Sub. H. B. No. 153 As Pending in the Senate Finance Committee

As Pending in the Senate Finance Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 153

A BILL

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

9.231, 9.24, 9.312, 9.314, 9.33, 9.331, 9.332,

9.333, 9.82, 9.823, 9.833, 9.90, 9.901, 101.532,

101.82, 102.02, 105.41, 107.09, 109.36, 109.57,

109.572, 109.64, 109.71, 109.801, 111.12, 111.16,

111.18, 117.101, 117.13, 118.023, 118.04, 118.05,

118.06, 118.12, 118.17, 118.99, 120.40, 121.03,

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

121.403, 121.404, 122.121, 122.171, 122.76,

123.01, 123.011, 123.10, 124.09, 124.11, 124.14,

124.141, 124.15, 124.23, 124.231, 124.24, 124.25,

124.26, 124.27, 124.31, 124.34, 124.393, 125.021,

125.15, 125.18, 125.28, 125.89, 126.021, 126.12,

126.21, 126.24, 126.45, 126.46, 126.50, 126.503,

127.14, 127.16, 127.162, 131.02, 131.23, 131.44,

131.51, 133.01, 133.06, 133.18, 133.20, 133.55,

135.05, 135.61, 135.65, 135.66, 145.27, 145.56,

149.01, 149.091, 149.11, 149.311, 149.351, 149.38,

149.43, 153.01, 153.012, 153.02, 153.03, 153.07,

153.08, 153.50, 153.51, 153.52, 153.54, 153.56,

153.581, 153.65, 153.66, 153.67, 153.69, 153.70,

153.71, 153.80, 154.02, 154.07, 154.11, 166.02,

173.14, 173.21, 173.26, 173.35, 173.351, 173.36,

173.391, 173.40, 173.401, 173.403, 173.404,

173.42, 173.45, 173.46, 173.47, 173.48, 173.501,

183.30, 183.51, 185.01, 185.03, 185.06, 185.10,

301.02, 301.15, 301.28, 305.171, 306.35, 306.43,

306.70, 307.022, 307.041, 307.10, 307.12, 307.676,

307.70, 307.79, 307.791, 307.80, 307.802, 307.803,

307.806, 307.81, 307.82, 307.83, 307.84, 307.842,

307.843, 307.846, 307.86, 308.13, 311.29, 311.31,

317.20, 317.321, 319.11, 319.301, 319.54, 319.63,

321.18, 321.261, 322.02, 322.021, 323.08, 323.73,

323.75, 324.02, 324.021, 325.20, 340.02, 340.03,

340.033, 340.05, 340.091, 340.11, 341.192, 343.08,

345.03, 349.03, 501.07, 503.05, 503.162, 503.41,

504.02, 504.03, 504.12, 504.16, 504.21, 505.101,

505.105, 505.106, 505.107, 505.108, 505.109,

505.17, 505.172, 505.24, 505.264, 505.267, 505.28,

505.373, 505.43, 505.48, 505.481, 505.49, 505.491,

505.492, 505.493, 505.494, 505.495, 505.50,

505.51, 505.511, 505.52, 505.53, 505.54, 505.541,

505.55, 505.60, 505.601, 505.603, 505.61, 505.67,

505.73, 507.09, 509.15, 511.01, 511.12, 511.23,

511.235, 511.236, 511.25, 511.28, 511.34, 513.14,

515.01, 515.04, 515.07, 517.06, 517.12, 517.22,

521.03, 521.05, 705.16, 709.43, 709.44, 711.35,

715.011, 715.47, 718.01, 718.09, 718.10, 719.012,

719.05, 721.03, 721.15, 721.20, 723.07, 727.011,

727.012, 727.08, 727.14, 727.46, 729.08, 729.11,

731.14, 731.141, 731.20, 731.21, 731.211, 731.22,

731.23, 731.24, 731.25, 735.05, 735.20, 737.04,

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

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

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

955.011, 955.012, 1309.528, 1327.46, 1327.50,

1327.51, 1327.511, 1327.54, 1327.57, 1327.62,

1327.99, 1329.04, 1329.42, 1332.24, 1345.73,

1347.08, 1501.022, 1501.40, 1503.05, 1503.141,

1505.01, 1505.04, 1505.06, 1505.09, 1505.11,

1505.99, 1506.21, 1509.01, 1509.02, 1509.021,

1509.03, 1509.04, 1509.041, 1509.05, 1509.06,

1509.061, 1509.062, 1509.07, 1509.071, 1509.072,

1509.073, 1509.08, 1509.09, 1509.10, 1509.11,

1509.12, 1509.13, 1509.14, 1509.15, 1509.17,

1509.181, 1509.19, 1509.21, 1509.22, 1509.221,

1509.222, 1509.223, 1509.224, 1509.225, 1509.226,

1509.23, 1509.24, 1509.25, 1509.26, 1509.27,

1509.28, 1509.29, 1509.31, 1509.32, 1509.33,

1509.34, 1509.36, 1509.38, 1509.40, 1509.50,

1510.01, 1510.08, 1515.08, 1515.14, 1515.24,

1517.02, 1517.03, 1531.04, 1533.10, 1533.11,

1533.111, 1533.32, 1533.731, 1533.83, 1541.03,

1541.05, 1545.071, 1545.09, 1545.12, 1545.131,

1545.132, 1547.30, 1547.301, 1547.302, 1547.303,

1547.304, 1551.311, 1551.32, 1551.33, 1551.35,

1555.02, 1555.03, 1555.04, 1555.05, 1555.06,

1555.08, 1555.17, 1561.06, 1561.12, 1561.13,

1561.35, 1561.49, 1563.06, 1563.24, 1563.28,

1571.01, 1571.02, 1571.03, 1571.04, 1571.05,

1571.06, 1571.08, 1571.09, 1571.10, 1571.11,

1571.14, 1571.16, 1571.18, 1571.99, 1701.07,

1702.59, 1703.031, 1703.07, 1707.11, 1707.17,

1711.05, 1711.07, 1711.18, 1711.30, 1728.06,

1728.07, 1751.01, 1751.04, 1751.11, 1751.111,

1751.12, 1751.13, 1751.15, 1751.17, 1751.20,

1751.31, 1751.34, 1751.60, 1761.04, 1776.83,

1785.06, 1901.02, 1901.18, 1901.261, 1901.262,

1907.261, 1907.262, 1907.53, 1909.11, 1923.01,

1923.02, 1923.061, 1923.15, 2101.08, 2101.162,

2105.09, 2151.011, 2151.3515, 2151.412, 2151.421,

2151.424, 2151.541, 2152.72, 2301.03, 2301.031,

2301.18, 2301.20, 2301.21, 2301.22, 2301.23,

2301.24, 2301.25, 2301.26, 2303.201, 2305.01,

2305.232, 2317.02, 2317.422, 2319.27, 2329.26,

2335.05, 2335.06, 2501.16, 2501.17, 2743.09,

2744.05, 2901.01, 2903.33, 2907.15, 2915.01,

2917.40, 2919.271, 2921.41, 2929.71, 2935.01,

2935.03, 2939.11, 2945.371, 2945.38, 2945.39,

2945.40, 2945.401, 2945.402, 2949.14, 2953.08,

100

2981.11, 2981.13, 3109.16, 3111.04, 3113.06,

101

3119.54, 3121.48, 3123.44, 3123.45, 3123.55,

102

3123.56, 3123.58, 3123.59, 3123.63, 3301.07,

103

3301.071, 3301.079, 3301.0710, 3301.0711,

104

3301.0712, 3301.0714, 3301.16, 3301.162, 3301.70,

105

3302.02, 3302.031, 3302.05, 3302.07, 3304.181,

106

3304.182, 3305.08, 3306.12, 3307.20, 3307.31,

107

3307.41, 3307.64, 3309.22, 3309.41, 3309.48,

108

3309.51, 3309.66, 3310.02, 3310.03, 3310.05,

109

3310.08, 3310.41, 3311.05, 3311.054, 3311.056,

110

3311.06, 3311.19, 3311.21, 3311.213, 3311.214,

111

3311.29, 3311.50, 3311.52, 3311.53, 3311.73,

112

3311.76, 3313.29, 3313.372, 3313.41, 3313.46,

113

3313.482, 3313.533, 3313.55, 3313.603, 3313.61,

114

3313.611, 3313.612, 3313.614, 3313.64, 3313.6410,

115

3313.65, 3313.75, 3313.816, 3313.842, 3313.843,

116

3313.845, 3313.911, 3313.97, 3313.975, 3313.978,

117

3313.981, 3314.012, 3314.015, 3314.02, 3314.021,

118

3314.023, 3314.03, 3314.05, 3314.051, 3314.07,

119

3314.08, 3314.087, 3314.088, 3314.091, 3314.10,

120

3314.13, 3314.19, 3314.35, 3314.36, 3315.01,

121

3316.041, 3316.06, 3316.08, 3316.20, 3317.01,

122

3317.013, 3317.014, 3317.018, 3317.02, 3317.021,

123

3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,

124

3317.0211, 3317.03, 3317.031, 3317.05, 3317.051,

125

3317.053, 3317.06, 3317.061, 3317.07, 3317.08,

126

3317.081, 3317.082, 3317.09, 3317.11, 3317.12,

127

3317.16, 3317.18, 3317.19, 3317.20, 3317.201,

128

3318.011, 3318.032, 3318.034, 3318.05, 3318.051,

129

3318.08, 3318.12, 3318.31, 3318.36, 3318.37,

130

3318.38, 3318.41, 3319.081, 3319.17, 3319.19,

131

3319.227, 3319.26, 3319.31, 3319.311, 3319.39,

132

3319.57, 3319.71, 3323.09, 3323.091, 3323.14,

133

3323.142, 3323.31, 3324.05, 3325.08, 3326.11,

134

3326.33, 3326.39, 3327.02, 3327.04, 3327.05,

135

3329.08, 3331.01, 3333.03, 3333.043, 3333.31,

136

3333.38, 3333.66, 3333.81, 3333.82, 3333.83,

137

3333.84, 3333.85, 3333.87, 3333.90, 3334.19,

138

3345.061, 3345.14, 3345.32, 3349.29, 3353.04,

139

3354.12, 3354.16, 3355.09, 3357.16, 3365.01,

140

3365.08, 3375.41, 3381.11, 3501.03, 3501.17,

141

3505.13, 3506.05, 3701.021, 3701.023, 3701.07,

142

3701.61, 3701.74, 3701.83, 3702.59, 3704.06,

143

3704.14, 3705.24, 3709.085, 3709.09, 3709.092,

144

3709.21, 3717.01, 3717.53, 3719.141, 3721.01,

145

3721.011, 3721.02, 3721.031, 3721.04, 3721.50,

146

3721.51, 3721.561, 3721.58, 3721.99, 3722.01,

147

3722.011, 3722.02, 3722.021, 3722.022, 3722.04,

148

3722.041, 3722.05, 3722.06, 3722.07, 3722.08,

149

3722.09, 3722.10, 3722.11, 3722.12, 3722.13,

150

3722.14, 3722.15, 3722.151, 3722.16, 3722.17,

151

3722.18, 3729.01, 3733.02, 3733.021, 3733.022,

152

3733.024, 3733.025, 3733.03, 3733.04, 3733.05,

153

3733.06, 3733.08, 3733.09, 3733.091, 3733.10,

154

3733.101, 3733.11, 3733.12, 3733.121, 3733.122,

155

3733.123, 3733.13, 3733.14, 3733.15, 3733.17,

156

3733.18, 3733.19, 3733.20, 3733.21, 3733.41,

157

3734.02, 3734.05, 3734.06, 3734.18, 3734.19,

158

3734.20, 3734.21, 3734.22, 3734.23, 3734.24,

159

3734.25, 3734.26, 3734.27, 3734.28, 3734.282,

160

3734.57, 3734.85, 3734.901, 3735.36, 3735.66,

161

3737.73, 3737.83, 3737.841, 3737.87, 3737.88,

162

3743.06, 3743.19, 3743.52, 3743.53, 3743.54,

163

3745.015, 3745.05, 3745.11, 3746.02, 3750.081,

164

3767.32, 3769.08, 3769.20, 3769.26, 3770.02,

165

3770.05, 3770.06, 3772.032, 3772.062, 3781.06,

166

3781.183, 3791.043, 3793.04, 3793.06, 3793.21,

167

3901.3814, 3903.01, 3923.28, 3923.281, 3923.30,

168

3924.10, 3937.41, 3963.01, 3963.11, 4111.14,

169

4113.11, 4113.61, 4115.03, 4115.033, 4115.034,

170

4115.04, 4115.10, 4115.101, 4115.16, 4116.01,

171

4117.01, 4117.03, 4121.03, 4121.12, 4121.121,

172

4121.125, 4121.128, 4121.44, 4123.27, 4123.341,

173

4123.342, 4123.35, 4131.03, 4131.031, 4141.08,

174

4141.11, 4141.33, 4301.01, 4301.12, 4301.17,

175

4301.43, 4301.62, 4301.80, 4301.81, 4303.02,

176

4503.03, 4503.06, 4503.061, 4503.062, 4503.235,

177

4503.70, 4503.93, 4504.02, 4504.021, 4504.15,

178

4504.16, 4504.18, 4506.071, 4507.111, 4507.164,

179

4507.1612, 4507.45, 4509.101, 4509.81, 4510.10,

180

4510.22, 4510.72, 4511.191, 4511.193, 4513.39,

181

4513.60, 4513.61, 4513.62, 4513.63, 4513.64,

182

4513.66, 4517.01, 4517.02, 4517.04, 4517.09,

183

4517.10, 4517.12, 4517.13, 4517.14, 4517.23,

184

4517.24, 4517.44, 4549.17, 4582.12, 4582.31,

185

4585.10, 4705.021, 4725.34, 4725.48, 4725.50,

186

4725.52, 4725.57, 4729.52, 4731.65, 4731.71,

187

4733.15, 4733.151, 4735.01, 4735.02, 4735.03,

188

4735.05, 4735.052, 4735.06, 4735.07, 4735.09,

189

4735.10, 4735.13, 4735.14, 4735.141, 4735.142,

190

4735.15, 4735.16, 4735.17, 4735.18, 4735.181,

191

4735.182, 4735.19, 4735.20, 4735.21, 4735.211,

192

4735.32, 4735.55, 4735.58, 4735.59, 4735.62,

193

4735.68, 4735.71, 4735.74, 4736.12, 4743.05,

194

4757.31, 4776.01, 4781.01, 4781.02, 4781.04,

195

4781.07, 4781.09, 4781.14, 4781.15, 4781.99,

196

4905.90, 4906.01, 4909.15, 4911.02, 4928.18,

197

4928.20, 4929.26, 4929.27, 4931.40, 4931.51,

198

4931.52, 4931.53, 5101.16, 5101.181, 5101.182,

199

5101.183, 5101.244, 5101.26, 5101.27, 5101.271,

200

5101.272, 5101.28, 5101.30, 5101.35, 5101.37,

201

5101.46, 5101.47, 5101.50, 5101.571, 5101.573,

202

5101.58, 5101.60, 5101.61, 5101.98, 5104.01,

203

5104.011, 5104.012, 5104.013, 5104.03, 5104.04,

204

5104.05, 5104.13, 5104.30, 5104.32, 5104.34,

205

5104.341, 5104.35, 5104.37, 5104.38, 5104.39,

206

5104.42, 5104.43, 5104.99, 5111.012, 5111.013,

207

5111.0112, 5111.021, 5111.023, 5111.025, 5111.031,

208

5111.06, 5111.113, 5111.13, 5111.151, 5111.16,

209

5111.17, 5111.172, 5111.20, 5111.21, 5111.211,

210

5111.222, 5111.23, 5111.231, 5111.235, 5111.24,

211

5111.241, 5111.244, 5111.25, 5111.251, 5111.254,

212

5111.258, 5111.27, 5111.28, 5111.33, 5111.35,

213

5111.52, 5111.65, 5111.66, 5111.67, 5111.671,

214

5111.672, 5111.68, 5111.681, 5111.687, 5111.689,

215

5111.85, 5111.871, 5111.872, 5111.873, 5111.874,

216

5111.877, 5111.88, 5111.89, 5111.891, 5111.894,

217

5111.911, 5111.912, 5111.913, 5111.94, 5111.941,

218

5111.97, 5112.30, 5112.31, 5112.37, 5112.371,

219

5112.39, 5112.40, 5112.41, 5112.46, 5112.99,

220

5119.01, 5119.02, 5119.06, 5119.16, 5119.18,

221

5119.22, 5119.61, 5119.611, 5119.613, 5119.62,

222

5119.621, 5119.99, 5120.105, 5120.135, 5120.17,

223

5120.22, 5120.28, 5120.29, 5122.01, 5122.15,

224

5122.21, 5122.31, 5123.01, 5123.0413, 5123.0417,

225

5123.051, 5123.171, 5123.18, 5123.19, 5123.191,

226

5123.194, 5123.352, 5123.45, 5123.60, 5126.01,

227

5126.029, 5126.04, 5126.042, 5126.05, 5126.054,

228

5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11,

229

5126.12, 5126.24, 5126.41, 5126.42, 5139.11,

230

5139.43, 5310.35, 5321.01, 5501.44, 5501.73,

231

5502.52, 5502.522, 5502.61, 5502.68, 5505.04,

232

5505.22, 5525.04, 5540.03, 5540.031, 5540.05,

233

5543.10, 5549.21, 5552.06, 5553.05, 5553.19,

234

5553.23, 5553.42, 5555.07, 5555.27, 5555.42,

235

5559.06, 5559.10, 5559.12, 5561.04, 5561.08,

236

5571.011, 5573.02, 5573.10, 5575.01, 5575.02,

237

5577.042, 5577.043, 5591.15, 5593.08, 5701.13,

238

5703.05, 5703.37, 5703.58, 5705.01, 5705.14,

239

5705.16, 5705.191, 5705.194, 5705.196, 5705.21,

240

5705.211, 5705.214, 5705.218, 5705.25, 5705.251,

241

5705.261, 5705.29, 5705.314, 5705.392, 5705.412,

242

5705.71, 5707.031, 5709.07, 5709.084, 5709.62,

243

5709.63, 5709.632, 5713.01, 5715.17, 5715.23,

244

5715.26, 5719.04, 5721.01, 5721.03, 5721.04,

245

5721.18, 5721.19, 5721.30, 5721.31, 5721.32,

246

5721.37, 5721.38, 5721.42, 5722.13, 5723.05,

247

5723.18, 5725.151, 5725.24, 5725.98, 5727.57,

248

5727.84, 5727.85, 5727.86, 5729.98, 5731.02,

249

5731.19, 5731.21, 5731.39, 5733.0610, 5733.23,

250

5739.01, 5739.02, 5739.021, 5739.022, 5739.026,

251

5739.07, 5739.101, 5739.19, 5739.30, 5747.01,

252

5747.058, 5747.113, 5747.451, 5747.46, 5747.51,

253

5747.53, 5748.01, 5748.02, 5748.021, 5748.04,

254

5748.05, 5748.08, 5748.081, 5751.01, 5751.011,

255

5751.20, 5751.21, 5751.22, 5751.23, 5751.50,

256

5753.01, 6101.16, 6103.04, 6103.05, 6103.06,

257

6103.081, 6103.31, 6105.131, 6109.21, 6111.038,

258

6111.044, 6111.46, 6115.01, 6115.20, 6117.05,

259

6117.06, 6117.07, 6117.251, 6117.49, 6119.10,

260

6119.18, 6119.22, 6119.25, and 6119.58; to amend,

261

for the purpose of adopting new section numbers as

262

indicated in parentheses, sections 173.35

263

(5119.69), 173.351 (5119.691), 173.36 (5119.692),

264

505.481 (505.482), 505.482 (505.481), 3306.12

265

(3317.0212), 3314.20 (3313.473), 3721.561

266

(3721.56), 3722.01 (5119.70), 3722.011 (5119.701),

267

3722.02 (5119.71), 3722.021 (5119.711), 3722.022

268

(5119.712), 3722.03 (5119.72), 3722.04 (5119.73),

269

3722.041 (5119.731), 3722.05 (5119.74), 3722.06

270

(5119.75), 3722.07 (5119.76), 3722.08 (5119.77),

271

3722.09 (5119.78), 3722.10 (5119.79), 3722.11

272

(5119.80), 3722.12 (5119.81), 3722.13 (5119.82),

273

3722.14 (5119.83), 3722.15 (5119.84), 3722.151

274

(5119.85), 3722.16 (5119.86), 3722.17 (5119.87),

275

3722.18 (5119.88), 3733.02 (4781.26), 3733.021

276

(4781.31), 3733.022 (4781.32), 3733.024 (4781.33),

277

3733.025 (4781.34), 3733.03 (4781.27), 3733.04

278

(4781.28), 3733.05 (4781.29), 3733.06 (4781.30),

279

3733.08 (4781.35), 3733.09 (4781.36), 3733.091

280

(4781.37), 3733.10 (4781.38), 3733.101 (4781.39),

281

3733.11 (4781.40), 3733.12 (4781.41), 3733.121

282

(4781.42), 3733.122 (4781.43), 3733.123 (4781.44),

283

3733.13 (4781.45), 3733.14 (4781.46), 3733.15

284

(4781.47), 3733.16 (4781.48), 3733.17 (4781.49),

285

3733.18 (4781.50), 3733.19 (4781.51), 3733.20

286

(4781.52), 3733.49 (3733.43), 5101.271 (5101.272),

287

5101.272 (5101.273), 5101.5110 (5101.5111),

288

5111.14 (5111.141), 5111.261 (5111.263), 5111.892

289

(5111.893), 5119.612 (5119.613), and 5119.613

290

(5119.614); to enact new sections 3314.016,

291

3733.42, 5101.271, 5101.5110, 5111.14, 5111.261,

292

5111.861, 5111.892, 5119.612, 5126.18, and

293

5747.52, and sections 7.16, 9.334, 9.335, 9.336,

294

9.482, 101.36, 101.711, 111.181, 111.28, 111.29,

295

113.42, 113.43, 113.44, 113.47, 118.025, 118.31,

296

124.394, 125.024, 125.182, 125.213, 126.10,

297

126.141, 126.60, 126.601, 126.602, 126.603,

298

126.604, 127.19, 131.024, 149.308, 153.501,

299

153.502, 153.503, 153.504, 153.53, 153.55,

300

153.692, 153.693, 153.694, 153.695, 153.72,

301

153.73, 154.24, 154.25, 167.081, 173.41, 305.23,

302

306.322, 306.55, 306.551, 307.847, 317.06,

303

505.483, 505.484, 505.551, 523.01, 523.02, 523.03,

304

523.04, 523.05, 523.06, 523.09, 709.451, 709.452,

305

918.221, 1327.501, 1505.05, 1509.022, 1541.25,

306

1541.26, 1571.012, 1571.013, 1571.014, 2151.429,

307

2335.061, 3123.591, 3301.81, 3302.042, 3302.06,

308

3302.061, 3302.062, 3302.063, 3302.064, 3302.065,

309

3302.066, 3302.067, 3302.068, 3302.12, 3302.20,

310

3302.21, 3302.22, 3302.25, 3302.30, 3310.51,

311

3310.52, 3310.521, 3310.53, 3310.54, 3310.55,

312

3310.56, 3310.57, 3310.58, 3310.59, 3310.60,

313

3310.61, 3310.62, 3310.63, 3310.64, 3311.0510,

314

3313.411, 3313.538, 3313.846, 3313.88, 3314.0210,

315

3314.46, 3316.21, 3318.054, 3318.371, 3318.48,

316

3318.49, 3318.60, 3319.0810, 3319.228, 3319.58,

317

3323.052, 3328.01 to 3328.04, 3328.11 to 3328.15,

318

3328.17 to 3328.19, 3328.191, 3328.192, 3328.193,

319

3328.20 to 3328.26, 3328.31 to 3328.36, 3328.41,

320

3328.45, 3328.50, 3328.99, 3333.0411, 3333.43,

321

3333.93, 3333.94, 3345.023, 3345.55, 3345.81,

322

3353.15, 3701.0211, 3701.032, 3709.341, 3717.54,

323

3734.577, 3745.016, 3770.15, 3793.061, 3901.56,

324

3903.301, 4303.209, 4313.01, 4313.02, 4781.121,

325

4781.54, 4911.021, 5101.504, 5101.5210, 5111.0122,

326

5111.0123, 5111.0124, 5111.0125, 5111.0212,

327

5111.0213, 5111.0214, 5111.0215, 5111.035,

328

5111.051, 5111.052, 5111.053, 5111.063, 5111.085,

329

5111.161, 5111.1711, 5111.224, 5111.225, 5111.259,

330

5111.862, 5111.863, 5111.864, 5111.865, 5111.944,

331

5111.945, 5111.981, 5112.991, 5119.012, 5119.013,

332

5119.222, 5119.622, 5119.623, 5119.693, 5120.092,

333

5122.341, 5123.0418, 5123.0419, 5703.059, 5725.34,

334

5729.17, 5748.09, 5751.41, 6115.231, and 6119.061;

335

and to repeal sections 7.14, 122.0818, 122.452,

336

126.04, 126.501, 126.502, 126.507, 165.031, 181.21

337

to 181.26, 340.08, 701.04, 1501.031, 1551.13,

338

2301.19, 3123.52, 3123.61, 3123.612, 3123.613,

339

3123.614, 3301.82, 3306.01, 3306.011, 3306.012,

340

3306.02, 3306.03, 3306.04, 3306.05, 3306.051,

341

3306.052, 3306.06, 3306.07, 3306.08, 3306.09,

342

3306.091, 3306.10, 3306.11, 3306.13, 3306.19,

343

3306.191, 3306.192, 3306.21, 3306.22, 3306.29,

344

3306.291, 3306.292, 3306.51, 3306.52, 3306.53,

345

3306.54, 3306.55, 3306.56, 3306.57, 3306.58,

346

3306.59, 3311.059, 3314.013, 3314.014, 3314.016,

347

3314.017, 3314.082, 3314.085, 3314.11, 3314.111,

348

3317.011, 3317.016, 3317.017, 3317.0216, 3317.04,

349

3317.17, 3319.62, 3329.16, 3335.45, 3349.242,

350

3706.042, 3721.56, 3722.99, 3733.01, 3733.031,

351

3733.07, 3733.22, 3733.23, 3733.24, 3733.25,

352

3733.26, 3733.27, 3733.28, 3733.29, 3733.30,

353

3733.42, 3733.43, 3733.431, 3733.44, 3733.45,

354

3733.46, 3733.47, 3733.471, 3733.48, 3733.99,

355

3923.90, 3923.91, 4115.032, 4121.75, 4121.76,

356

4121.77, 4121.78, 4121.79, 4582.37, 4981.23,

357

5101.34, 5101.341, 5101.342, 5101.343, 5101.5211,

358

5101.5212, 5101.5213, 5101.5214, 5101.5215,

359

5101.5216, 5111.243, 5111.34, 5111.861, 5111.893,

360

5111.971, 5122.36, 5123.172, 5123.181, 5123.193,

361

5123.211, 5126.18, 5126.19, 5747.52, and 5901.021

362

of the Revised Code; to amend Section 205.10 of

363

Am. Sub. H.B. 114 of the 129th General Assembly,

364

Section 211 of Sub. H.B. 123 of the 129th General

365

Assembly, Sections 125.10 and 753.60 of Am. Sub.

366

H.B. 1 of the 128th General Assembly, Section

367

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

368

Assembly, Section 105.40.70 of Sub. H.B. 462 of

369

the 128th General Assembly, as subsequently

370

amended, Section 6 of Am. Sub. S.B. 124 of the

371

128th General Assembly, Section 5 of Sub. H.B. 125

372

of the 127th General Assembly, as subsequently

373

amended, and Section 153 of Am. Sub. H.B. 117 of

374

the 121st General Assembly, as subsequently

375

amended; to repeal Section 5 of Sub. H.B. 2 of the

376

127th General Assembly; to amend the version of

377

section 5111.913 of the Revised Code that results

378

from Section 101.01 of this act on July 1, 2012;

379

to amend sections 3721.16, 5111.709, 5119.221,

380

5122.01, 5122.02, 5122.27, 5122.271, 5122.29,

381

5122.31, 5122.32, 5123.092, 5123.19, 5123.191,

382

5123.35, 5123.60, 5123.61, 5123.63, 5123.64,

383

5123.69, 5123.701, 5123.86, 5123.99, and 5126.33,

384

to amend section 5123.60 (5123.601) for the

385

purpose of adopting a new section number as

386

indicated in parentheses, to enact new sections

387

5123.60 and 5123.602, and to repeal sections

388

5123.601, 5123.602, 5123.603, 5123.604, and

389

5123.605 of the Revised Code on October 1, 2012;

390

and to terminate certain provisions of this act on

391

June 30, 2013, by repealing sections 126.60,

392

126.601, 126.602, 126.603, 126.604, and 126.605 of

393

the Revised Code on that date; to make operating

394

appropriations for the biennium beginning July 1,

395

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

396

authorization and conditions for the operation of

397

programs, including reforms for the efficient and

398

effective operation of state and local government.

399

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

Section 101.01. That sections 7.10, 7.11, 7.12, 9.03, 9.06,	400
9.231, 9.24, 9.312, 9.314, 9.33, 9.331, 9.332, 9.333, 9.82, 9.823,	401
9.833, 9.90, 9.901, 101.532, 101.82, 102.02, 105.41, 107.09,	402
109.36, 109.57, 109.572, 109.64, 109.71, 109.801, 111.12, 111.16,	403
111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 118.12,	404
118.17, 118.99, 120.40, 121.03, 121.04, 121.22, 121.37, 121.40,	405
121.401, 121.402, 121.403, 121.404, 122.121, 122.171, 122.76,	406
123.01, 123.011, 123.10, 124.09, 124.11, 124.14, 124.141, 124.15,	407
124.23, 124.231, 124.24, 124.25, 124.26, 124.27, 124.31, 124.34,	408
124.393, 125.021, 125.15, 125.18, 125.28, 125.89, 126.021, 126.12,	409
126.21, 126.24, 126.45, 126.46, 126.50, 126.503, 127.14, 127.16,	410
127.162, 131.02, 131.23, 131.44, 131.51, 133.01, 133.06, 133.18,	411
133.20, 133.55, 135.05, 135.61, 135.65, 135.66, 145.27, 145.56,	412
149.01, 149.091, 149.11, 149.311, 149.351, 149.38, 149.43, 153.01,	413
153.012, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 153.52,	414
153.54, 153.56, 153.581, 153.65, 153.66, 153.67, 153.69, 153.70,	415
153.71, 153.80, 154.02, 154.07, 154.11, 166.02, 173.14, 173.21,	416
173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401,	417
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501,	418
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15,	419
301.28, 305.171, 306.35, 306.43, 306.70, 307.022, 307.041, 307.10,	420
307.12, 307.676, 307.70, 307.79, 307.791, 307.80, 307.802,	421
307.803, 307.806, 307.81, 307.82, 307.83, 307.84, 307.842,	422
307.843, 307.846, 307.86, 308.13, 311.29, 311.31, 317.20, 317.321,	423
319.11, 319.301, 319.54, 319.63, 321.18, 321.261, 322.02, 322.021,	424
323.08, 323.73, 323.75, 324.02, 324.021, 325.20, 340.02, 340.03,	425
340.033, 340.05, 340.091, 340.11, 341.192, 343.08, 345.03, 349.03,	426
501.07, 503.05, 503.162, 503.41, 504.02, 504.03, 504.12, 504.16,	427
504.21, 505.101, 505.105, 505.106, 505.107, 505.108, 505.109,	428
505.17, 505.172, 505.24, 505.264, 505.267, 505.28, 505.373,	429
505.43, 505.48, 505.481, 505.49, 505.491, 505.492, 505.493,	430
505.494, 505.495, 505.50, 505.51, 505.511, 505.52, 505.53, 505.54,	431
505.541, 505.55, 505.60, 505.601, 505.603, 505.61, 505.67, 505.73,	432
507.09, 509.15, 511.01, 511.12, 511.23, 511.235, 511.236, 511.25,	433
511.28, 511.34, 513.14, 515.01, 515.04, 515.07, 517.06, 517.12,	434
517.22, 521.03, 521.05, 705.16, 709.43, 709.44, 711.35, 715.011,	435
715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 721.03, 721.15,	436
721.20, 723.07, 727.011, 727.012, 727.08, 727.14, 727.46, 729.08,	437
729.11, 731.14, 731.141, 731.20, 731.21, 731.211, 731.22, 731.23,	438
731.24, 731.25, 735.05, 735.20, 737.04, 737.041, 737.32, 737.40,	439
742.41, 745.07, 747.05, 747.11, 747.12, 755.16, 755.29, 755.41,	440
755.42, 755.43, 759.47, 901.09, 924.52, 927.69, 951.11, 955.011,	441
955.012, 1309.528, 1327.46, 1327.50, 1327.51, 1327.511, 1327.54,	442
1327.57, 1327.62, 1327.99, 1329.04, 1329.42, 1332.24, 1345.73,	443
1347.08, 1501.022, 1501.40, 1503.05, 1503.141, 1505.01, 1505.04,	444
1505.06, 1505.09, 1505.11, 1505.99, 1506.21, 1509.01, 1509.02,	445
1509.021, 1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061,	446
1509.062, 1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09,	447
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17,	448
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223,	449
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26,	450
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34,	451
1509.36, 1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08,	452
1515.14, 1515.24, 1517.02, 1517.03, 1531.04, 1533.10, 1533.11,	453
1533.111, 1533.32, 1533.731, 1533.83, 1541.03, 1541.05, 1545.071,	454
1545.09, 1545.12, 1545.131, 1545.132, 1547.30, 1547.301, 1547.302,	455
1547.303, 1547.304, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02,	456
1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06,	457
1561.12, 1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28,	458
1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08,	459
1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99,	460
1701.07, 1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05,	461
1711.07, 1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04,	462
1751.11, 1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20,	463
1751.31, 1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.02,	464
1901.18, 1901.261, 1901.262, 1907.261, 1907.262, 1907.53, 1909.11,	465
1923.01, 1923.02, 1923.061, 1923.15, 2101.08, 2101.162, 2105.09,	466
2151.011, 2151.3515, 2151.412, 2151.421, 2151.424, 2151.541,	467
2152.72, 2301.03, 2301.031, 2301.18, 2301.20, 2301.21, 2301.22,	468
2301.23, 2301.24, 2301.25, 2301.26, 2303.201, 2305.01, 2305.232,	469
2317.02, 2317.422, 2319.27, 2329.26, 2335.05, 2335.06, 2501.16,	470
2501.17, 2743.09, 2744.05, 2901.01, 2903.33, 2907.15, 2915.01,	471
2917.40, 2919.271, 2921.41, 2929.71, 2935.01, 2935.03, 2939.11,	472
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2945.402, 2949.14,	473
2953.08, 2981.11, 2981.13, 3109.16, 3111.04, 3113.06, 3119.54,	474
3121.48, 3123.44, 3123.45, 3123.55, 3123.56, 3123.58, 3123.59,	475
3123.63, 3301.07, 3301.071, 3301.079, 3301.0710, 3301.0711,	476
3301.0712, 3301.0714, 3301.16, 3301.162, 3301.70, 3302.02,	477
3302.031, 3302.05, 3302.07, 3304.181, 3304.182, 3305.08, 3306.12,	478
3307.20, 3307.31, 3307.41, 3307.64, 3309.22, 3309.41, 3309.48,	479
3309.51, 3309.66, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41,	480
3311.05, 3311.054, 3311.056, 3311.06, 3311.19, 3311.21, 3311.213,	481
3311.214, 3311.29, 3311.50, 3311.52, 3311.53, 3311.73, 3311.76,	482
3313.29, 3313.372, 3313.41, 3313.46, 3313.482, 3313.533, 3313.55,	483
3313.603, 3313.61, 3313.611, 3313.612, 3313.614, 3313.64,	484
3313.6410, 3313.65, 3313.75, 3313.816, 3313.842, 3313.843,	485
3313.845, 3313.911, 3313.97, 3313.975, 3313.978, 3313.981,	486
3314.012, 3314.015, 3314.02, 3314.021, 3314.023, 3314.03, 3314.05,	487
3314.051, 3314.07, 3314.08, 3314.087, 3314.088, 3314.091, 3314.10,	488
3314.13, 3314.19, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06,	489
3316.08, 3316.20, 3317.01, 3317.013, 3317.014, 3317.018, 3317.02,	490
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,	491
3317.0211, 3317.03, 3317.031, 3317.05, 3317.051, 3317.053,	492
3317.06, 3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 3317.09,	493
3317.11, 3317.12, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201,	494
3318.011, 3318.032, 3318.034, 3318.05, 3318.051, 3318.08, 3318.12,	495
3318.31, 3318.36, 3318.37, 3318.38, 3318.41, 3319.081, 3319.17,	496
3319.19, 3319.227, 3319.26, 3319.31, 3319.311, 3319.39, 3319.57,	497
3319.71, 3323.09, 3323.091, 3323.14, 3323.142, 3323.31, 3324.05,	498
3325.08, 3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05,	499
3329.08, 3331.01, 3333.03, 3333.043, 3333.31, 3333.38, 3333.66,	500
3333.81, 3333.82, 3333.83, 3333.84, 3333.85, 3333.87, 3333.90,	501
3334.19, 3345.061, 3345.14, 3345.32, 3349.29, 3353.04, 3354.12,	502
3354.16, 3355.09, 3357.16, 3365.01, 3365.08, 3375.41, 3381.11,	503
3501.03, 3501.17, 3505.13, 3506.05, 3701.021, 3701.023, 3701.07,	504
3701.61, 3701.74, 3701.83, 3702.59, 3704.06, 3704.14, 3705.24,	505
3709.085, 3709.09, 3709.092, 3709.21, 3717.01, 3717.53, 3719.141,	506
3721.01, 3721.011, 3721.02, 3721.031, 3721.04, 3721.50, 3721.51,	507
3721.561, 3721.58, 3721.99, 3722.01, 3722.011, 3722.02, 3722.021,	508
3722.022, 3722.04, 3722.041, 3722.05, 3722.06, 3722.07, 3722.08,	509
3722.09, 3722.10, 3722.11, 3722.12, 3722.13, 3722.14, 3722.15,	510
3722.151, 3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 3733.021,	511
3733.022, 3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 3733.06,	512
3733.08, 3733.09, 3733.091, 3733.10, 3733.101, 3733.11, 3733.12,	513
3733.121, 3733.122, 3733.123, 3733.13, 3733.14, 3733.15, 3733.17,	514
3733.18, 3733.19, 3733.20, 3733.21, 3733.41, 3734.02, 3734.05,	515
3734.06, 3734.18, 3734.19, 3734.20, 3734.21, 3734.22, 3734.23,	516
3734.24, 3734.25, 3734.26, 3734.27, 3734.28, 3734.282, 3734.57,	517
3734.85, 3734.901, 3735.36, 3735.66, 3737.73, 3737.83, 3737.841,	518
3737.87, 3737.88, 3743.06, 3743.19, 3743.52, 3743.53, 3743.54,	519
3745.015, 3745.05, 3745.11, 3746.02, 3750.081, 3767.32, 3769.08,	520
3769.20, 3769.26, 3770.02, 3770.05, 3770.06, 3772.032, 3772.062,	521
3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 3901.3814,	522
3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3937.41, 3963.01,	523
3963.11, 4111.14, 4113.11, 4113.61, 4115.03, 4115.033, 4115.034,	524
4115.04, 4115.10, 4115.101, 4115.16, 4116.01, 4117.01, 4117.03,	525
4121.03, 4121.12, 4121.121, 4121.125, 4121.128, 4121.44, 4123.27,	526
4123.341, 4123.342, 4123.35, 4131.03, 4131.031, 4141.08, 4141.11,	527
4141.33, 4301.01, 4301.12, 4301.17, 4301.43, 4301.62, 4301.80,	528
4301.81, 4303.02, 4503.03, 4503.06, 4503.061, 4503.062, 4503.235,	529
4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 4504.16, 4504.18,	530
4506.071, 4507.111, 4507.164, 4507.1612, 4507.45, 4509.101,	531
4509.81, 4510.10, 4510.22, 4510.72, 4511.191, 4511.193, 4513.39,	532
4513.60, 4513.61, 4513.62, 4513.63, 4513.64, 4513.66, 4517.01,	533
4517.02, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14,	534
4517.23, 4517.24, 4517.44, 4549.17, 4582.12, 4582.31, 4585.10,	535
4705.021, 4725.34, 4725.48, 4725.50, 4725.52, 4725.57, 4729.52,	536
4731.65, 4731.71, 4733.15, 4733.151, 4735.01, 4735.02, 4735.03,	537
4735.05, 4735.052, 4735.06, 4735.07, 4735.09, 4735.10, 4735.13,	538
4735.14, 4735.141, 4735.142, 4735.15, 4735.16, 4735.17, 4735.18,	539
4735.181, 4735.182, 4735.19, 4735.20, 4735.21, 4735.211, 4735.32,	540
4735.55, 4735.58, 4735.59, 4735.62, 4735.68, 4735.71, 4735.74,	541
4736.12, 4743.05, 4757.31, 4776.01, 4781.01, 4781.02, 4781.04,	542
4781.07, 4781.09, 4781.14, 4781.15, 4781.99, 4905.90, 4906.01,	543
4909.15, 4911.02, 4928.18, 4928.20, 4929.26, 4929.27, 4931.40,	544
4931.51, 4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 5101.183,	545
5101.244, 5101.26, 5101.27, 5101.271, 5101.272, 5101.28, 5101.30,	546
5101.35, 5101.37, 5101.46, 5101.47, 5101.50, 5101.571, 5101.573,	547
5101.58, 5101.60, 5101.61, 5101.98, 5104.01, 5104.011, 5104.012,	548
5104.013, 5104.03, 5104.04, 5104.05, 5104.13, 5104.30, 5104.32,	549
5104.34, 5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 5104.42,	550
5104.43, 5104.99, 5111.012, 5111.013, 5111.0112, 5111.021,	551
5111.023, 5111.025, 5111.031, 5111.06, 5111.113, 5111.13,	552
5111.151, 5111.16, 5111.17, 5111.172, 5111.20, 5111.21, 5111.211,	553
5111.222, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241,	554
5111.244, 5111.25, 5111.251, 5111.254, 5111.258, 5111.27, 5111.28,	555
5111.33, 5111.35, 5111.52, 5111.65, 5111.66, 5111.67, 5111.671,	556
5111.672, 5111.68, 5111.681, 5111.687, 5111.689, 5111.85,	557
5111.871, 5111.872, 5111.873, 5111.874, 5111.877, 5111.88,	558
5111.89, 5111.891, 5111.894, 5111.911, 5111.912, 5111.913,	559
5111.94, 5111.941, 5111.97, 5112.30, 5112.31, 5112.37, 5112.371,	560
5112.39, 5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 5119.02,	561
5119.06, 5119.16, 5119.18, 5119.22, 5119.61, 5119.611, 5119.613,	562
5119.62, 5119.621, 5119.99, 5120.105, 5120.135, 5120.17, 5120.22,	563
5120.28, 5120.29, 5122.01, 5122.15, 5122.21, 5122.31, 5123.01,	564
5123.0413, 5123.0417, 5123.051, 5123.171, 5123.18, 5123.19,	565
5123.191, 5123.194, 5123.352, 5123.45, 5123.60, 5126.01, 5126.029,	566
5126.04, 5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511,	567
5126.0512, 5126.08, 5126.11, 5126.12, 5126.24, 5126.41, 5126.42,	568
5139.11, 5139.43, 5310.35, 5321.01, 5501.44, 5501.73, 5502.52,	569
5502.522, 5502.61, 5502.68, 5505.04, 5505.22, 5525.04, 5540.03,	570
5540.031, 5540.05, 5543.10, 5549.21, 5552.06, 5553.05, 5553.19,	571
5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 5559.06, 5559.10,	572
5559.12, 5561.04, 5561.08, 5571.011, 5573.02, 5573.10, 5575.01,	573
5575.02, 5577.042, 5577.043, 5591.15, 5593.08, 5701.13, 5703.05,	574
5703.37, 5703.58, 5705.01, 5705.14, 5705.16, 5705.191, 5705.194,	575
5705.196, 5705.21, 5705.211, 5705.214, 5705.218, 5705.25,	576
5705.251, 5705.261, 5705.29, 5705.314, 5705.392, 5705.412,	577
5705.71, 5707.031, 5709.07, 5709.084, 5709.62, 5709.63, 5709.632,	578
5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 5721.01, 5721.03,	579
5721.04, 5721.18, 5721.19, 5721.30, 5721.31, 5721.32, 5721.37,	580
5721.38, 5721.42, 5722.13, 5723.05, 5723.18, 5725.151, 5725.24,	581
5725.98, 5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02,	582
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 5739.01, 5739.02,	583
5739.021, 5739.022, 5739.026, 5739.07, 5739.101, 5739.19, 5739.30,	584
5747.01, 5747.058, 5747.113, 5747.451, 5747.46, 5747.51, 5747.53,	585
5748.01, 5748.02, 5748.021, 5748.04, 5748.05, 5748.08, 5748.081,	586
5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50,	587
5753.01, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31,	588
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20,	589
6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18,	590
6119.22, 6119.25, and 6119.58 be amended; sections 173.35	591
(5119.69), 173.351 (5119.691), 173.36 (5119.692), 505.481	592
(505.482), 505.482 (505.481), 3306.12 (3317.0212), 3314.20	593
(3313.473), 3721.561 (3721.56), 3722.01 (5119.70), 3722.011	594
(5119.701), 3722.02 (5119.71), 3722.021 (5119.711), 3722.022	595
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 3722.041	596
(5119.731), 3722.05 (5119.74), 3722.06 (5119.75), 3722.07	597
(5119.76), 3722.08 (5119.77), 3722.09 (5119.78), 3722.10	598
(5119.79), 3722.11 (5119.80), 3722.12 (5119.81), 3722.13	599
(5119.82), 3722.14 (5119.83), 3722.15 (5119.84), 3722.151	600
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 3722.18	601
(5119.88), 3733.02 (4781.26), 3733.021 (4781.31), 3733.022	602
(4781.32), 3733.024 (4781.33), 3733.025 (4781.34), 3733.03	603
(4781.27), 3733.04 (4781.28), 3733.05 (4781.29), 3733.06	604
(4781.30), 3733.08 (4781.35), 3733.09 (4781.36), 3733.091	605
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 3733.11	606
(4781.40), 3733.12 (4781.41), 3733.121 (4781.42), 3733.122	607
(4781.43), 3733.123 (4781.44), 3733.13 (4781.45), 3733.14	608
(4781.46), 3733.15 (4781.47), 3733.16 (4781.48), 3733.17	609
(4781.49), 3733.18 (4781.50), 3733.19 (4781.51), 3733.20	610
(4781.52), 3733.49 (3733.43), 5101.271 (5101.272), 5101.272	611
(5101.273), 5101.5110 (5101.5111), 5111.14 (5111.141), 5111.261	612
(5111.263), 5111.892 (5111.893), 5119.612 (5119.613), and 5119.613	613
(5119.614) be amended for the purpose of adopting new section	614
numbers as indicated in parentheses; that new sections 3314.016,	615
5101.271, 5101.5110, 5111.14, 5111.261, 5111.861, 5111.892,	616
5119.612, 5126.18, and 5747.52 and sections 7.16, 9.334, 9.335,	617
9.336, 9.482, 101.36, 101.711, 111.181, 111.28, 111.29, 113.42,	618
113.43, 113.44, 113.47, 118.025, 118.31, 124.394, 125.024,	619
125.182, 125.213, 126.10, 126.141, 126.60, 126.601, 126.602,	620
126.603, 126.604, 126.605, 127.19, 131.024, 149.308, 153.501,	621
153.502, 153.503, 153.504, 153.53, 153.55, 153.692, 153.693,	622
153.694, 153.695, 153.72, 153.73, 154.24, 154.25, 167.081, 173.41,	623
305.23, 306.322, 306.55, 306.551, 307.847, 317.06, 505.483,	624
505.484, 505.551, 523.01, 523.02, 523.03, 523.04, 523.05, 523.06,	625
523.09, 709.451, 709.452, 918.221, 1327.501, 1505.05, 1509.022,	626
1541.25, 1541.26, 1571.012, 1571.013, 1571.014, 2151.429,	627
2335.061, 3123.591, 3301.81, 3302.042, 3302.06, 3302.061,	628
3302.062, 3302.063, 3302.064, 3302.065, 3302.066, 3302.067,	629
3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.25, 3302.30,	630
3310.51, 3310.52, 3310.521, 3310.53, 3310.54, 3310.55, 3310.56,	631
3310.57, 3310.58, 3310.59, 3310.60, 3310.61, 3310.62, 3310.63,	632
3310.64, 3311.0510, 3313.411, 3313.538, 3313.846, 3313.88,	633
3314.0210, 3314.46, 3316.21, 3318.054, 3318.371, 3318.48, 3318.49,	634
3318.60, 3319.0810, 3319.228, 3319.58, 3323.052, 3328.01, 3328.02,	635
3328.03, 3328.04, 3328.11, 3328.12, 3328.13, 3328.14, 3328.15,	636
3328.17, 3328.18, 3328.19, 3328.191, 3328.192, 3328.193, 3328.20,	637
3328.21, 3328.22, 3328.23, 3328.24, 3328.25, 3328.26, 3328.31,	638
3328.32, 3328.33, 3328.34, 3328.35, 3328.36, 3328.41, 3328.45,	639
3328.50, 3328.99, 3333.0411, 3333.43, 3333.93, 3333.94, 3345.023,	640
3345.55, 3345.81, 3353.15, 3701.0211, 3701.032, 3709.341, 3717.54,	641
3733.42, 3743.577, 3745.016, 3770.15, 3793.061, 3901.56, 3903.301,	642
4303.209, 4313.01, 4313.02, 4781.121, 4781.54, 4911.021, 5101.504,	643
5101.5210, 5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.0212,	644
5111.0213, 5111.0214, 5111.0215, 5111.035, 5111.051, 5111.052,	645
5111.053, 5111.063, 5111.085, 5111.161, 5111.1711, 5111.224,	646
5111.225, 5111.259, 5111.862, 5111.863, 5111.864, 5111.865,	647
5111.944, 5111.945, 5111.981, 5112.991, 5119.012, 5119.013,	648
5119.222, 5119.622, 5119.623, 5119.693, 5120.092, 5122.341,	649
5123.0418, 5123.0419, 5703.059, 5725.34, 5729.17, 5748.09,	650
5751.41, 6115.231, and 6119.061 of the Revised Code be enacted to	651
read as follows:	652

Sec. 7.10. For the publication of advertisements, notices,	653
and proclamations, except those relating to proposed amendments to	654
the Ohio ~~constitution~~Constitution, required to be published by a	655
public officer of the state, ~~county, municipal corporation,~~	656
~~township, school~~, a benevolent or other public institution, ~~or by~~	657
a trustee, assignee, executor, or administrator, or by or in any	658
court of record, except when the rate is otherwise fixed by law,	659
publishers of newspapers may charge and receive for such	660
advertisements, notices, and proclamations rates charged on annual	661
contracts by them for a like amount of space to other advertisers	662
who advertise in its general display advertising columns. ~~Legal~~	663

For the publication of advertisements, notices, or	664
proclamations required to be published by a public officer of a	665
county, municipal corporation, township, school, or other	666
political subdivision, publishers of newspapers shall establish a	667
government rate, which shall include free publication of	668
advertisements, notices, or proclamations on the newspaper's	669
internet web site, if the newspaper has one. The government rate	670
shall not exceed the lowest classified advertising rate and lowest	671
insert rate paid by other advertisers.	672

Legal advertising, except that relating to proposed	673
amendments to the Ohio ~~constitution~~Constitution, shall be set up	674
in a compact form, without unnecessary spaces, blanks, or	675
headlines, and printed in not smaller than six-point type. The	676
type used must be of such proportions that the body of the capital	677
letter M is no wider than it is high and all other letters and	678
characters are in proportion.	679

Except as provided in section 2701.09 of the Revised Code,	680
all legal advertisements or notices shall be printed in newspapers	681
~~published in the English language only~~of general circulation and	682
also shall be posted on the state public notice web site created	683
under section 125.182 of the Revised Code, and on a newspaper's	684
internet web site, if the newspaper has one.	685

Sec. 7.11. A proclamation for an election, an order fixing	686
the time of holding court, notice of the rates of taxation, bridge	687
and pike notices, notice to contractors, and such other	688
advertisements of general interest to the taxpayers as the county	689
auditor, county treasurer, probate judge, or board of county	690
commissioners deems proper shall be published in ~~two newspapers~~a	691
newspaper of ~~opposite politics of~~ general circulation, as defined	692
in section ~~5721.01~~7.12 of the Revised Code at the county seat if	693
~~there are such newspapers published thereat. If there are not two~~	694
~~newspapers of opposite politics and of general circulation~~	695
~~published in said county seat, such publication shall be made in~~	696
~~one newspaper published in said county seat and in any other~~	697
~~newspaper of general circulation in said county as defined in~~	698
~~section 5721.01 of the Revised Code, wherever published, without~~	699
~~regard to the politics of such other newspaper~~. In counties having	700
cities of eight thousand inhabitants or more, not the county seat	701
of such counties, additional publication of such notice shall be	702
made in ~~two newspapers~~a newspaper of ~~opposite politics and of~~	703
general circulation ~~in such city~~, as defined in such section, in	704
such city. ~~For purposes of this section, a newspaper independent~~	705
~~in politics is a newspaper of opposite politics to a newspaper of~~	706
~~designated political affiliation. Sections 7.10 to 7.13,~~	707
~~inclusive, of the Revised Code, do not apply to the publication of~~	708
~~notices of delinquent and forfeited land sales.~~	709

The cost of any publication authorized by this section, which	710
isshall be printed in display form, shall be the ~~commercial~~	711
government rate ~~charged~~established by such newspaper under	712
section 7.10 of the Revised Code.	713

Sec. 7.12. (A) Whenever ~~any legal publication~~a state agency	714
or a political subdivision of the state is required by law to be	715
~~made~~make any legal publication in a newspaper ~~published in a~~	716
~~municipal corporation, county, or other political subdivision~~, the	717
newspaper shall ~~also~~ be a newspaper of general circulation ~~in the~~	718
~~municipal corporation, county, or other political subdivision~~,	719
~~without further restriction or limitation upon a selection of the~~	720
~~newspaper to be used. If no newspaper is published in such~~	721
~~municipal corporation, county, or other political subdivision,~~	722
~~such legal publication shall be made in any newspaper of general~~	723
~~circulation therein. If there are less than two newspapers~~	724
~~published in any municipal corporation, county, or other political~~	725
~~subdivision in the manner defined by this section, then any legal~~	726
~~publication required by law to be made in a newspaper published in~~	727
~~a municipal corporation, county, or other political subdivision~~	728
~~may be made in any newspaper regularly issued at stated intervals~~	729
~~from a known office of publication located within the municipal~~	730
~~corporation, county, or other political subdivision. As used in~~	731
~~this section, a known office of publication is a public office~~	732
~~where the business of the newspaper is transacted during the usual~~	733
~~business hours, and such office shall be shown by the publication~~	734
~~itself~~. As used in the Revised Code,	735

~~In addition to all other requirements, a~~"newspaper" or	736
"newspaper of general circulation," except ~~those publications~~	737
daily law journals in existence on or before July 1, 2011, and	738
performing the functions described in section 2701.09 of the	739
Revised Code for a period of ~~one year~~three years immediately	740
preceding any such legal publication required to be made, ~~shall be~~	741
is a publication bearing a title or name,that is regularly issued	742
~~as frequently as~~at least once a week ~~for a definite price or~~	743
~~consideration paid for by not less than fifty per cent of those to~~	744
~~whom distribution is made, having a second class mailing~~	745
~~privilege, being not less than four pages, published continuously~~	746
~~during the immediately preceding one-year period, and circulated~~	747
~~generally in the political subdivision in which it is published.~~	748
~~Such publication must be of a type to which the general public~~	749
~~resorts for passing events of a political, religious, commercial,~~	750
~~and social nature, current happenings, announcements,~~	751
~~miscellaneous reading matter, advertisements, and other notices~~,	752
and that meets all of the following requirements:	753

(1) It is printed in the English language using standard	754
printing methods, being not less than eight pages in the	755
broadsheet format or sixteen pages in the tabloid format.	756

(2) It contains at least twenty-five per cent editorial	757
content, which includes, but is not limited to, local news,	758
political information, and local sports.	759

(3) It has been published continuously for at least three	760
years immediately preceding legal publication by the state agency	761
or political subdivision.	762

(4) The publication has the ability to add subscribers to its	763
distribution list.	764

(5) The publication is circulated generally by United States	765
mail or carrier delivery in the political subdivision responsible	766
for legal publication or in the state, if legal publication is	767
made by a state agency, by proof of the filing of a United States	768
postal service "Statement of Ownership, Management, and	769
Circulation" (PS form 3526) with the local postmaster, or by proof	770
of an independent audit of the publication performed, within the	771
twelve months immediately preceding legal publication.	772

(B) A person who disagrees that a publication is a "newspaper	773
of general circulation" in which legal publication may be made	774
under this section may deliver a written request for mediation to	775
the publisher of the publication and to the court of common pleas	776
of the county in which is located the political subdivision in	777
which the publication is circulated, or in the Franklin county	778
court of common pleas if legal publication is to be made by a	779
state agency. The court of common pleas shall appoint a mediator,	780
and the parties shall follow the procedures of the mediation	781
program operated by the court.	782

Sec. 7.16. (A) If a section of the Revised Code or an	783
administrative rule requires a state agency or a political	784
subdivision of the state to publish a notice or advertisement two	785
or more times in a newspaper of general circulation and the	786
section or administrative rule refers to this section, the first	787
publication of the notice or advertisement shall be made in its	788
entirety in a newspaper of general circulation and may be made in	789
a preprinted insert in the newspaper, but the second publication	790
otherwise required by that section or administrative rule may be	791
made in abbreviated form in a newspaper of general circulation in	792
the state or in the political subdivision, as designated in that	793
section or administrative rule, and on the newspaper's internet	794
web site, if the newspaper has one. The state agency or political	795
subdivision may eliminate any further newspaper publications	796
required by that section or administrative rule, provided that the	797
second, abbreviated notice or advertisement meets all of the	798
following requirements:	799

(1) It is published in the newspaper of general circulation	800
in which the first publication of the notice or advertisement was	801
made and is published on that newspaper's internet web site, if	802
the newspaper has one.	803

(2) It includes a title, followed by a summary paragraph or	804
statement that clearly describes the specific purpose of the	805
notice or advertisement, and includes a statement that the notice	806
or advertisement is posted in its entirety on the state public	807
notice web site established under section 125.182 of the Revised	808
Code. The notice or advertisement also may be posted on the state	809
agency's or political subdivision's internet web site.	810

(3) It includes the internet addresses of the state public	811
notice web site, and of the newspaper's and state agency's or	812
political subdivision's internet web site if the notice or	813
advertisement is posted on those web sites, and the name, address,	814
telephone number, and electronic mail address of the state agency,	815
political subdivision, or other party responsible for publication	816
of the notice or advertisement.	817

(B) A notice or advertisement published under this section on	818
an internet web site shall be published in its entirety in	819
accordance with the section of the Revised Code or the	820
administrative rule that requires the publication.	821

(C) If a state agency or political subdivision does not	822
operate and maintain, or ceases to operate and maintain, an	823
internet web site, and if the state public notice web site	824
established under section 125.182 of the Revised Code is not	825
operational, the state agency or political subdivision shall not	826
publish a notice or advertisement under this section, but instead	827
shall comply with the publication requirements of the section of	828
the Revised Code or the administrative rule that refers to this	829
section.	830

Sec. 9.03. (A) As used in this section, "political	831
subdivision" means any body corporate and politic, except a	832
municipal corporation that has adopted a charter under Section 7	833
of Article XVIII, Ohio Constitution, and except a county that has	834
adopted a charter under Sections 3 and 4 of Article X, Ohio	835
Constitution, to which both of the following apply:	836

(1) It is responsible for governmental activities only in a	837
geographic area smaller than the state.	838

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

839

(B) Except as otherwise provided in division (C) of this	840
section, the governing body of a political subdivision may use	841
public funds to publish and distribute newsletters, or to use any	842
other means, to communicate information about the plans, policies,	843
and operations of the political subdivision to members of the	844
public within the political subdivision and to other persons who	845
may be affected by the political subdivision.	846

(C) Except as otherwise provided in division (A)~~(7)~~(6) of	847
section 340.03 or division (A)(12) of section 340.033 of the	848
Revised Code, no governing body of a political subdivision shall	849
use public funds to do any of the following:	850

(1) Publish, distribute, or otherwise communicate information	851
that does any of the following:	852

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

853

(b) Promotes alcoholic beverages, cigarettes or other tobacco	854
products, or any illegal product, service, or activity;	855

(c) Promotes illegal discrimination on the basis of race,	856
color, religion, national origin, handicap, age, or ancestry;	857

(d) Supports or opposes any labor organization or any action	858
by, on behalf of, or against any labor organization;	859

(e) Supports or opposes the nomination or election of a	860
candidate for public office, the investigation, prosecution, or	861
recall of a public official, or the passage of a levy or bond	862
issue.	863

(2) Compensate any employee of the political subdivision for	864
time spent on any activity to influence the outcome of an election	865
for any of the purposes described in division (C)(1)(e) of this	866
section. Division (C)(2) of this section does not prohibit the use	867
of public funds to compensate an employee of a political	868
subdivision for attending a public meeting to present information	869
about the political subdivision's finances, activities, and	870
governmental actions in a manner that is not designed to influence	871
the outcome of an election or the passage of a levy or bond issue,	872
even though the election, levy, or bond issue is discussed or	873
debated at the meeting.	874

(D) Nothing in this section prohibits or restricts any	875
political subdivision from sponsoring, participating in, or doing	876
any of the following:	877

(1) Charitable or public service advertising that is not	878
commercial in nature;	879

(2) Advertising of exhibitions, performances, programs,	880
products, or services that are provided by employees of a	881
political subdivision or are provided at or through premises owned	882
or operated by a political subdivision;	883

(3) Licensing an interest in a name or mark that is owned or	884
controlled by the political subdivision.	885

(E) As used in this section, "cigarettes" and "tobacco	886
product" have the same meanings as in section 5743.01 of the	887
Revised Code.	888

Sec. 9.06. (A)(1) The department of rehabilitation and	889
correction may contract for the private operation and management	890
pursuant to this section of the initial intensive program prison	891
established pursuant to section 5120.033 of the Revised Code, if	892
one or more intensive program prisons are established under that	893
section, and may contract for the private operation and management	894
of any other facility under this section. Counties and municipal	895
corporations to the extent authorized in sections 307.93, 341.35,	896
753.03, and 753.15 of the Revised Code may contract for the	897
private operation and management of a facility under this section.	898
A contract entered into under this section shall be for an initial	899
term ~~of not more than two years~~specified in the contract with an	900
option to renew for additional periods of two years.	901

(2) The department of rehabilitation and correction, by rule,	902
shall adopt minimum criteria and specifications that a person or	903
entity, other than a person or entity that satisfies the criteria	904
set forth in division (A)(3)(a) of this section and subject to	905
division (I) of this section, must satisfy in order to apply to	906
operate and manage as a contractor pursuant to this section the	907
initial intensive program prison established pursuant to section	908
5120.033 of the Revised Code, if one or more intensive program	909
prisons are established under that section.	910

(3) Subject to division (I) of this section, any person or	911
entity that applies to operate and manage a facility as a	912
contractor pursuant to this section shall satisfy one or more of	913
the following criteria:	914

(a) The person or entity ~~is accredited by the American~~	915
~~correctional association and~~, at the time of the application,	916
operates and manages one or more facilities accredited by the	917
American correctional association.	918

(b) The person or entity satisfies all of the minimum	919
criteria and specifications adopted by the department of	920
rehabilitation and correction pursuant to division (A)(2) of this	921
section, provided that this alternative shall be available only in	922
relation to the initial intensive program prison established	923
pursuant to section 5120.033 of the Revised Code, if one or more	924
intensive program prisons are established under that section.	925

(4) Subject to division (I) of this section, before a public	926
entity may enter into a contract under this section, the	927
contractor shall convincingly demonstrate to the public entity	928
that it can operate the facility with the inmate capacity required	929
by the public entity and provide the services required in this	930
section and realize at least a five per cent savings over the	931
projected cost to the public entity of providing these same	932
services to operate the facility that is the subject of the	933
contract. No out-of-state prisoners may be housed in any facility	934
that is the subject of a contract entered into under this section.	935

(B) Subject to division (I) of this section, any contract	936
entered into under this section shall include all of the	937
following:	938

(1) A requirement that ~~the contractor retain the contractor's~~	939
~~accreditation from the American correctional association~~	940
~~throughout the contract term or~~, if the contractor applied	941
pursuant to division (A)(3)(b) of this section, the contractor	942
continue complying with the applicable criteria and specifications	943
adopted by the department of rehabilitation and correction	944
pursuant to division (A)(2) of this section;	945

(2) A requirement that all of the following conditions be	946
met:	947

(a) The contractor begins the process of accrediting the	948
facility with the American correctional association no later than	949
sixty days after the facility receives its first inmate.	950

(b) The contractor receives accreditation of the facility	951
within twelve months after the date the contractor applies to the	952
American correctional association for accreditation.	953

(c) Once the accreditation is received, the contractor	954
maintains it for the duration of the contract term.	955

(d) If the contractor does not comply with divisions	956
(B)(2)(a) to (c) of this section, the contractor is in violation	957
of the contract, and the public entity may revoke the contract at	958
its discretion.	959

(3) A requirement that the contractor comply with all rules	960
promulgated by the department of rehabilitation and correction	961
that apply to the operation and management of correctional	962
facilities, including the minimum standards for jails in Ohio and	963
policies regarding the use of force and the use of deadly force,	964
although the public entity may require more stringent standards,	965
and comply with any applicable laws, rules, or regulations of the	966
federal, state, and local governments, including, but not limited	967
to, sanitation, food service, safety, and health regulations. The	968
contractor shall be required to send copies of reports of	969
inspections completed by the appropriate authorities regarding	970
compliance with rules and regulations to the director of	971
rehabilitation and correction or the director's designee and, if	972
contracting with a local public entity, to the governing authority	973
of that entity.	974

(4) A requirement that the contractor report for	975
investigation all crimes in connection with the facility to the	976
public entity, to all local law enforcement agencies with	977
jurisdiction over the place at which the facility is located, and,	978
for a crime committed at a state correctional institution, to the	979
state highway patrol;	980

(5) A requirement that the contractor immediately report all	981
escapes from the facility, and the apprehension of all escapees,	982
by telephone and in writing to all local law enforcement agencies	983
with jurisdiction over the place at which the facility is located,	984
to the prosecuting attorney of the county in which the facility is	985
located, to the state highway patrol, to a daily newspaper having	986
general circulation in the county in which the facility is	987
located, and, if the facility is a state correctional institution,	988
to the department of rehabilitation and correction. The written	989
notice may be by either facsimile transmission or mail. A failure	990
to comply with this requirement regarding an escape is a violation	991
of section 2921.22 of the Revised Code.	992

(6) A requirement that, if the facility is a state	993
correctional institution, the contractor provide a written report	994
within specified time limits to the director of rehabilitation and	995
correction or the director's designee of all unusual incidents at	996
the facility as defined in rules promulgated by the department of	997
rehabilitation and correction or, if the facility is a local	998
correctional institution, that the contractor provide a written	999
report of all unusual incidents at the facility to the governing	1000
authority of the local public entity;	1001

(7) A requirement that the contractor maintain proper control	1002
of inmates' personal funds pursuant to rules promulgated by the	1003
department of rehabilitation and correction for state correctional	1004
institutions or pursuant to the minimum standards for jails along	1005
with any additional standards established by the local public	1006
entity for local correctional institutions and that records	1007
pertaining to these funds be made available to representatives of	1008
the public entity for review or audit;	1009

(8) A requirement that the contractor prepare and distribute	1010
to the director of rehabilitation and correction or, if	1011
contracting with a local public entity, to the governing authority	1012
of the local entity annual budget income and expenditure	1013
statements and funding source financial reports;	1014

(9) A requirement that the public entity appoint and	1015
supervise a full-time contract monitor, that the contractor	1016
provide suitable office space for the contract monitor at the	1017
facility, and that the contractor allow the contract monitor	1018
unrestricted access to all parts of the facility and all records	1019
of the facility except the contractor's financial records;	1020

(10) A requirement that if the facility is a state	1021
correctional institution designated department of rehabilitation	1022
and correction staff members be allowed access to the facility in	1023
accordance with rules promulgated by the department;	1024

(11) A requirement that the contractor provide internal and	1025
perimeter security as agreed upon in the contract;	1026

(12) If the facility is a state correctional institution, a	1027
requirement that the contractor impose discipline on inmates	1028
housed in ~~a state correctional institution~~the facility only in	1029
accordance with rules promulgated by the department of	1030
rehabilitation and correction;	1031

(13) A requirement that the facility be staffed at all times	1032
with a staffing pattern approved by the public entity and adequate	1033
both to ensure supervision of inmates and maintenance of security	1034
within the facility and to provide for programs, transportation,	1035
security, and other operational needs. In determining security	1036
needs, the contractor shall be required to consider, among other	1037
things, the proximity of the facility to neighborhoods and	1038
schools.	1039

(14) If the contract is with a local public entity, a	1040
requirement that the contractor provide services and programs,	1041
consistent with the minimum standards for jails promulgated by the	1042
department of rehabilitation and correction under section 5120.10	1043
of the Revised Code;	1044

(15) A clear statement that no immunity from liability	1045
granted to the state, and no immunity from liability granted to	1046
political subdivisions under Chapter 2744. of the Revised Code,	1047
shall extend to the contractor or any of the contractor's	1048
employees;	1049

(16) A statement that all documents and records relevant to	1050
the facility shall be maintained in the same manner required for,	1051
and subject to the same laws, rules, and regulations as apply to,	1052
the records of the public entity;	1053

(17) Authorization for the public entity to impose a fine on	1054
the contractor from a schedule of fines included in the contract	1055
for the contractor's failure to perform its contractual duties or	1056
to cancel the contract, as the public entity considers	1057
appropriate. If a fine is imposed, the public entity may reduce	1058
the payment owed to the contractor pursuant to any invoice in the	1059
amount of the imposed fine.	1060

(18) A statement that all services provided or goods produced	1061
at the facility shall be subject to the same regulations, and the	1062
same distribution limitations, as apply to goods and services	1063
produced at other correctional institutions;	1064

(19) ~~Authorization~~If the facility is a state correctional	1065
institution, authorization for the department to establish one or	1066
more prison industries at athe facility ~~operated and managed by a~~	1067
~~contractor for the department~~;	1068

(20) A requirement that, if the facility is an intensive	1069
program prison established pursuant to section 5120.033 of the	1070
Revised Code, the facility shall comply with all criteria for	1071
intensive program prisons of that type that are set forth in that	1072
section;	1073

(21) If the ~~institution~~facility is a state correctional	1074
institution, a requirement that the contractor provide clothing	1075
for all inmates housed in the facility that is conspicuous in its	1076
color, style, or color and style, that conspicuously identifies	1077
its wearer as an inmate, and that is readily distinguishable from	1078
clothing of a nature that normally is worn outside the facility by	1079
non-inmates, that the contractor require all inmates housed in the	1080
facility to wear the clothing so provided, and that the contractor	1081
not permit any inmate, while inside or on the premises of the	1082
facility or while being transported to or from the facility, to	1083
wear any clothing of a nature that does not conspicuously identify	1084
its wearer as an inmate and that normally is worn outside the	1085
facility by non-inmates.	1086

(C) No contract entered into under this section may require,	1087
authorize, or imply a delegation of the authority or	1088
responsibility of the public entity to a contractor for any of the	1089
following:	1090

(1) Developing or implementing procedures for calculating	1091
inmate release and parole eligibility dates and recommending the	1092
granting or denying of parole, although the contractor may submit	1093
written reports that have been prepared in the ordinary course of	1094
business;	1095

(2) Developing or implementing procedures for calculating and	1096
awarding earned credits, approving the type of work inmates may	1097
perform and the wage or earned credits, if any, that may be	1098
awarded to inmates engaging in that work, and granting, denying,	1099
or revoking earned credits;	1100

(3) For inmates serving a term imposed for a felony offense	1101
committed prior to July 1, 1996, or for a misdemeanor offense,	1102
developing or implementing procedures for calculating and awarding	1103
good time, approving the good time, if any, that may be awarded to	1104
inmates engaging in work, and granting, denying, or revoking good	1105
time;	1106

(4) Classifying an inmate or placing an inmate in a more or a	1107
less restrictive custody than the custody ordered by the public	1108
entity;	1109

(5) Approving inmates for work release;

1110

(6) Contracting for local or long distance telephone services	1111
for inmates or receiving commissions from those services at a	1112
facility that is owned by or operated under a contract with the	1113
department.	1114

(D) A contractor that has been approved to operate a facility	1115
under this section, and a person or entity that enters into a	1116
contract for specialized services, as described in division (I) of	1117
this section, relative to an intensive program prison established	1118
pursuant to section 5120.033 of the Revised Code to be operated by	1119
a contractor that has been approved to operate the prison under	1120
this section, shall provide an adequate policy of insurance	1121
specifically including, but not limited to, insurance for civil	1122
rights claims as determined by a risk management or actuarial firm	1123
with demonstrated experience in public liability for state	1124
governments. The insurance policy shall provide that the state,	1125
including all state agencies, and all political subdivisions of	1126
the state with jurisdiction over the facility or in which a	1127
facility is located are named as insured, and that the state and	1128
its political subdivisions shall be sent any notice of	1129
cancellation. The contractor may not self-insure.	1130

A contractor that has been approved to operate a facility	1131
under this section, and a person or entity that enters into a	1132
contract for specialized services, as described in division (I) of	1133
this section, relative to an intensive program prison established	1134
pursuant to section 5120.033 of the Revised Code to be operated by	1135
a contractor that has been approved to operate the prison under	1136
this section, shall indemnify and hold harmless the state, its	1137
officers, agents, and employees, and any local government entity	1138
in the state having jurisdiction over the facility or ownership of	1139
the facility, shall reimburse the state for its costs in defending	1140
the state or any of its officers, agents, or employees, and shall	1141
reimburse any local government entity of that nature for its costs	1142
in defending the local government entity, from all of the	1143
following:	1144

(1) Any claims or losses for services rendered by the	1145
contractor, person, or entity performing or supplying services in	1146
connection with the performance of the contract;	1147

(2) Any failure of the contractor, person, or entity or its	1148
officers or employees to adhere to the laws, rules, regulations,	1149
or terms agreed to in the contract;	1150

(3) Any constitutional, federal, state, or civil rights claim	1151
brought against the state related to the facility operated and	1152
managed by the contractor;	1153

(4) Any claims, losses, demands, or causes of action arising	1154
out of the contractor's, person's, or entity's activities in this	1155
state;	1156

(5) Any attorney's fees or court costs arising from any	1157
habeas corpus actions or other inmate suits that may arise from	1158
any event that occurred at the facility or was a result of such an	1159
event, or arise over the conditions, management, or operation of	1160
the facility, which fees and costs shall include, but not be	1161
limited to, attorney's fees for the state's representation and for	1162
any court-appointed representation of any inmate, and the costs of	1163
any special judge who may be appointed to hear those actions or	1164
suits.	1165

(E) Private correctional officers of a contractor operating	1166
and managing a facility pursuant to a contract entered into under	1167
this section may carry and use firearms in the course of their	1168
employment only after being certified as satisfactorily completing	1169
an approved training program as described in division (A) of	1170
section 109.78 of the Revised Code.	1171

(F) Upon notification by the contractor of an escape from, or	1172
of a disturbance at, the facility that is the subject of a	1173
contract entered into under this section, the department of	1174
rehabilitation and correction and state and local law enforcement	1175
agencies shall use all reasonable means to recapture escapees or	1176
quell any disturbance. Any cost incurred by the state or its	1177
political subdivisions relating to the apprehension of an escapee	1178
or the quelling of a disturbance at the facility shall be	1179
chargeable to and borne by the contractor. The contractor shall	1180
also reimburse the state or its political subdivisions for all	1181
reasonable costs incurred relating to the temporary detention of	1182
the escapee following recapture.	1183

(G) Any offense that would be a crime if committed at a state	1184
correctional institution or jail, workhouse, prison, or other	1185
correctional facility shall be a crime if committed by or with	1186
regard to inmates at facilities operated pursuant to a contract	1187
entered into under this section.	1188

(H) A contractor operating and managing a facility pursuant	1189
to a contract entered into under this section shall pay any inmate	1190
workers at the facility at the rate approved by the public entity.	1191
Inmates working at the facility shall not be considered employees	1192
of the contractor.	1193

(I) In contracting for the private operation and management	1194
pursuant to division (A) of this section of any intensive program	1195
prison established pursuant to section 5120.033 of the Revised	1196
Code, the department of rehabilitation and correction may enter	1197
into a contract with a contractor for the general operation and	1198
management of the prison and may enter into one or more separate	1199
contracts with other persons or entities for the provision of	1200
specialized services for persons confined in the prison,	1201
including, but not limited to, security or training services or	1202
medical, counseling, educational, or similar treatment programs.	1203
If, pursuant to this division, the department enters into a	1204
contract with a contractor for the general operation and	1205
management of the prison and also enters into one or more	1206
specialized service contracts with other persons or entities, all	1207
of the following apply:	1208

(1) The contract for the general operation and management	1209
shall comply with all requirements and criteria set forth in this	1210
section, and all provisions of this section apply in relation to	1211
the prison operated and managed pursuant to the contract.	1212

(2) Divisions (A)(2), (B), and (C) of this section do not	1213
apply in relation to any specialized services contract, except to	1214
the extent that the provisions of those divisions clearly are	1215
relevant to the specialized services to be provided under the	1216
specialized services contract. Division (D) of this section	1217
applies in relation to each specialized services contract.	1218

(J) If, on or after the effective date of this amendment, a	1219
contractor enters into a contract with the department of	1220
rehabilitation and correction under this section for the operation	1221
and management of any facility described in Section 753.10 of the	1222
act in which this amendment was adopted, if the contract provides	1223
for the sale of the facility to the contractor, if the facility is	1224
sold to the contractor subsequent to the execution of the	1225
contract, and if the contractor is privately operating and	1226
managing the facility, notwithstanding the contractor's private	1227
operation and management of the facility, all of the following	1228
apply:	1229

(1) Except as expressly provided to the contrary in this	1230
section, the facility being privately operated and managed by the	1231
contractor shall be considered for purposes of the Revised Code as	1232
being under the control of, or under the jurisdiction of, the	1233
department of rehabilitation and correction.	1234

(2) Any reference in this section to "state correctional	1235
institution," any reference in Chapter 2967. of the Revised Code	1236
to "state correctional institution," other than the definition of	1237
that term set forth in section 2967.01 of the Revised Code, or to	1238
"prison," and any reference in Chapter 2929., 5120., 5145., 5147.,	1239
or 5149. or any other provision of the Revised Code to "state	1240
correctional institution" or "prison" shall be considered to	1241
include a reference to the facility being privately operated and	1242
managed by the contractor, unless the context makes the inclusion	1243
of that facility clearly inapplicable.	1244

(3) Upon the sale and conveyance of the facility, the	1245
facility shall be returned to the tax list and duplicate	1246
maintained by the county auditor, and the facility shall be	1247
subject to all real property taxes and assessments. No exemption	1248
from real property taxation pursuant to Chapter 5709. of the	1249
Revised Code shall apply to the facility conveyed. The gross	1250
receipts and income of the contractor to whom the facility is	1251
conveyed that are derived from operating and managing the facility	1252
under this section shall be subject to gross receipts and income	1253
taxes levied by the state and its subdivisions, including the	1254
taxes levied pursuant to Chapters 718., 5747., 5748., and 5751. of	1255
the Revised Code. Unless exempted under another section of the	1256
Revised Code, transactions involving a contractor as a consumer or	1257
purchaser are subject to any tax levied under Chapters 5739. and	1258
5741. of the Revised Code.	1259

(4) After the sale and conveyance of the facility, before the	1260
contractor may resell or otherwise transfer the facility and the	1261
real property on which it is situated, any surrounding land that	1262
also was transferred under the contract, or both the facility and	1263
real property on which it is situated plus the surrounding land	1264
that was transferred under the contract, the contractor first must	1265
offer the state the opportunity to repurchase the facility, real	1266
property, and surrounding land that is to be resold or transferred	1267
and must sell the facility, real property, and surrounding land to	1268
the state if the state so desires, pursuant to and in accordance	1269
with the repurchase clause included in the contract.	1270

(K) As used in this section:

1271

(1) "Public entity" means the department of rehabilitation	1272
and correction, or a county or municipal corporation or a	1273
combination of counties and municipal corporations, that has	1274
jurisdiction over a facility that is the subject of a contract	1275
entered into under this section.	1276

(2) "Local public entity" means a county or municipal	1277
corporation, or a combination of counties and municipal	1278
corporations, that has jurisdiction over a jail, workhouse, or	1279
other correctional facility used only for misdemeanants that is	1280
the subject of a contract entered into under this section.	1281

(3) "Governing authority of a local public entity" means, for	1282
a county, the board of county commissioners; for a municipal	1283
corporation, the legislative authority; for a combination of	1284
counties and municipal corporations, all the boards of county	1285
commissioners and municipal legislative authorities that joined to	1286
create the facility.	1287

(4) "Contractor" means a person or entity that enters into a	1288
contract under this section to operate and manage a jail,	1289
workhouse, or other correctional facility.	1290

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

1291

(a) The specific county, multicounty, municipal,	1292
municipal-county, or multicounty-municipal jail, workhouse,	1293
prison, or other type of correctional institution or facility used	1294
only for misdemeanants~~, or a~~that is the subject of a contract	1295
entered into under this section;	1296

(b) Any state correctional institution, that is the subject	1297
of a contract entered into under this section, including any	1298
facility described in Section 753.10 of the act in which this	1299
amendment was adopted at any time prior to or after any sale to a	1300
contractor of the state's right, title, and interest in the	1301
facility, the land situated thereon, and specified surrounding	1302
land.	1303

(6) "Person or entity" in the case of a contract for the	1304
private operation and management of a state correctional	1305
institution, includes an employee organization, as defined in	1306
section 4117.01 of the Revised Code, that represents employees at	1307
state correctional institutions.	1308

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	1309
this section, a governmental entity shall not disburse money	1310
totaling twenty-five thousand dollars or more to any person for	1311
the provision of services for the primary benefit of individuals	1312
or the public and not for the primary benefit of a governmental	1313
entity or the employees of a governmental entity, unless the	1314
contracting authority of the governmental entity first enters into	1315
a written contract with the person that is signed by the person or	1316
by an officer or agent of the person authorized to legally bind	1317
the person and that embodies all of the requirements and	1318
conditions set forth in sections 9.23 to 9.236 of the Revised	1319
Code. If the disbursement of money occurs over the course of a	1320
governmental entity's fiscal year, rather than in a lump sum, the	1321
contracting authority of the governmental entity shall enter into	1322
the written contract with the person at the point during the	1323
governmental entity's fiscal year that at least seventy-five	1324
thousand dollars has been disbursed by the governmental entity to	1325
the person. Thereafter, the contracting authority of the	1326
governmental entity shall enter into the written contract with the	1327
person at the beginning of the governmental entity's fiscal year,	1328
if, during the immediately preceding fiscal year, the governmental	1329
entity disbursed to that person an aggregate amount totaling at	1330
least seventy-five thousand dollars.	1331

(2) If the money referred to in division (A)(1) of this	1332
section is disbursed by or through more than one state agency to	1333
the person for the provision of services to the same population,	1334
the contracting authorities of those agencies shall determine	1335
which one of them will enter into the written contract with the	1336
person.	1337

(3) The requirements and conditions set forth in divisions	1338
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	1339
and (B) of section 9.234, divisions (A)(2) and (B) of section	1340
9.235, and sections 9.233 and 9.236 of the Revised Code do not	1341
apply with respect to the following:	1342

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

1343

(i) The amount received for the services is a set fee for	1344
each time the services are provided, is determined in accordance	1345
with a fixed rate per unit of time or per service, or is a	1346
capitated rate, and the fee or rate is established by competitive	1347
bidding or by a market rate survey of similar services provided in	1348
a defined market area. The market rate survey may be one conducted	1349
by or on behalf of the governmental entity or an independent	1350
survey accepted by the governmental entity as statistically valid	1351
and reliable.	1352

(ii) The services are provided in accordance with standards	1353
established by state or federal law, or by rules or regulations	1354
adopted thereunder, for their delivery, which standards are	1355
enforced by the federal government, a governmental entity, or an	1356
accrediting organization recognized by the federal government or a	1357
governmental entity.	1358

(iii) Payment for the services is made after the services are	1359
delivered and upon submission to the governmental entity of an	1360
invoice or other claim for payment as required by any applicable	1361
local, state, or federal law or, if no such law applies, by the	1362
terms of the contract.	1363

(b) Contracts under which the services are reimbursed through	1364
or in a manner consistent with a federal program that meets all of	1365
the following requirements:	1366

(i) The program calculates the reimbursement rate on the	1367
basis of the previous year's experience or in accordance with an	1368
alternative method set forth in rules adopted by the Ohio	1369
department of job and family services.	1370

(ii) The reimbursement rate is derived from a breakdown of	1371
direct and indirect costs.	1372

(iii) The program's guidelines describe types of expenditures	1373
that are allowable and not allowable under the program and	1374
delineate which costs are acceptable as direct costs for purposes	1375
of calculating the reimbursement rate.	1376

(iv) The program includes a uniform cost reporting system	1377
with specific audit requirements.	1378

(c) Contracts under which the services are reimbursed through	1379
or in a manner consistent with a federal program that calculates	1380
the reimbursement rate on a fee for service basis in compliance	1381
with United States office of management and budget Circular A-87,	1382
as revised May 10, 2004.	1383

(d) Contracts for services that are paid pursuant to the	1384
earmarking of an appropriation made by the general assembly for	1385
that purpose.	1386

(B) Division (A) of this section does not apply if the money	1387
is disbursed to a person pursuant to a contract with the United	1388
States or a governmental entity under any of the following	1389
circumstances:	1390

(1) The person receives the money directly or indirectly from	1391
the United States, and no governmental entity exercises any	1392
oversight or control over the use of the money.	1393

(2) The person receives the money solely in return for the	1394
performance of one or more of the following types of services:	1395

(a) Medical, therapeutic, or other health-related services	1396
provided by a person if the amount received is a set fee for each	1397
time the person provides the services, is determined in accordance	1398
with a fixed rate per unit of time, or is a capitated rate, and	1399
the fee or rate is reasonable and customary in the person's trade	1400
or profession;	1401

(b) Medicaid-funded services, including administrative and	1402
management services, provided pursuant to a contract or medicaid	1403
provider agreement that meets the requirements of the medicaid	1404
program established under Chapter 5111. of the Revised Code.	1405

(c) Services, other than administrative or management	1406
services or any of the services described in division (B)(2)(a) or	1407
(b) of this section, that are commonly purchased by the public at	1408
an hourly rate or at a set fee for each time the services are	1409
provided, unless the services are performed for the benefit of	1410
children, persons who are eligible for the services by reason of	1411
advanced age, medical condition, or financial need, or persons who	1412
are confined in a detention facility as defined in section 2921.01	1413
of the Revised Code, and the services are intended to help promote	1414
the health, safety, or welfare of those children or persons;	1415

(d) Educational services provided by a school to children	1416
eligible to attend that school. For purposes of division (B)(2)(d)	1417
of this section, "school" means any school operated by a school	1418
district board of education, any community school established	1419
under Chapter 3314. of the Revised Code, or any nonpublic school	1420
for which the state board of education prescribes minimum	1421
education standards under section 3301.07 of the Revised Code.	1422

(e) Services provided by a foster home as defined in section	1423
5103.02 of the Revised Code;	1424

(f) "Routine business services other than administrative or	1425
management services," as that term is defined by the attorney	1426
general by rule adopted in accordance with Chapter 119. of the	1427
Revised Code;	1428

(g) Services to protect the environment or promote	1429
environmental education that are provided by a nonprofit entity or	1430
services to protect the environment that are funded with federal	1431
grants or revolving loan funds and administered in accordance with	1432
federal law;	1433

~~(h) Services, including administrative and management~~	1434
~~services, provided under the children's buy-in program established~~	1435
~~under sections 5101.5211 to 5101.5216 of the Revised Code~~.	1436

(3) The person receives the money solely in return for the	1437
performance of services intended to help preserve public health or	1438
safety under circumstances requiring immediate action as a result	1439
of a natural or man-made emergency.	1440

(C) With respect to a nonprofit association, corporation, or	1441
organization established for the purpose of providing educational,	1442
technical, consulting, training, financial, or other services to	1443
its members in exchange for membership dues and other fees, any of	1444
the services provided to a member that is a governmental entity	1445
shall, for purposes of this section, be considered services "for	1446
the primary benefit of a governmental entity or the employees of a	1447
governmental entity.	1448

Sec. 9.24. (A) Except as may be allowed under division (F) of	1449
this section, no state agency and no political subdivision shall	1450
award a contract as described in division (G)(1) of this section	1451
for goods, services, or construction, paid for in whole or in part	1452
with state funds, to a person against whom a finding for recovery	1453
has been issued by the auditor of state on and after January 1,	1454
2001, if the finding for recovery is unresolved.	1455

A contract is considered to be awarded when it is entered	1456
into or executed, irrespective of whether the parties to the	1457
contract have exchanged any money.	1458

(B) For purposes of this section, a finding for recovery is	1459
unresolved unless one of the following criteria applies:	1460

(1) The money identified in the finding for recovery is paid	1461
in full to the state agency or political subdivision to whom the	1462
money was owed;	1463

(2) The debtor has entered into a repayment plan that is	1464
approved by the attorney general and the state agency or political	1465
subdivision to whom the money identified in the finding for	1466
recovery is owed. A repayment plan may include a provision	1467
permitting a state agency or political subdivision to withhold	1468
payment to a debtor for goods, services, or construction provided	1469
to or for the state agency or political subdivision pursuant to a	1470
contract that is entered into with the debtor after the date the	1471
finding for recovery was issued.	1472

(3) The attorney general waives a repayment plan described in	1473
division (B)(2) of this section for good cause;	1474

(4) The debtor and state agency or political subdivision to	1475
whom the money identified in the finding for recovery is owed have	1476
agreed to a payment plan established through an enforceable	1477
settlement agreement.	1478

(5) The state agency or political subdivision desiring to	1479
enter into a contract with a debtor certifies, and the attorney	1480
general concurs, that all of the following are true:	1481

(a) Essential services the state agency or political	1482
subdivision is seeking to obtain from the debtor cannot be	1483
provided by any other person besides the debtor;	1484

(b) Awarding a contract to the debtor for the essential	1485
services described in division (B)(5)(a) of this section is in the	1486
best interest of the state;	1487

(c) Good faith efforts have been made to collect the money	1488
identified in the finding of recovery.	1489

(6) The debtor has commenced an action to contest the finding	1490
for recovery and a final determination on the action has not yet	1491
been reached.	1492

(C) The attorney general shall submit an initial report to	1493
the auditor of state, not later than December 1, 2003, indicating	1494
the status of collection for all findings for recovery issued by	1495
the auditor of state for calendar years 2001, 2002, and 2003.	1496
Beginning on January 1, 2004, the attorney general shall submit to	1497
the auditor of state, on the first day of every January, April,	1498
July, and October, a list of all findings for recovery that have	1499
been resolved in accordance with division (B) of this section	1500
during the calendar quarter preceding the submission of the list	1501
and a description of the means of resolution. The attorney general	1502
shall notify the auditor of state when a judgment is issued	1503
against an entity described in division (F)(1) of this section.	1504

(D) The auditor of state shall maintain a database,	1505
accessible to the public, listing persons against whom an	1506
unresolved finding for recovery has been issued, and the amount of	1507
the money identified in the unresolved finding for recovery. The	1508
auditor of state shall have this database operational on or before	1509
January 1, 2004. The initial database shall contain the	1510
information required under this division for calendar years 2001,	1511
2002, and 2003.	1512

Beginning January 15, 2004, the auditor of state shall update	1513
the database by the fifteenth day of every January, April, July,	1514
and October to reflect resolved findings for recovery that are	1515
reported to the auditor of state by the attorney general on the	1516
first day of the same month pursuant to division (C) of this	1517
section.	1518

(E) Before awarding a contract as described in division	1519
(G)(1) of this section for goods, services, or construction, paid	1520
for in whole or in part with state funds, a state agency or	1521
political subdivision shall verify that the person to whom the	1522
state agency or political subdivision plans to award the contract	1523
has no unresolved finding for recovery issued against the person.	1524
A state agency or political subdivision shall verify that the	1525
person does not appear in the database described in division (D)	1526
of this section or shall obtain other proof that the person has no	1527
unresolved finding for recovery issued against the person.	1528

(F) The prohibition of division (A) of this section and the	1529
requirement of division (E) of this section do not apply with	1530
respect to the companies, payments, or agreements described in	1531
divisions (F)(1) and (2) of this section, or in the circumstance	1532
described in division (F)(3) of this section.	1533

(1) A bonding company or a company authorized to transact the	1534
business of insurance in this state, a self-insurance pool, joint	1535
self-insurance pool, risk management program, or joint risk	1536
management program, unless a court has entered a final judgment	1537
against the company and the company has not yet satisfied the	1538
final judgment.	1539

(2) To medicaid provider agreements under Chapter 5111. of	1540
the Revised Code ~~or payments or provider agreements under the~~	1541
~~children's buy-in program established under sections 5101.5211 to~~	1542
~~5101.5216 of the Revised Code~~.	1543

(3) When federal law dictates that a specified entity provide	1544
the goods, services, or construction for which a contract is being	1545
awarded, regardless of whether that entity would otherwise be	1546
prohibited from entering into the contract pursuant to this	1547
section.	1548

(G)(1) This section applies only to contracts for goods,	1549
services, or construction that satisfy the criteria in either	1550
division (G)(1)(a) or (b) of this section. This section may apply	1551
to contracts for goods, services, or construction that satisfy the	1552
criteria in division (G)(1)(c) of this section, provided that the	1553
contracts also satisfy the criteria in either division (G)(1)(a)	1554
or (b) of this section.	1555

(a) The cost for the goods, services, or construction	1556
provided under the contract is estimated to exceed twenty-five	1557
thousand dollars.	1558

(b) The aggregate cost for the goods, services, or	1559
construction provided under multiple contracts entered into by the	1560
particular state agency and a single person or the particular	1561
political subdivision and a single person within the fiscal year	1562
preceding the fiscal year within which a contract is being entered	1563
into by that same state agency and the same single person or the	1564
same political subdivision and the same single person, exceeded	1565
fifty thousand dollars.	1566

(c) The contract is a renewal of a contract previously	1567
entered into and renewed pursuant to that preceding contract.	1568

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

1569

(H) As used in this section:

1570

(1) "State agency" has the same meaning as in section 9.66 of	1571
the Revised Code.	1572

(2) "Political subdivision" means a political subdivision as	1573
defined in section 9.82 of the Revised Code that has received more	1574
than fifty thousand dollars of state money in the current fiscal	1575
year or the preceding fiscal year.	1576

(3) "Finding for recovery" means a determination issued by	1577
the auditor of state, contained in a report the auditor of state	1578
gives to the attorney general pursuant to section 117.28 of the	1579
Revised Code, that public money has been illegally expended,	1580
public money has been collected but not been accounted for, public	1581
money is due but has not been collected, or public property has	1582
been converted or misappropriated.	1583

(4) "Debtor" means a person against whom a finding for	1584
recovery has been issued.	1585

(5) "Person" means the person named in the finding for	1586
recovery.	1587

(6) "State money" does not include funds the state receives	1588
from another source and passes through to a political subdivision.	1589

Sec. 9.312. (A) If a state agency or political subdivision	1590
is required by law or by an ordinance or resolution adopted under	1591
division ~~(C)~~(F) of this section to award a contract to the lowest	1592
responsive and responsible bidder, a bidder on the contract shall	1593
be considered responsive if the bidder's proposal responds to bid	1594
specifications in all material respects and contains no	1595
irregularities or deviations from the specifications which would	1596
affect the amount of the bid or otherwise give the bidder a	1597
competitive advantage. ~~The~~	1598

(B) A state agency or political subdivision described in	1599
division (A) of this section may prequalify bidders as responsible	1600
bidders for each construction trade prior to requesting bids for a	1601
project and may disqualify a contractor the state agency or	1602
political subdivision determines is a nonresponsible bidder prior	1603
to requesting bids in accordance with rules adopted under section	1604
153.503 of the Revised Code.	1605

The factors that the state agency or political subdivision	1606
shall consider in determining whether a bidder on the contract is	1607
responsible include the experience of the bidder, the bidder's	1608
financial condition, conduct and performance on previous	1609
contracts, facilities, management skills, and ability to execute	1610
the contract properly. In addition to the factors a state agency	1611
or political subdivision is required to consider under this	1612
division, a state agency or political subdivision may include,	1613
either in the bid specification or through a bidder	1614
prequalification process, the following requirements to determine	1615
whether a bidder is to be considered the lowest responsive and	1616
responsible bidder:	1617

(1) That no final unsatisfied judgment exists against the	1618
bidder in excess of a percentage of the bid amount of the project	1619
for which the bid is submitted as specified by the state agency or	1620
political subdivision;	1621

(2) That the bidder for a specified trade will not	1622
subcontract more than a percentage of the amount bid for the	1623
contract as specified by the state agency or political	1624
subdivision, and the bidder lists the names of any subcontractors	1625
the bidder intends to use for the project;	1626

(3) That the bidder in a particular trade is licensed by the	1627
Ohio construction industry licensing board, as required under	1628
Chapter 4740. of the Revised Code, is licensed by the state fire	1629
marshal pursuant to section 3737.65 of the Revised Code, or is	1630
licensed to perform that trade by another jurisdiction, and that	1631
license has not been revoked within a period of time specified by	1632
the state agency or political subdivision;	1633

(4) That the bidder in a particular trade will employ on the	1634
project supervisory personnel who have at least the number of	1635
years of experience in the particular trade as specified by the	1636
state agency or political subdivision;	1637

(5) That the bidder in a specified trade employs only	1638
personnel who have graduated from or are currently enrolled in an	1639
apprenticeship program approved by the state or the federal	1640
government or a career technical program or who have at least the	1641
specified number of years of experience in the particular trade,	1642
as specified by the state agency or political subdivision;	1643

(6) That the bidder has implemented a safety program that is	1644
in compliance with the guidelines established by the federal	1645
occupational safety and health administration;	1646

(7) That the bidder provides documentation demonstrating that	1647
the bidder is in compliance with the requirements of section	1648
153.03 of the Revised Code;	1649

(8) If applicable, that the bidder does not have an	1650
experience modification rating greater than the level specified by	1651
the state agency or political subdivision with respect to the	1652
bidder's coverage under Chapter 4121., 4123., 4127., or 4131. of	1653
the Revised Code.	1654

(C) A state agency or political subdivision may include in	1655
the state agency's or political subdivision's bid specifications	1656
or prequalification process a percentage of difference between the	1657
bid made by the apparent low bidder and the next lowest bid that	1658
will require the apparent low bidder to submit additional	1659
information in order to be awarded the contract. If, after opening	1660
all of the bids, the state agency or political subdivision	1661
determines that the bid submitted by the apparent low bidder is	1662
more than that percentage in relation to the bid of the next	1663
lowest bidder, the state agency or political subdivision shall	1664
require the apparent low bidder to list a specified number of	1665
similar contracts for prior projects. The cost of each prior	1666
contract included in the list shall fall within a specified	1667
percentage of the estimated cost for the project for which the	1668
apparent low bidder submitted the bid, and each contract included	1669
in the list shall have been completed successfully by the apparent	1670
low bidder not more than a specified number of years prior to the	1671
current bid.	1672

(D) For purposes of divisions (A) and (B) of this ~~division~~	1673
section, the provision of a bid guaranty in accordance with	1674
divisions (A)(1) and (B) of section 153.54 of the Revised Code	1675
issued by a surety licensed to do business in this state is	1676
evidence of financial responsibility, but a state agency or	1677
political subdivision described in division (A) of this section	1678
may request additional financial information for review from an	1679
apparent low bidder after it opens all submitted bids. A state	1680
agency or political subdivision shall keep additional financial	1681
information it receives pursuant to a request under this division	1682
confidential, except under proper order of a court. The additional	1683
financial information is not a public record under section 149.43	1684
of the Revised Code.	1685

An(E) A bidder that does not satisfy prequalification	1686
requirements established by a state agency or political	1687
subdivision under this section, or an apparent low bidder found	1688
not to be responsive and responsible shall be notified by the	1689
state agency or political subdivision of that finding and the	1690
reasons for it. Except for contracts awarded by the department of	1691
administrative services pursuant to section 125.11 of the Revised	1692
Code, the notification shall be given in writing and by certified	1693
mail. When awarding contracts pursuant to section 125.11 of the	1694
Revised Code, the department may send such notice in writing by	1695
first class mail.	1696

~~(B) Where~~If a state agency or a political subdivision that	1697
has adopted an ordinance or resolution under division ~~(C)~~(F) of	1698
this section determines to award a contract to a bidder other than	1699
the apparent low bidder or bidders for the construction,	1700
reconstruction, improvement, enlargement, alteration, repair,	1701
painting, or decoration of a public improvement, it shall meet	1702
with the apparent low bidder or bidders upon a filing of a timely	1703
written protest. The protest must be received within five days of	1704
the notification required in division ~~(A)~~(E) of this section. No	1705
final award shall be made until the state agency or political	1706
subdivision either affirms or reverses its earlier determination.	1707
Notwithstanding any other provisions of the Revised Code, the	1708
procedure described in this division is not subject to Chapter	1709
119. of the Revised Code.	1710

~~(C)~~(F) A municipal corporation, township, school district,	1711
board of county commissioners, any other county board or	1712
commission, or any other political subdivision required by law to	1713
award contracts by competitive bidding may by ordinance or	1714
resolution adopt a policy of requiring each competitively bid	1715
contract it awards to be awarded to the lowest responsive and	1716
responsible bidder in accordance with this section.	1717

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

1718

(1) "Contracting authority" has the same meaning as in	1719
section 307.92 of the Revised Code.	1720

(2) "Political subdivision" means a municipal corporation,	1721
township, county, school district, or other body corporate and	1722
politic responsible for governmental activities only in geographic	1723
areas smaller than that of the state and also includes a	1724
contracting authority.	1725

(3) "Reverse auction" means a purchasing process in which	1726
offerors submit proposals in competing to sell services or	1727
supplies in an open environment via the internet.	1728

(4) "Services" means the furnishing of labor, time, or effort	1729
by a person, not involving the delivery of a specific end product	1730
other than a report which, if provided, is merely incidental to	1731
the required performance. "Services" does not include services	1732
furnished pursuant to employment agreements or collective	1733
bargaining agreements.	1734

(5) "Supplies" means all property, including, but not limited	1735
to, equipment, materials, other tangible assets, and insurance,	1736
but excluding real property or interests in real property.	1737

(B)~~(1)~~ Whenever any political subdivision determines that the	1738
use of a reverse auction is advantageous to the political	1739
subdivision, the political subdivision, in accordance with this	1740
section and rules the political subdivision shall adopt, may	1741
purchase services or supplies by reverse auction. The services or	1742
supplies purchased by reverse auction may include	1743

~~(2) A political subdivision shall not purchase supplies or~~	1744
~~services by reverse auction if the contract concerns~~ the design,	1745
construction, alteration, repair, reconstruction, or demolition of	1746
a building, highway, road, street, alley, drainage system, water	1747
system, waterworks, ditch, sewer, sewage disposal plant, or any	1748
other structure or works of any kind.	1749

(C) A political subdivision shall solicit proposals through a	1750
request for proposals. The request for proposals shall state the	1751
relative importance of price and other evaluation factors. The	1752
political subdivision shall give notice of the request for	1753
proposals in accordance with the rules it adopts.	1754

(D) As provided in the request for proposals and in the rules	1755
a political subdivision adopts, and to ensure full understanding	1756
of and responsiveness to solicitation requirements, the political	1757
subdivision may conduct discussions with responsible offerors who	1758
submit proposals determined to be reasonably susceptible of being	1759
selected for award. The political subdivision shall accord	1760
offerors fair and equal treatment with respect to any opportunity	1761
for discussion regarding any clarification, correction, or	1762
revision of their proposals.	1763

(E) A political subdivision may award a contract to the	1764
offeror whose proposal the political subdivision determines to be	1765
the most advantageous to the political subdivision, taking into	1766
consideration factors such as price and the evaluation criteria	1767
set forth in the request for proposals. The contract file shall	1768
contain the basis on which the award is made.	1769

(F) The rules that a political subdivision adopts under this	1770
section may require the provision of a performance bond, or	1771
another similar form of financial security, in the amount and in	1772
the form specified in the rules.	1773

(G) If a political subdivision is required by law to purchase	1774
services or supplies by competitive sealed bidding or competitive	1775
sealed proposals, a purchase made by reverse auction satisfies	1776
that requirement.	1777

Sec. 9.33. As used in sections 9.33 to ~~9.333~~9.336 of the	1778
Revised Code:	1779

(A) "Construction manager" means a person with substantial	1780
discretion and authority to plan, coordinate, manage, and direct	1781
all phases of a project for the construction, demolition,	1782
alteration, repair, or reconstruction of any public building,	1783
structure, or other improvement, but does not mean the person who	1784
provides the professional design services or who actually performs	1785
the construction, demolition, alteration, repair, or	1786
reconstruction work on the project.	1787

(B)(1) "Construction manager at risk" means a person with	1788
substantial discretion and authority to plan, coordinate, manage,	1789
direct, and construct all phases of a project for the	1790
construction, demolition, alteration, repair, or reconstruction of	1791
any public building, structure, or other improvement and who	1792
provides the public authority a guaranteed maximum price as	1793
determined in section 9.334 of the Revised Code.	1794

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

1795

(a) "Construct" includes performing, or subcontracting for	1796
performing, construction, demolition, alteration, repair, or	1797
reconstruction.	1798

(b) "Manage" includes approving bidders and awarding	1799
subcontracts for furnishing materials regarding, or for	1800
performing, construction, demolition, alteration, repair, or	1801
reconstruction.	1802

(C) "Construction management contract" means a contract	1803
between a public authority and another person obligating the	1804
person to provide construction management services.	1805

(D) "Construction management services" or "management	1806
services" means the range of services that either a construction	1807
manager or a construction manager at risk may provide.	1808

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

1809

(1) Competence to perform the required management services as	1810
indicated by the technical training, education, and experience of	1811
the construction manager's or construction manager at risk's	1812
personnel, especially the technical training, education, and	1813
experience of the construction manager's or construction manager	1814
at risk's employees who would be assigned to perform the services;	1815

(2) Ability in terms of workload and the availability of	1816
qualified personnel, equipment, and facilities to perform the	1817
required management services competently and expeditiously;	1818

(3) Past performance as reflected by the evaluations of	1819
previous clients with respect to factors such as control of costs,	1820
quality of work, and meeting of deadlines;	1821

(4) Financial responsibility as evidenced by the capability	1822
to provide a letter of credit pursuant to Chapter 1305. of the	1823
Revised Code, a surety bond, certified check, or cashier's check	1824
in an amount equal to the value of the construction management	1825
contract, or by other means acceptable to the public ~~owner~~	1826
authority;	1827

(5) Other similar factors.

1828

~~(C)~~(F)(1) "Public ~~owner~~authority" means the state, orany	1829
state institution of higher education as defined in section	1830
3345.011 of the Revised Code, any county, township, municipal	1831
corporation, school district, or other political subdivision, or	1832
any public agency, authority, board, commission, instrumentality,	1833
or special purpose district of the state or of a political	1834
subdivision.	1835

(2) "Public authority" does not include the Ohio turnpike	1836
commission.	1837

(G) "Open book pricing method" means a method in which a	1838
construction manager at risk provides the public authority, at the	1839
public authority's request, all books, records, documents, and	1840
other data in its possession, other than trade secrets, pertaining	1841
to the bidding, pricing, or performance of a construction	1842
management contract awarded to the construction manager at risk.	1843

Sec. 9.331. (A) Before entering into a contract to employ a	1844
construction manager or construction manager at risk, a public	1845
~~owner~~authority shall advertise, in a newspaper of general	1846
circulation in the county where the contract is to be performed,	1847
and may advertise by electronic means pursuant to rules adopted by	1848
public authority, notice of its intent to employ a construction	1849
manager or construction manager at risk. The notice shall invite	1850
interested parties to submit proposals for consideration and shall	1851
be published at least thirty days prior to the date for accepting	1852
the proposals. The public ~~owner~~authority also may advertise the	1853
information contained in the notice in appropriate trade journals	1854
and otherwise notify persons believed to be interested in	1855
employment as a construction manager or construction manager at	1856
risk.	1857

(B) The advertisement shall include a general description of	1858
the project, a statement of the specific management services	1859
required, and a description of the qualifications required for the	1860
project. The public authority shall also include in the	1861
advertisement a statement of intent of the public authority to	1862
delegate specific authority to, or require a guaranteed maximum	1863
price from, the selected construction manager at risk.	1864

Sec. 9.332. ~~For every construction management contract, the~~	1865
Every public ~~owner~~authority planning to contract for construction	1866
management services with a construction manager shall evaluate the	1867
proposals submitted and may hold discussions with individual	1868
construction managers to explore further their proposals, the	1869
scope and nature of the services they would provide, and the	1870
various technical approaches they may take regarding the project.	1871
Following this evaluation, the public ~~owner~~authority shall:	1872

(A) Select and rank no fewer than three construction managers	1873
that it considers to be the most qualified to provide the required	1874
construction management services, except when the public ~~owner~~	1875
authority determines in writing that fewer than three qualified	1876
construction managers are available in which case it shall select	1877
and rank them;	1878

(B) Negotiate a contract with the construction manager ranked	1879
most qualified to perform the required services at a compensation	1880
determined in writing to be fair and reasonable. Contract	1881
negotiations shall be directed toward:	1882

(1) Ensuring that the construction manager and the public	1883
~~owner~~authority have a mutual understanding of the essential	1884
requirements involved in providing the required services;	1885

(2) Determining that the construction manager will make	1886
available the necessary personnel, equipment, and facilities to	1887
perform the services within the required time.	1888

(C) Upon failure to negotiate a contract with the	1889
construction manager ranked most qualified, the public ~~owner~~	1890
authority shall inform the construction manager in writing of the	1891
termination of negotiations and enter into negotiations with the	1892
construction manager ranked next most qualified. If negotiations	1893
again fail, the same procedure ~~shall~~may be followed with each	1894
next most qualified construction manager selected and ranked	1895
pursuant to division (A) of this section, in order of ranking,	1896
until a contract is negotiated.	1897

(D) If the public ~~owner~~authority fails to negotiate a	1898
contract with any of the construction managers selected pursuant	1899
to division (A) of this section, the public ~~owner shall~~authority	1900
may select and rank additional construction managers, based on	1901
their qualifications, and negotiations ~~shall~~may continue as with	1902
the construction managers selected and ranked initially until a	1903
contract is negotiated.	1904

(E) Nothing in this section affects a public authority's	1905
right to accept or reject any or all proposals in whole or in	1906
part.	1907

Sec. 9.333. (A) No public ~~owner~~authority shall enter into a	1908
construction management contract with a construction manager	1909
unless the construction manager provides a letter of credit	1910
pursuant to Chapter 1305. of the Revised Code, a surety bond	1911
pursuant to sections 153.54 and 153.57 of the Revised Code, a	1912
certified check or cashier's check in an amount equal to the value	1913
of the construction management contract for the project, or	1914
provides other reasonable financial assurance of a nature and in	1915
an amount satisfactory to the ~~owner~~public authority. The public	1916
~~owner~~authority may waive this requirement for good cause.	1917

(B) Before construction begins pursuant to a construction	1918
management contract with a construction manager at risk, the	1919
construction manager at risk shall provide a surety bond to the	1920
public authority in accordance with rules adopted by the director	1921
of administrative services under Chapter 119. of the Revised Code.	1922

Sec. 9.334. (A) A public authority described in section	1923
153.01 of the Revised Code that is an owner shall not contract for	1924
construction management contracts with a construction manager at	1925
risk unless the public authority is certified by the state	1926
architect as eligible to enter into such contracts under the	1927
program established pursuant to section 153.503 of the Revised	1928
Code.	1929

A public authority described in section 153.01 of the Revised	1930
Code that is not an owner may seek to be certified by the state	1931
architect.	1932

(B) Every public authority planning to contract for	1933
construction management services with a construction manager at	1934
risk shall evaluate the proposals submitted and select not fewer	1935
than three construction managers at risk the public authority	1936
considers to be the most qualified to provide the required	1937
construction management services, except that the public authority	1938
shall select and rank fewer than three when the public authority	1939
determines in writing that fewer than three qualified construction	1940
managers at risk are available.	1941

(C) The public authority shall provide each construction	1942
manager at risk selected under division (B) of this section with a	1943
description of the project, including a statement of available	1944
design detail, a description of how the guaranteed maximum price	1945
for the project shall be determined, including the estimated level	1946
of design detail upon which the guaranteed maximum price shall be	1947
based, the form of the construction management contract, and a	1948
request for a pricing proposal.	1949

(D) The pricing proposal of each construction manager at risk	1950
shall include at least the following regarding the construction	1951
manager at risk:	1952

(1) A list of key personnel for the project and the	1953
construction manager at risk's staffing chart;	1954

(2) A statement of the general conditions and contingency	1955
requirements;	1956

(3) A fee proposal divided into a preconstruction fee, a	1957
construction fee, and the portion of the construction fee to be at	1958
risk in a guaranteed maximum price.	1959

(E) The public authority shall evaluate the submitted pricing	1960
proposals and may hold discussions with individual construction	1961
managers at risk to explore their proposals further, including the	1962
scope and nature of the proposed services and potential technical	1963
approaches.	1964

(F) After evaluating the pricing proposals, the public	1965
authority shall rank the selected construction managers at risk	1966
based on its evaluation of the value of each pricing proposal,	1967
with such evaluation considering the proposed cost and	1968
qualifications.	1969

(G) The public authority shall enter into negotiations for a	1970
construction management contract with the construction manager at	1971
risk whose pricing proposal the public authority determines to be	1972
the best value under division (F) of this section. Contract	1973
negotiations shall be directed toward:	1974

(1) Ensuring that the construction manager at risk and the	1975
public authority mutually understand the essential requirements	1976
involved in providing the required construction management	1977
services, including the provisions for the use of contingency	1978
funds;	1979

(2) Ensuring that the construction manager at risk will be	1980
able to provide the necessary personnel, equipment, and facilities	1981
to perform the construction management services within the time	1982
required by the construction management contract;	1983

(3) Agreeing that the construction management contract will	1984
not provide for any bonus or other additional compensation to be	1985
paid to the construction manager at risk for completing the	1986
project by a specified date or achieving savings in the final	1987
costs of the project;	1988

(4) Agreeing upon a procedure and schedule for determining a	1989
guaranteed maximum price using an open book pricing method that	1990
shall represent the total maximum amount to be paid by the public	1991
authority to the construction manager at risk for the project and	1992
that shall include the costs of all the work, the cost of its	1993
general conditions, the contingency, the fee payable to the	1994
construction manager at risk, and that shall permit adjustment of	1995
the guaranteed maximum price in the event of increased costs,	1996
including reasonable overhead and profit, related to matters that	1997
are not in the control of the construction manager at risk or the	1998
subcontractors.	1999

(H)(1) If the public authority fails to negotiate a	2000
construction management contract with the construction manager at	2001
risk whose pricing proposal the public authority determines to be	2002
the best value under division (F) of this section, the public	2003
authority shall inform the construction manager at risk, in	2004
writing, of the termination of negotiations.	2005

(2) Upon terminating negotiations, the public authority may	2006
enter into negotiations as provided in this section with the	2007
construction manager at risk that the public authority ranked next	2008
highest under division (F) of this section. If negotiations fail,	2009
the public authority may enter into negotiations as provided in	2010
this section with the construction manager at risk the public	2011
authority ranked next highest under division (F) of this section.	2012

(3) If a public authority fails to negotiate a construction	2013
management contract with a construction manager at risk whose	2014
pricing proposal the public authority determines to be the best	2015
value under division (F) of this section, the public authority may	2016
select additional construction managers at risk to provide pricing	2017
proposals to the public authority pursuant to this section or may	2018
select an alternative delivery method for the project.	2019

(I) If the public authority and construction manager at risk	2020
fail to agree on a guaranteed maximum price, nothing in this	2021
section shall prohibit the public authority from allowing the	2022
construction manager at risk to provide the management services	2023
that a construction manager is authorized to provide.	2024

(J) Nothing in this section affects a public authority's	2025
right to accept or reject any or all proposals in whole or in	2026
part.	2027

Sec. 9.335. (A) A public authority may delegate to a	2028
construction manager at risk any of the duties, authorities,	2029
rights, and responsibilities of the public authority for a project	2030
under such terms of indemnity and recourse against the	2031
construction manager at risk as the public authority determines	2032
appropriate. Those duties, authorities, rights, and	2033
responsibilities include all of the following:	2034

(1) Project design;

2035

(2) Project scheduling;

2036

(3) Bidding for the work on the project;

2037

(4) Awarding contracts for the work on the project;

2038

(5) Construction fund management;

2039

(6) Payment under the contracts for the project;

2040

(7) Legal defense of the public owner.

2041

(B) A construction manager at risk shall not retain from a	2042
subcontractor a greater percentage of the subcontract price than	2043
the percentage of the contract price retained from the	2044
construction manager at risk by the public authority, if any. With	2045
the consent of the public authority, the construction manager at	2046
risk shall pay all amounts retained from a subcontractor when the	2047
subcontractor's work is completed and there exists no other reason	2048
to withhold the retainage.	2049

Sec. 9.336. The requirements set forth in sections 9.33 to	2050
9.335 of the Revised Code for the bidding, selection, and award of	2051
a construction management contract by a public authority prevail	2052
in the event of any conflict with a provision of Chapter 153. of	2053
the Revised Code.	2054

Sec. 9.482. (A) As used in this section, "political	2055
subdivision" has the meaning defined in section 2744.01 of the	2056
Revised Code.	2057

(B) When authorized by their respective legislative	2058
authorities, a political subdivision may enter into an agreement	2059
with another political subdivision whereby a contracting political	2060
subdivision agrees to exercise any power, perform any function, or	2061
render any service for another contracting recipient political	2062
subdivision that the contracting recipient political subdivision	2063
is otherwise legally authorized to exercise, perform, or render.	2064

In the absence in the agreement of provisions determining by	2065
what officer, office, department, agency, or other authority the	2066
powers and duties of a contracting political subdivision shall be	2067
exercised or performed, the legislative authority of the	2068
contracting political subdivision shall determine and assign the	2069
powers and duties.	2070

An agreement shall not suspend the possession by a	2071
contracting recipient political subdivision of any power or	2072
function that is exercised or performed on its behalf by another	2073
contracting political subdivision under the agreement.	2074

A political subdivision shall not enter into an agreement to	2075
levy any tax or to exercise, with regard to public moneys, any	2076
investment powers, perform any investment function, or render any	2077
investment service on behalf of a contracting subdivision. Nothing	2078
in this paragraph prohibits a political subdivision from entering	2079
into an agreement to collect, administer, or enforce any tax on	2080
behalf of another political subdivision or to limit the authority	2081
of political subdivisions to create and operate joint economic	2082
development zones or joint economic development districts as	2083
provided in sections 715.69 to 715.83 of the Revised Code.	2084

(C) No power shall be exercised, no function shall be	2085
performed, and no service shall be rendered by a contracting	2086
political subdivision pursuant to an agreement entered into under	2087
this section within a political subdivision that is not a party to	2088
the agreement, without first obtaining the written consent of the	2089
political subdivision that is not a party to the agreement and	2090
within which the power is to be exercised, a function is to be	2091
performed, or a service is to be rendered.	2092

(D) Chapter 2744. of the Revised Code, insofar as it applies	2093
to the operation of a political subdivision, applies to the	2094
political subdivisions that are parties to an agreement and to	2095
their employees when they are rendering a service outside the	2096
boundaries of their employing political subdivision under the	2097
agreement. Employees acting outside the boundaries of their	2098
employing political subdivision while providing a service under an	2099
agreement may participate in any pension or indemnity fund	2100
established by the political subdivision to the same extent as	2101
while they are acting within the boundaries of the political	2102
subdivision, and are entitled to all the rights and benefits of	2103
Chapter 4123. of the Revised Code to the same extent as while they	2104
are performing a service within the boundaries of the political	2105
subdivision.	2106

Sec. 9.82. As used in sections 9.82 to 9.83 of the Revised	2107
Code:	2108

(A) "State" means the state of Ohio, including, but not	2109
limited to, the general assembly, the supreme court, the offices	2110
of all elected state officers, and all departments, boards,	2111
offices, commissions, agencies, institutions, and other	2112
instrumentalities of the state of Ohio. "State" does not include	2113
political subdivisions.	2114

For purposes of the judicial liability program, "state" means	2115
the supreme court, the courts of appeals, the courts of common	2116
pleas and any division of courts of common pleas, municipal	2117
courts, and county courts.	2118

(B) "Political subdivision" means a county, city, village,	2119
township, park district, or school district.	2120

(C) "Personal property" means tangible personal property	2121
owned, leased, controlled, or possessed by a state agency and	2122
includes, but is not limited to, chattels, movable property,	2123
merchandise, furniture, goods, livestock, vehicles, watercraft,	2124
aircraft, movable machinery, movable tools, movable equipment,	2125
general operating supplies, and media.	2126

(D) "Media" means all active information processing material,	2127
including all forms of data, program material, and related	2128
engineering specifications employed in any state agency's	2129
information processing operation.	2130

(E) "Property" means real and personal property as defined in	2131
divisions (C) and (F) of this section and any other property in	2132
which the state determines it has an insurable interest.	2133

(F) "Real property" means land or interests in land whose	2134
title is vested in the state or that is under the control of the	2135
state through a lease purchase agreement, installment purchase,	2136
mortgage, lien, or otherwise, and includes, but is not limited to,	2137
all buildings, structures, improvements, machinery, equipment, or	2138
fixtures erected on, above, or under such land.	2139

(G) "State agency" means every department, bureau, board,	2140
commission, office, or other organized body established by the	2141
constitution or laws of this state for the exercise of any	2142
function of state government, the general assembly, all	2143
legislative agencies, the supreme court, and the court of claims.	2144
"State agency" does not include any state-supported institutions	2145
of higher education, the public employees retirement system, the	2146
Ohio police and ~~and Fire~~fire pension fund, the state teachers	2147
retirement system, the school employees retirement system, the	2148
state highway patrol retirement system, or the city of Cincinnati	2149
retirement system.	2150

Sec. 9.823. (A) All contributions collected by the director	2151
of administrative services under division (E) of this section	2152
shall be deposited into the state treasury to the credit of the	2153
risk management reserve fund, which is hereby created. The fund	2154
shall be used to provide insurance and self-insurance for the	2155
state under sections 9.822 and 9.83 of the Revised Code. All	2156
investment earnings of the fund shall be credited to it.	2157

(B) The director, through the office of risk management,	2158
shall operate the risk management reserve fund on an actuarially	2159
sound basis.	2160

(C) Reserves shall be maintained in the risk management	2161
reserve fund in any amount that is necessary and adequate, in the	2162
exercise of sound and prudent actuarial judgment, to cover	2163
potential liability claims, expenses, fees, or damages. Money in	2164
the fund may be applied to the payment of liability claims that	2165
are filed against the state ~~in the court of claims and determined~~	2166
~~in the manner provided for under Chapter 2743. of the Revised~~	2167
~~Code~~. The director may procure the services of a qualified	2168
actuarial firm for the purpose of recommending the specific amount	2169
of money that would be required to maintain adequate reserves for	2170
a given period of time.	2171

(D) A report of the amounts reserved and disbursements made	2172
from the reserves, together with a written report of a competent	2173
property and casualty actuary, shall be submitted, on or before	2174
the last day of March for the preceding calendar year, to the	2175
speaker of the house of representatives and the president of the	2176
senate. The actuary shall certify the adequacy of the rates of	2177
contributions, the sufficiency of excess insurance, and whether	2178
the amounts reserved conform to the requirements of this section,	2179
are computed in accordance with accepted loss reserving standards,	2180
and are fairly stated in accordance with sound loss reserving	2181
principles. The report shall include disbursements made for the	2182
administration of the fund, including claims paid, cost of legal	2183
representation of state agencies and employees, and fees paid to	2184
consultants.	2185

(E) The director shall collect from each state agency or any	2186
participating state body its contribution to the risk management	2187
reserve fund for the purpose of purchasing insurance or	2188
administering self-insurance programs for coverages authorized	2189
under sections 9.822 and 9.83 of the Revised Code. The	2190
contribution shall be determined by the director, with the	2191
approval of the director of budget and management, and shall be	2192
based upon actuarial assumptions and the relative risk and loss	2193
experience of each state agency or participating state body. The	2194
contribution shall further include a reasonable sum to cover the	2195
department's administrative costs.	2196

Sec. 9.833. (A) As used in this section, "political	2197
subdivision" ~~means a municipal corporation, township, county, or~~	2198
~~other body corporate and politic responsible for governmental~~	2199
~~activities in a geographic area smaller than that of the state,~~	2200
~~and agencies and instrumentalities of these entities~~has the	2201
meaning defined in sections 2744.01 and 3905.36 of the Revised	2202
Code. For purposes of this section, "political subdivision"	2203
includes municipal corporations as defined in section 5705.01 of	2204
the Revised Code.	2205

(B) Political subdivisions that provide health care benefits	2206
for their officers or employees may do any of the following:	2207

(1) ~~Establish~~If a self-insurance program is approved by the	2208
department of administrative services under section 9.901 of the	2209
Revised Code, establish and maintain an individual self-insurance	2210
program with public moneys to provide authorized health care	2211
benefits, including but not limited to, health care, prescription	2212
drugs, dental care, and vision care, in accordance with division	2213
(C) of this section;	2214

(2) Establish and maintain a health savings account program	2215
whereby employees or officers may establish and maintain health	2216
savings accounts in accordance with section 223 of the Internal	2217
Revenue Code. Public moneys may be used to pay for or fund	2218
federally qualified high deductible health plans that are linked	2219
to health savings accounts or to make contributions to health	2220
savings accounts. A health savings account program may be a part	2221
of a self-insurance program.	2222

(3) After establishing an individual self-insurance program,	2223
agree with other political subdivisions that have established	2224
individual self-insurance programs for health care benefits, that	2225
their programs will be jointly administered in a manner specified	2226
in the agreement pursuant to approval under section 9.901 of the	2227
Revised Code;	2228

(4) Pursuant to a written agreement, pursuant to approval	2229
under section 9.901 of the Revised Code, and in accordance with	2230
division (C) of this section, join in any combination with other	2231
political subdivisions to establish and maintain a joint	2232
self-insurance program to provide health care benefits;	2233

(5) Pursuant to a written agreement, join in any combination	2234
with other political subdivisions to procure or contract for	2235
policies, contracts, or plans of insurance to provide ~~health care~~	2236
~~benefits, which may include~~ a health savings account program, for	2237
their officers and employees subject to the agreement;	2238

(6) Use in any combination any of the policies, contracts,	2239
plans, or programs authorized under this division.	2240

(7) Any agreement made under divisions (B)(3), (4), (5), or	2241
(6) of this section shall be in writing, comply with division (C)	2242
of this section, and contain best practices established in	2243
consultation with and approved by the department of administrative	2244
services. These best practices shall provide standards upon which	2245
the program providing benefits shall adhere to in the selection	2246
and implementation of the health care plan. The best practices may	2247
be reviewed and amended at the discretion of the political	2248
subdivisions in consultation with the department. Detailed	2249
information regarding the best practices shall be made available	2250
to any employee upon that employee's request.	2251

(8) The department of administrative services may adopt rules	2252
for the adoption and enforcement of the best practices standards.	2253

(C) Except as otherwise provided in division (E) of this	2254
section or by section 9.901 of the Revised Code, the following	2255
apply to individual or joint self-insurance programs established	2256
pursuant to this section:	2257

(1) Such funds shall be reserved as are necessary, in the	2258
exercise of sound and prudent actuarial judgment, to cover	2259
potential cost of health care benefits for the officers and	2260
employees of the political subdivision. A certified audited	2261
financial statement and a report of amounts so reserved and	2262
disbursements made from such funds, together with a written report	2263
of a member of the American academy of actuaries certifying	2264
whether the amounts reserved conform to the requirements of this	2265
division, are computed in accordance with accepted loss reserving	2266
standards, and are fairly stated in accordance with sound loss	2267
reserving principles, shall be prepared and maintained, within	2268
ninety days after the last day of the fiscal year of the entity	2269
for which the report is provided for that fiscal year, in the	2270
office of the program administrator described in division (C)(3)	2271
of this section.	2272

The report required by division (C)(1) of this section shall	2273
include, but not be limited to, disbursements made for the	2274
administration of the program, including claims paid, costs of the	2275
legal representation of political subdivisions and employees, and	2276
fees paid to consultants.	2277

The program administrator described in division (C)(3) of	2278
this section shall make the report required by this division	2279
available for inspection by any person at all reasonable times	2280
during regular business hours, and, upon the request of such	2281
person, shall make copies of the report available at cost within a	2282
reasonable period of time. The program administrator shall further	2283
provide the report to the auditor of state under Chapter 117. of	2284
the Revised Code.	2285

(2) Each political subdivision shall reserve funds necessary	2286
for an individual or joint self-insurance program in a special	2287
fund that may be established for political subdivisions other than	2288
an agency or instrumentality pursuant to an ordinance or	2289
resolution of the political subdivision and not subject to section	2290
5705.12 of the Revised Code. An agency or instrumentality shall	2291
reserve the funds necessary for an individual or joint	2292
self-insurance program in a special fund established pursuant to a	2293
resolution duly adopted by the agency's or instrumentality's	2294
governing board. The political subdivision may allocate the costs	2295
of insurance or any self-insurance program, or both, among the	2296
funds or accounts established under this division on the basis of	2297
relative exposure and loss experience.	2298

(3) A contract may be awarded, without the necessity of	2299
competitive bidding, to any person, political subdivision,	2300
nonprofit corporation organized under Chapter 1702. of the Revised	2301
Code, or regional council of governments created under Chapter	2302
167. of the Revised Code for purposes of administration of an	2303
individual or joint self-insurance program. No such contract shall	2304
be entered into without full, prior, public disclosure of all	2305
terms and conditions. The disclosure shall include, at a minimum,	2306
a statement listing all representations made in connection with	2307
any possible savings and losses resulting from the contract, and	2308
potential liability of any political subdivision or employee. The	2309
proposed contract and statement shall be disclosed and presented	2310
at a meeting of the political subdivision not less than one week	2311
prior to the meeting at which the political subdivision authorizes	2312
the contract.	2313

A contract awarded to a nonprofit corporation or a regional	2314
council of governments under this division may provide that all	2315
employees of the nonprofit corporation or regional council of	2316
governments and the employees of all entities related to the	2317
nonprofit corporation or regional council of governments may be	2318
covered by the individual or joint self-insurance program under	2319
the terms and conditions set forth in the contract.	2320

(4) The individual or joint self-insurance program shall	2321
include a contract with a certified public accountant and a member	2322
of the American academy of actuaries for the preparation of the	2323
written ~~evaluation of the reserve funds~~evaluations required under	2324
division (C)(1) of this section.	2325

(5) A joint self-insurance program may allocate the costs of	2326
funding the program among the funds or accounts established under	2327
this division to the participating political subdivisions on the	2328
basis of their relative exposure and loss experience.	2329

(6) An individual self-insurance program may allocate the	2330
costs of funding the program among the funds or accounts	2331
established under this division to the political subdivision that	2332
established the program.	2333

(7) Two or more political subdivisions may also authorize the	2334
establishment and maintenance of a joint health care cost	2335
containment program, including, but not limited to, the employment	2336
of risk managers, health care cost containment specialists, and	2337
consultants, for the purpose of preventing and reducing health	2338
care costs covered by insurance, individual self-insurance, or	2339
joint self-insurance programs.	2340

(8) A political subdivision is not liable under a joint	2341
self-insurance program for any amount in excess of amounts payable	2342
pursuant to the written agreement for the participation of the	2343
political subdivision in the joint self-insurance program. Under a	2344
joint self-insurance program agreement, a political subdivision	2345
may, to the extent permitted under the written agreement, assume	2346
the risks of any other political subdivision. A joint	2347
self-insurance program established under this section is deemed a	2348
separate legal entity for the public purpose of enabling the	2349
members of the joint self-insurance program to obtain insurance or	2350
to provide for a formalized, jointly administered self-insurance	2351
fund for its members. An entity created pursuant to this section	2352
is exempt from all state and local taxes.	2353

(9) Any political subdivision, other than an agency or	2354
instrumentality, may issue general obligation bonds, or special	2355
obligation bonds that are not payable from real or personal	2356
property taxes, and may also issue notes in anticipation of such	2357
bonds, pursuant to an ordinance or resolution of its legislative	2358
authority or other governing body for the purpose of providing	2359
funds to pay expenses associated with the settlement of claims,	2360
whether by way of a reserve or otherwise, and to pay the political	2361
subdivision's portion of the cost of establishing and maintaining	2362
an individual or joint self-insurance program or to provide for	2363
the reserve in the special fund authorized by division (C)(2) of	2364
this section.	2365

In its ordinance or resolution authorizing bonds or notes	2366
under this section, a political subdivision may elect to issue	2367
such bonds or notes under the procedures set forth in Chapter 133.	2368
of the Revised Code. In the event of such an election,	2369
notwithstanding Chapter 133. of the Revised Code, the maturity of	2370
the bonds may be for any period authorized in the ordinance or	2371
resolution not exceeding twenty years, which period shall be the	2372
maximum maturity of the bonds for purposes of section 133.22 of	2373
the Revised Code.	2374

Bonds and notes issued under this section shall not be	2375
considered in calculating the net indebtedness of the political	2376
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of	2377
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are	2378
hereby made applicable to bonds or notes authorized under this	2379
section.	2380

(10) A joint self-insurance program is not an insurance	2381
company. Its operation does not constitute doing an insurance	2382
business and is not subject to the insurance laws of this state.	2383

(D) A political subdivision may procure group life insurance	2384
for its employees in conjunction with an individual or joint	2385
self-insurance program authorized by this section, provided that	2386
the policy of group life insurance is not self-insured.	2387

(E) ~~Divisions (C)(1), (2), and (4) of this~~This section do	2388
does not apply to individual self-insurance programs increated	2389
solely by municipal corporations~~, townships, or counties~~as	2390
defined in section 5705.01 of the Revised Code.	2391

(F) A public official or employee of a political subdivision	2392
who is or becomes a member of the governing body of the program	2393
administrator of a joint self-insurance program in which the	2394
political subdivision participates is not in violation of division	2395
(D) or (E) of section 102.03, division (C) of section 102.04, or	2396
section 2921.42 of the Revised Code as a result of either of the	2397
following:	2398

(1) The political subdivision's entering under this section	2399
into the written agreement to participate in the joint	2400
self-insurance program;	2401

(2) The political subdivision's entering under this section	2402
into any other contract with the joint self-insurance program.	2403

Sec. 9.90. (A) ~~The governing board of any public institution~~	2404
~~of higher education, including without limitation state~~	2405
~~universities and colleges, community college districts, university~~	2406
~~branch districts, technical college districts, and municipal~~	2407
~~universities,~~The following applies until the department of	2408
administrative services implements healthcare plans designed under	2409
section 9.901 of the Revised Code. If those plans do not include	2410
or address any benefits listed in this section, the following	2411
provisions continue in effect for those benefits. The board of	2412
trustees or other governing body of a state institution of higher	2413
education, as defined in section 3345.011 of the Revised Code,	2414
board of education of a school district, or governing board of an	2415
educational service center may, in addition to all other powers	2416
provided in the Revised Code:	2417

(1) Contract for, purchase, or otherwise procure from an	2418
insurer or insurers licensed to do business by the state of Ohio	2419
for or on behalf of such of its employees as it may determine,	2420
life insurance, or sickness, accident, annuity, endowment, health,	2421
medical, hospital, dental, or surgical coverage and benefits, or	2422
any combination thereof, by means of insurance plans or other	2423
types of coverage, family, group or otherwise, and may pay from	2424
funds under its control and available for such purpose all or any	2425
portion of the cost, premium, or charge for such insurance,	2426
coverage, or benefits. However, the governing board, in addition	2427
to or as an alternative to the authority otherwise granted by	2428
division (A)(1) of this section, may elect to procure coverage for	2429
health care services, for or on behalf of such of its employees as	2430
it may determine, by means of policies, contracts, certificates,	2431
or agreements issued by at least two health insuring corporations	2432
holding a certificate of authority under Chapter 1751. of the	2433
Revised Code and may pay from funds under the governing board's	2434
control and available for such purpose all or any portion of the	2435
cost of such coverage.	2436

(2) Make payments to a custodial account for investment in	2437
regulated investment company stock for the purpose of providing	2438
retirement benefits as described in section 403(b)(7) of the	2439
Internal Revenue Code of 1954, as amended. Such stock shall be	2440
purchased only from persons authorized to sell such stock in this	2441
state.	2442

Any income of an employee deferred under divisions (A)(1) and	2443
(2) of this section in a deferred compensation program eligible	2444
for favorable tax treatment under the Internal Revenue Code of	2445
1954, as amended, shall continue to be included as regular	2446
compensation for the purpose of computing the contributions to and	2447
benefits from the retirement system of such employee. Any sum so	2448
deferred shall not be included in the computation of any federal	2449
and state income taxes withheld on behalf of any such employee.	2450

(B) All or any portion of the cost, premium, or charge	2451
therefor may be paid in such other manner or combination of	2452
manners as the ~~governing~~ board or governing body may determine,	2453
including direct payment by the employee in cases under division	2454
(A)(1) of this section, and, if authorized in writing by the	2455
employee in cases under division (A)(1) or (2) of this section, by	2456
~~such governing~~the board or governing body with moneys made	2457
available by deduction from or reduction in salary or wages or by	2458
the foregoing of a salary or wage increase. Nothing in section	2459
3917.01 or section 3917.06 of the Revised Code shall prohibit the	2460
issuance or purchase of group life insurance authorized by this	2461
section by reason of payment of premiums therefor by the ~~governing~~	2462
board or governing body from its funds, and such group life	2463
insurance may be so issued and purchased if otherwise consistent	2464
with the provisions of sections 3917.01 to 3917.07 of the Revised	2465
Code.	2466

(C) The board of education of any school district may	2467
exercise any of the powers granted to the governing boards of	2468
public institutions of higher education under divisions (A) and	2469
(B) of this section, except in relation to the provision of health	2470
care benefits to employees. All health care benefits provided to	2471
persons employed by the public schools of this state shall be	2472
through health care plans that contain best practices established	2473
by the school employees health care board or the department of	2474
administrative services pursuant to section 9.901 of the Revised	2475
Code, until the department implements for public school districts	2476
the health care plans designed under section 9.901 of the Revised	2477
Code.	2478

(D) Once the department of administrative services releases	2479
in final form health care plans designed under section 9.901 of	2480
the Revised Code, all health care benefits provided to persons	2481
employed by state institutions of higher education, school	2482
districts, or educational service centers may be through those	2483
plans.	2484

Sec. 9.901. (A)(1) ~~All~~Until the department implements for	2485
public school districts the health care plans designed under this	2486
section, all health care benefits provided to persons employed by	2487
the political subdivisions and public school districts of this	2488
state shall be provided by health care plans that contain best	2489
practices established pursuant to this section by the school	2490
employees health care board or the department of administrative	2491
services. Twelve months after the release of best practices by the	2492
board all policies or contracts for health care benefits provided	2493
to public school district employees that are issued or renewed	2494
after the expiration of any applicable collective bargaining	2495
agreement must contain best practices established pursuant to this	2496
section by the board. Any or all of the health care plans that	2497
contain best practices specified by the board may be self-insured.	2498
~~As used in this section, a "public school district" means a city,~~	2499
~~local, exempted village, or joint vocational school district, and~~	2500
~~includes the educational service centers associated with those~~	2501
~~districts but not charter schools.~~	2502

(2) ~~The board shall determine what strategies are used by the~~	2503
~~existing medical plans to manage health care costs and shall study~~	2504
~~the potential benefits of state or regional consortiums of public~~	2505
~~schools offering multiple health care plans.~~Upon completion of	2506
the consultant's report under division (E) of this section and	2507
once the plans are released in final form by the department, all	2508
health care benefits provided to persons employed by political	2509
subdivisions, public school districts, and state institutions of	2510
higher education may be provided by health care plans designed	2511
under this section by the department. The department, in	2512
consultation with the superintendent of insurance, may negotiate	2513
with and, in accordance with the competitive selection procedures	2514
of Chapter 125. of the Revised Code, contract with one or more	2515
insurance companies authorized to do business in this state for	2516
the issuance of the plans. Any or all of the health care plans	2517
designed by the department may be self-insured. All self-insured	2518
plans adopted shall be administered by the department in	2519
accordance with this section. The plans shall incorporate the best	2520
practices adopted by the department under division (C)(3) of this	2521
section.	2522

(3) Before soliciting proposals from insurance companies for	2523
the issuance of health care plans, the department shall determine	2524
what geographic regions exist in the state based on the	2525
availability of providers, networks, costs, and other factors	2526
relating to providing health care benefits. The department shall	2527
then determine what health care plans offered by political	2528
subdivisions, public school districts, state institutions, and	2529
existing consortiums in the region offer the most cost-effective	2530
plan.	2531

(4) The department shall develop a request for proposals and	2532
solicit bids for health care plans for political subdivisions,	2533
public school districts, and state institutions in a region	2534
similar to the existing plans. The department shall also determine	2535
the benefits offered by existing health care plans, the employees'	2536
costs, and the cost-sharing arrangements used by political	2537
subdivisions, schools, and institutions participating in a	2538
consortium. The department shall determine what strategies are	2539
used by the existing plans to manage health care costs and shall	2540
study the potential benefits of state or regional consortiums	2541
offering multiple health care plans.	2542

(5) No political subdivision, public school district, or	2543
state institution may be required to offer the health care plans	2544
designed under this section until they are released in final form	2545
by the department.	2546

In addition, political subdivisions, public school districts,	2547
or state institutions offering employee health care benefits	2548
through a plan offered by a consortium of two or more political	2549
subdivisions, districts, or state institutions, or a consortium of	2550
one or more political subdivisions, districts, or state	2551
institutions and one or more other political subdivisions, as	2552
defined in section 9.833 of the Revised Code may request	2553
permission from the department to continue offering consortium	2554
plans to the political subdivisions', districts', or institutions'	2555
employees at the discretion of the department.	2556

(6) As used in this section:

2557

(a) "Public school district" means a city, local, exempted	2558
village, or joint vocational school district; a STEM school	2559
established under Chapter 3326. of the Revised Code; or an	2560
educational service center. "Public school district" does not mean	2561
a community school established under Chapter 3314. of the Revised	2562
Code.	2563

(b) "State institution of higher education" or "state	2564
institution" means a state institution of higher education as	2565
defined in section 3345.011 of the Revised Code.	2566

(c) "Political subdivision" has the same meaning as defined	2567
in section 9.833 of the Revised Code.	2568

(d) A "health care plan" includes group policies, contracts,	2569
and agreements that provide hospital, surgical, or medical expense	2570
coverage, including self-insured plans. A "health care plan" does	2571
not include an individual plan offered to the employees of a	2572
political subdivision, public school district, or state	2573
institution, or a plan that provides coverage only for specific	2574
disease or accidents, or a hospital indemnity, medicare	2575
supplement, or other plan that provides only supplemental	2576
benefits, paid for by the employees of a political subdivision,	2577
public school district, or state institution.	2578

~~(b)~~(e) A "health plan sponsor" means a political subdivision,	2579
public school district, a state institution of higher education, a	2580
consortium of political subdivisions, public school districts, or	2581
state institutions, or a council of governments.	2582

(B) ~~The school employees health care board is hereby created.~~	2583
~~The school employees health care board shall consist of the~~	2584
~~following twelve members and shall include individuals with~~	2585
~~experience with public school district benefit programs, health~~	2586
~~care industry providers, and health care plan beneficiaries:~~	2587

~~(1) Four members appointed by the governor, one of whom shall~~	2588
~~be representative of nonadministrative public school district~~	2589
~~employees;~~	2590

~~(2) Four members appointed by the president of the senate,~~	2591
~~one of whom shall be representative of nonadministrative public~~	2592
~~school district employees;~~	2593

~~(3) Four members appointed by the speaker of the house of~~	2594
~~representatives, one of whom shall be representative of~~	2595
~~nonadministrative public school district employees.~~	2596

~~A member of the school employees health care board shall not~~	2597
~~be employed by, represent, or in any way be affiliated with a~~	2598
~~private entity that is providing services to the board, an~~	2599
~~individual school district, employers, or employees in the state~~	2600
~~of Ohio.~~	2601

~~(C)(1) Members of the school employees health care board~~	2602
~~shall serve four-year terms, but may be reappointed, except as~~	2603
~~otherwise specified in division (B) of this section.~~	2604

~~A member shall continue to serve subsequent to the expiration~~	2605
~~of the member's term until a successor is appointed. Any vacancy~~	2606
~~occurring during a member's term shall be filled in the same~~	2607
~~manner as the original appointment, except that the person~~	2608
~~appointed to fill the vacancy shall be appointed to the remainder~~	2609
~~of the unexpired term.~~	2610

~~(2) Members shall receive compensation fixed pursuant to~~	2611
~~division (J) of section 124.15 of the Revised Code and shall be~~	2612
~~reimbursed from the school employees health care fund for actual~~	2613
~~and necessary expenses incurred in the performance of their~~	2614
~~official duties as members of the board.~~	2615

~~(3) Members may be removed by their appointing authority for~~	2616
~~misfeasance, malfeasance, incompetence, dereliction of duty, or~~	2617
~~other just cause.~~	2618

~~(D)(1) At the first meeting of the board after the first day~~	2619
~~of January of each calendar year, the board shall elect a~~	2620
~~chairperson and may elect members to other positions on the board~~	2621
~~as the board considers necessary or appropriate. The board shall~~	2622
~~meet at least nine times each calendar year and shall also meet at~~	2623
~~the call of the chairperson or four or more board members. The~~	2624
~~chairperson shall provide reasonable advance notice of the time~~	2625
~~and place of board meetings to all members.~~	2626

~~(2) A majority of the board constitutes a quorum for the~~	2627
~~transaction of business at a board meeting. A majority vote of the~~	2628
~~members present is necessary for official action.~~	2629

~~(E) The school employees health care board shall conduct its~~	2630
~~business at open meetings; however, the records of the board are~~	2631
~~not public records for purposes of section 149.43 of the Revised~~	2632
~~Code.~~	2633

~~(F)~~ The ~~school~~political subdivisions and public employees	2634
health care fund is hereby created in the state treasury. The	2635
~~board~~department shall use all funds in the ~~school~~political	2636
subdivisions and public employees health care fund solely to carry	2637
out the provisions of this section and related administrative	2638
costs.	2639

~~(G)~~(C) The ~~school employees health care board~~department	2640
shall do all of the following:	2641

(1) Include disease management and consumer education	2642
programs, which programs shall include, but are not limited to,	2643
wellness programs and other measures designed to encourage the	2644
wise use of medical plan coverage. These programs are not services	2645
or treatments for purposes of section 3901.71 of the Revised Code.	2646

(2) Design health care plans for political subdivisions,	2647
public school districts, and state institutions of higher	2648
education in accordance with division (A) of this section separate	2649
from the plans for state agencies;	2650

(3) Adopt and release a set of standards that shall be	2651
considered the best practices ~~to which public school districts~~	2652
~~shall adhere in the selection and implementation of~~for health	2653
care plans offered to employees of political subdivisions, public	2654
school districts, and state institutions.	2655

~~(2)~~(4) Require that the plans the health plan sponsors	2656
administer make readily available to the public all cost and	2657
design elements of the plan;	2658

~~(3) Work with health plan sponsors through educational~~	2659
~~outlets and consultation;~~	2660

~~(4) Maintain a commitment to transparency and public access~~	2661
~~of its meetings and activity pursuant to division (E) of this~~	2662
~~section;~~	2663

(5) Set employee and employer health care plan premiums for	2664
the plans designed under division (C)(2) of this section;	2665

(6) Promote cooperation among all organizations affected by	2666
this section in identifying the elements for the successful	2667
implementation of this section;	2668

~~(6)~~(7) Promote cost containment measures aligned with	2669
patient, plan, and provider management strategies in developing	2670
and managing health care plans;	2671

~~(7)~~(8) Prepare and disseminate to the public an annual report	2672
on the status of health plan sponsors' effectiveness in making	2673
progress to reduce the rate of increase in insurance premiums and	2674
employee out of pocket expenses, as well as progress in improving	2675
the health status of political subdivision, public school	2676
district, and state institution employees and their families.	2677

~~(H)~~(D) The sections in Chapter 3923. of the Revised Code	2678
regulating public employee benefit plans are not applicable to the	2679
health care plans designed pursuant to this section.	2680

~~(I) The board may contract with one or more independent~~	2681
~~consultants to analyze costs related to employee health care~~	2682
~~benefits provided by existing public school district plans in this~~	2683
~~state. The consultants may evaluate the benefits offered by~~	2684
~~existing health care plans, the employees' costs, and the~~	2685
~~cost-sharing arrangements used by public school districts either~~	2686
~~participating in a consortium or by other means. The consultants~~	2687
~~may evaluate what strategies are used by the existing health care~~	2688
~~plans to manage health care costs and the potential benefits of~~	2689
~~state or regional consortiums of public schools offering multiple~~	2690
~~health care plans. Based on the findings of the analysis, the~~	2691
~~consultants may submit written recommendations to the board for~~	2692
~~the development and implementation of successful best practices~~	2693
~~and programs for improving school districts' purchasing power for~~	2694
~~the acquisition of employee health care plans~~(E) Before the	2695
department's release of the initial health care plans, the	2696
department shall contract with an independent consultant to	2697
analyze costs related to employee health care benefits provided by	2698
existing political subdivision, public school district, and state	2699
institution plans. All political subdivisions shall provide	2700
information requested by the department that the department	2701
determines is needed to complete this study. The information	2702
requested shall be held confidentially by the department and shall	2703
not be considered a public record under Chapter 149. of the	2704
Revised Code. The department may release the information after	2705
redacting all personally identifiable information. The consultant	2706
shall determine the benefits offered by existing plans, the	2707
employees' costs, and the cost-sharing arrangements used by	2708
political subdivisions, schools, and institutions participating in	2709
a consortium. The consultant shall determine what strategies are	2710
used by the existing plans to manage health care costs and shall	2711
study the potential benefits of state or regional consortiums of	2712
political subdivisions, public schools, and institutions offering	2713
multiple health care plans. Based on the findings of the analysis,	2714
the consultant shall submit written recommendations to the	2715
department for the development and implementation of a successful	2716
program for pooling purchasing power for the acquisition of	2717
employee health care plans. The consultant's recommendations shall	2718
address, at a minimum, all of the following issues:	2719

(1) The development of a plan for regional coordination of	2720
the health care plans;	2721

(2) The establishment of regions for the provision of health	2722
care plans, based on the availability of providers and plans in	2723
the state at the time;	2724

(3) The viability of voluntary and mandatory participation by	2725
political subdivisions, public schools, and institutions of higher	2726
education;	2727

(4) The use of regional preferred provider and closed panel	2728
plans, health savings accounts, and alternative health care plans,	2729
to stabilize both costs and the premiums charged to political	2730
subdivisions, public school districts, and state institutions and	2731
their employees;	2732

(5) The use of the competitive bidding process for regional	2733
health care plans;	2734

(6) The use of information on claims and costs and of	2735
information reported by political subdivisions, public school	2736
districts, and state institutions pursuant to the Consolidated	2737
Omnibus Budget Reconciliation Act (COBRA) 100 Stat. 227, 29 U.S.C.	2738
1161, as amended in analyzing administrative and premium costs;	2739

(7) The experience of states that have statewide health care	2740
plans for political subdivision, public school district, and state	2741
institution employees, including the implementation strategies	2742
used by those states;	2743

(8) Recommended strategies for the use of first-year roll-in	2744
premiums in the transition from political subdivision, district,	2745
and state institution health care plans to department plans;	2746

(9) The option of allowing political subdivisions, public	2747
school districts, and state institutions to join an existing	2748
regional consortium as an alternative to department plans;	2749

(10) Mandatory and optional coverages to be offered by the	2750
department's plans;	2751

(11) Potential risks to the state from the use of plans	2752
developed under this section;	2753

(12) Any legislation needed to ensure the long-term financial	2754
solvency and stability of a health care purchasing system;	2755

(13) The potential impacts of any changes to the existing	2756
purchasing structure on all of the following:	2757

(a) Existing health care pooling and consortiums;

2758

(b) Political subdivision, school district, and state	2759
institution employees;	2760

(c) Individual political subdivisions, school districts, and	2761
state institutions.	2762

(14) Issues that could arise when political subdivisions,	2763
school districts, and state institutions transition from the	2764
existing purchasing structure to a new purchasing structure;	2765

(15) Strategies available to the department in the creation	2766
of fund reserves and the need for stop-loss insurance coverage for	2767
catastrophic losses;	2768

(16) Impact on eliminating the premium tax or excise	2769
currently received on behalf of a public employer under division	2770
(A) of section 5725.18 and division (A) of 5729.03 of the Revised	2771
Code;	2772

(17) How development of the federal health exchange in Ohio	2773
may impact public employees and the private health insurance	2774
market;	2775

(18) Impact of joint health insurance regional program on	2776
insurance carriers and agents.	2777

~~(J)~~(F) The public ~~schools~~ health care advisory committee is	2778
hereby created under the ~~school employees health care board~~	2779
department of administrative services. The committee shall make	2780
recommendations to the ~~school employees health care board related~~	2781
~~to the board's accomplishment of the duties assigned to the board~~	2782
director of administrative services or the director's designee on	2783
the development and adoption of best practices under this section.	2784
The committee shall consist of ~~eighteen~~fifteen members appointed	2785
by the speaker of the house of representatives, the president of	2786
the senate, and the governor and shall include representatives	2787
from state and local government employers, state and local	2788
government employees, insurance agents, health insurance	2789
companies, and joint purchasing arrangements currently in	2790
existence. ~~The governor shall appoint two representatives each~~	2791
~~from the Ohio education association, the Ohio school boards~~	2792
~~association, and a health insuring corporation licensed to do~~	2793
~~business in Ohio and recommended by the Ohio association of Health~~	2794
~~Plans. The speaker shall appoint two representatives each from the~~	2795
~~Ohio association of school business officials, the Ohio federation~~	2796
~~of teachers, and the buckeye association of school administrators.~~	2797
~~The president of the senate shall appoint two representatives each~~	2798
~~from the Ohio association of health underwriters, an existing~~	2799
~~health care consortium serving public schools, and the Ohio~~	2800
~~association of public school employees. The initial appointees~~	2801
~~shall serve until December 31, 2007; subsequent two-year~~	2802
~~appointments, to commence on the first day of January of each year~~	2803
~~thereafter, and shall be made in the same manner. A member shall~~	2804
~~continue to serve subsequent to the expiration of the member's~~	2805
~~term until the member's successor is appointed. Any vacancy~~	2806
~~occurring during a member's term shall be filled in the same~~	2807
~~manner as the original appointment, except that the person~~	2808
~~appointed to fill the vacancy shall be appointed to the remainder~~	2809
~~of the unexpired term. The advisory committee shall elect a~~	2810
~~chairperson at its first meeting after the first day of January~~	2811
~~each year who shall call the time and place of future committee~~	2812
~~meetings in addition to the meetings that are to be held jointly~~	2813
~~with the school employees health care board. Committee members are~~	2814
~~not subject to the conditions for eligibility set by division (B)~~	2815
~~of this section for members of the school employees health care~~	2816
~~board.~~Nothing in this section prohibits a political subdivision	2817
from adopting a delivery system of benefits that is not in	2818
accordance with the department's adopted best practices if it is	2819
considered to be most financially advantageous to the political	2820
subdivision.	2821

~~(K)~~(G) The ~~board~~department may adopt rules for the	2822
enforcement of health plan sponsors' compliance with the best	2823
practices standards adopted by the ~~board~~department pursuant to	2824
this section.	2825

~~(L) Any districts providing health care plan coverage for the~~	2826
~~employees of public school districts shall provide nonidentifiable~~	2827
~~aggregate claims data for the coverage to the school employees~~	2828
~~health care board, without charge, within sixty days after~~	2829
~~receiving a written request from the board.~~(H) Any health care	2830
plan providing coverage for the employees of political	2831
subdivisions, public school districts, or state institutions of	2832
higher education, or that have provided coverage within two years	2833
before the effective date of this amendment, shall provide	2834
nonidentifiable aggregate claims data for the coverage provided to	2835
the department, without charge, within thirty days after receiving	2836
a written request from the department. The claims data shall	2837
include data relating to employee group benefit sets,	2838
demographics, and claims experience.	2839

~~(M)~~(I)(1) The ~~school employees health care board~~department	2840
may contract with other state agencies for services as the ~~board~~	2841
department deems necessary for the implementation and operation of	2842
this section, based on demonstrated experience and expertise in	2843
administration, management, data handling, actuarial studies,	2844
quality assurance, or for other needed services. ~~The school~~	2845
~~employees health care board may contract with the department of~~	2846
~~administrative services for central services until such time the~~	2847
~~board deems itself able to obtain such services from its own staff~~	2848
~~or from other sources. The board shall reimburse the department of~~	2849
~~administrative services for the reasonable cost of those services.~~	2850

(2) The ~~board~~department shall hire staff as necessary to	2851
provide administrative support to the ~~board~~department and the	2852
public ~~school~~ employee health care plan program established by	2853
this section.	2854

~~(N)~~(J) Not more than ninety days before coverage begins for	2855
political subdivision, public school district, and state	2856
institution employees under health care plans ~~containing best~~	2857
~~practices prescribed~~designed by the ~~school employees health care~~	2858
~~board~~department, a political subdivision's governing body, public	2859
school district's board of education, and a state institution's	2860
board of trustees or managing authority shall provide detailed	2861
information about the health care plans to the employees.	2862

~~(O)~~(K) Nothing in this section shall be construed as	2863
prohibiting political subdivisions, public school districts, or	2864
state institutions from consulting with and compensating insurance	2865
agents and brokers for professional services or from establishing	2866
a self-insurance program, if the department approves that program	2867
as specified under section 9.833 of the Revised Code.	2868

~~(P)(1)~~(L) Pursuant to Chapter 117. of the Revised Code, the	2869
auditor of state shall conduct all necessary and required audits	2870
of the ~~board~~department. The auditor of state, upon request, also	2871
shall furnish to the ~~board~~department copies of audits of	2872
political subdivisions, public school districts, or consortia	2873
performed by the auditor of state.	2874

Sec. 101.36. (A) As used in this section:

2875

(1) "Tax expenditure" has the same meaning as in section	2876
5703.48 of the Revised Code.	2877

(2) "Tax expenditure bill" means a bill introduced in the	2878
house of representatives or the senate that proposes to enact or	2879
modify one or more tax expenditures.	2880

(B) There is hereby created the joint tax expenditure review	2881
committee, consisting of eight members, composed of the following:	2882

(1) The chair and ranking minority member of the house of	2883
representatives committee that deals primarily with tax	2884
legislation;	2885

(2) The chair and ranking minority member of the senate	2886
committee that deals primarily with tax legislation;	2887

(3) Two members of the house of representatives appointed by	2888
the speaker of the house of representatives;	2889

(4) Two members of the senate appointed by the president of	2890
the senate.	2891

The speaker of the house of representatives and the president	2892
of the senate shall make initial appointments to the board not	2893
later than thirty days following the effective date of the	2894
enactment of this section. Thereafter, the terms of the office	2895
shall be the same as the term of each general assembly. Members	2896
may be reappointed, provided the member continues to meet all	2897
other eligibility requirements. Vacancies shall be filled in the	2898
manner provided for original appointments. Any member appointed to	2899
fill a vacancy before the expiration of the term for which the	2900
predecessor was appointed shall hold office as a member for the	2901
remainder of that term. Appointed members of the committee serve	2902
at the pleasure of the members' appointing authority and may be	2903
removed only by the appointing authority.	2904

(C) The joint tax expenditure review committee shall hold its	2905
first meeting within ninety days after the effective date of the	2906
enactment of this section. At the first meeting, the members shall	2907
elect a chairperson. Thereafter, the committee shall meet at least	2908
twice per year at the call of the chairperson. The committee is a	2909
public body for the purposes of section 121.22 of the Revised	2910
Code.	2911

A vacancy on the committee does not impair the right of the	2912
other members to exercise all the functions of the committee. The	2913
presence of a majority of the members of the committee constitutes	2914
a quorum for the conduct of business of the committee. The	2915
concurrence of at least a majority of the members of the committee	2916
is necessary for any action to be taken by the committee.	2917

The committee shall permit any person to present evidence or	2918
testimony related to tax expenditures at a meeting of the	2919
committee. Upon the committee's request, the department of	2920
taxation, department of development, office of budget and	2921
management, or other state agency shall provide any information in	2922
its possession that the committee requires to perform its duties.	2923

(D) The committee shall establish a schedule for review for	2924
each tax expenditure so that each expenditure is reviewed at least	2925
once every eight years. The schedule may provide for the review of	2926
each tax expenditure in the order the expenditures were enacted or	2927
modified, beginning with the least recently enacted or modified	2928
tax expenditure. Alternatively, the review schedule may group tax	2929
expenditures by the individuals or industries benefiting from the	2930
expenditures, the objectives of each expenditure, or the policy	2931
rationale of each expenditure. In its review, the committee shall	2932
make recommendations as to whether each tax expenditure should be	2933
continued without modification, modified, scheduled for further	2934
review at a future date to consider repealing the expenditure, or	2935
repealed outright. For each expenditure reviewed, the committee	2936
may recommend accountability standards for the future review of	2937
the expenditure. The committee may consider, when reviewing a tax	2938
expenditure, any of the relevant factors in division (F) of this	2939
section.	2940

(E) Any tax expenditure bill shall include a statement	2941
explaining the objectives of the tax expenditure or its	2942
modification and the sponsor's intent in proposing the tax	2943
expenditure or its modification. Before a tax expenditure bill may	2944
be scheduled for a vote in any legislative committee, the bill	2945
must be reviewed by the joint tax expenditure review committee.	2946
The committee shall commence its review following the introduction	2947
of the tax expenditure bill in the chamber in which the bill	2948
originates. During the committee's review, the committee may	2949
consider any of the relevant factors in division (F) of this	2950
section. The committee shall issue copies of its review to each	2951
member of the legislative committee to which the bill has been	2952
referred upon the conclusion of the committee's review.	2953

(F) In conducting reviews pursuant to division (D) or (E) of	2954
this section, the committee may consider the following factors:	2955

(1) The number and classes of persons, organizations,	2956
businesses, or types of industries that would receive the direct	2957
benefit or consequences of the tax expenditure;	2958

(2) The fiscal impact of the tax expenditure on state and	2959
local taxing authorities, including, in the case of a review under	2960
division (D) of this section, any past fiscal effects and expected	2961
future fiscal impacts of the tax expenditure in the following	2962
eight-year period;	2963

(3) Public policy objectives that might support the tax	2964
expenditure. In researching such objectives, the committee may	2965
consider the expenditure's legislative history, the tax	2966
expenditure's sponsor's intent in proposing the tax expenditure,	2967
the extent to which the tax expenditure encourages or would	2968
encourage business growth or relocation into the state, promotes	2969
or would promote growth or retention of high-wage jobs in the	2970
state, or aids or would aid community stabilization.	2971

(4) Whether the tax expenditure successfully accomplishes any	2972
of the objectives identified in division (F)(3) of this section;	2973

(5) Whether the objectives identified in division (F)(3) of	2974
this section would or could have been accomplished successfully in	2975
the absence of the tax expenditure or with less cost to the state	2976
or local governments;	2977

(6) Whether the objectives identified in division (F)(3) of	2978
this section could have been accomplished successfully through a	2979
program that requires legislative appropriations for funding;	2980

(7) The extent to which the tax expenditure may provide	2981
unintended benefits to an individual, organization, or industry	2982
other than those the legislature or sponsor intended or creates an	2983
unfair competitive advantage for its recipient with respect to	2984
other businesses in the state;	2985

(8) The extent to which terminating the tax expenditure may	2986
have negative effects on taxpayers that currently benefit from the	2987
tax expenditure;	2988

(9) The extent to which the repeal of the tax expenditure may	2989
have negative effects on the state's employment and economy;	2990

(10) The feasibility of modifying the tax expenditure to	2991
provide for adjustment or recapture of the proceeds of the tax	2992
expenditure if the objectives of the tax expenditure are not	2993
fulfilled by the recipient of the tax expenditure.	2994

(G) The committee shall annually prepare a report of its	2995
determinations under this section and, not later than the	2996
thirty-first day of December of each year, provide a copy of the	2997
report to the governor, the speaker of the house of	2998
representatives, the president of the senate, the minority leader	2999
of the house of representatives, and the minority leader of the	3000
senate. The first annual report may be submitted either in the	3001
year of the effective date of this act or in the following year.	3002

Sec. 101.532. The main operating appropriations bill shall	3003
not contain appropriations for the industrial commission~~, the~~	3004
~~workers' compensation council,~~ or the bureau of workers'	3005
compensation. Appropriations for the bureau ~~and the council~~ shall	3006
be enacted in one bill, and appropriations for the industrial	3007
commission shall be enacted in a separate bill.	3008

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

3009

(1) "Public office" has the meaning defined in section 117.01	3010
of the Revised Code.	3011

(2) "Legislative agent" has the meaning defined in section	3012
101.70 of the Revised Code.	3013

(B) No public office shall enter into a contract with a	3014
legislative agent, with a cost exceeding fifty thousand dollars in	3015
a calendar year, without the approval of the controlling board.	3016

This section does not apply to an employment contract	3017
pursuant to which an individual is employed directly by a public	3018
office as a legislative agent.	3019

Sec. 101.82. As used in sections 101.82 to 101.87 of the	3020
Revised Code:	3021

(A) "Agency" means any board, commission, committee, or	3022
council, or any other similar state public body required to be	3023
established pursuant to state statutes for the exercise of any	3024
function of state government and to which members are appointed or	3025
elected. "Agency" does not include the following:	3026

(1) The general assembly, or any commission, committee, or	3027
other body composed entirely of members of the general assembly;	3028

(2) Any court;

3029

(3) Any public body created by or directly pursuant to the	3030
constitution of this state;	3031

(4) The board of trustees of any institution of higher	3032
education financially supported in whole or in part by the state;	3033

(5) Any public body that has the authority to issue bonds or	3034
notes or that has issued bonds or notes that have not been fully	3035
repaid;	3036

(6) The public utilities commission of Ohio;

3037

(7) The consumers' council governing board;

3038

(8) The Ohio board of regents;

3039

(9) Any state board or commission that has the authority to	3040
issue any final adjudicatory order that may be appealed to the	3041
court of common pleas under Chapter 119. of the Revised Code;	3042

(10) Any board of elections;

3043

(11) The board of directors of the Ohio insurance guaranty	3044
association and the board of governors of the Ohio fair plan	3045
underwriting association;	3046

(12) The Ohio public employees deferred compensation board;

3047

(13) The Ohio retirement study council;

3048

(14) The board of trustees of the Ohio police and fire	3049
pension fund, public employees retirement board, school employees	3050
retirement board, state highway patrol retirement board, and state	3051
teachers retirement board;	3052

(15) The industrial commission;

3053

(16) The parole board;

3054

(17) The board of tax appeals;

3055

(18) The controlling board;

3056

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

3057

(20) The environmental review appeals commission;

3058

(21) The Ohio ethics commission;

3059

(22) The Ohio public works commission;

3060

(23) The self-insuring employers evaluation board;

3061

(24) The state board of deposit;

3062

(25) The state employment relations board;

3063

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

3064

(B) "Abolish" means to repeal the statutes creating and	3065
empowering an agency, remove its personnel, and transfer its	3066
records to the department of administrative services pursuant to	3067
division (E) of section 149.331 of the Revised Code.	3068

(C) "Terminate" means to amend or repeal the statutes	3069
creating and empowering an agency, remove its personnel, and	3070
reassign its functions and records to another agency or officer	3071
designated by the general assembly.	3072

(D) "Transfer" means to amend the statutes creating and	3073
empowering an agency so that its functions, records, and personnel	3074
are conveyed to another agency or officer.	3075

(E) "Renew" means to continue an agency, and may include	3076
amendment of the statutes creating and empowering the agency, or	3077
recommendations for changes in agency operation or personnel.	3078

Sec. 102.02. (A) Except as otherwise provided in division	3079
(H) of this section, all of the following shall file with the	3080
appropriate ethics commission the disclosure statement described	3081
in this division on a form prescribed by the appropriate	3082
commission: every person who is elected to or is a candidate for a	3083
state, county, or city office and every person who is appointed to	3084
fill a vacancy for an unexpired term in such an elective office;	3085
all members of the state board of education; the director,	3086
assistant directors, deputy directors, division chiefs, or persons	3087
of equivalent rank of any administrative department of the state;	3088
the president or other chief administrative officer of every state	3089
institution of higher education as defined in section 3345.011 of	3090
the Revised Code; the executive director and the members of the	3091
capitol square review and advisory board appointed or employed	3092
pursuant to section 105.41 of the Revised Code; all members of the	3093
Ohio casino control commission, the executive director of the	3094
commission, all professional employees of the commission, and all	3095
technical employees of the commission who perform an internal	3096
audit function; the individuals set forth in division (B)(2) of	3097
section 187.03 of the Revised Code; the chief executive officer	3098
and the members of the board of each state retirement system; each	3099
employee of a state retirement board who is a state retirement	3100
system investment officer licensed pursuant to section 1707.163 of	3101
the Revised Code; the members of the Ohio retirement study council	3102
appointed pursuant to division (C) of section 171.01 of the	3103
Revised Code; employees of the Ohio retirement study council,	3104
other than employees who perform purely administrative or clerical	3105
functions; the administrator of workers' compensation and each	3106
member of the bureau of workers' compensation board of directors;	3107
the bureau of workers' compensation director of investments; the	3108
chief investment officer of the bureau of workers' compensation;	3109
~~the director appointed by the workers' compensation council;~~ all	3110
members of the board of commissioners on grievances and discipline	3111
of the supreme court and the ethics commission created under	3112
section 102.05 of the Revised Code; every business manager,	3113
treasurer, or superintendent of a city, local, exempted village,	3114
joint vocational, or cooperative education school district or an	3115
educational service center; every person who is elected to or is a	3116
candidate for the office of member of a board of education of a	3117
city, local, exempted village, joint vocational, or cooperative	3118
education school district or of a governing board of an	3119
educational service center that has a total student count of	3120
twelve thousand or more as most recently determined by the	3121
department of education pursuant to section 3317.03 of the Revised	3122
Code; every person who is appointed to the board of education of a	3123
municipal school district pursuant to division (B) or (F) of	3124
section 3311.71 of the Revised Code; all members of the board of	3125
directors of a sanitary district that is established under Chapter	3126
6115. of the Revised Code and organized wholly for the purpose of	3127
providing a water supply for domestic, municipal, and public use,	3128
and that includes two municipal corporations in two counties;	3129
every public official or employee who is paid a salary or wage in	3130
accordance with schedule C of section 124.15 or schedule E-2 of	3131
section 124.152 of the Revised Code; members of the board of	3132
trustees and the executive director of the southern Ohio	3133
agricultural and community development foundation; all members	3134
appointed to the Ohio livestock care standards board under section	3135
904.02 of the Revised Code; and every other public official or	3136
employee who is designated by the appropriate ethics commission	3137
pursuant to division (B) of this section.	3138

The disclosure statement shall include all of the following:

3139

(1) The name of the person filing the statement and each	3140
member of the person's immediate family and all names under which	3141
the person or members of the person's immediate family do	3142
business;	3143

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	3144
and except as otherwise provided in section 102.022 of the Revised	3145
Code, identification of every source of income, other than income	3146
from a legislative agent identified in division (A)(2)(b) of this	3147
section, received during the preceding calendar year, in the	3148
person's own name or by any other person for the person's use or	3149
benefit, by the person filing the statement, and a brief	3150
description of the nature of the services for which the income was	3151
received. If the person filing the statement is a member of the	3152
general assembly, the statement shall identify the amount of every	3153
source of income received in accordance with the following ranges	3154
of amounts: zero or more, but less than one thousand dollars; one	3155
thousand dollars or more, but less than ten thousand dollars; ten	3156
thousand dollars or more, but less than twenty-five thousand	3157
dollars; twenty-five thousand dollars or more, but less than fifty	3158
thousand dollars; fifty thousand dollars or more, but less than	3159
one hundred thousand dollars; and one hundred thousand dollars or	3160
more. Division (A)(2)(a) of this section shall not be construed to	3161
require a person filing the statement who derives income from a	3162
business or profession to disclose the individual items of income	3163
that constitute the gross income of that business or profession,	3164
except for those individual items of income that are attributable	3165
to the person's or, if the income is shared with the person, the	3166
partner's, solicitation of services or goods or performance,	3167
arrangement, or facilitation of services or provision of goods on	3168
behalf of the business or profession of clients, including	3169
corporate clients, who are legislative agents. A person who files	3170
the statement under this section shall disclose the identity of	3171
and the amount of income received from a person who the public	3172
official or employee knows or has reason to know is doing or	3173
seeking to do business of any kind with the public official's or	3174
employee's agency.	3175

(b) If the person filing the statement is a member of the	3176
general assembly, the statement shall identify every source of	3177
income and the amount of that income that was received from a	3178
legislative agent during the preceding calendar year, in the	3179
person's own name or by any other person for the person's use or	3180
benefit, by the person filing the statement, and a brief	3181
description of the nature of the services for which the income was	3182
received. Division (A)(2)(b) of this section requires the	3183
disclosure of clients of attorneys or persons licensed under	3184
section 4732.12 of the Revised Code, or patients of persons	3185
certified under section 4731.14 of the Revised Code, if those	3186
clients or patients are legislative agents. Division (A)(2)(b) of	3187
this section requires a person filing the statement who derives	3188
income from a business or profession to disclose those individual	3189
items of income that constitute the gross income of that business	3190
or profession that are received from legislative agents.	3191

(c) Except as otherwise provided in division (A)(2)(c) of	3192
this section, division (A)(2)(a) of this section applies to	3193
attorneys, physicians, and other persons who engage in the	3194
practice of a profession and who, pursuant to a section of the	3195
Revised Code, the common law of this state, a code of ethics	3196
applicable to the profession, or otherwise, generally are required	3197
not to reveal, disclose, or use confidences of clients, patients,	3198
or other recipients of professional services except under	3199
specified circumstances or generally are required to maintain	3200
those types of confidences as privileged communications except	3201
under specified circumstances. Division (A)(2)(a) of this section	3202
does not require an attorney, physician, or other professional	3203
subject to a confidentiality requirement as described in division	3204
(A)(2)(c) of this section to disclose the name, other identity, or	3205
address of a client, patient, or other recipient of professional	3206
services if the disclosure would threaten the client, patient, or	3207
other recipient of professional services, would reveal details of	3208
the subject matter for which legal, medical, or professional	3209
advice or other services were sought, or would reveal an otherwise	3210
privileged communication involving the client, patient, or other	3211
recipient of professional services. Division (A)(2)(a) of this	3212
section does not require an attorney, physician, or other	3213
professional subject to a confidentiality requirement as described	3214
in division (A)(2)(c) of this section to disclose in the brief	3215
description of the nature of services required by division	3216
(A)(2)(a) of this section any information pertaining to specific	3217
professional services rendered for a client, patient, or other	3218
recipient of professional services that would reveal details of	3219
the subject matter for which legal, medical, or professional	3220
advice was sought or would reveal an otherwise privileged	3221
communication involving the client, patient, or other recipient of	3222
professional services.	3223

(3) The name of every corporation on file with the secretary	3224
of state that is incorporated in this state or holds a certificate	3225
of compliance authorizing it to do business in this state, trust,	3226
business trust, partnership, or association that transacts	3227
business in this state in which the person filing the statement or	3228
any other person for the person's use and benefit had during the	3229
preceding calendar year an investment of over one thousand dollars	3230
at fair market value as of the thirty-first day of December of the	3231
preceding calendar year, or the date of disposition, whichever is	3232
earlier, or in which the person holds any office or has a	3233
fiduciary relationship, and a description of the nature of the	3234
investment, office, or relationship. Division (A)(3) of this	3235
section does not require disclosure of the name of any bank,	3236
savings and loan association, credit union, or building and loan	3237
association with which the person filing the statement has a	3238
deposit or a withdrawable share account.	3239

(4) All fee simple and leasehold interests to which the	3240
person filing the statement holds legal title to or a beneficial	3241
interest in real property located within the state, excluding the	3242
person's residence and property used primarily for personal	3243
recreation;	3244

(5) The names of all persons residing or transacting business	3245
in the state to whom the person filing the statement owes, in the	3246
person's own name or in the name of any other person, more than	3247
one thousand dollars. Division (A)(5) of this section shall not be	3248
construed to require the disclosure of debts owed by the person	3249
resulting from the ordinary conduct of a business or profession or	3250
debts on the person's residence or real property used primarily	3251
for personal recreation, except that the superintendent of	3252
financial institutions shall disclose the names of all	3253
state-chartered savings and loan associations and of all service	3254
corporations subject to regulation under division (E)(2) of	3255
section 1151.34 of the Revised Code to whom the superintendent in	3256
the superintendent's own name or in the name of any other person	3257
owes any money, and that the superintendent and any deputy	3258
superintendent of banks shall disclose the names of all	3259
state-chartered banks and all bank subsidiary corporations subject	3260
to regulation under section 1109.44 of the Revised Code to whom	3261
the superintendent or deputy superintendent owes any money.	3262

(6) The names of all persons residing or transacting business	3263
in the state, other than a depository excluded under division	3264
(A)(3) of this section, who owe more than one thousand dollars to	3265
the person filing the statement, either in the person's own name	3266
or to any person for the person's use or benefit. Division (A)(6)	3267
of this section shall not be construed to require the disclosure	3268
of clients of attorneys or persons licensed under section 4732.12	3269
or 4732.15 of the Revised Code, or patients of persons certified	3270
under section 4731.14 of the Revised Code, nor the disclosure of	3271
debts owed to the person resulting from the ordinary conduct of a	3272
business or profession.	3273

(7) Except as otherwise provided in section 102.022 of the	3274
Revised Code, the source of each gift of over seventy-five	3275
dollars, or of each gift of over twenty-five dollars received by a	3276
member of the general assembly from a legislative agent, received	3277
by the person in the person's own name or by any other person for	3278
the person's use or benefit during the preceding calendar year,	3279
except gifts received by will or by virtue of section 2105.06 of	3280
the Revised Code, or received from spouses, parents, grandparents,	3281
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	3282
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	3283
fathers-in-law, mothers-in-law, or any person to whom the person	3284
filing the statement stands in loco parentis, or received by way	3285
of distribution from any inter vivos or testamentary trust	3286
established by a spouse or by an ancestor;	3287

(8) Except as otherwise provided in section 102.022 of the	3288
Revised Code, identification of the source and amount of every	3289
payment of expenses incurred for travel to destinations inside or	3290
outside this state that is received by the person in the person's	3291
own name or by any other person for the person's use or benefit	3292
and that is incurred in connection with the person's official	3293
duties, except for expenses for travel to meetings or conventions	3294
of a national or state organization to which any state agency,	3295
including, but not limited to, any legislative agency or state	3296
institution of higher education as defined in section 3345.011 of	3297
the Revised Code, pays membership dues, or any political	3298
subdivision or any office or agency of a political subdivision	3299
pays membership dues;	3300

(9) Except as otherwise provided in section 102.022 of the	3301
Revised Code, identification of the source of payment of expenses	3302
for meals and other food and beverages, other than for meals and	3303
other food and beverages provided at a meeting at which the person	3304
participated in a panel, seminar, or speaking engagement or at a	3305
meeting or convention of a national or state organization to which	3306
any state agency, including, but not limited to, any legislative	3307
agency or state institution of higher education as defined in	3308
section 3345.011 of the Revised Code, pays membership dues, or any	3309
political subdivision or any office or agency of a political	3310
subdivision pays membership dues, that are incurred in connection	3311
with the person's official duties and that exceed one hundred	3312
dollars aggregated per calendar year;	3313

(10) If the disclosure statement is filed by a public	3314
official or employee described in division (B)(2) of section	3315
101.73 of the Revised Code or division (B)(2) of section 121.63 of	3316
the Revised Code who receives a statement from a legislative	3317
agent, executive agency lobbyist, or employer that contains the	3318
information described in division (F)(2) of section 101.73 of the	3319
Revised Code or division (G)(2) of section 121.63 of the Revised	3320
Code, all of the nondisputed information contained in the	3321
statement delivered to that public official or employee by the	3322
legislative agent, executive agency lobbyist, or employer under	3323
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	3324
the Revised Code.	3325

A person may file a statement required by this section in	3326
person or by mail. A person who is a candidate for elective office	3327
shall file the statement no later than the thirtieth day before	3328
the primary, special, or general election at which the candidacy	3329
is to be voted on, whichever election occurs soonest, except that	3330
a person who is a write-in candidate shall file the statement no	3331
later than the twentieth day before the earliest election at which	3332
the person's candidacy is to be voted on. A person who holds	3333
elective office shall file the statement on or before the	3334
fifteenth day of April of each year unless the person is a	3335
candidate for office. A person who is appointed to fill a vacancy	3336
for an unexpired term in an elective office shall file the	3337
statement within fifteen days after the person qualifies for	3338
office. Other persons shall file an annual statement on or before	3339
the fifteenth day of April or, if appointed or employed after that	3340
date, within ninety days after appointment or employment. No	3341
person shall be required to file with the appropriate ethics	3342
commission more than one statement or pay more than one filing fee	3343
for any one calendar year.	3344

The appropriate ethics commission, for good cause, may extend	3345
for a reasonable time the deadline for filing a statement under	3346
this section.	3347

A statement filed under this section is subject to public	3348
inspection at locations designated by the appropriate ethics	3349
commission except as otherwise provided in this section.	3350

(B) The Ohio ethics commission, the joint legislative ethics	3351
committee, and the board of commissioners on grievances and	3352
discipline of the supreme court, using the rule-making procedures	3353
of Chapter 119. of the Revised Code, may require any class of	3354
public officials or employees under its jurisdiction and not	3355
specifically excluded by this section whose positions involve a	3356
substantial and material exercise of administrative discretion in	3357
the formulation of public policy, expenditure of public funds,	3358
enforcement of laws and rules of the state or a county or city, or	3359
the execution of other public trusts, to file an annual statement	3360
on or before the fifteenth day of April under division (A) of this	3361
section. The appropriate ethics commission shall send the public	3362
officials or employees written notice of the requirement by the	3363
fifteenth day of February of each year the filing is required	3364
unless the public official or employee is appointed after that	3365
date, in which case the notice shall be sent within thirty days	3366
after appointment, and the filing shall be made not later than	3367
ninety days after appointment.	3368

Except for disclosure statements filed by members of the	3369
board of trustees and the executive director of the southern Ohio	3370
agricultural and community development foundation, disclosure	3371
statements filed under this division with the Ohio ethics	3372
commission by members of boards, commissions, or bureaus of the	3373
state for which no compensation is received other than reasonable	3374
and necessary expenses shall be kept confidential. Disclosure	3375
statements filed with the Ohio ethics commission under division	3376
(A) of this section by business managers, treasurers, and	3377
superintendents of city, local, exempted village, joint	3378
vocational, or cooperative education school districts or	3379
educational service centers shall be kept confidential, except	3380
that any person conducting an audit of any such school district or	3381
educational service center pursuant to section 115.56 or Chapter	3382
117. of the Revised Code may examine the disclosure statement of	3383
any business manager, treasurer, or superintendent of that school	3384
district or educational service center. Disclosure statements	3385
filed with the Ohio ethics commission under division (A) of this	3386
section by the individuals set forth in division (B)(2) of section	3387
187.03 of the Revised Code shall be kept confidential. The Ohio	3388
ethics commission shall examine each disclosure statement required	3389
to be kept confidential to determine whether a potential conflict	3390
of interest exists for the person who filed the disclosure	3391
statement. A potential conflict of interest exists if the private	3392
interests of the person, as indicated by the person's disclosure	3393
statement, might interfere with the public interests the person is	3394
required to serve in the exercise of the person's authority and	3395
duties in the person's office or position of employment. If the	3396
commission determines that a potential conflict of interest	3397
exists, it shall notify the person who filed the disclosure	3398
statement and shall make the portions of the disclosure statement	3399
that indicate a potential conflict of interest subject to public	3400
inspection in the same manner as is provided for other disclosure	3401
statements. Any portion of the disclosure statement that the	3402
commission determines does not indicate a potential conflict of	3403
interest shall be kept confidential by the commission and shall	3404
not be made subject to public inspection, except as is necessary	3405
for the enforcement of Chapters 102. and 2921. of the Revised Code	3406
and except as otherwise provided in this division.	3407

(C) No person shall knowingly fail to file, on or before the	3408
applicable filing deadline established under this section, a	3409
statement that is required by this section.	3410

(D) No person shall knowingly file a false statement that is	3411
required to be filed under this section.	3412

(E)(1) Except as provided in divisions (E)(2) and (3) of this	3413
section, the statement required by division (A) or (B) of this	3414
section shall be accompanied by a filing fee of forty dollars.	3415

(2) The statement required by division (A) of this section	3416
shall be accompanied by the following filing fee to be paid by the	3417
person who is elected or appointed to, or is a candidate for, any	3418
of the following offices:	3419

For state office, except member of the		3420
state board of education	$65	3421
For office of member of general assembly	$40	3422
For county office	$40	3423
For city office	$25	3424
For office of member of the state board		3425
of education	$25	3426
For office of member of the Ohio		3427
livestock care standards board	$25	3428
For office of member of a city, local,		3429
exempted village, or cooperative		3430
education board of		3431
education or educational service		3432
center governing board	$20	3433
For position of business manager,		3434
treasurer, or superintendent of a		3435
city, local, exempted village, joint		3436
vocational, or cooperative education		3437
school district or		3438
educational service center	$20	3439

(3) No judge of a court of record or candidate for judge of a	3440
court of record, and no referee or magistrate serving a court of	3441
record, shall be required to pay the fee required under division	3442
(E)(1) or (2) or (F) of this section.	3443

(4) For any public official who is appointed to a nonelective	3444
office of the state and for any employee who holds a nonelective	3445
position in a public agency of the state, the state agency that is	3446
the primary employer of the state official or employee shall pay	3447
the fee required under division (E)(1) or (F) of this section.	3448

(F) If a statement required to be filed under this section is	3449
not filed by the date on which it is required to be filed, the	3450
appropriate ethics commission shall assess the person required to	3451
file the statement a late filing fee of ten dollars for each day	3452
the statement is not filed, except that the total amount of the	3453
late filing fee shall not exceed two hundred fifty dollars.	3454

(G)(1) The appropriate ethics commission other than the Ohio	3455
ethics commission and the joint legislative ethics committee shall	3456
deposit all fees it receives under divisions (E) and (F) of this	3457
section into the general revenue fund of the state.	3458

(2) The Ohio ethics commission shall deposit all receipts,	3459
including, but not limited to, fees it receives under divisions	3460
(E) and (F) of this section, investigative or other fees, costs,	3461
or other funds it receives as a result of court orders, and all	3462
moneys it receives from settlements under division (G) of section	3463
102.06 of the Revised Code, into the Ohio ethics commission fund,	3464
which is hereby created in the state treasury. All moneys credited	3465
to the fund shall be used solely for expenses related to the	3466
operation and statutory functions of the commission.	3467

(3) The joint legislative ethics committee shall deposit all	3468
receipts it receives from the payment of financial disclosure	3469
statement filing fees under divisions (E) and (F) of this section	3470
into the joint legislative ethics committee investigative fund.	3471

(H) Division (A) of this section does not apply to a person	3472
elected or appointed to the office of precinct, ward, or district	3473
committee member under Chapter 3517. of the Revised Code; a	3474
presidential elector; a delegate to a national convention; village	3475
or township officials and employees; any physician or psychiatrist	3476
who is paid a salary or wage in accordance with schedule C of	3477
section 124.15 or schedule E-2 of section 124.152 of the Revised	3478
Code and whose primary duties do not require the exercise of	3479
administrative discretion; or any member of a board, commission,	3480
or bureau of any county or city who receives less than one	3481
thousand dollars per year for serving in that position.	3482

Sec. 105.41. (A) There is hereby created in the legislative	3483
branch of government the capitol square review and advisory board,	3484
consisting of thirteen members as follows:	3485

(1) Two members of the senate, appointed by the president of	3486
the senate, both of whom shall not be members of the same	3487
political party;	3488

(2) Two members of the house of representatives, appointed by	3489
the speaker of the house of representatives, both of whom shall	3490
not be members of the same political party;	3491

(3) Five members appointed by the governor, with the advice	3492
and consent of the senate, not more than three of whom shall be	3493
members of the same political party, one of whom shall be the	3494
chief of staff of the governor's office, one of whom shall	3495
represent the Ohio arts council, one of whom shall represent the	3496
Ohio historical society, one of whom shall represent the Ohio	3497
building authority, and one of whom shall represent the public at	3498
large;	3499

(4) One member, who shall be a former president of the	3500
senate, appointed by the current president of the senate. If the	3501
current president of the senate, in the current president's	3502
discretion, decides for any reason not to make the appointment or	3503
if no person is eligible or available to serve, the seat shall	3504
remain vacant.	3505

(5) One member, who shall be a former speaker of the house of	3506
representatives, appointed by the current speaker of the house of	3507
representatives. If the current speaker of the house of	3508
representatives, in the current speaker's discretion, decides for	3509
any reason not to make the appointment or if no person is eligible	3510
or available to serve, the seat shall remain vacant.	3511

(6) The clerk of the senate and the clerk of the house of	3512
representatives.	3513

(B) Terms of office of each appointed member of the board	3514
shall be for three years, except that members of the general	3515
assembly appointed to the board shall be members of the board only	3516
so long as they are members of the general assembly and the chief	3517
of staff of the governor's office shall be a member of the board	3518
only so long as the appointing governor remains in office. Each	3519
member shall hold office from the date of the member's appointment	3520
until the end of the term for which the member was appointed. In	3521
case of a vacancy occurring on the board, the president of the	3522
senate, the speaker of the house of representatives, or the	3523
governor, as the case may be, shall in the same manner prescribed	3524
for the regular appointment to the commission, fill the vacancy by	3525
appointing a member. Any member appointed to fill a vacancy	3526
occurring prior to the expiration of the term for which the	3527
member's predecessor was appointed shall hold office for the	3528
remainder of the term. Any appointed member shall continue in	3529
office subsequent to the expiration date of the member's term	3530
until the member's successor takes office, or until a period of	3531
sixty days has elapsed, whichever occurs first.	3532

(C) The board shall hold meetings in a manner and at times	3533
prescribed by the rules adopted by the board. A majority of the	3534
board constitutes a quorum, and no action shall be taken by the	3535
board unless approved by at least six members or by at least seven	3536
members if a person is appointed under division (A)(4) or (5) of	3537
this section. At its first meeting, the board shall adopt rules	3538
for the conduct of its business and the election of its officers,	3539
and shall organize by selecting a chairperson and other officers	3540
as it considers necessary. Board members shall serve without	3541
compensation but shall be reimbursed for actual and necessary	3542
expenses incurred in the performance of their duties.	3543

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

3544

(1) Employ or hire on a consulting basis professional,	3545
technical, and clerical employees as are necessary for the	3546
performance of its duties;. All employees of the board are in the	3547
unclassified service and serve at the pleasure of the board. For	3548
purposes of section 4117.01 of the Revised Code, employees of the	3549
board shall be considered employees of the general assembly,	3550
except that employees who are covered by a collective bargaining	3551
agreement on the effective date of this amendment shall remain	3552
subject to the agreement until the agreement expires on its terms,	3553
and the agreement shall not be extended or renewed. Upon	3554
expiration of the agreement, the employees are considered	3555
employees of the general assembly for purposes of section 4117.01	3556
of the Revised Code and are in the unclassified service and serve	3557
at the pleasure of the board.	3558

(2) Hold public hearings at times and places as determined by	3559
the board;	3560

(3) Adopt, amend, or rescind rules necessary to accomplish	3561
the duties of the board as set forth in this section;	3562

(4) Sponsor, conduct, and support such social events as the	3563
board may authorize and consider appropriate for the employees of	3564
the board, employees and members of the general assembly,	3565
employees of persons under contract with the board or otherwise	3566
engaged to perform services on the premises of capitol square, or	3567
other persons as the board may consider appropriate. Subject to	3568
the requirements of Chapter 4303. of the Revised Code, the board	3569
may provide beer, wine, and intoxicating liquor, with or without	3570
charge, for those events and may use funds only from the sale of	3571
goods and services fund to purchase the beer, wine, and	3572
intoxicating liquor the board provides;	3573

(5) Purchase a warehouse in which to store items of the	3574
capitol collection trust and, whenever necessary, equipment or	3575
other property of the board.	3576

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

3577

(1) Have sole authority to coordinate and approve any	3578
improvements, additions, and renovations that are made to the	3579
capitol square. The improvements shall include, but not be limited	3580
to, the placement of monuments and sculpture on the capitol	3581
grounds.	3582

(2) Subject to section 3353.07 of the Revised Code, operate	3583
the capitol square, and have sole authority to regulate all uses	3584
of the capitol square. The uses shall include, but not be limited	3585
to, the casual and recreational use of the capitol square.	3586

(3) Employ, fix the compensation of, and prescribe the duties	3587
of the executive director of the board and other employees the	3588
board considers necessary for the performance of its powers and	3589
duties;	3590

(4) Establish and maintain the capitol collection trust. The	3591
capitol collection trust shall consist of furniture, antiques, and	3592
other items of personal property that the board shall store in	3593
suitable facilities until they are ready to be displayed in the	3594
capitol square.	3595

(5) Perform repair, construction, contracting, purchasing,	3596
maintenance, supervisory, and operating activities the board	3597
determines are necessary for the operation and maintenance of the	3598
capitol square;	3599

(6) Maintain and preserve the capitol square, in accordance	3600
with guidelines issued by the United States secretary of the	3601
interior for application of the secretary's standards for	3602
rehabilitation adopted in 36 C.F.R. part 67;	3603

(7) Plan and develop a center at the capitol building for the	3604
purpose of educating visitors about the history of Ohio, including	3605
its political, economic, and social development and the design and	3606
erection of the capitol building and its grounds.	3607

(F)(1) The board shall lease capital facilities improved or	3608
financed by the Ohio building authority pursuant to Chapter 152.	3609
of the Revised Code for the use of the board, and may enter into	3610
any other agreements with the authority ancillary to improvement,	3611
financing, or leasing of those capital facilities, including, but	3612
not limited to, any agreement required by the applicable bond	3613
proceedings authorized by Chapter 152. of the Revised Code. Any	3614
lease of capital facilities authorized by this section shall be	3615
governed by division (D) of section 152.24 of the Revised Code.	3616

(2) Fees, receipts, and revenues received by the board from	3617
the state underground parking garage constitute available receipts	3618
as defined in section 152.09 of the Revised Code, and may be	3619
pledged to the payment of bond service charges on obligations	3620
issued by the Ohio building authority pursuant to Chapter 152. of	3621
the Revised Code to improve, finance, or purchase capital	3622
facilities useful to the board. The authority may, with the	3623
consent of the board, provide in the bond proceedings for a pledge	3624
of all or a portion of those fees, receipts, and revenues as the	3625
authority determines. The authority may provide in the bond	3626
proceedings or by separate agreement with the board for the	3627
transfer of those fees, receipts, and revenues to the appropriate	3628
bond service fund or bond service reserve fund as required to pay	3629
the bond service charges when due, and any such provision for the	3630
transfer of those fees, receipts, and revenues shall be	3631
controlling notwithstanding any other provision of law pertaining	3632
to those fees, receipts, and revenues.	3633

(3) All moneys received by the treasurer of state on account	3634
of the board and required by the applicable bond proceedings or by	3635
separate agreement with the board to be deposited, transferred, or	3636
credited to the bond service fund or bond service reserve fund	3637
established by the bond proceedings shall be transferred by the	3638
treasurer of state to such fund, whether or not it is in the	3639
custody of the treasurer of state, without necessity for further	3640
appropriation, upon receipt of notice from the Ohio building	3641
authority as prescribed in the bond proceedings.	3642

(G) All fees, receipts, and revenues received by the board	3643
from the state underground parking garage shall be deposited into	3644
the state treasury to the credit of the underground parking garage	3645
operating fund, which is hereby created, to be used for the	3646
purposes specified in division (F) of this section and for the	3647
operation and maintenance of the garage. All investment earnings	3648
of the fund shall be credited to the fund.	3649

(H) All donations received by the board shall be deposited	3650
into the state treasury to the credit of the capitol square	3651
renovation gift fund, which is hereby created. The fund shall be	3652
used by the board as follows:	3653

(1) To provide part or all of the funding related to	3654
construction, goods, or services for the renovation of the capitol	3655
square;	3656

(2) To purchase art, antiques, and artifacts for display at	3657
the capitol square;	3658

(3) To award contracts or make grants to organizations for	3659
educating the public regarding the historical background and	3660
governmental functions of the capitol square. Chapters 125., 127.,	3661
and 153. and section 3517.13 of the Revised Code do not apply to	3662
purchases made exclusively from the fund, notwithstanding anything	3663
to the contrary in those chapters or that section. All investment	3664
earnings of the fund shall be credited to the fund.	3665

(I) Except as provided in divisions (G), (H), and (J) of this	3666
section, all fees, receipts, and revenues received by the board	3667
shall be deposited into the state treasury to the credit of the	3668
sale of goods and services fund, which is hereby created. Money	3669
credited to the fund shall be used solely to pay costs of the	3670
board other than those specified in divisions (F) and (G) of this	3671
section. All investment earnings of the fund shall be credited to	3672
the fund.	3673

(J) There is hereby created in the state treasury the capitol	3674
square improvement fund, to be used by the board to pay	3675
construction, renovation, and other costs related to the capitol	3676
square for which money is not otherwise available to the board.	3677
Whenever the board determines that there is a need to incur those	3678
costs and that the unencumbered, unobligated balance to the credit	3679
of the underground parking garage operating fund exceeds the	3680
amount needed for the purposes specified in division (F) of this	3681
section and for the operation and maintenance of the garage, the	3682
board may request the director of budget and management to	3683
transfer from the underground parking garage operating fund to the	3684
capitol square improvement fund the amount needed to pay such	3685
construction, renovation, or other costs. The director then shall	3686
transfer the amount needed from the excess balance of the	3687
underground parking garage operating fund.	3688

(K) As the operation and maintenance of the capitol square	3689
constitute essential government functions of a public purpose, the	3690
board shall not be required to pay taxes or assessments upon the	3691
square, upon any property acquired or used by the board under this	3692
section, or upon any income generated by the operation of the	3693
square.	3694

(L) As used in this section, "capitol square" means the	3695
capitol building, senate building, capitol atrium, capitol	3696
grounds, the state underground parking garage, and the warehouse	3697
owned by the board.	3698

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

3699

Sec. 107.09. Immediately after the determination of each	3700
decennial apportionment for members of the general assembly the	3701
governor shall cause such apportionment to be published for four	3702
consecutive weeks, or as provided in section 7.16 of the Revised	3703
Code, in three newspapers, one in Cincinnati, one in Cleveland,	3704
and one in Columbus.	3705

Sec. 109.36. As used in this section and sections 109.361 to	3706
109.366 of the Revised Code:	3707

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

3708

(a) A person who, at the time a cause of action against the	3709
person arises, is serving in an elected or appointed office or	3710
position with the state or is employed by the state.	3711

(b) A person that, at the time a cause of action against the	3712
person, partnership, or corporation arises, is rendering medical,	3713
nursing, dental, podiatric, optometric, physical therapeutic,	3714
psychiatric, or psychological services pursuant to a personal	3715
services contract or purchased service contract with a department,	3716
agency, or institution of the state.	3717

(c) A person that, at the time a cause of action against the	3718
person, partnership, or corporation arises, is rendering peer	3719
review, utilization review, or drug utilization review services in	3720
relation to medical, nursing, dental, podiatric, optometric,	3721
physical therapeutic, psychiatric, or psychological services	3722
pursuant to a personal services contract or purchased service	3723
contract with a department, agency, or institution of the state.	3724

(d) A person who, at the time a cause of action against the	3725
person arises, is rendering medical, nursing, dental, podiatric,	3726
optometric, physical therapeutic, psychiatric, or psychological	3727
services to patients in a state institution operated by the	3728
department of mental health~~, is a member of the institution's~~	3729
~~staff, and is performing the services~~ pursuant to an agreement	3730
~~between the state institution and a board of alcohol, drug~~	3731
~~addiction, and mental health services described in section 340.021~~	3732
~~of the Revised Code~~with the department.	3733

(2) "Officer or employee" does not include any person	3734
elected, appointed, or employed by any political subdivision of	3735
the state.	3736

(B) "State" means the state of Ohio, including but not	3737
limited to, the general assembly, the supreme court, courts of	3738
appeals, the offices of all elected state officers, and all	3739
departments, boards, offices, commissions, agencies, institutions,	3740
and other instrumentalities of the state of Ohio. "State" does not	3741
include political subdivisions.	3742

(C) "Political subdivisions" of the state means municipal	3743
corporations, townships, counties, school districts, and all other	3744
bodies corporate and politic responsible for governmental	3745
activities only in geographical areas smaller than that of the	3746
state.	3747

(D) "Employer" means the general assembly, the supreme court,	3748
courts of appeals, any office of an elected state officer, or any	3749
department, board, office, commission, agency, institution, or	3750
other instrumentality of the state of Ohio that employs or	3751
contracts with an officer or employee or to which an officer or	3752
employee is elected or appointed.	3753

Sec. 109.57. (A)(1) The superintendent of the bureau of	3754
criminal identification and investigation shall procure from	3755
wherever procurable and file for record photographs, pictures,	3756
descriptions, fingerprints, measurements, and other information	3757
that may be pertinent of all persons who have been convicted of	3758
committing within this state a felony, any crime constituting a	3759
misdemeanor on the first offense and a felony on subsequent	3760
offenses, or any misdemeanor described in division (A)(1)(a),	3761
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	3762
of all children under eighteen years of age who have been	3763
adjudicated delinquent children for committing within this state	3764
an act that would be a felony or an offense of violence if	3765
committed by an adult or who have been convicted of or pleaded	3766
guilty to committing within this state a felony or an offense of	3767
violence, and of all well-known and habitual criminals. The person	3768
in charge of any county, multicounty, municipal, municipal-county,	3769
or multicounty-municipal jail or workhouse, community-based	3770
correctional facility, halfway house, alternative residential	3771
facility, or state correctional institution and the person in	3772
charge of any state institution having custody of a person	3773
suspected of having committed a felony, any crime constituting a	3774
misdemeanor on the first offense and a felony on subsequent	3775
offenses, or any misdemeanor described in division (A)(1)(a),	3776
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	3777
having custody of a child under eighteen years of age with respect	3778
to whom there is probable cause to believe that the child may have	3779
committed an act that would be a felony or an offense of violence	3780
if committed by an adult shall furnish such material to the	3781
superintendent of the bureau. Fingerprints, photographs, or other	3782
descriptive information of a child who is under eighteen years of	3783
age, has not been arrested or otherwise taken into custody for	3784
committing an act that would be a felony or an offense of violence	3785
who is not in any other category of child specified in this	3786
division, if committed by an adult, has not been adjudicated a	3787
delinquent child for committing an act that would be a felony or	3788
an offense of violence if committed by an adult, has not been	3789
convicted of or pleaded guilty to committing a felony or an	3790
offense of violence, and is not a child with respect to whom there	3791
is probable cause to believe that the child may have committed an	3792
act that would be a felony or an offense of violence if committed	3793
by an adult shall not be procured by the superintendent or	3794
furnished by any person in charge of any county, multicounty,	3795
municipal, municipal-county, or multicounty-municipal jail or	3796
workhouse, community-based correctional facility, halfway house,	3797
alternative residential facility, or state correctional	3798
institution, except as authorized in section 2151.313 of the	3799
Revised Code.	3800

(2) Every clerk of a court of record in this state, other	3801
than the supreme court or a court of appeals, shall send to the	3802
superintendent of the bureau a weekly report containing a summary	3803
of each case involving a felony, involving any crime constituting	3804
a misdemeanor on the first offense and a felony on subsequent	3805
offenses, involving a misdemeanor described in division (A)(1)(a),	3806
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	3807
or involving an adjudication in a case in which a child under	3808
eighteen years of age was alleged to be a delinquent child for	3809
committing an act that would be a felony or an offense of violence	3810
if committed by an adult. The clerk of the court of common pleas	3811
shall include in the report and summary the clerk sends under this	3812
division all information described in divisions (A)(2)(a) to (f)	3813
of this section regarding a case before the court of appeals that	3814
is served by that clerk. The summary shall be written on the	3815
standard forms furnished by the superintendent pursuant to	3816
division (B) of this section and shall include the following	3817
information:	3818

(a) The incident tracking number contained on the standard	3819
forms furnished by the superintendent pursuant to division (B) of	3820
this section;	3821

(b) The style and number of the case;

3822

3823

(d) The date that the person was convicted of or pleaded	3824
guilty to the offense, adjudicated a delinquent child for	3825
committing the act that would be a felony or an offense of	3826
violence if committed by an adult, found not guilty of the	3827
offense, or found not to be a delinquent child for committing an	3828
act that would be a felony or an offense of violence if committed	3829
by an adult, the date of an entry dismissing the charge, an entry	3830
declaring a mistrial of the offense in which the person is	3831
discharged, an entry finding that the person or child is not	3832
competent to stand trial, or an entry of a nolle prosequi, or the	3833
date of any other determination that constitutes final resolution	3834
of the case;	3835

(e) A statement of the original charge with the section of	3836
the Revised Code that was alleged to be violated;	3837

(f) If the person or child was convicted, pleaded guilty, or	3838
was adjudicated a delinquent child, the sentence or terms of	3839
probation imposed or any other disposition of the offender or the	3840
delinquent child.	3841

If the offense involved the disarming of a law enforcement	3842
officer or an attempt to disarm a law enforcement officer, the	3843
clerk shall clearly state that fact in the summary, and the	3844
superintendent shall ensure that a clear statement of that fact is	3845
placed in the bureau's records.	3846

(3) The superintendent shall cooperate with and assist	3847
sheriffs, chiefs of police, and other law enforcement officers in	3848
the establishment of a complete system of criminal identification	3849
and in obtaining fingerprints and other means of identification of	3850
all persons arrested on a charge of a felony, any crime	3851
constituting a misdemeanor on the first offense and a felony on	3852
subsequent offenses, or a misdemeanor described in division	3853
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	3854
Revised Code and of all children under eighteen years of age	3855
arrested or otherwise taken into custody for committing an act	3856
that would be a felony or an offense of violence if committed by	3857
an adult. The superintendent also shall file for record the	3858
fingerprint impressions of all persons confined in a county,	3859
multicounty, municipal, municipal-county, or multicounty-municipal	3860
jail or workhouse, community-based correctional facility, halfway	3861
house, alternative residential facility, or state correctional	3862
institution for the violation of state laws and of all children	3863
under eighteen years of age who are confined in a county,	3864
multicounty, municipal, municipal-county, or multicounty-municipal	3865
jail or workhouse, community-based correctional facility, halfway	3866
house, alternative residential facility, or state correctional	3867
institution or in any facility for delinquent children for	3868
committing an act that would be a felony or an offense of violence	3869
if committed by an adult, and any other information that the	3870
superintendent may receive from law enforcement officials of the	3871
state and its political subdivisions.	3872

(4) The superintendent shall carry out Chapter 2950. of the	3873
Revised Code with respect to the registration of persons who are	3874
convicted of or plead guilty to a sexually oriented offense or a	3875
child-victim oriented offense and with respect to all other duties	3876
imposed on the bureau under that chapter.	3877

(5) The bureau shall perform centralized recordkeeping	3878
functions for criminal history records and services in this state	3879
for purposes of the national crime prevention and privacy compact	3880
set forth in section 109.571 of the Revised Code and is the	3881
criminal history record repository as defined in that section for	3882
purposes of that compact. The superintendent or the	3883
superintendent's designee is the compact officer for purposes of	3884
that compact and shall carry out the responsibilities of the	3885
compact officer specified in that compact.	3886

(B) The superintendent shall prepare and furnish to every	3887
county, multicounty, municipal, municipal-county, or	3888
multicounty-municipal jail or workhouse, community-based	3889
correctional facility, halfway house, alternative residential	3890
facility, or state correctional institution and to every clerk of	3891
a court in this state specified in division (A)(2) of this section	3892
standard forms for reporting the information required under	3893
division (A) of this section. The standard forms that the	3894
superintendent prepares pursuant to this division may be in a	3895
tangible format, in an electronic format, or in both tangible	3896
formats and electronic formats.	3897

(C)(1) The superintendent may operate a center for	3898
electronic, automated, or other data processing for the storage	3899
and retrieval of information, data, and statistics pertaining to	3900
criminals and to children under eighteen years of age who are	3901
adjudicated delinquent children for committing an act that would	3902
be a felony or an offense of violence if committed by an adult,	3903
criminal activity, crime prevention, law enforcement, and criminal	3904
justice, and may establish and operate a statewide communications	3905
network to be known as the Ohio law enforcement gateway to gather	3906
and disseminate information, data, and statistics for the use of	3907
law enforcement agencies and for other uses specified in this	3908
division. The superintendent may gather, store, retrieve, and	3909
disseminate information, data, and statistics that pertain to	3910
children who are under eighteen years of age and that are gathered	3911
pursuant to sections 109.57 to 109.61 of the Revised Code together	3912
with information, data, and statistics that pertain to adults and	3913
that are gathered pursuant to those sections.	3914

(2) The superintendent or the superintendent's designee shall	3915
gather information of the nature described in division (C)(1) of	3916
this section that pertains to the offense and delinquency history	3917
of a person who has been convicted of, pleaded guilty to, or been	3918
adjudicated a delinquent child for committing a sexually oriented	3919
offense or a child-victim oriented offense for inclusion in the	3920
state registry of sex offenders and child-victim offenders	3921
maintained pursuant to division (A)(1) of section 2950.13 of the	3922
Revised Code and in the internet database operated pursuant to	3923
division (A)(13) of that section and for possible inclusion in the	3924
internet database operated pursuant to division (A)(11) of that	3925
section.	3926

(3) In addition to any other authorized use of information,	3927
data, and statistics of the nature described in division (C)(1) of	3928
this section, the superintendent or the superintendent's designee	3929
may provide and exchange the information, data, and statistics	3930
pursuant to the national crime prevention and privacy compact as	3931
described in division (A)(5) of this section.	3932

(4) The attorney general may adopt rules under Chapter 119.	3933
of the Revised Code establishing guidelines for the operation of	3934
and participation in the Ohio law enforcement gateway. The rules	3935
may include criteria for granting and restricting access to	3936
information gathered and disseminated through the Ohio law	3937
enforcement gateway. The attorney general may appoint a steering	3938
committee to advise the attorney general in the operation of the	3939
Ohio law enforcement gateway that is comprised of persons who are	3940
representatives of the criminal justice agencies in this state	3941
that use the Ohio law enforcement gateway and is chaired by the	3942
superintendent or the superintendent's designee.	3943

(D)(1) The following are not public records under section	3944
149.43 of the Revised Code:	3945

(a) Information and materials furnished to the superintendent	3946
pursuant to division (A) of this section;	3947

(b) Information, data, and statistics gathered or	3948
disseminated through the Ohio law enforcement gateway pursuant to	3949
division (C)(1) of this section;	3950

(c) Information and materials furnished to any board or	3951
person under division (F) or (G) of this section.	3952

(2) The superintendent or the superintendent's designee shall	3953
gather and retain information so furnished under division (A) of	3954
this section that pertains to the offense and delinquency history	3955
of a person who has been convicted of, pleaded guilty to, or been	3956
adjudicated a delinquent child for committing a sexually oriented	3957
offense or a child-victim oriented offense for the purposes	3958
described in division (C)(2) of this section.	3959

(E) The attorney general shall adopt rules, in accordance	3960
with Chapter 119. of the Revised Code, setting forth the procedure	3961
by which a person may receive or release information gathered by	3962
the superintendent pursuant to division (A) of this section. A	3963
reasonable fee may be charged for this service. If a temporary	3964
employment service submits a request for a determination of	3965
whether a person the service plans to refer to an employment	3966
position has been convicted of or pleaded guilty to an offense	3967
listed in division (A)(1), (3), (4), (5), or (6) of section	3968
109.572 of the Revised Code, the request shall be treated as a	3969
single request and only one fee shall be charged.	3970

(F)(1) As used in division (F)(2) of this section, "head	3971
start agency" means an entity in this state that has been approved	3972
to be an agency for purposes of subchapter II of the "Community	3973
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	3974
as amended.	3975

(2)(a) In addition to or in conjunction with any request that	3976
is required to be made under section 109.572, 2151.86, 3301.32,	3977
3301.541, division (C) of section 3310.58, or section 3319.39,	3978
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	3979
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	3980
under section 3314.41, 3319.392, or 3326.25, or 3328.20 of the	3981
Revised Code, the board of education of any school district; the	3982
director of developmental disabilities; any county board of	3983
developmental disabilities; any entity under contract with a	3984
county board of developmental disabilities; the chief	3985
administrator of any chartered nonpublic school; the chief	3986
administrator of a registered private provider that is not also a	3987
chartered nonpublic school; the chief administrator of any home	3988
health agency; the chief administrator of or person operating any	3989
child day-care center, type A family day-care home, or type B	3990
family day-care home licensed or certified under Chapter 5104. of	3991
the Revised Code; the administrator of any type C family day-care	3992
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	3993
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	3994
general assembly; the chief administrator of any head start	3995
agency; the executive director of a public children services	3996
agency; a private company described in section 3314.41, 3319.392,	3997
or 3326.25, or 3328.20 of the Revised Code; or an employer	3998
described in division (J)(2) of section 3327.10 of the Revised	3999
Code may request that the superintendent of the bureau investigate	4000
and determine, with respect to any individual who has applied for	4001
employment in any position after October 2, 1989, or any	4002
individual wishing to apply for employment with a board of	4003
education may request, with regard to the individual, whether the	4004
bureau has any information gathered under division (A) of this	4005
section that pertains to that individual. On receipt of the	4006
request, the superintendent shall determine whether that	4007
information exists and, upon request of the person, board, or	4008
entity requesting information, also shall request from the federal	4009
bureau of investigation any criminal records it has pertaining to	4010
that individual. The superintendent or the superintendent's	4011
designee also may request criminal history records from other	4012
states or the federal government pursuant to the national crime	4013
prevention and privacy compact set forth in section 109.571 of the	4014
Revised Code. Within thirty days of the date that the	4015
superintendent receives a request, the superintendent shall send	4016
to the board, entity, or person a report of any information that	4017
the superintendent determines exists, including information	4018
contained in records that have been sealed under section 2953.32	4019
of the Revised Code, and, within thirty days of its receipt, shall	4020
send the board, entity, or person a report of any information	4021
received from the federal bureau of investigation, other than	4022
information the dissemination of which is prohibited by federal	4023
law.	4024

(b) When a board of education or a registered private	4025
provider is required to receive information under this section as	4026
a prerequisite to employment of an individual pursuant to division	4027
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	4028
may accept a certified copy of records that were issued by the	4029
bureau of criminal identification and investigation and that are	4030
presented by an individual applying for employment with the	4031
district in lieu of requesting that information itself. In such a	4032
case, the board shall accept the certified copy issued by the	4033
bureau in order to make a photocopy of it for that individual's	4034
employment application documents and shall return the certified	4035
copy to the individual. In a case of that nature, a district or	4036
provider only shall accept a certified copy of records of that	4037
nature within one year after the date of their issuance by the	4038
bureau.	4039

(c) Notwithstanding division (F)(2)(a) of this section, in	4040
the case of a request under section 3319.39, 3319.391, or 3327.10	4041
of the Revised Code only for criminal records maintained by the	4042
federal bureau of investigation, the superintendent shall not	4043
determine whether any information gathered under division (A) of	4044
this section exists on the person for whom the request is made.	4045

(3) The state board of education may request, with respect to	4046
any individual who has applied for employment after October 2,	4047
1989, in any position with the state board or the department of	4048
education, any information that a school district board of	4049
education is authorized to request under division (F)(2) of this	4050
section, and the superintendent of the bureau shall proceed as if	4051
the request has been received from a school district board of	4052
education under division (F)(2) of this section.	4053

(4) When the superintendent of the bureau receives a request	4054
for information under section 3319.291 of the Revised Code, the	4055
superintendent shall proceed as if the request has been received	4056
from a school district board of education and shall comply with	4057
divisions (F)(2)(a) and (c) of this section.	4058

(5) When a recipient of a classroom reading improvement grant	4059
paid under section 3301.86 of the Revised Code requests, with	4060
respect to any individual who applies to participate in providing	4061
any program or service funded in whole or in part by the grant,	4062
the information that a school district board of education is	4063
authorized to request under division (F)(2)(a) of this section,	4064
the superintendent of the bureau shall proceed as if the request	4065
has been received from a school district board of education under	4066
division (F)(2)(a) of this section.	4067

(G) In addition to or in conjunction with any request that is	4068
required to be made under section 3701.881, 3712.09, 3721.121,	4069
5119.693, or ~~3722.151~~5119.85 of the Revised Code with respect to	4070
an individual who has applied for employment in a position that	4071
involves providing direct care to an older adult or adult	4072
resident, the chief administrator of a home health agency, hospice	4073
care program, home licensed under Chapter 3721. of the Revised	4074
Code, adult day-care program operated pursuant to rules adopted	4075
under section 3721.04 of the Revised Code, adult foster home, or	4076
adult care facility may request that the superintendent of the	4077
bureau investigate and determine, with respect to any individual	4078
who has applied after January 27, 1997, for employment in a	4079
position that does not involve providing direct care to an older	4080
adult or adult resident, whether the bureau has any information	4081
gathered under division (A) of this section that pertains to that	4082
individual.	4083

In addition to or in conjunction with any request that is	4084
required to be made under section 173.27 of the Revised Code with	4085
respect to an individual who has applied for employment in a	4086
position that involves providing ombudsperson services to	4087
residents of long-term care facilities or recipients of	4088
community-based long-term care services, the state long-term care	4089
ombudsperson, ombudsperson's designee, or director of health may	4090
request that the superintendent investigate and determine, with	4091
respect to any individual who has applied for employment in a	4092
position that does not involve providing such ombudsperson	4093
services, whether the bureau has any information gathered under	4094
division (A) of this section that pertains to that applicant.	4095

In addition to or in conjunction with any request that is	4096
required to be made under section 173.394 of the Revised Code with	4097
respect to an individual who has applied for employment in a	4098
position that involves providing direct care to an individual, the	4099
chief administrator of a community-based long-term care agency may	4100
request that the superintendent investigate and determine, with	4101
respect to any individual who has applied for employment in a	4102
position that does not involve providing direct care, whether the	4103
bureau has any information gathered under division (A) of this	4104
section that pertains to that applicant.	4105

On receipt of a request under this division, the	4106
superintendent shall determine whether that information exists	4107
and, on request of the individual requesting information, shall	4108
also request from the federal bureau of investigation any criminal	4109
records it has pertaining to the applicant. The superintendent or	4110
the superintendent's designee also may request criminal history	4111
records from other states or the federal government pursuant to	4112
the national crime prevention and privacy compact set forth in	4113
section 109.571 of the Revised Code. Within thirty days of the	4114
date a request is received, the superintendent shall send to the	4115
requester a report of any information determined to exist,	4116
including information contained in records that have been sealed	4117
under section 2953.32 of the Revised Code, and, within thirty days	4118
of its receipt, shall send the requester a report of any	4119
information received from the federal bureau of investigation,	4120
other than information the dissemination of which is prohibited by	4121
federal law.	4122

(H) Information obtained by a government entity or person	4123
under this section is confidential and shall not be released or	4124
disseminated.	4125

(I) The superintendent may charge a reasonable fee for	4126
providing information or criminal records under division (F)(2) or	4127
(G) of this section.	4128

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

4129

(1) "Sexually oriented offense" and "child-victim oriented	4130
offense" have the same meanings as in section 2950.01 of the	4131
Revised Code.	4132

(2) "Registered private provider" means a nonpublic school or	4133
entity registered with the superintendent of public instruction	4134
under section 3310.41 of the Revised Code to participate in the	4135
autism scholarship program or section 3310.58 of the Revised Code	4136
to participate in the special education scholarship program.	4137

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	4138
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	4139
a completed form prescribed pursuant to division (C)(1) of this	4140
section, and a set of fingerprint impressions obtained in the	4141
manner described in division (C)(2) of this section, the	4142
superintendent of the bureau of criminal identification and	4143
investigation shall conduct a criminal records check in the manner	4144
described in division (B) of this section to determine whether any	4145
information exists that indicates that the person who is the	4146
subject of the request previously has been convicted of or pleaded	4147
guilty to any of the following:	4148

(a) A violation of section 2903.01, 2903.02, 2903.03,	4149
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4150
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4151
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4152
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	4153
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	4154
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	4155
2925.06, or 3716.11 of the Revised Code, felonious sexual	4156
penetration in violation of former section 2907.12 of the Revised	4157
Code, a violation of section 2905.04 of the Revised Code as it	4158
existed prior to July 1, 1996, a violation of section 2919.23 of	4159
the Revised Code that would have been a violation of section	4160
2905.04 of the Revised Code as it existed prior to July 1, 1996,	4161
had the violation been committed prior to that date, or a	4162
violation of section 2925.11 of the Revised Code that is not a	4163
minor drug possession offense;	4164

(b) A violation of an existing or former law of this state,	4165
any other state, or the United States that is substantially	4166
equivalent to any of the offenses listed in division (A)(1)(a) of	4167
this section.	4168

(2) On receipt of a request pursuant to section 5123.081 of	4169
the Revised Code with respect to an applicant for employment in	4170
any position with the department of developmental disabilities,	4171
pursuant to section 5126.28 of the Revised Code with respect to an	4172
applicant for employment in any position with a county board of	4173
developmental disabilities, or pursuant to section 5126.281 of the	4174
Revised Code with respect to an applicant for employment in a	4175
direct services position with an entity contracting with a county	4176
board for employment, a completed form prescribed pursuant to	4177
division (C)(1) of this section, and a set of fingerprint	4178
impressions obtained in the manner described in division (C)(2) of	4179
this section, the superintendent of the bureau of criminal	4180
identification and investigation shall conduct a criminal records	4181
check. The superintendent shall conduct the criminal records check	4182
in the manner described in division (B) of this section to	4183
determine whether any information exists that indicates that the	4184
person who is the subject of the request has been convicted of or	4185
pleaded guilty to any of the following:	4186

(a) A violation of section 2903.01, 2903.02, 2903.03,	4187
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4188
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	4189
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	4190
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	4191
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	4192
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	4193
2925.03, or 3716.11 of the Revised Code;	4194

(b) An existing or former municipal ordinance or law of this	4195
state, any other state, or the United States that is substantially	4196
equivalent to any of the offenses listed in division (A)(2)(a) of	4197
this section.	4198

(3) On receipt of a request pursuant to section 173.27,	4199
173.394, 3712.09, 3721.121, 5119.693, or ~~3722.151~~5119.85 of the	4200
Revised Code, a completed form prescribed pursuant to division	4201
(C)(1) of this section, and a set of fingerprint impressions	4202
obtained in the manner described in division (C)(2) of this	4203
section, the superintendent of the bureau of criminal	4204
identification and investigation shall conduct a criminal records	4205
check with respect to any person who has applied for employment in	4206
a position for which a criminal records check is required by those	4207
sections. The superintendent shall conduct the criminal records	4208
check in the manner described in division (B) of this section to	4209
determine whether any information exists that indicates that the	4210
person who is the subject of the request previously has been	4211
convicted of or pleaded guilty to any of the following:	4212

(a) A violation of section 2903.01, 2903.02, 2903.03,	4213
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4214
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	4215
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	4216
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	4217
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	4218
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	4219
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	4220
2925.22, 2925.23, or 3716.11 of the Revised Code;	4221

(b) An existing or former law of this state, any other state,	4222
or the United States that is substantially equivalent to any of	4223
the offenses listed in division (A)(3)(a) of this section.	4224

(4) On receipt of a request pursuant to section 3701.881 of	4225
the Revised Code with respect to an applicant for employment with	4226
a home health agency as a person responsible for the care,	4227
custody, or control of a child, a completed form prescribed	4228
pursuant to division (C)(1) of this section, and a set of	4229
fingerprint impressions obtained in the manner described in	4230
division (C)(2) of this section, the superintendent of the bureau	4231
of criminal identification and investigation shall conduct a	4232
criminal records check. The superintendent shall conduct the	4233
criminal records check in the manner described in division (B) of	4234
this section to determine whether any information exists that	4235
indicates that the person who is the subject of the request	4236
previously has been convicted of or pleaded guilty to any of the	4237
following:	4238

(a) A violation of section 2903.01, 2903.02, 2903.03,	4239
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4240
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	4241
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	4242
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	4243
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4244
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4245
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	4246
violation of section 2925.11 of the Revised Code that is not a	4247
minor drug possession offense;	4248

(b) An existing or former law of this state, any other state,	4249
or the United States that is substantially equivalent to any of	4250
the offenses listed in division (A)(4)(a) of this section.	4251

(5) On receipt of a request pursuant to section 5111.032,	4252
5111.033, or 5111.034 of the Revised Code, a completed form	4253
prescribed pursuant to division (C)(1) of this section, and a set	4254
of fingerprint impressions obtained in the manner described in	4255
division (C)(2) of this section, the superintendent of the bureau	4256
of criminal identification and investigation shall conduct a	4257
criminal records check. The superintendent shall conduct the	4258
criminal records check in the manner described in division (B) of	4259
this section to determine whether any information exists that	4260
indicates that the person who is the subject of the request	4261
previously has been convicted of, has pleaded guilty to, or has	4262
been found eligible for intervention in lieu of conviction for any	4263
of the following, regardless of the date of the conviction, the	4264
date of entry of the guilty plea, or the date the person was found	4265
eligible for intervention in lieu of conviction:	4266

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	4267
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	4268
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	4269
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	4270
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	4271
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4272
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	4273
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	4274
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	4275
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	4276
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	4277
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	4278
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	4279
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	4280
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	4281
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	4282
penetration in violation of former section 2907.12 of the Revised	4283
Code, a violation of section 2905.04 of the Revised Code as it	4284
existed prior to July 1, 1996, a violation of section 2919.23 of	4285
the Revised Code that would have been a violation of section	4286
2905.04 of the Revised Code as it existed prior to July 1, 1996,	4287
had the violation been committed prior to that date;	4288

(b) A violation of an existing or former municipal ordinance	4289
or law of this state, any other state, or the United States that	4290
is substantially equivalent to any of the offenses listed in	4291
division (A)(5)(a) of this section.	4292

(6) On receipt of a request pursuant to section 3701.881 of	4293
the Revised Code with respect to an applicant for employment with	4294
a home health agency in a position that involves providing direct	4295
care to an older adult, a completed form prescribed pursuant to	4296
division (C)(1) of this section, and a set of fingerprint	4297
impressions obtained in the manner described in division (C)(2) of	4298
this section, the superintendent of the bureau of criminal	4299
identification and investigation shall conduct a criminal records	4300
check. The superintendent shall conduct the criminal records check	4301
in the manner described in division (B) of this section to	4302
determine whether any information exists that indicates that the	4303
person who is the subject of the request previously has been	4304
convicted of or pleaded guilty to any of the following:	4305

(a) A violation of section 2903.01, 2903.02, 2903.03,	4306
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4307
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	4308
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	4309
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	4310
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	4311
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	4312
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	4313
2925.22, 2925.23, or 3716.11 of the Revised Code;	4314

(b) An existing or former law of this state, any other state,	4315
or the United States that is substantially equivalent to any of	4316
the offenses listed in division (A)(6)(a) of this section.	4317

(7) When conducting a criminal records check upon a request	4318
pursuant to section 3319.39 of the Revised Code for an applicant	4319
who is a teacher, in addition to the determination made under	4320
division (A)(1) of this section, the superintendent shall	4321
determine whether any information exists that indicates that the	4322
person who is the subject of the request previously has been	4323
convicted of or pleaded guilty to any offense specified in section	4324
3319.31 of the Revised Code.	4325

(8) On receipt of a request pursuant to section 2151.86 of	4326
the Revised Code, a completed form prescribed pursuant to division	4327
(C)(1) of this section, and a set of fingerprint impressions	4328
obtained in the manner described in division (C)(2) of this	4329
section, the superintendent of the bureau of criminal	4330
identification and investigation shall conduct a criminal records	4331
check in the manner described in division (B) of this section to	4332
determine whether any information exists that indicates that the	4333
person who is the subject of the request previously has been	4334
convicted of or pleaded guilty to any of the following:	4335

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	4336
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	4337
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	4338
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	4339
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	4340
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	4341
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	4342
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	4343
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	4344
of the Revised Code, a violation of section 2905.04 of the Revised	4345
Code as it existed prior to July 1, 1996, a violation of section	4346
2919.23 of the Revised Code that would have been a violation of	4347
section 2905.04 of the Revised Code as it existed prior to July 1,	4348
1996, had the violation been committed prior to that date, a	4349
violation of section 2925.11 of the Revised Code that is not a	4350
minor drug possession offense, two or more OVI or OVUAC violations	4351
committed within the three years immediately preceding the	4352
submission of the application or petition that is the basis of the	4353
request, or felonious sexual penetration in violation of former	4354
section 2907.12 of the Revised Code;	4355

(b) A violation of an existing or former law of this state,	4356
any other state, or the United States that is substantially	4357
equivalent to any of the offenses listed in division (A)(8)(a) of	4358
this section.	4359

(9) Upon receipt of a request pursuant to section 5104.012 or	4360
5104.013 of the Revised Code, a completed form prescribed pursuant	4361
to division (C)(1) of this section, and a set of fingerprint	4362
impressions obtained in the manner described in division (C)(2) of	4363
this section, the superintendent of the bureau of criminal	4364
identification and investigation shall conduct a criminal records	4365
check in the manner described in division (B) of this section to	4366
determine whether any information exists that indicates that the	4367
person who is the subject of the request has been convicted of or	4368
pleaded guilty to any of the following:	4369

(a) A violation of section 2903.01, 2903.02, 2903.03,	4370
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	4371
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	4372
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	4373
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	4374
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	4375
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	4376
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	4377
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	4378
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	4379
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	4380
3716.11 of the Revised Code, felonious sexual penetration in	4381
violation of former section 2907.12 of the Revised Code, a	4382
violation of section 2905.04 of the Revised Code as it existed	4383
prior to July 1, 1996, a violation of section 2919.23 of the	4384
Revised Code that would have been a violation of section 2905.04	4385
of the Revised Code as it existed prior to July 1, 1996, had the	4386
violation been committed prior to that date, a violation of	4387
section 2925.11 of the Revised Code that is not a minor drug	4388
possession offense, a violation of section 2923.02 or 2923.03 of	4389
the Revised Code that relates to a crime specified in this	4390
division, or a second violation of section 4511.19 of the Revised	4391
Code within five years of the date of application for licensure or	4392
certification.	4393

(b) A violation of an existing or former law of this state,	4394
any other state, or the United States that is substantially	4395
equivalent to any of the offenses or violations described in	4396
division (A)(9)(a) of this section.	4397

(10) Upon receipt of a request pursuant to section 5153.111	4398
of the Revised Code, a completed form prescribed pursuant to	4399
division (C)(1) of this section, and a set of fingerprint	4400
impressions obtained in the manner described in division (C)(2) of	4401
this section, the superintendent of the bureau of criminal	4402
identification and investigation shall conduct a criminal records	4403
check in the manner described in division (B) of this section to	4404
determine whether any information exists that indicates that the	4405
person who is the subject of the request previously has been	4406
convicted of or pleaded guilty to any of the following:	4407

(a) A violation of section 2903.01, 2903.02, 2903.03,	4408
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	4409
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	4410
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	4411
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	4412
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	4413
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	4414
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	4415
felonious sexual penetration in violation of former section	4416
2907.12 of the Revised Code, a violation of section 2905.04 of the	4417
Revised Code as it existed prior to July 1, 1996, a violation of	4418
section 2919.23 of the Revised Code that would have been a	4419
violation of section 2905.04 of the Revised Code as it existed	4420
prior to July 1, 1996, had the violation been committed prior to	4421
that date, or a violation of section 2925.11 of the Revised Code	4422
that is not a minor drug possession offense;	4423

(b) A violation of an existing or former law of this state,	4424
any other state, or the United States that is substantially	4425
equivalent to any of the offenses listed in division (A)(10)(a) of	4426
this section.	4427

(11) On receipt of a request for a criminal records check	4428
from an individual pursuant to section 4749.03 or 4749.06 of the	4429
Revised Code, accompanied by a completed copy of the form	4430
prescribed in division (C)(1) of this section and a set of	4431
fingerprint impressions obtained in a manner described in division	4432
(C)(2) of this section, the superintendent of the bureau of	4433
criminal identification and investigation shall conduct a criminal	4434
records check in the manner described in division (B) of this	4435
section to determine whether any information exists indicating	4436
that the person who is the subject of the request has been	4437
convicted of or pleaded guilty to a felony in this state or in any	4438
other state. If the individual indicates that a firearm will be	4439
carried in the course of business, the superintendent shall	4440
require information from the federal bureau of investigation as	4441
described in division (B)(2) of this section. The superintendent	4442
shall report the findings of the criminal records check and any	4443
information the federal bureau of investigation provides to the	4444
director of public safety.	4445

(12) On receipt of a request pursuant to section 1321.37,	4446
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	4447
Code, a completed form prescribed pursuant to division (C)(1) of	4448
this section, and a set of fingerprint impressions obtained in the	4449
manner described in division (C)(2) of this section, the	4450
superintendent of the bureau of criminal identification and	4451
investigation shall conduct a criminal records check with respect	4452
to any person who has applied for a license, permit, or	4453
certification from the department of commerce or a division in the	4454
department. The superintendent shall conduct the criminal records	4455
check in the manner described in division (B) of this section to	4456
determine whether any information exists that indicates that the	4457
person who is the subject of the request previously has been	4458
convicted of or pleaded guilty to any of the following: a	4459
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	4460
2925.03 of the Revised Code; any other criminal offense involving	4461
theft, receiving stolen property, embezzlement, forgery, fraud,	4462
passing bad checks, money laundering, or drug trafficking, or any	4463
criminal offense involving money or securities, as set forth in	4464
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	4465
the Revised Code; or any existing or former law of this state, any	4466
other state, or the United States that is substantially equivalent	4467
to those offenses.	4468

(13) On receipt of a request for a criminal records check	4469
from the treasurer of state under section 113.041 of the Revised	4470
Code or from an individual under section 4701.08, 4715.101,	4471
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	4472
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4473
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4474
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	4475
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	4476
a completed form prescribed under division (C)(1) of this section	4477
and a set of fingerprint impressions obtained in the manner	4478
described in division (C)(2) of this section, the superintendent	4479
of the bureau of criminal identification and investigation shall	4480
conduct a criminal records check in the manner described in	4481
division (B) of this section to determine whether any information	4482
exists that indicates that the person who is the subject of the	4483
request has been convicted of or pleaded guilty to any criminal	4484
offense in this state or any other state. The superintendent shall	4485
send the results of a check requested under section 113.041 of the	4486
Revised Code to the treasurer of state and shall send the results	4487
of a check requested under any of the other listed sections to the	4488
licensing board specified by the individual in the request.	4489

(14) On receipt of a request pursuant to section 1121.23,	4490
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	4491
Code, a completed form prescribed pursuant to division (C)(1) of	4492
this section, and a set of fingerprint impressions obtained in the	4493
manner described in division (C)(2) of this section, the	4494
superintendent of the bureau of criminal identification and	4495
investigation shall conduct a criminal records check in the manner	4496
described in division (B) of this section to determine whether any	4497
information exists that indicates that the person who is the	4498
subject of the request previously has been convicted of or pleaded	4499
guilty to any criminal offense under any existing or former law of	4500
this state, any other state, or the United States.	4501

(15) On receipt of a request for a criminal records check	4502
from an appointing or licensing authority under section 3772.07 of	4503
the Revised Code, a completed form prescribed under division	4504
(C)(1) of this section, and a set of fingerprint impressions	4505
obtained in the manner prescribed in division (C)(2) of this	4506
section, the superintendent of the bureau of criminal	4507
identification and investigation shall conduct a criminal records	4508
check in the manner described in division (B) of this section to	4509
determine whether any information exists that indicates that the	4510
person who is the subject of the request previously has been	4511
convicted of or pleaded guilty or no contest to any offense under	4512
any existing or former law of this state, any other state, or the	4513
United States that is a disqualifying offense as defined in	4514
section 3772.07 of the Revised Code or substantially equivalent to	4515
such an offense.	4516

(16) Not later than thirty days after the date the	4517
superintendent receives a request of a type described in division	4518
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	4519
(14), or (15) of this section, the completed form, and the	4520
fingerprint impressions, the superintendent shall send the person,	4521
board, or entity that made the request any information, other than	4522
information the dissemination of which is prohibited by federal	4523
law, the superintendent determines exists with respect to the	4524
person who is the subject of the request that indicates that the	4525
person previously has been convicted of or pleaded guilty to any	4526
offense listed or described in division (A)(1), (2), (3), (4),	4527
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this	4528
section, as appropriate. The superintendent shall send the person,	4529
board, or entity that made the request a copy of the list of	4530
offenses specified in division (A)(1), (2), (3), (4), (5), (6),	4531
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as	4532
appropriate. If the request was made under section 3701.881 of the	4533
Revised Code with regard to an applicant who may be both	4534
responsible for the care, custody, or control of a child and	4535
involved in providing direct care to an older adult, the	4536
superintendent shall provide a list of the offenses specified in	4537
divisions (A)(4) and (6) of this section.	4538

Not later than thirty days after the superintendent receives	4539
a request for a criminal records check pursuant to section 113.041	4540
of the Revised Code, the completed form, and the fingerprint	4541
impressions, the superintendent shall send the treasurer of state	4542
any information, other than information the dissemination of which	4543
is prohibited by federal law, the superintendent determines exist	4544
with respect to the person who is the subject of the request that	4545
indicates that the person previously has been convicted of or	4546
pleaded guilty to any criminal offense in this state or any other	4547
state.	4548

(B) The superintendent shall conduct any criminal records	4549
check requested under section 113.041, 121.08, 173.27, 173.394,	4550
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	4551
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	4552
3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85, 3772.07, 4701.08,	4553
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	4554
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	4555
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	4556
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	4557
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4558
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5123.081,	4559
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	4560

(1) The superintendent shall review or cause to be reviewed	4561
any relevant information gathered and compiled by the bureau under	4562
division (A) of section 109.57 of the Revised Code that relates to	4563
the person who is the subject of the request, including, if the	4564
criminal records check was requested under section 113.041,	4565
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	4566
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	4567
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	4568
~~3722.151~~5119.85, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	4569
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5123.081,	4570
5126.28, 5126.281, or 5153.111 of the Revised Code, any relevant	4571
information contained in records that have been sealed under	4572
section 2953.32 of the Revised Code;	4573

(2) If the request received by the superintendent asks for	4574
information from the federal bureau of investigation, the	4575
superintendent shall request from the federal bureau of	4576
investigation any information it has with respect to the person	4577
who is the subject of the request, including fingerprint-based	4578
checks of national crime information databases as described in 42	4579
U.S.C. 671 if the request is made pursuant to section 2151.86,	4580
5104.012, or 5104.013 of the Revised Code or if any other Revised	4581
Code section requires fingerprint-based checks of that nature, and	4582
shall review or cause to be reviewed any information the	4583
superintendent receives from that bureau. If a request under	4584
section 3319.39 of the Revised Code asks only for information from	4585
the federal bureau of investigation, the superintendent shall not	4586
conduct the review prescribed by division (B)(1) of this section.	4587

(3) The superintendent or the superintendent's designee may	4588
request criminal history records from other states or the federal	4589
government pursuant to the national crime prevention and privacy	4590
compact set forth in section 109.571 of the Revised Code.	4591

(C)(1) The superintendent shall prescribe a form to obtain	4592
the information necessary to conduct a criminal records check from	4593
any person for whom a criminal records check is requested under	4594
section 113.041 of the Revised Code or required by section 121.08,	4595
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	4596
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,	4597
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85,	4598
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	4599
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	4600
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	4601
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	4602
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	4603
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,	4604
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	4605
form that the superintendent prescribes pursuant to this division	4606
may be in a tangible format, in an electronic format, or in both	4607
tangible and electronic formats.	4608

(2) The superintendent shall prescribe standard impression	4609
sheets to obtain the fingerprint impressions of any person for	4610
whom a criminal records check is requested under section 113.041	4611
of the Revised Code or required by section 121.08, 173.27,	4612
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	4613
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	4614
3319.39, 3701.881, 3712.09, 3721.121, ~~3722.151~~5119.85, 3772.07,	4615
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	4616
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	4617
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	4618
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	4619
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	4620
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5123.081,	4621
5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for	4622
whom a records check is requested under or required by any of	4623
those sections shall obtain the fingerprint impressions at a	4624
county sheriff's office, municipal police department, or any other	4625
entity with the ability to make fingerprint impressions on the	4626
standard impression sheets prescribed by the superintendent. The	4627
office, department, or entity may charge the person a reasonable	4628
fee for making the impressions. The standard impression sheets the	4629
superintendent prescribes pursuant to this division may be in a	4630
tangible format, in an electronic format, or in both tangible and	4631
electronic formats.	4632

(3) Subject to division (D) of this section, the	4633
superintendent shall prescribe and charge a reasonable fee for	4634
providing a criminal records check requested under section	4635
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	4636
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	4637
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	4638
~~3722.151~~5119.85, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	4639
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	4640
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	4641
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	4642
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	4643
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	4644
5119.693, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	4645
Code. The person making a criminal records request under any of	4646
those sections shall pay the fee prescribed pursuant to this	4647
division. A person making a request under section 3701.881 of the	4648
Revised Code for a criminal records check for an applicant who may	4649
be both responsible for the care, custody, or control of a child	4650
and involved in providing direct care to an older adult shall pay	4651
one fee for the request. In the case of a request under section	4652
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032	4653
of the Revised Code, the fee shall be paid in the manner specified	4654
in that section.	4655

(4) The superintendent of the bureau of criminal	4656
identification and investigation may prescribe methods of	4657
forwarding fingerprint impressions and information necessary to	4658
conduct a criminal records check, which methods shall include, but	4659
not be limited to, an electronic method.	4660

(D) A determination whether any information exists that	4661
indicates that a person previously has been convicted of or	4662
pleaded guilty to any offense listed or described in division	4663
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	4664
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	4665
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)	4666
of this section, or that indicates that a person previously has	4667
been convicted of or pleaded guilty to any criminal offense in	4668
this state or any other state regarding a criminal records check	4669
of a type described in division (A)(13) of this section, and that	4670
is made by the superintendent with respect to information	4671
considered in a criminal records check in accordance with this	4672
section is valid for the person who is the subject of the criminal	4673
records check for a period of one year from the date upon which	4674
the superintendent makes the determination. During the period in	4675
which the determination in regard to a person is valid, if another	4676
request under this section is made for a criminal records check	4677
for that person, the superintendent shall provide the information	4678
that is the basis for the superintendent's initial determination	4679
at a lower fee than the fee prescribed for the initial criminal	4680
records check.	4681

(E) When the superintendent receives a request for	4682
information from a registered private provider, the superintendent	4683
shall proceed as if the request was received from a school	4684
district board of education under section 3319.39 of the Revised	4685
Code. The superintendent shall apply division (A)(7) of this	4686
section to any such request for an applicant who is a teacher.	4687

(F) As used in this section:

4688

(1) "Criminal records check" means any criminal records check	4689
conducted by the superintendent of the bureau of criminal	4690
identification and investigation in accordance with division (B)	4691
of this section.	4692

(2) "Minor drug possession offense" has the same meaning as	4693
in section 2925.01 of the Revised Code.	4694

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

4695

(4) "OVI or OVUAC violation" means a violation of section	4696
4511.19 of the Revised Code or a violation of an existing or	4697
former law of this state, any other state, or the United States	4698
that is substantially equivalent to section 4511.19 of the Revised	4699
Code.	4700

(5) "Registered private provider" means a nonpublic school or	4701
entity registered with the superintendent of public instruction	4702
under section 3310.41 of the Revised Code to participate in the	4703
autism scholarship program or section 3310.58 of the Revised Code	4704
to participate in the special education scholarship program.	4705

Sec. 109.64. The bureau of criminal identification and	4706
investigation shall prepare a periodic information bulletin	4707
concerning missing children whom it determines may be present in	4708
this state. The bureau shall compile the bulletin from information	4709
contained in the national crime information center computer. The	4710
bulletin shall indicate the names and addresses of these minors	4711
who are the subject of missing children cases and other	4712
information that the superintendent of the bureau considers	4713
appropriate. The bulletin shall contain a reminder to law	4714
enforcement agencies of their responsibilities under section	4715
2901.30 of the Revised Code.	4716

The bureau shall send a copy of each periodic information	4717
bulletin to the missing children clearinghouse established under	4718
section 109.65 of the Revised Code for use in connection with its	4719
responsibilities under division (E) of that section. Upon receipt	4720
of each periodic information bulletin from the bureau, the missing	4721
children clearinghouse shall send a copy of the bulletin to each	4722
sheriff, marshal, police department of a municipal corporation,	4723
police force of a township police district or joint ~~township~~	4724
police district, and township constable in this state, to the	4725
board of education of each school district in this state, and to	4726
each nonpublic school in this state. The bureau shall provide a	4727
copy of the bulletin, upon request, to other persons or entities.	4728
The superintendent of the bureau, with the approval of the	4729
attorney general, may establish a reasonable fee for a copy of a	4730
bulletin provided to persons or entities other than law	4731
enforcement agencies in this or other states or of the federal	4732
government, the department of education, governmental entities of	4733
this state, and libraries in this state. The superintendent shall	4734
deposit all such fees collected ~~by him~~ into the missing children	4735
fund created by section 109.65 of the Revised Code.	4736

As used in this section, "missing children," "information,"	4737
and "minor" have the same meanings as in section 2901.30 of the	4738
Revised Code.	4739

Sec. 109.71. There is hereby created in the office of the	4740
attorney general the Ohio peace officer training commission. The	4741
commission shall consist of nine members appointed by the governor	4742
with the advice and consent of the senate and selected as follows:	4743
one member representing the public; two members who are incumbent	4744
sheriffs; two members who are incumbent chiefs of police; one	4745
member from the bureau of criminal identification and	4746
investigation; one member from the state highway patrol; one	4747
member who is the special agent in charge of a field office of the	4748
federal bureau of investigation in this state; and one member from	4749
the department of education, trade and industrial education	4750
services, law enforcement training.	4751

This section does not confer any arrest authority or any	4752
ability or authority to detain a person, write or issue any	4753
citation, or provide any disposition alternative, as granted under	4754
Chapter 2935. of the Revised Code.	4755

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

4756

(A) "Peace officer" means:

4757

(1) A deputy sheriff, marshal, deputy marshal, member of the	4758
organized police department of a township or municipal	4759
corporation, member of a township police district or joint	4760
~~township~~ police district police force, member of a police force	4761
employed by a metropolitan housing authority under division (D) of	4762
section 3735.31 of the Revised Code, or township constable, who is	4763
commissioned and employed as a peace officer by a political	4764
subdivision of this state or by a metropolitan housing authority,	4765
and whose primary duties are to preserve the peace, to protect	4766
life and property, and to enforce the laws of this state,	4767
ordinances of a municipal corporation, resolutions of a township,	4768
or regulations of a board of county commissioners or board of	4769
township trustees, or any of those laws, ordinances, resolutions,	4770
or regulations;	4771

(2) A police officer who is employed by a railroad company	4772
and appointed and commissioned by the secretary of state pursuant	4773
to sections 4973.17 to 4973.22 of the Revised Code;	4774

(3) Employees of the department of taxation engaged in the	4775
enforcement of Chapter 5743. of the Revised Code and designated by	4776
the tax commissioner for peace officer training for purposes of	4777
the delegation of investigation powers under section 5743.45 of	4778
the Revised Code;	4779

(4) An undercover drug agent;

4780

(5) Enforcement agents of the department of public safety	4781
whom the director of public safety designates under section	4782
5502.14 of the Revised Code;	4783

(6) An employee of the department of natural resources who is	4784
a natural resources law enforcement staff officer designated	4785
pursuant to section 1501.013, a park officer designated pursuant	4786
to section 1541.10, a forest officer designated pursuant to	4787
section 1503.29, a preserve officer designated pursuant to section	4788
1517.10, a wildlife officer designated pursuant to section	4789
1531.13, or a state watercraft officer designated pursuant to	4790
section 1547.521 of the Revised Code;	4791

(7) An employee of a park district who is designated pursuant	4792
to section 511.232 or 1545.13 of the Revised Code;	4793

(8) An employee of a conservancy district who is designated	4794
pursuant to section 6101.75 of the Revised Code;	4795

(9) A police officer who is employed by a hospital that	4796
employs and maintains its own proprietary police department or	4797
security department, and who is appointed and commissioned by the	4798
secretary of state pursuant to sections 4973.17 to 4973.22 of the	4799
Revised Code;	4800

(10) Veterans' homes police officers designated under section	4801
5907.02 of the Revised Code;	4802

(11) A police officer who is employed by a qualified	4803
nonprofit corporation police department pursuant to section	4804
1702.80 of the Revised Code;	4805

(12) A state university law enforcement officer appointed	4806
under section 3345.04 of the Revised Code or a person serving as a	4807
state university law enforcement officer on a permanent basis on	4808
June 19, 1978, who has been awarded a certificate by the executive	4809
director of the Ohio peace officer training commission attesting	4810
to the person's satisfactory completion of an approved state,	4811
county, municipal, or department of natural resources peace	4812
officer basic training program;	4813

(13) A special police officer employed by the department of	4814
mental health pursuant to section 5119.14 of the Revised Code or	4815
the department of developmental disabilities pursuant to section	4816
5123.13 of the Revised Code;	4817

(14) A member of a campus police department appointed under	4818
section 1713.50 of the Revised Code;	4819

(15) A member of a police force employed by a regional	4820
transit authority under division (Y) of section 306.35 of the	4821
Revised Code;	4822

(16) Investigators appointed by the auditor of state pursuant	4823
to section 117.091 of the Revised Code and engaged in the	4824
enforcement of Chapter 117. of the Revised Code;	4825

(17) A special police officer designated by the	4826
superintendent of the state highway patrol pursuant to section	4827
5503.09 of the Revised Code or a person who was serving as a	4828
special police officer pursuant to that section on a permanent	4829
basis on October 21, 1997, and who has been awarded a certificate	4830
by the executive director of the Ohio peace officer training	4831
commission attesting to the person's satisfactory completion of an	4832
approved state, county, municipal, or department of natural	4833
resources peace officer basic training program;	4834

(18) A special police officer employed by a port authority	4835
under section 4582.04 or 4582.28 of the Revised Code or a person	4836
serving as a special police officer employed by a port authority	4837
on a permanent basis on May 17, 2000, who has been awarded a	4838
certificate by the executive director of the Ohio peace officer	4839
training commission attesting to the person's satisfactory	4840
completion of an approved state, county, municipal, or department	4841
of natural resources peace officer basic training program;	4842

(19) A special police officer employed by a municipal	4843
corporation who has been awarded a certificate by the executive	4844
director of the Ohio peace officer training commission for	4845
satisfactory completion of an approved peace officer basic	4846
training program and who is employed on a permanent basis on or	4847
after March 19, 2003, at a municipal airport, or other municipal	4848
air navigation facility, that has scheduled operations, as defined	4849
in section 119.3 of Title 14 of the Code of Federal Regulations,	4850
14 C.F.R. 119.3, as amended, and that is required to be under a	4851
security program and is governed by aviation security rules of the	4852
transportation security administration of the United States	4853
department of transportation as provided in Parts 1542. and 1544.	4854
of Title 49 of the Code of Federal Regulations, as amended;	4855

(20) A police officer who is employed by an owner or operator	4856
of an amusement park that has an average yearly attendance in	4857
excess of six hundred thousand guests and that employs and	4858
maintains its own proprietary police department or security	4859
department, and who is appointed and commissioned by a judge of	4860
the appropriate municipal court or county court pursuant to	4861
section 4973.17 of the Revised Code;	4862

(21) A police officer who is employed by a bank, savings and	4863
loan association, savings bank, credit union, or association of	4864
banks, savings and loan associations, savings banks, or credit	4865
unions, who has been appointed and commissioned by the secretary	4866
of state pursuant to sections 4973.17 to 4973.22 of the Revised	4867
Code, and who has been awarded a certificate by the executive	4868
director of the Ohio peace officer training commission attesting	4869
to the person's satisfactory completion of a state, county,	4870
municipal, or department of natural resources peace officer basic	4871
training program;	4872

(22) An investigator, as defined in section 109.541 of the	4873
Revised Code, of the bureau of criminal identification and	4874
investigation who is commissioned by the superintendent of the	4875
bureau as a special agent for the purpose of assisting law	4876
enforcement officers or providing emergency assistance to peace	4877
officers pursuant to authority granted under that section;	4878

(23) A state fire marshal law enforcement officer appointed	4879
under section 3737.22 of the Revised Code or a person serving as a	4880
state fire marshal law enforcement officer on a permanent basis on	4881
or after July 1, 1982, who has been awarded a certificate by the	4882
executive director of the Ohio peace officer training commission	4883
attesting to the person's satisfactory completion of an approved	4884
state, county, municipal, or department of natural resources peace	4885
officer basic training program;	4886

(24) A gaming agent employed under section 3772.03 of the	4887
Revised Code.	4888

(B) "Undercover drug agent" has the same meaning as in	4889
division (B)(2) of section 109.79 of the Revised Code.	4890

(C) "Crisis intervention training" means training in the use	4891
of interpersonal and communication skills to most effectively and	4892
sensitively interview victims of rape.	4893

(D) "Missing children" has the same meaning as in section	4894
2901.30 of the Revised Code.	4895

Sec. 109.801. (A)(1) Each year, any of the following persons	4896
who are authorized to carry firearms in the course of their	4897
official duties shall complete successfully a firearms	4898
requalification program approved by the executive director of the	4899
Ohio peace officer training commission in accordance with rules	4900
adopted by the attorney general pursuant to section 109.743 of the	4901
Revised Code: any peace officer, sheriff, chief of police of an	4902
organized police department of a municipal corporation or	4903
township, chief of police of a township police district or joint	4904
police district police force, superintendent of the state highway	4905
patrol, state highway patrol trooper, or chief of police of a	4906
university or college police department; any parole or probation	4907
officer who carries a firearm in the course of official duties;	4908
the house of representatives sergeant at arms if the house of	4909
representatives sergeant at arms has arrest authority pursuant to	4910
division (E)(1) of section 101.311 of the Revised Code; any	4911
assistant house of representatives sergeant at arms; or any	4912
employee of the department of youth services who is designated	4913
pursuant to division (A)(2) of section 5139.53 of the Revised Code	4914
as being authorized to carry a firearm while on duty as described	4915
in that division.	4916

(2) No person listed in division (A)(1) of this section shall	4917
carry a firearm during the course of official duties if the person	4918
does not comply with division (A)(1) of this section.	4919

(B) The hours that a sheriff spends attending a firearms	4920
requalification program required by division (A) of this section	4921
are in addition to the sixteen hours of continuing education that	4922
are required by division (E) of section 311.01 of the Revised	4923
Code.	4924

(C) As used in this section, "firearm" has the same meaning	4925
as in section 2923.11 of the Revised Code.	4926

Sec. 111.12. ~~(A) Except as otherwise provided in division~~	4927
~~(B) of this section, the~~The secretary of state shall compile and	4928
publish biennially in a paper, book, or ~~other nonelectronic~~	4929
electronic format ~~twenty-five hundred copies of~~ the election	4930
statistics of Ohio, ~~four thousand copies of~~ the official roster of	4931
federal, state, and county officers, and ~~twenty-five hundred~~	4932
~~copies of~~ the official roster of township and municipal officers.	4933

~~(B) The secretary of state may compile and publish biennially~~	4934
~~the election statistics of Ohio, the official roster of federal,~~	4935
~~state, and county officers, and the official roster of township~~	4936
~~and municipal officers in an electronic format instead of~~	4937
~~compiling and publishing these documents biennially in a paper,~~	4938
~~book, or other nonelectronic format in the numbers specified in~~	4939
~~division (A) of this section. If the secretary of state does so,~~	4940
~~the secretary of state shall maintain the ability to provide~~	4941
~~copies of the election statistics of Ohio, the official roster of~~	4942
~~federal, state, and county officers, and the official roster of~~	4943
~~township and municipal officers in accordance with section 149.43~~	4944
~~of the Revised Code.~~	4945

Sec. 111.16. The secretary of state shall charge and	4946
collect, for the benefit of the state, the following fees:	4947

(A) For filing and recording articles of incorporation of a	4948
domestic corporation, including designation of agent:	4949

(1) Wherein the corporation shall not be authorized to issue	4950
any shares of capital stock, one hundred twenty-five dollars;	4951

(2) Wherein the corporation shall be authorized to issue	4952
shares of capital stock, with or without par value:	4953

(a) Ten cents for each share authorized up to and including	4954
one thousand shares;	4955

(b) Five cents for each share authorized in excess of one	4956
thousand shares up to and including ten thousand shares;	4957

(c) Two cents for each share authorized in excess of ten	4958
thousand shares up to and including fifty thousand shares;	4959

(d) One cent for each share authorized in excess of fifty	4960
thousand shares up to and including one hundred thousand shares;	4961

(e) One-half cent for each share authorized in excess of one	4962
hundred thousand shares up to and including five hundred thousand	4963
shares;	4964

(f) One-quarter cent for each share authorized in excess of	4965
five hundred thousand shares; provided no fee shall be less than	4966
one hundred twenty-five dollars or greater than one hundred	4967
thousand dollars.	4968

(B) For filing and recording a certificate of amendment to or	4969
amended articles of incorporation of a domestic corporation, or	4970
for filing and recording a certificate of reorganization, a	4971
certificate of dissolution, or an amendment to a foreign license	4972
application:	4973

(1) If the domestic corporation is not authorized to issue	4974
any shares of capital stock, fifty dollars;	4975

(2) If the domestic corporation is authorized to issue shares	4976
of capital stock, fifty dollars, and in case of any increase in	4977
the number of shares authorized to be issued, a further sum	4978
computed in accordance with the schedule set forth in division	4979
(A)(2) of this section less a credit computed in the same manner	4980
for the number of shares previously authorized to be issued by the	4981
corporation; provided no fee under division (B)(2) of this section	4982
shall be greater than one hundred thousand dollars;	4983

(3) If the foreign corporation is not authorized to issue any	4984
shares of capital stock, fifty dollars;	4985

(4) If the foreign corporation is authorized to issue shares	4986
of capital stock, fifty dollars.	4987

(C) For filing and recording articles of incorporation of a	4988
savings and loan association, one hundred twenty-five dollars; and	4989
for filing and recording a certificate of amendment to or amended	4990
articles of incorporation of a savings and loan association, fifty	4991
dollars;	4992

(D) For filing and recording a certificate of conversion,	4993
including a designation of agent, a certificate of merger, or a	4994
certificate of consolidation, one hundred twenty-five dollars and,	4995
in the case of any new corporation resulting from a consolidation	4996
or any surviving corporation that has an increased number of	4997
shares authorized to be issued resulting from a merger, an	4998
additional sum computed in accordance with the schedule set forth	4999
in division (A)(2) of this section less a credit computed in the	5000
same manner for the number of shares previously authorized to be	5001
issued or represented in this state by each of the corporations	5002
for which a consolidation or merger is effected by the	5003
certificate;	5004

(E) For filing and recording articles of incorporation of a	5005
credit union or the American credit union guaranty association,	5006
one hundred twenty-five dollars, and for filing and recording a	5007
certificate of increase in capital stock or any other amendment of	5008
the articles of incorporation of a credit union or the	5009
association, fifty dollars;	5010

(F) For filing and recording articles of organization of a	5011
limited liability company, for filing and recording an application	5012
to become a registered foreign limited liability company, for	5013
filing and recording a registration application to become a	5014
domestic limited liability partnership, or for filing and	5015
recording an application to become a registered foreign limited	5016
liability partnership, one hundred twenty-five dollars;	5017

(G) For filing and recording a certificate of limited	5018
partnership or an application for registration as a foreign	5019
limited partnership, or for filing an initial statement of	5020
partnership authority pursuant to section 1776.33 of the Revised	5021
Code, one hundred twenty-five dollars.	5022

(H) For filing a copy of papers evidencing the incorporation	5023
of a municipal corporation or of annexation of territory by a	5024
municipal corporation, five dollars, to be paid by the municipal	5025
corporation, the petitioners therefor, or their agent;	5026

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

5027

(1) A license to transact business in this state by a foreign	5028
corporation for profit pursuant to section 1703.04 of the Revised	5029
Code or a foreign nonprofit corporation pursuant to section	5030
1703.27 of the Revised Code, one hundred twenty-five dollars;	5031

(2) A biennial report or biennial statement pursuant to	5032
section 1775.63, 1776.83, or 1785.06 of the Revised Code,	5033
twenty-five dollars;	5034

(3) Except as otherwise provided in this section or any other	5035
section of the Revised Code, any other certificate or paper that	5036
is required to be filed and recorded or is permitted to be filed	5037
and recorded by any provision of the Revised Code with the	5038
secretary of state, twenty-five dollars.	5039

(J) For filing any certificate or paper not required to be	5040
recorded, five dollars;	5041

(K)(1) For making copies of any certificate or other paper	5042
filed in the office of the secretary of state, a fee not to exceed	5043
one dollar per page, except as otherwise provided in the Revised	5044
Code, and for creating and affixing the seal of the office of the	5045
secretary of state to any good standing or other certificate, five	5046
dollars. For copies of certificates or papers required by state	5047
officers for official purpose, no charge shall be made.	5048

(2) For creating and affixing the seal of the office of the	5049
secretary of state to the certificates described in division (E)	5050
of section 1701.81, division (E) of section 1701.811, division (E)	5051
of section 1705.38, division (E) of section 1705.381, division (D)	5052
of section 1702.43, division (E) of section 1775.47, division (E)	5053
of section 1775.55, division (E) of section 1776.70, division (E)	5054
of section 1776.74, division (E) of section 1782.433, or division	5055
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.	5056

(L) For a minister's license to solemnize marriages, ten	5057
dollars;	5058

(M) For examining documents to be filed at a later date for	5059
the purpose of advising as to the acceptability of the proposed	5060
filing, fifty dollars;	5061

(N) Fifty dollars for filing and recording any of the	5062
following:	5063

(1) A certificate of dissolution and accompanying documents,	5064
or a certificate of cancellation, under section 1701.86, 1702.47,	5065
1705.43, 1776.65, or 1782.10 of the Revised Code;	5066

(2) A notice of dissolution of a foreign licensed corporation	5067
or a certificate of surrender of license by a foreign licensed	5068
corporation under section 1703.17 of the Revised Code;	5069

(3) The withdrawal of registration of a foreign or domestic	5070
limited liability partnership under section 1775.61, 1775.64,	5071
1776.81, or 1776.86 of the Revised Code, or the certificate of	5072
cancellation of registration of a foreign limited liability	5073
company under section 1705.57 of the Revised Code;	5074

(4) The filing of a statement of denial under section 1776.34	5075
of the Revised Code, a statement of dissociation under section	5076
1776.57 of the Revised Code, a statement of disclaimer of general	5077
partner status under Chapter 1782. of the Revised Code, or a	5078
cancellation of disclaimer of general partner status under Chapter	5079
1782. of the Revised Code.	5080

(O) For filing a statement of continued existence by a	5081
nonprofit corporation, twenty-five dollars;	5082

(P) For filing a restatement under section 1705.08 or 1782.09	5083
of the Revised Code, an amendment to a certificate of cancellation	5084
under section 1782.10 of the Revised Code, an amendment under	5085
section 1705.08 or 1782.09 of the Revised Code, or a correction	5086
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of	5087
the Revised Code, fifty dollars;	5088

(Q) For filing for reinstatement of an entity cancelled by	5089
operation of law, by the secretary of state, by order of the	5090
department of taxation, or by order of a court, twenty-five	5091
dollars;	5092

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

5093

(1) A change of agent, resignation of agent, or change of	5094
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27,	5095
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the	5096
Revised Code, twenty-five dollars;	5097

(2) A multiple change of agent name or address,	5098
standardization of agent address, or resignation of agent under	5099
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55,	5100
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one	5101
hundred twenty-five dollars, plus three dollars per entity record	5102
being changed, by the multiple agent update.	5103

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

5104

(1) An application for the exclusive right to use a name or	5105
an application to reserve a name for future use under section	5106
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	5107
Code, fifty dollars;	5108

(2) A trade name or fictitious name registration or report,	5109
fifty dollars;	5110

(3) An application to renew any item covered by division	5111
(S)(1) or (2) of this section that is permitted to be renewed,	5112
twenty-five dollars;	5113

(4) An assignment of rights for use of a name covered by	5114
division (S)(1), (2), or (3) of this section, the cancellation of	5115
a name registration or name reservation that is so covered, or	5116
notice of a change of address of the registrant of a name that is	5117
so covered, twenty-five dollars.	5118

(T) For filing and recording a report to operate a business	5119
trust or a real estate investment trust, either foreign or	5120
domestic, one hundred twenty-five dollars; and for filing and	5121
recording an amendment to a report or associated trust instrument,	5122
or a surrender of authority, to operate a business trust or real	5123
estate investment trust, fifty dollars;	5124

(U)(1) For filing and recording the registration of a	5125
trademark, service mark, or mark of ownership, one hundred	5126
twenty-five dollars;	5127

(2) For filing and recording the change of address of a	5128
registrant, the assignment of rights to a registration, a renewal	5129
of a registration, or the cancellation of a registration	5130
associated with a trademark, service mark, or mark of ownership,	5131
twenty-five dollars.	5132

(V) For filing a service of process with the secretary of	5133
state, five dollars, except as otherwise provided in any section	5134
of the Revised Code.	5135

Fees specified in this section may be paid by cash, check, or	5136
money order, by credit card in accordance with section 113.40 of	5137
the Revised Code, or by an alternative payment program in	5138
accordance with division (B) of section 111.18 of the Revised	5139
Code. Any credit card number or the expiration date of any credit	5140
card is not subject to disclosure under Chapter 149. of the	5141
Revised Code.	5142

Sec. 111.18. (A) The secretary of state shall keep a record	5143
of all fees collected by the secretary of state and, ~~subject to~~	5144
~~division (B) of section 1309.528 of the Revised Code and~~ except as	5145
otherwise provided in the Revised Code, shall pay them into the	5146
state treasury to the credit of the corporate and uniform	5147
commercial code filing fund created by section 1309.528 of the	5148
Revised Code.	5149

(B) The secretary of state may implement alternative payment	5150
programs that permit payment of any fee charged by the secretary	5151
of state by means other than cash, check, money order, or credit	5152
card; an alternative payment program may include, but is not	5153
limited to, one that permits a fee to be paid by electronic means	5154
of transmission. Fees paid under an alternative payment program	5155
shall be deposited to the credit of the secretary of state	5156
alternative payment program fund, which is hereby created in the	5157
state treasury. Any investment income of the secretary of state	5158
alternative payment program fund shall be credited to that fund	5159
and used to operate the alternative payment program. Within two	5160
working days following the deposit of funds to the credit of the	5161
secretary of state alternative payment program fund, the secretary	5162
of state shall pay those funds to the credit of the corporate and	5163
uniform commercial code filing fund, subject to division (B) of	5164
section 1309.401 of the Revised Code and except as otherwise	5165
provided in the Revised Code.	5166

The secretary of state shall adopt rules necessary to carry	5167
out the purposes of this division.	5168

Sec. 111.181. There is hereby created in the state treasury	5169
the information systems fund. The fund shall receive revenues from	5170
fees charged to customers for special database requests, including	5171
corporate and uniform commercial code filings. The secretary of	5172
state shall use the fund for information technology related	5173
expenses of the office.	5174

Sec. 111.28. (A) There is hereby created in the state	5175
treasury the help America vote act (HAVA) fund. All moneys	5176
received by the secretary of state from the United States election	5177
assistance commission shall be credited to the fund. The secretary	5178
of state shall use the moneys credited to the fund for activities	5179
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.	5180
No. 107-252, 116 Stat. 1666. All investment earnings of the fund	5181
shall be credited to the fund.	5182

(B) There is hereby created in the state treasury the	5183
election reform/health and human services fund. All moneys	5184
received by the secretary of state from the United States	5185
department of health and human services shall be credited to the	5186
fund. The secretary of state shall use the moneys credited to the	5187
fund for activities conducted pursuant to grants awarded to the	5188
state under Title II, Subtitle D, Sections 261 to 265 of the Help	5189
America Vote Act of 2002 to assure access for individuals with	5190
disabilities. All investment earnings of the fund shall be	5191
credited to the fund.	5192

Sec. 111.29. There is hereby created in the state treasury	5193
the citizen education fund. The fund shall receive gifts, grants,	5194
fees, and donations from private individuals and entities for	5195
voter education purposes. The secretary of state shall use the	5196
moneys credited to the fund for preparing, printing, and	5197
distributing voter registration and educational materials and for	5198
conducting related workshops and conferences for public education.	5199

Sec. 113.42. (A) As used in this section:

5200

(1) "School employee" means both of the following:

5201

(a) Any employee of a city, vocational, exempted village, or	5202
local school district;	5203

(b) Any employee of a community college, technical college,	5204
or state community college.	5205

(2) "Supplemental employee deferral plan" means a tax	5206
deferred annuity, as described in 26 U.S.C. 403(b), including a	5207
custodial account as described in 26 U.S.C. 403(b)(7).	5208

(B) The treasurer of state may, subject to an appropriate	5209
assurance of the approval of the internal revenue service, offer	5210
to all eligible school employees, and thereafter administer on	5211
behalf of participating employees, a supplemental employee	5212
deferral plan. The treasurer shall establish eligibility criteria	5213
for plan participation.	5214

The treasurer may designate a third party to act on behalf of	5215
the treasurer as the administrator of the plan. The plan may	5216
invest in such investments as are considered appropriate by the	5217
treasurer, including life insurance, annuity contracts, or mutual	5218
funds. Any investment included in the plan shall be reviewed and	5219
selected by the treasurer based on a competitive bidding process	5220
established by the treasurer and as the treasurer considers	5221
appropriate.	5222

(C) If the administrative entity of a school district,	5223
community college, technical college, or state community college	5224
elects to participate in the supplemental employee deferral plan	5225
established under this section, any school employee who meets the	5226
eligibility criteria established by the treasurer of state may	5227
participate in the plan. An election to participate in the plan	5228
shall be made in the manner and form prescribed by the treasurer	5229
of state. Notwithstanding any law to the contrary, a school	5230
district, community college, technical college, or state community	5231
college electing to participate in the supplemental employee	5232
deferral plan may elect exclusively to offer the supplemental	5233
employee deferral plan to employees or may elect to offer the	5234
supplemental employee deferral plan as one of a limited number of	5235
options.	5236

(D)(1) An election by an employee to participate in the plan	5237
authorizes the employer to make reductions from the employee's	5238
compensation for contributions to the plan. The total of the	5239
amount contributed and the employee's nondeferred income for any	5240
year shall not exceed the employee's total compensation under the	5241
existing salary schedule or classification plan applicable to the	5242
employee in that year. For purposes of this section,	5243
"compensation" includes any compensation received as a lump sum	5244
for accumulated unused vacation, personal leave, or sick leave.	5245

A deferred compensation program shall be in addition to any	5246
retirement or any other benefit program provided by law for	5247
employees of the school district or college. The treasurer of	5248
state shall adopt rules pursuant to Chapter 119. of the Revised	5249
Code to provide any necessary standards or conditions for the	5250
administration of the plan, including any limits on the portion of	5251
a participating employee's compensation that may be deferred in	5252
order to avoid adverse treatment of the plan by the internal	5253
revenue service or the occurrence of a reduction in compensation	5254
in excess of the compensation available for any pay period.	5255

Any compensation deferred under the supplemental employee	5256
deferral plan shall continue to be included as regular	5257
compensation for the purpose of computing the contributions to and	5258
benefits from the retirement system of a participating employee,	5259
if applicable. Compensation deferred shall not be included in the	5260
computation of any federal or state income taxes withheld on	5261
behalf of a participating employee.	5262

Employee contributions and earnings on those contributions	5263
are immediately vested.	5264

(2) If permitted by the plan, an employer may make employer	5265
contributions to the plan on behalf of participating employees.	5266
Employer contributions, if any, and the earnings on those	5267
contributions shall vest according to the schedule established in	5268
the plan.	5269

(E) Any administrative expenses of the plan shall be applied	5270
in one of the following ways:	5271

(1) Against earnings from investments;

5272

(2) As prorated fees charged equitably among the participants	5273
of the plan;	5274

(3) By another method determined by the treasurer of state.

5275

The treasurer may apply different methods or amounts of	5276
recovery of administrative expenses for different types of	5277
investment options provided under the plan.	5278

Sec. 113.43. Except as provided in sections 3105.171 and	5279
3105.63 and Chapters 3119., 3121., 3123., and 3125. of the Revised	5280
Code, an account, benefit, or other right accrued or accruing to	5281
any person under the supplemental employee deferral plan	5282
established under section 113.42 of the Revised Code shall not be	5283
subject to execution, garnishment, attachment, sale to satisfy a	5284
judgment or order, the operation of bankruptcy or insolvency laws,	5285
or other process of law and shall be unassignable.	5286

Sec. 113.44. Notwithstanding any provision of section 113.42	5287
or 113.43 of the Revised Code:	5288

(A) Any payment, other than a survivorship benefit, that is	5289
made to a person by the supplemental employee deferral plan is	5290
subject to any withholding order issued pursuant to section	5291
2907.15 or division (C)(2)(b) of section 2921.41 of the Revised	5292
Code. The treasurer of state or third party administering the plan	5293
shall comply with that withholding order in making payment.	5294

(B) If the plan receives a notice pursuant to section 2907.15	5295
or division (D) of section 2921.41 of the Revised Code that a	5296
person who has an account has been charged with a violation of	5297
section 2907.02, 2907.03, 2907.04, 2907.05, or 2921.41 of the	5298
Revised Code, no payment from that account shall be made prior to	5299
whichever of the following is applicable:	5300

(1) If the person is convicted of or pleads guilty to the	5301
violation, but a motion for a withholding order for purposes of	5302
restitution has not been filed under section 2907.15 or division	5303
(C)(2)(b)(i) of section 2921.41 of the Revised Code, thirty days	5304
after the day on which the person is sentenced for the violation;	5305

(2) If the person is convicted of or pleads guilty to the	5306
violation and a motion for a withholding order for purposes of	5307
restitution has been filed under section 2907.15 or division	5308
(C)(2)(b)(i) of section 2921.41 of the Revised Code, the day on	5309
which the court decides the motion;	5310

(3) If the charge is dismissed or the person found not guilty	5311
or not guilty by reason of insanity of the violation, the day on	5312
which the dismissal of the charge or the verdict is entered in the	5313
journal of the court.	5314

Sec. 113.47. (A) As used in this section:

5315

(1) "Governmental entity" means a governmental entity, as	5316
defined in section 9.23 of the Revised Code, that pays wages, as	5317
defined in section 4111.01 of the Revised Code, to employees or	5318
elected officials.	5319

(2) "Reportable information" means, for any calendar year:

5320

(a) The name, title, gross pay, employer, and years of	5321
service of each employee or elected official of a governmental	5322
entity; and	5323

(b) Any cost associated with employment other than gross pay,	5324
including, but not limited to, pension, medical insurance, dental	5325
insurance, vision insurance, vacation leave, sick leave, personal	5326
time, disability leave, and any other type of leave.	5327

(B) Each governmental entity shall submit reportable	5328
information to the treasurer of state in the form and manner	5329
prescribed by the treasurer of state by the first day of March of	5330
each calendar year following the year for which reportable	5331
information is being submitted, except that reportable information	5332
for calendar year 2010 shall be submitted by September 1, 2011.	5333

(C) The treasurer of state shall make the reportable	5334
information submitted to the treasurer of state available to the	5335
public by the fifteenth day of April of each year on the treasurer	5336
of state's web site or in any other convenient and accessible	5337
manner determined by the treasurer of state.	5338

(D) The treasurer of state may adopt rules under Chapter 119.	5339
of the Revised Code to prescribe incentives to enforce compliance	5340
with the requirement set forth in division (B) of this section.	5341

Sec. 117.101. The auditor of state shall provide, operate,	5342
and maintain a uniform and compatible computerized financial	5343
management and accounting system known as the uniform accounting	5344
network. The network shall be designed to provide public offices,	5345
other than state agencies and the Ohio education computer network	5346
and public school districts, with efficient and economical access	5347
to data processing and management information facilities and	5348
expertise. In accordance with this objective, activities of the	5349
network shall include, but not be limited to, provision,	5350
maintenance, and operation of the following facilities and	5351
services:	5352

(A) A cooperative program of technical assistance for public	5353
offices, other than state agencies and the Ohio education computer	5354
network and public school districts, including, but not limited	5355
to, an adequate computer software system and a data base;	5356

(B) An information processing service center providing	5357
approved computerized financial accounting and reporting services	5358
to participating public offices.	5359

The auditor of state and any public office, other than a	5360
state agency and the Ohio education computer network and public	5361
school districts, may enter into any necessary agreements, without	5362
advertisement or bidding, for the provision of necessary goods,	5363
materials, supplies, and services to such public offices by the	5364
auditor of state through the network.	5365

The auditor of state may, by rule, provide for a system of	5366
user fees to be charged participating public offices for goods,	5367
materials, supplies, and services received from the network. All	5368
such fees shall be paid into the state treasury to the credit of	5369
the uniform accounting network fund, which is hereby created. The	5370
fund shall be used by the auditor of state to pay the costs of	5371
establishing and maintaining the network. The fund shall be	5372
assessed a proportionate share of the auditor of state's	5373
administrative costs in accordance with procedures prescribed by	5374
the auditor of state ~~and approved by the director of budget and~~	5375
~~management~~.	5376

Sec. 117.13. (A) The costs of audits of state agencies shall	5377
be recovered by the auditor of state in the following manner:	5378

(1) The costs of all audits of state agencies shall be paid	5379
to the auditor of state on statements rendered by the auditor of	5380
state. Money so received by the auditor of state shall be paid	5381
into the state treasury to the credit of the public audit expense	5382
fund--intrastate, which is hereby created, and shall be used to	5383
pay costs related to such audits. The costs of audits of a state	5384
agency shall be charged to the state agency being audited. The	5385
costs of any assistant auditor, employee, or expert employed	5386
pursuant to section 117.09 of the Revised Code called upon to	5387
testify in any legal proceedings in regard to any audit, or called	5388
upon to review or discuss any matter related to any audit, may be	5389
charged to the state agency to which the audit relates.	5390

(2) The auditor of state shall establish by rule rates to be	5391
charged to state agencies for recovering the costs of audits of	5392
state agencies.	5393

(B) As used in this division, "government auditing standards"	5394
means the government auditing standards published by the	5395
comptroller general of the United States general accounting	5396
office.	5397

(1) Except as provided in divisions (B)(2) and (3) of this	5398
section, any costs of an audit of a private institution,	5399
association, board, or corporation receiving public money for its	5400
use shall be charged to the public office providing the public	5401
money in the same manner as costs of an audit of the public	5402
office.	5403

(2) If an audit of a private child placing agency or private	5404
noncustodial agency receiving public money from a public children	5405
services agency for providing child welfare or child protection	5406
services sets forth that money has been illegally expended,	5407
converted, misappropriated, or is unaccounted for, the costs of	5408
the audit shall be charged to the agency being audited in the same	5409
manner as costs of an audit of a public office, unless the	5410
findings are inconsequential, as defined by government auditing	5411
standards.	5412

(3) If such an audit does not set forth that money has been	5413
illegally expended, converted, misappropriated, or is unaccounted	5414
for or sets forth findings that are inconsequential, as defined by	5415
government auditing standards, the costs of the audit shall be	5416
charged as follows:	5417

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

5418

(b) One-third of the costs to the public children services	5419
agency that provided the public money to the agency being audited;	5420

(c) One-third of the costs to the department of job and	5421
family services.	5422

(C) The costs of audits of local public offices shall be	5423
recovered by the auditor of state in the following manner:	5424

(1) The total amount of compensation paid assistant auditors	5425
of state, their expenses, the cost of employees assigned to assist	5426
the assistant auditors of state, the cost of experts employed	5427
pursuant to section 117.09 of the Revised Code, and the cost of	5428
typing, reviewing, and copying reports shall be borne by the	5429
public office to which such assistant auditors of state are so	5430
assigned~~, except that annual vacation and sick leave of assistant~~	5431
~~auditors of state, employees, and typists shall be financed from~~	5432
~~the general revenue fund. The necessary traveling and hotel~~	5433
~~expenses of the deputy inspectors and supervisors of public~~	5434
~~offices shall be paid from the state treasury~~. Assistant auditors	5435
of state shall be compensated by the taxing district or other	5436
public office audited for activities undertaken pursuant to	5437
division (B) of section 117.18 and section 117.24 of the Revised	5438
Code. The costs of any assistant auditor, employee, or expert	5439
employed pursuant to section 117.09 of the Revised Code called	5440
upon to testify in any legal proceedings in regard to any audit,	5441
or called upon to review or discuss any matter related to any	5442
audit, may be charged to the public office to which the audit	5443
relates.	5444

(2) The auditor of state shall certify the amount of such	5445
compensation, expenses, cost of experts, reviewing, copying, and	5446
typing to the fiscal officer of the local public office audited.	5447
The fiscal officer of the local public office shall forthwith draw	5448
a warrant upon the general fund or other appropriate funds of the	5449
local public office to the order of the auditor of state;	5450
provided, that the auditor of state is authorized to negotiate	5451
with any local public office and, upon agreement between the	5452
auditor of state and the local public office, may adopt a schedule	5453
for payment of the amount due under this section. Money so	5454
received by the auditor of state shall be paid into the state	5455
treasury to the credit of the public audit expense fund--local	5456
government, which is hereby created, and shall be used to pay the	5457
compensation, expense, cost of experts and employees, reviewing,	5458
copying, and typing of reports.	5459

(3) At the conclusion of each audit, or analysis and report	5460
made pursuant to section 117.24 of the Revised Code, the auditor	5461
of state shall furnish the fiscal officer of the local public	5462
office audited a statement showing the total cost of the audit, or	5463
of the audit and the analysis and report, and the percentage of	5464
the total cost chargeable to each fund audited. The fiscal officer	5465
may distribute such total cost to each fund audited in accordance	5466
with its percentage of the total cost.	5467

(4) The auditor of state shall provide each local public	5468
office a statement or certification of the amount due from the	5469
public office for services performed by the auditor of state under	5470
this or any other section of the Revised Code, as well as the date	5471
upon which payment is due to the auditor of state. Any local	5472
public office that does not pay the amount due to the auditor of	5473
state by that date may be assessed by the auditor of state for	5474
interest from the date upon which the payment is due at the rate	5475
per annum prescribed by section 5703.47 of the Revised Code. All	5476
interest charges assessed by the auditor of state may be collected	5477
in the same manner as audit costs pursuant to division (D) of this	5478
section.	5479

(5) The auditor of state shall establish by rule rates to be	5480
charged to local public offices for recovering the costs of audits	5481
of local public offices.	5482

(D) If the auditor of state fails to receive payment for any	5483
amount due, including, but not limited to, fines, fees, and costs,	5484
from a public office for services performed under this or any	5485
other section of the Revised Code, the auditor of state may seek	5486
payment through the office of budget and management. (Amounts due	5487
include any amount due to an independent public accountant with	5488
whom the auditor has contracted to perform services, all costs and	5489
fees associated with participation in the uniform accounting	5490
network, and all costs associated with the auditor's provision of	5491
local government services.) Upon certification by the auditor of	5492
state to the director of budget and management of any such amount	5493
due, the director shall withhold from the public office any amount	5494
available, up to and including the amount certified as due, from	5495
any funds under the director's control that belong to or are	5496
lawfully payable or due to the public office. The director shall	5497
promptly pay the amount withheld to the auditor of state. If the	5498
director determines that no funds due and payable to the public	5499
office are available or that insufficient amounts of such funds	5500
are available to cover the amount due, the director shall withhold	5501
and pay to the auditor of state the amounts available and, in the	5502
case of a local public office, certify the remaining amount to the	5503
county auditor of the county in which the local public office is	5504
located. The county auditor shall withhold from the local public	5505
office any amount available, up to and including the amount	5506
certified as due, from any funds under the county auditor's	5507
control and belonging to or lawfully payable or due to the local	5508
public office. The county auditor shall promptly pay any such	5509
amount withheld to the auditor of state.	5510

Sec. 118.023. (A) Upon determining that one or more of the	5511
conditions described in section 118.022 of the Revised Code are	5512
present, the auditor of state shall issue a written declaration of	5513
the existence of a fiscal watch to the municipal corporation,	5514
county, or township and the county budget commission. The fiscal	5515
watch shall be in effect until the auditor of state determines	5516
that none of the conditions are any longer present and cancels the	5517
watch, or until the auditor of state determines that a state of	5518
fiscal emergency exists. The auditor of state, or a designee,	5519
shall provide such technical and support services to the municipal	5520
corporation, county, or township after a fiscal watch has been	5521
declared to exist as the auditor of state considers necessary. ~~The~~	5522
~~controlling board shall provide sufficient funds for any costs~~	5523
~~that the auditor of state may incur in determining if a fiscal~~	5524
~~watch exists and for providing technical and support services.~~	5525

(B) Within one hundred twenty days after the day a written	5526
declaration of the existence of a fiscal watch is issued under	5527
division (A) of this section, the mayor of the municipal	5528
corporation, the board of county commissioners of the county, or	5529
the board of township trustees of the township for which a fiscal	5530
watch was declared shall submit to the auditor of state a	5531
financial recovery plan that shall identify actions to be taken to	5532
eliminate all of the conditions described in section 118.022 of	5533
the Revised Code, include a schedule detailing the approximate	5534
dates for beginning and completing the actions, and include a	5535
five-year forecast reflecting the effects of the actions. The	5536
financial recovery plan is subject to review and approval by the	5537
auditor of state. The auditor of state may extend the amount of	5538
time by which a financial recovery plan is required to be filed,	5539
for good cause shown.	5540

(C) If a feasible financial recovery plan for a municipal	5541
corporation, county, or township for which a fiscal watch was	5542
declared is not submitted within the time period prescribed by	5543
division (B) of this section, or within any extension of time	5544
thereof, the auditor of state shall declare that a fiscal	5545
emergency condition exists under section 118.04 of the Revised	5546
Code in the municipal corporation, county, or township.	5547

Sec. 118.025. (A) The auditor of state shall develop	5548
guidelines for identifying fiscal practices and budgetary	5549
conditions of municipal corporations, counties, and townships	5550
that, if uncorrected, could result in a future declaration of a	5551
fiscal watch or fiscal emergency.	5552

(B) If the auditor of state determines that a municipal	5553
corporation, county, or township is engaging in any of those	5554
practices or that any of those conditions exist, the auditor of	5555
state may declare the municipal corporation, county, or township	5556
to be under a fiscal caution.	5557

(C) When the auditor of state declares a fiscal caution, the	5558
auditor of state shall promptly notify the municipal corporation,	5559
county, or township of that declaration and shall request the	5560
municipal corporation, county, or township to provide written	5561
proposals for discontinuing or correcting the fiscal practices or	5562
budgetary conditions that prompted the declaration and for	5563
preventing the municipal corporation, county, or township from	5564
experiencing further fiscal difficulties that could result in a	5565
declaration of fiscal watch or fiscal emergency.	5566

(D) The auditor of state, or a designee, may visit and	5567
inspect any municipal corporation, county, or township that is	5568
declared to be under a fiscal caution. The auditor of state may	5569
provide technical assistance to the municipal corporation, county,	5570
or township in implementing proposals to eliminate the practices	5571
or budgetary conditions that prompted the declaration of fiscal	5572
caution and may make recommendations concerning those proposals.	5573

(E) If the auditor of state finds that a municipal	5574
corporation, county, or township declared to be under a fiscal	5575
caution has not made reasonable proposals or otherwise taken	5576
action to discontinue or correct the fiscal practices or budgetary	5577
conditions that prompted the declaration of fiscal caution, and if	5578
the auditor of state considers it necessary to prevent further	5579
fiscal decline, the auditor of state may determine that the	5580
municipal corporation, county, or township should be in a state of	5581
fiscal watch.	5582

Sec. 118.04. (A) The existence of a fiscal emergency	5583
condition constitutes a fiscal emergency. The existence of fiscal	5584
emergency conditions shall be determined by the auditor of state.	5585
Such determination, for purposes of this chapter, may be made only	5586
upon the filing with the auditor of state of a written request for	5587
such a determination by the governor, by the county budget	5588
commission, by the mayor of the municipal corporation, or by the	5589
presiding officer of the legislative authority of the municipal	5590
corporation when authorized by a majority of the members of such	5591
legislative authority, by the board of county commissioners, or by	5592
the board of township trustees, or upon initiation by the auditor	5593
of state. The request may designate in general or specific terms,	5594
but without thereby limiting the determination thereto, the	5595
condition or conditions to be examined to determine whether they	5596
constitute fiscal emergency conditions. Promptly upon receipt of	5597
such written request, or upon initiation by the auditor of state,	5598
the auditor of state shall transmit copies of such request or a	5599
written notice of such initiation to the mayor and the presiding	5600
officer of the legislative authority of the municipal corporation	5601
or to the board of county commissioners or the board of township	5602
trustees by personal service or certified mail. Such	5603
determinations shall be set forth in written reports and	5604
supplemental reports, which shall be filed with the mayor, fiscal	5605
officer, and presiding officer of the legislative authority of the	5606
municipal corporation, or with the board of county commissioners	5607
or the board of township trustees, and with the treasurer of	5608
state, secretary of state, governor, director of budget and	5609
management, and county budget commission, within thirty days after	5610
the request. The auditor of state shall so file an initial report	5611
immediately upon determining the existence of any fiscal emergency	5612
condition.	5613

(B) In making such determination, the auditor of state may	5614
rely on reports or other information filed or otherwise made	5615
available by the municipal corporation, county, or township,	5616
accountants' reports, or other sources and data the auditor of	5617
state considers reliable for such purpose. As to the status of	5618
funds or accounts, a determination that the amounts stated in	5619
section 118.03 of the Revised Code are exceeded may be made	5620
without need for determination of the specific amount of the	5621
excess. The auditor of state may engage the services of	5622
independent certified or registered public accountants, including	5623
public accountants engaged or previously engaged by the municipal	5624
corporation, county, or township, to conduct audits or make	5625
reports or render such opinions as the auditor of state considers	5626
desirable with respect to any aspect of the determinations to be	5627
made by the auditor of state.	5628

(C) A determination by the auditor of state under this	5629
section that a fiscal emergency condition does not exist is final	5630
and conclusive and not appealable. A determination by the auditor	5631
of state under this section that a fiscal emergency exists is	5632
final, except that the mayor of any municipal corporation affected	5633
by a determination of the existence of a fiscal emergency	5634
condition under this section, when authorized by a majority of the	5635
members of the legislative authority, or the board of county	5636
commissioners or board of township trustees, may appeal the	5637
determination of the existence of a fiscal emergency condition to	5638
the court of appeals having territorial jurisdiction over the	5639
municipal corporation, county, or township. The appeal shall be	5640
heard expeditiously by the court of appeals and for good cause	5641
shown shall take precedence over all other civil matters except	5642
earlier matters of the same character. Notice of such appeal must	5643
be filed with the auditor of state and such court within thirty	5644
days after certification by the auditor of state to the mayor and	5645
presiding officer of the legislative authority of the municipal	5646
corporation or to the board of county commissioners or board of	5647
township trustees as provided for in division (A) of this section.	5648
In such appeal, determinations of the auditor of state shall be	5649
presumed to be valid and the municipal corporation, county, or	5650
township shall have the burden of proving, by clear and convincing	5651
evidence, that each of the determinations made by the auditor of	5652
state as to the existence of a fiscal emergency condition under	5653
section 118.03 of the Revised Code was in error. If the municipal	5654
corporation, county, or township fails, upon presentation of its	5655
case, to prove by clear and convincing evidence that each such	5656
determination by the auditor of state was in error, the court	5657
shall dismiss the appeal. The municipal corporation, county, or	5658
township and the auditor of state may introduce any evidence	5659
relevant to the existence or nonexistence of such fiscal emergency	5660
conditions at the times indicated in the applicable provisions of	5661
divisions (A) and (B) of section 118.03 of the Revised Code. The	5662
pendency of any such appeal shall not affect or impede the	5663
operations of this chapter; no restraining order, temporary	5664
injunction, or other similar restraint upon actions consistent	5665
with this chapter shall be imposed by the court or any court	5666
pending determination of such appeal; and all things may be done	5667
under this chapter that may be done regardless of the pendency of	5668
any such appeal. Any action taken or contract executed pursuant to	5669
this chapter during the pendency of such appeal is valid and	5670
enforceable among all parties, notwithstanding the decision in	5671
such appeal. If the court of appeals reverses the determination of	5672
the existence of a fiscal emergency condition by the auditor of	5673
state, the determination no longer has any effect, and any	5674
procedures undertaken as a result of the determination shall be	5675
terminated.	5676

(D) All expenses incurred by the auditor of state relating to	5677
a determination or termination of a fiscal emergency under this	5678
section or, a fiscal watch under section 118.021 of the Revised	5679
Code, or a fiscal caution under section 118.025 of the Revised	5680
Code, including providing technical and support services, shall be	5681
reimbursed from an appropriation for that purpose. If necessary,	5682
the controlling board may provide sufficient funds for these	5683
purposes.	5684

Sec. 118.05. (A) Pursuant to the powers of the general	5685
assembly and for the purposes of this chapter, upon the occurrence	5686
of a fiscal emergency in any municipal corporation, county, or	5687
township, as determined pursuant to section 118.04 of the Revised	5688
Code, there is established, with respect to that municipal	5689
corporation, county, or township, a body both corporate and	5690
politic constituting an agency and instrumentality of the state	5691
and performing essential governmental functions of the state to be	5692
known as the "financial planning and supervision commission for	5693
............... (name of municipal corporation, county, or	5694
township)," which, in that name, may exercise all authority vested	5695
in such a commission by this chapter. AExcept as otherwise	5696
provided in division (L) of this section, a separate commission is	5697
established with respect to each municipal corporation, county, or	5698
township as to which there is a fiscal emergency as determined	5699
under this chapter.	5700

(B) A commission shall consist of the following voting	5701
members:	5702

(1) Four ex officio members: the treasurer of state; the	5703
director of budget and management; in the case of a municipal	5704
corporation, the mayor of the municipal corporation and the	5705
presiding officer of the legislative authority of the municipal	5706
corporation; in the case of a county, the president of the board	5707
of county commissioners and the county auditor; and in the case of	5708
a township, a member of the board of township trustees and the	5709
county auditor.	5710

The treasurer of state may designate a deputy treasurer or	5711
director within the office of the treasurer of state or any other	5712
appropriate person who is not an employee of the treasurer of	5713
state's office; the director of budget and management may	5714
designate an individual within the office of budget and management	5715
or any other appropriate person who is not an employee of the	5716
office of budget and management; ~~the mayor may designate a~~	5717
~~responsible official within the mayor's office or the fiscal~~	5718
~~officer of the municipal corporation;~~ the presiding officer of the	5719
legislative authority of the municipal corporation may designate	5720
any other member of the legislative authority; the board of county	5721
commissioners may designate any other member of the board or the	5722
fiscal officer of the county; and the board of township trustees	5723
may designate any other member of the board or the fiscal officer	5724
of the township to attend the meetings of the commission when the	5725
ex officio member is absent or unable for any reason to attend. A	5726
designee, when present, shall be counted in determining whether a	5727
quorum is present at any meeting of the commission and may vote	5728
and participate in all proceedings and actions of the commission.	5729
The designations shall be in writing, executed by the ex officio	5730
member or entity making the designation, and filed with the	5731
secretary of the commission. The designations may be changed from	5732
time to time in like manner, but due regard shall be given to the	5733
need for continuity.	5734

(2) If a municipal corporation, county, or township has a	5735
population of at least one thousand, three members nominated and	5736
appointed as follows:	5737

The mayor and presiding officer of the legislative authority	5738
of the municipal corporation, the board of county commissioners,	5739
or the board of township trustees shall, within ten days after the	5740
determination of the fiscal emergency by the auditor of state	5741
under section 118.04 of the Revised Code, submit in writing to the	5742
governor the nomination of five persons agreed to by them and	5743
meeting the qualifications set forth in this division. If the	5744
governor is not satisfied that at least three of the nominees are	5745
well qualified, the governor shall notify the mayor and presiding	5746
officer, or the board of county commissioners, or the board of	5747
township trustees to submit in writing, within five days,	5748
additional nominees agreed upon by them, not exceeding three. The	5749
governor shall appoint three members from all the agreed-upon	5750
nominees so submitted or a lesser number that the governor	5751
considers well qualified within thirty days after receipt of the	5752
nominations, and shall fill any remaining positions on the	5753
commission by appointment of any other persons meeting the	5754
qualifications set forth in this division. All appointments by the	5755
governor shall be made with the advice and consent of the senate.	5756
Each of the three appointed members shall serve during the life of	5757
the commission, subject to removal by the governor for	5758
misfeasance, nonfeasance, or malfeasance in office. In the event	5759
of the death, resignation, incapacity, removal, or ineligibility	5760
to serve of an appointed member, the governor, pursuant to the	5761
process for original appointment, shall appoint a successor.	5762

~~(3) If a municipal corporation, county, or township has a~~	5763
~~population of less than one thousand, one member nominated and~~	5764
~~appointed as follows:~~	5765

~~The mayor and presiding officer of the legislative authority~~	5766
~~of the municipal corporation, the board of county commissioners,~~	5767
~~or the board of township trustees shall, within ten days after the~~	5768
~~determination of the fiscal emergency by the auditor of state~~	5769
~~under section 118.04 of the Revised Code, submit in writing to the~~	5770
~~governor the nomination of three persons agreed to by them and~~	5771
~~meeting the qualifications set forth in this division. If the~~	5772
~~governor is not satisfied that at least one of the nominees is~~	5773
~~well qualified, the governor shall notify the mayor and presiding~~	5774
~~officer, or the board of county commissioners, or the board of~~	5775
~~township trustees to submit in writing, within five days,~~	5776
~~additional nominees agreed upon by them, not exceeding three. The~~	5777
~~governor shall appoint one member from all the agreed-upon~~	5778
~~nominees so submitted or shall fill the position on the commission~~	5779
~~by appointment of any other person meeting the qualifications set~~	5780
~~forth in this division. All appointments by the governor shall be~~	5781
~~made with the advice and consent of the senate. The appointed~~	5782
~~member shall serve during the life of the commission, subject to~~	5783
~~removal by the governor for misfeasance, nonfeasance, or~~	5784
~~malfeasance in office. In the event of the death, resignation,~~	5785
~~incapacity, removal, or ineligibility to serve of the appointed~~	5786
~~member, the governor, pursuant to the process for original~~	5787
~~appointment, shall appoint a successor.~~	5788

Each appointed member shall be an individual:

5789

(a) Who has knowledge and experience in financial matters,	5790
financial management, or business organization or operations;	5791

(b) Whose residency, office, or principal place of	5792
professional or business activity is situated within the municipal	5793
corporation, county, or township;	5794

(c) Who shall not become a candidate for elected public	5795
office while serving as a member of the commission.	5796

(C) Immediately after appointment of the initial appointed	5797
~~member or~~ members of the commission, the governor shall call the	5798
first meeting of the commission and shall cause written notice of	5799
the time, date, and place of the first meeting to be given to each	5800
member of the commission at least forty-eight hours in advance of	5801
the meeting.	5802

(D) The director of budget and management shall serve as	5803
chairperson of the commission. The commission shall elect one of	5804
its members to serve as vice-chairperson and may appoint a	5805
secretary and any other officers, who need not be members of the	5806
commission, it considers necessary. The chairperson may remove a	5807
member appointed by the governor if that member fails to attend	5808
three consecutive meetings. In that event, the governor shall fill	5809
the vacancy in the same manner as the original appointment.	5810

(E) The commission may adopt and alter bylaws and rules,	5811
which shall not be subject to section 111.15 or Chapter 119. of	5812
the Revised Code, for the conduct of its affairs and for the	5813
manner, subject to this chapter, in which its powers and functions	5814
shall be exercised and embodied.	5815

(F) Four members of a commission established pursuant to	5816
divisions (B)(1) and (2) of this section constitute a quorum of	5817
the commission. ~~The affirmative vote of a majority of the members~~	5818
~~of such a commission is necessary for any action taken by vote of~~	5819
~~the commission. Three members of a commission established pursuant~~	5820
~~to divisions (B)(1) and (3) of this section constitute a quorum of~~	5821
~~the commission.~~ The affirmative vote of a majority of the members	5822
of ~~such a~~the commission is necessary for any action taken by vote	5823
of the commission. No vacancy in the membership of the commission	5824
shall impair the rights of a quorum by such vote to exercise all	5825
the rights and perform all the duties of the commission. Members	5826
of the commission, and their designees, are not disqualified from	5827
voting by reason of the functions of the other office they hold	5828
and are not disqualified from exercising the functions of the	5829
other office with respect to the municipal corporation, county, or	5830
township, its officers, or the commission.	5831

(G) The auditor of state shall serve as the "financial	5832
supervisor" to the commission unless the auditor of state elects	5833
to contract for that service. As used in this chapter, "financial	5834
supervisor" means the auditor of state.	5835

(H) At the request of the commission, the auditor of state	5836
shall designate employees of the auditor of state's office to	5837
assist the commission and the financial supervisor and to	5838
coordinate the work of the auditor of state's office and the	5839
financial supervisor. Upon the determination of a fiscal emergency	5840
in any municipal corporation, county, or township, the municipal	5841
corporation, county, or township shall provide the commission with	5842
such reasonable office space in the principal building housing	5843
city, county, or township government, where feasible, as it	5844
determines is necessary to carry out its duties under this	5845
chapter.	5846

(I) The financial supervisor, the members of the commission,	5847
the auditor of state, and any person authorized to act on behalf	5848
of or assist them shall not be personally liable or subject to any	5849
suit, judgment, or claim for damages resulting from the exercise	5850
of or failure to exercise the powers, duties, and functions	5851
granted to them in regard to their functioning under this chapter,	5852
but the commission, the financial supervisor, the auditor of	5853
state, and those other persons shall be subject to mandamus	5854
proceedings to compel performance of their duties under this	5855
chapter and with respect to any debt obligations issued pursuant	5856
or subject to this chapter.	5857

(J) At the request of the commission, the administrative head	5858
of any state agency shall temporarily assign personnel skilled in	5859
accounting and budgeting procedures to assist the commission or	5860
the financial supervisor in its duties as financial supervisor.	5861

(K) The appointed members of the commission are not subject	5862
to section 102.02 of the Revised Code. Each appointed member of	5863
the commission shall file with the commission a signed written	5864
statement setting forth the general nature of sales of goods,	5865
property, or services or of loans to the municipal corporation,	5866
county, or township with respect to which that commission is	5867
established, in which the appointed member has a pecuniary	5868
interest or in which any member of the appointed member's	5869
immediate family, as defined in section 102.01 of the Revised	5870
Code, or any corporation, partnership, or enterprise of which the	5871
appointed member is an officer, director, or partner, or of which	5872
the appointed member or a member of the appointed member's	5873
immediate family, as so defined, owns more than a five per cent	5874
interest, has a pecuniary interest, and of which sale, loan, or	5875
interest such member has knowledge. The statement shall be	5876
supplemented from time to time to reflect changes in the general	5877
nature of any such sales or loans.	5878

(L) A commission is not established with respect to any	5879
village or township with a population of less than one thousand as	5880
of the most recent federal decennial census. Upon the occurrence	5881
of a fiscal emergency in such a village or township, the auditor	5882
of state shall serve as the financial supervisor of the village or	5883
township and shall have all the powers and responsibilities of a	5884
commission.	5885

Sec. 118.06. (A) Within one hundred twenty days after the	5886
first meeting of the commission, the mayor of the municipal	5887
corporation or the board of county commissioners or board of	5888
township trustees shall submit to the commission a detailed	5889
financial plan, as approved or amended and approved by ordinance	5890
or resolution of the legislative authority, containing the	5891
following:	5892

(1) Actions to be taken by the municipal corporation, county,	5893
or township to:	5894

(a) Eliminate all fiscal emergency conditions determined to	5895
exist pursuant to section 118.04 of the Revised Code;	5896

(b) Satisfy any judgments, past due accounts payable, and all	5897
past due and payable payroll and fringe benefits;	5898

5899

(d) Restore to construction funds and other special funds	5900
moneys from such funds that were used for purposes not within the	5901
purposes of such funds, or borrowed from such construction funds	5902
by the purchase of debt obligations of the municipal corporation,	5903
county, or township with the moneys of such funds, or missing from	5904
the construction funds or such special funds and not accounted	5905
for;	5906

(e) Balance the budgets, avoid future deficits in any funds,	5907
and maintain current payments of payroll, fringe benefits, and all	5908
accounts;	5909

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

5910

(g) Restore the ability of the municipal corporation, county,	5911
or township to market long-term general obligation bonds under	5912
provisions of law applicable to municipal corporations, counties,	5913
or townships generally.	5914

(2) The legal authorities permitting the municipal	5915
corporation, county, or township to take the actions enumerated	5916
pursuant to division (A)(1) of this section;	5917

(3) The approximate dates of the commencement, progress upon,	5918
and completion of the actions enumerated pursuant to division	5919
(A)(1) of this section, a five-year forecast reflecting the	5920
effects of those actions, and a reasonable period of time	5921
expected to be required to implement the plan. The municipal	5922
corporation, county, or township, in consultation with the	5923
commission and the financial supervisor, shall prepare a	5924
reasonable time schedule for progress toward and achievement of	5925
the requirements for the financial plan and the financial plan	5926
shall be consistent with that time schedule.	5927

(4) The amount and purpose of any issue of debt obligations	5928
that will be issued, together with assurances that any such debt	5929
obligations that will be issued will not exceed debt limits	5930
supported by appropriate certifications by the fiscal officer of	5931
the municipal corporation, county, or township and the county	5932
auditor;	5933

(5) Assurances that the municipal corporation, county, or	5934
township will establish monthly levels of expenditures and	5935
encumbrances pursuant to division (B)(2) of section 118.07 of the	5936
Revised Code;	5937

(6) Assurances that the municipal corporation, county, or	5938
township will conform to statutes with respect to tax budgets and	5939
appropriation measures;	5940

(7) The detail, the form, and the supporting information that	5941
the commission may direct.	5942

(B) The financial plan developed pursuant to division (A) of	5943
this section shall be filed with the financial supervisor and the	5944
financial planning and supervision commission and shall be updated	5945
annually. After consultation with the financial supervisor, the	5946
commission shall either approve or reject any initial or	5947
subsequent financial plan. If the commission rejects the initial	5948
or any subsequent financial plan, it shall forthwith inform the	5949
mayor and legislative authority of the municipal corporation or	5950
the board of county commissioners or board of township trustees of	5951
the reasons for its rejection. Within thirty days after the	5952
rejection of any plan, the mayor with the approval of the	5953
legislative authority by the passage of an ordinance or	5954
resolution, or the board of county commissioners or board of	5955
township trustees, shall submit another plan meeting the	5956
requirements of divisions (A)(1) to (7) of this section, to the	5957
commission and the financial supervisor for approval or rejection	5958
by the commission.	5959

(C) Any initial or subsequent financial plan passed by the	5960
municipal corporation, county, or township shall be approved by	5961
the commission if it complies with divisions (A)(1) to (7) of this	5962
section, and if the commission finds that the plan is bona fide	5963
and can reasonably be expected to be implemented within the period	5964
specified in the plan.	5965

(D) Any financial plan may be amended subsequent to its	5966
adoption in the same manner as the passage and approval of the	5967
initial or subsequent plan pursuant to divisions (A) to (C) of	5968
this section.	5969

(E) If a municipal corporation, county, or township fails to	5970
submit a financial plan as required by this section, or fails to	5971
substantially comply with an approved financial plan, upon	5972
certification of the commission, all state funding for that	5973
municipal corporation, county, or township other than benefit	5974
assistance to individuals shall be escrowed until a feasible plan	5975
is submitted and approved or substantial compliance with the plan	5976
is achieved, as the case may be.	5977

Sec. 118.12. (A) After the date by which the municipal	5978
corporation, county, or township is required to submit a financial	5979
plan or segment of a financial plan to the financial planning and	5980
supervision commission, if the municipal corporation, county, or	5981
township has failed to submit a financial plan or segment as	5982
required by this chapter, expenditures from the general fund of	5983
the municipal corporation, county, or township in any month may	5984
not exceed eighty-five per cent of expenditures from the general	5985
fund for such month in the preceding fiscal year, except the	5986
commission may authorize a higher per cent for any month upon	5987
justification of need by the municipal corporation, county, or	5988
township. If considered prudent by the commission, expenditures	5989
from any other fund of the municipal corporation, county, or	5990
township also may be limited.	5991

(B) After submission of a proposed financial plan by the	5992
municipal corporation, county, or township to the commission,	5993
until approval or disapproval no expenditure may be made contrary	5994
to such proposed financial plan.	5995

(C) After disapproval by the commission of a proposed	5996
financial plan, no expenditure may be made by the municipal	5997
corporation, county, or township inconsistent with the reasons for	5998
disapproval given pursuant to division (B) of section 118.06 of	5999
the Revised Code; and if the municipal corporation, county, or	6000
township fails to submit a revised financial plan within the time	6001
required, the expenditure limits of division (A) of this section	6002
are applicable.	6003

(D) After approval of a financial plan, or any amendment	6004
thereof, no expenditure may be made contrary to the approved	6005
financial plan, or amendment thereof, without the advance approval	6006
of the financial supervisor. The commission, by a majority vote,	6007
may overrule the decision of the financial supervisor.	6008

Sec. 118.17. (A) During a fiscal emergency period and with	6009
the approval of the financial planning and supervision commission,	6010
a municipal corporation, county, or township may issue local	6011
government fund notes, in anticipation of amounts to be allocated	6012
to it pursuant to division (B) of section 5747.50 of the Revised	6013
Code or to be apportioned to it under section 5747.51 or 5747.53	6014
of the Revised Code in a future year or years, for a period of no	6015
more than eight calendar years. The principal amount of the notes	6016
and interest on the notes due and payable in any year shall not	6017
exceed fifty per cent of the total amount of local government fund	6018
moneys so allocated or apportioned to the municipal corporation,	6019
county, or township for the year preceding the year in which the	6020
notes are issued. The notes may mature in semiannual or annual	6021
installments in such amounts as may be fixed by the commission,	6022
and need not mature in substantially equal semiannual or annual	6023
installments. The notes of a municipal corporation may be	6024
authorized and issued, subject to the approval of the commission,	6025
in the manner provided in sections 717.15 and 717.16 of the	6026
Revised Code, except that, notwithstanding division (A)(2) of	6027
section 717.16 of the Revised Code, the rate or rates of interest	6028
payable on the notes shall be the prevailing market rate or rates	6029
as determined and approved by the commission, and except that they	6030
shall not be issued in anticipation of bonds, shall not constitute	6031
general obligations of the municipal corporation, and shall not	6032
pledge the full faith and credit of the municipal corporation.	6033

(B) The principal and interest on the notes provided for in	6034
this section shall be payable, as provided in this section, solely	6035
from the portion of the local government fund that would otherwise	6036
be apportioned to the municipal corporation, county, or township	6037
and shall not be payable from or constitute a pledge of or claim	6038
upon, or require the levy, collection, or application of, any	6039
unvoted ad valorem property taxes or other taxes, or in any manner	6040
occupy any portion of the indirect debt limit.	6041

(C) Local government fund notes may be issued only to the	6042
extent needed to achieve one or more of the following objectives	6043
of the financial plan:	6044

(1) Satisfying any contractual or noncontractual judgments,	6045
past due accounts payable, and all past due and payable payroll	6046
and fringe benefits to be taken into account under section 118.03	6047
of the Revised Code;	6048

(2) Restoring to construction funds or other restricted funds	6049
any money applied from such funds to uses not within the purposes	6050
of such funds and which could not be transferred to such use under	6051
section 5705.14 of the Revised Code;	6052

(3) Eliminating deficit balances in all deficit funds,	6053
including funds that may be used to pay operating expenses.	6054

In addition to the objectives set forth in divisions (C)(1)	6055
to (3) of this section, local government fund notes may be issued	6056
and the proceeds of those notes may be used for the purpose of	6057
retiring or replacing other moneys used to retire current revenue	6058
notes issued pursuant to section 118.23 of the Revised Code to the	6059
extent that the proceeds of the current revenue notes have been or	6060
are to be used directly or to replace other moneys used to achieve	6061
one or more of the objectives of the financial plan specified in	6062
divisions (C)(1) to (3) of this section. Upon authorization of the	6063
local government fund notes by the legislative authority of the	6064
municipal corporation, county, or township, the proceeds of the	6065
local government fund notes and the proceeds of any such current	6066
revenue notes shall be deemed to be appropriated, to the extent	6067
that the proceeds have been or are to be so used, for the purposes	6068
for which the revenues anticipated by any such current revenue	6069
notes are collected and appropriated within the meaning of section	6070
133.10 of the Revised Code.	6071

(D) The need for an issue of local government fund notes for	6072
such purposes shall be determined by taking into consideration	6073
other money and sources of moneys available therefor under this	6074
chapter or other provisions of law, and calculating the respective	6075
amounts needed therefor in accordance with section 118.03 of the	6076
Revised Code, including the deductions or offsets therein	6077
provided, for determining that a fiscal emergency condition	6078
exists, and by eliminating any duplication of amounts thereunder.	6079
The respective amounts needed to achieve such objectives and the	6080
resulting aggregate net amount shall be determined initially by a	6081
certification of the fiscal officer as and to the extent approved	6082
by the financial supervisor. The principal amount of such notes	6083
shall not exceed the aggregate net amount needed for such	6084
purposes. The aggregate amount of all issues of such notes shall	6085
not exceed three times the average of the allocation or	6086
apportionment to the municipal corporation, county, or township of	6087
moneys from the local government fund in each of the three fiscal	6088
years preceding the fiscal year in which the notes are issued.	6089

(E) The proceeds of the sale of local government fund notes	6090
shall be appropriated by the municipal corporation, county, or	6091
township for and shall be applied only to the purposes, and in the	6092
respective amounts for those purposes, set forth in the	6093
certification given pursuant to division (D) of this section, as	6094
the purposes and amounts may be modified in the approval by the	6095
commission provided for in this section. The proceeds shall be	6096
deposited in separate accounts with a fiscal agent designated in	6097
the resolution referred to in division (F) of this section and	6098
released only for such respective purposes in accordance with the	6099
procedures set forth in division (D) of section 118.20 of the	6100
Revised Code. Any amounts not needed for such purposes shall be	6101
deposited with the fiscal agent designated to receive deposits for	6102
payment of the principal of and interest due on the notes.	6103

(F) An application for approval by the financial planning and	6104
supervision commission of an issue of local government fund notes	6105
shall be authorized by a preliminary resolution adopted by the	6106
legislative authority. The resolution may authorize the	6107
application as a part of the initial submission of the financial	6108
plan for approval or as a part of any proposed amendment to an	6109
approved financial plan or at any time after the approval of a	6110
financial plan, or amendment to a financial plan, that proposes	6111
the issue of such notes. The preliminary resolution shall	6112
designate a fiscal agent for the deposit of the proceeds of the	6113
sale of the notes, and shall contain a covenant of the municipal	6114
corporation, county, or township to comply with this chapter and	6115
the financial plan.	6116

The commission shall review and evaluate the application and	6117
supporting certification and financial supervisor action, and	6118
shall thereupon certify its approval or disapproval, or	6119
modification and approval, of the application.	6120

The commission shall certify the amounts, maturities,	6121
interest rates, and terms of issue of the local government fund	6122
notes approved by the commission and the purposes to which the	6123
proceeds of the sale of the notes will be applied in respective	6124
amounts.	6125

The commission shall certify a copy of its approval, of the	6126
preliminary resolution, and of the related certification and	6127
action of the financial supervisor to the fiscal officer, the	6128
financial supervisor, the county budget commission, the county	6129
auditor, the county treasurer, and the fiscal agent designated to	6130
receive and disburse the proceeds of the sale of the notes.	6131

(G) Upon the sale of any local government fund notes issued	6132
under this section, the commission shall determine a schedule for	6133
the deposit of local government fund distributions that are	6134
pledged for the payment of the principal of and interest on the	6135
notes with the fiscal agent or trustee designated in the agreement	6136
between the municipal corporation, county, or township and the	6137
holders of the notes to receive and disburse the distributions.	6138
The amounts to be deposited shall be adequate to provide for the	6139
payment of principal and interest on the notes when due and to pay	6140
all other proper charges, costs, or expenses pertaining thereto.	6141

The amount of the local government fund moneys apportioned to	6142
the municipal corporation, county, or township that is to be so	6143
deposited in each year shall not be included in the tax budget and	6144
appropriation measures of the municipal corporation, county, or	6145
township, or in certificates of estimated revenues, for that year.	6146

The commission shall certify the schedule to the officers	6147
designated in division (F) of this section.	6148

(H) Deposit of amounts with the fiscal agent or trustee	6149
pursuant to the schedule determined by the commission shall be	6150
made from local government fund distributions to or apportioned to	6151
the municipal corporation, county, or township as provided in this	6152
division. The apportionment of local government fund moneys to the	6153
municipal corporation, county, or township for any year from the	6154
undivided local government fund shall be determined as to the	6155
municipal corporation, county, or township without regard to the	6156
amounts to be deposited with the fiscal agent or trustee in that	6157
year in accordance with division (G) of this section. After the	6158
amount of the undivided local government fund apportioned to the	6159
municipal corporation, county, or township for a calendar year is	6160
determined, the county auditor and the county treasurer shall	6161
withhold from each monthly amount to be distributed to the	6162
municipal corporation, county, or township from the undivided	6163
local government fund, and transmit to the fiscal agent or trustee	6164
for deposit, one-twelfth of the amount scheduled for deposit in	6165
that year pursuant to division (G) of this section.	6166

(I) If the commission approves the application, the municipal	6167
corporation, county, or township may proceed with the issuance of	6168
the notes as approved by the commission.	6169

All notes issued under authority of this section are lawful	6170
investments for the entities enumerated in division (A)(1) of	6171
section 133.03 of the Revised Code and are eligible as security	6172
for the repayment of the deposit of public moneys.	6173

Upon the issuance of any notes under this section, the fiscal	6174
officer of the municipal corporation, county, or township shall	6175
certify the fact of the issuance to the county auditor and shall	6176
also certify to the county auditor the last calendar year in which	6177
any of the notes are scheduled to mature.	6178

(J) After the legislative authority of the municipal	6179
corporation, county, or township has passed an ordinance or	6180
resolution authorizing the issuance of local government fund notes	6181
and subsequent to the commission's preliminary or final approval	6182
of the ordinance or resolution, the director of law, prosecuting	6183
attorney, or other chief legal officer of the municipal	6184
corporation, county, or township shall certify a sample of the	6185
form and content of a note to be used to issue the local	6186
government fund notes to the commission. The commission shall	6187
determine whether the sample note is consistent with this section	6188
and the ordinance or resolution authorizing the issuance of the	6189
local government fund notes, and if the sample note is found to be	6190
consistent with this section and the ordinance, the commission	6191
shall approve the sample note for use by the municipal	6192
corporation, county, or township. The form and content of the	6193
notes to be used by the municipal corporation, county, or township	6194
in issuing the local government fund notes may be modified at any	6195
time subsequent to the commission's approval of the sample note	6196
upon the approval of the commission and the director of law,	6197
prosecuting attorney, or other chief legal officer of the	6198
municipal corporation, county, or township. The failure of the	6199
director of law, prosecuting attorney, or other chief legal	6200
officer of the municipal corporation, county, or township to make	6201
the certification required by this division shall not subject that	6202
legal officer to removal pursuant to the Revised Code or the	6203
charter of a municipal corporation. If the director of law,	6204
prosecuting attorney, or other chief legal officer fails or	6205
refuses to make the certification required by this division, or if	6206
any officer of the municipal corporation, county, or township	6207
fails or refuses to take any action required by this section or	6208
the ordinance or resolution authorizing the issuance or sale of	6209
local government fund notes, the mayor of the municipal	6210
corporation or the board of county commissioners or board of	6211
township trustees may cause the commencement of a mandamus action	6212
in the supreme court against the director of law, prosecuting	6213
attorney, or other chief legal officer to secure the certification	6214
required by this division or other action required by this section	6215
or the ordinance or resolution. If an adjudication of the matters	6216
that could be adjudicated in validation proceedings under section	6217
133.70 of the Revised Code is necessary to a determination of the	6218
mandamus action, the mayor, the board of county commissioners, or	6219
the board of township trustees or the mayor's or board's legal	6220
counsel shall name and cause to be served as defendants to the	6221
mandamus action all of the following:	6222

(1) The director of law, prosecuting attorney, or other chief	6223
legal officer, or other official of the municipal corporation,	6224
county, or township, whose failure or refusal to act necessitated	6225
the action;	6226

(2) The municipal corporation, through its mayor, or the	6227
board of county commissioners or board of township trustees;	6228

(3) The financial planning and supervision commission,	6229
through its chairperson;	6230

(4) The prosecuting attorney and auditor of each county in	6231
which the municipal corporation, county, or township is located,	6232
in whole or in part;	6233

(5) The auditor of state;

6234

(6) The property owners, taxpayers, citizens of the municipal	6235
corporation, county, or township and others having or claiming any	6236
right, title, or interest in any property or funds to be affected	6237
by the issuance of the local government fund notes by the	6238
municipal corporation, county, or township, or otherwise affected	6239
in any way thereby.	6240

Service upon all defendants described in division (J)(6) of	6241
this section shall be either by publication three times, with at	6242
least six days between each publication, in a newspaper of general	6243
circulation in Franklin county and a newspaper of general	6244
circulation in the county or counties where the municipal	6245
corporation, county, or township is located, or by publication in	6246
both such newspapers as provided in section 7.16 of the Revised	6247
Code. The publication and the notice shall indicate that the	6248
nature of the action is in mandamus, the name of the parties to	6249
the action, and that the action may result in the validation of	6250
the subject local government fund notes. Authorization to commence	6251
such an action by the legislative authority of the municipal	6252
corporation, county, or township is not required.	6253

A copy of the complaint in the mandamus action shall be	6254
served personally or by certified mail upon the attorney general.	6255
If the attorney general has reason to believe that the complaint	6256
is defective, insufficient, or untrue, or if in the attorney	6257
general's opinion the issuance of the local government fund notes	6258
is not lawful or has not been duly authorized, defense shall be	6259
made to the complaint as the attorney general considers proper.	6260

(K) The action in mandamus authorized by division (J) of this	6261
section shall take priority over all other civil cases pending in	6262
the court, except habeas corpus, and shall be determined with the	6263
least possible delay. The supreme court may determine that the	6264
local government fund notes will be consistent with the purpose	6265
and effects, including not occupying the indirect debt limit,	6266
provided for in this section and will be validly issued and	6267
acquired. Such a determination shall include a finding of	6268
validation of the subject local government fund notes if the court	6269
specifically finds that:	6270

(1) The complaint in mandamus, or subsequent pleadings,	6271
include appropriate allegations required by division (C) of	6272
section 133.70 of the Revised Code, and that the proceeding is in	6273
lieu of an action to validate under section 133.70 of the Revised	6274
Code;	6275

(2) All parties described in divisions (J)(1) to (6) of this	6276
section have been duly served with notice or are otherwise	6277
properly before the court;	6278

(3) Notice of the action has been published as required by	6279
division (J) of this section;	6280

(4) The effect of validation is required to provide a	6281
complete review and determination of the controversy in mandamus,	6282
and to avoid duplication of litigation, danger of inconsistent	6283
results, or inordinate delay in light of the fiscal emergency, or	6284
that a disposition in the mandamus action would, as a practical	6285
matter, be dispositive of any subsequent validation proceedings	6286
under section 133.70 of the Revised Code.	6287

(L) Any decision that includes a finding of validation has	6288
the same effect as a validation order established by an action	6289
under section 133.70 of the Revised Code.	6290

(M) Divisions (J) and (K) of this section do not prevent a	6291
municipal corporation, county, or township from using section	6292
133.70 of the Revised Code to validate local government fund notes	6293
by the filing of a petition for validation in the court of common	6294
pleas of the county in which the municipal corporation, county, or	6295
township is located, in whole or in part.	6296

(N) It is hereby determined by the general assembly that a	6297
validation action authorized by section 133.70 of the Revised Code	6298
is not an adequate remedy at law with respect to a municipal	6299
corporation, county, or township that is a party to a mandamus	6300
action pursuant to divisions (J) and (K) of this section and in	6301
which a fiscal emergency condition has been determined to exist	6302
pursuant to section 118.04 of the Revised Code because of, but not	6303
limited to, the following reasons:	6304

(1) It is urgently necessary for such a municipal	6305
corporation, county, or township to take prompt action to issue	6306
local government fund notes for the purposes provided in division	6307
(C) of this section;	6308

(2) The potentially ruinous effect upon the fiscal condition	6309
of a municipal corporation, county, or township by the passage of	6310
the time required to adjudicate such a separate validation action	6311
and any appeals thereof;	6312

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

6313

Sec. 118.31. (A) Upon petition of the financial supervisor	6314
and approval of the financial planning and supervision commission,	6315
if any, the attorney general shall file a court action to dissolve	6316
a municipal corporation or township if all of the following	6317
conditions apply:	6318

(1) The municipal corporation or township has a population of	6319
less than five thousand as of the most recent federal decennial	6320
census.	6321

(2) The municipal corporation or township has been under a	6322
fiscal emergency for at least four consecutive years.	6323

(3) Implementation of the financial plan of the municipal	6324
corporation or township required under this chapter cannot	6325
reasonably be expected to correct and eliminate all fiscal	6326
emergency conditions within five years.	6327

(B) If the court finds that all of the conditions described	6328
in division (A) of this section apply to the municipal corporation	6329
or township, it shall appoint a receiver. The receiver, under	6330
court supervision, shall work with executive and legislative	6331
officers of the municipal corporation or township to wind up the	6332
affairs of and dissolve the municipal corporation in accordance	6333
with section 703.21 of the Revised Code or the township in	6334
accordance with the process in section 503.02 and sections 503.17	6335
to 503.21 of the Revised Code.	6336

Sec. 118.99. (A) During the fiscal emergency period, no	6337
officer or employee of the municipal corporation, county, or	6338
township shall do any of the following:	6339

(1) Knowingly enter into any contract, financial obligation,	6340
or other liability of the municipal corporation, county, or	6341
township involving an expenditure, or make any expenditure in	6342
excess of the amount permitted by section 118.12 of the Revised	6343
Code;	6344

(2) Knowingly enter into any contract, financial obligation,	6345
or other liability of the municipal corporation, county, or	6346
township, or knowingly execute or deliver debt obligations, or	6347
transfer, advance, or borrow moneys from one fund of the municipal	6348
corporation, county, or township to or for any other fund of the	6349
municipal corporation, county, or township where any of such	6350
actions are required to be approved by the financial planning and	6351
supervision commission unless such actions have been so approved	6352
or deemed to be approved as provided in or pursuant to this	6353
chapter;	6354

(3) Knowingly fail or refuse to take any of the actions	6355
required by this chapter for the preparation or amendment of the	6356
financial plan, or knowingly prepare, present, or certify any	6357
information or report for the commission or any of its employees,	6358
advisory committees, task forces, or agents that is false or	6359
misleading or which is recklessly prepared or presented without	6360
due care for its accuracy, or, upon learning that any such	6361
information is false or misleading, or was recklessly prepared or	6362
presented, knowingly fail promptly to advise the commission, or	6363
the employee, advisory committee, task force, or agent to whom	6364
such information was given, of that fact;	6365

(4) Knowingly use or cause to be used moneys of a	6366
construction fund for purposes other than the lawful purposes of	6367
the construction fund, or knowingly use or cause to be used moneys	6368
of a fund created under this chapter for the payment of principal	6369
and interest on debt obligations, or a bond retirement fund, or	6370
sinking fund for other than the payment of the principal of and	6371
interest on debt obligations or other authorized costs or payments	6372
from such funds, or knowingly fail to perform the duty of such	6373
officer or employee to cause the prompt deposit of moneys to any	6374
of the funds referred to in this division.	6375

(B) The prohibitions set forth in division (A) of this	6376
section are in addition to any other prohibitions provided by law	6377
for a municipal corporation, county, or township, or by or	6378
pursuant to a municipal charter.	6379

(C) In addition to any other penalty or liability provided by	6380
law for a municipal corporation, county, or township, or by or	6381
pursuant to a municipal charter, a violation of division (A)(1),	6382
(2), (3), or (4) of this section is a misdemeanor of the second	6383
degree. Upon conviction of any officer or employee of a municipal	6384
corporation, county, or township for any violation under division	6385
(A)(1), (2), (3), or (4) of this section, such officer or employee	6386
shall forfeit office or employment. For the seven-year period	6387
immediately following the date of conviction, such officer shall	6388
also be ineligible to hold any public office or other position of	6389
trust in this state or be employed by any public entity in this	6390
state.	6391

Sec. 120.40. (A) The pay ranges established by the board of	6392
county commissioners for the county public defender ~~and staff,~~ and	6393
those established by the joint board of county commissioners for	6394
the joint county public defender ~~and staff,~~ shall not exceed the	6395
pay ranges assigned under section ~~124.14~~325.11 of the Revised	6396
Code for ~~comparable positions of the Ohio public defender and~~	6397
~~staff~~county prosecutors.	6398

(B) The pay ranges established by the board of county	6399
commissioners for the staff of the county public defender and	6400
those established by the joint board of county commissioners for	6401
the staff of the joint county public defender shall not exceed the	6402
pay ranges assigned under section 124.14 of the Revised Code for	6403
comparable positions of the staff of the Ohio public defender.	6404

Sec. 121.03. The following administrative department heads	6405
shall be appointed by the governor, with the advice and consent of	6406
the senate, and shall hold their offices during the term of the	6407
appointing governor, and are subject to removal at the pleasure of	6408
the governor.	6409

(A) The director of budget and management;

6410

(B) The director of commerce;

6411

6412

(D) The director of agriculture;

6413

(E) The director of job and family services;

6414

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

6415

(G) The director of public safety;

6416

(H) The superintendent of insurance;

6417

(I) The director of development;

6418

(J) The tax commissioner;

6419

(K) The director of administrative services;

6420

(L) The director of natural resources;

6421

(M) The director of mental health;

6422

(N) The director of developmental disabilities;

6423

(O) The director of health;

6424

(P) The director of youth services;

6425

(Q) The director of rehabilitation and correction;

6426

(R) The director of environmental protection;

6427

(S) The director of aging;

6428

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

6429

(U) The administrator of workers' compensation who meets the	6430
qualifications required under division (A) of section 4121.121 of	6431
the Revised Code;	6432

(V) The director of veterans services who meets the	6433
qualifications required under section 5902.01 of the Revised Code;	6434

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

6435

Sec. 121.04. Offices are created within the several	6436
departments as follows:	6437

In the department of commerce:

6438

		Commissioner of securities;		6439
		Superintendent of real estate and professional licensing;		6440
		Superintendent of financial institutions;		6441
		State fire marshal;		6442
		Superintendent of labor;		6443
		Superintendent of liquor control;		6444
		Superintendent of unclaimed funds.		6445

In the department of administrative services:

6446

		State architect and engineer;		6447
		Equal employment opportunity coordinator.		6448

In the department of agriculture:

6449

Chiefs of divisions as follows:

6450

		Administration;		6451
		Animal industry;		6452
		Dairy;		6453
		Food safety;		6454
		Plant industry;		6455
		Markets;		6456
		Meat inspection;		6457
		Consumer analytical laboratory;		6458
		Amusement ride safety;		6459
		Enforcement;		6460
		Weights and measures.		6461

In the department of natural resources:

6462

Chiefs of divisions as follows:

6463

				6464
		Mineral resources management;		6465
		Oil and gas resources management;		6466
		Forestry;		6467
		Natural areas and preserves;		6468
		Wildlife;		6469
		Geological survey;		6470
		Parks and recreation;		6471
		Watercraft;		6472
		Recycling and litter prevention;		6473
		Soil and water resources;		6474
		Engineering.		6475

In the department of insurance:

6476

		Deputy superintendent of insurance;		6477
		Assistant superintendent of insurance, technical;		6478
		Assistant superintendent of insurance, administrative;		6479
		Assistant superintendent of insurance, research.		6480

Sec. 121.22. (A) This section shall be liberally construed	6481
to require public officials to take official action and to conduct	6482
all deliberations upon official business only in open meetings	6483
unless the subject matter is specifically excepted by law.	6484

(B) As used in this section:

6485

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

6486

(a) Any board, commission, committee, council, or similar	6487
decision-making body of a state agency, institution, or authority,	6488
and any legislative authority or board, commission, committee,	6489
council, agency, authority, or similar decision-making body of any	6490
county, township, municipal corporation, school district, or other	6491
political subdivision or local public institution;	6492

(b) Any committee or subcommittee of a body described in	6493
division (B)(1)(a) of this section;	6494

(c) A court of jurisdiction of a sanitary district organized	6495
wholly for the purpose of providing a water supply for domestic,	6496
municipal, and public use when meeting for the purpose of the	6497
appointment, removal, or reappointment of a member of the board of	6498
directors of such a district pursuant to section 6115.10 of the	6499
Revised Code, if applicable, or for any other matter related to	6500
such a district other than litigation involving the district. As	6501
used in division (B)(1)(c) of this section, "court of	6502
jurisdiction" has the same meaning as "court" in section 6115.01	6503
of the Revised Code.	6504

(2) "Meeting" means any prearranged discussion of the public	6505
business of the public body by a majority of its members.	6506

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

6507

(a) A student in a state or local public educational	6508
institution;	6509

(b) A person who is, voluntarily or involuntarily, an inmate,	6510
patient, or resident of a state or local institution because of	6511
criminal behavior, mental illness or retardation, disease,	6512
disability, age, or other condition requiring custodial care.	6513

(4) "Public office" has the same meaning as in section	6514
149.011 of the Revised Code.	6515

(C) All meetings of any public body are declared to be public	6516
meetings open to the public at all times. A member of a public	6517
body shall be present in person at a meeting open to the public to	6518
be considered present or to vote at the meeting and for purposes	6519
of determining whether a quorum is present at the meeting.	6520

The minutes of a regular or special meeting of any public	6521
body shall be promptly prepared, filed, and maintained and shall	6522
be open to public inspection. The minutes need only reflect the	6523
general subject matter of discussions in executive sessions	6524
authorized under division (G) or (J) of this section.	6525

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

6526

(1) A grand jury;

6527

(2) An audit conference conducted by the auditor of state or	6528
independent certified public accountants with officials of the	6529
public office that is the subject of the audit;	6530

(3) The adult parole authority when its hearings are	6531
conducted at a correctional institution for the sole purpose of	6532
interviewing inmates to determine parole or pardon;	6533

(4) The organized crime investigations commission established	6534
under section 177.01 of the Revised Code;	6535

(5) Meetings of a child fatality review board established	6536
under section 307.621 of the Revised Code and meetings conducted	6537
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	6538

(6) The state medical board when determining whether to	6539
suspend a certificate without a prior hearing pursuant to division	6540
(G) of either section 4730.25 or 4731.22 of the Revised Code;	6541

(7) The board of nursing when determining whether to suspend	6542
a license or certificate without a prior hearing pursuant to	6543
division (B) of section 4723.281 of the Revised Code;	6544

(8) The state board of pharmacy when determining whether to	6545
suspend a license without a prior hearing pursuant to division (D)	6546
of section 4729.16 of the Revised Code;	6547

(9) The state chiropractic board when determining whether to	6548
suspend a license without a hearing pursuant to section 4734.37 of	6549
the Revised Code;	6550

(10) The executive committee of the emergency response	6551
commission when determining whether to issue an enforcement order	6552
or request that a civil action, civil penalty action, or criminal	6553
action be brought to enforce Chapter 3750. of the Revised Code;	6554

(11) The board of directors of the nonprofit corporation	6555
formed under section 187.01 of the Revised Code or any committee	6556
thereof, and the board of directors of any subsidiary of that	6557
corporation or a committee thereof;	6558

(12) An audit conference conducted by the audit staff of the	6559
department of job and family services with officials of the public	6560
office that is the subject of that audit under section 5101.37 of	6561
the Revised Code.	6562

(E) The controlling board, the development financing advisory	6563
council, the industrial technology and enterprise advisory	6564
council, the tax credit authority, or the minority development	6565
financing advisory board, when meeting to consider granting	6566
assistance pursuant to Chapter 122. or 166. of the Revised Code,	6567
in order to protect the interest of the applicant or the possible	6568
investment of public funds, by unanimous vote of all board,	6569
council, or authority members present, may close the meeting	6570
during consideration of the following information confidentially	6571
received by the authority, council, or board from the applicant:	6572

(1) Marketing plans;

6573

(2) Specific business strategy;

6574

(3) Production techniques and trade secrets;

6575

(4) Financial projections;

6576

(5) Personal financial statements of the applicant or members	6577
of the applicant's immediate family, including, but not limited	6578
to, tax records or other similar information not open to public	6579
inspection.	6580

The vote by the authority, council, or board to accept or	6581
reject the application, as well as all proceedings of the	6582
authority, council, or board not subject to this division, shall	6583
be open to the public and governed by this section.	6584

(F) Every public body, by rule, shall establish a reasonable	6585
method whereby any person may determine the time and place of all	6586
regularly scheduled meetings and the time, place, and purpose of	6587
all special meetings. A public body shall not hold a special	6588
meeting unless it gives at least twenty-four hours' advance notice	6589
to the news media that have requested notification, except in the	6590
event of an emergency requiring immediate official action. In the	6591
event of an emergency, the member or members calling the meeting	6592
shall notify the news media that have requested notification	6593
immediately of the time, place, and purpose of the meeting.	6594

The rule shall provide that any person, upon request and	6595
payment of a reasonable fee, may obtain reasonable advance	6596
notification of all meetings at which any specific type of public	6597
business is to be discussed. Provisions for advance notification	6598
may include, but are not limited to, mailing the agenda of	6599
meetings to all subscribers on a mailing list or mailing notices	6600
in self-addressed, stamped envelopes provided by the person.	6601

(G) Except as provided in division (J) of this section, the	6602
members of a public body may hold an executive session only after	6603
a majority of a quorum of the public body determines, by a roll	6604
call vote, to hold an executive session and only at a regular or	6605
special meeting for the sole purpose of the consideration of any	6606
of the following matters:	6607

(1) To consider the appointment, employment, dismissal,	6608
discipline, promotion, demotion, or compensation of a public	6609
employee or official, or the investigation of charges or	6610
complaints against a public employee, official, licensee, or	6611
regulated individual, unless the public employee, official,	6612
licensee, or regulated individual requests a public hearing.	6613
Except as otherwise provided by law, no public body shall hold an	6614
executive session for the discipline of an elected official for	6615
conduct related to the performance of the elected official's	6616
official duties or for the elected official's removal from office.	6617
If a public body holds an executive session pursuant to division	6618
(G)(1) of this section, the motion and vote to hold that executive	6619
session shall state which one or more of the approved purposes	6620
listed in division (G)(1) of this section are the purposes for	6621
which the executive session is to be held, but need not include	6622
the name of any person to be considered at the meeting.	6623

(2) To consider the purchase of property for public purposes,	6624
or for the sale of property at competitive bidding, if premature	6625
disclosure of information would give an unfair competitive or	6626
bargaining advantage to a person whose personal, private interest	6627
is adverse to the general public interest. No member of a public	6628
body shall use division (G)(2) of this section as a subterfuge for	6629
providing covert information to prospective buyers or sellers. A	6630
purchase or sale of public property is void if the seller or buyer	6631
of the public property has received covert information from a	6632
member of a public body that has not been disclosed to the general	6633
public in sufficient time for other prospective buyers and sellers	6634
to prepare and submit offers.	6635

If the minutes of the public body show that all meetings and	6636
deliberations of the public body have been conducted in compliance	6637
with this section, any instrument executed by the public body	6638
purporting to convey, lease, or otherwise dispose of any right,	6639
title, or interest in any public property shall be conclusively	6640
presumed to have been executed in compliance with this section	6641
insofar as title or other interest of any bona fide purchasers,	6642
lessees, or transferees of the property is concerned.	6643

(3) Conferences with an attorney for the public body	6644
concerning disputes involving the public body that are the subject	6645
of pending or imminent court action;	6646

(4) Preparing for, conducting, or reviewing negotiations or	6647
bargaining sessions with public employees concerning their	6648
compensation or other terms and conditions of their employment;	6649

(5) Matters required to be kept confidential by federal law	6650
or regulations or state statutes;	6651

(6) Details relative to the security arrangements and	6652
emergency response protocols for a public body or a public office,	6653
if disclosure of the matters discussed could reasonably be	6654
expected to jeopardize the security of the public body or public	6655
office;	6656

(7) In the case of a county hospital operated pursuant to	6657
Chapter 339. of the Revised Code, a joint township hospital	6658
operated pursuant to Chapter 513. of the Revised Code, or a	6659
municipal hospital operated pursuant to Chapter 749. of the	6660
Revised Code, to consider trade secrets, as defined in section	6661
1333.61 of the Revised Code.	6662

If a public body holds an executive session to consider any	6663
of the matters listed in divisions (G)(2) to (7) of this section,	6664
the motion and vote to hold that executive session shall state	6665
which one or more of the approved matters listed in those	6666
divisions are to be considered at the executive session.	6667

A public body specified in division (B)(1)(c) of this section	6668
shall not hold an executive session when meeting for the purposes	6669
specified in that division.	6670

(H) A resolution, rule, or formal action of any kind is	6671
invalid unless adopted in an open meeting of the public body. A	6672
resolution, rule, or formal action adopted in an open meeting that	6673
results from deliberations in a meeting not open to the public is	6674
invalid unless the deliberations were for a purpose specifically	6675
authorized in division (G) or (J) of this section and conducted at	6676
an executive session held in compliance with this section. A	6677
resolution, rule, or formal action adopted in an open meeting is	6678
invalid if the public body that adopted the resolution, rule, or	6679
formal action violated division (F) of this section.	6680

(I)(1) Any person may bring an action to enforce this	6681
section. An action under division (I)(1) of this section shall be	6682
brought within two years after the date of the alleged violation	6683
or threatened violation. Upon proof of a violation or threatened	6684
violation of this section in an action brought by any person, the	6685
court of common pleas shall issue an injunction to compel the	6686
members of the public body to comply with its provisions.	6687

(2)(a) If the court of common pleas issues an injunction	6688
pursuant to division (I)(1) of this section, the court shall order	6689
the public body that it enjoins to pay a civil forfeiture of five	6690
hundred dollars to the party that sought the injunction and shall	6691
award to that party all court costs and, subject to reduction as	6692
described in division (I)(2) of this section, reasonable	6693
attorney's fees. The court, in its discretion, may reduce an award	6694
of attorney's fees to the party that sought the injunction or not	6695
award attorney's fees to that party if the court determines both	6696
of the following:	6697

(i) That, based on the ordinary application of statutory law	6698
and case law as it existed at the time of violation or threatened	6699
violation that was the basis of the injunction, a well-informed	6700
public body reasonably would believe that the public body was not	6701
violating or threatening to violate this section;	6702

(ii) That a well-informed public body reasonably would	6703
believe that the conduct or threatened conduct that was the basis	6704
of the injunction would serve the public policy that underlies the	6705
authority that is asserted as permitting that conduct or	6706
threatened conduct.	6707

(b) If the court of common pleas does not issue an injunction	6708
pursuant to division (I)(1) of this section and the court	6709
determines at that time that the bringing of the action was	6710
frivolous conduct, as defined in division (A) of section 2323.51	6711
of the Revised Code, the court shall award to the public body all	6712
court costs and reasonable attorney's fees, as determined by the	6713
court.	6714

(3) Irreparable harm and prejudice to the party that sought	6715
the injunction shall be conclusively and irrebuttably presumed	6716
upon proof of a violation or threatened violation of this section.	6717

(4) A member of a public body who knowingly violates an	6718
injunction issued pursuant to division (I)(1) of this section may	6719
be removed from office by an action brought in the court of common	6720
pleas for that purpose by the prosecuting attorney or the attorney	6721
general.	6722

(J)(1) Pursuant to division (C) of section 5901.09 of the	6723
Revised Code, a veterans service commission shall hold an	6724
executive session for one or more of the following purposes unless	6725
an applicant requests a public hearing:	6726

(a) Interviewing an applicant for financial assistance under	6727
sections 5901.01 to 5901.15 of the Revised Code;	6728

(b) Discussing applications, statements, and other documents	6729
described in division (B) of section 5901.09 of the Revised Code;	6730

(c) Reviewing matters relating to an applicant's request for	6731
financial assistance under sections 5901.01 to 5901.15 of the	6732
Revised Code.	6733

(2) A veterans service commission shall not exclude an	6734
applicant for, recipient of, or former recipient of financial	6735
assistance under sections 5901.01 to 5901.15 of the Revised Code,	6736
and shall not exclude representatives selected by the applicant,	6737
recipient, or former recipient, from a meeting that the commission	6738
conducts as an executive session that pertains to the applicant's,	6739
recipient's, or former recipient's application for financial	6740
assistance.	6741

(3) A veterans service commission shall vote on the grant or	6742
denial of financial assistance under sections 5901.01 to 5901.15	6743
of the Revised Code only in an open meeting of the commission. The	6744
minutes of the meeting shall indicate the name, address, and	6745
occupation of the applicant, whether the assistance was granted or	6746
denied, the amount of the assistance if assistance is granted, and	6747
the votes for and against the granting of assistance.	6748

Sec. 121.37. (A)(1) There is hereby created the Ohio family	6749
and children first cabinet council. The council shall be composed	6750
of the superintendent of public instruction, the administrator of	6751
the rehabilitation services commission, and the directors of youth	6752
services, job and family services, mental health, health, alcohol	6753
and drug addiction services, developmental disabilities, aging,	6754
rehabilitation and correction, and budget and management. The	6755
chairperson of the council shall be the governor or the governor's	6756
designee and shall establish procedures for the council's internal	6757
control and management.	6758

The purpose of the cabinet council is to help families	6759
seeking government services. This section shall not be interpreted	6760
or applied to usurp the role of parents, but solely to streamline	6761
and coordinate existing government services for families seeking	6762
assistance for their children.	6763

(2) In seeking to fulfill its purpose, the council may do any	6764
of the following:	6765

(a) Advise and make recommendations to the governor and	6766
general assembly regarding the provision of services to children;	6767

(b) Advise and assess local governments on the coordination	6768
of service delivery to children;	6769

(c) Hold meetings at such times and places as may be	6770
prescribed by the council's procedures and maintain records of the	6771
meetings, except that records identifying individual children are	6772
confidential and shall be disclosed only as provided by law;	6773

(d) Develop programs and projects, including pilot projects,	6774
to encourage coordinated efforts at the state and local level to	6775
improve the state's social service delivery system;	6776

(e) Enter into contracts with and administer grants to county	6777
family and children first councils, as well as other county or	6778
multicounty organizations to plan and coordinate service delivery	6779
between state agencies and local service providers for families	6780
and children;	6781

(f) Enter into contracts with and apply for grants from	6782
federal agencies or private organizations;	6783

(g) Enter into interagency agreements to encourage	6784
coordinated efforts at the state and local level to improve the	6785
state's social service delivery system. The agreements may include	6786
provisions regarding the receipt, transfer, and expenditure of	6787
funds;	6788

(h) Identify public and private funding sources for services	6789
provided to alleged or adjudicated unruly children and children	6790
who are at risk of being alleged or adjudicated unruly children,	6791
including regulations governing access to and use of the services;	6792

(i) Collect information provided by local communities	6793
regarding successful programs for prevention, intervention, and	6794
treatment of unruly behavior, including evaluations of the	6795
programs;	6796

(j) Identify and disseminate publications regarding alleged	6797
or adjudicated unruly children and children who are at risk of	6798
being alleged or adjudicated unruly children and regarding	6799
programs serving those types of children;	6800

(k) Maintain an inventory of strategic planning facilitators	6801
for use by government or nonprofit entities that serve alleged or	6802
adjudicated unruly children or children who are at risk of being	6803
alleged or adjudicated unruly children.	6804

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

6805

(a) Reviews of service and treatment plans for children for	6806
which such reviews are requested;	6807

(b) Assistance as the council determines to be necessary to	6808
meet the needs of children referred by county family and children	6809
first councils;	6810

(c) Monitoring and supervision of a statewide, comprehensive,	6811
coordinated, multi-disciplinary, interagency system for infants	6812
and toddlers with developmental disabilities or delays and their	6813
families, as established pursuant to federal grants received and	6814
administered by the department of health for early intervention	6815
services under the "Individuals with Disabilities Education Act of	6816
2004," 20 U.S.C.A. 1400, as amended.	6817

(4) The cabinet council shall develop and implement the	6818
following:	6819

(a) An interagency process to select the indicators that will	6820
be used to measure progress toward increasing child well-being in	6821
the state and to update the indicators on an annual basis. The	6822
indicators shall focus on expectant parents and newborns thriving;	6823
infants and toddlers thriving; children being ready for school;	6824
children and youth succeeding in school; youth choosing healthy	6825
behaviors; and youth successfully transitioning into adulthood.	6826

(b) An interagency system to offer guidance and monitor	6827
progress toward increasing child well-being in the state and in	6828
each county;	6829

(c) An annual plan that identifies state-level agency efforts	6830
taken to ensure progress towards increasing child well-being in	6831
the state.	6832

On an annual basis, the cabinet council shall submit to the	6833
governor and the general assembly a report on the status of	6834
efforts to increase child well-being in the state. This report	6835
shall be made available to any other person on request.	6836

(B)(1) Each board of county commissioners shall establish a	6837
county family and children first council. The board may invite any	6838
local public or private agency or group that funds, advocates, or	6839
provides services to children and families to have a	6840
representative become a permanent or temporary member of its	6841
county council. Each county council must include the following	6842
individuals:	6843

(a) At least three individuals who are not employed by an	6844
agency represented on the council and whose families are or have	6845
received services from an agency represented on the council or	6846
another county's council. Where possible, the number of members	6847
representing families shall be equal to twenty per cent of the	6848
council's membership.	6849

(b) The director of the board of alcohol, drug addiction, and	6850
mental health services that serves the county, or, in the case of	6851
a county that has a board of alcohol and drug addiction services	6852
and a community mental health board, the directors of both boards.	6853
If a board of alcohol, drug addiction, and mental health services	6854
covers more than one county, the director may designate a person	6855
to participate on the county's council.	6856

(c) The health commissioner, or the commissioner's designee,	6857
of the board of health of each city and general health district in	6858
the county. If the county has two or more health districts, the	6859
health commissioner membership may be limited to the commissioners	6860
of the two districts with the largest populations.	6861

(d) The director of the county department of job and family	6862
services;	6863

(e) The executive director of the public children services	6864
agency;	6865

(f) The superintendent of the county board of developmental	6866
disabilities;	6867

(g) The superintendent of the city, exempted village, or	6868
local school district with the largest number of pupils residing	6869
in the county, as determined by the department of education, which	6870
shall notify each board of county commissioners of its	6871
determination at least biennially;	6872

(h) A school superintendent representing all other school	6873
districts with territory in the county, as designated at a	6874
biennial meeting of the superintendents of those districts;	6875

(i) A representative of the municipal corporation with the	6876
largest population in the county;	6877

(j) The president of the board of county commissioners or an	6878
individual designated by the board;	6879

(k) A representative of the regional office of the department	6880
of youth services;	6881

(l) A representative of the county's head start agencies, as	6882
defined in section 3301.32 of the Revised Code;	6883

(m) A representative of the county's early intervention	6884
collaborative established pursuant to the federal early	6885
intervention program operated under the "Individuals with	6886
Disabilities Education Act of 2004";	6887

(n) A representative of a local nonprofit entity that funds,	6888
advocates, or provides services to children and families.	6889

Notwithstanding any other provision of law, the public	6890
members of a county council are not prohibited from serving on the	6891
council and making decisions regarding the duties of the council,	6892
including those involving the funding of joint projects and those	6893
outlined in the county's service coordination mechanism	6894
implemented pursuant to division (C) of this section.	6895

The cabinet council shall establish a state appeals process	6896
to resolve disputes among the members of a county council	6897
concerning whether reasonable responsibilities as members are	6898
being shared. The appeals process may be accessed only by a	6899
majority vote of the council members who are required to serve on	6900
the council. Upon appeal, the cabinet council may order that state	6901
funds for services to children and families be redirected to a	6902
county's board of county commissioners.	6903

The county's juvenile court judge senior in service or	6904
another judge of the juvenile court designated by the	6905
administrative judge or, where there is no administrative judge,	6906
by the judge senior in service shall serve as the judicial advisor	6907
to the county family and children first council. The judge may	6908
advise the county council on the court's utilization of resources,	6909
services, or programs provided by the entities represented by the	6910
members of the county council and how those resources, services,	6911
or programs assist the court in its administration of justice.	6912
Service of a judge as a judicial advisor pursuant to this section	6913
is a judicial function.	6914

(2) The purpose of the county council is to streamline and	6915
coordinate existing government services for families seeking	6916
services for their children. In seeking to fulfill its purpose, a	6917
county council shall provide for the following:	6918

(a) Referrals to the cabinet council of those children for	6919
whom the county council cannot provide adequate services;	6920

(b) Development and implementation of a process that annually	6921
evaluates and prioritizes services, fills service gaps where	6922
possible, and invents new approaches to achieve better results for	6923
families and children;	6924

(c) Participation in the development of a countywide,	6925
comprehensive, coordinated, multi-disciplinary, interagency system	6926
for infants and toddlers with developmental disabilities or delays	6927
and their families, as established pursuant to federal grants	6928
received and administered by the department of health for early	6929
intervention services under the "Individuals with Disabilities	6930
Education Act of 2004";	6931

(d) Maintenance of an accountability system to monitor the	6932
county council's progress in achieving results for families and	6933
children;	6934

(e) Establishment of a mechanism to ensure ongoing input from	6935
a broad representation of families who are receiving services	6936
within the county system.	6937

(3) A county council shall develop and implement the	6938
following:	6939

(a) An interagency process to establish local indicators and	6940
monitor the county's progress toward increasing child well-being	6941
in the county;	6942

(b) An interagency process to identify local priorities to	6943
increase child well-being. The local priorities shall focus on	6944
expectant parents and newborns thriving; infants and toddlers	6945
thriving; children being ready for school; children and youth	6946
succeeding in school; youth choosing healthy behaviors; and youth	6947
successfully transitioning into adulthood and take into account	6948
the indicators established by the cabinet council under division	6949
(A)(4)(a) of this section.	6950

(c) An annual plan that identifies the county's interagency	6951
efforts to increase child well-being in the county.	6952

On an annual basis, the county council shall submit a report	6953
on the status of efforts by the county to increase child	6954
well-being in the county to the county's board of county	6955
commissioners and the cabinet council. This report shall be made	6956
available to any other person on request.	6957

(4)(a) Except as provided in division (B)(4)(b) of this	6958
section, a county council shall comply with the policies,	6959
procedures, and activities prescribed by the rules or interagency	6960
agreements of a state department participating on the cabinet	6961
council whenever the county council performs a function subject to	6962
those rules or agreements.	6963

(b) On application of a county council, the cabinet council	6964
may grant an exemption from any rules or interagency agreements of	6965
a state department participating on the council if an exemption is	6966
necessary for the council to implement an alternative program or	6967
approach for service delivery to families and children. The	6968
application shall describe the proposed program or approach and	6969
specify the rules or interagency agreements from which an	6970
exemption is necessary. The cabinet council shall approve or	6971
disapprove the application in accordance with standards and	6972
procedures it shall adopt. If an application is approved, the	6973
exemption is effective only while the program or approach is being	6974
implemented, including a reasonable period during which the	6975
program or approach is being evaluated for effectiveness.	6976

(5)(a) Each county council shall designate an administrative	6977
agent for the council from among the following public entities:	6978
the board of alcohol, drug addiction, and mental health services,	6979
including a board of alcohol and drug addiction or a community	6980
mental health board if the county is served by separate boards;	6981
the board of county commissioners; any board of health of the	6982
county's city and general health districts; the county department	6983
of job and family services; the county agency responsible for the	6984
administration of children services pursuant to section 5153.15 of	6985
the Revised Code; the county board of developmental disabilities;	6986
any of the county's boards of education or governing boards of	6987
educational service centers; or the county's juvenile court. Any	6988
of the foregoing public entities, other than the board of county	6989
commissioners, may decline to serve as the council's	6990
administrative agent.	6991

A county council's administrative agent shall serve as the	6992
council's appointing authority for any employees of the council.	6993
The council shall file an annual budget with its administrative	6994
agent, with copies filed with the county auditor and with the	6995
board of county commissioners, unless the board is serving as the	6996
council's administrative agent. The council's administrative agent	6997
shall ensure that all expenditures are handled in accordance with	6998
policies, procedures, and activities prescribed by state	6999
departments in rules or interagency agreements that are applicable	7000
to the council's functions.	7001

The administrative agent of a county council shall send	7002
notice of a member's absence if a member listed in division (B)(1)	7003
of this section has been absent from either three consecutive	7004
meetings of the county council or a county council subcommittee,	7005
or from one-quarter of such meetings in a calendar year, whichever	7006
is less. The notice shall be sent to the board of county	7007
commissioners that establishes the county council and, for the	7008
members listed in divisions (B)(1)(b), (c), (e), and (l) of this	7009
section, to the governing board overseeing the respective entity;	7010
for the member listed in division (B)(1)(f) of this section, to	7011
the county board of developmental disabilities that employs the	7012
superintendent; for a member listed in division (B)(1)(g) or (h)	7013
of this section, to the school board that employs the	7014
superintendent; for the member listed in division (B)(1)(i) of	7015
this section, to the mayor of the municipal corporation; for the	7016
member listed in division (B)(1)(k) of this section, to the	7017
director of youth services; and for the member listed in division	7018
(B)(1)(n) of this section, to that member's board of trustees.	7019

The administrative agent for a county council may do any of	7020
the following on behalf of the council:	7021

(i) Enter into agreements or administer contracts with public	7022
or private entities to fulfill specific council business. Such	7023
agreements and contracts are exempt from the competitive bidding	7024
requirements of section 307.86 of the Revised Code if they have	7025
been approved by the county council and they are for the purchase	7026
of family and child welfare or child protection services or other	7027
social or job and family services for families and children. The	7028
approval of the county council is not required to exempt	7029
agreements or contracts entered into under section 5139.34,	7030
5139.41, or 5139.43 of the Revised Code from the competitive	7031
bidding requirements of section 307.86 of the Revised Code.	7032

(ii) As determined by the council, provide financial	7033
stipends, reimbursements, or both, to family representatives for	7034
expenses related to council activity;	7035

(iii) Receive by gift, grant, devise, or bequest any moneys,	7036
lands, or other property for the purposes for which the council is	7037
established. The agent shall hold, apply, and dispose of the	7038
moneys, lands, or other property according to the terms of the	7039
gift, grant, devise, or bequest. Any interest or earnings shall be	7040
treated in the same manner and are subject to the same terms as	7041
the gift, grant, devise, or bequest from which it accrues.	7042

(b)(i) If the county council designates the board of county	7043
commissioners as its administrative agent, the board may, by	7044
resolution, delegate any of its powers and duties as	7045
administrative agent to an executive committee the board	7046
establishes from the membership of the county council. The board	7047
shall name to the executive committee at least the individuals	7048
described in divisions (B)(1)(b) to (h) of this section and may	7049
appoint the president of the board or another individual as the	7050
chair of the executive committee. The executive committee must	7051
include at least one family county council representative who does	7052
not have a family member employed by an agency represented on the	7053
council.	7054

(ii) The executive committee may, with the approval of the	7055
board, hire an executive director to assist the county council in	7056
administering its powers and duties. The executive director shall	7057
serve in the unclassified civil service at the pleasure of the	7058
executive committee. The executive director may, with the approval	7059
of the executive committee, hire other employees as necessary to	7060
properly conduct the county council's business.	7061

(iii) The board may require the executive committee to submit	7062
an annual budget to the board for approval and may amend or repeal	7063
the resolution that delegated to the executive committee its	7064
authority as the county council's administrative agent.	7065

(6) Two or more county councils may enter into an agreement	7066
to administer their county councils jointly by creating a regional	7067
family and children first council. A regional council possesses	7068
the same duties and authority possessed by a county council,	7069
except that the duties and authority apply regionally rather than	7070
to individual counties. Prior to entering into an agreement to	7071
create a regional council, the members of each county council to	7072
be part of the regional council shall meet to determine whether	7073
all or part of the members of each county council will serve as	7074
members of the regional council.	7075

(7) A board of county commissioners may approve a resolution	7076
by a majority vote of the board's members that requires the county	7077
council to submit a statement to the board each time the council	7078
proposes to enter into an agreement, adopt a plan, or make a	7079
decision, other than a decision pursuant to section 121.38 of the	7080
Revised Code, that requires the expenditure of funds for two or	7081
more families. The statement shall describe the proposed	7082
agreement, plan, or decision.	7083

Not later than fifteen days after the board receives the	7084
statement, it shall, by resolution approved by a majority of its	7085
members, approve or disapprove the agreement, plan, or decision.	7086
Failure of the board to pass a resolution during that time period	7087
shall be considered approval of the agreement, plan, or decision.	7088

An agreement, plan, or decision for which a statement is	7089
required to be submitted to the board shall be implemented only if	7090
it is approved by the board.	7091

(C) Each county shall develop a county service coordination	7092
mechanism. The county service coordination mechanism shall serve	7093
as the guiding document for coordination of services in the	7094
county. For children who also receive services under the help me	7095
grow program, the service coordination mechanism shall be	7096
consistent with rules adopted by the department of health under	7097
section 3701.61 of the Revised Code. All family service	7098
coordination plans shall be developed in accordance with the	7099
county service coordination mechanism. The mechanism shall be	7100
developed and approved with the participation of the county	7101
entities representing child welfare; mental retardation and	7102
developmental disabilities; alcohol, drug addiction, and mental	7103
health services; health; juvenile judges; education; the county	7104
family and children first council; and the county early	7105
intervention collaborative established pursuant to the federal	7106
early intervention program operated under the "Individuals with	7107
Disabilities Education Act of 2004." The county shall establish an	7108
implementation schedule for the mechanism. The cabinet council may	7109
monitor the implementation and administration of each county's	7110
service coordination mechanism.	7111

Each mechanism shall include all of the following:

7112

(1) A procedure for an agency, including a juvenile court, or	7113
a family voluntarily seeking service coordination, to refer the	7114
child and family to the county council for service coordination in	7115
accordance with the mechanism;	7116

(2) A procedure ensuring that a family and all appropriate	7117
staff from involved agencies, including a representative from the	7118
appropriate school district, are notified of and invited to	7119
participate in all family service coordination plan meetings;	7120

(3) A procedure that permits a family to initiate a meeting	7121
to develop or review the family's service coordination plan and	7122
allows the family to invite a family advocate, mentor, or support	7123
person of the family's choice to participate in any such meeting;	7124

(4) A procedure for ensuring that a family service	7125
coordination plan meeting is conducted for each child who receives	7126
service coordination under the mechanism and for whom an emergency	7127
out-of-home placement has been made or for whom a nonemergency	7128
out-of-home placement is being considered. The meeting shall be	7129
conducted within ten days of an emergency out-of-home placement.	7130
The meeting shall be conducted before a nonemergency out-of-home	7131
placement. The family service coordination plan shall outline how	7132
the county council members will jointly pay for services, where	7133
applicable, and provide services in the least restrictive	7134
environment.	7135

(5) A procedure for monitoring the progress and tracking the	7136
outcomes of each service coordination plan requested in the county	7137
including monitoring and tracking children in out-of-home	7138
placements to assure continued progress, appropriateness of	7139
placement, and continuity of care after discharge from placement	7140
with appropriate arrangements for housing, treatment, and	7141
education.	7142

(6) A procedure for protecting the confidentiality of all	7143
personal family information disclosed during service coordination	7144
meetings or contained in the comprehensive family service	7145
coordination plan.	7146

(7) A procedure for assessing the needs and strengths of any	7147
child or family that has been referred to the council for service	7148
coordination, including a child whose parent or custodian is	7149
voluntarily seeking services, and for ensuring that parents and	7150
custodians are afforded the opportunity to participate;	7151

(8) A procedure for development of a family service	7152
coordination plan described in division (D) of this section;	7153

(9) A local dispute resolution process to serve as the	7154
process that must be used first to resolve disputes among the	7155
agencies represented on the county council concerning the	7156
provision of services to children, including children who are	7157
abused, neglected, dependent, unruly, alleged unruly, or	7158
delinquent children and under the jurisdiction of the juvenile	7159
court and children whose parents or custodians are voluntarily	7160
seeking services. The local dispute resolution process shall	7161
comply with sections 121.38, 121.381, and 121.382 of the Revised	7162
Code. The local dispute resolution process shall be used to	7163
resolve disputes between a child's parents or custodians and the	7164
county council regarding service coordination. The county council	7165
shall inform the parents or custodians of their right to use the	7166
dispute resolution process. Parents or custodians shall use	7167
existing local agency grievance procedures to address disputes not	7168
involving service coordination. The dispute resolution process is	7169
in addition to and does not replace other rights or procedures	7170
that parents or custodians may have under other sections of the	7171
Revised Code.	7172

The cabinet council shall adopt rules in accordance with	7173
Chapter 119. of the Revised Code establishing an administrative	7174
review process to address problems that arise concerning the	7175
operation of a local dispute resolution process.	7176

Nothing in division (C)(4) of this section shall be	7177
interpreted as overriding or affecting decisions of a juvenile	7178
court regarding an out-of-home placement, long-term placement, or	7179
emergency out-of-home placement.	7180

(D) Each county shall develop a family service coordination	7181
plan that does all of the following:	7182

(1) Designates service responsibilities among the various	7183
state and local agencies that provide services to children and	7184
their families, including children who are abused, neglected,	7185
dependent, unruly, or delinquent children and under the	7186
jurisdiction of the juvenile court and children whose parents or	7187
custodians are voluntarily seeking services;	7188

(2) Designates an individual, approved by the family, to	7189
track the progress of the family service coordination plan,	7190
schedule reviews as necessary, and facilitate the family service	7191
coordination plan meeting process;	7192

(3) Ensures that assistance and services to be provided are	7193
responsive to the strengths and needs of the family, as well as	7194
the family's culture, race, and ethnic group, by allowing the	7195
family to offer information and suggestions and participate in	7196
decisions. Identified assistance and services shall be provided in	7197
the least restrictive environment possible.	7198

(4) Includes a process for dealing with a child who is	7199
alleged to be an unruly child. The process shall include methods	7200
to divert the child from the juvenile court system;	7201

(5) Includes timelines for completion of goals specified in	7202
the plan with regular reviews scheduled to monitor progress toward	7203
those goals;	7204

(6) Includes a plan for dealing with short-term crisis	7205
situations and safety concerns.	7206

(E)(1) The process provided for under division (D)(4) of this	7207
section may include, but is not limited to, the following:	7208

(a) Designation of the person or agency to conduct the	7209
assessment of the child and the child's family as described in	7210
division (C)(7) of this section and designation of the instrument	7211
or instruments to be used to conduct the assessment;	7212

(b) An emphasis on the personal responsibilities of the child	7213
and the parental responsibilities of the parents, guardian, or	7214
custodian of the child;	7215

(c) Involvement of local law enforcement agencies and	7216
officials.	7217

(2) The method to divert a child from the juvenile court	7218
system that must be included in the service coordination process	7219
may include, but is not limited to, the following:	7220

(a) The preparation of a complaint under section 2151.27 of	7221
the Revised Code alleging that the child is an unruly child and	7222
notifying the child and the parents, guardian, or custodian that	7223
the complaint has been prepared to encourage the child and the	7224
parents, guardian, or custodian to comply with other methods to	7225
divert the child from the juvenile court system;	7226

(b) Conducting a meeting with the child, the parents,	7227
guardian, or custodian, and other interested parties to determine	7228
the appropriate methods to divert the child from the juvenile	7229
court system;	7230

(c) A method to provide to the child and the child's family a	7231
short-term respite from a short-term crisis situation involving a	7232
confrontation between the child and the parents, guardian, or	7233
custodian;	7234

(d) A program to provide a mentor to the child or the	7235
parents, guardian, or custodian;	7236

(e) A program to provide parenting education to the parents,	7237
guardian, or custodian;	7238

(f) An alternative school program for children who are truant	7239
from school, repeatedly disruptive in school, or suspended or	7240
expelled from school;	7241

(g) Other appropriate measures, including, but not limited	7242
to, any alternative methods to divert a child from the juvenile	7243
court system that are identified by the Ohio family and children	7244
first cabinet council.	7245

(F) Each county may review and revise the service	7246
coordination process described in division (D) of this section	7247
based on the availability of funds under Title IV-A of the "Social	7248
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	7249
or to the extent resources are available from any other federal,	7250
state, or local funds.	7251

Sec. 121.40. (A) There is hereby created the Ohio ~~community~~	7252
commission on service ~~council~~and volunteerism consisting of	7253
twenty-one voting members including the superintendent of public	7254
instruction or the superintendent's designee, the chancellor of	7255
the Ohio board of regents or the chancellor's designee, the	7256
director of youth services or the director's designee, the	7257
director of aging or the director's designee, the chairperson of	7258
the committee of the house of representatives dealing with	7259
education or the chairperson's designee, the chairperson of the	7260
committee of the senate dealing with education or the	7261
chairperson's designee, and fifteen members who shall be appointed	7262
by the governor with the advice and consent of the senate and who	7263
shall serve terms of office of three years. The appointees shall	7264
include educators, including teachers and administrators;	7265
representatives of youth organizations; students and parents;	7266
representatives of organizations engaged in volunteer program	7267
development and management throughout the state, including youth	7268
and conservation programs; and representatives of business,	7269
government, nonprofit organizations, social service agencies,	7270
veterans organizations, religious organizations, or philanthropies	7271
that support or encourage volunteerism within the state. The	7272
director of the governor's office of faith-based and community	7273
initiatives shall serve as a nonvoting ex officio member of the	7274
~~council~~commission. Members of the ~~council~~commission shall	7275
receive no compensation, but shall be reimbursed for actual and	7276
necessary expenses incurred in the performance of their official	7277
duties.	7278

(B) The ~~council~~commission shall appoint an executive	7279
director for the ~~council~~commission, who shall be in the	7280
unclassified civil service. The governor shall be informed of the	7281
appointment of an executive director before such an appointment is	7282
made. The executive director shall supervise the ~~council's~~	7283
commission's activities and report to the ~~council~~commission on	7284
the progress of those activities. The executive director shall do	7285
all things necessary for the efficient and effective	7286
implementation of the duties of the ~~council~~commission.	7287

The responsibilities assigned to the executive director do	7288
not relieve the members of the ~~council~~commission from final	7289
responsibility for the proper performance of the requirements of	7290
this section.	7291

(C) The ~~council~~commission or its designee shall do all of	7292
the following:	7293

(1) Employ, promote, supervise, and remove all employees as	7294
needed in connection with the performance of its duties under this	7295
section and may assign duties to those employees as necessary to	7296
achieve the most efficient performance of its functions, and to	7297
that end may establish, change, or abolish positions, and assign	7298
and reassign duties and responsibilities of any employee of the	7299
~~council~~commission. Personnel employed by the ~~council~~commission	7300
who are subject to Chapter 4117. of the Revised Code shall retain	7301
all of their rights and benefits conferred pursuant to that	7302
chapter. Nothing in this chapter shall be construed as eliminating	7303
or interfering with Chapter 4117. of the Revised Code or the	7304
rights and benefits conferred under that chapter to public	7305
employees or to any bargaining unit.	7306

(2) Maintain its office in Columbus, and may hold sessions at	7307
any place within the state;	7308

(3) Acquire facilities, equipment, and supplies necessary to	7309
house the ~~council~~commission, its employees, and files and records	7310
under its control, and to discharge any duty imposed upon it by	7311
law. The expense of these acquisitions shall be audited and paid	7312
for in the same manner as other state expenses. For that purpose,	7313
the ~~council~~commission shall prepare and submit to the office of	7314
budget and management a budget for each biennium according to	7315
sections 101.532 and 107.03 of the Revised Code. The budget	7316
submitted shall cover the costs of the ~~council~~commission and its	7317
staff in the discharge of any duty imposed upon the ~~council~~	7318
commission by law. The ~~council~~commission shall not delegate any	7319
authority to obligate funds.	7320

(4) Pay its own payroll and other operating expenses from	7321
line items designated by the general assembly;	7322

(5) Retain its fiduciary responsibility as appointing	7323
authority. Any transaction instructions shall be certified by the	7324
appointing authority or its designee.	7325

(6) Establish the overall policy and management of the	7326
~~council~~commission in accordance with this chapter;	7327

(7) Assist in coordinating and preparing the state	7328
application for funds under sections 101 to 184 of the "National	7329
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	7330
U.S.C.A. 12411 to 12544, as amended, assist in administering and	7331
overseeing the "National and Community Service Trust Act of 1993,"	7332
P.L. 103-82, 107 Stat. 785, and the americorps program in this	7333
state, and assist in developing objectives for a comprehensive	7334
strategy to encourage and expand community service programs	7335
throughout the state;	7336

(8) Assist the state board of education, school districts,	7337
the chancellor of the board of regents, and institutions of higher	7338
education in coordinating community service education programs	7339
through cooperative efforts between institutions and organizations	7340
in the public and private sectors;	7341

(9) Assist the departments of natural resources, youth	7342
services, aging, and job and family services in coordinating	7343
community service programs through cooperative efforts between	7344
institutions and organizations in the public and private sectors;	7345

(10) Suggest individuals and organizations that are available	7346
to assist school districts, institutions of higher education, and	7347
the departments of natural resources, youth services, aging, and	7348
job and family services in the establishment of community service	7349
programs and assist in investigating sources of funding for	7350
implementing these programs;	7351

(11) Assist in evaluating the state's efforts in providing	7352
community service programs using standards and methods that are	7353
consistent with any statewide objectives for these programs and	7354
provide information to the state board of education, school	7355
districts, the chancellor of the board of regents, institutions of	7356
higher education, and the departments of natural resources, youth	7357
services, aging, and job and family services to guide them in	7358
making decisions about these programs;	7359

(12) Assist the state board of education in complying with	7360
section 3301.70 of the Revised Code and the chancellor of the	7361
board of regents in complying with division (B)(2) of section	7362
3333.043 of the Revised Code;	7363

(13) Advise, assist, consult with, and cooperate with, by	7364
contract or otherwise, agencies and political subdivisions of this	7365
state in establishing a statewide system for volunteers pursuant	7366
to section 121.404 of the Revised Code.	7367

(D) The ~~council~~commission shall in writing enter into an	7368
agreement with another state agency to serve as the ~~council's~~	7369
commission's fiscal agent. Before entering into such an agreement,	7370
the ~~council~~commission shall inform the governor of the terms of	7371
the agreement and of the state agency designated to serve as the	7372
~~council's~~commission's fiscal agent. The fiscal agent shall be	7373
responsible for all the ~~council's~~commission's fiscal matters and	7374
financial transactions, as specified in the agreement. Services to	7375
be provided by the fiscal agent include, but are not limited to,	7376
the following:	7377

(1) Preparing and processing payroll and other personnel	7378
documents that the ~~council~~commission executes as the appointing	7379
authority;	7380

(2) Maintaining ledgers of accounts and reports of account	7381
balances, and monitoring budgets and allotment plans in	7382
consultation with the ~~council~~commission; and	7383

(3) Performing other routine support services that the fiscal	7384
agent considers appropriate to achieve efficiency.	7385

(E)(1) The ~~council~~commission, in conjunction and	7386
consultation with the fiscal agent, has the following authority	7387
and responsibility relative to fiscal matters:	7388

(a) Sole authority to draw funds for any and all federal	7389
programs in which the ~~council~~commission is authorized to	7390
participate;	7391

(b) Sole authority to expend funds from their accounts for	7392
programs and any other necessary expenses the ~~council~~commission	7393
may incur and its subgrantees may incur; and	7394

(c) Responsibility to cooperate with and inform the fiscal	7395
agent fully of all financial transactions.	7396

(2) The ~~council~~commission shall follow all state	7397
procurement, fiscal, human resources, statutory, and	7398
administrative rule requirements.	7399

(3) The fiscal agent shall determine fees to be charged to	7400
the ~~council~~commission, which shall be in proportion to the	7401
services performed for the ~~council~~commission.	7402

(4) The ~~council~~commission shall pay fees owed to the fiscal	7403
agent from a general revenue fund of the ~~council~~commission or	7404
from any other fund from which the operating expenses of the	7405
~~council~~commission are paid. Any amounts set aside for a fiscal	7406
year for the payment of these fees shall be used only for the	7407
services performed for the ~~council~~commission by the fiscal agent	7408
in that fiscal year.	7409

(F) The ~~council~~commission may accept and administer grants	7410
from any source, public or private, to carry out any of the	7411
~~council's~~commission's functions this section establishes.	7412

Sec. 121.401. (A) As used in this section and section	7413
121.402 of the Revised Code, "organization or entity" and	7414
"unsupervised access to a child" have the same meanings as in	7415
section 109.574 of the Revised Code.	7416

(B) The Ohio ~~community~~commission on service ~~council~~and	7417
volunteerism shall adopt a set of "recommended best practices" for	7418
organizations or entities to follow when one or more volunteers of	7419
the organization or entity have unsupervised access to one or more	7420
children or otherwise interact with one or more children. The	7421
"recommended best practices" shall focus on, but shall not be	7422
limited to, the issue of the safety of the children and, in	7423
addition, the screening and supervision of volunteers. The	7424
"recommended best practices" shall include as a recommended best	7425
practice that the organization or entity subject to a criminal	7426
records check performed by the bureau of criminal identification	7427
and investigation pursuant to section 109.57, section 109.572, or	7428
rules adopted under division (E) of section 109.57 of the Revised	7429
Code, all of the following:	7430

(1) All persons who apply to serve as a volunteer in a	7431
position in which the person will have unsupervised access to a	7432
child on a regular basis.	7433

(2) All volunteers who are in a position in which the person	7434
will have unsupervised access to a child on a regular basis and	7435
who the organization or entity has not previously subjected to a	7436
criminal records check performed by the bureau of criminal	7437
identification and investigation.	7438

(C) The set of "recommended best practices" required to be	7439
adopted by this section are in addition to the educational program	7440
required to be adopted under section 121.402 of the Revised Code.	7441

Sec. 121.402. (A) The Ohio ~~community~~commission on service	7442
~~council~~and volunteerism shall establish and maintain an	7443
educational program that does all of the following:	7444

(1) Makes available to parents and guardians of children	7445
notice about the provisions of sections 109.574 to 109.577,	7446
section 121.401, and section 121.402 of the Revised Code and	7447
information about how to keep children safe when they are under	7448
the care, custody, or control of a person other than the parent or	7449
guardian;	7450

(2) Makes available to organizations and entities information	7451
regarding the best methods of screening and supervising	7452
volunteers, how to obtain a criminal records check of a volunteer,	7453
confidentiality issues relating to reports of criminal records	7454
checks, and record keeping regarding the reports;	7455

(3) Makes available to volunteers information regarding the	7456
possibility of being subjected to a criminal records check and	7457
displaying appropriate behavior to minors;	7458

(4) Makes available to children advice on personal safety and	7459
information on what action to take if someone takes inappropriate	7460
action towards a child.	7461

(B) The program shall begin making the materials described in	7462
this section available not later than March 22, 2002.	7463

Sec. 121.403. (A) The Ohio ~~community~~commission on service	7464
~~council~~and volunteerism may do any of the following:	7465

(1) Accept monetary gifts or donations;

7466

(2) Sponsor conferences, meetings, or events in furtherance	7467
of the ~~council's~~commission's purpose described in section 121.40	7468
of the Revised Code and charge fees for participation or	7469
involvement in the conferences, meetings, or events;	7470

(3) Sell promotional items in furtherance of the ~~council's~~	7471
commission's purpose described in section 121.40 of the Revised	7472
Code.	7473

(B) All monetary gifts and donations, funds from the sale of	7474
promotional items, contributions received from the issuance of	7475
Ohio "volunteer" license plates pursuant to section 4503.93 of the	7476
Revised Code, and any fees paid to the ~~council~~commission for	7477
conferences, meetings, or events sponsored by the ~~council~~	7478
commission shall be deposited into the Ohio ~~community~~commission	7479
on service ~~council~~and volunteerism gifts and donations fund,	7480
which is hereby created in the state treasury. Moneys in the fund	7481
may be used only as follows:	7482

(1) To pay operating expenses of the ~~council~~commission,	7483
including payroll, personal services, maintenance, equipment, and	7484
subsidy payments;	7485

(2) To support ~~council~~commission programs promoting	7486
volunteerism and community service in the state;	7487

(3) As matching funds for federal grants.

7488

Sec. 121.404. (A) The Ohio ~~community~~commission on service	7489
~~council~~and volunteerism shall advise, assist, consult with, and	7490
cooperate with agencies and political subdivisions of this state	7491
to establish a statewide system for recruiting, registering,	7492
training, and deploying the types of volunteers the ~~council~~	7493
commission considers advisable and reasonably necessary to respond	7494
to an emergency declared by the state or political subdivision.	7495

(B) A registered volunteer is not liable in damages to any	7496
person or government entity in tort or other civil action,	7497
including an action upon a medical, dental, chiropractic,	7498
optometric, or other health-related claim or veterinary claim, for	7499
injury, death, or loss to person or property that may arise from	7500
an act or omission of that volunteer. This division applies to a	7501
registered volunteer while providing services within the scope of	7502
the volunteer's responsibilities during an emergency declared by	7503
the state or political subdivision or in disaster-related	7504
exercises, testing, or other training activities, if the	7505
volunteer's act or omission does not constitute willful or wanton	7506
misconduct.	7507

(C) The Ohio ~~community~~commission on service ~~council~~and	7508
volunteerism shall adopt rules pursuant to Chapter 119. of the	7509
Revised Code to establish fees, procedures, standards, and	7510
requirements the ~~council~~commission considers necessary to carry	7511
out the purposes of this section.	7512

(D)(1) A registered volunteer's status as a volunteer, and	7513
any information presented in summary, statistical, or aggregate	7514
form that does not identify an individual, is a public record	7515
pursuant to section 149.43 of the Revised Code.	7516

(2) Information related to a registered volunteer's specific	7517
and unique responsibilities, assignments, or deployment plans,	7518
including but not limited to training, preparedness, readiness, or	7519
organizational assignment, is a security record for purposes of	7520
section 149.433 of the Revised Code.	7521

(3) Information related to a registered volunteer's personal	7522
information, including but not limited to contact information,	7523
medical information, or information related to family members or	7524
dependents, is not a public record pursuant to section 149.43 of	7525
the Revised Code.	7526

(E) As used in this section and section 121.40 of the Revised	7527
Code:	7528

(1) "Registered volunteer" means any individual registered as	7529
a volunteer pursuant to procedures established under this section	7530
and who serves without pay or other consideration, other than the	7531
reasonable reimbursement or allowance for expenses actually	7532
incurred or the provision of incidental benefits related to the	7533
volunteer's service, such as meals, lodging, and childcare.	7534

(2) "Political subdivision" means a county, township, or	7535
municipal corporation in this state.	7536

Sec. 122.121. (A) If an endorsing municipality or endorsing	7537
county enters into a joinder undertaking with a site selection	7538
organization, the endorsing municipality or endorsing county may	7539
apply to the director of development, on a form and in the manner	7540
prescribed by the director, for a grant based on the projected	7541
incremental increase in the receipts from the tax imposed under	7542
section 5739.02 of the Revised Code within the market area	7543
designated under division (C) of this section, for the two-week	7544
period that ends at the end of the day after the date on which a	7545
game will be held, that is directly attributable, as determined by	7546
the director, to the preparation for and presentation of the game.	7547
The director shall determine the projected incremental increase in	7548
the tax imposed under section 5739.02 of the Revised Code from	7549
information certified to the director by the endorsing	7550
municipality or the endorsing county including, but not limited	7551
to, historical attendance and ticket sales for the game, income	7552
statements showing revenue and expenditures for the game in prior	7553
years, attendance capacity at the proposed venues, event budget at	7554
the proposed venues, and projected lodging room nights based on	7555
historical attendance, attendance capacity at the proposed venues,	7556
and duration of the game and related activities. The endorsing	7557
municipality or endorsing county is eligible to receive a grant	7558
under this section only if the projected incremental increase in	7559
receipts from the tax imposed under section 5739.02 of the Revised	7560
Code, as determined by the director, exceeds two hundred fifty	7561
thousand dollars. The amount of the grant shall be determined by	7562
the director but shall not exceed five hundred thousand dollars.	7563
The director shall not issue grants with a total value of more	7564
than one million dollars in any fiscal year, and shall not issue	7565
any grant before July 1, ~~2011~~2013.	7566

(B) If the director of development approves an application	7567
for an endorsing municipality or endorsing county and that	7568
endorsing municipality or endorsing county enters into a joinder	7569
agreement with a site selection organization, the endorsing	7570
municipality or endorsing county shall file a copy of the joinder	7571
agreement with the director of development, who immediately shall	7572
notify the director of budget and management of the filing. Within	7573
thirty days after receiving the notice, the director of budget and	7574
management shall establish a schedule to disburse from the general	7575
revenue fund to such endorsing municipality or endorsing county	7576
payments that total the amount certified by the director of	7577
development under division (A) of this section, but in no event	7578
shall the total amount disbursed exceed five hundred thousand	7579
dollars, and no disbursement shall be made before July 1, ~~2011~~	7580
2013. The payments shall be used exclusively by the endorsing	7581
municipality or endorsing county to fulfill a portion of its	7582
obligations to a site selection organization under game support	7583
contracts, which obligations may include the payment of costs	7584
relating to the preparations necessary for the conduct of the	7585
game, including acquiring, renovating, or constructing facilities;	7586
to pay the costs of conducting the game; and to assist the local	7587
organizing committee, endorsing municipality, or endorsing county	7588
in providing assurances required by a site selection organization	7589
sponsoring one or more games.	7590

(C) For the purposes of division (A) of this section, the	7591
director of development, in consultation with the tax	7592
commissioner, shall designate as a market area for a game each	7593
area in which they determine there is a reasonable likelihood of	7594
measurable economic impact directly attributable to the	7595
preparation for and presentation of the game and related events,	7596
including areas likely to provide venues, accommodations, and	7597
services in connection with the game based on the information and	7598
the copy of the joinder undertaking provided to the director under	7599
divisions (A) and (B) of this section. The director and	7600
commissioner shall determine the geographic boundaries of each	7601
market area. An endorsing municipality or endorsing county that	7602
has been selected as the site for a game must be included in a	7603
market area for the game.	7604

(D) A local organizing committee, endorsing municipality, or	7605
endorsing county shall provide information required by the	7606
director of development and tax commissioner to enable the	7607
director and commissioner to fulfill their duties under this	7608
section, including annual audited statements of any financial	7609
records required by a site selection organization and data	7610
obtained by the local organizing committee, endorsing	7611
municipality, or endorsing county relating to attendance at a game	7612
and to the economic impact of the game. A local organizing	7613
committee, an endorsing municipality, or an endorsing county shall	7614
provide an annual audited financial statement if so required by	7615
the director and commissioner, not later than the end of the	7616
fourth month after the date the period covered by the financial	7617
statement ends.	7618

(E) Within sixty days after the game, the endorsing	7619
municipality or the endorsing county shall report to the director	7620
of development about the economic impact of the game. The report	7621
shall be in the form and substance required by the director,	7622
including, but not limited to, a final income statement for the	7623
event showing total revenue and expenditures and revenue and	7624
expenditures in the market area for the game, and ticket sales for	7625
the game and any related activities for which admission was	7626
charged. The director of development shall determine, based on the	7627
reported information and the exercise of reasonable judgment, the	7628
incremental increase in receipts from the tax imposed under	7629
section 5739.02 of the Revised Code directly attributable to the	7630
game. If the actual incremental increase in such receipts is less	7631
than the projected incremental increase in receipts, the director	7632
may require the endorsing municipality or the endorsing county to	7633
refund to the state all or a portion of the grant.	7634

(F) No disbursement may be made under this section if the	7635
director of development determines that it would be used for the	7636
purpose of soliciting the relocation of a professional sports	7637
franchise located in this state.	7638

(G) This section may not be construed as creating or	7639
requiring a state guarantee of obligations imposed on an endorsing	7640
municipality or endorsing county under a game support contract or	7641
any other agreement relating to hosting one or more games in this	7642
state.	7643

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

7644

(1) "Capital investment project" means a plan of investment	7645
at a project site for the acquisition, construction, renovation,	7646
or repair of buildings, machinery, or equipment, or for	7647
capitalized costs of basic research and new product development	7648
determined in accordance with generally accepted accounting	7649
principles, but does not include any of the following:	7650

(a) Payments made for the acquisition of personal property	7651
through operating leases;	7652

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

7653

(c) Payments made to a related member as defined in section	7654
5733.042 of the Revised Code or to a consolidated elected taxpayer	7655
or a combined taxpayer as defined in section 5751.01 of the	7656
Revised Code.	7657

(2) "Eligible business" means a taxpayer and its related	7658
members with Ohio operations satisfying all of the following:	7659

(a) The taxpayer employs at least five hundred full-time	7660
equivalent employees or has an annual payroll of at least	7661
thirty-five million dollars at the time the tax credit authority	7662
grants the tax credit under this section;	7663

(b) The taxpayer makes or causes to be made payments for the	7664
capital investment project of ~~either~~one of the following:	7665

(i) If the taxpayer is engaged at the project site primarily	7666
as a manufacturer, at least fifty million dollars in the aggregate	7667
at the project site during a period of three consecutive calendar	7668
years, including the calendar year that includes a day of the	7669
taxpayer's taxable year or tax period with respect to which the	7670
credit is granted;	7671

(ii) If the taxpayer is engaged at the project site primarily	7672
in significant corporate administrative functions, as defined by	7673
the director of development by rule, at least twenty million	7674
dollars in the aggregate at the project site during a period of	7675
three consecutive calendar years including the calendar year that	7676
includes a day of the taxpayer's taxable year or tax period with	7677
respect to which the credit is granted;	7678

(iii) If the taxpayer is applying to enter into an agreement	7679
for a tax credit authorized under division (B)(3) of this section,	7680
at least five million dollars in the aggregate at the project site	7681
during a period of three consecutive calendar years, including the	7682
calendar year that includes a day of the taxpayer's taxable year	7683
or tax period with respect to which the credit is granted.	7684

(c) The taxpayer had a capital investment project reviewed	7685
and approved by the tax credit authority as provided in divisions	7686
(C), (D), and (E) of this section.	7687

(3) "Full-time equivalent employees" means the quotient	7688
obtained by dividing the total number of hours for which employees	7689
were compensated for employment in the project by two thousand	7690
eighty. "Full-time equivalent employees" shall exclude hours that	7691
are counted for a credit under section 122.17 of the Revised Code.	7692

(4) "Income tax revenue" means the total amount withheld	7693
under section 5747.06 of the Revised Code by the taxpayer during	7694
the taxable year, or during the calendar year that includes the	7695
tax period, from the compensation of all employees employed in the	7696
project whose hours of compensation are included in calculating	7697
the number of full-time equivalent employees.	7698

(5) "Manufacturer" has the same meaning as in section	7699
5739.011 of the Revised Code.	7700

(6) "Project site" means an integrated complex of facilities	7701
in this state, as specified by the tax credit authority under this	7702
section, within a fifteen-mile radius where a taxpayer is	7703
primarily operating as an eligible business.	7704

(7) "Related member" has the same meaning as in section	7705
5733.042 of the Revised Code as that section existed on the	7706
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	7707
general assembly, September 29, 1997.	7708

(8) "Taxable year" includes, in the case of a domestic or	7709
foreign insurance company, the calendar year ending on the	7710
thirty-first day of December preceding the day the superintendent	7711
of insurance is required to certify to the treasurer of state	7712
under section 5725.20 or 5729.05 of the Revised Code the amount of	7713
taxes due from insurance companies.	7714

(B) The tax credit authority created under section 122.17 of	7715
the Revised Code may grant tax credits under this section for the	7716
purpose of fostering job retention in this state. Upon application	7717
by an eligible business and upon consideration of the	7718
recommendation of the director of budget and management, tax	7719
commissioner, the superintendent of insurance in the case of an	7720
insurance company, and director of development under division (C)	7721
of this section, the tax credit authority may grant the following	7722
credits against the tax imposed by section 5725.18, 5729.03,	7723
5733.06, 5747.02, or 5751.02 of the Revised Code:	7724

(1) A nonrefundable credit to an eligible business;

7725

(2) A refundable credit to an eligible business meeting the	7726
following conditions, provided that the director of budget and	7727
management, tax commissioner, superintendent of insurance in the	7728
case of an insurance company, and director of development have	7729
recommended the granting of the credit to the tax credit authority	7730
before July 1, 2011:	7731

(a) The business retains at least one thousand full-time	7732
equivalent employees at the project site.	7733

(b) The business makes or causes to be made payments for a	7734
capital investment project of at least twenty-five million dollars	7735
in the aggregate at the project site during a period of three	7736
consecutive calendar years, including the calendar year that	7737
includes a day of the business' taxable year or tax period with	7738
respect to which the credit is granted.	7739

(c) In 2010, the business received a written offer of	7740
financial incentives from another state of the United States that	7741
the director determines to be sufficient inducement for the	7742
business to relocate the business' operations from this state to	7743
that state.	7744

(3) A refundable credit to an eligible business with a total	7745
annual payroll of at least twenty million dollars, provided that	7746
the tax credit authority grants the tax credit on or after July 1,	7747
2011, and before January 1, 2014.	7748

The credits authorized in divisions (B)(1) ~~and~~, (2), and (3)	7749
of this section may be granted for a period up to fifteen taxable	7750
years or, in the case of the tax levied by section 5751.02 of the	7751
Revised Code, for a period of up to fifteen calendar years. The	7752
credit amount for a taxable year or a calendar year that includes	7753
the tax period for which a credit may be claimed equals the income	7754
tax revenue for that year multiplied by the percentage specified	7755
in the agreement with the tax credit authority. The percentage may	7756
not exceed seventy-five per cent. The credit shall be claimed in	7757
the order required under section 5725.98, 5729.98, 5733.98,	7758
5747.98, or 5751.98 of the Revised Code. In determining the	7759
percentage and term of the credit, the tax credit authority shall	7760
consider both the number of full-time equivalent employees and the	7761
value of the capital investment project. The credit amount may not	7762
be based on the income tax revenue for a calendar year before the	7763
calendar year in which the tax credit authority specifies the tax	7764
credit is to begin, and the credit shall be claimed only for the	7765
taxable years or tax periods specified in the eligible business'	7766
agreement with the tax credit authority. In no event shall the	7767
credit be claimed for a taxable year or tax period terminating	7768
before the date specified in the agreement. Any credit granted	7769
under this section against the tax imposed by section 5733.06 or	7770
5747.02 of the Revised Code, to the extent not fully utilized	7771
against such tax for taxable years ending prior to 2008, shall	7772
automatically be converted without any action taken by the tax	7773
credit authority to a credit against the tax levied under Chapter	7774
5751. of the Revised Code for tax periods beginning on or after	7775
July 1, 2008, provided that the person to whom the credit was	7776
granted is subject to such tax. The converted credit shall apply	7777
to those calendar years in which the remaining taxable years	7778
specified in the agreement end.	7779

If a nonrefundable credit allowed under division (B)(1) of	7780
this section for a taxable year or tax period exceeds the	7781
taxpayer's tax liability for that year or period, the excess may	7782
be carried forward for the three succeeding taxable or calendar	7783
years, but the amount of any excess credit allowed in any taxable	7784
year or tax period shall be deducted from the balance carried	7785
forward to the succeeding year or period.	7786

(C) A taxpayer that proposes a capital investment project to	7787
retain jobs in this state may apply to the tax credit authority to	7788
enter into an agreement for a tax credit under this section. The	7789
director of development shall prescribe the form of the	7790
application. After receipt of an application, the authority shall	7791
forward copies of the application to the director of budget and	7792
management, the tax commissioner, the superintendent of insurance	7793
in the case of an insurance company, and the director of	7794
development, each of whom shall review the application to	7795
determine the economic impact the proposed project would have on	7796
the state and the affected political subdivisions and shall submit	7797
a summary of their determinations and recommendations to the	7798
authority.	7799

(D) Upon review and consideration of the determinations and	7800
recommendations described in division (C) of this section, the tax	7801
credit authority may enter into an agreement with the taxpayer for	7802
a credit under this section if the authority determines all of the	7803
following:	7804

(1) The taxpayer's capital investment project will result in	7805
the retention of employment in this state.	7806

(2) The taxpayer is economically sound and has the ability to	7807
complete the proposed capital investment project.	7808

(3) The taxpayer intends to and has the ability to maintain	7809
operations at the project site for at least the greater of (a) the	7810
term of the credit plus three years, or (b) seven years.	7811

(4) Receiving the credit is a major factor in the taxpayer's	7812
decision to begin, continue with, or complete the project.	7813

(5) If the taxpayer is applying to enter into an agreement	7814
for a tax credit authorized under division (B)(3) of this section,	7815
the taxpayer's capital investment project will be located in the	7816
political subdivision in which the taxpayer maintains its	7817
principal place of business.	7818

(E) An agreement under this section shall include all of the	7819
following:	7820

(1) A detailed description of the project that is the subject	7821
of the agreement, including the amount of the investment, the	7822
period over which the investment has been or is being made, the	7823
number of full-time equivalent employees at the project site, and	7824
the anticipated income tax revenue to be generated.	7825

(2) The term of the credit, the percentage of the tax credit,	7826
the maximum annual value of tax credits that may be allowed each	7827
year, and the first year for which the credit may be claimed.	7828

(3) A requirement that the taxpayer maintain operations at	7829
the project site for at least the greater of (a) the term of the	7830
credit plus three years, or (b) seven years.	7831

(4) ~~A requirement that the taxpayer retain a specified number~~	7832
~~of full-time equivalent employees at the project site and within~~	7833
~~this state for the term of the credit, including a requirement~~	7834
~~that the taxpayer continue to employ at least five hundred~~	7835
~~full-time equivalent employees during the entire term of the~~	7836
~~agreement in the case of a credit granted under division (B)(1) of~~	7837
~~this section, and one thousand full-time equivalent employees in~~	7838
~~the case of a credit granted under division (B)(2) of this section~~	7839
(a) In the case of a credit granted under division (B)(1) of this	7840
section, a requirement that the taxpayer retain at least five	7841
hundred full-time equivalent employees at the project site and	7842
within this state for the entire term of the credit, or a	7843
requirement that the taxpayer maintain an annual payroll of at	7844
least thirty-five million dollars for the entire term of the	7845
credit;	7846

(b) In the case of a credit granted under division (B)(2) of	7847
this section, a requirement that the taxpayer retain at least one	7848
thousand full-time equivalent employees at the project site and	7849
within this state for the entire term of the credit;	7850

(c) In the case of a credit granted under division (B)(3) of	7851
this section, a requirement that the taxpayer maintain an annual	7852
payroll of at least twenty million dollars for the entire term of	7853
the credit and either of the following:	7854

(i) A requirement that the taxpayer retain at least five	7855
hundred full-time equivalent employees at the project site and	7856
within this state for the entire term of the credit;	7857

(ii) A requirement that the taxpayer maintain an annual	7858
payroll of at least thirty-five million dollars for the entire	7859
term of the credit.	7860

(5) A requirement that the taxpayer annually report to the	7861
director of development employment, tax withholding, capital	7862
investment, and other information the director needs to perform	7863
the director's duties under this section.	7864

(6) A requirement that the director of development annually	7865
review the annual reports of the taxpayer to verify the	7866
information reported under division (E)(5) of this section and	7867
compliance with the agreement. Upon verification, the director	7868
shall issue a certificate to the taxpayer stating that the	7869
information has been verified and identifying the amount of the	7870
credit for the taxable year or calendar year that includes the tax	7871
period. In determining the number of full-time equivalent	7872
employees, no position shall be counted that is filled by an	7873
employee who is included in the calculation of a tax credit under	7874
section 122.17 of the Revised Code.	7875

(7) A provision providing that the taxpayer may not relocate	7876
a substantial number of employment positions from elsewhere in	7877
this state to the project site unless the director of development	7878
determines that the taxpayer notified the legislative authority of	7879
the county, township, or municipal corporation from which the	7880
employment positions would be relocated.	7881

For purposes of this section, the movement of an employment	7882
position from one political subdivision to another political	7883
subdivision shall be considered a relocation of an employment	7884
position unless the movement is confined to the project site. The	7885
transfer of an employment position from one political subdivision	7886
to another political subdivision shall not be considered a	7887
relocation of an employment position if the employment position in	7888
the first political subdivision is replaced by another employment	7889
position.	7890

(8) A waiver by the taxpayer of any limitations periods	7891
relating to assessments or adjustments resulting from the	7892
taxpayer's failure to comply with the agreement.	7893

(F) If a taxpayer fails to meet or comply with any condition	7894
or requirement set forth in a tax credit agreement, the tax credit	7895
authority may amend the agreement to reduce the percentage or term	7896
of the credit. The reduction of the percentage or term may take	7897
effect in the current taxable or calendar year.	7898

(G) Financial statements and other information submitted to	7899
the department of development or the tax credit authority by an	7900
applicant for or recipient of a tax credit under this section, and	7901
any information taken for any purpose from such statements or	7902
information, are not public records subject to section 149.43 of	7903
the Revised Code. However, the chairperson of the authority may	7904
make use of the statements and other information for purposes of	7905
issuing public reports or in connection with court proceedings	7906
concerning tax credit agreements under this section. Upon the	7907
request of the tax commissioner, or the superintendent of	7908
insurance in the case of an insurance company, the chairperson of	7909
the authority shall provide to the commissioner or superintendent	7910
any statement or other information submitted by an applicant for	7911
or recipient of a tax credit in connection with the credit. The	7912
commissioner or superintendent shall preserve the confidentiality	7913
of the statement or other information.	7914

(H) A taxpayer claiming a tax credit under this section shall	7915
submit to the tax commissioner or, in the case of an insurance	7916
company, to the superintendent of insurance, a copy of the	7917
director of development's certificate of verification under	7918
division (E)(6) of this section with the taxpayer's tax report or	7919
return for the taxable year or for the calendar year that includes	7920
the tax period. Failure to submit a copy of the certificate with	7921
the report or return does not invalidate a claim for a credit if	7922
the taxpayer submits a copy of the certificate to the commissioner	7923
or superintendent within sixty days after the commissioner or	7924
superintendent requests it.	7925

(I) For the purposes of this section, a taxpayer may include	7926
a partnership, a corporation that has made an election under	7927
subchapter S of chapter one of subtitle A of the Internal Revenue	7928
Code, or any other business entity through which income flows as a	7929
distributive share to its owners. A partnership, S-corporation, or	7930
other such business entity may elect to pass the credit received	7931
under this section through to the persons to whom the income or	7932
profit of the partnership, S-corporation, or other entity is	7933
distributed. The election shall be made on the annual report	7934
required under division (E)(5) of this section. The election	7935
applies to and is irrevocable for the credit for which the report	7936
is submitted. If the election is made, the credit shall be	7937
apportioned among those persons in the same proportions as those	7938
in which the income or profit is distributed.	7939

(J) If the director of development determines that a taxpayer	7940
that received a tax credit under this section is not complying	7941
with the requirement under division (E)(3) of this section, the	7942
director shall notify the tax credit authority of the	7943
noncompliance. After receiving such a notice, and after giving the	7944
taxpayer an opportunity to explain the noncompliance, the	7945
authority may terminate the agreement and require the taxpayer to	7946
refund to the state all or a portion of the credit claimed in	7947
previous years, as follows:	7948

(1) If the taxpayer maintained operations at the project site	7949
for less than or equal to the term of the credit, an amount not to	7950
exceed one hundred per cent of the sum of any tax credits allowed	7951
and received under this section.	7952

(2) If the taxpayer maintained operations at the project site	7953
longer than the term of the credit, but less than the greater of	7954
(a) the term of the credit plus three years, or (b) seven years,	7955
the amount required to be refunded shall not exceed seventy-five	7956
per cent of the sum of any tax credits allowed and received under	7957
this section.	7958

In determining the portion of the credit to be refunded to	7959
this state, the authority shall consider the effect of market	7960
conditions on the taxpayer's project and whether the taxpayer	7961
continues to maintain other operations in this state. After making	7962
the determination, the authority shall certify the amount to be	7963
refunded to the tax commissioner or the superintendent of	7964
insurance. If the taxpayer is not an insurance company, the	7965
commissioner shall make an assessment for that amount against the	7966
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.	7967
If the taxpayer is an insurance company, the superintendent of	7968
insurance shall make an assessment under section 5725.222 or	7969
5729.102 of the Revised Code. The time limitations on assessments	7970
under those chapters and sections do not apply to an assessment	7971
under this division, but the commissioner or superintendent shall	7972
make the assessment within one year after the date the authority	7973
certifies to the commissioner or superintendent the amount to be	7974
refunded.	7975

(K) The director of development, after consultation with the	7976
tax commissioner and the superintendent of insurance and in	7977
accordance with Chapter 119. of the Revised Code, shall adopt	7978
rules necessary to implement this section. The rules may provide	7979
for recipients of tax credits under this section to be charged	7980
fees to cover administrative costs of the tax credit program. The	7981
fees collected shall be credited to the tax incentive programs	7982
operating fund created in section 122.174 of the Revised Code. At	7983
the time the director gives public notice under division (A) of	7984
section 119.03 of the Revised Code of the adoption of the rules,	7985
the director shall submit copies of the proposed rules to the	7986
chairpersons of the standing committees on economic development in	7987
the senate and the house of representatives.	7988

(L) On or before the first day of August of each year, the	7989
director of development shall submit a report to the governor, the	7990
president of the senate, and the speaker of the house of	7991
representatives on the tax credit program under this section. The	7992
report shall include information on the number of agreements that	7993
were entered into under this section during the preceding calendar	7994
year, a description of the project that is the subject of each	7995
such agreement, and an update on the status of projects under	7996
agreements entered into before the preceding calendar year.	7997

(M)(1) The aggregate amount of tax credits issued under	7998
division (B)(1) of this section during any calendar year for	7999
capital investment projects reviewed and approved by the tax	8000
credit authority may not exceed the following amounts:	8001

(a) For 2010, thirteen million dollars;

8002

(b) For 2011 through 2023, the amount of the limit for the	8003
preceding calendar year plus thirteen million dollars;	8004

(c) For 2024 and each year thereafter, one hundred	8005
ninety-five million dollars.	8006

(2) The aggregate amount of tax credits ~~issued~~authorized	8007
under ~~division~~divisions (B)(2) and (3) of this section ~~during~~and	8008
allowed to be claimed by taxpayers in any calendar year for	8009
capital improvement projects reviewed and approved by the tax	8010
credit authority ~~may not exceed~~ ~~eight~~ million dollarsin 2011,	8011
2012, and 2013 combined shall not exceed twenty-five million	8012
dollars. An amount equal to the aggregate amount of credits first	8013
authorized in calendar year 2011, 2012, and 2013 may be claimed	8014
over the ensuing period up to fifteen years, subject to the terms	8015
of individual tax credit agreements.	8016

The limitations in division (M) of this section do not apply	8017
to credits for capital investment projects approved by the tax	8018
credit authority before July 1, 2009.	8019

Sec. 122.76. (A) The director of development, with	8020
controlling board approval, may lend funds to minority business	8021
enterprises and to community improvement corporations, Ohio	8022
development corporations, minority contractors business assistance	8023
organizations, and minority business supplier development councils	8024
for the purpose of loaning funds to minority business enterprises	8025
and for the purpose of procuring or improving real or personal	8026
property, or both, for the establishment, location, or expansion	8027
of industrial, distribution, commercial, or research facilities in	8028
the state, and to community development corporations that	8029
predominantly benefit minority business enterprises or are located	8030
in a census tract that has a population that is sixty per cent or	8031
more minority if the director determines, in the director's sole	8032
discretion, that all of the following apply:	8033

(1) The project is economically sound and will benefit the	8034
people of the state by increasing opportunities for employment, by	8035
strengthening the economy of the state, or expanding minority	8036
business enterprises.	8037

(2) The proposed minority business enterprise borrower is	8038
unable to finance the proposed project through ordinary financial	8039
channels at comparable terms.	8040

(3) The value of the project is or, upon completion, will be	8041
at least equal to the total amount of the money expended in the	8042
procurement or improvement of the project~~, and one or more~~	8043
~~financial institutions or other governmental entities have loaned~~	8044
~~not less than thirty per cent of that amount~~.	8045

(4) The amount to be loaned by the director will not exceed	8046
sixty per cent of the total amount expended in the procurement or	8047
improvement of the project.	8048

(5) The amount to be loaned by the director will be	8049
adequately secured by a first or second mortgage upon the project	8050
or by mortgages, leases, liens, assignments, or pledges on or of	8051
other property or contracts as the director requires, and such	8052
mortgage will not be subordinate to any other liens or mortgages	8053
except the liens securing loans or investments made by financial	8054
institutions referred to in division (A)(3) of this section, and	8055
the liens securing loans previously made by any financial	8056
institution in connection with the procurement or expansion of all	8057
or part of a project.	8058

(B) Any proposed minority business enterprise borrower	8059
submitting an application for assistance under this section shall	8060
not have defaulted on a previous loan from the director, and no	8061
full or limited partner, major shareholder, or holder of an equity	8062
interest of the proposed minority business enterprise borrower	8063
shall have defaulted on a loan from the director.	8064

(C) The proposed minority business enterprise borrower shall	8065
demonstrate to the satisfaction of the director that it is able to	8066
successfully compete in the private sector if it obtains the	8067
necessary financial, technical, or managerial support and that	8068
support is available through the director, the minority business	8069
development office of the department of development, or other	8070
identified and acceptable sources. In determining whether a	8071
minority business enterprise borrower will be able to successfully	8072
compete, the director may give consideration to such factors as	8073
the successful completion of or participation in courses of study,	8074
recognized by the board of regents as providing financial,	8075
technical, or managerial skills related to the operation of the	8076
business, by the economically disadvantaged individual, owner, or	8077
partner, and the prior success of the individual, owner, or	8078
partner in personal, career, or business activities, as well as to	8079
other factors identified by the director.	8080

(D) The director shall not lend funds for the purpose of	8081
procuring or improving motor vehicles or accounts receivable.	8082

Sec. 123.01. (A) The department of administrative services,	8083
in addition to those powers enumerated in Chapters 124. and 125.	8084
of the Revised Code and provided elsewhere by law, shall exercise	8085
the following powers:	8086

(1) To prepare, or contract to be prepared, by licensed	8087
engineers or architects, surveys, general and detailed plans,	8088
specifications, bills of materials, and estimates of cost for any	8089
projects, improvements, or public buildings to be constructed by	8090
state agencies that may be authorized by legislative	8091
appropriations or any other funds made available therefor,	8092
provided that the construction of the projects, improvements, or	8093
public buildings is a statutory duty of the department. This	8094
section does not require the independent employment of an	8095
architect or engineer as provided by section 153.01 of the Revised	8096
Code in the cases to which that section applies nor affect or	8097
alter the existing powers of the director of transportation.	8098

(2) To have general supervision over the construction of any	8099
projects, improvements, or public buildings constructed for a	8100
state agency and over the inspection of materials previous to	8101
their incorporation into those projects, improvements, or	8102
buildings;	8103

(3) To make contracts for and supervise the construction of	8104
any projects and improvements or the construction and repair of	8105
buildings under the control of a state agency, except contracts	8106
for the repair of buildings under the management and control of	8107
the departments of public safety, job and family services, mental	8108
health, developmental disabilities, rehabilitation and correction,	8109
and youth services, the bureau of workers' compensation, the	8110
rehabilitation services commission, and boards of trustees of	8111
educational and benevolent institutions and except contracts for	8112
the construction of projects that do not require the issuance of a	8113
building permit or the issuance of a certificate of occupancy and	8114
that are necessary to remediate conditions at a hazardous waste	8115
facility, solid waste facility, or other location at which the	8116
director of environmental protection has reason to believe there	8117
is a substantial threat to public health or safety or the	8118
environment. These contracts shall be made and entered into by the	8119
directors of public safety, job and family services, mental	8120
health, developmental disabilities, rehabilitation and correction,	8121
and youth services, the administrator of workers' compensation,	8122
the rehabilitation services commission, the boards of trustees of	8123
such institutions, and the director of environmental protection,	8124
respectively. All such contracts may be in whole or in part on	8125
unit price basis of maximum estimated cost, with payment computed	8126
and made upon actual quantities or units.	8127

(4) To prepare and suggest comprehensive plans for the	8128
development of grounds and buildings under the control of a state	8129
agency;	8130

(5) To acquire, by purchase, gift, devise, lease, or grant,	8131
all real estate required by a state agency, in the exercise of	8132
which power the department may exercise the power of eminent	8133
domain, in the manner provided by sections 163.01 to 163.22 of the	8134
Revised Code;	8135

(6) To make and provide all plans, specifications, and models	8136
for the construction and perfection of all systems of sewerage,	8137
drainage, and plumbing for the state in connection with buildings	8138
and grounds under the control of a state agency;	8139

(7) To erect, supervise, and maintain all public monuments	8140
and memorials erected by the state, except where the supervision	8141
and maintenance is otherwise provided by law;	8142

(8) To procure, by lease, storage accommodations for a state	8143
agency;	8144

(9) To lease or grant easements or licenses for unproductive	8145
and unused lands or other property under the control of a state	8146
agency. Such leases, easements, or licenses shall be granted for a	8147
period not to exceed fifteen years and shall be executed for the	8148
state by the director of administrative services and the governor	8149
and shall be approved as to form by the attorney general, provided	8150
that leases, easements, or licenses may be granted to any county,	8151
township, municipal corporation, port authority, water or sewer	8152
district, school district, library district, health district, park	8153
district, soil and water conservation district, conservancy	8154
district, or other political subdivision or taxing district, or	8155
any agency of the United States government, for the exclusive use	8156
of that agency, political subdivision, or taxing district, without	8157
any right of sublease or assignment, for a period not to exceed	8158
fifteen years, and provided that the director shall grant leases,	8159
easements, or licenses of university land for periods not to	8160
exceed twenty-five years for purposes approved by the respective	8161
university's board of trustees wherein the uses are compatible	8162
with the uses and needs of the university and may grant leases of	8163
university land for periods not to exceed forty years for purposes	8164
approved by the respective university's board of trustees pursuant	8165
to section 123.77 of the Revised Code.	8166

(10) To lease space for the use of a state agency;

8167

(11) To have general supervision and care of the storerooms,	8168
offices, and buildings leased for the use of a state agency;	8169

(12) To exercise general custodial care of all real property	8170
of the state;	8171

(13) To assign and group together state offices in any city	8172
in the state and to establish, in cooperation with the state	8173
agencies involved, rules governing space requirements for office	8174
or storage use;	8175

(14) To lease for a period not to exceed forty years,	8176
pursuant to a contract providing for the construction thereof	8177
under a lease-purchase plan, buildings, structures, and other	8178
improvements for any public purpose, and, in conjunction	8179
therewith, to grant leases, easements, or licenses for lands under	8180
the control of a state agency for a period not to exceed forty	8181
years. The lease-purchase plan shall provide that at the end of	8182
the lease period, the buildings, structures, and related	8183
improvements, together with the land on which they are situated,	8184
shall become the property of the state without cost.	8185

(a) Whenever any building, structure, or other improvement is	8186
to be so leased by a state agency, the department shall retain	8187
either basic plans, specifications, bills of materials, and	8188
estimates of cost with sufficient detail to afford bidders all	8189
needed information or, alternatively, all of the following plans,	8190
details, bills of materials, and specifications:	8191

(i) Full and accurate plans suitable for the use of mechanics	8192
and other builders in the improvement;	8193

(ii) Details to scale and full sized, so drawn and	8194
represented as to be easily understood;	8195

(iii) Accurate bills showing the exact quantity of different	8196
kinds of material necessary to the construction;	8197

(iv) Definite and complete specifications of the work to be	8198
performed, together with such directions as will enable a	8199
competent mechanic or other builder to carry them out and afford	8200
bidders all needed information;	8201

(v) A full and accurate estimate of each item of expense and	8202
of the aggregate cost thereof.	8203

(b) The department shall give public notice, in such	8204
newspaper, in such form, and with such phraseology as the director	8205
of administrative services prescribes, published once each week	8206
for four consecutive weeks, of the time when and place where bids	8207
will be received for entering into an agreement to lease to a	8208
state agency a building, structure, or other improvement. The last	8209
publication shall be at least eight days preceding the day for	8210
opening the bids. The bids shall contain the terms upon which the	8211
builder would propose to lease the building, structure, or other	8212
improvement to the state agency. The form of the bid approved by	8213
the department shall be used, and a bid is invalid and shall not	8214
be considered unless that form is used without change, alteration,	8215
or addition. Before submitting bids pursuant to this section, any	8216
builder shall comply with Chapter 153. of the Revised Code.	8217

(c) On the day and at the place named for receiving bids for	8218
entering into lease agreements with a state agency, the director	8219
of administrative services shall open the bids and shall publicly	8220
proceed immediately to tabulate the bids upon duplicate sheets. No	8221
lease agreement shall be entered into until the bureau of workers'	8222
compensation has certified that the person to be awarded the lease	8223
agreement has complied with Chapter 4123. of the Revised Code,	8224
until, if the builder submitting the lowest and best bid is a	8225
foreign corporation, the secretary of state has certified that the	8226
corporation is authorized to do business in this state, until, if	8227
the builder submitting the lowest and best bid is a person	8228
nonresident of this state, the person has filed with the secretary	8229
of state a power of attorney designating the secretary of state as	8230
its agent for the purpose of accepting service of summons in any	8231
action brought under Chapter 4123. of the Revised Code, and until	8232
the agreement is submitted to the attorney general and the	8233
attorney general's approval is certified thereon. Within thirty	8234
days after the day on which the bids are received, the department	8235
shall investigate the bids received and shall determine that the	8236
bureau and the secretary of state have made the certifications	8237
required by this section of the builder who has submitted the	8238
lowest and best bid. Within ten days of the completion of the	8239
investigation of the bids, the department shall award the lease	8240
agreement to the builder who has submitted the lowest and best bid	8241
and who has been certified by the bureau and secretary of state as	8242
required by this section. If bidding for the lease agreement has	8243
been conducted upon the basis of basic plans, specifications,	8244
bills of materials, and estimates of costs, upon the award to the	8245
builder the department, or the builder with the approval of the	8246
department, shall appoint an architect or engineer licensed in	8247
this state to prepare such further detailed plans, specifications,	8248
and bills of materials as are required to construct the building,	8249
structure, or improvement. The department shall adopt such rules	8250
as are necessary to give effect to this section. The department	8251
may reject any bid. Where there is reason to believe there is	8252
collusion or combination among bidders, the bids of those	8253
concerned therein shall be rejected.	8254

(15) To acquire by purchase, gift, devise, or grant and to	8255
transfer, lease, or otherwise dispose of all real property	8256
required to assist in the development of a conversion facility as	8257
defined in section 5709.30 of the Revised Code as that section	8258
existed before its repeal by Amended Substitute House Bill 95 of	8259
the 125th general assembly;	8260

(16) To lease for a period not to exceed forty years,	8261
notwithstanding any other division of this section, the	8262
state-owned property located at 408-450 East Town Street,	8263
Columbus, Ohio, formerly the state school for the deaf, to a	8264
developer in accordance with this section. "Developer," as used in	8265
this section, has the same meaning as in section 123.77 of the	8266
Revised Code.	8267

Such a lease shall be for the purpose of development of the	8268
land for use by senior citizens by constructing, altering,	8269
renovating, repairing, expanding, and improving the site as it	8270
existed on June 25, 1982. A developer desiring to lease the land	8271
shall prepare for submission to the department a plan for	8272
development. Plans shall include provisions for roads, sewers,	8273
water lines, waste disposal, water supply, and similar matters to	8274
meet the requirements of state and local laws. The plans shall	8275
also include provision for protection of the property by insurance	8276
or otherwise, and plans for financing the development, and shall	8277
set forth details of the developer's financial responsibility.	8278

The department may employ, as employees or consultants,	8279
persons needed to assist in reviewing the development plans. Those	8280
persons may include attorneys, financial experts, engineers, and	8281
other necessary experts. The department shall review the	8282
development plans and may enter into a lease if it finds all of	8283
the following:	8284

(a) The best interests of the state will be promoted by	8285
entering into a lease with the developer;	8286

(b) The development plans are satisfactory;

8287

(c) The developer has established the developer's financial	8288
responsibility and satisfactory plans for financing the	8289
development.	8290

The lease shall contain a provision that construction or	8291
renovation of the buildings, roads, structures, and other	8292
necessary facilities shall begin within one year after the date of	8293
the lease and shall proceed according to a schedule agreed to	8294
between the department and the developer or the lease will be	8295
terminated. The lease shall contain such conditions and	8296
stipulations as the director considers necessary to preserve the	8297
best interest of the state. Moneys received by the state pursuant	8298
to this lease shall be paid into the general revenue fund. The	8299
lease shall provide that at the end of the lease period the	8300
buildings, structures, and related improvements shall become the	8301
property of the state without cost.	8302

(17) To lease to any person any tract of land owned by the	8303
state and under the control of the department, or any part of such	8304
a tract, for the purpose of drilling for or the pooling of oil or	8305
gas. Such a lease shall be granted for a period not exceeding	8306
forty years, with the full power to contract for, determine the	8307
conditions governing, and specify the amount the state shall	8308
receive for the purposes specified in the lease, and shall be	8309
prepared as in other cases.	8310

(18) To manage the use of space owned and controlled by the	8311
department, including space in property under the jurisdiction of	8312
the Ohio building authority, by doing all of the following:	8313

(a) Biennially implementing, by state agency location, a	8314
census of agency employees assigned space;	8315

(b) Periodically in the discretion of the director of	8316
administrative services:	8317

(i) Requiring each state agency to categorize the use of	8318
space allotted to the agency between office space, common areas,	8319
storage space, and other uses, and to report its findings to the	8320
department;	8321

(ii) Creating and updating a master space utilization plan	8322
for all space allotted to state agencies. The plan shall	8323
incorporate space utilization metrics.	8324

(iii) Conducting a cost-benefit analysis to determine the	8325
effectiveness of state-owned buildings;	8326

(iv) Assessing the alternatives associated with consolidating	8327
the commercial leases for buildings located in Columbus.	8328

(c) Commissioning a comprehensive space utilization and	8329
capacity study in order to determine the feasibility of	8330
consolidating existing commercially leased space used by state	8331
agencies into a new state-owned facility.	8332

(B) This section and section 125.02 of the Revised Code shall	8333
not interfere with any of the following:	8334

(1) The power of the adjutant general to purchase military	8335
supplies, or with the custody of the adjutant general of property	8336
leased, purchased, or constructed by the state and used for	8337
military purposes, or with the functions of the adjutant general	8338
as director of state armories;	8339

(2) The power of the director of transportation in acquiring	8340
rights-of-way for the state highway system, or the leasing of	8341
lands for division or resident district offices, or the leasing of	8342
lands or buildings required in the maintenance operations of the	8343
department of transportation, or the purchase of real property for	8344
garage sites or division or resident district offices, or in	8345
preparing plans and specifications for and constructing such	8346
buildings as the director may require in the administration of the	8347
department;	8348

(3) The power of the director of public safety and the	8349
registrar of motor vehicles to purchase or lease real property and	8350
buildings to be used solely as locations to which a deputy	8351
registrar is assigned pursuant to division (B) of section 4507.011	8352
of the Revised Code and from which the deputy registrar is to	8353
conduct the deputy registrar's business, the power of the director	8354
of public safety to purchase or lease real property and buildings	8355
to be used as locations for division or district offices as	8356
required in the maintenance of operations of the department of	8357
public safety, and the power of the superintendent of the state	8358
highway patrol in the purchase or leasing of real property and	8359
buildings needed by the patrol, to negotiate the sale of real	8360
property owned by the patrol, to rent or lease real property owned	8361
or leased by the patrol, and to make or cause to be made repairs	8362
to all property owned or under the control of the patrol;	8363

(4) The power of the division of liquor control in the	8364
leasing or purchasing of retail outlets and warehouse facilities	8365
for the use of the division;	8366

(5) The power of the director of development to enter into	8367
leases of real property, buildings, and office space to be used	8368
solely as locations for the state's foreign offices to carry out	8369
the purposes of section 122.05 of the Revised Code;	8370

(6) The power of the director of environmental protection to	8371
enter into environmental covenants, to grant and accept easements,	8372
or to sell property pursuant to division (G) of section 3745.01 of	8373
the Revised Code.	8374

(C) Purchases for, and the custody and repair of, buildings	8375
under the management and control of the capitol square review and	8376
advisory board, the rehabilitation services commission, the bureau	8377
of workers' compensation, or the departments of public safety, job	8378
and family services, mental health, developmental disabilities,	8379
and rehabilitation and correction~~, and~~; buildings of educational	8380
and benevolent institutions under the management and control of	8381
boards of trustees,; and purchases or leases for, and the custody	8382
and repair of, office space used for the purposes of the joint	8383
legislative ethics committee are not subject to the control and	8384
jurisdiction of the department of administrative services.	8385

If the joint legislative ethics committee so requests, the	8386
committee and the director of administrative services may enter	8387
into a contract under which the department of administrative	8388
services agrees to perform any services requested by the committee	8389
that the department is authorized under this section to perform.	8390

(D) Any instrument by which real property is acquired	8391
pursuant to this section shall identify the agency of the state	8392
that has the use and benefit of the real property as specified in	8393
section 5301.012 of the Revised Code.	8394

Sec. 123.011. (A) As used in this section:

8395

(1) "Construct" includes reconstruct, improve, renovate,	8396
enlarge, or otherwise alter.	8397

(2) "Energy consumption analysis" means the evaluation of all	8398
energy consuming systems, components, and equipment by demand and	8399
type of energy, including the internal energy load imposed on a	8400
facility by its occupants and the external energy load imposed by	8401
climatic conditions.	8402

(3) "Energy performance index" means a number describing the	8403
energy requirements of a facility per square foot of floor space	8404
or per cubic foot of occupied volume as appropriate under defined	8405
internal and external ambient conditions over an entire seasonal	8406
cycle.	8407

(4) "Facility" means a building or other structure, or part	8408
of a building or other structure, that includes provision for a	8409
heating, refrigeration, ventilation, cooling, lighting, hot water,	8410
or other major energy consuming system, component, or equipment.	8411

(5) "Life-cycle cost analysis" means a general approach to	8412
economic evaluation that takes into account all dollar costs	8413
related to owning, operating, maintaining, and ultimately	8414
disposing of a project over the appropriate study period.	8415

(6) "Political subdivision" means a county, township,	8416
municipal corporation, board of education of any school district,	8417
or any other body corporate and politic that is responsible for	8418
government activities in a geographic area smaller than that of	8419
the state.	8420

(7) "State funded" means funded in whole or in part through	8421
appropriation by the general assembly or through the use of any	8422
guarantee provided by this state.	8423

~~(6)~~(8) "State institution of higher education" has the same	8424
meaning as in section 3345.011 of the Revised Code.	8425

(B) There is hereby created within the department of	8426
administrative services the office of energy services. The office	8427
shall be under the supervision of a manager, who shall be	8428
appointed by the director of administrative services. The director	8429
shall assign to the office such number of employees and furnish	8430
such equipment and supplies as are necessary for the performance	8431
of the office's duties.	8432

The office shall develop energy efficiency and conservation	8433
programs in each of the following areas:	8434

(1) New construction design and review;

8435

(2) Existing building audit and retrofit;

8436

(3) Energy efficient procurement;

8437

(4) Alternative fuel vehicles.

8438

The office may accept and administer grants from public and	8439
private sources for carrying out any of its duties under this	8440
section.	8441

(C) No state agency, department, division, bureau, office,	8442
unit, board, commission, authority, quasi-governmental entity, or	8443
institution, including those agencies otherwise excluded from the	8444
jurisdiction of the department under division (A)(3) of section	8445
123.01 of the Revised Code, shall lease, construct, or cause to be	8446
leased or constructed, within the limits prescribed in this	8447
section, a state-funded facility, without ~~having secured from the~~	8448
~~office~~ a proper life-cycle cost analysis or, in the case of a	8449
lease, an energy consumption analysis, as computed or prepared by	8450
a qualified architect or engineer in accordance with the rules	8451
required by division (D) of this section.	8452

Construction shall proceed only upon the disclosure to the	8453
office, for the facility chosen, of the life-cycle costs as	8454
determined in this section and the capitalization of the initial	8455
construction costs of the building. The results of life-cycle cost	8456
analysis shall be a primary consideration in the selection of a	8457
building design. That analysis shall be required only for	8458
construction of buildings with an area of five thousand square	8459
feet or greater. An energy consumption analysis for the term of a	8460
proposed lease shall be required only for the leasing of an area	8461
of twenty thousand square feet or greater within a given building	8462
boundary. That analysis shall be a primary consideration in the	8463
selection of a facility to be leased.	8464

Nothing in this section shall deprive or limit any state	8465
agency that has review authority over design, construction, or	8466
leasing plans from requiring a life-cycle cost analysis or energy	8467
consumption analysis.	8468

~~Whenever any state agency, department, division, bureau,~~	8469
~~office, unit, board, commission, authority, quasi-governmental~~	8470
~~entity, or institution requests release of capital improvement~~	8471
~~funds for any state-funded facility, it shall submit copies of all~~	8472
~~pertinent life-cycle cost analyses prepared pursuant to this~~	8473
~~section and in accordance with rules adopted under Chapters 3781.~~	8474
~~and 4101. of the Revised Code.~~	8475

(D) For the purposes of assisting the department in its	8476
responsibility for state-funded facilities pursuant to section	8477
123.01 of the Revised Code and of cost-effectively reducing the	8478
energy consumption of those and any other state-funded facilities,	8479
thereby promoting fiscal, economic, and environmental benefits to	8480
this state, the office shall promulgate rules specifying	8481
cost-effective, energy efficiency and conservation standards that	8482
may govern the lease, design, construction, operation, and	8483
maintenance of all state-funded facilities, except facilities of	8484
state institutions of higher education or facilities operated by a	8485
political subdivision. The office of energy efficiency in the	8486
department of development shall cooperate in providing information	8487
and technical expertise to the office of energy services to ensure	8488
promulgation of rules of maximum effectiveness. The standards	8489
prescribed by rules promulgated under this division may draw from	8490
or incorporate, by reference or otherwise and in whole or in part,	8491
standards already developed or implemented by any competent,	8492
public or private standards organization or program. The rules	8493
also may include any of the following:	8494

(1) Specifications for a life-cycle cost analysis that shall	8495
determine, for the economic life of such state-funded facility,	8496
the reasonably expected costs of facility ownership, operation,	8497
and maintenance including labor and materials. Life-cycle cost may	8498
be expressed as an annual cost for each year of the facility's	8499
use. ~~Further, the life-cycle cost analysis may demonstrate for~~	8500
~~each design how the design contributes to energy efficiency and~~	8501
~~conservation with respect to any of the following:~~	8502

~~(a) The coordination, orientation, and positioning of the~~	8503
~~facility on its physical site;~~	8504

~~(b) The amount and type of glass employed in the facility and~~	8505
~~the directions of exposure;~~	8506

~~(c) Thermal characteristics of materials incorporated into~~	8507
~~facility design, including insulation;~~	8508

~~(d) Architectural features that affect energy consumption,~~	8509
~~including the solar absorption and reflection properties of~~	8510
~~external surfaces;~~	8511

~~(e) The variable occupancy and operating conditions of the~~	8512
~~facility and portions of the facility, including illumination~~	8513
~~levels;~~	8514

~~(f) Any other pertinent, physical characteristics of the~~	8515
~~design.~~	8516

A life-cycle cost analysis additionally may include an energy	8517
consumption analysis that conforms to division (D)(2) of this	8518
section.	8519

(2) Specifications for an energy consumption analysis of the	8520
facility's heating, refrigeration, ventilation, cooling, lighting,	8521
hot water, and other major energy consuming systems, components,	8522
and equipment. ~~This analysis shall include both of the following:~~	8523

~~(a) The comparison of two or more system alternatives, one of~~	8524
~~which may be a system using solar energy;~~	8525

~~(b) The projection of the annual energy consumption of those~~	8526
~~major energy consuming systems, components, and equipment, for a~~	8527
~~range of operation of the facility over the economic life of the~~	8528
~~facility and considering their operation at other than full or~~	8529
~~rated outputs.~~	8530

A life-cycle cost analysis and energy consumption analysis	8531
shall be based on the best currently available methods of	8532
analysis, such as those of the national ~~bureau~~institute of	8533
standards and technology, the United States department of ~~housing~~	8534
~~and urban development~~energy or other federal agencies,	8535
professional societies, and directions developed by the	8536
department.	8537

(3) Specifications for energy performance indices, to be used	8538
to audit and evaluate competing design proposals submitted to the	8539
state.	8540

(4) A requirement that, not later than two years after ~~the~~	8541
~~effective date of this amendment~~April 6, 2007, each state-funded	8542
facility, except a facility of a state institution of higher	8543
education or a facility operated by a political subdivision, is	8544
managed by at least one building operator certified under the	8545
building operator certification program or any equivalent program	8546
or standards as shall be prescribed in the rules and considered	8547
reasonably equivalent.	8548

(5) An application process by which a ~~project~~ manager~~, as to~~	8549
of a specified state-funded facility, except a facility of a state	8550
institution of higher education or a facility operated by a	8551
political subdivision, may apply for a waiver of compliance with	8552
any provision of the rules required by divisions (D)(1) to (4) of	8553
this section.	8554

(E) The office of energy services shall promulgate rules to	8555
ensure that energy efficiency and conservation will be considered	8556
in the purchase of products and equipment, except motor vehicles,	8557
by any state agency, department, division, bureau, office, unit,	8558
board, commission, authority, quasi-governmental entity, or	8559
institution. Minimum energy efficiency standards for purchased	8560
products and equipment may be required, based on federal testing	8561
and labeling where available or on standards developed by the	8562
office. The rules shall apply to the competitive selection of	8563
energy consuming systems, components, and equipment under Chapter	8564
125. of the Revised Code where possible.	8565

The office also shall ensure energy efficient and energy	8566
conserving purchasing practices by doing all of the following:	8567

(1) Cooperatively with the office of energy efficiency,	8568
identifying available energy efficiency and conservation	8569
opportunities;	8570

(2) Providing for interchange of information among purchasing	8571
agencies;	8572

(3) Identifying laws, policies, rules, and procedures that	8573
need modification;	8574

(4) Monitoring experience with and the cost-effectiveness of	8575
this state's purchase and use of motor vehicles and of major	8576
energy-consuming systems, components, equipment, and products	8577
having a significant impact on energy consumption by government;	8578

(5) Cooperatively with the office of energy efficiency,	8579
providing technical assistance and training to state employees	8580
involved in the purchasing process.	8581

The department of development shall make recommendations to	8582
the office regarding planning and implementation of purchasing	8583
policies and procedures supportive of energy efficiency and	8584
conservation.	8585

(F)(1) The office of energy services shall require all state	8586
agencies, departments, divisions, bureaus, offices, units,	8587
commissions, boards, authorities, quasi-governmental entities,	8588
institutions, and state institutions of higher education to	8589
implement procedures ensuring that all their passenger automobiles	8590
acquired in each fiscal year, except for those passenger	8591
automobiles acquired for use in law enforcement or emergency	8592
rescue work, achieve a fleet average fuel economy of not less than	8593
the fleet average fuel economy for that fiscal year as shall be	8594
prescribed by the office by rule. The office shall promulgate the	8595
rule prior to the beginning of the fiscal year in accordance with	8596
the average fuel economy standards established pursuant to federal	8597
law for passenger automobiles manufactured during the model year	8598
that begins during the fiscal year.	8599

(2) Each state agency, department, division, bureau, office,	8600
unit, commission, board, authority, quasi-governmental entity,	8601
institution, and state institution of higher education shall	8602
determine its fleet average fuel economy by dividing:	8603

(a) The total number of passenger vehicles acquired during	8604
the fiscal year, except for those passenger vehicles acquired for	8605
use in law enforcement or emergency rescue work, by	8606

(b) A sum of terms, each of which is a fraction created by	8607
dividing:	8608

(i) The number of passenger vehicles of a given make, model,	8609
and year, except for passenger vehicles acquired for use in law	8610
enforcement or emergency rescue work, acquired during the fiscal	8611
year, by	8612

(ii) The fuel economy measured by the administrator of the	8613
United States environmental protection agency, for the given make,	8614
model, and year of vehicle, that constitutes an average fuel	8615
economy for combined city and highway driving.	8616

As used in division (F)(2) of this section, "acquired" means	8617
leased for a period of sixty continuous days or more, or	8618
purchased.	8619

(G) Each state agency, department, division, bureau, office,	8620
unit, board, commission, authority, quasi-governmental entity,	8621
institution, and state institution of higher education shall	8622
comply with any applicable provision of this section or of a rule	8623
promulgated pursuant to division (D) or (F) of this section.	8624

Sec. 123.10. (A) The director of administrative services	8625
shall regulate the rate of tolls to be collected on the public	8626
works of the state, and shall fix all rentals and collect all	8627
tolls, rents, fines, commissions, fees, and other revenues arising	8628
from any source in the public works, including the sale,	8629
construction, purchase, or rental of property, except that the	8630
director shall not collect a commission or fee from a real estate	8631
broker or the private owner when real property is leased or rented	8632
to the state.	8633

(B) There is hereby created in the state treasury the state	8634
architect's fund which shall consist of money received by the	8635
department of administrative services under division (A) of this	8636
section, fees paid under section 123.17 of the Revised Code,	8637
transfers of money to the fund authorized by the general assembly,	8638
and such amount of the investment earnings of the administrative	8639
building fund created in division ~~(C)~~(F) of ~~this~~ section 154.24 of	8640
the Revised Code as the director of budget and management	8641
determines to be appropriate and in excess of the amounts required	8642
to meet estimated federal arbitrage rebate requirements. Money in	8643
the fund shall be used by the department of administrative	8644
services for the following purposes:	8645

(1) To pay personnel and other administrative expenses of the	8646
department;	8647

(2) To pay the cost of conducting evaluations of public	8648
works;	8649

(3) To pay the cost of building design specifications;

8650

(4) To pay the cost of providing project management services;

8651

(5) To pay the cost of operating the local administration	8652
competency certification program prescribed by section 123.17 of	8653
the Revised Code;	8654

(6) Any other purposes that the director of administrative	8655
services determines to be necessary for the department to execute	8656
its duties under this chapter.	8657

~~(C) There is hereby created in the state treasury the~~	8658
~~administrative building fund which shall consist of proceeds of~~	8659
~~obligations authorized to pay the cost of capital facilities.~~	8660
~~Except as provided in division (B) of this section, all investment~~	8661
~~earnings of the fund shall be credited to the fund. The fund shall~~	8662
~~be used to pay the cost of capital facilities designated by or~~	8663
~~pursuant to an act of the general assembly. The director of budget~~	8664
~~and management shall approve and provide a voucher for payments of~~	8665
~~amounts from the fund that represent the portion of investment~~	8666
~~earnings to be rebated or to be paid to the federal government in~~	8667
~~order to maintain the exclusion from gross income for federal~~	8668
~~income tax purposes on interest on those obligations pursuant to~~	8669
~~section 148(f) of the Internal Revenue Code.~~	8670

~~As used in this division, "capital facilities" has the same~~	8671
~~meaning as under section 152.09 of the Revised Code.~~	8672

Sec. 124.09. The director of administrative services shall	8673
do all of the following:	8674

(A) Prescribe, amend, and enforce administrative rules for	8675
the purpose of carrying out the functions, powers, and duties	8676
vested in and imposed upon the director by this chapter. Except in	8677
the case of rules adopted pursuant to section 124.14 of the	8678
Revised Code, the prescription, amendment, and enforcement of	8679
rules under this division are subject to approval, disapproval, or	8680
modification by the state personnel board of review.	8681

(B) Keep records of the director's proceedings and records of	8682
all applications for examinations and all examinations conducted	8683
by the director or the director's designee. All of those records,	8684
except examinations, proficiency assessments, and recommendations	8685
of former employers, shall be open to public inspection under	8686
reasonable regulations; provided the governor, or any person	8687
designated by the governor, may, for the purpose of investigation,	8688
have free access to all of those records, whenever the governor	8689
has reason to believe that this chapter, or the administrative	8690
rules of the director prescribed under this chapter, are being	8691
violated.	8692

(C) Prepare, continue, and keep in the office of the	8693
department of administrative services a complete roster of all	8694
persons in the classified civil service of the state who are paid	8695
directly by warrant of the director of budget and management. This	8696
roster shall be open to public inspection at all reasonable hours.	8697
It shall show in reference to each of those persons, the person's	8698
name, address, date of appointment to or employment in the	8699
classified civil service of the state, and salary or compensation,	8700
the title of the place or office that the person holds, the nature	8701
of the duties of that place or office, and, in case of the	8702
person's removal or resignation, the date of the termination of	8703
that service.	8704

(D) Approve the establishment of all new positions in the	8705
civil service of the state and the reestablishment of abolished	8706
positions;	8707

(E) Require the abolishment of any position in the civil	8708
service of the state that is not filled after a period of twelve	8709
months unless it is determined that the position is seasonal in	8710
nature or that the vacancy is otherwise justified;	8711

(F) Make investigations concerning all matters touching the	8712
enforcement and effect of this chapter and the administrative	8713
rules of the director of administrative services prescribed under	8714
this chapter. In the course of those investigations, the director	8715
or the director's deputy may administer oaths and affirmations and	8716
take testimony relative to any matter which the director has	8717
authority to investigate.	8718

(G) Have the power to subpoena and require the attendance and	8719
testimony of witnesses and the production of books, papers, public	8720
records, and other documentary evidence pertinent to the	8721
investigations, inquiries, or hearings on any matter which the	8722
director has authority to investigate, inquire into, or hear, and	8723
to examine them in relation to any matter which the director has	8724
authority to investigate, inquire into, or hear. Fees and mileage	8725
shall be allowed to witnesses and, on their certificate, duly	8726
audited, shall be paid by the treasurer of state or, in the case	8727
of municipal or civil service township civil service commissions,	8728
by the county treasurer, for attendance and traveling, as provided	8729
in section 119.094 of the Revised Code. All officers in the civil	8730
service of the state or any of the political subdivisions of the	8731
state and their deputies, clerks, and employees shall attend and	8732
testify when summoned to do so by the director or the state	8733
personnel board of review. Depositions of witnesses may be taken	8734
by the director or the board, or any member of the board, in the	8735
manner prescribed by law for like depositions in civil actions in	8736
the courts of common pleas. In case any person, in disobedience to	8737
any subpoena issued by the director or the board, or any member of	8738
the board, or the chief examiner, fails or refuses to attend and	8739
testify to any matter regarding which the person may be lawfully	8740
interrogated, or produce any documentary evidence pertinent to any	8741
investigation, inquiry, or hearing, the court of common pleas of	8742
any county, or any judge of the court of common pleas of any	8743
county, where the disobedience, failure, or refusal occurs, upon	8744
application of the director or the board, or any member of the	8745
board, or a municipal or civil service township civil service	8746
commission, or any commissioner of such a commission, or their	8747
chief examiner, shall compel obedience by attachment proceedings	8748
for contempt as in the case of disobedience of the requirements of	8749
a subpoena issued from the court or a refusal to testify in the	8750
court.	8751

(H) Make a report to the governor, on or before the first day	8752
of January of each year, showing the director's actions, the rules	8753
and all exceptions to the rules in force, and any recommendations	8754
for the more effectual accomplishment of the purposes of this	8755
chapter. The director shall also furnish any special reports to	8756
the governor whenever the governor requests them. The reports	8757
shall be printed for public distribution under the same	8758
regulations as are the reports of other state officers, boards, or	8759
commissions.	8760

Sec. 124.11. The civil service of the state and the several	8761
counties, cities, civil service townships, city health districts,	8762
general health districts, and city school districts of the state	8763
shall be divided into the unclassified service and the classified	8764
service.	8765

(A) The unclassified service shall comprise the following	8766
positions, which shall not be included in the classified service,	8767
and which shall be exempt from all examinations required by this	8768
chapter:	8769

(1) All officers elected by popular vote or persons appointed	8770
to fill vacancies in those offices;	8771

(2) All election officers as defined in section 3501.01 of	8772
the Revised Code;	8773

(3)(a) The members of all boards and commissions, and heads	8774
of principal departments, boards, and commissions appointed by the	8775
governor or by and with the governor's consent;	8776

(b) The heads of all departments appointed by a board of	8777
county commissioners;	8778

(c) The members of all boards and commissions and all heads	8779
of departments appointed by the mayor, or, if there is no mayor,	8780
such other similar chief appointing authority of any city or city	8781
school district;	8782

Except as otherwise provided in division (A)(17) or (C) of	8783
this section, this chapter does not exempt the chiefs of police	8784
departments and chiefs of fire departments of cities or civil	8785
service townships from the competitive classified service.	8786

(4) The members of county or district licensing boards or	8787
commissions and boards of revision, and not more than five deputy	8788
county auditors;	8789

(5) All officers and employees elected or appointed by either	8790
or both branches of the general assembly, and employees of the	8791
city legislative authority engaged in legislative duties;	8792

(6) All commissioned, warrant, and noncommissioned officers	8793
and enlisted persons in the Ohio organized militia, including	8794
military appointees in the adjutant general's department;	8795

(7)(a) All presidents, business managers, administrative	8796
officers, superintendents, assistant superintendents, principals,	8797
deans, assistant deans, instructors, teachers, and such employees	8798
as are engaged in educational or research duties connected with	8799
the public school system, colleges, and universities, as	8800
determined by the governing body of the public school system,	8801
colleges, and universities;	8802

(b) The library staff of any library in the state supported	8803
wholly or in part at public expense.	8804

(8) Four clerical and administrative support employees for	8805
each of the elective state officers, four clerical and	8806
administrative support employees for each board of county	8807
commissioners and one such employee for each county commissioner,	8808
and four clerical and administrative support employees for other	8809
elective officers and each of the principal appointive executive	8810
officers, boards, or commissions, except for civil service	8811
commissions, that are authorized to appoint such clerical and	8812
administrative support employees;	8813

(9) The deputies and assistants of state agencies authorized	8814
to act for and on behalf of the agency, or holding a fiduciary or	8815
administrative relation to that agency and those persons employed	8816
by and directly responsible to elected county officials or a	8817
county administrator and holding a fiduciary or administrative	8818
relationship to such elected county officials or county	8819
administrator, and the employees of such county officials whose	8820
fitness would be impracticable to determine by competitive	8821
examination, provided that division (A)(9) of this section shall	8822
not affect those persons in county employment in the classified	8823
service as of September 19, 1961. Nothing in division (A)(9) of	8824
this section applies to any position in a county department of job	8825
and family services created pursuant to Chapter 329. of the	8826
Revised Code.	8827

(10) Bailiffs, constables, official stenographers, and	8828
commissioners of courts of record, deputies of clerks of the	8829
courts of common pleas who supervise or who handle public moneys	8830
or secured documents, and such officers and employees of courts of	8831
record and such deputies of clerks of the courts of common pleas	8832
as the director of administrative services finds it impracticable	8833
to determine their fitness by competitive examination;	8834

(11) Assistants to the attorney general, special counsel	8835
appointed or employed by the attorney general, assistants to	8836
county prosecuting attorneys, and assistants to city directors of	8837
law;	8838

(12) Such teachers and employees in the agricultural	8839
experiment stations; such students in normal schools, colleges,	8840
and universities of the state who are employed by the state or a	8841
political subdivision of the state in student or intern	8842
classifications; and such unskilled labor positions as the	8843
director of administrative services or any municipal civil service	8844
commission may find it impracticable to include in the competitive	8845
classified service; provided such exemptions shall be by order of	8846
the commission or the director, duly entered on the record of the	8847
commission or the director with the reasons for each such	8848
exemption;	8849

(13) Any physician or dentist who is a full-time employee of	8850
the department of mental health, the department of developmental	8851
disabilities, or an institution under the jurisdiction of either	8852
department; and physicians who are in residency programs at the	8853
institutions;	8854

(14) Up to twenty positions at each institution under the	8855
jurisdiction of the department of mental health or the department	8856
of developmental disabilities that the department director	8857
determines to be primarily administrative or managerial; and up to	8858
fifteen positions in any division of either department, excluding	8859
administrative assistants to the director and division chiefs,	8860
which are within the immediate staff of a division chief and which	8861
the director determines to be primarily and distinctively	8862
administrative and managerial;	8863

(15) Noncitizens of the United States employed by the state,	8864
or its counties or cities, as physicians or nurses who are duly	8865
licensed to practice their respective professions under the laws	8866
of this state, or medical assistants, in mental or chronic disease	8867
hospitals, or institutions;	8868

(16) Employees of the governor's office;

8869

(17) Fire chiefs and chiefs of police in civil service	8870
townships appointed by boards of township trustees under section	8871
505.38 or 505.49 of the Revised Code;	8872

(18) Executive directors, deputy directors, and program	8873
directors employed by boards of alcohol, drug addiction, and	8874
mental health services under Chapter 340. of the Revised Code, and	8875
secretaries of the executive directors, deputy directors, and	8876
program directors;	8877

(19) Superintendents, and management employees as defined in	8878
section 5126.20 of the Revised Code, of county boards of	8879
developmental disabilities;	8880

(20) Physicians, nurses, and other employees of a county	8881
hospital who are appointed pursuant to sections 339.03 and 339.06	8882
of the Revised Code;	8883

(21) The executive director of the state medical board, who	8884
is appointed pursuant to division (B) of section 4731.05 of the	8885
Revised Code;	8886

(22) County directors of job and family services as provided	8887
in section 329.02 of the Revised Code and administrators appointed	8888
under section 329.021 of the Revised Code;	8889

(23) A director of economic development who is hired pursuant	8890
to division (A) of section 307.07 of the Revised Code;	8891

(24) Chiefs of construction and compliance, of operations and	8892
maintenance, of worker protection, and of licensing and	8893
certification in the division of labor in the department of	8894
commerce;	8895

(25) The executive director of a county transit system	8896
appointed under division (A) of section 306.04 of the Revised	8897
Code;	8898

(26) Up to five positions at each of the administrative	8899
departments listed in section 121.02 of the Revised Code and at	8900
the department of taxation, department of the adjutant general,	8901
department of education, Ohio board of regents, bureau of workers'	8902
compensation, industrial commission, state lottery commission, and	8903
public utilities commission of Ohio that the head of that	8904
administrative department or of that other state agency determines	8905
to be involved in policy development and implementation. The head	8906
of the administrative department or other state agency shall set	8907
the compensation for employees in these positions at a rate that	8908
is not less than the minimum compensation specified in pay range	8909
41 but not more than the maximum compensation specified in pay	8910
range 44 of salary schedule E-2 in section 124.152 of the Revised	8911
Code. The authority to establish positions in the unclassified	8912
service under division (A)(26) of this section is in addition to	8913
and does not limit any other authority that an administrative	8914
department or state agency has under the Revised Code to establish	8915
positions, appoint employees, or set compensation.	8916

(27) Employees of the department of agriculture employed	8917
under section 901.09 of the Revised Code;	8918

(28) For cities, counties, civil service townships, city	8919
health districts, general health districts, and city school	8920
districts, the deputies and assistants of elective or principal	8921
executive officers authorized to act for and in the place of their	8922
principals or holding a fiduciary relation to their principals;	8923

(29) Employees who receive intermittent or temporary	8924
appointments under division (B) of section 124.30 of the Revised	8925
Code;	8926

(30) Employees appointed to administrative staff positions	8927
for which an appointing authority is given specific statutory	8928
authority to set compensation;	8929

(31) Employees appointed to highway patrol cadet or highway	8930
patrol cadet candidate classifications;	8931

(32) An administrator appointed by a county board of	8932
information services and records management under section 307.847	8933
of the Revised Code;	8934

(33) Employees placed in the unclassified service by another	8935
section of the Revised Code.	8936

(B) The classified service shall comprise all persons in the	8937
employ of the state and the several counties, cities, city health	8938
districts, general health districts, and city school districts of	8939
the state, not specifically included in the unclassified service.	8940
Upon the creation by the board of trustees of a civil service	8941
township civil service commission, the classified service shall	8942
also comprise, except as otherwise provided in division (A)(17) or	8943
(C) of this section, all persons in the employ of a civil service	8944
township police or fire department having ten or more full-time	8945
paid employees. The classified service consists of two classes,	8946
which shall be designated as the competitive class and the	8947
unskilled labor class.	8948

(1) The competitive class shall include all positions and	8949
employments in the state and the counties, cities, city health	8950
districts, general health districts, and city school districts of	8951
the state, and, upon the creation by the board of trustees of a	8952
civil service township of a township civil service commission, all	8953
positions in a civil service township police or fire department	8954
having ten or more full-time paid employees, for which it is	8955
practicable to determine the merit and fitness of applicants by	8956
competitive examinations. Appointments shall be made to, or	8957
employment shall be given in, all positions in the competitive	8958
class that are not filled by promotion, reinstatement, transfer,	8959
or reduction, as provided in this chapter, and the rules of the	8960
director of administrative services, by appointment from those	8961
certified to the appointing officer in accordance with this	8962
chapter.	8963

(2) The unskilled labor class shall include ordinary	8964
unskilled laborers. Vacancies in the labor class for positions in	8965
service of the state shall be filled by appointment from lists of	8966
applicants registered by the director. Vacancies in the labor	8967
class for all other positions shall be filled by appointment from	8968
lists of applicants registered by a commission. The director or	8969
the commission, as applicable, by rule, shall require an applicant	8970
for registration in the labor class to furnish evidence or take	8971
tests as the director or commission considers proper with respect	8972
to age, residence, physical condition, ability to labor, honesty,	8973
sobriety, industry, capacity, and experience in the work or	8974
employment for which application is made. Laborers who fulfill the	8975
requirements shall be placed on the eligible list for the kind of	8976
labor or employment sought, and preference shall be given in	8977
employment in accordance with the rating received from that	8978
evidence or in those tests. Upon the request of an appointing	8979
officer, stating the kind of labor needed, the pay and probable	8980
length of employment, and the number to be employed, the director	8981
or commission, as applicable, shall certify from the highest on	8982
the list double the number to be employed; from this number, the	8983
appointing officer shall appoint the number actually needed for	8984
the particular work. If more than one applicant receives the same	8985
rating, priority in time of application shall determine the order	8986
in which their names shall be certified for appointment.	8987

(C) A municipal or civil service township civil service	8988
commission may place volunteer firefighters who are paid on a	8989
fee-for-service basis in either the classified or the unclassified	8990
civil service.	8991

(D) This division does not apply to persons in the	8992
unclassified service who have the right to resume positions in the	8993
classified service under sections 4121.121, 5119.071, 5120.38,	8994
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised	8995
Code.	8996

An appointing authority whose employees are paid directly by	8997
warrant of the director of budget and management may appoint a	8998
person who holds a certified position in the classified service	8999
within the appointing authority's agency to a position in the	9000
unclassified service within that agency. A person appointed	9001
pursuant to this division to a position in the unclassified	9002
service shall retain the right to resume the position and status	9003
held by the person in the classified service immediately prior to	9004
the person's appointment to the position in the unclassified	9005
service, regardless of the number of positions the person held in	9006
the unclassified service. An employee's right to resume a position	9007
in the classified service may only be exercised when an appointing	9008
authority demotes the employee to a pay range lower than the	9009
employee's current pay range or revokes the employee's appointment	9010
to the unclassified service. An employee forfeits the right to	9011
resume a position in the classified service when the employee is	9012
removed from the position in the unclassified service due to	9013
incompetence, inefficiency, dishonesty, drunkenness, immoral	9014
conduct, insubordination, discourteous treatment of the public,	9015
neglect of duty, violation of this chapter or the rules of the	9016
director of administrative services, any other failure of good	9017
behavior, any other acts of misfeasance, malfeasance, or	9018
nonfeasance in office, or conviction of a felony. An employee also	9019
forfeits the right to resume a position in the classified service	9020
upon transfer to a different agency.	9021

Reinstatement to a position in the classified service shall	9022
be to a position substantially equal to that position in the	9023
classified service held previously, as certified by the director	9024
of administrative services. If the position the person previously	9025
held in the classified service has been placed in the unclassified	9026
service or is otherwise unavailable, the person shall be appointed	9027
to a position in the classified service within the appointing	9028
authority's agency that the director of administrative services	9029
certifies is comparable in compensation to the position the person	9030
previously held in the classified service. Service in the position	9031
in the unclassified service shall be counted as service in the	9032
position in the classified service held by the person immediately	9033
prior to the person's appointment to the position in the	9034
unclassified service. When a person is reinstated to a position in	9035
the classified service as provided in this division, the person is	9036
entitled to all rights, status, and benefits accruing to the	9037
position in the classified service during the person's time of	9038
service in the position in the unclassified service.	9039

Sec. 124.14. (A)(1) The director of administrative services	9040
shall establish, and may modify or rescind, ~~by rule,~~ a job	9041
classification plan for all positions, offices, and employments	9042
the salaries of which are paid in whole or in part by the state.	9043
The director shall group jobs within a classification so that the	9044
positions are similar enough in duties and responsibilities to be	9045
described by the same title, to have the same pay assigned with	9046
equity, and to have the same qualifications for selection applied.	9047
The director shall~~, by rule,~~ assign a classification title to each	9048
classification within the classification plan. However, the	9049
director shall consider in establishing classifications, including	9050
classifications with parenthetical titles, and assigning pay	9051
ranges such factors as duties performed only on one shift, special	9052
skills in short supply in the labor market, recruitment problems,	9053
separation rates, comparative salary rates, the amount of training	9054
required, and other conditions affecting employment. The director	9055
shall describe the duties and responsibilities of the class,	9056
establish the qualifications for being employed in each position	9057
in the class, and file with the secretary of state a copy of	9058
specifications for all of the classifications. The director shall	9059
file new, additional, or revised specifications with the secretary	9060
of state before they are used.	9061

The director shall~~, by rule,~~ assign each classification,	9062
either on a statewide basis or in particular counties or state	9063
institutions, to a pay range established under section 124.15 or	9064
section 124.152 of the Revised Code. The director may assign a	9065
classification to a pay range on a temporary basis for a period of	9066
six months. The director may establish~~, by rule adopted under~~	9067
~~Chapter 119. of the Revised Code,~~ experimental classification	9068
plans for some or all employees paid directly by warrant of the	9069
director of budget and management. ~~The rule~~An experimental	9070
classification plan shall include specifications for each	9071
classification within the plan and shall specifically address	9072
compensation ranges, and methods for advancing within the ranges,	9073
for the classifications, which may be assigned to pay ranges other	9074
than the pay ranges established under section 124.15 or 124.152 of	9075
the Revised Code.	9076

(2) The director of administrative services may reassign to a	9077
proper classification those positions that have been assigned to	9078
an improper classification. If the compensation of an employee in	9079
such a reassigned position exceeds the maximum rate of pay for the	9080
employee's new classification, the employee shall be placed in pay	9081
step X and shall not receive an increase in compensation until the	9082
maximum rate of pay for that classification exceeds the employee's	9083
compensation.	9084

(3) The director may reassign an exempt employee, as defined	9085
in section 124.152 of the Revised Code, to a bargaining unit	9086
classification if the director determines that the bargaining unit	9087
classification is the proper classification for that employee.	9088
Notwithstanding Chapter 4117. of the Revised Code or instruments	9089
and contracts negotiated under it, these placements are at the	9090
director's discretion.	9091

(4) The director shall~~, by rule,~~ assign related	9092
classifications, which form a career progression, to a	9093
classification series. The director shall~~, by rule,~~ assign each	9094
classification in the classification plan a five-digit number, the	9095
first four digits of which shall denote the classification series	9096
to which the classification is assigned. When a career progression	9097
encompasses more than ten classifications, the director shall~~, by~~	9098
~~rule,~~ identify the additional classifications belonging to a	9099
classification series. The additional classifications shall be	9100
part of the classification series, notwithstanding the fact that	9101
the first four digits of the number assigned to the additional	9102
classifications do not correspond to the first four digits of the	9103
numbers assigned to other classifications in the classification	9104
series.	9105

(5) The director may establish, modify, or rescind a	9106
classification plan for county agencies that elect not to use the	9107
services and facilities of a county personnel department. ~~The~~	9108
~~director shall establish any such classification plan by means of~~	9109
~~rules adopted under Chapter 119. of the Revised Code. The rules~~	9110
The classification plan shall include a methodology for the	9111
establishment of titles unique to county agencies, the use of	9112
state classification titles and classification specifications for	9113
common positions, the criteria for a county to meet in	9114
establishing its own classification plan, and the establishment of	9115
what constitutes a classification series for county agencies. The	9116
director may assess a county agency that chooses to use the	9117
classification plan a usage fee the director determines. All usage	9118
fees the department of administrative services receives shall be	9119
paid into the state treasury to the credit of the human resources	9120
fund created in section 124.07 of the Revised Code.	9121

(B) Division (A) of this section and sections 124.15 and	9122
124.152 of the Revised Code do not apply to the following persons,	9123
positions, offices, and employments:	9124

(1) Elected officials;

9125

(2) Legislative employees, employees of the legislative	9126
service commission, employees in the office of the governor,	9127
employees who are in the unclassified civil service and exempt	9128
from collective bargaining coverage in the office of the secretary	9129
of state, auditor of state, treasurer of state, and attorney	9130
general, and employees of the supreme court;	9131

(3) Employees of a county children services board that	9132
establishes compensation rates under section 5153.12 of the	9133
Revised Code;	9134

(4) Any position for which the authority to determine	9135
compensation is given by law to another individual or entity;	9136

(5) Employees of the bureau of workers' compensation whose	9137
compensation the administrator of workers' compensation	9138
establishes under division (B) of section 4121.121 of the Revised	9139
Code.	9140

(C) The director may employ a consulting agency to aid and	9141
assist the director in carrying out this section.	9142

(D)(1) When the director proposes to modify a classification	9143
or the assignment of classes to appropriate pay ranges, the	9144
director shall send written notice of the ~~proposed rule~~	9145
modification to the appointing authorities of the affected	9146
employees ~~thirty days before a hearing on the proposed rule. The~~,	9147
and the appointing authorities shall notify the affected employees	9148
regarding the ~~proposed rule~~modification thirty days before the	9149
modification occurs. The director also shall send those appointing	9150
authorities notice of any ~~final rule that is adopted~~modification	9151
within ten days after ~~adoption~~the modification.	9152

(2) When the director proposes to reclassify any employee so	9153
that the employee is adversely affected, the director shall give	9154
to the employee affected and to the employee's appointing	9155
authority a written notice setting forth the proposed new	9156
classification, pay range, and salary. Upon the request of any	9157
classified employee who is not serving in a probationary period,	9158
the director shall perform a job audit to review the	9159
classification of the employee's position to determine whether the	9160
position is properly classified. The director shall give to the	9161
employee affected and to the employee's appointing authority a	9162
written notice of the director's determination whether or not to	9163
reclassify the position or to reassign the employee to another	9164
classification. An employee or appointing authority desiring a	9165
hearing shall file a written request for the hearing with the	9166
state personnel board of review within thirty days after receiving	9167
the notice. The board shall set the matter for a hearing and	9168
notify the employee and appointing authority of the time and place	9169
of the hearing. The employee, the appointing authority, or any	9170
authorized representative of the employee who wishes to submit	9171
facts for the consideration of the board shall be afforded	9172
reasonable opportunity to do so. After the hearing, the board	9173
shall consider anew the reclassification and may order the	9174
reclassification of the employee and require the director to	9175
assign the employee to such appropriate classification as the	9176
facts and evidence warrant. As provided in division (A)(1) of	9177
section 124.03 of the Revised Code, the board may determine the	9178
most appropriate classification for the position of any employee	9179
coming before the board, with or without a job audit. The board	9180
shall disallow any reclassification or reassignment classification	9181
of any employee when it finds that changes have been made in the	9182
duties and responsibilities of any particular employee for	9183
political, religious, or other unjust reasons.	9184

(E)(1) Employees of each county department of job and family	9185
services shall be paid a salary or wage established by the board	9186
of county commissioners. The provisions of section 124.18 of the	9187
Revised Code concerning the standard work week apply to employees	9188
of county departments of job and family services. A board of	9189
county commissioners may do either of the following:	9190

(a) Notwithstanding any other section of the Revised Code,	9191
supplement the sick leave, vacation leave, personal leave, and	9192
other benefits of any employee of the county department of job and	9193
family services of that county, if the employee is eligible for	9194
the supplement under a written policy providing for the	9195
supplement;	9196

(b) Notwithstanding any other section of the Revised Code,	9197
establish alternative schedules of sick leave, vacation leave,	9198
personal leave, or other benefits for employees not inconsistent	9199
with the provisions of a collective bargaining agreement covering	9200
the affected employees.	9201

(2) Division (E)(1) of this section does not apply to	9202
employees for whom the state employment relations board	9203
establishes appropriate bargaining units pursuant to section	9204
4117.06 of the Revised Code, except in either of the following	9205
situations:	9206

(a) The employees for whom the state employment relations	9207
board establishes appropriate bargaining units elect no	9208
representative in a board-conducted representation election.	9209

(b) After the state employment relations board establishes	9210
appropriate bargaining units for such employees, all employee	9211
organizations withdraw from a representation election.	9212

(F)(1) Notwithstanding any contrary provision of sections	9213
124.01 to 124.64 of the Revised Code, the board of trustees of	9214
each state university or college, as defined in section 3345.12 of	9215
the Revised Code, shall carry out all matters of governance	9216
involving the officers and employees of the university or college,	9217
including, but not limited to, the powers, duties, and functions	9218
of the department of administrative services and the director of	9219
administrative services specified in this chapter. Officers and	9220
employees of a state university or college shall have the right of	9221
appeal to the state personnel board of review as provided in this	9222
chapter.	9223

(2) Each board of trustees shall adopt rules under section	9224
111.15 of the Revised Code to carry out the matters of governance	9225
described in division (F)(1) of this section. Until the board of	9226
trustees adopts those rules, a state university or college shall	9227
continue to operate pursuant to the applicable rules adopted by	9228
the director of administrative services under this chapter.	9229

(G)(1) Each board of county commissioners may, by a	9230
resolution adopted by a majority of its members, establish a	9231
county personnel department to exercise the powers, duties, and	9232
functions specified in division (G) of this section. As used in	9233
division (G) of this section, "county personnel department" means	9234
a county personnel department established by a board of county	9235
commissioners under division (G)(1) of this section.	9236

(2)(a) Each board of county commissioners, by a resolution	9237
adopted by a majority of its members, may designate the county	9238
personnel department of the county to exercise the powers, duties,	9239
and functions specified in sections 124.01 to 124.64 and Chapter	9240
325. of the Revised Code with regard to employees in the service	9241
of the county, except for the powers and duties of the state	9242
personnel board of review, which powers and duties shall not be	9243
construed as having been modified or diminished in any manner by	9244
division (G)(2) of this section, with respect to the employees for	9245
whom the board of county commissioners is the appointing authority	9246
or co-appointing authority.	9247

(b) Nothing in division (G)(2) of this section shall be	9248
construed to limit the right of any employee who possesses the	9249
right of appeal to the state personnel board of review to continue	9250
to possess that right of appeal.	9251

(c) Any board of county commissioners that has established a	9252
county personnel department may contract with the department of	9253
administrative services, another political subdivision, or an	9254
appropriate public or private entity to provide competitive	9255
testing services or other appropriate services.	9256

(3) After the county personnel department of a county has	9257
been established as described in division (G)(2) of this section,	9258
any elected official, board, agency, or other appointing authority	9259
of that county, upon written notification to the county personnel	9260
department, may elect to use the services and facilities of the	9261
county personnel department. Upon receipt of the notification by	9262
the county personnel department, the county personnel department	9263
shall exercise the powers, duties, and functions as described in	9264
division (G)(2) of this section with respect to the employees of	9265
that elected official, board, agency, or other appointing	9266
authority.	9267

(4) Each board of county commissioners, by a resolution	9268
adopted by a majority of its members, may disband the county	9269
personnel department.	9270

(5) Any elected official, board, agency, or appointing	9271
authority of a county may end its involvement with a county	9272
personnel department upon actual receipt by the department of a	9273
certified copy of the notification that contains the decision to	9274
no longer participate.	9275

(6) The director of administrative services may, by rule	9276
adopted in accordance with Chapter 119. of the Revised Code,	9277
prescribe criteria and procedures for the following:	9278

(a) A requirement that each county personnel department, in	9279
carrying out its duties, adhere to merit system principles with	9280
regard to employees of county departments of job and family	9281
services, child support enforcement agencies, and public child	9282
welfare agencies so that there is no threatened loss of federal	9283
funding for these agencies, and a requirement that the county be	9284
financially liable to the state for any loss of federal funds due	9285
to the action or inaction of the county personnel department. The	9286
costs associated with audits conducted to monitor compliance with	9287
division (G)(6)(a) of this section shall be reimbursed to the	9288
department of administrative services as determined by the	9289
director. All money the department receives for these audits shall	9290
be paid into the state treasury to the credit of the human	9291
resources fund created in section 124.07 of the Revised Code.	9292

(b) Authorization for the director of administrative services	9293
to conduct periodic audits and reviews of county personnel	9294
departments to guarantee the uniform application of the powers,	9295
duties, and functions exercised pursuant to division (G)(2)(a) of	9296
this section. The costs of the audits and reviews shall be	9297
reimbursed to the department of administrative services as	9298
determined by the director by the county for which the services	9299
are performed. All money the department receives shall be paid	9300
into the state treasury to the credit of the human resources fund	9301
created in section 124.07 of the Revised Code.	9302

(H) The director of administrative services shall establish	9303
the rate and method of compensation for all employees who are paid	9304
directly by warrant of the director of budget and management and	9305
who are serving in positions that the director of administrative	9306
services has determined impracticable to include in the state job	9307
classification plan. This division does not apply to elected	9308
officials, legislative employees, employees of the legislative	9309
service commission, employees who are in the unclassified civil	9310
service and exempt from collective bargaining coverage in the	9311
office of the secretary of state, auditor of state, treasurer of	9312
state, and attorney general, employees of the courts, employees of	9313
the bureau of workers' compensation whose compensation the	9314
administrator of workers' compensation establishes under division	9315
(B) of section 4121.121 of the Revised Code, or employees of an	9316
appointing authority authorized by law to fix the compensation of	9317
those employees.	9318

(I) The director shall set the rate of compensation for all	9319
intermittent, seasonal, temporary, emergency, and casual employees	9320
in the service of the state who are not considered public	9321
employees under section 4117.01 of the Revised Code. Those	9322
employees are not entitled to receive employee benefits. This rate	9323
of compensation shall be equitable in terms of the rate of	9324
employees serving in the same or similar classifications. This	9325
division does not apply to elected officials, legislative	9326
employees, employees of the legislative service commission,	9327
employees who are in the unclassified civil service and exempt	9328
from collective bargaining coverage in the office of the secretary	9329
of state, auditor of state, treasurer of state, and attorney	9330
general, employees of the courts, employees of the bureau of	9331
workers' compensation whose compensation the administrator	9332
establishes under division (B) of section 4121.121 of the Revised	9333
Code, or employees of an appointing authority authorized by law to	9334
fix the compensation of those employees.	9335

Sec. 124.141. The director of administrative services may	9336
establish~~, by rule adopted under Chapter 119. of the Revised Code,~~	9337
an appointment incentive program that allows an appointing	9338
authority to pay to an officer or employee described in division	9339
(A)(30) of section 124.11, division (B)(2) of section 124.14, or	9340
division (B) of section 126.32 of the Revised Code a salary and	9341
benefits package that differs from the salary and benefits	9342
otherwise provided by law for that officer or employee, provided	9343
that the appointment incentive program established by the director	9344
cannot include authority for an appointing authority to provide	9345
health care benefits to a covered officer or employee that are	9346
different from health care benefits otherwise provided by law for	9347
that officer or employee.	9348

Sec. 124.15. (A) Board and commission members appointed	9349
prior to July 1, 1991, shall be paid a salary or wage in	9350
accordance with the following schedules of rates:	9351

Schedule B	9352

Pay Ranges and Step Values	9353

Range		Step 1	Step 2	Step 3	Step 4	9354
23	Hourly	5.72	5.91	6.10	6.31	9355
	Annually	11897.60	12292.80	12688.00	13124.80	9356
Step 5	Step 6				9357
	Hourly	6.52	6.75			9358
	Annually	13561.60	14040.00			9359
Step 1	Step 2	Step 3	Step 4		9360
24	Hourly	6.00	6.20	6.41	6.63	9361
	Annually	12480.00	12896.00	13332.80	13790.40	9362
Step 5	Step 6				9363
	Hourly	6.87	7.10			9364
	Annually	14289.60	14768.00			9365
Step 1	Step 2	Step 3	Step 4		9366
25	Hourly	6.31	6.52	6.75	6.99	9367
	Annually	13124.80	13561.60	14040.00	14539.20	9368
Step 5	Step 6				9369
	Hourly	7.23	7.41			9370
	Annually	15038.40	15412.80			9371
Step 1	Step 2	Step 3	Step 4		9372
26	Hourly	6.63	6.87	7.10	7.32	9373
	Annually	13790.40	14289.60	14768.00	15225.60	9374
Step 5	Step 6				9375
	Hourly	7.53	7.77			9376
	Annually	15662.40	16161.60			9377
Step 1	Step 2	Step 3	Step 4		9378
27	Hourly	6.99	7.23	7.41	7.64	9379
	Annually	14534.20	15038.40	15412.80	15891.20	9380
Step 5	Step 6	Step 7			9381
	Hourly	7.88	8.15	8.46		9382
	Annually	16390.40	16952.00	17596.80		9383
Step 1	Step 2	Step 3	Step 4		9384
28	Hourly	7.41	7.64	7.88	8.15	9385
	Annually	15412.80	15891.20	16390.40	16952.00	9386
Step 5	Step 6	Step 7			9387
	Hourly	8.46	8.79	9.15		9388
	Annually	17596.80	18283.20	19032.00		9389
Step 1	Step 2	Step 3	Step 4		9390
29	Hourly	7.88	8.15	8.46	8.79	9391
	Annually	16390.40	16952.00	17596.80	18283.20	9392
Step 5	Step 6	Step 7			9393
	Hourly	9.15	9.58	10.01		9394
	Annually	19032.00	19926.40	20820.80		9395
Step 1	Step 2	Step 3	Step 4		9396
30	Hourly	8.46	8.79	9.15	9.58	9397
	Annually	17596.80	18283.20	19032.00	19926.40	9398
Step 5	Step 6	Step 7			9399
	Hourly	10.01	10.46	10.99		9400
	Annually	20820.80	21756.80	22859.20		9401
Step 1	Step 2	Step 3	Step 4		9402
31	Hourly	9.15	9.58	10.01	10.46	9403
	Annually	19032.00	19962.40	20820.80	21756.80	9404
Step 5	Step 6	Step 7			9405
	Hourly	10.99	11.52	12.09		9406
	Annually	22859.20	23961.60	25147.20		9407
Step 1	Step 2	Step 3	Step 4		9408
32	Hourly	10.01	10.46	10.99	11.52	9409
	Annually	20820.80	21756.80	22859.20	23961.60	9410
Step 5	Step 6	Step 7	Step 8		9411
	Hourly	12.09	12.68	13.29	13.94	9412
	Annually	25147.20	26374.40	27643.20	28995.20	9413
Step 1	Step 2	Step 3	Step 4		9414
33	Hourly	10.99	11.52	12.09	12.68	9415
	Annually	22859.20	23961.60	25147.20	26374.40	9416
Step 5	Step 6	Step 7	Step 8		9417
	Hourly	13.29	13.94	14.63	15.35	9418
	Annually	27643.20	28995.20	30430.40	31928.00	9419
Step 1	Step 2	Step 3	Step 4		9420
34	Hourly	12.09	12.68	13.29	13.94	9421
	Annually	25147.20	26374.40	27643.20	28995.20	9422
Step 5	Step 6	Step 7	Step 8		9423
	Hourly	14.63	15.35	16.11	16.91	9424
	Annually	30430.40	31928.00	33508.80	35172.80	9425
Step 1	Step 2	Step 3	Step 4		9426
35	Hourly	13.29	13.94	14.63	15.35	9427
	Annually	27643.20	28995.20	30430.40	31928.00	9428
Step 5	Step 6	Step 7	Step 8		9429
	Hourly	16.11	16.91	17.73	18.62	9430
	Annually	33508.80	35172.80	36878.40	38729.60	9431
Step 1	Step 2	Step 3	Step 4		9432
36	Hourly	14.63	15.35	16.11	16.91	9433
	Annually	30430.40	31928.00	33508.80	35172.80	9434
Step 5	Step 6	Step 7	Step 8		9435
	Hourly	17.73	18.62	19.54	20.51	9436
	Annually	36878.40	38729.60	40643.20	42660.80	9437

Schedule C	9438

Pay Range and Values	9439

Range		Minimum	Maximum	9440
41 Hourly		10.44	15.72	9441
	Annually	21715.20	32697.60	9442
42 Hourly		11.51	17.35	9443
	Annually	23940.80	36088.00	9444
43 Hourly		12.68	19.12	9445
	Annually	26374.40	39769.60	9446
44 Hourly		13.99	20.87	9447
	Annually	29099.20	43409.60	9448
45 Hourly		15.44	22.80	9449
	Annually	32115.20	47424.00	9450
46 Hourly		17.01	24.90	9451
	Annually	35380.80	51792.00	9452
47 Hourly		18.75	27.18	9453
	Annually	39000.00	56534.40	9454
48 Hourly		20.67	29.69	9455
	Annually	42993.60	61755.20	9456
49 Hourly		22.80	32.06	9457
	Annually	47424.00	66684.80	9458

(B) The pay schedule of all employees shall be on a biweekly	9459
basis, with amounts computed on an hourly basis.	9460

(C) Part-time employees shall be compensated on an hourly	9461
basis for time worked, at the rates shown in division (A) of this	9462
section or in section 124.152 of the Revised Code.	9463

(D) The salary and wage rates in division (A) of this section	9464
or in section 124.152 of the Revised Code represent base rates of	9465
compensation and may be augmented by the provisions of section	9466
124.181 of the Revised Code. In those cases where lodging, meals,	9467
laundry, or other personal services are furnished an employee in	9468
the service of the state, the actual costs or fair market value of	9469
the personal services shall be paid by the employee in such	9470
amounts and manner as determined by the director of administrative	9471
services and approved by the director of budget and management,	9472
and those personal services shall not be considered as a part of	9473
the employee's compensation. An appointing authority that appoints	9474
employees in the service of the state, with the approval of the	9475
director of administrative services and the director of budget and	9476
management, may establish payments to employees for uniforms,	9477
tools, equipment, and other requirements of the department and	9478
payments for the maintenance of them.	9479

The director of administrative services may review collective	9480
bargaining agreements entered into under Chapter 4117. of the	9481
Revised Code that cover employees in the service of the state and	9482
determine whether certain benefits or payments provided to the	9483
employees covered by those agreements should also be provided to	9484
employees in the service of the state who are exempt from	9485
collective bargaining coverage and are paid in accordance with	9486
section 124.152 of the Revised Code or are listed in division	9487
(B)(2) or (4) of section 124.14 of the Revised Code. On completing	9488
the review, the director of administrative services, with the	9489
approval of the director of budget and management, may provide to	9490
some or all of these employees any payment or benefit, except for	9491
salary, contained in such a collective bargaining agreement even	9492
if it is similar to a payment or benefit already provided by law	9493
to some or all of these employees. Any payment or benefit so	9494
provided shall not exceed the highest level for that payment or	9495
benefit specified in such a collective bargaining agreement. The	9496
director of administrative services shall not provide, and the	9497
director of budget and management shall not approve, any payment	9498
or benefit to such an employee under this division unless the	9499
payment or benefit is provided pursuant to a collective bargaining	9500
agreement to a state employee who is in a position with similar	9501
duties as, is supervised by, or is employed by the same appointing	9502
authority as, the employee to whom the benefit or payment is to be	9503
provided.	9504

As used in this division, "payment or benefit already	9505
provided by law" includes, but is not limited to, bereavement,	9506
personal, vacation, administrative, and sick leave, disability	9507
benefits, holiday pay, and pay supplements provided under the	9508
Revised Code, but does not include wages or salary.	9509

(E) New employees paid in accordance with schedule B of	9510
division (A) of this section or schedule E-1 of section 124.152 of	9511
the Revised Code shall be employed at the minimum rate established	9512
for the range unless otherwise provided. Employees with	9513
qualifications that are beyond the minimum normally required for	9514
the position and that are determined by the director to be	9515
exceptional may be employed in, or may be transferred or promoted	9516
to, a position at an advanced step of the range. Further, in time	9517
of a serious labor market condition when it is relatively	9518
impossible to recruit employees at the minimum rate for a	9519
particular classification, the entrance rate may be set at an	9520
advanced step in the range by the director of administrative	9521
services. This rate may be limited to geographical regions of the	9522
state. Appointments made to an advanced step under the provision	9523
regarding exceptional qualifications shall not affect the step	9524
assignment of employees already serving. However, anytime the	9525
hiring rate of an entire classification is advanced to a higher	9526
step, all incumbents of that classification being paid at a step	9527
lower than that being used for hiring, shall be advanced beginning	9528
at the start of the first pay period thereafter to the new hiring	9529
rate, and any time accrued at the lower step will be used to	9530
calculate advancement to a succeeding step. If the hiring rate of	9531
a classification is increased for only a geographical region of	9532
the state, only incumbents who work in that geographical region	9533
shall be advanced to a higher step. When an employee in the	9534
unclassified service changes from one state position to another or	9535
is appointed to a position in the classified service, or if an	9536
employee in the classified service is appointed to a position in	9537
the unclassified service, the employee's salary or wage in the new	9538
position shall be determined in the same manner as if the employee	9539
were an employee in the classified service. When an employee in	9540
the unclassified service who is not eligible for step increases is	9541
appointed to a classification in the classified service under	9542
which step increases are provided, future step increases shall be	9543
based on the date on which the employee last received a pay	9544
increase. If the employee has not received an increase during the	9545
previous year, the date of the appointment to the classified	9546
service shall be used to determine the employee's annual step	9547
advancement eligibility date. In reassigning any employee to a	9548
classification resulting in a pay range increase or to a new pay	9549
range as a result of a promotion, an increase pay range	9550
adjustment, or other classification change resulting in a pay	9551
range increase, the director shall assign such employee to the	9552
step in the new pay range that will provide an increase of	9553
approximately four per cent if the new pay range can accommodate	9554
the increase. When an employee is being assigned to a	9555
classification or new pay range as the result of a class plan	9556
change, if the employee has completed a probationary period, the	9557
employee shall be placed in a step no lower than step two of the	9558
new pay range. If the employee has not completed a probationary	9559
period, the employee may be placed in step one of the new pay	9560
range. Such new salary or wage shall become effective on such date	9561
as the director determines.	9562

(F) If employment conditions and the urgency of the work	9563
require such action, the director of administrative services may,	9564
upon the application of a department head, authorize payment at	9565
any rate established within the range for the class of work, for	9566
work of a casual or intermittent nature or on a project basis.	9567
Payment at such rates shall not be made to the same individual for	9568
more than three calendar months in any one calendar year. Any such	9569
action shall be subject to the approval of the director of budget	9570
and management as to the availability of funds. This section and	9571
sections 124.14 and 124.152 of the Revised Code do not repeal any	9572
authority of any department or public official to contract with or	9573
fix the compensation of professional persons who may be employed	9574
temporarily for work of a casual nature or for work on a project	9575
basis.	9576

(G)(1) Except as provided in divisions (G)(2) and (3) of this	9577
section, each state employee paid in accordance with schedule B of	9578
this section or schedule E-1 of section 124.152 of the Revised	9579
Code shall be eligible for advancement to succeeding steps in the	9580
range for the employee's class or grade according to the schedule	9581
established in this division. Beginning on the first day of the	9582
pay period within which the employee completes the prescribed	9583
probationary period in the employee's classification with the	9584
state, each employee shall receive an automatic salary adjustment	9585
equivalent to the next higher step within the pay range for the	9586
employee's class or grade.	9587

Except as provided in divisions (G)(2) and (3) of this	9588
section, each employee paid in accordance with schedule E-1 of	9589
section 124.152 of the Revised Code shall be eligible to advance	9590
to the next higher step until the employee reaches the top step in	9591
the range for the employee's class or grade, if the employee has	9592
maintained satisfactory performance in accordance with criteria	9593
established by the employee's appointing authority. Those step	9594
advancements shall not occur more frequently than once in any	9595
twelve-month period.	9596

When an employee is promoted, the step entry date shall be	9597
set to account for a probationary period. When an employee is	9598
reassigned to a higher pay range, the step entry date shall be set	9599
to allow an employee who is not at the highest step of the range	9600
to receive a step advancement one year from the reassignment date.	9601
Step advancement shall not be affected by demotion. A promoted	9602
employee shall advance to the next higher step of the pay range on	9603
the first day of the pay period in which the required probationary	9604
period is completed. Step advancement shall become effective at	9605
the beginning of the pay period within which the employee attains	9606
the necessary length of service. Time spent on authorized leave of	9607
absence shall be counted for this purpose.	9608

If determined to be in the best interest of the state	9609
service, the director of administrative services may, either	9610
statewide or in selected agencies, adjust the dates on which	9611
annual step advancements are received by employees paid in	9612
accordance with schedule E-1 of section 124.152 of the Revised	9613
Code.	9614

(2)(a) There shall be a moratorium on annual step	9615
advancements under division (G)(1) of this section beginning June	9616
21, 2009, through June 20, 2011. Step advancements shall resume	9617
with the pay period beginning June 21, 2011. Upon the resumption	9618
of step advancements, there shall be no retroactive step	9619
advancements for the period the moratorium was in effect. The	9620
moratorium shall not affect an employee's performance evaluation	9621
schedule.	9622

An employee who begins a probationary period before June 21,	9623
2009, shall advance to the next step in the employee's pay range	9624
at the end of probation, and then become subject to the	9625
moratorium. An employee who is hired, promoted, or reassigned to a	9626
higher pay range between June 21, 2009, through June 20, 2011,	9627
shall not advance to the next step in the employee's pay range	9628
until the next anniversary of the employee's date of hire,	9629
promotion, or reassignment that occurs on or after June 21, 2011.	9630

(b) The moratorium under division (G)(2)(a) of this section	9631
shall apply to the employees of the secretary of state, the	9632
auditor of state, the treasurer of state, and the attorney	9633
general, who are subject to this section unless the secretary of	9634
state, the auditor of state, the treasurer of state, or the	9635
attorney general decides to exempt the office's employees from the	9636
moratorium and so notifies the director of administrative services	9637
in writing on or before July 1, 2009.	9638

(3) Employees in intermittent positions shall be employed at	9639
the minimum rate established for the pay range for their	9640
classification and are not eligible for step advancements.	9641

(H) Employees in appointive managerial or professional	9642
positions paid in accordance with schedule C of this section or	9643
schedule E-2 of section 124.152 of the Revised Code may be	9644
appointed at any rate within the appropriate pay range. This rate	9645
of pay may be adjusted higher or lower within the respective pay	9646
range at any time the appointing authority so desires as long as	9647
the adjustment is based on the employee's ability to successfully	9648
administer those duties assigned to the employee. Salary	9649
adjustments shall not be made more frequently than once in any	9650
six-month period under this provision to incumbents holding the	9651
same position and classification.	9652

(I) When an employee is assigned to duty outside this state,	9653
the employee may be compensated, upon request of the department	9654
head and with the approval of the director of administrative	9655
services, at a rate not to exceed fifty per cent in excess of the	9656
employee's current base rate for the period of time spent on that	9657
duty.	9658

(J) Unless compensation for members of a board or commission	9659
is otherwise specifically provided by law, the director of	9660
administrative services shall establish the rate and method of	9661
payment for members of boards and commissions pursuant to the pay	9662
schedules listed in section 124.152 of the Revised Code.	9663

(K) Regular full-time employees in positions assigned to	9664
classes within the instruction and education administration series	9665
~~under the rules of~~by the director of administrative services,	9666
except certificated employees on the instructional staff of the	9667
state school for the blind or the state school for the deaf, whose	9668
positions are scheduled to work on the basis of an academic year	9669
rather than a full calendar year, shall be paid according to the	9670
pay range assigned by ~~such rules~~the director, but only during	9671
those pay periods included in the academic year of the school	9672
where the employee is located.	9673

(1) Part-time or substitute teachers or those whose period of	9674
employment is other than the full academic year shall be	9675
compensated for the actual time worked at the rate established by	9676
this section.	9677

(2) Employees governed by this division are exempt from	9678
sections 124.13 and 124.19 of the Revised Code.	9679

(3) Length of service for the purpose of determining	9680
eligibility for step advancements as provided by division (G) of	9681
this section and for the purpose of determining eligibility for	9682
longevity pay supplements as provided by division (E) of section	9683
124.181 of the Revised Code shall be computed on the basis of one	9684
full year of service for the completion of each academic year.	9685

(L) The superintendent of the state school for the deaf and	9686
the superintendent of the state school for the blind shall,	9687
subject to the approval of the superintendent of public	9688
instruction, carry out both of the following:	9689

(1) Annually, between the first day of April and the last day	9690
of June, establish for the ensuing fiscal year a schedule of	9691
hourly rates for the compensation of each certificated employee on	9692
the instructional staff of that superintendent's respective school	9693
constructed as follows:	9694

(a) Determine for each level of training, experience, and	9695
other professional qualification for which an hourly rate is set	9696
forth in the current schedule, the per cent that rate is of the	9697
rate set forth in such schedule for a teacher with a bachelor's	9698
degree and no experience. If there is more than one such rate for	9699
such a teacher, the lowest rate shall be used to make the	9700
computation.	9701

(b) Determine which six city, local, and exempted village	9702
school districts with territory in Franklin county have in effect	9703
on, or have adopted by, the first day of April for the school year	9704
that begins on the ensuing first day of July, teacher salary	9705
schedules with the highest minimum salaries for a teacher with a	9706
bachelor's degree and no experience;	9707

(c) Divide the sum of such six highest minimum salaries by	9708
ten thousand five hundred sixty;	9709

(d) Multiply each per cent determined in division (L)(1)(a)	9710
of this section by the quotient obtained in division (L)(1)(c) of	9711
this section;	9712

(e) One hundred five per cent of each product thus obtained	9713
shall be the hourly rate for the corresponding level of training,	9714
experience, or other professional qualification in the schedule	9715
for the ensuing fiscal year.	9716

(2) Annually, assign each certificated employee on the	9717
instructional staff of the superintendent's respective school to	9718
an hourly rate on the schedule that is commensurate with the	9719
employee's training, experience, and other professional	9720
qualifications.	9721

If an employee is employed on the basis of an academic year,	9722
the employee's annual salary shall be calculated by multiplying	9723
the employee's assigned hourly rate times one thousand seven	9724
hundred sixty. If an employee is not employed on the basis of an	9725
academic year, the employee's annual salary shall be calculated in	9726
accordance with the following formula:	9727

(a) Multiply the number of days the employee is required to	9728
work pursuant to the employee's contract by eight;	9729

(b) Multiply the product of division (L)(2)(a) of this	9730
section by the employee's assigned hourly rate.	9731

Each employee shall be paid an annual salary in biweekly	9732
installments. The amount of each installment shall be calculated	9733
by dividing the employee's annual salary by the number of biweekly	9734
installments to be paid during the year.	9735

Sections 124.13 and 124.19 of the Revised Code do not apply	9736
to an employee who is paid under this division.	9737

As used in this division, "academic year" means the number of	9738
days in each school year that the schools are required to be open	9739
for instruction with pupils in attendance. Upon completing an	9740
academic year, an employee paid under this division shall be	9741
deemed to have completed one year of service. An employee paid	9742
under this division is eligible to receive a pay supplement under	9743
division (L)(1), (2), or (3) of section 124.181 of the Revised	9744
Code for which the employee qualifies, but is not eligible to	9745
receive a pay supplement under division (L)(4) or (5) of that	9746
section. An employee paid under this division is eligible to	9747
receive a pay supplement under division (L)(6) of section 124.181	9748
of the Revised Code for which the employee qualifies, except that	9749
the supplement is not limited to a maximum of five per cent of the	9750
employee's regular base salary in a calendar year.	9751

(M) Division (A) of this section does not apply to "exempt	9752
employees," as defined in section 124.152 of the Revised Code, who	9753
are paid under that section.	9754

Notwithstanding any other provisions of this chapter, when an	9755
employee transfers between bargaining units or transfers out of or	9756
into a bargaining unit, the director of administrative services	9757
shall establish the employee's compensation and adjust the maximum	9758
leave accrual schedule as the director deems equitable.	9759

Sec. 124.23. (A) All applicants for positions and places in	9760
the classified service shall be subject to examination, except for	9761
applicants for positions as professional or certified service and	9762
paraprofessional employees of county boards of developmental	9763
disabilities, who shall be hired in the manner provided in section	9764
124.241 of the Revised Code.	9765

(B) Any examination administered under this section shall be	9766
public and be open to all citizens of the United States and those	9767
persons who have legally declared their intentions of becoming	9768
United States citizens. For examinations administered for	9769
positions in the service of the state, the director of	9770
administrative services or the director's designee may determine	9771
certain limitations as to citizenship, age, experience, education,	9772
health, habit, and moral character.	9773

(C) Any person who has completed service in the uniformed	9774
services, who has been honorably discharged from the uniformed	9775
services or transferred to the reserve with evidence of	9776
satisfactory service, and who is a resident of this state and any	9777
member of the national guard or a reserve component of the armed	9778
forces of the United States who has completed more than one	9779
hundred eighty days of active duty service pursuant to an	9780
executive order of the president of the United States or an act of	9781
the congress of the United States may file with the director a	9782
certificate of service or honorable discharge, and, upon this	9783
filing, the person shall receive additional credit of twenty per	9784
cent of the person's total grade given in the ~~regular~~ examination	9785
in which the person receives a passing grade.	9786

As used in this division, "service in the uniformed services"	9787
and "uniformed services" have the same meanings as in the	9788
"Uniformed Services Employment and Reemployment Rights Act of	9789
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.	9790

(D) An examination may include an evaluation of such factors	9791
as education, training, capacity, knowledge, manual dexterity, and	9792
physical or psychological fitness. An examination shall consist of	9793
one or more tests in any combination. Tests may be written, oral,	9794
physical, demonstration of skill, or an evaluation of training and	9795
experiences and shall be designed to fairly test the relative	9796
capacity of the persons examined to discharge the particular	9797
duties of the position for which appointment is sought. Tests may	9798
include structured interviews, assessment centers, work	9799
simulations, examinations of knowledge, skills, and abilities, and	9800
any other acceptable testing methods. If minimum or maximum	9801
requirements are established for any examination, they shall be	9802
specified in the examination announcement.	9803

(E) Except as otherwise provided in sections 124.01 to 124.64	9804
of the Revised Code, when a position in the classified service of	9805
the state is to be filled, an examination shall be administered.	9806
The director of administrative services shall have control of all	9807
examinations administered for positions in the service of the	9808
state and all other examinations the director administers as	9809
provided in section 124.07 of the Revised Code, except as	9810
otherwise provided in sections 124.01 to 124.64 of the Revised	9811
Code. The director shall, by rule adopted under Chapter 119. of	9812
the Revised Code, prescribe the notification method that is to be	9813
used by an appointing authority to notify the director that a	9814
position in the classified service of the state is to be filled.	9815
In addition to the positions described in section 124.30 of the	9816
Revised Code, the director may, with sufficient justification from	9817
the appointing authority, allow the appointing authority to fill	9818
the position by noncompetitive examination. The director shall	9819
establish, by rule adopted under Chapter 119. of the Revised Code,	9820
standards that the director shall use to determine what serves as	9821
sufficient justification from an appointing authority to fill a	9822
position by noncompetitive examination.	9823

(F) No questions in any examination shall relate to political	9824
or religious opinions or affiliations. No credit for seniority,	9825
efficiency, or any other reason shall be added to an applicant's	9826
examination grade unless the applicant achieves at least the	9827
minimum passing grade on the examination without counting that	9828
extra credit.	9829

(G) Except as otherwise provided in sections 124.01 to 124.64	9830
of the Revised Code, the director of administrative services or	9831
the director's designee shall give reasonable notice of the time,	9832
place, and general scope of every competitive examination for	9833
appointment that the director or the director's designee	9834
administers for positions in the classified service of the state.	9835
The director or the director's designee shall ~~send written,~~	9836
~~printed, or electronic~~post notices via electronic media of every	9837
examination to be conducted for positions in the classified civil	9838
service of the state ~~to each agency of the type the director of~~	9839
~~job and family services specifies and, in the case of a county in~~	9840
~~which no such agency is located, to the clerk of the court of~~	9841
~~common pleas of that county and to the clerk of each city located~~	9842
~~within that county. Those notices shall be posted in conspicuous~~	9843
~~public places in the designated agencies or the courthouse, and~~	9844
~~city hall of the cities, of the counties in which no designated~~	9845
~~agency is located for at least two weeks~~. The electronic notice	9846
shall be posted on the director's internet site on the world wide	9847
web for a minimum of one week preceding any examination involved,	9848
~~and in a conspicuous place in the office of the director of~~	9849
~~administrative services for at least two weeks preceding any~~	9850
~~examination involved. In case of examinations limited by the~~	9851
~~director to a district, county, city, or department, the director~~	9852
~~shall provide by rule for adequate publicity of an examination in~~	9853
~~the district, county, city, or department within which competition~~	9854
~~is permitted~~.	9855

Sec. 124.231. (A) As used in this section, "legally blind	9856
person" means any person who qualifies as being blind under any	9857
Ohio or federal statute, or any rule adopted thereunder. As used	9858
in this section, "legally deaf person" means any person who	9859
qualifies as being deaf under any Ohio or federal statute, or any	9860
rule adopted thereunder.	9861

(B) ~~The~~When an examination is to be administered under	9862
sections 124.01 to 124.64 of the Revised Code, the director of	9863
administrative services or the director's designee shall whenever	9864
practicable arrange for special examinations to be administered to	9865
legally blind or legally deaf persons applying for ~~original~~	9866
~~appointments~~positions in the classified service to ensure that	9867
the abilities of such applicants are properly assessed and that	9868
such applicants are not subject to discrimination because they are	9869
legally blind or legally deaf persons.	9870

~~(C) The director may administer equitable programs for the~~	9871
~~employment of legally blind persons and legally deaf persons in~~	9872
~~the classified service.~~	9873

~~Nothing in this section shall be construed to prohibit the~~	9874
~~appointment of a legally blind or legally deaf person to a~~	9875
~~position in the classified service under the procedures otherwise~~	9876
~~provided in this chapter.~~	9877

Sec. 124.24. (A) Notwithstanding sections 124.01 to 124.64	9878
and Chapter 145. of the Revised Code, the examinations of	9879
applicants for the positions of deputy mine inspector,	9880
superintendent of rescue stations, assistant superintendent of	9881
rescue stations, electrical inspectors, ~~gas storage well~~	9882
~~inspector,~~ and mine chemists in the division of mineral resources	9883
management, department of natural resources, as provided in	9884
Chapters 1561., 1563., 1565., and 1567. of the Revised Code shall	9885
be provided for, conducted, and administered by the chief of the	9886
division of mineral resources management.	9887

From the returns of the examinations the chief shall prepare	9888
eligible lists of the persons whose general average standing upon	9889
examinations for such grade or class is not less than the minimum	9890
fixed by rules adopted under section 1561.05 of the Revised Code	9891
and who are otherwise eligible. All appointments to a position	9892
shall be made from ~~such~~that eligible list in the same manner as	9893
appointments are made from eligible lists prepared by the director	9894
of administrative services. Any person upon being appointed to	9895
fill one of the positions provided for in this ~~section~~division,	9896
from any such eligible list, shall have the same standing, rights,	9897
privileges, and status as other state employees in the classified	9898
service.	9899

(B) Notwithstanding sections 124.01 to 124.64 and Chapter	9900
145. of the Revised Code, the examinations of applicants for the	9901
position of gas storage well inspector in the division of oil and	9902
gas resources management, department of natural resources, as	9903
provided in Chapter 1571. of the Revised Code shall be provided	9904
for, conducted, and administered by the chief of the division of	9905
oil and gas resources management.	9906

From the returns of the examinations, the chief shall prepare	9907
an eligible list of the persons whose general average standing	9908
upon examinations for that position is not less than the minimum	9909
fixed by rules adopted under section 1571.014 of the Revised Code	9910
and who are otherwise eligible. An appointment to the position	9911
shall be made from that eligible list in the same manner as	9912
appointments are made from eligible lists prepared by the director	9913
of administrative services. Any person, upon being appointed to	9914
fill the position provided for in this division from any such	9915
eligible list, shall have the same standing, rights, privileges,	9916
and status as other state employees in the classified service.	9917

Sec. 124.25. The director of administrative services shall	9918
require persons applying for an examination for original	9919
appointment to file with the director or the director's designee,	9920
within reasonable time prior to the examination, a formal	9921
application, in which the applicant shall state the applicant's	9922
name, address, and such other information as may reasonably be	9923
required concerning the applicant's education and experience. No	9924
inquiry shall be made as to religious or political affiliations or	9925
as to racial or ethnic origin of the applicant, except as	9926
necessary to gather equal employment opportunity or other	9927
statistics that, when compiled, will not identify any specific	9928
individual.	9929

Blank forms for applications shall be furnished by the	9930
director or the director's designee without charge to any person	9931
requesting the same. The director or the director's designee may	9932
require in connection with such application such certificate of	9933
persons having knowledge of the applicant as the good of the	9934
service demands. The director or the director's designee may	9935
refuse to appoint or examine an applicant, or, after an	9936
examination, refuse to certify the applicant as eligible, who is	9937
found to lack any of the established preliminary requirements for	9938
the examination, who is addicted to the habitual use of	9939
intoxicating liquors or drugs to excess, who has a pattern of poor	9940
work habits and performance with previous employers, who has been	9941
convicted of a felony, who has been guilty of infamous or	9942
notoriously disgraceful conduct, who has been dismissed from	9943
either branch of the civil service for delinquency or misconduct,	9944
or who has made false statements of any material fact, or	9945
practiced, or attempted to practice, any deception or fraud in the	9946
application or examination, in establishing eligibility, or	9947
securing an appointment.	9948

Sec. 124.26. From the returns of the examinations, the	9949
director of administrative services or the director's designee	9950
shall prepare an eligible list of the persons whose general	9951
average standing upon examinations for the ~~grade or~~ class or	9952
position is not less than the minimum fixed by the rules of the	9953
director, and who are otherwise eligible. Those persons shall take	9954
rank upon the eligible list as candidates in the order of their	9955
relative excellence as determined by the examination without	9956
reference to priority of the time of examination. If two or more	9957
applicants receive the same mark in an open competitive	9958
examination, priority in the time of filing the application with	9959
the director or the director's designee shall determine the order	9960
in which their names shall be placed on the eligible list, except	9961
that applicants eligible for veteran's preference under section	9962
124.23 of the Revised Code shall receive priority in rank on the	9963
eligible list over nonveterans on the list with a rating equal to	9964
that of the veteran. Ties among veterans shall be decided by	9965
priority of filing the application. ~~If two or more applicants~~	9966
~~receive the same mark on a promotional examination, seniority~~	9967
~~shall determine the order in which their names shall be placed on~~	9968
~~the eligible list. The term of eligibility of each list shall be~~	9969
~~fixed by the director at not less than one or more than two years.~~	9970

~~When an eligible list is reduced to ten names or less, a new~~	9971
~~list may be prepared. The director may consolidate two or more~~	9972
~~eligible lists of the same kind by the rearranging of eligibles~~	9973
~~named in the lists, according to their grades~~. An eligible list	9974
expires upon the filling or closing of the position. An expired	9975
eligible list may be used to fill a position of the same	9976
classification within the same appointing authority for which the	9977
list was created. But, in no event shall an expired list be used	9978
more than one year past its expiration date.	9979

Sec. 124.27. (A) ~~The head of a department, office, or~~	9980
~~institution, in which a position in the classified service is to~~	9981
~~be filled, shall notify the director of administrative services of~~	9982
~~the fact, and the director shall, except as otherwise provided in~~	9983
~~this section and sections 124.30 and 124.31 of the Revised Code,~~	9984
~~certify to the appointing authority the names and addresses of the~~	9985
~~ten candidates standing highest on the eligible list for the class~~	9986
~~or grade to which the position belongs, except that the director~~	9987
~~may certify less than ten names if ten names are not available.~~	9988
~~When less than ten names are certified to an appointing authority,~~	9989
~~appointment from that list shall not be mandatory. When a position~~	9990
~~in the classified service in the department of mental health or~~	9991
~~the department of developmental disabilities is to be filled, the~~	9992
~~director of administrative services shall make such certification~~	9993
~~to the appointing authority within seven working days of the date~~	9994
~~the eligible list is requested.~~	9995

~~(B) The appointing authority shall notify the director of a~~	9996
~~position in the classified service to be filled, and the~~	9997
~~appointing authority shall fill the vacant position by appointment~~	9998
~~of one of the ten persons certified by the director. If more than~~	9999
~~one position is to be filled, the director may certify a group of~~	10000
~~names from the eligible list, and the appointing authority shall~~	10001
~~appoint in the following manner: beginning at the top of the list,~~	10002
~~each time a selection is made, it must be from one of the first~~	10003
~~ten candidates remaining on the list who is willing to accept~~	10004
~~consideration for the position. If an eligible list becomes~~	10005
~~exhausted, and until a new list can be created, or when no~~	10006
~~eligible list for a position exists, names may be certified from~~	10007
~~eligible lists most appropriate for the group or class in which~~	10008
~~the position to be filled is classified. A person who is certified~~	10009
~~from an eligible list more than three times to the same appointing~~	10010
~~authority for the same or similar positions may be omitted from~~	10011
~~future certification to that appointing authority, provided that~~	10012
~~certification for a temporary appointment shall not be counted as~~	10013
~~one of those certifications. Every person who qualifies for~~	10014
~~veteran's preference under section 124.23 of the Revised Code, who~~	10015
~~is a resident of this state, and whose name is on the eligible~~	10016
~~list for a position shall be entitled to preference in original~~	10017
~~appointments to any such competitive position in the civil service~~	10018
~~of the state and its civil divisions over all other persons~~	10019
~~eligible for those appointments and standing on the relevant~~	10020
~~eligible list with a rating equal to that of the person qualifying~~	10021
~~for veteran's preference.~~ Appointments to all positions in the	10022
classified service, that are not filled by promotion, transfer, or	10023
reduction, as provided in sections 124.01 to 124.64 of the Revised	10024
Code and the rules of the director prescribed under those	10025
sections, shall be made only from those persons whose names ~~are~~	10026
~~certified to the appointing authority~~take rank order on an	10027
eligible list, and no employment, except as provided in those	10028
sections, shall be otherwise given in the classified service of	10029
this state or any political subdivision of the state. The	10030
appointing authority shall appoint in the following manner: each	10031
time a selection is made, it shall be from one of the names that	10032
ranks in the top twenty-five per cent of the eligible list. But,	10033
in the event that ten or fewer names are on the eligible list, the	10034
appointing authority may select any of the listed candidates. Each	10035
person who qualifies for the veteran's preference under section	10036
124.23 of the Revised Code, who is a resident of this state, and	10037
whose name is on the eligible list for a position is entitled to	10038
preference in original appointment to any such competitive	10039
position in the civil service of the state and its civil divisions	10040
over all other persons who are eligible for those appointments and	10041
who are standing on the relevant eligible list with a rating equal	10042
to that of the person qualifying for the veteran's preference.	10043

~~(C)~~(B) All original and promotional appointments, including	10044
appointments made pursuant to section 124.30 of the Revised Code,	10045
but not intermittent appointments, shall be for a probationary	10046
period, not less than sixty days nor more than one year, to be	10047
fixed by the rules of the director, except as provided in section	10048
124.231 of the Revised Code, and except for original appointments	10049
to a police department as a police officer or to a fire department	10050
as a firefighter which shall be for a probationary period of one	10051
year. No appointment or promotion is final until the appointee has	10052
satisfactorily served the probationary period. If the service of	10053
the probationary employee is unsatisfactory, the employee may be	10054
removed or reduced at any time during the probationary period. If	10055
the appointing authority decides to remove a probationary employee	10056
in the service of the state, the appointing authority shall	10057
communicate the removal to the director ~~the reason for that~~	10058
~~decision~~. A probationary employee duly removed or reduced in	10059
position for unsatisfactory service does not have the right to	10060
appeal the removal or reduction under section 124.34 of the	10061
Revised Code.	10062

Sec. 124.31. ~~(A)~~ Vacancies in positions in the classified	10063
service of the state shall be filled insofar as practicable by	10064
promotions. The director of administrative services shall provide	10065
in the director's rules for keeping a record of efficiency for	10066
each employee in the classified civil service of the state, and	10067
for making promotions in the classified civil service of the state	10068
on the basis of merit~~, to be ascertained insofar as practicable by~~	10069
~~promotional examinations,~~and by conduct and capacity in office,	10070
~~and by seniority in service. The director shall provide that~~	10071
~~vacancies in positions in the classified civil service of the~~	10072
~~state shall be filled by promotion in all cases where, in the~~	10073
~~judgment of the director, it is for the best interest of the~~	10074
~~service. The director's rules shall authorize each appointing~~	10075
~~authority of a county to develop and administer in a manner it~~	10076
~~devises, an evaluation system for the employees it appoints.~~	10077

~~(B) All examinations for promotions shall be competitive and~~	10078
~~may be conducted in the same manner as examinations described in~~	10079
~~section 124.23 of the Revised Code. In promotional examinations,~~	10080
~~seniority in service shall be added to the examination grade, but~~	10081
~~no credit for seniority or any other reason shall be added to an~~	10082
~~examination grade unless the applicant achieves at least the~~	10083
~~minimum passing score on the examination without counting that~~	10084
~~extra credit. Credit for seniority shall equal, for the first four~~	10085
~~years of service, one per cent of the total grade attainable in~~	10086
~~the promotion examination, and, for each of the fifth through~~	10087
~~fourteenth years of service, six-tenths per cent of the total~~	10088
~~grade attainable.~~	10089

~~In all cases where vacancies are to be filled by promotion,~~	10090
~~the director shall certify to the appointing authority the names~~	10091
~~of the three persons having the highest rating on the eligible~~	10092
~~list. The method of examination for promotions, the manner of~~	10093
~~giving notice of the examination, and the rules governing it shall~~	10094
~~be in general the same as those provided for original~~	10095
~~examinations, except as otherwise provided in sections 124.01 to~~	10096
~~124.64 of the Revised Code~~.	10097

Sec. 124.34. (A) The tenure of every officer or employee in	10098
the classified service of the state and the counties, civil	10099
service townships, cities, city health districts, general health	10100
districts, and city school districts of the state, holding a	10101
position under this chapter, shall be during good behavior and	10102
efficient service. No officer or employee shall be reduced in pay	10103
or position, fined, suspended, or removed, or have the officer's	10104
or employee's longevity reduced or eliminated, except as provided	10105
in section 124.32 of the Revised Code, and for incompetency,	10106
inefficiency, dishonesty, drunkenness, immoral conduct,	10107
insubordination, discourteous treatment of the public, neglect of	10108
duty, violation of any policy or work rule of the officer's or	10109
employee's appointing authority, violation of this chapter or the	10110
rules of the director of administrative services or the	10111
commission, any other failure of good behavior, any other acts of	10112
misfeasance, malfeasance, or nonfeasance in office, or conviction	10113
of a felony. The denial of a one-time pay supplement or a bonus to	10114
an officer or employee is not a reduction in pay for purposes of	10115
this section.	10116

This section does not apply to any modifications or	10117
reductions in pay or work week authorized by division (Q) of	10118
section 124.181 or section 124.392 or, 124.393, or 124.394 of the	10119
Revised Code.	10120

An appointing authority may require an employee who is	10121
suspended to report to work to serve the suspension. An employee	10122
serving a suspension in this manner shall continue to be	10123
compensated at the employee's regular rate of pay for hours	10124
worked. The disciplinary action shall be recorded in the	10125
employee's personnel file in the same manner as other disciplinary	10126
actions and has the same effect as a suspension without pay for	10127
the purpose of recording disciplinary actions.	10128

A finding by the appropriate ethics commission, based upon a	10129
preponderance of the evidence, that the facts alleged in a	10130
complaint under section 102.06 of the Revised Code constitute a	10131
violation of Chapter 102., section 2921.42, or section 2921.43 of	10132
the Revised Code may constitute grounds for dismissal. Failure to	10133
file a statement or falsely filing a statement required by section	10134
102.02 of the Revised Code may also constitute grounds for	10135
dismissal. The tenure of an employee in the career professional	10136
service of the department of transportation is subject to section	10137
5501.20 of the Revised Code.	10138

Conviction of a felony is a separate basis for reducing in	10139
pay or position, suspending, or removing an officer or employee,	10140
even if the officer or employee has already been reduced in pay or	10141
position, suspended, or removed for the same conduct that is the	10142
basis of the felony. An officer or employee may not appeal to the	10143
state personnel board of review or the commission any disciplinary	10144
action taken by an appointing authority as a result of the	10145
officer's or employee's conviction of a felony. If an officer or	10146
employee removed under this section is reinstated as a result of	10147
an appeal of the removal, any conviction of a felony that occurs	10148
during the pendency of the appeal is a basis for further	10149
disciplinary action under this section upon the officer's or	10150
employee's reinstatement.	10151

A person convicted of a felony immediately forfeits the	10152
person's status as a classified employee in any public employment	10153
on and after the date of the conviction for the felony. If an	10154
officer or employee is removed under this section as a result of	10155
being convicted of a felony or is subsequently convicted of a	10156
felony that involves the same conduct that was the basis for the	10157
removal, the officer or employee is barred from receiving any	10158
compensation after the removal notwithstanding any modification or	10159
disaffirmance of the removal, unless the conviction for the felony	10160
is subsequently reversed or annulled.	10161

Any person removed for conviction of a felony is entitled to	10162
a cash payment for any accrued but unused sick, personal, and	10163
vacation leave as authorized by law. If subsequently reemployed in	10164
the public sector, the person shall qualify for and accrue these	10165
forms of leave in the manner specified by law for a newly	10166
appointed employee and shall not be credited with prior public	10167
service for the purpose of receiving these forms of leave.	10168

As used in this division, "felony" means any of the	10169
following:	10170

(1) A felony that is an offense of violence as defined in	10171
section 2901.01 of the Revised Code;	10172

(2) A felony that is a felony drug abuse offense as defined	10173
in section 2925.01 of the Revised Code;	10174

(3) A felony under the laws of this or any other state or the	10175
United States that is a crime of moral turpitude;	10176

(4) A felony involving dishonesty, fraud, or theft;

10177

(5) A felony that is a violation of section 2921.05, 2921.32,	10178
or 2921.42 of the Revised Code.	10179

(B) In case of a reduction, a suspension of more than forty	10180
work hours in the case of an employee exempt from the payment of	10181
overtime compensation, a suspension of more than twenty-four work	10182
hours in the case of an employee required to be paid overtime	10183
compensation, a fine of more than forty hours' pay in the case of	10184
an employee exempt from the payment of overtime compensation, a	10185
fine of more than twenty-four hours' pay in the case of an	10186
employee required to be paid overtime compensation, or removal,	10187
except for the reduction or removal of a probationary employee,	10188
the appointing authority shall serve the employee with a copy of	10189
the order of reduction, fine, suspension, or removal, which order	10190
shall state the reasons for the action.	10191

Within ten days following the date on which the order is	10192
served or, in the case of an employee in the career professional	10193
service of the department of transportation, within ten days	10194
following the filing of a removal order, the employee, except as	10195
otherwise provided in this section, may file an appeal of the	10196
order in writing with the state personnel board of review or the	10197
commission. For purposes of this section, the date on which an	10198
order is served is the date of hand delivery of the order or the	10199
date of delivery of the order by certified United States mail,	10200
whichever occurs first. If an appeal is filed, the board or	10201
commission shall forthwith notify the appointing authority and	10202
shall hear, or appoint a trial board to hear, the appeal within	10203
thirty days from and after its filing with the board or	10204
commission. The board, commission, or trial board may affirm,	10205
disaffirm, or modify the judgment of the appointing authority.	10206
However, in an appeal of a removal order based upon a violation of	10207
a last chance agreement, the board, commission, or trial board may	10208
only determine if the employee violated the agreement and thus	10209
affirm or disaffirm the judgment of the appointing authority.	10210

In cases of removal or reduction in pay for disciplinary	10211
reasons, either the appointing authority or the officer or	10212
employee may appeal from the decision of the state personnel board	10213
of review or the commission, and any such appeal shall be to the	10214
court of common pleas of the county in which the appointing	10215
authority is located, or to the court of common pleas of Franklin	10216
county, as provided by section 119.12 of the Revised Code.	10217

(C) In the case of the suspension for any period of time, or	10218
a fine, demotion, or removal, of a chief of police, a chief of a	10219
fire department, or any member of the police or fire department of	10220
a city or civil service township, who is in the classified civil	10221
service, the appointing authority shall furnish the chief or	10222
member with a copy of the order of suspension, fine, demotion, or	10223
removal, which order shall state the reasons for the action. The	10224
order shall be filed with the municipal or civil service township	10225
civil service commission. Within ten days following the filing of	10226
the order, the chief or member may file an appeal, in writing,	10227
with the commission. If an appeal is filed, the commission shall	10228
forthwith notify the appointing authority and shall hear, or	10229
appoint a trial board to hear, the appeal within thirty days from	10230
and after its filing with the commission, and it may affirm,	10231
disaffirm, or modify the judgment of the appointing authority. An	10232
appeal on questions of law and fact may be had from the decision	10233
of the commission to the court of common pleas in the county in	10234
which the city or civil service township is situated. The appeal	10235
shall be taken within thirty days from the finding of the	10236
commission.	10237

(D) A violation of division (A)(7) of section 2907.03 of the	10238
Revised Code is grounds for termination of employment of a	10239
nonteaching employee under this section.	10240

(E) As used in this section, "last chance agreement" means an	10241
agreement signed by both an appointing authority and an officer or	10242
employee of the appointing authority that describes the type of	10243
behavior or circumstances that, if it occurs, will automatically	10244
lead to removal of the officer or employee without the right of	10245
appeal to the state personnel board of review or the appropriate	10246
commission.	10247

Sec. 124.393. (A) As used in this section:

10248

(1) "~~County exempt~~Exempt employee" means a permanent	10249
full-time or permanent part-time county, township, or municipal	10250
corporation employee who is not subject to a collective bargaining	10251
agreement between a public employer and an exclusive	10252
representative.	10253

(2) "Fiscal emergency" means any of the following:

10254

(a) A fiscal emergency declared by the governor under section	10255
126.05 of the Revised Code.	10256

(b) A fiscal watch or fiscal emergency has been declared or	10257
determined under section 118.023 or 118.04 of the Revised Code.	10258

(c) Lack of funds as defined in section 124.321 of the	10259
Revised Code.	10260

~~(c)~~(d) Reasons of economy as described in section 124.321 of	10261
the Revised Code.	10262

(B)(1) A county, township, or municipal corporation	10263
appointing authority may establish a mandatory cost savings	10264
program applicable to its ~~county~~ exempt employees. Each ~~county~~	10265
exempt employee shall participate in the program of mandatory cost	10266
savings for not more than eighty hours, as determined by the	10267
appointing authority, in each of state fiscal years 2010 ~~and 2011~~	10268
to 2013. The program may include, but is not limited to, a loss of	10269
pay or loss of holiday pay. The program may be administered	10270
differently among employees based on their classifications,	10271
appointment categories, or other relevant distinctions.	10272

(2) After June 30, ~~2011~~2013, a county, township, or	10273
municipal corporation appointing authority may implement mandatory	10274
cost savings days as described in division (B)(1) of this section	10275
that apply to its ~~county~~ exempt employees in the event of a fiscal	10276
emergency.	10277

(C) A county, township, or municipal corporation appointing	10278
authority shall issue guidelines concerning how the appointing	10279
authority will implement the cost savings program.	10280

Sec. 124.394. (A) As used in this section:

10281

(1) "Exempt employee" means a permanent full-time or	10282
permanent part-time county employee , township, or municipal	10283
corporation who is not subject to a collective bargaining	10284
agreement between a public employer and an exclusive	10285
representative.	10286

(2) "Fiscal emergency" means any of the following:

10287

(a) A fiscal emergency declared by the governor under section	10288
126.05 of the Revised Code.	10289

(b) A fiscal watch or a fiscal emergency declared or	10290
determined by the auditor of state under section 118.023 or 118.04	10291
of the Revised Code.	10292

(c) Lack of funds as defined in section 124.321 of the	10293
Revised Code.	10294

(d) Reasons of economy as described in section 124.321 of the	10295
Revised Code.	10296

(B) A county, township, or municipal corporation appointing	10297
authority may establish a modified work week schedule program	10298
applicable to its exempt employees. Each exempt employee shall	10299
participate in any established modified work week schedule program	10300
in each of state fiscal years 2012 and 2013. The program may	10301
provide for a reduction from the usual number of hours worked	10302
during a week by exempt employees immediately before the	10303
establishment of the program by the appointing authority. The	10304
reduction in hours may include any number of hours so long as the	10305
reduction is not more than fifty per cent of the usual hours	10306
worked by exempt employees immediately before the establishment of	10307
the program. The program may be administered differently among	10308
employees based on classifications, appointment categories, or	10309
other relevant distinctions.	10310

(C) After June 30, 2013, a county, township, or municipal	10311
corporation appointing authority may implement a modified work	10312
week schedule program as described in division (B) of this section	10313
that applies to its exempt employees in the event of a fiscal	10314
emergency.	10315

Sec. 125.021. (A) Except as to the military department, the	10316
general assembly, the capitol square review advisory board, the	10317
bureau of workers' compensation, the industrial commission, and	10318
institutions administered by boards of trustees, the department of	10319
administrative services may contract for telephone, other	10320
telecommunication, and computer services for state agencies.	10321
Nothing in this division precludes the bureau or the commission	10322
from contracting with the department to authorize the department	10323
to contract for those services for the bureau or the commission.	10324

(B)(1) As used in this division:

10325

(a) "Active duty" means active duty pursuant to an executive	10326
order of the president of the United States, an act of the	10327
congress of the United States, or section 5919.29 or 5923.21 of	10328
the Revised Code.	10329

(b) "Immediate family" means a person's spouse residing in	10330
the person's household, brothers and sisters of the whole or of	10331
the half blood, children, including adopted children and	10332
stepchildren, parents, and grandparents.	10333

(2) The department of administrative services may enter into	10334
a contract to purchase bulk long distance telephone services and	10335
make them available at cost, or may make bulk long distance	10336
telephone services available at cost under any existing contract	10337
the department has entered into, to members of the immediate	10338
family of persons deployed on active duty so that those family	10339
members can communicate with the persons so deployed. If the	10340
department enters into contracts under division (B)(2) of this	10341
section, it shall do so in accordance with sections 125.01 to	10342
125.11 of the Revised Code and in a nondiscriminatory manner that	10343
does not place any potential vendor at a competitive disadvantage.	10344

(3) If the department decides to exercise either option under	10345
division (B)(2) of this section, it shall adopt, and may amend,	10346
rules under Chapter 119. of the Revised Code to implement that	10347
division.	10348

Sec. 125.024. (A) If the department of mental health provides	10349
the goods and services described in division (C)(3) of section	10350
5119.16 of the Revised Code to the persons and government entities	10351
described in that section, the department of administrative	10352
services shall issue a request for proposals for the purpose of	10353
determining whether such goods and services could be provided by a	10354
vendor, on behalf of the department of mental health, in a manner	10355
that achieves greater operational efficiencies and savings to the	10356
state than those that could be achieved if the department of	10357
mental health provides the goods and services itself. The request	10358
for proposals must be issued not later than sixty days after the	10359
effective date of this section.	10360

(B) Before issuing a request for proposals under division (A)	10361
of this section, the department of administrative services shall	10362
develop a process to be used in issuing the request for proposals,	10363
receiving responses to the request, and evaluating responses on a	10364
competitive basis.	10365

(C) If the department of administrative services determines,	10366
from a review of the proposals submitted through the process	10367
described in division (B) of this section, that a vendor is able	10368
to provide the goods and services described in division (C)(3) of	10369
section 5119.16 of the Revised Code in the manner described in	10370
division (A) of this section, the department shall enter into a	10371
contract with the vendor for the provision of such goods and	10372
services.	10373

(D) The department of administrative services shall adopt	10374
rules in accordance with Chapter 119. of the Revised Code to	10375
implement this section. At a minimum, the rules must specify the	10376
duration of a contract entered into under division (C) of this	10377
section and a process for issuing subsequent requests for	10378
proposals, receiving responses to such requests, and evaluating	10379
the responses on a competitive basis.	10380

Sec. 125.15. All state agencies required to secure any	10381
equipment, materials, supplies, or services from the department of	10382
administrative services shall make acquisition in the manner and	10383
upon forms prescribed by the director of administrative services	10384
and shall reimburse the department for the equipment, materials,	10385
supplies, or services, including a reasonable sum to cover the	10386
department's administrative costs and costs relating to energy	10387
efficiency and conservation programs, whenever reimbursement is	10388
required by the department. The money so paid shall be deposited	10389
in the state treasury to the credit of the general services fund	10390
or, the information technology fund, or the information technology	10391
governance fund, as appropriate. Those funds are hereby created.	10392

Sec. 125.18. (A) There is hereby established the office of	10393
information technology within the department of administrative	10394
services. The office shall be under the supervision of a state	10395
chief information officer to be appointed by the director of	10396
administrative services and subject to removal at the pleasure of	10397
the director. The chief information officer is an assistant	10398
director of administrative services.	10399

(B) Under the direction of the director of administrative	10400
services, the state chief information officer shall lead, oversee,	10401
and direct state agency activities related to information	10402
technology development and use. In that regard, the state chief	10403
information officer shall do all of the following:	10404

(1) Coordinate and superintend statewide efforts to promote	10405
common use and development of technology by state agencies. The	10406
office of information technology shall establish policies and	10407
standards that govern and direct state agency participation in	10408
statewide programs and initiatives.	10409

(2) Establish policies and standards for the acquisition and	10410
use of common information technology by state agencies, including,	10411
but not limited to, hardware, software, technology services, and	10412
security, and the extension of the service life of information	10413
technology systems, with which state agencies shall comply;	10414

(3) Establish criteria and review processes to identify state	10415
agency information technology projects or purchases that require	10416
alignment or oversight. As appropriate, the department of	10417
administrative services shall provide the governor and the	10418
director of budget and management with notice and advice regarding	10419
the appropriate allocation of resources for those projects. The	10420
state chief information officer may require state agencies to	10421
provide, and may prescribe the form and manner by which they must	10422
provide, information to fulfill the state chief information	10423
officer's alignment and oversight role;	10424

(4) Establish policies and procedures for the security of	10425
personal information that is maintained and destroyed by state	10426
agencies;	10427

(5) Employ a chief information security officer who is	10428
responsible for the implementation of the policies and procedures	10429
described in division (B)(4) of this section and for coordinating	10430
the implementation of those policies and procedures in all of the	10431
state agencies;	10432

(6) Employ a chief privacy officer who is responsible for	10433
advising state agencies when establishing policies and procedures	10434
for the security of personal information and developing education	10435
and training programs regarding the state's security procedures;	10436

(7) Establish policies on the purchasing, use, and	10437
reimbursement for use of handheld computing and telecommunications	10438
devices by state agency employees;	10439

(8) Establish policies for the reduction of printing and the	10440
use of electronic records by state agencies;	10441

(9) Establish policies for the reduction of energy	10442
consumption by state agencies;	10443

(10) Compute the amount of revenue attributable to the	10444
amortization of all equipment purchases and capitalized systems	10445
from information technology service delivery and major information	10446
technology purchases operating appropriation items and major	10447
computer purchases capital appropriation items that is recovered	10448
as part of the information technology services rates the	10449
department of administrative services charges and deposits into	10450
the information technology fund created in section 125.15 of the	10451
Revised Code.	10452

(C)(1) The chief information security officer shall assist	10453
each state agency with the development of an information	10454
technology security strategic plan and review that plan, and each	10455
state agency shall submit that plan to the state chief information	10456
officer. The chief information security officer may require that	10457
each state agency update its information technology security	10458
strategic plan annually as determined by the state chief	10459
information officer.	10460

(2) Prior to the implementation of any information technology	10461
data system, a state agency shall prepare or have prepared a	10462
privacy impact statement for that system.	10463

(D) When a state agency requests a purchase of information	10464
technology supplies or services under Chapter 125. of the Revised	10465
Code, the state chief information officer may review and reject	10466
the requested purchase for noncompliance with information	10467
technology direction, plans, policies, standards, or	10468
project-alignment criteria.	10469

(E) The office of information technology may operate	10470
technology services for state agencies in accordance with this	10471
chapter.	10472

(F) With the approval of the director of administrative	10473
services, the office of information technology may establish	10474
cooperative agreements with federal and local government agencies	10475
and state agencies that are not under the authority of the	10476
governor for the provision of technology services and the	10477
development of technology projects.	10478

(G) The office of information technology may operate a	10479
program to make information technology purchases. The director of	10480
administrative services may recover the cost of operating the	10481
program from all participating government entities by issuing	10482
intrastate transfer voucher billings for the procured technology	10483
or through any pass-through billing method agreed to by the	10484
director of administrative services, the director of budget and	10485
management, and the participating government entities that will	10486
receive the procured technology.	10487

If the director of administrative services chooses to recover	10488
the program costs through intrastate transfer voucher billings,	10489
the participating government entities shall process the intrastate	10490
transfer vouchers to pay for the cost. Amounts received under this	10491
section for the information technology purchase program shall be	10492
deposited to the credit of the information technology governance	10493
fund created in section 125.15 of the Revised Code.	10494

(H) Upon request from the director of administrative	10495
services, the director of budget and management may transfer cash	10496
from the information technology fund created in section 125.15 of	10497
the Revised Code to the major information technology purchases	10498
fund in an amount not to exceed the amount computed under division	10499
(B)(10) of this section. The major information technology	10500
purchases fund is hereby created in the state treasury.	10501

(I) As used in this section:

10502

(1) "Personal information" has the same meaning as in section	10503
149.45 of the Revised Code.	10504

(2) "State agency" means every organized body, office, or	10505
agency established by the laws of the state for the exercise of	10506
any function of state government, other than any state-supported	10507
institution of higher education, the office of the auditor of	10508
state, treasurer of state, secretary of state, or attorney	10509
general, the adjutant general's department, the bureau of workers'	10510
compensation, the industrial commission, the public employees	10511
retirement system, the Ohio police and fire pension fund, the	10512
state teachers retirement system, the school employees retirement	10513
system, the state highway patrol retirement system, the general	10514
assembly or any legislative agency, the capitol square review	10515
advisory board, or the courts or any judicial agency.	10516

Sec. 125.182. The office of information technology, by itself	10517
or by contract with another entity, shall establish, operate, and	10518
maintain a state public notice web site. In establishing,	10519
maintaining, and operating the state public notice web site, the	10520
office of information technology shall:	10521

(A) Use a domain name for the web site that will be easily	10522
recognizable and remembered by and understandable to users of the	10523
web site;	10524

(B) Maintain the web site so that it is fully accessible to	10525
and searchable by members of the public at all times;	10526

(C) Not charge a fee to a person who accesses, searches, or	10527
otherwise uses the web site;	10528

(D) Not charge a fee to a state agency or political	10529
subdivision for publishing a notice on the web site;	10530

(E) Ensure that notices displayed on the web site conform to	10531
the requirements that would apply to the notices if they were	10532
being published in a newspaper, as directed in section 7.16 of the	10533
Revised Code or in the relevant provision of the statute or rule	10534
that requires the notice;	10535

(F) Ensure that notices continue to be displayed on the web	10536
site for not less than the length of time required by the relevant	10537
provision of the statute or rule that requires the notice;	10538

(G) Devise and display on the web site a form that may be	10539
downloaded and used to request publication of a notice on the web	10540
site;	10541

(H) Enable responsible parties to submit notices and requests	10542
for their publication;	10543

(I) Maintain an archive of notices that no longer are	10544
displayed on the web site;	10545

(J) Enable notices, both those currently displayed and those	10546
archived, to be accessed by key word, by party name, by case	10547
number, by county, and by other useful identifiers;	10548

(K) Maintain adequate systemic security and backup features,	10549
and develop and maintain a contingency plan for coping with and	10550
recovering from power outages, systemic failures, and other	10551
unforeseeable difficulties;	10552

(L) Maintain the web site in such a manner that it will not	10553
infringe legally protected interests, so that vulnerability of the	10554
web site to interruption because of litigation or the threat of	10555
litigation is reduced; and	10556

(M) Submit a status report to the secretary of state twice	10557
annually that demonstrates compliance with statutory requirements	10558
governing publication of notices.	10559

The office of information technology shall bear the expense	10560
of maintaining the state public notice web site domain name.	10561

Sec. 125.213. There is hereby created the state employee	10562
child support fund. The fund shall be in the custody of the	10563
treasurer of state, but shall not be part of the state treasury.	10564
The fund shall consist of all money withheld or deducted from	10565
salaries and wages of state officials and employees pursuant to a	10566
withholding or deduction notice described in section 3121.03 of	10567
the Revised Code for forwarding to the office of child support in	10568
the department of job and family services pursuant to section	10569
3121.19 of the Revised Code. All money in the fund, including	10570
investment earnings thereon, shall be used only for the following	10571
purposes:	10572

(A) Forwarding to the office of child support money withheld	10573
or deducted from salaries and wages of state officials and	10574
employees pursuant to a withholding or deduction notice described	10575
in section 3121.03 of the Revised Code;	10576

(B) Paying any direct or indirect costs associated with	10577
maintaining the fund.	10578

Sec. 125.28. (A)(1) Each state agency that is supported in	10579
whole or in part by nongeneral revenue fund money and that	10580
occupies space in the James A. Rhodes or Frank J. Lausche state	10581
office tower, Toledo government center, Senator Oliver R. Ocasek	10582
government office building, Vern Riffe center for government and	10583
the arts, ~~state of Ohio computer center,~~ capitol square, or	10584
governor's mansion shall reimburse the general revenue fund for	10585
the cost of occupying the space in the ratio that the occupied	10586
space in each facility attributable to the nongeneral revenue fund	10587
money bears to the total space occupied by the state agency in the	10588
facility.	10589

(2) All agencies that occupy space in the old blind school or	10590
that occupy warehouse space in the general services facility shall	10591
reimburse the department of administrative services for the cost	10592
of occupying the space. The director of administrative services	10593
shall determine the amount of debt service, if any, to be charged	10594
to building tenants and shall collect reimbursements for it.	10595

(3) Each agency that is supported in whole or in part by	10596
nongeneral revenue fund money and that occupies space in any other	10597
facility or facilities owned and maintained by the department of	10598
administrative services or space in the general services facility	10599
other than warehouse space shall reimburse the department for the	10600
cost of occupying the space, including debt service, if any, in	10601
the ratio that the occupied space in each facility attributable to	10602
the nongeneral revenue fund money bears to the total space	10603
occupied by the state agency in the facility.	10604

(B) The director of administrative services may provide	10605
building maintenance services and skilled trades services to any	10606
state agency occupying space in a facility that is not owned by	10607
the department of administrative services and may collect	10608
reimbursements for the cost of providing those services.	10609

(C) All money collected by the department of administrative	10610
services for operating expenses of facilities owned or maintained	10611
by the department shall be deposited into the state treasury to	10612
the credit of the building management fund, which is hereby	10613
created. All money collected by the department for skilled trades	10614
services shall be deposited into the state treasury to the credit	10615
of the skilled trades fund, which is hereby created. All money	10616
collected for debt service shall be deposited into the general	10617
revenue fund.	10618

(D) The director of administrative services shall determine	10619
the reimbursable cost of space in state-owned or state-leased	10620
facilities and shall collect reimbursements for that cost.	10621

Sec. 125.89. Subject to the approval of the governor, the	10622
department of administrative services may enter into contracts,	10623
compacts, and cooperative agreements for and on behalf of the	10624
state of Ohio with the several states or the federal government,	10625
singularly or severally, in order to provide, with or without	10626
reimbursement, for the utilization by and exchange between them,	10627
singularly or severally, of property, facilities, personnel, and	10628
services of each by the other, and, for the same purpose, to enter	10629
into contracts and cooperative agreements with eligible public or	10630
private state or local authorities, institutions, organizations,	10631
or activities. ~~The department shall make, annually, a report of~~	10632
~~its actions under sections 125.84 to 125.90 of the Revised Code,~~	10633
~~in accordance with section 149.01 of the Revised Code, and file~~	10634
~~such report with the general assembly.~~	10635

Sec. 126.021. Whenever, pursuant to section 126.06 of the	10636
Revised Code, the department of ~~administrative services~~commerce	10637
files with the director of budget and management its estimate of	10638
proposed expenditures for the succeeding biennium, the department	10639
shall request, and the director of budget and management shall	10640
approve the request for, the following general revenue fund	10641
appropriations for operating the construction compliance section	10642
~~of the equal employment opportunity office~~ of the department of	10643
~~administrative services~~commerce:	10644

(A) For the first fiscal year of the biennium, an	10645
appropriation equal to fifty-three one-thousandths of one per cent	10646
of the total new capital appropriations provided for in the most	10647
recently enacted main capital appropriations act;	10648

(B) For the second fiscal year of the biennium, an	10649
appropriation equal to the amount computed under division (A) of	10650
this section, adjusted for anticipated changes in operating costs	10651
based upon the inflation/deflation factor used by the director of	10652
budget and management for that fiscal year.	10653

The amounts of the appropriations requested pursuant to	10654
divisions (A) and (B) of this section shall be in addition to the	10655
amounts provided for staff in the construction compliance section	10656
as of January 1, 1988.	10657

Sec. 126.10. No certificate of participation or any similar	10658
debt instrument may be obtained or entered into by the state	10659
without the prior approval of the general assembly.	10660

Sec. 126.12. (A)(1) The office of budget and management	10661
shall prepare and administer a statewide indirect cost allocation	10662
plan that provides for the recovery of statewide indirect costs	10663
from any fund of the state. The director of budget and management	10664
may make transfers of statewide indirect costs from the	10665
appropriate fund of the state to the general revenue fund on an	10666
intrastate transfer voucher. The director, for reasons of sound	10667
financial management, also may waive the recovery of statewide	10668
indirect costs. Prior to making a transfer in accordance with this	10669
division, the director shall notify the affected agency of the	10670
amounts to be transferred.	10671

(2) To support development and upgrade costs to the state's	10672
enterprise resource planning system, the director also may make	10673
transfers of statewide indirect costs attributable to debt service	10674
paid for the system to the OAKS support organization fund created	10675
in section 126.24 of the Revised Code. Transfers may be made from	10676
either of the following:	10677

(a) The appropriate fund of the state;

10678

(b) The general revenue fund, if the statewide indirect costs	10679
have been collected under division (A)(1) of this section and	10680
deposited in the general revenue fund.	10681

(B) As used in this section, "statewide indirect costs" means	10682
operating costs incurred by an agency in providing services to any	10683
other agency, for which there was no billing to such other agency	10684
for the services provided, and for which disbursements have been	10685
made from the general revenue fund or other funds.	10686

(C) Notwithstanding any provision of law to the contrary, in	10687
order to reduce the payment of adjustments to the federal	10688
government as determined under the plan prepared under division	10689
(A)(1) of this section, the director of budget and management	10690
shall, on or before the first day of September each fiscal year,	10691
designate such funds of the state as the director considers	10692
necessary to retain their own interest earnings.	10693

Sec. 126.141. Any request for release of capital	10694
appropriations by the director of budget and management or the	10695
controlling board for facilities projects shall contain a	10696
contingency reserve, the amount of which shall be determined by	10697
the public authority, for payment of unanticipated project	10698
expenses. Any amount deducted from the encumbrance for a	10699
contractor's contract as an assessment for liquidated damages	10700
shall be added to the encumbrance for the contingency reserve.	10701
Contingency reserve funds shall be used to pay costs resulting	10702
from unanticipated job conditions, to comply with rulings	10703
regarding building and other codes, to pay costs related to	10704
errors, omissions, or other deficiencies in contract documents, to	10705
pay costs associated with changes in the scope of work, to pay	10706
interest due on late payments, and to pay the costs of settlements	10707
and judgments related to the project.	10708

Any funds remaining upon completion of a project may, upon	10709
approval of the controlling board, be released for the use of the	10710
agency or instrumentality to which the appropriation was made for	10711
other capital facilities projects.	10712

Sec. 126.21. (A) The director of budget and management shall	10713
do all of the following:	10714

(1) Keep all necessary accounting records;

10715

(2) Prescribe and maintain the accounting system of the state	10716
and establish appropriate accounting procedures and charts of	10717
accounts;	10718

(3) Establish procedures for the use of written, electronic,	10719
optical, or other communications media for approving and reviewing	10720
payment vouchers;	10721

(4) Reconcile, in the case of any variation between the	10722
amount of any appropriation and the aggregate amount of items of	10723
the appropriation, with the advice and assistance of the state	10724
agency affected by it and the legislative service commission,	10725
totals so as to correspond in the aggregate with the total	10726
appropriation. In the case of a conflict between the item and the	10727
total of which it is a part, the item shall be considered the	10728
intended appropriation.	10729

(5) Evaluate on an ongoing basis and, if necessary, recommend	10730
improvements to the internal controls used in state agencies;	10731

(6) Authorize the establishment of petty cash accounts. The	10732
director may withdraw approval for any petty cash account and	10733
require the officer in charge to return to the state treasury any	10734
unexpended balance shown by the officer's accounts to be on hand.	10735
Any officer who is issued a warrant for petty cash shall render a	10736
detailed account of the expenditures of the petty cash and shall	10737
report when requested the balance of petty cash on hand at any	10738
time.	10739

(7) Process orders, invoices, vouchers, claims, and payrolls	10740
and prepare financial reports and statements;	10741

(8) Perform extensions, reviews, and compliance checks prior	10742
to or after approving a payment as the director considers	10743
necessary;	10744

(9) Issue the official comprehensive annual financial report	10745
of the state. The report shall cover all funds of the state	10746
reporting entity and shall include basic financial statements and	10747
required supplementary information prepared in accordance with	10748
generally accepted accounting principles and other information as	10749
the director provides. All state agencies, authorities,	10750
institutions, offices, retirement systems, and other component	10751
units of the state reporting entity as determined by the director	10752
shall furnish the director whatever financial statements and other	10753
information the director requests for the report, in the form, at	10754
the times, covering the periods, and with the attestation the	10755
director prescribes. The information for state institutions of	10756
higher education, as defined in section 3345.011 of the Revised	10757
Code, shall be submitted to the chancellor by the Ohio board of	10758
regents. The board shall establish a due date by which each such	10759
institution shall submit the information to the board, but no such	10760
date shall be later than one hundred twenty days after the end of	10761
the state fiscal year unless a later date is approved by the	10762
director.	10763

(B) In addition to the director's duties under division (A)	10764
of this section, the director may establish and administer one or	10765
more state payment card programs that permit or require state	10766
agencies to use a payment card to purchase equipment, materials,	10767
supplies, or services in accordance with guidelines issued by the	10768
director. The chief administrative officer of a state agency that	10769
uses a payment card for such purposes shall ensure that purchases	10770
made with the card are made in accordance with the guidelines	10771
issued by the director and do not exceed the unexpended,	10772
unencumbered, unobligated balance in the appropriation to be	10773
charged for the purchase. State agencies may participate in only	10774
those state payment card programs that the director establishes	10775
pursuant to this section.	10776

(C) In addition to the director's duties under divisions (A)	10777
and (B) of this section, the director may enter into any contract	10778
or agreement necessary for and incidental to the performance of	10779
the director's duties or the duties of the office of budget and	10780
management.	10781

(D) In consultation with the director of administrative	10782
services, the director may appoint and fix the compensation of	10783
employees of the office of budget and management whose primary	10784
duties include the consolidation of statewide financing functions	10785
and common transactional processes.	10786

(E) The director may transfer cash between funds other than	10787
the general revenue fund in order to correct an erroneous payment	10788
or deposit regardless of the fiscal year during which the	10789
erroneous payment or deposit occurred.	10790

Sec. 126.24. The OAKS support organization fund is hereby	10791
created in the state treasury for the purpose of paying the	10792
operating, development, and upgrade expenses of the state's	10793
enterprise resource planning system. The fund shall consist of	10794
~~cash~~ transfers ~~from the accounting and budgeting fund and the~~	10795
~~human resources services fund, and other~~received pursuant to	10796
division (A)(2) of section 126.12 of the Revised Code and agency	10797
payroll charge revenues that are designated to support the	10798
operating, development, and upgrade costs of the Ohio	10799
administrative knowledge system. All investment earnings of the	10800
fund shall be credited to the fund.	10801

Sec. 126.45. (A) As used in sections 126.45 to 126.48 of the	10802
Revised Code, "state agency" means the administrative departments	10803
listed in section 121.02 of the Revised Code, the department of	10804
taxation, ~~and~~ the bureau of workers' compensation, and the Ohio	10805
board of regents.	10806

(B) The office of internal auditing is hereby created in the	10807
office of budget and management to conduct internal audits of	10808
state agencies or divisions of state agencies to improve their	10809
operations in the areas of risk management, internal controls, and	10810
governance. The director of budget and management, with the	10811
approval of the governor, shall appoint for the office of internal	10812
auditing a chief internal auditor who meets the qualifications	10813
specified in division (C) of this section. The chief internal	10814
auditor shall serve at the director's pleasure and be responsible	10815
for the administration of the office of internal auditing	10816
consistent with sections 126.45 to 126.48 of the Revised Code.	10817

The office of internal auditing shall conduct programs for	10818
the internal auditing of state agencies. The programs shall	10819
include an annual internal audit plan, reviewed by the state audit	10820
committee, that utilizes risk assessment techniques and identifies	10821
the specific audits to be conducted during the year. The programs	10822
also shall include periodic audits of each state agency's major	10823
systems and controls, including those systems and controls	10824
pertaining to accounting, administration, and electronic data	10825
processing. Upon the request of the office of internal auditing,	10826
each state agency shall provide office employees access to all	10827
records and documents necessary for the performance of an internal	10828
audit.	10829

The director of budget and management shall assess a charge	10830
against each state agency for which the office of internal	10831
auditing conducts internal auditing programs under sections 126.45	10832
to 126.48 of the Revised Code so that the total amount of these	10833
charges is sufficient to cover the costs of the operation of the	10834
office of internal auditing.	10835

(C) The chief internal auditor of the office of internal	10836
auditing shall hold at least a bachelor's degree and be one of the	10837
following:	10838

(1) A certified internal auditor, a certified government	10839
auditing professional, or a certified public accountant, who also	10840
has held a PA registration or a CPA certificate authorized by	10841
Chapter 4701. of the Revised Code for at least four years and has	10842
at least six years of auditing experience;	10843

(2) An auditor who has held a PA registration or a CPA	10844
certificate authorized by Chapter 4701. of the Revised Code for at	10845
least four years and has at least ten years of auditing	10846
experience.	10847

(D) The chief internal auditor, subject to the direction and	10848
control of the director of budget and management, may appoint and	10849
maintain any staff necessary to carry out the duties assigned by	10850
sections 126.45 to 126.48 of the Revised Code to the office of	10851
internal auditing or to the chief internal auditor.	10852

Sec. 126.46. (A)(1) There is hereby created the state audit	10853
committee, consisting of the following five members: one public	10854
member appointed by the governor; two public members appointed by	10855
the speaker of the house of representatives, one of which may be a	10856
person who is recommended by the minority leader of the house of	10857
representatives; and two public members appointed by the president	10858
of the senate, one of which may be a person who is recommended by	10859
the minority leader of the senate. Not more than two of the four	10860
members appointed by the speaker of the house of representatives	10861
and the president of the senate shall belong to or be affiliated	10862
with the same political party. The member appointed by the	10863
governor shall ~~be a person who is external to the management~~	10864
~~structure associated with the preparation of financial statements~~	10865
~~of state government and shall~~ have the program and management	10866
expertise required to perform the duties of the committee's	10867
chairperson.	10868

Each member of the committee shall be external to the	10869
management structure of state government and shall serve a	10870
three-year term~~, except for the initial members. With respect to~~	10871
~~the initial appointments of the members, the first member~~	10872
~~appointed by the speaker of the house of representatives shall~~	10873
~~serve a one-year term, the second member appointed by the speaker~~	10874
~~of the house of representatives shall serve a three-year term, the~~	10875
~~initial members appointed by the president of the senate shall~~	10876
~~serve two-year terms, and the initial member appointed by the~~	10877
~~governor shall serve a three-year term~~. Each term shall commence	10878
on the first day of July and end on the thirtieth day of June. A	10879
member shall continue to serve subsequent to the expiration of the	10880
member's term until a successor is appointed. Members may be	10881
reappointed to serve one additional term.	10882

On the effective date of the amendment of this section by	10883
H.B. 153 of the 129th general assembly, the terms of the members	10884
shall be altered as follows:	10885

(a) The terms of the members appointed by the president shall	10886
expire on June 30, 2012.	10887

(b) The term of the member appointed by the speaker scheduled	10888
to expire on November 17, 2012, shall expire on June 30, 2013.	10889

(c) The term of the other member appointed by the speaker	10890
shall expire on June 30, 2014.	10891

(d) The term of the member appointed by the governor shall	10892
expire on June 30, 2014.	10893

The committee shall include one member who is a financial	10894
expert; one member who is an active, inactive, or retired	10895
certified public accountant; one member who is familiar with	10896
governmental financial accounting; and one member who is a	10897
representative of the public.	10898

Any vacancy on the committee shall be filled in the same	10899
manner as provided in this division, and, when applicable, the	10900
person appointed to fill a vacancy shall serve the remainder of	10901
the predecessor's term.	10902

(2) Members of the committee shall receive reimbursement for	10903
actual and necessary expenses incurred in the discharge of their	10904
duties.	10905

(3) The member of the committee appointed by the governor	10906
shall serve as the committee's chairperson.	10907

(4) ~~Initial appointments of committee members shall be made~~	10908
~~not later than thirty days after the effective date of this~~	10909
~~section.~~	10910

~~(5)~~ Members of the committee shall be subject to the	10911
disclosure statement requirements of section 102.02 of the Revised	10912
Code.	10913

(B) The state audit committee shall do all of the following:

10914

(1) Ensure that the internal audits conducted by the office	10915
of internal auditing in the office of budget and management	10916
conform to the institute of internal auditors' international	10917
standards for the professional practice of internal auditing and	10918
to the institute of internal auditors' code of ethics;	10919

(2) Review and comment on the process used by the office of	10920
budget and management to prepare its annual budgetary financial	10921
report and the state's comprehensive annual financial report	10922
required under division (A)(9) of section 126.21 of the Revised	10923
Code;	10924

(3) Review and comment on unaudited financial statements	10925
submitted to the auditor of state and communicate with external	10926
auditors as required by government auditing standards;	10927

(4) Perform the additional functions imposed upon it by	10928
section 126.47 of the Revised Code.	10929

(C) As used in this section, "financial expert" means a	10930
person who has all of the following:	10931

(1) An understanding of generally accepted accounting	10932
principles and financial statements;	10933

(2) The ability to assess the general application of those	10934
principles in connection with accounting for estimates, accruals,	10935
and reserves;	10936

(3) Experience preparing, auditing, analyzing, or evaluating	10937
financial statements presenting accounting issues that generally	10938
are of comparable breadth and level of complexity to those likely	10939
to be presented by a state agency's financial statements, or	10940
experience actively supervising one or more persons engaged in	10941
those activities;	10942

(4) An understanding of internal controls and procedures for	10943
financial reporting; and	10944

(5) An understanding of audit committee functions.

10945

Sec. 126.50. As used in sections ~~126.50, 126.501, 126.502,~~	10946
126.503, 126.504, 126.505, and 126.506~~, and 126.507~~ of the Revised	10947
Code:	10948

~~(A) "Critical services" means a service provided by the state~~	10949
~~the deferral or cancellation of which would cause at least one of~~	10950
~~the following:~~	10951

~~(1) An immediate risk to the health, safety, or welfare of~~	10952
~~the citizens of the state;~~	10953

~~(2) A undermining of activity aimed at creating or retaining~~	10954
~~jobs in the state;~~	10955

~~(3) An interference with the receipt of revenue to the state~~	10956
~~or the realization of savings to the state.~~	10957

~~"Critical services" does not mean a deferral or cancellation~~	10958
~~of a service provided by the state that would result in~~	10959
~~inconvenience, sustainable delay, or other similar compromise to~~	10960
~~the normal provision of state-provided services.~~	10961

~~(B)~~, "~~State~~state agency" has the same meaning as in section	10962
1.60 of the Revised Code, but does not include the elected state	10963
officers, the general assembly or any legislative agency, a court	10964
or any judicial agency, or a state institution of higher	10965
education.	10966

Sec. 126.503. All state agencies shall control nonessential	10967
travel expenses by doing all of the following:	10968

(A) Complying with any travel directives issued by the	10969
director of budget and management;	10970

(B) Using, when possible, the online travel authorization and	10971
expense reimbursement process;	10972

(C) Conducting meetings, whenever possible and in compliance	10973
with section 121.22 of the Revised Code, using conference calls,	10974
teleconferences, webinars, or other technology tools;	10975

(D) Using fleet vehicles for official state travel whenever	10976
possible; ~~and~~	10977

(E) Following restrictions set by the department of	10978
administrative services regarding mileage reimbursement pursuant	10979
to section 125.832 of the Revised Code; and	10980

(F) Requiring state agency employees to use the	10981
state-contracted, preferred rental vehicle provider for all	10982
vehicle rentals over one hundred miles.	10983

The director of budget and management shall not reimburse any	10984
state agency employee for unauthorized travel expenses.	10985

Sec. 126.60. As used in sections 126.60 to 126.605 of the	10986
Revised Code:	10987

(A) "Contract" means any purchase and sale agreement, lease,	10988
service agreement, franchise agreement, concession agreement, or	10989
other written agreement entered into under sections 126.60 to	10990
126.605 of the Revised Code with respect to the provision of	10991
highway services and any project related thereto.	10992

(B) "Highway services" means the operation or maintenance of	10993
any highway in this state, the construction of which was funded by	10994
proceeds from state revenue bonds that are to be repaid primarily	10995
from revenues derived from the operation of the highway and any	10996
related facilities and not primarily from the tax that is subject	10997
to the limitations of Article XII, Section 5a of the Ohio	10998
Constitution.	10999

(C) "Improvement" means any construction, reconstruction,	11000
rehabilitation, renovation, installation, improvement,	11001
enlargement, or extension of property or improvements to property.	11002

(D) "Private sector entity" means any corporation, whether	11003
for profit or not for profit, limited liability company,	11004
partnership, limited liability partnership, sole proprietorship,	11005
business trust, joint venture or other entity, but shall not mean	11006
the state, a political subdivision of the state, or a public or	11007
governmental entity, agency, or instrumentality of the state.	11008

(E) "Project" means real or personal property, or both, and	11009
improvements thereto or in support thereof, including undivided	11010
and other interests therein, used for or in the provision of	11011
highway services.	11012

(F) "Proposer" means a private sector entity, local or	11013
regional public entity or agency, or any group or combination	11014
thereof, in collaboration or cooperation with other private sector	11015
entities, local or regional public entities, submitting	11016
qualifications or a proposal for providing highway services.	11017

Sec. 126.601. (A) The director of budget and management and	11018
the director of transportation may make recommendations to the	11019
general assembly concerning whether to take any action and execute	11020
any contract for the provision of highway services in order to	11021
more efficiently and effectively provide those services, including	11022
by generating additional resources in support of those services	11023
and related projects. Nothing in sections 126.60 to 126.605 of	11024
Revised Code authorizes or shall be construed to authorize the	11025
sale, lease, operation under a contract with a private sector	11026
entity, other disposition of a turnpike project, as defined in	11027
section 5537.01 of the Revised Code, or other transfer of	11028
authority over a turnpike project until the general assembly	11029
approves it by the enactment of legislation that includes the	11030
specific terms and conditions of the sale, lease, or operation of	11031
the turnpike project.	11032

(B) The director of transportation, pursuant to legislation	11033
as described in division (A) of this section, may exercise all	11034
powers of the Ohio turnpike commission for purposes of sections	11035
126.60 to 126.605 of the Revised Code, and may take any action	11036
and, with the director of budget and management, execute any	11037
contract necessary to effect the purposes of sections 126.60 to	11038
126.605 of the Revised Code.	11039

Sec. 126.602. (A) Before entering into a contract for the	11040
provision of highway services, the director of budget and	11041
management shall publish notice of its intent to enter into a	11042
contract for the highway services and any related project. The	11043
notice shall notify interested parties of the opportunity to	11044
submit their qualifications or proposals, or both, for	11045
consideration and shall be published at least thirty days prior to	11046
the deadline for submitting those qualifications or proposals. The	11047
director also may advertise the information contained in the	11048
notice in appropriate trade journals and otherwise notify parties	11049
believed to be interested in providing the highway services and in	11050
any related project. The notice shall include a general	11051
description of the highway services to be provided and any related	11052
project and of the qualifications or proposals being sought and	11053
instructions for obtaining the invitation.	11054

(B) After inviting qualifications, the director of budget and	11055
management, in consultation with the department of transportation,	11056
shall evaluate the qualifications submitted and may hold	11057
discussions with proposers to further explore their	11058
qualifications. Following this evaluation, the director, in	11059
consultation with the department, may determine a list of	11060
qualified proposers based on criteria in the invitation and invite	11061
only those proposers to submit a proposal for the provision of the	11062
highway services and any related project.	11063

(C) After inviting proposals, the director of budget and	11064
management, in consultation with the department of transportation,	11065
shall evaluate the proposals submitted and may hold discussions	11066
with proposers to further explore their proposals, the scope and	11067
nature of the highway services they would provide, and the various	11068
technical approaches they may take regarding the highway services	11069
and any related project. Following this evaluation, the director,	11070
in consultation with the department, shall:	11071

(1) Select and rank no fewer than three proposers that the	11072
director considers to be the most qualified to enter into the	11073
contract, except when the director determines that fewer than	11074
three qualified proposers are available, in which case the	11075
director shall select and rank them;	11076

(2) Negotiate a contract with the proposer ranked most	11077
qualified to provide the highway services at a compensation	11078
determined in writing to be fair and reasonable, and to purchase,	11079
lease or otherwise take a legal interest in the project.	11080

(D)(1) Upon failure to negotiate a contract with the proposer	11081
ranked most qualified, the director shall inform the proposer in	11082
writing of the termination of negotiations and may enter into	11083
negotiations with the proposer ranked next most qualified. If	11084
negotiations again fail, the same procedure may be followed with	11085
each next most qualified proposer selected and ranked, in order of	11086
ranking, until a contract is negotiated.	11087

(2) If the director, in consultation with the department,	11088
fails to negotiate a contract with any of the ranked proposers,	11089
the director, in consultation with the department, may terminate	11090
the process or select and rank additional proposers, based on	11091
their qualifications or proposals, and negotiations shall continue	11092
as with the proposers selected and ranked initially until a	11093
contract is negotiated.	11094

(E) Any contract entered into under this section may contain	11095
terms, as deemed appropriate by the director, in consultation with	11096
the department, including the duration of the contract, which	11097
shall not exceed seventy-five years, rates or fees for the highway	11098
services to be provided or methods or procedures for the	11099
determination of such rates or fees, standards for the highway	11100
services to be provided, responsibilities and standards for	11101
operation and maintenance of any related project, required	11102
financial assurances, financial and other data reporting	11103
requirements, bases and procedures for termination of the contract	11104
and retaking of possession or title to the project, and events of	11105
default and remedies upon default, including mandamus, a suit in	11106
equity, an action at law, or any combination of those remedial	11107
actions.	11108

(F) Chapter 4115. of the Revised Code shall not apply to any	11109
project. Chapter 4117. of the Revised Code shall not apply to any	11110
employees working at or on a project to provide highway services.	11111

(G) The director of budget and management may reject any and	11112
all submissions of qualifications or proposals.	11113

Sec. 126.603. (A) In addition to its powers under sections	11114
127.14 and 127.16 of the Revised Code, the controlling board shall	11115
approve any invitation for qualifications or for proposals and	11116
related contract negotiated under sections 126.60 to 126.605 of	11117
the Revised Code, which approval may be by pre-approval of	11118
specified terms of the contract. The controlling board may approve	11119
any transfer of moneys and funds necessary to support the highway	11120
services.	11121

(B) All money received by the director of budget and	11122
management under a contract executed pursuant to sections 126.60	11123
to 126.605 of the Revised Code shall be deposited into the state	11124
treasury to the credit of the highway services fund, which is	11125
hereby created. Any interest earned on money in the fund shall be	11126
credited to the fund.	11127

Sec. 126.604. The exercise of the powers granted by sections	11128
126.60 to 126.605 of the Revised Code will be for the benefit of	11129
the people of the state and shall be liberally construed to effect	11130
the purposes thereof. Any project or part thereof owned by the	11131
state and used for performing any highway services pursuant to a	11132
contract entered into under sections 126.60 to 126.605 of the	11133
Revised Code that would be exempt from real property taxes or	11134
assessments in the absence of such contract shall remain exempt	11135
from real property taxes and assessments levied by the state and	11136
its subdivisions to the same extent as if not subject to that	11137
contract. The gross receipts and income of a successful proposer	11138
derived from providing highway services under a contract through a	11139
project owned by the state shall be exempt from gross receipts and	11140
income taxes levied by the state and its subdivisions, including	11141
the tax levied pursuant to Chapter 5751. of the Revised Code. Any	11142
transfer or lease between a successful proposer and the state of a	11143
project or part thereof, or item included or to be included in the	11144
project, shall be exempt from the taxes levied pursuant to	11145
Chapters 5739. and 5741. of the Revised Code if the state is	11146
retaining ownership of the project or part thereof that is being	11147
transferred or leased.	11148

Sec. 126.605. The director of budget and management, in	11149
consultation with the department of transportation, may retain or	11150
contract for the services of commercial appraisers, engineers,	11151
investment bankers, financial advisers, accounting experts, and	11152
other consultants, independent contractors or providers of	11153
professional services as are necessary in the judgment of the	11154
director to carry out the director's powers and duties under	11155
sections 126.60 to 126.605 of the Revised Code, including the	11156
identification of highway services and any related projects to be	11157
subject to invitations for qualifications or proposals under	11158
sections 126.60 to 126.605 of the Revised Code, the development of	11159
those invitations and related evaluation criteria, the evaluation	11160
of those invitations, and negotiation of any contract under	11161
sections 126.60 to 126.605 of the Revised Code.	11162

Sec. 127.14. The controlling board may, at the request of	11163
any state agency or the director of budget and management,	11164
authorize, with respect to the provisions of any appropriation	11165
act:	11166

(A) Transfers of all or part of an appropriation within but	11167
not between state agencies, except such transfers as the director	11168
of budget and management is authorized by law to make, provided	11169
that no transfer shall be made by the director for the purpose of	11170
effecting new or changed levels of program service not authorized	11171
by the general assembly;	11172

(B) Transfers of all or part of an appropriation from one	11173
fiscal year to another;	11174

(C) Transfers of all or part of an appropriation within or	11175
between state agencies made necessary by administrative	11176
reorganization or by the abolition of an agency or part of an	11177
agency;	11178

(D) Transfers of all or part of cash balances in excess of	11179
needs from any fund of the state to the general revenue fund or to	11180
such other fund of the state to which the money would have been	11181
credited in the absence of the fund from which the transfers are	11182
authorized to be made, except that the controlling board may not	11183
authorize such transfers from the accrued leave liability fund,	11184
auto registration distribution fund, budget stabilization fund,	11185
development bond retirement fund, facilities establishment fund,	11186
gasoline excise tax fund, general revenue fund, higher education	11187
improvement fund, highway improvement bond retirement fund,	11188
highway obligations bond retirement fund, highway capital	11189
improvement fund, highway operating fund, horse racing tax fund,	11190
improvements bond retirement fund, public library fund, liquor	11191
control fund, local government fund, local transportation	11192
improvement program fund, mental health facilities improvement	11193
fund, Ohio fairs fund, parks and recreation improvement fund,	11194
public improvements bond retirement fund, school district income	11195
tax fund, state agency facilities improvement fund, state and	11196
local government highway distribution fund, state highway safety	11197
fund, state lottery fund, undivided liquor permit fund, Vietnam	11198
conflict compensation bond retirement fund, volunteer fire	11199
fighters' dependents fund, waterways safety fund, wildlife fund,	11200
workers' compensation fund, ~~workers' compensation council~~	11201
~~remuneration fund,~~ or any fund not specified in this division that	11202
the director of budget and management determines to be a bond fund	11203
or bond retirement fund;	11204

(E) Transfers of all or part of those appropriations included	11205
in the emergency purposes account of the controlling board;	11206

(F) Temporary transfers of all or part of an appropriation or	11207
other moneys into and between existing funds, or new funds, as may	11208
be established by law when needed for capital outlays for which	11209
notes or bonds will be issued;	11210

(G) Transfer or release of all or part of an appropriation to	11211
a state agency requiring controlling board approval of such	11212
transfer or release as provided by law;	11213

(H) Temporary transfer of funds included in the emergency	11214
purposes appropriation of the controlling board. Such temporary	11215
transfers may be made subject to conditions specified by the	11216
controlling board at the time temporary transfers are authorized.	11217
No transfers shall be made under this division for the purpose of	11218
effecting new or changed levels of program service not authorized	11219
by the general assembly.	11220

As used in this section, "request" means an application by a	11221
state agency or the director of budget and management seeking some	11222
action by the controlling board.	11223

When authorizing the transfer of all or part of an	11224
appropriation under this section, the controlling board may	11225
authorize the transfer to an existing appropriation item and the	11226
creation of and transfer to a new appropriation item.	11227

Whenever there is a transfer of all or part of funds included	11228
in the emergency purposes appropriation by the controlling board,	11229
pursuant to division (E) of this section, the state agency or the	11230
director of budget and management receiving such transfer shall	11231
keep a detailed record of the use of the transferred funds. At the	11232
earliest scheduled meeting of the controlling board following the	11233
accomplishment of the purposes specified in the request originally	11234
seeking the transfer, or following the total expenditure of the	11235
transferred funds for the specified purposes, the state agency or	11236
the director of budget and management shall submit a report on the	11237
expenditure of such funds to the board. The portion of any	11238
appropriation so transferred which is not required to accomplish	11239
the purposes designated in the original request to the controlling	11240
board shall be returned to the proper appropriation of the	11241
controlling board at this time.	11242

Notwithstanding any provisions of law providing for the	11243
deposit of revenues received by a state agency to the credit of a	11244
particular fund in the state treasury, whenever there is a	11245
temporary transfer of funds included in the emergency purposes	11246
appropriation of the controlling board pursuant to division (H) of	11247
this section, revenues received by any state agency receiving such	11248
a temporary transfer of funds shall, as directed by the	11249
controlling board, be transferred back to the emergency purposes	11250
appropriation.	11251

The board may delegate to the director of budget and	11252
management authority to approve transfers among items of	11253
appropriation under division (A) of this section.	11254

Sec. 127.16. (A) Upon the request of either a state agency	11255
or the director of budget and management and after the controlling	11256
board determines that an emergency or a sufficient economic reason	11257
exists, the controlling board may approve the making of a purchase	11258
without competitive selection as provided in division (B) of this	11259
section.	11260

(B) Except as otherwise provided in this section, no state	11261
agency, using money that has been appropriated to it directly,	11262
shall:	11263

(1) Make any purchase from a particular supplier, that would	11264
amount to fifty thousand dollars or more when combined with both	11265
the amount of all disbursements to the supplier during the fiscal	11266
year for purchases made by the agency and the amount of all	11267
outstanding encumbrances for purchases made by the agency from the	11268
supplier, unless the purchase is made by competitive selection or	11269
with the approval of the controlling board;	11270

(2) Lease real estate from a particular supplier, if the	11271
lease would amount to seventy-five thousand dollars or more when	11272
combined with both the amount of all disbursements to the supplier	11273
during the fiscal year for real estate leases made by the agency	11274
and the amount of all outstanding encumbrances for real estate	11275
leases made by the agency from the supplier, unless the lease is	11276
made by competitive selection or with the approval of the	11277
controlling board.	11278

(C) Any person who authorizes a purchase in violation of	11279
division (B) of this section shall be liable to the state for any	11280
state funds spent on the purchase, and the attorney general shall	11281
collect the amount from the person.	11282

(D) Nothing in division (B) of this section shall be	11283
construed as:	11284

(1) A limitation upon the authority of the director of	11285
transportation as granted in sections 5501.17, 5517.02, and	11286
5525.14 of the Revised Code;	11287

(2) Applying to medicaid provider agreements under Chapter	11288
5111. of the Revised Code;	11289

(3) Applying to the purchase of examinations from a sole	11290
supplier by a state licensing board under Title XLVII of the	11291
Revised Code;	11292

(4) Applying to entertainment contracts for the Ohio state	11293
fair entered into by the Ohio expositions commission, provided	11294
that the controlling board has given its approval to the	11295
commission to enter into such contracts and has approved a total	11296
budget amount for such contracts as agreed upon by commission	11297
action, and that the commission causes to be kept itemized records	11298
of the amounts of money spent under each contract and annually	11299
files those records with the clerk of the house of representatives	11300
and the clerk of the senate following the close of the fair;	11301

(5) Limiting the authority of the chief of the division of	11302
mineral resources management to contract for reclamation work with	11303
an operator mining adjacent land as provided in section 1513.27 of	11304
the Revised Code;	11305

(6) Applying to investment transactions and procedures of any	11306
state agency, except that the agency shall file with the board the	11307
name of any person with whom the agency contracts to make, broker,	11308
service, or otherwise manage its investments, as well as the	11309
commission, rate, or schedule of charges of such person with	11310
respect to any investment transactions to be undertaken on behalf	11311
of the agency. The filing shall be in a form and at such times as	11312
the board considers appropriate.	11313

(7) Applying to purchases made with money for the per cent	11314
for arts program established by section 3379.10 of the Revised	11315
Code;	11316

(8) Applying to purchases made by the rehabilitation services	11317
commission of services, or supplies, that are provided to persons	11318
with disabilities, or to purchases made by the commission in	11319
connection with the eligibility determinations it makes for	11320
applicants of programs administered by the social security	11321
administration;	11322

(9) Applying to payments by the department of job and family	11323
services under section 5111.13 of the Revised Code for group	11324
health plan premiums, deductibles, coinsurance, and other	11325
cost-sharing expenses;	11326

(10) Applying to any agency of the legislative branch of the	11327
state government;	11328

(11) Applying to agreements or contracts entered into under	11329
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	11330
Revised Code;	11331

(12) Applying to purchases of services by the adult parole	11332
authority under section 2967.14 of the Revised Code or by the	11333
department of youth services under section 5139.08 of the Revised	11334
Code;	11335

(13) Applying to dues or fees paid for membership in an	11336
organization or association;	11337

(14) Applying to purchases of utility services pursuant to	11338
section 9.30 of the Revised Code;	11339

(15) Applying to purchases made in accordance with rules	11340
adopted by the department of administrative services of motor	11341
vehicle, aviation, or watercraft fuel, or emergency repairs of	11342
such vehicles;	11343

(16) Applying to purchases of tickets for passenger air	11344
transportation;	11345

(17) Applying to purchases necessary to provide public	11346
notifications required by law or to provide notifications of job	11347
openings;	11348

(18) Applying to the judicial branch of state government;

11349

(19) Applying to purchases of liquor for resale by the	11350
division of liquor control;	11351

(20) Applying to purchases of motor courier and freight	11352
services made in accordance with department of administrative	11353
services rules;	11354

(21) Applying to purchases from the United States postal	11355
service and purchases of stamps and postal meter replenishment	11356
from vendors at rates established by the United States postal	11357
service;	11358

(22) Applying to purchases of books, periodicals, pamphlets,	11359
newspapers, maintenance subscriptions, and other published	11360
materials;	11361

(23) Applying to purchases from other state agencies,	11362
including state-assisted institutions of higher education;	11363

(24) Limiting the authority of the director of environmental	11364
protection to enter into contracts under division (D) of section	11365
3745.14 of the Revised Code to conduct compliance reviews, as	11366
defined in division (A) of that section;	11367

(25) Applying to purchases from a qualified nonprofit agency	11368
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	11369
the Revised Code;	11370

(26) Applying to payments by the department of job and family	11371
services to the United States department of health and human	11372
services for printing and mailing notices pertaining to the tax	11373
refund offset program of the internal revenue service of the	11374
United States department of the treasury;	11375

(27) Applying to contracts entered into by the department of	11376
developmental disabilities under section 5123.18 of the Revised	11377
Code;	11378

(28) Applying to payments made by the department of mental	11379
health under a physician recruitment program authorized by section	11380
5119.101 of the Revised Code;	11381

(29) Applying to contracts entered into with persons by the	11382
director of commerce for unclaimed funds collection and remittance	11383
efforts as provided in division (F) of section 169.03 of the	11384
Revised Code. The director shall keep an itemized accounting of	11385
unclaimed funds collected by those persons and amounts paid to	11386
them for their services.	11387

(30) Applying to purchases made by a state institution of	11388
higher education in accordance with the terms of a contract	11389
between the vendor and an inter-university purchasing group	11390
comprised of purchasing officers of state institutions of higher	11391
education;	11392

(31) Applying to the department of job and family services'	11393
purchases of health assistance services under the children's	11394
health insurance program part I provided for under section 5101.50	11395
of the Revised Code, the children's health insurance program part	11396
II provided for under section 5101.51 of the Revised Code, or the	11397
children's health insurance program part III provided for under	11398
section 5101.52 of the Revised Code~~, or the children's buy-in~~	11399
~~program provided for under sections 5101.5211 to 5101.5216 of the~~	11400
~~Revised Code~~;	11401

(32) Applying to payments by the attorney general from the	11402
reparations fund to hospitals and other emergency medical	11403
facilities for performing medical examinations to collect physical	11404
evidence pursuant to section 2907.28 of the Revised Code;	11405

(33) Applying to contracts with a contracting authority or	11406
administrative receiver under division (B) of section 5126.056 of	11407
the Revised Code;	11408

(34) Applying to purchases of goods and services by the	11409
department of veterans services in accordance with the terms of	11410
contracts entered into by the United States department of veterans	11411
affairs;	11412

(35) Applying to payments by the superintendent of the bureau	11413
of criminal identification and investigation to the federal bureau	11414
of investigation for criminal records checks pursuant to section	11415
109.572 of the Revised Code.	11416

(E) When determining whether a state agency has reached the	11417
cumulative purchase thresholds established in divisions (B)(1) and	11418
(2) of this section, all of the following purchases by such agency	11419
shall not be considered:	11420

(1) Purchases made through competitive selection or with	11421
controlling board approval;	11422

(2) Purchases listed in division (D) of this section;

11423

(3) For the purposes of the threshold of division (B)(1) of	11424
this section only, leases of real estate.	11425

(F) As used in this section, "competitive selection,"	11426
"purchase," "supplies," and "services" have the same meanings as	11427
in section 125.01 of the Revised Code.	11428

Sec. 127.162. (A) Upon the request of a state agency or the	11429
director of budget and management, the controlling board may	11430
approve the making of a purchase as being in full compliance with	11431
competitive selection if the agency seeking to make the purchase	11432
has met both of the following requirements:	11433

(1) The agency has substantially complied with one of the	11434
following competitive selection or evaluation and selection	11435
processes:	11436

(a) The requirements for competitive sealed bidding under	11437
section 125.07 of the Revised Code;	11438

(b) The requirements for competitive sealed proposals under	11439
section 125.071 of the Revised Code;	11440

(c) The requirements for reverse auctions under section	11441
125.072 of the Revised Code;	11442

(d) The evaluation and selection requirements for	11443
professional design services under section 153.69 of the Revised	11444
Code.	11445

(2) The agency has provided in its request to the board a	11446
detailed explanation of the type of competitive selection or	11447
evaluation and selection process with which it was seeking to	11448
comply and the specific requirements of that type of competitive	11449
selection or evaluation and selection with which the agency has	11450
failed to comply.	11451

(B) The controlling board, by a majority vote, may disapprove	11452
or defer a request submitted under this section or request that	11453
the agency resubmit the request pursuant to section 127.16 of the	11454
Revised Code if the agency fails to demonstrate substantial	11455
compliance with the relevant competitive selection or evaluation	11456
and selection requirements.	11457

(C) Nothing in this section shall be construed to modify the	11458
cumulative purchasing thresholds established in divisions (B) and	11459
(E) of section 127.16 of the Revised Code.	11460

Sec. 127.19. There is hereby created in the state treasury	11461
the controlling board emergency purposes fund, consisting of	11462
transfers from the general revenue fund and any other funds	11463
appropriated by the general assembly. Moneys in the fund may be	11464
used by the controlling board at the request of a state agency or	11465
the director of budget and management for the purpose of providing	11466
disaster and emergency aid to state agencies and political	11467
subdivisions or for other purposes approved by the controlling	11468
board.	11469

Sec. 131.02. (A) Except as otherwise provided in section	11470
4123.37 and division (K) of section 4123.511 of the Revised Code,	11471
whenever any amount is payable to the state, the officer,	11472
employee, or agent responsible for administering the law under	11473
which the amount is payable shall immediately proceed to collect	11474
the amount or cause the amount to be collected and shall pay the	11475
amount into the state treasury or into the appropriate custodial	11476
fund in the manner set forth pursuant to section 113.08 of the	11477
Revised Code. Except as otherwise provided in this division, if	11478
the amount is not paid within forty-five days after payment is	11479
due, the officer, employee, or agent shall certify the amount due	11480
to the attorney general, in the form and manner prescribed by the	11481
attorney general, and notify the director of budget and management	11482
thereof. In the case of an amount payable by a student enrolled in	11483
a state institution of higher education, the amount shall be	11484
certified within the later of forty-five days after the amount is	11485
due or the tenth day after the beginning of the next academic	11486
semester, quarter, or other session following the session for	11487
which the payment is payable. The attorney general may assess the	11488
collection cost to the amount certified in such manner and amount	11489
as prescribed by the attorney general. If an amount payable to a	11490
political subdivision is past due, the political subdivision may,	11491
with the approval of the attorney general, certify the amount to	11492
the attorney general pursuant to this section.	11493

For the purposes of this section, the attorney general and	11494
the officer, employee, or agent responsible for administering the	11495
law under which the amount is payable shall agree on the time a	11496
payment is due, and that agreed upon time shall be one of the	11497
following times:	11498

(1) If a law, including an administrative rule, of this state	11499
prescribes the time a payment is required to be made or reported,	11500
when the payment is required by that law to be paid or reported.	11501

(2) If the payment is for services rendered, when the	11502
rendering of the services is completed.	11503

(3) If the payment is reimbursement for a loss, when the loss	11504
is incurred.	11505

(4) In the case of a fine or penalty for which a law or	11506
administrative rule does not prescribe a time for payment, when	11507
the fine or penalty is first assessed.	11508

(5) If the payment arises from a legal finding, judgment, or	11509
adjudication order, when the finding, judgment, or order is	11510
rendered or issued.	11511

(6) If the payment arises from an overpayment of money by the	11512
state to another person, when the overpayment is discovered.	11513

(7) The date on which the amount for which an individual is	11514
personally liable under section 5735.35, section 5739.33, or	11515
division (G) of section 5747.07 of the Revised Code is determined.	11516

(8) Upon proof of claim being filed in a bankruptcy case.

11517

(9) Any other appropriate time determined by the attorney	11518
general and the officer, employee, or agent responsible for	11519
administering the law under which the amount is payable on the	11520
basis of statutory requirements or ordinary business processes of	11521
the state agency to which the payment is owed.	11522

(B)(1) The attorney general shall give immediate notice by	11523
mail or otherwise to the party indebted of the nature and amount	11524
of the indebtedness.	11525

(2) If the amount payable to this state arises from a tax	11526
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	11527
Revised Code, the notice also shall specify all of the following:	11528

(a) The assessment or case number;

11529

(b) The tax pursuant to which the assessment is made;

11530

(c) The reason for the liability, including, if applicable,	11531
that a penalty or interest is due;	11532

(d) An explanation of how and when interest will be added to	11533
the amount assessed;	11534

(e) That the attorney general and tax commissioner, acting	11535
together, have the authority, but are not required, to compromise	11536
the claim and accept payment over a reasonable time, if such	11537
actions are in the best interest of the state.	11538

(C) The attorney general shall collect the claim or secure a	11539
judgment and issue an execution for its collection.	11540

(D) Each claim shall bear interest, from the day on which the	11541
claim became due, at the rate per annum required by section	11542
5703.47 of the Revised Code.	11543

(E) The attorney general and the chief officer of the agency	11544
reporting a claim, acting together, may do any of the following if	11545
such action is in the best interests of the state:	11546

(1) Compromise the claim;

11547

(2) Extend for a reasonable period the time for payment of	11548
the claim by agreeing to accept monthly or other periodic	11549
payments. The agreement may require security for payment of the	11550
claim.	11551

(3) Add fees to recover the cost of processing checks or	11552
other draft instruments returned for insufficient funds and the	11553
cost of providing electronic payment options.	11554

(F)(1) Except as provided in division (F)(2) of this section,	11555
if the attorney general finds, after investigation, that any claim	11556
due and owing to the state is uncollectible, the attorney general,	11557
with the consent of the chief officer of the agency reporting the	11558
claim, may do the following:	11559

(a) Sell, convey, or otherwise transfer the claim to one or	11560
more private entities for collection;	11561

(b) Cancel the claim or cause it to be canceled.

11562

(2) The attorney general shall cancel or cause to be canceled	11563
an unsatisfied claim on the date that is forty years after the	11564
date the claim is certified.	11565

(3) No initial action shall be commenced to collect any tax	11566
payable to the state that is administered by the tax commissioner,	11567
whether or not such tax is subject to division (B) of this	11568
section, or any penalty, interest, or additional charge on such	11569
tax, after the expiration of the period ending on the later of the	11570
dates specified in divisions (F)(3)(a) and (b) of this section,	11571
provided that such period shall be extended by the period of any	11572
stay to such collection or by any other period to which the	11573
parties mutually agree. If the initial action in aid of execution	11574
is commenced before the later of the dates specified in divisions	11575
(F)(3)(a) and (b) of this section, any and all subsequent actions	11576
may be pursued in aid of execution of judgment for as long as the	11577
debt exists.	11578

(a) Seven years after the assessment of the tax, penalty,	11579
interest, or additional charge is issued.	11580

(b) Four years after the assessment of the tax, penalty,	11581
interest, or additional charge becomes final. For the purposes of	11582
division (F)(3)(b) of this section, the assessment becomes final	11583
at the latest of the following: upon expiration of the period to	11584
petition for reassessment, or if applicable, to appeal a final	11585
determination of the commissioner or decision of the board of tax	11586
appeals or a court, or, if applicable, upon decision of the United	11587
States supreme court.	11588

For the purposes of division (F)(3) of this section, an	11589
initial action to collect a tax debt is commenced at the time when	11590
any action, including any action in aid of execution on a	11591
judgment, commences after a certified copy of the tax	11592
commissioner's entry making an assessment final has been filed in	11593
the office of the clerk of court of common pleas in the county in	11594
which the taxpayer resides or has its principal place of business	11595
in this state, or in the office of the clerk of court of common	11596
pleas of Franklin county, as provided in section 5739.13, 5741.14,	11597
5747.13, or 5751.09 of the Revised Code or in any other applicable	11598
law requiring such a filing. If an assessment has not been issued	11599
and there is no time limitation on the issuance of an assessment	11600
under applicable law, an action to collect a tax debt commences	11601
when the action is filed in the courts of this state to collect	11602
the liability.	11603

(4) If information contained in a claim that is sold,	11604
conveyed, or transferred to a private entity pursuant to this	11605
section is confidential pursuant to federal law or a section of	11606
the Revised Code that implements a federal law governing	11607
confidentiality, such information remains subject to that law	11608
during and following the sale, conveyance, or transfer.	11609

Sec. 131.024. (A) The attorney general may, not later than	11610
the first day of February of each year, send to the director of	11611
commerce a request containing the name, address, and social	11612
security number of any person who owes a claim that has been	11613
certified to the attorney general under section 131.02 of the	11614
Revised Code and request that the director provide information to	11615
the attorney general as required in division (B) of this section.	11616
If the information the director provides identifies or results in	11617
identifying unclaimed funds held by the state for an obligor in	11618
default, the attorney general may file a claim under section	11619
169.08 of the Revised Code to recover the unclaimed funds. If the	11620
director allows the claim, the director shall pay the claim	11621
directly to the attorney general. The director shall not disallow	11622
a claim made by the attorney general because the attorney general	11623
is not the owner of the unclaimed funds according to the report	11624
made under section 169.03 of the Revised Code.	11625

(B) The director of commerce shall provide the attorney	11626
general, not later than the first day of March of each year, the	11627
name, address, social security number, if the social security	11628
number is available, and any other identifying information for any	11629
individual included in a request sent by the attorney general	11630
pursuant to division (A) of this section who has unclaimed funds	11631
delivered or reported to the state under Chapter 169. of the	11632
Revised Code.	11633

(C) The attorney general, in consultation with the department	11634
of commerce, may adopt rules under Chapter 119. of the Revised	11635
Code to aid in the implementation of this section.	11636

Sec. 131.23. The various political subdivisions of this	11637
state may issue bonds, and any indebtedness created by that	11638
issuance shall not be subject to the limitations or included in	11639
the calculation of indebtedness prescribed by sections 133.05,	11640
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may	11641
be issued only under the following conditions:	11642

(A) The subdivision desiring to issue the bonds shall obtain	11643
from the county auditor a certificate showing the total amount of	11644
delinquent taxes due and unpayable to the subdivision at the last	11645
semiannual tax settlement.	11646

(B) The fiscal officer of that subdivision shall prepare a	11647
statement, from the books of the subdivision, verified by the	11648
fiscal officer under oath, which shall contain the following facts	11649
of the subdivision:	11650

(1) The total bonded indebtedness;

11651

(2) The aggregate amount of notes payable or outstanding	11652
accounts of the subdivision, incurred prior to the commencement of	11653
the current fiscal year, which shall include all evidences of	11654
indebtedness issued by the subdivision except notes issued in	11655
anticipation of bond issues and the indebtedness of any	11656
nontax-supported public utility;	11657

(3) Except in the case of school districts, the aggregate	11658
current year's requirement for disability financial assistance	11659
provided under Chapter 5115. of the Revised Code that the	11660
subdivision is unable to finance except by the issue of bonds;	11661

(4) The indebtedness outstanding through the issuance of any	11662
bonds or notes pledged or obligated to be paid by any delinquent	11663
taxes;	11664

(5) The total of any other indebtedness;

11665

(6) The net amount of delinquent taxes unpledged to pay any	11666
bonds, notes, or certificates, including delinquent assessments on	11667
improvements on which the bonds have been paid;	11668

(7) The budget requirements for the fiscal year for bond and	11669
note retirement;	11670

(8) The estimated revenue for the fiscal year.

11671

(C) The certificate and statement provided for in divisions	11672
(A) and (B) of this section shall be forwarded to the tax	11673
commissioner together with a request for authority to issue bonds	11674
of the subdivision in an amount not to exceed seventy per cent of	11675
the net unobligated delinquent taxes and assessments due and owing	11676
to the subdivision, as set forth in division (B)(6) of this	11677
section.	11678

(D) No subdivision may issue bonds under this section in	11679
excess of a sufficient amount to pay the indebtedness of the	11680
subdivision as shown by division (B)(2) of this section and,	11681
except in the case of school districts, to provide funds for	11682
disability financial assistance as shown by division (B)(3) of	11683
this section.	11684

(E) The tax commissioner shall grant to the subdivision	11685
authority requested by the subdivision as restricted by divisions	11686
(C) and (D) of this section and shall make a record of the	11687
certificate, statement, and grant in a record book devoted solely	11688
to such recording and which shall be open to inspection by the	11689
public.	11690

(F) The commissioner shall immediately upon issuing the	11691
authority provided in division (E) of this section notify the	11692
proper authority having charge of the retirement of bonds of the	11693
subdivision by forwarding a copy of the grant of authority and of	11694
the statement provided for in division (B) of this section.	11695

(G) Upon receipt of authority, the subdivision shall proceed	11696
according to law to issue the amount of bonds authorized by the	11697
commissioner, and authorized by the taxing authority, provided the	11698
taxing authority of that subdivision may submit, by resolution, to	11699
the electors of that subdivision the question of issuing the	11700
bonds. The resolution shall make the declarations and statements	11701
required by section 133.18 of the Revised Code. The county auditor	11702
and taxing authority shall thereupon proceed as set forth in	11703
divisions (C) and (D) of that section. The election on the	11704
question of issuing the bonds shall be held under divisions (E),	11705
(F), and (G) of that section, except that publication of the	11706
notice of the election shall be made on two separate days prior to	11707
the election in ~~one or more newspapers~~a newspaper of general	11708
circulation in the subdivision~~, and, if~~or as provided in section	11709
7.16 of the Revised Code. If the board of elections operates and	11710
maintains a web site, notice of the election also shall be posted	11711
on that web site for thirty days prior to the election. The bonds	11712
may be exchanged at their face value with creditors of the	11713
subdivision in liquidating the indebtedness described and	11714
enumerated in division (B)(2) of this section or may be sold as	11715
provided in Chapter 133. of the Revised Code, and in either event	11716
shall be uncontestable.	11717

(H) The per cent of delinquent taxes and assessments	11718
collected for and to the credit of the subdivision after the	11719
exchange or sale of bonds as certified by the commissioner shall	11720
be paid to the authority having charge of the sinking fund of the	11721
subdivision, which money shall be placed in a separate fund for	11722
the purpose of retiring the bonds so issued. The proper authority	11723
of the subdivisions shall provide for the levying of a tax	11724
sufficient in amount to pay the debt charges on all such bonds	11725
issued under this section.	11726

(I) This section is for the sole purpose of assisting the	11727
various subdivisions in paying their unsecured indebtedness, and	11728
providing funds for disability financial assistance. The bonds	11729
issued under authority of this section shall not be used for any	11730
other purpose, and any exchange for other purposes, or the use of	11731
the money derived from the sale of the bonds by the subdivision	11732
for any other purpose, is misapplication of funds.	11733

(J) The bonds authorized by this section shall be redeemable	11734
or payable in not to exceed ten years from date of issue and shall	11735
not be subject to or considered in calculating the net	11736
indebtedness of the subdivision. The budget commission of the	11737
county in which the subdivision is located shall annually allocate	11738
such portion of the then delinquent levy due the subdivision which	11739
is unpledged for other purposes to the payment of debt charges on	11740
the bonds issued under authority of this section.	11741

(K) The issue of bonds under this section shall be governed	11742
by Chapter 133. of the Revised Code, respecting the terms used,	11743
forms, manner of sale, and redemption except as otherwise provided	11744
in this section.	11745

The board of county commissioners of any county may issue	11746
bonds authorized by this section and distribute the proceeds of	11747
the bond issues to any or all of the cities and townships of the	11748
county, according to their relative needs for disability financial	11749
assistance as determined by the county.	11750

All sections of the Revised Code inconsistent with or	11751
prohibiting the exercise of the authority conferred by this	11752
section are inoperative respecting bonds issued under this	11753
section.	11754

Sec. 131.44. (A) As used in this section:

11755

(1) "Surplus revenue" means the excess, if any, of the total	11756
fund balance over the required year-end balance.	11757

(2) "Total fund balance" means the sum of the unencumbered	11758
balance in the general revenue fund on the last day of the	11759
preceding fiscal year plus the balance in the budget stabilization	11760
fund.	11761

(3) "Required year-end balance" means the sum of the	11762
following:	11763

(a) Five per cent of the general revenue fund revenues for	11764
the preceding fiscal year;	11765

(b) "Ending fund balance," which means one-half of one per	11766
cent of general revenue fund revenues for the preceding fiscal	11767
year;	11768

(c) "Carryover balance," which means, with respect to a	11769
fiscal biennium, the excess, if any, of the estimated general	11770
revenue fund appropriation and transfer requirement for the second	11771
fiscal year of the biennium over the estimated general revenue	11772
fund revenue for that fiscal year;	11773

(d) "Capital appropriation reserve," which means the amount,	11774
if any, of general revenue fund capital appropriations made for	11775
the current biennium that the director of budget and management	11776
has determined will be encumbered or disbursed;	11777

(e) "Income tax reduction impact reserve," which means an	11778
amount equal to the reduction projected by the director of budget	11779
and management in income tax revenue in the current fiscal year	11780
attributable to the previous reduction in the income tax rate made	11781
by the tax commissioner pursuant to division (B) of section	11782
5747.02 of the Revised Code.	11783

(4) "Estimated general revenue fund appropriation and	11784
transfer requirement" means the most recent adjusted	11785
appropriations made by the general assembly from the general	11786
revenue fund and includes both of the following:	11787

(a) Appropriations made and transfers of appropriations from	11788
the first fiscal year to the second fiscal year of the biennium in	11789
provisions of acts of the general assembly signed by the governor	11790
but not yet effective;	11791

(b) Transfers of ~~appropriation~~appropriations from the first	11792
fiscal year to the second fiscal year of the biennium approved by	11793
the controlling board.	11794

(5) "Estimated general revenue fund revenue" means the most	11795
recent such estimate available to the director of budget and	11796
management.	11797

(B)(1) Not later than the thirty-first day of July each year,	11798
the director of budget and management shall determine the surplus	11799
revenue that existed on the preceding thirtieth day of June and	11800
transfer from the general revenue fund, to the extent of the	11801
unobligated, unencumbered balance on the preceding thirtieth day	11802
of June in excess of one-half of one per cent of the general	11803
revenue fund revenues in the preceding fiscal year, the following:	11804

(a) First, to the budget stabilization fund, any amount	11805
necessary for the balance of the budget stabilization fund to	11806
equal five per cent of the general revenue fund revenues of the	11807
preceding fiscal year;	11808

(b) Then, to the income tax reduction fund, which is hereby	11809
created in the state treasury, an amount equal to the surplus	11810
revenue.	11811

(2) Not later than the thirty-first day of July each year,	11812
the director shall determine the percentage that the balance in	11813
the income tax reduction fund is of the amount of revenue that the	11814
director estimates will be received from the tax levied under	11815
section 5747.02 of the Revised Code in the current fiscal year	11816
without regard to any reduction under division (B) of that	11817
section. If that percentage exceeds thirty-five one hundredths of	11818
one per cent, the director shall certify the percentage to the tax	11819
commissioner not later than the thirty-first day of July.	11820

(C) The director of budget and management shall transfer	11821
money in the income tax reduction fund to the general revenue	11822
fund, the local government fund, and the public library fund as	11823
necessary to offset revenue reductions resulting from the	11824
reductions in taxes required under division (B) of section 5747.02	11825
of the Revised Code in the respective amounts and percentages	11826
prescribed by division (A) of section 5747.03 and divisions ~~(A)~~(B)	11827
and ~~(B)~~(C) of section 131.51 of the Revised Code as if the amount	11828
transferred had been collected as taxes under Chapter 5747. of the	11829
Revised Code. If no reductions in taxes are made under that	11830
division that affect revenue received in the current fiscal year,	11831
the director shall not transfer money from the income tax	11832
reduction fund to the general revenue fund, the local government	11833
fund, and the public library fund.	11834

Sec. 131.51. (A) ~~Beginning January 2008, on~~On or before	11835
July 5, 2013, the tax commissioner shall compute the following	11836
amounts and certify those amounts to the director of budget and	11837
management:	11838

(1) A percentage calculated by multiplying one hundred by the	11839
quotient obtained by dividing the total amount credited to the	11840
local government fund in fiscal year 2013 by the total amount of	11841
tax revenue credited to the general revenue fund in fiscal year	11842
2013. The percentage shall be rounded to the nearest one-hundredth	11843
of one per cent.	11844

(2) A percentage calculated by multiplying one hundred by the	11845
quotient obtained by dividing the total amount credited to the	11846
public library fund in fiscal year 2013 by the total amount of tax	11847
revenue credited to the general revenue fund in fiscal year 2013.	11848
The percentage shall be rounded to the nearest one-hundredth of	11849
one per cent.	11850

(B) On or before the ~~fifth~~seventh day of each month, the	11851
director of budget and management shall credit to the local	11852
government fund ~~three and sixty-eight one hundredths per cent of~~	11853
an amount equal to the product obtained by multiplying the	11854
percentage calculated under division (A)(1) of this section by the	11855
total tax revenue credited to the general revenue fund during the	11856
preceding month. ~~In determining the total tax revenue credited to~~	11857
~~the general revenue fund during the preceding month, the director~~	11858
~~shall include amounts transferred from that fund during the~~	11859
~~preceding month pursuant to divisions (A) and (B) of this section.~~	11860
Money shall be distributed from the local government fund as	11861
required under section 5747.50 of the Revised Code during the same	11862
month in which it is credited to the fund.	11863

~~(B) Beginning January 2008, on~~(C) On or before the ~~fifth~~	11864
seventh day of each month, the director of budget and management	11865
shall credit to the public library fund~~, two and twenty-two one~~	11866
~~hundredths per cent of~~an amount equal to the product obtained by	11867
multiplying the percentage calculated under division (A)(2) of	11868
this section by the total tax revenue credited to the general	11869
revenue fund during the preceding month. ~~In determining the total~~	11870
~~tax revenue credited to the general revenue fund during the~~	11871
~~preceding month, the director shall include amounts transferred~~	11872
~~from that fund during the preceding month pursuant to divisions~~	11873
~~(A) and (B) of this section.~~ Money shall be distributed from the	11874
public library fund as required under section 5747.47 of the	11875
Revised Code during the same month in which it is credited to the	11876
fund.	11877

~~(C)~~(D) The director of budget and management shall develop a	11878
schedule identifying the specific tax revenue sources to be used	11879
to make the monthly transfers required under divisions ~~(A)~~(B) and	11880
~~(B)~~(C) of this section. The director may, from time to time,	11881
revise the schedule as the director considers necessary.	11882

Sec. 133.01. As used in this chapter, in sections 9.95,	11883
9.96, and 2151.655 of the Revised Code, in other sections of the	11884
Revised Code that make reference to this chapter unless the	11885
context does not permit, and in related proceedings, unless	11886
otherwise expressly provided:	11887

(A) "Acquisition" as applied to real or personal property	11888
includes, among other forms of acquisition, acquisition by	11889
exercise of a purchase option, and acquisition of interests in	11890
property, including, without limitation, easements and	11891
rights-of-way, and leasehold and other lease interests initially	11892
extending or extendable for a period of at least sixty months.	11893

(B) "Anticipatory securities" means securities, including	11894
notes, issued in anticipation of the issuance of other securities.	11895

(C) "Board of elections" means the county board of elections	11896
of the county in which the subdivision is located. If the	11897
subdivision is located in more than one county, "board of	11898
elections" means the county board of elections of the county that	11899
contains the largest portion of the population of the subdivision	11900
or that otherwise has jurisdiction in practice over and	11901
customarily handles election matters relating to the subdivision.	11902

(D) "Bond retirement fund" means the bond retirement fund	11903
provided for in section 5705.09 of the Revised Code, and also	11904
means a sinking fund or any other special fund, regardless of the	11905
name applied to it, established by or pursuant to law or the	11906
proceedings for the payment of debt charges. Provision may be made	11907
in the applicable proceedings for the establishment in a bond	11908
retirement fund of separate accounts relating to debt charges on	11909
particular securities, or on securities payable from the same or	11910
common sources, and for the application of moneys in those	11911
accounts only to specified debt charges on specified securities or	11912
categories of securities. Subject to law and any provisions in the	11913
applicable proceedings, moneys in a bond retirement fund or	11914
separate account in a bond retirement fund may be transferred to	11915
other funds and accounts.	11916

(E) "Capitalized interest" means all or a portion of the	11917
interest payable on securities from their date to a date stated or	11918
provided for in the applicable legislation, which interest is to	11919
be paid from the proceeds of the securities.	11920

(F) "Chapter 133. securities" means securities authorized by	11921
or issued pursuant to or in accordance with this chapter.	11922

(G) "County auditor" means the county auditor of the county	11923
in which the subdivision is located. If the subdivision is located	11924
in more than one county, "county auditor" means the county auditor	11925
of the county that contains the highest amount of the tax	11926
valuation of the subdivision or that otherwise has jurisdiction in	11927
practice over and customarily handles property tax matters	11928
relating to the subdivision. In the case of a county that has	11929
adopted a charter, "county auditor" means the officer who	11930
generally has the duties and functions provided in the Revised	11931
Code for a county auditor.	11932

(H) "Credit enhancement facilities" means letters of credit,	11933
lines of credit, stand-by, contingent, or firm securities purchase	11934
agreements, insurance, or surety arrangements, guarantees, and	11935
other arrangements that provide for direct or contingent payment	11936
of debt charges, for security or additional security in the event	11937
of nonpayment or default in respect of securities, or for making	11938
payment of debt charges to and at the option and on demand of	11939
securities holders or at the option of the issuer or upon certain	11940
conditions occurring under put or similar arrangements, or for	11941
otherwise supporting the credit or liquidity of the securities,	11942
and includes credit, reimbursement, marketing, remarketing,	11943
indexing, carrying, interest rate hedge, and subrogation	11944
agreements, and other agreements and arrangements for payment and	11945
reimbursement of the person providing the credit enhancement	11946
facility and the security for that payment and reimbursement.	11947

(I) "Current operating expenses" or "current expenses" means	11948
the lawful expenditures of a subdivision, except those for	11949
permanent improvements and for payments of debt charges of the	11950
subdivision.	11951

(J) "Debt charges" means the principal, including any	11952
mandatory sinking fund deposits and mandatory redemption payments,	11953
interest, and any redemption premium, payable on securities as	11954
those payments come due and are payable. The use of "debt charges"	11955
for this purpose does not imply that any particular securities	11956
constitute debt within the meaning of the Ohio Constitution or	11957
other laws.	11958

(K) "Financing costs" means all costs and expenses relating	11959
to the authorization, including any required election, issuance,	11960
sale, delivery, authentication, deposit, custody, clearing,	11961
registration, transfer, exchange, fractionalization, replacement,	11962
payment, and servicing of securities, including, without	11963
limitation, costs and expenses for or relating to publication and	11964
printing, postage, delivery, preliminary and final official	11965
statements, offering circulars, and informational statements,	11966
travel and transportation, underwriters, placement agents,	11967
investment bankers, paying agents, registrars, authenticating	11968
agents, remarketing agents, custodians, clearing agencies or	11969
corporations, securities depositories, financial advisory	11970
services, certifications, audits, federal or state regulatory	11971
agencies, accounting and computation services, legal services and	11972
obtaining approving legal opinions and other legal opinions,	11973
credit ratings, redemption premiums, and credit enhancement	11974
facilities. Financing costs may be paid from any moneys available	11975
for the purpose, including, unless otherwise provided in the	11976
proceedings, from the proceeds of the securities to which they	11977
relate and, as to future financing costs, from the same sources	11978
from which debt charges on the securities are paid and as though	11979
debt charges.	11980

(L) "Fiscal officer" means the following, or, in the case of	11981
absence or vacancy in the office, a deputy or assistant authorized	11982
by law or charter to act in the place of the named officer, or if	11983
there is no such authorization then the deputy or assistant	11984
authorized by legislation to act in the place of the named officer	11985
for purposes of this chapter, in the case of the following	11986
subdivisions:	11987

(1) A county, the county auditor;

11988

(2) A municipal corporation, the city auditor or village	11989
clerk or clerk-treasurer, or the officer who, by virtue of a	11990
charter, has the duties and functions provided in the Revised Code	11991
for the city auditor or village clerk or clerk-treasurer;	11992

(3) A school district, the treasurer of the board of	11993
education;	11994

(4) A regional water and sewer district, the secretary of the	11995
board of trustees;	11996

(5) A joint township hospital district, the treasurer of the	11997
district;	11998

(6) A joint ambulance district, the clerk of the board of	11999
trustees;	12000

(7) A joint recreation district, the person designated	12001
pursuant to section 755.15 of the Revised Code;	12002

(8) A detention facility district or a district organized	12003
under section 2151.65 of the Revised Code or a combined district	12004
organized under sections 2152.41 and 2151.65 of the Revised Code,	12005
the county auditor of the county designated by law to act as the	12006
auditor of the district;	12007

(9) A township, a fire district organized under division (C)	12008
of section 505.37 of the Revised Code, or a township police	12009
district, the fiscal officer of the township;	12010

(10) A joint fire district, the clerk of the board of	12011
trustees of that district;	12012

(11) A regional or county library district, the person	12013
responsible for the financial affairs of that district;	12014

(12) A joint solid waste management district, the fiscal	12015
officer appointed by the board of directors of the district under	12016
section 343.01 of the Revised Code;	12017

(13) A joint emergency medical services district, the person	12018
appointed as fiscal officer pursuant to division (D) of section	12019
307.053 of the Revised Code;	12020

(14) A fire and ambulance district, the person appointed as	12021
fiscal officer under division (B) of section 505.375 of the	12022
Revised Code;	12023

(15) A subdivision described in division (MM)~~(17)~~(18) of	12024
this section, the officer who is designated by law as or performs	12025
the functions of its chief fiscal officer;	12026

(16) A joint police district, the treasurer of the district.

12027

(M) "Fiscal year" has the same meaning as in section 9.34 of	12028
the Revised Code.	12029

(N) "Fractionalized interests in public obligations" means	12030
participations, certificates of participation, shares, or other	12031
instruments or agreements, separate from the public obligations	12032
themselves, evidencing ownership of interests in public	12033
obligations or of rights to receive payments of, or on account of,	12034
principal or interest or their equivalents payable by or on behalf	12035
of an obligor pursuant to public obligations.	12036

(O) "Fully registered securities" means securities in	12037
certificated or uncertificated form, registered as to both	12038
principal and interest in the name of the owner.	12039

(P) "Fund" means to provide for the payment of debt charges	12040
and expenses related to that payment at or prior to retirement by	12041
purchase, call for redemption, payment at maturity, or otherwise.	12042

(Q) "General obligation" means securities to the payment of	12043
debt charges on which the full faith and credit and the general	12044
property taxing power, including taxes within the tax limitation	12045
if available to the subdivision, of the subdivision are pledged.	12046

(R) "Interest" or "interest equivalent" means those payments	12047
or portions of payments, however denominated, that constitute or	12048
represent consideration for forbearing the collection of money, or	12049
for deferring the receipt of payment of money to a future time.	12050

(S) "Internal Revenue Code" means the "Internal Revenue Code	12051
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and	12052
includes any laws of the United States providing for application	12053
of that code.	12054

(T) "Issuer" means any public issuer and any nonprofit	12055
corporation authorized to issue securities for or on behalf of any	12056
public issuer.	12057

(U) "Legislation" means an ordinance or resolution passed by	12058
a majority affirmative vote of the then members of the taxing	12059
authority unless a different vote is required by charter	12060
provisions governing the passage of the particular legislation by	12061
the taxing authority.	12062

(V) "Mandatory sinking fund redemption requirements" means	12063
amounts required by proceedings to be deposited in a bond	12064
retirement fund for the purpose of paying in any year or fiscal	12065
year by mandatory redemption prior to stated maturity the	12066
principal of securities that is due and payable, except for	12067
mandatory prior redemption requirements as provided in those	12068
proceedings, in a subsequent year or fiscal year.	12069

(W) "Mandatory sinking fund requirements" means amounts	12070
required by proceedings to be deposited in a year or fiscal year	12071
in a bond retirement fund for the purpose of paying the principal	12072
of securities that is due and payable in a subsequent year or	12073
fiscal year.	12074

(X) "Net indebtedness" has the same meaning as in division	12075
(A) of section 133.04 of the Revised Code.	12076

(Y) "Obligor," in the case of securities or fractionalized	12077
interests in public obligations issued by another person the debt	12078
charges or their equivalents on which are payable from payments	12079
made by a public issuer, means that public issuer.	12080

(Z) "One purpose" relating to permanent improvements means	12081
any one permanent improvement or group or category of permanent	12082
improvements for the same utility, enterprise, system, or project,	12083
development or redevelopment project, or for or devoted to the	12084
same general purpose, function, or use or for which	12085
self-supporting securities, based on the same or different sources	12086
of revenues, may be issued or for which special assessments may be	12087
levied by a single ordinance or resolution. "One purpose"	12088
includes, but is not limited to, in any case any off-street	12089
parking facilities relating to another permanent improvement, and:	12090

(1) Any number of roads, highways, streets, bridges,	12091
sidewalks, and viaducts;	12092

(2) Any number of off-street parking facilities;

12093

(3) In the case of a county, any number of permanent	12094
improvements for courthouse, jail, county offices, and other	12095
county buildings, and related facilities;	12096

(4) In the case of a school district, any number of	12097
facilities and buildings for school district purposes, and related	12098
facilities.	12099

(AA) "Outstanding," referring to securities, means securities	12100
that have been issued, delivered, and paid for, except any of the	12101
following:	12102

(1) Securities canceled upon surrender, exchange, or	12103
transfer, or upon payment or redemption;	12104

(2) Securities in replacement of which or in exchange for	12105
which other securities have been issued;	12106

(3) Securities for the payment, or redemption or purchase for	12107
cancellation prior to maturity, of which sufficient moneys or	12108
investments, in accordance with the applicable legislation or	12109
other proceedings or any applicable law, by mandatory sinking fund	12110
redemption requirements, mandatory sinking fund requirements, or	12111
otherwise, have been deposited, and credited for the purpose in a	12112
bond retirement fund or with a trustee or paying or escrow agent,	12113
whether at or prior to their maturity or redemption, and, in the	12114
case of securities to be redeemed prior to their stated maturity,	12115
notice of redemption has been given or satisfactory arrangements	12116
have been made for giving notice of that redemption, or waiver of	12117
that notice by or on behalf of the affected security holders has	12118
been filed with the subdivision or its agent for the purpose.	12119

(BB) "Paying agent" means the one or more banks, trust	12120
companies, or other financial institutions or qualified persons,	12121
including an appropriate office or officer of the subdivision,	12122
designated as a paying agent or place of payment of debt charges	12123
on the particular securities.	12124

(CC) "Permanent improvement" or "improvement" means any	12125
property, asset, or improvement certified by the fiscal officer,	12126
which certification is conclusive, as having an estimated life or	12127
period of usefulness of five years or more, and includes, but is	12128
not limited to, real estate, buildings, and personal property and	12129
interests in real estate, buildings, and personal property,	12130
equipment, furnishings, and site improvements, and reconstruction,	12131
rehabilitation, renovation, installation, improvement,	12132
enlargement, and extension of property, assets, or improvements so	12133
certified as having an estimated life or period of usefulness of	12134
five years or more. The acquisition of all the stock ownership of	12135
a corporation is the acquisition of a permanent improvement to the	12136
extent that the value of that stock is represented by permanent	12137
improvements. A permanent improvement for parking, highway, road,	12138
and street purposes includes resurfacing, but does not include	12139
ordinary repair.	12140

(DD) "Person" has the same meaning as in section 1.59 of the	12141
Revised Code and also includes any federal, state, interstate,	12142
regional, or local governmental agency, any subdivision, and any	12143
combination of those persons.	12144

(EE) "Proceedings" means the legislation, certifications,	12145
notices, orders, sale proceedings, trust agreement or indenture,	12146
mortgage, lease, lease-purchase agreement, assignment, credit	12147
enhancement facility agreements, and other agreements,	12148
instruments, and documents, as amended and supplemented, and any	12149
election proceedings, authorizing, or providing for the terms and	12150
conditions applicable to, or providing for the security or sale or	12151
award of, public obligations, and includes the provisions set	12152
forth or incorporated in those public obligations and proceedings.	12153

(FF) "Public issuer" means any of the following that is	12154
authorized by law to issue securities or enter into public	12155
obligations:	12156

(1) The state, including an agency, commission, officer,	12157
institution, board, authority, or other instrumentality of the	12158
state;	12159

(2) A taxing authority, subdivision, district, or other local	12160
public or governmental entity, and any combination or consortium,	12161
or public division, district, commission, authority, department,	12162
board, officer, or institution, thereof;	12163

(3) Any other body corporate and politic, or other public	12164
entity.	12165

(GG) "Public obligations" means both of the following:

12166

(1) Securities;

12167

(2) Obligations of a public issuer to make payments under	12168
installment sale, lease, lease purchase, or similar agreements,	12169
which obligations may bear interest or interest equivalent.	12170

(HH) "Refund" means to fund and retire outstanding	12171
securities, including advance refunding with or without payment or	12172
redemption prior to maturity.	12173

(II) "Register" means the books kept and maintained by the	12174
registrar for registration, exchange, and transfer of registered	12175
securities.	12176

(JJ) "Registrar" means the person responsible for keeping the	12177
register for the particular registered securities, designated by	12178
or pursuant to the proceedings.	12179

(KK) "Securities" means bonds, notes, certificates of	12180
indebtedness, commercial paper, and other instruments in writing,	12181
including, unless the context does not admit, anticipatory	12182
securities, issued by an issuer to evidence its obligation to	12183
repay money borrowed, or to pay interest, by, or to pay at any	12184
future time other money obligations of, the issuer of the	12185
securities, but not including public obligations described in	12186
division (GG)(2) of this section.	12187

(LL) "Self-supporting securities" means securities or	12188
portions of securities issued for the purpose of paying costs of	12189
permanent improvements to the extent that receipts of the	12190
subdivision, other than the proceeds of taxes levied by that	12191
subdivision, derived from or with respect to the improvements or	12192
the operation of the improvements being financed, or the	12193
enterprise, system, project, or category of improvements of which	12194
the improvements being financed are part, are estimated by the	12195
fiscal officer to be sufficient to pay the current expenses of	12196
that operation or of those improvements or enterprise, system,	12197
project, or categories of improvements and the debt charges	12198
payable from those receipts on securities issued for the purpose.	12199
Until such time as the improvements or increases in rates and	12200
charges have been in operation or effect for a period of at least	12201
six months, the receipts therefrom, for purposes of this	12202
definition, shall be those estimated by the fiscal officer, except	12203
that those receipts may include, without limitation, payments made	12204
and to be made to the subdivision under leases or agreements in	12205
effect at the time the estimate is made. In the case of an	12206
operation, improvements, or enterprise, system, project, or	12207
category of improvements without at least a six-month history of	12208
receipts, the estimate of receipts by the fiscal officer, other	12209
than those to be derived under leases and agreements then in	12210
effect, shall be confirmed by the taxing authority.	12211

(MM) "Subdivision" means any of the following:

12212

(1) A county, including a county that has adopted a charter	12213
under Article X, Ohio Constitution;	12214

(2) A municipal corporation, including a municipal	12215
corporation that has adopted a charter under Article XVIII, Ohio	12216
Constitution;	12217

(3) A school district;

12218

(4) A regional water and sewer district organized under	12219
Chapter 6119. of the Revised Code;	12220

(5) A joint township hospital district organized under	12221
section 513.07 of the Revised Code;	12222

(6) A joint ambulance district organized under section 505.71	12223
of the Revised Code;	12224

(7) A joint recreation district organized under division (C)	12225
of section 755.14 of the Revised Code;	12226

(8) A detention facility district organized under section	12227
2152.41, a district organized under section 2151.65, or a combined	12228
district organized under sections 2152.41 and 2151.65 of the	12229
Revised Code;	12230

(9) A township police district organized under section 505.48	12231
of the Revised Code;	12232

(10) A township;

12233

(11) A joint fire district organized under section 505.371 of	12234
the Revised Code;	12235

(12) A county library district created under section 3375.19	12236
or a regional library district created under section 3375.28 of	12237
the Revised Code;	12238

(13) A joint solid waste management district organized under	12239
section 343.01 or 343.012 of the Revised Code;	12240

(14) A joint emergency medical services district organized	12241
under section 307.052 of the Revised Code;	12242

(15) A fire and ambulance district organized under section	12243
505.375 of the Revised Code;	12244

(16) A fire district organized under division (C) of section	12245
505.37 of the Revised Code;	12246

(17) A joint police district organized under section 505.482	12247
of the Revised Code;	12248

(18) Any other political subdivision or taxing district or	12249
other local public body or agency authorized by this chapter or	12250
other laws to issue Chapter 133. securities.	12251

(NN) "Taxing authority" means in the case of the following	12252
subdivisions:	12253

(1) A county, a county library district, or a regional	12254
library district, the board or boards of county commissioners, or	12255
other legislative authority of a county that has adopted a charter	12256
under Article X, Ohio Constitution, but with respect to such a	12257
library district acting solely as agent for the board of trustees	12258
of that district;	12259

(2) A municipal corporation, the legislative authority;

12260

(3) A school district, the board of education;

12261

(4) A regional water and sewer district, a joint ambulance	12262
district, a joint recreation district, a fire and ambulance	12263
district, or a joint fire district, the board of trustees of the	12264
district;	12265

(5) A joint township hospital district, the joint township	12266
hospital board;	12267

(6) A detention facility district or a district organized	12268
under section 2151.65 of the Revised Code, a combined district	12269
organized under sections 2152.41 and 2151.65 of the Revised Code,	12270
or a joint emergency medical services district, the joint board of	12271
county commissioners;	12272

(7) A township, a fire district organized under division (C)	12273
of section 505.37 of the Revised Code, or a township police	12274
district, the board of township trustees;	12275

(8) A joint solid waste management district organized under	12276
section 343.01 or 343.012 of the Revised Code, the board of	12277
directors of the district;	12278

(9) A subdivision described in division (MM)~~(17)~~(18) of this	12279
section, the legislative or governing body or official;	12280

(10) A joint police district, the joint police district	12281
board.	12282

(OO) "Tax limitation" means the "ten-mill limitation" as	12283
defined in section 5705.02 of the Revised Code without diminution	12284
by reason of section 5705.313 of the Revised Code or otherwise,	12285
or, in the case of a municipal corporation or county with a	12286
different charter limitation on property taxes levied to pay debt	12287
charges on unvoted securities, that charter limitation. Those	12288
limitations shall be respectively referred to as the "ten-mill	12289
limitation" and the "charter tax limitation."	12290

(PP) "Tax valuation" means the aggregate of the valuations of	12291
property subject to ad valorem property taxation by the	12292
subdivision on the real property, personal property, and public	12293
utility property tax lists and duplicates most recently certified	12294
for collection, and shall be calculated without deductions of the	12295
valuations of otherwise taxable property exempt in whole or in	12296
part from taxation by reason of exemptions of certain amounts of	12297
taxable value under division (C) of section 5709.01, tax	12298
reductions under section 323.152 of the Revised Code, or similar	12299
laws now or in the future in effect.	12300

For purposes of section 133.06 of the Revised Code, "tax	12301
valuation" shall not include the valuation of tangible personal	12302
property used in business, telephone or telegraph property,	12303
interexchange telecommunications company property, or personal	12304
property owned or leased by a railroad company and used in	12305
railroad operations listed under or described in section 5711.22,	12306
division (B) or (F) of section 5727.111, or section 5727.12 of the	12307
Revised Code.	12308

(QQ) "Year" means the calendar year.

12309

(RR) "Administrative agent," "agent," "commercial paper,"	12310
"floating rate interest structure," "indexing agent," "interest	12311
rate hedge," "interest rate period," "put arrangement," and	12312
"remarketing agent" have the same meanings as in section 9.98 of	12313
the Revised Code.	12314

(SS) "Sales tax supported" means obligations to the payment	12315
of debt charges on which an additional sales tax or additional	12316
sales taxes have been pledged by the taxing authority of a county	12317
pursuant to section 133.081 of the Revised Code.	12318

Sec. 133.06. (A) A school district shall not incur, without	12319
a vote of the electors, net indebtedness that exceeds an amount	12320
equal to one-tenth of one per cent of its tax valuation, except as	12321
provided in divisions (G) and (H) of this section and in division	12322
(C) of section 3313.372 of the Revised Code, or as prescribed in	12323
section 3318.052 or 3318.44 of the Revised Code, or as provided in	12324
division (J) of this section.	12325

(B) Except as provided in divisions (E), (F), and (I) of this	12326
section, a school district shall not incur net indebtedness that	12327
exceeds an amount equal to nine per cent of its tax valuation.	12328

(C) A school district shall not submit to a vote of the	12329
electors the question of the issuance of securities in an amount	12330
that will make the district's net indebtedness after the issuance	12331
of the securities exceed an amount equal to four per cent of its	12332
tax valuation, unless the superintendent of public instruction,	12333
acting under policies adopted by the state board of education, and	12334
the tax commissioner, acting under written policies of the	12335
commissioner, consent to the submission. A request for the	12336
consents shall be made at least one hundred twenty days prior to	12337
the election at which the question is to be submitted.	12338

The superintendent of public instruction shall certify to the	12339
district the superintendent's and the tax commissioner's decisions	12340
within thirty days after receipt of the request for consents.	12341

If the electors do not approve the issuance of securities at	12342
the election for which the superintendent of public instruction	12343
and tax commissioner consented to the submission of the question,	12344
the school district may submit the same question to the electors	12345
on the date that the next special election may be held under	12346
section 3501.01 of the Revised Code without submitting a new	12347
request for consent. If the school district seeks to submit the	12348
same question at any other subsequent election, the district shall	12349
first submit a new request for consent in accordance with this	12350
division.	12351

(D) In calculating the net indebtedness of a school district,	12352
none of the following shall be considered:	12353

(1) Securities issued to acquire school buses and other	12354
equipment used in transporting pupils or issued pursuant to	12355
division (D) of section 133.10 of the Revised Code;	12356

(2) Securities issued under division (F) of this section,	12357
under section 133.301 of the Revised Code, and, to the extent in	12358
excess of the limitation stated in division (B) of this section,	12359
under division (E) of this section;	12360

(3) Indebtedness resulting from the dissolution of a joint	12361
vocational school district under section 3311.217 of the Revised	12362
Code, evidenced by outstanding securities of that joint vocational	12363
school district;	12364

(4) Loans, evidenced by any securities, received under	12365
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	12366
Revised Code;	12367

(5) Debt incurred under section 3313.374 of the Revised Code;

12368

(6) Debt incurred pursuant to division (B)(5) of section	12369
3313.37 of the Revised Code to acquire computers and related	12370
hardware;	12371

(7) Debt incurred under section 3318.042 of the Revised Code.

12372

(E) A school district may become a special needs district as	12373
to certain securities as provided in division (E) of this section.	12374

(1) A board of education, by resolution, may declare its	12375
school district to be a special needs district by determining both	12376
of the following:	12377

(a) The student population is not being adequately serviced	12378
by the existing permanent improvements of the district.	12379

(b) The district cannot obtain sufficient funds by the	12380
issuance of securities within the limitation of division (B) of	12381
this section to provide additional or improved needed permanent	12382
improvements in time to meet the needs.	12383

(2) The board of education shall certify a copy of that	12384
resolution to the superintendent of public instruction with a	12385
statistical report showing all of the following:	12386

(a) A history of and a projection of the growth of the	12387
student population;	12388

(b) The history of and a projection of the growth of the tax	12389
valuation;	12390

12391

(d) The estimated cost of permanent improvements proposed to	12392
meet such projected needs.	12393

(3) The superintendent of public instruction shall certify	12394
the district as an approved special needs district if the	12395
superintendent finds both of the following:	12396

(a) The district does not have available sufficient	12397
additional funds from state or federal sources to meet the	12398
projected needs.	12399

(b) The projection of the potential average growth of tax	12400
valuation during the next five years, according to the information	12401
certified to the superintendent and any other information the	12402
superintendent obtains, indicates a likelihood of potential	12403
average growth of tax valuation of the district during the next	12404
five years of an average of not less than three per cent per year.	12405
The findings and certification of the superintendent shall be	12406
conclusive.	12407

(4) An approved special needs district may incur net	12408
indebtedness by the issuance of securities in accordance with the	12409
provisions of this chapter in an amount that does not exceed an	12410
amount equal to the greater of the following:	12411

(a) Nine per cent of the sum of its tax valuation plus an	12412
amount that is the product of multiplying that tax valuation by	12413
the percentage by which the tax valuation has increased over the	12414
tax valuation on the first day of the sixtieth month preceding the	12415
month in which its board determines to submit to the electors the	12416
question of issuing the proposed securities;	12417

(b) Nine per cent of the sum of its tax valuation plus an	12418
amount that is the product of multiplying that tax valuation by	12419
the percentage, determined by the superintendent of public	12420
instruction, by which that tax valuation is projected to increase	12421
during the next ten years.	12422

(F) A school district may issue securities for emergency	12423
purposes, in a principal amount that does not exceed an amount	12424
equal to three per cent of its tax valuation, as provided in this	12425
division.	12426

(1) A board of education, by resolution, may declare an	12427
emergency if it determines both of the following:	12428

(a) School buildings or other necessary school facilities in	12429
the district have been wholly or partially destroyed, or condemned	12430
by a constituted public authority, or that such buildings or	12431
facilities are partially constructed, or so constructed or planned	12432
as to require additions and improvements to them before the	12433
buildings or facilities are usable for their intended purpose, or	12434
that corrections to permanent improvements are necessary to remove	12435
or prevent health or safety hazards.	12436

(b) Existing fiscal and net indebtedness limitations make	12437
adequate replacement, additions, or improvements impossible.	12438

(2) Upon the declaration of an emergency, the board of	12439
education may, by resolution, submit to the electors of the	12440
district pursuant to section 133.18 of the Revised Code the	12441
question of issuing securities for the purpose of paying the cost,	12442
in excess of any insurance or condemnation proceeds received by	12443
the district, of permanent improvements to respond to the	12444
emergency need.	12445

(3) The procedures for the election shall be as provided in	12446
section 133.18 of the Revised Code, except that:	12447

(a) The form of the ballot shall describe the emergency	12448
existing, refer to this division as the authority under which the	12449
emergency is declared, and state that the amount of the proposed	12450
securities exceeds the limitations prescribed by division (B) of	12451
this section;	12452

(b) The resolution required by division (B) of section 133.18	12453
of the Revised Code shall be certified to the county auditor and	12454
the board of elections at least one hundred days prior to the	12455
election;	12456

(c) The county auditor shall advise and, not later than	12457
ninety-five days before the election, confirm that advice by	12458
certification to, the board of education of the information	12459
required by division (C) of section 133.18 of the Revised Code;	12460

(d) The board of education shall then certify its resolution	12461
and the information required by division (D) of section 133.18 of	12462
the Revised Code to the board of elections not less than ninety	12463
days prior to the election.	12464

(4) Notwithstanding division (B) of section 133.21 of the	12465
Revised Code, the first principal payment of securities issued	12466
under this division may be set at any date not later than sixty	12467
months after the earliest possible principal payment otherwise	12468
provided for in that division.	12469

(G) The board of education may contract with an architect,	12470
professional engineer, or other person experienced in the design	12471
and implementation of energy conservation measures for an analysis	12472
and recommendations pertaining to installations, modifications of	12473
installations, or remodeling that would significantly reduce	12474
energy consumption in buildings owned by the district. The report	12475
shall include estimates of all costs of such installations,	12476
modifications, or remodeling, including costs of design,	12477
engineering, installation, maintenance, repairs, and debt service,	12478
forgone residual value of materials or equipment replaced by the	12479
energy conservation measure, as defined by the Ohio school	12480
facilities commission, a baseline analysis of actual energy	12481
consumption data for the preceding five years, and estimates of	12482
the amounts by which energy consumption and resultant operational	12483
and maintenance costs, as defined by the ~~Ohio school facilities~~	12484
commission, would be reduced.	12485

If the board finds after receiving the report that the amount	12486
of money the district would spend on such installations,	12487
modifications, or remodeling is not likely to exceed the amount of	12488
money it would save in energy and resultant operational and	12489
maintenance costs over the ensuing fifteen years, the board may	12490
submit to the commission a copy of its findings and a request for	12491
approval to incur indebtedness to finance the making or	12492
modification of installations or the remodeling of buildings for	12493
the purpose of significantly reducing energy consumption.	12494

If the commission determines that the board's findings are	12495
reasonable, it shall approve the board's request. Upon receipt of	12496
the commission's approval, the district may issue securities	12497
without a vote of the electors in a principal amount not to exceed	12498
nine-tenths of one per cent of its tax valuation for the purpose	12499
of making such installations, modifications, or remodeling, but	12500
the total net indebtedness of the district without a vote of the	12501
electors incurred under this and all other sections of the Revised	12502
Code, except section 3318.052 of the Revised Code, shall not	12503
exceed one per cent of the district's tax valuation.	12504

So long as any securities issued under division (G) of this	12505
section remain outstanding, the board of education shall monitor	12506
the energy consumption and resultant operational and maintenance	12507
costs of buildings in which installations or modifications have	12508
been made or remodeling has been done pursuant to division (G) of	12509
this section and shall maintain and annually update a report	12510
documenting the reductions in energy consumption and resultant	12511
operational and maintenance cost savings attributable to such	12512
installations, modifications, or remodeling. The report shall be	12513
certified by an architect or engineer independent of any person	12514
that provided goods or services to the board in connection with	12515
the energy conservation measures that are the subject of the	12516
report. The resultant operational and maintenance cost savings	12517
shall be certified by the school district treasurer. The report	12518
shall be ~~made available~~submitted annually to the commission ~~upon~~	12519
~~request~~.	12520

(H) With the consent of the superintendent of public	12521
instruction, a school district may incur without a vote of the	12522
electors net indebtedness that exceeds the amounts stated in	12523
divisions (A) and (G) of this section for the purpose of paying	12524
costs of permanent improvements, if and to the extent that both of	12525
the following conditions are satisfied:	12526

(1) The fiscal officer of the school district estimates that	12527
receipts of the school district from payments made under or	12528
pursuant to agreements entered into pursuant to section 725.02,	12529
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	12530
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	12531
Code, or distributions under division (C) of section 5709.43 of	12532
the Revised Code, or any combination thereof, are, after	12533
accounting for any appropriate coverage requirements, sufficient	12534
in time and amount, and are committed by the proceedings, to pay	12535
the debt charges on the securities issued to evidence that	12536
indebtedness and payable from those receipts, and the taxing	12537
authority of the district confirms the fiscal officer's estimate,	12538
which confirmation is approved by the superintendent of public	12539
instruction;	12540

(2) The fiscal officer of the school district certifies, and	12541
the taxing authority of the district confirms, that the district,	12542
at the time of the certification and confirmation, reasonably	12543
expects to have sufficient revenue available for the purpose of	12544
operating such permanent improvements for their intended purpose	12545
upon acquisition or completion thereof, and the superintendent of	12546
public instruction approves the taxing authority's confirmation.	12547

The maximum maturity of securities issued under division (H)	12548
of this section shall be the lesser of twenty years or the maximum	12549
maturity calculated under section 133.20 of the Revised Code.	12550

(I) A school district may incur net indebtedness by the	12551
issuance of securities in accordance with the provisions of this	12552
chapter in excess of the limit specified in division (B) or (C) of	12553
this section when necessary to raise the school district portion	12554
of the basic project cost and any additional funds necessary to	12555
participate in a project under Chapter 3318. of the Revised Code,	12556
including the cost of items designated by the Ohio school	12557
facilities commission as required locally funded initiatives and	12558
the cost for site acquisition. The school facilities commission	12559
shall notify the superintendent of public instruction whenever a	12560
school district will exceed either limit pursuant to this	12561
division.	12562

(J) A school district whose portion of the basic project cost	12563
of its classroom facilities project under sections 3318.01 to	12564
3318.20 of the Revised Code is greater than or equal to one	12565
hundred million dollars may incur without a vote of the electors	12566
net indebtedness in an amount up to two per cent of its tax	12567
valuation through the issuance of general obligation securities in	12568
order to generate all or part of the amount of its portion of the	12569
basic project cost if the controlling board has approved the	12570
school facilities commission's conditional approval of the project	12571
under section 3318.04 of the Revised Code. The school district	12572
board and the Ohio school facilities commission shall include the	12573
dedication of the proceeds of such securities in the agreement	12574
entered into under section 3318.08 of the Revised Code. No state	12575
moneys shall be released for a project to which this section	12576
applies until the proceeds of any bonds issued under this section	12577
that are dedicated for the payment of the school district portion	12578
of the project are first deposited into the school district's	12579
project construction fund.	12580

Sec. 133.18. (A) The taxing authority of a subdivision may	12581
by legislation submit to the electors of the subdivision the	12582
question of issuing any general obligation bonds, for one purpose,	12583
that the subdivision has power or authority to issue.	12584

(B) When the taxing authority of a subdivision desires or is	12585
required by law to submit the question of a bond issue to the	12586
electors, it shall pass legislation that does all of the	12587
following:	12588

(1) Declares the necessity and purpose of the bond issue;

12589

(2) States the date of the authorized election at which the	12590
question shall be submitted to the electors;	12591

(3) States the amount, approximate date, estimated net	12592
average rate of interest, and maximum number of years over which	12593
the principal of the bonds may be paid;	12594

(4) Declares the necessity of levying a tax outside the tax	12595
limitation to pay the debt charges on the bonds and any	12596
anticipatory securities.	12597

The estimated net average interest rate shall be determined	12598
by the taxing authority based on, among other factors, then	12599
existing market conditions, and may reflect adjustments for any	12600
anticipated direct payments expected to be received by the taxing	12601
authority from the government of the United States relating to the	12602
bonds and the effect of any federal tax credits anticipated to be	12603
available to owners of all or a portion of the bonds. The	12604
estimated net average rate of interest, and any statutory or	12605
charter limit on interest rates that may then be in effect and	12606
that is subsequently amended, shall not be a limitation on the	12607
actual interest rate or rates on the securities when issued.	12608

(C)(1) The taxing authority shall certify a copy of the	12609
legislation passed under division (B) of this section to the	12610
county auditor. The county auditor shall promptly calculate and	12611
advise and, not later than seventy-five days before the election,	12612
confirm that advice by certification to, the taxing authority the	12613
estimated average annual property tax levy, expressed in cents or	12614
dollars and cents for each one hundred dollars of tax valuation	12615
and in mills for each one dollar of tax valuation, that the county	12616
auditor estimates to be required throughout the stated maturity of	12617
the bonds to pay the debt charges on the bonds. In calculating the	12618
estimated average annual property tax levy for this purpose, the	12619
county auditor shall assume that the bonds are issued in one	12620
series bearing interest and maturing in substantially equal	12621
principal amounts in each year over the maximum number of years	12622
over which the principal of the bonds may be paid as stated in	12623
that legislation, and that the amount of the tax valuation of the	12624
subdivision for the current year remains the same throughout the	12625
maturity of the bonds, except as otherwise provided in division	12626
(C)(2) of this section. If the tax valuation for the current year	12627
is not determined, the county auditor shall base the calculation	12628
on the estimated amount of the tax valuation submitted by the	12629
county auditor to the county budget commission. If the subdivision	12630
is located in more than one county, the county auditor shall	12631
obtain the assistance of the county auditors of the other	12632
counties, and those county auditors shall provide assistance, in	12633
establishing the tax valuation of the subdivision for purposes of	12634
certifying the estimated average annual property tax levy.	12635

(2) When considering the tangible personal property component	12636
of the tax valuation of the subdivision, the county auditor shall	12637
take into account the assessment percentages prescribed in section	12638
5711.22 of the Revised Code. The tax commissioner may issue rules,	12639
orders, or instructions directing how the assessment percentages	12640
must be utilized.	12641

(D) After receiving the county auditor's advice under	12642
division (C) of this section, the taxing authority by legislation	12643
may determine to proceed with submitting the question of the issue	12644
of securities, and shall, not later than the seventy-fifth day	12645
before the day of the election, file the following with the board	12646
of elections:	12647

(1) Copies of the legislation provided for in divisions (B)	12648
and (D) of this section;	12649

(2) The amount of the estimated average annual property tax	12650
levy, expressed in cents or dollars and cents for each one hundred	12651
dollars of tax valuation and in mills for each one dollar of tax	12652
valuation, as estimated and certified to the taxing authority by	12653
the county auditor.	12654

(E)(1) The board of elections shall prepare the ballots and	12655
make other necessary arrangements for the submission of the	12656
question to the electors of the subdivision. If the subdivision is	12657
located in more than one county, the board shall inform the boards	12658
of elections of the other counties of the filings with it, and	12659
those other boards shall if appropriate make the other necessary	12660
arrangements for the election in their counties. The election	12661
shall be conducted, canvassed, and certified in the manner	12662
provided in Title XXXV of the Revised Code.	12663

(2) The election shall be held at the regular places for	12664
voting in the subdivision. If the electors of only a part of a	12665
precinct are qualified to vote at the election the board of	12666
elections may assign the electors in that part to an adjoining	12667
precinct, including an adjoining precinct in another county if the	12668
board of elections of the other county consents to and approves	12669
the assignment. Each elector so assigned shall be notified of that	12670
fact prior to the election by notice mailed by the board of	12671
elections, in such manner as it determines, prior to the election.	12672

(3) The board of elections shall publish a notice of the	12673
election,once in ~~one or more newspapers~~a newspaper of general	12674
circulation in the subdivision, ~~at least once~~ no later than ten	12675
days prior to the election. The notice shall state all of the	12676
following:	12677

(a) The principal amount of the proposed bond issue;

12678

(b) The stated purpose for which the bonds are to be issued;

12679

(c) The maximum number of years over which the principal of	12680
the bonds may be paid;	12681

(d) The estimated additional average annual property tax	12682
levy, expressed in cents or dollars and cents for each one hundred	12683
dollars of tax valuation and in mills for each one dollar of tax	12684
valuation, to be levied outside the tax limitation, as estimated	12685
and certified to the taxing authority by the county auditor;	12686

(e) The first calendar year in which the tax is expected to	12687
be due.	12688

(F)(1) The form of the ballot to be used at the election	12689
shall be substantially either of the following, as applicable:	12690

(a) "Shall bonds be issued by the ............ (name of	12691
subdivision) for the purpose of ........... (purpose of the bond	12692
issue) in the principal amount of .......... (principal amount of	12693
the bond issue), to be repaid annually over a maximum period of	12694
.......... (the maximum number of years over which the principal	12695
of the bonds may be paid) years, and an annual levy of property	12696
taxes be made outside the .......... (as applicable, "ten-mill" or	12697
"...charter tax") limitation, estimated by the county auditor to	12698
average over the repayment period of the bond issue ..........	12699
(number of mills) mills for each one dollar of tax valuation,	12700
which amounts to .......... (rate expressed in cents or dollars	12701
and cents, such as "36 cents" or "$1.41") for each one hundred	12702
dollars of tax valuation, commencing in .......... (first year the	12703
tax will be levied), first due in calendar year .......... (first	12704
calendar year in which the tax shall be due), to pay the annual	12705
debt charges on the bonds, and to pay debt charges on any notes	12706
issued in anticipation of those bonds?	12707

12708

		For the bond issue			12709
		Against the bond issue	"		12710

12711

(b) In the case of an election held pursuant to legislation	12712
adopted under section 3375.43 or 3375.431 of the Revised Code:	12713

"Shall bonds be issued for .......... (name of library) for	12714
the purpose of .......... (purpose of the bond issue), in the	12715
principal amount of .......... (amount of the bond issue) by	12716
.......... (the name of the subdivision that is to issue the bonds	12717
and levy the tax) as the issuer of the bonds, to be repaid	12718
annually over a maximum period of .......... (the maximum number	12719
of years over which the principal of the bonds may be paid) years,	12720
and an annual levy of property taxes be made outside the ten-mill	12721
limitation, estimated by the county auditor to average over the	12722
repayment period of the bond issue .......... (number of mills)	12723
mills for each one dollar of tax valuation, which amounts to	12724
.......... (rate expressed in cents or dollars and cents, such as	12725
"36 cents" or "$1.41") for each one hundred dollars of tax	12726
valuation, commencing in .......... (first year the tax will be	12727
levied), first due in calendar year .......... (first calendar	12728
year in which the tax shall be due), to pay the annual debt	12729
charges on the bonds, and to pay debt charges on any notes issued	12730
in anticipation of those bonds?	12731

12732

		For the bond issue			12733
		Against the bond issue	"		12734

12735

(2) The purpose for which the bonds are to be issued shall be	12736
printed in the space indicated, in boldface type.	12737

(G) The board of elections shall promptly certify the results	12738
of the election to the tax commissioner, the county auditor of	12739
each county in which any part of the subdivision is located, and	12740
the fiscal officer of the subdivision. The election, including the	12741
proceedings for and result of the election, is incontestable other	12742
than in a contest filed under section 3515.09 of the Revised Code	12743
in which the plaintiff prevails.	12744

(H) If a majority of the electors voting upon the question	12745
vote for it, the taxing authority of the subdivision may proceed	12746
under sections 133.21 to 133.33 of the Revised Code with the	12747
issuance of the securities and with the levy and collection of a	12748
property tax outside the tax limitation during the period the	12749
securities are outstanding sufficient in amount to pay the debt	12750
charges on the securities, including debt charges on any	12751
anticipatory securities required to be paid from that tax. If	12752
legislation passed under section 133.22 or 133.23 of the Revised	12753
Code authorizing those securities is filed with the county auditor	12754
on or before the last day of November, the amount of the voted	12755
property tax levy required to pay debt charges or estimated debt	12756
charges on the securities payable in the following year shall if	12757
requested by the taxing authority be included in the taxes levied	12758
for collection in the following year under section 319.30 of the	12759
Revised Code.	12760

(I)(1) If, before any securities authorized at an election	12761
under this section are issued, the net indebtedness of the	12762
subdivision exceeds that applicable to that subdivision or those	12763
securities, then and so long as that is the case none of the	12764
securities may be issued.	12765

(2) No securities authorized at an election under this	12766
section may be initially issued after the first day of the sixth	12767
January following the election, but this period of limitation	12768
shall not run for any time during which any part of the permanent	12769
improvement for which the securities have been authorized, or the	12770
issuing or validity of any part of the securities issued or to be	12771
issued, or the related proceedings, is involved or questioned	12772
before a court or a commission or other tribunal, administrative	12773
agency, or board.	12774

(3) Securities representing a portion of the amount	12775
authorized at an election that are issued within the applicable	12776
limitation on net indebtedness are valid and in no manner affected	12777
by the fact that the balance of the securities authorized cannot	12778
be issued by reason of the net indebtedness limitation or lapse of	12779
time.	12780

(4) Nothing in this division (I) shall be interpreted or	12781
applied to prevent the issuance of securities in an amount to fund	12782
or refund anticipatory securities lawfully issued.	12783

(5) The limitations of divisions (I)(1) and (2) of this	12784
section do not apply to any securities authorized at an election	12785
under this section if at least ten per cent of the principal	12786
amount of the securities, including anticipatory securities,	12787
authorized has theretofore been issued, or if the securities are	12788
to be issued for the purpose of participating in any federally or	12789
state-assisted program.	12790

(6) The certificate of the fiscal officer of the subdivision	12791
is conclusive proof of the facts referred to in this division.	12792

Sec. 133.20. (A) This section applies to bonds that are	12793
general obligation Chapter 133. securities. If the bonds are	12794
payable as to principal by provision for annual installments, the	12795
period of limitations on their last maturity, referred to as their	12796
maximum maturity, shall be measured from a date twelve months	12797
prior to the first date on which provision for payment of	12798
principal is made. If the bonds are payable as to principal by	12799
provision for semiannual installments, the period of limitations	12800
on their last maturity shall be measured from a date six months	12801
prior to the first date on which provision for payment of	12802
principal is made.	12803

(B) Bonds issued for the following permanent improvements or	12804
for permanent improvements for the following purposes shall have	12805
maximum maturities not exceeding the number of years stated:	12806

(1) Fifty years:

12807

(a) The clearance and preparation of real property for	12808
redevelopment as an urban redevelopment project;	12809

(b) Acquiring, constructing, widening, relocating, enlarging,	12810
extending, and improving a publicly owned railroad or line of	12811
railway or a light or heavy rail rapid transit system, including	12812
related bridges, overpasses, underpasses, and tunnels, but not	12813
including rolling stock or equipment;	12814

(c) Pursuant to section 307.675 of the Revised Code,	12815
constructing or repairing a bridge using long life expectancy	12816
material for the bridge deck, and purchasing, installing, and	12817
maintaining any performance equipment to monitor the physical	12818
condition of a bridge so constructed or repaired. Additionally,	12819
the average maturity of the bonds shall not exceed the expected	12820
useful life of the bridge deck as determined by the county	12821
engineer under that section.	12822

(2) Forty years:

12823

(a) General waterworks or water system permanent	12824
improvements, including buildings, water mains, or other	12825
structures and facilities in connection therewith;	12826

(b) Sewers or sewage treatment or disposal works or	12827
facilities, including fireproof buildings or other structures in	12828
connection therewith;	12829

(c) Storm water drainage, surface water, and flood prevention	12830
facilities.	12831

(3) Thirty-five years:

12832

(a) An arena, a convention center, or a combination of an	12833
arena and convention center under section 307.695 of the Revised	12834
Code;	12835

(b) Sports facilities.

12836

(4) Thirty years:

12837

(a) Municipal recreation, excluding recreational equipment;

12838

(b) Urban redevelopment projects;

12839

(c) Acquisition of real property, except as provided in	12840
division (F) of this section;	12841

(d) Street or alley lighting purposes or relocating overhead	12842
wires, cables, and appurtenant equipment underground.	12843

(5) Twenty years: constructing, reconstructing, widening,	12844
opening, improving, grading, draining, paving, extending, or	12845
changing the line of roads, highways, expressways, freeways,	12846
streets, sidewalks, alleys, or curbs and gutters, and related	12847
bridges, viaducts, overpasses, underpasses, grade crossing	12848
eliminations, service and access highways, and tunnels.	12849

(6) Fifteen years:

12850

(a) Resurfacing roads, highways, streets, or alleys;

12851

(b) Alarm, telegraph, or other communications systems for	12852
police or fire departments or other emergency services;	12853

12854

(d) Energy conservation measures as authorized by section	12855
133.06 of the Revised Code.	12856

(7) Ten years:

12857

(a) Water meters;

12858

(b) Fire department apparatus and equipment;

12859

(c) Road rollers and other road construction and servicing	12860
vehicles;	12861

(d) Furniture, equipment, and furnishings;

12862

(e) Landscape planting and other site improvements;

12863

(f) Playground, athletic, and recreational equipment and	12864
apparatus;	12865

(g) Energy conservation measures as authorized by section	12866
505.264 of the Revised Code.	12867

(8) Five years: New motor vehicles other than those described	12868
in any other division of this section and those for which	12869
provision is made in other provisions of the Revised Code.	12870

(C) Bonds issued for any permanent improvements not within	12871
the categories set forth in division (B) of this section shall	12872
have maximum maturities of from five to thirty years as the fiscal	12873
officer estimates is the estimated life or period of usefulness of	12874
those permanent improvements. Bonds issued under section 133.51 of	12875
the Revised Code for purposes other than permanent improvements	12876
shall have the maturities, not to exceed forty years, that the	12877
taxing authority shall specify. Bonds issued for energy	12878
conservation measures under section 307.041 of the Revised Code	12879
shall have maximum maturities not exceeding the lesser of the	12880
average life of the energy conservation measures as detailed in	12881
the energy conservation report prepared under that section or	12882
thirty years.	12883

(D) Securities issued under section 505.265 of the Revised	12884
Code shall mature not later than December 31, 2035.	12885

(E) A securities issue for one purpose may include permanent	12886
improvements within two or more categories under divisions (B) and	12887
(C) of this section. The maximum maturity of such a bond issue	12888
shall not exceed the average number of years of life or period of	12889
usefulness of the permanent improvements as measured by the	12890
weighted average of the amounts expended or proposed to be	12891
expended for the categories of permanent improvements.	12892

(F) Securities issued by a school district or county to	12893
acquire or construct real property shall have a maximum maturity	12894
longer than thirty years, but not longer than forty years, if the	12895
~~school district's~~ fiscal officer of the school district or county	12896
estimates the real property's useful life to be longer than thirty	12897
years, and certifies that estimate to the board of education or	12898
board of county commissioners, respectively.	12899

Sec. 133.55. Before adopting any reassessment provided for	12900
in section 133.54 of the Revised Code, the fiscal officer shall	12901
prepare and file for public inspection a list containing the names	12902
of the owners, a tax duplicate description of each parcel of land	12903
on which the reassessment will be levied, and the total amount to	12904
be reassessed, separately stated as to each parcel, and the taxing	12905
authority shall publish notice for two consecutive weeks in a	12906
newspaper of general circulation in the political subdivision, or	12907
as provided in section 7.16 of the Revised Code, that such	12908
reassessment has been prepared by the fiscal officer and that it	12909
is on file in ~~his~~the fiscal officer's office for the inspection	12910
and examination of the persons interested therein. Sections	12911
727.13, 727.15, and 727.16 of the Revised Code do not apply to any	12912
such assessments, but any person may file objections in writing	12913
with the fiscal officer within one week after the expiration of	12914
such notice and the taxing authority shall hear and determine any	12915
such objections at its next meeting. Such objections shall be	12916
limited solely to matters of description of parcels and owners and	12917
of computations of amounts, and no matters concluded by any	12918
proceedings on the original assessments shall form the basis for	12919
any such objections. When the reassessment list is confirmed by	12920
the taxing authority, it shall be complete and final and shall be	12921
recorded in the office of the fiscal officer.	12922

Sec. 135.05. Each governing board shall, at least three	12923
weeks prior to the date when it is required by section 135.12 of	12924
the Revised Code to designate public depositories, by resolution,	12925
estimate the aggregate maximum amount of public moneys subject to	12926
its control to be awarded and be on deposit as inactive deposits.	12927
The state board of deposit shall cause a copy of such resolution,	12928
together with a notice of the date on which the meeting of the	12929
board for the designation of such depositories will be held and	12930
the period for which such inactive deposits will be awarded, to be	12931
published once a week for two consecutive weeks in two newspapers	12932
of general circulation in each of the three most populous	12933
counties. The governing board of each subdivision shall cause a	12934
copy of such resolution, together with a notice of the date on	12935
which the meeting of the board for the designation of such	12936
depositories will be held and the period for which such inactive	12937
deposits will be awarded, to be published once a week for two	12938
consecutive weeks in ~~two newspapers~~a newspaper of ~~opposite~~	12939
~~politics and of~~ general circulation in the county or as provided	12940
in section 7.16 of the Revised Code. If a subdivision is located	12941
in more than one county, such publication shall be made in	12942
~~newspapers published~~a newspaper of general circulation in the	12943
county in which the major part of such subdivision is located, and	12944
of general circulation in the subdivision. A written notice	12945
stating the aggregate maximum amount to be awarded as inactive	12946
deposits of the subdivision shall be given to each eligible	12947
depository by the governing board at the time the first	12948
publication is made in the ~~newspapers~~newspaper.	12949

All deposits of the public moneys of the state or any	12950
subdivision made during the period covered by the designation in	12951
excess of the aggregate amount so estimated shall be active	12952
deposits or interim deposits. Inactive, interim, and active	12953
deposits shall be separately awarded, made, and administered as	12954
provided by sections 135.01 to 135.21~~, inclusive,~~ of the Revised	12955
Code.	12956

Sec. 135.61. As used in sections 135.61 to 135.67 of the	12957
Revised Code:	12958

(A) "Eligible small business" means any person, including,	12959
but not limited to a person engaged in agriculture, that has all	12960
of the following characteristics:	12961

(1) Is headquartered in this state;

12962

(2) Maintains offices and operating facilities exclusively in	12963
this state and transacts business in this state;	12964

(3) Employs fewer than one hundred fifty employees, the	12965
majority of whom are residents of this state;	12966

(4) Is organized for profit.

12967

(B) "Eligible lending institution" means a financial	12968
institution that is eligible to make commercial loans, is a public	12969
depository of state funds under section 135.03 of the Revised	12970
Code, and agrees to participate in the linked deposit program.	12971

(C) "Linked deposit" means a certificate of deposit or other	12972
financial institution instrument placed by the treasurer of state	12973
with an eligible lending institution at a rate below current	12974
market rates, as determined and calculated by the treasurer of	12975
state, provided the institution agrees to lend the value of such	12976
deposit, according to the deposit agreement provided in division	12977
(C) of section 135.65 of the Revised Code, to eligible small	12978
businesses at a rate that reflects an equal percentage rate	12979
reduction below the present borrowing rate applicable to each	12980
specific business at the time of the deposit of state funds in the	12981
institution.	12982

(D) "Other financial institution instrument" has the same	12983
meaning as in section 135.81 of the Revised Code.	12984

Sec. 135.65. (A) The treasurer of state may accept or reject	12985
a linked deposit loan package or any portion thereof, based on the	12986
treasurer's evaluation of the eligible small businesses included	12987
in the package and the amount of state funds to be deposited. When	12988
evaluating the eligible small businesses, the treasurer shall give	12989
priority to the economic needs of the area where the business is	12990
located and the ratio of state funds to be deposited to jobs	12991
sustained or created and shall also consider any reports,	12992
statements, or plans applicable to the business, the overall	12993
financial need of the business, and such other factors as the	12994
treasurer considers appropriate.	12995

(B) Upon acceptance of the linked deposit loan package or any	12996
portion thereof, the treasurer of state may place certificates of	12997
deposit or other financial institution instruments with the	12998
eligible lending institution at a rate below current market rates,	12999
as determined and calculated by the treasurer of state. When	13000
necessary, the treasurer may place certificates of deposit or	13001
other financial institution instruments prior to acceptance of a	13002
linked deposit loan package.	13003

(C) The eligible lending institution shall enter into a	13004
deposit agreement with the treasurer of state, which shall include	13005
requirements necessary to carry out the purposes of sections	13006
135.61 to 135.67 of the Revised Code. Such requirements shall	13007
reflect the market conditions prevailing in the eligible lending	13008
institution's lending area. The agreement may include a	13009
specification of the period of time in which the lending	13010
institution is to lend funds upon the placement of a linked	13011
deposit, and shall include provisions for the certificates of	13012
deposit or other financial institution instruments to be placed	13013
for any maturity considered appropriate by the treasurer of state	13014
not to exceed two years, and may be renewed for up to an	13015
additional two years at the option of the treasurer. Interest	13016
shall be paid at the times determined by the treasurer of state.	13017

(D) Eligible lending institutions shall comply fully with	13018
Chapter 135. of the Revised Code.	13019

Sec. 135.66. (A) Upon the placement of a linked deposit with	13020
an eligible lending institution, such institution is required to	13021
lend such funds to each approved eligible small business listed in	13022
the linked deposit loan package required by division (D) of	13023
section 135.64 of the Revised Code and in accordance with the	13024
deposit agreement required by division (C) of section 135.65 of	13025
the Revised Code. The loan shall be at a rate that reflects a	13026
percentage rate reduction below the present borrowing rate	13027
applicable to each business that is equal to the percentage rate	13028
reduction below market rates at which the ~~certificate~~certificates	13029
of ~~deposits~~deposit or other financial institution instruments	13030
that constitute the linked deposit were placed. A certification of	13031
compliance with this section in the form and manner as prescribed	13032
by the treasurer of state shall be required of the eligible	13033
lending institution.	13034

(B) The treasurer of state shall take any and all steps	13035
necessary to implement the linked deposit program and monitor	13036
compliance of eligible lending institutions and eligible small	13037
businesses, including the development of guidelines as necessary.	13038
The treasurer of state and the department of development shall	13039
notify each other at least quarterly of the names of the	13040
businesses receiving financial assistance from their respective	13041
programs.	13042

Annually, by the first day of February, the treasurer of	13043
state shall report on the linked deposits program for the	13044
preceding calendar year to the governor, the speaker of the house	13045
of representatives, and the president of the senate. The speaker	13046
of the house shall transmit copies of this report to the	13047
chairpersons of the standing committees in the house which	13048
customarily consider legislation regarding agriculture and small	13049
business, and the president of the senate shall transmit copies of	13050
this report to the chairpersons of the standing committees in the	13051
senate which customarily consider legislation regarding	13052
agriculture and small business. The report shall set forth the	13053
linked deposits made by the treasurer of state under the program	13054
during the year and shall include information regarding the	13055
nature, terms, and amounts of the loans upon which the linked	13056
deposits were based and the eligible small businesses to which the	13057
loans were made.	13058

Sec. 145.27. (A)(1) As used in this division, "personal	13059
history record" means information maintained by the public	13060
employees retirement board on an individual who is a member,	13061
former member, contributor, former contributor, retirant, or	13062
beneficiary that includes the address, telephone number, social	13063
security number, record of contributions, correspondence with the	13064
public employees retirement system, or other information the board	13065
determines to be confidential.	13066

(2) The records of the board shall be open to public	13067
inspection, except that the following shall be excluded, except	13068
with the written authorization of the individual concerned:	13069

(a) The individual's statement of previous service and other	13070
information as provided for in section 145.16 of the Revised Code;	13071

(b) The amount of a monthly allowance or benefit paid to the	13072
individual;	13073

13074

(B) All medical reports and recommendations required by this	13075
chapter are privileged, except as follows:	13076

(1) Copies of medical reports or recommendations shall be	13077
made available to the personal physician, attorney, or authorized	13078
agent of the individual concerned upon written release from the	13079
individual or the individual's agent, or when necessary for the	13080
proper administration of the fund, to the board assigned	13081
physician.	13082

(2) Documentation required by section 2929.193 of the Revised	13083
Code shall be provided to a court holding a hearing under that	13084
section.	13085

(C) Any person who is a member or contributor of the system	13086
shall be furnished with a statement of the amount to the credit of	13087
the individual's account upon written request. The board is not	13088
required to answer more than one such request of a person in any	13089
one year. The board may issue annual statements of accounts to	13090
members and contributors.	13091

(D) Notwithstanding the exceptions to public inspection in	13092
division (A)(2) of this section, the board may furnish the	13093
following information:	13094

(1) If a member, former member, contributor, former	13095
contributor, or retirant is subject to an order issued under	13096
section 2907.15 of the Revised Code or an order issued under	13097
division (A) or (B) of section 2929.192 of the Revised Code or is	13098
convicted of or pleads guilty to a violation of section 2921.41 of	13099
the Revised Code, on written request of a prosecutor as defined in	13100
section 2935.01 of the Revised Code, the board shall furnish to	13101
the prosecutor the information requested from the individual's	13102
personal history record.	13103

(2) Pursuant to a court or administrative order issued	13104
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised	13105
Code, the board shall furnish to a court or child support	13106
enforcement agency the information required under that section.	13107

(3) At the written request of any person, the board shall	13108
provide to the person a list of the names and addresses of	13109
members, former members, contributors, former contributors,	13110
retirants, or beneficiaries. The costs of compiling, copying, and	13111
mailing the list shall be paid by such person.	13112

(4) Within fourteen days after receiving from the director of	13113
job and family services a list of the names and social security	13114
numbers of recipients of public assistance pursuant to section	13115
5101.181 of the Revised Code, the board shall inform the auditor	13116
of state of the name, current or most recent employer address, and	13117
social security number of each member whose name and social	13118
security number are the same as that of a person whose name or	13119
social security number was submitted by the director. The board	13120
and its employees shall, except for purposes of furnishing the	13121
auditor of state with information required by this section,	13122
preserve the confidentiality of recipients of public assistance in	13123
compliance with ~~division (A) of~~ section 5101.181 of the Revised	13124
Code.	13125

(5) The system shall comply with orders issued under section	13126
3105.87 of the Revised Code.	13127

On the written request of an alternate payee, as defined in	13128
section 3105.80 of the Revised Code, the system shall furnish to	13129
the alternate payee information on the amount and status of any	13130
amounts payable to the alternate payee under an order issued under	13131
section 3105.171 or 3105.65 of the Revised Code.	13132

(6) At the request of any person, the board shall make	13133
available to the person copies of all documents, including	13134
resumes, in the board's possession regarding filling a vacancy of	13135
an employee member or retirant member of the board. The person who	13136
made the request shall pay the cost of compiling, copying, and	13137
mailing the documents. The information described in division	13138
(D)(6) of this section is a public record.	13139

(7) The system shall provide the notice required by section	13140
145.573 of the Revised Code to the prosecutor assigned to the	13141
case.	13142

(E) A statement that contains information obtained from the	13143
system's records that is signed by the executive director or an	13144
officer of the system and to which the system's official seal is	13145
affixed, or copies of the system's records to which the signature	13146
and seal are attached, shall be received as true copies of the	13147
system's records in any court or before any officer of this state.	13148

Sec. 145.56. The right of an individual to a pension, an	13149
annuity, or a retirement allowance itself, the right of an	13150
individual to any optional benefit, any other right accrued or	13151
accruing to any individual, under this chapter, or under any	13152
municipal retirement system established subject to this chapter	13153
under the laws of this state or any charter, the various funds	13154
created by this chapter, or under such municipal retirement	13155
system, and all moneys, investments, and income from moneys or	13156
investments are exempt from any state tax, except the tax imposed	13157
by section 5747.02 of the Revised Code, and are exempt from any	13158
county, municipal, or other local tax, except income taxes imposed	13159
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	13160
Code, and, except as provided in sections 145.57, 145.572,	13161
145.573, 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	13162
3123., and 3125. of the Revised Code, shall not be subject to	13163
execution, garnishment, attachment, the operation of bankruptcy or	13164
insolvency laws, or other process of law whatsoever, and shall be	13165
unassignable except as specifically provided in this chapter and	13166
sections 3105.171, 3105.65, and 3115.32 and Chapters 3119., 3121.,	13167
3123., and 3125. of the Revised Code.	13168

Sec. 149.01. Each elective state officer, the adjutant	13169
general, the adult parole authority, the department of	13170
agriculture, the director of administrative services, the public	13171
utilities commission, the superintendent of insurance, the	13172
superintendent of financial institutions, the superintendent of	13173
purchases and printing, the state commissioner of soldiers'	13174
claims, the fire marshal, the industrial commission, the	13175
administrator of workers' compensation, the state department of	13176
transportation, the department of health, the state medical board,	13177
the state dental board, the board of embalmers and funeral	13178
directors, the Ohio commission for the blind, the accountancy	13179
board of Ohio, the state council of uniform state laws, the board	13180
of commissioners of the sinking fund, the department of taxation,	13181
the board of tax appeals, ~~the clerk of the supreme court,~~ the	13182
division of liquor control, the director of state armories, the	13183
trustees of the Ohio state university, and every private or	13184
quasi-public institution, association, board, or corporation	13185
receiving state money for its use and purpose shall make annually,	13186
at the end of each fiscal year, in quadruplicate, a report of the	13187
transactions and proceedings of that office or department for that	13188
fiscal year, excepting receipts and disbursements unless otherwise	13189
specifically required by law. The report shall contain a summary	13190
of the official acts of the officer, board, council, commission,	13191
institution, association, or corporation and any suggestions and	13192
recommendations that are proper. On the first day of August of	13193
each year, one of the reports shall be filed with the governor,	13194
one with the secretary of state, and one with the state library,	13195
and one shall be kept on file in the office of the officer, board,	13196
council, commission, institution, association, or corporation.	13197

Sec. 149.091. (A) ~~Except as otherwise provided in division~~	13198
~~(C) of this section, the~~The secretary of state shall compile,	13199
publish, and distribute the session laws either annually or	13200
biennially in a paper or electronic format ~~a maximum of nine~~	13201
~~hundred copies of the session laws~~. The annual or biennial	13202
publication shall contain all enrolled acts and joint resolutions.	13203
~~The secretary of state shall cause to be printed with each~~	13204
~~compilation of enrolled acts and joint resolutions distributed~~, a	13205
subject index, a table indicating Revised Code sections affected,	13206
and the secretary of state's certificate that the laws, as	13207
compiled and distributed, are true copies of the original enrolled	13208
acts or joint resolutions in the secretary of state's office.	13209

(B)(1) The secretary of state ~~shall~~may distribute the	13210
~~compilations~~paper or electronic format of the session laws in	13211
free of charge to the following ~~manner~~persons or entities:	13212

~~(1) One shall be forwarded to each~~(a) Each county auditor.

13213

~~(2) One shall be forwarded to each~~(b) Each county law	13214
library.	13215

~~(3) Two hundred may be distributed, free of charge, to~~(c)	13216
Other public officials upon request of the public official.	13217

~~(4) Remaining compilations may be sold by the secretary of~~	13218
~~state at a price that shall not exceed the actual cost of~~	13219
~~publication and distribution.~~	13220

~~(B) Notwithstanding division (C) of this section, the~~	13221
~~secretary of state shall compile, publish, and distribute, either~~	13222
~~annually or biennially, in permanently bound volumes, a minimum of~~	13223
~~twenty-five copies of the session laws. The annual or biennial~~	13224
~~volumes shall contain copies of all enrolled acts and joint~~	13225
~~resolutions. The secretary of state shall cause to be printed with~~	13226
~~each volume of enrolled acts and joint resolutions distributed a~~	13227
~~subject index, a table indicating Revised Code sections affected,~~	13228
~~and the secretary of state's certificate that the laws so~~	13229
~~assembled are true copies of the original enrolled acts or joint~~	13230
~~resolutions in the secretary of state's office.~~	13231

(2) The secretary of state shall distribute the ~~permanently~~	13232
~~bound volumes~~paper or electronic format of the session laws in	13233
free of charge to the following ~~manner~~persons or entities:	13234

~~(1) Five copies shall be forwarded to the~~(a) The clerk of	13235
the house of representatives.	13236

~~(2) Five copies shall be forwarded to the~~(b) The clerk of	13237
the senate.	13238

~~(3) Five copies shall be forwarded to the~~(c) The legislative	13239
service commission.	13240

~~(4) Two copies shall be forwarded to the~~(d) The Ohio supreme	13241
court.	13242

~~(5) Two copies shall be forwarded to the~~(e) The document	13243
division of the library of congress.	13244

~~(6) Two copies shall be forwarded to the~~(f) The state	13245
library.	13246

~~(7) Two copies shall be forwarded to the~~(g) The Ohio	13247
historical society.	13248

~~(8) Two copies shall be retained by the~~The secretary of	13249
state shall retain a paper or electronic format of the session	13250
laws.	13251

(C) ~~The secretary of state annually or biennially may~~	13252
~~compile, publish, and distribute the session laws in an electronic~~	13253
~~format instead of compiling and publishing the session laws as~~	13254
~~provided in division (A) of this section. If the secretary of~~	13255
~~state compiles and publishes the session laws in an electronic~~	13256
~~format, the following apply:~~	13257

~~(1) The session laws in electronic format shall include~~	13258
~~copies of all enrolled acts and joint resolutions and shall~~	13259
~~contain a subject index and a table indicating Revised Code~~	13260
~~sections affected.~~	13261

~~(2) Each compilation of the session laws in electronic format~~	13262
~~shall include the secretary of state's certificate that the laws~~	13263
~~so compiled and published are true copies of the original enrolled~~	13264
~~acts and joint resolutions in the secretary of state's office.~~	13265

~~(3) The session laws may be distributed in an electronic~~	13266
~~format to public officials free of charge.~~	13267

~~(4)~~ The session laws may be sold in ana paper or electronic	13268
format to individuals or entities not specified in division ~~(A) or~~	13269
(B) of this section. The price shall not exceed the actual cost of	13270
producing and distributing the session laws in ana paper or	13271
electronic format.	13272

Sec. 149.11. Any department, division, bureau, board, or	13273
commission of the state government issuing a report, pamphlet,	13274
document, or other publication intended for general public use and	13275
distribution, which publication is reproduced by duplicating	13276
processes such as mimeograph, multigraph, planograph, rotaprint,	13277
or multilith, or printed internally or through a contract awarded	13278
to any person, company, or the state printing division of the	13279
department of administrative services, shall cause to be delivered	13280
to the state library one hundred copies of the publication,	13281
subject to the provisions of section 125.42 of the Revised Code.	13282

The state library board shall distribute the publications so	13283
received as follows:	13284

(A) Retain two copies in the state library;

13285

(B) Send two copies to the document division of the library	13286
of congress;	13287

(C) Send one copy to the Ohio historical society and to each	13288
public or college library in the state designated by the state	13289
library board to be a depository for state publications. In	13290
designating which libraries shall be depositories, the board shall	13291
select those libraries that can best preserve those publications	13292
and that are so located geographically as will make the	13293
publications conveniently accessible to residents in all areas of	13294
the state.	13295

(D) Send one copy to each state in exchange for like	13296
publications of that state.	13297

The provisions of this section ~~shall~~do not apply to any	13298
publication of the general assembly or to the publications	13299
described in sections 149.07, 149.08, 149.091, and 149.17 of the	13300
Revised Code, except that the secretary of state shall forward to	13301
the document division of the library of congress two copies of all	13302
journals, two copies of the session laws ~~in bound form~~ as provided	13303
for in section 149.091 of the Revised Code, and two copies of all	13304
appropriation laws in separate form.	13305

Sec. 149.308. There is hereby created in the state treasury	13306
the Ohio historical society income tax contribution fund, which	13307
shall consist of money contributed to it under section 5747.113 of	13308
the Revised Code for taxable years beginning on or after January	13309
1, 2011, and of contributions made directly to it. Any person may	13310
contribute directly to the fund in addition to or independently of	13311
the income tax refund contribution system established in section	13312
5747.113 of the Revised Code.	13313

The Ohio historical society shall use money credited to the	13314
fund in furtherance of the public functions with which the society	13315
is charged under section 149.30 of the Revised Code.	13316

Sec. 149.311. (A) As used in this section:

13317

(1) "Historic building" means a building, including its	13318
structural components, that is located in this state and that is	13319
either individually listed on the national register of historic	13320
places under 16 U.S.C. 470a, located in a registered historic	13321
district, and certified by the state historic preservation officer	13322
as being of historic significance to the district, or is	13323
individually listed as a historic landmark designated by a local	13324
government certified under 16 U.S.C. 470a(c).	13325

(2) "Qualified rehabilitation expenditures" means	13326
expenditures paid or incurred during the rehabilitation period,	13327
and before and after that period as determined under 26 U.S.C. 47,	13328
by an owner of a historic building to rehabilitate the building.	13329
"Qualified rehabilitation expenditures" includes architectural or	13330
engineering fees paid or incurred in connection with the	13331
rehabilitation, and expenses incurred in the preparation of	13332
nomination forms for listing on the national register of historic	13333
places. "Qualified rehabilitation expenditures" does not include	13334
any of the following:	13335

(a) The cost of acquiring, expanding, or enlarging a historic	13336
building;	13337

(b) Expenditures attributable to work done to facilities	13338
related to the building, such as parking lots, sidewalks, and	13339
landscaping;	13340

13341

(3) "Owner" of a historic building means a person holding the	13342
fee simple interest in the building. "Owner" does not include the	13343
state or a state agency, or any political subdivision as defined	13344
in section 9.23 of the Revised Code.	13345

(4) "Certificate owner" means the owner of a historic	13346
building to which a rehabilitation tax credit certificate was	13347
issued under this section.	13348

(5) "Registered historic district" means a historic district	13349
listed in the national register of historic places under 16 U.S.C.	13350
470a, a historic district designated by a local government	13351
certified under 16 U.S.C. 470a(c), or a local historic district	13352
certified under 36 C.F.R. 67.8 and 67.9.	13353

(6) "Rehabilitation" means the process of repairing or	13354
altering a historic building or buildings, making possible an	13355
efficient use while preserving those portions and features of the	13356
building and its site and environment that are significant to its	13357
historic, architectural, and cultural values.	13358

(7) "Rehabilitation period" means one of the following:

13359

(a) If the rehabilitation initially was not planned to be	13360
completed in stages, a period chosen by the owner not to exceed	13361
twenty-four months during which rehabilitation occurs;	13362

(b) If the rehabilitation initially was planned to be	13363
completed in stages, a period chosen by the owner not to exceed	13364
sixty months during which rehabilitation occurs. Each stage shall	13365
be reviewed as a phase of a rehabilitation as determined under 36	13366
C.F.R. 67.7(b)(8) or a successor to that section.	13367

(8) "State historic preservation officer" or "officer" means	13368
the state historic preservation officer appointed by the governor	13369
under 16 U.S.C. 470a.	13370

~~(9) "Application period" means any of the following time~~	13371
~~periods for which an application for a rehabilitation tax credit~~	13372
~~certificate may be filed under this section:~~	13373

~~(a) July 1, 2007, through June 30, 2008;~~

13374

~~(b) July 1, 2009, through June 30, 2010;~~

13375

~~(c) July 1, 2010, through June 30, 2011.~~

13376

(B) ~~For any application period, the~~The owner of a historic	13377
building may apply to the ~~state historic preservation officer~~	13378
director of development for a rehabilitation tax credit	13379
certificate for qualified rehabilitation expenditures paid or	13380
incurred after April 4, 2007, for rehabilitation of a historic	13381
building. The form and manner of filing such applications shall be	13382
prescribed by rule of the director of development~~, and, except as~~	13383
~~otherwise provided in division (D) of this section, applications~~	13384
~~expire at the end of each application period~~. Each application	13385
shall state the amount of qualified rehabilitation expenditures	13386
the applicant estimates will be paid or incurred. The director may	13387
require applicants to furnish documentation of such estimates.	13388

The director, after consultation with the tax commissioner	13389
and in accordance with Chapter 119. of the Revised Code, shall	13390
adopt rules that establish all of the following:	13391

(1) Forms and procedures by which applicants may apply for	13392
rehabilitation tax credit certificates;	13393

(2) Criteria for reviewing, evaluating, and approving	13394
applications for certificates within the limitations under	13395
division (D) of this section, criteria for assuring that the	13396
certificates issued encompass a mixture of high and low qualified	13397
rehabilitation expenditures, and criteria for issuing certificates	13398
under division (C)(3)(b) of this section;	13399

(3) Eligibility requirements for obtaining a certificate	13400
under this section;	13401

(4) The form of rehabilitation tax credit certificates;

13402

(5) Reporting requirements and monitoring procedures;

13403

(6) Any other rules necessary to implement and administer	13404
this section.	13405

(C) The ~~state historic preservation officer shall accept~~	13406
~~applications and forward them to the~~ director of development~~, who~~	13407
shall review the applications with the assistance of the state	13408
historic preservation officer and determine whether all of the	13409
following criteria are met:	13410

(1) That the building that is the subject of the application	13411
is a historic building and the applicant is the owner of the	13412
building;	13413

(2) That the rehabilitation will satisfy standards prescribed	13414
by the United States secretary of the interior under 16 U.S.C.	13415
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	13416
that section;	13417

(3) That receiving a rehabilitation tax credit certificate	13418
under this section is a major factor in:	13419

(a) The applicant's decision to rehabilitate the historic	13420
building; or	13421

(b) To increase the level of investment in such	13422
rehabilitation.	13423

An applicant shall demonstrate to the satisfaction of the	13424
state historic preservation officer and director of development	13425
that the rehabilitation will satisfy the standards described in	13426
division (C)(2) of this section before the applicant begins the	13427
physical rehabilitation of the historic building.	13428

(D)(1) The director of development may approve an application	13429
and issue a rehabilitation tax credit certificate to an applicant	13430
only if the director determines that the criteria in divisions	13431
(C)(1), (2), and (3) of this section are met. The director shall	13432
consider the potential economic impact and the regional	13433
distributive balance of the credits throughout the state.	13434

(2) A rehabilitation tax credit certificate shall not be	13435
issued before rehabilitation of a historic building is completed	13436
or. A rehabilitation tax credit certificate shall not be issued	13437
for an amount greater than the estimated amount furnished by the	13438
applicant on the application for such certificate and approved by	13439
the director. The director shall not approve more than a total of	13440
~~sixty~~twenty-five million dollars of rehabilitation tax credits	13441
~~for an application period~~per fiscal year but the director may	13442
reallocate unused tax credits from a prior fiscal year for new	13443
applicants and such reallocated credits shall not apply toward the	13444
dollar limit of this division.	13445

(3) ~~Of the sixty million dollars approved for application~~	13446
~~periods July 1, 2009, through June 30, 2010, and July 1, 2010,~~	13447
~~through June 30, 2011, forty-five million dollars shall be~~	13448
~~reserved in each application period for the award of~~	13449
~~rehabilitation tax credit certificates to applicants who, as of~~	13450
~~March 1, 2008, had filed completed applications that met the~~	13451
~~criteria described in divisions (C)(1), (2), and (3) of this~~	13452
~~section, who have not withdrawn the application, and who have not~~	13453
~~yet been approved to receive a certificate. If the total amount of~~	13454
~~credits awarded for such applications is less than forty-five~~	13455
~~million dollars in an application period, the remainder shall be~~	13456
~~made available for other qualifying applications for that~~	13457
~~application period.~~	13458

For rehabilitations with a rehabilitation period not	13459
exceeding twenty-four months as provided in division (A)(7)(a) of	13460
this section, a rehabilitation tax credit certificate shall not be	13461
issued before the rehabilitation of the historic building is	13462
completed.	13463

(4) IfFor rehabilitations with a rehabilitation period not	13464
exceeding sixty months as provided in division (A)(7)(b) of this	13465
section, a rehabilitation tax credit certificate shall not be	13466
issued before a stage of rehabilitation is completed. After all	13467
stages of rehabilitation are completed, if the director cannot	13468
determine that the criteria in division (C) of this section are	13469
satisfied for all stages of rehabilitations, the director shall	13470
certify this finding to the tax commissioner, and any	13471
rehabilitation tax credits received by the applicant shall be	13472
repaid by the applicant and may be collected by assessment as	13473
unpaid tax by the commissioner.	13474

(5) The director of development shall require the applicant	13475
to provide a third-party cost certification by a certified public	13476
accountant of the actual costs attributed to the rehabilitation of	13477
the historic building when qualified rehabilitation expenditures	13478
exceed two hundred thousand dollars.	13479

If an applicant whose application is approved for receipt of	13480
a rehabilitation tax credit certificate fails to provide to the	13481
director of development sufficient evidence of reviewable	13482
progress, including a viable financial plan, copies of final	13483
construction drawings, and evidence that the applicant has	13484
obtained all historic approvals within twelve months after the	13485
date the applicant received notification of approval, orand if	13486
the applicant fails to provide evidence to the director of	13487
development that the applicant has secured and closed on financing	13488
for the rehabilitation within eighteen months after receiving	13489
notification of approval, the director may rescind the approval of	13490
the application. The director shall notify the applicant ~~that~~if	13491
the approval has been rescinded. Credits that would have been	13492
available to an applicant whose approval was rescinded shall be	13493
available for other qualified applicants. Nothing in this division	13494
prohibits an applicant whose approval has been rescinded from	13495
submitting a new application for a rehabilitation tax credit	13496
certificate.	13497

(E) Issuance of a certificate represents a finding by the	13498
director of development of the matters described in divisions	13499
(C)(1), (2), and (3) of this section only; issuance of a	13500
certificate does not represent a verification or certification by	13501
the director of the amount of qualified rehabilitation	13502
expenditures for which a tax credit may be claimed under section	13503
5725.151, 5725.34, 5729.17, 5733.47, or 5747.76 of the Revised	13504
Code. The amount of qualified rehabilitation expenditures for	13505
which a tax credit may be claimed is subject to inspection and	13506
examination by the tax commissioner or employees of the	13507
commissioner under section 5703.19 of the Revised Code and any	13508
other applicable law. Upon the issuance of a certificate, the	13509
director shall certify to the tax commissioner, in the form and	13510
manner requested by the tax commissioner, the name of the	13511
applicant, the amount of qualified rehabilitation expenditures	13512
shown on the certificate, and any other information required by	13513
the rules adopted under this section.	13514

(F)(1) On or before the first day of ~~December in 2007, 2008,~~	13515
~~2009, 2010, and 2011~~April each year, the director of development	13516
and tax commissioner jointly shall submit to the president of the	13517
senate and the speaker of the house of representatives a report on	13518
the tax credit program established under this section and sections	13519
5725.151, 5725.34, 5729.17, 5733.47, and 5747.76 of the Revised	13520
Code. The report shall present an overview of the program and	13521
shall include information on the number of rehabilitation tax	13522
credit certificates issued under this section during an	13523
~~application period~~the preceding fiscal year, an update on the	13524
status of each historic building for which an application was	13525
approved under this section, the dollar amount of the tax credits	13526
granted under sections 5725.151, 5725.34, 5729.17, 5733.47, and	13527
5747.76 of the Revised Code, and any other information the	13528
director and commissioner consider relevant to the topics	13529
addressed in the report.	13530

(2) On or before December 1, ~~2012~~2015, the director of	13531
development and tax commissioner jointly shall submit to the	13532
president of the senate and the speaker of the house of	13533
representatives a comprehensive report that includes the	13534
information required by division (F)(1) of this section and a	13535
detailed analysis of the effectiveness of issuing tax credits for	13536
rehabilitating historic buildings. The report shall be prepared	13537
with the assistance of an economic research organization jointly	13538
chosen by the director and commissioner.	13539

(G) There is hereby created in the state treasury the	13540
historic rehabilitation tax credit operating fund. The director of	13541
development is authorized to charge reasonable application and	13542
other fees in connection with the administration of tax credits	13543
authorized by this section and sections 5725.151, 5725.34,	13544
5729.17, 5733.44, and 5747.76 of the Revised Code. Any such fees	13545
collected shall be credited to the fund and used to pay reasonable	13546
costs incurred by the department of development in administering	13547
this section and sections 5725.151, 5725.34, 5729.17, 5733.44, and	13548
5747.76 of the Revised Code.	13549

The Ohio historic preservation office is authorized to charge	13550
reasonable fees in connection with its review and approval of	13551
applications under this section. Any such fees collected shall be	13552
credited to the fund and used to pay administrative costs incurred	13553
by the Ohio historic preservation office pursuant to this section.	13554

Sec. 149.38. (A) ~~There~~Except as otherwise provided in	13555
section 307.847 of the Revised Code, there is hereby created in	13556
each county a county records commission, composed of a member of	13557
the board of county commissioners as chairperson, the prosecuting	13558
attorney, the auditor, the recorder, and the clerk of the court of	13559
common pleas. The commission shall appoint a secretary, who may or	13560
may not be a member of the commission and who shall serve at the	13561
pleasure of the commission. The commission may employ an archivist	13562
or records manager to serve under its direction. The commission	13563
shall meet at least once every six months and upon call of the	13564
chairperson.	13565

(B) The functions of the county records commission shall be	13566
to provide rules for retention and disposal of records of the	13567
county and to review applications for one-time disposal of	13568
obsolete records and schedules of records retention and	13569
disposition submitted by county offices. The commission may	13570
dispose of records pursuant to the procedure outlined in this	13571
section. The commission, at any time, may review any schedule it	13572
has previously approved and, for good cause shown, may revise that	13573
schedule, subject to division (D) of this section.	13574

(C) When the county records commission has approved any	13575
county application for one-time disposal of obsolete records or	13576
any schedule of records retention and disposition, the commission	13577
shall send that application or schedule to the Ohio historical	13578
society for its review. The Ohio historical society shall review	13579
the application or schedule within a period of not more than sixty	13580
days after its receipt of it. Upon completion of its review, the	13581
Ohio historical society shall forward the application for one-time	13582
disposal of obsolete records or the schedule of records retention	13583
and disposition to the auditor of state for the auditor's approval	13584
or disapproval. The auditor shall approve or disapprove the	13585
application or schedule within a period of not more than sixty	13586
days after receipt of it. Before public records are to be disposed	13587
of, the commission shall inform the Ohio historical society of the	13588
disposal through the submission of a certificate of records	13589
disposal and shall give the society the opportunity for a period	13590
of fifteen business days to select for its custody those records	13591
that it considers to be of continuing historical value. Upon the	13592
expiration of the fifteen-business-day period, the county records	13593
commission also shall notify the public libraries, county	13594
historical society, state universities, and other public or	13595
quasi-public institutions, agencies, or corporations in the county	13596
that have provided the commission with their name and address for	13597
these notification purposes, that the commission has informed the	13598
Ohio historical society of the records disposal and that the	13599
notified entities, upon written agreement with the Ohio historical	13600
society pursuant to section 149.31 of the Revised Code, may select	13601
records of continuing historical value, including records that may	13602
be distributed to any of the notified entities under section	13603
149.31 of the Revised Code.	13604

(D) The rules of the county records commission shall include	13605
a rule that requires any receipts, checks, vouchers, or other	13606
similar records pertaining to expenditures from ~~the~~either	13607
delinquent tax and assessment collection fund created in section	13608
321.261 of the Revised Code, from the real estate assessment fund	13609
created in section 325.31 of the Revised Code, or from amounts	13610
allocated for the furtherance of justice to the county sheriff	13611
under section 325.071 of the Revised Code or to the prosecuting	13612
attorney under section 325.12 of the Revised Code to be retained	13613
for at least four years.	13614

(E) No person shall knowingly violate the rule adopted under	13615
division (D) of this section. Whoever violates that rule is guilty	13616
of a misdemeanor of the first degree.	13617

Sec. 149.43. (A) As used in this section:

13618

(1) "Public record" means records kept by any public office,	13619
including, but not limited to, state, county, city, village,	13620
township, and school district units, and records pertaining to the	13621
delivery of educational services by an alternative school in this	13622
state kept by the nonprofit or for-profit entity operating the	13623
alternative school pursuant to section 3313.533 of the Revised	13624
Code. "Public record" does not mean any of the following:	13625

(a) Medical records;

13626

(b) Records pertaining to probation and parole proceedings or	13627
to proceedings related to the imposition of community control	13628
sanctions and post-release control sanctions;	13629

(c) Records pertaining to actions under section 2151.85 and	13630
division (C) of section 2919.121 of the Revised Code and to	13631
appeals of actions arising under those sections;	13632

(d) Records pertaining to adoption proceedings, including the	13633
contents of an adoption file maintained by the department of	13634
health under section 3705.12 of the Revised Code;	13635

(e) Information in a record contained in the putative father	13636
registry established by section 3107.062 of the Revised Code,	13637
regardless of whether the information is held by the department of	13638
job and family services or, pursuant to section 3111.69 of the	13639
Revised Code, the office of child support in the department or a	13640
child support enforcement agency;	13641

(f) Records listed in division (A) of section 3107.42 of the	13642
Revised Code or specified in division (A) of section 3107.52 of	13643
the Revised Code;	13644

(g) Trial preparation records;

13645

(h) Confidential law enforcement investigatory records;

13646

(i) Records containing information that is confidential under	13647
section 2710.03 or 4112.05 of the Revised Code;	13648

(j) DNA records stored in the DNA database pursuant to	13649
section 109.573 of the Revised Code;	13650

(k) Inmate records released by the department of	13651
rehabilitation and correction to the department of youth services	13652
or a court of record pursuant to division (E) of section 5120.21	13653
of the Revised Code;	13654

(l) Records maintained by the department of youth services	13655
pertaining to children in its custody released by the department	13656
of youth services to the department of rehabilitation and	13657
correction pursuant to section 5139.05 of the Revised Code;	13658

(m) Intellectual property records;

13659

(n) Donor profile records;

13660

(o) Records maintained by the department of job and family	13661
services pursuant to section 3121.894 of the Revised Code;	13662

(p) Peace officer, parole officer, prosecuting attorney,	13663
assistant prosecuting attorney, correctional employee, youth	13664
services employee, firefighter, EMT, or investigator of the bureau	13665
of criminal identification and investigation residential and	13666
familial information;	13667

(q) In the case of a county hospital operated pursuant to	13668
Chapter 339. of the Revised Code or a municipal hospital operated	13669
pursuant to Chapter 749. of the Revised Code, information that	13670
constitutes a trade secret, as defined in section 1333.61 of the	13671
Revised Code;	13672

(r) Information pertaining to the recreational activities of	13673
a person under the age of eighteen;	13674

(s) Records provided to, statements made by review board	13675
members during meetings of, and all work products of a child	13676
fatality review board acting under sections 307.621 to 307.629 of	13677
the Revised Code, and child fatality review data submitted by the	13678
child fatality review board to the department of health or a	13679
national child death review database, other than the report	13680
prepared pursuant to division (A) of section 307.626 of the	13681
Revised Code;	13682

(t) Records provided to and statements made by the executive	13683
director of a public children services agency or a prosecuting	13684
attorney acting pursuant to section 5153.171 of the Revised Code	13685
other than the information released under that section;	13686

(u) Test materials, examinations, or evaluation tools used in	13687
an examination for licensure as a nursing home administrator that	13688
the board of examiners of nursing home administrators administers	13689
under section 4751.04 of the Revised Code or contracts under that	13690
section with a private or government entity to administer;	13691

(v) Records the release of which is prohibited by state or	13692
federal law;	13693

(w) Proprietary information of or relating to any person that	13694
is submitted to or compiled by the Ohio venture capital authority	13695
created under section 150.01 of the Revised Code;	13696

(x) Information reported and evaluations conducted pursuant	13697
to section 3701.072 of the Revised Code;	13698

(y) Financial statements and data any person submits for any	13699
purpose to the Ohio housing finance agency or the controlling	13700
board in connection with applying for, receiving, or accounting	13701
for financial assistance from the agency, and information that	13702
identifies any individual who benefits directly or indirectly from	13703
financial assistance from the agency;	13704

(z) Records listed in section 5101.29 of the Revised Code.;

13705

(aa) Discharges recorded with a county recorder under section	13706
317.24 of the Revised Code, as specified in division (B)(2) of	13707
that section;	13708

(bb) Usage information including names and addresses of	13709
specific residential and commercial customers of a municipally	13710
owned or operated public utility.	13711

(2) "Confidential law enforcement investigatory record" means	13712
any record that pertains to a law enforcement matter of a	13713
criminal, quasi-criminal, civil, or administrative nature, but	13714
only to the extent that the release of the record would create a	13715
high probability of disclosure of any of the following:	13716

(a) The identity of a suspect who has not been charged with	13717
the offense to which the record pertains, or of an information	13718
source or witness to whom confidentiality has been reasonably	13719
promised;	13720

(b) Information provided by an information source or witness	13721
to whom confidentiality has been reasonably promised, which	13722
information would reasonably tend to disclose the source's or	13723
witness's identity;	13724

(c) Specific confidential investigatory techniques or	13725
procedures or specific investigatory work product;	13726

(d) Information that would endanger the life or physical	13727
safety of law enforcement personnel, a crime victim, a witness, or	13728
a confidential information source.	13729

(3) "Medical record" means any document or combination of	13730
documents, except births, deaths, and the fact of admission to or	13731
discharge from a hospital, that pertains to the medical history,	13732
diagnosis, prognosis, or medical condition of a patient and that	13733
is generated and maintained in the process of medical treatment.	13734

(4) "Trial preparation record" means any record that contains	13735
information that is specifically compiled in reasonable	13736
anticipation of, or in defense of, a civil or criminal action or	13737
proceeding, including the independent thought processes and	13738
personal trial preparation of an attorney.	13739

(5) "Intellectual property record" means a record, other than	13740
a financial or administrative record, that is produced or	13741
collected by or for faculty or staff of a state institution of	13742
higher learning in the conduct of or as a result of study or	13743
research on an educational, commercial, scientific, artistic,	13744
technical, or scholarly issue, regardless of whether the study or	13745
research was sponsored by the institution alone or in conjunction	13746
with a governmental body or private concern, and that has not been	13747
publicly released, published, or patented.	13748

(6) "Donor profile record" means all records about donors or	13749
potential donors to a public institution of higher education	13750
except the names and reported addresses of the actual donors and	13751
the date, amount, and conditions of the actual donation.	13752

(7) "Peace officer, parole officer, prosecuting attorney,	13753
assistant prosecuting attorney, correctional employee, youth	13754
services employee, firefighter, EMT, or investigator of the bureau	13755
of criminal identification and investigation residential and	13756
familial information" means any information that discloses any of	13757
the following about a peace officer, parole officer, prosecuting	13758
attorney, assistant prosecuting attorney, correctional employee,	13759
youth services employee, firefighter, EMT, or investigator of the	13760
bureau of criminal identification and investigation:	13761

(a) The address of the actual personal residence of a peace	13762
officer, parole officer, assistant prosecuting attorney,	13763
correctional employee, youth services employee, firefighter, EMT,	13764
or an investigator of the bureau of criminal identification and	13765
investigation, except for the state or political subdivision in	13766
which the peace officer, parole officer, assistant prosecuting	13767
attorney, correctional employee, youth services employee,	13768
firefighter, EMT, or investigator of the bureau of criminal	13769
identification and investigation resides;	13770

(b) Information compiled from referral to or participation in	13771
an employee assistance program;	13772

(c) The social security number, the residential telephone	13773
number, any bank account, debit card, charge card, or credit card	13774
number, or the emergency telephone number of, or any medical	13775
information pertaining to, a peace officer, parole officer,	13776
prosecuting attorney, assistant prosecuting attorney, correctional	13777
employee, youth services employee, firefighter, EMT, or	13778
investigator of the bureau of criminal identification and	13779
investigation;	13780

(d) The name of any beneficiary of employment benefits,	13781
including, but not limited to, life insurance benefits, provided	13782
to a peace officer, parole officer, prosecuting attorney,	13783
assistant prosecuting attorney, correctional employee, youth	13784
services employee, firefighter, EMT, or investigator of the bureau	13785
of criminal identification and investigation by the peace	13786
officer's, parole officer's, prosecuting attorney's, assistant	13787
prosecuting attorney's, correctional employee's, youth services	13788
employee's, firefighter's, EMT's, or investigator of the bureau of	13789
criminal identification and investigation's employer;	13790

(e) The identity and amount of any charitable or employment	13791
benefit deduction made by the peace officer's, parole officer's,	13792
prosecuting attorney's, assistant prosecuting attorney's,	13793
correctional employee's, youth services employee's, firefighter's,	13794
EMT's, or investigator of the bureau of criminal identification	13795
and investigation's employer from the peace officer's, parole	13796
officer's, prosecuting attorney's, assistant prosecuting	13797
attorney's, correctional employee's, youth services employee's,	13798
firefighter's, EMT's, or investigator of the bureau of criminal	13799
identification and investigation's compensation unless the amount	13800
of the deduction is required by state or federal law;	13801

(f) The name, the residential address, the name of the	13802
employer, the address of the employer, the social security number,	13803
the residential telephone number, any bank account, debit card,	13804
charge card, or credit card number, or the emergency telephone	13805
number of the spouse, a former spouse, or any child of a peace	13806
officer, parole officer, prosecuting attorney, assistant	13807
prosecuting attorney, correctional employee, youth services	13808
employee, firefighter, EMT, or investigator of the bureau of	13809
criminal identification and investigation;	13810

(g) A photograph of a peace officer who holds a position or	13811
has an assignment that may include undercover or plain clothes	13812
positions or assignments as determined by the peace officer's	13813
appointing authority.	13814

As used in divisions (A)(7) and (B)(9) of this section,	13815
"peace officer" has the same meaning as in section 109.71 of the	13816
Revised Code and also includes the superintendent and troopers of	13817
the state highway patrol; it does not include the sheriff of a	13818
county or a supervisory employee who, in the absence of the	13819
sheriff, is authorized to stand in for, exercise the authority of,	13820
and perform the duties of the sheriff.	13821

As used in divisions (A)(7) and (B)(5) of this section,	13822
"correctional employee" means any employee of the department of	13823
rehabilitation and correction who in the course of performing the	13824
employee's job duties has or has had contact with inmates and	13825
persons under supervision.	13826

As used in divisions (A)(7) and (B)(5) of this section,	13827
"youth services employee" means any employee of the department of	13828
youth services who in the course of performing the employee's job	13829
duties has or has had contact with children committed to the	13830
custody of the department of youth services.	13831

As used in divisions (A)(7) and (B)(9) of this section,	13832
"firefighter" means any regular, paid or volunteer, member of a	13833
lawfully constituted fire department of a municipal corporation,	13834
township, fire district, or village.	13835

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	13836
means EMTs-basic, EMTs-I, and paramedics that provide emergency	13837
medical services for a public emergency medical service	13838
organization. "Emergency medical service organization,"	13839
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	13840
section 4765.01 of the Revised Code.	13841

As used in divisions (A)(7) and (B)(9) of this section,	13842
"investigator of the bureau of criminal identification and	13843
investigation" has the meaning defined in section 2903.11 of the	13844
Revised Code.	13845

(8) "Information pertaining to the recreational activities of	13846
a person under the age of eighteen" means information that is kept	13847
in the ordinary course of business by a public office, that	13848
pertains to the recreational activities of a person under the age	13849
of eighteen years, and that discloses any of the following:	13850

(a) The address or telephone number of a person under the age	13851
of eighteen or the address or telephone number of that person's	13852
parent, guardian, custodian, or emergency contact person;	13853

(b) The social security number, birth date, or photographic	13854
image of a person under the age of eighteen;	13855

(c) Any medical record, history, or information pertaining to	13856
a person under the age of eighteen;	13857

(d) Any additional information sought or required about a	13858
person under the age of eighteen for the purpose of allowing that	13859
person to participate in any recreational activity conducted or	13860
sponsored by a public office or to use or obtain admission	13861
privileges to any recreational facility owned or operated by a	13862
public office.	13863

(9) "Community control sanction" has the same meaning as in	13864
section 2929.01 of the Revised Code.	13865

(10) "Post-release control sanction" has the same meaning as	13866
in section 2967.01 of the Revised Code.	13867

(11) "Redaction" means obscuring or deleting any information	13868
that is exempt from the duty to permit public inspection or	13869
copying from an item that otherwise meets the definition of a	13870
"record" in section 149.011 of the Revised Code.	13871

(12) "Designee" and "elected official" have the same meanings	13872
as in section 109.43 of the Revised Code.	13873

(B)(1) Upon request and subject to division (B)(8) of this	13874
section, all public records responsive to the request shall be	13875
promptly prepared and made available for inspection to any person	13876
at all reasonable times during regular business hours. Subject to	13877
division (B)(8) of this section, upon request, a public office or	13878
person responsible for public records shall make copies of the	13879
requested public record available at cost and within a reasonable	13880
period of time. If a public record contains information that is	13881
exempt from the duty to permit public inspection or to copy the	13882
public record, the public office or the person responsible for the	13883
public record shall make available all of the information within	13884
the public record that is not exempt. When making that public	13885
record available for public inspection or copying that public	13886
record, the public office or the person responsible for the public	13887
record shall notify the requester of any redaction or make the	13888
redaction plainly visible. A redaction shall be deemed a denial of	13889
a request to inspect or copy the redacted information, except if	13890
federal or state law authorizes or requires a public office to	13891
make the redaction.	13892

(2) To facilitate broader access to public records, a public	13893
office or the person responsible for public records shall organize	13894
and maintain public records in a manner that they can be made	13895
available for inspection or copying in accordance with division	13896
(B) of this section. A public office also shall have available a	13897
copy of its current records retention schedule at a location	13898
readily available to the public. If a requester makes an ambiguous	13899
or overly broad request or has difficulty in making a request for	13900
copies or inspection of public records under this section such	13901
that the public office or the person responsible for the requested	13902
public record cannot reasonably identify what public records are	13903
being requested, the public office or the person responsible for	13904
the requested public record may deny the request but shall provide	13905
the requester with an opportunity to revise the request by	13906
informing the requester of the manner in which records are	13907
maintained by the public office and accessed in the ordinary	13908
course of the public office's or person's duties.	13909

(3) If a request is ultimately denied, in part or in whole,	13910
the public office or the person responsible for the requested	13911
public record shall provide the requester with an explanation,	13912
including legal authority, setting forth why the request was	13913
denied. If the initial request was provided in writing, the	13914
explanation also shall be provided to the requester in writing.	13915
The explanation shall not preclude the public office or the person	13916
responsible for the requested public record from relying upon	13917
additional reasons or legal authority in defending an action	13918
commenced under division (C) of this section.	13919

(4) Unless specifically required or authorized by state or	13920
federal law or in accordance with division (B) of this section, no	13921
public office or person responsible for public records may limit	13922
or condition the availability of public records by requiring	13923
disclosure of the requester's identity or the intended use of the	13924
requested public record. Any requirement that the requester	13925
disclose the requestor's identity or the intended use of the	13926
requested public record constitutes a denial of the request.	13927

(5) A public office or person responsible for public records	13928
may ask a requester to make the request in writing, may ask for	13929
the requester's identity, and may inquire about the intended use	13930
of the information requested, but may do so only after disclosing	13931
to the requester that a written request is not mandatory and that	13932
the requester may decline to reveal the requester's identity or	13933
the intended use and when a written request or disclosure of the	13934
identity or intended use would benefit the requester by enhancing	13935
the ability of the public office or person responsible for public	13936
records to identify, locate, or deliver the public records sought	13937
by the requester.	13938

(6) If any person chooses to obtain a copy of a public record	13939
in accordance with division (B) of this section, the public office	13940
or person responsible for the public record may require that	13941
person to pay in advance the cost involved in providing the copy	13942
of the public record in accordance with the choice made by the	13943
person seeking the copy under this division. The public office or	13944
the person responsible for the public record shall permit that	13945
person to choose to have the public record duplicated upon paper,	13946
upon the same medium upon which the public office or person	13947
responsible for the public record keeps it, or upon any other	13948
medium upon which the public office or person responsible for the	13949
public record determines that it reasonably can be duplicated as	13950
an integral part of the normal operations of the public office or	13951
person responsible for the public record. When the person seeking	13952
the copy makes a choice under this division, the public office or	13953
person responsible for the public record shall provide a copy of	13954
it in accordance with the choice made by the person seeking the	13955
copy. Nothing in this section requires a public office or person	13956
responsible for the public record to allow the person seeking a	13957
copy of the public record to make the copies of the public record.	13958

(7) Upon a request made in accordance with division (B) of	13959
this section and subject to division (B)(6) of this section, a	13960
public office or person responsible for public records shall	13961
transmit a copy of a public record to any person by United States	13962
mail or by any other means of delivery or transmission within a	13963
reasonable period of time after receiving the request for the	13964
copy. The public office or person responsible for the public	13965
record may require the person making the request to pay in advance	13966
the cost of postage if the copy is transmitted by United States	13967
mail or the cost of delivery if the copy is transmitted other than	13968
by United States mail, and to pay in advance the costs incurred	13969
for other supplies used in the mailing, delivery, or transmission.	13970

Any public office may adopt a policy and procedures that it	13971
will follow in transmitting, within a reasonable period of time	13972
after receiving a request, copies of public records by United	13973
States mail or by any other means of delivery or transmission	13974
pursuant to this division. A public office that adopts a policy	13975
and procedures under this division shall comply with them in	13976
performing its duties under this division.	13977

In any policy and procedures adopted under this division, a	13978
public office may limit the number of records requested by a	13979
person that the office will transmit by United States mail to ten	13980
per month, unless the person certifies to the office in writing	13981
that the person does not intend to use or forward the requested	13982
records, or the information contained in them, for commercial	13983
purposes. For purposes of this division, "commercial" shall be	13984
narrowly construed and does not include reporting or gathering	13985
news, reporting or gathering information to assist citizen	13986
oversight or understanding of the operation or activities of	13987
government, or nonprofit educational research.	13988

(8) A public office or person responsible for public records	13989
is not required to permit a person who is incarcerated pursuant to	13990
a criminal conviction or a juvenile adjudication to inspect or to	13991
obtain a copy of any public record concerning a criminal	13992
investigation or prosecution or concerning what would be a	13993
criminal investigation or prosecution if the subject of the	13994
investigation or prosecution were an adult, unless the request to	13995
inspect or to obtain a copy of the record is for the purpose of	13996
acquiring information that is subject to release as a public	13997
record under this section and the judge who imposed the sentence	13998
or made the adjudication with respect to the person, or the	13999
judge's successor in office, finds that the information sought in	14000
the public record is necessary to support what appears to be a	14001
justiciable claim of the person.	14002

(9)(a) Upon written request made and signed by a journalist	14003
on or after December 16, 1999, a public office, or person	14004
responsible for public records, having custody of the records of	14005
the agency employing a specified peace officer, parole officer,	14006
prosecuting attorney, assistant prosecuting attorney, correctional	14007
employee, youth services employee, firefighter, EMT, or	14008
investigator of the bureau of criminal identification and	14009
investigation shall disclose to the journalist the address of the	14010
actual personal residence of the peace officer, parole officer,	14011
prosecuting attorney, assistant prosecuting attorney, correctional	14012
employee, youth services employee, firefighter, EMT, or	14013
investigator of the bureau of criminal identification and	14014
investigation and, if the peace officer's, parole officer's,	14015
prosecuting attorney's, assistant prosecuting attorney's,	14016
correctional employee's, youth services employee's, firefighter's,	14017
EMT's, or investigator of the bureau of criminal identification	14018
and investigation's spouse, former spouse, or child is employed by	14019
a public office, the name and address of the employer of the peace	14020
officer's, parole officer's, prosecuting attorney's, assistant	14021
prosecuting attorney's, correctional employee's, youth services	14022
employee's, firefighter's, EMT's, or investigator of the bureau of	14023
criminal identification and investigation's spouse, former spouse,	14024
or child. The request shall include the journalist's name and	14025
title and the name and address of the journalist's employer and	14026
shall state that disclosure of the information sought would be in	14027
the public interest.	14028

(b) Division (B)(9)(a) of this section also applies to	14029
journalist requests for customer information maintained by a	14030
municipally owned or operated public utility, other than social	14031
security numbers and any private financial information such as	14032
credit reports, payment methods, credit card numbers, and bank	14033
account information.	14034

(c) As used in ~~this~~ division (B)(9) of this section,	14035
"journalist" means a person engaged in, connected with, or	14036
employed by any news medium, including a newspaper, magazine,	14037
press association, news agency, or wire service, a radio or	14038
television station, or a similar medium, for the purpose of	14039
gathering, processing, transmitting, compiling, editing, or	14040
disseminating information for the general public.	14041

(C)(1) If a person allegedly is aggrieved by the failure of a	14042
public office or the person responsible for public records to	14043
promptly prepare a public record and to make it available to the	14044
person for inspection in accordance with division (B) of this	14045
section or by any other failure of a public office or the person	14046
responsible for public records to comply with an obligation in	14047
accordance with division (B) of this section, the person allegedly	14048
aggrieved may commence a mandamus action to obtain a judgment that	14049
orders the public office or the person responsible for the public	14050
record to comply with division (B) of this section, that awards	14051
court costs and reasonable attorney's fees to the person that	14052
instituted the mandamus action, and, if applicable, that includes	14053
an order fixing statutory damages under division (C)(1) of this	14054
section. The mandamus action may be commenced in the court of	14055
common pleas of the county in which division (B) of this section	14056
allegedly was not complied with, in the supreme court pursuant to	14057
its original jurisdiction under Section 2 of Article IV, Ohio	14058
Constitution, or in the court of appeals for the appellate	14059
district in which division (B) of this section allegedly was not	14060
complied with pursuant to its original jurisdiction under Section	14061
3 of Article IV, Ohio Constitution.	14062

If a requestor transmits a written request by hand delivery	14063
or certified mail to inspect or receive copies of any public	14064
record in a manner that fairly describes the public record or	14065
class of public records to the public office or person responsible	14066
for the requested public records, except as otherwise provided in	14067
this section, the requestor shall be entitled to recover the	14068
amount of statutory damages set forth in this division if a court	14069
determines that the public office or the person responsible for	14070
public records failed to comply with an obligation in accordance	14071
with division (B) of this section.	14072

The amount of statutory damages shall be fixed at one hundred	14073
dollars for each business day during which the public office or	14074
person responsible for the requested public records failed to	14075
comply with an obligation in accordance with division (B) of this	14076
section, beginning with the day on which the requester files a	14077
mandamus action to recover statutory damages, up to a maximum of	14078
one thousand dollars. The award of statutory damages shall not be	14079
construed as a penalty, but as compensation for injury arising	14080
from lost use of the requested information. The existence of this	14081
injury shall be conclusively presumed. The award of statutory	14082
damages shall be in addition to all other remedies authorized by	14083
this section.	14084

The court may reduce an award of statutory damages or not	14085
award statutory damages if the court determines both of the	14086
following:	14087

(a) That, based on the ordinary application of statutory law	14088
and case law as it existed at the time of the conduct or	14089
threatened conduct of the public office or person responsible for	14090
the requested public records that allegedly constitutes a failure	14091
to comply with an obligation in accordance with division (B) of	14092
this section and that was the basis of the mandamus action, a	14093
well-informed public office or person responsible for the	14094
requested public records reasonably would believe that the conduct	14095
or threatened conduct of the public office or person responsible	14096
for the requested public records did not constitute a failure to	14097
comply with an obligation in accordance with division (B) of this	14098
section;	14099

(b) That a well-informed public office or person responsible	14100
for the requested public records reasonably would believe that the	14101
conduct or threatened conduct of the public office or person	14102
responsible for the requested public records would serve the	14103
public policy that underlies the authority that is asserted as	14104
permitting that conduct or threatened conduct.	14105

(2)(a) If the court issues a writ of mandamus that orders the	14106
public office or the person responsible for the public record to	14107
comply with division (B) of this section and determines that the	14108
circumstances described in division (C)(1) of this section exist,	14109
the court shall determine and award to the relator all court	14110
costs.	14111

(b) If the court renders a judgment that orders the public	14112
office or the person responsible for the public record to comply	14113
with division (B) of this section, the court may award reasonable	14114
attorney's fees subject to reduction as described in division	14115
(C)(2)(c) of this section. The court shall award reasonable	14116
attorney's fees, subject to reduction as described in division	14117
(C)(2)(c) of this section when either of the following applies:	14118

(i) The public office or the person responsible for the	14119
public records failed to respond affirmatively or negatively to	14120
the public records request in accordance with the time allowed	14121
under division (B) of this section.	14122

(ii) The public office or the person responsible for the	14123
public records promised to permit the relator to inspect or	14124
receive copies of the public records requested within a specified	14125
period of time but failed to fulfill that promise within that	14126
specified period of time.	14127

(c) Court costs and reasonable attorney's fees awarded under	14128
this section shall be construed as remedial and not punitive.	14129
Reasonable attorney's fees shall include reasonable fees incurred	14130
to produce proof of the reasonableness and amount of the fees and	14131
to otherwise litigate entitlement to the fees. The court may	14132
reduce an award of attorney's fees to the relator or not award	14133
attorney's fees to the relator if the court determines both of the	14134
following:	14135

(i) That, based on the ordinary application of statutory law	14136
and case law as it existed at the time of the conduct or	14137
threatened conduct of the public office or person responsible for	14138
the requested public records that allegedly constitutes a failure	14139
to comply with an obligation in accordance with division (B) of	14140
this section and that was the basis of the mandamus action, a	14141
well-informed public office or person responsible for the	14142
requested public records reasonably would believe that the conduct	14143
or threatened conduct of the public office or person responsible	14144
for the requested public records did not constitute a failure to	14145
comply with an obligation in accordance with division (B) of this	14146
section;	14147

(ii) That a well-informed public office or person responsible	14148
for the requested public records reasonably would believe that the	14149
conduct or threatened conduct of the public office or person	14150
responsible for the requested public records as described in	14151
division (C)(2)(c)(i) of this section would serve the public	14152
policy that underlies the authority that is asserted as permitting	14153
that conduct or threatened conduct.	14154

(D) Chapter 1347. of the Revised Code does not limit the	14155
provisions of this section.	14156

(E)(1) To ensure that all employees of public offices are	14157
appropriately educated about a public office's obligations under	14158
division (B) of this section, all elected officials or their	14159
appropriate designees shall attend training approved by the	14160
attorney general as provided in section 109.43 of the Revised	14161
Code. In addition, all public offices shall adopt a public records	14162
policy in compliance with this section for responding to public	14163
records requests. In adopting a public records policy under this	14164
division, a public office may obtain guidance from the model	14165
public records policy developed and provided to the public office	14166
by the attorney general under section 109.43 of the Revised Code.	14167
Except as otherwise provided in this section, the policy may not	14168
limit the number of public records that the public office will	14169
make available to a single person, may not limit the number of	14170
public records that it will make available during a fixed period	14171
of time, and may not establish a fixed period of time before it	14172
will respond to a request for inspection or copying of public	14173
records, unless that period is less than eight hours.	14174

(2) The public office shall distribute the public records	14175
policy adopted by the public office under division (E)(1) of this	14176
section to the employee of the public office who is the records	14177
custodian or records manager or otherwise has custody of the	14178
records of that office. The public office shall require that	14179
employee to acknowledge receipt of the copy of the public records	14180
policy. The public office shall create a poster that describes its	14181
public records policy and shall post the poster in a conspicuous	14182
place in the public office and in all locations where the public	14183
office has branch offices. The public office may post its public	14184
records policy on the internet web site of the public office if	14185
the public office maintains an internet web site. A public office	14186
that has established a manual or handbook of its general policies	14187
and procedures for all employees of the public office shall	14188
include the public records policy of the public office in the	14189
manual or handbook.	14190

(F)(1) The bureau of motor vehicles may adopt rules pursuant	14191
to Chapter 119. of the Revised Code to reasonably limit the number	14192
of bulk commercial special extraction requests made by a person	14193
for the same records or for updated records during a calendar	14194
year. The rules may include provisions for charges to be made for	14195
bulk commercial special extraction requests for the actual cost of	14196
the bureau, plus special extraction costs, plus ten per cent. The	14197
bureau may charge for expenses for redacting information, the	14198
release of which is prohibited by law.	14199

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

14200

(a) "Actual cost" means the cost of depleted supplies,	14201
records storage media costs, actual mailing and alternative	14202
delivery costs, or other transmitting costs, and any direct	14203
equipment operating and maintenance costs, including actual costs	14204
paid to private contractors for copying services.	14205

(b) "Bulk commercial special extraction request" means a	14206
request for copies of a record for information in a format other	14207
than the format already available, or information that cannot be	14208
extracted without examination of all items in a records series,	14209
class of records, or data base by a person who intends to use or	14210
forward the copies for surveys, marketing, solicitation, or resale	14211
for commercial purposes. "Bulk commercial special extraction	14212
request" does not include a request by a person who gives	14213
assurance to the bureau that the person making the request does	14214
not intend to use or forward the requested copies for surveys,	14215
marketing, solicitation, or resale for commercial purposes.	14216

(c) "Commercial" means profit-seeking production, buying, or	14217
selling of any good, service, or other product.	14218

(d) "Special extraction costs" means the cost of the time	14219
spent by the lowest paid employee competent to perform the task,	14220
the actual amount paid to outside private contractors employed by	14221
the bureau, or the actual cost incurred to create computer	14222
programs to make the special extraction. "Special extraction	14223
costs" include any charges paid to a public agency for computer or	14224
records services.	14225

(3) For purposes of divisions (F)(1) and (2) of this section,	14226
"surveys, marketing, solicitation, or resale for commercial	14227
purposes" shall be narrowly construed and does not include	14228
reporting or gathering news, reporting or gathering information to	14229
assist citizen oversight or understanding of the operation or	14230
activities of government, or nonprofit educational research.	14231

Sec. 149.351. (A) All records are the property of the public	14232
office concerned and shall not be removed, destroyed, mutilated,	14233
transferred, or otherwise damaged or disposed of, in whole or in	14234
part, except as provided by law or under the rules adopted by the	14235
records commissions provided for under sections 149.38 to 149.42	14236
of the Revised Code or under the records programs established by	14237
the boards of trustees of state-supported institutions of higher	14238
education under section 149.33 of the Revised Code. ~~Such~~Those	14239
records shall be delivered by outgoing officials and employees to	14240
their successors and shall not be otherwise removed, destroyed,	14241
mutilated, or transferred~~, or destroyed~~ unlawfully.	14242

(B) Any person who is aggrieved by the removal, destruction,	14243
mutilation, or transfer of, or by other damage to or disposition	14244
of a record in violation of division (A) of this section, or by	14245
threat of such removal, destruction, mutilation, transfer, or	14246
other damage to or disposition of such a record, may commence	14247
either or both of the following in the court of common pleas of	14248
the county in which division (A) of this section allegedly was	14249
violated or is threatened to be violated:	14250

(1) A civil action for injunctive relief to compel compliance	14251
with division (A) of this section, and to obtain an award of the	14252
reasonable attorney's fees incurred by the person in the civil	14253
action;	14254

(2) A civil action to recover a forfeiture in the amount of	14255
one thousand dollars for each violation, but not to exceed a	14256
cumulative total of ten thousand dollars, regardless of the number	14257
of violations, and to obtain an award of the reasonable attorney's	14258
fees incurred by the person in the civil action not to exceed the	14259
forfeiture amount recovered.	14260

(C)(1) A person is not aggrieved by a violation of division	14261
(A) of this section if clear and convincing evidence shows that	14262
the request for a record was contrived as a pretext to create	14263
potential liability under this section. The commencement of a	14264
civil action under division (B) of this section waives any right	14265
under this chapter to decline to divulge the purpose for	14266
requesting the record, but only to the extent needed to evaluate	14267
whether the request was contrived as a pretext to create potential	14268
liability under this section.	14269

(2) In a civil action under division (B) of this section, if	14270
clear and convincing evidence shows that the request for a record	14271
was a pretext to create potential liability under this section,	14272
the court may award reasonable attorney's fees to any defendant or	14273
defendants in the action.	14274

(D) Once a person recovers a forfeiture in a civil action	14275
commenced under division (B)(2) of this section, no other person	14276
may recover a forfeiture under that division for a violation of	14277
division (A) of this section involving the same record, regardless	14278
of the number of persons aggrieved by a violation of division (A)	14279
of this section or the number of civil actions commenced under	14280
this section.	14281

(E) A civil action for injunctive relief under division	14282
(B)(1) of this section or a civil action to recover a forfeiture	14283
under division (B)(2) of this section shall be commenced within	14284
six years after the day in which division (A) of this section was	14285
allegedly violated or was threatened to be violated.	14286

Sec. 153.01. (A) Whenever any building or structure for the	14287
use of the state or any institution supported in whole or in part	14288
by the state or in or upon the public works of the state that is	14289
administered by the director of administrative services or by any	14290
other state officer or state agency authorized by law to	14291
administer a project, including an educational institution listed	14292
in section 3345.50 of the Revised Code, is to be erected or	14293
constructed, whenever additions, alterations, or structural or	14294
other improvements are to be made, or whenever heating, cooling,	14295
or ventilating plants or other equipment is to be installed or	14296
material supplied therefor, the ~~aggregate~~estimated cost of which	14297
amounts to ~~fifty~~two hundred thousand dollars or more, or the	14298
amount determined pursuant to section 153.53 of the Revised Code	14299
or more, each officer, board, or other authority upon which	14300
devolves the duty of constructing, erecting, altering, or	14301
installing the same, referred to in sections 153.01 to 153.60 of	14302
the Revised Code as the ~~owner~~public authority, shall cause to be	14303
made, by an architect or engineer whose contract of employment	14304
shall be prepared and approved by the attorney general, the	14305
following:	14306

~~(A)~~(1) Full and accurate plans, suitable for the use of	14307
mechanics and other builders in the construction, improvement,	14308
addition, alteration, or installation;	14309

~~(B)~~(2) Details to scale and full-sized, so drawn and	14310
represented as to be easily understood;	14311

~~(C) Accurate bills showing the exact quantity of different~~	14312
~~kinds of material necessary to the construction;~~	14313

~~(D)~~(3) Definite and complete specifications of the work to be	14314
performed, together with directions that will enable a competent	14315
mechanic or other builder to carry them out and afford bidders all	14316
needful information;	14317

~~(E)~~(4) A full and accurate estimate of each item of expense	14318
and the aggregate cost of those items of expense;	14319

~~(F)~~(5) A life-cycle cost analysis;

14320

~~(G)~~(6) Further data as may be required by the department of	14321
administrative services.	14322

(B) The data described in divisions (A)(1) to (6) of this	14323
section shall not be required with respect to any work to be	14324
performed pursuant to a construction management contract entered	14325
into with a construction manager at risk as described in section	14326
9.334 of the Revised Code or pursuant to a design-build contract	14327
entered into with a design-build firm as described in section	14328
153.693 of the Revised Code.	14329

Sec. 153.012. With respect to the award of any contract for	14330
the construction, reconstruction, improvement, enlargement,	14331
alteration, repair, painting, or decoration of a public	14332
improvement, including any highway improvement, made by the state	14333
or in whole or in part supported by the state and including any	14334
subcontract awarded pursuant to section 153.501 of the Revised	14335
Code, ~~except for~~but excluding a contract for products produced or	14336
mined in Ohio or for a contract financed in whole or in part by	14337
contributions or loans from any agency of the United States	14338
government, preference shall be given to contractors or	14339
subcontractors having their ~~principle~~principal place of business	14340
in Ohio over ~~contrctors~~contractors or subcontractors having their	14341
~~principle~~principal place of business in a state which provides a	14342
preference in that state in favor of contractors or subcontractors	14343
of that state for the same type of work. Where a preference is	14344
provided by another state for contractors or subcontractors of	14345
that state, contractors or subcontractors having their ~~principle~~	14346
principal place of business in Ohio are to be granted in Ohio the	14347
same preference over them in the same manner and on the same basis	14348
and to the same extent as the preference is granted in letting	14349
contracts or subcontracts for the same type of work by the other	14350
state. If one party to a joint venture is a contractor or	14351
subcontractors having its ~~principle~~principal place of business	14352
in Ohio, the joint venture shall be considered as having its	14353
~~principle~~principal place of business in Ohio.	14354

Sec. 153.02. (A) The director of administrative services, on	14355
the director's own initiative or upon request of the Ohio school	14356
facilities commission, may debar a contractor from contract awards	14357
for public improvements as referred to in section 153.01 of the	14358
Revised Code or for projects as defined in section 3318.01 of the	14359
Revised Code, upon proof that the contractor has done any of the	14360
following:	14361

(1) Defaulted on a contract requiring the execution of a	14362
takeover agreement as set forth in division (B) of section 153.17	14363
of the Revised Code;	14364

(2) Knowingly failed during the course of a contract to	14365
maintain the coverage required by the bureau of workers'	14366
compensation;	14367

(3) Knowingly failed during the course of a contract to	14368
maintain the contractor's drug-free workplace program as required	14369
by the contract;	14370

(4) Knowingly failed during the course of a contract to	14371
maintain insurance required by the contract or otherwise by law,	14372
resulting in a substantial loss to the owner, as owner is referred	14373
to in section 153.01 of the Revised Code, or to the commission and	14374
school district board, as provided in division (F) of section	14375
3318.08 of the Revised Code;	14376

(5) Misrepresented the firm's qualifications in the selection	14377
process set forth in sections 153.65 to 153.71 or section 3318.10	14378
of the Revised Code;	14379

(6) Been convicted of a criminal offense related to the	14380
application for or performance of any public or private contract,	14381
including, but not limited to, embezzlement, theft, forgery,	14382
bribery, falsification or destruction of records, receiving stolen	14383
property, and any other offense that directly reflects on the	14384
contractor's business integrity;	14385

(7) Been convicted of a criminal offense under state or	14386
federal antitrust laws;	14387

(8) Deliberately or willfully submitted false or misleading	14388
information in connection with the application for or performance	14389
of a public contract;	14390

(9) Been debarred from bidding on or participating in a	14391
contract with any state or federal agency.	14392

(B) When the director reasonably believes that grounds for	14393
debarment exist, the director shall send the contractor a notice	14394
of proposed debarment indicating the grounds for the proposed	14395
debarment and the procedure for requesting a hearing on the	14396
proposed debarment. The hearing shall be conducted in accordance	14397
with Chapter 119. of the Revised Code. If the contractor does not	14398
respond with a request for a hearing in the manner specified in	14399
Chapter 119. of the Revised Code, the director shall issue the	14400
debarment decision without a hearing and shall notify the	14401
contractor of the decision by certified mail, return receipt	14402
requested.	14403

(C) The director shall determine the length of the debarment	14404
period and may rescind the debarment at any time upon notification	14405
to the contractor. During the period of debarment, the contractor	14406
is not eligible to bid for or participate in any contract for a	14407
public improvement as referred to in section 153.01 of the Revised	14408
Code or for a project as defined in section 3318.01 of the Revised	14409
Code. After the debarment period expires, the contractor shall be	14410
eligible to bid for and participate in such contracts ~~for a public~~	14411
~~improvement as referred to in section 153.01 of the Revised Code~~.	14412

(D) The director, through the office of the state architect,	14413
shall maintain a list of all contractors currently debarred under	14414
this section. Any governmental entity awarding a contract for	14415
construction of a public improvement or project may use a	14416
contractor's presence on the debarment list to determine whether a	14417
contractor is responsible or best under section 9.312 or any other	14418
section of the Revised Code in the award of a contract.	14419

Sec. 153.03. (A) As used in this section:

14420

(1) "Contracting authority" means any state agency or other	14421
state instrumentality that is authorized to award a public	14422
improvement contract.	14423

(2) "Bidder" means a person who submits a bid to a	14424
contracting authority to perform work under a public improvement	14425
contract.	14426

(3) "Contractor" means any person with whom a contracting	14427
authority has entered into a public improvement contract to	14428
provide labor for a public improvement and includes a construction	14429
manager at risk and a design-build firm.	14430

(4) "Subcontractor" means any person who undertakes to	14431
provide any part of the labor on the site of a public improvement	14432
under a contract with any person other than the contracting	14433
authority, including all such persons in any tier.	14434

(5) "Construction manager" ~~means a person with substantial~~	14435
~~discretion and authority to plan, coordinate, manage, and direct~~	14436
~~all phases of a project for the construction, demolition,~~	14437
~~alteration, repair, or reconstruction of any public building,~~	14438
~~structure, or other improvement~~has the same meaning as in section	14439
9.33 of the Revised Code.	14440

(6) "Construction manager at risk" has the same meaning as in	14441
section 9.33 of the Revised Code.	14442

(7) "Design-build firm" has the same meaning as in section	14443
153.65 of the Revised Code.	14444

(8) "Labor" means any activity performed by a person that	14445
contributes to the direct installation of a product, component, or	14446
system, or that contributes to the direct removal of a product,	14447
component, or system.	14448

~~(7)~~(9) "Public improvement contract" means any contract that	14449
is financed in whole or in part with money appropriated by the	14450
general assembly, or that is financed in any manner by a	14451
contracting authority, and that is awarded by a contracting	14452
authority for the construction, alteration, or repair of any	14453
public building, public highway, or other public improvement.	14454

~~(8)~~(10) "State agency" means every organized body, office, or	14455
agency established by the laws of this state for the exercise of	14456
any function of state government.	14457

(B) A contracting authority shall not award a public	14458
improvement contract to a bidder, and a construction manager at	14459
risk or design-build firm shall not award a subcontract pursuant	14460
to section 153.501 of the Revised Code, unless the contract or	14461
subcontract contains both of the following:	14462

(1) The statements described in division (E) of this section;

14463

(2) Terms that require the contractor or subcontractor to be	14464
enrolled in and be in good standing in the drug-free workplace	14465
program of the bureau of workers' compensation or a comparable	14466
program approved by the bureau that requires an employer to do all	14467
of the following:	14468

(a) Develop, implement, and provide to all employees a	14469
written substance use policy that conveys full and fair disclosure	14470
of the employer's expectations that no employee be at work with	14471
alcohol or drugs in the employee's system, and specifies the	14472
consequences for violating the policy.	14473

(b) Conduct drug and alcohol tests on employees in accordance	14474
with division (B)(2)(c) of this section and under the following	14475
conditions:	14476

(i) Prior to an individual's employment or during an	14477
employee's probationary period for employment, which shall not	14478
exceed one hundred twenty days after the probationary period	14479
begins;	14480

(ii) At random intervals while an employee provides labor or	14481
~~onsite~~on-site supervision of labor for a public improvement	14482
contract. The employer shall use the neutral selection procedures	14483
required by the United States department of transportation to	14484
determine which employees to test and when to test those	14485
employees.	14486

(iii) After an accident at the site where labor is being	14487
performed pursuant to a public improvement contract. For purposes	14488
of this division, "accident" has the meaning established in rules	14489
the administrator of workers' compensation adopts pursuant to	14490
Chapters 4121. and 4123. of the Revised Code for the bureau's	14491
drug-free workplace program, as those rules exist on ~~the effective~~	14492
~~date of this section~~March 30, 2007.	14493

(iv) When the employer ~~or a~~, construction manager,	14494
construction manager at risk, or design-build firm has reasonable	14495
suspicion that prior to an accident an employee may be in	14496
violation of the employer's written substance use policy. For	14497
purposes of this division, "reasonable suspicion" has the meaning	14498
established in rules the administrator adopts pursuant to Chapters	14499
4121. and 4123. of the Revised Code for the bureau's drug-free	14500
workplace program, as those rules exist on ~~the effective date of~~	14501
~~this section~~March 30, 2007.	14502

(v) Prior to an employee returning to a work site to provide	14503
labor for a public improvement contract after the employee tested	14504
positive for drugs or alcohol, and again after the employee	14505
returns to that site to provide labor under that contract, as	14506
required by either the employer, ~~the~~ construction manager,	14507
construction manager at risk, design-build firm, or conditions in	14508
the contract.	14509

(c) Use the following types of tests when conducting a test	14510
on an employee under the conditions described in division	14511
(B)(2)(b) of this section:	14512

(i) Drug and alcohol testing that uses the federal testing	14513
model that the administrator has incorporated into the bureau's	14514
drug-free workplace program;	14515

(ii) Testing to determine whether the concentration of	14516
alcohol on an employee's breath is equal to or in excess of the	14517
level specified in division (A)(1)(d) or (h) of section 4511.19 of	14518
the Revised Code, which is obtained through an evidentiary breath	14519
test conducted by a breath alcohol technician using breath testing	14520
equipment that meets standards established by the United States	14521
department of transportation, or, if such technician and equipment	14522
are unavailable, a blood test may be used to determine whether the	14523
concentration of alcohol in an employee's blood is equal to or in	14524
excess of the level specified in division (A)(1)(b) or (f) of	14525
section 4511.19 of the Revised Code.	14526

(d) Require all employees to receive at least one hour of	14527
training that increases awareness of and attempts to deter	14528
substance abuse and supplies information about employee assistance	14529
to deal with substance abuse problems, and require all supervisors	14530
to receive one additional hour of training in skill building to	14531
teach a supervisor how to observe and document employee behavior	14532
and intervene when reasonable suspicion exists of substance use;	14533

(e) Require all supervisors and employees to receive the	14534
training described in division (B)(2)(d) of this section before	14535
work for a public improvement contract commences or during the	14536
term of a public improvement contract;	14537

(f) Require that the training described in division (B)(2)(d)	14538
of this section be provided using material prepared by an	14539
individual who has credentials or experience in substance abuse	14540
training;	14541

(g) Assist employees by providing, at a minimum, a list of	14542
community resources from which an employee may obtain help with	14543
substance abuse problems, except that this requirement does not	14544
preclude an employer from having a policy that allows an employer	14545
to terminate an employee's employment the first time the employee	14546
tests positive for drugs or alcohol or if an employee refuses to	14547
be tested for drugs, alcohol, or both.	14548

(C) Any time the United States department of health and human	14549
services changes the federal testing model that the administrator	14550
has incorporated into the bureau's drug-free workplace program in	14551
a manner that allows additional or new products, protocols,	14552
procedures, and standards in the model, the administrator may	14553
adopt rules establishing standards to allow employers to use those	14554
additional or new products, protocols, procedures, or standards to	14555
satisfy the requirements of division (B)(2)(c) of this section,	14556
and the bureau may approve an employer's drug-free workplace	14557
program that meets the administrator's standards and the other	14558
requirements specified in division (B)(2) of this section.	14559

(D) A contracting authority shall ensure that money	14560
appropriated by the general assembly for the contracting	14561
authority's public improvement contract or, in the case of a state	14562
institution of higher education, the institution's financing for	14563
the public improvement contract, is not expended unless the	14564
contractor for that contract is enrolled in and in good standing	14565
in a drug-free workplace program described in division (B) of this	14566
section. Prior to awarding a contract to a bidder, a contracting	14567
authority shall verify that the bidder is enrolled in and in good	14568
standing in such a program.	14569

(E) A contracting authority shall include all of the	14570
following statements in the public improvement contract entered	14571
into between the contracting authority and a contractor for the	14572
public improvement:	14573

(1) "Each contractor shall require all subcontractors with	14574
whom the contractor is in contract for the public improvement to	14575
be enrolled in and be in good standing in the Bureau of Workers'	14576
Compensation's Drug-Free Workplace Program or a comparable program	14577
approved by the Bureau that meets the requirements specified in	14578
section 153.03 of the Revised Code prior to a subcontractor	14579
providing labor at the project site of the public improvement."	14580

(2) "Each subcontractor shall require all lower-tier	14581
subcontractors with whom the subcontractor is in contract for the	14582
public improvement to be enrolled in and be in good standing in	14583
the Bureau of Workers' Compensation's Drug-Free Workplace Program	14584
or a comparable program approved by the Bureau that meets the	14585
requirements specified in section 153.03 of the Revised Code prior	14586
to a lower-tier subcontractor providing labor at the project site	14587
of the public improvement."	14588

(3) "Failure of a contractor to require a subcontractor to be	14589
enrolled in and be in good standing in the Bureau of Workers'	14590
Compensation's Drug-Free Workplace Program or a comparable program	14591
approved by the Bureau that meets the requirements specified in	14592
section 153.03 of the Revised Code prior to the time that the	14593
subcontractor provides labor at the project site will result in	14594
the contractor being found in breach of the contract and that	14595
breach shall be used in the responsibility analysis of that	14596
contractor or the subcontractor who was not enrolled in a program	14597
for future contracts with the state for five years after the date	14598
of the breach."	14599

(4) "Failure of a subcontractor to require a lower-tier	14600
subcontractor to be enrolled in and be in good standing in the	14601
Bureau of Workers' Compensation's Drug-Free Workplace Program or a	14602
comparable program approved by the Bureau that meets the	14603
requirements specified in section 153.03 of the Revised Code prior	14604
to the time that the lower-tier subcontractor provides labor at	14605
the project site will result in the subcontractor being found in	14606
breach of the contract and that breach shall be used in the	14607
responsibility analysis of that subcontractor or the lower-tier	14608
subcontractor who was not enrolled in a program for future	14609
contracts with the state for five years after the date of the	14610
breach."	14611

(F) In the event a construction manager, construction manager	14612
at risk, or design-build firm intends and is authorized to provide	14613
labor for a public improvement contract, a contracting authority	14614
shall verify, prior to awarding a contract for construction	14615
management services or design-build services, that the	14616
construction manager, construction manager at risk, or	14617
design-build firm was enrolled in and in good standing in a	14618
drug-free workplace program described in division (B) of this	14619
section prior to entering into the public improvement contract.	14620
The contracting authority shall not award a contract for	14621
construction manager services ~~to a construction manager~~or	14622
design-build services if the construction manager, construction	14623
manager at risk, or design-build firm is not enrolled in or in	14624
good standing in such a program.	14625

Sec. 153.07. The notice provided for in section 153.06 of	14626
the Revised Code shall be published once each week for three	14627
consecutive weeks in a newspaper of general circulation, or as	14628
provided in section 7.16 of the Revised Code, in the county where	14629
the activity for which bids are submitted is to occur and in such	14630
other newspapers as ordered by the department of administrative	14631
services, the last publication to be at least eight days preceding	14632
the day for opening the bids, and in such form and with such	14633
phraseology as the department orders. Copies of the plans,	14634
details, ~~bills of material,~~ estimates of cost, and specifications	14635
shall be open to public inspection at all business hours between	14636
the day of the first publication and the day for opening the bids,	14637
at the office of the department where the bids are received, and	14638
such other place as may be designated in such notice.	14639

Sec. 153.08. On the day and at the place named in the notice	14640
provided for in section 153.06 of the Revised Code, the owner	14641
referred to in section 153.01 of the Revised Code shall open the	14642
bids and shall publicly, with the assistance of the architect or	14643
engineer, immediately proceed to tabulate the bids upon duplicate	14644
sheets. The public bid opening may be broadcast by electronic	14645
means pursuant to rules established by the director of	14646
administrative services. A bid shall be invalid and not considered	14647
unless a bid guaranty meeting the requirements of section 153.54	14648
of the Revised Code and in the form approved by the department of	14649
administrative services is filed with such bid ~~and unless such~~.	14650
For a bid that is not filed electronically, the bid and bid	14651
guaranty ~~are~~shall be filed in one sealed envelope. If the bid	14652
and bid guaranty are filed electronically, they must be received	14653
electronically before the deadline published pursuant to section	14654
153.06 of the Revised Code. For all bids filed electronically, the	14655
original, unaltered bid guaranty shall be made available to the	14656
public authority after the public bid opening. After	14657
investigation, which shall be completed within thirty days, the	14658
contract shall be awarded by such owner to the lowest responsive	14659
and responsible bidder in accordance with section 9.312 of the	14660
Revised Code.	14661

No contract shall be entered into until the industrial	14662
commission has certified that the person so awarded the contract	14663
has complied with sections 4123.01 to 4123.94 of the Revised Code,	14664
until, if the bidder so awarded the contract is a foreign	14665
corporation, the secretary of state has certified that such	14666
corporation is authorized to do business in this state, until, if	14667
the bidder so awarded the contract is a person nonresident of this	14668
state, such person has filed with the secretary of state a power	14669
of attorney designating the secretary of state as its agent for	14670
the purpose of accepting service of summons in any action brought	14671
under section 153.05 of the Revised Code or under sections 4123.01	14672
to 4123.94 of the Revised Code, and until the contract and bond,	14673
if any, are submitted to the attorney general and the attorney	14674
general's approval certified thereon.	14675

No contract shall be entered into unless the bidder possesses	14676
a valid certificate of compliance with affirmative action programs	14677
issued pursuant to section 9.47 of the Revised Code and dated no	14678
earlier than one hundred eighty days prior to the date fixed for	14679
the opening of bids for a particular project.	14680

Sec. 153.50. (A) AnAs used in sections 153.50 to 153.52 of	14681
the Revised Code:	14682

(1) "Construction manager at risk" has the same meaning as in	14683
section 9.33 of the Revised Code.	14684

(2) "Design-assist" means monitoring and assisting in the	14685
completion of the plans and specifications.	14686

(3) "Design-assist firm" means a person capable of performing	14687
design-assist.	14688

(4) "Design-build firm" has the same meaning as in section	14689
153.65 of the Revised Code.	14690

(B) Except for contracts made with a construction manager at	14691
risk or with a design-build firm, an officer, board, or other	14692
authority of the state, a county, township, municipal corporation,	14693
or school district, or of any public institution belonging	14694
thereto, authorized to contract for the erection, repair,	14695
alteration, or rebuilding of a public building, institution,	14696
bridge, culvert, or improvement and required by law to advertise	14697
and receive bids for furnishing of materials and doing the work	14698
necessary for the erection thereof, shall require separate and	14699
distinct bids to be made for furnishing such materials or doing	14700
such work, or both, in their discretion, for each of the following	14701
branches or classes of work to be performed, and all work kindred	14702
thereto, entering into the improvement:	14703

(1) Plumbing and gas fitting;

14704

(2) Steam and hot-water heating, ventilating apparatus, and	14705
steam-power plant;	14706

(3) Electrical equipment.

14707

~~(B)~~(C) A public authority is not required to solicit separate	14708
bids for a branch or class of work specified in division (A) of	14709
this section for an improvement if the estimated cost for that	14710
branch or class of work is less than ~~five~~twenty thousand dollars.	14711

Sec. 153.501. (A) A public authority may accept a subcontract	14712
awarded by a construction manager at risk, a design-build firm, or	14713
a general contracting firm, or may reject any such contract if the	14714
public authority determines that the bidder is not responsible.	14715

(B) A public authority may authorize a construction manager	14716
at risk or design-build firm to utilize a design-assist firm on	14717
any public improvement project.	14718

(C) If the construction manager at risk or design-build firm	14719
intends and is permitted by the public authority to self-perform a	14720
portion of the work to be performed for the project, the	14721
construction manager at risk or design-build firm shall submit a	14722
sealed bid to the public authority for the portion of the work not	14723
less than seventy-two hours prior to accepting and opening any	14724
bids for the same work. If a guaranteed maximum price has been	14725
established, the amount of the construction manager at risk or the	14726
design-build firm's bid shall not exceed the estimate for the cost	14727
of that portion of the work in the guaranteed maximum price.	14728

(D) The construction manager at risk or design-build firm	14729
shall determine the scope of work for separate and distinct bid	14730
packages and solicit bids from prequalified bidders, consistent	14731
with section 153.502 of the Revised Code. Bid packages for a	14732
subcontract shall be based on complete plans and specifications of	14733
the work to be performed, together with directions to enable a	14734
competent mechanic or other builder to carry out those directions	14735
and any other necessary information. Bids for subcontracts shall	14736
be opened publicly and subcontracts shall be awarded as determined	14737
by the construction manager at risk or design-build firm with	14738
notice to all bidders. The construction manager at risk or	14739
design-build firm shall make an estimate for each subcontract	14740
available to all prospective bidders at least ten days prior to	14741
the acceptance and opening of bids. If a guaranteed maximum price	14742
has been established for the project, the estimates shall be the	14743
estimates established in the guaranteed maximum price for the	14744
respective scopes of work. After a public bid opening, including	14745
any bid submitted in accordance with division (D) of this section,	14746
the construction manager at risk or design-build firm shall make	14747
recommendations to the public authority about the lowest	14748
responsive prequalified bidder.	14749

(E) Each subcontract awarded pursuant to this section shall	14750
be awarded to the lowest responsive prequalified bidder as	14751
determined by the construction manager at risk or design-build	14752
firm after a public bid opening, unless no bid is lower than the	14753
estimate for that subcontract. If no bid for a subcontract is	14754
lower than its estimate, the construction manager at risk or	14755
design-build firm may revise the scope of work and estimate for	14756
that subcontract and may seek new bids, or, subject to the terms	14757
of the contract for the project between the public authority and	14758
the construction manager at risk or design-build firm, use	14759
contingency funds in the guaranteed maximum price to pay the	14760
excess costs without any increase in the guaranteed maximum price.	14761
If a subcontract is awarded to the construction manager at risk or	14762
design-build firm, no contingency funds shall be used to pay any	14763
increase in the subcontract amount.	14764

Sec. 153.502. A contract or subcontract for a project with a	14765
public authority described in section 153.01 of the Revised Code	14766
that is an owner may be awarded only to a bidder on the contract	14767
or subcontract who has been prequalified to bid on contracts or	14768
subcontracts by the department of administrative services under	14769
rules adopted pursuant to section 153.503 of the Revised Code.	14770

Sec. 153.503. (A) The director of administrative services,	14771
pursuant to Chapter 119. of the Revised Code and not later than	14772
June 30, 2012, shall adopt rules for public authorities referred	14773
to in section 153.01 of the Revised Code that are owners to do the	14774
following:	14775

(1) Prescribe the procedures and criteria for determining the	14776
best value selection of a construction manager at risk or	14777
design-build firm;	14778

(2) Prescribe forms, consistent with the forms adopted	14779
pursuant to division (B) of this section, for the contract	14780
documents to be used by a public authority when entering into a	14781
contract with a construction manager at risk or design-build firm.	14782

(3) Establish a program under which the state architect	14783
certifies public authorities as eligible to enter into contracts	14784
with construction managers at risk under sections 9.33 to 9.336 of	14785
the Revised Code and contracts with design-build firms under	14786
sections 153.65 to 153.73 of the Revised Code.	14787

The rules shall include criteria for determining whether the	14788
use of a construction manager at risk or design-build firm is in	14789
the best interests of the public authority and procedures for	14790
administrating contracts with and monitoring the performance of a	14791
construction manager at risk or design-build firm.	14792

(4) Require public authorities to use contract documents that	14793
conform to rules adopted by the director under section 153.16 of	14794
the Revised Code for all subcontracts and that allow amendments	14795
only upon the approval of the state architect.	14796

(5) Establish a program for prequalifying bidders on	14797
subcontracts generally and for specific projects. The criteria for	14798
prequalification shall be consistent with the factors described in	14799
division (B) of section 9.312 of the Revised Code for determining	14800
whether a bidder is a responsible bidder.	14801

(6) Establish procedures for the review, in an expedited	14802
manner, of any denial of prequalification on a contract or	14803
subcontract. In adopting rules under this division, the department	14804
shall consult with public authorities and representatives of the	14805
design and construction industries. The rules shall require that	14806
any bidder that is denied prequalification to bid shall be	14807
notified in writing by the department or the relevant public	14808
authority by certified or registered mail, return receipt	14809
requested, or overnight courier service. The notice shall include	14810
the reasons for denial.	14811

The rules shall require that within seven days after receipt	14812
of the notice, the bidder may file a written notice of protest	14813
with the sender of the notice by certified or registered mail,	14814
return receipt requested, or overnight courier service. The rules	14815
shall require that if a notice of protest is received, the	14816
recipient, either the department or the relevant public authority,	14817
shall conduct an investigation, provide the bidder with an	14818
opportunity to be heard, and issue a written determination to the	14819
bidder upholding or overturning the denial and setting forth the	14820
reasons for the determination. If the bidder has been denied	14821
prequalification for a subcontract for a specific project, the	14822
rules shall provide that the subcontract shall not be awarded to	14823
another bidder until the determination has been issued.	14824

(7) Establish criteria for construction managers at risk and	14825
design-build firms to follow in determining the lowest responsive	14826
prequalified bidder. The rules shall be consistent with the	14827
factors described in divisions (A) and (B) of section 9.312 of the	14828
Revised Code and other applicable laws. The rules shall require	14829
that any rejection of a bidder made by a construction manager at	14830
risk or a design-build firm shall be in writing and shall state	14831
the reasons for the rejection.	14832

The rules adopted under this section shall prohibit the	14833
prequalification of, or awarding of a subcontract to, any bidder	14834
against whom a tax lien or workers' compensation delinquency	14835
exists and is unresolved.	14836

(B) The state architect shall adopt rules in accordance with	14837
Chapter 119. of the Revised Code to prescribe forms for the	14838
contract documents entered into by any public authority described	14839
in section 153.01 of the Revised Code that is an owner. The forms	14840
shall be uniform for all projects of such owners and shall provide	14841
that no contract shall be entered into until the contract and	14842
bond, if any, are submitted to the attorney general and the	14843
attorney general's approval is certified thereon. Any special	14844
provision added or change made on the form for a particular	14845
project shall be valid only if expressly approved in writing by	14846
the state architect. Any objection to a form that is not submitted	14847
to the owner in writing prior to the bid opening shall be	14848
considered waived.	14849

Sec. 153.504. Not later than three years after the director	14850
of administrative services adopts rules pursuant to section	14851
153.503 of the Revised Code, the director shall select a person	14852
that in the director's judgment would best perform an independent	14853
study of the prequalification program and commission that person	14854
to perform the study. On completion of the study, the person who	14855
performed it shall promptly submit the study's results to the	14856
governor, the speaker of the house of representatives, and the	14857
president of the senate.	14858

Sec. 153.51. (A) When more than one branch or class of work	14859
specified in division (A) of section 153.50 of the Revised Code is	14860
required, no contract for the entire job, or for a greater portion	14861
thereof than is embraced in one such branch or class of work shall	14862
be awarded, unless the separate bids do not cover all the work and	14863
materials required or the bids for the whole or for two or more	14864
kinds of work or materials are lower than the separate bids in the	14865
aggregate.	14866

(B)(1) The public authority referred to in section 153.50 of	14867
the Revised Code also may award a single, aggregate contract for	14868
the entire project pursuant to division (A) of this section. This	14869
award shall be made to the bidder who is the lowest responsive and	14870
responsible bidder or the lowest and best bidder, as applicable,	14871
as specified in section 153.52 of the Revised Code.	14872

(2) The public authority referred to in section 153.50 of the	14873
Revised Code may assign all or any portion of its interest in the	14874
contract of the lowest responsive and responsible bidder or the	14875
lowest and best bidder, as applicable, to another successful	14876
bidder as an agreed condition for an award of the contract for the	14877
amount of its respective bid. Such assignment may include, but is	14878
not limited to, the duty to schedule, coordinate, and administer	14879
the contracts.	14880

(C) A public authority referred to in division (A) of section	14881
153.50 of the Revised Code is not required to award separate	14882
contracts for a branch or class of work specified in division (A)	14883
of section 153.50 of the Revised Code entering into an improvement	14884
if the estimated cost for that branch or class of work is less	14885
than ~~five~~twenty thousand dollars.	14886

Sec. 153.52. The contract for doing the work belonging to	14887
each separate branch or class of work specified in division	14888
~~(A)~~(B) of section 153.50 of the Revised Code, or for the	14889
furnishing of materials therefor, or both, shall be awarded by the	14890
public authority referred to in section 153.50 of the Revised	14891
Code, in its discretion, to the lowest responsive and responsible	14892
separate bidder therefor, in accordance with section 9.312 of the	14893
Revised Code in the case of any public authority of the state or	14894
any public institution belonging thereto, and to the lowest and	14895
best separate bidder in the case of a county, township, or	14896
municipal corporation, ~~or school district,~~ or any public	14897
institution belonging thereto, and to the lowest responsive,	14898
separate, and responsible bidder in the case of a school district,	14899
and shall be made directly with the bidder in the manner and upon	14900
the terms, conditions, and limitations as to giving bond or bid	14901
guaranties as prescribed by law, unless it is let as a whole, or	14902
to bidders for more than one kind of work or materials. Sections	14903
153.50 to 153.52 of the Revised Code do not apply to the erection	14904
of buildings and other structures which cost less than ~~fifty~~two	14905
hundred thousand dollars.	14906

Sec. 153.53. (A) As used in this section, "rate of	14907
inflation" has the same meaning as in section 107.032 of the	14908
Revised Code.	14909

(B) Five years after the effective date of this section and	14910
every five years thereafter, the director of administrative	14911
services shall evaluate the monetary threshold specified in	14912
section 153.01 of the Revised Code and adopt rules adjusting that	14913
amount based on the average rate of inflation during each of the	14914
previous five years immediately preceding such adjustment.	14915

Sec. 153.54. (A) Each person bidding for a contract,	14916
including a subcontract awarded pursuant to section 153.501 of the	14917
Revised Code, with the state or any political subdivision,	14918
district, institution, or other agency thereof, excluding	14919
therefrom the department of transportation, for any public	14920
improvement shall file with the bid, a bid guaranty in the form of	14921
either:	14922

(1) A bond in accordance with division (B) of this section	14923
for the full amount of the bid;	14924

(2) A certified check, cashier's check, or letter of credit	14925
pursuant to Chapter 1305. of the Revised Code, in accordance with	14926
division (C) of this section. Any such letter of credit is	14927
revocable only at the option of the beneficiary state, political	14928
subdivision, district, institution, or agency. The amount of the	14929
certified check, cashier's check, or letter of credit shall be	14930
equal to ten per cent of the bid.	14931

(B) A bid guaranty filed pursuant to division (A)(1) of this	14932
section shall be conditioned to:	14933

(1) Provide that, if the bid is accepted, the bidder, after	14934
the awarding or the recommendation for the award of the contract,	14935
whichever the contracting authority designates, will enter into a	14936
proper contract in accordance with the bid, plans, details, and	14937
specifications~~, and bills of material~~. If for any reason, other	14938
than as authorized by section 9.31 of the Revised Code or division	14939
(G) of this section, the bidder fails to enter into the contract,	14940
and the contracting authority awards the contract to the next	14941
lowest bidder, the bidder and the surety on the bidder's bond are	14942
liable to the state, political subdivision, district, institution,	14943
or agency for the difference between the bid and that of the next	14944
lowest bidder, or for a penal sum not to exceed ten per cent of	14945
the amount of the bond, whichever is less. If the state, political	14946
subdivision, district, institution, or agency does not award the	14947
contract to the next lowest bidder but resubmits the project for	14948
bidding, the bidder failing to enter into the contract and the	14949
surety on the bidder's bond, except as provided in division (G) of	14950
this section, are liable to the state, political subdivision,	14951
district, institution, or agency for a penal sum not to exceed ten	14952
per cent of the amount of the bid or the costs in connection with	14953
the resubmission of printing new contract documents, required	14954
advertising, and printing and mailing notices to prospective	14955
bidders, whichever is less.	14956

(2) Indemnify the state, political subdivision, district,	14957
institution, or agency against all damage suffered by failure to	14958
perform the contract according to its provisions and in accordance	14959
with the plans, details, and specifications~~, and bills of material~~	14960
therefor and to pay all lawful claims of subcontractors, material	14961
suppliers, and laborers for labor performed or material furnished	14962
in carrying forward, performing, or completing the contract; and	14963
agree and assent that this undertaking is for the benefit of any	14964
subcontractor, material supplier, or laborer having a just claim,	14965
as well as for the state, political subdivision, district,	14966
institution, or agency.	14967

(C)(1) A bid guaranty filed pursuant to division (A)(2) of	14968
this section shall be conditioned to provide that if the bid is	14969
accepted, the bidder, after the awarding or the recommendation for	14970
the award of the contract, whichever the contracting authority	14971
designates, will enter into a proper contract in accordance with	14972
the bid, plans, details, specifications, and bills of material. If	14973
for any reason, other than as authorized by section 9.31 of the	14974
Revised Code or division (G) of this section, the bidder fails to	14975
enter into the contract, and the contracting authority awards the	14976
contract to the next lowest bidder, the bidder is liable to the	14977
state, political subdivision, district, institution, or agency for	14978
the difference between the bidder's bid and that of the next	14979
lowest bidder, or for a penal sum not to exceed ten per cent of	14980
the amount of the bid, whichever is less. If the state, political	14981
subdivision, district, institution, or agency does not award the	14982
contract to the next lowest bidder but resubmits the project for	14983
bidding, the bidder failing to enter into the contract, except as	14984
provided in division (G) of this section, is liable to the state,	14985
political subdivision, district, institution, or agency for a	14986
penal sum not to exceed ten per cent of the amount of the bid or	14987
the costs in connection with the resubmission, of printing new	14988
contract documents, required advertising, and printing and mailing	14989
notices to prospective bidders, whichever is less.	14990

If the bidder enters into the contract, the bidder, at the	14991
time the contract is entered to, shall file a bond for the amount	14992
of the contract to indemnify the state, political subdivision,	14993
district, institution, or agency against all damage suffered by	14994
failure to perform the contract according to its provisions and in	14995
accordance with the plans, details, and specifications~~, and bills~~	14996
~~of material therefor~~ and to pay all lawful claims of	14997
subcontractors, material suppliers, and laborers for labor	14998
performed or material furnished in carrying forward, performing,	14999
or completing the contract; and agree and assent that this	15000
undertaking is for the benefit of any subcontractor, material	15001
supplier, or laborer having a just claim, as well as for the	15002
state, political subdivision, district, institution, or agency.	15003

(2) A construction manager who enters into a contract	15004
pursuant to sections 9.33 to 9.333 of the Revised Code, if	15005
required by the public ~~owner~~authority at the time the	15006
construction manager enters into the contract, shall file a letter	15007
of credit pursuant to Chapter 1305. of the Revised Code, bond,	15008
certified check, or cashier's check, for the value of the	15009
construction management contract to indemnify the state, political	15010
subdivision, district, institution, or agency against all damage	15011
suffered by the construction manager's failure to perform the	15012
contract according to its provisions, and shall agree and assent	15013
that this undertaking is for the benefit of the state, political	15014
subdivision, district, institution, or agency. A letter of credit	15015
provided by the construction manager is revocable only at the	15016
option of the beneficiary state, political subdivision, district,	15017
institution, or agency.	15018

(D) Where the state, political subdivision, district,	15019
institution, or agency accepts a bid but the bidder fails or	15020
refuses to enter into a proper contract in accordance with the	15021
bid, plans, details, and specifications~~, and bills of material~~	15022
within ten days after the awarding of the contract, the bidder and	15023
the surety on any bond, except as provided in division (G) of this	15024
section, are liable for the amount of the difference between the	15025
bidder's bid and that of the next lowest bidder, but not in excess	15026
of the liability specified in division (B)(1) or (C) of this	15027
section. Where the state, political subdivision, district,	15028
institution, or agency then awards the bid to such next lowest	15029
bidder and such next lowest bidder also fails or refuses to enter	15030
into a proper contract in accordance with the bid, plans, details,	15031
and specifications~~, and bills of material~~ within ten days after	15032
the awarding of the contract, the liability of such next lowest	15033
bidder, except as provided in division (G) of this section, is the	15034
amount of the difference between the bids of such next lowest	15035
bidder and the third lowest bidder, but not in excess of the	15036
liability specified in division (B)(1) or (C) of this section.	15037
Liability on account of an award to any lowest bidder beyond the	15038
third lowest bidder shall be determined in like manner.	15039

(E) Notwithstanding division (C) of this section, where the	15040
state, political subdivision, district, institution, or agency	15041
resubmits the project for bidding, each bidder whose bid was	15042
accepted but who failed or refused to enter into a proper	15043
contract, except as provided in division (G) of this section, is	15044
liable for an equal share of a penal sum in connection with the	15045
resubmission, of printing new contract documents, required	15046
advertising, and printing and mailing notices to prospective	15047
bidders, but no bidder's liability shall exceed the amount of the	15048
bidder's bid guaranty.	15049

(F) All bid guaranties filed pursuant to this section shall	15050
be payable to the state, political subdivision, district,	15051
institution, or agency, be for the benefit of the state, political	15052
subdivision, district, institution, or agency or any person having	15053
a right of action thereon, and be deposited with, and held by, the	15054
board, officer, or agent contracting on behalf of the state,	15055
political subdivision, district, institution, or agency. All bonds	15056
filed pursuant to this section shall be issued by a surety company	15057
authorized to do business in this state as surety approved by the	15058
board, officer, or agent awarding the contract on behalf of the	15059
state, political subdivision, district, institution, or agency.	15060

(G) A bidder for a contract with the state or any political	15061
subdivision, district, institution, or other agency thereof,	15062
excluding therefrom the Ohio department of transportation, for a	15063
public improvement costing less than one-half million dollars may	15064
withdraw the bid from consideration if the bidder's bid for some	15065
other contract with the state or any political subdivision,	15066
district, institution, or other agency thereof, excluding	15067
therefrom the department of transportation, for the public	15068
improvement costing less than one-half million dollars has already	15069
been accepted, if the bidder certifies in good faith that the	15070
total amount of all the bidder's current contracts is less than	15071
one-half million dollars, and if the surety certifies in good	15072
faith that the bidder is unable to perform the subsequent contract	15073
because to do so would exceed the bidder's bonding capacity. If a	15074
bid is withdrawn under authority of this division, the contracting	15075
authority may award the contract to the next lowest bidder or	15076
reject all bids and resubmit the project for bidding, and neither	15077
the bidder nor the surety on the bidder's bond are liable for the	15078
difference between the bidder's bid and that of the next lowest	15079
bidder, for a penal sum, or for the costs of printing new contract	15080
documents, required advertising, and printing and mailing notices	15081
to prospective bidders.	15082

(H) Bid guaranties filed pursuant to division (A) of this	15083
section shall be returned to all unsuccessful bidders immediately	15084
after the contract is executed. The bid guaranty filed pursuant to	15085
division (A)(2) of this section shall be returned to the	15086
successful bidder upon filing of the bond required in division (C)	15087
of this section.	15088

(I) For the purposes of this section, "next lowest bidder"	15089
means, in the case of a political subdivision that has adopted the	15090
model Ohio and United States preference requirements promulgated	15091
pursuant to division (E) of section 125.11 of the Revised Code,	15092
the next lowest bidder that qualifies under those preference	15093
requirements.	15094

(J) For the purposes of this section and sections 153.56,	15095
153.57, and 153.571 of the Revised Code, "public improvement,"	15096
"subcontractor," "material supplier," "laborer," and "materials"	15097
have the same meanings as in section 1311.25 of the Revised Code.	15098

Sec. 153.55. (A) As used in this section, "public	15099
improvement project" means any construction, reconstruction,	15100
improvement, enlargement, alteration, demolition, engineering, or	15101
repair of a building, highway, drainage system, water system,	15102
road, street, alley, sewer, ditch, sewage disposal plant, water	15103
works, bridge, culvert, or any other structure or work of any	15104
nature by or for a public authority.	15105

(B) For purposes of calculating the amount of a public	15106
improvement project to determine whether it is subject to sections	15107
153.01, 153.50, 153.51, and 153.52 of the Revised Code, no	15108
officer, board, or other authority of the state or any institution	15109
supported by the state, county, township, municipal corporation,	15110
or school district, or of any public institution belonging thereto	15111
shall subdivide a public improvement project into component parts	15112
or separate projects in order to avoid the thresholds of those	15113
sections, unless the component parts or separate projects thus	15114
created are conceptually separate and unrelated to each other, or	15115
encompass independent or unrelated needs.	15116

(C) In calculating the project amount for purposes of the	15117
threshold in section 153.01 of the Revised Code, the following	15118
expenses shall be included as costs of the project:	15119

(1) Professional fees and expenses for services associated	15120
with the preparation of plans;	15121

(2) Permit costs, testing costs, and other fees associated	15122
with the work;	15123

(3) Project construction costs;

15124

(4) A contingency reserve fund.

15125

Sec. 153.56. (A) Any person to whom any money is due for	15126
labor or work performed or materials furnished in a public	15127
improvement as provided in section 153.54 of the Revised Code, at	15128
any time after performing the labor or work or furnishing the	15129
materials, but not later than ninety days after the completion of	15130
the contract by the principal contractor or design-build firm and	15131
the acceptance of the public improvement for which the bond was	15132
provided by the duly authorized board or officer, shall furnish	15133
the sureties on the bond, a statement of the amount due to the	15134
person.	15135

(B) A suit shall not be brought against sureties on the bond	15136
until after sixty days after the furnishing of the statement	15137
described in division (A) of this section. If the indebtedness is	15138
not paid in full at the expiration of that sixty days, and if the	15139
person complies with division (C) of this section, the person may	15140
bring an action in the person's own name upon the bond, as	15141
provided in sections 2307.06 and 2307.07 of the Revised Code, that	15142
action to be commenced, notwithstanding section 2305.12 of the	15143
Revised Code, not later than one year from the date of acceptance	15144
of the public improvement for which the bond was provided.	15145

(C) To exercise rights under this section, a subcontractor or	15146
materials supplier supplying labor or materials that cost more	15147
than thirty thousand dollars, who is not in direct privity of	15148
contract with the principal contractor or design-build firm for	15149
the public improvement, shall serve a notice of furnishing upon	15150
the principal contractor or design-build firm in the form provided	15151
in section 1311.261 of the Revised Code.	15152

(D) A subcontractor or materials supplier who serves a notice	15153
of furnishing under division (C) of this section as required to	15154
exercise rights under this section has the right of recovery only	15155
as to amounts owed for labor and work performed and materials	15156
furnished during and after the twenty-one days immediately	15157
preceding service of the notice of furnishing.	15158

(E) For purposes of this section~~, "principal~~:

15159

(1) "Design-build firm" has the same meaning as in section	15160
153.65 of the Revised Code.	15161

(2) "Principal contractor" has the same meaning as in section	15162
1311.25 of the Revised Code, and may include a "construction	15163
manager" and a "construction manager at risk" as defined in	15164
section 9.33 of the Revised Code.	15165

Sec. 153.581. As used in sections 153.581 and 153.591 of the	15166
Revised Code:	15167

(A) "Public works contract" means any contract awarded by a	15168
contracting authority for the construction, engineering,	15169
alteration, or repair of any public building, public highway, or	15170
other public work, and includes any subcontract awarded pursuant	15171
to section 153.501 of the Revised Code.	15172

(B) "Contracting authority" means the state, any township,	15173
county, municipal corporation, school board, or other governmental	15174
entity empowered to award a public works contract, and any	15175
construction manager at risk as defined in section 9.33 of the	15176
Revised Code or design-build firm as defined in section 153.65 of	15177
the Revised Code awarding a subcontract.	15178

(C) "Contractor" means any person, partnership, corporation,	15179
or association that has been awarded a public works contract.	15180

Sec. 153.65. As used in sections 153.65 to ~~153.71~~153.73 of	15181
the Revised Code:	15182

(A)(1) "Public authority" means the state, a state	15183
institution of higher education as defined in section 3345.011 of	15184
the Revised Code, a county, township, municipal corporation,	15185
school district, or other political subdivision, or any public	15186
agency, authority, board, commission, instrumentality, or special	15187
purpose district of the state or of a ~~county, township, municipal~~	15188
~~corporation, school district, or other~~ political subdivision.	15189

(2) "Public authority" does not include the Ohio turnpike	15190
commission.	15191

(B) "Professional design firm" means any person legally	15192
engaged in rendering professional design services.	15193

(C) "Professional design services" means services within the	15194
scope of practice of an architect or landscape architect	15195
registered under Chapter 4703. of the Revised Code or a	15196
professional engineer or surveyor registered under Chapter 4733.	15197
of the Revised Code.	15198

(D) "Qualifications" means all of the following:

15199

(1) ~~Competence of the~~(a) For a professional design firm,	15200
competence to perform the required professional design services as	15201
indicated by the technical training, education, and experience of	15202
the firm's personnel, especially the technical training,	15203
education, and experience of the employees within the firm who	15204
would be assigned to perform the services;	15205

(b) For a design-build firm, competence to perform the	15206
required design-build services as indicated by the technical	15207
training, education, and experience of the design-build firm's	15208
personnel and key consultants, especially the technical training,	15209
education, and experience of the employees and consultants of the	15210
design-build firm who would be assigned to perform the services,	15211
including the proposed architect of record.	15212

(2) Ability of the firm in terms of its workload and the	15213
availability of qualified personnel, equipment, and facilities to	15214
perform the required professional design services or design-build	15215
services competently and expeditiously;	15216

(3) Past performance of the firm as reflected by the	15217
evaluations of previous clients with respect to such factors as	15218
control of costs, quality of work, and meeting of deadlines;	15219

(4) Any other relevant factors as determined by the public	15220
authority;	15221

(5) With respect to a design-build firm, compliance with	15222
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,	15223
including the use of a licensed professional for all design	15224
services.	15225

(E) "Design-build contract" means a contract between a public	15226
authority and another person that obligates the person to provide	15227
design-build services.	15228

(F) "Design-build firm" means a person capable of providing	15229
design-build services.	15230

(G) "Design-build services" means services that form an	15231
integrated delivery system for which a person is responsible to a	15232
public authority for both the design and construction, demolition,	15233
alteration, repair, or reconstruction of a public improvement.	15234

(H) "Architect of record" means the architect that serves as	15235
the final signatory on the plans and specifications for the	15236
design-build project.	15237

(I) "Criteria architect or engineer" means the architect or	15238
engineer retained by a public authority to prepare conceptual	15239
plans and specifications, to assist the public authority in	15240
connection with the establishment of the design criteria for a	15241
design-build project, and, if requested by the public authority,	15242
to serve as the representative of the public authority and	15243
provide, during the design-build project, other design and	15244
construction administration services on behalf of the public	15245
authority, including but not limited to, confirming that the	15246
design prepared by the design-build firm reflects the original	15247
design intent established in the design criteria package.	15248

(J) "Open book pricing method" means a method in which a	15249
design-build firm provides the public authority, at the public	15250
authority's request, all books, records, documents, contracts,	15251
subcontracts, purchase orders, and other data in its possession,	15252
other than trade secrets, pertaining to the bidding, pricing, or	15253
performance of a contract for design-build services awarded to the	15254
design-build firm.	15255

Sec. 153.66. (A) Each public authority planning to contract	15256
for professional design services or design-build services shall	15257
encourage professional design firms and design-build firms to	15258
submit a statement of qualifications and update the statements at	15259
regular intervals.	15260

(B) Notwithstanding any contrary requirements in sections	15261
153.65 to 153.70 of the Revised Code, for every design-build	15262
contract, each public authority planning to contract for	15263
design-build services shall evaluate the statements of	15264
qualifications submitted by design-build firms for the project,	15265
including the qualifications of the design-build firm's proposed	15266
architect of record, in consultation with the criteria architect	15267
or engineer before selecting a design-build firm pursuant to	15268
section 153.693 of the Revised Code.	15269

Sec. 153.67. Each public authority planning to contract for	15270
professional design services or design-build services shall	15271
publicly announce all contracts available from it for such	15272
services. The announcements shall:	15273

(A) Be made in a uniform and consistent manner and shall be	15274
made sufficiently in advance of the time that responses must be	15275
received from qualified professional design firms or design-build	15276
firms for the firms to have an adequate opportunity to submit a	15277
statement of interest in the project;	15278

(B) Include a general description of the project, a statement	15279
of the specific professional design services or design-build	15280
services required, and a description of the qualifications	15281
required for the project;	15282

(C) Indicate how qualified professional design firms or	15283
design-build firms may submit statements of qualifications in	15284
order to be considered for a contract to design or design-build	15285
the project;	15286

(D) Include a statement of intent of the public authority to	15287
delegate specific authority to, or require a guaranteed maximum	15288
price from, the selected design-build firm;	15289

(E) Be sent to ~~either~~any of the following that the public	15290
authority considers appropriate:	15291

(1) ~~Each professional design firm that has a current~~	15292
~~statement of qualifications on file with the public authority and~~	15293
~~is qualified to perform the required professional design services~~	15294
Design-build firms, including contractors or other entities that	15295
seek to perform the work as a design-build firm;	15296

(2) Architect, landscape architect, engineer, and surveyor	15297
~~trade~~ associations~~, the~~;	15298

(3) The news media~~, and any~~;

15299

(4) Any publications or other public media ~~that the public~~	15300
~~authority considers appropriate~~, including electronic media.	15301

(F) Be made by electronic means pursuant to rules adopted by	15302
the public authority, or if the public authority is described in	15303
section 153.01 of the Revised Code and is an owner, by the	15304
department of administrative services.	15305

Sec. 153.69. For every professional design services	15306
contract, each public authority planning to contract for	15307
professional design services shall evaluate the statements of	15308
qualifications ~~of professional design firms currently on file,~~	15309
~~together with those that are~~ submitted by ~~other~~ professional	15310
design firms specifically regarding the project, and may hold	15311
discussions with individual firms to explore further the firms'	15312
statements of qualifications, the scope and nature of the services	15313
the firms would provide, and the various technical approaches the	15314
firms may take toward the project. Following this evaluation, the	15315
public authority shall:	15316

(A) Select and rank no fewer than three firms which it	15317
considers to be the most qualified to provide the required	15318
professional design services, except when the public authority	15319
determines in writing that fewer than three qualified firms are	15320
available in which case the public authority shall select and rank	15321
those firms;	15322

(B) Negotiate a contract with the firm ranked most qualified	15323
to perform the required services at a compensation determined in	15324
writing to be fair and reasonable to the public authority.	15325
Contract negotiations shall be directed toward:	15326

(1) Ensuring that the professional design firm and the agency	15327
have a mutual understanding of the essential requirements involved	15328
in providing the required services;	15329

(2) Determining that the firm will make available the	15330
necessary personnel, equipment, and facilities to perform the	15331
services within the required time;	15332

(3) Agreeing upon compensation which is fair and reasonable,	15333
taking into account the estimated value, scope, complexity, and	15334
nature of the services.	15335

(C) If a contract is negotiated with the firm ranked to	15336
perform the required services most qualified, the public authority	15337
shall, if applicable under section 127.16 of the Revised Code,	15338
request approval of the board to make expenditures under the	15339
contract.	15340

(D) Upon failure to negotiate a contract with the firm ranked	15341
most qualified, the public authority shall inform the firm in	15342
writing of the termination of negotiations and may enter into	15343
negotiations with the firm ranked next most qualified. If	15344
negotiations again fail, the same procedure ~~shall~~may be followed	15345
with each next most qualified firm selected and ranked pursuant to	15346
division (A) of this section, in order of ranking, until a	15347
contract is negotiated.	15348

(E) Should the public authority fail to negotiate a contract	15349
with any of the firms selected pursuant to division (A) of this	15350
section, the public authority ~~shall~~may select and rank additional	15351
firms, based on their qualifications, and negotiations ~~shall~~may	15352
continue as with the firms selected and ranked initially until a	15353
contract is negotiated.	15354

(F) Nothing in this section affects a public authority's	15355
right to accept or reject any or all proposals in whole or in	15356
part.	15357

Sec. 153.692. (A) A public authority described in section	15358
153.01 of the Revised Code that is an owner shall not contract for	15359
design-build services with a design-build firm unless the public	15360
authority is certified by the state architect as eligible to enter	15361
into such contracts under the program established under section	15362
153.503 of the Revised Code.	15363

A public authority described in section 153.01 of the Revised	15364
Code that is not an owner may seek to be certified by the state	15365
architect.	15366

(B) For every design-build contract, the public authority	15367
planning to contract for design-build services shall first obtain	15368
the services of a criteria architect or engineer by doing either	15369
of the following:	15370

(1) Contracting for the services consistent with sections	15371
153.65 to 153.70 of the Revised Code;	15372

(2) Obtaining the services through an architect or engineer	15373
who is an employee of the public authority and notifying the	15374
department of administrative services before the services are	15375
performed.	15376

Sec. 153.693. (A) For every design-build contract, the	15377
public authority planning to contract for design-build services,	15378
in consultation with the criteria architect or engineer, shall	15379
evaluate the statements of qualifications submitted by	15380
design-build firms specifically regarding the project, including	15381
the design-build firm's proposed architect of record. Following	15382
this evaluation, the public authority shall:	15383

(1) Select and rank not fewer than three firms which it	15384
considers to be the most qualified to provide the required	15385
design-build services, except that the public authority shall	15386
select and rank fewer than three firms when the public authority	15387
determines in writing that fewer than three qualified firms are	15388
available;	15389

(2) Provide each selected design-build firm with all of the	15390
following:	15391

(a) A description of the project and project delivery;

15392

(b) The design criteria produced by the criteria architect or	15393
engineer under section 153.692 of the Revised Code;	15394

15395

(d) A description of any preconstruction services;

15396

(e) A description of the proposed design services;

15397

(f) A description of a guaranteed maximum price, including	15398
the estimated level of design on which such guaranteed maximum	15399
price is based;	15400

(g) The form of the design-build services contract;

15401

(h) A request for a pricing proposal that shall include a	15402
design services fee and a preconstruction and design-build	15403
services fee. The pricing proposal of each design-build firm shall	15404
include at least all of the following:	15405

(i) A list of key personnel and consultants for the project	15406
and the design-build firm's staffing chart;	15407

(ii) Design concepts adhering to the design criteria produced	15408
by the criteria architect or engineer under section 153.692 of the	15409
Revised Code;	15410

(iii) The design-build firm's statement of general conditions	15411
and estimated contingency requirements;	15412

(iv) A preliminary project schedule.

15413

(3) Evaluate the pricing proposal submitted by each selected	15414
firm and, at its discretion, hold discussions with each firm to	15415
further investigate its pricing proposal, including the scope and	15416
nature of the firm's proposed services and potential technical	15417
approaches;	15418

(4) Rank the selected firms based on the public authority's	15419
evaluation of the value of each firm's pricing proposal, with such	15420
evaluation considering each firm's proposed costs and	15421
qualifications;	15422

(5) Enter into contract negotiations for design-build	15423
services with the design-build firm whose pricing proposal the	15424
public authority determines to be the best value under this	15425
section.	15426

(B) In complying with division (A)(5) of this section,	15427
contract negotiations shall be directed toward:	15428

(1) Ensuring that the design-build firm and the public	15429
authority mutually understand the essential requirements involved	15430
in providing the required design-build services, the provisions	15431
for the use of contingency funds, and the terms of the contract;	15432

(2) Ensuring that the design-build firm shall be able to	15433
provide the necessary personnel, equipment, and facilities to	15434
perform the design-build services within the time required by the	15435
design-build construction contract;	15436

(3) Agreeing that the design-build services contract will not	15437
provide for any bonus or other additional compensation to be paid	15438
to the design-build firm for completing the project by a specified	15439
date or achieving savings in the final costs of the project;	15440

(4) Agreeing upon a procedure and schedule for determining a	15441
guaranteed maximum price using an open book pricing method that	15442
shall represent the total maximum amount to be paid by the public	15443
authority to the design-build firm for the project and that shall	15444
include the costs of all work, the cost of its general conditions,	15445
the contingency, the fee payable to the design-build firm, and	15446
that shall permit adjustment of the guaranteed maximum price in	15447
the event of increased costs, including reasonable overhead and	15448
profit, related to matters that are not in the control of the	15449
design-build firm or the subcontractors.	15450

(C) If the public authority fails to negotiate a contract	15451
with the design-build firm whose pricing proposal the public	15452
authority determines to be the best value as determined under this	15453
section, the public authority shall inform the design-build firm	15454
in writing of the termination of negotiations. The public	15455
authority may then do the following:	15456

(1) Negotiate a contract with a design-build firm ranked next	15457
highest under this section following the negotiation procedure	15458
described in this section;	15459

(2) If negotiations fail with the design-build firm under	15460
division (C)(1) of this section, negotiate a contract with the	15461
design-build firm ranked next highest under this section following	15462
the negotiation procedure described in this section and continue	15463
negotiating with the design-build firms selected under this	15464
section in the order of their ranking until a contract is	15465
negotiated.	15466

(D) If the public authority fails to negotiate a contract	15467
with a design-build firm whose pricing proposal the public	15468
authority determines to be the best value as determined under this	15469
section, it may select additional design-build firms to provide	15470
pricing proposals to the public authority pursuant to this section	15471
or may select an alternative delivery method for the project.	15472

(E) The public authority may provide a stipend for pricing	15473
proposals received from design-build firms.	15474

(F) Nothing in this section affects a public authority's	15475
right to accept or reject any or all proposals in whole or in	15476
part.	15477

Sec. 153.694. If a professional design firm selected as the	15478
criteria architect or engineer creates the preliminary criteria	15479
and design criteria for a project and provides professional design	15480
services to a public authority to assist that public authority in	15481
evaluating the design-build requirements provided to the public	15482
authority by a design-build firm pursuant to section 153.692 of	15483
the Revised Code, that professional design firm shall not provide	15484
any design-build services pursuant to a design-build contract	15485
under section 153.693 of the Revised Code.	15486

Sec. 153.695. (A) A public authority may delegate to a	15487
design-build firm any of the duties, authorities, rights, and	15488
responsibilities of the public authority for a project under such	15489
terms of indemnity and recourse against the design-build firm as	15490
the public authority determines appropriate. Those duties,	15491
authorities, rights, and responsibilities include all of the	15492
following:	15493

(1) Project design;

15494

(2) Project scheduling;

15495

(3) Bidding for the work on the project;

15496

(4) Awarding contracts for work on the project;

15497

(5) Construction fund management;

15498

(6) Payment under the contracts for the project;

15499

(7) Legal defense of the public authority.

15500

(B) A design-build firm shall not retain from a subcontractor	15501
a greater percentage of the subcontract price than the percentage	15502
of the contract price retained from the design-build firm by the	15503
public authority, if any. With the consent of the public	15504
authority, the design-build firm shall pay all amounts retained	15505
from a subcontractor when the subcontractor's work is completed	15506
and there exists no other reason to withhold the retainage.	15507

Sec. 153.70. (A) Except for any person providing	15508
professional design services of a research or training nature, any	15509
person rendering professional design services to a public	15510
authority or to a design-build firm, including a criteria	15511
architect or engineer and person performing architect of record	15512
services, shall have and maintain, or be covered by, during the	15513
period the services are rendered, a professional liability	15514
insurance policy or policies with a company or companies that are	15515
authorized to do business in this state and that afford	15516
professional liability coverage for the professional design	15517
services rendered. The insurance shall be in amount considered	15518
sufficient by the public authority. At the public authority's	15519
discretion, the design-build firm shall carry contractor's	15520
professional liability insurance and any other insurance the	15521
public authority considers appropriate.	15522

(B) The requirement for professional liability insurance set	15523
forth in division (A) of this section may be waived by the public	15524
authority for good cause, or the public authority may allow the	15525
person providing the professional design services to provide other	15526
assurances of financial responsibility.	15527

(C) Before construction begins pursuant to a contract for	15528
design-build services with a design-build firm, the design-build	15529
firm shall provide a surety bond to the public authority in	15530
accordance with rules adopted by the director of administrative	15531
services under Chapter 119. of the Revised Code.	15532

Sec. 153.71. Any public authority referred to in section	15533
153.01 of the Revised Code that is an owner planning to contract	15534
for professional design services or design-build services may	15535
adopt, amend, or rescind rules, in accordance with Chapter 119. of	15536
the Revised Code, to implement sections 153.66 to 153.70 of the	15537
Revised Code. Sections 153.66 to 153.70 of the Revised Code do not	15538
apply to ~~any~~either of the following:	15539

(A) Any project with an estimated professional design fee of	15540
less than ~~twenty-five~~fifty thousand dollars;if both of the	15541
following requirements are met:	15542

(1) The public authority selects a single design professional	15543
or firm from among those that have submitted a current statement	15544
of qualifications within the immediately preceding year, as	15545
provided under section 153.68 of the Revised Code, based on the	15546
public authority's determination that the selected design	15547
professional or firm is the most qualified to provide the required	15548
professional design or design-build services;	15549

(2) The public authority and the selected design professional	15550
or firm comply with division (B) of section 153.69 of the Revised	15551
Code with respect to the negotiation of a contract.	15552

(B) Any project determined in writing by the public authority	15553
head to be an emergency requiring immediate action including, but	15554
not limited to, any projects requiring multiple contracts let as	15555
part of a program requiring a large number of professional design	15556
firms of the same type;	15557

~~(C) Any public authority that is not empowered by law to~~	15558
~~contract for professional design services~~.	15559

Sec. 153.72. A design-build firm contracted for design-build	15560
services by a public authority may do either of the following:	15561

(A) Perform design, construction, demolition, alteration,	15562
repair, or reconstruction work pursuant to such contract;	15563

(B) Perform professional design services when contracted by a	15564
public authority for design-build services even if the	15565
design-build firm is not a professional design firm.	15566

Sec. 153.73. The requirements set forth in sections 153.65	15567
to 153.72 of the Revised Code for the bidding, selection, and	15568
award of a contract for professional design services or	15569
design-build services by a public authority prevail in the event	15570
of any conflict with any other provision of this chapter.	15571

Sec. 153.80. (A) A contract for the construction,	15572
demolition, alteration, repair, or reconstruction of a public	15573
improvement entered into on or after ~~the effective date of this~~	15574
~~section~~April 16, 1993, shall be deemed to include the provisions	15575
contained in division (B) of this section.	15576

(B)(1) In regard to any bond filed by the contractor for the	15577
work contracted, the contracting authority, in its sole	15578
discretion, may reduce the bond required by twenty-five per cent	15579
of the total amount of the bond after at least fifty per cent of	15580
the work contracted for has been completed and by fifty per cent	15581
after at least seventy-five per cent of the work contracted for	15582
has been completed provided that all of the following conditions	15583
are met:	15584

(a) The contracting authority determines that the percentage	15585
of the work that has been completed at the time of determination	15586
has been satisfactorily performed and meets the terms of the	15587
contract, including a provision in regard to the time when the	15588
whole or any specified portion of work contemplated in the	15589
contract must be completed;	15590

(b) The contracting authority determines that no disputed	15591
claim caused by the contractor exists or remains unresolved;	15592

(c) The successful bid upon which the contract is based was	15593
not more than ten per cent below the next lowest bid or not more	15594
than ten per cent below a cost estimate for the work as published	15595
by the contracting authority.	15596

(2) In regard to the amount of any funds retained, the	15597
contracting authority, in its sole discretion, may reduce the	15598
amount of funds retained pursuant to ~~section~~sections 153.12 and	15599
153.14 of the Revised Code for the faithful performance of work by	15600
fifty per cent of the amount of funds required to be retained	15601
pursuant to those sections, provided that the surety on the bond	15602
remains liable for all of the following that are caused due to	15603
default by the contractor:	15604

(a) Completion of the job;

15605

(b) All delay claims;

15606

15607

(d) All additional expenses incurred by the contracting	15608
authority.	15609

15610

(1) "Contracting authority" means an officer, board, or other	15611
authority of the state, a county, township, municipal corporation,	15612
or school district, or of any other political subdivision of the	15613
state, authorized to contract for the construction, demolition,	15614
alteration, repair, or reconstruction of a public improvement, and	15615
any construction manager at risk as defined in section 9.33 of the	15616
Revised Code or design-build firm as defined in section 153.65 of	15617
the Revised Code awarding a subcontract, but does not include an	15618
officer, board, or other authority of the department of	15619
transportation.	15620

(2) "Delay claim" means a claim that arises due to default on	15621
provisions in a contract in regard to the time when the whole or	15622
any specified portion of work contemplated in the contract must be	15623
completed.	15624

Sec. 154.02. (A) Pursuant to the provisions of Chapter 154.	15625
of the Revised Code, the issuing authority may issue obligations	15626
as from time to time authorized by or pursuant to act or	15627
resolution of the general assembly, consistent with such	15628
limitations thereon, subject to section 154.12 of the Revised	15629
Code, as the general assembly may thereby prescribe as to	15630
principal amount, bond service charges, or otherwise, and shall	15631
cause the proceeds thereof to be applied to those capital	15632
facilities designated by or pursuant to act of the general	15633
assembly for any of the following:	15634

(1) Mental hygiene and retardation, including housing for	15635
mental hygiene and retardation patients under Section 16 of	15636
Article VIII, Ohio Constitution;	15637

(2) State supported and assisted institutions of higher	15638
education, including community or technical ~~education~~colleges;	15639

(3) Parks and recreation;

15640

(4) Ohio cultural facilities;

15641

(5) Ohio sports facilities;

15642

(6) Housing of branches and agencies of state government.

15643

(B) The authority provided by Chapter 154. of the Revised	15644
Code is in addition to any other authority provided by law for the	15645
same or similar purposes, except as may otherwise specifically be	15646
provided in Chapter 154. of the Revised Code. In case any section	15647
or provision of Chapter 154. of the Revised Code or in case any	15648
covenant, stipulation, obligation, resolution, trust agreement,	15649
indenture, lease agreement, act, or action, or part thereof, made,	15650
assumed, entered into, or taken under Chapter 154. of the Revised	15651
Code, or any application thereof, is for any reason held to be	15652
illegal or invalid, such illegality or invalidity shall not affect	15653
the remainder thereof or any other section or provision of Chapter	15654
154. of the Revised Code or any other covenant, stipulation,	15655
obligation, resolution, trust agreement, indenture, lease,	15656
agreement, act, or action, or part thereof, made, assumed, entered	15657
into, or taken under such chapter, which shall be construed and	15658
enforced as if such illegal or invalid portion were not contained	15659
therein, nor shall such illegality or invalidity or any	15660
application thereof affect any legal and valid application	15661
thereof, and each such section, provision, covenant, stipulation,	15662
obligation, resolution, trust agreement, indenture, lease,	15663
agreement, act, or action, or part thereof, shall be deemed to be	15664
effective, operative, made, entered into or taken in the manner	15665
and to the full extent permitted by law.	15666

Sec. 154.07. For the respective purposes provided in	15667
sections 154.20, 154.21, 154.22, ~~and~~ 154.23, 154.24, and 154.25 of	15668
the Revised Code, the issuing authority may issue obligations of	15669
the state of Ohio as provided in Chapter 154. of the Revised Code,	15670
provided that the holders or owners of obligations shall have no	15671
right to have excises or taxes levied by the general assembly for	15672
the payment of the bond service charges. The right of holders and	15673
owners to payment of bond service charges shall be limited to the	15674
revenues or receipts and funds pledged thereto in accordance with	15675
Chapter 154. of the Revised Code, and each obligation shall bear	15676
on its face a statement to that effect. Chapter 154. of the	15677
Revised Code does not permit, and no provision of that chapter	15678
shall be applied to authorize or grant, a pledge of charges for	15679
the treatment or care of mental hygiene and retardation patients	15680
to bond service charges on obligations other than those issued for	15681
capital facilities for mental hygiene and retardation, or a pledge	15682
of any receipts of or on behalf of state supported or state	15683
assisted institutions of higher education to bond service charges	15684
on obligations other than those issued for capital facilities for	15685
state supported or state assisted institutions of higher	15686
education, or a pledge of receipts with respect to parks and	15687
recreation to bond service charges on obligations other than those	15688
issued for capital facilities for parks and recreation, or a	15689
pledge of revenues or receipts received by or on behalf of any	15690
state agency to bond service charges on obligations other than	15691
those issued for capital facilities which are in whole or in part	15692
useful to, constructed by, or financed by the state agency that	15693
receives the revenues or receipts so pledged.	15694

Sec. 154.11. The issuing authority may authorize and issue	15695
obligations for the refunding, including funding and retirement,	15696
of any obligations previously issued under this chapter and any	15697
bonds or notes previously issued under Chapter 152. of the Revised	15698
Code ~~to pay costs of capital facilities leased to the Ohio~~	15699
~~cultural facilities commission, formerly known as the Ohio arts~~	15700
~~and sports facilities commission~~. Such obligations may be issued	15701
in amounts sufficient for payment of the principal amount of the	15702
prior obligations, any redemption premiums thereon, principal	15703
maturities of any such obligations maturing prior to the	15704
redemption of the remaining obligations on a parity therewith,	15705
interest accrued or to accrue to the maturity dates or dates of	15706
redemption of such obligations, and any expenses incurred or to be	15707
incurred in connection with such issuance and such refunding,	15708
funding, and retirement. Subject to the bond proceedings therefor,	15709
the portion of proceeds of the sale of obligations issued under	15710
this section to be applied to bond service charges on the prior	15711
obligations shall be credited to the bond service fund for those	15712
prior obligations. Obligations authorized under this section shall	15713
be deemed to be issued for those purposes for which those prior	15714
obligations were issued and are subject to the provisions of	15715
Chapter 154. of the Revised Code pertaining to other obligations,	15716
except as otherwise indicated by this section and except for	15717
division (A) of section 154.02 of the Revised Code, provided that,	15718
unless otherwise authorized by the general assembly, any	15719
limitations imposed by the general assembly pursuant to that	15720
division with respect to bond service charges applicable to the	15721
prior obligations shall be applicable to the obligations issued	15722
under this section to refund, fund, or retire those prior	15723
obligations.	15724

Sec. 154.24. (A) In addition to the definitions provided in	15725
section 154.01 of the Revised Code:	15726

(1) "Capital facilities" includes, for purposes of this	15727
section, storage and parking facilities related to such capital	15728
facilities.	15729

(2) "Costs of capital facilities" includes, for purposes of	15730
this section, the costs of assessing, planning, and altering	15731
capital facilities, and the financing thereof, all related direct	15732
administrative expenses and allocable portions of direct costs of	15733
lessee state agencies, and all other expenses necessary or	15734
incident to the assessment, planning, alteration, maintenance,	15735
equipment, or furnishing of capital facilities and the placing of	15736
the same in use and operation, including any one, part of, or	15737
combination of such classes of costs and expenses.	15738

(3) "Governmental agency" includes, for purposes of this	15739
section, any state of the United States or any department,	15740
division, or agency of any state.	15741

(4) "State agency" includes, for purposes of this section,	15742
branches, authorities, courts, the general assembly, counties,	15743
municipal corporations, and any other governmental entities of	15744
this state that enter into leases with the commission pursuant to	15745
this section or that are designated by law as state agencies for	15746
the purpose of performing a state function that is to be housed by	15747
a capital facility for which the issuing authority is authorized	15748
to issue revenue obligations pursuant to this section.	15749

(B) Subject to authorization by the general assembly under	15750
section 154.02 of the Revised Code, the issuing authority may	15751
issue obligations pursuant to this chapter to pay costs of capital	15752
facilities for housing branches and agencies of state government,	15753
including capital facilities for the purpose of housing personnel,	15754
equipment, or functions, or any combination thereof that a state	15755
agency is responsible for housing, including obligations to pay	15756
the costs of capital facilities described in section 307.021 of	15757
the Revised Code, and the costs of capital facilities in which one	15758
or more state agencies are participating with the federal	15759
government, municipal corporations, counties, or other	15760
governmental entities, or any one or more of them, and in which	15761
that portion of the facility allocated to the participating state	15762
agencies is to be used for the purpose of housing branches and	15763
agencies of state government including housing personnel,	15764
equipment, or functions, or any combination thereof. Such	15765
participation may be by grants, loans, or contributions to other	15766
participating governmental agencies for any of those capital	15767
facilities.	15768

(C) The commission may lease any capital facilities for	15769
housing branches and agencies of state government to, and make or	15770
provide for other agreements with respect to the use or purchase	15771
of such capital facilities with, any state agency or governmental	15772
agency having authority under law to operate such capital	15773
facilities.	15774

(D)(1) For purposes of this division, "available receipts"	15775
means fees, charges, revenues, grants, subsidies, income from the	15776
investment of moneys, proceeds from the sale of goods or services,	15777
and all other revenues or receipts derived from the operation,	15778
leasing, or other disposition of capital facilities financed with	15779
obligations issued under this section or received by or on behalf	15780
of any state agency for which capital facilities are financed with	15781
obligations issued under this section or any state agency	15782
participating in or by which the capital facilities are	15783
constructed or financed; the proceeds of obligations issued under	15784
this section and sections 154.11 or 154.12 of the Revised Code;	15785
and any moneys appropriated by a governmental agency, and gifts,	15786
grants, donations, and pledges, and receipts therefrom, available	15787
for the payment of bond service charges on such obligations.	15788

(2) The issuing authority may pledge all, or such portion as	15789
it determines, of the available receipts to the payment of bond	15790
service charges on obligations issued under this section and	15791
section 154.11 or 154.12 of the Revised Code and for the	15792
establishment and maintenance of any reserves, as provided in the	15793
bond proceedings, and make other provisions therein with respect	15794
to such available receipts as authorized by this chapter, which	15795
provisions shall be controlling notwithstanding any other	15796
provision of law pertaining thereto.	15797

(E) There are hereby created in the custody of the treasurer	15798
of state, but separate and apart from and not a part of the state	15799
treasury, the administrative facilities bond service trust fund,	15800
the adult correctional facilities bond service trust fund, the	15801
juvenile correctional facilities bond service trust fund, and the	15802
public safety bond service trust fund. All money received by or on	15803
account of the issuing authority or the commission and required by	15804
the applicable bond proceedings to be deposited, transferred, or	15805
credited to any of these funds, and all other money transferred or	15806
allocated to or received for the purposes of any of these funds,	15807
shall be deposited with the treasurer of state and credited to	15808
such fund, subject to applicable provisions of the bond	15809
proceedings, but without necessity for any act or appropriation.	15810
These bond service funds are trust funds and are hereby pledged to	15811
the payment of bond service charges on the applicable obligations	15812
issued pursuant to this section and section 154.11 or 154.12 of	15813
the Revised Code to the extent provided in the applicable bond	15814
proceedings, and payment thereof from such funds shall be made or	15815
provided for by the treasurer of state in accordance with such	15816
bond proceedings without necessity for any act or appropriation.	15817

(F) There are hereby created in the state treasury the	15818
administrative building fund, the adult correctional building	15819
fund, the juvenile correctional building fund, and the public	15820
safety building fund. Subject to the bond proceedings therefor,	15821
the proceeds of the sale of obligations pursuant to this section	15822
shall be credited to the appropriate fund, except that any accrued	15823
interest shall be credited to the appropriate bond service trust	15824
fund created pursuant to this section. These funds may also	15825
consist of gifts, grants, appropriated money, and other sums and	15826
securities received to the credit of such fund. All investment	15827
earnings of each fund shall be credited to the fund. The funds	15828
shall be applied to pay the costs of capital facilities as defined	15829
in this section and set forth in the bond proceedings.	15830

(G) This section is to be applied with other applicable	15831
provisions of this chapter.	15832

Sec. 154.25. (A) As used in this section:

15833

(1) "Available community or technical college receipts" means	15834
all money received by a community or technical college or	15835
community or technical college district, including income,	15836
revenues, and receipts from the operation, ownership, or control	15837
of facilities, grants, gifts, donations, and pledges and receipts	15838
therefrom, receipts from fees and charges, the allocated state	15839
share of instruction as defined in section 3333.90 of the Revised	15840
Code, and the proceeds of the sale of obligations, including	15841
proceeds of obligations issued to refund obligations previously	15842
issued, but excluding any special fee, and receipts therefrom,	15843
charged pursuant to division (D) of section 154.21 of the Revised	15844
Code.	15845

(2) "Community or technical college," "college," "community	15846
or technical college district," and "district" have the same	15847
meanings as in section 3333.90 of the Revised Code.	15848

(3) "Community or technical college capital facilities" means	15849
auxiliary facilities, education facilities, and housing and dining	15850
facilities, as those terms are defined in section 3345.12 of the	15851
Revised Code, to the extent permitted to be financed by the	15852
issuance of obligations under division (A)(2) of section 3357.112	15853
of the Revised Code, that are authorized by sections 3354.121,	15854
3357.112, and 3358.10 of the Revised Code to be financed by	15855
obligations issued by a community or technical college district,	15856
and for which the issuing authority is authorized to issue	15857
obligations pursuant to this section, and includes any one, part	15858
of, or any combination of the foregoing, and further includes site	15859
improvements, utilities, machinery, furnishings, and any separate	15860
or connected buildings, structures, improvements, sites, open	15861
space and green space areas, utilities, or equipment to be used	15862
in, or in connection with the operation or maintenance of, or	15863
supplementing or otherwise related to the services or facilities	15864
to be provided by, such facilities.	15865

(4) "Cost of community or technical college capital	15866
facilities" means the costs of acquiring, constructing,	15867
reconstructing, rehabilitating, remodeling, renovating, enlarging,	15868
improving, equipping, or furnishing community or technical college	15869
capital facilities, and the financing thereof, including the cost	15870
of clearance and preparation of the site and of any land to be	15871
used in connection with community or technical college capital	15872
facilities, the cost of any indemnity and surety bonds and	15873
premiums on insurance, all related direct administrative expenses	15874
and allocable portions of direct costs of the commission and the	15875
issuing authority, community or technical college or community or	15876
technical college district, cost of engineering, architectural	15877
services, design, plans, specifications and surveys, estimates of	15878
cost, legal fees, fees and expenses of trustees, depositories,	15879
bond registrars, and paying agents for obligations, cost of	15880
issuance of obligations and financing costs and fees and expenses	15881
of financial advisers and consultants in connection therewith,	15882
interest on obligations from the date thereof to the time when	15883
interest is to be covered by available receipts or other sources	15884
other than proceeds of those obligations, amounts necessary to	15885
establish reserves as required by the bond proceedings, costs of	15886
audits, the reimbursements of all moneys advanced or applied by or	15887
borrowed from the community or technical college, community or	15888
technical college district, or others, from whatever source	15889
provided, including any temporary advances from state	15890
appropriations, for the payment of any item or items of cost of	15891
community or technical college facilities, and all other expenses	15892
necessary or incident to planning or determining feasibility or	15893
practicability with respect to such facilities, and such other	15894
expenses as may be necessary or incident to the acquisition,	15895
construction, reconstruction, rehabilitation, remodeling,	15896
renovation, enlargement, improvement, equipment, and furnishing of	15897
community or technical college capital facilities, the financing	15898
thereof and the placing of them in use and operation, including	15899
any one, part of, or combination of such classes of costs and	15900
expenses.	15901

(5) "Capital facilities" includes community or technical	15902
college capital facilities.	15903

(6) "Obligations" has the same meaning as in section 154.01	15904
or 3345.12 of the Revised Code, as the context requires.	15905

(B) The issuing authority is authorized to issue revenue	15906
obligations under Section 2i of Article VIII, Ohio Constitution,	15907
on behalf of a community or technical college district and shall	15908
cause the net proceeds thereof, after any deposits of accrued	15909
interest for the payment of bond service charges and after any	15910
deposit of all or such lesser portion as the issuing authority may	15911
direct of the premium received upon the sale of those obligations	15912
for the payment of the bond service charges, to be applied to the	15913
cost of community or technical college capital facilities,	15914
provided that the issuance of such obligations is subject to the	15915
execution of a written agreement in accordance with division (C)	15916
of section 3333.90 of the Revised Code for the withholding and	15917
depositing of funds otherwise due the district, or the college it	15918
operates, in respect of its allocated state share of instruction.	15919

(C) The bond service charges and all other payments required	15920
to be made by the trust agreement or indenture securing the	15921
obligations shall be payable solely from available community or	15922
technical college receipts pledged thereto as provided in the	15923
resolution. The available community or technical college receipts	15924
pledged and thereafter received by the commission are immediately	15925
subject to the lien of such pledge without any physical delivery	15926
thereof or further act, and the lien of any such pledge is valid	15927
and binding against all parties having claims of any kind against	15928
the authority, irrespective of whether those parties have notice	15929
thereof, and creates a perfected security interest for all	15930
purposes of Chapter 1309. of the Revised Code and a perfected lien	15931
for purposes of any real property interest, all without the	15932
necessity for separation or delivery of funds or for the filing or	15933
recording of the resolution, trust agreement, indenture, or other	15934
agreement by which such pledge is created or any certificate,	15935
statement, or other document with respect thereto; and the pledge	15936
of such available community or technical college receipts is	15937
effective and the money therefrom and thereof may be applied to	15938
the purposes for which pledged. Every pledge, and every covenant	15939
and agreement made with respect to the pledge, made in the	15940
resolution may therein be extended to the benefit of the owners	15941
and holders of obligations authorized by this section, and to any	15942
trustee therefor, for the further securing of the payment of the	15943
bond service charges, and all or any rights under any agreement or	15944
lease made under this section may be assigned for such purpose.	15945

(D) This section is to be applied with other applicable	15946
provisions of this chapter.	15947

Sec. 166.02. (A) The general assembly finds that many local	15948
areas throughout the state are experiencing economic stagnation or	15949
decline, and that the economic development programs provided for	15950
in this chapter will constitute deserved, necessary reinvestment	15951
by the state in those areas, materially contribute to their	15952
economic revitalization, and result in improving the economic	15953
welfare of all the people of the state. Accordingly, it is	15954
declared to be the public policy of the state, through the	15955
operations of this chapter and other applicable laws adopted	15956
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	15957
and other authority vested in the general assembly, to assist in	15958
and facilitate the establishment or development of eligible	15959
projects or assist and cooperate with any governmental agency in	15960
achieving such purpose.	15961

(B) In furtherance of such public policy and to implement	15962
such purpose, the director of development may:	15963

(1) After consultation with appropriate governmental	15964
agencies, enter into agreements with persons engaged in industry,	15965
commerce, distribution, or research and with governmental agencies	15966
to induce such persons to acquire, construct, reconstruct,	15967
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	15968
otherwise develop, eligible projects and make provision therein	15969
for project facilities and governmental actions, as authorized by	15970
this chapter and other applicable laws, subject to any required	15971
actions by the general assembly or the controlling board and	15972
subject to applicable local government laws and regulations;	15973

(2) Provide for the guarantees and loans as provided for in	15974
sections 166.06 and 166.07 of the Revised Code;	15975

(3) Subject to release of such moneys by the controlling	15976
board, contract for labor and materials needed for, or contract	15977
with others, including governmental agencies, to provide, project	15978
facilities the allowable costs of which are to be paid for or	15979
reimbursed from moneys in the facilities establishment fund, and	15980
contract for the operation of such project facilities;	15981

(4) Subject to release thereof by the controlling board, from	15982
moneys in the facilities establishment fund acquire or contract to	15983
acquire by gift, exchange, or purchase, including the obtaining	15984
and exercise of purchase options, property, and convey or	15985
otherwise dispose of, or provide for the conveyance or disposition	15986
of, property so acquired or contracted to be acquired by sale,	15987
exchange, lease, lease purchase, conditional or installment sale,	15988
transfer, or other disposition, including the grant of an option	15989
to purchase, to any governmental agency or to any other person	15990
without necessity for competitive bidding and upon such terms and	15991
conditions and manner of consideration pursuant to and as the	15992
director determines to be appropriate to satisfy the objectives of	15993
sections 166.01 to 166.11 of the Revised Code;	15994

(5) Retain the services of or employ financial consultants,	15995
appraisers, consulting engineers, superintendents, managers,	15996
construction and accounting experts, attorneys, and employees,	15997
agents, and independent contractors as are necessary in the	15998
director's judgment and fix the compensation for their services;	15999

(6) Receive and accept from any person grants, gifts, and	16000
contributions of money, property, labor, and other things of	16001
value, to be held, used and applied only for the purpose for which	16002
such grants, gifts, and contributions are made;	16003

(7) Enter into appropriate arrangements and agreements with	16004
any governmental agency for the taking or provision by that	16005
governmental agency of any governmental action;	16006

(8) Do all other acts and enter into contracts and execute	16007
all instruments necessary or appropriate to carry out the	16008
provisions of this chapter;	16009

(9) Adopt rules to implement any of the provisions of this	16010
chapter applicable to the director.	16011

(C) The determinations by the director that facilities	16012
constitute eligible projects, that facilities are project	16013
facilities, that costs of such facilities are allowable costs, and	16014
all other determinations relevant thereto or to an action taken or	16015
agreement entered into shall be conclusive for purposes of the	16016
validity and enforceability of rights of parties arising from	16017
actions taken and agreements entered into under this chapter.	16018

(D) Except as otherwise prescribed in this chapter, all	16019
expenses and obligations incurred by the director in carrying out	16020
the director's powers and in exercising the director's duties	16021
under this chapter, shall be payable solely from, as appropriate,	16022
moneys in the facilities establishment fund, the loan guarantee	16023
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	16024
loan fund, the research and development loan fund, the logistics	16025
and distribution infrastructure fund, the logistics and	16026
distribution infrastructure taxable bond fund, or moneys	16027
appropriated for such purpose by the general assembly. This	16028
chapter does not authorize the director or the issuing authority	16029
under section 166.08 of the Revised Code to incur bonded	16030
indebtedness of the state or any political subdivision thereof, or	16031
to obligate or pledge moneys raised by taxation for the payment of	16032
any bonds or notes issued or guarantees made pursuant to this	16033
chapter.	16034

(E) ~~No financial assistance for project facilities shall be~~	16035
~~provided under this chapter unless the provisions of the agreement~~	16036
~~providing for such assistance specify that all wages paid to~~	16037
~~laborers and mechanics employed on such project facilities for~~	16038
~~which the assistance is granted shall be paid at the prevailing~~	16039
~~rates of wages of laborers and mechanics for the class of work~~	16040
~~called for by such project facilities, which wages shall be~~	16041
~~determined in accordance with the requirements of Chapter 4115. of~~	16042
~~the Revised Code for determination of prevailing wage rates,~~	16043
~~provided that the requirements of this division do not apply where~~	16044
~~the federal government or any of its agencies provides financing~~	16045
~~assistance as to all or any part of the funds used in connection~~	16046
~~with such project facilities and prescribes predetermined minimum~~	16047
~~wages to be paid to such laborers and mechanics; and provided~~	16048
~~further that should a nonpublic user beneficiary of the eligible~~	16049
~~project undertake, as part of the eligible project, construction~~	16050
~~to be performed by its regular bargaining unit employees who are~~	16051
~~covered under a collective bargaining agreement which was in~~	16052
~~existence prior to the date of the document authorizing such~~	16053
~~assistance then, in that event, the rate of pay provided under the~~	16054
~~collective bargaining agreement may be paid to such employees.~~	16055

~~(F)~~ Any governmental agency may enter into an agreement with	16056
the director, any other governmental agency, or a person to be	16057
assisted under this chapter, to take or provide for the purposes	16058
of this chapter any governmental action it is authorized to take	16059
or provide, and to undertake on behalf and at the request of the	16060
director any action which the director is authorized to undertake	16061
pursuant to divisions (B)(3), (4), and (5) of this section or	16062
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	16063
Code. Governmental agencies of the state shall cooperate with and	16064
provide assistance to the director of development and the	16065
controlling board in the exercise of their respective functions	16066
under this chapter.	16067

Sec. 167.081. A regional council may enter into a contract	16068
that establishes a unit price for, and provides upon a per unit	16069
basis, materials, labor, services, overhead, profit, and	16070
associated expenses for the repair, enlargement, improvement, or	16071
demolition of a building or structure if the contract is awarded	16072
pursuant to a competitive bidding procedure of a county, municipal	16073
corporation, or township or a special district, school district,	16074
or other political subdivision that is a council member; a	16075
statewide consortium of which the council is a member; or a	16076
multistate consortium of which the council is a member.	16077

A public notice requirement pertaining to the contract shall	16078
be considered as having been met if the public notice is given	16079
once a week for at least two consecutive weeks in a newspaper of	16080
general circulation within a county in this state in which the	16081
council has members and if the notice is posted on the council's	16082
internet web site for at least two consecutive weeks before the	16083
date specified for receiving bids.	16084

A county, municipal corporation, or township and a special	16085
district, school district, or other political subdivision that is	16086
a council member may participate in a contract entered into under	16087
this section. Purchases under a contract entered into under this	16088
section are exempt from any competitive selection or bidding	16089
requirements otherwise required by law. A county, municipal	16090
corporation, or township or a special district, school district,	16091
or other political subdivision that is a member of the council is	16092
not entitled to participate in a contract entered into under this	16093
section if it has received bids for the same work under another	16094
contract, unless participation in a contract under this section	16095
will enable the member to obtain the same work, upon the same	16096
terms, conditions, and specifications, at a lower price.	16097

Sec. 173.14. As used in sections 173.14 to 173.27 of the	16098
Revised Code:	16099

(A)(1) Except as otherwise provided in division (A)(2) of	16100
this section, "long-term care facility" includes any residential	16101
facility that provides personal care services for more than	16102
twenty-four hours for two or more unrelated adults, including all	16103
of the following:	16104

(a) A "nursing home," "residential care facility," or "home	16105
for the aging" as defined in section 3721.01 of the Revised Code;	16106

(b) A facility authorized to provide extended care services	16107
under Title XVIII of the "Social Security Act," 49 Stat. 620	16108
(1935), 42 U.S.C. 301, as amended, including a long-term acute	16109
care hospital that provides medical and rehabilitative care to	16110
patients who require an average length of stay greater than	16111
twenty-five days and is classified by the centers for medicare and	16112
medicaid services as a long-term care hospital pursuant to 42	16113
C.F.R. 412.23(e);	16114

(c) A county home or district home operated pursuant to	16115
Chapter 5155. of the Revised Code;	16116

(d) An "adult care facility" as defined in section ~~3722.01~~	16117
5119.70 of the Revised Code;	16118

(e) A facility approved by the veterans administration under	16119
section 104(a) of the "Veterans Health Care Amendments of 1983,"	16120
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	16121
the placement and care of veterans;	16122

(f) An adult foster home certified under section ~~173.36~~	16123
5119.692 of the Revised Code.	16124

(2) "Long-term care facility" does not include a "residential	16125
facility" as defined in section 5119.22 of the Revised Code or a	16126
"residential facility" as defined in section 5123.19 of the	16127
Revised Code.	16128

(B) "Resident" means a resident of a long-term care facility	16129
and, where appropriate, includes a prospective, previous, or	16130
deceased resident of a long-term care facility.	16131

(C) "Community-based long-term care services" means health	16132
and social services provided to persons in their own homes or in	16133
community care settings, and includes any of the following:	16134

(1) Case management;

16135

(2) Home health care;

16136

(3) Homemaker services;

16137

(4) Chore services;

16138

(5) Respite care;

16139

(6) Adult day care;

16140

(7) Home-delivered meals;

16141

(8) Personal care;

16142

(9) Physical, occupational, and speech therapy;

16143

(10) Transportation;

16144

(11) Any other health and social services provided to persons	16145
that allow them to retain their independence in their own homes or	16146
in community care settings.	16147

(D) "Recipient" means a recipient of community-based	16148
long-term care services and, where appropriate, includes a	16149
prospective, previous, or deceased recipient of community-based	16150
long-term care services.	16151

(E) "Sponsor" means an adult relative, friend, or guardian	16152
who has an interest in or responsibility for the welfare of a	16153
resident or a recipient.	16154

(F) "Personal care services" has the same meaning as in	16155
section 3721.01 of the Revised Code.	16156

(G) "Regional long-term care ombudsperson program" means an	16157
entity, either public or private and nonprofit, designated as a	16158
regional long-term care ombudsperson program by the state	16159
long-term care ombudsperson.	16160

(H) "Representative of the office of the state long-term care	16161
ombudsperson program" means the state long-term care ombudsperson	16162
or a member of the ombudsperson's staff, or a person certified as	16163
a representative of the office under section 173.21 of the Revised	16164
Code.	16165

(I) "Area agency on aging" means an area agency on aging	16166
established under the "Older Americans Act of 1965," 79 Stat. 219,	16167
42 U.S.C.A. 3001, as amended.	16168

Sec. 173.21. (A) The office of the state long-term care	16169
~~ombudsman~~ombudsperson program, through the state long-term care	16170
~~ombudsman~~ombudsperson and the regional long-term care ~~ombudsman~~	16171
ombudsperson programs, shall require each representative of the	16172
office to complete a training and certification program in	16173
accordance with this section and to meet the continuing education	16174
requirements established under this section.	16175

(B) The department of aging shall adopt rules under Chapter	16176
119. of the Revised Code specifying the content of training	16177
programs for representatives of the office of the state long-term	16178
care ~~ombudsman~~ombudsperson program. Training for representatives	16179
other than those who are volunteers providing services through	16180
regional long-term care ~~ombudsman~~ombudsperson programs shall	16181
include instruction regarding federal, state, and local laws,	16182
rules, and policies on long-term care facilities and	16183
community-based long-term care services; investigative techniques;	16184
and other topics considered relevant by the department and shall	16185
consist of the following:	16186

(1) A minimum of forty clock hours of basic instruction,	16187
which shall be completed before the trainee is permitted to handle	16188
complaints without the supervision of a representative of the	16189
office certified under this section;	16190

(2) An additional sixty clock hours of instruction, which	16191
shall be completed within the first fifteen months of employment;	16192

(3) An internship of twenty clock hours, which shall be	16193
completed within the first twenty-four months of employment,	16194
including instruction in, and observation of, basic nursing care	16195
and long-term care provider operations and procedures. The	16196
internship shall be performed at a site that has been approved as	16197
an internship site by the state long-term care ~~ombudsman~~	16198
ombudsperson.	16199

(4) One of the following, which shall be completed within the	16200
first twenty-four months of employment:	16201

(a) Observation of a survey conducted by the director of	16202
health to certify a facility to receive funds under sections	16203
5111.20 to 5111.32 of the Revised Code;	16204

(b) Observation of an inspection conducted by the director of	16205
mental health to license an adult care facility under section	16206
~~3722.04~~5119.73 of the Revised Code.	16207

(5) Any other training considered appropriate by the	16208
department.	16209

(C) Persons who for a period of at least six months prior to	16210
June 11, 1990, served as ombudsmen through the long-term care	16211
~~ombudsman~~ombudsperson program established by the department of	16212
aging under division (M) of section 173.01 of the Revised Code	16213
shall not be required to complete a training program. These	16214
persons and persons who complete a training program shall take an	16215
examination administered by the department of aging. On attainment	16216
of a passing score, the person shall be certified by the	16217
department as a representative of the office. The department shall	16218
issue the person an identification card, which the representative	16219
shall show at the request of any person with whom hethe	16220
representative deals while performing ~~his~~the representative's	16221
duties and which he shall ~~surrender~~be surrendered at the time he	16222
the representative separates from the office.	16223

(D) The state ~~ombudsman~~ombudsperson and each regional	16224
program shall conduct training programs for volunteers on their	16225
respective staffs in accordance with the rules of the department	16226
of aging adopted under division (B) of this section. Training	16227
programs may be conducted that train volunteers to complete some,	16228
but not all, of the duties of a representative of the office. Each	16229
regional office shall bear the cost of training its	16230
representatives who are volunteers. On completion of a training	16231
program, the representative shall take an examination administered	16232
by the department of aging. On attainment of a passing score, hea	16233
volunteer shall be certified by the department as a representative	16234
authorized to perform services specified in the certification. The	16235
department shall issue an identification card, which the	16236
representative shall show at the request of any person with whom	16237
hethe representative deals while performing ~~his~~the	16238
representative's duties and which he shall ~~surrender~~be	16239
surrendered at the time hethe representative separates from the	16240
office. Except as a supervised part of a training program, no	16241
volunteer shall perform any duty unless he is certified as a	16242
representative having received appropriate training for that duty.	16243

(E) The state ~~ombudsman~~ombudsperson shall provide technical	16244
assistance to regional programs conducting training programs for	16245
volunteers and shall monitor the training programs.	16246

(F) Prior to scheduling an observation of a certification	16247
survey or licensing inspection for purposes of division (B)(4) of	16248
this section, the state ~~ombudsman~~ombudsperson shall obtain	16249
permission to have the survey or inspection observed from both the	16250
director of health and the long-term care facility at which the	16251
survey or inspection is to take place.	16252

(G) The department of aging shall establish continuing	16253
education requirements for representatives of the office.	16254

Sec. 173.26. (A) Each of the following facilities shall	16255
annually pay to the department of aging six dollars for each bed	16256
maintained by the facility for use by a resident during any part	16257
of the previous year:	16258

(1) Nursing homes, residential care facilities, and homes for	16259
the aging as defined in section 3721.01 of the Revised Code;	16260

(2) Facilities authorized to provide extended care services	16261
under Title XVIII of the "Social Security Act," 49 Stat. 620	16262
(1935), 42 U.S.C. 301, as amended, including a long-term acute	16263
care hospital that provides medical and rehabilitative care to	16264
patients who require an average length of stay greater than	16265
twenty-five days and is classified by the centers for medicare and	16266
medicaid services as a long-term care hospital pursuant to 42	16267
C.F.R. 412.23(e);	16268

(3) County homes and district homes operated pursuant to	16269
Chapter 5155. of the Revised Code;	16270

(4) Adult care facilities as defined in section ~~3722.01~~	16271
5119.70 of the Revised Code;	16272

(5) Facilities approved by the Veterans Administration under	16273
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	16274
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	16275
the placement and care of veterans.	16276

The department shall, by rule adopted in accordance with	16277
Chapter 119. of the Revised Code, establish deadlines for payments	16278
required by this section. A facility that fails, within ninety	16279
days after the established deadline, to pay a payment required by	16280
this section shall be assessed at two times the original invoiced	16281
payment.	16282

(B) All money collected under this section shall be deposited	16283
in the state treasury to the credit of the office of the state	16284
long-term care ombudsperson program fund, which is hereby created.	16285
Money credited to the fund shall be used solely to pay the costs	16286
of operating the regional long-term care ombudsperson programs.	16287

(C) The state long-term care ombudsperson and the regional	16288
programs may solicit and receive contributions to support the	16289
operation of the office or a regional program, except that no	16290
contribution shall be solicited or accepted that would interfere	16291
with the independence or objectivity of the office or program.	16292

Sec. 173.391. (A) The department of aging or its designee	16293
shall do all of the following in accordance with Chapter 119. of	16294
the Revised Code:	16295

(1) Certify a person or government entity to provide	16296
community-based long-term care services under a program the	16297
department administers if the person or government entity	16298
satisfies the requirements for certification established by rules	16299
adopted under division (B) of this section and pays the fee, if	16300
any, established by rules adopted under division (G) of this	16301
section;	16302

(2) When required to do so by rules adopted under division	16303
(B) of this section, take one or more of the following	16304
disciplinary actions against a person or government entity ~~issued~~	16305
~~a certificate~~certified under division (A)(1) of this section:	16306

(a) Issue a written warning;

16307

(b) Require the submission of a plan of correction or	16308
evidence of compliance with requirements identified by the	16309
department;	16310

16311

(d) Remove clients;

16312

(e) Impose a fiscal sanction such as a civil monetary penalty	16313
or an order that unearned funds be repaid;	16314

(f) Suspend the certification;

16315

(g) Revoke the ~~certificate~~certification;

16316

~~(g)~~(h) Impose another sanction.

16317

(3) ~~Hold~~Except as provided in division (E) of this section,	16318
hold hearings when there is a dispute between the department or	16319
its designee and a person or government entity concerning actions	16320
the department or its designee takes ~~or does not take~~regarding a	16321
decision not to certify the person or government entity under	16322
division (A)(1) of this section or a disciplinary action under	16323
division (A)~~(1) or~~ (2)~~(c)~~(e) to ~~(g)~~(h) of this section.	16324

(B) The director of aging shall adopt rules in accordance	16325
with Chapter 119. of the Revised Code establishing certification	16326
requirements and standards for determining which type of	16327
disciplinary action to take under division (A)(2) of this section	16328
in individual situations. The rules shall establish procedures for	16329
all of the following:	16330

(1) Ensuring that community-based long-term care agencies	16331
comply with section 173.394 of the Revised Code;	16332

(2) Evaluating the services provided by the agencies to	16333
ensure that ~~they~~the services are provided in a quality manner	16334
advantageous to the individual receiving the services;	16335

(3) Determining when to take disciplinary action under	16336
division (A)(2) of this section and which disciplinary action to	16337
take;	16338

(4) Determining what constitutes another sanction for	16339
purposes of division (A)(2)(h) of this section.	16340

(C) The procedures established in rules adopted under	16341
division (B)(2) of this section shall require that all of the	16342
following be considered as part of an evaluation described in	16343
division (B)(2) of this section:	16344

(1) The ~~service provider's~~community-based long-term care	16345
agency's experience and financial responsibility;	16346

(2) The ~~service provider's~~agency's ability to comply with	16347
standards for the community-based long-term care services that the	16348
~~provider~~agency provides under a program the department	16349
administers;	16350

(3) The ~~service provider's~~agency's ability to meet the needs	16351
of the individuals served;	16352

(4) Any other factor the director considers relevant.

16353

(D) The rules adopted under division (B)(3) of this section	16354
shall specify that the reasons disciplinary action may be taken	16355
under division (A)(2) of this section include good cause,	16356
including misfeasance, malfeasance, nonfeasance, confirmed abuse	16357
or neglect, financial irresponsibility, or other conduct the	16358
director determines is injurious, or poses a threat, to the health	16359
or safety of individuals being served.	16360

(E) Subject to division (F) of this section, the department	16361
is not required to hold hearings under division (A)(3) of this	16362
section if any of the following conditions apply:	16363

(1) Rules adopted by the director of aging pursuant to this	16364
chapter require the community-based long-term care agency to be a	16365
party to a provider agreement; hold a license, certificate, or	16366
permit; or maintain a certification, any of which is required or	16367
issued by a state or federal government entity other than the	16368
department of aging, and either of the following is the case:	16369

(a) The provider agreement has not been entered into or the	16370
license, certificate, permit, or certification has not been	16371
obtained or maintained.	16372

(b) The provider agreement, license, certificate, permit, or	16373
certification has been denied, revoked, not renewed, or suspended	16374
or has been otherwise restricted.	16375

(2) The agency's certification under this section has been	16376
denied, suspended, or revoked for any of the following reasons:	16377

(a) A government entity of this state, other than the	16378
department of aging, has terminated or refused to renew any of the	16379
following held by, or has denied any of the following sought by, a	16380
community-based long-term care agency: a provider agreement,	16381
license, certificate, permit, or certification. Division (E)(2)(a)	16382
of this section applies regardless of whether the agency has	16383
entered into a provider agreement in, or holds a license,	16384
certificate, permit, or certification issued by, another state.	16385

(b) The agency or a principal owner or manager of the agency	16386
who provides direct care has entered a guilty plea for, or has	16387
been convicted of, an offense materially related to the medicaid	16388
program.	16389

(c) The agency or a principal owner or manager of the agency	16390
who provides direct care has entered a guilty plea for, or been	16391
convicted of, an offense listed in division (C)(1)(a) of section	16392
173.394 of the Revised Code, but only if none of the personal	16393
character standards established by the department in rules adopted	16394
under division (F) of section 173.394 of the Revised Code apply.	16395

(d) The United States department of health and human services	16396
has taken adverse action against the agency and that action	16397
impacts the agency's participation in the medicaid program.	16398

(e) The agency has failed to enter into or renew a provider	16399
agreement with the PASSPORT administrative agency, as that term is	16400
defined in section 173.42 of the Revised Code, that administers	16401
programs on behalf of the department of aging in the region of the	16402
state in which the agency is certified to provide services.	16403

(f) The agency has not billed or otherwise submitted a claim	16404
to the department for payment under the medicaid program in at	16405
least two years.	16406

(g) The agency denied or failed to provide the department or	16407
its designee access to the agency's facilities during the agency's	16408
normal business hours for purposes of conducting an audit or	16409
structural compliance review.	16410

(h) The agency has ceased doing business.

16411

(i) The agency has voluntarily relinquished its certification	16412
for any reason.	16413

(3) The agency's provider agreement with the department of	16414
job and family services has been suspended under division (C) of	16415
section 5111.031 of the Revised Code.	16416

(4) The agency's provider agreement with the department of	16417
job and family services is denied or revoked because the agency or	16418
its owner, officer, authorized agent, associate, manager, or	16419
employee has been convicted of an offense that caused the provider	16420
agreement to be suspended under section 5111.031 of the Revised	16421
Code.	16422

(F) If the department does not hold hearings when any	16423
condition described in division (E) of this section applies, the	16424
department may send a notice to the agency describing a decision	16425
not to certify the agency under division (A)(1) of this section or	16426
the disciplinary action the department proposes to take under	16427
division (A)(2)(e) to (h) of this section. The notice shall be	16428
sent to the agency's address that is on record with the department	16429
and may be sent by regular mail.	16430

(G) The director of aging may adopt rules in accordance with	16431
Chapter 119. of the Revised Code establishing a fee to be charged	16432
by the department of aging or its designee for certification	16433
issued under this section.	16434

All fees collected by the department or its designee under	16435
this section shall be deposited in the state treasury to the	16436
credit of the provider certification fund, which is hereby	16437
created. Money credited to the fund shall be used to pay for	16438
community-based long-term care services, administrative costs	16439
associated with community-based long-term care agency	16440
certification under this section, and administrative costs related	16441
to the publication of the Ohio long-term care consumer guide.	16442

Sec. 173.40. (A) As used in sections 173.40 to 173.402 of	16443
the Revised Code~~, "PASSPORT~~:	16444

"Medicaid waiver component" has the same meaning as in	16445
section 5111.85 of the Revised Code.	16446

"PASSPORT program" means the program created under this	16447
section.	16448

"PASSPORT waiver" means the federal medicaid waiver granted	16449
by the United States secretary of health and human services that	16450
authorizes the medicaid-funded component of the PASSPORT program.	16451

"Unified long-term services and support medicaid waiver	16452
component" means the medicaid waiver component authorized by	16453
section 5111.864 of the Revised Code.	16454

(B) There is hereby created the preadmission screening system	16455
providing options and resources today program, or PASSPORT. The	16456
PASSPORT program shall provide home and community-based services	16457
as an alternative to nursing facility placement for individuals	16458
who are aged and disabled ~~medicaid recipients~~and meet the	16459
program's applicable eligibility requirements. ~~The~~Subject to	16460
division (C) of this section, the program shall have a	16461
medicaid-funded component and a state-funded component.	16462

(C)(1) Unless the medicaid-funded component of the PASSPORT	16463
program is terminated under division (C)(2) of this section, all	16464
of the following apply:	16465

(a) The department of aging shall administer the	16466
medicaid-funded component through a contract entered into with the	16467
department of job and family services under section 5111.91 of the	16468
Revised Code.	16469

(b) The medicaid-funded component shall be operated as a	16470
separate medicaid waiver component~~, as defined in section 5111.85~~	16471
~~of the Revised Code, until the United States secretary of health~~	16472
~~and human services approves the consolidated federal medicaid~~	16473
~~waiver sought under section 5111.861 of the Revised Code~~. ~~The~~	16474
~~program shall be part of the consolidated federal medicaid waiver~~	16475
~~sought under that section if the United States secretary approves~~	16476
~~the waiver. The department of aging shall administer the program~~	16477
~~through a contract entered into with the department of job and~~	16478
~~family services under section 5111.91 of the Revised Code. The~~	16479

(c) For an individual to be eligible for the medicaid-funded	16480
component, the individual must be a medicaid recipient and meet	16481
the additional eligibility requirements applicable to the	16482
individual established in rules adopted under division (C)(1)(d)	16483
of this section.	16484

(d) The director of job and family services shall adopt rules	16485
under section 5111.85 of the Revised Code and the director of	16486
aging shall adopt rules in accordance with Chapter 119. of the	16487
Revised Code to implement the ~~program~~medicaid-funded component.	16488

(2) If the unified long-term services and support medicaid	16489
waiver component is created, the departments of aging and job and	16490
family services shall work together to determine whether the	16491
medicaid-funded component of the PASSPORT program should continue	16492
to operate as a separate medicaid waiver component or be	16493
terminated. If the departments determine that the medicaid-funded	16494
component of the PASSPORT program should be terminated, the	16495
medicaid-funded component shall cease to exist on a date the	16496
departments shall specify.	16497

(D)(1) The department of aging shall administer the	16498
state-funded component of the PASSPORT program. The state-funded	16499
component shall not be administered as part of the medicaid	16500
program.	16501

(2) For an individual to be eligible for the state-funded	16502
component, the individual must meet one of the following	16503
requirements and meet the additional eligibility requirements	16504
applicable to the individual established in rules adopted under	16505
division (D)(4) of this section:	16506

(a) The individual must have been enrolled in the	16507
state-funded component on September 1, 1991, (as the state-funded	16508
component was authorized by uncodified law in effect at that time)	16509
and have had one or more applications for enrollment in the	16510
medicaid-funded component (or, if the medicaid-funded component is	16511
terminated under division (C)(2) of this section, the unified	16512
long-term services and support medicaid waiver component) denied.	16513

(b) The individual must have had the individual's enrollment	16514
in the medicaid-funded component (or, if the medicaid-funded	16515
component is terminated under division (C)(2) of this section, the	16516
unified long-term services and support medicaid waiver component)	16517
terminated and the individual must still need the home and	16518
community-based services provided under the PASSPORT program to	16519
protect the individual's health and safety.	16520

(c) The individual must have an application for the	16521
medicaid-funded component (or, if the medicaid-funded component is	16522
terminated under division (C)(2) of this section, the unified	16523
long-term services and support medicaid waiver component) pending	16524
and the department or the department's designee must have	16525
determined that the individual meets the nonfinancial eligibility	16526
requirements of the medicaid-funded component (or, if the	16527
medicaid-funded component is terminated under division (C)(2) of	16528
this section, the unified long-term services and support medicaid	16529
waiver component) and not have reason to doubt that the individual	16530
meets the financial eligibility requirements of the	16531
medicaid-funded component (or, if the medicaid-funded component is	16532
terminated under division (C)(2) of this section, the unified	16533
long-term services and support medicaid waiver component).	16534

(3) An individual who is eligible for the state-funded	16535
component because the individual meets the requirement of division	16536
(D)(2)(c) of this section may participate in the component for not	16537
more than three months.	16538

(4) The director of aging shall adopt rules in accordance	16539
with section 111.15 of the Revised Code to implement the	16540
state-funded component. The additional eligibility requirements	16541
established in the rules may vary for the different groups of	16542
individuals specified in divisions (D)(2)(a), (b), and (c) of this	16543
section.	16544

Sec. 173.401. (A) As used in this section:

16545

"Area agency on aging" has the same meaning as in section	16546
173.14 of the Revised Code.	16547

"Long-term care consultation program" means the program the	16548
department of aging is required to develop under section 173.42 of	16549
the Revised Code.	16550

"Long-term care consultation program administrator" or	16551
"administrator" means the department of aging or, if the	16552
department contracts with an area agency on aging or other entity	16553
to administer the long-term care consultation program for a	16554
particular area, that agency or entity.	16555

"Nursing facility" has the same meaning as in section 5111.20	16556
of the Revised Code.	16557

~~"PASSPORT waiver" means the federal medicaid waiver granted~~	16558
~~by the United States secretary of health and human services that~~	16559
~~authorizes the PASSPORT program.~~	16560

(B) ~~The~~Subject to division (C)(2) of section 173.40 of the	16561
Revised Code, the department shall establish a home first	16562
component of the PASSPORT program under which eligible individuals	16563
may be enrolled in the medicaid-funded component of the PASSPORT	16564
program in accordance with this section. An individual is eligible	16565
for the PASSPORT program's home first component if ~~all~~both of the	16566
following apply:	16567

(1) The individual ishas been determined to be eligible for	16568
the medicaid-funded component of the PASSPORT program.	16569

(2) ~~The individual is on the unified waiting list established~~	16570
~~under section 173.404 of the Revised Code.~~	16571

~~(3)~~ At least one of the following applies:

16572

(a) The individual has been admitted to a nursing facility.

16573

(b) A physician has determined and documented in writing that	16574
the individual has a medical condition that, unless the individual	16575
is enrolled in home and community-based services such as the	16576
PASSPORT program, will require the individual to be admitted to a	16577
nursing facility within thirty days of the physician's	16578
determination.	16579

(c) The individual has been hospitalized and a physician has	16580
determined and documented in writing that, unless the individual	16581
is enrolled in home and community-based services such as the	16582
PASSPORT program, the individual is to be transported directly	16583
from the hospital to a nursing facility and admitted.	16584

(d) Both of the following apply:

16585

(i) The individual is the subject of a report made under	16586
section 5101.61 of the Revised Code regarding abuse, neglect, or	16587
exploitation or such a report referred to a county department of	16588
job and family services under section 5126.31 of the Revised Code	16589
or has made a request to a county department for protective	16590
services as defined in section 5101.60 of the Revised Code.	16591

(ii) A county department of job and family services and an	16592
area agency on aging have jointly documented in writing that,	16593
unless the individual is enrolled in home and community-based	16594
services such as the PASSPORT program, the individual should be	16595
admitted to a nursing facility.	16596

(C) Each month, each area agency on aging shall identify	16597
individuals residing in the area that the agency serves who are	16598
eligible for the home first component of the PASSPORT program.	16599
When an area agency on aging identifies such an individual, the	16600
agency shall notify the long-term care consultation program	16601
administrator serving the area in which the individual resides.	16602
The administrator shall determine whether the PASSPORT program is	16603
appropriate for the individual and whether the individual would	16604
rather participate in the PASSPORT program than continue or begin	16605
to reside in a nursing facility. If the administrator determines	16606
that the PASSPORT program is appropriate for the individual and	16607
the individual would rather participate in the PASSPORT program	16608
than continue or begin to reside in a nursing facility, the	16609
administrator shall so notify the department of aging. On receipt	16610
of the notice from the administrator, the department shall approve	16611
the individual's enrollment in the medicaid-funded component of	16612
the PASSPORT program regardless of the unified waiting list	16613
established under section 173.404 of the Revised Code, unless the	16614
enrollment would cause the ~~PASSPORT program~~component to exceed	16615
any limit on the number of individuals who may be enrolled in the	16616
~~program~~component as set by the United States secretary of health	16617
and human services in the PASSPORT waiver.	16618

~~(D) Each quarter, the department of aging shall certify to~~	16619
~~the director of budget and management the estimated increase in~~	16620
~~costs of the PASSPORT program resulting from enrollment of~~	16621
~~individuals in the PASSPORT program pursuant to this section.~~	16622

Sec. 173.403. ~~"Choices~~(A) As used in this section:

16623

"Choices program" means the program created under this	16624
section.	16625

~~There~~"Medicaid waiver component" has the same meaning as in	16626
section 5111.85 of the Revised Code.	16627

"Unified long-term services and support medicaid waiver	16628
component" means the medicaid waiver component authorized by	16629
section 5111.864 of the Revised Code.	16630

(B) Subject to division (C) of this section, there is hereby	16631
created the choices program. The program shall provide home and	16632
community-based services. ~~The choices program shall be operated as~~	16633
~~a separate medicaid waiver component, as defined in section~~	16634
~~5111.85 of the Revised Code, until the United States secretary of~~	16635
~~health and human services approves the consolidated federal~~	16636
~~medicaid waiver sought under section 5111.861 of the Revised Code.~~	16637
~~The program shall be part of the consolidated federal medicaid~~	16638
~~waiver sought under that section if the United States secretary~~	16639
~~approves the waiver.~~ The department of aging shall administer the	16640
program through a contract entered into with the department of job	16641
and family services under section 5111.91 of the Revised Code.	16642
Subject to federal approval, the program shall be available	16643
statewide.	16644

(C) If the unified long-term services and support medicaid	16645
waiver component is created, the departments of aging and job and	16646
family services shall work together to determine whether the	16647
choices program should continue to operate as a separate medicaid	16648
waiver component or be terminated. If the departments determine	16649
that the choices program should be terminated, the program shall	16650
cease to exist on a date the departments shall specify.	16651

Sec. 173.404. (A) As used in this section:

16652

(1) "Department of aging-administered medicaid waiver	16653
component" means each of the following:	16654

(a) The medicaid-funded component of the PASSPORT program	16655
created under section 173.40 of the Revised Code;	16656

(b) The choices program created under section 173.403 of the	16657
Revised Code;	16658

(c) The medicaid-funded component of the assisted living	16659
program created under section 5111.89 of the Revised Code.	16660

(2) "PACE program" means the component of the medicaid	16661
program the department of aging administers pursuant to section	16662
173.50 of the Revised Code.	16663

(B) ~~The~~If the department of aging determines that there are	16664
insufficient funds to enroll all individuals who have applied and	16665
been determined eligible for department of aging-administered	16666
medicaid waiver components and the PACE program, the department of	16667
~~aging~~ shall establish a unified waiting list for ~~department of~~	16668
~~aging-administered medicaid waiver~~the components and ~~the PACE~~	16669
program. Only individuals eligible for a department of	16670
aging-administered medicaid waiver component or the PACE program	16671
may be placed on the unified waiting list. An individual who may	16672
be enrolled in a department of aging-administered medicaid waiver	16673
component or the PACE program through a home first component	16674
established under section 173.401, 173.501, or 5111.894 of the	16675
Revised Code may be so enrolled without being placed on the	16676
unified waiting list.	16677

Sec. 173.41. (A) The department of aging shall promote the	16678
development of a statewide aging and disabilities resource network	16679
through which older adults, adults with disabilities, and their	16680
caregivers are provided with both of the following:	16681

(1) Information on any long-term care service options	16682
available to the individuals;	16683

(2) Streamlined access to long-term care services, both	16684
publicly funded services and services available through private	16685
payment.	16686

(B) Area agencies on aging shall establish the network	16687
throughout the state. In doing so, the agencies shall collaborate	16688
with centers for independent living and other locally funded	16689
organizations to establish a cost-effective and consumer-friendly	16690
network that builds on existing, local infrastructures of services	16691
that support consumers in their communities.	16692

Sec. 173.42. (A) As used in sections 173.42 to 173.434 of	16693
the Revised Code:	16694

(1) "Area agency on aging" means a public or private	16695
nonprofit entity designated under section 173.011 of the Revised	16696
Code to administer programs on behalf of the department of aging.	16697

(2) "Department of aging-administered medicaid waiver	16698
component" means each of the following:	16699

(a) The medicaid-funded component of the PASSPORT program	16700
created under section 173.40 of the Revised Code;	16701

(b) The choices program created under section 173.403 of the	16702
Revised Code;	16703

(c) The medicaid-funded component of the assisted living	16704
program created under section 5111.89 of the Revised Code;	16705

(d) Any other medicaid waiver component, as defined in	16706
section 5111.85 of the Revised Code, that the department of aging	16707
administers pursuant to an interagency agreement with the	16708
department of job and family services under section 5111.91 of the	16709
Revised Code.	16710

(3) "Home and community-based services covered by medicaid	16711
components the department of aging administers" means all of the	16712
following:	16713

(a) Medicaid waiver services available to a participant in a	16714
department of aging-administered medicaid waiver component;	16715

(b) The following medicaid state plan services available to a	16716
participant in a department of aging-administered medicaid waiver	16717
component as specified in rules adopted under section 5111.02 of	16718
the Revised Code:	16719

(i) Home health services;

16720

(ii) Private duty nursing services;

16721

(iii) Durable medical equipment;

16722

(iv) Services of a clinical nurse specialist;

16723

(v) Services of a certified nurse practitioner.

16724

16725

(4) "Long-term care consultation" or "consultation" means the	16726
consultation service made available by the department of aging or	16727
a program administrator through the long-term care consultation	16728
program established pursuant to this section.	16729

(5) "Medicaid" means the medical assistance program	16730
established under Chapter 5111. of the Revised Code.	16731

(6) "Nursing facility" has the same meaning as in section	16732
5111.20 of the Revised Code.	16733

(7) "PACE program" means the component of the medicaid	16734
program the department of aging administers pursuant to section	16735
173.50 of the Revised Code.	16736

(8) "PASSPORT administrative agency" means an entity under	16737
contract with the department of aging to provide administrative	16738
services regarding the PASSPORT program.	16739

(9) "Program administrator" means an area agency on aging or	16740
other entity under contract with the department of aging to	16741
administer the long-term care consultation program in a geographic	16742
region specified in the contract.	16743

(10) "Representative" means a person acting on behalf of an	16744
individual specified in division (G) of this section. A	16745
representative may be a family member, attorney, hospital social	16746
worker, or any other person chosen to act on behalf of the	16747
individual.	16748

(B) The department of aging shall develop a long-term care	16749
consultation program whereby individuals or their representatives	16750
are provided with long-term care consultations and receive through	16751
these professional consultations information about options	16752
available to meet long-term care needs and information about	16753
factors to consider in making long-term care decisions. The	16754
long-term care consultations provided under the program may be	16755
provided at any appropriate time, as permitted or required under	16756
this section and the rules adopted under it, including either	16757
prior to or after the individual who is the subject of a	16758
consultation has been admitted to a nursing facility or granted	16759
assistance in receiving home and community-based services covered	16760
by medicaid components the department of aging administers.	16761

(C) The long-term care consultation program shall be	16762
administered by the department of aging, except that the	16763
department may have the program administered on a regional basis	16764
by one or more program administrators. The department and each	16765
program administrator shall administer the program in such a	16766
manner that all of the following are included:	16767

(1) Coordination and collaboration with respect to all	16768
available funding sources for long-term care services;	16769

(2) Assessments of individuals regarding their long-term care	16770
service needs;	16771

(3) Assessments of individuals regarding their on-going	16772
eligibility for long-term care services;	16773

(4) Procedures for assisting individuals in obtaining access	16774
to, and coordination of, health and supportive services, including	16775
department of aging-administered medicaid waiver components;	16776

(5) Priorities for using available resources efficiently and	16777
effectively.	16778

(D) The program's long-term care consultations shall be	16779
provided by individuals certified by the department under section	16780
173.422 of the Revised Code.	16781

(E) The information provided through a long-term care	16782
consultation shall be appropriate to the individual's needs and	16783
situation and shall address all of the following:	16784

(1) The availability of any long-term care options open to	16785
the individual;	16786

(2) Sources and methods of both public and private payment	16787
for long-term care services;	16788

(3) Factors to consider when choosing among the available	16789
programs, services, and benefits;	16790

(4) Opportunities and methods for maximizing independence and	16791
self-reliance, including support services provided by the	16792
individual's family, friends, and community.	16793

(F) An individual's long-term care consultation may include	16794
an assessment of the individual's functional capabilities. The	16795
consultation may incorporate portions of the determinations	16796
required under sections 5111.202, 5119.061, and 5123.021 of the	16797
Revised Code and may be provided concurrently with the assessment	16798
required under section 5111.204 of the Revised Code.	16799

(G)(1) Unless an exemption specified in division (I) of this	16800
section is applicable, each of the following shall be provided	16801
with a long-term care consultation:	16802

(a) An individual who applies or indicates an intention to	16803
apply for admission to a nursing facility, regardless of the	16804
source of payment to be used for the individual's care in a	16805
nursing facility;	16806

(b) An individual who requests a long-term care consultation;

16807

(c) An individual identified by the department or a program	16808
administrator as being likely to benefit from a long-term care	16809
consultation.	16810

(2) In addition to the individuals specified in division	16811
(G)(1) of this section, a long-term care consultation may be	16812
provided to a nursing facility resident regardless of the source	16813
of payment being used for the resident's care in the nursing	16814
facility.	16815

(H)(1) Except as provided in division (H)(2) or (3) of this	16816
section, a long-term care consultation provided pursuant to	16817
division (G) of this section shall be provided as follows:	16818

(a) If the individual for whom the consultation is being	16819
provided has applied for medicaid and the consultation is being	16820
provided concurrently with the assessment required under section	16821
5111.204 of the Revised Code, the consultation shall be completed	16822
in accordance with the applicable time frames specified in that	16823
section for providing a level of care determination based on the	16824
assessment.	16825

(b) In all other cases, the consultation shall be provided	16826
not later than five calendar days after the department or program	16827
administrator receives notice of the reason for which the	16828
consultation is to be provided pursuant to division (G) of this	16829
section.	16830

(2) An individual or the individual's representative may	16831
request that a long-term care consultation be provided on a date	16832
that is later than the date required under division (H)(1)(a) or	16833
(b) of this section.	16834

(3) If a long-term care consultation cannot be completed	16835
within the number of days required by division (H)(1) or (2) of	16836
this section, the department or program administrator may do any	16837
of the following:	16838

(a) In the case of an individual specified in division (G)(1)	16839
of this section, exempt the individual from the consultation	16840
pursuant to rules that may be adopted under division (L) of this	16841
section;	16842

(b) In the case of an applicant for admission to a nursing	16843
facility, provide the consultation after the individual is	16844
admitted to the nursing facility;	16845

(c) In the case of a resident of a nursing facility, provide	16846
the consultation as soon as practicable.	16847

(I) An individual is not required to be provided a long-term	16848
care consultation under division (G)(1) of this section if any of	16849
the following apply:	16850

(1) The department or program administrator has attempted to	16851
provide the consultation, but the individual or the individual's	16852
representative refuses to cooperate;	16853

(2) The individual is to receive care in a nursing facility	16854
under a contract for continuing care as defined in section 173.13	16855
of the Revised Code;	16856

(3) The individual has a contractual right to admission to a	16857
nursing facility operated as part of a system of continuing care	16858
in conjunction with one or more facilities that provide a less	16859
intensive level of services, including a residential care facility	16860
licensed under Chapter 3721. of the Revised Code, an adult care	16861
facility licensed under ~~Chapter 3722.~~sections 5119.70 to 5119.88	16862
of the Revised Code, or an independent living arrangement;	16863

(4) The individual is to receive continual care in a home for	16864
the aged exempt from taxation under section 5701.13 of the Revised	16865
Code;	16866

(5) The individual is seeking admission to a facility that is	16867
not a nursing facility with a provider agreement under section	16868
5111.22, 5111.671, or 5111.672 of the Revised Code;	16869

(6) The individual is exempted from the long-term care	16870
consultation requirement by the department or the program	16871
administrator pursuant to rules that may be adopted under division	16872
(L) of this section.	16873

(J) As part of the long-term care consultation program, the	16874
department or program administrator shall assist an individual or	16875
individual's representative in accessing all sources of care and	16876
services that are appropriate for the individual and for which the	16877
individual is eligible, including all available home and	16878
community-based services covered by medicaid components the	16879
department of aging administers. The assistance shall include	16880
providing for the conduct of assessments or other evaluations and	16881
the development of individualized plans of care or services under	16882
section 173.424 of the Revised Code.	16883

(K) No nursing facility for which an operator has a provider	16884
agreement under section 5111.22, 5111.671, or 5111.672 of the	16885
Revised Code shall admit any individual as a resident, unless the	16886
nursing facility has received evidence that a long-term care	16887
consultation has been completed for the individual or division (I)	16888
of this section is applicable to the individual.	16889

(L) The director of aging may adopt any rules the director	16890
considers necessary for the implementation and administration of	16891
this section. The rules shall be adopted in accordance with	16892
Chapter 119. of the Revised Code and may specify any or all of the	16893
following:	16894

(1) Procedures for providing long-term care consultations	16895
pursuant to this section;	16896

(2) Information to be provided through long-term care	16897
consultations regarding long-term care services that are	16898
available;	16899

(3) Criteria and procedures to be used to identify and	16900
recommend appropriate service options for an individual receiving	16901
a long-term care consultation;	16902

(4) Criteria for exempting individuals from the long-term	16903
care consultation requirement;	16904

(5) Circumstances under which it may be appropriate to	16905
provide an individual's long-term care consultation after the	16906
individual's admission to a nursing facility rather than before	16907
admission;	16908

(6) Criteria for identifying nursing facility residents who	16909
would benefit from the provision of a long-term care consultation;	16910

(7) A description of the types of information from a nursing	16911
facility that is needed under the long-term care consultation	16912
program to assist a resident with relocation from the facility;	16913

(8) Standards to prevent conflicts of interest relative to	16914
the referrals made by a person who performs a long-term care	16915
consultation, including standards that prohibit the person from	16916
being employed by a provider of long-term care services;	16917

(9) Procedures for providing notice and an opportunity for a	16918
hearing under division (N) of this section.	16919

(M) To assist the department and each program administrator	16920
with identifying individuals who are likely to benefit from a	16921
long-term care consultation, the department and program	16922
administrator may ask to be given access to nursing facility	16923
resident assessment data collected through the use of the resident	16924
assessment instrument specified in rules adopted under section	16925
5111.02 of the Revised Code for purposes of the medicaid program.	16926
Except when prohibited by state or federal law, the department of	16927
health, department of job and family services, or nursing facility	16928
holding the data shall grant access to the data on receipt of the	16929
request from the department of aging or program administrator.	16930

(N)(1) The director of aging, after providing notice and an	16931
opportunity for a hearing, may fine a nursing facility an amount	16932
determined by rules the director shall adopt in accordance with	16933
Chapter 119. of the Revised Code for any of the following reasons:	16934

(a) The nursing facility admits an individual, without	16935
evidence that a long-term care consultation has been provided, as	16936
required by this section;	16937

(b) The nursing facility denies a person attempting to	16938
provide a long-term care consultation access to the facility or a	16939
resident of the facility;	16940

(c) The nursing facility denies the department of aging or	16941
program administrator access to the facility or a resident of the	16942
facility, as the department or administrator considers necessary	16943
to administer the program.	16944

(2) In accordance with section 5111.62 of the Revised Code,	16945
all fines collected under division (N)(1) of this section shall be	16946
deposited into the state treasury to the credit of the residents	16947
protection fund.	16948

Sec. 173.45. As used in this section and in sections 173.46	16949
to 173.49 of the Revised Code:	16950

(A) "Adult care facility" has the same meaning as in section	16951
5119.70 of the Revised Code.	16952

(B) "Community-based long-term care services" has the same	16953
meaning as in section 173.14 of the Revised Code.	16954

(C) "Long-term care facility" means a nursing home or	16955
residential care facility.	16956

~~(B)~~(D) "Nursing home" and "residential care facility" have	16957
the same meanings as in section 3721.01 of the Revised Code.	16958

~~(C)~~(E) "Nursing facility" has the same meaning as in section	16959
5111.20 of the Revised Code.	16960

Sec. 173.46. (A) The department of aging shall develop and	16961
publish a guide to long-term care facilities for use by	16962
individuals considering long-term care facility admission and	16963
their families, friends, and advisors. The guide, which shall be	16964
titled the Ohio long-term care consumer guide, may be published in	16965
printed form or in electronic form for distribution over the	16966
internet. The guide may be developed as a continuation or	16967
modification of the guide published by the department prior to ~~the~~	16968
~~effective date of this section~~September 29, 2005, under rules	16969
adopted under section 173.02 of the Revised Code.	16970

(B) The Ohio long-term care consumer guide shall include	16971
information on each long-term care facility in this state. For	16972
each facility, the guide shall include the following information,	16973
as applicable to the facility:	16974

(1) Information regarding the facility's compliance with	16975
state statutes and rules and federal statutes and regulations;	16976

(2) Information generated by the centers for medicare and	16977
medicaid services of the United States department of health and	16978
human services from the quality measures developed as part of its	16979
nursing home quality initiative;	16980

(3) Results of the customer satisfaction surveys conducted	16981
under section 173.47 of the Revised Code;	16982

(4) Any other information the department specifies in rules	16983
adopted under section 173.49 of the Revised Code.	16984

(C) The Ohio long-term care consumer guide may include	16985
information on adult care facilities and providers of	16986
community-based long-term care services. The department may adopt	16987
rules under section 173.49 of the Revised Code to specify the	16988
information to be included in the guide pursuant to this division.	16989

Sec. 173.47. (A) For purposes of publishing the Ohio	16990
long-term care consumer guide, the department of aging shall	16991
conduct or provide for the conduct of an annual customer	16992
satisfaction survey of each long-term care facility. The results	16993
of the surveys may include information obtained from long-term	16994
care facility residents, their families, or both.	16995

(B)~~(1) The department may charge fees for the conduct of~~	16996
~~annual customer satisfaction surveys. The department may contract~~	16997
~~with any person or government entity to collect the fees on its~~	16998
~~behalf. All fees collected under this section shall be deposited~~	16999
~~in accordance with section 173.48 of the Revised Code.~~	17000

~~(2) The fees charged under this section shall not exceed the~~	17001
~~following amounts:~~	17002

~~(a) Four hundred dollars for the customer satisfaction survey~~	17003
~~of a long-term care facility that is a nursing home;~~	17004

~~(b) Three hundred dollars for the customer satisfaction~~	17005
~~survey pertaining to a long-term care facility that is a~~	17006
~~residential care facility.~~	17007

~~(3) Fees paid by a long-term care facility that is a nursing~~	17008
~~facility shall be reimbursed through the medicaid program operated~~	17009
~~under Chapter 5111. of the Revised Code.~~	17010

~~(C)~~ Each long-term care facility shall cooperate in the	17011
conduct of its annual customer satisfaction survey.	17012

Sec. 173.48. (A)(1) The department of aging may charge annual	17013
fees to long-term care facilities for the publication of the Ohio	17014
long-term care consumer guide. The department may contract with	17015
any person or government entity to collect the fees on its behalf.	17016
All fees collected under this section shall be deposited in	17017
accordance with division (B) of this section.	17018

(2) The annual fees charged under this section shall not	17019
exceed the following amounts:	17020

(a) Four hundred dollars for each long-term care facility	17021
that is a nursing home;	17022

(b) Three hundred dollars for each long-term care facility	17023
that is a residential care facility.	17024

(3) Fees paid by a long-term care facility that is a nursing	17025
facility shall be reimbursed through the medicaid program operated	17026
under Chapter 5111. of the Revised Code.	17027

(B) There is hereby created in the state treasury the	17028
long-term care consumer guide fund. Money collected from the fees	17029
charged for the ~~conduct of customer satisfaction surveys~~	17030
publication of the Ohio long-term care consumer guide under	17031
division (A) of this section ~~173.47 of the Revised Code~~ shall be	17032
credited to the fund. The department ~~of aging~~ shall use money in	17033
the fund for costs associated with publishing the Ohio long-term	17034
care consumer guide, including, but not limited to, costs incurred	17035
in conducting or providing for the conduct of customer	17036
satisfaction surveys.	17037

Sec. 173.501. (A) As used in this section:

17038

"Nursing facility" has the same meaning as in section 5111.20	17039
of the Revised Code.	17040

"PACE provider" has the same meaning as in 42 U.S.C.	17041
1396u-4(a)(3).	17042

(B) The department of aging shall establish a home first	17043
component of the PACE program under which eligible individuals may	17044
be enrolled in the PACE program in accordance with this section.	17045
An individual is eligible for the PACE program's home first	17046
component if ~~all~~both of the following apply:	17047

(1) The individual ishas been determined to be eligible for	17048
the PACE program.	17049

(2) ~~The individual is on the unified waiting list established~~	17050
~~under section 173.404 of the Revised Code.~~	17051

~~(3)~~ At least one of the following applies:

17052

(a) The individual has been admitted to a nursing facility.

17053

(b) A physician has determined and documented in writing that	17054
the individual has a medical condition that, unless the individual	17055
is enrolled in home and community-based services such as the PACE	17056
program, will require the individual to be admitted to a nursing	17057
facility within thirty days of the physician's determination.	17058

(c) The individual has been hospitalized and a physician has	17059
determined and documented in writing that, unless the individual	17060
is enrolled in home and community-based services such as the PACE	17061
program, the individual is to be transported directly from the	17062
hospital to a nursing facility and admitted.	17063

(d) Both of the following apply:

17064

(i) The individual is the subject of a report made under	17065
section 5101.61 of the Revised Code regarding abuse, neglect, or	17066
exploitation or such a report referred to a county department of	17067
job and family services under section 5126.31 of the Revised Code	17068
or has made a request to a county department for protective	17069
services as defined in section 5101.60 of the Revised Code.	17070

(ii) A county department of job and family services and an	17071
area agency on aging have jointly documented in writing that,	17072
unless the individual is enrolled in home and community-based	17073
services such as the PACE program, the individual should be	17074
admitted to a nursing facility.	17075

(C) Each month, the department of aging shall identify	17076
individuals who are eligible for the home first component of the	17077
PACE program. When the department identifies such an individual,	17078
the department shall notify the PACE provider serving the area in	17079
which the individual resides. The PACE provider shall determine	17080
whether the PACE program is appropriate for the individual and	17081
whether the individual would rather participate in the PACE	17082
program than continue or begin to reside in a nursing facility. If	17083
the PACE provider determines that the PACE program is appropriate	17084
for the individual and the individual would rather participate in	17085
the PACE program than continue or begin to reside in a nursing	17086
facility, the PACE provider shall so notify the department of	17087
aging. On receipt of the notice from the PACE provider, the	17088
department of aging shall approve the individual's enrollment in	17089
the PACE program in accordance with priorities established in	17090
rules adopted under section 173.50 of the Revised Code.	17091

~~(D) Each quarter, the department of aging shall certify to~~	17092
~~the director of budget and management the estimated increase in~~	17093
~~costs of the PACE program resulting from enrollment of individuals~~	17094
~~in the PACE program pursuant to this section.~~	17095

Sec. 183.30. ~~(A) Except as provided in division (C) of this~~	17096
~~section, no more than five per cent of the total disbursements,~~	17097
~~encumbrances, and obligations of the southern Ohio agricultural~~	17098
~~and community development foundation in a fiscal year shall be for~~	17099
~~administrative expenses of the foundation in the same fiscal year.~~	17100

~~(B) Except as provided in division (C) of this section, no~~	17101
~~more than five per cent of the total disbursements, encumbrances,~~	17102
~~and obligations of the biomedical research and technology transfer~~	17103
~~trust fund in a fiscal year shall be for expenses relating to the~~	17104
~~administration of the trust fund by the third frontier commission~~	17105
~~in the same fiscal year.~~	17106

~~(C) This section's five per cent limitation on administrative~~	17107
~~expenses does not apply to any fiscal year for which the~~	17108
~~controlling board approves a spending plan that the foundation~~ or	17109
~~commission~~ submits to the board.	17110

Payments may be made from the biomedical research and	17111
technology transfer trust fund for third frontier commission	17112
expenses related to the administration of awards made from the	17113
fund prior to the effective date of this section. No such payments	17114
shall be made after June 30, 2013.	17115

Sec. 183.51. (A) As used in this section and in the	17116
applicable bond proceedings unless otherwise provided:	17117

(1) "Bond proceedings" means the resolutions, orders,	17118
indentures, purchase and sale and trust and other agreements	17119
including any amendments or supplements to them, and credit	17120
enhancement facilities, and amendments and supplements to them, or	17121
any one or more or combination of them, authorizing, awarding, or	17122
providing for the terms and conditions applicable to or providing	17123
for the security or liquidity of, the particular obligations, and	17124
the provisions contained in those obligations.	17125

(2) "Bond service fund" means the bond service fund created	17126
in the bond proceedings for the obligations.	17127

(3) "Capital facilities" means, as applicable, capital	17128
facilities or projects as referred to in section 151.03 or 151.04	17129
of the Revised Code.	17130

(4) "Consent decree" means the consent decree and final	17131
judgment entered November 25, 1998, in the court of common pleas	17132
of Franklin county, Ohio, as the same may be amended or	17133
supplemented from time to time.	17134

(5) "Cost of capital facilities" has the same meaning as in	17135
section 151.01 of the Revised Code, as applicable.	17136

(6) "Credit enhancement facilities," "financing costs," and	17137
"interest" or "interest equivalent" have the same meanings as in	17138
section 133.01 of the Revised Code.	17139

(7) "Debt service" means principal, including any mandatory	17140
sinking fund or redemption requirements for retirement of	17141
obligations, interest and other accreted amounts, interest	17142
equivalent, and any redemption premium, payable on obligations. If	17143
not prohibited by the applicable bond proceedings, "debt service"	17144
may include costs relating to credit enhancement facilities that	17145
are related to and represent, or are intended to provide a source	17146
of payment of or limitation on, other debt service.	17147

(8) "Improvement fund" means, as applicable, the school	17148
building program assistance fund created in section 3318.25 of the	17149
Revised Code and the higher education improvement fund created in	17150
section 154.21 of the Revised Code.	17151

(9) "Issuing authority" means the buckeye tobacco settlement	17152
financing authority created in section 183.52 of the Revised Code.	17153

(10) "Net proceeds" means amounts received from the sale of	17154
obligations, excluding amounts used to refund or retire	17155
outstanding obligations, amounts required to be deposited into	17156
special funds pursuant to the applicable bond proceedings, and	17157
amounts to be used to pay financing costs.	17158

(11) "Obligations" means bonds, notes, or other evidences of	17159
obligation of the issuing authority, including any appertaining	17160
interest coupons, issued by the issuing authority under this	17161
section and Section 2i of Article VIII, Ohio Constitution, for the	17162
purpose of providing funds to the state, in exchange for the	17163
assignment and sale described in division (B) of this section, for	17164
the purpose of paying costs of capital facilities for: (a) housing	17165
branches and agencies of state government limited to facilities	17166
for a system of common schools throughout the state and (b)	17167
state-supported or state-assisted institutions of higher	17168
education.	17169

(12) "Pledged receipts" means, as and to the extent provided	17170
for in the applicable bond proceedings:	17171

(a) Pledged tobacco settlement receipts;

17172

(b) Accrued interest received from the sale of obligations;

17173

17174

(d) Additional or any other specific revenues or receipts	17175
lawfully available to be pledged, and pledged, pursuant to the	17176
bond proceedings, including but not limited to amounts received	17177
under credit enhancement facilities, to the payment of debt	17178
service.	17179

(13) "Pledged tobacco settlement receipts" means all amounts	17180
received by the issuing authority pursuant to division (B) of this	17181
section.	17182

(14) "Principal amount" means the aggregate of the amount as	17183
stated or provided for in the applicable bond proceedings as the	17184
amount on which interest or interest equivalent on particular	17185
obligations is initially calculated. "Principal amount" does not	17186
include any premium paid to the issuing authority by the initial	17187
purchaser of the obligations. "Principal amount" of a capital	17188
appreciation bond, as defined in division (C) of section 3334.01	17189
of the Revised Code, means its original face amount and not its	17190
accreted value, and "principal amount" of a zero coupon bond, as	17191
defined in division (J) of section 3334.01 of the Revised Code,	17192
means the discounted offering price at which the bond is initially	17193
sold to the public, disregarding any purchase price discount to	17194
the original purchaser, if provided in or for pursuant to the bond	17195
proceedings.	17196

(15) "Special funds" or "funds," unless the context indicates	17197
otherwise, means the bond service fund, and any other funds,	17198
including any reserve funds, created under the bond proceedings	17199
and stated to be special funds in those proceedings, including	17200
moneys and investments, and earnings from investments, credited	17201
and to be credited to the particular fund. "Special funds" does	17202
not include any improvement fund or investment earnings on amounts	17203
in any improvement fund, or other funds created by the bond	17204
proceedings that are not stated by those proceedings to be special	17205
funds.	17206

(B) The state may assign and sell to the issuing authority,	17207
and the issuing authority may accept and purchase, all or a	17208
portion of the amounts to be received by the state under the	17209
tobacco master settlement agreement for a purchase price payable	17210
by the issuing authority to the state consisting of the net	17211
proceeds of obligations and any residual interest, if any. Any	17212
such assignment and sale shall be irrevocable in accordance with	17213
its terms during the period any obligations secured by amounts so	17214
assigned and sold are outstanding under the applicable bond	17215
proceedings, and shall constitute a contractual obligation to the	17216
holders or owners of those obligations. Any such assignment and	17217
sale shall also be treated as an absolute transfer and true sale	17218
for all purposes, and not as a pledge or other security interest.	17219
The characterization of any such assignment and sale as a true	17220
sale and absolute transfer shall not be negated or adversely	17221
affected by only a portion of the amounts to be received under the	17222
tobacco master settlement agreement being transferred, the	17223
acquisition or retention by the state of a residual interest, the	17224
participation of any state officer or employee as a member or	17225
officer of, or providing staff support to, the issuing authority,	17226
any responsibility of an officer or employee of the state for	17227
collecting the amounts to be received under the tobacco master	17228
settlement agreement or otherwise enforcing that agreement or	17229
retaining any legal title to or interest in any portion of the	17230
amounts to be received under that agreement for the purpose of	17231
these collection activities, any characterization of the issuing	17232
authority or its obligations for purposes of accounting, taxation,	17233
or securities regulation, or by any other factors whatsoever. A	17234
true sale shall exist under this section regardless of whether the	17235
issuing authority has any recourse against the state or any other	17236
term of the bond proceedings or the treatment or characterization	17237
of the transfer as a financing for any purpose. Upon and following	17238
the assignment and sale, the state shall not have any right,	17239
title, or interest in the portion of the receipts under the	17240
tobacco master settlement agreement so assigned and sold, other	17241
than any residual interest that may be described in the applicable	17242
bond proceedings for those obligations, and that portion, if any,	17243
shall be the property of the issuing authority and not of the	17244
state, and shall be paid directly to the issuing authority, and	17245
shall be owned, received, held, and disbursed by the issuing	17246
authority and not by the state.	17247

The state may covenant, pledge, and agree in the bond	17248
proceedings, with and for the benefit of the issuing authority,	17249
the holders and owners of obligations, and providers of any credit	17250
enhancement facilities, that it shall: (1) maintain statutory	17251
authority for, and cause to be collected and paid directly to the	17252
issuing authority or its assignee, the pledged receipts, (2)	17253
enforce the rights of the issuing authority to receive the	17254
receipts under the tobacco master settlement agreement assigned	17255
and sold to the issuing authority, (3) not materially impair the	17256
rights of the issuing authority to fulfill the terms of its	17257
agreements with the holders or owners of outstanding obligations	17258
under the bond proceedings, (4) not materially impair the rights	17259
and remedies of the holders or owners of outstanding obligations	17260
or materially impair the security for those outstanding	17261
obligations, and (5) enforce Chapter 1346. of the Revised Code,	17262
the tobacco master settlement agreement, and the consent decree to	17263
effectuate the collection of the pledged tobacco settlement	17264
receipts. The bond proceedings may provide or authorize the manner	17265
for determining material impairment of the security for any	17266
outstanding obligations, including by assessing and evaluating the	17267
pledged receipts in the aggregate.	17268

As further provided for in division (H) of this section, the	17269
bond proceedings may also include such other covenants, pledges,	17270
and agreements by the state to protect and safeguard the security	17271
and rights of the holders and owners of the obligations, and of	17272
the providers of any credit enhancement facilities, including,	17273
without limiting the generality of the foregoing, any covenant,	17274
pledge, or agreement customary in transactions involving the	17275
issuance of securities the debt service on which is payable from	17276
or secured by amounts received under the tobacco master settlement	17277
agreement. Notwithstanding any other provision of law, any	17278
covenant, pledge, and agreement of the state, if and when made in	17279
the bond proceedings, shall be controlling and binding upon, and	17280
enforceable against the state in accordance with its terms for so	17281
long as any obligations are outstanding under the applicable bond	17282
proceedings. The bond proceedings may also include limitations on	17283
the remedies available to the issuing authority, the holders and	17284
owners of the obligations, and the providers of any credit	17285
enhancement facilities, including, without limiting the generality	17286
of the foregoing, a provision that those remedies may be limited	17287
to injunctive relief in circumstances where there has been no	17288
prior determination by a court of competent jurisdiction that the	17289
state has not enforced Chapter 1346. of the Revised Code, the	17290
tobacco master settlement agreement, or the consent decree as may	17291
have been covenanted or agreed in the bond proceedings under	17292
division (B)(5) of this section.	17293

Nothing in this section or the bond proceedings shall	17294
preclude or limit, or be construed to preclude or limit, the state	17295
from regulating or authorizing or permitting the regulation of	17296
smoking or from taxing and regulating the sale of cigarettes or	17297
other tobacco products, or from defending or prosecuting cases or	17298
other actions relating to the sale or use of cigarettes or other	17299
tobacco products. Except as otherwise may be agreed in writing by	17300
the attorney general, nothing in this section or the bond	17301
proceedings shall modify or limit, or be construed to modify or	17302
limit, the responsibility, power, judgment, and discretion of the	17303
attorney general to protect and discharge the duties, rights, and	17304
obligations of the state under the tobacco master settlement	17305
agreement, the consent decree, or Chapter 1346. of the Revised	17306
Code.	17307

The governor and the director of budget and management, in	17308
consultation with the attorney general, on behalf of the state,	17309
and any member or officer of the issuing authority as authorized	17310
by that issuing authority, on behalf of the issuing authority, may	17311
take any action and execute any documents, including any purchase	17312
and sale agreements, necessary to effect the assignment and sale	17313
and the acceptance of the assignment and title to the receipts	17314
including, providing irrevocable direction to the escrow agent	17315
acting under the tobacco master settlement agreement to transfer	17316
directly to the issuing authority the amounts to be received under	17317
that agreement that are subject to such assignment and sale. Any	17318
purchase and sale agreement or other bond proceedings may contain	17319
the terms and conditions established by the state and the issuing	17320
authority to carry out and effectuate the purposes of this	17321
section, including, without limitation, covenants binding the	17322
state in favor of the issuing authority and its assignees and the	17323
owners of the obligations. Any such purchase and sale agreement	17324
shall be sufficient to effectuate such purchase and sale without	17325
regard to any other laws governing other property sales or	17326
financial transactions by the state.	17327

Not later than two years following the date on which there	17328
are no longer any obligations outstanding under the bond	17329
proceedings, all assets of the issuing authority shall vest in the	17330
state, the issuing authority shall execute any necessary	17331
assignments or instruments, including any assignment of any right,	17332
title, or ownership to the state for receipt of amounts under the	17333
tobacco master settlement agreement, and the issuing authority	17334
shall be dissolved.	17335

(C) The issuing authority is authorized to issue and to sell	17336
obligations as provided in this section. The aggregate principal	17337
amount of obligations issued under this section shall not exceed	17338
six billion dollars, exclusive of obligations issued under	17339
division (M)(1) of this section to refund, renew, or advance	17340
refund other obligations issued or incurred. At least seventy-five	17341
per cent of the aggregate net proceeds of the obligations issued	17342
under the authority of this section, exclusive of obligations	17343
issued to refund, renew, or advance refund other obligations,	17344
shall be paid to the state for deposit into the school building	17345
program assistance fund created in section 3318.25 of the Revised	17346
Code.	17347

(D) Each issue of obligations shall be authorized by	17348
resolution or order of the issuing authority. The bond proceedings	17349
shall provide for or authorize the manner for determining the	17350
principal amount or maximum principal amount of obligations of an	17351
issue, the principal maturity or maturities, the interest rate or	17352
rates, the date of and the dates of payment of interest on the	17353
obligations, their denominations, and the place or places of	17354
payment of debt service which may be within or outside the state.	17355
Unless otherwise provided by law, the latest principal maturity	17356
may not be later than the earlier of the thirty-first day of	17357
December of the fiftieth calendar year after the year of issuance	17358
of the particular obligations or of the fiftieth calendar year	17359
after the year in which the original obligation to pay was issued	17360
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of	17361
the Revised Code apply to the obligations.	17362

The purpose of the obligations may be stated in the bond	17363
proceedings in general terms, such as, as applicable, "paying	17364
costs of capital facilities for a system of common schools" and	17365
"paying costs of facilities for state-supported and state-assisted	17366
institutions of higher education." Unless otherwise provided in	17367
the bond proceedings or in division (C) of this section, the net	17368
proceeds from the issuance of the obligations shall be paid to the	17369
state for deposit into the applicable improvement fund. In	17370
addition to the investments authorized in Chapter 135. of the	17371
Revised Code, the net proceeds held in an improvement fund may be	17372
invested by the treasurer of state in guaranteed investment	17373
contracts with providers rated at the time of any investment in	17374
the three highest rating categories by two nationally recognized	17375
rating agencies, all subject to the terms and conditions set forth	17376
in those agreements or the bond proceedings. Notwithstanding	17377
~~division (B)(4) of section 3318.38~~anything to the contrary in	17378
Chapter 3318. of the Revised Code, net proceeds of obligations	17379
deposited into the school building program assistance fund created	17380
in section 3318.25 of the Revised Code may be used to pay basic	17381
project costs under ~~section 3318.38 of the Revised Code~~that	17382
chapter at the times determined by the Ohio school facilities	17383
commission without regard to whether those expenditures are in	17384
proportion to the state's and the school district's respective	17385
shares of that basic project cost; provided that this shall not	17386
result in any change in the state or school district shares of the	17387
basic project costs ~~provided under Chapter 3318. of the Revised~~	17388
~~Code~~as determined under that chapter. As used in the preceding	17389
sentence, "Ohio school facilities commission" and "basic project	17390
costs" have the same meanings as in section 3318.01 of the Revised	17391
Code.	17392

(E) The issuing authority may, without need for any other	17393
approval, appoint or provide for the appointment of paying agents,	17394
bond registrars, securities depositories, credit enhancement	17395
providers or counterparties, clearing corporations, and transfer	17396
agents, and retain or contract for the services of underwriters,	17397
investment bankers, financial advisers, accounting experts,	17398
marketing, remarketing, indexing, and administrative agents, other	17399
consultants, and independent contractors, including printing	17400
services, as are necessary in the judgment of the issuing	17401
authority to carry out the issuing authority's functions under	17402
this section and section 183.52 of the Revised Code. The attorney	17403
general as counsel to the issuing authority shall represent the	17404
authority in the execution of its powers and duties, and shall	17405
institute and prosecute all actions on its behalf. The issuing	17406
authority, in consultation with the attorney general, shall select	17407
counsel, and the attorney general shall appoint the counsel	17408
selected, for the purposes of carrying out the functions under	17409
this section and related sections of the Revised Code. Financing	17410
costs are payable, as may be provided in the bond proceedings,	17411
from the proceeds of the obligations, from special funds, or from	17412
other moneys available for the purpose, including as to future	17413
financing costs, from the pledged receipts.	17414

(F) The issuing authority may irrevocably pledge and assign	17415
all, or such portion as the issuing authority determines, of the	17416
pledged receipts to the payment of the debt service charges on	17417
obligations issued under this section, and for the establishment	17418
and maintenance of any reserves, as provided in the bond	17419
proceedings, and make other provisions in the bond proceedings	17420
with respect to pledged receipts as authorized by this section,	17421
which provisions are controlling notwithstanding any other	17422
provisions of law pertaining to them. Any and all pledged receipts	17423
received by the issuing authority and required by the bond	17424
proceedings, consistent with this section, to be deposited,	17425
transferred, or credited to the bond service fund, and all other	17426
money transferred or allocated to or received for the purposes of	17427
that fund, shall be deposited and credited to the bond service	17428
fund created in the bond proceedings for the obligations, subject	17429
to any applicable provisions of those bond proceedings, but	17430
without necessity for any act of appropriation. Those pledged	17431
receipts shall immediately be subject to the lien of that pledge	17432
without any physical delivery thereof or further act, and shall	17433
not be subject to other court judgments. The lien of the pledge of	17434
those pledged receipts shall be valid and binding against all	17435
parties having claims of any kind against the issuing authority,	17436
irrespective of whether those parties have notice thereof. The	17437
pledge shall create a perfected security interest for all purposes	17438
of Chapter 1309. of the Revised Code and a perfected lien for	17439
purposes of any other interest, all without the necessity for	17440
separation or delivery of funds or for the filing or recording of	17441
the applicable bond proceedings by which that pledge is created or	17442
any certificate, statement, or other document with respect	17443
thereto. The pledge of the pledged receipts shall be effective and	17444
the money therefrom and thereof may be applied to the purposes for	17445
which pledged.	17446

(G) Obligations may be further secured, as determined by the	17447
issuing authority, by an indenture or a trust agreement between	17448
the issuing authority and a corporate trustee, which may be any	17449
trust company or bank having a place of business within the state.	17450
Any indenture or trust agreement may contain the resolution or	17451
order authorizing the issuance of the obligations, any provisions	17452
that may be contained in any bond proceedings, and other	17453
provisions that are customary or appropriate in an agreement of	17454
that type, including, but not limited to:	17455

(1) Maintenance of each pledge, indenture, trust agreement,	17456
or other instrument comprising part of the bond proceedings until	17457
the issuing authority has fully paid or provided for the payment	17458
of debt service on the obligations secured by it;	17459

(2) In the event of default in any payments required to be	17460
made by the bond proceedings, enforcement of those payments or	17461
agreements by mandamus, the appointment of a receiver, suit in	17462
equity, action at law, or any combination of them;	17463

(3) The rights and remedies of the holders or owners of	17464
obligations and of the trustee and provisions for protecting and	17465
enforcing them, including limitations on rights of individual	17466
holders and owners.	17467

(H) The bond proceedings may contain additional provisions	17468
customary or appropriate to the financing or to the obligations or	17469
to particular obligations including, but not limited to,	17470
provisions for:	17471

(1) The redemption of obligations prior to maturity at the	17472
option of the issuing authority or of the holder or upon the	17473
occurrence of certain conditions, and at a particular price or	17474
prices and under particular terms and conditions;	17475

(2) The form of and other terms of the obligations;

17476

(3) The establishment, deposit, investment, and application	17477
of special funds, and the safeguarding of moneys on hand or on	17478
deposit, in lieu of the applicability of provisions of Chapter	17479
131. or 135. of the Revised Code, but subject to any special	17480
provisions of this section with respect to the application of	17481
particular funds or moneys. Any financial institution that acts as	17482
a depository of any moneys in special funds or other funds under	17483
the bond proceedings may furnish indemnifying bonds or pledge	17484
securities as required by the issuing authority.	17485

(4) Any or every provision of the bond proceedings being	17486
binding upon the issuing authority and upon such governmental	17487
agency or entity, officer, board, authority, agency, department,	17488
institution, district, or other person or body as may from time to	17489
time be authorized to take actions as may be necessary to perform	17490
all or any part of the duty required by the provision;	17491

(5) The maintenance of each pledge or instrument comprising	17492
part of the bond proceedings until the issuing authority has fully	17493
paid or provided for the payment of the debt service on the	17494
obligations or met other stated conditions;	17495

(6) In the event of default in any payments required to be	17496
made by the bond proceedings, or by any other agreement of the	17497
issuing authority made as part of a contract under which the	17498
obligations were issued or secured, including a credit enhancement	17499
facility, the enforcement of those payments by mandamus, a suit in	17500
equity, an action at law, or any combination of those remedial	17501
actions;	17502

(7) The rights and remedies of the holders or owners of	17503
obligations or of book-entry interests in them, and of third	17504
parties under any credit enhancement facility, and provisions for	17505
protecting and enforcing those rights and remedies, including	17506
limitations on rights of individual holders or owners;	17507

(8) The replacement of mutilated, destroyed, lost, or stolen	17508
obligations;	17509

(9) The funding, refunding, or advance refunding, or other	17510
provision for payment, of obligations that will then no longer be	17511
outstanding for purposes of this section or of the applicable bond	17512
proceedings;	17513

(10) Amendment of the bond proceedings;

17514

(11) Any other or additional agreements with the owners of	17515
obligations, and such other provisions as the issuing authority	17516
determines, including limitations, conditions, or qualifications,	17517
relating to any of the foregoing or the activities of the issuing	17518
authority in connection therewith.	17519

The bond proceedings shall make provision for the payment of	17520
the expenses of the enforcement activity of the attorney general	17521
referred to in division (B) of this section from the amounts from	17522
the tobacco master settlement agreement assigned and sold to the	17523
issuing authority under that division or from the proceeds of	17524
obligations, or a combination thereof, which may include provision	17525
for both annual payments and a special fund providing reserve	17526
amounts for the payment of those expenses.	17527

The issuing authority shall not, and shall covenant in the	17528
bond proceedings that it shall not, be authorized to and shall not	17529
file a voluntary petition under the United States Bankruptcy Code,	17530
11 U.S.C. 101 et seq., as amended, or voluntarily commence any	17531
similar bankruptcy proceeding under state law including, without	17532
limitation, consenting to the appointment of a receiver or trustee	17533
or making a general or specific assignment for the benefit of	17534
creditors, and neither any public officer or any organization,	17535
entity, or other person shall authorize the issuing authority to	17536
be or become a debtor under the United States Bankruptcy Code or	17537
take any of those actions under the United States Bankruptcy Code	17538
or state law. The state hereby covenants, and the issuing	17539
authority shall covenant, with the holders or owners of the	17540
obligations, that the state shall not permit the issuing authority	17541
to file a voluntary petition under the United States Bankruptcy	17542
Code or take any of those actions under the United States	17543
Bankruptcy Code or state law during the period obligations are	17544
outstanding and for any additional period for which the issuing	17545
authority covenants in the bond proceedings, which additional	17546
period may, but need not, be a period of three hundred sixty-seven	17547
days or more.	17548

(I) The obligations requiring execution by or for the issuing	17549
authority shall be signed as provided in the bond proceedings, and	17550
may bear the official seal of the issuing authority or a facsimile	17551
thereof. Any obligation may be signed by the individual who, on	17552
the date of execution, is the authorized signer even though, on	17553
the date of the obligations, that individual is not an authorized	17554
signer. In case the individual whose signature or facsimile	17555
signature appears on any obligation ceases to be an authorized	17556
signer before delivery of the obligation, that signature or	17557
facsimile is nevertheless valid and sufficient for all purposes as	17558
if that individual had remained the authorized signer until	17559
delivery.	17560

(J) Obligations are investment securities under Chapter 1308.	17561
of the Revised Code. Obligations may be issued in bearer or in	17562
registered form, registrable as to principal alone or as to both	17563
principal and interest, or both, or in certificated or	17564
uncertificated form, as the issuing authority determines.	17565
Provision may be made for the exchange, conversion, or transfer of	17566
obligations and for reasonable charges for registration, exchange,	17567
conversion, and transfer. Pending preparation of final	17568
obligations, the issuing authority may provide for the issuance of	17569
interim instruments to be exchanged for the final obligations.	17570

(K) Obligations may be sold at public sale or at private	17571
sale, in such manner, and at such price at, above, or below par,	17572
all as determined by and provided by the issuing authority in the	17573
bond proceedings.	17574

(L) Except to the extent that rights are restricted by the	17575
bond proceedings, any owner of obligations or provider of or	17576
counterparty to a credit enhancement facility may by any suitable	17577
form of legal proceedings protect and enforce any rights relating	17578
to obligations or that facility under the laws of this state or	17579
granted by the bond proceedings. Those rights include the right to	17580
compel the performance of all applicable duties of the issuing	17581
authority and the state. Each duty of the issuing authority and	17582
that issuing authority's officers, staff, and employees, and of	17583
each state entity or agency, or using district or using	17584
institution, and its officers, members, staff, or employees,	17585
undertaken pursuant to the bond proceedings, is hereby established	17586
as a duty of the entity or individual having authority to perform	17587
that duty, specifically enjoined by law and resulting from an	17588
office, trust, or station within the meaning of section 2731.01 of	17589
the Revised Code. The individuals who are from time to time	17590
members of the issuing authority, or their designees acting	17591
pursuant to section 183.52 of the Revised Code, or the issuing	17592
authority's officers, staff, agents, or employees, when acting	17593
within the scope of their employment or agency, shall not be	17594
liable in their personal capacities on any obligations or	17595
otherwise under the bond proceedings, or for otherwise exercising	17596
or carrying out any purposes or powers of the issuing authority.	17597

(M)(1) Subject to any applicable limitations in division (C)	17598
of this section, the issuing authority may also authorize and	17599
provide for the issuance of:	17600

(a) Obligations in the form of bond anticipation notes, and	17601
may authorize and provide for the renewal of those notes from time	17602
to time by the issuance of new notes. The holders of notes or	17603
appertaining interest coupons have the right to have debt service	17604
on those notes paid solely from the moneys and special funds, and	17605
all or any portion of the pledged receipts, that are or may be	17606
pledged to that payment, including the proceeds of bonds or	17607
renewal notes or both, as the issuing authority provides in the	17608
bond proceedings authorizing the notes. Notes may be additionally	17609
secured by covenants of the issuing authority to the effect that	17610
the issuing authority will do all things necessary for the	17611
issuance of bonds or renewal notes in such principal amount and	17612
upon such terms as may be necessary to provide moneys to pay when	17613
due the debt service on the notes, and apply their proceeds to the	17614
extent necessary, to make full and timely payment of debt service	17615
on the notes as provided in the applicable bond proceedings. In	17616
the bond proceedings authorizing the issuance of bond anticipation	17617
notes the issuing authority shall set forth for the bonds	17618
anticipated an estimated schedule of annual principal payments the	17619
latest of which shall be no later than provided in division (D) of	17620
this section. While the notes are outstanding there shall be	17621
deposited, as shall be provided in the bond proceedings for those	17622
notes, from the sources authorized for payment of debt service on	17623
the bonds, amounts sufficient to pay the principal of the bonds	17624
anticipated as set forth in that estimated schedule during the	17625
time the notes are outstanding, which amounts shall be used solely	17626
to pay the principal of those notes or of the bonds anticipated.	17627

(b) Obligations for the refunding, including funding and	17628
retirement, and advance refunding, with or without payment or	17629
redemption prior to maturity, of any obligations previously issued	17630
under this section and any bonds or notes previously issued for	17631
the purpose of paying costs of capital facilities for: (i)	17632
state-supported or state-assisted institutions of higher education	17633
as authorized by sections 151.01 and 151.04 of the Revised Code,	17634
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,	17635
and (ii) housing branches and agencies of state government limited	17636
to facilities for a system of common schools throughout the state	17637
as authorized by sections 151.01 and 151.03 of the Revised Code,	17638
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.	17639
Refunding obligations may be issued in amounts sufficient to pay	17640
or to provide for repayment of the principal amount, including	17641
principal amounts maturing prior to the redemption of the	17642
remaining prior obligations or bonds or notes, any redemption	17643
premium, and interest accrued or to accrue to the maturity or	17644
redemption date or dates, payable on the prior obligations or	17645
bonds or notes, and related financing costs and any expenses	17646
incurred or to be incurred in connection with that issuance and	17647
refunding. Subject to the applicable bond proceedings, the portion	17648
of the proceeds of the sale of refunding obligations issued under	17649
division (M)(1)(b) of this section to be applied to debt service	17650
on the prior obligations or bonds or notes shall be credited to an	17651
appropriate separate account in the bond service fund and held in	17652
trust for the purpose by the issuing authority or by a corporate	17653
trustee, and may be invested as provided in the bond proceedings.	17654
Obligations authorized under this division shall be considered to	17655
be issued for those purposes for which the prior obligations or	17656
bonds or notes were issued.	17657

(2) The principal amount of refunding, advance refunding, or	17658
renewal obligations issued pursuant to division (M) of this	17659
section shall be in addition to the amount authorized in division	17660
(C) of this section.	17661

(N) Obligations are lawful investments for banks, savings and	17662
loan associations, credit union share guaranty corporations, trust	17663
companies, trustees, fiduciaries, insurance companies, including	17664
domestic for life and domestic not for life, trustees or other	17665
officers having charge of sinking and bond retirement or other	17666
special funds of the state and political subdivisions and taxing	17667
districts of this state, notwithstanding any other provisions of	17668
the Revised Code or rules adopted pursuant to those provisions by	17669
any state agency with respect to investments by them, and are also	17670
acceptable as security for the repayment of the deposit of public	17671
moneys. The exemptions from taxation in Ohio as provided for in	17672
particular sections of the Ohio Constitution and section 5709.76	17673
of the Revised Code apply to the obligations.	17674

(O)(1) Unless otherwise provided or provided for in any	17675
applicable bond proceedings, moneys to the credit of or in a	17676
special fund shall be disbursed on the order of the issuing	17677
authority. No such order is required for the payment, from the	17678
bond service fund or other special fund, when due of debt service	17679
or required payments under credit enhancement facilities.	17680

(2) Payments received by the issuing authority under interest	17681
rate hedges entered into as credit enhancement facilities under	17682
this section shall be deposited as provided in the applicable bond	17683
proceedings.	17684

(P) The obligations shall not be general obligations of the	17685
state and the full faith and credit, revenue, and taxing power of	17686
the state shall not be pledged to the payment of debt service on	17687
them or to any guarantee of the payment of that debt service. The	17688
holders or owners of the obligations shall have no right to have	17689
any moneys obligated or pledged for the payment of debt service	17690
except as provided in this section and in the applicable bond	17691
proceedings. The rights of the holders and owners to payment of	17692
debt service are limited to all or that portion of the pledged	17693
receipts, and those special funds, pledged to the payment of debt	17694
service pursuant to the bond proceedings in accordance with this	17695
section, and each obligation shall bear on its face a statement to	17696
that effect.	17697

(Q) Each bond service fund is a trust fund and is hereby	17698
pledged to the payment of debt service on the applicable	17699
obligations. Payment of that debt service shall be made or	17700
provided for by the issuing authority in accordance with the bond	17701
proceedings without necessity for any act of appropriation. The	17702
bond proceedings may provide for the establishment of separate	17703
accounts in the bond service fund and for the application of those	17704
accounts only to debt service on specific obligations, and for	17705
other accounts in the bond service fund within the general	17706
purposes of that fund.	17707

(R) Subject to the bond proceedings pertaining to any	17708
obligations then outstanding in accordance with their terms, the	17709
issuing authority may in the bond proceedings pledge all, or such	17710
portion as the issuing authority determines, of the moneys in the	17711
bond service fund to the payment of debt service on particular	17712
obligations, and for the establishment and maintenance of any	17713
reserves for payment of particular debt service.	17714

(S)(1) Unless otherwise provided in any applicable bond	17715
proceedings, moneys to the credit of special funds may be invested	17716
by or on behalf of the issuing authority only in one or more of	17717
the following:	17718

(a) Notes, bonds, or other direct obligations of the United	17719
States or of any agency or instrumentality of the United States,	17720
or in no-front-end-load money market mutual funds consisting	17721
exclusively of those obligations, or in repurchase agreements,	17722
including those issued by any fiduciary, secured by those	17723
obligations, or in collective investment funds consisting	17724
exclusively of those obligations;	17725

(b) Obligations of this state or any political subdivision of	17726
this state;	17727

(c) Certificates of deposit of any national bank located in	17728
this state and any bank, as defined in section 1101.01 of the	17729
Revised Code, subject to inspection by the superintendent of	17730
financial institutions;	17731

(d) The treasurer of state's pooled investment program under	17732
section 135.45 of the Revised Code;	17733

(e) Other investment agreements or repurchase agreements that	17734
are consistent with the ratings on the obligations.	17735

(2) The income from investments referred to in division	17736
(S)(1) of this section shall be credited to special funds or	17737
otherwise as the issuing authority determines in the bond	17738
proceedings. Those investments may be sold or exchanged at times	17739
as the issuing authority determines, provides for, or authorizes.	17740

(T) The treasurer of state shall have responsibility for	17741
keeping records, making reports, and making payments, relating to	17742
any arbitrage rebate requirements under the applicable bond	17743
proceedings.	17744

(U) The issuing authority shall make quarterly reports to the	17745
general assembly of the amounts in, and activities of, each	17746
improvement fund, including amounts and activities on the subfund	17747
level. Each report shall include a detailed description and	17748
analysis of the amount of proceeds remaining in each fund from the	17749
sale of obligations pursuant to this section, and any other	17750
deposits, credits, interest earnings, disbursements, expenses,	17751
transfers, or activities of each fund.	17752

(V) The costs of the annual audit of the authority conducted	17753
pursuant to section 117.112 of the Revised Code are payable, as	17754
may be provided in the bond proceedings, from the proceeds of the	17755
obligations, from special funds, or from other moneys available	17756
for the purpose, including as to future financing costs, from the	17757
pledged receipts.	17758

Sec. 185.01. As used in this chapter:

17759

(A) "Advanced practice nurse" has the same meaning as in	17760
section 4723.01 of the Revised Code.	17761

(B) "Collaboration" has the same meaning as in section	17762
4723.01 of the Revised Code.	17763

(C) ~~"Health care coverage and quality council" means the~~	17764
~~entity established under section 3923.90 of the Revised Code.~~	17765

~~(D)~~ "Patient centered medical home education advisory group"	17766
means the entity established under section 185.03 of the Revised	17767
Code to implement and administer the patient centered medical home	17768
education pilot project.	17769

~~(E)~~(D) "Patient centered medical home education pilot	17770
project" means the pilot project established under section 185.02	17771
of the Revised Code.	17772

Sec. 185.03. (A) The patient centered medical home education	17773
advisory group is hereby created for the purpose of implementing	17774
and administering the patient centered medical home pilot project.	17775
The advisory group shall develop a set of expected outcomes for	17776
the pilot project.	17777

(B) The advisory group shall consist of the following voting	17778
members:	17779

(1) One individual with expertise in the training and	17780
education of primary care physicians who is appointed by the dean	17781
of the university of Toledo college of medicine;	17782

(2) One individual with expertise in the training and	17783
education of primary care physicians who is appointed by the dean	17784
of the Boonshoft school of medicine at Wright state university;	17785

(3) One individual with expertise in the training and	17786
education of primary care physicians who is appointed by the	17787
president and dean of the northeast Ohio medical university;	17788

(4) One individual with expertise in the training and	17789
education of primary care physicians who is appointed by the dean	17790
of the Ohio university college of osteopathic medicine;	17791

(5) Two individuals appointed by the governing board of the	17792
Ohio academy of family physicians;	17793

(6) One individual appointed by the governing board of the	17794
Ohio chapter of the American college of physicians;	17795

(7) One individual appointed by the governing board of the	17796
American academy of pediatrics;	17797

(8) One individual appointed by the governing board of the	17798
Ohio osteopathic association;	17799

(9) One individual with expertise in the training and	17800
education of advanced practice nurses who is appointed by the	17801
governing board of the Ohio council of deans and directors of	17802
baccalaureate and higher degree programs in nursing;	17803

(10) One individual appointed by the governing board of the	17804
Ohio nurses association;	17805

(11) One individual appointed by the governing board of the	17806
Ohio association of advanced practice nurses;	17807

(12) ~~A member of the health care coverage and quality~~	17808
~~council, other than the advisory group member specified in~~	17809
~~division (C)(2) of this section,~~One individual appointed by the	17810
governing board of the Ohio council for home care and hospice;	17811

(13) One individual appointed by the superintendent of	17812
insurance.	17813

(C) The advisory group shall consist of the following	17814
nonvoting, ex officio members:	17815

(1) The executive director of the state medical board, or the	17816
director's designee;	17817

(2) The executive director of the board of nursing or the	17818
director's designee;	17819

(3) The chancellor of the Ohio board of regents, or the	17820
chancellor's designee;	17821

(4) The individual within the department of job and family	17822
services who serves as the director of medicaid, or the director's	17823
designee;	17824

(5) The director of health or the director's designee.

17825

(D) Advisory group members who are appointed shall serve at	17826
the pleasure of their appointing authorities. Terms of office of	17827
appointed members shall be three years, except that a member's	17828
term ends if the pilot project ceases operation during the	17829
member's term.	17830

Vacancies shall be filled in the manner provided for original	17831
appointments.	17832

Members shall serve without compensation, except to the	17833
extent that serving on the advisory group is considered part of	17834
their regular employment duties.	17835

(E) The advisory group shall select from among its members a	17836
chairperson and vice-chairperson. The advisory group may select	17837
any other officers it considers necessary to conduct its business.	17838

A majority of the members of the advisory group constitutes a	17839
quorum for the transaction of official business. A majority of a	17840
quorum is necessary for the advisory group to take any action,	17841
except that when one or more members of a quorum are required to	17842
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)	17843
of section 185.05 of the Revised Code, the number of members	17844
necessary for a majority of a quorum shall be reduced accordingly.	17845

The advisory group shall meet as necessary to fulfill its	17846
duties. The times and places for the meetings shall be selected by	17847
the chairperson.	17848

(F) Sections 101.82 to 101.87 of the Revised Code do not	17849
apply to the advisory group.	17850

Sec. 185.06. (A) To be eligible for inclusion in the patient	17851
centered medical home education pilot project, a physician	17852
practice shall meet all of the following requirements:	17853

(1) Consist of physicians who are board-certified in family	17854
medicine, general pediatrics, or internal medicine, as those	17855
designations are issued by a medical specialty certifying board	17856
recognized by the American board of medical specialties or	17857
American osteopathic association;	17858

(2) Be capable of adapting the practice during the period in	17859
which the practice receives funding from the patient centered	17860
medical home education advisory group in such a manner that the	17861
practice is fully compliant with the minimum standards for	17862
operation of a patient centered medical home, as those standards	17863
are established by the advisory group;	17864

(3) ~~Comply with any reporting requirements recommended by the~~	17865
~~health care coverage and quality council under division (A)(12) of~~	17866
~~section 3923.91 of the Revised Code;~~	17867

~~(4)~~ Meet any other criteria established by the advisory group	17868
as part of the selection process.	17869

(B) To be eligible for inclusion in the pilot project, an	17870
advanced practice nurse primary care practice shall meet all of	17871
the following requirements:	17872

(1) Consist of advanced practice nurses who meet all of the	17873
following requirements:	17874

(a) Hold a certificate to prescribe issued under section	17875
4723.48 of the Revised Code;	17876

(b) Are board-certified as a family nurse practitioner or	17877
adult nurse practitioner by the American academy of nurse	17878
practitioners or American nurses credentialing center,	17879
board-certified as a geriatric nurse practitioner or women's	17880
health nurse practitioner by the American nurses credentialing	17881
center, or is board-certified as a pediatric nurse practitioner by	17882
the American nurses credentialing center or pediatric nursing	17883
certification board;	17884

(c) Has a collaboration agreement with a physician with board	17885
certification as specified in division (A)(1) of this section and	17886
who is an active participant on the health care team.	17887

(2) Be capable of adapting the primary care practice during	17888
the period in which the practice receives funding from the	17889
advisory group in such a manner that the practice is fully	17890
compliant with the minimum standards for operation of a patient	17891
centered medical home, as those standards are established by the	17892
advisory group;	17893

(3) ~~Comply with any reporting requirements recommended by the~~	17894
~~health care coverage and quality council under division (A)(12) of~~	17895
~~section 3923.91 of the Revised Code;~~	17896

~~(4)~~ Meet any other criteria established by the advisory group	17897
as part of the selection process.	17898

Sec. 185.10. The patient centered medical home education	17899
advisory group shall seek funding sources for the patient centered	17900
medical home education pilot project. In doing so, the advisory	17901
group may apply for grants, seek federal funds, seek private	17902
donations, or seek any other type of funding that may be available	17903
for the pilot project. ~~To ensure that appropriate sources of and~~	17904
~~opportunities for funding are identified and pursued, the advisory~~	17905
~~group may ask for assistance from the health care coverage and~~	17906
~~quality council.~~	17907

Sec. 301.02. Previous to the presentation of a petition to	17908
the general assembly praying that a new county be erected, or for	17909
the location or relocation of a county seat, notice of the	17910
intention to present such petition shall be given, at least thirty	17911
days before the ensuing session of the general assembly, by	17912
advertisement in a newspaper ~~published~~of general circulation in	17913
each county from which such new county is intended to be taken. If	17914
no ~~paper~~newspaper is ~~printed~~of general circulation within the	17915
county, notice shall be given by advertisement affixed to the door	17916
of the house where courts are held for such county, for such	17917
period of thirty days. The notice shall set forth the boundary	17918
lines of the new county, or the place where it is proposed to	17919
locate such county seat.	17920

Sec. 301.15. Within sixty days after their appointment, the	17921
commissioners provided for by section 301.14 of the Revised Code,	17922
or any two of them, shall assemble at some convenient place in the	17923
new county. Twenty days' notice of the time, place, and purpose of	17924
such meeting shall be given by publication in a newspaper	17925
~~published in and circulated~~of general circulation in ~~such~~the	17926
county, or by being posted in three of the most public places in	17927
such county. When assembled, after having taken the oath of office	17928
prescribed by sections 3.22 and 3.23 of the Revised Code, such	17929
commissioners shall proceed to examine and select the most proper	17930
place as a seat of justice, as near the center of the county as	17931
possible, having regard to the situation, extent of population,	17932
quality of land, and the convenience and interest of the	17933
inhabitants.	17934

Sec. 301.28. (A) As used in this section:

17935

(1) "Financial transaction device" includes a credit card,	17936
debit card, charge card, or prepaid or stored value card, or	17937
automated clearinghouse network credit, debit, or e-check entry	17938
that includes, but is not limited to, accounts receivable and	17939
internet-initiated, point of purchase, and telephone-initiated	17940
applications or any other device or method for making an	17941
electronic payment or transfer of funds.	17942

(2) "County expenses" includes fees, costs, taxes,	17943
assessments, fines, penalties, payments, or any other expense a	17944
person owes to a county office under the authority of a county	17945
official other than dog registration and kennel fees required to	17946
be paid under Chapter 955. of the Revised Code.	17947

(3) "County official" includes the county auditor, county	17948
treasurer, county engineer, county recorder, county prosecuting	17949
attorney, county sheriff, county coroner, county park district and	17950
board of county commissioners, the clerk of the probate court, the	17951
clerk of the juvenile court, the clerks of court for all divisions	17952
of the courts of common pleas, and the clerk of the court of	17953
common pleas, the clerk of a county-operated municipal court, and	17954
the clerk of a county court.	17955

The term "county expenses" includes county expenses owed to	17956
the board of health of the general health district or a combined	17957
health district in the county. If the board of county	17958
commissioners authorizes county expenses to be paid by financial	17959
transaction devices under this section, then the board of health	17960
and the general health district and the combined health district	17961
may accept payments by financial transaction devices under this	17962
section as if the board were a "county official" and the district	17963
were a county office. However, in the case of a general health	17964
district formed by unification of general health districts under	17965
section 3709.10 of the Revised Code, this entitlement applies only	17966
if all the boards of county commissioners of all counties in the	17967
district have authorized payments to be accepted by financial	17968
transaction devices.	17969

(B) Notwithstanding any other section of the Revised Code and	17970
except as provided in division (D) of this section, a board of	17971
county commissioners may adopt a resolution authorizing the	17972
acceptance of payments by financial transaction devices for county	17973
expenses. The resolution shall include the following:	17974

(1) A specification of those county officials who, and of the	17975
county offices under those county officials that, are authorized	17976
to accept payments by financial transaction devices;	17977

(2) A list of county expenses that may be paid for through	17978
the use of a financial transaction device;	17979

(3) Specific identification of financial transaction devices	17980
that the board authorizes as acceptable means of payment for	17981
county expenses. Uniform acceptance of financial transaction	17982
devices among different types of county expenses is not required.	17983

(4) The amount, if any, authorized as a surcharge or	17984
convenience fee under division (E) of this section for persons	17985
using a financial transaction device. Uniform application of	17986
surcharges or convenience fees among different types of county	17987
expenses is not required.	17988

(5) A specific provision as provided in division (G) of this	17989
section requiring the payment of a penalty if a payment made by	17990
means of a financial transaction device is returned or dishonored	17991
for any reason.	17992

The board's resolution shall also designate the county	17993
treasurer as an administrative agent to solicit proposals, within	17994
guidelines established by the board in the resolution and in	17995
compliance with the procedures provided in division (C) of this	17996
section, from financial institutions, issuers of financial	17997
transaction devices, and processors of financial transaction	17998
devices, to make recommendations about those proposals to the	17999
board, and to assist county offices in implementing the county's	18000
financial transaction devices program. The county treasurer may	18001
decline this responsibility within thirty days after receiving a	18002
copy of the board's resolution by notifying the board in writing	18003
within that period. If the treasurer so notifies the board, the	18004
board shall perform the duties of the administrative agent.	18005

If the county treasurer is the administrative agent and fails	18006
to administer the county financial transaction devices program in	18007
accordance with the guidelines in the board's resolution, the	18008
board shall notify the treasurer in writing of the board's	18009
findings, explain the failures, and give the treasurer six months	18010
to correct the failures. If the treasurer fails to make the	18011
appropriate corrections within that six-month period, the board	18012
may pass a resolution declaring the board to be the administrative	18013
agent. The board may later rescind that resolution at its	18014
discretion.	18015

(C) The county shall follow the procedures provided in this	18016
division whenever it plans to contract with financial	18017
institutions, issuers of financial transaction devices, or	18018
processors of financial transaction devices for the purposes of	18019
this section. The administrative agent shall request proposals	18020
from at least three financial institutions, issuers of financial	18021
transaction devices, or processors of financial transaction	18022
devices, as appropriate in accordance with the resolution adopted	18023
under division (B) of this section. Prior to sending any financial	18024
institution, issuer, or processor a copy of any such request, the	18025
county shall advertise its intent to request proposals in a	18026
newspaper of general circulation in the county once a week for two	18027
consecutive weeks or as provided in section 7.16 of the Revised	18028
Code. The notice shall state that the county intends to request	18029
proposals; specify the purpose of the request; indicate the date,	18030
which shall be at least ten days after the second publication, on	18031
which the request for proposals will be mailed to financial	18032
institutions, issuers, or processors; and require that any	18033
financial institution, issuer, or processor, whichever is	18034
appropriate, interested in receiving the request for proposals	18035
submit written notice of this interest to the county not later	18036
than noon of the day on which the request for proposals will be	18037
mailed.	18038

Upon receiving the proposals, the administrative agent shall	18039
review them and make a recommendation to the board of county	18040
commissioners on which proposals to accept. The board of county	18041
commissioners shall consider the agent's recommendation and review	18042
all proposals submitted, and then may choose to contract with any	18043
or all of the entities submitting proposals, as appropriate. The	18044
board shall provide any financial institution, issuer, or	18045
processor that submitted a proposal, but with which the board does	18046
not enter into a contract, notice that its proposal is rejected.	18047
The notice shall state the reasons for the rejection, indicate	18048
whose proposals were accepted, and provide a copy of the terms and	18049
conditions of the successful bids.	18050

(D) A board of county commissioners adopting a resolution	18051
under this section shall send a copy of the resolution to each	18052
county official in the county who is authorized by the resolution	18053
to accept payments by financial transaction devices. After	18054
receiving the resolution and before accepting payments by	18055
financial transaction devices, a county official shall provide	18056
written notification to the board of county commissioners of the	18057
official's intent to implement the resolution within the	18058
official's office. Each county office subject to the board's	18059
resolution adopted under division (B) of this section may use only	18060
the financial institutions, issuers of financial transaction	18061
devices, and processors of financial transaction devices with	18062
which the board of county commissioners contracts, and each such	18063
office is subject to the terms of those contracts.	18064

If a county office under the authority of a county official	18065
is directly responsible for collecting one or more county expenses	18066
and the county official determines not to accept payments by	18067
financial transaction devices for one or more of those expenses,	18068
the office shall not be required to accept payments by financial	18069
transaction devices, notwithstanding the adoption of a resolution	18070
by the board of county commissioners under this section.	18071

Any office of a clerk of the court of common pleas that	18072
accepts financial transaction devices on or before July 1, 1999,	18073
and any other county office that accepted such devices before	18074
January 1, 1998, may continue to accept such devices without being	18075
subject to any resolution passed by the board of county	18076
commissioners under division (B) of this section, or any other	18077
oversight by the board of the office's financial transaction	18078
devices program. Any such office may use surcharges or convenience	18079
fees in any manner the county official in charge of the office	18080
determines to be appropriate, and, if the county treasurer	18081
consents, may appoint the county treasurer to be the office's	18082
administrative agent for purposes of accepting financial	18083
transaction devices. In order not to be subject to the resolution	18084
of the board of county commissioners adopted under division (B) of	18085
this section, a county office shall notify the board in writing	18086
within thirty days after March 30, 1999, that it accepted	18087
financial transaction devices prior to January 1, 1998, or, in the	18088
case of the office of a clerk of the court of common pleas, the	18089
clerk has accepted or will accept such devices on or before July	18090
1, 1999. Each such notification shall explain how processing costs	18091
associated with financial transaction devices are being paid and	18092
shall indicate whether surcharge or convenience fees are being	18093
passed on to consumers.	18094

(E) A board of county commissioners may establish a surcharge	18095
or convenience fee that may be imposed upon a person making	18096
payment by a financial transaction device. The surcharge or	18097
convenience fee shall not be imposed unless authorized or	18098
otherwise permitted by the rules prescribed by an agreement	18099
governing the use and acceptance of the financial transaction	18100
device.	18101

If a surcharge or convenience fee is imposed, every county	18102
office accepting payment by a financial transaction device,	18103
regardless of whether that office is subject to a resolution	18104
adopted by a board of county commissioners, shall clearly post a	18105
notice in that office and shall notify each person making a	18106
payment by such a device about the surcharge or fee. Notice to	18107
each person making a payment shall be provided regardless of the	18108
medium used to make the payment and in a manner appropriate to	18109
that medium. Each notice shall include all of the following:	18110

(1) A statement that there is a surcharge or convenience fee	18111
for using a financial transaction device;	18112

(2) The total amount of the charge or fee expressed in	18113
dollars and cents for each transaction, or the rate of the charge	18114
or fee expressed as a percentage of the total amount of the	18115
transaction, whichever is applicable;	18116

(3) A clear statement that the surcharge or convenience fee	18117
is nonrefundable.	18118

(F) If a person elects to make a payment to the county by a	18119
financial transaction device and a surcharge or convenience fee is	18120
imposed, the payment of the surcharge or fee shall be considered	18121
voluntary and the surcharge or fee is not refundable.	18122

(G) If a person makes payment by financial transaction device	18123
and the payment is returned or dishonored for any reason, the	18124
person is liable to the county for payment of a penalty over and	18125
above the amount of the expense due. The board of county	18126
commissioners shall determine the amount of the penalty, which may	18127
be either a fee not to exceed twenty dollars or payment of the	18128
amount necessary to reimburse the county for banking charges,	18129
legal fees, or other expenses incurred by the county in collecting	18130
the returned or dishonored payment. The remedies and procedures	18131
provided in this section are in addition to any other available	18132
civil or criminal remedies provided by law.	18133

(H) No person making any payment by financial transaction	18134
device to a county office shall be relieved from liability for the	18135
underlying obligation except to the extent that the county	18136
realizes final payment of the underlying obligation in cash or its	18137
equivalent. If final payment is not made by the financial	18138
transaction device issuer or other guarantor of payment in the	18139
transaction, the underlying obligation shall survive and the	18140
county shall retain all remedies for enforcement that would have	18141
applied if the transaction had not occurred.	18142

(I) A county official or employee who accepts a financial	18143
transaction device payment in accordance with this section and any	18144
applicable state or local policies or rules is immune from	18145
personal liability for the final collection of such payments.	18146

Sec. 305.171. The following applies until the department of	18147
administrative services implements for counties the health care	18148
plans under section 9.901 of the Revised Code. If those plans do	18149
not include or address any benefits listed in division (A) of this	18150
section, the following provisions continue in effect for those	18151
benefits.	18152

(A) The board of county commissioners of any county may	18153
contract for, purchase, or otherwise procure and pay all or any	18154
part of the cost of group insurance policies that may provide	18155
benefits including, but not limited to, hospitalization, surgical	18156
care, major medical care, disability, dental care, eye care,	18157
medical care, hearing aids, or prescription drugs, and that may	18158
provide sickness and accident insurance, group legal services, or	18159
group life insurance, or a combination of any of the foregoing	18160
types of insurance or coverage, for county officers and employees	18161
and their immediate dependents from the funds or budgets from	18162
which the county officers or employees are compensated for	18163
services, issued by an insurance company.	18164

(B) The board of county commissioners also may negotiate and	18165
contract for any plan or plans of health care services with health	18166
insuring corporations holding a certificate of authority under	18167
Chapter 1751. of the Revised Code, provided that each county	18168
officer or employee shall be permitted to do both of the	18169
following:	18170

(1) Exercise an option between a plan offered by an insurance	18171
company and a plan or plans offered by health insuring	18172
corporations under this division, on the condition that the county	18173
officer or employee shall pay any amount by which the cost of the	18174
plan chosen by the county officer or employee pursuant to this	18175
division exceeds the cost of the plan offered under division (A)	18176
of this section;	18177

(2) Change from one of the plans to another at a time each	18178
year as determined by the board.	18179

(C) Section 307.86 of the Revised Code does not apply to the	18180
purchase of benefits for county officers or employees under	18181
divisions (A) and (B) of this section when those benefits are	18182
provided through a jointly administered health and welfare trust	18183
fund in which the county or contracting authority and a collective	18184
bargaining representative of the county employees or contracting	18185
authority agree to participate.	18186

(D) The board of trustees of a jointly administered trust	18187
fund that receives contributions pursuant to collective bargaining	18188
agreements entered into between the board of county commissioners	18189
of any county and a collective bargaining representative of the	18190
employees of the county may provide for self-insurance of all risk	18191
in the provision of fringe benefits, and may provide through the	18192
self-insurance method specific fringe benefits as authorized by	18193
the rules of the board of trustees of the jointly administered	18194
trust fund. The fringe benefits may include, but are not limited	18195
to, hospitalization, surgical care, major medical care,	18196
disability, dental care, vision care, medical care, hearing aids,	18197
prescription drugs, group life insurance, sickness and accident	18198
insurance, group legal services, or a combination of any of the	18199
foregoing types of insurance or coverage, for county employees and	18200
their dependents.	18201

(E) The board of county commissioners may provide the	18202
benefits described in divisions (A) to (D) of this section through	18203
an individual self-insurance program or a joint self-insurance	18204
program as provided in section 9.833 of the Revised Code.	18205

(F) When a board of county commissioners offers health	18206
benefits authorized under this section to a county officer or	18207
employee, the board may offer the benefits through a cafeteria	18208
plan meeting the requirements of section 125 of the "Internal	18209
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as	18210
amended, and, as part of that plan, may offer the county officer	18211
or employee the option of receiving a cash payment in any form	18212
permissible under such cafeteria plans. A cash payment made to a	18213
county officer or employee under this division shall not exceed	18214
twenty-five per cent of the cost of premiums or payments that	18215
otherwise would be paid by the board for benefits for the county	18216
officer or employee under a policy or plan.	18217

(G) The board of county commissioners may establish a policy	18218
authorizing any county appointing authority to make a cash payment	18219
to any county officer or employee in lieu of providing a benefit	18220
authorized under this section if the county officer or employee	18221
elects to take the cash payment instead of the offered benefit. A	18222
cash payment made to a county officer or employee under this	18223
division shall not exceed twenty-five per cent of the cost of	18224
premiums or payments that otherwise would be paid by the board for	18225
benefits for the county officer or employee under an offered	18226
policy or plan.	18227

(H) No cash payment in lieu of a health benefit shall be made	18228
to a county officer or employee under division (F) or (G) of this	18229
section unless the county officer or employee signs a statement	18230
affirming that the county officer or employee is covered under	18231
another health insurance or health care policy, contract, or plan,	18232
and setting forth the name of the employer, if any, that sponsors	18233
the coverage, the name of the carrier that provides the coverage,	18234
and the identifying number of the policy, contract, or plan.	18235

(I) The legislative authority of a county-operated municipal	18236
court, after consultation with the judges, or the clerk and deputy	18237
clerks, of the municipal court, shall negotiate and contract for,	18238
purchase, or otherwise procure, and pay the costs, premiums, or	18239
charges for, group health care coverage for the judges, and group	18240
health care coverage for the clerk and deputy clerks, in	18241
accordance with section 1901.111 or 1901.312 of the Revised Code.	18242

(J) As used in this section:

18243

(1) "County officer or employee" includes, but is not limited	18244
to, a member or employee of the county board of elections.	18245

(2) "County-operated municipal court" and "legislative	18246
authority" have the same meanings as in section 1901.03 of the	18247
Revised Code.	18248

(3) "Health care coverage" has the same meaning as in section	18249
1901.111 of the Revised Code.	18250

Sec. 305.23. (A) As used in this section:

18251

(1) "County office" means the offices of the county	18252
commissioner, county auditor, county treasurer, county engineer,	18253
county recorder, county prosecuting attorney, county sheriff,	18254
county coroner, county park district, veterans service commission,	18255
clerk of the juvenile court, clerks of court for all divisions of	18256
the courts of common pleas, including the clerk of the court of	18257
common pleas, clerk of a county-operated municipal court, and	18258
clerk of a county court, and any agency, department, or division	18259
under the authority of, or receiving funding in whole or in part	18260
from, any of those county offices.	18261

(2) "Human resources" means any and all functions relating to	18262
human resource management, including civil service, employee	18263
benefits administration, collective bargaining, labor relations,	18264
risk management, workers' compensation, unemployment compensation,	18265
and any human resource management function required by state or	18266
federal law, but "human resources" does not authorize a board of	18267
county commissioners to adopt a resolution establishing a	18268
centralized human resource service that requires any county office	18269
to conform to any classification and compensation plan, position	18270
descriptions, or organizational structure; to determine the rate	18271
of compensation of any employee appointed by the appointing	18272
authority of a county office or the salary ranges for positions of	18273
a county office within the aggregate limits set in the	18274
appropriation resolution of the board of county commissioners; to	18275
determine the number of or the terms of employment of any employee	18276
appointed by the appointing authority of a county office within	18277
the aggregate limits set in the board's appropriation resolution;	18278
or to exercise powers relating to the hiring, qualifications,	18279
evaluation, suspension, demotion, disciplinary action, layoff,	18280
furloughing, establishment of a modified work-week schedule, or	18281
the termination of any employee appointed by the appointing	18282
authority of any county office.	18283

(B) Subject to division (C) of this section, a board of	18284
county commissioners may adopt a resolution establishing	18285
centralized purchasing, printing, transportation, vehicle	18286
maintenance, human resources, revenue collection, and mail	18287
operation services for a county office. Before adopting a	18288
resolution under this section, the board of county commissioners,	18289
in a written notice, shall inform any other county office that	18290
will be impacted by the resolution of the board's desire to	18291
establish a centralized service or services. The written notice	18292
shall include a statement that provides the rationale and the	18293
estimated savings anticipated for centralizing a service or	18294
services. In addition, the board may request any other county	18295
office to serve as the agent and responsible party for	18296
administering a centralized service or services. That county	18297
office may enter into an agreement with the board of county	18298
commissioners to administer the centralized service or services	18299
under such terms and conditions as are included in the agreement,	18300
but nothing in this section authorizes the board of county	18301
commissioners to require a county office to serve as the agent and	18302
responsible party for administering a centralized service or	18303
services at the board's request.	18304

A resolution establishing a centralized service or services	18305
shall specify all of the following:	18306

(1) The name of the county office that will be the agent and	18307
responsible party for administering a centralized service or	18308
services, and if the agent and responsible party is not the board	18309
of county commissioners, the designation of the county office that	18310
has entered into an agreement under division (B) of this section	18311
with the board to be the agent and responsible party;	18312

(2) Which county offices are required to use the centralized	18313
services;	18314

(3) If not all of the centralized services, which centralized	18315
service each county office must use;	18316

(4) A list of rates and charges the county office shall pay	18317
for the centralized services;	18318

(5) The date upon which each county office specified in the	18319
resolution shall begin using the centralized services.	18320

Not later than ten days after a resolution is adopted under	18321
this section, the clerk of the board of county commissioners shall	18322
send a copy of the resolution to each county office that is	18323
specified in the resolution.	18324

(C) A board of county commissioners shall not adopt a	18325
resolution that establishes a centralized service or services	18326
regarding any of the following:	18327

(1) Purchases made with moneys from the special fund	18328
designated as "general fund moneys to supplement the equipment	18329
needs of the county recorder" under section 317.321 of the Revised	18330
Code, from the real estate assessment fund established under	18331
section 325.31 of the Revised Code, or from the funds that are	18332
paid out of the general fund of the county under sections 325.071	18333
and 325.12 of the Revised Code;	18334

(2) Purchases of financial software used by the county	18335
auditor;	18336

(3) The printing of county property tax bills;

18337

(4) The collection of any taxes, assessments, and fees the	18338
county treasurer is required by law to collect;	18339

(5) Purchases of computers, software, and micrographic	18340
equipment used by the county recorder.	18341

(D) Nothing in this section authorizes the board of county	18342
commissioners to have control or authority over funds that are	18343
received directly by a county office under another section of the	18344
Revised Code, or to control, or have authority regarding, the	18345
expenditure or use of such funds.	18346

Sec. 306.322. (A) For any regional transit authority that	18347
levies a property tax and that includes in its membership	18348
political subdivisions that are located in a county having a	18349
population of at least four hundred thousand according to the most	18350
recent federal census, the procedures of this section apply until	18351
November 5, 2013, and are in addition to and an alternative to	18352
those established in sections 306.32 and 306.321 for joining to	18353
the regional transit authority additional counties, municipal	18354
corporations, or townships.	18355

(B) Any municipal corporation or township may adopt a	18356
resolution or ordinance proposing to join a regional transit	18357
authority described in division (A) of this section. In its	18358
resolution or ordinance, the political subdivision may propose	18359
joining the regional transit authority for a limited period of	18360
three years or without a time limit.	18361

(C) The political subdivision proposing to join the regional	18362
transit authority shall submit a copy of its resolution or	18363
ordinance to the legislative authority of each municipal	18364
corporation and the board of trustees of each township comprising	18365
the regional transit authority. Within thirty days of receiving	18366
the resolution or ordinance for inclusion in the regional transit	18367
authority, the legislative authority of each municipal corporation	18368
and the board of trustees of each township shall consider the	18369
question of whether to include the additional subdivision in the	18370
regional transit authority, shall adopt a resolution or ordinance	18371
approving or rejecting the inclusion of the additional	18372
subdivision, and shall present its resolution or ordinance to the	18373
board of trustees of the regional transit authority.	18374

(D) If a majority of the political subdivisions comprising	18375
the regional transit authority approve the inclusion of the	18376
additional political subdivision, the board of trustees of the	18377
regional transit authority, not later than the tenth day following	18378
the day on which the last ordinance or resolution is presented,	18379
shall notify the subdivision proposing to join the regional	18380
transit authority that it may certify the proposal to the board of	18381
elections for the purpose of having the proposal placed on the	18382
ballot at the next general election or at a special election	18383
conducted on the day of the next primary election that occurs not	18384
less than seventy-five days after the resolution or ordinance is	18385
certified to the board of elections.	18386

(E) Upon certification of a proposal to the board of	18387
elections pursuant to this section, the board of elections shall	18388
make the necessary arrangements for the submission of the question	18389
to the electors of the territory to be included in the regional	18390
transit authority qualified to vote on the question, and the	18391
election shall be held, canvassed, and certified in the same	18392
manner as regular elections for the election of officers of the	18393
subdivision proposing to join the regional transit authority,	18394
except that, if the resolution proposed the inclusion without a	18395
time limitation the question appearing on the ballot shall read:	18396

"Shall the territory within the .........................	18397
(Name or names of political subdivisions to be joined) be added to	18398
......................... ......... (Name) regional transit	18399
authority?" and shall a(n) .......... (here insert type of tax or	18400
taxes) at a rate of taxation not to exceed ..... (here insert	18401
maximum tax rate or rates) be levied for all transit purposes?"	18402

If the resolution proposed the inclusion with a three-year	18403
time limitation, the question appearing on the ballot shall read:	18404

"Shall the territory within the .........................	18405
(Name or names of political subdivisions to be joined) be added to	18406
......................... ......... (Name) regional transit	18407
authority?" for three years and shall a(n) .......... (here insert	18408
type of tax or taxes) at a rate of taxation not to exceed .....	18409
(here insert maximum tax rate or rates) be levied for all transit	18410
purposes for three years?"	18411

(F) If the question is approved by at least a majority of the	18412
electors voting on the question, the addition of the new territory	18413
is effective six months from the date of the certification of its	18414
passage, and the regional transit authority may extend the levy of	18415
the tax against all the taxable property within the territory that	18416
was added. If the question is approved at a general election or at	18417
a special election occurring prior to the general election but	18418
after the fifteenth day of July, the regional transit authority	18419
may amend its budget and resolution adopted pursuant to section	18420
5705.34 of the Revised Code, and the levy shall be placed on the	18421
current tax list and duplicate and collected as other taxes are	18422
collected from all taxable property within the territorial	18423
boundaries of the regional transit authority, including the	18424
territory within the political subdivision added as a result of	18425
the election. If the budget of the regional transit authority is	18426
amended pursuant to this paragraph, the county auditor shall	18427
prepare and deliver an amended certificate of estimated resources	18428
to reflect the change in anticipated revenues of the regional	18429
transit authority.	18430

(G) If the question is approved by at least a majority of the	18431
electors voting on the question, the board of trustees of the	18432
regional transit authority immediately shall amend the resolution	18433
or ordinance creating the regional transit authority to include	18434
the additional political subdivision.	18435

(H) If the question approved by a majority of the electors	18436
voting on the question added the subdivision for three years, the	18437
territory of the additional municipal corporation or township in	18438
the regional transit authority shall be removed from the territory	18439
of the regional transit authority three years after the date the	18440
territory was added, as determined in the effective date of the	18441
election, and shall no longer be a part of that authority without	18442
any further action by either the political subdivisions that were	18443
included in the authority prior to submitting the question to the	18444
electors or of the political subdivision added to the authority as	18445
a result of the election. The regional transit authority reduced	18446
to its territory as it existed prior to the inclusion of the	18447
additional municipal corporation or township shall be entitled to	18448
levy and collect any property taxes that it was authorized to levy	18449
and collect prior to the enlargement of its territory and for	18450
which authorization has not expired, as if the enlargement had not	18451
occurred.	18452

Sec. 306.35. Upon the creation of a regional transit	18453
authority as provided by section 306.32 of the Revised Code, and	18454
upon the qualifying of its board of trustees and the election of a	18455
president and a vice-president, the authority shall exercise in	18456
its own name all the rights, powers, and duties vested in and	18457
conferred upon it by sections 306.30 to 306.53 of the Revised	18458
Code. Subject to any reservations, limitations, and qualifications	18459
that are set forth in those sections, the regional transit	18460
authority:	18461

(A) May sue or be sued in its corporate name;

18462

(B) May make contracts in the exercise of the rights, powers,	18463
and duties conferred upon it;	18464

(C) May adopt and at will alter a seal and use such seal by	18465
causing it to be impressed, affixed, reproduced, or otherwise	18466
used, but failure to affix the seal shall not affect the validity	18467
of any instrument;	18468

(D)(1) May adopt, amend, and repeal bylaws for the	18469
administration of its affairs and rules for the control of the	18470
administration and operation of transit facilities under its	18471
jurisdiction, and for the exercise of all of its rights of	18472
ownership in those transit facilities;	18473

(2) The regional transit authority also may adopt bylaws and	18474
rules for the following purposes:	18475

(a) To prohibit selling, giving away, or using any beer or	18476
intoxicating liquor on transit vehicles or transit property;	18477

(b) For the preservation of good order within or on transit	18478
vehicles or transit property;	18479

(c) To provide for the protection and preservation of all	18480
property and life within or on transit vehicles or transit	18481
property;	18482

(d) To regulate and enforce the collection of fares.

18483

(3) Before a bylaw or rule adopted under division (D)(2) of	18484
this section takes effect, the regional transit authority shall	18485
provide for a notice of its adoption to be published once a week	18486
for two consecutive weeks in a newspaper of general circulation	18487
within the territorial boundaries of the regional transit	18488
authority, or as provided in section 7.16 of the Revised Code.	18489

(4) No person shall violate any bylaw or rule of a regional	18490
transit authority adopted under division (D)(2) of this section.	18491

(E) May fix, alter, and collect fares, rates, and rentals and	18492
other charges for the use of transit facilities under its	18493
jurisdiction to be determined exclusively by it for the purpose of	18494
providing for the payment of the expenses of the regional transit	18495
authority, the acquisition, construction, improvement, extension,	18496
repair, maintenance, and operation of transit facilities under its	18497
jurisdiction, the payment of principal and interest on its	18498
obligations, and to fulfill the terms of any agreements made with	18499
purchasers or holders of any such obligations, or with any person	18500
or political subdivision;	18501

(F) Shall have jurisdiction, control, possession, and	18502
supervision of all property, rights, easements, licenses, moneys,	18503
contracts, accounts, liens, books, records, maps, or other	18504
property rights and interests conveyed, delivered, transferred, or	18505
assigned to it;	18506

(G) May acquire, construct, improve, extend, repair, lease,	18507
operate, maintain, or manage transit facilities within or without	18508
its territorial boundaries, considered necessary to accomplish the	18509
purposes of its organization and make charges for the use of	18510
transit facilities;	18511

(H) May levy and collect taxes as provided in sections 306.40	18512
and 306.49 of the Revised Code;	18513

(I) May issue bonds secured by its general credit as provided	18514
in section 306.40 of the Revised Code;	18515

(J) May hold, encumber, control, acquire by donation, by	18516
purchase for cash or by installment payments, by lease-purchase	18517
agreement, by lease with option to purchase, or by condemnation,	18518
and may construct, own, lease as lessee or lessor, use, and sell,	18519
real and personal property, or any interest or right in real and	18520
personal property, within or without its territorial boundaries,	18521
for the location or protection of transit facilities and	18522
improvements and access to transit facilities and improvements,	18523
the relocation of buildings, structures, and improvements situated	18524
on lands acquired by the regional transit authority, or for any	18525
other necessary purpose, or for obtaining or storing materials to	18526
be used in constructing, maintaining, and improving transit	18527
facilities under its jurisdiction;	18528

(K) May exercise the power of eminent domain to acquire	18529
property or any interest in property, within or without its	18530
territorial boundaries, that is necessary or proper for the	18531
construction or efficient operation of any transit facility or	18532
access to any transit facility under its jurisdiction in	18533
accordance with section 306.36 of the Revised Code;	18534

(L) May provide by agreement with any county, including the	18535
counties within its territorial boundaries, or any municipal	18536
corporation or any combination of counties or municipal	18537
corporations for the making of necessary surveys, appraisals, and	18538
examinations preliminary to the acquisition or construction of any	18539
transit facility and the amount of the expense for the surveys,	18540
appraisals, and examinations to be paid by each such county or	18541
municipal corporation;	18542

(M) May provide by agreement with any county, including the	18543
counties within its territorial boundaries, or any municipal	18544
corporation or any combination of those counties or municipal	18545
corporations for the acquisition, construction, improvement,	18546
extension, maintenance, or operation of any transit facility owned	18547
or to be owned and operated by it or owned or to be owned and	18548
operated by any such county or municipal corporation and the terms	18549
on which it shall be acquired, leased, constructed, maintained, or	18550
operated, and the amount of the cost and expense of the	18551
acquisition, lease, construction, maintenance, or operation to be	18552
paid by each such county or municipal corporation;	18553

(N) May issue revenue bonds for the purpose of acquiring,	18554
replacing, improving, extending, enlarging, or constructing any	18555
facility or permanent improvement that it is authorized to	18556
acquire, replace, improve, extend, enlarge, or construct,	18557
including all costs in connection with and incidental to the	18558
acquisition, replacement, improvement, extension, enlargement, or	18559
construction, and their financing, as provided by section 306.37	18560
of the Revised Code;	18561

(O) May enter into and supervise franchise agreements for the	18562
operation of a transit system;	18563

(P) May accept the assignment of and supervise an existing	18564
franchise agreement for the operation of a transit system;	18565

(Q) May exercise a right to purchase a transit system in	18566
accordance with the acquisition terms of an existing franchise	18567
agreement; and in connection with the purchase the regional	18568
transit authority may issue revenue bonds as provided by section	18569
306.37 of the Revised Code or issue bonds secured by its general	18570
credit as provided in section 306.40 of the Revised Code;	18571

(R) May apply for and accept grants or loans from the United	18572
States, the state, or any other public body for the purpose of	18573
providing for the development or improvement of transit	18574
facilities, mass transportation facilities, equipment, techniques,	18575
methods, or services, and grants or loans needed to exercise a	18576
right to purchase a transit system pursuant to agreement with the	18577
owner of those transit facilities, or for providing lawful	18578
financial assistance to existing transit systems; and may provide	18579
any consideration that may be required in order to obtain those	18580
grants or loans from the United States, the state, or other public	18581
body, either of which grants or loans may be evidenced by the	18582
issuance of revenue bonds as provided by section 306.37 of the	18583
Revised Code or general obligation bonds as provided by section	18584
306.40 of the Revised Code;	18585

(S) May employ and fix the compensation of consulting	18586
engineers, superintendents, managers, and such other engineering,	18587
construction, accounting and financial experts, attorneys, and	18588
other employees and agents necessary for the accomplishment of its	18589
purposes;	18590

(T) May procure insurance against loss to it by reason of	18591
damages to its properties resulting from fire, theft, accident, or	18592
other casualties or by reason of its liability for any damages to	18593
persons or property occurring in the construction or operation of	18594
transit facilities under its jurisdiction or the conduct of its	18595
activities;	18596

(U) May maintain funds that it considers necessary for the	18597
efficient performance of its duties;	18598

(V) May direct its agents or employees, when properly	18599
identified in writing, after at least five days' written notice,	18600
to enter upon lands within or without its territorial boundaries	18601
in order to make surveys and examinations preliminary to the	18602
location and construction of transit facilities, without liability	18603
to it or its agents or employees except for actual damage done;	18604

(W) On its own motion, may request the appropriate zoning	18605
board, as defined in section 4563.03 of the Revised Code, to	18606
establish and enforce zoning regulations pertaining to any transit	18607
facility under its jurisdiction in the manner prescribed by	18608
sections 4563.01 to 4563.21 of the Revised Code;	18609

(X) If it acquires any existing transit system, shall assume	18610
all the employer's obligations under any existing labor contract	18611
between the employees and management of the system. If the board	18612
acquires, constructs, controls, or operates any such facilities,	18613
it shall negotiate arrangements to protect the interests of	18614
employees affected by the acquisition, construction, control, or	18615
operation. The arrangements shall include, but are not limited to:	18616

(1) The preservation of rights, privileges, and benefits	18617
under existing collective bargaining agreements or otherwise, the	18618
preservation of rights and benefits under any existing pension	18619
plans covering prior service, and continued participation in	18620
social security in addition to participation in the public	18621
employees retirement system as required in Chapter 145. of the	18622
Revised Code;	18623

(2) The continuation of collective bargaining rights;

18624

(3) The protection of individual employees against a	18625
worsening of their positions with respect to their employment;	18626

(4) Assurances of employment to employees of those transit	18627
systems and priority reemployment of employees terminated or laid	18628
off;	18629

(5) Paid training or retraining programs;

18630

(6) Signed written labor agreements.

18631

The arrangements may include provisions for the submission of	18632
labor disputes to final and binding arbitration.	18633

(Y) May provide for and maintain security operations,	18634
including a transit police department, subject to section 306.352	18635
of the Revised Code. Regional transit authority police officers	18636
shall have the power and duty to act as peace officers within	18637
transit facilities owned, operated, or leased by the transit	18638
authority to protect the transit authority's property and the	18639
person and property of passengers, to preserve the peace, and to	18640
enforce all laws of the state and ordinances and regulations of	18641
political subdivisions in which the transit authority operates.	18642
Regional transit authority police officers also shall have the	18643
power and duty to act as peace officers when they render emergency	18644
assistance outside their jurisdiction to any other peace officer	18645
who is not a regional transit authority police officer and who has	18646
arrest authority under section 2935.03 of the Revised Code.	18647
Regional transit authority police officers may render emergency	18648
assistance if there is a threat of imminent physical danger to the	18649
peace officer, a threat of physical harm to another person, or any	18650
other serious emergency situation and if either the peace officer	18651
who is assisted requests emergency assistance or it appears that	18652
the peace officer who is assisted is unable to request emergency	18653
assistance and the circumstances observed by the regional transit	18654
authority police officer reasonably indicate that emergency	18655
assistance is appropriate.	18656

Before exercising powers of arrest and the other powers and	18657
duties of a peace officer, each regional transit authority police	18658
officer shall take an oath and give bond to the state in a sum	18659
that the board of trustees prescribes for the proper performance	18660
of the officer's duties.	18661

Persons employed as regional transit authority police	18662
officers shall complete training for the position to which they	18663
have been appointed as required by the Ohio peace officer training	18664
commission as authorized in section 109.77 of the Revised Code, or	18665
be otherwise qualified. The cost of the training shall be provided	18666
by the regional transit authority.	18667

(Z) May procure a policy or policies insuring members of its	18668
board of trustees against liability on account of damages or	18669
injury to persons and property resulting from any act or omission	18670
of a member in the member's official capacity as a member of the	18671
board or resulting solely out of the member's membership on the	18672
board;	18673

(AA) May enter into any agreement for the sale and leaseback	18674
or lease and leaseback of transit facilities, which agreement may	18675
contain all necessary covenants for the security and protection of	18676
any lessor or the regional transit authority including, but not	18677
limited to, indemnification of the lessor against the loss of	18678
anticipated tax benefits arising from acts, omissions, or	18679
misrepresentations of the regional transit authority. In	18680
connection with that transaction, the regional transit authority	18681
may contract for insurance and letters of credit and pay any	18682
premiums or other charges for the insurance and letters of credit.	18683
The fiscal officer shall not be required to furnish any	18684
certificate under section 5705.41 of the Revised Code in	18685
connection with the execution of any such agreement.	18686

(BB) In regard to any contract entered into on or after March	18687
19, 1993, for the rendering of services or the supplying of	18688
materials or for the construction, demolition, alteration, repair,	18689
or reconstruction of transit facilities in which a bond is	18690
required for the faithful performance of the contract, may permit	18691
the person awarded the contract to utilize a letter of credit	18692
issued by a bank or other financial institution in lieu of the	18693
bond;	18694

(CC) May enter into agreements with municipal corporations	18695
located within the territorial jurisdiction of the regional	18696
transit authority permitting regional transit authority police	18697
officers employed under division (Y) of this section to exercise	18698
full arrest powers, as provided in section 2935.03 of the Revised	18699
Code, for the purpose of preserving the peace and enforcing all	18700
laws of the state and ordinances and regulations of the municipal	18701
corporation within the areas that may be agreed to by the regional	18702
transit authority and the municipal corporation.	18703

Sec. 306.43. (A) The board of trustees of a regional transit	18704
authority or any officer or employee designated by such board may	18705
make any contract for the purchase of goods or services, the cost	18706
of which does not exceed one hundred thousand dollars. When an	18707
expenditure, other than for the acquisition of real estate, the	18708
discharge of claims, or the acquisition of goods or services under	18709
the circumstances described in division (H) of this section, is	18710
expected to exceed one hundred thousand dollars, such expenditure	18711
shall be made through full and open competition by the use of	18712
competitive procedures. The regional transit authority shall use	18713
the competitive procedure, as set forth in divisions (B), (C),	18714
(D), and (E) of this section, that is most appropriate under the	18715
circumstances of the procurement.	18716

(B) Competitive sealed bidding is the preferred method of	18717
procurement and a regional transit authority shall use that method	18718
if all of the following conditions exist:	18719

(1) A clear, complete and adequate description of the goods,	18720
services, or work is available;	18721

(2) Time permits the solicitation, submission, and evaluation	18722
of sealed bids;	18723

(3) The award will be made on the basis of price and other	18724
price-related factors;	18725

(4) It is not necessary to conduct discussions with	18726
responding offerors about their bids;	18727

(5) There is a reasonable expectation of receiving more than	18728
one sealed bid.	18729

A regional transit authority shall publish a notice calling	18730
for bids once a week for no less than two consecutive weeks in at	18731
~~least one~~a newspaper of general circulation within the	18732
territorial boundaries of the regional transit authority, or as	18733
provided in section 7.16 of the Revised Code. A regional transit	18734
authority may require that a bidder for any contract other than a	18735
construction contract provide a bid guaranty in the form, quality,	18736
and amount considered appropriate by the regional transit	18737
authority. The board may let the contract to the lowest responsive	18738
and responsible bidder. Where fewer than two responsive bids are	18739
received, a regional transit authority may negotiate price with	18740
the sole responsive bidder or may rescind the solicitation and	18741
procure under division (H)(2) of this section.	18742

(C) A regional transit authority may use two-step competitive	18743
bidding, consisting of a technical proposal and a separate,	18744
subsequent sealed price bid from those submitting acceptable	18745
technical proposals, if both of the following conditions exist:	18746

(1) A clear, complete, and adequate description of the goods,	18747
services, or work is not available, but definite criteria exist	18748
for the evaluation of technical proposals;	18749

(2) It is necessary to conduct discussions with responding	18750
offerors.	18751

A regional transit authority shall publish a notice calling	18752
for technical proposals once a week for no less than two	18753
consecutive weeks in ~~at least one~~a newspaper of general	18754
circulation within the territorial boundaries of the regional	18755
transit authority, or as provided in section 7.16 of the Revised	18756
Code. A regional transit authority may require a bid guaranty in	18757
the form, quality, and amount the regional transit authority	18758
considers appropriate. The board may let the contract to the	18759
lowest responsive and responsible bidder. Where fewer than two	18760
responsive and responsible bids are received, a regional transit	18761
authority may negotiate price with the sole responsive and	18762
responsible bidder or may rescind the solicitation and procure	18763
under division (H)(2) of this section.	18764

(D) A regional transit authority shall make a procurement by	18765
competitive proposals if competitive sealed bidding or two-step	18766
competitive bidding is not appropriate.	18767

A regional transit authority shall publish a notice calling	18768
for proposals once a week for no less than two consecutive weeks	18769
in ~~at least one~~a newspaper of general circulation within the	18770
territorial boundaries of the regional transit authority, or as	18771
provided in section 7.16 of the Revised Code. A regional transit	18772
authority may require a proposal guaranty in the form, quality,	18773
and amount considered appropriate by the regional transit	18774
authority. The board may let the contract to the proposer making	18775
the offer considered most advantageous to the authority. Where	18776
fewer than two competent proposals are received, a regional	18777
transit authority may negotiate price and terms with the sole	18778
proposer or may rescind the solicitation and procure under	18779
division (H)(2) of this section.	18780

(E)(1) A regional transit authority shall procure the	18781
services of an architect or engineer in the manner prescribed by	18782
the "Federal Mass Transportation Act of 1987," Public Law No.	18783
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	18784
and the services of a construction manager in the manner	18785
prescribed by sections 9.33 to 9.332 of the Revised Code.	18786

(2) A regional transit authority may procure revenue rolling	18787
stock in the manner prescribed by division (B), (C), or (D) of	18788
this section.	18789

(3) All contracts for construction in excess of one hundred	18790
thousand dollars shall be made only after the regional transit	18791
authority has published a notice calling for bids once a week for	18792
two consecutive weeks in ~~at least one~~a newspaper of general	18793
circulation within the territorial boundaries of the regional	18794
transit authority, or as provided in section 7.16 of the Revised	18795
Code. The board may award a contract to the lowest responsive and	18796
responsible bidder. Where only one responsive and responsible bid	18797
is received, the regional transit authority may negotiate price	18798
with the sole responsive bidder or may rescind the solicitation.	18799
The regional transit authority shall award construction contracts	18800
in accordance with sections 153.12 to 153.14 and 153.54 of the	18801
Revised Code. Divisions (B) and (C) of this section shall not	18802
apply to the award of contracts for construction.	18803

(F) All contracts involving expenditures in excess of one	18804
hundred thousand dollars shall be in writing and shall be	18805
accompanied by or shall refer to plans and specifications for the	18806
work to be done. The plans and specifications shall at all times	18807
be made and considered part of the contract. For all contracts	18808
other than construction contracts, a regional transit authority	18809
may require performance, payment, or maintenance guaranties or any	18810
combination of such guaranties in the form, quality, and amount it	18811
considers appropriate. The contract shall be approved by the board	18812
and signed on behalf of the regional transit authority and by the	18813
contractor.	18814

(G) In making a contract, a regional transit authority may	18815
give preference to goods produced in the United States in	18816
accordance with the Buy America requirements in the "Surface	18817
Transportation Assistance Act of 1982," Public Law No. 97-424,	18818
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	18819
the rules adopted thereunder. The regional transit authority also	18820
may give preference to providers of goods produced in and services	18821
provided in labor surplus areas as defined by the United States	18822
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	18823
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	18824

(H) Competitive procedures under this section are not	18825
required in any of the following circumstances:	18826

(1) The board of trustees of a regional transit authority, by	18827
a two-thirds affirmative vote of its members, determines that a	18828
real and present emergency exists under any of the following	18829
conditions, and the board enters its determination and the reasons	18830
for it in its proceedings:	18831

(a) Affecting safety, welfare, or the ability to deliver	18832
transportation services;	18833

(b) Arising out of an interruption of contracts essential to	18834
the provision of daily transit services;	18835

(c) Involving actual physical damage to structures, supplies,	18836
equipment, or property.	18837

(2) The purchase consists of goods or services, or any	18838
combination thereof, and after reasonable inquiry the board or any	18839
officer or employee the board designates finds that only one	18840
source of supply is reasonably available.	18841

(3) The expenditure is for a renewal or renegotiation of a	18842
lease or license for telecommunications or electronic data	18843
processing equipment, services, or systems, or for the upgrade of	18844
such equipment, services, or systems, or for the maintenance	18845
thereof as supplied by the original source or its successors or	18846
assigns.	18847

(4) The purchase of goods or services is made from another	18848
political subdivision, public agency, public transit system,	18849
regional transit authority, the state, or the federal government,	18850
or as a third-party beneficiary under a state or federal	18851
procurement contract, or as a participant in a department of	18852
administrative services contract under division (B) of section	18853
125.04 of the Revised Code.	18854

(5) The sale and leaseback or lease and leaseback of transit	18855
facilities is made as provided in division (AA) of section 306.35	18856
of the Revised Code.	18857

(6) The purchase substantially involves services of a	18858
personal, professional, highly technical, or scientific nature,	18859
including but not limited to the services of an attorney,	18860
physician, surveyor, appraiser, investigator, court reporter,	18861
adjuster, advertising consultant, or licensed broker, or involves	18862
the special skills or proprietary knowledge required for the	18863
servicing of specialized equipment owned by the regional transit	18864
authority.	18865

(7) Services or supplies are available from a qualified	18866
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	18867
Revised Code.	18868

(8) The purchase consists of the product or services of a	18869
public utility.	18870

(9) The purchase is for the services of individuals with	18871
disabilities to work in the authority's commissaries or	18872
cafeterias, and those individuals are supplied by a nonprofit	18873
corporation or association whose purpose is to assist individuals	18874
with disabilities, whether or not that corporation or association	18875
is funded entirely or in part by the federal government, or the	18876
purchase is for services provided by a nonprofit corporation or	18877
association whose purpose is to assist individuals with	18878
disabilities, whether or not that corporation or association is	18879
funded entirely or in part by the federal government. For purposes	18880
of division (H)(9) of this section, "disability" has the same	18881
meaning as in section 4112.01 of the Revised Code.	18882

(I) A regional transit authority may enter into blanket	18883
purchase agreements for purchases of maintenance, operating, or	18884
repair goods or services where the item cost does not exceed five	18885
hundred dollars and the annual expenditure does not exceed one	18886
hundred thousand dollars.	18887

(J) Nothing contained in this section prohibits a regional	18888
transit authority from participating in intergovernmental	18889
cooperative purchasing arrangements.	18890

(K) Except as otherwise provided in this chapter, a regional	18891
transit authority shall make a sale or other disposition of	18892
property through full and open competition. Except as provided in	18893
division (L) of this section, all dispositions of personal	18894
property and all grants of real property for terms exceeding five	18895
years shall be made by public auction or competitive procedure.	18896

(L) The competitive procedures required by division (K) of	18897
this section are not required in any of the following	18898
circumstances:	18899

(1) The grant is a component of a joint development between	18900
public and private entities and is intended to enhance or benefit	18901
public transit.	18902

(2) The grant of a limited use or of a license affecting land	18903
is made to an owner of abutting real property.	18904

(3) The grant of a limited use is made to a public utility.

18905

(4) The grant or disposition is to a department of the	18906
federal or state government, to a political subdivision of the	18907
state, or to any other governmental entity.	18908

(5) Used equipment is traded on the purchase of equipment and	18909
the value of the used equipment is a price-related factor in the	18910
basis for award for the purchase.	18911

(6) The value of the personal property is such that	18912
competitive procedures are not appropriate and the property either	18913
is sold at its fair market value or is disposed of by gift to a	18914
nonprofit entity having the general welfare or education of the	18915
public as one of its principal objects.	18916

(M) The board of trustees of a regional transit authority,	18917
when making a contract funded exclusively by state or local moneys	18918
or any combination thereof, shall make a good faith effort to use	18919
disadvantaged business enterprise participation to the same extent	18920
required under Section 105(f) of the "Surface Transportation	18921
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	18922
Section 106(c) of the "Surface Transportation and Uniform	18923
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	18924
Stat. 145, and the rules adopted thereunder.	18925

(N) As used in this section:

18926

(1) "Goods" means all things, including specially	18927
manufactured goods, that are movable at the time of identification	18928
to the contract for sale other than the money in which the price	18929
is to be paid, investment securities, and things in action.	18930
"Goods" also includes other identified things attached to realty	18931
as described in section 1302.03 of the Revised Code.	18932

(2) "Services" means the furnishing of labor, time, or effort	18933
by a contractor, not involving the delivery of goods or reports	18934
other than goods or reports that are merely incidental to the	18935
required performance, including but not limited to insurance,	18936
bonding, or routine operation, routine repair, or routine	18937
maintenance of existing structures, buildings, real property, or	18938
equipment, but does not include employment agreements, collective	18939
bargaining agreements, or personal services.	18940

(3) "Construction" means the process of building, altering,	18941
repairing, improving, painting, decorating, or demolishing any	18942
structure or building, or other improvements of any kind to any	18943
real property owned or leased by a regional transit authority.	18944

(4) "Full and open competition" has the same meaning as in	18945
the "Office of Federal Procurement Policy Act," Public Law No.	18946
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	18947

(5) A bidder is "responsive" if, applying the criteria of	18948
division (A) of section 9.312 of the Revised Code, the bidder is	18949
"responsive" as described in that section.	18950

(6) A bidder is "responsible" if, applying the criteria of	18951
division ~~(A)~~(B) of section 9.312 of the Revised Code and of the	18952
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	18953
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	18954
"responsible" as described in those sections.	18955

Sec. 306.55. Beginning July 1, 2011 and until November 5,	18956
2013, any municipal corporation or township that has created or	18957
joined a regional transit authority that levies a property tax and	18958
that includes in its membership political subdivisions that are	18959
located in a county having a population of at least four hundred	18960
thousand according to the most recent federal census, may withdraw	18961
from the regional transit authority in the manner provided in this	18962
section. The legislative authority of the municipal corporation or	18963
board of township trustees of the township proposing to withdraw	18964
shall adopt a resolution to submit the question of withdrawing	18965
from the regional transit authority to the electors of the	18966
territory to be withdrawn and shall certify the proposal to the	18967
board of elections for the purpose of having the proposal placed	18968
on the ballot at the next general election or at a special	18969
election conducted on the day of the next primary election that	18970
occurs not less than seventy-five days after the resolution is	18971
certified to the board of elections.	18972

Upon certification of a proposal to the board of elections	18973
pursuant to this section, the board of elections shall make the	18974
necessary arrangements for the submission of the question to the	18975
electors of the territory to be withdrawn from the regional	18976
transit authority qualified to vote on the question, and the	18977
election shall be held, canvassed, and certified in the same	18978
manner as regular elections for the election of officers of the	18979
subdivision proposing to withdraw from the regional transit	18980
authority, except that the question appearing on the ballot shall	18981
read:	18982

"Shall the territory within the .........................	18983
(Name of political subdivision to be withdrawn) be withdrawn from	18984
......................... ......... (Name) regional transit	18985
authority?"	18986

If the question is approved by at least a majority of the	18987
electors voting on the question, the withdrawal is effective six	18988
months from the date of the certification of its passage.	18989

The board of elections to which the resolution was certified	18990
shall certify the results of the election to the board or	18991
legislative authority of the subdivision that submitted the	18992
resolution to withdraw and to the board of trustees of the	18993
regional transit authority from which the subdivision proposed to	18994
withdraw.	18995

If the question of withdrawing from the regional transit	18996
authority is approved, the power of the regional transit authority	18997
to levy a tax on taxable property in the withdrawing subdivision	18998
terminates.	18999

Sec. 306.551. Any municipal corporation or township that	19000
withdraws from a regional transit authority under section 306.55	19001
of the Revised Code may enter into a contract with a regional	19002
transit authority or other provider of transit services to provide	19003
transportation service for handicapped, disabled, or elderly	19004
persons and for any other service the legislative authority of the	19005
municipal corporation or township may determine to be appropriate.	19006

Sec. 306.70. A tax proposed to be levied by a board of	19007
county commissioners or by the board of trustees of a regional	19008
transit authority pursuant to sections 5739.023 and 5741.022 of	19009
the Revised Code shall not become effective until it is submitted	19010
to the electors residing within the county or within the	19011
territorial boundaries of the regional transit authority and	19012
approved by a majority of the electors voting on it. Such question	19013
shall be submitted at a general election or at a special election	19014
on a day specified in the resolution levying the tax and occurring	19015
not less than ninety days after such resolution is certified to	19016
the board of elections, in accordance with section 3505.071 of the	19017
Revised Code.	19018

The board of elections of the county or of each county in	19019
which any territory of the regional transit authority is located	19020
shall make the necessary arrangements for the submission of such	19021
question to the electors of the county or regional transit	19022
authority, and the election shall be held, canvassed, and	19023
certified in the same manner as regular elections for the election	19024
of county officers. Notice of the election shall be published in	19025
~~one or more newspapers which in the aggregate are~~a newspaper of	19026
general circulation in the territory of the county or of the	19027
regional transit authority once a week for two consecutive weeks	19028
prior to the election ~~and, if~~or as provided in section 7.16 of	19029
the Revised Code. If the board of elections operates and maintains	19030
a web site, notice of the election also shall be posted on that	19031
web site for thirty days prior to the election. The notice shall	19032
state the type, rate, and purpose of the tax to be levied, the	19033
length of time during which the tax will be in effect, and the	19034
time and place of the election.	19035

More than one such question may be submitted at the same	19036
election. The form of the ballots cast at such election shall be:	19037

"Shall a(n) ................ (sales and use) .............	19038
tax be levied for all transit purposes of the ..................	19039
(here insert name of the county or regional transit authority) at	19040
a rate not exceeding ................... (here insert percentage)	19041
per cent for ................ (here insert number of years the tax	19042
is to be in effect, or that it is to be in effect for a continuing	19043
period of time)?"	19044

If the tax proposed to be levied is a continuation of an	19045
existing tax, whether at the same rate or at an increased or	19046
reduced rate, or an increase in the rate of an existing tax, the	19047
notice and ballot form shall so state.	19048

The board of elections to which the resolution was certified	19049
shall certify the results of the election to the county auditor of	19050
the county or secretary-treasurer of the regional transit	19051
authority levying the tax and to the tax commissioner of the	19052
state.	19053

Sec. 307.022. (A) The board of county commissioners of any	19054
county may do both of the following without following the	19055
competitive bidding requirements of section 307.86 of the Revised	19056
Code:	19057

(1) Enter into a lease, including a lease with an option to	19058
purchase, of correctional facilities for a term not in excess of	19059
forty years. Before entering into the lease, the board shall	19060
publish, once a week for three consecutive weeks in a newspaper of	19061
general circulation in the county or as provided in section 7.16	19062
of the Revised Code, a notice that the board is accepting	19063
proposals for a lease pursuant to this division. The notice shall	19064
state the date before which the proposals are required to be	19065
submitted in order to be considered by the board.	19066

(2) Subject to compliance with this section, grant leases,	19067
easements, and licenses with respect to, or sell, real property	19068
owned by the county if the real property is to be leased back by	19069
the county for use as correctional facilities.	19070

The lease under division (A)(1) of this section shall require	19071
the county to contract, in accordance with Chapter 153., sections	19072
307.86 to 307.92, and Chapter 4115. of the Revised Code, for the	19073
construction, improvement, furnishing, and equipping of	19074
correctional facilities to be leased pursuant to this section.	19075
Prior to the board's execution of the lease, it may require the	19076
lessor under the lease to cause sufficient money to be made	19077
available to the county to enable the county to comply with the	19078
certification requirements of division (D) of section 5705.41 of	19079
the Revised Code.	19080

A lease entered into pursuant to division (A)(1) of this	19081
section by a board may provide for the county to maintain and	19082
repair the correctional facility during the term of the leasehold,	19083
may provide for the county to make rental payments prior to or	19084
after occupation of the correctional facilities by the county, and	19085
may provide for the board to obtain and maintain any insurance	19086
that the lessor may require, including, but not limited to, public	19087
liability, casualty, builder's risk, and business interruption	19088
insurance. The obligations incurred under a lease entered into	19089
pursuant to division (A)(1) of this section shall not be	19090
considered to be within the debt limitations of section 133.07 of	19091
the Revised Code.	19092

(B) The correctional facilities leased under division (A)(1)	19093
of this section may include any or all of the following:	19094

(1) Facilities in which one or more other governmental	19095
entities are participating or in which other facilities of the	19096
county are included;	19097

(2) Facilities acquired, constructed, renovated, or financed	19098
by the Ohio building authority and leased to the county pursuant	19099
to section 307.021 of the Revised Code;	19100

(3) Correctional facilities that are under construction or	19101
have been completed and for which no permanent financing has been	19102
arranged.	19103

19104

(1) "Correctional facilities" includes, but is not limited	19105
to, jails, detention facilities, workhouses, community-based	19106
correctional facilities, and family court centers.	19107

(2) "Construction" has the same meaning as in division (B) of	19108
section 4115.03 of the Revised Code.	19109

Sec. 307.041. (A) As used in this section, "energy	19110
conservation measure" means an installation or modification of an	19111
installation in, or remodeling of, an existing building, to reduce	19112
energy consumption. "Energy conservation measure" includes the	19113
following:	19114

(1) Insulation of the building structure and of systems	19115
within the building;	19116

(2) Storm windows and doors, multiglazed windows and doors,	19117
heat-absorbing or heat-reflective glazed and coated window and	19118
door systems, additional glazing, reductions in glass area, and	19119
other window and door system modifications that reduce energy	19120
consumption;	19121

(3) Automatic energy control systems;

19122

(4) Heating, ventilating, or air conditioning system	19123
modifications or replacements;	19124

(5) Caulking and weatherstripping;

19125

(6) Replacement or modification of lighting fixtures to	19126
increase the energy efficiency of the system without increasing	19127
the overall illumination of a facility, unless such an increase in	19128
illumination is necessary to conform to the applicable state or	19129
local building code for the proposed lighting system;	19130

(7) Energy recovery systems;

19131

(8) Cogeneration systems that produce steam or forms of	19132
energy such as heat, as well as electricity, for use primarily	19133
within a building or complex of buildings;	19134

(9) Acquiring, constructing, furnishing, equipping, improving	19135
the site of, and otherwise improving a central utility plant to	19136
provide heating and cooling services to a building or buildings	19137
together with distribution piping and ancillary distribution	19138
controls, equipment, and related facilities from the central	19139
utility plant to the building or buildings;	19140

(10) Any other modification, installation, or remodeling	19141
approved by the board of county commissioners as an energy	19142
conservation measure.	19143

(B) For the purpose of evaluating county buildings for energy	19144
conservation measures, a county may contract with an architect,	19145
professional engineer, energy services company, contractor, or	19146
other person experienced in the design and implementation of	19147
energy conservation measures for an energy conservation report.	19148
The report shall include all of the following:	19149

(1) Analyses of the buildings' energy needs and	19150
recommendations for building installations, modifications of	19151
existing installations, or building remodeling that would	19152
significantly reduce energy consumption in the buildings owned by	19153
that county;	19154

(2) Estimates of all costs of those installations, those	19155
modifications, or that remodeling, including costs of design,	19156
engineering, installation, maintenance, and repairs;	19157

(3) Estimates of the amounts by which energy consumption	19158
could be reduced;	19159

(4) The interest rate used to estimate the costs of any	19160
energy conservation measures that are to be financed;	19161

(5) The average system life of the energy conservation	19162
measures;	19163

(6) Estimates of the likely savings that will result from the	19164
reduction in energy consumption over the average system life of	19165
the energy conservation measure, including the methods used to	19166
estimate the savings;	19167

(7) A certification under the seal of a registered	19168
professional engineer that the energy conservation report uses	19169
reasonable methods of analysis and estimation.	19170

(C)(1) A county desiring to implement energy conservation	19171
measures may proceed under either of the following methods:	19172

(a) Using a report or any part of an energy conservation	19173
report prepared under division (B) of this section, advertise for	19174
bids and, except as otherwise provided in this section, comply	19175
with sections 307.86 to 307.92 of the Revised Code;	19176

(b) Notwithstanding sections 307.86 to 307.92 of the Revised	19177
Code, request proposals from at least three vendors for the	19178
implementation of energy conservation measures. A request for	19179
proposals shall require the installer that is awarded a contract	19180
under division (C)(2)(b) of this section to prepare an energy	19181
conservation report in accordance with division (B) of this	19182
section. Prior to sending any installer of energy conservation	19183
measures a copy of any request for proposals, the county shall	19184
advertise its intent to request proposals for the installation of	19185
energy conservation measures in a newspaper of general circulation	19186
in the county once a week for two consecutive weeks or as	19187
provided in section 7.16 of the Revised Code. The notice shall	19188
state that the county intends to request proposals for the	19189
installation of energy conservation measures; indicate the date,	19190
which shall be at least ten days after the second publication, on	19191
which the request for proposals will be mailed to installers of	19192
energy conservation measures; and state that any installer of	19193
energy conservation measures interested in receiving the request	19194
for proposals shall submit written notice to the county not later	19195
than noon of the day on which the request for proposals will be	19196
mailed.	19197

(2)(a) Upon receiving bids under division (C)(1)(a) of this	19198
section, the county shall analyze them and select the lowest and	19199
best bid or bids most likely to result in the greatest energy	19200
savings considering the cost of the project and the county's	19201
ability to pay for the improvements with current revenues or by	19202
financing the improvements.	19203

(b) Upon receiving proposals under division (C)(1)(b) of this	19204
section, the county shall analyze the proposals and the	19205
installers' qualifications and select the most qualified installer	19206
to prepare an energy conservation report in accordance with	19207
division (B) of this section. After receipt and review of the	19208
energy conservation report, the county may award a contract to the	19209
selected installer to install the energy conservation measures	19210
that are most likely to result in the greatest energy savings	19211
considering the cost of the project and the county's ability to	19212
pay for the improvements with current revenues or by financing the	19213
improvements.	19214

(c) The awarding of a contract to install energy conservation	19215
measures under division (C)(2)(a) or (b) of this section shall be	19216
conditioned upon a finding by the contracting authority that the	19217
amount of money spent on the energy conservation measures is not	19218
likely to exceed the amount of money the county would save in	19219
energy, operating, maintenance, and avoided capital costs over the	19220
average system life of the energy conservation measures as	19221
specified in the energy conservation report. In making such a	19222
finding, the contracting authority may take into account increased	19223
costs due to inflation as shown in the energy conservation report.	19224
Nothing in this division prohibits a county from rejecting all	19225
bids or proposals under division (C)(1)(a) or (b) of this section	19226
or from selecting more than one bid or proposal.	19227

(D) A board of county commissioners may enter into an	19228
installment payment contract for the purchase and installation of	19229
energy conservation measures. Provisions of installment payment	19230
contracts that deal with interest charges and financing terms	19231
shall not be subject to the competitive bidding requirements of	19232
section 307.86 of the Revised Code, and shall be on the following	19233
terms:	19234

(1) Not less than a specified percentage, as determined and	19235
approved by the board of county commissioners, of the costs of the	19236
contract shall be paid within two years from the date of purchase.	19237

(2) The remaining balance of the costs of the contract shall	19238
be paid within the lesser of the average system life of the energy	19239
conservation measures as specified in the energy conservation	19240
report or thirty years.	19241

(E) The board of county commissioners may issue the notes of	19242
the county specifying the terms of a purchase of energy	19243
conservation measures under this section and securing any deferred	19244
payments provided for in division (D) of this section. The notes	19245
shall be payable at the times provided and bear interest at a rate	19246
not exceeding the rate determined as provided in section 9.95 of	19247
the Revised Code. The notes may contain an option for prepayment	19248
and shall not be subject to Chapter 133. of the Revised Code.	19249
Revenues derived from local taxes or otherwise for the purpose of	19250
conserving energy or for defraying the current operating expenses	19251
of the county may be pledged and applied to the payment of	19252
interest and the retirement of the notes. The notes may be sold at	19253
private sale or given to the contractor under an installment	19254
payment contract authorized by division (D) of this section.	19255

(F) Debt incurred under this section shall not be included in	19256
the calculation of the net indebtedness of a county under section	19257
133.07 of the Revised Code.	19258

Sec. 307.10. (A) No sale of real property, or lease of real	19259
property used or to be used for the purpose of airports, landing	19260
fields, or air navigational facilities, or parts thereof, as	19261
provided by section 307.09 of the Revised Code shall be made	19262
unless it is authorized by a resolution adopted by a majority of	19263
the board of county commissioners. When a sale of real property as	19264
provided by section 307.09 of the Revised Code is authorized, the	19265
board may either deed the property to the highest responsible	19266
bidder, after advertisement once a week for four consecutive weeks	19267
in a newspaper of general circulation in the county or as provided	19268
in section 7.16 of the Revised Code, or offer the real property	19269
for sale at a public auction, after giving at least thirty days'	19270
notice of the auction by publication in a newspaper of general	19271
circulation in the county. The board may reject any and all bids.	19272
The board may, as it considers best, sell real property pursuant	19273
to this section as an entire tract or in parcels. The board, by	19274
resolution adopted by a majority of the board, may lease real	19275
property, in accordance with division (A) of section 307.09 of the	19276
Revised Code, without advertising for bids.	19277

(B) The board, by resolution, may transfer real property in	19278
fee simple belonging to the county and not needed for public use	19279
to the United States government, to the state or any department or	19280
agency thereof, to municipal corporations or other political	19281
subdivisions of the state, to the county board of developmental	19282
disabilities, or to a county land reutilization corporation	19283
organized under Chapter 1724. of the Revised Code for public	19284
purposes upon the terms and in the manner that it may determine to	19285
be in the best interests of the county, without advertising for	19286
bids. The board shall execute a deed or other proper instrument	19287
when such a transfer is approved.	19288

(C) The board, by resolution adopted by a majority of the	19289
board, may grant leases, rights, or easements to the United States	19290
government, to the state or any department or agency thereof, or	19291
to municipal corporations and other political subdivisions of the	19292
state, or to privately owned electric light and power companies,	19293
natural gas companies, or telephone or telegraph companies for	19294
purposes of rendering their several public utilities services, in	19295
accordance with division (B) of section 307.09 of the Revised	19296
Code, without advertising for bids. When such grant of lease,	19297
right, or easement is authorized, a deed or other proper	19298
instrument therefor shall be executed by the board.	19299

Sec. 307.12. (A) Except as otherwise provided in divisions	19300
(D), (E), and (G) of this section, when the board of county	19301
commissioners finds, by resolution, that the county has personal	19302
property, including motor vehicles acquired for the use of county	19303
officers and departments, and road machinery, equipment, tools, or	19304
supplies, that is not needed for public use, is obsolete, or is	19305
unfit for the use for which it was acquired, and when the fair	19306
market value of the property to be sold or donated under this	19307
division is, in the opinion of the board, in excess of two	19308
thousand five hundred dollars, the board may do either of the	19309
following:	19310

(1) Sell the property at public auction or by sealed bid to	19311
the highest bidder. Notice of the time, place, and manner of the	19312
sale shall be published in a newspaper of general circulation in	19313
the county at least ten days prior to the sale, and a typewritten	19314
or printed notice of the time, place, and manner of the sale shall	19315
be posted at least ten days before the sale in the offices of the	19316
county auditor and the board of county commissioners.	19317

If a board conducts a sale of property by sealed bid, the	19318
form of the bid shall be as prescribed by the board, and each bid	19319
shall contain the name of the person submitting it. Bids received	19320
shall be opened and tabulated at the time stated in the notice.	19321
The property shall be sold to the highest bidder, except that the	19322
board may reject all bids and hold another sale, by public auction	19323
or sealed bid, in the manner prescribed by this section.	19324

(2) Donate any motor vehicle that does not exceed four	19325
thousand five hundred dollars in value to a nonprofit organization	19326
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	19327
and (c)(3) for the purpose of meeting the transportation needs of	19328
participants in the Ohio works first program established under	19329
Chapter 5107. of the Revised Code and participants in the	19330
prevention, retention, and contingency program established under	19331
Chapter 5108. of the Revised Code.	19332

(B) When the board of county commissioners finds, by	19333
resolution, that the county has personal property, including motor	19334
vehicles acquired for the use of county officers and departments,	19335
and road machinery, equipment, tools, or supplies, that is not	19336
needed for public use, is obsolete, or is unfit for the use for	19337
which it was acquired, and when the fair market value of the	19338
property to be sold or donated under this division is, in the	19339
opinion of the board, two thousand five hundred dollars or less,	19340
the board may do either of the following:	19341

(1) Sell the property by private sale, without advertisement	19342
or public notification;	19343

(2) Donate the property to an eligible nonprofit organization	19344
that is located in this state and is exempt from federal income	19345
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating	19346
any property under this division, the board shall adopt a	19347
resolution expressing its intent to make unneeded, obsolete, or	19348
unfit-for-use county personal property available to these	19349
organizations. The resolution shall include guidelines and	19350
procedures the board considers necessary to implement a donation	19351
program under this division and shall indicate whether the county	19352
will conduct the donation program or the board will contract with	19353
a representative to conduct it. If a representative is known when	19354
the resolution is adopted, the resolution shall provide contact	19355
information such as the representative's name, address, and	19356
telephone number.	19357

The resolution shall include within its procedures a	19358
requirement that any nonprofit organization desiring to obtain	19359
donated property under this division shall submit a written notice	19360
to the board or its representative. The written notice shall	19361
include evidence that the organization is a nonprofit organization	19362
that is located in this state and is exempt from federal income	19363
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	19364
the organization's primary purpose; a description of the type or	19365
types of property the organization needs; and the name, address,	19366
and telephone number of a person designated by the organization's	19367
governing board to receive donated property and to serve as its	19368
agent.	19369

After adoption of the resolution, the board shall publish, in	19370
a newspaper of general circulation in the county, notice of its	19371
intent to donate unneeded, obsolete, or unfit-for-use county	19372
personal property to eligible nonprofit organizations. The notice	19373
shall include a summary of the information provided in the	19374
resolution and shall be published ~~at least~~ twice or as provided in	19375
section 7.16 of the Revised Code. The second and any subsequent	19376
notice shall be published not less than ten nor more than twenty	19377
days after the previous notice. A similar notice also shall be	19378
posted continually in a conspicuous place in the offices of the	19379
county auditor and the board of county commissioners~~, and, if~~. If	19380
the county maintains a web site on the internet, the notice shall	19381
be posted continually at that web site.	19382

The board or its representative shall maintain a list of all	19383
nonprofit organizations that notify the board or its	19384
representative of their desire to obtain donated property under	19385
this division and that the board or its representative determines	19386
to be eligible, in accordance with the requirements set forth in	19387
this section and in the donation program's guidelines and	19388
procedures, to receive donated property.	19389

The board or its representatives also shall maintain a list	19390
of all county personal property the board finds to be unneeded,	19391
obsolete, or unfit for use and to be available for donation under	19392
this division. The list shall be posted continually in a	19393
conspicuous location in the offices of the county auditor and the	19394
board of county commissioners, and, if the county maintains a web	19395
site on the internet, the list shall be posted continually at that	19396
web site. An item of property on the list shall be donated to the	19397
eligible nonprofit organization that first declares to the board	19398
or its representative its desire to obtain the item unless the	19399
board previously has established, by resolution, a list of	19400
eligible nonprofit organizations that shall be given priority with	19401
respect to the item's donation. Priority may be given on the basis	19402
that the purposes of a nonprofit organization have a direct	19403
relationship to specific public purposes of programs provided or	19404
administered by the board. A resolution giving priority to certain	19405
nonprofit organizations with respect to the donation of an item of	19406
property shall specify the reasons why the organizations are given	19407
that priority.	19408

(C) Members of the board of county commissioners shall	19409
consult with the Ohio ethics commission, and comply with the	19410
provisions of Chapters 102. and 2921. of the Revised Code, with	19411
respect to any sale or donation under division (A) or (B) of this	19412
section to a nonprofit organization of which a county	19413
commissioner, any member of the county commissioner's family, or	19414
any business associate of the county commissioner is a trustee,	19415
officer, board member, or employee.	19416

(D) Notwithstanding anything to the contrary in division (A),	19417
(B), or (E) of this section and regardless of the property's	19418
value, the board of county commissioners may sell or donate county	19419
personal property, including motor vehicles, to the federal	19420
government, the state, any political subdivision of the state, or	19421
a county land reutilization corporation without advertisement or	19422
public notification.	19423

(E) Notwithstanding anything to the contrary in division (A),	19424
(B), or (G) of this section and regardless of the property's	19425
value, the board of county commissioners may sell personal	19426
property, including motor vehicles acquired for the use of county	19427
officers and departments, and road machinery, equipment, tools, or	19428
supplies, that is not needed for public use, is obsolete, or is	19429
unfit for the use for which it was acquired, by internet auction.	19430
The board shall adopt, during each calendar year, a resolution	19431
expressing its intent to sell that property by internet auction.	19432
The resolution shall include a description of how the auctions	19433
will be conducted and shall specify the number of days for bidding	19434
on the property, which shall be no less than ten days, including	19435
Saturdays, Sundays, and legal holidays. The resolution shall	19436
indicate whether the county will conduct the auction or the board	19437
will contract with a representative to conduct the auction and	19438
shall establish the general terms and conditions of sale. If a	19439
representative is known when the resolution is adopted, the	19440
resolution shall provide contact information such as the	19441
representative's name, address, and telephone number.	19442

After adoption of the resolution, the board shall publish, in	19443
a newspaper of general circulation in the county, notice of its	19444
intent to sell unneeded, obsolete, or unfit-for-use county	19445
personal property by internet auction. The notice shall include a	19446
summary of the information provided in the resolution and shall be	19447
published ~~at least~~ twice or as provided in section 7.16 of the	19448
Revised Code. The second and any subsequent notice shall be	19449
published not less than ten nor more than twenty days after the	19450
previous notice. A similar notice also shall be posted continually	19451
throughout the calendar year in a conspicuous place in the offices	19452
of the county auditor and the board of county commissioners~~, and,~~	19453
if. If the county maintains a web site on the internet, the notice	19454
shall be posted continually throughout the calendar year at that	19455
web site.	19456

When property is to be sold by internet auction, the board or	19457
its representative may establish a minimum price that will be	19458
accepted for specific items and may establish any other terms and	19459
conditions for the particular sale, including requirements for	19460
pick-up or delivery, method of payment, and sales tax. This type	19461
of information shall be provided on the internet at the time of	19462
the auction and may be provided before that time upon request	19463
after the terms and conditions have been determined by the board	19464
or its representative.	19465

(F) When a county officer or department head determines that	19466
county-owned personal property under the jurisdiction of the	19467
officer or department head, including motor vehicles, road	19468
machinery, equipment, tools, or supplies, is not of immediate	19469
need, the county officer or department head may notify the board	19470
of county commissioners, and the board may lease that personal	19471
property to any municipal corporation, township, other political	19472
subdivision of the state, or to a county land reutilization	19473
corporation. The lease shall require the county to be reimbursed	19474
under terms, conditions, and fees established by the board, or	19475
under contracts executed by the board.	19476

(G) If the board of county commissioners finds, by	19477
resolution, that the county has vehicles, equipment, or machinery	19478
that is not needed, or is unfit for public use, and the board	19479
desires to sell the vehicles, equipment, or machinery to the	19480
person or firm from which it proposes to purchase other vehicles,	19481
equipment, or machinery, the board may offer to sell the vehicles,	19482
equipment, or machinery to that person or firm, and to have the	19483
selling price credited to the person or firm against the purchase	19484
price of other vehicles, equipment, or machinery.	19485

(H) If the board of county commissioners advertises for bids	19486
for the sale of new vehicles, equipment, or machinery to the	19487
county, it may include in the same advertisement a notice of the	19488
willingness of the board to accept bids for the purchase of	19489
county-owned vehicles, equipment, or machinery that is obsolete or	19490
not needed for public use, and to have the amount of those bids	19491
subtracted from the selling price of the other vehicles,	19492
equipment, or machinery as a means of determining the lowest	19493
responsible bidder.	19494

(I) If a board of county commissioners determines that county	19495
personal property is not needed for public use, or is obsolete or	19496
unfit for the use for which it was acquired, and that the property	19497
has no value, the board may discard or salvage that property.	19498

(J) A county engineer, in the engineer's discretion, may	19499
dispose of scrap construction materials on such terms as the	19500
engineer determines reasonable, including disposal without	19501
recovery of costs, if the total value of the materials does not	19502
exceed twenty-five thousand dollars. The engineer shall maintain	19503
records of all dispositions made under this division, including	19504
identification of the origin of the materials, the final	19505
disposition, and copies of all receipts resulting from the	19506
dispositions.	19507

As used in division (I) of this section, "scrap construction	19508
materials" means construction materials that result from a road or	19509
bridge improvement, remain after the improvement is completed, and	19510
are not reusable. Construction material that is metal and that	19511
results from a road or bridge improvement and remains after the	19512
improvement is completed is scrap construction material only if it	19513
cannot be used in any other road or bridge improvement or other	19514
project in its current state.	19515

Sec. 307.676. (A) As used in this section:

19516

(1) "Food and beverages" means any raw, cooked, or processed	19517
edible substance used or intended for use in whole or in part for	19518
human consumption, including ice, water, spirituous liquors, wine,	19519
mixed beverages, beer, soft drinks, soda, and other beverages.	19520

(2) "Convention facilities authority" has the same meaning as	19521
in section 351.01 of the Revised Code.	19522

(3) "Convention center" has the same meaning as in section	19523
307.695 of the Revised Code.	19524

(B) The legislative authority of a county with a population	19525
of one million or more according to the most recent federal	19526
decennial census may, by resolution adopted on or before August	19527
30, 2004, by a majority of the members of the legislative	19528
authority and with the subsequent approval of a majority of the	19529
electors of the county voting upon it, levy a tax of not more than	19530
two per cent on every retail sale in the county of food and	19531
beverages to be consumed on the premises where sold to pay the	19532
expenses of administering the tax and to provide revenues for the	19533
county general fund. Such resolution shall direct the board of	19534
elections to submit the question of levying the tax to the	19535
electors of the county at the next primary or general election in	19536
the county occurring not less than ninety days after the	19537
resolution is certified to the board of elections, and such	19538
resolution may further direct the board of elections to include	19539
upon the ballot submitted to the electors any specific purposes	19540
for which the tax will be used. The legislative authority shall	19541
establish all regulations necessary to provide for the	19542
administration and allocation of the tax. The regulations may	19543
prescribe the time for payment of the tax and may provide for	19544
imposition of a penalty, interest, or both for late payments,	19545
provided that any such penalty may not exceed ten per cent of the	19546
amount of tax due and the rate at which interest accrues may not	19547
exceed the rate per annum required under section 5703.47 of the	19548
Revised Code.	19549

(C) A tax levied under this section shall remain in effect	19550
for the period of time specified in the resolution or ordinance	19551
levying the tax, but in no case for a longer period than forty	19552
years.	19553

(D) A tax levied under this section is in addition to any	19554
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	19555
or any other chapter of the Revised Code. "Price," as defined in	19556
sections 5739.01 and 5741.01 of the Revised Code, does not include	19557
any tax levied under this section and any tax levied under this	19558
section does not include any tax imposed under Chapter 5739. or	19559
5741. of the Revised Code.	19560

(E)(1) No amount collected from a tax levied under this	19561
section shall be contributed to a convention facilities authority,	19562
corporation, or other entity created after July 1, 2003, for the	19563
principal purpose of constructing, improving, expanding,	19564
equipping, financing, or operating a convention center unless the	19565
mayor of the municipal corporation in which the convention center	19566
is to be operated by that convention facilities authority,	19567
corporation, or other entity has consented to the creation of that	19568
convention facilities authority, corporation, or entity.	19569
Notwithstanding any contrary provision of section 351.04 of the	19570
Revised Code, if a tax is levied by a county under this section,	19571
the board of county commissioners of that county may determine the	19572
manner of selection, the qualifications, the number, and terms of	19573
office of the members of the board of directors of any convention	19574
facilities authority, corporation, or other entity described in	19575
division (E)(1) of this section.	19576

(2)(a) No amount collected from a tax levied under this	19577
section may be used for any purpose other than paying the direct	19578
and indirect costs of constructing, improving, expanding,	19579
equipping, financing, or operating a convention center and for the	19580
real and actual costs of administering the tax, unless, prior to	19581
the adoption of the resolution of the legislative authority of the	19582
county directing the board of elections to submit the question of	19583
the levy, extension, or increase to the electors of the county,	19584
the county and the mayor of the most populous municipal	19585
corporation in that county have entered into an agreement as to	19586
the use of such amounts, provided that such agreement has been	19587
approved by a majority of the mayors of the other municipal	19588
corporations in that county. The agreement shall provide that the	19589
amounts to be used for purposes other than paying the convention	19590
center or administrative costs described in division (E)(2)(a) of	19591
this section be used only for the direct and indirect costs of	19592
capital improvements in accordance with the agreement, including	19593
the financing of capital improvements. Immediately following the	19594
execution of the agreement, the county shall:	19595

(i) In accordance with section 7.12 of the Revised Code,	19596
cause the agreement to be published ~~at least~~ once in a newspaper	19597
of general circulation in that county; or	19598

(ii) Post the agreement in at least five public places in the	19599
county, as determined by the legislative authority, for a period	19600
not less than fifteen days.	19601

(b) If the county in which the tax is levied has an	19602
association of mayors and city managers, the approval of that	19603
association of an agreement described in division (E)(2)(a) of	19604
this section shall be considered to be the approval of the	19605
majority of the mayors of the other municipal corporations for	19606
purposes of that division.	19607

(F) Each year, the auditor of state shall conduct an audit of	19608
the uses of any amounts collected from taxes levied under this	19609
section and shall prepare a report of the auditor of state's	19610
findings. The auditor of state shall submit the report to the	19611
legislative authority of the county that has levied the tax, the	19612
speaker of the house of representatives, the president of the	19613
senate, and the leaders of the minority parties of the house of	19614
representatives and the senate.	19615

(G) The levy of any taxes under Chapter 5739. of the Revised	19616
Code on the same transactions subject to a tax under this section	19617
does not prevent the levy of a tax under this section.	19618

Sec. 307.70. In any county electing a county charter	19619
commission, the board of county commissioners shall appropriate	19620
money for the expenses of such commission in the preparation of a	19621
county charter, or charter amendment, and the study of problems	19622
involved. No appropriation shall be made for the compensation of	19623
members of the commission for their services. The board shall	19624
appropriate money for the printing and mailing or otherwise	19625
distributing to each elector in the county, as far as may be	19626
reasonably possible, a copy of a charter submitted to the electors	19627
of the county by a charter commission or by the board pursuant to	19628
petition as provided by Section 4 of Article X, Ohio Constitution.	19629
The copy of the charter shall be mailed or otherwise distributed	19630
at least thirty days prior to the election. The board shall	19631
appropriate money for the printing and distribution or publication	19632
of proposed amendments to a charter submitted by a charter	19633
commission pursuant to Section 4 of Article X, Ohio Constitution.	19634
Notice of amendments to a county charter shall be given by mailing	19635
or otherwise distributing a copy of each proposed amendment to	19636
each elector in the county, as far as may be reasonably possible,	19637
at least thirty days prior to the election or, if the board so	19638
determines, by publishing the full text of the proposed amendments	19639
once a week for at least two consecutive weeks in a newspaper	19640
~~published in the county. If no newspaper is published in the~~	19641
~~county or the board is unable to obtain publication in a newspaper~~	19642
~~published in the county, the proposed amendments may be published~~	19643
~~in a newspaper~~ of general circulation within the county, or as	19644
provided in section 7.16 of the Revised Code. No public officer is	19645
precluded, because of being a public officer, from also holding	19646
office as a member of a county charter commission, except that not	19647
more than four officeholders may be elected to a county charter	19648
commission at the same time. No member of a county charter	19649
commission, because of charter commission membership, is precluded	19650
from seeking or holding other public office.	19651

Sec. 307.79. (A) The board of county commissioners may	19652
adopt, amend, and rescind rules establishing technically feasible	19653
and economically reasonable standards to achieve a level of	19654
management and conservation practices that will abate wind or	19655
water erosion of the soil or abate the degradation of the waters	19656
of the state by soil sediment in conjunction with land grading,	19657
excavating, filling, or other soil disturbing activities on land	19658
used or being developed for nonfarm commercial, industrial,	19659
residential, or other nonfarm purposes, and establish criteria for	19660
determination of the acceptability of those management and	19661
conservation practices. The rules shall be designed to implement	19662
the applicable areawide waste treatment management plan prepared	19663
under section 208 of the "Federal Water Pollution Control Act," 86	19664
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	19665
phase II of the storm water program of the national pollutant	19666
discharge elimination system established in 40 C.F.R. Part 122.	19667
The rules to implement phase II of the storm water program of the	19668
national pollutant discharge elimination system shall not be	19669
inconsistent with, more stringent than, or broader in scope than	19670
the rules or regulations adopted by the environmental protection	19671
agency under 40 C.F.R. Part 122. The rules adopted under this	19672
section shall not apply inside the limits of municipal	19673
corporations or the limits of townships with a limited home rule	19674
government that have adopted rules under section 504.21 of the	19675
Revised Code, to lands being used in a strip mine operation as	19676
defined in section 1513.01 of the Revised Code, or to land being	19677
used in a surface mine operation as defined in section 1514.01 of	19678
the Revised Code.	19679

The rules adopted under this section may require persons to	19680
file plans governing erosion control, sediment control, and water	19681
management before clearing, grading, excavating, filling, or	19682
otherwise wholly or partially disturbing one or more contiguous	19683
acres of land owned by one person or operated as one development	19684
unit for the construction of nonfarm buildings, structures,	19685
utilities, recreational areas, or other similar nonfarm uses. If	19686
the rules require plans to be filed, the rules shall do all of the	19687
following:	19688

(1) Designate the board itself, its employees, or another	19689
agency or official to review and approve or disapprove the plans;	19690

(2) Establish procedures and criteria for the review and	19691
approval or disapproval of the plans;	19692

(3) Require the designated entity to issue a permit to a	19693
person for the clearing, grading, excavating, filling, or other	19694
project for which plans are approved and to deny a permit to a	19695
person whose plans have been disapproved;	19696

(4) Establish procedures for the issuance of the permits;

19697

(5) Establish procedures under which a person may appeal the	19698
denial of a permit.	19699

Areas of less than one contiguous acre shall not be exempt	19700
from compliance with other provisions of this section or rules	19701
adopted under this section. The rules adopted under this section	19702
may impose reasonable filing fees for plan review, permit	19703
processing, and field inspections.	19704

No permit or plan shall be required for a public highway,	19705
transportation, or drainage improvement or maintenance project	19706
undertaken by a government agency or political subdivision in	19707
accordance with a statement of its standard sediment control	19708
policies that is approved by the board or the chief of the	19709
division of soil and water resources in the department of natural	19710
resources.	19711

(B) Rules or amendments may be adopted under this section	19712
only after public hearings at not fewer than two regular sessions	19713
of the board. The board of county commissioners shall cause to be	19714
published, in a newspaper of general circulation in the county,	19715
notice of the public hearings, including time, date, and place,	19716
once a week for two weeks immediately preceding the hearings, or	19717
as provided in section 7.16 of the Revised Code. The proposed	19718
rules or amendments shall be made available by the board to the	19719
public at the board office or other location indicated in the	19720
notice. The rules or amendments shall take effect on the	19721
thirty-first day following the date of their adoption.	19722

(C) The board of county commissioners may employ personnel to	19723
assist in the administration of this section and the rules adopted	19724
under it. The board also, if the action does not conflict with the	19725
rules, may delegate duties to review sediment control and water	19726
management plans to its employees, and may enter into agreements	19727
with one or more political subdivisions, other county officials,	19728
or other government agencies, in any combination, in order to	19729
obtain reviews and comments on plans governing erosion control,	19730
sediment control, and water management or to obtain other services	19731
for the administration of the rules adopted under this section.	19732

(D) The board of county commissioners or any duly authorized	19733
representative of the board may, upon identification to the owner	19734
or person in charge, enter any land upon obtaining agreement with	19735
the owner, tenant, or manager of the land in order to determine	19736
whether there is compliance with the rules adopted under this	19737
section. If the board or its duly authorized representative is	19738
unable to obtain such an agreement, the board or representative	19739
may apply for, and a judge of the court of common pleas for the	19740
county where the land is located may issue, an appropriate	19741
inspection warrant as necessary to achieve the purposes of this	19742
chapter.	19743

(E)(1) If the board of county commissioners or its duly	19744
authorized representative determines that a violation of the rules	19745
adopted under this section exists, the board or representative may	19746
issue an immediate stop work order if the violator failed to	19747
obtain any federal, state, or local permit necessary for sediment	19748
and erosion control, earth movement, clearing, or cut and fill	19749
activity. In addition, if the board or representative determines	19750
such a rule violation exists, regardless of whether or not the	19751
violator has obtained the proper permits, the board or	19752
representative may authorize the issuance of a notice of	19753
violation. If, after a period of not less than thirty days has	19754
elapsed following the issuance of the notice of violation, the	19755
violation continues, the board or its duly authorized	19756
representative shall issue a second notice of violation. Except as	19757
provided in division (E)(3) of this section, if, after a period of	19758
not less than fifteen days has elapsed following the issuance of	19759
the second notice of violation, the violation continues, the board	19760
or its duly authorized representative may issue a stop work order	19761
after first obtaining the written approval of the prosecuting	19762
attorney of the county if, in the opinion of the prosecuting	19763
attorney, the violation is egregious.	19764

Once a stop work order is issued, the board or its duly	19765
authorize representative shall request, in writing, the	19766
prosecuting attorney of the county to seek an injunction or other	19767
appropriate relief in the court of common pleas to abate excessive	19768
erosion or sedimentation and secure compliance with the rules	19769
adopted under this section. If the prosecuting attorney seeks an	19770
injunction or other appropriate relief, then, in granting relief,	19771
the court of common pleas may order the construction of sediment	19772
control improvements or implementation of other control measures	19773
and may assess a civil fine of not less than one hundred or more	19774
than five hundred dollars. Each day of violation of a rule or stop	19775
work order issued under this section shall be considered a	19776
separate violation subject to a civil fine.	19777

(2) The person to whom a stop work order is issued under this	19778
section may appeal the order to the court of common pleas of the	19779
county in which it was issued, seeking any equitable or other	19780
appropriate relief from that order.	19781

(3) No stop work order shall be issued under this section	19782
against any public highway, transportation, or drainage	19783
improvement or maintenance project undertaken by a government	19784
agency or political subdivision in accordance with a statement of	19785
its standard sediment control policies that is approved by the	19786
board or the chief of the division of soil and water resources in	19787
the department of natural resources.	19788

(F) No person shall violate any rule adopted or order issued	19789
under this section. Notwithstanding division (E) of this section,	19790
if the board of county commissioners determines that a violation	19791
of any rule adopted or administrative order issued under this	19792
section exists, the board may request, in writing, the prosecuting	19793
attorney of the county to seek an injunction or other appropriate	19794
relief in the court of common pleas to abate excessive erosion or	19795
sedimentation and secure compliance with the rules or order. In	19796
granting relief, the court of common pleas may order the	19797
construction of sediment control improvements or implementation of	19798
other control measures and may assess a civil fine of not less	19799
than one hundred or more than five hundred dollars. Each day of	19800
violation of a rule adopted or administrative order issued under	19801
this section shall be considered a separate violation subject to a	19802
civil fine.	19803

Sec. 307.791. The question of repeal of a county sediment	19804
control rule adopted under section 307.79 of the Revised Code may	19805
be initiated by filing with the board of elections of the county	19806
not less than ninety days before the general or primary election	19807
in any year a petition requesting that an election be held on such	19808
question. Such petition shall be signed by qualified electors	19809
residing in the county equal in number to ten per cent of those	19810
voting for governor at the most recent gubernatorial election in	19811
the county.	19812

After determination by it that such petition is valid, the	19813
board of elections shall submit the question to the electors of	19814
the county at the next general or primary election. The election	19815
shall be conducted, canvassed, and certified in the same manner as	19816
regular elections for county offices in the county. Notice of the	19817
election shall be published in a newspaper of general circulation	19818
in the county once a week for two consecutive weeks prior to the	19819
election ~~and, if~~or as provided in section 7.16 of the Revised	19820
Code. If the board of elections operates and maintains a web site,	19821
notice of the election also shall be posted on that web site for	19822
thirty days prior to the election. The notice shall state the	19823
purpose, time, and place of the election and ~~the complete text~~a	19824
succinct summary of each rule sought to be repealed. The form of	19825
the ballot cast at such election shall be prescribed by the	19826
secretary of state. The question covered by such petition shall be	19827
submitted as a separate proposition, but it may be printed on the	19828
same ballot with any other proposition submitted at the same	19829
election other than the election of officers. If a majority of the	19830
qualified electors voting on the question of repeal approve the	19831
repeal, the result of the election shall be certified immediately	19832
after the canvass by the board of elections to the board of county	19833
commissioners, who shall thereupon rescind the rule.	19834

Sec. 307.80. The board of county commissioners of any county	19835
may, by resolution, establish a county microfilming board. The	19836
county microfilming board shall consist of the county treasurer or	19837
~~his~~the treasurer's representative, the county auditor or ~~his~~the	19838
auditor's representative, the clerk of the court of common pleas	19839
or ~~his~~the clerk's representative, a member or representative of	19840
the board of county commissioners chosen by the board of county	19841
commissioners, and the county recorder or ~~his~~the recorder's	19842
representative who shall serve as secretary.	19843

After the initial meeting of the county microfilming board,	19844
no county office shall purchase, lease, operate, or contract for	19845
the use of any microfilming or other image processing equipment,	19846
software, or services without prior approval of the board.	19847

As used in sections 307.80 to 307.806 of the Revised Code,	19848
"county office" means any officer, department, board, commission,	19849
agency, court, or other office of the county and the court of	19850
common pleas. The county hospital shall not be considered a	19851
"county office" when the county hospital uses microfilming to	19852
record and store for future access physical and psychiatric	19853
examinations or treatment records of its patients. The county	19854
hospital shall participate, at the request of the county	19855
microfilming board, in purchasing film and equipment and in	19856
entering into contracts for services for microfilming.	19857

Sec. 307.802. The county microfilming board shall coordinate	19858
the use of all microfilming or image processing equipment,	19859
software, or services in use throughout the county offices at the	19860
time the board is established.	19861

The board may, in writing, authorize any county office to	19862
contract for microfilming or image processing services, or operate	19863
or acquire microfilming or image processing equipment or software,	19864
where the board determines such action is desirable. The	19865
authorization shall be signed by a majority of the members of the	19866
board and shall be filed in the office of the board of county	19867
commissioners.	19868

The county microfilming board may establish a microfilming	19869
center which shall provide a centralized system for the use of	19870
microfilming or image processing equipment, software, or services	19871
for all county offices.	19872

Sec. 307.803. The board of county commissioners may	19873
purchase, lease, or otherwise acquire any microfilming or image	19874
processing equipment, software, or services that the board	19875
determines is necessary, or that the county microfilming board or	19876
county board of information services and records management	19877
authorizes, from funds budgeted and appropriated by the board of	19878
county commissioners for such purposes.	19879

Sec. 307.806. The county microfilming board may enter into a	19880
contract with the legislative authorities of any municipal	19881
corporation, township, port authority, water or sewer district,	19882
school district, library district, county law library association,	19883
health district, park district, soil and water conservation	19884
district, conservancy district, other taxing district, regional	19885
council established pursuant to Chapter 167. of the Revised Code,	19886
or otherwise, county land reutilization corporation organized	19887
under Chapter 1724. of the Revised Code, or with the board of	19888
county commissioners or the microfilming board of any other	19889
county, or with any other federal or state governmental agency,	19890
and such authorities may enter into contracts with the county	19891
microfilming board, to provide microfilming or image processing	19892
services to any of them. The board shall establish a schedule of	19893
charges upon which the cost of providing such services shall be	19894
based. All moneys collected by the board for services rendered	19895
pursuant to contracts entered into under this section shall be	19896
deposited in the county general fund; however, such moneys may be	19897
segregated into a special fund in the county treasury until the	19898
end of the calendar year. County offices may also be charged for	19899
such services and the appropriation so charged and the	19900
appropriation of the board so credited.	19901

Sec. 307.81. (A) Where lands have been dedicated to or for	19902
the use of the public for parks or park lands, and where such	19903
lands have remained unimproved and unused by the public and there	19904
appears to be little or no possibility that such lands will be	19905
improved and used by the public, the board of county commissioners	19906
of the county in which the lands are located may, by resolution,	19907
declare such parks or park lands vacated upon the petition of a	19908
majority of the abutting freeholders. No such parks or park lands	19909
shall be vacated unless notice of the pendency and prayer of the	19910
petition is given in a newspaper of general circulation in the	19911
county in which such lands are situated for three consecutive	19912
weeks preceding action on such petition or as provided in section	19913
7.16 of the Revised Code. No such lands shall be vacated prior to	19914
a public hearing had thereon.	19915

(B) Before the board of county commissioners may act on a	19916
petition to vacate unimproved and unused parks or park lands under	19917
division (A) of this section, the board shall offer such parks or	19918
park lands to all political subdivisions described in division (C)	19919
of this section. The board shall give notice to those political	19920
subdivisions by first class mail that the parks or park lands may	19921
be declared vacated unless the board of county commissioners	19922
accepts an offer from another political subdivision to buy or	19923
lease the lands. The failure of delivery of any such notice does	19924
not invalidate any proceedings for the disposition of parks or	19925
park lands under this division. Any such political subdivision	19926
that wishes to buy or lease the parks or park lands shall make an	19927
offer for the lands to the board in writing not later than ninety	19928
days after receiving the notice. The board may reject any offer,	19929
except that if it receives an offer in which the political	19930
subdivision agrees to use the lands for park purposes and in which	19931
the board finds all of the other terms acceptable, the board shall	19932
accept that offer. No offer shall be accepted until notice of the	19933
offer is published for three consecutive weeks in a newspaper of	19934
general circulation in the county in which the lands are situated	19935
or as provided in section 7.16 of the Revised Code, and a public	19936
hearing is held. Proceeds from the sale or lease of the lands	19937
shall be placed in the general fund of the county and be disbursed	19938
as prescribed in section 307.82 of the Revised Code. Any deed	19939
conveying the lands shall be executed as provided in that section.	19940

(C) In order to receive a notice or to make an offer	19941
regarding parks or park lands under division (B) of this section,	19942
a political subdivision must meet both of the following	19943
conditions:	19944

(1) Have the authority to acquire, develop, and maintain	19945
public parks or recreation areas;	19946

(2) Contain the parks or park lands in question within its	19947
boundaries, or adjoin a political subdivision that contains those	19948
parks or park lands within its boundaries.	19949

Sec. 307.82. Upon the vacation of parks or park lands, the	19950
board of county commissioners shall offer such lands for sale at a	19951
public auction at the courthouse of the county in which such lands	19952
are situated. No lands shall be sold until the board gives notice	19953
of intention to sell such lands. Such notice shall be published	19954
once a week for four consecutive weeks in a newspaper of general	19955
circulation in the county in which sale is to be had or as	19956
provided in section 7.16 of the Revised Code. The board shall sell	19957
such lands to the highest and best bidder, provided, the board may	19958
reject any and all bids made hereunder.	19959

When such sale is made, the auditor of the county in which	19960
sale is had and in which such lands are located, shall enter into	19961
a deed, conveying said lands to the purchaser thereof. At the time	19962
of sale, the auditor shall place the lands sold hereunder on the	19963
tax duplicate of the county at a value to be established by ~~him~~	19964
the auditor as in cases where hethe auditor re-enters property	19965
which has been tax exempt on the taxable list of the county.	19966

The proceeds from the sale of lands sold pursuant to this	19967
section shall be placed in the general fund of the county in which	19968
such lands are located and may be disbursed as other general fund	19969
moneys.	19970

Sec. 307.83. When real estate which has been dedicated to or	19971
for the use of the public for parks or park lands is vacated by	19972
the board of county commissioners pursuant to division (A) of	19973
section 307.81 of the Revised Code or is to be sold or leased for	19974
nonpark use under division (B) of that section, and where	19975
reversionary interests have been set up in the event of the	19976
non-use of such lands for the dedicated purpose, such reversionary	19977
interests shall accelerate and vest in the holders thereof upon	19978
such vacation, or prior to the acceptance of an offer to buy or	19979
lease the land. Thereupon the auditor of the county shall place	19980
the lands on the tax duplicate of the county in the names of such	19981
reversioners as are known to the board of county commissioners. If	19982
the board is unable to establish the names of such reversioners,	19983
it shall fix a date on or before which claims to such real estate	19984
may be asserted and after which such real estate shall be sold or	19985
leased. The board shall give notice of such date and of the sale	19986
or lease to be held thereafter, once each week for four	19987
consecutive weeks in a newspaper of general circulation in the	19988
county wherein such lands are located or as provided in section	19989
7.16 of the Revised Code. In the event that no claims to such	19990
lands are asserted or found to be valid, the lands shall be sold	19991
pursuant to section 307.82 of the Revised Code in the case of a	19992
vacation of the lands pursuant to division (A) of section 307.81	19993
of the Revised Code, or be sold or leased pursuant to division (B)	19994
of section 307.81 of the Revised Code if an agreement with a	19995
political subdivision is entered into under that division, and the	19996
title of any holders of reversionary interests shall be	19997
extinguished.	19998

Sec. 307.84. The board of county commissioners of any county	19999
may, by resolution, establish a county automatic data processing	20000
board. The board shall consist of the county treasurer or the	20001
county treasurer's representative, the county recorder or the	20002
county recorder's representative, the clerk of the court of common	20003
pleas or the clerk's representative, a member or representative of	20004
the board of county commissioners chosen by the board, two members	20005
or representatives of the board of elections chosen by the board	20006
of elections one of whom shall be a member of the political party	20007
receiving the greatest number of votes at the most recent general	20008
election for the office of governor and one of whom shall be a	20009
member of the political party receiving the second greatest number	20010
of votes at such an election, if the board of elections desires to	20011
participate, and the county auditor or the county auditor's	20012
representative who shall serve as secretary. The members of the	20013
county automatic data processing board may by majority vote add to	20014
the board any additional members whose officers use the facilities	20015
of the board.	20016

After the initial meeting of the county automatic data	20017
processing board, no county office shall purchase, lease, operate,	20018
or contract for the use of any automatic or electronic data	20019
processing or record-keeping equipment, software, or services	20020
without prior approval of the board.	20021

As used in sections 307.84 to 307.846 of the Revised Code,	20022
"county office" means any officer, department, board, commission,	20023
agency, court, or other office of the county, other than a board	20024
of county hospital trustees.	20025

Sec. 307.842. The county automatic data processing board	20026
shall coordinate the use of all automatic or electronic data	20027
processing or record-keeping equipment, software, or services in	20028
use throughout the county offices at the time the board is	20029
established.	20030

The board may, in writing, authorize any county office to	20031
contract for automatic or electronic data processing or	20032
record-keeping services, or operate or acquire automatic or	20033
electronic data processing or record-keeping equipment, where the	20034
board determines such action is desirable. The authorization shall	20035
be signed by a majority of the members of the board and shall be	20036
filed in the office of the board of county commissioners.	20037

The county automatic data processing board may establish an	20038
automatic data processing center which shall provide a centralized	20039
system for the use of automatic or electronic data processing or	20040
record-keeping equipment, software, or services for all county	20041
offices.	20042

Sec. 307.843. The board of county commissioners may	20043
purchase, lease, or otherwise acquire any automatic or electronic	20044
data processing or record-keeping equipment, software, or services	20045
that the board determines is necessary, or that the county	20046
automatic data processing board or county board of information	20047
services and records management recommends, from funds budgeted	20048
and appropriated by the board of county commissioners for such	20049
purposes.	20050

Sec. 307.846. The county automatic data processing board may	20051
enter into a contract with the legislative authorities of any	20052
municipal corporation, township, port authority, water or sewer	20053
district, school district, library district, county law library	20054
association, health district, park district, soil and water	20055
conservation district, conservancy district, other taxing	20056
district, regional council established pursuant to Chapter 167. of	20057
the Revised Code, county land reutilization corporation organized	20058
under Chapter 1724. of the Revised Code, or otherwise or with the	20059
board of county commissioners or the automatic data processing	20060
board of any other county, or with any other federal or state	20061
governmental agency, and such authorities or entities may enter	20062
into contracts with the county automatic data processing board, to	20063
provide automatic or electronic data processing or record-keeping	20064
services to any of them. The board shall establish a schedule of	20065
charges upon which the cost of providing such services shall be	20066
based. All moneys collected by the board for services rendered	20067
pursuant to contracts entered into under this section shall be	20068
deposited in the county general fund; however, such moneys may be	20069
segregated into a special fund in the county treasury until the	20070
end of the calendar year. County offices may also be charged for	20071
such services and the appropriation so charged and the	20072
appropriation of the board so credited.	20073

Sec. 307.847. (A) In lieu of having a county records	20074
commission, a county microfilming board, and a county automatic	20075
data processing board, a board of county commissioners may, by	20076
resolution, establish a county board of information services and	20077
records management to coordinate the management of information	20078
resources of the county, the records and information management	20079
operations of all county offices, and the various records and	20080
information technologies acquired and operated by county offices.	20081
The resolution establishing the board shall specify the date on	20082
which the county records commission, the county microfilming	20083
board, and the county automatic data processing board, if any, no	20084
longer exist and the county board of information services and	20085
records management is established. The county board of information	20086
services and records management shall consist of the county	20087
auditor, county treasurer, county recorder, clerk of the court of	20088
common pleas, prosecuting attorney, county engineer, county	20089
coroner, sheriff, a judge of the court of common pleas selected by	20090
a majority vote of all judges of the court, and a member of the	20091
board of county commissioners chosen by the board of county	20092
commissioners. Any member may designate a representative to serve	20093
on that member's behalf. All actions of the board shall be taken	20094
by a majority vote of all its members.	20095

Once a county board of information services and records	20096
management is created, no county office shall purchase, lease,	20097
operate, or contract for the use of any automatic data processing	20098
equipment, software, or services; microfilming equipment or	20099
services; records center or archives facilities; or any other	20100
image processing or electronic data processing or record-keeping	20101
equipment, software, or services without prior approval of the	20102
board. The board may adopt such rules as it considers necessary	20103
for its operation, but no rule shall derogate the authority or	20104
responsibility of any county elected official. The board's rules	20105
may include any regulations or standards the board wishes to	20106
impose. For purposes of this section, "county office" means any	20107
officer, department, board, commission, agency, court, or other	20108
office of the county and the court of common pleas, except that in	20109
the case of microfilming equipment, "county office" does not	20110
include the county hospital when the county hospital uses	20111
microfilming to record and store for future access physical and	20112
psychiatric examinations or treatment records of its patients. The	20113
county hospital shall participate, at the request of the county	20114
board of information services and records management, in	20115
purchasing film and equipment and in entering into contracts for	20116
services for microfilming.	20117

(B) On the effective date of the establishment of the county	20118
board of information services and records management as designated	20119
in the resolution establishing it, all equipment, records, files,	20120
effects, and other personal property; contractual obligations; and	20121
assets and liabilities of the county records commission, the	20122
county microfilming board, and the automatic data processing board	20123
shall be transferred to the county board of information services	20124
and records management.	20125

For purposes of succession of the functions, powers, duties,	20126
and obligations of the county records commission, the county	20127
microfilming board, and the county automatic data processing board	20128
transferred and assigned to, devolved upon, and assumed by the	20129
county board of information services and records management under	20130
this section, the county board of information services and records	20131
management shall be deemed to constitute the continuation of the	20132
county records commission, the county microfilming board, and the	20133
county automatic data processing board, as applicable.	20134

Any business, proceeding, or other matter undertaken or	20135
commenced by the county records commission, the county	20136
microfilming board, or the county automatic data processing board	20137
pertaining to or connected with the functions, powers, duties, and	20138
obligations transferred or assigned and pending on the date of the	20139
establishment of the county board of information services and	20140
records management shall be conducted, prosecuted or defended, and	20141
completed by the county board of information services and records	20142
management in the same manner and with the same effect as if	20143
conducted by the county records commission, the county	20144
microfilming board, or the county automatic data processing board.	20145
In all such actions and proceedings, the county board of	20146
information services and records management shall be substituted	20147
as a party.	20148

All rules, acts, determinations, approvals, and decisions of	20149
the county records commission, the county microfilming board, or	20150
the county automatic data processing board pertaining to the	20151
functions transferred and assigned under this section to the	20152
county board of information services and records management in	20153
force at the time of the transfer, assignment, assumption, or	20154
devolution shall continue in force as rules, acts, determinations,	20155
approvals, and decisions of the board until duly modified or	20156
repealed by the board.	20157

Wherever the functions, powers, duties, and obligations of	20158
the county records commission, the county microfilming board, or	20159
the county automatic data processing board are referred to or	20160
designated in any law, contract, or other document pertaining to	20161
those functions, powers, duties, and obligations, the reference or	20162
designation shall be deemed to refer to the county board of	20163
information services and records management, as appropriate.	20164

No existing right or remedy of any character shall be lost,	20165
impaired, or affected by reason of the establishment of the county	20166
board of information services and records management, except	20167
insofar as those rights and remedies are administered by the	20168
county board of information services and records management.	20169

(C) Except for provisions regarding the microfilming or	20170
automatic data processing centers, the county board of information	20171
services and records management shall have the powers, duties, and	20172
functions of the county records commission as provided in section	20173
149.38 of the Revised Code, the county microfilming board as	20174
provided in section 307.802 of the Revised Code, and the county	20175
automatic data processing board as provided in section 307.842 of	20176
the Revised Code.	20177

(D) The county board of information services and records	20178
management may establish an automatic data processing center,	20179
microfilming center, records center, archives, and any other	20180
centralized or decentralized facilities it considers necessary to	20181
fulfill its duties. Any such centralized facilities shall be used	20182
by all county offices. The establishment of either centralized or	20183
decentralized facilities shall be contingent on the appropriation	20184
of funds by the board of county commissioners.	20185

If more than one centralized center is established, the	20186
county board of information services and records management may	20187
appoint an administrator for each center or may appoint the same	20188
person to serve as administrator of more than one center. The	20189
board shall appoint or contract for such other staff as it	20190
considers appropriate. The administrator of any center shall be in	20191
the unclassified civil service. Subject to the approval of the	20192
board, the administrator shall fix the compensation of such	20193
persons other than the administrator as are necessary for the	20194
center's operation. Employee salaries and other expenses of the	20195
center shall be paid from funds budgeted and appropriated to the	20196
board by the board of county commissioners.	20197

The administrator, or if there is more than one administrator	20198
then all the administrators jointly, shall prepare an annual	20199
estimate of the revenues and expenditures of the county board of	20200
information services and records management for the ensuing fiscal	20201
year and submit it to the board of county commissioners as	20202
provided in section 5705.28 of the Revised Code. The estimate	20203
shall be sufficient to take care of all the needs of the county	20204
board of information services and records management, including,	20205
but not limited to, salaries, rental, and purchase of equipment.	20206
The board's funds shall be disbursed by the county auditor's	20207
warrant drawn on the county treasury five days after receipt of a	20208
voucher approved by a majority of that board and by a majority of	20209
the board of county commissioners.	20210

On the first Monday in April of each year the administrator	20211
of each center shall file with the county board of information	20212
services and records management and the board of county	20213
commissioners a report of the operations of the center and a	20214
statement of the center's receipts and expenditures during the	20215
preceding calendar year.	20216

(E) With the approval of the board of county commissioners,	20217
the county board of information services and records management	20218
may enter into a contract with the legislative authority of any	20219
municipal corporation, township, port authority, water or sewer	20220
district, school district, library district, county law library	20221
association, health district, park district, soil and water	20222
conservation district, conservancy district, other taxing	20223
district, or regional council established under Chapter 167. of	20224
the Revised Code, or with the board of county commissioners or the	20225
automatic data processing board or microfilming board of any other	20226
county, or with any other federal or state governmental agency,	20227
and such authorities may enter into contracts with the county	20228
board of information services and records management, to provide	20229
microfilming, automatic data processing, or other image processing	20230
or electronic data processing or record-keeping services to any of	20231
them. The board shall establish a schedule of charges upon which	20232
the cost of providing such services shall be based. All moneys	20233
collected by the board for services rendered pursuant to contracts	20234
entered into under this section shall be deposited in the county	20235
general fund, although these moneys may be segregated into a	20236
special fund in the county treasury until the end of the calendar	20237
year. County offices also may be charged for such services and the	20238
appropriations of those offices so charged and the appropriation	20239
of the county board of information services and records management	20240
so credited.	20241

Sec. 307.86. Anything to be purchased, leased, leased with	20242
an option or agreement to purchase, or constructed, including, but	20243
not limited to, any product, structure, construction,	20244
reconstruction, improvement, maintenance, repair, or service,	20245
except the services of an accountant, architect, attorney at law,	20246
physician, professional engineer, construction project manager,	20247
consultant, surveyor, or appraiser, by or on behalf of the county	20248
or contracting authority, as defined in section 307.92 of the	20249
Revised Code, at a cost in excess of twenty-five thousand dollars,	20250
except as otherwise provided in division (D) of section 713.23 and	20251
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,	20252
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,	20253
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall	20254
be obtained through competitive bidding. However, competitive	20255
bidding is not required when any of the following applies:	20256

(A) The board of county commissioners, by a unanimous vote of	20257
its members, makes a determination that a real and present	20258
emergency exists, and that determination and the reasons for it	20259
are entered in the minutes of the proceedings of the board, when	20260
either of the following applies:	20261

(1) The estimated cost is less than fifty thousand dollars.

20262

(2) There is actual physical disaster to structures, radio	20263
communications equipment, or computers.	20264

For purposes of this division, "unanimous vote" means all	20265
three members of a board of county commissioners when all three	20266
members are present, or two members of the board if only two	20267
members, constituting a quorum, are present.	20268

Whenever a contract of purchase, lease, or construction is	20269
exempted from competitive bidding under division (A)(1) of this	20270
section because the estimated cost is less than fifty thousand	20271
dollars, but the estimated cost is twenty-five thousand dollars or	20272
more, the county or contracting authority shall solicit informal	20273
estimates from no fewer than three persons who could perform the	20274
contract, before awarding the contract. With regard to each such	20275
contract, the county or contracting authority shall maintain a	20276
record of such estimates, including the name of each person from	20277
whom an estimate is solicited. The county or contracting authority	20278
shall maintain the record for the longer of at least one year	20279
after the contract is awarded or the amount of time the federal	20280
government requires.	20281

(B)(1) The purchase consists of supplies or a replacement or	20282
supplemental part or parts for a product or equipment owned or	20283
leased by the county, and the only source of supply for the	20284
supplies, part, or parts is limited to a single supplier.	20285

(2) The purchase consists of services related to information	20286
technology, such as programming services, that are proprietary or	20287
limited to a single source.	20288

(C) The purchase is from the federal government, the state,	20289
another county or contracting authority of another county, or a	20290
board of education, educational service center, township, or	20291
municipal corporation.	20292

(D) The purchase is made by a county department of job and	20293
family services under section 329.04 of the Revised Code and	20294
consists of family services duties or workforce development	20295
activities or is made by a county board of developmental	20296
disabilities under section 5126.05 of the Revised Code and	20297
consists of program services, such as direct and ancillary client	20298
services, child care, case management services, residential	20299
services, and family resource services.	20300

(E) The purchase consists of criminal justice services,	20301
social services programs, family services, or workforce	20302
development activities by the board of county commissioners from	20303
nonprofit corporations or associations under programs funded by	20304
the federal government or by state grants.	20305

(F) The purchase consists of any form of an insurance policy	20306
or contract authorized to be issued under Title XXXIX of the	20307
Revised Code or any form of health care plan authorized to be	20308
issued under Chapter 1751. of the Revised Code, or any combination	20309
of such policies, contracts, plans, or services that the	20310
contracting authority is authorized to purchase, and the	20311
contracting authority does all of the following:	20312

(1) Determines that compliance with the requirements of this	20313
section would increase, rather than decrease, the cost of the	20314
purchase;	20315

(2) Requests issuers of the policies, contracts, plans, or	20316
services to submit proposals to the contracting authority, in a	20317
form prescribed by the contracting authority, setting forth the	20318
coverage and cost of the policies, contracts, plans, or services	20319
as the contracting authority desires to purchase;	20320

(3) Negotiates with the issuers for the purpose of purchasing	20321
the policies, contracts, plans, or services at the best and lowest	20322
price reasonably possible.	20323

(G) The purchase consists of computer hardware, software, or	20324
consulting services that are necessary to implement a computerized	20325
case management automation project administered by the Ohio	20326
prosecuting attorneys association and funded by a grant from the	20327
federal government.	20328

(H) Child care services are purchased for provision to county	20329
employees.	20330

(I)(1) Property, including land, buildings, and other real	20331
property, is leased for offices, storage, parking, or other	20332
purposes, and all of the following apply:	20333

(a) The contracting authority is authorized by the Revised	20334
Code to lease the property.	20335

(b) The contracting authority develops requests for proposals	20336
for leasing the property, specifying the criteria that will be	20337
considered prior to leasing the property, including the desired	20338
size and geographic location of the property.	20339

(c) The contracting authority receives responses from	20340
prospective lessors with property meeting the criteria specified	20341
in the requests for proposals by giving notice in a manner	20342
substantially similar to the procedures established for giving	20343
notice under section 307.87 of the Revised Code.	20344

(d) The contracting authority negotiates with the prospective	20345
lessors to obtain a lease at the best and lowest price reasonably	20346
possible considering the fair market value of the property and any	20347
relocation and operational costs that may be incurred during the	20348
period the lease is in effect.	20349

(2) The contracting authority may use the services of a real	20350
estate appraiser to obtain advice, consultations, or other	20351
recommendations regarding the lease of property under this	20352
division.	20353

(J) The purchase is made pursuant to section 5139.34 or	20354
sections 5139.41 to 5139.46 of the Revised Code and is of programs	20355
or services that provide case management, treatment, or prevention	20356
services to any felony or misdemeanant delinquent, unruly youth,	20357
or status offender under the supervision of the juvenile court,	20358
including, but not limited to, community residential care, day	20359
treatment, services to children in their home, or electronic	20360
monitoring.	20361

(K) The purchase is made by a public children services agency	20362
pursuant to section 307.92 or 5153.16 of the Revised Code and	20363
consists of family services, programs, or ancillary services that	20364
provide case management, prevention, or treatment services for	20365
children at risk of being or alleged to be abused, neglected, or	20366
dependent children.	20367

(L) The purchase is to obtain the services of emergency	20368
medical service organizations under a contract made by the board	20369
of county commissioners pursuant to section 307.05 of the Revised	20370
Code with a joint emergency medical services district.	20371

(M) The county contracting authority determines that the use	20372
of competitive sealed proposals would be advantageous to the	20373
county and the contracting authority complies with section 307.862	20374
of the Revised Code.	20375

Any issuer of policies, contracts, plans, or services listed	20376
in division (F) of this section and any prospective lessor under	20377
division (I) of this section may have the issuer's or prospective	20378
lessor's name and address, or the name and address of an agent,	20379
placed on a special notification list to be kept by the	20380
contracting authority, by sending the contracting authority that	20381
name and address. The contracting authority shall send notice to	20382
all persons listed on the special notification list. Notices shall	20383
state the deadline and place for submitting proposals. The	20384
contracting authority shall mail the notices at least six weeks	20385
prior to the deadline set by the contracting authority for	20386
submitting proposals. Every five years the contracting authority	20387
may review this list and remove any person from the list after	20388
mailing the person notification of that action.	20389

Any contracting authority that negotiates a contract under	20390
division (F) of this section shall request proposals and negotiate	20391
with issuers in accordance with that division at least every three	20392
years from the date of the signing of such a contract, unless the	20393
parties agree upon terms for extensions or renewals of the	20394
contract. Such extension or renewal periods shall not exceed six	20395
years from the date the initial contract is signed.	20396

Any real estate appraiser employed pursuant to division (I)	20397
of this section shall disclose any fees or compensation received	20398
from any source in connection with that employment.	20399

Sec. 308.13. (A) The board of trustees of a regional airport	20400
authority or any officer or employee designated by such board may	20401
make any contract for the purchase of supplies or material or for	20402
labor for any work, under the supervision of the board, the cost	20403
of which shall not exceed fifteen thousand dollars. Except where	20404
the contract is for equipment, materials, or supplies available	20405
from a qualified nonprofit agency pursuant to sections 4115.31 to	20406
4115.35 of the Revised Code, when an expenditure, other than for	20407
the acquisition of real estate, the discharge of noncontractual	20408
claims, personal services, or for the product or services of	20409
public utilities, exceeds fifteen thousand dollars, such	20410
expenditure shall be made only after a notice calling for bids has	20411
been published once a week for three consecutive weeks in ~~at least~~	20412
~~one~~a newspaper of general circulation within the territorial	20413
boundaries of the regional airport authority, or as provided in	20414
section 7.16 of the Revised Code. If the bid is for a contract for	20415
the construction, demolition, alteration, repair, or	20416
reconstruction of an improvement, it shall meet the requirements	20417
of section 153.54 of the Revised Code. If the bid is for any other	20418
contract authorized by this section, it shall be accompanied by a	20419
good and approved bond with ample security conditioned on the	20420
carrying out of the contract. The board may let the contract to	20421
the lowest and best bidder. Such contract shall be in writing and	20422
shall be accompanied by or shall refer to plans and specifications	20423
for the work to be done, approved by the board. The plans and	20424
specifications shall at all times be made and considered part of	20425
the contract. Said contract shall be approved by the board and	20426
signed by its chief executive officer and by the contractor, and	20427
shall be executed in duplicate.	20428

(B) Whenever a board of trustees of a regional airport	20429
authority or any officer or employee designated by the board makes	20430
a contract for the purchase of supplies or material or for labor	20431
for any work, the cost of which is greater than one thousand	20432
dollars but no more than fifteen thousand dollars, the board or	20433
designated officer or employee shall solicit informal estimates	20434
from no fewer than three potential suppliers before awarding the	20435
contract. With regard to each such contract, the board shall	20436
maintain a record of such estimates, including the name of each	20437
person from whom an estimate is solicited, for no less than one	20438
year after the contract is awarded.	20439

Sec. 311.29. (A) As used in this section, "Chautauqua	20440
assembly" has the same meaning as in section 4511.90 of the	20441
Revised Code.	20442

(B) The sheriff may, from time to time, enter into contracts	20443
with any municipal corporation, township, township police	20444
district, joint police district, metropolitan housing authority,	20445
port authority, water or sewer district, school district, library	20446
district, health district, park district created pursuant to	20447
section 511.18 or 1545.01 of the Revised Code, soil and water	20448
conservation district, water conservancy district, or other taxing	20449
district or with the board of county commissioners of any	20450
contiguous county with the concurrence of the sheriff of the other	20451
county, and such subdivisions, authorities, and counties may enter	20452
into agreements with the sheriff pursuant to which the sheriff	20453
undertakes and is authorized by the contracting subdivision,	20454
authority, or county to perform any police function, exercise any	20455
police power, or render any police service in behalf of the	20456
contracting subdivision, authority, or county, or its legislative	20457
authority, that the subdivision, authority, or county, or its	20458
legislative authority, may perform, exercise, or render.	20459

Upon the execution of an agreement under this division and	20460
within the limitations prescribed by it, the sheriff may exercise	20461
the same powers as the contracting subdivision, authority, or	20462
county possesses with respect to such policing that by the	20463
agreement the sheriff undertakes to perform or render, and all	20464
powers necessary or incidental thereto, as amply as such powers	20465
are possessed and exercised by the contracting subdivision,	20466
authority, or county directly.	20467

Any agreement authorized by division (A), (B), or (C) of this	20468
section shall not suspend the possession by a contracting	20469
subdivision, authority, or county of any police power performed or	20470
exercised or police service rendered in pursuance to the agreement	20471
nor limit the authority of the sheriff.	20472

(C) The sheriff may enter into contracts with any Chautauqua	20473
assembly that has grounds located within the county, and the	20474
Chautauqua assembly may enter into agreements with the sheriff	20475
pursuant to which the sheriff undertakes to perform any police	20476
function, exercise any police power, or render any police service	20477
upon the grounds of the Chautauqua assembly that the sheriff is	20478
authorized by law to perform, exercise, or render in any other	20479
part of the county within the sheriff's territorial jurisdiction.	20480
Upon the execution of an agreement under this division, the	20481
sheriff may, within the limitations prescribed by the agreement,	20482
exercise such powers with respect to such policing upon the	20483
grounds of the Chautauqua assembly, provided that any limitation	20484
contained in the agreement shall not be construed to limit the	20485
authority of the sheriff.	20486

(D) Contracts entered into under division (A), (B), or (C) of	20487
this section shall provide for the reimbursement of the county for	20488
the costs incurred by the sheriff for such policing including, but	20489
not limited to, the salaries of deputy sheriffs assigned to such	20490
policing, the current costs of funding retirement pensions and of	20491
providing workers' compensation, the cost of training, and the	20492
cost of equipment and supplies used in such policing, to the	20493
extent that such equipment and supplies are not directly furnished	20494
by the contracting subdivision, authority, county, or Chautauqua	20495
assembly. Each such contract shall provide for the ascertainment	20496
of such costs and shall be of any duration, not in excess of four	20497
years, and may contain any other terms that may be agreed upon.	20498
All payments pursuant to any such contract in reimbursement of the	20499
costs of such policing shall be made to the treasurer of the	20500
county to be credited to a special fund to be known as the	20501
"sheriff's policing revolving fund," hereby created. Any moneys	20502
coming into the fund shall be used for the purposes provided in	20503
divisions (A) to (D) of this section and paid out on vouchers by	20504
the county commissioners as other funds coming into their	20505
possession. Any moneys credited to the fund and not obligated at	20506
the termination of the contract shall be credited to the county	20507
general fund.	20508

The sheriff shall assign the number of deputies as may be	20509
provided for in any contract made pursuant to division (A), (B),	20510
or (C) of this section. The number of deputies regularly assigned	20511
to such policing shall be in addition to and an enlargement of the	20512
sheriff's regular number of deputies. Nothing in divisions (A) to	20513
(D) of this section shall preclude the sheriff from temporarily	20514
increasing or decreasing the deputies so assigned as emergencies	20515
indicate a need for shifting assignments to the extent provided by	20516
the contracts.	20517

All such deputies shall have the same powers and duties, the	20518
same qualifications, and be appointed and paid and receive the	20519
same benefits and provisions and be governed by the same laws as	20520
all other deputy sheriffs.	20521

Contracts under division (A), (B), or (C) of this section may	20522
be entered into jointly with the board of county commissioners,	20523
and sections 307.14 to 307.19 of the Revised Code apply to this	20524
section insofar as they may be applicable.	20525

(E)(1) As used in division (E) of this section:

20526

(a) "Ohio prisoner" has the same meaning as in section	20527
5120.64 of the Revised Code.	20528

(b) "Out-of-state prisoner" and "private contractor" have the	20529
same meanings as in section 9.07 of the Revised Code.	20530

(2) The sheriff may enter into a contract with a private	20531
person or entity for the return of Ohio prisoners who are the	20532
responsibility of the sheriff from outside of this state to a	20533
location in this state specified by the sheriff, if there are	20534
adequate funds appropriated by the board of county commissioners	20535
and there is a certification pursuant to division (D) of section	20536
5705.41 of the Revised Code that the funds are available for this	20537
purpose. A contract entered into under this division is within the	20538
coverage of section 325.07 of the Revised Code. If a sheriff	20539
enters into a contract as described in this division, subject to	20540
division (E)(3) of this section, the private person or entity in	20541
accordance with the contract may return Ohio prisoners from	20542
outside of this state to locations in this state specified by the	20543
sheriff. A contract entered into under this division shall include	20544
all of the following:	20545

(a) Specific provisions that assign the responsibility for	20546
costs related to medical care of prisoners while they are being	20547
returned that is not covered by insurance of the private person or	20548
entity;	20549

(b) Specific provisions that set forth the number of days,	20550
not exceeding ten, within which the private person or entity,	20551
after it receives the prisoner in the other state, must deliver	20552
the prisoner to the location in this state specified by the	20553
sheriff, subject to the exceptions adopted as described in	20554
division (E)(2)(c) of this section;	20555

(c) Any exceptions to the specified number of days for	20556
delivery specified as described in division (E)(2)(b) of this	20557
section;	20558

(d) A requirement that the private person or entity	20559
immediately report all escapes of prisoners who are being returned	20560
to this state, and the apprehension of all prisoners who are being	20561
returned and who have escaped, to the sheriff and to the local law	20562
enforcement agency of this state or another state that has	20563
jurisdiction over the place at which the escape occurs;	20564

(e) A schedule of fines that the sheriff shall impose upon	20565
the private person or entity if the private person or entity fails	20566
to perform its contractual duties, and a requirement that, if the	20567
private person or entity fails to perform its contractual duties,	20568
the sheriff shall impose a fine on the private person or entity	20569
from the schedule of fines and, in addition, may exercise any	20570
other rights the sheriff has under the contract.	20571

(f) If the contract is entered into on or after the effective	20572
date of the rules adopted by the department of rehabilitation and	20573
correction under section 5120.64 of the Revised Code, specific	20574
provisions that comport with all applicable standards that are	20575
contained in those rules.	20576

(3) If the private person or entity that enters into the	20577
contract fails to perform its contractual duties, the sheriff	20578
shall impose upon the private person or entity a fine from the	20579
schedule, the money paid in satisfaction of the fine shall be paid	20580
into the county treasury, and the sheriff may exercise any other	20581
rights the sheriff has under the contract. If a fine is imposed	20582
under this division, the sheriff may reduce the payment owed to	20583
the private person or entity pursuant to any invoice in the amount	20584
of the fine.	20585

(4) Upon the effective date of the rules adopted by the	20586
department of rehabilitation and correction under section 5120.64	20587
of the Revised Code, notwithstanding the existence of a contract	20588
entered into under division (E)(2) of this section, in no case	20589
shall the private person or entity that is a party to the contract	20590
return Ohio prisoners from outside of this state into this state	20591
for a sheriff unless the private person or entity complies with	20592
all applicable standards that are contained in the rules.	20593

(5) Divisions (E)(1) to (4) of this section do not apply	20594
regarding any out-of-state prisoner who is brought into this state	20595
to be housed pursuant to section 9.07 of the Revised Code in a	20596
correctional facility in this state that is managed and operated	20597
by a private contractor.	20598

Sec. 311.31. (A) The board of county commissioners of a	20599
county may establish, by resolution, a voluntary motor vehicle	20600
decal registration program to be controlled and conducted by the	20601
sheriff within the unincorporated areas of the county. The board	20602
may establish a fee for participation in the program in an amount	20603
sufficient to cover the cost of administering the program and the	20604
cost of the decals. The board shall coordinate its program with	20605
any pre-existing program established by a township located within	20606
the county under section 505.67 of the Revised Code.	20607

(B) Any resident of the county may enroll a motor vehicle	20608
that hethe resident owns in the program by signing a consent	20609
form, displaying the decal issued under this section, and paying	20610
the prescribed fee. The motor vehicle owner shall remove the decal	20611
to withdraw from the program and also prior to the sale or	20612
transfer of ownership of the vehicle. Any law enforcement officer	20613
may conduct, at any place within this state at which the officer	20614
would be permitted to arrest the person operating the vehicle, an	20615
investigatory stop of any motor vehicle displaying a decal issued	20616
under this section when the vehicle is being driven between the	20617
hours of one a.m. and five a.m. A law enforcement officer may	20618
conduct an investigatory stop under this division regardless of	20619
whether the officer observes a violation of law involving the	20620
vehicle or whether hethe officer has probable cause to believe	20621
that any violation of law involving the vehicle has occurred.	20622

(C) The consent form required under division (B) of this	20623
section shall:	20624

(1) Describe the conditions for participation in the program,	20625
including a description of an investigatory stop and a statement	20626
that any law enforcement officer may conduct, at any place within	20627
this state at which the officer would be permitted to arrest the	20628
person operating the vehicle, an investigatory stop of the motor	20629
vehicle when it is being driven between the hours of one a.m. and	20630
five a.m.	20631

(2) Contain other information identifying the vehicle and	20632
owner as the sheriff considers necessary.	20633

(D) The state director of public safety, in accordance with	20634
Chapter 119. of the Revised Code, shall adopt rules governing the	20635
color, size, and design of decals issued under this section and	20636
the location where the decals shall be displayed on vehicles that	20637
are enrolled in the program.	20638

(E) Divisions (A) to (D) of this section do not require a law	20639
enforcement officer to conduct an investigatory stop of a vehicle	20640
displaying a decal issued under this section.	20641

(F) As used in this section:

20642

(1) "Investigatory stop" means a temporary stop of a motor	20643
vehicle and its operator and occupants for purposes of determining	20644
the identity of the person who is operating the vehicle and, if	20645
the person who is operating it is not its owner, whether any	20646
violation of law has occurred or is occurring. An "investigatory	20647
stop" is not an arrest, but, if an officer who conducts an	20648
investigatory stop determines that illegal conduct has occurred or	20649
is ~~occuring~~occurring, an "investigatory stop" may be the basis	20650
for an arrest.	20651

(2) "Law enforcement officer" means a sheriff, deputy	20652
sheriff, constable, police officer of a township or joint ~~township~~	20653
police district, marshal, deputy marshal, municipal police	20654
officer, or state highway patrol trooper.	20655

Sec. 317.06. (A) Each county recorder who is newly elected	20656
to a full term of office shall attend and successfully complete at	20657
least fifteen hours of continuing education courses during the	20658
first year of the recorder's term of office and complete at least	20659
another eight hours of such courses each year of the remaining	20660
term. Each county recorder who is elected to a subsequent term of	20661
office shall attend and successfully complete at least eight hours	20662
of such courses in each year of any subsequent term of office. To	20663
be counted toward the continuing education hours required by this	20664
section, a course must be approved by the Ohio recorders'	20665
association. Any county recorder who teaches an approved course	20666
shall be entitled to credit for the course in the same manner as	20667
if the county recorder had attended the course.	20668

The Ohio recorders' association shall record and, upon	20669
request, verify the completion of required course work for each	20670
county recorder and issue a statement to each county recorder of	20671
the number of hours of continuing education the county recorder	20672
has successfully completed. Each year the association shall send a	20673
list of the continuing education courses, and the number of hours	20674
each county recorder has successfully completed, to the auditor of	20675
state and shall provide a copy of this list to any other	20676
individual who requests it.	20677

The association shall issue a "failure to complete notice" to	20678
any county recorder required to complete continuing education	20679
courses under this section who fails to successfully complete at	20680
least fifteen hours of continuing education courses during the	20681
first year of the county recorder's first term of office or to	20682
complete a total of at least thirty-nine hours of such courses,	20683
including the fifteen hours completed in the first year of the	20684
first term, by the end of that term. The association shall issue a	20685
"failure to complete notice" to any county recorder required to	20686
complete continuing education courses under this section who fails	20687
to successfully complete at least eight hours of continuing	20688
education courses each year of any subsequent term of office or to	20689
complete a total of at least thirty-two hours of such courses, by	20690
the end of that subsequent term. The notice is for informational	20691
purposes only and does not affect any individual's ability to hold	20692
the office of county recorder.	20693

(B) Each board of county commissioners shall approve, from	20694
money appropriated to the county recorder, a reasonable amount	20695
requested by the county recorder of its county to cover the costs	20696
the county recorder must incur to meet the requirements of	20697
division (A) of this section, including registration fees, lodging	20698
and meal expenses, and travel expenses.	20699

Sec. 317.20. (A) When, in the opinion of the board of county	20700
commissioners, sectional indexes are needed and it so directs, in	20701
addition to the alphabetical indexes provided for in section	20702
317.18 of the Revised Code, the board may provide for making, in	20703
books prepared for that purpose, sectional indexes to the records	20704
of all real estate in the county beginning with some designated	20705
year and continuing through the period of years that the board	20706
specifies. The sectional indexes shall place under the heads of	20707
the original surveyed sections or surveys, parts of a section or	20708
survey, squares, subdivisions, permanent parcel numbers provided	20709
for under section 319.28 of the Revised Code, or lots, on the	20710
left-hand page or on the upper portion of that page of the index	20711
book, the name of the grantor, then the name of the grantee, then	20712
the number and page of the record in which the instrument is found	20713
recorded, then the character of the instrument, and then a	20714
pertinent description of the interest in property conveyed by the	20715
deed, lease, or assignment of lease and shall place under similar	20716
headings on the right-hand page or on the lower portion of that	20717
page of the index book, beginning at the bottom, all the	20718
mortgages, liens, notices provided for in sections 5301.51,	20719
5301.52, and 5301.56 of the Revised Code, or other encumbrances	20720
affecting the real estate.	20721

(B) The compensation for the services rendered under this	20722
section shall be paid from the general revenue fund of the county,	20723
and no additional levy shall be made in consequence of the	20724
services.	20725

(C) If the board of county commissioners decides to have	20726
sectional indexes made, it shall advertise for three consecutive	20727
weeks in one newspaper of general circulation in the county or as	20728
provided in section 7.16 of the Revised Code for sealed proposals	20729
to do the work provided for in this section, shall contract with	20730
the lowest and best bidder, and shall require the successful	20731
bidder to give a bond for the faithful performance of the contract	20732
in the sum that the board fixes. The work shall be done to the	20733
acceptance of the auditor of state upon allowance by the board.	20734
The board may reject any and all bids for the work, provided that	20735
no more than five cents shall be paid for each entry of each tract	20736
or lot of land.	20737

(D) When the sectional indexes are brought up and completed,	20738
the county recorder shall maintain the indexes and comply with	20739
division (E) of this section in connection with registered land.	20740

(E)(1) As used in division (E) of this section, "housing	20741
accommodations" and "restrictive covenant" have the same meanings	20742
as in section 4112.01 of the Revised Code.	20743

(2) In connection with any transfer of registered land that	20744
occurs on and after ~~the effective date of this amendment~~March30,	20745
1999, in accordance with Chapters 5309. and 5310. of the Revised	20746
Code, the county recorder shall delete from the sectional indexes	20747
maintained under this section all references to any restrictive	20748
covenant that appears to apply to the transferred registered land,	20749
if any inclusion of the restrictive covenant in a transfer,	20750
rental, or lease of housing accommodations, any honoring or	20751
exercising of the restrictive covenant, or any attempt to honor or	20752
exercise the restrictive covenant constitutes an unlawful	20753
discriminatory practice under division (H)(9) of section 4112.02	20754
of the Revised Code.	20755

Sec. 317.321. (A) Not later than the first day of October of	20756
any year, the county recorder may submit to the board of county	20757
commissioners a proposal for the acquisition or maintenance of	20758
micrographic or other equipment or, for contract services, or for	20759
the general needs of the county recorder. The proposal shall be in	20760
writing and shall include at least the following:	20761

(1) A request that an amount not to exceed seven dollars of	20762
the fee collected for filing or recording a document for which a	20763
fee is charged as required by division (A) of section 317.32 of	20764
the Revised Code or by section 1309.525 or 5310.15 of the Revised	20765
Code be placed in the county treasury and designated as "general	20766
fund moneys ~~to supplement the equipment needs of~~for the county	20767
recorder";	20768

(2) The number of years, not to exceed five, for which the	20769
county recorder requests that the amount requested under division	20770
(A)(1) of this section be given the designation specified in that	20771
division;	20772

(3) An estimate of the total amount of fees that will be	20773
generated for filing or recording a document for which a fee is	20774
charged as required by division (A) of section 317.32 of the	20775
Revised Code or by section 1309.525 or 5310.15 of the Revised	20776
Code;	20777

(4) An estimate of the total amount of fees for filing or	20778
recording a document for which a fee is charged as required by	20779
division (A) of section 317.32 of the Revised Code or by section	20780
1309.525 or 5310.15 of the Revised Code that will be designated as	20781
"general fund moneys ~~to supplement the equipment needs of~~for the	20782
county recorder" if the request submitted under division (A)(1) of	20783
this section is approved by the board of county commissioners.	20784

The proposal may include a description or summary of the	20785
micrographic or other equipment, or maintenance thereof, that the	20786
county recorder proposes to acquire, or the nature of contract	20787
services that the county recorder proposes to utilize. If the	20788
county recorder has no immediate plans for the acquisition of	20789
equipment or services, the proposal shall explain the general	20790
needs of the office ~~for equipment~~ and shall state that the intent	20791
of the proposal is to reserve funds for the office's future	20792
~~equipment~~ needs.	20793

(B) The board of county commissioners shall receive the	20794
proposal and the clerk shall enter it on the journal. At the same	20795
time, the board shall establish a date, not sooner than fifteen	20796
nor later than thirty days after the board's receipt of the	20797
proposal, on which to meet with the recorder to review the	20798
proposal.	20799

(C) Not later than the fifteenth day of December of any year	20800
in which a proposal is submitted under division (A) of this	20801
section, the board of county commissioners shall approve, reject,	20802
or modify the proposal and notify the county recorder of its	20803
action on the proposal. If the board rejects or modifies the	20804
proposal, it shall make a written finding that the ~~request is for~~	20805
~~a purpose other than for acquiring, leasing, or otherwise~~	20806
~~obtaining micrographic or other equipment or contracts for use by~~	20807
~~the county recorder or that the~~ amount requested is excessive as	20808
determined by the board. If the board approves the proposal, it	20809
shall request the establishment of a special fund under section	20810
5705.12 of the Revised Code for any fees designated as "general	20811
fund moneys ~~to supplement the equipment needs of~~for the county	20812
recorder."	20813

(D) The acquisition or maintenance of micrographic or other	20814
equipment and the acquisition of contract services shall be	20815
specifically governed by sections 307.80 to 307.806, 307.84 to	20816
307.846, 307.86 to 307.92, and 5705.38, and by division (D) of	20817
section 5705.41 of the Revised Code.	20818

Sec. 319.11. The county auditor shall, on or before ninety	20819
days after the close of the fiscal year, prepare a financial	20820
report of the county for the preceding fiscal year in such form as	20821
prescribed by the auditor of state. Upon completing the report,	20822
the county auditor shall publish notice that the report has been	20823
completed and is available for public inspection at the office of	20824
the county auditor. The notice shall be published once in ~~two~~	20825
~~newspapers~~a newspaper of general circulation ~~published~~ in the	20826
county~~, except that if only one newspaper is published in the~~	20827
~~county, then publication in only one newspaper is required, and~~	20828
if. If there ~~are~~is no ~~newspapers~~newspaper of general circulation	20829
in the county, then publication is required in the newspaper of	20830
general circulation in an adjoining county that has the largest	20831
circulation in ~~the~~that adjoining county. The report shall contain	20832
at least the information required by section 117.38 of the Revised	20833
Code, and a copy shall be filed with the auditor of state.	20834

No county auditor shall fail or neglect to prepare the report	20835
or publish notice of completion of the report as required by this	20836
section.	20837

Sec. 319.301. (A) The reductions required by division (D) of	20838
this section do not apply to any of the following:	20839

(1) Taxes levied at whatever rate is required to produce a	20840
specified amount of tax money, including a tax levied under	20841
section 5705.199 or, 5705.211, or 5748.09 of the Revised Code, or	20842
an amount to pay debt charges;	20843

(2) Taxes levied within the one per cent limitation imposed	20844
by Section 2 of Article XII, Ohio Constitution;	20845

(3) Taxes provided for by the charter of a municipal	20846
corporation.	20847

(B) As used in this section:

20848

(1) "Real property" includes real property owned by a	20849
railroad.	20850

(2) "Carryover property" means all real property on the	20851
current year's tax list except:	20852

(a) Land and improvements that were not taxed by the district	20853
in both the preceding year and the current year;	20854

(b) Land and improvements that were not in the same class in	20855
both the preceding year and the current year.	20856

(3) "Effective tax rate" means with respect to each class of	20857
property:	20858

(a) The sum of the total taxes that would have been charged	20859
and payable for current expenses against real property in that	20860
class if each of the district's taxes were reduced for the current	20861
year under division (D)(1) of this section without regard to the	20862
application of division (E)(3) of this section divided by	20863

(b) The taxable value of all real property in that class.

20864

(4) "Taxes charged and payable" means the taxes charged and	20865
payable prior to any reduction required by section 319.302 of the	20866
Revised Code.	20867

(C) The tax commissioner shall make the determinations	20868
required by this section each year, without regard to whether a	20869
taxing district has territory in a county to which section 5715.24	20870
of the Revised Code applies for that year. Separate determinations	20871
shall be made for each of the two classes established pursuant to	20872
section 5713.041 of the Revised Code.	20873

(D) With respect to each tax authorized to be levied by each	20874
taxing district, the tax commissioner, annually, shall do both of	20875
the following:	20876

(1) Determine by what percentage, if any, the sums levied by	20877
such tax against the carryover property in each class would have	20878
to be reduced for the tax to levy the same number of dollars	20879
against such property in that class in the current year as were	20880
charged against such property by such tax in the preceding year	20881
subsequent to the reduction made under this section but before the	20882
reduction made under section 319.302 of the Revised Code. In the	20883
case of a tax levied for the first time that is not a renewal of	20884
an existing tax, the commissioner shall determine by what	20885
percentage the sums that would otherwise be levied by such tax	20886
against carryover property in each class would have to be reduced	20887
to equal the amount that would have been levied if the full rate	20888
thereof had been imposed against the total taxable value of such	20889
property in the preceding tax year. A tax or portion of a tax that	20890
is designated a replacement levy under section 5705.192 of the	20891
Revised Code is not a renewal of an existing tax for purposes of	20892
this division.	20893

(2) Certify each percentage determined in division (D)(1) of	20894
this section, as adjusted under division (E) of this section, and	20895
the class of property to which that percentage applies to the	20896
auditor of each county in which the district has territory. The	20897
auditor, after complying with section 319.30 of the Revised Code,	20898
shall reduce the sum to be levied by such tax against each parcel	20899
of real property in the district by the percentage so certified	20900
for its class. Certification shall be made by the first day of	20901
September except in the case of a tax levied for the first time,	20902
in which case certification shall be made within fifteen days of	20903
the date the county auditor submits the information necessary to	20904
make the required determination.	20905

(E)(1) As used in division (E)(2) of this section, "pre-1982	20906
joint vocational taxes" means, with respect to a class of	20907
property, the difference between the following amounts:	20908

(a) The taxes charged and payable in tax year 1981 against	20909
the property in that class for the current expenses of the joint	20910
vocational school district of which the school district is a part	20911
after making all reductions under this section;	20912

(b) The following percentage of the taxable value of all real	20913
property in that class:	20914

(i) In 1987, five one-hundredths of one per cent;

20915

(ii) In 1988, one-tenth of one per cent;

20916

(iii) In 1989, fifteen one-hundredths of one per cent;

20917

(iv) In 1990 and each subsequent year, two-tenths of one per	20918
cent.	20919

If the amount in division (E)(1)(b) of this section exceeds	20920
the amount in division (E)(1)(a) of this section, the pre-1982	20921
joint vocational taxes shall be zero.	20922

As used in divisions (E)(2) and (3) of this section, "taxes	20923
charged and payable" has the same meaning as in division (B)(4) of	20924
this section and excludes any tax charged and payable in 1985 or	20925
thereafter under sections 5705.194 to 5705.197 or section	20926
5705.199, 5705.213, or 5705.219, or 5748.09 of the Revised Code.	20927

(2) If in the case of a school district other than a joint	20928
vocational or cooperative education school district any percentage	20929
required to be used in division (D)(2) of this section for either	20930
class of property could cause the total taxes charged and payable	20931
for current expenses to be less than two per cent of the taxable	20932
value of all real property in that class that is subject to	20933
taxation by the district, the commissioner shall determine what	20934
percentages would cause the district's total taxes charged and	20935
payable for current expenses against that class, after all	20936
reductions that would otherwise be made under this section, to	20937
equal, when combined with the pre-1982 joint vocational taxes	20938
against that class, the lesser of the following:	20939

(a) The sum of the rates at which those taxes are authorized	20940
to be levied;	20941

(b) Two per cent of the taxable value of the property in that	20942
class. The auditor shall use such percentages in making the	20943
reduction required by this section for that class.	20944

(3)(a) If in the case of a joint vocational school district	20945
any percentage required to be used in division (D)(2) of this	20946
section for either class of property could cause the total taxes	20947
charged and payable for current expenses for that class to be less	20948
than the designated amount, the commissioner shall determine what	20949
percentages would cause the district's total taxes charged and	20950
payable for current expenses for that class, after all reductions	20951
that would otherwise be made under this section, to equal the	20952
designated amount. The auditor shall use such percentages in	20953
making the reductions required by this section for that class.	20954

(b) As used in division (E)(3)(a) of this section, the	20955
designated amount shall equal the taxable value of all real	20956
property in the class that is subject to taxation by the district	20957
times the lesser of the following:	20958

(i) Two-tenths of one per cent;

20959

(ii) The district's effective rate plus the following	20960
percentage for the year indicated:	20961

WHEN COMPUTING THE	ADD THE FOLLOWING	20962
TAXES CHARGED FOR	PERCENTAGE:	20963
1987	0.025%	20964
1988	0.05%	20965
1989	0.075%	20966
1990	0.1%	20967
1991	0.125%	20968
1992	0.15%	20969
1993	0.175%	20970
1994 and thereafter	0.2%	20971

(F) No reduction shall be made under this section in the rate	20972
at which any tax is levied.	20973

(G) The commissioner may order a county auditor to furnish	20974
any information the commissioner needs to make the determinations	20975
required under division (D) or (E) of this section, and the	20976
auditor shall supply the information in the form and by the date	20977
specified in the order. If the auditor fails to comply with an	20978
order issued under this division, except for good cause as	20979
determined by the commissioner, the commissioner shall withhold	20980
from such county or taxing district therein fifty per cent of	20981
state revenues to local governments pursuant to section 5747.50 of	20982
the Revised Code or shall direct the department of education to	20983
withhold therefrom fifty per cent of state revenues to school	20984
districts pursuant to ~~Chapters 3306. and~~Chapter 3317. of the	20985
Revised Code. The commissioner shall withhold the distribution of	20986
such revenues until the county auditor has complied with this	20987
division, and the department shall withhold the distribution of	20988
such revenues until the commissioner has notified the department	20989
that the county auditor has complied with this division.	20990

(H) If the commissioner is unable to certify a tax reduction	20991
factor for either class of property in a taxing district located	20992
in more than one county by the last day of November because	20993
information required under division (G) of this section is	20994
unavailable, the commissioner may compute and certify an estimated	20995
tax reduction factor for that district for that class. The	20996
estimated factor shall be based upon an estimate of the	20997
unavailable information. Upon receipt of the actual information	20998
for a taxing district that received an estimated tax reduction	20999
factor, the commissioner shall compute the actual tax reduction	21000
factor and use that factor to compute the taxes that should have	21001
been charged and payable against each parcel of property for the	21002
year for which the estimated reduction factor was used. The amount	21003
by which the estimated factor resulted in an overpayment or	21004
underpayment in taxes on any parcel shall be added to or	21005
subtracted from the amount due on that parcel in the ensuing tax	21006
year.	21007

A percentage or a tax reduction factor determined or computed	21008
by the commissioner under this section shall be used solely for	21009
the purpose of reducing the sums to be levied by the tax to which	21010
it applies for the year for which it was determined or computed.	21011
It shall not be used in making any tax computations for any	21012
ensuing tax year.	21013

(I) In making the determinations under division (D)(1) of	21014
this section, the tax commissioner shall take account of changes	21015
in the taxable value of carryover property resulting from	21016
complaints filed under section 5715.19 of the Revised Code for	21017
determinations made for the tax year in which such changes are	21018
reported to the commissioner. Such changes shall be reported to	21019
the commissioner on the first abstract of real property filed with	21020
the commissioner under section 5715.23 of the Revised Code	21021
following the date on which the complaint is finally determined by	21022
the board of revision or by a court or other authority with	21023
jurisdiction on appeal. The tax commissioner shall account for	21024
such changes in making the determinations only for the tax year in	21025
which the change in valuation is reported. Such a valuation change	21026
shall not be used to recompute the percentages determined under	21027
division (D)(1) of this section for any prior tax year.	21028

Sec. 319.54. (A) On all moneys collected by the county	21029
treasurer on any tax duplicate of the county, other than estate	21030
tax duplicates, and on all moneys received as advance payments of	21031
personal property and classified property taxes, the county	21032
auditor, on settlement with the treasurer and tax commissioner, on	21033
or before the date prescribed by law for such settlement or any	21034
lawful extension of such date, shall be allowed as compensation	21035
for the county auditor's services the following percentages:	21036

(1) On the first one hundred thousand dollars, two and	21037
one-half per cent;	21038

(2) On the next two million dollars, eight thousand three	21039
hundred eighteen ten-thousandths of one per cent;	21040

(3) On the next two million dollars, six thousand six hundred	21041
fifty-five ten-thousandths of one per cent;	21042

(4) On all further sums, one thousand six hundred sixty-three	21043
ten-thousandths of one per cent.	21044

If any settlement is not made on or before the date	21045
prescribed by law for such settlement or any lawful extension of	21046
such date, the aggregate compensation allowed to the auditor shall	21047
be reduced one per cent for each day such settlement is delayed	21048
after the prescribed date. No penalty shall apply if the auditor	21049
and treasurer grant all requests for advances up to ninety per	21050
cent of the settlement pursuant to section 321.34 of the Revised	21051
Code. The compensation allowed in accordance with this section on	21052
settlements made before the dates prescribed by law, or the	21053
reduced compensation allowed in accordance with this section on	21054
settlements made after the date prescribed by law or any lawful	21055
extension of such date, shall be apportioned ratably by the	21056
auditor and deducted from the shares or portions of the revenue	21057
payable to the state as well as to the county, townships,	21058
municipal corporations, and school districts.	21059

(B) For the purpose of reimbursing county auditors for the	21060
expenses associated with the increased number of applications for	21061
reductions in real property taxes under sections 323.152 and	21062
4503.065 of the Revised Code that result from the amendment of	21063
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	21064
there shall be paid from the state's general revenue fund to the	21065
county treasury, to the credit of the real estate assessment fund	21066
created by section 325.31 of the Revised Code, an amount equal to	21067
one per cent of the total annual amount of property tax relief	21068
reimbursement paid to that county under sections 323.156 and	21069
4503.068 of the Revised Code for the preceding tax year. Payments	21070
made under this division shall be made at the same times and in	21071
the same manner as payments made under section 323.156 of the	21072
Revised Code.	21073

(C) From all moneys collected by the county treasurer on any	21074
tax duplicate of the county, other than estate tax duplicates, and	21075
on all moneys received as advance payments of personal property	21076
and classified property taxes, there shall be paid into the county	21077
treasury to the credit of the real estate assessment fund created	21078
by section 325.31 of the Revised Code, an amount to be determined	21079
by the county auditor, which shall not exceed the percentages	21080
prescribed in divisions (C)(1) and (2) of this section.	21081

(1) For payments made after June 30, 2007, and before 2011,	21082
the following percentages:	21083

(a) On the first five hundred thousand dollars, four per	21084
cent;	21085

(b) On the next five million dollars, two per cent;

21086

21087

(d) On all further sums not exceeding one hundred fifty	21088
million dollars, three-quarters of one per cent;	21089

(e) On amounts exceeding one hundred fifty million dollars,	21090
five hundred eighty-five thousandths of one per cent.	21091

(2) For payments made in or after 2011, the following	21092
percentages:	21093

(a) On the first five hundred thousand dollars, four per	21094
cent;	21095

(b) On the next ten million dollars, two per cent;

21096

(c) On amounts exceeding ten million five hundred thousand	21097
dollars, three-fourths of one per cent.	21098

Such compensation shall be apportioned ratably by the auditor	21099
and deducted from the shares or portions of the revenue payable to	21100
the state as well as to the county, townships, municipal	21101
corporations, and school districts.	21102

(D) Each county auditor shall receive four per cent of the	21103
amount of tax collected and paid into the county treasury, on	21104
property omitted and placed by the county auditor on the tax	21105
duplicate.	21106

(E) On all estate tax moneys collected by the county	21107
treasurer, the county auditor, on settlement semiannually with the	21108
tax commissioner, shall be allowed, as compensation for the	21109
auditor's services under Chapter 5731. of the Revised Code, the	21110
following percentages:	21111

(1) Four per cent on the first one hundred thousand dollars;

21112

(2) One-half of one per cent on all additional sums.

21113

Such percentages shall be computed upon the amount collected	21114
and reported at each semiannual settlement, and shall be for the	21115
use of the general fund of the county.	21116

(F) On all cigarette license moneys collected by the county	21117
treasurer, the county auditor, on settlement semiannually with the	21118
treasurer, shall be allowed as compensation for the auditor's	21119
services in the issuing of such licenses one-half of one per cent	21120
of such moneys, to be apportioned ratably and deducted from the	21121
shares of the revenue payable to the county and subdivisions, for	21122
the use of the general fund of the county.	21123

(G) The county auditor shall charge and receive fees as	21124
follows:	21125

(1) For deeds of land sold for taxes to be paid by the	21126
purchaser, five dollars;	21127

(2) For the transfer or entry of land, lot, or part of lot,	21128
or the transfer or entry on or after January 1, 2000, of a used	21129
manufactured home or mobile home as defined in section 5739.0210	21130
of the Revised Code, fifty cents for each transfer or entry, to be	21131
paid by the person requiring it;	21132

(3) For receiving statements of value and administering	21133
section 319.202 of the Revised Code, one dollar, or ten cents for	21134
each one hundred dollars or fraction of one hundred dollars,	21135
whichever is greater, of the value of the real property	21136
transferred or, for sales occurring on or after January 1, 2000,	21137
the value of the used manufactured home or used mobile home, as	21138
defined in section 5739.0210 of the Revised Code, transferred,	21139
except no fee shall be charged when the transfer is made:	21140

(a) To or from the United States, this state, or any	21141
instrumentality, agency, or political subdivision of the United	21142
States or this state;	21143

(b) Solely in order to provide or release security for a debt	21144
or obligation;	21145

(c) To confirm or correct a deed previously executed and	21146
recorded or when a current owner on any record made available to	21147
the general public on the internet or a publicly accessible	21148
database and the general tax list of real and public utility	21149
property and the general duplicate of real and public utility	21150
property is a peace officer, parole officer, prosecuting attorney,	21151
assistant prosecuting attorney, correctional employee, youth	21152
services employee, firefighter, EMT, or investigator of the bureau	21153
of criminal identification and investigation and is changing the	21154
current owner name listed on any record made available to the	21155
general public on the internet or a publicly accessible database	21156
and the general tax list of real and public utility property and	21157
the general duplicate of real and public utility property to the	21158
initials of the current owner as prescribed in division (B)(1) of	21159
section 319.28 of the Revised Code;	21160

(d) To evidence a gift, in trust or otherwise and whether	21161
revocable or irrevocable, between husband and wife, or parent and	21162
child or the spouse of either;	21163

(e) On sale for delinquent taxes or assessments;

21164

(f) Pursuant to court order, to the extent that such transfer	21165
is not the result of a sale effected or completed pursuant to such	21166
order;	21167

(g) Pursuant to a reorganization of corporations or	21168
unincorporated associations or pursuant to the dissolution of a	21169
corporation, to the extent that the corporation conveys the	21170
property to a stockholder as a distribution in kind of the	21171
corporation's assets in exchange for the stockholder's shares in	21172
the dissolved corporation;	21173

(h) By a subsidiary corporation to its parent corporation for	21174
no consideration, nominal consideration, or in sole consideration	21175
of the cancellation or surrender of the subsidiary's stock;	21176

(i) By lease, whether or not it extends to mineral or mineral	21177
rights, unless the lease is for a term of years renewable forever;	21178

(j) When the value of the real property or the manufactured	21179
or mobile home or the value of the interest that is conveyed does	21180
not exceed one hundred dollars;	21181

(k) Of an occupied residential property, including a	21182
manufactured or mobile home, being transferred to the builder of a	21183
new residence or to the dealer of a new manufactured or mobile	21184
home when the former residence is traded as part of the	21185
consideration for the new residence or new manufactured or mobile	21186
home;	21187

(l) To a grantee other than a dealer in real property or in	21188
manufactured or mobile homes, solely for the purpose of, and as a	21189
step in, the prompt sale of the real property or manufactured or	21190
mobile home to others;	21191

(m) To or from a person when no money or other valuable and	21192
tangible consideration readily convertible into money is paid or	21193
to be paid for the real estate or manufactured or mobile home and	21194
the transaction is not a gift;	21195

(n) Pursuant to division (B) of section 317.22 of the Revised	21196
Code, or section 2113.61 of the Revised Code, between spouses or	21197
to a surviving spouse pursuant to section 5302.17 of the Revised	21198
Code as it existed prior to April 4, 1985, between persons	21199
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	21200
after April 4, 1985, to a person who is a surviving, survivorship	21201
tenant pursuant to section 5302.17 of the Revised Code on or after	21202
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	21203

(o) To a trustee acting on behalf of minor children of the	21204
deceased;	21205

(p) Of an easement or right-of-way when the value of the	21206
interest conveyed does not exceed one thousand dollars;	21207

(q) Of property sold to a surviving spouse pursuant to	21208
section 2106.16 of the Revised Code;	21209

(r) To or from an organization exempt from federal income	21210
taxation under section 501(c)(3) of the "Internal Revenue Code of	21211
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	21212
transfer is without consideration and is in furtherance of the	21213
charitable or public purposes of such organization;	21214

(s) Among the heirs at law or devisees, including a surviving	21215
spouse, of a common decedent, when no consideration in money is	21216
paid or to be paid for the real property or manufactured or mobile	21217
home;	21218

(t) To a trustee of a trust, when the grantor of the trust	21219
has reserved an unlimited power to revoke the trust;	21220

(u) To the grantor of a trust by a trustee of the trust, when	21221
the transfer is made to the grantor pursuant to the exercise of	21222
the grantor's power to revoke the trust or to withdraw trust	21223
assets;	21224

(v) To the beneficiaries of a trust if the fee was paid on	21225
the transfer from the grantor of the trust to the trustee or if	21226
the transfer is made pursuant to trust provisions which became	21227
irrevocable at the death of the grantor;	21228

(w) To a corporation for incorporation into a sports facility	21229
constructed pursuant to section 307.696 of the Revised Code;	21230

(x) Between persons pursuant to section 5302.18 of the	21231
Revised Code;	21232

(y) From a county land reutilization corporation organized	21233
under Chapter 1724. of the Revised Code to a third party.	21234

(4) For the cost of publishing the delinquent manufactured	21235
home tax list, the delinquent tax list, and the delinquent vacant	21236
land tax list, a flat fee, as determined by the county auditor, to	21237
be charged to the owner of a home on the delinquent manufactured	21238
home tax list or the property owner of land on the delinquent tax	21239
list or the delinquent vacant land tax list.	21240

The auditor shall compute and collect the fee. The auditor	21241
shall maintain a numbered receipt system, as prescribed by the tax	21242
commissioner, and use such receipt system to provide a receipt to	21243
each person paying a fee. The auditor shall deposit the receipts	21244
of the fees on conveyances in the county treasury daily to the	21245
credit of the general fund of the county, except that fees charged	21246
and received under division (G)(3) of this section for a transfer	21247
of real property to a county land reutilization corporation shall	21248
be credited to the county land reutilization corporation fund	21249
established under section 321.263 of the Revised Code.	21250

The real property transfer fee provided for in division	21251
(G)(3) of this section shall be applicable to any conveyance of	21252
real property presented to the auditor on or after January 1,	21253
1968, regardless of its time of execution or delivery.	21254

The transfer fee for a used manufactured home or used mobile	21255
home shall be computed by and paid to the county auditor of the	21256
county in which the home is located immediately prior to the	21257
transfer.	21258

Sec. 319.63. (A) During the first thirty days of each	21259
calendar quarter, the county auditor shall pay to the treasurer of	21260
state all amounts that the county recorder collected as housing	21261
trust fund fees pursuant to section 317.36 of the Revised Code	21262
during the previous calendar quarter. If payment is made to the	21263
treasurer of state within the first thirty days of the quarter,	21264
the county auditor may retain an administrative fee of ~~one~~ten per	21265
cent of the amount of the trust fund fees collected during the	21266
previous calendar quarter.	21267

(B) The treasurer of state shall deposit the first fifty	21268
million dollars of housing trust fund fees received each year	21269
pursuant to this section into the low- and moderate-income housing	21270
trust fund, created under section 174.02 of the Revised Code, and	21271
shall deposit any amounts received each year in excess of fifty	21272
million dollars into the state general revenue fund.	21273

(C) The county auditor shall deposit the administrative fee	21274
that the auditor is permitted to retain pursuant to division (A)	21275
of this section into the county general fund to be used for the	21276
general needs of the county recorder ~~to use in administering the~~	21277
~~trust fund fee~~.	21278

Sec. 321.18. As soon as sufficient funds are in the county	21279
treasury to redeem the warrants drawn on the treasury, and on	21280
which interest is accruing, the county treasurer shall give notice	21281
in a newspaper ~~published in and circulating~~of general circulation	21282
in ~~his~~the county that hethe treasurer is ready to redeem such	21283
warrants, and from the date of the notice the interest on such	21284
warrants shall cease.	21285

Sec. 321.261. (A) ~~Five~~In each county treasury there shall	21286
be created the treasurer's delinquent tax and assessment	21287
collection fund and the prosecuting attorney's delinquent tax and	21288
assessment collection fund. Except as otherwise provided in this	21289
division, two and one-half per cent of all delinquent real	21290
property, personal property, and manufactured and mobile home	21291
taxes and assessments collected by the county treasurer shall be	21292
deposited in the treasurer's delinquent tax and assessment	21293
collection fund, ~~which shall be created in the county treasury.~~	21294
~~Except as otherwise provided in division (D) of this section, the~~	21295
~~moneys in the fund, one-half of which shall be appropriated by the~~	21296
~~board of county commissioners to the treasurer and one-half of~~	21297
~~which shall be appropriated to the county prosecuting attorney,~~	21298
and two and one-half per cent of such delinquent taxes and	21299
assessments shall be deposited in the prosecuting attorney's	21300
delinquent tax and assessment collection fund. The board of county	21301
commissioners shall appropriate to the county treasurer from the	21302
treasurer's delinquent tax and assessment collection fund, and	21303
shall appropriate to the prosecuting attorney from the prosecuting	21304
attorney's delinquent tax and assessment collection fund, money to	21305
the credit of the respective fund, and except as provided in	21306
division (D) of this section, the appropriation shall be used only	21307
for the following purposes:	21308

(1) By the county treasurer ~~and~~or the county prosecuting	21309
attorney in connection with the collection of delinquent real	21310
property, personal property, and manufactured and mobile home	21311
taxes and assessments, including proceedings related to	21312
foreclosure of the state's lien for such taxes against such	21313
property;	21314

(2) With respect to any portion of the amount appropriated to	21315
~~the county treasurer~~from the treasurer's delinquent tax and	21316
assessment collection fund for the benefit of ~~the~~a county land	21317
reutilization corporation organized under Chapter 1724. of the	21318
Revised Code, ~~whether by transfer to or other application on~~	21319
~~behalf of,~~ the county land reutilization corporation. Upon the	21320
deposit of amounts in the treasurer's delinquent tax and	21321
assessment collection fund ~~of the county~~, any amounts allocated at	21322
the direction of the treasurer to the support of the county land	21323
reutilization corporation shall be paid out of such fund to the	21324
corporation upon a warrant of the county auditor.	21325

If the balance in the treasurer's or prosecuting attorney's	21326
delinquent tax and assessment collection fund exceeds three times	21327
the amount deposited into the fund in the preceding year, the	21328
treasurer or prosecuting attorney, on or before the twentieth day	21329
of October of the current year, may direct the county auditor to	21330
forgo the allocation of delinquent taxes and assessments to that	21331
officer's respective fund in the ensuing year. If the county	21332
auditor receives such direction, the auditor shall cause the	21333
portion of taxes and assessments that otherwise would be credited	21334
to the fund under this section in that ensuing year to be	21335
allocated and distributed among taxing units' funds as otherwise	21336
provided in this chapter and other applicable law.	21337

(B) During the period of time that a county land	21338
reutilization corporation is functioning as such on behalf of a	21339
county, the board of county commissioners, upon the request of the	21340
county treasurer, may designate by resolution that an additional	21341
amount, not exceeding five per cent of all collections of	21342
delinquent real property, personal property, and manufactured and	21343
mobile home taxes and assessments, shall be deposited in the	21344
treasurer's delinquent tax and assessment collection fund and be	21345
available for appropriation by the board for the use of the	21346
corporation. Any such amounts so deposited and appropriated under	21347
this division shall be paid out of the treasurer's delinquent tax	21348
and assessment collection fund to the corporation upon a warrant	21349
of the county auditor.	21350

(C) Annually by the first day of December, the county	21351
treasurer and the prosecuting attorney each shall submit a report	21352
to the board of county commissioners regarding the use of the	21353
moneys appropriated tofrom their respective ~~offices from the~~	21354
delinquent tax and assessment collection ~~fund~~funds. Each report	21355
shall specify the amount appropriated ~~to the office~~from the fund	21356
during the current calendar year, an estimate of the amount so	21357
appropriated that will be expended by the end of the year, a	21358
summary of how the amount appropriated has been expended in	21359
connection with delinquent tax collection activities or land	21360
reutilization, and an estimate of the amount that will be credited	21361
to the fund during the ensuing calendar year.	21362

The annual report of a county land reutilization corporation	21363
required by section 1724.05 of the Revised Code shall include	21364
information regarding the amount and use of the moneys that the	21365
corporation received from the treasurer's delinquent tax and	21366
assessment collection fund ~~of the county~~.	21367

(D)(1) In any county, if the county treasurer or prosecuting	21368
attorney determines that the ~~amount appropriated to the office~~	21369
~~from the county's~~balance to the credit of that officer's	21370
corresponding delinquent tax and assessment collection fund ~~under~~	21371
~~division (A) of this section~~ exceeds the amount required to be	21372
used as prescribed by ~~that~~ division (A) of this section, the	21373
county treasurer or prosecuting attorney may expend the excess to	21374
prevent residential mortgage foreclosures in the county and to	21375
address problems associated with other foreclosed real property.	21376
The amount used for that purpose in any year may not exceed the	21377
amount that would cause the fund to have a reserve of less than	21378
twenty per cent of the amount expended in the preceding year for	21379
the purposes of division (A) of this section. The county treasurer	21380
or prosecuting attorney may not expend any money from the	21381
officer's fund for the purpose of land reutilization unless the	21382
county treasurer or prosecuting attorney obtains the approval of	21383
the county investment advisory committee established under section	21384
135.341 of the Revised Code.	21385

Money authorized to be expended under division (D)(1) of this	21386
section shall be used to provide financial assistance in the form	21387
of loans to borrowers in default on their home mortgages,	21388
including for the payment of late fees, to clear arrearage	21389
balances, and to augment moneys used in the county's foreclosure	21390
prevention program. The money also may be used to assist municipal	21391
corporations or townships in the county, upon their application to	21392
the county treasurer, prosecuting attorney, or the county	21393
department of development, in the nuisance abatement of	21394
deteriorated residential buildings in foreclosure, or vacant,	21395
abandoned, tax-delinquent, or blighted real property, including	21396
paying the costs of boarding up such buildings, lot maintenance,	21397
and demolition.	21398

(2) In a county having a population of more than one hundred	21399
thousand according to the department of development's 2006 census	21400
estimate, if the county treasurer or prosecuting attorney	21401
determines that the ~~amount appropriated to the office from the~~	21402
~~county's~~balance to the credit of that officer's corresponding	21403
delinquent tax and assessment collection fund ~~under division (A)~~	21404
~~of this section~~ exceeds the amount required to be used as	21405
prescribed by ~~that~~ division (A) of this section, the county	21406
treasurer or prosecuting attorney may expend the excess to assist	21407
townships or municipal corporations located in the county as	21408
provided in division (D)(2) of this section, provided that the	21409
combined amount so expended each year in a county shall not exceed	21410
three million dollars. Upon application for the funds by a	21411
township or municipal corporation, the county treasurer ~~and~~or	21412
prosecuting attorney may assist the township or municipal	21413
corporation in abating foreclosed residential nuisances, including	21414
paying the costs of securing such buildings, lot maintenance, and	21415
demolition. At the prosecuting attorney's discretion, the	21416
prosecuting attorney also may apply the funds to costs of	21417
prosecuting alleged violations of criminal and civil laws	21418
governing real estate and related transactions, including fraud	21419
and abuse.	21420

Sec. 322.02. (A) For the purpose of paying the costs of	21421
enforcing and administering the tax and providing additional	21422
general revenue for the county, any county may levy and collect a	21423
tax to be known as the real property transfer tax on each deed	21424
conveying real property or any interest in real property located	21425
wholly or partially within the boundaries of the county at a rate	21426
not to exceed thirty cents per hundred dollars for each one	21427
hundred dollars or fraction thereof of the value of the real	21428
property or interest in real property located within the	21429
boundaries of the county granted, assigned, transferred, or	21430
otherwise conveyed by the deed. The tax shall be levied pursuant	21431
to a resolution adopted by the board of county commissioners of	21432
the county and, except as provided in division (A) of section	21433
322.07 of the Revised Code, shall be levied at a uniform rate upon	21434
all deeds as defined in division (D) of section 322.01 of the	21435
Revised Code. Prior to the adoption of any such resolution, the	21436
board of county commissioners shall conduct two public hearings	21437
thereon, the second hearing to be not less than three nor more	21438
than ten days after the first. Notice of the date, time, and place	21439
of the hearings shall be given by publication in a newspaper of	21440
general circulation in the county once a week on the same day of	21441
the week for two consecutive weeks~~, the~~or as provided in section	21442
7.16 of the Revised Code. The second publication ~~being~~shall be	21443
not less than ten nor more than thirty days prior to the first	21444
hearing. The tax shall be levied upon the grantor named in the	21445
deed and shall be paid by the grantor for the use of the county to	21446
the county auditor at the time of the delivery of the deed as	21447
provided in section 319.202 of the Revised Code and prior to the	21448
presentation of the deed to the recorder of the county for	21449
recording.	21450

(B) No resolution levying a real property transfer tax	21451
pursuant to this section or a manufactured home transfer tax	21452
pursuant to section 322.06 of the Revised Code shall be effective	21453
sooner than thirty days following its adoption. Such a resolution	21454
is subject to a referendum as provided in sections 305.31 to	21455
305.41 of the Revised Code, unless the resolution is adopted as an	21456
emergency measure necessary for the immediate preservation of the	21457
public peace, health, or safety, in which case it shall go into	21458
immediate effect. An emergency measure must receive an affirmative	21459
vote of all of the members of the board of commissioners, and	21460
shall state the reasons for the necessity. A resolution may direct	21461
the board of elections to submit the question of levying the tax	21462
to the electors of the county at the next primary or general	21463
election in the county occurring not less than ninety days after	21464
the resolution is certified to the board. No such resolution shall	21465
go into effect unless approved by a majority of those voting upon	21466
it.	21467

Sec. 322.021. The question of a repeal of a county	21468
permissive tax adopted as an emergency measure pursuant to	21469
division (B) of section 322.02 of the Revised Code may be	21470
initiated by filing with the board of elections of the county not	21471
less than ninety days before the general election in any year a	21472
petition requesting that an election be held on such question.	21473
Such petition shall be signed by qualified electors residing in	21474
the county equal in number to ten per cent of those voting for	21475
governor at the most recent gubernatorial election.	21476

After determination by it that such petition is valid, the	21477
board of elections shall submit the question to the electors of	21478
the county at the next general election. The election shall be	21479
conducted, canvassed, and certified in the same manner as regular	21480
elections for county offices in the county. Notice of the election	21481
shall be published in a newspaper of general circulation in the	21482
district once a week for two consecutive weeks prior to the	21483
election ~~and, if~~or as provided in section 7.16 of the Revised	21484
Code. If the board of elections operates and maintains a web site,	21485
notice of the election also shall be posted on that web site for	21486
thirty days prior to the election. The notice shall state the	21487
purpose, time, and place of the election. The form of the ballot	21488
cast at such election shall be prescribed by the secretary of	21489
state. The question covered by such petition shall be submitted as	21490
a separate proposition, but it may be printed on the same ballot	21491
with any other proposition submitted at the same election other	21492
than the election of officers. If a majority of the qualified	21493
electors voting on the question of repeal approve the repeal, the	21494
result of the election shall be certified immediately after the	21495
canvass by the board of elections to the board of county	21496
commissioners, who shall thereupon, after the current year, cease	21497
to levy the tax.	21498

Sec. 323.08. After certifying the tax list and duplicate	21499
pursuant to section 319.28 of the Revised Code, the county auditor	21500
shall deliver a list of the tax rates, tax reduction factors, and	21501
effective tax rates assessed and applied against each of the two	21502
classes of property of the county to the county treasurer, who	21503
shall immediately cause a schedule of such tax rates and effective	21504
rates to be published in a newspaper of ~~the type described in~~	21505
~~section 5721.01 of the Revised Code having~~ general circulation in	21506
the county or, in lieu of such publication, the county treasurer	21507
may insert a copy of such schedule with each tax bill mailed. Such	21508
schedule shall specify particularly the rates and effective rates	21509
of taxation levied for all purposes on the tax list and duplicate	21510
for the support of the various taxing units within the county,	21511
expressed in dollars and cents for each one thousand dollars of	21512
valuation. The effective tax rates shall be printed in boldface	21513
type.	21514

The county treasurer shall publish notice of the date of the	21515
last date for payment of each installment of taxes once a week for	21516
two successive weeks prior to such date in ~~two newspapers~~a	21517
newspaper of general circulation within the county or as provided	21518
in section 7.16 of the Revised Code. ~~If only one such newspaper~~	21519
~~exists, the notice shall be published in it.~~ The notice shall be	21520
inserted in a conspicuous place in ~~each~~the newspaper and shall	21521
also contain notice that any taxes paid after such date will	21522
accrue a penalty and interest and that failure to receive a tax	21523
bill will not avoid such penalty and interest. The notice shall	21524
contain a telephone number that may be called by taxpayers who	21525
have not received tax bills.	21526

As used in this section and section 323.131 of the Revised	21527
Code, "effective tax rate" means the effective rate after making	21528
the reduction required by section 319.301, but before making the	21529
reduction required by section 319.302 of the Revised Code.	21530

Sec. 323.73. (A) Except as provided in division (G) of this	21531
section or section 323.78 of the Revised Code, a parcel of	21532
abandoned land that is to be disposed of under this section shall	21533
be disposed of at a public auction scheduled and conducted as	21534
described in this section. At least twenty-one days prior to the	21535
date of the public auction, the clerk of court or sheriff of the	21536
county shall advertise the public auction in a newspaper of	21537
general circulation that meets the requirements of section 7.12 of	21538
the Revised Code in the county in which the land is located. The	21539
advertisement shall include the date, time, and place of the	21540
auction, the permanent parcel number of the land if a permanent	21541
parcel number system is in effect in the county as provided in	21542
section 319.28 of the Revised Code or, if a permanent parcel	21543
number system is not in effect, any other means of identifying the	21544
parcel, and a notice stating that the abandoned land is to be sold	21545
subject to the terms of sections 323.65 to 323.79 of the Revised	21546
Code.	21547

(B) The sheriff of the county or a designee of the sheriff	21548
shall conduct the public auction at which the abandoned land will	21549
be offered for sale. To qualify as a bidder, a person shall file	21550
with the sheriff on a form provided by the sheriff a written	21551
acknowledgment that the abandoned land being offered for sale is	21552
to be conveyed in fee simple to the successful bidder. At the	21553
auction, the sheriff of the county or a designee of the sheriff	21554
shall begin the bidding at an amount equal to the total of the	21555
impositions against the abandoned land, plus the costs apportioned	21556
to the land under section 323.75 of the Revised Code. The	21557
abandoned land shall be sold to the highest bidder. The county	21558
sheriff or designee may reject any and all bids not meeting the	21559
minimum bid requirements specified in this division.	21560

(C) Except as otherwise permitted under section 323.74 of the	21561
Revised Code, the successful bidder at a public auction conducted	21562
under this section shall pay the sheriff of the county or a	21563
designee of the sheriff a deposit of at least ten per cent of the	21564
purchase price in cash, or by bank draft or official bank check,	21565
at the time of the public auction, and shall pay the balance of	21566
the purchase price within thirty days after the day on which the	21567
auction was held. Notwithstanding section 321.261 of the Revised	21568
Code, with respect to any proceedings initiated pursuant to	21569
sections 323.65 to 323.79 of the Revised Code, from the total	21570
proceeds arising from the sale, transfer, or redemption of	21571
abandoned land, twenty per cent of such proceeds shall be	21572
deposited to the credit of the county treasurer's delinquent tax	21573
and assessment collection fund to reimburse the fund for costs	21574
paid from the fund for the transfer, redemption, or sale of	21575
abandoned land at public auction. Not more than one-half of the	21576
twenty per cent may be used by the treasurer for community	21577
development, nuisance abatement, foreclosure prevention,	21578
demolition, and related services or distributed by the treasurer	21579
to a land reutilization corporation. The balance of the proceeds,	21580
if any, shall be distributed to the appropriate political	21581
subdivisions and other taxing units in proportion to their	21582
respective claims for taxes, assessments, interest, and penalties	21583
on the land. Upon the sale of foreclosed lands, the clerk of court	21584
shall hold any surplus proceeds in excess of the impositions until	21585
the clerk receives an order of priority and amount of distribution	21586
of the surplus that are adjudicated by a court of competent	21587
jurisdiction or receives a certified copy of an agreement between	21588
the parties entitled to a share of the surplus providing for the	21589
priority and distribution of the surplus. Any party to the action	21590
claiming a right to distribution of surplus shall have a separate	21591
cause of action in the county or municipal court of the	21592
jurisdiction in which the land reposes, provided the board	21593
confirms the transfer or regularity of the sale. Any dispute over	21594
the distribution of the surplus shall not affect or revive the	21595
equity of redemption after the board confirms the transfer or	21596
sale.	21597

(D) Upon the sale or transfer of abandoned land pursuant to	21598
this section, the owner's fee simple interest in the land shall be	21599
conveyed to the purchaser. A conveyance under this division is	21600
free and clear of any liens and encumbrances of the parties named	21601
in the complaint for foreclosure attaching before the sale or	21602
transfer, and free and clear of any liens for taxes, except for	21603
federal tax liens and covenants and easements of record attaching	21604
before the sale.	21605

(E) The county board of revision shall reject the sale of	21606
abandoned land to any person if it is shown by a preponderance of	21607
the evidence that the person is delinquent in the payment of taxes	21608
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739.,	21609
5741., or 5743. of the Revised Code or any real property taxing	21610
provision of the Revised Code. The board also shall reject the	21611
sale of abandoned land to any person if it is shown by a	21612
preponderance of the evidence that the person is delinquent in the	21613
payment of property taxes on any parcel in the county, or to a	21614
member of any of the following classes of parties connected to	21615
that person:	21616

(1) A member of that person's immediate family;

21617

(2) Any other person with a power of attorney appointed by	21618
that person;	21619

(3) A sole proprietorship owned by that person or a member of	21620
that person's immediate family;	21621

(4) A partnership, trust, business trust, corporation,	21622
association, or other entity in which that person or a member of	21623
that person's immediate family owns or controls directly or	21624
indirectly any beneficial or legal interest.	21625

(F) If the purchase of abandoned land sold pursuant to this	21626
section or section 323.74 of the Revised Code is for less than the	21627
sum of the impositions against the abandoned land and the costs	21628
apportioned to the land under division (A) of section 323.75 of	21629
the Revised Code, then, upon the sale or transfer, all liens for	21630
taxes due at the time the deed of the property is conveyed to the	21631
purchaser following the sale or transfer, and liens subordinate to	21632
liens for taxes, shall be deemed satisfied and discharged.	21633

(G) If the county board of revision finds that the total of	21634
the impositions against the abandoned land are greater than the	21635
fair market value of the abandoned land as determined by the	21636
auditor's then-current valuation of that land, the board, at any	21637
final hearing under section 323.70 of the Revised Code, may order	21638
the property foreclosed and, without an appraisal or public	21639
auction, order the sheriff to execute a deed to the certificate	21640
holder or county land reutilization corporation that filed a	21641
complaint under section 323.69 of the Revised Code, or to a	21642
community development organization, school district, municipal	21643
corporation, county, or township, whichever is applicable, as	21644
provided in section 323.74 of the Revised Code. Upon a transfer	21645
under this division, all liens for taxes due at the time the deed	21646
of the property is transferred to the certificate holder,	21647
community development organization, school district, municipal	21648
corporation, county, or township following the conveyance, and	21649
liens subordinate to liens for taxes, shall be deemed satisfied	21650
and discharged.	21651

Sec. 323.75. (A) The county treasurer or county prosecuting	21652
attorney shall apportion the costs of the proceedings with respect	21653
to abandoned lands offered for sale at a public auction held	21654
pursuant to section 323.73 or 323.74 of the Revised Code among	21655
those lands according to actual identified costs, equally, or in	21656
proportion to the fair market values of the lands. The costs of	21657
the proceedings include the costs of conducting the title search,	21658
notifying record owners or other persons required to be notified	21659
of the pending sale, advertising the sale, and any other costs	21660
incurred by the county board of revision, county treasurer, county	21661
auditor, clerk of court, prosecuting attorney, or county sheriff	21662
in performing their duties under sections 323.65 to 323.79 of the	21663
Revised Code.	21664

(B) All costs assessed in connection with proceedings under	21665
sections 323.65 to 323.79 of the Revised Code may be paid after	21666
they are incurred, as follows:	21667

(1) If the abandoned land in question is purchased at public	21668
auction, from the purchaser of the abandoned land;	21669

(2) In the case of abandoned land transferred to a community	21670
development organization, school district, municipal corporation,	21671
county, or township under section 323.74 of the Revised Code, from	21672
either of the following:	21673

(a) At the discretion of the county treasurer, in whole or in	21674
part from the delinquent tax and assessment collection ~~fund~~funds	21675
created under section 321.261 of the Revised Code, ~~in which case~~	21676
~~the amount shall be a prior charge to the fund before its equal~~	21677
~~allocation between~~allocated equally among the respective funds of	21678
the county treasurer and of the prosecuting attorney;	21679

(b) From the community development organization, school	21680
district, municipal corporation, county, or township, whichever is	21681
applicable.	21682

(3) If the abandoned land in question is transferred to a	21683
certificate holder, from the certificate holder.	21684

(C) If a parcel of abandoned land is sold or otherwise	21685
transferred pursuant to sections 323.65 to 323.79 of the Revised	21686
Code, the officer who conducted the sale or made the transfer, the	21687
prosecuting attorney, or the county treasurer may collect a	21688
recording fee from the purchaser or transferee of the parcel at	21689
the time of the sale or transfer and shall prepare the deed	21690
conveying title to the parcel or execute the deed prepared by the	21691
board for that purpose. That officer or the prosecuting attorney	21692
or treasurer is authorized to record on behalf of that purchaser	21693
or transferee the deed conveying title to the parcel,	21694
notwithstanding that the deed may not actually have been delivered	21695
to the purchaser or transferee prior to the recording of the deed.	21696
Receiving title to a parcel under sections 323.65 to 323.79 of the	21697
Revised Code constitutes the transferee's consent to an officer,	21698
prosecuting attorney, or county treasurer to file the deed to the	21699
parcel for recording. Nothing in this division shall be construed	21700
to require an officer, prosecuting attorney, or treasurer to file	21701
a deed or to relieve a transferee's obligation to file a deed.	21702
Upon confirmation of that sale or transfer, the deed shall be	21703
deemed delivered to the purchaser or transferee of the parcel.	21704

Sec. 324.02. For the purpose of providing additional general	21705
revenues for the county and paying the expense of administering	21706
such levy, any county may levy a county excise tax to be known as	21707
the utilities service tax on the charge for every utility service	21708
to customers within the county at a rate not to exceed two per	21709
cent of such charge. On utility service to customers engaged in	21710
business, the tax shall be imposed at a rate of one hundred fifty	21711
per cent of the rate imposed upon all other consumers within the	21712
county. The tax shall be levied pursuant to a resolution adopted	21713
by the board of county commissioners of the county and shall be	21714
levied at uniform rates required by this section upon all charges	21715
for utility service except as provided in section 324.03 of the	21716
Revised Code. The tax shall be levied upon the customer and shall	21717
be paid by the customer to the utility supplying the service at	21718
the time the customer pays the utility for the service. If the	21719
charge for utility service is billed to a person other than the	21720
customer at the request of such person, the tax commissioner of	21721
the state may, in accordance with section 324.04 of the Revised	21722
Code, provide for the levy of the tax against and the payment of	21723
the tax by such other person. Each utility furnishing a utility	21724
service the charge for which is subject to the tax shall set forth	21725
the tax as a separate item on each bill or statement rendered to	21726
the customer.	21727

Prior to the adoption of any resolution levying a utilities	21728
service tax the board of county commissioners shall conduct two	21729
public hearings thereon, the second hearing to be not less than	21730
three nor more than ten days after the first. Notice of the date,	21731
time, and place of such hearings shall be given by publication in	21732
a newspaper of general circulation in the county once a week on	21733
the same day of the week for two consecutive weeks~~, the~~or as	21734
provided in section 7.16 of the Revised Code. The second	21735
publication ~~being~~shall be not less than ten nor more than thirty	21736
days prior to the first hearing. No resolution levying a utilities	21737
service tax pursuant to this section of the Revised Code shall be	21738
effective sooner than thirty days following its adoption and such	21739
resolution is subject to a referendum as provided in sections	21740
305.31 to 305.41 of the Revised Code, unless such resolution is	21741
adopted as an emergency measure necessary for the immediate	21742
preservation of the public peace, health, or safety, in which case	21743
it shall go into immediate effect. Such emergency measure must	21744
receive an affirmative vote of all of the members of the board of	21745
commissioners, and shall state the reasons for such necessity. A	21746
resolution may direct the board of elections to submit the	21747
question of levying the tax to the electors of the county at the	21748
next primary or general election in the county occurring not less	21749
than ninety days after such resolution is certified to the board.	21750
No such resolution shall go into effect unless approved by a	21751
majority of those voting upon it. The tax levied by such	21752
resolution shall apply to all bills rendered subsequent to the	21753
sixtieth day after the effective date of the resolution. No bills	21754
shall be rendered out of the ordinary course of business to avoid	21755
payment of the tax.	21756

Sec. 324.021. The question of repeal of a county permissive	21757
tax adopted as an emergency measure pursuant to section 324.02 of	21758
the Revised Code may be initiated by filing with the board of	21759
elections of the county not less than ninety days before the	21760
general election in any year a petition requesting that an	21761
election be held on such question. Such petition shall be signed	21762
by qualified electors residing in the county equal in number to	21763
ten per cent of those voting for governor at the most recent	21764
gubernatorial election.	21765

After determination by it that such petition is valid, the	21766
board of elections shall submit the question to the electors of	21767
the county at the next general election. The election shall be	21768
conducted, canvassed, and certified in the same manner as regular	21769
elections for county offices in the county. Notice of the election	21770
shall be published in a newspaper of general circulation in the	21771
district once a week for two consecutive weeks prior to the	21772
election ~~and, if~~or as provided in section 7.16 of the Revised	21773
Code. If the board of elections operates and maintains a web site,	21774
notice of the election also shall be posted on that web site for	21775
thirty days prior to the election. The notice shall state the	21776
purpose, time, and place of the election. The form of the ballot	21777
cast at such election shall be prescribed by the secretary of	21778
state. The question covered by such petition shall be submitted as	21779
a separate proposition, but it may be printed on the same ballot	21780
with any other proposition submitted at the same election other	21781
than the election of officers. If a majority of the qualified	21782
electors voting on the question of repeal approve the repeal, the	21783
result of the election shall be certified immediately after the	21784
canvass by the board of elections to the board of county	21785
commissioners, who shall thereupon, after the current year, cease	21786
to levy the tax.	21787

Sec. 325.20. (A) Except as otherwise provided by law, no	21788
elected county officer and no deputy or employee of the county	21789
shall attend, at county expense, any association meeting,	21790
convention, or training sessions conducted pursuant to section	21791
901.10 of the Revised Code, unless authorized by the board of	21792
county commissioners. Before such allowance may be made, the head	21793
of the county office desiring it shall apply to the board in	21794
writing showing the necessity of such attendance and the probable	21795
costs to the county. If a majority of the members of the board	21796
approves the application, such expenses shall be paid from the	21797
moneys appropriated to such office for traveling expenses.	21798

(B) The board of county commissioners shall approve or	21799
disapprove any travel outside this state if the travel expenses	21800
will or may be in excess of one hundred dollars and will or may be	21801
paid for from funds in either of the delinquent tax and assessment	21802
collection ~~fund~~funds created in section 321.261 of the Revised	21803
Code or the real estate assessment fund created in section 325.31	21804
of the Revised Code. The head of the county office seeking	21805
approval shall apply to the board in writing showing the necessity	21806
of the travel and the probable costs to the county from either ~~the~~	21807
delinquent tax and assessment collection fund or from the real	21808
estate assessment fund. If the travel is requested by a county	21809
auditor, and the board does not approve the travel, the auditor	21810
may not apply to the tax commissioner pursuant to section 5713.01	21811
of the Revised Code for an additional allowance for such travel.	21812

Sec. 340.02. As used in this section, "mental health	21813
professional" means a person who is qualified to work with	21814
mentally ill persons, pursuant to standards established by the	21815
director of mental health under section 5119.611 of the Revised	21816
Code.	21817

For each alcohol, drug addiction, and mental health service	21818
district, there shall be appointed a board of alcohol, drug	21819
addiction, and mental health services of eighteen members. Nine	21820
members shall be interested in mental health programs and	21821
facilities and nine other members shall be interested in alcohol	21822
or drug addiction programs. All members shall be residents of the	21823
service district. The membership shall, as nearly as possible,	21824
reflect the composition of the population of the service district	21825
as to race and sex.	21826

The director of mental health shall appoint four members of	21827
the board, the director of alcohol and drug addiction services	21828
shall appoint four members, and the board of county commissioners	21829
shall appoint ten members. In a joint-county district, the county	21830
commissioners of each participating county shall appoint members	21831
in as nearly as possible the same proportion as that county's	21832
population bears to the total population of the district, except	21833
that at least one member shall be appointed from each	21834
participating county.	21835

The director of mental health shall ensure that at least one	21836
member of the board is a psychiatrist and one member of the board	21837
is a mental health professional. If the appointment of a	21838
psychiatrist is not possible, as determined under rules adopted by	21839
the director, a licensed physician may be appointed in place of	21840
the psychiatrist. If the appointment of a licensed physician is	21841
not possible, the director of mental health may waive the	21842
requirement that the psychiatrist or licensed physician be a	21843
resident of the service district and appoint a psychiatrist or	21844
licensed physician from a contiguous county. The director of	21845
mental health shall ensure that at least one member of the board	21846
is a person who has received or is receiving mental health	21847
services paid for by public funds and at least one member is a	21848
parent or other relative of such a person.	21849

The director of alcohol and drug addiction services shall	21850
ensure that at least one member of the board is a professional in	21851
the field of alcohol or drug addiction services and one member of	21852
the board is an advocate for persons receiving treatment for	21853
alcohol or drug addiction. Of the members appointed by the	21854
director of alcohol and drug addiction services, at least one	21855
shall be a person who has received or is receiving services for	21856
alcohol or drug addiction, and at least one shall be a parent or	21857
other relative of such a person.	21858

No member or employee of a board of alcohol, drug addiction,	21859
and mental health services shall serve as a member of the board of	21860
any agency with which the board of alcohol, drug addiction, and	21861
mental health services has entered into a contract for the	21862
provision of services or facilities. No member of a board of	21863
alcohol, drug addiction, and mental health services shall be an	21864
employee of any agency with which the board has entered into a	21865
contract for the provision of services or facilities, unless the	21866
board member's employment duties with the agency consist of	21867
providing, only outside the district the board serves, services	21868
for which the medicaid program pays. No person shall be an	21869
employee of a board and such an agency unless the board and agency	21870
both agree in writing.	21871

No person shall serve as a member of the board of alcohol,	21872
drug addiction, and mental health services whose spouse, child,	21873
parent, brother, sister, grandchild, stepparent, stepchild,	21874
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	21875
daughter-in-law, brother-in-law, or sister-in-law serves as a	21876
member of the board of any agency with which the board of alcohol,	21877
drug addiction, and mental health services has entered into a	21878
contract for the provision of services or facilities. No person	21879
shall serve as a member or employee of the board whose spouse,	21880
child, parent, brother, sister, stepparent, stepchild,	21881
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	21882
daughter-in-law, brother-in-law, or sister-in-law serves as a	21883
county commissioner of a county or counties in the alcohol, drug	21884
addiction, and mental health service district.	21885

Each year each board member shall attend at least one	21886
inservice training session provided or approved by the department	21887
of mental health or the department of alcohol and drug addiction	21888
services. Such training sessions shall not be considered to be	21889
regularly scheduled meetings of the board.	21890

Each member shall be appointed for a term of four years,	21891
commencing the first day of July, except that one-third of initial	21892
appointments to a newly established board, and to the extent	21893
possible to expanded boards, shall be for terms of two years,	21894
one-third of initial appointments shall be for terms of three	21895
years, and one-third of initial appointments shall be for terms of	21896
four years. No member shall serve more than two consecutive	21897
four-year terms. A member may serve for three consecutive terms	21898
only if one of the terms is for less than two years. A member who	21899
has served two consecutive four-year terms or three consecutive	21900
terms totaling less than ten years is eligible for reappointment	21901
one year following the end of the second or third term,	21902
respectively.	21903

When a vacancy occurs, appointment for the expired or	21904
unexpired term shall be made in the same manner as an original	21905
appointment. The appointing authority shall be notified by	21906
certified mail of any vacancy and shall fill the vacancy within	21907
sixty days following that notice.	21908

Any member of the board may be removed from office by the	21909
appointing authority for neglect of duty, misconduct, or	21910
malfeasance in office, and shall be removed by the appointing	21911
authority if the ~~member's spouse, child, parent, brother, sister,~~	21912
~~stepparent, stepchild, stepbrother, stepsister, father-in-law,~~	21913
~~mother-in-law, son-in-law, daughter-in-law, brother-in-law, or~~	21914
~~sister-in-law serves as a county commissioner of a county or~~	21915
~~counties in the service district or serves as a member or employee~~	21916
~~of the board of an agency with which the board of alcohol, drug~~	21917
~~addiction, and mental health services has entered a contract for~~	21918
~~the provision of services or facilities~~member is barred by this	21919
section from serving as a board member. The member shall be	21920
informed in writing of the charges and afforded an opportunity for	21921
a hearing. Upon the absence of a member within one year from	21922
either four board meetings or from two board meetings without	21923
prior notice, the board shall notify the appointing authority,	21924
which may vacate the appointment and appoint another person to	21925
complete the member's term.	21926

Members of the board shall serve without compensation, but	21927
shall be reimbursed for actual and necessary expenses incurred in	21928
the performance of their official duties, as defined by rules of	21929
the departments of mental health and alcohol and drug addiction	21930
services.	21931

Sec. 340.03. (A) Subject to rules issued by the director of	21932
mental health after consultation with relevant constituencies as	21933
required by division ~~(A)(11)~~(L) of section 5119.06 of the Revised	21934
Code, with regard to mental health services, the board of alcohol,	21935
drug addiction, and mental health services shall:	21936

(1) Serve as the community mental health planning agency for	21937
the county or counties under its jurisdiction, and in so doing it	21938
shall:	21939

(a) Evaluate the need for facilities and community mental	21940
health services;	21941

(b) In cooperation with other local and regional planning and	21942
funding bodies and with relevant ethnic organizations, assess the	21943
community mental health needs, set priorities, and develop plans	21944
for the operation of facilities and community mental health	21945
services;	21946

(c) In accordance with guidelines issued by the director of	21947
mental health after consultation with board representatives,	21948
annually develop and submit to the department of mental health~~, no~~	21949
~~later than six months prior to the conclusion of the fiscal year~~	21950
~~in which the board's current plan is scheduled to expire,~~ a	21951
community mental health plan listing community mental health	21952
needs, including the needs of all residents of the district now	21953
residing in state mental institutions and severely mentally	21954
disabled adults, children, and adolescents; all children subject	21955
to a determination made pursuant to section 121.38 of the Revised	21956
Code; and all the facilities and community mental health services	21957
that are or will be in operation or provided during the period for	21958
which the plan will be in operation in the service district to	21959
meet such needs.	21960

The plan shall include, but not be limited to, a statement of	21961
which of the services listed in section 340.09 of the Revised Code	21962
the board intends to make available. The board must include crisis	21963
intervention services for individuals in an emergency situation in	21964
the plan and explain how the board intends to make such services	21965
available. The plan must also include ~~an explanation of how the~~	21966
~~board intends to make any payments that it may be required to pay~~	21967
~~under section 5119.62 of the Revised Code,~~ a statement of the	21968
inpatient and community-based services the board proposes that the	21969
department operate, an assessment of the number and types of	21970
residential facilities needed, such other information as the	21971
department requests, and a budget for moneys the board expects to	21972
receive. The ~~board shall also submit an allocation request for~~	21973
~~state and federal funds. Within sixty days after the department's~~	21974
~~determination that the plan and allocation request are complete,~~	21975
~~the~~ department shall approve or disapprove the plan ~~and request~~,	21976
in whole or in part, according to the criteria developed pursuant	21977
to section 5119.61 of the Revised Code. The department's statement	21978
of approval or disapproval shall specify the inpatient and the	21979
community-based services that the department will operate for the	21980
board. Eligibility for state and federal funding shall be	21981
contingent upon an approved plan or relevant part of a plan.	21982

~~If the director disapproves all or part of any plan, the~~	21983
~~director shall inform the board of the reasons for the disapproval~~	21984
~~and of the criteria that must be met before the plan may be~~	21985
~~approved. The director shall provide the board an opportunity to~~	21986
~~present its case on behalf of the plan. The director shall give~~	21987
~~the board a reasonable time in which to meet the criteria, and~~	21988
~~shall offer the board technical assistance to help it meet the~~	21989
~~criteria.~~	21990

~~If the approval of a plan remains in dispute thirty days~~	21991
~~prior to the conclusion of the fiscal year in which the board's~~	21992
~~current plan is scheduled to expire, the board or the director may~~	21993
~~request that the dispute be submitted to a mutually agreed upon~~	21994
~~third-party mediator with the cost to be shared by the board and~~	21995
~~the department. The mediator shall issue to the board and the~~	21996
~~department recommendations for resolution of the dispute. Prior to~~	21997
~~the conclusion of the fiscal year in which the current plan is~~	21998
~~scheduled to expire, the director, taking into consideration the~~	21999
~~recommendations of the mediator, shall make a final determination~~	22000
~~and approve or disapprove the plan, in whole or in part.~~	22001

If a board determines that it is necessary to amend a plan or	22002
an allocation request that has been approved under division	22003
(A)(1)(c) of this section, the board shall submit a proposed	22004
amendment to the director. The director may approve or disapprove	22005
all or part of the amendment. ~~If the director does not approve all~~	22006
~~or part of the amendment within thirty days after it is submitted,~~	22007
~~the amendment or part of it shall be considered to have been~~	22008
~~approved.~~ The director shall inform the board of the reasons for	22009
disapproval of all or part of an amendment and of the criteria	22010
that must be met before the amendment may be approved. The	22011
director shall provide the board an opportunity to present its	22012
case on behalf of the amendment. The director shall give the board	22013
a reasonable time in which to meet the criteria, and shall offer	22014
the board technical assistance to help it meet the criteria.	22015

The board shall implement the plan approved by the	22016
department.	22017

(d) ~~Receive, compile, and transmit to the department of~~	22018
~~mental health applications for state reimbursement;~~	22019

~~(e)~~ Promote, arrange, and implement working agreements with	22020
social agencies, both public and private, and with judicial	22021
agencies.	22022

(2) Investigate, or request another agency to investigate,	22023
any complaint alleging abuse or neglect of any person receiving	22024
services from a community mental health agency as defined in	22025
section 5122.01 of the Revised Code, or from a residential	22026
facility licensed under section 5119.22 of the Revised Code. If	22027
the investigation substantiates the charge of abuse or neglect,	22028
the board shall take whatever action it determines is necessary to	22029
correct the situation, including notification of the appropriate	22030
authorities. Upon request, the board shall provide information	22031
about such investigations to the department.	22032

(3) For the purpose of section 5119.611 of the Revised Code,	22033
cooperate with the director of mental health in visiting and	22034
evaluating whether the services of a community mental health	22035
agency satisfy the certification standards established by rules	22036
adopted under that section;	22037

(4) In accordance with criteria established under division	22038
~~(G)~~(E) of section 5119.61 of the Revised Code, review and evaluate	22039
the quality, effectiveness, and efficiency of services provided	22040
through its community mental health plan and submit its findings	22041
and recommendations to the department of mental health;	22042

(5) In accordance with section 5119.22 of the Revised Code,	22043
review applications for residential facility licenses and	22044
recommend to the department of mental health approval or	22045
disapproval of applications;	22046

(6) ~~Audit, in accordance with rules adopted by the auditor of~~	22047
~~state pursuant to section 117.20 of the Revised Code, at least~~	22048
~~annually all programs and services provided under contract with~~	22049
~~the board. In so doing, the board may contract for or employ the~~	22050
~~services of private auditors. A copy of the fiscal audit report~~	22051
~~shall be provided to the director of mental health, the auditor of~~	22052
~~state, and the county auditor of each county in the board's~~	22053
~~district.~~	22054

~~(7)~~ Recruit and promote local financial support for mental	22055
health programs from private and public sources;	22056

~~(8)~~(7)(a) Enter into contracts with public and private	22057
facilities for the operation of facility services included in the	22058
board's community mental health plan and enter into contracts with	22059
public and private community mental health agencies for the	22060
provision of community mental health services that are listed in	22061
section 340.09 of the Revised Code and included in the board's	22062
community mental health plan. The board may not contract with a	22063
community mental health agency to provide community mental health	22064
services included in the board's community mental health plan	22065
unless the services are certified by the director of mental health	22066
under section 5119.611 of the Revised Code. Section 307.86 of the	22067
Revised Code does not apply to contracts entered into under this	22068
division. In contracting with a community mental health agency, a	22069
board shall consider the cost effectiveness of services provided	22070
by that agency and the quality and continuity of care, and may	22071
review cost elements, including salary costs, of the services to	22072
be provided. A utilization review process shall be established as	22073
part of the contract for services entered into between a board and	22074
a community mental health agency. The board may establish this	22075
process in a way that is most effective and efficient in meeting	22076
local needs. ~~In the case of~~Until July 1, 2012, a contract with a	22077
community mental health agency or facility, as defined in section	22078
5111.023 of the Revised Code, to provide services listed in	22079
division (B) of that section~~, the contract~~ shall provide for the	22080
agency or facility to be paid in accordance with the contract	22081
entered into between the departments of job and family services	22082
and mental health under section 5111.91 of the Revised Code and	22083
any rules adopted under division (A) of section 5119.61 of the	22084
Revised Code.	22085

If either the board or a facility or community mental health	22086
agency with which the board contracts under division (A)~~(8)~~(7)(a)	22087
of this section proposes not to renew the contract or proposes	22088
substantial changes in contract terms, the other party shall be	22089
given written notice at least one hundred twenty days before the	22090
expiration date of the contract. During the first sixty days of	22091
this one hundred twenty-day period, both parties shall attempt to	22092
resolve any dispute through good faith collaboration and	22093
negotiation in order to continue to provide services to persons in	22094
need. If the dispute has not been resolved sixty days before the	22095
expiration date of the contract, either party may ~~notify the~~	22096
~~department of mental health of the unresolved dispute. The~~	22097
~~director may require~~request that both parties to submit the	22098
dispute to a third party with the cost to be shared by the board	22099
and the facility or community mental health agency. The third	22100
party shall issue to the board~~, the~~and facility or agency~~, and~~	22101
~~the department~~ recommendations on how the dispute may be resolved	22102
twenty days prior to the expiration date of the contract, unless	22103
both parties agree to a time extension. ~~The director shall adopt~~	22104
~~rules establishing the procedures of this dispute resolution~~	22105
~~process.~~	22106

(b) With the prior approval of the director of mental health,	22107
a board may operate a facility or provide a community mental	22108
health service as follows, if there is no other qualified private	22109
or public facility or community mental health agency that is	22110
immediately available and willing to operate such a facility or	22111
provide the service:	22112

(i) In an emergency situation, any board may operate a	22113
facility or provide a community mental health service in order to	22114
provide essential services for the duration of the emergency;	22115

(ii) In a service district with a population of at least one	22116
hundred thousand but less than five hundred thousand, a board may	22117
operate a facility or provide a community mental health service	22118
for no longer than one year;	22119

(iii) In a service district with a population of less than	22120
one hundred thousand, a board may operate a facility or provide a	22121
community mental health service for no longer than one year,	22122
except that such a board may operate a facility or provide a	22123
community mental health service for more than one year with the	22124
prior approval of the director and the prior approval of the board	22125
of county commissioners, or of a majority of the boards of county	22126
commissioners if the district is a joint-county district.	22127

The director shall not give a board approval to operate a	22128
facility or provide a community mental health service under	22129
division (A)~~(8)~~(7)(b)(ii) or (iii) of this section unless the	22130
director determines that it is not feasible to have the department	22131
operate the facility or provide the service.	22132

The director shall not give a board approval to operate a	22133
facility or provide a community mental health service under	22134
division (A)~~(8)~~(7)(b)(iii) of this section unless the director	22135
determines that the board will provide greater administrative	22136
efficiency and more or better services than would be available if	22137
the board contracted with a private or public facility or	22138
community mental health agency.	22139

The director shall not give a board approval to operate a	22140
facility previously operated by a person or other government	22141
entity unless the board has established to the director's	22142
satisfaction that the person or other government entity cannot	22143
effectively operate the facility or that the person or other	22144
government entity has requested the board to take over operation	22145
of the facility. The director shall not give a board approval to	22146
provide a community mental health service previously provided by a	22147
community mental health agency unless the board has established to	22148
the director's satisfaction that the agency cannot effectively	22149
provide the service or that the agency has requested the board	22150
take over providing the service.	22151

The director shall review and evaluate a board's operation of	22152
a facility and provision of community mental health service under	22153
division (A)~~(8)~~(7)(b) of this section.	22154

Nothing in division (A)~~(8)~~(7)(b) of this section authorizes a	22155
board to administer or direct the daily operation of any facility	22156
or community mental health agency, but a facility or agency may	22157
contract with a board to receive administrative services or staff	22158
direction from the board under the direction of the governing body	22159
of the facility or agency.	22160

~~(9)~~(8) Approve fee schedules and related charges or adopt a	22161
unit cost schedule or other methods of payment for contract	22162
services provided by community mental health agencies in	22163
accordance with guidelines issued by the department as necessary	22164
to comply with state and federal laws pertaining to financial	22165
assistance;	22166

~~(10)~~(9) Submit to the director and the county commissioners	22167
of the county or counties served by the board, and make available	22168
to the public, an annual report of the programs under the	22169
jurisdiction of the board, including a fiscal accounting;	22170

~~(11)~~(10) Establish, to the extent resources are available, a	22171
community support system, which provides for treatment, support,	22172
and rehabilitation services and opportunities. The essential	22173
elements of the system include, but are not limited to, the	22174
following components in accordance with section 5119.06 of the	22175
Revised Code:	22176

(a) To locate persons in need of mental health services to	22177
inform them of available services and benefits mechanisms;	22178

(b) Assistance for clients to obtain services necessary to	22179
meet basic human needs for food, clothing, shelter, medical care,	22180
personal safety, and income;	22181

(c) Mental health care, including, but not limited to,	22182
outpatient, partial hospitalization, and, where appropriate,	22183
inpatient care;	22184

(d) Emergency services and crisis intervention;

22185

(e) Assistance for clients to obtain vocational services and	22186
opportunities for jobs;	22187

(f) The provision of services designed to develop social,	22188
community, and personal living skills;	22189

(g) Access to a wide range of housing and the provision of	22190
residential treatment and support;	22191

(h) Support, assistance, consultation, and education for	22192
families, friends, consumers of mental health services, and	22193
others;	22194

(i) Recognition and encouragement of families, friends,	22195
neighborhood networks, especially networks that include racial and	22196
ethnic minorities, churches, community organizations, and	22197
meaningful employment as natural supports for consumers of mental	22198
health services;	22199

(j) Grievance procedures and protection of the rights of	22200
consumers of mental health services;	22201

(k) Case management, which includes continual individualized	22202
assistance and advocacy to ensure that needed services are offered	22203
and procured.	22204

~~(12)~~(11) Designate the treatment program, agency, or facility	22205
for each person involuntarily committed to the board pursuant to	22206
Chapter 5122. of the Revised Code and authorize payment for such	22207
treatment. The board shall provide the least restrictive and most	22208
appropriate alternative that is available for any person	22209
involuntarily committed to it and shall assure that the services	22210
listed in section 340.09 of the Revised Code are available to	22211
severely mentally disabled persons residing within its service	22212
district. The board shall establish the procedure for authorizing	22213
payment for services, which may include prior authorization in	22214
appropriate circumstances. The board may provide for services	22215
directly to a severely mentally disabled person when life or	22216
safety is endangered and when no community mental health agency is	22217
available to provide the service.	22218

~~(13)~~(12) Establish a method for evaluating referrals for	22219
involuntary commitment and affidavits filed pursuant to section	22220
5122.11 of the Revised Code in order to assist the probate	22221
division of the court of common pleas in determining whether there	22222
is probable cause that a respondent is subject to involuntary	22223
hospitalization and what alternative treatment is available and	22224
appropriate, if any;	22225

~~(14)~~(13) Ensure that apartments or rooms built, subsidized,	22226
renovated, rented, owned, or leased by the board or a community	22227
mental health agency have been approved as meeting minimum fire	22228
safety standards and that persons residing in the rooms or	22229
apartments are receiving appropriate and necessary services,	22230
including culturally relevant services, from a community mental	22231
health agency. This division does not apply to residential	22232
facilities licensed pursuant to section 5119.22 of the Revised	22233
Code.	22234

~~(15)~~(14) Establish a mechanism for involvement of consumer	22235
recommendation and advice on matters pertaining to mental health	22236
services in the alcohol, drug addiction, and mental health service	22237
district;	22238

~~(16)~~(15) Perform the duties under section ~~3722.18~~5119.88 of	22239
the Revised Code required by rules adopted under section 5119.61	22240
of the Revised Code regarding referrals by the board or mental	22241
health agencies under contract with the board of individuals with	22242
mental illness or severe mental disability to adult care	22243
facilities and effective arrangements for ongoing mental health	22244
services for the individuals. The board is accountable in the	22245
manner specified in the rules for ensuring that the ongoing mental	22246
health services are effectively arranged for the individuals.	22247

(B) The board shall establish such rules, operating	22248
procedures, standards, and bylaws, and perform such other duties	22249
as may be necessary or proper to carry out the purposes of this	22250
chapter.	22251

(C) A board of alcohol, drug addiction, and mental health	22252
services may receive by gift, grant, devise, or bequest any	22253
moneys, lands, or property for the benefit of the purposes for	22254
which the board is established, and may hold and apply it	22255
according to the terms of the gift, grant, or bequest. All money	22256
received, including accrued interest, by gift, grant, or bequest	22257
shall be deposited in the treasury of the county, the treasurer of	22258
which is custodian of the alcohol, drug addiction, and mental	22259
health services funds to the credit of the board and shall be	22260
available for use by the board for purposes stated by the donor or	22261
grantor.	22262

(D) No board member or employee of a board of alcohol, drug	22263
addiction, and mental health services shall be liable for injury	22264
or damages caused by any action or inaction taken within the scope	22265
of the board member's official duties or the employee's	22266
employment, whether or not such action or inaction is expressly	22267
authorized by this section, section 340.033, or any other section	22268
of the Revised Code, unless such action or inaction constitutes	22269
willful or wanton misconduct. Chapter 2744. of the Revised Code	22270
applies to any action or inaction by a board member or employee of	22271
a board taken within the scope of the board member's official	22272
duties or employee's employment. For the purposes of this	22273
division, the conduct of a board member or employee shall not be	22274
considered willful or wanton misconduct if the board member or	22275
employee acted in good faith and in a manner that the board member	22276
or employee reasonably believed was in or was not opposed to the	22277
best interests of the board and, with respect to any criminal	22278
action or proceeding, had no reasonable cause to believe the	22279
conduct was unlawful.	22280

(E) The meetings held by any committee established by a board	22281
of alcohol, drug addiction, and mental health services shall be	22282
considered to be meetings of a public body subject to section	22283
121.22 of the Revised Code.	22284

Sec. 340.033. (A) The board of alcohol, drug addiction, and	22285
mental health services shall serve as the planning agency for	22286
alcohol and drug addiction services for the county or counties in	22287
its service district. In accordance with procedures and guidelines	22288
established by the department of alcohol and drug addiction	22289
services, the board shall do all of the following:	22290

(1) Assess alcohol and drug addiction service needs and	22291
evaluate the need for alcohol and drug addiction programs;	22292

(2) According to the needs determined under division (A)(1)	22293
of this section, set priorities and develop plans for the	22294
operation of alcohol and drug addiction programs in cooperation	22295
with other local and regional planning and funding bodies and with	22296
relevant ethnic organizations;	22297

(3) Submit the plan for alcohol and drug addiction services	22298
required by section 3793.05 of the Revised Code to the department	22299
and implement the plan as approved by the department;	22300

(4) Provide to the department information to be included in	22301
the information system or systems established by the department	22302
under section 3793.04 of the Revised Code;	22303

(5) Enter into contracts with alcohol and drug addiction	22304
programs for the provision of alcohol and drug addiction services;	22305

(6) Review and evaluate alcohol and drug addiction programs	22306
in the district~~, and conduct program audits~~;	22307

(7) Prepare and submit to the department an annual report of	22308
the alcohol and drug addiction programs in the district;	22309

(8) Receive, compile, and transmit to the department	22310
applications for funding;	22311

(9) Promote, arrange, and implement working agreements with	22312
public and private social agencies and with judicial agencies;	22313

(10) Investigate, or request another agency to investigate,	22314
any complaint alleging abuse or neglect of any person receiving	22315
services from an alcohol or drug addiction program;	22316

(11) Establish a mechanism for the involvement of persons	22317
receiving services in, and obtaining their advice on, matters	22318
pertaining to alcohol or drug addiction services;	22319

(12) Recruit and promote local financial support, from	22320
private and public sources, for alcohol and drug addiction	22321
programs;	22322

(13) Approve fee schedules and related charges, adopt a unit	22323
cost schedule, or adopt other methods of payment for services	22324
provided by programs under contract pursuant to division (A)(5) of	22325
this section, in accordance with guidelines established by the	22326
department under section 3793.04 of the Revised Code.	22327

(B) ~~In accordance with rules adopted by the auditor of state~~	22328
~~pursuant to section 117.20 of the Revised Code, at least annually~~	22329
~~the board shall audit all alcohol and drug addiction programs~~	22330
~~provided under contract with the board. The board may contract~~	22331
~~with private auditors for the performance of these audits. A copy~~	22332
~~of the fiscal audit report shall be provided to the director of~~	22333
~~alcohol and drug addiction services, the auditor of state, and the~~	22334
~~county auditor of each county in the board's district.~~	22335

~~(C)~~ In contracting with a program under division (A)(5) of	22336
this section, a board shall consider the cost effectiveness of	22337
services provided by the program and the program's quality and	22338
continuity of care. The board may review cost elements, including	22339
salary costs, of the services provided by the program.	22340

A utilization review process shall be established as part of	22341
the contract for services. The board may establish this process in	22342
any way that it considers to be the most effective and efficient	22343
in meeting local needs.	22344

~~(D)~~(C) If either the board or a program with which it	22345
contracts pursuant to division (A)(5) of this section proposes not	22346
to renew the contract or proposes substantial changes in contract	22347
terms on renewal of the contract, it shall give the other party to	22348
the contract written notice at least one hundred twenty days	22349
before the expiration date of the contract. During the first sixty	22350
days of this period, both parties shall attempt to resolve any	22351
dispute through good faith collaboration and negotiation in order	22352
that services to persons in need will be continued. If the dispute	22353
is not resolved during this time, either party may notify the	22354
department of alcohol and drug addiction services. The department	22355
may require both parties to submit the dispute to a mutually	22356
agreed upon third party with the cost to be shared by the board	22357
and the program. At least twenty days before the expiration of the	22358
contract, unless the board and the program agree to an extension,	22359
the third party shall issue to the board, program, and department,	22360
its recommendations for resolution of the dispute.	22361

The department shall adopt rules pursuant to Chapter 119. of	22362
the Revised Code establishing procedures for this dispute	22363
resolution process.	22364

~~(E)~~(D) Section 307.86 of the Revised Code does not apply to	22365
contracts entered into pursuant to division (A)(5) of this	22366
section.	22367

~~(F)~~(E)(1) With the prior approval of the department, a board	22368
of alcohol, drug addiction, and mental health services may operate	22369
an alcohol or drug addiction program as follows if there is no	22370
qualified program that is immediately available, willing to	22371
provide services, and able to obtain certification under Chapter	22372
3793. of the Revised Code:	22373

(a) In an emergency situation, any board may operate a	22374
program in order to provide essential services for the duration of	22375
the emergency;	22376

(b) In a service district with a population of at least one	22377
hundred thousand but less than five hundred thousand, a board may	22378
operate a program for no longer than one year;	22379

(c) In a service district with a population of less than one	22380
hundred thousand, a board may operate a program for no longer than	22381
one year, except that such a board may operate a program for	22382
longer than one year with the prior approval of the department and	22383
the prior approval of the board of county commissioners, or of a	22384
majority of the boards of county commissioners if the district is	22385
a joint-county district.	22386

(2) The department shall not give a board its approval to	22387
operate a program under division ~~(F)~~(E)(1)(c) of this section	22388
unless it determines that the board's program will provide greater	22389
administrative efficiency and more or better services than would	22390
be available if the board contracted with a program for provision	22391
of the services.	22392

(3) The department shall not give a board its approval to	22393
operate a program previously operated by a public or private	22394
entity unless the board has established to the department's	22395
satisfaction that the entity cannot effectively operate the	22396
program, or that the entity has requested the board to take over	22397
operation of the program.	22398

(4) The department shall review and evaluate the operation of	22399
each program operated by a board under this division.	22400

(5) Nothing in this division authorizes a board to administer	22401
or direct the daily operation of any program other than a program	22402
operated by the board under this division, but a program may	22403
contract with a board to receive administrative services or staff	22404
direction from the board under the direction of the governing body	22405
of the program.	22406

~~(G)~~(F) If an investigation conducted pursuant to division	22407
(A)(10) of this section substantiates a charge of abuse or	22408
neglect, the board shall take whatever action it determines is	22409
necessary to correct the situation, including notification of the	22410
appropriate authorities. On request, the board shall provide	22411
information about such investigations to the department.	22412

~~(H)~~(G) When the board sets priorities and develops plans for	22413
the operation of alcohol and drug addiction programs under	22414
division (A)(2) of this section, the board shall consult with the	22415
county commissioners of the counties in the board's service	22416
district regarding the services described in section 340.15 of the	22417
Revised Code and shall give a priority to those services, except	22418
that those services shall not have priority over services provided	22419
to pregnant women under programs developed in relation to the	22420
mandate established in section 3793.15 of the Revised Code. The	22421
plans shall identify funds the board and public children services	22422
agencies in the board's service district have available to fund	22423
jointly the services described in section 340.15 of the Revised	22424
Code.	22425

Sec. 340.05. A community mental health agency that receives	22426
a complaint under section ~~3722.17~~5119.87 of the Revised Code	22427
alleging abuse or neglect of an individual with mental illness or	22428
severe mental disability who resides in an adult care facility	22429
shall report the complaint to the board of alcohol, drug	22430
addiction, and mental health services serving the alcohol, drug	22431
addiction, and mental health service district in which the adult	22432
care facility is located. A board of alcohol, drug addiction, and	22433
mental health services that receives such a complaint or a report	22434
from a community mental health agency of such a complaint shall	22435
report the complaint to the director of mental health for the	22436
purpose of the director conducting an investigation under section	22437
~~3722.17~~5119.87 of the Revised Code. The board may enter the adult	22438
care facility with or without the director and, if the health and	22439
safety of a resident is in immediate danger, take any necessary	22440
action to protect the resident. The board's action shall not	22441
violate any resident's rights under section ~~3722.12~~5119.81 of the	22442
Revised Code and rules adopted by the ~~public health council~~	22443
department of mental health under ~~that chapter~~sections 5119.70 to	22444
5119.88 of the Revised Code. The board shall immediately report to	22445
the director regarding the board's actions under this section.	22446

Sec. 340.091. Each board of alcohol, drug addiction, and	22447
mental health services shall contract with a community mental	22448
health agency under division (A)~~(8)~~(7)(a) of section 340.03 of the	22449
Revised Code for the agency to do all of the following in	22450
accordance with rules adopted under section 5119.61 of the Revised	22451
Code for an individual referred to the agency under division	22452
(C)(2) of section ~~173.35~~5119.69 of the Revised Code:	22453

(A) Assess the individual to determine whether to recommend	22454
that a ~~PASSPORT~~residential state supplement administrative agency	22455
designated under section 5119.69 of the Revised Code determine	22456
that the environment in which the individual will be living while	22457
receiving residential state supplement payments is appropriate for	22458
the individual's needs and, if it determines the environment is	22459
appropriate, issue the recommendation to the ~~PASSPORT~~residential	22460
state supplement administrative agency;	22461

(B) Provide ongoing monitoring to ensure that services	22462
provided under section 340.09 of the Revised Code are available to	22463
the individual;	22464

(C) Provide discharge planning to ensure the individual's	22465
earliest possible transition to a less restrictive environment.	22466

Sec. 340.11. ~~(A)~~ A board of alcohol, drug addiction, and	22467
mental health services may procure a policy or policies of	22468
insurance insuring board members or employees of the board or	22469
agencies with which the board contracts against liability arising	22470
from the performance of their official duties. If the liability	22471
insurance is unavailable or the amount a board has procured or is	22472
able to procure is insufficient to cover the amount of a claim,	22473
the board may indemnify a board member or employee as follows:	22474

~~(1)~~(A) For any action or inaction in ~~his~~the capacity ~~as a~~of	22475
board member or employee or at the request of the board, whether	22476
or not the action or inaction is expressly authorized by this or	22477
any other section of the Revised Code, if:	22478

~~(a)~~(1) The board member or employee acted in good faith and	22479
in a manner that hethe board member or employee reasonably	22480
believed was in or was not opposed to the best interests of the	22481
board; and	22482

~~(b)~~(2) With respect to any criminal action or proceeding, the	22483
board member or employee had no reason to believe ~~his~~the board	22484
member's or employee's conduct was unlawful.	22485

~~(2)~~(B) Against any expenses, including attorneys' fees, the	22486
board member or employee actually and reasonably incurs as a	22487
result of a suit or other proceeding involving the defense of any	22488
action or inaction in ~~his~~the capacity ~~as a~~of board member or	22489
employee or at the request of the board, or in defense of any	22490
claim, issue, or matter raised in connection with the defense of	22491
such an action or inaction, to the extent that the board member or	22492
employee is successful on the merits or otherwise.	22493

~~(B) The board may utilize up to that per cent of its budget~~	22494
~~as approved by the department of mental health to purchase~~	22495
~~insurance and to pool with funds of other boards of alcohol, drug~~	22496
~~addiction, and mental health services, as provided in division (E)~~	22497
~~of section 5119.62 of the Revised Code, to pay expenditures for~~	22498
~~utilization of state hospital facilities that exceed the amount~~	22499
~~allocated to the board under the formula developed under that~~	22500
~~section.~~	22501

Sec. 341.192. (A) As used in this section:

22502

(1) "Jail" means a county jail, or a multicounty,	22503
municipal-county, or multicounty-municipal correctional center.	22504

(2) "Medical assistance program" has the same meaning as in	22505
section 2913.40 of the Revised Code.	22506

~~(2)~~(3) "Medical provider" means a physician, hospital,	22507
laboratory, pharmacy, or other health care provider that is not	22508
employed by or under contract to a county, municipal corporation,	22509
township, the department of youth services, or the department of	22510
rehabilitation and correction to provide medical services to	22511
persons confined in ~~the county~~a jail or a state correctional	22512
institution, or is in the custody of a law enforcement officer.	22513

~~(3)~~(4) "Necessary care" means medical care of a nonelective	22514
nature that cannot be postponed until after the period of	22515
confinement of a person who is confined in a ~~county~~ jail or a	22516
state correctional institution, or is in the custody of a law	22517
enforcement officer without endangering the life or health of the	22518
person.	22519

(B) If a physician employed by or under contract to a county,	22520
municipal corporation, township, the department of youth services,	22521
or the department of rehabilitation and correction to provide	22522
medical services to persons confined in ~~the county~~a jail or state	22523
correctional institution determines that a person who is confined	22524
in the ~~county~~ jail or a state correctional institution or who is	22525
in the custody of a law enforcement officer prior to the person's	22526
confinement in ~~the county~~a jail or a state correctional	22527
institution requires necessary care that the physician cannot	22528
provide, the necessary care shall be provided by a medical	22529
provider. The county, municipal corporation, township, the	22530
department of youth services, or the department of rehabilitation	22531
and correction shall pay a medical provider for necessary care an	22532
amount not exceeding the authorized reimbursement rate for the	22533
same service established by the department of job and family	22534
services under the medical assistance program.	22535

Sec. 343.08. (A) The board of county commissioners of a	22536
county solid waste management district and the board of directors	22537
of a joint solid waste management district may fix reasonable	22538
rates or charges to be paid by every person, municipal	22539
corporation, township, or other political subdivision that owns	22540
premises to which solid waste collection, storage, transfer,	22541
disposal, recycling, processing, or resource recovery service is	22542
provided by the district and may change the rates or charges	22543
whenever it considers it advisable. Charges for collection,	22544
storage, transfer, disposal, recycling, processing, or resource	22545
recovery service shall be made only against lots or parcels that	22546
are improved, or in the process of being improved, with at least	22547
one permanent, portable, or temporary building. The rates or	22548
charges may be collected by either of the following means:	22549

(1) Periodic billings made by the district directly or in	22550
conjunction with billings for public utility rates or charges by a	22551
county water district established under section 6103.02 of the	22552
Revised Code, a county sewer district established under section	22553
6117.02 of the Revised Code, or a municipal corporation or other	22554
political subdivision authorized by law to provide public utility	22555
service. When any such charges that are so billed are not paid,	22556
the board shall certify them to the county auditor of the county	22557
where the lots or parcels are located, who shall place them upon	22558
the real property duplicate against the property served by the	22559
collection, storage, transfer, disposal, recycling, processing, or	22560
resource recovery service. The charges shall be a lien on the	22561
property from the date they are placed upon the real property	22562
duplicate by the auditor and shall be collected in the same manner	22563
as other taxes.	22564

(2) Certifying the rates or charges to the county auditor of	22565
the county where the lots or parcels are located, who shall place	22566
them on the real property duplicate against the lots or parcels.	22567
The rates or charges are a lien on the property from the date they	22568
are placed upon the real property duplicate by the auditor and	22569
shall be collected in the same manner as other taxes.	22570

The county or joint district need not fix a rate or charge	22571
against property if the district does not operate a collection	22572
system.	22573

Where a county or joint district owns or operates a solid	22574
waste facility, either without a collection system or in	22575
conjunction therewith, the board of county commissioners or board	22576
of directors may fix reasonable rates or charges for the use of	22577
the facility by persons, municipal corporations, townships, and	22578
other political subdivisions, may contract with any public	22579
authority or person for the collection of solid wastes in any part	22580
of any district for collection, storage, disposal, transfer,	22581
recycling, processing, or resource recovery in any solid waste	22582
facility, or may lease the facility to any public authority or	22583
person. The cost of collection, storage, transfer, disposal,	22584
recycling, processing, or resource recovery under such contracts	22585
may be paid by rates or charges fixed and collected under this	22586
section or by rates and charges fixed under those contracts and	22587
collected by the contractors.	22588

All moneys collected by or on behalf of a county or joint	22589
district as rates or charges for solid waste collection, storage,	22590
transfer, disposal, recycling, processing, or resource recovery	22591
service in any district shall be paid to the county treasurer in a	22592
county district or to the county treasurer or other official	22593
designated by the board of directors in a joint district and kept	22594
in a separate and distinct fund to the credit of the district. The	22595
fund shall be used for the payment of the cost of the management,	22596
maintenance, and operation of the solid waste collection or other	22597
solid waste facilities of the district and, if applicable, the	22598
payment of the cost of collecting the rates or charges of the	22599
district pursuant to division (A)(1) or (2) of this section. Prior	22600
to the approval of the district's initial solid waste management	22601
plan under section 3734.55 of the Revised Code or the issuance of	22602
an order under that section requiring the district to implement an	22603
initial plan prepared by the director, as appropriate, the fund	22604
also may be used for the purposes of division (G)(1) or (3) of	22605
section 3734.57 of the Revised Code. On and after the approval of	22606
the district's initial plan under section 3734.521 or 3734.55 of	22607
the Revised Code or the issuance of an order under either of those	22608
sections, as appropriate, requiring the district to implement an	22609
initial plan prepared by the director, the fund also may be used	22610
for the purposes of divisions (G)(1) to (10) of section 3734.57 of	22611
the Revised Code. Those uses may include, in accordance with a	22612
cost allocation plan adopted under division (B) of this section,	22613
the payment of all allowable direct and indirect costs of the	22614
district, the sanitary engineer or sanitary engineering	22615
department, or a federal or state grant program, incurred for the	22616
purposes of this chapter and sections 3734.52 to 3734.572 of the	22617
Revised Code. Any surplus remaining after those uses of the fund	22618
may be used for the enlargement, modification, or replacement of	22619
such facilities and for the payment of the interest and principal	22620
on bonds and bond anticipation notes issued pursuant to section	22621
343.07 of the Revised Code. In no case shall money so collected be	22622
expended otherwise than for the use and benefit of the district.	22623

A board of county commissioners or directors, instead of	22624
operating and maintaining solid waste collection or other solid	22625
waste facilities of the district with county or joint district	22626
personnel, may enter into a contract with a municipal corporation	22627
having territory within the district pursuant to which the	22628
operation and maintenance of the facilities will be performed by	22629
the municipal corporation.	22630

The products of any solid waste collection or other solid	22631
waste facility owned under this chapter shall be sold through	22632
competitive bidding in accordance with section 307.12 of the	22633
Revised Code, except when a board of county commissioners or	22634
directors determines by resolution that it is in the public	22635
interest to sell those products in a commercially reasonable	22636
manner without competitive bidding.	22637

(B) A board of county commissioners or directors may adopt a	22638
cost allocation plan that identifies, accumulates, and distributes	22639
allowable direct and indirect costs that may be paid from the fund	22640
of the district created in division (A) of this section and	22641
prescribes methods for allocating those costs. The plan shall	22642
authorize payment from the fund for only those costs incurred by	22643
the district, the sanitary engineer or sanitary engineering	22644
department, or a federal or state grant program, and those costs	22645
incurred by the general and other funds of the county for a common	22646
or joint purpose, that are necessary and reasonable for the proper	22647
and efficient administration of the district under this chapter	22648
and sections 3734.52 to 3734.572 of the Revised Code. The plan	22649
shall not authorize payment from the fund of any general	22650
government expense required to carry out the overall governmental	22651
responsibilities of a county. The plan shall conform to United	22652
States office of management and budget Circular A-87 "Cost	22653
Principles for State and Local Governments," published January 15,	22654
1983.	22655

(C) A board of county commissioners or directors shall fix	22656
rates or charges, or enter into contracts fixing the rates or	22657
charges to be collected by the contractor, for solid waste	22658
collection, storage, transfer, disposal, recycling, processing, or	22659
resource recovery services at a public meeting held in accordance	22660
with section 121.22 of the Revised Code. In addition to fulfilling	22661
the requirements of section 121.22 of the Revised Code, the board,	22662
before fixing or changing rates or charges for solid waste	22663
collection, storage, transfer, disposal, recycling, processing, or	22664
resource recovery services, or before entering into a contract	22665
that fixes rates or charges to be collected by the contractor	22666
providing the services, shall hold at least three public hearings	22667
on the proposed rates, charges, or contract. Prior to the first	22668
public hearing, the board shall publish notice of the public	22669
hearings as provided in section 7.16 of the Revised Code or once a	22670
week for three consecutive weeks in a newspaper of general	22671
circulation in the county or counties that would be affected by	22672
the proposed rates, charges, or contract. The notice shall include	22673
a listing of the proposed rates or charges to be fixed and	22674
collected by the board or fixed pursuant to the contract and	22675
collected by the contractor, and the dates, time, and place of	22676
each of the three hearings thereon. The board shall hear any	22677
person who wishes to testify on the proposed rates, charges, or	22678
contract.	22679

Sec. 345.03. A copy of any resolution adopted under section	22680
345.01 of the Revised Code shall be certified within five days by	22681
the taxing authority and not later than four p. m. of the	22682
ninetieth day before the day of the election, to the county board	22683
of elections, and such board shall submit the proposal to the	22684
electors of the subdivision at the succeeding general election.	22685
The board shall make the necessary arrangements for the submission	22686
of such question to the electors of the subdivision, and the	22687
election shall be conducted, canvassed, and certified in like	22688
manner as regular elections in such subdivision.	22689

Notice of the election shall be published once in a newspaper	22690
of general circulation in the subdivision, ~~at least once,~~ not less	22691
than two weeks prior to such election. The notice shall set out	22692
the purpose of the proposed increase in rate, the amount of the	22693
increase expressed in dollars and cents for each one hundred	22694
dollars of valuation as well as in mills for each one dollar of	22695
property valuation, the number of years during which such increase	22696
will be in effect, and the time and place of holding such	22697
election.	22698

Sec. 349.03. (A) Proceedings for the organization of a new	22699
community authority shall be initiated by a petition filed by the	22700
developer in the office of the clerk of the board of county	22701
commissioners of one of the counties in which all or part of the	22702
proposed new community district is located. Such petition shall be	22703
signed by the developer and may be signed by each proximate city.	22704
The legislative authorities of each such proximate city shall act	22705
in behalf of such city. Such petition shall contain:	22706

(1) The name of the proposed new community authority;

22707

(2) The address where the principal office of the authority	22708
will be located or the manner in which the location will be	22709
selected;	22710

(3) A map and a full and accurate description of the	22711
boundaries of the new community district together with a	22712
description of the properties within such boundaries, if any,	22713
which will not be included in the new community district. Unless	22714
the district is wholly contained within municipalities, the total	22715
acreage included in such district shall not be less than one	22716
thousand acres, all of which acreage shall be owned by, or under	22717
the control through leases of at least seventy-five years'	22718
duration, options, or contracts to purchase, of the developer, if	22719
the developer is a private entity. Such acreage shall be	22720
developable as one functionally interrelated community. In the	22721
case of a new community authority established on or after the	22722
effective date of this amendment and before January 1, 2012, such	22723
leases may be of not less than forty years' duration, and the	22724
acreage may be developable so that the community is one	22725
functionally interrelated community.	22726

(4) A statement setting forth the zoning regulations proposed	22727
for zoning the area within the boundaries of the new community	22728
district for comprehensive development as a new community, and if	22729
the area has been zoned for such development, a certified copy of	22730
the applicable zoning regulations therefor;	22731

(5) A current plan indicating the proposed development	22732
program for the new community district, the land acquisition and	22733
land development activities, community facilities, services	22734
proposed to be undertaken by the new community authority under	22735
such program, the proposed method of financing such activities and	22736
services, including a description of the bases, timing, and manner	22737
of collecting any proposed community development charges, and the	22738
projected total residential population of, and employment within,	22739
the new community;	22740

(6) A suggested number of members, consistent with section	22741
349.04 of the Revised Code, for the board of trustees;	22742

(7) A preliminary economic feasibility analysis, including	22743
the area development pattern and demand, location and proposed new	22744
community district size, present and future socio-economic	22745
conditions, public services provision, financial plan, and the	22746
developer's management capability;	22747

(8) A statement that the development will comply with all	22748
applicable environmental laws and regulations.	22749

Upon the filing of such petition, the organizational board of	22750
commissioners shall determine whether such petition complies with	22751
the requirements of this section as to form and substance. The	22752
board in subsequent proceedings may at any time permit the	22753
petition to be amended in form and substance to conform to the	22754
facts by correcting any errors in the description of the proposed	22755
new community district or in any other particular.	22756

Upon the determination of the organizational board of	22757
commissioners that a sufficient petition has been filed in	22758
accordance with this section, the board shall fix the time and	22759
place of a hearing on the petition for the establishment of the	22760
proposed new community authority. Such hearing shall be held not	22761
less than ninety-five nor more than one hundred fifteen days after	22762
the petition filing date, except that if the petition has been	22763
signed by all proximate cities, such hearing shall be held not	22764
less than thirty nor more than forty-five days after the petition	22765
filing date. The clerk of the board of county commissioners with	22766
which the petition was filed shall give notice thereof by	22767
publication once each week for three consecutive weeks, or as	22768
provided in section 7.16 of the Revised Code, in a newspaper of	22769
general circulation in any county of which a portion is within the	22770
proposed new community district. Such clerk shall also give	22771
written notice of the date, time, and place of the hearing and	22772
furnish a certified copy of the petition to the clerk of the	22773
legislative authority of each proximate city which has not signed	22774
such petition. In the event that the legislative authority of a	22775
proximate city which did not sign the petition does not approve by	22776
ordinance, resolution, or motion the establishment of the proposed	22777
new community authority and does not deliver such ordinance,	22778
resolution, or motion to the clerk of the board of county	22779
commissioners with which the petition was filed within ninety days	22780
following the date of the first publication of the notice of the	22781
public hearing, the organizational board of commissioners shall	22782
cancel such public hearing and terminate the proceedings for the	22783
establishment of the new community authority.	22784

Upon the hearing, if the organizational board of	22785
commissioners determines by resolution that the proposed new	22786
community district will be conducive to the public health, safety,	22787
convenience, and welfare, and is intended to result in the	22788
development of a new community, the board shall by its resolution,	22789
entered of record in its journal and the journal of the board of	22790
county commissioners with which the petition was filed, declare	22791
the new community authority to be organized and a body politic and	22792
corporate with the corporate name designated in the resolution,	22793
and define the boundary of the new community district. In	22794
addition, the resolution shall provide the method of selecting the	22795
board of trustees of the new community authority and fix the	22796
surety for their bonds in accordance with section 349.04 of the	22797
Revised Code.	22798

If the organizational board of commissioners finds that the	22799
establishment of the district will not be conducive to the public	22800
health, safety, convenience, or welfare, or is not intended to	22801
result in the development of a new community, it shall reject the	22802
petition thereby terminating the proceedings for the establishment	22803
of the new community authority.	22804

(B) At any time after the creation of a new community	22805
authority, the developer may file an application with the clerk of	22806
the board of county commissioners of the county in which the	22807
original petition was filed, setting forth a general description	22808
of territory it desires to add or to delete from such district,	22809
that such change will be conducive to the public health, safety,	22810
convenience, and welfare, and will be consistent with the	22811
development of a new community and will not jeopardize the plan of	22812
the new community. If the developer is not a municipal	22813
corporation, port authority, or county, all of such an addition to	22814
such a district shall be owned by, or under the control through	22815
leases of at least seventy-five years' duration, options, or	22816
contracts to purchase, of the developer. In the case of a new	22817
community authority established on or after the effective date of	22818
this amendment and before January 1, 2012, such leases may be of	22819
not less than forty years' duration. Upon the filing of the	22820
application, the organizational board of commissioners shall	22821
follow the same procedure as required by this section in relation	22822
to the petition for the establishment of the proposed new	22823
community.	22824

(C) If all or any part of the new community district is	22825
annexed to one or more existing municipal corporations, their	22826
legislative authorities may appoint persons to replace any	22827
appointed citizen member of the board of trustees. The number of	22828
such trustees to be replaced by the municipal corporation shall be	22829
the number, rounded to the lowest integer, bearing the	22830
proportionate relationship to the number of existing appointed	22831
citizen members as the acreage of the new community district	22832
within such municipal corporation bears to the total acreage of	22833
the new community district. If any such municipal corporation	22834
chooses to replace an appointed citizen member, it shall do so by	22835
ordinance, the term of the trustee being replaced shall terminate	22836
thirty days from the date of passage of such ordinance, and the	22837
trustee to be replaced shall be determined by lot. Each newly	22838
appointed member shall assume the term of the member's	22839
predecessor.	22840

Sec. 501.07. Lands described in division (A) of section	22841
501.06 of the Revised Code shall continue to be leased under the	22842
terms granted until such time as the lease may expire. At the time	22843
of expiration, subject to section 501.04 of the Revised Code, the	22844
land may be leased again by the board of education of the school	22845
district for whose benefit the land has been allocated or be	22846
offered for sale by public auction or by the receipt of sealed	22847
bids with the sale awarded by the school board to the highest	22848
bidder. Prior to the offering of these lands for sale, the school	22849
board shall have an appraisal made of these lands by at least two	22850
disinterested appraisers. Notification of the sale of these lands,	22851
including the minerals in or on these or other lands, shall be	22852
advertised ~~at least~~ once a week for two consecutive weeks, or as	22853
provided in section 7.16 of the Revised Code, in a newspaper of	22854
general circulation in the county in which the land is located. No	22855
bids shall be accepted for less than the appraised value of the	22856
land.	22857

Sec. 503.05. When a boundary line between townships is in	22858
dispute, the board of county commissioners, upon application of	22859
the board of township trustees of one of such townships, and upon	22860
notice in writing to the board of township trustees of such civil	22861
township, and on thirty days' public notice printed in a newspaper	22862
~~published~~of general circulation within the county, shall	22863
establish such boundary line and make a record thereof as provided	22864
by section 503.04 of the Revised Code.	22865

Sec. 503.162. (A) After certification of a resolution as	22866
provided in section 503.161 of the Revised Code, the board of	22867
elections shall submit the question of whether the township's name	22868
shall be changed to the electors of the unincorporated area of the	22869
township in accordance with division (C) of that section, and the	22870
ballot language shall be substantially as follows:	22871

"Shall the township of .......... (name) change its name to	22872
........ (proposed name)?	22873

.......... For name change

22874

.......... Against name change"

22875

(B)(1) At least forty-five days before the election on this	22876
question, the board of township trustees shall provide notice of	22877
the election and an explanation of the proposed name change in a	22878
newspaper of general circulation in the township once a week for	22879
two consecutive weeks ~~and~~or as provided in section 7.16 of the	22880
Revised Code. The board of township trustees shall post the notice	22881
and explanation in five conspicuous places in the unincorporated	22882
area of the township.	22883

(2) If the board of elections operates and maintains a web	22884
site, notice of the election and an explanation of the proposed	22885
name change shall be posted on that web site for at least thirty	22886
days before the election on this question.	22887

(C) If a majority of the votes cast on the proposition of	22888
changing the township's name is in the affirmative, the name	22889
change is adopted and becomes effective ninety days after the	22890
board of elections certifies the election results to the fiscal	22891
officer of the township. Upon receipt of the certification of the	22892
election results from the board of elections, the fiscal officer	22893
of the township shall send a copy of that certification to the	22894
secretary of state.	22895

(D) A change in the name of a township shall not alter the	22896
rights or liabilities of the township as previously named.	22897

Sec. 503.41. (A) A board of township trustees, by	22898
resolution, may regulate and require the registration of massage	22899
establishments and their employees within the unincorporated	22900
territory of the township. In accordance with sections 503.40 to	22901
503.49 of the Revised Code, for that purpose, the board, by a	22902
majority vote of all members, may adopt, amend, administer, and	22903
enforce regulations within the unincorporated territory of the	22904
township.	22905

(B) A board may adopt regulations and amendments under this	22906
section only after public hearing at not fewer than two regular	22907
sessions of the board. The board shall cause to be published in at	22908
~~least one~~a newspaper of general circulation in the township, or	22909
as provided in section 7.16 of the Revised Code, notice of the	22910
public hearings, including the time, date, and place, once a week	22911
for two weeks immediately preceding the hearings. The board shall	22912
make available proposed regulations or amendments to the public at	22913
the office of the board.	22914

(C) Regulations or amendments adopted by the board are	22915
effective thirty days after the date of adoption unless, within	22916
thirty days after the adoption of the regulations or amendments,	22917
the township fiscal officer receives a petition, signed by a	22918
number of qualified electors residing in the unincorporated area	22919
of the township equal to not less than ten per cent of the total	22920
vote cast for all candidates for governor in the area at the most	22921
recent general election at which a governor was elected,	22922
requesting the board to submit the regulations or amendments to	22923
the electors of the area for approval or rejection at the next	22924
primary or general election occurring at least ninety days after	22925
the board receives the petition.	22926

No regulation or amendment for which the referendum vote has	22927
been requested is effective unless a majority of the votes cast on	22928
the issue is in favor of the regulation or amendment. Upon	22929
certification by the board of elections that a majority of the	22930
votes cast on the issue was in favor of the regulation or	22931
amendment, the regulation or amendment takes immediate effect.	22932

(D) The board shall make available regulations it adopts or	22933
amends to the public at the office of the board and shall cause to	22934
be published once a notice of the availability of the regulations	22935
in ~~at least one~~a newspaper of general circulation in the township	22936
within ten days after their adoption or amendment.	22937

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	22938
shall be construed to allow a board of township trustees to	22939
regulate the practice of any limited branch of medicine specified	22940
in section 4731.15 of the Revised Code or the practice of	22941
providing therapeutic massage by a licensed physician, a licensed	22942
chiropractor, a licensed podiatrist, a licensed nurse, or any	22943
other licensed health professional. As used in this division,	22944
"licensed" means licensed, certified, or registered to practice in	22945
this state.	22946

Sec. 504.02. (A) After certification of a resolution as	22947
provided in division (A) of section 504.01 of the Revised Code,	22948
the board of elections shall submit the question of whether to	22949
adopt a limited home rule government to the electors of the	22950
unincorporated area of the township, and the ballot language shall	22951
be substantially as follows:	22952

"Shall the township of ........... (name) adopt a limited	22953
home rule government, under which government the board of township	22954
trustees, by resolution, may exercise limited powers of local	22955
self-government and limited police powers?	22956

......		For adoption of a limited home rule government		22957
......		Against adoption of a limited home rule government"		22958

(B)(1) At least forty-five days before the election on this	22959
question, the board of township trustees shall have notice of the	22960
election and a description of the proposed limited home rule	22961
government published in a newspaper of general circulation in the	22962
township once a week for two consecutive weeks or as provided in	22963
section 7.16 of the Revised Code, and shall have the notice and	22964
description posted in five conspicuous places in the	22965
unincorporated area of the township.	22966

(2) If a board of elections operates and maintains a web	22967
site, notice of the election and a description of the proposed	22968
limited home rule government shall be posted on that web site for	22969
at least thirty days before the election on this question.	22970

(C) If a majority of the votes cast on the proposition of	22971
adopting a limited home rule government is in the affirmative,	22972
that government is adopted and becomes the government of the	22973
township on the first day of January immediately following the	22974
election.	22975

Sec. 504.03. (A)(1) If a limited home rule government is	22976
adopted pursuant to section 504.02 of the Revised Code, it shall	22977
remain in effect for at least three years except as otherwise	22978
provided in division (B) of this section. At the end of that	22979
period, if the board of township trustees determines that that	22980
government is not in the best interests of the township, it may	22981
adopt a resolution causing the board of elections to submit to the	22982
electors of the unincorporated area of the township the question	22983
of whether the township should continue the limited home rule	22984
government. The question shall be voted upon at the next general	22985
election occurring at least ninety days after the certification of	22986
the resolution to the board of elections. After certification of	22987
the resolution, the board of elections shall submit the question	22988
to the electors of the unincorporated area of the township, and	22989
the ballot language shall be substantially as follows:	22990

"Shall the township of ........... (name) continue the	22991
limited home rule government under which it is operating?	22992

......		For continuation of the limited home rule government		22993
......		Against continuation of the limited home rule government"		22994

(2)(a) At least forty-five days before the election on the	22995
question of continuing the limited home rule government, the board	22996
of township trustees shall have notice of the election published	22997
in a newspaper of general circulation in the township once a week	22998
for two consecutive weeks or as provided in section 7.16 of the	22999
Revised Code, and shall have the notice posted in five conspicuous	23000
places in the unincorporated area of the township.	23001

(b) If a board of elections operates and maintains a web	23002
site, notice of the election shall be posted on that web site for	23003
at least thirty days before the election on the question of	23004
continuing the limited home rule government.	23005

(B) The electors of a township that has adopted a limited	23006
home rule government may propose at any time by initiative	23007
petition, in accordance with section 504.14 of the Revised Code, a	23008
resolution submitting to the electors in the unincorporated area	23009
of the township, in an election, the question set forth in	23010
division (A)(1) of this section.	23011

(C) If a majority of the votes cast under division (A) or (B)	23012
of this section on the proposition of continuing the limited home	23013
rule government is in the negative, that government is terminated	23014
effective on the first day of January immediately following the	23015
election, and a limited home rule government shall not be adopted	23016
in the unincorporated area of the township pursuant to section	23017
504.02 of the Revised Code for at least three years after that	23018
date.	23019

(D) If a limited home rule government is terminated under	23020
this section, the board of township trustees immediately shall	23021
adopt a resolution repealing all resolutions adopted pursuant to	23022
this chapter that are not authorized by any other section of the	23023
Revised Code outside this chapter, effective on the first day of	23024
January immediately following the election described in division	23025
(A) or (B) of this section. However, no resolution adopted under	23026
this division shall affect or impair the obligations of the	23027
township under any security issued or contracts entered into by	23028
the township in connection with the financing of any water supply	23029
facility or sewer improvement under sections 504.18 to 504.20 of	23030
the Revised Code or the authority of the township to collect or	23031
enforce any assessments or other revenues constituting security	23032
for or source of payments of debt service charges of those	23033
securities.	23034

(E) Upon the termination of a limited home rule government	23035
under this section, if the township had converted its board of	23036
township trustees to a five-member board before September 26,	23037
2003, the current board member who received the lowest number of	23038
votes of the current board members who were elected at the most	23039
recent election for township trustees, and the current board	23040
member who received the lowest number of votes of the current	23041
board members who were elected at the second most recent election	23042
for township trustees, shall cease to be township trustees on the	23043
date that the limited home rule government terminates. Their	23044
offices likewise shall cease to exist at that time, and the board	23045
shall continue as a three-member board as provided in section	23046
505.01 of the Revised Code.	23047

Sec. 504.12. No resolution and no section or numbered or	23048
lettered division of a section shall be revised or amended unless	23049
the new resolution contains the entire resolution, section, or	23050
division as revised or amended, and the resolution, section, or	23051
division so amended shall be repealed. This requirement does not	23052
prevent the amendment of a resolution by the addition of a new	23053
section, or division, and in this case the full text of the former	23054
resolution need not be set forth, nor does this section prevent	23055
repeals by implication. Except in the case of a codification or	23056
recodification of resolutions, a separate vote shall be taken on	23057
each resolution proposed to be amended. Resolutions that have been	23058
introduced and have received their first reading or their first	23059
and second readings, but have not been voted on for passage, may	23060
be amended or revised by a majority vote of the members of the	23061
board of township trustees, and the amended or revised resolution	23062
need not receive additional readings.	23063

The board of township trustees of a limited home rule	23064
township may revise, codify, and publish in book form the	23065
resolutions of the township in the same manner as provided in	23066
section 731.23 of the Revised Code for municipal corporations.	23067
Resolutions adopted by the board shall be published in the same	23068
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and	23069
731.26 of the Revised Code for municipal corporations, except that	23070
they shall be published in ~~newspapers circulating~~a newspaper of	23071
general circulation within the township. The fiscal officer of the	23072
township shall perform the duties that the clerk of the	23073
legislative authority of a municipal corporation is required to	23074
perform under those sections.	23075

The procedures provided in this section apply only to	23076
resolutions adopted pursuant to a township's limited home rule	23077
powers as authorized by this chapter.	23078

Sec. 504.16. (A) Each township that adopts a limited home	23079
rule government shall promptly do one of the following:	23080

(1) Establish a police district pursuant to section 505.48 of	23081
the Revised Code, except that the district shall include all of	23082
the unincorporated area of the township and no other territory;	23083

(2) Establish a joint ~~township~~ police district pursuant to	23084
section ~~505.481~~505.482 of the Revised Code;	23085

(3) Contract pursuant to section 311.29, 505.43, or 505.50 of	23086
the Revised Code to obtain police protection services, including	23087
the enforcement of township resolutions adopted under this	23088
chapter, on a regular basis.	23089

(B) A township that has taken an action described in division	23090
(A) of this section before adopting a limited home rule government	23091
need not take any other such action upon adopting that government.	23092

(C) The requirement that a township take one of the actions	23093
described in divisions (A)(1), (2), and (3) of this section does	23094
not prevent a township that acts under division (A)(1) or (2) of	23095
this section from contracting under division (A)(3) of this	23096
section to obtain additional police protection services on a	23097
regular basis.	23098

Sec. 504.21. (A) The board of township trustees of a	23099
township that has adopted a limited home rule government may, for	23100
the unincorporated territory in the township, adopt, amend, and	23101
rescind rules establishing technically feasible and economically	23102
reasonable standards to achieve a level of management and	23103
conservation practices that will abate wind or water erosion of	23104
the soil or abate the degradation of the waters of the state by	23105
soil sediment in conjunction with land grading, excavating,	23106
filling, or other soil disturbing activities on land used or being	23107
developed in the township for nonfarm commercial, industrial,	23108
residential, or other nonfarm purposes, and establish criteria for	23109
determination of the acceptability of those management and	23110
conservation practices. The rules shall be designed to implement	23111
the applicable areawide waste treatment management plan prepared	23112
under section 208 of the "Federal Water Pollution Control Act," 86	23113
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement	23114
phase II of the storm water program of the national pollutant	23115
discharge elimination system established in 40 C.F.R. Part 122.	23116
The rules to implement phase II of the storm water program of the	23117
national pollutant discharge elimination system shall not be	23118
inconsistent with, more stringent than, or broader in scope than	23119
the rules or regulations adopted by the environmental protection	23120
agency under 40 C.F.R. Part 122. The rules adopted under this	23121
section shall not apply inside the limits of municipal	23122
corporations, to lands being used in a strip mine operation as	23123
defined in section 1513.01 of the Revised Code, or to land being	23124
used in a surface mine operation as defined in section 1514.01 of	23125
the Revised Code.	23126

The rules adopted under this section may require persons to	23127
file plans governing erosion control, sediment control, and water	23128
management before clearing, grading, excavating, filling, or	23129
otherwise wholly or partially disturbing one or more contiguous	23130
acres of land owned by one person or operated as one development	23131
unit for the construction of nonfarm buildings, structures,	23132
utilities, recreational areas, or other similar nonfarm uses. If	23133
the rules require plans to be filed, the rules shall do all of the	23134
following:	23135

(1) Designate the board itself, its employees, or another	23136
agency or official to review and approve or disapprove the plans;	23137

(2) Establish procedures and criteria for the review and	23138
approval or disapproval of the plans;	23139

(3) Require the designated entity to issue a permit to a	23140
person for the clearing, grading, excavating, filling, or other	23141
project for which plans are approved and to deny a permit to a	23142
person whose plans have been disapproved;	23143

(4) Establish procedures for the issuance of the permits;

23144

(5) Establish procedures under which a person may appeal the	23145
denial of a permit.	23146

Areas of less than one contiguous acre shall not be exempt	23147
from compliance with other provisions of this section or rules	23148
adopted under this section. The rules adopted under this section	23149
may impose reasonable filing fees for plan review, permit	23150
processing, and field inspections.	23151

No permit or plan shall be required for a public highway,	23152
transportation, or drainage improvement or maintenance project	23153
undertaken by a government agency or political subdivision in	23154
accordance with a statement of its standard sediment control	23155
policies that is approved by the board or the chief of the	23156
division of soil and water resources in the department of natural	23157
resources.	23158

(B) Rules or amendments may be adopted under this section	23159
only after public hearings at not fewer than two regular sessions	23160
of the board of township trustees. The board shall cause to be	23161
published, in a newspaper of general circulation in the township,	23162
notice of the public hearings, including time, date, and place,	23163
once a week for two weeks immediately preceding the hearings, or	23164
as provided in section 7.16 of the Revised Code. The proposed	23165
rules or amendments shall be made available by the board to the	23166
public at the board office or other location indicated in the	23167
notice. The rules or amendments shall take effect on the	23168
thirty-first day following the date of their adoption.	23169

(C) The board of township trustees may employ personnel to	23170
assist in the administration of this section and the rules adopted	23171
under it. The board also, if the action does not conflict with the	23172
rules, may delegate duties to review sediment control and water	23173
management plans to its employees, and may enter into agreements	23174
with one or more political subdivisions, other township officials,	23175
or other government agencies, in any combination, in order to	23176
obtain reviews and comments on plans governing erosion control,	23177
sediment control, and water management or to obtain other services	23178
for the administration of the rules adopted under this section.	23179

(D) The board of township trustees or any duly authorized	23180
representative of the board may, upon identification to the owner	23181
or person in charge, enter any land upon obtaining agreement with	23182
the owner, tenant, or manager of the land in order to determine	23183
whether there is compliance with the rules adopted under this	23184
section. If the board or its duly authorized representative is	23185
unable to obtain such an agreement, the board or representative	23186
may apply for, and a judge of the court of common pleas for the	23187
county where the land is located may issue, an appropriate	23188
inspection warrant as necessary to achieve the purposes of this	23189
section.	23190

(E)(1) If the board of township trustees or its duly	23191
authorized representative determines that a violation of the rules	23192
adopted under this section exists, the board or representative may	23193
issue an immediate stop work order if the violator failed to	23194
obtain any federal, state, or local permit necessary for sediment	23195
and erosion control, earth movement, clearing, or cut and fill	23196
activity. In addition, if the board or representative determines	23197
such a rule violation exists, regardless of whether or not the	23198
violator has obtained the proper permits, the board or	23199
representative may authorize the issuance of a notice of	23200
violation. If, after a period of not less than thirty days has	23201
elapsed following the issuance of the notice of violation, the	23202
violation continues, the board or its duly authorized	23203
representative shall issue a second notice of violation. Except as	23204
provided in division (E)(3) of this section, if, after a period of	23205
not less than fifteen days has elapsed following the issuance of	23206
the second notice of violation, the violation continues, the board	23207
or its duly authorized representative may issue a stop work order	23208
after first obtaining the written approval of the prosecuting	23209
attorney of the county in which the township is located if, in the	23210
opinion of the prosecuting attorney, the violation is egregious.	23211

Once a stop work order is issued, the board or its duly	23212
authorized representative shall request, in writing, the	23213
prosecuting attorney to seek an injunction or other appropriate	23214
relief in the court of common pleas to abate excessive erosion or	23215
sedimentation and secure compliance with the rules adopted under	23216
this section. If the prosecuting attorney seeks an injunction or	23217
other appropriate relief, then, in granting relief, the court of	23218
common pleas may order the construction of sediment control	23219
improvements or implementation of other control measures and may	23220
assess a civil fine of not less than one hundred or more than five	23221
hundred dollars. Each day of violation of a rule or stop work	23222
order issued under this section shall be considered a separate	23223
violation subject to a civil fine.	23224

(2) The person to whom a stop work order is issued under this	23225
section may appeal the order to the court of common pleas of the	23226
county in which it was issued, seeking any equitable or other	23227
appropriate relief from that order.	23228

(3) No stop work order shall be issued under this section	23229
against any public highway, transportation, or drainage	23230
improvement or maintenance project undertaken by a government	23231
agency or political subdivision in accordance with a statement of	23232
its standard sediment control policies that is approved by the	23233
board or the chief of the division of soil and water resources in	23234
the department of natural resources.	23235

(F) No person shall violate any rule adopted or order issued	23236
under this section. Notwithstanding division (E) of this section,	23237
if the board of township trustees determines that a violation of	23238
any rule adopted or administrative order issued under this section	23239
exists, the board may request, in writing, the prosecuting	23240
attorney of the county in which the township is located, to seek	23241
an injunction or other appropriate relief in the court of common	23242
pleas to abate excessive erosion or sedimentation and secure	23243
compliance with the rules or order. In granting relief, the court	23244
of common pleas may order the construction of sediment control	23245
improvements or implementation of other control measures and may	23246
assess a civil fine of not less than one hundred or more than five	23247
hundred dollars. Each day of violation of a rule adopted or	23248
administrative order issued under this section shall be considered	23249
a separate violation subject to a civil fine.	23250

Sec. 505.101. The board of township trustees of any township	23251
may, by resolution, enter into a contract, without advertising or	23252
bidding, for the purchase or sale of materials, equipment, or	23253
supplies from or to any department, agency, or political	23254
subdivision of the state, for the purchase of services with a soil	23255
and water conservation district established under Chapter 1515. of	23256
the Revised Code, or for the purchase of supplies, services,	23257
materials, and equipment with a regional planning commission	23258
pursuant to division (D) of section 713.23 of the Revised Code, or	23259
for the purchase of services from an educational service center	23260
under section 3313.846 of the Revised Code. The resolution shall:	23261

(A) Set forth the maximum amount to be paid as the purchase	23262
price for the materials, equipment, supplies, or services;	23263

(B) Describe the type of materials, equipment, supplies, or	23264
services that are to be purchased;	23265

(C) Appropriate sufficient funds to pay the purchase price	23266
for the materials, equipment, supplies, or services, except that	23267
no such appropriation is necessary if funds have been previously	23268
appropriated for the purpose and remain unencumbered at the time	23269
the resolution is adopted.	23270

Sec. 505.105. Stolen or other property recovered by members	23271
of an organized police department of a township, a township police	23272
district, a joint ~~township~~ police district, or the office of a	23273
township constable shall be deposited and kept in a place	23274
designated by the head of the department, district, or office.	23275
Each article of property shall be entered in a book kept for that	23276
purpose, with the name of its owner, if ascertained, the person	23277
from whom it was taken, the place where it was found with general	23278
circumstances, the date of its receipt, and the name of the	23279
officer receiving it.	23280

An inventory of all money or other property shall be given to	23281
the party from whom it was taken, and, if it is not claimed by	23282
some person within thirty days after arrest and seizure, it shall	23283
be delivered to the person from whom it was taken, and to no other	23284
person, either attorney, agent, factor, or clerk, except by	23285
special order of the head of the department, district, or office.	23286

Sec. 505.106. No officer, or other member of an organized	23287
police department of a township, a township police district, a	23288
joint ~~township~~ police district, or the office of a township	23289
constable shall neglect or refuse to deposit property taken or	23290
found by the officer or other member in possession of a person	23291
arrested. Any conviction for a violation of this section shall	23292
vacate the office of the person so convicted.	23293

Sec. 505.107. If, within thirty days, the money or property	23294
recovered under section 505.105 of the Revised Code is claimed by	23295
any other person, it shall be retained by its custodian until	23296
after the discharge or conviction of the person from whom it was	23297
taken and as long as it is required as evidence in any case in	23298
court. If that claimant establishes to the satisfaction of the	23299
court that the claimant is the rightful owner, the money or	23300
property shall be restored to the claimant; otherwise, it shall be	23301
returned to the accused person, personally, and not to any	23302
attorney, agent, factor, or clerk of the accused person, except	23303
upon special order of the head of the organized police department	23304
of the township, township police district, joint ~~township~~ police	23305
district, or office of a township constable, as the case may be,	23306
after all liens and claims in favor of the township have first	23307
been discharged and satisfied.	23308

Sec. 505.108. Except as otherwise provided in this section	23309
and unless the property involved is required to be disposed of	23310
pursuant to another section of the Revised Code, property that is	23311
unclaimed for ninety days or more shall be sold by the chief of	23312
police or other head of the organized police department of the	23313
township, township police district, joint ~~township~~ police	23314
district, or office of a township constable at public auction,	23315
after notice of the sale has been provided by publication once a	23316
week for three successive weeks in a newspaper of general	23317
circulation, or as provided in section 7.16 of the Revised Code,	23318
in the county, or counties, if appropriate, in the case of a joint	23319
~~township~~ police district. The proceeds of the sale shall be paid	23320
to the fiscal officer of the township and credited to the township	23321
general fund, except that, in the case of a joint ~~township~~ police	23322
district, the proceeds of a sale shall be paid to the ~~fiscal~~	23323
~~officer~~treasurer of the ~~most populous participating township~~	23324
joint police district board and credited to the appropriate	23325
~~township general~~ fund ~~or funds~~ according to agreement of the	23326
participating townships and municipal corporations.	23327

If authorized to do so by a resolution adopted by the board	23328
of township trustees or, in the case of a joint ~~township~~ police	23329
district, ~~each participating~~the joint police district board of	23330
~~township trustees~~, and if the property involved is not required to	23331
be disposed of pursuant to another section of the Revised Code,	23332
the head of the department, district, or office may contribute	23333
property that is unclaimed for ninety days or more to one or more	23334
public agencies, to one or more nonprofit organizations no part of	23335
the net income of which inures to the benefit of any private	23336
shareholder or individual and no substantial part of the	23337
activities of which consists of carrying on propaganda or	23338
otherwise attempting to influence legislation, or to one or more	23339
organizations satisfying section 501(c)(3) or (c)(19) of the	23340
Internal Revenue Code of 1986.	23341

Sec. 505.109. Upon the sale of any unclaimed property as	23342
provided in section 505.108 of the Revised Code, if any of the	23343
unclaimed property was ordered removed to a place of storage or	23344
stored, or both, by or under the direction of the head of the	23345
organized police department of the township, township police	23346
district, joint ~~township~~ police district, or office of a township	23347
constable, any expenses or charges for the removal or storage, or	23348
both, and costs of sale, provided they are approved by the head of	23349
the department, district, or office, shall first be paid from the	23350
proceeds of the sale. Notice shall be given by certified mail,	23351
thirty days before the date of the sale, to the owner and	23352
mortgagee, or other lienholder, at their last known addresses.	23353

Sec. 505.17. (A) Except in a township or portion of a	23354
township that is within the limits of a municipal corporation, the	23355
board of township trustees may make regulations and orders as are	23356
necessary to control passenger car, motorcycle, and internal	23357
combustion engine noise, as permitted under section 4513.221 of	23358
the Revised Code, and all vehicle parking in the township. This	23359
authorization includes, among other powers, the power to regulate	23360
parking on established roadways proximate to buildings on private	23361
property as necessary to provide access to the property by public	23362
safety vehicles and equipment, if the property is used for	23363
commercial purposes, the public is permitted to use the parking	23364
area, and accommodation for more than ten motor vehicles is	23365
provided, and the power to authorize the issuance of orders	23366
limiting or prohibiting parking on any township street or highway	23367
during a snow emergency declared pursuant to a snow-emergency	23368
authorization adopted under this division. All such regulations	23369
and orders shall be subject to the limitations, restrictions, and	23370
exceptions in sections 4511.01 to 4511.76 and 4513.02 to 4513.37	23371
of the Revised Code.	23372

A board of township trustees may adopt a general	23373
snow-emergency authorization, which becomes effective under	23374
division (B)(1) of this section, allowing the president of the	23375
board or some other person specified in the authorization to issue	23376
an order declaring a snow emergency and limiting or prohibiting	23377
parking on any township street or highway during the snow	23378
emergency. Any such order becomes effective under division (B)(2)	23379
of this section. Each general snow-emergency authorization adopted	23380
under this division shall specify the weather conditions under	23381
which a snow emergency may be declared in that township.	23382

(B)(1) All regulations and orders, including any	23383
snow-emergency authorization established by the board under this	23384
section, except for an order declaring a snow emergency as	23385
provided in division (B)(2) of this section, shall be posted by	23386
the township fiscal officer in five conspicuous public places in	23387
the township for thirty days before becoming effective, and shall	23388
be published in a newspaper of general circulation in the township	23389
for three consecutive weeks or as provided in section 7.16 of the	23390
Revised Code. In addition to these requirements, no general	23391
snow-emergency authorization shall become effective until	23392
permanent signs giving notice that parking is limited or	23393
prohibited during a snow emergency are properly posted, in	23394
accordance with any applicable standards adopted by the department	23395
of transportation, along streets or highways specified in the	23396
authorization.	23397

(2) Pursuant to the adoption of a snow-emergency	23398
authorization under this section, an order declaring a snow	23399
emergency becomes effective two hours after the president of the	23400
board or the other person specified in the general snow-emergency	23401
authorization makes an announcement of a snow emergency to the	23402
local news media. The president or other specified person shall	23403
request the local news media to announce that a snow emergency has	23404
been declared, the time the declaration will go into effect, and	23405
whether the snow emergency will remain in effect for a specified	23406
period of time or indefinitely until canceled by a subsequent	23407
announcement to the local news media by the president or other	23408
specified person.	23409

(C) Such regulations and orders may be enforced where traffic	23410
control devices conforming to section 4511.09 of the Revised Code	23411
are prominently displayed. Parking regulations authorized by this	23412
section do not apply to any state highway unless the parking	23413
regulations are approved by the director of transportation.	23414

(D) A board of township trustees or its designated agent may	23415
order into storage any vehicle parked in violation of a township	23416
parking regulation or order, if the violation is not one that is	23417
required to be handled pursuant to Chapter 4521. of the Revised	23418
Code. The owner or any lienholder of a vehicle ordered into	23419
storage may claim the vehicle upon presentation of proof of	23420
ownership, which may be evidenced by a certificate of title to the	23421
vehicle, and payment of all expenses, charges, and fines incurred	23422
as a result of the parking violation and removal and storage of	23423
the vehicle.	23424

(E) Whoever violates any regulation or order adopted pursuant	23425
to this section is guilty of a minor misdemeanor, unless the	23426
township has enacted a regulation pursuant to division (A) of	23427
section 4521.02 of the Revised Code, that specifies that the	23428
violation shall not be considered a criminal offense and shall be	23429
handled pursuant to Chapter 4521. of the Revised Code. Fines	23430
levied and collected under this section shall be paid into the	23431
township general revenue fund.	23432

Sec. 505.172. (A) As used in this section, "law enforcement	23433
officer" means a sheriff, deputy sheriff, constable, police	23434
officer of a township or joint ~~township~~ police district, marshal,	23435
deputy marshal, or municipal police officer.	23436

(B) Except as otherwise provided in this section and section	23437
505.17 of the Revised Code, a board of township trustees may adopt	23438
regulations and orders that are necessary to control noise within	23439
the unincorporated territory of the township that is generated at	23440
any premises to which a D permit has been issued by the division	23441
of liquor control or that is generated within any areas zoned for	23442
residential use.	23443

(C) Any person who engages in any of the activities described	23444
in section 1.61 of the Revised Code is exempt from any regulation	23445
or order adopted under division (B) of this section if the noise	23446
is attributed to an activity described in section 1.61 of the	23447
Revised Code. Any person who engages in coal mining and	23448
reclamation operations, as defined in division (B) of section	23449
1513.01 of the Revised Code, or surface mining, as defined in	23450
division (A) of section 1514.01 of the Revised Code, is exempt	23451
from any regulation or order adopted under division (B) of this	23452
section if the noise is attributed to coal mining and reclamation	23453
or surface mining activities. Noise resulting from the drilling,	23454
completion, operation, maintenance, or construction of any crude	23455
oil or natural gas wells or pipelines or any appurtenances to	23456
those wells or pipelines or from the distribution, transportation,	23457
gathering, or storage of crude oil or natural gas is exempt from	23458
any regulation or order adopted under division (B) of this	23459
section.	23460

(D)(1) Except as otherwise provided in division (C) ~~or (D)(2)~~	23461
of this section, any regulation or order adopted under division	23462
(B) of this section shall apply to any business or industry in	23463
~~existence and operating on October 20, 1999, and a regulation or~~	23464
~~order so adopted shall apply to any new operation or expansion of~~	23465
~~that business or industry that results in substantially increased~~	23466
~~noise levels from those generated by that business or industry on~~	23467
~~that date.~~	23468

~~(2) Any regulation or order adopted under division (B) of~~	23469
~~this section applies~~or to any premises to which a D permit has	23470
been issued by the division of liquor control regardless of	23471
~~whether the premises was in existence and operating on October 20,~~	23472
~~1999, or whether~~when it came into existence ~~and operation after~~	23473
~~that date~~.	23474

(E) Whoever violates any regulation or order adopted under	23475
division (B) of this section is guilty of a misdemeanor of the	23476
second degree. Fines levied and collected under this section shall	23477
be paid into the township general revenue fund.	23478

(F) Any person allegedly aggrieved by another person's	23479
violation of a regulation or order adopted under division (B) of	23480
this section may seek in a civil action a declaratory judgment, an	23481
injunction, or other appropriate relief against the other person	23482
committing the act or practice that violates that regulation or	23483
order. A board of township trustees that adopts a regulation or	23484
order under division (B) of this section ~~shall~~may seek in a civil	23485
action an injunction against ~~each~~any person that commits an act	23486
or practice that violates that regulation or order. The court	23487
involved in a civil action referred to in this division may award	23488
to the prevailing party reasonable attorney's fees limited to the	23489
work reasonably performed.	23490

(G) If any law enforcement officer with jurisdiction in a	23491
township that has adopted a regulation or order under division (B)	23492
of this section has reasonable cause to believe that any premises	23493
to which a D permit has been issued by the division of liquor	23494
control has violated the regulation or order and, as a result of	23495
the violation, has caused, is causing, or is about to cause	23496
substantial and material harm, the law enforcement officer may	23497
issue an order that the premises cease and desist from the	23498
activity violating the regulation or order. The cease-and-desist	23499
order shall be served personally upon the owner, operator,	23500
manager, or other person in charge of the premises immediately	23501
after its issuance by the officer. The township thereafter may	23502
publicize or otherwise make known to all interested persons that	23503
the cease-and-desist order has been issued.	23504

The cease-and-desist order shall specify the particular	23505
conduct that is subject to the order and shall inform the person	23506
upon whom it is served that the premises will be granted a hearing	23507
in the municipal court or county court with jurisdiction over the	23508
premises regarding the operation of the order and the possible	23509
issuance of an injunction or other appropriate relief. The	23510
premises shall comply with the cease-and-desist order immediately	23511
upon receipt of the order. Upon service of the cease-and-desist	23512
order upon the owner, operator, manager, or other person in charge	23513
of the premises, the township law director or, if the township	23514
does not have a law director, the prosecuting attorney of the	23515
county in which the township is located shall file in the	23516
municipal court or county court with jurisdiction over the	23517
premises a civil action seeking to confirm the cease-and-desist	23518
order and seeking an injunction or other appropriate relief	23519
against the premises. The owner, operator, manager, or other	23520
person in charge of the premises may file a motion in that civil	23521
action for a stay of the cease-and-desist order for good cause	23522
shown, pending the court's rendering its decision in the action.	23523
The court shall set a date for a hearing, hold the hearing, and	23524
render a decision in the action not more than ten days after the	23525
date of the cease-and-desist order, or the cease-and-desist order	23526
is terminated. Division (F) of this section applies regarding an	23527
action filed as described in this division.	23528

(H) Nothing in this section authorizes a township to enforce	23529
any regulation or order adopted under division (B) of this section	23530
against a premises to which a D permit has been issued by the	23531
division of liquor control if that premises is not located in the	23532
unincorporated territory of that township.	23533

Sec. 505.24. Each township trustee is entitled to	23534
compensation as follows:	23535

(A) Except as otherwise provided in division (B) of this	23536
section, an amount for each day of service in the business of the	23537
township, to be paid from the township treasury as follows:	23538

(1) In townships having a budget of fifty thousand dollars or	23539
less, twenty dollars per day for not more than two hundred days;	23540

(2) In townships having a budget of more than fifty thousand	23541
but not more than one hundred thousand dollars, twenty-four	23542
dollars per day for not more than two hundred days;	23543

(3) In townships having a budget of more than one hundred	23544
thousand but not more than two hundred fifty thousand dollars,	23545
twenty-eight dollars and fifty cents per day for not more than two	23546
hundred days;	23547

(4) In townships having a budget of more than two hundred	23548
fifty thousand but not more than five hundred thousand dollars,	23549
thirty-three dollars per day for not more than two hundred days;	23550

(5) In townships having a budget of more than five hundred	23551
thousand but not more than seven hundred fifty thousand dollars,	23552
thirty-five dollars per day for not more than two hundred days;	23553

(6) In townships having a budget of more than seven hundred	23554
fifty thousand but not more than one million five hundred thousand	23555
dollars, forty dollars per day for not more than two hundred days;	23556

(7) In townships having a budget of more than one million	23557
five hundred thousand but not more than three million five hundred	23558
thousand dollars, forty-four dollars per day for not more than two	23559
hundred days;	23560

(8) In townships having a budget of more than three million	23561
five hundred thousand dollars but not more than six million	23562
dollars, forty-eight dollars per day for not more than two hundred	23563
days;	23564

(9) In townships having a budget of more than six million	23565
dollars, fifty-two dollars per day for not more than two hundred	23566
days.	23567

(B) Beginning in calendar year 1999, the amounts paid as	23568
specified in division (A) of this section shall be replaced by the	23569
following amounts:	23570

(1) In calendar year 1999, the amounts specified in division	23571
(A) of this section increased by three per cent;	23572

(2) In calendar year 2000, the amounts determined under	23573
division (B)(1) of this section increased by three per cent;	23574

(3) In calendar year 2001, the amounts determined under	23575
division (B)(2) of this section increased by three per cent;	23576

(4) In calendar year 2002, except in townships having a	23577
budget of more than six million dollars, the amounts determined	23578
under division (B)(3) of this section increased by three per cent;	23579
in townships having a budget of more than six million but not more	23580
than ten million dollars, seventy dollars per day for not more	23581
than two hundred days; and in townships having a budget of more	23582
than ten million dollars, ninety dollars per day for not more than	23583
two hundred days;	23584

(5) In calendar years 2003 through 2008, the amounts	23585
determined under division (B) of this section for the immediately	23586
preceding calendar year increased by the lesser of the following:	23587

(a) Three per cent;

23588

(b) The percentage increase, if any, in the consumer price	23589
index over the twelve-month period that ends on the thirtieth day	23590
of September of the immediately preceding calendar year, rounded	23591
to the nearest one-tenth of one per cent;	23592

(6) In calendar year 2009 and thereafter, the amount	23593
determined under division (B) of this section for calendar year	23594
2008.	23595

As used in division (B) of this section, "consumer price	23596
index" has the same meaning as in section 325.18 of the Revised	23597
Code.	23598

(C) Whenever members of a board of township trustees are	23599
compensated per diem and not by annual salary, the board shall	23600
establish, by resolution, a method by which each member of the	23601
board shall periodically notify the township fiscal officer of the	23602
number of days spent in the service of the township and the kinds	23603
of services rendered on those days. The per diem compensation	23604
shall be paid from the township general fund or from other	23605
township funds in such proportions as the kinds of services	23606
performed may require. The notice shall be filed with the township	23607
fiscal officer and preserved for inspection by any persons	23608
interested.	23609

By unanimous vote, a board of township trustees may adopt a	23610
method of compensation consisting of an annual salary to be paid	23611
in equal monthly payments. If the office of trustee is held by	23612
more than one person during any calendar year, each person holding	23613
the office shall receive payments for only those months, and any	23614
fractions of those months, during which the person holds the	23615
office. The amount of the annual salary approved by the board	23616
shall be no more than the maximum amount that could be received	23617
annually by a trustee if the trustee were paid on a per diem basis	23618
as specified in this division, and shall be paid from the township	23619
general fund or from other township funds in such proportions as	23620
the board may specify by resolution. Each trustee shall certify	23621
the percentage of time spent working on matters to be paid from	23622
the township general fund and from other township funds in such	23623
proportions as the kinds of services performed. A board of	23624
township trustees that has adopted a salary method of compensation	23625
may return to a method of compensation on a per diem basis as	23626
specified in this division by a majority vote. Any change in the	23627
method of compensation shall be effective on the first day of	23628
January of the year following the year during which the board has	23629
voted to change the method of compensation.	23630

Sec. 505.264. (A) As used in this section, "energy	23631
conservation measure" means an installation or modification of an	23632
installation in, or remodeling of, an existing building, to reduce	23633
energy consumption. It includes the following:	23634

(1) Insulation of the building structure and of systems	23635
within the building;	23636

(2) Storm windows and doors, multiglazed windows and doors,	23637
heat-absorbing or heat-reflective glazed and coated window and	23638
door systems, additional glazing, reductions in glass area, and	23639
other window and door system modifications that reduce energy	23640
consumption;	23641

(3) Automatic energy control systems;

23642

(4) Heating, ventilating, or air conditioning system	23643
modifications or replacements;	23644

(5) Caulking and weatherstripping;

23645

(6) Replacement or modification of lighting fixtures to	23646
increase the energy efficiency of the system without increasing	23647
the overall illumination of a facility, unless an increase in	23648
illumination is necessary to conform to the applicable state or	23649
local building code for the proposed lighting system;	23650

(7) Energy recovery systems;

23651

(8) Cogeneration systems that produce steam or forms of	23652
energy such as heat, as well as electricity, for use primarily	23653
within a building or complex of buildings;	23654

(9) Any other modification, installation, or remodeling	23655
approved by the board of township trustees as an energy	23656
conservation measure.	23657

(B) For the purpose of evaluating township buildings for	23658
energy conservation measures, a township may contract with an	23659
architect, professional engineer, energy services company,	23660
contractor, or other person experienced in the design and	23661
implementation of energy conservation measures for a report that	23662
analyzes the buildings' energy needs and presents recommendations	23663
for building installations, modifications of existing	23664
installations, or building remodeling that would significantly	23665
reduce energy consumption in the buildings owned by that township.	23666
The report shall include estimates of all costs of the	23667
installations, modifications, or remodeling, including costs of	23668
design, engineering, installation, maintenance, and repairs, and	23669
estimates of the amounts by which energy consumption could be	23670
reduced.	23671

(C) A township desiring to implement energy conservation	23672
measures may proceed under either of the following methods:	23673

(1) Using a report or any part of a report prepared under	23674
division (B) of this section, advertise for bids and comply with	23675
the bidding procedures set forth in sections 307.86 to 307.92 of	23676
the Revised Code;	23677

(2) Request proposals from at least three vendors for the	23678
implementation of energy conservation measures. Prior to sending	23679
any installer of energy conservation measures a copy of any such	23680
request, the township shall advertise its intent to request	23681
proposals for the installation of energy conservation measures in	23682
a newspaper of general circulation in the township once a week for	23683
two consecutive weeks or as provided in section 7.16 of the	23684
Revised Code. The notice shall state that the township intends to	23685
request proposals for the installation of energy conservation	23686
measures; indicate the date, which shall be at least ten days	23687
after the second publication, on which the request for proposals	23688
will be mailed to installers of energy conservation measures; and	23689
state that any installer of energy conservation measures	23690
interested in receiving the request for proposal shall submit	23691
written notice to the township not later than noon of the day on	23692
which the request for proposal will be mailed.	23693

Upon receiving the proposals, the township shall analyze them	23694
and select the proposal or proposals most likely to result in the	23695
greatest energy savings considering the cost of the project and	23696
the township's ability to pay for the improvements with current	23697
revenues or by financing the improvements. The awarding of a	23698
contract to install energy conservation measures under division	23699
(C)(2) of this section shall be conditioned upon a finding by the	23700
township that the amount of money spent on energy savings measures	23701
is not likely to exceed the amount of money the township would	23702
save in energy and operating costs over ten years or a lesser	23703
period as determined by the township or, in the case of contracts	23704
for cogeneration systems, over five years or a lesser period as	23705
determined by the township. Nothing in this section prohibits a	23706
township from rejecting all proposals or from selecting more than	23707
one proposal.	23708

(D) A board of township trustees may enter into an	23709
installment payment contract for the purchase and installation of	23710
energy conservation measures. Any provisions of those installment	23711
payment contracts that deal with interest charges and financing	23712
terms shall not be subject to the competitive bidding procedures	23713
of section 307.86 of the Revised Code. Unless otherwise approved	23714
by a resolution of the board, an installment payment contract	23715
entered into by a board of township trustees under this section	23716
shall require the board to contract in accordance with the	23717
procedures set forth in section 307.86 of the Revised Code for the	23718
installation, modification, or remodeling of energy conservation	23719
measures pursuant to this section.	23720

(E) The board may issue securities of the township specifying	23721
the terms of the purchase and securing the deferred payments,	23722
payable at the times provided and bearing interest at a rate not	23723
exceeding the rate determined as provided in section 9.95 of the	23724
Revised Code. The maximum maturity of the securities shall be as	23725
provided in division (B)(7)(g) of section 133.20 of the Revised	23726
Code. The securities may contain an option for prepayment and	23727
shall not be subject to Chapter 133. of the Revised Code. Revenues	23728
derived from local taxes or otherwise, for the purpose of	23729
conserving energy or for defraying the current operating expenses	23730
of the township, may be applied to the payment of interest and the	23731
retirement of the securities. The securities may be sold at	23732
private sale or given to the contractor under the installment	23733
payment contract authorized by division (D) of this section.	23734

(F) Debt incurred under this section shall not be included in	23735
the calculation of the net indebtedness of a township under	23736
section 133.09 of the Revised Code.	23737

Sec. 505.267. (A) As used in this section:

23738

(1) "Lease-purchase agreement" has the same meaning as a	23739
lease with an option to purchase.	23740

(2) "Public obligation" has the same meaning as in section	23741
133.01 of the Revised Code.	23742

(B) For any purpose for which a board of township trustees,	23743
~~or a board of trustees of~~ a joint ~~township~~ police district board,	23744
a township fire district, a joint fire district, or a fire and	23745
ambulance district is authorized to acquire real or personal	23746
property, that board may enter into a lease-purchase agreement in	23747
accordance with this section to acquire the property. The board's	23748
resolution authorizing the lease-purchase agreement may provide	23749
for the issuance of certificates of participation or other	23750
evidences of fractionalized interests in the lease-purchase	23751
agreement, for the purpose of financing, or refinancing or	23752
refunding, any public obligation that financed or refinanced the	23753
acquisition of the property. Sections 9.94, 133.03, and 133.30 of	23754
the Revised Code shall apply to any such fractionalized interests.	23755

The lease-purchase agreement shall provide for a series of	23756
terms in which no term extends beyond the end of the fiscal year	23757
of the township or district in which that term commences. In	23758
total, the terms provided for in the agreement shall be for not	23759
more than the useful life of the real or personal property that is	23760
the subject of the agreement. A property's useful life shall be	23761
determined either by the maximum number of installment payments	23762
permitted under the statute that authorizes the board to acquire	23763
the property or, if there is no such provision, by the maximum	23764
number of years to maturity provided for the issuance of bonds in	23765
division (B) of section 133.20 of the Revised Code for that	23766
property. If the useful life cannot be determined under either of	23767
those statutes, it shall be estimated as provided in division (C)	23768
of section 133.20 of the Revised Code.	23769

The lease-purchase agreement shall provide that, at the end	23770
of the final term in the agreement, if all obligations of the	23771
township or district have been satisfied, the title to the leased	23772
property shall vest in the township or district executing the	23773
lease-purchase agreement, if that title has not vested in the	23774
township or district before or during the lease terms; except that	23775
the lease-purchase agreement may require the township or district	23776
to pay an additional lump sum payment as a condition of obtaining	23777
that title.	23778

(C) A board of trustees that enters into a lease-purchase	23779
agreement under this section may do any of the following with the	23780
property that is the subject of the agreement:	23781

(1) If the property is personal property, assign the board's	23782
rights to that property;	23783

(2) Grant the lessor a security interest in the property;

23784

(3) If the property is real property, grant leases,	23785
easements, or licenses for underlying land or facilities under the	23786
board's control for terms not exceeding five years beyond the	23787
final term of the lease-purchase agreement.	23788

(D) The authority granted in this section is in addition to,	23789
and not in derogation of, any other financing authority provided	23790
by law.	23791

Sec. 505.28. The board of township trustees may create a	23792
waste disposal district under sections 505.27 to 505.33 of the	23793
Revised Code, by a unanimous vote of the board and give notice	23794
thereof by a publication in ~~two newspapers~~a newspaper of general	23795
circulation in the township. If, within thirty days after such	23796
publication, a protest petition is filed with the board, signed by	23797
at least fifty per cent of the electors residing in the district,	23798
the act of the board in creating such district shall be void. If a	23799
petition is filed with the board asking for the creation of such a	23800
district in the township, accompanied by a map clearly showing the	23801
boundaries of such district, and signed by at least sixty-five per	23802
cent of the electors residing therein, with addresses of such	23803
signers, the board shall, within sixty days, create such a	23804
district.	23805

Each district shall be given a name, and the entire cost of	23806
any necessary equipment and labor shall be apportioned against	23807
each district by the respective boards.	23808

Sec. 505.373. The board of township trustees may, by	23809
resolution, adopt by incorporation by reference a standard code	23810
pertaining to fire, fire hazards, and fire prevention prepared and	23811
promulgated by the state or any department, board, or other agency	23812
of the state, or any such code prepared and promulgated by a	23813
public or private organization that publishes a model or standard	23814
code.	23815

After the adoption of the code by the board, a notice clearly	23816
identifying the code, stating the purpose of the code, and stating	23817
that a complete copy of the code is on file with the township	23818
fiscal officer for inspection by the public and also on file in	23819
the law library of the county in which the township is located and	23820
that the fiscal officer has copies available for distribution to	23821
the public at cost, shall be posted by the fiscal officer in five	23822
conspicuous places in the township for thirty days before becoming	23823
effective. The notice required by this section shall also be	23824
published in a newspaper of general circulation in the township	23825
once a week for three consecutive weeks or as provided in section	23826
7.16 of the Revised Code. If the adopting township amends or	23827
deletes any provision of the code, the notice shall contain a	23828
brief summary of the deletion or amendment.	23829

If the agency that originally promulgated or published the	23830
code thereafter amends the code, any township that has adopted the	23831
code pursuant to this section may adopt the amendment or change by	23832
incorporation by reference in the same manner as provided for	23833
adoption of the original code.	23834

Sec. 505.43. In order to obtain police protection, or to	23835
obtain additional police protection, any township may enter into a	23836
contract with one or more townships, municipal corporations, park	23837
districts created pursuant to section 511.18 or 1545.01 of the	23838
Revised Code, or county sheriffs, joint police districts, or with	23839
a governmental entity of an adjoining state upon any terms that	23840
are agreed to by them, for services of police departments or use	23841
of police equipment, or the interchange of the service of police	23842
departments or use of police equipment within the several	23843
territories of the contracting subdivisions, if the contract is	23844
first authorized by respective boards of township trustees or	23845
other legislative bodies. The cost of the contract may be paid for	23846
from the township general fund or from funds received pursuant to	23847
the passage of a levy authorized pursuant to division (J) of	23848
section 5705.19 and section 5705.25 of the Revised Code.	23849

Chapter 2744. of the Revised Code, insofar as it is	23850
applicable to the operation of police departments, applies to the	23851
contracting political subdivisions and police department members	23852
when the members are rendering service outside their own	23853
subdivision pursuant to the contract.	23854

Police department members acting outside the subdivision in	23855
which they are employed may participate in any pension or	23856
indemnity fund established by their employer to the same extent as	23857
while acting within the employing subdivision, and are entitled to	23858
all the rights and benefits of Chapter 4123. of the Revised Code,	23859
to the same extent as while performing service within the	23860
subdivision.	23861

The contract may provide for a fixed annual charge to be paid	23862
at the times agreed upon and stipulated in the contract.	23863

Sec. 505.48. (A) The board of township trustees of any	23864
township may, by resolution adopted by two-thirds of the members	23865
of the board, create a township police district comprised of all	23866
or a portion of the unincorporated territory of the township as	23867
the resolution may specify. If the township police district does	23868
not include all of the unincorporated territory of the township,	23869
the resolution creating the district shall contain a complete and	23870
accurate description of the territory of the district and a	23871
separate and distinct name for the district.	23872

At any time not less than one hundred twenty days after a	23873
township police district is created and operative, the territorial	23874
limits of the district may be altered in the manner provided in	23875
division (B) of this section or, if applicable, as provided in	23876
section 505.482 of the Revised Code.	23877

(B) Except as otherwise provided in section ~~505.482~~505.481	23878
of the Revised Code, the territorial limits of a township police	23879
district may be altered by a resolution adopted by a two-thirds	23880
vote of the board of township trustees. If the township police	23881
district imposes a tax, any territory proposed for addition to the	23882
district shall become part of the district only after all of the	23883
following have occurred:	23884

(1) Adoption by two-thirds vote of the board of township	23885
trustees of a resolution approving the expansion of the	23886
territorial limits of the district;	23887

(2) Adoption by a two-thirds vote of the board of township	23888
trustees of a resolution recommending the extension of the tax to	23889
the additional territory;	23890

(3) Approval of the tax by the electors of the territory	23891
proposed for addition to the district.	23892

Each resolution of the board adopted under division (B)(2) of	23893
this section shall state the name of the township police district,	23894
a description of the territory to be added, and the rate and	23895
termination date of the tax, which shall be the rate and	23896
termination date of the tax currently in effect in the district.	23897

The board of trustees shall certify each resolution adopted	23898
under division (B)(2) of this section to the board of elections in	23899
accordance with section 5705.19 of the Revised Code. The election	23900
required under division (B)(3) of this section shall be held,	23901
canvassed, and certified in the manner provided for the submission	23902
of tax levies under section 5705.25 of the Revised Code, except	23903
that the question appearing on the ballot shall read:	23904

"Shall the territory within ..........................	23905
(description of the proposed territory to be added) be added to	23906
................ (name) township police district, and a property	23907
tax at a rate of taxation not exceeding .......... (here insert	23908
tax rate) be in effect for .......... (here insert the number of	23909
years the tax is to be in effect or "a continuing period of time,"	23910
as applicable)?"	23911

If the question is approved by at least a majority of the	23912
electors voting on it, the joinder shall be effective as of the	23913
first day of January of the year following approval, and, on that	23914
date, the township police district tax shall be extended to the	23915
taxable property within the territory that has been added.	23916

~~Sec. 505.482.~~ Sec. 505.481. (A) If a township police district does	23917
not include all the unincorporated territory of the township, the	23918
remaining unincorporated territory of the township may be added to	23919
the district by a resolution adopted by a unanimous vote of the	23920
board of township trustees to place the issue of expansion of the	23921
district on the ballot for the electors of the entire	23922
unincorporated territory of the township. The resolution shall	23923
state whether the proposed township police district initially will	23924
hire personnel as provided in section 505.49 of the Revised Code	23925
or contract for the provision of police protection services or	23926
additional police protection services as provided in section	23927
505.43 or 505.50 of the Revised Code.	23928

The ballot measure shall provide for the addition into a new	23929
district of all the unincorporated territory of the township not	23930
already included in the township police district and for the levy	23931
of any tax then imposed by the district throughout the	23932
unincorporated territory of the township. The measure shall state	23933
the rate of the tax, if any, to be imposed in the district	23934
resulting from approval of the measure, which need not be the same	23935
rate of any tax imposed by the existing district, and the last	23936
year in which the tax will be levied or that it will be levied for	23937
a continuous period of time.	23938

(B) The election on the measure shall be held, canvassed, and	23939
certified in the manner provided for the submission of tax levies	23940
under section 5705.25 of the Revised Code, except that the	23941
question appearing on the ballot shall read substantially as	23942
follows:	23943

"Shall the unincorporated territory within ............ (name	23944
of the township) not already included within the ........... (name	23945
of township police district) be added to the township police	23946
district to create the ........... (name of new township police	23947
district) township police district?"	23948

The name of the proposed township police district shall be	23949
separate and distinct from the name of the existing township	23950
police district.	23951

If a tax is imposed in the existing township police district,	23952
the question shall be modified by adding, at the end of the	23953
question, the following: ", and shall a property tax be levied in	23954
the new township police district, replacing the tax in the	23955
existing township police district, at a rate not exceeding	23956
......... mills per dollar of taxable valuation, which amounts to	23957
......... (rate expressed in dollars and cents per one thousand	23958
dollars in taxable valuation), for ....... (number of years the	23959
tax will be levied, or "a continuing period of time")."	23960

If the measure is not approved by a majority of the electors	23961
voting on it, the township police district shall continue to	23962
occupy its existing territory until altered as provided in this	23963
section or section 505.48 of the Revised Code, and any existing	23964
tax imposed under section 505.51 of the Revised Code shall remain	23965
in effect in the existing district at the existing rate and for as	23966
long as provided in the resolution under the authority of which	23967
the tax is levied.	23968

~~Sec. 505.481.~~ Sec. 505.482. (A) The boards of township trustees of	23969
any two or more contiguous townships, or the boards of township	23970
trustees of one or more contiguous townships and the legislative	23971
authorities of one or more contiguous municipal corporations,	23972
whether or not within the same county, ~~may,~~ by adoption of a joint	23973
resolution by a ~~two-thirds~~majority favorable vote of each such	23974
board and of the members of the legislative authority of each such	23975
municipal corporation, may form themselves into a joint ~~township~~	23976
police district ~~board, and such townships shall be a part of a~~	23977
~~joint township police district~~comprising all or any part of the	23978
townships or municipal corporations as are mutually agreed upon.	23979
The governing body of the joint police district shall be a joint	23980
police district board, which shall include either all of the	23981
township trustees of each township and all of the members of the	23982
legislative authority of each municipal corporation in the	23983
district, as agreed to and established in the joint resolution	23984
creating the joint police district; or an odd number of members as	23985
agreed to and established in the joint resolution, as long as the	23986
members are representatives from each board of township trustees	23987
of each township and from the legislative authority of each	23988
municipal corporation in the joint police district.	23989

~~Such~~(B) The joint ~~township~~ police district board shall	23990
organize within thirty days after the favorable vote by the last	23991
board of township trustees or the members of the legislative	23992
authority of the last municipal corporation joining itself into	23993
the joint ~~township~~ police district board. The president of the	23994
board of township trustees of the most populous participating	23995
township or the legislative authority of the most populous	23996
participating municipal corporation shall give notice of the time	23997
and place of organization to each pending member of the joint	23998
police district board ~~of township trustees of each participating~~	23999
~~township~~, as established in the joint resolution. Such notice	24000
shall be signed ~~by the president of the board of township trustees~~	24001
~~of the most populous participating township,~~ and shall be sent by	24002
certified mail to each such pending member of the board of	24003
~~township trustees of each participating township,~~ at least five	24004
days prior to the organization meeting, which meeting shall be	24005
held in one of the participating townships or municipal	24006
corporations. ~~All members of the boards of township trustees of~~	24007
~~the participating townships constitute the joint township police~~	24008
~~district board.~~ Two-thirds of ~~all~~ the ~~township trustees of the~~	24009
~~participating townships~~joint police district board members	24010
constitutes a quorum. ~~Such~~The members of the ~~boards of township~~	24011
~~trustees~~joint police district board shall, at the organization	24012
meeting ~~of the joint township police district board~~, proceed with	24013
the election of a president, a secretary, and a treasurer, and	24014
such other officers as they consider necessary and proper, and	24015
shall transact such other business as properly comes before the	24016
board.	24017

(C) In the formation of ~~such~~ a joint police district, such	24018
action may be taken by or on behalf of part of a township, by	24019
excluding that portion of the township lying within a municipal	24020
corporation. The joint ~~township~~ police district board may exercise	24021
the same powers as are granted to a board of township trustees in	24022
the operation of a township police district under sections 505.49	24023
to 505.55 of the Revised Code, including, but not limited to, the	24024
power to employ, train, and discipline personnel, to acquire	24025
equipment and buildings, to levy a tax, to issue bonds and notes,	24026
and to dissolve the district.	24027

Sec. 505.483. A township or municipal corporation, or parts	24028
thereof, may join an existing joint police district by the	24029
adoption of a resolution by the township or of an ordinance by the	24030
municipal corporation requesting participation in the district and	24031
upon approval of the existing joint police district board.	24032

Sec. 505.484. The treasurer of the joint police district	24033
board, before entering upon the duties of that office, shall	24034
execute a bond payable to the state, in the amount and with surety	24035
to be approved by the joint police district board, conditioned for	24036
the faithful performance of all the official duties required by	24037
the treasurer. The bond shall be deposited with the president of	24038
the joint police district board, and a copy thereof, certified by	24039
the president, shall be filed with the county auditor.	24040

Sec. 505.49. (A) As used in this section, "felony" has the	24041
same meaning as in section 109.511 of the Revised Code.	24042

(B)(1) The township trustees of a township police district,	24043
by a two-thirds vote of the board, or a joint police district	24044
board, by majority vote of its members, may adopt rules necessary	24045
for the operation of the township or joint police district,	24046
including a determination of the qualifications of the chief of	24047
police, patrol officers, and others to serve as members of the	24048
district police force.	24049

(2) Except as otherwise provided in division (E) of this	24050
section and subject to division (D) of this section, the township	24051
trustees of a township police district, by a two-thirds vote of	24052
the board or the joint police district board, by majority vote of	24053
its members, shall appoint a chief of police for the district,	24054
determine the number of patrol officers and other personnel	24055
required by the district, and establish salary schedules and other	24056
conditions of employment for the employees of the township or	24057
joint police district. The chief of police of the district shall	24058
serve at the pleasure of the township trustees or the joint police	24059
district board and shall appoint patrol officers and other	24060
personnel that the district may require, subject to division (D)	24061
of this section and to the rules and limits as to qualifications,	24062
salary ranges, and numbers of personnel established by the board	24063
of township trustees or the joint police district board. The	24064
township trustees may include in the township police district and	24065
under the direction and control of the chief of police any	24066
constable appointed pursuant to section 509.01 of the Revised	24067
Code, or may designate the chief of police or any patrol officer	24068
appointed by the chief of police as a constable, as provided for	24069
in section 509.01 of the Revised Code, for the township police	24070
district.	24071

(3) Except as provided in division (D) of this section, a	24072
patrol officer, other police district employee, or police	24073
constable, who has been awarded a certificate attesting to the	24074
satisfactory completion of an approved state, county, or municipal	24075
police basic training program, as required by section 109.77 of	24076
the Revised Code, may be removed or suspended only under the	24077
conditions and by the procedures in sections 505.491 to 505.495 of	24078
the Revised Code. Any other patrol officer, police district	24079
employee, or police constable shall serve at the pleasure of the	24080
township trustees or joint police district board. In case of	24081
removal or suspension of an appointee by the board of township	24082
trustees of a township police district or the joint police	24083
district board, that appointee may appeal the decision of ~~the~~	24084
either board to the court of common pleas of the county in which	24085
the district is situated to determine the sufficiency of the cause	24086
of removal or suspension. The appointee shall take the appeal	24087
within ten days of written notice to the appointee of the decision	24088
of the board.	24089

(C)(1) Division (B) of this section does not apply to a	24090
township that has a population of ten thousand or more persons	24091
residing within the township and outside of any municipal	24092
corporation, that has its own police department employing ten or	24093
more full-time paid employees, and that has a civil service	24094
commission established under division (B) of section 124.40 of the	24095
Revised Code. The township shall comply with the procedures for	24096
the employment, promotion, and discharge of police personnel	24097
provided by Chapter 124. of the Revised Code, except as otherwise	24098
provided in divisions (C)(2) and (3) of this section.	24099

(2) The board of township trustees of the township may	24100
appoint the chief of police, and a person so appointed shall be in	24101
the unclassified service under section 124.11 of the Revised Code	24102
and shall serve at the pleasure of the board. A person appointed	24103
chief of police under these conditions who is removed by the board	24104
or who resigns from the position shall be entitled to return to	24105
the classified service in the township police department, in the	24106
position that person held previous to the person's appointment as	24107
chief of police.	24108

(3) The appointing authority of an urban township, as defined	24109
in section 504.01 of the Revised Code, may appoint to a vacant	24110
position any one of the three highest scorers on the eligible list	24111
for a promotional examination.	24112

(4) The board of township trustees of a township described in	24113
this division shall determine the number of personnel required and	24114
establish salary schedules and conditions of employment not in	24115
conflict with Chapter 124. of the Revised Code.	24116

(5) Persons employed as police personnel in a township	24117
described in this division on the date a civil service commission	24118
is appointed pursuant to division (B) of section 124.40 of the	24119
Revised Code, without being required to pass a competitive	24120
examination or a police training program, shall retain their	24121
employment and any rank previously granted them by action of the	24122
township trustees or otherwise, but those persons are eligible for	24123
promotion only by compliance with Chapter 124. of the Revised	24124
Code.	24125

(6) This division does not apply to constables appointed	24126
pursuant to section 509.01 of the Revised Code. This division is	24127
subject to division (D) of this section.	24128

(D)(1) The board of township trustees or a joint police	24129
district board shall not appoint or employ a person as a chief of	24130
police, and the chief of police shall not appoint or employ a	24131
person as a patrol officer or other peace officer of a township	24132
police district ~~or a~~, township police department, or joint police	24133
district on a permanent basis, on a temporary basis, for a	24134
probationary term, or on other than a permanent basis if the	24135
person previously has been convicted of or has pleaded guilty to a	24136
felony.	24137

(2)(a) The board of township trustees or joint police	24138
district board shall terminate the appointment or employment of a	24139
chief of police, patrol officer, or other peace officer of a	24140
township police district or, township police department, or joint	24141
police district who does either of the following:	24142

(i) Pleads guilty to a felony;

24143

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	24144
plea agreement as provided in division (D) of section 2929.43 of	24145
the Revised Code in which the chief of police, patrol officer, or	24146
other peace officer of a township police district or, township	24147
police department, or joint police district agrees to surrender	24148
the certificate awarded to that chief of police, patrol officer,	24149
or other peace officer under section 109.77 of the Revised Code.	24150

(b) The board shall suspend the appointment or employment of	24151
a chief of police, patrol officer, or other peace officer of a	24152
township police district or, township police department, or joint	24153
police district who is convicted, after trial, of a felony. If ~~the~~	24154
such chief of police, patrol officer, or other peace officer ~~of a~~	24155
~~township police district or township police department~~ files an	24156
appeal from that conviction and the conviction is upheld by the	24157
highest court to which the appeal is taken, or, if no timely	24158
appeal is filed, the board shall terminate the appointment or	24159
employment of that chief of police, patrol officer, or other peace	24160
officer. If the chief of police, patrol officer, or other peace	24161
officer of a township police district or, township police	24162
department, or joint police district files an appeal that results	24163
in that chief of police's, patrol officer's, or other peace	24164
officer's acquittal of the felony or conviction of a misdemeanor,	24165
or in the dismissal of the felony charge against the chief of	24166
police, patrol officer, or other peace officer, the board shall	24167
reinstate that chief of police, patrol officer, or other peace	24168
officer. A chief of police, patrol officer, or other peace officer	24169
~~of a township police district or township police department~~ who is	24170
reinstated under division (D)(2)(b) of this section shall not	24171
receive any back pay unless the conviction of that chief of	24172
police, patrol officer, or other peace officer of the felony was	24173
reversed on appeal, or the felony charge was dismissed, because	24174
the court found insufficient evidence to convict the chief of	24175
police, patrol officer, or other peace officer of the felony.	24176

(3) Division (D) of this section does not apply regarding an	24177
offense that was committed prior to January 1, 1997.	24178

(4) The suspension or termination of the appointment or	24179
employment of a chief of police, patrol officer, or other peace	24180
officer under division (D)(2) of this section shall be in	24181
accordance with Chapter 119. of the Revised Code.	24182

(E) The board of township trustees or the joint police	24183
district board may enter into a contract under section 505.43 or	24184
505.50 of the Revised Code to obtain all police protection for the	24185
township police district or joint police district from one or more	24186
municipal corporations, county sheriffs, or other townships. If	24187
the board enters into such a contract, subject to division (D) of	24188
this section, it may, but is not required to, appoint a police	24189
chief for the district.	24190

(F) The members of the police force of a township police	24191
district of a township, or of a joint police district board	24192
comprised of a township, that adopts the limited self-government	24193
form of township government shall serve as peace officers for the	24194
township territory included in the district.	24195

(G) A chief of police or patrol officer of a township police	24196
district, ~~or of a~~ township police department, or joint police	24197
district may participate, as the director of an organized crime	24198
task force established under section 177.02 of the Revised Code or	24199
as a member of the investigatory staff of that task force, in an	24200
investigation of organized criminal activity in any county or	24201
counties in this state under sections 177.01 to 177.03 of the	24202
Revised Code.	24203

Sec. 505.491. Except as provided in division (D) of section	24204
505.49 or in division (C) of section 509.01 of the Revised Code	24205
for a board of township trustees, and except as provided in	24206
division (D) of section 505.49 of the Revised Code for a joint	24207
police district board, if the board ~~of trustees of a township~~ has	24208
reason to believe that a chief of police, patrol officer, or other	24209
township or joint police district employee appointed under	24210
division (B) of section 505.49 of the Revised Code or a police	24211
constable appointed under division (B) of section 509.01 of the	24212
Revised Code has been guilty, in the performance of the official	24213
duty of that chief of police, patrol officer, other township or	24214
joint police district employee, or police constable, of bribery,	24215
misfeasance, malfeasance, nonfeasance, misconduct in office,	24216
neglect of duty, gross immorality, habitual drunkenness,	24217
incompetence, or failure to obey orders given that person by the	24218
proper authority, the board immediately shall file written charges	24219
against that person~~, setting~~. The written charges shall set forth	24220
in detail a statement of the alleged guilt and, at the same time,	24221
or as soon thereafter as possible, serve a true copy of those	24222
charges upon the person against whom they are made. The service	24223
may be made on the person or by leaving a copy of the charges at	24224
the office or residence of that person. Return of the service	24225
shall be made to the board in the same manner that is provided for	24226
the return of the service of summons in a civil action.	24227

Sec. 505.492. Charges filed by the board of township	24228
trustees or joint police district board under section 505.491 of	24229
the Revised Code shall be heard at the next regular meeting	24230
thereof, unless the board extends the time for the hearing, which	24231
shall be done only on the application of the accused. The accused	24232
may appear in person and by counsel, examine all witnesses, and	24233
answer all charges against ~~him~~the accused.	24234

Sec. 505.493. Pending any proceedings under sections 505.491	24235
and 505.492 of the Revised Code, an accused person may be	24236
suspended by the board of township trustees or joint police	24237
district board, but such suspension shall be for a period not	24238
longer than fifteen days, unless the hearing of such charges is	24239
extended upon the application of the accused, in which event the	24240
suspension shall not exceed thirty days.	24241

Sec. 505.494. For the purpose of investigating charges filed	24242
pursuant to section 505.491 of the Revised Code, the board of	24243
township trustees or joint police district board may issue	24244
subpoenas or compulsory process to compel the attendance of	24245
persons and the production of books and papers before it and	24246
provide by resolution for exercising and enforcing this section.	24247

Sec. 505.495. In all cases in which the attendance of	24248
witnesses may be compelled for an investigation, under section	24249
505.494 of the Revised Code, any member of the board of township	24250
trustees or of the joint police district board may administer the	24251
requisite oaths. The board has the same power to compel the giving	24252
of testimony by attending witnesses as is conferred upon courts.	24253
In all such cases, witnesses shall be entitled to the same	24254
privileges and immunities as are allowed witnesses in civil cases.	24255
Witnesses shall be paid the fees and mileage provided for under	24256
section 1901.26 of the Revised Code, and the costs of all such	24257
proceedings shall be payable from the general fund of the township	24258
or joint police district.	24259

Sec. 505.50. The board of township trustees of a township or	24260
of a township police district, or a joint police district board,	24261
may purchase, lease, lease with an option to purchase, or	24262
otherwise acquire any police apparatus, equipment, including a	24263
public communications system, or materials that the township or,	24264
township police district, or joint police district requires and	24265
may build, purchase, lease, or lease with an option to purchase	24266
any building or buildings and site of the building or buildings	24267
that are necessary for the police operations of the township or	24268
either district.	24269

The boards of trustees of any two or more contiguous	24270
townships, ~~may~~or the boards of township trustees of one or more	24271
contiguous townships and the legislative authorities of one or	24272
more contiguous municipal corporations, by joint agreement, may	24273
unite in the joint purchase, lease, lease with an option to	24274
purchase, maintenance, use, and operation of police equipment for	24275
any other police purpose designated in sections 505.48 to 505.55	24276
of the Revised Code, and to prorate the expense of that joint	24277
action on terms mutually agreed upon by the trustees in each	24278
affected township and the legislative authorities of each affected	24279
municipal corporation.	24280

The board of trustees of a township or of a township police	24281
district, or a joint police district board, may enter into a	24282
contract with one or more townships, a municipal corporation, a	24283
park district created pursuant to section 511.18 or 1545.01 of the	24284
Revised Code, or the county sheriff upon any terms that are	24285
mutually agreed upon for the provision of police protection	24286
services or additional police protection services either on a	24287
regular basis or for additional protection in times of emergency.	24288
The contract shall be agreed to in each instance by the respective	24289
board or boards of township trustees, the board of county	24290
commissioners, the board of park commissioners, the joint police	24291
district board, or the legislative authority of the municipal	24292
corporation involved. The contract may provide for a fixed annual	24293
charge to be paid at the time agreed upon in the contract.	24294

Chapter 2744. of the Revised Code, insofar as it is	24295
applicable to the operation of police departments, applies to the	24296
contracting political subdivisions and police department members	24297
when the members are serving outside their own political	24298
subdivision pursuant to such a contract. Police department members	24299
acting outside the political subdivision in which they are	24300
employed may participate in any pension or indemnity fund	24301
established by their employer and are entitled to all the rights	24302
and benefits of Chapter 4123. of the Revised Code, to the same	24303
extent as while performing services within the political	24304
subdivision.	24305

Sec. 505.51. The board of trustees of a township police	24306
district or a joint police district board may levy a tax upon all	24307
of the taxable property in the township police district or joint	24308
police district, respectively, pursuant to sections 5705.19 and	24309
5705.25 of the Revised Code to defray all or a portion of expenses	24310
of the district in providing police protection.	24311

Sec. 505.511. (A) A board of township trustees that operates	24312
a township police department or, the board of township trustees of	24313
a township police district, or a joint police district board may,	24314
after police constables, the township police, a law enforcement	24315
agency with which the township contracts for police services, the	24316
joint police district police, and the county sheriff or the	24317
sheriff's deputy have answered a combined total of three false	24318
alarms from the same commercial or residential security alarm	24319
system within the township in the same calendar year, cause the	24320
township fiscal officer to mail the manager of the commercial	24321
establishment or the occupant, lessee, agent, or tenant of the	24322
residence a bill for each subsequent false alarm from the same	24323
alarm system during that year, to defray the costs incurred. The	24324
bill's amount shall be as follows:	24325

(1) For the fourth false alarm of that year ..... $50.00;

24326

(2) For the fifth false alarm of that year ..... $100.00;

24327

(3) For all false alarms in that year occurring after the	24328
fifth false alarm ..... $150.00.	24329

If payment of the bill is not received within thirty days,	24330
the township fiscal officer or joint police district treasurer	24331
shall send a notice by certified mail to the manager and to the	24332
owner, if different, of the real estate of which the commercial	24333
establishment is a part, or to the occupant, lessee, agent, or	24334
tenant and to the owner, if different, of the real estate of which	24335
the residence is a part, indicating that failure to pay the bill	24336
within thirty days, or to show just cause why the bill should not	24337
be paid, will result in the assessment of a lien upon the real	24338
estate in the amount of the bill. If payment is not received	24339
within those thirty days or if just cause is not shown, the amount	24340
of the bill shall be entered upon the tax duplicate, shall be a	24341
lien upon the real estate from the date of the entry, and shall be	24342
collected as other taxes and returned to the township treasury to	24343
be earmarked for use for police services.	24344

The board of township trustees shall not cause the township	24345
fiscal officer, or the joint police district board shall not cause	24346
the joint police district treasurer, to send a bill pursuant to	24347
this division if a bill has already been sent pursuant to division	24348
(B) of this section for the same false alarm.	24349

(B) The county sheriff may, after the county sheriff or the	24350
sheriff's deputy, police constables, the township police, the	24351
joint police district police, and a law enforcement agency with	24352
which the township contracts for police services have answered a	24353
combined total of three false alarms from the same commercial or	24354
residential security alarm system within the unincorporated area	24355
of the county in the same calendar year, mail the manager of the	24356
commercial establishment or the occupant, lessee, agent, or tenant	24357
of the residence a bill for each subsequent false alarm from the	24358
same alarm system during that year, to defray the costs incurred.	24359
The bill's amount shall be as follows:	24360

(1) For the fourth false alarm of that year ..... $50.00;

24361

(2) For the fifth false alarm of that year ..... $100.00;

24362

(3) For all false alarms in that year occurring after the	24363
fifth false alarm ..... $150.00.	24364

If payment of the bill is not received within thirty days,	24365
the sheriff shall send a notice by certified mail to the manager	24366
and to the owner, if different, of the real estate of which the	24367
commercial establishment is a part, or to the occupant, lessee,	24368
agent, or tenant and to the owner, if different, of the real	24369
estate of which the residence is a part, indicating that failure	24370
to pay the bill within thirty days, or to show just cause why the	24371
bill should not be paid, will result in the assessment of a lien	24372
upon the real estate in the amount of the bill. If payment is not	24373
received within those thirty days or if just cause is not shown,	24374
the amount of the bill shall be entered upon the tax duplicate,	24375
shall be a lien upon the real estate from the date of the entry,	24376
and shall be collected as other taxes and returned to the county	24377
treasury.	24378

The sheriff shall not send a bill pursuant to this division	24379
if a bill has already been sent pursuant to division (A) of this	24380
section for the same false alarm.	24381

(C) As used in this section, "commercial establishment" has	24382
the same meaning as in section 505.391 of the Revised Code.	24383

Sec. 505.52. The board of trustees of a township police	24384
district or a joint police district board may issue bonds for the	24385
purpose of buying police equipment in the manner provided for in	24386
section 133.18 and pursuant to Chapter 133. of the Revised Code.	24387
The proceeds of the bonds issued under this section, other than	24388
any premium and accrued interest which is credited to the sinking	24389
fund, shall be placed in the township treasury or joint police	24390
district board treasury to the credit of a fund to be known as the	24391
"police equipment fund." Money from the police equipment fund	24392
shall be paid out only upon order of the township board of	24393
trustees of the township police district or of the joint police	24394
district board.	24395

Sec. 505.53. The board of trustees of a township police	24396
district or a joint police district board may issue notes for a	24397
period not to exceed three years for the purpose of buying police	24398
equipment or a building or site to house police equipment.	24399
One-third of the purchase price of the equipment, building, or	24400
site shall be paid at the time of purchase, and the remainder of	24401
the purchase price shall be covered by notes maturing in two and	24402
three years respectively. Notes may bear interest not to exceed	24403
the rate determined as provided in section 9.95 of the Revised	24404
Code, and shall not be subject to Chapter 133. of the Revised	24405
Code. Such notes shall be offered for sale on the open market or	24406
given to a vendor if no sale is made.	24407

Sec. 505.54. The board of trustees of the township or the	24408
joint police district board may, upon nomination by the chief of	24409
police, send one or more of the officers, ~~patrolmen~~patrol	24410
officers, or other employees of the township police district or	24411
the joint police district to a school of instruction designed to	24412
provide additional training or skills related to the employees	24413
work assignment in the district. The trustees may make advance	24414
tuition payments for any employee so nominated and may defray all	24415
or a portion of the employee's expenses while receiving this	24416
instruction.	24417

Sec. 505.541. (A) The board of township trustees or a joint	24418
police district board, respectively, may establish, by resolution,	24419
a parking enforcement unit within a township police district or	24420
within a joint police district, and provide for the regulation of	24421
parking enforcement officers. The chief of police of the district	24422
shall be the executive head of the parking enforcement unit, shall	24423
make all appointments and removals of parking enforcement	24424
officers, subject to any general rules prescribed by the board of	24425
township trustees by resolution or joint police district board, as	24426
appropriate, and shall prescribe rules for the organization,	24427
training, administration, control, and conduct of the parking	24428
enforcement unit. The chief of police may appoint parking	24429
enforcement officers who agree to serve for nominal compensation,	24430
and persons with physical disabilities may receive appointments as	24431
parking enforcement officers.	24432

(B) The authority of the parking enforcement officers shall	24433
be limited to the enforcement of section 4511.69 of the Revised	24434
Code and any other parking laws specified in the resolution	24435
creating the parking enforcement unit. Parking enforcement	24436
officers shall have no other powers.	24437

(C) The training the parking enforcement officers shall	24438
receive shall include instruction in general administrative rules	24439
and procedures governing the parking enforcement unit, the role of	24440
the judicial system as it relates to parking regulation and	24441
enforcement, proper techniques and methods relating to the	24442
enforcement of parking laws, human interaction skills, and first	24443
aid.	24444

Sec. 505.55. In the event that need for a township police	24445
district ceases to exist, the township trustees by a two-thirds	24446
vote of the board shall adopt a resolution specifying the date	24447
that the township police district shall cease to exist and provide	24448
for the disposal of all property belonging to the district by	24449
public sale. Such sale must be by public auction and upon notice	24450
thereof being published once a week for three weeks in a newspaper	24451
~~published, or~~ of general circulation in such township~~, the~~or as	24452
provided in section 7.16 of the Revised Code. The last of such	24453
publications toshall be made at least five days before the date	24454
of the sale. Any moneys remaining after the dissolution of the	24455
district or received from the public sale of property shall be	24456
paid into the treasury of the township and may be expended for any	24457
public purpose when duly authorized by the township board of	24458
trustees.	24459

Sec. 505.551. (A) Any township or municipal corporation may	24460
withdraw from a joint police district created under section	24461
505.482 of the Revised Code by adopting a resolution or an	24462
ordinance, respectively, ordering withdrawal. On or after the	24463
first day of January of the year following the adoption of the	24464
resolution or ordinance of withdrawal, the township or municipal	24465
corporation withdrawing ceases to be a part of the district, and	24466
the power of the district to levy a tax upon the taxable property	24467
in the withdrawing township or municipal corporation terminates,	24468
except that the district shall continue to levy and collect taxes	24469
for the payment of indebtedness within the territory of the	24470
district as it was comprised at the time the indebtedness was	24471
incurred.	24472

(B) Upon the withdrawal of any township or municipal	24473
corporation from a joint police district, the county auditor shall	24474
ascertain, apportion, and order a division of the funds on hand	24475
and moneys and taxes in the process of collection, except for	24476
taxes levied for the payment of indebtedness, credits, and real	24477
and personal property, either in money or in kind, on the basis of	24478
the valuation of the respective tax duplicates of the withdrawing	24479
township or municipal corporation and the remaining territory of	24480
the joint police district.	24481

(C) When the number of townships or municipal corporations	24482
comprising a joint police district is reduced to one, the joint	24483
police district ceases to exist by operation of law, and the	24484
funds, credits, and property remaining after apportionments to	24485
withdrawing townships or municipal corporations shall be assumed	24486
by the one remaining township or municipal corporation. When a	24487
joint police district ceases to exist and an indebtedness remains	24488
unpaid, the board of county commissioners shall continue to levy	24489
and collect taxes for the payment of that indebtedness within the	24490
territory of the joint police district as it was comprised at the	24491
time the indebtedness was incurred.	24492

Sec. 505.60. The following applies until the department of	24493
administrative services implements for townships the health care	24494
plans under section 9.901 of the Revised Code. If those plans do	24495
not include or address any benefits listed in division (A) of this	24496
section, the following provisions continue in effect for those	24497
benefits.	24498

(A) As provided in this section and section 505.601 of the	24499
Revised Code, the board of township trustees of any township may	24500
procure and pay all or any part of the cost of insurance policies	24501
that may provide benefits for hospitalization, surgical care,	24502
major medical care, disability, dental care, eye care, medical	24503
care, hearing aids, prescription drugs, or sickness and accident	24504
insurance, or a combination of any of the foregoing types of	24505
insurance for township officers and employees. The board of	24506
township trustees of any township may negotiate and contract for	24507
the purchase of a policy of long-term care insurance for township	24508
officers and employees pursuant to section 124.841 of the Revised	24509
Code.	24510

If the board procures any insurance policies under this	24511
section, the board shall provide uniform coverage under these	24512
policies for township officers and full-time township employees	24513
and their immediate dependents, and may provide coverage under	24514
these policies for part-time township employees and their	24515
immediate dependents, from the funds or budgets from which the	24516
officers or employees are compensated for services, such policies	24517
to be issued by an insurance company duly authorized to do	24518
business in this state.	24519

(B) The board may also provide coverage for any or all of the	24520
benefits described in division (A) of this section by entering	24521
into a contract for group health care services with health	24522
insuring corporations holding certificates of authority under	24523
Chapter 1751. of the Revised Code for township officers and	24524
employees and their immediate dependents. If the board so	24525
contracts, it shall provide uniform coverage under any such	24526
contracts for township officers and full-time township employees	24527
and their immediate dependents, from the funds or budgets from	24528
which the officers or employees are compensated for services, and	24529
may provide coverage under such contracts for part-time township	24530
employees and their immediate dependents, from the funds or	24531
budgets from which the officers or employees are compensated for	24532
services, provided that each officer and employee so covered is	24533
permitted to:	24534

(1) Choose between a plan offered by an insurance company and	24535
a plan offered by a health insuring corporation, and provided	24536
further that the officer or employee pays any amount by which the	24537
cost of the plan chosen exceeds the cost of the plan offered by	24538
the board under this section;	24539

(2) Change the choice made under this division at a time each	24540
year as determined in advance by the board.	24541

An addition of a class or change of definition of coverage to	24542
the plan offered under this division by the board may be made at	24543
any time that it is determined by the board to be in the best	24544
interest of the township. If the total cost to the township of the	24545
revised plan for any trustee's coverage does not exceed that cost	24546
under the plan in effect during the prior policy year, the	24547
revision of the plan does not cause an increase in that trustee's	24548
compensation.	24549

(C) Any township officer or employee may refuse to accept any	24550
coverage authorized by this section without affecting the	24551
availability of such coverage to other township officers and	24552
employees.	24553

(D) If any township officer or employee is denied coverage	24554
under a health care plan procured under this section or if any	24555
township officer or employee elects not to participate in the	24556
township's health care plan, the township may reimburse the	24557
officer or employee for each out-of-pocket premium attributable to	24558
the coverage provided for the officer or employee for insurance	24559
benefits described in division (A) of this section that the	24560
officer or employee otherwise obtains, but not to exceed an amount	24561
equal to the average premium paid by the township for its officers	24562
and employees under any health care plan it procures under this	24563
section.	24564

(E) The board may provide the benefits authorized under this	24565
section, without competitive bidding, by contributing to a health	24566
and welfare trust fund administered through or in conjunction with	24567
a collective bargaining representative of the township employees.	24568

The board may also provide the benefits described in this	24569
section through an individual self-insurance program or a joint	24570
self-insurance program as provided in section 9.833 of the Revised	24571
Code.	24572

(F) If a board of township trustees fails to pay one or more	24573
premiums for a policy, contract, or plan of insurance or health	24574
care services authorized under this section and the failure causes	24575
a lapse, cancellation, or other termination of coverage under the	24576
policy, contract, or plan, it may reimburse a township officer or	24577
employee for, or pay on behalf of the officer or employee, any	24578
expenses incurred that would have been covered under the policy,	24579
contract, or plan.	24580

(G) As used in this section and section 505.601 of the	24581
Revised Code:	24582

(1) "Part-time township employee" means a township employee	24583
who is hired with the expectation that the employee will work not	24584
more than one thousand five hundred hours in any year.	24585

(2) "Premium" does not include any deductible or health care	24586
costs paid directly by a township officer or employee.	24587

Sec. 505.601. The following applies until the department of	24588
administrative services implements for townships the health care	24589
plans under section 9.901 of the Revised Code.	24590

If a board of township trustees does not procure an insurance	24591
policy or group health care services as provided in section 505.60	24592
of the Revised Code, the board of township trustees may reimburse	24593
any township officer or employee for each out-of-pocket premium	24594
attributable to the coverage provided for that officer or employee	24595
for insurance benefits described in division (A) of section 505.60	24596
of the Revised Code that the officer or employee otherwise	24597
obtains, if all of the following conditions are met:	24598

(A) The board of township trustees adopts a resolution that	24599
states that the township has chosen not to procure a health care	24600
plan under section 505.60 of the Revised Code and has chosen	24601
instead to reimburse its officers and employees for each	24602
out-of-pocket premium attributable to the coverage provided for	24603
them for insurance benefits described in division (A) of section	24604
505.60 of the Revised Code that they otherwise obtain.	24605

(B) That resolution provides for a uniform maximum monthly or	24606
yearly payment amount for each officer or employee to cover	24607
themselves and their immediate dependents, beyond which the	24608
township will not reimburse the officer or employee.	24609

(C) That resolution states the specific benefits listed in	24610
division (A) of section 505.60 of the Revised Code for which the	24611
township will reimburse all officers and employees of the	24612
township. The township may not reimburse officers and employees	24613
for benefits other than those listed in division (A) of section	24614
505.60 of the Revised Code.	24615

Sec. 505.603. The following applies until the department of	24616
administrative services implements for townships the health care	24617
plans under section 9.901 of the Revised Code. If those plans do	24618
not include or address any benefits incorporated in this section,	24619
the following provisions continue in effect for those benefits.	24620

In addition to or in lieu of providing benefits to township	24621
officers and employees under section 505.60, 505.601, or 505.602	24622
of the Revised Code, a board of township trustees may offer	24623
benefits to officers and employees through a cafeteria plan that	24624
meets the requirements of section 125 of the "Internal Revenue	24625
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, after	24626
first adopting a policy authorizing an officer or employee to	24627
receive a cash payment in lieu of a benefit otherwise offered to	24628
township officers or employees under any of those sections, but	24629
only if the cash payment does not exceed twenty-five per cent of	24630
the cost of premiums or payments that otherwise would be paid by	24631
the board for benefits for the officer or employee under an	24632
offered policy, contract, or plan. No cash payment in lieu of a	24633
benefit shall be made pursuant to this section unless the officer	24634
or employee signs a statement affirming that the officer or	24635
employee is covered under another health insurance or health care	24636
policy, contract, or plan in the case of a health benefit, or a	24637
life insurance policy in the case of a life insurance benefit, and	24638
setting forth the name of the employer, if any, that sponsors the	24639
coverage, the name of the carrier that provides the coverage, and	24640
an identifying number of the applicable policy, contract, or plan.	24641

Sec. 505.61. A board of township trustees may purchase a	24642
policy or policies of insurance to indemnify township constables	24643
appointed under Chapter 509. of the Revised Code or the chief of	24644
police, ~~patrolmen~~patrol officers, and other employees of a	24645
township police district established under sections 505.48 to	24646
505.55 of the Revised Code against liability arising from the	24647
performance of their official duties.	24648

A joint police district board may purchase a policy or	24649
policies of insurance to indemnify the chief of police, patrol	24650
officers, and other employees of a joint police district	24651
established under section 505.482 of the Revised Code against	24652
liability arising from the performance of their duties.	24653

Sec. 505.67. (A) If the board of county commissioners of the	24654
county in which a township is located has not established a motor	24655
vehicle decal registration program under section 311.31 of the	24656
Revised Code, the board of township trustees may establish, by	24657
resolution, a voluntary motor vehicle decal registration program	24658
to be controlled and conducted by the chief law enforcement	24659
officer of the township within the unincorporated areas of the	24660
township. The board may establish a fee for participation in the	24661
program in an amount sufficient to cover the cost of administering	24662
the program and the cost of the decals.	24663

(B) Any resident of the township may enroll a motor vehicle	24664
that hethe resident owns in the program by signing a consent	24665
form, displaying the decal issued under this section, and paying	24666
the prescribed fee. The motor vehicle owner shall remove the decal	24667
to withdraw from the program and also prior to the sale or	24668
transfer of ownership of the vehicle. Any law enforcement officer	24669
may conduct, at any place within this state at which the officer	24670
would be permitted to arrest the person operating the vehicle, an	24671
investigatory stop of any motor vehicle displaying a decal issued	24672
under this section when the vehicle is being driven between the	24673
hours of one a.m. and five a.m. A law enforcement officer may	24674
conduct an investigatory stop under this division regardless of	24675
whether the officer observes a violation of law involving the	24676
vehicle or whether hethe officer has probable cause to believe	24677
that any violation of law involving the vehicle has occurred.	24678

(C) The consent form required under division (B) of this	24679
section shall:	24680

(1) Describe the conditions for participation in the program,	24681
including a description of an investigatory stop and a statement	24682
that any law enforcement officer may conduct, at any place within	24683
this state at which the officer would be permitted to arrest the	24684
person operating the vehicle, an investigatory stop of the motor	24685
vehicle when it is being driven between the hours of one a.m. and	24686
five a.m.	24687

(2) Contain other information identifying the vehicle and	24688
owner as the chief law enforcement officer of the township	24689
considers necessary.	24690

(D) The state director of public safety, in accordance with	24691
Chapter 119. of the Revised Code, shall adopt rules governing the	24692
color, size, and design of decals issued under this section and	24693
the location where the decals shall be displayed on vehicles that	24694
are enrolled in the program.	24695

(E) Divisions (A) to (D) of this section do not require a law	24696
enforcement officer to conduct an investigatory stop of a vehicle	24697
displaying a decal issued under this section.	24698

(F) As used in this section:

24699

(1) "Investigatory stop" means a temporary stop of a motor	24700
vehicle and its operator and occupants for purposes of determining	24701
the identity of the person who is operating the vehicle and, if	24702
the person who is operating it is not its owner, whether any	24703
violation of law has occurred or is occurring. An "investigatory	24704
stop" is not an arrest, but, if an officer who conducts an	24705
investigatory stop determines that illegal conduct has occurred or	24706
is ~~occuring~~occurring, an "investigatory stop" may be the basis	24707
for an arrest.	24708

(2) "Law enforcement officer" means a sheriff, deputy	24709
sheriff, constable, police officer of a township or joint ~~township~~	24710
police district, marshal, deputy marshal, municipal police	24711
officer, or state highway patrol trooper.	24712

Sec. 505.73. (A) The board of township trustees may, by	24713
resolution, adopt by incorporation by reference, administer, and	24714
enforce within the unincorporated area of the township an existing	24715
structures code pertaining to the repair and continued maintenance	24716
of structures and the premises of those structures. For that	24717
purpose, the board shall adopt any model or standard code prepared	24718
and promulgated by this state, any department, board, or agency of	24719
this state, or any public or private organization that publishes a	24720
recognized model or standard code on the subject. The board shall	24721
ensure that the code adopted governs subject matter not addressed	24722
by the state residential building code and that it is fully	24723
compatible with the state residential and nonresidential building	24724
codes the board of building standards adopts pursuant to section	24725
3781.10 of the Revised Code.	24726

(B) The board shall assign the duties of administering and	24727
enforcing the existing structures code to a township officer or	24728
employee who is trained and qualified for those duties and shall	24729
establish by resolution the minimum qualifications necessary to	24730
perform those duties.	24731

(C)(1) After the board adopts an existing structures code,	24732
the township fiscal officer shall post a notice that clearly	24733
identifies the code, states the code's purpose, and states that a	24734
complete copy of the code is on file for inspection by the public	24735
with the fiscal officer and in the county law library and that the	24736
fiscal officer has copies available for distribution to the public	24737
at cost.	24738

(2) The township fiscal officer shall post the notice in five	24739
conspicuous places in the township for thirty days before the code	24740
becomes effective and shall publish the notice in a newspaper of	24741
general circulation in the township for three consecutive weeks or	24742
as provided in section 7.16 of the Revised Code. If the adopting	24743
township amends or deletes any provision of the code, the notice	24744
shall contain a brief summary of the deletion or amendment.	24745

(D) If the agency that originally promulgated or published	24746
the existing structures code amends the code, the board may adopt	24747
the amendment or change by incorporation by reference in the	24748
manner provided for the adoption of the original code.	24749

Sec. 507.09. (A) Except as otherwise provided in division	24750
(D) of this section, the township fiscal officer shall be entitled	24751
to compensation as follows:	24752

(1) In townships having a budget of fifty thousand dollars or	24753
less, three thousand five hundred dollars;	24754

(2) In townships having a budget of more than fifty thousand	24755
but not more than one hundred thousand dollars, five thousand five	24756
hundred dollars;	24757

(3) In townships having a budget of more than one hundred	24758
thousand but not more than two hundred fifty thousand dollars,	24759
seven thousand seven hundred dollars;	24760

(4) In townships having a budget of more than two hundred	24761
fifty thousand but not more than five hundred thousand dollars,	24762
nine thousand nine hundred dollars;	24763

(5) In townships having a budget of more than five hundred	24764
thousand but not more than seven hundred fifty thousand dollars,	24765
eleven thousand dollars;	24766

(6) In townships having a budget of more than seven hundred	24767
fifty thousand but not more than one million five hundred thousand	24768
dollars, thirteen thousand two hundred dollars;	24769

(7) In townships having a budget of more than one million	24770
five hundred thousand but not more than three million five hundred	24771
thousand dollars, fifteen thousand four hundred dollars;	24772

(8) In townships having a budget of more than three million	24773
five hundred thousand dollars but not more than six million	24774
dollars, sixteen thousand five hundred dollars;	24775

(9) In townships having a budget of more than six million	24776
dollars, seventeen thousand six hundred dollars.	24777

(B) Any township fiscal officer may elect to receive less	24778
than the compensation the fiscal officer is entitled to under	24779
division (A) of this section. Any township fiscal officer electing	24780
to do this shall so notify the board of township trustees in	24781
writing, and the board shall include this notice in the minutes of	24782
its next board meeting.	24783

(C) The compensation of the township fiscal officer shall be	24784
paid in equal monthly payments. If the office of township fiscal	24785
officer is held by more than one person during any calendar year,	24786
each person holding the office shall receive payments for only	24787
those months, and any fractions of those months, during which the	24788
person holds the office.	24789

A township fiscal officer may be compensated from the	24790
township general fund or from other township funds based on the	24791
proportion of time the township fiscal officer spends providing	24792
services related to each fund. A township fiscal officer must	24793
document the amount of time the township fiscal officer spends	24794
providing services related to each fund by certification	24795
specifying the percentage of time spent working on matters to be	24796
paid from the township general fund or from other township funds	24797
in such proportions as the kinds of services performed.	24798

(D) Beginning in calendar year 1999, the township fiscal	24799
officer shall be entitled to compensation as follows:	24800

(1) In calendar year 1999, the compensation specified in	24801
division (A) of this section increased by three per cent;	24802

(2) In calendar year 2000, the compensation determined under	24803
division (D)(1) of this section increased by three per cent;	24804

(3) In calendar year 2001, the compensation determined under	24805
division (D)(2) of this section increased by three per cent;	24806

(4) In calendar year 2002, except in townships having a	24807
budget of more than six million dollars, the compensation	24808
determined under division (D)(3) of this section increased by	24809
three per cent; in townships having a budget of more than six	24810
million but not more than ten million dollars, nineteen thousand	24811
eight hundred ten dollars; and in townships having a budget of	24812
more than ten million dollars, twenty thousand nine hundred	24813
dollars;	24814

(5) In calendar year 2003, the compensation determined under	24815
division (D)(4) of this section increased by three per cent or the	24816
percentage increase in the consumer price index as described in	24817
division (D)(7)(b) of this section, whichever percentage is lower;	24818

(6) In calendar year 2004, except in townships having a	24819
budget of more than six million dollars, the compensation	24820
determined under division (D)(5) of this section for the calendar	24821
year 2003 increased by three per cent or the percentage increase	24822
in the consumer price index as described in division (D)(7)(b) of	24823
this section, whichever percentage is lower; in townships having a	24824
budget of more than six million but not more than ten million	24825
dollars, twenty-two thousand eighty-seven dollars; and in	24826
townships having a budget of more than ten million dollars,	24827
twenty-five thousand five hundred fifty-three dollars;	24828

(7) In calendar years 2005 through 2008, the compensation	24829
determined under division (D) of this section for the immediately	24830
preceding calendar year increased by the lesser of the following:	24831

(a) Three per cent;

24832

(b) The percentage increase, if any, in the consumer price	24833
index over the twelve-month period that ends on the thirtieth day	24834
of September of the immediately preceding calendar year, rounded	24835
to the nearest one-tenth of one per cent;	24836

(8) In calendar year 2009 and thereafter, the amount	24837
determined under division (D) of this section for calendar year	24838
2008.	24839

As used in this division, "consumer price index" has the same	24840
meaning as in section 325.18 of the Revised Code.	24841

Sec. 509.15. The following fees and expenses shall be taxed	24842
as costs, collected from the judgment debtor, and paid to the	24843
general fund of the appropriate township or district as	24844
compensation due for services rendered by township constables or	24845
members of the police force of a township police district or joint	24846
police district:	24847

(A) Serving and making return of each of the following:

24848

(1) Order to commit to jail, order on jailer for prisoner, or	24849
order of ejectment, including copies to complete service, one	24850
dollar for each defendant named therein;	24851

(2) Search warrant or warrant of arrest, for each person	24852
named in the writ, five dollars;	24853

(3) Writ of attachment of property, except for purpose of	24854
garnishment, twenty dollars;	24855

(4) Writ of attachment for the purpose of garnishment, five	24856
dollars;	24857

(5) Writ of possession or restitution, twenty dollars;

24858

(6) Attachment for contempt, for each person named in the	24859
writ, three dollars;	24860

(7) Writ of replevin, twenty dollars;

24861

(8) Summons and writs, subpoena, venire, and notice to	24862
garnishee, including copies to complete service, three dollars for	24863
each person named therein;	24864

(9) Execution against property or person, eighty cents, and	24865
six per cent of all money thus collected;	24866

(10) Any other writ, order, or notice required by law, for	24867
each person named therein, including copies to complete service,	24868
three dollars for the first name and fifty cents for each	24869
additional name.	24870

(B) Mileage for the distance actually and necessarily	24871
traveled in serving and returning any of the preceding writs,	24872
orders, and notices, fifty cents for the first mile and for each	24873
additional mile, twenty cents;	24874

(C) For attending a criminal case during the trial or hearing	24875
and having charge of prisoners, each case, two dollars and fifty	24876
cents, but, when so acting, such constable shall not be entitled	24877
to a witness fee if called upon to testify;	24878

(D) For attending civil court during a jury trial, each case,	24879
two dollars;	24880

(E) For attending civil court during a trial without jury,	24881
each case, one dollar and fifty cents;	24882

(F) The actual amount paid solely for the transportation,	24883
meals, and lodging of prisoners, and for the moving and storage of	24884
goods and the care of animals taken on any legal process, such	24885
expense shall be specifically itemized on the back of the writs	24886
and sworn to;	24887

(G) For summoning and swearing appraisers, each case, two	24888
dollars;	24889

(H) For advertising property for sale, by posting, taken on	24890
any legal process, one dollar;	24891

(I) For taking and making return of any bond required by law,	24892
eighty cents.	24893

Notwithstanding anything to the contrary in this section, if	24894
any comparable fee or expense specified under section 311.17 of	24895
the Revised Code is increased to an amount greater than that set	24896
forth in this section, the board of township trustees, board of	24897
trustees of the township police district, or joint ~~township~~ police	24898
district board, as appropriate, may require that the amount taxed	24899
as costs under this section equal the amount specified under	24900
section 311.17 of the Revised Code.	24901

Sec. 511.01. If, in a township, a town hall is to be built,	24902
improved, enlarged, or removed at a cost greater than ~~ten~~fifty	24903
thousand dollars, the board of township trustees shall submit the	24904
question to the electors of such township and shall certify their	24905
resolution to the board of elections not later than four p.m. of	24906
the ninetieth day before the day of the election.	24907

Sec. 511.12. The board of township trustees may prepare	24908
plans and specifications and make contracts for the construction	24909
and erection of a memorial building, monument, statue, or	24910
memorial, for the purposes specified and within the amount	24911
authorized by section 511.08 of the Revised Code. If the total	24912
estimated cost of the construction and erection exceeds	24913
~~twenty-five~~fifty thousand dollars, the contract shall be let by	24914
competitive bidding. If the estimated cost is ~~twenty-five~~fifty	24915
thousand dollars or less, competitive bidding may be required at	24916
the board's discretion. In making contracts under this section,	24917
the board shall be governed as follows:	24918

(A) Contracts for construction when competitive bidding is	24919
required shall be based upon detailed plans, specifications, forms	24920
of bids, and estimates of cost, adopted by the board.	24921

(B) Contracts shall be made in writing upon concurrence of a	24922
majority of the members of the board, and shall be signed by at	24923
least two of the members and by the contractor. If competitive	24924
bidding is required, no contract shall be made or signed until an	24925
advertisement has been placed in a newspaper, published or of	24926
general circulation in the township, at least twice. The board may	24927
also cause notice to be inserted in trade papers or other	24928
publications designated by it or to be distributed by electronic	24929
means, including posting the notice on the board's internet web	24930
site. If the board posts the notice on its web site, it may	24931
eliminate the second notice otherwise required to be published in	24932
a newspaper published or of general circulation in the township,	24933
provided that the first notice published in such newspaper meets	24934
all of the following requirements:	24935

(1) It is published at least two weeks before the opening of	24936
bids.	24937

(2) It includes a statement that the notice is posted on the	24938
board's internet web site.	24939

(3) It includes the internet address of the board's internet	24940
web site.	24941

(4) It includes instructions describing how the notice may be	24942
accessed on the board's internet web site.	24943

(C) No contract shall be let by competitive bidding except to	24944
the lowest and best bidder, who shall meet the requirements of	24945
section 153.54 of the Revised Code.	24946

(D) When, in the opinion of the board, it becomes necessary	24947
in the prosecution of such work to make alterations or	24948
modifications in any contract, the alterations or modifications	24949
shall be made only by order of the board, and that order shall be	24950
of no effect until the price to be paid for the work or materials	24951
under the altered or modified contract has been agreed upon in	24952
writing and signed by the contractor and at least two members of	24953
the board.	24954

(E) No contract or alteration or modification of it shall be	24955
valid unless made in the manner provided in this section.	24956

Sec. 511.23. (A) When the vote under section 511.22 of the	24957
Revised Code is in favor of establishing one or more public parks,	24958
the board of park commissioners shall constitute a board, to be	24959
called the board of park commissioners of that township park	24960
district, and they shall be a body politic and corporate. Their	24961
office is not a township office within the meaning of section	24962
703.22 of the Revised Code but is an office of the township park	24963
district. The members of the board shall serve without	24964
compensation but shall be allowed their actual and necessary	24965
expenses incurred in the performance of their duties.	24966

(B) The board may locate, establish, improve, maintain, and	24967
operate a public park or parks in accordance with division (B) of	24968
section 511.18 of the Revised Code, with or without recreational	24969
facilities. Any township park district that contains only	24970
unincorporated territory and that operated a public park or parks	24971
outside the township immediately prior to July 18, 1990, may	24972
continue to improve, maintain, and operate these parks outside the	24973
township, but further acquisitions of land shall not affect the	24974
boundaries of the park district itself or the appointing authority	24975
for the board of park commissioners.	24976

The board may lease, accept a conveyance of, or purchase	24977
suitable lands for cash, by purchase by installment payments with	24978
or without a mortgage, by lease or lease-purchase agreements, or	24979
by lease with option to purchase, may acquire suitable lands	24980
through an exchange under section 511.241 of the Revised Code, or	24981
may appropriate suitable lands and materials for park district	24982
purposes. The board also may lease facilities from other political	24983
subdivisions or private sources. The board shall have careful	24984
surveys and plats made of the lands acquired for park district	24985
purposes and shall establish permanent monuments on the boundaries	24986
of the lands. Those plats, when executed according to sections	24987
711.01 to 711.38 of the Revised Code, shall be recorded in the	24988
office of the county recorder, and those records shall be	24989
admissible in evidence for the purpose of locating and	24990
ascertaining the true boundaries of the park or parks.	24991

(C) In furtherance of the use and enjoyment of the lands	24992
controlled by it, the board may accept donations of money or other	24993
property or act as trustees of land, money, or other property, and	24994
may use and administer the land, money, or other property as	24995
stipulated by the donor or as provided in the trust agreement.	24996

The board may receive and expend grants for park purposes	24997
from agencies and instrumentalities of the United States and this	24998
state and may enter into contracts or agreements with those	24999
agencies and instrumentalities to carry out the purposes for which	25000
the grants were furnished.	25001

(D) In exercising any powers conferred upon the board under	25002
divisions (B) and (C) of this section and for other types of	25003
assistance that the board finds necessary in carrying out its	25004
duties, the board may hire and contract for professional,	25005
technical, consulting, and other special services and may purchase	25006
goods and award contracts. The procuring of goods and awarding of	25007
contracts shall be done in accordance with the procedures	25008
established for the board of county commissioners by sections	25009
307.86 to 307.91 of the Revised Code.	25010

(E) The board may appoint an executive for the park or parks	25011
and may designate the executive or another person as the clerk of	25012
the board. It may appoint all other necessary officers and	25013
employees, fix their compensation, and prescribe their duties, or	25014
it may require the executive to appoint all other necessary	25015
officers and employees, and to fix their compensation and	25016
prescribe their duties, in accordance with guidelines and policies	25017
adopted by the board.	25018

(F) The board may adopt bylaws and rules that it considers	25019
advisable for the following purposes:	25020

(1) To prohibit selling, giving away, or using any	25021
intoxicating liquors in the park or parks;	25022

(2) For the government and control of the park or parks and	25023
the operation of motor vehicles in the park or parks;	25024

(3) To provide for the protection and preservation of all	25025
property and natural life within its jurisdiction.	25026

Before the bylaws and rules take effect, the board shall	25027
provide for a notice of their adoption to be published once a week	25028
for two consecutive weeks or as provided in section 7.16 of the	25029
Revised Code, in a newspaper of general circulation in the county	25030
within which the park district is located.	25031

No person shall violate any of the bylaws or rules. Fines	25032
levied and collected for violations shall be paid into the	25033
treasury of the township park district. The board may use moneys	25034
collected from those fines for any purpose that is not	25035
inconsistent with sections 511.18 to 511.37 of the Revised Code.	25036

(G) The board may do either of the following:

25037

(1) Establish and charge fees for the use of any facilities	25038
and services of the park or parks regardless of whether the park	25039
or parks were acquired before, on, or after ~~the effective date of~~	25040
~~this amendment~~September 21, 2000;	25041

(2) Enter into a lease agreement with an individual or	25042
organization that provides for the exclusive use of a specified	25043
portion of the park or parks within the township park district by	25044
that individual or organization for the duration of an event	25045
produced by the individual or organization. The board, for the	25046
specific portion of the park or parks covered by the lease	25047
agreement, may charge a fee to, or permit the individual or	25048
organization to charge a fee to, participants in and spectators at	25049
the event covered by the agreement.	25050

(H) If the board finds that real or personal property owned	25051
by the township park district is not currently needed for park	25052
purposes, the board may lease that property to other persons or	25053
organizations during any period of time the board determines the	25054
property will not be needed. If the board finds that competitive	25055
bidding on a lease is not feasible, it may lease the property	25056
without taking bids.	25057

(I) The board may exchange property owned by the township	25058
park district for property owned by the state, another political	25059
subdivision, or the federal government on terms that it considers	25060
desirable, without the necessity of competitive bidding.	25061

(J) Any rights or duties established under this section may	25062
be modified, shared, or assigned by an agreement pursuant to	25063
section 755.16 of the Revised Code.	25064

Sec. 511.235. The board of park commissioners of a township	25065
park district may enter into contracts with one or more townships,	25066
township police districts, joint police districts, municipal	25067
corporations, or county sheriffs of this state, with one or more	25068
park districts created pursuant to section 1545.01 of the Revised	25069
Code or other township park districts, or with a contiguous	25070
political subdivision of an adjoining state, and a township,	25071
township police district, joint police district board, municipal	25072
corporation, county sheriff, park district, or other township park	25073
district of this state may enter into a contract with a township	25074
park district upon any terms that are agreed to by them, to allow	25075
the use of the township park district law enforcement officers	25076
designated under section 511.232 of the Revised Code to perform	25077
any police function, exercise any police power, or render any	25078
police service in behalf of the contracting political subdivision	25079
that the subdivision may perform, exercise, or render.	25080

Chapter 2744. of the Revised Code, insofar as it applies to	25081
the operation of police departments, shall apply to the	25082
contracting political subdivisions and to the members of their	25083
police force or law enforcement department when they are rendering	25084
service outside their own subdivisions pursuant to that contract.	25085

Any members of the police force or law enforcement department	25086
acting pursuant to that contract outside the political subdivision	25087
in which they are employed shall be entitled to participate in any	25088
indemnity fund established by their employer to the same extent as	25089
while acting within the employing subdivision. Those members shall	25090
be entitled to all the rights and benefits of Chapter 4123. of the	25091
Revised Code, to the same extent as while performing service	25092
within the subdivision.	25093

The contracts entered into pursuant to this section may	25094
provide for the following:	25095

(A) A fixed annual charge to be paid at the times agreed upon	25096
and stipulated in the contract;	25097

(B) Compensation based upon the following:

25098

(1) A stipulated price for each call or emergency;

25099

(2) The number of members or pieces of equipment employed;

25100

(3) The elapsed time of service required in each call or	25101
emergency.	25102

(C) Compensation for loss or damage to equipment while	25103
engaged in rendering police services outside the limits of the	25104
subdivision that owns and furnishes the equipment;	25105

(D) Reimbursement of the subdivision in which the police	25106
force or law enforcement department members are employed, for any	25107
indemnity award or premium contribution assessed against the	25108
employing subdivision for workers' compensation benefits for	25109
injuries or death to members of its police force or law	25110
enforcement department occurring while engaged in rendering	25111
service pursuant to the contract.	25112

Sec. 511.236. The police force or law enforcement department	25113
of any township park district may provide police protection to any	25114
county, municipal corporation, township, or township police	25115
district, or joint police district of this state, to any other	25116
township park district or any park district created pursuant to	25117
section 1545.01 of the Revised Code, or to a governmental entity	25118
of an adjoining state without a contract to provide police	25119
protection, upon the approval, by resolution, of the board of park	25120
commissioners of the township park district in which the police	25121
force or law enforcement department is located and upon	25122
authorization by an officer or employee of the police force or	25123
department providing the police protection who is designated by	25124
title of office or position, pursuant to the resolution of the	25125
board of park commissioners, to give the authorization.	25126

Chapter 2744. of the Revised Code, insofar as it applies to	25127
the operation of police departments, shall apply to any township	25128
park district and to members of its police force or law	25129
enforcement department when those members are rendering police	25130
services pursuant to this section outside the township park	25131
district by which they are employed.	25132

Police force or law enforcement department members acting, as	25133
provided in this section, outside the township park district by	25134
which they are employed shall be entitled to participate in any	25135
pension or indemnity fund established by their employer to the	25136
same extent as while acting within the township park district by	25137
which they are employed. Those members shall be entitled to all	25138
rights and benefits of Chapter 4123. of the Revised Code to the	25139
same extent as while performing services within the township park	25140
district by which they are employed.	25141

Sec. 511.25. If the board of park commissioners of a	25142
township park district finds that any lands that the board has	25143
acquired are not necessary for the purposes for which they were	25144
acquired, it may sell and dispose of those lands upon terms that	25145
the board considers advisable and may reject any purchase bid	25146
received under this section that the board determines does not	25147
meet its terms for sale.	25148

Except as otherwise provided in this section, no lands shall	25149
be sold without first giving notice of the board's intention to	25150
sell the lands by publication once a week for four consecutive	25151
weeks in a newspaper of general circulation in the township or as	25152
provided in section 7.16 of the Revised Code. The notice shall	25153
contain an accurate description of the lands being offered for	25154
sale and shall state the time and place at which sealed bids for	25155
the lands will be received. If the board rejects all of the	25156
purchase bids, it may reoffer the lands for sale in accordance	25157
with this section.	25158

The board also may sell park lands not necessary for district	25159
purposes to another political subdivision, the state, or the	25160
federal government without giving the notices or taking bids as	25161
otherwise required by this section.	25162

No lands acquired by a township park district may be sold	25163
without the approval of the court of common pleas of the county in	25164
which the park district is located, if the court appointed the	25165
board under section 511.18 of the Revised Code, or the approval of	25166
the board of township trustees, if the board of township trustees	25167
appointed the board of park commissioners under section 511.18 of	25168
the Revised Code.	25169

Sec. 511.28. A copy of any resolution for a tax levy adopted	25170
by the township board of park commissioners as provided in section	25171
511.27 of the Revised Code shall be certified by the clerk of the	25172
board of park commissioners to the board of elections of the	25173
proper county, together with a certified copy of the resolution	25174
approving the levy, passed by the board of township trustees if	25175
such a resolution is required by division (C) of section 511.27 of	25176
the Revised Code, not less than ninety days before a general or	25177
primary election in any year. The board of elections shall submit	25178
the proposal to the electors as provided in section 511.27 of the	25179
Revised Code at the succeeding general or primary election. A	25180
resolution to renew an existing levy may not be placed on the	25181
ballot unless the question is submitted at the general election	25182
held during the last year the tax to be renewed may be extended on	25183
the real and public utility property tax list and duplicate, or at	25184
any election held in the ensuing year. The board of park	25185
commissioners shall cause notice that the vote will be taken to be	25186
published once a week for two consecutive weeks prior to the	25187
election in a newspaper of general circulation, or as provided in	25188
section 7.16 of the Revised Code, in the county within which the	25189
park district is located. Additionally, if the board of elections	25190
operates and maintains a web site, the board of elections shall	25191
post that notice on its web site for thirty days prior to the	25192
election. The notice shall state the purpose of the proposed levy,	25193
the annual rate proposed expressed in dollars and cents for each	25194
one hundred dollars of valuation as well as in mills for each one	25195
dollar of valuation, the number of consecutive years during which	25196
the levy shall be in effect, and the time and place of the	25197
election.	25198

The form of the ballots cast at the election shall be: "An	25199
additional tax for the benefit of (name of township park district)	25200
.......... for the purpose of (purpose stated in the order of the	25201
board) .......... at a rate not exceeding .......... mills for	25202
each one dollar of valuation, which amounts to (rate expressed in	25203
dollars and cents) .......... for each one hundred dollars of	25204
valuation, for (number of years the levy is to run) ..........	25205

25206

		FOR THE TAX LEVY			25207
		AGAINST THE TAX LEVY	"		25208

25209

If the levy submitted is a proposal to renew, increase, or	25210
decrease an existing levy, the form of the ballot specified in	25211
this section may be changed by substituting for the words "An	25212
additional" at the beginning of the form, the words "A renewal of	25213
a" in the case of a proposal to renew an existing levy in the same	25214
amount; the words "A renewal of .......... mills and an increase	25215
of .......... mills to constitute a" in the case of an increase;	25216
or the words "A renewal of part of an existing levy, being a	25217
reduction of .......... mills, to constitute a" in the case of a	25218
decrease in the rate of the existing levy.	25219

If the tax is to be placed on the current tax list, the form	25220
of the ballot shall be modified by adding, after the statement of	25221
the number of years the levy is to run, the phrase ", commencing	25222
in .......... (first year the tax is to be levied), first due in	25223
calendar year .......... (first calendar year in which the tax	25224
shall be due)."	25225

The question covered by the order shall be submitted as a	25226
separate proposition, but may be printed on the same ballot with	25227
any other proposition submitted at the same election, other than	25228
the election of officers. More than one such question may be	25229
submitted at the same election.	25230

Sec. 511.34. In townships composed of islands, and on one of	25231
which islands lands have been conveyed in trust for the benefit of	25232
the inhabitants of the island for use as a park, and a board of	25233
park trustees has been provided for the control of the park, the	25234
board of township trustees may create a tax district of the island	25235
to raise funds by taxation as provided under divisions (A) and (B)	25236
of this section.	25237

(A) For the care and maintenance of parks on the island, the	25238
board of township trustees annually may levy a tax, not to exceed	25239
one mill, upon all the taxable property in the district. The tax	25240
shall be in addition to all other levies authorized by law, and	25241
subject to no limitation on tax rates except as provided in this	25242
division.	25243

The proceeds of the tax levy shall be expended by the board	25244
of township trustees for the purpose of the care and maintenance	25245
of the parks, and shall be paid out of the township treasury upon	25246
the orders of the board of park trustees.	25247

(B) For the purpose of acquiring additional land for use as a	25248
park, the board of township trustees may levy a tax in excess of	25249
the ten-mill limitation on all taxable property in the district.	25250
The tax shall be proposed by resolution adopted by two-thirds of	25251
the members of the board of township trustees. The resolution	25252
shall specify the purpose and rate of the tax and the number of	25253
years the tax will be levied, which shall not exceed five years,	25254
and which may include a levy on the current tax list and	25255
duplicate. The resolution shall go into immediate effect upon its	25256
passage, and no publication of the resolution is necessary other	25257
than that provided for in the notice of election. The board of	25258
township trustees shall certify a copy of the resolution to the	25259
proper board of elections not later than ninety days before the	25260
primary or general election in the township, and the board of	25261
elections shall submit the question of the tax to the voters of	25262
the district at the succeeding primary or general election. The	25263
board of elections shall make the necessary arrangements for the	25264
submission of the question to the electors of the district, and	25265
the election shall be conducted, canvassed, and certified in the	25266
same manner as regular elections in the township for the election	25267
of officers. Notice of the election shall be published in a	25268
newspaper of general circulation in the township once a week for	25269
two consecutive weeks, or as provided in section 7.16 of the	25270
Revised Code prior to the election ~~and, if~~. If the board of	25271
elections operates and maintains a web site, notice of the	25272
election also shall be posted on that web site for thirty days	25273
prior to the election. The notice shall state the purpose of the	25274
tax, the proposed rate of the tax expressed in dollars and cents	25275
for each one hundred dollars of valuation and mills for each one	25276
dollar of valuation, the number of years the tax will be in	25277
effect, the first year the tax will be levied, and the time and	25278
place of the election.	25279

The form of the ballots cast at an election held under this	25280
division shall be as follows:	25281

"An additional tax for the benefit of ......... (name of the	25282
township) for the purpose of acquiring additional park land at a	25283
rate of ......... mills for each one dollar of valuation, which	25284
amounts to ........ (rate expressed in dollars and cents) for each	25285
one hundred dollars of valuation, for ......... (number of years	25286
the levy is to run) beginning in ........... (first year the tax	25287
will be levied).	25288

25289

		FOR THE TAX LEVY			25290
		AGAINST THE TAX LEVY	"		25291

25292

The question shall be submitted as a separate proposition but	25293
may be printed on the same ballot with any other proposition	25294
submitted at the same election other than the election of	25295
officers. More than one such question may be submitted at the same	25296
election.	25297

If the levy is approved by a majority of electors voting on	25298
the question, the board of elections shall certify the result of	25299
the election to the tax commissioner. In the first year of the	25300
levy, the tax shall be extended on the tax lists after the	25301
February settlement following the election. If the tax is to be	25302
placed on the tax lists of the current year as specified in the	25303
resolution, the board of elections shall certify the result of the	25304
election immediately after the canvass to the board of township	25305
trustees, which shall forthwith make the necessary levy and	25306
certify the levy to the county auditor, who shall extend the levy	25307
on the tax lists for collection. After the first year of the levy,	25308
the levy shall be included in the annual tax budget that is	25309
certified to the county budget commission.	25310

Sec. 513.14. The board of elections shall advertise the	25311
proposed tax levy question mentioned in section 513.13 of the	25312
Revised Code in ~~two newspapers of opposite political faith, if two~~	25313
~~such newspapers are published in the joint township hospital~~	25314
~~district, or otherwise in one~~a newspaper~~, published or~~ of general	25315
circulation in the proposed township hospital district, once a	25316
week for two consecutive weeks, or as provided in section 7.16 of	25317
the Revised Code, prior to the election ~~and, if~~. If the board	25318
operates and maintains a web site, the board also shall advertise	25319
that proposed tax levy question on its web site for thirty days	25320
prior to the election.	25321

Sec. 515.01. The board of township trustees may provide	25322
artificial lights for any road, highway, public place, or building	25323
under its supervision or control, or for any territory within the	25324
township and outside the boundaries of any municipal corporation,	25325
when the board determines that the public safety or welfare	25326
requires that the road, highway, public place, building, or	25327
territory shall be lighted. The lighting may be procured either by	25328
the township installing a lighting system or by contracting with	25329
any person or corporation to furnish lights.	25330

If lights are furnished under contract, the contract may	25331
provide that the equipment employed may be owned by the township	25332
or by the person or corporation supplying the lights.	25333

If the board determines to procure lighting by contract and	25334
the total estimated cost of the contract exceeds ~~twenty-five~~fifty	25335
thousand dollars, the board shall prepare plans and specifications	25336
for the lighting equipment and shall, for two weeks, advertise for	25337
bids for furnishing the lighting equipment, either by posting the	25338
advertisement in three conspicuous places in the township or by	25339
publication of the advertisement once a week, for two consecutive	25340
weeks, in a newspaper of general circulation in the township. Any	25341
such contract for lighting shall be made with the lowest and best	25342
bidder.	25343

The board may also cause notice to be inserted in trade	25344
papers or other publications designated by it or to be distributed	25345
by electronic means, including posting the notice on the board's	25346
internet web site. If the board posts the notice on its web site,	25347
it may eliminate the second notice otherwise required to be	25348
published in a newspaper of general circulation in the township,	25349
provided that the first notice published in such newspaper meets	25350
all of the following requirements:	25351

(A) It is published at least two weeks before the opening of	25352
bids.	25353

(B) It includes a statement that the notice is posted on the	25354
board's internet web site.	25355

(C) It includes the internet address of the board's internet	25356
web site.	25357

(D) It includes instructions describing how the notice may be	25358
accessed on the board's internet web site.	25359

No lighting contract awarded by the board shall be made to	25360
cover a period of more than twenty years. The cost of installing	25361
and operating any lighting system or any light furnished under	25362
contract shall be paid from the general fund of the township	25363
treasury.	25364

Sec. 515.04. The township fiscal officer shall fix a day,	25365
not more than thirty days from the date of notice to the board of	25366
township trustees, for the hearing of the petition authorized by	25367
section 515.02 or 515.16 of the Revised Code. The township fiscal	25368
officer or the fiscal officer's designee shall prepare and deliver	25369
to any of the petitioners a notice in writing directed to the lot	25370
and land owners and to the corporations, either public or private,	25371
affected by the improvement. The notice shall set forth the	25372
substance, pendency, and prayer of the petition and the time and	25373
place of the hearing on it.	25374

A copy of the notice shall be served upon each lot or land	25375
owner or left at the lot or land owner's usual place of residence,	25376
and upon an officer or agent of each corporation having its place	25377
of business in the district or area, at least fifteen days before	25378
the date set for the hearing. On or before the day of the hearing,	25379
the person serving the notice shall make return on it, under oath,	25380
of the time and manner of service and shall file the return with	25381
the township fiscal officer.	25382

The township fiscal officer or the fiscal officer's designee	25383
shall give the notice to each nonresident lot or land owner, by	25384
publication once, in a newspaper ~~published in and~~ of general	25385
circulation in the county in which the district or area is	25386
situated, at least two weeks before the day set for hearing. The	25387
notice shall be verified by affidavit of the printer or other	25388
person knowing the fact and shall be filed with the township	25389
fiscal officer or the fiscal officer's designee on or before the	25390
day of hearing. No further notice of the petition or the	25391
proceedings under it shall thereafter be required.	25392

Sec. 515.07. If the total estimated cost of any lighting	25393
improvement provided for in section 515.06 of the Revised Code is	25394
~~twenty-five~~fifty thousand dollars or less, the contract may be	25395
let without competitive bidding. When competitive bidding is	25396
required, the board of township trustees shall post, in three of	25397
the most conspicuous public places in the district, a notice	25398
specifying the number, candle power, and location of lights and	25399
the kind of supports for the lights as provided by section 515.06	25400
of the Revised Code, as well as the time, which shall not be less	25401
than thirty days from the posting of the notices, and the place	25402
the board will receive bids to furnish the lights. The board shall	25403
accept the lowest and best bid, if the successful bidder meets the	25404
requirements of section 153.54 of the Revised Code. The board may	25405
reject all bids.	25406

Sec. 517.06. The board of township trustees shall have the	25407
cemetery laid out in lots, avenues, and paths, shall number the	25408
lots, and shall have a suitable plat of the lots made, which plat	25409
shall be carefully kept by the township fiscal officer. The board	25410
shall make and enforce all needful rules and regulations for the	25411
division of the cemetery into lots, for the allotment of lots to	25412
families or individuals, and for the care, supervision, and	25413
improvement of the lots. The board also may make and enforce all	25414
needful rules and regulations for burial, interment, reinterment,	25415
or disinterment. The board shall require the grass and weeds in	25416
the cemetery to be cut and destroyed at least twice each year.	25417
Suitable provision shall be made in the cemetery for persons whose	25418
burial is at the expense of the township.	25419

Sec. 517.12. The board of township trustees may make rules	25420
specifying the times when cemeteries under its control shall be	25421
closed to the public. The board shall cause the rules to be	25422
published once a week for two consecutive weeks in a newspaper of	25423
general circulation within the township or as provided in section	25424
7.16 of the Revised Code, and may post appropriate notice in the	25425
township as considered necessary.	25426

The purposes of such rules shall be to assure a reasonable	25427
time of access to the cemeteries in view of the differences in	25428
attendance anticipated from past experience as to each, to exclude	25429
attendance at times when no proper purposes could normally be	25430
expected, to permit exceptions to the normal hours of access on	25431
reasonable request with adequate reason provided, and to	25432
facilitate the task of protecting the premises from vandalism,	25433
desecration, and other improper usage.	25434

Whoever violates these rules is guilty of a minor	25435
misdemeanor.	25436

Sec. 517.22. The board of township trustees or the trustees	25437
or directors of a cemetery association, after notice has first	25438
been given in ~~two newspapers~~a newspaper of general circulation in	25439
the county, may dispose of, at public sale, and convey any	25440
cemetery under their control that they have determined to	25441
discontinue as burial grounds, but possession of the cemetery	25442
shall not be given to a grantee until after the remains buried in	25443
that cemetery, together with stones and monuments, have been	25444
removed as provided by section 517.21 of the Revised Code.	25445

Sec. 521.03. On receiving a petition filed under section	25446
521.02 of the Revised Code, or at the request of the board of	25447
township trustees, the township fiscal officer shall fix a time,	25448
not more than thirty days after the date of giving notice of the	25449
filing to the board or the date of receiving the request from the	25450
board, and place for a hearing on the issue of repair or	25451
maintenance of the tiles. The township fiscal officer shall	25452
prepare a notice in writing directed to the lot and land owners	25453
and to the corporations, either public or private, affected by the	25454
improvement. The notice shall set forth the substance of the	25455
petition or board request, and the time and place of the hearing	25456
on it.	25457

If the hearing is to be held in response to a petition, the	25458
township fiscal officer shall deliver a copy of the notice to any	25459
of the petitioners, who shall see that the notice is served on	25460
each lot or land owner or left at the lot or land owner's usual	25461
place of residence, and served on an officer or agent of each	25462
corporation affected by the improvement, at least fifteen days	25463
before the date set for the hearing. If the hearing is to be held	25464
at the request of the board, the board shall see that the notice	25465
is so served. On or before the day of the hearing, the person	25466
serving the notice shall certify, under oath, the time and manner	25467
of service, and shall file this certification with the township	25468
fiscal officer.	25469

The township fiscal officer shall give notice of the hearing	25470
to each nonresident lot or land owner, by publication once, in a	25471
newspaper ~~published in and~~ of general circulation in the county in	25472
which the township is situated, at least two weeks before the day	25473
set for the hearing. This notice shall be verified by affidavit of	25474
the printer or other person knowing the fact, and shall be filed	25475
with the township fiscal officer on or before the day of the	25476
hearing. No further notice of the petition or the proceedings	25477
under it shall thereafter be required.	25478

Sec. 521.05. (A) If the total estimated cost of any	25479
improvement provided for in section 521.04 of the Revised Code is	25480
~~twenty-five~~fifty thousand dollars or less, the contract may be	25481
let without competitive bidding. When competitive bidding is	25482
required, the board of township trustees shall post, in three of	25483
the most conspicuous public places in the township, a notice	25484
specifying the improvement to be made and the time, which shall be	25485
at least thirty days after the posting of the notices, and the	25486
place the board will receive bids to make the improvement. The	25487
board shall accept the lowest and best bid, if the successful	25488
bidder meets the requirements of section 153.54 of the Revised	25489
Code. The board may reject all bids.	25490

(B) On accepting a bid, the board shall enter into a contract	25491
with the successful bidder for making the improvement according to	25492
specifications. The contract shall not be for a term longer than	25493
ten years.	25494

Sec. 523.01. The territory of one or more townships may be	25495
merged with that of a contiguous township to create a new	25496
township, in the manner provided under this chapter. The new	25497
township shall have all of, and only, the rights, powers, and	25498
responsibilities afforded by law to townships.	25499

Sec. 523.02. (A) A resolution for a merger under this	25500
chapter may be proposed by initiative petition by the electors of	25501
each township being proposed for merger, and adopted by election	25502
by these electors under the same circumstances, in the same	25503
manner, and subject to the same penalties as provided by sections	25504
731.28 to 731.40 and 731.99 of the Revised Code for municipal	25505
corporations, except that all of the following apply:	25506

(1) Each board of township trustees shall perform the duties	25507
imposed on the legislative authority of the municipal corporation	25508
under those sections;	25509

(2) Initiative petitions shall be filed with the township	25510
fiscal officer of each township proposed for merger, who shall	25511
perform the duties imposed under those sections upon the city	25512
auditor or village clerk;	25513

(3) Initiative petitions shall contain the signatures of not	25514
less than ten per cent of the total number of electors in a	25515
township proposed for merger who voted for the office of governor	25516
at the most recent general election in the township for that	25517
office;	25518

(4) Each signer of an initiative petition shall be an elector	25519
of the township in which the election on the proposed resolution	25520
is to be held.	25521

(B) The merger shall take effect one hundred twenty days	25522
after certification by the board or boards of elections that the	25523
merger has been approved by the electors of each township proposed	25524
for merger.	25525

Sec. 523.03. (A) The boards of township trustees of two or	25526
more townships, by adopting resolutions by unanimous vote of the	25527
board of township trustees of each township, may cause the	25528
appropriate board of elections for each township to submit to the	25529
electors of each township the question of merger under section	25530
523.01 of the Revised Code. The question shall be voted upon at	25531
the next general election occurring not less than ninety days	25532
after the certification of the resolutions to the appropriate	25533
board of elections.	25534

(B) In submitting to the electors of each township the	25535
question of merger, the board of elections shall submit the	25536
question in language substantially as follows:	25537

"Shall the townships of ................ (Names of all of the	25538
townships to be merged) be merged to create the new township of	25539
............... (Name of the new township)?"	25540

(C) The merger shall take effect one hundred twenty days	25541
after certification by the board or boards of elections that the	25542
merger has been approved by the electors of each township proposed	25543
for merger.	25544

Sec. 523.04. (A) Within one hundred twenty days after	25545
approval of the merger by the electors under section 523.02 or	25546
523.03 of the Revised Code, each board of township trustees of the	25547
townships merged, by adopting a joint resolution approved by a	25548
majority of the members of each board, shall enter into a merger	25549
agreement that contains the specific terms and conditions of the	25550
merger. At a minimum, the merger agreement shall set forth all of	25551
the following:	25552

(1) The names of the former townships that were merged;

25553

(2) The name of the new township;

25554

(3) The place in which the principal office of the new	25555
township will be located or the manner in which it may be	25556
selected;	25557

(4) The territorial boundaries of the new township;

25558

(5) The date on which the merger took effect;

25559

(6) The governmental operations and organization for the new	25560
township, including a plan for electing officers at the next	25561
general election that is held not later than ninety days after the	25562
merger agreement is finalized;	25563

(7) A procedure for the efficient and timely transition of	25564
specific services, functions, and responsibilities from each	25565
township and its respective offices to the new township;	25566

(8) Terms for the disposition of the assets and property of	25567
each township, if necessary;	25568

(9) The liquidation of existing indebtedness for each	25569
township, if necessary;	25570

(10) A plan for the common administration and enforcement of	25571
resolutions of the townships merged, to be enforced uniformly	25572
within the new township;	25573

(11) A provision that specifies whether there will be any	25574
zoning changes as a result of the merger, if applicable;	25575

(12) A plan to conform the boundaries of an existing special	25576
purpose district with the new township, to dissolve the special	25577
purpose district, or to absorb the special purpose district into	25578
the new township. As used in this division, "special purpose	25579
district" has the meaning in division (F) of section 523.06 of the	25580
Revised Code.	25581

(B) A copy of the joint resolution and the merger agreement	25582
adopted under this section shall be filed with the township fiscal	25583
officer of the new township. The merger agreement shall take	25584
effect on the day on which such filing is made.	25585

(C) If no merger agreement, or if only a partial merger	25586
agreement, is entered into within the time period prescribed by	25587
division (A) of this section, the new township shall comply with	25588
and operate under a merger agreement that contains the terms and	25589
conditions required by section 523.06 of the Revised Code.	25590

Sec. 523.05. (A) A new township created under this chapter	25591
shall succeed to the following interests of each township merged:	25592

(1) All money, taxes, and special assessments, whether in the	25593
township treasury or in the process of collection;	25594

(2) All property and interests in property, whether real or	25595
personal;	25596

(3) All rights and interests in contracts, or in securities,	25597
bonds, notes, or other instruments;	25598

(4) All accounts receivable and rights of action;

25599

(5) All other matters not included in this section that are	25600
not addressed in the merger agreement.	25601

(B) A new township created under this chapter is legally	25602
obligated for all outstanding franchises, contracts, debts, and	25603
other legally binding obligations for each township merged into	25604
the new township. A new township created under this chapter is	25605
legally responsible for maintaining, defending, or otherwise	25606
resolving any and all legal claims or actions of each township	25607
merged into the new township.	25608

Sec. 523.06. If a merger agreement is entered into as	25609
required by section 523.04 of the Revised Code, this section does	25610
not apply. If a merger agreement is not entered into under section	25611
523.04 of the Revised Code, the merger agreement shall contain all	25612
of the terms and conditions specified in this section. If a	25613
partial merger agreement is entered into under section 523.04 of	25614
the Revised Code, this section applies only to the extent any term	25615
or condition that is required by section 523.04 of the Revised	25616
Code to be addressed in the merger agreement is not addressed	25617
therein.	25618

The terms and conditions of a merger agreement to which this	25619
section applies shall be as follows:	25620

(A) All members of each board of township trustees shall	25621
serve as board members of the new township. At the first general	25622
election for township officers occurring not less than ninety days	25623
after a merger is approved, the electors of the new township shall	25624
elect three township trustees with staggered terms of office. The	25625
first terms of office following the election shall be modified to	25626
an even number of years not to exceed four to allow subsequent	25627
elections for the office to be held in the same year as other	25628
township officers.	25629

(B) The township fiscal officer of the largest township, by	25630
population, shall be the township fiscal officer for the new	25631
township. At the first general election for township officers	25632
occurring not less than ninety days after the merger, the electors	25633
shall elect a township fiscal officer, whose first term of office	25634
shall be modified to an even number of years not to exceed four to	25635
allow subsequent elections for that office to be held in the same	25636
year as other township fiscal officers.	25637

(C) Voted property tax levies shall remain in effect for the	25638
parcels of real property to which they applied prior to the	25639
merger, and the merger shall not affect the proceeds of a tax levy	25640
pledged for the retirement of any debt obligation. Upon expiration	25641
of a property tax levy, the levy may only be replaced or renewed	25642
by vote of the electors in the manner provided by law, to apply to	25643
real property within the boundaries of the new township. If the	25644
millage levied inside the ten-mill limitation of each township	25645
merged is different, the board of township trustees of the new	25646
township shall immediately equalize the millage for the entire new	25647
township.	25648

(D) For purposes of the retirement of all debt obligations of	25649
each township merged, the township fiscal officer shall continue	25650
to track parcels of real property and the tax revenue generated on	25651
those parcels by the tax districts that were in place prior to the	25652
merger, and shall provide that information on an annual basis to	25653
the board of township trustees of the new township. Debt	25654
obligations that existed at the time of the merger shall be	25655
retired from the revenue generated from the parcels of real	25656
property that made up the township that incurred the debt before	25657
the merger.	25658

(E)(1) With respect to any agreement entered into under	25659
Chapter 4117. of the Revised Code that covers any of the employees	25660
of the townships merged under this chapter, the state employment	25661
relations board, within one hundred twenty days after the date the	25662
merger is approved, shall designate the appropriate bargaining	25663
units for the employees of the new township in accordance with	25664
section 4117.06 of the Revised Code. Notwithstanding the	25665
recognition procedures prescribed in section 4117.05 and division	25666
(A) of section 4117.07 of the Revised Code, the board shall	25667
conduct a representation election with respect to each bargaining	25668
unit designated under this division in accordance with divisions	25669
(B) and (C) of section 4117.07 of the Revised Code. If an	25670
exclusive representative is selected through this election, the	25671
exclusive representative shall negotiate and enter into an	25672
agreement with the new township in accordance with Chapter 4117.	25673
of the Revised Code. Until the parties reach an agreement, any	25674
agreement in effect on the date of the merger shall apply to the	25675
employees that were in the bargaining unit that is covered by the	25676
agreement. An agreement in existence on the date of the merger is	25677
terminated on the effective date of an agreement negotiated under	25678
this division.	25679

(2) If an exclusive representative is not selected, any	25680
agreement in effect on the date of the merger shall apply to the	25681
employees that were in the bargaining unit that is covered by the	25682
agreement and shall expire on its terms.	25683

(3) Each agreement entered into under Chapter 4117. of the	25684
Revised Code on or after the effective date of this section	25685
involving a new township shall contain a provision regarding the	25686
designation of an exclusive representative and bargaining units	25687
for the new township as described in division (E) of this section.	25688

(4) In addition to the laws listed in division (A) of section	25689
4117.10 of the Revised Code that prevail over conflicting	25690
agreements between employee organizations and public employers,	25691
division (E) of this section prevails over any conflicting	25692
provisions of agreements between employee organizations and public	25693
employers that are entered into on or after the effective date of	25694
this section pursuant to Chapter 4117. of the Revised Code.	25695

(5) As used in division (E) of this section, "employee	25696
organization" and "exclusive representative" have the same	25697
meanings as in section 4117.01 of the Revised Code.	25698

(F)(1) If the boundaries of the new township are not	25699
coextensive with a special purpose district, the new township	25700
shall remain in the existing special purpose district as a	25701
successor to the original township, unless the special purpose	25702
district is dissolved. The board of township trustees of the new	25703
township may place a question on the ballot at the next general	25704
election held after the merger to conform the boundaries, dissolve	25705
the special purpose district, or absorb the special purpose	25706
district into the new township on the terms specified in the	25707
resolution that places the question on the ballot for approval of	25708
the electors of the new township.	25709

(2) As used in division (F) of this section, "special purpose	25710
district" means any geographic or political jurisdiction that is	25711
created under law by a township merged.	25712

(G) Zoning codes that existed at the time of the merger shall	25713
remain in effect after the merger, and the townships that existed	25714
before the merger shall be treated as administrative districts	25715
within the new township for the purposes of zoning.	25716

Sec. 523.09. If a merger is disapproved by a majority of	25717
those voting on it in the townships proposed to be merged, an	25718
identical merger shall not be considered for at least three years	25719
after the date of the disapproval.	25720

Sec. 705.16. (A) All ordinances or resolutions shall be in	25721
effect after thirty days from the date of their passage, except as	25722
provided in section 705.75 of the Revised Code.	25723

(B) ~~Notwithstanding any conflicting provision of section 7.12~~	25724
~~of the Revised Code,~~A succinct summary of each ordinance and	25725
resolution of a general nature, or providing for public	25726
improvements, or assessing property~~, or a succinct summary of each~~	25727
~~such ordinance or resolution,~~ shall, upon passage of the ordinance	25728
or resolution, be promptly published one time in ~~not more than two~~	25729
~~newspapers~~a newspaper of general circulation in the municipal	25730
corporation. Such publication shall be made in the body type of	25731
the paper under headlines in eighteen point type, which headlines	25732
shall specify the nature of such legislation. ~~If a summary of an~~	25733
~~ordinance or resolution is published, the~~The publication shall	25734
contain notice that the complete text of each such ordinance or	25735
resolution may be obtained or viewed at the office of the clerk of	25736
the legislative authority of the municipal corporation and may be	25737
viewed at any other location designated by the legislative	25738
authority of the municipal corporation. The city director of law,	25739
village solicitor, or other chief legal officer of the municipal	25740
corporation shall review ~~any~~the summary of an ordinance or	25741
resolution published under this section prior to forwarding it to	25742
the clerk for publication, to ensure that the summary is legally	25743
accurate and sufficient.	25744

(C) Upon publication of a summary of an ordinance or	25745
resolution in accordance with this section, the clerk of the	25746
legislative authority shall supply a copy of the complete text of	25747
each such ordinance or resolution to any person, upon request, and	25748
may charge a reasonable fee, set by the legislative authority, for	25749
each copy supplied. The clerk shall post a copy of the text at ~~his~~	25750
the clerk's office and at every other location designated by the	25751
legislative authority.	25752

(D) No newspaper shall be paid a higher price for the	25753
publication of summaries of ordinances than its ~~maximum bona fide~~	25754
~~commercial~~government rate established under section 7.10 of the	25755
Revised Code.	25756

Sec. 709.43. As used in sections 709.43 to 709.48 of the	25757
Revised Code, "merger" means the annexation, one to another, of	25758
existing municipal corporations or of the unincorporated area of a	25759
township with one or more municipal corporations, or the merger of	25760
one or more municipal corporations with the unincorporated area of	25761
a township.	25762

Sec. 709.44. (A) The territory of one or more municipal	25763
corporations, whether or not adjacent to one another, may be	25764
merged with that of an adjacent municipal corporation, and the	25765
unincorporated area of a township may be merged with one or more	25766
municipal corporations, or one or more municipal corporations,	25767
whether or not adjacent to one another, may be merged with that of	25768
an adjacent unincorporated area of a township, in the manner	25769
provided in sections 709.43 to 709.48 of the Revised Code.	25770

(B) The territory of one or more municipal corporations,	25771
whether or not adjacent to one another, may be merged with that of	25772
an adjacent unincorporated area of a township, in the manner	25773
provided in sections 709.451 or 709.452 of the Revised Code.	25774

Sec. 709.451. (A) In lieu of filing a petition under section	25775
709.45 of the Revised Code, if the legislative authorities of each	25776
political subdivision that may be merged as provided in section	25777
709.44 of the Revised Code agree to a merger and adopt, by a	25778
two-thirds vote of each legislative authority, an ordinance or	25779
resolution approving a merger, no election of a commission to draw	25780
up a statement of conditions for merger of the political	25781
subdivisions shall be held. Instead, the legislative authorities	25782
of those political subdivisions shall have one hundred twenty days	25783
to enter into a merger agreement that specifies the conditions of	25784
the proposed merger, in identical ordinances or a resolution	25785
adopted by a simple majority vote of each legislative authority.	25786
At a minimum, the proposed merger agreement shall include all of	25787
the following:	25788

(1) The names of the municipal corporations and township, if	25789
any, agreeing to the merger;	25790

(2) The territorial boundaries of the resulting municipal	25791
corporation or township;	25792

(3) The date that the merger will take effect;

25793

(4) A procedure for the efficient and timely transition to	25794
the resulting municipal corporation or township of specified	25795
services, functions, and responsibilities from each municipal	25796
corporation or township and its respective departments and	25797
agencies;	25798

(5) A transition plan and schedule.

25799

(B) The merger shall become effective on the one hundred	25800
twentieth day after the adoption of the last ordinance or	25801
resolution supporting the proposed merger unless, prior to the	25802
expiration of the one hundred twenty-day period, a referendum	25803
petition is filed under division (C) of this section.	25804

(C)(1) A qualified elector of a municipal corporation or	25805
township proposed for merger, not later than one hundred twenty	25806
days after the last ordinance or resolution is adopted under	25807
division (B) of this section, may present to the legislative	25808
authority of that municipal corporation or township a referendum	25809
petition, signed by a number of qualified electors residing in the	25810
municipal corporation or township, equal in number to not less	25811
than ten per cent of the total vote cast in the municipal	25812
corporation or township for governor at the most recent general	25813
election at which a governor was elected, requesting the	25814
legislative authority to submit the question of the merger to the	25815
electors of the municipal corporation or township for approval or	25816
rejection at a special election to be held on the day of the next	25817
primary or general election occurring at least ninety days after	25818
the petition is submitted. The referendum petition shall be	25819
governed by section 3501.38 of the Revised Code.	25820

(2) The referendum petition shall be filed with the clerk of	25821
the legislative authority of the municipal corporation that is the	25822
subject of the petition and the township clerk of the township	25823
that is the subject of the petition. The person presenting the	25824
petition shall be given a receipt containing the time of the day,	25825
the date, and the purpose of the petition. The clerk shall cause	25826
the appropriate board of elections to check the sufficiency of	25827
signatures on the referendum petition and if the signatures are	25828
found to be sufficient, shall present the petition to the	25829
legislative authority at a meeting of the legislative authority	25830
that occurs not later than thirty days following the filing of the	25831
petition.	25832

(3) Upon presentation to the legislative authority of a	25833
referendum petition, the legislative authority shall promptly	25834
certify the petition to the board of elections for the purpose of	25835
having the question of the merger placed on the ballot at a	25836
special election to be held on the day of the next general or	25837
primary election that occurs not less than ninety days after the	25838
date of the meeting of the legislative authority, the date of	25839
which shall be specified in the certification.	25840

(4) Signatures on a referendum petition may be withdrawn up	25841
to and including the meeting of the legislative authority	25842
certifying the proposal to the appropriate board of elections.	25843

(5) Upon certification of the referendum petition to the	25844
appropriate board of elections, the board of elections shall make	25845
the necessary arrangements for the submission of the question of	25846
merger to the qualified electors of the municipal corporation or	25847
township proposed for merger that is the subject of the petition.	25848
The election shall be conducted, canvassed, and certified in the	25849
same manner as regular elections in the municipal corporation or	25850
township for the election of officers. Notice of the election	25851
shall be published in a newspaper of general circulation in the	25852
municipal corporation or township once a week for two consecutive	25853
weeks prior to the election. If the board of elections operates	25854
and maintains a web site, the board shall post notice of the	25855
election on the web site for thirty days prior to the election.	25856
The notice shall state the necessity for merger, the municipal	25857
corporations and township, if any, that are proposed for merger,	25858
the boundaries of the entity created as the result of the merger,	25859
and the time and place of the election. The form of the ballots	25860
cast at the election shall read as follows:	25861

"Shall the municipal corporations or township of	25862
................. (Names of all municipal corporations or of the	25863
township to be merged) be merged into the ............ (municipal	25864
corporation or township) of ............ (Name of the municipal	25865
corporation or township into which the municipal corporations or	25866
township are to be merged), as provided in section 709.44 of the	25867
Revised Code?"	25868

(6) No merger for which a referendum vote has been requested	25869
shall be put into effect unless a majority of the votes cast on	25870
the issue in the municipal corporation or township that is the	25871
subject of the referendum petition is in favor of the merger. Upon	25872
certification by the board of elections that the merger has been	25873
approved by the electors, the merger shall take immediate effect.	25874

(D) On the effective date of the merger, a municipal	25875
corporation merging into a township only has the rights, powers,	25876
and responsibilities afforded by law to townships, and all other	25877
authority ceases to exist.	25878

(E) If an existing charter of a municipal corporation	25879
proposed for merger under this section conflicts with the	25880
processes and procedures specified in this section, the processes	25881
and procedures for merger addressed in the municipal corporation's	25882
charter apply.	25883

Sec. 709.452. (A) The legislative authority of each	25884
municipal corporation or township proposed for merger as provided	25885
in section 709.44 of the Revised Code that adopts a merger	25886
agreement under section 709.451 of the Revised Code may submit the	25887
question of merger to the electors of the municipal corporations	25888
and township proposed for merger. The legislative authorities may	25889
certify the ordinances or resolution that adopted the merger	25890
agreement to the board or boards of elections, if the territory	25891
proposed for merger is located in more than one county, directing	25892
the submission of the question of merger to the electors of the	25893
municipal corporations and township proposed for merger at a	25894
special election to be held on the day of the next primary or	25895
general election in the county or counties that occurs not less	25896
than ninety days after the ordinances or resolution are certified	25897
to the board or boards of elections. The question shall be put on	25898
the ballot and voted upon, separately, in each municipal	25899
corporation or township proposed for merger.	25900

(B) The ordinances or resolution specifying the merger	25901
conditions agreed to by the municipal corporations and township	25902
proposed for merger shall be posted on the web sites of those	25903
municipal corporations and township, and shall be published in a	25904
newspaper of general circulation in the municipal corporations and	25905
township once a week for two consecutive weeks prior to the	25906
election.	25907

(C) If the merger is approved by a majority of those voting	25908
on it in each municipal corporation or township proposed to be	25909
merged, the merger agreement shall take immediate effect.	25910

(D) If an existing charter of a municipal corporation	25911
proposed for merger under this section conflicts with the	25912
processes and procedures specified in this section, the processes	25913
and procedures for merger addressed in the municipal corporation's	25914
charter apply.	25915

Sec. 711.35. Upon the filing of the application provided for	25916
in section 711.34 of the Revised Code, the county auditor shall	25917
give notice of the filing, by publication, for two consecutive	25918
weeks in a newspaper ~~published and~~ of general circulation in the	25919
county~~, of the filing thereof, and~~or as provided in section 7.16	25920
of the Revised Code. The county auditor shall also notify the	25921
board of county commissioners of such filing.	25922

Sec. 715.011. Each municipal corporation may lease for a	25923
period not to exceed forty years, pursuant to a contract providing	25924
for the construction thereof under a lease-purchase plan,	25925
buildings, structures, and other improvements for any authorized	25926
municipal purpose, and in conjunction therewith, may grant leases,	25927
easements, or licenses for lands under the control of the	25928
municipal corporation for a period not to exceed forty years. The	25929
lease shall provide that at the end of the lease period the	25930
buildings, structures, and related improvements together with the	25931
land on which they are situate shall become the property of the	25932
municipal corporation without cost.	25933

Whenever any building, structure, or other improvement is to	25934
be so leased by a municipal corporation, the appropriate	25935
contracting officer of the municipal corporation shall file with	25936
the clerk of the council such basic plans, specifications, bills	25937
of materials, and estimates of cost with sufficient detail to	25938
afford bidders all needed information, or alternatively, shall	25939
file the following plans, details, bills of materials, and	25940
specifications:	25941

(A) Full and accurate plans, suitable for the use of	25942
mechanics and other builders in such construction, improvement,	25943
addition, alteration, or installation;	25944

(B) Details to scale and full sized, so drawn and represented	25945
as to be easily understood;	25946

(C) Accurate bills showing the exact quantity of different	25947
kinds of material necessary to the construction;	25948

(D) Definite and complete specifications of the work to be	25949
performed, together with such directions as will enable a	25950
competent mechanic or other builder to carry them out and afford	25951
bidders all needed information;	25952

(E) A full and accurate estimate of each item of expense and	25953
of the aggregate cost thereof.	25954

The council of the municipal corporation shall give public	25955
notice, in ~~the~~a newspaper of general circulation in the municipal	25956
corporation, and in the form and with the phraseology as the	25957
council orders, published once each week for four consecutive	25958
weeks or as provided in section 7.16 of the Revised Code, of the	25959
time and place, when and where bids will be received for entering	25960
into an agreement to lease to the municipal corporation a	25961
building, structure, or other improvement, the last publication to	25962
be at least eight days preceding the day for opening the bids. The	25963
bids shall contain the terms upon which the builder would propose	25964
to lease the building, structure, or other improvement to the	25965
municipal corporation. The form of the bid approved by the council	25966
of the municipal corporation shall be used and a bid shall be	25967
invalid and not considered unless such form is used without	25968
change, alteration, or addition. Before submitting bids pursuant	25969
to this section, any builder shall have complied with sections	25970
153.50 to 153.52 of the Revised Code.	25971

On the day and at the place named for receiving bids for	25972
entering into lease agreements with the municipal corporation, the	25973
appropriate contracting officer of the municipal corporation shall	25974
open the bids, and shall publicly proceed immediately to tabulate	25975
the bids upon triplicate sheets, one of each of which sheets shall	25976
be filed with the clerk of the council. No lease agreement shall	25977
be entered into until the bureau of workers' compensation has	25978
certified that the corporation, partnership, or person to be	25979
awarded the lease agreement has complied with Chapter 4123. of the	25980
Revised Code, and until, if the builder submitting the lowest and	25981
best bid is a foreign corporation, the secretary of state has	25982
certified that the corporation is authorized to do business in	25983
this state, and until, if the builder submitting the lowest and	25984
best bid is a person or partnership nonresident of this state, the	25985
person or partnership has filed with the secretary of state a	25986
power of attorney designating the secretary of state as its agent	25987
for the purpose of accepting service of summons in any action	25988
brought under Chapter 4123. of the Revised Code, and until the	25989
agreement is submitted to the village solicitor or city director	25990
of law of the municipal corporation and ~~his~~the solicitor's or	25991
director's approval is certified thereon. Within thirty days after	25992
the day on which the bids are received, the council shall	25993
investigate the bids received and shall determine that the bureau	25994
and the secretary of state have made the certifications required	25995
by this section of the builder who has submitted the lowest and	25996
best bid. Within ten days of the completion of the investigation	25997
of the bids the council may award the lease agreement to the	25998
builder who has submitted the lowest and best bid and who has been	25999
certified by the bureau and secretary of state as required by this	26000
section. If bidding for the lease agreement has been conducted	26001
upon the basis of basic plans, specifications, bills of materials,	26002
and estimates of costs, upon the award to the builder, the	26003
council, or the builder with the approval of the council, shall	26004
appoint an architect or engineer licensed in this state to prepare	26005
such further detailed plans, specifications, and bills of	26006
materials as are required to construct the building, structure, or	26007
improvement.	26008

The council may reject any bid. Where there is reason to	26009
believe there is collusion or combination among bidders, the bids	26010
of those concerned therein shall be rejected.	26011

Sec. 715.47. A municipal corporation may fill or drain any	26012
lot or land within its limits on which water at any time becomes	26013
stagnant, remove all putrid substances from any lot, and remove	26014
all obstructions from culverts, covered drains, or private	26015
property, laid in any natural watercourse, creek, brook, or	26016
branch, which obstruct the water naturally flowing therein,	26017
causing it to flow back or become stagnant, in a way prejudicial	26018
to the health, comfort, or convenience of any of the citizens of	26019
the neighborhood. If such culverts or drains are of insufficient	26020
capacity, the municipal corporation may make them of such capacity	26021
as reasonably to accommodate the flow of such water at all times.	26022
The legislative authority of such municipal corporation may, by	26023
resolution, direct the owner to fill or drain such lot, remove	26024
such putrid substance or such obstructions, and if necessary,	26025
enlarge such culverts or covered drains to meet the requirements	26026
thereof.	26027

After service of a copy of such resolution, or after a	26028
publication thereof, in a newspaper of general circulation in such	26029
municipal corporation or as provided in section 7.16 of the	26030
Revised Code, for two consecutive weeks, such owner, or ~~his~~such	26031
owner's agent or attorney, shall comply with the directions of the	26032
resolution within the time therein specified.	26033

In case of the failure or refusal of such owner to comply	26034
with the resolution, the work required thereby may be done at the	26035
expense of the municipal corporation, and the amount of money so	26036
expended shall be recovered from the owner before any court of	26037
competent jurisdiction. Such expense from the time of the adoption	26038
of the resolution shall be a lien on such lot, which may be	26039
enforced by suit in the court of common pleas, and like	26040
proceedings may be had as directed in relation to the improvement	26041
of streets.	26042

The officers connected with the health department of every	26043
such municipal corporation shall see that this section is strictly	26044
and promptly enforced.	26045

Sec. 718.01. (A) As used in this chapter:

26046

(1) "Adjusted federal taxable income" means a C corporation's	26047
federal taxable income before net operating losses and special	26048
deductions as determined under the Internal Revenue Code, adjusted	26049
as follows:	26050

(a) Deduct intangible income to the extent included in	26051
federal taxable income. The deduction shall be allowed regardless	26052
of whether the intangible income relates to assets used in a trade	26053
or business or assets held for the production of income.	26054

(b) Add an amount equal to five per cent of intangible income	26055
deducted under division (A)(1)(a) of this section, but excluding	26056
that portion of intangible income directly related to the sale,	26057
exchange, or other disposition of property described in section	26058
1221 of the Internal Revenue Code;	26059

(c) Add any losses allowed as a deduction in the computation	26060
of federal taxable income if the losses directly relate to the	26061
sale, exchange, or other disposition of an asset described in	26062
section 1221 or 1231 of the Internal Revenue Code;	26063

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	26064
section, deduct income and gain included in federal taxable income	26065
to the extent the income and gain directly relate to the sale,	26066
exchange, or other disposition of an asset described in section	26067
1221 or 1231 of the Internal Revenue Code;	26068

(ii) Division (A)(1)(d)(i) of this section does not apply to	26069
the extent the income or gain is income or gain described in	26070
section 1245 or 1250 of the Internal Revenue Code.	26071

(e) Add taxes on or measured by net income allowed as a	26072
deduction in the computation of federal taxable income;	26073

(f) In the case of a real estate investment trust and	26074
regulated investment company, add all amounts with respect to	26075
dividends to, distributions to, or amounts set aside for or	26076
credited to the benefit of investors and allowed as a deduction in	26077
the computation of federal taxable income;	26078

(g) IfDeduct, to the extent not otherwise deducted or	26079
excluded in computing federal taxable income, any income derived	26080
from providing public services under a contract through a project	26081
owned by the state, as described in section 126.604 of the Revised	26082
Code or derived from a transfer agreement or from the enterprise	26083
transferred under that agreement under section 4313.02 of the	26084
Revised Code.	26085

If the taxpayer is not a C corporation and is not an	26086
individual, the taxpayer shall compute adjusted federal taxable	26087
income as if the taxpayer were a C corporation, except:guaranteed	26088

~~(i) Guaranteed~~ payments and other similar amounts paid or	26089
accrued to a partner, former partner, member, or former member	26090
shall not be allowed as a deductible expense; ~~and~~amounts	26091

~~(ii) Amounts~~ paid or accrued to a qualified self-employed	26092
retirement plan with respect to an owner or owner-employee of the	26093
taxpayer, amounts paid or accrued to or for health insurance for	26094
an owner or owner-employee, and amounts paid or accrued to or for	26095
life insurance for an owner or owner-employee shall not be allowed	26096
as a deduction.	26097

Nothing in division (A)(1) of this section shall be construed	26098
as allowing the taxpayer to add or deduct any amount more than	26099
once or shall be construed as allowing any taxpayer to deduct any	26100
amount paid to or accrued for purposes of federal self-employment	26101
tax.	26102

Nothing in this chapter shall be construed as limiting or	26103
removing the ability of any municipal corporation to administer,	26104
audit, and enforce the provisions of its municipal income tax.	26105

(2) "Internal Revenue Code" means the Internal Revenue Code	26106
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	26107

(3) "Schedule C" means internal revenue service schedule C	26108
filed by a taxpayer pursuant to the Internal Revenue Code.	26109

(4) "Form 2106" means internal revenue service form 2106	26110
filed by a taxpayer pursuant to the Internal Revenue Code.	26111

(5) "Intangible income" means income of any of the following	26112
types: income yield, interest, capital gains, dividends, or other	26113
income arising from the ownership, sale, exchange, or other	26114
disposition of intangible property including, but not limited to,	26115
investments, deposits, money, or credits as those terms are	26116
defined in Chapter 5701. of the Revised Code, and patents,	26117
copyrights, trademarks, tradenames, investments in real estate	26118
investment trusts, investments in regulated investment companies,	26119
and appreciation on deferred compensation. "Intangible income"	26120
does not include prizes, awards, or other income associated with	26121
any lottery winnings or other similar games of chance.	26122

(6) "S corporation" means a corporation that has made an	26123
election under subchapter S of Chapter 1 of Subtitle A of the	26124
Internal Revenue Code for its taxable year.	26125

(7) For taxable years beginning on or after January 1, 2004,	26126
"net profit" for a taxpayer other than an individual means	26127
adjusted federal taxable income and "net profit" for a taxpayer	26128
who is an individual means the individual's profit required to be	26129
reported on schedule C, schedule E, or schedule F, other than any	26130
amount allowed as a deduction under division (E)(2) or (3) of this	26131
section or amounts described in division (H) of this section.	26132

(8) "Taxpayer" means a person subject to a tax on income	26133
levied by a municipal corporation. Except as provided in division	26134
(L) of this section, "taxpayer" does not include any person that	26135
is a disregarded entity or a qualifying subchapter S subsidiary	26136
for federal income tax purposes, but "taxpayer" includes any other	26137
person who owns the disregarded entity or qualifying subchapter S	26138
subsidiary.	26139

(9) "Taxable year" means the corresponding tax reporting	26140
period as prescribed for the taxpayer under the Internal Revenue	26141
Code.	26142

(10) "Tax administrator" means the individual charged with	26143
direct responsibility for administration of a tax on income levied	26144
by a municipal corporation and includes:	26145

(a) The central collection agency and the regional income tax	26146
agency and their successors in interest, and other entities	26147
organized to perform functions similar to those performed by the	26148
central collection agency and the regional income tax agency;	26149

(b) A municipal corporation acting as the agent of another	26150
municipal corporation; and	26151

(c) Persons retained by a municipal corporation to administer	26152
a tax levied by the municipal corporation, but only if the	26153
municipal corporation does not compensate the person in whole or	26154
in part on a contingency basis.	26155

(11) "Person" includes individuals, firms, companies,	26156
business trusts, estates, trusts, partnerships, limited liability	26157
companies, associations, corporations, governmental entities, and	26158
any other entity.	26159

(12) "Schedule E" means internal revenue service schedule E	26160
filed by a taxpayer pursuant to the Internal Revenue Code.	26161

(13) "Schedule F" means internal revenue service schedule F	26162
filed by a taxpayer pursuant to the Internal Revenue Code.	26163

(B) No municipal corporation shall tax income at other than a	26164
uniform rate.	26165

(C) No municipal corporation shall levy a tax on income at a	26166
rate in excess of one per cent without having obtained the	26167
approval of the excess by a majority of the electors of the	26168
municipality voting on the question at a general, primary, or	26169
special election. The legislative authority of the municipal	26170
corporation shall file with the board of elections at least ninety	26171
days before the day of the election a copy of the ordinance	26172
together with a resolution specifying the date the election is to	26173
be held and directing the board of elections to conduct the	26174
election. The ballot shall be in the following form: "Shall the	26175
Ordinance providing for a ... per cent levy on income for (Brief	26176
description of the purpose of the proposed levy) be passed?	26177

26178

		FOR THE INCOME TAX			26179
		AGAINST THE INCOME TAX	"		26180

26181

In the event of an affirmative vote, the proceeds of the levy	26182
may be used only for the specified purpose.	26183

(D)(1) Except as otherwise provided in this section, no	26184
municipal corporation shall exempt from a tax on income	26185
compensation for personal services of individuals over eighteen	26186
years of age or the net profit from a business or profession.	26187

(2)(a) For taxable years beginning on or after January 1,	26188
2004, no municipal corporation shall tax the net profit from a	26189
business or profession using any base other than the taxpayer's	26190
adjusted federal taxable income.	26191

(b) Division (D)(2)(a) of this section does not apply to any	26192
taxpayer required to file a return under section 5745.03 of the	26193
Revised Code or to the net profit from a sole proprietorship.	26194

(E)(1) The legislative authority of a municipal corporation	26195
may, by ordinance or resolution, exempt from withholding and from	26196
a tax on income the following:	26197

(a) Compensation arising from the sale, exchange, or other	26198
disposition of a stock option, the exercise of a stock option, or	26199
the sale, exchange, or other disposition of stock purchased under	26200
a stock option; or	26201

(b) Compensation attributable to a nonqualified deferred	26202
compensation plan or program described in section 3121(v)(2)(C) of	26203
the Internal Revenue Code.	26204

(2) The legislative authority of a municipal corporation may	26205
adopt an ordinance or resolution that allows a taxpayer who is an	26206
individual to deduct, in computing the taxpayer's municipal income	26207
tax liability, an amount equal to the aggregate amount the	26208
taxpayer paid in cash during the taxable year to a health savings	26209
account of the taxpayer, to the extent the taxpayer is entitled to	26210
deduct that amount on internal revenue service form 1040.	26211

(3) The legislative authority of a municipal corporation may	26212
adopt an ordinance or resolution that allows a taxpayer who has a	26213
net profit from a business or profession that is operated as a	26214
sole proprietorship to deduct from that net profit the amount that	26215
the taxpayer paid during the taxable year for medical care	26216
insurance premiums for the taxpayer, the taxpayer's spouse, and	26217
dependents as defined in section 5747.01 of the Revised Code. The	26218
deduction shall be allowed to the same extent the taxpayer is	26219
entitled to deduct the premiums on internal revenue service form	26220
1040. The deduction allowed under this division shall be net of	26221
any related premium refunds, related premium reimbursements, or	26222
related insurance premium dividends received by the taxpayer	26223
during the taxable year.	26224

(F) If an individual's taxable income includes income against	26225
which the taxpayer has taken a deduction for federal income tax	26226
purposes as reportable on the taxpayer's form 2106, and against	26227
which a like deduction has not been allowed by the municipal	26228
corporation, the municipal corporation shall deduct from the	26229
taxpayer's taxable income an amount equal to the deduction shown	26230
on such form allowable against such income, to the extent not	26231
otherwise so allowed as a deduction by the municipal corporation.	26232

(G)(1) In the case of a taxpayer who has a net profit from a	26233
business or profession that is operated as a sole proprietorship,	26234
no municipal corporation may tax or use as the base for	26235
determining the amount of the net profit that shall be considered	26236
as having a taxable situs in the municipal corporation, an amount	26237
other than the net profit required to be reported by the taxpayer	26238
on schedule C or F from such sole proprietorship for the taxable	26239
year.	26240

(2) In the case of a taxpayer who has a net profit from	26241
rental activity required to be reported on schedule E, no	26242
municipal corporation may tax or use as the base for determining	26243
the amount of the net profit that shall be considered as having a	26244
taxable situs in the municipal corporation, an amount other than	26245
the net profit from rental activities required to be reported by	26246
the taxpayer on schedule E for the taxable year.	26247

(H) A municipal corporation shall not tax any of the	26248
following:	26249

(1) The military pay or allowances of members of the armed	26250
forces of the United States and of members of their reserve	26251
components, including the Ohio national guard;	26252

(2) The income of religious, fraternal, charitable,	26253
scientific, literary, or educational institutions to the extent	26254
that such income is derived from tax-exempt real estate,	26255
tax-exempt tangible or intangible property, or tax-exempt	26256
activities;	26257

(3) Except as otherwise provided in division (I) of this	26258
section, intangible income;	26259

(4) Compensation paid under section 3501.28 or 3501.36 of the	26260
Revised Code to a person serving as a precinct election official,	26261
to the extent that such compensation does not exceed one thousand	26262
dollars annually. Such compensation in excess of one thousand	26263
dollars may be subjected to taxation by a municipal corporation. A	26264
municipal corporation shall not require the payer of such	26265
compensation to withhold any tax from that compensation.	26266

(5) Compensation paid to an employee of a transit authority,	26267
regional transit authority, or regional transit commission created	26268
under Chapter 306. of the Revised Code for operating a transit bus	26269
or other motor vehicle for the authority or commission in or	26270
through the municipal corporation, unless the bus or vehicle is	26271
operated on a regularly scheduled route, the operator is subject	26272
to such a tax by reason of residence or domicile in the municipal	26273
corporation, or the headquarters of the authority or commission is	26274
located within the municipal corporation;	26275

(6) The income of a public utility, when that public utility	26276
is subject to the tax levied under section 5727.24 or 5727.30 of	26277
the Revised Code, except a municipal corporation may tax the	26278
following, subject to Chapter 5745. of the Revised Code:	26279

(a) Beginning January 1, 2002, the income of an electric	26280
company or combined company;	26281

(b) Beginning January 1, 2004, the income of a telephone	26282
company.	26283

As used in division (H)(6) of this section, "combined	26284
company," "electric company," and "telephone company" have the	26285
same meanings as in section 5727.01 of the Revised Code.	26286

(7) On and after January 1, 2003, items excluded from federal	26287
gross income pursuant to section 107 of the Internal Revenue Code;	26288

(8) On and after January 1, 2001, compensation paid to a	26289
nonresident individual to the extent prohibited under section	26290
718.011 of the Revised Code;	26291

(9)(a) Except as provided in division (H)(9)(b) and (c) of	26292
this section, an S corporation shareholder's distributive share of	26293
net profits of the S corporation, other than any part of the	26294
distributive share of net profits that represents wages as defined	26295
in section 3121(a) of the Internal Revenue Code or net earnings	26296
from self-employment as defined in section 1402(a) of the Internal	26297
Revenue Code.	26298

(b) If, pursuant to division (H) of former section 718.01 of	26299
the Revised Code as it existed before March 11, 2004, a majority	26300
of the electors of a municipal corporation voted in favor of the	26301
question at an election held on November 4, 2003, the municipal	26302
corporation may continue after 2002 to tax an S corporation	26303
shareholder's distributive share of net profits of an S	26304
corporation.	26305

(c) If, on December 6, 2002, a municipal corporation was	26306
imposing, assessing, and collecting a tax on an S corporation	26307
shareholder's distributive share of net profits of the S	26308
corporation to the extent the distributive share would be	26309
allocated or apportioned to this state under divisions (B)(1) and	26310
(2) of section 5733.05 of the Revised Code if the S corporation	26311
were a corporation subject to taxes imposed under Chapter 5733. of	26312
the Revised Code, the municipal corporation may continue to impose	26313
the tax on such distributive shares to the extent such shares	26314
would be so allocated or apportioned to this state only until	26315
December 31, 2004, unless a majority of the electors of the	26316
municipal corporation voting on the question of continuing to tax	26317
such shares after that date vote in favor of that question at an	26318
election held November 2, 2004. If a majority of those electors	26319
vote in favor of the question, the municipal corporation may	26320
continue after December 31, 2004, to impose the tax on such	26321
distributive shares only to the extent such shares would be so	26322
allocated or apportioned to this state.	26323

(d) For the purposes of division (D) of section 718.14 of the	26324
Revised Code, a municipal corporation shall be deemed to have	26325
elected to tax S corporation shareholders' distributive shares of	26326
net profits of the S corporation in the hands of the shareholders	26327
if a majority of the electors of a municipal corporation vote in	26328
favor of a question at an election held under division (H)(9)(b)	26329
or (c) of this section. The municipal corporation shall specify by	26330
ordinance or rule that the tax applies to the distributive share	26331
of a shareholder of an S corporation in the hands of the	26332
shareholder of the S corporation.	26333

(10) Employee compensation that is not "qualifying wages" as	26334
defined in section 718.03 of the Revised Code;	26335

(11) Beginning August 1, 2007, compensation paid to a person	26336
employed within the boundaries of a United States air force base	26337
under the jurisdiction of the United States air force that is used	26338
for the housing of members of the United States air force and is a	26339
center for air force operations, unless the person is subject to	26340
taxation because of residence or domicile. If the compensation is	26341
subject to taxation because of residence or domicile, municipal	26342
income tax shall be payable only to the municipal corporation of	26343
residence or domicile.	26344

(I) Any municipal corporation that taxes any type of	26345
intangible income on March 29, 1988, pursuant to Section 3 of	26346
Amended Substitute Senate Bill No. 238 of the 116th general	26347
assembly, may continue to tax that type of income after 1988 if a	26348
majority of the electors of the municipal corporation voting on	26349
the question of whether to permit the taxation of that type of	26350
intangible income after 1988 vote in favor thereof at an election	26351
held on November 8, 1988.	26352

(J) Nothing in this section or section 718.02 of the Revised	26353
Code shall authorize the levy of any tax on income that a	26354
municipal corporation is not authorized to levy under existing	26355
laws or shall require a municipal corporation to allow a deduction	26356
from taxable income for losses incurred from a sole proprietorship	26357
or partnership.	26358

(K)(1) Nothing in this chapter prohibits a municipal	26359
corporation from allowing, by resolution or ordinance, a net	26360
operating loss carryforward.	26361

(2) Nothing in this chapter requires a municipal corporation	26362
to allow a net operating loss carryforward.	26363

(L)(1) A single member limited liability company that is a	26364
disregarded entity for federal tax purposes may elect to be a	26365
separate taxpayer from its single member in all Ohio municipal	26366
corporations in which it either filed as a separate taxpayer or	26367
did not file for its taxable year ending in 2003, if all of the	26368
following conditions are met:	26369

(a) The limited liability company's single member is also a	26370
limited liability company;	26371

(b) The limited liability company and its single member were	26372
formed and doing business in one or more Ohio municipal	26373
corporations for at least five years before January 1, 2004;	26374

(c) Not later than December 31, 2004, the limited liability	26375
company and its single member each make an election to be treated	26376
as a separate taxpayer under division (L) of this section;	26377

(d) The limited liability company was not formed for the	26378
purpose of evading or reducing Ohio municipal corporation income	26379
tax liability of the limited liability company or its single	26380
member;	26381

(e) The Ohio municipal corporation that is the primary place	26382
of business of the sole member of the limited liability company	26383
consents to the election.	26384

(2) For purposes of division (L)(1)(e) of this section, a	26385
municipal corporation is the primary place of business of a	26386
limited liability company if, for the limited liability company's	26387
taxable year ending in 2003, its income tax liability is greater	26388
in that municipal corporation than in any other municipal	26389
corporation in Ohio, and that tax liability to that municipal	26390
corporation for its taxable year ending in 2003 is at least four	26391
hundred thousand dollars.	26392

Sec. 718.09. (A) This section applies to either of the	26393
following:	26394

(1) A municipal corporation that shares the same territory as	26395
a city, local, or exempted village school district, to the extent	26396
that not more than five per cent of the territory of the municipal	26397
corporation is located outside the school district and not more	26398
than five per cent of the territory of the school district is	26399
located outside the municipal corporation;	26400

(2) A municipal corporation that shares the same territory as	26401
a city, local, or exempted village school district, to the extent	26402
that not more than five per cent of the territory of the municipal	26403
corporation is located outside the school district, more than five	26404
per cent but not more than ten per cent of the territory of the	26405
school district is located outside the municipal corporation, and	26406
that portion of the territory of the school district that is	26407
located outside the municipal corporation is located entirely	26408
within another municipal corporation having a population of four	26409
hundred thousand or more according to the federal decennial census	26410
most recently completed before the agreement is entered into under	26411
division (B) of this section.	26412

(B) The legislative authority of a municipal corporation to	26413
which this section applies may propose to the electors an income	26414
tax, one of the purposes of which shall be to provide financial	26415
assistance to the school district through payment to the district	26416
of not less than twenty-five per cent of the revenue generated by	26417
the tax, except that the legislative authority may not propose to	26418
levy the income tax on the incomes of nonresident individuals.	26419
Prior to proposing the tax, the legislative authority shall	26420
negotiate and enter into a written agreement with the board of	26421
education of the school district specifying the tax rate, the	26422
percentage of tax revenue to be paid to the school district, the	26423
purpose for which the school district will use the money, the	26424
first year the tax will be levied, the date of the special	26425
election on the question of the tax, and the method and schedule	26426
by which the municipal corporation will make payments to the	26427
school district. The special election shall be held on a day	26428
specified in division (D) of section 3501.01 of the Revised Code,	26429
except that the special election may not be held on the day for	26430
holding a primary election as authorized by the municipal	26431
corporation's charter unless the municipal corporation is to have	26432
a primary election on that day.	26433

After the legislative authority and board of education have	26434
entered into the agreement, the legislative authority shall	26435
provide for levying the tax by ordinance. The ordinance shall	26436
state the tax rate, the percentage of tax revenue to be paid to	26437
the school district, the purpose for which the municipal	26438
corporation will use its share of the tax revenue, the first year	26439
the tax will be levied, and that the question of the income tax	26440
will be submitted to the electors of the municipal corporation.	26441
The legislative authority also shall adopt a resolution specifying	26442
the regular or special election date the election will be held and	26443
directing the board of elections to conduct the election. At least	26444
ninety days before the date of the election, the legislative	26445
authority shall file certified copies of the ordinance and	26446
resolution with the board of elections.	26447

(C) The board of elections shall make the necessary	26448
arrangements for the submission of the question to the electors of	26449
the municipal corporation, and shall conduct the election in the	26450
same manner as any other municipal income tax election. Notice of	26451
the election shall be published in a newspaper of general	26452
circulation in the municipal corporation once a week for four	26453
consecutive weeks, or as provided in section 7.16 of the Revised	26454
Code, prior to the election, and shall include statements of the	26455
rate and municipal corporation and school district purposes of the	26456
income tax, the percentage of tax revenue that will be paid to the	26457
school district, and the first year the tax will be levied. The	26458
ballot shall be in the following form:	26459

"Shall the ordinance providing for a ..... per cent levy on	26460
income for (brief description of the municipal corporation and	26461
school district purposes of the levy, including a statement of the	26462
percentage of tax revenue that will be paid to the school	26463
district) be passed? The income tax, if approved, will not be	26464
levied on the incomes of individuals who do not reside in (the	26465
name of the municipal corporation).	26466

26467

		For the income tax			26468
		Against the income tax	"		26469

26470

(D) If the question is approved by a majority of the	26471
electors, the municipal corporation shall impose the income tax	26472
beginning in the year specified in the ordinance. The proceeds of	26473
the levy may be used only for the specified purposes, including	26474
payment of the specified percentage to the school district.	26475

Sec. 718.10. (A) This section applies to a group of two or	26476
more municipal corporations that, taken together, share the same	26477
territory as a single city, local, or exempted village school	26478
district, to the extent that not more than five per cent of the	26479
territory of the municipal corporations as a group is located	26480
outside the school district and not more than five per cent of the	26481
territory of the school district is located outside the municipal	26482
corporations as a group.	26483

(B) The legislative authorities of the municipal corporations	26484
in a group of municipal corporations to which this section applies	26485
each may propose to the electors an income tax, to be levied in	26486
concert with income taxes in the other municipal corporations of	26487
the group, except that a legislative authority may not propose to	26488
levy the income tax on the incomes of individuals who do not	26489
reside in the municipal corporation. One of the purposes of such a	26490
tax shall be to provide financial assistance to the school	26491
district through payment to the district of not less than	26492
twenty-five per cent of the revenue generated by the tax. Prior to	26493
proposing the taxes, the legislative authorities shall negotiate	26494
and enter into a written agreement with each other and with the	26495
board of education of the school district specifying the tax rate,	26496
the percentage of the tax revenue to be paid to the school	26497
district, the first year the tax will be levied, and the date of	26498
the election on the question of the tax, all of which shall be the	26499
same for each municipal corporation. The agreement also shall	26500
state the purpose for which the school district will use the	26501
money, and specify the method and schedule by which each municipal	26502
corporation will make payments to the school district. The special	26503
election shall be held on a day specified in division (D) of	26504
section 3501.01 of the Revised Code, including a day on which all	26505
of the municipal corporations are to have a primary election.	26506

After the legislative authorities and board of education have	26507
entered into the agreement, each legislative authority shall	26508
provide for levying its tax by ordinance. Each ordinance shall	26509
state the rate of the tax, the percentage of tax revenue to be	26510
paid to the school district, the purpose for which the municipal	26511
corporation will use its share of the tax revenue, and the first	26512
year the tax will be levied. Each ordinance also shall state that	26513
the question of the income tax will be submitted to the electors	26514
of the municipal corporation on the same date as the submission of	26515
questions of an identical tax to the electors of each of the other	26516
municipal corporations in the group, and that unless the electors	26517
of all of the municipal corporations in the group approve the tax	26518
in their respective municipal corporations, none of the municipal	26519
corporations in the group shall levy the tax. Each legislative	26520
authority also shall adopt a resolution specifying the regular or	26521
special election date the election will be held and directing the	26522
board of elections to conduct the election. At least ninety days	26523
before the date of the election, each legislative authority shall	26524
file certified copies of the ordinance and resolution with the	26525
board of elections.	26526

(C) For each of the municipal corporations, the board of	26527
elections shall make the necessary arrangements for the submission	26528
of the question to the electors, and shall conduct the election in	26529
the same manner as any other municipal income tax election. For	26530
each of the municipal corporations, notice of the election shall	26531
be published in a newspaper of general circulation in the	26532
municipal corporation once a week for four consecutive weeks, or	26533
as provided in section 7.16 of the Revised Code, prior to the	26534
election. The notice shall include a statement of the rate and	26535
municipal corporation and school district purposes of the income	26536
tax, the percentage of tax revenue that will be paid to the school	26537
district, and the first year the tax will be levied, and an	26538
explanation that the tax will not be levied unless an identical	26539
tax is approved by the electors of each of the other municipal	26540
corporations in the group. The ballot shall be in the following	26541
form:	26542

"Shall the ordinance providing for a ... per cent levy on	26543
income for (brief description of the municipal corporation and	26544
school district purposes of the levy, including a statement of the	26545
percentage of income tax revenue that will be paid to the school	26546
district) be passed? The income tax, if approved, will not be	26547
levied on the incomes of individuals who do not reside in (the	26548
name of the municipal corporation). In order for the income tax to	26549
be levied, the voters of (the other municipal corporations in the	26550
group), which are also in the (name of the school district) school	26551
district, must approve an identical income tax and agree to pay	26552
the same percentage of the tax revenue to the school district.	26553

26554

		For the income tax			26555
		Against the income tax	"		26556

26557

(D) If the question is approved by a majority of the electors	26558
and identical taxes are approved by a majority of the electors in	26559
each of the other municipal corporations in the group, the	26560
municipal corporation shall impose the tax beginning in the year	26561
specified in the ordinance. The proceeds of the levy may be used	26562
only for the specified purposes, including payment of the	26563
specified percentage to the school district.	26564

Sec. 719.012. In order to rehabilitate a building or	26565
structure that a municipal corporation determines to be a blighted	26566
property as defined in section 1.08 of the Revised Code, a	26567
municipal corporation may appropriate, in the manner provided in	26568
sections 163.01 to 163.22 of the Revised Code, any such building	26569
or structure and the real property of which it is a part. The	26570
municipal corporation shall rehabilitate the building or structure	26571
or cause it to be rehabilitated within two years after the	26572
appropriation, so that the building or structure is no longer a	26573
public nuisance, insecure, unsafe, structurally defective,	26574
unhealthful, or unsanitary, or a threat to the public health,	26575
safety, or welfare, or in violation of a building code or	26576
ordinance adopted under section 731.231 of the Revised Code. Any	26577
building or structure appropriated pursuant to this section which	26578
is not rehabilitated within two years shall be demolished.	26579

If during the rehabilitation process the municipal	26580
corporation retains title to the building or structure and the	26581
real property of which it is a part, then within one hundred	26582
eighty days after the rehabilitation is complete, the municipal	26583
corporation shall appraise the rehabilitated building or structure	26584
and the real property of which it is a part, and shall sell the	26585
building or structure and property at public auction. The	26586
municipal corporation shall advertise the public auction in a	26587
newspaper of general circulation in the municipal corporation once	26588
a week for three consecutive weeks, or as provided in section 7.16	26589
of the Revised Code, prior to the date of sale. The municipal	26590
corporation shall sell the building or structure and real property	26591
to the highest and best bidder. No property that a municipal	26592
corporation acquires pursuant to this section shall be leased.	26593

Sec. 719.05. The mayor of a municipal corporation shall,	26594
immediately upon the passage of a resolution under section 719.04	26595
of the Revised Code, declaring an intent to appropriate property,	26596
for which but one reading is necessary, cause written notice to be	26597
given to the owner of, person in possession of, or person having	26598
an interest of record in, every piece of property sought to be	26599
appropriated, or to ~~his~~the authorized agent of the owner or other	26600
such person. Such notice shall be served by a person designated	26601
for the purpose and return made in the manner provided for the	26602
service and return of summons in civil actions. If such owner,	26603
person, or agent cannot be found, notice shall be given by	26604
publication once a week for three consecutive weeks in a newspaper	26605
of general circulation in the municipal corporation or as provided	26606
in section 7.16 of the Revised Code, and the legislative authority	26607
may thereupon pass an ordinance by a two-thirds vote of all	26608
members elected thereto, directing such appropriation to proceed.	26609

Sec. 721.03. No contract, except as provided in section	26610
721.28 of the Revised Code, for the sale or lease of real estate	26611
belonging to a municipal corporation shall be made unless	26612
authorized by an ordinance, approved by a two-thirds vote of the	26613
members of the legislative authority of such municipal	26614
corporation, and by the board or officer having supervision or	26615
management of such real estate. When the contract is so	26616
authorized, it shall be made in writing by such board or officer,	26617
and, except as provided in section 721.27 of the Revised Code,	26618
only with the highest bidder, after advertisement once a week for	26619
five consecutive weeks in a newspaper of general circulation	26620
within the municipal corporation or as provided in section 7.16 of	26621
the Revised Code. Such board or officer may reject any bids and	26622
readvertise until all such real estate is sold or leased.	26623

Sec. 721.15. (A) Personal property not needed for municipal	26624
purposes, the estimated value of which is less than one thousand	26625
dollars, may be sold by the board or officer having supervision or	26626
management of that property. If the estimated value of that	26627
property is one thousand dollars or more, it shall be sold only	26628
when authorized by an ordinance of the legislative authority of	26629
the municipal corporation and approved by the board, officer, or	26630
director having supervision or management of that property. When	26631
so authorized, the board, officer, or director shall make a	26632
written contract with the highest and best bidder after	26633
advertisement for not less than two ornor more than four	26634
consecutive weeks in a newspaper of general circulation within the	26635
municipal corporation or as provided in section 7.16 of the	26636
Revised Code, or with a board of county commissioners upon such	26637
lawful terms as are agreed upon, as provided by division (B)(1) of	26638
section 721.27 of the Revised Code.	26639

(B) When the legislative authority finds, by resolution, that	26640
the municipal corporation has vehicles, equipment, or machinery	26641
which is obsolete, or is not needed or is unfit for public use,	26642
that the municipal corporation has need of other vehicles,	26643
equipment, or machinery of the same type, and that it will be in	26644
the best interest of the municipal corporation that the sale of	26645
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	26646
made simultaneously with the purchase of the new vehicles,	26647
equipment, or machinery of the same type, the legislative	26648
authority may offer to sell, or authorize a board, officer, or	26649
director of the municipal corporation having supervision or	26650
management of the property to offer to sell, those vehicles,	26651
equipment, or machinery and to have the selling price credited	26652
against the purchase price of other vehicles, equipment, or	26653
machinery and to consummate the sale and purchase by a single	26654
contract with the lowest and best bidder to be determined by	26655
subtracting from the selling price of the vehicles, equipment, or	26656
machinery to be purchased by the municipal corporation the	26657
purchase price offered for the municipally-owned vehicles,	26658
equipment, or machinery. When the legislative authority or the	26659
authorized board, officer, or director of a municipal corporation	26660
advertises for bids for the sale of new vehicles, equipment, or	26661
machinery to the municipal corporation, they may include in the	26662
same advertisement a notice of willingness to accept bids for the	26663
purchase of municipally-owned vehicles, equipment, or machinery	26664
which is obsolete, or is not needed or is unfit for public use,	26665
and to have the amount of those bids subtracted from the selling	26666
price as a means of determining the lowest and best bidder.	26667

(C) If the legislative authority of the municipal corporation	26668
determines that municipal personal property is not needed for	26669
public use, or is obsolete or unfit for the use for which it was	26670
acquired, and that the property has no value, the legislative	26671
authority may discard or salvage that property.	26672

(D) Notwithstanding anything to the contrary in division (A)	26673
or (B) of this section and regardless of the property's value, the	26674
legislative authority of a municipal corporation may sell personal	26675
property, including motor vehicles acquired for the use of	26676
municipal officers and departments, and road machinery, equipment,	26677
tools, or supplies, which is not needed for public use, or is	26678
obsolete or unfit for the use for which it was acquired, by	26679
internet auction. The legislative authority shall adopt, during	26680
each calendar year, a resolution expressing its intent to sell	26681
that property by internet auction. The resolution shall include a	26682
description of how the auctions will be conducted and shall	26683
specify the number of days for bidding on the property, which	26684
shall be no less than ten days, including Saturdays, Sundays, and	26685
legal holidays. The resolution shall indicate whether the	26686
municipal corporation will conduct the auction or the legislative	26687
authority will contract with a representative to conduct the	26688
auction and shall establish the general terms and conditions of	26689
sale. If a representative is known when the resolution is adopted,	26690
the resolution shall provide contact information such as the	26691
representative's name, address, and telephone number.	26692

After adoption of the resolution, the legislative authority	26693
shall publish, in a newspaper of general circulation in the	26694
municipal corporation or as provided in section 7.16 of the	26695
Revised Code, notice of its intent to sell unneeded, obsolete, or	26696
unfit municipal personal property by internet auction. The notice	26697
shall include a summary of the information provided in the	26698
resolution and shall be published ~~at least~~ twice. The second ~~and~~	26699
~~any subsequent~~ notice shall be published not less than ten nor	26700
more than twenty days after the previous notice. A similar notice	26701
also shall be posted continually throughout the calendar year in a	26702
conspicuous place in the offices of the village clerk or city	26703
auditor, and the legislative authority~~, and, if~~. If the municipal	26704
corporation maintains a ~~website~~web site on the internet, the	26705
notice shall be posted continually throughout the calendar year at	26706
that ~~website~~web site.	26707

When the property is to be sold by internet auction, the	26708
legislative authority or its representative may establish a	26709
minimum price that will be accepted for specific items and may	26710
establish any other terms and conditions for the particular sale,	26711
including requirements for pick-up or delivery, method of payment,	26712
and sales tax. This type of information shall be provided on the	26713
internet at the time of the auction and may be provided before	26714
that time upon request after the terms and conditions have been	26715
determined by the legislative authority or its representative.	26716

Sec. 721.20. Notice of the filing, pendency, and prayer of	26717
the petition provided for by section 721.19 of the Revised Code	26718
shall be published for four consecutive weeks or as provided in	26719
section 7.16 of the Revised Code, prior to the day of hearing, in	26720
a newspaper ~~published in the municipal corporation, or if there is~~	26721
~~none, then in a newspaper published in the county, and~~ of general	26722
circulation in such municipal corporation.	26723

Sec. 723.07. No street or alley shall be vacated or narrowed	26724
unless notice of the pendency and prayer of the petition under	26725
section 723.04 of the Revised Code is given by publishing, in a	26726
newspaper ~~published or~~ of general circulation in such municipal	26727
corporation, for six consecutive weeks preceding action on such	26728
petition, or~~, where~~as provided in section 7.16 of the Revised	26729
Code preceding action on the petition. Where no newspaper is	26730
~~published~~of general circulation in the municipal corporation,	26731
notice shall be given by posting the notice in three public places	26732
therein six weeks preceding such action. Action thereon shall take	26733
place within three months after the completion of the notice.	26734

Sec. 727.011. For the purpose of controlling the blight and	26735
disease of shade trees within public rights-of-way, and for	26736
planting, maintaining, trimming, and removing shade trees in and	26737
along the streets of a municipality, the legislative authority of	26738
such municipal corporation may establish one or more districts in	26739
the municipality designating the boundaries thereof, and may each	26740
year thereafter, by ordinance, designate the district in which	26741
such control, planting, care, and maintenance shall be effected,	26742
setting forth an estimate of the cost and providing for the levy	26743
of a special assessment upon all the real property in the	26744
district, in the amount and in the manner provided in section	26745
727.01 of the Revised Code, for planting, maintaining, trimming,	26746
and removing shade trees. The ordinance shall be adopted ~~and~~	26747
~~published~~ as other ordinances and a succinct summary of the	26748
ordinance shall be published in the manner provided in section	26749
731.21 of the Revised Code. Bonds and anticipatory notes may be	26750
issued in anticipation of the collection of such special	26751
assessments, under section 133.17 of the Revised Code.	26752

Sec. 727.012. For the purpose of constructing, maintaining,	26753
repairing, cleaning, and enclosing ditches, the legislative	26754
authority of such municipal corporation may establish one or more	26755
districts in the municipality designating the boundaries thereof,	26756
and may each year thereafter, by ordinance, designate the district	26757
in which such constructing, maintaining, repairing, cleaning, and	26758
enclosing of ditches shall be effected, setting forth an estimate	26759
of the cost and providing for the levying of a special assessment	26760
upon all the real property in the district, in the amount and in	26761
the manner provided in section 727.01 of the Revised Code, for	26762
constructing, maintaining, repairing, cleaning, and enclosing	26763
ditches. The ordinance shall be adopted ~~and published~~ as other	26764
ordinances and a succinct summary of the ordinance shall be	26765
published in the manner provided in section 731.21 of the Revised	26766
Code. Bonds and anticipatory notes may be issued in anticipation	26767
of the collection of such special assessments, under section	26768
133.17 of the Revised Code.	26769

Sec. 727.08. The cost of any public improvement to be paid	26770
for directly or indirectly, in whole or in part, by funds derived	26771
from special assessments may include but not be limited to:	26772

(A) The purchase price of real estate or any interest therein	26773
when acquired by purchase, or not more than fifty per cent of the	26774
cost of acquiring such real estate or any interest therein when	26775
acquired by appropriation;	26776

(B) The cost of preliminary and other surveys;

26777

(C) The cost of preparing plans, specifications, profiles,	26778
and estimates except, to the extent that costs of plans,	26779
specifications, and estimates of cost have been paid for by the	26780
levy of assessments under section 729.11 of the Revised Code, such	26781
costs shall not be included in determining the cost of the	26782
improvement under this section;	26783

(D) The cost of printing, serving, and publishing notices,	26784
and summaries of resolutions, and ordinances;	26785

(E) The cost of all special proceedings;

26786

(F) The cost of labor and material, whether furnished by	26787
contract or otherwise;	26788

(G) Interest on securities issued in anticipation of the levy	26789
and collection of the special assessments or, if securities in	26790
anticipation of the levy of the special assessments are not	26791
issued, interest, at a rate to be determined by the legislative	26792
authority in the resolution of necessity adopted pursuant to	26793
section 727.12 of the Revised Code, on moneys advanced by the	26794
municipal corporation for the cost of the public improvement in	26795
anticipation of the levy of the special assessments;	26796

(H) The total amount of damages, resulting from the	26797
improvement, assessed in favor of any owner of lands affected by	26798
the improvement, and interest thereon;	26799

(I) The cost incurred in connection with the preparation,	26800
levy, and collection of the special assessments, including legal	26801
expenses incurred by reason of the improvement;	26802

(J) Incidental costs directly connected with the improvement.

26803

Sec. 727.14. In lieu of the procedure provided in section	26804
727.13 of the Revised Code, the legislative authority may provide	26805
for notice of the passage of a resolution of necessity providing	26806
for the lighting, sprinkling, sweeping, or cleaning of any street,	26807
alley, public road, or place, or parts thereof or for treating the	26808
surface of the same with dust-laying or preservative substances,	26809
or for the planting, maintaining, and removing of shade trees, or	26810
for the constructing, maintaining, repairing, cleaning, and	26811
enclosing of ditches, and the filing of the estimated assessment	26812
under section 727.12 of the Revised Code, to be given by	26813
publication of such notice once a week for two consecutive weeks	26814
in a newspaper of general circulation in the municipal corporation	26815
or as provided in section 7.16 of the Revised Code. When it	26816
appears from the estimated assessment filed as provided by section	26817
727.12 of the Revised Code, that the assessment against the owner	26818
of any lot or parcel of land will exceed two hundred fifty	26819
dollars, such owner shall be notified of the assessment in the	26820
manner provided in section 727.13 of the Revised Code.	26821

Sec. 727.46. When a general plan has been prepared under	26822
section 727.44 of the Revised Code and reported to the legislative	26823
authority, it shall be filed with the clerk of the legislative	26824
authority and the legislative authority shall cause its clerk to	26825
publish, once a week for two consecutive weeks in a newspaper of	26826
general circulation in the municipal corporation or as provided in	26827
section 7.16 of the Revised Code, a notice stating that such	26828
general plan has been prepared and is on file in the office of the	26829
clerk of the legislative authority for examination by interested	26830
persons and that written objections to such plan may be filed in	26831
the office of such clerk before the date specified in the notice,	26832
which shall not be earlier than the seventeenth day following the	26833
date of the first publication in said newspaper. Any person having	26834
an objection to the general plan shall file such objection in	26835
writing, with the clerk of the legislative authority within the	26836
time specified.	26837

Sec. 729.08. The legislative authority of the municipal	26838
corporation shall cause a notice to be published for three	26839
consecutive weeks in a newspaper of general circulation in the	26840
municipal corporation or as provided in section 7.16 of the	26841
Revised Code, stating that such list of estimated assessments has	26842
been made and is on file in the office of the clerk of the	26843
legislative authority for the inspection and examination of	26844
persons interested therein.	26845

If any person objects to an assessment on such list, hethe	26846
person shall file ~~his~~the objection in writing with the clerk of	26847
the legislative authority within two weeks after the expiration of	26848
the notice provided in this section.	26849

Sec. 729.11. In addition to the power conferred upon	26850
municipal corporations under section 727.01 of the Revised Code to	26851
levy and collect special assessments, the legislative authority of	26852
a municipal corporation may, whenever it has determined by	26853
ordinance that it is necessary to construct, enlarge, or improve a	26854
system of storm or sanitary sewerage for the municipal corporation	26855
or any part thereof, including sewage disposal works, treatment	26856
plants, and sewage pumping stations, or a water supply system for	26857
the municipal corporation or any part thereof including mains,	26858
dams, reservoirs, wells, intakes, purification works, and pumping	26859
stations, and that any such improvement shall be constructed,	26860
enlarged, or improved, may levy upon property to be benefited in	26861
the municipal corporation or any designated part thereof, which	26862
property shall be described in the ordinance, a preliminary	26863
assessment upon the benefited lots and lands within the	26864
corporation or such part thereof, apportioned according to	26865
benefits or to the tax valuation or partly by one method and	26866
partly by the other, as the legislative authority determines for	26867
the purpose of paying the costs of general and detailed plans,	26868
specifications, estimates, preparation of the tentative	26869
assessment, financing, and legal services incident to the	26870
preparation of such plans, and a plan for financing the proposed	26871
improvements.	26872

Prior to the adoption of such ordinance, the legislative	26873
authority of such municipal corporation shall give notice of the	26874
pendency thereof and of the proposed determination of the	26875
necessity of the improvement therein generally described, which	26876
notice shall set forth the description of the benefited property	26877
as designated in the ordinance and the time and place of hearing	26878
of objections to and endorsements of the improvement. Such notice	26879
shall be given by publication in a newspaper of general	26880
circulation in the municipal corporation once a week for two	26881
consecutive weeks or as provided in section 7.16 of the Revised	26882
Code, the first publication to be at least two weeks prior to the	26883
date set for the hearing. At such hearing, or at any adjournment	26884
thereof, of which no further published notice need be given, the	26885
legislative authority shall hear all persons whose properties are	26886
proposed to be assessed, and such evidence as is deemed to be	26887
necessary, and shall then determine the necessity of the proposed	26888
improvement and in addition shall determine whether the	26889
improvement shall be made by the municipal corporation, and shall	26890
direct the preparation of tentative assessments upon the benefited	26891
properties and by whom they shall be prepared.	26892

Such assessments shall be in the amount determined to be	26893
necessary by the legislative authority to pay the costs of general	26894
and detailed plans, specifications, estimates of cost, preparation	26895
of the tentative assessment, financing and legal services incident	26896
to the preparation of such plans, and a plan of financing the	26897
proposed improvements, and shall be payable in such number of	26898
years as the legislative authority determines, not to exceed	26899
twenty, together with interest on any notes which may be issued in	26900
anticipation of the collection of such assessments.	26901

The legislative authority may at any time levy additional	26902
assessments according to benefits or to tax valuation or partly by	26903
one method and partly by the other as the legislative authority	26904
determines for such purposes upon such properties to complete the	26905
payment of such costs or to pay the cost of any additional plans,	26906
specifications, estimates of cost, tentative assessments, and the	26907
cost of financing and legal services incident to the preparation	26908
of such plans and such plan of financing, which additional	26909
assessments shall be payable in such number of years as the	26910
legislative authority determines, not to exceed twenty years,	26911
together with interest on any notes and bonds which may be issued	26912
in anticipation of the collection thereof.	26913

Upon completion of the tentative assessments or any	26914
additional assessments, they shall be filed with the clerk of the	26915
legislative authority and shall be and remain open to public	26916
inspection, and thereupon, the legislative authority shall give at	26917
least ten days' notice of the filing thereof in one newspaper of	26918
general circulation in the municipal corporation, or shall give	26919
notice as provided in section 7.16 of the Revised Code, which	26920
notice shall state the time and place when and where such	26921
tentative assessments shall be taken up for consideration. At such	26922
time and place or at any adjournment thereof, of which no further	26923
published notice need be given, the legislative authority shall	26924
hear all persons whose properties are proposed to be assessed,	26925
shall correct any errors and make any revisions that appear to be	26926
necessary or just, and may then pass an ordinance levying upon the	26927
properties determined to be benefited such assessments as so	26928
corrected and revised.	26929

The assessments levied by such ordinance shall be certified	26930
to the county auditor for collection as other taxes in the year or	26931
years in which they are payable; provided any such assessment in	26932
the amount of five dollars or less, or any unpaid balance of any	26933
such assessment which is five dollars or less, shall be paid in	26934
full, and not in installments, at the time the first or next	26935
installment would otherwise become due and payable.	26936

Upon the adoption of such ordinance levying assessments the	26937
legislative authority may authorize contracts to carry out the	26938
purposes for which such assessments have been levied without the	26939
prior issuance of notes and bonds; provided that the payments due	26940
by the municipal corporation do not fall due prior to the times in	26941
which such assessments shall be collected. The municipal	26942
corporation may also issue and sell its bonds with a maximum	26943
maturity of twenty years in anticipation of the collection of such	26944
assessments and may issue its notes in anticipation of the	26945
issuance of such bonds, which notes and bonds shall be issued and	26946
sold as provided in Chapter 133. of the Revised Code.	26947

Sec. 731.14. All contracts made by the legislative authority	26948
of a village shall be executed in the name of the village and	26949
signed on its behalf by the mayor and clerk. Except where the	26950
contract is for equipment, services, materials, or supplies to be	26951
purchased under division (D) of section 713.23 or section 125.04	26952
or 5513.01 of the Revised Code, available from a qualified	26953
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	26954
Revised Code, or required to be purchased from a qualified	26955
nonprofit agency under sections 125.60 to 125.6012 of the Revised	26956
Code, when any expenditure, other than the compensation of persons	26957
employed in the village, exceeds ~~twenty-five~~fifty thousand	26958
dollars, such contracts shall be in writing and made with the	26959
lowest and best bidder after advertising once a week for not less	26960
than two consecutive weeks in a newspaper of general circulation	26961
within the village. The legislative authority may also cause	26962
notice to be inserted in trade papers or other publications	26963
designated by it or to be distributed by electronic means,	26964
including posting the notice on the legislative authority's	26965
internet web site. If the legislative authority posts the notice	26966
on its web site, it may eliminate the second notice otherwise	26967
required to be published in a newspaper of general circulation	26968
within the village, provided that the first notice published in	26969
such newspaper meets all of the following requirements:	26970

(A) It is published at least two weeks before the opening of	26971
bids.	26972

(B) It includes a statement that the notice is posted on the	26973
legislative authority's internet web site.	26974

(C) It includes the internet address of the legislative	26975
authority's internet web site.	26976

(D) It includes instructions describing how the notice may be	26977
accessed on the legislative authority's internet web site.	26978

The bids shall be opened and shall be publicly read by the	26979
clerk of the village or a person designated by the clerk at the	26980
time, date, and place specified in the advertisement to bidders or	26981
specifications. The time, date, and place of bid openings may be	26982
extended to a later date by the legislative authority of the	26983
village, provided that written or oral notice of the change shall	26984
be given to all persons who have received or requested	26985
specifications no later than ninety-six hours prior to the	26986
original time and date fixed for the opening. This section does	26987
not apply to those villages that have provided for the appointment	26988
of a village administrator under section 735.271 of the Revised	26989
Code.	26990

Sec. 731.141. In those villages that have established the	26991
position of village administrator, as provided by section 735.271	26992
of the Revised Code, the village administrator shall make	26993
contracts, purchase supplies and materials, and provide labor for	26994
any work under the administrator's supervision involving not more	26995
than twenty-five thousand dollars. When an expenditure, other than	26996
the compensation of persons employed by the village, exceeds	26997
twenty-five thousand dollars, the expenditure shall first be	26998
authorized and directed by ordinance of the legislative authority	26999
of the village. When so authorized and directed, except where the	27000
contract is for equipment, services, materials, or supplies to be	27001
purchased under division (D) of section 713.23 or section 125.04	27002
or 5513.01 of the Revised Code, available from a qualified	27003
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	27004
Revised Code, or required to be purchased from a qualified	27005
nonprofit agency under sections 125.60 to 125.6012 of the Revised	27006
Code, the village administrator shall make a written contract with	27007
the lowest and best bidder after advertisement for not less than	27008
two nor more than four consecutive weeks in a newspaper of general	27009
circulation within the village or as provided in section 7.16 of	27010
the Revised Code. The bids shall be opened and shall be publicly	27011
read by the village administrator or a person designated by the	27012
village administrator at the time, date, and place as specified in	27013
the advertisement to bidders or specifications. The time, date,	27014
and place of bid openings may be extended to a later date by the	27015
village administrator, provided that written or oral notice of the	27016
change shall be given to all persons who have received or	27017
requested specifications no later than ninety-six hours prior to	27018
the original time and date fixed for the opening. All contracts	27019
shall be executed in the name of the village and signed on its	27020
behalf by the village administrator and the clerk.	27021

The legislative authority of a village may provide, by	27022
ordinance, for central purchasing for all offices, departments,	27023
divisions, boards, and commissions of the village, under the	27024
direction of the village administrator, who shall make contracts,	27025
purchase supplies or materials, and provide labor for any work of	27026
the village in the manner provided by this section.	27027

Sec. 731.20. Ordinances, resolutions, and bylaws shall be	27028
authenticated by the signature of the presiding officer and clerk	27029
of the legislative authority of the municipal corporation.	27030
~~Ordinances~~A succinct summary of ordinances of a general nature or	27031
providing for improvements shall be published as provided by	27032
sections 731.21 and 731.22 of the Revised Code before going into	27033
operation. No ordinance shall take effect until the expiration of	27034
ten days after the first publication of such notice. As soon as a	27035
bylaw, resolution, or ordinance is passed and signed, it shall be	27036
recorded by the clerk in a book furnished by the legislative	27037
authority for that purpose.	27038

Sec. 731.21. (A) ~~Notwithstanding any conflicting provision~~	27039
~~of section 7.12 of the Revised Code,~~A succinct summary of each	27040
municipal ordinance or resolution~~, or a succinct summary of each~~	27041
~~municipal ordinance and resolution,~~ and all statements, orders,	27042
proclamations, notices, and reports required by law or ordinance	27043
to be published shall be published ~~as follows:~~	27044

~~(1) In two English language newspapers of opposite politics,~~	27045
~~published and~~in a newspaper of general circulation in the	27046
municipal corporation~~, if there are any such newspapers;~~	27047

~~(2) If two English language newspapers of opposite politics~~	27048
~~are not published and of general circulation in the municipal~~	27049
~~corporation, then in one such political newspaper and one other~~	27050
~~English language newspaper published and of general circulation~~	27051
~~therein;~~	27052

~~(3) If only one english language newspaper is published and~~	27053
~~of general circulation in the municipal corporation, then in that~~	27054
~~newspaper;~~	27055

~~(4) If no english language newspaper is published and of~~	27056
~~general circulation in the municipal corporation, then in any~~	27057
~~English language newspaper of general circulation therein or by~~	27058
~~posting as provided in section 731.25 of the Revised Code, at the~~	27059
~~option of the legislative authority of such municipal corporation~~.	27060
Proof of the publication and required circulation of any newspaper	27061
used as a medium of publication as provided by this section shall	27062
be made by affidavit of the proprietor of ~~either of such~~	27063
~~newspapers~~the newspaper, and shall be filed with the clerk of the	27064
legislative authority.	27065

(B) ~~If a summary of an ordinance or resolution is published~~	27066
~~under division (A) of this section, the~~The publication shall	27067
contain notice that the complete text of each such ordinance or	27068
resolution may be obtained or viewed at the office of the clerk of	27069
the legislative authority of the municipal corporation and may be	27070
viewed at any other location designated by the legislative	27071
authority of the municipal corporation. The city director of law,	27072
village solicitor, or other chief legal officer of the municipal	27073
corporation shall review ~~any~~the summary of an ordinance or	27074
resolution published under this section prior to forwarding it to	27075
the clerk for publication, to ensure that the summary is legally	27076
accurate and sufficient.	27077

(C) Upon publication of a summary of an ordinance or	27078
resolution in accordance with this section, the clerk of the	27079
legislative authority shall supply a copy of the complete text of	27080
each such ordinance or resolution to any person, upon request, and	27081
may charge a reasonable fee, set by the legislative authority, for	27082
each copy supplied. The clerk shall post a copy of the text at ~~his~~	27083
the clerk's office and at every other location designated by the	27084
legislative authority.	27085

Sec. 731.211. In accordance with Section 9 of Article XVIII,	27086
Ohio Constitution, notice of proposed amendments to municipal	27087
charters shall be given in one of the following ways:	27088

(A) Not less than thirty days prior to the election at which	27089
the amendment is to be submitted to the electors, the clerk of the	27090
municipality shall mail a copy of the proposed charter amendment	27091
to each elector whose name appears upon the poll or registration	27092
books of the last regular or general election held therein.	27093

(B) The full text of the proposed charter amendment shall be	27094
published once a week for not less than two consecutive weeks in a	27095
newspaper ~~published~~of general circulation in the municipal	27096
corporation or as provided in section 7.16 of the Revised Code,	27097
with the first publication being at least fifteen days prior to	27098
the election at which the amendment is to be submitted to the	27099
electors. ~~If no newspaper is published in the municipal~~	27100
~~corporation, then such publication shall be made in a newspaper of~~	27101
~~general circulation within the municipal corporation.~~	27102

Sec. 731.22. The publication required in section 731.21 of	27103
the Revised Code shall be for the following times:	27104

(A) ~~Ordinances and resolutions, or summaries~~Summaries of	27105
ordinances or resolutions, and proclamations of elections, once a	27106
week for two consecutive weeks or as provided in section 7.16 of	27107
the Revised Code;	27108

(B) Notices, not less than two nor more than four consecutive	27109
weeks or as provided in section 7.16 of the Revised Code;	27110

27111

Sec. 731.23. When ordinances are revised, codified,	27112
rearranged, published in book form, and certified as correct by	27113
the clerk of the legislative authority of a municipal corporation	27114
and the mayor, such publication shall be a sufficient publication,	27115
and the ordinances so published, under appropriate titles,	27116
chapters, and sections, shall be held the same in law as though	27117
they had been published in a newspaper. A new ordinance so	27118
published in book form, a summary of which has not been published	27119
as required by sections 731.21 and 731.22 of the Revised Code, and	27120
which contains entirely new matter, shall be published as required	27121
by such sections. If such revision or codification is made by a	27122
municipal corporation and contains new matter, it shall be a	27123
sufficient publication of such codification, including the new	27124
matter, to publish, in the manner required by such sections, a	27125
notice of the enactment of such codifying ordinance, containing	27126
the title of the ordinance and a summary of the new matters	27127
covered by it. Such revision and codification may be made under	27128
appropriate titles, chapters, and sections and in one ordinance	27129
containing one or more subjects.	27130

Except as provided by this section, a succinct summary of all	27131
ordinances, including emergency ordinances, shall be published in	27132
accordance with section 731.21 of the Revised Code.	27133

Sec. 731.24. Immediately after the expiration of the period	27134
of publication ~~for ordinances or~~of summaries of ordinances	27135
required by section 731.22 of the Revised Code, the clerk of the	27136
legislative authority of a municipal corporation shall enter on	27137
the record of ordinances, in a blank to be left for such purpose	27138
under the recorded ordinance, a certificate stating in which	27139
newspaper and on what dates such publication was made, and shall	27140
sign ~~his~~the clerk's name thereto officially. Such certificate	27141
shall be prima-facie evidence that legal publication of the	27142
~~ordinance or~~ summary of the ordinance was made.	27143

Sec. 731.25. ~~Notwithstanding any conflicting provision of~~	27144
~~section 7.12 of the Revised Code, in~~In municipal corporations in	27145
which no newspaper is ~~published~~generally circulated, publication	27146
of ~~ordinances and resolutions, or~~ summaries of ordinances and	27147
resolutions, and publication of all statements, orders,	27148
proclamations, notices, and reports, required by law or ordinance	27149
to be published, shall be accomplished ~~in either of the following~~	27150
~~methods, as determined by the legislative authority:~~	27151

~~(A) By~~by posting copies in not less than five of the most	27152
public places in the municipal corporation, as determined by the	27153
legislative authority, for a period of not less than fifteen days	27154
prior to the effective date thereof;	27155

~~(B) By publication in any newspaper printed in this state and~~	27156
~~of general circulation in such municipal corporation~~.	27157

Notices to bidders for the construction of public	27158
improvements and notices of the sale of bonds shall be published	27159
in ~~not more than two newspapers, printed in this state and~~a	27160
newspaper of general circulation in such municipal corporation,	27161
for the time prescribed in section 731.22 of the Revised Code.	27162

Where such publication is by posting, the clerk shall make a	27163
certificate as to such posting, and as to the times when and the	27164
places where such posting is done, in the manner provided in	27165
section 731.24 of the Revised Code, and such certificate shall be	27166
prima-facie evidence that the copies were posted as required.	27167

Sec. 735.05. The director of public service may make any	27168
contract, purchase supplies or material, or provide labor for any	27169
work under the supervision of the department of public service	27170
involving not more than twenty-five thousand dollars. When an	27171
expenditure within the department, other than the compensation of	27172
persons employed in the department, exceeds twenty-five thousand	27173
dollars, the expenditure shall first be authorized and directed by	27174
ordinance of the city legislative authority. When so authorized	27175
and directed, except where the contract is for equipment,	27176
services, materials, or supplies to be purchased under division	27177
(D) of section 713.23 or section 125.04 or 5513.01 of the Revised	27178
Code or available from a qualified nonprofit agency pursuant to	27179
sections 4115.31 to 4115.35 of the Revised Code, the director	27180
shall make a written contract with the lowest and best bidder	27181
after advertisement for not less than two nor more than four	27182
consecutive weeks in a newspaper of general circulation within the	27183
city or as provided in section 7.16 of the Revised Code.	27184

Sec. 735.20. When a whole plan, or any portion thereof, as	27185
provided in section 735.19 of the Revised Code is completed, or	27186
when the location of any avenue, street, roadway, or alley has	27187
been finally determined by the platting commissioner of a city, a	27188
plat of the plan, avenue, street, roadway, or alley shall be	27189
placed in the office of the city engineer for the inspection of	27190
persons interested, and notice that it is ready for inspection	27191
shall be published in ~~one or more newspapers,~~a newspaper of	27192
general circulation within the city, for six consecutive weeks, or	27193
as provided in section 7.16 of the Revised Code.	27194

Sec. 737.04. The legislative authority of any municipal	27195
corporation, in order to obtain police protection or to obtain	27196
additional police protection, or to allow its police officers to	27197
work in multijurisdictional drug, gang, or career criminal task	27198
forces, may enter into contracts with one or more municipal	27199
corporations, townships, township police districts, joint police	27200
districts, or county sheriffs in this state, with one or more park	27201
districts created pursuant to section 511.18 or 1545.01 of the	27202
Revised Code, with one or more port authorities, or with a	27203
contiguous municipal corporation in an adjoining state, upon any	27204
terms that are agreed upon, for services of police departments or	27205
the use of police equipment or for the interchange of services of	27206
police departments or police equipment within the several	27207
territories of the contracting subdivisions.	27208

Chapter 2744. of the Revised Code, insofar as it applies to	27209
the operation of police departments, shall apply to the	27210
contracting political subdivisions and to the police department	27211
members when they are rendering service outside their own	27212
subdivisions pursuant to the contracts.	27213

Police department members acting outside the subdivision in	27214
which they are employed, pursuant to a contract entered into under	27215
this section, shall be entitled to participate in any indemnity	27216
fund established by their employer to the same extent as while	27217
acting within the employing subdivision. Those members shall be	27218
entitled to all the rights and benefits of Chapter 4123. of the	27219
Revised Code, to the same extent as while performing service	27220
within the subdivision.	27221

The contracts may provide for:

27222

(A) A fixed annual charge to be paid at the times agreed upon	27223
and stipulated in the contract;	27224

(B) Compensation based upon:

27225

(1) A stipulated price for each call or emergency;

27226

(2) The number of members or pieces of equipment employed;

27227

(3) The elapsed time of service required in each call or	27228
emergency.	27229

(C) Compensation for loss or damage to equipment while	27230
engaged in rendering police services outside the limits of the	27231
subdivision owning and furnishing the equipment;	27232

(D) Reimbursement of the subdivision in which the police	27233
department members are employed for any indemnity award or premium	27234
contribution assessed against the employing subdivision for	27235
workers' compensation benefits for injuries or death of its police	27236
department members occurring while engaged in rendering police	27237
services pursuant to the contract.	27238

Sec. 737.041. The police department of any municipal	27239
corporation may provide police protection to any county, municipal	27240
corporation, township, or township police district, or joint	27241
police district of this state, to a park district created pursuant	27242
to section 511.18 or 1545.01 of the Revised Code, to a port	27243
authority, to any multijurisdictional drug, gang, or career	27244
criminal task force, or to a governmental entity of an adjoining	27245
state without a contract to provide police protection, upon the	27246
approval, by resolution, of the legislative authority of the	27247
municipal corporation in which the department is located and upon	27248
authorization by an officer or employee of the police department	27249
providing the police protection who is designated by title of	27250
office or position, pursuant to the resolution of the legislative	27251
authority of the municipal corporation, to give the authorization.	27252

Chapter 2744. of the Revised Code, insofar as it applies to	27253
the operation of police departments, shall apply to any municipal	27254
corporation and to members of its police department when the	27255
members are rendering police services pursuant to this section	27256
outside the municipal corporation by which they are employed.	27257

Police department members acting, as provided in this	27258
section, outside the municipal corporation by which they are	27259
employed shall be entitled to participate in any pension or	27260
indemnity fund established by their employer to the same extent as	27261
while acting within the municipal corporation by which they are	27262
employed. Those members shall be entitled to all the rights and	27263
benefits of Chapter 4123. of the Revised Code to the same extent	27264
as while performing services within the municipal corporation by	27265
which they are employed.	27266

Sec. 737.32. Except as otherwise provided in this section	27267
and unless the property involved is required to be disposed of	27268
pursuant to another section of the Revised Code, property that is	27269
unclaimed for ninety days or more shall be sold by the chief of	27270
police of the municipal corporation, marshal of the village, or	27271
licensed auctioneer at public auction, after notice of the sale	27272
has been provided by publication once a week for three successive	27273
weeks in a newspaper of general circulation in the county or as	27274
provided in section 7.16 of the Revised Code. The proceeds of the	27275
sale shall be paid to the treasurer of the municipal corporation	27276
and shall be credited to the general fund of the municipal	27277
corporation.	27278

If authorized to do so by an ordinance adopted by the	27279
legislative authority of the municipal corporation and if the	27280
property involved is not required to be disposed of pursuant to	27281
another section of the Revised Code, the chief of police or	27282
marshal may contribute property that is unclaimed for ninety days	27283
or more to one or more public agencies, to one or more nonprofit	27284
organizations no part of the net income of which inures to the	27285
benefit of any private shareholder or individual and no	27286
substantial part of the activities of which consists of carrying	27287
on propaganda or otherwise attempting to influence legislation, or	27288
to one or more organizations satisfying section 501(c)(3) or	27289
(c)(19) of the Internal Revenue Code of 1986.	27290

Sec. 737.40. (A) The legislative authority of a municipal	27291
corporation may establish, by ordinance or resolution, a voluntary	27292
motor vehicle decal registration program to be controlled by the	27293
director of public safety of the municipal corporation and	27294
conducted by the police department of the municipal corporation.	27295
The legislative authority may establish a fee for participation in	27296
the program in an amount sufficient to cover the cost of	27297
administering the program and the cost of the decals.	27298

(B) Any resident of the municipal corporation may enroll a	27299
motor vehicle that he owns in the program by signing a consent	27300
form, displaying the decal issued under this section, and paying	27301
the prescribed fee. The motor vehicle owner shall remove the decal	27302
to withdraw from the program and also prior to the sale or	27303
transfer of ownership of the vehicle. Any law enforcement officer	27304
may conduct, at any place within this state at which the officer	27305
would be permitted to arrest the person operating the vehicle, an	27306
investigatory stop of any motor vehicle displaying a decal issued	27307
under this section when the vehicle is being driven between the	27308
hours of one a.m. and five a.m. A law enforcement officer may	27309
conduct an investigatory stop under this division regardless of	27310
whether the officer observes a violation of law involving the	27311
vehicle or whether he has probable cause to believe that any	27312
violation of law involving the vehicle has occurred.	27313

(C) The consent form required under division (B) of this	27314
section shall:	27315

(1) Describe the conditions for participation in the program,	27316
including a description of an investigatory stop and a statement	27317
that any law enforcement officer may conduct, at any place within	27318
this state at which the officer would be permitted to arrest the	27319
person operating the vehicle, an investigatory stop of the motor	27320
vehicle when it is being driven between the hours of one a.m. and	27321
five a.m.	27322

(2) Contain other information identifying the vehicle and	27323
owner as the director of public safety of the municipal	27324
corporation or the chief of police considers necessary.	27325

(D) The state director of public safety, in accordance with	27326
Chapter 119. of the Revised Code, shall adopt rules governing the	27327
color, size, and design of decals issued under this section and	27328
the location where the decals shall be displayed on vehicles that	27329
are enrolled in the program.	27330

(E) Divisions (A) to (D) and (G) of this section do not	27331
require a law enforcement officer to conduct an investigatory stop	27332
of a vehicle displaying a decal issued under this section or under	27333
a program described in division (G) of this section.	27334

(F) As used in this section:

27335

(1) "Investigatory stop" means a temporary stop of a motor	27336
vehicle and its operator and occupants for purposes of determining	27337
the identity of the person who is operating the vehicle and, if	27338
the person who is operating it is not its owner, whether any	27339
violation of law has occurred or is occurring. An "investigatory	27340
stop" is not an arrest, but, if an officer who conducts an	27341
investigatory stop determines that illegal conduct has occurred or	27342
is occurring, an "investigatory stop" may be the basis for an	27343
arrest.	27344

(2) "Law enforcement officer" means a sheriff, deputy	27345
sheriff, constable, police officer of a township or joint ~~township~~	27346
police district, marshal, deputy marshal, municipal police	27347
officer, or state highway patrol trooper.	27348

(G) Any motor vehicle decal registration program that was in	27349
existence on June 1, 1993, and administered by a municipal	27350
corporation shall not be required to conform in any manner to this	27351
section and may continue to be administered in the manner in which	27352
it was administered on that date.	27353

Sec. 742.41. (A) As used in this section:

27354

(1) "Other system retirant" has the same meaning as in	27355
section 742.26 of the Revised Code.	27356

(2) "Personal history record" includes a member's, former	27357
member's, or other system retirant's name, address, telephone	27358
number, social security number, record of contributions,	27359
correspondence with the Ohio police and fire pension fund, status	27360
of any application for benefits, and any other information deemed	27361
confidential by the trustees of the fund.	27362

(B) The treasurer of state shall furnish annually to the	27363
board of trustees of the fund a sworn statement of the amount of	27364
the funds in the treasurer of state's custody belonging to the	27365
Ohio police and fire pension fund. The records of the fund shall	27366
be open for public inspection except for the following, which	27367
shall be excluded, except with the written authorization of the	27368
individual concerned:	27369

(1) The individual's personal history record;

27370

(2) Any information identifying, by name and address, the	27371
amount of a monthly allowance or benefit paid to the individual.	27372

(C) All medical reports and recommendations required are	27373
privileged, except as follows:	27374

(1) Copies of medical reports or recommendations shall be	27375
made available to the personal physician, attorney, or authorized	27376
agent of the individual concerned upon written release received	27377
from the individual or the individual's agent or, when necessary	27378
for the proper administration of the fund, to the board-assigned	27379
physician.	27380

(2) Documentation required by section 2929.193 of the Revised	27381
Code shall be provided to a court holding a hearing under that	27382
section.	27383

(D) Any person who is a member of the fund or an other system	27384
retirant shall be furnished with a statement of the amount to the	27385
credit of the person's individual account upon the person's	27386
written request. The fund need not answer more than one such	27387
request of a person in any one year.	27388

(E) Notwithstanding the exceptions to public inspection in	27389
division (B) of this section, the fund may furnish the following	27390
information:	27391

(1) If a member, former member, or other system retirant is	27392
subject to an order issued under section 2907.15 of the Revised	27393
Code or an order issued under division (A) or (B) of section	27394
2929.192 of the Revised Code or is convicted of or pleads guilty	27395
to a violation of section 2921.41 of the Revised Code, on written	27396
request of a prosecutor as defined in section 2935.01 of the	27397
Revised Code, the fund shall furnish to the prosecutor the	27398
information requested from the individual's personal history	27399
record.	27400

(2) Pursuant to a court order issued pursuant to Chapter	27401
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall	27402
furnish to a court or child support enforcement agency the	27403
information required under that section.	27404

(3) At the request of any organization or association of	27405
members of the fund, the fund shall provide a list of the names	27406
and addresses of members of the fund and other system retirants.	27407
The fund shall comply with the request of such organization or	27408
association at least once a year and may impose a reasonable	27409
charge for the list.	27410

(4) Within fourteen days after receiving from the director of	27411
job and family services a list of the names and social security	27412
numbers of recipients of public assistance pursuant to section	27413
5101.181 of the Revised Code, the fund shall inform the auditor of	27414
state of the name, current or most recent employer address, and	27415
social security number of each member or other system retirant	27416
whose name and social security number are the same as that of a	27417
person whose name or social security number was submitted by the	27418
director. The fund and its employees shall, except for purposes of	27419
furnishing the auditor of state with information required by this	27420
section, preserve the confidentiality of recipients of public	27421
assistance in compliance with ~~division (A) of~~ section 5101.181 of	27422
the Revised Code.	27423

(5) The fund shall comply with orders issued under section	27424
3105.87 of the Revised Code.	27425

On the written request of an alternate payee, as defined in	27426
section 3105.80 of the Revised Code, the fund shall furnish to the	27427
alternate payee information on the amount and status of any	27428
amounts payable to the alternate payee under an order issued under	27429
section 3105.171 or 3105.65 of the Revised Code.	27430

(6) At the request of any person, the fund shall make	27431
available to the person copies of all documents, including	27432
resumes, in the fund's possession regarding filling a vacancy of a	27433
police officer employee member, firefighter employee member,	27434
police retirant member, or firefighter retirant member of the	27435
board of trustees. The person who made the request shall pay the	27436
cost of compiling, copying, and mailing the documents. The	27437
information described in this division is a public record.	27438

(7) The fund shall provide the notice required by section	27439
742.464 of the Revised Code to the prosecutor assigned to the	27440
case.	27441

(F) A statement that contains information obtained from the	27442
fund's records that is signed by the secretary of the board of	27443
trustees of the Ohio police and fire pension fund and to which the	27444
board's official seal is affixed, or copies of the fund's records	27445
to which the signature and seal are attached, shall be received as	27446
true copies of the fund's records in any court or before any	27447
officer of this state.	27448

Sec. 745.07. An ordinance passed pursuant to section 745.06	27449
of the Revised Code shall not take effect until submitted to the	27450
electors of the municipal corporation, at a special or general	27451
election held in the municipal corporation at such time as the	27452
legislative authority determines, and approved by a majority of	27453
the electors voting on it. The ordinance shall be passed by an	27454
affirmative vote of not less than a majority of the members of the	27455
legislative authority and shall be subject to the approval of the	27456
mayor as provided by law. The ordinance shall specify the form or	27457
phrasing of the question to be placed upon the ballot. Thirty	27458
days' notice of the election shall be given by publication once a	27459
week for two consecutive weeks in ~~two daily or weekly newspapers~~	27460
~~published or circulated~~a newspaper of general circulation in the	27461
municipal corporation ~~and, if~~or as provided in section 7.16 of	27462
the Revised Code. If the board of elections operates and maintains	27463
a web site, notice of the election also shall be posted on that	27464
web site for thirty days prior to the election. The notice shall	27465
contain the full form or phrasing of the question to be submitted.	27466
The clerk of the legislative authority shall certify the passage	27467
of the ordinance to the officers having control of elections in	27468
the municipal corporation, who shall cause the question to be	27469
voted on at the general or special election as specified in the	27470
ordinance.	27471

Sec. 747.05. The board of rapid transit commissioners shall	27472
have control of the expenditure of all moneys appropriated by the	27473
legislative authority of the city, received from the sale of bonds	27474
provided for in sections 747.01 to 747.13~~, inclusive,~~ of the	27475
Revised Code, or from any other source, for the purchase,	27476
construction, improvement, maintenance, equipment, or enjoyment of	27477
all such rapid transit property, but no liability shall be	27478
incurred or expenditure made unless the money required therefor is	27479
in the city treasury to the credit of the board of rapid transit	27480
commissioners' fund and not appropriated for any other purpose.	27481
Moneys to be derived from the sale of bonds, the issue of which	27482
has been authorized, shall be deemed to be in the treasury to the	27483
credit of such fund.	27484

All moneys expended for the construction and acquisition of	27485
parkways or boulevards, as authorized by such sections, shall be	27486
provided for partly by special appropriation or bond issue and	27487
partly by assessments, as specified in section 747.06 of the	27488
Revised Code, and such funds shall be separately accounted for,	27489
and such expenditure shall not be considered a part of the rapid	27490
transit expenditure authorized by this section. The board may let	27491
contracts for any part of the work to the lowest and best bidder	27492
after three weeks' advertisement in ~~two newspapers~~a newspaper of	27493
general circulation in the city or as provided in section 7.16 of	27494
the Revised Code.	27495

The board may reject any bid, and the proceedings for such	27496
contracts and payment therefor shall be the same as provided for	27497
the director of public service except the requirement of the	27498
approval of the board of control.	27499

Sec. 747.11. The board of rapid transit commissioners may	27500
grant to any corporation organized for street or interurban	27501
railway purposes the right to operate, by lease or otherwise, the	27502
depots, terminals, and railways mentioned in section 747.08 of the	27503
Revised Code upon such terms as the board is authorized by	27504
ordinance to agree upon with such corporation, subject to the	27505
approval of a majority of the electors of the city voting on the	27506
question.	27507

The board of rapid transit commissioners shall certify such	27508
lease or agreement to the board of elections, which shall then	27509
submit the question of the approval of such lease or agreement to	27510
the qualified electors of the city at either a special or general	27511
election as the ordinance specifies. Thirty days' notice of the	27512
election shall be given by publication in ~~one or more of the~~	27513
~~newspapers published~~a newspaper of general circulation in the	27514
city once a week for two consecutive weeks prior to the election,	27515
~~and, if~~or as provided in section 7.16 of the Revised Code. If the	27516
board of elections operates and maintains a web site, the board of	27517
elections shall post notice of the election for thirty days prior	27518
to the election on its web site. The notice shall set forth the	27519
terms of the lease or agreement and the time of holding the	27520
election. On the approval by a majority of the voters voting at	27521
the election, the corporation may operate such depots, terminals,	27522
and railways as provided in the lease or agreement, and	27523
corporations organized under the laws of this state for street or	27524
interurban railway purposes may lease and operate such depots,	27525
terminals, and railways.	27526

Sec. 747.12. Whenever the board of rapid transit	27527
commissioners of a city declares by resolution that real estate of	27528
the city acquired for rapid transit purposes is not needed for the	27529
proper conduct and maintenance of such rapid transit system, such	27530
real estate may be sold or leased by the board to the highest	27531
bidder after advertisement once a week for three consecutive weeks	27532
in a newspaper of general circulation within the city or as	27533
provided in section 7.16 of the Revised Code. The board may reject	27534
any bid and readvertise until all such property is sold or leased.	27535
When the board has twice so offered to sell or lease such	27536
property, and it is not sold or leased, the board may privately	27537
sell or lease it.	27538

Moneys arising from such sales or leases shall be deposited	27539
in the treasury of the city to the credit of the board of rapid	27540
transit commissioners' fund, and may be expended for the purchase,	27541
construction, improvement, maintenance, equipment, and enjoyment	27542
of the city's rapid transit property, as such board directs.	27543

Contracts, leases, deeds, bills of sale, or other instruments	27544
in writing pertaining to such sales or leases shall be executed on	27545
behalf of the city by the board, by its president and secretary.	27546

Sec. 755.16. (A) Any ~~municipal corporation, township,~~	27547
~~township park district, county, or school district~~contracting	27548
subdivision, jointly with one or more other ~~municipal~~	27549
~~corporations, townships, township park districts, counties, or~~	27550
~~school districts or with an educational service center~~contracting	27551
subdivisions, in any combination, ~~and a joint recreation district,~~	27552
may acquire property for, construct, operate, and maintain any	27553
parks, playgrounds, playfields, gymnasiums, public baths, swimming	27554
pools, indoor recreation centers, educational facilities, or	27555
community centers. Any school district or, educational service	27556
center, or state institution of higher education may provide by	27557
the erection of any school or, educational service center, or	27558
state institution of higher education building or premises, or by	27559
the enlargement of, addition to, or reconstruction or improvement	27560
of any school or, educational service center, or state institution	27561
of higher education building or premises, for the inclusion of any	27562
such parks, recreational facilities, educational facilities, and	27563
community centers to be jointly acquired, constructed, operated,	27564
and maintained. Any ~~municipal corporation, township, township park~~	27565
~~district, county, or school district~~contracting subdivision,	27566
jointly with one or more other ~~municipal corporations, townships,~~	27567
~~township park districts, counties, or school districts or with an~~	27568
~~educational service center~~contracting subdivisions, in any	27569
combination, ~~and a joint recreation district,~~ may equip, operate,	27570
and maintain those parks, recreational facilities, educational	27571
facilities, and community centers and may appropriate money for	27572
~~them~~those purposes. ~~An educational service center also may~~	27573
~~appropriate money for purposes of equipping, operating, and~~	27574
~~maintaining those parks, recreational facilities, and community~~	27575
~~centers.~~	27576

Any ~~municipal corporation, township, township park district,~~	27577
~~county, school district, or educational service center~~contracting	27578
subdivision agreeing to jointly acquire, construct, operate, or	27579
maintain parks, recreational facilities, educational facilities,	27580
and community centers pursuant to this section may contribute	27581
lands, money, other personal property, or services to the joint	27582
venture, as may be agreed upon. Any agreement shall specify the	27583
rights of the parties in any lands or personal property	27584
contributed.	27585

Any lands acquired by a township park district pursuant to	27586
Chapter 511. of the Revised Code and established as a public park	27587
or parks may be contributed to a joint venture authorized by this	27588
section. Fees may be charged in connection with the use of any	27589
recreational facilities, educational facilities, and community	27590
centers that may be constructed on those lands.	27591

(B) Any township may, jointly with a private land owner,	27592
construct, operate, equip, and maintain free public playgrounds	27593
and playfields. Any equipment provided by a township pursuant to	27594
this division shall remain township property and shall be used	27595
subject to a right of removal by the township.	27596

(C) As used in this section and in sections 755.17 and 755.18	27597
of the Revised Code:	27598

(1) "Community centers" means facilities characterized by all	27599
of the following:	27600

(a) They are acquired, constructed, operated, or maintained	27601
by ~~political~~contracting subdivisions ~~or an educational service~~	27602
~~center~~ pursuant to division (A) of this section.	27603

(b) They may be used for governmental, civic, or educational	27604
operations or purposes, or recreational activities.	27605

(c) They may be used only by the ~~entities~~contracting	27606
subdivisions that acquire, construct, operate, or maintain them or	27607
by any other person upon terms and conditions determined by those	27608
~~entities~~contracting subdivisions.	27609

(2) "Educational service center" has the same meaning as in	27610
division (A) of section 3311.05 of the Revised Code.	27611

(3) "Contracting subdivision" means a municipal corporation,	27612
township, joint recreation district, township park district,	27613
county, school district, educational service center, or state	27614
institution of higher education.	27615

(4) "School district" means any of the school districts or	27616
joint vocational school districts referred to in section 3311.01	27617
of the Revised Code.	27618

(5) "State institution of higher education" has the same	27619
meaning as in section 3345.011 of the Revised Code.	27620

Sec. 755.29. The board of park trustees, before entering	27621
into any contract for the performance of any work, the cost of	27622
which exceeds ~~ten~~twenty-five thousand dollars, shall cause plans	27623
and specifications and forms of bids to be prepared, and when	27624
adopted by the board, it shall have them printed for distribution	27625
among bidders.	27626

Sec. 755.41. When lands lying within the limits of a	27627
municipal corporation have been dedicated to or for the use of the	27628
public for parks or park lands, and where such lands have remained	27629
unimproved and unused by the public for a period of twenty-one	27630
years and there appears to be little or no possibility that such	27631
lands will be improved and used by the public, the legislative	27632
authority of a municipal corporation in which said lands are	27633
located may, by ordinance, declare such parks or park lands	27634
vacated upon the petition of a majority of the abutting	27635
freeholders. No such parks or park lands shall be vacated unless	27636
notice of the pendency and prayer of the petition is given, in a	27637
newspaper of general circulation in the municipal corporation in	27638
which such lands are situated for three consecutive weeks, or as	27639
provided in section 7.16 of the Revised Code, preceding action on	27640
such petition. No such lands shall be vacated prior to a public	27641
hearing had thereon.	27642

Sec. 755.42. Upon the vacation of parks or park lands as	27643
provided by section 755.41 of the Revised Code, the legislative	27644
authority of a municipal corporation shall offer such lands for	27645
sale at a public auction. No lands shall be sold until the	27646
legislative authority of such municipal corporation gives notice	27647
of intention to sell such lands. Such notice shall be published as	27648
provided in section 7.16 of the Revised Code or once a week for	27649
four consecutive weeks in a newspaper of general circulation in a	27650
municipal corporation in which the sale is to be had. The	27651
legislative authority of such municipal corporation or the board	27652
or officer having supervision or management of such real estate	27653
shall sell such lands to the highest and best bidder, provided	27654
that any and all bids made hereunder may be rejected.	27655

When such sale is made, the mayor or other officer of a	27656
municipal corporation in which sale is had and in which such lands	27657
are located, shall enter into a deed, conveying said lands to the	27658
purchaser thereof. At or after the time of sale, the auditor of	27659
the county shall place the lands sold hereunder on the tax	27660
duplicate of the county at a value to be established by ~~him~~the	27661
auditor as in cases where hethe auditor re-enters property which	27662
has been tax exempt on the taxable list of the county.	27663

The proceeds from the sale of lands sold pursuant to this	27664
section shall be placed in the general fund of the treasury of the	27665
municipal corporation in which such lands are located and may be	27666
disbursed as other general fund moneys.	27667

Sec. 755.43. When real estate ~~which~~that has been dedicated	27668
to or for the use of the public for parks or park lands is vacated	27669
by the legislative authority of a municipal corporation pursuant	27670
to section 755.41 of the Revised Code, and where reversionary	27671
interests have been set up in the event of the non-use of such	27672
lands for the dedicated purpose, such reversionary interests shall	27673
accelerate and vest in the holders thereof upon such vacation.	27674
Thereupon, the auditor of the county shall place the lands on the	27675
tax duplicate of the county in the names of such reversionaries as	27676
are known to and supplied by the legislative authority of the	27677
municipal corporation or the board or officer having supervision	27678
or management of such real estate. If the legislative authority of	27679
such board or officer is unable to furnish the names of such	27680
reversioners, the legislative authority of a municipal corporation	27681
shall fix a date on or before which claims to such real estate may	27682
be asserted and after which such real estate shall be sold. Notice	27683
shall be given of such date and of the sale to be held thereafter,	27684
as provided in section 7.16 of the Revised Code or once each week	27685
for four consecutive weeks in a newspaper of general circulation	27686
in the municipal corporation wherein such lands are located. In	27687
the event that no claims to such lands are asserted or found to be	27688
valid, the lands shall be sold pursuant to section 755.42 of the	27689
Revised Code, and the title of any holders of reversionary	27690
interests shall be extinguished.	27691

Nothing contained in sections 755.41, 755.42, or 755.43 of	27692
the Revised Code shall be construed as limiting any of the home	27693
rule powers conferred upon municipalities by Article XVIII of the	27694
Constitution of the State of Ohio.	27695

Sec. 759.47. Land belonging to a public cemetery and used	27696
for an approach thereto, and which is, in the judgment of a	27697
majority of the officers having control or management thereof,	27698
unnecessary for cemetery purposes, may be sold by them at public	27699
sale to the highest bidder after advertisement as provided in	27700
section 7.16 of the Revised Code or once a week for five	27701
consecutive weeks in a newspaper of general circulation within the	27702
county in which the cemetery is situated. The board of township	27703
trustees or board of cemetery trustees of a municipal corporation	27704
making such sale shall execute in the name of the township or	27705
municipal corporation owning such cemetery proper conveyances for	27706
the land so sold.	27707

Sec. 901.09. (A) The director of agriculture may employ and	27708
establish a compensation rate for seasonal produce graders and	27709
seasonal gypsy mothtrap tenders, who shall be in the unclassified	27710
civil service.	27711

(B) In lieu of employing seasonal gypsy moth tenders as	27712
provided in division (A) of this section, the director may	27713
contract with qualified individuals or entities to perform gypsy	27714
moth trapping.	27715

Sec. 918.221. The owner of an establishment that slaughters	27716
or otherwise prepares the meat of poultry may request the director	27717
of agriculture to provide supplemental inspection of the	27718
establishment beyond inspections otherwise required by this	27719
chapter.	27720

The director shall adopt rules in accordance with Chapter	27721
119. of the Revised Code establishing procedures and requirements	27722
for such supplemental inspections. In addition, the rules shall	27723
establish the amount of an inspection fee to be paid by an	27724
establishment requesting supplemental inspection. The fee shall be	27725
in an amount necessary to compensate the department of agriculture	27726
for the costs associated with supplemental inspections under this	27727
section.	27728

Sec. 924.52. (A) The Ohio grape industries committee may:

27729

(1) Conduct, and contract with others to conduct, research,	27730
including the study, analysis, dissemination, and accumulation of	27731
information obtained from the research or elsewhere, concerning	27732
the marketing and distribution of grapes and grape products, the	27733
storage, refrigeration, processing, and transportation of them,	27734
and the production and product development of grapes and grape	27735
products. The committee shall expend for these activities ~~no less~~	27736
~~than thirty per cent and~~ no more than seventy per cent of all	27737
money it receives from the Ohio grape industries fund created	27738
under section 924.54 of the Revised Code.	27739

(2) Provide the wholesale and retail trade with information	27740
relative to proper methods of handling and selling grapes and	27741
grape products;	27742

(3) Make or contract for market surveys and analyses,	27743
undertake any other similar activities that it determines are	27744
appropriate for the maintenance and expansion of present markets	27745
and the creation of new and larger markets for grapes and grape	27746
products, and make, in the name of the committee, contracts to	27747
render service in formulating and conducting plans and programs	27748
and such other contracts or agreements as the committee considers	27749
necessary for the promotion of the sale of grapes and grape	27750
products. The committee shall expend for these activities ~~no less~~	27751
~~than thirty per cent and~~ no more than seventy per cent of all	27752
money it receives from the fund.	27753

(4) Publish and distribute to producers and others	27754
information relating to the grape and grape product industries;	27755

(5) Propose to the director of agriculture for adoption,	27756
rescission, or amendment, pursuant to Chapter 119. of the Revised	27757
Code, rules necessary for the exercise of its powers and the	27758
performance of its duties;	27759

(6) Advertise for, post notices seeking, or otherwise solicit	27760
applicants to serve in administrative positions in the department	27761
of agriculture as employees who support the administrative	27762
functions of the committee. Applications shall be submitted to the	27763
committee. The committee shall select applicants that it wishes to	27764
recommend for employment and shall submit a list of the	27765
recommended applicants to the director.	27766

(B) The committee shall:

27767

(1) Promote the sale of grapes and grape products for the	27768
purpose of maintaining and expanding present markets and creating	27769
new and larger intrastate, interstate, and foreign markets for	27770
grapes and grape products, and inform the public of the uses and	27771
benefits of grapes and grape products;	27772

(2) Perform all acts and exercise all powers incidental to,	27773
in connection with, or considered reasonably necessary, proper, or	27774
advisable to effectuate the purposes of this section.	27775

Sec. 927.69. To effect the purpose of sections 927.51 to	27776
927.73 of the Revised Code, the director of agriculture or the	27777
director's authorized representative may:	27778

(A) Make reasonable inspection of any premises in this state	27779
and any property therein or thereon;	27780

(B) Stop and inspect in a reasonable manner, any means of	27781
conveyance moving within this state upon probable cause to believe	27782
it contains or carries any pest, host, commodity, or other article	27783
that is subject to sections 927.51 to 927.72 of the Revised Code;	27784

(C) Conduct inspections of agricultural products that are	27785
required by other states, the United States department of	27786
agriculture, other federal agencies, or foreign countries to	27787
determine whether the products are infested. If, upon making such	27788
an inspection, the director or the director's authorized	27789
representative determines that an agricultural product is not	27790
infested, the director or the director's authorized representative	27791
may issue a certificate, as required by other states, the United	27792
States department of agriculture, other federal agencies, or	27793
foreign countries, indicating that the product is not infested.	27794

If the director charges fees for any of the certificates,	27795
agreements, or inspections specified in this section, the fees	27796
shall be as follows:	27797

(1) ~~Phyto sanitary~~Phytosanitary certificates, twenty-five	27798
dollars for ~~those collectors or dealers that are licensed under~~	27799
~~section 927.53 of the Revised Code~~shipments comprised exclusively	27800
of nursery stock;	27801

(2) ~~Phyto sanitary~~Phytosanitary certificates, one hundred	27802
dollars for all others;	27803

(3) Phytosanitary certificates, twenty-five dollars for	27804
replacement of an issued certificate because of a mistake on the	27805
certificate or a change made by the shipper if no additional	27806
inspection is required;	27807

(4) Compliance agreements, forty dollars;

27808

~~(4)~~(5) Agricultural products and their conveyances	27809
inspections, an amount equal to the hourly rate of pay in the	27810
highest step in the pay range, including fringe benefits, of a	27811
plant pest control specialist multiplied by the number of hours	27812
worked by such a specialist in conducting an inspection.	27813

The director may adopt rules under section 927.52 of the	27814
Revised Code that define the certificates, agreements, and	27815
inspections.	27816

The fees shall be credited to the plant pest program fund	27817
created in section 927.54 of the Revised Code.	27818

Sec. 951.11. A person finding an animal at large in	27819
violation of section 951.01 or 951.02 of the Revised Code, may,	27820
and a law enforcement officer of a county, township, city, or	27821
village, on view or information, shall, take and confine such	27822
animal, forthwith giving notice thereof to the owner or keeper, if	27823
known, and, if not known, by publishing a notice describing such	27824
animal ~~at least~~ once in a newspaper of general circulation in the	27825
county, township, city, or village wherein the animal was found.	27826
If the owner or keeper does not appear and claim the animal and	27827
pay the compensation prescribed in section 951.13 of the Revised	27828
Code for so taking, advertising, and keeping it within ten days	27829
from the date of such notice, such person or the county shall have	27830
a lien therefor and the animal may be sold at public auction as	27831
provided in section 1311.49 of the Revised Code, and the residue	27832
of the proceeds of sale shall be paid and deposited by the	27833
treasurer in the general fund of the county.	27834

Sec. 955.011. (A) When an application is made for	27835
registration of an assistance dog and the owner can show proof by	27836
certificate or other means that the dog is an assistance dog, the	27837
owner of the dog shall be exempt from any fee for the	27838
registration. Registration for an assistance dog shall be	27839
permanent and not subject to annual renewal so long as the dog is	27840
an assistance dog. Certificates and tags stamped "Ohio Assistance	27841
Dog-Permanent Registration," with registration number, shall be	27842
issued upon registration of such a dog. Any certificate and tag	27843
stamped "Ohio Guide Dog-Permanent Registration" or "Ohio Hearing	27844
Dog-Permanent Registration," with registration number, that was	27845
issued for a dog in accordance with this section as it existed	27846
prior to July 4, 1984, any certificate and tag stamped "Ohio	27847
Handicapped Assistance Dog-Permanent Registration," with	27848
registration number, that was issued for a dog in accordance with	27849
this section as it existed on and after July 5, 1984, but prior to	27850
November 26, 2004, and any certificate and tag stamped "Ohio	27851
Service Dog-Permanent Registration," with registration number,	27852
that was issued for a dog in accordance with this section as it	27853
existed on and after November 26, 2004, but prior to ~~the effective~~	27854
~~date of this amendment~~June 30, 2006, shall remain in effect as	27855
valid proof of the registration of the dog on and after November	27856
26, 2004. Duplicate certificates and tags for a dog registered in	27857
accordance with this section, upon proper proof of loss, shall be	27858
issued and no fee required. Each duplicate certificate and tag	27859
that is issued shall be stamped "Ohio Assistance Dog-Permanent	27860
Registration."	27861

(B) As used in this section and in sections 955.16 and 955.43	27862
of the Revised Code:	27863

(1) "Mobility impaired person" means any person, regardless	27864
of age, who is subject to a physiological defect or deficiency	27865
regardless of its cause, nature, or extent that renders the person	27866
unable to move about without the aid of crutches, a wheelchair, or	27867
any other form of support, or that limits the person's functional	27868
ability to ambulate, climb, descend, sit, rise, or perform any	27869
related function. "Mobility impaired person" includes a person	27870
with a neurological or psychological disability that limits the	27871
person's functional ability to ambulate, climb, descend, sit,	27872
rise, or perform any related function. "Mobility impaired person"	27873
also includes a person with a seizure disorder and a person who is	27874
diagnosed with autism.	27875

(2) "Blind" means either of the following:

27876

(a) Vision twenty/two hundred or less in the better eye with	27877
proper correction;	27878

(b) Field defect in the better eye with proper correction	27879
that contracts the peripheral field so that the diameter of the	27880
visual field subtends an angle no greater than twenty degrees.	27881

(3) "Assistance dog" means a guide dog, hearing dog, or	27882
service dog that has been trained by a nonprofit special agency.	27883

(4) "Guide dog" means a dog that has been trained or is in	27884
training to assist a blind person.	27885

(5) "Hearing dog" means a dog that has been trained or is in	27886
training to assist a deaf or hearing-impaired person.	27887

(6) "Service dog" means a dog that has been trained or is in	27888
training to assist a mobility impaired person.	27889

Sec. 955.012. (A) As used in this section:

27890

(1) "Controlled substance" has the same meaning as in section	27891
3719.01 of the Revised Code.	27892

(2) "Law enforcement agency" means the state highway patrol,	27893
the office of a county sheriff, the police department of a	27894
municipal corporation or township, or a township or joint ~~township~~	27895
police district.	27896

(3) "Law enforcement canine" means a dog regularly utilized	27897
by a law enforcement agency for general law enforcement purposes,	27898
tracking, or detecting the presence of a controlled substance or	27899
explosive.	27900

(B) Instead of obtaining an annual registration under section	27901
955.01 of the Revised Code, a law enforcement agency owning,	27902
keeping, or harboring a law enforcement canine may obtain an	27903
annual registration for the dog as a law enforcement canine under	27904
this section. The application for a law enforcement canine	27905
registration shall be submitted to the county auditor of the	27906
county in which the central office of the law enforcement agency	27907
that owns, keeps, or harbors the dog is located, except that for a	27908
dog owned, kept, or harbored by the state highway patrol, the	27909
application shall be submitted to the county auditor of the county	27910
in which is located the state highway patrol post to which the dog	27911
and its handler primarily are assigned. The application shall be	27912
submitted on or after the first day of December immediately	27913
preceding the beginning of the registration year and before the	27914
thirty-first day of January of that year. If the period for filing	27915
registration applications under division (A)(1) of section 955.01	27916
of the Revised Code is extended in the county in which a law	27917
enforcement canine is to be registered, an application for	27918
registration under this section shall be submitted to the county	27919
auditor not later than the registration deadline for that year, as	27920
so extended.	27921

The application for registration of a law enforcement canine	27922
shall state the age, sex, hair color, character of hair, whether	27923
short or long, and breed, if known, of the dog, the name and	27924
address of the owner of the dog, and, if the law enforcement	27925
agency keeping or harboring the dog is different from the owner,	27926
the name of that law enforcement agency. For a dog owned, kept, or	27927
harbored by the police department of a municipal corporation or	27928
township or by a township or joint ~~township~~ police district, the	27929
application shall be signed by the chief of the police department	27930
or district. For a dog owned, kept, or harbored by the office of a	27931
county sheriff, the application shall be signed by the sheriff.	27932
For a dog owned, kept, or harbored by the state highway patrol,	27933
the application shall be signed by the officer in charge of the	27934
post of the state highway patrol to which the dog and its handler	27935
primarily are assigned. The application shall include a	27936
certification by the chief of the police department or district,	27937
sheriff, or officer of the state highway patrol post, as	27938
applicable, that the dog described in the application has been	27939
properly trained to carry out one or more of the purposes	27940
described in division (A)(3) of this section and actually is used	27941
for one or more of those purposes by the law enforcement agency	27942
making the application.	27943

No fee is required for issuance of a law enforcement canine	27944
registration. Upon proper proof of loss, a duplicate certificate	27945
and tag shall be issued for a dog registered under this section,	27946
and no fee shall be required.	27947

If an application for registration of a law enforcement	27948
canine is not filed under this section on or before the	27949
thirty-first day of January of the registration year, or the	27950
extended registration deadline established under division (A)(1)	27951
of section 955.01 of the Revised Code, as applicable, the law	27952
enforcement canine shall be registered under that section, and the	27953
registration fee and late registration penalty applicable under	27954
divisions (A) and (B) of that section shall accompany the	27955
application.	27956

(C) If a law enforcement agency becomes the owner, keeper, or	27957
harborer of a law enforcement canine or brings a law enforcement	27958
canine into the state after the thirty-first day of January of a	27959
registration year or the extended registration deadline	27960
established under division (A)(1) of section 955.01 of the Revised	27961
Code, as applicable, the law enforcement agency, within thirty	27962
days after becoming the owner, keeper, or harborer or bringing the	27963
dog into the state, may submit an application for registration of	27964
the dog under this section. Upon submission of the application,	27965
the law enforcement agency shall be issued such a registration in	27966
the manner provided in division (B) of this section. If such an	27967
application is not filed within the thirty-day period, the dog	27968
shall be registered under section 955.05 of the Revised Code, and	27969
the registration fee and late registration penalty applicable	27970
under that section or section 955.06 of the Revised Code shall	27971
accompany the application.	27972

Sec. 1309.528. ~~(A)~~ All fees collected by the secretary of	27973
state for filings under Title XIII or XVII of the Revised Code	27974
shall be deposited into the state treasury to the credit of the	27975
corporate and uniform commercial code filing fund, which is hereby	27976
created. All moneys credited to the fund~~, subject to division (B)~~	27977
~~of this section,~~ shall be used for the purpose of paying for the	27978
operations of the office of the secretary of state and for the	27979
purpose of paying for expenses relating to the processing of	27980
filings under Title XIII or XVII of the Revised Code.	27981

~~(B) There is hereby created in the state treasury the~~	27982
~~secretary of state business technology fund. One per cent of the~~	27983
~~money credited to the corporate and uniform commercial code filing~~	27984
~~fund created in division (A) of this section shall be transferred~~	27985
~~to the credit of this fund. All moneys credited to this fund shall~~	27986
~~be used only for the upkeep, improvement, or replacement of~~	27987
~~equipment, or for the purpose of training employees in the use of~~	27988
~~equipment, used to conduct business of the secretary of state's~~	27989
~~office under Title XIII or XVII of the Revised Code.~~	27990

Sec. 1327.46. ~~(A)~~As used in sections 1327.46 to 1327.61 of	27991
the Revised Code:	27992

(A) "Weights and measures" means all weights and measures of	27993
every kind, instruments and devices for weighing and measuring,	27994
and any appliances and accessories associated with any such	27995
instruments and devices, except that ~~the term~~"weights and	27996
measures" shall not be construed to include meters for the	27997
measurement of electricity, gas, whether natural or manufactured,	27998
or water when the same are operated in a public utility system.	27999
Such electricity, gas, and water meters, and appliances or	28000
accessories associated therewith, are specifically excluded from	28001
the purview of the weights and measures laws.	28002

(B) "Intrastate commerce" means all commerce or trade that is	28003
begun, carried on, and completed wholly within the limits of this	28004
state, and "introduced into intrastate commerce" defines the time	28005
and place in which the first sale and delivery of a commodity is	28006
made within the state, the delivery being made either directly to	28007
the purchaser or to a common carrier for shipment to the	28008
purchaser.	28009

(C) "Package" means any commodity put up or packaged in any	28010
manner in advance of sale in units suitable for either wholesale	28011
or retail sale.	28012

(D) "Consumer package" means a package that is customarily	28013
produced or distributed for sale through a retail sales agency for	28014
consumption by an individual or use by an individual.	28015

(E) "Weight" as used in connection with any commodity means	28016
net weight.	28017

(F) "Correct" as used in connection with weights and measures	28018
means conformity with all applicable requirements of sections	28019
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	28020
to those sections.	28021

(G) "Primary standards" means the physical standards of the	28022
state that serve as the legal reference from which all other	28023
standards and weights and measures are derived.	28024

(H) "Secondary standards" means the physical standards that	28025
are traceable to the primary standards through comparisons, using	28026
acceptable laboratory procedures, and used in the enforcement of	28027
weights and measures laws and rules.	28028

(I) "Sale from bulk" means the sale of commodities when the	28029
quantity is determined at the time of sale.	28030

(J) "Net weight" means the weight of a commodity, excluding	28031
any materials, substances, or items not considered to be a part of	28032
the commodity. Materials, substances, or items not considered to	28033
be part of the commodity include, but are not limited to,	28034
containers, conveyances, bags, wrappers, packaging materials,	28035
labels, individual piece coverings, decorative accompaniments, and	28036
coupons.	28037

(K) "Random weight package" means a package that is one of a	28038
lot, shipment, or delivery of packages of the same commodity with	28039
no fixed pattern of weights.	28040

(L) "Sold" includes keeping, offering, or exposing for sale.

28041

(M) "Commercially used weighing and measuring device" means a	28042
device described in the national institute of standards and	28043
technology handbook 44 or its supplements and revisions and any	28044
other weighing and measuring device designated by rules adopted	28045
under division (C) of section 1327.50 of the Revised Code.	28046
"Commercially used weighing and measuring device" includes, but is	28047
not limited to, a livestock scale, vehicle scale, railway scale,	28048
vehicle tank meter, bulk rack meter, and LPG meter.	28049

(N) "Livestock scale" means a scale equipped with stock racks	28050
and gates that is adapted to weighing livestock standing on the	28051
scale platform.	28052

(O) "Vehicle scale" means a scale that is adapted to weighing	28053
highway, farm, or other large industrial vehicles other than	28054
railroad cars.	28055

(P) "Railway scale" means a rail scale that is designed to	28056
weigh railroad cars.	28057

(Q) "Vehicle tank meter" means a vehicle mounted device that	28058
is designed for the measurement and delivery of liquid products	28059
from a tank.	28060

(R) "Bulk rack meter" means a wholesale device, usually	28061
mounted on a rack, that is designed for the measurement and	28062
delivery of liquid products.	28063

(S) "LPG meter" means a system, including a mechanism or	28064
machine of the meter type, that is designed to measure and deliver	28065
liquefied petroleum gas in the liquid state by a definite quantity	28066
whether installed in a permanent location or mounted on a vehicle.	28067

Sec. 1327.50. The director of agriculture shall:

28068

(A) Maintain traceability of the state standards to those of	28069
the national institute of standards and technology;	28070

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

28071

(C) Issue reasonable rules for the uniform enforcement of	28072
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	28073
have the force and effect of law;	28074

(D) Establish standards of weight, measure, or count,	28075
reasonable standards of fill, and standards for the voluntary	28076
presentation of cost per unit information for any package;	28077

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	28078
the Revised Code, or any rules adopted under those sections, when	28079
appropriate to the maintenance of good commercial practices in the	28080
state;	28081

(F) Conduct investigations to ensure compliance with sections	28082
1327.46 to 1327.61 of the Revised Code;	28083

(G) Delegate to appropriate personnel any of these	28084
responsibilities for the proper administration of the director's	28085
office;	28086

(H) Test as often as is prescribed by rule the standards of	28087
weight and measure used by any municipal corporation or county	28088
within the state, and approve the same when found to be correct;	28089

(I) Inspect and test weights and measures ~~kept, offered, or~~	28090
~~exposed for sale~~that are sold;	28091

(J) Inspect and test to ascertain if they are correct,	28092
weights and measures commercially used either:	28093

(1) In determining the weight, measure, or count of	28094
commodities or things sold~~, or offered or exposed for sale,~~ on the	28095
basis of weight, measure, or count;	28096

(2) In computing the basic charge or payment for goods or	28097
services rendered on the basis of weight, measure, or count.	28098

(K) Test all weights and measures used in checking the	28099
receipt or disbursement of supplies in every institution, for the	28100
maintenance of which funds are appropriated by the general	28101
assembly;	28102

(L) Approve for use, and may mark, such weights and measures	28103
as the director finds to be correct, and shall reject and mark as	28104
rejected such weights and measures as the director finds to be	28105
incorrect. Weights and measures that have been rejected may be	28106
seized if not corrected within the time specified or if used or	28107
disposed of in a manner not specifically authorized, and may be	28108
condemned and seized if found to be incorrect and not capable of	28109
being made correct.	28110

(M) Weigh, measure, or inspect packaged commodities ~~kept,~~	28111
~~offered, or exposed for sale,~~that are sold, or in the process of	28112
delivery to determine whether they contain the amounts represented	28113
and whether they are ~~kept, offered, or exposed for sale~~sold in	28114
accordance with sections 1327.46 to 1327.61 of the Revised Code or	28115
rules adopted under those sections. In carrying out this section,	28116
the director shall employ recognized sampling procedures, such as	28117
those designated in the national institute of standards and	28118
technology handbook 133 "checking the net contents of packaged	28119
goods."	28120

(N) Prescribe by rule the appropriate term or unit of weight	28121
or measure to be used, whenever the director determines in the	28122
case of a specific commodity that an existing practice of	28123
declaring the quantity by weight, measure, numerical count, or	28124
combination thereof, does not facilitate value comparisons by	28125
consumers, or offers an opportunity for consumer confusion;	28126

(O) Allow reasonable variations from the stated quantity of	28127
contents, which shall include those caused by unavoidable	28128
deviations in good manufacturing practice and by loss or gain of	28129
moisture during the course of good distribution practice, only	28130
after the commodity has entered intrastate commerce;	28131

(P) Provide for the weights and measures training of	28132
inspector personnel and establish minimum training requirements,	28133
which shall be met by all inspector personnel, whether county,	28134
municipal, or state;	28135

(Q) Prescribe the methods of tests and inspections to be	28136
employed in the enforcement of sections 1327.46 to 1327.61 of the	28137
Revised Code. The director may prescribe the official test and	28138
inspection forms to be used.	28139

(R) Provide by rule for voluntary registration with the	28140
director of private weighing and measuring device servicing	28141
agencies, and personnel;	28142

(S) In conjunction with the national institute of standards	28143
and technology, operate a type evaluation program for	28144
certification of weighing and measuring devices as part of the	28145
national type evaluation program. The director shall establish a	28146
schedule of fees for services rendered by the department of	28147
agriculture for type evaluation services. The director may require	28148
any weighing or measuring instrument or device to be traceable to	28149
a national type evaluation program certificate of conformance	28150
prior to use for commercial or law enforcement purposes.	28151

Sec. 1327.501. (A) No person shall operate in this state a	28152
commercially used weighing and measuring device, for which a fee	28153
is established in division (G) of this section unless the operator	28154
of the device obtains a permit issued by the director of	28155
agriculture or the director's designee.	28156

(B) An application for a permit shall be submitted to the	28157
director on a form that the director prescribes and provides. The	28158
applicant shall include with the application any information that	28159
is specified on the application form as well as the application	28160
fee established in this section.	28161

(C) Upon receipt of a completed application and the required	28162
fee from an applicant, the director or the director's designee	28163
shall issue or deny the permit to operate the commercially used	28164
weighing and measuring device that was the subject of the	28165
application.	28166

(D) A permit issued under this section expires on the	28167
thirtieth day of June of the year following its issuance and may	28168
be renewed annually on or before the first day of July of that	28169
year upon payment of a permit renewal fee established in this	28170
section.	28171

(E) If a permit renewal fee is more than sixty days past due,	28172
the director may assess a late penalty in an amount established	28173
under this section.	28174

(F) The director shall do both of the following:

28175

(1) Establish procedures and requirements governing the	28176
issuance or denial of permits under this section;	28177

(2) Establish late penalties to be assessed for the late	28178
payment of a permit renewal fee and fees for the replacement of	28179
lost or destroyed permits.	28180

(G) An applicant for a permit to operate under this section	28181
shall pay an application fee in the following applicable amount:	28182

(1) Seventy-five dollars for a livestock scale;

28183

(2) Seventy-five dollars for a vehicle scale;

28184

(3) Seventy-five dollars for a railway scale;

28185

(4) Seventy-five dollars for a vehicle tank meter;

28186

(5) Seventy-five dollars for a bulk rack meter;

28187

(6) Seventy-five dollars for a LPG meter.

28188

A person who is issued a permit under this section and who	28189
seeks to renew that permit shall pay an annual permit renewal fee.	28190
The amount of a permit renewal fee shall be equal to the	28191
application fee for that permit established in this division.	28192

(H) All money collected through the payment of fees and the	28193
imposition of penalties under this section shall be credited to	28194
the metrology and scale certification and device permitting fund	28195
created in section 1327.511 of the Revised Code.	28196

Sec. 1327.51. (A) When necessary for the enforcement of	28197
sections 1327.46 to 1327.61 of the Revised Code or rules adopted	28198
pursuant thereto, the director of agriculture and any weights and	28199
measures official acting under the authority of section 1327.52 of	28200
the Revised Code may do any of the following:	28201

(1) Enter any commercial premises during normal business	28202
hours, except that in the event such premises are not open to the	28203
public, hethe director or official shall first present ~~his~~the	28204
director's or official's credentials and obtain consent before	28205
making entry thereto, unless a search warrant previously has been	28206
obtained;	28207

(2) Issue stop-use, hold, and removal orders with respect to	28208
any weights and measures commercially used, and stop-sale, hold,	28209
and removal orders with respect to any packaged commodities or	28210
bulk commodity observed to be or believed to be ~~kept, offered, or~~	28211
~~exposed for sale~~sold;	28212

(3) Seize for use as evidence any incorrect or unapproved	28213
weight or measure or any package or commodity found to be used,	28214
retained, ~~offered or exposed for sale,~~ or sold in violation of	28215
sections 1327.46 to 1327.61 of the Revised Code or rules	28216
~~promulgated~~adopted pursuant thereto.	28217

(B) The director shall afford an opportunity for a hearing in	28218
accordance with Chapter 119. of the Revised Code to any owner or	28219
operator whose property is seized by the ~~Ohio~~ department of	28220
agriculture.	28221

Sec. 1327.511. All money collected under ~~section~~sections	28222
1327.50 and 1327.501 of the Revised Code from fees and for	28223
services rendered by the department of agriculture in operating	28224
the type evaluation program, a metrology laboratory program, and	28225
the device permitting program shall be deposited in the state	28226
treasury to the credit of the metrology and scale certification	28227
and device permitting fund, which is hereby created. Money	28228
credited to the fund shall be used to pay operating costs incurred	28229
by the department in administering the ~~program~~programs.	28230

Sec. 1327.54. No person shall misrepresent the price of any	28231
commodity or service sold~~, offered, exposed,~~ or advertised for	28232
sale by weight, measure, or count, nor represent the price in any	28233
manner calculated or tending to mislead or in any way deceive a	28234
person.	28235

Sec. 1327.57. (A) Except as otherwise provided by law, any	28236
consumer package or commodity in package form introduced or	28237
delivered for introduction into or received in intrastate	28238
commerce~~, kept for the purpose of sale, or offered~~ or ~~exposed for~~	28239
~~sale~~sold in intrastate commerce shall bear on the outside of the	28240
package a definite, plain, and conspicuous declaration, as may be	28241
prescribed by rule adopted by the director of agriculture, of any	28242
of the following, as applicable:	28243

(1) The identity of the commodity in the package unless the	28244
same can easily be identified through the wrapper or container;	28245

(2) The net quantity of the contents in terms of weight,	28246
measure, or count;	28247

(3) In the case of any package ~~kept, or offered or exposed~~	28248
~~for sale, or~~ sold at any place other than on the premises where	28249
packed, the name and place of business of the manufacturer,	28250
packer, or distributor.	28251

This section does not apply to beer or intoxicating liquor as	28252
defined in section 4301.01 of the Revised Code, or packages	28253
thereof, or to malt or brewer's wort, or packages thereof.	28254

(B) Under division (A)(2) of this section, neither the	28255
qualifying term "when packed" or any words of similar import, nor	28256
any term qualifying a unit of weight, measure, or count that tends	28257
to exaggerate the amount of commodity in a package, shall be used.	28258

(C) In addition to the declarations required by division (A)	28259
of this section, any package or commodity in package form, if the	28260
package is one of a lot containing random weights, measures, or	28261
counts of the same commodity and bears the total selling price of	28262
the package, shall bear on the outside of the package a plain and	28263
conspicuous declaration of the price per single unit of weight,	28264
measure, or count.	28265

(D) No package or commodity in package form shall be so	28266
wrapped, nor shall it be in a container so made, formed, or	28267
filled, as to mislead the purchaser as to the quantity of the	28268
contents of the package, and the contents of a container shall not	28269
fall below any reasonable standard of fill that may have been	28270
prescribed for the commodity in question by the director.	28271

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	28272
the director's designee, has cause to believe that any person has	28273
violated, or is violating~~, section~~any provision of sections	28274
~~1327.54 or~~1327.46 to 1327.61 of the Revised Code or a rule	28275
adopted under them, hethe director, or ~~his~~the director's	28276
designee, may conduct a hearing in accordance with Chapter 119. of	28277
the Revised Code to determine whether a violation has occurred. If	28278
the director or ~~his~~the director's designee determines that the	28279
person has violated or is violating ~~section 1327.54 or~~any	28280
provision of sections 1327.46 to 1327.61 of the Revised Code or a	28281
rule adopted under it, hethe director or the director's designee	28282
may assess a civil penalty against the person. The person is	28283
liable for a civil penalty of not more than five hundred dollars	28284
for a first violation; for a second violation the person is liable	28285
for a civil penalty of not more than two thousand five hundred	28286
dollars; for each subsequent violation that occurs within five	28287
years after the second violation, the person is liable for a civil	28288
penalty of not more than ten thousand dollars.	28289

Any person assessed a civil penalty under this section shall	28290
pay the amount prescribed to the department of agriculture. The	28291
department shall remit all moneys collected under this section to	28292
the treasurer of state for deposit in the general revenue fund.	28293

Sec. 1327.99. Whoever violates section 1327.501 or 1327.54	28294
or division (A), (B), (C), or (D) of section 1327.61 of the	28295
Revised Code or a rule adopted under sections 1327.46 to 1327.61	28296
of the Revised Code is guilty of a misdemeanor of the second	28297
degree on a first offense; on each subsequent offense within seven	28298
years after the first offense, such person is guilty of a	28299
misdemeanor of the first degree.	28300

Sec. 1329.04. Registration of a trade name or report of a	28301
fictitious name, under sections 1329.01 to 1329.10 of the Revised	28302
Code, shall be effective for a term of five years from the date of	28303
registration or report. Upon application filed within six months	28304
prior to the expiration of such term, on a form furnished by the	28305
secretary of state, the registration or report may be renewed at	28306
the end of each five-year period for a like term, provided that a	28307
general partnership shall renew its registration or report	28308
whenever any partner named on its registration or report ceases to	28309
be a partner. Such a renewal shall extend the registration or	28310
report for five years, unless further changes occur in the	28311
interim. The renewal fee specified in division (S)(3) of section	28312
111.16 of the Revised Code, payable to the secretary of state,	28313
shall accompany the application for renewal of the registration or	28314
report.	28315

The secretary of state shall notify persons who have	28316
registered trade names or reported fictitious names, within the	28317
six months next preceding the expiration of the five years from	28318
the date of registration or report, of the necessity of renewal by	28319
~~writing~~ordinary or electronic mail to the last known physical or	28320
electronic mail address of such persons.	28321

Sec. 1329.42. A person who uses in this state a name, mark,	28322
or device to indicate ownership of articles or supplies may file	28323
in the office of the secretary of state, on a form to be	28324
prescribed by the secretary of state, a verified statement setting	28325
forth, but not limited to, the following information:	28326

(A) The name and business address of the person filing the	28327
statement; and, if a corporation, the state of incorporation;	28328

(B) The nature of the business of the applicant;

28329

(C) The type of articles or supplies in connection with which	28330
the name, mark, or device is used.	28331

The statement shall include or be accompanied by a specimen	28332
evidencing actual use of the name, mark, or device, together with	28333
the filing fee specified in division (U)(1) of section 111.16 of	28334
the Revised Code. The registration of a name, mark, or device	28335
pursuant to this section is effective for a ten-year period	28336
beginning on the date of registration. If an application for	28337
renewal is filed within six months prior to the expiration of the	28338
ten-year period on a form prescribed by the secretary of state,	28339
the registration may be renewed at the end of each ten-year period	28340
for an additional ten-year period. The renewal fee specified in	28341
division (U)(2) of section 111.16 of the Revised Code shall	28342
accompany the application for renewal. The secretary of state	28343
shall notify a registrant within the six months next preceding the	28344
expiration of ten years from the date of registration of the	28345
necessity of renewal by ~~writing~~ordinary or electronic mail to the	28346
last known physical or electronic mail address of the registrant.	28347

Sec. 1332.24. (A)(1) In accordance with section 1332.25 of	28348
the Revised Code, the director of commerce may issue to any	28349
person, or renew, a video service authorization, which	28350
authorization confers on the person the authority, subject to	28351
sections 1332.21 to 1332.34 of the Revised Code, to provide video	28352
service in its video service area; construct and operate a video	28353
service network in, along, across, or on public rights-of-way for	28354
the provision of video service; and, when necessary to provide	28355
that service, exercise the power of a telephone company under	28356
section 4931.04 of the Revised Code. The term of a video service	28357
authorization or authorization renewal shall be ten years.	28358

(2) For the purposes of the "Cable Communications Policy Act	28359
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et	28360
seq., a video service authorization shall constitute a franchise	28361
under that law, and the director shall be the sole franchising	28362
authority under that law for video service authorizations in this	28363
state.	28364

(3) The director may impose upon and collect an annual	28365
assessment on video service providers. All money collected under	28366
division (A)(3) of this section shall be deposited in the state	28367
treasury to the credit of the ~~division of administration~~video	28368
service authorization fund created under section ~~121.08~~1332.25	28369
of the Revised Code. The total amount assessed in a fiscal year	28370
shall not exceed the lesser of four hundred fifty thousand dollars	28371
or, as shall be determined annually by the director, the	28372
department's actual, current fiscal year administrative costs in	28373
carrying out its duties under sections 1332.21 to 1332.34 of the	28374
Revised Code. The director shall allocate that total amount	28375
proportionately among the video service providers to be assessed,	28376
using a formula based on subscriber counts as of the thirty-first	28377
day of December of the preceding calendar year, which counts shall	28378
be submitted to the director not later than the thirty-first day	28379
of January of each year, via a notarized statement signed by an	28380
authorized officer. Any information submitted by a video service	28381
provider to the director for the purpose of determining subscriber	28382
counts shall be considered trade secret information, shall not be	28383
disclosed except by court order, and shall not constitute a public	28384
record under section 149.43 of the Revised Code. On or about the	28385
first day of June of each year, the director shall send to each	28386
video service provider to be assessed written notice of its	28387
proportional amount of the total assessment. The provider shall	28388
pay that amount on a quarterly basis not later than forty-five	28389
days after the end of each calendar quarter. After the initial	28390
assessment, the director annually shall reconcile the amount	28391
collected with the total, current amount assessed pursuant to this	28392
section, and either shall charge each assessed video service	28393
provider its respective proportion of any insufficiency or	28394
proportionately credit the provider's next assessment for any	28395
excess collected.	28396

(B)(1) The director may investigate alleged violations of or	28397
failures to comply with division (A) of section 1332.23, division	28398
(A) of this section, division (C) of section 1332.25, division (C)	28399
or (D) of section 1332.26, division (A), (B), or (C) of section	28400
1332.27, division (A) of section 1332.28, division (A) or (B) of	28401
section 1332.29, or section 1332.30 or 1332.31 of the Revised	28402
Code, or complaints concerning any such violation or failure.	28403
Except as provided in this section, the director has no authority	28404
to regulate video service in this state, including, but not	28405
limited to, the rates, terms, or conditions of that service.	28406

(2) In conducting an investigation under division (B)(1) of	28407
this section, the director, by subpoena, may compel witnesses to	28408
testify in relation to any matter over which the director has	28409
jurisdiction and may require the production of any book, record,	28410
or other document pertaining to that matter. If a person fails to	28411
file any statement or report, obey any subpoena, give testimony,	28412
produce any book, record, or other document as required by a	28413
subpoena, or permit photocopying of any book, record, or other	28414
document subpoenaed, the court of common pleas of any county in	28415
this state, upon application made to it by the director, shall	28416
compel obedience by attachment proceedings for contempt, as in the	28417
case of disobedience of the requirements of a subpoena issued from	28418
the court or a refusal to testify.	28419

(C)(1) If the director finds that a person has violated or	28420
failed to comply with division (A) of section 1332.23, division	28421
(A) of this section, division (C) of section 1332.25, division (C)	28422
or (D) of section 1332.26, division (A), (B), or (C) of section	28423
1332.27, division (A) of section 1332.28, division (A) or (B) of	28424
section 1332.29, or section 1332.30 or 1332.31 of the Revised	28425
Code, and the person has failed to cure the violation or failure	28426
after reasonable, written notice and reasonable time to cure, the	28427
director may do any of the following:	28428

(a) Apply to the court of common pleas of any county in this	28429
state for an order enjoining the activity or requiring compliance.	28430
Such an action shall be commenced not later than three years after	28431
the date the alleged violation or failure occurred or was	28432
reasonably discovered. Upon a showing by the director that the	28433
person has engaged in a violation or failure to comply, the court	28434
shall grant an injunction, restraining order, or other appropriate	28435
relief.	28436

(b) Enter into a written assurance of voluntary compliance	28437
with the person;	28438

(c) Pursuant to an adjudication under Chapter 119. of the	28439
Revised Code, assess a civil penalty in an amount determined by	28440
the director, including for any failure to comply with an	28441
assurance of voluntary compliance under division (C)(1)(b) of this	28442
section. The amount shall be not more than one thousand dollars	28443
for each day of violation or noncompliance, not to exceed a total	28444
of ten thousand dollars, counting all subscriber impacts as a	28445
single violation or act of noncompliance. In determining whether a	28446
civil penalty is appropriate under division (C)(1)(c) of this	28447
section, the director shall consider all of the following factors:	28448

(i) The seriousness of the noncompliance;

28449

(ii) The good faith efforts of the person to comply;

28450

(iii) The person's history of noncompliance;

28451

(iv) The financial resources of the person;

28452

(v) Any other matter that justice requires.

28453

Civil penalties collected pursuant to division (C)(1)(c) of	28454
this section shall be deposited to the credit of the video service	28455
enforcement fund in the state treasury, which is hereby created,	28456
to be used by the department of commerce in carrying out its	28457
duties under this section.	28458

(2) Pursuant to an adjudication under Chapter 119. of the	28459
Revised Code, the director may revoke, in whole or in part, the	28460
video service authorization of any person that has repeatedly and	28461
knowingly violated or failed to comply with division (A) of	28462
section 1332.23, division (A) of this section, division (C) of	28463
section 1332.25, division (C) or (D) of section 1332.26, division	28464
(A), (B), or (C) of section 1332.27, division (A) of section	28465
1332.28, division (A) or (B) of section 1332.29, or section	28466
1332.30 or 1332.31 of the Revised Code and that has failed to cure	28467
the violations or noncompliances after reasonable written notice	28468
and reasonable time to cure. Such person acts knowingly,	28469
regardless of the person's purpose, when the person is aware that	28470
the person's conduct will probably cause a certain result or will	28471
probably be of a certain nature. A person has knowledge of	28472
circumstances when the person is aware that such circumstances	28473
probably exist.	28474

(3) The court shall conduct a de novo review in any appeal	28475
from an adjudication under division (C)(1)(c) or (C)(2) of this	28476
section.	28477

(D) The public utilities commission has no authority over a	28478
video service provider in its offering of video service or a cable	28479
operator in its offering of cable or video service, or over any	28480
person in its offering of video service pursuant to a competitive	28481
video service agreement.	28482

Sec. 1345.73. It(A) Except as provided in division (B) of	28483
this section, it shall be presumed that a reasonable number of	28484
attempts have been undertaken by the manufacturer, its dealer, or	28485
its authorized agent to conform a motor vehicle to any applicable	28486
express warranty if, during the period of one year following the	28487
date of original delivery or during the first eighteen thousand	28488
miles of operation, whichever is earlier, any of the following	28489
apply:	28490

~~(A)~~(1) Substantially the same nonconformity has been subject	28491
to repair three or more times and either continues to exist or	28492
recurs;	28493

~~(B)~~(2) The vehicle is out of service by reason of repair for	28494
a cumulative total of thirty or more calendar days;	28495

~~(C)~~(3) There have been eight or more attempts to repair any	28496
nonconformity;	28497

~~(D)~~(4) There has been at least one attempt to repair a	28498
nonconformity that results in a condition that is likely to cause	28499
death or serious bodily injury if the vehicle is driven, and the	28500
nonconformity either continues to exist or recurs.	28501

(B)(1) Any period of time described in division (A) of this	28502
section shall be extended by any period of time during which the	28503
vehicle could not be reasonably repaired due to war, invasion,	28504
civil unrest, strike, fire, flood, or natural disaster.	28505

(2) If an extension of time is necessitated under division	28506
(B)(1) of this section due to the conditions described in that	28507
division, the manufacturer shall arrange for the use of a vehicle	28508
for the consumer whose vehicle is out of service at no cost to the	28509
consumer. If the manufacturer utilizes or contracts with a motor	28510
vehicle dealer or other third party to provide the vehicle, the	28511
manufacturer shall reimburse the motor vehicle dealer or other	28512
third party at a reasonable rate for the use of the vehicle.	28513

Sec. 1347.08. (A) Every state or local agency that maintains	28514
a personal information system, upon the request and the proper	28515
identification of any person who is the subject of personal	28516
information in the system, shall:	28517

(1) Inform the person of the existence of any personal	28518
information in the system of which the person is the subject;	28519

(2) Except as provided in divisions (C) and (E)(2) of this	28520
section, permit the person, the person's legal guardian, or an	28521
attorney who presents a signed written authorization made by the	28522
person, to inspect all personal information in the system of which	28523
the person is the subject;	28524

(3) Inform the person about the types of uses made of the	28525
personal information, including the identity of any users usually	28526
granted access to the system.	28527

(B) Any person who wishes to exercise a right provided by	28528
this section may be accompanied by another individual of the	28529
person's choice.	28530

(C)(1) A state or local agency, upon request, shall disclose	28531
medical, psychiatric, or psychological information to a person who	28532
is the subject of the information or to the person's legal	28533
guardian, unless a physician, psychiatrist, or psychologist	28534
determines for the agency that the disclosure of the information	28535
is likely to have an adverse effect on the person, in which case	28536
the information shall be released to a physician, psychiatrist, or	28537
psychologist who is designated by the person or by the person's	28538
legal guardian.	28539

(2) Upon the signed written request of either a licensed	28540
attorney at law or a licensed physician designated by the inmate,	28541
together with the signed written request of an inmate of a	28542
correctional institution under the administration of the	28543
department of rehabilitation and correction, the department shall	28544
disclose medical information to the designated attorney or	28545
physician as provided in division (C) of section 5120.21 of the	28546
Revised Code.	28547

(D) If an individual who is authorized to inspect personal	28548
information that is maintained in a personal information system	28549
requests the state or local agency that maintains the system to	28550
provide a copy of any personal information that the individual is	28551
authorized to inspect, the agency shall provide a copy of the	28552
personal information to the individual. Each state and local	28553
agency may establish reasonable fees for the service of copying,	28554
upon request, personal information that is maintained by the	28555
agency.	28556

(E)(1) This section regulates access to personal information	28557
that is maintained in a personal information system by persons who	28558
are the subject of the information, but does not limit the	28559
authority of any person, including a person who is the subject of	28560
personal information maintained in a personal information system,	28561
to inspect or have copied, pursuant to section 149.43 of the	28562
Revised Code, a public record as defined in that section.	28563

(2) This section does not provide a person who is the subject	28564
of personal information maintained in a personal information	28565
system, the person's legal guardian, or an attorney authorized by	28566
the person, with a right to inspect or have copied, or require an	28567
agency that maintains a personal information system to permit the	28568
inspection of or to copy, a confidential law enforcement	28569
investigatory record or trial preparation record, as defined in	28570
divisions (A)(2) and (4) of section 149.43 of the Revised Code.	28571

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

28572

(1) The contents of an adoption file maintained by the	28573
department of health under section 3705.12 of the Revised Code;	28574

(2) Information contained in the putative father registry	28575
established by section 3107.062 of the Revised Code, regardless of	28576
whether the information is held by the department of job and	28577
family services or, pursuant to section 3111.69 of the Revised	28578
Code, the office of child support in the department or a child	28579
support enforcement agency;	28580

(3) Papers, records, and books that pertain to an adoption	28581
and that are subject to inspection in accordance with section	28582
3107.17 of the Revised Code;	28583

(4) Records listed in division (A) of section 3107.42 of the	28584
Revised Code or specified in division (A) of section 3107.52 of	28585
the Revised Code;	28586

(5) Records that identify an individual described in division	28587
~~(A)~~(B)(1) of section 3721.031 of the Revised Code, or that would	28588
tend to identify such an individual;	28589

(6) Files and records that have been expunged under division	28590
(D)(1) or (2) of section 3721.23 of the Revised Code;	28591

(7) Records that identify an individual described in division	28592
(A)(1) of section 3721.25 of the Revised Code, or that would tend	28593
to identify such an individual;	28594

(8) Records that identify an individual described in division	28595
(A)(1) of section 5111.61 of the Revised Code, or that would tend	28596
to identify such an individual;	28597

(9) Test materials, examinations, or evaluation tools used in	28598
an examination for licensure as a nursing home administrator that	28599
the board of examiners of nursing home administrators administers	28600
under section 4751.04 of the Revised Code or contracts under that	28601
section with a private or government entity to administer;	28602

(10) Information contained in a database established and	28603
maintained pursuant to section 5101.13 of the Revised Code.	28604

Sec. 1501.022. There is hereby created in the state treasury	28605
the injection well review fund consisting of moneys transferred to	28606
it under section 6111.046 of the Revised Code. Moneys in the fund	28607
shall be used by the chiefs of the divisions of mineral resources	28608
management, oil and gas resources management, geological survey,	28609
and soil and water resources in the department of natural	28610
resources exclusively for the purpose of executing their duties	28611
under sections 6111.043 to 6111.047 of the Revised Code.	28612

Sec. 1501.40. The department of natural resources is the	28613
designated state agency responsible for the coordination and	28614
administration of sections 120 to 136 of the "National and	28615
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	28616
12401 to 12456, as amended. With the assistance of the Ohio	28617
~~community~~commission on service ~~council~~and volunteerism created	28618
in section 121.40 of the Revised Code, the director of natural	28619
resources shall coordinate with other state agencies to apply for	28620
funding under the act when appropriate and shall administer any	28621
federal funds the state receives under sections 120 to 136 of the	28622
act.	28623

Sec. 1503.05. (A) The chief of the division of forestry may	28624
sell timber and other forest products from the state forest and	28625
state forest nurseries whenever the chief considers such a sale	28626
desirable and, with the approval of the attorney general and the	28627
director of natural resources, may sell portions of the state	28628
forest lands when such a sale is advantageous to the state.	28629

(B) Except as otherwise provided in this section, a timber	28630
sale agreement shall not be executed unless the person or	28631
governmental entity bidding on the sale executes and files a	28632
surety bond conditioned on completion of the timber sale in	28633
accordance with the terms of the agreement in an amount equal to	28634
twenty-five per cent of the highest value cutting section. All	28635
bonds shall be given in a form prescribed by the chief and shall	28636
run to the state as obligee.	28637

The chief shall not approve any bond until it is personally	28638
signed and acknowledged by both principal and surety, or as to	28639
either by the attorney in fact thereof, with a certified copy of	28640
the power of attorney attached. The chief shall not approve the	28641
bond unless there is attached a certificate of the superintendent	28642
of insurance that the company is authorized to transact a fidelity	28643
and surety business in this state.	28644

In lieu of a bond, the bidder may deposit any of the	28645
following:	28646

(1) Cash in an amount equal to the amount of the bond;

28647

(2) United States government securities having a par value	28648
equal to or greater than the amount of the bond;	28649

(3) Negotiable certificates of deposit or irrevocable letters	28650
of credit issued by any bank organized or transacting business in	28651
this state having a par value equal to or greater than the amount	28652
of the bond.	28653

The cash or securities shall be deposited on the same terms	28654
as bonds. If one or more certificates of deposit are deposited in	28655
lieu of a bond, the chief shall require the bank that issued any	28656
of the certificates to pledge securities of the aggregate market	28657
value equal to the amount of the certificate or certificates that	28658
is in excess of the amount insured by the federal deposit	28659
insurance corporation. The securities to be pledged shall be those	28660
designated as eligible under section 135.18 of the Revised Code.	28661
The securities shall be security for the repayment of the	28662
certificate or certificates of deposit.	28663

Immediately upon a deposit of cash, securities, certificates	28664
of deposit, or letters of credit, the chief shall deliver them to	28665
the treasurer of state, who shall hold them in trust for the	28666
purposes for which they have been deposited. The treasurer of	28667
state is responsible for the safekeeping of the deposits. A bidder	28668
making a deposit of cash, securities, certificates of deposit, or	28669
letters of credit may withdraw and receive from the treasurer of	28670
state, on the written order of the chief, all or any portion of	28671
the cash, securities, certificates of deposit, or letters of	28672
credit upon depositing with the treasurer of state cash, other	28673
United States government securities, or other negotiable	28674
certificates of deposit or irrevocable letters of credit issued by	28675
any bank organized or transacting business in this state, equal in	28676
par value to the par value of the cash, securities, certificates	28677
of deposit, or letters of credit withdrawn.	28678

A bidder may demand and receive from the treasurer of state	28679
all interest or other income from any such securities or	28680
certificates as it becomes due. If securities so deposited with	28681
and in the possession of the treasurer of state mature or are	28682
called for payment by their issuer, the treasurer of state, at the	28683
request of the bidder who deposited them, shall convert the	28684
proceeds of the redemption or payment of the securities into other	28685
United States government securities, negotiable certificates of	28686
deposit, or cash as the bidder designates.	28687

When the chief finds that a person or governmental agency has	28688
failed to comply with the conditions of the person's or	28689
governmental agency's bond, the chief shall make a finding of that	28690
fact and declare the bond, cash, securities, certificates, or	28691
letters of credit forfeited. The chief thereupon shall certify the	28692
total forfeiture to the attorney general, who shall proceed to	28693
collect the amount of the bond, cash, securities, certificates, or	28694
letters of credit.	28695

In lieu of total forfeiture, the surety, at its option, may	28696
cause the timber sale to be completed or pay to the treasurer of	28697
state the cost thereof.	28698

All moneys collected as a result of forfeitures of bonds,	28699
cash, securities, certificates, and letters of credit under this	28700
section shall be credited to the state forest fund created in this	28701
section.	28702

(C) The chief may grant easements and leases on portions of	28703
the state forest lands and state forest nurseries under terms that	28704
are advantageous to the state, and the chief may grant mineral	28705
rights on a royalty basis on those lands and nurseries, with the	28706
approval of the attorney general and the director.	28707

(D) All moneys received from the sale of state forest lands,	28708
or in payment for easements or leases on or as rents from those	28709
lands or from state forest nurseries, shall be paid into the state	28710
treasury to the credit of the state forest fund, which is hereby	28711
created. In addition, all moneys received from federal grants,	28712
payments, and reimbursements, from the sale of reforestation tree	28713
stock, from the sale of forest products, other than standing	28714
timber, and from the sale of minerals taken from the state forest	28715
lands and state forest nurseries, together with royalties from	28716
mineral rights, shall be paid into the state treasury to the	28717
credit of the state forest fund. Any other revenues derived from	28718
the operation of the state forests and related facilities or	28719
equipment also shall be paid into the state treasury to the credit	28720
of the state forest fund, as shall contributions received for the	28721
issuance of Smokey Bear license plates under section 4503.574 of	28722
the Revised Code and any other moneys required by law to be	28723
deposited in the fund.	28724

The state forest fund shall not be expended for any purpose	28725
other than the administration, operation, maintenance,	28726
development, or utilization of the state forests, forest	28727
nurseries, and forest programs, for facilities or equipment	28728
incident to them, or for the further purchase of lands for state	28729
forest or forest nursery purposes and, in the case of	28730
contributions received pursuant to section 4503.574 of the Revised	28731
Code, for fire prevention purposes.	28732

All moneys received from the sale of standing timber taken	28733
from state forest lands and state forest nurseries shall be	28734
deposited into the state treasury to the credit of the forestry	28735
holding account redistribution fund, which is hereby created. The	28736
moneys shall remain in the fund until they are redistributed in	28737
accordance with this division.	28738

The redistribution shall occur at least once each year. To	28739
begin the redistribution, the chief first shall determine the	28740
amount of all standing timber sold from state forest lands and	28741
state forest nurseries, together with the amount of the total sale	28742
proceeds, in each county, in each township within the county, and	28743
in each school district within the county. The chief next shall	28744
determine the amount of the direct costs that the division of	28745
forestry incurred in association with the sale of that standing	28746
timber. The amount of the direct costs shall be subtracted from	28747
the amount of the total sale proceeds and shall be transferred	28748
from the forestry holding account redistribution fund to the state	28749
forest fund.	28750

The remaining amount of the total sale proceeds equals the	28751
net value of the standing timber that was sold. The chief shall	28752
determine the net value of standing timber sold from state forest	28753
lands and state forest nurseries in each county, in each township	28754
within the county, and in each school district within the county	28755
and shall send to each county treasurer a copy of the	28756
determination at the time that moneys are paid to the county	28757
treasurer under this division.	28758

~~Twenty-five~~Thirty-five per cent of the net value of standing	28759
timber sold from state forest lands and state forest nurseries	28760
located in a county shall be transferred from the forestry holding	28761
account redistribution fund to the state forest fund. ~~Ten per cent~~	28762
~~of that net value shall be transferred from the forestry holding~~	28763
~~account redistribution fund to the general revenue fund.~~ The	28764
remaining sixty-five per cent of the net value shall be	28765
transferred from the forestry holding account redistribution fund	28766
and paid to the county treasurer for the use of the general fund	28767
of that county.	28768

The county auditor shall do all of the following:

28769

(1) Retain for the use of the general fund of the county	28770
one-fourth of the amount received by the county under division (D)	28771
of this section;	28772

(2) Pay into the general fund of any township located within	28773
the county and containing such lands and nurseries one-fourth of	28774
the amount received by the county from standing timber sold from	28775
lands and nurseries located in the township;	28776

(3) Request the board of education of any school district	28777
located within the county and containing such lands and nurseries	28778
to identify which fund or funds of the district should receive the	28779
moneys available to the school district under division (D)(3) of	28780
this section. After receiving notice from the board, the county	28781
auditor shall pay into the fund or funds so identified one-half of	28782
the amount received by the county from standing timber sold from	28783
lands and nurseries located in the school district, distributed	28784
proportionately as identified by the board.	28785

The division of forestry shall not supply logs, lumber, or	28786
other forest products or minerals, taken from the state forest	28787
lands or state forest nurseries, to any other agency or	28788
subdivision of the state unless payment is made therefor in the	28789
amount of the actual prevailing value thereof. This section is	28790
applicable to the moneys so received.	28791

(E) The chief may enter into a personal service contract for	28792
consulting services to assist the chief with the sale of timber or	28793
other forest products and related inventory. Compensation for	28794
consulting services shall be paid from the proceeds of the sale of	28795
timber or other forest products and related inventory that are the	28796
subject of the personal service contract.	28797

Sec. 1503.141. There is hereby created in the state treasury	28798
the wildfire suppression fund. The fund shall consist of any	28799
federal moneys received for the purposes of this section and	28800
donations, gifts, bequests, and other moneys received for those	28801
purposes. In addition, the chief of the division of forestry	28802
annually may request that the director of budget and management	28803
transfer, and, if so requested, the director shall transfer, not	28804
more than one hundred thousand dollars to the wildfire suppression	28805
fund from the ~~general revenue~~state forest fund created in section	28806
1503.05 of the Revised Code. The amount transferred shall consist	28807
only of money deposited into the ~~general revenue~~state forest fund	28808
from the sale of standing timber taken from state forest lands as	28809
set forth in that section ~~1503.05 of the Revised Code~~.	28810

The chief shall use moneys in the wildfire suppression fund	28811
to reimburse firefighting agencies and private fire companies for	28812
their costs incurred in the suppression of wildfires. The chief	28813
shall provide such reimbursement pursuant to agreements and	28814
contracts entered into under section 1503.14 of the Revised Code	28815
and in accordance with the following schedule:	28816

(A) For wildfire suppression on private land, an initial	28817
seventy-dollar payment to the firefighting agency or private fire	28818
company;	28819

(B) For wildfire suppression on land under the administration	28820
or care of the department of natural resources or on land that is	28821
part of any national forest administered by the United States	28822
department of agriculture forest service, an initial	28823
one-hundred-dollar payment to the firefighting agency or private	28824
fire company;	28825

(C) For any wildfire suppression on land specified in	28826
division (A) or (B) of this section lasting more than two hours,	28827
an additional payment of thirty-five dollars per hour.	28828

If at any time moneys in the fund exceed two hundred thousand	28829
dollars, the chief shall disburse the moneys that exceed that	28830
amount to the firefighting agencies and private fire companies in	28831
accordance with rules that the chief shall adopt in accordance	28832
with Chapter 119. of the Revised Code. The rules shall establish	28833
requirements and procedures that are similar in purpose and	28834
operation to the federal rural community fire protection program	28835
established under the "Cooperative Forestry Assistance Act of	28836
1978," 92 Stat. 365, 16 U.S.C.A. 2101, as amended.	28837

As used in this section, "firefighting agency" and "private	28838
fire company" have the same meanings as in section 9.60 of the	28839
Revised Code.	28840

Sec. 1505.01. The division of geological survey:

28841

(A) Shall collect, study, and interpret all available	28842
information pertaining to the geomorphology, stratigraphy,	28843
paleontology, mineralogy, and geologic structure of the state and	28844
shall publish reports on the same;	28845

(B) Shall collect, study, and interpret all available data	28846
pertaining to the origin, distribution, extent, use, and valuation	28847
of mineralogical and geological raw materials and natural	28848
resources such as: clays, coals, building stones, gypsum, salt,	28849
limestones ~~and~~, dolomite, aggregates, sand, gravel, shales ~~for~~	28850
~~cement and other uses, petroleum~~, oil, natural gas, brines, ~~saline~~	28851
~~deposits,~~ molding sands, and other natural substances of use and	28852
value, excluding only those pertaining to water usable as such for	28853
agricultural, industrial, commercial, and domestic purposes, but	28854
not excluding other rock fluids such as natural and artificial	28855
brines and oil-well fluids;	28856

(C) Shall make special studies and reports of resources of	28857
geological nature within the state ~~which~~that in its discretion	28858
are of current or potential economic, environmental, or	28859
educational significance or of significance to the health,	28860
welfare, and safety of the public;	28861

(D) May examine the technological processes by which mining,	28862
quarrying, or other extracting processes may be improved, or by	28863
which materials now uneconomical to exploit may be extracted and	28864
used commercially for the public welfare;	28865

(E) Shall make, store, catalog, and have available ~~for~~	28866
~~distribution~~in perpetuity data, maps, diagrams, records, rock	28867
cores, samples, profiles, and geologic sections portraying the	28868
geological characteristics and topography of the state, both of	28869
general nature and of specific localities;	28870

(F) May~~, or at the request of other agencies of the state~~	28871
~~government shall,~~ advise ~~and~~, consult, or collaborate with	28872
representatives of ~~those~~ agencies of the state, other state	28873
governments, or the United States government on problems or issues	28874
of a geological nature;	28875

(G) Shall advise, consult, or collaborate with	28876
representatives of agencies of the state, other state governments,	28877
or the United States government on problems or issues of a	28878
geological nature when requested by such an agency or government;	28879

(H) May create custom maps, custom data sets, or other custom	28880
products for government agencies, colleges and universities, and	28881
persons;	28882

(I) May provide information on the geological nature of the	28883
state to government agencies, colleges and universities, and	28884
persons.	28885

Sec. 1505.04. (A) Any person, firm, government agency, or	28886
corporation who, for hire, or by its own forces for economic use	28887
or exploration, drills, bores, or digs within the state a well for	28888
the production or extraction of any gas or liquid, excluding only	28889
water to be used as such, but including natural or artificial	28890
brines and oil-filled waters, or who drills ~~wells~~, bores, or digs	28891
within the state a well to explore geological formations, shall	28892
keep a careful and accurate log of ~~such~~the activity and report	28893
the same together with the results of any rock or fluid analyses	28894
or of any production ~~test results~~or pressure tests in such form	28895
as is designated by the division of geological survey to the chief	28896
of the division of geological survey.	28897

(B) The division may file such well logs and establish and	28898
observe such regulations regarding their availability and use as	28899
will meet the legitimate requirements of the owner or lessee of	28900
the well. Personnel of the division of may examine any such well	28901
during its construction to confirm the accuracy of the log and to	28902
collect samples of the cores, chips, fluids, gases, or sludge.	28903

(C) No person, firm, agency, or corporation shall fail to	28904
keep an accurate log or file a report as required in division (A)	28905
of this section.	28906

Sec. 1505.05. (A) Notwithstanding any other provision of the	28907
Revised Code to the contrary, the chief of the division of	28908
geological survey shall adopt rules under Chapter 119. of the	28909
Revised Code that establish a fee schedule for requests for	28910
manipulated, interpreted, or analyzed data from the geologic	28911
records, data, maps, rock cores, and samples archived by the	28912
division. The fee schedule may include the cost of specialized	28913
storage requirements, programming, labor, research, retrieval,	28914
data manipulation, and copying and mailing of records requested	28915
from the archives. In addition, the rules shall establish	28916
procedures for the levying and collection of the fees in the fee	28917
schedule.	28918

(B) For purposes of divisions (H) and (I) of section 1505.01	28919
of the Revised Code, the chief shall adopt rules under Chapter	28920
119. of the Revised Code that establish a fee schedule to be paid	28921
for creating custom maps, custom data sets, and other custom	28922
products and for providing geological information of the state.	28923
The fee schedule may include the costs of labor, research,	28924
analysis, equipment, and technology. In addition, the rules shall	28925
establish procedures for the levying and collection of the fees in	28926
the fee schedule.	28927

(C) The chief may reduce or waive a fee in a fee schedule	28928
established in rules adopted under division (A) or (B) of this	28929
section for a student that is enrolled in an institution of higher	28930
education.	28931

(D) Any revision to a fee schedule established in rules	28932
adopted under division (A) or (B) of this section shall be	28933
established in rules adopted under Chapter 119. of the Revised	28934
Code. A revision to a fee schedule is subject to review by the	28935
Ohio geology advisory council created in section 1505.11 of the	28936
Revised Code and to approval by the director of natural resources.	28937

(E) All fees collected under this section shall be credited	28938
to the geological mapping fund created in section 1505.09 of the	28939
Revised Code.	28940

Sec. 1505.06. The chief of the division of geological survey	28941
in the discharge of ~~his~~official duties under ~~section~~sections	28942
1505.01 to 1505.08~~, inclusive,~~ of the Revised Code, may call to	28943
~~his~~the chief's assistance, temporarily, any engineers or other	28944
employees in any state department, or in the Ohio state	28945
university, or other educational institutions financed wholly or	28946
in part by the state, for the purpose of making studies, surveys,	28947
maps, and plans for ~~erosion~~economic development or geologic	28948
hazards projects.	28949

Such engineers and employees shall not receive any additional	28950
compensation over that which they receive from the departments by	28951
which they are employed, but they shall be reimbursed for their	28952
actual necessary expenses incurred while working under the	28953
direction of the chief on ~~erosion~~the projects.	28954

Sec. 1505.09. There is hereby created in the state treasury	28955
the geological mapping fund, to be administered by the chief of	28956
the division of geological survey. The fund shall be used	28957
~~exclusively~~ for the purposes of performing the necessary field,	28958
laboratory, and administrative tasks to map and make public	28959
reports on the geology, geologic hazards, and energy and mineral	28960
resources ~~of each county~~ of the state. The source of moneys for	28961
the fund shall include, but not be limited to, the mineral	28962
severance tax as specified in section 5749.02 of the Revised Code	28963
and the fees collected under rules adopted under section 1505.05	28964
of the Revised Code. The chief may seek federal or other moneys in	28965
addition to the mineral severance tax and fees to carry out the	28966
purposes of this section. If the chief receives federal moneys for	28967
the purposes of this section, hethe chief shall deposit those	28968
moneys into the state treasury to the credit of a fund ~~which shall~~	28969
be created ~~at that time~~ by the controlling board to carry out	28970
those purposes. Other moneys received by the chief for the	28971
purposes of this section in addition to the mineral severance tax,	28972
fees, and federal moneys shall be credited to the geological	28973
mapping fund.	28974

Sec. 1505.11. There is hereby created in the department of	28975
natural resources the Ohio geology advisory council consisting of	28976
seven members to be appointed by the governor with the advice and	28977
consent of the senate. No more than four of the members shall be	28978
of the same political party. Members shall be persons who have a	28979
demonstrated interest in ~~Ohio~~the geology and mineral resources of	28980
this state and whose expertise reflects the various	28981
responsibilities of the division of geological survey. The council	28982
shall include at least one representative from each of the	28983
following: the oil and gas industry, the industrial minerals	28984
industry, the coal industry, hydrogeology interests, environmental	28985
geology interests, and an institution of higher education in this	28986
state. The chief of the division of geological survey may	28987
participate in the deliberations of the council, but shall not	28988
vote.	28989

Within ninety days after ~~the effective date of this section~~	28990
May 3, 1990, the governor shall make initial appointments to the	28991
council. Of the initial appointments, three shall be for a term	28992
ending one year after ~~the effective date of this section~~May 3,	28993
1990, three shall be for a term ending two years after ~~the~~	28994
~~effective date of this section~~May 3, 1990, and one shall be for a	28995
term ending three years after ~~the effective date of this section~~	28996
May 3, 1990. Thereafter, terms of office shall be for three years,	28997
with each term ending on the same day of the same month as did the	28998
term that it succeeds. Members may be reappointed. The governor	28999
may remove any member at any time for inefficiency, neglect of	29000
duty, or malfeasance in office. Vacancies shall be filled in the	29001
manner provided for original appointments. Any member appointed to	29002
fill a vacancy prior to the expiration date of the term for which	29003
~~his~~the member's predecessor was appointed shall hold office as a	29004
member for the remainder of that term. A member shall continue in	29005
office subsequent to the expiration date of ~~his~~the member's term	29006
until ~~his~~the member's successor takes office or until a period of	29007
sixty days has elapsed, whichever occurs first.	29008

Serving as an appointed member on the council does not	29009
constitute holding a public office or position of employment under	29010
the laws of this state and does not constitute grounds for removal	29011
of public officers or employees from their offices or positions of	29012
employment.	29013

Members shall serve without compensation, but shall be	29014
reimbursed for their actual and necessary expenses incurred in the	29015
performance of their official duties from moneys appropriated to	29016
the division.	29017

The council annually shall select from its members a ~~chairman~~	29018
chairperson and a ~~vice-chairman~~vice-chairperson. The council	29019
shall hold at least one meeting each calendar quarter and shall	29020
keep a record of its proceedings, which shall be open to public	29021
inspection. Special meetings may be called by the ~~chairman~~	29022
chairperson and shall be called upon the written request of two or	29023
more members. A majority of the members constitutes a quorum. The	29024
division shall furnish clerical, technical, legal, and other	29025
services required by the council in the performance of its duties.	29026

The council shall do all of the following:

29027

(A) Advise the chief ~~of the division of geological survey~~ in	29028
carrying out the duties of the division under this chapter;	29029

(B) Recommend policy and legislation with respect to geology,	29030
resource analysis, and management that will promote the economic	29031
and industrial development of the state while minimizing threats	29032
to the natural environment of the state;	29033

(C) Review and make recommendations on the development of	29034
plans and programs for long-term, comprehensive geologic mapping	29035
and analysis throughout the state;	29036

(D) Recommend ways to enhance cooperation among governmental	29037
agencies having an interest in ~~Ohio~~the geology of the state to	29038
encourage wise use and management of the geology and mineral	29039
resources of the state. To this end, the council shall request	29040
nonvoting representation from appropriate governmental agencies.	29041

(E) Review and make recommendations with respect to changes	29042
in the fee schedules established in rules adopted under section	29043
1505.05 of the Revised Code.	29044

Sec. 1505.99. (A) Whoever violates section 1505.07 of the	29045
Revised Code shall be fined not less than one thousand nor more	29046
than two thousand dollars on a first offense; on each subsequent	29047
offense, the person shall be fined not less than two thousand nor	29048
more than five thousand dollars.	29049

(B) Whoever violates section 1505.04 or 1505.10 of the	29050
Revised Code shall be fined not less than one hundred nor more	29051
than one thousand dollars on a first offense; on each subsequent	29052
offense, the person shall be fined not less than one thousand nor	29053
more than two thousand dollars. Notwithstanding any section of the	29054
Revised Code relating to the distribution or crediting of fines	29055
for violations of the Revised Code, all fines imposed under this	29056
division shall be paid into the geological mapping fund created in	29057
section 1505.09 of the Revised Code.	29058

Sec. 1506.21. (A) There is hereby created the Ohio Lake Erie	29059
commission, consisting of the directors of environmental	29060
protection, natural resources, health, agriculture, and	29061
transportation, or their designees, and five additional members	29062
appointed by the governor who shall serve at the pleasure of the	29063
governor. The members of the commission annually shall designate a	29064
chairperson, who shall preside at the meetings of the commission,	29065
and a secretary.	29066

The commission shall hold at least one meeting every three	29067
months. The secretary of the commission shall keep a record of its	29068
proceedings. Special meetings shall be held at the call of the	29069
chairperson or upon the request of four members of the commission.	29070
All meetings and records of the commission shall be open to the	29071
public. ~~Three~~Six members of the commission constitute a quorum.	29072
The agencies represented on the commission shall furnish clerical,	29073
technical, and other services required by the commission in the	29074
performance of its duties.	29075

(B) The commission shall do all of the following:

29076

(1) Ensure the coordination of state and local policies and	29077
programs pertaining to Lake Erie water quality, toxic pollution	29078
control, and resource protection;	29079

(2) Review, and make recommendations concerning, the	29080
development and implementation of policies, programs, and issues	29081
for long-term, comprehensive protection of Lake Erie water	29082
resources and water quality that are consistent with the great	29083
lakes water quality agreement and the great lakes toxic substances	29084
control agreement;	29085

(3) Recommend policies and programs to modify the coastal	29086
management program of this state;	29087

(4) At each regular meeting, consider matters relating to the	29088
implementation of sections 1506.22 and 1506.23 of the Revised	29089
Code;	29090

(5) Publish and submit the Lake Erie protection agenda in	29091
accordance with division (C) of section 1506.23 of the Revised	29092
Code;	29093

(6) Ensure the implementation of a basinwide approach to Lake	29094
Erie issues;	29095

(7) Increase representation of the interests of this state in	29096
state, regional, national, and international forums pertaining to	29097
the resources and water quality of Lake Erie and the Lake Erie	29098
basin;	29099

(8) Promote education concerning the wise management of the	29100
resources of Lake Erie;	29101

(9) Establish public advisory councils as considered	29102
necessary to assist in programs established under this section and	29103
sections 1506.22 and 1506.23 of the Revised Code. Members of the	29104
public advisory councils shall represent a broad cross section of	29105
interests, shall have experience or expertise in the subject for	29106
which the advisory council was established, and shall serve	29107
without compensation.	29108

(10) Prepare and submit the report required under division	29109
(D) of section 1506.23 of the Revised Code.	29110

(C) Each state agency, upon the request of the commission,	29111
shall cooperate in the implementation of this section and sections	29112
1506.22 and 1506.23 of the Revised Code.	29113

Sec. 1509.01. As used in this chapter:

29114

(A) "Well" means any borehole, whether drilled or bored,	29115
within the state for production, extraction, or injection of any	29116
gas or liquid mineral, excluding potable water to be used as such,	29117
but including natural or artificial brines and oil field waters.	29118

(B) "Oil" means crude petroleum oil and all other	29119
hydrocarbons, regardless of gravity, that are produced in liquid	29120
form by ordinary production methods, but does not include	29121
hydrocarbons that were originally in a gaseous phase in the	29122
reservoir.	29123

(C) "Gas" means all natural gas and all other fluid	29124
hydrocarbons that are not oil, including condensate.	29125

(D) "Condensate" means liquid hydrocarbons that were	29126
originally in the gaseous phase in the reservoir.	29127

(E) "Pool" means an underground reservoir containing a common	29128
accumulation of oil or gas, or both, but does not include a gas	29129
storage reservoir. Each zone of a geological structure that is	29130
completely separated from any other zone in the same structure may	29131
contain a separate pool.	29132

(F) "Field" means the general area underlaid by one or more	29133
pools.	29134

(G) "Drilling unit" means the minimum acreage on which one	29135
well may be drilled, but does not apply to a well for injecting	29136
gas into or removing gas from a gas storage reservoir.	29137

(H) "Waste" includes all of the following:

29138

(1) Physical waste, as that term generally is understood in	29139
the oil and gas industry;	29140

(2) Inefficient, excessive, or improper use, or the	29141
unnecessary dissipation, of reservoir energy;	29142

(3) Inefficient storing of oil or gas;

29143

(4) Locating, drilling, equipping, operating, or producing an	29144
oil or gas well in a manner that reduces or tends to reduce the	29145
quantity of oil or gas ultimately recoverable under prudent and	29146
proper operations from the pool into which it is drilled or that	29147
causes or tends to cause unnecessary or excessive surface loss or	29148
destruction of oil or gas;	29149

(5) Other underground or surface waste in the production or	29150
storage of oil, gas, or condensate, however caused.	29151

(I) "Correlative rights" means the reasonable opportunity to	29152
every person entitled thereto to recover and receive the oil and	29153
gas in and under the person's tract or tracts, or the equivalent	29154
thereof, without having to drill unnecessary wells or incur other	29155
unnecessary expense.	29156

(J) "Tract" means a single, individually taxed parcel of land	29157
appearing on the tax list.	29158

(K) "Owner," unless referring to a mine, means the person who	29159
has the right to drill on a tract or drilling unit, to drill into	29160
and produce from a pool, and to appropriate the oil or gas	29161
produced therefrom either for the person or for others, except	29162
that a person ceases to be an owner with respect to a well when	29163
the well has been plugged in accordance with applicable rules	29164
adopted and orders issued under this chapter. "Owner" does not	29165
include a person who obtains a lease of the mineral rights for oil	29166
and gas on a parcel of land if the person does not attempt to	29167
produce or produce oil or gas from a well or obtain a permit under	29168
this chapter for a well or if the entire interest of a well is	29169
transferred to the person in accordance with division (B) of	29170
section 1509.31 of the Revised Code.	29171

(L) "Royalty interest" means the fee holder's share in the	29172
production from a well.	29173

(M) "Discovery well" means the first well capable of	29174
producing oil or gas in commercial quantities from a pool.	29175

(N) "Prepared clay" means a clay that is plastic and is	29176
thoroughly saturated with fresh water to a weight and consistency	29177
great enough to settle through saltwater in the well in which it	29178
is to be used, except as otherwise approved by the chief of the	29179
division of ~~mineral~~oil and gas resources management.	29180

(O) "Rock sediment" means the combined cutting and residue	29181
from drilling sedimentary rocks and formation.	29182

(P) "Excavations and workings," "mine," and "pillar" have the	29183
same meanings as in section 1561.01 of the Revised Code.	29184

(Q) "Coal bearing township" means a township designated as	29185
such by the chief of the division of mineral resources management	29186
under section 1561.06 of the Revised Code.	29187

(R) "Gas storage reservoir" means a continuous area of a	29188
subterranean porous sand or rock stratum or strata into which gas	29189
is or may be injected for the purpose of storing it therein and	29190
removing it therefrom and includes a gas storage reservoir as	29191
defined in section 1571.01 of the Revised Code.	29192

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	29193
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	29194
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	29195
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	29196
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	29197
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	29198
regulations adopted under those acts.	29199

(T) "Person" includes any political subdivision, department,	29200
agency, or instrumentality of this state; the United States and	29201
any department, agency, or instrumentality thereof; and any legal	29202
entity defined as a person under section 1.59 of the Revised Code.	29203

(U) "Brine" means all saline geological formation water	29204
resulting from, obtained from, or produced in connection with	29205
exploration, drilling, well stimulation, production of oil or gas,	29206
or plugging of a well.	29207

(V) "Waters of the state" means all streams, lakes, ponds,	29208
marshes, watercourses, waterways, springs, irrigation systems,	29209
drainage systems, and other bodies of water, surface or	29210
underground, natural or artificial, that are situated wholly or	29211
partially within this state or within its jurisdiction, except	29212
those private waters that do not combine or effect a junction with	29213
natural surface or underground waters.	29214

(W) "Exempt Mississippian well" means a well that meets all	29215
of the following criteria:	29216

(1) Was drilled and completed before January 1, 1980;

29217

(2) Is located in an unglaciated part of the state;

29218

(3) Was completed in a reservoir no deeper than the	29219
Mississippian Big Injun sandstone in areas underlain by	29220
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	29221
sandstone in areas directly underlain by Permian stratigraphy;	29222

(4) Is used primarily to provide oil or gas for domestic use.

29223

(X) "Exempt domestic well" means a well that meets all of the	29224
following criteria:	29225

(1) Is owned by the owner of the surface estate of the tract	29226
on which the well is located;	29227

(2) Is used primarily to provide gas for the owner's domestic	29228
use;	29229

(3) Is located more than two hundred feet horizontal distance	29230
from any inhabited private dwelling house other than an inhabited	29231
private dwelling house located on the tract on which the well is	29232
located;	29233

(4) Is located more than two hundred feet horizontal distance	29234
from any public building that may be used as a place of resort,	29235
assembly, education, entertainment, lodging, trade, manufacture,	29236
repair, storage, traffic, or occupancy by the public.	29237

(Y) "Urbanized area" means an area where a well or production	29238
facilities of a well are located within a municipal corporation or	29239
within a township that has an unincorporated population of more	29240
than five thousand in the most recent federal decennial census	29241
prior to the issuance of the permit for the well or production	29242
facilities.	29243

(Z) "Well stimulation" or "stimulation of a well" means the	29244
process of enhancing well productivity, including hydraulic	29245
fracturing operations.	29246

(AA) "Production operation" means all operations and	29247
activities and all related equipment, facilities, and other	29248
structures that may be used in or associated with the exploration	29249
and production of oil, gas, or other mineral resources that are	29250
regulated under this chapter, including operations and activities	29251
associated with site preparation, site construction, access ~~roads~~	29252
road construction, well drilling, well completion, well	29253
stimulation, well ~~operation~~site activities, ~~site~~ reclamation,	29254
and ~~well~~ plugging. "Production operation" also includes all of the	29255
following:	29256

(1) The piping ~~and~~, equipment, and facilities used for the	29257
production and preparation of hydrocarbon gas or liquids for	29258
transportation or delivery;	29259

(2) The processes of extraction and recovery, lifting,	29260
stabilization, treatment, separation, production processing,	29261
storage, waste disposal, and measurement of hydrocarbon gas and	29262
liquids, including related equipment and facilities;	29263

(3) The processes and related equipment and facilities	29264
associated with production compression, gas lift, gas injection,	29265
~~and~~ fuel gas supply, well drilling, well stimulation, and well	29266
completion activities, including dikes, pits, and earthen and	29267
other impoundments used for the temporary storage of fluids and	29268
waste substances associated with well drilling, well stimulation,	29269
and well completion activities.	29270

(BB) "Annular overpressurization" means the accumulation of	29271
fluids within an annulus with sufficient pressure to allow	29272
migration of annular fluids into underground sources of drinking	29273
water.	29274

(CC) "Idle and orphaned well" means a well for which a bond	29275
has been forfeited or an abandoned well for which no money is	29276
available to plug the well in accordance with this chapter and	29277
rules adopted under it.	29278

(DD) "Temporarily inactive well" means a well that has been	29279
granted temporary inactive status under section 1509.062 of the	29280
Revised Code.	29281

(EE) "Material and substantial violation" means any of the	29282
following:	29283

(1) Failure to obtain a permit to drill, reopen, convert,	29284
plugback, or plug a well under this chapter;	29285

(2) Failure to obtain or maintain insurance coverage that is	29286
required under this chapter;	29287

(3) Failure to obtain or maintain a surety bond that is	29288
required under this chapter;	29289

(4) Failure to plug an abandoned well or idle and orphaned	29290
well unless the well has been granted temporary inactive status	29291
under section 1509.062 of the Revised Code or the chief of the	29292
division of oil and gas resources management has approved another	29293
option concerning the abandoned well or idle and orphaned well;	29294

(5) Failure to restore a disturbed land surface as required	29295
by section 1509.072 of the Revised Code;	29296

(6) Failure to reimburse the oil and gas well fund pursuant	29297
to a final order issued under section 1509.071 of the Revised	29298
Code;	29299

(7) Failure to comply with a final nonappealable order of the	29300
chief issued under section 1509.04 of the Revised Code.	29301

(FF) "Severer" has the same meaning as in section 5749.01 of	29302
the Revised Code.	29303

Sec. 1509.02. There is hereby created in the department of	29304
natural resources the division of ~~mineral~~oil and gas resources	29305
management, which shall be administered by the chief of the	29306
division of ~~mineral~~oil and gas resources management. The	29307
division has sole and exclusive authority to regulate the	29308
permitting, location, and spacing of oil and gas wells and	29309
production operations within the state. The regulation of oil and	29310
gas activities is a matter of general statewide interest that	29311
requires uniform statewide regulation, and this chapter and rules	29312
adopted under it constitute a comprehensive plan with respect to	29313
all aspects of the locating, drilling, well stimulation,	29314
completing, and operating of oil and gas wells within this state,	29315
including site construction and restoration, the permitting of	29316
discharges related to those activities, and the disposal of wastes	29317
from those wells. Nothing in this section affects the authority	29318
granted to the director of transportation and local authorities in	29319
section 723.01 or 4513.34 of the Revised Code, provided that the	29320
authority granted under those sections shall not be exercised in a	29321
manner that discriminates against, unfairly impedes, or obstructs	29322
oil and gas activities and operations regulated under this	29323
chapter.	29324

The chief shall not hold any other public office, nor shall	29325
the chief be engaged in any occupation or business that might	29326
interfere with or be inconsistent with the duties as chief.	29327

All moneys collected by the chief pursuant to sections	29328
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221,	29329
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per	29330
cent of moneys received by the treasurer of state from the tax	29331
levied in divisions (A)(5) and (6) of section 5749.02 of the	29332
Revised Code, all civil penalties paid under section 1509.33 of	29333
the Revised Code, and, notwithstanding any section of the Revised	29334
Code relating to the distribution or crediting of fines for	29335
violations of the Revised Code, all fines imposed under divisions	29336
(A) and (B) of section 1509.99 of the Revised Code and fines	29337
imposed under divisions (C) and (D) of section 1509.99 of the	29338
Revised Code for all violations prosecuted by the attorney general	29339
and for violations prosecuted by prosecuting attorneys that do not	29340
involve the transportation of brine by vehicle shall be deposited	29341
into the state treasury to the credit of the oil and gas well	29342
fund, which is hereby created. Fines imposed under divisions (C)	29343
and (D) of section 1509.99 of the Revised Code for violations	29344
prosecuted by prosecuting attorneys that involve the	29345
transportation of brine by vehicle and penalties associated with a	29346
compliance agreement entered into pursuant to this chapter shall	29347
be paid to the county treasury of the county where the violation	29348
occurred.	29349

The fund shall be used solely and exclusively for the	29350
purposes enumerated in division (B) of section 1509.071 of the	29351
Revised Code, for the expenses of the division associated with the	29352
administration of this chapter and Chapter 1571. of the Revised	29353
Code and rules adopted under them, and for expenses that are	29354
critical and necessary for the protection of human health and	29355
safety and the environment related to oil and gas production in	29356
this state. The expenses of the division in excess of the moneys	29357
available in the fund shall be paid from general revenue fund	29358
appropriations to the department.	29359

Sec. 1509.021. On and after ~~the effective date of this~~	29360
~~section~~June 30, 2010, all of the following apply:	29361

(A) The surface location of a new well or a tank battery of a	29362
well shall not be within one hundred fifty feet of an occupied	29363
dwelling that is located in an urbanized area unless the owner of	29364
the land on which the occupied dwelling is located consents in	29365
writing to the surface location of the well or tank battery of a	29366
well less than one hundred fifty feet from the occupied dwelling	29367
and the chief of the division of ~~mineral~~oil and gas resources	29368
management approves the written consent of that owner. However,	29369
the chief shall not approve the written consent of such an owner	29370
when the surface location of a new well or a tank battery of a	29371
well will be within one hundred feet of an occupied dwelling that	29372
is located in an urbanized area.	29373

(B) The surface location of a new well shall not be within	29374
one hundred fifty feet from the property line of a parcel of land	29375
that is not in the drilling unit of the well if the parcel of land	29376
is located in an urbanized area and directional drilling will be	29377
used to drill the new well unless the owner of the parcel of land	29378
consents in writing to the surface location of the well less than	29379
one hundred fifty feet from the property line of the parcel of	29380
land and the chief approves the written consent of that owner.	29381
However, the chief shall not approve the written consent of such	29382
an owner when the surface location of a new well will be less than	29383
one hundred feet from the property line of the owner's parcel of	29384
land that is not in the drilling unit of the well if the parcel of	29385
land is located in an urbanized area and directional drilling will	29386
be used.	29387

(C) The surface location of a new well shall not be within	29388
two hundred feet of an occupied dwelling that is located in an	29389
urbanized area and that is located on land that has become part of	29390
the drilling unit of the well pursuant to a mandatory pooling	29391
order issued under section 1509.27 of the Revised Code unless the	29392
owner of the land on which the occupied dwelling is located	29393
consents in writing to the surface location of the well at a	29394
distance that is less than two hundred feet from the occupied	29395
dwelling. However, if the owner of the land on which the occupied	29396
dwelling is located provides such written consent, the surface	29397
location of the well shall not be within one hundred feet of the	29398
occupied dwelling.	29399

If an applicant cannot identify an owner of land or if an	29400
owner of land is not responsive to attempts by the applicant to	29401
contact the owner, the applicant may submit an affidavit to the	29402
chief attesting to such an unidentifiable owner or to such	29403
unresponsiveness of an owner and attempts by the applicant to	29404
contact the owner and include a written request to reduce the	29405
distance of the location of the well from the occupied dwelling to	29406
less than two hundred feet. If the chief receives such an	29407
affidavit and written request, the chief shall reduce the distance	29408
of the location of the well from the occupied dwelling to a	29409
distance of not less than one hundred feet.	29410

(D) Except as otherwise provided in division (L) of this	29411
section, the surface location of a new well shall not be within	29412
one hundred fifty feet of the property line of a parcel of land	29413
that is located in an urbanized area and that has become part of	29414
the drilling unit of the well pursuant to a mandatory pooling	29415
order issued under section 1509.27 of the Revised Code unless the	29416
owner of the land consents in writing to the surface location of	29417
the well at a distance that is less than one hundred fifty feet	29418
from the owner's property line. However, if the owner of the land	29419
provides such written consent, the surface location of the well	29420
shall not be within seventy-five feet of the property line of the	29421
owner's parcel of land.	29422

If an applicant cannot identify an owner of land or if an	29423
owner of land is not responsive to attempts by the applicant to	29424
contact the owner, the applicant may submit an affidavit to the	29425
chief attesting to such an unidentifiable owner or to such	29426
unresponsiveness of an owner and attempts by the applicant to	29427
contact the owner and include a written request to reduce the	29428
distance of the location of the well from the property line of the	29429
owner's parcel of land to less than one hundred fifty feet. If the	29430
chief receives such an affidavit and written request, the chief	29431
shall reduce the distance of the location of the well from the	29432
property line to a distance of not less than seventy-five feet.	29433

(E) The surface location of a new tank battery of a well	29434
shall not be within one hundred fifty feet of an occupied dwelling	29435
that is located in an urbanized area and that is located on land	29436
that has become part of the drilling unit of the well pursuant to	29437
a mandatory pooling order issued under section 1509.27 of the	29438
Revised Code unless the owner of the land on which the occupied	29439
dwelling is located consents in writing to the location of the	29440
tank battery at a distance that is less than one hundred fifty	29441
feet from the occupied dwelling. However, if the owner of the land	29442
on which the occupied dwelling is located provides such written	29443
consent, the location of the tank battery shall not be within one	29444
hundred feet of the occupied dwelling.	29445

If an applicant cannot identify an owner of land or if an	29446
owner of land is not responsive to attempts by the applicant to	29447
contact the owner, the applicant may submit an affidavit to the	29448
chief attesting to such an unidentifiable owner or to such	29449
unresponsiveness of an owner and attempts by the applicant to	29450
contact the owner and include a written request to reduce the	29451
distance of the location of the tank battery from the occupied	29452
dwelling to less than one hundred fifty feet. If the chief	29453
receives such an affidavit and written request, the chief shall	29454
reduce the distance of the location of the tank battery from the	29455
occupied dwelling to a distance of not less than one hundred feet.	29456

(F) Except as otherwise provided in division (L) of this	29457
section, the location of a new tank battery of a well shall not be	29458
within seventy-five feet of the property line of a parcel of land	29459
that is located in an urbanized area and that has become part of	29460
the drilling unit of the well pursuant to a mandatory pooling	29461
order issued under section 1509.27 of the Revised Code unless the	29462
owner of the land consents in writing to the location of the tank	29463
battery at a distance that is less than seventy-five feet from the	29464
owner's property line. However, if the owner of the land provides	29465
such written consent, the location of the tank battery shall not	29466
be within the property line of the owner's parcel of land.	29467

If an applicant cannot identify an owner of land or if an	29468
owner of land is not responsive to attempts by the applicant to	29469
contact the owner, the applicant may submit an affidavit to the	29470
chief attesting to such an unidentifiable owner or to such	29471
unresponsiveness of an owner and attempts by the applicant to	29472
contact the owner and include a written request to reduce the	29473
distance of the location of the tank battery from the property	29474
line of the owner's parcel of land to less than seventy-five feet.	29475
If the chief receives such an affidavit and written request, the	29476
chief shall reduce the distance of the location of the tank	29477
battery from the property line, provided that the tank battery	29478
shall not be within the property line of the owner's parcel of	29479
land.	29480

(G) For purposes of divisions (C) to (F) of this section,	29481
written consent of an owner of land may be provided by any of the	29482
following:	29483

(1) A copy of an original lease agreement as recorded in the	29484
office of the county recorder of the county in which the occupied	29485
dwelling or property is located that expressly provides for the	29486
reduction of the distance of the location of a well or a tank	29487
battery, as applicable, from an occupied dwelling or a property	29488
line;	29489

(2) A copy of a deed severing the oil or gas mineral rights,	29490
as applicable, from the owner's parcel of land as recorded in the	29491
office of the county recorder of the county in which the property	29492
is located that expressly provides for the reduction of the	29493
distance of the location of a well or a tank battery, as	29494
applicable, from an occupied dwelling or a property line;	29495

(3) A written statement that consents to the proposed	29496
location of a well or a tank battery, as applicable, and that is	29497
approved by the chief. For purposes of division (G)(3) of this	29498
section, an applicant shall submit a copy of a written statement	29499
to the chief.	29500

(H) For areas that are not urbanized areas, the surface	29501
location of a new well shall not be within one hundred feet of an	29502
occupied private dwelling or of a public building that may be used	29503
as a place of assembly, education, entertainment, lodging, trade,	29504
manufacture, repair, storage, or occupancy by the public. This	29505
division does not apply to a building or other structure that is	29506
incidental to agricultural use of the land on which the building	29507
or other structure is located unless the building or other	29508
structure is used as an occupied private dwelling or for retail	29509
trade.	29510

(I) The surface location of a new well shall not be within	29511
one hundred feet of any other well. However, an applicant may	29512
submit a written statement to request the chief to authorize a new	29513
well to be located at a distance that is less than one hundred	29514
feet from another well. If the chief receives such a written	29515
statement, the chief may authorize a new well to be located within	29516
one hundred feet of another well if the chief determines that the	29517
applicant satisfactorily has demonstrated that the location of the	29518
new well at a distance that is less than one hundred feet from	29519
another well is necessary to reduce impacts to the owner of the	29520
land on which the well is to be located or to the surface of the	29521
land on which the well is to be located.	29522

(J) For areas that are not urbanized areas, the location of a	29523
new tank battery of a well shall not be within one hundred feet of	29524
an existing inhabited structure.	29525

(K) The location of a new tank battery of a well shall not be	29526
within fifty feet of any other well.	29527

(L) The location of a new well or a new tank battery of a	29528
well shall not be within fifty feet of a stream, river,	29529
watercourse, water well, pond, lake, or other body of water.	29530
However, the chief may authorize a new well or a new tank battery	29531
of a well to be located at a distance that is less than fifty feet	29532
from a stream, river, watercourse, water well, pond, lake, or	29533
other body of water if the chief determines that the reduction in	29534
the distance is necessary to reduce impacts to the owner of the	29535
land on which the well or tank battery of a well is to be located	29536
or to protect public safety or the environment.	29537

(M) The surface location of a new well or a new tank battery	29538
of a well shall not be within fifty feet of a railroad track or of	29539
the traveled portion of a public street, road, or highway. This	29540
division applies regardless of whether the public street, road, or	29541
highway has become part of the drilling unit of the well pursuant	29542
to a mandatory pooling order issued under section 1509.27 of the	29543
Revised Code.	29544

~~(M)~~(N) A new oil tank shall not be within three feet of	29545
another oil tank.	29546

~~(N)~~(O) The surface location of a mechanical separator shall	29547
not be within any of the following:	29548

(1) Fifty feet of a well;

29549

(2) Ten feet of an oil tank;

29550

(3) One hundred feet of an existing inhabited structure.

29551

~~(O)~~(P) A vessel that is equipped in such a manner that the	29552
contents of the vessel may be heated shall not be within any of	29553
the following:	29554

(1) Fifty feet of an oil production tank;

29555

(2) Fifty feet of a well;

29556

(3) One hundred feet of an existing inhabited structure;

29557

(4) If the contents of the vessel are heated by a direct fire	29558
heater, fifty feet of a mechanical separator.	29559

Sec. 1509.022. Except as provided in section 1509.021 of the	29560
Revised Code, the surface location of a new well that will be	29561
drilled using directional drilling may be located on a parcel of	29562
land that is not in the drilling unit of the well.	29563

Sec. 1509.03. (A) The chief of the division of ~~mineral~~oil	29564
and gas resources management shall adopt, rescind, and amend, in	29565
accordance with Chapter 119. of the Revised Code, rules for the	29566
administration, implementation, and enforcement of this chapter.	29567
The rules shall include an identification of the subjects that the	29568
chief shall address when attaching terms and conditions to a	29569
permit with respect to a well and production facilities of a well	29570
that are located within an urbanized area. The subjects shall	29571
include all of the following:	29572

(1) Safety concerning the drilling or operation of a well;

29573

(2) Protection of the public and private water supply;

29574

(3) Fencing and screening of surface facilities of a well;

29575

(4) Containment and disposal of drilling and production	29576
wastes;	29577

(5) Construction of access roads for purposes of the drilling	29578
and operation of a well;	29579

(6) Noise mitigation for purposes of the drilling of a well	29580
and the operation of a well, excluding safety and maintenance	29581
operations.	29582

No person shall violate any rule of the chief adopted under	29583
this chapter.	29584

(B) Any order issuing, denying, or modifying a permit or	29585
notices required to be made by the chief pursuant to this chapter	29586
shall be made in compliance with Chapter 119. of the Revised Code,	29587
except that personal service may be used in lieu of service by	29588
mail. Every order issuing, denying, or modifying a permit under	29589
this chapter and described as such shall be considered an	29590
adjudication order for purposes of Chapter 119. of the Revised	29591
Code.	29592

Where notice to the owners is required by this chapter, the	29593
notice shall be given as prescribed by a rule adopted by the chief	29594
to govern the giving of notices. The rule shall provide for notice	29595
by publication except in those cases where other types of notice	29596
are necessary in order to meet the requirements of the law.	29597

(C) The chief or the chief's authorized representative may at	29598
any time enter upon lands, public or private, for the purpose of	29599
administration or enforcement of this chapter, the rules adopted	29600
or orders made thereunder, or terms or conditions of permits or	29601
registration certificates issued thereunder and may examine and	29602
copy records pertaining to the drilling, conversion, or operation	29603
of a well for injection of fluids and logs required by division	29604
(C) of section 1509.223 of the Revised Code. No person shall	29605
prevent or hinder the chief or the chief's authorized	29606
representative in the performance of official duties. If entry is	29607
prevented or hindered, the chief or the chief's authorized	29608
representative may apply for, and the court of common pleas may	29609
issue, an appropriate inspection warrant necessary to achieve the	29610
purposes of this chapter within the court's territorial	29611
jurisdiction.	29612

(D) The chief may issue orders to enforce this chapter, rules	29613
adopted thereunder, and terms or conditions of permits issued	29614
thereunder. Any such order shall be considered an adjudication	29615
order for the purposes of Chapter 119. of the Revised Code. No	29616
person shall violate any order of the chief issued under this	29617
chapter. No person shall violate a term or condition of a permit	29618
or registration certificate issued under this chapter.	29619

(E) Orders of the chief denying, suspending, or revoking a	29620
registration certificate; approving or denying approval of an	29621
application for revision of a registered transporter's plan for	29622
disposal; or to implement, administer, or enforce division (A) of	29623
section 1509.224 and sections 1509.22, 1509.222, 1509.223,	29624
1509.225, and 1509.226 of the Revised Code pertaining to the	29625
transportation of brine by vehicle and the disposal of brine so	29626
transported are not adjudication orders for purposes of Chapter	29627
119. of the Revised Code. The chief shall issue such orders under	29628
division (A) or (B) of section 1509.224 of the Revised Code, as	29629
appropriate.	29630

Sec. 1509.04. (A) The chief of the division of ~~mineral~~oil	29631
and gas resources management, or the chief's authorized	29632
representatives, shall enforce this chapter and the rules, terms	29633
and conditions of permits and registration certificates, and	29634
orders adopted or issued pursuant thereto, except that any peace	29635
officer, as defined in section 2935.01 of the Revised Code, may	29636
arrest for violations of this chapter involving transportation of	29637
brine by vehicle. The enforcement authority of the chief includes	29638
the authority to issue compliance notices and to enter into	29639
compliance agreements.	29640

(B)(1) The chief or the chief's authorized representative may	29641
issue an administrative order to an owner for a violation of this	29642
chapter or rules adopted under it, terms and conditions of a	29643
permit issued under it, a registration certificate that is	29644
required under this chapter, or orders issued under this chapter.	29645

(2) The chief may issue an order finding that an owner has	29646
committed a material and substantial violation.	29647

(C) The chief, by order, immediately may suspend drilling,	29648
operating, or plugging activities that are related to a material	29649
and substantial violation and suspend and revoke an unused permit	29650
after finding either of the following:	29651

(1) An owner has failed to comply with an order issued under	29652
division (B)(2) of this section that is final and nonappealable.	29653

(2) An owner is causing, engaging in, or maintaining a	29654
condition or activity that the chief determines presents an	29655
imminent danger to the health or safety of the public or that	29656
results in or is likely to result in immediate substantial damage	29657
to the natural resources of this state.	29658

(D)(1) The chief may issue an order under division (C) of	29659
this section without prior notification if reasonable attempts to	29660
notify the owner have failed or if the owner is currently in	29661
material breach of a prior order, but in such an event	29662
notification shall be given as soon thereafter as practical.	29663

(2) Not later than five days after the issuance of an order	29664
under division (C) of this section, the chief shall provide the	29665
owner an opportunity to be heard and to present evidence that one	29666
of the following applies:	29667

(a) The condition or activity does not present an imminent	29668
danger to the public health or safety or is not likely to result	29669
in immediate substantial damage to natural resources.	29670

(b) Required records, reports, or logs have been submitted.

29671

(3) If the chief, after considering evidence presented by the	29672
owner under division (D)(2)(a) of this section, determines that	29673
the activities do not present such a threat or that the required	29674
records, reports, or logs have been submitted under division	29675
(D)(2)(b) of this section, the chief shall revoke the order. The	29676
owner may appeal an order to the court of common pleas of the	29677
county in which the activity that is the subject of the order is	29678
located.	29679

(E) The chief may issue a bond forfeiture order pursuant to	29680
section 1509.071 of the Revised Code for failure to comply with a	29681
final nonappealable order issued or compliance agreement entered	29682
into under this section.	29683

(F) The chief may notify drilling contractors, transporters,	29684
service companies, or other similar entities of the compliance	29685
status of an owner.	29686

If the owner fails to comply with a prior enforcement action	29687
of the chief, the chief may issue a suspension order without prior	29688
notification, but in such an event the chief shall give notice as	29689
soon thereafter as practical. Not later than five calendar days	29690
after the issuance of an order, the chief shall provide the owner	29691
an opportunity to be heard and to present evidence that required	29692
records, reports, or logs have been submitted. If the chief, after	29693
considering the evidence presented by the owner, determines that	29694
the requirements have been satisfied, the chief shall revoke the	29695
suspension order. The owner may appeal a suspension order to the	29696
court of common pleas of the county in which the activity that is	29697
the subject of the suspension order is located.	29698

(G) The prosecuting attorney of the county or the attorney	29699
general, upon the request of the chief, may apply to the court of	29700
common pleas in the county in which any of the provisions of this	29701
chapter or any rules, terms or conditions of a permit or	29702
registration certificate, or orders adopted or issued pursuant to	29703
this chapter are being violated for a temporary restraining order,	29704
preliminary injunction, or permanent injunction restraining any	29705
person from such violation.	29706

Sec. 1509.041. The chief of the division of ~~mineral~~oil and	29707
gas resources management shall maintain a database on the division	29708
of ~~mineral~~oil and gas resources management's web site that is	29709
accessible to the public. The database shall list each final	29710
nonappealable order issued for a material and substantial	29711
violation under this chapter. The list shall identify the	29712
violator, the date on which the violation occurred, and the date	29713
on which the violation was corrected.	29714

Sec. 1509.05. No person shall drill a new well, drill an	29715
existing well any deeper, reopen a well, convert a well to any use	29716
other than its original purpose, or plug back a well to a source	29717
of supply different from the existing pool, without having a	29718
permit to do so issued by the chief of the division of ~~mineral~~oil	29719
and gas resources management, and until the original permit or a	29720
photostatic copy thereof is posted or displayed in a conspicuous	29721
and easily accessible place at the well site, with the name,	29722
current address, and telephone number of the permit holder and the	29723
telephone numbers for fire and emergency medical services	29724
maintained on the posted permit or copy. The permit or a copy	29725
shall be continuously displayed in that manner at all times during	29726
the work authorized by the permit.	29727

Sec. 1509.06. (A) An application for a permit to drill a new	29728
well, drill an existing well deeper, reopen a well, convert a well	29729
to any use other than its original purpose, or plug back a well to	29730
a different source of supply, including associated production	29731
operations, shall be filed with the chief of the division of	29732
~~mineral~~oil and gas resources management upon such form as the	29733
chief prescribes and shall contain each of the following that is	29734
applicable:	29735

(1) The name and address of the owner and, if a corporation,	29736
the name and address of the statutory agent;	29737

(2) The signature of the owner or the owner's authorized	29738
agent. When an authorized agent signs an application, it shall be	29739
accompanied by a certified copy of the appointment as such agent.	29740

(3) The names and addresses of all persons holding the	29741
royalty interest in the tract upon which the well is located or is	29742
to be drilled or within a proposed drilling unit;	29743

(4) The location of the tract or drilling unit on which the	29744
well is located or is to be drilled identified by section or lot	29745
number, city, village, township, and county;	29746

(5) Designation of the well by name and number;

29747

(6) The geological formation to be tested or used and the	29748
proposed total depth of the well;	29749

(7) The type of drilling equipment to be used;

29750

(8) If the well is for the injection of a liquid, identity of	29751
the geological formation to be used as the injection zone and the	29752
composition of the liquid to be injected;	29753

(9) For an application for a permit to drill a new well	29754
within an urbanized area, a sworn statement that the applicant has	29755
provided notice by regular mail of the application to the owner of	29756
each parcel of real property that is located within five hundred	29757
feet of the surface location of the well and to the executive	29758
authority of the municipal corporation or the board of township	29759
trustees of the township, as applicable, in which the well is to	29760
be located. In addition, the notice shall contain a statement that	29761
informs an owner of real property who is required to receive the	29762
notice under division (A)(9) of this section that within five days	29763
of receipt of the notice, the owner is required to provide notice	29764
under section 1509.60 of the Revised Code to each residence in an	29765
occupied dwelling that is located on the owner's parcel of real	29766
property. The notice shall contain a statement that an application	29767
has been filed with the division of ~~mineral~~oil and gas resources	29768
management, identify the name of the applicant and the proposed	29769
well location, include the name and address of the division, and	29770
contain a statement that comments regarding the application may be	29771
sent to the division. The notice may be provided by hand delivery	29772
or regular mail. The identity of the owners of parcels of real	29773
property shall be determined using the tax records of the	29774
municipal corporation or county in which a parcel of real property	29775
is located as of the date of the notice.	29776

(10) A plan for restoration of the land surface disturbed by	29777
drilling operations. The plan shall provide for compliance with	29778
the restoration requirements of division (A) of section 1509.072	29779
of the Revised Code and any rules adopted by the chief pertaining	29780
to that restoration.	29781

(11) A description by name or number of the county, township,	29782
and municipal corporation roads, streets, and highways that the	29783
applicant anticipates will be used for access to and egress from	29784
the well site;	29785

(12) Such other relevant information as the chief prescribes	29786
by rule.	29787

Each application shall be accompanied by a map, on a scale	29788
not smaller than four hundred feet to the inch, prepared by an	29789
Ohio registered surveyor, showing the location of the well and	29790
containing such other data as may be prescribed by the chief. If	29791
the well is or is to be located within the excavations and	29792
workings of a mine, the map also shall include the location of the	29793
mine, the name of the mine, and the name of the person operating	29794
the mine.	29795

(B) The chief shall cause a copy of the weekly circular	29796
prepared by the division to be provided to the county engineer of	29797
each county that contains active or proposed drilling activity.	29798
The weekly circular shall contain, in the manner prescribed by the	29799
chief, the names of all applicants for permits, the location of	29800
each well or proposed well, the information required by division	29801
(A)(11) of this section, and any additional information the chief	29802
prescribes. In addition, the chief promptly shall transfer an	29803
electronic copy or facsimile, or if those methods are not	29804
available to a municipal corporation or township, a copy via	29805
regular mail, of a drilling permit application to the clerk of the	29806
legislative authority of the municipal corporation or to the clerk	29807
of the township in which the well or proposed well is or is to be	29808
located if the legislative authority of the municipal corporation	29809
or the board of township trustees has asked to receive copies of	29810
such applications and the appropriate clerk has provided the chief	29811
an accurate, current electronic mailing address or facsimile	29812
number, as applicable.	29813

(C)(1) Except as provided in division (C)(2) of this section,	29814
the chief shall not issue a permit for at least ten days after the	29815
date of filing of the application for the permit unless, upon	29816
reasonable cause shown, the chief waives that period or a request	29817
for expedited review is filed under this section. However, the	29818
chief shall issue a permit within twenty-one days of the filing of	29819
the application unless the chief denies the application by order.	29820

(2) If the location of a well or proposed well will be or is	29821
within an urbanized area, the chief shall not issue a permit for	29822
at least eighteen days after the date of filing of the application	29823
for the permit unless, upon reasonable cause shown, the chief	29824
waives that period or the chief at the chief's discretion grants a	29825
request for an expedited review. However, the chief shall issue a	29826
permit for a well or proposed well within an urbanized area within	29827
thirty days of the filing of the application unless the chief	29828
denies the application by order.	29829

(D) An applicant may file a request with the chief for	29830
expedited review of a permit application if the well is not or is	29831
not to be located in a gas storage reservoir or reservoir	29832
protective area, as "reservoir protective area" is defined in	29833
section 1571.01 of the Revised Code. If the well is or is to be	29834
located in a coal bearing township, the application shall be	29835
accompanied by the affidavit of the landowner prescribed in	29836
section 1509.08 of the Revised Code.	29837

In addition to a complete application for a permit that meets	29838
the requirements of this section and the permit fee prescribed by	29839
this section, a request for expedited review shall be accompanied	29840
by a separate nonrefundable filing fee of two hundred fifty	29841
dollars. Upon the filing of a request for expedited review, the	29842
chief shall cause the county engineer of the county in which the	29843
well is or is to be located to be notified of the filing of the	29844
permit application and the request for expedited review by	29845
telephone or other means that in the judgment of the chief will	29846
provide timely notice of the application and request. The chief	29847
shall issue a permit within seven days of the filing of the	29848
request unless the chief denies the application by order.	29849
Notwithstanding the provisions of this section governing expedited	29850
review of permit applications, the chief may refuse to accept	29851
requests for expedited review if, in the chief's judgment, the	29852
acceptance of the requests would prevent the issuance, within	29853
twenty-one days of their filing, of permits for which applications	29854
are pending.	29855

(E) A well shall be drilled and operated in accordance with	29856
the plans, sworn statements, and other information submitted in	29857
the approved application.	29858

(F) The chief shall issue an order denying a permit if the	29859
chief finds that there is a substantial risk that the operation	29860
will result in violations of this chapter or rules adopted under	29861
it that will present an imminent danger to public health or safety	29862
or damage to the environment, provided that where the chief finds	29863
that terms or conditions to the permit can reasonably be expected	29864
to prevent such violations, the chief shall issue the permit	29865
subject to those terms or conditions, including, if applicable,	29866
terms and conditions regarding subjects identified in rules	29867
adopted under section 1509.03 of the Revised Code. The issuance of	29868
a permit shall not be considered an order of the chief.	29869

(G) Each application for a permit required by section 1509.05	29870
of the Revised Code, except an application to plug back an	29871
existing well that is required by that section and an application	29872
for a well drilled or reopened for purposes of section 1509.22 of	29873
the Revised Code, also shall be accompanied by a nonrefundable fee	29874
as follows:	29875

(1) Five hundred dollars for a permit to conduct activities	29876
in a township with a population of fewer than ten thousand;	29877

(2) Seven hundred fifty dollars for a permit to conduct	29878
activities in a township with a population of ten thousand or	29879
more, but fewer than fifteen thousand;	29880

(3) One thousand dollars for a permit to conduct activities	29881
in either of the following:	29882

(a) A township with a population of fifteen thousand or more;

29883

(b) A municipal corporation regardless of population.

29884

(4) If the application is for a permit that requires	29885
mandatory pooling, an additional five thousand dollars.	29886

For purposes of calculating fee amounts, populations shall be	29887
determined using the most recent federal decennial census.	29888

Each application for the revision or reissuance of a permit	29889
shall be accompanied by a nonrefundable fee of two hundred fifty	29890
dollars.	29891

(H) Prior to the issuance of a permit to drill a proposed	29892
well that is to be located in an urbanized area, the division	29893
shall conduct a site review to identify and evaluate any	29894
site-specific terms and conditions that may be attached to the	29895
permit. At the site review, a representative of the division shall	29896
consider fencing, screening, and landscaping requirements, if any,	29897
for similar structures in the community in which the well is	29898
proposed to be located. The terms and conditions that are attached	29899
to the permit shall include the establishment of fencing,	29900
screening, and landscaping requirements for the surface facilities	29901
of the proposed well, including a tank battery of the well.	29902

(I) A permit shall be issued by the chief in accordance with	29903
this chapter. A permit issued under this section for a well that	29904
is or is to be located in an urbanized area shall be valid for	29905
twelve months, and all other permits issued under this section	29906
shall be valid for twenty-four months.	29907

(J) A permittee or a permittee's authorized representative	29908
shall notify an inspector from the division ~~of mineral resources~~	29909
~~management~~ at least twenty-four hours, or another time period	29910
agreed to by the chief's authorized representative, prior to the	29911
commencement of drilling, reopening, converting, well stimulation,	29912
or plugback operations.	29913

Sec. 1509.061. An owner of a well who has been issued a	29914
permit under section 1509.06 of the Revised Code may submit to the	29915
chief of the division of ~~mineral~~oil and gas resources management,	29916
on a form prescribed by the chief, a request to revise an existing	29917
tract upon which exists a producing or idle well. The chief shall	29918
adopt, and may amend and rescind, rules under section 1509.03 of	29919
the Revised Code that are necessary for the administration of this	29920
section. The rules at least shall stipulate the information to be	29921
included on the request form and shall establish a fee to be paid	29922
by the person submitting the request, which fee shall not exceed	29923
two hundred fifty dollars.	29924

The chief shall approve a request submitted under this	29925
section unless it would result in a violation of this chapter or	29926
rules adopted under it, including provisions establishing spacing	29927
or minimum acreage requirements.	29928

Sec. 1509.062. (A)(1) The owner of a well that has not been	29929
completed, a well that has not produced within one year after	29930
completion, or an existing well that has no reported production	29931
for two consecutive reporting periods as reported in accordance	29932
with section 1509.11 of the Revised Code shall plug the well in	29933
accordance with section 1509.12 of the Revised Code, obtain	29934
temporary inactive well status for the well in accordance with	29935
this section, or perform another activity regarding the well that	29936
is approved by the chief of the division of ~~mineral~~oil and gas	29937
resources management.	29938

(2) If a well has a reported annual production that is less	29939
than one hundred thousand cubic feet of natural gas or fifteen	29940
barrels of crude oil, or a combination thereof, the chief may	29941
require the owner of the well to submit an application for	29942
temporary inactive well status under this section for the well.	29943

(B) In order for the owner of a well to submit an application	29944
for temporary inactive well status for the well under this	29945
division, the owner and the well shall be in compliance with this	29946
chapter and rules adopted under it, any terms and conditions of	29947
the permit for the well, and applicable orders issued by the	29948
chief. An application for temporary inactive status for a well	29949
shall be submitted to the chief on a form prescribed and provided	29950
by the chief and shall contain all of the following:	29951

(1) The owner's name and address and, if the owner is a	29952
corporation, the name and address of the corporation's statutory	29953
agent;	29954

(2) The signature of the owner or of the owner's authorized	29955
agent. When an authorized agent signs an application, the	29956
application shall be accompanied by a certified copy of the	29957
appointment as such agent.	29958

(3) The permit number assigned to the well. If the well has	29959
not been assigned a permit number, the chief shall assign a permit	29960
number to the well.	29961

(4) A map, on a scale not smaller than four hundred feet to	29962
the inch, that shows the location of the well and the tank	29963
battery, that includes the latitude and longitude of the well, and	29964
that contains all other data that are required by the chief;	29965

(5) A demonstration that the well is of future utility and	29966
that the applicant has a viable plan to utilize the well within a	29967
reasonable period of time;	29968

(6) A demonstration that the well poses no threat to the	29969
health or safety of persons, property, or the environment;	29970

(7) Any other relevant information that the chief prescribes	29971
by rule.	29972

The chief may waive any of the requirements established in	29973
divisions (B)(1) to (6) of this section if the division of ~~mineral~~	29974
oil and gas resources management possesses a current copy of the	29975
information or document that is required in the applicable	29976
division.	29977

(C) Upon receipt of an application for temporary inactive	29978
well status, the chief shall review the application and shall	29979
either deny the application by issuing an order or approve the	29980
application. The chief shall approve the application only if the	29981
chief determines that the well that is the subject of the	29982
application poses no threat to the health or safety of persons,	29983
property, or the environment. If the chief approves the	29984
application, the chief shall notify the applicant of the chief's	29985
approval. Upon receipt of the chief's approval, the owner shall	29986
shut in the well and empty all liquids and gases from all storage	29987
tanks, pipelines, and other equipment associated with the well. In	29988
addition, the owner shall maintain the well, other equipment	29989
associated with the well, and the surface location of the well in	29990
a manner that prevents hazards to the health and safety of people	29991
and the environment. The owner shall inspect the well at least	29992
every six months and submit to the chief within fourteen days	29993
after the inspection a record of inspection on a form prescribed	29994
and provided by the chief.	29995

(D) Not later than thirty days prior to the expiration of	29996
temporary inactive well status or a renewal of temporary inactive	29997
well status approved by the chief for a well, the owner of the	29998
well may submit to the chief an application for renewal of the	29999
temporary inactive well status on a form prescribed and provided	30000
by the chief. The application shall include a detailed plan that	30001
describes the ultimate disposition of the well, the time frames	30002
for that disposition, and any other information that the chief	30003
determines is necessary. The chief shall either deny an	30004
application by order or approve the application. If the chief	30005
approves the application, the chief shall notify the owner of the	30006
well of the chief's approval.	30007

(E) An application for temporary inactive well status shall	30008
be accompanied by a nonrefundable fee of one hundred dollars. An	30009
application for a renewal of temporary inactive well status shall	30010
be accompanied by a nonrefundable fee of two hundred fifty dollars	30011
for the first renewal and five hundred dollars for each subsequent	30012
renewal.	30013

(F) After a third renewal, the chief may require an owner to	30014
provide a surety bond in an amount not to exceed ten thousand	30015
dollars for each of the owner's wells that has been approved by	30016
the chief for temporary inactive well status.	30017

(G) Temporary inactive well status approved by the chief	30018
expires one year after the date of approval of the application for	30019
temporary inactive well status or production from the well	30020
commences, whichever occurs sooner. In addition, a renewal of a	30021
temporary inactive well status expires one year after the	30022
expiration date of the initial temporary inactive well status or	30023
one year after the expiration date of the previous renewal of the	30024
temporary inactive well status, as applicable, or production from	30025
the well commences, whichever occurs sooner.	30026

(H) The owner of a well that has been approved by the chief	30027
for temporary inactive well status may commence production from	30028
the well at any time. Not later than sixty days after the	30029
commencement of production from such a well, the owner shall	30030
notify the chief of the commencement of production.	30031

(I) This chapter and rules adopted under it, any terms and	30032
conditions of the permit for a well, and applicable orders issued	30033
by the chief apply to a well that has been approved by the chief	30034
for temporary inactive well status or renewal of that status.	30035

Sec. 1509.07. An owner of any well, except an exempt	30036
Mississippian well or an exempt domestic well, shall obtain	30037
liability insurance coverage from a company authorized to do	30038
business in this state in an amount of not less than one million	30039
dollars bodily injury coverage and property damage coverage to pay	30040
damages for injury to persons or damage to property caused by the	30041
drilling, operation, or plugging of all the owner's wells in this	30042
state. However, if any well is located within an urbanized area,	30043
the owner shall obtain liability insurance coverage in an amount	30044
of not less than three million dollars for bodily injury coverage	30045
and property damage coverage to pay damages for injury to persons	30046
or damage to property caused by the drilling, operation, or	30047
plugging of all of the owner's wells in this state. The owner	30048
shall maintain the coverage until all the owner's wells are	30049
plugged and abandoned or are transferred to an owner who has	30050
obtained insurance as required under this section and who is not	30051
under a notice of material and substantial violation or under a	30052
suspension order. The owner shall provide proof of liability	30053
insurance coverage to the chief of the division of ~~mineral~~oil and	30054
gas resources management upon request. Upon failure of the owner	30055
to provide that proof when requested, the chief may order the	30056
suspension of any outstanding permits and operations of the owner	30057
until the owner provides proof of the required insurance coverage.	30058

Except as otherwise provided in this section, an owner of any	30059
well, before being issued a permit under section 1509.06 of the	30060
Revised Code or before operating or producing from a well, shall	30061
execute and file with the division of ~~mineral~~oil and gas	30062
resources management a surety bond conditioned on compliance with	30063
the restoration requirements of section 1509.072, the plugging	30064
requirements of section 1509.12, the permit provisions of section	30065
1509.13 of the Revised Code, and all rules and orders of the chief	30066
relating thereto, in an amount set by rule of the chief.	30067

The owner may deposit with the chief, instead of a surety	30068
bond, cash in an amount equal to the surety bond as prescribed	30069
pursuant to this section or negotiable certificates of deposit or	30070
irrevocable letters of credit, issued by any bank organized or	30071
transacting business in this state or by any savings and loan	30072
association as defined in section 1151.01 of the Revised Code,	30073
having a cash value equal to or greater than the amount of the	30074
surety bond as prescribed pursuant to this section. Cash or	30075
certificates of deposit shall be deposited upon the same terms as	30076
those upon which surety bonds may be deposited. If certificates of	30077
deposit are deposited with the chief instead of a surety bond, the	30078
chief shall require the bank or savings and loan association that	30079
issued any such certificate to pledge securities of a cash value	30080
equal to the amount of the certificate that is in excess of the	30081
amount insured by any of the agencies and instrumentalities	30082
created under the "Federal Deposit Insurance Act," 64 Stat. 873	30083
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under	30084
it, including at least the federal deposit insurance corporation,	30085
bank insurance fund, and savings association insurance fund. The	30086
securities shall be security for the repayment of the certificate	30087
of deposit.	30088

Immediately upon a deposit of cash, certificates of deposit,	30089
or letters of credit with the chief, the chief shall deliver them	30090
to the treasurer of state who shall hold them in trust for the	30091
purposes for which they have been deposited.	30092

Instead of a surety bond, the chief may accept proof of	30093
financial responsibility consisting of a sworn financial statement	30094
showing a net financial worth within this state equal to twice the	30095
amount of the bond for which it substitutes and, as may be	30096
required by the chief, a list of producing properties of the owner	30097
within this state or other evidence showing ability and intent to	30098
comply with the law and rules concerning restoration and plugging	30099
that may be required by rule of the chief. The owner of an exempt	30100
Mississippian well is not required to file scheduled updates of	30101
the financial documents, but shall file updates of those documents	30102
if requested to do so by the chief. The owner of a nonexempt	30103
Mississippian well shall file updates of the financial documents	30104
in accordance with a schedule established by rule of the chief.	30105
The chief, upon determining that an owner for whom the chief has	30106
accepted proof of financial responsibility instead of bond cannot	30107
demonstrate financial responsibility, shall order that the owner	30108
execute and file a bond or deposit cash, certificates of deposit,	30109
or irrevocable letters of credit as required by this section for	30110
the wells specified in the order within ten days of receipt of the	30111
order. If the order is not complied with, all wells of the owner	30112
that are specified in the order and for which no bond is filed or	30113
cash, certificates of deposit, or letters of credit are deposited	30114
shall be plugged. No owner shall fail or refuse to plug such a	30115
well. Each day on which such a well remains unplugged thereafter	30116
constitutes a separate offense.	30117

The surety bond provided for in this section shall be	30118
executed by a surety company authorized to do business in this	30119
state.	30120

The chief shall not approve any bond until it is personally	30121
signed and acknowledged by both principal and surety, or as to	30122
either by the principal's or surety's attorney in fact, with a	30123
certified copy of the power of attorney attached thereto. The	30124
chief shall not approve a bond unless there is attached a	30125
certificate of the superintendent of insurance that the company is	30126
authorized to transact a fidelity and surety business in this	30127
state.	30128

All bonds shall be given in a form to be prescribed by the	30129
chief and shall run to the state as obligee.	30130

An owner of an exempt Mississippian well or an exempt	30131
domestic well, in lieu of filing a surety bond, cash in an amount	30132
equal to the surety bond, certificates of deposit, irrevocable	30133
letters of credit, or a sworn financial statement, may file a	30134
one-time fee of fifty dollars, which shall be deposited in the oil	30135
and gas well plugging fund created in section 1509.071 of the	30136
Revised Code.	30137

An owner, operator, producer, or other person shall not	30138
operate a well or produce from a well at any time if the owner,	30139
operator, producer, or other person has not satisfied the	30140
requirements established in this section.	30141

Sec. 1509.071. (A) When the chief of the division of ~~mineral~~	30142
oil and gas resources management finds that an owner has failed to	30143
comply with a final nonappealable order issued or compliance	30144
agreement entered into under section 1509.04, the restoration	30145
requirements of section 1509.072, plugging requirements of section	30146
1509.12, or permit provisions of section 1509.13 of the Revised	30147
Code, or rules and orders relating thereto, the chief shall make a	30148
finding of that fact and declare any surety bond filed to ensure	30149
compliance with those sections and rules forfeited in the amount	30150
set by rule of the chief. The chief thereupon shall certify the	30151
total forfeiture to the attorney general, who shall proceed to	30152
collect the amount of the forfeiture. In addition, the chief may	30153
require an owner, operator, producer, or other person who	30154
forfeited a surety bond to post a new surety bond in the amount of	30155
fifteen thousand dollars for a single well, thirty thousand	30156
dollars for two wells, or fifty thousand dollars for three or more	30157
wells.	30158

In lieu of total forfeiture, the surety or owner, at the	30159
surety's or owner's option, may cause the well to be properly	30160
plugged and abandoned and the area properly restored or pay to the	30161
treasurer of state the cost of plugging and abandonment.	30162

(B) All moneys collected because of forfeitures of bonds as	30163
provided in this section shall be deposited in the state treasury	30164
to the credit of the oil and gas well fund created in section	30165
1509.02 of the Revised Code.	30166

The chief annually shall spend not less than fourteen per	30167
cent of the revenue credited to the fund during the previous	30168
fiscal year for the following purposes:	30169

(1) In accordance with division (D) of this section, to plug	30170
idle and orphaned wells or to restore the land surface properly as	30171
required in section 1509.072 of the Revised Code;	30172

(2) In accordance with division (E) of this section, to	30173
correct conditions that the chief reasonably has determined are	30174
causing imminent health or safety risks at an idle and orphaned	30175
well or a well for which the owner cannot be contacted in order to	30176
initiate a corrective action within a reasonable period of time as	30177
determined by the chief.	30178

Expenditures from the fund shall be made only for lawful	30179
purposes. In addition, expenditures from the fund shall not be	30180
made to purchase real property or to remove a dwelling in order to	30181
access a well.	30182

(C)(1) Upon determining that the owner of a well has failed	30183
to properly plug and abandon it or to properly restore the land	30184
surface at the well site in compliance with the applicable	30185
requirements of this chapter and applicable rules adopted and	30186
orders issued under it or that a well is an abandoned well for	30187
which no funds are available to plug the well in accordance with	30188
this chapter, the chief shall do all of the following:	30189

(a) Determine from the records in the office of the county	30190
recorder of the county in which the well is located the identity	30191
of the owner of the land on which the well is located, the	30192
identity of the owner of the oil or gas lease under which the well	30193
was drilled or the identity of each person owning an interest in	30194
the lease, and the identities of the persons having legal title	30195
to, or a lien upon, any of the equipment appurtenant to the well;	30196

(b) Mail notice to the owner of the land on which the well is	30197
located informing the landowner that the well is to be plugged. If	30198
the owner of the oil or gas lease under which the well was drilled	30199
is different from the owner of the well or if any persons other	30200
than the owner of the well own interests in the lease, the chief	30201
also shall mail notice that the well is to be plugged to the owner	30202
of the lease or to each person owning an interest in the lease, as	30203
appropriate.	30204

(c) Mail notice to each person having legal title to, or a	30205
lien upon, any equipment appurtenant to the well, informing the	30206
person that the well is to be plugged and offering the person the	30207
opportunity to plug the well and restore the land surface at the	30208
well site at the person's own expense in order to avoid forfeiture	30209
of the equipment to this state.	30210

(2) If none of the persons described in division (C)(1)(c) of	30211
this section plugs the well within sixty days after the mailing of	30212
the notice required by that division, all equipment appurtenant to	30213
the well is hereby declared to be forfeited to this state without	30214
compensation and without the necessity for any action by the state	30215
for use to defray the cost of plugging and abandoning the well and	30216
restoring the land surface at the well site.	30217

(D) Expenditures from the fund for the purpose of division	30218
(B)(1) of this section shall be made in accordance with either of	30219
the following:	30220

(1) The expenditures may be made pursuant to contracts	30221
entered into by the chief with persons who agree to furnish all of	30222
the materials, equipment, work, and labor as specified and	30223
provided in such a contract for activities associated with the	30224
restoration or plugging of a well as determined by the chief. The	30225
activities may include excavation to uncover a well, geophysical	30226
methods to locate a buried well when clear evidence of leakage	30227
from the well exists, cleanout of wellbores to remove material	30228
from a failed plugging of a well, plugging operations,	30229
installation of vault and vent systems, including associated	30230
engineering certifications and permits, restoration of property,	30231
and repair of damage to property that is caused by such	30232
activities. Expenditures shall not be used for salaries,	30233
maintenance, equipment, or other administrative purposes, except	30234
for costs directly attributed to the plugging of an idle and	30235
orphaned well. Agents or employees of persons contracting with the	30236
chief for a restoration or plugging project may enter upon any	30237
land, public or private, on which the well is located for the	30238
purpose of performing the work. Prior to such entry, the chief	30239
shall give to the following persons written notice of the	30240
existence of a contract for a project to restore or plug a well,	30241
the names of the persons with whom the contract is made, and the	30242
date that the project will commence: the owner of the well, the	30243
owner of the land upon which the well is located, the owner or	30244
agents of adjoining land, and, if the well is located in the same	30245
township as or in a township adjacent to the excavations and	30246
workings of a mine and the owner or lessee of that mine has	30247
provided written notice identifying those townships to the chief	30248
at any time during the immediately preceding three years, the	30249
owner or lessee of the mine.	30250

(2)(a) The owner of the land on which a well is located who	30251
has received notice under division (C)(1)(b) of this section may	30252
plug the well and be reimbursed by the division of oil and gas	30253
resources management for the reasonable cost of plugging the well.	30254
In order to plug the well, the landowner shall submit an	30255
application to the chief on a form prescribed by the chief and	30256
approved by the technical advisory council on oil and gas created	30257
in section 1509.38 of the Revised Code. The application, at a	30258
minimum, shall require the landowner to provide the same	30259
information as is required to be included in the application for a	30260
permit to plug and abandon under section 1509.13 of the Revised	30261
Code. The application shall be accompanied by a copy of a proposed	30262
contract to plug the well prepared by a contractor regularly	30263
engaged in the business of plugging oil and gas wells. The	30264
proposed contract shall require the contractor to furnish all of	30265
the materials, equipment, work, and labor necessary to plug the	30266
well properly and shall specify the price for doing the work,	30267
including a credit for the equipment appurtenant to the well that	30268
was forfeited to the state through the operation of division	30269
(C)(2) of this section. Expenditures under division (D)(2)(a) of	30270
this section shall be consistent with the expenditures for	30271
activities described in division (D)(1) of this section. The	30272
application also shall be accompanied by the permit fee required	30273
by section 1509.13 of the Revised Code unless the chief, in the	30274
chief's discretion, waives payment of the permit fee. The	30275
application constitutes an application for a permit to plug and	30276
abandon the well for the purposes of section 1509.13 of the	30277
Revised Code.	30278

(b) Within thirty days after receiving an application and	30279
accompanying proposed contract under division (D)(2)(a) of this	30280
section, the chief shall determine whether the plugging would	30281
comply with the applicable requirements of this chapter and	30282
applicable rules adopted and orders issued under it and whether	30283
the cost of the plugging under the proposed contract is	30284
reasonable. If the chief determines that the proposed plugging	30285
would comply with those requirements and that the proposed cost of	30286
the plugging is reasonable, the chief shall notify the landowner	30287
of that determination and issue to the landowner a permit to plug	30288
and abandon the well under section 1509.13 of the Revised Code.	30289
Upon approval of the application and proposed contract, the chief	30290
shall transfer ownership of the equipment appurtenant to the well	30291
to the landowner. The chief may disapprove an application	30292
submitted under division (D)(2)(a) of this section if the chief	30293
determines that the proposed plugging would not comply with the	30294
applicable requirements of this chapter and applicable rules	30295
adopted and orders issued under it, that the cost of the plugging	30296
under the proposed contract is unreasonable, or that the proposed	30297
contract is not a bona fide, ~~arms~~arm's length contract.	30298

(c) After receiving the chief's notice of the approval of the	30299
application and permit to plug and abandon a well under division	30300
(D)(2)(b) of this section, the landowner shall enter into the	30301
proposed contract to plug the well.	30302

(d) Upon determining that the plugging has been completed in	30303
compliance with the applicable requirements of this chapter and	30304
applicable rules adopted and orders issued under it, the chief	30305
shall reimburse the landowner for the cost of the plugging as set	30306
forth in the proposed contract approved by the chief. The	30307
reimbursement shall be paid from the oil and gas well fund. If the	30308
chief determines that the plugging was not completed in accordance	30309
with the applicable requirements, the chief shall not reimburse	30310
the landowner for the cost of the plugging, and the landowner or	30311
the contractor, as applicable, promptly shall transfer back to	30312
this state title to and possession of the equipment appurtenant to	30313
the well that previously was transferred to the landowner under	30314
division (D)(2)(b) of this section. If any such equipment was	30315
removed from the well during the plugging and sold, the landowner	30316
shall pay to the chief the proceeds from the sale of the	30317
equipment, and the chief promptly shall pay the moneys so received	30318
to the treasurer of state for deposit into the oil and gas well	30319
fund.	30320

The chief may establish an annual limit on the number of	30321
wells that may be plugged under division (D)(2) of this section or	30322
an annual limit on the expenditures to be made under that	30323
division.	30324

As used in division (D)(2) of this section, "plug" and	30325
"plugging" include the plugging of the well and the restoration of	30326
the land surface disturbed by the plugging.	30327

(E) Expenditures from the oil and gas well fund for the	30328
purpose of division (B)(2) of this section may be made pursuant to	30329
contracts entered into by the chief with persons who agree to	30330
furnish all of the materials, equipment, work, and labor as	30331
specified and provided in such a contract. The competitive bidding	30332
requirements of Chapter 153. of the Revised Code do not apply if	30333
the chief reasonably determines that correction of the applicable	30334
health or safety risk requires immediate action. The chief,	30335
designated representatives of the chief, and agents or employees	30336
of persons contracting with the chief under this division may	30337
enter upon any land, public or private, for the purpose of	30338
performing the work.	30339

(F) Contracts entered into by the chief under this section	30340
are not subject to either of the following:	30341

(1) Chapter 4115. of the Revised Code;

30342

(2) Section 153.54 of the Revised Code, except that the	30343
contractor shall obtain and provide to the chief as a bid guaranty	30344
a surety bond or letter of credit in an amount equal to ten per	30345
cent of the amount of the contract.	30346

(G) The owner of land on which a well is located who has	30347
received notice under division (C)(1)(b) of this section, in lieu	30348
of plugging the well in accordance with division (D)(2) of this	30349
section, may cause ownership of the well to be transferred to an	30350
owner who is lawfully doing business in this state and who has met	30351
the financial responsibility requirements established under	30352
section 1509.07 of the Revised Code, subject to the approval of	30353
the chief. The transfer of ownership also shall be subject to the	30354
landowner's filing the appropriate forms required under section	30355
1509.31 of the Revised Code and providing to the chief sufficient	30356
information to demonstrate the landowner's or owner's right to	30357
produce a formation or formations. That information may include a	30358
deed, a lease, or other documentation of ownership or property	30359
rights.	30360

The chief shall approve or disapprove the transfer of	30361
ownership of the well. If the chief approves the transfer, the	30362
owner is responsible for operating the well in accordance with	30363
this chapter and rules adopted under it, including, without	30364
limitation, all of the following:	30365

(1) Filing an application with the chief under section	30366
1509.06 of the Revised Code if the owner intends to drill deeper	30367
or produce a formation that is not listed in the records of the	30368
division for that well;	30369

(2) Taking title to and possession of the equipment	30370
appurtenant to the well that has been identified by the chief as	30371
having been abandoned by the former owner;	30372

(3) Complying with all applicable requirements that are	30373
necessary to drill deeper, plug the well, or plug back the well.	30374

(H) The chief shall issue an order that requires the owner of	30375
a well to pay the actual documented costs of a corrective action	30376
that is described in division (B)(2) of this section concerning	30377
the well. The chief shall transmit the money so recovered to the	30378
treasurer of state who shall deposit the money in the state	30379
treasury to the credit of the oil and gas well fund.	30380

Sec. 1509.072. No oil or gas well owner or agent of an oil	30381
or gas well owner shall fail to restore the land surface within	30382
the area disturbed in siting, drilling, completing, and producing	30383
the well as required in this section.	30384

(A) Within fourteen days after the date upon which the	30385
drilling of a well is completed to total depth in an urbanized	30386
area and within two months after the date upon which the drilling	30387
of a well is completed in all other areas, the owner or the	30388
owner's agent, in accordance with the restoration plan filed under	30389
division (A)(10) of section 1509.06 of the Revised Code, shall	30390
fill all the pits for containing brine and other waste substances	30391
resulting, obtained, or produced in connection with exploration or	30392
drilling for oil or gas that are not required by other state or	30393
federal law or regulation, and remove all drilling supplies and	30394
drilling equipment. Unless the chief of the division of ~~mineral~~	30395
oil and gas resources management approves a longer time period,	30396
within three months after the date upon which the surface drilling	30397
of a well is commenced in an urbanized area and within six months	30398
after the date upon which the surface drilling of a well is	30399
commenced in all other areas, the owner or the owner's agent shall	30400
grade or terrace and plant, seed, or sod the area disturbed that	30401
is not required in production of the well where necessary to bind	30402
the soil and prevent substantial erosion and sedimentation. If the	30403
chief finds that a pit used for containing brine, other waste	30404
substances, or oil is in violation of section 1509.22 of the	30405
Revised Code or rules adopted or orders issued under it, the chief	30406
may require the pit to be emptied and closed before expiration of	30407
the fourteen-day or three-month restoration period.	30408

(B) Within three months after a well that has produced oil or	30409
gas is plugged in an urbanized area and within six months after a	30410
well that has produced oil or gas is plugged in all other areas,	30411
or after the plugging of a dry hole, unless the chief approves a	30412
longer time period, the owner or the owner's agent shall remove	30413
all production and storage structures, supplies, and equipment,	30414
and any oil, salt water, and debris, and fill any remaining	30415
excavations. Within that period the owner or the owner's agent	30416
shall grade or terrace and plant, seed, or sod the area disturbed	30417
where necessary to bind the soil and prevent substantial erosion	30418
and sedimentation.	30419

The owner shall be released from responsibility to perform	30420
any or all restoration requirements of this section on any part or	30421
all of the area disturbed upon the filing of a request for a	30422
waiver with and obtaining the written approval of the chief, which	30423
request shall be signed by the surface owner to certify the	30424
approval of the surface owner of the release sought. The chief	30425
shall approve the request unless the chief finds upon inspection	30426
that the waiver would be likely to result in substantial damage to	30427
adjoining property, substantial contamination of surface or	30428
underground water, or substantial erosion or sedimentation.	30429

The chief, by order, may shorten the time periods provided	30430
for under division (A) or (B) of this section if failure to	30431
shorten the periods would be likely to result in damage to public	30432
health or the waters or natural resources of the state.	30433

The chief, upon written application by an owner or an owner's	30434
agent showing reasonable cause, may extend the period within which	30435
restoration shall be completed under divisions (A) and (B) of this	30436
section, but not to exceed a further six-month period, except	30437
under extraordinarily adverse weather conditions or when essential	30438
equipment, fuel, or labor is unavailable to the owner or the	30439
owner's agent.	30440

If the chief refuses to approve a request for waiver or	30441
extension, the chief shall do so by order.	30442

Sec. 1509.073. A person that is issued a permit under this	30443
chapter to drill a new well or drill an existing well deeper in an	30444
urbanized area shall establish fluid drilling conditions prior to	30445
penetration of the Onondaga limestone and continue to use fluid	30446
drilling until total depth of the well is achieved unless the	30447
chief of the division of ~~mineral~~oil and gas resources management	30448
authorizes such drilling without using fluid.	30449

Sec. 1509.08. Upon receipt of an application for a permit	30450
required by section 1509.05 of the Revised Code, or upon receipt	30451
of an application for a permit to plug and abandon under section	30452
1509.13 of the Revised Code, the chief of the division of ~~mineral~~	30453
oil and gas resources management shall determine whether the well	30454
is or is to be located in a coal bearing township.	30455

Whether or not the well is or is to be located in a coal	30456
bearing township, the chief, by order, may refuse to issue a	30457
permit required by section 1509.05 of the Revised Code to any	30458
applicant who at the time of applying for the permit is in	30459
material or substantial violation of this chapter or rules adopted	30460
or orders issued under it. The chief shall refuse to issue a	30461
permit to any applicant who at the time of applying for the permit	30462
has been found liable by a final nonappealable order of a court of	30463
competent jurisdiction for damage to streets, roads, highways,	30464
bridges, culverts, or drainways pursuant to section 4513.34 or	30465
5577.12 of the Revised Code until the applicant provides the chief	30466
with evidence of compliance with the order. No applicant shall	30467
attempt to circumvent this provision by applying for a permit	30468
under a different name or business organization name, by	30469
transferring responsibility to another person or entity, by	30470
abandoning the well or lease, or by any other similar act.	30471

If the well is not or is not to be located in a coal bearing	30472
township, or if it is to be located in a coal bearing township,	30473
but the landowner submits an affidavit attesting to ownership of	30474
the property in fee simple, including the coal, and has no	30475
objection to the well, the chief shall issue the permit.	30476

If the application to drill, reopen, or convert concerns a	30477
well that is or is to be located in a coal bearing township, the	30478
chief shall transmit to the chief of the division of mineral	30479
resources management two copies of the application and three	30480
copies of the map required in section 1509.06 of the Revised Code,	30481
except that, when the affidavit with the waiver of objection	30482
described above is submitted, the chief of the division of oil and	30483
gas resources management shall not transmit the copies.	30484

The chief of the division of mineral resources management	30485
immediately shall notify the owner or lessee of any affected mine	30486
that the application has been filed and send to the owner or	30487
lessee two copies of the map accompanying the application setting	30488
forth the location of the well.	30489

If the owner or lessee objects to the location of the well or	30490
objects to any location within fifty feet of the original location	30491
as a possible site for relocation of the well, the owner or lessee	30492
shall notify the chief of the division of mineral resources	30493
management of the objection, giving the reasons for the objection	30494
and, if applicable, indicating on a copy of the map the particular	30495
location or locations within fifty feet of the original location	30496
to which the owner or lessee objects as a site for possible	30497
relocation of the well, within six days after the receipt of the	30498
notice. If the chief receives no objections from the owner or	30499
lessee of the mine within ten days after the receipt of the notice	30500
by the owner or lessee, or if in the opinion of the chief the	30501
objections offered by the owner or lessee are not sufficiently	30502
well founded, the chief immediately shall notify the owner or	30503
lessee of those findings. The owner or lessee may appeal the	30504
decision of the chief to the reclamation commission under section	30505
1513.13 of the Revised Code. The appeal shall be filed within	30506
fifteen days, notwithstanding provisions in divisions (A)(1) of	30507
section 1513.13 of the Revised Code, to the contrary, from the	30508
date on which the owner or lessee receives the notice. If the	30509
appeal is not filed within that time, the chief immediately shall	30510
approve the application ~~and~~, retain a copy of the application and	30511
map, and return a copy of the application to the chief of the	30512
division of oil and gas resources management with the approval	30513
noted on it. The chief of the division of oil and gas resources	30514
management then shall issue the permit if the provisions of this	30515
chapter pertaining to the issuance of such a permit have been	30516
complied with.	30517

If the chief of the division of mineral resources management	30518
receives an objection from the owner or lessee of the mine as to	30519
the location of the well within ten days after receipt of the	30520
notice by the owner or lessee, and if in the opinion of the chief	30521
the objection is well founded, the chief shall disapprove the	30522
application and ~~suggest~~immediately return it to the chief of the	30523
division of oil and gas resources management together with the	30524
reasons for disapproval and a suggestion for a new location for	30525
the well, provided that the suggested new location shall not be a	30526
location within fifty feet of the original location to which the	30527
owner or lessee has objected as a site for possible relocation of	30528
the well if the chief of the division of mineral resources	30529
management has determined that the objection is well founded. The	30530
chief of the division of oil and gas resources management	30531
immediately shall notify the applicant for the permit of the	30532
disapproval and any suggestion made by the chief of the division	30533
of mineral resources management as to a new location for the well.	30534
The applicant may withdraw the application or amend the	30535
application to drill the well at the location suggested by the	30536
chief, or the applicant may appeal the disapproval of the	30537
application by the chief to the reclamation commission.	30538

If the chief of the division of mineral resources management	30539
receives no objection from the owner or lessee of a mine as to the	30540
location of the well, but does receive an objection from the owner	30541
or lessee as to one or more locations within fifty feet of the	30542
original location as possible sites for relocation of the well	30543
within ten days after receipt of the notice by the owner or	30544
lessee, and if in the opinion of the chief the objection is well	30545
founded, the chief nevertheless shall approve the application and	30546
shall return it immediately to the chief of the division of oil	30547
and gas resources management together with the reasons for	30548
disapproving any of the locations to which the owner or lessee	30549
objects as possible sites for the relocation of the well. The	30550
chief of the division of oil and gas resources management then	30551
shall issue a permit if the provisions of this chapter pertaining	30552
to the issuance of such a permit have been complied with,	30553
incorporating as a term or condition of the permit that the	30554
applicant is prohibited from commencing drilling at any location	30555
within fifty feet of the original location that has been	30556
disapproved by the chief of the division of mineral resources	30557
management. The applicant may appeal to the reclamation commission	30558
the terms and conditions of the permit prohibiting the	30559
commencement of drilling at any such location disapproved by the	30560
chief of the division of mineral resources management.	30561

Any such appeal shall be filed within fifteen days,	30562
notwithstanding provisions in division (A)(1) of section 1513.13	30563
of the Revised Code to the contrary, from the date the applicant	30564
receives notice of the disapproval of the application, any other	30565
location within fifty feet of the original location, or terms or	30566
conditions of the permit, or the owner or lessee receives notice	30567
of the chief's decision. No approval or disapproval of an	30568
application shall be delayed by the chief of the division of	30569
mineral resources management for more than fifteen days from the	30570
date of sending the notice of the application to the mine owner or	30571
lessee as required by this section.	30572

All appeals provided for in this section shall be treated as	30573
expedited appeals. The reclamation commission shall hear any such	30574
appeal in accordance with section 1513.13 of the Revised Code and	30575
issue a decision within thirty days of the filing of the notice of	30576
appeal.	30577

The chief of the division of oil and gas resources management	30578
shall not issue a permit to drill a new well or reopen a well that	30579
is or is to be located within three hundred feet of any opening of	30580
any mine used as a means of ingress, egress, or ventilation for	30581
persons employed in the mine, nor within one hundred feet of any	30582
building or inflammable structure connected with the mine and	30583
actually used as a part of the operating equipment of the mine,	30584
unless the chief of the division of mineral resources management	30585
determines that life or property will not be endangered by	30586
drilling and operating the well in that location.	30587

The chief of the division of mineral resources management may	30588
suspend the drilling or reopening of a well in a coal bearing	30589
township after determining that the drilling or reopening	30590
activities present an imminent and substantial threat to public	30591
health or safety or to miners' health or safety and having been	30592
unable to contact the chief of the division of oil and gas	30593
resources management to request an order of suspension under	30594
section 1509.06 of the Revised Code. Before issuing a suspension	30595
order for that purpose, the chief of the division of mineral	30596
resources management shall notify the owner in a manner that in	30597
the chief's judgment would provide reasonable notification that	30598
the chief intends to issue a suspension order. The chief may issue	30599
such an order without prior notification if reasonable attempts to	30600
notify the owner have failed, but in that event notification shall	30601
be given as soon thereafter as practical. Within five calendar	30602
days after the issuance of the order, the chief shall provide the	30603
owner an opportunity to be heard and to present evidence that the	30604
activities do not present an imminent and substantial threat to	30605
public health or safety or to miners' health or safety. If, after	30606
considering the evidence presented by the owner, the chief	30607
determines that the activities do not present such a threat, the	30608
chief shall revoke the suspension order. An owner may appeal a	30609
suspension order issued by the chief of the division of mineral	30610
resources management under this section to the reclamation	30611
commission in accordance with section 1513.13 of the Revised Code	30612
or may appeal the order directly to the court of common pleas of	30613
the county in which the well is located.	30614

Sec. 1509.09. A well may be drilled under a permit only at	30615
the location designated on the map required in section 1509.06 of	30616
the Revised Code. The location of a well may be changed after the	30617
issuance of a permit only with the approval of the chief of the	30618
division of ~~mineral~~oil and gas resources management and, if the	30619
well is located in a coal bearing township, with the approval of	30620
the chief of the division of mineral resources management using	30621
the procedures required in section 1509.08 of the Revised Code for	30622
a permit to drill a well unless the permit holder requests the	30623
issuance of an emergency drilling permit under this section due to	30624
a lost hole under such circumstances that completion of the well	30625
is not feasible at the original location. If a permit holder	30626
requests a change of location, the permit holder shall return the	30627
original permit and file an amended map indicating the proposed	30628
new location.	30629

Drilling shall not be commenced at a new location until the	30630
original permit bearing a notation of approval by the chief or	30631
chiefs is posted at the well site. However, a permit holder may	30632
commence drilling at a new location without first receiving the	30633
prior approval required by this section, if all of the following	30634
conditions are met:	30635

(A) Within one working day after spudding the new well, the	30636
permit holder files a request for an emergency drilling permit and	30637
submits to the chief of the division of oil and gas resources	30638
management an application for a permit that meets the requirements	30639
of section 1509.06 of the Revised Code, including the permit fee	30640
required by that section, with an amended map showing the new	30641
location;.	30642

(B) ~~A mineral~~An oil and gas resources inspector is present	30643
before spudding operations are commenced at the location;.	30644

(C) The original well is plugged prior to the skidding of the	30645
drilling rig to the new location, and the plugging is witnessed or	30646
verified by ~~a mineral~~an oil and gas resources inspector or, if	30647
the well is located in a coal bearing township, both a deputy mine	30648
inspector and ~~a mineral~~an oil and gas resources inspector unless	30649
the chief or the chief's authorized representative temporarily	30650
waives the requirement, but in any event the original well shall	30651
be plugged before the drilling rig is moved from the location;.	30652

(D) The new location is within fifty feet of the original	30653
location unless, upon request of the permit holder, the chief,	30654
with the approval of the chief of the division of mineral	30655
resources management if the well is located in a coal bearing	30656
township, agrees to a new location farther than fifty feet from	30657
the original location;.	30658

(E) The new location meets all the distance and spacing	30659
requirements prescribed by rules adopted under sections 1509.23	30660
and 1509.24 of the Revised Code;.	30661

(F) If the well is located in a coal bearing township, use of	30662
the new well location has not been disapproved by the chief of the	30663
division of mineral resources management and has not been	30664
prohibited as a term or condition of the permit under section	30665
1509.08 of the Revised Code.	30666

If the chief of the division of oil and gas resources	30667
management approves the change of location, the chief shall issue	30668
an emergency permit within two working days after the filing of	30669
the request for the emergency permit. If the chief disapproves the	30670
change of location, the chief shall, by order, deny the request	30671
and may issue an appropriate enforcement order under section	30672
1509.03 of the Revised Code.	30673

Sec. 1509.10. (A) Any person drilling within the state	30674
shall, within sixty days after the completion of drilling	30675
operations to the proposed total depth or after a determination	30676
that a well is a dry or lost hole, file with the division of	30677
~~mineral~~oil and gas resources management all wireline electric	30678
logs and an accurate well completion record on a form that is	30679
approved by the chief of the division of ~~mineral~~oil and gas	30680
resources management that designates:	30681

(1) The purpose for which the well was drilled;

30682

(2) The character, depth, and thickness of geological units	30683
encountered, including coal seams, mineral beds, associated fluids	30684
such as fresh water, brine, and crude oil, natural gas, and sour	30685
gas, if such seams, beds, fluids, or gases are known;	30686

(3) The dates on which drilling operations were commenced and	30687
completed;	30688

(4) The types of drilling tools used and the name of the	30689
person that drilled the well;	30690

(5) The length in feet of the various sizes of casing and	30691
tubing used in drilling the well, the amount removed after	30692
completion, the type and setting depth of each packer, all other	30693
data relating to cementing in the annular space behind such casing	30694
or tubing, and data indicating completion as a dry, gas, oil,	30695
combination oil and gas, brine injection, or artificial brine well	30696
or a stratigraphic test;	30697

(6) The number of perforations in the casing and the	30698
intervals of the perforations;	30699

(7) The elevation above mean sea level of the point from	30700
which the depth measurements were made, stating also the height of	30701
the point above ground level at the well, the total depth of the	30702
well, and the deepest geological unit that was penetrated in the	30703
drilling of the well;	30704

(8) If applicable, the type, volume, and concentration of	30705
acid, and the date on which acid was used in acidizing the well;	30706

(9) If applicable, the type and volume of fluid used to	30707
stimulate the reservoir of the well, the reservoir breakdown	30708
pressure, the method used for the containment of fluids recovered	30709
from the fracturing of the well, the methods used for the	30710
containment of fluids when pulled from the wellbore from swabbing	30711
the well, the average pumping rate of the well, and the name of	30712
the person that performed the well stimulation. In addition, the	30713
owner shall include a copy of the log from the stimulation of the	30714
well, a copy of the invoice for each of the procedures and methods	30715
described in division (A)(9) of this section that were used on a	30716
well, and a copy of the pumping pressure and rate graphs. However,	30717
the owner may redact from the copy of each invoice that is	30718
required to be included under division (A)(9) of this section the	30719
costs of and charges for the procedures and methods described in	30720
division (A)(9) of this section that were used on a well.	30721

(10) The name of the company that performed the logging of	30722
the well and the types of wireline electric logs performed on the	30723
well.	30724

The well completion record shall be submitted in duplicate.	30725
The first copy shall be retained as a permanent record in the	30726
files of the division, and the second copy shall be transmitted by	30727
the chief to the division of geological survey.	30728

(B)(1) Not later than sixty days after the completion of the	30729
drilling operations to the proposed total depth, the owner shall	30730
file all wireline electric logs with the division of ~~mineral~~oil	30731
and gas resources management and the chief shall transmit such	30732
logs electronically, if available, to the division of geological	30733
survey. Such logs may be retained by the owner for a period of not	30734
more than six months, or such additional time as may be granted by	30735
the chief in writing, after the completion of the well	30736
substantially to the depth shown in the application required by	30737
section 1509.06 of the Revised Code.	30738

(2) If a well is not completed within sixty days after the	30739
completion of drilling operations, the owner shall file with the	30740
division of oil and gas resources management a supplemental well	30741
completion record that includes all of the information required	30742
under this section within sixty days after the completion of the	30743
well.	30744

(C) Upon request in writing by the chief of the division of	30745
geological survey prior to the beginning of drilling of the well,	30746
the person drilling the well shall make available a complete set	30747
of cuttings accurately identified as to depth.	30748

(D) The form of the well completion record required by this	30749
section shall be one that has been approved by the chief of the	30750
division of ~~mineral~~oil and gas resources management and the chief	30751
of the division of geological survey. The filing of a log as	30752
required by this section fulfills the requirement of filing a log	30753
with the chief of the division of geological survey in section	30754
1505.04 of the Revised Code.	30755

(E) If there is a material listed on the invoice that is	30756
required by division (A)(9) of this section for which the division	30757
of ~~mineral~~oil and gas resources management does not have a	30758
material safety data sheet, the chief shall obtain a copy of the	30759
material safety data sheet for the material and post a copy of the	30760
material safety data sheet on the division's web site.	30761

Sec. 1509.11. The owner of any well producing or capable of	30762
producing oil or gas shall file with the chief of the division of	30763
~~mineral~~oil and gas resources management, on or before the	30764
thirty-first day of March, a statement of production of oil, gas,	30765
and brine for the last preceding calendar year in such form as the	30766
chief may prescribe. An owner that has more than one hundred wells	30767
in this state shall submit electronically the statement of	30768
production in a format that is approved by the chief. The chief	30769
shall include on the form, at the minimum, a request for the	30770
submittal of the information that a person who is regulated under	30771
this chapter is required to submit under the "Emergency Planning	30772
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42	30773
U.S.C.A. 11001, and regulations adopted under it, and that the	30774
division does not obtain through other reporting mechanisms.	30775

Sec. 1509.12. (A) No owner of any well shall construct a	30776
well, or permit defective casing in a well to leak fluids or	30777
gases, that causes damage to other permeable strata, underground	30778
sources of drinking water, or the surface of the land or that	30779
threatens the public health and safety or the environment. Upon	30780
the discovery that the casing in a well is defective or that a	30781
well was not adequately constructed, the owner of the well shall	30782
notify the chief of the division of ~~mineral~~oil and gas resources	30783
management within twenty-four hours of the discovery, and the	30784
owner shall immediately repair the casing, correct the	30785
construction inadequacies, or plug and abandon the well.	30786

(B) When the chief finds that a well should be plugged, the	30787
chief shall notify the owner to that effect by order in writing	30788
and shall specify in the order a reasonable time within which to	30789
comply. No owner shall fail or refuse to plug a well within the	30790
time specified in the order. Each day on which such a well remains	30791
unplugged thereafter constitutes a separate offense.	30792

Where the plugging method prescribed by rules adopted	30793
pursuant to section 1509.15 of the Revised Code cannot be applied	30794
or if applied would be ineffective in carrying out the protection	30795
that the law is meant to give, the chief may designate a different	30796
method of plugging. The abandonment report shall show the manner	30797
in which the well was plugged.	30798

(C) In case of oil or gas wells abandoned prior to September	30799
1, 1978, the board of county commissioners of the county in which	30800
the wells are located may submit to the electors of the county the	30801
question of establishing a special fund, by general levy, by	30802
general bond issue, or out of current funds, which shall be	30803
approved by a majority of the electors voting upon that question	30804
for the purpose of plugging the wells. The fund shall be	30805
administered by the board and the plugging of oil and gas wells	30806
shall be under the supervision of the chief, and the board shall	30807
let contracts for that purpose, provided that the fund shall not	30808
be used for the purpose of plugging oil and gas wells that were	30809
abandoned subsequent to September 1, 1978.	30810

Sec. 1509.13. (A) No person shall plug and abandon a well	30811
without having a permit to do so issued by the chief of the	30812
division of ~~mineral~~oil and gas resources management. The permit	30813
shall be issued by the chief in accordance with this chapter and	30814
shall be valid for a period of twenty-four months from the date of	30815
issue.	30816

(B) Application by the owner for a permit to plug and abandon	30817
shall be filed as many days in advance as will be necessary for a	30818
~~mineral~~an oil and gas resources inspector or, if the well is	30819
located in a coal bearing township, both a deputy mine inspector	30820
and ~~a mineral~~an oil and gas resources inspector to be present at	30821
the plugging. The application shall be filed with the chief upon a	30822
form that the chief prescribes and shall contain the following	30823
information:	30824

(1) The name and address of the owner;

30825

(2) The signature of the owner or the owner's authorized	30826
agent. When an authorized agent signs an application, it shall be	30827
accompanied by a certified copy of the appointment as that agent.	30828

(3) The location of the well identified by section or lot	30829
number, city, village, township, and county;	30830

(4) Designation of well by name and number;

30831

(5) The total depth of the well to be plugged;

30832

(6) The date and amount of last production from the well;

30833

(7) Other data that the chief may require.

30834

(C) If oil or gas has been produced from the well, the	30835
application shall be accompanied by a fee of two hundred fifty	30836
dollars. If a well has been drilled in accordance with law and the	30837
permit is still valid, the permit holder may receive approval to	30838
plug the well from ~~a mineral~~an oil and gas resources inspector so	30839
that the well can be plugged and abandoned without undue delay.	30840
Unless waived by ~~a mineral~~an oil and gas resources inspector,	30841
the owner of a well or the owner's authorized representative shall	30842
notify ~~a mineral~~an oil and gas resources inspector at least	30843
twenty-four hours prior to the commencement of the plugging of a	30844
well. No well shall be plugged and abandoned without ~~a mineral~~an	30845
oil and gas resources inspector present unless permission has been	30846
granted by the chief. The owner of a well that has produced oil or	30847
gas shall give written notice at the same time to the owner of the	30848
land upon which the well is located and to all lessors that	30849
receive gas from the well pursuant to a lease agreement. If the	30850
well penetrates or passes within one hundred feet of the	30851
excavations and workings of a mine, the owner of the well shall	30852
give written notice to the owner or lessee of that mine, of the	30853
well owner's intention to abandon the well and of the time when	30854
the well owner will be prepared to commence plugging it.	30855

(D) An applicant may file a request with the chief for	30856
expedited review of an application for a permit to plug and	30857
abandon a well. The chief may refuse to accept a request for	30858
expedited review if, in the chief's judgment, acceptance of the	30859
request will prevent the issuance, within twenty-one days of	30860
filing, of permits for which applications filed under section	30861
1509.06 of the Revised Code are pending. In addition to a complete	30862
application for a permit that meets the requirements of this	30863
section and the permit fee prescribed by this section, if	30864
applicable, a request shall be accompanied by a nonrefundable	30865
filing fee of five hundred dollars unless the chief has ordered	30866
the applicant to plug and abandon the well. When a request for	30867
expedited review is filed, the chief shall immediately begin to	30868
process the application and shall issue a permit within seven days	30869
of the filing of the request unless the chief, by order, denies	30870
the application.	30871

(E) This section does not apply to a well plugged or	30872
abandoned in compliance with section 1571.05 of the Revised Code.	30873

Sec. 1509.14. Any person who abandons a well, when written	30874
permission has been granted by the chief of the division of	30875
~~mineral~~oil and gas resources management to abandon and plug the	30876
well without an inspector being present to supervise the plugging,	30877
shall make a written report of the abandonment to the chief. The	30878
report shall be submitted not later than thirty days after the	30879
date of abandonment and shall include all of the following:	30880

(A) The date of abandonment;

30881

(B) The name of the owner or operator of the well at the time	30882
of abandonment and the post-office address of the owner or	30883
operator;	30884

(C) The location of the well as to township and county and	30885
the name of the owner of the surface upon which the well is	30886
drilled, with the address thereof;	30887

(D) The date of the permit to drill;

30888

(E) The date when drilled;

30889

(F) The depth of the well;

30890

(G) The depth of the top of the formation to which the well	30891
was drilled;	30892

(H) The depth of each seam of coal drilled through, if known;

30893

(I) A detailed report as to how the well was plugged, giving	30894
in particular the manner in which the coal and various formations	30895
were plugged, and the date of the plugging of the well, including	30896
the names of those who witnessed the plugging of the well.	30897

The report shall be signed by the owner or operator, or the	30898
agent of the owner or operator, who abandons and plugs the well	30899
and verified by the oath of the party so signing. For the purposes	30900
of this section, the ~~mineral~~oil and gas resources inspectors may	30901
take acknowledgments and administer oaths to the parties signing	30902
the report.	30903

Sec. 1509.15. When any well is to be abandoned, it shall	30904
first be plugged in accordance with a method of plugging adopted	30905
by rule by the chief of the division of ~~mineral~~oil and gas	30906
resources management. The abandonment report shall show the manner	30907
in which the well was plugged.	30908

Sec. 1509.17. (A) A well shall be constructed in a manner	30909
that is approved by the chief of the division of ~~mineral~~oil and	30910
gas resources management as specified in the permit using	30911
materials that comply with industry standards for the type and	30912
depth of the well and the anticipated fluid pressures that are	30913
associated with the well. In addition, a well shall be constructed	30914
using sufficient steel or conductor casing in a manner that	30915
supports unconsolidated sediments, that protects and isolates all	30916
underground sources of drinking water as defined by the Safe	30917
Drinking Water Act, and that provides a base for a blowout	30918
preventer or other well control equipment that is necessary to	30919
control formation pressures and fluids during the drilling of the	30920
well and other operations to complete the well. Using steel	30921
production casing with sufficient cement, an oil and gas reservoir	30922
shall be isolated during well stimulation and during the	30923
productive life of the well. In addition, sour gas zones and gas	30924
bearing zones that have sufficient pressure and volume to	30925
over-pressurize the surface production casing annulus resulting in	30926
annular overpressurization shall be isolated using approved	30927
cementing, casing, and well construction practices. However,	30928
isolating an oil and gas reservoir shall not exclude open-hole	30929
completion. A well shall not be perforated for purposes of well	30930
stimulation in any zone that is located around casing that	30931
protects underground sources of drinking water without written	30932
authorization from the chief in accordance with division (D) of	30933
this section. When the well penetrates the excavations of a mine,	30934
the casing shall remain intact as provided in section 1509.18 of	30935
the Revised Code and be plugged and abandoned in accordance with	30936
section 1509.15 of the Revised Code.	30937

(B) The chief may adopt rules in accordance with Chapter 119.	30938
of the Revised Code that are consistent with division (A) of this	30939
section and that establish standards for constructing a well, for	30940
evaluating the quality of well construction materials, and for	30941
completing remedial cementing. In addition, the standards	30942
established in the rules shall consider local geology and various	30943
drilling conditions and shall require the use of reasonable	30944
methods that are based on sound engineering principles.	30945

(C) An owner or an owner's authorized representative shall	30946
notify ~~a mineral~~an oil and gas resources inspector each time that	30947
the owner or the authorized representative notifies a person to	30948
perform the cementing of the conductor casing, the surface casing,	30949
or the production casing. In addition, not later than sixty days	30950
after the completion of the cementing of the production casing, an	30951
owner shall submit to the chief a copy of the cement tickets for	30952
each cemented string of casing and a copy of all logs that were	30953
used to evaluate the quality of the cementing.	30954

(D) The chief shall grant an exemption from this section and	30955
rules adopted under it for a well if the chief determines that a	30956
cement bond log confirms zonal isolation and there is a minimum of	30957
five hundred feet between the uppermost perforation of the casing	30958
and the lowest depth of an underground source of drinking water.	30959

Sec. 1509.181. (A) The chief of the division of mineral	30960
resources management may order the immediate suspension of the	30961
drilling or reopening of a well in a coal bearing township after	30962
determining that the drilling or reopening activities present an	30963
imminent and substantial threat to public health or safety or to a	30964
miner's health or safety.	30965

(B) Before issuing an order under division (A) of this	30966
section, the chief shall notify the chief of the division of oil	30967
and gas resources management and the owner in any manner that the	30968
chief of the division of mineral resources management determines	30969
would provide reasonable notification of the chief's intent to	30970
issue a suspension order. However, the chief may order the	30971
immediate suspension of the drilling or reopening of a well in a	30972
coal bearing township without prior notification to the owner if	30973
the chief has made reasonable attempts to notify the owner and the	30974
attempts have failed. If the chief orders the immediate suspension	30975
of such drilling or reopening, the chief shall provide the chief	30976
of the division of oil and gas resources management and the owner	30977
notice of the order as soon as practical.	30978

(C) Not later than five days after the issuance of an order	30979
under division (A) of this section to immediately suspend the	30980
drilling or reopening of a well in a coal bearing township, the	30981
chief of the division of mineral resources management shall	30982
provide the owner an opportunity to be heard and to present	30983
evidence that the drilling or reopening activities will not likely	30984
result in an imminent and substantial threat to public health or	30985
safety or to a miner's health or safety, as applicable. If the	30986
chief, after considering all evidence presented by the owner,	30987
determines that the activities do not present such a threat, the	30988
chief shall revoke the suspension order.	30989

(D) Notwithstanding any other provision of this chapter, an	30990
owner may appeal a suspension order issued under this section to	30991
the reclamation commission in accordance with section 1513.13 of	30992
the Revised Code.	30993

Sec. 1509.19. An owner who elects to stimulate a well shall	30994
stimulate the well in a manner that will not endanger underground	30995
sources of drinking water. Not later than twenty-four hours before	30996
commencing the stimulation of a well, the owner or the owner's	30997
authorized representative shall notify ~~a mineral~~an oil and gas	30998
resources inspector. If during the stimulation of a well damage to	30999
the production casing or cement occurs and results in the	31000
circulation of fluids from the annulus of the surface production	31001
casing, the owner shall immediately terminate the stimulation of	31002
the well and notify the chief of the division of ~~mineral~~oil and	31003
gas resources management. If the chief determines that the casing	31004
and the cement may be remediated in a manner that isolates the oil	31005
and gas bearing zones of the well, the chief may authorize the	31006
completion of the stimulation of the well. If the chief determines	31007
that the stimulation of a well resulted in irreparable damage to	31008
the well, the chief shall order that the well be plugged and	31009
abandoned within thirty days of the issuance of the order.	31010

For purposes of determining the integrity of the remediation	31011
of the casing or cement of a well that was damaged during the	31012
stimulation of the well, the chief may require the owner of the	31013
well to submit cement evaluation logs, temperature surveys,	31014
pressure tests, or a combination of such logs, surveys, and tests.	31015

Sec. 1509.21. No person shall, without first having obtained	31016
a permit from the chief of the division of ~~mineral~~oil and gas	31017
resources management, conduct secondary or additional recovery	31018
operations, including any underground injection of fluids or	31019
carbon dioxide for the secondary or tertiary recovery of oil or	31020
natural gas or for the storage of hydrocarbons that are liquid at	31021
standard temperature or pressure, unless a rule of the chief	31022
expressly authorizes such operations without a permit. The permit	31023
shall be in addition to any permit required by section 1509.05 of	31024
the Revised Code. Secondary or additional recovery operations	31025
shall be conducted in accordance with rules and orders of the	31026
chief and any terms or conditions of the permit authorizing such	31027
operations. In addition, the chief may authorize tests to evaluate	31028
whether fluids or carbon dioxide may be injected in a reservoir	31029
and to determine the maximum allowable injection pressure. The	31030
tests shall be conducted in accordance with methods prescribed in	31031
rules of the chief or conditions of the permit. Rules adopted	31032
under this section shall include provisions regarding applications	31033
for and the issuance of permits; the terms and conditions of	31034
permits; entry to conduct inspections and to examine records to	31035
ascertain compliance with this section and rules, orders, and	31036
terms and conditions of permits adopted or issued thereunder; the	31037
provision and maintenance of information through monitoring,	31038
recordkeeping, and reporting; and other provisions in furtherance	31039
of the goals of this section and the Safe Drinking Water Act. To	31040
implement the goals of the Safe Drinking Water Act, the chief	31041
shall not issue a permit for the underground injection of fluids	31042
for the secondary or tertiary recovery of oil or natural gas or	31043
for the storage of hydrocarbons that are liquid at standard	31044
temperature and pressure, unless the chief concludes that the	31045
applicant has demonstrated that the injection will not result in	31046
the presence of any contaminant in underground water that supplies	31047
or can be reasonably expected to supply any public water system,	31048
such that the presence of any such contaminant may result in the	31049
system's not complying with any national primary drinking water	31050
regulation or may otherwise adversely affect the health of	31051
persons. Rules, orders, and terms or conditions of permits adopted	31052
or issued under this section shall be construed to be no more	31053
stringent than required for compliance with the Safe Drinking	31054
Water Act, unless essential to ensure that underground sources of	31055
drinking water will not be endangered.	31056

Sec. 1509.22. (A) Except when acting in accordance with	31057
section 1509.226 of the Revised Code, no person shall place or	31058
cause to be placed brine, crude oil, natural gas, or other fluids	31059
associated with the exploration or development of oil and gas	31060
resources in surface or ground water or in or on the land in such	31061
quantities or in such manner as actually causes or could	31062
reasonably be anticipated to cause either of the following:	31063

(1) Water used for consumption by humans or domestic animals	31064
to exceed the standards of the Safe Drinking Water Act;	31065

(2) Damage or injury to public health or safety or the	31066
environment.	31067

(B) No person shall store or dispose of brine in violation of	31068
a plan approved under division (A) of section 1509.222 or section	31069
1509.226 of the Revised Code, in violation of a resolution	31070
submitted under section 1509.226 of the Revised Code, or in	31071
violation of rules or orders applicable to those plans or	31072
resolutions.	31073

(C) The chief of the division of ~~mineral~~oil and gas	31074
resources management shall adopt rules and issue orders regarding	31075
storage and disposal of brine and other waste substances; however,	31076
the storage and disposal of brine and other waste substances and	31077
the chief's rules relating to storage and disposal are subject to	31078
all of the following standards:	31079

(1) Brine from any well except an exempt Mississippian well	31080
shall be disposed of only by injection into an underground	31081
formation, including annular disposal if approved by rule of the	31082
chief, which injection shall be subject to division (D) of this	31083
section; by surface application in accordance with section	31084
1509.226 of the Revised Code; in association with a method of	31085
enhanced recovery as provided in section 1509.21 of the Revised	31086
Code; or by other methods approved by the chief for testing or	31087
implementing a new technology or method of disposal. Brine from	31088
exempt Mississippian wells shall not be discharged directly into	31089
the waters of the state.	31090

(2) Muds, cuttings, and other waste substances shall not be	31091
disposed of in violation of any rule.	31092

(3) Pits or steel tanks shall be used as authorized by the	31093
chief for containing brine and other waste substances resulting	31094
from, obtained from, or produced in connection with drilling, well	31095
stimulation, reworking, reconditioning, plugging back, or plugging	31096
operations. The pits and steel tanks shall be constructed and	31097
maintained to prevent the escape of brine and other waste	31098
substances.	31099

(4) A dike or pit may be used for spill prevention and	31100
control. A dike or pit so used shall be constructed and maintained	31101
to prevent the escape of brine and crude oil, and the reservoir	31102
within such a dike or pit shall be kept reasonably free of brine,	31103
crude oil, and other waste substances.	31104

(5) Earthen impoundments constructed pursuant to the	31105
division's specifications may be used for the temporary storage of	31106
fluids used in the stimulation of a well.	31107

(6) No pit, earthen impoundment, or dike shall be used for	31108
the temporary storage of brine or other substances except in	31109
accordance with divisions (C)(3) to (5) of this section.	31110

(7) No pit or dike shall be used for the ultimate disposal of	31111
brine or other liquid waste substances.	31112

(D) No person, without first having obtained a permit from	31113
the chief, shall inject brine or other waste substances resulting	31114
from, obtained from, or produced in connection with oil or gas	31115
drilling, exploration, or production into an underground formation	31116
unless a rule of the chief expressly authorizes the injection	31117
without a permit. The permit shall be in addition to any permit	31118
required by section 1509.05 of the Revised Code, and the permit	31119
application shall be accompanied by a permit fee of one thousand	31120
dollars. The chief shall adopt rules in accordance with Chapter	31121
119. of the Revised Code regarding the injection into wells of	31122
brine and other waste substances resulting from, obtained from, or	31123
produced in connection with oil or gas drilling, exploration, or	31124
production. The rules may authorize tests to evaluate whether	31125
fluids or carbon dioxide may be injected in a reservoir and to	31126
determine the maximum allowable injection pressure, which shall be	31127
conducted in accordance with methods prescribed in the rules or in	31128
accordance with conditions of the permit. In addition, the rules	31129
shall include provisions regarding applications for and issuance	31130
of the permits required by this division; entry to conduct	31131
inspections and to examine and copy records to ascertain	31132
compliance with this division and rules, orders, and terms and	31133
conditions of permits adopted or issued under it; the provision	31134
and maintenance of information through monitoring, recordkeeping,	31135
and reporting; and other provisions in furtherance of the goals of	31136
this section and the Safe Drinking Water Act. To implement the	31137
goals of the Safe Drinking Water Act, the chief shall not issue a	31138
permit for the injection of brine or other waste substances	31139
resulting from, obtained from, or produced in connection with oil	31140
or gas drilling, exploration, or production unless the chief	31141
concludes that the applicant has demonstrated that the injection	31142
will not result in the presence of any contaminant in ground water	31143
that supplies or can reasonably be expected to supply any public	31144
water system, such that the presence of the contaminant may result	31145
in the system's not complying with any national primary drinking	31146
water regulation or may otherwise adversely affect the health of	31147
persons. This division and rules, orders, and terms and conditions	31148
of permits adopted or issued under it shall be construed to be no	31149
more stringent than required for compliance with the Safe Drinking	31150
Water Act unless essential to ensure that underground sources of	31151
drinking water will not be endangered.	31152

(E) The owner holding a permit, or an assignee or transferee	31153
who has assumed the obligations and liabilities imposed by this	31154
chapter and any rules adopted or orders issued under it pursuant	31155
to section 1509.31 of the Revised Code, and the operator of a well	31156
shall be liable for a violation of this section or any rules	31157
adopted or orders or terms or conditions of a permit issued under	31158
it.	31159

(F) An owner shall replace the water supply of the holder of	31160
an interest in real property who obtains all or part of the	31161
holder's supply of water for domestic, agricultural, industrial,	31162
or other legitimate use from an underground or surface source	31163
where the supply has been substantially disrupted by	31164
contamination, diminution, or interruption proximately resulting	31165
from the owner's oil or gas operation, or the owner may elect to	31166
compensate the holder of the interest in real property for the	31167
difference between the fair market value of the interest before	31168
the damage occurred to the water supply and the fair market value	31169
after the damage occurred if the cost of replacing the water	31170
supply exceeds this difference in fair market values. However,	31171
during the pendency of any order issued under this division, the	31172
owner shall obtain for the holder or shall reimburse the holder	31173
for the reasonable cost of obtaining a water supply from the time	31174
of the contamination, diminution, or interruption by the operation	31175
until the owner has complied with an order of the chief for	31176
compliance with this division or such an order has been revoked or	31177
otherwise becomes not effective. If the owner elects to pay the	31178
difference in fair market values, but the owner and the holder	31179
have not agreed on the difference within thirty days after the	31180
chief issues an order for compliance with this division, within	31181
ten days after the expiration of that thirty-day period, the owner	31182
and the chief each shall appoint an appraiser to determine the	31183
difference in fair market values, except that the holder of the	31184
interest in real property may elect to appoint and compensate the	31185
holder's own appraiser, in which case the chief shall not appoint	31186
an appraiser. The two appraisers appointed shall appoint a third	31187
appraiser, and within thirty days after the appointment of the	31188
third appraiser, the three appraisers shall hold a hearing to	31189
determine the difference in fair market values. Within ten days	31190
after the hearing, the appraisers shall make their determination	31191
by majority vote and issue their final determination of the	31192
difference in fair market values. The chief shall accept a	31193
determination of the difference in fair market values made by	31194
agreement of the owner and holder or by appraisers under this	31195
division and shall make and dissolve orders accordingly. This	31196
division does not affect in any way the right of any person to	31197
enforce or protect, under applicable law, the person's interest in	31198
water resources affected by an oil or gas operation.	31199

(G) In any action brought by the state for a violation of	31200
division (A) of this section involving any well at which annular	31201
disposal is used, there shall be a rebuttable presumption	31202
available to the state that the annular disposal caused the	31203
violation if the well is located within a one-quarter-mile radius	31204
of the site of the violation.	31205

Sec. 1509.221. (A) No person, without first having obtained	31206
a permit from the chief of the division of ~~mineral~~oil and gas	31207
resources management, shall drill a well or inject a substance	31208
into a well for the exploration for or extraction of minerals or	31209
energy, other than oil or natural gas, including, but not limited	31210
to, the mining of sulfur by the Frasch process, the solution	31211
mining of minerals, the in situ combustion of fossil fuel, or the	31212
recovery of geothermal energy to produce electric power, unless a	31213
rule of the chief expressly authorizes the activity without a	31214
permit. The permit shall be in addition to any permit required by	31215
section 1509.05 of the Revised Code. The chief shall adopt rules	31216
in accordance with Chapter 119. of the Revised Code governing the	31217
issuance of permits under this section. The rules shall include	31218
provisions regarding the matters the applicant for a permit shall	31219
demonstrate to establish eligibility for a permit; the form and	31220
content of applications for permits; the terms and conditions of	31221
permits; entry to conduct inspections and to examine and copy	31222
records to ascertain compliance with this section and rules,	31223
orders, and terms and conditions of permits adopted or issued	31224
thereunder; provision and maintenance of information through	31225
monitoring, recordkeeping, and reporting; and other provisions in	31226
furtherance of the goals of this section and the Safe Drinking	31227
Water Act. To implement the goals of the Safe Drinking Water Act,	31228
the chief shall not issue a permit under this section, unless the	31229
chief concludes that the applicant has demonstrated that the	31230
drilling, injection of a substance, and extraction of minerals or	31231
energy will not result in the presence of any contaminant in	31232
underground water that supplies or can reasonably be expected to	31233
supply any public water system, such that the presence of the	31234
contaminant may result in the system's not complying with any	31235
national primary drinking water regulation or may otherwise	31236
adversely affect the health of persons. The chief may issue,	31237
without a prior adjudication hearing, orders requiring compliance	31238
with this section and rules, orders, and terms and conditions of	31239
permits adopted or issued thereunder. This section and rules,	31240
orders, and terms and conditions of permits adopted or issued	31241
thereunder shall be construed to be no more stringent than	31242
required for compliance with the Safe Drinking Water Act, unless	31243
essential to ensure that underground sources of drinking water	31244
will not be endangered.	31245

(B)(1) There is levied on the owner of an injection well who	31246
has been issued a permit under division (D) of section 1509.22 of	31247
the Revised Code the following fees:	31248

(a) Five cents per barrel of each substance that is delivered	31249
to a well to be injected in the well when the substance is	31250
produced within the division of ~~mineral~~oil and gas resources	31251
management regulatory district in which the well is located or	31252
within an adjoining ~~mineral~~oil and gas resources management	31253
regulatory district;	31254

(b) Twenty cents per barrel of each substance that is	31255
delivered to a well to be injected in the well when the substance	31256
is not produced within the division of ~~mineral~~oil and gas	31257
resources management regulatory district in which the well is	31258
located or within an adjoining ~~mineral~~oil and gas resources	31259
management regulatory district.	31260

(2) The maximum number of barrels of substance per injection	31261
well in a calendar year on which a fee may be levied under	31262
division (B) of this section is five hundred thousand. If in a	31263
calendar year the owner of an injection well receives more than	31264
five hundred thousand barrels of substance to be injected in the	31265
owner's well and if the owner receives at least one substance that	31266
is produced within the division's regulatory district in which the	31267
well is located or within an adjoining regulatory district and at	31268
least one substance that is not produced within the division's	31269
regulatory district in which the well is located or within an	31270
adjoining regulatory district, the fee shall be calculated first	31271
on all of the barrels of substance that are not produced within	31272
the division's regulatory district in which the well is located or	31273
within an adjoining district at the rate established in division	31274
(B)(2) of this section. The fee then shall be calculated on the	31275
barrels of substance that are produced within the division's	31276
regulatory district in which the well is located or within an	31277
adjoining district at the rate established in division (B)(1) of	31278
this section until the maximum number of barrels established in	31279
division (B)(2) of this section has been attained.	31280

(3) The owner of an injection well who is issued a permit	31281
under division (D) of section 1509.22 of the Revised Code shall	31282
collect the fee levied by division (B) of this section on behalf	31283
of the division of ~~mineral~~oil and gas resources management and	31284
forward the fee to the division. The chief shall transmit all	31285
money received under division (B) of this section to the treasurer	31286
of state who shall deposit the money in the state treasury to the	31287
credit of the oil and gas well fund created in section 1509.02 of	31288
the Revised Code. The owner of an injection well who collects the	31289
fee levied by this division may retain up to three per cent of the	31290
amount that is collected.	31291

(4) The chief shall adopt rules in accordance with Chapter	31292
119. of the Revised Code establishing requirements and procedures	31293
for collection of the fee levied by division (B) of this section.	31294

(C) In an action under section 1509.04 or 1509.33 of the	31295
Revised Code to enforce this section, the court shall grant	31296
preliminary and permanent injunctive relief and impose a civil	31297
penalty upon the showing that the person against whom the action	31298
is brought has violated, is violating, or will violate this	31299
section or rules, orders, or terms or conditions of permits	31300
adopted or issued thereunder. The court shall not require, prior	31301
to granting such preliminary and permanent injunctive relief or	31302
imposing a civil penalty, proof that the violation was, is, or	31303
will be the result of intentional conduct or negligence. In any	31304
such action, any person may intervene as a plaintiff upon the	31305
demonstration that the person has an interest that is or may be	31306
adversely affected by the activity for which injunctive relief or	31307
a civil penalty is sought.	31308

Sec. 1509.222. (A)(1) Except as provided in section 1509.226	31309
of the Revised Code, no person shall transport brine by vehicle in	31310
this state unless the business entity that employs the person	31311
first registers with and obtains a registration certificate and	31312
identification number from the chief of the division of ~~mineral~~	31313
oil and gas resources management.	31314

(2) No more than one registration certificate shall be	31315
required of any business entity. Registration certificates issued	31316
under this section are not transferable. An applicant shall file	31317
an application with the chief, containing such information in such	31318
form as the chief prescribes, but including a plan for disposal	31319
that provides for compliance with the requirements of this chapter	31320
and rules of the chief pertaining to the transportation of brine	31321
by vehicle and the disposal of brine so transported and that lists	31322
all disposal sites that the applicant intends to use, the bond	31323
required by section 1509.225 of the Revised Code, and a	31324
certificate issued by an insurance company authorized to do	31325
business in this state certifying that the applicant has in force	31326
a liability insurance policy in an amount not less than three	31327
hundred thousand dollars bodily injury coverage and three hundred	31328
thousand dollars property damage coverage to pay damages for	31329
injury to persons or property caused by the collecting, handling,	31330
transportation, or disposal of brine. The policy shall be	31331
maintained in effect during the term of the registration	31332
certificate. The policy or policies providing the coverage shall	31333
require the insurance company to give notice to the chief if the	31334
policy or policies lapse for any reason. Upon such termination of	31335
the policy, the chief may suspend the registration certificate	31336
until proper insurance coverage is obtained. Each application for	31337
a registration certificate shall be accompanied by a nonrefundable	31338
fee of five hundred dollars.	31339

(3) If a business entity that has been issued a registration	31340
certificate under this section changes its name due to a business	31341
reorganization or merger, the business entity shall revise the	31342
bond or certificates of deposit required by section 1509.225 of	31343
the Revised Code and obtain a new certificate from an insurance	31344
company in accordance with division (A)(2) of this section to	31345
reflect the change in the name of the business entity.	31346

(B) The chief shall issue an order denying an application for	31347
a registration certificate if the chief finds that either of the	31348
following applies:	31349

(1) The applicant, at the time of applying for the	31350
registration certificate, has been found liable by a final	31351
nonappealable order of a court of competent jurisdiction for	31352
damage to streets, roads, highways, bridges, culverts, or	31353
drainways pursuant to section 4513.34 or 5577.12 of the Revised	31354
Code until the applicant provides the chief with evidence of	31355
compliance with the order.	31356

(2) The applicant's plan for disposal does not provide for	31357
compliance with the requirements of this chapter and rules of the	31358
chief pertaining to the transportation of brine by vehicle and the	31359
disposal of brine so transported.	31360

(C) No applicant shall attempt to circumvent division (B) of	31361
this section by applying for a registration certificate under a	31362
different name or business organization name, by transferring	31363
responsibility to another person or entity, or by any similar act.	31364

(D) A registered transporter shall apply to revise a disposal	31365
plan under procedures that the chief shall prescribe by rule.	31366
However, at a minimum, an application for a revision shall list	31367
all sources and disposal sites of brine currently transported. The	31368
chief shall deny any application for a revision of a plan under	31369
this division if the chief finds that the proposed revised plan	31370
does not provide for compliance with the requirements of this	31371
chapter and rules of the chief pertaining to the transportation of	31372
brine by vehicle and the disposal of brine so transported.	31373
Approvals and denials of revisions shall be by order of the chief.	31374

(E) The chief may adopt rules, issue orders, and attach terms	31375
and conditions to registration certificates as may be necessary to	31376
administer, implement, and enforce sections 1509.222 to 1509.226	31377
of the Revised Code for protection of public health or safety or	31378
conservation of natural resources.	31379

Sec. 1509.223. (A) No permit holder or owner of a well shall	31380
enter into an agreement with or permit any person to transport	31381
brine produced from the well who is not registered pursuant to	31382
section 1509.222 of the Revised Code or exempt from registration	31383
under section 1509.226 of the Revised Code.	31384

(B) Each registered transporter shall file with the chief of	31385
the division of ~~mineral~~oil and gas resources management, on or	31386
before the fifteenth day of April, a statement concerning brine	31387
transported, including quantities transported and source and	31388
delivery points, during the last preceding calendar year, and such	31389
other information in such form as the chief may prescribe.	31390

(C) Each registered transporter shall keep on each vehicle	31391
used to transport brine a daily log and have it available upon the	31392
request of the chief or an authorized representative of the chief	31393
or a peace officer. The log shall, at a minimum, include all of	31394
the following information:	31395

(1) The name of the owner or owners of the well or wells	31396
producing the brine to be transported;	31397

(2) The date and time the brine is loaded;

31398

(3) The name of the driver;

31399

(4) The amount of brine loaded at each collection point;

31400

(5) The disposal location;

31401

(6) The date and time the brine is disposed of and the amount	31402
of brine disposed of at each location.	31403

No registered transporter shall falsify or fail to keep or	31404
submit the log required by this division.	31405

(D) Each registered transporter shall legibly identify with	31406
reflective paints all vehicles employed in transporting or	31407
disposing of brine. Letters shall be no less than four inches in	31408
height and shall indicate the identification number issued by the	31409
chief, the word "brine," and the name and telephone number of the	31410
transporter.	31411

(E) The chief shall maintain and keep a current list of	31412
persons registered to transport brine under section 1509.222 of	31413
the Revised Code. The list shall be open to public inspection. It	31414
is an affirmative defense to a charge under division (A) of this	31415
section that at the time the permit holder or owner of a well	31416
entered into an agreement with or permitted a person to transport	31417
brine, the person was shown on the list as currently registered to	31418
transport brine.	31419

Sec. 1509.224. (A) In addition to any other remedies	31420
provided in this chapter, if the chief of the division of ~~mineral~~	31421
oil and gas resources management has reason to believe that a	31422
pattern of the same or similar violations of any requirements of	31423
~~sections~~section 1509.22, 1509.222, or 1509.223 of the Revised	31424
Code, or any rule adopted thereunder or term or condition of the	31425
registration certificate issued thereunder exists or has existed,	31426
and the violations are caused by the transporter's indifference,	31427
lack of diligence, or lack of reasonable care, or are willfully	31428
caused by the transporter, the chief shall immediately issue an	31429
order to the transporter to show cause why the certificate should	31430
not be suspended or revoked. After the issuance of the order, the	31431
chief shall provide the transporter an opportunity to be heard and	31432
to present evidence at an informal hearing conducted by the chief.	31433
If, at the conclusion of the hearing, the chief finds that such a	31434
pattern of violations exists or has existed, the chief shall issue	31435
an order suspending or revoking the transporter's registration	31436
certificate. An order suspending or revoking a certificate under	31437
this section may be appealed under sections 1509.36 and 1509.37 of	31438
the Revised Code, or notwithstanding any other provision of this	31439
chapter, may be appealed directly to the court of common pleas of	31440
Franklin county.	31441

(B) Before issuing an order denying a registration	31442
certificate; approving or denying approval of an application for	31443
revision of a registered transporter's plan for disposal; or to	31444
implement, administer, or enforce section 1509.22, 1509.222,	31445
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and	31446
terms and conditions of registration certificates adopted or	31447
issued thereunder pertaining to the transportation of brine by	31448
vehicle and the disposal of brine so transported, the chief shall	31449
issue a preliminary order indicating the chief's intent to issue a	31450
final order. The preliminary order shall clearly state the nature	31451
of the chief's proposed action and the findings on which it is	31452
based and shall state that the preliminary order becomes a final	31453
order thirty days after its issuance unless the person to whom the	31454
preliminary order is directed submits to the chief a written	31455
request for an informal hearing before the chief within that	31456
thirty-day period. At the hearing the person may present evidence	31457
as to why the preliminary order should be revoked or modified.	31458
Based upon the findings from the informal hearing, the chief shall	31459
revoke, issue, or modify and issue the preliminary order as a	31460
final order. A final order may be appealed under sections 1509.36	31461
and 1509.37 of the Revised Code.	31462

Sec. 1509.225. (A) Before being issued a registration	31463
certificate under section 1509.222 of the Revised Code, an	31464
applicant shall execute and file with the division of ~~mineral~~oil	31465
and gas resources management a surety bond for fifteen thousand	31466
dollars to provide compensation for damage and injury resulting	31467
from transporters' violations of sections 1509.22, 1509.222, and	31468
1509.223 of the Revised Code, all rules and orders of the chief of	31469
the division of ~~mineral resource~~oil and gas resources management	31470
relating thereto, and all terms and conditions of the registration	31471
certificate imposed thereunder. The applicant may deposit with the	31472
chief, in lieu of a surety bond, cash in an amount equal to the	31473
surety bond as prescribed in this section, or negotiable	31474
certificates of deposit issued by any bank organized or	31475
transacting business in this state, or certificates of deposit	31476
issued by any building and loan association as defined in section	31477
1151.01 of the Revised Code, having a cash value equal to or	31478
greater than the amount of the surety bond as prescribed in this	31479
section. Cash or certificates of deposit shall be deposited upon	31480
the same terms as those upon which surety bonds may be deposited.	31481
If certificates of deposit are deposited with the chief in lieu of	31482
a surety bond, the chief shall require the bank or building and	31483
loan association that issued any such certificate to pledge	31484
securities of a cash value equal to the amount of the certificate	31485
that is in excess of the amount insured by any of the agencies and	31486
instrumentalities created under the "Federal Deposit Insurance	31487
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and	31488
regulations adopted under it, including at least the federal	31489
deposit insurance corporation, bank insurance fund, and savings	31490
association insurance fund.	31491

Such securities shall be security for the repayment of the	31492
certificate of deposit. Immediately upon a deposit of cash or	31493
certificates with the chief, the chief shall deliver it to the	31494
treasurer of state who shall hold it in trust for the purposes for	31495
which it has been deposited.	31496

(B) The surety bond provided for in this section shall be	31497
executed by a surety company authorized to do business in this	31498
state. The chief shall not approve any bond until it is personally	31499
signed and acknowledged by both principal and surety, or as to	31500
either by an attorney in fact, with a certified copy of the power	31501
of attorney attached thereto. The chief shall not approve the bond	31502
unless there is attached a certificate of the superintendent of	31503
insurance that the company is authorized to transact a fidelity	31504
and surety business in this state. All bonds shall be given in a	31505
form to be prescribed by the chief.	31506

(C) If a registered transporter is found liable for a	31507
violation of section 1509.22, 1509.222, or 1509.223 of the Revised	31508
Code or a rule, order, or term or condition of a certificate	31509
involving, in any case, damage or injury to persons or property,	31510
or both, the court may order the forfeiture of any portion of the	31511
bond, cash, or other securities required by this section in full	31512
or partial payment of damages to the person to whom the damages	31513
are due. The treasurer of state and the chief shall deliver the	31514
bond or any cash or other securities deposited in lieu of bond, as	31515
specified in the court's order, to the person to whom the damages	31516
are due; however, execution against the bond, cash, or other	31517
securities, if necessary, is the responsibility of the person to	31518
whom the damages are due. The chief shall not release the bond,	31519
cash, or securities required by this section except by court order	31520
or until the registration is terminated.	31521

Sec. 1509.226. (A) If a board of county commissioners, a	31522
board of township trustees, or the legislative authority of a	31523
municipal corporation wishes to permit the surface application of	31524
brine to roads, streets, highways, and other similar land surfaces	31525
it owns or has the right to control for control of dust or ice, it	31526
may adopt a resolution permitting such application as provided in	31527
this section. If a board or legislative authority does not adopt	31528
such a resolution, then no such surface application of brine is	31529
permitted on such roads, streets, highways, and other similar	31530
surfaces. If a board or legislative authority votes on a proposed	31531
resolution to permit such surface application of brine, but the	31532
resolution fails to receive the affirmative vote of a majority of	31533
the board or legislative authority, the board or legislative	31534
authority shall not adopt such a resolution for one year following	31535
the date on which the vote was taken. A board or legislative	31536
authority shall hold at least one public hearing on any proposal	31537
to permit surface application of brine under this division and may	31538
hold additional hearings. The board or legislative authority shall	31539
publish notice of the time and place of each such public hearing	31540
in a newspaper of general circulation in the political subdivision	31541
at least five days before the day on which the hearing is to be	31542
held.	31543

(B) If a board or legislative authority adopts a resolution	31544
permitting the surface application of brine to roads, streets,	31545
highways, and other similar land surfaces under division (A) of	31546
this section, the board or legislative authority shall, within	31547
thirty days after the adoption of the resolution, prepare and	31548
submit to the chief of the division of ~~mineral~~oil and gas	31549
resources management a copy of the resolution. Any department,	31550
agency, or instrumentality of this state or the United States that	31551
wishes to permit the surface application of brine to roads,	31552
streets, highways, and other similar land surfaces it owns or has	31553
a right to control shall prepare and submit guidelines for such	31554
application, but need not adopt a resolution under division (A) of	31555
this section permitting such surface application.	31556

All resolutions and guidelines shall be subject to the	31557
following standards:	31558

(1) Brine shall not be applied:

31559

(a) To a water-saturated surface;

31560

(b) Directly to vegetation near or adjacent to surfaces being	31561
treated;	31562

(c) Within twelve feet of structures crossing bodies of water	31563
or crossing drainage ditches;	31564

(d) Between sundown and sunrise, except for ice control.

31565

(2) The discharge of brine through the spreader bar shall	31566
stop when the application stops.	31567

(3) The applicator vehicle shall be moving at least five	31568
miles per hour at all times while the brine is being applied.	31569

(4) The maximum spreader bar nozzle opening shall be	31570
three-quarters of an inch in diameter.	31571

(5) The maximum uniform application rate of brine shall be	31572
three thousand gallons per mile on a twelve-foot-wide road or	31573
three gallons per sixty square feet on unpaved lots.	31574

(6) The applicator vehicle discharge valve shall be closed	31575
between the brine collection point and the specific surfaces that	31576
have been approved for brine application.	31577

(7) Any valves that provide for tank draining other than	31578
through the spreader bar shall be closed during the brine	31579
application and transport.	31580

(8) The angle of discharge from the applicator vehicle	31581
spreader bar shall not be greater than sixty degrees from the	31582
perpendicular to the unpaved surface.	31583

(9) Only the last twenty-five per cent of an applicator	31584
vehicle's contents shall be allowed to have a pressure greater	31585
than atmospheric pressure; therefore, the first seventy-five per	31586
cent of the applicator vehicle's contents shall be discharged	31587
under atmospheric pressure.	31588

(10) Only brine that is produced from a well shall be allowed	31589
to be spread on a road. Fluids from the drilling of a well,	31590
flowback from the stimulation of a well, and other fluids used to	31591
treat a well shall not be spread on a road.	31592

If a resolution or guidelines contain only the standards	31593
listed in ~~division~~divisions (B)(1) to (10) of this section,	31594
without addition or qualification, the resolution or guidelines	31595
shall be deemed effective when submitted to the chief without	31596
further action by the chief. All other resolutions and guidelines	31597
shall comply with and be no less stringent than this chapter,	31598
rules concerning surface application that the chief shall adopt	31599
under division (C) of section 1509.22 of the Revised Code, and	31600
other rules of the chief. Within fifteen days after receiving such	31601
other resolutions and guidelines, the chief shall review them for	31602
compliance with the law and rules and disapprove them if they do	31603
not comply.	31604

The board, legislative authority, or department, agency, or	31605
instrumentality may revise and resubmit any resolutions or	31606
guidelines that the chief disapproves after each disapproval, and	31607
the chief shall again review and approve or disapprove them within	31608
fifteen days after receiving them. The board, legislative	31609
authority, or department, agency, or instrumentality may amend any	31610
resolutions or guidelines previously approved by the chief and	31611
submit them, as amended, to the chief. The chief shall receive,	31612
review, and approve or disapprove the amended resolutions or	31613
guidelines on the same basis and in the same time as original	31614
resolutions or guidelines. The board, legislative authority, or	31615
department, agency, or instrumentality shall not implement amended	31616
resolutions or guidelines until they are approved by the chief	31617
under this division.	31618

(C) Any person, other than a political subdivision required	31619
to adopt a resolution under division (A) of this section or a	31620
department, agency, or instrumentality of this state or the United	31621
States, who owns or has a legal right or obligation to maintain a	31622
road, street, highway, or other similar land surface may file with	31623
the board of county commissioners a written plan for the	31624
application of brine to the road, street, highway, or other	31625
surface. The board need not approve any such plans, but if it	31626
approves a plan, the plan shall comply with this chapter, rules	31627
adopted thereunder, and the board's resolutions, if any.	31628
Disapproved plans may be revised and resubmitted for the board's	31629
approval. Approved plans may also be revised and submitted to the	31630
board. A plan or revised plan shall do all of the following:	31631

(1) Identify the sources of brine to be used under the plan;

31632

(2) Identify by name, address, and registration certificate,	31633
if applicable, any transporters of the brine;	31634

(3) Specifically identify the places to which the brine will	31635
be applied;	31636

(4) Specifically describe the method, rate, and frequency of	31637
application.	31638

(D) The board may attach terms and conditions to approval of	31639
a plan, or revised plan, and may revoke approval for any violation	31640
of this chapter, rules adopted thereunder, resolutions adopted by	31641
the board, or terms or conditions attached by the board. The board	31642
shall conduct at least one public hearing before approving a plan	31643
or revised plan, publishing notice of the time and place of each	31644
such public hearing in a newspaper of general circulation in the	31645
county at least five days before the day on which the hearing is	31646
to be held. The board shall record the filings of all plans and	31647
revised plans in its journal. The board shall approve, disapprove,	31648
or revoke approval of a plan or revised plan by the adoption of a	31649
resolution. Upon approval of a plan or revised plan, the board	31650
shall send a copy of the plan to the chief. Upon revoking approval	31651
of a plan or revised plan, the board shall notify the chief of the	31652
revocation.	31653

(E) No person shall:

31654

(1) Apply brine to a water-saturated surface;

31655

(2) Apply brine directly to vegetation adjacent to the	31656
surface of roads, streets, highways, and other surfaces to which	31657
brine may be applied.	31658

(F) Each political subdivision that adopts a resolution under	31659
divisions (A) and (B) of this section, each department, agency, or	31660
instrumentality of this state or the United States that submits	31661
guidelines under division (B) of this section, and each person who	31662
files a plan under divisions (C) and (D) of this section shall, on	31663
or before the fifteenth day of April of each year, file a report	31664
with the chief concerning brine applied within the person's or	31665
governmental entity's jurisdiction, including the quantities	31666
transported and the sources and application points during the last	31667
preceding calendar year and such other information in such form as	31668
the chief requires.	31669

(G) Any political subdivision or department, agency, or	31670
instrumentality of this state or the United States that applies	31671
brine under this section may do so with its own personnel,	31672
vehicles, and equipment without registration under or compliance	31673
with section 1509.222 or 1509.223 of the Revised Code and without	31674
the necessity for filing the surety bond or other security	31675
required by section 1509.225 of the Revised Code. However, each	31676
such entity shall legibly identify vehicles used to apply brine	31677
with reflective paint in letters no less than four inches in	31678
height, indicating the word "brine" and that the vehicle is a	31679
vehicle of the political subdivision, department, agency, or	31680
instrumentality. Except as stated in this division, such entities	31681
shall transport brine in accordance with sections 1509.22 to	31682
1509.226 of the Revised Code.	31683

(H) A surface application plan filed for approval under	31684
division (C) of this section shall be accompanied by a	31685
nonrefundable fee of fifty dollars, which shall be credited to the	31686
general fund of the county. An approved plan is valid for one year	31687
from the date of its approval unless it is revoked before that	31688
time. An approved revised plan is valid for the remainder of the	31689
term of the plan it supersedes unless it is revoked before that	31690
time. Any person who has filed such a plan or revised plan and had	31691
it approved may renew it by refiling it in accordance with	31692
divisions (C) and (D) of this section within thirty days before	31693
any anniversary of the date on which the original plan was	31694
approved. The board shall notify the chief of renewals and	31695
nonrenewals of plans. Even if a renewed plan is approved under	31696
those divisions, the plan is not effective until notice is	31697
received by the chief, and until notice is received, the chief	31698
shall enforce this chapter and rules adopted thereunder with	31699
regard to the affected roads, streets, highways, and other similar	31700
land surfaces as if the plan had not been renewed.	31701

(I) A resolution adopted under division (A) of this section	31702
by a board or legislative authority shall be effective for one	31703
year following the date of its adoption and from month to month	31704
thereafter until the board or legislative authority, by	31705
resolution, terminates the authority granted in the original	31706
resolution. The termination shall be effective not less than seven	31707
days after enactment of the resolution, and a copy of the	31708
resolution shall be sent to the chief.	31709

Sec. 1509.23. (A) Rules of the chief of the division of	31710
~~mineral~~oil and gas resources management may specify practices to	31711
be followed in the drilling and treatment of wells, production of	31712
oil and gas, and plugging of wells for protection of public health	31713
or safety or to prevent damage to natural resources, including	31714
specification of the following:	31715

(1) Appropriate devices;

31716

(2) Minimum distances that wells and other excavations,	31717
structures, and equipment shall be located from water wells,	31718
streets, roads, highways, rivers, lakes, streams, ponds, other	31719
bodies of water, railroad tracks, public or private recreational	31720
areas, zoning districts, and buildings or other structures. Rules	31721
adopted under division (A)(2) of this section shall not conflict	31722
with section 1509.021 of the Revised Code.	31723

(3) Other methods of operation;

31724

(4) Procedures, methods, and equipment and other requirements	31725
for equipment to prevent and contain discharges of oil and brine	31726
from oil production facilities and oil drilling and workover	31727
facilities consistent with and equivalent in scope, content, and	31728
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	31729
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	31730
as amended, and regulations adopted under it. In addition, the	31731
rules may specify procedures, methods, and equipment and other	31732
requirements for equipment to prevent and contain surface and	31733
subsurface discharges of fluids, condensates, and gases.	31734

(5) Notifications.

31735

(B) The chief, in consultation with the emergency response	31736
commission created in section 3750.02 of the Revised Code, shall	31737
adopt rules in accordance with Chapter 119. of the Revised Code	31738
that specify the information that shall be included in an	31739
electronic database that the chief shall create and host. The	31740
information shall be that which the chief considers to be	31741
appropriate for the purpose of responding to emergency situations	31742
that pose a threat to public health or safety or the environment.	31743
At the minimum, the information shall include that which a person	31744
who is regulated under this chapter is required to submit under	31745
the "Emergency Planning and Community Right-To-Know Act of 1986,"	31746
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	31747
it.	31748

In addition, the rules shall specify whether and to what	31749
extent the database and the information that it contains will be	31750
made accessible to the public. The rules shall ensure that the	31751
database will be made available via the internet or a system of	31752
computer disks to the emergency response commission and to every	31753
local emergency planning committee and fire department in this	31754
state.	31755

Sec. 1509.24. (A) The chief of the division of ~~mineral~~oil	31756
and gas resources management, with the approval of the technical	31757
advisory council on oil and gas created in section 1509.38 of the	31758
Revised Code, may adopt, amend, or rescind rules relative to	31759
minimum acreage requirements for drilling units and minimum	31760
distances from which a new well may be drilled or an existing well	31761
deepened, plugged back, or reopened to a source of supply	31762
different from the existing pool from boundaries of tracts,	31763
drilling units, and other wells for the purpose of conserving oil	31764
and gas reserves. The rules relative to minimum acreage	31765
requirements for drilling units shall require a drilling unit to	31766
be compact and composed of contiguous land.	31767

(B) Rules adopted under this section and special orders made	31768
under section 1509.25 of the Revised Code shall apply only to new	31769
wells to be drilled or existing wells to be deepened, plugged	31770
back, or reopened to a source of supply different from the	31771
existing pool for the purpose of extracting oil or gas in their	31772
natural state.	31773

Sec. 1509.25. The chief of the division of ~~mineral~~oil and	31774
gas resources management, upon the chief's own motion or upon	31775
application of an owner, may hold a hearing to consider the need	31776
or desirability of adopting a special order for drilling unit	31777
requirements in a particular pool different from those established	31778
under section 1509.24 of the Revised Code. The chief shall notify	31779
every owner of land within the area proposed to be included within	31780
the order, of the date, time, and place of the hearing and the	31781
nature of the order being considered at least thirty days prior to	31782
the date of the hearing. Each application for such an order shall	31783
be accompanied by such information as the chief may request. If	31784
the chief finds that the pool can be defined with reasonable	31785
certainty, that the pool is in the initial state of development,	31786
and that the establishment of such different requirements for	31787
drilling a well on a tract or drilling unit in ~~such~~the pool is	31788
reasonably necessary to protect correlative rights or to provide	31789
effective development, use, or conservation of oil and gas, the	31790
chief, with the written approval of the technical advisory council	31791
on oil and gas created in section 1509.38 of the Revised Code,	31792
shall make a special order designating the area covered by the	31793
order, and specifying the acreage requirements for drilling a well	31794
on a tract or drilling unit in ~~such~~the area, which acreage	31795
requirements shall be uniform for the entire pool. The order shall	31796
specify minimum distances from the boundary of the tract or	31797
drilling unit for the drilling of wells and minimum distances from	31798
other wells and allow exceptions for wells drilled or drilling in	31799
a particular pool at the time of the filing of the application.	31800
The chief may exempt the discovery well from minimum acreage and	31801
distance requirements in the order. After the date of the notice	31802
for a hearing called to make ~~such~~the order, no additional well	31803
shall be commenced in the pool for a period of sixty days or until	31804
an order has been made pursuant to the application, whichever is	31805
earlier. The chief, upon the chief's own motion or upon	31806
application of an owner, after a hearing and with the approval of	31807
the technical advisory council on oil and gas, may include	31808
additional lands determined to be underlaid by a particular pool	31809
or to exclude lands determined not to be underlaid by a particular	31810
pool, and may modify the spacing and acreage requirements of the	31811
order.	31812

Nothing in this section permits the chief to establish	31813
drilling units in a pool by requiring the use of a survey grid	31814
coordinate system with fixed or established unit boundaries.	31815

Sec. 1509.26. The owners of adjoining tracts may agree to	31816
pool ~~such~~the tracts to form a drilling unit that conforms to the	31817
minimum acreage and distance requirements of the division of	31818
~~mineral~~oil and gas resources management under section 1509.24 or	31819
1509.25 of the Revised Code. ~~Such~~The agreement shall be in	31820
writing, a copy of which shall be submitted to the division with	31821
the application for a permit required by section 1509.05 of the	31822
Revised Code. Parties to the agreement shall designate one of	31823
their number as the applicant for ~~such~~the permit.	31824

Sec. 1509.27. If a tract of land is of insufficient size or	31825
shape to meet the requirements for drilling a well thereon as	31826
provided in section 1509.24 or 1509.25 of the Revised Code,	31827
whichever is applicable, and the owner of the tract who also is	31828
the owner of the mineral interest has been unable to form a	31829
drilling unit under agreement as provided in section 1509.26 of	31830
the Revised Code, on a just and equitable basis, such an owner may	31831
make application to the division of ~~mineral~~oil and gas resources	31832
management for a mandatory pooling order.	31833

The application shall include information as shall be	31834
reasonably required by the chief of the division of ~~mineral~~oil	31835
and gas resources management and shall be accompanied by an	31836
application for a permit as required by section 1509.05 of the	31837
Revised Code. The chief shall notify all owners of land within the	31838
area proposed to be included within the drilling unit of the	31839
filing of the application and of their right to a hearing. After	31840
the hearing or after the expiration of thirty days from the date	31841
notice of application was mailed to such owners, the chief, if	31842
satisfied that the application is proper in form and that	31843
mandatory pooling is necessary to protect correlative rights and	31844
to provide effective development, use, and conservation of oil and	31845
gas, shall issue a drilling permit and a mandatory pooling order	31846
complying with the requirements for drilling a well as provided in	31847
section 1509.24 or 1509.25 of the Revised Code, whichever is	31848
applicable. The mandatory pooling order shall:	31849

(A) Designate the boundaries of the drilling unit within	31850
which the well shall be drilled;	31851

(B) Designate the proposed production site;

31852

(C) Describe each separately owned tract or part thereof	31853
pooled by the order;	31854

(D) Allocate on a surface acreage basis a pro rata portion of	31855
the production to the owner of each tract pooled by the order. The	31856
pro rata portion shall be in the same proportion that the	31857
percentage of the owner's acreage is to the state minimum acreage	31858
requirements established in rules adopted under this chapter for a	31859
drilling unit unless the applicant demonstrates to the chief using	31860
geological evidence that the geologic structure containing the oil	31861
or gas is larger than the minimum acreage requirement in which	31862
case the pro rata portion shall be in the same proportion that the	31863
percentage of the owner's acreage is to the geologic structure.	31864

(E) Specify the basis upon which each owner of a tract pooled	31865
by the order shall share all reasonable costs and expenses of	31866
drilling and producing if the owner elects to participate in the	31867
drilling and operation of the well;	31868

(F) Designate the person to whom the permit shall be issued.

31869

A person shall not submit more than five applications for	31870
mandatory pooling orders per year under this section unless	31871
otherwise approved by the chief.	31872

No surface operations or disturbances to the surface of the	31873
land shall occur on a tract pooled by an order without the written	31874
consent of or a written agreement with the owner of the tract that	31875
approves the operations or disturbances.	31876

If an owner of a tract pooled by the order does not elect to	31877
participate in the risk and cost of the drilling and operation of	31878
a well, the owner shall be designated as a nonparticipating owner	31879
in the drilling and operation of the well on a limited or carried	31880
basis and is subject to terms and conditions determined by the	31881
chief to be just and reasonable. In addition, if an owner is	31882
designated as a nonparticipating owner, the owner is not liable	31883
for actions or conditions associated with the drilling or	31884
operation of the well. If the applicant bears the costs of	31885
drilling, equipping, and operating a well for the benefit of a	31886
nonparticipating owner, as provided for in the pooling order, then	31887
the applicant shall be entitled to the share of production from	31888
the drilling unit accruing to the interest of that	31889
nonparticipating owner, exclusive of the nonparticipating owner's	31890
proportionate share of the royalty interest until there has been	31891
received the share of costs charged to that nonparticipating owner	31892
plus such additional percentage of the share of costs as the chief	31893
shall determine. The total amount receivable hereunder shall in no	31894
event exceed two hundred per cent of the share of costs charged to	31895
that nonparticipating owner. After receipt of that share of costs	31896
by such an applicant, a nonparticipating owner shall receive a	31897
proportionate share of the working interest in the well in	31898
addition to a proportionate share of the royalty interest, if any.	31899

If there is a dispute as to costs of drilling, equipping, or	31900
operating a well, the chief shall determine those costs.	31901

Sec. 1509.28. (A) The chief of the division of ~~mineral~~oil	31902
and gas resources management, upon the chief's own motion or upon	31903
application by the owners of sixty-five per cent of the land area	31904
overlying the pool, shall hold a hearing to consider the need for	31905
the operation as a unit of an entire pool or part thereof. An	31906
application by owners shall be accompanied by such information as	31907
the chief may request.	31908

The chief shall make an order providing for the unit	31909
operation of a pool or part thereof if the chief finds that such	31910
operation is reasonably necessary to increase substantially the	31911
ultimate recovery of oil and gas, and the value of the estimated	31912
additional recovery of oil or gas exceeds the estimated additional	31913
cost incident to conducting ~~such~~the operation. The order shall be	31914
upon terms and conditions that are just and reasonable and shall	31915
prescribe a plan for unit operations that shall include:	31916

(1) A description of the unitized area, termed the unit area;

31917

(2) A statement of the nature of the operations contemplated;

31918

(3) An allocation to the separately owned tracts in the unit	31919
area of all the oil and gas that is produced from the unit area	31920
and is saved, being the production that is not used in the conduct	31921
of operations on the unit area or not unavoidably lost. The	31922
allocation shall be in accord with the agreement, if any, of the	31923
interested parties. If there is no such agreement, the chief shall	31924
determine the value, from the evidence introduced at the hearing,	31925
of each separately owned tract in the unit area, exclusive of	31926
physical equipment, for development of oil and gas by unit	31927
operations, and the production allocated to each tract shall be	31928
the proportion that the value of each tract so determined bears to	31929
the value of all tracts in the unit area.	31930

(4) A provision for the credits and charges to be made in the	31931
adjustment among the owners in the unit area for their respective	31932
investments in wells, tanks, pumps, machinery, materials, and	31933
equipment contributed to the unit operations;	31934

(5) A provision providing how the expenses of unit	31935
operations, including capital investment, shall be determined and	31936
charged to the separately owned tracts and how the expenses shall	31937
be paid;	31938

(6) A provision, if necessary, for carrying or otherwise	31939
financing any person who is unable to meet the person's financial	31940
obligations in connection with the unit, allowing a reasonable	31941
interest charge for such service;	31942

(7) A provision for the supervision and conduct of the unit	31943
operations, in respect to which each person shall have a vote with	31944
a value corresponding to the percentage of the expenses of unit	31945
operations chargeable against the interest of ~~such~~that person;	31946

(8) The time when the unit operations shall commence, and the	31947
manner in which, and the circumstances under which, the unit	31948
operations shall terminate;	31949

(9) Such additional provisions as are found to be appropriate	31950
for carrying on the unit operations, and for the protection or	31951
adjustment of correlative rights.	31952

(B) No order of the chief providing for unit operations shall	31953
become effective unless and until the plan for unit operations	31954
prescribed by the chief has been approved in writing by those	31955
owners who, under the chief's order, will be required to pay at	31956
least sixty-five per cent of the costs of the unit operation, and	31957
also by the royalty or, with respect to unleased acreage, fee	31958
owners of sixty-five per cent of the acreage to be included in the	31959
unit. If the plan for unit operations has not been so approved by	31960
owners and royalty owners at the time the order providing for unit	31961
operations is made, the chief shall upon application and notice	31962
hold such supplemental hearings as may be required to determine if	31963
and when the plan for unit operations has been so approved. If the	31964
owners and royalty owners, or either, owning the required	31965
percentage of interest in the unit area do not approve the plan	31966
for unit operations within a period of six months from the date on	31967
which the order providing for unit operations is made, ~~such~~the	31968
order shall cease to be of force and shall be revoked by the	31969
chief.	31970

An order providing for unit operations may be amended by an	31971
order made by the chief, in the same manner and subject to the	31972
same conditions as an original order providing for unit	31973
operations, provided that:	31974

(1) If such an amendment affects only the rights and	31975
interests of the owners, the approval of the amendment by the	31976
royalty owners shall not be required.	31977

(2) No such order of amendment shall change the percentage	31978
for allocation of oil and gas as established for any separately	31979
owned tract by the original order, except with the consent of all	31980
persons owning interest in ~~such~~the tract.	31981

The chief, by an order, may provide for the unit operation of	31982
a pool or a part thereof that embraces a unit area established by	31983
a previous order of the chief. Such an order, in providing for the	31984
allocation of unit production, shall first treat the unit area	31985
previously established as a single tract, and the portion of the	31986
unit production so allocated thereto shall then be allocated among	31987
the separately owned tracts included in ~~such~~the previously	31988
established unit area in the same proportions as those specified	31989
in the previous order.	31990

Oil and gas allocated to a separately owned tract shall be	31991
deemed, for all purposes, to have been actually produced from ~~such~~	31992
the tract, and all operations, including, but not limited to, the	31993
commencement, drilling, operation of, or production from a well	31994
upon any portion of the unit area shall be deemed for all purposes	31995
the conduct of such operations and production from any lease or	31996
contract for lands any portion of which is included in the unit	31997
area. The operations conducted pursuant to the order of the chief	31998
shall constitute a fulfillment of all the express or implied	31999
obligations of each lease or contract covering lands in the unit	32000
area to the extent that compliance with such obligations cannot be	32001
had because of the order of the chief.	32002

Oil and gas allocated to any tract, and the proceeds from the	32003
sale thereof, shall be the property and income of the several	32004
persons to whom, or to whose credit, the same are allocated or	32005
payable under the order providing for unit operations.	32006

No order of the chief or other contract relating to the sale	32007
or purchase of production from a separately owned tract shall be	32008
terminated by the order providing for unit operations, but shall	32009
remain in force and apply to oil and gas allocated to ~~such~~the	32010
tract until terminated in accordance with the provisions thereof.	32011

Except to the extent that the parties affected so agree, no	32012
order providing for unit operations shall be construed to result	32013
in a transfer of all or any part of the title of any person to the	32014
oil and gas rights in any tract in the unit area. All property,	32015
whether real or personal, that may be acquired for the account of	32016
the owners within the unit area shall be the property of such	32017
owners in the proportion that the expenses of unit operations are	32018
charged.	32019

Sec. 1509.29. Upon application by an owner of a tract for	32020
which a drilling permit may not be issued, and a showing by the	32021
owner that the owner is unable to enter a voluntary pooling	32022
agreement and that the owner would be unable to participate under	32023
a mandatory pooling order, the chief of the division of ~~mineral~~	32024
oil and gas resources management shall issue a permit and order	32025
establishing the tract as an exception tract if the chief finds	32026
that ~~such~~the owner would otherwise be precluded from producing	32027
oil or gas from the owner's tract because of minimum acreage or	32028
distance requirements. The order shall set a percentage of the	32029
maximum daily potential production at which the well may be	32030
produced. The percentage shall be the same as the percentage that	32031
the number of acres in the tract bears to the number of acres in	32032
the minimum acreage requirement that has been established under	32033
section 1509.24 or 1509.25 of the Revised Code, whichever is	32034
applicable, but if the well drilled on ~~such~~the tract is located	32035
nearer to the boundary of the tract than the required minimum	32036
distance, the percentage may not exceed the percentage determined	32037
by dividing the distance from the well to the boundary by the	32038
minimum distance requirement. Within ten days after completion of	32039
the well, the maximum daily potential production of the well shall	32040
be determined by such drill stem, open flow, or other tests as may	32041
be required by the chief. The chief shall require such tests, at	32042
least once every three months, as are necessary to determine the	32043
maximum daily potential production at that time.	32044

Sec. 1509.31. (A) Whenever the entire interest of an oil and	32045
gas lease is assigned or otherwise transferred, the assignor or	32046
transferor shall notify the holders of the royalty interests, and,	32047
if a well or wells exist on the lease, the division of ~~mineral~~oil	32048
and gas resources management, of the name and address of the	32049
assignee or transferee by certified mail, return receipt	32050
requested, not later than thirty days after the date of the	32051
assignment or transfer. When notice of any such assignment or	32052
transfer is required to be provided to the division, it shall be	32053
provided on a form prescribed and provided by the division and	32054
verified by both the assignor or transferor and by the assignee or	32055
transferee and shall be accompanied by a nonrefundable fee of one	32056
hundred dollars for each well. The notice form applicable to	32057
assignments or transfers of a well to the owner of the surface	32058
estate of the tract on which the well is located shall contain a	32059
statement informing the landowner that the well may require	32060
periodic servicing to maintain its productivity; that, upon	32061
assignment or transfer of the well to the landowner, the landowner	32062
becomes responsible for compliance with the requirements of this	32063
chapter and rules adopted under it, including, without limitation,	32064
the proper disposal of brine obtained from the well, the plugging	32065
of the well when it becomes incapable of producing oil or gas, and	32066
the restoration of the well site; and that, upon assignment or	32067
transfer of the well to the landowner, the landowner becomes	32068
responsible for the costs of compliance with the requirements of	32069
this chapter and rules adopted under it and the costs for	32070
operating and servicing the well.	32071

(B) When the entire interest of a well is proposed to be	32072
assigned or otherwise transferred to the landowner for use as an	32073
exempt domestic well, the owner who has been issued a permit under	32074
this chapter for the well shall submit to the chief of the	32075
division of oil and gas resources management an application for	32076
the assignment or transfer that contains all documents that the	32077
chief requires and a nonrefundable fee of one hundred dollars. The	32078
application for such an assignment or transfer shall be prescribed	32079
and provided by the chief. The chief may approve the application	32080
if the application is accompanied by a release of all of the oil	32081
and gas leases that are included in the applicable formation of	32082
the drilling unit, the release is in a form such that the well	32083
ownership merges with the fee simple interest of the surface	32084
tract, and the release is in a form that may be recorded. However,	32085
if the owner of the well does not release the oil and gas leases	32086
associated with the well that is proposed to be assigned or	32087
otherwise transferred or if the fee simple tract that results from	32088
the merger of the well ownership with the fee simple interest of	32089
the surface tract is less than five acres, the proposed exempt	32090
domestic well owner shall post a five thousand dollar bond with	32091
the division ~~of mineral resources management~~ prior to the	32092
assignment or transfer of the well to ensure that the well will be	32093
properly plugged. The chief, for good cause, may modify the	32094
requirements of this section governing the assignment or transfer	32095
of the interests of a well to the landowner. Upon the assignment	32096
or transfer of the well, the owner of an exempt domestic well is	32097
not subject to the severance tax levied under section 5749.02 of	32098
the Revised Code, but is subject to all applicable fees	32099
established in this chapter.	32100

(C) The owner holding a permit under section 1509.05 of the	32101
Revised Code is responsible for all obligations and liabilities	32102
imposed by this chapter and any rules, orders, and terms and	32103
conditions of a permit adopted or issued under it, and no	32104
assignment or transfer by the owner relieves the owner of the	32105
obligations and liabilities until and unless the assignee or	32106
transferee files with the division the information described in	32107
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of	32108
section 1509.06 of the Revised Code; obtains liability insurance	32109
coverage required by section 1509.07 of the Revised Code, except	32110
when none is required by that section; and executes and files a	32111
surety bond, negotiable certificates of deposit or irrevocable	32112
letters of credit, or cash, as described in that section. Instead	32113
of a bond, but only upon acceptance by the chief ~~of the division~~	32114
~~of mineral resources management~~, the assignee or transferee may	32115
file proof of financial responsibility, described in section	32116
1509.07 of the Revised Code. Section 1509.071 of the Revised Code	32117
applies to the surety bond, cash, and negotiable certificates of	32118
deposit and irrevocable letters of credit described in this	32119
section. Unless the chief approves a modification, each assignee	32120
or transferee shall operate in accordance with the plans and	32121
information filed by the permit holder pursuant to section 1509.06	32122
of the Revised Code.	32123

(D) If a mortgaged property that is being foreclosed is	32124
subject to an oil or gas lease, pipeline agreement, or other	32125
instrument related to the production or sale of oil or natural gas	32126
and the lease, agreement, or other instrument was recorded	32127
subsequent to the mortgage, and if the lease, agreement, or other	32128
instrument is not in default, the oil or gas lease, pipeline	32129
agreement, or other instrument, as applicable, has priority over	32130
all other liens, claims, or encumbrances on the property so that	32131
the oil or gas lease, pipeline agreement, or other instrument is	32132
not terminated or extinguished upon the foreclosure sale of the	32133
mortgaged property. If the owner of the mortgaged property was	32134
entitled to oil and gas royalties before the foreclosure sale, the	32135
oil or gas royalties shall be paid to the purchaser of the	32136
foreclosed property.	32137

Sec. 1509.32. Any person adversely affected may file with	32138
the chief of the division of ~~mineral~~oil and gas resources	32139
management a written complaint alleging failure to restore	32140
disturbed land surfaces in violation of section 1509.072 or	32141
1509.22 of the Revised Code or a rule adopted thereunder.	32142

Upon receipt of a complaint, the chief shall cause an	32143
investigation to be made of the lands where the alleged violation	32144
has occurred and send copies of the investigation report to the	32145
person who filed the complaint and to the owner. Upon finding a	32146
violation the chief shall order the owner to eliminate the	32147
violation within a specified time. If the owner fails to eliminate	32148
the violation within the time specified, the chief may request the	32149
prosecuting attorney of the county in which the violation occurs	32150
or the attorney general to bring appropriate action to secure	32151
compliance with ~~such~~those sections. If the chief fails to bring	32152
an appropriate action to secure compliance with ~~such~~those	32153
sections within twenty days after the time specified, the person	32154
filing the complaint may request the prosecuting attorney of the	32155
county in which the violation occurs to bring an appropriate	32156
action to secure compliance with ~~such~~those sections. The division	32157
of ~~mineral~~oil and gas resources management may cooperate with any	32158
state or local agency to provide technical advice or minimum	32159
standards for the restoration of various soils and land surfaces	32160
or to assist in any investigation.	32161

Sec. 1509.33. (A) Whoever violates sections 1509.01 to	32162
1509.31 of the Revised Code, or any rules adopted or orders or	32163
terms or conditions of a permit or registration certificate issued	32164
pursuant to these sections for which no specific penalty is	32165
provided in this section, shall pay a civil penalty of not more	32166
than four thousand dollars for each offense.	32167

(B) Whoever violates section 1509.221 of the Revised Code or	32168
any rules adopted or orders or terms or conditions of a permit	32169
issued thereunder shall pay a civil penalty of not more than two	32170
thousand five hundred dollars for each violation.	32171

(C) Whoever violates division (D) of section 1509.22 or	32172
division (A)(1) of section 1509.222 of the Revised Code shall pay	32173
a civil penalty of not less than two thousand five hundred dollars	32174
nor more than twenty thousand dollars for each violation.	32175

(D) Whoever violates division (A) of section 1509.22 of the	32176
Revised Code shall pay a civil penalty of not less than two	32177
thousand five hundred dollars nor more than ten thousand dollars	32178
for each violation.	32179

(E) Whoever violates division (A) of section 1509.223 of the	32180
Revised Code shall pay a civil penalty of not more than ten	32181
thousand dollars for each violation.	32182

(F) Whoever violates section 1509.072 of the Revised Code or	32183
any rules adopted or orders issued to administer, implement, or	32184
enforce that section shall pay a civil penalty of not more than	32185
five thousand dollars for each violation.	32186

(G) In addition to any other penalties provided in this	32187
chapter, whoever violates division (B) of section 1509.22 or	32188
division (A)(1) of section 1509.222 or knowingly violates division	32189
(A) of section 1509.223 of the Revised Code is liable for any	32190
damage or injury caused by the violation and for the cost of	32191
rectifying the violation and conditions caused by the violation.	32192
If two or more persons knowingly violate one or more of ~~such~~those	32193
divisions in connection with the same event, activity, or	32194
transaction, they are jointly and severally liable under this	32195
division.	32196

(H) The attorney general, upon the request of the chief of	32197
the division of ~~mineral~~oil and gas resources management, shall	32198
commence an action under this section against any person who	32199
violates sections 1509.01 to 1509.31 of the Revised Code, or any	32200
rules adopted or orders or terms or conditions of a permit or	32201
registration certificate issued pursuant to these sections. Any	32202
action under this section is a civil action, governed by the Rules	32203
of Civil Procedure and other rules of practice and procedure	32204
applicable to civil actions. The remedy provided in this division	32205
is cumulative and concurrent with any other remedy provided in	32206
this chapter, and the existence or exercise of one remedy does not	32207
prevent the exercise of any other, except that no person shall be	32208
subject to both a civil penalty under division (A), (B), (C), or	32209
(D) of this section and a criminal penalty under section 1509.99	32210
of the Revised Code for the same offense.	32211

Sec. 1509.34. (A)(1) If an owner fails to pay the fees	32212
imposed by this chapter, or if the chief of the division of	32213
~~mineral~~oil and gas resources management incurs costs under	32214
division (E) of section 1509.071 of the Revised Code to correct	32215
conditions associated with the owner's well that the chief	32216
reasonably has determined are causing imminent health or safety	32217
risks, the division of ~~mineral~~oil and gas resources management	32218
shall have a priority lien against that owner's interest in the	32219
applicable well in front of all other creditors for the amount of	32220
any such unpaid fees and costs incurred. The chief shall file a	32221
statement in the office of the county recorder of the county in	32222
which the applicable well is located of the amount of the unpaid	32223
fees and costs incurred as described in this division. The	32224
statement shall constitute a lien on the owner's interest in the	32225
well as of the date of the filing. The lien shall remain in force	32226
so long as any portion of the lien remains unpaid or until the	32227
chief issues a certificate of release of the lien. If the chief	32228
issues a certificate of release of the lien, the chief shall file	32229
the certificate of release in the office of the applicable county	32230
recorder.	32231

(2) A lien imposed under division (A)(1) of this section	32232
shall be in addition to any lien imposed by the attorney general	32233
for failure to pay the assessment imposed by section 1509.50 of	32234
the Revised Code or the tax levied under division (A)(5) or (6) of	32235
section 5749.02 of the Revised Code, as applicable.	32236

(3) If the attorney general cannot collect from a severer or	32237
an owner for an outstanding balance of amounts due under section	32238
1509.50 of the Revised Code or of unpaid taxes levied under	32239
division (A)(5) or (6) of section 5749.02 of the Revised Code, as	32240
applicable, the tax commissioner may request the chief to impose a	32241
priority lien against the owner's interest in the applicable well.	32242
Such a lien has priority in front of all other creditors.	32243

(B) The chief promptly shall issue a certificate of release	32244
of a lien under either of the following circumstances:	32245

(1) Upon the repayment in full of the amount of unpaid fees	32246
imposed by this chapter or costs incurred by the chief under	32247
division (E) of section 1509.071 of the Revised Code to correct	32248
conditions associated with the owner's well that the chief	32249
reasonably has determined are causing imminent health or safety	32250
risks;	32251

(2) Any other circumstance that the chief determines to be in	32252
the best interests of the state.	32253

(C) The chief may modify the amount of a lien under this	32254
section. If the chief modifies a lien, the chief shall file a	32255
statement in the office of the county recorder of the applicable	32256
county of the new amount of the lien.	32257

(D) An owner regarding which the division has recorded a lien	32258
against the owner's interest in a well in accordance with this	32259
section shall not transfer a well, lease, or mineral rights to	32260
another owner or person until the chief issues a certificate of	32261
release for each lien against the owner's interest in the well.	32262

(E) All money from the collection of liens under this section	32263
shall be deposited in the state treasury to the credit of the oil	32264
and gas well fund created in section 1509.02 of the Revised Code.	32265

Sec. 1509.36. Any person adversely affected by an order by	32266
the chief of the division of ~~mineral~~oil and gas resources	32267
management may appeal to the oil and gas commission for an order	32268
vacating or modifying the order.	32269

The person so appealing to the commission shall be known as	32270
appellant and the chief shall be known as appellee. Appellant and	32271
appellee shall be deemed to be parties to the appeal.	32272

The appeal shall be in writing and shall set forth the order	32273
complained of and the grounds upon which the appeal is based. The	32274
appeal shall be filed with the commission within thirty days after	32275
the date upon which the appellant received notice by certified	32276
mail and, for all other persons adversely affected by the order,	32277
within thirty days after the date of the order complained of.	32278
Notice of the filing of the appeal shall be filed with the chief	32279
within three days after the appeal is filed with the commission.	32280

Upon the filing of the appeal the commission promptly shall	32281
fix the time and place at which the hearing on the appeal will be	32282
held, and shall give the appellant and the chief at least ten	32283
days' written notice thereof by mail. The commission may postpone	32284
or continue any hearing upon its own motion or upon application of	32285
the appellant or of the chief.	32286

The filing of an appeal provided for in this section does not	32287
automatically suspend or stay execution of the order appealed	32288
from, but upon application by the appellant the commission may	32289
suspend or stay the execution pending determination of the appeal	32290
upon such terms as the commission considers proper.	32291

Either party to the appeal or any interested person who,	32292
pursuant to commission rules has been granted permission to	32293
appear, may submit such evidence as the commission considers	32294
admissible.	32295

For the purpose of conducting a hearing on an appeal, the	32296
commission may require the attendance of witnesses and the	32297
production of books, records, and papers, and it may, and at the	32298
request of any party it shall, issue subpoenas for witnesses or	32299
subpoenas duces tecum to compel the production of any books,	32300
records, or papers, directed to the sheriffs of the counties where	32301
the witnesses are found. The subpoenas shall be served and	32302
returned in the same manner as subpoenas in criminal cases are	32303
served and returned. The fees of sheriffs shall be the same as	32304
those allowed by the court of common pleas in criminal cases.	32305
Witnesses shall be paid the fees and mileage provided for under	32306
section 119.094 of the Revised Code. Such fees and mileage	32307
expenses incurred at the request of appellant shall be paid in	32308
advance by the appellant, and the remainder of those expenses	32309
shall be paid out of funds appropriated for the expenses of the	32310
division of ~~mineral~~oil and gas resources management.	32311

In case of disobedience or neglect of any subpoena served on	32312
any person, or the refusal of any witness to testify to any matter	32313
regarding which the witness may be lawfully interrogated, the	32314
court of common pleas of the county in which the disobedience,	32315
neglect, or refusal occurs, or any judge thereof, on application	32316
of the commission or any member thereof, shall compel obedience by	32317
attachment proceedings for contempt as in the case of disobedience	32318
of the requirements of a subpoena issued from that court or a	32319
refusal to testify therein. Witnesses at such hearings shall	32320
testify under oath, and any member of the commission may	32321
administer oaths or affirmations to persons who so testify.	32322

At the request of any party to the appeal, a stenographic or	32323
electronic record of the testimony and other evidence submitted	32324
shall be taken by an official court ~~shorthand~~ reporter at the	32325
expense of the party making the request ~~therefor~~for the record.	32326
The record shall include all of the testimony and other evidence	32327
and the rulings on the admissibility thereof presented at the	32328
hearing. The commission shall pass upon the admissibility of	32329
evidence, but any party may at the time object to the admission of	32330
any evidence and except to the rulings of the commission thereon,	32331
and if the commission refuses to admit evidence the party offering	32332
same may make a proffer thereof, and such proffer shall be made a	32333
part of the record of the hearing.	32334

If upon completion of the hearing the commission finds that	32335
the order appealed from was lawful and reasonable, it shall make a	32336
written order affirming the order appealed from; if the commission	32337
finds that the order was unreasonable or unlawful, it shall make a	32338
written order vacating the order appealed from and making the	32339
order that it finds the chief should have made. Every order made	32340
by the commission shall contain a written finding by the	32341
commission of the facts upon which the order is based.	32342

Notice of the making of the order shall be given forthwith to	32343
each party to the appeal by mailing a certified copy thereof to	32344
each such party by certified mail.	32345

The order of the commission is final unless vacated by the	32346
court of common pleas of Franklin county in an appeal as provided	32347
for in section 1509.37 of the Revised Code. Sections 1509.01 to	32348
1509.37 of the Revised Code, providing for appeals relating to	32349
orders by the chief or by the commission, or relating to rules	32350
adopted by the chief, do not constitute the exclusive procedure	32351
that any person who believes the person's rights to be unlawfully	32352
affected by those sections or any official action taken thereunder	32353
must pursue in order to protect and preserve those rights, nor do	32354
those sections constitute a procedure that that person must pursue	32355
before that person may lawfully appeal to the courts to protect	32356
and preserve those rights.	32357

Sec. 1509.38. There is hereby created in the division of	32358
~~mineral~~oil and gas resources management a technical advisory	32359
council on oil and gas, which shall consist of eight members to be	32360
appointed by the governor with the advice and consent of the	32361
senate. Three members shall be independent oil or gas producers,	32362
operators, or their representatives, operating and producing	32363
primarily in this state, three members shall be oil or gas	32364
producers, operators, or their representatives having substantial	32365
oil and gas producing operations in this state and at least one	32366
other state, one member shall represent the public, and one member	32367
shall represent persons having landowners' royalty interests in	32368
oil and gas production. All members shall be residents of this	32369
state, and all members, except the members representing the public	32370
and persons having landowners' royalty interests, shall have at	32371
least five years of practical or technical experience in oil or	32372
gas drilling and production. Not more than one member may	32373
represent any one company, producer, or operator.	32374

Terms of office shall be for three years, commencing on the	32375
first day of February and ending on the thirty-first day of	32376
January. Each member shall hold office from the date of	32377
appointment until the end of the term for which the member was	32378
appointed. A vacancy in the office of a member shall be filled by	32379
the governor, with the advice and consent of the senate. Any	32380
member appointed to fill a vacancy occurring prior to the	32381
expiration of the term for which the member's predecessor was	32382
appointed shall hold office for the remainder of that term. Any	32383
member shall continue in office subsequent to the expiration date	32384
of the member's term until the member's successor takes office, or	32385
until a period of sixty days has elapsed, whichever occurs first.	32386

The council shall select from among its members a	32387
chairperson, a vice-chairperson, and a secretary. All members are	32388
entitled to their actual and necessary expenses incurred in the	32389
performance of their duties as members, payable from the	32390
appropriations for the division.	32391

The governor may remove any member for inefficiency, neglect	32392
of duty, or malfeasance in office.	32393

The council shall hold at least one regular meeting in each	32394
quarter of a calendar year and shall keep a record of its	32395
proceedings. Special meetings may be called by the chairperson and	32396
shall be called by the chairperson upon receipt of a written	32397
request signed by two or more members of the council. A written	32398
notice of the time and place of each meeting shall be sent to each	32399
member of the council. Five members constitute a quorum, and no	32400
action of the council is valid unless five members concur.	32401

The council, when requested by the chief of the division of	32402
~~mineral~~oil and gas resources management, shall consult with and	32403
advise the chief and perform other duties that may be lawfully	32404
delegated to it by the chief. The council may participate in	32405
hearings held by the chief under this chapter and has powers of	32406
approval as provided in sections 1509.24 and 1509.25 of the	32407
Revised Code. The council shall conduct the activities required,	32408
and exercise the authority granted, under Chapter 1510. of the	32409
Revised Code.	32410

The council, upon receiving a request from the chairperson of	32411
the oil and gas commission under division (C) of section 1509.35	32412
of the Revised Code, immediately shall prepare and provide to the	32413
chairperson a list of its members who may serve as temporary	32414
members of the oil and gas commission as provided in that	32415
division.	32416

Sec. 1509.40. Except as provided in section 1509.29 of the	32417
Revised Code, no authority granted in this chapter shall be	32418
construed as authorizing a limitation on the amount that any well,	32419
leasehold, or field is permitted to produce under proration orders	32420
of the division of ~~mineral~~oil and gas resources management.	32421

Sec. 1509.50. (A) An oil and gas regulatory cost recovery	32422
assessment is hereby imposed by this section on an owner. An owner	32423
shall pay the assessment in the same manner as a severer who is	32424
required to file a return under section 5749.06 of the Revised	32425
Code. However, an owner may designate a severer who shall pay the	32426
owner's assessment on behalf of the owner on the return that the	32427
severer is required to file under that section. If a severer so	32428
pays an owner's assessment, the severer may recoup from the owner	32429
the amount of the assessment. Except for an exempt domestic well,	32430
the assessment imposed shall be in addition to the taxes levied on	32431
the severance of oil and gas under section 5749.02 of the Revised	32432
Code.	32433

(B)(1) Except for an exempt domestic well, the oil and gas	32434
regulatory cost recovery assessment shall be calculated on a	32435
quarterly basis and shall be one of the following:	32436

(a) If the sum of ten cents per barrel of oil for all of the	32437
wells of the owner, one-half of one cent per one thousand cubic	32438
feet of natural gas for all of the wells of the owner, and the	32439
amount of the severance tax levied on each severer for all of the	32440
wells of the owner under divisions (A)(5) and (6) of section	32441
5749.02 of the Revised Code, as applicable, is greater than the	32442
sum of fifteen dollars for each well owned by the owner, the	32443
amount of the assessment is the sum of ten cents per barrel of oil	32444
for all of the wells of the owner and one-half of one cent per one	32445
thousand cubic feet of natural gas for all of the wells of the	32446
owner.	32447

(b) If the sum of ten cents per barrel of oil for all of the	32448
wells of the owner, one-half of one cent per one thousand cubic	32449
feet of natural gas for all of the wells of the owner, and the	32450
amount of the severance tax levied on each severer for all of the	32451
wells of the owner under divisions (A)(5) and (6) of section	32452
5749.02 of the Revised Code, as applicable, is less than the sum	32453
of fifteen dollars for each well owned by the owner, the amount of	32454
the assessment is the sum of fifteen dollars for each well owned	32455
by the owner less the amount of the tax levied on each severer for	32456
all of the wells of the owner under divisions (A)(5) and (6) of	32457
section 5749.02 of the Revised Code, as applicable.	32458

(2) The oil and gas regulatory cost recovery assessment for a	32459
well that becomes an exempt domestic well on and after ~~the~~	32460
~~effective date of this section~~June 30, 2010, shall be sixty	32461
dollars to be paid to the division of ~~mineral~~oil and gas	32462
resources management on the first day of July of each year.	32463

(C) All money collected pursuant to this section shall be	32464
deposited in the state treasury to the credit of the oil and gas	32465
well fund created in section 1509.02 of the Revised Code.	32466

(D) Except for purposes of revenue distribution as specified	32467
in division (B) of section 5749.02 of the Revised Code, the oil	32468
and gas regulatory cost recovery assessment imposed by this	32469
section shall be treated the same and equivalent for all purposes	32470
as the taxes levied on the severance of oil and gas under that	32471
section. However, the assessment imposed by this section is not a	32472
tax under Chapter 5749. of the Revised Code.	32473

Sec. 1510.01. As used in this chapter:

32474

(A) "First purchaser" means:

32475

(1) With regard to crude oil, the person to whom title first	32476
is transferred beyond the gathering tank or tanks, beyond the	32477
facility from which the crude oil was first produced, or both;	32478

(2) With regard to natural gas, the person to whom title	32479
first is transferred beyond the inlet side of the measurement	32480
station from which the natural gas was first produced.	32481

(B) "Independent producer" means a person who complies with	32482
both of the following:	32483

(1) Produces oil or natural gas and is not engaged in	32484
refining either product;	32485

(2) Derives a majority of income from ownership in properties	32486
producing oil or natural gas.	32487

(C) "Qualified independent producer association" means an	32488
association that complies with all of the following:	32489

(1) It is in existence on December 18, 1997.

32490

(2) It is organized and operating within this state.

32491

(3) A majority of the members of its governing body are	32492
independent producers.	32493

(D) "Technical advisory council" or "council" means the	32494
technical advisory council created in the division of ~~mineral~~oil	32495
and gas resources management under section 1509.38 of the Revised	32496
Code.	32497

Sec. 1510.08. (A)(1) Except as provided in division (A)(2)	32498
of this section, an operating committee may levy assessments on	32499
the production of oil and natural gas in this state for the	32500
purposes of a marketing program established under this chapter.	32501

(2) An operating committee shall not levy an assessment that	32502
was not approved by independent producers or that exceeds the	32503
amount authorized under division (B)(1) of section 1510.04 of the	32504
Revised Code. An operating committee shall not levy an assessment	32505
against an independent producer who is not eligible to vote in a	32506
referendum for the marketing program that the operating committee	32507
administers, as determined under division (C) of section 1510.02	32508
of the Revised Code.	32509

(B) The technical advisory council may require a first	32510
purchaser to withhold assessments from any amounts that the first	32511
purchaser owes to independent producers and, notwithstanding	32512
division (A)(2) of this section, to remit them to the chairperson	32513
of the council at the office of the division of ~~mineral~~oil and	32514
gas resources management. A first purchaser who pays an assessment	32515
that is levied pursuant to this section for an independent	32516
producer may deduct the amount of the assessment from any moneys	32517
that the first purchaser owes the independent producer.	32518

(C) A marketing program shall require a refund of assessments	32519
collected under this section after receiving an application for a	32520
refund from an independent producer. An application for a refund	32521
shall be made on a form furnished by the council. The operating	32522
committee shall ensure that refund forms are available where	32523
assessments for its program are withheld.	32524

An independent producer who desires a refund shall submit a	32525
request for a refund not later than the thirty-first day of March	32526
of the year in which the request is submitted. The council shall	32527
refund the assessment to the independent producer not later than	32528
the thirtieth day of June of the year in which the request for the	32529
refund is submitted.	32530

(D) An operating committee shall not use moneys from any	32531
assessments that it levies for any political or legislative	32532
purpose or for preferential treatment of one person to the	32533
detriment of another person who is affected by the marketing	32534
program that the operating committee administers.	32535

Sec. 1515.08. The supervisors of a soil and water	32536
conservation district have the following powers in addition to	32537
their other powers:	32538

(A) To conduct surveys, investigations, and research relating	32539
to the character of soil erosion, floodwater and sediment damages,	32540
and the preventive and control measures and works of improvement	32541
for flood prevention and the conservation, development,	32542
utilization, and disposal of water needed within the district, and	32543
to publish the results of those surveys, investigations, or	32544
research, provided that no district shall initiate any research	32545
program except in cooperation or after consultation with the Ohio	32546
agricultural research and development center;	32547

(B) To develop plans for the conservation of soil resources,	32548
for the control and prevention of soil erosion, and for works of	32549
improvement for flood prevention and the conservation,	32550
development, utilization, and disposal of water within the	32551
district, and to publish those plans and information;	32552

(C) To implement, construct, repair, maintain, and operate	32553
preventive and control measures and other works of improvement for	32554
natural resource conservation and development and flood	32555
prevention, and the conservation, development, utilization, and	32556
disposal of water within the district on lands owned or controlled	32557
by this state or any of its agencies and on any other lands within	32558
the district, which works may include any facilities authorized	32559
under state or federal programs, and to acquire, by purchase or	32560
gift, to hold, encumber, or dispose of, and to lease real and	32561
personal property or interests in such property for those	32562
purposes;	32563

(D) To cooperate or enter into agreements with any occupier	32564
of lands within the district in the carrying on of natural	32565
resource conservation operations and works of improvement for	32566
flood prevention and the conservation, development, utilization,	32567
and management of natural resources within the district, subject	32568
to such conditions as the supervisors consider necessary;	32569

(E) To accept donations, gifts, grants, and contributions in	32570
money, service, materials, or otherwise, and to use or expend them	32571
according to their terms;	32572

(F) To adopt, amend, and rescind rules to carry into effect	32573
the purposes and powers of the district;	32574

(G) To sue and plead in the name of the district, and be sued	32575
and impleaded in the name of the district, with respect to its	32576
contracts and, as indicated in section 1515.081 of the Revised	32577
Code, certain torts of its officers, employees, or agents acting	32578
within the scope of their employment or official responsibilities,	32579
or with respect to the enforcement of its obligations and	32580
covenants made under this chapter;	32581

(H) To make and enter into all contracts, leases, and	32582
agreements and execute all instruments necessary or incidental to	32583
the performance of the duties and the execution of the powers of	32584
the district under this chapter, provided that all of the	32585
following apply:	32586

(1) Except as provided in section 307.86 of the Revised Code	32587
regarding expenditures by boards of county commissioners, when the	32588
cost under any such contract, lease, or agreement, other than	32589
compensation for personal services or rental of office space,	32590
involves an expenditure of more than the amount established in	32591
that section regarding expenditures by boards of county	32592
commissioners, the supervisors shall make a written contract with	32593
the lowest and best bidder after advertisement, for not less than	32594
two nor more than four consecutive weeks preceding the day of the	32595
opening of bids, in a newspaper of general circulation within the	32596
district or as provided in section 7.16 of the Revised Code and in	32597
such other publications as the supervisors determine. The notice	32598
shall state the general character of the work and materials to be	32599
furnished, the place where plans and specifications may be	32600
examined, and the time and place of receiving bids.	32601

(2) Each bid for a contract shall contain the full name of	32602
every person interested in it.	32603

(3) Each bid for a contract for the construction, demolition,	32604
alteration, repair, or reconstruction of an improvement shall meet	32605
the requirements of section 153.54 of the Revised Code.	32606

(4) Each bid for a contract, other than a contract for the	32607
construction, demolition, alteration, repair, or reconstruction of	32608
an improvement, at the discretion of the supervisors, may be	32609
accompanied by a bond or certified check on a solvent bank in an	32610
amount not to exceed five per cent of the bid, conditioned that,	32611
if the bid is accepted, a contract shall be entered into.	32612

(5) The supervisors may reject any and all bids.

32613

(I) To make agreements with the department of natural	32614
resources giving it control over lands of the district for the	32615
purpose of construction of improvements by the department under	32616
section 1501.011 of the Revised Code;	32617

(J) To charge, alter, and collect rentals and other charges	32618
for the use or services of any works of the district;	32619

(K) To enter, either in person or by designated	32620
representatives, upon lands, private or public, in the necessary	32621
discharge of their duties;	32622

(L) To enter into agreements or contracts with the department	32623
for the determination, implementation, inspection, and funding of	32624
agricultural pollution abatement and urban sediment pollution	32625
abatement measures whereby landowners, operators, managers, and	32626
developers may meet adopted state standards for a quality	32627
environment, except that failure of a district board of	32628
supervisors to negotiate an agreement or contract with the	32629
department shall authorize the division of soil and water	32630
resources to implement the required program;	32631

(M) To conduct demonstrations and provide information to the	32632
public regarding practices and methods for natural resource	32633
conservation, development, and utilization;	32634

(N) To enter into contracts or agreements with the chief of	32635
the division of soil and water resources to implement and	32636
administer a program for urban sediment pollution abatement and to	32637
receive and expend moneys provided by the chief for that purpose;	32638

(O) To develop operation and management plans, as defined in	32639
section 1511.01 of the Revised Code, as necessary;	32640

(P) To determine whether operation and management plans	32641
developed under division (A) of section 1511.021 of the Revised	32642
Code comply with the standards established under division (E)(1)	32643
of section 1511.02 of the Revised Code and to approve or	32644
disapprove the plans, based on such compliance. If an operation	32645
and management plan is disapproved, the board shall provide a	32646
written explanation to the person who submitted the plan. The	32647
person may appeal the plan disapproval to the chief, who shall	32648
afford the person a hearing. Following the hearing, the chief	32649
shall uphold the plan disapproval or reverse it. If the chief	32650
reverses the plan disapproval, the plan shall be deemed approved	32651
under this division. In the event that any person operating or	32652
owning agricultural land or a concentrated animal feeding	32653
operation in accordance with an approved operation and management	32654
plan who, in good faith, is following that plan, causes	32655
agricultural pollution, the plan shall be revised in a fashion	32656
necessary to mitigate the agricultural pollution, as determined	32657
and approved by the board of supervisors of the soil and water	32658
conservation district.	32659

(Q) With regard to composting conducted in conjunction with	32660
agricultural operations, to do all of the following:	32661

(1) Upon request or upon their own initiative, inspect	32662
composting at any such operation to determine whether the	32663
composting is being conducted in accordance with section 1511.022	32664
of the Revised Code;	32665

(2) If the board determines that composting is not being so	32666
conducted, request the chief to issue an order under division (G)	32667
of section 1511.02 of the Revised Code requiring the person who is	32668
conducting the composting to prepare a composting plan in	32669
accordance with rules adopted under division (E)(8)(c) of that	32670
section and to operate in accordance with that plan or to operate	32671
in accordance with a previously prepared plan, as applicable;	32672

(3) In accordance with rules adopted under division (E)(8)(c)	32673
of section 1511.02 of the Revised Code, review and approve or	32674
disapprove any such composting plan. If a plan is disapproved, the	32675
board shall provide a written explanation to the person who	32676
submitted the plan.	32677

As used in division (Q) of this section, "composting" has the	32678
same meaning as in section 1511.01 of the Revised Code.	32679

(R) With regard to conservation activities that are conducted	32680
in conjunction with agricultural operations, to assist the county	32681
auditor, upon request, in determining whether a conservation	32682
activity is a conservation practice for purposes of Chapter 929.	32683
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.	32684

As used in this division, "conservation practice" has the	32685
same meaning as in section 5713.30 of the Revised Code.	32686

(S) To do all acts necessary or proper to carry out the	32687
powers granted in this chapter.	32688

The director of natural resources shall make recommendations	32689
to reduce the adverse environmental effects of each project that a	32690
soil and water conservation district plans to undertake under	32691
division (A), (B), (C), or (D) of this section and that will be	32692
funded in whole or in part by moneys authorized under section	32693
1515.16 of the Revised Code and shall disapprove any such project	32694
that the director finds will adversely affect the environment	32695
without equal or greater benefit to the public. The director's	32696
disapproval or recommendations, upon the request of the district	32697
filed in accordance with rules adopted by the Ohio soil and water	32698
conservation commission, shall be reviewed by the commission,	32699
which may confirm the director's decision, modify it, or add	32700
recommendations to or approve a project the director has	32701
disapproved.	32702

Any instrument by which real property is acquired pursuant to	32703
this section shall identify the agency of the state that has the	32704
use and benefit of the real property as specified in section	32705
5301.012 of the Revised Code.	32706

Sec. 1515.14. Within the limits of funds appropriated to the	32707
department of natural resources and the soil and water	32708
conservation district assistance fund created in this section,	32709
there shall be paid in each calendar year to each local soil and	32710
water conservation district an amount not to exceed one dollar for	32711
each one dollar received in accordance with section 1515.10 of the	32712
Revised Code, received from tax levies in excess of the ten-mill	32713
levy limitation approved for the benefit of local soil and water	32714
conservation districts, or received from an appropriation by a	32715
municipal corporation or a township to a maximum of eight thousand	32716
dollars, provided that the Ohio soil and water conservation	32717
commission may approve payment to a district in an amount in	32718
excess of eight thousand dollars in any calendar year upon receipt	32719
of a request and justification from the district. The county	32720
auditor shall credit such payments to the special fund established	32721
pursuant to section 1515.10 of the Revised Code for the local soil	32722
and water conservation district. The department may make advances	32723
at least quarterly to each district on the basis of the estimated	32724
contribution of the state to each district. Moneys received by	32725
each district shall be expended for the purposes of the district.	32726

For the purpose of providing money to soil and water	32727
conservation districts under this section, there is hereby created	32728
in the state treasury the soil and water conservation district	32729
assistance fund consisting of money credited to it under sections	32730
3714.073 and 3734.901 and division (A)~~(5)~~(4) of section 3734.57 of	32731
the Revised Code.	32732

Sec. 1515.24. (A) Following receipt of a certification made	32733
by the supervisors of a soil and water conservation district	32734
pursuant to section 1515.19 of the Revised Code together with	32735
receipt of all plans, specifications, and estimates submitted	32736
under that section and upon completion of a schedule of estimated	32737
assessments in accordance with section 1515.211 of the Revised	32738
Code, the board of county commissioners may adopt a resolution	32739
levying upon the property within the project area an assessment at	32740
a uniform or varied rate based upon the benefit to the area	32741
certified by the supervisors, as necessary to pay the cost of	32742
construction of the improvement not otherwise funded and to repay	32743
advances made for purposes of the improvement from the fund	32744
created by section 1515.15 of the Revised Code. The board of	32745
county commissioners shall direct the person or authority	32746
preparing assessments to give primary consideration, in	32747
determining a parcel's estimated assessments relating to the	32748
disposal of water, to the potential increase in productivity that	32749
the parcel may experience as a result of the improvement and also	32750
to give consideration to the amount of water disposed of, the	32751
location of the property relative to the project, the value of the	32752
project to the watershed, and benefits. The part of the assessment	32753
that is found to benefit state, county, or township roads or	32754
highways or municipal streets shall be assessed against the state,	32755
county, township, or municipal corporation, respectively, payable	32756
from motor vehicle revenues. The part of the assessment that is	32757
found to benefit property owned by any public corporation, any	32758
political subdivision of the state, or the state shall be assessed	32759
against the public corporation, the political subdivision, or the	32760
state and shall be paid out of the general funds or motor vehicle	32761
revenues of the public corporation, the political subdivision of	32762
the state, or the state, except as otherwise provided by law.	32763

(B) The assessment shall be certified to the county auditor	32764
and by the county auditor to the county treasurer. The collection	32765
of the assessment shall conform in all matters to Chapter 323. of	32766
the Revised Code.	32767

(C) Any land owned and managed by the department of natural	32768
resources for wildlife, recreation, nature preserve, or forestry	32769
purposes is exempt from assessments if the director of natural	32770
resources determines that the land derives no benefit from the	32771
improvement. In making such a determination, the director shall	32772
consider the purposes for which the land is owned and managed and	32773
any relevant articles of dedication or existing management plans	32774
for the land. If the director determines that the land derives no	32775
benefit from the improvement, the director shall notify the board	32776
of county commissioners, within thirty days after receiving the	32777
assessment notification required by this section, indicating that	32778
the director has determined that the land is to be exempt and	32779
explaining the specific reason for making this determination. The	32780
board of county commissioners, within thirty days after receiving	32781
the director's exemption notification, may appeal the	32782
determination to the court of common pleas. If the court of common	32783
pleas finds in favor of the board of county commissioners, the	32784
department of natural resources shall pay all court costs and	32785
legal fees.	32786

(D)(1) The board shall give notice by first class mail to	32787
every public and private property owner whose property is subject	32788
to assessment, at the tax mailing or other known address of the	32789
owner. The notice shall contain a statement of the amount to be	32790
assessed against the property of the addressee, a description of	32791
the method used to determine the necessity for and the amount of	32792
the proposed assessment, a description of any easement on the	32793
property that is necessary for purposes of the improvement, and a	32794
statement that the addressee may file an objection in writing at	32795
the office of the board of county commissioners within thirty days	32796
after the mailing of notice. If the residence of any owner cannot	32797
be ascertained, or if any mailed notice is returned undelivered,	32798
the board shall publish the notice to all such owners in a	32799
newspaper of general circulation within the project area, ~~at least~~	32800
once each week for three weeks~~, which~~or as provided in section	32801
7.16 of the Revised Code. The notice shall include the information	32802
contained in the mailed notice, but shall state that the owner may	32803
file an objection in writing at the office of the board of county	32804
commissioners within thirty days after the last publication of the	32805
notice.	32806

(2) Upon receipt of objections as provided in this section,	32807
the board shall proceed within thirty days to hold a final hearing	32808
on the objections by fixing a date and giving notice by first	32809
class mail to the objectors at the address provided in filing the	32810
objection. If any mailed notice is returned undelivered, the board	32811
shall give due notice to the objectors in a newspaper of general	32812
circulation in the project area or as provided in section 7.16 of	32813
the Revised Code, stating the time, place, and purpose of the	32814
hearing. Upon hearing the objectors, the board may adopt a	32815
resolution amending and approving the final schedule of	32816
assessments and shall enter it in the journal.	32817

(3) Any owner whose objection is not allowed may appeal	32818
within thirty days to the court of common pleas of the county in	32819
which the property is located.	32820

(4) The board of county commissioners shall make an order	32821
approving the levying of the assessment and shall proceed under	32822
section 6131.23 of the Revised Code after one of the following has	32823
occurred, as applicable:	32824

(a) Final notice is provided by mail or publication.

32825

(b) The imposition of assessments is upheld in the final	32826
disposition of an appeal that is filed pursuant to division (D)(3)	32827
of this section.	32828

(c) The resolution levying the assessments is approved in a	32829
referendum that is held pursuant to section 305.31 of the Revised	32830
Code.	32831

(5) The county treasurer shall deposit the proceeds of the	32832
assessment in the fund designated by the board and shall report to	32833
the county auditor the amount of money from the assessment that is	32834
collected by the treasurer. Moneys shall be expended from the fund	32835
for purposes of the improvement.	32836

(E) Any moneys collected in excess of the amount needed for	32837
construction of the improvement and the subsequent first year's	32838
maintenance may be maintained in a fund to be used for maintenance	32839
of the improvement. In any year subsequent to a year in which an	32840
assessment for construction of an improvement levied under this	32841
section has been collected, and upon determination by the board of	32842
county commissioners that funds are not otherwise available for	32843
maintenance or repair of the improvement, the board shall levy on	32844
the property within the project area an assessment for maintenance	32845
at a uniform percentage of all construction costs based upon the	32846
assessment schedule used in determining the construction	32847
assessment. The assessment is not subject to the provisions	32848
concerning notice and petition contained in this section. An	32849
assessment for maintenance shall not be levied in any year in	32850
which the unencumbered balance of funds available for maintenance	32851
of the improvement exceeds twenty per cent of the cost of	32852
construction of the improvement, except that the board may adjust	32853
the level of assessment within the twenty per cent limitation, or	32854
suspend temporarily the levying of an assessment, for maintenance	32855
purposes as maintenance funds are needed.	32856

For the purpose of levying an assessment for maintenance of	32857
an improvement, a board may use the procedures established in	32858
Chapter 6137. of the Revised Code regarding maintenance of	32859
improvements as defined in section 6131.01 of the Revised Code in	32860
lieu of using the procedures established under this section.	32861

(F) The board of county commissioners may issue bonds and	32862
notes as authorized by section 131.23 or 133.17 of the Revised	32863
Code.	32864

Sec. 1517.02. There is hereby created in the department of	32865
natural resources the division of natural areas and preserves,	32866
which shall be administered by the chief of the division of	32867
natural areas and preserves. The chief shall take an oath of	32868
office and shall file in the office of the secretary of state a	32869
bond signed by the chief and by a surety approved by the governor	32870
for a sum fixed pursuant to section 121.11 of the Revised Code.	32871

The chief shall administer a system of nature preserves. The	32872
chief shall establish a system of nature preserves through	32873
acquisition and dedication of natural areas of state or national	32874
significance, which shall include, but not be limited to, areas	32875
that represent characteristic examples of Ohio's natural landscape	32876
types and its natural vegetation and geological history. The chief	32877
shall encourage landowners to dedicate areas of unusual	32878
significance as nature preserves, and shall establish and maintain	32879
a registry of natural areas of unusual significance.	32880

The chief may participate in watershed planning activities	32881
with other states or federal agencies.	32882

The chief shall do the following:

32883

(A) Formulate policies and plans for the acquisition, use,	32884
management, and protection of nature preserves;	32885

(B) Formulate policies for the selection of areas suitable	32886
for registration;	32887

(C) Formulate policies for the dedication of areas as nature	32888
preserves;	32889

(D) Prepare and maintain surveys and inventories of natural	32890
areas, rare and endangered species of plants and animals, and	32891
other unique natural features. The information shall be ~~stored~~	32892
entered in the Ohio natural heritage database, established	32893
~~pursuant to this division, and may be made available to any~~	32894
~~individual or private or public agency for research, educational,~~	32895
~~environmental, land management, or other similar purposes that are~~	32896
~~not detrimental to the conservation of a species or feature.~~	32897
~~Information regarding sensitive site locations of species that are~~	32898
~~listed pursuant to section 1518.01 of the Revised Code and of~~	32899
~~unique natural features that are included in the Ohio natural~~	32900
~~heritage database is not subject to section 149.43 of the Revised~~	32901
~~Code if the chief determines that the release of the information~~	32902
~~could be detrimental to the conservation of a species or unique~~	32903
~~natural feature~~under section 1531.04 of the Revised Code.	32904

(E) Adopt rules for the use, visitation, and protection of	32905
nature preserves and natural areas owned or managed through	32906
easement, license, or lease by the department and administered by	32907
the division in accordance with Chapter 119. of the Revised Code;	32908

(F) Provide facilities and improvements within the state	32909
system of nature preserves that are necessary for their	32910
visitation, use, restoration, and protection and do not impair	32911
their natural character;	32912

(G) Provide interpretive programs and publish and disseminate	32913
information pertaining to nature preserves and natural areas for	32914
their visitation and use;	32915

(H) Conduct and grant permits to qualified persons for the	32916
conduct of scientific research and investigations within nature	32917
preserves;	32918

(I) Establish an appropriate system for marking nature	32919
preserves;	32920

(J) Publish and submit to the governor and the general	32921
assembly a biennial report of the status and condition of each	32922
nature preserve, activities conducted within each preserve, and	32923
plans and recommendations for natural area preservation.	32924

Sec. 1517.03. (A) There is hereby created the Ohio natural	32925
areas council to advise the ~~chief of the division~~director of	32926
natural ~~areas and preserves~~resources or the director's designee	32927
on the administration of nature preserves and the preservation of	32928
natural areas.	32929

(B) The council shall ~~have no fewer than five members as~~	32930
~~determined by the director of natural resources. The members shall~~	32931
~~be appointed by the director.~~	32932

~~Not later than thirty days after the effective date of this~~	32933
~~section, the director shall make initial appointments to the~~	32934
~~council. The director shall establish the terms of office of the~~	32935
~~members of the council~~be composed of the following members	32936
appointed by the governor with the advice and consent of the	32937
senate:	32938

(1) One member representing natural history museums;

32939

(2) One member representing metropolitan park districts;

32940

(3) One member representing colleges and universities;

32941

(4) One member representing outdoor education programs in	32942
primary and secondary education;	32943

(5) One member representing nature centers;

32944

(6) Two members representing the public.

32945

Each appointed member shall be active or interested in	32946
natural area preservation. Not more than four of the appointed	32947
members shall belong to the same political party.	32948

The director or the director's designee shall be a nonvoting	32949
ex officio member of the council.	32950

(C) Not later than thirty days after the effective date of	32951
this amendment, the governor shall make appointments to the	32952
council. Of the initial appointments, two shall be for terms	32953
ending on the first Monday in February 2012, two shall be for	32954
terms ending on the first Monday in February 2013, two shall be	32955
for terms ending on the first Monday in February 2014, and one	32956
shall be for a term ending on the first Monday in February 2015.	32957
Thereafter, terms of office shall be for four years, with each	32958
term ending on the same day of the same month as did the term that	32959
it succeeds. A member shall hold office from the date of	32960
appointment until the end of the term for which the member was	32961
appointed. Members may be reappointed. Vacancies shall be filled	32962
in the manner provided for original appointments. A member	32963
appointed to fill a vacancy occurring prior to the expiration date	32964
of the term for which the member's predecessor was appointed shall	32965
hold office for the remainder of that term. A member shall	32966
continue in office subsequent to the expiration date of the	32967
member's term until the member's successor takes office or until a	32968
period of sixty days has elapsed, whichever occurs first.	32969

(D) The council annually shall select from among its members	32970
a chairperson and a secretary. ~~Members~~The department of natural	32971
resources shall furnish clerical, technical, legal, and other	32972
services required by the council in the performance of its duties.	32973

Members of the council shall receive no compensation and	32974
shall not be reimbursed for expenses incurred as members of the	32975
council.	32976

(E) The council shall hold at least one regular meeting in	32977
~~each calendar year~~every three months. Special meetings may be	32978
called by the chairperson and shall be called by the chairperson	32979
upon written request by two or more members of the council. A	32980
written notice of the time and place of each meeting shall be sent	32981
to each member and to the director. A majority of the members of	32982
the council constitutes a quorum. The council shall keep a record	32983
of its proceedings at each meeting and shall send a copy of the	32984
record to the director. The record shall be open to the public for	32985
inspection.	32986

Sec. 1531.04. The division of wildlife, at the direction of	32987
the chief of the division, shall do all of the following:	32988

(A) Plan, develop, and institute programs and policies based	32989
on the best available information, including biological	32990
information derived from professionally accepted practices in	32991
wildlife and fisheries management, with the approval of the	32992
director of natural resources;	32993

(B) Have and take the general care, protection, and	32994
supervision of the wildlife in the state parks known as Lake St.	32995
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake,	32996
Guilford Lake, such part of Pymatuning reservoir as lies in this	32997
state, and all other state parks and lands owned by the state or	32998
in which it is interested or may acquire or become interested,	32999
except lands and lakes the care and supervision of which are	33000
vested in some other officer, body, board, association, or	33001
organization;	33002

(C) Enforce by proper legal action or proceeding the laws of	33003
the state and division rules for the protection, preservation,	33004
propagation, and management of wild animals and sanctuaries and	33005
refuges for the propagation of those wild animals, and adopt and	33006
carry into effect such measures as it considers necessary in the	33007
performance of its duties;	33008

(D) Promote, educate, and inform the citizens of the state	33009
about conservation and the values of fishing, hunting, and	33010
trapping, with the approval of the director;	33011

(E) Prepare and maintain surveys and inventories of rare and	33012
endangered species of plants and animals and other unique natural	33013
features. The information shall be stored in the Ohio natural	33014
heritage database, established pursuant to this division, and may	33015
be made available to any individual or private or public agency	33016
for research, educational, environmental, land management, or	33017
other similar purposes that are not detrimental to the	33018
conservation of a species or feature. Information regarding	33019
sensitive site locations of species that are listed pursuant to	33020
section 1518.01 of the Revised Code and of unique natural features	33021
that are included in the Ohio natural heritage database is not	33022
subject to section 149.43 of the Revised Code if the chief	33023
determines that the release of the information could be	33024
detrimental to the conservation of a species or unique natural	33025
feature.	33026

Sec. 1533.10. Except as provided in this section or division	33027
(A)(2) of section 1533.12 of the Revised Code, no person shall	33028
hunt any wild bird or wild quadruped without a hunting license.	33029
Each day that any person hunts within the state without procuring	33030
such a license constitutes a separate offense. Except as otherwise	33031
provided in this section, every applicant for a hunting license	33032
who is a resident of the state and eighteen years of age or more	33033
shall procure a resident hunting license or an apprentice resident	33034
hunting license, the fee for which shall be eighteen dollars	33035
unless the rules adopted under division (B) of section 1533.12 of	33036
the Revised Code provide for issuance of a resident hunting	33037
license to the applicant free of charge. Except as provided in	33038
rules adopted under division (B)(2) of that section, each	33039
applicant who is a resident of this state and who at the time of	33040
application is sixty-six years of age or older shall procure a	33041
special senior hunting license, the fee for which shall be	33042
one-half of the regular hunting license fee. Every applicant who	33043
is under the age of eighteen years shall procure a special youth	33044
hunting license or an apprentice youth hunting license, the fee	33045
for which shall be one-half of the regular hunting license fee.	33046
~~The owner of~~	33047

A resident of this state who owns lands in the state and the	33048
owner's children of any age and grandchildren under eighteen years	33049
of age may hunt on the lands without a hunting license. If the	33050
owner of land in this state is a limited liability company or a	33051
limited liability partnership that consists of three or fewer	33052
individual members or partners, as applicable, an individual	33053
member or partner who is a resident of this state and the member's	33054
or partner's children of any age and grandchildren under eighteen	33055
years of age may hunt on the land owned by the limited liability	33056
company or limited liability partnership without a hunting	33057
license. In addition, if the owner of land in this state is a	33058
trust that has a total of three or fewer trustees and	33059
beneficiaries, an individual who is a trustee or beneficiary and	33060
who is a resident of this state and the individual's children of	33061
any age and grandchildren under eighteen years of age may hunt on	33062
the land owned by the trust without a hunting license. The tenant	33063
and children of the tenant, residing on lands in the state, may	33064
hunt on them without a hunting license. ~~Except~~	33065

Except as otherwise provided in division (A)(1) of section	33066
1533.12 of the Revised Code, every applicant for a hunting license	33067
who is a nonresident of the state and who is eighteen years of age	33068
or older shall procure a nonresident hunting license or an	33069
apprentice nonresident hunting license, the fee for which shall be	33070
one hundred twenty-four dollars unless the applicant is a resident	33071
of a state that is a party to an agreement under section 1533.91	33072
of the Revised Code, in which case the fee shall be eighteen	33073
dollars. Apprentice resident hunting licenses, apprentice youth	33074
hunting licenses, and apprentice nonresident hunting licenses are	33075
subject to the requirements established under section 1533.102 of	33076
the Revised Code and rules adopted pursuant to it.	33077

The chief of the division of wildlife may issue a small game	33078
hunting license expiring three days from the effective date of the	33079
license to a nonresident of the state, the fee for which shall be	33080
thirty-nine dollars. No person shall take or possess deer, wild	33081
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	33082
animal while possessing only a small game hunting license. A small	33083
game hunting license or an apprentice nonresident hunting license	33084
does not authorize the taking or possessing of ducks, geese, or	33085
brant without having obtained, in addition to the small game	33086
hunting license or the apprentice nonresident hunting license, a	33087
wetlands habitat stamp as provided in section 1533.112 of the	33088
Revised Code. A small game hunting license or an apprentice	33089
nonresident hunting license does not authorize the taking or	33090
possessing of deer, wild turkeys, or fur-bearing animals. A	33091
nonresident of the state who wishes to take or possess deer, wild	33092
turkeys, or fur-bearing animals in this state shall procure,	33093
respectively, a deer or wild turkey permit as provided in section	33094
1533.11 of the Revised Code or a fur taker permit as provided in	33095
section 1533.111 of the Revised Code in addition to a nonresident	33096
hunting license, an apprentice nonresident hunting license, a	33097
special youth hunting license, or an apprentice youth hunting	33098
license, as applicable, as provided in this section.	33099

No person shall procure or attempt to procure a hunting	33100
license by fraud, deceit, misrepresentation, or any false	33101
statement.	33102

This section does not authorize the taking and possessing of	33103
deer or wild turkeys without first having obtained, in addition to	33104
the hunting license required by this section, a deer or wild	33105
turkey permit as provided in section 1533.11 of the Revised Code	33106
or the taking and possessing of ducks, geese, or brant without	33107
first having obtained, in addition to the hunting license required	33108
by this section, a wetlands habitat stamp as provided in section	33109
1533.112 of the Revised Code.	33110

This section does not authorize the hunting or trapping of	33111
fur-bearing animals without first having obtained, in addition to	33112
a hunting license required by this section, a fur taker permit as	33113
provided in section 1533.111 of the Revised Code.	33114

No hunting license shall be issued unless it is accompanied	33115
by a written explanation of the law in section 1533.17 of the	33116
Revised Code and the penalty for its violation, including a	33117
description of terms of imprisonment and fines that may be	33118
imposed.	33119

No hunting license, other than an apprentice hunting license,	33120
shall be issued unless the applicant presents to the agent	33121
authorized to issue the license a previously held hunting license	33122
or evidence of having held such a license in content and manner	33123
approved by the chief, a certificate of completion issued upon	33124
completion of a hunter education and conservation course approved	33125
by the chief, or evidence of equivalent training in content and	33126
manner approved by the chief. A previously held apprentice hunting	33127
license does not satisfy the requirement concerning the	33128
presentation of a previously held hunting license or evidence of	33129
it.	33130

No person shall issue a hunting license, except an apprentice	33131
hunting license, to any person who fails to present the evidence	33132
required by this section. No person shall purchase or obtain a	33133
hunting license, other than an apprentice hunting license, without	33134
presenting to the issuing agent the evidence required by this	33135
section. Issuance of a hunting license in violation of the	33136
requirements of this section is an offense by both the purchaser	33137
of the illegally obtained hunting license and the clerk or agent	33138
who issued the hunting license. Any hunting license issued in	33139
violation of this section is void.	33140

The chief, with approval of the wildlife council, shall adopt	33141
rules prescribing a hunter education and conservation course for	33142
first-time hunting license buyers, other than buyers of apprentice	33143
hunting licenses, and for volunteer instructors. The course shall	33144
consist of subjects including, but not limited to, hunter safety	33145
and health, use of hunting implements, hunting tradition and	33146
ethics, the hunter and conservation, the law in section 1533.17 of	33147
the Revised Code along with the penalty for its violation,	33148
including a description of terms of imprisonment and fines that	33149
may be imposed, and other law relating to hunting. Authorized	33150
personnel of the division or volunteer instructors approved by the	33151
chief shall conduct such courses with such frequency and at such	33152
locations throughout the state as to reasonably meet the needs of	33153
license applicants. The chief shall issue a certificate of	33154
completion to each person who successfully completes the course	33155
and passes an examination prescribed by the chief.	33156

Sec. 1533.11. (A) Except as provided in this section, no	33157
person shall hunt deer on lands of another without first obtaining	33158
an annual deer permit. Except as provided in this section, no	33159
person shall hunt wild turkeys on lands of another without first	33160
obtaining an annual wild turkey permit. Each applicant for a deer	33161
or wild turkey permit shall pay an annual fee of twenty-three	33162
dollars for each permit unless the rules adopted under division	33163
(B) of section 1533.12 of the Revised Code provide for issuance of	33164
a deer or wild turkey permit to the applicant free of charge.	33165
Except as provided in rules adopted under division (B)(2) of that	33166
section, each applicant who is a resident of this state and who at	33167
the time of application is sixty-six years of age or older shall	33168
procure a senior deer or wild turkey permit, the fee for which	33169
shall be one-half of the regular deer or wild turkey permit fee.	33170
Each applicant who is under the age of eighteen years shall	33171
procure a youth deer or wild turkey permit, the fee for which	33172
shall be one-half of the regular deer or wild turkey permit fee.	33173
Except as provided in division (A)(2) of section 1533.12 of the	33174
Revised Code, a deer or wild turkey permit shall run concurrently	33175
with the hunting license. The money received shall be paid into	33176
the state treasury to the credit of the wildlife fund, created in	33177
section 1531.17 of the Revised Code, exclusively for the use of	33178
the division of wildlife in the acquisition and development of	33179
land for deer or wild turkey management, for investigating deer or	33180
wild turkey problems, and for the stocking, management, and	33181
protection of deer or wild turkey. Every person, while hunting	33182
deer or wild turkey on lands of another, shall carry the person's	33183
deer or wild turkey permit and exhibit it to any enforcement	33184
officer so requesting. Failure to so carry and exhibit such a	33185
permit constitutes an offense under this section. The chief of the	33186
division of wildlife shall adopt any additional rules the chief	33187
considers necessary to carry out this section and section 1533.10	33188
of the Revised Code.	33189

~~The~~An owner who is a resident of this state and the children	33190
of the owner of lands in this state may hunt deer or wild turkey	33191
thereon without a deer or wild turkey permit. If the owner of land	33192
in this state is a limited liability company or a limited	33193
liability partnership that consists of three or fewer individual	33194
members or partners, as applicable, an individual member or	33195
partner who is a resident of this state and the member's or	33196
partner's children of any age may hunt deer or wild turkey on the	33197
land owned by the limited liability company or limited liability	33198
partnership without a deer or wild turkey permit. In addition, if	33199
the owner of land in this state is a trust that has a total of	33200
three or fewer trustees and beneficiaries, an individual who is a	33201
trustee or beneficiary and who is a resident of this state and the	33202
individual's children of any age may hunt deer or wild turkey on	33203
the land owned by the trust without a deer or wild turkey permit.	33204
The tenant and children of the tenant may hunt deer or wild turkey	33205
on lands where they reside without a deer or wild turkey permit.	33206

(B) A deer or wild turkey permit is not transferable. No	33207
person shall carry a deer or wild turkey permit issued in the name	33208
of another person.	33209

(C) The wildlife refunds fund is hereby created in the state	33210
treasury. The fund shall consist of money received from	33211
application fees for deer permits that are not issued. Money in	33212
the fund shall be used to make refunds of such application fees.	33213

(D) If the division establishes a system for the electronic	33214
submission of information regarding deer or wild turkey that are	33215
taken, the division shall allow the owner and the children of the	33216
owner of lands in this state to use the owner's name or address	33217
for purposes of submitting that information electronically via	33218
that system.	33219

Sec. 1533.111. Except as provided in this section or	33220
division (A)(2) of section 1533.12 of the Revised Code, no person	33221
shall hunt or trap fur-bearing animals on land of another without	33222
first obtaining some type of an annual fur taker permit. Each	33223
applicant for a fur taker permit or an apprentice fur taker permit	33224
shall pay an annual fee of fourteen dollars for the permit, except	33225
as otherwise provided in this section or unless the rules adopted	33226
under division (B) of section 1533.12 of the Revised Code provide	33227
for issuance of a fur taker permit to the applicant free of	33228
charge. Except as provided in rules adopted under division (B)(2)	33229
of that section, each applicant who is a resident of this state	33230
and who at the time of application is sixty-six years of age or	33231
older shall procure a special senior fur taker permit, the fee for	33232
which shall be one-half of the regular fur taker permit fee. Each	33233
applicant under the age of eighteen years shall procure a special	33234
youth fur taker permit or an apprentice youth fur taker permit,	33235
the fee for which shall be one-half of the regular fur taker	33236
permit fee. Each type of fur taker permit shall run concurrently	33237
with the hunting license. The money received shall be paid into	33238
the state treasury to the credit of the fund established in	33239
section 1533.15 of the Revised Code. Apprentice fur taker permits	33240
and apprentice youth fur taker permits are subject to the	33241
requirements established under section 1533.102 of the Revised	33242
Code and rules adopted pursuant to it.	33243

No fur taker permit shall be issued unless it is accompanied	33244
by a written explanation of the law in section 1533.17 of the	33245
Revised Code and the penalty for its violation, including a	33246
description of terms of imprisonment and fines that may be	33247
imposed.	33248

No fur taker permit, other than an apprentice fur taker	33249
permit or an apprentice youth fur taker permit, shall be issued	33250
unless the applicant presents to the agent authorized to issue a	33251
fur taker permit a previously held hunting license or trapping or	33252
fur taker permit or evidence of having held such a license or	33253
permit in content and manner approved by the chief of the division	33254
of wildlife, a certificate of completion issued upon completion of	33255
a trapper education course approved by the chief, or evidence of	33256
equivalent training in content and manner approved by the chief. A	33257
previously held apprentice hunting license, apprentice fur taker	33258
permit, or apprentice youth fur taker permit does not satisfy the	33259
requirement concerning the presentation of a previously held	33260
hunting license or fur taker permit or evidence of such a license	33261
or permit.	33262

No person shall issue a fur taker permit, other than an	33263
apprentice fur taker permit or an apprentice youth fur taker	33264
permit, to any person who fails to present the evidence required	33265
by this section. No person shall purchase or obtain a fur taker	33266
permit, other than an apprentice fur taker permit or an apprentice	33267
youth fur taker permit, without presenting to the issuing agent	33268
the evidence required by this section. Issuance of a fur taker	33269
permit in violation of the requirements of this section is an	33270
offense by both the purchaser of the illegally obtained permit and	33271
the clerk or agent who issued the permit. Any fur taker permit	33272
issued in violation of this section is void.	33273

The chief, with approval of the wildlife council, shall adopt	33274
rules prescribing a trapper education course for first-time fur	33275
taker permit buyers, other than buyers of apprentice fur taker	33276
permits or apprentice youth fur taker permits, and for volunteer	33277
instructors. The course shall consist of subjects that include,	33278
but are not limited to, trapping techniques, animal habits and	33279
identification, trapping tradition and ethics, the trapper and	33280
conservation, the law in section 1533.17 of the Revised Code along	33281
with the penalty for its violation, including a description of	33282
terms of imprisonment and fines that may be imposed, and other law	33283
relating to trapping. Authorized personnel of the division of	33284
wildlife or volunteer instructors approved by the chief shall	33285
conduct the courses with such frequency and at such locations	33286
throughout the state as to reasonably meet the needs of permit	33287
applicants. The chief shall issue a certificate of completion to	33288
each person who successfully completes the course and passes an	33289
examination prescribed by the chief.	33290

Every person, while hunting or trapping fur-bearing animals	33291
on lands of another, shall carry the person's fur taker permit	33292
with the person's signature written on the permit. Failure to	33293
carry such a signed permit constitutes an offense under this	33294
section. The chief shall adopt any additional rules the chief	33295
considers necessary to carry out this section.	33296

~~The~~An owner who is a resident of this state and the children	33297
of the owner of lands in this state may hunt or trap fur-bearing	33298
animals thereon without a fur taker permit. If the owner of land	33299
in this state is a limited liability company or a limited	33300
liability partnership that consists of three or fewer individual	33301
members or partners, as applicable, an individual member or	33302
partner who is a resident of this state and the member's or	33303
partner's children of any age may hunt or trap fur-bearing animals	33304
on the land owned by the limited liability company or limited	33305
liability partnership without a fur taker permit. In addition, if	33306
the owner of land in this state is a trust that has a total of	33307
three or fewer trustees and beneficiaries, an individual who is a	33308
trustee or beneficiary and who is a resident of this state and the	33309
individual's children of any age may hunt or trap fur-bearing	33310
animals on the land owned by the trust without a fur taker permit.	33311
The tenant and children of the tenant may hunt or trap fur-bearing	33312
animals on lands where they reside without a fur taker permit.	33313

A fur taker permit is not transferable. No person shall carry	33314
a fur taker permit issued in the name of another person.	33315

A fur taker permit entitles a nonresident to take from this	33316
state fur-bearing animals taken and possessed by the nonresident	33317
as provided by law or division rule.	33318

Sec. 1533.32. Except as provided in this section or division	33319
(A)(2) or (C) of section 1533.12 of the Revised Code, no person,	33320
including nonresidents, shall take or catch any fish by angling in	33321
any of the waters in the state or engage in fishing in those	33322
waters without a license. No person shall take or catch frogs or	33323
turtles without a valid fishing license, except as provided in	33324
this section. Persons fishing in privately owned ponds, lakes, or	33325
reservoirs to or from which fish are not accustomed to migrate are	33326
exempt from the license requirements set forth in this section.	33327
Persons fishing in privately owned ponds, lakes, or reservoirs	33328
that are open to public fishing through an agreement or lease with	33329
the division of wildlife shall comply with the license	33330
requirements set forth in this section.	33331

The fee for an annual license shall be thirty-nine dollars	33332
for a resident of a state that is not a party to an agreement	33333
under section 1533.91 of the Revised Code. The fee for an annual	33334
license shall be eighteen dollars for a resident of a state that	33335
is a party to such an agreement. The fee for an annual license for	33336
residents of this state shall be eighteen dollars unless the rules	33337
adopted under division (B) of section 1533.12 of the Revised Code	33338
provide for issuance of a resident fishing license to the	33339
applicant free of charge. Except as provided in rules adopted	33340
under division (B)(2) of that section, each applicant who is a	33341
resident of this state and who at the time of application is	33342
sixty-six years of age or older shall procure a special senior	33343
fishing license, the fee for which shall be one-half of the annual	33344
resident fishing license fee.	33345

Any person under the age of sixteen years may take or catch	33346
frogs and turtles and take or catch fish by angling without a	33347
license.	33348

The chief of the division of wildlife may issue a tourist's	33349
license expiring three days from the effective date of the license	33350
to a resident of a state that is not a party to an agreement under	33351
section 1533.91 of the Revised Code. The fee for a tourist's	33352
license shall be eighteen dollars.	33353

The chief shall adopt rules under section 1531.10 of the	33354
Revised Code providing for the issuance of a one-day fishing	33355
license to a resident of this state or of any other state. The fee	33356
for such a license shall be fifty-five per cent of the amount	33357
established under this section for a tourist's license, rounded up	33358
to the nearest whole dollar. A one-day fishing license shall allow	33359
the holder to take or catch fish by angling in the waters in the	33360
state, engage in fishing in those waters, or take or catch frogs	33361
or turtles in those waters for one day without obtaining an annual	33362
license or a tourist's license under this section. At the request	33363
of a holder of a one-day fishing license who wishes to obtain an	33364
annual license, a clerk or agent authorized to issue licenses	33365
under section 1533.13 of the Revised Code, not later than the last	33366
day on which the one-day license would be valid if it were an	33367
annual license, shall credit the amount of the fee paid for the	33368
one-day license toward the fee charged for the annual license if	33369
so authorized by the chief. The clerk or agent shall issue the	33370
annual license upon presentation of the one-day license and	33371
payment of a fee in an amount equal to the difference between the	33372
fee for the annual license and the fee for the one-day license.	33373

Unless otherwise provided by division rule, each annual	33374
license shall begin on the first day of March of the current year	33375
and expire on the last day of February of the following year.	33376

No person shall alter a fishing license or possess a fishing	33377
license that has been altered.	33378

No person shall procure or attempt to procure a fishing	33379
license by fraud, deceit, misrepresentation, or any false	33380
statement.	33381

~~Owners of~~A resident of this state who owns land over,	33382
through, upon, or along which any water flows or stands, except	33383
where the land is in or borders on state parks or state-owned	33384
lakes, together with the members of the immediate families of such	33385
owners, may take frogs and turtles and may take or catch fish of	33386
the kind permitted to be taken or caught therefrom without	33387
procuring a license provided for in this section. This exemption	33388
extends to tenants actually residing upon such lands and to the	33389
members of the immediate families of the tenants. If the owner of	33390
such land in this state is a limited liability company or a	33391
limited liability partnership that consists of three or fewer	33392
individual members or partners, as applicable, an individual	33393
member or partner who is a resident of this state and the member's	33394
or partner's children of any age may take frogs and turtles and	33395
may take or catch fish of the kind permitted to be taken or caught	33396
therefrom without procuring a license provided for in this	33397
section. In addition, if the owner of such land in this state is a	33398
trust that has a total of three or fewer trustees and	33399
beneficiaries, an individual who is a trustee or beneficiary and	33400
who is a resident of this state and the individual's children of	33401
any age may take frogs and turtles and may take or catch fish of	33402
the kind permitted to be taken or caught therefrom without	33403
procuring a license provided for in this section. Residents of	33404
state or county institutions, charitable institutions, and	33405
military homes in this state may take frogs and turtles without	33406
procuring the required license, provided that a member of the	33407
institution or home has an identification card, which shall be	33408
carried on that person when fishing.	33409

Every fisher required to be licensed, while fishing or taking	33410
or attempting to take frogs or turtles, shall carry the license	33411
and exhibit it to any person. Failure to so carry and exhibit the	33412
license constitutes an offense under this section.	33413

Sec. 1533.731. (A) No wild animal hunting preserve shall be	33414
less than eighty acres in area. Each such preserve shall be in one	33415
continuous block of land, except that the block of land may be	33416
intersected by highways or roads. No wild animal hunting preserve	33417
shall be located within ~~three~~one thousand five hundred feet of	33418
another such preserve or of a commercial bird shooting preserve	33419
licensed under section 1533.72 of the Revised Code.	33420

The boundaries of each wild animal hunting preserve shall be	33421
clearly defined by posting, at intervals of not more than ~~two~~four	33422
hundred feet, with signs prescribed by the division of wildlife.	33423
Each wild animal hunting preserve shall be surrounded by a fence	33424
at least six feet in height that is constructed of a woven wire	33425
mesh, or such other enclosure approved by the chief of the	33426
division of wildlife.	33427

(B)(1) Except as provided in divisions (B)(2) and (3) of this	33428
section, game and nonnative wildlife that have been approved by	33429
the chief for such use, that have been legally acquired or	33430
propagated under the authority of a propagating license issued	33431
under section 1533.71 of the Revised Code, and that are marked and	33432
tagged as provided in division (C) of this section may be released	33433
and hunted within the confines of the licensed wild animal hunting	33434
preserve between sunrise and sunset, without regard to sex, bag	33435
limit, or open season, by licensed hunters authorized by the	33436
holder of the wild animal hunting preserve license to hunt on	33437
those lands. The chief shall establish, by rule, the allowable	33438
methods of taking game and nonnative wildlife in a wild animal	33439
hunting preserve.	33440

(2) No game or nonnative wildlife on the federal endangered	33441
species list established in accordance with the "Endangered	33442
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended,	33443
or the state endangered species list established in rules adopted	33444
under section 1531.25 of the Revised Code, no bears native to	33445
North America, and no large carnivores of the family Felidae shall	33446
be released for hunting or hunted in any wild animal hunting	33447
preserve in this state.	33448

(3) No person shall release for hunting or hunt within a wild	33449
animal hunting preserve any game or nonnative wildlife not listed	33450
in the application for a license for that preserve.	33451

(C) All game and nonnative wildlife released on a wild animal	33452
hunting preserve shall be identified with a tag that shall bear	33453
upon it a symbol identifying the preserve.	33454

(D) For the purposes of division (B) of section 1533.02 of	33455
the Revised Code, the owner or operator of a wild animal hunting	33456
preserve shall furnish each person who takes any game or nonnative	33457
wildlife from the preserve a certificate bearing a description of	33458
the animal, the date the animal was taken, and the name of the	33459
preserve.	33460

(E) The chief shall adopt rules under section 1531.10 of the	33461
Revised Code that provide for the safety of the public and for the	33462
protection of the game and nonnative wildlife to be hunted in a	33463
wild animal hunting preserve prior to their release in the	33464
preserve.	33465

(F) No holder of a wild animal hunting preserve license shall	33466
violate Chapter 1531. or this chapter of the Revised Code or any	33467
division rule.	33468

(G) This section does not authorize the hunting of game birds	33469
in a licensed wild animal hunting preserve.	33470

Sec. 1533.83. As used in sections 1533.83 to 1533.85 of the	33471
Revised Code:	33472

(A) "Political subdivision" means a municipal corporation,	33473
township, county, or other body corporate and politic responsible	33474
for governmental activities in a geographic area smaller than that	33475
of the state.	33476

(B) "Shooting range" means a facility operated for the	33477
purpose of shooting with firearms or archery equipment, whether	33478
publicly or privately owned and whether or not operated for	33479
profit, including, but not limited to, commercial bird shooting	33480
preserves and wild animal hunting preserves established pursuant	33481
to this chapter. "Shooting range" does not include a facility	33482
owned or operated by a municipal corporation, county, or township	33483
police district, or joint police district.	33484

(C) "Harm" means injury, death, or loss to person or	33485
property.	33486

(D) "The chief's noise rules" means the rules of the chief of	33487
the division of wildlife that are adopted pursuant to section	33488
1533.84 of the Revised Code and that pertain to the limitation or	33489
suppression of noise at a shooting range or to the hours of	33490
operation of shooting ranges.	33491

(E) "The chief's public safety rules" means the rules of the	33492
chief of the division of wildlife that are adopted pursuant to	33493
section 1533.84 of the Revised Code and that pertain to public	33494
safety, including standards for the reconstruction, enlargement,	33495
remodeling, or repair of any structure or facility that is part of	33496
a shooting range.	33497

Sec. 1541.03. All lands and waters dedicated and set apart	33498
for state park purposes shall be under the control and management	33499
of the division of parks and recreation, which shall protect,	33500
maintain, and keep them in repair. The division shall have the	33501
following powers over all such lands and waters:	33502

(A) To make alterations and improvements;

33503

(B) To construct and maintain dikes, wharves, landings,	33504
docks, dams, and other works;	33505

(C) To construct and maintain roads and drives in, around,	33506
upon, and to the lands and waters to make them conveniently	33507
accessible and useful to the public;	33508

(D) Except as otherwise provided in this section, to adopt,	33509
amend, and rescind, in accordance with Chapter 119. of the Revised	33510
Code, rules necessary for the proper management of state parks,	33511
bodies of water, and the lands adjacent to them under its	33512
jurisdiction and control, including the following:	33513

(1) Governing opening and closing times and dates of the	33514
parks;	33515

(2) Establishing fees and charges for use of facilities in	33516
state parks;	33517

(3) Governing camps, camping, and fees for camps and camping;

33518

(4) Governing the application for and rental of, rental fees	33519
for, and the use of cottages;	33520

(5) Relating to public use of state park lands, and governing	33521
the operation of motor vehicles, including speeds, and parking on	33522
those lands;	33523

(6) Governing all advertising within state parks and the	33524
requirements for the operation of places selling tangible personal	33525
property and control of food service sales on lands and waters	33526
under the control of the division, which rules shall establish	33527
uniform requirements;	33528

(7) Providing uniform standards relating to the size, type,	33529
location, construction, and maintenance of structures and devices	33530
used for fishing or moorage of watercraft, rowboats, sailboats,	33531
and powercraft, as those terms are defined in section 1547.01 of	33532
the Revised Code, over waters under the control of the division	33533
and establishing reasonable fees for the construction of and	33534
annual use permits for those structures and devices;	33535

(8) Governing state beaches, swimming, inflatable devices,	33536
and fees for them;	33537

(9) Governing the removal and disposition of any watercraft,	33538
rowboat, sailboat, or powercraft, as those terms are defined in	33539
section 1547.01 of the Revised Code, left unattended for more than	33540
seven days on any lands or waters under the control of the	33541
division;	33542

(10) Governing the establishment and collection of check	33543
collection charges for checks that are returned to the division or	33544
dishonored for any reason.	33545

(E) To coordinate and plan trails in accordance with section	33546
1519.03 of the Revised Code;	33547

(F) To cooperate with the United States and agencies of it	33548
and with political subdivisions in administering federal	33549
recreation moneys under the "Land and Water Conservation Fund Act	33550
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and	33551
distribute the statewide comprehensive outdoor recreation plan;	33552
and administer the state recreational vehicle fund created in	33553
section 4519.11 of the Revised Code;	33554

(G) To administer any state or federally funded grant program	33555
that is related to natural resources and recreation as considered	33556
necessary by the director of natural resources;	33557

(H) To assist the department of natural resources and its	33558
divisions by providing department-wide planning, capital	33559
improvements planning, and special purpose planning.	33560

With the approval of the director, the chief of the division	33561
of parks and recreation may enter into contracts or agreements	33562
with any agency of the United States government, any other public	33563
agency, or any private entity or organization for the performance	33564
of the duties of the division.	33565

The chief may sell, lease, or transfer minerals or mineral	33566
rights, with the approval of the director of natural resources,	33567
when the chief and the director determine it to be in the best	33568
interest of the state. Upon approval of the director, the chief	33569
may make, execute, and deliver contracts, including leases, to	33570
drill for oil and natural gas on and under lands owned by the	33571
state and administered by the division to any person who complies	33572
with the terms of such a contract. No such contract shall be valid	33573
for more than fifty years from its effective date. Consideration	33574
for minerals and mineral rights shall be by rental or royalty	33575
basis as prescribed by the chief and payable as prescribed by	33576
contract. Money collected from rentals shall be paid into the	33577
state treasury to the credit of the state park fund created in	33578
section 1541.22 of the Revised Code. Money collected from	33579
royalties shall be paid into the parks mineral royalties trust	33580
fund created in section 1541.25 of the Revised Code.	33581

The division shall adopt rules under this section	33582
establishing a discount program for all persons who are issued a	33583
golden buckeye card under section 173.06 of the Revised Code. The	33584
discount program shall provide a discount for all park services	33585
and rentals, but shall not provide a discount for the purchase of	33586
merchandise.	33587

The division shall not adopt rules establishing fees or	33588
charges for parking a motor vehicle in a state park or for	33589
admission to a state park.	33590

Every resident of this state with a disability that has been	33591
determined by the veterans administration to be permanently and	33592
totally disabling, who receives a pension or compensation from the	33593
veterans administration, and who received an honorable discharge	33594
from the armed forces of the United States, and every veteran to	33595
whom the registrar of motor vehicles has issued a set of license	33596
plates under section 4503.41 of the Revised Code, shall be exempt	33597
from the fees for camping, provided that the resident or veteran	33598
carries in the state park such evidence of the resident's or	33599
veteran's disability as the chief prescribes by rule.	33600

Unless otherwise provided by division rule, every resident of	33601
this state who is sixty-five years of age or older or who is	33602
permanently and totally disabled and who furnishes evidence of	33603
that age or disability in a manner prescribed by division rule	33604
shall be charged one-half of the regular fee for camping, except	33605
on the weekends and holidays designated by the division, and shall	33606
not be charged more than ninety per cent of the regular charges	33607
for state recreational facilities, equipment, services, and food	33608
service operations utilized by the person at any time of year,	33609
whether maintained or operated by the state or leased for	33610
operation by another entity.	33611

As used in this section, "food service operations" means	33612
restaurants that are owned by the department of natural resources	33613
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	33614
parks or are part of a state park lodge. "Food service operations"	33615
does not include automatic vending machines, concession stands, or	33616
snack bars.	33617

As used in this section, "prisoner of war" means any	33618
regularly appointed, enrolled, enlisted, or inducted member of the	33619
military forces of the United States who was captured, separated,	33620
and incarcerated by an enemy of the United States. Any person who	33621
has been a prisoner of war, was honorably discharged from the	33622
military forces, and is a resident of this state is exempt from	33623
the fees for camping. To claim this exemption, the person shall	33624
present written evidence in the form of a record of separation, a	33625
letter from one of the military forces of the United States, or	33626
such other evidence as the chief prescribes by rule that satisfies	33627
the eligibility criteria established by this section.	33628

Sec. 1541.05. (A) The chief of the division of parks and	33629
recreation, with the approval of the director of natural	33630
resources, may dispose of any of the following by sale, donation,	33631
trade, trade-in, recycling, or any other lawful means, in a manner	33632
that will benefit the division:	33633

(1) Standing timber that as a result of wind, storm,	33634
pestilence, or any other natural occurrence may present a hazard	33635
to life or property, timber that has weakened or fallen on lands	33636
under the control and management of the division, or any timber or	33637
other forest products that ~~requires~~require management to improve	33638
wildlife habitat, protect against wildfires, provide access to	33639
recreational facilities, implement sustainable forestry practices,	33640
or improve the safety, quality, or appearance of any state park	33641
area;	33642

(2) Spoils of a dredging operation conducted by the division	33643
in waters under the control and management of the division. Prior	33644
to the disposition of any spoils under this division, the chief	33645
shall notify the director of environmental protection of the	33646
chief's intent so that the director may determine if the spoils	33647
constitute solid wastes or hazardous waste, as those terms are	33648
defined in section 3734.01 of the Revised Code, that must be	33649
disposed of in accordance with Chapter 3734. of the Revised Code.	33650
If the director does not notify the chief within thirty days after	33651
receiving notice of the disposition that the spoils must be	33652
disposed of in accordance with Chapter 3734. of the Revised Code,	33653
the chief may proceed with the disposition.	33654

(3) Notwithstanding sections 125.12 to 125.14 of the Revised	33655
Code, excess supplies and surplus supplies, as those terms are	33656
defined in section 125.12 of the Revised Code;	33657

(4) Agricultural products that are grown or raised by the	33658
division. As used in this division, "agricultural products"	33659
includes products of apiculture, animal husbandry, or poultry	33660
husbandry, field crops, fruits, and vegetables.	33661

(5) Abandoned personal property, including golf balls that	33662
are found on property under the control and management of the	33663
division.	33664

(B) In accordance with Chapter 119. of the Revised Code, the	33665
chief shall adopt, and may amend and rescind, such rules as are	33666
necessary to administer this section.	33667

(C) ~~Proceeds~~Except as provided in division (D) of this	33668
section, proceeds from the disposition of items under this section	33669
shall be deposited in the state treasury to the credit of the	33670
state park fund created in section 1541.22 of the Revised Code.	33671

(D) The chief of the division of parks and recreation may	33672
enter into a memorandum of understanding with the chief of the	33673
division of forestry to allow the division of forestry to	33674
administer the sale of timber and forest products on lands that	33675
are owned or controlled by the division of parks and recreation.	33676
Proceeds from the sale of timber or forest products pursuant to	33677
the memorandum of understanding shall be apportioned as follows:	33678

(1) Seventy-five per cent of the proceeds shall be deposited	33679
in the state treasury to the credit of the state park fund.	33680

(2) Twenty-five per cent of the proceeds shall be deposited	33681
in the state treasury to the credit of the state forest fund	33682
created in section 1503.05 of the Revised Code.	33683

Sec. 1541.25. There is hereby created the parks mineral	33684
royalties trust fund, which shall be in the custody of the	33685
treasurer of state and shall not be a part of the state treasury.	33686
The fund shall consist of royalties paid to the division of parks	33687
and recreation pursuant to the sale, lease, or transfer of	33688
minerals or mineral rights as provided in section 1541.03 of the	33689
Revised Code. Money in the fund shall be used by the division to	33690
facilitate capital improvements, maintenance, repairs, and	33691
renovations on properties that are owned by the state and	33692
administered by the division.	33693

Investment earnings of the fund shall be credited to the	33694
parks mineral royalties fund created in section 1541.26 of the	33695
Revised Code. Quarterly each fiscal year, the investment earnings	33696
of the parks mineral royalties trust fund shall be transferred to	33697
the parks mineral royalties fund.	33698

Upon the request of the director of natural resources, the	33699
director of budget and management annually may transfer an amount	33700
not to exceed ten per cent of the principal of the parks mineral	33701
royalties trust fund to the parks mineral royalties fund.	33702

Sec. 1541.26. There is hereby created in the state treasury	33703
the parks mineral royalties fund. The fund shall consist of all	33704
investment earnings of the parks mineral royalties trust fund	33705
created in section 1541.25 of the Revised Code and any principal	33706
transferred from the trust fund as authorized by that section.	33707

Money in the parks mineral royalties fund shall be used by	33708
the division of parks and recreation to facilitate capital	33709
improvements, maintenance, repairs, and renovations on properties	33710
that are owned by the state and administered by the division. All	33711
expenditures from the fund shall be approved by the director of	33712
natural resources.	33713

Sec. 1545.071. The following applies until the department of	33714
administrative services implements for park districts the health	33715
care plans under section 9.901 of the Revised Code. If those plans	33716
do not include or address any benefits listed in this section, the	33717
following provisions continue in effect for those benefits.	33718

The board of park commissioners of any park district may	33719
procure and pay all or any part of the cost of group insurance	33720
policies that may provide benefits for hospitalization, surgical	33721
care, major medical care, disability, dental care, eye care,	33722
medical care, hearing aids, or prescription drugs, or sickness and	33723
accident insurance or a combination of any of the foregoing types	33724
of insurance or coverage for park district officers and employees	33725
and their immediate dependents issued by an insurance company duly	33726
authorized to do business in this state.	33727

The board may procure and pay all or any part of the cost of	33728
group life insurance to insure the lives of park district	33729
employees.	33730

The board also may contract for group health care services	33731
with health insuring corporations holding a certificate of	33732
authority under Chapter 1751. of the Revised Code provided that	33733
each officer or employee is permitted to:	33734

(A) Choose between a plan offered by an insurance company and	33735
a plan offered by a health insuring corporation and provided	33736
further that the officer or employee pays any amount by which the	33737
cost of the plan chosen by the officer or employee exceeds the	33738
cost of the plan offered by the board under this section;	33739

(B) Change the choice made under division (A) of this section	33740
at a time each year as determined in advance by the board.	33741

Any appointed member of the board of park commissioners and	33742
the spouse and dependent children of the member may be covered, at	33743
the option and expense of the member, as a noncompensated employee	33744
of the park district under any benefit plan described in division	33745
(A) of this section. The member shall pay to the park district the	33746
amount certified to it by the benefit provider as the provider's	33747
charge for the coverage the member has chosen under division (A)	33748
of this section. Payments for coverage shall be made, in advance,	33749
in a manner prescribed by the board. The member's exercise of an	33750
option to be covered under this section shall be in writing,	33751
announced at a regular public meeting of the board, and recorded	33752
as a public record in the minutes of the board.	33753

The board may provide the benefits authorized in this section	33754
by contributing to a health and welfare trust fund administered	33755
through or in conjunction with a collective bargaining	33756
representative of the park district employees.	33757

The board may provide the benefits described in this section	33758
through an individual self-insurance program or a joint	33759
self-insurance program as provided in section 9.833 of the Revised	33760
Code.	33761

Sec. 1545.09. (A) The board of park commissioners shall adopt	33762
such bylaws and rules as the board considers advisable for the	33763
preservation of good order within and adjacent to parks and	33764
reservations of land, and for the protection and preservation of	33765
the parks, parkways, and other reservations of land under its	33766
jurisdiction and control and of property and natural life therein.	33767
The board shall also adopt bylaws or rules establishing a	33768
procedure for contracting for professional, technical, consulting,	33769
and other special services. Any competitive bidding procedures of	33770
the board do not apply to the purchase of benefits for park	33771
district officers or employees when such benefits are provided	33772
through a health and welfare trust fund administered through or in	33773
conjunction with a collective bargaining representative of the	33774
park district employees, as authorized in section 1545.071 of the	33775
Revised Code. ~~The~~Summaries of the bylaws and rules shall be	33776
published as provided in the case of ordinances of municipal	33777
corporations under section 731.21 of the Revised Code before	33778
taking effect.	33779

(B)(1) As used in division (B)(2) of this section, "similar	33780
violation under state law" means a violation of any section of the	33781
Revised Code, other than division (C) of this section, that is	33782
similar to a violation of a bylaw or rule adopted under division	33783
(A) of this section.	33784

(2) The board of park commissioners may adopt by bylaw a	33785
penalty for a violation of any bylaw or rule adopted under	33786
division (A) of this section, and any penalty so adopted shall not	33787
exceed in severity whichever of the following is applicable:	33788

(a) The penalty designated under the Revised Code for a	33789
violation of the state law that is similar to the bylaw or rule	33790
for which the board adopted the penalty;	33791

(b) For a violation of a bylaw or rule adopted under division	33792
(A) of this section for which the similar violation under state	33793
law does not bear a penalty or for which there is no similar	33794
violation under state law, a fine of not more than one hundred	33795
fifty dollars for a first offense and not more than one thousand	33796
dollars for each subsequent offense.	33797

(3) ~~Any~~A summary of any bylaw adopted under division (B)(2)	33798
of this section shall be published as provided in the case of	33799
ordinances of municipal corporations under section 731.21 of the	33800
Revised Code before taking effect.	33801

(C) No person shall violate any bylaws or rules adopted under	33802
division (A) of this section. All fines collected for any	33803
violation of this section shall be paid into the treasury of such	33804
park board.	33805

Sec. 1545.12. (A) Except as provided in division (B) of this	33806
section, if the board of park commissioners finds that any lands	33807
that it has acquired are not necessary for the purposes for which	33808
they were acquired by the board, it may sell and dispose of the	33809
lands upon terms the board considers advisable. The board also may	33810
lease or permit the use of any lands for purposes not inconsistent	33811
with the purposes for which the lands were acquired, and upon	33812
terms the board considers advisable. No lands shall be sold	33813
pursuant to this division without first giving notice of the	33814
board's intention to sell the lands by publication once a week for	33815
four consecutive weeks in ~~not less than two English newspapers~~a	33816
newspaper of general circulation in the district or as provided in	33817
section 7.16 of the Revised Code. The notice shall contain an	33818
accurate description of the lands and shall state the time and	33819
place at which sealed bids will be received for the purchase of	33820
the lands, and the lands shall not thereafter be sold at private	33821
sale for less than the best and highest bid received without	33822
giving further notice as specified in this division.	33823

(B)(1) After compliance with division (B)(2) of this section,	33824
the board of park commissioners may sell land upon terms the board	33825
considers advisable to any park district established under section	33826
511.18 or Chapter 1545. of the Revised Code, any political	33827
subdivision of the state, the state or any department or agency of	33828
the state, or any department or agency of the federal government	33829
for conservation uses or for park or recreation purposes without	33830
the necessity of having to comply with division (A) of this	33831
section.	33832

(2) Before the board of park commissioners may sell land	33833
under division (B)(1) of this section, the board shall offer the	33834
land for sale to each of the following public agencies that is	33835
authorized to acquire, develop, and maintain land for conservation	33836
uses or for park or recreation purposes: each park district	33837
established under section 511.18 or Chapter 1545. of the Revised	33838
Code or political subdivision in which the land is located, each	33839
park district that is so established and that adjoins or each	33840
political subdivision that adjoins a park district so established	33841
or political subdivision in which the land is located, and each	33842
agency or department of the state or of the federal government	33843
that operates parks or conservation or recreation areas near the	33844
land. The board shall make the offer by giving a written notice	33845
that the land is available for sale, by first class mail, to these	33846
public agencies. A failure of delivery of the written notice to	33847
any of these public agencies does not invalidate any proceedings	33848
for the sale of land under this division. Any public agency that	33849
is so notified and that wishes to purchase the land shall make an	33850
offer to the board in writing not later than sixty days after	33851
receiving the written notice.	33852

If there is only one offer to purchase the land made in that	33853
sixty-day period, the board need not hold a public hearing on the	33854
offer. The board shall accept the offer only if it determines that	33855
acceptance of the offer will result in the best public use of the	33856
land.	33857

If there is more than one offer to purchase the land made in	33858
that sixty-day period, the board shall not accept any offer until	33859
the board holds a public hearing on the offers. If, after the	33860
hearing, the board decides to accept an offer, it shall accept the	33861
offer that it determines will result in the best public use of the	33862
land.	33863

(C) No lands shall be sold under this section at either	33864
public or private sale without the approval of the probate court	33865
of the county in which the lands are situated.	33866

Sec. 1545.131. The board of park commissioners of a park	33867
district may enter into contracts with one or more townships,	33868
township police districts, joint police districts, municipal	33869
corporations, or county sheriffs of this state, with one or more	33870
township park districts created pursuant to section 511.18 of the	33871
Revised Code or other park districts, with one or more state	33872
universities or colleges, as defined in section 3345.12 of the	33873
Revised Code, or with a contiguous political subdivision of an	33874
adjoining state, and a township, township police district, joint	33875
police district, municipal corporation, county sheriff, township	33876
park district, other park district, or state university or college	33877
may enter into a contract with a park district upon any terms that	33878
are agreed to by them, to allow the use of the park district	33879
police or law enforcement officers designated under section	33880
1545.13 of the Revised Code to perform any police function,	33881
exercise any police power, or render any police service on behalf	33882
of the contracting entity that the entity may perform, exercise,	33883
or render.	33884

Chapter 2744. of the Revised Code, insofar as it applies to	33885
the operation of police departments, applies to the contracting	33886
entities and to the members of the police force or law enforcement	33887
department when they are rendering service outside their own	33888
subdivisions pursuant to that contract.	33889

Members of the police force or law enforcement department	33890
acting outside the political subdivision in which they are	33891
employed, pursuant to that contract, shall be entitled to	33892
participate in any indemnity fund established by their employer to	33893
the same extent as while acting within the employing subdivision.	33894
Those members shall be entitled to all the rights and benefits of	33895
Chapter 4123. of the Revised Code, to the same extent as while	33896
performing service within the subdivision.	33897

The contracts entered into pursuant to this section may	33898
provide for the following:	33899

(A) A fixed annual charge to be paid at the times agreed upon	33900
and stipulated in the contract;	33901

(B) Compensation based upon the following:

33902

(1) A stipulated price for each call or emergency;

33903

(2) The number of members or pieces of equipment employed;

33904

(3) The elapsed time of service required in each call or	33905
emergency.	33906

(C) Compensation for loss or damage to equipment while	33907
engaged in rendering police services outside the limits of the	33908
subdivision that owns and furnishes the equipment;	33909

(D) Reimbursement of the subdivision in which the police	33910
force or law enforcement department members are employed for any	33911
indemnity award or premium contribution assessed against the	33912
employing subdivision for workers' compensation benefits for	33913
injuries or death of its police force or law enforcement	33914
department members occurring while engaged in rendering police	33915
services pursuant to the contract.	33916

Sec. 1545.132. The police force or law enforcement	33917
department of any park district may provide police protection to	33918
any county, municipal corporation, township, or township police	33919
district, or joint police district of this state, to any other	33920
park district or any township park district created pursuant to	33921
section 511.18 of the Revised Code, or to a governmental entity of	33922
an adjoining state without a contract to provide police	33923
protection, upon the approval, by resolution, of the board of park	33924
commissioners of the park district in which the police force or	33925
law enforcement department is located and upon authorization by an	33926
officer or employee of the police force or department providing	33927
the police protection who is designated by title of office or	33928
position, pursuant to the resolution of the board of park	33929
commissioners, to give the authorization.	33930

Chapter 2744. of the Revised Code, insofar as it applies to	33931
the operation of police departments, shall apply to any park	33932
district and to members of its police force or law enforcement	33933
department when those members are rendering police services	33934
pursuant to this section outside the park district by which they	33935
are employed.	33936

Police force or law enforcement department members acting, as	33937
provided in this section, outside the park district by which they	33938
are employed shall be entitled to participate in any pension or	33939
indemnity fund established by their employer to the same extent as	33940
while acting within the park district by which they are employed.	33941
Those members shall be entitled to all rights and benefits of	33942
Chapter 4123. of the Revised Code to the same extent as while	33943
performing services within the park district by which they are	33944
employed.	33945

Sec. 1547.30. (A) As used in this section and sections	33946
1547.301, 1547.302, and 1547.304 of the Revised Code:	33947

(1) "Vessel or outboard motor" excludes an abandoned junk	33948
vessel or outboard motor, as defined in section 1547.303 of the	33949
Revised Code, or any watercraft or outboard motor under section	33950
4585.31 of the Revised Code.	33951

(2) "Law enforcement agency" means any organization or unit	33952
comprised of law enforcement officers, as defined in section	33953
2901.01 of the Revised Code.	33954

(B)(1) The sheriff of a county, chief of police of a	33955
municipal corporation, township, or township police district, or	33956
joint police district, or other chief of a law enforcement agency,	33957
within the sheriff's or chief's respective territorial	33958
jurisdiction, upon complaint of any person adversely affected, may	33959
order into storage any vessel or outboard motor that has been left	33960
on private property, other than a private dock or mooring facility	33961
or structure, for at least seventy-two hours without the	33962
permission of the person having the right to the possession of the	33963
property. The sheriff or chief, upon complaint of the owner of a	33964
marine repair facility or place of storage, may order into storage	33965
any vessel or outboard motor that has been left at the facility or	33966
place of storage for a longer period than that agreed upon. The	33967
place of storage shall be designated by the sheriff or chief. When	33968
ordering a vessel or motor into storage under division (B)(1) of	33969
this section, a sheriff or chief, whenever possible, shall arrange	33970
for the removal of the vessel or motor by a private tow truck	33971
operator or towing company.	33972

(2)(a) Except as provided in division (B)(2)(d) of this	33973
section, no person, without the consent of the owner or other	33974
person authorized to give consent, shall moor, anchor, or tie a	33975
vessel or outboard motor at a private dock or mooring facility or	33976
structure owned by another person if the owner has posted, in a	33977
conspicuous manner, a prohibition against the mooring, anchoring,	33978
or tying of vessels or outboard motors at the dock, facility, or	33979
structure by any person not having the consent of the owner or	33980
other person authorized to give consent.	33981

(b) If the owner of a private dock or mooring facility or	33982
structure has posted at the dock, facility, or structure, in a	33983
conspicuous manner, conditions and regulations under which the	33984
mooring, anchoring, or tying of vessels or outboard motors is	33985
permitted at the dock, facility, or structure, no person, except	33986
as provided in division (B)(2)(d) of this section, shall moor,	33987
anchor, or tie a vessel or outboard motor at the dock, facility,	33988
or structure in violation of the posted conditions and	33989
regulations.	33990

(c) The owner of a private dock or mooring facility or	33991
structure may order towed into storage any vessel or outboard	33992
motor found moored, anchored, or tied in violation of division	33993
(B)(2)(a) or (b) of this section, provided that the owner of the	33994
dock, facility, or structure posts on it a sign that states that	33995
the dock, facility, or structure is private, is visible from all	33996
entrances to the dock, facility, or structure, and contains all of	33997
the following information:	33998

(i) The information specified in division (B)(2)(a) or (b) of	33999
this section, as applicable;	34000

(ii) A notice that violators will be towed and that violators	34001
are responsible for paying the cost of the towing;	34002

(iii) The telephone number of the person from whom a towed	34003
vessel or outboard motor may be recovered, and the address of the	34004
place to which the vessel or outboard motor will be taken and the	34005
place from which it may be recovered.	34006

(d) Divisions (B)(2)(a) and (b) of this section do not	34007
prohibit a person from mooring, anchoring, or tying a vessel or	34008
outboard motor at a private dock or mooring facility or structure	34009
if either of the following applies:	34010

(i) The vessel or outboard motor is disabled due to a	34011
mechanical or structural malfunction, provided that the person	34012
immediately removes the vessel or outboard motor from the dock,	34013
facility, or structure when the malfunction is corrected or when a	34014
reasonable attempt has been made to correct it;	34015

(ii) Weather conditions are creating an imminent threat to	34016
safe operation of the vessel or outboard motor, provided that the	34017
person immediately removes the vessel or outboard motor from the	34018
dock, facility, or structure when the weather conditions permit	34019
safe operation of the vessel or outboard motor.	34020

(e) A person whose vessel or outboard motor is towed into	34021
storage under division (B)(2)(c) of this section either shall pay	34022
the costs of the towing of the vessel or outboard motor or shall	34023
reimburse the owner of the dock or mooring facility or structure	34024
for the costs that the owner incurs in towing the vessel or	34025
outboard motor.	34026

(3) Subject to division (C) of this section, the owner of a	34027
vessel or motor that has been removed under division (B) of this	34028
section may recover the vessel or motor only in accordance with	34029
division (F) of this section.	34030

(C) If the owner or operator of a vessel or outboard motor	34031
that has been ordered into storage under division (B) of this	34032
section arrives after the vessel or motor has been prepared for	34033
removal, but prior to its actual removal from the property, the	34034
owner or operator shall be given the opportunity to pay a fee of	34035
not more than one-half of the charge for the removal of vessels or	34036
motors under division (B) of this section that normally is	34037
assessed by the person who has prepared the vessel or motor for	34038
removal, in order to obtain release of the vessel or motor. Upon	34039
payment of that fee, the vessel or motor shall be released to the	34040
owner or operator, and upon its release, the owner or operator	34041
immediately shall move it so that it is not on the private	34042
property without the permission of the person having the right to	34043
possession of the property, or is not at the facility or place of	34044
storage without the permission of the owner, whichever is	34045
applicable.	34046

(D) Each county sheriff, each chief of police of a municipal	34047
corporation, township, or township police district, or joint	34048
police district, and each other chief of a law enforcement agency	34049
shall maintain a record of vessels or outboard motors that are	34050
ordered into storage under division (B)(1) of this section. The	34051
record shall include an entry for each such vessel or motor that	34052
identifies the vessel's hull identification number or serial	34053
number, if any, the vessel's or motor's make, model, and color,	34054
the location from which it was removed, the date and time of its	34055
removal, the telephone number of the person from whom it may be	34056
recovered, and the address of the place to which it has been taken	34057
and from which it may be recovered. Any information in the record	34058
that pertains to a particular vessel or motor shall be provided to	34059
any person who, pursuant to a statement the person makes either in	34060
person or by telephone, is identified as the owner or operator of	34061
the vessel or motor and requests information pertaining to its	34062
location.	34063

(E) Any person who registers a complaint that is the basis of	34064
a sheriff's or chief's order for the removal and storage of a	34065
vessel or outboard motor under division (B)(1) of this section	34066
shall provide the identity of the law enforcement agency with	34067
which the complaint was registered to any person who, pursuant to	34068
a statement the person makes, is identified as the owner or	34069
operator of the vessel or motor and requests information	34070
pertaining to its location.	34071

(F)(1) The owner of a vessel or outboard motor that is	34072
ordered into storage under division (B) of this section may	34073
reclaim it upon payment of any expenses or charges incurred in its	34074
removal, in an amount not to exceed two hundred dollars, and	34075
storage, in an amount not to exceed five dollars per	34076
twenty-four-hour period, and upon presentation of proof of	34077
ownership, which may be evidenced by a certificate of title to the	34078
vessel or motor, certificate of United States coast guard	34079
documentation, or certificate of registration if the vessel or	34080
motor is not subject to titling under section 1548.01 of the	34081
Revised Code.	34082

(2) If a vessel or outboard motor that is ordered into	34083
storage under division (B)(1) of this section remains unclaimed by	34084
the owner for thirty days, the procedures established by sections	34085
1547.301 and 1547.302 of the Revised Code shall apply.	34086

(3) If a vessel or outboard motor ordered into storage under	34087
division (B)(2) of this section remains unclaimed for seventy-two	34088
hours after being stored, the tow truck operator or towing company	34089
that removed the vessel or outboard motor shall provide notice of	34090
the removal and storage to the sheriff of a county, chief of	34091
police of a municipal corporation, township, or township police	34092
district, or joint police district, or other chief of a law	34093
enforcement agency within whose territorial jurisdiction the	34094
vessel or outboard motor had been moored, anchored, or tied in	34095
violation of division (B)(2) of this section. The notice shall be	34096
in writing and include the vessel's hull identification number or	34097
serial number, if any, the vessel's or outboard motor's make,	34098
model, and color, the location from which it was removed, the date	34099
and time of its removal, the telephone number of the person from	34100
whom it may be recovered, and the address of the place to which it	34101
has been taken and from which it may be recovered.	34102

Upon receipt of the notice, the sheriff or chief immediately	34103
shall cause a search to be made of the records of the division of	34104
watercraft to ascertain the owner and any lienholder of the vessel	34105
or outboard motor, and, if known, shall send notice to the owner	34106
and lienholder, if any, at the owner's and lienholder's last known	34107
address by certified mail, return receipt requested, that the	34108
vessel or outboard motor will be declared a nuisance and disposed	34109
of if not claimed not later than thirty days after the date of the	34110
mailing of the notice.	34111

If the owner or lienholder makes no claim to the vessel or	34112
outboard motor within thirty days of the date of the mailing of	34113
the notice, the sheriff or chief shall file with the clerk of	34114
courts of the county in which the place of storage is located an	34115
affidavit showing compliance with the requirements of division	34116
(F)(3) of this section, and the vessel or outboard motor shall be	34117
disposed of in accordance with section 1547.302 of the Revised	34118
Code.	34119

(G) No person shall remove, or cause the removal of, any	34120
vessel or outboard motor from private property other than in	34121
accordance with division (B) of this section or section 1547.301	34122
of the Revised Code.	34123

Sec. 1547.301. The sheriff of a county, chief of police of a	34124
municipal corporation, township, or township police district, or	34125
joint police district, or other chief of a law enforcement agency,	34126
within ~~his~~the sheriff's or chief's respective territorial	34127
jurisdiction, or a state highway patrol trooper, upon notification	34128
to the sheriff or chief of such action and of the location of the	34129
place of storage, may order into storage any vessel or outboard	34130
motor that has been left in a sunken, beached, or drifting	34131
condition for any period of time, or in a docked condition, on a	34132
public street or other property open to the public, or upon or	34133
within the right-of-way of any waterway, road, or highway, for	34134
forty-eight hours or longer without notification to the sheriff or	34135
chief of the reasons for leaving the vessel or motor in any such	34136
place or condition. The sheriff or chief shall designate the place	34137
of storage of any vessel or motor ordered removed by ~~him~~the	34138
sheriff or chief.	34139

The sheriff or chief shall immediately cause a search to be	34140
made of the records of the division of watercraft to ascertain the	34141
owner and any lienholder of a vessel or outboard motor ordered	34142
into storage by the sheriff or chief, and, if known, shall send	34143
notice to the owner and lienholder, if any, at ~~his~~the owner's or	34144
lienholder's last known address by certified mail, return receipt	34145
requested, that the vessel or motor will be declared a nuisance	34146
and disposed of if not claimed within ten days of the date of	34147
mailing of the notice. The owner or lienholder of the vessel or	34148
motor may reclaim it upon payment of any expenses or charges	34149
incurred in its removal and storage, and presentation of proof of	34150
ownership, which may be evidenced by a certificate of title to the	34151
vessel or motor, certificate of United States coast guard	34152
documentation, or certificate of registration if the vessel or	34153
motor is not subject to titling under section 1548.01 of the	34154
Revised Code.	34155

If the owner or lienholder makes no claim to the vessel or	34156
outboard motor within ten days of the date of mailing of the	34157
notice, and if the vessel or motor is to be disposed of at public	34158
auction as provided in section 1547.302 of the Revised Code, the	34159
sheriff or chief shall file with the clerk of courts of the county	34160
in which the place of storage is located an affidavit showing	34161
compliance with the requirements of this section. Upon	34162
presentation of the affidavit, the clerk of courts shall without	34163
charge issue a salvage certificate of title, free and clear of all	34164
liens and encumbrances, to the sheriff or chief and shall send a	34165
copy of the affidavit to the chief of the division of watercraft.	34166
If the vessel or motor is to be disposed of to a marine salvage	34167
dealer or other facility as provided in section 1547.302 of the	34168
Revised Code, the sheriff or chief shall execute in triplicate an	34169
affidavit, as prescribed by the chief of the division of	34170
watercraft, describing the vessel or motor and the manner in which	34171
it was disposed of, and that all requirements of this section have	34172
been complied with. The sheriff or chief shall retain the original	34173
of the affidavit for ~~his~~the sheriff's or chief's records and	34174
shall furnish two copies to the marine salvage dealer or other	34175
facility. Upon presentation of a copy of the affidavit by the	34176
marine salvage dealer or other facility, the clerk of courts shall	34177
issue to such owner a salvage certificate of title, free and clear	34178
of all liens and encumbrances.	34179

Whenever the marine salvage dealer or other facility receives	34180
an affidavit for the disposal of a vessel or outboard motor as	34181
provided in this section, such owner shall not be required to	34182
obtain an Ohio certificate of title to the vessel or motor in ~~his~~	34183
the owner's own name if the vessel or motor is dismantled or	34184
destroyed and both copies of the affidavit are delivered to the	34185
clerk of courts. Upon receipt of such an affidavit, the clerk of	34186
courts shall send one copy of it to the chief of the division of	34187
watercraft.	34188

Sec. 1547.302. (A) Unclaimed vessels or outboard motors	34189
ordered into storage under division (B) of section 1547.30 or	34190
section 1547.301 of the Revised Code shall be disposed of at the	34191
order of the sheriff of the county, the chief of police of the	34192
municipal corporation, township, or township police district, or	34193
another chief of a law enforcement agency in any of the following	34194
ways:	34195

(1) To a marine salvage dealer;

34196

(2) To any other facility owned, operated, or under contract	34197
with the state or the county, municipal corporation, township, or	34198
other political subdivision;	34199

(3) To a charitable organization, religious organization, or	34200
similar organization not used and operated for profit;	34201

(4) By sale at public auction by the sheriff, the chief, or	34202
an auctioneer licensed under Chapter 4707. of the Revised Code,	34203
after giving notice of the auction by advertisement, published	34204
once a week for two consecutive weeks in a newspaper of general	34205
circulation in the county or as provided in section 7.16 of the	34206
Revised Code.	34207

(B) Any moneys accruing from the disposition of an unclaimed	34208
vessel or motor that are in excess of the expenses resulting from	34209
the removal and storage of the vessel or motor shall be credited	34210
to the general revenue fund or to the general fund of the county,	34211
municipal corporation, township, or other political subdivision,	34212
as appropriate.	34213

(C) As used in this section, "charitable organization" has	34214
the same meaning as in section 1716.01 of the Revised Code.	34215

Sec. 1547.303. (A) As used in this section and section	34216
1547.304 of the Revised Code:	34217

(1) "Abandoned junk vessel or outboard motor" means any	34218
vessel or outboard motor meeting all of the following	34219
requirements:	34220

(a) It has been left on private property for at least	34221
seventy-two hours without the permission of the person having the	34222
right to the possession of the property; left in a sunken,	34223
beached, or drifting condition for any period of time; or left in	34224
a docked condition, on a public street or other property open to	34225
the public, or upon or within the right-of-way of any waterway,	34226
road, or highway, for forty-eight hours or longer without	34227
notification to the sheriff of the county, the chief of police of	34228
the municipal corporation, township, or township police district,	34229
or joint police district, or other chief of a law enforcement	34230
agency, having territorial jurisdiction with respect to the	34231
location of the vessel or motor, of the reasons for leaving the	34232
vessel or motor in any such place or condition;	34233

(b) It is three years old, or older;

34234

(c) It is extensively damaged, such damage including but not	34235
limited to any of the following: missing deck, hull, transom,	34236
gunwales, motor, or outdrive;	34237

(d) It is apparently inoperable;

34238

(e) It has a fair market value of two hundred dollars or	34239
less.	34240

(2) "Law enforcement agency" means any organization or unit	34241
comprised of law enforcement officers, as defined in section	34242
2901.01 of the Revised Code.	34243

(B) The sheriff of a county, chief of police of a municipal	34244
corporation, township, or township police district, or joint	34245
police district, or other chief of a law enforcement agency,	34246
within the sheriff's or chief's respective territorial	34247
jurisdiction, or a state highway patrol trooper, upon notification	34248
to the sheriff or chief of such action, shall order any abandoned	34249
junk vessel or outboard motor to be photographed by a law	34250
enforcement officer. The officer shall record the make of vessel	34251
or motor, the hull identification number or serial number when	34252
available, and shall also detail the damage or missing equipment	34253
to substantiate the value of two hundred dollars or less. The	34254
sheriff or chief shall thereupon immediately dispose of the	34255
abandoned junk vessel or outboard motor to a marine salvage dealer	34256
or other facility owned, operated, or under contract to the state,	34257
the county, township, or municipal corporation for the destruction	34258
of such vessels or motors. The records and photographs relating to	34259
the abandoned junk vessel or outboard motor shall be retained by	34260
the law enforcement agency ordering the disposition of the vessel	34261
or motor for a period of at least two years. The law enforcement	34262
agency shall execute in quadruplicate an affidavit, as prescribed	34263
by the chief of the division of watercraft, describing the vessel	34264
or motor and the manner in which it was disposed of, and that all	34265
requirements of this section have been complied with, and shall	34266
sign and file the same with the clerk of courts of the county in	34267
which the vessel or motor was abandoned. The clerk of courts shall	34268
retain the original of the affidavit for the clerk's files, shall	34269
furnish one copy thereof to the chief of the division of	34270
watercraft, one copy to the marine salvage dealer or other	34271
facility handling the disposal of the vessel or motor, and one	34272
copy to the law enforcement agency ordering the disposal, who	34273
shall file such copy with the records and photographs relating to	34274
the disposal. Any moneys arising from the disposal of an abandoned	34275
junk vessel or outboard motor shall be credited to the general	34276
revenue fund, or to the general fund of the county, township,	34277
municipal corporation, or other political subdivision, as	34278
appropriate.	34279

Notwithstanding section 1547.301 of the Revised Code, any	34280
vessel or outboard motor meeting the requirements of divisions	34281
(A)(1)(c) to (e) of this section which has remained unclaimed by	34282
the owner or lienholder for a period of ten days or longer	34283
following notification as provided in section 1547.301 of the	34284
Revised Code may be disposed of as provided in this section.	34285

Sec. 1547.304. No person shall purposely leave an abandoned	34286
junk vessel or outboard motor on private property for more than	34287
seventy-two hours without the permission of the person having the	34288
right to the possession of the property; in a sunken, beached, or	34289
drifting condition for any period of time; or in a docked	34290
condition, on a public street or other property open to the	34291
public, or upon or within the right-of-way of any waterway, road,	34292
or highway, for forty-eight hours or longer without notification	34293
to the sheriff of the county, chief of police of the municipal	34294
corporation, township, or township police district, or joint	34295
police district, or other chief of a law enforcement agency,	34296
having territorial jurisdiction with respect to the location of	34297
the vessel or motor, of the reasons for leaving the vessel or	34298
motor in any such place or condition.	34299

For purposes of this section, the fact that an abandoned junk	34300
vessel or outboard motor has been so left without permission or	34301
notification is prima-facie evidence of abandonment.	34302

Nothing in sections 1547.30, 1547.301, and 1547.303 of the	34303
Revised Code invalidates the provisions of any ordinance of a	34304
municipal corporation regulating or prohibiting the abandonment of	34305
vessels or outboard motors on waterways, beaches, docks, streets,	34306
highways, public property, or private property within the	34307
boundaries of the municipal corporation.	34308

Sec. 1551.311. The general assembly hereby finds and	34309
declares that the future of the Ohio coal industry lies in the	34310
development of clean coal technology and that the disproportionate	34311
economic impact on the state under Title IV of the "Clean Air Act	34312
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants	34313
maximum federal assistance to this state for such development. It	34314
is therefore imperative that the ~~Ohio air quality~~department of	34315
development ~~authority created under Chapter 3706. of the Revised~~	34316
~~Code~~, its Ohio coal development office, the Ohio coal industry,	34317
the Ohio Washington office in the office of the governor, and the	34318
state's congressional delegation make every effort to acquire any	34319
federal assistance available for the development of clean coal	34320
technology, including assisting entities eligible for grants in	34321
their acquisition. The Ohio coal development agenda required by	34322
section 1551.34 of the Revised Code shall include, in addition to	34323
the other information required by that section, a description of	34324
such efforts and a description of the current status of the	34325
development of clean coal technology in this state and elsewhere.	34326

Sec. 1551.32. (A) There is hereby established within the	34327
~~Ohio air quality~~department of development ~~authority~~ the Ohio coal	34328
development office whose purposes are to do all of the following:	34329

(1) Encourage, promote, and support siting, financing,	34330
construction, and operation of commercially available or scaled	34331
facilities and technologies, including, without limitation,	34332
commercial-scale demonstration facilities and, when necessary or	34333
appropriate to demonstrate the commercial acceptability of a	34334
specific technology, up to three installations within this state	34335
utilizing the specific technology, to more efficiently produce,	34336
beneficiate, market, or use Ohio coal;	34337

(2) Encourage, promote, and support the market acceptance and	34338
increased market use of Ohio coal through technology and market	34339
development;	34340

(3) Assist in the financing of coal development facilities;

34341

(4) Encourage, promote, and support, in state-owned	34342
buildings, facilities, and operations, use of Ohio coal and	34343
electricity sold by utilities and others in this state that use	34344
Ohio coal for generation;	34345

(5) Improve environmental quality, particularly through	34346
cleaner use of Ohio coal;	34347

(6) Assist and cooperate with governmental agencies,	34348
universities and colleges, coal producers, coal miners, electric	34349
utilities and other coal users, public and private sector coal	34350
development interests, and others in achieving these purposes.	34351

(B) The office shall give priority to improvement or	34352
reconstruction of existing facilities and equipment when	34353
economically feasible, to construction and operation of	34354
commercial-scale facilities, and to technologies, equipment, and	34355
other techniques that enable maximum use of Ohio coal in an	34356
environmentally acceptable, cost-effective manner.	34357

Sec. 1551.33. (A) The ~~Ohio air quality~~director of	34358
development ~~authority, by the affirmative vote of a majority of~~	34359
~~its members,~~ shall appoint and fix the compensation of the	34360
director of the Ohio coal development office. The director shall	34361
serve at the pleasure of the ~~authority~~director of development.	34362

(B) The director of the office shall do all of the following:

34363

(1) Biennially prepare and maintain the Ohio coal development	34364
agenda required under section 1551.34 of the Revised Code;	34365

(2) Propose and support policies for the office consistent	34366
with the Ohio coal development agenda and develop means to	34367
implement the agenda;	34368

(3) Initiate, undertake, and support projects to carry out	34369
the office's purposes and ensure that the projects are consistent	34370
with and meet the selection criteria established by the Ohio coal	34371
development agenda;	34372

(4) Actively encourage joint participation in and, when	34373
feasible, joint funding of the office's projects with governmental	34374
agencies, electric utilities, universities and colleges, other	34375
public or private interests, or any other person;	34376

(5) Establish a table of organization for and employ such	34377
employees and agents as are necessary for the administration and	34378
operation of the office. Any such employees shall be in the	34379
unclassified service and shall serve at the pleasure of the	34380
~~authority~~director of development.	34381

(6) Appoint specified members of and convene the technical	34382
advisory committee established under section 1551.35 of the	34383
Revised Code;	34384

(7) Review, with the assistance of the technical advisory	34385
committee, proposed coal research and development projects as	34386
defined in section 1555.01 of the Revised Code, and coal	34387
development projects, submitted to the office by public utilities	34388
for the purpose of section 4905.304 of the Revised Code. If the	34389
director and the advisory committee determine that any such	34390
facility or project has as its purpose the enhanced use of Ohio	34391
coal in an environmentally acceptable, cost effective manner,	34392
promotes energy conservation, is cost effective, and is	34393
environmentally sound, the director shall submit to the public	34394
utilities commission a report recommending that the commission	34395
allow the recovery of costs associated with the facility or	34396
project under section 4905.304 of the Revised Code and including	34397
the reasons for the recommendation.	34398

(8) Establish such policies, procedures, and guidelines as	34399
are necessary to achieve the office's purposes.	34400

(C) ~~By the affirmative vote of a majority of the members of~~	34401
~~the Ohio air quality development authority, the~~The director of	34402
the office may exercise any of the powers and duties ~~of the~~	34403
~~director of development as the authority and~~that the director of	34404
the office ~~consider~~considers appropriate or desirable to achieve	34405
the office's purposes, including, but not limited to, the powers	34406
and duties enumerated in sections 1551.11, 1551.12, ~~1551.13,~~ and	34407
1551.15 of the Revised Code.	34408

Additionally, the director of the office may make loans to	34409
governmental agencies or persons for projects to carry out the	34410
office's purposes. Fees, charges, rates of interest, times of	34411
payment of interest and principal, and other terms, conditions,	34412
and provisions of the loans shall be such as the director of the	34413
office determines to be appropriate and in furtherance of the	34414
purposes for which the loans are made. The mortgage lien securing	34415
any moneys lent by the director of the office may be subordinate	34416
to the mortgage lien securing any moneys lent or invested by a	34417
financial institution, but shall be superior to that securing any	34418
moneys lent or expended by any other person. The moneys used in	34419
making the loans shall be disbursed upon order of the director of	34420
the office.	34421

Sec. 1551.35. (A) There is hereby established a technical	34422
advisory committee to assist the director of the Ohio coal	34423
development office in achieving the office's purposes. The	34424
director shall appoint to the committee one member of the public	34425
utilities commission and one representative each of coal	34426
production companies, the united mine workers of America, electric	34427
utilities, manufacturers that use Ohio coal, and environmental	34428
organizations, as well as two people with a background in coal	34429
research and development technology, one of whom is employed at	34430
the time of the member's appointment by a state university, as	34431
defined in section 3345.011 of the Revised Code. In addition, the	34432
committee shall include four legislative members. The speaker and	34433
minority leader of the house of representatives each shall appoint	34434
one member of the house of representatives, and the president and	34435
minority leader of the senate each shall appoint one member of the	34436
senate, to the committee. The director of environmental protection	34437
~~and the director of development~~ shall serve on the committee as an	34438
ex officio ~~members~~member. Any member of the committee may	34439
designate in writing a substitute to serve in the member's absence	34440
on the committee. The director of environmental protection may	34441
designate in writing the chief of the air pollution control	34442
division of the agency to represent the agency. Members shall	34443
serve on the committee at the pleasure of their appointing	34444
authority. Members of the committee appointed by the director of	34445
the office and, notwithstanding section 101.26 of the Revised	34446
Code, legislative members of the committee, when engaged in their	34447
official duties as members of the committee, shall be compensated	34448
on a per diem basis in accordance with division (J) of section	34449
124.15 of the Revised Code, except that the member of the public	34450
utilities commission and, while employed by a state university,	34451
the member with a background in coal research, shall not be so	34452
compensated. Members shall receive their actual and necessary	34453
expenses incurred in the performance of their duties.	34454

(B) The technical advisory committee shall review and make	34455
recommendations concerning the Ohio coal development agenda	34456
required under section 1551.34 of the Revised Code, project	34457
proposals, research and development projects submitted to the	34458
office by public utilities for the purpose of section 4905.304 of	34459
the Revised Code, proposals for grants, loans, and loan guarantees	34460
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	34461
and such other topics as the director of the office considers	34462
appropriate.	34463

(C) The technical advisory committee may hold an executive	34464
session at any regular or special meeting for the purpose of	34465
considering research and development project proposals or	34466
applications for assistance submitted to the Ohio coal development	34467
office under section 1551.33, or sections 1555.01 to 1555.06, of	34468
the Revised Code, to the extent that the proposals or applications	34469
consist of trade secrets or other proprietary information.	34470

Any materials or data submitted to, made available to, or	34471
received by the ~~Ohio air quality~~department of development	34472
~~authority~~ or the director of the Ohio coal development office in	34473
connection with agreements for assistance entered into under this	34474
chapter or Chapter 1555. of the Revised Code, or any information	34475
taken from those materials or data for any purpose, to the extent	34476
that the materials or data consist of trade secrets or other	34477
proprietary information, are not public records for the purposes	34478
of section 149.43 of the Revised Code.	34479

As used in this division, "trade secrets" has the same	34480
meaning as in section 1333.61 of the Revised Code.	34481

Sec. 1555.02. It is hereby declared to be the public policy	34482
of this state through the operations of the Ohio coal development	34483
office under this chapter to contribute toward one or more of the	34484
following: to provide for the comfort, health, safety, and general	34485
welfare of all employees and other inhabitants of this state	34486
through research and development directed toward the discovery of	34487
new technologies or the demonstration or application of existing	34488
technologies to enable the conversion or use of Ohio coal as a	34489
fuel or chemical feedstock in an environmentally acceptable manner	34490
thereby enhancing the marketability and fostering the use of this	34491
state's vast reserves of coal, to assist in the financing of coal	34492
research and development and coal research and development	34493
projects or facilities for persons doing business in this state	34494
and educational and scientific institutions located in this state,	34495
to create or preserve jobs and employment opportunities or improve	34496
the economic welfare of the people of this state, or to assist and	34497
cooperate with such persons and educational and scientific	34498
institutions in conducting coal research and development. In	34499
furtherance of this public policy, the Ohio coal development	34500
office, with the advice of the technical advisory committee	34501
created in section 1551.35 of the Revised Code ~~and the affirmative~~	34502
~~vote of a majority of the members of the Ohio air quality~~	34503
~~development authority~~, may make loans, guarantee loans, and make	34504
grants to persons doing business in this state or to educational	34505
or scientific institutions located in this state for coal research	34506
and development projects by such persons or educational or	34507
scientific institutions; may, with the advice of the technical	34508
advisory committee ~~and the affirmative vote of a majority of the~~	34509
~~members of the Ohio air quality development authority~~, request the	34510
issuance of coal research and development general obligations	34511
under section 151.07 of the Revised Code to provide funds for	34512
making such loans, loan guarantees, and grants; and may, with the	34513
advice of the technical advisory committee ~~and the affirmative~~	34514
~~vote of a majority of the members of the Ohio air quality~~	34515
~~development authority~~, expend moneys credited to the coal research	34516
and development fund created in section 1555.15 of the Revised	34517
Code for the purpose of making such loans, loan guarantees, and	34518
grants. Determinations by the director of the Ohio coal	34519
development office that coal research and development or a coal	34520
research and development facility is a coal research and	34521
development project under this chapter and is consistent with the	34522
purposes of Section 15 of Article VIII, Ohio Constitution, and	34523
this chapter shall be conclusive as to the validity and	34524
enforceability of the coal research and development general	34525
obligations issued to finance such project and of the	34526
authorizations, trust agreements or indentures, loan agreements,	34527
loan guarantee agreements, or grant agreements, and other	34528
agreements made in connection therewith, all in accordance with	34529
their terms.	34530

Sec. 1555.03. For the purposes of this chapter, the director	34531
of the Ohio coal development office may:	34532

(A) With the advice of the technical advisory committee	34533
created in section 1551.35 of the Revised Code ~~and the affirmative~~	34534
~~vote of a majority of the members of the Ohio air quality~~	34535
~~development authority~~, make loans, guarantee loans, and make	34536
grants to persons doing business in this state or to educational	34537
or scientific institutions located in this state for coal research	34538
and development projects by any such person or educational or	34539
scientific institution and adopt rules under Chapter 119. of the	34540
Revised Code for making such loans, guarantees, and grants.	34541

(B) In making loans, loan guarantees, and grants under	34542
division (A) of this section and section 1555.04 of the Revised	34543
Code, the director of the office shall ensure that an adequate	34544
portion of the total amount of those loans, loan guarantees, and	34545
grants, as determined by the director with the advice of the	34546
technical advisory committee, is used for conducting research on	34547
fundamental scientific problems related to the utilization of Ohio	34548
coal and shall ensure, to the maximum feasible extent, joint	34549
financial participation by the federal government or other	34550
investors or interested parties in conjunction with any such loan,	34551
loan guarantee, or grant. The director, in each grant agreement or	34552
contract under division (A) of this section, loan contract or	34553
agreement under this division or section 1555.04 of the Revised	34554
Code, and contract of guarantee under section 1555.05 of the	34555
Revised Code, shall require that the facility or project be	34556
maintained and kept in good condition and repair by the person or	34557
educational or scientific institution to whom the grant or loan	34558
was made or for whom the guarantee was made.	34559

(C) From time to time, with the advice of the technical	34560
advisory committee ~~and the affirmative vote of a majority of the~~	34561
~~members of the Ohio air quality development authority~~, request the	34562
issuance of coal research and development general obligations	34563
under section 151.07 of the Revised Code, for any of the purposes	34564
set forth in Section 15 of Article VIII, Ohio Constitution, and	34565
subject to the limitations therein upon the aggregate total amount	34566
of obligations that may be outstanding at any time.	34567

(D) Include as a condition of any loan, loan guarantee, or	34568
grant contract or agreement with any such person or educational or	34569
scientific institution that the director of the office receive, in	34570
addition to payments of principal and interest on any such loan or	34571
service charges for any such guarantee, as appropriate, as	34572
authorized by Section 15, Article VIII, Ohio Constitution, a	34573
reasonable royalty or portion of the income or profits arising out	34574
of the developments, discoveries, or inventions, including patents	34575
or copyrights, that result in whole or in part from coal research	34576
and development projects conducted under any such contract or	34577
agreement, in such amounts and for such period of years as may be	34578
negotiated and provided by the contract or agreement in advance of	34579
the making of the grant, loan, or loan guarantee. Moneys received	34580
by the director of the office under this section may be credited	34581
to the coal research and development bond service fund or used to	34582
make additional loans, loan guarantees, grants, or agreements	34583
under this section.	34584

(E) Employ managers, superintendents, and other employees and	34585
retain or contract with consulting engineers, financial	34586
consultants, accounting experts, architects, and such other	34587
consultants and independent contractors as are necessary in the	34588
judgment of the director of the office to carry out this chapter,	34589
and fix the compensation thereof.	34590

(F) Receive and accept from any federal agency, subject to	34591
the approval of the governor, grants for or in aid of the	34592
construction or operation of any coal research and development	34593
project or for coal research and development, and receive and	34594
accept aid or contributions from any source of money, property,	34595
labor, or other things of value, to be held, used, and applied	34596
only for the purposes for which such grants and contributions are	34597
made.	34598

(G) Purchase fire and extended coverage and liability	34599
insurance for any coal research and development project, insurance	34600
protecting the office and its officers and employees against	34601
liability for damage to property or injury to or death of persons	34602
arising from its operations, and any other insurance the director	34603
of the office determines necessary or proper under this chapter.	34604
Any moneys received by the director from the proceeds of any such	34605
insurance with respect to a coal research and development project	34606
and any moneys received by the director from the proceeds of any	34607
settlement, judgment, foreclosure, or other insurance with respect	34608
to a coal research and development project or facility shall be	34609
credited to the coal research and development bond service fund.	34610

(H) In the exercise of the powers of the director of the	34611
office under this chapter, call to the director's assistance,	34612
temporarily, from time to time, any engineers, technical experts,	34613
financial experts, and other employees in any state department,	34614
agency, or commission, or in the Ohio state university, or other	34615
educational institutions financed wholly or partially by this	34616
state for purposes of assisting the director of the office with	34617
reviewing and evaluating applications for financial assistance	34618
under this chapter, monitoring performance of coal research and	34619
development projects receiving financial assistance under this	34620
chapter, and reviewing and evaluating the progress and findings of	34621
those projects. Such engineers, experts, and employees shall not	34622
receive any additional compensation over that which they receive	34623
from the department, agency, commission, or educational	34624
institution by which they are employed, but they shall be	34625
reimbursed for their actual and necessary expenses incurred while	34626
working under the direction of the director.	34627

(I) Do all acts necessary or proper to carry out the powers	34628
expressly granted in this chapter.	34629

Sec. 1555.04. (A) With respect to coal research and	34630
development projects financed wholly or partially from a loan or	34631
loan guarantee under this chapter, the director of the Ohio coal	34632
development office, in addition to other powers under this	34633
chapter, with the advice of the technical advisory committee	34634
created in section 1551.35 of the Revised Code ~~and the affirmative~~	34635
~~vote of a majority of the members of the Ohio air quality~~	34636
~~development authority~~, may enter into loan agreements, accept	34637
notes and other forms of obligation to evidence such indebtedness	34638
and mortgages, liens, pledges, assignments, or other security	34639
interests to secure such indebtedness, which may be prior or	34640
subordinate to or on a parity with other indebtedness,	34641
obligations, mortgages, pledges, assignments, other security	34642
interests, or liens or encumbrances, and take such actions as the	34643
director of the office considers appropriate to protect such	34644
security and safeguard against losses, including, without	34645
limitation, foreclosure and the bidding upon and purchase of	34646
property upon foreclosure or other sale.	34647

(B) The authority granted by this section is cumulative and	34648
supplementary to all other authority granted in this chapter. The	34649
authority granted by this section does not alter or impair any	34650
similar authority granted elsewhere in this chapter with respect	34651
to other projects.	34652

Sec. 1555.05. (A) Subject to any limitations as to aggregate	34653
amounts thereof that may from time to time be prescribed by the	34654
general assembly and to other applicable provisions of this	34655
chapter, and subject to the one-hundred-million-dollar limitation	34656
provided in Section 15 of Article VIII, Ohio Constitution, the	34657
director of the Ohio coal development office, on behalf of this	34658
state, with the advice of the technical advisory committee created	34659
in section 1551.35 of the Revised Code ~~and the affirmative vote of~~	34660
~~a majority of the members of the Ohio air quality development~~	34661
~~authority~~, may enter into contracts to guarantee the repayment or	34662
payment of the unpaid principal amount of loans made to pay the	34663
costs of coal research and development projects.	34664

(B) The contract of guarantee may make provision for the	34665
conditions of, time for, and manner of fulfillment of the	34666
guarantee commitment, subrogation of this state to the rights of	34667
the parties guaranteed and exercise of such parties' rights by the	34668
state, giving the state the option of making payment of the	34669
principal amount guaranteed in one or more installments and, if	34670
deferred, to pay interest thereon from the source specified in	34671
division (A) of this section, and any other terms or conditions	34672
customary to such guarantees and as the director of the office may	34673
approve, and may contain provisions for securing the guarantee in	34674
the manner consistent with this section, covenants on behalf of	34675
this state to issue obligations under section 1555.08 of the	34676
Revised Code to provide moneys to fulfill such guarantees and	34677
covenants, and covenants restricting the aggregate amount of	34678
guarantees that may be contracted under this section and	34679
obligations that may be issued under section 151.07 of the Revised	34680
Code, and terms pertinent to either, to better secure the parties	34681
guaranteed.	34682

(C) The director of the office may fix service charges for	34683
making a guarantee. Such charges shall be payable at such times	34684
and place and in such amounts and manner as may be prescribed by	34685
the director. Moneys received from such charges shall be credited	34686
to the coal research and development bond service fund.	34687

(D) Any guaranteed parties under this section, by any	34688
suitable form of legal proceedings and except to the extent that	34689
their rights are restricted by the guarantee documents, may	34690
protect and enforce any rights under the laws of this state or	34691
granted by such guarantee or guarantee documents. Such rights	34692
include the right to compel the performance of all duties of the	34693
office required by this section or the guarantee or guarantee	34694
documents; and in the event of default with respect to the payment	34695
of any guarantees, to apply to a court having jurisdiction of the	34696
cause to appoint a receiver to receive and administer the moneys	34697
pledged to such guarantee with full power to pay, and to provide	34698
for payment of, such guarantee, and with such powers, subject to	34699
the direction of the court, as are accorded receivers in general	34700
equity cases, excluding any power to pledge or apply additional	34701
revenues or receipts or other income or moneys of this state. Each	34702
duty of the office and its director and employees required or	34703
undertaken under this section or a guarantee made under this	34704
section is hereby established as a duty of the office and of its	34705
director and each such employee having authority to perform such	34706
duty, specifically enjoined by the law resulting from an office,	34707
trust, or station within the meaning of section 2731.01 of the	34708
Revised Code. The persons who are at the time the director of the	34709
office, or its employees, are not liable in their personal	34710
capacities on any guarantees or contracts to make guarantees by	34711
the director.	34712

Sec. 1555.06. Upon application by the director of the Ohio	34713
coal development office ~~with the affirmative vote of a majority of~~	34714
~~the members of the Ohio air quality development authority~~, the	34715
controlling board, from appropriations available to the board, may	34716
provide funds for surveys or studies by the office of any proposed	34717
coal research and development project subject to repayment by the	34718
office from funds available to it, within the time fixed by the	34719
board. Funds to be repaid shall be charged by the office to the	34720
appropriate coal research and development project and the amount	34721
thereof shall be a cost of the project. This section does not	34722
abrogate the authority of the controlling board to otherwise	34723
provide funds for use by the office in the exercise of the powers	34724
granted to it by this chapter.	34725

Sec. 1555.08. (A) Subject to the limitations provided in	34726
Section 15 of Article VIII, Ohio Constitution, the commissioners	34727
of the sinking fund, upon certification by the director of the	34728
Ohio coal development office of the amount of moneys or additional	34729
moneys needed in the coal research and development fund for the	34730
purpose of making grants or loans for allowable costs, or needed	34731
for capitalized interest, for funding reserves, and for paying	34732
costs and expenses incurred in connection with the issuance,	34733
carrying, securing, paying, redeeming, or retirement of the	34734
obligations or any obligations refunded thereby, including payment	34735
of costs and expenses relating to letters of credit, lines of	34736
credit, insurance, put agreements, standby purchase agreements,	34737
indexing, marketing, remarketing and administrative arrangements,	34738
interest swap or hedging agreements, and any other credit	34739
enhancement, liquidity, remarketing, renewal, or refunding	34740
arrangements, all of which are authorized by this section, or	34741
providing moneys for loan guarantees, shall issue obligations of	34742
the state under this section in amounts authorized by the general	34743
assembly; provided that such obligations may be issued to the	34744
extent necessary to satisfy the covenants in contracts of	34745
guarantee made under section 1555.05 of the Revised Code to issue	34746
obligations to meet such guarantees, notwithstanding limitations	34747
otherwise applicable to the issuance of obligations under this	34748
section except the one-hundred-million-dollar limitation provided	34749
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	34750
such obligations, except for the portion to be deposited in the	34751
coal research and development bond service fund as may be provided	34752
in the bond proceedings, shall as provided in the bond proceedings	34753
be deposited in the coal research and development fund. The	34754
commissioners of the sinking fund may appoint trustees, paying	34755
agents, and transfer agents and may retain the services of	34756
financial advisors, accounting experts, and attorneys, and retain	34757
or contract for the services of marketing, remarketing, indexing,	34758
and administrative agents, other consultants, and independent	34759
contractors, including printing services, as are necessary in	34760
their judgment to carry out this section.	34761

(B) The full faith and credit of the state of Ohio is hereby	34762
pledged to obligations issued under this section. The right of the	34763
holders and owners to payment of bond service charges is limited	34764
to all or that portion of the moneys pledged thereto pursuant to	34765
the bond proceedings in accordance with this section, and each	34766
such obligation shall bear on its face a statement to that effect.	34767

(C) Obligations shall be authorized by resolution of the	34768
commissioners of the sinking fund on request of the director of	34769
the Ohio coal development office as provided in section 1555.02 of	34770
the Revised Code and the bond proceedings shall provide for the	34771
purpose thereof and the principal amount or amounts, and shall	34772
provide for or authorize the manner or agency for determining the	34773
principal maturity or maturities, not exceeding forty years from	34774
the date of issuance, the interest rate or rates or the maximum	34775
interest rate, the date of the obligations and the dates of	34776
payment of interest thereon, their denomination, and the	34777
establishment within or without the state of a place or places of	34778
payment of bond service charges. Sections 9.98 to 9.983 of the	34779
Revised Code apply to obligations issued under this section. The	34780
purpose of such obligations may be stated in the bond proceedings	34781
in terms describing the general purpose or purposes to be served.	34782
The bond proceedings shall also provide, subject to the provisions	34783
of any other applicable bond proceedings, for the pledge of all,	34784
or such part as the commissioners of the sinking fund may	34785
determine, of the moneys credited to the coal research and	34786
development bond service fund to the payment of bond service	34787
charges, which pledges may be made either prior or subordinate to	34788
other expenses, claims, or payments and may be made to secure the	34789
obligations on a parity with obligations theretofore or thereafter	34790
issued, if and to the extent provided in the bond proceedings. The	34791
moneys so pledged and thereafter received by the state are	34792
immediately subject to the lien of such pledge without any	34793
physical delivery thereof or further act, and the lien of any such	34794
pledges is valid and binding against all parties having claims of	34795
any kind against the state or any governmental agency of the	34796
state, irrespective of whether such parties have notice thereof,	34797
and shall create a perfected security interest for all purposes of	34798
Chapter 1309. of the Revised Code, without the necessity for	34799
separation or delivery of funds or for the filing or recording of	34800
the bond proceedings by which such pledge is created or any	34801
certificate, statement, or other document with respect thereto;	34802
and the pledge of such moneys is effective and the money therefrom	34803
and thereof may be applied to the purposes for which pledged	34804
without necessity for any act of appropriation. Every pledge, and	34805
every covenant and agreement made with respect thereto, made in	34806
the bond proceedings may therein be extended to the benefit of the	34807
owners and holders of obligations authorized by this section, and	34808
to any trustee therefor, for the further security of the payment	34809
of the bond service charges.	34810

(D) The bond proceedings may contain additional provisions as	34811
to:	34812

(1) The redemption of obligations prior to maturity at the	34813
option of the commissioners of the sinking fund at such price or	34814
prices and under such terms and conditions as are provided in the	34815
bond proceedings;	34816

(2) Other terms of the obligations;

34817

(3) Limitations on the issuance of additional obligations;

34818

(4) The terms of any trust agreement or indenture securing	34819
the obligations or under which the obligations may be issued;	34820

(5) The deposit, investment, and application of the coal	34821
research and development bond service fund, and the safeguarding	34822
of moneys on hand or on deposit, without regard to Chapter 131. or	34823
135. of the Revised Code, but subject to any special provisions of	34824
this chapter, with respect to particular moneys; provided, that	34825
any bank or trust company which acts as depository of any moneys	34826
in the fund may furnish such indemnifying bonds or may pledge such	34827
securities as required by the commissioners of the sinking fund;	34828

(6) Any other provision of the bond proceedings being binding	34829
upon the commissioners of the sinking fund, or such other body or	34830
person as may from time to time have the authority under law to	34831
take such actions as may be necessary to perform all or any part	34832
of the duty required by such provision;	34833

(7) Any provision which may be made in a trust agreement or	34834
indenture;	34835

(8) Any other or additional agreements with the holders of	34836
the obligations, or the trustee therefor, relating to the	34837
obligations or the security therefor, including the assignment of	34838
mortgages or other security obtained or to be obtained for loans	34839
under this chapter.	34840

(E) The obligations may have the great seal of the state or a	34841
facsimile thereof affixed thereto or printed thereon. The	34842
obligations shall be signed by such members of the commissioners	34843
of the sinking fund as are designated in the resolution	34844
authorizing the obligations or bear the facsimile signatures of	34845
such members. Any coupons attached to the obligations shall bear	34846
the facsimile signature of the treasurer of state. Any obligations	34847
may be executed by the persons who, on the date of execution, are	34848
the commissioners although on the date of such bonds the persons	34849
were not the commissioners. Any coupons may be executed by the	34850
person who, on the date of execution, is the treasurer of state	34851
although on the date of such coupons the person was not the	34852
treasurer of state. In case any officer or commissioner whose	34853
signature or a facsimile of whose signature appears on any such	34854
obligations or any coupons ceases to be such officer or	34855
commissioner before delivery thereof, such signature or facsimile	34856
is nevertheless valid and sufficient for all purposes as if the	34857
individual had remained such officer or commissioner until such	34858
delivery; and in case the seal to be affixed to obligations has	34859
been changed after a facsimile of the seal has been imprinted on	34860
such obligations, such facsimile seal shall continue to be	34861
sufficient as to such obligations and obligations issued in	34862
substitution or exchange therefor.	34863

(F) All obligations except loan guarantees are negotiable	34864
instruments and securities under Chapter 1308. of the Revised	34865
Code, subject to the provisions of the bond proceedings as to	34866
registration. The obligations may be issued in coupon or in	34867
registered form, or both, as the commissioners of the sinking fund	34868
determine. Provision may be made for the registration of any	34869
obligations with coupons attached thereto as to principal alone or	34870
as to both principal and interest, their exchange for obligations	34871
so registered, and for the conversion or reconversion into	34872
obligations with coupons attached thereto of any obligations	34873
registered as to both principal and interest, and for reasonable	34874
charges for such registration, exchange, conversion, and	34875
reconversion.	34876

(G) Obligations may be sold at public sale or at private	34877
sale, as determined in the bond proceedings.	34878

(H) Pending preparation of definitive obligations, the	34879
commissioners of the sinking fund may issue interim receipts or	34880
certificates which shall be exchanged for such definitive	34881
obligations.	34882

(I) In the discretion of the commissioners of the sinking	34883
fund, obligations may be secured additionally by a trust agreement	34884
or indenture between the commissioners and a corporate trustee,	34885
which may be any trust company or bank having a place of business	34886
within the state. Any such agreement or indenture may contain the	34887
resolution authorizing the issuance of the obligations, any	34888
provisions that may be contained in any bond proceedings, and	34889
other provisions that are customary or appropriate in an agreement	34890
or indenture of such type, including, but not limited to:	34891

(1) Maintenance of each pledge, trust agreement, indenture,	34892
or other instrument comprising part of the bond proceedings until	34893
the state has fully paid the bond service charges on the	34894
obligations secured thereby, or provision therefor has been made;	34895

(2) In the event of default in any payments required to be	34896
made by the bond proceedings, or any other agreement of the	34897
commissioners of the sinking fund made as a part of the contract	34898
under which the obligations were issued, enforcement of such	34899
payments or agreement by mandamus, the appointment of a receiver,	34900
suit in equity, action at law, or any combination of the	34901
foregoing;	34902

(3) The rights and remedies of the holders of obligations and	34903
of the trustee, and provisions for protecting and enforcing them,	34904
including limitations on rights of individual holders of	34905
obligations;	34906

(4) The replacement of any obligations that become mutilated	34907
or are destroyed, lost, or stolen;	34908

(5) Such other provisions as the trustee and the	34909
commissioners of the sinking fund agree upon, including	34910
limitations, conditions, or qualifications relating to any of the	34911
foregoing.	34912

(J) Any holder of obligations or a trustee under the bond	34913
proceedings, except to the extent that the holder's rights are	34914
restricted by the bond proceedings, may by any suitable form of	34915
legal proceedings protect and enforce any rights under the laws of	34916
this state or granted by such bond proceedings. Such rights	34917
include the right to compel the performance of all duties of the	34918
commissioners of the sinking fund, the ~~Ohio air quality~~department	34919
of development ~~authority~~, or the Ohio coal development office	34920
required by this chapter and Chapter 1551. of the Revised Code or	34921
the bond proceedings; to enjoin unlawful activities; and in the	34922
event of default with respect to the payment of any bond service	34923
charges on any obligations or in the performance of any covenant	34924
or agreement on the part of the commissioners, the ~~authority~~	34925
department, or the office in the bond proceedings, to apply to a	34926
court having jurisdiction of the cause to appoint a receiver to	34927
receive and administer the moneys pledged, other than those in the	34928
custody of the treasurer of state, that are pledged to the payment	34929
of the bond service charges on such obligations or that are the	34930
subject of the covenant or agreement, with full power to pay, and	34931
to provide for payment of bond service charges on, such	34932
obligations, and with such powers, subject to the direction of the	34933
court, as are accorded receivers in general equity cases,	34934
excluding any power to pledge additional revenues or receipts or	34935
other income or moneys of the commissioners of the sinking fund or	34936
the state or governmental agencies of the state to the payment of	34937
such principal and interest and excluding the power to take	34938
possession of, mortgage, or cause the sale or otherwise dispose of	34939
any project.	34940

Each duty of the commissioners of the sinking fund and their	34941
employees, and of each governmental agency and its officers,	34942
members, or employees, undertaken pursuant to the bond proceedings	34943
or any grant, loan, or loan guarantee agreement made under	34944
authority of this chapter, and in every agreement by or with the	34945
commissioners, is hereby established as a duty of the	34946
commissioners, and of each such officer, member, or employee	34947
having authority to perform such duty, specifically enjoined by	34948
the law resulting from an office, trust, or station within the	34949
meaning of section 2731.01 of the Revised Code.	34950

The persons who are at the time the commissioners of the	34951
sinking fund, or their employees, are not liable in their personal	34952
capacities on any obligations issued by the commissioners or any	34953
agreements of or with the commissioners.	34954

(K) Obligations issued under this section are lawful	34955
investments for banks, societies for savings, savings and loan	34956
associations, deposit guarantee associations, trust companies,	34957
trustees, fiduciaries, insurance companies, including domestic for	34958
life and domestic not for life, trustees or other officers having	34959
charge of sinking and bond retirement or other special funds of	34960
political subdivisions and taxing districts of this state, the	34961
commissioners of the sinking fund of the state, the administrator	34962
of workers' compensation, the state teachers retirement system,	34963
the public employees retirement system, the school employees	34964
retirement system, and the Ohio police and fire pension fund,	34965
notwithstanding any other provisions of the Revised Code or rules	34966
adopted pursuant thereto by any governmental agency of the state	34967
with respect to investments by them, and are also acceptable as	34968
security for the deposit of public moneys.	34969

(L) If the law or the instrument creating a trust pursuant to	34970
division (I) of this section expressly permits investment in	34971
direct obligations of the United States or an agency of the United	34972
States, unless expressly prohibited by the instrument, such moneys	34973
also may be invested in no-front-end-load money market mutual	34974
funds consisting exclusively of obligations of the United States	34975
or an agency of the United States and in repurchase agreements,	34976
including those issued by the fiduciary itself, secured by	34977
obligations of the United States or an agency of the United	34978
States; and in collective investment funds established in	34979
accordance with section 1111.14 of the Revised Code and consisting	34980
exclusively of any such securities, notwithstanding division	34981
(A)(1)(c) of that section. The income from such investments shall	34982
be credited to such funds as the commissioners of the sinking fund	34983
determine, and such investments may be sold at such times as the	34984
commissioners determine or authorize.	34985

(M) Provision may be made in the applicable bond proceedings	34986
for the establishment of separate accounts in the bond service	34987
fund and for the application of such accounts only to the	34988
specified bond service charges on obligations pertinent to such	34989
accounts and bond service fund and for other accounts therein	34990
within the general purposes of such fund. Moneys to the credit of	34991
the bond service fund shall be disbursed on the order of the	34992
treasurer of state; provided, that no such order is required for	34993
the payment from the bond service fund when due of bond service	34994
charges on obligations.	34995

(N) The commissioners of the sinking fund may pledge all, or	34996
such portion as they determine, of the receipts of the bond	34997
service fund to the payment of bond service charges on obligations	34998
issued under this section, and for the establishment and	34999
maintenance of any reserves, as provided in the bond proceedings,	35000
and make other provisions therein with respect to pledged receipts	35001
as authorized by this chapter, which provisions control	35002
notwithstanding any other provisions of law pertaining thereto.	35003

(O) The commissioners of the sinking fund may covenant in the	35004
bond proceedings, and any such covenants control notwithstanding	35005
any other provision of law, that the state and applicable officers	35006
and governmental agencies of the state, including the general	35007
assembly, so long as any obligations are outstanding, shall:	35008

(1) Maintain statutory authority for and cause to be levied	35009
and collected taxes so that the pledged receipts are sufficient in	35010
amount to meet bond service charges, and the establishment and	35011
maintenance of any reserves and other requirements provided for in	35012
the bond proceedings, and, as necessary, to meet covenants	35013
contained in any loan guarantees made under this chapter;	35014

(2) Take or permit no action, by statute or otherwise, that	35015
would impair the exemption from federal income taxation of the	35016
interest on the obligations.	35017

(P) All moneys received by or on account of the state and	35018
required by the applicable bond proceedings, consistent with this	35019
section, to be deposited, transferred, or credited to the coal	35020
research and development bond service fund, and all other moneys	35021
transferred or allocated to or received for the purposes of the	35022
fund, shall be credited to such fund and to any separate accounts	35023
therein, subject to applicable provisions of the bond proceedings,	35024
but without necessity for any act of appropriation. During the	35025
period beginning with the date of the first issuance of	35026
obligations and continuing during such time as any such	35027
obligations are outstanding, and so long as moneys in the bond	35028
service fund are insufficient to pay all bond service charges on	35029
such obligations becoming due in each year, a sufficient amount of	35030
moneys of the state are committed and shall be paid to the bond	35031
service fund in each year for the purpose of paying the bond	35032
service charges becoming due in that year without necessity for	35033
further act of appropriation for such purpose. The bond service	35034
fund is a trust fund and is hereby pledged to the payment of bond	35035
service charges to the extent provided in the applicable bond	35036
proceedings, and payment thereof from such fund shall be made or	35037
provided for by the treasurer of state in accordance with such	35038
bond proceedings without necessity for any act of appropriation.	35039
All investment earnings of the fund shall be credited to the fund.	35040

(Q) For purposes of establishing the limitations contained in	35041
Section 15 of Article VIII, Ohio Constitution, the "principal	35042
amount" refers to the aggregate of the offering price of the bonds	35043
or notes. "Principal amount" does not refer to the aggregate value	35044
at maturity or redemption of the bonds or notes.	35045

(R) This section applies only with respect to obligations	35046
issued and delivered prior to September 30, 2000.	35047

Sec. 1555.17. All final actions of the director of the Ohio	35048
coal development office shall be journalized and such journal	35049
shall be open to inspection of the public at all reasonable times.	35050
Any materials or data, to the extent that they consist of trade	35051
secrets, as defined in section 1333.61 of the Revised Code, or	35052
other proprietary information, that are submitted or made	35053
available to, or received by, the ~~Ohio air quality~~department of	35054
development ~~authority~~ or the director of the Ohio coal development	35055
office, in connection with agreements for assistance entered into	35056
under this chapter or Chapter 1551. of the Revised Code, or any	35057
information taken from those materials or data, are not public	35058
records for the purposes of section 149.43 of the Revised Code.	35059

Sec. 1561.06. The chief of the division of mineral resources	35060
management shall designate the townships in which mineable or	35061
quarryable coal or other mineral is or may be mined or quarried,	35062
which townships shall be considered coal or mineral bearing	35063
townships. The chief shall divide the coal or other mineral	35064
bearing townships into such districts as the chief deems best for	35065
inspection purposes, and the chief may change such districts	35066
whenever, in the chief's judgment, the best interests of the	35067
service require.	35068

The chief shall designate as provided in this section as coal	35069
or mineral bearing townships those townships in which coal is	35070
being mined or in which coal is found in such thickness as to make	35071
the mining of ~~such~~the coal or mineral probable at some future	35072
time, and shall designate ~~such~~the township as a unit. As used in	35073
this chapter and Chapters 1563., 1565., and 1567. of the Revised	35074
Code, "coal or mineral bearing township" means a township that has	35075
been so designated by the chief under this section.	35076

The chief shall also designate the townships in which coal is	35077
being mined or in which coal is found in such thickness as to make	35078
the mining of ~~such~~the coal probable at some future time as "coal	35079
bearing townships" as ~~such~~that term is used in Chapter 1509. of	35080
the Revised Code. The chief shall certify to the chief of the	35081
division of oil and gas resources management the townships that	35082
are designated as coal bearing townships.	35083

Sec. 1561.12. An applicant for any examination or	35084
certificate under this section shall, before being examined,	35085
register the applicant's name with the chief of the division of	35086
mineral resources management and file with the chief an affidavit	35087
as to all matters of fact establishing the applicant's right to	35088
receive the examination, a certificate of good character and	35089
temperate habits signed by at least three reputable citizens of	35090
the community in which the applicant resides, and a certificate	35091
from a reputable and disinterested physician as to the physical	35092
condition of ~~such~~the applicant showing that the applicant is	35093
physically capable of performing the duties of the office or	35094
position.	35095

Each applicant for examination for any of the following	35096
positions shall present evidence satisfactory to the chief that	35097
the applicant has been a resident and citizen of this state for	35098
two years next preceding the date of application:	35099

(A) An applicant for the position of deputy mine inspector of	35100
underground mines shall have had actual practical experience of	35101
not less than six years, at least two of which shall have been in	35102
the underground workings of mines in this state. In the case of an	35103
applicant who would inspect underground coal mines, the two years	35104
shall consist of actual practical experience in underground coal	35105
mines. In the case of an applicant who would inspect noncoal	35106
mines, the two years shall consist of actual practical experience	35107
in noncoal mines. In lieu of two years of the actual practical	35108
experience required, the chief may accept as the equivalent	35109
thereof a certificate evidencing graduation from an accredited	35110
school of mines or mining, after a four-year course of study, but	35111
such credit shall not apply as to the two years' actual practical	35112
experience required in the mines in this state.	35113

The applicant shall pass an examination as to the applicant's	35114
practical and technological knowledge of mine surveying, mining	35115
machinery, and appliances; the proper development and operation of	35116
mines; the best methods of working and ventilating mines; the	35117
nature, properties, and powers of noxious, poisonous, and	35118
explosive gases, particularly methane; the best means and methods	35119
of detecting, preventing, and removing the accumulation of such	35120
gases; the use and operation of gas detecting devices and	35121
appliances; first aid to the injured; and the uses and dangers of	35122
electricity as applied and used in, at, and around mines. ~~Such~~The	35123
applicant shall also hold a certificate for foreperson of gaseous	35124
mines issued by the chief.	35125

(B) An applicant for the position of deputy mine inspector of	35126
surface mines shall have had actual practical mining experience of	35127
not less than six years, at least two of which shall have been in	35128
surface mines in this state. In lieu of two years of the actual	35129
practical experience required, the chief may accept as the	35130
equivalent thereof a certificate evidencing graduation from an	35131
accredited school of mines or mining, after a four-year course of	35132
study, but that credit shall not apply as to the two years' actual	35133
practical experience required in the mines in this state. The	35134
applicant shall pass an examination as to the applicant's	35135
practical and technological knowledge of surface mine surveying,	35136
machinery, and appliances; the proper development and operations	35137
of surface mines; first aid to the injured; and the use and	35138
dangers of explosives and electricity as applied and used in, at,	35139
and around surface mines. The applicant shall also hold a surface	35140
mine foreperson certificate issued by the chief.	35141

(C) An applicant for the position of electrical inspector	35142
shall have had at least five years' practical experience in the	35143
installation and maintenance of electrical circuits and equipment	35144
in mines, and the applicant shall be thoroughly familiar with the	35145
principles underlying the safety features of permissible and	35146
approved equipment as authorized and used in mines.	35147

The applicant shall be required to pass the examination	35148
required for deputy mine inspectors and an examination testing and	35149
determining the applicant's qualification and ability to	35150
competently inspect and administer the mining law that relates to	35151
electricity used in and around mines and mining in this state.	35152

(D) An applicant for the position of superintendent or	35153
assistant superintendent of rescue stations shall possess the same	35154
qualifications as those required for a deputy mine inspector. In	35155
addition, the applicant shall present evidence satisfactory to the	35156
chief that the applicant is sufficiently qualified and trained to	35157
organize, supervise, and conduct group training classes in first	35158
aid, safety, and rescue work.	35159

The applicant shall pass the examination required for deputy	35160
mine inspectors and shall be tested as to the applicant's	35161
practical and technological experience and training in first aid,	35162
safety, and mine rescue work.	35163

(E) An applicant for the position of mine chemist shall have	35164
such educational training as is represented by the degree MS in	35165
chemistry from a university of recognized standing, and at least	35166
five years of actual practical experience in research work in	35167
chemistry or as an assistant chemist. The chief may provide that	35168
an equivalent combination of education and experience together	35169
with a wide knowledge of the methods of and skill in chemical	35170
analysis and research may be accepted in lieu of the above	35171
qualifications. It is preferred that ~~such~~the chemist shall have	35172
had actual experience in mineralogy and metallurgy.	35173

~~(F) An applicant for the position of gas storage well~~	35174
~~inspector shall possess the same qualifications as an applicant~~	35175
~~for the position of deputy mine inspector and shall have a~~	35176
~~practical knowledge and experience of and in the operation,~~	35177
~~location, drilling, maintenance, and abandonment of oil and gas~~	35178
~~wells, especially in coal or mineral bearing townships, and shall~~	35179
~~have a thorough knowledge of the latest and best method of~~	35180
~~plugging and sealing abandoned oil and gas wells.~~	35181

~~Such applicant for gas storage well inspector shall pass an~~	35182
~~examination conducted by the chief to determine the applicant's~~	35183
~~fitness to act as a gas storage well inspector before being~~	35184
~~eligible for appointment.~~	35185

Sec. 1561.13. The chief of the division of mineral resources	35186
management shall conduct examinations for offices and positions in	35187
the division of mineral resources management, and for mine	35188
forepersons, mine electricians, shot firers, surface mine	35189
blasters, and fire bosses, as follows:	35190

(A) Division of mineral resources management:

35191

(1) Deputy mine inspectors of underground mines;

35192

(2) Deputy mine inspectors of surface mines;

35193

(3) Electrical inspectors;

35194

(4) Superintendent of rescue stations;

35195

(5) Assistant superintendents of rescue stations;

35196

(6) Mine chemists at a division laboratory if the chief	35197
chooses to operate a laboratory;	35198

~~(7) Gas storage well inspector~~.

35199

(B) Mine forepersons:

35200

(1) Mine foreperson of gaseous mines;

35201

(2) Mine foreperson of nongaseous mines;

35202

(3) Mine foreperson of surface mines.

35203

35204

(1) Foreperson of gaseous mines;

35205

(2) Foreperson of nongaseous mines;

35206

(3) Foreperson of surface maintenance facilities at	35207
underground or surface mines;	35208

(4) Foreperson of surface mines.

35209

(D) Fire bosses.

35210

(E) Mine electricians.

35211

(F) Surface mine blasters.

35212

(G) Shot firers.

35213

The chief annually shall provide for the examination of	35214
candidates for appointment or promotion as deputy mine inspectors	35215
and such other positions and offices set forth in division (A) of	35216
this section as are necessary. Special examinations may be held	35217
whenever it becomes necessary to make appointments to any of those	35218
positions.	35219

The chief shall provide for the examination of persons	35220
seeking certificates of competency as mine forepersons,	35221
forepersons, mine electricians, shot firers, surface mine	35222
blasters, and fire bosses quarterly or more often as required, at	35223
such times and places within the state as shall, in the judgment	35224
of the chief, afford the best facilities to the greatest number of	35225
applicants. Public notice shall be given through the press or	35226
otherwise, not less than ten days in advance, announcing the time	35227
and place at which examinations under this section are to be held.	35228

The examinations provided for in this section shall be	35229
conducted under rules adopted under section 1561.05 of the Revised	35230
Code and conditions prescribed by the chief. Any rules that relate	35231
to particular candidates shall, upon application of any candidate,	35232
be furnished to the candidate by the chief; they shall also be of	35233
uniform application to all candidates in the several groups.	35234

Sec. 1561.35. If the deputy mine inspector finds that any	35235
matter, thing, or practice connected with any mine and not	35236
prohibited specifically by law is dangerous or hazardous, or that	35237
from a rigid enforcement of this chapter and Chapters ~~1509.,~~	35238
1563., 1565., and 1567. and applicable provisions of Chapter 1509.	35239
of the Revised Code, the matter, thing, or practice would become	35240
dangerous and hazardous so as to tend to the bodily injury of any	35241
person, the deputy mine inspector forthwith shall give notice in	35242
writing to the owner, lessee, or agent of the mine of the	35243
particulars in which the deputy mine inspector considers the mine	35244
or any matter, thing, or practice connected therewith is dangerous	35245
or hazardous and recommend changes that the conditions require,	35246
and forthwith shall mail a copy of the report and the deputy mine	35247
inspector's recommendations to the chief of the division of	35248
mineral resources management. Upon receipt of the report and	35249
recommendations, the chief forthwith shall make a finding thereon	35250
and mail a copy to the owner, operator, lessee, or agent of the	35251
mine, and to the deputy mine inspector; a copy of the finding of	35252
the chief shall be posted upon the bulletin board of the mine.	35253
Where the miners have a mine safety committee, one additional copy	35254
shall be posted on the bulletin board for the use and possession	35255
of the committee.	35256

The owner, operator, lessee, or agent of the mine, or the	35257
authorized representative of the workers of the mine, within ten	35258
days may appeal to the reclamation commission for a review and	35259
redetermination of the finding of the chief in the matter in	35260
accordance with section 1513.13 of the Revised Code,	35261
notwithstanding division (A)(1) of that section, which provides	35262
for appeals within thirty days. A copy of the decision of the	35263
commission shall be mailed as required by this section for the	35264
mailing of the finding by the chief on the deputy mine inspector's	35265
report.	35266

Sec. 1561.49. The chief of the division of mineral resources	35267
management may designate not more than thirty deputy mine	35268
inspectors, at least one of whom shall be classified and appointed	35269
as electrical inspector provided for in division (B) of section	35270
1561.12 of the Revised Code; ~~one gas storage well inspector;~~ one	35271
superintendent of rescue stations; three assistant superintendents	35272
of rescue stations; three chemists; and such clerks,	35273
stenographers, and other employees as are necessary for the	35274
administration of this chapter and Chapters 1563., 1565., and	35275
1567., and applicable provisions of Chapter 1509. of the Revised	35276
Code.	35277

Such officers, employees, and personnel shall be appointed	35278
and employed under such conditions and qualifications as set forth	35279
in ~~such~~those chapters.	35280

Sec. 1563.06. For the purpose of making the examinations	35281
provided for in this chapter and Chapters ~~1509.,~~ 1561., 1565., and	35282
1567. and applicable provisions of Chapter 1509. of the Revised	35283
Code, the chief of the division of mineral resources management,	35284
and each deputy mine inspector, may enter any mine at a reasonable	35285
time, by day or by night, but in such manner as will not	35286
necessarily impede the working of the mine, and the owner, lessee,	35287
or agent thereof shall furnish the means necessary for such entry	35288
and examination.	35289

Sec. 1563.24. In all mines generating methane in such	35290
quantities as to be considered a gaseous mine under section	35291
1563.02 of the Revised Code, the mine foreperson of such a mine	35292
shall:	35293

(A) Employ a sufficient number of competent persons holding	35294
foreperson of gaseous mines or fire boss certificates, except as	35295
provided in section 1565.02 of the Revised Code, to examine the	35296
working places whether they are in actual course of working or	35297
not, and the traveling ways and entrances to old workings with	35298
approved flame safety lamps, all of which shall be done not more	35299
than three hours prior to the time fixed for the employees to	35300
enter ~~such~~the mine;	35301

(B) Have all old parts of the mine not in the actual course	35302
of working, but that are open and safe to travel, examined not	35303
less than once each three days by a competent person who holds a	35304
foreperson of gaseous mines or a fire boss certificate;	35305

(C) See that all parts of the mine not sealed off as provided	35306
in section 1563.41 of the Revised Code are kept free from standing	35307
gas, and upon the discovery of any standing gas, see that the	35308
entrance to the place where the gas is so discovered is fenced off	35309
and marked with a sign upon which is written the word "danger,"	35310
and ~~such~~the sign shall so remain until ~~such~~the gas has been	35311
removed;	35312

(D) Have the mine examined on all idle days, holidays, and	35313
Sundays on which employees are required to work therein;	35314

(E) If more than three hours elapse between shifts, have the	35315
places in which the succeeding shift works examined by a competent	35316
person who holds a foreperson of gaseous mines or fire boss	35317
certificate;	35318

(F) See that this chapter and Chapters ~~1509.,~~ 1561., 1565.,	35319
and 1567. and applicable provisions of Chapter 1509. of the	35320
Revised Code, with regard to examination of working places,	35321
removal of standing gas, and fencing off of dangerous places, are	35322
complied with before the employees employed by the mine foreperson	35323
for this particular work are permitted to do any other work;	35324

(G) Have a report made on the blackboard provided for in	35325
section 1567.06 of the Revised Code, which report shall show the	35326
condition of the mine as to the presence of gas and the place	35327
where such gas is present, if there is any, before the mine	35328
foreperson permits the employees to enter the mine;	35329

(H) Have reports of the duties and activities enumerated in	35330
this section signed by the person who makes ~~such~~the examination.	35331
The reports so signed shall be sent once each week to the deputy	35332
mine inspector of the district in which the mine is located on	35333
blanks furnished by the division of mineral resources management	35334
for that purpose, and a copy of ~~such~~the report shall be kept on	35335
file at the mine.	35336

(I) Have the fire boss record a report after each	35337
examination, in ink, in the fire boss' record book, which book	35338
shall show the time taken in making the examination and also	35339
clearly state the nature and location of any danger that was	35340
discovered in any room, entry, or other place in the mine, and, if	35341
any danger was discovered, the fire boss shall immediately report	35342
the location thereof to the mine foreperson.	35343

No person shall enter the mine until the fire bosses return	35344
to the mine office on the surface, or to a station located in the	35345
mine, where a record book as provided for in this section shall be	35346
kept and signed by the person making the examination, and report	35347
to the oncoming mine foreperson that the mine is in safe condition	35348
for the employees to enter. When a station is located in any mine,	35349
the fire bosses shall sign also the report entered in the record	35350
book in the mine office on the surface. The record books of the	35351
fire bosses shall at all times during working hours be accessible	35352
to the deputy mine inspector and the employees of the mine.	35353

In every mine generating explosive gas in quantities	35354
sufficient to be detected by an approved flame safety lamp, when	35355
the working portions are one mile or more from the entrance to the	35356
mine or from the bottom of the shaft or slope, a permanent station	35357
of suitable dimensions may be erected by the mine foreperson,	35358
provided that the location is approved by the deputy mine	35359
inspector, for the use of the fire bosses, and a fireproof vault	35360
of ample strength shall be erected in ~~such~~the station of brick,	35361
stone, or concrete, in which the temporary record book of the fire	35362
bosses, as described in this section, shall be kept. No person,	35363
except a mine foreperson of gaseous mines, and in case of	35364
necessity such other persons as are designated by the mine	35365
foreperson, shall pass beyond the permanent station and danger	35366
signal until the mine has been examined by a fire boss, and the	35367
mine or certain portions thereof reported by the fire boss to be	35368
safe.	35369

This section does not prevent a mine foreperson or foreperson	35370
of gaseous mines from being qualified to act and acting in the	35371
capacity of fire boss. The record book shall be supplied by the	35372
division and purchased by the operator.	35373

No mine foreperson or person delegated by the mine	35374
foreperson, or any operator of a mine, or other person, shall	35375
refuse or neglect to comply with this section.	35376

Sec. 1563.28. The ~~man~~worker performing the duties of fire	35377
boss shall, in an approved manner, use a flame safety lamp when	35378
making examinations under this chapter and Chapters ~~1509.,~~ 1561.,	35379
1565., and 1567. and applicable provisions of Chapter 1509. of the	35380
Revised Code. As evidence of such examinations hethe fire boss	35381
shall mark with chalk, upon the face of the coal or in some other	35382
conspicuous place, ~~his~~the fire boss's initials and the date of	35383
the month that ~~such~~the examination is made, and shall fully	35384
comply with all the law relating to gas and ~~his~~the fire boss's	35385
duties as to making such examinations. After making ~~his~~such an	35386
examination and report, prior to employees entering the mine for	35387
the oncoming shift, hethe fire boss who made the examination or	35388
another fire boss shall return to the working places with the	35389
employees at the starting time of the oncoming shift.	35390

No person shall refuse or neglect to comply with this	35391
section.	35392

Sec. 1571.01. As used in this chapter, unless other meaning	35393
is clearly indicated in the context:	35394

(A) "Gas storage reservoir" or "storage reservoir" or	35395
"reservoir" means a continuous area of a subterranean porous sand	35396
or rock stratum or strata, any part of which or of the protective	35397
area of which, is within a coal bearing township, into which gas	35398
is or may be injected for the purpose of storing it therein and	35399
removing it therefrom, or for the purpose of testing whether such	35400
stratum is suitable for such storage purposes.	35401

(B) "Gas" means any natural, manufactured, or by-product gas	35402
or any mixture thereof.	35403

(C) "Reservoir operator" or "operator," when used in	35404
referring to the operator of a gas storage reservoir, means a	35405
person who is engaged in the work of preparing to inject, or who	35406
injects gas into, or who stores gas in, or who removes gas from, a	35407
gas storage reservoir, and who owns the right to do so.	35408

(D)(1) "Boundary," when used in referring to the boundary of	35409
a gas storage reservoir, means the boundary of such reservoir as	35410
shown on the map or maps thereof on file in the division of	35411
~~mineral~~oil and gas resources management as required by this	35412
chapter.	35413

(2) "Boundary," when used in referring to the boundary of a	35414
reservoir protective area, means the boundary of such reservoir	35415
protective area as shown on the map or maps thereof on file in the	35416
division as required by this chapter.	35417

(E) "Reservoir protective area" or "reservoir's protective	35418
area" means the area of land outside the boundary of a gas storage	35419
reservoir shown as such on the map or maps thereof on file in the	35420
division as required by this chapter. The area of land shown on	35421
such map or maps as such reservoir protective area shall be	35422
outside the boundary of such reservoir, and shall encircle such	35423
reservoir and touch all parts of the boundary of such reservoir,	35424
and no part of the outside boundary of such protective area shall	35425
be less than two thousand nor more than five thousand linear feet	35426
distant from the boundary of such reservoir.	35427

(F) "Coal bearing township" means a township designated as a	35428
coal bearing township by the chief of the division of mineral	35429
resources management as required by section 1561.06 of the Revised	35430
Code.	35431

(G) "Coal mine" means the underground excavations of a mine	35432
that are being used or are usable or are being developed for use	35433
in connection with the extraction of coal from its natural deposit	35434
in the earth. "Underground excavations," when used in referring to	35435
the underground excavations of a coal mine, includes the abandoned	35436
underground excavations of such mine. It also includes the	35437
underground excavations of an abandoned coal mine if such	35438
abandoned mine is connected with underground excavations of a coal	35439
mine. "Coal mine" does not mean or include:	35440

(1) A mine in which coal is extracted from its natural	35441
deposit in the earth by strip or open pit mining methods or by	35442
other methods by which individuals are not required to go	35443
underground in connection with the extraction of coal from its	35444
natural deposit in the earth;	35445

(2) A mine in which not more than fourteen individuals are	35446
regularly employed underground.	35447

(H) "Operator," when used in referring to the operator of a	35448
coal mine, means a person who engages in the work of developing	35449
such mine for use in extracting coal from its natural deposit in	35450
the earth, or who so uses such mine, and who owns the right to do	35451
so.	35452

(I) "Boundary," when used in referring to the boundary of a	35453
coal mine, means the boundary of the underground excavations of	35454
such mine as shown on the maps of such mine on file in the	35455
division of mineral resources management as required by sections	35456
1563.03 to 1563.05 and 1571.03 of the Revised Code.	35457

(J) "Mine protective area" or "mine's protective area" means	35458
the area of land that the operator of a coal mine designates and	35459
shows as such on the map or maps of such coal mine filed with the	35460
division as required by sections 1563.03 to 1563.05 and 1571.03 of	35461
the Revised Code. Such area of land shall be outside of the	35462
boundary of such coal mine, but some part of the boundary of such	35463
area of land shall abut upon a part of the boundary of such coal	35464
mine. Such area of land shall be comprised of such tracts of land	35465
in which such coal mine operator owns the right to extract coal	35466
therefrom by underground mining methods and in which underground	35467
excavations of such coal mine are likely to be made within the	35468
ensuing year for use in connection with the extraction of coal	35469
therefrom.	35470

(K) "Pillar" means a solid block of coal or other material	35471
left unmined to support the overlying strata in a coal mine, or to	35472
protect a well.	35473

(L) "Retreat mining" means the removal of pillars and ribs	35474
and stumps and other coal remaining in a section of a coal mine	35475
after the development mining has been completed in such section.	35476

(M) "Linear feet," when used to indicate distance between two	35477
points that are not in the same plane, means the length in feet of	35478
the shortest horizontal line that connects two lines projected	35479
vertically upward or downward from the two points.	35480

(N) "Map" means a graphic representation of the location and	35481
size of the existing or proposed items it is made to represent,	35482
accurately drawn according to a given scale.	35483

(O) "Well" means any hole, drilled or bored, or being drilled	35484
or bored, into the earth, whether for the purpose of, or whether	35485
used for:	35486

(1) Producing or extracting any gas or liquid mineral, or	35487
natural or artificial brines, or oil field waters;	35488

(2) Injecting gas into or removing gas from an underground	35489
gas storage reservoir;	35490

(3) Introducing water or other liquid pressure into an oil	35491
bearing sand to recover oil contained in such sand, provided that	35492
"well" does not mean a hole drilled or bored, or being drilled or	35493
bored, into the earth, whether for the purpose of, or whether used	35494
for, producing or extracting potable water to be used as such.	35495

(P) "Testing" means injecting gas into, or storing gas in or	35496
removing gas from, a gas storage reservoir for the sole purpose of	35497
determining whether such reservoir is suitable for use as a gas	35498
storage reservoir.	35499

(Q) "Casing" means a string or strings of pipe commonly	35500
placed in a well.	35501

(R) "Inactivate" means to shut off temporarily all flow of	35502
gas from a well at a point below the horizon of the coal mine that	35503
might be affected by such flow of gas, by means of a plug or other	35504
suitable device or by injecting water, bentonite, or some other	35505
equally nonporous material into the well, or any other method	35506
approved by ~~the mineral~~an oil and gas resources inspector.	35507

(S) "Gas storage well inspector" means the gas storage well	35508
inspector in the division.	35509

(T) The verb "open" or the noun "opening," when used in	35510
clauses relating to the time when a coal mine operator intends to	35511
open a new coal mine, or the time when a new coal mine is opened,	35512
or the time of the opening of a new coal mine, or when used in	35513
other similar clauses to convey like meanings, means that time and	35514
condition in the initial development of a new coal mine when the	35515
second opening required by section 1563.14 of the Revised Code is	35516
completed in such mine.	35517

Sec. 1571.012. An applicant for the position of gas storage	35518
well inspector shall register the applicant's name with the chief	35519
of the division of oil and gas resources management and file with	35520
the chief an affidavit as to all matters of fact establishing the	35521
applicant's right to take the examination for that position, a	35522
certificate of good character and temperate habits signed by at	35523
least three reputable citizens of the community in which the	35524
applicant resides, and a certificate from a reputable and	35525
disinterested physician as to the physical condition of the	35526
applicant showing that the applicant is physically capable of	35527
performing the duties of the position. The applicant also shall	35528
present evidence satisfactory to the chief that the applicant has	35529
been a resident and citizen of this state for at least two years	35530
next preceding the date of application.	35531

An applicant shall possess the same qualifications as an	35532
applicant for the position of deputy mine inspector established in	35533
section 1561.12 of the Revised Code. In addition, the applicant	35534
shall have practical knowledge and experience of and in the	35535
operation, location, drilling, maintenance, and abandonment of oil	35536
and gas wells, especially in coal or mineral bearing townships,	35537
and shall have a thorough knowledge of the latest and best method	35538
of plugging and sealing abandoned oil and gas wells.	35539

An applicant for gas storage well inspector shall pass an	35540
examination conducted by the chief to determine the applicant's	35541
fitness to act as gas storage well inspector before being eligible	35542
for appointment.	35543

Sec. 1571.013. (A) The chief of the division of oil and gas	35544
resources management shall conduct examinations for the position	35545
of gas storage well inspector. The chief annually shall provide	35546
for the examination of candidates for appointment as gas storage	35547
well inspector. Special examinations may be held whenever it	35548
becomes necessary to make an appointment of gas storage well	35549
inspector.	35550

(B) Public notice shall be given through the press or	35551
otherwise, not less than ten days in advance, announcing the time	35552
and place at which examinations under this section are to be held.	35553

(C) The examinations provided for in this section shall be	35554
conducted in accordance with rules adopted under section 1571.014	35555
of the Revised Code and conditions prescribed by the chief.	35556

Sec. 1571.014. The chief of the division of oil and gas	35557
resources management shall appoint a gas storage well inspector	35558
from the eligible list of candidates for that position that is	35559
prepared under section 124.24 of the Revised Code. If a vacancy	35560
occurs in the position of gas storage well inspector, the chief	35561
shall fill the position by selecting a person from that list.	35562

The chief shall adopt rules in accordance with Chapter 119.	35563
of the Revised Code that are necessary for conducting examinations	35564
for the position of gas storage well inspector.	35565

Sec. 1571.02. (A) Any reservoir operator who, on September	35566
9, 1957, is injecting gas into, storing gas in, or removing gas	35567
from a reservoir shall within sixty days after such date file with	35568
the division of ~~mineral~~oil and gas resources management a map	35569
thereof as described in division (C) of this section, provided	35570
that if a reservoir operator is, on September 9, 1957, injecting	35571
gas into or storing gas in a reservoir solely for testing, the	35572
reservoir operator shall at once file such map with the division.	35573

(B) If the injection of gas into or storage of gas in a gas	35574
storage reservoir is begun after September 9, 1957, the operator	35575
of such reservoir shall file with the division a map thereof as	35576
described in division (C) of this section, on the same day and not	35577
less than three months prior to beginning such injection or	35578
storage.	35579

(C) Each map filed with the division pursuant to this section	35580
shall be prepared by a registered surveyor, registered engineer,	35581
or competent geologist. It shall show both of the following:	35582

(1) The location of the boundary of such reservoir and the	35583
boundary of such reservoir's protective area, and the known fixed	35584
monuments, corner stones, or other permanent markers in such	35585
boundary lines;	35586

(2) The boundary lines of the counties, townships, and	35587
sections or lots that are within the limits of such map, and the	35588
name of each such county and township and the number of each such	35589
section or lot clearly indicated thereon. The legend of the map	35590
shall indicate the stratum or strata in which the gas storage	35591
reservoir is located.	35592

The location of the boundary of the gas storage reservoir as	35593
shown on the map shall be defined by the location of those wells	35594
around the periphery of such reservoir that had no gas production	35595
when drilled into the storage stratum of such reservoir, provided	35596
that if the operator of such reservoir, upon taking into	35597
consideration the number and nature of such wells, the geological	35598
and production knowledge of the storage stratum, its character,	35599
permeability, and distribution, and operating experience,	35600
determines that the location of the boundary of such reservoir	35601
should be differently defined, the reservoir operator may, on such	35602
map, show the boundary of such reservoir to be located at a	35603
location different than the location defined by the location of	35604
those wells around the periphery of such reservoir that had no gas	35605
production when drilled into the storage stratum.	35606

Whenever the operator of a gas storage reservoir determines	35607
that the location of the boundary of such reservoir as shown on	35608
the most recent map thereof on file in the division pursuant to	35609
this section is incorrect, the reservoir operator shall file with	35610
the division an amended map showing the boundary of such reservoir	35611
to be located at the location that the reservoir operator then	35612
considers to be correct.	35613

(D) Each operator of a gas storage reservoir who files with	35614
the division a map as required by this section shall, at the end	35615
of each six-month period following the date of such filing, file	35616
with the division an amended map showing changes, if any, in the	35617
boundary line of such reservoir or of such reservoir's protective	35618
area that have occurred in the six-month period. Nothing in this	35619
division shall be construed to require such a reservoir operator	35620
to file an amended map at the end of any such six-month period if	35621
no such boundary changes have occurred in such period.	35622

An operator of a gas storage reservoir who is required by	35623
this section to file an amended map with the division shall not be	35624
required to so file such an amended map after such time when the	35625
reservoir operator files with the division a map pertaining to	35626
such reservoir, as provided in section 1571.04 of the Revised	35627
Code.	35628

Sec. 1571.03. (A) Every operator of a coal mine who is	35629
required by sections 1563.03 to 1563.05 of the Revised Code, to	35630
file maps of such mine, shall cause to be shown on each of such	35631
maps, in addition to the boundary lines of each tract under which	35632
excavations are likely to be made during the ensuing year, as	35633
referred to in section 1563.03 of the Revised Code:	35634

(1) The boundary of such coal mine in accordance with the	35635
meaning of the term "boundary" ~~when used in referring to the~~	35636
~~boundary of a coal mine, and the term "coal mine" as those terms~~	35637
~~are defined~~ in section 1571.01 of the Revised Code;	35638

(2) The boundary of the mine protective area of such mine.

35639

This division shall not be construed to amend or repeal any	35640
provisions of sections 1563.03 to 1563.05 of the Revised Code,	35641
either by implication or otherwise.	35642

This division is intended only to add to existing statutory	35643
requirements pertaining to the filing of coal mine maps with the	35644
division of mineral resources management, the requirements	35645
established in this division.	35646

(B) Every operator of a coal mine who believes that any part	35647
of the boundary of such mine is within two thousand linear feet of	35648
a well that is drilled through the horizon of such coal mine and	35649
into or through the storage stratum or strata of a gas storage	35650
reservoir within the boundary of such reservoir or within its	35651
protective area, shall at once send notice to that effect by	35652
registered mail to the operator of such reservoir, the division of	35653
mineral resources management, and to the division of oil and gas	35654
resources management.	35655

(C) Every operator of a coal mine who expects that any part	35656
of the boundary of such mine will, on a date after September 9,	35657
1957, be extended beyond its location on such date to a point	35658
within two thousand linear feet of a well that is drilled through	35659
the horizon of such mine and into or through the stratum or strata	35660
of a gas storage reservoir within the boundary of such reservoir	35661
or within its protective area, shall send at least nine months'	35662
notice of such date and of the location of such well by registered	35663
mail to the operator of such reservoir, the division of mineral	35664
resources management, and to the division of oil and gas resources	35665
management. If at the end of three years after the date stated in	35666
the notice by an operator of a coal mine to an operator of a	35667
storage reservoir as the date upon which part of the boundary of	35668
such coal mine is expected to be extended to a point within two	35669
thousand linear feet of such well, no part of such coal mine is so	35670
extended, the operator of such coal mine shall be liable to the	35671
operator of such storage reservoir for all expenses incurred by	35672
such reservoir operator in doing the plugging or reconditioning of	35673
such well as the reservoir operator is required to do in such	35674
cases as provided in section 1571.05 of the Revised Code. Such	35675
mine operator shall in no event be liable to such reservoir	35676
operator:	35677

(1) For expenses of plugging or reconditioning such well	35678
incurred prior to receipt by such reservoir operator from such	35679
mine operator of a notice as provided for in this division;	35680

(2) For any expenses of plugging or reconditioning such well	35681
if any part of the work of plugging or reconditioning was	35682
commenced prior to receipt by such reservoir operator from such	35683
mine operator of a notice as provided for in this division.	35684

(D) If a person intends to open a new coal mine after	35685
September 9, 1957, and if at the time of its opening any part of	35686
the boundary of such mine will be within two thousand linear feet	35687
of a well that is drilled through the horizon of such mine and	35688
into or through the storage stratum or strata of a gas storage	35689
reservoir within the boundary of such reservoir or within its	35690
protective area, such person shall send by registered mail to the	35691
operator of such storage reservoir, the division of mineral	35692
resources management, and to the division of oil and gas resources	35693
management at least nine months' notice of the date upon which the	35694
person intends to open such mine, and of the location of such	35695
well. If at the end of nine months after the date stated in the	35696
notice by an operator of a coal mine to an operator of a storage	35697
reservoir, the division of mineral resources management, and to	35698
the division of oil and gas resources management, as the date upon	35699
which such coal mine operator intends to open such new mine, such	35700
new mine is not opened, the operator of such coal mine shall be	35701
liable to the operator of such storage reservoir for all expenses	35702
incurred by such reservoir operator in doing the plugging or	35703
reconditioning of such well as the reservoir operator is required	35704
to do in such cases as provided in section 1571.05 of the Revised	35705
Code, provided:	35706

(1) That such mine operator may, prior to the end of nine	35707
months after the date stated in such mine operator's notice to	35708
such reservoir operator, the division of mineral resources	35709
management, and the division of oil and gas resources management	35710
as the date upon which the mine operator intended to open such new	35711
mine, notify such reservoir operator, the division of mineral	35712
resources management, and the division of oil and gas resources	35713
management in writing by registered mail, that the opening of such	35714
new mine will be delayed beyond the end of such nine-month period	35715
of time, and that the mine operator requests that a conference be	35716
held as provided in section 1571.10 of the Revised Code for the	35717
purpose of endeavoring to reach an agreement establishing a date	35718
subsequent to the end of such nine-month period of time, on or	35719
before which such mine operator may open such new mine without	35720
being liable to pay such reservoir operator expenses incurred by	35721
such reservoir operator in plugging or reconditioning such well as	35722
in this division provided;	35723

(2) That if such mine operator sends to such reservoir	35724
operator, the division of mineral resources management, and to the	35725
division of oil and gas resources management a notice and request	35726
for a conference as provided in division (D)(1) of this section,	35727
such mine operator shall not be liable to pay such reservoir	35728
operator for expenses incurred by such reservoir operator in	35729
plugging and reconditioning such well, unless such mine operator	35730
fails to open such new mine within the period of time fixed by an	35731
approved agreement reached in such conference, or fixed by an	35732
order by the chief of the division of ~~mineral~~oil and gas	35733
resources management upon a hearing held in the matter in the	35734
event of failure to reach an approved agreement in the	35735
conference;. After issuing an order under this division, the chief	35736
shall notify the chief of the division of mineral resources	35737
management and send a copy of the order to the chief.	35738

(3) That such mine operator shall in no event be liable to	35739
such reservoir operator:	35740

(a) For expense of plugging or reconditioning such well	35741
incurred prior to the receipt by such reservoir operator from such	35742
mine operator of the notice of the date upon which such mine	35743
operator intends to open such new mine;	35744

(b) For any expense of plugging or reconditioning such well	35745
if any part of the work of plugging or reconditioning was	35746
commenced prior to receipt by such reservoir operator from such	35747
mine operator of such notice.	35748

Sec. 1571.04. (A) Upon the filing of each map or amended map	35749
with the division of ~~mineral~~oil and gas resources management by	35750
operators of gas storage reservoirs as required by this chapter,	35751
and each coal mine map with the division of mineral resources	35752
management as required by sections 1563.03 to 1563.05 and division	35753
(A) of section 1571.03 of the Revised Code, the gas storage well	35754
inspector shall cause an examination to be made of all maps on	35755
file in ~~the division~~those divisions as the gas storage well	35756
inspector may deem necessary to ascertain whether any part of a	35757
reservoir protective area as shown on any such map is within ten	35758
thousand linear feet of any part of the boundary of a coal mine as	35759
shown on any such map. If, upon making that examination, the gas	35760
storage well inspector finds that any part of such a reservoir	35761
protective area is within ten thousand linear feet of any part of	35762
the boundary of such a coal mine, the gas storage well inspector	35763
shall promptly send by registered mail notice to that effect to	35764
the operator of the reservoir and to the operator of the coal	35765
mine.	35766

(B) Within sixty days after receipt by an operator of a gas	35767
storage reservoir of a notice from the gas storage well inspector	35768
under division (A) of this section, such operator shall file on	35769
the same day with both the division ~~a map~~of mineral resources	35770
management and the division of oil and gas resources management	35771
identical maps prepared by a registered surveyor, registered	35772
engineer, or competent geologist, which shall do all of the	35773
following:	35774

(1) Indicate the stratum or strata in which such gas storage	35775
reservoir is located;	35776

(2) Show the location of the boundary of the reservoir and	35777
the boundary of its protective area, and the known fixed	35778
monuments, corner stones, or other permanent markers in such	35779
boundary lines;	35780

(3) Show the boundary lines of the counties, townships, and	35781
sections or lots that are within the limits of such maps, and the	35782
name of each such county and township and the number of each such	35783
section or lot clearly indicated thereon;	35784

(4) Show the location of all oil or gas wells known to the	35785
operator of such reservoir that have been drilled within the	35786
boundary of the reservoir or within its protective area, and	35787
indicate which of such wells, if any, have been or are to be	35788
plugged or reconditioned for use in the operation of such	35789
reservoir.	35790

The location of the boundary of the gas storage reservoir as	35791
shown on the maps shall be defined by the location of those wells	35792
around the periphery of the reservoir that had no gas production	35793
when drilled into the storage stratum of the reservoir, provided	35794
that, if the operator of the reservoir, upon taking into	35795
consideration the number and nature of such wells, the geological	35796
and production knowledge of the storage stratum, its character,	35797
permeability, and distribution, and operating experience,	35798
determines that the location of the boundary of the reservoir	35799
should be differently defined, the reservoir operator may, on the	35800
maps, show the boundary of the reservoir to be located at a	35801
location different from the location defined by the location of	35802
those wells around the periphery of the reservoir that had no gas	35803
production when drilled into the storage stratum.	35804

(C) Any coal mine operator who receives from the gas storage	35805
well inspector a copy of a map as provided by division (E) of this	35806
section may request the gas storage well inspector to furnish the	35807
coal mine operator with:	35808

(1) The name of the original operator of any well shown on	35809
such map;	35810

(2) The date drilling of such well was completed;

35811

(3) The total depth of such well;

35812

(4) The depth at which oil or gas was encountered in such	35813
well if it was productive of oil or gas;	35814

(5) The initial rock pressure of such well;

35815

(6) A copy of the log of the driller of such well or other	35816
similar data;	35817

(7) The location of such well in respect to the property	35818
lines of the tract of land on which it is located;	35819

(8) A statement as to whether the well is inactive or active:

35820

(a) If inactive, the date of plugging and other pertinent	35821
data;	35822

(b) If active, whether it is being used for test purposes or	35823
storage purposes;.	35824

(9) A statement of the maximum injection pressure	35825
contemplated by the operator of the reservoir shown on such map.	35826

Upon receipt of such a request, the gas storage well	35827
inspector shall promptly furnish the coal mine operator the	35828
information requested. If the information is not ascertainable	35829
from the files in the division of oil and gas resources	35830
management, the gas storage well inspector shall request the	35831
reservoir operator to furnish the division with such information	35832
to the extent that the reservoir operator has knowledge thereof.	35833
Upon receipt of such a request, the reservoir operator shall	35834
promptly furnish such information to the division. Thereupon the	35835
gas storage well inspector shall promptly transmit such	35836
information to the mine operator who requested it.	35837

Whenever the operator of a gas storage reservoir determines	35838
that the location of the boundary of the reservoir as shown on the	35839
most recent map thereof on file in the division pursuant to this	35840
section is incorrect, the reservoir operator shall file with the	35841
division an amended map showing the boundary of the reservoir to	35842
be located at the location that the reservoir operator then	35843
considers to be correct.	35844

(D) Each operator of a gas storage reservoir who files ~~a map~~	35845
with the division of mineral resources management and the division	35846
of oil and gas resources management maps as required by this	35847
section shall, at the end of each six-month period following the	35848
date of such filing, file with ~~the~~each division anidentical	35849
amended ~~map~~maps showing changes in the boundary line of the	35850
reservoir or of the reservoir's protective area that have occurred	35851
in the six-month period, and further showing or describing any	35852
other occurrences within that six-month period that cause the most	35853
recent ~~map~~maps on file and pertaining to the reservoir to no	35854
longer be correct. Nothing in this division shall be construed to	35855
require such a reservoir operator to file an amended map at the	35856
end of any such six-month period if no boundary changes or other	35857
occurrences have occurred in that period. The operator of the	35858
reservoir shall also file with the division of mineral resources	35859
management and the division of oil and gas resources management,	35860
subsequent to the filing of ~~a map~~maps as provided for in division	35861
(B) of this section, a statement whenever changing the maximum	35862
injection pressure is contemplated, stating for each affected well	35863
within the boundary of the reservoir or its protective area, the	35864
amount of change of injection pressure contemplated. The location	35865
or drilling of new wells or the abandonment or reconditioning of	35866
wells shall not be considered to be occurrences requiring the	35867
filing of an amended map or statement.	35868

(E) Promptly upon the filing with the division of oil and gas	35869
resources management of a map or an amended map pertaining to a	35870
gas storage reservoir under this section, the gas storage well	35871
inspector shall send by registered mail to the operator of the	35872
coal mine a part of the boundary of which is within ten thousand	35873
linear feet of any part of the boundary of the reservoir or of the	35874
outside boundary of the reservoir's protective area, notice of the	35875
filing together with a copy of the map.	35876

(F) When the operator of a gas storage reservoir files with	35877
the division ~~a map~~of mineral resources management and the	35878
division of oil and gas resources management maps or an amended	35879
~~map~~maps under this section, the reservoir operator shall file as	35880
many copies of the ~~map~~maps as ~~the~~each division may require for	35881
its files and as are needed for sending a copy to each coal mine	35882
operator under division (E) of this section.	35883

Sec. 1571.05. (A) Whenever any part of a gas storage	35884
reservoir or any part of its protective area underlies any part of	35885
a coal mine, or is, or within nine months is expected or intended	35886
to be, within two thousand linear feet of the boundary of a coal	35887
mine that is operating in a coal seam any part of which extends	35888
over any part of the storage reservoir or its protective area, the	35889
operator of the reservoir, if the reservoir operator or some other	35890
reservoir operator has not theretofore done so, shall:	35891

(1) Use every known method that is reasonable under the	35892
circumstance for discovering and locating all wells drilled within	35893
the area of the reservoir or its protective area that underlie any	35894
part of the coal mine or its protective area;	35895

(2) Plug or recondition all known wells drilled within the	35896
area of the reservoir or its protective area that underlie any	35897
part of the coal mine.	35898

(B) Whenever an operator of a gas storage reservoir is	35899
notified by the operator of a coal mine, as provided in division	35900
(B) of section 1571.03 of the Revised Code, that the coal mine	35901
operator believes that part of the boundary of the mine is within	35902
two thousand linear feet of a well that is drilled through the	35903
horizon of the coal mine and into or through the storage stratum	35904
or strata of the reservoir within the boundary of the reservoir or	35905
within its protective area, the reservoir operator shall plug or	35906
recondition the well as in this section prescribed, unless it is	35907
agreed in a conference or is ordered by the chief of the division	35908
of ~~mineral~~oil and gas resources management after a hearing, as	35909
provided in section 1571.10 of the Revised Code, that the well	35910
referred to in the notice is not such a well as is described in	35911
division (B) of section 1571.03 of the Revised Code.	35912

Whenever an operator of a gas storage reservoir is notified	35913
by the operator of a coal mine as provided in division (C) or (D)	35914
of section 1571.03 of the Revised Code, that part of the boundary	35915
of the mine is, or within nine months is intended or expected to	35916
be, within two thousand linear feet of a well that is drilled	35917
through the horizon of the mine and into or through the storage	35918
stratum or strata of the reservoir within the boundary of the	35919
reservoir or within its protective area, the reservoir operator	35920
shall plug or recondition the well as in this section prescribed.	35921

Whenever the operator of a coal mine considers that the use	35922
of a well such as in this section described, if used for injecting	35923
gas into, or storing gas in, or removing gas from, a gas storage	35924
reservoir, would be hazardous to the safety of persons or property	35925
on or in the vicinity of the premises of the coal mine or the	35926
reservoir or well, the coal mine operator may file with the	35927
division objections to the use of the well for such purposes, and	35928
a request that a conference be held as provided in section 1571.10	35929
of the Revised Code, to discuss and endeavor to resolve by mutual	35930
agreement whether or not the well shall or shall not be used for	35931
such purposes, and whether or not the well shall be reconditioned,	35932
inactivated, or plugged. The request shall set forth the mine	35933
operator's reasons for such objections. If no approved agreement	35934
is reached in the conference, the gas storage well inspector shall	35935
within ten days after the termination of the conference, file with	35936
the chief a request that the chief hear and determine the matters	35937
considered at the conference as provided in section 1571.10 of the	35938
Revised Code. Upon conclusion of the hearing, the chief shall find	35939
and determine whether or not the safety of persons or of the	35940
property on or in the vicinity of the premises of the coal mine,	35941
or the reservoir, or the well requires that the well be	35942
reconditioned, inactivated, or plugged, and shall make an order	35943
consistent with that determination, provided that the chief shall	35944
not order a well plugged unless the chief first finds that there	35945
is underground leakage of gas therefrom.	35946

The plugging or reconditioning of each well described in a	35947
notice from a coal mine operator to a reservoir operator as	35948
provided in division (B) of section 1571.03 of the Revised Code,	35949
which must be plugged or reconditioned, shall be completed within	35950
such time as the gas storage well inspector may fix in the case of	35951
each such well. The plugging or reconditioning of each well	35952
described in a notice from a coal mine operator to a reservoir	35953
operator as provided in division (C) of section 1571.03 of the	35954
Revised Code, which must be plugged or reconditioned, shall be	35955
completed by the time the well, by reason of the extension of the	35956
boundary of the coal mine, is within two thousand linear feet of	35957
any part of the boundary of the mine. The plugging or	35958
reconditioning of each well described in a notice from a coal mine	35959
operator to a reservoir operator, as provided in division (D) of	35960
section 1571.03 of the Revised Code, which must be plugged or	35961
reconditioned, shall be completed by the time the well, by reason	35962
of the opening of the new mine, is within two thousand linear feet	35963
of any part of the boundary of the new mine. A reservoir operator	35964
who is required to complete the plugging or reconditioning of a	35965
well within a period of time fixed as in this division prescribed,	35966
may prior to the end of that period of time, notify the division	35967
and the mine operator from whom the reservoir operator received a	35968
notice as provided in division (B), (C), or (D) of section 1571.03	35969
of the Revised Code, in writing by registered mail, that the	35970
completion of the plugging or reconditioning of the well referred	35971
to in the notice will be delayed beyond the end of the period of	35972
time fixed therefor as in this section provided, and that the	35973
reservoir operator requests that a conference be held for the	35974
purpose of endeavoring to reach an agreement establishing a date	35975
subsequent to the end of that period of time, on or before which	35976
the reservoir operator may complete the plugging or reconditioning	35977
without incurring any penalties for failure to do so as provided	35978
in this chapter. If such a reservoir operator sends to such a mine	35979
operator and to the division a notice and request for a conference	35980
as in this division provided, the reservoir operator shall not	35981
incur any penalties for failure to complete the plugging or	35982
reconditioning of the well within the period of time fixed as in	35983
this division prescribed, unless the reservoir operator fails to	35984
complete the plugging or reconditioning of the well within the	35985
period of time fixed by an approved agreement reached in the	35986
conference, or fixed by an order by the chief upon a hearing held	35987
in the matter in the event of failure to reach an approved	35988
agreement in the conference.	35989

Whenever, in compliance with this division, a well is to be	35990
plugged by a reservoir operator, the operator shall give to the	35991
division notice thereof, as many days in advance as will be	35992
necessary for the gas storage well inspector or a deputy mine	35993
inspector to be present at the plugging. The notification shall be	35994
made on blanks furnished by the division and shall show the	35995
following information:	35996

(1) Name and address of the applicant;

35997

(2) The location of the well identified by section or lot	35998
number, city or village, and township and county;	35999

(3) The well name and number of each well to be plugged.

36000

(C) The operator shall give written notice at the same time	36001
to the owner of the land upon which the well is located, the	36002
owners or agents of the adjoining land, and adjoining well owners	36003
or agents of the operator's intention to abandon the well, and of	36004
the time when the operator will be prepared to commence plugging	36005
and filling the same. In addition to giving such notices, the	36006
reservoir operator shall also at the same time send a copy of the	36007
notice by registered mail to the coal mine operator, if any, who	36008
sent to the reservoir operator the notice as provided in division	36009
(B), (C), or (D) of section 1571.03 of the Revised Code, in order	36010
that the coal mine operator or the coal mine operator's designated	36011
representative may attend and observe the manner in which the	36012
plugging of the well is done.	36013

If the reservoir operator plugs the well without anthe gas	36014
storage well inspector ~~from the division~~or a deputy mine	36015
inspector being present to supervise the plugging, the reservoir	36016
operator shall send to the division and to the coal mine operator	36017
a copy of the report of the plugging of the well, including in the	36018
report:	36019

(1) The date of abandonment;

36020

(2) The name of the owner or operator of the well at the time	36021
of abandonment and the well owner's or operator's post office	36022
address;	36023

(3) The location of the well as to township and county and	36024
the name of the owner of the surface upon which the well is	36025
drilled, with the address thereof;	36026

(4) The date of the permit to drill;

36027

(5) The date when drilled;

36028

(6) Whether the well has been mapped;

36029

(7) The depth of the well;

36030

(8) The depth of the top of the sand to which the well was	36031
drilled;	36032

(9) The depth of each seam of coal drilled through;

36033

(10) A detailed report as to how the well was plugged, giving	36034
in particular the manner in which the coal and various sands were	36035
plugged, and the date of the plugging of the well, including	36036
therein the names of those who witnessed the plugging of the well.	36037

The report shall be signed by the operator or the operator's	36038
agent who plugged the well and verified by the oath of the party	36039
so signing. For the purposes of this section, a deputy mine	36040
inspector may take acknowledgements and administer oaths to the	36041
parties signing the report.	36042

Whenever, in compliance with this division, a well is to be	36043
reconditioned by a reservoir operator, the operator shall give to	36044
the division notice thereof as many days before the reconditioning	36045
is begun as will be necessary for the gas storage well inspector,	36046
or a deputy mine inspector, to be present at the reconditioning.	36047
No well shall be reconditioned if an inspector of the division is	36048
not present unless permission to do so has been granted by the	36049
chief. The reservoir operator, at the time of giving notice to the	36050
division as in this section required, also shall send a copy of	36051
the notice by registered mail to the coal mine operator, if any,	36052
who sent to the reservoir operator the notice as provided in	36053
division (B), (C), or (D) of section 1571.03 of the Revised Code,	36054
in order that the coal mine operator or the coal mine operator's	36055
designated representative may attend and observe the manner in	36056
which the reconditioning of the well is done.	36057

If the reservoir operator reconditions the well when nothe	36058
gas storage well inspector ~~of the division~~or a deputy mine	36059
inspector is not present to supervise the reconditioning, the	36060
reservoir operator shall make written report to the division	36061
describing the manner in which the reconditioning was done, and	36062
shall send to the coal mine operator a copy of the report by	36063
registered mail.	36064

(D) Wells that are required by this section to be plugged	36065
shall be plugged in the manner specified in sections 1509.13 to	36066
1509.17 of the Revised Code, and the operator shall give the	36067
notifications and reports required by divisions (B) and (C) of	36068
this section. No such well shall be plugged or abandoned without	36069
the written approval of the division, and no such well shall be	36070
mudded, plugged, or abandoned without the gas storage well	36071
inspector or a deputy mine inspector present unless written	36072
permission has been granted by the chief or the gas storage well	36073
inspector. For purposes of this section, the chief of the division	36074
of mineral resources management has the authority given the chief	36075
of the division of oil and gas resources management in sections	36076
1509.15 and 1509.17 of the Revised Code. If such a well has been	36077
plugged prior to the time plugging thereof is required by this	36078
section, and, on the basis of the data, information, and other	36079
evidence available it is determined that the plugging was done in	36080
the manner required by this section, or was done in accordance	36081
with statutes prescribing the manner of plugging wells in effect	36082
at the time the plugging was done, and that there is no evidence	36083
of leakage of gas from the well either at or below the surface,	36084
and that the plugging is sufficiently effective to prevent the	36085
leakage of gas from the well, the obligations imposed upon the	36086
reservoir operator by this section as to plugging the well shall	36087
be considered fully satisfied. The operator of a coal mine any	36088
part of the boundary of which is, or within nine months is	36089
expected or intended to be, within two thousand linear feet of the	36090
well may at any time raise a question as to whether the plugging	36091
of the well is sufficiently effective to prevent the leakage of	36092
gas therefrom, and the issue so made shall be determined by a	36093
conference or hearing as provided in section 1571.10 of the	36094
Revised Code.	36095

(E) Wells that are to be reconditioned as required by this	36096
section shall be, or shall be made to be:	36097

(1) Cased in accordance with the statutes of this state in	36098
effect at the time the wells were drilled, with the casing being,	36099
or made to be, sufficiently effective in that there is no evidence	36100
of any leakage of gas therefrom;	36101

(2) Equipped with a producing string and well head composed	36102
of new pipe, or pipe as good as new, and fittings designed to	36103
operate with safety and to contain the stored gas at maximum	36104
pressures contemplated.	36105

When a well that is to be reconditioned as required by this	36106
section has been reconditioned for use in the operation of the	36107
reservoir prior to the time prescribed in this section, and on the	36108
basis of the data, information, and other evidence available it is	36109
determined that at the time the well was so reconditioned the	36110
requirements prescribed in this division were met, and that there	36111
is no evidence of underground leakage of gas from the well, and	36112
that the reconditioning is sufficiently effective to prevent	36113
underground leakage from the well, the obligations imposed upon	36114
the reservoir operator by this section as to reconditioning the	36115
well shall be considered fully satisfied. Any operator of a coal	36116
mine any part of the boundary of which is, or within nine months	36117
is expected or intended to be, within two thousand linear feet of	36118
the well may at any time raise a question as to whether the	36119
reconditioning of the well is sufficiently effective to prevent	36120
underground leakage of gas therefrom, and the issue so made shall	36121
be determined by a conference or hearing as provided in section	36122
1571.10 of the Revised Code.	36123

If the gas storage well inspector at any time finds that a	36124
well that is drilled through the horizon of a coal mine and into	36125
or through the storage stratum or strata of a reservoir within the	36126
boundary of the reservoir or within its protective area is located	36127
within the boundary of the coal mine or within two thousand linear	36128
feet of the mine boundary, and was drilled prior to the time the	36129
statutes of this state required that wells be cased, and that the	36130
well fails to meet the casing and equipping requirements	36131
prescribed in this division, the gas storage well inspector shall	36132
promptly notify the operator of the reservoir thereof in writing,	36133
and the reservoir operator upon receipt of the notice shall	36134
promptly recondition the well in the manner prescribed in this	36135
division for reconditioning wells, unless, in a conference or	36136
hearing as provided in section 1571.10 of the Revised Code, a	36137
different course of action is agreed upon or ordered.	36138

(F)(1) When a well within the boundary of a gas storage	36139
reservoir or within the reservoir's protective area penetrates the	36140
storage stratum or strata of the reservoir, but does not penetrate	36141
the coal seam within the boundary of a coal mine, the gas storage	36142
well inspector may, upon application of the operator of the	36143
storage reservoir, exempt the well from the requirements of this	36144
section. Either party affected by the action of the gas storage	36145
well inspector may request a conference and hearing with respect	36146
to the exemption.	36147

(2) When a well located within the boundary of a storage	36148
reservoir or a reservoir's protective area is a producing well in	36149
a stratum above or below the storage stratum, the obligations	36150
imposed by this section shall not begin until the well ceases to	36151
be a producing well.	36152

(G) When retreat mining reaches a point in a coal mine when	36153
the operator of the mine expects that within ninety days retreat	36154
work will be at the location of a pillar surrounding an active	36155
storage reservoir well, the operator of the mine shall promptly	36156
send by registered mail notice to that effect to the operator of	36157
the reservoir. Thereupon the operators may by agreement determine	36158
whether it is necessary or advisable to temporarily inactivate the	36159
well. If inactivated, the well shall not be reactivated until a	36160
reasonable period of time has elapsed, such period of time to be	36161
determined by agreement by the operators. In the event that the	36162
parties cannot agree upon either of the foregoing matters, the	36163
question shall be submitted to the gas storage well inspector for	36164
a conference in accordance with section 1571.10 of the Revised	36165
Code.	36166

(H)(1) The provisions of this section that require the	36167
plugging or reconditioning of wells shall not apply to such wells	36168
as are used to inject gas into, store gas in, or remove gas from a	36169
gas storage reservoir when the sole purpose of the injection,	36170
storage, or removal is testing. The operator of a gas storage	36171
reservoir who injects gas into, stores gas in, or removes gas from	36172
a reservoir for the sole purpose of testing shall be subject to	36173
all other provisions of this chapter that are applicable to	36174
operators of reservoirs.	36175

(2) If the injection of gas into, or storage of gas in, a gas	36176
storage reservoir any part of which, or of the protective area of	36177
which, is within the boundary of a coal mine is begun after	36178
September 9, 1957, and if the injection or storage of gas is for	36179
the sole purpose of testing, the operator of the reservoir shall	36180
send by registered mail to the operator of the coal mine, the	36181
division of oil and gas resources management, and to the division	36182
of mineral resources management at least sixty days' notice of the	36183
date upon which the testing will be begun.	36184

If at any time within the period of time during which testing	36185
of a reservoir is in progress, any part of the reservoir or of its	36186
protective area comes within any part of the boundary of a coal	36187
mine, the operator of the reservoir shall promptly send notice to	36188
that effect by registered mail to the operator of the mine, the	36189
division of oil and gas resources management, and to the division	36190
of mineral resources management.	36191

(3) Any coal mine operator who receives a notice as provided	36192
for in division (H)(2) of this section may within thirty days of	36193
the receipt thereof file with the division objections to the	36194
testing. The gas storage well inspector also may, within the time	36195
within which a coal mine operator may file an objection, place in	36196
the files of the division objections to the testing. The reservoir	36197
operator shall comply throughout the period of the testing	36198
operations with all conditions and requirements agreed upon and	36199
approved in the conference on such objections conducted as	36200
provided in section 1571.10 of the Revised Code, or in an order	36201
made by the chief following a hearing in the matter as provided in	36202
section 1571.10 of the Revised Code. If in complying with the	36203
agreement or order either the reservoir operator or the coal mine	36204
operator encounters or discovers conditions that were not known to	36205
exist at the time of the conference or hearing and that materially	36206
affect the agreement or order, or the ability of the reservoir	36207
operator to comply therewith, either operator may apply for a	36208
rehearing or modification of the order.	36209

(I) In addition to complying with all other provisions of	36210
this chapter and any lawful orders issued thereunder, the operator	36211
of each gas storage reservoir shall keep all wells drilled into or	36212
through the storage stratum or strata within the boundary of the	36213
operator's reservoir or within the reservoir's protective area in	36214
such condition, and operate the same in such manner, as to prevent	36215
the escape of gas therefrom into any coal mine, and shall operate	36216
and maintain the storage reservoir and its facilities in such	36217
manner and at such pressures as will prevent gas from escaping	36218
from the reservoir or its facilities into any coal mine.	36219

Sec. 1571.06. (A) Distances between boundaries of gas	36220
storage reservoirs, reservoir protective areas, coal mines, coal	36221
mine protective areas, and wells, as shown on the most recent maps	36222
of storage reservoirs and of coal mines filed with the division of	36223
oil and gas resources management or the division of mineral	36224
resources management as required by this chapter and sections	36225
1563.03 to 1563.05 of the Revised Code, may be accepted and relied	36226
upon as being accurate and correct, by operators of coal mines and	36227
operators of reservoirs. Data, statements, and reports filed with	36228
~~the~~either division as required by this chapter and sections	36229
1563.03 to 1563.05 of the Revised Code may be likewise accepted	36230
and relied upon. However, the gas storage well inspector or any	36231
reservoir operator or coal mine operator, or any other person	36232
having a direct interest in the matter, may at any time question	36233
the accuracy or correctness of any map, data, statement, or report	36234
so filed, with ~~the~~either division by notifying ~~the division~~both	36235
divisions thereof in writing. Such notice shall state the reasons	36236
why the question is raised. When any such notice is so filed, the	36237
gas storage well inspector shall proceed promptly to hold a	36238
conference on the question thus raised, as provided in section	36239
1571.10 of the Revised Code.	36240

(B) If, in any proceeding under this chapter, the accuracy or	36241
correctness of any map, data, statement, or report, filed by any	36242
person pursuant to the requirements of this chapter is in	36243
question, the person so filing the same shall have the burden of	36244
proving the accuracy or correctness thereof.	36245

(C) The operator of a gas storage reservoir shall, at all	36246
reasonable times, be permitted to inspect the premises and	36247
facilities of any coal mine any part of the boundary of which is	36248
within any part of the boundary of such gas storage reservoir or	36249
within its protective area, and the operator of a coal mine shall,	36250
at all reasonable times, be permitted to inspect the premises and	36251
facilities of any gas storage reservoir any part of the boundary	36252
of which or any part of the protective area of which is within the	36253
boundary of such coal mine. In the event that either such	36254
reservoir operator or such coal mine operator denies permission to	36255
make any such inspection, the chief of the division of ~~mineral~~oil	36256
and gas resources management on the chief's own motion, or on an	36257
application by the operator desiring to make such inspection, upon	36258
a hearing thereon if requested by either operator, after	36259
reasonable notice of such hearing, may make an order providing for	36260
such inspection.	36261

Sec. 1571.08. (A) Whenever in this chapter, the method or	36262
material to be used in discharging any obligations imposed by this	36263
chapter is specified, an alternative method or material may be	36264
used if approved by the gas storage well inspector or the chief of	36265
the division of ~~mineral~~oil and gas resources management. A person	36266
desiring to use such alternative method or material shall file	36267
with the division of ~~mineral~~oil and gas resources management an	36268
application for permission to do so. Such application shall	36269
describe such alternative method or material in reasonable detail.	36270
The gas storage well inspector shall promptly send by registered	36271
mail notice of the filing of such application to any coal mine	36272
operator or reservoir operator whose mine or reservoir may be	36273
directly affected thereby. Any such coal mine operator or	36274
reservoir operator may within ten days following receipt of such	36275
notice, file with the division objections to such application. The	36276
gas storage well inspector may also file with the division an	36277
objection to such application at any time during which coal mine	36278
operators or reservoir operators are permitted to file objections.	36279
If no objections are filed within the ten-day period of time, the	36280
gas storage well inspector shall thereupon issue a permit	36281
approving the use of such alternative method or material. If any	36282
such objections are filed by any coal mine operator or reservoir	36283
operator, or by the gas storage well inspector, the question as to	36284
whether or not the use of such alternative method or material, or	36285
a modification thereof is approved, shall be determined by a	36286
conference or hearing as provided in section 1571.10 of the	36287
Revised Code.	36288

(B) Whenever in this chapter, provision is made for the	36289
filing of objections with the division, such objections shall be	36290
in writing and shall state as definitely as is reasonably possible	36291
the reasons for such objections. Upon the filing of any such	36292
objection the gas storage well inspector shall promptly fix the	36293
time and place for holding a conference for the purpose of	36294
discussing and endeavoring to resolve by mutual agreement the	36295
issue raised by such objection. The gas storage well inspector	36296
shall send written notice thereof by registered mail to each	36297
person having a direct interest therein. Thereupon the issue made	36298
by such objection shall be determined by a conference or hearing	36299
in accordance with the procedures for conferences and hearings as	36300
provided in section 1571.10 of the Revised Code.	36301

Sec. 1571.09. (A) The chief of the division of ~~mineral~~oil	36302
and gas resources management or any officer or employee of the	36303
division thereunto duly authorized by the chief may investigate,	36304
inspect, or examine records and facilities of any coal mine	36305
operator or reservoir operator, for the purpose of determining the	36306
accuracy or correctness of any map, data, statement, report, or	36307
other item or article, filed with or otherwise received by the	36308
division pursuant to this chapter. When a material question is	36309
raised by any reservoir operator or coal mine operator as to the	36310
accuracy or correctness of any such map, data, statement, report,	36311
or other item or article, which may directly affect the reservoir	36312
operator or coal mine operator, the matter shall be determined by	36313
a conference or hearing as provided in section 1571.10 of the	36314
Revised Code.	36315

(B) The division of ~~mineral~~oil and gas resources management	36316
shall keep all maps, data, statements, reports, well logs,	36317
notices, or other items or articles filed with or otherwise	36318
received by it pursuant to this chapter in a safe place and	36319
conveniently accessible to persons entitled to examine them. It	36320
shall maintain indexes of all such items and articles so that any	36321
of them may be promptly located. None of such items or articles	36322
shall be open to public inspection, but: (1) any of such items or	36323
articles pertaining to a mine may be examined by: the operator,	36324
owner, lessee, or agent of such mine; persons financially	36325
interested in such mine; owners of land adjoining such mine; the	36326
operator, owner, lessee, or agent of a mine adjoining such mine;	36327
authorized representatives of the persons employed to work in such	36328
mine; the operator of a gas storage reservoir any part of the	36329
boundary of which or of the boundary of its protective area is	36330
within ten thousand linear feet of the boundary of such mine, or	36331
the agent of such reservoir operator thereunto authorized by such	36332
reservoir operator; or any employee of the division of geological	36333
survey in the department of natural resources thereunto duly	36334
authorized by the chief of that division; and (2) any of such	36335
items or articles pertaining to a gas storage reservoir may be	36336
examined by: the operator of such reservoir; the operator of a	36337
coal mine any part of the boundary of which is within ten thousand	36338
linear feet of the boundary of a gas storage reservoir or of the	36339
boundary of its protective area, or the agent of such mine	36340
operator thereunto authorized by such mine operator, or the	36341
authorized representatives of the persons employed to work in such	36342
mine; or any employee of the division of geological survey	36343
thereunto duly authorized by the chief of that division. The	36344
division of ~~mineral~~oil and gas resources management shall not	36345
permit any of such items or articles to be removed from its	36346
office, and it shall not furnish copies of any such items or	36347
articles to any person other than as provided in this chapter.	36348

The division shall keep a docket of all proceedings arising	36349
under this chapter, in which shall be entered the dates of any	36350
notice received or issued, the names of all persons to whom it	36351
sends a notice, and the address of each, the dates of conferences	36352
and hearings, and all findings, determinations, decisions,	36353
rulings, and orders, or other actions by the division.	36354

(C) Whenever any provision of this chapter requires the	36355
division to give notice to the operator of a coal mine of any	36356
proceeding to be held pursuant to this chapter, the division shall	36357
simultaneously give a copy of such notice to the authorized	36358
representatives of the persons employed to work in such mine.	36359

Sec. 1571.10. (A) The gas storage well inspector or any	36360
person having a direct interest in the administration of this	36361
chapter may at any time file with the division of ~~mineral~~oil and	36362
gas resources management a written request that a conference be	36363
held for the purpose of discussing and endeavoring to resolve by	36364
mutual agreement any question or issue relating to the	36365
administration of this chapter, or to compliance with its	36366
provisions, or to any violation thereof. Such request shall	36367
describe the matter concerning which the conference is requested.	36368
Thereupon the gas storage well inspector shall promptly fix the	36369
time and place for the holding of such conference and shall send	36370
written notice thereof to each person having a direct interest	36371
therein. At such conference the gas storage well inspector or a	36372
representative of the division designated by the gas storage well	36373
inspector shall be in attendance, and shall preside at the	36374
conference, and the gas storage well inspector or designated	36375
representative may make such recommendations as the gas storage	36376
well inspector or designated representative deems proper. Any	36377
agreement reached at such conference shall be consistent with the	36378
requirements of this chapter and, if approved by the gas storage	36379
well inspector, it shall be reduced to writing and shall be	36380
effective. Any such agreement approved by the gas storage well	36381
inspector shall be kept on file in the division and a copy thereof	36382
shall be furnished to each of the persons having a direct interest	36383
therein. The conference shall be deemed terminated as of the date	36384
an approved agreement is reached or when any person having a	36385
direct interest therein refuses to confer thereafter. Such a	36386
conference shall be held in all cases prior to the holding of a	36387
hearing as provided in this section.	36388

(B) Within ten days after the termination of a conference at	36389
which no approved agreement is reached, any person who	36390
participated in such conference and who has a direct interest in	36391
the subject matter thereof, or the gas storage well inspector, may	36392
file with the chief of the division of ~~mineral~~oil and gas	36393
resources management a request that the chief hear and determine	36394
the matter or matters, or any part thereof considered at the	36395
conference. Thereupon the chief shall promptly fix the time and	36396
place for the holding of such hearing and shall send written	36397
notice thereof to each person having a direct interest therein.	36398
The form of the request for such hearing and the conduct of the	36399
hearing shall be in accordance with rules that the chief adopts	36400
under section 1571.11 of the Revised Code. Consistent with the	36401
requirement for reasonable notice each such hearing shall be held	36402
promptly after the filing of the request therefor. Any person	36403
having a direct interest in the matter to be heard shall be	36404
entitled to appear and be heard in person or by attorney. The	36405
division may present at such hearing any evidence that is material	36406
to the matter being heard and that has come to the division's	36407
attention in any investigation or inspection made pursuant to this	36408
chapter.	36409

(C) For the purpose of conducting such a hearing the chief	36410
may require the attendance of witnesses and the production of	36411
books, records, and papers, and the chief may, and at the request	36412
of any person having a direct interest in the matter being heard,	36413
the chief shall, issue subpoenas for witnesses or subpoenas duces	36414
tecum to compel the production of any books, records, or papers,	36415
directed to the sheriffs of the counties where such witnesses are	36416
found, which subpoenas shall be served and returned in the same	36417
manner as subpoenas in criminal cases are served and returned. The	36418
fees of sheriffs shall be the same as those allowed by the court	36419
of common pleas in criminal cases. Witnesses shall be paid the	36420
fees and mileage provided for under section 119.094 of the Revised	36421
Code. Such fee and mileage expenses shall be paid in advance by	36422
the persons at whose request they are incurred, and the remainder	36423
of such expenses shall be paid out of funds appropriated for the	36424
expenses of the division.	36425

In case of disobedience or neglect of any subpoena served on	36426
any person, or the refusal of any witness to testify to any matter	36427
regarding which the witness may be lawfully interrogated, the	36428
court of common pleas of the county in which such disobedience,	36429
neglect, or refusal occurs, or any judge thereof, on application	36430
of the chief, shall compel obedience by attachment proceedings for	36431
contempt as in the case of disobedience of the requirements of a	36432
subpoena issued from such court or a refusal to testify therein.	36433
Witnesses at such hearings shall testify under oath, and the chief	36434
may administer oaths or affirmations to persons who so testify.	36435

(D) With the consent of the chief, the testimony of any	36436
witness may be taken by deposition at the instance of a party to	36437
any hearing before the chief at any time after hearing has been	36438
formally commenced. The chief may, of the chief's own motion,	36439
order testimony to be taken by deposition at any stage in any	36440
hearing, proceeding, or investigation pending before the chief.	36441
Such deposition shall be taken in the manner prescribed by the	36442
laws of this state for taking depositions in civil cases in courts	36443
of record.	36444

(E) After the conclusion of a hearing the chief shall make a	36445
determination and finding of facts. Every adjudication,	36446
determination, or finding by the chief shall be made by written	36447
order and shall contain a written finding by the chief of the	36448
facts upon which the adjudication, determination, or finding is	36449
based. Notice of the making of such order shall be given to the	36450
persons whose rights, duties, or privileges are affected thereby,	36451
by sending a certified copy thereof by registered mail to each of	36452
such persons.	36453

Adjudications, determinations, findings, and orders made by	36454
the chief shall not be governed by, or be subject to, Chapter 119.	36455
of the Revised Code.	36456

Sec. 1571.11. The chief of the division of ~~mineral~~oil and	36457
gas resources management shall adopt rules governing	36458
administrative procedures to be followed in the administration of	36459
this chapter, which shall be of general application in all matters	36460
and to all persons affected by this chapter.	36461

No rule adopted by the chief pursuant to this section shall	36462
be effective until the tenth day after a certified copy thereof	36463
has been filed in the office of the secretary of state.	36464

All rules filed in the office of the secretary of state	36465
pursuant to this section shall be recorded by the secretary of	36466
state under a heading entitled "Regulations relating to the	36467
storage of gas in underground gas storage reservoirs" and shall be	36468
numbered consecutively under such heading and shall bear the date	36469
of filing. Such rules shall be public records open to public	36470
inspection.	36471

No rule filed in the office of the secretary of state	36472
pursuant to this section shall be amended except by a rule that	36473
contains the entire rule as amended and that repeals the rule	36474
amended. Each rule that amends a rule shall bear the same	36475
consecutive rule number as the number of the rule that it amends,	36476
and it shall bear the date of filing.	36477

No rule filed in the office of the secretary of state	36478
pursuant to this section shall be repealed except by a rule. Each	36479
rule that repeals a rule shall bear the same consecutive rule	36480
number as the number of the rule that it repeals, and it shall	36481
bear the date of filing.	36482

The authority and the duty of the chief to adopt rules as	36483
provided in this section shall not be governed by, or be subject	36484
to Chapter 119. of the Revised Code.	36485

The chief shall have available at all times copies of all	36486
rules adopted pursuant to this section, and shall furnish same	36487
free of charge to any person requesting same.	36488

Sec. 1571.14. Any person claiming to be aggrieved or	36489
adversely affected by an order of the chief of the division of	36490
~~mineral~~oil and gas resources management made as provided in	36491
section 1571.10 or 1571.16 of the Revised Code may appeal to the	36492
director of natural resources for an order vacating or modifying	36493
such order. Upon receipt of the appeal, the director shall appoint	36494
an individual who has knowledge of the laws and rules regarding	36495
the underground storage of gas and who shall act as a hearing	36496
officer in accordance with Chapter 119. of the Revised Code in	36497
hearing the appeal.	36498

The person appealing to the director shall be known as	36499
appellant and the chief shall be known as appellee. The appellant	36500
and the appellee shall be deemed parties to the appeal.	36501

The appeal shall be in writing and shall set forth the order	36502
complained of and the grounds upon which the appeal is based. The	36503
appeal shall be filed with the director within thirty days after	36504
the date upon which appellant received notice by registered mail	36505
of the making of the order complained of, as required by section	36506
1571.10 of the Revised Code. Notice of the filing of such appeal	36507
shall be delivered by appellant to the chief within three days	36508
after the appeal is filed with the director.	36509

Within seven days after receipt of the notice of appeal the	36510
chief shall prepare and certify to the director at the expense of	36511
appellant a complete transcript of the proceedings out of which	36512
the appeal arises, including a transcript of the testimony	36513
submitted to the chief.	36514

Upon the filing of the appeal the director shall fix the time	36515
and place at which the hearing on the appeal will be held, and	36516
shall give appellant and the chief at least ten days' written	36517
notice thereof by mail. The director may postpone or continue any	36518
hearing upon the director's own motion or upon application of	36519
appellant or of the chief.	36520

The filing of an appeal provided for in this section does not	36521
automatically suspend or stay execution of the order appealed	36522
from, but upon application by the appellant the director may	36523
suspend or stay such execution pending determination of the appeal	36524
upon such terms as the director deems proper.	36525

The hearing officer appointed by the director shall hear the	36526
appeal de novo, and either party to the appeal may submit such	36527
evidence as the hearing officer deems admissible.	36528

For the purpose of conducting a hearing on an appeal, the	36529
hearing officer may require the attendance of witnesses and the	36530
production of books, records, and papers, and may, and at the	36531
request of any party shall, issue subpoenas for witnesses or	36532
subpoenas duces tecum to compel the production of any books,	36533
records, or papers, directed to the sheriffs of the counties where	36534
such witnesses are found, which subpoenas shall be served and	36535
returned in the same manner as subpoenas in criminal cases are	36536
served and returned. The fees of sheriffs shall be the same as	36537
those allowed by the court of common pleas in criminal cases.	36538
Witnesses shall be paid the fees and mileage provided for under	36539
section 119.094 of the Revised Code. Such fee and mileage expenses	36540
incurred at the request of appellant shall be paid in advance by	36541
appellant, and the remainder of such expenses shall be paid out of	36542
funds appropriated for the expenses of the division of ~~mineral~~oil	36543
and gas resources management.	36544

In case of disobedience or neglect of any subpoena served on	36545
any person, or the refusal of any witness to testify to any matter	36546
regarding which the witness may be lawfully interrogated, the	36547
court of common pleas of the county in which such disobedience,	36548
neglect, or refusal occurs, or any judge thereof, on application	36549
of the director, shall compel obedience by attachment proceedings	36550
for contempt as in the case of disobedience of the requirements of	36551
a subpoena issued from such court or a refusal to testify therein.	36552
Witnesses at such hearings shall testify under oath, and the	36553
hearing officer may administer oaths or affirmations to persons	36554
who so testify.	36555

At the request of any party to the appeal, a stenographic or	36556
electronic record of the testimony and other evidence submitted	36557
shall be taken by an official court ~~shorthand~~ reporter at the	36558
expense of the party making the request ~~therefor~~for the record.	36559
The record shall include all of the testimony and other evidence	36560
and the rulings on the admissibility thereof presented at the	36561
hearing. The hearing officer shall pass upon the admissibility of	36562
evidence, but any party may at the time object to the admission of	36563
any evidence and except to the ruling of the hearing officer	36564
thereon, and if the hearing officer refuses to admit evidence, the	36565
party offering same may make a proffer thereof, and such proffer	36566
shall be made a part of the record of such hearing.	36567

If upon completion of the hearing the hearing officer finds	36568
that the order appealed from was lawful and reasonable, the	36569
hearing officer shall make a written order affirming the order	36570
appealed from. If the hearing officer finds that such order was	36571
unreasonable or unlawful, the hearing officer shall make a written	36572
order vacating the order appealed from and making the order that	36573
it finds the chief should have made. Every order made by the	36574
hearing officer shall contain a written finding by the hearing	36575
officer of the facts upon which the order is based. Notice of the	36576
making of such order shall be given forthwith to each party to the	36577
appeal by mailing a certified copy thereof to each such party by	36578
registered mail.	36579

Sec. 1571.16. (A) The gas storage well inspector or any	36580
person having a direct interest in the subject matter of this	36581
chapter may file with the division of ~~mineral~~oil and gas	36582
resources management a complaint in writing stating that a person	36583
is violating, or is about to violate, a provision or provisions of	36584
this chapter, or has done, or is about to do, an act, matter, or	36585
thing therein prohibited or declared to be unlawful, or has	36586
failed, omitted, neglected, or refused, or is about to fail, omit,	36587
neglect, or refuse, to perform a duty enjoined upon the person by	36588
this chapter. Upon the filing of such a complaint, the chief of	36589
the division of ~~mineral~~oil and gas resources management shall	36590
promptly fix the time for the holding of a hearing on such	36591
complaint and shall send by registered mail to the person so	36592
complained of, a copy of such complaint together with at least	36593
five days' notice of the time and place at which such hearing will	36594
be held. Such notice of such hearing shall also be given to all	36595
persons having a direct interest in the matters complained of in	36596
such complaint. Such hearing shall be conducted in the same	36597
manner, and the chief and persons having a direct interest in the	36598
matter being heard, shall have the same powers, rights, and duties	36599
as provided in divisions (B), (C), (D), and (E) of section 1571.10	36600
of the Revised Code, in connection with hearings by the chief,	36601
provided that if after conclusion of the hearing the chief finds	36602
that the charges against the person complained of, as stated in	36603
such complaint, have not been sustained by a preponderance of	36604
evidence, the chief shall make an order dismissing the complaint,	36605
and if the chief finds that the charges have been so sustained,	36606
the chief shall by appropriate order require compliance with those	36607
provisions.	36608

(B) Whenever the chief is of the opinion that any person is	36609
violating, or is about to violate, any provision of this chapter,	36610
or has done, or is about to do, any act, matter, or thing therein	36611
prohibited or declared to be unlawful, or has failed, omitted,	36612
neglected, or refused, or is about to fail, omit, neglect, or	36613
refuse, to perform any duty enjoined upon the person by this	36614
chapter, or has failed, omitted, neglected, or refused, or is	36615
about to fail, omit, neglect, or refuse, to obey any lawful	36616
requirement or order made by the chief, or any final judgment,	36617
order, or decree made by any court pursuant to this chapter, then	36618
and in every such case, the chief may institute in a court of	36619
competent jurisdiction of the county or counties wherein the	36620
operation is situated, an action to enjoin or restrain such	36621
violations or to enforce obedience with law or the orders of the	36622
chief. No injunction bond shall be required to be filed in any	36623
such proceeding. Such persons or corporations as the court may	36624
deem necessary or proper to be joined as parties in order to make	36625
its judgment, order, or writ effective may be joined as parties.	36626
An appeal may be taken as in other civil actions.	36627

(C) In addition to the other remedies as provided in	36628
divisions (A) and (B) of this section, any reservoir operator or	36629
coal mine operator affected by this chapter may proceed by	36630
injunction or other appropriate remedy to restrain violations or	36631
threatened violations of this chapter or of orders of the chief,	36632
or of the hearing officer appointed under section 1571.14 of the	36633
Revised Code, or the judgments, orders, or decrees of any court or	36634
to enforce obedience therewith.	36635

(D) Each remedy prescribed in divisions (A), (B), and (C) of	36636
this section is deemed concurrent or contemporaneous with each	36637
other remedy prescribed therein, and the existence or exercise of	36638
any one such remedy shall not prevent the exercise of any other	36639
such remedy.	36640

(E) The provisions of this chapter providing for conferences,	36641
hearings by the chief, appeals to the hearing officer from orders	36642
of the chief, and appeals to the court of common pleas from orders	36643
of the hearing officer, and the remedies prescribed in divisions	36644
(A), (B), (C), and (D) of this section, do not constitute the	36645
exclusive procedure that a person, who deems the person's rights	36646
to be unlawfully affected by any official action taken thereunder,	36647
must pursue in order to protect and preserve such rights, nor does	36648
this chapter constitute a procedure that such a person must pursue	36649
before the person may lawfully proceed by other actions, legal or	36650
equitable, to protect and preserve such rights.	36651

Sec. 1571.18. After ~~the effective date of this section~~June	36652
30, 2010, and not later than the thirty-first day of March each	36653
year, the owner of a well that is used for gas storage or of a	36654
well that is used to monitor a gas storage reservoir and that is	36655
located in a reservoir protective area shall pay to the chief of	36656
the division of ~~mineral~~oil and gas resources management a gas	36657
storage well regulatory fee of one hundred twenty-five dollars for	36658
each well that the owner owned as of the thirty-first day of	36659
December of the previous year for the purposes of administering	36660
this chapter and Chapter 1509. of the Revised Code. The chief may	36661
prescribe and provide a form for the collection of the fee imposed	36662
by this section and may adopt rules in accordance with Chapter	36663
119. of the Revised Code that are necessary for the administration	36664
of this section.	36665

All money collected under this section shall be deposited in	36666
the state treasury to the credit of the oil and gas well fund	36667
created in section 1509.02 of the Revised Code.	36668

Sec. 1571.99. Any person who purposely violates any order of	36669
the chief of the division of ~~mineral~~oil and gas resources	36670
management, of a hearing officer appointed by the director of	36671
natural resources under section 1571.14 of the Revised Code, or of	36672
the director, made pursuant to this chapter shall be punished by a	36673
fine not exceeding two thousand dollars, or imprisoned in jail for	36674
a period not exceeding twelve months, or both, in the discretion	36675
of the court.	36676

Sec. 1701.07. (A) Every corporation shall have and maintain	36677
an agent, sometimes referred to as the "statutory agent," upon	36678
whom any process, notice, or demand required or permitted by	36679
statute to be served upon a corporation may be served. The agent	36680
may be a natural person who is a resident of this state or may be	36681
a domestic corporation or a foreign corporation holding a license	36682
as such under the laws of this state, that is authorized by its	36683
articles of incorporation to act as such agent and that has a	36684
business address in this state.	36685

(B) The secretary of state shall not accept original	36686
articles for filing unless there is filed with the articles a	36687
written appointment of an agent that is signed by the	36688
incorporators of the corporation or a majority of them and a	36689
written acceptance of the appointment that is signed by the agent.	36690
In all other cases, the corporation shall appoint the agent and	36691
shall file in the office of the secretary of state a written	36692
appointment of the agent that is signed by any authorized officer	36693
of the corporation and a written acceptance of the appointment	36694
that is either the original acceptance signed by the agent or a	36695
photocopy, facsimile, or similar reproduction of the original	36696
acceptance signed by the agent.	36697

(C) The written appointment of an agent shall set forth the	36698
name and address in this state of the agent, including the street	36699
and number or other particular description, and shall otherwise be	36700
in such form as the secretary of state prescribes. The secretary	36701
of state shall keep a record of the names of corporations, and the	36702
names and addresses of their respective agents.	36703

(D) If any agent dies, removes from the state, or resigns,	36704
the corporation shall forthwith appoint another agent and file	36705
with the secretary of state, on a form prescribed by the secretary	36706
of state, a written appointment of the agent.	36707

(E) If the agent changes the agent's address from that	36708
appearing upon the record in the office of the secretary of state,	36709
the corporation or the agent shall forthwith file with the	36710
secretary of state, on a form prescribed by the secretary of	36711
state, a written statement setting forth the new address.	36712

(F) An agent may resign by filing with the secretary of	36713
state, on a form prescribed by the secretary of state, a written	36714
notice to that effect that is signed by the agent and by sending a	36715
copy of the notice to the corporation at the current or last known	36716
address of its principal office on or prior to the date the notice	36717
is filed with the secretary of state. The notice shall set forth	36718
the name of the corporation, the name and current address of the	36719
agent, the current or last known address, including the street and	36720
number or other particular description, of the corporation's	36721
principal office, the resignation of the agent, and a statement	36722
that a copy of the notice has been sent to the corporation within	36723
the time and in the manner prescribed by this division. Upon the	36724
expiration of thirty days after the filing, the authority of the	36725
agent shall terminate.	36726

(G) A corporation may revoke the appointment of an agent by	36727
filing with the secretary of state, on a form prescribed by the	36728
secretary of state, a written appointment of another agent and a	36729
statement that the appointment of the former agent is revoked.	36730

(H) Any process, notice, or demand required or permitted by	36731
statute to be served upon a corporation may be served upon the	36732
corporation by delivering a copy of it to its agent, if a natural	36733
person, or by delivering a copy of it at the address of its agent	36734
in this state, as the address appears upon the record in the	36735
office of the secretary of state. If (1) the agent cannot be	36736
found, or (2) the agent no longer has that address, or (3) the	36737
corporation has failed to maintain an agent as required by this	36738
section, and if in any such case the party desiring that the	36739
process, notice, or demand be served, or the agent or	36740
representative of the party, shall have filed with the secretary	36741
of state an affidavit stating that one of the foregoing conditions	36742
exists and stating the most recent address of the corporation that	36743
the party after diligent search has been able to ascertain, then	36744
service of process, notice, or demand upon the secretary of state,	36745
as the agent of the corporation, may be initiated by delivering to	36746
the secretary of state or at the secretary of state's office	36747
quadruplicate copies of such process, notice, or demand and by	36748
paying to the secretary of state a fee of five dollars. The	36749
secretary of state shall forthwith give notice of the delivery to	36750
the corporation at its principal office as shown upon the record	36751
in the secretary of state's office and at any different address	36752
shown on its last franchise tax report filed in this state, or to	36753
the corporation at any different address set forth in the above	36754
mentioned affidavit, and shall forward to the corporation at said	36755
addresses, by certified mail, with request for return receipt, a	36756
copy of the process, notice, or demand; and thereupon service upon	36757
the corporation shall be deemed to have been made.	36758

(I) The secretary of state shall keep a record of each	36759
process, notice, and demand delivered to the secretary of state or	36760
at the secretary of state's office under this section or any other	36761
law of this state that authorizes service upon the secretary of	36762
state, and shall record the time of the delivery and the action	36763
thereafter with respect thereto.	36764

(J) This section does not limit or affect the right to serve	36765
any process, notice, or demand upon a corporation in any other	36766
manner permitted by law.	36767

(K) Every corporation shall state in each annual report filed	36768
by it with the department of taxation the name and address of its	36769
statutory agent.	36770

(L) Except when an original appointment of an agent is filed	36771
with the original articles, a written appointment of an agent or a	36772
written statement filed by a corporation with the secretary of	36773
state shall be signed by any authorized officer of the corporation	36774
or by the incorporators of the corporation or a majority of them	36775
if no directors have been elected.	36776

(M) For filing a written appointment of an agent other than	36777
one filed with original articles, and for filing a statement of	36778
change of address of an agent, the secretary of state shall charge	36779
and collect the fee specified in division (R) of section 111.16 of	36780
the Revised Code.	36781

(N) Upon the failure of a corporation to appoint another	36782
agent or to file a statement of change of address of an agent, the	36783
secretary of state shall give notice thereof by ~~certified~~ordinary	36784
or electronic mail to the corporation at the electronic mail	36785
address provided to the secretary of state, or at the address set	36786
forth in the notice of resignation or on the last franchise tax	36787
return filed in this state by the corporation. Unless the default	36788
is cured within thirty days after the mailing by the secretary of	36789
state of the notice or within any further period of time that the	36790
secretary of state grants, upon the expiration of that period of	36791
time from the date of the mailing, the articles of the corporation	36792
shall be canceled without further notice or action by the	36793
secretary of state. The secretary of state shall make a notation	36794
of the cancellation on the secretary of state's records.	36795

A corporation whose articles have been canceled may be	36796
reinstated by filing, on a form prescribed by the secretary of	36797
state, an application for reinstatement and the required	36798
appointment of agent or required statement, and by paying the	36799
filing fee specified in division (Q) of section 111.16 of the	36800
Revised Code. The rights, privileges, and franchises of a	36801
corporation whose articles have been reinstated are subject to	36802
section 1701.922 of the Revised Code. The secretary of state shall	36803
furnish the tax commissioner a monthly list of all corporations	36804
canceled and reinstated under this division.	36805

(O) This section does not apply to banks, trust companies,	36806
insurance companies, or any corporation defined under the laws of	36807
this state as a public utility for taxation purposes.	36808

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	36809
under the general corporation laws of this state, or previous	36810
laws, or under special provisions of the Revised Code, or created	36811
before September 1, 1851, which corporation has expressedly or	36812
impliedly elected to be governed by the laws passed since that	36813
date, and whose articles or other documents are filed with the	36814
secretary of state, shall file with the secretary of state a	36815
verified statement of continued existence, signed by a director,	36816
officer, or three members in good standing, setting forth the	36817
corporate name, the place where the principal office of the	36818
corporation is located, the date of incorporation, the fact that	36819
the corporation is still actively engaged in exercising its	36820
corporate privileges, and the name and address of its agent	36821
appointed pursuant to section 1702.06 of the Revised Code.	36822

(B) Each corporation required to file a statement of	36823
continued existence shall file it with the secretary of state	36824
within each five years after the date of incorporation or of the	36825
last corporate filing.	36826

(C) Corporations specifically exempted by division (N) of	36827
section 1702.06 of the Revised Code, or whose activities are	36828
regulated or supervised by another state official, agency, bureau,	36829
department, or commission are exempted from this section.	36830

(D) The secretary of state shall give notice ~~in writing~~by	36831
ordinary or electronic mail and provide a form for compliance with	36832
this section to each corporation required by this section to file	36833
the statement of continued existence, such notice and form to be	36834
mailed to the last known physical or electronic mail address of	36835
the corporation as it appears on the records of the secretary of	36836
state or which the secretary of state may ascertain upon a	36837
reasonable search.	36838

(E) If any nonprofit corporation required by this section to	36839
file a statement of continued existence fails to file the	36840
statement required every fifth year, then the secretary of state	36841
shall cancel the articles of such corporation, make a notation of	36842
the cancellation on the records, and mail to the corporation a	36843
certificate of the action so taken.	36844

(F) A corporation whose articles have been canceled may be	36845
reinstated by filing an application for reinstatement and paying	36846
to the secretary of state the fee specified in division (Q) of	36847
section 111.16 of the Revised Code. The name of a corporation	36848
whose articles have been canceled shall be reserved for a period	36849
of one year after the date of cancellation. If the reinstatement	36850
is not made within one year from the date of the cancellation of	36851
its articles of incorporation and it appears that a corporate	36852
name, limited liability company name, limited liability	36853
partnership name, limited partnership name, or trade name has been	36854
filed, the name of which is not distinguishable upon the record as	36855
provided in section 1702.06 of the Revised Code, the applicant for	36856
reinstatement shall be required by the secretary of state, as a	36857
condition prerequisite to such reinstatement, to amend its	36858
articles by changing its name. A certificate of reinstatement may	36859
be filed in the recorder's office of any county in the state, for	36860
which the recorder shall charge and collect a base fee of one	36861
dollar for services and a housing trust fund fee of one dollar	36862
pursuant to section 317.36 of the Revised Code. The rights,	36863
privileges, and franchises of a corporation whose articles have	36864
been reinstated are subject to section 1702.60 of the Revised	36865
Code.	36866

(G) The secretary of state shall furnish the tax commissioner	36867
a list of all corporations failing to file the required statement	36868
of continued existence.	36869

Sec. 1703.031. (A) If the laws of the United States	36870
prohibit, preempt, or otherwise eliminate the licensing	36871
requirement of sections 1703.01 to 1703.31 of the Revised Code	36872
with respect to a corporation that is a bank, savings bank, or	36873
savings and loan association chartered under the laws of the	36874
United States, the main office of which is located in another	36875
state, the bank, savings bank, or savings and loan association	36876
shall notify the secretary of state that it is transacting	36877
business in this state by submitting a notice in such form as the	36878
secretary of state prescribes. The notice shall be verified by the	36879
oath of the president, vice-president, secretary, or treasurer of	36880
the bank, savings bank, or savings and loan association, and shall	36881
set forth all of the following:	36882

(1) The name of the corporation and any trade name under	36883
which it will do business in this state;	36884

(2) The location and complete address, including the county,	36885
of its main office in another state and its principal office, if	36886
any, in this state;	36887

(3) The appointment of a designated agent and the complete	36888
address of such agent in this state, which agent may be a natural	36889
person who is a resident of this state, or may be a domestic	36890
corporation for profit or a foreign corporation for profit holding	36891
a license as such under the laws of this state, provided that the	36892
domestic or foreign corporation has a business address in this	36893
state and is authorized by its articles of incorporation to act as	36894
such agent;	36895

(4) The irrevocable consent of the corporation to service of	36896
process on such agent so long as the authority of the agent	36897
continues and to service of process upon the secretary of state in	36898
the events provided for in section 1703.19 of the Revised Code;	36899

(5) A brief summary of the business to be transacted within	36900
this state.	36901

(B) The notice required by this section shall be accompanied	36902
by a certificate of good standing or subsistence, dated not	36903
earlier than sixty days prior to the submission of the notice,	36904
under the seal of the proper official of the agency of the United	36905
States that incorporated the bank, savings bank, or savings and	36906
loan association, setting forth the exact corporate title, the	36907
date of incorporation, and the fact that the bank, savings bank,	36908
or savings and loan association is in good standing or is a	36909
subsisting bank, savings bank, or savings and loan association.	36910

(C) Upon submission of the notice, a bank, savings bank, or	36911
savings and loan association shall pay a filing fee ~~of one hundred~~	36912
~~dollars~~ to the secretary of state as required by section 111.16 of	36913
the Revised Code.	36914

(D)(1) No such notice shall be accepted for filing if it	36915
appears that the name of the bank, savings bank, or savings and	36916
loan association is any of the following:	36917

(a) Prohibited by law;

36918

(b) Not distinguishable upon the records in the office of the	36919
secretary of state from the name of a limited liability company,	36920
whether domestic or foreign, or any other corporation, whether	36921
nonprofit or for profit and whether that of a domestic corporation	36922
or of a foreign corporation authorized to transact business in	36923
this state, unless there is also filed with the secretary of state	36924
the consent of the other limited liability company or corporation	36925
to the use of the name, evidenced in a writing signed by any	36926
authorized representative or authorized officer of the other	36927
limited liability company or corporation;	36928

(c) Not distinguishable upon the records in the office of the	36929
secretary of state from a trade name, the exclusive right to which	36930
is at the time in question registered in the manner provided in	36931
Chapter 1329. of the Revised Code, unless there also is filed with	36932
the secretary of state the consent of the other corporation or	36933
person to the use of the name, evidenced in a writing signed by	36934
any authorized officer of the other corporation or authorized	36935
party of the other person owning the exclusive right to the	36936
registered trade name.	36937

(2) Notwithstanding division (D)(1)(b) of this section, if a	36938
notice is not acceptable for filing solely because the name of the	36939
bank, savings bank, or savings and loan association is not	36940
distinguishable from the name of another corporation or registered	36941
trade name, the bank, savings bank, or savings and loan	36942
association may be authorized to transact business in this state	36943
by filing with the secretary of state, in addition to those items	36944
otherwise prescribed by this section, a statement signed by an	36945
authorized officer directing the bank, savings bank, or savings	36946
and loan association to transact business in this state under an	36947
assumed business name or names that comply with the requirements	36948
of division (D) of this section and stating that the bank, savings	36949
bank, or savings and loan association will transact business in	36950
this state only under the assumed name or names.	36951

(E) The secretary of state shall provide evidence of receipt	36952
of notice to each bank, savings bank, or savings and loan	36953
association that submits a notice required by this section.	36954

Sec. 1703.07. If a foreign corporation has merged or	36955
consolidated with one or more foreign corporations, it shall file	36956
with the secretary of state a certificate setting forth the fact	36957
of merger or consolidation, certified by the secretary of state,	36958
or other proper official, of the state under the laws of which the	36959
foreign corporation was incorporated.	36960

The secretary of state, before filing a certificate	36961
evidencing a foreign corporation's merger or consolidation, shall	36962
charge and collect from the foreign corporation a filing fee of	36963
~~ten dollars~~as required by section 111.16 of the Revised Code.	36964

Sec. 1707.11. (A) Each person that is not organized under	36965
the laws of this state, that is not licensed under section 1703.03	36966
of the Revised Code, or that does not have its principal place of	36967
business in this state, shall submit to the division of securities	36968
an irrevocable consent to service of process, as described in	36969
division (B) of this section, in connection with any of the	36970
following:	36971

(1) Filings to claim any of the exemptions enumerated in	36972
division (Q), (W), ~~(X),~~ or (Y) of section 1707.03 of the Revised	36973
Code;	36974

(2) Applications for registration by description,	36975
qualification, or coordination;	36976

(3) Notice filings pursuant to section 1707.092 of the	36977
Revised Code.	36978

(B) The irrevocable written consent shall be executed and	36979
acknowledged by an individual duly authorized to give the consent	36980
and shall do all of the following:	36981

(1) Designate the secretary of state as agent for service of	36982
process or pleadings;	36983

(2) State that actions growing out of the sale of such	36984
securities, the giving of investment advice, or fraud committed by	36985
a person on whose behalf the consent is submitted may be commenced	36986
against the person, in the proper court of any county in this	36987
state in which a cause of action may arise or in which the	36988
plaintiff in the action may reside, by serving on the secretary of	36989
state any proper process or pleading authorized by the laws of	36990
this state;	36991

(3) Stipulate that service of process or pleading on the	36992
secretary of state shall be taken in all courts to be as valid and	36993
binding as if service had been made upon the person on whose	36994
behalf the consent is submitted.	36995

(C) Notwithstanding any application, form, or other material	36996
filed with or submitted to the division that purports to appoint	36997
as agent for service of process a person other than the secretary	36998
of state, the application, form, or other material shall be	36999
considered to appoint the secretary of state as agent for service	37000
of process.	37001

(D) Service of any process or pleadings may be made on the	37002
secretary of state by duplicate copies, of which one shall be	37003
filed in the office of the secretary of state, and the other	37004
immediately forwarded by the secretary of state by certified mail	37005
to the principal place of business of the person on whose behalf	37006
the consent is submitted or to the last known address as shown on	37007
the filing made with the division. However, failure to mail such	37008
copy does not invalidate the service.	37009

(E) Notwithstanding any provision of this chapter, or of any	37010
rule adopted by the division of securities under this chapter,	37011
that requires the submission of a consent to service of process,	37012
the division may provide by rule for the electronic filing or	37013
submission of a consent to service of process.	37014

Sec. 1707.17. (A)(1) The license of every dealer in and	37015
salesperson of securities shall expire on the thirty-first day of	37016
December of each year, and may be renewed upon the filing with the	37017
division of securities of an application for renewal, and the	37018
payment of the fee prescribed in this section. The division shall	37019
give notice, without unreasonable delay, of its action on any	37020
application for renewal of a dealer's or salesperson's license.	37021

(2) The license of every investment adviser and investment	37022
adviser representative licensed under section 1707.141 or 1707.161	37023
of the Revised Code shall expire on the thirty-first day of	37024
December of each year. The licenses may be renewed upon the filing	37025
with the division of an application for renewal, and the payment	37026
of the fee prescribed in division (B) of this section. The	37027
division shall give notice, without unreasonable delay, of its	37028
action on any application for renewal.	37029

(3) An investment adviser required to make a notice filing	37030
under division (B) of section 1707.141 of the Revised Code	37031
annually shall file with the division the notice filing and the	37032
fee prescribed in division (B) of this section, no later than the	37033
thirty-first day of December of each year.	37034

(4) The license of every state retirement system investment	37035
officer licensed under section 1707.163 of the Revised Code and	37036
the license of a bureau of workers' compensation chief investment	37037
officer issued under section 1707.165 of the Revised Code shall	37038
expire on the thirtieth day of June of each year. The licenses may	37039
be renewed on the filing with the division of an application for	37040
renewal, and the payment of the fee prescribed in division (B) of	37041
this section. The division shall give notice, without unreasonable	37042
delay, of its action on any application for renewal.	37043

(B)(1) The fee for each dealer's license, and for each annual	37044
renewal thereof, shall be two hundred dollars.	37045

(2) The fee for each salesperson's license, and for each	37046
annual renewal thereof, shall be sixty dollars.	37047

(3) The fee for each investment adviser's license, and for	37048
each annual renewal thereof, shall be one hundred dollars.	37049

(4) The fee for each investment adviser notice filing	37050
required by division (B) of section 1707.141 of the Revised Code	37051
shall be one hundred dollars.	37052

(5) The fee for each investment adviser representative's	37053
license, and for each annual renewal thereof, shall be thirty-five	37054
dollars.	37055

(6) The fee for each state retirement system investment	37056
officer's license, and for each annual renewal thereof, shall be	37057
fifty dollars.	37058

(7) The fee for a bureau of workers' compensation chief	37059
investment officer's license, and for each annual renewal thereof,	37060
shall be fifty dollars.	37061

(C) A dealer's, salesperson's, investment adviser's,	37062
investment adviser representative's, bureau of workers'	37063
compensation chief investment officer's, or state retirement	37064
system investment officer's license may be issued at any time for	37065
the remainder of the calendar year. In that event, the annual fee	37066
shall not be reduced.	37067

(D) The division may, by rule or order, waive, in whole or in	37068
part, any of the fee requirements of this section for any person	37069
or class of persons if, in the same calendar year, the person or	37070
class of persons is required to pay an additional fee as a result	37071
of changes in federal law and regulations implemented under Title	37072
IV of the "Dodd-Frank Wall Street Reform and Consumer Protection	37073
Act of 2010," 124 Stat. 1576 (2010), 15 U.S.C. 80b-3a(a), under	37074
which a person or class of persons formerly subject to regulation	37075
under the United States securities and exchange commission is	37076
subject to state regulation under Chapter 1707. of the Revised	37077
Code.	37078

Sec. 1711.05. Every county agricultural society annually	37079
shall publish an abstract of its treasurer's account in a	37080
newspaper of general circulation in the county and make a report	37081
of its proceedings during the year. It shall also make, in	37082
accordance with the rules of the department of agriculture, a	37083
synopsis of its awards for improvement in agriculture and in	37084
household manufactures and forward such synopsis to the director	37085
of agriculture at or before the annual meeting of the directors of	37086
the society with the director of agriculture, as provided for in	37087
section 901.06 of the Revised Code. No payment after such date	37088
shall be made from the county treasury to such society unless a	37089
certificate from the director is presented to the county auditor	37090
showing that such reports have been made.	37091

Sec. 1711.07. The board of directors of a county or	37092
independent agricultural society shall consist of at least eight	37093
members. An employee of the Ohio state university extension	37094
service and the county school superintendent shall be members ex	37095
officio. Their terms of office shall be determined by the rules of	37096
the department of agriculture. Any vacancy in the board caused by	37097
death, resignation, refusal to qualify, removal from county, or	37098
other cause may be filled by the board until the society's next	37099
annual election, when a director shall be elected for the	37100
unexpired term. There shall be an annual election of directors by	37101
ballot at a time and a place fixed by the board, but this election	37102
shall not be held later than the first Saturday in December 1994,	37103
and not later than the fifteenth day of November each year	37104
thereafter, beginning in 1995. The secretary of the society shall	37105
give notice of such election, for three weeks prior to the holding	37106
thereof, in ~~at least two newspapers~~a newspaper of ~~opposite~~	37107
~~politics and of~~ general circulation in the county or as provided	37108
in section 7.16 of the Revised Code, or by letter mailed to each	37109
member of the society. Only persons holding membership	37110
certificates at the close of the annual county fair, or at least	37111
fifteen calendar days before the date of election, as may be fixed	37112
by the board, may vote, unless such election is held on the	37113
fairground during the fair, in which case all persons holding	37114
membership certificates on the date and hour of the election may	37115
vote. When the election is to be held during the fair, notice of	37116
such election must be prominently mentioned in the premium list,	37117
in addition to the notice required in ~~newspapers~~a newspaper. The	37118
terms of office of the retiring directors shall expire, and those	37119
of the directors-elect shall begin, not later than the first	37120
Saturday in January 1995, and not later than the thirtieth day of	37121
November each year thereafter, beginning in 1995.	37122

The secretary of such society shall send the name and address	37123
of each member of its board to the director of agriculture within	37124
ten days after the election.	37125

Sec. 1711.18. In a county in which there is a county	37126
agricultural society indebted fifteen thousand dollars or more,	37127
and such society has purchased a fairground or title to such	37128
fairground is vested in fee in the county, the board of county	37129
commissioners, upon the presentation of a petition signed by not	37130
less than five hundred resident electors of the county praying for	37131
the submission to the electors of the county of the question	37132
whether or not county bonds shall be issued and sold to liquidate	37133
such indebtedness, shall, by resolution within ten days	37134
thereafter, fix a date, which shall be within thirty days, upon	37135
which the question of issuing and selling such bonds, in the	37136
necessary amount and denomination, shall be submitted to the	37137
electors of the county. The board also shall cause a copy of such	37138
resolution to be certified to the county board of elections and	37139
such board of elections, within ten days after such certification,	37140
shall proceed to make the necessary arrangements for the	37141
submission of such question to such electors at the time fixed by	37142
such resolution.	37143

Such election shall be held at the regular places of voting	37144
in the county and shall be conducted, canvassed, and certified,	37145
except as otherwise provided by law, as are elections of county	37146
officers. The county board of elections must give fifteen days'	37147
notice of such submission by publication in ~~one or more newspapers~~	37148
~~published~~a newspaper of general circulation in the county once a	37149
week for two consecutive weeks or as provided in section 7.16 of	37150
the Revised Code, stating the amount of bonds to be issued, the	37151
purpose for which they are to be issued, and the time and places	37152
of holding such election. Those who vote in favor of the	37153
proposition shall have written or printed on their ballots "for	37154
the issue of bonds" and those who vote against it shall have	37155
written or printed on their ballots "against the issue of bonds."	37156
If a majority of those voting upon the question of issuing the	37157
bonds vote in favor thereof, then and only then shall they be	37158
issued and the tax provided for in section 1711.20 of the Revised	37159
Code be levied.	37160

Sec. 1711.30. Before issuing bonds under section 1711.28 of	37161
the Revised Code, the board of county commissioners, by	37162
resolution, shall submit to the qualified electors of the county	37163
at the next general election for county officers, held not less	37164
than ninety days after receiving from the county agricultural	37165
society the notice provided for in section 1711.25 of the Revised	37166
Code, the question of issuing and selling such bonds in such	37167
amount and denomination as are necessary for the purpose in view,	37168
and shall certify a copy of such resolution to the county board of	37169
elections.	37170

The county board of elections shall place the question of	37171
issuing and selling such bonds upon the ballot and make all other	37172
necessary arrangements for the submission, at the time fixed by	37173
such resolution, of such question to such electors. The votes cast	37174
at such election upon such question must be counted, canvassed,	37175
and certified in the same manner, except as provided by law, as	37176
votes cast for county officers. Fifteen days' notice of such	37177
submission shall be given by the county board of elections, by	37178
publication once a week for two consecutive weeks in ~~two or more~~	37179
~~newspapers published~~a newspaper of general circulation in the	37180
county or as provided in section 7.16 of the Revised Code, stating	37181
the amount of bonds to be issued, the purpose for which they are	37182
to be issued, and the time and places of holding such election.	37183
Such question must be stated on the ballot as follows: "For the	37184
issue of county fair bonds, yes"; "For the issue of county fair	37185
bonds, no." If the majority of those voting upon the question of	37186
issuing the bonds vote in favor thereof, then and only then shall	37187
they be issued and the tax provided for in section 1711.29 of the	37188
Revised Code be levied.	37189

Sec. 1728.06. Every community urban redevelopment	37190
corporation qualifying under this chapter, before proceeding with	37191
any project authorized in this chapter, shall make written	37192
application to the municipal corporation for approval thereof. The	37193
application shall be in such form and shall certify to such facts	37194
and data as shall be required by the municipal corporation, and	37195
may include but not be limited to:	37196

(A) A general statement of the nature of the proposed	37197
project, that the undertaking conforms to all applicable municipal	37198
ordinances, that its completion will meet an existing need, and	37199
that the project accords with the master plan or official map, if	37200
any, of the municipal corporation;	37201

(B) A description of the proposed project outlining the area	37202
included and a description of each unit thereof if the project is	37203
to be undertaken in units and setting out such architectural and	37204
site plans as may be required;	37205

(C) A statement of the estimated cost of the proposed project	37206
in such detail as may be required, including the estimated cost of	37207
each unit if it is to be so undertaken;	37208

(D) The source, method, and amount of money to be subscribed	37209
through the investment of private capital, setting forth the	37210
amount of stock or other securities to be issued therefor;	37211

(E) A fiscal plan for the project outlining a schedule of	37212
rents, the estimated expenditures for operation and maintenance,	37213
payments for interest, amortization of debt and reserves, and	37214
payments to the municipal corporation to be made pursuant to a	37215
financial agreement to be entered into with the municipal	37216
corporation;	37217

(F) A relocation plan providing for the relocation of	37218
persons, including families, business concerns, and others,	37219
displaced by the project, which relocation plan shall include, but	37220
not be limited to, the proposed method for the relocation of	37221
residents who will be displaced from their dwelling accommodations	37222
in decent, safe, and sanitary dwelling accommodations within their	37223
means, or with provision for adjustment payments to bring such	37224
accommodations within their means, and without undue hardship, and	37225
reasonable moving costs;	37226

(G) The names and tax mailing addresses, as determined from	37227
the records of the county auditor not more than five days prior to	37228
the submission of the application to the mayor of the municipal	37229
corporation, of the owners of all property which the corporation	37230
proposes in its application to acquire.	37231

Such application shall be addressed and submitted to the	37232
mayor of the municipal corporation, who shall, within sixty days	37233
after receipt thereof, submit it with ~~his~~the mayor's	37234
recommendations to the governing body. The application shall be a	37235
matter of public record upon receipt by the mayor.	37236

The governing body shall by notice published once a week for	37237
two consecutive weeks in a newspaper of general circulation in the	37238
municipal corporation or as provided in section 7.16 of the	37239
Revised Code, by written notice, by certified mail or personal	37240
service, to the owners of property which the corporation proposes	37241
in its application to purchase at the tax mailing address as set	37242
forth in the corporation's application, by the putting up of signs	37243
in at least five places within the area covered by the	37244
application, and by giving written notice, by certified mail or	37245
personal service, to community organizations known by the clerk of	37246
the governing body to represent a substantial number of the	37247
residents of the area covered by the application, advise that the	37248
application is on file in the office of the clerk of the governing	37249
body of the municipal corporation and is available for inspection	37250
by the general public during business hours and advise that a	37251
public hearing shall be held thereon, stating the place and time	37252
of the public hearing, which time shall be not less than fourteen	37253
days after the first publication, or after sending the mailed	37254
notice, or after the putting up of the signs, whichever is later.	37255

Following the public hearing and after complying with section	37256
5709.83 of the Revised Code, the governing body, taking into	37257
consideration the financial impact on the community, shall by	37258
resolution approve or disapprove the application, approval to be	37259
by an affirmative vote of not less than three-fifths of the	37260
governing body, but in the event of disapproval, changes may be	37261
suggested to secure its approval.	37262

An application may be revised or resubmitted in the same	37263
manner and subject to the same procedures as an original	37264
application. The clerk of the governing body shall diligently	37265
discharge the duties imposed on the clerk by this division,	37266
provided failure of the clerk to send written notices to all	37267
community organizations, in a good faith effort by the clerk to	37268
give the required notice, shall not invalidate any proceedings	37269
under this chapter. The failure of delivery of notice given by	37270
certified mail under this division shall not invalidate any	37271
proceedings under this chapter.	37272

Sec. 1728.07. Every approved project shall be evidenced by a	37273
financial agreement between the municipal corporation and the	37274
community urban redevelopment corporation. Such agreement shall be	37275
prepared by the community urban redevelopment corporation and	37276
submitted as a separate part of its application for project	37277
approval.	37278

The financial agreement shall be in the form of a contract	37279
requiring full performance within twenty years from the date of	37280
completion of the project and shall, as a minimum, include the	37281
following:	37282

(A) That all improvements in the project to be constructed or	37283
acquired by the corporation shall be exempt from taxation, subject	37284
to section 1728.10 of the Revised Code;	37285

(B) That the corporation shall make payments in lieu of real	37286
estate taxes not less than the amount as provided by section	37287
1728.11 of the Revised Code; or if the municipal corporation is an	37288
impacted city, not less than the amount as provided by section	37289
1728.111 of the Revised Code;	37290

(C) That the corporation, its successors and assigns, shall	37291
use, develop, and redevelop the real property of the project in	37292
accordance with, and for the period of, the community development	37293
plan approved by the governing body of the municipal corporation	37294
for the blighted area in which the project is situated and shall	37295
so bind its successors and assigns by appropriate agreements and	37296
covenants running with the land enforceable by the municipal	37297
corporation.	37298

(D) If the municipal corporation is an impacted city, the	37299
extent of the undertakings and activities of the corporation for	37300
the elimination and for the prevention of the development or	37301
spread of blight.	37302

(E) That the corporation or the municipal corporation, or	37303
both, shall provide for carrying out relocation of persons,	37304
families, business concerns, and others displaced by the project,	37305
pursuant to a relocation plan, including the method for the	37306
relocation of residents in decent, safe, and sanitary dwelling	37307
accommodations, and reasonable moving costs, determined to be	37308
feasible by the governing body of the municipal corporation. Where	37309
the relocation plan is carried out by the corporation, its	37310
officers, employees, agents, or lessees, the municipal corporation	37311
shall enforce and supervise the corporation's compliance with the	37312
relocation plan. If the corporation refuses or fails to comply	37313
with the relocation plan and the municipal corporation fails or	37314
refuses to enforce compliance with such plan, the director of	37315
development may request the attorney general to commence a civil	37316
action against the municipality and the corporation to require	37317
compliance with such relocation plan. Prior to requesting action	37318
by the attorney general the director shall give notice of the	37319
proposed action to the municipality and the corporation, provide	37320
an opportunity to such municipality and corporation for	37321
discussions on the matter, and allow a reasonable time in which	37322
the corporation may begin compliance with the relocation plan, or	37323
the municipality may commence enforcement of the relocation plan.	37324

(F) That the corporation shall submit annually, within ninety	37325
days after the close of its fiscal year, its auditor's reports to	37326
the mayor and governing body of the municipal corporation;	37327

(G) That the corporation shall, upon request, permit	37328
inspection of property, equipment, buildings, and other facilities	37329
of the corporation, and also permit examination and audit of its	37330
books, contracts, records, documents, and papers by authorized	37331
representatives of the municipal corporation;	37332

(H) That in the event of any dispute between the parties the	37333
matters in controversy shall be resolved by arbitration in the	37334
manner provided therein;	37335

(I) That operation under the financial agreement is	37336
terminable by the corporation in the manner provided by Chapter	37337
1728. of the Revised Code;	37338

(J) That the corporation shall, at all times prior to the	37339
expiration or other termination of the financial agreement, remain	37340
bound by Chapter 1728. of the Revised Code;	37341

(K) ~~That all wages paid to laborers and mechanics employed~~	37342
~~for work on such projects, other than for residential structures~~	37343
~~containing seven or less family units, shall be paid at the~~	37344
~~prevailing rates of wages of laborers and mechanics for the class~~	37345
~~of work called for by the project, which wages shall be determined~~	37346
~~in accordance with the requirements of Chapter 4115. of the~~	37347
~~Revised Code for determination of prevailing wage rates, provided~~	37348
~~that the requirements of this division do not apply where the~~	37349
~~federal government or any of its agencies furnishes by law or~~	37350
~~grant all or any part of the funds used in connection with such~~	37351
~~project and prescribes predetermined minimum wages to be paid to~~	37352
~~such laborers and mechanics.~~	37353

Modifications of the financial agreement may from time to	37354
time be made by agreement between the governing body of the	37355
municipal corporation and the community urban redevelopment	37356
corporation.	37357

Sec. 1751.01. As used in this chapter:

37358

(A)(1) "Basic health care services" means the following	37359
services when medically necessary:	37360

(a) Physician's services, except when such services are	37361
supplemental under division (B) of this section;	37362

(b) Inpatient hospital services;

37363

37364

(d) Emergency health services;

37365

(e) Urgent care services;

37366

(f) Diagnostic laboratory services and diagnostic and	37367
therapeutic radiologic services;	37368

(g) Diagnostic and treatment services, other than	37369
prescription drug services, for biologically based mental	37370
illnesses;	37371

(h) Preventive health care services, including, but not	37372
limited to, voluntary family planning services, infertility	37373
services, periodic physical examinations, prenatal obstetrical	37374
care, and well-child care;	37375

(i) Routine patient care for patients enrolled in an eligible	37376
cancer clinical trial pursuant to section 3923.80 of the Revised	37377
Code.	37378

"Basic health care services" does not include experimental	37379
procedures.	37380

Except as provided by divisions (A)(2) and (3) of this	37381
section in connection with the offering of coverage for diagnostic	37382
and treatment services for biologically based mental illnesses, a	37383
health insuring corporation shall not offer coverage for a health	37384
care service, defined as a basic health care service by this	37385
division, unless it offers coverage for all listed basic health	37386
care services. However, this requirement does not apply to the	37387
coverage of beneficiaries enrolled in medicare pursuant to a	37388
medicare contract, or to the coverage of beneficiaries enrolled in	37389
the federal employee health benefits program pursuant to 5	37390
U.S.C.A. 8905, or to the coverage of medicaid recipients, ~~or to~~	37391
~~the coverage of participants of the children's buy-in program,~~ or	37392
to the coverage of beneficiaries under any federal health care	37393
program regulated by a federal regulatory body, or to the coverage	37394
of beneficiaries under any contract covering officers or employees	37395
of the state that has been entered into by the department of	37396
administrative services.	37397

(2) A health insuring corporation may offer coverage for	37398
diagnostic and treatment services for biologically based mental	37399
illnesses without offering coverage for all other basic health	37400
care services. A health insuring corporation may offer coverage	37401
for diagnostic and treatment services for biologically based	37402
mental illnesses alone or in combination with one or more	37403
supplemental health care services. However, a health insuring	37404
corporation that offers coverage for any other basic health care	37405
service shall offer coverage for diagnostic and treatment services	37406
for biologically based mental illnesses in combination with the	37407
offer of coverage for all other listed basic health care services.	37408

(3) A health insuring corporation that offers coverage for	37409
basic health care services is not required to offer coverage for	37410
diagnostic and treatment services for biologically based mental	37411
illnesses in combination with the offer of coverage for all other	37412
listed basic health care services if all of the following apply:	37413

(a) The health insuring corporation submits documentation	37414
certified by an independent member of the American academy of	37415
actuaries to the superintendent of insurance showing that incurred	37416
claims for diagnostic and treatment services for biologically	37417
based mental illnesses for a period of at least six months	37418
independently caused the health insuring corporation's costs for	37419
claims and administrative expenses for the coverage of basic	37420
health care services to increase by more than one per cent per	37421
year.	37422

(b) The health insuring corporation submits a signed letter	37423
from an independent member of the American academy of actuaries to	37424
the superintendent of insurance opining that the increase in costs	37425
described in division (A)(3)(a) of this section could reasonably	37426
justify an increase of more than one per cent in the annual	37427
premiums or rates charged by the health insuring corporation for	37428
the coverage of basic health care services.	37429

(c) The superintendent of insurance makes the following	37430
determinations from the documentation and opinion submitted	37431
pursuant to divisions (A)(3)(a) and (b) of this section:	37432

(i) Incurred claims for diagnostic and treatment services for	37433
biologically based mental illnesses for a period of at least six	37434
months independently caused the health insuring corporation's	37435
costs for claims and administrative expenses for the coverage of	37436
basic health care services to increase by more than one per cent	37437
per year.	37438

(ii) The increase in costs reasonably justifies an increase	37439
of more than one per cent in the annual premiums or rates charged	37440
by the health insuring corporation for the coverage of basic	37441
health care services.	37442

Any determination made by the superintendent under this	37443
division is subject to Chapter 119. of the Revised Code.	37444

(B)(1) "Supplemental health care services" means any health	37445
care services other than basic health care services that a health	37446
insuring corporation may offer, alone or in combination with	37447
either basic health care services or other supplemental health	37448
care services, and includes:	37449

(a) Services of facilities for intermediate or long-term	37450
care, or both;	37451

(b) Dental care services;

37452

(c) Vision care and optometric services including lenses and	37453
frames;	37454

(d) Podiatric care or foot care services;

37455

(e) Mental health services, excluding diagnostic and	37456
treatment services for biologically based mental illnesses;	37457

(f) Short-term outpatient evaluative and crisis-intervention	37458
mental health services;	37459

(g) Medical or psychological treatment and referral services	37460
for alcohol and drug abuse or addiction;	37461

(h) Home health services;

37462

(i) Prescription drug services;

37463

(j) Nursing services;

37464

(k) Services of a dietitian licensed under Chapter 4759. of	37465
the Revised Code;	37466

(l) Physical therapy services;

37467

(m) Chiropractic services;

37468

(n) Any other category of services approved by the	37469
superintendent of insurance.	37470

(2) If a health insuring corporation offers prescription drug	37471
services under this division, the coverage shall include	37472
prescription drug services for the treatment of biologically based	37473
mental illnesses on the same terms and conditions as other	37474
physical diseases and disorders.	37475

(C) "Specialty health care services" means one of the	37476
supplemental health care services listed in division (B) of this	37477
section, when provided by a health insuring corporation on an	37478
outpatient-only basis and not in combination with other	37479
supplemental health care services.	37480

(D) "Biologically based mental illnesses" means	37481
schizophrenia, schizoaffective disorder, major depressive	37482
disorder, bipolar disorder, paranoia and other psychotic	37483
disorders, obsessive-compulsive disorder, and panic disorder, as	37484
these terms are defined in the most recent edition of the	37485
diagnostic and statistical manual of mental disorders published by	37486
the American psychiatric association.	37487

(E) ~~"Children's buy-in program" has the same meaning as in~~	37488
~~section 5101.5211 of the Revised Code.~~	37489

~~(F)~~ "Closed panel plan" means a health care plan that	37490
requires enrollees to use participating providers.	37491

~~(G)~~(F) "Compensation" means remuneration for the provision of	37492
health care services, determined on other than a fee-for-service	37493
or discounted-fee-for-service basis.	37494

~~(H)~~(G) "Contractual periodic prepayment" means the formula	37495
for determining the premium rate for all subscribers of a health	37496
insuring corporation.	37497

~~(I)~~(H) "Corporation" means a corporation formed under Chapter	37498
1701. or 1702. of the Revised Code or the similar laws of another	37499
state.	37500

~~(J)~~(I) "Emergency health services" means those health care	37501
services that must be available on a seven-days-per-week,	37502
twenty-four-hours-per-day basis in order to prevent jeopardy to an	37503
enrollee's health status that would occur if such services were	37504
not received as soon as possible, and includes, where appropriate,	37505
provisions for transportation and indemnity payments or service	37506
agreements for out-of-area coverage.	37507

~~(K)~~(J) "Enrollee" means any natural person who is entitled to	37508
receive health care benefits provided by a health insuring	37509
corporation.	37510

~~(L)~~(K) "Evidence of coverage" means any certificate,	37511
agreement, policy, or contract issued to a subscriber that sets	37512
out the coverage and other rights to which such person is entitled	37513
under a health care plan.	37514

~~(M)~~(L) "Health care facility" means any facility, except a	37515
health care practitioner's office, that provides preventive,	37516
diagnostic, therapeutic, acute convalescent, rehabilitation,	37517
mental health, mental retardation, intermediate care, or skilled	37518
nursing services.	37519

~~(N)~~(M) "Health care services" means basic, supplemental, and	37520
specialty health care services.	37521

~~(O)~~(N) "Health delivery network" means any group of providers	37522
or health care facilities, or both, or any representative thereof,	37523
that have entered into an agreement to offer health care services	37524
in a panel rather than on an individual basis.	37525

~~(P)~~(O) "Health insuring corporation" means a corporation, as	37526
defined in division ~~(I)~~(H) of this section, that, pursuant to a	37527
policy, contract, certificate, or agreement, pays for, reimburses,	37528
or provides, delivers, arranges for, or otherwise makes available,	37529
basic health care services, supplemental health care services, or	37530
specialty health care services, or a combination of basic health	37531
care services and either supplemental health care services or	37532
specialty health care services, through either an open panel plan	37533
or a closed panel plan.	37534

"Health insuring corporation" does not include a limited	37535
liability company formed pursuant to Chapter 1705. of the Revised	37536
Code, an insurer licensed under Title XXXIX of the Revised Code if	37537
that insurer offers only open panel plans under which all	37538
providers and health care facilities participating receive their	37539
compensation directly from the insurer, a corporation formed by or	37540
on behalf of a political subdivision or a department, office, or	37541
institution of the state, or a public entity formed by or on	37542
behalf of a board of county commissioners, a county board of	37543
developmental disabilities, an alcohol and drug addiction services	37544
board, a board of alcohol, drug addiction, and mental health	37545
services, or a community mental health board, as those terms are	37546
used in Chapters 340. and 5126. of the Revised Code. Except as	37547
provided by division (D) of section 1751.02 of the Revised Code,	37548
or as otherwise provided by law, no board, commission, agency, or	37549
other entity under the control of a political subdivision may	37550
accept insurance risk in providing for health care services.	37551
However, nothing in this division shall be construed as	37552
prohibiting such entities from purchasing the services of a health	37553
insuring corporation or a third-party administrator licensed under	37554
Chapter 3959. of the Revised Code.	37555

~~(Q)~~(P) "Intermediary organization" means a health delivery	37556
network or other entity that contracts with licensed health	37557
insuring corporations or self-insured employers, or both, to	37558
provide health care services, and that enters into contractual	37559
arrangements with other entities for the provision of health care	37560
services for the purpose of fulfilling the terms of its contracts	37561
with the health insuring corporations and self-insured employers.	37562

~~(R)~~(Q) "Intermediate care" means residential care above the	37563
level of room and board for patients who require personal	37564
assistance and health-related services, but who do not require	37565
skilled nursing care.	37566

~~(S)~~(R) "Medicaid" has the same meaning as in section 5111.01	37567
of the Revised Code.	37568

~~(T)~~(S) "Medical record" means the personal information that	37569
relates to an individual's physical or mental condition, medical	37570
history, or medical treatment.	37571

~~(U)~~(T) "Medicare" means the program established under Title	37572
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	37573
1395, as amended.	37574

~~(V)~~(U)(1) "Open panel plan" means a health care plan that	37575
provides incentives for enrollees to use participating providers	37576
and that also allows enrollees to use providers that are not	37577
participating providers.	37578

(2) No health insuring corporation may offer an open panel	37579
plan, unless the health insuring corporation is also licensed as	37580
an insurer under Title XXXIX of the Revised Code, the health	37581
insuring corporation, on June 4, 1997, holds a certificate of	37582
authority or license to operate under Chapter 1736. or 1740. of	37583
the Revised Code, or an insurer licensed under Title XXXIX of the	37584
Revised Code is responsible for the out-of-network risk as	37585
evidenced by both an evidence of coverage filing under section	37586
1751.11 of the Revised Code and a policy and certificate filing	37587
under section 3923.02 of the Revised Code.	37588

~~(W)~~(V) "Panel" means a group of providers or health care	37589
facilities that have joined together to deliver health care	37590
services through a contractual arrangement with a health insuring	37591
corporation, employer group, or other payor.	37592

~~(X)~~(W) "Person" has the same meaning as in section 1.59 of	37593
the Revised Code, and, unless the context otherwise requires,	37594
includes any insurance company holding a certificate of authority	37595
under Title XXXIX of the Revised Code, any subsidiary and	37596
affiliate of an insurance company, and any government agency.	37597

~~(Y)~~(X) "Premium rate" means any set fee regularly paid by a	37598
subscriber to a health insuring corporation. A "premium rate" does	37599
not include a one-time membership fee, an annual administrative	37600
fee, or a nominal access fee, paid to a managed health care system	37601
under which the recipient of health care services remains solely	37602
responsible for any charges accessed for those services by the	37603
provider or health care facility.	37604

~~(Z)~~(Y) "Primary care provider" means a provider that is	37605
designated by a health insuring corporation to supervise,	37606
coordinate, or provide initial care or continuing care to an	37607
enrollee, and that may be required by the health insuring	37608
corporation to initiate a referral for specialty care and to	37609
maintain supervision of the health care services rendered to the	37610
enrollee.	37611

~~(AA)~~(Z) "Provider" means any natural person or partnership of	37612
natural persons who are licensed, certified, accredited, or	37613
otherwise authorized in this state to furnish health care	37614
services, or any professional association organized under Chapter	37615
1785. of the Revised Code, provided that nothing in this chapter	37616
or other provisions of law shall be construed to preclude a health	37617
insuring corporation, health care practitioner, or organized	37618
health care group associated with a health insuring corporation	37619
from employing certified nurse practitioners, certified nurse	37620
anesthetists, clinical nurse specialists, certified nurse	37621
midwives, dietitians, physician assistants, dental assistants,	37622
dental hygienists, optometric technicians, or other allied health	37623
personnel who are licensed, certified, accredited, or otherwise	37624
authorized in this state to furnish health care services.	37625

~~(BB)~~(AA) "Provider sponsored organization" means a	37626
corporation, as defined in division ~~(I)~~(H) of this section, that	37627
is at least eighty per cent owned or controlled by one or more	37628
hospitals, as defined in section 3727.01 of the Revised Code, or	37629
one or more physicians licensed to practice medicine or surgery or	37630
osteopathic medicine and surgery under Chapter 4731. of the	37631
Revised Code, or any combination of such physicians and hospitals.	37632
Such control is presumed to exist if at least eighty per cent of	37633
the voting rights or governance rights of a provider sponsored	37634
organization are directly or indirectly owned, controlled, or	37635
otherwise held by any combination of the physicians and hospitals	37636
described in this division.	37637

~~(CC)~~(BB) "Solicitation document" means the written materials	37638
provided to prospective subscribers or enrollees, or both, and	37639
used for advertising and marketing to induce enrollment in the	37640
health care plans of a health insuring corporation.	37641

~~(DD)~~(CC) "Subscriber" means a person who is responsible for	37642
making payments to a health insuring corporation for participation	37643
in a health care plan, or an enrollee whose employment or other	37644
status is the basis of eligibility for enrollment in a health	37645
insuring corporation.	37646

~~(EE)~~(DD) "Urgent care services" means those health care	37647
services that are appropriately provided for an unforeseen	37648
condition of a kind that usually requires medical attention	37649
without delay but that does not pose a threat to the life, limb,	37650
or permanent health of the injured or ill person, and may include	37651
such health care services provided out of the health insuring	37652
corporation's approved service area pursuant to indemnity payments	37653
or service agreements.	37654

Sec. 1751.04. (A) Except as provided by division (D) of this	37655
section, upon the receipt by the superintendent of insurance of a	37656
complete application for a certificate of authority to establish	37657
or operate a health insuring corporation, which application sets	37658
forth or is accompanied by the information and documents required	37659
by division (A) of section 1751.03 of the Revised Code, the	37660
superintendent shall review the application and accompanying	37661
documents and make findings as to whether the applicant for a	37662
certificate of authority has done all of the following with	37663
respect to any basic health care services and supplemental health	37664
care services to be furnished:	37665

(1) Demonstrated the willingness and potential ability to	37666
ensure that all basic health care services and supplemental health	37667
care services described in the evidence of coverage will be	37668
provided to all its enrollees as promptly as is appropriate and in	37669
a manner that assures continuity;	37670

(2) Made effective arrangements to ensure that its enrollees	37671
have reliable access to qualified providers in those specialties	37672
that are generally available in the geographic area or areas to be	37673
served by the applicant and that are necessary to provide all	37674
basic health care services and supplemental health care services	37675
described in the evidence of coverage;	37676

(3) Made appropriate arrangements for the availability of	37677
short-term health care services in emergencies within the	37678
geographic area or areas to be served by the applicant,	37679
twenty-four hours per day, seven days per week, and for the	37680
provision of adequate coverage whenever an out-of-area emergency	37681
arises;	37682

(4) Made appropriate arrangements for an ongoing evaluation	37683
and assurance of the quality of health care services provided to	37684
enrollees, including, if applicable, the development of a quality	37685
assurance program complying with the requirements of sections	37686
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	37687
personnel, facilities, and equipment by or through which the	37688
services are rendered;	37689

(5) Developed a procedure to gather and report statistics	37690
relating to the cost and effectiveness of its operations, the	37691
pattern of utilization of its services, and the quality,	37692
availability, and accessibility of its services.	37693

(B) Based upon the information provided in the application	37694
for issuance of a certificate of authority, the superintendent	37695
shall determine whether or not the applicant meets the	37696
requirements of division (A) of this section. If the	37697
superintendent determines that the applicant does not meet these	37698
requirements, the superintendent shall specify in what respects it	37699
is deficient. However, the superintendent shall not deny an	37700
application because the requirements of this section are not met	37701
unless the applicant has been given an opportunity for a hearing	37702
on that issue.	37703

(C) If the applicant requests a hearing, the superintendent	37704
shall hold a hearing before denying an application because the	37705
applicant does not meet the requirements of this section. The	37706
hearing shall be held in accordance with Chapter 119. of the	37707
Revised Code.	37708

(D) Nothing in this section requires the superintendent to	37709
review or make findings with regard to an application and	37710
accompanying documents to establish or operate any of the	37711
following:	37712

(1) A health insuring corporation to cover solely medicaid	37713
recipients;	37714

(2) A health insuring corporation to cover solely medicare	37715
beneficiaries;	37716

(3) A health insuring corporation to cover solely medicaid	37717
recipients and medicare beneficiaries;	37718

~~(4) A health insuring corporation to cover solely~~	37719
~~participants of the children's buy-in program;~~	37720

~~(5) A health insuring corporation to cover solely medicaid~~	37721
~~recipients and participants of the children's buy-in program;~~	37722

~~(6) A health insuring corporation to cover solely medicaid~~	37723
~~recipients, medicare beneficiaries, and participants of the~~	37724
~~children's buy-in program~~.	37725

Sec. 1751.11. (A) Every subscriber of a health insuring	37726
corporation is entitled to an evidence of coverage for the health	37727
care plan under which health care benefits are provided.	37728

(B) Every subscriber of a health insuring corporation that	37729
offers basic health care services is entitled to an identification	37730
card or similar document that specifies the health insuring	37731
corporation's name as stated in its articles of incorporation, and	37732
any trade or fictitious names used by the health insuring	37733
corporation. The identification card or document shall list at	37734
least one toll-free telephone number that provides the subscriber	37735
with access, to information on a twenty-four-hours-per-day,	37736
seven-days-per-week basis, as to how health care services may be	37737
obtained. The identification card or document shall also list at	37738
least one toll-free number that, during normal business hours,	37739
provides the subscriber with access to information on the coverage	37740
available under the subscriber's health care plan and information	37741
on the health care plan's internal and external review processes.	37742

(C) No evidence of coverage, or amendment to the evidence of	37743
coverage, shall be delivered, issued for delivery, renewed, or	37744
used, until the form of the evidence of coverage or amendment has	37745
been filed by the health insuring corporation with the	37746
superintendent of insurance. If the superintendent does not	37747
disapprove the evidence of coverage or amendment within sixty days	37748
after it is filed it shall be deemed approved, unless the	37749
superintendent sooner gives approval for the evidence of coverage	37750
or amendment. With respect to an amendment to an approved evidence	37751
of coverage, the superintendent only may disapprove provisions	37752
amended or added to the evidence of coverage. If the	37753
superintendent determines within the sixty-day period that any	37754
evidence of coverage or amendment fails to meet the requirements	37755
of this section, the superintendent shall so notify the health	37756
insuring corporation and it shall be unlawful for the health	37757
insuring corporation to use such evidence of coverage or	37758
amendment. At any time, the superintendent, upon at least thirty	37759
days' written notice to a health insuring corporation, may	37760
withdraw an approval, deemed or actual, of any evidence of	37761
coverage or amendment on any of the grounds stated in this	37762
section. Such disapproval shall be effected by a written order,	37763
which shall state the grounds for disapproval and shall be issued	37764
in accordance with Chapter 119. of the Revised Code.	37765

(D) No evidence of coverage or amendment shall be delivered,	37766
issued for delivery, renewed, or used:	37767

(1) If it contains provisions or statements that are	37768
inequitable, untrue, misleading, or deceptive;	37769

(2) Unless it contains a clear, concise, and complete	37770
statement of the following:	37771

(a) The health care services and insurance or other benefits,	37772
if any, to which an enrollee is entitled under the health care	37773
plan;	37774

(b) Any exclusions or limitations on the health care	37775
services, type of health care services, benefits, or type of	37776
benefits to be provided, including copayments and deductibles;	37777

(c) An enrollee's personal financial obligation for	37778
noncovered services;	37779

(d) Where and in what manner general information and	37780
information as to how health care services may be obtained is	37781
available, including a toll-free telephone number;	37782

(e) The premium rate with respect to individual and	37783
conversion contracts, and relevant copayment and deductible	37784
provisions with respect to all contracts. The statement of the	37785
premium rate, however, may be contained in a separate insert.	37786

(f) The method utilized by the health insuring corporation	37787
for resolving enrollee complaints;	37788

(g) The utilization review, internal review, and external	37789
review procedures established under sections 1751.77 to 1751.85 of	37790
the Revised Code.	37791

(3) Unless it provides for the continuation of an enrollee's	37792
coverage, in the event that the enrollee's coverage under the	37793
group policy, contract, certificate, or agreement terminates while	37794
the enrollee is receiving inpatient care in a hospital. This	37795
continuation of coverage shall terminate at the earliest	37796
occurrence of any of the following:	37797

(a) The enrollee's discharge from the hospital;

37798

(b) The determination by the enrollee's attending physician	37799
that inpatient care is no longer medically indicated for the	37800
enrollee; however, nothing in division (D)(3)(b) of this section	37801
precludes a health insuring corporation from engaging in	37802
utilization review as described in the evidence of coverage.	37803

(c) The enrollee's reaching the limit for contractual	37804
benefits;	37805

(d) The effective date of any new coverage.

37806

(4) Unless it contains a provision that states, in substance,	37807
that the health insuring corporation is not a member of any	37808
guaranty fund, and that in the event of the health insuring	37809
corporation's insolvency, an enrollee is protected only to the	37810
extent that the hold harmless provision required by section	37811
1751.13 of the Revised Code applies to the health care services	37812
rendered;	37813

(5) Unless it contains a provision that states, in substance,	37814
that in the event of the insolvency of the health insuring	37815
corporation, an enrollee may be financially responsible for health	37816
care services rendered by a provider or health care facility that	37817
is not under contract to the health insuring corporation, whether	37818
or not the health insuring corporation authorized the use of the	37819
provider or health care facility.	37820

(E) Notwithstanding divisions (C) and (D) of this section, a	37821
health insuring corporation may use an evidence of coverage that	37822
provides for the coverage of beneficiaries enrolled in medicare	37823
pursuant to a medicare contract, or an evidence of coverage that	37824
provides for the coverage of beneficiaries enrolled in the federal	37825
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	37826
an evidence of coverage that provides for the coverage of medicaid	37827
recipients, ~~or an evidence of coverage that provides for coverage~~	37828
~~of participants of the children's buy-in program,~~ or an evidence	37829
of coverage that provides for the coverage of beneficiaries under	37830
any other federal health care program regulated by a federal	37831
regulatory body, or an evidence of coverage that provides for the	37832
coverage of beneficiaries under any contract covering officers or	37833
employees of the state that has been entered into by the	37834
department of administrative services, if both of the following	37835
apply:	37836

(1) The evidence of coverage has been approved by the United	37837
States department of health and human services, the United States	37838
office of personnel management, the Ohio department of job and	37839
family services, or the department of administrative services.	37840

(2) The evidence of coverage is filed with the superintendent	37841
of insurance prior to use and is accompanied by documentation of	37842
approval from the United States department of health and human	37843
services, the United States office of personnel management, the	37844
Ohio department of job and family services, or the department of	37845
administrative services.	37846

Sec. 1751.111. (A)(1) This section applies to both of the	37847
following:	37848

(a) A health insuring corporation that issues or requires the	37849
use of a standardized identification card or an electronic	37850
technology for submission and routing of prescription drug claims	37851
pursuant to a policy, contract, or agreement for health care	37852
services;	37853

(b) A person or entity that a health insuring corporation	37854
contracts with to issue a standardized identification card or an	37855
electronic technology described in division (A)(1)(a) of this	37856
section.	37857

(2) Notwithstanding division (A)(1) of this section, this	37858
section does not apply to the issuance or required use of a	37859
standardized identification card or an electronic technology for	37860
submission and routing of prescription drug claims in connection	37861
with any of the following:	37862

(a) Coverage provided under the medicare advantage program	37863
operated pursuant to Part C of Title XVIII of the "Social Security	37864
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	37865

(b) Coverage provided under medicaid.

37866

37867

~~(d)~~ Coverage provided under an employer's self-insurance plan	37868
or by any of its administrators, as defined in section 3959.01 of	37869
the Revised Code, to the extent that federal law supersedes,	37870
preempts, prohibits, or otherwise precludes the application of	37871
this section to the plan and its administrators.	37872

(B) A standardized identification card or an electronic	37873
technology issued or required to be used as provided in division	37874
(A)(1) of this section shall contain uniform prescription drug	37875
information in accordance with either division (B)(1) or (2) of	37876
this section.	37877

(1) The standardized identification card or the electronic	37878
technology shall be in a format and contain information fields	37879
approved by the national council for prescription drug programs or	37880
a successor organization, as specified in the council's or	37881
successor organization's pharmacy identification card	37882
implementation guide in effect on the first day of October most	37883
immediately preceding the issuance or required use of the	37884
standardized identification card or the electronic technology.	37885

(2) If the health insuring corporation or the person under	37886
contract with the corporation to issue a standardized	37887
identification card or an electronic technology requires the	37888
information for the submission and routing of a claim, the	37889
standardized identification card or the electronic technology	37890
shall contain any of the following information:	37891

(a) The health insuring corporation's name;

37892

(b) The subscriber's name, group number, and identification	37893
number;	37894

(c) A telephone number to inquire about pharmacy-related	37895
issues;	37896

(d) The issuer's international identification number, labeled	37897
as "ANSI BIN" or "RxBIN";	37898

(e) The processor's control number, labeled as "RxPCN";

37899

(f) The subscriber's pharmacy benefits group number if	37900
different from the subscriber's medical group number, labeled as	37901
"RxGrp."	37902

(C) If the standardized identification card or the electronic	37903
technology issued or required to be used as provided in division	37904
(A)(1) of this section is also used for submission and routing of	37905
nonpharmacy claims, the designation "Rx" is required to be	37906
included as part of the labels identified in divisions (B)(2)(d)	37907
and (e) of this section if the issuer's international	37908
identification number or the processor's control number is	37909
different for medical and pharmacy claims.	37910

(D) Each health insuring corporation described in division	37911
(A) of this section shall annually file a certificate with the	37912
superintendent of insurance certifying that it or any person it	37913
contracts with to issue a standardized identification card or	37914
electronic technology for submission and routing of prescription	37915
drug claims complies with this section.	37916

(E)(1) Except as provided in division (E)(2) of this section,	37917
if there is a change in the information contained in the	37918
standardized identification card or the electronic technology	37919
issued to a subscriber, the health insuring corporation or person	37920
under contract with the corporation to issue a standardized	37921
identification card or an electronic technology shall issue a new	37922
card or electronic technology to the subscriber.	37923

(2) A health insuring corporation or person under contract	37924
with the corporation is not required under division (E)(1) of this	37925
section to issue a new card or electronic technology to a	37926
subscriber more than once during a twelve-month period.	37927

(F) Nothing in this section shall be construed as requiring a	37928
health insuring corporation to produce more than one standardized	37929
identification card or one electronic technology for use by	37930
subscribers accessing health care benefits provided under a	37931
policy, contract, or agreement for health care services.	37932

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	37933
no premium rate for nongroup and conversion policies for health	37934
care services, or any amendment to them, may be used by any health	37935
insuring corporation at any time until the contractual periodic	37936
prepayment and premium rate, or amendment, have been filed with	37937
the superintendent of insurance, and shall not be effective until	37938
the expiration of sixty days after their filing unless the	37939
superintendent sooner gives approval. The filing shall be	37940
accompanied by an actuarial certification in the form prescribed	37941
by the superintendent. The superintendent shall disapprove the	37942
filing, if the superintendent determines within the sixty-day	37943
period that the contractual periodic prepayment or premium rate,	37944
or amendment, is not in accordance with sound actuarial principles	37945
or is not reasonably related to the applicable coverage and	37946
characteristics of the applicable class of enrollees. The	37947
superintendent shall notify the health insuring corporation of the	37948
disapproval, and it shall thereafter be unlawful for the health	37949
insuring corporation to use the contractual periodic prepayment or	37950
premium rate, or amendment.	37951

(2) No contractual periodic prepayment for group policies for	37952
health care services shall be used until the contractual periodic	37953
prepayment has been filed with the superintendent. The filing	37954
shall be accompanied by an actuarial certification in the form	37955
prescribed by the superintendent. The superintendent may reject a	37956
filing made under division (A)(2) of this section at any time,	37957
with at least thirty days' written notice to a health insuring	37958
corporation, if the contractual periodic prepayment is not in	37959
accordance with sound actuarial principles or is not reasonably	37960
related to the applicable coverage and characteristics of the	37961
applicable class of enrollees.	37962

(3) At any time, the superintendent, upon at least thirty	37963
days' written notice to a health insuring corporation, may	37964
withdraw the approval given under division (A)(1) of this section,	37965
deemed or actual, of any contractual periodic prepayment or	37966
premium rate, or amendment, based on information that either of	37967
the following applies:	37968

(a) The contractual periodic prepayment or premium rate, or	37969
amendment, is not in accordance with sound actuarial principles.	37970

(b) The contractual periodic prepayment or premium rate, or	37971
amendment, is not reasonably related to the applicable coverage	37972
and characteristics of the applicable class of enrollees.	37973

(4) Any disapproval under division (A)(1) of this section,	37974
any rejection of a filing made under division (A)(2) of this	37975
section, or any withdrawal of approval under division (A)(3) of	37976
this section, shall be effected by a written notice, which shall	37977
state the specific basis for the disapproval, rejection, or	37978
withdrawal and shall be issued in accordance with Chapter 119. of	37979
the Revised Code.	37980

(B) Notwithstanding division (A) of this section, a health	37981
insuring corporation may use a contractual periodic prepayment or	37982
premium rate for policies used for the coverage of beneficiaries	37983
enrolled in medicare pursuant to a medicare risk contract or	37984
medicare cost contract, or for policies used for the coverage of	37985
beneficiaries enrolled in the federal employees health benefits	37986
program pursuant to 5 U.S.C.A. 8905, or for policies used for the	37987
coverage of medicaid recipients, ~~or for policies used for coverage~~	37988
~~of participants of the children's buy-in program,~~ or for policies	37989
used for the coverage of beneficiaries under any other federal	37990
health care program regulated by a federal regulatory body, or for	37991
policies used for the coverage of beneficiaries under any contract	37992
covering officers or employees of the state that has been entered	37993
into by the department of administrative services, if both of the	37994
following apply:	37995

(1) The contractual periodic prepayment or premium rate has	37996
been approved by the United States department of health and human	37997
services, the United States office of personnel management, the	37998
department of job and family services, or the department of	37999
administrative services.	38000

(2) The contractual periodic prepayment or premium rate is	38001
filed with the superintendent prior to use and is accompanied by	38002
documentation of approval from the United States department of	38003
health and human services, the United States office of personnel	38004
management, the department of job and family services, or the	38005
department of administrative services.	38006

(C) The administrative expense portion of all contractual	38007
periodic prepayment or premium rate filings submitted to the	38008
superintendent for review must reflect the actual cost of	38009
administering the product. The superintendent may require that the	38010
administrative expense portion of the filings be itemized and	38011
supported.	38012

(D)(1) Copayments must be reasonable and must not be a	38013
barrier to the necessary utilization of services by enrollees.	38014

(2) A health insuring corporation, in order to ensure that	38015
copayments are reasonable and not a barrier to the necessary	38016
utilization of basic health care services by enrollees, may do one	38017
of the following:	38018

(a) Impose copayment charges on any single covered basic	38019
health care service that does not exceed forty per cent of the	38020
average cost to the health insuring corporation of providing the	38021
service;	38022

(b) Impose copayment charges that annually do not exceed	38023
twenty per cent of the total annual cost to the health insuring	38024
corporation of providing all covered basic health care services,	38025
including physician office visits, urgent care services, and	38026
emergency health services, when aggregated as to all persons	38027
covered under the filed product in question. In addition, annual	38028
copayment charges as to each enrollee shall not exceed twenty per	38029
cent of the total annual cost to the health insuring corporation	38030
of providing all covered basic health care services, including	38031
physician office visits, urgent care services, and emergency	38032
health services, as to such enrollee. The total annual cost of	38033
providing a health care service is the cost to the health insuring	38034
corporation of providing the health care service to its enrollees	38035
as reduced by any applicable provider discount.	38036

(3) To ensure that copayments are reasonable and not a	38037
barrier to the utilization of basic health care services, a health	38038
insuring corporation may not impose, in any contract year, on any	38039
subscriber or enrollee, copayments that exceed two hundred per	38040
cent of the average annual premium rate to subscribers or	38041
enrollees.	38042

(4) For purposes of division (D) of this section, both of the	38043
following apply:	38044

(a) Copayments imposed by health insuring corporations in	38045
connection with a high deductible health plan that is linked to a	38046
health savings account are reasonable and are not a barrier to the	38047
necessary utilization of services by enrollees.	38048

(b) Divisions (D)(2) and (3) of this section do not apply to	38049
a high deductible health plan that is linked to a health savings	38050
account.	38051

(E) A health insuring corporation shall not impose lifetime	38052
maximums on basic health care services. However, a health insuring	38053
corporation may establish a benefit limit for inpatient hospital	38054
services that are provided pursuant to a policy, contract,	38055
certificate, or agreement for supplemental health care services.	38056

(F) A health insuring corporation may require that an	38057
enrollee pay an annual deductible that does not exceed one	38058
thousand dollars per enrollee or two thousand dollars per family,	38059
except that:	38060

(1) A health insuring corporation may impose higher	38061
deductibles for high deductible health plans that are linked to	38062
health savings accounts;	38063

(2) The superintendent may adopt rules allowing different	38064
annual deductible amounts for plans with a medical savings	38065
account, health reimbursement arrangement, flexible spending	38066
account, or similar account;	38067

(3) A health insuring corporation may impose higher	38068
deductibles under health plans if requested by the group contract,	38069
policy, certificate, or agreement holder, or an individual seeking	38070
coverage under an individual health plan. This shall not be	38071
construed as requiring the health insuring corporation to create	38072
customized health plans for group contract holders or individuals.	38073

(G) As used in this section, "health savings account" and	38074
"high deductible health plan" have the same meanings as in the	38075
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	38076
amended.	38077

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	38078
either directly or indirectly, enter into contracts for the	38079
provision of health care services with a sufficient number and	38080
types of providers and health care facilities to ensure that all	38081
covered health care services will be accessible to enrollees from	38082
a contracted provider or health care facility.	38083

(b) A health insuring corporation shall not refuse to	38084
contract with a physician for the provision of health care	38085
services or refuse to recognize a physician as a specialist on the	38086
basis that the physician attended an educational program or a	38087
residency program approved or certified by the American	38088
osteopathic association. A health insuring corporation shall not	38089
refuse to contract with a health care facility for the provision	38090
of health care services on the basis that the health care facility	38091
is certified or accredited by the American osteopathic association	38092
or that the health care facility is an osteopathic hospital as	38093
defined in section 3702.51 of the Revised Code.	38094

(c) Nothing in division (A)(1)(b) of this section shall be	38095
construed to require a health insuring corporation to make a	38096
benefit payment under a closed panel plan to a physician or health	38097
care facility with which the health insuring corporation does not	38098
have a contract, provided that none of the bases set forth in that	38099
division are used as a reason for failing to make a benefit	38100
payment.	38101

(2) When a health insuring corporation is unable to provide a	38102
covered health care service from a contracted provider or health	38103
care facility, the health insuring corporation must provide that	38104
health care service from a noncontracted provider or health care	38105
facility consistent with the terms of the enrollee's policy,	38106
contract, certificate, or agreement. The health insuring	38107
corporation shall either ensure that the health care service be	38108
provided at no greater cost to the enrollee than if the enrollee	38109
had obtained the health care service from a contracted provider or	38110
health care facility, or make other arrangements acceptable to the	38111
superintendent of insurance.	38112

(3) Nothing in this section shall prohibit a health insuring	38113
corporation from entering into contracts with out-of-state	38114
providers or health care facilities that are licensed, certified,	38115
accredited, or otherwise authorized in that state.	38116

(B)(1) A health insuring corporation shall, either directly	38117
or indirectly, enter into contracts with all providers and health	38118
care facilities through which health care services are provided to	38119
its enrollees.	38120

(2) A health insuring corporation, upon written request,	38121
shall assist its contracted providers in finding stop-loss or	38122
reinsurance carriers.	38123

(C) A health insuring corporation shall file an annual	38124
certificate with the superintendent certifying that all provider	38125
contracts and contracts with health care facilities through which	38126
health care services are being provided contain the following:	38127

(1) A description of the method by which the provider or	38128
health care facility will be notified of the specific health care	38129
services for which the provider or health care facility will be	38130
responsible, including any limitations or conditions on such	38131
services;	38132

(2) The specific hold harmless provision specifying	38133
protection of enrollees set forth as follows:	38134

"[Provider/Health Care Facility] agrees that in no event,	38135
including but not limited to nonpayment by the health insuring	38136
corporation, insolvency of the health insuring corporation, or	38137
breach of this agreement, shall [Provider/Health Care Facility]	38138
bill, charge, collect a deposit from, seek remuneration or	38139
reimbursement from, or have any recourse against, a subscriber,	38140
enrollee, person to whom health care services have been provided,	38141
or person acting on behalf of the covered enrollee, for health	38142
care services provided pursuant to this agreement. This does not	38143
prohibit [Provider/Health Care Facility] from collecting	38144
co-insurance, deductibles, or copayments as specifically provided	38145
in the evidence of coverage, or fees for uncovered health care	38146
services delivered on a fee-for-service basis to persons	38147
referenced above, nor from any recourse against the health	38148
insuring corporation or its successor."	38149

(3) Provisions requiring the provider or health care facility	38150
to continue to provide covered health care services to enrollees	38151
in the event of the health insuring corporation's insolvency or	38152
discontinuance of operations. The provisions shall require the	38153
provider or health care facility to continue to provide covered	38154
health care services to enrollees as needed to complete any	38155
medically necessary procedures commenced but unfinished at the	38156
time of the health insuring corporation's insolvency or	38157
discontinuance of operations. The completion of a medically	38158
necessary procedure shall include the rendering of all covered	38159
health care services that constitute medically necessary follow-up	38160
care for that procedure. If an enrollee is receiving necessary	38161
inpatient care at a hospital, the provisions may limit the	38162
required provision of covered health care services relating to	38163
that inpatient care in accordance with division (D)(3) of section	38164
1751.11 of the Revised Code, and may also limit such required	38165
provision of covered health care services to the period ending	38166
thirty days after the health insuring corporation's insolvency or	38167
discontinuance of operations.	38168

The provisions required by division (C)(3) of this section	38169
shall not require any provider or health care facility to continue	38170
to provide any covered health care service after the occurrence of	38171
any of the following:	38172

(a) The end of the thirty-day period following the entry of a	38173
liquidation order under Chapter 3903. of the Revised Code;	38174

(b) The end of the enrollee's period of coverage for a	38175
contractual prepayment or premium;	38176

(c) The enrollee obtains equivalent coverage with another	38177
health insuring corporation or insurer, or the enrollee's employer	38178
obtains such coverage for the enrollee;	38179

(d) The enrollee or the enrollee's employer terminates	38180
coverage under the contract;	38181

(e) A liquidator effects a transfer of the health insuring	38182
corporation's obligations under the contract under division (A)(8)	38183
of section 3903.21 of the Revised Code.	38184

(4) A provision clearly stating the rights and	38185
responsibilities of the health insuring corporation, and of the	38186
contracted providers and health care facilities, with respect to	38187
administrative policies and programs, including, but not limited	38188
to, payments systems, utilization review, quality assurance,	38189
assessment, and improvement programs, credentialing,	38190
confidentiality requirements, and any applicable federal or state	38191
programs;	38192

(5) A provision regarding the availability and	38193
confidentiality of those health records maintained by providers	38194
and health care facilities to monitor and evaluate the quality of	38195
care, to conduct evaluations and audits, and to determine on a	38196
concurrent or retrospective basis the necessity of and	38197
appropriateness of health care services provided to enrollees. The	38198
provision shall include terms requiring the provider or health	38199
care facility to make these health records available to	38200
appropriate state and federal authorities involved in assessing	38201
the quality of care or in investigating the grievances or	38202
complaints of enrollees, and requiring the provider or health care	38203
facility to comply with applicable state and federal laws related	38204
to the confidentiality of medical or health records.	38205

(6) A provision that states that contractual rights and	38206
responsibilities may not be assigned or delegated by the provider	38207
or health care facility without the prior written consent of the	38208
health insuring corporation;	38209

(7) A provision requiring the provider or health care	38210
facility to maintain adequate professional liability and	38211
malpractice insurance. The provision shall also require the	38212
provider or health care facility to notify the health insuring	38213
corporation not more than ten days after the provider's or health	38214
care facility's receipt of notice of any reduction or cancellation	38215
of such coverage.	38216

(8) A provision requiring the provider or health care	38217
facility to observe, protect, and promote the rights of enrollees	38218
as patients;	38219

(9) A provision requiring the provider or health care	38220
facility to provide health care services without discrimination on	38221
the basis of a patient's participation in the health care plan,	38222
age, sex, ethnicity, religion, sexual preference, health status,	38223
or disability, and without regard to the source of payments made	38224
for health care services rendered to a patient. This requirement	38225
shall not apply to circumstances when the provider or health care	38226
facility appropriately does not render services due to limitations	38227
arising from the provider's or health care facility's lack of	38228
training, experience, or skill, or due to licensing restrictions.	38229

(10) A provision containing the specifics of any obligation	38230
on the primary care provider to provide, or to arrange for the	38231
provision of, covered health care services twenty-four hours per	38232
day, seven days per week;	38233

(11) A provision setting forth procedures for the resolution	38234
of disputes arising out of the contract;	38235

(12) A provision stating that the hold harmless provision	38236
required by division (C)(2) of this section shall survive the	38237
termination of the contract with respect to services covered and	38238
provided under the contract during the time the contract was in	38239
effect, regardless of the reason for the termination, including	38240
the insolvency of the health insuring corporation;	38241

(13) A provision requiring those terms that are used in the	38242
contract and that are defined by this chapter, be used in the	38243
contract in a manner consistent with those definitions.	38244

This division does not apply to the coverage of beneficiaries	38245
enrolled in medicare pursuant to a medicare risk contract or	38246
medicare cost contract, or to the coverage of beneficiaries	38247
enrolled in the federal employee health benefits program pursuant	38248
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or	38249
to the coverage of beneficiaries under any federal health care	38250
program regulated by a federal regulatory body, ~~or to the coverage~~	38251
~~of participants of the children's buy-in program,~~ or to the	38252
coverage of beneficiaries under any contract covering officers or	38253
employees of the state that has been entered into by the	38254
department of administrative services.	38255

(D)(1) No health insuring corporation contract with a	38256
provider or health care facility shall contain any of the	38257
following:	38258

(a) A provision that directly or indirectly offers an	38259
inducement to the provider or health care facility to reduce or	38260
limit medically necessary health care services to a covered	38261
enrollee;	38262

(b) A provision that penalizes a provider or health care	38263
facility that assists an enrollee to seek a reconsideration of the	38264
health insuring corporation's decision to deny or limit benefits	38265
to the enrollee;	38266

(c) A provision that limits or otherwise restricts the	38267
provider's or health care facility's ethical and legal	38268
responsibility to fully advise enrollees about their medical	38269
condition and about medically appropriate treatment options;	38270

(d) A provision that penalizes a provider or health care	38271
facility for principally advocating for medically necessary health	38272
care services;	38273

(e) A provision that penalizes a provider or health care	38274
facility for providing information or testimony to a legislative	38275
or regulatory body or agency. This shall not be construed to	38276
prohibit a health insuring corporation from penalizing a provider	38277
or health care facility that provides information or testimony	38278
that is libelous or slanderous or that discloses trade secrets	38279
which the provider or health care facility has no privilege or	38280
permission to disclose.	38281

(f) A provision that violates Chapter 3963. of the Revised	38282
Code.	38283

(2) Nothing in this division shall be construed to prohibit a	38284
health insuring corporation from doing either of the following:	38285

(a) Making a determination not to reimburse or pay for a	38286
particular medical treatment or other health care service;	38287

(b) Enforcing reasonable peer review or utilization review	38288
protocols, or determining whether a particular provider or health	38289
care facility has complied with these protocols.	38290

(E) Any contract between a health insuring corporation and an	38291
intermediary organization shall clearly specify that the health	38292
insuring corporation must approve or disapprove the participation	38293
of any provider or health care facility with which the	38294
intermediary organization contracts.	38295

(F) If an intermediary organization that is not a health	38296
delivery network contracting solely with self-insured employers	38297
subcontracts with a provider or health care facility, the	38298
subcontract with the provider or health care facility shall do all	38299
of the following:	38300

(1) Contain the provisions required by divisions (C) and (G)	38301
of this section, as made applicable to an intermediary	38302
organization, without the inclusion of inducements or penalties	38303
described in division (D) of this section;	38304

(2) Acknowledge that the health insuring corporation is a	38305
third-party beneficiary to the agreement;	38306

(3) Acknowledge the health insuring corporation's role in	38307
approving the participation of the provider or health care	38308
facility, pursuant to division (E) of this section.	38309

(G) Any provider contract or contract with a health care	38310
facility shall clearly specify the health insuring corporation's	38311
statutory responsibility to monitor and oversee the offering of	38312
covered health care services to its enrollees.	38313

(H)(1) A health insuring corporation shall maintain its	38314
provider contracts and its contracts with health care facilities	38315
at one or more of its places of business in this state, and shall	38316
provide copies of these contracts to facilitate regulatory review	38317
upon written notice by the superintendent of insurance.	38318

(2) Any contract with an intermediary organization that	38319
accepts compensation shall include provisions requiring the	38320
intermediary organization to provide the superintendent with	38321
regulatory access to all books, records, financial information,	38322
and documents related to the provision of health care services to	38323
subscribers and enrollees under the contract. The contract shall	38324
require the intermediary organization to maintain such books,	38325
records, financial information, and documents at its principal	38326
place of business in this state and to preserve them for at least	38327
three years in a manner that facilitates regulatory review.	38328

(I)(1) A health insuring corporation shall notify its	38329
affected enrollees of the termination of a contract for the	38330
provision of health care services between the health insuring	38331
corporation and a primary care physician or hospital, by mail,	38332
within thirty days after the termination of the contract.	38333

(a) Notice shall be given to subscribers of the termination	38334
of a contract with a primary care physician if the subscriber, or	38335
a dependent covered under the subscriber's health care coverage,	38336
has received health care services from the primary care physician	38337
within the previous twelve months or if the subscriber or	38338
dependent has selected the physician as the subscriber's or	38339
dependent's primary care physician within the previous twelve	38340
months.	38341

(b) Notice shall be given to subscribers of the termination	38342
of a contract with a hospital if the subscriber, or a dependent	38343
covered under the subscriber's health care coverage, has received	38344
health care services from that hospital within the previous twelve	38345
months.	38346

(2) The health insuring corporation shall pay, in accordance	38347
with the terms of the contract, for all covered health care	38348
services rendered to an enrollee by a primary care physician or	38349
hospital between the date of the termination of the contract and	38350
five days after the notification of the contract termination is	38351
mailed to a subscriber at the subscriber's last known address.	38352

(J) Divisions (A) and (B) of this section do not apply to any	38353
health insuring corporation that, on June 4, 1997, holds a	38354
certificate of authority or license to operate under Chapter 1740.	38355
of the Revised Code.	38356

(K) Nothing in this section shall restrict the governing body	38357
of a hospital from exercising the authority granted it pursuant to	38358
section 3701.351 of the Revised Code.	38359

Sec. 1751.15. (A) Each health insuring corporation shall	38360
accept individuals for open enrollment coverage as provided in	38361
sections 3923.58 and 3923.581 of the Revised Code. A health	38362
insuring corporation may reinsure coverage of any individual	38363
acquired under those sections with the open enrollment reinsurance	38364
program in accordance with division (G) of section 3924.11 of the	38365
Revised Code. Fixed periodic prepayment rates charged for coverage	38366
reinsured by the program shall be established in accordance with	38367
section 3924.12 of the Revised Code.	38368

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

38369

(1) Any health insuring corporation that offers only	38370
supplemental health care services or specialty health care	38371
services;	38372

(2) Any health insuring corporation that offers plans only	38373
through medicare,or medicaid~~, or the children's buy-in program~~	38374
and that has no other commercial enrollment;	38375

(3) Any health insuring corporation that offers plans only	38376
through other federal health care programs regulated by federal	38377
regulatory bodies and that has no other commercial enrollment;	38378

(4) Any health insuring corporation that offers plans only	38379
through contracts covering officers or employees of the state that	38380
have been entered into by the department of administrative	38381
services and that has no other commercial enrollment.	38382

Sec. 1751.17. (A) As used in this section, "nongroup	38383
contract" means a contract issued by a health insuring corporation	38384
to an individual who makes direct application for coverage under	38385
the contract and who, if required by the health insuring	38386
corporation, submits to medical underwriting. "Nongroup contract"	38387
does not include group conversion coverage, coverage obtained	38388
through open enrollment, or coverage issued on the basis of	38389
membership in a group.	38390

(B) Except as provided in division (C) of this section, every	38391
nongroup contract that is issued by a health insuring corporation	38392
and that makes available basic health care services shall provide	38393
an option for conversion to a contract issued on a direct-payment	38394
basis to an enrollee covered by the nongroup contract. The option	38395
for conversion shall be available:	38396

(1) Upon the death of the subscriber, to the surviving spouse	38397
with respect to the spouse or dependents who were then covered by	38398
the nongroup contract;	38399

(2) Upon the divorce, dissolution, or annulment of the	38400
marriage of the subscriber, to the divorced spouse, or, in the	38401
event of annulment, to the former spouse of the subscriber;	38402

(3) To a child solely with respect to the child, upon the	38403
child's attaining the limiting age of coverage under the nongroup	38404
contract while covered as a dependent under the contract.	38405

(C) The direct payment contract offered pursuant to division	38406
(B) of this section shall not be made available to an enrollee if	38407
any of the following applies:	38408

(1) The enrollee is, or is eligible to be, covered for	38409
benefits at least comparable to the nongroup contract under any of	38410
the following:	38411

(a) Medicaid;

38412

(b) ~~The children's buy-in program;~~

38413

~~(c)~~ Medicare;

38414

~~(d)~~(c) Any act of congress or law under this or any other	38415
state of the United States providing coverage at least comparable	38416
to the benefits offered under division (C)(1)(a),or (b)~~, or (c)~~	38417
of this section.	38418

(2) The nongroup contract under which the enrollee was	38419
covered was terminated due to nonpayment of a premium rate.	38420

(3) The enrollee is eligible for group coverage provided by,	38421
or available through, an employer or association and the group	38422
coverage provides benefits comparable to the benefits provided	38423
under a direct payment contract.	38424

(D) The direct payment contract offered pursuant to division	38425
(B) of this section shall provide benefits that are at least	38426
comparable to the benefits provided by the nongroup contract under	38427
which the enrollee was covered at the time of the occurrence of	38428
any of the events set forth in division (B) of this section. The	38429
coverage provided under the direct payment contract shall be	38430
continuous, provided that the enrollee makes the required premium	38431
rate payment within the thirty-day period immediately following	38432
the occurrence of the event, and may be terminated for nonpayment	38433
of any required premium rate payment.	38434

(E) The evidence of coverage of every nongroup contract shall	38435
contain notice that an option for conversion to a contract issued	38436
on a direct-payment basis is available, in accordance with this	38437
section, to any enrollee covered by the contract.	38438

(F) Benefits otherwise payable to an enrollee under a direct	38439
payment contract shall be reduced by the amount of any benefits	38440
available to the enrollee under any applicable group health	38441
insuring corporation contract or group sickness and accident	38442
insurance policy.	38443

(G) Nothing in this section shall be construed as requiring a	38444
health insuring corporation to offer nongroup contracts.	38445

(H) This section does not apply to any nongroup contract	38446
offering only supplemental health care services or specialty	38447
health care services.	38448

Sec. 1751.20. (A) No health insuring corporation, or agent,	38449
employee, or representative of a health insuring corporation,	38450
shall use any advertisement or solicitation document, or shall	38451
engage in any activity, that is unfair, untrue, misleading, or	38452
deceptive.	38453

(B) No health insuring corporation shall use a name that is	38454
deceptively similar to the name or description of any insurance or	38455
surety corporation doing business in this state.	38456

(C) All solicitation documents, advertisements, evidences of	38457
coverage, and enrollee identification cards used by a health	38458
insuring corporation shall contain the health insuring	38459
corporation's name. The use of a trade name, an insurance group	38460
designation, the name of a parent company, the name of a division	38461
of an affiliated insurance company, a service mark, a slogan, a	38462
symbol, or other device, without the name of the health insuring	38463
corporation as stated in its articles of incorporation, shall not	38464
satisfy this requirement if the usage would have the capacity and	38465
tendency to mislead or deceive persons as to the true identity of	38466
the health insuring corporation.	38467

(D) No solicitation document or advertisement used by a	38468
health insuring corporation shall contain any words, symbols, or	38469
physical materials that are so similar in content, phraseology,	38470
shape, color, or other characteristic to those used by an agency	38471
of the federal government or this state, that prospective	38472
enrollees may be led to believe that the solicitation document or	38473
advertisement is connected with an agency of the federal	38474
government or this state.	38475

(E) A health insuring corporation that provides basic health	38476
care services may use the phrase "health maintenance organization"	38477
or the abbreviation "HMO" in its marketing name, advertising,	38478
solicitation documents, or marketing literature, or in reference	38479
to the phrase "doing business as" or the abbreviation "DBA."	38480

(F) This section does not apply to the coverage of	38481
beneficiaries enrolled in medicare pursuant to a medicare risk	38482
contract or medicare cost contract, or to the coverage of	38483
beneficiaries enrolled in the federal employee health benefits	38484
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	38485
medicaid recipients~~, or to the coverage of participants of the~~	38486
~~children's buy-in program,~~ or to the coverage of beneficiaries	38487
under any federal health care program regulated by a federal	38488
regulatory body, or to the coverage of beneficiaries under any	38489
contract covering officers or employees of the state that has been	38490
entered into by the department of administrative services.	38491

Sec. 1751.31. (A) Any changes in a health insuring	38492
corporation's solicitation document shall be filed with the	38493
superintendent of insurance. The superintendent, within sixty days	38494
of filing, may disapprove any solicitation document or amendment	38495
to it on any of the grounds stated in this section. Such	38496
disapproval shall be effected by written notice to the health	38497
insuring corporation. The notice shall state the grounds for	38498
disapproval and shall be issued in accordance with Chapter 119. of	38499
the Revised Code.	38500

(B) The solicitation document shall contain all information	38501
necessary to enable a consumer to make an informed choice as to	38502
whether or not to enroll in the health insuring corporation. The	38503
information shall include a specific description of the health	38504
care services to be available and the approximate number and type	38505
of full-time equivalent medical practitioners. The information	38506
shall be presented in the solicitation document in a manner that	38507
is clear, concise, and intelligible to prospective applicants in	38508
the proposed service area.	38509

(C) Every potential applicant whose subscription to a health	38510
care plan is solicited shall receive, at or before the time of	38511
solicitation, a solicitation document approved by the	38512
superintendent.	38513

(D) Notwithstanding division (A) of this section, a health	38514
insuring corporation may use a solicitation document that the	38515
corporation uses in connection with policies for medicare	38516
beneficiaries pursuant to a medicare risk contract or medicare	38517
cost contract, or for policies for beneficiaries of the federal	38518
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	38519
for policies for medicaid recipients, or for policies for	38520
beneficiaries of any other federal health care program regulated	38521
by a federal regulatory body, ~~or for policies for participants of~~	38522
~~the children's buy-in program,~~ or for policies for beneficiaries	38523
of contracts covering officers or employees of the state entered	38524
into by the department of administrative services, if both of the	38525
following apply:	38526

(1) The solicitation document has been approved by the United	38527
States department of health and human services, the United States	38528
office of personnel management, the department of job and family	38529
services, or the department of administrative services.	38530

(2) The solicitation document is filed with the	38531
superintendent of insurance prior to use and is accompanied by	38532
documentation of approval from the United States department of	38533
health and human services, the United States office of personnel	38534
management, the department of job and family services, or the	38535
department of administrative services.	38536

(E) No health insuring corporation, or its agents or	38537
representatives, shall use monetary or other valuable	38538
consideration, engage in misleading or deceptive practices, or	38539
make untrue, misleading, or deceptive representations to induce	38540
enrollment. Nothing in this division shall prohibit incentive	38541
forms of remuneration such as commission sales programs for the	38542
health insuring corporation's employees and agents.	38543

(F) Any person obligated for any part of a premium rate in	38544
connection with an enrollment agreement, in addition to any right	38545
otherwise available to revoke an offer, may cancel such agreement	38546
within seventy-two hours after having signed the agreement or	38547
offer to enroll. Cancellation occurs when written notice of the	38548
cancellation is given to the health insuring corporation or its	38549
agents or other representatives. A notice of cancellation mailed	38550
to the health insuring corporation shall be considered to have	38551
been filed on its postmark date.	38552

(G) Nothing in this section shall prohibit healthy lifestyle	38553
programs.	38554

Sec. 1751.34. (A) Each health insuring corporation and each	38555
applicant for a certificate of authority under this chapter shall	38556
be subject to examination by the superintendent of insurance in	38557
accordance with section 3901.07 of the Revised Code. Section	38558
3901.07 of the Revised Code shall govern every aspect of the	38559
examination, including the circumstances under and frequency with	38560
which it is conducted, the authority of the superintendent and any	38561
examiner or other person appointed by the superintendent, the	38562
liability for the assessment of expenses incurred in conducting	38563
the examination, and the remittance of the assessment to the	38564
superintendent's examination fund.	38565

(B) The superintendent shall make an examination concerning	38566
the matters subject to the superintendent's consideration in	38567
section 1751.04 of the Revised Code as often as the superintendent	38568
considers it necessary for the protection of the interests of the	38569
people of this state. The expenses of such examinations shall be	38570
assessed against the health insuring corporation being examined in	38571
the manner in which expenses of examinations are assessed against	38572
an insurance company under section 3901.07 of the Revised Code.	38573
Nothing in this division requires the superintendent to make an	38574
examination of any of the following:	38575

(1) A health insuring corporation that covers solely medicaid	38576
recipients;	38577

(2) A health insuring corporation that covers solely medicare	38578
beneficiaries;	38579

(3) A health insuring corporation that covers solely medicaid	38580
recipients and medicare beneficiaries;	38581

~~(4) A health insuring corporation that covers solely~~	38582
~~participants of the children's buy-in program;~~	38583

~~(5) A health insuring corporation that covers solely medicaid~~	38584
~~recipients and participants of the children's buy-in program;~~	38585

~~(6) A health insuring corporation that covers solely medicaid~~	38586
~~recipients, medicare beneficiaries, and participants of the~~	38587
~~children's buy-in program~~.	38588

(C) An examination, pursuant to section 3901.07 of the	38589
Revised Code, of an insurance company holding a certificate of	38590
authority under this chapter to organize and operate a health	38591
insuring corporation shall include an examination of the health	38592
insuring corporation pursuant to this section and the examination	38593
shall satisfy the requirements of divisions (A) and (B) of this	38594
section.	38595

(D) The superintendent may conduct market conduct	38596
examinations pursuant to section 3901.011 of the Revised Code of	38597
any health insuring corporation as often as the superintendent	38598
considers it necessary for the protection of the interests of	38599
subscribers and enrollees. The expenses of such market conduct	38600
examinations shall be assessed against the health insuring	38601
corporation being examined. All costs, assessments, or fines	38602
collected under this division shall be paid into the state	38603
treasury to the credit of the department of insurance operating	38604
fund.	38605

Sec. 1751.60. (A) Except as provided for in divisions (E)	38606
and (F) of this section, every provider or health care facility	38607
that contracts with a health insuring corporation to provide	38608
health care services to the health insuring corporation's	38609
enrollees or subscribers shall seek compensation for covered	38610
services solely from the health insuring corporation and not,	38611
under any circumstances, from the enrollees or subscribers, except	38612
for approved copayments and deductibles.	38613

(B) No subscriber or enrollee of a health insuring	38614
corporation is liable to any contracting provider or health care	38615
facility for the cost of any covered health care services, if the	38616
subscriber or enrollee has acted in accordance with the evidence	38617
of coverage.	38618

(C) Except as provided for in divisions (E) and (F) of this	38619
section, every contract between a health insuring corporation and	38620
provider or health care facility shall contain a provision	38621
approved by the superintendent of insurance requiring the provider	38622
or health care facility to seek compensation solely from the	38623
health insuring corporation and not, under any circumstances, from	38624
the subscriber or enrollee, except for approved copayments and	38625
deductibles.	38626

(D) Nothing in this section shall be construed as preventing	38627
a provider or health care facility from billing the enrollee or	38628
subscriber of a health insuring corporation for noncovered	38629
services.	38630

(E) Upon application by a health insuring corporation and a	38631
provider or health care facility, the superintendent may waive the	38632
requirements of divisions (A) and (C) of this section when, in	38633
addition to the reserve requirements contained in section 1751.28	38634
of the Revised Code, the health insuring corporation provides	38635
sufficient assurances to the superintendent that the provider or	38636
health care facility has been provided with financial guarantees.	38637
No waiver of the requirements of divisions (A) and (C) of this	38638
section is effective as to enrollees or subscribers for whom the	38639
health insuring corporation is compensated under a provider	38640
agreement or risk contract entered into pursuant to Chapter 5111.	38641
or 5115. of the Revised Code ~~or under the children's buy-in~~	38642
~~program~~.	38643

(F) The requirements of divisions (A) to (C) of this section	38644
apply only to health care services provided to an enrollee or	38645
subscriber prior to the effective date of a termination of a	38646
contract between the health insuring corporation and the provider	38647
or health care facility.	38648

Sec. 1761.04. (A) The licensing and operation of a credit	38649
union share guaranty corporation is subject to the regulation of	38650
the superintendent of insurance pursuant to Chapters 3901., 3903.,	38651
3905., 3925., 3927., 3929., 3937., 3941., and 3999. of the Revised	38652
Code to the extent such laws are otherwise applicable and are not	38653
in conflict with this chapter.	38654

(B) A credit union share guaranty corporation shall pay, by	38655
the fifteenth day of April of each year, to the superintendent of	38656
credit unions, an annual fee of one-half of one per cent of its	38657
guarantee fund as shown by the corporation's last annual financial	38658
report, but in no event shall such payment exceed ~~five~~twenty-five	38659
thousand dollars in any calendar year.	38660

(C) In addition to the specific powers and duties given the	38661
superintendent of insurance and the superintendent of credit	38662
unions under this chapter, the superintendents may independently,	38663
pursuant to Chapter 119. of the Revised Code, adopt, amend, and	38664
rescind such rules as are necessary to implement the requirements	38665
of this chapter.	38666

Sec. 1776.83. (A) A limited liability partnership and a	38667
foreign limited liability partnership authorized to transact	38668
business in this state shall file a biennial report in the office	38669
of the secretary of state. The report shall contain all of the	38670
following:	38671

(1) The name of the limited liability partnership and the	38672
state or other jurisdiction under whose laws the foreign limited	38673
liability partnership is formed;	38674

(2) The street address of the partnership's chief executive	38675
office and, if the partnership's chief executive office is not in	38676
this state, the street address of any office of the partnership in	38677
this state;	38678

(3) If the partnership does not have an office in this state,	38679
the name and street address of the partnership's current agent for	38680
service of process.	38681

(B) A partnership shall file a biennial report between the	38682
first day of April and the first day of July of each odd-numbered	38683
year that follows the calendar year in which the partnership files	38684
a statement of qualification or a foreign partnership becomes	38685
authorized to transact business in this state.	38686

(C) The secretary of state may revoke the statement of	38687
qualification of any partnership that fails to file a biennial	38688
report when due or pay the required filing fee. To revoke a	38689
statement, the secretary of state shall provide the partnership at	38690
least sixty days' written notice of the intent to revoke, mailed	38691
to the partnership at its chief executive office set forth in the	38692
last filed statement of qualification or biennial report or sent	38693
by electronic mail to the last electronic mail address provided to	38694
the secretary of state. The notice shall specify the report that	38695
the partnership failed to file, the unpaid fee, and the effective	38696
date of the revocation. The revocation is not effective if the	38697
partnership files the report and pays the fee before the effective	38698
date of the revocation.	38699

(D) A revocation under division (C) of this section affects	38700
only a partnership's status as a limited liability partnership and	38701
is not an event of dissolution of the partnership.	38702

(E) A partnership whose statement of qualification is revoked	38703
may apply to the secretary of state for reinstatement within two	38704
years after the effective date of the revocation. The application	38705
for reinstatement shall state the name of the partnership, the	38706
effective date of the revocation, and that the ground for	38707
revocation either did not exist or has been corrected.	38708

(F) A reinstatement under division (E) of this section	38709
relates back to and takes effect as of the effective date of the	38710
revocation, and the partnership's status as a limited liability	38711
partnership continues as if the revocation had never occurred.	38712

Sec. 1785.06. A professional association, within thirty days	38713
after the thirtieth day of June in each even-numbered year, shall	38714
furnish a statement to the secretary of state showing the names	38715
and post-office addresses of all of the shareholders in the	38716
association and certifying that all of the shareholders are duly	38717
licensed, certificated, or otherwise legally authorized to render	38718
within this state the same professional service for which the	38719
association was organized or, in the case of a combination of	38720
professional services described in division (B) of section 1785.01	38721
of the Revised Code, to render within this state any of the	38722
applicable types of professional services for which the	38723
association was organized. This statement shall be made on a form	38724
that the secretary of state shall prescribe, shall be signed by an	38725
officer of the association, and shall be filed in the office of	38726
the secretary of state.	38727

If any professional association fails to file the biennial	38728
statement within the time required by this section, the secretary	38729
of state shall give notice of the failure by ~~certified~~ordinary or	38730
electronic mail~~, return receipt requested,~~ to the last known	38731
physical or electronic address of the association or its agent. If	38732
the biennial statement is not filed within thirty days after the	38733
mailing of the notice, the secretary of state, upon the expiration	38734
of that period, shall cancel the association's articles of	38735
incorporation, give notice of the cancellation to the association	38736
by ordinary or electronic mail sent to the last known physical or	38737
electronic address of the association or its agent, and make a	38738
notation of the cancellation on the records of the secretary of	38739
state.	38740

A professional association whose articles have been canceled	38741
pursuant to this section may be reinstated by filing an	38742
application for reinstatement and the required biennial statement	38743
or statements and by paying the reinstatement fee specified in	38744
division (Q) of section 111.16 of the Revised Code. The rights,	38745
privileges, and franchises of a professional association whose	38746
articles have been reinstated are subject to section 1701.922 of	38747
the Revised Code. The secretary of state shall inform the tax	38748
commissioner of all cancellations and reinstatements under this	38749
section.	38750

Sec. 1901.02. (A) The municipal courts established by	38751
section 1901.01 of the Revised Code have jurisdiction within the	38752
corporate limits of their respective municipal corporations, or,	38753
for the Clermont county municipal court, the Columbiana county	38754
municipal court, and, effective January 1, 2008, the Erie county	38755
municipal court, within the municipal corporation or	38756
unincorporated territory in which they are established, and are	38757
courts of record. Each of the courts shall be styled	38758
".................................. municipal court," inserting	38759
the name of the municipal corporation, except the following	38760
courts, which shall be styled as set forth below:	38761

(1) The municipal court established in Chesapeake that shall	38762
be styled and known as the "Lawrence county municipal court";	38763

(2) The municipal court established in Cincinnati that shall	38764
be styled and known as the "Hamilton county municipal court";	38765

(3) The municipal court established in Ravenna that shall be	38766
styled and known as the "Portage county municipal court";	38767

(4) The municipal court established in Athens that shall be	38768
styled and known as the "Athens county municipal court";	38769

(5) The municipal court established in Columbus that shall be	38770
styled and known as the "Franklin county municipal court";	38771

(6) The municipal court established in London that shall be	38772
styled and known as the "Madison county municipal court";	38773

(7) The municipal court established in Newark that shall be	38774
styled and known as the "Licking county municipal court";	38775

(8) The municipal court established in Wooster that shall be	38776
styled and known as the "Wayne county municipal court";	38777

(9) The municipal court established in Wapakoneta that shall	38778
be styled and known as the "Auglaize county municipal court";	38779

(10) The municipal court established in Troy that shall be	38780
styled and known as the "Miami county municipal court";	38781

(11) The municipal court established in Bucyrus that shall be	38782
styled and known as the "Crawford county municipal court";	38783

(12) The municipal court established in Logan that shall be	38784
styled and known as the "Hocking county municipal court";	38785

(13) The municipal court established in Urbana that shall be	38786
styled and known as the "Champaign county municipal court";	38787

(14) The municipal court established in Jackson that shall be	38788
styled and known as the "Jackson county municipal court";	38789

(15) The municipal court established in Springfield that	38790
shall be styled and known as the "Clark county municipal court";	38791

(16) The municipal court established in Kenton that shall be	38792
styled and known as the "Hardin county municipal court";	38793

(17) The municipal court established within Clermont county	38794
in Batavia or in any other municipal corporation or unincorporated	38795
territory within Clermont county that is selected by the	38796
legislative authority of that court that shall be styled and known	38797
as the "Clermont county municipal court";	38798

(18) The municipal court established in Wilmington that,	38799
beginning July 1, 1992, shall be styled and known as the "Clinton	38800
county municipal court";	38801

(19) The municipal court established in Port Clinton that	38802
shall be styled and known as "the Ottawa county municipal court";	38803

(20) The municipal court established in Lancaster that,	38804
beginning January 2, 2000, shall be styled and known as the	38805
"Fairfield county municipal court";	38806

(21) The municipal court established within Columbiana county	38807
in Lisbon or in any other municipal corporation or unincorporated	38808
territory selected pursuant to division (I) of section 1901.021 of	38809
the Revised Code, that shall be styled and known as the	38810
"Columbiana county municipal court";	38811

(22) The municipal court established in Georgetown that,	38812
beginning February 9, 2003, shall be styled and known as the	38813
"Brown county municipal court";	38814

(23) The municipal court established in Mount Gilead that,	38815
beginning January 1, 2003, shall be styled and known as the	38816
"Morrow county municipal court";	38817

(24) The municipal court established in Greenville that,	38818
beginning January 1, 2005, shall be styled and known as the "Darke	38819
county municipal court";	38820

(25) The municipal court established in Millersburg that,	38821
beginning January 1, 2007, shall be styled and known as the	38822
"Holmes county municipal court";	38823

(26) The municipal court established in Carrollton that,	38824
beginning January 1, 2007, shall be styled and known as the	38825
"Carroll county municipal court";	38826

(27) The municipal court established within Erie county in	38827
Milan or established in any other municipal corporation or	38828
unincorporated territory that is within Erie county, is within the	38829
territorial jurisdiction of that court, and is selected by the	38830
legislative authority of that court that, beginning January 1,	38831
2008, shall be styled and known as the "Erie county municipal	38832
court";	38833

(28) The municipal court established in Ottawa that,	38834
beginning January 1, 2011, shall be styled and known as the	38835
"Putnam county municipal court";	38836

(29) The municipal court established within Montgomery county	38837
in any municipal corporation or unincorporated territory within	38838
Montgomery county, except the municipal corporations of	38839
Centerville, Clayton, Dayton, Englewood, Germantown, Kettering,	38840
Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton	38841
and Butler, German, Harrison, Miami, and Washington townships,	38842
that is selected by the legislative authority of that court and	38843
that, beginning July 1, 2010, shall be styled and known as the	38844
"Montgomery county municipal court."	38845

(B) In addition to the jurisdiction set forth in division (A)	38846
of this section, the municipal courts established by section	38847
1901.01 of the Revised Code have jurisdiction as follows:	38848

The Akron municipal court has jurisdiction within Bath,	38849
Richfield, and Springfield townships, and within the municipal	38850
corporations of Fairlawn, Lakemore, and Mogadore, in Summit	38851
county.	38852

The Alliance municipal court has jurisdiction within	38853
Lexington, Marlboro, Paris, and Washington townships in Stark	38854
county.	38855

The Ashland municipal court has jurisdiction within Ashland	38856
county.	38857

The Ashtabula municipal court has jurisdiction within	38858
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.	38859

The Athens county municipal court has jurisdiction within	38860
Athens county.	38861

The Auglaize county municipal court has jurisdiction within	38862
Auglaize county.	38863

The Avon Lake municipal court has jurisdiction within the	38864
municipal corporations of Avon and Sheffield in Lorain county.	38865

The Barberton municipal court has jurisdiction within	38866
Coventry, Franklin, and Green townships, within all of Copley	38867
township except within the municipal corporation of Fairlawn, and	38868
within the municipal corporations of Clinton and Norton, in Summit	38869
county.	38870

The Bedford municipal court has jurisdiction within the	38871
municipal corporations of Bedford Heights, Oakwood, Glenwillow,	38872
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange,	38873
Warrensville Heights, North Randall, and Woodmere, and within	38874
Warrensville and Chagrin Falls townships, in Cuyahoga county.	38875

The Bellefontaine municipal court has jurisdiction within	38876
Logan county.	38877

The Bellevue municipal court has jurisdiction within Lyme and	38878
Sherman townships in Huron county and within York township in	38879
Sandusky county.	38880

The Berea municipal court has jurisdiction within the	38881
municipal corporations of Strongsville, Middleburgh Heights, Brook	38882
Park, Westview, and Olmsted Falls, and within Olmsted township, in	38883
Cuyahoga county.	38884

The Bowling Green municipal court has jurisdiction within the	38885
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar,	38886
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton	38887
Center, North Baltimore, Pemberville, Portage, Rising Sun,	38888
Tontogany, Wayne, West Millgrove, and Weston, and within Bloom,	38889
Center, Freedom, Grand Rapids, Henry, Jackson, Liberty, Middleton,	38890
Milton, Montgomery, Plain, Portage, Washington, Webster, and	38891
Weston townships in Wood county.	38892

Beginning February 9, 2003, the Brown county municipal court	38893
has jurisdiction within Brown county.	38894

The Bryan municipal court has jurisdiction within Williams	38895
county.	38896

The Cambridge municipal court has jurisdiction within	38897
Guernsey county.	38898

The Campbell municipal court has jurisdiction within	38899
Coitsville township in Mahoning county.	38900

The Canton municipal court has jurisdiction within Canton,	38901
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in	38902
Stark county.	38903

The Carroll county municipal court has jurisdiction within	38904
Carroll county.	38905

The Celina municipal court has jurisdiction within Mercer	38906
county.	38907

The Champaign county municipal court has jurisdiction within	38908
Champaign county.	38909

The Chardon municipal court has jurisdiction within Geauga	38910
county.	38911

The Chillicothe municipal court has jurisdiction within Ross	38912
county.	38913

The Circleville municipal court has jurisdiction within	38914
Pickaway county.	38915

The Clark county municipal court has jurisdiction within	38916
Clark county.	38917

The Clermont county municipal court has jurisdiction within	38918
Clermont county.	38919

The Cleveland municipal court has jurisdiction within the	38920
municipal corporation of Bratenahl in Cuyahoga county.	38921

Beginning July 1, 1992, the Clinton county municipal court	38922
has jurisdiction within Clinton county.	38923

The Columbiana county municipal court has jurisdiction within	38924
all of Columbiana county except within the municipal corporation	38925
of East Liverpool and except within Liverpool and St. Clair	38926
townships.	38927

The Coshocton municipal court has jurisdiction within	38928
Coshocton county.	38929

The Crawford county municipal court has jurisdiction within	38930
Crawford county.	38931

Until December 31, 2008, the Cuyahoga Falls municipal court	38932
has jurisdiction within Boston, Hudson, Northfield Center,	38933
Sagamore Hills, and Twinsburg townships, and within the municipal	38934
corporations of Boston Heights, Hudson, Munroe Falls, Northfield,	38935
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg,	38936
and Macedonia, in Summit county.	38937

Beginning January 1, 2005, the Darke county municipal court	38938
has jurisdiction within Darke county except within the municipal	38939
corporation of Bradford.	38940

The Defiance municipal court has jurisdiction within Defiance	38941
county.	38942

The Delaware municipal court has jurisdiction within Delaware	38943
county.	38944

The East Liverpool municipal court has jurisdiction within	38945
Liverpool and St. Clair townships in Columbiana county.	38946

The Eaton municipal court has jurisdiction within Preble	38947
county.	38948

The Elyria municipal court has jurisdiction within the	38949
municipal corporations of Grafton, LaGrange, and North Ridgeville,	38950
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and	38951
LaGrange townships, in Lorain county.	38952

Beginning January 1, 2008, the Erie county municipal court	38953
has jurisdiction within Erie county except within the townships of	38954
Florence, Huron, Perkins, and Vermilion and the municipal	38955
corporations of Bay View, Castalia, Huron, Sandusky, and	38956
Vermilion.	38957

The Fairborn municipal court has jurisdiction within the	38958
municipal corporation of Beavercreek and within Bath and	38959
Beavercreek townships in Greene county.	38960

Beginning January 2, 2000, the Fairfield county municipal	38961
court has jurisdiction within Fairfield county.	38962

The Findlay municipal court has jurisdiction within all of	38963
Hancock county except within Washington township.	38964

The Fostoria municipal court has jurisdiction within Loudon	38965
and Jackson townships in Seneca county, within Washington township	38966
in Hancock county, and within Perry township, except within the	38967
municipal corporation of West Millgrove, in Wood county.	38968

The Franklin municipal court has jurisdiction within Franklin	38969
township in Warren county.	38970

The Franklin county municipal court has jurisdiction within	38971
Franklin county.	38972

The Fremont municipal court has jurisdiction within Ballville	38973
and Sandusky townships in Sandusky county.	38974

The Gallipolis municipal court has jurisdiction within Gallia	38975
county.	38976

The Garfield Heights municipal court has jurisdiction within	38977
the municipal corporations of Maple Heights, Walton Hills, Valley	38978
View, Cuyahoga Heights, Newburgh Heights, Independence, and	38979
Brecksville in Cuyahoga county.	38980

The Girard municipal court has jurisdiction within Liberty,	38981
Vienna, and Hubbard townships in Trumbull county.	38982

The Hamilton municipal court has jurisdiction within Ross and	38983
St. Clair townships in Butler county.	38984

The Hamilton county municipal court has jurisdiction within	38985
Hamilton county.	38986

The Hardin county municipal court has jurisdiction within	38987
Hardin county.	38988

The Hillsboro municipal court has jurisdiction within all of	38989
Highland county except within Madison township.	38990

The Hocking county municipal court has jurisdiction within	38991
Hocking county.	38992

The Holmes county municipal court has jurisdiction within	38993
Holmes county.	38994

The Huron municipal court has jurisdiction within all of	38995
Huron township in Erie county except within the municipal	38996
corporation of Sandusky.	38997

The Ironton municipal court has jurisdiction within Aid,	38998
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington	38999
townships in Lawrence county.	39000

The Jackson county municipal court has jurisdiction within	39001
Jackson county.	39002

The Kettering municipal court has jurisdiction within the	39003
municipal corporations of Centerville and Moraine, and within	39004
Washington township, in Montgomery county.	39005

Until January 2, 2000, the Lancaster municipal court has	39006
jurisdiction within Fairfield county.	39007

The Lawrence county municipal court has jurisdiction within	39008
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and	39009
Windsor in Lawrence county.	39010

The Lebanon municipal court has jurisdiction within	39011
Turtlecreek township in Warren county.	39012

The Licking county municipal court has jurisdiction within	39013
Licking county.	39014

The Lima municipal court has jurisdiction within Allen	39015
county.	39016

The Lorain municipal court has jurisdiction within the	39017
municipal corporation of Sheffield Lake, and within Sheffield	39018
township, in Lorain county.	39019

The Lyndhurst municipal court has jurisdiction within the	39020
municipal corporations of Mayfield Heights, Gates Mills, Mayfield,	39021
Highland Heights, and Richmond Heights in Cuyahoga county.	39022

The Madison county municipal court has jurisdiction within	39023
Madison county.	39024

The Mansfield municipal court has jurisdiction within	39025
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy,	39026
Washington, Monroe, Perry, Jefferson, and Worthington townships,	39027
and within sections 35-36-31 and 32 of Butler township, in	39028
Richland county.	39029

The Marietta municipal court has jurisdiction within	39030
Washington county.	39031

The Marion municipal court has jurisdiction within Marion	39032
county.	39033

The Marysville municipal court has jurisdiction within Union	39034
county.	39035

The Mason municipal court has jurisdiction within Deerfield	39036
township in Warren county.	39037

The Massillon municipal court has jurisdiction within	39038
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson	39039
townships in Stark county.	39040

The Maumee municipal court has jurisdiction within the	39041
municipal corporations of Waterville and Whitehouse, within	39042
Waterville and Providence townships, and within those portions of	39043
Springfield, Monclova, and Swanton townships lying south of the	39044
northerly boundary line of the Ohio turnpike, in Lucas county.	39045

The Medina municipal court has jurisdiction within the	39046
municipal corporations of Briarwood Beach, Brunswick,	39047
Chippewa-on-the-Lake, and Spencer and within the townships of	39048
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette,	39049
Litchfield, Liverpool, Medina, Montville, Spencer, and York	39050
townships, in Medina county.	39051

The Mentor municipal court has jurisdiction within the	39052
municipal corporation of Mentor-on-the-Lake in Lake county.	39053

The Miami county municipal court has jurisdiction within	39054
Miami county and within the part of the municipal corporation of	39055
Bradford that is located in Darke county.	39056

The Miamisburg municipal court has jurisdiction within the	39057
municipal corporations of Germantown and West Carrollton, and	39058
within German and Miami townships in Montgomery county.	39059

The Middletown municipal court has jurisdiction within	39060
Madison township, and within all of Lemon township, except within	39061
the municipal corporation of Monroe, in Butler county.	39062

Beginning July 1, 2010, the Montgomery county municipal court	39063
has jurisdiction within all of Montgomery county except for the	39064
municipal corporations of Centerville, Clayton, Dayton, Englewood,	39065
Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union,	39066
Vandalia, and West Carrollton and Butler, German, Harrison, Miami,	39067
and Washington townships.	39068

Beginning January 1, 2003, the Morrow county municipal court	39069
has jurisdiction within Morrow county.	39070

The Mount Vernon municipal court has jurisdiction within Knox	39071
county.	39072

The Napoleon municipal court has jurisdiction within Henry	39073
county.	39074

The New Philadelphia municipal court has jurisdiction within	39075
the municipal corporation of Dover, and within Auburn, Bucks,	39076
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin,	39077
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas	39078
county.	39079

The Newton Falls municipal court has jurisdiction within	39080
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington,	39081
Farmington, and Mesopotamia townships in Trumbull county.	39082

The Niles municipal court has jurisdiction within the	39083
municipal corporation of McDonald, and within Weathersfield	39084
township in Trumbull county.	39085

The Norwalk municipal court has jurisdiction within all of	39086
Huron county except within the municipal corporation of Bellevue	39087
and except within Lyme and Sherman townships.	39088

The Oberlin municipal court has jurisdiction within the	39089
municipal corporations of Amherst, Kipton, Rochester, South	39090
Amherst, and Wellington, and within Henrietta, Russia, Camden,	39091
Pittsfield, Brighton, Wellington, Penfield, Rochester, and	39092
Huntington townships, and within all of Amherst township except	39093
within the municipal corporation of Lorain, in Lorain county.	39094

The Oregon municipal court has jurisdiction within the	39095
municipal corporation of Harbor View, and within Jerusalem	39096
township, in Lucas county, and north within Maumee Bay and Lake	39097
Erie to the boundary line between Ohio and Michigan between the	39098
easterly boundary of the court and the easterly boundary of the	39099
Toledo municipal court.	39100

The Ottawa county municipal court has jurisdiction within	39101
Ottawa county.	39102

The Painesville municipal court has jurisdiction within	39103
Painesville, Perry, Leroy, Concord, and Madison townships in Lake	39104
county.	39105

The Parma municipal court has jurisdiction within the	39106
municipal corporations of Parma Heights, Brooklyn, Linndale, North	39107
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in	39108
Cuyahoga county.	39109

The Perrysburg municipal court has jurisdiction within the	39110
municipal corporations of Luckey, Millbury, Northwood, Rossford,	39111
and Walbridge, and within Perrysburg, Lake, and Troy townships, in	39112
Wood county.	39113

The Portage county municipal court has jurisdiction within	39114
Portage county.	39115

The Portsmouth municipal court has jurisdiction within Scioto	39116
county.	39117

The Putnam county municipal court has jurisdiction within	39118
Putnam county.	39119

The Rocky River municipal court has jurisdiction within the	39120
municipal corporations of Bay Village, Westlake, Fairview Park,	39121
and North Olmsted, and within Riveredge township, in Cuyahoga	39122
county.	39123

The Sandusky municipal court has jurisdiction within the	39124
municipal corporations of Castalia and Bay View, and within	39125
Perkins township, in Erie county.	39126

The Shaker Heights municipal court has jurisdiction within	39127
the municipal corporations of University Heights, Beachwood,	39128
Pepper Pike, and Hunting Valley in Cuyahoga county.	39129

The Shelby municipal court has jurisdiction within Sharon,	39130
Jackson, Cass, Plymouth, and Blooming Grove townships, and within	39131
all of Butler township except sections 35-36-31 and 32, in	39132
Richland county.	39133

The Sidney municipal court has jurisdiction within Shelby	39134
county.	39135

Beginning January 1, 2009, the Stow municipal court has	39136
jurisdiction within Boston, Hudson, Northfield Center, Sagamore	39137
Hills, and Twinsburg townships, and within the municipal	39138
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe	39139
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow,	39140
Tallmadge, Twinsburg, and Macedonia, in Summit county.	39141

The Struthers municipal court has jurisdiction within the	39142
municipal corporations of Lowellville, New Middleton, and Poland,	39143
and within Poland and Springfield townships in Mahoning county.	39144

The Sylvania municipal court has jurisdiction within the	39145
municipal corporations of Berkey and Holland, and within Sylvania,	39146
Richfield, Spencer, and Harding townships, and within those	39147
portions of Swanton, Monclova, and Springfield townships lying	39148
north of the northerly boundary line of the Ohio turnpike, in	39149
Lucas county.	39150

The Tiffin municipal court has jurisdiction within Adams, Big	39151
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed,	39152
Scipio, Seneca, Thompson, and Venice townships in Seneca county.	39153

The Toledo municipal court has jurisdiction within Washington	39154
township, and within the municipal corporation of Ottawa Hills, in	39155
Lucas county.	39156

The Upper Sandusky municipal court has jurisdiction within	39157
Wyandot county.	39158

The Vandalia municipal court has jurisdiction within the	39159
municipal corporations of Clayton, Englewood, and Union, and	39160
within Butler, Harrison, and Randolph townships, in Montgomery	39161
county.	39162

The Van Wert municipal court has jurisdiction within Van Wert	39163
county.	39164

The Vermilion municipal court has jurisdiction within the	39165
townships of Vermilion and Florence in Erie county and within all	39166
of Brownhelm township except within the municipal corporation of	39167
Lorain, in Lorain county.	39168

The Wadsworth municipal court has jurisdiction within the	39169
municipal corporations of Gloria Glens Park, Lodi, Seville, and	39170
Westfield Center, and within Guilford, Harrisville, Homer, Sharon,	39171
Wadsworth, and Westfield townships in Medina county.	39172

The Warren municipal court has jurisdiction within Warren and	39173
Champion townships, and within all of Howland township except	39174
within the municipal corporation of Niles, in Trumbull county.	39175

The Washington Court House municipal court has jurisdiction	39176
within Fayette county.	39177

The Wayne county municipal court has jurisdiction within	39178
Wayne county.	39179

The Willoughby municipal court has jurisdiction within the	39180
municipal corporations of Eastlake, Wickliffe, Willowick,	39181
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill,	39182
Timberlake, and Lakeline, and within Kirtland township, in Lake	39183
county.	39184

Through June 30, 1992, the Wilmington municipal court has	39185
jurisdiction within Clinton county.	39186

The Xenia municipal court has jurisdiction within	39187
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross,	39188
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in	39189
Greene county.	39190

39191

(1) "Within a township" includes all land, including, but not	39192
limited to, any part of any municipal corporation, that is	39193
physically located within the territorial boundaries of that	39194
township, whether or not that land or municipal corporation is	39195
governmentally a part of the township.	39196

(2) "Within a municipal corporation" includes all land within	39197
the territorial boundaries of the municipal corporation and any	39198
townships that are coextensive with the municipal corporation.	39199

Sec. 1901.18. (A) Except as otherwise provided in this	39200
division or section 1901.181 of the Revised Code, subject to the	39201
monetary jurisdiction of municipal courts as set forth in section	39202
1901.17 of the Revised Code, a municipal court has original	39203
jurisdiction within its territory in all of the following actions	39204
or proceedings and to perform all of the following functions:	39205

(1) In any civil action, of whatever nature or remedy, of	39206
which judges of county courts have jurisdiction;	39207

(2) In any action or proceeding at law for the recovery of	39208
money or personal property of which the court of common pleas has	39209
jurisdiction;	39210

(3) In any action at law based on contract, to determine,	39211
preserve, and enforce all legal and equitable rights involved in	39212
the contract, to decree an accounting, reformation, or	39213
cancellation of the contract, and to hear and determine all legal	39214
and equitable remedies necessary or proper for a complete	39215
determination of the rights of the parties to the contract;	39216

(4) In any action or proceeding for the sale of personal	39217
property under chattel mortgage, lien, encumbrance, or other	39218
charge, for the foreclosure and marshalling of liens on personal	39219
property of that nature, and for the rendering of personal	39220
judgment in the action or proceeding;	39221

(5) In any action or proceeding to enforce the collection of	39222
its own judgments or the judgments rendered by any court within	39223
the territory to which the municipal court has succeeded, and to	39224
subject the interest of a judgment debtor in personal property to	39225
satisfy judgments enforceable by the municipal court;	39226

(6) In any action or proceeding in the nature of	39227
interpleader;	39228

(7) In any action of replevin;

39229

(8) In any action of forcible entry and detainer;

39230

(9) In any action concerning the issuance and enforcement of	39231
temporary protection orders pursuant to section 2919.26 of the	39232
Revised Code or protection orders pursuant to section 2903.213 of	39233
the Revised Code or the enforcement of protection orders issued by	39234
courts of another state, as defined in section 2919.27 of the	39235
Revised Code;	39236

(10) If the municipal court has a housing or environmental	39237
division, in any action over which the division is given	39238
jurisdiction by section 1901.181 of the Revised Code, provided	39239
that, except as specified in division (B) of that section, no	39240
judge of the court other than the judge of the division shall hear	39241
or determine any action over which the division has jurisdiction;	39242

(11) In any action brought pursuant to division (I) of	39243
section ~~3733.11~~4781.40 of the Revised Code, if the residential	39244
premises that are the subject of the action are located within the	39245
territorial jurisdiction of the court;	39246

(12) In any civil action as described in division (B)(1) of	39247
section 3767.41 of the Revised Code that relates to a public	39248
nuisance, and, to the extent any provision of this chapter	39249
conflicts or is inconsistent with a provision of that section, the	39250
provision of that section shall control in the civil action.	39251

(B) The Cleveland municipal court also shall have	39252
jurisdiction within its territory in all of the following actions	39253
or proceedings and to perform all of the following functions:	39254

(1) In all actions and proceedings for the sale of real	39255
property under lien of a judgment of the municipal court or a lien	39256
for machinery, material, or fuel furnished or labor performed,	39257
irrespective of amount, and, in those actions and proceedings, the	39258
court may proceed to foreclose and marshal all liens and all	39259
vested or contingent rights, to appoint a receiver, and to render	39260
personal judgment irrespective of amount in favor of any party.	39261

(2) In all actions for the foreclosure of a mortgage on real	39262
property given to secure the payment of money or the enforcement	39263
of a specific lien for money or other encumbrance or charge on	39264
real property, when the amount claimed by the plaintiff does not	39265
exceed fifteen thousand dollars and the real property is situated	39266
within the territory, and, in those actions, the court may proceed	39267
to foreclose all liens and all vested and contingent rights and	39268
may proceed to render judgments and make findings and orders	39269
between the parties in the same manner and to the same extent as	39270
in similar actions in the court of common pleas.	39271

(3) In all actions for the recovery of real property situated	39272
within the territory to the same extent as courts of common pleas	39273
have jurisdiction;	39274

(4) In all actions for injunction to prevent or terminate	39275
violations of the ordinances and regulations of the city of	39276
Cleveland enacted or promulgated under the police power of the	39277
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	39278
Constitution, over which the court of common pleas has or may have	39279
jurisdiction, and, in those actions, the court may proceed to	39280
render judgments and make findings and orders in the same manner	39281
and to the same extent as in similar actions in the court of	39282
common pleas.	39283

Sec. 1901.261. (A)(1) A municipal court may determine that	39284
for the efficient operation of the court additional funds are	39285
required to computerize the court, to make available computerized	39286
legal research services, or to do both. Upon making a	39287
determination that additional funds are required for either or	39288
both of those purposes, the court shall include in its schedule of	39289
fees and costs under section 1901.26 of the Revised Code one	39290
additional fee not to exceed three dollars on the filing of each	39291
cause of action or appeal equivalent to one described in division	39292
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall	39293
direct the clerk of the court to charge the fee.	39294

(2) All fees collected under this section shall be paid to	39295
the county treasurer if the court is a county-operated municipal	39296
court or to the city treasurer if the court is not a	39297
county-operated municipal court. The treasurer shall place the	39298
funds from the fees in a separate fund to be disbursed upon an	39299
order of the court, subject to an appropriation by the board of	39300
county commissioners if the court is a county-operated municipal	39301
court or by the legislative authority of the municipal corporation	39302
if the court is not a county-operated municipal court, in an	39303
amount not greater than the actual cost to the court of	39304
computerizing the court, procuring and maintaining computerized	39305
legal research services, or both.	39306

(3) If the court determines that the funds in the fund	39307
described in division (A)(2) of this section are more than	39308
sufficient to satisfy the purpose for which the additional fee	39309
described in division (A)(1) of this section was imposed, the	39310
court may declare a surplus in the fund and, subject to an	39311
appropriation by the board of county commissioners if the court is	39312
a county-operated municipal court or by the legislative authority	39313
of the municipal corporation if the court is not a county-operated	39314
municipal court, expend those surplus funds for other appropriate	39315
technological expenses of the court.	39316

(B)(1) A municipal court may determine that, for the	39317
efficient operation of the court, additional funds are required to	39318
computerize the office of the clerk of the court and, upon that	39319
determination, may include in its schedule of fees and costs under	39320
section 1901.26 of the Revised Code an additional fee not to	39321
exceed ten dollars on the filing of each cause of action or	39322
appeal, on the filing, docketing, and endorsing of each	39323
certificate of judgment, or on the docketing and indexing of each	39324
aid in execution or petition to vacate, revive, or modify a	39325
judgment that is equivalent to one described in division (A), (P),	39326
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	39327
to division (B)(2) of this section, all moneys collected under	39328
division (B)(1) of this section shall be paid to the county	39329
treasurer if the court is a county-operated municipal court or to	39330
the city treasurer if the court is not a county-operated municipal	39331
court. The treasurer shall place the funds from the fees in a	39332
separate fund to be disbursed, upon an order of the municipal	39333
court and subject to an appropriation by the board of county	39334
commissioners if the court is a county-operated municipal court or	39335
by the legislative authority of the municipal corporation if the	39336
court is not a county-operated municipal court, in an amount no	39337
greater than the actual cost to the court of procuring and	39338
maintaining computer systems for the office of the clerk of the	39339
municipal court.	39340

(2) If a municipal court makes the determination described in	39341
division (B)(1) of this section, the board of county commissioners	39342
of the county if the court is a county-operated municipal court or	39343
the legislative authority of the municipal corporation if the	39344
court is not a county-operated municipal court, may issue one or	39345
more general obligation bonds for the purpose of procuring and	39346
maintaining the computer systems for the office of the clerk of	39347
the municipal court. In addition to the purposes stated in	39348
division (B)(1) of this section for which the moneys collected	39349
under that division may be expended, the moneys additionally may	39350
be expended to pay debt charges and financing costs related to any	39351
general obligation bonds issued pursuant to division (B)(2) of	39352
this section as they become due. General obligation bonds issued	39353
pursuant to division (B)(2) of this section are Chapter 133.	39354
securities.	39355

Sec. 1901.262. (A) A municipal court may establish by rule	39356
procedures for the resolution of disputes between parties. Any	39357
procedures so adopted shall include, but are not limited to,	39358
mediation. If the court establishes any procedures under this	39359
division, the court may include in the court's schedule of fees	39360
and costs under section 1901.26 of the Revised Code a reasonable	39361
fee, that is to be collected on the filing of each civil or	39362
criminal action or proceeding, and that is to be used to implement	39363
the procedures, and the court shall direct the clerk of the court	39364
to charge the fee.	39365

(B) All fees collected under division (A) of this section	39366
shall be paid to the county treasurer if the court is a	39367
county-operated municipal court or to the city treasurer if the	39368
court is not a county-operated municipal court. The treasurer	39369
shall place the funds from the fees in a separate fund to be	39370
disbursed upon an order of the court, subject to an appropriation	39371
by the board of county commissioners if the court is a	39372
county-operated municipal court or by the legislative authority of	39373
the municipal corporation if the court is not a county-operated	39374
municipal court.	39375

(C) If the court determines that the amount of the moneys in	39376
the fund described in division (B) of this section is more than	39377
the amount sufficient to satisfy the purpose for which the	39378
additional fee described in division (A) of this section was	39379
imposed, the court may declare a surplus in the fund and, subject	39380
to an appropriation by the board of county commissioners if the	39381
court is a county-operated municipal court or by the legislative	39382
authority of the municipal corporation if the court is not a	39383
county-operated municipal court, expend the surplus moneys for	39384
other appropriate expenses of the court.	39385

Sec. 1907.261. (A)(1) A county court may determine that for	39386
the efficient operation of the court additional funds are required	39387
to computerize the court, to make available computerized legal	39388
research services, or to do both. Upon making a determination that	39389
additional funds are required for either or both of those	39390
purposes, the court shall include in its schedule of fees and	39391
costs under section 1907.24 of the Revised Code one additional fee	39392
not to exceed three dollars on the filing of each cause of action	39393
or appeal equivalent to one described in division (A), (Q), or (U)	39394
of section 2303.20 of the Revised Code and shall direct the clerk	39395
of the court to charge the fee.	39396

(2) All fees collected under this section shall be paid to	39397
the county treasurer. The treasurer shall place the funds from the	39398
fees in a separate fund to be disbursed upon an order of the	39399
court, subject to an appropriation by the board of county	39400
commissioners, in an amount not greater than the actual cost to	39401
the court of computerizing the court, procuring and maintaining	39402
computerized legal research services, or both.	39403

(3) If the court determines that the funds in the fund	39404
described in division (A)(2) of this section are more than	39405
sufficient to satisfy the purpose for which the additional fee	39406
described in division (A)(1) of this section was imposed, the	39407
court may declare a surplus in the fund and, subject to an	39408
appropriation by the board of county commissioners, expend those	39409
surplus funds for other appropriate technological expenses of the	39410
court.	39411

(B)(1) A county court may determine that, for the efficient	39412
operation of the court, additional funds are required to	39413
computerize the office of the clerk of the court and, upon that	39414
determination, may include in its schedule of fees and costs under	39415
section 1907.24 of the Revised Code an additional fee not to	39416
exceed ten dollars on the filing of each cause of action or	39417
appeal, on the filing, docketing, and endorsing of each	39418
certificate of judgment, or on the docketing and indexing of each	39419
aid in execution or petition to vacate, revive, or modify a	39420
judgment that is equivalent to one described in division (A), (P),	39421
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	39422
to division (B)(2) of this section, all moneys collected under	39423
division (B)(1) of this section shall be paid to the county	39424
treasurer. The treasurer shall place the funds from the fees in a	39425
separate fund to be disbursed, upon an order of the county court	39426
and subject to an appropriation by the board of county	39427
commissioners, in an amount no greater than the actual cost to the	39428
court of procuring and maintaining computer systems for the office	39429
of the clerk of the county court.	39430

(2) If a county court makes the determination described in	39431
division (B)(1) of this section, the board of county commissioners	39432
of that county may issue one or more general obligation bonds for	39433
the purpose of procuring and maintaining the computer systems for	39434
the office of the clerk of the county court. In addition to the	39435
purposes stated in division (B)(1) of this section for which the	39436
moneys collected under that division may be expended, the moneys	39437
additionally may be expended to pay debt charges and financing	39438
costs related to any general obligation bonds issued pursuant to	39439
division (B)(2) of this section as they become due. General	39440
obligation bonds issued pursuant to division (B)(2) of this	39441
section are Chapter 133. securities.	39442

Sec. 1907.262. (A) A county court may establish by rule	39443
procedures for the resolution of disputes between parties. Any	39444
procedures so adopted shall include, but are not limited to,	39445
mediation. If the court establishes any procedures under this	39446
division, the court may include in the court's schedule of fees	39447
and costs under section 1907.24 of the Revised Code a reasonable	39448
fee, that is to be collected on the filing of each civil or	39449
criminal action or proceeding, and that is to be used to implement	39450
the procedures, and the court shall direct the clerk of the court	39451
to charge the fee.	39452

(B) All fees collected under division (A) of this section	39453
shall be paid to the county treasurer. The treasurer shall place	39454
the funds from the fees in a separate fund to be disbursed upon an	39455
order of the court, subject to an appropriation by the board of	39456
county commissioners.	39457

(C) If the court determines that the amount of the moneys in	39458
the fund described in division (B) of this section is more than	39459
the amount sufficient to satisfy the purpose for which the	39460
additional fee described in division (A) of this section was	39461
imposed, the court may declare a surplus in the fund and, subject	39462
to an appropriation by the board of county commissioners, expend	39463
the surplus moneys for other appropriate expenses of the court.	39464

Sec. 1907.53. (A)(1) Each judge of a county court may	39465
appoint a bailiff on a full-time or part-time basis. The bailiff	39466
shall receive compensation as prescribed by the appointing judge,	39467
and the compensation is payable in semimonthly installments from	39468
the treasury of the county or other authorized fund. Before	39469
entering upon the duties of the office, a bailiff shall take an	39470
oath to faithfully perform those duties and shall give a bond of	39471
not less than three thousand dollars, as the appointing judge	39472
prescribes, conditioned on the faithful performance of the duties	39473
as bailiff.	39474

(2) The board of county commissioners may purchase motor	39475
vehicles for the use of the bailiff that the court determines	39476
necessary to perform the duties of the office. The board, upon	39477
approval by the court, shall pay all expenses, maintenance, and	39478
upkeep of the vehicles from the county treasury or other	39479
authorized fund. Any allowances, costs, and expenses for the	39480
operation of private motor vehicles by the bailiffs for official	39481
duties, including the cost of oil, gasoline, and maintenance,	39482
shall be prescribed by the court and subject to the approval of	39483
the board and shall be paid from the county treasury or other	39484
authorized fund.	39485

(B)(1) In a county court district in which no bailiff is	39486
appointed pursuant to division (A)(1) of this section, every	39487
deputy sheriff of the county, every police officer of a municipal	39488
corporation within the jurisdiction of the court, every member of	39489
a township or joint ~~township~~ police district police force, and	39490
every police constable of a township within the county court	39491
district is ex officio a bailiff of the court in and for the	39492
county, municipal corporation, or township within which the deputy	39493
sheriff, police officer, police force member, or police constable	39494
is commissioned and shall perform, in respect to cases within that	39495
jurisdiction and without additional compensation, any duties that	39496
are required by a judge of the court or by the clerk of the court.	39497

(2) At the request of a county court judge, a deputy sheriff	39498
or constable shall attend the county court while a trial is in	39499
progress.	39500

(C)(1) A bailiff and an ex officio bailiff shall perform for	39501
the county court services similar to those performed by the	39502
sheriff for the court of common pleas and shall perform any other	39503
duties that are required by rule of court.	39504

(2) The bailiff may administer oaths to witnesses and jurors	39505
and receive verdicts in the same manner and form and to the same	39506
extent as the clerk or deputy clerks of the county court. The	39507
bailiff may approve all undertakings and bonds given in actions of	39508
replevin and all redelivery bonds in attachments.	39509

(D) Bailiffs and deputy bailiffs are in the unclassified	39510
civil service.	39511

Sec. 1909.11. A county court judge has jurisdiction in any	39512
action brought pursuant to division (I) of section ~~3733.11~~4781.40	39513
of the Revised Code if the residential premises that are the	39514
subject of the action are located within the territorial	39515
jurisdiction of the judge's county court district.	39516

Sec. 1923.01. (A) As provided in this chapter, any judge of	39517
a county or municipal court or a court of common pleas, within the	39518
judge's proper area of jurisdiction, may inquire about persons who	39519
make unlawful and forcible entry into lands or tenements and	39520
detain them, and about persons who make a lawful and peaceable	39521
entry into lands or tenements and hold them unlawfully and by	39522
force. If, upon the inquiry, it is found that an unlawful and	39523
forcible entry has been made and the lands or tenements are	39524
detained, or that, after a lawful entry, lands or tenements are	39525
held unlawfully and by force, a judge shall cause the plaintiff in	39526
an action under this chapter to have restitution of the lands or	39527
tenements.	39528

(B) An action shall be brought under this chapter within two	39529
years after the cause of action accrues.	39530

39531

(1) "Tenant" means a person who is entitled under a rental	39532
agreement to the use or occupancy of premises, other than premises	39533
located in a manufactured home park, to the exclusion of others,	39534
except that as used in division (A)(6) of section 1923.02 and	39535
section 1923.051 of the Revised Code, "tenant" includes a	39536
manufactured home park resident.	39537

(2) "Landlord" means the owner, lessor, or sublessor of	39538
premises, or the agent or person the landlord authorizes to manage	39539
premises or to receive rent from a tenant under a rental	39540
agreement, except, if required by the facts of the action to which	39541
the term is applied, "landlord" means a park operator.	39542

(3) "Resident" has the same meaning as in section ~~3733.01~~	39543
4781.01 of the Revised Code.	39544

(4) "Residential premises" has the same meaning as in section	39545
5321.01 of the Revised Code, except, if required by the facts of	39546
the action to which the term is applied, "residential premises"	39547
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	39548
Code.	39549

(5) "Rental agreement" means any agreement or lease, written	39550
or oral, that establishes or modifies the terms, conditions,	39551
rules, or other provisions concerning the use or occupancy of	39552
premises by one of the parties to the agreement or lease, except	39553
that "rental agreement," as used in division (A)(13) of section	39554
1923.02 of the Revised Code and where the context requires as used	39555
in this chapter, means a rental agreement as defined in division	39556
(D) of section 5322.01 of the Revised Code.	39557

(6) "Controlled substance" has the same meaning as in section	39558
3719.01 of the Revised Code.	39559

(7) "School premises" has the same meaning as in section	39560
2925.01 of the Revised Code.	39561

(8) "Sexually oriented offense" and "child-victim oriented	39562
offense" have the same meanings as in section 2950.01 of the	39563
Revised Code.	39564

(9) "Recreational vehicle" and "mobile home" have the same	39565
meanings as in section 4501.01 of the Revised Code.	39566

(10) "Manufactured home" has the same meaning as in section	39567
3781.06 of the Revised Code.	39568

(11) "Manufactured home park" has the same meaning as in	39569
section ~~3733.01~~4781.01 of the Revised Code and also means any	39570
tract of land upon which one or two manufactured or mobile homes	39571
used for habitation are parked, either free of charge or for	39572
revenue purposes, pursuant to rental agreements between the owners	39573
of the manufactured or mobile homes and the owner of the tract of	39574
land.	39575

(12) "Park operator" has the same meaning as in section	39576
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	39577
premises upon which one or two manufactured or mobile homes used	39578
for habitation are parked, either free of charge or for revenue	39579
purposes, pursuant to rental agreements between the owners of the	39580
manufactured or mobile homes and a landlord who is not licensed as	39581
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	39582
of the Revised Code.	39583

(13) "Personal property" means tangible personal property	39584
other than a manufactured home, mobile home, or recreational	39585
vehicle that is the subject of an action under this chapter.	39586

(14) "Preschool or child day-care center premises" has the	39587
same meaning as in section 2950.034 of the Revised Code.	39588

Sec. 1923.02. (A) Proceedings under this chapter may be had	39589
as follows:	39590

(1) Against tenants or manufactured home park residents	39591
holding over their terms;	39592

(2) Against tenants or manufactured home park residents in	39593
possession under an oral tenancy, who are in default in the	39594
payment of rent as provided in division (B) of this section;	39595

(3) In sales of real estate, on executions, orders, or other	39596
judicial process, when the judgment debtor was in possession at	39597
the time of the rendition of the judgment or decree, by virtue of	39598
which the sale was made;	39599

(4) In sales by executors, administrators, or guardians, and	39600
on partition, when any of the parties to the complaint were in	39601
possession at the commencement of the action, after the sales, so	39602
made on execution or otherwise, have been examined by the proper	39603
court and adjudged legal;	39604

(5) When the defendant is an occupier of lands or tenements,	39605
without color of title, and the complainant has the right of	39606
possession to them;	39607

(6) In any other case of the unlawful and forcible detention	39608
of lands or tenements. For purposes of this division, in addition	39609
to any other type of unlawful and forcible detention of lands or	39610
tenements, such a detention may be determined to exist when both	39611
of the following apply:	39612

(a) A tenant fails to vacate residential premises within	39613
three days after both of the following occur:	39614

(i) The tenant's landlord has actual knowledge of or has	39615
reasonable cause to believe that the tenant, any person in the	39616
tenant's household, or any person on the premises with the consent	39617
of the tenant previously has or presently is engaged in a	39618
violation of Chapter 2925. or 3719. of the Revised Code, or of a	39619
municipal ordinance that is substantially similar to any section	39620
in either of those chapters, which involves a controlled substance	39621
and which occurred in, is occurring in, or otherwise was or is	39622
connected with the premises, whether or not the tenant or other	39623
person has been charged with, has pleaded guilty to or been	39624
convicted of, or has been determined to be a delinquent child for	39625
an act that, if committed by an adult, would be a violation as	39626
described in this division. For purposes of this division, a	39627
landlord has "actual knowledge of or has reasonable cause to	39628
believe" that a tenant, any person in the tenant's household, or	39629
any person on the premises with the consent of the tenant	39630
previously has or presently is engaged in a violation as described	39631
in this division if a search warrant was issued pursuant to	39632
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	39633
affidavit presented to obtain the warrant named or described the	39634
tenant or person as the individual to be searched and particularly	39635
described the tenant's premises as the place to be searched, named	39636
or described one or more controlled substances to be searched for	39637
and seized, stated substantially the offense under Chapter 2925.	39638
or 3719. of the Revised Code or the substantially similar	39639
municipal ordinance that occurred in, is occurring in, or	39640
otherwise was or is connected with the tenant's premises, and	39641
states the factual basis for the affiant's belief that the	39642
controlled substances are located on the tenant's premises; the	39643
warrant was properly executed by a law enforcement officer and any	39644
controlled substance described in the affidavit was found by that	39645
officer during the search and seizure; and, subsequent to the	39646
search and seizure, the landlord was informed by that or another	39647
law enforcement officer of the fact that the tenant or person has	39648
or presently is engaged in a violation as described in this	39649
division and it occurred in, is occurring in, or otherwise was or	39650
is connected with the tenant's premises.	39651

(ii) The landlord gives the tenant the notice required by	39652
division (C) of section 5321.17 of the Revised Code.	39653

(b) The court determines, by a preponderance of the evidence,	39654
that the tenant, any person in the tenant's household, or any	39655
person on the premises with the consent of the tenant previously	39656
has or presently is engaged in a violation as described in	39657
division (A)(6)(a)(i) of this section.	39658

(7) In cases arising out of Chapter 5313. of the Revised	39659
Code. In those cases, the court has the authority to declare a	39660
forfeiture of the vendee's rights under a land installment	39661
contract and to grant any other claims arising out of the	39662
contract.	39663

(8) Against tenants who have breached an obligation that is	39664
imposed by section 5321.05 of the Revised Code, other than the	39665
obligation specified in division (A)(9) of that section, and that	39666
materially affects health and safety. Prior to the commencement of	39667
an action under this division, notice shall be given to the tenant	39668
and compliance secured with section 5321.11 of the Revised Code.	39669

(9) Against tenants who have breached an obligation imposed	39670
upon them by a written rental agreement;	39671

(10) Against manufactured home park residents who have	39672
defaulted in the payment of rent or breached the terms of a rental	39673
agreement with a park operator. Nothing in this division precludes	39674
the commencement of an action under division (A)(12) of this	39675
section when the additional circumstances described in that	39676
division apply.	39677

(11) Against manufactured home park residents who have	39678
committed two material violations of the rules of the manufactured	39679
home park, of the ~~public health council~~manufactured homes	39680
commission, or of applicable state and local health and safety	39681
codes and who have been notified of the violations in compliance	39682
with section ~~3733.13~~4781.45 of the Revised Code;	39683

(12) Against a manufactured home park resident, or the estate	39684
of a manufactured home park resident, who as a result of death or	39685
otherwise has been absent from the manufactured home park for a	39686
period of thirty consecutive days prior to the commencement of an	39687
action under this division and whose manufactured home or mobile	39688
home, or recreational vehicle that is parked in the manufactured	39689
home park, has been left unoccupied for that thirty-day period,	39690
without notice to the park operator and without payment of rent	39691
due under the rental agreement with the park operator;	39692

(13) Against occupants of self-service storage facilities, as	39693
defined in division (A) of section 5322.01 of the Revised Code,	39694
who have breached the terms of a rental agreement or violated	39695
section 5322.04 of the Revised Code;	39696

(14) Against any resident or occupant who, pursuant to a	39697
rental agreement, resides in or occupies residential premises	39698
located within one thousand feet of any school premises or	39699
preschool or child day-care center premises and to whom both of	39700
the following apply:	39701

(a) The resident's or occupant's name appears on the state	39702
registry of sex offenders and child-victim offenders maintained	39703
under section 2950.13 of the Revised Code.	39704

(b) The state registry of sex offenders and child-victim	39705
offenders indicates that the resident or occupant was convicted of	39706
or pleaded guilty to a sexually oriented offense or a child-victim	39707
oriented offense in a criminal prosecution and was not sentenced	39708
to a serious youthful offender dispositional sentence for that	39709
offense.	39710

(15) Against any tenant who permits any person to occupy	39711
residential premises located within one thousand feet of any	39712
school premises or preschool or child day-care center premises if	39713
both of the following apply to the person:	39714

(a) The person's name appears on the state registry of sex	39715
offenders and child-victim offenders maintained under section	39716
2950.13 of the Revised Code.	39717

(b) The state registry of sex offenders and child-victim	39718
offenders indicates that the person was convicted of or pleaded	39719
guilty to a sexually oriented offense or a child-victim oriented	39720
offense in a criminal prosecution and was not sentenced to a	39721
serious youthful offender dispositional sentence for that offense.	39722

(B) If a tenant or manufactured home park resident holding	39723
under an oral tenancy is in default in the payment of rent, the	39724
tenant or resident forfeits the right of occupancy, and the	39725
landlord may, at the landlord's option, terminate the tenancy by	39726
notifying the tenant or resident, as provided in section 1923.04	39727
of the Revised Code, to leave the premises, for the restitution of	39728
which an action may then be brought under this chapter.	39729

(C)(1) If a tenant or any other person with the tenant's	39730
permission resides in or occupies residential premises that are	39731
located within one thousand feet of any school premises and is a	39732
resident or occupant of the type described in division (A)(14) of	39733
this section or a person of the type described in division (A)(15)	39734
of this section, the landlord for those residential premises, upon	39735
discovery that the tenant or other person is a resident, occupant,	39736
or person of that nature, may terminate the rental agreement or	39737
tenancy for those residential premises by notifying the tenant and	39738
all other occupants, as provided in section 1923.04 of the Revised	39739
Code, to leave the premises.	39740

(2) If a landlord is authorized to terminate a rental	39741
agreement or tenancy pursuant to division (C)(1) of this section	39742
but does not so terminate the rental agreement or tenancy, the	39743
landlord is not liable in a tort or other civil action in damages	39744
for any injury, death, or loss to person or property that	39745
allegedly result from that decision.	39746

(D) This chapter does not apply to a student tenant as	39747
defined by division (H) of section 5321.01 of the Revised Code	39748
when the college or university proceeds to terminate a rental	39749
agreement pursuant to section 5321.031 of the Revised Code.	39750

Sec. 1923.061. (A) Any defense in an action under this	39751
chapter may be asserted at trial.	39752

(B) In an action for possession of residential premises based	39753
upon nonpayment of the rent or in an action for rent when the	39754
tenant or manufactured home park resident is in possession, the	39755
tenant or resident may counterclaim for any amount hethe tenant	39756
or resident may recover under the rental agreement or under	39757
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	39758
the court from time to time may order the tenant or resident to	39759
pay into court all or part of the past due rent and rent becoming	39760
due during the pendency of the action. After trial and judgment,	39761
the party to whom a net judgment is owed shall be paid first from	39762
the money paid into court, and any balance shall be satisfied as	39763
any other judgment. If no rent remains due after application of	39764
this division, judgment shall be entered for the tenant or	39765
resident in the action for possession. If the tenant or resident	39766
has paid into court an amount greater than that necessary to	39767
satisfy a judgment obtained by the landlord, the balance shall be	39768
returned by the court to the tenant or resident.	39769

Sec. 1923.15. During any proceeding involving residential	39770
premises under this chapter, the court may order an appropriate	39771
governmental agency to inspect the residential premises. If the	39772
agency determines and the court finds conditions which constitute	39773
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	39774
Code, and if the premises have been vacated or are to be restored	39775
to the landlord, the court may issue an order forbidding the	39776
re-rental of the property until such conditions are corrected. If	39777
the agency determines and the court finds such conditions, and if	39778
the court finds that the tenant or manufactured home park resident	39779
may remain in possession, the court may order such conditions	39780
corrected. If such conditions have been caused by the tenant or	39781
resident, the court may award damages to the landlord equal to the	39782
reasonable cost of correcting such conditions.	39783

Sec. 2101.08. The probate judge may appoint a ~~stenographic~~	39784
reporter and fix ~~his~~the reporter's compensation in the manner	39785
provided for the court of common pleas in sections 2301.18 to	39786
2301.26~~, inclusive,~~ of the Revised Code.	39787

Sec. 2101.162. (A)(1) The probate judge may determine that,	39788
for the efficient operation of the probate court, additional funds	39789
are required to computerize the court, make available computerized	39790
legal research services, or to do both. Upon making a	39791
determination that additional funds are required for either or	39792
both of those purposes, the probate judge shall charge a fee not	39793
to exceed three dollars or authorize and direct a deputy clerk of	39794
~~his~~the probate court to charge a fee not to exceed three dollars,	39795
in addition to the fees specified in divisions (A)(1), (3), (4),	39796
(6), (14) to (17), (20) to (25), (27), (30) to (32), (34), (35),	39797
(37) to (48), (50) to (55), (59) to (61), (63) to (66), (69), and	39798
(72) of section 2101.16 of the Revised Code, the fee adopted	39799
pursuant to division (F) of that section, and the fee charged in	39800
connection with the docketing and indexing of an appeal.	39801

(2) All moneys collected under division (A)(1) of this	39802
section shall be paid to the county treasurer. The treasurer shall	39803
place the moneys from the fees in a separate fund to be disbursed,	39804
upon an order of the probate judge, subject to an appropriation by	39805
the board of county commissioners, in an amount no greater than	39806
the actual cost to the court of procuring and maintaining	39807
computerization of the court, computerized legal research	39808
services, or both.	39809

(3) If the court determines that the funds in the fund	39810
described in division (A)(2) of this section are more than	39811
sufficient to satisfy the purpose for which the additional fee	39812
described in division (A)(1) of this section was imposed, the	39813
court may declare a surplus in the fund and, subject to an	39814
appropriation by the board of county commissioners, expend those	39815
surplus funds for other appropriate technological expenses of the	39816
court.	39817

(B)(1) The probate judge may determine that, for the	39818
efficient operation of ~~his~~the probate court, additional funds are	39819
required to computerize the office of the clerk of the court and,	39820
upon that determination, may charge a fee, not to exceed ten	39821
dollars, or authorize and direct a deputy clerk of the probate	39822
court to charge a fee, not to exceed ten dollars, in addition to	39823
the fees specified in divisions (A)(1), (3), (4), (6), (14) to	39824
(17), (20) to (25), (27), (30) to (32), (34), (35), (37) to (48),	39825
(50) to (55), (59) to (61), (63) to (66), (69), and (72) of	39826
section 2101.16 of the Revised Code, the fee adopted pursuant to	39827
division (F) of that section, and the fee charged in connection	39828
with the docketing and indexing of an appeal. Subject to division	39829
(B)(2) of this section, all moneys collected under this division	39830
shall be paid to the county treasurer to be disbursed, upon an	39831
order of the probate judge and subject to appropriation by the	39832
board of county commissioners, in an amount no greater than the	39833
actual cost to the probate court of procuring and maintaining	39834
computer systems for the office of the clerk of the court.	39835

(2) If the probate judge makes the determination described in	39836
division (B)(1) of this section, the board of county commissioners	39837
may issue one or more general obligation bonds for the purpose of	39838
procuring and maintaining the computer systems for the office of	39839
the clerk of the probate court. In addition to the purposes stated	39840
in division (B)(1) of this section for which the moneys collected	39841
under that division may be expended, the moneys additionally may	39842
be expended to pay debt charges on and financing costs related to	39843
any general obligation bonds issued pursuant to this division as	39844
they become due. General obligation bonds issued pursuant to this	39845
division are Chapter 133. securities.	39846

Sec. 2105.09. (A) The county auditor, unless hethe auditor	39847
acts pursuant to division (C) of this section, shall take	39848
possession of real property escheated to the state that is located	39849
in ~~his~~the auditor's county and outside the incorporated area of a	39850
city. The auditor shall take possession in the name of the state	39851
and sell the property at public auction, at the county seat of the	39852
county, to the highest bidder, after having given thirty days'	39853
notice of the intended sale in a newspaper ~~published within~~of	39854
general circulation in the county or as provided in section 7.16	39855
of the Revised Code.	39856

On the application of the auditor, the court of common pleas	39857
shall appoint three disinterested freeholders of the county to	39858
appraise the real property. The freeholders shall be governed by	39859
the same rule as appraisers in sheriffs' or administrators' sales.	39860
The auditor shall sell the property at not less than two thirds of	39861
its appraised value and may sell it for cash, or for one-third	39862
cash and the balance in equal annual payments, the deferred	39863
payments to be amply secured. Upon payment of the whole	39864
consideration, the auditor shall execute a deed to the purchaser,	39865
in the name and on behalf of the state. The proceeds of the sale	39866
shall be paid by the auditor to the county treasurer.	39867

If there is a regularly organized agricultural society within	39868
the county, the treasurer shall pay the greater of six hundred	39869
dollars or five per cent of the proceeds, in any case, to the	39870
society. The excess of the proceeds, or the whole thereof if there	39871
is no regularly organized agricultural society within the county,	39872
shall be distributed as follows:	39873

(1) Twenty-five per cent shall be paid equally to the	39874
townships of the county;	39875

(2) Seventy per cent shall be paid into the state treasury to	39876
the credit of the agro Ohio fund created under section 901.04 of	39877
the Revised Code;	39878

(3) Five per cent shall be credited to the county general	39879
fund for such lawful purposes as the board of county commissioners	39880
provides.	39881

(B) The legislative authority of a city within which are	39882
lands escheated to the state, unless it acts pursuant to division	39883
(C) of this section, shall take possession of the lands for the	39884
city, and the title to the lands shall vest in the city. The city	39885
shall use the premises primarily for health, welfare, or	39886
recreational purposes, or may lease them at such prices and for	39887
such purposes as it considers proper. With the approval of the tax	39888
commissioner, the city may sell the lands or any undivided	39889
interest in the lands, in the same manner as is provided in the	39890
sale of land not needed for any municipal purposes; provided, that	39891
the net proceeds from the rent or sale of the premises shall be	39892
devoted to health, welfare, or recreational purposes.	39893

(C) As an alternative to the procedure prescribed in	39894
divisions (A) and (B) of this section, the county auditor, or if	39895
the real property is located within the incorporated area of a	39896
city, the legislative authority of that city by an affirmative	39897
vote of at least a majority of its members, may request the	39898
probate court to direct the administrator or executor of the	39899
estate that contains the escheated property to commence an action	39900
in the probate court for authority to sell the real property in	39901
the manner provided in Chapter 2127. of the Revised Code. The	39902
proceeds from the sale of real property that is located outside	39903
the incorporated area of a city shall be distributed by the court	39904
in the same manner as the proceeds are distributed under division	39905
(A) of this section. The proceeds from the sale of real property	39906
that is located within the incorporated area of a city shall be	39907
distributed by the court in the same manner as the proceeds are	39908
distributed under division (B) of this section.	39909

Sec. 2151.011. (A) As used in the Revised Code:

39910

(1) "Juvenile court" means whichever of the following is	39911
applicable that has jurisdiction under this chapter and Chapter	39912
2152. of the Revised Code:	39913

(a) The division of the court of common pleas specified in	39914
section 2101.022 or 2301.03 of the Revised Code as having	39915
jurisdiction under this chapter and Chapter 2152. of the Revised	39916
Code or as being the juvenile division or the juvenile division	39917
combined with one or more other divisions;	39918

(b) The juvenile court of Cuyahoga county or Hamilton county	39919
that is separately and independently created by section 2151.08 or	39920
Chapter 2153. of the Revised Code and that has jurisdiction under	39921
this chapter and Chapter 2152. of the Revised Code;	39922

(c) If division (A)(1)(a) or (b) of this section does not	39923
apply, the probate division of the court of common pleas.	39924

(2) "Juvenile judge" means a judge of a court having	39925
jurisdiction under this chapter.	39926

(3) "Private child placing agency" means any association, as	39927
defined in section 5103.02 of the Revised Code, that is certified	39928
under section 5103.03 of the Revised Code to accept temporary,	39929
permanent, or legal custody of children and place the children for	39930
either foster care or adoption.	39931

(4) "Private noncustodial agency" means any person,	39932
organization, association, or society certified by the department	39933
of job and family services that does not accept temporary or	39934
permanent legal custody of children, that is privately operated in	39935
this state, and that does one or more of the following:	39936

(a) Receives and cares for children for two or more	39937
consecutive weeks;	39938

(b) Participates in the placement of children in certified	39939
foster homes;	39940

(c) Provides adoption services in conjunction with a public	39941
children services agency or private child placing agency.	39942

(B) As used in this chapter:

39943

(1) "Adequate parental care" means the provision by a child's	39944
parent or parents, guardian, or custodian of adequate food,	39945
clothing, and shelter to ensure the child's health and physical	39946
safety and the provision by a child's parent or parents of	39947
specialized services warranted by the child's physical or mental	39948
needs.	39949

(2) "Adult" means an individual who is eighteen years of age	39950
or older.	39951

(3) "Agreement for temporary custody" means a voluntary	39952
agreement authorized by section 5103.15 of the Revised Code that	39953
transfers the temporary custody of a child to a public children	39954
services agency or a private child placing agency.	39955

(4) "Alternative response" means the public children services	39956
agency's response to a report of child abuse or neglect that	39957
engages the family in a comprehensive evaluation of child safety,	39958
risk of subsequent harm, and family strengths and needs and that	39959
does not include a determination as to whether child abuse or	39960
neglect occurred.	39961

(5) "Certified foster home" means a foster home, as defined	39962
in section 5103.02 of the Revised Code, certified under section	39963
5103.03 of the Revised Code.	39964

~~(5)~~(6) "Child" means a person who is under eighteen years of	39965
age, except that the juvenile court has jurisdiction over any	39966
person who is adjudicated an unruly child prior to attaining	39967
eighteen years of age until the person attains twenty-one years of	39968
age, and, for purposes of that jurisdiction related to that	39969
adjudication, a person who is so adjudicated an unruly child shall	39970
be deemed a "child" until the person attains twenty-one years of	39971
age.	39972

~~(6)~~(7) "Child day camp," "child care," "child day-care	39973
center," "part-time child day-care center," "type A family	39974
day-care home," "certified type B family day-care home," "type B	39975
home," "administrator of a child day-care center," "administrator	39976
of a type A family day-care home," "in-home aide," and "authorized	39977
provider" have the same meanings as in section 5104.01 of the	39978
Revised Code.	39979

~~(7)~~(8) "Child care provider" means an individual who is a	39980
child-care staff member or administrator of a child day-care	39981
center, a type A family day-care home, or a type B family day-care	39982
home, or an in-home aide or an individual who is licensed, is	39983
regulated, is approved, operates under the direction of, or	39984
otherwise is certified by the department of job and family	39985
services, department of developmental disabilities, or the early	39986
childhood programs of the department of education.	39987

~~(8)~~(9) "Chronic truant" has the same meaning as in section	39988
2152.02 of the Revised Code.	39989

~~(9)~~(10) "Commit" means to vest custody as ordered by the	39990
court.	39991

~~(10)~~(11) "Counseling" includes both of the following:

39992

(a) General counseling services performed by a public	39993
children services agency or shelter for victims of domestic	39994
violence to assist a child, a child's parents, and a child's	39995
siblings in alleviating identified problems that may cause or have	39996
caused the child to be an abused, neglected, or dependent child.	39997

(b) Psychiatric or psychological therapeutic counseling	39998
services provided to correct or alleviate any mental or emotional	39999
illness or disorder and performed by a licensed psychiatrist,	40000
licensed psychologist, or a person licensed under Chapter 4757. of	40001
the Revised Code to engage in social work or professional	40002
counseling.	40003

~~(11)~~(12) "Custodian" means a person who has legal custody of	40004
a child or a public children services agency or private child	40005
placing agency that has permanent, temporary, or legal custody of	40006
a child.	40007

~~(12)~~(13) "Delinquent child" has the same meaning as in	40008
section 2152.02 of the Revised Code.	40009

~~(13)~~(14) "Detention" means the temporary care of children	40010
pending court adjudication or disposition, or execution of a court	40011
order, in a public or private facility designed to physically	40012
restrict the movement and activities of children.	40013

~~(14)~~(15) "Developmental disability" has the same meaning as	40014
in section 5123.01 of the Revised Code.	40015

~~(15)~~(16) "Differential response approach" means an approach	40016
that a public children services agency may use to respond to	40017
accepted reports of child abuse or neglect with either an	40018
alternative response or a traditional response.	40019

(17) "Foster caregiver" has the same meaning as in section	40020
5103.02 of the Revised Code.	40021

~~(16)~~(18) "Guardian" means a person, association, or	40022
corporation that is granted authority by a probate court pursuant	40023
to Chapter 2111. of the Revised Code to exercise parental rights	40024
over a child to the extent provided in the court's order and	40025
subject to the residual parental rights of the child's parents.	40026

~~(17)~~(19) "Habitual truant" means any child of compulsory	40027
school age who is absent without legitimate excuse for absence	40028
from the public school the child is supposed to attend for five or	40029
more consecutive school days, seven or more school days in one	40030
school month, or twelve or more school days in a school year.	40031

~~(18)~~(20) "Juvenile traffic offender" has the same meaning as	40032
in section 2152.02 of the Revised Code.	40033

~~(19)~~(21) "Legal custody" means a legal status that vests in	40034
the custodian the right to have physical care and control of the	40035
child and to determine where and with whom the child shall live,	40036
and the right and duty to protect, train, and discipline the child	40037
and to provide the child with food, shelter, education, and	40038
medical care, all subject to any residual parental rights,	40039
privileges, and responsibilities. An individual granted legal	40040
custody shall exercise the rights and responsibilities personally	40041
unless otherwise authorized by any section of the Revised Code or	40042
by the court.	40043

~~(20)~~(22) A "legitimate excuse for absence from the public	40044
school the child is supposed to attend" includes, but is not	40045
limited to, any of the following:	40046

(a) The fact that the child in question has enrolled in and	40047
is attending another public or nonpublic school in this or another	40048
state;	40049

(b) The fact that the child in question is excused from	40050
attendance at school for any of the reasons specified in section	40051
3321.04 of the Revised Code;	40052

(c) The fact that the child in question has received an age	40053
and schooling certificate in accordance with section 3331.01 of	40054
the Revised Code.	40055

~~(21)~~(23) "Mental illness" and "mentally ill person subject to	40056
hospitalization by court order" have the same meanings as in	40057
section 5122.01 of the Revised Code.	40058

~~(22)~~(24) "Mental injury" means any behavioral, cognitive,	40059
emotional, or mental disorder in a child caused by an act or	40060
omission that is described in section 2919.22 of the Revised Code	40061
and is committed by the parent or other person responsible for the	40062
child's care.	40063

~~(23)~~(25) "Mentally retarded person" has the same meaning as	40064
in section 5123.01 of the Revised Code.	40065

~~(24)~~(26) "Nonsecure care, supervision, or training" means	40066
care, supervision, or training of a child in a facility that does	40067
not confine or prevent movement of the child within the facility	40068
or from the facility.	40069

~~(25)~~(27) "Of compulsory school age" has the same meaning as	40070
in section 3321.01 of the Revised Code.	40071

~~(26)~~(28) "Organization" means any institution, public,	40072
semipublic, or private, and any private association, society, or	40073
agency located or operating in the state, incorporated or	40074
unincorporated, having among its functions the furnishing of	40075
protective services or care for children, or the placement of	40076
children in certified foster homes or elsewhere.	40077

~~(27)~~(29) "Out-of-home care" means detention facilities,	40078
shelter facilities, certified children's crisis care facilities,	40079
certified foster homes, placement in a prospective adoptive home	40080
prior to the issuance of a final decree of adoption,	40081
organizations, certified organizations, child day-care centers,	40082
type A family day-care homes, child care provided by type B family	40083
day-care home providers and by in-home aides, group home	40084
providers, group homes, institutions, state institutions,	40085
residential facilities, residential care facilities, residential	40086
camps, day camps, public schools, chartered nonpublic schools,	40087
educational service centers, hospitals, and medical clinics that	40088
are responsible for the care, physical custody, or control of	40089
children.	40090

~~(28)~~(30) "Out-of-home care child abuse" means any of the	40091
following when committed by a person responsible for the care of a	40092
child in out-of-home care:	40093

(a) Engaging in sexual activity with a child in the person's	40094
care;	40095

(b) Denial to a child, as a means of punishment, of proper or	40096
necessary subsistence, education, medical care, or other care	40097
necessary for a child's health;	40098

(c) Use of restraint procedures on a child that cause injury	40099
or pain;	40100

(d) Administration of prescription drugs or psychotropic	40101
medication to the child without the written approval and ongoing	40102
supervision of a licensed physician;	40103

(e) Commission of any act, other than by accidental means,	40104
that results in any injury to or death of the child in out-of-home	40105
care or commission of any act by accidental means that results in	40106
an injury to or death of a child in out-of-home care and that is	40107
at variance with the history given of the injury or death.	40108

~~(29)~~(31) "Out-of-home care child neglect" means any of the	40109
following when committed by a person responsible for the care of a	40110
child in out-of-home care:	40111

(a) Failure to provide reasonable supervision according to	40112
the standards of care appropriate to the age, mental and physical	40113
condition, or other special needs of the child;	40114

(b) Failure to provide reasonable supervision according to	40115
the standards of care appropriate to the age, mental and physical	40116
condition, or other special needs of the child, that results in	40117
sexual or physical abuse of the child by any person;	40118

40119

(i) Administration of prescription drugs or psychotropic	40120
drugs for the child;	40121

(ii) Assuring that the instructions of the licensed physician	40122
who prescribed a drug for the child are followed;	40123

(iii) Reporting to the licensed physician who prescribed the	40124
drug all unfavorable or dangerous side effects from the use of the	40125
drug.	40126

(d) Failure to provide proper or necessary subsistence,	40127
education, medical care, or other individualized care necessary	40128
for the health or well-being of the child;	40129

(e) Confinement of the child to a locked room without	40130
monitoring by staff;	40131

(f) Failure to provide ongoing security for all prescription	40132
and nonprescription medication;	40133

(g) Isolation of a child for a period of time when there is	40134
substantial risk that the isolation, if continued, will impair or	40135
retard the mental health or physical well-being of the child.	40136

~~(30)~~(32) "Permanent custody" means a legal status that vests	40137
in a public children services agency or a private child placing	40138
agency, all parental rights, duties, and obligations, including	40139
the right to consent to adoption, and divests the natural parents	40140
or adoptive parents of all parental rights, privileges, and	40141
obligations, including all residual rights and obligations.	40142

~~(31)~~(33) "Permanent surrender" means the act of the parents	40143
or, if a child has only one parent, of the parent of a child, by a	40144
voluntary agreement authorized by section 5103.15 of the Revised	40145
Code, to transfer the permanent custody of the child to a public	40146
children services agency or a private child placing agency.	40147

~~(32)~~(34) "Person" means an individual, association,	40148
corporation, or partnership and the state or any of its political	40149
subdivisions, departments, or agencies.	40150

~~(33)~~(35) "Person responsible for a child's care in	40151
out-of-home care" means any of the following:	40152

(a) Any foster caregiver, in-home aide, or provider;

40153

(b) Any administrator, employee, or agent of any of the	40154
following: a public or private detention facility; shelter	40155
facility; certified children's crisis care facility; organization;	40156
certified organization; child day-care center; type A family	40157
day-care home; certified type B family day-care home; group home;	40158
institution; state institution; residential facility; residential	40159
care facility; residential camp; day camp; school district;	40160
community school; chartered nonpublic school; educational service	40161
center; hospital; or medical clinic;	40162

(c) Any person who supervises or coaches children as part of	40163
an extracurricular activity sponsored by a school district, public	40164
school, or chartered nonpublic school;	40165

(d) Any other person who performs a similar function with	40166
respect to, or has a similar relationship to, children.	40167

~~(34)~~(36) "Physically impaired" means having one or more of	40168
the following conditions that substantially limit one or more of	40169
an individual's major life activities, including self-care,	40170
receptive and expressive language, learning, mobility, and	40171
self-direction:	40172

(a) A substantial impairment of vision, speech, or hearing;

40173

(b) A congenital orthopedic impairment;

40174

(c) An orthopedic impairment caused by disease, rheumatic	40175
fever or any other similar chronic or acute health problem, or	40176
amputation or another similar cause.	40177

~~(35)~~(37) "Placement for adoption" means the arrangement by a	40178
public children services agency or a private child placing agency	40179
with a person for the care and adoption by that person of a child	40180
of whom the agency has permanent custody.	40181

~~(36)~~(38) "Placement in foster care" means the arrangement by	40182
a public children services agency or a private child placing	40183
agency for the out-of-home care of a child of whom the agency has	40184
temporary custody or permanent custody.	40185

~~(37)~~(39) "Planned permanent living arrangement" means an	40186
order of a juvenile court pursuant to which both of the following	40187
apply:	40188

(a) The court gives legal custody of a child to a public	40189
children services agency or a private child placing agency without	40190
the termination of parental rights.	40191

(b) The order permits the agency to make an appropriate	40192
placement of the child and to enter into a written agreement with	40193
a foster care provider or with another person or agency with whom	40194
the child is placed.	40195

~~(38)~~(40) "Practice of social work" and "practice of	40196
professional counseling" have the same meanings as in section	40197
4757.01 of the Revised Code.	40198

~~(39)~~(41) "Sanction, service, or condition" means a sanction,	40199
service, or condition created by court order following an	40200
adjudication that a child is an unruly child that is described in	40201
division (A)(4) of section 2152.19 of the Revised Code.	40202

~~(40)~~(42) "Protective supervision" means an order of	40203
disposition pursuant to which the court permits an abused,	40204
neglected, dependent, or unruly child to remain in the custody of	40205
the child's parents, guardian, or custodian and stay in the	40206
child's home, subject to any conditions and limitations upon the	40207
child, the child's parents, guardian, or custodian, or any other	40208
person that the court prescribes, including supervision as	40209
directed by the court for the protection of the child.	40210

~~(41)~~(43) "Psychiatrist" has the same meaning as in section	40211
5122.01 of the Revised Code.	40212

~~(42)~~(44) "Psychologist" has the same meaning as in section	40213
4732.01 of the Revised Code.	40214

~~(43)~~(45) "Residential camp" means a program in which the	40215
care, physical custody, or control of children is accepted	40216
overnight for recreational or recreational and educational	40217
purposes.	40218

~~(44)~~(46) "Residential care facility" means an institution,	40219
residence, or facility that is licensed by the department of	40220
mental health under section 5119.22 of the Revised Code and that	40221
provides care for a child.	40222

~~(45)~~(47) "Residential facility" means a home or facility that	40223
is licensed by the department of developmental disabilities under	40224
section 5123.19 of the Revised Code and in which a child with a	40225
developmental disability resides.	40226

~~(46)~~(48) "Residual parental rights, privileges, and	40227
responsibilities" means those rights, privileges, and	40228
responsibilities remaining with the natural parent after the	40229
transfer of legal custody of the child, including, but not	40230
necessarily limited to, the privilege of reasonable visitation,	40231
consent to adoption, the privilege to determine the child's	40232
religious affiliation, and the responsibility for support.	40233

~~(47)~~(49) "School day" means the school day established by the	40234
state board of education pursuant to section 3313.48 of the	40235
Revised Code.	40236

~~(48)~~(50) "School month" and "school year" have the same	40237
meanings as in section 3313.62 of the Revised Code.	40238

~~(49)~~(51) "Secure correctional facility" means a facility	40239
under the direction of the department of youth services that is	40240
designed to physically restrict the movement and activities of	40241
children and used for the placement of children after adjudication	40242
and disposition.	40243

~~(50)~~(52) "Sexual activity" has the same meaning as in section	40244
2907.01 of the Revised Code.	40245

~~(51)~~(53) "Shelter" means the temporary care of children in	40246
physically unrestricted facilities pending court adjudication or	40247
disposition.	40248

~~(52)~~(54) "Shelter for victims of domestic violence" has the	40249
same meaning as in section 3113.33 of the Revised Code.	40250

~~(53)~~(55) "Temporary custody" means legal custody of a child	40251
who is removed from the child's home, which custody may be	40252
terminated at any time at the discretion of the court or, if the	40253
legal custody is granted in an agreement for temporary custody, by	40254
the person who executed the agreement.	40255

(56) "Traditional response" means a public children services	40256
agency's response to a report of child abuse or neglect that	40257
encourages engagement of the family in a comprehensive evaluation	40258
of the child's current and future safety needs and a fact-finding	40259
process to determine whether child abuse or neglect occurred and	40260
the circumstances surrounding the alleged harm or risk of harm.	40261

(C) For the purposes of this chapter, a child shall be	40262
presumed abandoned when the parents of the child have failed to	40263
visit or maintain contact with the child for more than ninety	40264
days, regardless of whether the parents resume contact with the	40265
child after that period of ninety days.	40266

Sec. 2151.3515. As used in sections 2151.3515 to 2151.3530	40267
of the Revised Code:	40268

(A) "Deserted child" means a child whose parent has	40269
voluntarily delivered the child to an emergency medical service	40270
worker, peace officer, or hospital employee without expressing an	40271
intent to return for the child.	40272

(B) "Emergency medical service organization," "emergency	40273
medical technician-basic," "emergency medical	40274
technician-intermediate," "first responder," and "paramedic" have	40275
the same meanings as in section 4765.01 of the Revised Code.	40276

(C) "Emergency medical service worker" means a first	40277
responder, emergency medical technician-basic, emergency medical	40278
technician-intermediate, or paramedic.	40279

(D) "Hospital" has the same meaning as in section 3727.01 of	40280
the Revised Code.	40281

(E) "Hospital employee" means any of the following persons:

40282

(1) A physician who has been granted privileges to practice	40283
at the hospital;	40284

(2) A nurse, physician assistant, or nursing assistant	40285
employed by the hospital;	40286

(3) An authorized person employed by the hospital who is	40287
acting under the direction of a physician described in division	40288
(E)(1) of this section.	40289

(F) "Law enforcement agency" means an organization or entity	40290
made up of peace officers.	40291

(G) "Nurse" means a person who is licensed under Chapter	40292
4723. of the Revised Code to practice as a registered nurse or	40293
licensed practical nurse.	40294

(H) "Nursing assistant" means a person designated by a	40295
hospital as a nurse aide or nursing assistant whose job is to aid	40296
nurses, physicians, and physician assistants in the performance of	40297
their duties.	40298

(I) "Peace officer" means a sheriff, deputy sheriff,	40299
constable, police officer of a township or joint ~~township~~ police	40300
district, marshal, deputy marshal, municipal police officer, or a	40301
state highway patrol trooper.	40302

(J) "Physician" and "physician assistant" have the same	40303
meanings as in section 4730.01 of the Revised Code.	40304

Sec. 2151.412. (A) Each public children services agency and	40305
private child placing agency shall prepare and maintain a case	40306
plan for any child to whom the agency is providing services and to	40307
whom any of the following applies:	40308

(1) The agency filed a complaint pursuant to section 2151.27	40309
of the Revised Code alleging that the child is an abused,	40310
neglected, or dependent child;	40311

(2) The agency has temporary or permanent custody of the	40312
child;	40313

(3) The child is living at home subject to an order for	40314
protective supervision;	40315

(4) The child is in a planned permanent living arrangement.

40316

Except as provided by division (A)(2) of section 5103.153 of	40317
the Revised Code, a private child placing agency providing	40318
services to a child who is the subject of a voluntary permanent	40319
custody surrender agreement entered into under division (B)(2) of	40320
section 5103.15 of the Revised Code is not required to prepare and	40321
maintain a case plan for that child.	40322

(B) Each public children services agency shall prepare and	40323
maintain a case plan or a family service plan for any child for	40324
whom the agency is providing in-home services pursuant to an	40325
alternative response.	40326

(C)(1) The director of job and family services shall adopt	40327
rules pursuant to Chapter 119. of the Revised Code setting forth	40328
the content and format of case plans required by division (A) of	40329
this section and establishing procedures for developing,	40330
implementing, and changing the case plans. The rules shall at a	40331
minimum comply with the requirements of Title IV-E of the "Social	40332
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.	40333

(2) The director of job and family services shall adopt rules	40334
pursuant to Chapter 119. of the Revised Code requiring public	40335
children services agencies and private child placing agencies to	40336
maintain case plans for children and their families who are	40337
receiving services in their homes from the agencies and for whom	40338
case plans are not required by division (A) of this section. The	40339
rules for public children services agencies shall include the	40340
requirements for case plans or family service plans maintained for	40341
children and their families who are receiving services in their	40342
homes from public children services agencies pursuant to an	40343
alternative response. The agencies shall maintain case plans and	40344
family service plans as required by those rules; however, the case	40345
plans and family service plans shall not be subject to any other	40346
provision of this section except as specifically required by the	40347
rules.	40348

~~(C)~~(D) Each public children services agency and private child	40349
placing agency that is required by division (A) of this section to	40350
maintain a case plan shall file the case plan with the court prior	40351
to the child's adjudicatory hearing but no later than thirty days	40352
after the earlier of the date on which the complaint in the case	40353
was filed or the child was first placed into shelter care. If the	40354
agency does not have sufficient information prior to the	40355
adjudicatory hearing to complete any part of the case plan, the	40356
agency shall specify in the case plan the additional information	40357
necessary to complete each part of the case plan and the steps	40358
that will be taken to obtain that information. All parts of the	40359
case plan shall be completed by the earlier of thirty days after	40360
the adjudicatory hearing or the date of the dispositional hearing	40361
for the child.	40362

~~(D)~~(E) Any agency that is required by division (A) of this	40363
section to prepare a case plan shall attempt to obtain an	40364
agreement among all parties, including, but not limited to, the	40365
parents, guardian, or custodian of the child and the guardian ad	40366
litem of the child regarding the content of the case plan. If all	40367
parties agree to the content of the case plan and the court	40368
approves it, the court shall journalize it as part of its	40369
dispositional order. If the agency cannot obtain an agreement upon	40370
the contents of the case plan or the court does not approve it,	40371
the parties shall present evidence on the contents of the case	40372
plan at the dispositional hearing. The court, based upon the	40373
evidence presented at the dispositional hearing and the best	40374
interest of the child, shall determine the contents of the case	40375
plan and journalize it as part of the dispositional order for the	40376
child.	40377

~~(E)~~(F)(1) All parties, including the parents, guardian, or	40378
custodian of the child, are bound by the terms of the journalized	40379
case plan. A party that fails to comply with the terms of the	40380
journalized case plan may be held in contempt of court.	40381

(2) Any party may propose a change to a substantive part of	40382
the case plan, including, but not limited to, the child's	40383
placement and the visitation rights of any party. A party	40384
proposing a change to the case plan shall file the proposed change	40385
with the court and give notice of the proposed change in writing	40386
before the end of the day after the day of filing it to all	40387
parties and the child's guardian ad litem. All parties and the	40388
guardian ad litem shall have seven days from the date the notice	40389
is sent to object to and request a hearing on the proposed change.	40390

(a) If it receives a timely request for a hearing, the court	40391
shall schedule a hearing pursuant to section 2151.417 of the	40392
Revised Code to be held no later than thirty days after the	40393
request is received by the court. The court shall give notice of	40394
the date, time, and location of the hearing to all parties and the	40395
guardian ad litem. The agency may implement the proposed change	40396
after the hearing, if the court approves it. The agency shall not	40397
implement the proposed change unless it is approved by the court.	40398

(b) If it does not receive a timely request for a hearing,	40399
the court may approve the proposed change without a hearing. If	40400
the court approves the proposed change without a hearing, it shall	40401
journalize the case plan with the change not later than fourteen	40402
days after the change is filed with the court. If the court does	40403
not approve the proposed change to the case plan, it shall	40404
schedule a hearing to be held pursuant to section 2151.417 of the	40405
Revised Code no later than thirty days after the expiration of the	40406
fourteen-day time period and give notice of the date, time, and	40407
location of the hearing to all parties and the guardian ad litem	40408
of the child. If, despite the requirements of division ~~(E)~~(F)(2)	40409
of this section, the court neither approves and journalizes the	40410
proposed change nor conducts a hearing, the agency may implement	40411
the proposed change not earlier than fifteen days after it is	40412
submitted to the court.	40413

(3) If an agency has reasonable cause to believe that a child	40414
is suffering from illness or injury and is not receiving proper	40415
care and that an appropriate change in the child's case plan is	40416
necessary to prevent immediate or threatened physical or emotional	40417
harm, to believe that a child is in immediate danger from the	40418
child's surroundings and that an immediate change in the child's	40419
case plan is necessary to prevent immediate or threatened physical	40420
or emotional harm to the child, or to believe that a parent,	40421
guardian, custodian, or other member of the child's household has	40422
abused or neglected the child and that the child is in danger of	40423
immediate or threatened physical or emotional harm from that	40424
person unless the agency makes an appropriate change in the	40425
child's case plan, it may implement the change without prior	40426
agreement or a court hearing and, before the end of the next day	40427
after the change is made, give all parties, the guardian ad litem	40428
of the child, and the court notice of the change. Before the end	40429
of the third day after implementing the change in the case plan,	40430
the agency shall file a statement of the change with the court and	40431
give notice of the filing accompanied by a copy of the statement	40432
to all parties and the guardian ad litem. All parties and the	40433
guardian ad litem shall have ten days from the date the notice is	40434
sent to object to and request a hearing on the change.	40435

(a) If it receives a timely request for a hearing, the court	40436
shall schedule a hearing pursuant to section 2151.417 of the	40437
Revised Code to be held no later than thirty days after the	40438
request is received by the court. The court shall give notice of	40439
the date, time, and location of the hearing to all parties and the	40440
guardian ad litem. The agency shall continue to administer the	40441
case plan with the change after the hearing, if the court approves	40442
the change. If the court does not approve the change, the court	40443
shall make appropriate changes to the case plan and shall	40444
journalize the case plan.	40445

(b) If it does not receive a timely request for a hearing,	40446
the court may approve the change without a hearing. If the court	40447
approves the change without a hearing, it shall journalize the	40448
case plan with the change within fourteen days after receipt of	40449
the change. If the court does not approve the change to the case	40450
plan, it shall schedule a hearing under section 2151.417 of the	40451
Revised Code to be held no later than thirty days after the	40452
expiration of the fourteen-day time period and give notice of the	40453
date, time, and location of the hearing to all parties and the	40454
guardian ad litem of the child.	40455

~~(F)~~(G)(1) All case plans for children in temporary custody	40456
shall have the following general goals:	40457

(a) Consistent with the best interest and special needs of	40458
the child, to achieve a safe out-of-home placement in the least	40459
restrictive, most family-like setting available and in close	40460
proximity to the home from which the child was removed or the home	40461
in which the child will be permanently placed;	40462

(b) To eliminate with all due speed the need for the	40463
out-of-home placement so that the child can safely return home.	40464

(2) The director of job and family services shall adopt rules	40465
pursuant to Chapter 119. of the Revised Code setting forth the	40466
general goals of case plans for children subject to dispositional	40467
orders for protective supervision, a planned permanent living	40468
arrangement, or permanent custody.	40469

~~(G)~~(H) In the agency's development of a case plan and the	40470
court's review of the case plan, the child's health and safety	40471
shall be the paramount concern. The agency and the court shall be	40472
guided by the following general priorities:	40473

(1) A child who is residing with or can be placed with the	40474
child's parents within a reasonable time should remain in their	40475
legal custody even if an order of protective supervision is	40476
required for a reasonable period of time;	40477

(2) If both parents of the child have abandoned the child,	40478
have relinquished custody of the child, have become incapable of	40479
supporting or caring for the child even with reasonable	40480
assistance, or have a detrimental effect on the health, safety,	40481
and best interest of the child, the child should be placed in the	40482
legal custody of a suitable member of the child's extended family;	40483

(3) If a child described in division ~~(G)~~(H)(2) of this	40484
section has no suitable member of the child's extended family to	40485
accept legal custody, the child should be placed in the legal	40486
custody of a suitable nonrelative who shall be made a party to the	40487
proceedings after being given legal custody of the child;	40488

(4) If the child has no suitable member of the child's	40489
extended family to accept legal custody of the child and no	40490
suitable nonrelative is available to accept legal custody of the	40491
child and, if the child temporarily cannot or should not be placed	40492
with the child's parents, guardian, or custodian, the child should	40493
be placed in the temporary custody of a public children services	40494
agency or a private child placing agency;	40495

(5) If the child cannot be placed with either of the child's	40496
parents within a reasonable period of time or should not be placed	40497
with either, if no suitable member of the child's extended family	40498
or suitable nonrelative is available to accept legal custody of	40499
the child, and if the agency has a reasonable expectation of	40500
placing the child for adoption, the child should be committed to	40501
the permanent custody of the public children services agency or	40502
private child placing agency;	40503

(6) If the child is to be placed for adoption or foster care,	40504
the placement shall not be delayed or denied on the basis of the	40505
child's or adoptive or foster family's race, color, or national	40506
origin.	40507

~~(H)~~(I) The case plan for a child in temporary custody shall	40508
include at a minimum the following requirements if the child is or	40509
has been the victim of abuse or neglect or if the child witnessed	40510
the commission in the child's household of abuse or neglect	40511
against a sibling of the child, a parent of the child, or any	40512
other person in the child's household:	40513

(1) A requirement that the child's parents, guardian, or	40514
custodian participate in mandatory counseling;	40515

(2) A requirement that the child's parents, guardian, or	40516
custodian participate in any supportive services that are required	40517
by or provided pursuant to the child's case plan.	40518

~~(I)~~(J) A case plan may include, as a supplement, a plan for	40519
locating a permanent family placement. The supplement shall not be	40520
considered part of the case plan for purposes of division ~~(D)~~(E)	40521
of this section.	40522

Sec. 2151.421. (A)(1)(a) No person described in division	40523
(A)(1)(b) of this section who is acting in an official or	40524
professional capacity and knows, or has reasonable cause to	40525
suspect based on facts that would cause a reasonable person in a	40526
similar position to suspect, that a child under eighteen years of	40527
age or a mentally retarded, developmentally disabled, or	40528
physically impaired child under twenty-one years of age has	40529
suffered or faces a threat of suffering any physical or mental	40530
wound, injury, disability, or condition of a nature that	40531
reasonably indicates abuse or neglect of the child shall fail to	40532
immediately report that knowledge or reasonable cause to suspect	40533
to the entity or persons specified in this division. Except as	40534
provided in section 5120.173 of the Revised Code, the person	40535
making the report shall make it to the public children services	40536
agency or a municipal or county peace officer in the county in	40537
which the child resides or in which the abuse or neglect is	40538
occurring or has occurred. In the circumstances described in	40539
section 5120.173 of the Revised Code, the person making the report	40540
shall make it to the entity specified in that section.	40541

(b) Division (A)(1)(a) of this section applies to any person	40542
who is an attorney; physician, including a hospital intern or	40543
resident; dentist; podiatrist; practitioner of a limited branch of	40544
medicine as specified in section 4731.15 of the Revised Code;	40545
registered nurse; licensed practical nurse; visiting nurse; other	40546
health care professional; licensed psychologist; licensed school	40547
psychologist; independent marriage and family therapist or	40548
marriage and family therapist; speech pathologist or audiologist;	40549
coroner; administrator or employee of a child day-care center;	40550
administrator or employee of a residential camp or child day camp;	40551
administrator or employee of a certified child care agency or	40552
other public or private children services agency; school teacher;	40553
school employee; school authority; person engaged in social work	40554
or the practice of professional counseling; agent of a county	40555
humane society; person, other than a cleric, rendering spiritual	40556
treatment through prayer in accordance with the tenets of a	40557
well-recognized religion; employee of a county department of job	40558
and family services who is a professional and who works with	40559
children and families; superintendent, board member, or employee	40560
of a county board of developmental disabilities; investigative	40561
agent contracted with by a county board of developmental	40562
disabilities; employee of the department of developmental	40563
disabilities; employee of a facility or home that provides respite	40564
care in accordance with section 5123.171 of the Revised Code;	40565
employee of a home health agency; employee of an entity that	40566
provides homemaker services; a person performing the duties of an	40567
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	40568
or third party employed by a public children services agency to	40569
assist in providing child or family related services.	40570

(2) Except as provided in division (A)(3) of this section, an	40571
attorney or a physician is not required to make a report pursuant	40572
to division (A)(1) of this section concerning any communication	40573
the attorney or physician receives from a client or patient in an	40574
attorney-client or physician-patient relationship, if, in	40575
accordance with division (A) or (B) of section 2317.02 of the	40576
Revised Code, the attorney or physician could not testify with	40577
respect to that communication in a civil or criminal proceeding.	40578

(3) The client or patient in an attorney-client or	40579
physician-patient relationship described in division (A)(2) of	40580
this section is deemed to have waived any testimonial privilege	40581
under division (A) or (B) of section 2317.02 of the Revised Code	40582
with respect to any communication the attorney or physician	40583
receives from the client or patient in that attorney-client or	40584
physician-patient relationship, and the attorney or physician	40585
shall make a report pursuant to division (A)(1) of this section	40586
with respect to that communication, if all of the following apply:	40587

(a) The client or patient, at the time of the communication,	40588
is either a child under eighteen years of age or a mentally	40589
retarded, developmentally disabled, or physically impaired person	40590
under twenty-one years of age.	40591

(b) The attorney or physician knows, or has reasonable cause	40592
to suspect based on facts that would cause a reasonable person in	40593
similar position to suspect, as a result of the communication or	40594
any observations made during that communication, that the client	40595
or patient has suffered or faces a threat of suffering any	40596
physical or mental wound, injury, disability, or condition of a	40597
nature that reasonably indicates abuse or neglect of the client or	40598
patient.	40599

(c) The abuse or neglect does not arise out of the client's	40600
or patient's attempt to have an abortion without the notification	40601
of her parents, guardian, or custodian in accordance with section	40602
2151.85 of the Revised Code.	40603

(4)(a) No cleric and no person, other than a volunteer,	40604
designated by any church, religious society, or faith acting as a	40605
leader, official, or delegate on behalf of the church, religious	40606
society, or faith who is acting in an official or professional	40607
capacity, who knows, or has reasonable cause to believe based on	40608
facts that would cause a reasonable person in a similar position	40609
to believe, that a child under eighteen years of age or a mentally	40610
retarded, developmentally disabled, or physically impaired child	40611
under twenty-one years of age has suffered or faces a threat of	40612
suffering any physical or mental wound, injury, disability, or	40613
condition of a nature that reasonably indicates abuse or neglect	40614
of the child, and who knows, or has reasonable cause to believe	40615
based on facts that would cause a reasonable person in a similar	40616
position to believe, that another cleric or another person, other	40617
than a volunteer, designated by a church, religious society, or	40618
faith acting as a leader, official, or delegate on behalf of the	40619
church, religious society, or faith caused, or poses the threat of	40620
causing, the wound, injury, disability, or condition that	40621
reasonably indicates abuse or neglect shall fail to immediately	40622
report that knowledge or reasonable cause to believe to the entity	40623
or persons specified in this division. Except as provided in	40624
section 5120.173 of the Revised Code, the person making the report	40625
shall make it to the public children services agency or a	40626
municipal or county peace officer in the county in which the child	40627
resides or in which the abuse or neglect is occurring or has	40628
occurred. In the circumstances described in section 5120.173 of	40629
the Revised Code, the person making the report shall make it to	40630
the entity specified in that section.	40631

(b) Except as provided in division (A)(4)(c) of this section,	40632
a cleric is not required to make a report pursuant to division	40633
(A)(4)(a) of this section concerning any communication the cleric	40634
receives from a penitent in a cleric-penitent relationship, if, in	40635
accordance with division (C) of section 2317.02 of the Revised	40636
Code, the cleric could not testify with respect to that	40637
communication in a civil or criminal proceeding.	40638

(c) The penitent in a cleric-penitent relationship described	40639
in division (A)(4)(b) of this section is deemed to have waived any	40640
testimonial privilege under division (C) of section 2317.02 of the	40641
Revised Code with respect to any communication the cleric receives	40642
from the penitent in that cleric-penitent relationship, and the	40643
cleric shall make a report pursuant to division (A)(4)(a) of this	40644
section with respect to that communication, if all of the	40645
following apply:	40646

(i) The penitent, at the time of the communication, is either	40647
a child under eighteen years of age or a mentally retarded,	40648
developmentally disabled, or physically impaired person under	40649
twenty-one years of age.	40650

(ii) The cleric knows, or has reasonable cause to believe	40651
based on facts that would cause a reasonable person in a similar	40652
position to believe, as a result of the communication or any	40653
observations made during that communication, the penitent has	40654
suffered or faces a threat of suffering any physical or mental	40655
wound, injury, disability, or condition of a nature that	40656
reasonably indicates abuse or neglect of the penitent.	40657

(iii) The abuse or neglect does not arise out of the	40658
penitent's attempt to have an abortion performed upon a child	40659
under eighteen years of age or upon a mentally retarded,	40660
developmentally disabled, or physically impaired person under	40661
twenty-one years of age without the notification of her parents,	40662
guardian, or custodian in accordance with section 2151.85 of the	40663
Revised Code.	40664

(d) Divisions (A)(4)(a) and (c) of this section do not apply	40665
in a cleric-penitent relationship when the disclosure of any	40666
communication the cleric receives from the penitent is in	40667
violation of the sacred trust.	40668

(e) As used in divisions (A)(1) and (4) of this section,	40669
"cleric" and "sacred trust" have the same meanings as in section	40670
2317.02 of the Revised Code.	40671

(B) Anyone who knows, or has reasonable cause to suspect	40672
based on facts that would cause a reasonable person in similar	40673
circumstances to suspect, that a child under eighteen years of age	40674
or a mentally retarded, developmentally disabled, or physically	40675
impaired person under twenty-one years of age has suffered or	40676
faces a threat of suffering any physical or mental wound, injury,	40677
disability, or other condition of a nature that reasonably	40678
indicates abuse or neglect of the child may report or cause	40679
reports to be made of that knowledge or reasonable cause to	40680
suspect to the entity or persons specified in this division.	40681
Except as provided in section 5120.173 of the Revised Code, a	40682
person making a report or causing a report to be made under this	40683
division shall make it or cause it to be made to the public	40684
children services agency or to a municipal or county peace	40685
officer. In the circumstances described in section 5120.173 of the	40686
Revised Code, a person making a report or causing a report to be	40687
made under this division shall make it or cause it to be made to	40688
the entity specified in that section.	40689

(C) Any report made pursuant to division (A) or (B) of this	40690
section shall be made forthwith either by telephone or in person	40691
and shall be followed by a written report, if requested by the	40692
receiving agency or officer. The written report shall contain:	40693

(1) The names and addresses of the child and the child's	40694
parents or the person or persons having custody of the child, if	40695
known;	40696

(2) The child's age and the nature and extent of the child's	40697
injuries, abuse, or neglect that is known or reasonably suspected	40698
or believed, as applicable, to have occurred or of the threat of	40699
injury, abuse, or neglect that is known or reasonably suspected or	40700
believed, as applicable, to exist, including any evidence of	40701
previous injuries, abuse, or neglect;	40702

(3) Any other information that might be helpful in	40703
establishing the cause of the injury, abuse, or neglect that is	40704
known or reasonably suspected or believed, as applicable, to have	40705
occurred or of the threat of injury, abuse, or neglect that is	40706
known or reasonably suspected or believed, as applicable, to	40707
exist.	40708

Any person, who is required by division (A) of this section	40709
to report child abuse or child neglect that is known or reasonably	40710
suspected or believed to have occurred, may take or cause to be	40711
taken color photographs of areas of trauma visible on a child and,	40712
if medically indicated, cause to be performed radiological	40713
examinations of the child.	40714

(D) As used in this division, "children's advocacy center"	40715
and "sexual abuse of a child" have the same meanings as in section	40716
2151.425 of the Revised Code.	40717

(1) When a municipal or county peace officer receives a	40718
report concerning the possible abuse or neglect of a child or the	40719
possible threat of abuse or neglect of a child, upon receipt of	40720
the report, the municipal or county peace officer who receives the	40721
report shall refer the report to the appropriate public children	40722
services agency.	40723

(2) When a public children services agency receives a report	40724
pursuant to this division or division (A) or (B) of this section,	40725
upon receipt of the report, the public children services agency	40726
shall do both of the following:	40727

(a) Comply with section 2151.422 of the Revised Code;

40728

(b) If the county served by the agency is also served by a	40729
children's advocacy center and the report alleges sexual abuse of	40730
a child or another type of abuse of a child that is specified in	40731
the memorandum of understanding that creates the center as being	40732
within the center's jurisdiction, comply regarding the report with	40733
the protocol and procedures for referrals and investigations, with	40734
the coordinating activities, and with the authority or	40735
responsibility for performing or providing functions, activities,	40736
and services stipulated in the interagency agreement entered into	40737
under section 2151.428 of the Revised Code relative to that	40738
center.	40739

(E) No township, municipal, or county peace officer shall	40740
remove a child about whom a report is made pursuant to this	40741
section from the child's parents, stepparents, or guardian or any	40742
other persons having custody of the child without consultation	40743
with the public children services agency, unless, in the judgment	40744
of the officer, and, if the report was made by physician, the	40745
physician, immediate removal is considered essential to protect	40746
the child from further abuse or neglect. The agency that must be	40747
consulted shall be the agency conducting the investigation of the	40748
report as determined pursuant to section 2151.422 of the Revised	40749
Code.	40750

(F)(1) Except as provided in section 2151.422 of the Revised	40751
Code or in an interagency agreement entered into under section	40752
2151.428 of the Revised Code that applies to the particular	40753
report, the public children services agency shall investigate,	40754
within twenty-four hours, each report of child abuse or child	40755
neglect that is known or reasonably suspected or believed to have	40756
occurred and of a threat of child abuse or child neglect that is	40757
known or reasonably suspected or believed to exist that is	40758
referred to it under this section to determine the circumstances	40759
surrounding the injuries, abuse, or neglect or the threat of	40760
injury, abuse, or neglect, the cause of the injuries, abuse,	40761
neglect, or threat, and the person or persons responsible. The	40762
investigation shall be made in cooperation with the law	40763
enforcement agency and in accordance with the memorandum of	40764
understanding prepared under division (J) of this section. A	40765
representative of the public children services agency shall, at	40766
the time of initial contact with the person subject to the	40767
investigation, inform the person of the specific complaints or	40768
allegations made against the person. The information shall be	40769
given in a manner that is consistent with division (H)(1) of this	40770
section and protects the rights of the person making the report	40771
under this section.	40772

A failure to make the investigation in accordance with the	40773
memorandum is not grounds for, and shall not result in, the	40774
dismissal of any charges or complaint arising from the report or	40775
the suppression of any evidence obtained as a result of the report	40776
and does not give, and shall not be construed as giving, any	40777
rights or any grounds for appeal or post-conviction relief to any	40778
person. The public children services agency shall report each case	40779
to the uniform statewide automated child welfare information	40780
system that the department of job and family services shall	40781
maintain in accordance with section 5101.13 of the Revised Code.	40782
The public children services agency shall submit a report of its	40783
investigation, in writing, to the law enforcement agency.	40784

(2) The public children services agency shall make any	40785
recommendations to the county prosecuting attorney or city	40786
director of law that it considers necessary to protect any	40787
children that are brought to its attention.	40788

(G)(1)(a) Except as provided in division (H)(3) of this	40789
section, anyone or any hospital, institution, school, health	40790
department, or agency participating in the making of reports under	40791
division (A) of this section, anyone or any hospital, institution,	40792
school, health department, or agency participating in good faith	40793
in the making of reports under division (B) of this section, and	40794
anyone participating in good faith in a judicial proceeding	40795
resulting from the reports, shall be immune from any civil or	40796
criminal liability for injury, death, or loss to person or	40797
property that otherwise might be incurred or imposed as a result	40798
of the making of the reports or the participation in the judicial	40799
proceeding.	40800

(b) Notwithstanding section 4731.22 of the Revised Code, the	40801
physician-patient privilege shall not be a ground for excluding	40802
evidence regarding a child's injuries, abuse, or neglect, or the	40803
cause of the injuries, abuse, or neglect in any judicial	40804
proceeding resulting from a report submitted pursuant to this	40805
section.	40806

(2) In any civil or criminal action or proceeding in which it	40807
is alleged and proved that participation in the making of a report	40808
under this section was not in good faith or participation in a	40809
judicial proceeding resulting from a report made under this	40810
section was not in good faith, the court shall award the	40811
prevailing party reasonable attorney's fees and costs and, if a	40812
civil action or proceeding is voluntarily dismissed, may award	40813
reasonable attorney's fees and costs to the party against whom the	40814
civil action or proceeding is brought.	40815

(H)(1) Except as provided in divisions (H)(4) and (N) of this	40816
section, a report made under this section is confidential. The	40817
information provided in a report made pursuant to this section and	40818
the name of the person who made the report shall not be released	40819
for use, and shall not be used, as evidence in any civil action or	40820
proceeding brought against the person who made the report. Nothing	40821
in this division shall preclude the use of reports of other	40822
incidents of known or suspected abuse or neglect in a civil action	40823
or proceeding brought pursuant to division (M) of this section	40824
against a person who is alleged to have violated division (A)(1)	40825
of this section, provided that any information in a report that	40826
would identify the child who is the subject of the report or the	40827
maker of the report, if the maker of the report is not the	40828
defendant or an agent or employee of the defendant, has been	40829
redacted. In a criminal proceeding, the report is admissible in	40830
evidence in accordance with the Rules of Evidence and is subject	40831
to discovery in accordance with the Rules of Criminal Procedure.	40832

(2) No person shall permit or encourage the unauthorized	40833
dissemination of the contents of any report made under this	40834
section.	40835

(3) A person who knowingly makes or causes another person to	40836
make a false report under division (B) of this section that	40837
alleges that any person has committed an act or omission that	40838
resulted in a child being an abused child or a neglected child is	40839
guilty of a violation of section 2921.14 of the Revised Code.	40840

(4) If a report is made pursuant to division (A) or (B) of	40841
this section and the child who is the subject of the report dies	40842
for any reason at any time after the report is made, but before	40843
the child attains eighteen years of age, the public children	40844
services agency or municipal or county peace officer to which the	40845
report was made or referred, on the request of the child fatality	40846
review board, shall submit a summary sheet of information	40847
providing a summary of the report to the review board of the	40848
county in which the deceased child resided at the time of death.	40849
On the request of the review board, the agency or peace officer	40850
may, at its discretion, make the report available to the review	40851
board. If the county served by the public children services agency	40852
is also served by a children's advocacy center and the report of	40853
alleged sexual abuse of a child or another type of abuse of a	40854
child is specified in the memorandum of understanding that creates	40855
the center as being within the center's jurisdiction, the agency	40856
or center shall perform the duties and functions specified in this	40857
division in accordance with the interagency agreement entered into	40858
under section 2151.428 of the Revised Code relative to that	40859
advocacy center.	40860

(5) A public children services agency shall advise a person	40861
alleged to have inflicted abuse or neglect on a child who is the	40862
subject of a report made pursuant to this section, including a	40863
report alleging sexual abuse of a child or another type of abuse	40864
of a child referred to a children's advocacy center pursuant to an	40865
interagency agreement entered into under section 2151.428 of the	40866
Revised Code, in writing of the disposition of the investigation.	40867
The agency shall not provide to the person any information that	40868
identifies the person who made the report, statements of	40869
witnesses, or police or other investigative reports.	40870

(I) Any report that is required by this section, other than a	40871
report that is made to the state highway patrol as described in	40872
section 5120.173 of the Revised Code, shall result in protective	40873
services and emergency supportive services being made available by	40874
the public children services agency on behalf of the children	40875
about whom the report is made, in an effort to prevent further	40876
neglect or abuse, to enhance their welfare, and, whenever	40877
possible, to preserve the family unit intact. The agency required	40878
to provide the services shall be the agency conducting the	40879
investigation of the report pursuant to section 2151.422 of the	40880
Revised Code.	40881

(J)(1) Each public children services agency shall prepare a	40882
memorandum of understanding that is signed by all of the	40883
following:	40884

(a) If there is only one juvenile judge in the county, the	40885
juvenile judge of the county or the juvenile judge's	40886
representative;	40887

(b) If there is more than one juvenile judge in the county, a	40888
juvenile judge or the juvenile judges' representative selected by	40889
the juvenile judges or, if they are unable to do so for any	40890
reason, the juvenile judge who is senior in point of service or	40891
the senior juvenile judge's representative;	40892

40893

(d) All chief municipal peace officers within the county;

40894

(e) Other law enforcement officers handling child abuse and	40895
neglect cases in the county;	40896

(f) The prosecuting attorney of the county;

40897

(g) If the public children services agency is not the county	40898
department of job and family services, the county department of	40899
job and family services;	40900

(h) The county humane society;

40901

(i) If the public children services agency participated in	40902
the execution of a memorandum of understanding under section	40903
2151.426 of the Revised Code establishing a children's advocacy	40904
center, each participating member of the children's advocacy	40905
center established by the memorandum.	40906

(2) A memorandum of understanding shall set forth the normal	40907
operating procedure to be employed by all concerned officials in	40908
the execution of their respective responsibilities under this	40909
section and division (C) of section 2919.21, division (B)(1) of	40910
section 2919.22, division (B) of section 2919.23, and section	40911
2919.24 of the Revised Code and shall have as two of its primary	40912
goals the elimination of all unnecessary interviews of children	40913
who are the subject of reports made pursuant to division (A) or	40914
(B) of this section and, when feasible, providing for only one	40915
interview of a child who is the subject of any report made	40916
pursuant to division (A) or (B) of this section. A failure to	40917
follow the procedure set forth in the memorandum by the concerned	40918
officials is not grounds for, and shall not result in, the	40919
dismissal of any charges or complaint arising from any reported	40920
case of abuse or neglect or the suppression of any evidence	40921
obtained as a result of any reported child abuse or child neglect	40922
and does not give, and shall not be construed as giving, any	40923
rights or any grounds for appeal or post-conviction relief to any	40924
person.	40925

(3) A memorandum of understanding shall include all of the	40926
following:	40927

(a) The roles and responsibilities for handling emergency and	40928
nonemergency cases of abuse and neglect;	40929

(b) Standards and procedures to be used in handling and	40930
coordinating investigations of reported cases of child abuse and	40931
reported cases of child neglect, methods to be used in	40932
interviewing the child who is the subject of the report and who	40933
allegedly was abused or neglected, and standards and procedures	40934
addressing the categories of persons who may interview the child	40935
who is the subject of the report and who allegedly was abused or	40936
neglected.	40937

(4) If a public children services agency participated in the	40938
execution of a memorandum of understanding under section 2151.426	40939
of the Revised Code establishing a children's advocacy center, the	40940
agency shall incorporate the contents of that memorandum in the	40941
memorandum prepared pursuant to this section.	40942

(5) The clerk of the court of common pleas in the county may	40943
sign the memorandum of understanding prepared under division	40944
(J)(1) of this section. If the clerk signs the memorandum of	40945
understanding, the clerk shall execute all relevant	40946
responsibilities as required of officials specified in the	40947
memorandum.	40948

(K)(1) Except as provided in division (K)(4) of this section,	40949
a person who is required to make a report pursuant to division (A)	40950
of this section may make a reasonable number of requests of the	40951
public children services agency that receives or is referred the	40952
report, or of the children's advocacy center that is referred the	40953
report if the report is referred to a children's advocacy center	40954
pursuant to an interagency agreement entered into under section	40955
2151.428 of the Revised Code, to be provided with the following	40956
information:	40957

(a) Whether the agency or center has initiated an	40958
investigation of the report;	40959

(b) Whether the agency or center is continuing to investigate	40960
the report;	40961

(c) Whether the agency or center is otherwise involved with	40962
the child who is the subject of the report;	40963

(d) The general status of the health and safety of the child	40964
who is the subject of the report;	40965

(e) Whether the report has resulted in the filing of a	40966
complaint in juvenile court or of criminal charges in another	40967
court.	40968

(2) A person may request the information specified in	40969
division (K)(1) of this section only if, at the time the report is	40970
made, the person's name, address, and telephone number are	40971
provided to the person who receives the report.	40972

When a municipal or county peace officer or employee of a	40973
public children services agency receives a report pursuant to	40974
division (A) or (B) of this section the recipient of the report	40975
shall inform the person of the right to request the information	40976
described in division (K)(1) of this section. The recipient of the	40977
report shall include in the initial child abuse or child neglect	40978
report that the person making the report was so informed and, if	40979
provided at the time of the making of the report, shall include	40980
the person's name, address, and telephone number in the report.	40981

Each request is subject to verification of the identity of	40982
the person making the report. If that person's identity is	40983
verified, the agency shall provide the person with the information	40984
described in division (K)(1) of this section a reasonable number	40985
of times, except that the agency shall not disclose any	40986
confidential information regarding the child who is the subject of	40987
the report other than the information described in those	40988
divisions.	40989

(3) A request made pursuant to division (K)(1) of this	40990
section is not a substitute for any report required to be made	40991
pursuant to division (A) of this section.	40992

(4) If an agency other than the agency that received or was	40993
referred the report is conducting the investigation of the report	40994
pursuant to section 2151.422 of the Revised Code, the agency	40995
conducting the investigation shall comply with the requirements of	40996
division (K) of this section.	40997

(L) The director of job and family services shall adopt rules	40998
in accordance with Chapter 119. of the Revised Code to implement	40999
this section. The department of job and family services may enter	41000
into a plan of cooperation with any other governmental entity to	41001
aid in ensuring that children are protected from abuse and	41002
neglect. The department shall make recommendations to the attorney	41003
general that the department determines are necessary to protect	41004
children from child abuse and child neglect.	41005

(M) Whoever violates division (A) of this section is liable	41006
for compensatory and exemplary damages to the child who would have	41007
been the subject of the report that was not made. A person who	41008
brings a civil action or proceeding pursuant to this division	41009
against a person who is alleged to have violated division (A)(1)	41010
of this section may use in the action or proceeding reports of	41011
other incidents of known or suspected abuse or neglect, provided	41012
that any information in a report that would identify the child who	41013
is the subject of the report or the maker of the report, if the	41014
maker is not the defendant or an agent or employee of the	41015
defendant, has been redacted.	41016

(N)(1) As used in this division:

41017

(a) "Out-of-home care" includes a nonchartered nonpublic	41018
school if the alleged child abuse or child neglect, or alleged	41019
threat of child abuse or child neglect, described in a report	41020
received by a public children services agency allegedly occurred	41021
in or involved the nonchartered nonpublic school and the alleged	41022
perpetrator named in the report holds a certificate, permit, or	41023
license issued by the state board of education under section	41024
3301.071 or Chapter 3319. of the Revised Code.	41025

(b) "Administrator, director, or other chief administrative	41026
officer" means the superintendent of the school district if the	41027
out-of-home care entity subject to a report made pursuant to this	41028
section is a school operated by the district.	41029

(2) No later than the end of the day following the day on	41030
which a public children services agency receives a report of	41031
alleged child abuse or child neglect, or a report of an alleged	41032
threat of child abuse or child neglect, that allegedly occurred in	41033
or involved an out-of-home care entity, the agency shall provide	41034
written notice of the allegations contained in and the person	41035
named as the alleged perpetrator in the report to the	41036
administrator, director, or other chief administrative officer of	41037
the out-of-home care entity that is the subject of the report	41038
unless the administrator, director, or other chief administrative	41039
officer is named as an alleged perpetrator in the report. If the	41040
administrator, director, or other chief administrative officer of	41041
an out-of-home care entity is named as an alleged perpetrator in a	41042
report of alleged child abuse or child neglect, or a report of an	41043
alleged threat of child abuse or child neglect, that allegedly	41044
occurred in or involved the out-of-home care entity, the agency	41045
shall provide the written notice to the owner or governing board	41046
of the out-of-home care entity that is the subject of the report.	41047
The agency shall not provide witness statements or police or other	41048
investigative reports.	41049

(3) No later than three days after the day on which a public	41050
children services agency that conducted the investigation as	41051
determined pursuant to section 2151.422 of the Revised Code makes	41052
a disposition of an investigation involving a report of alleged	41053
child abuse or child neglect, or a report of an alleged threat of	41054
child abuse or child neglect, that allegedly occurred in or	41055
involved an out-of-home care entity, the agency shall send written	41056
notice of the disposition of the investigation to the	41057
administrator, director, or other chief administrative officer and	41058
the owner or governing board of the out-of-home care entity. The	41059
agency shall not provide witness statements or police or other	41060
investigative reports.	41061

(O) As used in this section, "investigation" means the public	41062
children services agency's response to an accepted report of child	41063
abuse or neglect through either an alternative response or a	41064
traditional response.	41065

Sec. 2151.424. (A) If a child has been placed in a certified	41066
foster home or is in the custody of a relative of the child, other	41067
than a parent of the child, a court, prior to conducting any	41068
hearing pursuant to division ~~(E)~~(F)(2) or (3) of section 2151.412	41069
or section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415,	41070
2151.416, or 2151.417 of the Revised Code with respect to the	41071
child, shall notify the foster caregiver or relative of the date,	41072
time, and place of the hearing. At the hearing, the foster	41073
caregiver or relative shall have the right to present evidence.	41074

(B) If a public children services agency or private child	41075
placing agency has permanent custody of a child and a petition to	41076
adopt the child has been filed under Chapter 3107. of the Revised	41077
Code, the agency, prior to conducting a review under section	41078
2151.416 of the Revised Code, or a court, prior to conducting a	41079
hearing under division ~~(E)~~(F)(2) or (3) of section 2151.412 or	41080
section 2151.416 or 2151.417 of the Revised Code, shall notify the	41081
prospective adoptive parent of the date, time, and place of the	41082
review or hearing. At the review or hearing, the prospective	41083
adoptive parent shall have the right to present evidence.	41084

(C) The notice and the opportunity to present evidence do not	41085
make the foster caregiver, relative, or prospective adoptive	41086
parent a party in the action or proceeding pursuant to which the	41087
review or hearing is conducted.	41088

Sec. 2151.429. (A) The differential response approach, as	41089
defined in section 2151.011 of the Revised Code, pursued by a	41090
public children services agency shall include two response	41091
pathways, the traditional response pathway and the alternative	41092
response pathway. The director of job and family services shall	41093
adopt rules pursuant to Chapter 119. of the Revised Code setting	41094
forth the procedures and criteria for public children services	41095
agencies to assign and reassign response pathways.	41096

(B) The agency shall use the traditional response for the	41097
following types of accepted reports:	41098

(1) Physical abuse resulting in serious injury or that	41099
creates a serious and immediate risk to a child's health and	41100
safety.	41101

(2) Sexual abuse.

41102

(3) Child fatality.

41103

(4) Reports requiring a specialized assessment as identified	41104
by rule adopted by the department.	41105

(5) Reports requiring a third party investigative procedure	41106
as identified by rule adopted by the department.	41107

(C) For all other child abuse and neglect reports, an	41108
alternative response shall be the preferred response, whenever	41109
appropriate and in accordance with rules adopted by the	41110
department.	41111

Sec. 2151.541. (A)(1) The juvenile judge may determine that,	41112
for the efficient operation of the juvenile court, additional	41113
funds are required to computerize the court, to make available	41114
computerized legal research services, or both. Upon making a	41115
determination that additional funds are required for either or	41116
both of those purposes, the judge shall do one of the following:	41117

(a) If hethe judge is clerk of the court, charge one	41118
additional fee not to exceed three dollars on the filing of each	41119
cause of action or appeal under division (A), (Q), or (U) of	41120
section 2303.20 of the Revised Code;	41121

(b) If the clerk of the court of common pleas serves as the	41122
clerk of the juvenile court pursuant to section 2151.12 of the	41123
Revised Code, authorize and direct the clerk to charge one	41124
additional fee not to exceed three dollars on the filing of each	41125
cause of action or appeal under division (A), (Q), or (U) of	41126
section 2303.20 of the Revised Code.	41127

(2) All moneys collected under division (A)(1) of this	41128
section shall be paid to the county treasurer. The treasurer shall	41129
place the moneys from the fees in a separate fund to be disbursed,	41130
upon an order of the juvenile judge, subject to an appropriation	41131
by the board of county commissioners, in an amount no greater than	41132
the actual cost to the court of procuring and maintaining	41133
computerization of the court, computerized legal research	41134
services, or both.	41135

(3) If the court determines that the funds in the fund	41136
described in division (A)(2) of this section are more than	41137
sufficient to satisfy the purpose for which the additional fee	41138
described in division (A)(1) of this section was imposed, the	41139
court may declare a surplus in the fund and, subject to an	41140
appropriation by the board of county commissioners, expend those	41141
surplus funds for other appropriate technological expenses of the	41142
court.	41143

(B)(1) If the juvenile judge is the clerk of the juvenile	41144
court, hethe judge may determine that, for the efficient	41145
operation of ~~his~~the juvenile court, additional funds are required	41146
to computerize the clerk's office and, upon that determination,	41147
may charge an additional fee, not to exceed ten dollars, on the	41148
filing of each cause of action or appeal, on the filing,	41149
docketing, and endorsing of each certificate of judgment, or on	41150
the docketing and indexing of each aid in execution or petition to	41151
vacate, revive, or modify a judgment under divisions (A), (P),	41152
(Q), (T), and (U) of section 2303.20 of the Revised Code. Subject	41153
to division (B)(2) of this section, all moneys collected under	41154
this division shall be paid to the county treasurer to be	41155
disbursed, upon an order of the juvenile judge and subject to	41156
appropriation by the board of county commissioners, in an amount	41157
no greater than the actual cost to the juvenile court of procuring	41158
and maintaining computer systems for the clerk's office.	41159

(2) If the juvenile judge makes the determination described	41160
in division (B)(1) of this section, the board of county	41161
commissioners may issue one or more general obligation bonds for	41162
the purpose of procuring and maintaining the computer systems for	41163
the office of the clerk of the juvenile court. In addition to the	41164
purposes stated in division (B)(1) of this section for which the	41165
moneys collected under that division may be expended, the moneys	41166
additionally may be expended to pay debt charges on and financing	41167
costs related to any general obligation bonds issued pursuant to	41168
this division as they become due. General obligation bonds issued	41169
pursuant to this division are Chapter 133. securities.	41170

Sec. 2152.72. (A) This section applies only to a child who	41171
is or previously has been adjudicated a delinquent child for an	41172
act to which any of the following applies:	41173

(1) The act is a violation of section 2903.01, 2903.02,	41174
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or	41175
2907.05 of the Revised Code.	41176

(2) The act is a violation of section 2923.01 of the Revised	41177
Code and involved an attempt to commit aggravated murder or	41178
murder.	41179

(3) The act would be a felony if committed by an adult, and	41180
the court determined that the child, if an adult, would be guilty	41181
of a specification found in section 2941.141, 2941.144, or	41182
2941.145 of the Revised Code or in another section of the Revised	41183
Code that relates to the possession or use of a firearm during the	41184
commission of the act for which the child was adjudicated a	41185
delinquent child.	41186

(4) The act would be an offense of violence that is a felony	41187
if committed by an adult, and the court determined that the child,	41188
if an adult, would be guilty of a specification found in section	41189
2941.1411 of the Revised Code or in another section of the Revised	41190
Code that relates to the wearing or carrying of body armor during	41191
the commission of the act for which the child was adjudicated a	41192
delinquent child.	41193

(B)(1) Except as provided in division (E) of this section, a	41194
public children services agency, private child placing agency,	41195
private noncustodial agency, or court, the department of youth	41196
services, or another private or government entity shall not place	41197
a child in a certified foster home or for adoption until it	41198
provides the foster caregivers or prospective adoptive parents	41199
with all of the following:	41200

(a) A written report describing the child's social history;

41201

(b) A written report describing all the acts committed by the	41202
child the entity knows of that resulted in the child being	41203
adjudicated a delinquent child and the disposition made by the	41204
court, unless the records pertaining to the acts have been sealed	41205
pursuant to section 2151.356 of the Revised Code;	41206

(c) A written report describing any other violent act	41207
committed by the child of which the entity is aware;	41208

(d) The substantial and material conclusions and	41209
recommendations of any psychiatric or psychological examination	41210
conducted on the child or, if no psychological or psychiatric	41211
examination of the child is available, the substantial and	41212
material conclusions and recommendations of an examination to	41213
detect mental and emotional disorders conducted in compliance with	41214
the requirements of Chapter 4757. of the Revised Code by an	41215
independent social worker, social worker, professional clinical	41216
counselor, or professional counselor licensed under that chapter.	41217
The entity shall not provide any part of a psychological,	41218
psychiatric, or mental and emotional disorder examination to the	41219
foster caregivers or prospective adoptive parents other than the	41220
substantial and material conclusions.	41221

(2) Notwithstanding sections 2151.356 to 2151.358 of the	41222
Revised Code, if records of an adjudication that a child is a	41223
delinquent child have been sealed pursuant to those sections and	41224
an entity knows the records have been sealed, the entity shall	41225
provide the foster caregivers or prospective adoptive parents a	41226
written statement that the records of a prior adjudication have	41227
been sealed.	41228

(C)(1) The entity that places the child in a certified foster	41229
home or for adoption shall conduct a psychological examination of	41230
the child unless either of the following applies:	41231

(a) An entity is not required to conduct the examination if	41232
an examination was conducted no more than one year prior to the	41233
child's placement, and division (C)(1)(b) of this section does not	41234
apply.	41235

(b) An entity is not required to conduct the examination if a	41236
foster caregiver seeks to adopt the foster caregiver's foster	41237
child, and an examination was conducted no more than two years	41238
prior to the date the foster caregiver seeks to adopt the child.	41239

(2) No later than sixty days after placing the child, the	41240
entity shall provide the foster caregiver or prospective adoptive	41241
parents a written report detailing the substantial and material	41242
conclusions and recommendations of the examination conducted	41243
pursuant to this division.	41244

(D)(1) Except as provided in divisions (D)(2) and (3) of this	41245
section, the expenses of conducting the examinations and preparing	41246
the reports and assessment required by division (B) or (C) of this	41247
section shall be paid by the entity that places the child in the	41248
certified foster home or for adoption.	41249

(2) When a juvenile court grants temporary or permanent	41250
custody of a child pursuant to any section of the Revised Code,	41251
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the	41252
Revised Code, to a public children services agency or private	41253
child placing agency, the court shall provide the agency the	41254
information described in division (B) of this section, pay the	41255
expenses of preparing that information, and, if a new examination	41256
is required to be conducted, pay the expenses of conducting the	41257
examination described in division (C) of this section. On receipt	41258
of the information described in division (B) of this section, the	41259
agency shall provide to the court written acknowledgment that the	41260
agency received the information. The court shall keep the	41261
acknowledgment and provide a copy to the agency. On the motion of	41262
the agency, the court may terminate the order granting temporary	41263
or permanent custody of the child to that agency, if the court	41264
does not provide the information described in division (B) of this	41265
section.	41266

(3) If one of the following entities is placing a child in a	41267
certified foster home or for adoption with the assistance of or by	41268
contracting with a public children services agency, private child	41269
placing agency, or a private noncustodial agency, the entity shall	41270
provide the agency with the information described in division (B)	41271
of this section, pay the expenses of preparing that information,	41272
and, if a new examination is required to be conducted, pay the	41273
expenses of conducting the examination described in division (C)	41274
of this section:	41275

(a) The department of youth services if the placement is	41276
pursuant to any section of the Revised Code including section	41277
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised	41278
Code;	41279

(b) A juvenile court with temporary or permanent custody of a	41280
child pursuant to section 2151.354 or 2152.19 of the Revised Code;	41281

(c) A public children services agency or private child	41282
placing agency with temporary or permanent custody of the child.	41283

The agency receiving the information described in division	41284
(B) of this section shall provide the entity described in division	41285
(D)(3)(a) to (c) of this section that sent the information written	41286
acknowledgment that the agency received the information and	41287
provided it to the foster caregivers or prospective adoptive	41288
parents. The entity shall keep the acknowledgment and provide a	41289
copy to the agency. An entity that places a child in a certified	41290
foster home or for adoption with the assistance of or by	41291
contracting with an agency remains responsible to provide the	41292
information described in division (B) of this section to the	41293
foster caregivers or prospective adoptive parents unless the	41294
entity receives written acknowledgment that the agency provided	41295
the information.	41296

(E) If a child is placed in a certified foster home as a	41297
result of an emergency removal of the child from home pursuant to	41298
division (D) of section 2151.31 of the Revised Code, an emergency	41299
change in the child's case plan pursuant to division ~~(E)~~(F)(3) of	41300
section 2151.412 of the Revised Code, or an emergency placement by	41301
the department of youth services pursuant to this chapter or	41302
Chapter 5139. of the Revised Code, the entity that places the	41303
child in the certified foster home shall provide the information	41304
described in division (B) of this section no later than ninety-six	41305
hours after the child is placed in the certified foster home.	41306

(F) On receipt of the information described in divisions (B)	41307
and (C) of this section, the foster caregiver or prospective	41308
adoptive parents shall provide to the entity that places the child	41309
in the foster caregiver's or prospective adoptive parents' home a	41310
written acknowledgment that the foster caregiver or prospective	41311
adoptive parents received the information. The entity shall keep	41312
the acknowledgment and provide a copy to the foster caregiver or	41313
prospective adoptive parents.	41314

(G) No person employed by an entity subject to this section	41315
and made responsible by that entity for the child's placement in a	41316
certified foster home or for adoption shall fail to provide the	41317
foster caregivers or prospective adoptive parents with the	41318
information required by divisions (B) and (C) of this section.	41319

(H) It is not a violation of any duty of confidentiality	41320
provided for in the Revised Code or a code of professional	41321
responsibility for a person or government entity to provide the	41322
substantial and material conclusions and recommendations of a	41323
psychiatric or psychological examination, or an examination to	41324
detect mental and emotional disorders, in accordance with division	41325
(B)(1)(d) or (C) of this section.	41326

(I) As used in this section:

41327

(1) "Body armor" has the same meaning as in section 2941.1411	41328
of the Revised Code.	41329

(2) "Firearm" has the same meaning as in section 2923.11 of	41330
the Revised Code.	41331

Sec. 2301.03. (A) In Franklin county, the judges of the	41332
court of common pleas whose terms begin on January 1, 1953,	41333
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	41334
1997, and successors, shall have the same qualifications, exercise	41335
the same powers and jurisdiction, and receive the same	41336
compensation as other judges of the court of common pleas of	41337
Franklin county and shall be elected and designated as judges of	41338
the court of common pleas, division of domestic relations. They	41339
shall have all the powers relating to juvenile courts, and all	41340
cases under Chapters 2151. and 2152. of the Revised Code, all	41341
parentage proceedings under Chapter 3111. of the Revised Code over	41342
which the juvenile court has jurisdiction, and all divorce,	41343
dissolution of marriage, legal separation, and annulment cases	41344
shall be assigned to them. In addition to the judge's regular	41345
duties, the judge who is senior in point of service shall serve on	41346
the children services board and the county advisory board and	41347
shall be the administrator of the domestic relations division and	41348
its subdivisions and departments.	41349

(B) In Hamilton county:

41350

(1) The judge of the court of common pleas, whose term begins	41351
on January 1, 1957, and successors, and the judge of the court of	41352
common pleas, whose term begins on February 14, 1967, and	41353
successors, shall be the juvenile judges as provided in Chapters	41354
2151. and 2152. of the Revised Code, with the powers and	41355
jurisdiction conferred by those chapters.	41356

(2) The judges of the court of common pleas whose terms begin	41357
on January 5, 1957, January 16, 1981, and July 1, 1991, and	41358
successors, shall be elected and designated as judges of the court	41359
of common pleas, division of domestic relations, and shall have	41360
assigned to them all divorce, dissolution of marriage, legal	41361
separation, and annulment cases coming before the court. On or	41362
after the first day of July and before the first day of August of	41363
1991 and each year thereafter, a majority of the judges of the	41364
division of domestic relations shall elect one of the judges of	41365
the division as administrative judge of that division. If a	41366
majority of the judges of the division of domestic relations are	41367
unable for any reason to elect an administrative judge for the	41368
division before the first day of August, a majority of the judges	41369
of the Hamilton county court of common pleas, as soon as possible	41370
after that date, shall elect one of the judges of the division of	41371
domestic relations as administrative judge of that division. The	41372
term of the administrative judge shall begin on the earlier of the	41373
first day of August of the year in which the administrative judge	41374
is elected or the date on which the administrative judge is	41375
elected by a majority of the judges of the Hamilton county court	41376
of common pleas and shall terminate on the date on which the	41377
administrative judge's successor is elected in the following year.	41378

In addition to the judge's regular duties, the administrative	41379
judge of the division of domestic relations shall be the	41380
administrator of the domestic relations division and its	41381
subdivisions and departments and shall have charge of the	41382
employment, assignment, and supervision of the personnel of the	41383
division engaged in handling, servicing, or investigating divorce,	41384
dissolution of marriage, legal separation, and annulment cases,	41385
including any referees considered necessary by the judges in the	41386
discharge of their various duties.	41387

The administrative judge of the division of domestic	41388
relations also shall designate the title, compensation, expense	41389
allowances, hours, leaves of absence, and vacations of the	41390
personnel of the division, and shall fix the duties of its	41391
personnel. The duties of the personnel, in addition to those	41392
provided for in other sections of the Revised Code, shall include	41393
the handling, servicing, and investigation of divorce, dissolution	41394
of marriage, legal separation, and annulment cases and counseling	41395
and conciliation services that may be made available to persons	41396
requesting them, whether or not the persons are parties to an	41397
action pending in the division.	41398

The board of county commissioners shall appropriate the sum	41399
of money each year as will meet all the administrative expenses of	41400
the division of domestic relations, including reasonable expenses	41401
of the domestic relations judges and the division counselors and	41402
other employees designated to conduct the handling, servicing, and	41403
investigation of divorce, dissolution of marriage, legal	41404
separation, and annulment cases, conciliation and counseling, and	41405
all matters relating to those cases and counseling, and the	41406
expenses involved in the attendance of division personnel at	41407
domestic relations and welfare conferences designated by the	41408
division, and the further sum each year as will provide for the	41409
adequate operation of the division of domestic relations.	41410

The compensation and expenses of all employees and the salary	41411
and expenses of the judges shall be paid by the county treasurer	41412
from the money appropriated for the operation of the division,	41413
upon the warrant of the county auditor, certified to by the	41414
administrative judge of the division of domestic relations.	41415

The summonses, warrants, citations, subpoenas, and other	41416
writs of the division may issue to a bailiff, constable, or staff	41417
investigator of the division or to the sheriff of any county or	41418
any marshal, constable, or police officer, and the provisions of	41419
law relating to the subpoenaing of witnesses in other cases shall	41420
apply insofar as they are applicable. When a summons, warrant,	41421
citation, subpoena, or other writ is issued to an officer, other	41422
than a bailiff, constable, or staff investigator of the division,	41423
the expense of serving it shall be assessed as a part of the costs	41424
in the case involved.	41425

(3) The judge of the court of common pleas of Hamilton county	41426
whose term begins on January 3, 1997, and the successors to that	41427
judge shall each be elected and designated as the drug court judge	41428
of the court of common pleas of Hamilton county. The drug court	41429
judge may accept or reject any case referred to the drug court	41430
judge under division (B)(3) of this section. After the drug court	41431
judge accepts a referred case, the drug court judge has full	41432
authority over the case, including the authority to conduct	41433
arraignment, accept pleas, enter findings and dispositions,	41434
conduct trials, order treatment, and if treatment is not	41435
successfully completed pronounce and enter sentence.	41436

A judge of the general division of the court of common pleas	41437
of Hamilton county and a judge of the Hamilton county municipal	41438
court may refer to the drug court judge any case, and any	41439
companion cases, the judge determines meet the criteria described	41440
under divisions (B)(3)(a) and (b) of this section. If the drug	41441
court judge accepts referral of a referred case, the case, and any	41442
companion cases, shall be transferred to the drug court judge. A	41443
judge may refer a case meeting the criteria described in divisions	41444
(B)(3)(a) and (b) of this section that involves a violation of a	41445
condition of a community control sanction to the drug court judge,	41446
and, if the drug court judge accepts the referral, the referring	41447
judge and the drug court judge have concurrent jurisdiction over	41448
the case.	41449

A judge of the general division of the court of common pleas	41450
of Hamilton county and a judge of the Hamilton county municipal	41451
court may refer a case to the drug court judge under division	41452
(B)(3) of this section if the judge determines that both of the	41453
following apply:	41454

(a) One of the following applies:

41455

(i) The case involves a drug abuse offense, as defined in	41456
section 2925.01 of the Revised Code, that is a felony of the third	41457
or fourth degree if the offense is committed prior to July 1,	41458
1996, a felony of the third, fourth, or fifth degree if the	41459
offense is committed on or after July 1, 1996, or a misdemeanor.	41460

(ii) The case involves a theft offense, as defined in section	41461
2913.01 of the Revised Code, that is a felony of the third or	41462
fourth degree if the offense is committed prior to July 1, 1996, a	41463
felony of the third, fourth, or fifth degree if the offense is	41464
committed on or after July 1, 1996, or a misdemeanor, and the	41465
defendant is drug or alcohol dependent or in danger of becoming	41466
drug or alcohol dependent and would benefit from treatment.	41467

(b) All of the following apply:

41468

(i) The case involves an offense for which a community	41469
control sanction may be imposed or is a case in which a mandatory	41470
prison term or a mandatory jail term is not required to be	41471
imposed.	41472

(ii) The defendant has no history of violent behavior.

41473

(iii) The defendant has no history of mental illness.

41474

(iv) The defendant's current or past behavior, or both, is	41475
drug or alcohol driven.	41476

(v) The defendant demonstrates a sincere willingness to	41477
participate in a fifteen-month treatment process.	41478

(vi) The defendant has no acute health condition.

41479

(vii) If the defendant is incarcerated, the county prosecutor	41480
approves of the referral.	41481

(4) If the administrative judge of the court of common pleas	41482
of Hamilton county determines that the volume of cases pending	41483
before the drug court judge does not constitute a sufficient	41484
caseload for the drug court judge, the administrative judge, in	41485
accordance with the Rules of Superintendence for Courts of Common	41486
Pleas, shall assign individual cases to the drug court judge from	41487
the general docket of the court. If the assignments so occur, the	41488
administrative judge shall cease the assignments when the	41489
administrative judge determines that the volume of cases pending	41490
before the drug court judge constitutes a sufficient caseload for	41491
the drug court judge.	41492

(5) As used in division (B) of this section, "community	41493
control sanction," "mandatory prison term," and "mandatory jail	41494
term" have the same meanings as in section 2929.01 of the Revised	41495
Code.	41496

(C)(1) In Lorain county:

41497

(a) The judges of the court of common pleas whose terms begin	41498
on January 3, 1959, January 4, 1989, and January 2, 1999, and	41499
successors, and the judge of the court of common pleas whose term	41500
begins on February 9, 2009, shall have the same qualifications,	41501
exercise the same powers and jurisdiction, and receive the same	41502
compensation as the other judges of the court of common pleas of	41503
Lorain county and shall be elected and designated as the judges of	41504
the court of common pleas, division of domestic relations. The	41505
judges of the court of common pleas whose terms begin on January	41506
3, 1959, January 4, 1989, and January 2, 1999, and successors,	41507
shall have all of the powers relating to juvenile courts, and all	41508
cases under Chapters 2151. and 2152. of the Revised Code, all	41509
parentage proceedings over which the juvenile court has	41510
jurisdiction, and all divorce, dissolution of marriage, legal	41511
separation, and annulment cases shall be assigned to them, except	41512
cases that for some special reason are assigned to some other	41513
judge of the court of common pleas. From February 9, 2009, through	41514
September 28, 2009, the judge of the court of common pleas whose	41515
term begins on February 9, 2009, shall have all the powers	41516
relating to juvenile courts, and cases under Chapters 2151. and	41517
2152. of the Revised Code, parentage proceedings over which the	41518
juvenile court has jurisdiction, and divorce, dissolution of	41519
marriage, legal separation, and annulment cases shall be assigned	41520
to that judge, except cases that for some special reason are	41521
assigned to some other judge of the court of common pleas.	41522

(b) From January 1, 2006, through September 28, 2009, the	41523
judges of the court of common pleas, division of domestic	41524
relations, in addition to the powers and jurisdiction set forth in	41525
division (C)(1)(a) of this section, shall have jurisdiction over	41526
matters that are within the jurisdiction of the probate court	41527
under Chapter 2101. and other provisions of the Revised Code.	41528

(c) The judge of the court of common pleas, division of	41529
domestic relations, whose term begins on February 9, 2009, is the	41530
successor to the probate judge who was elected in 2002 for a term	41531
that began on February 9, 2003. After September 28, 2009, the	41532
judge of the court of common pleas, division of domestic	41533
relations, whose term begins on February 9, 2009, shall be the	41534
probate judge.	41535

(2)(a) From February 9, 2009, through September 28, 2009,	41536
with respect to Lorain county, all references in law to the	41537
probate court shall be construed as references to the court of	41538
common pleas, division of domestic relations, and all references	41539
to the probate judge shall be construed as references to the	41540
judges of the court of common pleas, division of domestic	41541
relations.	41542

(b) From February 9, 2009, through September 28, 2009, with	41543
respect to Lorain county, all references in law to the clerk of	41544
the probate court shall be construed as references to the judge	41545
who is serving pursuant to Rule 4 of the Rules of Superintendence	41546
for the Courts of Ohio as the administrative judge of the court of	41547
common pleas, division of domestic relations.	41548

(D) In Lucas county:

41549

(1) The judges of the court of common pleas whose terms begin	41550
on January 1, 1955, and January 3, 1965, and successors, shall	41551
have the same qualifications, exercise the same powers and	41552
jurisdiction, and receive the same compensation as other judges of	41553
the court of common pleas of Lucas county and shall be elected and	41554
designated as judges of the court of common pleas, division of	41555
domestic relations. All divorce, dissolution of marriage, legal	41556
separation, and annulment cases shall be assigned to them.	41557

The judge of the division of domestic relations, senior in	41558
point of service, shall be considered as the presiding judge of	41559
the court of common pleas, division of domestic relations, and	41560
shall be charged exclusively with the assignment and division of	41561
the work of the division and the employment and supervision of all	41562
other personnel of the domestic relations division.	41563

(2) The judges of the court of common pleas whose terms begin	41564
on January 5, 1977, and January 2, 1991, and successors shall have	41565
the same qualifications, exercise the same powers and	41566
jurisdiction, and receive the same compensation as other judges of	41567
the court of common pleas of Lucas county, shall be elected and	41568
designated as judges of the court of common pleas, juvenile	41569
division, and shall be the juvenile judges as provided in Chapters	41570
2151. and 2152. of the Revised Code with the powers and	41571
jurisdictions conferred by those chapters. In addition to the	41572
judge's regular duties, the judge of the court of common pleas,	41573
juvenile division, senior in point of service, shall be the	41574
administrator of the juvenile division and its subdivisions and	41575
departments and shall have charge of the employment, assignment,	41576
and supervision of the personnel of the division engaged in	41577
handling, servicing, or investigating juvenile cases, including	41578
any referees considered necessary by the judges of the division in	41579
the discharge of their various duties.	41580

The judge of the court of common pleas, juvenile division,	41581
senior in point of service, also shall designate the title,	41582
compensation, expense allowance, hours, leaves of absence, and	41583
vacation of the personnel of the division and shall fix the duties	41584
of the personnel of the division. The duties of the personnel, in	41585
addition to other statutory duties include the handling,	41586
servicing, and investigation of juvenile cases and counseling and	41587
conciliation services that may be made available to persons	41588
requesting them, whether or not the persons are parties to an	41589
action pending in the division.	41590

(3) If one of the judges of the court of common pleas,	41591
division of domestic relations, or one of the judges of the	41592
juvenile division is sick, absent, or unable to perform that	41593
judge's judicial duties or the volume of cases pending in that	41594
judge's division necessitates it, the duties shall be performed by	41595
the judges of the other of those divisions.	41596

(E) In Mahoning county:

41597

(1) The judge of the court of common pleas whose term began	41598
on January 1, 1955, and successors, shall have the same	41599
qualifications, exercise the same powers and jurisdiction, and	41600
receive the same compensation as other judges of the court of	41601
common pleas of Mahoning county, shall be elected and designated	41602
as judge of the court of common pleas, division of domestic	41603
relations, and shall be assigned all the divorce, dissolution of	41604
marriage, legal separation, and annulment cases coming before the	41605
court. In addition to the judge's regular duties, the judge of the	41606
court of common pleas, division of domestic relations, shall be	41607
the administrator of the domestic relations division and its	41608
subdivisions and departments and shall have charge of the	41609
employment, assignment, and supervision of the personnel of the	41610
division engaged in handling, servicing, or investigating divorce,	41611
dissolution of marriage, legal separation, and annulment cases,	41612
including any referees considered necessary in the discharge of	41613
the various duties of the judge's office.	41614

The judge also shall designate the title, compensation,	41615
expense allowances, hours, leaves of absence, and vacations of the	41616
personnel of the division and shall fix the duties of the	41617
personnel of the division. The duties of the personnel, in	41618
addition to other statutory duties, include the handling,	41619
servicing, and investigation of divorce, dissolution of marriage,	41620
legal separation, and annulment cases and counseling and	41621
conciliation services that may be made available to persons	41622
requesting them, whether or not the persons are parties to an	41623
action pending in the division.	41624

(2) The judge of the court of common pleas whose term began	41625
on January 2, 1969, and successors, shall have the same	41626
qualifications, exercise the same powers and jurisdiction, and	41627
receive the same compensation as other judges of the court of	41628
common pleas of Mahoning county, shall be elected and designated	41629
as judge of the court of common pleas, juvenile division, and	41630
shall be the juvenile judge as provided in Chapters 2151. and	41631
2152. of the Revised Code, with the powers and jurisdictions	41632
conferred by those chapters. In addition to the judge's regular	41633
duties, the judge of the court of common pleas, juvenile division,	41634
shall be the administrator of the juvenile division and its	41635
subdivisions and departments and shall have charge of the	41636
employment, assignment, and supervision of the personnel of the	41637
division engaged in handling, servicing, or investigating juvenile	41638
cases, including any referees considered necessary by the judge in	41639
the discharge of the judge's various duties.	41640

The judge also shall designate the title, compensation,	41641
expense allowances, hours, leaves of absence, and vacation of the	41642
personnel of the division and shall fix the duties of the	41643
personnel of the division. The duties of the personnel, in	41644
addition to other statutory duties, include the handling,	41645
servicing, and investigation of juvenile cases and counseling and	41646
conciliation services that may be made available to persons	41647
requesting them, whether or not the persons are parties to an	41648
action pending in the division.	41649

(3) If a judge of the court of common pleas, division of	41650
domestic relations or juvenile division, is sick, absent, or	41651
unable to perform that judge's judicial duties, or the volume of	41652
cases pending in that judge's division necessitates it, that	41653
judge's duties shall be performed by another judge of the court of	41654
common pleas.	41655

(F) In Montgomery county:

41656

(1) The judges of the court of common pleas whose terms begin	41657
on January 2, 1953, and January 4, 1977, and successors, shall	41658
have the same qualifications, exercise the same powers and	41659
jurisdiction, and receive the same compensation as other judges of	41660
the court of common pleas of Montgomery county and shall be	41661
elected and designated as judges of the court of common pleas,	41662
division of domestic relations. These judges shall have assigned	41663
to them all divorce, dissolution of marriage, legal separation,	41664
and annulment cases.	41665

The judge of the division of domestic relations, senior in	41666
point of service, shall be charged exclusively with the assignment	41667
and division of the work of the division and shall have charge of	41668
the employment and supervision of the personnel of the division	41669
engaged in handling, servicing, or investigating divorce,	41670
dissolution of marriage, legal separation, and annulment cases,	41671
including any necessary referees, except those employees who may	41672
be appointed by the judge, junior in point of service, under this	41673
section and sections 2301.12,and 2301.18~~, and 2301.19~~ of the	41674
Revised Code. The judge of the division of domestic relations,	41675
senior in point of service, also shall designate the title,	41676
compensation, expense allowances, hours, leaves of absence, and	41677
vacation of the personnel of the division and shall fix their	41678
duties.	41679

(2) The judges of the court of common pleas whose terms begin	41680
on January 1, 1953, and January 1, 1993, and successors, shall	41681
have the same qualifications, exercise the same powers and	41682
jurisdiction, and receive the same compensation as other judges of	41683
the court of common pleas of Montgomery county, shall be elected	41684
and designated as judges of the court of common pleas, juvenile	41685
division, and shall be, and have the powers and jurisdiction of,	41686
the juvenile judge as provided in Chapters 2151. and 2152. of the	41687
Revised Code.	41688

In addition to the judge's regular duties, the judge of the	41689
court of common pleas, juvenile division, senior in point of	41690
service, shall be the administrator of the juvenile division and	41691
its subdivisions and departments and shall have charge of the	41692
employment, assignment, and supervision of the personnel of the	41693
juvenile division, including any necessary referees, who are	41694
engaged in handling, servicing, or investigating juvenile cases.	41695
The judge, senior in point of service, also shall designate the	41696
title, compensation, expense allowances, hours, leaves of absence,	41697
and vacation of the personnel of the division and shall fix their	41698
duties. The duties of the personnel, in addition to other	41699
statutory duties, shall include the handling, servicing, and	41700
investigation of juvenile cases and of any counseling and	41701
conciliation services that are available upon request to persons,	41702
whether or not they are parties to an action pending in the	41703
division.	41704

If one of the judges of the court of common pleas, division	41705
of domestic relations, or one of the judges of the court of common	41706
pleas, juvenile division, is sick, absent, or unable to perform	41707
that judge's duties or the volume of cases pending in that judge's	41708
division necessitates it, the duties of that judge may be	41709
performed by the judge or judges of the other of those divisions.	41710

(G) In Richland county:

41711

(1) The judge of the court of common pleas whose term begins	41712
on January 1, 1957, and successors, shall have the same	41713
qualifications, exercise the same powers and jurisdiction, and	41714
receive the same compensation as the other judges of the court of	41715
common pleas of Richland county and shall be elected and	41716
designated as judge of the court of common pleas, division of	41717
domestic relations. That judge shall be assigned and hear all	41718
divorce, dissolution of marriage, legal separation, and annulment	41719
cases, all domestic violence cases arising under section 3113.31	41720
of the Revised Code, and all post-decree proceedings arising from	41721
any case pertaining to any of those matters. The division of	41722
domestic relations has concurrent jurisdiction with the juvenile	41723
division of the court of common pleas of Richland county to	41724
determine the care, custody, or control of any child not a ward of	41725
another court of this state, and to hear and determine a request	41726
for an order for the support of any child if the request is not	41727
ancillary to an action for divorce, dissolution of marriage,	41728
annulment, or legal separation, a criminal or civil action	41729
involving an allegation of domestic violence, or an action for	41730
support brought under Chapter 3115. of the Revised Code. Except in	41731
cases that are subject to the exclusive original jurisdiction of	41732
the juvenile court, the judge of the division of domestic	41733
relations shall be assigned and hear all cases pertaining to	41734
paternity or parentage, the care, custody, or control of children,	41735
parenting time or visitation, child support, or the allocation of	41736
parental rights and responsibilities for the care of children, all	41737
proceedings arising under Chapter 3111. of the Revised Code, all	41738
proceedings arising under the uniform interstate family support	41739
act contained in Chapter 3115. of the Revised Code, and all	41740
post-decree proceedings arising from any case pertaining to any of	41741
those matters.	41742

In addition to the judge's regular duties, the judge of the	41743
court of common pleas, division of domestic relations, shall be	41744
the administrator of the domestic relations division and its	41745
subdivisions and departments. The judge shall have charge of the	41746
employment, assignment, and supervision of the personnel of the	41747
domestic relations division, including any magistrates the judge	41748
considers necessary for the discharge of the judge's duties. The	41749
judge shall also designate the title, compensation, expense	41750
allowances, hours, leaves of absence, vacation, and other	41751
employment-related matters of the personnel of the division and	41752
shall fix their duties.	41753

(2) The judge of the court of common pleas whose term begins	41754
on January 3, 2005, and successors, shall have the same	41755
qualifications, exercise the same powers and jurisdiction, and	41756
receive the same compensation as other judges of the court of	41757
common pleas of Richland county, shall be elected and designated	41758
as judge of the court of common pleas, juvenile division, and	41759
shall be, and have the powers and jurisdiction of, the juvenile	41760
judge as provided in Chapters 2151. and 2152. of the Revised Code.	41761
Except in cases that are subject to the exclusive original	41762
jurisdiction of the juvenile court, the judge of the juvenile	41763
division shall not have jurisdiction or the power to hear, and	41764
shall not be assigned, any case pertaining to paternity or	41765
parentage, the care, custody, or control of children, parenting	41766
time or visitation, child support, or the allocation of parental	41767
rights and responsibilities for the care of children or any	41768
post-decree proceeding arising from any case pertaining to any of	41769
those matters. The judge of the juvenile division shall not have	41770
jurisdiction or the power to hear, and shall not be assigned, any	41771
proceeding under the uniform interstate family support act	41772
contained in Chapter 3115. of the Revised Code.	41773

In addition to the judge's regular duties, the judge of the	41774
juvenile division shall be the administrator of the juvenile	41775
division and its subdivisions and departments. The judge shall	41776
have charge of the employment, assignment, and supervision of the	41777
personnel of the juvenile division who are engaged in handling,	41778
servicing, or investigating juvenile cases, including any	41779
magistrates whom the judge considers necessary for the discharge	41780
of the judge's various duties.	41781

The judge of the juvenile division also shall designate the	41782
title, compensation, expense allowances, hours, leaves of absence,	41783
and vacation of the personnel of the division and shall fix their	41784
duties. The duties of the personnel, in addition to other	41785
statutory duties, include the handling, servicing, and	41786
investigation of juvenile cases and providing any counseling,	41787
conciliation, and mediation services that the court makes	41788
available to persons, whether or not the persons are parties to an	41789
action pending in the court, who request the services.	41790

(H) In Stark county, the judges of the court of common pleas	41791
whose terms begin on January 1, 1953, January 2, 1959, and January	41792
1, 1993, and successors, shall have the same qualifications,	41793
exercise the same powers and jurisdiction, and receive the same	41794
compensation as other judges of the court of common pleas of Stark	41795
county and shall be elected and designated as judges of the court	41796
of common pleas, division of domestic relations. They shall have	41797
all the powers relating to juvenile courts, and all cases under	41798
Chapters 2151. and 2152. of the Revised Code, all parentage	41799
proceedings over which the juvenile court has jurisdiction, and	41800
all divorce, dissolution of marriage, legal separation, and	41801
annulment cases, except cases that are assigned to some other	41802
judge of the court of common pleas for some special reason, shall	41803
be assigned to the judges.	41804

The judge of the division of domestic relations, second most	41805
senior in point of service, shall have charge of the employment	41806
and supervision of the personnel of the division engaged in	41807
handling, servicing, or investigating divorce, dissolution of	41808
marriage, legal separation, and annulment cases, and necessary	41809
referees required for the judge's respective court.	41810

The judge of the division of domestic relations, senior in	41811
point of service, shall be charged exclusively with the	41812
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	41813
of the Revised Code and with the assignment and division of the	41814
work of the division and the employment and supervision of all	41815
other personnel of the division, including, but not limited to,	41816
that judge's necessary referees, but excepting those employees who	41817
may be appointed by the judge second most senior in point of	41818
service. The senior judge further shall serve in every other	41819
position in which the statutes permit or require a juvenile judge	41820
to serve.	41821

(I) In Summit county:

41822

(1) The judges of the court of common pleas whose terms begin	41823
on January 4, 1967, and January 6, 1993, and successors, shall	41824
have the same qualifications, exercise the same powers and	41825
jurisdiction, and receive the same compensation as other judges of	41826
the court of common pleas of Summit county and shall be elected	41827
and designated as judges of the court of common pleas, division of	41828
domestic relations. The judges of the division of domestic	41829
relations shall have assigned to them and hear all divorce,	41830
dissolution of marriage, legal separation, and annulment cases	41831
that come before the court. Except in cases that are subject to	41832
the exclusive original jurisdiction of the juvenile court, the	41833
judges of the division of domestic relations shall have assigned	41834
to them and hear all cases pertaining to paternity, custody,	41835
visitation, child support, or the allocation of parental rights	41836
and responsibilities for the care of children and all post-decree	41837
proceedings arising from any case pertaining to any of those	41838
matters. The judges of the division of domestic relations shall	41839
have assigned to them and hear all proceedings under the uniform	41840
interstate family support act contained in Chapter 3115. of the	41841
Revised Code.	41842

The judge of the division of domestic relations, senior in	41843
point of service, shall be the administrator of the domestic	41844
relations division and its subdivisions and departments and shall	41845
have charge of the employment, assignment, and supervision of the	41846
personnel of the division, including any necessary referees, who	41847
are engaged in handling, servicing, or investigating divorce,	41848
dissolution of marriage, legal separation, and annulment cases.	41849
That judge also shall designate the title, compensation, expense	41850
allowances, hours, leaves of absence, and vacations of the	41851
personnel of the division and shall fix their duties. The duties	41852
of the personnel, in addition to other statutory duties, shall	41853
include the handling, servicing, and investigation of divorce,	41854
dissolution of marriage, legal separation, and annulment cases and	41855
of any counseling and conciliation services that are available	41856
upon request to all persons, whether or not they are parties to an	41857
action pending in the division.	41858

(2) The judge of the court of common pleas whose term begins	41859
on January 1, 1955, and successors, shall have the same	41860
qualifications, exercise the same powers and jurisdiction, and	41861
receive the same compensation as other judges of the court of	41862
common pleas of Summit county, shall be elected and designated as	41863
judge of the court of common pleas, juvenile division, and shall	41864
be, and have the powers and jurisdiction of, the juvenile judge as	41865
provided in Chapters 2151. and 2152. of the Revised Code. Except	41866
in cases that are subject to the exclusive original jurisdiction	41867
of the juvenile court, the judge of the juvenile division shall	41868
not have jurisdiction or the power to hear, and shall not be	41869
assigned, any case pertaining to paternity, custody, visitation,	41870
child support, or the allocation of parental rights and	41871
responsibilities for the care of children or any post-decree	41872
proceeding arising from any case pertaining to any of those	41873
matters. The judge of the juvenile division shall not have	41874
jurisdiction or the power to hear, and shall not be assigned, any	41875
proceeding under the uniform interstate family support act	41876
contained in Chapter 3115. of the Revised Code.	41877

The juvenile judge shall be the administrator of the juvenile	41878
division and its subdivisions and departments and shall have	41879
charge of the employment, assignment, and supervision of the	41880
personnel of the juvenile division, including any necessary	41881
referees, who are engaged in handling, servicing, or investigating	41882
juvenile cases. The judge also shall designate the title,	41883
compensation, expense allowances, hours, leaves of absence, and	41884
vacation of the personnel of the division and shall fix their	41885
duties. The duties of the personnel, in addition to other	41886
statutory duties, shall include the handling, servicing, and	41887
investigation of juvenile cases and of any counseling and	41888
conciliation services that are available upon request to persons,	41889
whether or not they are parties to an action pending in the	41890
division.	41891

(J) In Trumbull county, the judges of the court of common	41892
pleas whose terms begin on January 1, 1953, and January 2, 1977,	41893
and successors, shall have the same qualifications, exercise the	41894
same powers and jurisdiction, and receive the same compensation as	41895
other judges of the court of common pleas of Trumbull county and	41896
shall be elected and designated as judges of the court of common	41897
pleas, division of domestic relations. They shall have all the	41898
powers relating to juvenile courts, and all cases under Chapters	41899
2151. and 2152. of the Revised Code, all parentage proceedings	41900
over which the juvenile court has jurisdiction, and all divorce,	41901
dissolution of marriage, legal separation, and annulment cases	41902
shall be assigned to them, except cases that for some special	41903
reason are assigned to some other judge of the court of common	41904
pleas.	41905

(K) In Butler county:

41906

(1) The judges of the court of common pleas whose terms begin	41907
on January 1, 1957, and January 4, 1993, and successors, shall	41908
have the same qualifications, exercise the same powers and	41909
jurisdiction, and receive the same compensation as other judges of	41910
the court of common pleas of Butler county and shall be elected	41911
and designated as judges of the court of common pleas, division of	41912
domestic relations. The judges of the division of domestic	41913
relations shall have assigned to them all divorce, dissolution of	41914
marriage, legal separation, and annulment cases coming before the	41915
court, except in cases that for some special reason are assigned	41916
to some other judge of the court of common pleas. The judges of	41917
the division of domestic relations also have concurrent	41918
jurisdiction with judges of the juvenile division of the court of	41919
common pleas of Butler county with respect to and may hear cases	41920
to determine the custody, support, or custody and support of a	41921
child who is born of issue of a marriage and who is not the ward	41922
of another court of this state, cases commenced by a party of the	41923
marriage to obtain an order requiring support of any child when	41924
the request for that order is not ancillary to an action for	41925
divorce, dissolution of marriage, annulment, or legal separation,	41926
a criminal or civil action involving an allegation of domestic	41927
violence, an action for support under Chapter 3115. of the Revised	41928
Code, or an action that is within the exclusive original	41929
jurisdiction of the juvenile division of the court of common pleas	41930
of Butler county and that involves an allegation that the child is	41931
an abused, neglected, or dependent child, and post-decree	41932
proceedings and matters arising from those types of cases. The	41933
judge senior in point of service shall be charged with the	41934
assignment and division of the work of the division and with the	41935
employment and supervision of all other personnel of the domestic	41936
relations division.	41937

The judge senior in point of service also shall designate the	41938
title, compensation, expense allowances, hours, leaves of absence,	41939
and vacations of the personnel of the division and shall fix their	41940
duties. The duties of the personnel, in addition to other	41941
statutory duties, shall include the handling, servicing, and	41942
investigation of divorce, dissolution of marriage, legal	41943
separation, and annulment cases and providing any counseling and	41944
conciliation services that the division makes available to	41945
persons, whether or not the persons are parties to an action	41946
pending in the division, who request the services.	41947

(2) The judges of the court of common pleas whose terms begin	41948
on January 3, 1987, and January 2, 2003, and successors, shall	41949
have the same qualifications, exercise the same powers and	41950
jurisdiction, and receive the same compensation as other judges of	41951
the court of common pleas of Butler county, shall be elected and	41952
designated as judges of the court of common pleas, juvenile	41953
division, and shall be the juvenile judges as provided in Chapters	41954
2151. and 2152. of the Revised Code, with the powers and	41955
jurisdictions conferred by those chapters. Except in cases that	41956
are subject to the exclusive original jurisdiction of the juvenile	41957
court, the judges of the juvenile division shall not have	41958
jurisdiction or the power to hear and shall not be assigned, but	41959
shall have the limited ability and authority to certify, any case	41960
commenced by a party of a marriage to determine the custody,	41961
support, or custody and support of a child who is born of issue of	41962
the marriage and who is not the ward of another court of this	41963
state when the request for the order in the case is not ancillary	41964
to an action for divorce, dissolution of marriage, annulment, or	41965
legal separation. The judge of the court of common pleas, juvenile	41966
division, who is senior in point of service, shall be the	41967
administrator of the juvenile division and its subdivisions and	41968
departments. The judge, senior in point of service, shall have	41969
charge of the employment, assignment, and supervision of the	41970
personnel of the juvenile division who are engaged in handling,	41971
servicing, or investigating juvenile cases, including any referees	41972
whom the judge considers necessary for the discharge of the	41973
judge's various duties.	41974

The judge, senior in point of service, also shall designate	41975
the title, compensation, expense allowances, hours, leaves of	41976
absence, and vacation of the personnel of the division and shall	41977
fix their duties. The duties of the personnel, in addition to	41978
other statutory duties, include the handling, servicing, and	41979
investigation of juvenile cases and providing any counseling and	41980
conciliation services that the division makes available to	41981
persons, whether or not the persons are parties to an action	41982
pending in the division, who request the services.	41983

(3) If a judge of the court of common pleas, division of	41984
domestic relations or juvenile division, is sick, absent, or	41985
unable to perform that judge's judicial duties or the volume of	41986
cases pending in the judge's division necessitates it, the duties	41987
of that judge shall be performed by the other judges of the	41988
domestic relations and juvenile divisions.	41989

(L)(1) In Cuyahoga county, the judges of the court of common	41990
pleas whose terms begin on January 8, 1961, January 9, 1961,	41991
January 18, 1975, January 19, 1975, and January 13, 1987, and	41992
successors, shall have the same qualifications, exercise the same	41993
powers and jurisdiction, and receive the same compensation as	41994
other judges of the court of common pleas of Cuyahoga county and	41995
shall be elected and designated as judges of the court of common	41996
pleas, division of domestic relations. They shall have all the	41997
powers relating to all divorce, dissolution of marriage, legal	41998
separation, and annulment cases, except in cases that are assigned	41999
to some other judge of the court of common pleas for some special	42000
reason.	42001

(2) The administrative judge is administrator of the domestic	42002
relations division and its subdivisions and departments and has	42003
the following powers concerning division personnel:	42004

(a) Full charge of the employment, assignment, and	42005
supervision;	42006

(b) Sole determination of compensation, duties, expenses,	42007
allowances, hours, leaves, and vacations.	42008

(3) "Division personnel" include persons employed or referees	42009
engaged in hearing, servicing, investigating, counseling, or	42010
conciliating divorce, dissolution of marriage, legal separation	42011
and annulment matters.	42012

(M) In Lake county:

42013

(1) The judge of the court of common pleas whose term begins	42014
on January 2, 1961, and successors, shall have the same	42015
qualifications, exercise the same powers and jurisdiction, and	42016
receive the same compensation as the other judges of the court of	42017
common pleas of Lake county and shall be elected and designated as	42018
judge of the court of common pleas, division of domestic	42019
relations. The judge shall be assigned all the divorce,	42020
dissolution of marriage, legal separation, and annulment cases	42021
coming before the court, except in cases that for some special	42022
reason are assigned to some other judge of the court of common	42023
pleas. The judge shall be charged with the assignment and division	42024
of the work of the division and with the employment and	42025
supervision of all other personnel of the domestic relations	42026
division.	42027

The judge also shall designate the title, compensation,	42028
expense allowances, hours, leaves of absence, and vacations of the	42029
personnel of the division and shall fix their duties. The duties	42030
of the personnel, in addition to other statutory duties, shall	42031
include the handling, servicing, and investigation of divorce,	42032
dissolution of marriage, legal separation, and annulment cases and	42033
providing any counseling and conciliation services that the	42034
division makes available to persons, whether or not the persons	42035
are parties to an action pending in the division, who request the	42036
services.	42037

(2) The judge of the court of common pleas whose term begins	42038
on January 4, 1979, and successors, shall have the same	42039
qualifications, exercise the same powers and jurisdiction, and	42040
receive the same compensation as other judges of the court of	42041
common pleas of Lake county, shall be elected and designated as	42042
judge of the court of common pleas, juvenile division, and shall	42043
be the juvenile judge as provided in Chapters 2151. and 2152. of	42044
the Revised Code, with the powers and jurisdictions conferred by	42045
those chapters. The judge of the court of common pleas, juvenile	42046
division, shall be the administrator of the juvenile division and	42047
its subdivisions and departments. The judge shall have charge of	42048
the employment, assignment, and supervision of the personnel of	42049
the juvenile division who are engaged in handling, servicing, or	42050
investigating juvenile cases, including any referees whom the	42051
judge considers necessary for the discharge of the judge's various	42052
duties.	42053

The judge also shall designate the title, compensation,	42054
expense allowances, hours, leaves of absence, and vacation of the	42055
personnel of the division and shall fix their duties. The duties	42056
of the personnel, in addition to other statutory duties, include	42057
the handling, servicing, and investigation of juvenile cases and	42058
providing any counseling and conciliation services that the	42059
division makes available to persons, whether or not the persons	42060
are parties to an action pending in the division, who request the	42061
services.	42062

(3) If a judge of the court of common pleas, division of	42063
domestic relations or juvenile division, is sick, absent, or	42064
unable to perform that judge's judicial duties or the volume of	42065
cases pending in the judge's division necessitates it, the duties	42066
of that judge shall be performed by the other judges of the	42067
domestic relations and juvenile divisions.	42068

(N) In Erie county:

42069

(1) The judge of the court of common pleas whose term begins	42070
on January 2, 1971, and the successors to that judge whose terms	42071
begin before January 2, 2007, shall have the same qualifications,	42072
exercise the same powers and jurisdiction, and receive the same	42073
compensation as the other judge of the court of common pleas of	42074
Erie county and shall be elected and designated as judge of the	42075
court of common pleas, division of domestic relations. The judge	42076
shall have all the powers relating to juvenile courts, and shall	42077
be assigned all cases under Chapters 2151. and 2152. of the	42078
Revised Code, parentage proceedings over which the juvenile court	42079
has jurisdiction, and divorce, dissolution of marriage, legal	42080
separation, and annulment cases, except cases that for some	42081
special reason are assigned to some other judge.	42082

On or after January 2, 2007, the judge of the court of common	42083
pleas who is elected in 2006 shall be the successor to the judge	42084
of the domestic relations division whose term expires on January	42085
1, 2007, shall be designated as judge of the court of common	42086
pleas, juvenile division, and shall be the juvenile judge as	42087
provided in Chapters 2151. and 2152. of the Revised Code with the	42088
powers and jurisdictions conferred by those chapters.	42089

(2) The judge of the court of common pleas, general division,	42090
whose term begins on January 1, 2005, and successors, the judge of	42091
the court of common pleas, general division whose term begins on	42092
January 2, 2005, and successors, and the judge of the court of	42093
common pleas, general division, whose term begins February 9,	42094
2009, and successors, shall have assigned to them, in addition to	42095
all matters that are within the jurisdiction of the general	42096
division of the court of common pleas, all divorce, dissolution of	42097
marriage, legal separation, and annulment cases coming before the	42098
court, and all matters that are within the jurisdiction of the	42099
probate court under Chapter 2101., and other provisions, of the	42100
Revised Code.	42101

(O) In Greene county:

42102

(1) The judge of the court of common pleas whose term begins	42103
on January 1, 1961, and successors, shall have the same	42104
qualifications, exercise the same powers and jurisdiction, and	42105
receive the same compensation as the other judges of the court of	42106
common pleas of Greene county and shall be elected and designated	42107
as the judge of the court of common pleas, division of domestic	42108
relations. The judge shall be assigned all divorce, dissolution of	42109
marriage, legal separation, annulment, uniform reciprocal support	42110
enforcement, and domestic violence cases and all other cases	42111
related to domestic relations, except cases that for some special	42112
reason are assigned to some other judge of the court of common	42113
pleas.	42114

The judge shall be charged with the assignment and division	42115
of the work of the division and with the employment and	42116
supervision of all other personnel of the division. The judge also	42117
shall designate the title, compensation, hours, leaves of absence,	42118
and vacations of the personnel of the division and shall fix their	42119
duties. The duties of the personnel of the division, in addition	42120
to other statutory duties, shall include the handling, servicing,	42121
and investigation of divorce, dissolution of marriage, legal	42122
separation, and annulment cases and the provision of counseling	42123
and conciliation services that the division considers necessary	42124
and makes available to persons who request the services, whether	42125
or not the persons are parties in an action pending in the	42126
division. The compensation for the personnel shall be paid from	42127
the overall court budget and shall be included in the	42128
appropriations for the existing judges of the general division of	42129
the court of common pleas.	42130

(2) The judge of the court of common pleas whose term begins	42131
on January 1, 1995, and successors, shall have the same	42132
qualifications, exercise the same powers and jurisdiction, and	42133
receive the same compensation as the other judges of the court of	42134
common pleas of Greene county, shall be elected and designated as	42135
judge of the court of common pleas, juvenile division, and, on or	42136
after January 1, 1995, shall be the juvenile judge as provided in	42137
Chapters 2151. and 2152. of the Revised Code with the powers and	42138
jurisdiction conferred by those chapters. The judge of the court	42139
of common pleas, juvenile division, shall be the administrator of	42140
the juvenile division and its subdivisions and departments. The	42141
judge shall have charge of the employment, assignment, and	42142
supervision of the personnel of the juvenile division who are	42143
engaged in handling, servicing, or investigating juvenile cases,	42144
including any referees whom the judge considers necessary for the	42145
discharge of the judge's various duties.	42146

The judge also shall designate the title, compensation,	42147
expense allowances, hours, leaves of absence, and vacation of the	42148
personnel of the division and shall fix their duties. The duties	42149
of the personnel, in addition to other statutory duties, include	42150
the handling, servicing, and investigation of juvenile cases and	42151
providing any counseling and conciliation services that the court	42152
makes available to persons, whether or not the persons are parties	42153
to an action pending in the court, who request the services.	42154

(3) If one of the judges of the court of common pleas,	42155
general division, is sick, absent, or unable to perform that	42156
judge's judicial duties or the volume of cases pending in the	42157
general division necessitates it, the duties of that judge of the	42158
general division shall be performed by the judge of the division	42159
of domestic relations and the judge of the juvenile division.	42160

(P) In Portage county, the judge of the court of common	42161
pleas, whose term begins January 2, 1987, and successors, shall	42162
have the same qualifications, exercise the same powers and	42163
jurisdiction, and receive the same compensation as the other	42164
judges of the court of common pleas of Portage county and shall be	42165
elected and designated as judge of the court of common pleas,	42166
division of domestic relations. The judge shall be assigned all	42167
divorce, dissolution of marriage, legal separation, and annulment	42168
cases coming before the court, except in cases that for some	42169
special reason are assigned to some other judge of the court of	42170
common pleas. The judge shall be charged with the assignment and	42171
division of the work of the division and with the employment and	42172
supervision of all other personnel of the domestic relations	42173
division.	42174

The judge also shall designate the title, compensation,	42175
expense allowances, hours, leaves of absence, and vacations of the	42176
personnel of the division and shall fix their duties. The duties	42177
of the personnel, in addition to other statutory duties, shall	42178
include the handling, servicing, and investigation of divorce,	42179
dissolution of marriage, legal separation, and annulment cases and	42180
providing any counseling and conciliation services that the	42181
division makes available to persons, whether or not the persons	42182
are parties to an action pending in the division, who request the	42183
services.	42184

(Q) In Clermont county, the judge of the court of common	42185
pleas, whose term begins January 2, 1987, and successors, shall	42186
have the same qualifications, exercise the same powers and	42187
jurisdiction, and receive the same compensation as the other	42188
judges of the court of common pleas of Clermont county and shall	42189
be elected and designated as judge of the court of common pleas,	42190
division of domestic relations. The judge shall be assigned all	42191
divorce, dissolution of marriage, legal separation, and annulment	42192
cases coming before the court, except in cases that for some	42193
special reason are assigned to some other judge of the court of	42194
common pleas. The judge shall be charged with the assignment and	42195
division of the work of the division and with the employment and	42196
supervision of all other personnel of the domestic relations	42197
division.	42198

The judge also shall designate the title, compensation,	42199
expense allowances, hours, leaves of absence, and vacations of the	42200
personnel of the division and shall fix their duties. The duties	42201
of the personnel, in addition to other statutory duties, shall	42202
include the handling, servicing, and investigation of divorce,	42203
dissolution of marriage, legal separation, and annulment cases and	42204
providing any counseling and conciliation services that the	42205
division makes available to persons, whether or not the persons	42206
are parties to an action pending in the division, who request the	42207
services.	42208

(R) In Warren county, the judge of the court of common pleas,	42209
whose term begins January 1, 1987, and successors, shall have the	42210
same qualifications, exercise the same powers and jurisdiction,	42211
and receive the same compensation as the other judges of the court	42212
of common pleas of Warren county and shall be elected and	42213
designated as judge of the court of common pleas, division of	42214
domestic relations. The judge shall be assigned all divorce,	42215
dissolution of marriage, legal separation, and annulment cases	42216
coming before the court, except in cases that for some special	42217
reason are assigned to some other judge of the court of common	42218
pleas. The judge shall be charged with the assignment and division	42219
of the work of the division and with the employment and	42220
supervision of all other personnel of the domestic relations	42221
division.	42222

The judge also shall designate the title, compensation,	42223
expense allowances, hours, leaves of absence, and vacations of the	42224
personnel of the division and shall fix their duties. The duties	42225
of the personnel, in addition to other statutory duties, shall	42226
include the handling, servicing, and investigation of divorce,	42227
dissolution of marriage, legal separation, and annulment cases and	42228
providing any counseling and conciliation services that the	42229
division makes available to persons, whether or not the persons	42230
are parties to an action pending in the division, who request the	42231
services.	42232

(S) In Licking county, the judges of the court of common	42233
pleas, whose terms begin on January 1, 1991, and January 1, 2005,	42234
and successors, shall have the same qualifications, exercise the	42235
same powers and jurisdiction, and receive the same compensation as	42236
the other judges of the court of common pleas of Licking county	42237
and shall be elected and designated as judges of the court of	42238
common pleas, division of domestic relations. The judges shall be	42239
assigned all divorce, dissolution of marriage, legal separation,	42240
and annulment cases, all cases arising under Chapter 3111. of the	42241
Revised Code, all proceedings involving child support, the	42242
allocation of parental rights and responsibilities for the care of	42243
children and the designation for the children of a place of	42244
residence and legal custodian, parenting time, and visitation, and	42245
all post-decree proceedings and matters arising from those cases	42246
and proceedings, except in cases that for some special reason are	42247
assigned to another judge of the court of common pleas. The	42248
administrative judge of the division of domestic relations shall	42249
be charged with the assignment and division of the work of the	42250
division and with the employment and supervision of the personnel	42251
of the division.	42252

The administrative judge of the division of domestic	42253
relations shall designate the title, compensation, expense	42254
allowances, hours, leaves of absence, and vacations of the	42255
personnel of the division and shall fix the duties of the	42256
personnel of the division. The duties of the personnel of the	42257
division, in addition to other statutory duties, shall include the	42258
handling, servicing, and investigation of divorce, dissolution of	42259
marriage, legal separation, and annulment cases, cases arising	42260
under Chapter 3111. of the Revised Code, and proceedings involving	42261
child support, the allocation of parental rights and	42262
responsibilities for the care of children and the designation for	42263
the children of a place of residence and legal custodian,	42264
parenting time, and visitation and providing any counseling and	42265
conciliation services that the division makes available to	42266
persons, whether or not the persons are parties to an action	42267
pending in the division, who request the services.	42268

(T) In Allen county, the judge of the court of common pleas,	42269
whose term begins January 1, 1993, and successors, shall have the	42270
same qualifications, exercise the same powers and jurisdiction,	42271
and receive the same compensation as the other judges of the court	42272
of common pleas of Allen county and shall be elected and	42273
designated as judge of the court of common pleas, division of	42274
domestic relations. The judge shall be assigned all divorce,	42275
dissolution of marriage, legal separation, and annulment cases,	42276
all cases arising under Chapter 3111. of the Revised Code, all	42277
proceedings involving child support, the allocation of parental	42278
rights and responsibilities for the care of children and the	42279
designation for the children of a place of residence and legal	42280
custodian, parenting time, and visitation, and all post-decree	42281
proceedings and matters arising from those cases and proceedings,	42282
except in cases that for some special reason are assigned to	42283
another judge of the court of common pleas. The judge shall be	42284
charged with the assignment and division of the work of the	42285
division and with the employment and supervision of the personnel	42286
of the division.	42287

The judge shall designate the title, compensation, expense	42288
allowances, hours, leaves of absence, and vacations of the	42289
personnel of the division and shall fix the duties of the	42290
personnel of the division. The duties of the personnel of the	42291
division, in addition to other statutory duties, shall include the	42292
handling, servicing, and investigation of divorce, dissolution of	42293
marriage, legal separation, and annulment cases, cases arising	42294
under Chapter 3111. of the Revised Code, and proceedings involving	42295
child support, the allocation of parental rights and	42296
responsibilities for the care of children and the designation for	42297
the children of a place of residence and legal custodian,	42298
parenting time, and visitation, and providing any counseling and	42299
conciliation services that the division makes available to	42300
persons, whether or not the persons are parties to an action	42301
pending in the division, who request the services.	42302

(U) In Medina county, the judge of the court of common pleas	42303
whose term begins January 1, 1995, and successors, shall have the	42304
same qualifications, exercise the same powers and jurisdiction,	42305
and receive the same compensation as other judges of the court of	42306
common pleas of Medina county and shall be elected and designated	42307
as judge of the court of common pleas, division of domestic	42308
relations. The judge shall be assigned all divorce, dissolution of	42309
marriage, legal separation, and annulment cases, all cases arising	42310
under Chapter 3111. of the Revised Code, all proceedings involving	42311
child support, the allocation of parental rights and	42312
responsibilities for the care of children and the designation for	42313
the children of a place of residence and legal custodian,	42314
parenting time, and visitation, and all post-decree proceedings	42315
and matters arising from those cases and proceedings, except in	42316
cases that for some special reason are assigned to another judge	42317
of the court of common pleas. The judge shall be charged with the	42318
assignment and division of the work of the division and with the	42319
employment and supervision of the personnel of the division.	42320

The judge shall designate the title, compensation, expense	42321
allowances, hours, leaves of absence, and vacations of the	42322
personnel of the division and shall fix the duties of the	42323
personnel of the division. The duties of the personnel, in	42324
addition to other statutory duties, include the handling,	42325
servicing, and investigation of divorce, dissolution of marriage,	42326
legal separation, and annulment cases, cases arising under Chapter	42327
3111. of the Revised Code, and proceedings involving child	42328
support, the allocation of parental rights and responsibilities	42329
for the care of children and the designation for the children of a	42330
place of residence and legal custodian, parenting time, and	42331
visitation, and providing counseling and conciliation services	42332
that the division makes available to persons, whether or not the	42333
persons are parties to an action pending in the division, who	42334
request the services.	42335

(V) In Fairfield county, the judge of the court of common	42336
pleas whose term begins January 2, 1995, and successors, shall	42337
have the same qualifications, exercise the same powers and	42338
jurisdiction, and receive the same compensation as the other	42339
judges of the court of common pleas of Fairfield county and shall	42340
be elected and designated as judge of the court of common pleas,	42341
division of domestic relations. The judge shall be assigned all	42342
divorce, dissolution of marriage, legal separation, and annulment	42343
cases, all cases arising under Chapter 3111. of the Revised Code,	42344
all proceedings involving child support, the allocation of	42345
parental rights and responsibilities for the care of children and	42346
the designation for the children of a place of residence and legal	42347
custodian, parenting time, and visitation, and all post-decree	42348
proceedings and matters arising from those cases and proceedings,	42349
except in cases that for some special reason are assigned to	42350
another judge of the court of common pleas. The judge also has	42351
concurrent jurisdiction with the probate-juvenile division of the	42352
court of common pleas of Fairfield county with respect to and may	42353
hear cases to determine the custody of a child, as defined in	42354
section 2151.011 of the Revised Code, who is not the ward of	42355
another court of this state, cases that are commenced by a parent,	42356
guardian, or custodian of a child, as defined in section 2151.011	42357
of the Revised Code, to obtain an order requiring a parent of the	42358
child to pay child support for that child when the request for	42359
that order is not ancillary to an action for divorce, dissolution	42360
of marriage, annulment, or legal separation, a criminal or civil	42361
action involving an allegation of domestic violence, an action for	42362
support under Chapter 3115. of the Revised Code, or an action that	42363
is within the exclusive original jurisdiction of the	42364
probate-juvenile division of the court of common pleas of	42365
Fairfield county and that involves an allegation that the child is	42366
an abused, neglected, or dependent child, and post-decree	42367
proceedings and matters arising from those types of cases.	42368

The judge of the domestic relations division shall be charged	42369
with the assignment and division of the work of the division and	42370
with the employment and supervision of the personnel of the	42371
division.	42372

The judge shall designate the title, compensation, expense	42373
allowances, hours, leaves of absence, and vacations of the	42374
personnel of the division and shall fix the duties of the	42375
personnel of the division. The duties of the personnel of the	42376
division, in addition to other statutory duties, shall include the	42377
handling, servicing, and investigation of divorce, dissolution of	42378
marriage, legal separation, and annulment cases, cases arising	42379
under Chapter 3111. of the Revised Code, and proceedings involving	42380
child support, the allocation of parental rights and	42381
responsibilities for the care of children and the designation for	42382
the children of a place of residence and legal custodian,	42383
parenting time, and visitation, and providing any counseling and	42384
conciliation services that the division makes available to	42385
persons, regardless of whether the persons are parties to an	42386
action pending in the division, who request the services. When the	42387
judge hears a case to determine the custody of a child, as defined	42388
in section 2151.011 of the Revised Code, who is not the ward of	42389
another court of this state or a case that is commenced by a	42390
parent, guardian, or custodian of a child, as defined in section	42391
2151.011 of the Revised Code, to obtain an order requiring a	42392
parent of the child to pay child support for that child when the	42393
request for that order is not ancillary to an action for divorce,	42394
dissolution of marriage, annulment, or legal separation, a	42395
criminal or civil action involving an allegation of domestic	42396
violence, an action for support under Chapter 3115. of the Revised	42397
Code, or an action that is within the exclusive original	42398
jurisdiction of the probate-juvenile division of the court of	42399
common pleas of Fairfield county and that involves an allegation	42400
that the child is an abused, neglected, or dependent child, the	42401
duties of the personnel of the domestic relations division also	42402
include the handling, servicing, and investigation of those types	42403
of cases.	42404

(W)(1) In Clark county, the judge of the court of common	42405
pleas whose term begins on January 2, 1995, and successors, shall	42406
have the same qualifications, exercise the same powers and	42407
jurisdiction, and receive the same compensation as other judges of	42408
the court of common pleas of Clark county and shall be elected and	42409
designated as judge of the court of common pleas, domestic	42410
relations division. The judge shall have all the powers relating	42411
to juvenile courts, and all cases under Chapters 2151. and 2152.	42412
of the Revised Code and all parentage proceedings under Chapter	42413
3111. of the Revised Code over which the juvenile court has	42414
jurisdiction shall be assigned to the judge of the division of	42415
domestic relations. All divorce, dissolution of marriage, legal	42416
separation, annulment, uniform reciprocal support enforcement, and	42417
other cases related to domestic relations shall be assigned to the	42418
domestic relations division, and the presiding judge of the court	42419
of common pleas shall assign the cases to the judge of the	42420
domestic relations division and the judges of the general	42421
division.	42422

(2) In addition to the judge's regular duties, the judge of	42423
the division of domestic relations shall serve on the children	42424
services board and the county advisory board.	42425

(3) If the judge of the court of common pleas of Clark	42426
county, division of domestic relations, is sick, absent, or unable	42427
to perform that judge's judicial duties or if the presiding judge	42428
of the court of common pleas of Clark county determines that the	42429
volume of cases pending in the division of domestic relations	42430
necessitates it, the duties of the judge of the division of	42431
domestic relations shall be performed by the judges of the general	42432
division or probate division of the court of common pleas of Clark	42433
county, as assigned for that purpose by the presiding judge of	42434
that court, and the judges so assigned shall act in conjunction	42435
with the judge of the division of domestic relations of that	42436
court.	42437

(X) In Scioto county, the judge of the court of common pleas	42438
whose term begins January 2, 1995, and successors, shall have the	42439
same qualifications, exercise the same powers and jurisdiction,	42440
and receive the same compensation as other judges of the court of	42441
common pleas of Scioto county and shall be elected and designated	42442
as judge of the court of common pleas, division of domestic	42443
relations. The judge shall be assigned all divorce, dissolution of	42444
marriage, legal separation, and annulment cases, all cases arising	42445
under Chapter 3111. of the Revised Code, all proceedings involving	42446
child support, the allocation of parental rights and	42447
responsibilities for the care of children and the designation for	42448
the children of a place of residence and legal custodian,	42449
parenting time, visitation, and all post-decree proceedings and	42450
matters arising from those cases and proceedings, except in cases	42451
that for some special reason are assigned to another judge of the	42452
court of common pleas. The judge shall be charged with the	42453
assignment and division of the work of the division and with the	42454
employment and supervision of the personnel of the division.	42455

The judge shall designate the title, compensation, expense	42456
allowances, hours, leaves of absence, and vacations of the	42457
personnel of the division and shall fix the duties of the	42458
personnel of the division. The duties of the personnel, in	42459
addition to other statutory duties, include the handling,	42460
servicing, and investigation of divorce, dissolution of marriage,	42461
legal separation, and annulment cases, cases arising under Chapter	42462
3111. of the Revised Code, and proceedings involving child	42463
support, the allocation of parental rights and responsibilities	42464
for the care of children and the designation for the children of a	42465
place of residence and legal custodian, parenting time, and	42466
visitation, and providing counseling and conciliation services	42467
that the division makes available to persons, whether or not the	42468
persons are parties to an action pending in the division, who	42469
request the services.	42470

(Y) In Auglaize county, the judge of the probate and juvenile	42471
divisions of the Auglaize county court of common pleas also shall	42472
be the administrative judge of the domestic relations division of	42473
the court and shall be assigned all divorce, dissolution of	42474
marriage, legal separation, and annulment cases coming before the	42475
court. The judge shall have all powers as administrator of the	42476
domestic relations division and shall have charge of the personnel	42477
engaged in handling, servicing, or investigating divorce,	42478
dissolution of marriage, legal separation, and annulment cases,	42479
including any referees considered necessary for the discharge of	42480
the judge's various duties.	42481

(Z)(1) In Marion county, the judge of the court of common	42482
pleas whose term begins on February 9, 1999, and the successors to	42483
that judge, shall have the same qualifications, exercise the same	42484
powers and jurisdiction, and receive the same compensation as the	42485
other judges of the court of common pleas of Marion county and	42486
shall be elected and designated as judge of the court of common	42487
pleas, domestic relations-juvenile-probate division. Except as	42488
otherwise specified in this division, that judge, and the	42489
successors to that judge, shall have all the powers relating to	42490
juvenile courts, and all cases under Chapters 2151. and 2152. of	42491
the Revised Code, all cases arising under Chapter 3111. of the	42492
Revised Code, all divorce, dissolution of marriage, legal	42493
separation, and annulment cases, all proceedings involving child	42494
support, the allocation of parental rights and responsibilities	42495
for the care of children and the designation for the children of a	42496
place of residence and legal custodian, parenting time, and	42497
visitation, and all post-decree proceedings and matters arising	42498
from those cases and proceedings shall be assigned to that judge	42499
and the successors to that judge. Except as provided in division	42500
(Z)(2) of this section and notwithstanding any other provision of	42501
any section of the Revised Code, on and after February 9, 2003,	42502
the judge of the court of common pleas of Marion county whose term	42503
begins on February 9, 1999, and the successors to that judge,	42504
shall have all the powers relating to the probate division of the	42505
court of common pleas of Marion county in addition to the powers	42506
previously specified in this division, and shall exercise	42507
concurrent jurisdiction with the judge of the probate division of	42508
that court over all matters that are within the jurisdiction of	42509
the probate division of that court under Chapter 2101., and other	42510
provisions, of the Revised Code in addition to the jurisdiction of	42511
the domestic relations-juvenile-probate division of that court	42512
otherwise specified in division (Z)(1) of this section.	42513

(2) The judge of the domestic relations-juvenile-probate	42514
division of the court of common pleas of Marion county or the	42515
judge of the probate division of the court of common pleas of	42516
Marion county, whichever of those judges is senior in total length	42517
of service on the court of common pleas of Marion county,	42518
regardless of the division or divisions of service, shall serve as	42519
the clerk of the probate division of the court of common pleas of	42520
Marion county.	42521

(3) On and after February 9, 2003, all references in law to	42522
"the probate court," "the probate judge," "the juvenile court," or	42523
"the judge of the juvenile court" shall be construed, with respect	42524
to Marion county, as being references to both "the probate	42525
division" and "the domestic relations-juvenile-probate division"	42526
and as being references to both "the judge of the probate	42527
division" and "the judge of the domestic relations-	42528
juvenile-probate division." On and after February 9, 2003, all	42529
references in law to "the clerk of the probate court" shall be	42530
construed, with respect to Marion county, as being references to	42531
the judge who is serving pursuant to division (Z)(2) of this	42532
section as the clerk of the probate division of the court of	42533
common pleas of Marion county.	42534

(AA) In Muskingum county, the judge of the court of common	42535
pleas whose term begins on January 2, 2003, and successors, shall	42536
have the same qualifications, exercise the same powers and	42537
jurisdiction, and receive the same compensation as the other	42538
judges of the court of common pleas of Muskingum county and shall	42539
be elected and designated as the judge of the court of common	42540
pleas, division of domestic relations. The judge shall be assigned	42541
all divorce, dissolution of marriage, legal separation, and	42542
annulment cases, all cases arising under Chapter 3111. of the	42543
Revised Code, all proceedings involving child support, the	42544
allocation of parental rights and responsibilities for the care of	42545
children and the designation for the children of a place of	42546
residence and legal custodian, parenting time, and visitation, and	42547
all post-decree proceedings and matters arising from those cases	42548
and proceedings, except in cases that for some special reason are	42549
assigned to another judge of the court of common pleas. The judge	42550
shall be charged with the assignment and division of the work of	42551
the division and with the employment and supervision of the	42552
personnel of the division.	42553

The judge shall designate the title, compensation, expense	42554
allowances, hours, leaves of absence, and vacations of the	42555
personnel of the division and shall fix the duties of the	42556
personnel of the division. The duties of the personnel of the	42557
division, in addition to other statutory duties, shall include the	42558
handling, servicing, and investigation of divorce, dissolution of	42559
marriage, legal separation, and annulment cases, cases arising	42560
under Chapter 3111. of the Revised Code, and proceedings involving	42561
child support, the allocation of parental rights and	42562
responsibilities for the care of children and the designation for	42563
the children of a place of residence and legal custodian,	42564
parenting time, and visitation and providing any counseling and	42565
conciliation services that the division makes available to	42566
persons, whether or not the persons are parties to an action	42567
pending in the division, who request the services.	42568

(BB) In Henry county, the judge of the court of common pleas	42569
whose term begins on January 1, 2005, and successors, shall have	42570
the same qualifications, exercise the same powers and	42571
jurisdiction, and receive the same compensation as the other judge	42572
of the court of common pleas of Henry county and shall be elected	42573
and designated as the judge of the court of common pleas, division	42574
of domestic relations. The judge shall have all of the powers	42575
relating to juvenile courts, and all cases under Chapter 2151. or	42576
2152. of the Revised Code, all parentage proceedings arising under	42577
Chapter 3111. of the Revised Code over which the juvenile court	42578
has jurisdiction, all divorce, dissolution of marriage, legal	42579
separation, and annulment cases, all proceedings involving child	42580
support, the allocation of parental rights and responsibilities	42581
for the care of children and the designation for the children of a	42582
place of residence and legal custodian, parenting time, and	42583
visitation, and all post-decree proceedings and matters arising	42584
from those cases and proceedings shall be assigned to that judge,	42585
except in cases that for some special reason are assigned to the	42586
other judge of the court of common pleas.	42587

(CC)(1) In Logan county, the judge of the court of common	42588
pleas whose term begins January 2, 2005, and the successors to	42589
that judge, shall have the same qualifications, exercise the same	42590
powers and jurisdiction, and receive the same compensation as the	42591
other judges of the court of common pleas of Logan county and	42592
shall be elected and designated as judge of the court of common	42593
pleas, domestic relations-juvenile-probate division. Except as	42594
otherwise specified in this division, that judge, and the	42595
successors to that judge, shall have all the powers relating to	42596
juvenile courts, and all cases under Chapters 2151. and 2152. of	42597
the Revised Code, all cases arising under Chapter 3111. of the	42598
Revised Code, all divorce, dissolution of marriage, legal	42599
separation, and annulment cases, all proceedings involving child	42600
support, the allocation of parental rights and responsibilities	42601
for the care of children and designation for the children of a	42602
place of residence and legal custodian, parenting time, and	42603
visitation, and all post-decree proceedings and matters arising	42604
from those cases and proceedings shall be assigned to that judge	42605
and the successors to that judge. Notwithstanding any other	42606
provision of any section of the Revised Code, on and after January	42607
2, 2005, the judge of the court of common pleas of Logan county	42608
whose term begins on January 2, 2005, and the successors to that	42609
judge, shall have all the powers relating to the probate division	42610
of the court of common pleas of Logan county in addition to the	42611
powers previously specified in this division and shall exercise	42612
concurrent jurisdiction with the judge of the probate division of	42613
that court over all matters that are within the jurisdiction of	42614
the probate division of that court under Chapter 2101., and other	42615
provisions, of the Revised Code in addition to the jurisdiction of	42616
the domestic relations-juvenile-probate division of that court	42617
otherwise specified in division (CC)(1) of this section.	42618

(2) The judge of the domestic relations-juvenile-probate	42619
division of the court of common pleas of Logan county or the	42620
probate judge of the court of common pleas of Logan county who is	42621
elected as the administrative judge of the probate division of the	42622
court of common pleas of Logan county pursuant to Rule 4 of the	42623
Rules of Superintendence shall be the clerk of the probate	42624
division and juvenile division of the court of common pleas of	42625
Logan county. The clerk of the court of common pleas who is	42626
elected pursuant to section 2303.01 of the Revised Code shall keep	42627
all of the journals, records, books, papers, and files pertaining	42628
to the domestic relations cases.	42629

(3) On and after January 2, 2005, all references in law to	42630
"the probate court," "the probate judge," "the juvenile court," or	42631
"the judge of the juvenile court" shall be construed, with respect	42632
to Logan county, as being references to both "the probate	42633
division" and the "domestic relations-juvenile-probate division"	42634
and as being references to both "the judge of the probate	42635
division" and the "judge of the domestic	42636
relations-juvenile-probate division." On and after January 2,	42637
2005, all references in law to "the clerk of the probate court"	42638
shall be construed, with respect to Logan county, as being	42639
references to the judge who is serving pursuant to division	42640
(CC)(2) of this section as the clerk of the probate division of	42641
the court of common pleas of Logan county.	42642

(DD)(1) In Champaign county, the judge of the court of common	42643
pleas whose term begins February 9, 2003, and the judge of the	42644
court of common pleas whose term begins February 10, 2009, and the	42645
successors to those judges, shall have the same qualifications,	42646
exercise the same powers and jurisdiction, and receive the same	42647
compensation as the other judges of the court of common pleas of	42648
Champaign county and shall be elected and designated as judges of	42649
the court of common pleas, domestic relations-juvenile-probate	42650
division. Except as otherwise specified in this division, those	42651
judges, and the successors to those judges, shall have all the	42652
powers relating to juvenile courts, and all cases under Chapters	42653
2151. and 2152. of the Revised Code, all cases arising under	42654
Chapter 3111. of the Revised Code, all divorce, dissolution of	42655
marriage, legal separation, and annulment cases, all proceedings	42656
involving child support, the allocation of parental rights and	42657
responsibilities for the care of children and the designation for	42658
the children of a place of residence and legal custodian,	42659
parenting time, and visitation, and all post-decree proceedings	42660
and matters arising from those cases and proceedings shall be	42661
assigned to those judges and the successors to those judges.	42662
Notwithstanding any other provision of any section of the Revised	42663
Code, on and after February 9, 2009, the judges designated by this	42664
division as judges of the court of common pleas of Champaign	42665
county, domestic relations-juvenile-probate division, and the	42666
successors to those judges, shall have all the powers relating to	42667
probate courts in addition to the powers previously specified in	42668
this division and shall exercise jurisdiction over all matters	42669
that are within the jurisdiction of probate courts under Chapter	42670
2101., and other provisions, of the Revised Code in addition to	42671
the jurisdiction of the domestic relations-juvenile-probate	42672
division otherwise specified in division (DD)(1) of this section.	42673

(2) On and after February 9, 2009, all references in law to	42674
"the probate court," "the probate judge," "the juvenile court," or	42675
"the judge of the juvenile court" shall be construed with respect	42676
to Champaign county as being references to the "domestic	42677
relations-juvenile-probate division" and as being references to	42678
the "judge of the domestic relations-juvenile-probate division."	42679
On and after February 9, 2009, all references in law to "the clerk	42680
of the probate court" shall be construed with respect to Champaign	42681
county as being references to the judge who is serving pursuant to	42682
Rule 4 of the Rules of Superintendence for the Courts of Ohio as	42683
the administrative judge of the court of common pleas, domestic	42684
relations-juvenile-probate division.	42685

(EE) If a judge of the court of common pleas, division of	42686
domestic relations, or juvenile judge, of any of the counties	42687
mentioned in this section is sick, absent, or unable to perform	42688
that judge's judicial duties or the volume of cases pending in the	42689
judge's division necessitates it, the duties of that judge shall	42690
be performed by another judge of the court of common pleas of that	42691
county, assigned for that purpose by the presiding judge of the	42692
court of common pleas of that county to act in place of or in	42693
conjunction with that judge, as the case may require.	42694

Sec. 2301.031. (A)(1) The domestic relations judges of a	42695
domestic relations division created by section 2301.03 of the	42696
Revised Code may determine that, for the efficient operation of	42697
their division, additional funds are required to computerize the	42698
division, to make available computerized legal research services,	42699
or both. Upon making a determination that additional funds are	42700
required for either or both of those purposes, the judges shall do	42701
one of the following:	42702

(a) Authorize and direct the clerk or a deputy clerk of the	42703
division to charge one additional fee not to exceed three dollars	42704
on the filing of each cause of action or appeal under division	42705
(A), (Q), or (U) of section 2303.20 of the Revised Code;	42706

(b) If the clerk of the court of common pleas serves as the	42707
clerk of the division, authorize and direct the clerk of the court	42708
of common pleas to charge one additional fee not to exceed three	42709
dollars on the filing of each cause of action or appeal under	42710
division (A), (Q), or (U) of section 2303.20 of the Revised Code.	42711

(2) All moneys collected under division (A)(1) of this	42712
section shall be paid to the county treasurer. The treasurer shall	42713
place the moneys from the fees in a separate fund to be disbursed,	42714
upon an order of the domestic relations judges, subject to an	42715
appropriation by the board of county commissioners, in an amount	42716
no greater than the actual cost to the division of procuring and	42717
maintaining computerization of the court, computerized legal	42718
research services, or both.	42719

(3) If the court determines that the funds in the fund	42720
described in division (A)(2) of this section are more than	42721
sufficient to satisfy the purpose for which the additional fee	42722
described in division (A)(1) of this section was imposed, the	42723
court may declare a surplus in the fund and, subject to an	42724
appropriation by the board of county commissioners, expend those	42725
surplus funds for other appropriate technological expenses of the	42726
court.	42727

(B)(1) If the clerk of the court of common pleas is not	42728
serving as the clerk of a juvenile or domestic relations division	42729
created by section 2301.03 of the Revised Code, the juvenile or	42730
domestic relations judges may determine that, for the efficient	42731
operation of their division, additional funds are required to	42732
computerize the office of the clerk of their division and, upon	42733
that determination, may authorize and direct the clerk or a deputy	42734
clerk of their division to charge an additional fee, not to exceed	42735
ten dollars, on the filing of each cause of action or appeal, on	42736
the filing, docketing, and endorsing of each certificate of	42737
judgment, or on the docketing and indexing of each aid in	42738
execution or petition to vacate, revive, or modify a judgment	42739
under divisions (A), (P), (Q), (T), and (U) of section 2303.20 of	42740
the Revised Code. Subject to division (B)(2) of this section, all	42741
moneys collected under this division shall be paid to the county	42742
treasurer to be disbursed, upon an order of the juvenile or	42743
domestic relations judges and subject to appropriation by the	42744
board of county commissioners, in an amount no greater than the	42745
actual cost to the juvenile or domestic relations division of	42746
procuring and maintaining computer systems for the clerk's office.	42747

(2) If juvenile or domestic relations judges make the	42748
determination described in division (B)(1) of this section, the	42749
board of county commissioners may issue one or more general	42750
obligation bonds for the purpose of procuring and maintaining the	42751
computer systems for the office of the clerk of the juvenile or	42752
domestic relations division. In addition to the purposes stated in	42753
division (B)(1) of this section for which the moneys collected	42754
under that division may be expended, the moneys additionally may	42755
be expended to pay debt charges on and financing costs related to	42756
any general obligation bonds issued pursuant to this division as	42757
they become due. General obligation bonds issued pursuant to this	42758
division are Chapter 133. securities.	42759

Sec. 2301.18. The court of common pleas shall appoint a	42760
~~steongraphic~~ reporter as the official ~~shorthand~~ reporter of ~~such~~	42761
the court~~, who shall hold the appointment~~ for a term not exceeding	42762
three years ~~from the date thereof~~, unless removed by the court,	42763
after a good cause shown, for neglect of duty, misconduct in	42764
office, or incompetency. ~~Such~~The court of common pleas may	42765
appoint assistant reporters as the business of the court requires,	42766
for terms not exceeding three years under one appointment. The	42767
official ~~shorthand~~ reporter and assistant reporters shall take an	42768
oath faithfully and impartially to discharge the duties of ~~such~~	42769
~~position~~their positions.	42770

Sec. 2301.20. ~~Upon the trial of a~~All civil orand criminal	42771
~~action~~actions in the court of common pleas~~, if either party to~~	42772
~~the action or his attorney requests the services of a shorthand~~	42773
~~reporter, the trial judge shall grant the request, or may order a~~	42774
~~full report of the testimony or other proceedings. In either case,~~	42775
~~the shorthand~~shall be recorded. The reporter shall take accurate	42776
~~shorthand~~ notes of, or shall electronically record, the oral	42777
testimony ~~or other oral proceedings~~. The notes and electronic	42778
records shall be filed in the office of the official ~~shorthand~~	42779
reporter and carefully preserved for either of the following	42780
periods of time:	42781

(A) If the action is not a capital case, the notes and	42782
electronic records shall be preserved for the period of time	42783
specified by the court of common pleas, which period of time shall	42784
not be longer than the period of time that the other records of	42785
the particular action are required to be kept;.	42786

(B) If the action is a capital case, the notes and electronic	42787
records shall be preserved for the longer of ten years or until	42788
the final disposition of the action.	42789

Sec. 2301.21. In every case ~~reported~~recorded as provided in	42790
section 2301.20 of the Revised Code, there shall be taxed for each	42791
day's service of the official or assistant ~~shorthand~~ reporters a	42792
fee of twenty-five dollars, to be collected as other costs in the	42793
case. The fees so collected shall be paid quarterly by the clerk	42794
of the court of common pleas in which the cases were tried into	42795
the treasury of the county and shall be credited by the county	42796
treasurer to the general fund.	42797

Sec. 2301.22. Each ~~shorthand~~ reporter shall receive such	42798
compensation as the court of common pleas making the appointment	42799
fixes. ~~Such~~That compensation shall be in place of all per diem	42800
compensation in ~~such~~those courts. In case ~~such~~the appointment is	42801
for a term of less than one year, ~~such~~the court may allow a per	42802
diem compensation to be fixed by the court, plus actual and	42803
necessary expenses incurred, for each day ~~such shorthand~~the	42804
reporter is actually engaged in taking testimony or performing	42805
other duties under the orders of ~~such~~the court, which allowance	42806
shall be in full payment for all services so rendered.	42807

The county auditor shall issue warrants on the county	42808
treasurer for the payment of ~~such~~the compensation under this	42809
section in equal monthly installments~~, when~~if the compensation is	42810
allowed annually, and ~~when~~ in case of services per diem, for the	42811
amount of the bill approved by the court, from the general fund	42812
upon the presentation of a certified copy of the journal entry of	42813
appointment and compensation of ~~such shorthand~~the reporters.	42814

Sec. 2301.23. When ~~shorthand~~ notes have been taken or an	42815
electronic recording has been made in a case as provided in	42816
section 2301.20 of the Revised Code, if the court, or either party	42817
to the suit ~~or his attorney,~~ requests written transcripts of any	42818
portion of ~~such notes in longhand~~the proceeding, the ~~shorthand~~	42819
reporter reporting the case shall make full and accurate	42820
transcripts of the notes ~~for the use of such court or party~~or	42821
electronic recording. The court may direct the official ~~shorthand~~	42822
reporter to furnish to the court and the parties copies of	42823
decisions rendered and charges delivered by the court in pending	42824
cases.	42825

When the compensation for transcripts, copies of decisions,	42826
or charges is taxed as a part of the costs, ~~such~~the transcripts,	42827
copies of decisions, and charges shall remain on file with the	42828
papers of the case.	42829

Sec. 2301.24. The compensation of ~~shorthand~~ reporters for	42830
making written transcripts ~~and copies~~ as provided in section	42831
2301.23 of the Revised Code shall be fixed by ~~the judges of~~ the	42832
court of common pleas of the county ~~wherein~~in which the trial is	42833
~~had~~held. ~~Such~~If more than one transcript of the same testimony	42834
or proceeding is ordered, the reporter shall make copies of the	42835
transcript at cost pursuant to division (B)(1) of section 149.43	42836
of the Revised Code, or shall provide an electronic copy of the	42837
transcript free of charge. The compensation shall be paid	42838
~~forthwith~~ by the party for whose benefit a transcript is made. The	42839
compensation for transcripts ~~of testimony~~ requested by the	42840
prosecuting attorney ~~during trial~~or an indigent defendant in	42841
criminal cases or by the trial judge, in either civil or criminal	42842
cases, and for copies of decisions and charges furnished by	42843
direction of the court shall be paid from the county treasury, and	42844
taxed and collected as costs.	42845

Sec. 2301.25. When ordered by the prosecuting attorney or	42846
the defendant in a criminal ~~trial,~~case or when ordered by a judge	42847
of the court of common pleas ~~for his use,~~ in either civil or	42848
criminal cases, the costs of transcripts ~~mentioned in section~~	42849
~~2301.23 of the Revised Code,~~ shall be taxed as costs in the case,	42850
collected as other costs, whether ~~such~~the transcripts have been	42851
prepaid or not, as provided by section 2301.24 of the Revised	42852
Code, ~~and~~ paid by the clerk of the court of common pleas,	42853
quarterly, into the county treasury, and credited to the general	42854
fund. If, upon final judgment, the costs or any part ~~thereof shall~~	42855
beof the costs are adjudged against a defendant in a criminal	42856
case, hethe defendant shall be allowed credit on the cost bill of	42857
the amount paid ~~by him~~ for the transcript ~~he ordered~~ and, if the	42858
costs are finally adjudged against the state, the defendant shall	42859
have ~~his~~the defendant's deposit refunded. ~~When more than one~~	42860
~~transcript of the same testimony or proceedings is ordered at the~~	42861
~~same time by the same party, or by the court, the compensation for~~	42862
~~making such additional transcript shall be one-half the~~	42863
~~compensation allowed for the first copy, and shall be paid for in~~	42864
~~the same manner except that where ordered by the same party only~~	42865
~~the cost of the original shall be taxed as costs.~~ All ~~such~~	42866
transcripts shall be taken and received as prima-facie evidence of	42867
their correctness. ~~When~~If the testimony of witnesses is taken	42868
before the grand jury by ~~shorthand~~ reporters, they shall receive	42869
for ~~such~~the transcripts ~~as are ordered by the prosecuting~~	42870
~~attorney~~ the same compensation ~~per folio~~ and be paid ~~therefor~~ in	42871
the same manner as provided in this section and section 2301.24 of	42872
the Revised Code.	42873

Sec. 2301.26. ~~Shorthand reporters~~Reporters appointed under	42874
~~sections~~section 2301.18 ~~and 2301.19~~ of the Revised Code, may be	42875
appointed referees to take and report evidence in causes pending	42876
in any of the courts of this state. In the taking of evidence as	42877
~~such~~ referees, ~~they~~the reporters may administer oaths to	42878
witnesses. They shall be furnished by the board of county	42879
commissioners with a suitable room in the courthouse, and with	42880
~~stationery,~~ supplies and ~~other~~ equipment necessary infor the	42881
proper discharge of their duties and for the preservation of their	42882
~~stenographic~~ notes and electronic records. ~~Such~~The notes and	42883
electronic records shall be the property of the county and	42884
carefully preserved in the office of the ~~shorthand~~ reporters.	42885

Sec. 2303.201. (A)(1) The court of common pleas of any	42886
county may determine that for the efficient operation of the court	42887
additional funds are required to computerize the court, to make	42888
available computerized legal research services, or to do both.	42889
Upon making a determination that additional funds are required for	42890
either or both of those purposes, the court shall authorize and	42891
direct the clerk of the court of common pleas to charge one	42892
additional fee, not to exceed three dollars, on the filing of each	42893
cause of action or appeal under divisions (A), (Q), and (U) of	42894
section 2303.20 of the Revised Code.	42895

(2) All fees collected under division (A)(1) of this section	42896
shall be paid to the county treasurer. The treasurer shall place	42897
the funds from the fees in a separate fund to be disbursed, upon	42898
an order of the court, subject to an appropriation by the board of	42899
county commissioners, in an amount not greater than the actual	42900
cost to the court of procuring and maintaining computerization of	42901
the court, computerized legal research services, or both.	42902

(3) If the court determines that the funds in the fund	42903
described in division (A)(2) of this section are more than	42904
sufficient to satisfy the purpose for which the additional fee	42905
described in division (A)(1) of this section was imposed, the	42906
court may declare a surplus in the fund and, subject to an	42907
appropriation by the board of county commissioners, expend those	42908
surplus funds for other appropriate technological expenses of the	42909
court.	42910

(B)(1) The court of common pleas of any county may determine	42911
that, for the efficient operation of the court, additional funds	42912
are required to computerize the office of the clerk of the court	42913
of common pleas and, upon that determination, authorize and direct	42914
the clerk of the court of common pleas to charge an additional	42915
fee, not to exceed ten dollars, on the filing of each cause of	42916
action or appeal, on the filing, docketing, and endorsing of each	42917
certificate of judgment, or on the docketing and indexing of each	42918
aid in execution or petition to vacate, revive, or modify a	42919
judgment under divisions (A), (P), (Q), (T), and (U) of section	42920
2303.20 of the Revised Code. Subject to division (B)(2) of this	42921
section, all moneys collected under division (B)(1) of this	42922
section shall be paid to the county treasurer to be disbursed,	42923
upon an order of the court of common pleas and subject to	42924
appropriation by the board of county commissioners, in an amount	42925
no greater than the actual cost to the court of procuring and	42926
maintaining computer systems for the office of the clerk of the	42927
court of common pleas.	42928

(2) If the court of common pleas of a county makes the	42929
determination described in division (B)(1) of this section, the	42930
board of county commissioners of that county may issue one or more	42931
general obligation bonds for the purpose of procuring and	42932
maintaining the computer systems for the office of the clerk of	42933
the court of common pleas. In addition to the purposes stated in	42934
division (B)(1) of this section for which the moneys collected	42935
under that division may be expended, the moneys additionally may	42936
be expended to pay debt charges on and financing costs related to	42937
any general obligation bonds issued pursuant to division (B)(2) of	42938
this section as they become due. General obligation bonds issued	42939
pursuant to division (B)(2) of this section are Chapter 133.	42940
securities.	42941

(C) The court of common pleas shall collect the sum of	42942
twenty-six dollars as additional filing fees in each new civil	42943
action or proceeding for the charitable public purpose of	42944
providing financial assistance to legal aid societies that operate	42945
within the state and to support the office of the state public	42946
defender. This division does not apply to proceedings concerning	42947
annulments, dissolutions of marriage, divorces, legal separation,	42948
spousal support, marital property or separate property	42949
distribution, support, or other domestic relations matters; to a	42950
juvenile division of a court of common pleas; to a probate	42951
division of a court of common pleas, except that the additional	42952
filing fees shall apply to name change, guardianship, adoption,	42953
and decedents' estate proceedings; or to an execution on a	42954
judgment, proceeding in aid of execution, or other post-judgment	42955
proceeding arising out of a civil action. The filing fees required	42956
to be collected under this division shall be in addition to any	42957
other filing fees imposed in the action or proceeding and shall be	42958
collected at the time of the filing of the action or proceeding.	42959
The court shall not waive the payment of the additional filing	42960
fees in a new civil action or proceeding unless the court waives	42961
the advanced payment of all filing fees in the action or	42962
proceeding. All such moneys collected during a month except for an	42963
amount equal to up to one per cent of those moneys retained to	42964
cover administrative costs shall be transmitted on or before the	42965
twentieth day of the following month by the clerk of the court to	42966
the treasurer of state in a manner prescribed by the treasurer of	42967
state or by the Ohio legal assistance foundation. The treasurer of	42968
state shall deposit four per cent of the funds collected under	42969
this division to the credit of the civil case filing fee fund	42970
established under section 120.07 of the Revised Code and	42971
ninety-six per cent of the funds collected under this division to	42972
the credit of the legal aid fund established under section 120.52	42973
of the Revised Code.	42974

The court may retain up to one per cent of the moneys it	42975
collects under this division to cover administrative costs,	42976
including the hiring of any additional personnel necessary to	42977
implement this division. If the court fails to transmit to the	42978
treasurer of state the moneys the court collects under this	42979
division in a manner prescribed by the treasurer of state or by	42980
the Ohio legal assistance foundation, the court shall forfeit the	42981
moneys the court retains under this division to cover	42982
administrative costs, including the hiring of any additional	42983
personnel necessary to implement this division, and shall transmit	42984
to the treasurer of state all moneys collected under this	42985
division, including the forfeited amount retained for	42986
administrative costs, for deposit in the legal aid fund.	42987

(D) On and after the thirtieth day after December 9, 1994,	42988
the court of common pleas shall collect the sum of thirty-two	42989
dollars as additional filing fees in each new action or proceeding	42990
for annulment, divorce, or dissolution of marriage for the purpose	42991
of funding shelters for victims of domestic violence pursuant to	42992
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	42993
required to be collected under this division shall be in addition	42994
to any other filing fees imposed in the action or proceeding and	42995
shall be collected at the time of the filing of the action or	42996
proceeding. The court shall not waive the payment of the	42997
additional filing fees in a new action or proceeding for	42998
annulment, divorce, or dissolution of marriage unless the court	42999
waives the advanced payment of all filing fees in the action or	43000
proceeding. On or before the twentieth day of each month, all	43001
moneys collected during the immediately preceding month pursuant	43002
to this division shall be deposited by the clerk of the court into	43003
the county treasury in the special fund used for deposit of	43004
additional marriage license fees as described in section 3113.34	43005
of the Revised Code. Upon their deposit into the fund, the moneys	43006
shall be retained in the fund and expended only as described in	43007
section 3113.34 of the Revised Code.	43008

(E)(1) The court of common pleas may determine that, for the	43009
efficient operation of the court, additional funds are necessary	43010
to acquire and pay for special projects of the court, including,	43011
but not limited to, the acquisition of additional facilities or	43012
the rehabilitation of existing facilities, the acquisition of	43013
equipment, the hiring and training of staff, community service	43014
programs, mediation or dispute resolution services, the employment	43015
of magistrates, the training and education of judges, acting	43016
judges, and magistrates, and other related services. Upon that	43017
determination, the court by rule may charge a fee, in addition to	43018
all other court costs, on the filing of each criminal cause, civil	43019
action or proceeding, or judgment by confession.	43020

If the court of common pleas offers a special program or	43021
service in cases of a specific type, the court by rule may assess	43022
an additional charge in a case of that type, over and above court	43023
costs, to cover the special program or service. The court shall	43024
adjust the special assessment periodically, but not retroactively,	43025
so that the amount assessed in those cases does not exceed the	43026
actual cost of providing the service or program.	43027

All moneys collected under division (E) of this section shall	43028
be paid to the county treasurer for deposit into either a general	43029
special projects fund or a fund established for a specific special	43030
project. Moneys from a fund of that nature shall be disbursed upon	43031
an order of the court, subject to an appropriation by the board of	43032
county commissioners, in an amount no greater than the actual cost	43033
to the court of a project. If a specific fund is terminated	43034
because of the discontinuance of a program or service established	43035
under division (E) of this section, the court may order, subject	43036
to an appropriation by the board of county commissioners, that	43037
moneys remaining in the fund be transferred to an account	43038
established under this division for a similar purpose.	43039

(2) As used in division (E) of this section:

43040

(a) "Criminal cause" means a charge alleging the violation of	43041
a statute or ordinance, or subsection of a statute or ordinance,	43042
that requires a separate finding of fact or a separate plea before	43043
disposition and of which the defendant may be found guilty,	43044
whether filed as part of a multiple charge on a single summons,	43045
citation, or complaint or as a separate charge on a single	43046
summons, citation, or complaint. "Criminal cause" does not include	43047
separate violations of the same statute or ordinance, or	43048
subsection of the same statute or ordinance, unless each charge is	43049
filed on a separate summons, citation, or complaint.	43050

(b) "Civil action or proceeding" means any civil litigation	43051
that must be determined by judgment entry.	43052

Sec. 2305.01. Except as otherwise provided by this section	43053
or section 2305.03 of the Revised Code, the court of common pleas	43054
has original jurisdiction in all civil cases in which the sum or	43055
matter in dispute exceeds the exclusive original jurisdiction of	43056
county courts and appellate jurisdiction from the decisions of	43057
boards of county commissioners. The court of common pleas shall	43058
not have jurisdiction, in any tort action to which the amounts	43059
apply, to award punitive or exemplary damages that exceed the	43060
amounts set forth in section 2315.21 of the Revised Code. The	43061
court of common pleas shall not have jurisdiction in any tort	43062
action to which the limits apply to enter judgment on an award of	43063
compensatory damages for noneconomic loss in excess of the limits	43064
set forth in section 2315.18 of the Revised Code.	43065

The court of common pleas may on its own motion transfer for	43066
trial any action in the court to any municipal court in the county	43067
having concurrent jurisdiction of the subject matter of, and the	43068
parties to, the action, if the amount sought by the plaintiff does	43069
not exceed one thousand dollars and if the judge or presiding	43070
judge of the municipal court concurs in the proposed transfer.	43071
Upon the issuance of an order of transfer, the clerk of courts	43072
shall remove to the designated municipal court the entire case	43073
file. Any untaxed portion of the common pleas deposit for court	43074
costs shall be remitted to the municipal court by the clerk of	43075
courts to be applied in accordance with section 1901.26 of the	43076
Revised Code, and the costs taxed by the municipal court shall be	43077
added to any costs taxed in the common pleas court.	43078

The court of common pleas has jurisdiction in any action	43079
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	43080
Revised Code if the residential premises that are the subject of	43081
the action are located within the territorial jurisdiction of the	43082
court.	43083

The courts of common pleas of Adams, Athens, Belmont, Brown,	43084
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	43085
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	43086
beyond the north or northwest shore of the Ohio river extending to	43087
the opposite shore line, between the extended boundary lines of	43088
any adjacent counties or adjacent state. Each of those courts of	43089
common pleas has concurrent jurisdiction on the Ohio river with	43090
any adjacent court of common pleas that borders on that river and	43091
with any court of Kentucky or of West Virginia that borders on the	43092
Ohio river and that has jurisdiction on the Ohio river under the	43093
law of Kentucky or the law of West Virginia, whichever is	43094
applicable, or under federal law.	43095

Sec. 2305.232. (A) No person who gives aid or advice in an	43096
emergency situation relating to the prevention of an imminent	43097
release of hazardous material, to the clean-up or disposal of	43098
hazardous material that has been released, or to the related	43099
mitigation of the effects of a release of hazardous material, nor	43100
the public or private employer of such a person, is liable in	43101
civil damages as a result of the aid or advice if all of the	43102
following apply:	43103

(1) The aid or advice was given at the request of:

43104

(a) A sheriff, the chief of police or other chief officer of	43105
the law enforcement agency of a municipal corporation, the chief	43106
of police of a township police district or joint police district,	43107
the chief of a fire department, the state fire marshal, the	43108
director of environmental protection, the chairperson of the	43109
public utilities commission, the superintendent of the state	43110
highway patrol, the executive director of the emergency management	43111
agency, the chief executive of a municipal corporation, or the	43112
authorized representative of any such official, or the legislative	43113
authority of a township or county; or	43114

(b) The owner or manufacturer of the hazardous material, an	43115
association of manufacturers of the hazardous material, or a	43116
hazardous material mutual aid group.	43117

(2) The person giving the aid or advice acted without	43118
anticipating remuneration for self or the person's employer from	43119
the governmental official, authority, or agency that requested the	43120
aid or advice;	43121

(3) The person giving the aid or advice was specially	43122
qualified by training or experience to give the aid or advice;	43123

(4) Neither the person giving the aid or advice nor the	43124
public or private employer of the person giving the aid or advice	43125
was responsible for causing the release or threat of release nor	43126
would otherwise be liable for damages caused by the release;	43127

(5) The person giving the aid or advice did not engage in	43128
willful, wanton, or reckless misconduct or grossly negligent	43129
conduct in giving the aid or advice;	43130

(6) The person giving the aid or advice notified the	43131
emergency response section of the environmental protection agency	43132
prior to giving the aid or advice.	43133

(B) The immunity conferred by this section does not limit the	43134
liability of any person whose action caused or contributed to the	43135
release of hazardous material. That person is liable for any	43136
enhancement of damages caused by the person giving aid or advice	43137
under this section unless the enhancement of damages was caused by	43138
the willful, wanton, or reckless misconduct or grossly negligent	43139
conduct of the person giving aid or advice.	43140

(C) This section does not apply to any person rendering care,	43141
assistance, or advice in response to a discharge of oil when that	43142
person's immunity from liability is subject to determination under	43143
section 2305.39 of the Revised Code.	43144

(D) As used in this section:

43145

(1) "Hazardous material" means any material designated as	43146
such under the "Hazardous Materials Transportation Act," 88 Stat.	43147
2156 (1975), 49 U.S.C.A. 1803, as amended.	43148

(2) "Mutual aid group" means any group formed at the federal,	43149
state, regional, or local level whose members agree to respond to	43150
incidents involving hazardous material whether or not they	43151
shipped, transported, manufactured, or were at all connected with	43152
the hazardous material involved in a particular incident.	43153

(3) "Discharge" and "oil" have the same meanings as in	43154
section 2305.39 of the Revised Code.	43155

Sec. 2317.02. The following persons shall not testify in	43156
certain respects:	43157

(A)(1) An attorney, concerning a communication made to the	43158
attorney by a client in that relation or the attorney's advice to	43159
a client, except that the attorney may testify by express consent	43160
of the client or, if the client is deceased, by the express	43161
consent of the surviving spouse or the executor or administrator	43162
of the estate of the deceased client. However, if the client	43163
voluntarily testifies or is deemed by section 2151.421 of the	43164
Revised Code to have waived any testimonial privilege under this	43165
division, the attorney may be compelled to testify on the same	43166
subject.	43167

The testimonial privilege established under this division	43168
does not apply concerning a communication between a client who has	43169
since died and the deceased client's attorney if the communication	43170
is relevant to a dispute between parties who claim through that	43171
deceased client, regardless of whether the claims are by testate	43172
or intestate succession or by inter vivos transaction, and the	43173
dispute addresses the competency of the deceased client when the	43174
deceased client executed a document that is the basis of the	43175
dispute or whether the deceased client was a victim of fraud,	43176
undue influence, or duress when the deceased client executed a	43177
document that is the basis of the dispute.	43178

(2) An attorney, concerning a communication made to the	43179
attorney by a client in that relationship or the attorney's advice	43180
to a client, except that if the client is an insurance company,	43181
the attorney may be compelled to testify, subject to an in camera	43182
inspection by a court, about communications made by the client to	43183
the attorney or by the attorney to the client that are related to	43184
the attorney's aiding or furthering an ongoing or future	43185
commission of bad faith by the client, if the party seeking	43186
disclosure of the communications has made a prima facie showing of	43187
bad faith, fraud, or criminal misconduct by the client.	43188

(B)(1) A physician or a dentist concerning a communication	43189
made to the physician or dentist by a patient in that relation or	43190
the physician's or dentist's advice to a patient, except as	43191
otherwise provided in this division, division (B)(2), and division	43192
(B)(3) of this section, and except that, if the patient is deemed	43193
by section 2151.421 of the Revised Code to have waived any	43194
testimonial privilege under this division, the physician may be	43195
compelled to testify on the same subject.	43196

The testimonial privilege established under this division	43197
does not apply, and a physician or dentist may testify or may be	43198
compelled to testify, in any of the following circumstances:	43199

(a) In any civil action, in accordance with the discovery	43200
provisions of the Rules of Civil Procedure in connection with a	43201
civil action, or in connection with a claim under Chapter 4123. of	43202
the Revised Code, under any of the following circumstances:	43203

(i) If the patient or the guardian or other legal	43204
representative of the patient gives express consent;	43205

(ii) If the patient is deceased, the spouse of the patient or	43206
the executor or administrator of the patient's estate gives	43207
express consent;	43208

(iii) If a medical claim, dental claim, chiropractic claim,	43209
or optometric claim, as defined in section 2305.113 of the Revised	43210
Code, an action for wrongful death, any other type of civil	43211
action, or a claim under Chapter 4123. of the Revised Code is	43212
filed by the patient, the personal representative of the estate of	43213
the patient if deceased, or the patient's guardian or other legal	43214
representative.	43215

(b) In any civil action concerning court-ordered treatment or	43216
services received by a patient, if the court-ordered treatment or	43217
services were ordered as part of a case plan journalized under	43218
section 2151.412 of the Revised Code or the court-ordered	43219
treatment or services are necessary or relevant to dependency,	43220
neglect, or abuse or temporary or permanent custody proceedings	43221
under Chapter 2151. of the Revised Code.	43222

(c) In any criminal action concerning any test or the results	43223
of any test that determines the presence or concentration of	43224
alcohol, a drug of abuse, a combination of them, a controlled	43225
substance, or a metabolite of a controlled substance in the	43226
patient's whole blood, blood serum or plasma, breath, urine, or	43227
other bodily substance at any time relevant to the criminal	43228
offense in question.	43229

(d) In any criminal action against a physician or dentist. In	43230
such an action, the testimonial privilege established under this	43231
division does not prohibit the admission into evidence, in	43232
accordance with the Rules of Evidence, of a patient's medical or	43233
dental records or other communications between a patient and the	43234
physician or dentist that are related to the action and obtained	43235
by subpoena, search warrant, or other lawful means. A court that	43236
permits or compels a physician or dentist to testify in such an	43237
action or permits the introduction into evidence of patient	43238
records or other communications in such an action shall require	43239
that appropriate measures be taken to ensure that the	43240
confidentiality of any patient named or otherwise identified in	43241
the records is maintained. Measures to ensure confidentiality that	43242
may be taken by the court include sealing its records or deleting	43243
specific information from its records.	43244

(e)(i) If the communication was between a patient who has	43245
since died and the deceased patient's physician or dentist, the	43246
communication is relevant to a dispute between parties who claim	43247
through that deceased patient, regardless of whether the claims	43248
are by testate or intestate succession or by inter vivos	43249
transaction, and the dispute addresses the competency of the	43250
deceased patient when the deceased patient executed a document	43251
that is the basis of the dispute or whether the deceased patient	43252
was a victim of fraud, undue influence, or duress when the	43253
deceased patient executed a document that is the basis of the	43254
dispute.	43255

(ii) If neither the spouse of a patient nor the executor or	43256
administrator of that patient's estate gives consent under	43257
division (B)(1)(a)(ii) of this section, testimony or the	43258
disclosure of the patient's medical records by a physician,	43259
dentist, or other health care provider under division (B)(1)(e)(i)	43260
of this section is a permitted use or disclosure of protected	43261
health information, as defined in 45 C.F.R. 160.103, and an	43262
authorization or opportunity to be heard shall not be required.	43263

(iii) Division (B)(1)(e)(i) of this section does not require	43264
a mental health professional to disclose psychotherapy notes, as	43265
defined in 45 C.F.R. 164.501.	43266

(iv) An interested person who objects to testimony or	43267
disclosure under division (B)(1)(e)(i) of this section may seek a	43268
protective order pursuant to Civil Rule 26.	43269

(v) A person to whom protected health information is	43270
disclosed under division (B)(1)(e)(i) of this section shall not	43271
use or disclose the protected health information for any purpose	43272
other than the litigation or proceeding for which the information	43273
was requested and shall return the protected health information to	43274
the covered entity or destroy the protected health information,	43275
including all copies made, at the conclusion of the litigation or	43276
proceeding.	43277

(2)(a) If any law enforcement officer submits a written	43278
statement to a health care provider that states that an official	43279
criminal investigation has begun regarding a specified person or	43280
that a criminal action or proceeding has been commenced against a	43281
specified person, that requests the provider to supply to the	43282
officer copies of any records the provider possesses that pertain	43283
to any test or the results of any test administered to the	43284
specified person to determine the presence or concentration of	43285
alcohol, a drug of abuse, a combination of them, a controlled	43286
substance, or a metabolite of a controlled substance in the	43287
person's whole blood, blood serum or plasma, breath, or urine at	43288
any time relevant to the criminal offense in question, and that	43289
conforms to section 2317.022 of the Revised Code, the provider,	43290
except to the extent specifically prohibited by any law of this	43291
state or of the United States, shall supply to the officer a copy	43292
of any of the requested records the provider possesses. If the	43293
health care provider does not possess any of the requested	43294
records, the provider shall give the officer a written statement	43295
that indicates that the provider does not possess any of the	43296
requested records.	43297

(b) If a health care provider possesses any records of the	43298
type described in division (B)(2)(a) of this section regarding the	43299
person in question at any time relevant to the criminal offense in	43300
question, in lieu of personally testifying as to the results of	43301
the test in question, the custodian of the records may submit a	43302
certified copy of the records, and, upon its submission, the	43303
certified copy is qualified as authentic evidence and may be	43304
admitted as evidence in accordance with the Rules of Evidence.	43305
Division (A) of section 2317.422 of the Revised Code does not	43306
apply to any certified copy of records submitted in accordance	43307
with this division. Nothing in this division shall be construed to	43308
limit the right of any party to call as a witness the person who	43309
administered the test to which the records pertain, the person	43310
under whose supervision the test was administered, the custodian	43311
of the records, the person who made the records, or the person	43312
under whose supervision the records were made.	43313

(3)(a) If the testimonial privilege described in division	43314
(B)(1) of this section does not apply as provided in division	43315
(B)(1)(a)(iii) of this section, a physician or dentist may be	43316
compelled to testify or to submit to discovery under the Rules of	43317
Civil Procedure only as to a communication made to the physician	43318
or dentist by the patient in question in that relation, or the	43319
physician's or dentist's advice to the patient in question, that	43320
related causally or historically to physical or mental injuries	43321
that are relevant to issues in the medical claim, dental claim,	43322
chiropractic claim, or optometric claim, action for wrongful	43323
death, other civil action, or claim under Chapter 4123. of the	43324
Revised Code.	43325

(b) If the testimonial privilege described in division (B)(1)	43326
of this section does not apply to a physician or dentist as	43327
provided in division (B)(1)(c) of this section, the physician or	43328
dentist, in lieu of personally testifying as to the results of the	43329
test in question, may submit a certified copy of those results,	43330
and, upon its submission, the certified copy is qualified as	43331
authentic evidence and may be admitted as evidence in accordance	43332
with the Rules of Evidence. Division (A) of section 2317.422 of	43333
the Revised Code does not apply to any certified copy of results	43334
submitted in accordance with this division. Nothing in this	43335
division shall be construed to limit the right of any party to	43336
call as a witness the person who administered the test in	43337
question, the person under whose supervision the test was	43338
administered, the custodian of the results of the test, the person	43339
who compiled the results, or the person under whose supervision	43340
the results were compiled.	43341

(4) The testimonial privilege described in division (B)(1) of	43342
this section is not waived when a communication is made by a	43343
physician to a pharmacist or when there is communication between a	43344
patient and a pharmacist in furtherance of the physician-patient	43345
relation.	43346

(5)(a) As used in divisions (B)(1) to (4) of this section,	43347
"communication" means acquiring, recording, or transmitting any	43348
information, in any manner, concerning any facts, opinions, or	43349
statements necessary to enable a physician or dentist to diagnose,	43350
treat, prescribe, or act for a patient. A "communication" may	43351
include, but is not limited to, any medical or dental, office, or	43352
hospital communication such as a record, chart, letter,	43353
memorandum, laboratory test and results, x-ray, photograph,	43354
financial statement, diagnosis, or prognosis.	43355

(b) As used in division (B)(2) of this section, "health care	43356
provider" means a hospital, ambulatory care facility, long-term	43357
care facility, pharmacy, emergency facility, or health care	43358
practitioner.	43359

43360

(i) "Ambulatory care facility" means a facility that provides	43361
medical, diagnostic, or surgical treatment to patients who do not	43362
require hospitalization, including a dialysis center, ambulatory	43363
surgical facility, cardiac catheterization facility, diagnostic	43364
imaging center, extracorporeal shock wave lithotripsy center, home	43365
health agency, inpatient hospice, birthing center, radiation	43366
therapy center, emergency facility, and an urgent care center.	43367
"Ambulatory health care facility" does not include the private	43368
office of a physician or dentist, whether the office is for an	43369
individual or group practice.	43370

(ii) "Emergency facility" means a hospital emergency	43371
department or any other facility that provides emergency medical	43372
services.	43373

(iii) "Health care practitioner" has the same meaning as in	43374
section 4769.01 of the Revised Code.	43375

(iv) "Hospital" has the same meaning as in section 3727.01 of	43376
the Revised Code.	43377

(v) "Long-term care facility" means a nursing home,	43378
residential care facility, or home for the aging, as those terms	43379
are defined in section 3721.01 of the Revised Code; an adult care	43380
facility, as defined in section ~~3722.01~~5119.70 of the Revised	43381
Code; a nursing facility or intermediate care facility for the	43382
mentally retarded, as those terms are defined in section 5111.20	43383
of the Revised Code; a facility or portion of a facility certified	43384
as a skilled nursing facility under Title XVIII of the "Social	43385
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	43386

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	43387
the Revised Code.	43388

(d) As used in divisions (B)(1) and (2) of this section,	43389
"drug of abuse" has the same meaning as in section 4506.01 of the	43390
Revised Code.	43391

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	43392
apply to doctors of medicine, doctors of osteopathic medicine,	43393
doctors of podiatry, and dentists.	43394

(7) Nothing in divisions (B)(1) to (6) of this section	43395
affects, or shall be construed as affecting, the immunity from	43396
civil liability conferred by section 307.628 of the Revised Code	43397
or the immunity from civil liability conferred by section 2305.33	43398
of the Revised Code upon physicians who report an employee's use	43399
of a drug of abuse, or a condition of an employee other than one	43400
involving the use of a drug of abuse, to the employer of the	43401
employee in accordance with division (B) of that section. As used	43402
in division (B)(7) of this section, "employee," "employer," and	43403
"physician" have the same meanings as in section 2305.33 of the	43404
Revised Code.	43405

(C)(1) A cleric, when the cleric remains accountable to the	43406
authority of that cleric's church, denomination, or sect,	43407
concerning a confession made, or any information confidentially	43408
communicated, to the cleric for a religious counseling purpose in	43409
the cleric's professional character. The cleric may testify by	43410
express consent of the person making the communication, except	43411
when the disclosure of the information is in violation of a sacred	43412
trust and except that, if the person voluntarily testifies or is	43413
deemed by division (A)(4)(c) of section 2151.421 of the Revised	43414
Code to have waived any testimonial privilege under this division,	43415
the cleric may be compelled to testify on the same subject except	43416
when disclosure of the information is in violation of a sacred	43417
trust.	43418

(2) As used in division (C) of this section:

43419

(a) "Cleric" means a member of the clergy, rabbi, priest,	43420
Christian Science practitioner, or regularly ordained, accredited,	43421
or licensed minister of an established and legally cognizable	43422
church, denomination, or sect.	43423

(b) "Sacred trust" means a confession or confidential	43424
communication made to a cleric in the cleric's ecclesiastical	43425
capacity in the course of discipline enjoined by the church to	43426
which the cleric belongs, including, but not limited to, the	43427
Catholic Church, if both of the following apply:	43428

(i) The confession or confidential communication was made	43429
directly to the cleric.	43430

(ii) The confession or confidential communication was made in	43431
the manner and context that places the cleric specifically and	43432
strictly under a level of confidentiality that is considered	43433
inviolate by canon law or church doctrine.	43434

(D) Husband or wife, concerning any communication made by one	43435
to the other, or an act done by either in the presence of the	43436
other, during coverture, unless the communication was made, or act	43437
done, in the known presence or hearing of a third person competent	43438
to be a witness; and such rule is the same if the marital relation	43439
has ceased to exist;	43440

(E) A person who assigns a claim or interest, concerning any	43441
matter in respect to which the person would not, if a party, be	43442
permitted to testify;	43443

(F) A person who, if a party, would be restricted under	43444
section 2317.03 of the Revised Code, when the property or thing is	43445
sold or transferred by an executor, administrator, guardian,	43446
trustee, heir, devisee, or legatee, shall be restricted in the	43447
same manner in any action or proceeding concerning the property or	43448
thing.	43449

(G)(1) A school guidance counselor who holds a valid educator	43450
license from the state board of education as provided for in	43451
section 3319.22 of the Revised Code, a person licensed under	43452
Chapter 4757. of the Revised Code as a professional clinical	43453
counselor, professional counselor, social worker, independent	43454
social worker, marriage and family therapist or independent	43455
marriage and family therapist, or registered under Chapter 4757.	43456
of the Revised Code as a social work assistant concerning a	43457
confidential communication received from a client in that relation	43458
or the person's advice to a client unless any of the following	43459
applies:	43460

(a) The communication or advice indicates clear and present	43461
danger to the client or other persons. For the purposes of this	43462
division, cases in which there are indications of present or past	43463
child abuse or neglect of the client constitute a clear and	43464
present danger.	43465

(b) The client gives express consent to the testimony.

43466

(c) If the client is deceased, the surviving spouse or the	43467
executor or administrator of the estate of the deceased client	43468
gives express consent.	43469

(d) The client voluntarily testifies, in which case the	43470
school guidance counselor or person licensed or registered under	43471
Chapter 4757. of the Revised Code may be compelled to testify on	43472
the same subject.	43473

(e) The court in camera determines that the information	43474
communicated by the client is not germane to the counselor-client,	43475
marriage and family therapist-client, or social worker-client	43476
relationship.	43477

(f) A court, in an action brought against a school, its	43478
administration, or any of its personnel by the client, rules after	43479
an in-camera inspection that the testimony of the school guidance	43480
counselor is relevant to that action.	43481

(g) The testimony is sought in a civil action and concerns	43482
court-ordered treatment or services received by a patient as part	43483
of a case plan journalized under section 2151.412 of the Revised	43484
Code or the court-ordered treatment or services are necessary or	43485
relevant to dependency, neglect, or abuse or temporary or	43486
permanent custody proceedings under Chapter 2151. of the Revised	43487
Code.	43488

(2) Nothing in division (G)(1) of this section shall relieve	43489
a school guidance counselor or a person licensed or registered	43490
under Chapter 4757. of the Revised Code from the requirement to	43491
report information concerning child abuse or neglect under section	43492
2151.421 of the Revised Code.	43493

(H) A mediator acting under a mediation order issued under	43494
division (A) of section 3109.052 of the Revised Code or otherwise	43495
issued in any proceeding for divorce, dissolution, legal	43496
separation, annulment, or the allocation of parental rights and	43497
responsibilities for the care of children, in any action or	43498
proceeding, other than a criminal, delinquency, child abuse, child	43499
neglect, or dependent child action or proceeding, that is brought	43500
by or against either parent who takes part in mediation in	43501
accordance with the order and that pertains to the mediation	43502
process, to any information discussed or presented in the	43503
mediation process, to the allocation of parental rights and	43504
responsibilities for the care of the parents' children, or to the	43505
awarding of parenting time rights in relation to their children;	43506

(I) A communications assistant, acting within the scope of	43507
the communication assistant's authority, when providing	43508
telecommunications relay service pursuant to section 4931.06 of	43509
the Revised Code or Title II of the "Communications Act of 1934,"	43510
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	43511
made through a telecommunications relay service. Nothing in this	43512
section shall limit the obligation of a communications assistant	43513
to divulge information or testify when mandated by federal law or	43514
regulation or pursuant to subpoena in a criminal proceeding.	43515

Nothing in this section shall limit any immunity or privilege	43516
granted under federal law or regulation.	43517

(J)(1) A chiropractor in a civil proceeding concerning a	43518
communication made to the chiropractor by a patient in that	43519
relation or the chiropractor's advice to a patient, except as	43520
otherwise provided in this division. The testimonial privilege	43521
established under this division does not apply, and a chiropractor	43522
may testify or may be compelled to testify, in any civil action,	43523
in accordance with the discovery provisions of the Rules of Civil	43524
Procedure in connection with a civil action, or in connection with	43525
a claim under Chapter 4123. of the Revised Code, under any of the	43526
following circumstances:	43527

(a) If the patient or the guardian or other legal	43528
representative of the patient gives express consent.	43529

(b) If the patient is deceased, the spouse of the patient or	43530
the executor or administrator of the patient's estate gives	43531
express consent.	43532

(c) If a medical claim, dental claim, chiropractic claim, or	43533
optometric claim, as defined in section 2305.113 of the Revised	43534
Code, an action for wrongful death, any other type of civil	43535
action, or a claim under Chapter 4123. of the Revised Code is	43536
filed by the patient, the personal representative of the estate of	43537
the patient if deceased, or the patient's guardian or other legal	43538
representative.	43539

(2) If the testimonial privilege described in division (J)(1)	43540
of this section does not apply as provided in division (J)(1)(c)	43541
of this section, a chiropractor may be compelled to testify or to	43542
submit to discovery under the Rules of Civil Procedure only as to	43543
a communication made to the chiropractor by the patient in	43544
question in that relation, or the chiropractor's advice to the	43545
patient in question, that related causally or historically to	43546
physical or mental injuries that are relevant to issues in the	43547
medical claim, dental claim, chiropractic claim, or optometric	43548
claim, action for wrongful death, other civil action, or claim	43549
under Chapter 4123. of the Revised Code.	43550

(3) The testimonial privilege established under this division	43551
does not apply, and a chiropractor may testify or be compelled to	43552
testify, in any criminal action or administrative proceeding.	43553

(4) As used in this division, "communication" means	43554
acquiring, recording, or transmitting any information, in any	43555
manner, concerning any facts, opinions, or statements necessary to	43556
enable a chiropractor to diagnose, treat, or act for a patient. A	43557
communication may include, but is not limited to, any	43558
chiropractic, office, or hospital communication such as a record,	43559
chart, letter, memorandum, laboratory test and results, x-ray,	43560
photograph, financial statement, diagnosis, or prognosis.	43561

(K)(1) Except as provided under division (K)(2) of this	43562
section, a critical incident stress management team member	43563
concerning a communication received from an individual who	43564
receives crisis response services from the team member, or the	43565
team member's advice to the individual, during a debriefing	43566
session.	43567

(2) The testimonial privilege established under division	43568
(K)(1) of this section does not apply if any of the following are	43569
true:	43570

(a) The communication or advice indicates clear and present	43571
danger to the individual who receives crisis response services or	43572
to other persons. For purposes of this division, cases in which	43573
there are indications of present or past child abuse or neglect of	43574
the individual constitute a clear and present danger.	43575

(b) The individual who received crisis response services	43576
gives express consent to the testimony.	43577

(c) If the individual who received crisis response services	43578
is deceased, the surviving spouse or the executor or administrator	43579
of the estate of the deceased individual gives express consent.	43580

(d) The individual who received crisis response services	43581
voluntarily testifies, in which case the team member may be	43582
compelled to testify on the same subject.	43583

(e) The court in camera determines that the information	43584
communicated by the individual who received crisis response	43585
services is not germane to the relationship between the individual	43586
and the team member.	43587

(f) The communication or advice pertains or is related to any	43588
criminal act.	43589

(3) As used in division (K) of this section:

43590

(a) "Crisis response services" means consultation, risk	43591
assessment, referral, and on-site crisis intervention services	43592
provided by a critical incident stress management team to	43593
individuals affected by crisis or disaster.	43594

(b) "Critical incident stress management team member" or	43595
"team member" means an individual specially trained to provide	43596
crisis response services as a member of an organized community or	43597
local crisis response team that holds membership in the Ohio	43598
critical incident stress management network.	43599

(c) "Debriefing session" means a session at which crisis	43600
response services are rendered by a critical incident stress	43601
management team member during or after a crisis or disaster.	43602

(L)(1) Subject to division (L)(2) of this section and except	43603
as provided in division (L)(3) of this section, an employee	43604
assistance professional, concerning a communication made to the	43605
employee assistance professional by a client in the employee	43606
assistance professional's official capacity as an employee	43607
assistance professional.	43608

(2) Division (L)(1) of this section applies to an employee	43609
assistance professional who meets either or both of the following	43610
requirements:	43611

(a) Is certified by the employee assistance certification	43612
commission to engage in the employee assistance profession;	43613

(b) Has education, training, and experience in all of the	43614
following:	43615

(i) Providing workplace-based services designed to address	43616
employer and employee productivity issues;	43617

(ii) Providing assistance to employees and employees'	43618
dependents in identifying and finding the means to resolve	43619
personal problems that affect the employees or the employees'	43620
performance;	43621

(iii) Identifying and resolving productivity problems	43622
associated with an employee's concerns about any of the following	43623
matters: health, marriage, family, finances, substance abuse or	43624
other addiction, workplace, law, and emotional issues;	43625

(iv) Selecting and evaluating available community resources;

43626

(v) Making appropriate referrals;

43627

(vi) Local and national employee assistance agreements;

43628

(vii) Client confidentiality.

43629

(3) Division (L)(1) of this section does not apply to any of	43630
the following:	43631

(a) A criminal action or proceeding involving an offense	43632
under sections 2903.01 to 2903.06 of the Revised Code if the	43633
employee assistance professional's disclosure or testimony relates	43634
directly to the facts or immediate circumstances of the offense;	43635

(b) A communication made by a client to an employee	43636
assistance professional that reveals the contemplation or	43637
commission of a crime or serious, harmful act;	43638

(c) A communication that is made by a client who is an	43639
unemancipated minor or an adult adjudicated to be incompetent and	43640
indicates that the client was the victim of a crime or abuse;	43641

(d) A civil proceeding to determine an individual's mental	43642
competency or a criminal action in which a plea of not guilty by	43643
reason of insanity is entered;	43644

(e) A civil or criminal malpractice action brought against	43645
the employee assistance professional;	43646

(f) When the employee assistance professional has the express	43647
consent of the client or, if the client is deceased or disabled,	43648
the client's legal representative;	43649

(g) When the testimonial privilege otherwise provided by	43650
division (L)(1) of this section is abrogated under law.	43651

Sec. 2317.422. (A) Notwithstanding sections 2317.40 and	43652
2317.41 of the Revised Code but subject to division (B) of this	43653
section, the records, or copies or photographs of the records, of	43654
a hospital, homes required to be licensed pursuant to section	43655
3721.01 of the Revised Code, and adult care facilities required to	43656
be licensed pursuant to Chapter ~~3722.~~5119. of the Revised Code,	43657
in lieu of the testimony in open court of their custodian, person	43658
who made them, or person under whose supervision they were made,	43659
may be qualified as authentic evidence if any such person endorses	43660
thereon the person's verified certification identifying such	43661
records, giving the mode and time of their preparation, and	43662
stating that they were prepared in the usual course of the	43663
business of the institution. Such records, copies, or photographs	43664
may not be qualified by certification as provided in this section	43665
unless the party intending to offer them delivers a copy of them,	43666
or of their relevant portions, to the attorney of record for each	43667
adverse party not less than five days before trial. Nothing in	43668
this section shall be construed to limit the right of any party to	43669
call the custodian, person who made such records, or person under	43670
whose supervision they were made, as a witness.	43671

(B) Division (A) of this section does not apply to any	43672
certified copy of the results of any test given to determine the	43673
presence or concentration of alcohol, a drug of abuse, a	43674
combination of them, a controlled substance, or a metabolite of a	43675
controlled substance in a patient's whole blood, blood serum or	43676
plasma, breath, or urine at any time relevant to a criminal	43677
offense that is submitted in a criminal action or proceeding in	43678
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02	43679
of the Revised Code.	43680

Sec. 2319.27. Except as section 147.08 of the Revised Code	43681
governs the fees chargeable by a notary public for services	43682
rendered in connection with depositions, the fees and expenses	43683
chargeable for the taking and certifying of a deposition by a	43684
person who is authorized to do so in this state, including, but	43685
not limited to, a ~~shorthand~~ reporter, stenographer, or person	43686
described in Civil Rule 28, may be established by that person	43687
subject to the qualification specified in this section, and may be	43688
different than the fees and expenses charged for the taking and	43689
certifying of depositions by similar persons in other areas of	43690
this state. Unless, prior to the taking and certifying of a	43691
deposition, the parties who request it agree that the fees or	43692
expenses to be charged may exceed the usual and customary fees or	43693
expenses charged in the particular community for similar services,	43694
such a person shall not charge fees or expenses in connection with	43695
the taking and certifying of the deposition that exceed those	43696
usual and customary fees and expenses.	43697

The person taking and certifying a deposition may retain the	43698
deposition until the fees and expenses that hethe person charged	43699
are paid. HeThe person also shall tax the costs, if any, of a	43700
sheriff or other officer who serves any process in connection with	43701
the taking of a deposition and the fees of the witnesses, and, if	43702
directed by a person entitled to those costs or fees, may retain	43703
the deposition until those costs or fees are paid.	43704

Sec. 2329.26. (A) Lands and tenements taken in execution	43705
shall not be sold until all of the following occur:	43706

(1)(a) Except as otherwise provided in division (A)(1)(b) of	43707
this section, the judgment creditor who seeks the sale of the	43708
lands and tenements or the judgment creditor's attorney does both	43709
of the following:	43710

(i) Causes a written notice of the date, time, and place of	43711
the sale to be served in accordance with divisions (A) and (B) of	43712
Civil Rule 5 upon the judgment debtor and upon each other party to	43713
the action in which the judgment giving rise to the execution was	43714
rendered;	43715

(ii) At least seven calendar days prior to the date of the	43716
sale, files with the clerk of the court that rendered the judgment	43717
giving rise to the execution a copy of the written notice	43718
described in division (A)(1)(a)(i) of this section with proof of	43719
service endorsed on the copy in the form described in division (D)	43720
of Civil Rule 5.	43721

(b) Service of the written notice described in division	43722
(A)(1)(a)(i) of this section is not required to be made upon any	43723
party who is in default for failure to appear in the action in	43724
which the judgment giving rise to the execution was rendered.	43725

(2) The officer taking the lands and tenements gives public	43726
notice of the date, time, and place of the sale once a week for at	43727
least three consecutive weeks before the day of sale by	43728
advertisement in a newspaper ~~published in and~~ of general	43729
circulation in the county. The newspaper shall meet the	43730
requirements of section 7.12 of the Revised Code. The court	43731
ordering the sale may designate in the order of sale the newspaper	43732
in which this public notice shall be published~~, and this public~~	43733
~~notice is subject to division (A) of section 2329.27 of the~~	43734
~~Revised Code~~.	43735

(3) The officer taking the lands and tenements shall collect	43736
the purchaser's information required by section 2329.271 of the	43737
Revised Code.	43738

(B) A sale of lands and tenements taken in execution may be	43739
set aside in accordance with division (A) or (B) of section	43740
2329.27 of the Revised Code.	43741

Sec. 2335.05. In all cases or proceedings not specified in	43742
sections 2335.06 and 2335.08 of the Revised Code, except as	43743
otherwise provided in section 2335.061 of the Revised Code, each	43744
person subpoenaed as a witness shall be allowed one dollar for	43745
each day's attendance and the mileage allowed in courts of record.	43746
~~When~~If not subpoenaed each person called upon to testify in a	43747
case or proceeding shall receive twenty-five cents. Such fee shall	43748
be taxed in the bill of costs, and if incurred in a state or	43749
ordinance case, or in a proceeding before a public officer, board,	43750
or commission, the fee shall be paid out of the proper public	43751
treasury, upon the certificate of the court, officer, board, or	43752
commission conducting the proceeding.	43753

Sec. 2335.06. ~~Each~~(A) Except as otherwise provided in	43754
section 2335.061 of the Revised Code, each witness in civil cases	43755
shall receive the following fees:	43756

~~(A)~~(1) Twelve dollars for each full day's attendance and six	43757
dollars for each half day's attendance at a court of record,	43758
mayor's court, or before a person authorized to take depositions,	43759
to be taxed in the bill of costs. Each witness shall also receive	43760
reimbursement for each mile necessarily traveled to and from the	43761
witness's place of residence to the place of giving testimony, to	43762
be taxed in the bill of costs. The board of county commissioners	43763
of each county shall set the reimbursement rate for each mile	43764
necessarily traveled by a witness in a civil case in the common	43765
pleas court, any division of the common pleas court, a county	43766
court, or a county-operated municipal court. The rate shall not	43767
exceed fifty and one-half cents for each mile.	43768

~~(B)~~(2) For attending a coroner's inquest, the same fees and	43769
mileage provided by division (A)(1) of this section, payable from	43770
the county treasury on the certificate of the coroner.	43771

~~(C)~~(B) As used in this section, "full day's attendance" means	43772
a day on which a witness is required or requested to be present at	43773
proceedings before and after twelve noon regardless of whether the	43774
witness actually testifies; "half day's attendance" means a day on	43775
which a witness is required or requested to be present at	43776
proceedings either before or after twelve noon, but not both,	43777
regardless of whether the witness actually testifies.	43778

Sec. 2335.061. (A) As used in this section:

43779

(1) "Coroner" has the same meaning as in section 313.01 of	43780
the Revised Code, and includes the following:	43781

(a) The coroner of a county other than a county in which the	43782
death occurred or the dead human body was found if the coroner of	43783
that other county performed services for the county in which the	43784
death occurred or the dead human body was found;	43785

(b) A medical examiner appointed by the governing authority	43786
of a county to perform the duties of a coroner set forth in	43787
Chapter 313. of the Revised Code.	43788

(2) "Deposition fee" means the amount derived by multiplying	43789
the hourly rate by the number of hours a coroner or deputy coroner	43790
spent preparing for and giving expert testimony at a deposition in	43791
a civil action pursuant to this section.	43792

(3) "Deputy coroner" means a pathologist serving as a deputy	43793
coroner.	43794

(4) "Expert testimony" means testimony given by a coroner or	43795
deputy coroner as an expert witness pursuant to this section and	43796
the Rules of Evidence.	43797

(5) "Fact testimony" means testimony given by a coroner or	43798
deputy coroner regarding the performance of the duties of the	43799
coroner as set forth in Chapter 313. of the Revised Code. "Fact	43800
testimony" does not include expert testimony.	43801

(6) "Hourly rate" means the compensation established in	43802
sections 325.15 and 325.18 of the Revised Code for a coroner	43803
without a private practice of medicine at the class 8 level for	43804
calendar year 2001 and thereafter, divided by two thousand eighty.	43805

(7) "Testimonial fee" means the amount derived by multiplying	43806
the hourly rate by six and multiplying the product by the number	43807
of hours that a coroner or deputy coroner spent preparing for and	43808
giving expert testimony at a trial or hearing in a civil action	43809
pursuant to this section.	43810

(B)(1) A party may subpoena a coroner or deputy coroner to	43811
give expert testimony at a trial, hearing, or deposition in a	43812
civil action only upon filing with the court a notice that	43813
includes all of the following:	43814

(a) The name of the coroner or deputy coroner whose testimony	43815
is sought;	43816

(b) A brief statement of the issues upon which the party	43817
seeks expert testimony from the coroner or deputy coroner;	43818

(c) An acknowledgment by the party that the giving of expert	43819
testimony by the coroner or deputy coroner at the trial, hearing,	43820
or deposition is governed by this section and that the party will	43821
comply with all of the requirements of this section;	43822

(d) A statement of the obligations of the coroner or deputy	43823
coroner under division (C) of this section.	43824

(2) The notice under division (B)(1) of this section shall be	43825
served together with the subpoena.	43826

(C) A party that obtains the expert testimony of a coroner or	43827
deputy coroner at a trial, hearing, or deposition in a civil	43828
action pursuant to division (B) or (D) of this section shall pay	43829
to the treasury of the county in which the coroner or deputy	43830
coroner holds office or is appointed or employed a testimonial fee	43831
or deposition fee, whichever is applicable, within thirty days	43832
after receiving the statement described in this division. Upon the	43833
conclusion of the coroner's or deputy coroner's expert testimony,	43834
the coroner or deputy coroner shall file a statement with the	43835
court on behalf of the county in which the coroner or deputy	43836
coroner holds office or is appointed or employed showing the fee	43837
due and how the coroner or deputy coroner calculated the fee. The	43838
coroner or deputy coroner shall serve a copy of the statement on	43839
each of the parties.	43840

(D) For good cause shown, the court may permit a coroner or	43841
deputy coroner who has not been served with a subpoena under	43842
division (B) of this section to give expert testimony at a trial,	43843
hearing, or deposition in a civil action. Unless good cause is	43844
shown, the failure of a party to file with the court the notice	43845
described in division (B)(1) of this section prohibits the party	43846
from having a coroner or deputy coroner subpoenaed to give expert	43847
testimony at a trial, hearing, or deposition in a civil action or	43848
from otherwise calling the coroner or a deputy coroner to give	43849
expert testimony at a trial, hearing, or deposition in a civil	43850
action.	43851

(E) In the event of a dispute as to the contents of the	43852
notice filed by a party under division (B) of this section or as	43853
to the nature of the testimony sought from or given by a coroner	43854
or a deputy coroner at a trial, hearing, or deposition in a civil	43855
action, the court shall determine whether the testimony sought	43856
from or given by the coroner or deputy coroner is expert testimony	43857
or fact testimony. In making this determination, the court shall	43858
consider all of the following:	43859

(1) The definitions of "expert testimony" and "fact	43860
testimony" set forth in this section;	43861

(2) All applicable rules of evidence;

43862

(3) Any other information that the court considers relevant.

43863

(F) Nothing in this section shall be construed to alter,	43864
amend, or supersede the requirements of the Rules of Civil	43865
Procedure or the Rules of Evidence.	43866

Sec. 2501.16. (A) Each court of appeals may appoint one or	43867
more official ~~shorthand~~ reporters, law clerks, secretaries, and	43868
any other employees that the court considers necessary for its	43869
efficient operation.	43870

The clerk of the court of common pleas, acting as the clerk	43871
of the court of appeals for the county, shall perform the duties	43872
otherwise performed and collect the fees otherwise collected by	43873
the clerk of the court of common pleas, as set forth in section	43874
2303.03 of the Revised Code, and shall maintain the files and	43875
records of the court. The clerk of the court of common pleas,	43876
acting as the clerk of the court of appeals for the county, may	43877
refuse to accept for filing any pleading or paper submitted for	43878
filing by a person who has been found to be a vexatious litigator	43879
under section 2323.52 of the Revised Code and who has failed to	43880
obtain leave from the court of appeals to proceed under that	43881
section. The overhead expenses pertaining to the office of the	43882
clerk of the court of common pleas that result from the clerk's	43883
acting as clerk of the court of appeals for the county, other than	43884
wages and salaries, shall be paid from the funds provided under	43885
sections 2501.18 and 2501.181 of the Revised Code.	43886

Each officer and employee appointed pursuant to this section	43887
shall take an oath of office, serve at the pleasure of the court,	43888
and perform any duties that the court directs. Each ~~shorthand~~	43889
reporter shall have the powers that are vested in official	43890
~~shorthand~~ reporters of the court of common pleas under sections	43891
2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per	43892
curiam, or report of a case has been prepared in accordance with	43893
section 2503.20 of the Revised Code, the official ~~shorthand~~	43894
reporter immediately shall forward one copy of the opinion, per	43895
curiam, or report to the reporter of the supreme court, without	43896
expense to the reporter.	43897

(B) The court of appeals may determine that, for the	43898
efficient operation of the court, additional funds are necessary	43899
to acquire and pay for special projects of the court, including,	43900
but not limited to, the acquisition of additional facilities or	43901
the rehabilitation of existing facilities, the acquisition of	43902
equipment, the hiring and training of staff, the employment of	43903
magistrates, the training and education of judges, acting judges,	43904
and magistrates, community service programs, and other related	43905
services. Upon that determination, the court by rule may charge a	43906
fee, in addition to all other court costs, on the filing of each	43907
case or cause over which the court has jurisdiction.	43908

If the court of appeals offers a special program or service	43909
in cases of a specific type, the court by rule may assess an	43910
additional charge in a case of that type, over and above court	43911
costs, to cover the special program or service. The court shall	43912
adjust the special assessment periodically, but not retroactively,	43913
so that the amount assessed in those cases does not exceed the	43914
actual cost of providing the service or program.	43915

All moneys collected under division (B) of this section shall	43916
be paid to the county treasurer of the county selected as the	43917
principal seat of that court of appeals for deposit into either a	43918
general special projects fund or a fund established for a specific	43919
special project. Moneys from a fund of that nature shall be	43920
disbursed upon an order of the court in an amount no greater than	43921
the actual cost to the court of a project. If a specific fund is	43922
terminated because of the discontinuance of a program or service	43923
established under division (B) of this section, the court may	43924
order that moneys remaining in the fund be transferred to an	43925
account established under this division for a similar purpose.	43926

Sec. 2501.17. Each officer and employee of a court of	43927
appeals appointed under section 2501.16 of the Revised Code shall	43928
receive the compensation that is fixed by the court of appeals and	43929
payable from the state treasury upon the certificate of the	43930
presiding or administrative judge of the district in which the	43931
officer or employee serves. The additional amount of compensation	43932
that the clerk of the court of common pleas receives for acting as	43933
the clerk of the court of appeals in ~~his~~the clerk's county and	43934
assuming the duties of that office and that is equal to one-eighth	43935
of the annual compensation that hethe clerk receives pursuant to	43936
sections 325.08 and 325.18 of the Revised Code for being the clerk	43937
of the court of common pleas is payable from the state treasury	43938
upon the certificate of the presiding or administrative judge of	43939
the district in which the clerk serves.	43940

~~Shorthand reporters~~Reporters may receive additional	43941
compensation for transcripts of evidence, the fee for the	43942
transcripts to be fixed by the judges of the court of appeals and	43943
paid and collected in the same manner as the fees for transcripts	43944
furnished by official ~~shorthand~~ reporters of the court of common	43945
pleas under section 2301.24 of the Revised Code. ~~Shorthand~~	43946
~~reporters~~Reporters appointed for a term of less than one year	43947
shall receive a per diem compensation of not less than thirty	43948
dollars per day. All ~~shorthand~~ reporters shall receive their	43949
actual expenses for traveling when attending court in any county	43950
other than that in which they reside, to be paid as provided by	43951
section ~~2301.24~~2301.22 of the Revised Code.	43952

Sec. 2743.09. The clerk of the court of claims shall do all	43953
of the following:	43954

(A) Administer oaths and take and certify affidavits,	43955
depositions, and acknowledgments of powers of attorney and other	43956
instruments in writing;	43957

(B) Prepare the dockets, enter and record the orders,	43958
judgments, decisions, awards, and proceedings of the court of	43959
claims and the court of claims commissioners, and issue writs and	43960
process;	43961

(C) Maintain an office in Franklin county in rooms provided	43962
by the supreme court for that purpose;	43963

(D) Keep an appearance docket of civil actions, claims for an	43964
award of reparations, and appeals from decisions of the court of	43965
claims commissioners. The clerk may refuse to accept for filing	43966
any pleading or paper that relates to a civil action in the court	43967
of claims and that is submitted for filing by a person who has	43968
been found to be a vexatious litigator under section 2323.52 of	43969
the Revised Code and who has failed to obtain leave to proceed	43970
under that section.	43971

Upon the commencement of an action or claim, the clerk shall	43972
assign it a number. This number shall be placed on the first page,	43973
and every continuation page, of the appearance docket that	43974
concerns the particular action or claim. In addition, this number	43975
and the names of the parties shall be placed on the case file, and	43976
every paper filed in the action or claim.	43977

At the time the action is commenced the clerk shall enter in	43978
the appearance docket the names of the parties in full and the	43979
names of counsel and shall index the action alphabetically by the	43980
last name of each party. Thereafter, the clerk shall	43981
chronologically note in the appearance docket all process issued	43982
and returns, pleas, motions, papers filed in the action, orders,	43983
verdicts, and judgments. The notations shall be brief but shall	43984
show the date of filing, substance, and journal volume and page of	43985
each order, verdict, and judgment. An action is commenced for	43986
purposes of this division by the filing of a complaint, including	43987
a form complaint under section 2743.10 of the Revised Code or a	43988
petition for removal.	43989

At the time an appeal for an award of reparations is	43990
commenced, the clerk shall enter the full names of the claimant,	43991
the victim, and the attorneys in the appearance docket and shall	43992
index the claim alphabetically by the last name of the claimant	43993
and the victim. Thereafter, the clerk shall chronologically note	43994
in the appearance docket all process issued and returns, motions,	43995
papers filed in the claim, orders, decisions, and awards. The	43996
notations shall be brief but shall show the date of filing,	43997
substance, and journal volume and page of each order.	43998

(E) Keep all original papers filed in an action or claim in a	43999
separate file folder and a journal in which all orders, verdicts,	44000
and judgments of the court and commissioners shall be recorded;	44001

(F) Charge and collect fees pursuant to section 2303.20 of	44002
the Revised Code, keep a cashbook in which the clerk shall enter	44003
the amounts received, make a report to the clerk of the supreme	44004
court each quarter of the fees received during the preceding	44005
quarter, and pay them monthly into the state treasury;	44006

(G) Appoint stenographers, ~~shorthand~~ reporters, and other	44007
clerical personnel;	44008

(H) Under the direction of the chief justice, establish	44009
procedures for hearing and determining appeals for an award of	44010
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	44011
Code.	44012

Sec. 2744.05. Notwithstanding any other provisions of the	44013
Revised Code or rules of a court to the contrary, in an action	44014
against a political subdivision to recover damages for injury,	44015
death, or loss to person or property caused by an act or omission	44016
in connection with a governmental or proprietary function:	44017

(A) Punitive or exemplary damages shall not be awarded.

44018

(B)(1) If a claimant receives or is entitled to receive	44019
benefits for injuries or loss allegedly incurred from a policy or	44020
policies of insurance or any other source, the benefits shall be	44021
disclosed to the court, and the amount of the benefits shall be	44022
deducted from any award against a political subdivision recovered	44023
by that claimant. No insurer or other person is entitled to bring	44024
an action under a subrogation provision in an insurance or other	44025
contract against a political subdivision with respect to those	44026
benefits.	44027

The amount of the benefits shall be deducted from an award	44028
against a political subdivision under division (B)(1) of this	44029
section regardless of whether the claimant may be under an	44030
obligation to pay back the benefits upon recovery, in whole or in	44031
part, for the claim. A claimant whose benefits have been deducted	44032
from an award under division (B)(1) of this section is not	44033
considered fully compensated and shall not be required to	44034
reimburse a subrogated claim for benefits deducted from an award	44035
pursuant to division (B)(1) of this section.	44036

(2) Nothing in division (B)(1) of this section shall be	44037
construed to do either of the following:	44038

(a) Limit the rights of a beneficiary under a life insurance	44039
policy or the rights of sureties under fidelity or surety bonds;	44040

(b) Prohibit the department of job and family services from	44041
recovering from the political subdivision, pursuant to section	44042
5101.58 of the Revised Code, the cost of medical assistance	44043
benefits provided under ~~sections 5101.5211 to 5101.5216 or~~ Chapter	44044
5107., or 5111. of the Revised Code.	44045

(C)(1) There shall not be any limitation on compensatory	44046
damages that represent the actual loss of the person who is	44047
awarded the damages. However, except in wrongful death actions	44048
brought pursuant to Chapter 2125. of the Revised Code, damages	44049
that arise from the same cause of action, transaction or	44050
occurrence, or series of transactions or occurrences and that do	44051
not represent the actual loss of the person who is awarded the	44052
damages shall not exceed two hundred fifty thousand dollars in	44053
favor of any one person. The limitation on damages that do not	44054
represent the actual loss of the person who is awarded the damages	44055
provided in this division does not apply to court costs that are	44056
awarded to a plaintiff, or to interest on a judgment rendered in	44057
favor of a plaintiff, in an action against a political	44058
subdivision.	44059

(2) As used in this division, "the actual loss of the person	44060
who is awarded the damages" includes all of the following:	44061

(a) All wages, salaries, or other compensation lost by the	44062
person injured as a result of the injury, including wages,	44063
salaries, or other compensation lost as of the date of a judgment	44064
and future expected lost earnings of the person injured;	44065

(b) All expenditures of the person injured or another person	44066
on behalf of the person injured for medical care or treatment, for	44067
rehabilitation services, or for other care, treatment, services,	44068
products, or accommodations that were necessary because of the	44069
injury;	44070

(c) All expenditures to be incurred in the future, as	44071
determined by the court, by the person injured or another person	44072
on behalf of the person injured for medical care or treatment, for	44073
rehabilitation services, or for other care, treatment, services,	44074
products, or accommodations that will be necessary because of the	44075
injury;	44076

(d) All expenditures of a person whose property was injured	44077
or destroyed or of another person on behalf of the person whose	44078
property was injured or destroyed in order to repair or replace	44079
the property that was injured or destroyed;	44080

(e) All expenditures of the person injured or of the person	44081
whose property was injured or destroyed or of another person on	44082
behalf of the person injured or of the person whose property was	44083
injured or destroyed in relation to the actual preparation or	44084
presentation of the claim involved;	44085

(f) Any other expenditures of the person injured or of the	44086
person whose property was injured or destroyed or of another	44087
person on behalf of the person injured or of the person whose	44088
property was injured or destroyed that the court determines	44089
represent an actual loss experienced because of the personal or	44090
property injury or property loss.	44091

"The actual loss of the person who is awarded the damages"	44092
does not include any fees paid or owed to an attorney for any	44093
services rendered in relation to a personal or property injury or	44094
property loss, and does not include any damages awarded for pain	44095
and suffering, for the loss of society, consortium, companionship,	44096
care, assistance, attention, protection, advice, guidance,	44097
counsel, instruction, training, or education of the person	44098
injured, for mental anguish, or for any other intangible loss.	44099

Sec. 2901.01. (A) As used in the Revised Code:

44100

(1) "Force" means any violence, compulsion, or constraint	44101
physically exerted by any means upon or against a person or thing.	44102

(2) "Deadly force" means any force that carries a substantial	44103
risk that it will proximately result in the death of any person.	44104

(3) "Physical harm to persons" means any injury, illness, or	44105
other physiological impairment, regardless of its gravity or	44106
duration.	44107

(4) "Physical harm to property" means any tangible or	44108
intangible damage to property that, in any degree, results in loss	44109
to its value or interferes with its use or enjoyment. "Physical	44110
harm to property" does not include wear and tear occasioned by	44111
normal use.	44112

(5) "Serious physical harm to persons" means any of the	44113
following:	44114

(a) Any mental illness or condition of such gravity as would	44115
normally require hospitalization or prolonged psychiatric	44116
treatment;	44117

(b) Any physical harm that carries a substantial risk of	44118
death;	44119

(c) Any physical harm that involves some permanent	44120
incapacity, whether partial or total, or that involves some	44121
temporary, substantial incapacity;	44122

(d) Any physical harm that involves some permanent	44123
disfigurement or that involves some temporary, serious	44124
disfigurement;	44125

(e) Any physical harm that involves acute pain of such	44126
duration as to result in substantial suffering or that involves	44127
any degree of prolonged or intractable pain.	44128

(6) "Serious physical harm to property" means any physical	44129
harm to property that does either of the following:	44130

(a) Results in substantial loss to the value of the property	44131
or requires a substantial amount of time, effort, or money to	44132
repair or replace;	44133

(b) Temporarily prevents the use or enjoyment of the property	44134
or substantially interferes with its use or enjoyment for an	44135
extended period of time.	44136

(7) "Risk" means a significant possibility, as contrasted	44137
with a remote possibility, that a certain result may occur or that	44138
certain circumstances may exist.	44139

(8) "Substantial risk" means a strong possibility, as	44140
contrasted with a remote or significant possibility, that a	44141
certain result may occur or that certain circumstances may exist.	44142

(9) "Offense of violence" means any of the following:

44143

(a) A violation of section 2903.01, 2903.02, 2903.03,	44144
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.21, 2903.211,	44145
2903.22, 2905.01, 2905.02, 2905.11, 2905.32, 2907.02, 2907.03,	44146
2907.05, 2909.02, 2909.03, 2909.24, 2911.01, 2911.02, 2911.11,	44147
2917.01, 2917.02, 2917.03, 2917.31, 2919.25, 2921.03, 2921.04,	44148
2921.34, or 2923.161, of division (A)(1), (2), or (3) of section	44149
2911.12, or of division (B)(1), (2), (3), or (4) of section	44150
2919.22 of the Revised Code or felonious sexual penetration in	44151
violation of former section 2907.12 of the Revised Code;	44152

(b) A violation of an existing or former municipal ordinance	44153
or law of this or any other state or the United States,	44154
substantially equivalent to any section, division, or offense	44155
listed in division (A)(9)(a) of this section;	44156

(c) An offense, other than a traffic offense, under an	44157
existing or former municipal ordinance or law of this or any other	44158
state or the United States, committed purposely or knowingly, and	44159
involving physical harm to persons or a risk of serious physical	44160
harm to persons;	44161

(d) A conspiracy or attempt to commit, or complicity in	44162
committing, any offense under division (A)(9)(a), (b), or (c) of	44163
this section.	44164

(10)(a) "Property" means any property, real or personal,	44165
tangible or intangible, and any interest or license in that	44166
property. "Property" includes, but is not limited to, cable	44167
television service, other telecommunications service,	44168
telecommunications devices, information service, computers, data,	44169
computer software, financial instruments associated with	44170
computers, other documents associated with computers, or copies of	44171
the documents, whether in machine or human readable form, trade	44172
secrets, trademarks, copyrights, patents, and property protected	44173
by a trademark, copyright, or patent. "Financial instruments	44174
associated with computers" include, but are not limited to,	44175
checks, drafts, warrants, money orders, notes of indebtedness,	44176
certificates of deposit, letters of credit, bills of credit or	44177
debit cards, financial transaction authorization mechanisms,	44178
marketable securities, or any computer system representations of	44179
any of them.	44180

(b) As used in division (A)(10) of this section, "trade	44181
secret" has the same meaning as in section 1333.61 of the Revised	44182
Code, and "telecommunications service" and "information service"	44183
have the same meanings as in section 2913.01 of the Revised Code.	44184

(c) As used in divisions (A)(10) and (13) of this section,	44185
"cable television service," "computer," "computer software,"	44186
"computer system," "computer network," "data," and	44187
"telecommunications device" have the same meanings as in section	44188
2913.01 of the Revised Code.	44189

(11) "Law enforcement officer" means any of the following:

44190

(a) A sheriff, deputy sheriff, constable, police officer of a	44191
township or joint ~~township~~ police district, marshal, deputy	44192
marshal, municipal police officer, member of a police force	44193
employed by a metropolitan housing authority under division (D) of	44194
section 3735.31 of the Revised Code, or state highway patrol	44195
trooper;	44196

(b) An officer, agent, or employee of the state or any of its	44197
agencies, instrumentalities, or political subdivisions, upon whom,	44198
by statute, a duty to conserve the peace or to enforce all or	44199
certain laws is imposed and the authority to arrest violators is	44200
conferred, within the limits of that statutory duty and authority;	44201

(c) A mayor, in the mayor's capacity as chief conservator of	44202
the peace within the mayor's municipal corporation;	44203

(d) A member of an auxiliary police force organized by	44204
county, township, or municipal law enforcement authorities, within	44205
the scope of the member's appointment or commission;	44206

(e) A person lawfully called pursuant to section 311.07 of	44207
the Revised Code to aid a sheriff in keeping the peace, for the	44208
purposes and during the time when the person is called;	44209

(f) A person appointed by a mayor pursuant to section 737.01	44210
of the Revised Code as a special patrolling officer during riot or	44211
emergency, for the purposes and during the time when the person is	44212
appointed;	44213

(g) A member of the organized militia of this state or the	44214
armed forces of the United States, lawfully called to duty to aid	44215
civil authorities in keeping the peace or protect against domestic	44216
violence;	44217

(h) A prosecuting attorney, assistant prosecuting attorney,	44218
secret service officer, or municipal prosecutor;	44219

(i) A veterans' home police officer appointed under section	44220
5907.02 of the Revised Code;	44221

(j) A member of a police force employed by a regional transit	44222
authority under division (Y) of section 306.35 of the Revised	44223
Code;	44224

(k) A special police officer employed by a port authority	44225
under section 4582.04 or 4582.28 of the Revised Code;	44226

(l) The house of representatives sergeant at arms if the	44227
house of representatives sergeant at arms has arrest authority	44228
pursuant to division (E)(1) of section 101.311 of the Revised Code	44229
and an assistant house of representatives sergeant at arms;	44230

(m) A special police officer employed by a municipal	44231
corporation at a municipal airport, or other municipal air	44232
navigation facility, that has scheduled operations, as defined in	44233
section 119.3 of Title 14 of the Code of Federal Regulations, 14	44234
C.F.R. 119.3, as amended, and that is required to be under a	44235
security program and is governed by aviation security rules of the	44236
transportation security administration of the United States	44237
department of transportation as provided in Parts 1542. and 1544.	44238
of Title 49 of the Code of Federal Regulations, as amended.	44239

(12) "Privilege" means an immunity, license, or right	44240
conferred by law, bestowed by express or implied grant, arising	44241
out of status, position, office, or relationship, or growing out	44242
of necessity.	44243

(13) "Contraband" means any property that is illegal for a	44244
person to acquire or possess under a statute, ordinance, or rule,	44245
or that a trier of fact lawfully determines to be illegal to	44246
possess by reason of the property's involvement in an offense.	44247
"Contraband" includes, but is not limited to, all of the	44248
following:	44249

(a) Any controlled substance, as defined in section 3719.01	44250
of the Revised Code, or any device or paraphernalia;	44251

(b) Any unlawful gambling device or paraphernalia;

44252

44253

(14) A person is "not guilty by reason of insanity" relative	44254
to a charge of an offense only if the person proves, in the manner	44255
specified in section 2901.05 of the Revised Code, that at the time	44256
of the commission of the offense, the person did not know, as a	44257
result of a severe mental disease or defect, the wrongfulness of	44258
the person's acts.	44259

(B)(1)(a) Subject to division (B)(2) of this section, as used	44260
in any section contained in Title XXIX of the Revised Code that	44261
sets forth a criminal offense, "person" includes all of the	44262
following:	44263

(i) An individual, corporation, business trust, estate,	44264
trust, partnership, and association;	44265

(ii) An unborn human who is viable.

44266

(b) As used in any section contained in Title XXIX of the	44267
Revised Code that does not set forth a criminal offense, "person"	44268
includes an individual, corporation, business trust, estate,	44269
trust, partnership, and association.	44270

44271

(i) "Unborn human" means an individual organism of the	44272
species Homo sapiens from fertilization until live birth.	44273

(ii) "Viable" means the stage of development of a human fetus	44274
at which there is a realistic possibility of maintaining and	44275
nourishing of a life outside the womb with or without temporary	44276
artificial life-sustaining support.	44277

(2) Notwithstanding division (B)(1)(a) of this section, in no	44278
case shall the portion of the definition of the term "person" that	44279
is set forth in division (B)(1)(a)(ii) of this section be applied	44280
or construed in any section contained in Title XXIX of the Revised	44281
Code that sets forth a criminal offense in any of the following	44282
manners:	44283

(a) Except as otherwise provided in division (B)(2)(a) of	44284
this section, in a manner so that the offense prohibits or is	44285
construed as prohibiting any pregnant woman or her physician from	44286
performing an abortion with the consent of the pregnant woman,	44287
with the consent of the pregnant woman implied by law in a medical	44288
emergency, or with the approval of one otherwise authorized by law	44289
to consent to medical treatment on behalf of the pregnant woman.	44290
An abortion that violates the conditions described in the	44291
immediately preceding sentence may be punished as a violation of	44292
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06,	44293
2903.08, 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22	44294
of the Revised Code, as applicable. An abortion that does not	44295
violate the conditions described in the second immediately	44296
preceding sentence, but that does violate section 2919.12,	44297
division (B) of section 2919.13, or section 2919.151, 2919.17, or	44298
2919.18 of the Revised Code, may be punished as a violation of	44299
section 2919.12, division (B) of section 2919.13, or section	44300
2919.151, 2919.17, or 2919.18 of the Revised Code, as applicable.	44301
Consent is sufficient under this division if it is of the type	44302
otherwise adequate to permit medical treatment to the pregnant	44303
woman, even if it does not comply with section 2919.12 of the	44304
Revised Code.	44305

(b) In a manner so that the offense is applied or is	44306
construed as applying to a woman based on an act or omission of	44307
the woman that occurs while she is or was pregnant and that	44308
results in any of the following:	44309

(i) Her delivery of a stillborn baby;

44310

(ii) Her causing, in any other manner, the death in utero of	44311
a viable, unborn human that she is carrying;	44312

(iii) Her causing the death of her child who is born alive	44313
but who dies from one or more injuries that are sustained while	44314
the child is a viable, unborn human;	44315

(iv) Her causing her child who is born alive to sustain one	44316
or more injuries while the child is a viable, unborn human;	44317

(v) Her causing, threatening to cause, or attempting to	44318
cause, in any other manner, an injury, illness, or other	44319
physiological impairment, regardless of its duration or gravity,	44320
or a mental illness or condition, regardless of its duration or	44321
gravity, to a viable, unborn human that she is carrying.	44322

44323

(1) "School safety zone" consists of a school, school	44324
building, school premises, school activity, and school bus.	44325

(2) "School," "school building," and "school premises" have	44326
the same meanings as in section 2925.01 of the Revised Code.	44327

(3) "School activity" means any activity held under the	44328
auspices of a board of education of a city, local, exempted	44329
village, joint vocational, or cooperative education school	44330
district; a governing authority of a community school established	44331
under Chapter 3314. of the Revised Code; a governing board of an	44332
educational service center, or the governing body of a school for	44333
which the state board of education prescribes minimum standards	44334
under section 3301.07 of the Revised Code.	44335

(4) "School bus" has the same meaning as in section 4511.01	44336
of the Revised Code.	44337

Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the	44338
Revised Code:	44339

(A) "Care facility" means any of the following:

44340

(1) Any "home" as defined in section 3721.10 or 5111.20 of	44341
the Revised Code;	44342

(2) Any "residential facility" as defined in section 5123.19	44343
of the Revised Code;	44344

(3) Any institution or facility operated or provided by the	44345
department of mental health or by the department of developmental	44346
disabilities pursuant to sections 5119.02 and 5123.03 of the	44347
Revised Code;	44348

(4) Any "residential facility" as defined in section 5119.22	44349
of the Revised Code;	44350

(5) Any unit of any hospital, as defined in section 3701.01	44351
of the Revised Code, that provides the same services as a nursing	44352
home, as defined in section 3721.01 of the Revised Code;	44353

(6) Any institution, residence, or facility that provides,	44354
for a period of more than twenty-four hours, whether for a	44355
consideration or not, accommodations to one individual or two	44356
unrelated individuals who are dependent upon the services of	44357
others;	44358

(7) Any "adult care facility" as defined in section ~~3722.01~~	44359
5119.70 of the Revised Code;	44360

(8) Any adult foster home certified ~~by the department of~~	44361
~~aging or its designee~~ under section ~~173.36~~5119.692 of the Revised	44362
Code.	44363

(B) "Abuse" means knowingly causing physical harm or	44364
recklessly causing serious physical harm to a person by physical	44365
contact with the person or by the inappropriate use of a physical	44366
or chemical restraint, medication, or isolation on the person.	44367

(C)(1) "Gross neglect" means knowingly failing to provide a	44368
person with any treatment, care, goods, or service that is	44369
necessary to maintain the health or safety of the person when the	44370
failure results in physical harm or serious physical harm to the	44371
person.	44372

(2) "Neglect" means recklessly failing to provide a person	44373
with any treatment, care, goods, or service that is necessary to	44374
maintain the health or safety of the person when the failure	44375
results in serious physical harm to the person.	44376

(D) "Inappropriate use of a physical or chemical restraint,	44377
medication, or isolation" means the use of physical or chemical	44378
restraint, medication, or isolation as punishment, for staff	44379
convenience, excessively, as a substitute for treatment, or in	44380
quantities that preclude habilitation and treatment.	44381

Sec. 2907.15. (A) As used in this section:

44382

(1) "Public retirement system" means the public employees	44383
retirement system, state teachers retirement system, school	44384
employees retirement system, Ohio police and fire pension fund,	44385
state highway patrol retirement system, or a municipal retirement	44386
system of a municipal corporation of this state.	44387

(2) "Government deferred compensation program" means such a	44388
program offered by the Ohio public employees deferred compensation	44389
board; a municipal corporation; or a governmental unit, as defined	44390
in section 148.06 of the Revised Code, or a program styled as a	44391
supplemental employee deferral plan offered by the treasurer of	44392
state.	44393

(3) "Deferred compensation program participant" means a	44394
"participating employee" or "continuing member," as defined in	44395
section 148.01 of the Revised Code, or any other public employee	44396
who has funds in a government deferred compensation program.	44397

(4) "Alternative retirement plan" means an alternative	44398
retirement plan provided pursuant to Chapter 3305. of the Revised	44399
Code.	44400

(5) "Prosecutor" has the same meaning as in section 2935.01	44401
of the Revised Code.	44402

In any case in which a sentencing court orders restitution to	44403
the victim under section 2929.18 or 2929.28 of the Revised Code	44404
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05	44405
of the Revised Code and in which the offender is a government	44406
deferred compensation program participant, is an electing	44407
employee, as defined in section 3305.01 of the Revised Code, or is	44408
a member of, or receiving a pension, benefit, or allowance, other	44409
than a survivorship benefit, from, a public retirement system and	44410
committed the offense against a child, student, patient, or other	44411
person with whom the offender had contact in the context of the	44412
offender's public employment, at the request of the victim the	44413
prosecutor shall file a motion with the sentencing court	44414
specifying the government deferred compensation program,	44415
alternative retirement plan, or public retirement system and	44416
requesting that the court issue an order requiring the government	44417
deferred compensation program, alternative retirement plan, or	44418
public retirement system to withhold the amount required as	44419
restitution from one or more of the following: any payment to be	44420
made from a government deferred compensation program, any payment	44421
or benefit under an alternative retirement plan, or under a	44422
pension, annuity, allowance, or any other benefit, other than a	44423
survivorship benefit, that has been or is in the future granted to	44424
the offender; from any payment of accumulated employee	44425
contributions standing to the offender's credit with the	44426
government deferred compensation program, alternative retirement	44427
plan, or public retirement system; or from any payment of any	44428
other amounts to be paid to the offender pursuant to section	44429
113.42 or Chapter 145., 148., 742., 3307., 3309., or 5505. of the	44430
Revised Code on withdrawal of contributions. The motion may be	44431
filed at any time subsequent to the conviction of the offender or	44432
entry of a guilty plea. On the filing of the motion, the clerk of	44433
the court in which the motion is filed shall notify the offender	44434
and the government deferred compensation program, alternative	44435
retirement plan, or public retirement system, in writing, of all	44436
of the following: that the motion was filed; that the offender	44437
will be granted a hearing on the issuance of the requested order	44438
if the offender files a written request for a hearing with the	44439
clerk prior to the expiration of thirty days after the offender	44440
receives the notice; that, if a hearing is requested, the court	44441
will schedule a hearing as soon as possible and notify the	44442
offender and the government deferred compensation program,	44443
alternative retirement plan, or public retirement system of the	44444
date, time, and place of the hearing; that, if a hearing is	44445
conducted, it will be limited to a consideration of whether the	44446
offender can show good cause why the order should not be issued;	44447
that, if a hearing is conducted, the court will not issue the	44448
order if the court determines, based on evidence presented at the	44449
hearing by the offender, that there is good cause for the order	44450
not to be issued; that the court will issue the order if a hearing	44451
is not requested or if a hearing is conducted but the court does	44452
not determine, based on evidence presented at the hearing by the	44453
offender, that there is good cause for the order not to be issued;	44454
and that, if the order is issued, the government deferred	44455
compensation program, alternative retirement plan, or public	44456
retirement system specified in the motion will be required to	44457
withhold the amount required as restitution from payments to the	44458
offender.	44459

(B) In any case in which a motion requesting the issuance of	44460
a withholding order as described in division (A) of this section	44461
is filed, the offender may receive a hearing on the motion by	44462
delivering a written request for a hearing to the court prior to	44463
the expiration of thirty days after the offender's receipt of the	44464
notice provided pursuant to division (A) of this section. If the	44465
offender requests a hearing within the prescribed time, the court	44466
shall schedule a hearing as soon as possible after the request is	44467
made and notify the offender and the government deferred	44468
compensation program, alternative retirement plan, or public	44469
retirement system of the date, time, and place of the hearing. A	44470
hearing scheduled under this division shall be limited to a	44471
consideration of whether there is good cause, based on evidence	44472
presented by the offender, for the requested order not to be	44473
issued. If the court determines, based on evidence presented by	44474
the offender, that there is good cause for the order not to be	44475
issued, the court shall deny the motion and shall not issue the	44476
order. Good cause for not issuing the order includes a	44477
determination by the court that the order would severely impact	44478
the offender's ability to support the offender's dependents.	44479

If the offender does not request a hearing within the	44480
prescribed time or the court conducts a hearing but does not	44481
determine, based on evidence presented by the offender, that there	44482
is good cause for the order not to be issued, the court shall	44483
order the government deferred compensation program, alternative	44484
retirement plan, or public retirement system to withhold the	44485
amount required as restitution from one or more of the following:	44486
any payments to be made from a government deferred compensation	44487
program, any payment or benefit under an alternative retirement	44488
plan, or under a pension, annuity, allowance, or under any other	44489
benefit, other than a survivorship benefit, that has been or is in	44490
the future granted to the offender; from any payment of	44491
accumulated employee contributions standing to the offender's	44492
credit with the government deferred compensation program,	44493
alternative retirement plan, or public retirement system; or from	44494
any payment of any other amounts to be paid to the offender upon	44495
withdrawal of contributions pursuant to Chapter 145., 148., 742.,	44496
3307., 3309., or 5505. of the Revised Code and to continue the	44497
withholding for that purpose, in accordance with the order, out of	44498
each payment to be made on or after the date of issuance of the	44499
order, until further order of the court. On receipt of an order	44500
issued under this division, the government deferred compensation	44501
program, alternative retirement plan, or public retirement system	44502
shall withhold the amount required as restitution, in accordance	44503
with the order, from any such payments and immediately forward the	44504
amount withheld to the clerk of the court in which the order was	44505
issued for payment to the person to whom restitution is to be	44506
made. The order shall not apply to any portion of payments made	44507
from a government deferred compensation program, alternative	44508
retirement plan, or public retirement system to a person other	44509
than the offender pursuant to a previously issued domestic court	44510
order.	44511

(C) Service of a notice required by division (A) or (B) of	44512
this section shall be effected in the same manner as provided in	44513
the Rules of Civil Procedure for the service of process.	44514

(D) Upon the filing of charges under section 2907.02,	44515
2907.03, 2907.04, or 2907.05 of the Revised Code against a person	44516
who is a deferred compensation program participant, an electing	44517
employee participating in an alternative retirement plan, or a	44518
member of, or receiving a pension benefit, or allowance, other	44519
than a survivorship benefit, from a public retirement system for	44520
an offense against a child, student, patient, or other person with	44521
whom the offender had contact in the context of the offender's	44522
public employment, the prosecutor shall send written notice that	44523
charges have been filed against that person to the appropriate	44524
government deferred compensation program, alternative retirement	44525
plan, or public retirement system. The notice shall specifically	44526
identify the person charged.	44527

Sec. 2915.01. As used in this chapter:

44528

(A) "Bookmaking" means the business of receiving or paying	44529
off bets.	44530

(B) "Bet" means the hazarding of anything of value upon the	44531
result of an event, undertaking, or contingency, but does not	44532
include a bona fide business risk.	44533

(C) "Scheme of chance" means a slot machine, lottery, numbers	44534
game, pool conducted for profit, or other scheme in which a	44535
participant gives a valuable consideration for a chance to win a	44536
prize, but does not include bingo, a skill-based amusement	44537
machine, or a pool not conducted for profit.	44538

(D) "Game of chance" means poker, craps, roulette, or other	44539
game in which a player gives anything of value in the hope of	44540
gain, the outcome of which is determined largely by chance, but	44541
does not include bingo.	44542

(E) "Game of chance conducted for profit" means any game of	44543
chance designed to produce income for the person who conducts or	44544
operates the game of chance, but does not include bingo.	44545

(F) "Gambling device" means any of the following:

44546

(1) A book, totalizer, or other equipment for recording bets;

44547

(2) A ticket, token, or other device representing a chance,	44548
share, or interest in a scheme of chance or evidencing a bet;	44549

(3) A deck of cards, dice, gaming table, roulette wheel, slot	44550
machine, or other apparatus designed for use in connection with a	44551
game of chance;	44552

(4) Any equipment, device, apparatus, or paraphernalia	44553
specially designed for gambling purposes;	44554

(5) Bingo supplies sold or otherwise provided, or used, in	44555
violation of this chapter.	44556

(G) "Gambling offense" means any of the following:

44557

(1) A violation of section 2915.02, 2915.03, 2915.04,	44558
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	44559
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	44560

(2) A violation of an existing or former municipal ordinance	44561
or law of this or any other state or the United States	44562
substantially equivalent to any section listed in division (G)(1)	44563
of this section or a violation of section 2915.06 of the Revised	44564
Code as it existed prior to July 1, 1996;	44565

(3) An offense under an existing or former municipal	44566
ordinance or law of this or any other state or the United States,	44567
of which gambling is an element;	44568

(4) A conspiracy or attempt to commit, or complicity in	44569
committing, any offense under division (G)(1), (2), or (3) of this	44570
section.	44571

(H) Except as otherwise provided in this chapter, "charitable	44572
organization" means any tax exempt religious, educational,	44573
veteran's, fraternal, sporting, service, nonprofit medical,	44574
volunteer rescue service, volunteer firefighter's, senior	44575
citizen's, historic railroad educational, youth athletic, amateur	44576
athletic, or youth athletic park organization. An organization is	44577
tax exempt if the organization is, and has received from the	44578
internal revenue service a determination letter that currently is	44579
in effect stating that the organization is, exempt from federal	44580
income taxation under subsection 501(a) and described in	44581
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or	44582
501(c)(19) of the Internal Revenue Code, or if the organization is	44583
a sporting organization that is exempt from federal income	44584
taxation under subsection 501(a) and is described in subsection	44585
501(c)(7) of the Internal Revenue Code. To qualify as a charitable	44586
organization, an organization, except a volunteer rescue service	44587
or volunteer firefighter's organization, shall have been in	44588
continuous existence as such in this state for a period of two	44589
years immediately preceding either the making of an application	44590
for a bingo license under section 2915.08 of the Revised Code or	44591
the conducting of any game of chance as provided in division (D)	44592
of section 2915.02 of the Revised Code. A charitable organization	44593
that is exempt from federal income taxation under subsection	44594
501(a) and described in subsection 501(c)(3) of the Internal	44595
Revenue Code and that is created by a veteran's organization, a	44596
fraternal organization, or a sporting organization does not have	44597
to have been in continuous existence as such in this state for a	44598
period of two years immediately preceding either the making of an	44599
application for a bingo license under section 2915.08 of the	44600
Revised Code or the conducting of any game of chance as provided	44601
in division (D) of section 2915.02 of the Revised Code.	44602

(I) "Religious organization" means any church, body of	44603
communicants, or group that is not organized or operated for	44604
profit and that gathers in common membership for regular worship	44605
and religious observances.	44606

(J) "Educational organization" means any organization within	44607
this state that is not organized for profit, the primary purpose	44608
of which is to educate and develop the capabilities of individuals	44609
through instruction by means of operating or contributing to the	44610
support of a school, academy, college, or university.	44611

(K) "Veteran's organization" means any individual post or	44612
state headquarters of a national veteran's association or an	44613
auxiliary unit of any individual post of a national veteran's	44614
association, which post, state headquarters, or auxiliary unit is	44615
incorporated as a nonprofit corporation and either has received a	44616
letter from the state headquarters of the national veteran's	44617
association indicating that the individual post or auxiliary unit	44618
is in good standing with the national veteran's association or has	44619
received a letter from the national veteran's association	44620
indicating that the state headquarters is in good standing with	44621
the national veteran's association. As used in this division,	44622
"national veteran's association" means any veteran's association	44623
that has been in continuous existence as such for a period of at	44624
least five years and either is incorporated by an act of the	44625
United States congress or has a national dues-paying membership of	44626
at least five thousand persons.	44627

(L) "Volunteer firefighter's organization" means any	44628
organization of volunteer firefighters, as defined in section	44629
146.01 of the Revised Code, that is organized and operated	44630
exclusively to provide financial support for a volunteer fire	44631
department or a volunteer fire company and that is recognized or	44632
ratified by a county, municipal corporation, or township.	44633

(M) "Fraternal organization" means any society, order, state	44634
headquarters, or association within this state, except a college	44635
or high school fraternity, that is not organized for profit, that	44636
is a branch, lodge, or chapter of a national or state	44637
organization, that exists exclusively for the common business or	44638
sodality of its members.	44639

(N) "Volunteer rescue service organization" means any	44640
organization of volunteers organized to function as an emergency	44641
medical service organization, as defined in section 4765.01 of the	44642
Revised Code.	44643

(O) "Service organization" means either of the following:

44644

(1) Any organization, not organized for profit, that is	44645
organized and operated exclusively to provide, or to contribute to	44646
the support of organizations or institutions organized and	44647
operated exclusively to provide, medical and therapeutic services	44648
for persons who are crippled, born with birth defects, or have any	44649
other mental or physical defect or those organized and operated	44650
exclusively to protect, or to contribute to the support of	44651
organizations or institutions organized and operated exclusively	44652
to protect, animals from inhumane treatment or provide immediate	44653
shelter to victims of domestic violence;	44654

(2) Any organization that is described in subsection	44655
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	44656
and is either a governmental unit or an organization that is tax	44657
exempt under subsection 501(a) and described in subsection	44658
501(c)(3) of the Internal Revenue Code and that is an	44659
organization, not organized for profit, that is organized and	44660
operated primarily to provide, or to contribute to the support of	44661
organizations or institutions organized and operated primarily to	44662
provide, medical and therapeutic services for persons who are	44663
crippled, born with birth defects, or have any other mental or	44664
physical defect.	44665

(P) "Nonprofit medical organization" means either of the	44666
following:	44667

(1) Any organization that has been incorporated as a	44668
nonprofit corporation for at least five years and that has	44669
continuously operated and will be operated exclusively to provide,	44670
or to contribute to the support of organizations or institutions	44671
organized and operated exclusively to provide, hospital, medical,	44672
research, or therapeutic services for the public;	44673

(2) Any organization that is described and qualified under	44674
subsection 501(c)(3) of the Internal Revenue Code, that has been	44675
incorporated as a nonprofit corporation for at least five years,	44676
and that has continuously operated and will be operated primarily	44677
to provide, or to contribute to the support of organizations or	44678
institutions organized and operated primarily to provide,	44679
hospital, medical, research, or therapeutic services for the	44680
public.	44681

(Q) "Senior citizen's organization" means any private	44682
organization, not organized for profit, that is organized and	44683
operated exclusively to provide recreational or social services	44684
for persons who are fifty-five years of age or older and that is	44685
described and qualified under subsection 501(c)(3) of the Internal	44686
Revenue Code.	44687

(R) "Charitable bingo game" means any bingo game described in	44688
division (S)(1) or (2) of this section that is conducted by a	44689
charitable organization that has obtained a license pursuant to	44690
section 2915.08 of the Revised Code and the proceeds of which are	44691
used for a charitable purpose.	44692

(S) "Bingo" means either of the following:

44693

(1) A game with all of the following characteristics:

44694

(a) The participants use bingo cards or sheets, including	44695
paper formats and electronic representation or image formats, that	44696
are divided into twenty-five spaces arranged in five horizontal	44697
and five vertical rows of spaces, with each space, except the	44698
central space, being designated by a combination of a letter and a	44699
number and with the central space being designated as a free	44700
space.	44701

(b) The participants cover the spaces on the bingo cards or	44702
sheets that correspond to combinations of letters and numbers that	44703
are announced by a bingo game operator.	44704

(c) A bingo game operator announces combinations of letters	44705
and numbers that appear on objects that a bingo game operator	44706
selects by chance, either manually or mechanically, from a	44707
receptacle that contains seventy-five objects at the beginning of	44708
each game, each object marked by a different combination of a	44709
letter and a number that corresponds to one of the seventy-five	44710
possible combinations of a letter and a number that can appear on	44711
the bingo cards or sheets.	44712

(d) The winner of the bingo game includes any participant who	44713
properly announces during the interval between the announcements	44714
of letters and numbers as described in division (S)(1)(c) of this	44715
section, that a predetermined and preannounced pattern of spaces	44716
has been covered on a bingo card or sheet being used by the	44717
participant.	44718

(2) Instant bingo, punch boards, and raffles.

44719

(T) "Conduct" means to back, promote, organize, manage, carry	44720
on, sponsor, or prepare for the operation of bingo or a game of	44721
chance.	44722

(U) "Bingo game operator" means any person, except security	44723
personnel, who performs work or labor at the site of bingo,	44724
including, but not limited to, collecting money from participants,	44725
handing out bingo cards or sheets or objects to cover spaces on	44726
bingo cards or sheets, selecting from a receptacle the objects	44727
that contain the combination of letters and numbers that appear on	44728
bingo cards or sheets, calling out the combinations of letters and	44729
numbers, distributing prizes, selling or redeeming instant bingo	44730
tickets or cards, supervising the operation of a punch board,	44731
selling raffle tickets, selecting raffle tickets from a receptacle	44732
and announcing the winning numbers in a raffle, and preparing,	44733
selling, and serving food or beverages.	44734

(V) "Participant" means any person who plays bingo.

44735

(W) "Bingo session" means a period that includes both of the	44736
following:	44737

(1) Not to exceed five continuous hours for the conduct of	44738
one or more games described in division (S)(1) of this section,	44739
instant bingo, and seal cards;	44740

(2) A period for the conduct of instant bingo and seal cards	44741
for not more than two hours before and not more than two hours	44742
after the period described in division (W)(1) of this section.	44743

(X) "Gross receipts" means all money or assets, including	44744
admission fees, that a person receives from bingo without the	44745
deduction of any amounts for prizes paid out or for the expenses	44746
of conducting bingo. "Gross receipts" does not include any money	44747
directly taken in from the sale of food or beverages by a	44748
charitable organization conducting bingo, or by a bona fide	44749
auxiliary unit or society of a charitable organization conducting	44750
bingo, provided all of the following apply:	44751

(1) The auxiliary unit or society has been in existence as a	44752
bona fide auxiliary unit or society of the charitable organization	44753
for at least two years prior to conducting bingo.	44754

(2) The person who purchases the food or beverage receives	44755
nothing of value except the food or beverage and items customarily	44756
received with the purchase of that food or beverage.	44757

(3) The food and beverages are sold at customary and	44758
reasonable prices.	44759

(Y) "Security personnel" includes any person who either is a	44760
sheriff, deputy sheriff, marshal, deputy marshal, township	44761
constable, or member of an organized police department of a	44762
municipal corporation or has successfully completed a peace	44763
officer's training course pursuant to sections 109.71 to 109.79 of	44764
the Revised Code and who is hired to provide security for the	44765
premises on which bingo is conducted.	44766

(Z) "Charitable purpose" means that the net profit of bingo,	44767
other than instant bingo, is used by, or is given, donated, or	44768
otherwise transferred to, any of the following:	44769

(1) Any organization that is described in subsection	44770
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	44771
and is either a governmental unit or an organization that is tax	44772
exempt under subsection 501(a) and described in subsection	44773
501(c)(3) of the Internal Revenue Code;	44774

(2) A veteran's organization that is a post, chapter, or	44775
organization of veterans, or an auxiliary unit or society of, or a	44776
trust or foundation for, any such post, chapter, or organization	44777
organized in the United States or any of its possessions, at least	44778
seventy-five per cent of the members of which are veterans and	44779
substantially all of the other members of which are individuals	44780
who are spouses, widows, or widowers of veterans, or such	44781
individuals, provided that no part of the net earnings of such	44782
post, chapter, or organization inures to the benefit of any	44783
private shareholder or individual, and further provided that the	44784
net profit is used by the post, chapter, or organization for the	44785
charitable purposes set forth in division (B)(12) of section	44786
5739.02 of the Revised Code, is used for awarding scholarships to	44787
or for attendance at an institution mentioned in division (B)(12)	44788
of section 5739.02 of the Revised Code, is donated to a	44789
governmental agency, or is used for nonprofit youth activities,	44790
the purchase of United States or Ohio flags that are donated to	44791
schools, youth groups, or other bona fide nonprofit organizations,	44792
promotion of patriotism, or disaster relief;	44793

(3) A fraternal organization that has been in continuous	44794
existence in this state for fifteen years and that uses the net	44795
profit exclusively for religious, charitable, scientific,	44796
literary, or educational purposes, or for the prevention of	44797
cruelty to children or animals, if contributions for such use	44798
would qualify as a deductible charitable contribution under	44799
subsection 170 of the Internal Revenue Code;	44800

(4) A volunteer firefighter's organization that uses the net	44801
profit for the purposes set forth in division (L) of this section.	44802

(AA) "Internal Revenue Code" means the "Internal Revenue Code	44803
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	44804
amended.	44805

(BB) "Youth athletic organization" means any organization,	44806
not organized for profit, that is organized and operated	44807
exclusively to provide financial support to, or to operate,	44808
athletic activities for persons who are twenty-one years of age or	44809
younger by means of sponsoring, organizing, operating, or	44810
contributing to the support of an athletic team, club, league, or	44811
association.	44812

(CC) "Youth athletic park organization" means any	44813
organization, not organized for profit, that satisfies both of the	44814
following:	44815

(1) It owns, operates, and maintains playing fields that	44816
satisfy both of the following:	44817

(a) The playing fields are used at least one hundred days per	44818
year for athletic activities by one or more organizations, not	44819
organized for profit, each of which is organized and operated	44820
exclusively to provide financial support to, or to operate,	44821
athletic activities for persons who are eighteen years of age or	44822
younger by means of sponsoring, organizing, operating, or	44823
contributing to the support of an athletic team, club, league, or	44824
association.	44825

(b) The playing fields are not used for any profit-making	44826
activity at any time during the year.	44827

(2) It uses the proceeds of bingo it conducts exclusively for	44828
the operation, maintenance, and improvement of its playing fields	44829
of the type described in division (CC)(1) of this section.	44830

(DD) "Amateur athletic organization" means any organization,	44831
not organized for profit, that is organized and operated	44832
exclusively to provide financial support to, or to operate,	44833
athletic activities for persons who are training for amateur	44834
athletic competition that is sanctioned by a national governing	44835
body as defined in the "Amateur Sports Act of 1978," 90 Stat.	44836
3045, 36 U.S.C.A. 373.	44837

(EE) "Bingo supplies" means bingo cards or sheets; instant	44838
bingo tickets or cards; electronic bingo aids; raffle tickets;	44839
punch boards; seal cards; instant bingo ticket dispensers; and	44840
devices for selecting or displaying the combination of bingo	44841
letters and numbers or raffle tickets. Items that are "bingo	44842
supplies" are not gambling devices if sold or otherwise provided,	44843
and used, in accordance with this chapter. For purposes of this	44844
chapter, "bingo supplies" are not to be considered equipment used	44845
to conduct a bingo game.	44846

(FF) "Instant bingo" means a form of bingo that uses folded	44847
or banded tickets or paper cards with perforated break-open tabs,	44848
a face of which is covered or otherwise hidden from view to	44849
conceal a number, letter, or symbol, or set of numbers, letters,	44850
or symbols, some of which have been designated in advance as prize	44851
winners. "Instant bingo" includes seal cards. "Instant bingo" does	44852
not include any device that is activated by the insertion of a	44853
coin, currency, token, or an equivalent, and that contains as one	44854
of its components a video display monitor that is capable of	44855
displaying numbers, letters, symbols, or characters in winning or	44856
losing combinations.	44857

(GG) "Seal card" means a form of instant bingo that uses	44858
instant bingo tickets in conjunction with a board or placard that	44859
contains one or more seals that, when removed or opened, reveal	44860
predesignated winning numbers, letters, or symbols.	44861

(HH) "Raffle" means a form of bingo in which the one or more	44862
prizes are won by one or more persons who have purchased a raffle	44863
ticket. The one or more winners of the raffle are determined by	44864
drawing a ticket stub or other detachable section from a	44865
receptacle containing ticket stubs or detachable sections	44866
corresponding to all tickets sold for the raffle. "Raffle" does	44867
not include the drawing of a ticket stub or other detachable	44868
section of a ticket purchased to attend a professional sporting	44869
event if both of the following apply:	44870

(1) The ticket stub or other detachable section is used to	44871
select the winner of a free prize given away at the professional	44872
sporting event; and	44873

(2) The cost of the ticket is the same as the cost of a	44874
ticket to the professional sporting event on days when no free	44875
prize is given away.	44876

(II) "Punch board" means a board containing a number of holes	44877
or receptacles of uniform size in which are placed, mechanically	44878
and randomly, serially numbered slips of paper that may be punched	44879
or drawn from the hole or receptacle when used in conjunction with	44880
instant bingo. A player may punch or draw the numbered slips of	44881
paper from the holes or receptacles and obtain the prize	44882
established for the game if the number drawn corresponds to a	44883
winning number or, if the punch board includes the use of a seal	44884
card, a potential winning number.	44885

(JJ) "Gross profit" means gross receipts minus the amount	44886
actually expended for the payment of prize awards.	44887

(KK) "Net profit" means gross profit minus expenses.

44888

(LL) "Expenses" means the reasonable amount of gross profit	44889
actually expended for all of the following:	44890

(1) The purchase or lease of bingo supplies;

44891

(2) The annual license fee required under section 2915.08 of	44892
the Revised Code;	44893

(3) Bank fees and service charges for a bingo session or game	44894
account described in section 2915.10 of the Revised Code;	44895

(4) Audits and accounting services;

44896

(5) Safes;

44897

(6) Cash registers;

44898

(7) Hiring security personnel;

44899

(8) Advertising bingo;

44900

(9) Renting premises in which to conduct a bingo session;

44901

(10) Tables and chairs;

44902

(11) Expenses for maintaining and operating a charitable	44903
organization's facilities, including, but not limited to, a post	44904
home, club house, lounge, tavern, or canteen and any grounds	44905
attached to the post home, club house, lounge, tavern, or canteen;	44906

(12) Payment of real property taxes and assessments that are	44907
levied on a premises on which bingo is conducted;	44908

(13) Any other product or service directly related to the	44909
conduct of bingo that is authorized in rules adopted by the	44910
attorney general under division (B)(1) of section 2915.08 of the	44911
Revised Code.	44912

(MM) "Person" has the same meaning as in section 1.59 of the	44913
Revised Code and includes any firm or any other legal entity,	44914
however organized.	44915

(NN) "Revoke" means to void permanently all rights and	44916
privileges of the holder of a license issued under section	44917
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	44918
gaming license issued by another jurisdiction.	44919

(OO) "Suspend" means to interrupt temporarily all rights and	44920
privileges of the holder of a license issued under section	44921
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	44922
gaming license issued by another jurisdiction.	44923

(PP) "Distributor" means any person who purchases or obtains	44924
bingo supplies and who does either of the following:	44925

(1) Sells, offers for sale, or otherwise provides or offers	44926
to provide the bingo supplies to another person for use in this	44927
state;	44928

(2) Modifies, converts, adds to, or removes parts from the	44929
bingo supplies to further their promotion or sale for use in this	44930
state.	44931

(QQ) "Manufacturer" means any person who assembles completed	44932
bingo supplies from raw materials, other items, or subparts or who	44933
modifies, converts, adds to, or removes parts from bingo supplies	44934
to further their promotion or sale.	44935

(RR) "Gross annual revenues" means the annual gross receipts	44936
derived from the conduct of bingo described in division (S)(1) of	44937
this section plus the annual net profit derived from the conduct	44938
of bingo described in division (S)(2) of this section.	44939

(SS) "Instant bingo ticket dispenser" means a mechanical	44940
device that dispenses an instant bingo ticket or card as the sole	44941
item of value dispensed and that has the following	44942
characteristics:	44943

(1) It is activated upon the insertion of United States	44944
currency.	44945

(2) It performs no gaming functions.

44946

(3) It does not contain a video display monitor or generate	44947
noise.	44948

(4) It is not capable of displaying any numbers, letters,	44949
symbols, or characters in winning or losing combinations.	44950

(5) It does not simulate or display rolling or spinning	44951
reels.	44952

(6) It is incapable of determining whether a dispensed bingo	44953
ticket or card is a winning or nonwinning ticket or card and	44954
requires a winning ticket or card to be paid by a bingo game	44955
operator.	44956

(7) It may provide accounting and security features to aid in	44957
accounting for the instant bingo tickets or cards it dispenses.	44958

(8) It is not part of an electronic network and is not	44959
interactive.	44960

(TT)(1) "Electronic bingo aid" means an electronic device	44961
used by a participant to monitor bingo cards or sheets purchased	44962
at the time and place of a bingo session and that does all of the	44963
following:	44964

(a) It provides a means for a participant to input numbers	44965
and letters announced by a bingo caller.	44966

(b) It compares the numbers and letters entered by the	44967
participant to the bingo faces previously stored in the memory of	44968
the device.	44969

44970

(2) "Electronic bingo aid" does not include any device into	44971
which a coin, currency, token, or an equivalent is inserted to	44972
activate play.	44973

(UU) "Deal of instant bingo tickets" means a single game of	44974
instant bingo tickets all with the same serial number.	44975

(VV)(1) "Slot machine" means either of the following:

44976

(a) Any mechanical, electronic, video, or digital device that	44977
is capable of accepting anything of value, directly or indirectly,	44978
from or on behalf of a player who gives the thing of value in the	44979
hope of gain;	44980

(b) Any mechanical, electronic, video, or digital device that	44981
is capable of accepting anything of value, directly or indirectly,	44982
from or on behalf of a player to conduct bingo or a scheme or game	44983
of chance.	44984

(2) "Slot machine" does not include a skill-based amusement	44985
machine or an instant bingo ticket dispenser.	44986

(WW) "Net profit from the proceeds of the sale of instant	44987
bingo" means gross profit minus the ordinary, necessary, and	44988
reasonable expense expended for the purchase of instant bingo	44989
supplies.	44990

(XX) "Charitable instant bingo organization" means an	44991
organization that is exempt from federal income taxation under	44992
subsection 501(a) and described in subsection 501(c)(3) of the	44993
Internal Revenue Code and is a charitable organization as defined	44994
in this section. A "charitable instant bingo organization" does	44995
not include a charitable organization that is exempt from federal	44996
income taxation under subsection 501(a) and described in	44997
subsection 501(c)(3) of the Internal Revenue Code and that is	44998
created by a veteran's organization, a fraternal organization, or	44999
a sporting organization in regards to bingo conducted or assisted	45000
by a veteran's organization, a fraternal organization, or a	45001
sporting organization pursuant to section 2915.13 of the Revised	45002
Code.	45003

(YY) "Game flare" means the board or placard that accompanies	45004
each deal of instant bingo tickets and that has printed on or	45005
affixed to it the following information for the game:	45006

(1) The name of the game;

45007

(2) The manufacturer's name or distinctive logo;

45008

(3) The form number;

45009

(4) The ticket count;

45010

(5) The prize structure, including the number of winning	45011
instant bingo tickets by denomination and the respective winning	45012
symbol or number combinations for the winning instant bingo	45013
tickets;	45014

(6) The cost per play;

45015

(7) The serial number of the game.

45016

(ZZ) "Historic railroad educational organization" means an	45017
organization that is exempt from federal income taxation under	45018
subsection 501(a) and described in subsection 501(c)(3) of the	45019
Internal Revenue Code, that owns in fee simple the tracks and the	45020
right-of-way of a historic railroad that the organization restores	45021
or maintains and on which the organization provides excursions as	45022
part of a program to promote tourism and educate visitors	45023
regarding the role of railroad transportation in Ohio history, and	45024
that received as donations from a charitable organization that	45025
holds a license to conduct bingo under this chapter an amount	45026
equal to at least fifty per cent of that licensed charitable	45027
organization's net proceeds from the conduct of bingo during each	45028
of the five years preceding June 30, 2003. "Historic railroad"	45029
means all or a portion of the tracks and right-of-way of a	45030
railroad that was owned and operated by a for-profit common	45031
carrier in this state at any time prior to January 1, 1950.	45032

(AAA)(1) "Skill-based amusement machine" means a mechanical,	45033
video, digital, or electronic device that rewards the player or	45034
players, if at all, only with merchandise prizes or with	45035
redeemable vouchers redeemable only for merchandise prizes,	45036
provided that with respect to rewards for playing the game all of	45037
the following apply:	45038

(a) The wholesale value of a merchandise prize awarded as a	45039
result of the single play of a machine does not exceed ten	45040
dollars;	45041

(b) Redeemable vouchers awarded for any single play of a	45042
machine are not redeemable for a merchandise prize with a	45043
wholesale value of more than ten dollars;	45044

(c) Redeemable vouchers are not redeemable for a merchandise	45045
prize that has a wholesale value of more than ten dollars times	45046
the fewest number of single plays necessary to accrue the	45047
redeemable vouchers required to obtain that prize; and	45048

(d) Any redeemable vouchers or merchandise prizes are	45049
distributed at the site of the skill-based amusement machine at	45050
the time of play.	45051

A card for the purchase of gasoline is a redeemable voucher	45052
for purposes of division (AAA)(1) of this section even if the	45053
skill-based amusement machine for the play of which the card is	45054
awarded is located at a place where gasoline may not be legally	45055
distributed to the public or the card is not redeemable at the	45056
location of, or at the time of playing, the skill-based amusement	45057
machine.	45058

(2) A device shall not be considered a skill-based amusement	45059
machine and shall be considered a slot machine if it pays cash or	45060
one or more of the following apply:	45061

(a) The ability of a player to succeed at the game is	45062
impacted by the number or ratio of prior wins to prior losses of	45063
players playing the game.	45064

(b) Any reward of redeemable vouchers is not based solely on	45065
the player achieving the object of the game or the player's score;	45066

(c) The outcome of the game, or the value of the redeemable	45067
voucher or merchandise prize awarded for winning the game, can be	45068
controlled by a source other than any player playing the game.	45069

(d) The success of any player is or may be determined by a	45070
chance event that cannot be altered by player actions.	45071

(e) The ability of any player to succeed at the game is	45072
determined by game features not visible or known to the player.	45073

(f) The ability of the player to succeed at the game is	45074
impacted by the exercise of a skill that no reasonable player	45075
could exercise.	45076

(3) All of the following apply to any machine that is	45077
operated as described in division (AAA)(1) of this section:	45078

(a) As used in this section, "game" and "play" mean one event	45079
from the initial activation of the machine until the results of	45080
play are determined without payment of additional consideration.	45081
An individual utilizing a machine that involves a single game,	45082
play, contest, competition, or tournament may be awarded	45083
redeemable vouchers or merchandise prizes based on the results of	45084
play.	45085

(b) Advance play for a single game, play, contest,	45086
competition, or tournament participation may be purchased. The	45087
cost of the contest, competition, or tournament participation may	45088
be greater than a single noncontest, competition, or tournament	45089
play.	45090

(c) To the extent that the machine is used in a contest,	45091
competition, or tournament, that contest, competition, or	45092
tournament has a defined starting and ending date and is open to	45093
participants in competition for scoring and ranking results toward	45094
the awarding of redeemable vouchers or merchandise prizes that are	45095
stated prior to the start of the contest, competition, or	45096
tournament.	45097

(4) For purposes of division (AAA)(1) of this section, the	45098
mere presence of a device, such as a pin-setting, ball-releasing,	45099
or scoring mechanism, that does not contribute to or affect the	45100
outcome of the play of the game does not make the device a	45101
skill-based amusement machine.	45102

(BBB) "Merchandise prize" means any item of value, but shall	45103
not include any of the following:	45104

(1) Cash, gift cards, or any equivalent thereof;

45105

(2) Plays on games of chance, state lottery tickets, bingo,	45106
or instant bingo;	45107

(3) Firearms, tobacco, or alcoholic beverages; or

45108

(4) A redeemable voucher that is redeemable for any of the	45109
items listed in division (BBB)(1), (2), or (3) of this section.	45110

(CCC) "Redeemable voucher" means any ticket, token, coupon,	45111
receipt, or other noncash representation of value.	45112

(DDD) "Pool not conducted for profit" means a scheme in which	45113
a participant gives a valuable consideration for a chance to win a	45114
prize and the total amount of consideration wagered is distributed	45115
to a participant or participants.	45116

(EEE) "Sporting organization" means a hunting, fishing, or	45117
trapping organization, other than a college or high school	45118
fraternity or sorority, that is not organized for profit, that is	45119
affiliated with a state or national sporting organization,	45120
including but not limited to, the Ohio league of sportsmen, and	45121
that has been in continuous existence in this state for a period	45122
of three years.	45123

(FFF) "Community action agency" has the same meaning as in	45124
section 122.66 of the Revised Code.	45125

Sec. 2917.40. (A) As used in this section:

45126

(1) "Live entertainment performance" means any live speech;	45127
any live musical performance, including a concert; any live	45128
dramatic performance; any live variety show; and any other live	45129
performance with respect to which the primary intent of the	45130
audience can be construed to be viewing the performers. A "live	45131
entertainment performance" does not include any form of	45132
entertainment with respect to which the person purchasing a ticket	45133
routinely participates in amusements as well as views performers.	45134

(2) "Restricted entertainment area" means any wholly or	45135
partially enclosed area, whether indoors or outdoors, that has	45136
limited access through established entrances, or established	45137
~~turnstyles~~turnstiles or similar devices.	45138

(3) "Concert" means a musical performance of which the	45139
primary component is a presentation by persons singing or playing	45140
musical instruments, that is intended by its sponsors mainly, but	45141
not necessarily exclusively, for the listening enjoyment of the	45142
audience, and that is held in a facility. A "concert" does not	45143
include any performance in which music is a part of the	45144
presentation and the primary component of which is acting,	45145
dancing, a motion picture, a demonstration of skills or talent	45146
other than singing or playing an instrument, an athletic event, an	45147
exhibition, or a speech.	45148

(4) "Facility" means any structure that has a roof or partial	45149
roof and that has walls that wholly surround the area on all	45150
sides, including, but not limited to, a stadium, hall, arena,	45151
armory, auditorium, ballroom, exhibition hall, convention center,	45152
or music hall.	45153

(5) "Person" includes, in addition to an individual or entity	45154
specified in division (C) of section 1.59 of the Revised Code, any	45155
governmental entity.	45156

(B)(1) No person shall sell, offer to sell, or offer in	45157
return for a donation any ticket that is not numbered and that	45158
does not correspond to a specific seat for admission to either of	45159
the following:	45160

(a) A live entertainment performance that is not exempted	45161
under division (D) of this section, that is held in a restricted	45162
entertainment area, and for which more than eight thousand tickets	45163
are offered to the public;	45164

(b) A concert that is not exempted under division (D) of this	45165
section and for which more than three thousand tickets are offered	45166
to the public.	45167

(2) No person shall advertise any live entertainment	45168
performance as described in division (B)(1)(a) of this section or	45169
any concert as described in division (B)(1)(b) of this section,	45170
unless the advertisement contains the words "Reserved Seats Only."	45171

(C) Unless exempted by division (D)(1) of this section, no	45172
person who owns or operates any restricted entertainment area	45173
shall fail to open, maintain, and properly staff at least the	45174
number of entrances designated under division (E) of this section	45175
for a minimum of ninety minutes prior to the scheduled start of	45176
any live entertainment performance that is held in the restricted	45177
entertainment area and for which more than three thousand tickets	45178
are sold, offered for sale, or offered in return for a donation.	45179

(D)(1) A live entertainment performance, other than a	45180
concert, is exempted from the provisions of divisions (B) and (C)	45181
of this section if both of the following apply:	45182

(a) The restricted entertainment area in which the	45183
performance is held has at least eight entrances or, if both	45184
entrances and separate admission ~~turnstyles~~turnstiles or similar	45185
devices are used, has at least eight ~~turnstyles~~turnstiles or	45186
similar devices;	45187

(b) The eight entrances or, if applicable, the eight	45188
~~turnstyles~~turnstiles or similar devices are opened, maintained,	45189
and properly staffed at least one hour prior to the scheduled	45190
start of the performance.	45191

(2)(a) The chief of the police department of a township	45192
police district or joint police district in the case of a facility	45193
located within the district, the officer responsible for public	45194
safety within a municipal corporation in the case of a facility	45195
located within the municipal corporation, or the county sheriff in	45196
the case of a facility located outside the boundaries of a	45197
township or joint police district or municipal corporation may,	45198
upon application of the sponsor of a concert covered by division	45199
(B) of this section, exempt the concert from the provisions of	45200
that division if the official finds that the health, safety, and	45201
welfare of the participants and spectators would not be	45202
substantially affected by failure to comply with the provisions of	45203
that division.	45204

In determining whether to grant an exemption, the official	45205
shall consider the following factors:	45206

(i) The size and design of the facility in which the concert	45207
is scheduled;	45208

(ii) The size, age, and anticipated conduct of the crowd	45209
expected to attend the concert;	45210

(iii) The ability of the sponsor to manage and control the	45211
expected crowd.	45212

If the sponsor of any concert desires to obtain an exemption	45213
under this division, the sponsor shall apply to the appropriate	45214
official on a form prescribed by that official. The official shall	45215
issue an order that grants or denies the exemption within five	45216
days after receipt of the application. The sponsor may appeal any	45217
order that denies an exemption to the court of common pleas of the	45218
county in which the facility is located.	45219

(b) If an official grants an exemption under division	45220
(D)(2)(a) of this section, the official shall designate an on-duty	45221
law enforcement officer to be present at the concert. The	45222
designated officer has authority to issue orders to all security	45223
personnel at the concert to protect the health, safety, and	45224
welfare of the participants and spectators.	45225

(3) Notwithstanding division (D)(2) of this section, in the	45226
case of a concert held in a facility located on the campus of an	45227
educational institution covered by section 3345.04 of the Revised	45228
Code, a state university law enforcement officer appointed	45229
pursuant to sections 3345.04 and 3345.21 of the Revised Code shall	45230
do both of the following:	45231

(a) Exercise the authority to grant exemptions provided by	45232
division (D)(2)(a) of this section in lieu of an official	45233
designated in that division;	45234

(b) If the officer grants an exemption under division	45235
(D)(3)(a) of this section, designate an on-duty state university	45236
law enforcement officer to be present at the concert. The	45237
designated officer has authority to issue orders to all security	45238
personnel at the concert to protect the health, safety, and	45239
welfare of the participants and spectators.	45240

(E)(1) Unless a live entertainment performance is exempted by	45241
division (D)(1) of this section, the chief of the police	45242
department of a township police district or joint police district	45243
in the case of a restricted entertainment area located within the	45244
district, the officer responsible for public safety within a	45245
municipal corporation in the case of a restricted entertainment	45246
area located within the municipal corporation, or the county	45247
sheriff in the case of a restricted entertainment area located	45248
outside the boundaries of a township or joint police district or	45249
municipal corporation shall designate, for purposes of division	45250
(C) of this section, the minimum number of entrances required to	45251
be opened, maintained, and staffed at each live entertainment	45252
performance so as to permit crowd control and reduce congestion at	45253
the entrances. The designation shall be based on such factors as	45254
the size and nature of the crowd expected to attend the live	45255
entertainment performance, the length of time prior to the live	45256
entertainment performance that crowds are expected to congregate	45257
at the entrances, and the amount of security provided at the	45258
restricted entertainment area.	45259

(2) Notwithstanding division (E)(1) of this section, a state	45260
university law enforcement officer appointed pursuant to sections	45261
3345.04 and 3345.21 of the Revised Code shall designate the number	45262
of entrances required to be opened, maintained, and staffed in the	45263
case of a live entertainment performance that is held at a	45264
restricted entertainment area located on the campus of an	45265
educational institution covered by section 3345.04 of the Revised	45266
Code.	45267

(F) No person shall enter into any contract for a live	45268
entertainment performance, that does not permit or require	45269
compliance with this section.	45270

(G)(1) This section does not apply to a live entertainment	45271
performance held in a restricted entertainment area if one	45272
admission ticket entitles the holder to view or participate in	45273
three or more different games, rides, activities, or live	45274
entertainment performances occurring simultaneously at different	45275
sites within the restricted entertainment area and if the initial	45276
admittance entrance to the restricted entertainment area, for	45277
which the ticket is required, is separate from the entrance to any	45278
specific live entertainment performance and an additional ticket	45279
is not required for admission to the particular live entertainment	45280
performance.	45281

(2) This section does not apply to a symphony orchestra	45282
performance, a ballet performance, horse races, dances, or fairs.	45283

(H) This section does not prohibit the legislative authority	45284
of any municipal corporation from imposing additional	45285
requirements, not in conflict with this section, for the promotion	45286
or holding of live entertainment performances.	45287

(I) Whoever violates division (B), (C), or (F) of this	45288
section is guilty of a misdemeanor of the first degree. If any	45289
individual suffers physical harm to ~~his~~the individual's person as	45290
a result of a violation of this section, the sentencing court	45291
shall consider this factor in favor of imposing a term of	45292
imprisonment upon the offender.	45293

Sec. 2919.271. (A)(1)(a) If a defendant is charged with a	45294
violation of section 2919.27 of the Revised Code or of a municipal	45295
ordinance that is substantially similar to that section, the court	45296
may order an evaluation of the mental condition of the defendant	45297
if the court determines that either of the following criteria	45298
apply:	45299

(i) If the alleged violation is a violation of a protection	45300
order issued or consent agreement approved pursuant to section	45301
2919.26 or 3113.31 of the Revised Code, that the violation	45302
allegedly involves conduct by the defendant that caused physical	45303
harm to the person or property of a family or household member	45304
covered by the order or agreement, or conduct by the defendant	45305
that caused a family or household member to believe that the	45306
defendant would cause physical harm to that member or that	45307
member's property.	45308

(ii) If the alleged violation is a violation of a protection	45309
order issued pursuant to section 2903.213 or 2903.214 of the	45310
Revised Code or a protection order issued by a court of another	45311
state, that the violation allegedly involves conduct by the	45312
defendant that caused physical harm to the person or property of	45313
the person covered by the order, or conduct by the defendant that	45314
caused the person covered by the order to believe that the	45315
defendant would cause physical harm to that person or that	45316
person's property.	45317

(b) If a defendant is charged with a violation of section	45318
2903.211 of the Revised Code or of a municipal ordinance that is	45319
substantially similar to that section, the court may order an	45320
evaluation of the mental condition of the defendant.	45321

(2) An evaluation ordered under division (A)(1) of this	45322
section shall be completed no later than thirty days from the date	45323
the order is entered pursuant to that division. In that order, the	45324
court shall do either of the following:	45325

(a) Order that the evaluation of the mental condition of the	45326
defendant be preceded by an examination conducted either by a	45327
forensic center that is designated by the department of mental	45328
health to conduct examinations and make evaluations of defendants	45329
charged with violations of section 2903.211 or 2919.27 of the	45330
Revised Code or of substantially similar municipal ordinances in	45331
the area in which the court is located, or by any other program or	45332
facility that is designated by the department of mental health or	45333
the department of developmental disabilities to conduct	45334
examinations and make evaluations of defendants charged with	45335
violations of section 2903.211 or 2919.27 of the Revised Code or	45336
of substantially similar municipal ordinances, and that is	45337
operated by either department or is certified by either department	45338
as being in compliance with the standards established under	45339
division ~~(I)~~(H) of section 5119.01 of the Revised Code or division	45340
(C) of section 5123.04 of the Revised Code.	45341

(b) Designate a center, program, or facility other than one	45342
designated by the department of mental health or the department of	45343
developmental disabilities, as described in division (A)(2)(a) of	45344
this section, to conduct the evaluation and preceding examination	45345
of the mental condition of the defendant.	45346

Whether the court acts pursuant to division (A)(2)(a) or (b)	45347
of this section, the court may designate examiners other than the	45348
personnel of the center, program, facility, or department involved	45349
to make the evaluation and preceding examination of the mental	45350
condition of the defendant.	45351

(B) If the court considers that additional evaluations of the	45352
mental condition of a defendant are necessary following the	45353
evaluation authorized by division (A) of this section, the court	45354
may order up to two additional similar evaluations. These	45355
evaluations shall be completed no later than thirty days from the	45356
date the applicable court order is entered. If more than one	45357
evaluation of the mental condition of the defendant is ordered	45358
under this division, the prosecutor and the defendant may	45359
recommend to the court an examiner whom each prefers to perform	45360
one of the evaluations and preceding examinations.	45361

(C)(1) The court may order a defendant who has been released	45362
on bail to submit to an examination under division (A) or (B) of	45363
this section. The examination shall be conducted either at the	45364
detention facility in which the defendant would have been confined	45365
if the defendant had not been released on bail, or, if so	45366
specified by the center, program, facility, or examiners involved,	45367
at the premises of the center, program, or facility. Additionally,	45368
the examination shall be conducted at the times established by the	45369
examiners involved. If such a defendant refuses to submit to an	45370
examination or a complete examination as required by the court or	45371
the center, program, facility, or examiners involved, the court	45372
may amend the conditions of the bail of the defendant and order	45373
the sheriff to take the defendant into custody and deliver the	45374
defendant to the detention facility in which the defendant would	45375
have been confined if the defendant had not been released on bail,	45376
or, if so specified by the center, program, facility, or examiners	45377
involved, to the premises of the center, program, or facility, for	45378
purposes of the examination.	45379

(2) A defendant who has not been released on bail shall be	45380
examined at the detention facility in which the defendant is	45381
confined or, if so specified by the center, program, facility, or	45382
examiners involved, at the premises of the center, program, or	45383
facility.	45384

(D) The examiner of the mental condition of a defendant under	45385
division (A) or (B) of this section shall file a written report	45386
with the court within thirty days after the entry of an order for	45387
the evaluation of the mental condition of the defendant. The	45388
report shall contain the findings of the examiner; the facts in	45389
reasonable detail on which the findings are based; the opinion of	45390
the examiner as to the mental condition of the defendant; the	45391
opinion of the examiner as to whether the defendant represents a	45392
substantial risk of physical harm to other persons as manifested	45393
by evidence of recent homicidal or other violent behavior,	45394
evidence of recent threats that placed other persons in reasonable	45395
fear of violent behavior and serious physical harm, or evidence of	45396
present dangerousness; and the opinion of the examiner as to the	45397
types of treatment or counseling that the defendant needs. The	45398
court shall provide copies of the report to the prosecutor and	45399
defense counsel.	45400

(E) The costs of any evaluation and preceding examination of	45401
a defendant that is ordered pursuant to division (A) or (B) of	45402
this section shall be taxed as court costs in the criminal case.	45403

(F) If the examiner considers it necessary in order to make	45404
an accurate evaluation of the mental condition of a defendant, an	45405
examiner under division (A) or (B) of this section may request any	45406
family or household member of the defendant to provide the	45407
examiner with information. A family or household member may, but	45408
is not required to, provide information to the examiner upon	45409
receipt of the request.	45410

(G) As used in this section:

45411

(1) "Bail" includes a recognizance.

45412

(2) "Examiner" means a psychiatrist, a licensed independent	45413
social worker who is employed by a forensic center that is	45414
certified as being in compliance with the standards established	45415
under division ~~(I)~~(H) of section 5119.01 or division (C) of	45416
section 5123.04 of the Revised Code, a licensed professional	45417
clinical counselor who is employed at a forensic center that is	45418
certified as being in compliance with such standards, or a	45419
licensed clinical psychologist, except that in order to be an	45420
examiner, a licensed clinical psychologist shall meet the criteria	45421
of division (I)(1) of section 5122.01 of the Revised Code or be	45422
employed to conduct examinations by the department of mental	45423
health or by a forensic center certified as being in compliance	45424
with the standards established under division ~~(I)~~(H) of section	45425
5119.01 or division (C) of section 5123.04 of the Revised Code	45426
that is designated by the department of mental health.	45427

(3) "Family or household member" has the same meaning as in	45428
section 2919.25 of the Revised Code.	45429

(4) "Prosecutor" has the same meaning as in section 2935.01	45430
of the Revised Code.	45431

(5) "Psychiatrist" and "licensed clinical psychologist" have	45432
the same meanings as in section 5122.01 of the Revised Code.	45433

(6) "Protection order issued by a court of another state" has	45434
the same meaning as in section 2919.27 of the Revised Code.	45435

Sec. 2921.41. (A) No public official or party official shall	45436
commit any theft offense, as defined in division (K) of section	45437
2913.01 of the Revised Code, when either of the following applies:	45438

(1) The offender uses the offender's office in aid of	45439
committing the offense or permits or assents to its use in aid of	45440
committing the offense;	45441

(2) The property or service involved is owned by this state,	45442
any other state, the United States, a county, a municipal	45443
corporation, a township, or any political subdivision, department,	45444
or agency of any of them, is owned by a political party, or is	45445
part of a political campaign fund.	45446

(B) Whoever violates this section is guilty of theft in	45447
office. Except as otherwise provided in this division, theft in	45448
office is a felony of the fifth degree. If the value of property	45449
or services stolen is five hundred dollars or more and is less	45450
than five thousand dollars, theft in office is a felony of the	45451
fourth degree. If the value of property or services stolen is five	45452
thousand dollars or more, theft in office is a felony of the third	45453
degree.	45454

(C)(1) A public official or party official who pleads guilty	45455
to theft in office and whose plea is accepted by the court or a	45456
public official or party official against whom a verdict or	45457
finding of guilt for committing theft in office is returned is	45458
forever disqualified from holding any public office, employment,	45459
or position of trust in this state.	45460

(2)(a) A court that imposes sentence for a violation of this	45461
section based on conduct described in division (A)(2) of this	45462
section shall require the public official or party official who is	45463
convicted of or pleads guilty to the offense to make restitution	45464
for all of the property or the service that is the subject of the	45465
offense, in addition to the term of imprisonment and any fine	45466
imposed. A court that imposes sentence for a violation of this	45467
section based on conduct described in division (A)(1) of this	45468
section and that determines at trial that this state or a	45469
political subdivision of this state if the offender is a public	45470
official, or a political party in the United States or this state	45471
if the offender is a party official, suffered actual loss as a	45472
result of the offense shall require the offender to make	45473
restitution to the state, political subdivision, or political	45474
party for all of the actual loss experienced, in addition to the	45475
term of imprisonment and any fine imposed.	45476

(b)(i) In any case in which a sentencing court is required to	45477
order restitution under division (C)(2)(a) of this section and in	45478
which the offender, at the time of the commission of the offense	45479
or at any other time, was a member of the public employees	45480
retirement system, the Ohio police and fire pension fund, the	45481
state teachers retirement system, the school employees retirement	45482
system, or the state highway patrol retirement system; was an	45483
electing employee, as defined in section 3305.01 of the Revised	45484
Code, participating in an alternative retirement plan provided	45485
pursuant to Chapter 3305. of the Revised Code; was a participating	45486
employee or continuing member, as defined in section 148.01 of the	45487
Revised Code, in a deferred compensation program offered by the	45488
Ohio public employees deferred compensation board; was an officer	45489
or employee of a municipal corporation who was a participant in a	45490
deferred compensation program offered by that municipal	45491
corporation; was an officer or employee of a government unit, as	45492
defined in section 148.06 of the Revised Code, who was a	45493
participant in a deferred compensation program offered by that	45494
government unit, was a participant in a deferred compensation	45495
program styled as a supplemental employee deferral plan offered by	45496
the treasurer of state, or was a participating employee,	45497
continuing member, or participant in any deferred compensation	45498
program described in this division and a member of a retirement	45499
system specified in this division or a retirement system of a	45500
municipal corporation, the entity to which restitution is to be	45501
made may file a motion with the sentencing court specifying any	45502
retirement system, any provider as defined in section 3305.01 of	45503
the Revised Code, and any deferred compensation program of which	45504
the offender was a member, electing employee, participating	45505
employee, continuing member, or participant and requesting the	45506
court to issue an order requiring the specified retirement system,	45507
the specified provider under the alternative retirement plan, or	45508
the specified deferred compensation program, or, if more than one	45509
is specified in the motion, the applicable combination of these,	45510
to withhold the amount required as restitution from any payment	45511
that is to be made under a pension, annuity, or allowance, under	45512
an option in the alternative retirement plan, under a participant	45513
account, as defined in section 148.01 of the Revised Code, or	45514
under any other type of benefit, other than a survivorship	45515
benefit, that has been or is in the future granted to the	45516
offender, from any payment of accumulated employee contributions	45517
standing to the offender's credit with that retirement system,	45518
that provider of the option under the alternative retirement plan,	45519
or that deferred compensation program, or, if more than one is	45520
specified in the motion, the applicable combination of these, and	45521
from any payment of any other amounts to be paid to the offender	45522
upon the offender's withdrawal of the offender's contributions	45523
pursuant to Chapter 145., 148., 742., 3307., 3309., or 5505. of	45524
the Revised Code. A motion described in this division may be filed	45525
at any time subsequent to the conviction of the offender or entry	45526
of a guilty plea. Upon the filing of the motion, the clerk of the	45527
court in which the motion is filed shall notify the offender, the	45528
specified retirement system, the specified provider under the	45529
alternative retirement plan, or the specified deferred	45530
compensation program, or, if more than one is specified in the	45531
motion, the applicable combination of these, in writing, of all of	45532
the following: that the motion was filed; that the offender will	45533
be granted a hearing on the issuance of the requested order if the	45534
offender files a written request for a hearing with the clerk	45535
prior to the expiration of thirty days after the offender receives	45536
the notice; that, if a hearing is requested, the court will	45537
schedule a hearing as soon as possible and notify the offender,	45538
any specified retirement system, any specified provider under an	45539
alternative retirement plan, and any specified deferred	45540
compensation program of the date, time, and place of the hearing;	45541
that, if a hearing is conducted, it will be limited only to a	45542
consideration of whether the offender can show good cause why the	45543
requested order should not be issued; that, if a hearing is	45544
conducted, the court will not issue the requested order if the	45545
court determines, based on evidence presented at the hearing by	45546
the offender, that there is good cause for the requested order not	45547
to be issued; that the court will issue the requested order if a	45548
hearing is not requested or if a hearing is conducted but the	45549
court does not determine, based on evidence presented at the	45550
hearing by the offender, that there is good cause for the	45551
requested order not to be issued; and that, if the requested order	45552
is issued, any retirement system, any provider under an	45553
alternative retirement plan, and any deferred compensation program	45554
specified in the motion will be required to withhold the amount	45555
required as restitution from payments to the offender.	45556

(ii) In any case in which a sentencing court is required to	45557
order restitution under division (C)(2)(a) of this section and in	45558
which a motion requesting the issuance of a withholding order as	45559
described in division (C)(2)(b)(i) of this section is filed, the	45560
offender may receive a hearing on the motion by delivering a	45561
written request for a hearing to the court prior to the expiration	45562
of thirty days after the offender's receipt of the notice provided	45563
pursuant to division (C)(2)(b)(i) of this section. If a request	45564
for a hearing is made by the offender within the prescribed time,	45565
the court shall schedule a hearing as soon as possible after the	45566
request is made and shall notify the offender, the specified	45567
retirement system, the specified provider under the alternative	45568
retirement plan, or the specified deferred compensation program,	45569
or, if more than one is specified in the motion, the applicable	45570
combination of these, of the date, time, and place of the hearing.	45571
A hearing scheduled under this division shall be limited to a	45572
consideration of whether there is good cause, based on evidence	45573
presented by the offender, for the requested order not to be	45574
issued. If the court determines, based on evidence presented by	45575
the offender, that there is good cause for the order not to be	45576
issued, the court shall deny the motion and shall not issue the	45577
requested order. If the offender does not request a hearing within	45578
the prescribed time or if the court conducts a hearing but does	45579
not determine, based on evidence presented by the offender, that	45580
there is good cause for the order not to be issued, the court	45581
shall order the specified retirement system, the specified	45582
provider under the alternative retirement plan, or the specified	45583
deferred compensation program, or, if more than one is specified	45584
in the motion, the applicable combination of these, to withhold	45585
the amount required as restitution under division (C)(2)(a) of	45586
this section from any payments to be made under a pension,	45587
annuity, or allowance, under a participant account, as defined in	45588
section 148.01 of the Revised Code, under an option in the	45589
alternative retirement plan, or under any other type of benefit,	45590
other than a survivorship benefit, that has been or is in the	45591
future granted to the offender, from any payment of accumulated	45592
employee contributions standing to the offender's credit with that	45593
retirement system, that provider under the alternative retirement	45594
plan, or that deferred compensation program, or, if more than one	45595
is specified in the motion, the applicable combination of these,	45596
and from any payment of any other amounts to be paid to the	45597
offender upon the offender's withdrawal of the offender's	45598
contributions pursuant to Chapter 145., 148., 742., 3307., 3309.,	45599
or 5505. of the Revised Code, and to continue the withholding for	45600
that purpose, in accordance with the order, out of each payment to	45601
be made on or after the date of issuance of the order, until	45602
further order of the court. Upon receipt of an order issued under	45603
this division, the public employees retirement system, the Ohio	45604
police and fire pension fund, the state teachers retirement	45605
system, the school employees retirement system, the state highway	45606
patrol retirement system, a municipal corporation retirement	45607
system, the provider under the alternative retirement plan, and	45608
the deferred compensation program offered by the Ohio public	45609
employees deferred compensation board, treasurer of state, a	45610
municipal corporation, or a government unit, as defined in section	45611
148.06 of the Revised Code, whichever are applicable, shall	45612
withhold the amount required as restitution, in accordance with	45613
the order, from any such payments and immediately shall forward	45614
the amount withheld to the clerk of the court in which the order	45615
was issued for payment to the entity to which restitution is to be	45616
made.	45617

(iii) Service of a notice required by division (C)(2)(b)(i)	45618
or (ii) of this section shall be effected in the same manner as	45619
provided in the Rules of Civil Procedure for the service of	45620
process.	45621

(D) Upon the filing of charges against a person under this	45622
section, the prosecutor, as defined in section 2935.01 of the	45623
Revised Code, who is assigned the case shall send written notice	45624
that charges have been filed against that person to the public	45625
employees retirement system, the Ohio police and fire pension	45626
fund, the state teachers retirement system, the school employees	45627
retirement system, the state highway patrol retirement system, the	45628
provider under an alternative retirement plan, any municipal	45629
corporation retirement system in this state, and the deferred	45630
compensation program offered by the Ohio public employees deferred	45631
compensation board, treasurer of state, a municipal corporation,	45632
or a government unit, as defined in section 148.06 of the Revised	45633
Code. The written notice shall specifically identify the person	45634
charged.	45635

Sec. 2929.71. (A) As used in this section:

45636

(1) "Agency" means any law enforcement agency, other public	45637
agency, or public official involved in the investigation or	45638
prosecution of the offender or in the investigation of the fire or	45639
explosion in an aggravated arson, arson, or criminal damaging or	45640
endangering case. An "agency" includes, but is not limited to, a	45641
sheriff's office, a municipal corporation, township, or township	45642
or joint police district police department, the office of a	45643
prosecuting attorney, city director of law, village solicitor, or	45644
similar chief legal officer of a municipal corporation, the fire	45645
marshal's office, a municipal corporation, township, or township	45646
fire district fire department, the office of a fire prevention	45647
officer, and any state, county, or municipal corporation crime	45648
laboratory.	45649

(2) "Assets" includes all forms of real or personal property.

45650

(3) "Itemized statement" means the statement of costs	45651
described in division (B) of this section.	45652

(4) "Offender" means the person who has been convicted of or	45653
pleaded guilty to committing, attempting to commit, or complicity	45654
in committing a violation of section 2909.02 or 2909.03 of the	45655
Revised Code, or, when the means used are fire or explosion,	45656
division (A)(2) of section 2909.06 of the Revised Code.	45657

(5) "Costs" means the reasonable value of the time spent by	45658
an officer or employee of an agency on the aggravated arson,	45659
arson, or criminal damaging or endangering case, any moneys spent	45660
by the agency on that case, and the reasonable fair market value	45661
of resources used or expended by the agency on that case.	45662

(B) Prior to the sentencing of an offender, the court shall	45663
enter an order that directs agencies that wish to be reimbursed by	45664
the offender for the costs they incurred in the investigation or	45665
prosecution of the offender or in the investigation of the fire or	45666
explosion involved in the case, to file with the court within a	45667
specified time an itemized statement of those costs. The order	45668
also shall require that a copy of the itemized statement be given	45669
to the offender or offender's attorney within the specified time.	45670
Only itemized statements so filed and given shall be considered at	45671
the hearing described in division (C) of this section.	45672

(C) The court shall set a date for a hearing on all the	45673
itemized statements filed with it and given to the offender or the	45674
offender's attorney in accordance with division (B) of this	45675
section. The hearing shall be held prior to the sentencing of the	45676
offender, but may be held on the same day as the sentencing.	45677
Notice of the hearing date shall be given to the offender or the	45678
offender's attorney and to the agencies whose itemized statements	45679
are involved. At the hearing, each agency has the burden of	45680
establishing by a preponderance of the evidence that the costs set	45681
forth in its itemized statement were incurred in the investigation	45682
or prosecution of the offender or in the investigation of the fire	45683
or explosion involved in the case, and of establishing by a	45684
preponderance of the evidence that the offender has assets	45685
available for the reimbursement of all or a portion of the costs.	45686

The offender may cross-examine all witnesses and examine all	45687
documentation presented by the agencies at the hearing, and the	45688
offender may present at the hearing witnesses and documentation	45689
the offender has obtained without a subpoena or a subpoena duces	45690
tecum or, in the case of documentation, that belongs to the	45691
offender. The offender also may issue subpoenas and subpoenas	45692
duces tecum for, and present and examine at the hearing, witnesses	45693
and documentation, subject to the following applying to the	45694
witnesses or documentation subpoenaed:	45695

(1) The testimony of witnesses subpoenaed or documentation	45696
subpoenaed is material to the preparation or presentation by the	45697
offender of the offender's defense to the claims of the agencies	45698
for a reimbursement of costs;	45699

(2) If witnesses to be subpoenaed are personnel of an agency	45700
or documentation to be subpoenaed belongs to an agency, the	45701
personnel or documentation may be subpoenaed only if the agency	45702
involved has indicated, pursuant to this division, that it intends	45703
to present the personnel as witnesses or use the documentation at	45704
the hearing. The offender shall submit, in writing, a request to	45705
an agency as described in this division to ascertain whether the	45706
agency intends to present various personnel as witnesses or to use	45707
particular documentation. The request shall indicate that the	45708
offender is considering issuing subpoenas to personnel of the	45709
agency who are specifically named or identified by title or	45710
position, or for documentation of the agency that is specifically	45711
described or generally identified, and shall request the agency to	45712
indicate, in writing, whether it intends to present such personnel	45713
as witnesses or to use such documentation at the hearing. The	45714
agency shall promptly reply to the request of the offender. An	45715
agency is prohibited from presenting personnel as witnesses or	45716
from using documentation at the hearing if it indicates to the	45717
offender it does not intend to do so in response to a request of	45718
the offender under this division, or if it fails to reply or	45719
promptly reply to such a request.	45720

(D) Following the hearing, the court shall determine which of	45721
the agencies established by a preponderance of the evidence that	45722
costs set forth in their itemized statements were incurred as	45723
described in division (C) of this section and that the offender	45724
has assets available for reimbursement purposes. The court also	45725
shall determine whether the offender has assets available to	45726
reimburse all such agencies, in whole or in part, for their	45727
established costs, and if it determines that the assets are	45728
available, it shall order the offender, as part of the offender's	45729
sentence, to reimburse the agencies from the offender's assets for	45730
all or a specified portion of their established costs.	45731

Sec. 2935.01. As used in this chapter:

45732

(A) "Magistrate" has the same meaning as in section 2931.01	45733
of the Revised Code.	45734

(B) "Peace officer" includes, except as provided in section	45735
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	45736
deputy marshal; member of the organized police department of any	45737
municipal corporation, including a member of the organized police	45738
department of a municipal corporation in an adjoining state	45739
serving in Ohio under a contract pursuant to section 737.04 of the	45740
Revised Code; member of a police force employed by a metropolitan	45741
housing authority under division (D) of section 3735.31 of the	45742
Revised Code; member of a police force employed by a regional	45743
transit authority under division (Y) of section 306.05 of the	45744
Revised Code; state university law enforcement officer appointed	45745
under section 3345.04 of the Revised Code; enforcement agent of	45746
the department of public safety designated under section 5502.14	45747
of the Revised Code; employee of the department of taxation to	45748
whom investigation powers have been delegated under section	45749
5743.45 of the Revised Code; employee of the department of natural	45750
resources who is a natural resources law enforcement staff officer	45751
designated pursuant to section 1501.013 of the Revised Code, a	45752
forest officer designated pursuant to section 1503.29 of the	45753
Revised Code, a preserve officer designated pursuant to section	45754
1517.10 of the Revised Code, a wildlife officer designated	45755
pursuant to section 1531.13 of the Revised Code, a park officer	45756
designated pursuant to section 1541.10 of the Revised Code, or a	45757
state watercraft officer designated pursuant to section 1547.521	45758
of the Revised Code; individual designated to perform law	45759
enforcement duties under section 511.232, 1545.13, or 6101.75 of	45760
the Revised Code; veterans' home police officer appointed under	45761
section 5907.02 of the Revised Code; special police officer	45762
employed by a port authority under section 4582.04 or 4582.28 of	45763
the Revised Code; police constable of any township; police officer	45764
of a township or joint ~~township~~ police district; a special police	45765
officer employed by a municipal corporation at a municipal	45766
airport, or other municipal air navigation facility, that has	45767
scheduled operations, as defined in section 119.3 of Title 14 of	45768
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	45769
that is required to be under a security program and is governed by	45770
aviation security rules of the transportation security	45771
administration of the United States department of transportation	45772
as provided in Parts 1542. and 1544. of Title 49 of the Code of	45773
Federal Regulations, as amended; the house of representatives	45774
sergeant at arms if the house of representatives sergeant at arms	45775
has arrest authority pursuant to division (E)(1) of section	45776
101.311 of the Revised Code; and an assistant house of	45777
representatives sergeant at arms; officer or employee of the	45778
bureau of criminal identification and investigation established	45779
pursuant to section 109.51 of the Revised Code who has been	45780
awarded a certificate by the executive director of the Ohio peace	45781
officer training commission attesting to the officer's or	45782
employee's satisfactory completion of an approved state, county,	45783
municipal, or department of natural resources peace officer basic	45784
training program and who is providing assistance upon request to a	45785
law enforcement officer or emergency assistance to a peace officer	45786
pursuant to section 109.54 or 109.541 of the Revised Code; a state	45787
fire marshal law enforcement officer described in division (A)(23)	45788
of section 109.71 of the Revised Code; and, for the purpose of	45789
arrests within those areas, for the purposes of Chapter 5503. of	45790
the Revised Code, and the filing of and service of process	45791
relating to those offenses witnessed or investigated by them, the	45792
superintendent and troopers of the state highway patrol.	45793

(C) "Prosecutor" includes the county prosecuting attorney and	45794
any assistant prosecutor designated to assist the county	45795
prosecuting attorney, and, in the case of courts inferior to	45796
courts of common pleas, includes the village solicitor, city	45797
director of law, or similar chief legal officer of a municipal	45798
corporation, any such officer's assistants, or any attorney	45799
designated by the prosecuting attorney of the county to appear for	45800
the prosecution of a given case.	45801

(D) "Offense," except where the context specifically	45802
indicates otherwise, includes felonies, misdemeanors, and	45803
violations of ordinances of municipal corporations and other	45804
public bodies authorized by law to adopt penal regulations.	45805

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	45806
deputy marshal, municipal police officer, township constable,	45807
police officer of a township or joint ~~township~~ police district,	45808
member of a police force employed by a metropolitan housing	45809
authority under division (D) of section 3735.31 of the Revised	45810
Code, member of a police force employed by a regional transit	45811
authority under division (Y) of section 306.35 of the Revised	45812
Code, state university law enforcement officer appointed under	45813
section 3345.04 of the Revised Code, veterans' home police officer	45814
appointed under section 5907.02 of the Revised Code, special	45815
police officer employed by a port authority under section 4582.04	45816
or 4582.28 of the Revised Code, or a special police officer	45817
employed by a municipal corporation at a municipal airport, or	45818
other municipal air navigation facility, that has scheduled	45819
operations, as defined in section 119.3 of Title 14 of the Code of	45820
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	45821
required to be under a security program and is governed by	45822
aviation security rules of the transportation security	45823
administration of the United States department of transportation	45824
as provided in Parts 1542. and 1544. of Title 49 of the Code of	45825
Federal Regulations, as amended, shall arrest and detain, until a	45826
warrant can be obtained, a person found violating, within the	45827
limits of the political subdivision, metropolitan housing	45828
authority housing project, regional transit authority facilities	45829
or areas of a municipal corporation that have been agreed to by a	45830
regional transit authority and a municipal corporation located	45831
within its territorial jurisdiction, college, university,	45832
veterans' home operated under Chapter 5907. of the Revised Code,	45833
port authority, or municipal airport or other municipal air	45834
navigation facility, in which the peace officer is appointed,	45835
employed, or elected, a law of this state, an ordinance of a	45836
municipal corporation, or a resolution of a township.	45837

(2) A peace officer of the department of natural resources, a	45838
state fire marshal law enforcement officer described in division	45839
(A)(23) of section 109.71 of the Revised Code, or an individual	45840
designated to perform law enforcement duties under section	45841
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	45842
detain, until a warrant can be obtained, a person found violating,	45843
within the limits of the peace officer's, state fire marshal law	45844
enforcement officer's, or individual's territorial jurisdiction, a	45845
law of this state.	45846

(3) The house sergeant at arms, if the house sergeant at arms	45847
has arrest authority pursuant to division (E)(1) of section	45848
101.311 of the Revised Code, and an assistant house sergeant at	45849
arms shall arrest and detain, until a warrant can be obtained, a	45850
person found violating, within the limits of the sergeant at	45851
arms's or assistant sergeant at arms's territorial jurisdiction	45852
specified in division (D)(1)(a) of section 101.311 of the Revised	45853
Code or while providing security pursuant to division (D)(1)(f) of	45854
section 101.311 of the Revised Code, a law of this state, an	45855
ordinance of a municipal corporation, or a resolution of a	45856
township.	45857

(B)(1) When there is reasonable ground to believe that an	45858
offense of violence, the offense of criminal child enticement as	45859
defined in section 2905.05 of the Revised Code, the offense of	45860
public indecency as defined in section 2907.09 of the Revised	45861
Code, the offense of domestic violence as defined in section	45862
2919.25 of the Revised Code, the offense of violating a protection	45863
order as defined in section 2919.27 of the Revised Code, the	45864
offense of menacing by stalking as defined in section 2903.211 of	45865
the Revised Code, the offense of aggravated trespass as defined in	45866
section 2911.211 of the Revised Code, a theft offense as defined	45867
in section 2913.01 of the Revised Code, or a felony drug abuse	45868
offense as defined in section 2925.01 of the Revised Code, has	45869
been committed within the limits of the political subdivision,	45870
metropolitan housing authority housing project, regional transit	45871
authority facilities or those areas of a municipal corporation	45872
that have been agreed to by a regional transit authority and a	45873
municipal corporation located within its territorial jurisdiction,	45874
college, university, veterans' home operated under Chapter 5907.	45875
of the Revised Code, port authority, or municipal airport or other	45876
municipal air navigation facility, in which the peace officer is	45877
appointed, employed, or elected or within the limits of the	45878
territorial jurisdiction of the peace officer, a peace officer	45879
described in division (A) of this section may arrest and detain	45880
until a warrant can be obtained any person who the peace officer	45881
has reasonable cause to believe is guilty of the violation.	45882

(2) For purposes of division (B)(1) of this section, the	45883
execution of any of the following constitutes reasonable ground to	45884
believe that the offense alleged in the statement was committed	45885
and reasonable cause to believe that the person alleged in the	45886
statement to have committed the offense is guilty of the	45887
violation:	45888

(a) A written statement by a person alleging that an alleged	45889
offender has committed the offense of menacing by stalking or	45890
aggravated trespass;	45891

(b) A written statement by the administrator of the	45892
interstate compact on mental health appointed under section	45893
5119.51 of the Revised Code alleging that a person who had been	45894
hospitalized, institutionalized, or confined in any facility under	45895
an order made pursuant to or under authority of section 2945.37,	45896
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	45897
Revised Code has escaped from the facility, from confinement in a	45898
vehicle for transportation to or from the facility, or from	45899
supervision by an employee of the facility that is incidental to	45900
hospitalization, institutionalization, or confinement in the	45901
facility and that occurs outside of the facility, in violation of	45902
section 2921.34 of the Revised Code;	45903

(c) A written statement by the administrator of any facility	45904
in which a person has been hospitalized, institutionalized, or	45905
confined under an order made pursuant to or under authority of	45906
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	45907
2945.402 of the Revised Code alleging that the person has escaped	45908
from the facility, from confinement in a vehicle for	45909
transportation to or from the facility, or from supervision by an	45910
employee of the facility that is incidental to hospitalization,	45911
institutionalization, or confinement in the facility and that	45912
occurs outside of the facility, in violation of section 2921.34 of	45913
the Revised Code.	45914

(3)(a) For purposes of division (B)(1) of this section, a	45915
peace officer described in division (A) of this section has	45916
reasonable grounds to believe that the offense of domestic	45917
violence or the offense of violating a protection order has been	45918
committed and reasonable cause to believe that a particular person	45919
is guilty of committing the offense if any of the following	45920
occurs:	45921

(i) A person executes a written statement alleging that the	45922
person in question has committed the offense of domestic violence	45923
or the offense of violating a protection order against the person	45924
who executes the statement or against a child of the person who	45925
executes the statement.	45926

(ii) No written statement of the type described in division	45927
(B)(3)(a)(i) of this section is executed, but the peace officer,	45928
based upon the peace officer's own knowledge and observation of	45929
the facts and circumstances of the alleged incident of the offense	45930
of domestic violence or the alleged incident of the offense of	45931
violating a protection order or based upon any other information,	45932
including, but not limited to, any reasonably trustworthy	45933
information given to the peace officer by the alleged victim of	45934
the alleged incident of the offense or any witness of the alleged	45935
incident of the offense, concludes that there are reasonable	45936
grounds to believe that the offense of domestic violence or the	45937
offense of violating a protection order has been committed and	45938
reasonable cause to believe that the person in question is guilty	45939
of committing the offense.	45940

(iii) No written statement of the type described in division	45941
(B)(3)(a)(i) of this section is executed, but the peace officer	45942
witnessed the person in question commit the offense of domestic	45943
violence or the offense of violating a protection order.	45944

(b) If pursuant to division (B)(3)(a) of this section a peace	45945
officer has reasonable grounds to believe that the offense of	45946
domestic violence or the offense of violating a protection order	45947
has been committed and reasonable cause to believe that a	45948
particular person is guilty of committing the offense, it is the	45949
preferred course of action in this state that the officer arrest	45950
and detain that person pursuant to division (B)(1) of this section	45951
until a warrant can be obtained.	45952

If pursuant to division (B)(3)(a) of this section a peace	45953
officer has reasonable grounds to believe that the offense of	45954
domestic violence or the offense of violating a protection order	45955
has been committed and reasonable cause to believe that family or	45956
household members have committed the offense against each other,	45957
it is the preferred course of action in this state that the	45958
officer, pursuant to division (B)(1) of this section, arrest and	45959
detain until a warrant can be obtained the family or household	45960
member who committed the offense and whom the officer has	45961
reasonable cause to believe is the primary physical aggressor.	45962
There is no preferred course of action in this state regarding any	45963
other family or household member who committed the offense and	45964
whom the officer does not have reasonable cause to believe is the	45965
primary physical aggressor, but, pursuant to division (B)(1) of	45966
this section, the peace officer may arrest and detain until a	45967
warrant can be obtained any other family or household member who	45968
committed the offense and whom the officer does not have	45969
reasonable cause to believe is the primary physical aggressor.	45970

(c) If a peace officer described in division (A) of this	45971
section does not arrest and detain a person whom the officer has	45972
reasonable cause to believe committed the offense of domestic	45973
violence or the offense of violating a protection order when it is	45974
the preferred course of action in this state pursuant to division	45975
(B)(3)(b) of this section that the officer arrest that person, the	45976
officer shall articulate in the written report of the incident	45977
required by section 2935.032 of the Revised Code a clear statement	45978
of the officer's reasons for not arresting and detaining that	45979
person until a warrant can be obtained.	45980

(d) In determining for purposes of division (B)(3)(b) of this	45981
section which family or household member is the primary physical	45982
aggressor in a situation in which family or household members have	45983
committed the offense of domestic violence or the offense of	45984
violating a protection order against each other, a peace officer	45985
described in division (A) of this section, in addition to any	45986
other relevant circumstances, should consider all of the	45987
following:	45988

(i) Any history of domestic violence or of any other violent	45989
acts by either person involved in the alleged offense that the	45990
officer reasonably can ascertain;	45991

(ii) If violence is alleged, whether the alleged violence was	45992
caused by a person acting in self-defense;	45993

(iii) Each person's fear of physical harm, if any, resulting	45994
from the other person's threatened use of force against any person	45995
or resulting from the other person's use or history of the use of	45996
force against any person, and the reasonableness of that fear;	45997

(iv) The comparative severity of any injuries suffered by the	45998
persons involved in the alleged offense.	45999

(e)(i) A peace officer described in division (A) of this	46000
section shall not require, as a prerequisite to arresting or	46001
charging a person who has committed the offense of domestic	46002
violence or the offense of violating a protection order, that the	46003
victim of the offense specifically consent to the filing of	46004
charges against the person who has committed the offense or sign a	46005
complaint against the person who has committed the offense.	46006

(ii) If a person is arrested for or charged with committing	46007
the offense of domestic violence or the offense of violating a	46008
protection order and if the victim of the offense does not	46009
cooperate with the involved law enforcement or prosecuting	46010
authorities in the prosecution of the offense or, subsequent to	46011
the arrest or the filing of the charges, informs the involved law	46012
enforcement or prosecuting authorities that the victim does not	46013
wish the prosecution of the offense to continue or wishes to drop	46014
charges against the alleged offender relative to the offense, the	46015
involved prosecuting authorities, in determining whether to	46016
continue with the prosecution of the offense or whether to dismiss	46017
charges against the alleged offender relative to the offense and	46018
notwithstanding the victim's failure to cooperate or the victim's	46019
wishes, shall consider all facts and circumstances that are	46020
relevant to the offense, including, but not limited to, the	46021
statements and observations of the peace officers who responded to	46022
the incident that resulted in the arrest or filing of the charges	46023
and of all witnesses to that incident.	46024

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	46025
this section whether to arrest a person pursuant to division	46026
(B)(1) of this section, a peace officer described in division (A)	46027
of this section shall not consider as a factor any possible	46028
shortage of cell space at the detention facility to which the	46029
person will be taken subsequent to the person's arrest or any	46030
possibility that the person's arrest might cause, contribute to,	46031
or exacerbate overcrowding at that detention facility or at any	46032
other detention facility.	46033

(g) If a peace officer described in division (A) of this	46034
section intends pursuant to divisions (B)(3)(a) to (g) of this	46035
section to arrest a person pursuant to division (B)(1) of this	46036
section and if the officer is unable to do so because the person	46037
is not present, the officer promptly shall seek a warrant for the	46038
arrest of the person.	46039

(h) If a peace officer described in division (A) of this	46040
section responds to a report of an alleged incident of the offense	46041
of domestic violence or an alleged incident of the offense of	46042
violating a protection order and if the circumstances of the	46043
incident involved the use or threatened use of a deadly weapon or	46044
any person involved in the incident brandished a deadly weapon	46045
during or in relation to the incident, the deadly weapon that was	46046
used, threatened to be used, or brandished constitutes contraband,	46047
and, to the extent possible, the officer shall seize the deadly	46048
weapon as contraband pursuant to Chapter 2981. of the Revised	46049
Code. Upon the seizure of a deadly weapon pursuant to division	46050
(B)(3)(h) of this section, section 2981.12 of the Revised Code	46051
shall apply regarding the treatment and disposition of the deadly	46052
weapon. For purposes of that section, the "underlying criminal	46053
offense" that was the basis of the seizure of a deadly weapon	46054
under division (B)(3)(h) of this section and to which the deadly	46055
weapon had a relationship is any of the following that is	46056
applicable:	46057

(i) The alleged incident of the offense of domestic violence	46058
or the alleged incident of the offense of violating a protection	46059
order to which the officer who seized the deadly weapon responded;	46060

(ii) Any offense that arose out of the same facts and	46061
circumstances as the report of the alleged incident of the offense	46062
of domestic violence or the alleged incident of the offense of	46063
violating a protection order to which the officer who seized the	46064
deadly weapon responded.	46065

(4) If, in the circumstances described in divisions (B)(3)(a)	46066
to (g) of this section, a peace officer described in division (A)	46067
of this section arrests and detains a person pursuant to division	46068
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	46069
this section, a peace officer described in division (A) of this	46070
section seizes a deadly weapon, the officer, to the extent	46071
described in and in accordance with section 9.86 or 2744.03 of the	46072
Revised Code, is immune in any civil action for damages for	46073
injury, death, or loss to person or property that arises from or	46074
is related to the arrest and detention or the seizure.	46075

(C) When there is reasonable ground to believe that a	46076
violation of division (A)(1), (2), (3), (4), or (5) of section	46077
4506.15 or a violation of section 4511.19 of the Revised Code has	46078
been committed by a person operating a motor vehicle subject to	46079
regulation by the public utilities commission of Ohio under Title	46080
XLIX of the Revised Code, a peace officer with authority to	46081
enforce that provision of law may stop or detain the person whom	46082
the officer has reasonable cause to believe was operating the	46083
motor vehicle in violation of the division or section and, after	46084
investigating the circumstances surrounding the operation of the	46085
vehicle, may arrest and detain the person.	46086

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	46087
municipal police officer, member of a police force employed by a	46088
metropolitan housing authority under division (D) of section	46089
3735.31 of the Revised Code, member of a police force employed by	46090
a regional transit authority under division (Y) of section 306.35	46091
of the Revised Code, special police officer employed by a port	46092
authority under section 4582.04 or 4582.28 of the Revised Code,	46093
special police officer employed by a municipal corporation at a	46094
municipal airport or other municipal air navigation facility	46095
described in division (A) of this section, township constable,	46096
police officer of a township or joint ~~township~~ police district,	46097
state university law enforcement officer appointed under section	46098
3345.04 of the Revised Code, peace officer of the department of	46099
natural resources, individual designated to perform law	46100
enforcement duties under section 511.232, 1545.13, or 6101.75 of	46101
the Revised Code, the house sergeant at arms if the house sergeant	46102
at arms has arrest authority pursuant to division (E)(1) of	46103
section 101.311 of the Revised Code, or an assistant house	46104
sergeant at arms is authorized by division (A) or (B) of this	46105
section to arrest and detain, within the limits of the political	46106
subdivision, metropolitan housing authority housing project,	46107
regional transit authority facilities or those areas of a	46108
municipal corporation that have been agreed to by a regional	46109
transit authority and a municipal corporation located within its	46110
territorial jurisdiction, port authority, municipal airport or	46111
other municipal air navigation facility, college, or university in	46112
which the officer is appointed, employed, or elected or within the	46113
limits of the territorial jurisdiction of the peace officer, a	46114
person until a warrant can be obtained, the peace officer, outside	46115
the limits of that territory, may pursue, arrest, and detain that	46116
person until a warrant can be obtained if all of the following	46117
apply:	46118

(1) The pursuit takes place without unreasonable delay after	46119
the offense is committed;	46120

(2) The pursuit is initiated within the limits of the	46121
political subdivision, metropolitan housing authority housing	46122
project, regional transit authority facilities or those areas of a	46123
municipal corporation that have been agreed to by a regional	46124
transit authority and a municipal corporation located within its	46125
territorial jurisdiction, port authority, municipal airport or	46126
other municipal air navigation facility, college, or university in	46127
which the peace officer is appointed, employed, or elected or	46128
within the limits of the territorial jurisdiction of the peace	46129
officer;	46130

(3) The offense involved is a felony, a misdemeanor of the	46131
first degree or a substantially equivalent municipal ordinance, a	46132
misdemeanor of the second degree or a substantially equivalent	46133
municipal ordinance, or any offense for which points are	46134
chargeable pursuant to section 4510.036 of the Revised Code.	46135

(E) In addition to the authority granted under division (A)	46136
or (B) of this section:	46137

(1) A sheriff or deputy sheriff may arrest and detain, until	46138
a warrant can be obtained, any person found violating section	46139
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	46140
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	46141
portion of any street or highway that is located immediately	46142
adjacent to the boundaries of the county in which the sheriff or	46143
deputy sheriff is elected or appointed.	46144

(2) A member of the police force of a township police	46145
district created under section 505.48 of the Revised Code, a	46146
member of the police force of a joint ~~township~~ police district	46147
created under section ~~505.481~~505.482 of the Revised Code, or a	46148
township constable appointed in accordance with section 509.01 of	46149
the Revised Code, who has received a certificate from the Ohio	46150
peace officer training commission under section 109.75 of the	46151
Revised Code, may arrest and detain, until a warrant can be	46152
obtained, any person found violating any section or chapter of the	46153
Revised Code listed in division (E)(1) of this section, other than	46154
sections 4513.33 and 4513.34 of the Revised Code, on the portion	46155
of any street or highway that is located immediately adjacent to	46156
the boundaries of the township police district or joint ~~township~~	46157
police district, in the case of a member of a township police	46158
district or joint ~~township~~ police district police force, or the	46159
unincorporated territory of the township, in the case of a	46160
township constable. However, if the population of the township	46161
that created the township police district served by the member's	46162
police force, or the townships and municipal corporations that	46163
created the joint ~~township~~ police district served by the member's	46164
police force, or the township that is served by the township	46165
constable, is sixty thousand or less, the member of the township	46166
police district or joint police district police force or the	46167
township constable may not make an arrest under division (E)(2) of	46168
this section on a state highway that is included as part of the	46169
interstate system.	46170

(3) A police officer or village marshal appointed, elected,	46171
or employed by a municipal corporation may arrest and detain,	46172
until a warrant can be obtained, any person found violating any	46173
section or chapter of the Revised Code listed in division (E)(1)	46174
of this section on the portion of any street or highway that is	46175
located immediately adjacent to the boundaries of the municipal	46176
corporation in which the police officer or village marshal is	46177
appointed, elected, or employed.	46178

(4) A peace officer of the department of natural resources, a	46179
state fire marshal law enforcement officer described in division	46180
(A)(23) of section 109.71 of the Revised Code, or an individual	46181
designated to perform law enforcement duties under section	46182
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	46183
detain, until a warrant can be obtained, any person found	46184
violating any section or chapter of the Revised Code listed in	46185
division (E)(1) of this section, other than sections 4513.33 and	46186
4513.34 of the Revised Code, on the portion of any street or	46187
highway that is located immediately adjacent to the boundaries of	46188
the lands and waters that constitute the territorial jurisdiction	46189
of the peace officer or state fire marshal law enforcement	46190
officer.	46191

(F)(1) A department of mental health special police officer	46192
or a department of developmental disabilities special police	46193
officer may arrest without a warrant and detain until a warrant	46194
can be obtained any person found committing on the premises of any	46195
institution under the jurisdiction of the particular department a	46196
misdemeanor under a law of the state.	46197

A department of mental health special police officer or a	46198
department of developmental disabilities special police officer	46199
may arrest without a warrant and detain until a warrant can be	46200
obtained any person who has been hospitalized, institutionalized,	46201
or confined in an institution under the jurisdiction of the	46202
particular department pursuant to or under authority of section	46203
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	46204
2945.402 of the Revised Code and who is found committing on the	46205
premises of any institution under the jurisdiction of the	46206
particular department a violation of section 2921.34 of the	46207
Revised Code that involves an escape from the premises of the	46208
institution.	46209

(2)(a) If a department of mental health special police	46210
officer or a department of developmental disabilities special	46211
police officer finds any person who has been hospitalized,	46212
institutionalized, or confined in an institution under the	46213
jurisdiction of the particular department pursuant to or under	46214
authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,	46215
2945.401, or 2945.402 of the Revised Code committing a violation	46216
of section 2921.34 of the Revised Code that involves an escape	46217
from the premises of the institution, or if there is reasonable	46218
ground to believe that a violation of section 2921.34 of the	46219
Revised Code has been committed that involves an escape from the	46220
premises of an institution under the jurisdiction of the	46221
department of mental health or the department of developmental	46222
disabilities and if a department of mental health special police	46223
officer or a department of developmental disabilities special	46224
police officer has reasonable cause to believe that a particular	46225
person who has been hospitalized, institutionalized, or confined	46226
in the institution pursuant to or under authority of section	46227
2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	46228
2945.402 of the Revised Code is guilty of the violation, the	46229
special police officer, outside of the premises of the	46230
institution, may pursue, arrest, and detain that person for that	46231
violation of section 2921.34 of the Revised Code, until a warrant	46232
can be obtained, if both of the following apply:	46233

(i) The pursuit takes place without unreasonable delay after	46234
the offense is committed;	46235

(ii) The pursuit is initiated within the premises of the	46236
institution from which the violation of section 2921.34 of the	46237
Revised Code occurred.	46238

(b) For purposes of division (F)(2)(a) of this section, the	46239
execution of a written statement by the administrator of the	46240
institution in which a person had been hospitalized,	46241
institutionalized, or confined pursuant to or under authority of	46242
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	46243
2945.402 of the Revised Code alleging that the person has escaped	46244
from the premises of the institution in violation of section	46245
2921.34 of the Revised Code constitutes reasonable ground to	46246
believe that the violation was committed and reasonable cause to	46247
believe that the person alleged in the statement to have committed	46248
the offense is guilty of the violation.	46249

(G) As used in this section:

46250

(1) A "department of mental health special police officer"	46251
means a special police officer of the department of mental health	46252
designated under section 5119.14 of the Revised Code who is	46253
certified by the Ohio peace officer training commission under	46254
section 109.77 of the Revised Code as having successfully	46255
completed an approved peace officer basic training program.	46256

(2) A "department of developmental disabilities special	46257
police officer" means a special police officer of the department	46258
of developmental disabilities designated under section 5123.13 of	46259
the Revised Code who is certified by the Ohio peace officer	46260
training council under section 109.77 of the Revised Code as	46261
having successfully completed an approved peace officer basic	46262
training program.	46263

(3) "Deadly weapon" has the same meaning as in section	46264
2923.11 of the Revised Code.	46265

(4) "Family or household member" has the same meaning as in	46266
section 2919.25 of the Revised Code.	46267

(5) "Street" or "highway" has the same meaning as in section	46268
4511.01 of the Revised Code.	46269

(6) "Interstate system" has the same meaning as in section	46270
5516.01 of the Revised Code.	46271

(7) "Peace officer of the department of natural resources"	46272
means an employee of the department of natural resources who is a	46273
natural resources law enforcement staff officer designated	46274
pursuant to section 1501.013 of the Revised Code, a forest officer	46275
designated pursuant to section 1503.29 of the Revised Code, a	46276
preserve officer designated pursuant to section 1517.10 of the	46277
Revised Code, a wildlife officer designated pursuant to section	46278
1531.13 of the Revised Code, a park officer designated pursuant to	46279
section 1541.10 of the Revised Code, or a state watercraft officer	46280
designated pursuant to section 1547.521 of the Revised Code.	46281

(8) "Portion of any street or highway" means all lanes of the	46282
street or highway irrespective of direction of travel, including	46283
designated turn lanes, and any berm, median, or shoulder.	46284

Sec. 2939.11. The official ~~shorthand~~ reporter of the county,	46285
or any ~~shorthand~~ reporter designated by the court of common pleas,	46286
at the request of the prosecuting attorney, or any such reporter	46287
designated by the attorney general in investigations conducted by	46288
~~him~~the attorney general, may take ~~shorthand~~ notes of, or	46289
electronically record, testimony before the grand jury, and	46290
furnish a transcript to the prosecuting attorney or the attorney	46291
general, and to no other person. The ~~shorthand~~ reporter shall	46292
withdraw from the jury room before the jurors begin to express	46293
their views or take their vote on the matter before them. Such	46294
reporter shall take an oath to be administered by the judge after	46295
the grand jury is sworn, imposing an obligation of secrecy to not	46296
disclose any testimony taken or heard except to the grand jury,	46297
prosecuting attorney, or attorney general, unless called upon in	46298
court to make disclosures.	46299

Sec. 2945.371. (A) If the issue of a defendant's competence	46300
to stand trial is raised or if a defendant enters a plea of not	46301
guilty by reason of insanity, the court may order one or more	46302
evaluations of the defendant's present mental condition or, in the	46303
case of a plea of not guilty by reason of insanity, of the	46304
defendant's mental condition at the time of the offense charged.	46305
An examiner shall conduct the evaluation.	46306

(B) If the court orders more than one evaluation under	46307
division (A) of this section, the prosecutor and the defendant may	46308
recommend to the court an examiner whom each prefers to perform	46309
one of the evaluations. If a defendant enters a plea of not guilty	46310
by reason of insanity and if the court does not designate an	46311
examiner recommended by the defendant, the court shall inform the	46312
defendant that the defendant may have independent expert	46313
evaluation and that, if the defendant is unable to obtain	46314
independent expert evaluation, it will be obtained for the	46315
defendant at public expense if the defendant is indigent.	46316

(C) If the court orders an evaluation under division (A) of	46317
this section, the defendant shall be available at the times and	46318
places established by the examiners who are to conduct the	46319
evaluation. The court may order a defendant who has been released	46320
on bail or recognizance to submit to an evaluation under this	46321
section. If a defendant who has been released on bail or	46322
recognizance refuses to submit to a complete evaluation, the court	46323
may amend the conditions of bail or recognizance and order the	46324
sheriff to take the defendant into custody and deliver the	46325
defendant to a center, program, or facility operated or certified	46326
by the department of mental health or the department of	46327
developmental disabilities where the defendant may be held for	46328
evaluation for a reasonable period of time not to exceed twenty	46329
days.	46330

(D) A defendant who has not been released on bail or	46331
recognizance may be evaluated at the defendant's place of	46332
detention. Upon the request of the examiner, the court may order	46333
the sheriff to transport the defendant to a program or facility	46334
operated or certified by the department of mental health or the	46335
department of developmental disabilities, where the defendant may	46336
be held for evaluation for a reasonable period of time not to	46337
exceed twenty days, and to return the defendant to the place of	46338
detention after the evaluation. A municipal court may make an	46339
order under this division only upon the request of a certified	46340
forensic center examiner.	46341

(E) If a court orders the evaluation to determine a	46342
defendant's mental condition at the time of the offense charged,	46343
the court shall inform the examiner of the offense with which the	46344
defendant is charged.	46345

(F) In conducting an evaluation of a defendant's mental	46346
condition at the time of the offense charged, the examiner shall	46347
consider all relevant evidence. If the offense charged involves	46348
the use of force against another person, the relevant evidence to	46349
be considered includes, but is not limited to, any evidence that	46350
the defendant suffered, at the time of the commission of the	46351
offense, from the "battered woman syndrome."	46352

(G) The examiner shall file a written report with the court	46353
within thirty days after entry of a court order for evaluation,	46354
and the court shall provide copies of the report to the prosecutor	46355
and defense counsel. The report shall include all of the	46356
following:	46357

(1) The examiner's findings;

46358

(2) The facts in reasonable detail on which the findings are	46359
based;	46360

(3) If the evaluation was ordered to determine the	46361
defendant's competence to stand trial, all of the following	46362
findings or recommendations that are applicable:	46363

(a) Whether the defendant is capable of understanding the	46364
nature and objective of the proceedings against the defendant or	46365
of assisting in the defendant's defense;	46366

(b) If the examiner's opinion is that the defendant is	46367
incapable of understanding the nature and objective of the	46368
proceedings against the defendant or of assisting in the	46369
defendant's defense, whether the defendant presently is mentally	46370
ill or mentally retarded and, if the examiner's opinion is that	46371
the defendant presently is mentally retarded, whether the	46372
defendant appears to be a mentally retarded person subject to	46373
institutionalization by court order;	46374

(c) If the examiner's opinion is that the defendant is	46375
incapable of understanding the nature and objective of the	46376
proceedings against the defendant or of assisting in the	46377
defendant's defense, the examiner's opinion as to the likelihood	46378
of the defendant becoming capable of understanding the nature and	46379
objective of the proceedings against the defendant and of	46380
assisting in the defendant's defense within one year if the	46381
defendant is provided with a course of treatment;	46382

(d) If the examiner's opinion is that the defendant is	46383
incapable of understanding the nature and objective of the	46384
proceedings against the defendant or of assisting in the	46385
defendant's defense and that the defendant presently is mentally	46386
ill or mentally retarded, the examiner's recommendation as to the	46387
least restrictive ~~treatment~~placement or commitment alternative,	46388
consistent with the defendant's treatment needs for restoration to	46389
competency and with the safety of the community;	46390

(e) If the defendant is charged with a misdemeanor offense	46391
that is not an offense of violence and the examiner's opinion is	46392
that the defendant is incapable of understanding the nature and	46393
objective of the proceedings against the defendant or of assisting	46394
in the defendant's defense and that the defendant is presently	46395
mentally ill or mentally retarded, the examiner's recommendation	46396
as to whether the defendant is amenable to engagement in mental	46397
health treatment or developmental disability services.	46398

(4) If the evaluation was ordered to determine the	46399
defendant's mental condition at the time of the offense charged,	46400
the examiner's findings as to whether the defendant, at the time	46401
of the offense charged, did not know, as a result of a severe	46402
mental disease or defect, the wrongfulness of the defendant's acts	46403
charged.	46404

(H) If the examiner's report filed under division (G) of this	46405
section indicates that in the examiner's opinion the defendant is	46406
incapable of understanding the nature and objective of the	46407
proceedings against the defendant or of assisting in the	46408
defendant's defense and that in the examiner's opinion the	46409
defendant appears to be a mentally retarded person subject to	46410
institutionalization by court order, the court shall order the	46411
defendant to undergo a separate mental retardation evaluation	46412
conducted by a psychologist designated by the director of	46413
developmental disabilities. Divisions (C) to (F) of this section	46414
apply in relation to a separate mental retardation evaluation	46415
conducted under this division. The psychologist appointed under	46416
this division to conduct the separate mental retardation	46417
evaluation shall file a written report with the court within	46418
thirty days after the entry of the court order requiring the	46419
separate mental retardation evaluation, and the court shall	46420
provide copies of the report to the prosecutor and defense	46421
counsel. The report shall include all of the information described	46422
in divisions (G)(1) to (4) of this section. If the court orders a	46423
separate mental retardation evaluation of a defendant under this	46424
division, the court shall not conduct a hearing under divisions	46425
(B) to (H) of section 2945.37 of the Revised Code regarding that	46426
defendant until a report of the separate mental retardation	46427
evaluation conducted under this division has been filed. Upon the	46428
filing of that report, the court shall conduct the hearing within	46429
the period of time specified in division (C) of section 2945.37 of	46430
the Revised Code.	46431

(I) An examiner appointed under divisions (A) and (B) of this	46432
section or under division (H) of this section to evaluate a	46433
defendant to determine the defendant's competence to stand trial	46434
also may be appointed to evaluate a defendant who has entered a	46435
plea of not guilty by reason of insanity, but an examiner of that	46436
nature shall prepare separate reports on the issue of competence	46437
to stand trial and the defense of not guilty by reason of	46438
insanity.	46439

(J) No statement that a defendant makes in an evaluation or	46440
hearing under divisions (A) to (H) of this section relating to the	46441
defendant's competence to stand trial or to the defendant's mental	46442
condition at the time of the offense charged shall be used against	46443
the defendant on the issue of guilt in any criminal action or	46444
proceeding, but, in a criminal action or proceeding, the	46445
prosecutor or defense counsel may call as a witness any person who	46446
evaluated the defendant or prepared a report pursuant to a	46447
referral under this section. Neither the appointment nor the	46448
testimony of an examiner appointed under this section precludes	46449
the prosecutor or defense counsel from calling other witnesses or	46450
presenting other evidence on competency or insanity issues.	46451

(K) Persons appointed as examiners under divisions (A) and	46452
(B) of this section or under division (H) of this section shall be	46453
paid a reasonable amount for their services and expenses, as	46454
certified by the court. The certified amount shall be paid by the	46455
county in the case of county courts and courts of common pleas and	46456
by the legislative authority, as defined in section 1901.03 of the	46457
Revised Code, in the case of municipal courts.	46458

Sec. 2945.38. (A) If the issue of a defendant's competence	46459
to stand trial is raised and if the court, upon conducting the	46460
hearing provided for in section 2945.37 of the Revised Code, finds	46461
that the defendant is competent to stand trial, the defendant	46462
shall be proceeded against as provided by law. If the court finds	46463
the defendant competent to stand trial and the defendant is	46464
receiving psychotropic drugs or other medication, the court may	46465
authorize the continued administration of the drugs or medication	46466
or other appropriate treatment in order to maintain the	46467
defendant's competence to stand trial, unless the defendant's	46468
attending physician advises the court against continuation of the	46469
drugs, other medication, or treatment.	46470

(B)(1)(a) If, after taking into consideration all relevant	46471
reports, information, and other evidence, the court finds that the	46472
defendant is incompetent to stand trial and that there is a	46473
substantial probability that the defendant will become competent	46474
to stand trial within one year if the defendant is provided with a	46475
course of treatment, the court shall order the defendant to	46476
undergo treatment. If the defendant has been charged with a felony	46477
offense and if, after taking into consideration all relevant	46478
reports, information, and other evidence, the court finds that the	46479
defendant is incompetent to stand trial, but the court is unable	46480
at that time to determine whether there is a substantial	46481
probability that the defendant will become competent to stand	46482
trial within one year if the defendant is provided with a course	46483
of treatment, the court shall order continuing evaluation and	46484
treatment of the defendant for a period not to exceed four months	46485
to determine whether there is a substantial probability that the	46486
defendant will become competent to stand trial within one year if	46487
the defendant is provided with a course of treatment.	46488

(b) The court order for the defendant to undergo treatment or	46489
continuing evaluation and treatment under division (B)(1)(a) of	46490
this section shall specify that the defendant, if determined to	46491
require mental health treatment or continuing evaluation and	46492
treatment, shall be committed to the department of mental health	46493
for treatment or continuing evaluation and treatment ~~shall occur~~	46494
at a hospital, facility, or agency, as determined to be clinically	46495
appropriate by the department of mental health and, if determined	46496
to require treatment or continuing evaluation and treatment for a	46497
developmental disability, shall receive treatment or continuing	46498
evaluation and treatment at an institution or facility operated by	46499
the department of ~~mental health or the department of~~ developmental	46500
disabilities, at a facility certified by ~~either of those~~	46501
~~departments~~the department of developmental disabilities as being	46502
qualified to treat ~~mental illness or~~ mental retardation, at a	46503
public or private community mental ~~health or mental~~ retardation	46504
facility, or by a ~~psychiatrist or another~~ mental ~~health or mental~~	46505
retardation professional. The order may restrict the defendant's	46506
freedom of movement as the court considers necessary. The	46507
prosecutor in the defendant's case shall send to the chief	46508
clinical officer of the hospital or, facility, or agency where	46509
the defendant is placed by the department of mental health, or to	46510
the managing officer of the institution, the director of the	46511
~~program~~facility, or the person to which the defendant is	46512
committed, copies of relevant police reports and other background	46513
information that pertains to the defendant and is available to the	46514
prosecutor unless the prosecutor determines that the release of	46515
any of the information in the police reports or any of the other	46516
background information to unauthorized persons would interfere	46517
with the effective prosecution of any person or would create a	46518
substantial risk of harm to any person.	46519

In committing the defendant to the department of mental	46520
health, the court shall consider the extent to which the person is	46521
a danger to the person and to others, the need for security, and	46522
the type of crime involved and, if the court finds that	46523
restrictions on the defendant's freedom of movement are necessary,	46524
shall specify the least restrictive limitations on the person's	46525
freedom of movement determined to be necessary to protect public	46526
safety. In determining ~~placement~~commitment alternatives for	46527
defendants determined to require treatment or continuing	46528
evaluation and treatment for developmental disabilities, the court	46529
shall consider the extent to which the person is a danger to the	46530
person and to others, the need for security, and the type of crime	46531
involved and shall order the least restrictive alternative	46532
available that is consistent with public safety and treatment	46533
goals. In weighing these factors, the court shall give preference	46534
to protecting public safety.	46535

(c) If the defendant is found incompetent to stand trial, if	46536
the chief clinical officer of the hospital or, facility, or agency	46537
where the defendant is placed, or the managing officer of the	46538
institution, the director of the ~~program~~facility, or the person	46539
to which the defendant is committed for treatment or continuing	46540
evaluation and treatment under division (B)(1)(b) of this section	46541
determines that medication is necessary to restore the defendant's	46542
competency to stand trial, and if the defendant lacks the capacity	46543
to give informed consent or refuses medication, the chief clinical	46544
officer of the hospital, facility, or agency where the defendant	46545
is placed, or the managing officer of the institution, the	46546
director of the facility, or the person to which the defendant is	46547
committed for treatment or continuing evaluation and treatment may	46548
petition the court for authorization for the involuntary	46549
administration of medication. The court shall hold a hearing on	46550
the petition within five days of the filing of the petition if the	46551
petition was filed in a municipal court or a county court	46552
regarding an incompetent defendant charged with a misdemeanor or	46553
within ten days of the filing of the petition if the petition was	46554
filed in a court of common pleas regarding an incompetent	46555
defendant charged with a felony offense. Following the hearing,	46556
the court may authorize the involuntary administration of	46557
medication or may dismiss the petition.	46558

(d) If the defendant is charged with a misdemeanor offense	46559
that is not an offense of violence, the prosecutor may hold the	46560
charges in abeyance while the defendant engages in mental health	46561
treatment or developmental disability services.	46562

(2) If the court finds that the defendant is incompetent to	46563
stand trial and that, even if the defendant is provided with a	46564
course of treatment, there is not a substantial probability that	46565
the defendant will become competent to stand trial within one	46566
year, the court shall order the discharge of the defendant, unless	46567
upon motion of the prosecutor or on its own motion, the court	46568
either seeks to retain jurisdiction over the defendant pursuant to	46569
section 2945.39 of the Revised Code or files an affidavit in the	46570
probate court for the civil commitment of the defendant pursuant	46571
to Chapter 5122. or 5123. of the Revised Code alleging that the	46572
defendant is a mentally ill person subject to hospitalization by	46573
court order or a mentally retarded person subject to	46574
institutionalization by court order. If an affidavit is filed in	46575
the probate court, the trial court shall send to the probate court	46576
copies of all written reports of the defendant's mental condition	46577
that were prepared pursuant to section 2945.371 of the Revised	46578
Code.	46579

The trial court may issue the temporary order of detention	46580
that a probate court may issue under section 5122.11 or 5123.71 of	46581
the Revised Code, to remain in effect until the probable cause or	46582
initial hearing in the probate court. Further proceedings in the	46583
probate court are civil proceedings governed by Chapter 5122. or	46584
5123. of the Revised Code.	46585

(C) No defendant shall be required to undergo treatment,	46586
including any continuing evaluation and treatment, under division	46587
(B)(1) of this section for longer than whichever of the following	46588
periods is applicable:	46589

(1) One year, if the most serious offense with which the	46590
defendant is charged is one of the following offenses:	46591

(a) Aggravated murder, murder, or an offense of violence for	46592
which a sentence of death or life imprisonment may be imposed;	46593

(b) An offense of violence that is a felony of the first or	46594
second degree;	46595

(c) A conspiracy to commit, an attempt to commit, or	46596
complicity in the commission of an offense described in division	46597
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	46598
complicity is a felony of the first or second degree.	46599

(2) Six months, if the most serious offense with which the	46600
defendant is charged is a felony other than a felony described in	46601
division (C)(1) of this section;	46602

(3) Sixty days, if the most serious offense with which the	46603
defendant is charged is a misdemeanor of the first or second	46604
degree;	46605

(4) Thirty days, if the most serious offense with which the	46606
defendant is charged is a misdemeanor of the third or fourth	46607
degree, a minor misdemeanor, or an unclassified misdemeanor.	46608

(D) Any defendant who is committed pursuant to this section	46609
shall not voluntarily admit the defendant or be voluntarily	46610
admitted to a hospital or institution pursuant to section 5122.02,	46611
5122.15, 5123.69, or 5123.76 of the Revised Code.	46612

(E) Except as otherwise provided in this division, a	46613
defendant who is charged with an offense and is committed by the	46614
court under this section to ~~a hospital~~the department of mental	46615
health with restrictions on the defendant's freedom of movement or	46616
~~other~~is committed to an institution ~~by the court under this~~	46617
~~section~~or facility for the treatment of developmental	46618
disabilities shall not be granted unsupervised on-grounds	46619
movement, supervised off-grounds movement, or nonsecured status	46620
except in accordance with the court order. The court may grant a	46621
defendant supervised off-grounds movement to obtain medical	46622
treatment or specialized habilitation treatment services if the	46623
person who supervises the treatment or the continuing evaluation	46624
and treatment of the defendant ordered under division (B)(1)(a) of	46625
this section informs the court that the treatment or continuing	46626
evaluation and treatment cannot be provided at the hospital or	46627
facility where the defendant is placed by the department of mental	46628
health or the institution or facility to which the defendant is	46629
committed. The chief clinical officer of the hospital or facility	46630
where the defendant is placed by the department of mental health	46631
or the managing officer of the institution or director of the	46632
facility to which the defendant is committed, or a designee of	46633
~~either~~any of those persons, may grant a defendant movement to a	46634
medical facility for an emergency medical situation with	46635
appropriate supervision to ensure the safety of the defendant,	46636
staff, and community during that emergency medical situation. The	46637
chief clinical officer of the hospital or facility where the	46638
defendant is placed by the department of mental health or the	46639
managing officer of the institution or director of the facility to	46640
which the defendant is committed shall notify the court within	46641
twenty-four hours of the defendant's movement to the medical	46642
facility for an emergency medical situation under this division.	46643

(F) The person who supervises the treatment or continuing	46644
evaluation and treatment of a defendant ordered to undergo	46645
treatment or continuing evaluation and treatment under division	46646
(B)(1)(a) of this section shall file a written report with the	46647
court at the following times:	46648

(1) Whenever the person believes the defendant is capable of	46649
understanding the nature and objective of the proceedings against	46650
the defendant and of assisting in the defendant's defense;	46651

(2) For a felony offense, fourteen days before expiration of	46652
the maximum time for treatment as specified in division (C) of	46653
this section and fourteen days before the expiration of the	46654
maximum time for continuing evaluation and treatment as specified	46655
in division (B)(1)(a) of this section, and, for a misdemeanor	46656
offense, ten days before the expiration of the maximum time for	46657
treatment, as specified in division (C) of this section;	46658

(3) At a minimum, after each six months of treatment;

46659

(4) Whenever the person who supervises the treatment or	46660
continuing evaluation and treatment of a defendant ordered under	46661
division (B)(1)(a) of this section believes that there is not a	46662
substantial probability that the defendant will become capable of	46663
understanding the nature and objective of the proceedings against	46664
the defendant or of assisting in the defendant's defense even if	46665
the defendant is provided with a course of treatment.	46666

(G) A report under division (F) of this section shall contain	46667
the examiner's findings, the facts in reasonable detail on which	46668
the findings are based, and the examiner's opinion as to the	46669
defendant's capability of understanding the nature and objective	46670
of the proceedings against the defendant and of assisting in the	46671
defendant's defense. If, in the examiner's opinion, the defendant	46672
remains incapable of understanding the nature and objective of the	46673
proceedings against the defendant and of assisting in the	46674
defendant's defense and there is a substantial probability that	46675
the defendant will become capable of understanding the nature and	46676
objective of the proceedings against the defendant and of	46677
assisting in the defendant's defense if the defendant is provided	46678
with a course of treatment, if in the examiner's opinion the	46679
defendant remains mentally ill or mentally retarded, and if the	46680
maximum time for treatment as specified in division (C) of this	46681
section has not expired, the report also shall contain the	46682
examiner's recommendation as to the least restrictive ~~treatment~~	46683
placement or commitment alternative that is consistent with the	46684
defendant's treatment needs for restoration to competency and with	46685
the safety of the community. The court shall provide copies of the	46686
report to the prosecutor and defense counsel.	46687

(H) If a defendant is committed pursuant to division (B)(1)	46688
of this section, within ten days after the treating physician of	46689
the defendant or the examiner of the defendant who is employed or	46690
retained by the treating facility advises that there is not a	46691
substantial probability that the defendant will become capable of	46692
understanding the nature and objective of the proceedings against	46693
the defendant or of assisting in the defendant's defense even if	46694
the defendant is provided with a course of treatment, within ten	46695
days after the expiration of the maximum time for treatment as	46696
specified in division (C) of this section, within ten days after	46697
the expiration of the maximum time for continuing evaluation and	46698
treatment as specified in division (B)(1)(a) of this section,	46699
within thirty days after a defendant's request for a hearing that	46700
is made after six months of treatment, or within thirty days after	46701
being advised by the treating physician or examiner that the	46702
defendant is competent to stand trial, whichever is the earliest,	46703
the court shall conduct another hearing to determine if the	46704
defendant is competent to stand trial and shall do whichever of	46705
the following is applicable:	46706

(1) If the court finds that the defendant is competent to	46707
stand trial, the defendant shall be proceeded against as provided	46708
by law.	46709

(2) If the court finds that the defendant is incompetent to	46710
stand trial, but that there is a substantial probability that the	46711
defendant will become competent to stand trial if the defendant is	46712
provided with a course of treatment, and the maximum time for	46713
treatment as specified in division (C) of this section has not	46714
expired, the court, after consideration of the examiner's	46715
recommendation, shall order that treatment be continued, may	46716
change the ~~facility or program at which the treatment is to be~~	46717
~~continued~~least restrictive limitations on the defendant's freedom	46718
of movement, and, if applicable, shall specify whether the	46719
treatment for developmental disabilities is to be continued at the	46720
same or a different facility or ~~program~~institution.	46721

(3) If the court finds that the defendant is incompetent to	46722
stand trial, if the defendant is charged with an offense listed in	46723
division (C)(1) of this section, and if the court finds that there	46724
is not a substantial probability that the defendant will become	46725
competent to stand trial even if the defendant is provided with a	46726
course of treatment, or if the maximum time for treatment relative	46727
to that offense as specified in division (C) of this section has	46728
expired, further proceedings shall be as provided in sections	46729
2945.39, 2945.401, and 2945.402 of the Revised Code.	46730

(4) If the court finds that the defendant is incompetent to	46731
stand trial, if the most serious offense with which the defendant	46732
is charged is a misdemeanor or a felony other than a felony listed	46733
in division (C)(1) of this section, and if the court finds that	46734
there is not a substantial probability that the defendant will	46735
become competent to stand trial even if the defendant is provided	46736
with a course of treatment, or if the maximum time for treatment	46737
relative to that offense as specified in division (C) of this	46738
section has expired, the court shall dismiss the indictment,	46739
information, or complaint against the defendant. A dismissal under	46740
this division is not a bar to further prosecution based on the	46741
same conduct. The court shall discharge the defendant unless the	46742
court or prosecutor files an affidavit in probate court for civil	46743
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	46744
If an affidavit for civil commitment is filed, the court may	46745
detain the defendant for ten days pending civil commitment. All of	46746
the following provisions apply to persons charged with a	46747
misdemeanor or a felony other than a felony listed in division	46748
(C)(1) of this section who are committed by the probate court	46749
subsequent to the court's or prosecutor's filing of an affidavit	46750
for civil commitment under authority of this division:	46751

(a) The chief clinical officer of the entity, hospital, or	46752
facility, the managing officer of the institution~~, the director of~~	46753
~~the program~~, or the person to which the defendant is committed or	46754
admitted shall do all of the following:	46755

(i) Notify the prosecutor, in writing, of the discharge of	46756
the defendant, send the notice at least ten days prior to the	46757
discharge unless the discharge is by the probate court, and state	46758
in the notice the date on which the defendant will be discharged;	46759

(ii) Notify the prosecutor, in writing, when the defendant is	46760
absent without leave or is granted unsupervised, off-grounds	46761
movement, and send this notice promptly after the discovery of the	46762
absence without leave or prior to the granting of the	46763
unsupervised, off-grounds movement, whichever is applicable;	46764

(iii) Notify the prosecutor, in writing, of the change of the	46765
defendant's commitment or admission to voluntary status, send the	46766
notice promptly upon learning of the change to voluntary status,	46767
and state in the notice the date on which the defendant was	46768
committed or admitted on a voluntary status.	46769

(b) Upon receiving notice that the defendant will be granted	46770
unsupervised, off-grounds movement, the prosecutor either shall	46771
re-indict the defendant or promptly notify the court that the	46772
prosecutor does not intend to prosecute the charges against the	46773
defendant.	46774

(I) If a defendant is convicted of a crime and sentenced to a	46775
jail or workhouse, the defendant's sentence shall be reduced by	46776
the total number of days the defendant is confined for evaluation	46777
to determine the defendant's competence to stand trial or	46778
treatment under this section and sections 2945.37 and 2945.371 of	46779
the Revised Code or by the total number of days the defendant is	46780
confined for evaluation to determine the defendant's mental	46781
condition at the time of the offense charged.	46782

Sec. 2945.39. (A) If a defendant who is charged with an	46783
offense described in division (C)(1) of section 2945.38 of the	46784
Revised Code is found incompetent to stand trial, after the	46785
expiration of the maximum time for treatment as specified in	46786
division (C) of that section or after the court finds that there	46787
is not a substantial probability that the defendant will become	46788
competent to stand trial even if the defendant is provided with a	46789
course of treatment, one of the following applies:	46790

(1) The court or the prosecutor may file an affidavit in	46791
probate court for civil commitment of the defendant in the manner	46792
provided in Chapter 5122. or 5123. of the Revised Code. If the	46793
court or prosecutor files an affidavit for civil commitment, the	46794
court may detain the defendant for ten days pending civil	46795
commitment. If the probate court commits the defendant subsequent	46796
to the court's or prosecutor's filing of an affidavit for civil	46797
commitment, the chief clinical officer of the entity, hospital, or	46798
facility, the managing officer of the institution, ~~the director of~~	46799
~~the program,~~ or the person to which the defendant is committed or	46800
admitted shall send to the prosecutor the notices described in	46801
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised	46802
Code within the periods of time and under the circumstances	46803
specified in those divisions.	46804

(2) On the motion of the prosecutor or on its own motion, the	46805
court may retain jurisdiction over the defendant if, at a hearing,	46806
the court finds both of the following by clear and convincing	46807
evidence:	46808

(a) The defendant committed the offense with which the	46809
defendant is charged.	46810

(b) The defendant is a mentally ill person subject to	46811
hospitalization by court order or a mentally retarded person	46812
subject to institutionalization by court order.	46813

(B) In making its determination under division (A)(2) of this	46814
section as to whether to retain jurisdiction over the defendant,	46815
the court may consider all relevant evidence, including, but not	46816
limited to, any relevant psychiatric, psychological, or medical	46817
testimony or reports, the acts constituting the offense charged,	46818
and any history of the defendant that is relevant to the	46819
defendant's ability to conform to the law.	46820

(C) If the court conducts a hearing as described in division	46821
(A)(2) of this section and if the court does not make both	46822
findings described in divisions (A)(2)(a) and (b) of this section	46823
by clear and convincing evidence, the court shall dismiss the	46824
indictment, information, or complaint against the defendant. Upon	46825
the dismissal, the court shall discharge the defendant unless the	46826
court or prosecutor files an affidavit in probate court for civil	46827
commitment of the defendant pursuant to Chapter 5122. or 5123. of	46828
the Revised Code. If the court or prosecutor files an affidavit	46829
for civil commitment, the court may order that the defendant be	46830
detained for up to ten days pending the civil commitment. If the	46831
probate court commits the defendant subsequent to the court's or	46832
prosecutor's filing of an affidavit for civil commitment, the	46833
chief clinical officer of the entity, hospital, or facility, the	46834
managing officer of the institution, ~~the director of the program,~~	46835
or the person to which the defendant is committed or admitted	46836
shall send to the prosecutor the notices described in divisions	46837
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code	46838
within the periods of time and under the circumstances specified	46839
in those divisions. A dismissal of charges under this division is	46840
not a bar to further criminal proceedings based on the same	46841
conduct.	46842

(D)(1) If the court conducts a hearing as described in	46843
division (A)(2) of this section and if the court makes the	46844
findings described in divisions (A)(2)(a) and (b) of this section	46845
by clear and convincing evidence, the court shall commit the	46846
defendant, if determined to require mental health treatment, to a	46847
~~hospital operated by~~ the department of mental health for treatment	46848
at a hospital, facility, or agency as determined clinically	46849
appropriate by the department of mental health or, if determined	46850
to require treatment for developmental disabilities, to a facility	46851
operated by the department of developmental disabilities, or	46852
another ~~medical or psychiatric~~ facility, as appropriate. In	46853
committing the defendant to the department of mental health, the	46854
court shall specify the least restrictive limitations on the	46855
defendant's freedom of movement determined to be necessary to	46856
protect public safety. In determining the place and nature of the	46857
commitment to a facility operated by the department of	46858
developmental disabilities or another facility for treatment of	46859
developmental disabilities, the court shall order the least	46860
restrictive commitment alternative available that is consistent	46861
with public safety and the welfare of the defendant. In weighing	46862
these factors, the court shall give preference to protecting	46863
public safety.	46864

(2) If a court makes a commitment of a defendant under	46865
division (D)(1) of this section, the prosecutor shall send to the	46866
hospital, facility, or agency where the defendant is placed by the	46867
department of mental health or to the defendant's place of	46868
commitment all reports of the defendant's current mental condition	46869
and, except as otherwise provided in this division, any other	46870
relevant information, including, but not limited to, a transcript	46871
of the hearing held pursuant to division (A)(2) of this section,	46872
copies of relevant police reports, and copies of any prior arrest	46873
and conviction records that pertain to the defendant and that the	46874
prosecutor possesses. The prosecutor shall send the reports of the	46875
defendant's current mental condition in every case of commitment,	46876
and, unless the prosecutor determines that the release of any of	46877
the other relevant information to unauthorized persons would	46878
interfere with the effective prosecution of any person or would	46879
create a substantial risk of harm to any person, the prosecutor	46880
also shall send the other relevant information. ~~Upon admission of~~	46881
~~a defendant committed under division (D)(1) of this section, the~~	46882
~~place of commitment shall send to the board of alcohol, drug~~	46883
~~addiction, and mental health services or the community mental~~	46884
~~health board serving the county in which the charges against the~~	46885
~~defendant were filed a copy of all reports of the defendant's~~	46886
~~current mental condition and a copy of the other relevant~~	46887
~~information provided by the prosecutor under this division,~~	46888
~~including, if provided, a transcript of the hearing held pursuant~~	46889
~~to division (A)(2) of this section, the relevant police reports,~~	46890
~~and the prior arrest and conviction records that pertain to the~~	46891
~~defendant and that the prosecutor possesses.~~	46892

(3) If a court makes a commitment under division (D)(1) of	46893
this section, all further proceedings shall be in accordance with	46894
sections 2945.401 and 2945.402 of the Revised Code.	46895

Sec. 2945.40. (A) If a person is found not guilty by reason	46896
of insanity, the verdict shall state that finding, and the trial	46897
court shall conduct a full hearing to determine whether the person	46898
is a mentally ill person subject to hospitalization by court order	46899
or a mentally retarded person subject to institutionalization by	46900
court order. Prior to the hearing, if the trial judge believes	46901
that there is probable cause that the person found not guilty by	46902
reason of insanity is a mentally ill person subject to	46903
hospitalization by court order or mentally retarded person subject	46904
to institutionalization by court order, the trial judge may issue	46905
a temporary order of detention for that person to remain in effect	46906
for ten court days or until the hearing, whichever occurs first.	46907

Any person detained pursuant to a temporary order of	46908
detention issued under this division shall be held in a suitable	46909
facility, taking into consideration the place and type of	46910
confinement prior to and during trial.	46911

(B) The court shall hold the hearing under division (A) of	46912
this section to determine whether the person found not guilty by	46913
reason of insanity is a mentally ill person subject to	46914
hospitalization by court order or a mentally retarded person	46915
subject to institutionalization by court order within ten court	46916
days after the finding of not guilty by reason of insanity.	46917
Failure to conduct the hearing within the ten-day period shall	46918
cause the immediate discharge of the respondent, unless the judge	46919
grants a continuance for not longer than ten court days for good	46920
cause shown or for any period of time upon motion of the	46921
respondent.	46922

(C) If a person is found not guilty by reason of insanity,	46923
the person has the right to attend all hearings conducted pursuant	46924
to sections 2945.37 to 2945.402 of the Revised Code. At any	46925
hearing conducted pursuant to one of those sections, the court	46926
shall inform the person that the person has all of the following	46927
rights:	46928

(1) The right to be represented by counsel and to have that	46929
counsel provided at public expense if the person is indigent, with	46930
the counsel to be appointed by the court under Chapter 120. of the	46931
Revised Code or under the authority recognized in division (C) of	46932
section 120.06, division (E) of section 120.16, division (E) of	46933
section 120.26, or section 2941.51 of the Revised Code;	46934

(2) The right to have independent expert evaluation and to	46935
have that independent expert evaluation provided at public expense	46936
if the person is indigent;	46937

(3) The right to subpoena witnesses and documents, to present	46938
evidence on the person's behalf, and to cross-examine witnesses	46939
against the person;	46940

(4) The right to testify in the person's own behalf and to	46941
not be compelled to testify;	46942

(5) The right to have copies of any relevant medical or	46943
mental health document in the custody of the state or of any place	46944
of commitment other than a document for which the court finds that	46945
the release to the person of information contained in the document	46946
would create a substantial risk of harm to any person.	46947

(D) The hearing under division (A) of this section shall be	46948
open to the public, and the court shall conduct the hearing in	46949
accordance with the Rules of Civil Procedure. The court shall make	46950
and maintain a full transcript and record of the hearing	46951
proceedings. The court may consider all relevant evidence,	46952
including, but not limited to, any relevant psychiatric,	46953
psychological, or medical testimony or reports, the acts	46954
constituting the offense in relation to which the person was found	46955
not guilty by reason of insanity, and any history of the person	46956
that is relevant to the person's ability to conform to the law.	46957

(E) Upon completion of the hearing under division (A) of this	46958
section, if the court finds there is not clear and convincing	46959
evidence that the person is a mentally ill person subject to	46960
hospitalization by court order or a mentally retarded person	46961
subject to institutionalization by court order, the court shall	46962
discharge the person, unless a detainer has been placed upon the	46963
person by the department of rehabilitation and correction, in	46964
which case the person shall be returned to that department.	46965

(F) If, at the hearing under division (A) of this section,	46966
the court finds by clear and convincing evidence that the person	46967
is a mentally ill person subject to hospitalization by court order	46968
or, the court shall commit the person to the department of mental	46969
health for placement in a hospital, facility, or agency as	46970
determined clinically appropriate by the department of mental	46971
health. If, at the hearing under division (A) of this section, the	46972
court finds by clear and convincing evidence that the person is a	46973
mentally retarded person subject to institutionalization by court	46974
order, it shall commit the person to a ~~hospital operated by the~~	46975
~~department of mental health, a~~ facility operated by the department	46976
of developmental disabilities, or another ~~medical or psychiatric~~	46977
facility, as appropriate~~, and further~~. Further proceedings shall	46978
be in accordance with sections 2945.401 and 2945.402 of the	46979
Revised Code. In committing the person to the department of mental	46980
health, the court shall specify the least restrictive limitations	46981
to the defendant's freedom of movement determined to be necessary	46982
to protect public safety. In determining the place and nature of	46983
the commitment of a mentally retarded person subject to	46984
institutionalization by court order, the court shall order the	46985
least restrictive commitment alternative available that is	46986
consistent with public safety and the welfare of the person. In	46987
weighing these factors, the court shall give preference to	46988
protecting public safety.	46989

(G) If a court makes a commitment of a person under division	46990
(F) of this section, the prosecutor shall send to the hospital,	46991
facility, or agency where the person is placed by the department	46992
of mental health or to the defendant's place of commitment all	46993
reports of the person's current mental condition, and, except as	46994
otherwise provided in this division, any other relevant	46995
information, including, but not limited to, a transcript of the	46996
hearing held pursuant to division (A) of this section, copies of	46997
relevant police reports, and copies of any prior arrest and	46998
conviction records that pertain to the person and that the	46999
prosecutor possesses. The prosecutor shall send the reports of the	47000
person's current mental condition in every case of commitment,	47001
and, unless the prosecutor determines that the release of any of	47002
the other relevant information to unauthorized persons would	47003
interfere with the effective prosecution of any person or would	47004
create a substantial risk of harm to any person, the prosecutor	47005
also shall send the other relevant information. ~~Upon admission of~~	47006
~~a person committed under division (F) of this section, the place~~	47007
~~of commitment shall send to the board of alcohol, drug addiction,~~	47008
~~and mental health services or the community mental health board~~	47009
~~serving the county in which the charges against the person were~~	47010
~~filed a copy of all reports of the person's current mental~~	47011
~~condition and a copy of the other relevant information provided by~~	47012
~~the prosecutor under this division, including, if provided, a~~	47013
~~transcript of the hearing held pursuant to division (A) of this~~	47014
~~section, the relevant police reports, and the prior arrest and~~	47015
~~conviction records that pertain to the person and that the~~	47016
~~prosecutor possesses.~~	47017

(H) A person who is committed pursuant to this section shall	47018
not voluntarily admit the person or be voluntarily admitted to a	47019
hospital or institution pursuant to section 5122.02, 5122.15,	47020
5123.69, or 5123.76 of the Revised Code.	47021

Sec. 2945.401. (A) A defendant found incompetent to stand	47022
trial and committed pursuant to section 2945.39 of the Revised	47023
Code or a person found not guilty by reason of insanity and	47024
committed pursuant to section 2945.40 of the Revised Code shall	47025
remain subject to the jurisdiction of the trial court pursuant to	47026
that commitment, and to the provisions of this section, until the	47027
final termination of the commitment as described in division	47028
(J)(1) of this section. If the jurisdiction is terminated under	47029
this division because of the final termination of the commitment	47030
resulting from the expiration of the maximum prison term or term	47031
of imprisonment described in division (J)(1)(b) of this section,	47032
the court or prosecutor may file an affidavit for the civil	47033
commitment of the defendant or person pursuant to Chapter 5122. or	47034
5123. of the Revised Code.	47035

(B) A hearing conducted under any provision of sections	47036
2945.37 to 2945.402 of the Revised Code shall not be conducted in	47037
accordance with Chapters 5122. and 5123. of the Revised Code. Any	47038
person who is committed pursuant to section 2945.39 or 2945.40 of	47039
the Revised Code shall not voluntarily admit the person or be	47040
voluntarily admitted to a hospital or institution pursuant to	47041
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.	47042
All other provisions of Chapters 5122. and 5123. of the Revised	47043
Code regarding hospitalization or institutionalization shall apply	47044
to the extent they are not in conflict with this chapter. A	47045
commitment under section 2945.39 or 2945.40 of the Revised Code	47046
shall not be terminated and the conditions of the commitment shall	47047
not be changed except as otherwise provided in division (D)(2) of	47048
this section with respect to a mentally retarded person subject to	47049
institutionalization by court order or except by order of the	47050
trial court.	47051

(C) The ~~hospital,~~department of mental health or the	47052
institution or facility~~, or program~~ to which a defendant or person	47053
has been committed under section 2945.39 or 2945.40 of the Revised	47054
Code shall report in writing to the trial court, at the times	47055
specified in this division, as to whether the defendant or person	47056
remains a mentally ill person subject to hospitalization by court	47057
order or a mentally retarded person subject to	47058
institutionalization by court order and, in the case of a	47059
defendant committed under section 2945.39 of the Revised Code, as	47060
to whether the defendant remains incompetent to stand trial. The	47061
~~hospital~~department, institution, or facility~~, or program~~ shall	47062
make the reports after the initial six months of treatment and	47063
every two years after the initial report is made. The trial court	47064
shall provide copies of the reports to the prosecutor and to the	47065
counsel for the defendant or person. Within thirty days after its	47066
receipt pursuant to this division of a report from ~~a hospital~~the	47067
department, institution, or facility~~, or program~~, the trial court	47068
shall hold a hearing on the continued commitment of the defendant	47069
or person or on any changes in the conditions of the commitment of	47070
the defendant or person. The defendant or person may request a	47071
change in the conditions of confinement, and the trial court shall	47072
conduct a hearing on that request if six months or more have	47073
elapsed since the most recent hearing was conducted under this	47074
section.	47075

(D)(1) Except as otherwise provided in division (D)(2) of	47076
this section, when a defendant or person has been committed under	47077
section 2945.39 or 2945.40 of the Revised Code, at any time after	47078
evaluating the risks to public safety and the welfare of the	47079
defendant or person, the ~~chief clinical officer~~designee of the	47080
department of mental health or the managing officer of the	47081
institution or director of the ~~hospital,~~ facility~~, or program~~ to	47082
which the defendant or person is committed may recommend a	47083
termination of the defendant's or person's commitment or a change	47084
in the conditions of the defendant's or person's commitment.	47085

Except as otherwise provided in division (D)(2) of this	47086
section, if the ~~chief clinical officer~~designee of the department	47087
of mental health recommends on-grounds unsupervised movement,	47088
off-grounds supervised movement, or nonsecured status for the	47089
defendant or person or termination of the defendant's or person's	47090
commitment, the following provisions apply:	47091

(a) If the ~~chief clinical officer~~department's designee	47092
recommends on-grounds unsupervised movement or off-grounds	47093
supervised movement, the ~~chief clinical officer~~department's	47094
designee shall file with the trial court an application for	47095
approval of the movement and shall send a copy of the application	47096
to the prosecutor. Within fifteen days after receiving the	47097
application, the prosecutor may request a hearing on the	47098
application and, if a hearing is requested, shall so inform the	47099
~~chief clinical officer~~department's designee. If the prosecutor	47100
does not request a hearing within the fifteen-day period, the	47101
trial court shall approve the application by entering its order	47102
approving the requested movement or, within five days after the	47103
expiration of the fifteen-day period, shall set a date for a	47104
hearing on the application. If the prosecutor requests a hearing	47105
on the application within the fifteen-day period, the trial court	47106
shall hold a hearing on the application within thirty days after	47107
the hearing is requested. If the trial court, within five days	47108
after the expiration of the fifteen-day period, sets a date for a	47109
hearing on the application, the trial court shall hold the hearing	47110
within thirty days after setting the hearing date. At least	47111
fifteen days before any hearing is held under this division, the	47112
trial court shall give the prosecutor written notice of the date,	47113
time, and place of the hearing. At the conclusion of each hearing	47114
conducted under this division, the trial court either shall	47115
approve or disapprove the application and shall enter its order	47116
accordingly.	47117

(b) If the ~~chief clinical officer~~department's designee	47118
recommends termination of the defendant's or person's commitment	47119
at any time or if the ~~chief clinical officer~~department's designee	47120
recommends the first of any nonsecured status for the defendant or	47121
person, the ~~chief clinical officer~~department's designee shall	47122
send written notice of this recommendation to the trial court and	47123
to the local forensic center. The local forensic center shall	47124
evaluate the committed defendant or person and, within thirty days	47125
after its receipt of the written notice, shall submit to the trial	47126
court and the ~~chief clinical officer~~department's designee a	47127
written report of the evaluation. The trial court shall provide a	47128
copy of the ~~chief clinical officer's~~department's designee's	47129
written notice and of the local forensic center's written report	47130
to the prosecutor and to the counsel for the defendant or person.	47131
Upon the local forensic center's submission of the report to the	47132
trial court and the ~~chief clinical officer~~department's designee,	47133
all of the following apply:	47134

(i) If the forensic center disagrees with the recommendation	47135
of the ~~chief clinical officer~~department's designee, it shall	47136
inform the ~~chief clinical officer~~department's designee and the	47137
trial court of its decision and the reasons for the decision. The	47138
~~chief clinical officer~~department's designee, after consideration	47139
of the forensic center's decision, shall either withdraw, proceed	47140
with, or modify and proceed with the recommendation. If the ~~chief~~	47141
~~clinical officer~~department's designee proceeds with, or modifies	47142
and proceeds with, the recommendation, the ~~chief clinical officer~~	47143
department's designee shall proceed in accordance with division	47144
(D)(1)(b)(iii) of this section.	47145

(ii) If the forensic center agrees with the recommendation of	47146
the ~~chief clinical officer~~department's designee, it shall inform	47147
the ~~chief clinical officer~~department's designee and the trial	47148
court of its decision and the reasons for the decision, and the	47149
~~chief clinical officer~~department's designee shall proceed in	47150
accordance with division (D)(1)(b)(iii) of this section.	47151

(iii) If the forensic center disagrees with the	47152
recommendation of the ~~chief clinical officer~~ department's	47153
designee and the ~~chief clinical officer~~department's designee	47154
proceeds with, or modifies and proceeds with, the recommendation	47155
or if the forensic center agrees with the recommendation of the	47156
~~chief clinical officer~~department's designee, the ~~chief clinical~~	47157
~~officer~~department's designee shall work with ~~the board~~community	47158
mental health agencies, programs, facilities, or boards of	47159
alcohol, drug addiction, and mental health services ~~or community~~	47160
~~mental health board serving the area, as appropriate,~~ to develop a	47161
plan to implement the recommendation. If the defendant or person	47162
is on medication, the plan shall include, but shall not be limited	47163
to, a system to monitor the defendant's or person's compliance	47164
with the prescribed medication treatment plan. The system shall	47165
include a schedule that clearly states when the defendant or	47166
person shall report for a medication compliance check. The	47167
medication compliance checks shall be based upon the effective	47168
duration of the prescribed medication, taking into account the	47169
route by which it is taken, and shall be scheduled at intervals	47170
sufficiently close together to detect a potential increase in	47171
mental illness symptoms that the medication is intended to	47172
prevent.	47173

The ~~chief clinical officer, after consultation with the board~~	47174
~~of alcohol, drug addiction, and mental health services or the~~	47175
~~community mental health board serving the area,~~department's	47176
designee shall send the recommendation and plan developed under	47177
division (D)(1)(b)(iii) of this section, in writing, to the trial	47178
court, the prosecutor and the counsel for the committed defendant	47179
or person. The trial court shall conduct a hearing on the	47180
recommendation and plan developed under division (D)(1)(b)(iii) of	47181
this section. Divisions (D)(1)(c) and (d) and (E) to (J) of this	47182
section apply regarding the hearing.	47183

(c) If the ~~chief clinical officer's~~department's designee's	47184
recommendation is for nonsecured status or termination of	47185
commitment, the prosecutor may obtain an independent expert	47186
evaluation of the defendant's or person's mental condition, and	47187
the trial court may continue the hearing on the recommendation for	47188
a period of not more than thirty days to permit time for the	47189
evaluation.	47190

The prosecutor may introduce the evaluation report or present	47191
other evidence at the hearing in accordance with the Rules of	47192
Evidence.	47193

(d) The trial court shall schedule the hearing on a ~~chief~~	47194
~~clinical officer's~~department's designee's recommendation for	47195
nonsecured status or termination of commitment and shall give	47196
reasonable notice to the prosecutor and the counsel for the	47197
defendant or person. Unless continued for independent evaluation	47198
at the prosecutor's request or for other good cause, the hearing	47199
shall be held within thirty days after the trial court's receipt	47200
of the recommendation and plan.	47201

(2)(a) Division (D)(1) of this section does not apply to	47202
on-grounds unsupervised movement of a defendant or person who has	47203
been committed under section 2945.39 or 2945.40 of the Revised	47204
Code, who is a mentally retarded person subject to	47205
institutionalization by court order, and who is being provided	47206
residential habilitation, care, and treatment in a facility	47207
operated by the department of developmental disabilities.	47208

(b) If, pursuant to section 2945.39 of the Revised Code, the	47209
trial court commits a defendant who is found incompetent to stand	47210
trial and who is a mentally retarded person subject to	47211
institutionalization by court order, if the defendant is being	47212
provided residential habilitation, care, and treatment in a	47213
facility operated by the department of developmental disabilities,	47214
if an individual who is conducting a survey for the department of	47215
health to determine the facility's compliance with the	47216
certification requirements of the medicaid program under Chapter	47217
5111. of the Revised Code and Title XIX of the "Social Security	47218
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the	47219
defendant's receipt of the residential habilitation, care, and	47220
treatment in the facility as being inappropriate under the	47221
certification requirements, if the defendant's receipt of the	47222
residential habilitation, care, and treatment in the facility	47223
potentially jeopardizes the facility's continued receipt of	47224
federal medicaid moneys, and if as a result of the citation the	47225
chief clinical officer of the facility determines that the	47226
conditions of the defendant's commitment should be changed, the	47227
department of developmental disabilities may cause the defendant	47228
to be removed from the particular facility and, after evaluating	47229
the risks to public safety and the welfare of the defendant and	47230
after determining whether another type of placement is consistent	47231
with the certification requirements, may place the defendant in	47232
another facility that the department selects as an appropriate	47233
facility for the defendant's continued receipt of residential	47234
habilitation, care, and treatment and that is a no less secure	47235
setting than the facility in which the defendant had been placed	47236
at the time of the citation. Within three days after the	47237
defendant's removal and alternative placement under the	47238
circumstances described in division (D)(2)(b) of this section, the	47239
department of developmental disabilities shall notify the trial	47240
court and the prosecutor in writing of the removal and alternative	47241
placement.	47242

The trial court shall set a date for a hearing on the removal	47243
and alternative placement, and the hearing shall be held within	47244
twenty-one days after the trial court's receipt of the notice from	47245
the department of developmental disabilities. At least ten days	47246
before the hearing is held, the trial court shall give the	47247
prosecutor, the department of developmental disabilities, and the	47248
counsel for the defendant written notice of the date, time, and	47249
place of the hearing. At the hearing, the trial court shall	47250
consider the citation issued by the individual who conducted the	47251
survey for the department of health to be prima-facie evidence of	47252
the fact that the defendant's commitment to the particular	47253
facility was inappropriate under the certification requirements of	47254
the medicaid program under Chapter 5111. of the Revised Code and	47255
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	47256
U.S.C.A. 301, as amended, and potentially jeopardizes the	47257
particular facility's continued receipt of federal medicaid	47258
moneys. At the conclusion of the hearing, the trial court may	47259
approve or disapprove the defendant's removal and alternative	47260
placement. If the trial court approves the defendant's removal and	47261
alternative placement, the department of developmental	47262
disabilities may continue the defendant's alternative placement.	47263
If the trial court disapproves the defendant's removal and	47264
alternative placement, it shall enter an order modifying the	47265
defendant's removal and alternative placement, but that order	47266
shall not require the department of developmental disabilities to	47267
replace the defendant for purposes of continued residential	47268
habilitation, care, and treatment in the facility associated with	47269
the citation issued by the individual who conducted the survey for	47270
the department of health.	47271

(E) In making a determination under this section regarding	47272
nonsecured status or termination of commitment, the trial court	47273
shall consider all relevant factors, including, but not limited	47274
to, all of the following:	47275

(1) Whether, in the trial court's view, the defendant or	47276
person currently represents a substantial risk of physical harm to	47277
the defendant or person or others;	47278

(2) Psychiatric and medical testimony as to the current	47279
mental and physical condition of the defendant or person;	47280

(3) Whether the defendant or person has insight into the	47281
dependant's or person's condition so that the defendant or person	47282
will continue treatment as prescribed or seek professional	47283
assistance as needed;	47284

(4) The grounds upon which the state relies for the proposed	47285
commitment;	47286

(5) Any past history that is relevant to establish the	47287
defendant's or person's degree of conformity to the laws, rules,	47288
regulations, and values of society;	47289

(6) If there is evidence that the defendant's or person's	47290
mental illness is in a state of remission, the medically suggested	47291
cause and degree of the remission and the probability that the	47292
defendant or person will continue treatment to maintain the	47293
remissive state of the defendant's or person's illness should the	47294
defendant's or person's commitment conditions be altered.	47295

(F) At any hearing held pursuant to division (C) or (D)(1) or	47296
(2) of this section, the defendant or the person shall have all	47297
the rights of a defendant or person at a commitment hearing as	47298
described in section 2945.40 of the Revised Code.	47299

(G) In a hearing held pursuant to division (C) or (D)(1) of	47300
this section, the prosecutor has the burden of proof as follows:	47301

(1) For a recommendation of termination of commitment, to	47302
show by clear and convincing evidence that the defendant or person	47303
remains a mentally ill person subject to hospitalization by court	47304
order or a mentally retarded person subject to	47305
institutionalization by court order;	47306

(2) For a recommendation for a change in the conditions of	47307
the commitment to a less restrictive status, to show by clear and	47308
convincing evidence that the proposed change represents a threat	47309
to public safety or a threat to the safety of any person.	47310

(H) In a hearing held pursuant to division (C) or (D)(1) or	47311
(2) of this section, the prosecutor shall represent the state or	47312
the public interest.	47313

(I) At the conclusion of a hearing conducted under division	47314
(D)(1) of this section regarding a recommendation from the ~~chief~~	47315
~~clinical officer~~designee of the department of mental health,	47316
managing officer of the institution, or director of a ~~hospital,~~	47317
~~program, or~~ facility, the trial court may approve, disapprove, or	47318
modify the recommendation and shall enter an order accordingly.	47319

(J)(1) A defendant or person who has been committed pursuant	47320
to section 2945.39 or 2945.40 of the Revised Code continues to be	47321
under the jurisdiction of the trial court until the final	47322
termination of the commitment. For purposes of division (J) of	47323
this section, the final termination of a commitment occurs upon	47324
the earlier of one of the following:	47325

(a) The defendant or person no longer is a mentally ill	47326
person subject to hospitalization by court order or a mentally	47327
retarded person subject to institutionalization by court order, as	47328
determined by the trial court;	47329

(b) The expiration of the maximum prison term or term of	47330
imprisonment that the defendant or person could have received if	47331
the defendant or person had been convicted of the most serious	47332
offense with which the defendant or person is charged or in	47333
relation to which the defendant or person was found not guilty by	47334
reason of insanity;	47335

(c) The trial court enters an order terminating the	47336
commitment under the circumstances described in division	47337
(J)(2)(a)(ii) of this section.	47338

(2)(a) If a defendant is found incompetent to stand trial and	47339
committed pursuant to section 2945.39 of the Revised Code, if	47340
neither of the circumstances described in divisions (J)(1)(a) and	47341
(b) of this section applies to that defendant, and if a report	47342
filed with the trial court pursuant to division (C) of this	47343
section indicates that the defendant presently is competent to	47344
stand trial or if, at any other time during the period of the	47345
defendant's commitment, the prosecutor, the counsel for the	47346
defendant, or the ~~chief clinical officer~~designee of the	47347
department of mental health or the managing officer of the	47348
institution or director of the ~~hospital,~~ facility~~, or program~~ to	47349
which the defendant is committed files an application with the	47350
trial court alleging that the defendant presently is competent to	47351
stand trial and requesting a hearing on the competency issue or	47352
the trial court otherwise has reasonable cause to believe that the	47353
defendant presently is competent to stand trial and determines on	47354
its own motion to hold a hearing on the competency issue, the	47355
trial court shall schedule a hearing on the competency of the	47356
defendant to stand trial, shall give the prosecutor, the counsel	47357
for the defendant, and the ~~chief clinical officer~~department's	47358
designee or the managing officer of the institution or the	47359
director of the facility to which the defendant is committed	47360
notice of the date, time, and place of the hearing at least	47361
fifteen days before the hearing, and shall conduct the hearing	47362
within thirty days of the filing of the application or of its own	47363
motion. If, at the conclusion of the hearing, the trial court	47364
determines that the defendant presently is capable of	47365
understanding the nature and objective of the proceedings against	47366
the defendant and of assisting in the defendant's defense, the	47367
trial court shall order that the defendant is competent to stand	47368
trial and shall be proceeded against as provided by law with	47369
respect to the applicable offenses described in division (C)(1) of	47370
section 2945.38 of the Revised Code and shall enter whichever of	47371
the following additional orders is appropriate:	47372

(i) If the trial court determines that the defendant remains	47373
a mentally ill person subject to hospitalization by court order or	47374
a mentally retarded person subject to institutionalization by	47375
court order, the trial court shall order that the defendant's	47376
commitment to the ~~hospital,~~department of mental health or to an	47377
institution or facility~~, or program~~for the treatment of	47378
developmental disabilities be continued during the pendency of the	47379
trial on the applicable offenses described in division (C)(1) of	47380
section 2945.38 of the Revised Code.	47381

(ii) If the trial court determines that the defendant no	47382
longer is a mentally ill person subject to hospitalization by	47383
court order or a mentally retarded person subject to	47384
institutionalization by court order, the trial court shall order	47385
that the defendant's commitment to the ~~hospital,~~department of	47386
mental health or to an institution or facility~~, or program~~for the	47387
treatment of developmental disabilities shall not be continued	47388
during the pendency of the trial on the applicable offenses	47389
described in division (C)(1) of section 2945.38 of the Revised	47390
Code. This order shall be a final termination of the commitment	47391
for purposes of division (J)(1)(c) of this section.	47392

(b) If, at the conclusion of the hearing described in	47393
division (J)(2)(a) of this section, the trial court determines	47394
that the defendant remains incapable of understanding the nature	47395
and objective of the proceedings against the defendant or of	47396
assisting in the defendant's defense, the trial court shall order	47397
that the defendant continues to be incompetent to stand trial,	47398
that the defendant's commitment to the ~~hospital,~~department of	47399
mental health or to an institution or facility~~, or program~~for the	47400
treatment of developmental disabilities shall be continued, and	47401
that the defendant remains subject to the jurisdiction of the	47402
trial court pursuant to that commitment, and to the provisions of	47403
this section, until the final termination of the commitment as	47404
described in division (J)(1) of this section.	47405

Sec. 2945.402. (A) In approving a conditional release, the	47406
trial court may set any conditions on the release with respect to	47407
the treatment, evaluation, counseling, or control of the defendant	47408
or person that the court considers necessary to protect the public	47409
safety and the welfare of the defendant or person. The trial court	47410
may revoke a defendant's or person's conditional release and order	47411
~~rehospitalization~~reinstatement of the previous placement or	47412
reinstitutionalization at any time the conditions of the release	47413
have not been satisfied, provided that the revocation shall be in	47414
accordance with this section.	47415

(B) A conditional release is a commitment. The hearings on	47416
continued commitment as described in section 2945.401 of the	47417
Revised Code apply to a defendant or person on conditional	47418
release.	47419

(C) A person, agency, or facility that is assigned to monitor	47420
a defendant or person on conditional release immediately shall	47421
notify the trial court on learning that the defendant or person	47422
being monitored has violated the terms of the conditional release.	47423
Upon learning of any violation of the terms of the conditional	47424
release, the trial court may issue a temporary order of detention	47425
or, if necessary, an arrest warrant for the defendant or person.	47426
Within ten court days after the defendant's or person's detention	47427
or arrest, the trial court shall conduct a hearing to determine	47428
whether the conditional release should be modified or terminated.	47429
At the hearing, the defendant or person shall have the same rights	47430
as are described in division (C) of section 2945.40 of the Revised	47431
Code. The trial court may order a continuance of the ten-court-day	47432
period for no longer than ten days for good cause shown or for any	47433
period on motion of the defendant or person. If the trial court	47434
fails to conduct the hearing within the ten-court-day period and	47435
does not order a continuance in accordance with this division, the	47436
defendant or person shall be restored to the prior conditional	47437
release status.	47438

(D) The trial court shall give all parties reasonable notice	47439
of a hearing conducted under this section. At the hearing, the	47440
prosecutor shall present the case demonstrating that the defendant	47441
or person violated the terms of the conditional release. If the	47442
court finds by a preponderance of the evidence that the defendant	47443
or person violated the terms of the conditional release, the court	47444
may continue, modify, or terminate the conditional release and	47445
shall enter its order accordingly.	47446

Sec. 2949.14. Upon conviction of a nonindigent person for a	47447
felony, the clerk of the court of common pleas shall make and	47448
certify under ~~his~~the clerk's hand and seal of the court, a	47449
complete itemized bill of the costs made in such prosecution,	47450
including the sum paid by the board of county commissioners,	47451
certified by the county auditor, for the arrest and return of the	47452
person on the requisition of the governor, or on the request of	47453
the governor to the president of the United States, or on the	47454
return of the fugitive by a designated agent pursuant to a waiver	47455
of extradition except in cases of parole violation. ~~Such bill of~~	47456
~~costs shall be presented by such clerk to the prosecuting~~	47457
~~attorney, who shall examine each item therein charged and certify~~	47458
~~to it if correct and legal. Upon certification by the prosecuting~~	47459
~~attorney, the~~The clerk shall attempt to collect the costs from	47460
the person convicted.	47461

Sec. 2953.08. (A) In addition to any other right to appeal	47462
and except as provided in division (D) of this section, a	47463
defendant who is convicted of or pleads guilty to a felony may	47464
appeal as a matter of right the sentence imposed upon the	47465
defendant on one of the following grounds:	47466

(1) The sentence consisted of or included the maximum prison	47467
term allowed for the offense by division (A) of section 2929.14 or	47468
section 2929.142 of the Revised Code, the sentence was not imposed	47469
pursuant to division (D)(3)(b) of section 2929.14 of the Revised	47470
Code, the maximum prison term was not required for the offense	47471
pursuant to Chapter 2925. or any other provision of the Revised	47472
Code, and the court imposed the sentence under one of the	47473
following circumstances:	47474

(a) The sentence was imposed for only one offense.

47475

(b) The sentence was imposed for two or more offenses arising	47476
out of a single incident, and the court imposed the maximum prison	47477
term for the offense of the highest degree.	47478

(2) The sentence consisted of or included a prison term, the	47479
offense for which it was imposed is a felony of the fourth or	47480
fifth degree or is a felony drug offense that is a violation of a	47481
provision of Chapter 2925. of the Revised Code and that is	47482
specified as being subject to division (B) of section 2929.13 of	47483
the Revised Code for purposes of sentencing, and the court did not	47484
specify at sentencing that it found one or more factors specified	47485
in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised	47486
Code to apply relative to the defendant. If the court specifies	47487
that it found one or more of those factors to apply relative to	47488
the defendant, the defendant is not entitled under this division	47489
to appeal as a matter of right the sentence imposed upon the	47490
offender.	47491

(3) The person was convicted of or pleaded guilty to a	47492
violent sex offense or a designated homicide, assault, or	47493
kidnapping offense, was adjudicated a sexually violent predator in	47494
relation to that offense, and was sentenced pursuant to division	47495
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	47496
of the indefinite term imposed pursuant to division (A)(3) of	47497
section 2971.03 of the Revised Code is the longest term available	47498
for the offense from among the range of terms listed in section	47499
2929.14 of the Revised Code. As used in this division, "designated	47500
homicide, assault, or kidnapping offense" and "violent sex	47501
offense" have the same meanings as in section 2971.01 of the	47502
Revised Code. As used in this division, "adjudicated a sexually	47503
violent predator" has the same meaning as in section 2929.01 of	47504
the Revised Code, and a person is "adjudicated a sexually violent	47505
predator" in the same manner and the same circumstances as are	47506
described in that section.	47507

(4) The sentence is contrary to law.

47508

(5) The sentence consisted of an additional prison term of	47509
ten years imposed pursuant to division (D)(2)(a) of section	47510
2929.14 of the Revised Code.	47511

(6) The sentence consisted of an additional prison term of	47512
ten years imposed pursuant to division (D)(3)(b) of section	47513
2929.14 of the Revised Code.	47514

(B) In addition to any other right to appeal and except as	47515
provided in division (D) of this section, a prosecuting attorney,	47516
a city director of law, village solicitor, or similar chief legal	47517
officer of a municipal corporation, or the attorney general, if	47518
one of those persons prosecuted the case, may appeal as a matter	47519
of right a sentence imposed upon a defendant who is convicted of	47520
or pleads guilty to a felony or, in the circumstances described in	47521
division (B)(3) of this section the modification of a sentence	47522
imposed upon such a defendant, on any of the following grounds:	47523

(1) The sentence did not include a prison term despite a	47524
presumption favoring a prison term for the offense for which it	47525
was imposed, as set forth in section 2929.13 or Chapter 2925. of	47526
the Revised Code.	47527

(2) The sentence is contrary to law.

47528

(3) The sentence is a modification under section 2929.20 of	47529
the Revised Code of a sentence that was imposed for a felony of	47530
the first or second degree.	47531

(C)(1) In addition to the right to appeal a sentence granted	47532
under division (A) or (B) of this section, a defendant who is	47533
convicted of or pleads guilty to a felony may seek leave to appeal	47534
a sentence imposed upon the defendant on the basis that the	47535
sentencing judge has imposed consecutive sentences under division	47536
(E)(3) or (4) of section 2929.14 of the Revised Code and that the	47537
consecutive sentences exceed the maximum prison term allowed by	47538
division (A) of that section for the most serious offense of which	47539
the defendant was convicted. Upon the filing of a motion under	47540
this division, the court of appeals may grant leave to appeal the	47541
sentence if the court determines that the allegation included as	47542
the basis of the motion is true.	47543

(2) A defendant may seek leave to appeal an additional	47544
sentence imposed upon the defendant pursuant to division (D)(2)(a)	47545
or (b) of section 2929.14 of the Revised Code if the additional	47546
sentence is for a definite prison term that is longer than five	47547
years.	47548

(D)(1) A sentence imposed upon a defendant is not subject to	47549
review under this section if the sentence is authorized by law,	47550
has been recommended jointly by the defendant and the prosecution	47551
in the case, and is imposed by a sentencing judge.	47552

(2) Except as provided in division (C)(2) of this section, a	47553
sentence imposed upon a defendant is not subject to review under	47554
this section if the sentence is imposed pursuant to division	47555
(D)(2)(b) of section 2929.14 of the Revised Code. Except as	47556
otherwise provided in this division, a defendant retains all	47557
rights to appeal as provided under this chapter or any other	47558
provision of the Revised Code. A defendant has the right to appeal	47559
under this chapter or any other provision of the Revised Code the	47560
court's application of division (D)(2)(c) of section 2929.14 of	47561
the Revised Code.	47562

(3) A sentence imposed for aggravated murder or murder	47563
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	47564
subject to review under this section.	47565

(E) A defendant, prosecuting attorney, city director of law,	47566
village solicitor, or chief municipal legal officer shall file an	47567
appeal of a sentence under this section to a court of appeals	47568
within the time limits specified in Rule 4(B) of the Rules of	47569
Appellate Procedure, provided that if the appeal is pursuant to	47570
division (B)(3) of this section, the time limits specified in that	47571
rule shall not commence running until the court grants the motion	47572
that makes the sentence modification in question. A sentence	47573
appeal under this section shall be consolidated with any other	47574
appeal in the case. If no other appeal is filed, the court of	47575
appeals may review only the portions of the trial record that	47576
pertain to sentencing.	47577

(F) On the appeal of a sentence under this section, the	47578
record to be reviewed shall include all of the following, as	47579
applicable:	47580

(1) Any presentence, psychiatric, or other investigative	47581
report that was submitted to the court in writing before the	47582
sentence was imposed. An appellate court that reviews a	47583
presentence investigation report prepared pursuant to section	47584
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	47585
connection with the appeal of a sentence under this section shall	47586
comply with division (D)(3) of section 2951.03 of the Revised Code	47587
when the appellate court is not using the presentence	47588
investigation report, and the appellate court's use of a	47589
presentence investigation report of that nature in connection with	47590
the appeal of a sentence under this section does not affect the	47591
otherwise confidential character of the contents of that report as	47592
described in division (D)(1) of section 2951.03 of the Revised	47593
Code and does not cause that report to become a public record, as	47594
defined in section 149.43 of the Revised Code, following the	47595
appellate court's use of the report.	47596

(2) The trial record in the case in which the sentence was	47597
imposed;	47598

(3) Any oral or written statements made to or by the court at	47599
the sentencing hearing at which the sentence was imposed;	47600

(4) Any written findings that the court was required to make	47601
in connection with the modification of the sentence pursuant to a	47602
judicial release under division (I) of section 2929.20 of the	47603
Revised Code.	47604

(G)(1) If the sentencing court was required to make the	47605
findings required by division (B) or (D) of section 2929.13,	47606
division (D)(2)(e) or (E)(4) of section 2929.14, or division (I)	47607
of section 2929.20 of the Revised Code relative to the imposition	47608
or modification of the sentence, and if the sentencing court	47609
failed to state the required findings on the record, the court	47610
hearing an appeal under division (A), (B), or (C) of this section	47611
shall remand the case to the sentencing court and instruct the	47612
sentencing court to state, on the record, the required findings.	47613

(2) The court hearing an appeal under division (A), (B), or	47614
(C) of this section shall review the record, including the	47615
findings underlying the sentence or modification given by the	47616
sentencing court.	47617

The appellate court may increase, reduce, or otherwise modify	47618
a sentence that is appealed under this section or may vacate the	47619
sentence and remand the matter to the sentencing court for	47620
resentencing. The appellate court's standard for review is not	47621
whether the sentencing court abused its discretion. The appellate	47622
court may take any action authorized by this division if it	47623
clearly and convincingly finds either of the following:	47624

(a) That the record does not support the sentencing court's	47625
findings under division (B) or (D) of section 2929.13, division	47626
(D)(2)(e) or (E)(4) of section 2929.14, or division (I) of section	47627
2929.20 of the Revised Code, whichever, if any, is relevant;	47628

(b) That the sentence is otherwise contrary to law.

47629

(H) A judgment or final order of a court of appeals under	47630
this section may be appealed, by leave of court, to the supreme	47631
court.	47632

(I)(1) There is hereby established the felony sentence appeal	47633
cost oversight committee, consisting of eight members. One member	47634
shall be the chief justice of the supreme court or a	47635
representative of the court designated by the chief justice, one	47636
member shall be a member of the senate appointed by the president	47637
of the senate, one member shall be a member of the house of	47638
representatives appointed by the speaker of the house of	47639
representatives, one member shall be the director of budget and	47640
management or a representative of the office of budget and	47641
management designated by the director, one member shall be a judge	47642
of a court of appeals, court of common pleas, municipal court, or	47643
county court appointed by the chief justice of the supreme court,	47644
one member shall be the state public defender or a representative	47645
of the office of the state public defender designated by the state	47646
public defender, one member shall be a prosecuting attorney	47647
appointed by the Ohio prosecuting attorneys association, and one	47648
member shall be a county commissioner appointed by the county	47649
commissioners association of Ohio. No more than three of the	47650
appointed members of the committee may be members of the same	47651
political party.	47652

The president of the senate, the speaker of the house of	47653
representatives, the chief justice of the supreme court, the Ohio	47654
prosecuting attorneys association, and the county commissioners	47655
association of Ohio shall make the initial appointments to the	47656
committee of the appointed members no later than ninety days after	47657
July 1, 1996. Of those initial appointments to the committee, the	47658
members appointed by the speaker of the house of representatives	47659
and the Ohio prosecuting attorneys association shall serve a term	47660
ending two years after July 1, 1996, the member appointed by the	47661
chief justice of the supreme court shall serve a term ending three	47662
years after July 1, 1996, and the members appointed by the	47663
president of the senate and the county commissioners association	47664
of Ohio shall serve terms ending four years after July 1, 1996.	47665
Thereafter, terms of office of the appointed members shall be for	47666
four years, with each term ending on the same day of the same	47667
month as did the term that it succeeds. Members may be	47668
reappointed. Vacancies shall be filled in the same manner provided	47669
for original appointments. A member appointed to fill a vacancy	47670
occurring prior to the expiration of the term for which that	47671
member's predecessor was appointed shall hold office as a member	47672
for the remainder of the predecessor's term. An appointed member	47673
shall continue in office subsequent to the expiration date of that	47674
member's term until that member's successor takes office or until	47675
a period of sixty days has elapsed, whichever occurs first.	47676

If the chief justice of the supreme court, the director of	47677
the office of budget and management, or the state public defender	47678
serves as a member of the committee, that person's term of office	47679
as a member shall continue for as long as that person holds office	47680
as chief justice, director of the office of budget and management,	47681
or state public defender. If the chief justice of the supreme	47682
court designates a representative of the court to serve as a	47683
member, the director of budget and management designates a	47684
representative of the office of budget and management to serve as	47685
a member, or the state public defender designates a representative	47686
of the office of the state public defender to serve as a member,	47687
the person so designated shall serve as a member of the commission	47688
for as long as the official who made the designation holds office	47689
as chief justice, director of the office of budget and management,	47690
or state public defender or until that official revokes the	47691
designation.	47692

The chief justice of the supreme court or the representative	47693
of the supreme court appointed by the chief justice shall serve as	47694
chairperson of the committee. The committee shall meet within two	47695
weeks after all appointed members have been appointed and shall	47696
organize as necessary. Thereafter, the committee shall meet at	47697
least once every six months or more often upon the call of the	47698
chairperson or the written request of three or more members,	47699
provided that the committee shall not meet unless moneys have been	47700
appropriated to the judiciary budget administered by the supreme	47701
court specifically for the purpose of providing financial	47702
assistance to counties under division (I)(2) of this section and	47703
the moneys so appropriated then are available for that purpose.	47704

The members of the committee shall serve without	47705
compensation, but, if moneys have been appropriated to the	47706
judiciary budget administered by the supreme court specifically	47707
for the purpose of providing financial assistance to counties	47708
under division (I)(2) of this section, each member shall be	47709
reimbursed out of the moneys so appropriated that then are	47710
available for actual and necessary expenses incurred in the	47711
performance of official duties as a committee member.	47712

(2) The ~~state criminal sentencing commission periodically~~	47713
~~shall provide to the felony sentence appeal cost oversight~~	47714
~~committee all data the commission collects pursuant to division~~	47715
~~(A)(5) of section 181.25 of the Revised Code. Upon receipt of the~~	47716
~~data from the state criminal sentencing commission, the~~ felony	47717
sentence appeal cost oversight committee periodically shall ~~review~~	47718
~~the data;~~ determine whether any money has been appropriated to the	47719
judiciary budget administered by the supreme court specifically	47720
for the purpose of providing state financial assistance to	47721
counties in accordance with this division for the increase in	47722
expenses the counties experience as a result of the felony	47723
sentence appeal provisions set forth in this section or as a	47724
result of a postconviction relief proceeding brought under	47725
division (A)(2) of section 2953.21 of the Revised Code or an	47726
appeal of a judgment in that proceeding; if it determines that any	47727
money has been so appropriated, determine the total amount of	47728
moneys that have been so appropriated specifically for that	47729
purpose and that then are available for that purpose; and develop	47730
a recommended method of distributing those moneys to the counties.	47731
The committee shall send a copy of its recommendation to the	47732
supreme court. Upon receipt of the committee's recommendation, the	47733
supreme court shall distribute to the counties, based upon that	47734
recommendation, the moneys that have been so appropriated	47735
specifically for the purpose of providing state financial	47736
assistance to counties under this division and that then are	47737
available for that purpose.	47738

Sec. 2981.11. (A)(1) Any property that has been lost,	47739
abandoned, stolen, seized pursuant to a search warrant, or	47740
otherwise lawfully seized or forfeited and that is in the custody	47741
of a law enforcement agency shall be kept safely by the agency,	47742
pending the time it no longer is needed as evidence or for another	47743
lawful purpose, and shall be disposed of pursuant to sections	47744
2981.12 and 2981.13 of the Revised Code.	47745

(2) This chapter does not apply to the custody and disposal	47746
of any of the following:	47747

(a) Vehicles subject to forfeiture under Title XLV of the	47748
Revised Code, except as provided in division (A)(6) of section	47749
2981.12 of the Revised Code;	47750

(b) Abandoned junk motor vehicles or other property of	47751
negligible value;	47752

(c) Property held by a department of rehabilitation and	47753
correction institution that is unclaimed, that does not have an	47754
identified owner, that the owner agrees to dispose of, or that is	47755
identified by the department as having little value;	47756

(d) Animals taken, and devices used in unlawfully taking	47757
animals, under section 1531.20 of the Revised Code;	47758

(e) Controlled substances sold by a peace officer in the	47759
performance of the officer's official duties under section	47760
3719.141 of the Revised Code;	47761

(f) Property recovered by a township law enforcement agency	47762
under sections 505.105 to 505.109 of the Revised Code;	47763

(g) Property held and disposed of under an ordinance of the	47764
municipal corporation or under sections 737.29 to 737.33 of the	47765
Revised Code, except that a municipal corporation that has	47766
received notice of a citizens' reward program as provided in	47767
division (F) of section 2981.12 of the Revised Code and disposes	47768
of property under an ordinance shall pay twenty-five per cent of	47769
any moneys acquired from any sale or auction to the citizens'	47770
reward program.	47771

(B)(1) Each law enforcement agency that has custody of any	47772
property that is subject to this section shall adopt and comply	47773
with a written internal control policy that does all of the	47774
following:	47775

(a) Provides for keeping detailed records as to the amount of	47776
property acquired by the agency and the date property was	47777
acquired;	47778

(b) Provides for keeping detailed records of the disposition	47779
of the property, which shall include, but not be limited to, both	47780
of the following:	47781

(i) The manner in which it was disposed, the date of	47782
disposition, detailed financial records concerning any property	47783
sold, and the name of any person who received the property. The	47784
record shall not identify or enable identification of the	47785
individual officer who seized any item of property.	47786

(ii) The general types of expenditures made with amounts that	47787
are gained from the sale of the property and that are retained by	47788
the agency, including the specific amount expended on each general	47789
type of expenditure, except that the policy shall not provide for	47790
or permit the identification of any specific expenditure that is	47791
made in an ongoing investigation.	47792

(c) Complies with section 2981.13 of the Revised Code if the	47793
agency has a law enforcement trust fund or similar fund created	47794
under that section.	47795

(2) Each law enforcement agency that during any calendar year	47796
has any seized or forfeited property covered by this section in	47797
its custody, including amounts distributed under section 2981.13	47798
of the Revised Code to its law enforcement trust fund or a similar	47799
fund created for the state highway patrol, department of public	47800
safety, department of taxation, or state board of pharmacy, shall	47801
prepare a report covering the calendar year that cumulates all of	47802
the information contained in all of the public records kept by the	47803
agency pursuant to this section for that calendar year. The agency	47804
shall send a copy of the cumulative report to the attorney general	47805
not later than the first day of March in the calendar year	47806
following the calendar year covered by the report.	47807

(3) The records kept under the internal control policy shall	47808
be open to public inspection during the agency's regular business	47809
hours. The policy adopted under this section and each report	47810
received by the attorney general is a public record open for	47811
inspection under section 149.43 of the Revised Code.	47812

(4) Not later than the fifteenth day of April in each	47813
calendar year in which reports are sent to the attorney general	47814
under division (B)(2) of this section, the attorney general shall	47815
send to the president of the senate and the speaker of the house	47816
of representatives a written notice that indicates that the	47817
attorney general received reports that cover the previous calendar	47818
year, that the reports are open for inspection under section	47819
149.43 of the Revised Code, and that the attorney general will	47820
provide a copy of any or all of the reports to the president of	47821
the senate or the speaker of the house of representatives upon	47822
request.	47823

(C) A law enforcement agency with custody of property to be	47824
disposed of under section 2981.12 or 2981.13 of the Revised Code	47825
shall make a reasonable effort to locate persons entitled to	47826
possession of the property, to notify them of when and where it	47827
may be claimed, and to return the property to them at the earliest	47828
possible time. In the absence of evidence identifying persons	47829
entitled to possession, it is sufficient notice to advertise in a	47830
newspaper of general circulation in the county and to briefly	47831
describe the nature of the property in custody and inviting	47832
persons to view and establish their right to it.	47833

(D) As used in sections 2981.11 to 2981.13 of the Revised	47834
Code:	47835

(1) "Citizens' reward program" has the same meaning as in	47836
section 9.92 of the Revised Code.	47837

(2) "Law enforcement agency" includes correctional	47838
institutions.	47839

(3) "Township law enforcement agency" means an organized	47840
police department of a township, a township police district, a	47841
joint ~~township~~ police district, or the office of a township	47842
constable.	47843

Sec. 2981.13. (A) Except as otherwise provided in this	47844
section, property ordered forfeited as contraband, proceeds, or an	47845
instrumentality pursuant to this chapter shall be disposed of,	47846
used, or sold pursuant to section 2981.12 of the Revised Code. If	47847
the property is to be sold under that section, the prosecutor	47848
shall cause notice of the proposed sale to be given in accordance	47849
with law.	47850

(B) If the contraband or instrumentality forfeited under this	47851
chapter is sold, any moneys acquired from a sale and any proceeds	47852
forfeited under this chapter shall be applied in the following	47853
order:	47854

(1) First, to pay costs incurred in the seizure, storage,	47855
maintenance, security, and sale of the property and in the	47856
forfeiture proceeding;	47857

(2) Second, in a criminal forfeiture case, to satisfy any	47858
restitution ordered to the victim of the offense or, in a civil	47859
forfeiture case, to satisfy any recovery ordered for the person	47860
harmed, unless paid from other assets;	47861

(3) Third, to pay the balance due on any security interest	47862
preserved under this chapter;	47863

(4) Fourth, apply the remaining amounts as follows:

47864

(a) If the forfeiture was ordered by a juvenile court, ten	47865
per cent to one or more certified alcohol and drug addiction	47866
treatment programs as provided in division (D) of section 2981.12	47867
of the Revised Code;	47868

(b) If the forfeiture was ordered in a juvenile court, ninety	47869
per cent, and if the forfeiture was ordered in a court other than	47870
a juvenile court, one hundred per cent to the law enforcement	47871
trust fund of the prosecutor and to the following fund supporting	47872
the law enforcement agency that substantially conducted the	47873
investigation: the law enforcement trust fund of the county	47874
sheriff, municipal corporation, township, or park district created	47875
under section 511.18 or 1545.01 of the Revised Code; the state	47876
highway patrol contraband, forfeiture, and other fund; the	47877
department of public safety investigative unit contraband,	47878
forfeiture, and other fund; the department of taxation enforcement	47879
fund; the board of pharmacy drug law enforcement fund created by	47880
division (B)(1) of section 4729.65 of the Revised Code; the	47881
medicaid fraud investigation and prosecution fund; or the	47882
treasurer of state for deposit into the peace officer training	47883
commission fund if any other state law enforcement agency	47884
substantially conducted the investigation. In the case of property	47885
forfeited for medicaid fraud, any remaining amount shall be used	47886
by the attorney general to investigate and prosecute medicaid	47887
fraud offenses.	47888

If the prosecutor declines to accept any of the remaining	47889
amounts, the amounts shall be applied to the fund of the agency	47890
that substantially conducted the investigation.	47891

(c) If more than one law enforcement agency is substantially	47892
involved in the seizure of property forfeited under this chapter,	47893
the court ordering the forfeiture shall equitably divide the	47894
amounts, after calculating any distribution to the law enforcement	47895
trust fund of the prosecutor pursuant to division (B)(4) of this	47896
section, among the entities that the court determines were	47897
substantially involved in the seizure.	47898

(C)(1) A law enforcement trust fund shall be established by	47899
the prosecutor of each county who intends to receive any remaining	47900
amounts pursuant to this section, by the sheriff of each county,	47901
by the legislative authority of each municipal corporation, by the	47902
board of township trustees of each township that has a township	47903
police department, township or joint police district police force,	47904
or office of the constable, and by the board of park commissioners	47905
of each park district created pursuant to section 511.18 or	47906
1545.01 of the Revised Code that has a park district police force	47907
or law enforcement department, for the purposes of this section.	47908

There is hereby created in the state treasury the state	47909
highway patrol contraband, forfeiture, and other fund, the	47910
department of public safety investigative unit contraband,	47911
forfeiture, and other fund, the medicaid fraud investigation and	47912
prosecution fund, the department of taxation enforcement fund, and	47913
the peace officer training commission fund, for the purposes of	47914
this section.	47915

Amounts distributed to any municipal corporation, township,	47916
or park district law enforcement trust fund shall be allocated	47917
from the fund by the legislative authority only to the police	47918
department of the municipal corporation, by the board of township	47919
trustees only to the township police department, township police	47920
district police force, or office of the constable, by the joint	47921
police district board only to the joint police district, and by	47922
the board of park commissioners only to the park district police	47923
force or law enforcement department.	47924

(2)(a) No amounts shall be allocated to a fund created under	47925
this section or used by an agency unless the agency has adopted a	47926
written internal control policy that addresses the use of moneys	47927
received from the appropriate fund. The appropriate fund shall be	47928
expended only in accordance with that policy and, subject to the	47929
requirements specified in this section, only for the following	47930
purposes:	47931

(i) To pay the costs of protracted or complex investigations	47932
or prosecutions;	47933

(ii) To provide reasonable technical training or expertise;

47934

(iii) To provide matching funds to obtain federal grants to	47935
aid law enforcement, in the support of DARE programs or other	47936
programs designed to educate adults or children with respect to	47937
the dangers associated with the use of drugs of abuse;	47938

(iv) To pay the costs of emergency action taken under section	47939
3745.13 of the Revised Code relative to the operation of an	47940
illegal methamphetamine laboratory if the forfeited property or	47941
money involved was that of a person responsible for the operation	47942
of the laboratory;	47943

(v) For other law enforcement purposes that the	47944
superintendent of the state highway patrol, department of public	47945
safety, prosecutor, county sheriff, legislative authority,	47946
department of taxation, board of township trustees, or board of	47947
park commissioners determines to be appropriate.	47948

(b) The board of pharmacy drug law enforcement fund shall be	47949
expended only in accordance with the written internal control	47950
policy so adopted by the board and only in accordance with section	47951
4729.65 of the Revised Code, except that it also may be expended	47952
to pay the costs of emergency action taken under section 3745.13	47953
of the Revised Code relative to the operation of an illegal	47954
methamphetamine laboratory if the forfeited property or money	47955
involved was that of a person responsible for the operation of the	47956
laboratory.	47957

(c) The state highway patrol contraband, forfeiture, and	47958
other fund, the department of public safety investigative unit	47959
contraband, forfeiture, and other fund, the department of taxation	47960
enforcement fund, the board of pharmacy drug law enforcement fund,	47961
and a law enforcement trust fund shall not be used to meet the	47962
operating costs of the state highway patrol, of the investigative	47963
unit of the department of public safety, of the state board of	47964
pharmacy, of any political subdivision, or of any office of a	47965
prosecutor or county sheriff that are unrelated to law	47966
enforcement.	47967

(d) Forfeited moneys that are paid into the state treasury to	47968
be deposited into the peace officer training commission fund shall	47969
be used by the commission only to pay the costs of peace officer	47970
training.	47971

(3) Any of the following offices or agencies that receive	47972
amounts under this section during any calendar year shall file a	47973
report with the specified entity, not later than the thirty-first	47974
day of January of the next calendar year, verifying that the	47975
moneys were expended only for the purposes authorized by this	47976
section or other relevant statute and specifying the amounts	47977
expended for each authorized purpose:	47978

(a) Any sheriff or prosecutor shall file the report with the	47979
county auditor.	47980

(b) Any municipal corporation police department shall file	47981
the report with the legislative authority of the municipal	47982
corporation.	47983

(c) Any township police department, township or joint police	47984
district police force, or office of the constable shall file the	47985
report with the board of township trustees of the township.	47986

(d) Any park district police force or law enforcement	47987
department shall file the report with the board of park	47988
commissioners of the park district.	47989

(e) The superintendent of the state highway patrol and the	47990
tax commissioner shall file the report with the attorney general.	47991

(f) The executive director of the state board of pharmacy	47992
shall file the report with the attorney general, verifying that	47993
cash and forfeited proceeds paid into the board of pharmacy drug	47994
law enforcement fund were used only in accordance with section	47995
4729.65 of the Revised Code.	47996

(g) The peace officer training commission shall file a report	47997
with the attorney general, verifying that cash and forfeited	47998
proceeds paid into the peace officer training commission fund	47999
pursuant to this section during the prior calendar year were used	48000
by the commission during the prior calendar year only to pay the	48001
costs of peace officer training.	48002

(D) The written internal control policy of a county sheriff,	48003
prosecutor, municipal corporation police department, township	48004
police department, township or joint police district police force,	48005
office of the constable, or park district police force or law	48006
enforcement department shall provide that at least ten per cent of	48007
the first one hundred thousand dollars of amounts deposited during	48008
each calendar year in the agency's law enforcement trust fund	48009
under this section, and at least twenty per cent of the amounts	48010
exceeding one hundred thousand dollars that are so deposited,	48011
shall be used in connection with community preventive education	48012
programs. The manner of use shall be determined by the sheriff,	48013
prosecutor, department, police force, or office of the constable	48014
after receiving and considering advice on appropriate community	48015
preventive education programs from the county's board of alcohol,	48016
drug addiction, and mental health services, from the county's	48017
alcohol and drug addiction services board, or through appropriate	48018
community dialogue.	48019

The financial records kept under the internal control policy	48020
shall specify the amount deposited during each calendar year in	48021
the portion of that amount that was used pursuant to this	48022
division, and the programs in connection with which the portion of	48023
that amount was so used.	48024

As used in this division, "community preventive education	48025
programs" include, but are not limited to, DARE programs and other	48026
programs designed to educate adults or children with respect to	48027
the dangers associated with using drugs of abuse.	48028

(E) Upon the sale, under this section or section 2981.12 of	48029
the Revised Code, of any property that is required by law to be	48030
titled or registered, the state shall issue an appropriate	48031
certificate of title or registration to the purchaser. If the	48032
state is vested with title and elects to retain property that is	48033
required to be titled or registered under law, the state shall	48034
issue an appropriate certificate of title or registration.	48035

(F) Any failure of a law enforcement officer or agency,	48036
prosecutor, court, or the attorney general to comply with this	48037
section in relation to any property seized does not affect the	48038
validity of the seizure and shall not be considered to be the	48039
basis for suppressing any evidence resulting from the seizure,	48040
provided the seizure itself was lawful.	48041

Sec. 3109.16. (A) The children's trust fund board, upon the	48042
recommendation of the director of job and family services, shall	48043
approve the employment of an executive director who will	48044
administer the programs of the board. ~~The~~	48045

(B) The department of job and family services shall provide	48046
budgetary, procurement, accounting, and other related management	48047
functions for the board and may adopt rules in accordance with	48048
Chapter 119. of the Revised Code for these purposes. An amount not	48049
to exceed three per cent of the total amount of fees deposited in	48050
the children's trust fund in each fiscal year may be used for	48051
costs directly related to these administrative functions of the	48052
department. Each fiscal year, the board shall approve a budget for	48053
administrative expenditures for the next fiscal year.	48054

(C) The board may request that the department adopt rules the	48055
board considers necessary for the purpose of carrying out the	48056
board's responsibilities under this section, and the department	48057
may adopt those rules. The department may, after consultation with	48058
the board and the executive director, adopt any other rules to	48059
assist the board in carrying out its responsibilities under this	48060
section. In either case, the rules shall be adopted under Chapter	48061
119. of the Revised Code.	48062

(D) The board shall meet at least quarterly at the call of	48063
the chairperson to conduct its official business. All business	48064
transactions of the board shall be conducted in public meetings.	48065
Eight members of the board constitute a quorum. A majority of the	48066
board members is required to adopt the state plan for the	48067
allocation of funds from the children's trust fund. A majority of	48068
the quorum is required to make all other decisions of the board.	48069

~~The~~(E) With respect to funding, all of the following apply:

48070

(1) The board may apply for and accept federal and other	48071
funds for the purpose of funding child abuse and child neglect	48072
prevention programs. ~~In addition, the~~	48073

(2) The board may solicit and accept gifts, money, and other	48074
donations from any public or private source, including	48075
individuals, philanthropic foundations or organizations,	48076
corporations, or corporation endowments. ~~The~~	48077

(3) The board may develop private-public partnerships to	48078
support the mission of the children's trust fund.	48079

(4) The acceptance and use of federal and other funds shall	48080
not entail any commitment or pledge of state funds, nor obligate	48081
the general assembly to continue the programs or activities for	48082
which the federal and other funds are made available. ~~All~~	48083

(5) All funds received in the manner described in this	48084
section shall be transmitted to the treasurer of state, who shall	48085
credit them to the children's trust fund created in section	48086
3109.14 of the Revised Code.	48087

Sec. 3111.04. (A) An action to determine the existence or	48088
nonexistence of the father and child relationship may be brought	48089
by the child or the child's personal representative, the child's	48090
mother or her personal representative, a man alleged or alleging	48091
himself to be the child's father, the child support enforcement	48092
agency of the county in which the child resides if the child's	48093
mother, father, or alleged father is a recipient of public	48094
assistance or of services under Title IV-D of the "Social Security	48095
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	48096
alleged father's personal representative.	48097

(B) An agreement does not bar an action under this section.

48098

(C) If an action under this section is brought before the	48099
birth of the child and if the action is contested, all	48100
proceedings, except service of process and the taking of	48101
depositions to perpetuate testimony, may be stayed until after the	48102
birth.	48103

(D) A recipient of public assistance or of services under	48104
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	48105
U.S.C.A. 651, as amended, shall cooperate with the child support	48106
enforcement agency of the county in which a child resides to	48107
obtain an administrative determination pursuant to sections	48108
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	48109
determination pursuant to sections 3111.01 to 3111.18 of the	48110
Revised Code, of the existence or nonexistence of a parent and	48111
child relationship between the father and the child. If the	48112
recipient fails to cooperate, the agency may commence an action to	48113
determine the existence or nonexistence of a parent and child	48114
relationship between the father and the child pursuant to sections	48115
3111.01 to 3111.18 of the Revised Code.	48116

(E) As used in this section, "public assistance" means all of	48117
the following:	48118

(1) Medicaid under Chapter 5111. of the Revised Code;

48119

(2) Ohio works first under Chapter 5107. of the Revised Code;

48120

(3) Disability financial assistance under Chapter 5115. of	48121
the Revised Code;	48122

~~(4) Children's buy-in program under sections 5101.5211 to~~	48123
~~5101.5216 of the Revised Code~~.	48124

Sec. 3113.06. No father, or mother when she is charged with	48125
the maintenance, of a child under eighteen years of age, or a	48126
mentally or physically handicapped child under age twenty-one, who	48127
is legally a ward of a public children services agency or is the	48128
recipient of aid pursuant to ~~sections 5101.5211 to 5101.5216 or~~	48129
Chapter 5107. or 5115. of the Revised Code, shall neglect or	48130
refuse to pay such agency the reasonable cost of maintaining such	48131
child when such father or mother is able to do so by reason of	48132
property, labor, or earnings.	48133

An offense under this section shall be held committed in the	48134
county in which the agency is located. The agency shall file	48135
charges against any parent who violates this section, unless the	48136
agency files charges under section 2919.21 of the Revised Code, or	48137
unless charges of nonsupport are filed by a relative or guardian	48138
of the child, or unless an action to enforce support is brought	48139
under Chapter 3115. of the Revised Code.	48140

Sec. 3119.54. A party to a child support order issued in	48141
accordance with section 3119.30 of the Revised Code shall notify	48142
any physician, hospital, or other provider of medical services	48143
that provides medical services to the child who is the subject of	48144
the child support order of the number of any health insurance or	48145
health care policy, contract, or plan that covers the child if the	48146
child is eligible for medical assistance under ~~sections 5101.5211~~	48147
~~to 5101.5216 or~~ Chapter 5111. of the Revised Code. The party shall	48148
include in the notice the name and address of the insurer. Any	48149
physician, hospital, or other provider of medical services for	48150
which medical assistance is available under ~~sections 5101.5211 to~~	48151
~~5101.5216 or~~ Chapter 5111. of the Revised Code who is notified	48152
under this section of the existence of a health insurance or	48153
health care policy, contract, or plan with coverage for children	48154
who are eligible for medical assistance shall first bill the	48155
insurer for any services provided for those children. If the	48156
insurer fails to pay all or any part of a claim filed under this	48157
section and the services for which the claim is filed are covered	48158
by ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111. of the Revised	48159
Code, the physician, hospital, or other medical services provider	48160
shall bill the remaining unpaid costs of the services in	48161
accordance with ~~sections 5101.5211 to 5101.5216 or~~ Chapter 5111.	48162
of the Revised Code.	48163

Sec. 3121.48. The office of child support shall ~~maintain~~	48164
administer a ~~separate account~~fund for the deposit of support	48165
payments it receives as trustee for remittance to the persons	48166
entitled to receive the support payments. The fund shall be in the	48167
custody of the treasurer of state, but shall not be part of the	48168
state treasury.	48169

Sec. 3123.44. (A) Notice shall be sent to an individual	48170
described in section 3123.42 of the Revised Code in compliance	48171
with section 3121.23 of the Revised Code. The notice shall specify	48172
that a court or child support enforcement agency has determined	48173
the individual to be in default under a child support order or	48174
that the individual is an obligor who has failed to comply with a	48175
subpoena or warrant issued by a court or agency with respect to a	48176
proceeding to enforce a child support order, that a notice	48177
containing the individual's name and social security number or	48178
other identification number may be sent to every board that has	48179
authority to issue or has issued the individual a license, and	48180
that, if the board receives that notice and determines that the	48181
individual is the individual named in that notice and the board	48182
has not received notice under section 3123.45 or 3123.46 of the	48183
Revised Code, all of the following will occur:	48184

~~(A)~~(1) The board will not issue any license to the individual	48185
or renew any license of the individual.	48186

~~(B)~~(2) The board will suspend any license of the individual	48187
if it determines that the individual is the individual named in	48188
the notice sent to the board under section 3123.43 of the Revised	48189
Code.	48190

~~(C)~~(3) If the individual is the individual named in the	48191
notice, the board will not issue any license to the individual,	48192
and will not reinstate a suspended license, until the board	48193
receives a notice under section 3123.45 or 3123.46 of the Revised	48194
Code.	48195

(B) If an agency makes the determination described in	48196
division (A) of section 3123.42 of the Revised Code, it shall not	48197
send the notice described in division (A) of this section unless	48198
both of the following are the case:	48199

(1) At least ninety days have elapsed since the final and	48200
enforceable determination of default;	48201

(2) In the preceding ninety days, the obligor has failed to	48202
pay at least fifty per cent of the arrearage through means other	48203
than those described in sections 3123.81 to 3123.85 of the Revised	48204
Code.	48205

(C) The department of job and family services shall adopt	48206
rules pursuant to section 3123.63 of the Revised Code establishing	48207
a uniform pre-suspension notice form that shall be used by	48208
agencies that send notice as required by this section.	48209

Sec. 3123.45. A child support enforcement agency that sent a	48210
notice to a board of an individual's default under a child support	48211
order shall send to each board to which the agency sent the notice	48212
a further notice that the individual is not in default if it	48213
determines that the individual is not in default or any of the	48214
following occurs:	48215

(A) The individual makes full payment to the office of child	48216
support in the department of job and family services or, pursuant	48217
to sections 3125.27 to 3125.30 of the Revised Code, the child	48218
support enforcement agency of the arrearage that was the basis for	48219
the court or agency determination that the individual was in	48220
default.	48221

(B) AnThe individual has presented to the agency sufficient	48222
evidence of current employment or of an account in a financial	48223
institution, the agency has confirmed the individual's employment	48224
or the existence of the account, and an appropriate withholding or	48225
deduction notice ~~or other appropriate order~~ described in section	48226
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	48227
has been issued to collect current support and any arrearage due	48228
under the child support order that was in default~~, and the~~	48229
~~individual is complying with the notice or order~~.	48230

(C) ~~A new child support order has been issued or the child~~	48231
~~support order that was in default, has been modified to collect~~	48232
~~current support and any arrearage due under the child support~~	48233
~~order that was in default, and the individual is complying with~~	48234
~~the new or modified child support order~~The individual presents	48235
evidence to the agency sufficient to establish that the individual	48236
is unable to work due to circumstances beyond the individual's	48237
control.	48238

The agency shall send the notice under this section not later	48239
than seven days after the agency determines the individual is not	48240
in default or that any of the circumstances specified in this	48241
section has occurred.	48242

Sec. 3123.55. (A) Notice shall be sent to the individual	48243
described in section ~~3123.54~~3123.53 of the Revised Code in	48244
compliance with section 3121.23 of the Revised Code. The notice	48245
shall specify that a court or child support enforcement agency has	48246
determined the individual to be in default under a child support	48247
order or that the individual is an obligor under a child support	48248
order who has failed to comply with a subpoena or warrant issued	48249
by a court or agency with respect to a proceeding to enforce a	48250
child support order, that a notice containing the individual's	48251
name and social security number or other identification number may	48252
be sent to the registrar of motor vehicles, and that, if the	48253
registrar receives that notice and determines that the individual	48254
is the individual named in that notice and the registrar has not	48255
received notice under section 3123.56 or 3123.57 of the Revised	48256
Code, all of the following will occur:	48257

~~(A)~~(1) The registrar and all deputy registrars will be	48258
prohibited from issuing to the individual a driver's or commercial	48259
driver's license, motorcycle operator's license or endorsement, or	48260
temporary instruction permit or commercial driver's temporary	48261
instruction permit.	48262

~~(B)~~(2) The registrar and all deputy registrars will be	48263
prohibited from renewing for the individual a driver's or	48264
commercial driver's license, motorcycle operator's license or	48265
endorsement, or commercial driver's temporary instruction permit.	48266

~~(C)~~(3) If the individual holds a driver's or commercial	48267
driver's license, motorcycle operator's license or endorsement, or	48268
temporary instruction permit or commercial driver's temporary	48269
instruction permit, the registrar will impose a class F suspension	48270
under division (B)(6) of section 4510.02 of the Revised Code if	48271
the registrar determines that the individual is the individual	48272
named in the notice sent pursuant to section 3123.54 of the	48273
Revised Code.	48274

~~(D)~~(4) If the individual is the individual named in the	48275
notice, the individual will not be issued or have renewed any	48276
license, endorsement, or permit, and no suspension will be lifted	48277
with respect to any license, endorsement, or permit listed in this	48278
section until the registrar receives a notice under section	48279
3123.56 or 3123.57 of the Revised Code.	48280

(B) If an agency makes the determination described in	48281
division (A) of section 3123.53 of the Revised Code, it shall not	48282
send the notice described in division (A) of this section unless	48283
both of the following are the case:	48284

(1) At least ninety days have elapsed since the final and	48285
enforceable determination of default;	48286

(2) In the preceding ninety days, the obligor has failed to	48287
pay at least fifty per cent of the arrearage through means other	48288
than those described in sections 3123.81 to 3123.85 of the Revised	48289
Code.	48290

(C) The department of job and family services shall adopt	48291
rules pursuant to section 3123.63 of the Revised Code establishing	48292
a uniform pre-suspension notice form that shall be used by	48293
agencies that send notice as required by this section.	48294

Sec. 3123.56. A child support enforcement agency that sent a	48295
notice under section 3123.54 of the Revised Code of an	48296
individual's default under a child support order shall send to the	48297
registrar of motor vehicles a notice that the individual is not in	48298
default if it determines that the individual is not in default or	48299
any of the following occurs:	48300

(A) The individual makes full payment to the office of child	48301
support or, pursuant to sections 3125.27 to 3125.30 of the Revised	48302
Code, to the child support enforcement agency of the arrearage	48303
that was the basis for the court or agency determination that the	48304
individual was in default.	48305

(B) AnThe individual has presented to the agency sufficient	48306
evidence of current employment or of an account in a financial	48307
institution, the agency has confirmed the individual's employment	48308
or the existence of the account, and an appropriate withholding or	48309
deduction notice ~~or other appropriate order~~ described in section	48310
3121.03~~, 3121.04, 3121.05, 3121.06, or 3121.12~~ of the Revised Code	48311
has been issued to collect current support and any arrearage due	48312
under the child support order that was in default~~, and the~~	48313
~~individual is complying with the notice or order~~.	48314

(C) ~~A new child support order has been issued or the child~~	48315
~~support order that was in default has been modified to collect~~	48316
~~current support and any arrearage due under the child support~~	48317
~~order that was in default, and the individual is complying with~~	48318
~~the new or modified child support order~~The individual presents	48319
evidence to the agency sufficient to establish that the individual	48320
is unable to work due to circumstances beyond the individual's	48321
control.	48322

The agency shall send the notice under this section not later	48323
than seven days after it determines the individual is not in	48324
default or that any of the circumstances specified in this section	48325
has occurred.	48326

Sec. 3123.58. (A) On receipt of a notice pursuant to section	48327
3123.54 of the Revised Code, the registrar of motor vehicles shall	48328
determine whether the individual named in the notice holds or has	48329
applied for a driver's license or commercial driver's license,	48330
motorcycle operator's license or endorsement, or temporary	48331
instruction permit or commercial driver's temporary instruction	48332
permit. If the registrar determines that the individual holds or	48333
has applied for a license, permit, or endorsement and the	48334
individual is the individual named in the notice and does not	48335
receive a notice pursuant to section 3123.56 or 3123.57 of the	48336
Revised Code, the registrar immediately shall provide notice of	48337
the determination to each deputy registrar. The registrar or a	48338
deputy registrar may not issue to the individual a driver's or	48339
commercial driver's license, motorcycle operator's license or	48340
endorsement, or temporary instruction permit or commercial	48341
driver's temporary instruction permit and may not renew for the	48342
individual a driver's or commercial driver's license, motorcycle	48343
operator's license or endorsement, or commercial driver's	48344
temporary instruction permit. The registrar or a deputy registrar	48345
also shall impose a class F suspension of the license, permit, or	48346
endorsement held by the individual under division (B)(6) of	48347
section 4510.02 of the Revised Code.	48348

~~(B) Prior to the date specified in section 3123.52 of the~~	48349
~~Revised Code, the registrar of motor vehicles or a deputy~~	48350
~~registrar shall do only the following with respect to an~~	48351
~~individual if the registrar makes the determination required under~~	48352
~~division (A) of this section and no notice is received concerning~~	48353
~~the individual under section 3123.56 or 3123.57 of the Revised~~	48354
~~Code:~~	48355

~~(1) Refuse to issue or renew the individual's commercial~~	48356
~~driver's license or commercial driver's temporary instruction~~	48357
~~permit;~~	48358

~~(2) Impose a class F suspension under division (B)(6) of~~	48359
~~section 4510.02 of the Revised Code on the individual with respect~~	48360
~~to the license or permit held by the individual.~~	48361

Sec. 3123.59. Not later than seven days after receipt of a	48362
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,	48363
the registrar of motor vehicles shall notify each deputy registrar	48364
of the notice. The registrar and each deputy registrar shall then,	48365
if the individual otherwise is eligible for the license, permit,	48366
or endorsement and wants the license, permit, or endorsement,	48367
issue a license, permit, or endorsement to, or renew a license,	48368
permit, or endorsement of, the individual, or, if the registrar	48369
imposed a class F suspension of the individual's license, permit,	48370
or endorsement pursuant to division (A) of section 3123.58 of the	48371
Revised Code, remove the suspension. ~~On and after the date~~	48372
~~specified in section 3123.52 of the Revised Code, the registrar or~~	48373
~~a deputy registrar shall remove, after receipt of a notice under~~	48374
~~section 3123.56 or 3123.57 of the Revised Code, a class F~~	48375
~~suspension imposed on an individual with respect to a license or~~	48376
~~permit pursuant to division (B) of section 3123.58 of the Revised~~	48377
~~Code.~~ The registrar or a deputy registrar may charge a fee of not	48378
more than twenty-five dollars for issuing or renewing or removing	48379
the suspension of a license, permit, or endorsement pursuant to	48380
this section. The fees collected by the registrar pursuant to this	48381
section shall be paid into the state bureau of motor vehicles fund	48382
established in section 4501.25 of the Revised Code.	48383

Sec. 3123.591. A child support enforcement agency may,	48384
pursuant to rules adopted under section 3123.63 of the Revised	48385
Code, direct the registrar of motor vehicles to eliminate from the	48386
abstract maintained by the bureau of motor vehicles any reference	48387
to the suspension of an individual's license, permit, or	48388
endorsement imposed under section 3123.58 of the Revised Code.	48389

Sec. 3123.63. The director of job and family services ~~may~~	48390
shall adopt rules in accordance with Chapter 119. of the Revised	48391
Code to implement sections 3123.41 to 3123.50, ~~3123.52~~3123.53 to	48392
~~3123.614~~3123.60, and 3123.62 of the Revised Code. The rules shall	48393
include both of the following:	48394

(A) Requirements concerning the contents of, and the	48395
conditions for issuance of, a notice required by section 3123.44	48396
or 3123.55 of the Revised Code. The rules shall require the	48397
contents of the notice to include information about the effect of	48398
a license suspension and appropriate steps that an individual can	48399
take to avoid license suspension.	48400

(B) Requirements concerning the authority of a child support	48401
enforcement agency to direct the registrar of motor vehicles to	48402
eliminate from the abstract maintained by the bureau of motor	48403
vehicles any reference to the suspension of an individual's	48404
license, permit, or endorsement imposed under section 3123.58 of	48405
the Revised Code.	48406

Sec. 3301.07. The state board of education shall exercise	48407
under the acts of the general assembly general supervision of the	48408
system of public education in the state. In addition to the powers	48409
otherwise imposed on the state board under the provisions of law,	48410
the board shall have the powers described in this section.	48411

(A) The state board shall exercise policy forming, planning,	48412
and evaluative functions for the public schools of the state	48413
except as otherwise provided by law.	48414

(B)(1) The state board shall exercise leadership in the	48415
improvement of public education in this state, and administer the	48416
educational policies of this state relating to public schools, and	48417
relating to instruction and instructional material, building and	48418
equipment, transportation of pupils, administrative	48419
responsibilities of school officials and personnel, and finance	48420
and organization of school districts, educational service centers,	48421
and territory. Consultative and advisory services in such matters	48422
shall be provided by the board to school districts and educational	48423
service centers of this state.	48424

(2) The state board also shall develop a standard of	48425
financial reporting which shall be used by each school district	48426
board of education and educational service center governing board	48427
to make its financial information and annual budgets for each	48428
school building under its control available to the public in a	48429
format understandable by the average citizen. The format shall	48430
show, among other things, at the district and educational service	48431
center level or at the school building level, as determined	48432
appropriate by the department of education, revenue by source;	48433
expenditures for salaries, wages, and benefits of employees,	48434
showing such amounts separately for classroom teachers, other	48435
employees required to hold licenses issued pursuant to sections	48436
3319.22 to 3319.31 of the Revised Code, and all other employees;	48437
expenditures other than for personnel, by category, including	48438
utilities, textbooks and other educational materials, equipment,	48439
permanent improvements, pupil transportation, extracurricular	48440
athletics, and other extracurricular activities; and per pupil	48441
expenditures.	48442

(C) The state board shall administer and supervise the	48443
allocation and distribution of all state and federal funds for	48444
public school education under the provisions of law, and may	48445
prescribe such systems of accounting as are necessary and proper	48446
to this function. It may require county auditors and treasurers,	48447
boards of education, educational service center governing boards,	48448
treasurers of such boards, teachers, and other school officers and	48449
employees, or other public officers or employees, to file with it	48450
such reports as it may prescribe relating to such funds, or to the	48451
management and condition of such funds.	48452

(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,	48453
XLVII, and LI of the Revised Code a reference is made to standards	48454
prescribed under this section or division (D) of this section,	48455
that reference shall be construed to refer to the standards	48456
prescribed under division (D)(2) of this section, unless the	48457
context specifically indicates a different meaning or intent.	48458

(2) The state board shall formulate and prescribe minimum	48459
standards to be applied to all elementary and secondary schools in	48460
this state for the purpose of requiring a general education of	48461
high quality. Such standards shall provide adequately for: the	48462
licensing of teachers, administrators, and other professional	48463
personnel and their assignment according to training and	48464
qualifications; efficient and effective instructional materials	48465
and equipment, including library facilities; the proper	48466
organization, administration, and supervision of each school,	48467
including regulations for preparing all necessary records and	48468
reports and the preparation of a statement of policies and	48469
objectives for each school; buildings, grounds, health and	48470
sanitary facilities and services; admission of pupils, and such	48471
requirements for their promotion from grade to grade as will	48472
assure that they are capable and prepared for the level of study	48473
to which they are certified; requirements for graduation; and such	48474
other factors as the board finds necessary.	48475

In the formulation and administration of such standards for	48476
nonpublic schools the board shall also consider the particular	48477
needs, methods and objectives of those schools, provided they do	48478
not conflict with the provision of a general education of a high	48479
quality and provided that regular procedures shall be followed for	48480
promotion from grade to grade of pupils who have met the	48481
educational requirements prescribed.	48482

In the formulation and administration of such standards as	48483
they relate to instructional materials and equipment in public	48484
schools, including library materials, the board shall require that	48485
the material and equipment be aligned with and promote skills	48486
expected under the statewide academic standards adopted under	48487
section 3301.079 of the Revised Code.	48488

(3) In addition to the minimum standards required by division	48489
(D)(2) of this section, the state board ~~shall~~may formulate and	48490
prescribe the following additional minimum operating standards for	48491
school districts:	48492

(a) Standards for the effective and efficient organization,	48493
administration, and supervision of each school district so that it	48494
becomes a thinking and learning organization according to	48495
principles of systems design and collaborative professional	48496
learning communities research as defined by the superintendent of	48497
public instruction, including a focus on the personalized and	48498
individualized needs of each student; a shared responsibility	48499
among school boards, administrators, faculty, and staff to develop	48500
a common vision, mission, and set of guiding principles; a shared	48501
responsibility among school boards, administrators, faculty, and	48502
staff to engage in a process of collective inquiry, action	48503
orientation, and experimentation to ensure the academic success of	48504
all students; commitment to teaching and learning strategies that	48505
utilize technological tools and emphasize inter-disciplinary,	48506
real-world, project-based, and technology-oriented learning	48507
experiences to meet the individual needs of every student;	48508
commitment to high expectations for every student and commitment	48509
to closing the achievement gap so that all students achieve core	48510
knowledge and skills in accordance with the statewide academic	48511
standards adopted under section 3301.079 of the Revised Code;	48512
commitment to the use of assessments to diagnose the needs of each	48513
student; effective connections and relationships with families and	48514
others that support student success; and commitment to the use of	48515
positive behavior intervention supports throughout a district to	48516
ensure a safe and secure learning environment for all students;	48517

(b) Standards for the establishment of business advisory	48518
councils under section 3313.82 of the Revised Code;	48519

(c) Standards for school district ~~organizational units, as~~	48520
~~defined in sections 3306.02 and 3306.04 of the Revised Code,~~	48521
buildings that may require:	48522

(i) The effective and efficient organization, administration,	48523
and supervision of each school district ~~organizational unit~~	48524
building so that it becomes a thinking and learning organization	48525
according to principles of systems design and collaborative	48526
professional learning communities research as defined by the state	48527
superintendent, including a focus on the personalized and	48528
individualized needs of each student; a shared responsibility	48529
among ~~organizational unit~~building administrators, faculty, and	48530
staff to develop a common vision, mission, and set of guiding	48531
principles; a shared responsibility among ~~organizational unit~~	48532
building administrators, faculty, and staff to engage in a process	48533
of collective inquiry, action orientation, and experimentation to	48534
ensure the academic success of all students; commitment to job	48535
embedded professional development and professional mentoring and	48536
coaching; established periods of time for teachers to pursue	48537
planning time for the development of lesson plans, professional	48538
development, and shared learning; commitment to effective	48539
management strategies that allow administrators reasonable access	48540
to classrooms for observation and professional development	48541
experiences; commitment to teaching and learning strategies that	48542
utilize technological tools and emphasize inter-disciplinary,	48543
real-world, project-based, and technology-oriented learning	48544
experiences to meet the individual needs of every student;	48545
commitment to high expectations for every student and commitment	48546
to closing the achievement gap so that all students achieve core	48547
knowledge and skills in accordance with the statewide academic	48548
standards adopted under section 3301.079 of the Revised Code;	48549
commitment to the use of assessments to diagnose the needs of each	48550
student; effective connections and relationships with families and	48551
others that support student success; commitment to the use of	48552
positive behavior intervention supports throughout the	48553
~~organizational unit~~building to ensure a safe and secure learning	48554
environment for all students;	48555

(ii) A school ~~organizational unit~~building leadership team to	48556
coordinate positive behavior intervention supports, learning	48557
environments, thinking and learning systems, collaborative	48558
planning, planning time, student academic interventions, student	48559
extended learning opportunities, and other activities identified	48560
by the team and approved by the district board of education. The	48561
team shall include the building principal, representatives from	48562
each collective bargaining unit, ~~the building lead~~a classroom	48563
teacher, parents, business representatives, and others that	48564
support student success.	48565

(E) The state board may require as part of the health	48566
curriculum information developed under section 2108.34 of the	48567
Revised Code promoting the donation of anatomical gifts pursuant	48568
to Chapter 2108. of the Revised Code and may provide the	48569
information to high schools, educational service centers, and	48570
joint vocational school district boards of education;	48571

(F) The state board shall prepare and submit annually to the	48572
governor and the general assembly a report on the status, needs,	48573
and major problems of the public schools of the state, with	48574
recommendations for necessary legislative action and a ten-year	48575
projection of the state's public and nonpublic school enrollment,	48576
by year and by grade level.	48577

(G) The state board shall prepare and submit to the director	48578
of budget and management the biennial budgetary requests of the	48579
state board of education, for its agencies and for the public	48580
schools of the state.	48581

(H) The state board shall cooperate with federal, state, and	48582
local agencies concerned with the health and welfare of children	48583
and youth of the state.	48584

(I) The state board shall require such reports from school	48585
districts and educational service centers, school officers, and	48586
employees as are necessary and desirable. The superintendents and	48587
treasurers of school districts and educational service centers	48588
shall certify as to the accuracy of all reports required by law or	48589
state board or state department of education rules to be submitted	48590
by the district or educational service center and which contain	48591
information necessary for calculation of state funding. Any	48592
superintendent who knowingly falsifies such report shall be	48593
subject to license revocation pursuant to section 3319.31 of the	48594
Revised Code.	48595

(J) In accordance with Chapter 119. of the Revised Code, the	48596
state board shall adopt procedures, standards, and guidelines for	48597
the education of children with disabilities pursuant to Chapter	48598
3323. of the Revised Code, including procedures, standards, and	48599
guidelines governing programs and services operated by county	48600
boards of developmental disabilities pursuant to section 3323.09	48601
of the Revised Code.	48602

(K) For the purpose of encouraging the development of special	48603
programs of education for academically gifted children, the state	48604
board shall employ competent persons to analyze and publish data,	48605
promote research, advise and counsel with boards of education, and	48606
encourage the training of teachers in the special instruction of	48607
gifted children. The board may provide financial assistance out of	48608
any funds appropriated for this purpose to boards of education and	48609
educational service center governing boards for developing and	48610
conducting programs of education for academically gifted children.	48611

(L) The state board shall require that all public schools	48612
emphasize and encourage, within existing units of study, the	48613
teaching of energy and resource conservation as recommended to	48614
each district board of education by leading business persons	48615
involved in energy production and conservation, beginning in the	48616
primary grades.	48617

(M) The state board shall formulate and prescribe minimum	48618
standards requiring the use of phonics as a technique in the	48619
teaching of reading in grades kindergarten through three. In	48620
addition, the state board shall provide in-service training	48621
programs for teachers on the use of phonics as a technique in the	48622
teaching of reading in grades kindergarten through three.	48623

(N) The state board may adopt rules necessary for carrying	48624
out any function imposed on it by law, and may provide rules as	48625
are necessary for its government and the government of its	48626
employees, and may delegate to the superintendent of public	48627
instruction the management and administration of any function	48628
imposed on it by law. It may provide for the appointment of board	48629
members to serve on temporary committees established by the board	48630
for such purposes as are necessary. Permanent or standing	48631
committees shall not be created.	48632

(O) Upon application from the board of education of a school	48633
district, the superintendent of public instruction may issue a	48634
waiver exempting the district from compliance with the standards	48635
adopted under divisions (B)(2) and (D) of this section, as they	48636
relate to the operation of a school operated by the district. The	48637
state board shall adopt standards for the approval or disapproval	48638
of waivers under this division. The state superintendent shall	48639
consider every application for a waiver, and shall determine	48640
whether to grant or deny a waiver in accordance with the state	48641
board's standards. For each waiver granted, the state	48642
superintendent shall specify the period of time during which the	48643
waiver is in effect, which shall not exceed five years. A district	48644
board may apply to renew a waiver.	48645

Sec. 3301.071. (A)(1) In the case of nontax-supported	48646
schools, standards for teacher certification prescribed under	48647
section 3301.07 of the Revised Code shall provide for	48648
certification, without further educational requirements, of any	48649
administrator, supervisor, or teacher who has attended and	48650
received a bachelor's degree from a college or university	48651
accredited by a national or regional association in the United	48652
States except that, at the discretion of the state board of	48653
education, this requirement may be met by having an equivalent	48654
degree from a foreign college or university of comparable	48655
standing.	48656

(2) In the case of nonchartered, nontax-supported schools,	48657
the standards for teacher certification prescribed under section	48658
3301.07 of the Revised Code shall provide for certification,	48659
without further educational requirements, of any administrator,	48660
supervisor, or teacher who has attended and received a diploma	48661
from a "bible college" or "bible institute" described in division	48662
(E) of section 1713.02 of the Revised Code.	48663

(3) A certificate issued under division (A)(3) of this	48664
section shall be valid only for teaching foreign language, music,	48665
religion, computer technology, or fine arts.	48666

Notwithstanding division (A)(1) of this section, the	48667
standards for teacher certification prescribed under section	48668
3301.07 of the Revised Code shall provide for certification of a	48669
person as a teacher upon receipt by the state board of an	48670
affidavit signed by the chief administrative officer of a	48671
chartered nonpublic school seeking to employ the person, stating	48672
that the person meets one of the following conditions:	48673

(a) The person has specialized knowledge, skills, or	48674
expertise that qualifies the person to provide instruction.	48675

(b) The person has provided to the chief administrative	48676
officer evidence of at least three years of teaching experience in	48677
a public or nonpublic school.	48678

(c) The person has provided to the chief administrative	48679
officer evidence of completion of a teacher training program named	48680
in the affidavit.	48681

(B) Each person applying for a certificate under this section	48682
for purposes of serving in a nonpublic school chartered by the	48683
state board under section 3301.16 of the Revised Code shall pay a	48684
fee in the amount established under division (A) of section	48685
3319.51 of the Revised Code. Any fees received under this division	48686
shall be paid into the state treasury to the credit of the state	48687
board of education certification fund established under division	48688
(B) of section 3319.51 of the Revised Code.	48689

(C) A person applying for or holding any certificate pursuant	48690
to this section for purposes of serving in a nonpublic school	48691
chartered by the state board is subject to sections 3123.41 to	48692
3123.50 of the Revised Code and any applicable rules adopted under	48693
section 3123.63 of the Revised Code and sections 3319.31 and	48694
3319.311 of the Revised Code.	48695

(D) Divisions (B) and (C) of this section and sections	48696
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply	48697
to any administrators, supervisors, or teachers in nonchartered,	48698
nontax-supported schools.	48699

Sec. 3301.079. (A)(1) Not later than June 30, 2010, and at	48700
~~least once every five years~~periodically thereafter, the state	48701
board of education shall adopt statewide academic standards with	48702
emphasis on coherence, focus, and rigor for each of grades	48703
kindergarten through twelve in English language arts, mathematics,	48704
science, and social studies.	48705

The standards shall specify the following:

48706

(a) The core academic content and skills that students are	48707
expected to know and be able to do at each grade level that will	48708
allow each student to be prepared for postsecondary instruction	48709
and the workplace for success in the twenty-first century;	48710

(b) ~~The development of skill sets as they relate to~~	48711
~~creativity and innovation, critical thinking and problem solving,~~	48712
~~and communication and collaboration;~~	48713

~~(c)~~ The development of skill sets that promote information,	48714
media, and technological literacy;	48715

~~(d) The development of skill sets that promote personal~~	48716
~~management, productivity and accountability, and leadership and~~	48717
~~responsibility;~~	48718

~~(e)~~(c) Interdisciplinary, project-based, real-world learning	48719
opportunities.	48720

(2) After completing the standards required by division	48721
(A)(1) of this section, the state board shall adopt standards and	48722
model curricula for instruction in ~~computer literacy~~technology,	48723
financial literacy and entrepreneurship, fine arts, and foreign	48724
language for grades kindergarten through twelve. The standards	48725
shall meet the same requirements prescribed in divisions (A)(1)(a)	48726
to ~~(e)~~(c) of this section.	48727

(3) The state board shall adopt the most recent standards	48728
developed by the national association for sport and physical	48729
education for physical education in grades kindergarten through	48730
twelve or shall adopt its own standards for physical education in	48731
those grades and revise and update them periodically.	48732

The department shall employ a full-time physical education	48733
coordinator to provide guidance and technical assistance to	48734
districts, community schools, and STEM schools in implementing the	48735
physical education standards adopted under this division. The	48736
superintendent of public instruction shall determine that the	48737
person employed as coordinator is qualified for the position, as	48738
demonstrated by possessing an adequate combination of education,	48739
license, and experience.	48740

(4) When academic standards have been completed for any	48741
subject area required by this section, the state board shall	48742
inform all school districts, all community schools established	48743
under Chapter 3314. of the Revised Code, all STEM schools	48744
established under Chapter 3326. of the Revised Code, and all	48745
nonpublic schools required to administer the assessments	48746
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	48747
of the content of those standards.	48748

(B) Not later than March 31, 2011, the state board shall	48749
adopt a model curriculum for instruction in each subject area for	48750
which updated academic standards are required by division (A)(1)	48751
of this section and for each of grades kindergarten through twelve	48752
that is sufficient to meet the needs of students in every	48753
community. The model curriculum shall be aligned with the	48754
standards, to ensure that the academic content and skills	48755
specified for each grade level are taught to students, and shall	48756
demonstrate vertical articulation and emphasize coherence, focus,	48757
and rigor. When any model curriculum has been completed, the state	48758
board shall inform all school districts, community schools, and	48759
STEM schools of the content of that model curriculum.	48760

All school districts, community schools, and STEM schools may	48761
utilize the state standards and the model curriculum established	48762
by the state board, together with other relevant resources,	48763
examples, or models to ensure that students have the opportunity	48764
to attain the academic standards. Upon request, the department of	48765
education shall provide technical assistance to any district,	48766
community school, or STEM school in implementing the model	48767
curriculum.	48768

Nothing in this section requires any school district to	48769
utilize all or any part of a model curriculum developed under this	48770
division.	48771

(C) The state board shall develop achievement assessments	48772
aligned with the academic standards and model curriculum for each	48773
of the subject areas and grade levels required by divisions (A)(1)	48774
and (B)(1) of section 3301.0710 of the Revised Code.	48775

When any achievement assessment has been completed, the state	48776
board shall inform all school districts, community schools, STEM	48777
schools, and nonpublic schools required to administer the	48778
assessment of its completion, and the department of education	48779
shall make the achievement assessment available to the districts	48780
and schools.	48781

(D)(1) The state board shall adopt a diagnostic assessment	48782
aligned with the academic standards and model curriculum for each	48783
of grades kindergarten through two in English language arts and	48784
mathematics and for grade three in English language arts. The	48785
diagnostic assessment shall be designed to measure student	48786
comprehension of academic content and mastery of related skills	48787
for the relevant subject area and grade level. Any diagnostic	48788
assessment shall not include components to identify gifted	48789
students. Blank copies of diagnostic assessments shall be public	48790
records.	48791

(2) When each diagnostic assessment has been completed, the	48792
state board shall inform all school districts of its completion	48793
and the department of education shall make the diagnostic	48794
assessment available to the districts at no cost to the district.	48795
School districts shall administer the diagnostic assessment	48796
pursuant to section 3301.0715 of the Revised Code beginning the	48797
first school year following the development of the assessment.	48798

(E) The state board shall not adopt a diagnostic or	48799
achievement assessment for any grade level or subject area other	48800
than those specified in this section.	48801

(F) Whenever the state board or the department of education	48802
consults with persons for the purpose of drafting or reviewing any	48803
standards, diagnostic assessments, achievement assessments, or	48804
model curriculum required under this section, the state board or	48805
the department shall first consult with parents of students in	48806
kindergarten through twelfth grade and with active Ohio classroom	48807
teachers, other school personnel, and administrators with	48808
expertise in the appropriate subject area. Whenever practicable,	48809
the state board and department shall consult with teachers	48810
recognized as outstanding in their fields.	48811

If the department contracts with more than one outside entity	48812
for the development of the achievement assessments required by	48813
this section, the department shall ensure the interchangeability	48814
of those assessments.	48815

(G) The fairness sensitivity review committee, established by	48816
rule of the state board of education, shall not allow any question	48817
on any achievement or diagnostic assessment developed under this	48818
section or any proficiency test prescribed by former section	48819
3301.0710 of the Revised Code, as it existed prior to September	48820
11, 2001, to include, be written to promote, or inquire as to	48821
individual moral or social values or beliefs. The decision of the	48822
committee shall be final. This section does not create a private	48823
cause of action.	48824

(H) Not later than forty-five days prior to the initial	48825
deadline established under division (A)(1) of this section and the	48826
deadline established under division (B) of this section, the	48827
superintendent of public instruction shall present the academic	48828
standards or model curricula, as applicable, to the respective	48829
committees of the house of representatives and senate that	48830
consider education legislation.	48831

(I) As used in this section:

48832

(1) "Coherence" means a reflection of the structure of the	48833
discipline being taught.	48834

(2) "Focus" means limiting the number of items included in a	48835
curriculum to allow for deeper exploration of the subject matter.	48836

(3) "Rigor" means more challenging and demanding when	48837
compared to international standards.	48838

(4) "Vertical articulation" means key academic concepts and	48839
skills associated with mastery in particular content areas should	48840
be articulated and reinforced in a developmentally appropriate	48841
manner at each grade level so that over time students acquire a	48842
depth of knowledge and understanding in the core academic	48843
disciplines.	48844

Sec. 3301.0710. The state board of education shall adopt	48845
rules establishing a statewide program to assess student	48846
achievement. The state board shall ensure that all assessments	48847
administered under the program are aligned with the academic	48848
standards and model curricula adopted by the state board and are	48849
created with input from Ohio parents, Ohio classroom teachers,	48850
Ohio school administrators, and other Ohio school personnel	48851
pursuant to section 3301.079 of the Revised Code.	48852

The assessment program shall be designed to ensure that	48853
students who receive a high school diploma demonstrate at least	48854
high school levels of achievement in English language arts,	48855
mathematics, science, and social studies~~, and other skills~~	48856
~~necessary in the twenty-first century~~.	48857

(A)(1) The state board shall prescribe all of the following:

48858

(a) Two statewide achievement assessments, one each designed	48859
to measure the level of English language arts and mathematics	48860
skill expected at the end of third grade;	48861

(b) Two statewide achievement assessments, one each designed	48862
to measure the level of English language arts and mathematics	48863
skill expected at the end of fourth grade;	48864

(c) Four statewide achievement assessments, one each designed	48865
to measure the level of English language arts, mathematics,	48866
science, and social studies skill expected at the end of fifth	48867
grade;	48868

(d) Two statewide achievement assessments, one each designed	48869
to measure the level of English language arts and mathematics	48870
skill expected at the end of sixth grade;	48871

(e) Two statewide achievement assessments, one each designed	48872
to measure the level of English language arts and mathematics	48873
skill expected at the end of seventh grade;	48874

(f) Four statewide achievement assessments, one each designed	48875
to measure the level of English language arts, mathematics,	48876
science, and social studies skill expected at the end of eighth	48877
grade.	48878

(2) The state board shall determine and designate at least	48879
three ranges of scores on each of the achievement assessments	48880
described in divisions (A)(1) and (B)(1) of this section. Each	48881
range of scores shall be deemed to demonstrate a level of	48882
achievement so that any student attaining a score within such	48883
range has achieved one of the following:	48884

(a) An advanced level of skill;

48885

(b) A proficient level of skill;

48886

48887

(B)(1) The assessments prescribed under division (B)(1) of	48888
this section shall collectively be known as the Ohio graduation	48889
tests. The state board shall prescribe five statewide high school	48890
achievement assessments, one each designed to measure the level of	48891
reading, writing, mathematics, science, and social studies skill	48892
expected at the end of tenth grade. The state board shall	48893
designate a score in at least the range designated under division	48894
(A)(2)(b) of this section on each such assessment that shall be	48895
deemed to be a passing score on the assessment as a condition	48896
toward granting high school diplomas under sections 3313.61,	48897
3313.611, 3313.612, and 3325.08 of the Revised Code until the	48898
assessment system prescribed by section 3301.0712 of the Revised	48899
Code is implemented in accordance with rules adopted by the state	48900
board under division ~~(E)~~(D) of that section.	48901

(2) The state board shall prescribe an assessment system in	48902
accordance with section 3301.0712 of the Revised Code that shall	48903
replace the Ohio graduation tests in the manner prescribed by	48904
rules adopted by the state board under division ~~(E)~~(D) of that	48905
section.	48906

(3) The state board may enter into a reciprocal agreement	48907
with the appropriate body or agency of any other state that has	48908
similar statewide achievement assessment requirements for	48909
receiving high school diplomas, under which any student who has	48910
met an achievement assessment requirement of one state is	48911
recognized as having met the similar requirement of the other	48912
state for purposes of receiving a high school diploma. For	48913
purposes of this section and sections 3301.0711 and 3313.61 of the	48914
Revised Code, any student enrolled in any public high school in	48915
this state who has met an achievement assessment requirement	48916
specified in a reciprocal agreement entered into under this	48917
division shall be deemed to have attained at least the applicable	48918
score designated under this division on each assessment required	48919
by division (B)(1) or (2) of this section that is specified in the	48920
agreement.	48921

(C) The superintendent of public instruction shall designate	48922
dates and times for the administration of the assessments	48923
prescribed by divisions (A) and (B) of this section.	48924

In prescribing administration dates pursuant to this	48925
division, the superintendent shall designate the dates in such a	48926
way as to allow a reasonable length of time between the	48927
administration of assessments prescribed under this section and	48928
any administration of the national assessment of educational	48929
progress given to students in the same grade level pursuant to	48930
section 3301.27 of the Revised Code or federal law.	48931

(D) The state board shall prescribe a practice version of	48932
each Ohio graduation test described in division (B)(1) of this	48933
section that is of comparable length to the actual test.	48934

(E) Any committee established by the department of education	48935
for the purpose of making recommendations to the state board	48936
regarding the state board's designation of scores on the	48937
assessments described by this section shall inform the state board	48938
of the probable percentage of students who would score in each of	48939
the ranges established under division (A)(2) of this section on	48940
the assessments if the committee's recommendations are adopted by	48941
the state board. To the extent possible, these percentages shall	48942
be disaggregated by gender, major racial and ethnic groups,	48943
limited English proficient students, economically disadvantaged	48944
students, students with disabilities, and migrant students.	48945

If the state board intends to make any change to the	48946
committee's recommendations, the state board shall explain the	48947
intended change to the Ohio accountability task force established	48948
by section 3302.021 of the Revised Code. The task force shall	48949
recommend whether the state board should proceed to adopt the	48950
intended change. Nothing in this division shall require the state	48951
board to designate assessment scores based upon the	48952
recommendations of the task force.	48953

Sec. 3301.0711. (A) The department of education shall:

48954

(1) Annually furnish to, grade, and score all assessments	48955
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	48956
the Revised Code to be administered by city, local, exempted	48957
village, and joint vocational school districts, except that each	48958
district shall score any assessment administered pursuant to	48959
division (B)(10) of this section. Each assessment so furnished	48960
shall include the data verification code of the student to whom	48961
the assessment will be administered, as assigned pursuant to	48962
division (D)(2) of section 3301.0714 of the Revised Code. In	48963
furnishing the practice versions of Ohio graduation tests	48964
prescribed by division (D) of section 3301.0710 of the Revised	48965
Code, the department shall make the tests available on its web	48966
site for reproduction by districts. In awarding contracts for	48967
grading assessments, the department shall give preference to	48968
Ohio-based entities employing Ohio residents.	48969

(2) Adopt rules for the ethical use of assessments and	48970
prescribing the manner in which the assessments prescribed by	48971
section 3301.0710 of the Revised Code shall be administered to	48972
students.	48973

(B) Except as provided in divisions (C) and (J) of this	48974
section, the board of education of each city, local, and exempted	48975
village school district shall, in accordance with rules adopted	48976
under division (A) of this section:	48977

(1) Administer the English language arts assessments	48978
prescribed under division (A)(1)(a) of section 3301.0710 of the	48979
Revised Code twice annually to all students in the third grade who	48980
have not attained the score designated for that assessment under	48981
division (A)(2)(b) of section 3301.0710 of the Revised Code.	48982

(2) Administer the mathematics assessment prescribed under	48983
division (A)(1)(a) of section 3301.0710 of the Revised Code at	48984
least once annually to all students in the third grade.	48985

(3) Administer the assessments prescribed under division	48986
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	48987
annually to all students in the fourth grade.	48988

(4) Administer the assessments prescribed under division	48989
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	48990
annually to all students in the fifth grade.	48991

(5) Administer the assessments prescribed under division	48992
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	48993
annually to all students in the sixth grade.	48994

(6) Administer the assessments prescribed under division	48995
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	48996
annually to all students in the seventh grade.	48997

(7) Administer the assessments prescribed under division	48998
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	48999
annually to all students in the eighth grade.	49000

(8) Except as provided in division (B)(9) of this section,	49001
administer any assessment prescribed under division (B)(1) of	49002
section 3301.0710 of the Revised Code as follows:	49003

(a) At least once annually to all tenth grade students and at	49004
least twice annually to all students in eleventh or twelfth grade	49005
who have not yet attained the score on that assessment designated	49006
under that division;	49007

(b) To any person who has successfully completed the	49008
curriculum in any high school or the individualized education	49009
program developed for the person by any high school pursuant to	49010
section 3323.08 of the Revised Code but has not received a high	49011
school diploma and who requests to take such assessment, at any	49012
time such assessment is administered in the district.	49013

(9) In lieu of the board of education of any city, local, or	49014
exempted village school district in which the student is also	49015
enrolled, the board of a joint vocational school district shall	49016
administer any assessment prescribed under division (B)(1) of	49017
section 3301.0710 of the Revised Code at least twice annually to	49018
any student enrolled in the joint vocational school district who	49019
has not yet attained the score on that assessment designated under	49020
that division. A board of a joint vocational school district may	49021
also administer such an assessment to any student described in	49022
division (B)(8)(b) of this section.	49023

(10) If the district has been declared to be under an	49024
academic watch or in a state of academic emergency pursuant to	49025
section 3302.03 of the Revised Code or has a three-year average	49026
graduation rate of not more than seventy-five per cent, administer	49027
each assessment prescribed by division (D) of section 3301.0710 of	49028
the Revised Code in September to all ninth grade students,	49029
beginning in the school year that starts July 1, 2005.	49030

Except as provided in section 3313.614 of the Revised Code	49031
for administration of an assessment to a person who has fulfilled	49032
the curriculum requirement for a high school diploma but has not	49033
passed one or more of the required assessments, the assessments	49034
prescribed under division (B)(1) of section 3301.0710 of the	49035
Revised Code and the practice assessments prescribed under	49036
division (D) of that section and required to be administered under	49037
divisions (B)(8), (9), and (10) of this section shall not be	49038
administered after the assessment system prescribed by division	49039
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	49040
Code is implemented under rule of the state board adopted under	49041
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	49042

(11) Administer the assessments prescribed by division (B)(2)	49043
of section 3301.0710 and section 3301.0712 of the Revised Code in	49044
accordance with the timeline and plan for implementation of those	49045
assessments prescribed by rule of the state board adopted under	49046
division ~~(E)~~(D)(1) of section 3301.0712 of the Revised Code.	49047

(C)(1)(a) ~~Any~~In the case of a student receiving special	49048
education services under Chapter 3323. of the Revised Code, the	49049
individualized education program developed for the student under	49050
that chapter shall specify the manner in which the student will	49051
participate in the assessments administered under this section.	49052
The individualized education program may ~~be excused~~excuse the	49053
student from taking any particular assessment required to be	49054
administered under this section if ~~the individualized education~~	49055
~~program developed for the student pursuant to section 3323.08 of~~	49056
~~the Revised Code excuses the student from taking that assessment~~	49057
~~and~~it instead specifies an alternate assessment method approved	49058
by the department of education as conforming to requirements of	49059
federal law for receipt of federal funds for disadvantaged pupils.	49060
To the extent possible, the individualized education program shall	49061
not excuse the student from taking an assessment unless no	49062
reasonable accommodation can be made to enable the student to take	49063
the assessment.	49064

(b) Any alternate assessment approved by the department for a	49065
student under this division shall produce measurable results	49066
comparable to those produced by the assessment it replaces in	49067
order to allow for the student's results to be included in the	49068
data compiled for a school district or building under section	49069
3302.03 of the Revised Code.	49070

(c) Any student enrolled in a chartered nonpublic school who	49071
has been identified, based on an evaluation conducted in	49072
accordance with section 3323.03 of the Revised Code or section 504	49073
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	49074
794, as amended, as a child with a disability shall be excused	49075
from taking any particular assessment required to be administered	49076
under this section if a plan developed for the student pursuant to	49077
rules adopted by the state board excuses the student from taking	49078
that assessment. In the case of any student so excused from taking	49079
an assessment, the chartered nonpublic school shall not prohibit	49080
the student from taking the assessment.	49081

(2) A district board may, for medical reasons or other good	49082
cause, excuse a student from taking an assessment administered	49083
under this section on the date scheduled, but that assessment	49084
shall be administered to the excused student not later than nine	49085
days following the scheduled date. The district board shall	49086
annually report the number of students who have not taken one or	49087
more of the assessments required by this section to the state	49088
board of education not later than the thirtieth day of June.	49089

(3) As used in this division, "limited English proficient	49090
student" has the same meaning as in 20 U.S.C. 7801.	49091

No school district board shall excuse any limited English	49092
proficient student from taking any particular assessment required	49093
to be administered under this section, except that any limited	49094
English proficient student who has been enrolled in United States	49095
schools for less than one full school year shall not be required	49096
to take any reading, writing, or English language arts assessment.	49097
However, no board shall prohibit a limited English proficient	49098
student who is not required to take an assessment under this	49099
division from taking the assessment. A board may permit any	49100
limited English proficient student to take an assessment required	49101
to be administered under this section with appropriate	49102
accommodations, as determined by the department. For each limited	49103
English proficient student, each school district shall annually	49104
assess that student's progress in learning English, in accordance	49105
with procedures approved by the department.	49106

The governing authority of a chartered nonpublic school may	49107
excuse a limited English proficient student from taking any	49108
assessment administered under this section. However, no governing	49109
authority shall prohibit a limited English proficient student from	49110
taking the assessment.	49111

(D)(1) In the school year next succeeding the school year in	49112
which the assessments prescribed by division (A)(1) or (B)(1) of	49113
section 3301.0710 of the Revised Code or former division (A)(1),	49114
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	49115
existed prior to September 11, 2001, are administered to any	49116
student, the board of education of any school district in which	49117
the student is enrolled in that year shall provide to the student	49118
intervention services commensurate with the student's performance,	49119
including any intensive intervention required under section	49120
3313.608 of the Revised Code, in any skill in which the student	49121
failed to demonstrate at least a score at the proficient level on	49122
the assessment.	49123

(2) Following any administration of the assessments	49124
prescribed by division (D) of section 3301.0710 of the Revised	49125
Code to ninth grade students, each school district that has a	49126
three-year average graduation rate of not more than seventy-five	49127
per cent shall determine for each high school in the district	49128
whether the school shall be required to provide intervention	49129
services to any students who took the assessments. In determining	49130
which high schools shall provide intervention services based on	49131
the resources available, the district shall consider each school's	49132
graduation rate and scores on the practice assessments. The	49133
district also shall consider the scores received by ninth grade	49134
students on the English language arts and mathematics assessments	49135
prescribed under division (A)(1)(f) of section 3301.0710 of the	49136
Revised Code in the eighth grade in determining which high schools	49137
shall provide intervention services.	49138

Each high school selected to provide intervention services	49139
under this division shall provide intervention services to any	49140
student whose results indicate that the student is failing to make	49141
satisfactory progress toward being able to attain scores at the	49142
proficient level on the Ohio graduation tests. Intervention	49143
services shall be provided in any skill in which a student	49144
demonstrates unsatisfactory progress and shall be commensurate	49145
with the student's performance. Schools shall provide the	49146
intervention services prior to the end of the school year, during	49147
the summer following the ninth grade, in the next succeeding	49148
school year, or at any combination of those times.	49149

(E) Except as provided in section 3313.608 of the Revised	49150
Code and division (M) of this section, no school district board of	49151
education shall utilize any student's failure to attain a	49152
specified score on an assessment administered under this section	49153
as a factor in any decision to deny the student promotion to a	49154
higher grade level. However, a district board may choose not to	49155
promote to the next grade level any student who does not take an	49156
assessment administered under this section or make up an	49157
assessment as provided by division (C)(2) of this section and who	49158
is not exempt from the requirement to take the assessment under	49159
division (C)(3) of this section.	49160

(F) No person shall be charged a fee for taking any	49161
assessment administered under this section.	49162

(G)(1) Each school district board shall designate one	49163
location for the collection of assessments administered in the	49164
spring under division (B)(1) of this section and those	49165
administered under divisions (B)(2) to (7) of this section. Each	49166
district board shall submit the assessments to the entity with	49167
which the department contracts for the scoring of the assessments	49168
as follows:	49169

(a) If the district's total enrollment in grades kindergarten	49170
through twelve during the first full school week of October was	49171
less than two thousand five hundred, not later than the Friday	49172
after all of the assessments have been administered;	49173

(b) If the district's total enrollment in grades kindergarten	49174
through twelve during the first full school week of October was	49175
two thousand five hundred or more, but less than seven thousand,	49176
not later than the Monday after all of the assessments have been	49177
administered;	49178

(c) If the district's total enrollment in grades kindergarten	49179
through twelve during the first full school week of October was	49180
seven thousand or more, not later than the Tuesday after all of	49181
the assessments have been administered.	49182

However, any assessment that a student takes during the	49183
make-up period described in division (C)(2) of this section shall	49184
be submitted not later than the Friday following the day the	49185
student takes the assessment.	49186

(2) The department or an entity with which the department	49187
contracts for the scoring of the assessment shall send to each	49188
school district board a list of the individual scores of all	49189
persons taking an assessment prescribed by division (A)(1) or	49190
(B)(1) of section 3301.0710 of the Revised Code within sixty days	49191
after its administration, but in no case shall the scores be	49192
returned later than the fifteenth day of June following the	49193
administration. For assessments administered under this section by	49194
a joint vocational school district, the department or entity shall	49195
also send to each city, local, or exempted village school district	49196
a list of the individual scores of any students of such city,	49197
local, or exempted village school district who are attending	49198
school in the joint vocational school district.	49199

(H) Individual scores on any assessments administered under	49200
this section shall be released by a district board only in	49201
accordance with section 3319.321 of the Revised Code and the rules	49202
adopted under division (A) of this section. No district board or	49203
its employees shall utilize individual or aggregate results in any	49204
manner that conflicts with rules for the ethical use of	49205
assessments adopted pursuant to division (A) of this section.	49206

(I) Except as provided in division (G) of this section, the	49207
department or an entity with which the department contracts for	49208
the scoring of the assessment shall not release any individual	49209
scores on any assessment administered under this section. The	49210
state board of education shall adopt rules to ensure the	49211
protection of student confidentiality at all times. The rules may	49212
require the use of the data verification codes assigned to	49213
students pursuant to division (D)(2) of section 3301.0714 of the	49214
Revised Code to protect the confidentiality of student scores.	49215

(J) Notwithstanding division (D) of section 3311.52 of the	49216
Revised Code, this section does not apply to the board of	49217
education of any cooperative education school district except as	49218
provided under rules adopted pursuant to this division.	49219

(1) In accordance with rules that the state board of	49220
education shall adopt, the board of education of any city,	49221
exempted village, or local school district with territory in a	49222
cooperative education school district established pursuant to	49223
divisions (A) to (C) of section 3311.52 of the Revised Code may	49224
enter into an agreement with the board of education of the	49225
cooperative education school district for administering any	49226
assessment prescribed under this section to students of the city,	49227
exempted village, or local school district who are attending	49228
school in the cooperative education school district.	49229

(2) In accordance with rules that the state board of	49230
education shall adopt, the board of education of any city,	49231
exempted village, or local school district with territory in a	49232
cooperative education school district established pursuant to	49233
section 3311.521 of the Revised Code shall enter into an agreement	49234
with the cooperative district that provides for the administration	49235
of any assessment prescribed under this section to both of the	49236
following:	49237

(a) Students who are attending school in the cooperative	49238
district and who, if the cooperative district were not	49239
established, would be entitled to attend school in the city,	49240
local, or exempted village school district pursuant to section	49241
3313.64 or 3313.65 of the Revised Code;	49242

(b) Persons described in division (B)(8)(b) of this section.

49243

Any assessment of students pursuant to such an agreement	49244
shall be in lieu of any assessment of such students or persons	49245
pursuant to this section.	49246

(K)(1) As a condition of compliance with section 3313.612 of	49247
the Revised Code, each chartered nonpublic school that educates	49248
students in grades nine through twelve shall administer the	49249
assessments prescribed by divisions (B)(1) and (2) of section	49250
3301.0710 of the Revised Code. Any chartered nonpublic school may	49251
participate in the assessment program by administering any of the	49252
assessments prescribed by division (A) of section 3301.0710 of the	49253
Revised Code. The chief administrator of the school shall specify	49254
which assessments the school will administer. Such specification	49255
shall be made in writing to the superintendent of public	49256
instruction prior to the first day of August of any school year in	49257
which assessments are administered and shall include a pledge that	49258
the nonpublic school will administer the specified assessments in	49259
the same manner as public schools are required to do under this	49260
section and rules adopted by the department.	49261

(2) The department of education shall furnish the assessments	49262
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	49263
to each chartered nonpublic school that participates under this	49264
division.	49265

(L)(1) The superintendent of the state school for the blind	49266
and the superintendent of the state school for the deaf shall	49267
administer the assessments described by sections 3301.0710 and	49268
3301.0712 of the Revised Code. Each superintendent shall	49269
administer the assessments in the same manner as district boards	49270
are required to do under this section and rules adopted by the	49271
department of education and in conformity with division (C)(1)(a)	49272
of this section.	49273

(2) The department of education shall furnish the assessments	49274
described by sections 3301.0710 and 3301.0712 of the Revised Code	49275
to each superintendent.	49276

(M) Notwithstanding division (E) of this section, a school	49277
district may use a student's failure to attain a score in at least	49278
the proficient range on the mathematics assessment described by	49279
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	49280
an assessment described by division (A)(1)(b), (c), (d), (e), or	49281
(f) of section 3301.0710 of the Revised Code as a factor in	49282
retaining that student in the current grade level.	49283

(N)(1) In the manner specified in divisions (N)(3) and (4) of	49284
this section, the assessments required by division (A)(1) of	49285
section 3301.0710 of the Revised Code shall become public records	49286
pursuant to section 149.43 of the Revised Code on the first day of	49287
July following the school year that the assessments were	49288
administered.	49289

(2) The department may field test proposed questions with	49290
samples of students to determine the validity, reliability, or	49291
appropriateness of questions for possible inclusion in a future	49292
year's assessment. The department also may use anchor questions on	49293
assessments to ensure that different versions of the same	49294
assessment are of comparable difficulty.	49295

Field test questions and anchor questions shall not be	49296
considered in computing scores for individual students. Field test	49297
questions and anchor questions may be included as part of the	49298
administration of any assessment required by division (A)(1) or	49299
(B)(1) of section 3301.0710 of the Revised Code.	49300

(3) Any field test question or anchor question administered	49301
under division (N)(2) of this section shall not be a public	49302
record. Such field test questions and anchor questions shall be	49303
redacted from any assessments which are released as a public	49304
record pursuant to division (N)(1) of this section.	49305

(4) This division applies to the assessments prescribed by	49306
division (A) of section 3301.0710 of the Revised Code.	49307

(a) The first administration of each assessment, as specified	49308
in former section 3301.0712 of the Revised Code, shall be a public	49309
record.	49310

(b) For subsequent administrations of each assessment prior	49311
to the 2011-2012 school year, not less than forty per cent of the	49312
questions on the assessment that are used to compute a student's	49313
score shall be a public record. The department shall determine	49314
which questions will be needed for reuse on a future assessment	49315
and those questions shall not be public records and shall be	49316
redacted from the assessment prior to its release as a public	49317
record. However, for each redacted question, the department shall	49318
inform each city, local, and exempted village school district of	49319
the statewide academic standard adopted by the state board of	49320
education under section 3301.079 of the Revised Code and the	49321
corresponding benchmark to which the question relates. The	49322
preceding sentence does not apply to field test questions that are	49323
redacted under division (N)(3) of this section.	49324

(c) The administrations of each assessment in the 2011-2012	49325
school year and later shall not be a public record.	49326

(5) Each assessment prescribed by division (B)(1) of section	49327
3301.0710 of the Revised Code shall not be a public record.	49328

(O) As used in this section:

49329

(1) "Three-year average" means the average of the most recent	49330
consecutive three school years of data.	49331

(2) "Dropout" means a student who withdraws from school	49332
before completing course requirements for graduation and who is	49333
not enrolled in an education program approved by the state board	49334
of education or an education program outside the state. "Dropout"	49335
does not include a student who has departed the country.	49336

(3) "Graduation rate" means the ratio of students receiving a	49337
diploma to the number of students who entered ninth grade four	49338
years earlier. Students who transfer into the district are added	49339
to the calculation. Students who transfer out of the district for	49340
reasons other than dropout are subtracted from the calculation. If	49341
a student who was a dropout in any previous year returns to the	49342
same school district, that student shall be entered into the	49343
calculation as if the student had entered ninth grade four years	49344
before the graduation year of the graduating class that the	49345
student joins.	49346

Sec. 3301.0712. (A) The state board of education, the	49347
superintendent of public instruction, and the chancellor of the	49348
Ohio board of regents shall develop a system of college and work	49349
ready assessments as described in divisions (B)(1) ~~to (3)~~and (2)	49350
of this section to assess whether each student upon graduating	49351
from high school is ready to enter college or the workforce. The	49352
system shall replace the Ohio graduation tests prescribed in	49353
division (B)(1) of section 3301.0710 of the Revised Code as a	49354
measure of student academic performance and a prerequisite for	49355
eligibility for a high school diploma in the manner prescribed by	49356
rule of the state board adopted under division ~~(E)~~(D) of this	49357
section.	49358

(B) The college and work ready assessment system shall	49359
consist of the following:	49360

(1) A nationally standardized assessment that measures	49361
~~competencies in science, mathematics, and English language arts~~	49362
college and career readiness selected jointly by the state	49363
superintendent and the chancellor.	49364

(2) A series of end-of-course examinations in the areas of	49365
science, mathematics, English language arts, and social studies	49366
selected jointly by the state superintendent and the chancellor in	49367
consultation with faculty in the appropriate subject areas at	49368
institutions of higher education of the university system of Ohio.	49369
For each subject area, the state superintendent and chancellor	49370
shall select multiple assessments that school districts, public	49371
schools, and chartered nonpublic schools may use as end-of-course	49372
examinations. Those assessments shall include nationally	49373
recognized subject area assessments, such as advanced placement	49374
examinations, SAT subject tests, international baccalaureate	49375
examinations, and other assessments of college and work readiness.	49376
Any district or school that offers an interdisciplinary course may	49377
develop and use its own assessment as an end-of-course examination	49378
for that course, upon approval of the assessment by the state	49379
superintendent.	49380

~~(3) A senior project completed by a student or a group of~~	49381
~~students. The purpose of the senior project is to assess the~~	49382
~~student's:~~	49383

~~(a) Mastery of core knowledge in a subject area chosen by the~~	49384
~~student;~~	49385

~~(b) Written and verbal communication skills;~~

49386

~~(c) Critical thinking and problem-solving skills;~~

49387

~~(d) Real-world and interdisciplinary learning;~~

49388

~~(e) Creative and innovative thinking;~~

49389

~~(f) Acquired technology, information, and media skills;~~

49390

~~(g) Personal management skills such as self-direction, time~~	49391
~~management, work ethic, enthusiasm, and the desire to produce a~~	49392
~~high quality product.~~	49393

~~The state superintendent and the chancellor jointly shall~~	49394
~~develop standards for the senior project for students~~	49395
~~participating in dual enrollment programs.~~	49396

(C)~~(1) The state superintendent and the chancellor jointly~~	49397
~~shall designate the scoring rubrics and the required overall~~	49398
~~composite score for the assessment system to assess whether each~~	49399
~~student is college or work ready.~~	49400

~~(2) Each senior project shall be judged by the student's high~~	49401
~~school in accordance with rubrics designated by the state~~	49402
~~superintendent and the chancellor.~~	49403

~~(D)~~ Not later than thirty days after the state board adopts	49404
the model curricula required by division (B) of section 3301.079	49405
of the Revised Code, the state board shall convene a group of	49406
national experts, state experts, and local practitioners to	49407
provide advice, guidance, and recommendations for the alignment of	49408
standards and model curricula to the assessments and in the design	49409
of the end-of-course examinations ~~and scoring rubrics~~ prescribed	49410
by this section.	49411

~~(E)~~(D) Upon completion of the development of the assessment	49412
system, the state board shall adopt rules prescribing all of the	49413
following:	49414

(1) A timeline and plan for implementation of the assessment	49415
system, including a phased implementation if the state board	49416
determines such a phase-in is warranted;	49417

(2) The date after which a person entering ninth grade shall	49418
~~attain at least the composite score for~~meet the requirements of	49419
the entire assessment system as a prerequisite for a high school	49420
diploma under ~~sections~~section 3313.61, 3313.612, or 3325.08 of	49421
the Revised Code;	49422

(3) The date after which a person shall ~~attain at least the~~	49423
~~composite score for~~meet the requirements of the entire assessment	49424
system as a prerequisite for a diploma of adult education under	49425
section 3313.611 of the Revised Code;	49426

(4) Whether and the extent to which a person may be excused	49427
from a social studies end-of-course examination under division (H)	49428
of section 3313.61 and division (B)(2) of section 3313.612 of the	49429
Revised Code;	49430

(5) The date after which a person who has fulfilled the	49431
curriculum requirement for a diploma but has not passed one or	49432
more of the required assessments at the time the person fulfilled	49433
the curriculum requirement shall ~~attain at least the composite~~	49434
~~score for~~meet the requirements of the entire assessment system as	49435
a prerequisite for a high school diploma under division (B) of	49436
section 3313.614 of the Revised Code;	49437

(6) The extent to which the assessment system applies to	49438
students enrolled in a dropout recovery and prevention program for	49439
purposes of division (F) of section 3313.603 and section 3314.36	49440
of the Revised Code.	49441

No rule adopted under this division shall be effective	49442
earlier than one year after the date the rule is filed in final	49443
form pursuant to Chapter 119. of the Revised Code.	49444

~~(F)~~(E) Not later than forty-five days prior to the state	49445
board's adoption of a resolution directing the department of	49446
education to file the rules prescribed by division ~~(E)~~(D) of this	49447
section in final form under section 119.04 of the Revised Code,	49448
the superintendent of public instruction shall present the	49449
assessment system developed under this section to the respective	49450
committees of the house of representatives and senate that	49451
consider education legislation.	49452

Sec. 3301.0714. (A) The state board of education shall adopt	49453
rules for a statewide education management information system. The	49454
rules shall require the state board to establish guidelines for	49455
the establishment and maintenance of the system in accordance with	49456
this section and the rules adopted under this section. The	49457
guidelines shall include:	49458

(1) Standards identifying and defining the types of data in	49459
the system in accordance with divisions (B) and (C) of this	49460
section;	49461

(2) Procedures for annually collecting and reporting the data	49462
to the state board in accordance with division (D) of this	49463
section;	49464

(3) Procedures for annually compiling the data in accordance	49465
with division (G) of this section;	49466

(4) Procedures for annually reporting the data to the public	49467
in accordance with division (H) of this section.	49468

(B) The guidelines adopted under this section shall require	49469
the data maintained in the education management information system	49470
to include at least the following:	49471

(1) Student participation and performance data, for each	49472
grade in each school district as a whole and for each grade in	49473
each school building in each school district, that includes:	49474

(a) The numbers of students receiving each category of	49475
instructional service offered by the school district, such as	49476
regular education instruction, vocational education instruction,	49477
specialized instruction programs or enrichment instruction that is	49478
part of the educational curriculum, instruction for gifted	49479
students, instruction for students with disabilities, and remedial	49480
instruction. The guidelines shall require instructional services	49481
under this division to be divided into discrete categories if an	49482
instructional service is limited to a specific subject, a specific	49483
type of student, or both, such as regular instructional services	49484
in mathematics, remedial reading instructional services,	49485
instructional services specifically for students gifted in	49486
mathematics or some other subject area, or instructional services	49487
for students with a specific type of disability. The categories of	49488
instructional services required by the guidelines under this	49489
division shall be the same as the categories of instructional	49490
services used in determining cost units pursuant to division	49491
(C)(3) of this section.	49492

(b) The numbers of students receiving support or	49493
extracurricular services for each of the support services or	49494
extracurricular programs offered by the school district, such as	49495
counseling services, health services, and extracurricular sports	49496
and fine arts programs. The categories of services required by the	49497
guidelines under this division shall be the same as the categories	49498
of services used in determining cost units pursuant to division	49499
(C)(4)(a) of this section.	49500

(c) Average student grades in each subject in grades nine	49501
through twelve;	49502

(d) Academic achievement levels as assessed under sections	49503
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	49504

(e) The number of students designated as having a disabling	49505
condition pursuant to division (C)(1) of section 3301.0711 of the	49506
Revised Code;	49507

(f) The numbers of students reported to the state board	49508
pursuant to division (C)(2) of section 3301.0711 of the Revised	49509
Code;	49510

(g) Attendance rates and the average daily attendance for the	49511
year. For purposes of this division, a student shall be counted as	49512
present for any field trip that is approved by the school	49513
administration.	49514

(h) Expulsion rates;

49515

(i) Suspension rates;

49516

(j) Dropout rates;

49517

(k) Rates of retention in grade;

49518

(l) For pupils in grades nine through twelve, the average	49519
number of carnegie units, as calculated in accordance with state	49520
board of education rules;	49521

(m) Graduation rates, to be calculated in a manner specified	49522
by the department of education that reflects the rate at which	49523
students who were in the ninth grade three years prior to the	49524
current year complete school and that is consistent with	49525
nationally accepted reporting requirements;	49526

(n) Results of diagnostic assessments administered to	49527
kindergarten students as required under section 3301.0715 of the	49528
Revised Code to permit a comparison of the academic readiness of	49529
kindergarten students. However, no district shall be required to	49530
report to the department the results of any diagnostic assessment	49531
administered to a kindergarten student if the parent of that	49532
student requests the district not to report those results.	49533

(2) Personnel and classroom enrollment data for each school	49534
district, including:	49535

(a) The total numbers of licensed employees and nonlicensed	49536
employees and the numbers of full-time equivalent licensed	49537
employees and nonlicensed employees providing each category of	49538
instructional service, instructional support service, and	49539
administrative support service used pursuant to division (C)(3) of	49540
this section. The guidelines adopted under this section shall	49541
require these categories of data to be maintained for the school	49542
district as a whole and, wherever applicable, for each grade in	49543
the school district as a whole, for each school building as a	49544
whole, and for each grade in each school building.	49545

(b) The total number of employees and the number of full-time	49546
equivalent employees providing each category of service used	49547
pursuant to divisions (C)(4)(a) and (b) of this section, and the	49548
total numbers of licensed employees and nonlicensed employees and	49549
the numbers of full-time equivalent licensed employees and	49550
nonlicensed employees providing each category used pursuant to	49551
division (C)(4)(c) of this section. The guidelines adopted under	49552
this section shall require these categories of data to be	49553
maintained for the school district as a whole and, wherever	49554
applicable, for each grade in the school district as a whole, for	49555
each school building as a whole, and for each grade in each school	49556
building.	49557

(c) The total number of regular classroom teachers teaching	49558
classes of regular education and the average number of pupils	49559
enrolled in each such class, in each of grades kindergarten	49560
through five in the district as a whole and in each school	49561
building in the school district.	49562

(d) The number of lead teachers employed by each school	49563
district and each school building.	49564

(3)(a) Student demographic data for each school district,	49565
including information regarding the gender ratio of the school	49566
district's pupils, the racial make-up of the school district's	49567
pupils, the number of limited English proficient students in the	49568
district, and an appropriate measure of the number of the school	49569
district's pupils who reside in economically disadvantaged	49570
households. The demographic data shall be collected in a manner to	49571
allow correlation with data collected under division (B)(1) of	49572
this section. Categories for data collected pursuant to division	49573
(B)(3) of this section shall conform, where appropriate, to	49574
standard practices of agencies of the federal government.	49575

(b) With respect to each student entering kindergarten,	49576
whether the student previously participated in a public preschool	49577
program, a private preschool program, or a head start program, and	49578
the number of years the student participated in each of these	49579
programs.	49580

(4) Any data required to be collected pursuant to federal	49581
law.	49582

(C) The education management information system shall include	49583
cost accounting data for each district as a whole and for each	49584
school building in each school district. The guidelines adopted	49585
under this section shall require the cost data for each school	49586
district to be maintained in a system of mutually exclusive cost	49587
units and shall require all of the costs of each school district	49588
to be divided among the cost units. The guidelines shall require	49589
the system of mutually exclusive cost units to include at least	49590
the following:	49591

(1) Administrative costs for the school district as a whole.	49592
The guidelines shall require the cost units under this division	49593
(C)(1) to be designed so that each of them may be compiled and	49594
reported in terms of average expenditure per pupil in formula ADM	49595
in the school district, as determined pursuant to section 3317.03	49596
of the Revised Code.	49597

(2) Administrative costs for each school building in the	49598
school district. The guidelines shall require the cost units under	49599
this division (C)(2) to be designed so that each of them may be	49600
compiled and reported in terms of average expenditure per	49601
full-time equivalent pupil receiving instructional or support	49602
services in each building.	49603

(3) Instructional services costs for each category of	49604
instructional service provided directly to students and required	49605
by guidelines adopted pursuant to division (B)(1)(a) of this	49606
section. The guidelines shall require the cost units under	49607
division (C)(3) of this section to be designed so that each of	49608
them may be compiled and reported in terms of average expenditure	49609
per pupil receiving the service in the school district as a whole	49610
and average expenditure per pupil receiving the service in each	49611
building in the school district and in terms of a total cost for	49612
each category of service and, as a breakdown of the total cost, a	49613
cost for each of the following components:	49614

(a) The cost of each instructional services category required	49615
by guidelines adopted under division (B)(1)(a) of this section	49616
that is provided directly to students by a classroom teacher;	49617

(b) The cost of the instructional support services, such as	49618
services provided by a speech-language pathologist, classroom	49619
aide, multimedia aide, or librarian, provided directly to students	49620
in conjunction with each instructional services category;	49621

(c) The cost of the administrative support services related	49622
to each instructional services category, such as the cost of	49623
personnel that develop the curriculum for the instructional	49624
services category and the cost of personnel supervising or	49625
coordinating the delivery of the instructional services category.	49626

(4) Support or extracurricular services costs for each	49627
category of service directly provided to students and required by	49628
guidelines adopted pursuant to division (B)(1)(b) of this section.	49629
The guidelines shall require the cost units under division (C)(4)	49630
of this section to be designed so that each of them may be	49631
compiled and reported in terms of average expenditure per pupil	49632
receiving the service in the school district as a whole and	49633
average expenditure per pupil receiving the service in each	49634
building in the school district and in terms of a total cost for	49635
each category of service and, as a breakdown of the total cost, a	49636
cost for each of the following components:	49637

(a) The cost of each support or extracurricular services	49638
category required by guidelines adopted under division (B)(1)(b)	49639
of this section that is provided directly to students by a	49640
licensed employee, such as services provided by a guidance	49641
counselor or any services provided by a licensed employee under a	49642
supplemental contract;	49643

(b) The cost of each such services category provided directly	49644
to students by a nonlicensed employee, such as janitorial	49645
services, cafeteria services, or services of a sports trainer;	49646

(c) The cost of the administrative services related to each	49647
services category in division (C)(4)(a) or (b) of this section,	49648
such as the cost of any licensed or nonlicensed employees that	49649
develop, supervise, coordinate, or otherwise are involved in	49650
administering or aiding the delivery of each services category.	49651

(D)(1) The guidelines adopted under this section shall	49652
require school districts to collect information about individual	49653
students, staff members, or both in connection with any data	49654
required by division (B) or (C) of this section or other reporting	49655
requirements established in the Revised Code. The guidelines may	49656
also require school districts to report information about	49657
individual staff members in connection with any data required by	49658
division (B) or (C) of this section or other reporting	49659
requirements established in the Revised Code. The guidelines shall	49660
not authorize school districts to request social security numbers	49661
of individual students. The guidelines shall prohibit the	49662
reporting under this section of a student's name, address, and	49663
social security number to the state board of education or the	49664
department of education. The guidelines shall also prohibit the	49665
reporting under this section of any personally identifiable	49666
information about any student, except for the purpose of assigning	49667
the data verification code required by division (D)(2) of this	49668
section, to any other person unless such person is employed by the	49669
school district or the information technology center operated	49670
under section 3301.075 of the Revised Code and is authorized by	49671
the district or technology center to have access to such	49672
information or is employed by an entity with which the department	49673
contracts for the scoring of assessments administered under	49674
section 3301.0711 of the Revised Code. The guidelines may require	49675
school districts to provide the social security numbers of	49676
individual staff members.	49677

(2) The guidelines shall provide for each school district or	49678
community school to assign a data verification code that is unique	49679
on a statewide basis over time to each student whose initial Ohio	49680
enrollment is in that district or school and to report all	49681
required individual student data for that student utilizing such	49682
code. The guidelines shall also provide for assigning data	49683
verification codes to all students enrolled in districts or	49684
community schools on the effective date of the guidelines	49685
established under this section.	49686

Individual student data shall be reported to the department	49687
through the information technology centers utilizing the code but,	49688
except as provided in sections 3310.11, 3310.42, 3313.978,	49689
3310.63, and 3317.20 of the Revised Code, at no time shall the	49690
state board or the department have access to information that	49691
would enable any data verification code to be matched to	49692
personally identifiable student data.	49693

Each school district shall ensure that the data verification	49694
code is included in the student's records reported to any	49695
subsequent school district, community school, or state institution	49696
of higher education, as defined in section 3345.011 of the Revised	49697
Code, in which the student enrolls. Any such subsequent district	49698
or school shall utilize the same identifier in its reporting of	49699
data under this section.	49700

The director of health shall request and receive, pursuant to	49701
sections 3301.0723 and 3701.62 of the Revised Code, a data	49702
verification code for a child who is receiving services under	49703
division (A)(2) of section 3701.61 of the Revised Code.	49704

(E) The guidelines adopted under this section may require	49705
school districts to collect and report data, information, or	49706
reports other than that described in divisions (A), (B), and (C)	49707
of this section for the purpose of complying with other reporting	49708
requirements established in the Revised Code. The other data,	49709
information, or reports may be maintained in the education	49710
management information system but are not required to be compiled	49711
as part of the profile formats required under division (G) of this	49712
section or the annual statewide report required under division (H)	49713
of this section.	49714

(F) Beginning with the school year that begins July 1, 1991,	49715
the board of education of each school district shall annually	49716
collect and report to the state board, in accordance with the	49717
guidelines established by the board, the data required pursuant to	49718
this section. A school district may collect and report these data	49719
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	49720

(G) The state board shall, in accordance with the procedures	49721
it adopts, annually compile the data reported by each school	49722
district pursuant to division (D) of this section. The state board	49723
shall design formats for profiling each school district as a whole	49724
and each school building within each district and shall compile	49725
the data in accordance with these formats. These profile formats	49726
shall:	49727

(1) Include all of the data gathered under this section in a	49728
manner that facilitates comparison among school districts and	49729
among school buildings within each school district;	49730

(2) Present the data on academic achievement levels as	49731
assessed by the testing of student achievement maintained pursuant	49732
to division (B)(1)(d) of this section.	49733

(H)(1) The state board shall, in accordance with the	49734
procedures it adopts, annually prepare a statewide report for all	49735
school districts and the general public that includes the profile	49736
of each of the school districts developed pursuant to division (G)	49737
of this section. Copies of the report shall be sent to each school	49738
district.	49739

(2) The state board shall, in accordance with the procedures	49740
it adopts, annually prepare an individual report for each school	49741
district and the general public that includes the profiles of each	49742
of the school buildings in that school district developed pursuant	49743
to division (G) of this section. Copies of the report shall be	49744
sent to the superintendent of the district and to each member of	49745
the district board of education.	49746

(3) Copies of the reports received from the state board under	49747
divisions (H)(1) and (2) of this section shall be made available	49748
to the general public at each school district's offices. Each	49749
district board of education shall make copies of each report	49750
available to any person upon request and payment of a reasonable	49751
fee for the cost of reproducing the report. The board shall	49752
annually publish in a newspaper of general circulation in the	49753
school district, at least twice during the two weeks prior to the	49754
week in which the reports will first be available, a notice	49755
containing the address where the reports are available and the	49756
date on which the reports will be available.	49757

(I) Any data that is collected or maintained pursuant to this	49758
section and that identifies an individual pupil is not a public	49759
record for the purposes of section 149.43 of the Revised Code.	49760

(J) As used in this section:

49761

(1) "School district" means any city, local, exempted	49762
village, or joint vocational school district and, in accordance	49763
with section 3314.17 of the Revised Code, any community school. As	49764
used in division (L) of this section, "school district" also	49765
includes any educational service center or other educational	49766
entity required to submit data using the system established under	49767
this section.	49768

(2) "Cost" means any expenditure for operating expenses made	49769
by a school district excluding any expenditures for debt	49770
retirement except for payments made to any commercial lending	49771
institution for any loan approved pursuant to section 3313.483 of	49772
the Revised Code.	49773

(K) Any person who removes data from the information system	49774
established under this section for the purpose of releasing it to	49775
any person not entitled under law to have access to such	49776
information is subject to section 2913.42 of the Revised Code	49777
prohibiting tampering with data.	49778

(L)(1) In accordance with division (L)(2) of this section and	49779
the rules adopted under division (L)(10) of this section, the	49780
department of education may sanction any school district that	49781
reports incomplete or inaccurate data, reports data that does not	49782
conform to data requirements and descriptions published by the	49783
department, fails to report data in a timely manner, or otherwise	49784
does not make a good faith effort to report data as required by	49785
this section.	49786

(2) If the department decides to sanction a school district	49787
under this division, the department shall take the following	49788
sequential actions:	49789

(a) Notify the district in writing that the department has	49790
determined that data has not been reported as required under this	49791
section and require the district to review its data submission and	49792
submit corrected data by a deadline established by the department.	49793
The department also may require the district to develop a	49794
corrective action plan, which shall include provisions for the	49795
district to provide mandatory staff training on data reporting	49796
procedures.	49797

(b) Withhold up to ten per cent of the total amount of state	49798
funds due to the district for the current fiscal year and, if not	49799
previously required under division (L)(2)(a) of this section,	49800
require the district to develop a corrective action plan in	49801
accordance with that division;	49802

(c) Withhold an additional amount of up to twenty per cent of	49803
the total amount of state funds due to the district for the	49804
current fiscal year;	49805

(d) Direct department staff or an outside entity to	49806
investigate the district's data reporting practices and make	49807
recommendations for subsequent actions. The recommendations may	49808
include one or more of the following actions:	49809

(i) Arrange for an audit of the district's data reporting	49810
practices by department staff or an outside entity;	49811

(ii) Conduct a site visit and evaluation of the district;

49812

(iii) Withhold an additional amount of up to thirty per cent	49813
of the total amount of state funds due to the district for the	49814
current fiscal year;	49815

(iv) Continue monitoring the district's data reporting;

49816

(v) Assign department staff to supervise the district's data	49817
management system;	49818

(vi) Conduct an investigation to determine whether to suspend	49819
or revoke the license of any district employee in accordance with	49820
division (N) of this section;	49821

(vii) If the district is issued a report card under section	49822
3302.03 of the Revised Code, indicate on the report card that the	49823
district has been sanctioned for failing to report data as	49824
required by this section;	49825

(viii) If the district is issued a report card under section	49826
3302.03 of the Revised Code and incomplete or inaccurate data	49827
submitted by the district likely caused the district to receive a	49828
higher performance rating than it deserved under that section,	49829
issue a revised report card for the district;	49830

(ix) Any other action designed to correct the district's data	49831
reporting problems.	49832

(3) Any time the department takes an action against a school	49833
district under division (L)(2) of this section, the department	49834
shall make a report of the circumstances that prompted the action.	49835
The department shall send a copy of the report to the district	49836
superintendent or chief administrator and maintain a copy of the	49837
report in its files.	49838

(4) If any action taken under division (L)(2) of this section	49839
resolves a school district's data reporting problems to the	49840
department's satisfaction, the department shall not take any	49841
further actions described by that division. If the department	49842
withheld funds from the district under that division, the	49843
department may release those funds to the district, except that if	49844
the department withheld funding under division (L)(2)(c) of this	49845
section, the department shall not release the funds withheld under	49846
division (L)(2)(b) of this section and, if the department withheld	49847
funding under division (L)(2)(d) of this section, the department	49848
shall not release the funds withheld under division (L)(2)(b) or	49849
(c) of this section.	49850

(5) Notwithstanding anything in this section to the contrary,	49851
the department may use its own staff or an outside entity to	49852
conduct an audit of a school district's data reporting practices	49853
any time the department has reason to believe the district has not	49854
made a good faith effort to report data as required by this	49855
section. If any audit conducted by an outside entity under	49856
division (L)(2)(d)(i) or (5) of this section confirms that a	49857
district has not made a good faith effort to report data as	49858
required by this section, the district shall reimburse the	49859
department for the full cost of the audit. The department may	49860
withhold state funds due to the district for this purpose.	49861

(6) Prior to issuing a revised report card for a school	49862
district under division (L)(2)(d)(viii) of this section, the	49863
department may hold a hearing to provide the district with an	49864
opportunity to demonstrate that it made a good faith effort to	49865
report data as required by this section. The hearing shall be	49866
conducted by a referee appointed by the department. Based on the	49867
information provided in the hearing, the referee shall recommend	49868
whether the department should issue a revised report card for the	49869
district. If the referee affirms the department's contention that	49870
the district did not make a good faith effort to report data as	49871
required by this section, the district shall bear the full cost of	49872
conducting the hearing and of issuing any revised report card.	49873

(7) If the department determines that any inaccurate data	49874
reported under this section caused a school district to receive	49875
excess state funds in any fiscal year, the district shall	49876
reimburse the department an amount equal to the excess funds, in	49877
accordance with a payment schedule determined by the department.	49878
The department may withhold state funds due to the district for	49879
this purpose.	49880

(8) Any school district that has funds withheld under	49881
division (L)(2) of this section may appeal the withholding in	49882
accordance with Chapter 119. of the Revised Code.	49883

(9) In all cases of a disagreement between the department and	49884
a school district regarding the appropriateness of an action taken	49885
under division (L)(2) of this section, the burden of proof shall	49886
be on the district to demonstrate that it made a good faith effort	49887
to report data as required by this section.	49888

(10) The state board of education shall adopt rules under	49889
Chapter 119. of the Revised Code to implement division (L) of this	49890
section.	49891

(M) No information technology center or school district shall	49892
acquire, change, or update its student administration software	49893
package to manage and report data required to be reported to the	49894
department unless it converts to a student software package that	49895
is certified by the department.	49896

(N) The state board of education, in accordance with sections	49897
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	49898
license as defined under division (A) of section 3319.31 of the	49899
Revised Code that has been issued to any school district employee	49900
found to have willfully reported erroneous, inaccurate, or	49901
incomplete data to the education management information system.	49902

(O) No person shall release or maintain any information about	49903
any student in violation of this section. Whoever violates this	49904
division is guilty of a misdemeanor of the fourth degree.	49905

(P) The department shall disaggregate the data collected	49906
under division (B)(1)(n) of this section according to the race and	49907
socioeconomic status of the students assessed. No data collected	49908
under that division shall be included on the report cards required	49909
by section 3302.03 of the Revised Code.	49910

(Q) If the department cannot compile any of the information	49911
required by division (C)(5) of section 3302.03 of the Revised Code	49912
based upon the data collected under this section, the department	49913
shall develop a plan and a reasonable timeline for the collection	49914
of any data necessary to comply with that division.	49915

Sec. 3301.16. Pursuant to standards prescribed by the state	49916
board of education as provided in division (D) of section 3301.07	49917
of the Revised Code, the state board shall classify and charter	49918
school districts and individual schools within each district	49919
except that no charter shall be granted to a nonpublic school	49920
unless the school complies with section 3313.612 of the Revised	49921
Code.	49922

In the course of considering the charter of a new school	49923
district created under section 3311.26 or 3311.38 of the Revised	49924
Code, the state board shall require the party proposing creation	49925
of the district to submit to the board a map, certified by the	49926
county auditor of the county in which the proposed new district is	49927
located, showing the boundaries of the proposed new district. In	49928
the case of a proposed new district located in more than one	49929
county, the map shall be certified by the county auditor of each	49930
county in which the proposed district is located.	49931

The state board shall revoke the charter of any school	49932
district or school which fails to meet the standards for	49933
elementary and high schools as prescribed by the board. The state	49934
board shall also revoke the charter of any nonpublic school that	49935
does not comply with section 3313.612 of the Revised Code. ~~The~~	49936
~~state board may revoke the charter of any school district that~~	49937
~~fails to meet the operating standards established under division~~	49938
~~(D)(3) of section 3301.07 of the Revised Code.~~	49939

In the issuance and revocation of school district or school	49940
charters, the state board shall be governed by the provisions of	49941
Chapter 119. of the Revised Code.	49942

No school district, or individual school operated by a school	49943
district, shall operate without a charter issued by the state	49944
board under this section.	49945

In case a school district charter is revoked pursuant to this	49946
section, the state board may dissolve the school district and	49947
transfer its territory to one or more adjacent districts. An	49948
equitable division of the funds, property, and indebtedness of the	49949
school district shall be made by the state board among the	49950
receiving districts. The board of education of a receiving	49951
district shall accept such territory pursuant to the order of the	49952
state board. Prior to dissolving the school district, the state	49953
board shall notify the appropriate educational service center	49954
governing board and all adjacent school district boards of	49955
education of its intention to do so. Boards so notified may make	49956
recommendations to the state board regarding the proposed	49957
dissolution and subsequent transfer of territory. Except as	49958
provided in section 3301.161 of the Revised Code, the transfer	49959
ordered by the state board shall become effective on the date	49960
specified by the state board, but the date shall be at least	49961
thirty days following the date of issuance of the order.	49962

A high school is one of higher grade than an elementary	49963
school, in which instruction and training are given in accordance	49964
with sections 3301.07 and 3313.60 of the Revised Code and which	49965
also offers other subjects of study more advanced than those	49966
taught in the elementary schools and such other subjects as may be	49967
approved by the state board of education.	49968

An elementary school is one in which instruction and training	49969
are given in accordance with sections 3301.07 and 3313.60 of the	49970
Revised Code and which offers such other subjects as may be	49971
approved by the state board of education. In districts wherein a	49972
junior high school is maintained, the elementary schools in that	49973
district may be considered to include only the work of the first	49974
six school years inclusive, plus the kindergarten year.	49975

~~A high school or an elementary school may consist of less~~	49976
~~than one or more than one organizational unit, as defined in~~	49977
~~sections 3306.02 and 3306.04 of the Revised Code.~~	49978

Sec. 3301.162. (A) If the governing authority of a chartered	49979
nonpublic school intends to close the school, the governing	49980
authority shall notify all of the following of that intent prior	49981
to closing the school:	49982

(1) The department of education;

49983

(2) The school district that receives auxiliary services	49984
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	49985
Code on behalf of the students enrolled in the school;	49986

(3) The accrediting association that most recently accredited	49987
the school for purposes of chartering the school in accordance	49988
with the rules of the state board of education, if applicable.	49989

The notice shall include the school year and, if possible,	49990
the actual date the school will close.	49991

(B) The chief administrator of each chartered nonpublic	49992
school that closes shall deposit the school's records with either:	49993

(1) The accrediting association that most recently accredited	49994
the school for purposes of chartering the school in accordance	49995
with the rules of the state board, if applicable;	49996

(2) The school district that received auxiliary services	49997
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	49998
Code on behalf of the students enrolled in the school.	49999

The school district that receives the records may charge for	50000
and receive a one-time reimbursement from auxiliary services	50001
funding under division ~~(I)~~(E) of section 3317.024 of the Revised	50002
Code for costs the district incurred to store the records.	50003

Sec. 3301.70. (A) The state board of education is the	50004
designated state agency responsible for the coordination and	50005
administration of sections 110 to 118 of the "National and	50006
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	50007
12401 to 12431, as amended. With the assistance of the Ohio	50008
~~community~~commission on service ~~council~~and volunteerism created	50009
in section 121.40 of the Revised Code, the state board shall	50010
coordinate with other state agencies to apply for funding under	50011
the act when appropriate.	50012

(B) With the assistance of the Ohio ~~community~~commission on	50013
service ~~council~~and volunteerism, the state board of education	50014
shall develop a plan to assist school districts in the	50015
implementation of section 3313.605 of the Revised Code and other	50016
community service activities of school districts. The state board	50017
shall encourage the development of school district programs	50018
meeting the requirements for funding under the National and	50019
Community Service Act of 1990. The plan shall include the	50020
investigation of funding from all available sources for school	50021
community service education programs, including funds available	50022
under the National and Community Service Act of 1990, and the	50023
provision of technical assistance to school districts for the	50024
implementation of community service education programs. The plan	50025
shall also provide for technical assistance to be given to school	50026
boards to assist in obtaining funds for community service	50027
education programs from any source.	50028

(C) With the assistance of the Ohio ~~community~~commission on	50029
service ~~council~~and volunteerism, the state board of education	50030
shall do all of the following:	50031

(1) Disseminate information about school district community	50032
service education programs to other school districts and to	50033
statewide organizations involved with or promoting volunteerism;	50034

(2) Recruit additional school districts to develop community	50035
service education programs;	50036

(3) Identify or develop model community service programs,	50037
teacher training courses, and community service curricula and	50038
teaching materials for possible use by school districts in their	50039
programs.	50040

Sec. 3301.81. (A) As used in this division:

50041

(1) "Qualifying school" means either of the following:

50042

(a) A school operated by a challenged school district;

50043

(b) A community school that provides or proposes to provide	50044
classroom-based instruction at a site located within a challenged	50045
school district or a school district adjacent to a challenged	50046
school district.	50047

(2) "Challenged school district" has the same meaning as in	50048
section 3314.02 of the Revised Code.	50049

(B)(1) Not later than sixty days after the effective date of	50050
this section, the department of education shall issue a request	50051
for proposals from qualifying schools that wish to operate as a	50052
hybrid school in accordance with this section to provide students	50053
with a combination of technology-based instruction, including	50054
internet- or computer-based instruction, and classroom-based	50055
instruction. Each proposal submitted to the department shall	50056
contain the following information:	50057

(a) A description of the proposed hybrid nature of the	50058
school's instructional program;	50059

(b) An academic accountability plan, which shall include a	50060
commitment that the school will evaluate student performance at	50061
least three times a year and publish the results of each	50062
evaluation;	50063

50064

(2) The department shall develop a rigorous process for the	50065
evaluation of submitted proposals. As part of this process, if the	50066
department receives more than five proposals, the department shall	50067
select finalists from among the qualified responders. The	50068
finalists shall be required to make a public presentation to a	50069
panel of experts selected by the department on the merits of the	50070
school's plan and the likelihood of student success under the	50071
plan.	50072

(3) Within one hundred eighty days following the issuance of	50073
the request for proposals, the department shall select up to five	50074
schools from among the qualified responders. The selected schools	50075
may begin operating as a hybrid school in the next school year	50076
commencing after the approval of the school's proposal. If any of	50077
the selected schools is a community school established on or after	50078
the effective date of this section, the contract adopted under	50079
section 3314.03 of the Revised Code shall conform with the	50080
provisions of the school's proposal as approved by the department.	50081
If any of the selected schools is a community school established	50082
prior to the effective date of this section, the governing	50083
authority and sponsor of the school shall amend the contract	50084
adopted under section 3314.03 of the Revised Code prior to the	50085
first date of July of the school year in which the school will	50086
begin operating as a hybrid school to conform with the provisions	50087
of the school's proposal as approved by the department.	50088

(4) In the third school year after the schools selected under	50089
division (B)(3) of this section commence operations as hybrid	50090
schools, the department shall conduct a study of the academic	50091
performance of students attending the hybrid schools and determine	50092
any best practices utilized by the schools. The department shall	50093
issue a report on the results of this study to the governor, the	50094
president of the senate, and the speaker of the house of	50095
representatives.	50096

At the conclusion of the study, the department may issue a	50097
second request for proposals and select up to five additional	50098
schools that may operate as hybrid schools in accordance with this	50099
section. The department may modify the request for proposals or	50100
evaluation process from those previously used based on the results	50101
of the study conducted pursuant to this division.	50102

(C)(1) The board of education of each school district	50103
operating a hybrid school, or the governing authority of each	50104
community school operating as a hybrid school, shall require each	50105
student enrolled in the school to do both of the following:	50106

(a) Attend a designated site maintained by the board of	50107
education or governing authority to receive traditional	50108
classroom-based instruction that does not rely primarily on the	50109
use of computers or other electronic, digital, or wireless	50110
technology for the percentage of required instructional time	50111
determined under division (B)(2) of this section;	50112

(b) For the period of time the student does not attend the	50113
site maintained by the board of education or governing authority,	50114
work primarily from the student's residence on assignments in	50115
nonclassroom-based learning opportunities provided via a	50116
technology-based instructional method.	50117

(2) Before the beginning of each school year, the education	50118
team of each student enrolled in a hybrid school shall determine	50119
the percentage of the required instructional time that should be	50120
devoted to traditional classroom-based instruction and	50121
technology-based instruction to best meet the student's	50122
educational needs. As used in this division, "education team"	50123
includes, but is not limited to, the chief administrative officer	50124
or principal of the school, the student, the student's parent or	50125
guardian, and any teacher requested by the chief administrative	50126
officer or principal, student, or parent or guardian.	50127

(D) In the case of a community school operating as a hybrid	50128
school, the designated site maintained by the school's governing	50129
authority for the provision of classroom-based instruction shall	50130
be located in a challenged school district or an adjacent school	50131
district. However, the challenged school district shall be	50132
considered the school district in which the school is located for	50133
all purposes of Chapter 3314. of the Revised Code, including	50134
adopting an admission policy under division (A)(19) of section	50135
3314.03 of the Revised Code.	50136

(E) Except as provided in section 3314.091 of the Revised	50137
Code, the board of education of each city, local, and exempted	50138
village school district shall provide for its district's native	50139
students, in accordance with section 3327.01 of the Revised Code,	50140
transportation to and from a community school operating as a	50141
hybrid school pursuant to this section on each weekday the	50142
students are required to attend school at that site.	50143

As used in this division, "native student" has the same	50144
meaning as in section 3314.09 of the Revised Code.	50145

(F) A community school operating as a hybrid school pursuant	50146
to this section is not an internet- or computer-based community	50147
school for purposes of Chapter 3314. of the Revised Code.	50148
Nevertheless, except as otherwise provided in this section, a	50149
hybrid community school shall comply with all requirements of that	50150
chapter, including any provisions that apply solely to an	50151
internet- or computer-based community school.	50152

Sec. 3302.02. Not later than one year after the adoption of	50153
rules under division ~~(E)~~(D) of section 3301.0712 of the Revised	50154
Code and at least every sixth year thereafter, upon	50155
recommendations of the superintendent of public instruction, the	50156
state board of education shall establish performance indicators	50157
for the report cards required by division (C) of section 3302.03	50158
of the Revised Code. In establishing these indicators, the	50159
superintendent shall consider inclusion of student performance on	50160
assessments prescribed under section 3301.0710 or 3301.0712 of the	50161
Revised Code, rates of student improvement on such assessments,	50162
student attendance, the breadth of coursework available within the	50163
district, and other indicators of student success. Not later than	50164
December 31, 2011, the state board, upon recommendation of the	50165
superintendent, shall establish a performance indicator reflecting	50166
the level of services provided to, and the performance of,	50167
students identified as gifted under Chapter 3324. of the Revised	50168
Code.	50169

The superintendent shall inform the Ohio accountability task	50170
force established under section 3302.021 of the Revised Code of	50171
the performance indicators the superintendent establishes under	50172
this section and the rationale for choosing each indicator and for	50173
determining how a school district or building meets that	50174
indicator.	50175

The superintendent shall not establish any performance	50176
indicator for passage of the third or fourth grade English	50177
language arts assessment that is solely based on the assessment	50178
given in the fall for the purpose of determining whether students	50179
have met the reading guarantee provisions of section 3313.608 of	50180
the Revised Code.	50181

Sec. 3302.031. In addition to the report cards required under	50182
section 3302.03 of the Revised Code, the department of education	50183
shall annually prepare the following reports for each school	50184
district and make a copy of each report available to the	50185
superintendent of each district:	50186

(A) A funding and expenditure accountability report which	50187
shall consist of the amount of state aid payments the school	50188
district will receive during the fiscal year under ~~Chapters 3306.~~	50189
~~and~~Chapter 3317. of the Revised Code and any other fiscal data	50190
the department determines is necessary to inform the public about	50191
the financial status of the district;	50192

(B) A school safety and discipline report which shall consist	50193
of statistical information regarding student safety and discipline	50194
in each school building, including the number of suspensions and	50195
expulsions disaggregated according to race and gender;	50196

(C) A student equity report which shall consist of at least a	50197
description of the status of teacher qualifications, library and	50198
media resources, textbooks, classroom materials and supplies, and	50199
technology resources for each district. To the extent possible,	50200
the information included in the report required under this	50201
division shall be disaggregated according to grade level, race,	50202
gender, disability, and scores attained on assessments required	50203
under section 3301.0710 of the Revised Code.	50204

(D) A school enrollment report which shall consist of	50205
information about the composition of classes within each district	50206
by grade and subject disaggregated according to race, gender, and	50207
scores attained on assessments required under section 3301.0710 of	50208
the Revised Code;	50209

(E) A student retention report which shall consist of the	50210
number of students retained in their respective grade levels in	50211
the district disaggregated by grade level, subject area, race,	50212
gender, and disability;	50213

(F) A school district performance report which shall describe	50214
for the district and each building within the district the extent	50215
to which the district or building meets each of the applicable	50216
performance indicators established under section 3302.02 of the	50217
Revised Code, the number of performance indicators that have been	50218
achieved, and the performance index score. In calculating the	50219
rates of achievement on the performance indicators and the	50220
performance index scores for each report, the department shall	50221
exclude all students with disabilities.	50222

Sec. 3302.042. (A) This section shall operate as a pilot	50223
project that applies to any school that has been ranked according	50224
to performance index score under section 3302.21 of the Revised	50225
Code in the lowest five per cent of performance index scores of	50226
all schools of all city, exempted village, and local school	50227
districts statewide for three or more consecutive school years and	50228
is operated by the Columbus city school district.	50229

(B) Except as provided in division (D) of this section, if	50230
the parents or guardians of at least fifty per cent of the	50231
students enrolled in a school to which this section applies, or if	50232
the parents or guardians of at least fifty per cent of the total	50233
number of students enrolled in that school and the schools of	50234
lower grade levels whose students typically matriculate into that	50235
school, sign and file with the school district treasurer a	50236
petition requesting the district board of education to implement	50237
one of the following reforms in the school, and if the validity	50238
and sufficiency of the petition is certified in accordance with	50239
division (C) of this section, the board shall implement the	50240
requested reform in the next school year:	50241

(1) Reopen the school as a community school under Chapter	50242
3314. of the Revised Code;	50243

(2) Replace at least seventy per cent of the school's	50244
personnel who are related to the school's poor academic	50245
performance or, at the request of the petitioners, retain not more	50246
than thirty per cent of the personnel;	50247

(3) Contract with another school district or a nonprofit or	50248
for-profit entity with a demonstrated record of effectiveness to	50249
operate the school;	50250

(4) Turn operation of the school over to the department;

50251

(5) Any other major restructuring of the school that makes	50252
fundamental reforms in the school's staffing or governance.	50253

(C) Not later than thirty days after receipt of a petition	50254
under division (B) of this section, the district treasurer shall	50255
verify the validity and sufficiency of the signatures on the	50256
petition and certify to the district board whether the petition	50257
contains the necessary number of valid signatures to require the	50258
board to implement the reform requested by the petitioners. If the	50259
treasurer certifies to the district board that the petition does	50260
not contain the necessary number of valid signatures, any person	50261
who signed the petition may file an appeal with the county auditor	50262
within ten days after the certification. Not later than thirty	50263
days after the filing of an appeal, the county auditor shall	50264
conduct an independent verification of the validity and	50265
sufficiency of the signatures on the petition and certify to the	50266
district board whether the petition contains the necessary number	50267
of valid signatures to require the board to implement the	50268
requested reform. If the treasurer or county auditor certifies	50269
that the petition contains the necessary number of valid	50270
signatures, the district board shall notify the superintendent of	50271
public instruction and the state board of education of the	50272
certification.	50273

(D) The district board shall not implement the reform	50274
requested by the petitioners in any of the following	50275
circumstances:	50276

(1) The district board has determined that the request is for	50277
reasons other than improving student academic achievement or	50278
student safety.	50279

(2) The state superintendent has determined that	50280
implementation of the requested reform would not comply with the	50281
model of differentiated accountability described in section	50282
3302.041 of the Revised Code.	50283

(3) The petitioners have requested the district board to	50284
implement the reform described in division (B)(4) of this section	50285
and the department has not agreed to take over the school's	50286
operation.	50287

(4) When all of the following have occurred:

50288

(a) After a public hearing on the matter, the district board	50289
issued a written statement explaining the reasons that it is	50290
unable to implement the requested reform and agreeing to implement	50291
one of the other reforms described in division (B) of this	50292
section.	50293

(b) The district board submitted its written statement to the	50294
state superintendent and the state board along with evidence	50295
showing how the alternative reform the district board has agreed	50296
to implement will enable the school to improve its academic	50297
performance.	50298

(c) Both the state superintendent and the state board have	50299
approved implementation of the alternative reform.	50300

(E) Beginning not later than six months after the first	50301
petition under this section has been resolved, the department of	50302
education shall annually evaluate the pilot program and submit a	50303
report to the general assembly under section 101.68 of the Revised	50304
Code. Such reports shall contain its recommendations to the	50305
general assembly with respect to the continuation of the pilot	50306
program, its expansion to other school districts, or the enactment	50307
of further legislation establishing the program statewide under	50308
permanent law.	50309

Sec. 3302.05. The state board of education shall adopt rules	50310
freeing school districts declared to be excellent under division	50311
(B)(1) or effective under division (B)(2) of section 3302.03 of	50312
the Revised Code from specified state mandates. Any mandates	50313
included in the rules shall be only those statutes or rules	50314
pertaining to state education requirements. The rules shall not	50315
exempt districts ~~from any standard or requirement of section~~	50316
~~3306.09 of the Revised Code or~~ from any operating standard adopted	50317
under division (D)(3) of section 3301.07 of the Revised Code.	50318

Sec. 3302.06. (A) Any school of a city, exempted village, or	50319
local school district may apply to the district board of education	50320
to be designated as an innovation school. Each application shall	50321
include an innovation plan that contains the following:	50322

(1) A statement of the school's mission and an explanation of	50323
how the designation would enhance the school's ability to fulfill	50324
its mission;	50325

(2) A description of the innovations the school would	50326
implement;	50327

(3) An explanation of how implementation of the innovations	50328
described in division (A)(2) of this section would affect the	50329
school's programs and policies, including any of the following	50330
that apply:	50331

(a) The school's educational program;

50332

(b) The length of the school day and the school year;

50333

50334

(d) The school's plan for the assessment of students;

50335

(e) The school's budget;

50336

(f) The school's staffing levels.

50337

(4) A description of the improvements in student academic	50338
performance that the school expects to achieve by implementing the	50339
innovations described in division (A)(2) of this section;	50340

(5) An estimate of the cost savings and increased	50341
efficiencies, if any, that the school expects to achieve by	50342
implementing the innovations described in division (A)(2) of this	50343
section;	50344

(6) A description of any laws in Title XXXIII of the Revised	50345
Code, rules adopted by the state board of education, or	50346
requirements enacted by the district board that would need to be	50347
waived to implement the innovations described in division (A)(2)	50348
of this section;	50349

(7) A description of any provisions of a collective	50350
bargaining agreement covering personnel of the school that would	50351
need to be waived to implement the innovations described in	50352
division (A)(2) of this section;	50353

(8) Evidence that a majority of the administrators assigned	50354
to the school and a majority of the teachers assigned to the	50355
school consent to seeking the designation and a statement of the	50356
level of support for seeking the designation demonstrated by other	50357
staff working in the school, students enrolled in the school and	50358
their parents, and members of the community in which the school is	50359
located.	50360

(B) Two or more schools of the district may apply to the	50361
district board to be designated as an innovation school zone, if	50362
the schools share common interests based on factors such as	50363
geographical proximity or similar educational programs or if the	50364
schools serve the same classes of students as they advance to	50365
higher grade levels. Each application shall include an innovation	50366
plan that contains the information prescribed by divisions (A)(1)	50367
to (8) of this section for each participating school and the	50368
following additional information:	50369

(1) A description of how innovations in the participating	50370
schools would be integrated to achieve results that would be less	50371
likely to be achieved by each participating school alone;	50372

(2) An estimate of any economies of scale that would be	50373
realized by implementing innovations jointly.	50374

Sec. 3302.061. (A) A school district board of education shall	50375
review each application received under section 3302.06 of the	50376
Revised Code and, within sixty days after receipt of the	50377
application, shall approve or disapprove the application. In	50378
reviewing applications, the board shall give preference to	50379
applications that propose innovations in one or more of the	50380
following areas:	50381

(1) Curriculum;

50382

(2) Student assessments, other than the assessments	50383
prescribed by sections 3301.0710 and 3301.0712 of the Revised	50384
Code;	50385

(3) Class scheduling;

50386

(4) Accountability measures, including innovations that	50387
expand the number and variety of measures used in order to collect	50388
more complete data about student academic performance. For this	50389
purpose, schools may consider use of measures such as	50390
end-of-course examinations, portfolios of student work, nationally	50391
or internationally normed assessments, the percentage of students	50392
enrolling in post-secondary education, or the percentage of	50393
students simultaneously obtaining a high school diploma and an	50394
associate's degree or certification to work in an industry or	50395
career field.	50396

(5) Provision of student services, including services for	50397
students who are disabled, identified as gifted under Chapter	50398
3324. of the Revised Code, limited English proficient, at risk of	50399
academic failure or dropping out, or at risk of suspension or	50400
expulsion;	50401

(6) Provision of health, counseling, or other social services	50402
to students;	50403

(7) Preparation of students for transition to higher	50404
education or the workforce;	50405

(8) Teacher recruitment, employment, and evaluation;

50406

(9) Compensation for school personnel;

50407

(10) Professional development;

50408

(11) School governance and the roles and responsibilities of	50409
principals;	50410

(12) Use of financial or other resources.

50411

(B)(1) If the board approves an application seeking	50412
designation as an innovation school, it shall so designate the	50413
school that submitted the application. If the board approves an	50414
application seeking designation as an innovation school zone, it	50415
shall so designate the participating schools that submitted the	50416
application.	50417

(2) If the board disapproves an application, it shall provide	50418
a written explanation of the basis for its decision to the school	50419
or schools that submitted the application. The school or schools	50420
may reapply for designation as an innovation school or innovation	50421
school zone at any time.	50422

(C) The board may approve an application that allows an	50423
innovation school or a school participating in an innovation	50424
school zone to determine the compensation of board employees	50425
working in the school, but the total compensation for all such	50426
employees shall not exceed the financial resources allocated to	50427
the school by the board. The school shall not be required to	50428
comply with the salary schedule adopted by the board under section	50429
3317.14 of the Revised Code. The board may approve an application	50430
that allows an innovation school or a school participating in an	50431
innovation school zone to remove board employees from the school,	50432
but no employee shall be terminated except as provided in section	50433
3319.081 or 3319.16 of the Revised Code.	50434

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

50435

(1) Designate a school as an innovation school by creating an	50436
innovation plan for that school and offering the school an	50437
opportunity to participate in the plan's creation;	50438

(2) Designate as an innovation school zone two or more	50439
schools that share common interests based on factors such as	50440
geographical proximity or similar educational programs or that	50441
serve the same classes of students as they advance to higher grade	50442
levels, by creating an innovation plan for those schools and	50443
offering the schools an opportunity to participate in the plan's	50444
creation.	50445

Sec. 3302.062. (A) If a school district board of education	50446
approves an application under division (B)(1) of section 3302.061	50447
of the Revised Code or designates an innovation school or	50448
innovation school zone under division (D) of that section, the	50449
district board shall apply to the state board of education for	50450
designation as a school district of innovation by submitting to	50451
the state board the innovation plan included in the approved	50452
application or created by the district board.	50453

Within sixty days after receipt of the application, the state	50454
board shall designate the district as a school district of	50455
innovation, unless the state board determines that the submitted	50456
innovation plan is not financially feasible or will likely result	50457
in decreased academic achievement. If the state board so	50458
determines, it shall provide a written explanation of the basis	50459
for its determination to the district board. If the district is	50460
not designated as a school district of innovation, the district	50461
board shall not implement the innovation plan. However, the	50462
district board may reapply for designation as a school district of	50463
innovation at any time.	50464

(B) A district board may request the state board to make a	50465
preliminary review of an innovation plan prior to the district	50466
board's formal application for designation as a school district of	50467
innovation. In that case, the state board shall review the	50468
innovation plan and, within sixty days after the request,	50469
recommend to the district board any changes or additions that the	50470
state board believes will improve the plan, which may include	50471
further innovations or measures to increase the likelihood that	50472
the innovations will result in higher academic achievement. The	50473
district board may revise the innovation plan prior to making	50474
formal application for designation as a school district of	50475
innovation.	50476

Sec. 3302.063. (A) Except as provided in division (B) of this	50477
section, upon designation of a school district of innovation under	50478
section 3302.062 of the Revised Code, the state board of education	50479
shall waive any laws in Title XXXIII of the Revised Code or rules	50480
adopted by the state board that are specified in the innovation	50481
plan submitted by the district board of education as needing to be	50482
waived to implement the plan. The waiver shall apply only to the	50483
school or schools participating in the innovation plan and shall	50484
not apply to the district as a whole, unless each of the	50485
district's schools is a participating school. The waiver shall	50486
cease to apply to a school if the school's designation as an	50487
innovation school is revoked or the innovation school zone in	50488
which the school participates has its designation revoked under	50489
section 3302.065 of the Revised Code, or if the school is removed	50490
from an innovation school zone under that section or section	50491
3302.064 of the Revised Code.	50492

(B) The state board shall not waive any law or rule regarding	50493
the following:	50494

(1) Funding for school districts under Chapter 3317. of the	50495
Revised Code;	50496

(2) The requirements of Chapters 3323. and 3324. of the	50497
Revised Code for the provision of services to students with	50498
disabilities and gifted students;	50499

(3) Requirements related to the provision of career-technical	50500
education that are necessary to comply with federal law or	50501
maintenance of effort provisions;	50502

(4) Administration of the assessments prescribed by sections	50503
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;	50504

(5) Requirements related to the issuance of report cards and	50505
the assignment of performance ratings under section 3302.03 of the	50506
Revised Code;	50507

(6) Implementation of the model of differentiated	50508
accountability under section 3302.041 of the Revised Code;	50509

(7) Requirements for the reporting of data to the department	50510
of education;	50511

(8) Criminal records checks of school employees;

50512

(9) The requirements of Chapters 3307. and 3309. regarding	50513
the retirement systems for teachers and school employees.	50514

(C) If a district board's revisions to an innovation plan	50515
under section 3302.066 of the Revised Code require a waiver of	50516
additional laws or state board rules, the state board shall grant	50517
a waiver from those laws or rules upon evidence that	50518
administrators and teachers have consented to the revisions as	50519
required by that section.	50520

Sec. 3302.064. (A) Each collective bargaining agreement	50521
entered into by a school district board of education under Chapter	50522
4117. of the Revised Code on or after the effective date of this	50523
section shall allow for the waiver of any provision of the	50524
agreement specified in the innovation plan approved or created	50525
under section 3302.061 of the Revised Code as needing to be waived	50526
to implement the plan, in the event the district is designated as	50527
a school district of innovation.	50528

(B)(1) In the case of an innovation school, waiver of the	50529
provisions specified in the innovation plan shall be contingent	50530
upon at least sixty per cent of the members of the bargaining unit	50531
covered by the collective bargaining agreement who work in the	50532
school voting, by secret ballot, to approve the waiver.	50533

(2) In the case of an innovation school zone, waiver of the	50534
provisions specified in the innovation plan shall be contingent	50535
upon, in each participating school, at least sixty per cent of the	50536
members of the bargaining unit covered by the collective	50537
bargaining agreement who work in that school voting, by secret	50538
ballot, to approve the waiver. If at least sixty per cent of the	50539
members of the bargaining unit in a participating school do not	50540
vote to approve the waiver, the board may revise the innovation	50541
plan to remove that school from the innovation school zone.	50542

(3) If a board's revisions to an innovation plan under	50543
section 3302.066 of the Revised Code require a waiver of	50544
additional provisions of the collective bargaining agreement, that	50545
waiver shall be contingent upon approval under division (B)(1) or	50546
(2) of this section in the same manner as the initial waiver.	50547

(C) A waiver approved under division (B) of this section	50548
shall continue to apply relative to any substantially similar	50549
provision of a collective bargaining agreement entered into after	50550
the approval of the waiver.	50551

(D) A waiver approved under division (B) of this section	50552
shall cease to apply to a school if the school's designation as an	50553
innovation school is revoked or the innovation school zone in	50554
which the school participates has its designation revoked under	50555
section 3302.065 of the Revised Code, or if the school is removed	50556
from an innovation school zone under that section.	50557

(E) An employee working in an innovation school or a school	50558
participating in an innovation school zone who is a member of a	50559
bargaining unit that approves a waiver under division (B) of this	50560
section may request the board to transfer the employee to another	50561
school of the district. The board shall make every reasonable	50562
effort to accommodate the employee's request.	50563

Sec. 3302.065. Not later than three years after obtaining	50564
designation as a school district of innovation under section	50565
3302.062 of the Revised Code, and every three years thereafter,	50566
the district board of education shall review the performance of	50567
the innovation school or innovation school zone and determine if	50568
it is achieving, or making sufficient progress toward achieving,	50569
the improvements in student academic performance that were	50570
described in its innovation plan. If the board finds that an	50571
innovation school is not achieving, or not making sufficient	50572
progress toward achieving, those improvements in student academic	50573
performance, the board may revoke the designation as an innovation	50574
school. If the board finds that a school participating in an	50575
innovation school zone is not achieving, or not making sufficient	50576
progress toward achieving, those improvements in student academic	50577
performance, the board may remove that school from the innovation	50578
school zone or may revoke the designation of all participating	50579
schools as an innovation school zone.	50580

Sec. 3302.066. A school district board of education may	50581
revise an innovation plan approved or created under section	50582
3302.061 of the Revised Code, in collaboration with the school or	50583
schools participating in the plan, to further improve student	50584
academic performance. The revisions may include identifying	50585
additional laws in Title XXXIII of the Revised Code, rules adopted	50586
by the state board of education, requirements enacted by the	50587
district board, or provisions of a collective bargaining agreement	50588
that need to be waived. Any revisions to an innovation plan shall	50589
require the consent, in each school participating in the plan, of	50590
a majority of the administrators assigned to that school and a	50591
majority of the teachers assigned to that school.	50592

Sec. 3302.067. The board of education of any district	50593
designated as a school district of innovation or any school	50594
participating in an innovation plan may accept, receive, and	50595
expend gifts, grants, or donations from any public or private	50596
entity to support the implementation of the plan.	50597

Sec. 3302.068. Not later than the first day of July each	50598
year, the department of education shall issue, and post on its web	50599
site, a report on school districts of innovation. The report shall	50600
include the following information:	50601

(A) The number of districts designated as school districts of	50602
innovation in the preceding school year and the total number of	50603
school districts of innovation statewide;	50604

(B) The number of innovation schools in each school district	50605
of innovation and the number of district students served by the	50606
schools, expressed as a total number and as a percentage of the	50607
district's total student population;	50608

(C) The number of innovation school zones in each school	50609
district of innovation, the number of schools participating in	50610
each zone, and the number of district students served by the	50611
participating schools, expressed as a total number and as a	50612
percentage of the district's total student population;	50613

(D) An overview of the innovations implemented in innovation	50614
schools and innovation school zones;	50615

(E) Data on the academic performance of the students enrolled	50616
in an innovation school or an innovation school zone in each	50617
school district of innovation, including a comparison of the	50618
students' academic performance before and after the district's	50619
designation as a school district of innovation;	50620

(F) Recommendations for legislative changes based on the	50621
innovations implemented or to enhance the ability of schools and	50622
districts to implement innovations.	50623

Sec. 3302.07. (A) The board of education of any school	50624
district, the governing board of any educational service center,	50625
or the administrative authority of any chartered nonpublic school	50626
may submit to the state board of education an application	50627
proposing an innovative education pilot program the implementation	50628
of which requires exemptions from specific statutory provisions or	50629
rules. If a district or service center board employs teachers	50630
under a collective bargaining agreement adopted pursuant to	50631
Chapter 4117. of the Revised Code, any application submitted under	50632
this division shall include the written consent of the teachers'	50633
employee representative designated under division (B) of section	50634
4117.04 of the Revised Code. The exemptions requested in the	50635
application shall be limited to any requirement of Title XXXIII of	50636
the Revised Code or of any rule of the state board adopted	50637
pursuant to that title except that the application may not propose	50638
an exemption from any requirement of or rule adopted pursuant to	50639
~~section 3306.09,~~ Chapter 3307. or 3309., sections 3319.07 to	50640
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an	50641
exemption from any operating standard adopted under division	50642
(B)(2) or (D)~~(3)~~ of section 3301.07 of the Revised Code shall be	50643
granted only pursuant to a waiver granted by the superintendent of	50644
public instruction under division (O) of that section.	50645

(B) The state board of education shall accept any application	50646
submitted in accordance with division (A) of this section. The	50647
superintendent of public instruction shall approve or disapprove	50648
the application in accordance with standards for approval, which	50649
shall be adopted by the state board.	50650

(C) The superintendent of public instruction shall exempt	50651
each district or service center board or chartered nonpublic	50652
school administrative authority with an application approved under	50653
division (B) of this section for a specified period from the	50654
statutory provisions or rules specified in the approved	50655
application. The period of exemption shall not exceed the period	50656
during which the pilot program proposed in the application is	50657
being implemented and a reasonable period to allow for evaluation	50658
of the effectiveness of the program.	50659

Sec. 3302.12. (A) For any school building that is ranked	50660
according to performance index score under section 3302.21 of the	50661
Revised Code in the lowest five per cent of all school district	50662
buildings statewide for three consecutive years and is declared to	50663
be under an academic watch or in a state of academic emergency	50664
under section 3302.03 of the Revised Code, the district board of	50665
education shall do one of the following at the conclusion of the	50666
school year in which the building first becomes subject to this	50667
division:	50668

(1) Close the school and direct the district superintendent	50669
to reassign the students enrolled in the school to other school	50670
buildings that demonstrate higher academic achievement;	50671

(2) Contract with another school district or a nonprofit or	50672
for-profit entity with a demonstrated record of effectiveness to	50673
operate the school;	50674

(3) Replace the principal and all teaching staff of the	50675
school and, upon request from the new principal, exempt the school	50676
from all requested policies and regulations of the board regarding	50677
curriculum and instruction. The board also shall distribute	50678
funding to the school in an amount that is at least equal to the	50679
product of the per pupil amount of state and local revenues	50680
received by the district multiplied by the student population of	50681
the school.	50682

(4) Reopen the school as a conversion community school under	50683
Chapter 3314. of the Revised Code.	50684

(B) If an action taken by the board under division (A) of	50685
this section causes the district to no longer maintain all grades	50686
kindergarten through twelve, as required by section 3311.29 of the	50687
Revised Code, the board shall enter into a contract with another	50688
school district pursuant to section 3327.04 of the Revised Code	50689
for enrollment of students in the schools of that other district	50690
to the extent necessary to comply with the requirement of section	50691
3311.29 of the Revised Code. Notwithstanding any provision of the	50692
Revised Code to the contrary, if the board enters into and	50693
maintains a contract under section 3327.04 of the Revised Code,	50694
the district shall not be considered to have failed to comply with	50695
the requirement of section 3311.29 of the Revised Code. If,	50696
however, the district board fails to or is unable to enter into or	50697
maintain such a contract, the state board of education shall take	50698
all necessary actions to dissolve the district as provided in	50699
division (A) of section 3311.29 of the Revised Code.	50700

Sec. 3302.20. (A) The department of education shall develop	50701
standards for determining, from the existing data reported in	50702
accordance with sections 3301.0714 and 3314.17 of the Revised	50703
Code, the amount of annual operating expenditures for classroom	50704
instructional purposes and for nonclassroom purposes for each	50705
city, exempted village, local, and joint vocational school	50706
district, each community school established under Chapter 3314.	50707
that is not an internet- or computer-based community school, each	50708
internet- or computer-based community school, and each STEM school	50709
established under Chapter 3326. of the Revised Code. Not later	50710
than January 1, 2012, the department shall present those standards	50711
to the state board of education for consideration. In developing	50712
the standards, the department shall adapt existing standards used	50713
by professional organizations, research organizations, and other	50714
state governments.	50715

The state board shall consider the proposed standards and	50716
adopt a final set of standards not later than July 1, 2012.	50717

(B)(1) The department shall categorize all city, exempted	50718
village, and local school districts into not less than three nor	50719
more than five groups based primarily on average daily student	50720
enrollment as reported on the most recent report card issued for	50721
each district under section 3302.03 of the Revised Code.	50722

(2) The department shall categorize all joint vocational	50723
school districts into not less than three nor more than five	50724
groups based primarily on average daily membership as reported	50725
under division (D) of section 3317.03 of the Revised Code rounded	50726
to the nearest whole number.	50727

(3) The department shall categorize all community schools	50728
that are not internet- or computer-based community schools into	50729
not less than three nor more than five groups based primarily on	50730
average daily student enrollment as reported on the most recent	50731
report card issued for each community school under sections	50732
3302.03 and 3314.012 of the Revised Code.	50733

(4) The department shall categorize all internet- or	50734
computer-based community schools into a single category.	50735

(5) The department shall categorize all STEM schools into a	50736
single category.	50737

(C) Using the standards adopted under division (A) of this	50738
section and the data reported under sections 3301.0714 and 3314.17	50739
of the Revised Code, the department shall compute, for fiscal	50740
years 2008 through 2012, and annually for each fiscal year	50741
thereafter, the following:	50742

(1) The percentage of each district's, community school's, or	50743
STEM school's total operating budget spent for classroom	50744
instructional purposes;	50745

(2) The statewide average percentage for all districts,	50746
community schools, and STEM schools combined spent for classroom	50747
instructional purposes;	50748

(3) The average percentage for each of the categories of	50749
districts and schools established under division (B) of this	50750
section spent for classroom instructional purposes;	50751

(4) The ranking of each district, community school, or STEM	50752
school within its respective category established under division	50753
(B) of this section according to the following:	50754

(a) From highest to lowest percentage spent for classroom	50755
instructional purposes;	50756

(b) From lowest to highest percentage spent for	50757
noninstructional purposes.	50758

(D) In its display of rankings within each category under	50759
division (C)(4) of this section, the department shall make the	50760
following notations:	50761

(1) Within each category of city, exempted village, and local	50762
school districts, the department shall denote each district that	50763
is:	50764

(a) Among the twenty per cent of all city, exempted village,	50765
and local school districts statewide with the lowest total	50766
operating expenditures per pupil;	50767

(b) Among the twenty per cent of all city, exempted village,	50768
and local school districts statewide with the highest performance	50769
index scores.	50770

(2) Within each category of joint vocational school	50771
districts, the department shall denote each district that is:	50772

(a) Among the twenty per cent of all joint vocational school	50773
districts statewide with the lowest total operating expenditures	50774
per pupil;	50775

(b) Among the twenty per cent of all joint vocational school	50776
districts statewide with the highest performance measures required	50777
for career-technical education under 20 U.S.C. 2323, as ranked	50778
under division (A)(3) of section 3302.21 of the Revised Code.	50779

(3) Within each category of community schools that are not	50780
internet- or computer-based community schools, the department	50781
shall denote each school that is:	50782

(a) Among the twenty per cent of all such community schools	50783
statewide with the lowest total operating expenditures per pupil;	50784

(b) Among the twenty per cent of all such community schools	50785
statewide with the highest performance index scores.	50786

(4) Within the category of internet- or computer-based	50787
community schools, the department shall denote each school that	50788
is:	50789

(a) Among the twenty per cent of all such community schools	50790
statewide with the lowest total operating expenditures per pupil;	50791

(b) Among the twenty per cent of all such community schools	50792
statewide with the highest performance index scores.	50793

(5) Within the category of STEM schools, the department shall	50794
denote each school that is:	50795

(a) Among the twenty per cent of all STEM schools statewide	50796
with the lowest total operating expenditures per pupil;	50797

(b) Among the twenty per cent of all STEM schools statewide	50798
with the highest performance index scores.	50799

(E) The department shall post in a prominent location on its	50800
web site the information prescribed by divisions (C) and (D) of	50801
this section. The department also shall include on each	50802
district's, community school's, and STEM school's annual report	50803
card issued under section 3302.03 of the Revised Code the	50804
respective information computed for the district or school under	50805
divisions (C)(1) and (4) of this section, the statewide	50806
information computed under division (C)(2) of this section, and	50807
the information computed for the district's or school's category	50808
under division (C)(3) of this section.	50809

(F) As used in this section:

50810

(1) "Internet- or computer-based community school" has the	50811
same meaning as in section 3314.02 of the Revised Code.	50812

(2) A school district's, community school's, or STEM school's	50813
performance index score rank is its performance index score rank	50814
as computed under section 3302.21 of the Revised Code.	50815

Sec. 3302.21. (A) The department of education shall develop	50816
a system to rank order all city, exempted village, local, and	50817
joint vocational school districts, community schools established	50818
under Chapter 3314., and STEM schools established under Chapter	50819
3326. of the Revised Code according to the following measures:	50820

(1) Performance index score for each school district,	50821
community school, and STEM school and for each separate building	50822
of a district, community school, or STEM school. For districts,	50823
schools, or buildings to which the performance index score does	50824
not apply, the superintendent of public instruction shall develop	50825
another measure of student academic performance and use that	50826
measure to include those buildings in the ranking so that all	50827
districts, schools, and buildings may be reliably compared to each	50828
other.	50829

(2) Student performance growth from year to year, using the	50830
value-added progress dimension, if applicable, and other measures	50831
of student performance growth designated by the superintendent of	50832
public instruction for subjects and grades not covered by the	50833
value-added progress dimension;	50834

(3) Performance measures required for career-technical	50835
education under 20 U.S.C. 2323, if applicable. If a school	50836
district is a "VEPD" or "lead district" as those terms are defined	50837
in section 3317.023 of the Revised Code, the district's ranking	50838
shall be based on the performance of career-technical students	50839
from that district and all other districts served by that	50840
district, and such fact, including the identity of the other	50841
districts served by that district, shall be noted on the report	50842
required by division (B) of this section.	50843

(4) Current operating expenditures per pupil;

50844

(5) Of total current operating expenditures, percentage spent	50845
for classroom instruction as determined under standards adopted by	50846
the state board of education;	50847

(6) Performance of, and opportunities provided to, students	50848
identified as gifted using value-added progress dimensions, if	50849
applicable, and other relevant measures as designated by the	50850
superintendent of public instruction.	50851

The department shall rank each district, community school,	50852
and STEM school annually in accordance with the system developed	50853
under this section.	50854

(B) In addition to the reports required by sections 3302.03	50855
and 3302.031 of the Revised Code, not later than the first day of	50856
September each year, the department shall issue a report for each	50857
city, exempted village, local, and joint vocational school	50858
district, each community school, and each STEM school indicating	50859
the district's or school's rank on each measure described in	50860
divisions (A)(1) to (5) of this section, including each separate	50861
building's rank according to performance index score under	50862
division (A)(1) of this section.	50863

Sec. 3302.22. (A) The governor's effective and efficient	50864
schools recognition program is hereby created. Each year, the	50865
governor shall recognize, in a manner deemed appropriate by the	50866
governor, the top ten per cent of all public schools in this	50867
state, including schools of city, exempted village, local, or	50868
joint vocational school districts, community schools established	50869
under Chapter 3314. of the Revised Code, and STEM schools	50870
established under Chapter 3326. of the Revised Code.	50871

(B) The top ten per cent of schools shall be determined by	50872
the department of education according to standards established by	50873
the department. The standards shall include, but need not be	50874
limited to, both of the following:	50875

(1) Student performance, as determined by factors including,	50876
but not limited to, performance indicators under section 3302.02	50877
of the Revised Code, report cards issued under section 3302.03 of	50878
the Revised Code, performance index score rankings under section	50879
3302.21 of the Revised Code, and any other statewide or national	50880
assessment or student performance recognition program the	50881
department selects;	50882

(2) Fiscal performance, including cost-effective measures	50883
taken by the school.	50884

Sec. 3302.25. (A) In accordance with standards prescribed by	50885
the state board of education for categorization of school district	50886
expenditures adopted under division (A) of section 3302.20 of the	50887
Revised Code, the department of education annually shall determine	50888
all of the following for the previous fiscal year:	50889

(1) For each school district, the ratio of the district's	50890
operating expenditures for instructional purposes compared to its	50891
operating expenditures for administrative purposes;	50892

(2) For each school district, the per pupil amount of the	50893
district's expenditures for instructional purposes;	50894

(3) For each school district, the per pupil amount of the	50895
district's operating expenditures for administrative purposes;	50896

(4) For each school district, the percentage of the	50897
district's operating expenditures attributable to school district	50898
funds;	50899

(5) The statewide average among all school districts for each	50900
of the items described in divisions (A)(1) to (4) of this section.	50901

(B) The department annually shall submit a report to each	50902
school district indicating the district's information for each of	50903
the items described in divisions (A)(1) to (4) of this section and	50904
the statewide averages described in division (A)(5) of this	50905
section.	50906

(C) Each school district, upon receipt of the report	50907
prescribed by division (B) of this section, shall publish the	50908
information contained in that report in a prominent location on	50909
the district's web site and publish the report in another fashion	50910
so that it is available to all parents of students enrolled in the	50911
district and to taxpayers of the district.	50912

Sec. 3302.30. (A) The superintendent of public instruction	50913
shall establish a pilot project in Columbiana county under which	50914
one or more school districts in that county shall offer a	50915
multiple-track high school curriculum for students with differing	50916
career plans. The superintendent shall solicit and select	50917
districts to participate in the pilot project. Selected districts	50918
shall begin offering their career track curricula not later than	50919
the school year that begins at least six months after the	50920
effective date of this section. No district shall be required to	50921
participate in the pilot project.	50922

The curricula provided under the pilot project at each	50923
participating district shall offer at least three distinct career	50924
tracks, including at least a college preparatory track and a	50925
career-technical track. Each track shall comply with the	50926
curriculum requirements of section 3313.603 of the Revised Code.	50927
The different tracks may be offered at different campuses. Two or	50928
more participating districts may offer some or all of their	50929
respective curriculum tracks through a cooperative agreement	50930
entered into under section 3313.842 of the Revised Code.	50931

The department of education shall provide technical	50932
assistance to participating districts in developing the curriculum	50933
tracks to offer to students under the pilot project.	50934

Part or all of selected curriculum materials or services may	50935
be purchased from other public or private sources.	50936

The state superintendent shall apply for private and other	50937
nonstate funds, and may use other available state funds, to	50938
support the pilot project. If nonstate funds cannot be obtained or	50939
the superintendent of public instruction determines that	50940
sufficient funds are not available to support the pilot project,	50941
implementation of this section may be postponed until such time as	50942
the superintendent determines that sufficient funds are available.	50943

(B) Each participating school district shall report to the	50944
state superintendent data about the operation and results of the	50945
pilot project, as required by the superintendent.	50946

(C) Not later than the thirty-first day of December of the	50947
third school year in which the pilot project is operating, the	50948
state superintendent shall submit a report to the general	50949
assembly, in accordance with section 101.68 of the Revised Code,	50950
containing the superintendent's evaluation of the results of the	50951
pilot project and legislative recommendations whether to continue,	50952
expand, or make changes to the pilot project.	50953

Sec. 3304.181. If the total of all funds available from	50954
nonfederal sources to support the activities of the rehabilitation	50955
services commission does not comply with the expenditure	50956
requirements of 34 C.F.R. 361.60 and 361.62 for those activities	50957
or would cause the state to lose an allotment or fail to receive a	50958
reallotment under 34 C.F.R. 361.65, the commission shall solicit	50959
additional funds from, and enter into agreements for the use of	50960
those funds with, private or public entities, including local	50961
government entities of this state. The commission shall continue	50962
to solicit additional funds and enter into agreements until the	50963
total funding available is sufficient for the commission to	50964
receive federal funds at the maximum amount and in the most	50965
advantageous proportion possible.	50966

Any agreement entered into between the commission and a	50967
private or public entity to provide funds under this section shall	50968
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the	50969
Revised Code.	50970

Sec. 3304.182. Any agreement between the rehabilitation	50971
services commission and a private or public entity providing funds	50972
under section 3304.181 of the Revised Code may permit the	50973
commission to receive a specified percentage of the funds ~~for~~	50974
~~administration~~, but the percentage shall be not more than thirteen	50975
per cent of the total funds available under the agreement. The	50976
agreement shall not be for less than six months or be discontinued	50977
by the commission without the commission first providing three	50978
months notice of intent to discontinue the agreement. The	50979
commission may terminate an agreement only for good cause.	50980

Any services provided under an agreement entered into under	50981
section 3304.181 of the Revised Code shall be provided by a person	50982
or government entity that meets the accreditation standards	50983
established in rules adopted by the commission under section	50984
3304.16 of the Revised Code.	50985

Sec. 3305.08. Any payment, benefit, or other right accruing	50986
to any electing employee under a contract entered into for	50987
purposes of an alternative retirement plan and all moneys,	50988
investments, and income of those contracts are exempt from any	50989
state tax, except the tax imposed by section 5747.02 of the	50990
Revised Code, are exempt from any county, municipal, or other	50991
local tax, except income taxes imposed pursuant to section 5748.02	50992
or, 5748.08, or 5748.09 of the Revised Code, and, except as	50993
provided in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	50994
3121.02, 3121.03, 3123.06, 3305.09, and 3305.12 of the Revised	50995
Code, shall not be subject to execution, garnishment, attachment,	50996
the operation of bankruptcy or the insolvency law, or other	50997
process of law, and shall be unassignable except as specifically	50998
provided in this section and sections 3105.171, 3105.65, 3119.80,	50999
3119.81, 3121.02, 3121.03, 3115.32, and 3123.06 of the Revised	51000
Code or in any contract the electing employee has entered into for	51001
purposes of an alternative retirement plan.	51002

Sec. 3307.20. (A) As used in this section:

51003

(1) "Personal history record" means information maintained by	51004
the state teachers retirement board on an individual who is a	51005
member, former member, contributor, former contributor, retirant,	51006
or beneficiary that includes the address, telephone number, social	51007
security number, record of contributions, correspondence with the	51008
state teachers retirement system, or other information the board	51009
determines to be confidential.	51010

(2) "Retirant" has the same meaning as in section 3307.50 of	51011
the Revised Code.	51012

(B) The records of the board shall be open to public	51013
inspection, except for the following, which shall be excluded,	51014
except with the written authorization of the individual concerned:	51015

(1) The individual's personal records provided for in section	51016
3307.23 of the Revised Code;	51017

(2) The individual's personal history record;

51018

(3) Any information identifying, by name and address, the	51019
amount of a monthly allowance or benefit paid to the individual.	51020

(C) All medical reports and recommendations under sections	51021
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,	51022
except as follows:	51023

(1) Copies of medical reports or recommendations shall be	51024
made available to the personal physician, attorney, or authorized	51025
agent of the individual concerned upon written release received	51026
from the individual or the individual's agent, or, when necessary	51027
for the proper administration of the fund, to the board assigned	51028
physician.	51029

(2) Documentation required by section 2929.193 of the Revised	51030
Code shall be provided to a court holding a hearing under that	51031
section.	51032

(D) Any person who is a member or contributor of the system	51033
shall be furnished, on written request, with a statement of the	51034
amount to the credit of the person's account. The board need not	51035
answer more than one request of a person in any one year.	51036

(E) Notwithstanding the exceptions to public inspection in	51037
division (B) of this section, the board may furnish the following	51038
information:	51039

(1) If a member, former member, retirant, contributor, or	51040
former contributor is subject to an order issued under section	51041
2907.15 of the Revised Code or an order issued under division (A)	51042
or (B) of section 2929.192 of the Revised Code or is convicted of	51043
or pleads guilty to a violation of section 2921.41 of the Revised	51044
Code, on written request of a prosecutor as defined in section	51045
2935.01 of the Revised Code, the board shall furnish to the	51046
prosecutor the information requested from the individual's	51047
personal history record.	51048

(2) Pursuant to a court or administrative order issued under	51049
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	51050
Revised Code, the board shall furnish to a court or child support	51051
enforcement agency the information required under that section.	51052

(3) At the written request of any person, the board shall	51053
provide to the person a list of the names and addresses of	51054
members, former members, retirants, contributors, former	51055
contributors, or beneficiaries. The costs of compiling, copying,	51056
and mailing the list shall be paid by such person.	51057

(4) Within fourteen days after receiving from the director of	51058
job and family services a list of the names and social security	51059
numbers of recipients of public assistance pursuant to section	51060
5101.181 of the Revised Code, the board shall inform the auditor	51061
of state of the name, current or most recent employer address, and	51062
social security number of each member whose name and social	51063
security number are the same as that of a person whose name or	51064
social security number was submitted by the director. The board	51065
and its employees shall, except for purposes of furnishing the	51066
auditor of state with information required by this section,	51067
preserve the confidentiality of recipients of public assistance in	51068
compliance with ~~division (A) of~~ section 5101.181 of the Revised	51069
Code.	51070

(5) The system shall comply with orders issued under section	51071
3105.87 of the Revised Code.	51072

On the written request of an alternate payee, as defined in	51073
section 3105.80 of the Revised Code, the system shall furnish to	51074
the alternate payee information on the amount and status of any	51075
amounts payable to the alternate payee under an order issued under	51076
section 3105.171 or 3105.65 of the Revised Code.	51077

(6) At the request of any person, the board shall make	51078
available to the person copies of all documents, including	51079
resumes, in the board's possession regarding filling a vacancy of	51080
a contributing member or retired teacher member of the board. The	51081
person who made the request shall pay the cost of compiling,	51082
copying, and mailing the documents. The information described in	51083
this division is a public record.	51084

(7) The system shall provide the notice required by section	51085
3307.373 of the Revised Code to the prosecutor assigned to the	51086
case.	51087

(F) A statement that contains information obtained from the	51088
system's records that is signed by an officer of the retirement	51089
system and to which the system's official seal is affixed, or	51090
copies of the system's records to which the signature and seal are	51091
attached, shall be received as true copies of the system's records	51092
in any court or before any officer of this state.	51093

Sec. 3307.31. (A) Payments by boards of education and	51094
governing authorities of community schools to the state teachers	51095
retirement system, as provided in sections 3307.29 and 3307.291 of	51096
the Revised Code, shall be made from the amount allocated under	51097
section 3314.08~~, Chapter 3306.,~~ or Chapter 3317. of the Revised	51098
Code prior to its distribution to the individual school districts	51099
or community schools. The amount due from each school district or	51100
community school shall be certified by the secretary of the system	51101
to the superintendent of public instruction monthly, or at such	51102
times as may be determined by the state teachers retirement board.	51103

The superintendent shall deduct, from the amount allocated to	51104
each district or community school under section 3314.08~~, Chapter~~	51105
~~3306.,~~ or Chapter 3317. of the Revised Code, the entire amounts	51106
due to the system from such district or school upon the	51107
certification to the superintendent by the secretary thereof.	51108

The superintendent shall certify to the director of budget	51109
and management the amounts thus due the system for payment.	51110

(B) Payments to the state teachers retirement system by a	51111
science, technology, engineering, and mathematics school shall be	51112
deducted from the amount allocated under section 3326.33 of the	51113
Revised Code and shall be made in the same manner as payments by	51114
boards of education under this section.	51115

Sec. 3307.41. The right of an individual to a pension, an	51116
annuity, or a retirement allowance itself, the right of an	51117
individual to any optional benefit, or any other right or benefit	51118
accrued or accruing to any individual under this chapter, the	51119
various funds created by section 3307.14 of the Revised Code, and	51120
all moneys, investments, and income from moneys or investments are	51121
exempt from any state tax, except the tax imposed by section	51122
5747.02 of the Revised Code, and are exempt from any county,	51123
municipal, or other local tax, except income taxes imposed	51124
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	51125
Code, and, except as provided in sections 3105.171, 3105.65,	51126
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 3307.37,	51127
3307.372, and 3307.373 of the Revised Code, shall not be subject	51128
to execution, garnishment, attachment, the operation of bankruptcy	51129
or insolvency laws, or any other process of law whatsoever, and	51130
shall be unassignable except as specifically provided in this	51131
chapter or sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81,	51132
3121.02, 3121.03, and 3123.06 of the Revised Code.	51133

Sec. 3307.64. A disability benefit recipient,	51134
notwithstanding section 3319.13 of the Revised Code, shall retain	51135
membership in the state teachers retirement system and shall be	51136
considered on leave of absence during the first five years	51137
following the effective date of a disability benefit.	51138

The state teachers retirement board shall require any	51139
disability benefit recipient to submit to an annual medical	51140
examination by a physician selected by the board, except that the	51141
board may waive the medical examination if the board's physician	51142
certifies that the recipient's disability is ongoing. If a	51143
disability benefit recipient refuses to submit to a medical	51144
examination, the recipient's disability benefit shall be suspended	51145
until the recipient withdraws the refusal. If the refusal	51146
continues for one year, all the recipient's rights under and to	51147
the disability benefit shall be terminated as of the effective	51148
date of the original suspension.	51149

After the examination, the examiner shall report and certify	51150
to the board whether the disability benefit recipient is no longer	51151
physically and mentally incapable of resuming the service from	51152
which the recipient was found disabled. If the board concurs in a	51153
report by the examining physician that the disability benefit	51154
recipient is no longer incapable, the payment of a disability	51155
benefit shall be terminated not later than the following	51156
thirty-first day of August or upon employment as a teacher prior	51157
thereto. If the leave of absence has not expired, the board shall	51158
so certify to the disability benefit recipient's last employer	51159
before being found disabled that the recipient is no longer	51160
physically and mentally incapable of resuming service that is the	51161
same or similar to that from which the recipient was found	51162
disabled. If the recipient was under contract at the time the	51163
recipient was found disabled, the employer by the first day of the	51164
next succeeding year shall restore the recipient to the	51165
recipient's previous position and salary or to a position and	51166
salary similar thereto, unless the recipient was dismissed or	51167
resigned in lieu of dismissal for dishonesty, misfeasance,	51168
malfeasance, or conviction of a felony.	51169

A disability benefit shall terminate if the disability	51170
benefit recipient becomes employed as a teacher in any public or	51171
private school or institution in this state or elsewhere. An	51172
individual receiving a disability benefit from the system shall be	51173
ineligible for any employment as a teacher and it shall be	51174
unlawful for any employer to employ the individual as a teacher.	51175
If any employer should employ or reemploy the individual prior to	51176
the termination of a disability benefit, the employer shall file	51177
notice of employment with the board designating the date of the	51178
employment. If the individual should be paid both a disability	51179
benefit and also compensation for teaching service for all or any	51180
part of the same month, the secretary of the board shall certify	51181
to the employer or to the superintendent of public instruction the	51182
amount of the disability benefit received by the individual during	51183
the employment, which amount shall be deducted from any amount due	51184
the employing district under ~~Chapters 3306. and~~Chapter 3317. of	51185
the Revised Code or shall be paid by the employer to the annuity	51186
and pension reserve fund.	51187

Each disability benefit recipient shall file with the board	51188
an annual statement of earnings, current medical information on	51189
the recipient's condition, and any other information required in	51190
rules adopted by the board. The board may waive the requirement	51191
that a disability benefit recipient file an annual statement of	51192
earnings or current medical information if the board's physician	51193
certifies that the recipient's disability is ongoing.	51194

The board shall annually examine the information submitted by	51195
the recipient. If a disability benefit recipient refuses to file	51196
the statement or information, the disability benefit shall be	51197
suspended until the statement and information are filed. If the	51198
refusal continues for one year, the recipient's right to the	51199
disability benefit shall be terminated as of the effective date of	51200
the original suspension.	51201

A disability benefit also may be terminated by the board at	51202
the request of the disability benefit recipient.	51203

If disability retirement under section 3307.63 of the Revised	51204
Code is terminated for any reason, the annuity and pension	51205
reserves at that time in the annuity and pension reserve fund	51206
shall be transferred to the teachers' savings fund and the	51207
employers' trust fund, respectively. If the total disability	51208
benefit paid was less than the amount of the accumulated	51209
contributions of the member transferred to the annuity and pension	51210
reserve fund at the time of the member's disability retirement,	51211
then the difference shall be transferred from the annuity and	51212
pension reserve fund to another fund as required. In determining	51213
the amount of a member's account following the termination of	51214
disability retirement for any reason, the total amount paid shall	51215
be charged against the member's refundable account.	51216

If a disability allowance paid under section 3307.631 of the	51217
Revised Code is terminated for any reason, the reserve on the	51218
allowance at that time in the annuity and pension reserve fund	51219
shall be transferred from that fund to the employers' trust fund.	51220

If a former disability benefit recipient again becomes a	51221
contributor, other than as an other system retirant under section	51222
3307.35 of the Revised Code, to this retirement system, the school	51223
employees retirement system, or the public employees retirement	51224
system, and completes at least two additional years of service	51225
credit, the former disability benefit recipient shall receive	51226
credit for the period as a disability benefit recipient.	51227

Sec. 3309.22. (A)(1) As used in this division, "personal	51228
history record" means information maintained by the board on an	51229
individual who is a member, former member, contributor, former	51230
contributor, retirant, or beneficiary that includes the address,	51231
telephone number, social security number, record of contributions,	51232
correspondence with the system, and other information the board	51233
determines to be confidential.	51234

(2) The records of the board shall be open to public	51235
inspection, except for the following, which shall be excluded,	51236
except with the written authorization of the individual concerned:	51237

(a) The individual's statement of previous service and other	51238
information as provided for in section 3309.28 of the Revised	51239
Code;	51240

(b) Any information identifying by name and address the	51241
amount of a monthly allowance or benefit paid to the individual;	51242

51243

(B) All medical reports and recommendations required by the	51244
system are privileged except as follows:	51245

(1) Copies of medical reports or recommendations shall be	51246
made available to the personal physician, attorney, or authorized	51247
agent of the individual concerned upon written release received	51248
from the individual or the individual's agent, or when necessary	51249
for the proper administration of the fund, to the board assigned	51250
physician.	51251

(2) Documentation required by section 2929.193 of the Revised	51252
Code shall be provided to a court holding a hearing under that	51253
section.	51254

(C) Any person who is a contributor of the system shall be	51255
furnished, on written request, with a statement of the amount to	51256
the credit of the person's account. The board need not answer more	51257
than one such request of a person in any one year.	51258

(D) Notwithstanding the exceptions to public inspection in	51259
division (A)(2) of this section, the board may furnish the	51260
following information:	51261

(1) If a member, former member, contributor, former	51262
contributor, or retirant is subject to an order issued under	51263
section 2907.15 of the Revised Code or an order issued under	51264
division (A) or (B) of section 2929.192 of the Revised Code or is	51265
convicted of or pleads guilty to a violation of section 2921.41 of	51266
the Revised Code, on written request of a prosecutor as defined in	51267
section 2935.01 of the Revised Code, the board shall furnish to	51268
the prosecutor the information requested from the individual's	51269
personal history record.	51270

(2) Pursuant to a court or administrative order issued under	51271
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the	51272
Revised Code, the board shall furnish to a court or child support	51273
enforcement agency the information required under that section.	51274

(3) At the written request of any person, the board shall	51275
provide to the person a list of the names and addresses of	51276
members, former members, retirants, contributors, former	51277
contributors, or beneficiaries. The costs of compiling, copying,	51278
and mailing the list shall be paid by such person.	51279

(4) Within fourteen days after receiving from the director of	51280
job and family services a list of the names and social security	51281
numbers of recipients of public assistance pursuant to section	51282
5101.181 of the Revised Code, the board shall inform the auditor	51283
of state of the name, current or most recent employer address, and	51284
social security number of each contributor whose name and social	51285
security number are the same as that of a person whose name or	51286
social security number was submitted by the director. The board	51287
and its employees shall, except for purposes of furnishing the	51288
auditor of state with information required by this section,	51289
preserve the confidentiality of recipients of public assistance in	51290
compliance with ~~division (A) of~~ section 5101.181 of the Revised	51291
Code.	51292

(5) The system shall comply with orders issued under section	51293
3105.87 of the Revised Code.	51294

On the written request of an alternate payee, as defined in	51295
section 3105.80 of the Revised Code, the system shall furnish to	51296
the alternate payee information on the amount and status of any	51297
amounts payable to the alternate payee under an order issued under	51298
section 3105.171 or 3105.65 of the Revised Code.	51299

(6) At the request of any person, the board shall make	51300
available to the person copies of all documents, including	51301
resumes, in the board's possession regarding filling a vacancy of	51302
an employee member or retirant member of the board. The person who	51303
made the request shall pay the cost of compiling, copying, and	51304
mailing the documents. The information described in this division	51305
is a public record.	51306

(7) The system shall provide the notice required by section	51307
3309.673 of the Revised Code to the prosecutor assigned to the	51308
case.	51309

(E) A statement that contains information obtained from the	51310
system's records that is signed by an officer of the retirement	51311
system and to which the system's official seal is affixed, or	51312
copies of the system's records to which the signature and seal are	51313
attached, shall be received as true copies of the system's records	51314
in any court or before any officer of this state.	51315

Sec. 3309.41. (A) A disability benefit recipient shall	51316
retain membership status and shall be considered on leave of	51317
absence from employment during the first five years following the	51318
effective date of a disability benefit, notwithstanding any	51319
contrary provisions in Chapter 124. or 3319. of the Revised Code.	51320

(B) The school employees retirement board shall require a	51321
disability benefit recipient to undergo an annual medical	51322
examination, except that the board may waive the medical	51323
examination if the board's physician or physicians certify that	51324
the recipient's disability is ongoing. Should any disability	51325
benefit recipient refuse to submit to a medical examination, the	51326
recipient's disability benefit shall be suspended until withdrawal	51327
of the refusal. Should the refusal continue for one year, all the	51328
recipient's rights in and to the disability benefit shall be	51329
terminated as of the effective date of the original suspension.	51330

(C) On completion of the examination by an examining	51331
physician or physicians selected by the board, the physician or	51332
physicians shall report and certify to the board whether the	51333
disability benefit recipient is no longer physically and mentally	51334
incapable of resuming the service from which the recipient was	51335
found disabled. If the board concurs in the report that the	51336
disability benefit recipient is no longer incapable, the payment	51337
of the disability benefit shall be terminated not later than three	51338
months after the date of the board's concurrence or upon	51339
employment as an employee. If the leave of absence has not	51340
expired, the retirement board shall certify to the disability	51341
benefit recipient's last employer before being found disabled that	51342
the recipient is no longer physically and mentally incapable of	51343
resuming service that is the same or similar to that from which	51344
the recipient was found disabled. The employer shall restore the	51345
recipient to the recipient's previous position and salary or to a	51346
position and salary similar thereto not later than the first day	51347
of the first month following termination of the disability	51348
benefit, unless the recipient was dismissed or resigned in lieu of	51349
dismissal for dishonesty, misfeasance, malfeasance, or conviction	51350
of a felony.	51351

(D) Each disability benefit recipient shall file with the	51352
board an annual statement of earnings, current medical information	51353
on the recipient's condition, and any other information required	51354
in rules adopted by the board. The board may waive the requirement	51355
that a disability benefit recipient file an annual statement of	51356
earnings or current medical information on the recipient's	51357
condition if the board's physician or physicians certify that the	51358
recipient's disability is ongoing.	51359

The board shall annually examine the information submitted by	51360
the recipient. If a disability benefit recipient refuses to file	51361
the statement or information, the disability benefit shall be	51362
suspended until the statement and information are filed. If the	51363
refusal continues for one year, the recipient's right to the	51364
disability benefit shall be terminated as of the effective date of	51365
the original suspension.	51366

(E) If a disability benefit recipient is employed by an	51367
employer covered by this chapter, the recipient's disability	51368
benefit shall cease.	51369

(F) If disability retirement under section 3309.40 of the	51370
Revised Code is terminated for any reason, the annuity and pension	51371
reserves at that time in the annuity and pension reserve fund	51372
shall be transferred to the employees' savings fund and the	51373
employers' trust fund, respectively. If the total disability	51374
benefit paid is less than the amount of the accumulated	51375
contributions of the member transferred into the annuity and	51376
pension reserve fund at the time of the member's disability	51377
retirement, the difference shall be transferred from the annuity	51378
and pension reserve fund to another fund as may be required. In	51379
determining the amount of a member's account following the	51380
termination of disability retirement for any reason, the amount	51381
paid shall be charged against the member's refundable account.	51382

If a disability allowance paid under section 3309.401 of the	51383
Revised Code is terminated for any reason, the reserve on the	51384
allowance at that time in the annuity and pension reserve fund	51385
shall be transferred from that fund to the employers' trust fund.	51386

The board may terminate a disability benefit at the request	51387
of the recipient.	51388

(G) If a disability benefit is terminated and a former	51389
disability benefit recipient again becomes a contributor, other	51390
than as an other system retirant as defined in section 3309.341 of	51391
the Revised Code, to this system, the public employees retirement	51392
system, or the state teachers retirement system, and completes an	51393
additional two years of service credit after the termination of	51394
the disability benefit, the former disability benefit recipient	51395
shall be entitled to full service credit for the period as a	51396
disability benefit recipient.	51397

(H) If any employer employs any member who is receiving a	51398
disability benefit, the employer shall file notice of employment	51399
with the retirement board, designating the date of employment. In	51400
case the notice is not filed, the total amount of the benefit paid	51401
during the period of employment prior to notice shall be paid from	51402
amounts allocated under ~~Chapters 3306. and~~Chapter 3317. of the	51403
Revised Code prior to its distribution to the school district in	51404
which the disability benefit recipient was so employed.	51405

Sec. 3309.48. Any employee who left the service of an	51406
employer after attaining age sixty-five or over and such employer	51407
had failed or refused to deduct and transmit to the school	51408
employees retirement system the employee contributions as required	51409
by section 3309.47 of the Revised Code during any year for which	51410
membership was compulsory as determined by the school employees	51411
retirement board, shall be granted service credit without cost,	51412
which shall be considered as total service credit for the purposes	51413
of meeting the qualifications for service retirement provided by	51414
the law in effect on and retroactive to the first eligible	51415
retirement date following the date such employment terminated, but	51416
shall not be paid until formal application for such allowance on a	51417
form provided by the retirement board is received in the office of	51418
the retirement system. The total service credit granted under this	51419
section shall not exceed ten years for any such employee.	51420

The liability incurred by the retirement board because of the	51421
service credit granted under this section shall be determined by	51422
the retirement board, the cost of which shall be equal to an	51423
amount that is determined by applying the combined employee and	51424
employer rates of contribution against the compensation of such	51425
employee at the rates of contribution and maximum salary	51426
provisions in effect during such employment for each year for	51427
which credit is granted, together with interest at the rate to be	51428
credited accumulated contributions at retirement, compounded	51429
annually from the first day of the month payment was due the	51430
retirement system to and including the month of deposit, the total	51431
amount of which shall be collected from the employer. Such amounts	51432
shall be certified by the retirement board to the superintendent	51433
of public instruction, who shall deduct the amount due the system	51434
from any funds due the affected school district under ~~Chapters~~	51435
~~3306. and~~Chapter 3317. of the Revised Code. The superintendent	51436
shall certify to the director of budget and management the amount	51437
due the system for payment. The total amount paid shall be	51438
deposited into the employers' trust fund, and shall not be	51439
considered as accumulated contributions of the employee in the	51440
event of the employee's death or withdrawal of funds.	51441

Sec. 3309.51. (A) Each employer shall pay annually into the	51442
employers' trust fund, in such monthly or less frequent	51443
installments as the school employees retirement board requires, an	51444
amount certified by the school employees retirement board, which	51445
shall be as required by Chapter 3309. of the Revised Code.	51446

Payments by school district boards of education to the	51447
employers' trust fund of the school employees retirement system	51448
may be made from the amounts allocated under ~~Chapters 3306. and~~	51449
Chapter 3317. of the Revised Code prior to their distribution to	51450
the individual school districts. The amount due from each school	51451
district may be certified by the secretary of the system to the	51452
superintendent of public instruction monthly, or at such times as	51453
is determined by the school employees retirement board.	51454

Payments by governing authorities of community schools to the	51455
employers' trust fund of the school employees retirement system	51456
shall be made from the amounts allocated under section 3314.08 of	51457
the Revised Code prior to their distribution to the individual	51458
community schools. The amount due from each community school shall	51459
be certified by the secretary of the system to the superintendent	51460
of public instruction monthly, or at such times as determined by	51461
the school employees retirement board.	51462

Payments by a science, technology, engineering, and	51463
mathematics school to the employers' trust fund of the school	51464
employees retirement system shall be made from the amounts	51465
allocated under section 3326.33 of the Revised Code prior to their	51466
distribution to the school. The amount due from a science,	51467
technology, engineering, and mathematics school shall be certified	51468
by the secretary of the school employees retirement system to the	51469
superintendent of public instruction monthly, or at such times as	51470
determined by the school employees retirement board.	51471

(B) The superintendent shall deduct from the amount allocated	51472
to each community school under section 3314.08 of the Revised	51473
Code, to each school district under ~~Chapters 3306. and~~Chapter	51474
3317. of the Revised Code, or to each science, technology,	51475
engineering, and mathematics school under section 3326.33 of the	51476
Revised Code the entire amounts due to the school employees	51477
retirement system from such school or school district upon the	51478
certification to the superintendent by the secretary thereof.	51479

(C) Where an employer fails or has failed or refuses to make	51480
payments to the employers' trust fund, as provided for under	51481
Chapter 3309. of the Revised Code, the secretary of the school	51482
employees retirement system may certify to the state	51483
superintendent of public instruction, monthly or at such times as	51484
is determined by the school employees retirement board, the amount	51485
due from such employer, and the superintendent shall deduct from	51486
the amount allocated to the employer under section 3314.08 or	51487
3326.33 or Chapter ~~3306. or~~ 3317. of the Revised Code, as	51488
applicable, the entire amounts due to the system from the employer	51489
upon the certification to the superintendent by the secretary of	51490
the school employees retirement system.	51491

(D) The superintendent shall certify to the director of	51492
budget and management the amounts thus due the system for payment.	51493

Sec. 3309.66. The right of an individual to a pension, an	51494
annuity, or a retirement allowance itself, the right of an	51495
individual to any optional benefit, any other right accrued or	51496
accruing to any individual under this chapter, the various funds	51497
created by section 3309.60 of the Revised Code, and all moneys,	51498
investments, and income from moneys and investments are exempt	51499
from any state tax, except the tax imposed by section 5747.02 of	51500
the Revised Code, and are exempt from any county, municipal, or	51501
other local tax, except income taxes imposed pursuant to section	51502
5748.02 or, 5748.08, or 5748.09 of the Revised Code, and, except	51503
as provided in sections 3105.171, 3105.65, 3115.32, 3119.80,	51504
3119.81, 3121.02, 3121.03, 3123.06, 3309.67, 3309.672, and	51505
3309.673 of the Revised Code, shall not be subject to execution,	51506
garnishment, attachment, the operation of bankruptcy or insolvency	51507
laws, or any other process of law whatsoever, and shall be	51508
unassignable except as specifically provided in this chapter and	51509
in sections 3105.171, 3105.65, 3115.32, 3119.80, 3119.81, 3121.02,	51510
3121.03, and 3123.06 of the Revised Code.	51511

Sec. 3310.02. (A) The educational choice scholarship pilot	51512
program is hereby established. Under the program, the department	51513
of education annually shall pay scholarships to attend chartered	51514
nonpublic schools in accordance with section 3310.08 of the	51515
Revised Code for up to ~~fourteen thousand~~the following number of	51516
eligible students:	51517

(1) Thirty thousand in the 2011-2012 school year;

51518

(2) Sixty thousand in the 2012-2013 school year and	51519
thereafter. If	51520

(B) If the number of students who apply for a scholarship	51521
exceeds ~~fourteen thousand~~the number of scholarships available	51522
under division (A) of this section for the applicable school year,	51523
the department shall award scholarships in the following order of	51524
priority:	51525

~~(A)~~(1) First, to eligible students who received scholarships	51526
in the prior school year;	51527

~~(B)~~(2) Second, to eligible students with family incomes at or	51528
below two hundred per cent of the federal poverty guidelines, as	51529
defined in section 5101.46 of the Revised Code, who qualify under	51530
division (A) of section 3310.03 of the Revised Code. If the number	51531
of students described in ~~this~~ division (B)(2) of this section who	51532
apply for a scholarship exceeds the number of available	51533
scholarships after awards are made under division ~~(A)~~(B)(1) of	51534
this section, the department shall select students described in	51535
~~this~~ division (B)(2) of this section by lot to receive any	51536
remaining scholarships.	51537

~~(C)~~(3) Third, to other eligible students who qualify under	51538
division (A) of section 3310.03 of the Revised Code. If the number	51539
of students described in ~~this~~ division (B)(3) of this section who	51540
apply for a scholarship exceeds the number of available	51541
scholarships after awards are made under divisions ~~(A)~~(B)(1) and	51542
~~(B)~~(2) of this section, the department shall select students	51543
described in ~~this~~ division (B)(3) of this section by lot to	51544
receive any remaining scholarships.	51545

(4) Fourth, to eligible students with family incomes at or	51546
below two hundred per cent of the federal poverty guidelines who	51547
qualify under division (B) of section 3310.03 of the Revised Code.	51548
If the number of students described in division (B)(4) of this	51549
section who apply for a scholarship exceeds the number of	51550
available scholarships after awards are made under divisions	51551
(B)(1) to (3) of this section, the department shall select	51552
students described in division (B)(4) of this section by lot to	51553
receive any remaining scholarships.	51554

(5) Fifth, to other eligible students who qualify under	51555
division (B) of section 3310.03 of the Revised Code. If the number	51556
of students described in division (B)(5) of this section who apply	51557
for a scholarship exceeds the number of available scholarships	51558
after awards are made under divisions (B)(1) to (4) of this	51559
section, the department shall select students described in	51560
division (B)(5) of this section by lot to receive any remaining	51561
scholarships.	51562

Sec. 3310.03. ~~(A)~~ A student is an "eligible student" for	51563
purposes of the educational choice scholarship pilot program if	51564
the student's resident district is not a school district in which	51565
the pilot project scholarship program is operating under sections	51566
3313.974 to 3313.979 of the Revised Code and the student satisfies	51567
one of the ~~following~~ conditions in division (A) or (B) of this	51568
section:	51569

(A)(1) The student is enrolled in a school building that is	51570
operated by the student's resident district and to which both of	51571
the following apply:	51572

(a) The building was declared, in at least two of the three	51573
most recent ratings of school buildings published prior to the	51574
first day of July of the school year for which a scholarship is	51575
sought, to be in a state of academic emergency or academic watch	51576
under section 3302.03 of the Revised Code;	51577

(b) The building was not declared to be excellent or	51578
effective under that section in the most recent rating published	51579
prior to the first day of July of the school year for which a	51580
scholarship is sought.	51581

(2) The student is eligible to enroll in kindergarten in the	51582
school year for which a scholarship is sought and otherwise would	51583
be assigned under section 3319.01 of the Revised Code to a school	51584
building described in division (A)(1) of this section.	51585

(3) The student is enrolled in a community school established	51586
under Chapter 3314. of the Revised Code but otherwise would be	51587
assigned under section 3319.01 of the Revised Code to a building	51588
described in division (A)(1) of this section.	51589

(4) The student is enrolled in a school building that is	51590
operated by the student's resident district or in a community	51591
school established under Chapter 3314. of the Revised Code and	51592
otherwise would be assigned under section 3319.01 of the Revised	51593
Code to a school building described in division (A)(1) of this	51594
section in the school year for which the scholarship is sought.	51595

(5) The student is eligible to enroll in kindergarten in the	51596
school year for which a scholarship is sought, or is enrolled in a	51597
community school established under Chapter 3314. of the Revised	51598
Code, and all of the following apply to the student's resident	51599
district:	51600

(a) The district has in force an intradistrict open	51601
enrollment policy under which no student in kindergarten or the	51602
community school student's grade level, respectively, is	51603
automatically assigned to a particular school building;	51604

(b) In at least two of the three most recent ratings of	51605
school districts published prior to the first day of July of the	51606
school year for which a scholarship is sought, the district was	51607
declared to be in a state of academic emergency under section	51608
3302.03 of the Revised Code;	51609

(c) The district was not declared to be excellent or	51610
effective under that section in the most recent rating published	51611
prior to the first day of July of the school year for which a	51612
scholarship is sought.	51613

(B)(1) The student is enrolled in a school building that is	51614
operated by the student's resident district and to which both of	51615
the following apply:	51616

(a) The building was ranked, for at least two of the three	51617
most recent rankings published under section 3302.21 of the	51618
Revised Code prior to the first day of July of the school year for	51619
which a scholarship is sought, in the lowest ten per cent of	51620
school district buildings according to performance index score.	51621

(b) The building was not declared to be excellent or	51622
effective under section 3302.03 of the Revised Code in the most	51623
recent rating published prior to the first day of July of the	51624
school year for which a scholarship is sought.	51625

(2) The student is eligible to enroll in kindergarten in the	51626
school year for which a scholarship is sought and otherwise would	51627
be assigned under section 3319.01 of the Revised Code to a school	51628
building described in division (B)(1) of this section.	51629

(3) The student is enrolled in a community school established	51630
under Chapter 3314. of the Revised Code but otherwise would be	51631
assigned under section 3319.01 of the Revised Code to a building	51632
described in division (B)(1) of this section.	51633

(4) The student is enrolled in a school building that is	51634
operated by the student's resident district or in a community	51635
school established under Chapter 3314. of the Revised Code and	51636
otherwise would be assigned under section 3319.01 of the Revised	51637
Code to a school building described in division (B)(1) of this	51638
section in the school year for which the scholarship is sought.	51639

(C) A student who receives a scholarship under the	51640
educational choice scholarship pilot program remains an eligible	51641
student and may continue to receive scholarships in subsequent	51642
school years until the student completes grade twelve, so long as	51643
all of the following apply:	51644

(1) The student's resident district remains the same, or the	51645
student transfers to a new resident district and otherwise would	51646
be assigned in the new resident district to a school building	51647
described in division (A)(1) or ~~(6)~~(B)(1) of this section;	51648

(2) The student takes each assessment prescribed for the	51649
student's grade level under section 3301.0710 or 3301.0712 of the	51650
Revised Code while enrolled in a chartered nonpublic school;	51651

(3) In each school year that the student is enrolled in a	51652
chartered nonpublic school, the student is absent from school for	51653
not more than twenty days that the school is open for instruction,	51654
not including excused absences.	51655

~~(C)~~(D)(1) The department shall cease awarding first-time	51656
scholarships pursuant to divisions (A)(1) to (4) of this section	51657
with respect to a school building that, in the most recent ratings	51658
of school buildings published under section 3302.03 of the Revised	51659
Code prior to the first day of July of the school year, ceases to	51660
meet the criteria in division (A)(1) of this section. The	51661
department shall cease awarding first-time scholarships pursuant	51662
to division (A)(5) of this section with respect to a school	51663
district that, in the most recent ratings of school districts	51664
published under section 3302.03 of the Revised Code prior to the	51665
first day of July of the school year, ceases to meet the criteria	51666
in division (A)(5) of this section. ~~However~~	51667

(2) The department shall cease awarding first-time	51668
scholarships pursuant to divisions (B)(1) to (4) of this section	51669
with respect to a school building that, in the most recent ratings	51670
of school buildings under section 3302.03 of the Revised Code	51671
prior to the first day of July of the school year, ceases to meet	51672
the criteria in division (B)(1) of this section.	51673

(3) However, students who have received scholarships in the	51674
prior school year remain eligible students pursuant to division	51675
~~(B)~~(C) of this section.	51676

~~(D)~~(E) The state board of education shall adopt rules	51677
defining excused absences for purposes of division ~~(B)~~(C)(3) of	51678
this section.	51679

Sec. 3310.05. A scholarship under the educational choice	51680
scholarship pilot program is not available for any student whose	51681
resident district is a school district in which the pilot project	51682
scholarship program is operating under sections 3313.974 to	51683
3313.979 of the Revised Code. The two pilot programs are separate	51684
and distinct~~. The general assembly has prescribed separate~~	51685
~~scholarship amounts for the two pilot programs in recognition of~~	51686
~~their~~, with differing eligibility criteria. The pilot project	51687
scholarship program operating under sections 3313.974 to 3313.979	51688
of the Revised Code is a district-wide program that may award	51689
scholarships to students who do not attend district schools that	51690
face academic challenges, whereas the educational choice	51691
scholarship pilot program established under sections 3310.01 to	51692
3310.17 of the Revised Code is limited to students of individual	51693
district school buildings that face academic challenges.	51694

Sec. 3310.08. (A) The amount paid for an eligible student	51695
under the educational choice scholarship pilot program shall be	51696
the lesser of the tuition of the chartered nonpublic school in	51697
which the student is enrolled or the maximum amount prescribed in	51698
section 3310.09 of the Revised Code.	51699

(B)(1) The department shall pay to the parent of each	51700
eligible student for whom a scholarship is awarded under the	51701
program, or to the student if at least eighteen years of age,	51702
periodic partial payments of the scholarship.	51703

(2) The department shall proportionately reduce or terminate	51704
the payments for any student who withdraws from a chartered	51705
nonpublic school prior to the end of the school year.	51706

(C)(1) The department shall deduct ~~five thousand two hundred~~	51707
~~dollars~~ from the payments made to each school district under	51708
~~Chapters 3306. and~~Chapter 3317., and, if necessary, sections	51709
321.24 and 323.156 of the Revised Code, the amount paid under	51710
division (B) of this section for each eligible student awarded a	51711
scholarship under the ~~educational choice scholarship pilot~~ program	51712
who is entitled under section 3313.64 or 3313.65 of the Revised	51713
Code to attend school in the district.	51714

~~The amount deducted under division (C)(1) of this section~~	51715
~~funds scholarships for students under both the educational choice~~	51716
~~scholarship pilot program and the pilot project scholarship~~	51717
~~program under sections 3313.974 to 3313.979 of the Revised Code.~~	51718

(2) If the department reduces or terminates payments to a	51719
parent or a student, as prescribed in division (B)(2) of this	51720
section, and the student enrolls in the schools of the student's	51721
resident district or in a community school, established under	51722
Chapter 3314. of the Revised Code, before the end of the school	51723
year, the department shall proportionally restore to the resident	51724
district the amount deducted for that student under division	51725
(C)(1) of this section.	51726

~~(D) In the case of any school district from which a deduction~~	51727
~~is made under division (C) of this section, the department shall~~	51728
~~disclose on the district's SF-3 form, or any successor to that~~	51729
~~form used to calculate a district's state funding for operating~~	51730
~~expenses, a comparison of the following:~~	51731

~~(1) The district's state share of the adequacy amount~~	51732
~~payment, as calculated under section 3306.13 of the Revised Code~~	51733
~~with the scholarship students included in the district's formula~~	51734
~~ADM;~~	51735

~~(2) What the district's state share of the adequacy amount~~	51736
~~payment would have been, as calculated under that section if the~~	51737
~~scholarship students were not included in the district's formula~~	51738
~~ADM.~~	51739

~~This comparison shall display both the aggregate difference~~	51740
~~between the amounts described in divisions (D)(1) and (2) of this~~	51741
~~section, and the quotient of that aggregate difference divided by~~	51742
~~the number of eligible students for whom deductions are made under~~	51743
~~division (C) of this section.~~	51744

Sec. 3310.41. (A) As used in this section:

51745

(1) "Alternative public provider" means either of the	51746
following providers that agrees to enroll a child in the	51747
provider's special education program to implement the child's	51748
individualized education program and to which the child's parent	51749
owes fees for the services provided to the child:	51750

(a) A school district that is not the school district in	51751
which the child is entitled to attend school;	51752

(b) A public entity other than a school district.

51753

(2) "Entitled to attend school" means entitled to attend	51754
school in a school district under section 3313.64 or 3313.65 of	51755
the Revised Code.	51756

(3) "Formula ADM" and "category six special education ADM"	51757
have the same meanings as in section 3317.02 of the Revised Code.	51758

(4) "Preschool child with a disability" and "individualized	51759
education program" have the same meanings as in section 3323.01 of	51760
the Revised Code.	51761

(5) "Parent" has the same meaning as in section 3313.64 of	51762
the Revised Code, except that "parent" does not mean a parent	51763
whose custodial rights have been terminated.	51764

(6) "Preschool scholarship ADM" means the number of preschool	51765
children with disabilities reported under division (B)(3)(h) of	51766
section 3317.03 of the Revised Code.	51767

(7) "Qualified special education child" is a child for whom	51768
all of the following conditions apply:	51769

(a) The school district in which the child is entitled to	51770
attend school has identified the child as autistic. A child who	51771
has been identified as having a "pervasive developmental disorder	51772
- not otherwise specified (PPD-NOS)" shall be considered to be an	51773
autistic child for purposes of this section.	51774

(b) The school district in which the child is entitled to	51775
attend school has developed an individualized education program	51776
under Chapter 3323. of the Revised Code for the child.	51777

51778

(i) Was enrolled in the school district in which the child is	51779
entitled to attend school in any grade from preschool through	51780
twelve in the school year prior to the year in which a scholarship	51781
under this section is first sought for the child; or	51782

(ii) Is eligible to enter school in any grade preschool	51783
through twelve in the school district in which the child is	51784
entitled to attend school in the school year in which a	51785
scholarship under this section is first sought for the child.	51786

(8) "Registered private provider" means a nonpublic school or	51787
other nonpublic entity that has been approved by the department of	51788
education to participate in the program established under this	51789
section.	51790

(9) "Special education program" means a school or facility	51791
that provides special education and related services to children	51792
with disabilities.	51793

(B) There is hereby established the autism scholarship	51794
program. Under the program, the department of education shall pay	51795
a scholarship to the parent of each qualified special education	51796
child upon application of that parent pursuant to procedures and	51797
deadlines established by rule of the state board of education.	51798
Each scholarship shall be used only to pay tuition for the child	51799
on whose behalf the scholarship is awarded to attend a special	51800
education program that implements the child's individualized	51801
education program and that is operated by an alternative public	51802
provider or by a registered private provider. Each scholarship	51803
shall be in an amount not to exceed the lesser of the tuition	51804
charged for the child by the special education program or twenty	51805
thousand dollars. The purpose of the scholarship is to permit the	51806
parent of a qualified special education child the choice to send	51807
the child to a special education program, instead of the one	51808
operated by or for the school district in which the child is	51809
entitled to attend school, to receive the services prescribed in	51810
the child's individualized education program once the	51811
individualized education program is finalized. AThe services	51812
provided under the scholarship shall include an educational	51813
component.	51814

A scholarship under this section shall not be awarded to the	51815
parent of a child while the child's individualized education	51816
program is being developed by the school district in which the	51817
child is entitled to attend school, or while any administrative or	51818
judicial mediation or proceedings with respect to the content of	51819
the child's individualized education program are pending. A	51820
scholarship under this section shall not be used for a child to	51821
attend a public special education program that operates under a	51822
contract, compact, or other bilateral agreement between the school	51823
district in which the child is entitled to attend school and	51824
another school district or other public provider, or for a child	51825
to attend a community school established under Chapter 3314. of	51826
the Revised Code. However, nothing in this section or in any rule	51827
adopted by the state board shall prohibit a parent whose child	51828
attends a public special education program under a contract,	51829
compact, or other bilateral agreement, or a parent whose child	51830
attends a community school, from applying for and accepting a	51831
scholarship under this section so that the parent may withdraw the	51832
child from that program or community school and use the	51833
scholarship for the child to attend a special education program	51834
for which the parent is required to pay for services for the	51835
child. A	51836

A child attending a special education program with a	51837
scholarship under this section shall continue to be entitled to	51838
transportation to and from that program in the manner prescribed	51839
by law.	51840

(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and	51841
(B)(10) of section 3317.03 of the Revised Code, a child who is not	51842
a preschool child with a disability for whom a scholarship is	51843
awarded under this section shall be counted in the formula ADM and	51844
the category six special education ADM of the district in which	51845
the child is entitled to attend school and not in the formula ADM	51846
and the category six special education ADM of any other school	51847
district. As prescribed in divisions (B)(3)(h) and (B)(10) of	51848
section 3317.03 of the Revised Code, a child who is a preschool	51849
child with a disability for whom a scholarship is awarded under	51850
this section shall be counted in the preschool scholarship ADM and	51851
category six special education ADM of the school district in which	51852
the child is entitled to attend school and not in the preschool	51853
scholarship ADM or category six special education ADM of any other	51854
school district.	51855

(2) In each fiscal year, the department shall deduct from the	51856
amounts paid to each school district under ~~Chapters 3306. and~~	51857
Chapter 3317. of the Revised Code, and, if necessary, sections	51858
321.24 and 323.156 of the Revised Code, the aggregate amount of	51859
scholarships awarded under this section for qualified special	51860
education children included in the formula ADM, or preschool	51861
scholarship ADM, and in the category six special education ADM of	51862
that school district as provided in division (C)(1) of this	51863
section. ~~When computing the school district's instructional~~	51864
~~services support under section 3306.05 of the Revised Code, the~~	51865
~~department shall add the district's preschool scholarship ADM to~~	51866
~~the district's formula ADM.~~	51867

The scholarships deducted shall be considered as an approved	51868
special education and related services expense of the school	51869
district.	51870

(3) From time to time, the department shall make a payment to	51871
the parent of each qualified special education child for whom a	51872
scholarship has been awarded under this section. The scholarship	51873
amount shall be proportionately reduced in the case of any such	51874
child who is not enrolled in the special education program for	51875
which a scholarship was awarded under this section for the entire	51876
school year. The department shall make no payments to the parent	51877
of a child while any administrative or judicial mediation or	51878
proceedings with respect to the content of the child's	51879
individualized education program are pending.	51880

(D) A scholarship shall not be paid to a parent for payment	51881
of tuition owed to a nonpublic entity unless that entity is a	51882
registered private provider. The department shall approve entities	51883
that meet the standards established by rule of the state board for	51884
the program established under this section.	51885

(E) The state board shall adopt rules under Chapter 119. of	51886
the Revised Code prescribing procedures necessary to implement	51887
this section, including, but not limited to, procedures and	51888
deadlines for parents to apply for scholarships, standards for	51889
registered private providers, and procedures for approval of	51890
entities as registered private providers.	51891

Sec. 3310.51. As used in sections 3310.51 to 3310.64 of the	51892
Revised Code:	51893

(A) "Alternative public provider" means either of the	51894
following providers that agrees to enroll a child in the	51895
provider's special education program to implement the child's	51896
individualized education program and to which the eligible	51897
applicant owes fees for the services provided to the child:	51898

(1) A school district that is not the school district in	51899
which the child is entitled to attend school or the child's school	51900
district of residence, if different;	51901

(2) A public entity other than a school district.

51902

(B) "Child with a disability" and "individualized education	51903
program" have the same meanings as in section 3323.01 of the	51904
Revised Code.	51905

51906

(1) Either of the natural or adoptive parents of a qualified	51907
special education child, except as otherwise specified in this	51908
division. When the marriage of the natural or adoptive parents of	51909
the student has been terminated by a divorce, dissolution of	51910
marriage, or annulment, or when the natural or adoptive parents of	51911
the student are living separate and apart under a legal separation	51912
decree, and a court has issued an order allocating the parental	51913
rights and responsibilities with respect to the child, "eligible	51914
applicant" means the residential parent as designated by the	51915
court. If the court issues a shared parenting decree, "eligible	51916
applicant" means either parent. "Eligible applicant" does not mean	51917
a parent whose custodial rights have been terminated.	51918

(2) The custodian of a qualified special education child,	51919
when a court has granted temporary, legal, or permanent custody of	51920
the child to an individual other than either of the natural or	51921
adoptive parents of the child or to a government agency;	51922

(3) The guardian of a qualified special education child, when	51923
a court has appointed a guardian for the child;	51924

(4) The grandparent of a qualified special education child,	51925
when the grandparent is the child's attorney in fact under a power	51926
of attorney executed under sections 3109.51 to 3109.62 of the	51927
Revised Code or when the grandparent has executed a caregiver	51928
authorization affidavit under sections 3109.65 to 3109.73 of the	51929
Revised Code;	51930

(5) The surrogate parent appointed for a qualified special	51931
education child pursuant to division (B) of section 3323.05 and	51932
section 3323.051 of the Revised Code;	51933

(6) A qualified special education child, if the child does	51934
not have a custodian or guardian and the child is at least	51935
eighteen years of age.	51936

(D) "Entitled to attend school" means entitled to attend	51937
school in a school district under sections 3313.64 and 3313.65 of	51938
the Revised Code.	51939

(E) "Formula ADM" and "formula amount" have the same meanings	51940
as in section 3317.02 of the Revised Code.	51941

(F) "Qualified special education child" is a child for whom	51942
all of the following conditions apply:	51943

(1) The child is at least five years of age and less than	51944
twenty-two years of age.	51945

(2) The school district in which the child is entitled to	51946
attend school, or the child's school district of residence if	51947
different, has identified the child as a child with a disability.	51948

(3) The school district in which the child is entitled to	51949
attend school, or the child's school district of residence if	51950
different, has developed an individualized education program under	51951
Chapter 3323. of the Revised Code for the child.	51952

(4) The child either:

51953

(a) Was enrolled in the schools of the school district in	51954
which the child is entitled to attend school in any grade from	51955
kindergarten through twelve in the school year prior to the school	51956
year in which a scholarship is first sought for the child;	51957

(b) Is eligible to enter school in any grade kindergarten	51958
through twelve in the school district in which the child is	51959
entitled to attend school in the school year in which a	51960
scholarship is first sought for the child.	51961

(5) The department of education has not approved a	51962
scholarship for the child under the educational choice scholarship	51963
pilot program, under sections 3310.01 to 3310.17 of the Revised	51964
Code, or the autism scholarship program, under section 3310.41 of	51965
the Revised Code, for the same school year in which a scholarship	51966
under the special education scholarship program is sought.	51967

(6) The child and the child's parents are in compliance with	51968
the state compulsory attendance law under Chapter 3321. of the	51969
Revised Code.	51970

(G) "Registered private provider" means a nonpublic school or	51971
other nonpublic entity that has been registered by the	51972
superintendent of public instruction under section 3310.58 of the	51973
Revised Code.	51974

(H) "Scholarship" means a scholarship awarded under the	51975
special education scholarship program pursuant to sections 3310.51	51976
to 3310.64 of the Revised Code.	51977

(I) "School district of residence" has the same meaning as in	51978
section 3323.01 of the Revised Code. A community school	51979
established under Chapter 3314. of the Revised Code is not a	51980
"school district of residence" for purposes of sections 3310.51 to	51981
3310.64 of the Revised Code.	51982

(J) "School year" has the same meaning as in section 3313.62	51983
of the Revised Code.	51984

(K) "Special education program" means a school or facility	51985
that provides special education and related services to children	51986
with disabilities.	51987

Sec. 3310.52. (A) The special education scholarship program	51988
is hereby established. Under the program, subject to division (B)	51989
of this section, the department of education annually shall pay a	51990
scholarship to an eligible applicant for services provided by an	51991
alternative public provider or a registered private provider for a	51992
qualified special education child. The scholarship shall be used	51993
only to pay all or part of the fees for the child to attend the	51994
special education program operated by the alternative public	51995
provider or registered private provider to implement the child's	51996
individualized education program, in lieu of the child's attending	51997
the special education program operated by the school district in	51998
which the child is entitled to attend school, and other services	51999
agreed to by the provider and eligible applicant that are not	52000
included in the individualized education program but are	52001
associated with educating the child. Upon agreement with the	52002
eligible applicant, the alternative public provider or registered	52003
private provider may modify the services provided to the child.	52004

(B) The number of scholarships awarded under the program in	52005
any fiscal year shall not exceed five per cent of the total number	52006
of students residing in the state identified as children with	52007
disabilities during the previous fiscal year.	52008

(C) No scholarship or renewal of a scholarship shall be	52009
awarded to an eligible applicant on behalf of a qualified special	52010
education child for the next school year, unless on or before the	52011
application deadline the eligible applicant completes the	52012
application for the scholarship or renewal, in the manner	52013
prescribed by the department, and notifies the school district in	52014
which the child is entitled to attend school that the eligible	52015
applicant has applied for the scholarship or renewal.	52016

The application deadline for academic terms that begin	52017
between the first day of July and the thirty-first day of December	52018
shall be the fifteenth day of April that precedes the first day of	52019
instruction. The application deadline for academic terms that	52020
begin between the first day of January and the thirtieth day of	52021
June shall be the fifteenth day of November that precedes the	52022
first day of instruction.	52023

Sec. 3310.521. (A) As a condition of receiving payments for a	52024
scholarship, each eligible applicant shall attest to receipt of	52025
the profile prescribed by division (B) of this section. Such	52026
attestation shall be made and submitted to the department of	52027
education in the form and manner as required by the department.	52028

(B) The alternative public provider or registered private	52029
provider that enrolls a qualified special education child shall	52030
submit in writing to the eligible applicant to whom a scholarship	52031
is awarded on behalf of that child a profile of the provider's	52032
special education program, in a form as prescribed by the	52033
department, that shall contain the following:	52034

(1) Methods of instruction that will be utilized by the	52035
provider to provide services to the qualified special education	52036
child;	52037

(2) Qualifications of teachers, instructors, and other	52038
persons who will be engaged by the provider to provide services to	52039
the qualified special education child.	52040

Sec. 3310.53. (A) Except for development of the child's	52041
individualized education program, as specified in division (B) of	52042
this section, the school district in which a qualified special	52043
education child is entitled to attend school and the child's	52044
school district of residence, if different, are not obligated to	52045
provide the child with a free appropriate public education under	52046
Chapter 3323. of the Revised Code for as long as the child	52047
continues to attend the special education program operated by	52048
either an alternative public provider or a registered private	52049
provider for which a scholarship is awarded under the special	52050
education scholarship program. If at any time, the eligible	52051
applicant for the child decides no longer to accept scholarship	52052
payments and enrolls the child in the special education program of	52053
the school district in which the child is entitled to attend	52054
school, that district shall provide the child with a free	52055
appropriate public education under Chapter 3323. of the Revised	52056
Code.	52057

(B) Each eligible applicant and each qualified special	52058
education child have a continuing right to the development of an	52059
individualized education program for the child that complies with	52060
Chapter 3323. of the Revised Code, 20 U.S.C. 1400 et seq., and	52061
administrative rules or guidelines adopted by the Ohio department	52062
of education or the United States department of education. The	52063
school district in which a qualified special education child is	52064
entitled to attend school, or the child's school district of	52065
residence if different, shall develop each individualized	52066
education program for the child in accordance with those	52067
provisions.	52068

(C) Each school district shall notify an eligible applicant	52069
of the applicant's and qualified special education child's rights	52070
under sections 3310.51 to 3310.64 of the Revised Code by providing	52071
to each eligible applicant the comparison document prescribed in	52072
section 3323.052 of the Revised Code. An eligible applicant's	52073
receipt of that document, as acknowledged in a format prescribed	52074
by the department of education, shall constitute notice that the	52075
eligible applicant has been informed of those rights. Upon receipt	52076
of that document, subsequent acceptance of a scholarship	52077
constitutes the eligible applicant's informed consent to the	52078
provisions of sections 3310.51 to 3310.64 of the Revised Code.	52079

Sec. 3310.54. A qualified special education child in any of	52080
grades kindergarten through twelve for whom a scholarship is	52081
awarded under the special education scholarship program shall be	52082
counted in the formula ADM and category one through six special	52083
education ADM, as appropriate, of the school district in which the	52084
child is entitled to attend school. A qualified special education	52085
child shall not be counted in the formula ADM or category one	52086
through six special education ADM of any other school district.	52087

Sec. 3310.55. The department of education shall deduct from	52088
a school district's state education aid, as defined in section	52089
3317.02 of the Revised Code, and if necessary, from its payment	52090
under sections 321.24 and 323.156 of the Revised Code, the	52091
aggregate amount of scholarships paid under section 3310.57 of the	52092
Revised Code for qualified special education children included in	52093
the formula ADM and the category one through six special education	52094
ADM of that school district.	52095

Sec. 3310.56. (A) The amount of the scholarship awarded and	52096
paid to an eligible applicant for services for a qualified special	52097
education child under the special education scholarship program in	52098
each school year shall be the least of the amounts prescribed in	52099
divisions (A)(1), (2), or (3) of this section, as follows:	52100

(1) The amount of fees charged for that school year by the	52101
alternative public provider or registered private provider;	52102

(2) The sum of the amounts calculated under divisions	52103
(A)(2)(a) and (b) of this section:	52104

(a) The sum of the formula amount plus the per pupil amount	52105
of the base funding supplements specified in divisions (C)(1) to	52106
(4) of section 3317.012 of the Revised Code for fiscal year 2009;	52107

(b) The formula amount times the following multiple	52108
prescribed for the child's disability:	52109

(i) For a student in category one, 0.2892;

52110

(ii) For a student in category two, 0.3691;

52111

(iii) For a student in category three, 1.7695;

52112

(iv) For a student in category four, 2.3646;

52113

(v) For a student in category five, 3.1129;

52114

(vi) For a student in category six, 4.7342.

52115

Before applying the multiples specified in divisions	52116
(A)(2)(b)(i) to (vi) of this section, they first shall be adjusted	52117
by multiplying them by 0.80.	52118

(3) Twenty thousand dollars.

52119

(B) As used in division (A)(2)(b) of this section, a child	52120
with a disability is in:	52121

(1) "Category one" if the child's primary or only identified	52122
disability is a speech and language disability, as this term is	52123
defined pursuant to Chapter 3323. of the Revised Code;	52124

(2) "Category two" if the child is identified as specific	52125
learning disabled or developmentally disabled, as these terms are	52126
defined pursuant to Chapter 3323. of the Revised Code, or as	52127
having an other health impairment-minor, as defined in section	52128
3317.02 of the Revised Code;	52129

(3) "Category three" if the child is identified as vision	52130
impaired, hearing disabled, or severe behavior disabled, as these	52131
terms are defined pursuant to Chapter 3323. of the Revised Code;	52132

(4) "Category four" if the child is identified as	52133
orthopedically disabled, as this term is defined pursuant to	52134
Chapter 3323. of the Revised Code, or as having an other health	52135
impairment-major, as defined in section 3317.02 of the Revised	52136
Code;	52137

(5) "Category five" if the child is identified as having	52138
multiple disabilities, as this term is defined pursuant to Chapter	52139
3323. of the Revised Code;	52140

(6) "Category six" if the child is identified as autistic,	52141
having traumatic brain injuries, or both visually and hearing	52142
impaired, as these terms are defined pursuant to Chapter 3323. of	52143
the Revised Code.	52144

Sec. 3310.57. The department of education shall make	52145
periodic payments to an eligible applicant for services for each	52146
qualified special education child for whom a scholarship has been	52147
awarded. The total of all payments made to an applicant in each	52148
school year shall not exceed the amount calculated for the child	52149
under section 3310.56 of the Revised Code.	52150

The department shall proportionately reduce the scholarship	52151
amount in the case of a child who is not enrolled in the special	52152
education program of an alternative public provider or a	52153
registered private provider for the entire school year.	52154

In accordance with division (A) of section 3310.62 of the	52155
Revised Code, the department shall make no payments to an	52156
applicant for a first-time scholarship for a qualified special	52157
education child while any administrative or judicial mediation or	52158
proceedings with respect to the content of the child's	52159
individualized education program are pending.	52160

Sec. 3310.58. No nonpublic school or entity shall receive	52161
payments from an eligible applicant for services for a qualified	52162
special education child under the special education scholarship	52163
program until the school or entity registers with the	52164
superintendent of public instruction. The superintendent shall	52165
register and designate as a registered private provider any	52166
nonpublic school or entity that meets the following requirements:	52167

(A) The school or entity complies with the antidiscrimination	52168
provisions of 42 U.S.C. 2000d, regardless of whether the school or	52169
entity receives federal financial assistance.	52170

(B) If the school or entity is not chartered by the state	52171
board under section 3301.16 of the Revised Code, the school or	52172
entity agrees to comply with sections 3319.39, 3319.391, and	52173
3319.392 of the Revised Code as if it were a school district.	52174

(C) The teaching and nonteaching professionals employed by	52175
the school or entity, or employed by any subcontractors of the	52176
school or entity, hold credentials determined by the state board	52177
to be appropriate for the qualified special education children	52178
enrolled in the special education program it operates.	52179

(D) The school's or entity's educational program shall be	52180
approved by the department of education.	52181

(E) The school or entity meets applicable health and safety	52182
standards established by law.	52183

(F) The school or entity agrees to retain on file	52184
documentation as required by the department of education.	52185

(G) The school or entity agrees to provide a record of the	52186
implementation of the individualized education program for each	52187
qualified special education child enrolled in the school's or	52188
entity's special education program, including evaluation of the	52189
child's progress, to the school district in which the child is	52190
entitled to attend school, in the form and manner prescribed by	52191
the department.	52192

(H) The school or entity agrees that, if it declines to	52193
enroll a particular qualified special education child, it will	52194
notify in writing the eligible applicant of its reasons for	52195
declining to enroll the child.	52196

Sec. 3310.59. The superintendent of public instruction shall	52197
revoke the registration of any school or entity if, after a	52198
hearing, the superintendent determines that the school or entity	52199
is in violation of any provision of section 3310.58 of the Revised	52200
Code.	52201

Sec. 3310.60. A qualified special education child attending	52202
a special education program at an alternative public provider or a	52203
registered private provider with a scholarship shall be entitled	52204
to transportation to and from that program in the manner	52205
prescribed by law for any child with a disability attending a	52206
nonpublic special education program.	52207

Sec. 3310.61. An eligible applicant on behalf of a child who	52208
currently attends a public special education program under a	52209
contract, compact, or other bilateral agreement, or on behalf of a	52210
child who currently attends a community school, shall not be	52211
prohibited from applying for and accepting a scholarship so that	52212
the applicant may withdraw the child from that program or	52213
community school and use the scholarship for the child to attend a	52214
special education program operated by an alternative public	52215
provider or a registered private provider.	52216

Sec. 3310.62. (A) A scholarship under the special education	52217
scholarship program shall not be awarded for the first time to an	52218
eligible applicant on behalf of a qualified special education	52219
child while the child's individualized education program is being	52220
developed by the school district in which the child is entitled to	52221
attend school, or by the child's school district of residence if	52222
different, or while any administrative or judicial mediation or	52223
proceedings with respect to the content of that individualized	52224
education program are pending.	52225

(B) Development of individualized education programs	52226
subsequent to the one developed for the child the first time a	52227
scholarship was awarded on behalf of the child and the	52228
prosecuting, by the eligible applicant on behalf of the child, of	52229
administrative or judicial mediation or proceedings with respect	52230
to any of those subsequent individualized education programs do	52231
not affect the applicant's and the child's continued eligibility	52232
for scholarship payments.	52233

(C) In the case of any child for whom a scholarship has been	52234
awarded, if the school district in which the child is entitled to	52235
attend school has agreed to provide some services for the child	52236
under an agreement entered into with the eligible applicant or	52237
with the alternative public provider or registered private	52238
provider implementing the child's individualized education	52239
program, or if the district is required by law to provide some	52240
services for the child, including transportation services under	52241
sections 3310.60 and 3327.01 of the Revised Code, the district	52242
shall not discontinue the services it is providing pending	52243
completion of any administrative proceedings regarding those	52244
services. The prosecuting, by the eligible applicant on behalf of	52245
the child, of administrative proceedings regarding the services	52246
provided by the district does not affect the applicant's and the	52247
child's continued eligibility for scholarship payments.	52248

(D) The department of education shall continue to make	52249
payments to the eligible applicant under section 3310.57 of the	52250
Revised Code while either of the following are pending:	52251

(1) Administrative or judicial mediation or proceedings with	52252
respect to a subsequent individualized education program for the	52253
child referred to in division (B) of this section;	52254

(2) Administrative proceedings regarding services provided by	52255
the district under division (C) of this section.	52256

Sec. 3310.63. (A) Only for the purpose of administering the	52257
special education scholarship program, the department of education	52258
may request from any of the following entities the data	52259
verification code assigned under division (D)(2) of section	52260
3301.0714 of the Revised Code to any qualified special education	52261
child for whom a scholarship is sought under the program:	52262

(1) The school district in which the child is entitled to	52263
attend school;	52264

(2) If applicable, the community school in which the child is	52265
enrolled;	52266

(3) The independent contractor engaged to create and maintain	52267
data verification codes.	52268

(B) Upon a request by the department under division (A) of	52269
this section for the data verification code of a qualified special	52270
education child or a request by the eligible applicant for the	52271
child for that code, the school district or community school shall	52272
submit that code to the department or applicant in the manner	52273
specified by the department. If the child has not been assigned a	52274
code, because the child will be entering kindergarten during the	52275
school year for which the scholarship is sought, the district	52276
shall assign a code to that child and submit the code to the	52277
department or applicant by a date specified by the department. If	52278
the district does not assign a code to the child by the specified	52279
date, the department shall assign a code to the child.	52280

The department annually shall submit to each school district	52281
the name and data verification code of each child residing in the	52282
district who is entering kindergarten, who has been awarded a	52283
scholarship under the program, and for whom the department has	52284
assigned a code under this division.	52285

(C) The department shall not release any data verification	52286
code that it receives under this section to any person except as	52287
provided by law.	52288

(D) Any document relative to the special education	52289
scholarship program that the department holds in its files that	52290
contains both a qualified special education child's name or other	52291
personally identifiable information and the child's data	52292
verification code shall not be a public record under section	52293
149.43 of the Revised Code.	52294

Sec. 3310.64. The state board of education shall adopt rules	52295
in accordance with Chapter 119. of the Revised Code prescribing	52296
procedures necessary to implement sections 3310.51 to 3310.63 of	52297
the Revised Code including, but not limited to, procedures for	52298
parents to apply for scholarships, standards for registered	52299
private providers, and procedures for registration of private	52300
providers.	52301

Sec. 3311.05. (A) The territory within the territorial	52302
limits of a county, or the territory included in a district formed	52303
under ~~either~~ section 3311.053 ~~or 3311.059~~ of the Revised Code,	52304
exclusive of the territory embraced in any city school district or	52305
exempted village school district, and excluding the territory	52306
detached therefrom for school purposes and including the territory	52307
attached thereto for school purposes constitutes an educational	52308
service center.	52309

(B) A county school financing district created under section	52310
3311.50 of the Revised Code is not the school district described	52311
in division (A) of this section or any other school district but	52312
is a taxing district.	52313

Sec. 3311.054. (A) The initial members of any new governing	52314
board of an educational service center established in accordance	52315
with this section shall be all of the members of the governing	52316
boards of the former educational service centers whose territory	52317
comprises the new educational service center. The initial members	52318
of any such governing board shall serve until the first Monday of	52319
January immediately following the first election of governing	52320
board members conducted under division (C) of this section.	52321

Notwithstanding section 3313.11 of the Revised Code, that	52322
section shall not apply to the filling of any vacancy among the	52323
initial members of any governing board established in accordance	52324
with this section. Any such vacancy shall be filled for the	52325
remainder of the term by a majority vote of all the remaining	52326
members of the governing board.	52327

(B) Prior to the next first day of April in an odd-numbered	52328
year that occurs at least ninety days after the date on which any	52329
new governing board of an educational service center is initially	52330
established in accordance with this section, the governing board	52331
or, at the governing board's option, an executive committee of the	52332
governing board appointed by the governing board shall do both of	52333
the following:	52334

(1) Designate the number of elected members comprising all	52335
subsequent governing boards of the educational service center,	52336
which number shall be an odd number not to exceed nine.	52337

(2) Divide the educational service center into a number of	52338
subdistricts equal to the number of governing board members	52339
designated under division (B)(1) of this section and number the	52340
subdistricts. Each subdistrict shall be as nearly equal in	52341
population as possible and shall be composed of adjacent and	52342
compact territory. To the extent possible, each subdistrict shall	52343
be composed only of territory located in one county. In addition,	52344
the subdistricts shall be bounded as far as possible by	52345
corporation lines, streets, alleys, avenues, public grounds,	52346
canals, watercourses, ward boundaries, voting precinct boundaries,	52347
or school district boundaries.	52348

If the new governing board fails to divide the territory of	52349
the educational service center in accordance with this division,	52350
the superintendent of public instruction shall establish the	52351
subdistricts within thirty days.	52352

(C) At the next regular municipal election following the	52353
deadline for creation of the subdistricts of an educational	52354
service center under division (B) of this section, an entire new	52355
governing board shall be elected. All members of such governing	52356
board shall be elected from those subdistricts.	52357

(D) Within ninety days after the official announcement of the	52358
results of each successive federal decennial census, each	52359
governing board of an educational service center established in	52360
accordance with this section shall redistrict the educational	52361
service center's territory into a number of subdistricts equal to	52362
the number of board members designated under division (B)(1) of	52363
this section and number the subdistricts. Each such redistricting	52364
shall be done in accordance with the standards for subdistricts in	52365
division (B)(2) of this section. At the next regular municipal	52366
election following the announcement of the results of each such	52367
successive census, all elected governing board members shall again	52368
be elected from the subdistricts most recently created under this	52369
division.	52370

If a governing board fails to redistrict the territory of its	52371
educational service center in accordance with this division, the	52372
superintendent of public instruction shall redistrict the service	52373
center within thirty days.	52374

(E) All members elected pursuant to this section shall take	52375
office on the first Monday of January immediately following the	52376
election. Whenever all elected governing board members are elected	52377
at one election under division (C) or (D) of this section, the	52378
terms of each of the members elected from even-numbered	52379
subdistricts shall be for two years and the terms of each of the	52380
members elected from odd-numbered subdistricts shall be for four	52381
years. Thereafter, successors shall be elected for four-year terms	52382
in the same manner as is provided by law for the election of	52383
members of school boards except that any successor elected at a	52384
regular municipal election immediately preceding any election at	52385
which an entire new governing board is elected shall be elected	52386
for a two-year term.	52387

Sec. 3311.056. After at least one election of board members	52388
has occurred under division (B) of section 3313.053, division (C)	52389
of section 3311.054, or section 3311.057 of the Revised Code, the	52390
elected governing board members of an educational service center	52391
created under division (A) of section 3311.053 of the Revised Code	52392
may by resolution adopt a plan for adding appointed members to	52393
that governing board. A plan may provide for adding to the board a	52394
number of appointed members that is up to one less than the number	52395
of elected members on the board except that the total number of	52396
elected and appointed board members shall be an odd number. A plan	52397
shall provide for the terms of the appointed board members. The	52398
appointed board members in each plan shall be appointed by a	52399
majority vote of the full number of elected members on the board	52400
and vacancies shall be filled as provided in the plan. Each plan	52401
shall specify the qualifications for the appointed board members	52402
of an educational service center ~~and shall at least require~~	52403
~~appointed board members to be electors residing in the service~~	52404
~~center~~. Appointed members may be representative of the client	52405
school districts of the service center. As used in this section,	52406
"client school district" has the same meaning as in section	52407
3317.11 of the Revised Code.	52408

A governing board adopting a plan under this section shall	52409
submit the plan to the state board of education for approval. The	52410
state board may approve or disapprove a plan or make	52411
recommendations for modifications in a plan. A plan shall take	52412
effect thirty days after approval by the state board and, when	52413
effective, appointments to the board shall be made in accordance	52414
with the plan.	52415

The elected members of the governing board of an educational	52416
service center with a plan in effect under this section may adopt,	52417
by unanimous vote of all the elected members, a resolution to	52418
revise or rescind the plan in effect under this section. All	52419
revisions shall comply with the requirements in this section for	52420
appointed board members. A resolution revising or rescinding a	52421
plan shall specify the dates and manner in which the revision or	52422
rescission is to take place. The revision or rescission of a plan	52423
shall be submitted to the state board of education for approval.	52424
The state board may approve or disapprove a revision or rescission	52425
of a plan or make recommendations for modifications. Upon approval	52426
of a revision or rescission by the state board, the revised plan	52427
or rescission of the plan shall go into effect as provided in the	52428
revision or rescission.	52429

Sec. 3311.0510. (A) If all of the local school districts	52430
that make up the territory of an educational service center have	52431
severed from the territory of that service center, upon the	52432
effective date of the severance of the last remaining local school	52433
district to make up the territory of the service center, the	52434
governing board of that service center shall be abolished and such	52435
service center shall be dissolved by order of the superintendent	52436
of public instruction. The superintendent's order shall provide	52437
for the equitable division and disposition of the assets,	52438
property, debts, and obligations of the service center among the	52439
local school districts, of which the territory of the service	52440
center is or previously was made up, and the city and exempted	52441
village school districts with which the service center had	52442
agreements under section 3313.843 of the Revised Code for the	52443
service center's last fiscal year of operation. The	52444
superintendent's order shall provide that the tax duplicate of	52445
each of those school districts shall be bound for and assume the	52446
district's equitable share of the outstanding indebtedness of the	52447
service center. The superintendent's order is final and is not	52448
appealable.	52449

Immediately upon the abolishment of the service center	52450
governing board pursuant to this section, the superintendent of	52451
public instruction shall appoint a qualified individual to	52452
administer the dissolution of the service center and to implement	52453
the terms of the superintendent's dissolution order.	52454

Prior to distributing assets to any school district under	52455
this section, but after paying in full other debts and obligations	52456
of the service center under this section, the superintendent of	52457
public instruction may assess against the remaining assets of the	52458
service center the amount of the costs incurred by the department	52459
of education in performing the superintendent's duties under this	52460
division, including the fees, if any, owed to the individual	52461
appointed to administer the superintendent's dissolution order.	52462
Any excess cost incurred by the department under this division	52463
shall be divided equitably among the local school districts, of	52464
which the territory of the service center is or previously was	52465
made up, and the city and exempted village school districts with	52466
which the service center had agreements under section 3313.843 of	52467
the Revised Code for the service center's last fiscal year of	52468
operation. Each district's share of that excess cost shall be	52469
bound against the tax duplicate of that district.	52470

(B) A final audit of the former service center shall be	52471
performed in accordance with procedures established by the auditor	52472
of state.	52473

(C) The public records of an educational service center that	52474
is dissolved under this section shall be transferred in accordance	52475
with this division. Public records maintained by the service	52476
center in connection with services provided by the service center	52477
to local school districts shall be transferred to each of the	52478
respective local school districts. Public records maintained by	52479
the service center in connection with services provided under an	52480
agreement with a city or exempted village school district pursuant	52481
to section 3313.843 of the Revised Code shall be transferred to	52482
each of the respective city or exempted village school districts.	52483
All other public records maintained by the service center at the	52484
time the service center ceases operations shall be transferred to	52485
the Ohio historical society for analysis and disposition by the	52486
society in its capacity as archives administrator for the state	52487
and its political subdivisions pursuant to division (C) of section	52488
149.30 and section 149.31 of the Revised Code.	52489

Sec. 3311.06. (A) As used in this section:

52490

(1) "Annexation" and "annexed" mean annexation for municipal	52491
purposes under sections 709.02 to 709.37 of the Revised Code.	52492

(2) "Annexed territory" means territory that has been annexed	52493
for municipal purposes to a city served by an urban school	52494
district, but on September 24, 1986, has not been transferred to	52495
the urban school district.	52496

(3) "Urban school district" means a city school district with	52497
an average daily membership for the 1985-1986 school year in	52498
excess of twenty thousand that is the school district of a city	52499
that contains annexed territory.	52500

(4) "Annexation agreement" means an agreement entered into	52501
under division (F) of this section that has been approved by the	52502
state board of education or an agreement entered into prior to	52503
September 24, 1986, that meets the requirements of division (F) of	52504
this section and has been filed with the state board.	52505

(B) The territory included within the boundaries of a city,	52506
local, exempted village, or joint vocational school district shall	52507
be contiguous except where a natural island forms an integral part	52508
of the district, where the state board of education authorizes a	52509
noncontiguous school district, as provided in division (E)(1) of	52510
this section, or where a local school district is created pursuant	52511
to section 3311.26 of the Revised Code from one or more local	52512
school districts, one of which has entered into an agreement under	52513
section 3313.42 of the Revised Code.	52514

(C)(1) When all of the territory of a school district is	52515
annexed to a city or village, such territory thereby becomes a	52516
part of the city school district or the school district of which	52517
the village is a part, and the legal title to school property in	52518
such territory for school purposes shall be vested in the board of	52519
education of the city school district or the school district of	52520
which the village is a part.	52521

(2) When the territory so annexed to a city or village	52522
comprises part but not all of the territory of a school district,	52523
the said territory becomes part of the city school district or the	52524
school district of which the village is a part only upon approval	52525
by the state board of education, unless the district in which the	52526
territory is located is a party to an annexation agreement with	52527
the city school district.	52528

Any urban school district that has not entered into an	52529
annexation agreement with any other school district whose	52530
territory would be affected by any transfer under this division	52531
and that desires to negotiate the terms of transfer with any such	52532
district shall conduct any negotiations under division (F) of this	52533
section as part of entering into an annexation agreement with such	52534
a district.	52535

Any school district, except an urban school district,	52536
desiring state board approval of a transfer under this division	52537
shall make a good faith effort to negotiate the terms of transfer	52538
with any other school district whose territory would be affected	52539
by the transfer. Before the state board may approve any transfer	52540
of territory to a school district, except an urban school	52541
district, under this section, it must receive the following:	52542

(a) A resolution requesting approval of the transfer, passed	52543
by at least one of the school districts whose territory would be	52544
affected by the transfer;	52545

(b) Evidence determined to be sufficient by the state board	52546
to show that good faith negotiations have taken place or that the	52547
district requesting the transfer has made a good faith effort to	52548
hold such negotiations;	52549

(c) If any negotiations took place, a statement signed by all	52550
boards that participated in the negotiations, listing the terms	52551
agreed on and the points on which no agreement could be reached.	52552

(D) The state board of education shall adopt rules governing	52553
negotiations held by any school district except an urban school	52554
district pursuant to division (C)(2) of this section. The rules	52555
shall encourage the realization of the following goals:	52556

(1) A discussion by the negotiating districts of the present	52557
and future educational needs of the pupils in each district;	52558

(2) The educational, financial, and territorial stability of	52559
each district affected by the transfer;	52560

(3) The assurance of appropriate educational programs,	52561
services, and opportunities for all the pupils in each	52562
participating district, and adequate planning for the facilities	52563
needed to provide these programs, services, and opportunities.	52564

Districts involved in negotiations under such rules may agree	52565
to share revenues from the property included in the territory to	52566
be transferred, establish cooperative programs between the	52567
participating districts, and establish mechanisms for the	52568
settlement of any future boundary disputes.	52569

(E)(1) If territory annexed after September 24, 1986, is part	52570
of a school district that is a party to an annexation agreement	52571
with the urban school district serving the annexing city, the	52572
transfer of such territory shall be governed by the agreement. If	52573
the agreement does not specify how the territory is to be dealt	52574
with, the boards of education of the district in which the	52575
territory is located and the urban school district shall negotiate	52576
with regard to the transfer of the territory which shall be	52577
transferred to the urban school district unless, not later than	52578
ninety days after the effective date of municipal annexation, the	52579
boards of education of both districts, by resolution adopted by a	52580
majority of the members of each board, agree that the territory	52581
will not be transferred and so inform the state board of	52582
education.	52583

If territory is transferred under this division the transfer	52584
shall take effect on the first day of July occurring not sooner	52585
than ninety-one days after the effective date of the municipal	52586
annexation. Territory transferred under this division need not be	52587
contiguous to the district to which it is transferred.	52588

(2) Territory annexed prior to September 24, 1986, by a city	52589
served by an urban school district shall not be subject to	52590
transfer under this section if the district in which the territory	52591
is located is a party to an annexation agreement or becomes a	52592
party to such an agreement not later than ninety days after	52593
September 24, 1986. If the district does not become a party to an	52594
annexation agreement within the ninety-day period, transfer of	52595
territory shall be governed by division (C)(2) of this section. If	52596
the district subsequently becomes a party to an agreement,	52597
territory annexed prior to September 24, 1986, other than	52598
territory annexed under division (C)(2) of this section prior to	52599
the effective date of the agreement, shall not be subject to	52600
transfer under this section.	52601

(F) An urban school district may enter into a comprehensive	52602
agreement with one or more school districts under which transfers	52603
of territory annexed by the city served by the urban school	52604
district after September 24, 1986, shall be governed by the	52605
agreement. Such agreement must provide for the establishment of a	52606
cooperative education program under section 3313.842 of the	52607
Revised Code in which all the parties to the agreement are	52608
participants and must be approved by resolution of the majority of	52609
the members of each of the boards of education of the school	52610
districts that are parties to it. An agreement may provide for	52611
interdistrict payments based on local revenue growth resulting	52612
from development in any territory annexed by the city served by	52613
the urban school district.	52614

An agreement entered into under this division may be altered,	52615
modified, or terminated only by agreement, by resolution approved	52616
by the majority of the members of each board of education, of all	52617
school districts that are parties to the agreement, except that	52618
with regard to any provision that affects only the urban school	52619
district and one of the other districts that is a party, that	52620
district and the urban district may modify or alter the agreement	52621
by resolution approved by the majority of the members of the board	52622
of that district and the urban district. Alterations,	52623
modifications, terminations, and extensions of an agreement	52624
entered into under this division do not require approval of the	52625
state board of education, but shall be filed with the board after	52626
approval and execution by the parties.	52627

If an agreement provides for interdistrict payments, each	52628
party to the agreement, except any school district specifically	52629
exempted by the agreement, shall agree to make an annual payment	52630
to the urban school district with respect to any of its territory	52631
that is annexed territory in an amount not to exceed the amount	52632
certified for that year under former section 3317.029 of the	52633
Revised Code as that section existed prior to July 1, 1998; except	52634
that such limitation of annual payments to amounts certified under	52635
former section 3317.029 of the Revised Code does not apply to	52636
agreements or extensions of agreements entered into on or after	52637
June 1, 1992, unless such limitation is expressly agreed to by the	52638
parties. The agreement may provide that all or any part of the	52639
payment shall be waived if the urban school district receives its	52640
payment with respect to such annexed territory under former	52641
section 3317.029 of the Revised Code and that all or any part of	52642
such payment may be waived if the urban school district does not	52643
receive its payment with respect to such annexed territory under	52644
such section.	52645

With respect to territory that is transferred to the urban	52646
school district after September 24, 1986, the agreement may	52647
provide for annual payments by the urban school district to the	52648
school district whose territory is transferred to the urban school	52649
district subsequent to annexation by the city served by the urban	52650
school district.	52651

(G) In the event territory is transferred from one school	52652
district to another under this section, an equitable division of	52653
the funds and indebtedness between the districts involved shall be	52654
made under the supervision of the state board of education and	52655
that board's decision shall be final. Such division shall not	52656
include funds payable to or received by a school district under	52657
Chapter ~~3306. or~~ 3317. of the Revised Code or payable to or	52658
received by a school district from the United States or any	52659
department or agency thereof. In the event such transferred	52660
territory includes real property owned by a school district, the	52661
state board of education, as part of such division of funds and	52662
indebtedness, shall determine the true value in money of such real	52663
property and all buildings or other improvements thereon. The	52664
board of education of the school district receiving such territory	52665
shall forthwith pay to the board of education of the school	52666
district losing such territory such true value in money of such	52667
real property, buildings, and improvements less such percentage of	52668
the true value in money of each school building located on such	52669
real property as is represented by the ratio of the total	52670
enrollment in day classes of the pupils residing in the territory	52671
transferred enrolled at such school building in the school year in	52672
which such annexation proceedings were commenced to the total	52673
enrollment in day classes of all pupils residing in the school	52674
district losing such territory enrolled at such school building in	52675
such school year. The school district receiving such payment shall	52676
place the proceeds thereof in its sinking fund or bond retirement	52677
fund.	52678

(H) The state board of education, before approving such	52679
transfer of territory, shall determine that such payment has been	52680
made and shall apportion to the acquiring school district such	52681
percentage of the indebtedness of the school district losing the	52682
territory as is represented by the ratio that the assessed	52683
valuation of the territory transferred bears to the total assessed	52684
valuation of the entire school district losing the territory as of	52685
the effective date of the transfer, provided that in ascertaining	52686
the indebtedness of the school district losing the territory the	52687
state board of education shall disregard such percentage of the	52688
par value of the outstanding and unpaid bonds and notes of said	52689
school district issued for construction or improvement of the	52690
school building or buildings for which payment was made by the	52691
acquiring district as is equal to the percentage by which the true	52692
value in money of such building or buildings was reduced in fixing	52693
the amount of said payment.	52694

(I) No transfer of school district territory or division of	52695
funds and indebtedness incident thereto, pursuant to the	52696
annexation of territory to a city or village shall be completed in	52697
any other manner than that prescribed by this section regardless	52698
of the date of the commencement of such annexation proceedings,	52699
and this section applies to all proceedings for such transfers and	52700
divisions of funds and indebtedness pending or commenced on or	52701
after October 2, 1959.	52702

Sec. 3311.19. (A) The management and control of a joint	52703
vocational school district shall be vested in the joint vocational	52704
school district board of education. Where a joint vocational	52705
school district is composed only of two or more local school	52706
districts located in one county, or when all the participating	52707
districts are in one county and the boards of such participating	52708
districts so choose, the educational service center governing	52709
board of the county in which the joint vocational school district	52710
is located shall serve as the joint vocational school district	52711
board of education. Where a joint vocational school district is	52712
composed of local school districts of more than one county, or of	52713
any combination of city, local, or exempted village school	52714
districts or educational service centers, unless administration by	52715
the educational service center governing board has been chosen by	52716
all the participating districts in one county pursuant to this	52717
section, the board of education of the joint vocational school	52718
district shall be composed of one or more persons who are members	52719
of the boards of education from each of the city or exempted	52720
village school districts or members of the educational service	52721
centers' governing boards affected to be appointed by the boards	52722
of education or governing boards of such school districts and	52723
educational service centers. In such joint vocational school	52724
districts the number and terms of members of the joint vocational	52725
school district board of education and the allocation of a given	52726
number of members to each of the city and exempted village	52727
districts and educational service centers shall be determined in	52728
the plan for such district, provided that each such joint	52729
vocational school district board of education shall be composed of	52730
an odd number of members.	52731

(B) Notwithstanding division (A) of this section, a governing	52732
board of an educational service center that has members of its	52733
governing board serving on a joint vocational school district	52734
board of education may make a request to the joint vocational	52735
district board that the joint vocational school district plan be	52736
revised to provide for one or more members of boards of education	52737
of local school districts that are within the territory of the	52738
educational service district and within the joint vocational	52739
school district to serve in the place of or in addition to its	52740
educational service center governing board members. If agreement	52741
is obtained among a majority of the boards of education and	52742
governing boards that have a member serving on the joint	52743
vocational school district board of education and among a majority	52744
of the local school district boards of education included in the	52745
district and located within the territory of the educational	52746
service center whose board requests the substitution or addition,	52747
the state board of education may revise the joint vocational	52748
school district plan to conform with such agreement.	52749

(C) If the board of education of any school district or	52750
educational service center governing board included within a joint	52751
vocational district that has had its board or governing board	52752
membership revised under division (B) of this section requests the	52753
joint vocational school district board to submit to the state	52754
board of education a revised plan under which one or more joint	52755
vocational board members chosen in accordance with a plan revised	52756
under such division would again be chosen in the manner prescribed	52757
by division (A) of this section, the joint vocational board shall	52758
submit the revised plan to the state board of education, provided	52759
the plan is agreed to by a majority of the boards of education	52760
represented on the joint vocational board, a majority of the local	52761
school district boards included within the joint vocational	52762
district, and each educational service center governing board	52763
affected by such plan. The state board of education may revise the	52764
joint vocational school district plan to conform with the revised	52765
plan.	52766

(D) The vocational schools in such joint vocational school	52767
district shall be available to all youth of school age within the	52768
joint vocational school district subject to the rules adopted by	52769
the joint vocational school district board of education in regard	52770
to the standards requisite to admission. A joint vocational school	52771
district board of education shall have the same powers, duties,	52772
and authority for the management and operation of such joint	52773
vocational school district as is granted by law, except by this	52774
chapter and Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the	52775
Revised Code, to a board of education of a city school district,	52776
and shall be subject to all the provisions of law that apply to a	52777
city school district, except such provisions in this chapter and	52778
Chapters 124., ~~3306.,~~ 3317., 3323., and 3331. of the Revised Code.	52779

(E) Where a governing board of an educational service center	52780
has been designated to serve as the joint vocational school	52781
district board of education, the educational service center	52782
superintendent shall be the executive officer for the joint	52783
vocational school district, and the governing board may provide	52784
for additional compensation to be paid to the educational service	52785
center superintendent by the joint vocational school district, but	52786
the educational service center superintendent shall have no	52787
continuing tenure other than that of educational service center	52788
superintendent. The superintendent of schools of a joint	52789
vocational school district shall exercise the duties and authority	52790
vested by law in a superintendent of schools pertaining to the	52791
operation of a school district and the employment and supervision	52792
of its personnel. The joint vocational school district board of	52793
education shall appoint a treasurer of the joint vocational school	52794
district who shall be the fiscal officer for such district and who	52795
shall have all the powers, duties, and authority vested by law in	52796
a treasurer of a board of education. Where a governing board of an	52797
educational service center has been designated to serve as the	52798
joint vocational school district board of education, such board	52799
may appoint the educational service center superintendent as the	52800
treasurer of the joint vocational school district.	52801

(F) Each member of a joint vocational school district board	52802
of education may be paid such compensation as the board provides	52803
by resolution, but it shall not exceed one hundred twenty-five	52804
dollars per member for each meeting attended plus mileage, at the	52805
rate per mile provided by resolution of the board, to and from	52806
meetings of the board.	52807

The board may provide by resolution for the deduction of	52808
amounts payable for benefits under section 3313.202 of the Revised	52809
Code.	52810

Each member of a joint vocational school district board may	52811
be paid such compensation as the board provides by resolution for	52812
attendance at an approved training program, provided that such	52813
compensation shall not exceed sixty dollars per day for attendance	52814
at a training program three hours or fewer in length and one	52815
hundred twenty-five dollars a day for attendance at a training	52816
program longer than three hours in length. However, no board	52817
member shall be compensated for the same training program under	52818
this section and section 3313.12 of the Revised Code.	52819

Sec. 3311.21. (A) In addition to the resolutions authorized	52820
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	52821
the Revised Code, the board of education of a joint vocational or	52822
cooperative education school district by a vote of two-thirds of	52823
its full membership may at any time adopt a resolution declaring	52824
the necessity to levy a tax in excess of the ten-mill limitation	52825
for a period not to exceed ten years to provide funds for any one	52826
or more of the following purposes, which may be stated in the	52827
following manner in such resolution, the ballot, and the notice of	52828
election: purchasing a site or enlargement thereof and for the	52829
erection and equipment of buildings; for the purpose of enlarging,	52830
improving, or rebuilding thereof; for the purpose of providing for	52831
the current expenses of the joint vocational or cooperative school	52832
district; or for a continuing period for the purpose of providing	52833
for the current expenses of the joint vocational or cooperative	52834
education school district. The resolution shall specify the amount	52835
of the proposed rate and, if a renewal, whether the levy is to	52836
renew all, or a portion of, the existing levy, and shall specify	52837
the first year in which the levy will be imposed. If the levy	52838
provides for but is not limited to current expenses, the	52839
resolution shall apportion the annual rate of the levy between	52840
current expenses and the other purpose or purposes. Such	52841
apportionment may but need not be the same for each year of the	52842
levy, but the respective portions of the rate actually levied each	52843
year for current expenses and the other purpose or purposes shall	52844
be limited by such apportionment. The portion of any such rate	52845
actually levied for current expenses of a joint vocational or	52846
cooperative education school district shall be used in applying	52847
~~division (A)(1) of section 3306.01 and~~ division (A) of section	52848
3317.01 of the Revised Code. The portion of any such rate not	52849
apportioned to the current expenses of a joint vocational or	52850
cooperative education school district shall be used in applying	52851
division (B) of this section. On the adoption of such resolution,	52852
the joint vocational or cooperative education school district	52853
board of education shall certify the resolution to the board of	52854
elections of the county containing the most populous portion of	52855
the district, which board shall receive resolutions for filing and	52856
send them to the boards of elections of each county in which	52857
territory of the district is located, furnish all ballots for the	52858
election as provided in section 3505.071 of the Revised Code, and	52859
prepare the election notice; and the board of elections of each	52860
county in which the territory of such district is located shall	52861
make the other necessary arrangements for the submission of the	52862
question to the electors of the joint vocational or cooperative	52863
education school district at the next primary or general election	52864
occurring not less than ninety days after the resolution was	52865
received from the joint vocational or cooperative education school	52866
district board of education, or at a special election to be held	52867
at a time designated by the district board of education consistent	52868
with the requirements of section 3501.01 of the Revised Code,	52869
which date shall not be earlier than ninety days after the	52870
adoption and certification of the resolution.	52871

The board of elections of the county or counties in which	52872
territory of the joint vocational or cooperative education school	52873
district is located shall cause to be published in ~~one or more~~	52874
~~newspapers~~a newspaper of general circulation in that district an	52875
advertisement of the proposed tax levy question, together with a	52876
statement of the amount of the proposed levy once a week for two	52877
consecutive weeks or as provided in section 7.16 of the Revised	52878
Code, prior to the election at which the question is to appear on	52879
the ballot~~, and, if~~. If the board of elections operates and	52880
maintains a web site, the board also shall post ~~a similar~~the	52881
advertisement on its web site for thirty days prior to that	52882
election.	52883

If a majority of the electors voting on the question of	52884
levying such tax vote in favor of the levy, the joint vocational	52885
or cooperative education school district board of education shall	52886
annually make the levy within the district at the rate specified	52887
in the resolution and ballot or at any lesser rate, and the county	52888
auditor of each affected county shall annually place the levy on	52889
the tax list and duplicate of each school district in the county	52890
having territory in the joint vocational or cooperative education	52891
school district. The taxes realized from the levy shall be	52892
collected at the same time and in the same manner as other taxes	52893
on the duplicate, and the taxes, when collected, shall be paid to	52894
the treasurer of the joint vocational or cooperative education	52895
school district and deposited to a special fund, which shall be	52896
established by the joint vocational or cooperative education	52897
school district board of education for all revenue derived from	52898
any tax levied pursuant to this section and for the proceeds of	52899
anticipation notes which shall be deposited in such fund. After	52900
the approval of the levy, the joint vocational or cooperative	52901
education school district board of education may anticipate a	52902
fraction of the proceeds of the levy and from time to time, during	52903
the life of the levy, but in any year prior to the time when the	52904
tax collection from the levy so anticipated can be made for that	52905
year, issue anticipation notes in an amount not exceeding fifty	52906
per cent of the estimated proceeds of the levy to be collected in	52907
each year up to a period of five years after the date of the	52908
issuance of the notes, less an amount equal to the proceeds of the	52909
levy obligated for each year by the issuance of anticipation	52910
notes, provided that the total amount maturing in any one year	52911
shall not exceed fifty per cent of the anticipated proceeds of the	52912
levy for that year. Each issue of notes shall be sold as provided	52913
in Chapter 133. of the Revised Code, and shall, except for such	52914
limitation that the total amount of such notes maturing in any one	52915
year shall not exceed fifty per cent of the anticipated proceeds	52916
of the levy for that year, mature serially in substantially equal	52917
installments, during each year over a period not to exceed five	52918
years after their issuance.	52919

(B) Prior to the application of section 319.301 of the	52920
Revised Code, the rate of a levy that is limited to, or to the	52921
extent that it is apportioned to, purposes other than current	52922
expenses shall be reduced in the same proportion in which the	52923
district's total valuation increases during the life of the levy	52924
because of additions to such valuation that have resulted from	52925
improvements added to the tax list and duplicate.	52926

(C) The form of ballot cast at an election under division (A)	52927
of this section shall be as prescribed by section 5705.25 of the	52928
Revised Code.	52929

Sec. 3311.213. (A) With the approval of the board of	52930
education of a joint vocational school district ~~which~~that is in	52931
existence, any school district in the county or counties	52932
comprising the joint vocational school district or any school	52933
district in a county adjacent to a county comprising part of a	52934
joint vocational school district may become a part of the joint	52935
vocational school district. On the adoption of a resolution of	52936
approval by the board of education of the joint vocational school	52937
district, it shall advertise a copy of such resolution in a	52938
newspaper of general circulation in the school district proposing	52939
to become a part of such joint vocational school district once	52940
each week for ~~at least~~ two weeks, or as provided in section 7.16	52941
of the Revised Code, immediately following the date of the	52942
adoption of such resolution. Such resolution shall not become	52943
effective until the later of the sixty-first day after its	52944
adoption or until the board of elections certifies the results of	52945
an election in favor of joining of the school district to the	52946
joint vocational school district if such an election is held under	52947
division (B) of this section.	52948

(B) During the sixty-day period following the date of the	52949
adoption of a resolution to join a school district to a joint	52950
vocational school district under division (A) of this section, the	52951
electors of the school district that proposes joining the joint	52952
vocational school district may petition for a referendum vote on	52953
the resolution. The question whether to approve or disapprove the	52954
resolution shall be submitted to the electors of such school	52955
district if a number of qualified electors equal to twenty per	52956
cent of the number of electors in the school district who voted	52957
for the office of governor at the most recent general election for	52958
that office sign a petition asking that the question of whether	52959
the resolution shall be disapproved be submitted to the electors.	52960
The petition shall be filed with the board of elections of the	52961
county in which the school district is located. If the school	52962
district is located in more than one county, the petition shall be	52963
filed with the board of elections of the county in which the	52964
majority of the territory of the school district is located. The	52965
board shall certify the validity and sufficiency of the signatures	52966
on the petition.	52967

The board of elections shall immediately notify the board of	52968
education of the joint vocational school district and the board of	52969
education of the school district that proposes joining the joint	52970
vocational school district that the petition has been filed.	52971

The effect of the resolution shall be stayed until the board	52972
of elections certifies the validity and sufficiency of the	52973
signatures on the petition. If the board of elections determines	52974
that the petition does not contain a sufficient number of valid	52975
signatures and sixty days have passed since the adoption of the	52976
resolution, the resolution shall become effective.	52977

If the board of elections certifies that the petition	52978
contains a sufficient number of valid signatures, the board shall	52979
submit the question to the qualified electors of the school	52980
district on the day of the next general or primary election held	52981
at least ninety days after but no later than six months after the	52982
board of elections certifies the validity and sufficiency of	52983
signatures on the petition. If there is no general or primary	52984
election held at least ninety days after but no later than six	52985
months after the board of elections certifies the validity and	52986
sufficiency of signatures on the petition, the board shall submit	52987
the question to the electors at a special election to be held on	52988
the next day specified for special elections in division (D) of	52989
section 3501.01 of the Revised Code that occurs at least ninety	52990
days after the board certifies the validity and sufficiency of	52991
signatures on the petition. The election shall be conducted and	52992
canvassed and the results shall be certified in the same manner as	52993
in regular elections for the election of members of a board of	52994
education.	52995

If a majority of the electors voting on the question	52996
disapprove the resolution, the resolution shall not become	52997
effective.	52998

(C) If the resolution becomes effective, the board of	52999
education of the joint vocational school district shall notify the	53000
county auditor of the county in which the school district becoming	53001
a part of the joint vocational school district is located, who	53002
shall thereupon have any outstanding levy for building purposes,	53003
bond retirement, or current expenses in force in the joint	53004
vocational school district spread over the territory of the school	53005
district becoming a part of the joint vocational school district.	53006
On the addition of a city or exempted village school district or	53007
an educational service center to the joint vocational school	53008
district, pursuant to this section, the board of education of such	53009
joint vocational school district shall submit to the state board	53010
of education a proposal to enlarge the membership of such board by	53011
the addition of one or more persons at least one of whom shall be	53012
a member of the board of education or governing board of such	53013
additional school district or educational service center, and the	53014
term of each such additional member. On the addition of a local	53015
school district to the joint vocational school district, pursuant	53016
to this section, the board of education of such joint vocational	53017
school district may submit to the state board of education a	53018
proposal to enlarge the membership of such board by the addition	53019
of one or more persons who are members of the educational service	53020
center governing board of such additional local school district.	53021
On approval by the state board of education additional members	53022
shall be added to such joint vocational school district board of	53023
education.	53024

Sec. 3311.214. (A) With the approval of the state board of	53025
education, the boards of education of any two or more joint	53026
vocational school districts may, by the adoption of identical	53027
resolutions by a majority of the members of each such board,	53028
propose that one new joint vocational school district be created	53029
by adding together all of the territory of each of the districts	53030
and dissolving such districts. A copy of each resolution shall be	53031
filed with the state board of education for its approval or	53032
disapproval. The resolutions shall include a provision that the	53033
board of education of the new district shall be composed of the	53034
members from the same boards of education that composed the	53035
membership of the board of each of the districts to be dissolved,	53036
except that, if an even number of districts are to be dissolved,	53037
one additional member shall be added, who may be from any school	53038
district included in the territory of any of the districts to be	53039
dissolved as designated in the resolutions. The members of the new	53040
board shall have the same terms of office as they had under the	53041
respective plans of the districts adopting the resolutions, except	53042
that, if the new board has an additional member, hethe additional	53043
member shall have a term as specified in the resolutions.	53044

If the state board approves the resolutions, the board of	53045
education of each district to be dissolved shall advertise a copy	53046
of the resolution in a newspaper of general circulation in its	53047
district once each week for ~~at least~~ two weeks, or as provided in	53048
section 7.16 of the Revised Code, immediately following the date	53049
the resolutions are approved by the state board. The resolutions	53050
shall become effective on the first day of July next succeeding	53051
the sixtieth day following approval by the state board unless	53052
prior to the expiration of such sixty-day period, qualified	53053
electors residing in one of the districts to be dissolved equal in	53054
number to a majority of the qualified electors of that district	53055
voting at the last general election file with the state board a	53056
petition of remonstrance against creation of the proposed new	53057
district.	53058

(B) When a resolution becomes effective under division (A) of	53059
this section, each district in which a resolution was adopted and	53060
the board of each such district are dissolved. The territory of	53061
each dissolved district becomes a part of the new joint vocational	53062
school district. The net indebtedness of each dissolved district	53063
shall be assumed in full by the new district and the funds and	53064
property of each dissolved district shall become in full the funds	53065
and property of the new district. All existing contracts of each	53066
dissolved board shall be honored by the board of the new district	53067
until their expiration dates. The board of the new district shall	53068
notify the county auditor of each county in which each dissolved	53069
district was located that a resolution has become effective and a	53070
new district has been created and shall certify to each auditor	53071
any changes that might be required in the tax rate as a result of	53072
the creation of the new district.	53073

(C) As used in this section, "net indebtedness" means the	53074
difference between the par value of the outstanding and unpaid	53075
bonds and notes of the school district and the amount held in the	53076
sinking fund and other indebtedness retirement funds for their	53077
redemption.	53078

Sec. 3311.29. (A) Except as provided under division (B) or	53079
(C) of this section, no school district shall be created and no	53080
school district shall exist which does not maintain within such	53081
district public schools consisting of grades kindergarten through	53082
twelve and any such existing school district not maintaining such	53083
schools shall be dissolved and its territory joined with another	53084
school district or districts by order of the state board of	53085
education if no agreement is made among the surrounding districts	53086
voluntarily, which order shall provide an equitable division of	53087
the funds, property, and indebtedness of the dissolved school	53088
district among the districts receiving its territory. The state	53089
board of education may authorize exceptions to school districts	53090
where topography, sparsity of population, and other factors make	53091
compliance impracticable.	53092

The superintendent of public instruction is without authority	53093
to distribute funds under Chapter ~~3306. or~~ 3317. of the Revised	53094
Code to any school district that does not maintain schools with	53095
grades kindergarten through twelve and to which no exception has	53096
been granted by the state board of education.	53097

(B) Division (A) of this section does not apply to any joint	53098
vocational school district or any cooperative education school	53099
district established pursuant to divisions (A) to (C) of section	53100
3311.52 of the Revised Code.	53101

(C)(1)(a) Except as provided in division (C)(3) of this	53102
section, division (A) of this section does not apply to any	53103
cooperative education school district established pursuant to	53104
section 3311.521 of the Revised Code nor to the city, exempted	53105
village, or local school districts that have territory within such	53106
a cooperative education district.	53107

(b) The cooperative district and each city, exempted village,	53108
or local district with territory within the cooperative district	53109
shall maintain the grades that the resolution adopted or amended	53110
pursuant to section 3311.521 of the Revised Code specifies.	53111

(2) Any cooperative education school district described under	53112
division (C)(1) of this section that fails to maintain the grades	53113
it is specified to operate shall be dissolved by order of the	53114
state board of education unless prior to such an order the	53115
cooperative district is dissolved pursuant to section 3311.54 of	53116
the Revised Code. Any such order shall provide for the equitable	53117
adjustment, division, and disposition of the assets, property,	53118
debts, and obligations of the district among each city, local, and	53119
exempted village school district whose territory is in the	53120
cooperative district and shall provide that the tax duplicate of	53121
each city, local, and exempted village school district whose	53122
territory is in the cooperative district shall be bound for and	53123
assume its share of the outstanding indebtedness of the	53124
cooperative district.	53125

(3) If any city, exempted village, or local school district	53126
described under division (C)(1) of this section fails to maintain	53127
the grades it is specified to operate the cooperative district	53128
within which it has territory shall be dissolved in accordance	53129
with division (C)(2) of this section and upon that dissolution any	53130
city, exempted village, or local district failing to maintain	53131
grades kindergarten through twelve shall be subject to the	53132
provisions for dissolution in division (A) of this section.	53133

Sec. 3311.50. (A) As used in this section, "county school	53134
financing district" means a taxing district consisting of the	53135
following territory:	53136

(1) The territory that constitutes the educational service	53137
center on the date that the governing board of that educational	53138
service center adopts a resolution under division (B) of this	53139
section declaring that the territory of the educational service	53140
center is a county school financing district, exclusive of any	53141
territory subsequently withdrawn from the district under division	53142
(D) of this section;	53143

(2) Any territory that has been added to the county school	53144
financing district under this section.	53145

A county school financing district may include the territory	53146
of a city, local, or exempted village school district whose	53147
territory also is included in the territory of one or more other	53148
county school financing districts.	53149

(B) The governing board of any educational service center	53150
may, by resolution, declare that the territory of the educational	53151
service center is a county school financing district. The	53152
resolution shall state the purpose for which the county school	53153
financing district is created which may be for any one or more of	53154
the following purposes:	53155

(1) To levy taxes for the provision of special education by	53156
the school districts that are a part of the district, including	53157
taxes for permanent improvements for special education;	53158

(2) To levy taxes for the provision of specified educational	53159
programs and services by the school districts that are a part of	53160
the district, as identified in the resolution creating the	53161
district, including the levying of taxes for permanent	53162
improvements for those programs and services;	53163

(3) To levy taxes for permanent improvements of school	53164
districts that are a part of the district.	53165

The governing board of the educational service center that	53166
creates a county school financing district shall serve as the	53167
taxing authority of the district and may use educational service	53168
center governing board employees to perform any of the functions	53169
necessary in the performance of its duties as a taxing authority.	53170
A county school financing district shall not employ any personnel.	53171

With the approval of a majority of the members of the board	53172
of education of each school district within the territory of the	53173
county school financing district, the taxing authority of the	53174
financing district may amend the resolution creating the district	53175
to broaden or narrow the purposes for which it was created.	53176

A governing board of an educational service center may create	53177
more than one county school financing district. If a governing	53178
board of an educational service center creates more than one such	53179
district, it shall clearly distinguish among the districts it	53180
creates by including a designation of each district's purpose in	53181
the district's name.	53182

(C) A majority of the members of a board of education of a	53183
city, local, or exempted village school district may adopt a	53184
resolution requesting that its territory be joined with the	53185
territory of any county school financing district. Copies of the	53186
resolution shall be filed with the state board of education and	53187
the taxing authority of the county school financing district.	53188
Within sixty days of its receipt of such a resolution, the county	53189
school financing district's taxing authority shall vote on the	53190
question of whether to accept the school district's territory as	53191
part of the county school financing district. If a majority of the	53192
members of the taxing authority vote to accept the territory, the	53193
school district's territory shall thereupon become a part of the	53194
county school financing district unless the county school	53195
financing district has in effect a tax imposed under section	53196
5705.211 of the Revised Code. If the county school financing	53197
district has such a tax in effect, the taxing authority shall	53198
certify a copy of its resolution accepting the school district's	53199
territory to the school district's board of education, which may	53200
then adopt a resolution, with the affirmative vote of a majority	53201
of its members, proposing the submission to the electors of the	53202
question of whether the district's territory shall become a part	53203
of the county school financing district and subject to the taxes	53204
imposed by the financing district. The resolution shall set forth	53205
the date on which the question shall be submitted to the electors,	53206
which shall be at a special election held on a date specified in	53207
the resolution, which shall not be earlier than ninety days after	53208
the adoption and certification of the resolution. A copy of the	53209
resolution shall immediately be certified to the board of	53210
elections of the proper county, which shall make arrangements for	53211
the submission of the proposal to the electors of the school	53212
district. The board of the joining district shall publish notice	53213
of the election in ~~one or more newspapers~~a newspaper of general	53214
circulation in the county once a week for two consecutive weeks,	53215
or as provided in section 7.16 of the Revised Code, prior to the	53216
election. Additionally, if the board of elections operates and	53217
maintains a web site, the board of elections shall post notice of	53218
the election on its web site for thirty days prior to the	53219
election. The question appearing on the ballot shall read:	53220

"Shall the territory within .......... (name of the school	53221
district proposing to join the county school financing district)	53222
.......... be added to .......... (name) .......... county school	53223
financing district, and a property tax for the purposes of	53224
......... (here insert purposes) .......... at a rate of taxation	53225
not exceeding .......... (here insert the outstanding tax rate)	53226
........... be in effect for .......... (here insert the number of	53227
years the tax is to be in effect or "a continuing period of time,"	53228
as applicable) ..........?"	53229

If the proposal is approved by a majority of the electors	53230
voting on it, the joinder shall take effect on the first day of	53231
July following the date of the election, and the county board of	53232
elections shall notify the county auditor of each county in which	53233
the school district joining its territory to the county school	53234
financing district is located.	53235

(D) The board of any city, local, or exempted village school	53236
district whose territory is part of a county school financing	53237
district may withdraw its territory from the county school	53238
financing district thirty days after submitting to the governing	53239
board that is the taxing authority of the district and the state	53240
board a resolution proclaiming such withdrawal, adopted by a	53241
majority vote of its members, but any county school financing	53242
district tax levied in such territory on the effective date of the	53243
withdrawal shall remain in effect in such territory until such tax	53244
expires or is renewed. No board may adopt a resolution withdrawing	53245
from a county school financing district that would take effect	53246
during the forty-five days preceding the date of an election at	53247
which a levy proposed under section 5705.215 of the Revised Code	53248
is to be voted upon.	53249

(E) A city, local, or exempted village school district does	53250
not lose its separate identity or legal existence by reason of	53251
joining its territory to a county school financing district under	53252
this section and an educational service center does not lose its	53253
separate identity or legal existence by reason of creating a	53254
county school financing district that accepts or loses territory	53255
under this section.	53256

Sec. 3311.52. A cooperative education school district may be	53257
established pursuant to divisions (A) to (C) of this section or	53258
pursuant to section 3311.521 of the Revised Code.	53259

(A) A cooperative education school district may be	53260
established upon the adoption of identical resolutions within a	53261
sixty-day period by a majority of the members of the board of	53262
education of each city, local, and exempted village school	53263
district that is within the territory of a county school financing	53264
district.	53265

A copy of each resolution shall be filed with the governing	53266
board of the educational service center which created the county	53267
school financing district. Upon the filing of the last such	53268
resolution, the educational service center governing board shall	53269
immediately notify each board of education filing such a	53270
resolution of the date on which the last resolution was filed.	53271

Ten days after the date on which the last resolution is filed	53272
with the educational service center governing board or ten days	53273
after the last of any notices required under division (C) of this	53274
section is received by the educational service center governing	53275
board, whichever is later, the county school financing district	53276
shall be dissolved and the new cooperative education school	53277
district and the board of education of the cooperative education	53278
school district shall be established.	53279

On the date that any county school financing district is	53280
dissolved and a cooperative education school district is	53281
established under this section, each of the following shall apply:	53282

(1) The territory of the dissolved district becomes the	53283
territory of the new district.	53284

(2) Any outstanding tax levy in force in the dissolved	53285
district shall be spread over the territory of the new district	53286
and shall remain in force in the new district until the levy	53287
expires or is renewed.	53288

(3) Any funds of the dissolved district shall be paid over in	53289
full to the new district.	53290

(4) Any net indebtedness of the dissolved district shall be	53291
assumed in full by the new district. As used in division (A)(4) of	53292
this section, "net indebtedness" means the difference between the	53293
par value of the outstanding and unpaid bonds and notes of the	53294
dissolved district and the amount held in the sinking fund and	53295
other indebtedness retirement funds for their redemption.	53296

When a county school financing district is dissolved and a	53297
cooperative education school district is established under this	53298
section, the governing board of the educational service center	53299
that created the dissolved district shall give written notice of	53300
this fact to the county auditor and the board of elections of each	53301
county having any territory in the new district.	53302

(B) The resolutions adopted under division (A) of this	53303
section shall include all of the following provisions:	53304

(1) Provision that the governing board of the educational	53305
service center which created the county school financing district	53306
shall be the board of education of the cooperative education	53307
school district, except that provision may be made for the	53308
composition, selection, and terms of office of an alternative	53309
board of education of the cooperative district, which board shall	53310
include at least one member selected from or by the members of the	53311
board of education of each city, local, and exempted village	53312
school district and at least one member selected from or by the	53313
members of the educational service center governing board within	53314
the territory of the cooperative district;	53315

(2) Provision that the treasurer and superintendent of the	53316
educational service center which created the county school	53317
financing district shall be the treasurer and superintendent of	53318
the cooperative education school district, except that provision	53319
may be made for the selection of a treasurer or superintendent of	53320
the cooperative district other than the treasurer or	53321
superintendent of the educational service center, which provision	53322
shall require one of the following:	53323

(a) The selection of one person as both the treasurer and	53324
superintendent of the cooperative district, which provision may	53325
require such person to be the treasurer or superintendent of any	53326
city, local, or exempted village school district or educational	53327
service center within the territory of the cooperative district;	53328

(b) The selection of one person as the treasurer and another	53329
person as the superintendent of the cooperative district, which	53330
provision may require either one or both such persons to be	53331
treasurers or superintendents of any city, local, or exempted	53332
village school districts or educational service center within the	53333
territory of the cooperative district.	53334

(3) A statement of the educational program the board of	53335
education of the cooperative education school district will	53336
conduct, including but not necessarily limited to the type of	53337
educational program, the grade levels proposed for inclusion in	53338
the program, the timetable for commencing operation of the	53339
program, and the facilities proposed to be used or constructed to	53340
be used by the program;	53341

(4) A statement of the annual amount, or the method for	53342
determining that amount, of funds or services or facilities that	53343
each city, local, and exempted village school district within the	53344
territory of the cooperative district is required to pay to or	53345
provide for the use of the board of education of the cooperative	53346
education school district;	53347

(5) Provision for adopting amendments to the provisions of	53348
divisions (B)(2) to (4) of this section.	53349

(C) If the resolutions adopted under division (A) of this	53350
section provide for a board of education of the cooperative	53351
education school district that is not the governing board of the	53352
educational service center that created the county school	53353
financing district, each board of education of each city, local,	53354
or exempted village school district and the governing board of the	53355
educational service center within the territory of the cooperative	53356
district shall, within thirty days after the date on which the	53357
last resolution is filed with the educational service center	53358
governing board under division (A) of this section, select one or	53359
more members of the board of education of the cooperative district	53360
as provided in the resolutions filed with the educational service	53361
center governing board. Each such board shall immediately notify	53362
the educational service center governing board of each such	53363
selection.	53364

(D) Except for the powers and duties in this chapter and	53365
Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the	53366
Revised Code, a cooperative education school district established	53367
pursuant to divisions (A) to (C) of this section or pursuant to	53368
section 3311.521 of the Revised Code has all the powers of a city	53369
school district and its board of education has all the powers and	53370
duties of a board of education of a city school district with	53371
respect to the educational program specified in the resolutions	53372
adopted under division (A) of this section. All laws applicable to	53373
a city school district or the board of education or the members of	53374
the board of education of a city school district, except such laws	53375
in this chapter and Chapters 124., ~~3306.,~~ 3317., 3318., 3323., and	53376
3331. of the Revised Code, are applicable to a cooperative	53377
education school district and its board.	53378

The treasurer and superintendent of a cooperative education	53379
school district shall have the same respective duties and powers	53380
as a treasurer and superintendent of a city school district,	53381
except for any powers and duties in this chapter and Chapters	53382
124., ~~3306.,~~ 3317., 3318., 3323., and 3331. of the Revised Code.	53383

(E) For purposes of this title, any student included in the	53384
formula ADM certified for any city, exempted village, or local	53385
school district under section 3317.03 of the Revised Code by	53386
virtue of being counted, in whole or in part, in the average daily	53387
membership of a cooperative education school district under	53388
division (A)(2)(f) of that section shall be construed to be	53389
enrolled both in that city, exempted village, or local school	53390
district and in that cooperative education school district. This	53391
division shall not be construed to mean that any such individual	53392
student may be counted more than once for purposes of determining	53393
the average daily membership of any one school district.	53394

Sec. 3311.53. (A)(1) The board of education of any city,	53395
local, or exempted village school district that wishes to become	53396
part of a cooperative education school district established	53397
pursuant to divisions (A) to (C) of section 3311.52 of the Revised	53398
Code may adopt a resolution proposing to become a part of the	53399
cooperative education school district.	53400

(2) The board of education of any city, local, or exempted	53401
village school district that is contiguous to a cooperative	53402
education school district established pursuant to section 3311.521	53403
of the Revised Code and that wishes to become part of that	53404
cooperative district may adopt a resolution proposing to become	53405
part of that cooperative district.	53406

(B) If, after the adoption of a resolution in accordance with	53407
division (A) of this section, the board of education of the	53408
cooperative education school district named in that resolution	53409
also adopts a resolution accepting the new district, the board of	53410
the district wishing to become part of the cooperative district	53411
shall advertise a copy of the cooperative district board's	53412
resolution in a newspaper of general circulation in the school	53413
district proposing to become a part of the cooperative education	53414
school district once each week for ~~at least~~ two weeks, or as	53415
provided in section 7.16 of the Revised Code, immediately	53416
following the date of the adoption of the resolution. The	53417
resolution shall become legally effective on the sixtieth day	53418
after its adoption, unless prior to the expiration of that	53419
sixty-day period qualified electors residing in the school	53420
district proposed to become a part of the cooperative education	53421
school district equal in number to a majority of the qualified	53422
electors voting at the last general election file with the board	53423
of education a petition of remonstrance against the transfer. If	53424
the resolution becomes legally effective, both of the following	53425
shall apply:	53426

(1) The resolution that established the cooperative education	53427
school district pursuant to divisions (A) to (C) of section	53428
3311.52 or section 3311.521 of the Revised Code shall be amended	53429
to reflect the addition of the new district to the cooperative	53430
district.	53431

(2) The board of education of the cooperative education	53432
school district shall give written notice of this fact to the	53433
county auditor and the board of elections of each county in which	53434
the school district becoming a part of the cooperative education	53435
school district has territory. Any such county auditor shall	53436
thereupon have any outstanding levy for building purposes, bond	53437
retirement, or current expenses in force in the cooperative	53438
education school district spread over the territory of the school	53439
district becoming a part of the cooperative education school	53440
district.	53441

(C) If the board of education of the cooperative education	53442
school district is not the governing board of an educational	53443
service center, the board of education of the cooperative	53444
education school district shall, on the addition of a city, local,	53445
or exempted village school district to the district pursuant to	53446
this section, submit to the state board of education a proposal to	53447
enlarge the membership of the board. In the case of a cooperative	53448
district established pursuant to divisions (A) to (C) of section	53449
3311.52 of the Revised Code, the proposal shall add one or more	53450
persons to the district's board, at least one of whom shall be a	53451
member of or selected by the board of education of the additional	53452
school district, and shall specify the term of each such	53453
additional member. In the case of a cooperative district	53454
established pursuant to section 3311.521 of the Revised Code, the	53455
proposal shall add two or more persons to the district's board, at	53456
least two of whom shall be a member of or selected by the board of	53457
education of the additional school district, and shall specify the	53458
term of each such additional member. On approval by the state	53459
board of education, the additional members shall be added to the	53460
cooperative education school district board of education.	53461

Sec. 3311.73. (A) No later than ninety days before the	53462
general election held in the first even-numbered year occurring at	53463
least four years after the date it assumed control of the	53464
municipal school district pursuant to division (B) of section	53465
3311.71 of the Revised Code, the board of education appointed	53466
under that division shall notify the board of elections of each	53467
county containing territory of the municipal school district of	53468
the referendum election required by division (B) of this section.	53469

(B) At the general election held in the first even-numbered	53470
year occurring at least four years after the date the new board	53471
assumed control of a municipal school district pursuant to	53472
division (B) of section 3311.71 of the Revised Code, the following	53473
question shall be submitted to the electors residing in the school	53474
district:	53475

"Shall the mayor of ..... (here insert the name of the	53476
applicable municipal corporation) continue to appoint the members	53477
of the board of education of the ..... (here insert the name of	53478
the municipal school district)?"	53479

The board of elections of the county in which the majority of	53480
the school district's territory is located shall make all	53481
necessary arrangements for the submission of the question to the	53482
electors, and the election shall be conducted, canvassed, and	53483
certified in the same manner as regular elections in the district	53484
for the election of county officers, provided that in any such	53485
election in which only part of the electors of a precinct are	53486
qualified to vote, the board of elections may assign voters in	53487
such part to an adjoining precinct. Such an assignment may be made	53488
to an adjoining precinct in another county with the consent and	53489
approval of the board of elections of such other county. Notice of	53490
the election shall be published in a newspaper of general	53491
circulation in the school district once a week for two consecutive	53492
weeks, or as provided in section 7.16 of the Revised Code, prior	53493
to the election~~, and, if~~. If the board of elections operates and	53494
maintains a web site, the board of elections shall post notice of	53495
the election on its web site for thirty days prior to the	53496
election. The notice shall state the question on which the	53497
election is being held. The ballot shall be in the form prescribed	53498
by the secretary of state. Costs of submitting the question to the	53499
electors shall be charged to the municipal school district in	53500
accordance with section 3501.17 of the Revised Code.	53501

(C) If a majority of electors voting on the issue proposed in	53502
division (B) of this section approve the question, the mayor shall	53503
appoint a new board on the immediately following first day of July	53504
pursuant to division (F) of section 3311.71 of the Revised Code.	53505

(D) If a majority of electors voting on the issue proposed in	53506
division (B) of this section disapprove the question, a new	53507
seven-member board of education shall be elected at the next	53508
regular election occurring in November of an odd-numbered year. At	53509
such election, four members shall be elected for terms of four	53510
years and three members shall be elected for terms of two years.	53511
Thereafter, their successors shall be elected in the same manner	53512
and for the same terms as members of boards of education of a city	53513
school district. All members of the board of education of a	53514
municipal school district appointed pursuant to division (B) of	53515
section 3311.71 of the Revised Code shall continue to serve after	53516
the end of the terms to which they were appointed until their	53517
successors are qualified and assume office in accordance with	53518
section 3313.09 of the Revised Code.	53519

Sec. 3311.76. (A) Notwithstanding Chapters 3302.~~, 3306.,~~ and	53520
3317. of the Revised Code, upon written request of the district	53521
chief executive officer the state superintendent of public	53522
instruction may exempt a municipal school district from any rules	53523
adopted under Title XXXIII of the Revised Code except for any rule	53524
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,	53525
or Chapter 3323. of the Revised Code, and may authorize a	53526
municipal school district to apply funds allocated to the district	53527
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code, except	53528
those specifically allocated to purposes other than current	53529
expenses, to the payment of debt charges on the district's public	53530
obligations. The request must specify the provisions from which	53531
the district is seeking exemption or the application requested and	53532
the reasons for the request. The state superintendent shall	53533
approve the request if the superintendent finds the requested	53534
exemption or application is in the best interest of the district's	53535
students. The superintendent shall approve or disapprove the	53536
request within thirty days and shall notify the district board and	53537
the district chief executive officer of approval or reasons for	53538
disapproving the request.	53539

(B) In addition to the rights, authority, and duties	53540
conferred upon a municipal school district and its board of	53541
education in sections 3311.71 to 3311.76 of the Revised Code, a	53542
municipal school district and its board shall have all of the	53543
rights, authority, and duties conferred upon a city school	53544
district and its board by law that are not inconsistent with	53545
sections 3311.71 to 3311.76 of the Revised Code.	53546

Sec. 3313.29. The treasurer of each board of education shall	53547
keep an account of all school funds of the district. The treasurer	53548
shall receive all vouchers for payments and disbursements made to	53549
and by the board and preserve such vouchers for a period of ten	53550
years unless copied or reproduced according to the procedure	53551
prescribed in section 9.01 of the Revised Code. Thereafter, such	53552
vouchers may be destroyed by the treasurer upon applying to and	53553
obtaining an order from the school district records commission in	53554
the manner prescribed by section 149.41 of the Revised Code,	53555
except that it shall not be necessary to copy or reproduce such	53556
vouchers before their destruction. The treasurer shall render a	53557
statement to the board and to the superintendent of the school	53558
district, monthly, or more often if required, showing the revenues	53559
and receipts from whatever sources derived, the various	53560
appropriations made by the board, the expenditures and	53561
disbursements therefrom, the purposes thereof, the balances	53562
remaining in each appropriation, and the assets and liabilities of	53563
the school district. At the end of the fiscal year such statement	53564
shall be a complete exhibit of the financial affairs of the school	53565
district which may be published and distributed with the approval	53566
of the board. All monthly and yearly statements as required in	53567
this section shall be available for examination by the public.	53568

On request of the principal or other chief administrator of	53569
any nonpublic school located within the school district's	53570
territory, the treasurer shall provide such principal or	53571
administrator with an account of the moneys received by the	53572
district under division ~~(I)~~(E) of section 3317.024 of the Revised	53573
Code as reported to the district's board in the treasurer's most	53574
recent monthly statement.	53575

Sec. 3313.372. (A) As used in this section, "energy	53576
conservation measure" means an installation or modification of an	53577
installation in, or remodeling of, a building, to reduce energy	53578
consumption. It includes:	53579

(1) Insulation of the building structure and systems within	53580
the building;	53581

(2) Storm windows and doors, multiglazed windows and doors,	53582
heat absorbing or heat reflective glazed and coated window and	53583
door systems, additional glazing, reductions in glass area, and	53584
other window and door system modifications that reduce energy	53585
consumption;	53586

(3) Automatic energy control systems;

53587

(4) Heating, ventilating, or air conditioning system	53588
modifications or replacements;	53589

(5) Caulking and weatherstripping;

53590

(6) Replacement or modification of lighting fixtures to	53591
increase the energy efficiency of the system without increasing	53592
the overall illumination of a facility, unless such increase in	53593
illumination is necessary to conform to the applicable state or	53594
local building code for the proposed lighting system;	53595

(7) Energy recovery systems;

53596

(8) Cogeneration systems that produce steam or forms of	53597
energy such as heat, as well as electricity, for use primarily	53598
within a building or complex of buildings;	53599

(9) Any other modification, installation, or remodeling	53600
approved by the Ohio school facilities commission as an energy	53601
conservation measure.	53602

(B) A board of education of a city, exempted village, local,	53603
or joint vocational school district may enter into an installment	53604
payment contract for the purchase and installation of energy	53605
conservation measures. The provisions of such installment payment	53606
contracts dealing with interest charges and financing terms shall	53607
not be subject to the competitive bidding requirements of section	53608
3313.46 of the Revised Code, and shall be on the following terms:	53609

(1) Not less than one-fifteenth of the costs thereof shall be	53610
paid within two years from the date of purchase.	53611

(2) The remaining balance of the costs thereof shall be paid	53612
within fifteen years from the date of purchase.	53613

An installment payment contract entered into by a board of	53614
education under this section shall require the board to contract	53615
in accordance with division (A) of section 3313.46 of the Revised	53616
Code for the installation, modification, or remodeling of energy	53617
conservation measures unless division (A) of section 3313.46 of	53618
the Revised Code does not apply pursuant to division (B)(3) of	53619
that section.	53620

(C) The board may issue the notes of the school district	53621
signed by the president and the treasurer of the board and	53622
specifying the terms of the purchase and securing the deferred	53623
payments provided in this section, payable at the times provided	53624
and bearing interest at a rate not exceeding the rate determined	53625
as provided in section 9.95 of the Revised Code. The notes may	53626
contain an option for prepayment and shall not be subject to	53627
Chapter 133. of the Revised Code. In the resolution authorizing	53628
the notes, the board may provide, without the vote of the electors	53629
of the district, for annually levying and collecting taxes in	53630
amounts sufficient to pay the interest on and retire the notes,	53631
except that the total net indebtedness of the district without a	53632
vote of the electors incurred under this and all other sections of	53633
the Revised Code, except section 3318.052 of the Revised Code,	53634
shall not exceed one per cent of the district's tax valuation.	53635
Revenues derived from local taxes or otherwise, for the purpose of	53636
conserving energy or for defraying the current operating expenses	53637
of the district, may be applied to the payment of interest and the	53638
retirement of such notes. The notes may be sold at private sale or	53639
given to the contractor under the installment payment contract	53640
authorized by division (B) of this section.	53641

(D) Debt incurred under this section shall not be included in	53642
the calculation of the net indebtedness of a school district under	53643
section 133.06 of the Revised Code.	53644

(E) No school district board shall enter into an installment	53645
payment contract under division (B) of this section unless it	53646
first obtains a report of the costs of the energy conservation	53647
measures and the savings thereof as described under division (G)	53648
of section 133.06 of the Revised Code as a requirement for issuing	53649
energy securities, makes a finding that the amount spent on such	53650
measures is not likely to exceed the amount of money it would save	53651
in energy costs and resultant operational and maintenance costs as	53652
described in that division, except that that finding shall cover	53653
the ensuing fifteen years, and the Ohio school facilities	53654
commission determines that the district board's findings are	53655
reasonable and approves the contract as described in that	53656
division.	53657

The district board shall monitor the savings and maintain a	53658
report of those savings, which shall be ~~available~~submitted to the	53659
commission in the same manner as required by division (G) of	53660
section 133.06 of the Revised Code in the case of energy	53661
securities.	53662

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	53663
(F), and (G) of this section, when a board of education decides to	53664
dispose of real or personal property that it owns in its corporate	53665
capacity and that exceeds in value ten thousand dollars, it shall	53666
sell the property at public auction, after giving at least thirty	53667
days' notice of the auction by publication in a newspaper of	53668
general circulation in the school district, by publication as	53669
provided in section 7.16 of the Revised Code, or by posting	53670
notices in five of the most public places in the school district	53671
in which the property, if it is real property, is situated, or, if	53672
it is personal property, in the school district of the board of	53673
education that owns the property. The board may offer real	53674
property for sale as an entire tract or in parcels.	53675

(B) When the board of education has offered real or personal	53676
property for sale at public auction at least once pursuant to	53677
division (A) of this section, and the property has not been sold,	53678
the board may sell it at a private sale. Regardless of how it was	53679
offered at public auction, at a private sale, the board shall, as	53680
it considers best, sell real property as an entire tract or in	53681
parcels, and personal property in a single lot or in several lots.	53682

(C) If a board of education decides to dispose of real or	53683
personal property that it owns in its corporate capacity and that	53684
exceeds in value ten thousand dollars, it may sell the property to	53685
the adjutant general; to any subdivision or taxing authority as	53686
respectively defined in divisions (A) and (C) of section 5705.01	53687
of the Revised Code, township park district, board of park	53688
commissioners established under Chapter 755. of the Revised Code,	53689
or park district established under Chapter 1545. of the Revised	53690
Code; to a wholly or partially tax-supported university,	53691
university branch, or college; or to the board of trustees of a	53692
school district library, upon such terms as are agreed upon. The	53693
sale of real or personal property to the board of trustees of a	53694
school district library is limited, in the case of real property,	53695
to a school district library within whose boundaries the real	53696
property is situated, or, in the case of personal property, to a	53697
school district library whose boundaries lie in whole or in part	53698
within the school district of the selling board of education.	53699

(D) When a board of education decides to trade as a part or	53700
an entire consideration, an item of personal property on the	53701
purchase price of an item of similar personal property, it may	53702
trade the same upon such terms as are agreed upon by the parties	53703
to the trade.	53704

(E) The president and the treasurer of the board of education	53705
shall execute and deliver deeds or other necessary instruments of	53706
conveyance to complete any sale or trade under this section.	53707

(F) When a board of education has identified a parcel of real	53708
property that it determines is needed for school purposes, the	53709
board may, upon a majority vote of the members of the board,	53710
acquire that property by exchanging real property that the board	53711
owns in its corporate capacity for the identified real property or	53712
by using real property that the board owns in its corporate	53713
capacity as part or an entire consideration for the purchase price	53714
of the identified real property. Any exchange or acquisition made	53715
pursuant to this division shall be made by a conveyance executed	53716
by the president and the treasurer of the board.	53717

(G)~~(1)~~ When a school district board of education decides to	53718
dispose of real property suitable for use as classroom space,	53719
prior to disposing of that property under divisions (A) to (F) of	53720
this section, it shall first offer that property for sale to the	53721
governing authorities of the start-up community schools	53722
established under Chapter 3314. of the Revised Code located within	53723
the territory of the school district, at a price that is not	53724
higher than the appraised fair market value of that property. If	53725
more than one community school governing authority accepts the	53726
offer made by the school district board, the board shall sell the	53727
property to the governing authority that accepted the offer first	53728
in time. If no community school governing authority accepts the	53729
offer within sixty days after the offer is made by the school	53730
district board, the board may dispose of the property in the	53731
applicable manner prescribed under divisions (A) to (F) of this	53732
section.	53733

~~(2) When a school district board of education has not used~~	53734
~~real property suitable for classroom space for academic~~	53735
~~instruction, administration, storage, or any other educational~~	53736
~~purpose for one full school year and has not adopted a resolution~~	53737
~~outlining a plan for using that property for any of those purposes~~	53738
~~within the next three school years, it shall offer that property~~	53739
~~for sale to the governing authorities of the start-up community~~	53740
~~schools established under Chapter 3314. of the Revised Code~~	53741
~~located within the territory of the school district, at a price~~	53742
~~that is not higher than the appraised fair market value of that~~	53743
~~property. If more than one community school governing authority~~	53744
~~accepts the offer made by the school district board, the board~~	53745
~~shall sell the property to the governing authority that accepted~~	53746
~~the offer first in time.~~	53747

(H) When a school district board of education has property	53748
that the board, by resolution, finds is not needed for school	53749
district use, is obsolete, or is unfit for the use for which it	53750
was acquired, the board may donate that property in accordance	53751
with this division if the fair market value of the property is, in	53752
the opinion of the board, two thousand five hundred dollars or	53753
less.	53754

The property may be donated to an eligible nonprofit	53755
organization that is located in this state and is exempt from	53756
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	53757
Before donating any property under this division, the board shall	53758
adopt a resolution expressing its intent to make unneeded,	53759
obsolete, or unfit-for-use school district property available to	53760
these organizations. The resolution shall include guidelines and	53761
procedures the board considers to be necessary to implement the	53762
donation program and shall indicate whether the school district	53763
will conduct the donation program or the board will contract with	53764
a representative to conduct it. If a representative is known when	53765
the resolution is adopted, the resolution shall provide contact	53766
information such as the representative's name, address, and	53767
telephone number.	53768

The resolution shall include within its procedures a	53769
requirement that any nonprofit organization desiring to obtain	53770
donated property under this division shall submit a written notice	53771
to the board or its representative. The written notice shall	53772
include evidence that the organization is a nonprofit organization	53773
that is located in this state and is exempt from federal income	53774
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	53775
the organization's primary purpose; a description of the type or	53776
types of property the organization needs; and the name, address,	53777
and telephone number of a person designated by the organization's	53778
governing board to receive donated property and to serve as its	53779
agent.	53780

After adoption of the resolution, the board shall publish, in	53781
a newspaper of general circulation in the school district or as	53782
provided in section 7.16 of the Revised Code, notice of its intent	53783
to donate unneeded, obsolete, or unfit-for-use school district	53784
property to eligible nonprofit organizations. The notice shall	53785
include a summary of the information provided in the resolution	53786
and shall be published ~~at least~~ twice. The second ~~and any~~	53787
~~subsequent~~ notice shall be published not less than ten nor more	53788
than twenty days after the previous notice. A similar notice also	53789
shall be posted continually in the board's office~~, and, if~~. If the	53790
school district maintains a web site on the internet, the notice	53791
shall be posted continually at that web site.	53792

The board or its representatives shall maintain a list of all	53793
nonprofit organizations that notify the board or its	53794
representative of their desire to obtain donated property under	53795
this division and that the board or its representative determines	53796
to be eligible, in accordance with the requirements set forth in	53797
this section and in the donation program's guidelines and	53798
procedures, to receive donated property.	53799

The board or its representative also shall maintain a list of	53800
all school district property the board finds to be unneeded,	53801
obsolete, or unfit for use and to be available for donation under	53802
this division. The list shall be posted continually in a	53803
conspicuous location in the board's office, and, if the school	53804
district maintains a web site on the internet, the list shall be	53805
posted continually at that web site. An item of property on the	53806
list shall be donated to the eligible nonprofit organization that	53807
first declares to the board or its representative its desire to	53808
obtain the item unless the board previously has established, by	53809
resolution, a list of eligible nonprofit organizations that shall	53810
be given priority with respect to the item's donation. Priority	53811
may be given on the basis that the purposes of a nonprofit	53812
organization have a direct relationship to specific school	53813
district purposes of programs provided or administered by the	53814
board. A resolution giving priority to certain nonprofit	53815
organizations with respect to the donation of an item of property	53816
shall specify the reasons why the organizations are given that	53817
priority.	53818

Members of the board shall consult with the Ohio ethics	53819
commission, and comply with Chapters 102. and 2921. of the Revised	53820
Code, with respect to any donation under this division to a	53821
nonprofit organization of which a board member, any member of a	53822
board member's family, or any business associate of a board member	53823
is a trustee, officer, board member, or employee.	53824

Sec. 3313.411. (A) As used in this section, "unused school	53825
facilities" means any real property that has been used by a school	53826
district for school operations, including, but not limited to,	53827
academic instruction or administration, since July 1, 1998, but	53828
has not been used in that capacity for two years.	53829

(B) On and after the effective date of this section, any	53830
school district board of education shall offer any unused school	53831
facilities it owns in its corporate capacity for lease to the	53832
governing authorities of community schools established under	53833
Chapter 3314. of the Revised Code that are located within the	53834
territory of the school district. If more than one community	53835
school governing authority accepts the offer to lease that	53836
property, the district board shall lease the property to the	53837
governing authority of the community school with the highest	53838
ranking according to performance index score, as defined in	53839
section 3302.01 of the Revised Code.	53840

The price offered by the district board shall be as follows:

53841

(1) For community schools ranked in the top fifty per cent of	53842
all school district buildings, community schools, and STEM schools	53843
statewide, one dollar;	53844

(2) For all other community schools, an amount not higher	53845
than the fair market value of the leasehold in the neighborhood	53846
and community.	53847

If no community school governing authority accepts the offer	53848
to lease the property within sixty days after the offer is made,	53849
the district board may offer the property for lease to any other	53850
entity.	53851

(C) Notwithstanding division (B) of this section, a school	53852
district board may renew any agreement it originally entered into	53853
prior to the effective date of this section to lease real property	53854
to an entity other than a community school. Nothing in this	53855
section shall affect the leasehold arrangements between the	53856
district board and that other entity.	53857

Sec. 3313.46. (A) In addition to any other law governing the	53858
bidding for contracts by the board of education of any school	53859
district, when any such board determines to build, repair,	53860
enlarge, improve, or demolish any school building, the cost of	53861
which will exceed twenty-five thousand dollars, except in cases of	53862
urgent necessity, or for the security and protection of school	53863
property, and except as otherwise provided in division (D) of	53864
section 713.23 and in section 125.04 of the Revised Code, all of	53865
the following shall apply:	53866

(1) The board shall cause to be prepared the plans,	53867
specifications, and related information as required in divisions	53868
(A)~~, (B)~~(1), (2), and ~~(D)~~(3) of section 153.01 of the Revised Code	53869
unless the board determines that other information is sufficient	53870
to inform any bidders of the board's requirements. However, if the	53871
board determines that such other information is sufficient for	53872
bidding a project, the board shall not engage in the construction	53873
of any such project involving the practice of professional	53874
engineering, professional surveying, or architecture, for which	53875
plans, specifications, and estimates have not been made by, and	53876
the construction thereof inspected by, a licensed professional	53877
engineer, licensed professional surveyor, or registered architect.	53878

(2) The board shall advertise for bids once each week for a	53879
period of not less than two consecutive weeks, or as provided in	53880
section 7.16 of the Revised Code, in a newspaper of general	53881
circulation in the district before the date specified by the board	53882
for receiving bids. The board may also cause notice to be inserted	53883
in trade papers or other publications designated by it or to be	53884
distributed by electronic means, including posting the notice on	53885
the board's internet web site. If the board posts the notice on	53886
its web site, it may eliminate the second notice otherwise	53887
required to be published in a newspaper of general circulation	53888
within the school district, provided that the first notice	53889
published in such newspaper meets all of the following	53890
requirements:	53891

(a) It is published at least two weeks before the opening of	53892
bids.	53893

(b) It includes a statement that the notice is posted on the	53894
board of education's internet web site.	53895

(c) It includes the internet address of the board's internet	53896
web site.	53897

(d) It includes instructions describing how the notice may be	53898
accessed on the board's internet web site.	53899

(3) Unless the board extends the time for the opening of bids	53900
they shall be opened at the time and place specified by the board	53901
in the advertisement for the bids.	53902

(4) Each bid shall contain the name of every person	53903
interested therein. Each bid shall meet the requirements of	53904
section 153.54 of the Revised Code.	53905

(5) When both labor and materials are embraced in the work	53906
bid for, the board may require that each be separately stated in	53907
the bid, with the price thereof, or may require that bids be	53908
submitted without such separation.	53909

(6) None but the lowest responsible bid shall be accepted.	53910
The board may reject all the bids, or accept any bid for both	53911
labor and material for such improvement or repair, which is the	53912
lowest in the aggregate. In all other respects, the award of	53913
contracts for improvement or repair, but not for purchases made	53914
under section 3327.08 of the Revised Code, shall be pursuant to	53915
section 153.12 of the Revised Code.	53916

(7) The contract shall be between the board and the bidders.	53917
The board shall pay the contract price for the work pursuant to	53918
sections 153.13 and 153.14 of the Revised Code. The board shall	53919
approve and retain the estimates referred to in section 153.13 of	53920
the Revised Code and make them available to the auditor of state	53921
upon request.	53922

(8) When two or more bids are equal, in the whole, or in any	53923
part thereof, and are lower than any others, either may be	53924
accepted, but in no case shall the work be divided between such	53925
bidders.	53926

(9) When there is reason to believe there is collusion or	53927
combination among the bidders, or any number of them, the bids of	53928
those concerned therein shall be rejected.	53929

(B) Division (A) of this section does not apply to the board	53930
of education of any school district in any of the following	53931
situations:	53932

(1) The acquisition of educational materials used in	53933
teaching.	53934

(2) If the board determines and declares by resolution	53935
adopted by two-thirds of all its members that any item is	53936
available and can be acquired only from a single source.	53937

(3) If the board declares by resolution adopted by two-thirds	53938
of all its members that division (A) of this section does not	53939
apply to any installation, modification, or remodeling involved in	53940
any energy conservation measure undertaken through an installment	53941
payment contract under section 3313.372 of the Revised Code or	53942
undertaken pursuant to division (G) of section 133.06 of the	53943
Revised Code.	53944

(4) The acquisition of computer software for instructional	53945
purposes and computer hardware for instructional purposes pursuant	53946
to division (B)(4) of section 3313.37 of the Revised Code.	53947

(C) No resolution adopted pursuant to division (B)(2) or (3)	53948
of this section shall have any effect on whether sections 153.12	53949
to 153.14 and 153.54 of the Revised Code apply to the board of	53950
education of any school district with regard to any item.	53951

~~Sec. 3314.20.~~ Sec. 3313.473. This section does not apply to any	53952
school district declared to be excellent or effective pursuant to	53953
division (B)(1) or (2) of section 3302.03 of the Revised Code.	53954

(A) The state board of education shall adopt rules requiring	53955
school districts with a total student count of over five thousand,	53956
as determined pursuant to section 3317.03 of the Revised Code, to	53957
designate one school building to be operated by a site-based	53958
management council. The rules shall specify the composition of the	53959
council and the manner in which members of the council are to be	53960
selected and removed.	53961

(B) The rules adopted under division (A) of this section	53962
shall specify those powers, duties, functions, and	53963
responsibilities that shall be vested in the management council	53964
and that would otherwise be exercised by the district board of	53965
education. The rules shall also establish a mechanism for	53966
resolving any differences between the council and the district	53967
board if there is disagreement as to their respective powers,	53968
duties, functions, and responsibilities.	53969

(C) The board of education of any school district described	53970
by division (A) of this section may, in lieu of complying with the	53971
rules adopted under this section, file with the department of	53972
education an alternative structure for a district site-based	53973
management program in at least one of its school buildings. The	53974
proposal shall specify the composition of the council, which shall	53975
include an equal number of parents and teachers and the building	53976
principal, and the method of selection and removal of the council	53977
members. The proposal shall also clearly delineate the respective	53978
powers, duties, functions, and responsibilities of the district	53979
board and the council. The district's proposal shall comply	53980
substantially with the rules adopted under division (A) of this	53981
section.	53982

Sec. 3313.482. (A) Annually, prior to the first day of	53983
September, the board of education of each city, local, and	53984
exempted village school district shall adopt a resolution	53985
specifying a contingency plan under which the district's students	53986
will make up days on which it was necessary to close schools for	53987
any of the reasons specified in ~~division (A)(2) of section 3306.01~~	53988
~~and~~ division (B) of section 3317.01 of the Revised Code, if any	53989
such days must be made up in order to comply with the requirements	53990
of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	53991
Code. The plan shall provide for making up at least five school	53992
days. The plan may provide for making up some or all of the days a	53993
school is closed by increasing the length of other school days in	53994
the manner authorized in division (B) of this section. No	53995
resolution adopted pursuant to this division shall conflict with	53996
any collective bargaining agreement into which a board has entered	53997
pursuant to Chapter 4117. of the Revised Code and that is in	53998
effect in the district.	53999

(B) Notwithstanding anything to the contrary in the	54000
contingency plan it adopts under division (A) of this section, if	54001
a school district closes or evacuates any school building for any	54002
of the reasons specified in ~~division (A)(2) of section 3306.01 and~~	54003
division (B) of section 3317.01 of the Revised Code, or as a	54004
result of a bomb threat or any other report of an alleged or	54005
impending explosion, and if, as a result of the closing or	54006
evacuation, the school district would be unable to meet the	54007
requirements of sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01	54008
of the Revised Code regarding the number of days schools must be	54009
open for instruction or the requirements of the state minimum	54010
standards for the school day that are established by the	54011
department of education regarding the number of hours there must	54012
be in the school day, the school district may increase the length	54013
of one or more other school days for the school that was closed or	54014
evacuated, in increments of one-half hour, to make up the number	54015
of hours or days that the school building in question was so	54016
closed or evacuated for the purpose of satisfying the requirements	54017
of those sections.	54018

A school district that makes up, as described in this	54019
division, all of the hours or days that its school buildings were	54020
closed or evacuated for any of the reasons identified in this	54021
division shall be deemed to have complied with the requirements of	54022
sections ~~3306.01,~~ 3313.48, 3313.481, and 3317.01 of the Revised	54023
Code regarding the number of days schools must be open for	54024
instruction and the requirements of the state minimum standards	54025
regarding the number of hours there must be in the school day.	54026

Sec. 3313.533. (A) The board of education of a city,	54027
exempted village, or local school district may adopt a resolution	54028
to establish and maintain an alternative school in accordance with	54029
this section. The resolution shall specify, but not necessarily be	54030
limited to, all of the following:	54031

(1) The purpose of the school, which purpose shall be to	54032
serve students who are on suspension, who are having truancy	54033
problems, who are experiencing academic failure, who have a	54034
history of class disruption, who are exhibiting other academic or	54035
behavioral problems specified in the resolution, or who have been	54036
discharged or released from the custody of the department of youth	54037
services under section 5139.51 of the Revised Code;	54038

(2) The grades served by the school, which may include any of	54039
grades kindergarten through twelve;	54040

(3) A requirement that the school be operated in accordance	54041
with this section. The board of education adopting the resolution	54042
under division (A) of this section shall be the governing board of	54043
the alternative school. The board shall develop and implement a	54044
plan for the school in accordance with the resolution establishing	54045
the school and in accordance with this section. Each plan shall	54046
include, but not necessarily be limited to, all of the following:	54047

(a) Specification of the reasons for which students will be	54048
accepted for assignment to the school and any criteria for	54049
admission that are to be used by the board to approve or	54050
disapprove the assignment of students to the school;	54051

(b) Specification of the criteria and procedures that will be	54052
used for returning students who have been assigned to the school	54053
back to the regular education program of the district;	54054

(c) An evaluation plan for assessing the effectiveness of the	54055
school and its educational program and reporting the results of	54056
the evaluation to the public.	54057

(B) Notwithstanding any provision of Title XXXIII of the	54058
Revised Code to the contrary, the alternative school plan may	54059
include any of the following:	54060

(1) A requirement that on each school day students must	54061
attend school or participate in other programs specified in the	54062
plan or by the chief administrative officer of the school for a	54063
period equal to the minimum school day set by the state board of	54064
education under section 3313.48 of the Revised Code plus any	54065
additional time required in the plan or by the chief	54066
administrative officer;	54067

(2) Restrictions on student participation in extracurricular	54068
or interscholastic activities;	54069

(3) A requirement that students wear uniforms prescribed by	54070
the district board of education.	54071

(C) In accordance with the alternative school plan, the	54072
district board of education may employ teachers and nonteaching	54073
employees necessary to carry out its duties and fulfill its	54074
responsibilities or may contract with a nonprofit or for profit	54075
entity to operate the alternative school, including the provision	54076
of personnel, supplies, equipment, or facilities.	54077

(D) An alternative school may be established in all or part	54078
of a school building.	54079

(E) If a district board of education elects under this	54080
section, or is required by section 3313.534 of the Revised Code,	54081
to establish an alternative school, the district board may join	54082
with the board of education of one or more other districts to form	54083
a joint alternative school by forming a cooperative education	54084
school district under section 3311.52 or 3311.521 of the Revised	54085
Code, or a joint educational program under section 3313.842 of the	54086
Revised Code. The authority to employ personnel or to contract	54087
with a nonprofit or for profit entity under division (C) of this	54088
section applies to any alternative school program established	54089
under this division.	54090

(F) Any individual employed as a teacher at an alternative	54091
school operated by a nonprofit or for profit entity under this	54092
section shall be licensed and shall be subject to background	54093
checks, as described in section 3319.39 of the Revised Code, in	54094
the same manner as an individual employed by a school district.	54095

(G) Division (G) of this section applies only to any	54096
alternative school that is operated by a nonprofit or for profit	54097
entity under contract with the school district.	54098

(1) In addition to the specifications authorized under	54099
division (B) of this section, any plan adopted under that division	54100
for an alternative school to which division (G) of this section	54101
also applies shall include the following:	54102

(a) A description of the educational program provided at the	54103
alternative school, which shall include:	54104

(i) Provisions for the school to be configured in clusters or	54105
small learning communities;	54106

(ii) Provisions for the incorporation of education technology	54107
into the curriculum;	54108

(iii) Provisions for accelerated learning programs in reading	54109
and mathematics.	54110

(b) A method to determine the reading and mathematics level	54111
of each student assigned to the alternative school and a method to	54112
continuously monitor each student's progress in those areas. The	54113
methods employed under this division shall be aligned with the	54114
curriculum adopted by the school district board of education under	54115
section 3313.60 of the Revised Code.	54116

(c) A plan for social services to be provided at the	54117
alternative school, such as, but not limited to, counseling	54118
services, psychological support services, and enrichment programs;	54119

(d) A plan for a student's transition from the alternative	54120
school back to a school operated by the school district;	54121

(e) A requirement that the alternative school maintain	54122
financial records in a manner that is compatible with the form	54123
prescribed for school districts by the auditor of state to enable	54124
the district to comply with any rules adopted by the auditor of	54125
state.	54126

(2) Notwithstanding division (A)(2) of this section, any	54127
alternative school to which division (G) of this section applies	54128
shall include only grades six through twelve.	54129

(3) Notwithstanding anything in division (A)(3)(a) of this	54130
section to the contrary, the characteristics of students who may	54131
be assigned to an alternative school to which division (G) of this	54132
section applies shall include only disruptive and low-performing	54133
students.	54134

(H) When any district board of education determines to	54135
contract with a nonprofit or for profit entity to operate an	54136
alternative school under this section, the board shall use the	54137
procedure set forth in this division.	54138

(1) The board shall publish notice of a request for proposals	54139
in a newspaper of general circulation in the district once each	54140
week for a period of ~~at least~~ two consecutive weeks, or as	54141
provided in section 7.16 of the Revised Code, prior to the date	54142
specified by the board for receiving proposals. Notices of	54143
requests for proposals shall contain a general description of the	54144
subject of the proposed contract and the location where the	54145
request for proposals may be obtained. The request for proposals	54146
shall include all of the following information:	54147

(a) Instructions and information to respondents concerning	54148
the submission of proposals, including the name and address of the	54149
office where proposals are to be submitted;	54150

(b) Instructions regarding communications, including at least	54151
the names, titles, and telephone numbers of persons to whom	54152
questions concerning a proposal may be directed;	54153

(c) A description of the performance criteria that will be	54154
used to evaluate whether a respondent to which a contract is	54155
awarded is meeting the district's educational standards or the	54156
method by which such performance criteria will be determined;	54157

(d) Factors and criteria to be considered in evaluating	54158
proposals, the relative importance of each factor or criterion,	54159
and a description of the evaluation procedures to be followed;	54160

(e) Any terms or conditions of the proposed contract,	54161
including any requirement for a bond and the amount of such bond;	54162

(f) Documents that may be incorporated by reference into the	54163
request for proposals, provided that the request for proposals	54164
specifies where such documents may be obtained and that such	54165
documents are readily available to all interested parties.	54166

(2) After the date specified for receiving proposals, the	54167
board shall evaluate the submitted proposals and may hold	54168
discussions with any respondent to ensure a complete understanding	54169
of the proposal and the qualifications of such respondent to	54170
execute the proposed contract. Such qualifications shall include,	54171
but are not limited to, all of the following:	54172

(a) Demonstrated competence in performance of the required	54173
services as indicated by effective implementation of educational	54174
programs in reading and mathematics and at least three years of	54175
experience successfully serving a student population similar to	54176
the student population assigned to the alternative school;	54177

(b) Demonstrated performance in the areas of cost	54178
containment, the provision of educational services of a high	54179
quality, and any other areas determined by the board;	54180

(c) Whether the respondent has the resources to undertake the	54181
operation of the alternative school and to provide qualified	54182
personnel to staff the school;	54183

(d) Financial responsibility.

54184

(3) The board shall select for further review at least three	54185
proposals from respondents the board considers qualified to	54186
operate the alternative school in the best interests of the	54187
students and the district. If fewer than three proposals are	54188
submitted, the board shall select each proposal submitted. The	54189
board may cancel a request for proposals or reject all proposals	54190
at any time prior to the execution of a contract.	54191

The board may hold discussions with any of the three selected	54192
respondents to clarify or revise the provisions of a proposal or	54193
the proposed contract to ensure complete understanding between the	54194
board and the respondent of the terms under which a contract will	54195
be entered. Respondents shall be accorded fair and equal treatment	54196
with respect to any opportunity for discussion regarding	54197
clarifications or revisions. The board may terminate or	54198
discontinue any further discussion with a respondent upon written	54199
notice.	54200

(4) Upon further review of the three proposals selected by	54201
the board, the board shall award a contract to the respondent the	54202
board considers to have the most merit, taking into consideration	54203
the scope, complexity, and nature of the services to be performed	54204
by the respondent under the contract.	54205

(5) Except as provided in division (H)(6) of this section,	54206
the request for proposals, submitted proposals, and related	54207
documents shall become public records under section 149.43 of the	54208
Revised Code after the award of the contract.	54209

(6) Any respondent may request in writing that the board not	54210
disclose confidential or proprietary information or trade secrets	54211
contained in the proposal submitted by the respondent to the	54212
board. Any such request shall be accompanied by an offer of	54213
indemnification from the respondent to the board. The board shall	54214
determine whether to agree to the request and shall inform the	54215
respondent in writing of its decision. If the board agrees to	54216
nondisclosure of specified information in a proposal, such	54217
information shall not become a public record under section 149.43	54218
of the Revised Code. If the respondent withdraws its proposal at	54219
any time prior to the execution of a contract, the proposal shall	54220
not be a public record under section 149.43 of the Revised Code.	54221

(I) Upon a recommendation from the department and in	54222
accordance with section 3301.16 of the Revised Code, the state	54223
board of education may revoke the charter of any alternative	54224
school operated by a school district that violates this section.	54225

Sec. 3313.538. (A) No student who attends school in this	54226
state shall be denied the opportunity to participate in	54227
interscholastic athletics solely because the student's parents do	54228
not reside in this state, if the student resides in this state	54229
with the student's grandparent, uncle, aunt, or sibling who has	54230
legal or temporary custody of the student or is the guardian of	54231
the student.	54232

(B) No school district, school, interscholastic conference,	54233
or organization that regulates interscholastic conferences or	54234
events shall have a rule, bylaw, or other regulation that	54235
conflicts with this section.	54236

(C) As used in this section, "legal custody," "temporary	54237
custody," and "guardian" have the same meanings as in section	54238
2151.011 of the Revised Code.	54239

Sec. 3313.55. The board of education of any school district	54240
in which is located a state, district, county, or municipal	54241
hospital for children with epilepsy or any public institution,	54242
except state institutions for the care and treatment of	54243
delinquent, unstable, or socially maladjusted children, shall make	54244
provision for the education of all educable children therein;	54245
except that in the event another school district within the same	54246
county or an adjoining county is the source of sixty per cent or	54247
more of the children in said hospital or institution, the board of	54248
that school district shall make provision for the education of all	54249
the children therein. In any case in which a board provides	54250
educational facilities under this section, the board that provides	54251
the facilities shall be entitled to all moneys authorized for the	54252
attendance of pupils as provided in Chapter ~~3306. or~~ 3317. of the	54253
Revised Code, tuition as provided in section 3317.08 of the	54254
Revised Code, and such additional compensation as is provided for	54255
crippled children in sections 3323.01 to 3323.12 of the Revised	54256
Code. Any board that provides the educational facilities for	54257
children in county or municipal institutions established for the	54258
care and treatment of children who are delinquent, unstable, or	54259
socially maladjusted shall not be entitled to any moneys provided	54260
for crippled children in sections 3323.01 to 3323.12 of the	54261
Revised Code.	54262

Sec. 3313.603. (A) As used in this section:

54263

(1) "One unit" means a minimum of one hundred twenty hours of	54264
course instruction, except that for a laboratory course, "one	54265
unit" means a minimum of one hundred fifty hours of course	54266
instruction.	54267

(2) "One-half unit" means a minimum of sixty hours of course	54268
instruction, except that for physical education courses, "one-half	54269
unit" means a minimum of one hundred twenty hours of course	54270
instruction.	54271

(B) Beginning September 15, 2001, except as required in	54272
division (C) of this section and division (C) of section 3313.614	54273
of the Revised Code, the requirements for graduation from every	54274
high school shall include twenty units earned in grades nine	54275
through twelve and shall be distributed as follows:	54276

(1) English language arts, four units;

54277

(2) Health, one-half unit;

54278

(3) Mathematics, three units;

54279

(4) Physical education, one-half unit;

54280

(5) Science, two units until September 15, 2003, and three	54281
units thereafter, which at all times shall include both of the	54282
following:	54283

(a) Biological sciences, one unit;

54284

(b) Physical sciences, one unit.

54285

(6) Social studies, three units, which shall include both of	54286
the following:	54287

(a) American history, one-half unit;

54288

(b) American government, one-half unit.

54289

(7) Elective units, seven units until September 15, 2003, and	54290
six units thereafter.	54291

Each student's electives shall include at least one unit, or	54292
two half units, chosen from among the areas of	54293
business/technology, fine arts, and/or foreign language.	54294

(C) Beginning with students who enter ninth grade for the	54295
first time on or after July 1, 2010, except as provided in	54296
divisions (D) to (F) of this section, the requirements for	54297
graduation from every public and chartered nonpublic high school	54298
shall include twenty units that are designed to prepare students	54299
for the workforce and college. The units shall be distributed as	54300
follows:	54301

(1) English language arts, four units;

54302

(2) Health, one-half unit, which shall include instruction in	54303
nutrition and the benefits of nutritious foods and physical	54304
activity for overall health;	54305

(3) Mathematics, four units, which shall include one unit of	54306
algebra II or the equivalent of algebra II;	54307

(4) Physical education, one-half unit;

54308

(5) Science, three units with inquiry-based laboratory	54309
experience that engages students in asking valid scientific	54310
questions and gathering and analyzing information, which shall	54311
include the following, or their equivalent:	54312

(a) Physical sciences, one unit;

54313

(b) Life sciences, one unit;

54314

(c) Advanced study in one or more of the following sciences,	54315
one unit:	54316

(i) Chemistry, physics, or other physical science;

54317

(ii) Advanced biology or other life science;

54318

(iii) Astronomy, physical geology, or other earth or space	54319
science.	54320

(6) Social studies, three units, which shall include both of	54321
the following:	54322

(a) American history, one-half unit;

54323

(b) American government, one-half unit.

54324

Each school shall integrate the study of economics and	54325
financial literacy, as expressed in the social studies academic	54326
content standards adopted by the state board of education under	54327
division (A)(1) of section 3301.079 of the Revised Code and the	54328
academic content standards for financial literacy and	54329
entrepreneurship adopted under division (A)(2) of that section,	54330
into one or more existing social studies credits required under	54331
division (C)(6) of this section, or into the content of another	54332
class, so that every high school student receives instruction in	54333
those concepts. In developing the curriculum required by this	54334
paragraph, schools shall use available public-private partnerships	54335
and resources and materials that exist in business, industry, and	54336
through the centers for economics education at institutions of	54337
higher education in the state.	54338

(7) Five units consisting of one or any combination of	54339
foreign language, fine arts, business, career-technical education,	54340
family and consumer sciences, technology, agricultural education,	54341
a junior reserve officer training corps (JROTC) program approved	54342
by the congress of the United States under title 10 of the United	54343
States Code, or English language arts, mathematics, science, or	54344
social studies courses not otherwise required under division (C)	54345
of this section.	54346

Ohioans must be prepared to apply increased knowledge and	54347
skills in the workplace and to adapt their knowledge and skills	54348
quickly to meet the rapidly changing conditions of the	54349
twenty-first century. National studies indicate that all high	54350
school graduates need the same academic foundation, regardless of	54351
the opportunities they pursue after graduation. The goal of Ohio's	54352
system of elementary and secondary education is to prepare all	54353
students for and seamlessly connect all students to success in	54354
life beyond high school graduation, regardless of whether the next	54355
step is entering the workforce, beginning an apprenticeship,	54356
engaging in post-secondary training, serving in the military, or	54357
pursuing a college degree.	54358

The Ohio core curriculum is the standard expectation for all	54359
students entering ninth grade for the first time at a public or	54360
chartered nonpublic high school on or after July 1, 2010. A	54361
student may satisfy this expectation through a variety of methods,	54362
including, but not limited to, integrated, applied,	54363
career-technical, and traditional coursework.	54364

Whereas teacher quality is essential for student success in	54365
completing the Ohio core curriculum, the general assembly shall	54366
appropriate funds for strategic initiatives designed to strengthen	54367
schools' capacities to hire and retain highly qualified teachers	54368
in the subject areas required by the curriculum. Such initiatives	54369
are expected to require an investment of $120,000,000 over five	54370
years.	54371

Stronger coordination between high schools and institutions	54372
of higher education is necessary to prepare students for more	54373
challenging academic endeavors and to lessen the need for academic	54374
remediation in college, thereby reducing the costs of higher	54375
education for Ohio's students, families, and the state. The state	54376
board and the chancellor of the Ohio board of regents shall	54377
develop policies to ensure that only in rare instances will	54378
students who complete the Ohio core curriculum require academic	54379
remediation after high school.	54380

School districts, community schools, and chartered nonpublic	54381
schools shall integrate technology into learning experiences	54382
~~whenever practicable~~ across the curriculum in order to maximize	54383
efficiency, enhance learning, and prepare students for success in	54384
the technology-driven twenty-first century. Districts and schools	54385
~~may~~shall use distance and web-based course delivery as a method	54386
of providing or augmenting all instruction required under this	54387
division, including laboratory experience in science. Districts	54388
and schools shall ~~whenever practicable~~ utilize technology access	54389
and electronic learning opportunities provided by the eTech Ohio	54390
commission, the Ohio learning network, education technology	54391
centers, public television stations, and other public and private	54392
providers.	54393

(D) Except as provided in division (E) of this section, a	54394
student who enters ninth grade on or after July 1, 2010, and	54395
before July 1, 2014, may qualify for graduation from a public or	54396
chartered nonpublic high school even though the student has not	54397
completed the Ohio core curriculum prescribed in division (C) of	54398
this section if all of the following conditions are satisfied:	54399

(1) After the student has attended high school for two years,	54400
as determined by the school, the student and the student's parent,	54401
guardian, or custodian sign and file with the school a written	54402
statement asserting the parent's, guardian's, or custodian's	54403
consent to the student's graduating without completing the Ohio	54404
core curriculum and acknowledging that one consequence of not	54405
completing the Ohio core curriculum is ineligibility to enroll in	54406
most state universities in Ohio without further coursework.	54407

(2) The student and parent, guardian, or custodian fulfill	54408
any procedural requirements the school stipulates to ensure the	54409
student's and parent's, guardian's, or custodian's informed	54410
consent and to facilitate orderly filing of statements under	54411
division (D)(1) of this section.	54412

(3) The student and the student's parent, guardian, or	54413
custodian and a representative of the student's high school	54414
jointly develop an individual career plan for the student that	54415
specifies the student matriculating to a two-year degree program,	54416
acquiring a business and industry credential, or entering an	54417
apprenticeship.	54418

(4) The student's high school provides counseling and support	54419
for the student related to the plan developed under division	54420
(D)(3) of this section during the remainder of the student's high	54421
school experience.	54422

(5) The student successfully completes, at a minimum, the	54423
curriculum prescribed in division (B) of this section.	54424

The department of education, in collaboration with the	54425
chancellor, shall analyze student performance data to determine if	54426
there are mitigating factors that warrant extending the exception	54427
permitted by division (D) of this section to high school classes	54428
beyond those entering ninth grade before July 1, 2014. The	54429
department shall submit its findings and any recommendations not	54430
later than August 1, 2014, to the speaker and minority leader of	54431
the house of representatives, the president and minority leader of	54432
the senate, the chairpersons and ranking minority members of the	54433
standing committees of the house of representatives and the senate	54434
that consider education legislation, the state board of education,	54435
and the superintendent of public instruction.	54436

(E) Each school district and chartered nonpublic school	54437
retains the authority to require an even more rigorous minimum	54438
curriculum for high school graduation than specified in division	54439
(B) or (C) of this section. A school district board of education,	54440
through the adoption of a resolution, or the governing authority	54441
of a chartered nonpublic school may stipulate any of the	54442
following:	54443

(1) A minimum high school curriculum that requires more than	54444
twenty units of academic credit to graduate;	54445

(2) An exception to the district's or school's minimum high	54446
school curriculum that is comparable to the exception provided in	54447
division (D) of this section but with additional requirements,	54448
which may include a requirement that the student successfully	54449
complete more than the minimum curriculum prescribed in division	54450
(B) of this section;	54451

(3) That no exception comparable to that provided in division	54452
(D) of this section is available.	54453

(F) A student enrolled in a dropout prevention and recovery	54454
program, which program has received a waiver from the department,	54455
may qualify for graduation from high school by successfully	54456
completing a competency-based instructional program administered	54457
by the dropout prevention and recovery program in lieu of	54458
completing the Ohio core curriculum prescribed in division (C) of	54459
this section. The department shall grant a waiver to a dropout	54460
prevention and recovery program, within sixty days after the	54461
program applies for the waiver, if the program meets all of the	54462
following conditions:	54463

(1) The program serves only students not younger than sixteen	54464
years of age and not older than twenty-one years of age.	54465

(2) The program enrolls students who, at the time of their	54466
initial enrollment, either, or both, are at least one grade level	54467
behind their cohort age groups or experience crises that	54468
significantly interfere with their academic progress such that	54469
they are prevented from continuing their traditional programs.	54470

(3) The program requires students to attain at least the	54471
applicable score designated for each of the assessments prescribed	54472
under division (B)(1) of section 3301.0710 of the Revised Code or,	54473
to the extent prescribed by rule of the state board under division	54474
~~(E)~~(D)(6) of section 3301.0712 of the Revised Code, division	54475
(B)(2) of that section.	54476

(4) The program develops an individual career plan for the	54477
student that specifies the student's matriculating to a two-year	54478
degree program, acquiring a business and industry credential, or	54479
entering an apprenticeship.	54480

(5) The program provides counseling and support for the	54481
student related to the plan developed under division (F)(4) of	54482
this section during the remainder of the student's high school	54483
experience.	54484

(6) The program requires the student and the student's	54485
parent, guardian, or custodian to sign and file, in accordance	54486
with procedural requirements stipulated by the program, a written	54487
statement asserting the parent's, guardian's, or custodian's	54488
consent to the student's graduating without completing the Ohio	54489
core curriculum and acknowledging that one consequence of not	54490
completing the Ohio core curriculum is ineligibility to enroll in	54491
most state universities in Ohio without further coursework.	54492

(7) Prior to receiving the waiver, the program has submitted	54493
to the department an instructional plan that demonstrates how the	54494
academic content standards adopted by the state board under	54495
section 3301.079 of the Revised Code will be taught and assessed.	54496

If the department does not act either to grant the waiver or	54497
to reject the program application for the waiver within sixty days	54498
as required under this section, the waiver shall be considered to	54499
be granted.	54500

(G) Every high school may permit students below the ninth	54501
grade to take advanced work. If a high school so permits, it shall	54502
award high school credit for successful completion of the advanced	54503
work and shall count such advanced work toward the graduation	54504
requirements of division (B) or (C) of this section if the	54505
advanced work was both:	54506

(1) Taught by a person who possesses a license or certificate	54507
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	54508
Code that is valid for teaching high school;	54509

(2) Designated by the board of education of the city, local,	54510
or exempted village school district, the board of the cooperative	54511
education school district, or the governing authority of the	54512
chartered nonpublic school as meeting the high school curriculum	54513
requirements.	54514

Each high school shall record on the student's high school	54515
transcript all high school credit awarded under division (G) of	54516
this section. In addition, if the student completed a seventh- or	54517
eighth-grade fine arts course described in division (K) of this	54518
section and the course qualified for high school credit under that	54519
division, the high school shall record that course on the	54520
student's high school transcript.	54521

(H) The department shall make its individual academic career	54522
plan available through its Ohio career information system web site	54523
for districts and schools to use as a tool for communicating with	54524
and providing guidance to students and families in selecting high	54525
school courses.	54526

(I) Units earned in English language arts, mathematics,	54527
science, and social studies that are delivered through integrated	54528
academic and career-technical instruction are eligible to meet the	54529
graduation requirements of division (B) or (C) of this section.	54530

(J) The state board, in consultation with the chancellor,	54531
shall adopt a statewide plan implementing methods for students to	54532
earn units of high school credit based on a demonstration of	54533
subject area competency, instead of or in combination with	54534
completing hours of classroom instruction. The state board shall	54535
adopt the plan not later than March 31, 2009, and commence phasing	54536
in the plan during the 2009-2010 school year. The plan shall	54537
include a standard method for recording demonstrated proficiency	54538
on high school transcripts. Each school district,and community	54539
school~~, and chartered nonpublic school~~ shall comply with the state	54540
board's plan adopted under this division and award units of high	54541
school credit in accordance with the plan. The state board may	54542
adopt existing methods for earning high school credit based on a	54543
demonstration of subject area competency as necessary prior to the	54544
2009-2010 school year.	54545

(K) This division does not apply to students who qualify for	54546
graduation from high school under division (D) or (F) of this	54547
section, or to students pursuing a career-technical instructional	54548
track as determined by the school district board of education or	54549
the chartered nonpublic school's governing authority.	54550
Nevertheless, the general assembly encourages such students to	54551
consider enrolling in a fine arts course as an elective.	54552

Beginning with students who enter ninth grade for the first	54553
time on or after July 1, 2010, each student enrolled in a public	54554
or chartered nonpublic high school shall complete two semesters or	54555
the equivalent of fine arts to graduate from high school. The	54556
coursework may be completed in any of grades seven to twelve. Each	54557
student who completes a fine arts course in grade seven or eight	54558
may elect to count that course toward the five units of electives	54559
required for graduation under division (C)(7) of this section, if	54560
the course satisfied the requirements of division (G) of this	54561
section. In that case, the high school shall award the student	54562
high school credit for the course and count the course toward the	54563
five units required under division (C)(7) of this section. If the	54564
course in grade seven or eight did not satisfy the requirements of	54565
division (G) of this section, the high school shall not award the	54566
student high school credit for the course but shall count the	54567
course toward the two semesters or the equivalent of fine arts	54568
required by this division.	54569

(L) Notwithstanding anything to the contrary in this section,	54570
the board of education of each school district and the governing	54571
authority of each chartered nonpublic school may adopt a policy to	54572
excuse from the high school physical education requirement each	54573
student who, during high school, has participated in	54574
interscholastic athletics, marching band, or cheerleading for at	54575
least two full seasons or in the junior reserve officer training	54576
corps for at least two full school years. If the board or	54577
authority adopts such a policy, the board or authority shall not	54578
require the student to complete any physical education course as a	54579
condition to graduate. However, the student shall be required to	54580
complete one-half unit, consisting of at least sixty hours of	54581
instruction, in another course of study. In the case of a student	54582
who has participated in the junior reserve officer training corps	54583
for at least two full school years, credit received for that	54584
participation may be used to satisfy the requirement to complete	54585
one-half unit in another course of study.	54586

Sec. 3313.61. (A) A diploma shall be granted by the board of	54587
education of any city, exempted village, or local school district	54588
that operates a high school to any person to whom all of the	54589
following apply:	54590

(1) The person has successfully completed the curriculum in	54591
any high school or the individualized education program developed	54592
for the person by any high school pursuant to section 3323.08 of	54593
the Revised Code, or has qualified under division (D) or (F) of	54594
section 3313.603 of the Revised Code, provided that no school	54595
district shall require a student to remain in school for any	54596
specific number of semesters or other terms if the student	54597
completes the required curriculum early;	54598

(2) Subject to section 3313.614 of the Revised Code, the	54599
person has met the assessment requirements of division (A)(2)(a)	54600
or (b) of this section, as applicable.	54601

(a) If the person entered the ninth grade prior to the date	54602
prescribed by rule of the state board of education under division	54603
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	54604
either:	54605

(i) Has attained at least the applicable scores designated	54606
under division (B)(1) of section 3301.0710 of the Revised Code on	54607
all the assessments required by that division unless the person	54608
was excused from taking any such assessment pursuant to section	54609
3313.532 of the Revised Code or unless division (H) or (L) of this	54610
section applies to the person;	54611

(ii) Has satisfied the alternative conditions prescribed in	54612
section 3313.615 of the Revised Code.	54613

(b) If the person entered the ninth grade on or after the	54614
date prescribed by rule of the state board under division	54615
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	54616
~~attained on~~met the requirements of the entire assessment system	54617
prescribed under division (B)(2) of section 3301.0710 of the	54618
Revised Code ~~at least the required passing composite score,~~	54619
~~designated under division (C)(1) of section 3301.0712 of the~~	54620
~~Revised Code~~, except to the extent that the person is excused from	54621
some portion of that assessment system pursuant to section	54622
3313.532 of the Revised Code or division (H) or (L) of this	54623
section.	54624

(3) The person is not eligible to receive an honors diploma	54625
granted pursuant to division (B) of this section.	54626

Except as provided in divisions (C), (E), (J), and (L) of	54627
this section, no diploma shall be granted under this division to	54628
anyone except as provided under this division.	54629

(B) In lieu of a diploma granted under division (A) of this	54630
section, an honors diploma shall be granted, in accordance with	54631
rules of the state board, by any such district board to anyone who	54632
accomplishes all of the following:	54633

(1) Successfully completes the curriculum in any high school	54634
or the individualized education program developed for the person	54635
by any high school pursuant to section 3323.08 of the Revised	54636
Code;	54637

(2) Subject to section 3313.614 of the Revised Code, has met	54638
the assessment requirements of division (B)(2)(a) or (b) of this	54639
section, as applicable.	54640

(a) If the person entered the ninth grade prior to the date	54641
prescribed by rule of the state board of education under division	54642
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person	54643
either:	54644

(i) Has attained at least the applicable scores designated	54645
under division (B)(1) of section 3301.0710 of the Revised Code on	54646
all the assessments required by that division;	54647

(ii) Has satisfied the alternative conditions prescribed in	54648
section 3313.615 of the Revised Code.	54649

(b) If the person entered the ninth grade on or after the	54650
date prescribed by rule of the state board under division	54651
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	54652
~~attained on~~met the requirements of the entire assessment system	54653
prescribed under division (B)(2) of section 3301.0710 of the	54654
Revised Code ~~at least the required passing composite score,~~	54655
~~designated under division (C)(1) of section 3301.0712 of the~~	54656
~~Revised Code~~.	54657

(3) Has met additional criteria established by the state	54658
board for the granting of such a diploma.	54659

An honors diploma shall not be granted to a student who is	54660
subject to the Ohio core curriculum prescribed in division (C) of	54661
section 3313.603 of the Revised Code but elects the option of	54662
division (D) or (F) of that section. Except as provided in	54663
divisions (C), (E), and (J) of this section, no honors diploma	54664
shall be granted to anyone failing to comply with this division	54665
and no more than one honors diploma shall be granted to any	54666
student under this division.	54667

The state board shall adopt rules prescribing the granting of	54668
honors diplomas under this division. These rules may prescribe the	54669
granting of honors diplomas that recognize a student's achievement	54670
as a whole or that recognize a student's achievement in one or	54671
more specific subjects or both. The rules may prescribe the	54672
granting of an honors diploma recognizing technical expertise for	54673
a career-technical student. In any case, the rules shall designate	54674
two or more criteria for the granting of each type of honors	54675
diploma the board establishes under this division and the number	54676
of such criteria that must be met for the granting of that type of	54677
diploma. The number of such criteria for any type of honors	54678
diploma shall be at least one less than the total number of	54679
criteria designated for that type and no one or more particular	54680
criteria shall be required of all persons who are to be granted	54681
that type of diploma.	54682

(C) Any district board administering any of the assessments	54683
required by section 3301.0710 of the Revised Code to any person	54684
requesting to take such assessment pursuant to division (B)(8)(b)	54685
of section 3301.0711 of the Revised Code shall award a diploma to	54686
such person if the person attains at least the applicable scores	54687
designated under division (B)(1) of section 3301.0710 of the	54688
Revised Code on all the assessments administered and if the person	54689
has previously attained the applicable scores on all the other	54690
assessments required by division (B)(1) of that section or has	54691
been exempted or excused from attaining the applicable score on	54692
any such assessment pursuant to division (H) or (L) of this	54693
section or from taking any such assessment pursuant to section	54694
3313.532 of the Revised Code.	54695

(D) Each diploma awarded under this section shall be signed	54696
by the president and treasurer of the issuing board, the	54697
superintendent of schools, and the principal of the high school.	54698
Each diploma shall bear the date of its issue, be in such form as	54699
the district board prescribes, and be paid for out of the	54700
district's general fund.	54701

(E) A person who is a resident of Ohio and is eligible under	54702
state board of education minimum standards to receive a high	54703
school diploma based in whole or in part on credits earned while	54704
an inmate of a correctional institution operated by the state or	54705
any political subdivision thereof, shall be granted such diploma	54706
by the correctional institution operating the programs in which	54707
such credits were earned, and by the board of education of the	54708
school district in which the inmate resided immediately prior to	54709
the inmate's placement in the institution. The diploma granted by	54710
the correctional institution shall be signed by the director of	54711
the institution, and by the person serving as principal of the	54712
institution's high school and shall bear the date of issue.	54713

(F) Persons who are not residents of Ohio but who are inmates	54714
of correctional institutions operated by the state or any	54715
political subdivision thereof, and who are eligible under state	54716
board of education minimum standards to receive a high school	54717
diploma based in whole or in part on credits earned while an	54718
inmate of the correctional institution, shall be granted a diploma	54719
by the correctional institution offering the program in which the	54720
credits were earned. The diploma granted by the correctional	54721
institution shall be signed by the director of the institution and	54722
by the person serving as principal of the institution's high	54723
school and shall bear the date of issue.	54724

(G) The state board of education shall provide by rule for	54725
the administration of the assessments required by section	54726
3301.0710 of the Revised Code to inmates of correctional	54727
institutions.	54728

(H) Any person to whom all of the following apply shall be	54729
exempted from attaining the applicable score on the assessment in	54730
social studies designated under division (B)(1) of section	54731
3301.0710 of the Revised Code, any social studies end-of-course	54732
examination required under division (B)(2) of that section if such	54733
an exemption is prescribed by rule of the state board under	54734
division ~~(E)~~(D)(4) of section 3301.0712 of the Revised Code, or	54735
the test in citizenship designated under former division (B) of	54736
section 3301.0710 of the Revised Code as it existed prior to	54737
September 11, 2001:	54738

(1) The person is not a citizen of the United States;

54739

(2) The person is not a permanent resident of the United	54740
States;	54741

(3) The person indicates no intention to reside in the United	54742
States after the completion of high school.	54743

(I) Notwithstanding division (D) of section 3311.19 and	54744
division (D) of section 3311.52 of the Revised Code, this section	54745
and section 3311.611 of the Revised Code do not apply to the board	54746
of education of any joint vocational school district or any	54747
cooperative education school district established pursuant to	54748
divisions (A) to (C) of section 3311.52 of the Revised Code.	54749

(J) Upon receipt of a notice under division (D) of section	54750
3325.08 of division (D) of section 3328.25 of the Revised Code	54751
that a student has received a diploma under ~~that~~either section,	54752
the board of education receiving the notice may grant a high	54753
school diploma under this section to the student, except that such	54754
board shall grant the student a diploma if the student meets the	54755
graduation requirements that the student would otherwise have had	54756
to meet to receive a diploma from the district. The diploma	54757
granted under this section shall be of the same type the notice	54758
indicates the student received under section 3325.08 or 3328.25 of	54759
the Revised Code.	54760

(K) As used in this division, "limited English proficient	54761
student" has the same meaning as in division (C)(3) of section	54762
3301.0711 of the Revised Code.	54763

Notwithstanding division (C)(3) of section 3301.0711 of the	54764
Revised Code, no limited English proficient student who has not	54765
either attained the applicable scores designated under division	54766
(B)(1) of section 3301.0710 of the Revised Code on all the	54767
assessments required by that division, or ~~attained the composite~~	54768
~~score designated for~~met the requirements of the assessments	54769
required by division (B)(2) of that section, shall be awarded a	54770
diploma under this section.	54771

(L) Any student described by division (A)(1) of this section	54772
may be awarded a diploma without attaining the applicable scores	54773
designated on the assessments prescribed under division (B) of	54774
section 3301.0710 of the Revised Code provided an individualized	54775
education program specifically exempts the student from attaining	54776
such scores. This division does not negate the requirement for	54777
such a student to take all such assessments or alternate	54778
assessments required by division (C)(1) of section 3301.0711 of	54779
the Revised Code for the purpose of assessing student progress as	54780
required by federal law.	54781

Sec. 3313.611. (A) The state board of education shall adopt,	54782
by rule, standards for awarding high school credit equivalent to	54783
credit for completion of high school academic and vocational	54784
education courses to applicants for diplomas under this section.	54785
The standards may permit high school credit to be granted to an	54786
applicant for any of the following:	54787

(1) Work experiences or experiences as a volunteer;

54788

(2) Completion of academic, vocational, or self-improvement	54789
courses offered to persons over the age of twenty-one by a	54790
chartered public or nonpublic school;	54791

(3) Completion of academic, vocational, or self-improvement	54792
courses offered by an organization, individual, or educational	54793
institution other than a chartered public or nonpublic school;	54794

(4) Other life experiences considered by the board to provide	54795
knowledge and learning experiences comparable to that gained in a	54796
classroom setting.	54797

(B) The board of education of any city, exempted village, or	54798
local school district that operates a high school shall grant a	54799
diploma of adult education to any applicant if all of the	54800
following apply:	54801

(1) The applicant is a resident of the district;

54802

(2) The applicant is over the age of twenty-one and has not	54803
been issued a diploma as provided in section 3313.61 of the	54804
Revised Code;	54805

(3) Subject to section 3313.614 of the Revised Code, the	54806
applicant has met the assessment requirements of division	54807
(B)(3)(a) or (b) of this section, as applicable.	54808

(a) Prior to the date prescribed by rule of the state board	54809
under division ~~(E)~~(D)(3) of section 3301.0712 of the Revised Code,	54810
the applicant either:	54811

(i) Has attained the applicable scores designated under	54812
division (B)(1) of section 3301.0710 of the Revised Code on all of	54813
the assessments required by that division or was excused or	54814
exempted from any such assessment pursuant to section 3313.532 or	54815
was exempted from attaining the applicable score on any such	54816
assessment pursuant to division (H) or (L) of section 3313.61 of	54817
the Revised Code;	54818

(ii) Has satisfied the alternative conditions prescribed in	54819
section 3313.615 of the Revised Code.	54820

(b) On or after the date prescribed by rule of the state	54821
board under division ~~(E)~~(D)(3) of section 3301.0712 of the	54822
Revised Code, has ~~attained on~~met the requirements of the entire	54823
assessment system prescribed under division (B)(2) of section	54824
3301.0710 of the Revised Code ~~at least the required passing~~	54825
~~composite score, designated under division (C)(1) of section~~	54826
~~3301.0712 of the Revised Code~~, except and only to the extent that	54827
the applicant is excused from some portion of that assessment	54828
system pursuant to section 3313.532 of the Revised Code or	54829
division (H) or (L) of section 3313.61 of the Revised Code.	54830

(4) The district board determines, in accordance with the	54831
standards adopted under division (A) of this section, that the	54832
applicant has attained sufficient high school credits, including	54833
equivalent credits awarded under such standards, to qualify as	54834
having successfully completed the curriculum required by the	54835
district for graduation.	54836

(C) If a district board determines that an applicant is not	54837
eligible for a diploma under division (B) of this section, it	54838
shall inform the applicant of the reason the applicant is	54839
ineligible and shall provide a list of any courses required for	54840
the diploma for which the applicant has not received credit. An	54841
applicant may reapply for a diploma under this section at any	54842
time.	54843

(D) If a district board awards an adult education diploma	54844
under this section, the president and treasurer of the board and	54845
the superintendent of schools shall sign it. Each diploma shall	54846
bear the date of its issuance, be in such form as the district	54847
board prescribes, and be paid for from the district's general	54848
fund, except that the state board may by rule prescribe standard	54849
language to be included on each diploma.	54850

(E) As used in this division, "limited English proficient	54851
student" has the same meaning as in division (C)(3) of section	54852
3301.0711 of the Revised Code.	54853

Notwithstanding division (C)(3) of section 3301.0711 of the	54854
Revised Code, no limited English proficient student who has not	54855
either attained the applicable scores designated under division	54856
(B)(1) of section 3301.0710 of the Revised Code on all the	54857
assessments required by that division, or ~~attained the composite~~	54858
~~score designated for~~has not met the requirements of the	54859
assessments required by division (B)(2) of that section, shall be	54860
awarded a diploma under this section.	54861

Sec. 3313.612. (A) No nonpublic school chartered by the	54862
state board of education shall grant a high school diploma to any	54863
person unless, subject to section 3313.614 of the Revised Code,	54864
the person has met the assessment requirements of division (A)(1)	54865
or (2) of this section, as applicable.	54866

(1) If the person entered the ninth grade prior to the date	54867
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	54868
section 3301.0712 of the Revised Code, the person has attained at	54869
least the applicable scores designated under division (B)(1) of	54870
section 3301.0710 of the Revised Code on all the assessments	54871
required by that division, or has satisfied the alternative	54872
conditions prescribed in section 3313.615 of the Revised Code.	54873

(2) If the person entered the ninth grade on or after the	54874
date prescribed by rule of the state board under division (E)(2)	54875
of section 3301.0712 of the Revised Code, the person has ~~attained~~	54876
onmet the requirements of the entire assessment system	54877
prescribed under division (B)(2) of section 3301.0710 of the	54878
Revised Code ~~at least the required passing composite score,~~	54879
~~designated under division (C)(1) of section 3301.0712 of the~~	54880
~~Revised Code~~.	54881

(B) This section does not apply to either of the following:

54882

(1) Any person with regard to any assessment from which the	54883
person was excused pursuant to division (C)(1)(c) of section	54884
3301.0711 of the Revised Code;	54885

(2) Any person with regard to the social studies assessment	54886
under division (B)(1) of section 3301.0710 of the Revised Code,	54887
any social studies end-of-course examination required under	54888
division (B)(2) of that section if such an exemption is prescribed	54889
by rule of the state board of education under division ~~(E)~~(D)(4)	54890
of section 3301.0712 of the Revised Code, or the citizenship test	54891
under former division (B) of section 3301.0710 of the Revised Code	54892
as it existed prior to September 11, 2001, if all of the following	54893
apply:	54894

(a) The person is not a citizen of the United States;

54895

(b) The person is not a permanent resident of the United	54896
States;	54897

(c) The person indicates no intention to reside in the United	54898
States after completion of high school.	54899

(C) As used in this division, "limited English proficient	54900
student" has the same meaning as in division (C)(3) of section	54901
3301.0711 of the Revised Code.	54902

Notwithstanding division (C)(3) of section 3301.0711 of the	54903
Revised Code, no limited English proficient student who has not	54904
either attained the applicable scores designated under division	54905
(B)(1) of section 3301.0710 of the Revised Code on all the	54906
assessments required by that division, or ~~attained the composite~~	54907
~~score designated for~~met the requirements of the assessments	54908
~~required by~~under division (B)(2) of that section, shall be	54909
awarded a diploma under this section.	54910

Sec. 3313.614. (A) As used in this section, a person	54911
"fulfills the curriculum requirement for a diploma" at the time	54912
one of the following conditions is satisfied:	54913

(1) The person successfully completes the high school	54914
curriculum of a school district, a community school, a chartered	54915
nonpublic school, or a correctional institution.	54916

(2) The person successfully completes the individualized	54917
education program developed for the person under section 3323.08	54918
of the Revised Code.	54919

(3) A board of education issues its determination under	54920
section 3313.611 of the Revised Code that the person qualifies as	54921
having successfully completed the curriculum required by the	54922
district.	54923

(B) This division specifies the assessment requirements that	54924
must be fulfilled as a condition toward granting high school	54925
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	54926
of the Revised Code.	54927

(1) A person who fulfills the curriculum requirement for a	54928
diploma before September 15, 2000, is not required to pass any	54929
proficiency test or achievement test in science as a condition to	54930
receiving a diploma.	54931

(2) A person who began ninth grade prior to July 1, 2003, is	54932
not required to pass the Ohio graduation test prescribed under	54933
division (B)(1) of section 3301.0710 or any assessment prescribed	54934
under division (B)(2) of that section in any subject as a	54935
condition to receiving a diploma once the person has passed the	54936
ninth grade proficiency test in the same subject, so long as the	54937
person passed the ninth grade proficiency test prior to September	54938
15, 2008. However, any such person who passes the Ohio graduation	54939
test in any subject prior to passing the ninth grade proficiency	54940
test in the same subject shall be deemed to have passed the ninth	54941
grade proficiency test in that subject as a condition to receiving	54942
a diploma. For this purpose, the ninth grade proficiency test in	54943
citizenship substitutes for the Ohio graduation test in social	54944
studies. If a person began ninth grade prior to July 1, 2003, but	54945
does not pass a ninth grade proficiency test or the Ohio	54946
graduation test in a particular subject before September 15, 2008,	54947
and passage of a test in that subject is a condition for the	54948
person to receive a diploma, the person must pass the Ohio	54949
graduation test instead of the ninth grade proficiency test in	54950
that subject to receive a diploma.	54951

(3) A person who begins ninth grade on or after July 1, 2003,	54952
in a school district, community school, or chartered nonpublic	54953
school is not eligible to receive a diploma based on passage of	54954
ninth grade proficiency tests. Each such person who begins ninth	54955
grade prior to the date prescribed by the state board of education	54956
under division ~~(E)~~(D)(5) of section 3301.0712 of the Revised Code	54957
must pass Ohio graduation tests to meet the assessment	54958
requirements applicable to that person as a condition to receiving	54959
a diploma.	54960

(4) A person who begins ninth grade on or after the date	54961
prescribed by the state board of education under division	54962
~~(E)~~(D)(5) of section 3301.0712 of the Revised Code is not eligible	54963
to receive a diploma based on passage of the Ohio graduation	54964
tests. Each such person must ~~attain on~~meet the requirements of	54965
the entire assessment system prescribed under division (B)(2) of	54966
section 3301.0710 of the Revised Code ~~at least the required~~	54967
~~passing composite score, designated under division (C)(1) of~~	54968
~~section 3301.0712 of the Revised Code~~.	54969

(C) This division specifies the curriculum requirement that	54970
shall be completed as a condition toward granting high school	54971
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	54972
of the Revised Code.	54973

(1) A person who is under twenty-two years of age when the	54974
person fulfills the curriculum requirement for a diploma shall	54975
complete the curriculum required by the school district or school	54976
issuing the diploma for the first year that the person originally	54977
enrolled in high school, except for a person who qualifies for	54978
graduation from high school under either division (D) or (F) of	54979
section 3313.603 of the Revised Code.	54980

(2) Once a person fulfills the curriculum requirement for a	54981
diploma, the person is never required, as a condition of receiving	54982
a diploma, to meet any different curriculum requirements that take	54983
effect pending the person's passage of proficiency tests or	54984
achievement tests or assessments, including changes mandated by	54985
section 3313.603 of the Revised Code, the state board, a school	54986
district board of education, or a governing authority of a	54987
community school or chartered nonpublic school.	54988

Sec. 3313.64. (A) As used in this section and in section	54989
3313.65 of the Revised Code:	54990

(1)(a) Except as provided in division (A)(1)(b) of this	54991
section, "parent" means either parent, unless the parents are	54992
separated or divorced or their marriage has been dissolved or	54993
annulled, in which case "parent" means the parent who is the	54994
residential parent and legal custodian of the child. When a child	54995
is in the legal custody of a government agency or a person other	54996
than the child's natural or adoptive parent, "parent" means the	54997
parent with residual parental rights, privileges, and	54998
responsibilities. When a child is in the permanent custody of a	54999
government agency or a person other than the child's natural or	55000
adoptive parent, "parent" means the parent who was divested of	55001
parental rights and responsibilities for the care of the child and	55002
the right to have the child live with the parent and be the legal	55003
custodian of the child and all residual parental rights,	55004
privileges, and responsibilities.	55005

(b) When a child is the subject of a power of attorney	55006
executed under sections 3109.51 to 3109.62 of the Revised Code,	55007
"parent" means the grandparent designated as attorney in fact	55008
under the power of attorney. When a child is the subject of a	55009
caretaker authorization affidavit executed under sections 3109.64	55010
to 3109.73 of the Revised Code, "parent" means the grandparent	55011
that executed the affidavit.	55012

(2) "Legal custody," "permanent custody," and "residual	55013
parental rights, privileges, and responsibilities" have the same	55014
meanings as in section 2151.011 of the Revised Code.	55015

(3) "School district" or "district" means a city, local, or	55016
exempted village school district and excludes any school operated	55017
in an institution maintained by the department of youth services.	55018

(4) Except as used in division (C)(2) of this section, "home"	55019
means a home, institution, foster home, group home, or other	55020
residential facility in this state that receives and cares for	55021
children, to which any of the following applies:	55022

(a) The home is licensed, certified, or approved for such	55023
purpose by the state or is maintained by the department of youth	55024
services.	55025

(b) The home is operated by a person who is licensed,	55026
certified, or approved by the state to operate the home for such	55027
purpose.	55028

(c) The home accepted the child through a placement by a	55029
person licensed, certified, or approved to place a child in such a	55030
home by the state.	55031

(d) The home is a children's home created under section	55032
5153.21 or 5153.36 of the Revised Code.	55033

(5) "Agency" means all of the following:

55034

(a) A public children services agency;

55035

(b) An organization that holds a certificate issued by the	55036
Ohio department of job and family services in accordance with the	55037
requirements of section 5103.03 of the Revised Code and assumes	55038
temporary or permanent custody of children through commitment,	55039
agreement, or surrender, and places children in family homes for	55040
the purpose of adoption;	55041

(c) Comparable agencies of other states or countries that	55042
have complied with applicable requirements of section 2151.39 of	55043
the Revised Code or as applicable, sections 5103.20 to 5103.22 or	55044
5103.23 to 5103.237 of the Revised Code.	55045

(6) A child is placed for adoption if either of the following	55046
occurs:	55047

(a) An agency to which the child has been permanently	55048
committed or surrendered enters into an agreement with a person	55049
pursuant to section 5103.16 of the Revised Code for the care and	55050
adoption of the child.	55051

(b) The child's natural parent places the child pursuant to	55052
section 5103.16 of the Revised Code with a person who will care	55053
for and adopt the child.	55054

(7) "Preschool child with a disability" has the same meaning	55055
as in section 3323.01 of the Revised Code.	55056

(8) "Child," unless otherwise indicated, includes preschool	55057
children with disabilities.	55058

(9) "Active duty" means active duty pursuant to an executive	55059
order of the president of the United States, an act of the	55060
congress of the United States, or section 5919.29 or 5923.21 of	55061
the Revised Code.	55062

(B) Except as otherwise provided in section 3321.01 of the	55063
Revised Code for admittance to kindergarten and first grade, a	55064
child who is at least five but under twenty-two years of age and	55065
any preschool child with a disability shall be admitted to school	55066
as provided in this division.	55067

(1) A child shall be admitted to the schools of the school	55068
district in which the child's parent resides.	55069

(2) A child who does not reside in the district where the	55070
child's parent resides shall be admitted to the schools of the	55071
district in which the child resides if any of the following	55072
applies:	55073

(a) The child is in the legal or permanent custody of a	55074
government agency or a person other than the child's natural or	55075
adoptive parent.	55076

(b) The child resides in a home.

55077

55078

(3) A child who is not entitled under division (B)(2) of this	55079
section to be admitted to the schools of the district where the	55080
child resides and who is residing with a resident of this state	55081
with whom the child has been placed for adoption shall be admitted	55082
to the schools of the district where the child resides unless	55083
either of the following applies:	55084

(a) The placement for adoption has been terminated.

55085

(b) Another school district is required to admit the child	55086
under division (B)(1) of this section.	55087

Division (B) of this section does not prohibit the board of	55088
education of a school district from placing a child with a	55089
disability who resides in the district in a special education	55090
program outside of the district or its schools in compliance with	55091
Chapter 3323. of the Revised Code.	55092

(C) A district shall not charge tuition for children admitted	55093
under division (B)(1) or (3) of this section. If the district	55094
admits a child under division (B)(2) of this section, tuition	55095
shall be paid to the district that admits the child as provided in	55096
divisions (C)(1) to (3) of this section, unless division (C)(4) of	55097
this section applies to the child:	55098

(1) If the child receives special education in accordance	55099
with Chapter 3323. of the Revised Code, the school district of	55100
residence, as defined in section 3323.01 of the Revised Code,	55101
shall pay tuition for the child in accordance with section	55102
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code	55103
regardless of who has custody of the child or whether the child	55104
resides in a home.	55105

(2) For a child that does not receive special education in	55106
accordance with Chapter 3323. of the Revised Code, except as	55107
otherwise provided in division (C)(2)(d) of this section, if the	55108
child is in the permanent or legal custody of a government agency	55109
or person other than the child's parent, tuition shall be paid by:	55110

(a) The district in which the child's parent resided at the	55111
time the court removed the child from home or at the time the	55112
court vested legal or permanent custody of the child in the person	55113
or government agency, whichever occurred first;	55114

(b) If the parent's residence at the time the court removed	55115
the child from home or placed the child in the legal or permanent	55116
custody of the person or government agency is unknown, tuition	55117
shall be paid by the district in which the child resided at the	55118
time the child was removed from home or placed in legal or	55119
permanent custody, whichever occurred first;	55120

(c) If a school district cannot be established under division	55121
(C)(2)(a) or (b) of this section, tuition shall be paid by the	55122
district determined as required by section 2151.362 of the Revised	55123
Code by the court at the time it vests custody of the child in the	55124
person or government agency;	55125

(d) If at the time the court removed the child from home or	55126
vested legal or permanent custody of the child in the person or	55127
government agency, whichever occurred first, one parent was in a	55128
residential or correctional facility or a juvenile residential	55129
placement and the other parent, if living and not in such a	55130
facility or placement, was not known to reside in this state,	55131
tuition shall be paid by the district determined under division	55132
(D) of section 3313.65 of the Revised Code as the district	55133
required to pay any tuition while the parent was in such facility	55134
or placement;	55135

(e) If the department of education has determined, pursuant	55136
to division (A)(2) of section 2151.362 of the Revised Code, that a	55137
school district other than the one named in the court's initial	55138
order, or in a prior determination of the department, is	55139
responsible to bear the cost of educating the child, the district	55140
so determined shall be responsible for that cost.	55141

(3) If the child is not in the permanent or legal custody of	55142
a government agency or person other than the child's parent and	55143
the child resides in a home, tuition shall be paid by one of the	55144
following:	55145

(a) The school district in which the child's parent resides;

55146

(b) If the child's parent is not a resident of this state,	55147
the home in which the child resides.	55148

(4) Division (C)(4) of this section applies to any child who	55149
is admitted to a school district under division (B)(2) of this	55150
section, resides in a home that is not a foster home or a home	55151
maintained by the department of youth services, receives	55152
educational services at the home in which the child resides	55153
pursuant to a contract between the home and the school district	55154
providing those services, and does not receive special education.	55155

In the case of a child to which division (C)(4) of this	55156
section applies, the total educational cost to be paid for the	55157
child shall be determined by a formula approved by the department	55158
of education, which formula shall be designed to calculate a per	55159
diem cost for the educational services provided to the child for	55160
each day the child is served and shall reflect the total actual	55161
cost incurred in providing those services. The department shall	55162
certify the total educational cost to be paid for the child to	55163
both the school district providing the educational services and,	55164
if different, the school district that is responsible to pay	55165
tuition for the child. The department shall deduct the certified	55166
amount from the state basic aid funds payable under Chapter 3317.	55167
of the Revised Code to the district responsible to pay tuition and	55168
shall pay that amount to the district providing the educational	55169
services to the child.	55170

(D) Tuition required to be paid under divisions (C)(2) and	55171
(3)(a) of this section shall be computed in accordance with	55172
section 3317.08 of the Revised Code. Tuition required to be paid	55173
under division (C)(3)(b) of this section shall be computed in	55174
accordance with section 3317.081 of the Revised Code. If a home	55175
fails to pay the tuition required by division (C)(3)(b) of this	55176
section, the board of education providing the education may	55177
recover in a civil action the tuition and the expenses incurred in	55178
prosecuting the action, including court costs and reasonable	55179
attorney's fees. If the prosecuting attorney or city director of	55180
law represents the board in such action, costs and reasonable	55181
attorney's fees awarded by the court, based upon the prosecuting	55182
attorney's, director's, or one of their designee's time spent	55183
preparing and presenting the case, shall be deposited in the	55184
county or city general fund.	55185

(E) A board of education may enroll a child free of any	55186
tuition obligation for a period not to exceed sixty days, on the	55187
sworn statement of an adult resident of the district that the	55188
resident has initiated legal proceedings for custody of the child.	55189

(F) In the case of any individual entitled to attend school	55190
under this division, no tuition shall be charged by the school	55191
district of attendance and no other school district shall be	55192
required to pay tuition for the individual's attendance.	55193
Notwithstanding division (B), (C), or (E) of this section:	55194

(1) All persons at least eighteen but under twenty-two years	55195
of age who live apart from their parents, support themselves by	55196
their own labor, and have not successfully completed the high	55197
school curriculum or the individualized education program	55198
developed for the person by the high school pursuant to section	55199
3323.08 of the Revised Code, are entitled to attend school in the	55200
district in which they reside.	55201

(2) Any child under eighteen years of age who is married is	55202
entitled to attend school in the child's district of residence.	55203

(3) A child is entitled to attend school in the district in	55204
which either of the child's parents is employed if the child has a	55205
medical condition that may require emergency medical attention.	55206
The parent of a child entitled to attend school under division	55207
(F)(3) of this section shall submit to the board of education of	55208
the district in which the parent is employed a statement from the	55209
child's physician certifying that the child's medical condition	55210
may require emergency medical attention. The statement shall be	55211
supported by such other evidence as the board may require.	55212

(4) Any child residing with a person other than the child's	55213
parent is entitled, for a period not to exceed twelve months, to	55214
attend school in the district in which that person resides if the	55215
child's parent files an affidavit with the superintendent of the	55216
district in which the person with whom the child is living resides	55217
stating all of the following:	55218

(a) That the parent is serving outside of the state in the	55219
armed services of the United States;	55220

(b) That the parent intends to reside in the district upon	55221
returning to this state;	55222

(c) The name and address of the person with whom the child is	55223
living while the parent is outside the state.	55224

(5) Any child under the age of twenty-two years who, after	55225
the death of a parent, resides in a school district other than the	55226
district in which the child attended school at the time of the	55227
parent's death is entitled to continue to attend school in the	55228
district in which the child attended school at the time of the	55229
parent's death for the remainder of the school year, subject to	55230
approval of that district board.	55231

(6) A child under the age of twenty-two years who resides	55232
with a parent who is having a new house built in a school district	55233
outside the district where the parent is residing is entitled to	55234
attend school for a period of time in the district where the new	55235
house is being built. In order to be entitled to such attendance,	55236
the parent shall provide the district superintendent with the	55237
following:	55238

(a) A sworn statement explaining the situation, revealing the	55239
location of the house being built, and stating the parent's	55240
intention to reside there upon its completion;	55241

(b) A statement from the builder confirming that a new house	55242
is being built for the parent and that the house is at the	55243
location indicated in the parent's statement.	55244

(7) A child under the age of twenty-two years residing with a	55245
parent who has a contract to purchase a house in a school district	55246
outside the district where the parent is residing and who is	55247
waiting upon the date of closing of the mortgage loan for the	55248
purchase of such house is entitled to attend school for a period	55249
of time in the district where the house is being purchased. In	55250
order to be entitled to such attendance, the parent shall provide	55251
the district superintendent with the following:	55252

(a) A sworn statement explaining the situation, revealing the	55253
location of the house being purchased, and stating the parent's	55254
intent to reside there;	55255

(b) A statement from a real estate broker or bank officer	55256
confirming that the parent has a contract to purchase the house,	55257
that the parent is waiting upon the date of closing of the	55258
mortgage loan, and that the house is at the location indicated in	55259
the parent's statement.	55260

The district superintendent shall establish a period of time	55261
not to exceed ninety days during which the child entitled to	55262
attend school under division (F)(6) or (7) of this section may	55263
attend without tuition obligation. A student attending a school	55264
under division (F)(6) or (7) of this section shall be eligible to	55265
participate in interscholastic athletics under the auspices of	55266
that school, provided the board of education of the school	55267
district where the student's parent resides, by a formal action,	55268
releases the student to participate in interscholastic athletics	55269
at the school where the student is attending, and provided the	55270
student receives any authorization required by a public agency or	55271
private organization of which the school district is a member	55272
exercising authority over interscholastic sports.	55273

(8) A child whose parent is a full-time employee of a city,	55274
local, or exempted village school district, or of an educational	55275
service center, may be admitted to the schools of the district	55276
where the child's parent is employed, or in the case of a child	55277
whose parent is employed by an educational service center, in the	55278
district that serves the location where the parent's job is	55279
primarily located, provided the district board of education	55280
establishes such an admission policy by resolution adopted by a	55281
majority of its members. Any such policy shall take effect on the	55282
first day of the school year and the effective date of any	55283
amendment or repeal may not be prior to the first day of the	55284
subsequent school year. The policy shall be uniformly applied to	55285
all such children and shall provide for the admission of any such	55286
child upon request of the parent. No child may be admitted under	55287
this policy after the first day of classes of any school year.	55288

(9) A child who is with the child's parent under the care of	55289
a shelter for victims of domestic violence, as defined in section	55290
3113.33 of the Revised Code, is entitled to attend school free in	55291
the district in which the child is with the child's parent, and no	55292
other school district shall be required to pay tuition for the	55293
child's attendance in that school district.	55294

The enrollment of a child in a school district under this	55295
division shall not be denied due to a delay in the school	55296
district's receipt of any records required under section 3313.672	55297
of the Revised Code or any other records required for enrollment.	55298
Any days of attendance and any credits earned by a child while	55299
enrolled in a school district under this division shall be	55300
transferred to and accepted by any school district in which the	55301
child subsequently enrolls. The state board of education shall	55302
adopt rules to ensure compliance with this division.	55303

(10) Any child under the age of twenty-two years whose parent	55304
has moved out of the school district after the commencement of	55305
classes in the child's senior year of high school is entitled,	55306
subject to the approval of that district board, to attend school	55307
in the district in which the child attended school at the time of	55308
the parental move for the remainder of the school year and for one	55309
additional semester or equivalent term. A district board may also	55310
adopt a policy specifying extenuating circumstances under which a	55311
student may continue to attend school under division (F)(10) of	55312
this section for an additional period of time in order to	55313
successfully complete the high school curriculum for the	55314
individualized education program developed for the student by the	55315
high school pursuant to section 3323.08 of the Revised Code.	55316

(11) As used in this division, "grandparent" means a parent	55317
of a parent of a child. A child under the age of twenty-two years	55318
who is in the custody of the child's parent, resides with a	55319
grandparent, and does not require special education is entitled to	55320
attend the schools of the district in which the child's	55321
grandparent resides, provided that, prior to such attendance in	55322
any school year, the board of education of the school district in	55323
which the child's grandparent resides and the board of education	55324
of the school district in which the child's parent resides enter	55325
into a written agreement specifying that good cause exists for	55326
such attendance, describing the nature of this good cause, and	55327
consenting to such attendance.	55328

In lieu of a consent form signed by a parent, a board of	55329
education may request the grandparent of a child attending school	55330
in the district in which the grandparent resides pursuant to	55331
division (F)(11) of this section to complete any consent form	55332
required by the district, including any authorization required by	55333
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised	55334
Code. Upon request, the grandparent shall complete any consent	55335
form required by the district. A school district shall not incur	55336
any liability solely because of its receipt of a consent form from	55337
a grandparent in lieu of a parent.	55338

Division (F)(11) of this section does not create, and shall	55339
not be construed as creating, a new cause of action or substantive	55340
legal right against a school district, a member of a board of	55341
education, or an employee of a school district. This section does	55342
not affect, and shall not be construed as affecting, any	55343
immunities from defenses to tort liability created or recognized	55344
by Chapter 2744. of the Revised Code for a school district,	55345
member, or employee.	55346

(12) A child under the age of twenty-two years is entitled to	55347
attend school in a school district other than the district in	55348
which the child is entitled to attend school under division (B),	55349
(C), or (E) of this section provided that, prior to such	55350
attendance in any school year, both of the following occur:	55351

(a) The superintendent of the district in which the child is	55352
entitled to attend school under division (B), (C), or (E) of this	55353
section contacts the superintendent of another district for	55354
purposes of this division;	55355

(b) The superintendents of both districts enter into a	55356
written agreement that consents to the attendance and specifies	55357
that the purpose of such attendance is to protect the student's	55358
physical or mental well-being or to deal with other extenuating	55359
circumstances deemed appropriate by the superintendents.	55360

While an agreement is in effect under this division for a	55361
student who is not receiving special education under Chapter 3323.	55362
of the Revised Code and notwithstanding Chapter 3327. of the	55363
Revised Code, the board of education of neither school district	55364
involved in the agreement is required to provide transportation	55365
for the student to and from the school where the student attends.	55366

A student attending a school of a district pursuant to this	55367
division shall be allowed to participate in all student	55368
activities, including interscholastic athletics, at the school	55369
where the student is attending on the same basis as any student	55370
who has always attended the schools of that district while of	55371
compulsory school age.	55372

(13) All school districts shall comply with the	55373
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	55374
seq., for the education of homeless children. Each city, local,	55375
and exempted village school district shall comply with the	55376
requirements of that act governing the provision of a free,	55377
appropriate public education, including public preschool, to each	55378
homeless child.	55379

When a child loses permanent housing and becomes a homeless	55380
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	55381
such a homeless person changes temporary living arrangements, the	55382
child's parent or guardian shall have the option of enrolling the	55383
child in either of the following:	55384

(a) The child's school of origin, as defined in 42 U.S.C.A.	55385
11432(g)(3)(C);	55386

(b) The school that is operated by the school district in	55387
which the shelter where the child currently resides is located and	55388
that serves the geographic area in which the shelter is located.	55389

(14) A child under the age of twenty-two years who resides	55390
with a person other than the child's parent is entitled to attend	55391
school in the school district in which that person resides if both	55392
of the following apply:	55393

(a) That person has been appointed, through a military power	55394
of attorney executed under section 574(a) of the "National Defense	55395
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	55396
U.S.C. 1044b, or through a comparable document necessary to	55397
complete a family care plan, as the parent's agent for the care,	55398
custody, and control of the child while the parent is on active	55399
duty as a member of the national guard or a reserve unit of the	55400
armed forces of the United States or because the parent is a	55401
member of the armed forces of the United States and is on a duty	55402
assignment away from the parent's residence.	55403

(b) The military power of attorney or comparable document	55404
includes at least the authority to enroll the child in school.	55405

The entitlement to attend school in the district in which the	55406
parent's agent under the military power of attorney or comparable	55407
document resides applies until the end of the school year in which	55408
the military power of attorney or comparable document expires.	55409

(G) A board of education, after approving admission, may	55410
waive tuition for students who will temporarily reside in the	55411
district and who are either of the following:	55412

(1) Residents or domiciliaries of a foreign nation who	55413
request admission as foreign exchange students;	55414

(2) Residents or domiciliaries of the United States but not	55415
of Ohio who request admission as participants in an exchange	55416
program operated by a student exchange organization.	55417

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	55418
3327.04, and 3327.06 of the Revised Code, a child may attend	55419
school or participate in a special education program in a school	55420
district other than in the district where the child is entitled to	55421
attend school under division (B) of this section.	55422

(I)(1) Notwithstanding anything to the contrary in this	55423
section or section 3313.65 of the Revised Code, a child under	55424
twenty-two years of age may attend school in the school district	55425
in which the child, at the end of the first full week of October	55426
of the school year, was entitled to attend school as otherwise	55427
provided under this section or section 3313.65 of the Revised	55428
Code, if at that time the child was enrolled in the schools of the	55429
district but since that time the child or the child's parent has	55430
relocated to a new address located outside of that school district	55431
and within the same county as the child's or parent's address	55432
immediately prior to the relocation. The child may continue to	55433
attend school in the district, and at the school to which the	55434
child was assigned at the end of the first full week of October of	55435
the current school year, for the balance of the school year.	55436
Division (I)(1) of this section applies only if both of the	55437
following conditions are satisfied:	55438

(a) The board of education of the school district in which	55439
the child was entitled to attend school at the end of the first	55440
full week in October and of the district to which the child or	55441
child's parent has relocated each has adopted a policy to enroll	55442
children described in division (I)(1) of this section.	55443

(b) The child's parent provides written notification of the	55444
relocation outside of the school district to the superintendent of	55445
each of the two school districts.	55446

(2) At the beginning of the school year following the school	55447
year in which the child or the child's parent relocated outside of	55448
the school district as described in division (I)(1) of this	55449
section, the child is not entitled to attend school in the school	55450
district under that division.	55451

(3) Any person or entity owing tuition to the school district	55452
on behalf of the child at the end of the first full week in	55453
October, as provided in division (C) of this section, shall	55454
continue to owe such tuition to the district for the child's	55455
attendance under division (I)(1) of this section for the lesser of	55456
the balance of the school year or the balance of the time that the	55457
child attends school in the district under division (I)(1) of this	55458
section.	55459

(4) A pupil who may attend school in the district under	55460
division (I)(1) of this section shall be entitled to	55461
transportation services pursuant to an agreement between the	55462
district and the district in which the child or child's parent has	55463
relocated unless the districts have not entered into such	55464
agreement, in which case the child shall be entitled to	55465
transportation services in the same manner as a pupil attending	55466
school in the district under interdistrict open enrollment as	55467
described in division (H) of section 3313.981 of the Revised Code,	55468
regardless of whether the district has adopted an open enrollment	55469
policy as described in division (B)(1)(b) or (c) of section	55470
3313.98 of the Revised Code.	55471

(J) This division does not apply to a child receiving special	55472
education.	55473

A school district required to pay tuition pursuant to	55474
division (C)(2) or (3) of this section or section 3313.65 of the	55475
Revised Code shall have an amount deducted under division ~~(F)~~(C)	55476
of section 3317.023 of the Revised Code equal to its own tuition	55477
rate for the same period of attendance. A school district entitled	55478
to receive tuition pursuant to division (C)(2) or (3) of this	55479
section or section 3313.65 of the Revised Code shall have an	55480
amount credited under division ~~(F)~~(C) of section 3317.023 of the	55481
Revised Code equal to its own tuition rate for the same period of	55482
attendance. If the tuition rate credited to the district of	55483
attendance exceeds the rate deducted from the district required to	55484
pay tuition, the department of education shall pay the district of	55485
attendance the difference from amounts deducted from all	55486
districts' payments under division ~~(F)~~(C) of section 3317.023 of	55487
the Revised Code but not credited to other school districts under	55488
such division and from appropriations made for such purpose. The	55489
treasurer of each school district shall, by the fifteenth day of	55490
January and July, furnish the superintendent of public instruction	55491
a report of the names of each child who attended the district's	55492
schools under divisions (C)(2) and (3) of this section or section	55493
3313.65 of the Revised Code during the preceding six calendar	55494
months, the duration of the attendance of those children, the	55495
school district responsible for tuition on behalf of the child,	55496
and any other information that the superintendent requires.	55497

Upon receipt of the report the superintendent, pursuant to	55498
division ~~(F)~~(C) of section 3317.023 of the Revised Code, shall	55499
deduct each district's tuition obligations under divisions (C)(2)	55500
and (3) of this section or section 3313.65 of the Revised Code and	55501
pay to the district of attendance that amount plus any amount	55502
required to be paid by the state.	55503

(K) In the event of a disagreement, the superintendent of	55504
public instruction shall determine the school district in which	55505
the parent resides.	55506

(L) Nothing in this section requires or authorizes, or shall	55507
be construed to require or authorize, the admission to a public	55508
school in this state of a pupil who has been permanently excluded	55509
from public school attendance by the superintendent of public	55510
instruction pursuant to sections 3301.121 and 3313.662 of the	55511
Revised Code.	55512

(M) In accordance with division (B)(1) of this section, a	55513
child whose parent is a member of the national guard or a reserve	55514
unit of the armed forces of the United States and is called to	55515
active duty, or a child whose parent is a member of the armed	55516
forces of the United States and is ordered to a temporary duty	55517
assignment outside of the district, may continue to attend school	55518
in the district in which the child's parent lived before being	55519
called to active duty or ordered to a temporary duty assignment	55520
outside of the district, as long as the child's parent continues	55521
to be a resident of that district, and regardless of where the	55522
child lives as a result of the parent's active duty status or	55523
temporary duty assignment. However, the district is not	55524
responsible for providing transportation for the child if the	55525
child lives outside of the district as a result of the parent's	55526
active duty status or temporary duty assignment.	55527

Sec. 3313.6410. This section applies to any school that is	55528
operated by a school district and in which the enrolled students	55529
work primarily on assignments in nonclassroom-based learning	55530
opportunities provided via an internet- or other computer-based	55531
instructional method.	55532

(A) Any school to which this section applies shall withdraw	55533
from the school any student who, for two consecutive school years,	55534
has failed to participate in the spring administration of any	55535
assessment prescribed under section 3301.0710 or 3301.0712 of the	55536
Revised Code for the student's grade level and was not excused	55537
from the assessment pursuant to division (C)(1) or (3) of section	55538
3301.0711 of the Revised Code, regardless of whether a waiver was	55539
granted for the student under division (E) of section 3317.03 of	55540
the Revised Code. The school shall report any such student's data	55541
verification code, as assigned pursuant to section 3301.0714 of	55542
the Revised Code, to the department of education to be added to	55543
the list maintained by the department under section 3314.26 of the	55544
Revised Code.	55545

(B) No school to which this section applies shall receive any	55546
state funds under Chapter ~~3306. or~~ 3317. of the Revised Code for	55547
any enrolled student whose data verification code appears on the	55548
list maintained by the department under section 3314.26 of the	55549
Revised Code. Notwithstanding any provision of the Revised Code to	55550
the contrary, the parent of any such student shall pay tuition to	55551
the school district that operates the school in an amount equal to	55552
the state funds the district otherwise would receive for that	55553
student, as determined by the department. A school to which this	55554
section applies may withdraw any student for whom the parent does	55555
not pay tuition as required by this division.	55556

Sec. 3313.65. (A) As used in this section and section	55557
3313.64 of the Revised Code:	55558

(1) A person is "in a residential facility" if the person is	55559
a resident or a resident patient of an institution, home, or other	55560
residential facility that is:	55561

(a) Licensed as a nursing home, residential care facility, or	55562
home for the aging by the director of health under section 3721.02	55563
of the Revised Code;	55564

(b) Licensed as an adult care facility by the director of	55565
mental health under ~~Chapter 3722.~~sections 5119.70 to 5119.88 of	55566
the Revised Code;	55567

(c) Maintained as a county home or district home by the board	55568
of county commissioners or a joint board of county commissioners	55569
under Chapter 5155. of the Revised Code;	55570

(d) Operated or administered by a board of alcohol, drug	55571
addiction, and mental health services under section 340.03 or	55572
340.06 of the Revised Code, or provides residential care pursuant	55573
to contracts made under section 340.03 or 340.033 of the Revised	55574
Code;	55575

(e) Maintained as a state institution for the mentally ill	55576
under Chapter 5119. of the Revised Code;	55577

(f) Licensed by the department of mental health under section	55578
5119.20 or 5119.22 of the Revised Code;	55579

(g) Licensed as a residential facility by the department of	55580
developmental disabilities under section 5123.19 of the Revised	55581
Code;	55582

(h) Operated by the veteran's administration or another	55583
agency of the United States government;	55584

(i) ~~The~~Operated by the Ohio ~~soldiers' and sailors'~~veterans'	55585
home.	55586

(2) A person is "in a correctional facility" if any of the	55587
following apply:	55588

(a) The person is an Ohio resident and is:

55589

(i) Imprisoned, as defined in section 1.05 of the Revised	55590
Code;	55591

(ii) Serving a term in a community-based correctional	55592
facility or a district community-based correctional facility;	55593

(iii) Required, as a condition of parole, a post-release	55594
control sanction, a community control sanction, transitional	55595
control, or early release from imprisonment, as a condition of	55596
shock parole or shock probation granted under the law in effect	55597
prior to July 1, 1996, or as a condition of a furlough granted	55598
under the version of section 2967.26 of the Revised Code in effect	55599
prior to March 17, 1998, to reside in a halfway house or other	55600
community residential center licensed under section 2967.14 of the	55601
Revised Code or a similar facility designated by the court of	55602
common pleas that established the condition or by the adult parole	55603
authority.	55604

(b) The person is imprisoned in a state correctional	55605
institution of another state or a federal correctional institution	55606
but was an Ohio resident at the time the sentence was imposed for	55607
the crime for which the person is imprisoned.	55608

(3) A person is "in a juvenile residential placement" if the	55609
person is an Ohio resident who is under twenty-one years of age	55610
and has been removed, by the order of a juvenile court, from the	55611
place the person resided at the time the person became subject to	55612
the court's jurisdiction in the matter that resulted in the	55613
person's removal.	55614

(4) "Community control sanction" has the same meaning as in	55615
section 2929.01 of the Revised Code.	55616

(5) "Post-release control sanction" has the same meaning as	55617
in section 2967.01 of the Revised Code.	55618

(B) If the circumstances described in division (C) of this	55619
section apply, the determination of what school district must	55620
admit a child to its schools and what district, if any, is liable	55621
for tuition shall be made in accordance with this section, rather	55622
than section 3313.64 of the Revised Code.	55623

(C) A child who does not reside in the school district in	55624
which the child's parent resides and for whom a tuition obligation	55625
previously has not been established under division (C)(2) of	55626
section 3313.64 of the Revised Code shall be admitted to the	55627
schools of the district in which the child resides if at least one	55628
of the child's parents is in a residential or correctional	55629
facility or a juvenile residential placement and the other parent,	55630
if living and not in such a facility or placement, is not known to	55631
reside in this state.	55632

(D) Regardless of who has custody or care of the child,	55633
whether the child resides in a home, or whether the child receives	55634
special education, if a district admits a child under division (C)	55635
of this section, tuition shall be paid to that district as	55636
follows:	55637

(1) If the child's parent is in a juvenile residential	55638
placement, by the district in which the child's parent resided at	55639
the time the parent became subject to the jurisdiction of the	55640
juvenile court;	55641

(2) If the child's parent is in a correctional facility, by	55642
the district in which the child's parent resided at the time the	55643
sentence was imposed;	55644

(3) If the child's parent is in a residential facility, by	55645
the district in which the parent resided at the time the parent	55646
was admitted to the residential facility, except that if the	55647
parent was transferred from another residential facility, tuition	55648
shall be paid by the district in which the parent resided at the	55649
time the parent was admitted to the facility from which the parent	55650
first was transferred;	55651

(4) In the event of a disagreement as to which school	55652
district is liable for tuition under division (C)(1), (2), or (3)	55653
of this section, the superintendent of public instruction shall	55654
determine which district shall pay tuition.	55655

(E) If a child covered by division (D) of this section	55656
receives special education in accordance with Chapter 3323. of the	55657
Revised Code, the tuition shall be paid in accordance with section	55658
3323.13 or 3323.14 of the Revised Code. Tuition for children who	55659
do not receive special education shall be paid in accordance with	55660
division (J) of section 3313.64 of the Revised Code.	55661

Sec. 3313.75. (A) The board of education of a city, exempted	55662
village, or local school district may authorize the opening of	55663
schoolhouses for any lawful purposes. ~~This~~	55664

(B) In accordance with this section and section 3313.77 of	55665
the Revised Code, a district board may rent or lease facilities	55666
under its control to any public or nonpublic institution of higher	55667
education for the institution's use in providing evening and	55668
summer classes.	55669

(C) This section does not authorize a board to rent or lease	55670
a schoolhouse when such rental or lease interferes with the public	55671
schools in such district, or for any purpose other than is	55672
authorized by law.	55673

Sec. 3313.816. ~~(A)~~ No public or chartered nonpublic school	55674
shall permit the sale of a la carte beverage items other than the	55675
following during the regular and extended school day:	55676

~~(1)~~(A) For a school in which the majority of grades offered	55677
are in the range from kindergarten to grade four:	55678

~~(a)~~(1) Water;

55679

~~(b)(i) Prior to January 1, 2014, eight ounces or less of~~	55680
~~low-fat or fat-free milk, including flavored milk, that contains~~	55681
~~not more than one hundred seventy calories per eight ounces;~~	55682

~~(ii) Beginning January 1, 2014, eight ounces or less of~~	55683
~~low-fat or fat-free milk, including flavored milk, that contains~~	55684
~~not more than one hundred fifty calories per eight ounces.~~	55685

~~(c)~~(2) Milk;

55686

(3) Eight ounces or less of one hundred per cent fruit juice,	55687
or a one hundred per cent fruit juice and water blend with no	55688
added sweeteners, that contains not more than one hundred sixty	55689
calories per eight ounces.	55690

~~(2)~~(B) For a school in which the majority of grades offered	55691
are in the range from grade five to grade eight:	55692

~~(a)~~(1) Water;

55693

~~(b)(i) Prior to January 1, 2014, eight ounces or less of~~	55694
~~low-fat or fat-free milk, including flavored milk, that contains~~	55695
~~not more than one hundred seventy calories per eight ounces;~~	55696

~~(ii) Beginning January 1, 2014, eight ounces or less of~~	55697
~~low-fat or fat-free milk, including flavored milk, that contains~~	55698
~~not more than one hundred fifty calories per eight ounces.~~	55699

~~(c)~~(2) Milk;

55700

(3) Ten ounces or less of one hundred per cent fruit juice,	55701
or a one hundred per cent fruit juice and water blend with no	55702
added sweeteners, that contains not more than one hundred sixty	55703
calories per eight ounces.	55704

~~(3)~~(C) For a school in which the majority of grades offered	55705
are in the range from grade nine to grade twelve:	55706

~~(a)~~(1) Water;

55707

~~(b)(i) Prior to January 1, 2014, sixteen ounces or less of~~	55708
~~low-fat or fat-free milk, including flavored milk, that contains~~	55709
~~not more than one hundred seventy calories per eight ounces;~~	55710

~~(ii) Beginning January 1, 2014, sixteen ounces or less of~~	55711
~~low-fat or fat-free milk, including flavored milk, that contains~~	55712
~~not more than one hundred fifty calories per eight ounces.~~	55713

~~(c)~~(2) Milk;

55714

(3) Twelve ounces or less of one hundred per cent fruit	55715
juice, or a one hundred per cent fruit juice and water blend with	55716
no added sweeteners, that contains not more than one hundred sixty	55717
calories per eight ounces;	55718

~~(d)~~(4) Twelve ounces or less of any beverage that contains	55719
not more than sixty-six calories per eight ounces;	55720

~~(e)~~(5) Any size of a beverage that contains not more than ten	55721
calories per eight ounces, which may include caffeinated beverages	55722
and beverages with added sweeteners, carbonation, or artificial	55723
flavoring.	55724

~~(B) Each public and chartered nonpublic school shall require~~	55725
~~at least fifty per cent of the a la carte beverage items available~~	55726
~~for sale from each of the following sources during the regular and~~	55727
~~extended school day to be water or other beverages that contain~~	55728
~~not more than ten calories per eight ounces:~~	55729

~~(1) A school food service program;~~

55730

~~(2) A vending machine located on school property that does~~	55731
~~not sell only milk or reimbursable meals;~~	55732

~~(3) A store operated by the school, a student association, or~~	55733
~~other school-sponsored organization.~~	55734

Sec. 3313.842. (A) The boards of education or governing	55735
authorities of any two or more school districts or community	55736
schools may enter into an agreement for joint or cooperative	55737
establishment and operation of any educational program including	55738
any class, course, or program that may be included in a school	55739
district's or community school's graded course of study and staff	55740
development programs for teaching and nonteaching school	55741
employees. Each school district or community school that is party	55742
to such an agreement may contribute funds of the district or	55743
school in support of the agreement and for the establishment and	55744
operation of any educational program established under the	55745
agreement. The agreement shall designate one of the districts or	55746
community schools as ~~the district~~ responsible for receiving and	55747
disbursing the funds contributed by the ~~districts that are~~ parties	55748
to the agreement.	55749

(B) Notwithstanding sections 3313.48 and 3313.64 of the	55750
Revised Code, any school district that is party to an agreement	55751
for joint or cooperative establishment and operation of an	55752
educational program may charge fees or tuition for students who	55753
participate in the program and are entitled to attend school in	55754
the district under section 3313.64 or 3313.65 of the Revised Code.	55755
Except as otherwise provided in division (H) of section 3321.01 of	55756
the Revised Code, no community school that is party to the	55757
agreement shall charge fees or tuition for students who	55758
participate in the program and are reported by the school under	55759
division (B)(2) of section 3314.08 of the Revised Code.	55760

Sec. 3313.843. (A) Notwithstanding division (D) of section	55761
3311.52 of the Revised Code, this section does not apply to ~~either~~	55762
~~of the following:~~	55763

~~(1) Any~~any cooperative education school district;

55764

~~(2) Any city or exempted village school district with a total~~	55765
~~student count of thirteen thousand or more determined pursuant to~~	55766
~~section 3317.03 of the Revised Code that has not entered into one~~	55767
~~or more agreements pursuant to this section prior to July 1, 1993,~~	55768
~~unless the district's total student count did not exceed thirteen~~	55769
~~thousand at the time it entered into an initial agreement under~~	55770
~~this section~~.	55771

(B)(1) The board of education of aeach city or, exempted	55772
village, or local school district ~~and~~with a student count of	55773
sixteen thousand or less, as defined in section 3301.011 of the	55774
Revised Code, shall enter into an agreement with the governing	55775
board of an educational service center ~~may enter into an~~	55776
~~agreement, through adoption of identical resolutions~~, under which	55777
the educational service center governing board will provide	55778
services to the ~~city or exempted village school~~ district.	55779

(2) The board of education of a city, exempted village, or	55780
local school district with a student count of more than sixteen	55781
thousand may enter into an agreement with the governing board of	55782
an educational service center, under which the educational service	55783
center governing board will provide services to the district.	55784

(3) Services provided under ~~the~~an agreement entered into	55785
under division (B)(1) or (2) of this section shall be specified in	55786
the agreement, and may include any ~~one or a combination~~ of the	55787
following: supervisory teachers; in-service and continuing	55788
education programs for ~~city or exempted village school~~ district	55789
personnel; curriculum services ~~as provided to the local school~~	55790
~~districts under the supervision of the service center governing~~	55791
~~board~~; research and development programs; academic instruction for	55792
which the governing board employs teachers pursuant to section	55793
3319.02 of the Revised Code; ~~and~~ assistance in the provision of	55794
special accommodations and classes for students with disabilities;	55795
or any other services the district board and service center	55796
governing board agree can be better provided by the service center	55797
and are not provided under an agreement entered into under section	55798
3313.845 of the Revised Code. Services included in the agreement	55799
shall be provided to the ~~city or exempted village~~ district in the	55800
~~same~~ manner ~~they are provided to local school districts under the~~	55801
~~governing board's supervision, unless otherwise~~ specified in the	55802
agreement. The ~~city or exempted village~~district board of	55803
education shall reimburse the educational service center governing	55804
board pursuant to section 3317.11 of the Revised Code.	55805

(C) ~~If an educational service center received funding under~~	55806
~~division (B) of former section 3317.11 or division (F) of section~~	55807
~~3317.11 of the Revised Code for an agreement under this section~~	55808
~~involving a city school district whose total student count was~~	55809
~~less than thirteen thousand, the service center may continue to~~	55810
~~receive funding under that division for such an agreement in any~~	55811
~~subsequent year if the city district's total student count exceeds~~	55812
~~thirteen thousand. However, only the first thirteen thousand~~	55813
~~pupils in the formula ADM of such district shall be included in~~	55814
~~determining the amount of the per pupil subsidy the service center~~	55815
~~shall receive under division (F) of section 3317.11 of the Revised~~	55816
~~Code.~~	55817

~~(D)~~ Any agreement entered into pursuant to this section shall	55818
be ~~valid only if a copy is~~ filed with the department of education	55819
by the first day of July of the school year for which the	55820
agreement is in effect.	55821

(D)(1) An agreement for services from an educational service	55822
center entered into under this section may be terminated by the	55823
school district board of education, at its option, by notifying	55824
the governing board of the service center by January 1, 2012, or	55825
by the first day of January of any odd-numbered year thereafter,	55826
that the district board intends to terminate the agreement in that	55827
year, and that termination shall be effective on the thirtieth day	55828
of June of that year. The failure of a district board to notify an	55829
educational service center of its intent to terminate an agreement	55830
by the first day of January of an odd-numbered year shall result	55831
in renewal of the existing agreement for the following two school	55832
years.	55833

(2) If the school district that terminates an agreement for	55834
services under division (D)(1) of this section is also subject to	55835
the requirement of division (B)(1) of this section, the district	55836
board shall enter into a new agreement with a different	55837
educational service center so that the new agreement is effective	55838
on the first day of July of that same year.	55839

Sec. 3313.845. The board of education of a city, exempted	55840
village, or local school district and the governing board of an	55841
educational service center may enter into an agreement~~, through~~	55842
~~adoption of identical resolutions,~~ under which the educational	55843
service center will provide services to the school district.	55844
Services provided under the agreement and the amount to be paid	55845
for such services shall be mutually agreed to by the district	55846
board of education and the service center governing board, and	55847
shall be specified in the agreement. Payment for services	55848
specified in the agreement shall be made pursuant to division (D)	55849
of section 3317.11 of the Revised Code and shall not include any	55850
deduction under division (B), (C), or (F) of that section. Any	55851
agreement entered into pursuant to this section shall be valid	55852
only if a copy is filed with the department of education by the	55853
first day of the school year for which the agreement is in effect.	55854

The authority granted under this section to the boards of	55855
education of city ~~and~~, exempted village, and local school	55856
districts is in addition to the authority granted to such boards	55857
under section 3313.843 of the Revised Code. ~~No city or exempted~~	55858
~~village district that is eligible to receive services from an~~	55859
~~educational service center under section 3313.843 of the Revised~~	55860
~~Code may receive any of the services described in division (B) of~~	55861
~~that section pursuant to an agreement entered into with an~~	55862
~~educational service center under this section.~~	55863

~~If a local school district enters into an agreement with an~~	55864
~~educational service center under this section and the district is~~	55865
~~not located within the territory of the service center, the~~	55866
~~agreement shall not require the district to receive any~~	55867
~~supervisory services described in division (B) of section 3317.11~~	55868
~~of the Revised Code from the service center. The supervisory~~	55869
~~services described in that section shall be provided to the~~	55870
~~district by the educational service center of the territory in~~	55871
~~which the district is located.~~	55872

Sec. 3313.846. The governing board of an educational service	55873
center may enter into a contract with any political subdivision as	55874
defined in section 2744.01 of the Revised Code, not including	55875
school districts, community schools, or STEM schools contracting	55876
for services under section 3313.843, 3313.844, 3313.845, or	55877
3326.45 of the Revised Code, under which the educational service	55878
center will provide services to the political subdivision.	55879
Services provided under the contract and the amount to be paid for	55880
such services shall be mutually agreed to by the parties and shall	55881
be specified in the contract. The political subdivision shall	55882
directly pay an educational service center for services specified	55883
in the contract. The board of the educational service center shall	55884
file a copy of each contract entered into under this section with	55885
the department of education by the first day the contract is in	55886
effect.	55887

Sec. 3313.88. (A)(1) Prior to the first day of August of	55888
each school year, the board of education of any school district or	55889
the governing authority of any chartered nonpublic school may	55890
submit to the department of education a plan to require students	55891
to access and complete classroom lessons posted on the district's	55892
or nonpublic school's web portal or web site in order to make up	55893
days in that school year on which it is necessary to close schools	55894
for any of the reasons specified in division (B) of section	55895
3317.01 of the Revised Code in excess of the number of days	55896
permitted under sections 3313.48, 3313.481, and 3317.01 of the	55897
Revised Code.	55898

Prior to the first day of August of each school year, the	55899
governing authority of any community school established under	55900
Chapter 3314. that is not an internet- or computer-based community	55901
school, as defined in section 3314.02 of the Revised Code, may	55902
submit to the department a plan to require students to access and	55903
complete classroom lessons posted on the school's web portal or	55904
web site in order to make up days or hours in that school year on	55905
which it is necessary to close the school for any of the reasons	55906
specified in division (L)(4) of section 3314.08 of the Revised	55907
Code so that the school is in compliance with the minimum number	55908
of hours required under Chapter 3314. of the Revised Code.	55909

A plan submitted by a school district board or chartered	55910
nonpublic school governing authority shall provide for making up	55911
any number of days, up to a maximum of three days. A plan	55912
submitted by a community school governing authority shall provide	55913
for making up any number of hours, up to a maximum of the	55914
equivalent of three days. Provided the plan meets all requirements	55915
of this section, the department shall permit the board or	55916
governing authority to implement the plan for the applicable	55917
school year.	55918

(2) Each plan submitted under this section by a school	55919
district board of education shall include the written consent of	55920
the teachers' employee representative designated under division	55921
(B) of section 4117.04 of the Revised Code.	55922

(3) Each plan submitted under this section shall provide for	55923
the following:	55924

(a) Not later than the first day of November of the school	55925
year, each classroom teacher shall develop a sufficient number of	55926
lessons for each course taught by the teacher that school year to	55927
cover the number of make-up days or hours specified in the plan.	55928
The teacher shall designate the order in which the lessons are to	55929
be posted on the district's, community school's, or nonpublic	55930
school's web portal or web site in the event of a school closure.	55931
Teachers may be granted up to one professional development day to	55932
create lesson plans for those lessons.	55933

(b) To the extent possible and necessary, a classroom teacher	55934
shall update or replace, based on current instructional progress,	55935
one or more of the lesson plans developed under division (A)(3)(a)	55936
of this section before they are posted on the web portal or web	55937
site under division (A)(3)(c) of this section or distributed under	55938
division (B) of this section.	55939

(c) As soon as practicable after a school closure, a district	55940
or school employee responsible for web portal or web site	55941
operations shall make the designated lessons available to students	55942
on the district's, community school's, or nonpublic school's	55943
portal or site. A lesson shall be posted for each course that was	55944
scheduled to meet on the day or hours of the closure.	55945

(d) Each student enrolled in a course for which a lesson is	55946
posted on the portal or site shall be granted a two-week period	55947
from the date of posting to complete the lesson. The student's	55948
classroom teacher shall grade the lesson in the same manner as	55949
other lessons. The student may receive an incomplete or failing	55950
grade if the lesson is not completed on time.	55951

(e) If a student does not have access to a computer at the	55952
student's residence and the plan does not include blizzard bags	55953
under division (B) of this section, the student shall be permitted	55954
to work on the posted lessons at school after the student's school	55955
reopens. If the lessons were posted prior to the reopening, the	55956
student shall be granted a two-week period from the date of the	55957
reopening, rather than from the date of posting as otherwise	55958
required under division (A)(3)(d) of this section, to complete the	55959
lessons. The district board or community school or nonpublic	55960
school governing authority may provide the student access to a	55961
computer before, during, or after the regularly scheduled school	55962
day or may provide a substantially similar paper lesson in order	55963
to complete the lessons.	55964

(B)(1) In addition to posting classroom lessons online under	55965
division (A) of this section, the board of education of any school	55966
district or governing authority of any community or chartered	55967
nonpublic school may include in the plan distribution of "blizzard	55968
bags," which are paper copies of the lessons posted online.	55969

(2) If a school opts to use blizzard bags, teachers shall	55970
prepare paper copies in conjunction with the lessons to be posted	55971
online and update the paper copies whenever the teacher updates	55972
the online lesson plans.	55973

(3) The board of education of any school district or	55974
governing authority of any community or chartered nonpublic school	55975
that opts to use blizzard bags shall specify in the plan the	55976
method of distribution of blizzard bag lessons, which may include,	55977
but not be limited to, requiring distribution by a specific	55978
deadline or requiring distribution prior to anticipated school	55979
closure as directed by the superintendent of a school district or	55980
the principal, director, chief administrative officer, or the	55981
equivalent, of a school.	55982

(4) Students shall turn in completed lessons in accordance	55983
with division (A)(3)(d) of this section.	55984

(C)(1) No school district that implements a plan in	55985
accordance with this section shall be considered to have failed to	55986
comply with division (B) of section 3317.01 of the Revised Code	55987
with respect to the number of make-up days specified in the plan.	55988

(2) No community school that implements a plan in accordance	55989
with this section shall be considered to have failed to comply	55990
with the minimum number of hours required under Chapter 3314. of	55991
the Revised Code with respect to the number of make-up hours	55992
specified in the plan.	55993

Sec. 3313.911. The state board of education may adopt a	55994
resolution assigning a city, exempted village, or local school	55995
district that is not a part of a joint vocational school district	55996
to membership in a joint vocational school district. A copy of the	55997
resolution shall be certified to the board of education of the	55998
joint vocational school district and the board of education of the	55999
district proposed to be assigned. The board of education of the	56000
joint vocational school district shall advertise a copy of the	56001
resolution in a newspaper of general circulation in the district	56002
proposed to be assigned once each week for ~~at least~~ two weeks, or	56003
as provided in section 7.16 of the Revised Code, immediately	56004
following the certification of the resolution to the board. The	56005
assignment shall take effect on the ninety-first day after the	56006
state board adopts the resolution, unless prior to that date	56007
qualified electors residing in the school district proposed for	56008
assignment, equal in number to ten per cent of the qualified	56009
electors of that district voting at the last general election,	56010
file a petition against the assignment.	56011

The petition of referendum shall be filed with the treasurer	56012
of the board of education of the district proposed to be assigned	56013
to the joint vocational school district. The treasurer shall give	56014
the person presenting the petition a receipt showing the time of	56015
day, date, and purpose of the petition. The treasurer shall cause	56016
the board of elections to determine the sufficiency of signatures	56017
on the petition and if the signatures are found to be sufficient,	56018
shall present the petition to the board of education of the	56019
district. The board of education shall promptly certify the	56020
question to the board of elections for the purpose of having the	56021
question placed on the ballot at the next general, primary, or	56022
special election not earlier than sixty days after the date of the	56023
certification.	56024

Only those qualified electors residing in the district	56025
proposed for assignment to the joint vocational school district	56026
are qualified to vote on the question. If a majority of the	56027
electors voting on the question vote against the assignment, it	56028
shall not take place, and the state board of education shall	56029
require the district to contract with the joint vocational school	56030
district or another school district as authorized by section	56031
3313.91 of the Revised Code.	56032

If a majority of the electors voting on the question do not	56033
vote against the assignment, the assignment shall take immediate	56034
effect, and the board of education of the joint vocational school	56035
district shall notify the county auditor of the county in which	56036
the school district becoming a part of the joint vocational school	56037
district is located to have any outstanding levy of the joint	56038
vocational school district spread over the territory of the school	56039
district that has become a part of the joint vocational school	56040
district.	56041

The assignment of a school district to a joint vocational	56042
school district pursuant to this section is subject to any	56043
agreements made between the board of education of the assigned	56044
school district and the board of education of the joint vocational	56045
school district. Such an agreement may include provisions for a	56046
payment by the assigned school district to the joint vocational	56047
school district of an amount to be contributed toward the cost of	56048
the existing facilities of the joint vocational school district.	56049

On the assignment of a school district to a joint vocational	56050
school district pursuant to this section, the joint vocational	56051
school district's board of education shall submit a proposal to	56052
the state board of education to enlarge or reorganize the	56053
membership of the joint vocational school district's board of	56054
education if expansion or reorganization of the board is necessary	56055
in order to comply with section 3311.19 of the Revised Code.	56056

Sec. 3313.97. Notwithstanding division (D) of section	56057
3311.19 and division (D) of section 3311.52 of the Revised Code,	56058
this section does not apply to any joint vocational or cooperative	56059
education school district.	56060

(A) As used in this section:

56061

(1) "Parent" has the same meaning as in section 3313.64 of	56062
the Revised Code.	56063

(2) "Alternative school" means a school building other than	56064
the one to which a student is assigned by the district	56065
superintendent.	56066

(3) "IEP" has the same meaning as in section 3323.01 of the	56067
Revised Code.	56068

(B) The board of education of each city, local, and exempted	56069
village school district shall adopt an open enrollment policy	56070
allowing students entitled to attend school in the district	56071
pursuant to section 3313.64 or 3313.65 of the Revised Code to	56072
enroll in an alternative school. Each policy shall provide for the	56073
following:	56074

(1) Application procedures, including deadlines for	56075
application and for notification of students and principals of	56076
alternative schools whenever a student's application is accepted.	56077
The policy shall require a student to apply only if the student	56078
wishes to attend an alternative school.	56079

(2) The establishment of district capacity limits by grade	56080
level, school building, and education program;	56081

(3) A requirement that students enrolled in a school building	56082
or living in any attendance area of the school building	56083
established by the superintendent or board be given preference	56084
over applicants;	56085

(4) Procedures to ensure that an appropriate racial balance	56086
is maintained in the district schools.	56087

Each policy may permit a student to permanently transfer to	56088
an alternative school so that the student need not reapply	56089
annually for permission to attend the alternative school.	56090

(C) Except as provided in section 3313.982 of the Revised	56091
Code, the procedures for admitting applicants to alternative	56092
schools shall not include:	56093

(1) Any requirement of academic ability, or any level of	56094
athletic, artistic, or other extracurricular skills;	56095

(2) Limitations on admitting applicants because of disabling	56096
conditions, except that a board may require a student receiving	56097
services under Chapter 3323. of the Revised Code to attend school	56098
where the services described in the student's IEP are available;	56099

(3) A requirement that the student be proficient in the	56100
English language;	56101

(4) Rejection of any applicant because the student has been	56102
subject to disciplinary proceedings, except that if an applicant	56103
has been suspended or expelled for ten consecutive days or more in	56104
the term for which admission is sought or in the term immediately	56105
preceding the term for which admission is sought, the procedures	56106
may include a provision denying admission of such applicant to an	56107
alternative school.	56108

(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and	56109
except as provided in division (D)(2) of this section, a district	56110
board is not required to provide transportation to a nondisabled	56111
student enrolled in an alternative school unless such student can	56112
be picked up and dropped off at a regular school bus stop	56113
designated in accordance with the board's transportation policy or	56114
unless the board is required to provide additional transportation	56115
to the student in accordance with a court-approved desegregation	56116
plan.	56117

(2) A district board shall provide transportation to any	56118
student described in 20 U.S.C. 6316(b)(1)(F) to the extent	56119
required by division (E) of section 3302.04 of the Revised Code,	56120
except that no district board shall be required to provide	56121
transportation to any such student after the school in which the	56122
student was enrolled immediately prior to enrolling in the	56123
alternative school makes adequate yearly progress, as defined in	56124
section 3302.01 of the Revised Code, for two consecutive school	56125
years.	56126

(E) Each school board shall provide information about the	56127
policy adopted under this section and the application procedures	56128
and deadlines to the parent of each student in the district and to	56129
the general public.	56130

(F) The state board of education shall monitor school	56131
districts to ensure compliance with this section and the	56132
districts' policies.	56133

Sec. 3313.975. As used in this section and in sections	56134
3313.975 to 3313.979 of the Revised Code, "the pilot project	56135
school district" or "the district" means any school district	56136
included in the pilot project scholarship program pursuant to this	56137
section.	56138

(A) The superintendent of public instruction shall establish	56139
a pilot project scholarship program and shall include in such	56140
program any school districts that are or have ever been under	56141
federal court order requiring supervision and operational	56142
management of the district by the state superintendent. The	56143
program shall provide for a number of students residing in any	56144
such district to receive scholarships to attend alternative	56145
schools, and for an equal number of students to receive tutorial	56146
assistance grants while attending public school in any such	56147
district.	56148

(B) The state superintendent shall establish an application	56149
process and deadline for accepting applications from students	56150
residing in the district to participate in the scholarship	56151
program. In the initial year of the program students may only use	56152
a scholarship to attend school in grades kindergarten through	56153
third.	56154

The state superintendent shall award as many scholarships and	56155
tutorial assistance grants as can be funded given the amount	56156
appropriated for the program. In no case, however, shall more than	56157
fifty per cent of all scholarships awarded be used by students who	56158
were enrolled in a nonpublic school during the school year of	56159
application for a scholarship.	56160

(C)(1) The pilot project program shall continue in effect	56161
each year that the general assembly has appropriated sufficient	56162
money to fund scholarships and tutorial assistance grants. In each	56163
year the program continues, no new students may receive	56164
scholarships ~~unless they are enrolled~~ in grades kindergarten to	56165
~~eight~~twelve. ~~However, any~~A student who has received a	56166
scholarship ~~the preceding year~~ may continue to receive one until	56167
the student has completed grade ~~ten. Beginning in the 2005-2006~~	56168
~~academic year, a student who previously has received a scholarship~~	56169
~~may receive a scholarship in grade eleven. Beginning in the~~	56170
~~2006-2007 academic year, a student who previously has received a~~	56171
~~scholarship may receive a scholarship in grade~~ twelve.	56172

(2) If the general assembly discontinues the scholarship	56173
program, all students who are attending an alternative school	56174
under the pilot project shall be entitled to continued admittance	56175
to that specific school through all grades that are provided in	56176
such school, under the same conditions as when they were	56177
participating in the pilot project. The state superintendent shall	56178
continue to make scholarship payments in accordance with division	56179
(A) or (B) of section 3313.979 of the Revised Code for students	56180
who remain enrolled in an alternative school under this provision	56181
in any year that funds have been appropriated for this purpose.	56182

If funds are not appropriated, the tuition charged to the	56183
parents of a student who remains enrolled in an alternative school	56184
under this provision shall not be increased beyond the amount	56185
equal to the amount of the scholarship plus any additional amount	56186
charged that student's parent in the most recent year of	56187
attendance as a participant in the pilot project, except that	56188
tuition for all the students enrolled in such school may be	56189
increased by the same percentage.	56190

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	56191
the Revised Code, if the pilot project school district experiences	56192
a decrease in enrollment due to participation in a state-sponsored	56193
scholarship program pursuant to sections 3313.974 to 3313.979 of	56194
the Revised Code, the district board of education may enter into	56195
an agreement with any teacher it employs to provide to that	56196
teacher severance pay or early retirement incentives, or both, if	56197
the teacher agrees to terminate the employment contract with the	56198
district board, provided any collective bargaining agreement in	56199
force pursuant to Chapter 4117. of the Revised Code does not	56200
prohibit such an agreement for termination of a teacher's	56201
employment contract.	56202

Sec. 3313.978. (A) Annually by the first day of November,	56203
the superintendent of public instruction shall notify the pilot	56204
project school district of the number of initial scholarships that	56205
the state superintendent will be awarding in each of grades	56206
kindergarten through ~~eight~~twelve.	56207

The state superintendent shall provide information about the	56208
scholarship program to all students residing in the district,	56209
shall accept applications from any such students until such date	56210
as shall be established by the state superintendent as a deadline	56211
for applications, and shall establish criteria for the selection	56212
of students to receive scholarships from among all those applying	56213
prior to the deadline, which criteria shall give preference to	56214
students from low-income families. For each student selected, the	56215
state superintendent shall also determine whether the student	56216
qualifies for seventy-five or ninety per cent of the scholarship	56217
amount. Students whose family income is at or above two hundred	56218
per cent of the maximum income level established by the state	56219
superintendent for low-income families shall qualify for	56220
seventy-five per cent of the scholarship amount and students whose	56221
family income is below two hundred per cent of that maximum income	56222
level shall qualify for ninety per cent of the scholarship amount.	56223
The state superintendent shall notify students of their selection	56224
prior to the fifteenth day of January and whether they qualify for	56225
seventy-five or ninety per cent of the scholarship amount.	56226

(1) A student receiving a pilot project scholarship may	56227
utilize it at an alternative public school by notifying the	56228
district superintendent, at any time before the beginning of the	56229
school year, of the name of the public school in an adjacent	56230
school district to which the student has been accepted pursuant to	56231
section 3327.06 of the Revised Code.	56232

(2) A student may decide to utilize a pilot project	56233
scholarship at a registered private school in the district if all	56234
of the following conditions are met:	56235

(a) By the fifteenth day of February of the preceding school	56236
year, or at any time prior to the start of the school year, the	56237
parent makes an application on behalf of the student to a	56238
registered private school.	56239

(b) The registered private school notifies the parent and the	56240
state superintendent as follows that the student has been	56241
admitted:	56242

(i) By the fifteenth day of March of the preceding school	56243
year if the student filed an application by the fifteenth day of	56244
February and was admitted by the school pursuant to division (A)	56245
of section 3313.977 of the Revised Code;	56246

(ii) Within one week of the decision to admit the student if	56247
the student is admitted pursuant to division (C) of section	56248
3313.977 of the Revised Code.	56249

(c) The student actually enrolls in the registered private	56250
school to which the student was first admitted or in another	56251
registered private school in the district or in a public school in	56252
an adjacent school district.	56253

(B) The state superintendent shall also award in any school	56254
year tutorial assistance grants to a number of students equal to	56255
the number of students who receive scholarships under division (A)	56256
of this section. Tutorial assistance grants shall be awarded	56257
solely to students who are enrolled in the public schools of the	56258
district in a grade level covered by the pilot project. Tutorial	56259
assistance grants may be used solely to obtain tutorial assistance	56260
from a provider approved pursuant to division (D) of section	56261
3313.976 of the Revised Code.	56262

All students wishing to obtain tutorial assistance grants	56263
shall make application to the state superintendent by the first	56264
day of the school year in which the assistance will be used. The	56265
state superintendent shall award assistance grants in accordance	56266
with criteria the superintendent shall establish. For each student	56267
awarded a grant, the state superintendent shall also determine	56268
whether the student qualifies for seventy-five or ninety per cent	56269
of the grant amount and so notify the student. Students whose	56270
family income is at or above two hundred per cent of the maximum	56271
income level established by the state superintendent for	56272
low-income families shall qualify for seventy-five per cent of the	56273
grant amount and students whose family income is below two hundred	56274
per cent of that maximum income level shall qualify for ninety per	56275
cent of the grant amount.	56276

(C)(1) In the case of basic scholarships for students in	56277
grades kindergarten through eight, the scholarship amount shall	56278
not exceed the lesser of the tuition charges of the alternative	56279
school the scholarship recipient attends or three thousand dollars	56280
before fiscal year 2007 ~~and~~, three thousand four hundred fifty	56281
dollars in fiscal year 2007 through fiscal year 2011, and four	56282
thousand two hundred fifty dollars in fiscal year 2012 and	56283
thereafter.	56284

In the case of basic scholarships for students in grades nine	56285
through twelve, the scholarship amount shall not exceed the lesser	56286
of the tuition charges of the alternative school the scholarship	56287
recipient attends or two thousand seven hundred dollars before	56288
fiscal year 2007 ~~and~~, three thousand four hundred fifty dollars in	56289
fiscal year 2007 through fiscal year 2011, and five thousand	56290
dollars in fiscal year 2012 and thereafter.	56291

(2) The state superintendent shall provide for an increase in	56292
the basic scholarship amount in the case of any student who is a	56293
mainstreamed student with a disability and shall further increase	56294
such amount in the case of any separately educated student with a	56295
disability. Such increases shall take into account the	56296
instruction, related services, and transportation costs of	56297
educating such students.	56298

(3) In the case of tutorial assistance grants, the grant	56299
amount shall not exceed the lesser of the provider's actual	56300
charges for such assistance or:	56301

(a) Before fiscal year 2007, a percentage established by the	56302
state superintendent, not to exceed twenty per cent, of the amount	56303
of the pilot project school district's average basic scholarship	56304
amount;	56305

(b) In fiscal year 2007 and thereafter, four hundred dollars.

56306

(4) No scholarship or tutorial assistance grant shall be	56307
awarded unless the state superintendent determines that	56308
twenty-five or ten per cent, as applicable, of the amount	56309
specified for such scholarship or grant pursuant to division	56310
(C)(1), (2), or (3) of this section will be furnished by a	56311
political subdivision, a private nonprofit or for profit entity,	56312
or another person. Only seventy-five or ninety per cent of such	56313
amounts, as applicable, shall be paid from state funds pursuant to	56314
section 3313.979 of the Revised Code.	56315

(D)(1) Annually by the first day of November, the state	56316
superintendent shall estimate the maximum per-pupil scholarship	56317
amounts for the ensuing school year. The state superintendent	56318
shall make this estimate available to the general public at the	56319
offices of the district board of education together with the forms	56320
required by division (D)(2) of this section.	56321

(2) Annually by the fifteenth day of January, the chief	56322
administrator of each registered private school located in the	56323
pilot project district and the principal of each public school in	56324
such district shall complete a parental information form and	56325
forward it to the president of the board of education. The	56326
parental information form shall be prescribed by the department of	56327
education and shall provide information about the grade levels	56328
offered, the numbers of students, tuition amounts, achievement	56329
test results, and any sectarian or other organizational	56330
affiliations.	56331

(E)(1) Only for the purpose of administering the pilot	56332
project scholarship program, the department may request from any	56333
of the following entities the data verification code assigned	56334
under division (D)(2) of section 3301.0714 of the Revised Code to	56335
any student who is seeking a scholarship under the program:	56336

(a) The school district in which the student is entitled to	56337
attend school under section 3313.64 or 3313.65 of the Revised	56338
Code;	56339

(b) If applicable, the community school in which the student	56340
is enrolled;	56341

(c) The independent contractor engaged to create and maintain	56342
data verification codes.	56343

(2) Upon a request by the department under division (E)(1) of	56344
this section for the data verification code of a student seeking a	56345
scholarship or a request by the student's parent for that code,	56346
the school district or community school shall submit that code to	56347
the department or parent in the manner specified by the	56348
department. If the student has not been assigned a code, because	56349
the student will be entering kindergarten during the school year	56350
for which the scholarship is sought, the district shall assign a	56351
code to that student and submit the code to the department or	56352
parent by a date specified by the department. If the district does	56353
not assign a code to the student by the specified date, the	56354
department shall assign a code to the student.	56355

The department annually shall submit to each school district	56356
the name and data verification code of each student residing in	56357
the district who is entering kindergarten, who has been awarded a	56358
scholarship under the program, and for whom the department has	56359
assigned a code under this division.	56360

(3) The department shall not release any data verification	56361
code that it receives under division (E) of this section to any	56362
person except as provided by law.	56363

(F) Any document relative to the pilot project scholarship	56364
program that the department holds in its files that contains both	56365
a student's name or other personally identifiable information and	56366
the student's data verification code shall not be a public record	56367
under section 149.43 of the Revised Code.	56368

(G)(1) The department annually shall compile the scores	56369
attained by scholarship students enrolled in registered private	56370
schools on the assessments administered to the students pursuant	56371
to division (A)(11) of section 3313.976 of the Revised Code. The	56372
scores shall be aggregated as follows:	56373

(a) By school district, which shall include all scholarship	56374
students residing in the pilot project school district who are	56375
enrolled in a registered private school and were required to take	56376
an assessment pursuant to division (A)(11) of section 3313.976 of	56377
the Revised Code;	56378

(b) By registered private school, which shall include all	56379
scholarship students enrolled in that school who were required to	56380
take an assessment pursuant to division (A)(11) of section	56381
3313.976 of the Revised Code.	56382

(2) The department shall disaggregate the student performance	56383
data described in division (G)(1) of this section according to the	56384
following categories:	56385

(a) Age;

56386

(b) Race and ethnicity;

56387

56388

(d) Students who have participated in the scholarship program	56389
for three or more years;	56390

(e) Students who have participated in the scholarship program	56391
for more than one year and less than three years;	56392

(f) Students who have participated in the scholarship program	56393
for one year or less;	56394

(g) Economically disadvantaged students.

56395

(3) The department shall post the student performance data	56396
required under divisions (G)(1) and (2) of this section on its web	56397
site and shall include that data in the information about the	56398
scholarship program provided to students under division (A) of	56399
this section. In reporting student performance data under this	56400
division, the department shall not include any data that is	56401
statistically unreliable or that could result in the	56402
identification of individual students. For this purpose, the	56403
department shall not report performance data for any group that	56404
contains less than ten students.	56405

(4) The department shall provide the parent of each	56406
scholarship student enrolled in a registered private school with	56407
information comparing the student's performance on the assessments	56408
administered pursuant to division (A)(11) of section 3313.976 of	56409
the Revised Code with the average performance of similar students	56410
enrolled in the building operated by the pilot project school	56411
district that the scholarship student would otherwise attend. In	56412
calculating the performance of similar students, the department	56413
shall consider age, grade, race and ethnicity, gender, and	56414
socioeconomic status.	56415

Sec. 3313.981. (A) The state board of education shall adopt	56416
rules requiring all of the following:	56417

(1) The board of education of each city, exempted village,	56418
and local school district to annually report to the department of	56419
education all of the following:	56420

(a) The number of adjacent district or other district	56421
students, as applicable, and adjacent district or other district	56422
joint vocational students, as applicable, enrolled in the district	56423
and the number of native students enrolled in adjacent or other	56424
districts, in accordance with a policy adopted under division (B)	56425
of section 3313.98 of the Revised Code;	56426

(b) Each adjacent district or other district student's or	56427
adjacent district or other district joint vocational student's	56428
date of enrollment in the district;	56429

(c) The full-time equivalent number of adjacent district or	56430
other district students enrolled in vocational education programs	56431
or classes described in division (A) of section 3317.014 of the	56432
Revised Code and the full-time equivalent number of such students	56433
enrolled in vocational education programs or classes described in	56434
division (B) of that section;	56435

(d) Each native student's date of enrollment in an adjacent	56436
or other district.	56437

(2) The board of education of each joint vocational school	56438
district to annually report to the department all of the	56439
following:	56440

(a) The number of adjacent district or other district joint	56441
vocational students, as applicable, enrolled in the district;	56442

(b) The full-time equivalent number of adjacent district or	56443
other district joint vocational students enrolled in vocational	56444
education programs or classes described in division (A) of section	56445
3317.014 of the Revised Code and the full-time equivalent number	56446
of such students enrolled in vocational education programs or	56447
classes described in division (B) of that section;	56448

(c) For each adjacent district or other district joint	56449
vocational student, the city, exempted village, or local school	56450
district in which the student is also enrolled.	56451

(3) Prior to the first full school week in October each year,	56452
the superintendent of each city, local, or exempted village school	56453
district that admits adjacent district or other district students	56454
or adjacent district or other district joint vocational students	56455
in accordance with a policy adopted under division (B) of section	56456
3313.98 of the Revised Code to notify each adjacent or other	56457
district where those students are entitled to attend school under	56458
section 3313.64 or 3313.65 of the Revised Code of the number of	56459
the adjacent or other district's native students who are enrolled	56460
in the superintendent's district under the policy.	56461

The rules shall provide for the method of counting students	56462
who are enrolled for part of a school year in an adjacent or other	56463
district or as an adjacent district or other district joint	56464
vocational student.	56465

(B) From the payments made to a city, exempted village, or	56466
local school district under Chapter ~~3306.~~3317. of the Revised	56467
Code and, if necessary, from the payments made to the district	56468
under sections 321.24 and 323.156 of the Revised Code, the	56469
department of education shall annually subtract both of the	56470
following:	56471

(1) An amount equal to the number of the district's native	56472
students reported under division (A)(1) of this section who are	56473
enrolled in adjacent or other school districts pursuant to	56474
policies adopted by such districts under division (B) of section	56475
3313.98 of the Revised Code multiplied by the adjusted formula	56476
amount;	56477

(2) The excess costs computed in accordance with division (E)	56478
of this section for any such native students receiving special	56479
education and related services in adjacent or other school	56480
districts or as an adjacent district or other district joint	56481
vocational student;	56482

(3) For the full-time equivalent number of the district's	56483
native students reported under division (A)(1)(c) or (2)(b) of	56484
this section as enrolled in vocational education programs or	56485
classes described in section 3317.014 of the Revised Code, an	56486
amount equal to ~~the formula amount~~$5,732 times the applicable	56487
multiple prescribed by that section.	56488

(C) To the payments made to a city, exempted village, or	56489
local school district under Chapter ~~3306.~~3317. of the Revised	56490
Code, the department of education shall annually add all of the	56491
following:	56492

(1) An amount equal to the adjusted formula amount multiplied	56493
by the remainder obtained by subtracting the number of adjacent	56494
district or other district joint vocational students from the	56495
number of adjacent district or other district students enrolled in	56496
the district, as reported under division (A)(1) of this section;	56497

(2) The excess costs computed in accordance with division (E)	56498
of this section for any adjacent district or other district	56499
students, except for any adjacent or other district joint	56500
vocational students, receiving special education and related	56501
services in the district;	56502

(3) For the full-time equivalent number of the adjacent or	56503
other district students who are not adjacent district or other	56504
district joint vocational students and are reported under division	56505
(A)(1)(c) of this section as enrolled in vocational education	56506
programs or classes described in section 3317.014 of the Revised	56507
Code, an amount equal to ~~the formula amount~~$5,732 times the	56508
applicable multiple prescribed by that section;	56509

(4) An amount equal to the number of adjacent district or	56510
other district joint vocational students reported under division	56511
(A)(1) of this section multiplied by an amount equal to twenty per	56512
cent of the adjusted formula amount.	56513

(D) To the payments made to a joint vocational school	56514
district under Chapter 3317. of the Revised Code, the department	56515
of education shall add, for each adjacent district or other	56516
district joint vocational student reported under division (A)(2)	56517
of this section, both of the following:	56518

(1) The adjusted formula amount;

56519

(2) An amount equal to the full-time equivalent number of	56520
students reported pursuant to division (A)(2)(b) of this section	56521
times ~~the formula amount~~$5,732 times the applicable multiple	56522
prescribed by section 3317.014 of the Revised Code.	56523

(E)(1) A city, exempted village, or local school board	56524
providing special education and related services to an adjacent or	56525
other district student in accordance with an IEP shall, pursuant	56526
to rules of the state board, compute the excess costs to educate	56527
such student as follows:	56528

(a) Subtract the adjusted formula amount from the actual	56529
costs to educate the student;	56530

(b) From the amount computed under division (E)(1)(a) of this	56531
section subtract the amount of any funds received by the district	56532
under Chapter ~~3306.~~3317. of the Revised Code to provide special	56533
education and related services to the student.	56534

(2) The board shall report the excess costs computed under	56535
this division to the department of education.	56536

(3) If any student for whom excess costs are computed under	56537
division (E)(1) of this section is an adjacent or other district	56538
joint vocational student, the department of education shall add	56539
the amount of such excess costs to the payments made under Chapter	56540
~~3306.~~3317. of the Revised Code to the joint vocational school	56541
district enrolling the student.	56542

(F) As provided in division (D)(1)(b) of section 3317.03 of	56543
the Revised Code, no joint vocational school district shall count	56544
any adjacent or other district joint vocational student enrolled	56545
in the district in its formula ADM certified under section 3317.03	56546
of the Revised Code.	56547

(G) No city, exempted village, or local school district shall	56548
receive a payment under division (C) of this section for a	56549
student, and no joint vocational school district shall receive a	56550
payment under division (D) of this section for a student, if for	56551
the same school year that student is counted in the district's	56552
formula ADM certified under section 3317.03 of the Revised Code.	56553

(H) Upon request of a parent, and provided the board offers	56554
transportation to native students of the same grade level and	56555
distance from school under section 3327.01 of the Revised Code, a	56556
city, exempted village, or local school board enrolling an	56557
adjacent or other district student shall provide transportation	56558
for the student within the boundaries of the board's district,	56559
except that the board shall be required to pick up and drop off a	56560
nonhandicapped student only at a regular school bus stop	56561
designated in accordance with the board's transportation policy.	56562
Pursuant to rules of the state board of education, such board may	56563
reimburse the parent from funds received for pupil transportation	56564
under section ~~3306.12~~3317.0212 of the Revised Code, or other	56565
provisions of law, for the reasonable cost of transportation from	56566
the student's home to the designated school bus stop if the	56567
student's family has an income below the federal poverty line.	56568

Sec. 3314.012. (A) Within ninety days of September 28, 1999,	56569
the superintendent of public instruction shall appoint	56570
representatives of the department of education, including	56571
employees who work with the education management information	56572
system ~~and employees of the office of community schools~~	56573
~~established by section 3314.11 of the Revised Code~~, to a committee	56574
to develop report card models for community schools. ~~The director~~	56575
~~of the legislative office of education oversight shall also~~	56576
~~appoint representatives to the committee.~~ The committee shall	56577
design model report cards appropriate for the various types of	56578
community schools approved to operate in the state. Sufficient	56579
models shall be developed to reflect the variety of grade levels	56580
served and the missions of the state's community schools. All	56581
models shall include both financial and academic data. The initial	56582
models shall be developed by March 31, 2000.	56583

(B) The department of education shall issue an annual report	56584
card for each community school, regardless of how long the school	56585
has been in operation. The report card shall report the academic	56586
and financial performance of the school utilizing one of the	56587
models developed under division (A) of this section. The report	56588
card shall include all information applicable to school buildings	56589
under division (A) of section 3302.03 of the Revised Code. The	56590
ratings a community school receives under section 3302.03 of the	56591
Revised Code for its first two full school years shall not be	56592
considered toward automatic closure of the school under section	56593
3314.35 of the Revised Code or any other matter that is based on	56594
report card ratings.	56595

(C) Upon receipt of a copy of a contract between a sponsor	56596
and a community school entered into under this chapter, the	56597
department of education shall notify the community school of the	56598
specific model report card that will be used for that school.	56599

(D) Report cards shall be distributed to the parents of all	56600
students in the community school, to the members of the board of	56601
education of the school district in which the community school is	56602
located, and to any person who requests one from the department.	56603

Sec. 3314.015. (A) The department of education shall be	56604
responsible for the oversight of any and all sponsors of the	56605
community schools established under this chapter and shall provide	56606
technical assistance to schools and sponsors in their compliance	56607
with applicable laws and the terms of the contracts entered into	56608
under section 3314.03 of the Revised Code and in the development	56609
and start-up activities of those schools. In carrying out its	56610
duties under this section, the department shall do all of the	56611
following:	56612

(1) In providing technical assistance to proposing parties,	56613
governing authorities, and sponsors, conduct training sessions and	56614
distribute informational materials;	56615

(2) Approve entities to be sponsors of community schools;

56616

(3) Monitor the effectiveness of any and all sponsors in	56617
their oversight of the schools with which they have contracted;	56618

(4) By December thirty-first of each year, issue a report to	56619
the governor, the speaker of the house of representatives, the	56620
president of the senate, and the chairpersons of the house and	56621
senate committees principally responsible for education matters	56622
regarding the effectiveness of academic programs, operations, and	56623
legal compliance and of the financial condition of all community	56624
schools established under this chapter and on the performance of	56625
community school sponsors;	56626

(5) From time to time, make legislative recommendations to	56627
the general assembly designed to enhance the operation and	56628
performance of community schools.	56629

(B)(1) Except as provided in sections 3314.021 and 3314.027	56630
of the Revised Code, no entity listed in division (C)(1) of	56631
section 3314.02 of the Revised Code shall enter into a preliminary	56632
agreement under division (C)(2) of section 3314.02 of the Revised	56633
Code until it has received approval from the department of	56634
education to sponsor community schools under this chapter and has	56635
entered into a written agreement with the department regarding the	56636
manner in which the entity will conduct such sponsorship. The	56637
department shall adopt in accordance with Chapter 119. of the	56638
Revised Code rules containing criteria, procedures, and deadlines	56639
for processing applications for such approval, for oversight of	56640
sponsors, for revocation of the approval of sponsors, and for	56641
entering into written agreements with sponsors. The rules shall	56642
require an entity to submit evidence of the entity's ability and	56643
willingness to comply with the provisions of division (D) of	56644
section 3314.03 of the Revised Code. The rules also shall require	56645
entities approved as sponsors on and after June 30, 2005, to	56646
demonstrate a record of financial responsibility and successful	56647
implementation of educational programs. If an entity seeking	56648
approval on or after June 30, 2005, to sponsor community schools	56649
in this state sponsors or operates schools in another state, at	56650
least one of the schools sponsored or operated by the entity must	56651
be comparable to or better than the performance of Ohio schools in	56652
need of continuous improvement under section 3302.03 of the	56653
Revised Code, as determined by the department.	56654

AnSubject to section 3314.016 of the Revised Code, an entity	56655
that sponsors community schools may enter into preliminary	56656
agreements and sponsor up to one hundred schools ~~as follows~~,	56657
provided each school and the contract for sponsorship meets the	56658
requirements of this chapter:	56659

~~(a) An entity that sponsored fifty or fewer schools that were~~	56660
~~open for operation as of May 1, 2005, may sponsor not more than~~	56661
~~fifty schools.~~	56662

~~(b) An entity that sponsored more than fifty but not more~~	56663
~~than seventy-five schools that were open for operation as of May~~	56664
~~1, 2005, may sponsor not more than the number of schools the~~	56665
~~entity sponsored that were open for operation as of May 1, 2005.~~	56666

~~(c) Until June 30, 2006, an entity that sponsored more than~~	56667
~~seventy-five schools that were open for operation as of May 1,~~	56668
~~2005, may sponsor not more than the number of schools the entity~~	56669
~~sponsored that were open for operation as of May 1, 2005. After~~	56670
~~June 30, 2006, such an entity may sponsor not more than~~	56671
~~seventy-five schools.~~	56672

~~Upon approval of an entity to be a sponsor under this~~	56673
~~division, the department shall notify the entity of the number of~~	56674
~~schools the entity may sponsor.~~	56675

~~The limit imposed on an entity to which division (B)(1) of~~	56676
~~this section applies shall be decreased by one for each school~~	56677
~~sponsored by the entity that permanently closes.~~	56678

~~If at any time an entity exceeds the number of schools it may~~	56679
~~sponsor under this division, the department shall assist the~~	56680
~~schools in excess of the entity's limit in securing new sponsors.~~	56681
~~If a school is unable to secure a new sponsor, the department~~	56682
~~shall assume sponsorship of the school in accordance with division~~	56683
~~(C) of this section. Those schools for which another sponsor or~~	56684
~~the department assumes sponsorship shall be the schools that most~~	56685
~~recently entered into contracts with the entity under section~~	56686
~~3314.03 of the Revised Code~~.	56687

(2) The department of education shall determine, pursuant to	56688
criteria adopted by rule of the department, whether the mission	56689
proposed to be specified in the contract of a community school to	56690
be sponsored by a state university board of trustees or the	56691
board's designee under division (C)(1)(e) of section 3314.02 of	56692
the Revised Code complies with the requirements of that division.	56693
Such determination of the department is final.	56694

(3) The department of education shall determine, pursuant to	56695
criteria adopted by rule of the department, if any tax-exempt	56696
entity under section 501(c)(3) of the Internal Revenue Code that	56697
is proposed to be a sponsor of a community school is an	56698
education-oriented entity for purpose of satisfying the condition	56699
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the	56700
Revised Code. Such determination of the department is final.	56701

(C) If at any time the state board of education finds that a	56702
sponsor is not in compliance or is no longer willing to comply	56703
with its contract with any community school or with the	56704
department's rules for sponsorship, the state board or designee	56705
shall conduct a hearing in accordance with Chapter 119. of the	56706
Revised Code on that matter. If after the hearing, the state board	56707
or designee has confirmed the original finding, the department of	56708
education may revoke the sponsor's approval to sponsor community	56709
schools and may assume the sponsorship of any schools with which	56710
the sponsor has contracted until the earlier of the expiration of	56711
two school years or until a new sponsor as described in division	56712
(C)(1) of section 3314.02 of the Revised Code is secured by the	56713
school's governing authority. The department may extend the term	56714
of the contract in the case of a school for which it has assumed	56715
sponsorship under this division as necessary to accommodate the	56716
term of the department's authorization to sponsor the school	56717
specified in this division.	56718

(D) The decision of the department to disapprove an entity	56719
for sponsorship of a community school or to revoke approval for	56720
such sponsorship under division (C) of this section, may be	56721
appealed by the entity in accordance with section 119.12 of the	56722
Revised Code.	56723

(E) The department shall adopt procedures for use by a	56724
community school governing authority and sponsor when the school	56725
permanently closes and ceases operation, which shall include at	56726
least procedures for data reporting to the department, handling of	56727
student records, distribution of assets in accordance with section	56728
3314.074 of the Revised Code, and other matters related to ceasing	56729
operation of the school.	56730

(F) In carrying out its duties under this chapter, the	56731
department shall not impose requirements on community schools or	56732
their sponsors that are not permitted by law or duly adopted	56733
rules.	56734

Sec. 3314.016. This section applies to any entity that	56735
sponsors a community school, regardless of whether section	56736
3314.021 or 3314.027 of the Revised Code exempts the entity from	56737
the requirement to be approved for sponsorship under divisions	56738
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.	56739

(A) An entity that sponsors a community school shall be	56740
permitted to enter into contracts under section 3314.03 of the	56741
Revised Code to sponsor additional community schools only if the	56742
entity meets both of the following criteria:	56743

(1) The entity is in compliance with all provisions of this	56744
chapter requiring sponsors of community schools to report data or	56745
information to the department.	56746

(2) The entity has had at least eighty per cent of the	56747
community schools it sponsors ranked, based on performance index	56748
score as defined in section 3302.01 of the Revised Code, in the	56749
highest ninety-five per cent of all public schools statewide for	56750
three consecutive years, beginning with the ranking based on data	56751
from the 2009-2010 school year.	56752

(B) If the governing authority of a community school enters	56753
into a contract with a sponsor prior to the date on which the	56754
sponsor is prohibited from sponsoring additional schools under	56755
division (A) of this section and the school has not opened for	56756
operation as of that date, that contract shall be void and the	56757
school shall not open until the governing authority secures a new	56758
sponsor by entering into a contract with the new sponsor under	56759
section 3314.03 of the Revised Code.	56760

Sec. 3314.02. (A) As used in this chapter:

56761

(1) "Sponsor" means an entity listed in division (C)(1) of	56762
this section, which has been approved by the department of	56763
education to sponsor community schools and with which the	56764
governing authority of the proposed community school enters into a	56765
contract pursuant to this section.	56766

(2) "Pilot project area" means the school districts included	56767
in the territory of the former community school pilot project	56768
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	56769
the 122nd general assembly.	56770

(3) "Challenged school district" means any of the following:

56771

(a) A school district that is part of the pilot project area;

56772

(b) A school district that is either in a state of academic	56773
emergency or in a state of academic watch under section 3302.03 of	56774
the Revised Code;	56775

56776

(d) A school district ranked in the lowest five per cent	56777
according to performance index score under section 3302.21 of the	56778
Revised Code.	56779

(4) "Big eight school district" means a school district that	56780
for fiscal year 1997 had both of the following:	56781

(a) A percentage of children residing in the district and	56782
participating in the predecessor of Ohio works first greater than	56783
thirty per cent, as reported pursuant to section 3317.10 of the	56784
Revised Code;	56785

(b) An average daily membership greater than twelve thousand,	56786
as reported pursuant to former division (A) of section 3317.03 of	56787
the Revised Code.	56788

(5) "New start-up school" means a community school other than	56789
one created by converting all or part of an existing public school	56790
or educational service center building, as designated in the	56791
school's contract pursuant to division (A)(17) of section 3314.03	56792
of the Revised Code.	56793

(6) "Urban school district" means one of the state's	56794
twenty-one urban school districts as defined in division (O) of	56795
section 3317.02 of the Revised Code as that section existed prior	56796
to July 1, 1998.	56797

(7) "Internet- or computer-based community school" means a	56798
community school established under this chapter in which the	56799
enrolled students work primarily from their residences on	56800
assignments in nonclassroom-based learning opportunities provided	56801
via an internet- or other computer-based instructional method that	56802
does not rely on regular classroom instruction or via	56803
comprehensive instructional methods that include internet-based,	56804
other computer-based, and noncomputer-based learning	56805
opportunities.	56806

(8) "Operator" means either of the following:

56807

(a) An individual or organization that manages the daily	56808
operations of a community school pursuant to a contract between	56809
the operator and the school's governing authority;	56810

(b) A nonprofit organization that provides programmatic	56811
oversight and support to a community school under a contract with	56812
the school's governing authority and that retains the right to	56813
terminate its affiliation with the school if the school fails to	56814
meet the organization's quality standards.	56815

(B) Any person or group of individuals may initially propose	56816
under this division the conversion of all or a portion of a public	56817
school or a building operated by an educational service center to	56818
a community school. The proposal shall be made to the board of	56819
education of the city, local, exempted village, or joint	56820
vocational school district in which the public school is proposed	56821
to be converted or, in the case of the conversion of a building	56822
operated by an educational service center, to the governing board	56823
of the service center. Upon receipt of a proposal, a board may	56824
enter into a preliminary agreement with the person or group	56825
proposing the conversion of the public school or service center	56826
building, indicating the intention of the board to support the	56827
conversion to a community school. A proposing person or group that	56828
has a preliminary agreement under this division may proceed to	56829
finalize plans for the school, establish a governing authority for	56830
the school, and negotiate a contract with the board. Provided the	56831
proposing person or group adheres to the preliminary agreement and	56832
all provisions of this chapter, the board shall negotiate in good	56833
faith to enter into a contract in accordance with section 3314.03	56834
of the Revised Code and division (C) of this section.	56835

(C)(1) Any person or group of individuals may propose under	56836
this division the establishment of a new start-up school to be	56837
located in a challenged school district. The proposal may be made	56838
to any of the following entities:	56839

(a) The board of education of the district in which the	56840
school is proposed to be located;	56841

(b) The board of education of any joint vocational school	56842
district with territory in the county in which is located the	56843
majority of the territory of the district in which the school is	56844
proposed to be located;	56845

(c) The board of education of any other city, local, or	56846
exempted village school district having territory in the same	56847
county where the district in which the school is proposed to be	56848
located has the major portion of its territory;	56849

(d) The governing board of any educational service center~~, as~~	56850
~~long as the proposed school will be located in a county within the~~	56851
~~territory of the service center or in a county contiguous to such~~	56852
~~county~~;	56853

(e) A sponsoring authority designated by the board of	56854
trustees of any of the thirteen state universities listed in	56855
section 3345.011 of the Revised Code or the board of trustees	56856
itself as long as a mission of the proposed school to be specified	56857
in the contract under division (A)(2) of section 3314.03 of the	56858
Revised Code and as approved by the department of education under	56859
division (B)(2) of section 3314.015 of the Revised Code will be	56860
the practical demonstration of teaching methods, educational	56861
technology, or other teaching practices that are included in the	56862
curriculum of the university's teacher preparation program	56863
approved by the state board of education;	56864

(f) Any qualified tax-exempt entity under section 501(c)(3)	56865
of the Internal Revenue Code as long as all of the following	56866
conditions are satisfied:	56867

(i) The entity has been in operation for at least five years	56868
prior to applying to be a community school sponsor.	56869

(ii) The entity has assets of at least five hundred thousand	56870
dollars and a demonstrated record of financial responsibility.	56871

(iii) The department of education has determined that the	56872
entity is an education-oriented entity under division (B)(3) of	56873
section 3314.015 of the Revised Code and the entity has a	56874
demonstrated record of successful implementation of educational	56875
programs.	56876

(iv) The entity is not a community school.

56877

Any entity described in division (C)(1) of this section may	56878
enter into a preliminary agreement pursuant to division (C)(2) of	56879
this section with the proposing person or group.	56880

(2) A preliminary agreement indicates the intention of an	56881
entity described in division (C)(1) of this section to sponsor the	56882
community school. A proposing person or group that has such a	56883
preliminary agreement may proceed to finalize plans for the	56884
school, establish a governing authority as described in division	56885
(E) of this section for the school, and negotiate a contract with	56886
the entity. Provided the proposing person or group adheres to the	56887
preliminary agreement and all provisions of this chapter, the	56888
entity shall negotiate in good faith to enter into a contract in	56889
accordance with section 3314.03 of the Revised Code.	56890

(3) A new start-up school that is established in a school	56891
district while that district is either in a state of academic	56892
emergency or in a state of academic watch under section 3302.03 of	56893
the Revised Code or ranked in the lowest five per cent according	56894
to performance index score under section 3302.21 of the Revised	56895
Code may continue in existence once the school district is no	56896
longer in a state of academic emergency or academic watch or	56897
ranked in the lowest five per cent according to performance index	56898
score, provided there is a valid contract between the school and a	56899
sponsor.	56900

(4) A copy of every preliminary agreement entered into under	56901
this division shall be filed with the superintendent of public	56902
instruction.	56903

(D) A majority vote of the board of a sponsoring entity and a	56904
majority vote of the members of the governing authority of a	56905
community school shall be required to adopt a contract and convert	56906
the public school or educational service center building to a	56907
community school or establish the new start-up school. Beginning	56908
September 29, 2005, adoption of the contract shall occur not later	56909
than the fifteenth day of March, and signing of the contract shall	56910
occur not later than the fifteenth day of May, prior to the school	56911
year in which the school will open. The governing authority shall	56912
notify the department of education when the contract has been	56913
signed. ~~Subject to sections 3314.013, 3314.014, 3314.016, and~~	56914
~~3314.017 of the Revised Code, an~~An unlimited number of community	56915
schools may be established in any school district provided that a	56916
contract is entered into for each community school pursuant to	56917
this chapter.	56918

(E)(1) As used in this division, "immediate relatives" are	56919
limited to spouses, children, parents, grandparents, siblings, and	56920
in-laws.	56921

Each new start-up community school established under this	56922
chapter shall be under the direction of a governing authority	56923
which shall consist of a board of not less than five individuals.	56924

No person shall serve on the governing authority or operate	56925
the community school under contract with the governing authority	56926
so long as the person owes the state any money or is in a dispute	56927
over whether the person owes the state any money concerning the	56928
operation of a community school that has closed.	56929

(2) No person shall serve on the governing authorities of	56930
more than two start-up community schools at the same time.	56931

(3) No present or former member, or immediate relative of a	56932
present or former member, of the governing authority of any	56933
community school established under this chapter shall be an owner,	56934
employee, or consultant of any ~~nonprofit~~sponsor or ~~for-profit~~	56935
operator of a community school, unless at least one year has	56936
elapsed since the conclusion of the person's membership.	56937

(F)(1) A new start-up school that is established prior to	56938
August 15, 2003, in an urban school district that is not also a	56939
big-eight school district may continue to operate after that date	56940
and the contract between the school's governing authority and the	56941
school's sponsor may be renewed, as provided under this chapter,	56942
after that date, but no additional new start-up schools may be	56943
established in such a district unless the district is a challenged	56944
school district as defined in this section as it exists on and	56945
after that date.	56946

(2) A community school that was established prior to June 29,	56947
1999, and is located in a county contiguous to the pilot project	56948
area and in a school district that is not a challenged school	56949
district may continue to operate after that date, provided the	56950
school complies with all provisions of this chapter. The contract	56951
between the school's governing authority and the school's sponsor	56952
may be renewed, but no additional start-up community school may be	56953
established in that district unless the district is a challenged	56954
school district.	56955

~~(3) Any educational service center that, on June 30, 2007,~~	56956
~~sponsors a community school that is not located in a county within~~	56957
~~the territory of the service center or in a county contiguous to~~	56958
~~such county may continue to sponsor that community school on and~~	56959
~~after June 30, 2007, and may renew its contract with the school.~~	56960
~~However, the educational service center shall not enter into a~~	56961
~~contract with any additional community school unless the school is~~	56962
~~located in a county within the territory of the service center or~~	56963
~~in a county contiguous to such county.~~	56964

(G) Notwithstanding anything to the contrary in this section,	56965
a person or group of individuals may propose the establishment of	56966
a new start-up school to be located in a school district that is	56967
not a challenged school district and, upon obtaining a sponsor in	56968
accordance with divisions (C)(1) and (2) of this section, may	56969
proceed to establish the school, if all of the following	56970
conditions are met:	56971

(1) The school will be established as a public benefit	56972
corporation in accordance with division (A)(1)(b) of section	56973
3314.03 of the Revised Code;	56974

(2) At least seventy-five per cent of the school's total	56975
enrollment will be children with disabilities, as defined in	56976
section 3323.01 of the Revised Code;	56977

(3) Either the school district in which the school will be	56978
located or the department of education has certified that there is	56979
a need for a school serving children with disabilities in that	56980
region.	56981

Sec. 3314.021. (A) This section applies to any entity that is	56982
exempt from taxation under section 501(c)(3) of the Internal	56983
Revenue Code and that satisfies the conditions specified in	56984
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	56985
Revised Code but does not satisfy the condition specified in	56986
division (C)(1)(f)(i) of that section.	56987

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	56988
of the Revised Code, an entity described in division (A) of this	56989
section may do both of the following without obtaining the	56990
department of education's initial approval of its sponsorship	56991
under divisions (A)(2) and (B)(1) of section 3314.015 of the	56992
Revised Code:	56993

(1) Succeed the board of trustees of a state university	56994
located in the pilot project area or that board's designee as the	56995
sponsor of a community school established under this chapter;	56996

(2) Continue to sponsor that school in conformance with the	56997
terms of the contract between the board of trustees or its	56998
designee and the governing authority of the community school and	56999
renew that contract as provided in division (E) of section 3314.03	57000
of the Revised Code.	57001

(C) The entity that succeeds the board of trustees or the	57002
board's designee as sponsor of a community school under division	57003
(B) of this section also may enter into contracts to sponsor other	57004
community schools located in any challenged school district,	57005
without obtaining the department's initial approval of its	57006
sponsorship of those schools under divisions (A)(2) and (B)(1) of	57007
section 3314.015 of the Revised Code~~, and not subject to the~~	57008
~~restriction of division (A)(7) of section 3314.013 of the Revised~~	57009
~~Code,~~ as long as the contracts conform with and the entity	57010
complies with all other requirements of this chapter.	57011

(D) Regardless of the entity's authority to sponsor community	57012
schools without the initial approval of the department, the entity	57013
is under the continuing oversight of the department in accordance	57014
with rules adopted under section 3314.015 of the Revised Code.	57015

Sec. 3314.023. In order to provide monitoring and technical	57016
assistance, ~~the sponsor of a community school shall be located or~~	57017
~~have representatives located within fifty miles of the location of~~	57018
~~the community school, or in the case of an internet- or~~	57019
~~computer-based community school, within fifty miles of the~~	57020
~~school's base of operation. A~~a representative of the sponsor of a	57021
community school shall meet with the governing authority or	57022
treasurer of the school and shall review the financial and	57023
enrollment records of the school at least once every ~~two months~~	57024
month.	57025

Not later than one hundred eighty days after the effective	57026
date of this amendment, the state board of education shall adopt	57027
rules under Chapter 119. of the Revised Code that define what	57028
records constitute financial records for purposes of this section.	57029

Sec. 3314.0210. (A) Notwithstanding anything to the contrary	57030
in this chapter, any organization whose membership consists solely	57031
of entities described in divisions (C)(1)(a) to (f) of section	57032
3314.02 of the Revised Code may sponsor community schools,	57033
provided that, in accordance with division (B) of section 3314.015	57034
of the Revised Code, the department of education approves the	57035
organization as a sponsor and the organization enters into a	57036
written agreement with the department regarding the manner in	57037
which the organization will conduct its sponsorship.	57038

(B) An organization approved under division (A) of this	57039
section may do all of the following:	57040

(1) Assume the sponsorship of any community school with which	57041
a member of the organization has entered into a contract under	57042
section 3314.03 of the Revised Code, provided the transfer of the	57043
sponsorship authority takes effect only at the beginning of a	57044
school year and one of the following conditions is met:	57045

(a) If the contract has expired, the governing authority of	57046
the community school enters into a successor contract with the	57047
organization under section 3314.03 of the Revised Code.	57048

(b) If the contract has not expired, both the governing	57049
authority of the community school and the governing body of the	57050
member adopt a resolution consenting to the organization becoming	57051
the school's sponsor prior to the expiration of the contract, and	57052
the governing authority and the organization amend the contract to	57053
reflect the transfer of the school's sponsorship to the	57054
organization.	57055

(2) Enter into a preliminary agreement with a person or group	57056
proposing to convert all or a portion of a building operated by a	57057
school district or educational service center that is a member of	57058
the organization into a community school and, if the district	57059
board of education or service center governing board adopts a	57060
resolution approving the conversion, enter into a contract with	57061
the governing authority of the school under section 3314.03 of the	57062
Revised Code;	57063

(3) Enter into a preliminary agreement with a person or group	57064
proposing the establishment of a new start-up school to be located	57065
in a challenged school district and enter into a contract with the	57066
governing authority of the school under section 3314.03 of the	57067
Revised Code.	57068

(C) An organization approved under division (A) of this	57069
section shall comply with all applicable requirements of this	57070
chapter in the same manner as any other sponsor.	57071

(D) Nothing in this section prohibits a member of an	57072
organization approved under division (A) of this section from	57073
sponsoring a community school on its own in its capacity as an	57074
autonomous entity authorized to sponsor community schools under	57075
section 3314.02 of the Revised Code.	57076

Sec. 3314.03. A copy of every contract entered into under	57077
this section shall be filed with the superintendent of public	57078
instruction.	57079

(A) Each contract entered into between a sponsor and the	57080
governing authority of a community school shall specify the	57081
following:	57082

(1) That the school shall be established as either of the	57083
following:	57084

(a) A nonprofit corporation established under Chapter 1702.	57085
of the Revised Code, if established prior to April 8, 2003;	57086

(b) A public benefit corporation established under Chapter	57087
1702. of the Revised Code, if established after April 8, 2003.	57088

(2) The education program of the school, including the	57089
school's mission, the characteristics of the students the school	57090
is expected to attract, the ages and grades of students, and the	57091
focus of the curriculum;	57092

(3) The academic goals to be achieved and the method of	57093
measurement that will be used to determine progress toward those	57094
goals, which shall include the statewide achievement assessments;	57095

(4) Performance standards by which the success of the school	57096
will be evaluated by the sponsor;	57097

(5) The admission standards of section 3314.06 of the Revised	57098
Code and, if applicable, section 3314.061 of the Revised Code;	57099

(6)(a) Dismissal procedures;

57100

(b) A requirement that the governing authority adopt an	57101
attendance policy that includes a procedure for automatically	57102
withdrawing a student from the school if the student without a	57103
legitimate excuse fails to participate in one hundred five	57104
consecutive hours of the learning opportunities offered to the	57105
student.	57106

(7) The ways by which the school will achieve racial and	57107
ethnic balance reflective of the community it serves;	57108

(8) Requirements for financial audits by the auditor of	57109
state. The contract shall require financial records of the school	57110
to be maintained in the same manner as are financial records of	57111
school districts, pursuant to rules of the auditor of state.	57112
Audits shall be conducted in accordance with section 117.10 of the	57113
Revised Code.	57114

(9) The facilities to be used and their locations;

57115

(10) Qualifications of teachers, including the following:

57116

(a) A requirement that the school's classroom teachers be	57117
licensed in accordance with sections 3319.22 to 3319.31 of the	57118
Revised Code, except that a community school may engage	57119
noncertificated persons to teach up to twelve hours per week	57120
pursuant to section 3319.301 of the Revised Code;	57121

(b) A requirement that each classroom teacher initially hired	57122
by the school on or after July 1, 2013, and employed to provide	57123
instruction in physical education hold a valid license issued	57124
pursuant to section 3319.22 of the Revised Code for teaching	57125
physical education.	57126

(11) That the school will comply with the following	57127
requirements:	57128

(a) The school will provide learning opportunities to a	57129
minimum of twenty-five students for a minimum of nine hundred	57130
twenty hours per school year.	57131

(b) The governing authority will purchase liability	57132
insurance, or otherwise provide for the potential liability of the	57133
school.	57134

(c) The school will be nonsectarian in its programs,	57135
admission policies, employment practices, and all other	57136
operations, and will not be operated by a sectarian school or	57137
religious institution.	57138

(d) The school will comply with sections 9.90, 9.91, 109.65,	57139
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	57140
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	57141
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,	57142
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	57143
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,	57144
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, ~~3314.817~~	57145
3313.817, 3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391,	57146
3319.41, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18,	57147
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	57148
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	57149
and 4167. of the Revised Code as if it were a school district and	57150
will comply with section 3301.0714 of the Revised Code in the	57151
manner specified in section 3314.17 of the Revised Code.	57152

(e) The school shall comply with Chapter 102. and section	57153
2921.42 of the Revised Code.	57154

(f) The school will comply with sections 3313.61, 3313.611,	57155
and 3313.614 of the Revised Code, except that for students who	57156
enter ninth grade for the first time before July 1, 2010, the	57157
requirement in sections 3313.61 and 3313.611 of the Revised Code	57158
that a person must successfully complete the curriculum in any	57159
high school prior to receiving a high school diploma may be met by	57160
completing the curriculum adopted by the governing authority of	57161
the community school rather than the curriculum specified in Title	57162
XXXIII of the Revised Code or any rules of the state board of	57163
education. Beginning with students who enter ninth grade for the	57164
first time on or after July 1, 2010, the requirement in sections	57165
3313.61 and 3313.611 of the Revised Code that a person must	57166
successfully complete the curriculum of a high school prior to	57167
receiving a high school diploma shall be met by completing the	57168
Ohio core curriculum prescribed in division (C) of section	57169
3313.603 of the Revised Code, unless the person qualifies under	57170
division (D) or (F) of that section. Each school shall comply with	57171
the plan for awarding high school credit based on demonstration of	57172
subject area competency, adopted by the state board of education	57173
under division (J) of section 3313.603 of the Revised Code.	57174

(g) The school governing authority will submit within four	57175
months after the end of each school year a report of its	57176
activities and progress in meeting the goals and standards of	57177
divisions (A)(3) and (4) of this section and its financial status	57178
to the sponsor and the parents of all students enrolled in the	57179
school.	57180

(h) The school, unless it is an internet- or computer-based	57181
community school, will comply with ~~sections 3313.674 and~~section	57182
3313.801 of the Revised Code as if it were a school district.	57183

(12) Arrangements for providing health and other benefits to	57184
employees;	57185

(13) The length of the contract, which shall begin at the	57186
beginning of an academic year. No contract shall exceed five years	57187
unless such contract has been renewed pursuant to division (E) of	57188
this section.	57189

(14) The governing authority of the school, which shall be	57190
responsible for carrying out the provisions of the contract;	57191

(15) A financial plan detailing an estimated school budget	57192
for each year of the period of the contract and specifying the	57193
total estimated per pupil expenditure amount for each such year.	57194
The plan shall specify for each year the base formula amount that	57195
will be used for purposes of funding calculations under section	57196
3314.08 of the Revised Code. This base formula amount for any year	57197
shall not exceed the formula amount defined under section 3317.02	57198
of the Revised Code. The plan may also specify for any year a	57199
percentage figure to be used for reducing the per pupil amount of	57200
the subsidy calculated pursuant to section 3317.029 of the Revised	57201
Code the school is to receive that year under section 3314.08 of	57202
the Revised Code.	57203

(16) Requirements and procedures regarding the disposition of	57204
employees of the school in the event the contract is terminated or	57205
not renewed pursuant to section 3314.07 of the Revised Code;	57206

(17) Whether the school is to be created by converting all or	57207
part of an existing public school or educational service center	57208
building or is to be a new start-up school, and if it is a	57209
converted public school or service center building, specification	57210
of any duties or responsibilities of an employer that the board of	57211
education or service center governing board that operated the	57212
school or building before conversion is delegating to the	57213
governing authority of the community school with respect to all or	57214
any specified group of employees provided the delegation is not	57215
prohibited by a collective bargaining agreement applicable to such	57216
employees;	57217

(18) Provisions establishing procedures for resolving	57218
disputes or differences of opinion between the sponsor and the	57219
governing authority of the community school;	57220

(19) A provision requiring the governing authority to adopt a	57221
policy regarding the admission of students who reside outside the	57222
district in which the school is located. That policy shall comply	57223
with the admissions procedures specified in sections 3314.06 and	57224
3314.061 of the Revised Code and, at the sole discretion of the	57225
authority, shall do one of the following:	57226

(a) Prohibit the enrollment of students who reside outside	57227
the district in which the school is located;	57228

(b) Permit the enrollment of students who reside in districts	57229
adjacent to the district in which the school is located;	57230

(c) Permit the enrollment of students who reside in any other	57231
district in the state.	57232

(20) A provision recognizing the authority of the department	57233
of education to take over the sponsorship of the school in	57234
accordance with the provisions of division (C) of section 3314.015	57235
of the Revised Code;	57236

(21) A provision recognizing the sponsor's authority to	57237
assume the operation of a school under the conditions specified in	57238
division (B) of section 3314.073 of the Revised Code;	57239

(22) A provision recognizing both of the following:

57240

(a) The authority of public health and safety officials to	57241
inspect the facilities of the school and to order the facilities	57242
closed if those officials find that the facilities are not in	57243
compliance with health and safety laws and regulations;	57244

(b) The authority of the department of education as the	57245
community school oversight body to suspend the operation of the	57246
school under section 3314.072 of the Revised Code if the	57247
department has evidence of conditions or violations of law at the	57248
school that pose an imminent danger to the health and safety of	57249
the school's students and employees and the sponsor refuses to	57250
take such action;	57251

(23) A description of the learning opportunities that will be	57252
offered to students including both classroom-based and	57253
non-classroom-based learning opportunities that is in compliance	57254
with criteria for student participation established by the	57255
department under division (L)(2) of section 3314.08 of the Revised	57256
Code;	57257

(24) The school will comply with sections 3302.04 and	57258
3302.041 of the Revised Code, except that any action required to	57259
be taken by a school district pursuant to those sections shall be	57260
taken by the sponsor of the school. However, the sponsor shall not	57261
be required to take any action described in division (F) of	57262
section 3302.04 of the Revised Code.	57263

(25) Beginning in the 2006-2007 school year, the school will	57264
open for operation not later than the thirtieth day of September	57265
each school year, unless the mission of the school as specified	57266
under division (A)(2) of this section is solely to serve dropouts.	57267
In its initial year of operation, if the school fails to open by	57268
the thirtieth day of September, or within one year after the	57269
adoption of the contract pursuant to division (D) of section	57270
3314.02 of the Revised Code if the mission of the school is solely	57271
to serve dropouts, the contract shall be void.	57272

(B) The community school shall also submit to the sponsor a	57273
comprehensive plan for the school. The plan shall specify the	57274
following:	57275

(1) The process by which the governing authority of the	57276
school will be selected in the future;	57277

(2) The management and administration of the school;

57278

(3) If the community school is a currently existing public	57279
school or educational service center building, alternative	57280
arrangements for current public school students who choose not to	57281
attend the converted school and for teachers who choose not to	57282
teach in the school or building after conversion;	57283

(4) The instructional program and educational philosophy of	57284
the school;	57285

(5) Internal financial controls.

57286

(C) A contract entered into under section 3314.02 of the	57287
Revised Code between a sponsor and the governing authority of a	57288
community school may provide for the community school governing	57289
authority to make payments to the sponsor, which is hereby	57290
authorized to receive such payments as set forth in the contract	57291
between the governing authority and the sponsor. The total amount	57292
of such payments for oversight and monitoring of the school shall	57293
not exceed three per cent of the total amount of payments for	57294
operating expenses that the school receives from the state.	57295

(D) The contract shall specify the duties of the sponsor	57296
which shall be in accordance with the written agreement entered	57297
into with the department of education under division (B) of	57298
section 3314.015 of the Revised Code and shall include the	57299
following:	57300

(1) Monitor the community school's compliance with all laws	57301
applicable to the school and with the terms of the contract;	57302

(2) Monitor and evaluate the academic and fiscal performance	57303
and the organization and operation of the community school on at	57304
least an annual basis;	57305

(3) Report on an annual basis the results of the evaluation	57306
conducted under division (D)(2) of this section to the department	57307
of education and to the parents of students enrolled in the	57308
community school;	57309

(4) Provide technical assistance to the community school in	57310
complying with laws applicable to the school and terms of the	57311
contract;	57312

(5) Take steps to intervene in the school's operation to	57313
correct problems in the school's overall performance, declare the	57314
school to be on probationary status pursuant to section 3314.073	57315
of the Revised Code, suspend the operation of the school pursuant	57316
to section 3314.072 of the Revised Code, or terminate the contract	57317
of the school pursuant to section 3314.07 of the Revised Code as	57318
determined necessary by the sponsor;	57319

(6) Have in place a plan of action to be undertaken in the	57320
event the community school experiences financial difficulties or	57321
closes prior to the end of a school year.	57322

(E) Upon the expiration of a contract entered into under this	57323
section, the sponsor of a community school may, with the approval	57324
of the governing authority of the school, renew that contract for	57325
a period of time determined by the sponsor, but not ending earlier	57326
than the end of any school year, if the sponsor finds that the	57327
school's compliance with applicable laws and terms of the contract	57328
and the school's progress in meeting the academic goals prescribed	57329
in the contract have been satisfactory. Any contract that is	57330
renewed under this division remains subject to the provisions of	57331
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	57332

(F) If a community school fails to open for operation within	57333
one year after the contract entered into under this section is	57334
adopted pursuant to division (D) of section 3314.02 of the Revised	57335
Code or permanently closes prior to the expiration of the	57336
contract, the contract shall be void and the school shall not	57337
enter into a contract with any other sponsor. A school shall not	57338
be considered permanently closed because the operations of the	57339
school have been suspended pursuant to section 3314.072 of the	57340
Revised Code. ~~Any contract that becomes void under this division~~	57341
~~shall not count toward any statewide limit on the number of such~~	57342
~~contracts prescribed by section 3314.013 of the Revised Code.~~	57343

Sec. 3314.05. (A) The contract between the community school	57344
and the sponsor shall specify the facilities to be used for the	57345
community school and the method of acquisition. Except as provided	57346
in ~~division~~divisions (B)(3) and (4) of this section, no community	57347
school shall be established in more than one school district under	57348
the same contract.	57349

(B) Division (B) of this section shall not apply to internet-	57350
or computer-based community schools.	57351

(1) A community school may be located in multiple facilities	57352
under the same contract only if the limitations on availability of	57353
space prohibit serving all the grade levels specified in the	57354
contract in a single facility or division (B)(2) or, (3), or (4)	57355
of this section applies to the school. The school shall not offer	57356
the same grade level classrooms in more than one facility.	57357

(2) A community school may be located in multiple facilities	57358
under the same contract and, notwithstanding division (B)(1) of	57359
this section, may assign students in the same grade level to	57360
multiple facilities, as long as all of the following apply:	57361

(a) The governing authority of the community school filed a	57362
copy of its contract with the school's sponsor under section	57363
3314.03 of the Revised Code with the superintendent of public	57364
instruction on or before May 15, 2008.	57365

(b) The school was not open for operation prior to July 1,	57366
2008.	57367

(c) The governing authority has entered into and maintains a	57368
contract with an operator of the type described in division	57369
(A)~~(2)~~(8)(b) of section ~~3314.014~~3314.02 of the Revised Code.	57370

(d) The contract with that operator qualified the school to	57371
be established pursuant to division (A) of former section 3314.016	57372
of the Revised Code.	57373

(e) The school's rating under section 3302.03 of the Revised	57374
Code does not fall below "in need of continuous improvement" for	57375
two or more consecutive years.	57376

(3) A new start-up community school may be established in two	57377
school districts under the same contract if all of the following	57378
apply:	57379

(a) At least one of the school districts in which the school	57380
is established is a challenged school district;	57381

(b) The school operates not more than one facility in each	57382
school district and, in accordance with division (B)(1) of this	57383
section, the school does not offer the same grade level classrooms	57384
in both facilities; and	57385

(c) Transportation between the two facilities does not	57386
require more than thirty minutes of direct travel time as measured	57387
by school bus.	57388

In the case of a community school to which division (B)(3) of	57389
this section applies, if only one of the school districts in which	57390
the school is established is a challenged school district, that	57391
district shall be considered the school's primary location and the	57392
district in which the school is located for the purposes of	57393
division (A)(19) of section 3314.03 and divisions (C) and (H) of	57394
section 3314.06 of the Revised Code and for all other purposes of	57395
this chapter. If both of the school districts in which the school	57396
is established are challenged school districts, the school's	57397
governing authority shall designate one of those districts to be	57398
considered the school's primary location and the district in which	57399
the school is located for the purposes of those divisions and all	57400
other purposes of this chapter and shall notify the department of	57401
education of that designation.	57402

(4) A community school may be located in multiple facilities	57403
under the same contract and, notwithstanding division (B)(1) of	57404
this section, may assign students in the same grade level to	57405
multiple facilities, as long as both of the following apply:	57406

(a) The facilities are all located in the same county.

57407

(b) The governing authority has entered into and maintains a	57408
contract with an operator.	57409

In the case of a community school to which division (B)(4) of	57410
this section applies and that maintains facilities in more than	57411
one school district, the school's governing authority shall	57412
designate one of those districts to be considered the school's	57413
primary location and the district in which the school is located	57414
for the purposes of division (A)(19) of section 3314.03 and	57415
divisions (C) and (H) of section 3314.06 of the Revised Code and	57416
for all other purposes of this chapter and shall notify the	57417
department of that designation.	57418

(5) Any facility used for a community school shall meet all	57419
health and safety standards established by law for school	57420
buildings.	57421

(C) In the case where a community school is proposed to be	57422
located in a facility owned by a school district or educational	57423
service center, the facility may not be used for such community	57424
school unless the district or service center board owning the	57425
facility enters into an agreement for the community school to	57426
utilize the facility. Use of the facility may be under any terms	57427
and conditions agreed to by the district or service center board	57428
and the school.	57429

(D) Two or more separate community schools may be located in	57430
the same facility.	57431

Sec. 3314.051. (A) When the governing authority of a	57432
community school that acquired real property from a school	57433
district pursuant to former division (G)(2) of section 3313.41 of	57434
the Revised Code decides to dispose of that property, it first	57435
shall offer that property for sale to the school district board of	57436
education from which it acquired the property, at a price that is	57437
not higher than the appraised fair market value of that property.	57438
If the district board does not accept the offer within sixty days	57439
after the offer is made, the community school may dispose of the	57440
property in another lawful manner.	57441

(B) When a community school that acquired real property from	57442
a school district pursuant to former division (G)(2) of section	57443
3313.41 of the Revised Code permanently closes, in distributing	57444
the school's assets under section 3314.074 of the Revised Code,	57445
that property first shall be offered for sale to the school	57446
district board of education from which the community school	57447
acquired the property, at a price that is not higher than the	57448
appraised fair market value of that property. If the district	57449
board does not accept the offer within sixty days after the offer	57450
is made, the property may be disposed in another lawful manner.	57451

Sec. 3314.07. (A) The expiration of the contract for a	57452
community school between a sponsor and a school shall be the date	57453
provided in the contract. A successor contract may be entered into	57454
pursuant to division (E) of section 3314.03 of the Revised Code	57455
unless the contract is terminated or not renewed pursuant to this	57456
section.	57457

(B)(1) A sponsor may choose not to renew a contract at its	57458
expiration or may choose to terminate a contract prior to its	57459
expiration for any of the following reasons:	57460

(a) Failure to meet student performance requirements stated	57461
in the contract;	57462

(b) Failure to meet generally accepted standards of fiscal	57463
management;	57464

(c) Violation of any provision of the contract or applicable	57465
state or federal law;	57466

(d) Other good cause.

57467

(2) A sponsor may choose to terminate a contract prior to its	57468
expiration if the sponsor has suspended the operation of the	57469
contract under section 3314.072 of the Revised Code.	57470

(3) ~~At least ninety days prior to the termination or~~	57471
~~nonrenewal of a~~Not later than the first day of March in the year	57472
in which the sponsor intends to terminate or take actions not to	57473
renew the community school's contract, the sponsor shall notify	57474
the school of the proposed action in writing. The notice shall	57475
include the reasons for the proposed action in detail, the	57476
effective date of the termination or nonrenewal, and a statement	57477
that the school may, within fourteen days of receiving the notice,	57478
request an informal hearing before the sponsor. Such request must	57479
be in writing. The informal hearing shall be held within ~~seventy~~	57480
fourteen days of the receipt of a request for the hearing.	57481
~~Promptly following~~Not later than fourteen days after the informal	57482
hearing, the sponsor shall issue a written decision either	57483
affirming or rescinding the decision to terminate or not renew the	57484
contract.	57485

(4) A decision by the sponsor to terminate a contract may be	57486
appealed to the state board of education. The notice of appeal	57487
shall be filed with the state board not later than fourteen days	57488
following receipt of the sponsor's written decision to terminate	57489
the contract. Within sixty days of receipt of the notice of	57490
appeal, the state board shall conduct a hearing and issue a	57491
written decision on the appeal. The written decision of the state	57492
board shall include the reasons for affirming or rescinding the	57493
decision of the sponsor. The decision by the state board	57494
pertaining to an appeal under this division is final. If the	57495
sponsor is the state board, its decision to terminate a contract	57496
under division (B)(3) of this section shall be final.	57497

(5) The termination of a contract under this section shall be	57498
effective upon the occurrence of the later of the following	57499
events:	57500

(a) ~~Ninety days following the~~The date the sponsor notifies	57501
the school of its decision to terminate the contract as prescribed	57502
in division (B)(3) of this section;	57503

(b) If an informal hearing is requested under division (B)(3)	57504
of this section and as a result of that hearing the sponsor	57505
affirms its decision to terminate the contract, the effective date	57506
of the termination specified in the notice issued under division	57507
(B)(3) of this section, or if that decision is appealed to the	57508
state board under division (B)(4) of this section and the state	57509
board affirms that decision, the date established in the	57510
resolution of the state board affirming the sponsor's decision.	57511

(6) Any community school whose contract is terminated under	57512
division (B) of this section shall close permanently at the end of	57513
the current school year or on a date specified in the notification	57514
of termination under (B)(3) of this section. Any community school	57515
whose contract is terminated under this division shall not enter	57516
into a contract with any other sponsor.	57517

(C) A child attending a community school whose contract has	57518
been terminated, nonrenewed, or suspended or that closes for any	57519
reason shall be admitted to the schools of the district in which	57520
the child is entitled to attend under section 3313.64 or 3313.65	57521
of the Revised Code. Any deadlines established for the purpose of	57522
admitting students under section 3313.97 or 3313.98 of the Revised	57523
Code shall be waived for students to whom this division pertains.	57524

(D) If a community school does not intend to renew a contract	57525
with its sponsor, the community school shall notify its sponsor in	57526
writing of that fact at least one hundred eighty days prior to the	57527
expiration of the contract. Such a community school may enter into	57528
a contract with a new sponsor in accordance with section 3314.03	57529
of the Revised Code upon the expiration of the previous contract.	57530

(E) A sponsor of a community school and the officers,	57531
directors, or employees of such a sponsor are immune from civil	57532
liability for any action authorized under this chapter or the	57533
contract entered into with the school under section 3314.03 of the	57534
Revised Code that is taken to fulfill the sponsor's responsibility	57535
to oversee and monitor the school. The sponsor and its officers,	57536
directors, or employees are not liable in damages in a tort or	57537
other civil action for harm allegedly arising from either of the	57538
following:	57539

(1) A failure of the community school or any of its officers,	57540
directors, or employees to perform any statutory or common law	57541
duty or responsibility or any other legal obligation;	57542

(2) An action or omission of the community school or any of	57543
its officers, directors, or employees that results in harm.	57544

(F) As used in this section:

57545

(1) "Harm" means injury, death, or loss to person or	57546
property.	57547

(2) "Tort action" means a civil action for damages for	57548
injury, death, or loss to person or property other than a civil	57549
action for damages for a breach of contract or another agreement	57550
between persons.	57551

Sec. 3314.08. The deductions under division (C) and the	57552
payments under division (D) of this section for fiscal years ~~2010~~	57553
2012 and ~~2011~~2013 shall be made in accordance with section	57554
3314.088 of the Revised Code.	57555

(A) As used in this section:

57556

(1) "Base formula amount" means the amount specified as such	57557
in a community school's financial plan for a school year pursuant	57558
to division (A)(15) of section 3314.03 of the Revised Code.	57559

(2) "IEP" has the same meaning as in section 3323.01 of the	57560
Revised Code.	57561

(3) "Applicable special education weight" means the multiple	57562
specified in section 3317.013 of the Revised Code for a disability	57563
described in that section.	57564

(4) "Applicable vocational education weight" means:

57565

(a) For a student enrolled in vocational education programs	57566
or classes described in division (A) of section 3317.014 of the	57567
Revised Code, the multiple specified in that division;	57568

(b) For a student enrolled in vocational education programs	57569
or classes described in division (B) of section 3317.014 of the	57570
Revised Code, the multiple specified in that division.	57571

(5) "Entitled to attend school" means entitled to attend	57572
school in a district under section 3313.64 or 3313.65 of the	57573
Revised Code.	57574

(6) A community school student is "included in the poverty	57575
student count" of a school district if the student is entitled to	57576
attend school in the district and the student's family receives	57577
assistance under the Ohio works first program.	57578

(7) "Poverty-based assistance reduction factor" means the	57579
percentage figure, if any, for reducing the per pupil amount of	57580
poverty-based assistance a community school is entitled to receive	57581
pursuant to divisions (D)(5) to (9) of this section in any year,	57582
as specified in the school's financial plan for the year pursuant	57583
to division (A)(15) of section 3314.03 of the Revised Code.	57584

(8) "All-day kindergarten" has the same meaning as in section	57585
~~3317.029~~3321.05 of the Revised Code.	57586

(9) "State education aid" has the same meaning as in section	57587
5751.20 of the Revised Code.	57588

(B) The state board of education shall adopt rules requiring	57589
both of the following:	57590

(1) The board of education of each city, exempted village,	57591
and local school district to annually report the number of	57592
students entitled to attend school in the district who are	57593
enrolled in grades one through twelve in a community school	57594
established under this chapter, the number of students entitled to	57595
attend school in the district who are enrolled in kindergarten in	57596
a community school, the number of those kindergartners who are	57597
enrolled in all-day kindergarten in their community school, and	57598
for each child, the community school in which the child is	57599
enrolled.	57600

(2) The governing authority of each community school	57601
established under this chapter to annually report all of the	57602
following:	57603

(a) The number of students enrolled in grades one through	57604
twelve and the number of students enrolled in kindergarten in the	57605
school who are not receiving special education and related	57606
services pursuant to an IEP;	57607

(b) The number of enrolled students in grades one through	57608
twelve and the number of enrolled students in kindergarten, who	57609
are receiving special education and related services pursuant to	57610
an IEP;	57611

(c) The number of students reported under division (B)(2)(b)	57612
of this section receiving special education and related services	57613
pursuant to an IEP for a disability described in each of divisions	57614
(A) to (F) of section 3317.013 of the Revised Code;	57615

(d) The full-time equivalent number of students reported	57616
under divisions (B)(2)(a) and (b) of this section who are enrolled	57617
in vocational education programs or classes described in each of	57618
divisions (A) and (B) of section 3317.014 of the Revised Code that	57619
are provided by the community school;	57620

(e) Twenty per cent of the number of students reported under	57621
divisions (B)(2)(a) and (b) of this section who are not reported	57622
under division (B)(2)(d) of this section but who are enrolled in	57623
vocational education programs or classes described in each of	57624
divisions (A) and (B) of section 3317.014 of the Revised Code at a	57625
joint vocational school district under a contract between the	57626
community school and the joint vocational school district and are	57627
entitled to attend school in a city, local, or exempted village	57628
school district whose territory is part of the territory of the	57629
joint vocational school district;	57630

(f) The number of enrolled preschool children with	57631
disabilities receiving special education services in a	57632
state-funded unit;	57633

(g) The community school's base formula amount;

57634

(h) For each student, the city, exempted village, or local	57635
school district in which the student is entitled to attend school;	57636

(i) Any poverty-based assistance reduction factor that	57637
applies to a school year.	57638

(C) From the state education aid calculated for a city,	57639
exempted village, or local school district and, if necessary, from	57640
the payment made to the district under sections 321.24 and 323.156	57641
of the Revised Code, the department of education shall annually	57642
subtract the sum of the amounts described in divisions (C)(1) to	57643
(9) of this section. However, when deducting payments on behalf of	57644
students enrolled in internet- or computer-based community	57645
schools, the department shall deduct only those amounts described	57646
in divisions (C)(1) and (2) of this section. Furthermore, the	57647
aggregate amount deducted under this division shall not exceed the	57648
sum of the district's state education aid and its payment under	57649
sections 321.24 and 323.156 of the Revised Code.	57650

(1) An amount equal to the sum of the amounts obtained when,	57651
for each community school where the district's students are	57652
enrolled, the number of the district's students reported under	57653
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	57654
in grades one through twelve, and one-half the number of students	57655
reported under those divisions who are enrolled in kindergarten,	57656
in that community school is multiplied by the sum of the base	57657
formula amount of that community school plus the per pupil amount	57658
of the base funding supplements specified in divisions (C)(1) to	57659
(4) of section 3317.012 of the Revised Code.	57660

(2) The sum of the amounts calculated under divisions	57661
(C)(2)(a) and (b) of this section:	57662

(a) For each of the district's students reported under	57663
division (B)(2)(c) of this section as enrolled in a community	57664
school in grades one through twelve and receiving special	57665
education and related services pursuant to an IEP for a disability	57666
described in section 3317.013 of the Revised Code, the product of	57667
the applicable special education weight times the community	57668
school's base formula amount;	57669

(b) For each of the district's students reported under	57670
division (B)(2)(c) of this section as enrolled in kindergarten in	57671
a community school and receiving special education and related	57672
services pursuant to an IEP for a disability described in section	57673
3317.013 of the Revised Code, one-half of the amount calculated as	57674
prescribed in division (C)(2)(a) of this section.	57675

(3) For each of the district's students reported under	57676
division (B)(2)(d) of this section for whom payment is made under	57677
division (D)(4) of this section, the amount of that payment;	57678

(4) An amount equal to the sum of the amounts obtained when,	57679
for each community school where the district's students are	57680
enrolled, the number of the district's students enrolled in that	57681
community school who are included in the district's poverty	57682
student count is multiplied by the per pupil amount of	57683
poverty-based assistance the school district receives that year	57684
pursuant to division (C) of section 3317.029 of the Revised Code,	57685
as adjusted by any poverty-based assistance reduction factor of	57686
that community school. The per pupil amount of that aid for the	57687
district shall be calculated by the department.	57688

(5) An amount equal to the sum of the amounts obtained when,	57689
for each community school where the district's students are	57690
enrolled, the district's per pupil amount of aid received under	57691
division (E) of section 3317.029 of the Revised Code, as adjusted	57692
by any poverty-based assistance reduction factor of the community	57693
school, is multiplied by the sum of the following:	57694

(a) The number of the district's students reported under	57695
division (B)(2)(a) of this section who are enrolled in grades one	57696
to three in that community school and who are not receiving	57697
special education and related services pursuant to an IEP;	57698

(b) One-half of the district's students who are enrolled in	57699
all-day or any other kindergarten class in that community school	57700
and who are not receiving special education and related services	57701
pursuant to an IEP;	57702

(c) One-half of the district's students who are enrolled in	57703
all-day kindergarten in that community school and who are not	57704
receiving special education and related services pursuant to an	57705
IEP.	57706

The district's per pupil amount of aid under division (E) of	57707
section 3317.029 of the Revised Code is the quotient of the amount	57708
the district received under that division divided by the	57709
district's kindergarten through third grade ADM, as defined in	57710
that section.	57711

(6) An amount equal to the sum of the amounts obtained when,	57712
for each community school where the district's students are	57713
enrolled, the district's per pupil amount received under division	57714
(F) of section 3317.029 of the Revised Code, as adjusted by any	57715
poverty-based assistance reduction factor of that community	57716
school, is multiplied by the number of the district's students	57717
enrolled in the community school who are identified as	57718
limited-English proficient.	57719

(7) An amount equal to the sum of the amounts obtained when,	57720
for each community school where the district's students are	57721
enrolled, the district's per pupil amount received under division	57722
(G) of section 3317.029 of the Revised Code, as adjusted by any	57723
poverty-based assistance reduction factor of that community	57724
school, is multiplied by the sum of the following:	57725

(a) The number of the district's students enrolled in grades	57726
one through twelve in that community school;	57727

(b) One-half of the number of the district's students	57728
enrolled in kindergarten in that community school.	57729

The district's per pupil amount under division (G) of section	57730
3317.029 of the Revised Code is the district's amount per teacher	57731
calculated under division (G)(1) or (2) of that section divided by	57732
17.	57733

(8) An amount equal to the sum of the amounts obtained when,	57734
for each community school where the district's students are	57735
enrolled, the district's per pupil amount received under divisions	57736
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	57737
by any poverty-based assistance reduction factor of that community	57738
school, is multiplied by the sum of the following:	57739

(a) The number of the district's students enrolled in grades	57740
one through twelve in that community school;	57741

(b) One-half of the number of the district's students	57742
enrolled in kindergarten in that community school.	57743

The district's per pupil amount under divisions (H) and (I)	57744
of section 3317.029 of the Revised Code is the amount calculated	57745
under each division divided by the district's formula ADM, as	57746
defined in section 3317.02 of the Revised Code.	57747

(9) An amount equal to the per pupil state parity aid funding	57748
calculated for the school district under either division (C) or	57749
(D) of section 3317.0217 of the Revised Code multiplied by the sum	57750
of the number of students in grades one through twelve, and	57751
one-half of the number of students in kindergarten, who are	57752
entitled to attend school in the district and are enrolled in a	57753
community school as reported under division (B)(1) of this	57754
section.	57755

(D) The department shall annually pay to a community school	57756
established under this chapter the sum of the amounts described in	57757
divisions (D)(1) to (10) of this section. However, the department	57758
shall calculate and pay to each internet- or computer-based	57759
community school only the amounts described in divisions (D)(1) to	57760
(3) of this section. Furthermore, the sum of the payments to all	57761
community schools under divisions (D)(1), (2), and (4) to (10) of	57762
this section for the students entitled to attend school in any	57763
particular school district shall not exceed the sum of that	57764
district's state education aid and its payment under sections	57765
321.24 and 323.156 of the Revised Code. If the sum of the payments	57766
calculated under those divisions for the students entitled to	57767
attend school in a particular school district exceeds the sum of	57768
that district's state education aid and its payment under sections	57769
321.24 and 323.156 of the Revised Code, the department shall	57770
calculate and apply a proration factor to the payments to all	57771
community schools under those divisions for the students entitled	57772
to attend school in that district.	57773

(1) ~~Subject to section 3314.085 of the Revised Code, an~~An	57774
amount equal to the sum of the amounts obtained when the number of	57775
students enrolled in grades one through twelve, plus one-half of	57776
the kindergarten students in the school, reported under divisions	57777
(B)(2)(a), (b), and (e) of this section who are not receiving	57778
special education and related services pursuant to an IEP for a	57779
disability described in section 3317.013 of the Revised Code is	57780
multiplied by the sum of the community school's base formula	57781
amount plus the per pupil amount of the base funding supplements	57782
specified in divisions (C)(1) to (4) of section 3317.012 of the	57783
Revised Code.	57784

(2) ~~Prior to fiscal year 2007, the greater of the amount~~	57785
~~calculated under division (D)(2)(a) or (b) of this section, and in~~	57786
~~fiscal year 2007 and thereafter, the amount calculated under~~	57787
~~division (D)(2)(b) of this section:~~	57788

~~(a) The aggregate amount that the department paid to the~~	57789
~~community school in fiscal year 1999 for students receiving~~	57790
~~special education and related services pursuant to IEPs, excluding~~	57791
~~federal funds and state disadvantaged pupil impact aid funds;~~	57792

~~(b)~~ The sum of the following amounts ~~calculated under~~	57793
~~divisions (D)(2)(b)(i) and (ii) of this section~~:	57794

~~(i)~~(a) For each student reported under division (B)(2)(c) of	57795
this section as enrolled in the school in grades one through	57796
twelve and receiving special education and related services	57797
pursuant to an IEP for a disability described in section 3317.013	57798
of the Revised Code, the following amount:	57799

(the school's base formula amount plus	57800

the per pupil amount of the base funding supplements specified in	57801

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)	57802

+ (the applicable special education weight X the	57803

community school's base formula amount);	57804

~~(ii)~~(b) For each student reported under division (B)(2)(c) of	57805
this section as enrolled in kindergarten and receiving special	57806
education and related services pursuant to an IEP for a disability	57807
described in section 3317.013 of the Revised Code, one-half of the	57808
amount calculated under the formula prescribed in division	57809
(D)(2)~~(b)(i)~~(a) of this section.	57810

(3) An amount received from federal funds to provide special	57811
education and related services to students in the community	57812
school, as determined by the superintendent of public instruction.	57813

(4) For each student reported under division (B)(2)(d) of	57814
this section as enrolled in vocational education programs or	57815
classes that are described in section 3317.014 of the Revised	57816
Code, are provided by the community school, and are comparable as	57817
determined by the superintendent of public instruction to school	57818
district vocational education programs and classes eligible for	57819
state weighted funding under section 3317.014 of the Revised Code,	57820
an amount equal to the applicable vocational education weight	57821
times the community school's base formula amount times the	57822
percentage of time the student spends in the vocational education	57823
programs or classes.	57824

(5) An amount equal to the sum of the amounts obtained when,	57825
for each school district where the community school's students are	57826
entitled to attend school, the number of that district's students	57827
enrolled in the community school who are included in the	57828
district's poverty student count is multiplied by the per pupil	57829
amount of poverty-based assistance that school district receives	57830
that year pursuant to division (C) of section 3317.029 of the	57831
Revised Code, as adjusted by any poverty-based assistance	57832
reduction factor of the community school. The per pupil amount of	57833
aid shall be determined as described in division (C)(4) of this	57834
section.	57835

(6) An amount equal to the sum of the amounts obtained when,	57836
for each school district where the community school's students are	57837
entitled to attend school, the district's per pupil amount of aid	57838
received under division (E) of section 3317.029 of the Revised	57839
Code, as adjusted by any poverty-based assistance reduction factor	57840
of the community school, is multiplied by the sum of the	57841
following:	57842

(a) The number of the district's students reported under	57843
division (B)(2)(a) of this section who are enrolled in grades one	57844
to three in that community school and who are not receiving	57845
special education and related services pursuant to an IEP;	57846

(b) One-half of the district's students who are enrolled in	57847
all-day or any other kindergarten class in that community school	57848
and who are not receiving special education and related services	57849
pursuant to an IEP;	57850

(c) One-half of the district's students who are enrolled in	57851
all-day kindergarten in that community school and who are not	57852
receiving special education and related services pursuant to an	57853
IEP.	57854

The district's per pupil amount of aid under division (E) of	57855
section 3317.029 of the Revised Code shall be determined as	57856
described in division (C)(5) of this section.	57857

(7) An amount equal to the sum of the amounts obtained when,	57858
for each school district where the community school's students are	57859
entitled to attend school, the number of that district's students	57860
enrolled in the community school who are identified as	57861
limited-English proficient is multiplied by the district's per	57862
pupil amount received under division (F) of section 3317.029 of	57863
the Revised Code, as adjusted by any poverty-based assistance	57864
reduction factor of the community school.	57865

(8) An amount equal to the sum of the amounts obtained when,	57866
for each school district where the community school's students are	57867
entitled to attend school, the district's per pupil amount	57868
received under division (G) of section 3317.029 of the Revised	57869
Code, as adjusted by any poverty-based assistance reduction factor	57870
of the community school, is multiplied by the sum of the	57871
following:	57872

(a) The number of the district's students enrolled in grades	57873
one through twelve in that community school;	57874

(b) One-half of the number of the district's students	57875
enrolled in kindergarten in that community school.	57876

The district's per pupil amount under division (G) of section	57877
3317.029 of the Revised Code shall be determined as described in	57878
division (C)(7) of this section.	57879

(9) An amount equal to the sum of the amounts obtained when,	57880
for each school district where the community school's students are	57881
entitled to attend school, the district's per pupil amount	57882
received under divisions (H) and (I) of section 3317.029 of the	57883
Revised Code, as adjusted by any poverty-based assistance	57884
reduction factor of the community school, is multiplied by the sum	57885
of the following:	57886

(a) The number of the district's students enrolled in grades	57887
one through twelve in that community school;	57888

(b) One-half of the number of the district's students	57889
enrolled in kindergarten in that community school.	57890

The district's per pupil amount under divisions (H) and (I)	57891
of section 3317.029 of the Revised Code shall be determined as	57892
described in division (C)(8) of this section.	57893

(10) An amount equal to the sum of the amounts obtained when,	57894
for each school district where the community school's students are	57895
entitled to attend school, the district's per pupil amount of	57896
state parity aid funding calculated under either division (C) or	57897
(D) of section 3317.0217 of the Revised Code is multiplied by the	57898
sum of the number of that district's students enrolled in grades	57899
one through twelve, and one-half of the number of that district's	57900
students enrolled in kindergarten, in the community school as	57901
reported under ~~division~~divisions (B)(2)(a) and (b) of this	57902
section.	57903

(E)(1) If a community school's costs for a fiscal year for a	57904
student receiving special education and related services pursuant	57905
to an IEP for a disability described in divisions (B) to (F) of	57906
section 3317.013 of the Revised Code exceed the threshold	57907
catastrophic cost for serving the student as specified in division	57908
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	57909
submit to the superintendent of public instruction documentation,	57910
as prescribed by the superintendent, of all its costs for that	57911
student. Upon submission of documentation for a student of the	57912
type and in the manner prescribed, the department shall pay to the	57913
community school an amount equal to the school's costs for the	57914
student in excess of the threshold catastrophic costs.	57915

(2) The community school shall only report under division	57916
(E)(1) of this section, and the department shall only pay for, the	57917
costs of educational expenses and the related services provided to	57918
the student in accordance with the student's individualized	57919
education program. Any legal fees, court costs, or other costs	57920
associated with any cause of action relating to the student may	57921
not be included in the amount.	57922

(F) A community school may apply to the department of	57923
education for preschool children with disabilities ~~or gifted~~ unit	57924
funding the school would receive if it were a school district.	57925
Upon request of its governing authority, a community school that	57926
received such unit funding as a school district-operated school	57927
before it became a community school shall retain any units awarded	57928
to it as a school district-operated school provided the school	57929
continues to meet eligibility standards for the unit.	57930

A community school shall be considered a school district and	57931
its governing authority shall be considered a board of education	57932
for the purpose of applying to any state or federal agency for	57933
grants that a school district may receive under federal or state	57934
law or any appropriations act of the general assembly. The	57935
governing authority of a community school may apply to any private	57936
entity for additional funds.	57937

(G) A board of education sponsoring a community school may	57938
utilize local funds to make enhancement grants to the school or	57939
may agree, either as part of the contract or separately, to	57940
provide any specific services to the community school at no cost	57941
to the school.	57942

(H) A community school may not levy taxes or issue bonds	57943
secured by tax revenues.	57944

(I) No community school shall charge tuition for the	57945
enrollment of any student.	57946

(J)(1)(a) A community school may borrow money to pay any	57947
necessary and actual expenses of the school in anticipation of the	57948
receipt of any portion of the payments to be received by the	57949
school pursuant to division (D) of this section. The school may	57950
issue notes to evidence such borrowing. The proceeds of the notes	57951
shall be used only for the purposes for which the anticipated	57952
receipts may be lawfully expended by the school.	57953

(b) A school may also borrow money for a term not to exceed	57954
fifteen years for the purpose of acquiring facilities.	57955

(2) Except for any amount guaranteed under section 3318.50 of	57956
the Revised Code, the state is not liable for debt incurred by the	57957
governing authority of a community school.	57958

(K) For purposes of determining the number of students for	57959
which divisions (D)(5) and (6) of this section applies in any	57960
school year, a community school may submit to the department of	57961
job and family services, no later than the first day of March, a	57962
list of the students enrolled in the school. For each student on	57963
the list, the community school shall indicate the student's name,	57964
address, and date of birth and the school district where the	57965
student is entitled to attend school. Upon receipt of a list under	57966
this division, the department of job and family services shall	57967
determine, for each school district where one or more students on	57968
the list is entitled to attend school, the number of students	57969
residing in that school district who were included in the	57970
department's report under section 3317.10 of the Revised Code. The	57971
department shall make this determination on the basis of	57972
information readily available to it. Upon making this	57973
determination and no later than ninety days after submission of	57974
the list by the community school, the department shall report to	57975
the state department of education the number of students on the	57976
list who reside in each school district who were included in the	57977
department's report under section 3317.10 of the Revised Code. In	57978
complying with this division, the department of job and family	57979
services shall not report to the state department of education any	57980
personally identifiable information on any student.	57981

(L) The department of education shall adjust the amounts	57982
subtracted and paid under divisions (C) and (D) of this section to	57983
reflect any enrollment of students in community schools for less	57984
than the equivalent of a full school year. The state board of	57985
education within ninety days after April 8, 2003, shall adopt in	57986
accordance with Chapter 119. of the Revised Code rules governing	57987
the payments to community schools under this section and section	57988
3314.13 of the Revised Code including initial payments in a school	57989
year and adjustments and reductions made in subsequent periodic	57990
payments to community schools and corresponding deductions from	57991
school district accounts as provided under divisions (C) and (D)	57992
of this section and section 3314.13 of the Revised Code. For	57993
purposes of this section and section 3314.13 of the Revised Code:	57994

(1) A student shall be considered enrolled in the community	57995
school for any portion of the school year the student is	57996
participating at a college under Chapter 3365. of the Revised	57997
Code.	57998

(2) A student shall be considered to be enrolled in a	57999
community school ~~during a school year~~ for the period of time	58000
beginning on the later of the date on which the school both has	58001
received documentation of the student's enrollment from a parent	58002
and the student has commenced participation in learning	58003
opportunities as defined in the contract with the sponsor, or	58004
thirty days prior to the date on which the student is entered into	58005
the education management information system established under	58006
section 3301.0714 of the Revised Code. For purposes of applying	58007
this division and divisions (L)(3) and (4) of this section to a	58008
community school student, "learning opportunities" shall be	58009
defined in the contract, which shall describe both classroom-based	58010
and non-classroom-based learning opportunities and shall be in	58011
compliance with criteria and documentation requirements for	58012
student participation which shall be established by the	58013
department. Any student's instruction time in non-classroom-based	58014
learning opportunities shall be certified by an employee of the	58015
community school. A student's enrollment shall be considered to	58016
cease on the date on which any of the following occur:	58017

(a) The community school receives documentation from a parent	58018
terminating enrollment of the student.	58019

(b) The community school is provided documentation of a	58020
student's enrollment in another public or private school.	58021

(c) The community school ceases to offer learning	58022
opportunities to the student pursuant to the terms of the contract	58023
with the sponsor or the operation of any provision of this	58024
chapter.	58025

(3) The department shall determine each community school	58026
student's percentage of full-time equivalency based on the	58027
percentage of learning opportunities offered by the community	58028
school to that student, reported either as number of hours or	58029
number of days, is of the total learning opportunities offered by	58030
the community school to a student who attends for the school's	58031
entire school year. However, no internet- or computer-based	58032
community school shall be credited for any time a student spends	58033
participating in learning opportunities beyond ten hours within	58034
any period of twenty-four consecutive hours. Whether it reports	58035
hours or days of learning opportunities, each community school	58036
shall offer not less than nine hundred twenty hours of learning	58037
opportunities during the school year.	58038

(4) With respect to the calculation of full-time equivalency	58039
under division (L)(3) of this section, the department shall waive	58040
the number of hours or days of learning opportunities not offered	58041
to a student because the community school was closed during the	58042
school year due to disease epidemic, hazardous weather conditions,	58043
inoperability of school buses or other equipment necessary to the	58044
school's operation, damage to a school building, or other	58045
temporary circumstances due to utility failure rendering the	58046
school building unfit for school use, so long as the school was	58047
actually open for instruction with students in attendance during	58048
that school year for not less than the minimum number of hours	58049
required by this chapter. The department shall treat the school as	58050
if it were open for instruction with students in attendance during	58051
the hours or days waived under this division.	58052

(M) The department of education shall reduce the amounts paid	58053
under division (D) of this section to reflect payments made to	58054
colleges under division (B) of section 3365.07 of the Revised Code	58055
or through alternative funding agreements entered into under rules	58056
adopted under section 3365.12 of the Revised Code.	58057

(N)(1) No student shall be considered enrolled in any	58058
internet- or computer-based community school or, if applicable to	58059
the student, in any community school that is required to provide	58060
the student with a computer pursuant to division (C) of section	58061
3314.22 of the Revised Code, unless both of the following	58062
conditions are satisfied:	58063

(a) The student possesses or has been provided with all	58064
required hardware and software materials and all such materials	58065
are operational so that the student is capable of fully	58066
participating in the learning opportunities specified in the	58067
contract between the school and the school's sponsor as required	58068
by division (A)(23) of section 3314.03 of the Revised Code;	58069

(b) The school is in compliance with division (A) of section	58070
3314.22 of the Revised Code, relative to such student.	58071

(2) In accordance with policies adopted jointly by the	58072
superintendent of public instruction and the auditor of state, the	58073
department shall reduce the amounts otherwise payable under	58074
division (D) of this section to any community school that includes	58075
in its program the provision of computer hardware and software	58076
materials to any student, if such hardware and software materials	58077
have not been delivered, installed, and activated for each such	58078
student in a timely manner or other educational materials or	58079
services have not been provided according to the contract between	58080
the individual community school and its sponsor.	58081

The superintendent of public instruction and the auditor of	58082
state shall jointly establish a method for auditing any community	58083
school to which this division pertains to ensure compliance with	58084
this section.	58085

The superintendent, auditor of state, and the governor shall	58086
jointly make recommendations to the general assembly for	58087
legislative changes that may be required to assure fiscal and	58088
academic accountability for such schools.	58089

(O)(1) If the department determines that a review of a	58090
community school's enrollment is necessary, such review shall be	58091
completed and written notice of the findings shall be provided to	58092
the governing authority of the community school and its sponsor	58093
within ninety days of the end of the community school's fiscal	58094
year, unless extended for a period not to exceed thirty additional	58095
days for one of the following reasons:	58096

(a) The department and the community school mutually agree to	58097
the extension.	58098

(b) Delays in data submission caused by either a community	58099
school or its sponsor.	58100

(2) If the review results in a finding that additional	58101
funding is owed to the school, such payment shall be made within	58102
thirty days of the written notice. If the review results in a	58103
finding that the community school owes moneys to the state, the	58104
following procedure shall apply:	58105

(a) Within ten business days of the receipt of the notice of	58106
findings, the community school may appeal the department's	58107
determination to the state board of education or its designee.	58108

(b) The board or its designee shall conduct an informal	58109
hearing on the matter within thirty days of receipt of such an	58110
appeal and shall issue a decision within fifteen days of the	58111
conclusion of the hearing.	58112

(c) If the board has enlisted a designee to conduct the	58113
hearing, the designee shall certify its decision to the board. The	58114
board may accept the decision of the designee or may reject the	58115
decision of the designee and issue its own decision on the matter.	58116

(d) Any decision made by the board under this division is	58117
final.	58118

(3) If it is decided that the community school owes moneys to	58119
the state, the department shall deduct such amount from the	58120
school's future payments in accordance with guidelines issued by	58121
the superintendent of public instruction.	58122

(P) The department shall not subtract from a school	58123
district's state aid account under division (C) of this section	58124
and shall not pay to a community school under division (D) of this	58125
section any amount for any of the following:	58126

(1) Any student who has graduated from the twelfth grade of a	58127
public or nonpublic high school;	58128

(2) Any student who is not a resident of the state;

58129

(3) Any student who was enrolled in the community school	58130
during the previous school year when assessments were administered	58131
under section 3301.0711 of the Revised Code but did not take one	58132
or more of the assessments required by that section and was not	58133
excused pursuant to division (C)(1) or (3) of that section, unless	58134
the superintendent of public instruction grants the student a	58135
waiver from the requirement to take the assessment and a parent is	58136
not paying tuition for the student pursuant to section 3314.26 of	58137
the Revised Code. The superintendent may grant a waiver only for	58138
good cause in accordance with rules adopted by the state board of	58139
education.	58140

(4) Any student who has attained the age of twenty-two years,	58141
except for veterans of the armed services whose attendance was	58142
interrupted before completing the recognized twelve-year course of	58143
the public schools by reason of induction or enlistment in the	58144
armed forces and who apply for enrollment in a community school	58145
not later than four years after termination of war or their	58146
honorable discharge. If, however, any such veteran elects to	58147
enroll in special courses organized for veterans for whom tuition	58148
is paid under federal law, or otherwise, the department shall not	58149
subtract from a school district's state aid account under division	58150
(C) of this section and shall not pay to a community school under	58151
division (D) of this section any amount for that veteran.	58152

Sec. 3314.087. (A) As used in this section:

58153

(1) "Career-technical program" means vocational programs or	58154
classes described in division (A) or (B) of section 3317.014 of	58155
the Revised Code in which a student is enrolled.	58156

(2) "Formula ADM," "category one or two vocational education	58157
ADM," and "FTE basis" have the same meanings as in section 3317.02	58158
of the Revised Code.	58159

(3) "Resident school district" means the city, exempted	58160
village, or local school district in which a student is entitled	58161
to attend school under section 3313.64 or 3313.65 of the Revised	58162
Code.	58163

(B) Notwithstanding anything to the contrary in this chapter	58164
or Chapter ~~3306. or~~ 3317. of the Revised Code, a student enrolled	58165
in a community school may simultaneously enroll in the	58166
career-technical program operated by the student's resident school	58167
district. On an FTE basis, the student's resident school district	58168
shall count the student in the category one or two vocational	58169
education ADM for the proportion of the time the student is	58170
enrolled in the district's career-technical program and,	58171
accordingly, the department of education shall calculate funds	58172
under ~~Chapters 3306. and~~Chapter 3317. for the district	58173
attributable to the student for the proportion of time the student	58174
attends the career-technical program. The community school shall	58175
count the student in its enrollment report under section 3314.08	58176
of the Revised Code and shall report to the department the	58177
proportion of time that the student attends classes at the	58178
community school. The department shall pay the community school	58179
and deduct from the student's resident school district the amount	58180
computed for the student under section 3314.08 of the Revised Code	58181
in proportion to the fraction of the time on an FTE basis that the	58182
student attends classes at the community school. "Full-time	58183
equivalency" for a community school student, as defined in	58184
division (L) of section 3314.08 of the Revised Code, does not	58185
apply to the student.	58186

Sec. 3314.088. ~~(A)~~ For purposes of applying sections 3314.08	58187
and 3314.13 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	58188
2013:	58189

~~(1)~~(A) The base formula amount for community schools for each	58190
of fiscal ~~year 2010 is $5,718 and for fiscal year 2011 is $5,703.~~	58191
~~These respective amounts~~years 2012 and 2013 is $5,653. That	58192
amount shall be applied wherein sections 3314.08 and 3314.13 of	58193
the Revised Code the base formula amount is specified, except for	58194
deducting and paying amounts for special education weighted	58195
funding and vocational education weighted funding.	58196

~~(2)~~(B) The base funding supplements under section 3317.012 of	58197
the Revised Code shall be deemed in each year to be the amounts	58198
specified in that section for fiscal year 2009. Accordingly, when	58199
computing the per-pupil base funding supplements for a community	58200
school under that section for fiscal years 2012 and 2013, the	58201
department of education shall substitute $5,732 for the "formula	58202
amount" as used in divisions (C)(2), (3), and (4) of that section.	58203

~~(3)~~(C) Special education additional weighted funding shall be	58204
calculated by first grouping children with disabilities into the	58205
appropriate disability categories prescribed by section 3317.013	58206
of the Revised Code as amended by H.B. 153 of the 129th general	58207
assembly, and then by multiplying the ~~applicable weight~~respective	58208
multiple specified for fiscal year 2009 in that section ~~3317.013~~	58209
~~of the Revised Code~~, as it existed for that fiscal year ~~2009~~,	58210
times $5,732.	58211

~~(4)~~(D) Vocational education additional weighted funding shall	58212
be calculated by multiplying the applicable weight specified in	58213
section 3317.014 of the Revised Code for fiscal year 2009 times	58214
$5,732.	58215

~~(5)~~(E) The per pupil amounts paid to a school district under	58216
sections 3317.029 and 3317.0217 of the Revised Code shall be	58217
deemed to be the respective per pupil amounts paid under those	58218
sections to that district for fiscal year 2009.	58219

~~(6)~~(F) A community school may receive all-day kindergarten	58220
payments under section 3314.13 of the Revised Code only for	58221
all-day kindergarten students who are entitled to attend school in	58222
school districts that, for fiscal year 2009, met the eligibility	58223
requirements of division (D) of section 3317.029 of the Revised	58224
Code. For students entitled to attend school in such school	58225
districts that actually received payment for all-day kindergarten	58226
for fiscal year 2009, the payments to community schools under	58227
section 3314.13 of the Revised Code shall be deducted from the	58228
school district's state education aid. For students entitled to	58229
attend school in such school districts that did not receive	58230
payment for all-day kindergarten for fiscal year 2009, the	58231
payments to community schools under section 3314.13 of the Revised	58232
Code shall be paid out of the funds appropriated under	58233
appropriation item 200550, foundation funding~~, as appropriated in~~	58234
~~section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly~~.	58235
As used in this division, "entitled to attend school" has the same	58236
meaning as in section 3314.08 of the Revised Code.	58237

~~(B) For purposes of applying section 3314.085 of the Revised~~	58238
~~Code to fiscal years 2010 and 2011, the minimum per pupil~~	58239
~~expenditure required for pupil instruction under that section is~~	58240
~~$2,931, which equals the minimum amount required by that section~~	58241
~~for fiscal year 2009.~~	58242

Sec. 3314.091. (A) A school district is not required to	58243
provide transportation for any native student enrolled in a	58244
community school if the district board of education has entered	58245
into an agreement with the community school's governing authority	58246
that designates the community school as responsible for providing	58247
or arranging for the transportation of the district's native	58248
students to and from the community school. For any such agreement	58249
to be effective, it must be certified by the superintendent of	58250
public instruction as having met all of the following	58251
requirements:	58252

(1) It is submitted to the department of education by a	58253
deadline which shall be established by the department.	58254

(2) In accordance with divisions (C)(1) and (2) of this	58255
section, it specifies qualifications, such as residing a minimum	58256
distance from the school, for students to have their	58257
transportation provided or arranged.	58258

(3) The transportation provided by the community school is	58259
subject to all provisions of the Revised Code and all rules	58260
adopted under the Revised Code pertaining to pupil transportation.	58261

(4) The sponsor of the community school also has signed the	58262
agreement.	58263

(B)(1) For the school year that begins on July 1, 2007, a	58264
school district is not required to provide transportation for any	58265
native student enrolled in a community school, if the community	58266
school during the previous school year transported the students	58267
enrolled in the school or arranged for the students'	58268
transportation, even if that arrangement consisted of having	58269
parents transport their children to and from the school, but did	58270
not enter into an agreement to transport or arrange for	58271
transportation for those students under division (A) of this	58272
section, and if the governing authority of the community school by	58273
July 15, 2007, submits written notification to the district board	58274
of education stating that the governing authority is accepting	58275
responsibility for providing or arranging for the transportation	58276
of the district's native students to and from the community	58277
school.	58278

(2) For any school year subsequent to the school year that	58279
begins on July 1, 2007, a school district is not required to	58280
provide transportation for any native student enrolled in a	58281
community school if the governing authority of the community	58282
school, by the thirty-first day of January of the previous school	58283
year, submits written notification to the district board of	58284
education stating that the governing authority is accepting	58285
responsibility for providing or arranging for the transportation	58286
of the district's native students to and from the community	58287
school. If the governing authority of the community school has	58288
previously accepted responsibility for providing or arranging for	58289
the transportation of a district's native students to and from the	58290
community school, under division (B)(1) or (2) of this section,	58291
and has since relinquished that responsibility under division	58292
(B)(3) of this section, the governing authority shall not accept	58293
that responsibility again unless the district board consents to	58294
the governing authority's acceptance of that responsibility.	58295

(3) A governing authority's acceptance of responsibility	58296
under division (B)(1) or (2) of this section shall cover an entire	58297
school year, and shall remain in effect for subsequent school	58298
years unless the governing authority submits written notification	58299
to the district board that the governing authority is	58300
relinquishing the responsibility. However, a governing authority	58301
shall not relinquish responsibility for transportation before the	58302
end of a school year, and shall submit the notice relinquishing	58303
responsibility by the thirty-first day of January, in order to	58304
allow the school district reasonable time to prepare	58305
transportation for its native students enrolled in the school.	58306

(C)(1) A community school governing authority that enters	58307
into an agreement under division (A) of this section, or that	58308
accepts responsibility under division (B) of this section, shall	58309
provide or arrange transportation free of any charge for each of	58310
its enrolled students who is required to be transported under	58311
section 3327.01 of the Revised Code or who would otherwise be	58312
transported by the school district under the district's	58313
transportation policy. The governing authority shall report to the	58314
department of education the number of students transported or for	58315
whom transportation is arranged under this section in accordance	58316
with rules adopted by the state board of education.	58317

(2) The governing authority may provide or arrange	58318
transportation for any other enrolled student who is not eligible	58319
for transportation in accordance with division (C)(1) of this	58320
section and may charge a fee for such service up to the actual	58321
cost of the service.	58322

(3) Notwithstanding anything to the contrary in division	58323
(C)(1) or (2) of this section, a community school governing	58324
authority shall provide or arrange transportation free of any	58325
charge for any disabled student enrolled in the school for whom	58326
the student's individualized education program developed under	58327
Chapter 3323. of the Revised Code specifies transportation.	58328

(D)(1) If a school district board and a community school	58329
governing authority elect to enter into an agreement under	58330
division (A) of this section, the department of education shall	58331
make payments to the community school according to the terms of	58332
the agreement for each student actually transported under division	58333
(C)(1) of this section.	58334

If a community school governing authority accepts	58335
transportation responsibility under division (B) of this section,	58336
the department shall make payments to the community school for	58337
each student actually transported or for whom transportation is	58338
arranged by the community school under division (C)(1) of this	58339
section, calculated as follows:	58340

(a) For any fiscal year which the general assembly has	58341
specified that transportation payments to school districts be	58342
based on an across-the-board percentage of the district's payment	58343
for the previous school year, the per pupil payment to the	58344
community school shall be the following quotient:	58345

(i) The total amount calculated for the school district in	58346
which the child is entitled to attend school for student	58347
transportation other than transportation of children with	58348
disabilities; divided by	58349

(ii) The number of students included in the district's	58350
transportation ADM for the current fiscal year, as reported under	58351
division (B)(13) of section 3317.03 of the Revised Code, plus the	58352
number of students enrolled in the community school not counted in	58353
the district's transportation ADM who are transported under	58354
division (B)(1) or (2) of this section.	58355

(b) For any fiscal year which the general assembly has	58356
specified that the transportation payments to school districts be	58357
calculated in accordance with section ~~3306.12~~3317.0212 of the	58358
Revised Code and any rules of the state board of education	58359
implementing that section, the payment to the community school	58360
shall be the amount so calculated that otherwise would be paid to	58361
the school district in which the student is entitled to attend	58362
school by the method of transportation the district would have	58363
used. The community school, however, is not required to use the	58364
same method to transport that student.	58365

(c) Divisions (D)(1)(a) and (b) of this section do not apply	58366
to fiscal years 2012 and 2013. Rather, for each of those fiscal	58367
years, the per pupil payment to a community school for	58368
transporting a student shall be the total amount paid under former	58369
section 3306.12 of the Revised Code for fiscal year 2011 to the	58370
school district in which the child is entitled to attend school	58371
divided by that district's "qualifying ridership," as defined in	58372
that section for fiscal year 2011.	58373

As used in this division "entitled to attend school" means	58374
entitled to attend school under section 3313.64 or 3313.65 of the	58375
Revised Code.	58376

(2) The department shall deduct the payment under division	58377
(D)(1) of this section from the state education aid, as defined in	58378
section 3314.08 of the Revised Code, and, if necessary, the	58379
payment under sections 321.14 and 323.156 of the Revised Code,	58380
that is otherwise paid to the school district in which the student	58381
enrolled in the community school is entitled to attend school. The	58382
department shall include the number of the district's native	58383
students for whom payment is made to a community school under	58384
division (D)(1) of this section in the calculation of the	58385
district's transportation payment under section ~~3306.12~~3317.0212	58386
of the Revised Code and the operating appropriations act.	58387

(3) A community school shall be paid under division (D)(1) of	58388
this section only for students who are eligible as specified in	58389
section 3327.01 of the Revised Code and division (C)(1) of this	58390
section, and whose transportation to and from school is actually	58391
provided, who actually utilized transportation arranged, or for	58392
whom a payment in lieu of transportation is made by the community	58393
school's governing authority. To qualify for the payments, the	58394
community school shall report to the department, in the form and	58395
manner required by the department, data on the number of students	58396
transported or whose transportation is arranged, the number of	58397
miles traveled, cost to transport, and any other information	58398
requested by the department.	58399

(4) A community school shall use payments received under this	58400
section solely to pay the costs of providing or arranging for the	58401
transportation of students who are eligible as specified in	58402
section 3327.01 of the Revised Code and division (C)(1) of this	58403
section, which may include payments to a parent, guardian, or	58404
other person in charge of a child in lieu of transportation.	58405

(E) Except when arranged through payment to a parent,	58406
guardian, or person in charge of a child, transportation provided	58407
or arranged for by a community school pursuant to an agreement	58408
under this section is subject to all provisions of the Revised	58409
Code, and all rules adopted under the Revised Code, pertaining to	58410
the construction, design, equipment, and operation of school buses	58411
and other vehicles transporting students to and from school. The	58412
drivers and mechanics of the vehicles are subject to all	58413
provisions of the Revised Code, and all rules adopted under the	58414
Revised Code, pertaining to drivers and mechanics of such	58415
vehicles. The community school also shall comply with sections	58416
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)	58417
of section 3327.16 of the Revised Code and, subject to division	58418
(C)(1) of this section, sections 3327.01 and 3327.02 of the	58419
Revised Code, as if it were a school district.	58420

Sec. 3314.10. (A)(1) The governing authority of any	58421
community school established under this chapter may employ	58422
teachers and nonteaching employees necessary to carry out its	58423
mission and fulfill its contract.	58424

(2) Except as provided under division (A)(3) of this section,	58425
employees hired under this section may organize and collectively	58426
bargain pursuant to Chapter 4117. of the Revised Code.	58427
Notwithstanding division (D)(1) of section 4117.06 of the Revised	58428
Code, a unit containing teaching and nonteaching employees	58429
employed under this section shall be considered an appropriate	58430
unit. As applicable, employment under this section is subject to	58431
either Chapter 3307. or 3309. of the Revised Code.	58432

(3) If a school is created by converting all or part of an	58433
existing public school rather than by establishment of a new	58434
start-up school, at the time of conversion, the employees of the	58435
governing authority community school shall remain part of any	58436
collective bargaining unit in which they were included immediately	58437
prior to the conversion and shall remain subject to any collective	58438
bargaining agreement for that unit in effect on the first day of	58439
July of the year in which the community school initially begins	58440
operation and shall be subject to any subsequent collective	58441
bargaining agreement for that unit, unless a petition is certified	58442
as sufficient under division (A)(6) of this section with regard to	58443
those employees. Any new employees of the community school	58444
governing authority shall also be included in the unit to which	58445
they would have been assigned had not the conversion taken place	58446
and shall be subject to the collective bargaining agreement for	58447
that unit unless a petition is certified as sufficient under	58448
division (A)(6) of this section with regard to those employees.	58449

Notwithstanding division (B) of section 4117.01 of the	58450
Revised Code, the board of education of a school district and not	58451
the governing authority of a community school shall be regarded,	58452
for purposes of Chapter 4117. of the Revised Code, as the "public	58453
employer" of the employees of a conversion community school	58454
subject to a collective bargaining agreement pursuant to division	58455
(A)(3) of this section unless a petition is certified under	58456
division (A)(6) of this section with regard to those employees.	58457
Only on and after the effective date of a petition certified as	58458
sufficient under division (A)(6) of this section shall division	58459
(A)(2) of this section apply to those employees of that community	58460
school and only on and after the effective date of that petition	58461
shall Chapter 4117. of the Revised Code apply to the governing	58462
authority of that community school with regard to those employees.	58463

(4) Notwithstanding sections 4117.03 to 4117.18 of the	58464
Revised Code and Section 4 of Amended Substitute Senate Bill No.	58465
133 of the 115th general assembly, the employees of a conversion	58466
community school who are subject to a collective bargaining	58467
agreement pursuant to division (A)(3) of this section shall cease	58468
to be subject to that agreement and all subsequent agreements	58469
pursuant to that division and shall cease to be part of the	58470
collective bargaining unit that is subject to that and all	58471
subsequent agreements, if a majority of the employees of that	58472
community school who are subject to that collective bargaining	58473
agreement sign and submit to the state employment relations board	58474
a petition requesting all of the following:	58475

(a) That all the employees of the community school who are	58476
subject to that agreement be removed from the bargaining unit that	58477
is subject to that agreement and be designated by the state	58478
employment relations board as a new and separate bargaining unit	58479
for purposes of Chapter 4117. of the Revised Code;	58480

(b) That the employee organization certified as the exclusive	58481
representative of the employees of the bargaining unit from which	58482
the employees are to be removed be certified as the exclusive	58483
representative of the new and separate bargaining unit for	58484
purposes of Chapter 4117. of the Revised Code;	58485

(c) That the governing authority of the community school be	58486
regarded as the "public employer" of these employees for purposes	58487
of Chapter 4117. of the Revised Code.	58488

(5) Notwithstanding sections 4117.03 to 4117.18 of the	58489
Revised Code and Section 4 of Amended Substitute Senate Bill No.	58490
133 of the 115th general assembly, the employees of a conversion	58491
community school who are subject to a collective bargaining	58492
agreement pursuant to division (A)(3) of this section shall cease	58493
to be subject to that agreement and all subsequent agreements	58494
pursuant to that division, shall cease to be part of the	58495
collective bargaining unit that is subject to that and all	58496
subsequent agreements, and shall cease to be represented by any	58497
exclusive representative of that collective bargaining unit, if a	58498
majority of the employees of the community school who are subject	58499
to that collective bargaining agreement sign and submit to the	58500
state employment relations board a petition requesting all of the	58501
following:	58502

(a) That all the employees of the community school who are	58503
subject to that agreement be removed from the bargaining unit that	58504
is subject to that agreement;	58505

(b) That any employee organization certified as the exclusive	58506
representative of the employees of that bargaining unit be	58507
decertified as the exclusive representative of the employees of	58508
the community school who are subject to that agreement;	58509

(c) That the governing authority of the community school be	58510
regarded as the "public employer" of these employees for purposes	58511
of Chapter 4117. of the Revised Code.	58512

(6) Upon receipt of a petition under division (A)(4) or (5)	58513
of this section, the state employment relations board shall check	58514
the sufficiency of the signatures on the petition. If the	58515
signatures are found sufficient, the board shall certify the	58516
sufficiency of the petition and so notify the parties involved,	58517
including the board of education, the governing authority of the	58518
community school, and any exclusive representative of the	58519
bargaining unit. The changes requested in a certified petition	58520
shall take effect on the first day of the month immediately	58521
following the date on which the sufficiency of the petition is	58522
certified under division (A)(6) of this section.	58523

(B)(1) The board of education of each city, local, and	58524
exempted village school district sponsoring a community school and	58525
the governing board of each educational service center in which a	58526
community school is located shall adopt a policy that provides a	58527
leave of absence of at least three years to each teacher or	58528
nonteaching employee of the district or service center who is	58529
employed by a conversion or new start-up community school	58530
sponsored by the district or located in the district or center for	58531
the period during which the teacher or employee is continuously	58532
employed by the community school. The policy shall also provide	58533
that any teacher or nonteaching employee may return to employment	58534
by the district or service center if the teacher or employee	58535
leaves or is discharged from employment with the community school	58536
for any reason, unless, in the case of a teacher, the board of the	58537
district or service center determines that the teacher was	58538
discharged for a reason for which the board would have sought to	58539
discharge the teacher under section 3319.16 of the Revised Code,	58540
in which case the board may proceed to discharge the teacher	58541
utilizing the procedures of that section. Upon termination of such	58542
a leave of absence, any seniority that is applicable to the person	58543
shall be calculated to include all of the following: all	58544
employment by the district or service center prior to the leave of	58545
absence; all employment by the community school during the leave	58546
of absence; and all employment by the district or service center	58547
after the leave of absence. The policy shall also provide that if	58548
any teacher holding valid certification returns to employment by	58549
the district or service center upon termination of such a leave of	58550
absence, the teacher shall be restored to the previous position	58551
and salary or to a position and salary similar thereto. If, as a	58552
result of teachers returning to employment upon termination of	58553
such leaves of absence, a school district or educational service	58554
center reduces the number of teachers it employs, it shall make	58555
such reductions in accordance with section ~~3319.17 or, if~~	58556
~~applicable,~~ 3319.171 of the Revised Code.	58557

Unless a collective bargaining agreement providing otherwise	58558
is in effect for an employee of a conversion community school	58559
pursuant to division (A)(3) of this section, an employee on a	58560
leave of absence pursuant to this division shall remain eligible	58561
for any benefits that are in addition to benefits under Chapter	58562
3307. or 3309. of the Revised Code provided by the district or	58563
service center to its employees provided the employee pays the	58564
entire cost associated with such benefits, except that personal	58565
leave and vacation leave cannot be accrued for use as an employee	58566
of a school district or service center while in the employ of a	58567
community school unless the district or service center board	58568
adopts a policy expressly permitting this accrual.	58569

(2) While on a leave of absence pursuant to division (B)(1)	58570
of this section, a conversion community school shall permit a	58571
teacher to use sick leave accrued while in the employ of the	58572
school district from which the leave of absence was taken and	58573
prior to commencing such leave. If a teacher who is on such a	58574
leave of absence uses sick leave so accrued, the cost of any	58575
salary paid by the community school to the teacher for that time	58576
shall be reported to the department of education. The cost of	58577
employing a substitute teacher for that time shall be paid by the	58578
community school. The department of education shall add amounts to	58579
the payments made to a community school under this chapter as	58580
necessary to cover the cost of salary reported by a community	58581
school as paid to a teacher using sick leave so accrued pursuant	58582
to this section. The department shall subtract the amounts of any	58583
payments made to community schools under this division from	58584
payments made to such sponsoring school district under ~~Chapters~~	58585
~~3306. and~~Chapter 3317. of the Revised Code.	58586

A school district providing a leave of absence and employee	58587
benefits to a person pursuant to this division is not liable for	58588
any action of that person while the person is on such leave and	58589
employed by a community school.	58590

Sec. 3314.13. Payments and deductions under this section for	58591
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	58592
with section 3314.088 of the Revised Code.	58593

(A) As used in this section:

58594

(1) "All-day kindergarten" has the same meaning as in section	58595
3317.029 of the Revised Code.	58596

(2) "Formula amount" has the same meaning as in section	58597
3317.02 of the Revised Code.	58598

(B) Except as provided in division (C) of this section, the	58599
department of education annually shall pay each community school	58600
established under this chapter one-half of the formula amount for	58601
each student to whom both of the following apply:	58602

(1) The student is entitled to attend school under section	58603
3313.64 or 3313.65 of the Revised Code in a school district that	58604
is eligible to receive a payment under division (D) of section	58605
3317.029 of the Revised Code if it provides all-day kindergarten;	58606

(2) The student is reported by the community school as	58607
enrolled in all-day kindergarten at the community school.	58608

(C) The department shall make no payments under this section	58609
to any internet- or computer-based community school.	58610

(D) If a student for whom payment is made under division (B)	58611
of this section is entitled to attend school in a district that	58612
receives any payment for all-day kindergarten under division (D)	58613
of section 3317.029 of the Revised Code, the department shall	58614
deduct the payment to the community school under this section from	58615
the amount paid that school district under that division. If that	58616
school district does not receive payment for all-day kindergarten	58617
under that division because it does not provide all-day	58618
kindergarten, the department shall pay the community school from	58619
state funds appropriated generally for poverty-based assistance to	58620
school districts.	58621

(E) The department shall adjust the amounts deducted from	58622
school districts and paid to community schools under this section	58623
to reflect any enrollments of students in all-day kindergarten in	58624
community schools for less than the equivalent of a full school	58625
year.	58626

Sec. 3314.19. The sponsor of each community school annually	58627
shall provide the following assurances in writing to the	58628
department of education not later than ten business days prior to	58629
the opening of the school:	58630

(A) That a current copy of the contract between the sponsor	58631
and the governing authority of the school entered into under	58632
section 3314.03 of the Revised Code has been filed with the ~~state~~	58633
~~office of community schools established under section 3314.11 of~~	58634
~~the Revised Code~~department and that any subsequent modifications	58635
to that contract will be filed with the ~~office~~department;	58636

(B) That the school has submitted to the sponsor a plan for	58637
providing special education and related services to students with	58638
disabilities and has demonstrated the capacity to provide those	58639
services in accordance with Chapter 3323. of the Revised Code and	58640
federal law;	58641

(C) That the school has a plan and procedures for	58642
administering the achievement and diagnostic assessments	58643
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the	58644
Revised Code;	58645

(D) That school personnel have the necessary training,	58646
knowledge, and resources to properly use and submit information to	58647
all databases maintained by the department for the collection of	58648
education data, including the education management information	58649
system established under section 3301.0714 of the Revised Code in	58650
accordance with methods and timelines established under section	58651
3314.17 of the Revised Code;	58652

(E) That all required information about the school has been	58653
submitted to the Ohio education directory system or any successor	58654
system;	58655

(F) That the school will enroll at least the minimum number	58656
of students required by division (A)(11)(a) of section 3314.03 of	58657
the Revised Code in the school year for which the assurances are	58658
provided;	58659

(G) That all classroom teachers are licensed in accordance	58660
with sections 3319.22 to 3319.31 of the Revised Code, except for	58661
noncertificated persons engaged to teach up to twelve hours per	58662
week pursuant to section 3319.301 of the Revised Code;	58663

(H) That the school's fiscal officer is in compliance with	58664
section 3314.011 of the Revised Code;	58665

(I) That the school has complied with sections 3319.39 and	58666
3319.391 of the Revised Code with respect to all employees and	58667
that the school has conducted a criminal records check of each of	58668
its governing authority members;	58669

(J) That the school holds all of the following:

58670

(1) Proof of property ownership or a lease for the facilities	58671
used by the school;	58672

(2) A certificate of occupancy;

58673

(3) Liability insurance for the school, as required by	58674
division (A)(11)(b) of section 3314.03 of the Revised Code, that	58675
the sponsor considers sufficient to indemnify the school's	58676
facilities, staff, and governing authority against risk;	58677

(4) A satisfactory health and safety inspection;

58678

(5) A satisfactory fire inspection;

58679

(6) A valid food permit, if applicable.

58680

(K) That the sponsor has conducted a pre-opening site visit	58681
to the school for the school year for which the assurances are	58682
provided;	58683

(L) That the school has designated a date it will open for	58684
the school year for which the assurances are provided that is in	58685
compliance with division (A)(25) of section 3314.03 of the Revised	58686
Code;	58687

(M) That the school has met all of the sponsor's requirements	58688
for opening and any other requirements of the sponsor.	58689

Sec. 3314.22. (A)(1) Each child enrolled in an internet- or	58690
computer-based community school is entitled to a computer supplied	58691
by the school; however, the parent of any child enrolled in the	58692
school may waive this entitlement in the manner specified in	58693
division (A)(3) of this section. In no case shall an internet- or	58694
computer-based community school provide a stipend or other	58695
substitute to an enrolled child or the child's parent in lieu of	58696
supplying a computer to the child. The prohibition contained in	58697
the preceding sentence is intended to clarify the meaning of this	58698
division as it existed prior to September 29, 2005, and is not	58699
intended to change that meaning in any way.	58700

(2) Notwithstanding division (A)(1) of this section, if more	58701
than one child living in a single residence is enrolled in an	58702
internet- or computer-based community school, at the option of the	58703
parent of those children, the school may supply less than one	58704
computer per child, as long as at least one computer is supplied	58705
to the residence. An internet- or computer-based community school	58706
may supply no computer at all only if the parent has waived the	58707
entitlement prescribed in division (A)(1) of this section in the	58708
manner specified in division (A)(3) of this section. The parent	58709
may amend the decision to accept less than one computer per child	58710
anytime during the school year, and, in such case, within thirty	58711
days after the parent notifies the school of such amendment, the	58712
school shall provide any additiona1 computers requested by the	58713
parent up to the number necessary to comply with division (A)(1)	58714
of this section.	58715

(3) The parent of any child enrolled in an internet- or	58716
computer-based community school may waive the entitlement to one	58717
computer per child, and have no computer at all supplied by the	58718
school, if the school and parent set forth that waiver in writing	58719
with both parties attesting that there is a computer available to	58720
the child in the child's residence with sufficient hardware,	58721
software, programming, and connectivity so that the child may	58722
fully participate in all of the learning opportunities offered to	58723
the child by the school. The parent may amend the decision to	58724
waive the entitlement at any time during the school year and, in	58725
such case, within thirty days after the parent notifies the school	58726
of that decision, the school shall provide any additional	58727
computers requested by the parent up to the number necessary to	58728
comply with division (A)(1) of this section, regardless of whether	58729
there is any change in the conditions attested to in the waiver.	58730

(4) A copy of a waiver executed under division (A)(3) of this	58731
section shall be retained by the internet- or computer-based	58732
community school and the parent who attested to the conditions	58733
prescribed in that division. The school shall submit a copy of the	58734
waiver to the ~~office of community schools, established under~~	58735
~~section 3314.11 of the Revised Code,~~department of education	58736
immediately upon execution of the waiver.	58737

(5) The school shall notify the ~~office of community schools~~	58738
department of education, in the manner specified by the ~~office~~	58739
department, of any parent's decision under division (A)(2) of this	58740
section to accept less than one computer per child or the parent's	58741
amendment to that decision, and of any parent's decision to amend	58742
the waiver executed under division (A)(3) of this section.	58743

(B) Each internet- or computer-based community school shall	58744
provide to each parent who is considering enrolling the parent's	58745
child in the school and to the parent of each child already	58746
enrolled in the school a written notice of the provisions	58747
prescribed in division (A) of this section.	58748

(C) If a community school that is not an internet- or	58749
computer-based community school provides any of its enrolled	58750
students with nonclassroom-based learning opportunities provided	58751
via an internet- or other computer-based instructional method and	58752
requires such students to participate in any of those learning	58753
opportunities from their residences, the school shall be subject	58754
to this section and division (C)(1) of section 3314.21 of the	58755
Revised Code relative to each such student in the same manner as	58756
an internet- or computer-based community school, unless both of	58757
the following conditions apply to the student:	58758

(1) The nonclassroom-based learning opportunities in which	58759
the student is required to participate from the student's	58760
residence are supplemental in nature or do not constitute a	58761
significant portion of the total classroom-based and	58762
nonclassroom-based learning opportunities provided to the student	58763
by the school;	58764

(2) The student's residence is equipped with a computer	58765
available for the student's use.	58766

Sec. 3314.35. (A)(1) ~~Except as provided in division (A)(3)~~	58767
~~of this section, this section applies to any community school that~~	58768
~~meets one of the following criteria after July 1, 2008, but before~~	58769
~~July 1, 2009:~~	58770

~~(a) The school does not offer a grade level higher than three~~	58771
~~and has been declared to be in a state of academic emergency under~~	58772
~~section 3302.03 of the Revised Code for four consecutive school~~	58773
~~years.~~	58774

~~(b) The school satisfies all of the following conditions:~~

58775

~~(i) The school offers any of grade levels four to eight but~~	58776
~~does not offer a grade level higher than nine.~~	58777

~~(ii) The school has been declared to be in a state of~~	58778
~~academic emergency under section 3302.03 of the Revised Code for~~	58779
~~three consecutive school years.~~	58780

~~(iii) For two of those school years, the school showed less~~	58781
~~than one standard year of academic growth in either reading or~~	58782
~~mathematics, as determined by the department of education in~~	58783
~~accordance with rules adopted under division (A) of section~~	58784
~~3302.021 of the Revised Code.~~	58785

~~(c) The school satisfies all of the following conditions:~~

58786

~~(i) The school offers any of grade levels ten to twelve.~~

58787

~~(ii) The school has been declared to be in a state of~~	58788
~~academic emergency under section 3302.03 of the Revised Code for~~	58789
~~three consecutive school years.~~	58790

~~(iii) For two of those school years, the school showed less~~	58791
~~than two standard years of academic growth in either reading or~~	58792
~~mathematics, as determined by the department in accordance with~~	58793
~~rules adopted under division (A) of section 3302.021 of the~~	58794
~~Revised Code.~~	58795

~~(2)~~ Except as provided in division (A)(3) of this section,	58796
this section applies to any community school that meets one of the	58797
following criteria after July 1, 2009, but before July 1, 2011:	58798

(a) The school does not offer a grade level higher than three	58799
and has been declared to be in a state of academic emergency under	58800
section 3302.03 of the Revised Code for three of the four most	58801
recent school years.	58802

(b) The school satisfies all of the following conditions:

58803

(i) The school offers any of grade levels four to eight but	58804
does not offer a grade level higher than nine.	58805

(ii) The school has been declared to be in a state of	58806
academic emergency under section 3302.03 of the Revised Code for	58807
two of the three most recent school years.	58808

(iii) In at least two of the three most recent school years,	58809
the school showed less than one standard year of academic growth	58810
in either reading or mathematics, as determined by the department	58811
of education in accordance with rules adopted under division (A)	58812
of section 3302.021 of the Revised Code.	58813

(c) The school offers any of grade levels ten to twelve and	58814
has been declared to be in a state of academic emergency under	58815
section 3302.03 of the Revised Code for three of the four most	58816
recent school years.	58817

(2) Except as provided in division (A)(3) of this section,	58818
this section applies to any community school that meets one of the	58819
following criteria after July 1, 2011:	58820

(a) The school does not offer a grade level higher than three	58821
and has been declared to be in a state of academic emergency under	58822
section 3302.03 of the Revised Code for two of the three most	58823
recent school years.	58824

(b) The school satisfies all of the following conditions:

58825

(i) The school offers any of grade levels four to eight but	58826
does not offer a grade level higher than nine.	58827

(ii) The school has been declared to be in a state of	58828
academic emergency under section 3302.03 of the Revised Code for	58829
two of the three most recent school years.	58830

(iii) In at least two of the three most recent school years,	58831
the school showed less than one standard year of academic growth	58832
in either reading or mathematics, as determined by the department	58833
in accordance with rules adopted under division (A) of section	58834
3302.021 of the Revised Code.	58835

(c) The school offers any of grade levels ten to twelve and	58836
has been declared to be in a state of academic emergency under	58837
section 3302.03 of the Revised Code for two of the three most	58838
recent school years.	58839

(3) This section does not apply to either of the following:

58840

(a) Any community school in which a majority of the students	58841
are enrolled in a dropout prevention and recovery program that is	58842
operated by the school and that has been granted a waiver under	58843
section 3314.36 of the Revised Code;	58844

(b) Any community school in which a majority of the enrolled	58845
students are children with disabilities receiving special	58846
education and related services in accordance with Chapter 3323. of	58847
the Revised Code.	58848

(B) Any community school to which this section applies shall	58849
permanently close at the conclusion of the school year in which	58850
the school first becomes subject to this section. The sponsor and	58851
governing authority of the school shall comply with all procedures	58852
for closing a community school adopted by the department under	58853
division (E) of section 3314.015 of the Revised Code. The	58854
governing authority of the school shall not enter into a contract	58855
with any other sponsor under section 3314.03 of the Revised Code	58856
after the school closes.	58857

(C) ~~Not later than July 1, 2008, the department shall~~	58858
~~determine the feasibility of using the value-added progress~~	58859
~~dimension, as defined in section 3302.01 of the Revised Code, as a~~	58860
~~factor in evaluating the academic performance of community schools~~	58861
~~described in division (A)(1)(c)(i) of this section.~~	58862
~~Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,~~	58863
~~if the department determines that using the value-added progress~~	58864
~~dimension to evaluate community schools described in division~~	58865
~~(A)(1)(c)(i) of this section is not feasible, a community school~~	58866
~~described in that division shall be required to permanently close~~	58867
~~under this section only if it has been declared to be in a state~~	58868
~~of academic emergency under section 3302.03 of the Revised Code~~	58869
~~for four consecutive school years.~~	58870

~~(D)~~ In accordance with division (B) of section 3314.012 of	58871
the Revised Code, the department shall not consider the	58872
performance ratings assigned to a community school for its first	58873
two years of operation when determining whether the school meets	58874
the criteria prescribed by division (A)(1) or (2) of this section.	58875
~~The department shall reevaluate each community school that the~~	58876
~~department directed to close at the conclusion of the 2009-2010~~	58877
~~school year to determine if the school still meets the criteria~~	58878
~~prescribed by division (A)(2) of this section when the school's~~	58879
~~performance ratings for its first two years of operation are not~~	58880
~~considered and, if the school no longer meets those criteria, the~~	58881
~~department shall not require the school to close at the conclusion~~	58882
~~of that school year.~~	58883

Sec. 3314.36. (A) Section 3314.35 of the Revised Code does	58884
not apply to any community school in which a majority of the	58885
students are enrolled in a dropout prevention and recovery program	58886
that is operated by the school and that has been granted a waiver	58887
by the department of education. The department shall grant a	58888
waiver to a dropout prevention and recovery program, within sixty	58889
days after the program applies for the waiver, if the program	58890
meets all of the following conditions:	58891

(1) The program serves only students not younger than sixteen	58892
years of age and not older than twenty-one years of age.	58893

(2) The program enrolls students who, at the time of their	58894
initial enrollment, either, or both, are at least one grade level	58895
behind their cohort age groups or experience crises that	58896
significantly interfere with their academic progress such that	58897
they are prevented from continuing their traditional programs.	58898

(3) The program requires students to attain at least the	58899
applicable score designated for each of the assessments prescribed	58900
under division (B)(1) of section 3301.0710 of the Revised Code or,	58901
to the extent prescribed by rule of the state board of education	58902
under division ~~(E)~~(D)(6) of section 3301.0712 of the Revised	58903
Code, division (B)(2) of that section.	58904

(4) The program develops an individual career plan for the	58905
student that specifies the student's matriculating to a two-year	58906
degree program, acquiring a business and industry credential, or	58907
entering an apprenticeship.	58908

(5) The program provides counseling and support for the	58909
student related to the plan developed under division (A)(4) of	58910
this section during the remainder of the student's high school	58911
experience.	58912

(6) Prior to receiving the waiver, the program has submitted	58913
to the department an instructional plan that demonstrates how the	58914
academic content standards adopted by the state board of education	58915
under section 3301.079 of the Revised Code will be taught and	58916
assessed.	58917

If the department does not act either to grant the waiver or	58918
to reject the program application for the waiver within sixty days	58919
as required under this section, the waiver shall be considered to	58920
be granted.	58921

(B) Notwithstanding division (A) of this section, the	58922
department shall not grant a waiver to any community school that	58923
did not qualify for a waiver under this section when it initially	58924
began operations, unless the state board of education approves the	58925
waiver.	58926

Sec. 3314.46. As used in this section, "sponsor" includes any	58927
officer, director, employee, agent, representative, subsidiary, or	58928
independent contractor of the sponsor of a community school.	58929

(A) Except as provided in division (B) of this section, no	58930
sponsor of a community school shall sell any goods or services to	58931
any community school it sponsors.	58932

(B) If the sponsor of a community school entered into a	58933
contract prior to the effective date of this section that involves	58934
the sale of goods or services to a community school it sponsors,	58935
the sponsor shall not be required to comply with division (A) of	58936
this section with respect to that school until the expiration of	58937
the contract.	58938

Sec. 3315.01. (A) Except as provided in division (B) of this	58939
section and notwithstanding sections 3315.12 and 3315.14 of the	58940
Revised Code, the board of education of any school district may	58941
adopt a resolution requiring the treasurer of the district to	58942
credit the earnings made on the investment of the principal of the	58943
moneys specified in the resolution to the fund from which the	58944
earnings arose or any other fund of the district as the board	58945
specifies in its resolution.	58946

(B) This section does not apply to the earnings made on the	58947
investment of the bond retirement fund, the sinking fund, a	58948
project construction fund established pursuant to sections 3318.01	58949
to 3318.20 of the Revised Code, or the payments received by school	58950
districts pursuant to division ~~(I)~~(E) of section 3317.024 of the	58951
Revised Code.	58952

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	58953
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	58954
subject to the approval of the superintendent of public	58955
instruction, a school district that is in a state of fiscal watch	58956
declared under section 3316.03 of the Revised Code may restructure	58957
or refinance loans obtained or in the process of being obtained	58958
under section 3313.483 of the Revised Code if all of the following	58959
requirements are met:	58960

(1) The operating deficit certified for the school district	58961
for the current or preceding fiscal year under section 3313.483 of	58962
the Revised Code exceeds fifteen per cent of the district's	58963
general revenue fund for the fiscal year preceding the year for	58964
which the certification of the operating deficit is made.	58965

(2) The school district voters have, during the period of the	58966
fiscal watch, approved the levy of a tax under section 718.09,	58967
718.10, 5705.194, 5705.21, or 5748.02, or 5748.09 of the Revised	58968
Code that is not a renewal or replacement levy, or a levy under	58969
section 5705.199 of the Revised Code, and that will provide new	58970
operating revenue.	58971

(3) The board of education of the school district has adopted	58972
or amended the financial plan required by section 3316.04 of the	58973
Revised Code to reflect the restructured or refinanced loans, and	58974
sets forth the means by which the district will bring projected	58975
operating revenues and expenditures, and projected debt service	58976
obligations, into balance for the life of any such loan.	58977

(B) Subject to the approval of the superintendent of public	58978
instruction, the school district may issue securities to evidence	58979
the restructuring or refinancing authorized by this section. Such	58980
securities may extend the original period for repayment not to	58981
exceed ten years, and may alter the frequency and amount of	58982
repayments, interest or other financing charges, and other terms	58983
or agreements under which the loans were originally contracted,	58984
provided the loans received under sections 3313.483 of the Revised	58985
Code are repaid from funds the district would otherwise receive	58986
under Chapter ~~3306.~~3317. of the Revised Code, as required under	58987
division (E)(3) of section 3313.483 of the Revised Code.	58988
Securities issued for the purpose of restructuring or refinancing	58989
under this section shall be repaid in equal payments and at equal	58990
intervals over the term of the debt and are not eligible to be	58991
included in any subsequent proposal to restructure or refinance.	58992

(C) Unless the district is declared to be in a state of	58993
fiscal emergency under division (D) of section 3316.04 of the	58994
Revised Code, a school district shall remain in a state of fiscal	58995
watch for the duration of the repayment period of any loan	58996
restructured or refinanced under this section.	58997

Sec. 3316.06. (A) Within one hundred twenty days after the	58998
first meeting of a school district financial planning and	58999
supervision commission, the commission shall adopt a financial	59000
recovery plan regarding the school district for which the	59001
commission was created. During the formulation of the plan, the	59002
commission shall seek appropriate input from the school district	59003
board and from the community. This plan shall contain the	59004
following:	59005

(1) Actions to be taken to:

59006

(a) Eliminate all fiscal emergency conditions declared to	59007
exist pursuant to division (B) of section 3316.03 of the Revised	59008
Code;	59009

(b) Satisfy any judgments, past-due accounts payable, and all	59010
past-due and payable payroll and fringe benefits;	59011

(c) Eliminate the deficits in all deficit funds, except that	59012
any prior year deficits in the capital and maintenance fund	59013
established pursuant to section 3315.18 of the Revised Code shall	59014
be forgiven;	59015

(d) Restore to special funds any moneys from such funds that	59016
were used for purposes not within the purposes of such funds, or	59017
borrowed from such funds by the purchase of debt obligations of	59018
the school district with the moneys of such funds, or missing from	59019
the special funds and not accounted for, if any;	59020

(e) Balance the budget, avoid future deficits in any funds,	59021
and maintain on a current basis payments of payroll, fringe	59022
benefits, and all accounts;	59023

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

59024

(g) Restore the ability of the school district to market	59025
long-term general obligation bonds under provisions of law	59026
applicable to school districts generally.	59027

(2) The management structure that will enable the school	59028
district to take the actions enumerated in division (A)(1) of this	59029
section. The plan shall specify the level of fiscal and management	59030
control that the commission will exercise within the school	59031
district during the period of fiscal emergency, and shall	59032
enumerate respectively, the powers and duties of the commission	59033
and the powers and duties of the school board during that period.	59034
The commission may elect to assume any of the powers and duties of	59035
the school board it considers necessary, including all powers	59036
related to personnel, curriculum, and legal issues in order to	59037
successfully implement the actions described in division (A)(1) of	59038
this section.	59039

(3) The target dates for the commencement, progress upon, and	59040
completion of the actions enumerated in division (A)(1) of this	59041
section and a reasonable period of time expected to be required to	59042
implement the plan. The commission shall prepare a reasonable time	59043
schedule for progress toward and achievement of the requirements	59044
for the plan, and the plan shall be consistent with that time	59045
schedule.	59046

(4) The amount and purpose of any issue of debt obligations	59047
that will be issued, together with assurances that any such debt	59048
obligations that will be issued will not exceed debt limits	59049
supported by appropriate certifications by the fiscal officer of	59050
the school district and the county auditor. Debt obligations	59051
issued pursuant to section 133.301 of the Revised Code shall	59052
include assurances that such debt shall be in an amount not to	59053
exceed the amount certified under division (B) of such section. If	59054
the commission considers it necessary in order to maintain or	59055
improve educational opportunities of pupils in the school	59056
district, the plan may include a proposal to restructure or	59057
refinance outstanding debt obligations incurred by the board under	59058
section 3313.483 of the Revised Code contingent upon the approval,	59059
during the period of the fiscal emergency, by district voters of a	59060
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	59061
5748.02, or 5748.08, or 5748.09 of the Revised Code that is not a	59062
renewal or replacement levy, or a levy under section 5705.199 of	59063
the Revised Code, and that will provide new operating revenue.	59064
Notwithstanding any provision of Chapter 133. or sections 3313.483	59065
to 3313.4811 of the Revised Code, following the required approval	59066
of the district voters and with the approval of the commission,	59067
the school district may issue securities to evidence the	59068
restructuring or refinancing. Those securities may extend the	59069
original period for repayment, not to exceed ten years, and may	59070
alter the frequency and amount of repayments, interest or other	59071
financing charges, and other terms of agreements under which the	59072
debt originally was contracted, at the discretion of the	59073
commission, provided that any loans received pursuant to section	59074
3313.483 of the Revised Code shall be paid from funds the district	59075
would otherwise receive under Chapter ~~3306.~~3317. of the Revised	59076
Code, as required under division (E)(3) of section 3313.483 of the	59077
Revised Code. The securities issued for the purpose of	59078
restructuring or refinancing the debt shall be repaid in equal	59079
payments and at equal intervals over the term of the debt and are	59080
not eligible to be included in any subsequent proposal for the	59081
purpose of restructuring or refinancing debt under this section.	59082

(B) Any financial recovery plan may be amended subsequent to	59083
its adoption. Each financial recovery plan shall be updated	59084
annually.	59085

(C) Each school district financial planning and supervision	59086
commission shall submit the financial recovery plan it adopts or	59087
updates under this section to the state superintendent of public	59088
instruction for approval immediately following its adoption or	59089
updating. The state superintendent shall evaluate the plan and	59090
either approve or disapprove it within thirty calendar days from	59091
the date of its submission. If the plan is disapproved, the state	59092
superintendent shall recommend modifications that will render it	59093
acceptable. No financial planning and supervision commission shall	59094
implement a financial recovery plan that is adopted or updated on	59095
or after April 10, 2001, unless the state superintendent has	59096
approved it.	59097

Sec. 3316.08. During a school district's fiscal emergency	59098
period, the auditor of state shall determine annually, or at any	59099
other time upon request of the financial planning and supervision	59100
commission, whether the school district will incur an operating	59101
deficit. If the auditor of state determines that a school district	59102
will incur an operating deficit, the auditor of state shall	59103
certify that determination to the superintendent of public	59104
instruction, the financial planning and supervision commission,	59105
and the board of education of the school district. Upon receiving	59106
the auditor of state's certification, the commission shall adopt a	59107
resolution requesting that the board of education work with the	59108
county auditor or tax commissioner to estimate the amount and rate	59109
of a tax levy that is needed under section 5705.194, 5709.199, or	59110
5705.21 or Chapter 5748. of the Revised Code to produce a positive	59111
fund balance not later than the fifth year of the five-year	59112
forecast submitted under section 5705.391 of the Revised Code.	59113

The board of education shall recommend to the commission	59114
whether the board supports or opposes a tax levy under section	59115
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	59116
Code and shall provide supporting documentation to the commission	59117
of its recommendation.	59118

After considering the board of education's recommendation and	59119
supporting documentation, the commission shall adopt a resolution	59120
to either submit a ballot question proposing a tax levy or not to	59121
submit such a question.	59122

Except as otherwise provided in this division, the tax shall	59123
be levied in the manner prescribed for a tax levied under section	59124
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	59125
Revised Code. If the commission decides that a tax should be	59126
levied, the tax shall be levied for the purpose of paying current	59127
operating expenses of the school district. The rate of a property	59128
tax levied under section 5705.194, 5709.199, or 5705.21, or	59129
5748.09 of the Revised Code shall be determined by the county	59130
auditor, and the rate of aan income tax levied under section	59131
5748.02 or, 5748.08, or 5748.09 of the Revised Code shall be	59132
determined by the tax commissioner, upon the request of the	59133
commission. The commission, in consultation with the board of	59134
education, shall determine the election at which the question of	59135
the tax shall appear on the ballot, and the commission shall	59136
submit a copy of its resolution to the board of elections not	59137
later than ninety days prior to the day of that election. The	59138
board of elections conducting the election shall certify the	59139
results of the election to the board of education and to the	59140
financial planning and supervision commission.	59141

Sec. 3316.20. (A)(1) The school district solvency assistance	59142
fund is hereby created in the state treasury, to consist of such	59143
amounts designated for the purposes of the fund by the general	59144
assembly. The fund shall be used to provide assistance and grants	59145
to school districts to enable them to remain solvent and to pay	59146
unforeseeable expenses of a temporary or emergency nature that	59147
they are unable to pay from existing resources.	59148

(2) There is hereby created within the fund an account known	59149
as the school district shared resource account, which shall	59150
consist of money appropriated to it by the general assembly. The	59151
money in the account shall be used solely for solvency assistance	59152
to school districts that have been declared under division (B) of	59153
section 3316.03 of the Revised Code to be in a state of fiscal	59154
emergency.	59155

(3) There is hereby created within the fund an account known	59156
as the catastrophic expenditures account, which shall consist of	59157
money appropriated to the account by the general assembly plus all	59158
investment earnings of the fund. Money in the account shall be	59159
used solely for the following:	59160

(a) Solvency assistance to school districts that have been	59161
declared under division (B) of section 3316.03 of the Revised Code	59162
to be in a state of fiscal emergency, in the event that all money	59163
in the shared resource account is utilized for solvency	59164
assistance;	59165

(b) Grants to school districts under division (C) of this	59166
section.	59167

(B) Solvency assistance payments under division (A)(2) or	59168
(3)(a) of this section shall be made from the fund by the	59169
superintendent of public instruction in accordance with rules	59170
adopted by the director of budget and management, after consulting	59171
with the superintendent, specifying approval criteria and	59172
procedures necessary for administering the fund.	59173

The fund shall be reimbursed for any solvency assistance	59174
amounts paid under division (A)(2) or (3)(a) of this section not	59175
later than the end of the ~~second~~fourth fiscal year following the	59176
fiscal year in which the solvency assistance payment was made,	59177
except that the fund may be reimbursed not later than the end of	59178
the tenth fiscal year following the fiscal year in which the	59179
solvency assistance payment was made upon the approval of the	59180
director of budget and management and the superintendent of public	59181
instruction. If not made directly by the school district, such	59182
reimbursement shall be made by the director of budget and	59183
management from the amounts the school district would otherwise	59184
receive pursuant to Chapter ~~3306.~~3317. of the Revised Code, or	59185
from any other funds appropriated for the district by the general	59186
assembly. Reimbursements shall be credited to the respective	59187
account from which the solvency assistance paid to the district	59188
was deducted.	59189

(C) The superintendent of public instruction may make	59190
recommendations, and the controlling board may grant money from	59191
the catastrophic expenditures account to any school district that	59192
suffers an unforeseen catastrophic event that severely depletes	59193
the district's financial resources. The superintendent shall make	59194
recommendations for the grants in accordance with rules adopted by	59195
the director of budget and management, after consulting with the	59196
superintendent. A school district shall not be required to repay	59197
any grant awarded to the district under this division, unless the	59198
district receives money from this state or a third party,	59199
including an agency of the government of the United States,	59200
specifically for the purpose of compensating the district for	59201
revenue lost or expenses incurred as a result of the unforeseen	59202
catastrophic event. If a school district receives a grant from the	59203
catastrophic expenditures account on the basis of the same	59204
circumstances for which an adjustment or recomputation is	59205
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,	59206
3317.0210, or 3317.0211 of the Revised Code, the department of	59207
education shall reduce the adjustment or recomputation by an	59208
amount not to exceed the total amount of the grant, and an amount	59209
equal to the reduction shall be transferred, from the funding	59210
source from which the adjustment or recomputation would be paid,	59211
to the catastrophic expenditures account. Any adjustment or	59212
recomputation under such sections that is in excess of the total	59213
amount of the grant shall be paid to the school district.	59214

Sec. 3316.21. (A) If a school district has been declared to	59215
be in a state of fiscal emergency by the auditor of state under	59216
section 3316.03 of the Revised Code, and if the auditor of state	59217
has further determined upon examination of the district's	59218
financial recovery plan that implementing that plan cannot	59219
reasonably be expected to correct and eliminate all of the	59220
district's fiscal emergency conditions within five fiscal years,	59221
the auditor of state shall notify the superintendent of public	59222
instruction of that determination.	59223

(B) Not later than ninety days after the state superintendent	59224
receives the auditor of state's notification under division (A) of	59225
this section, the state superintendent shall develop an operations	59226
plan for the district and submit that plan to the state board of	59227
education for approval. Upon approval of the plan, the state board	59228
shall suspend the charter of the district and shall take over the	59229
operation of the district. The state board shall continue to	59230
operate the school district until such time as the district's	59231
board and its financial planning and supervision commission submit	59232
an acceptable financial recovery plan to the state superintendent	59233
and the auditor of state has determined that the district does	59234
have a plan that can reasonably be expected to correct and	59235
eliminate the district's fiscal emergency conditions within five	59236
fiscal years.	59237

(C) While the state board is operating the district, all of	59238
the following apply:	59239

(1) The state board shall exercise all powers granted to the	59240
school district board under the Revised Code for management and	59241
control of the schools of the district, except for the power to	59242
propose property tax or school district income tax levies under	59243
Title LVII of the Revised Code, and shall carry out such powers in	59244
the place of the district board.	59245

(2) Subject to approval of the state board, the district	59246
board shall continue to propose tax levies necessary to operate	59247
the district and to resolve the district's fiscal emergency	59248
conditions.	59249

(3) Employees and officers of the district shall be deemed	59250
employees of the state board.	59251

(4) The state board may delegate any management and control	59252
functions of the district to the district's financial planning and	59253
supervision commission.	59254

(5) The state board shall not revoke the charter of the	59255
district or transfer its territory to other districts.	59256

Sec. 3317.01. As used in this section ~~and section 3317.011~~	59257
~~of the Revised Code~~, "school district," unless otherwise	59258
specified, means any city, local, exempted village, joint	59259
vocational, or cooperative education school district and any	59260
educational service center.	59261

This chapter shall be administered by the state board of	59262
education. The superintendent of public instruction shall	59263
calculate the amounts payable to each school district and shall	59264
certify the amounts payable to each eligible district to the	59265
treasurer of the district as provided by this chapter. As soon as	59266
possible after such amounts are calculated, the superintendent	59267
shall certify to the treasurer of each school district the	59268
district's adjusted charge-off increase, as defined in section	59269
5705.211 of the Revised Code. No moneys shall be distributed	59270
pursuant to this chapter without the approval of the controlling	59271
board.	59272

The state board of education shall, in accordance with	59273
appropriations made by the general assembly, meet the financial	59274
obligations of this chapter.	59275

Moneys distributed pursuant to this chapter shall be	59276
calculated and paid on a fiscal year basis, beginning with the	59277
first day of July and extending through the thirtieth day of June.	59278
The moneys appropriated for each fiscal year shall be distributed	59279
periodically to each school district unless otherwise provided	59280
for. The state board, in June of each year, shall submit ~~a yearly~~	59281
~~distribution plan~~ to the controlling board ~~at its first meeting in~~	59282
~~July. The state board shall submit any proposed midyear revision~~	59283
~~of the plan to the controlling board in January. Any year-end~~	59284
~~revision of the plan shall be submitted to the controlling board~~	59285
~~in June. If moneys appropriated for each fiscal year are~~	59286
~~distributed other than monthly, such distribution shall be on the~~	59287
~~same basis for each school district~~the state board's year-end	59288
distributions pursuant to this chapter.	59289

Except as otherwise provided, payments under this chapter	59290
shall be made only to those school districts in which:	59291

(A) The school district, except for any educational service	59292
center and any joint vocational or cooperative education school	59293
district, levies for current operating expenses at least twenty	59294
mills. Levies for joint vocational or cooperative education school	59295
districts or county school financing districts, limited to or to	59296
the extent apportioned to current expenses, shall be included in	59297
this qualification requirement. School district income tax levies	59298
under Chapter 5748. of the Revised Code, limited to or to the	59299
extent apportioned to current operating expenses, shall be	59300
included in this qualification requirement to the extent	59301
determined by the tax commissioner under division (D) of section	59302
3317.021 of the Revised Code.	59303

(B) The school year next preceding the fiscal year for which	59304
such payments are authorized meets the requirement of section	59305
3313.48 or 3313.481 of the Revised Code, with regard to the	59306
minimum number of days or hours school must be open for	59307
instruction with pupils in attendance, for individualized	59308
parent-teacher conference and reporting periods, and for	59309
professional meetings of teachers. This requirement shall be	59310
waived by the superintendent of public instruction if it had been	59311
necessary for a school to be closed because of disease epidemic,	59312
hazardous weather conditions, inoperability of school buses or	59313
other equipment necessary to the school's operation, damage to a	59314
school building, or other temporary circumstances due to utility	59315
failure rendering the school building unfit for school use,	59316
provided that for those school districts operating pursuant to	59317
section 3313.48 of the Revised Code the number of days the school	59318
was actually open for instruction with pupils in attendance and	59319
for individualized parent-teacher conference and reporting periods	59320
is not less than one hundred seventy-five, or for those school	59321
districts operating on a trimester plan the number of days the	59322
school was actually open for instruction with pupils in attendance	59323
not less than seventy-nine days in any trimester, for those school	59324
districts operating on a quarterly plan the number of days the	59325
school was actually open for instruction with pupils in attendance	59326
not less than fifty-nine days in any quarter, or for those school	59327
districts operating on a pentamester plan the number of days the	59328
school was actually open for instruction with pupils in attendance	59329
not less than forty-four days in any pentamester.	59330

A school district shall not be considered to have failed to	59331
comply with this division or section 3313.481 of the Revised Code	59332
because schools were open for instruction but either twelfth grade	59333
students were excused from attendance for up to three days or only	59334
a portion of the kindergarten students were in attendance for up	59335
to three days in order to allow for the gradual orientation to	59336
school of such students.	59337

The superintendent of public instruction shall waive the	59338
requirements of this section with reference to the minimum number	59339
of days or hours school must be in session with pupils in	59340
attendance for the school year succeeding the school year in which	59341
a board of education initiates a plan of operation pursuant to	59342
section 3313.481 of the Revised Code. The minimum requirements of	59343
this section shall again be applicable to such a district	59344
beginning with the school year commencing the second July	59345
succeeding the initiation of one such plan, and for each school	59346
year thereafter.	59347

A school district shall not be considered to have failed to	59348
comply with this division or section 3313.48 or 3313.481 of the	59349
Revised Code because schools were open for instruction but the	59350
length of the regularly scheduled school day, for any number of	59351
days during the school year, was reduced by not more than two	59352
hours due to hazardous weather conditions.	59353

(C) The school district has on file, and is paying in	59354
accordance with, a teachers' salary schedule which complies with	59355
section 3317.13 of the Revised Code.	59356

A board of education or governing board of an educational	59357
service center which has not conformed with other law and the	59358
rules pursuant thereto, shall not participate in the distribution	59359
of funds authorized by ~~sections 3317.022 to 3317.0211, 3317.11,~~	59360
~~3317.16, 3317.17, and 3317.19 of the Revised Code~~this chapter,	59361
except for good and sufficient reason established to the	59362
satisfaction of the state board of education and the state	59363
controlling board.	59364

All funds allocated to school districts under this chapter,	59365
except those specifically allocated for other purposes, shall be	59366
used to pay current operating expenses only.	59367

Sec. 3317.013. Except for a preschool child with a	59368
disability for whom a scholarship has been awarded under section	59369
3310.41 of the Revised Code, this section does not apply to	59370
preschool children with disabilities.	59371

Analysis of special education cost data has resulted in a	59372
finding that the average special education additional cost per	59373
pupil, including the costs of related services, can be expressed	59374
as a multiple of the ~~base cost per pupil calculated under section~~	59375
~~3317.012 of the Revised Code~~formula amount. The multiples for the	59376
following categories of special education programs, as these	59377
programs are defined for purposes of Chapter 3323. of the Revised	59378
Code, and adjusted as provided in this section, are as follows:	59379

(A) A multiple of ~~0.2892~~0.2906 for students whose primary or	59380
only identified disability is a speech and language disability, as	59381
this term is defined pursuant to Chapter 3323. of the Revised	59382
Code;	59383

(B) A multiple of ~~0.3691~~0.7374 for students identified as	59384
specific learning disabled or developmentally disabled, as these	59385
terms are defined pursuant to Chapter 3323. of the Revised Code,	59386
or as having an other health impairment-minor;	59387

(C) A multiple of ~~1.7695~~1.7716 for students identified as	59388
hearing disabled~~, vision impaired,~~ or severe behavior disabled, as	59389
these terms are defined pursuant to Chapter 3323. of the Revised	59390
Code;	59391

(D) A multiple of ~~2.3646~~2.3643 for students identified as	59392
~~orthopedically disabled~~vision impaired, as this term is defined	59393
pursuant to Chapter 3323. of the Revised Code, or as having an	59394
other health impairment-major;	59395

(E) A multiple of ~~3.1129~~3.2022 for students identified as	59396
orthopedically disabled or as having multiple disabilities, as	59397
~~this term is~~these terms are defined pursuant to Chapter 3323. of	59398
the Revised Code;	59399

(F) A multiple of ~~4.7342~~4.7205 for students identified as	59400
autistic, having traumatic brain injuries, or as both visually and	59401
hearing impaired, as these terms are defined pursuant to Chapter	59402
3323. of the Revised Code.	59403

In fiscal years 2008, 2009, 2010, ~~and~~ 2011, 2012, and 2013,	59404
the multiples specified in divisions (A) to (F) of this section	59405
shall be adjusted by multiplying them by 0.90.	59406

~~Not later than the thirtieth day of December in 2007, 2008,~~	59407
~~and 2009, the department of education shall submit to the office~~	59408
~~of budget and management a report that specifies for each city,~~	59409
~~local, exempted village, and joint vocational school district the~~	59410
~~fiscal year allocation of the state and local shares of special~~	59411
~~education and related services additional weighted funding and~~	59412
~~federal special education funds passed through to the district.~~	59413

Sec. 3317.014. The ~~average~~ vocational education additional	59414
cost per pupil can be expressed as a multiple of the ~~base cost per~~	59415
~~pupil calculated under section 3317.012 of the Revised Code~~	59416
formula amount. The multiples for the following categories of	59417
vocational education programs are as follows:	59418

(A) A multiple of 0.57 for students enrolled in vocational	59419
education job-training and workforce development programs approved	59420
by the department of education in accordance with rules adopted	59421
under section 3313.90 of the Revised Code.	59422

(B) A multiple of 0.28 for students enrolled in vocational	59423
education classes other than job-training and workforce	59424
development programs.	59425

Vocational education associated services costs can be	59426
expressed as a multiple of 0.05 of the ~~base cost per pupil~~	59427
~~calculated under section 3317.012 of the Revised Code~~formula	59428
amount.	59429

~~By the thirtieth day of each December, the department of~~	59430
~~education shall report to the office of budget and management and~~	59431
~~the general assembly the amount of weighted funding for vocational~~	59432
~~education and associated services that was spent by each city,~~	59433
~~local, exempted village, and joint vocational school district~~	59434
~~specifically for vocational educational and associated services~~	59435
~~during the previous fiscal year.~~	59436

Sec. 3317.018. (A) The department of education shall make no	59437
calculations or payments under ~~Chapter 3317. of the Revised Code~~	59438
this chapter for any fiscal year except as prescribed in this	59439
section. The payments authorized under this section are in	59440
addition to payments computed and paid for fiscal years 2012 and	59441
2013 under the section of H.B. 153 of the 129th general assembly	59442
entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL	59443
DISTRICTS."	59444

(B) School districts shall report student enrollment data as	59445
prescribed by section 3317.03 of the Revised Code, which data the	59446
department shall use to make payments under ~~Chapters 3306. and~~	59447
~~3317. of the Revised Code.~~this chapter and the section of H.B.	59448
153 of the 129th general assembly entitled "FUNDING FOR CITY,	59449
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS."	59450

(C) The tax commissioner shall report data regarding tax	59451
valuation and receipts for school districts as prescribed by	59452
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	59453
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division ~~(M)~~(K)	59454
of section 3317.02 of the Revised Code, which data the department	59455
shall use to make payments under ~~Chapters 3306. and 3317. of the~~	59456
~~Revised Code.~~this chapter and the section of H.B. 153 of the	59457
129th general assembly entitled "FUNDING FOR CITY, EXEMPTED	59458
VILLAGE, AND LOCAL SCHOOL DISTRICTS."	59459

(D) Unless otherwise specified by another provision of law,	59460
~~in addition to the payments prescribed by Chapter 3306. of the~~	59461
~~Revised Code,~~ the department shall continue to make payments to or	59462
adjustments for school districts in fiscal years after fiscal year	59463
2009 under the following provisions of ~~Chapter 3317. of the~~	59464
~~Revised Code~~this chapter:	59465

(1) The catastrophic cost reimbursement under division (C)(3)	59466
of section 3317.022 of the Revised Code; however, when computing	59467
that payment, the department shall use the disability categories	59468
and multiples specified in section 3317.013 of the Revised Code as	59469
that section existed prior to the effective date of this	59470
amendment. No other payments shall be made under ~~that~~ section	59471
3317.022 of the Revised Code.	59472

(2) All payments or adjustments under section 3317.023 of the	59473
Revised Code~~, except no payments or adjustments shall be made~~	59474
~~under divisions (B), (C), and (D) of that section.~~;	59475

(3) All payments or adjustments under section 3317.024 of the	59476
Revised Code~~, except no payments or adjustments shall be made~~	59477
~~under divisions (F) and (N) of that section for fiscal years after~~	59478
~~fiscal year 2009 or under division (L) of that section for fiscal~~	59479
~~years 2010 and 2011.~~;	59480

(4) All payments and adjustments under sections 3317.025,	59481
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	59482
Revised Code;	59483

(5) ~~Payments under section 3317.04 of the Revised Code;~~

59484

~~(6)~~ Unit payments under sections 3317.05, 3317.051, 3317.052,	59485
and 3317.053 of the Revised Code, except that no units for gifted	59486
funding are authorized ~~for~~after fiscal ~~years 2010 and 2011~~year	59487
2009.	59488

~~(7)~~(6) Payments under sections 3317.06, 3317.063, and	59489
3317.064 of the Revised Code;	59490

~~(8) Payments under section 3317.07 of the Revised Code;~~

59491

~~(9)~~(7) Payments to educational service centers under section	59492
3317.11 of the Revised Code;	59493

~~(10)~~(8) The catastrophic cost reimbursement under division	59494
(E) of section 3317.16 of the Revised Code and excess cost	59495
reimbursements under division (G) of that section; however, when	59496
computing that payment, the department shall use the disability	59497
categories and multiples specified in section 3317.013 of the	59498
Revised Code as that section existed prior to the effective date	59499
of this amendment. No other payments shall be made under ~~that~~	59500
section;3317.16 of the Revised Code.	59501

~~(11) Payments under section 3317.17 of the Revised Code;~~

59502

~~(12)~~(9) Adjustments under section 3317.18 of the Revised	59503
Code;	59504

~~(13)~~(10) Payments to cooperative education school districts	59505
under section 3317.19 of the Revised Code;	59506

~~(14)~~(11) Payments to county ~~MR/DD~~DD boards under section	59507
3317.20 of the Revised Code;	59508

~~(15)~~(12) Payments to state institutions for weighted special	59509
education funding under section 3317.201 of the Revised Code.	59510

(E) ~~Sections 3317.016 and 3317.017 shall not apply to fiscal~~	59511
~~years after fiscal year 2009.~~	59512

~~(F)~~ This section does not affect the provisions of sections	59513
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	59514
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.141,	59515
3317.15, 3317.50, and 3317.51~~, 3317.62, 3317.63, and 3317.64~~ of	59516
the Revised Code.	59517

(F) The department shall make no payments for fiscal years	59518
2012 or 2013 under section 3317.0212 of the Revised Code.	59519

Sec. 3317.02. As used in this chapter:

59520

(A) Unless otherwise specified, "school district" means city,	59521
local, and exempted village school districts.	59522

(B) "Formula amount" means ~~$5,732~~$5,653 for fiscal year ~~2010~~	59523
2012 and fiscal year ~~2011~~2013.	59524

(C) "FTE basis" means a count of students based on full-time	59525
equivalency, in accordance with rules adopted by the department of	59526
education pursuant to section 3317.03 of the Revised Code. In	59527
adopting its rules under this division, the department shall	59528
provide for counting any student in category one, two, three,	59529
four, five, or six special education ADM or in category one or two	59530
vocational education ADM in the same proportion the student is	59531
counted in formula ADM.	59532

(D)(1) "Formula ADM" means, for a city, local, or exempted	59533
village school district, ~~"formula ADM" as defined in section~~	59534
~~3306.02 of the Revised Code.~~the average daily membership	59535
described in division (A) of section 3317.03 of the Revised Code,	59536
as verified by the superintendent of public instruction and	59537
adjusted if so ordered under division (K) of that section, and as	59538
further adjusted by the department of education, as follows:	59539

(a) Count only twenty per cent of the number of joint	59540
vocational school district students counted under division (A)(3)	59541
of section 3317.03 of the Revised Code;	59542

(b) Add twenty per cent of the number of students who are	59543
entitled to attend school in the district under section 3313.64 or	59544
3313.65 of the Revised Code and are enrolled in another school	59545
district under a career-technical educational compact.	59546

(2) "Formula ADM" means, for a joint vocational school	59547
district, the final number verified by the superintendent of	59548
public instruction, based on the number reported pursuant to	59549
division (D) of section 3317.03 of the Revised Code, as adjusted,	59550
if so ordered, under division (K) of that section. ~~For purposes~~	59551
~~of the calculation of payments to or adjustments for a city,~~	59552
~~exempted village, local, or joint vocational school district under~~	59553
~~this chapter or under Chapter 3306. of the Revised Code,~~	59554
~~calculations required under Chapter 3318. of the Revised Code, or~~	59555
~~adjustments required under Chapter 3365. of the Revised Code, the~~	59556
~~department of education shall use the district's formula ADM for~~	59557
~~the previous fiscal year, unless the district's average daily~~	59558
~~membership reported and verified for the current fiscal year is at~~	59559
~~least two per cent greater than the formula ADM reported for the~~	59560
~~previous fiscal year, in which case the department shall use the~~	59561
~~district's formula ADM for the current fiscal year.~~	59562

(E) "Three-year average formula ADM" means the average of	59563
formula ADMs for the preceding three fiscal years.	59564

(F)(1) "Category one special education ADM" means the average	59565
daily membership of children with disabilities receiving special	59566
education services for the disability specified in division	59567
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code and	59568
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of	59569
the Revised Code.	59570

(2) "Category two special education ADM" means the average	59571
daily membership of children with disabilities receiving special	59572
education services for those disabilities specified in division	59573
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code and	59574
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of	59575
the Revised Code.	59576

(3) "Category three special education ADM" means the average	59577
daily membership of students receiving special education services	59578
for those disabilities specified in division ~~(D)(3)~~(C) of section	59579
~~3306.02~~3317.013 of the Revised Code, and reported under division	59580
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.	59581

(4) "Category four special education ADM" means the average	59582
daily membership of students receiving special education services	59583
for those disabilities specified in division (D)~~(4)~~ of section	59584
~~3306.02~~3317.013 of the Revised Code and reported under division	59585
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.	59586

(5) "Category five special education ADM" means the average	59587
daily membership of students receiving special education services	59588
for the disabilities specified in division ~~(D)(5)~~(E) of section	59589
~~3306.02~~3317.013 of the Revised Code and reported under division	59590
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.	59591

(6) "Category six special education ADM" means the average	59592
daily membership of students receiving special education services	59593
for the disabilities specified in division ~~(D)(6)~~(F) of section	59594
~~3306.02~~3317.013 of the Revised Code and reported under division	59595
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.	59596

(7) "Category one vocational education ADM" means the average	59597
daily membership of students receiving vocational education	59598
services described in division (A) of section 3317.014 of the	59599
Revised Code and reported under division (B)(11) or (D)(2)(h) of	59600
section 3317.03 of the Revised Code.	59601

(8) "Category two vocational education ADM" means the average	59602
daily membership of students receiving vocational education	59603
services described in division (B) of section 3317.014 of the	59604
Revised Code and reported under division (B)(12) or (D)(2)(i) of	59605
section 3317.03 of the Revised Code.	59606

(G) "Preschool child with a disability" means a child with a	59607
disability, as defined in section 3323.01 of the Revised Code, who	59608
is at least age three but is not of compulsory school age, as	59609
defined in section 3321.01 of the Revised Code, and who is not	59610
currently enrolled in kindergarten.	59611

(H) "County DD board" means a county board of developmental	59612
disabilities.	59613

(I) "Recognized valuation" means the amount calculated for a	59614
school district pursuant to section 3317.015 of the Revised Code.	59615

(J) ~~"Transportation ADM" means the number of children~~	59616
~~reported under division (B)(13) of section 3317.03 of the Revised~~	59617
~~Code.~~	59618

~~(K) "Average efficient transportation use cost per student"~~	59619
~~means a statistical representation of transportation costs as~~	59620
~~calculated under division (D)(2) of section 3317.022 of the~~	59621
~~Revised Code.~~	59622

~~(L)~~ "Taxes charged and payable" means the taxes charged and	59623
payable against real and public utility property after making the	59624
reduction required by section 319.301 of the Revised Code, plus	59625
the taxes levied against tangible personal property.	59626

~~(M)~~(K) "Total taxable value" means the sum of the amounts	59627
certified for a city, local, exempted village, or joint vocational	59628
school district under divisions (A)(1) and (2) of section 3317.021	59629
of the Revised Code.	59630

~~(N)~~(L) "Tax exempt value" of a school district means the	59631
amount certified for a school district under division (A)(4) of	59632
section 3317.021 of the Revised Code.	59633

~~(O)~~(M) "Potential value" of a school district means the	59634
recognized valuation of a school district plus the tax exempt	59635
value of the district.	59636

~~(P)~~(N) "District median income" means the median Ohio	59637
adjusted gross income certified for a school district. On or	59638
before the first day of July of each year, the tax commissioner	59639
shall certify to the department of education and the office of	59640
budget and management for each city, exempted village, and local	59641
school district the median Ohio adjusted gross income of the	59642
residents of the school district determined on the basis of tax	59643
returns filed for the second preceding tax year by the residents	59644
of the district.	59645

~~(Q)~~(O) "Statewide median income" means the median district	59646
median income of all city, exempted village, and local school	59647
districts in the state.	59648

~~(R)~~(P) "Income factor" for a city, exempted village, or local	59649
school district means the quotient obtained by dividing that	59650
district's median income by the statewide median income.	59651

~~(S)~~(Q) "Medically fragile child" means a child to whom all of	59652
the following apply:	59653

(1) The child requires the services of a doctor of medicine	59654
or osteopathic medicine at least once a week due to the	59655
instability of the child's medical condition.	59656

(2) The child requires the services of a registered nurse on	59657
a daily basis.	59658

(3) The child is at risk of institutionalization in a	59659
hospital, skilled nursing facility, or intermediate care facility	59660
for the mentally retarded.	59661

~~(T)~~(R) A child may be identified as having an "other health	59662
impairment-major" if the child's condition meets the definition of	59663
"other health impaired" established in rules adopted by the state	59664
board of education prior to July 1, 2001, and if either of the	59665
following apply:	59666

(1) The child is identified as having a medical condition	59667
that is among those listed by the superintendent of public	59668
instruction as conditions where a substantial majority of cases	59669
fall within the definition of "medically fragile child." The	59670
superintendent of public instruction shall issue an initial list	59671
no later than September 1, 2001.	59672

(2) The child is determined by the superintendent of public	59673
instruction to be a medically fragile child. A school district	59674
superintendent may petition the superintendent of public	59675
instruction for a determination that a child is a medically	59676
fragile child.	59677

~~(U)~~(S) A child may be identified as having an "other health	59678
impairment-minor" if the child's condition meets the definition of	59679
"other health impaired" established in rules adopted by the state	59680
board of education prior to July 1, 2001, but the child's	59681
condition does not meet either of the conditions specified in	59682
division ~~(T)~~(R)(1) or (2) of this section.	59683

~~(V)~~(T) "State education aid" has the same meaning as in	59684
section 5751.20 of the Revised Code.	59685

~~(W)~~(U) "Property exemption value" means zero in fiscal year	59686
2006, and in fiscal year 2007 and each fiscal year thereafter, the	59687
amount certified for a school district under divisions (A)(6) and	59688
(7) of section 3317.021 of the Revised Code.	59689

~~(X)~~(V) "Internet- or computer-based community school" has the	59690
same meaning as in section 3314.02 of the Revised Code.	59691

~~(Y)~~(W) "State share percentage~~" has the same meaning as in~~,"	59692
for a city, exempted village, or local school district, for fiscal	59693
years 2012 and 2013, means the district's state share percentage	59694
as computed for fiscal year 2011 under former section 3306.02 of	59695
the Revised Code. "State share percentage," for a joint vocational	59696
school district, for fiscal years 2012 and 2013, means the	59697
district's state share percentage as computed for fiscal year 2009	59698
under section 3317.16 of the Revised Code as that section existed	59699
for that fiscal year.	59700

Sec. 3317.021. ~~The information certified under this section~~	59701
~~shall be used to calculate payments under this chapter and Chapter~~	59702
~~3306. of the Revised Code.~~	59703

(A) On or before the first day of June of each year, the tax	59704
commissioner shall certify to the department of education and the	59705
office of budget and management the information described in	59706
divisions (A)(1) to (7) of this section for each city, exempted	59707
village, and local school district, and the information required	59708
by divisions (A)(1) and (2) of this section for each joint	59709
vocational school district, and it shall be used, along with the	59710
information certified under division (B) of this section, in	59711
making the computations for the district under this chapter ~~and~~	59712
~~Chapter 3306. of the Revised Code~~.	59713

(1) The taxable value of real and public utility real	59714
property in the school district subject to taxation in the	59715
preceding tax year, by class and by county of location.	59716

(2) The taxable value of tangible personal property,	59717
including public utility personal property, subject to taxation by	59718
the district for the preceding tax year.	59719

(3)(a) The total property tax rate and total taxes charged	59720
and payable for the current expenses for the preceding tax year	59721
and the total property tax rate and the total taxes charged and	59722
payable to a joint vocational district for the preceding tax year	59723
that are limited to or to the extent apportioned to current	59724
expenses.	59725

(b) The portion of the amount of taxes charged and payable	59726
reported for each city, local, and exempted village school	59727
district under division (A)(3)(a) of this section attributable to	59728
a joint vocational school district.	59729

(4) The value of all real and public utility real property in	59730
the school district exempted from taxation minus both of the	59731
following:	59732

(a) The value of real and public utility real property in the	59733
district owned by the United States government and used	59734
exclusively for a public purpose;	59735

(b) The value of real and public utility real property in the	59736
district exempted from taxation under Chapter 725. or 1728. or	59737
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	59738
5709.73, or 5709.78 of the Revised Code.	59739

(5) The total federal adjusted gross income of the residents	59740
of the school district, based on tax returns filed by the	59741
residents of the district, for the most recent year for which this	59742
information is available.	59743

(6) The sum of the school district compensation value as	59744
indicated on the list of exempted property for the preceding tax	59745
year under section 5713.08 of the Revised Code as if such property	59746
had been assessed for taxation that year and the other	59747
compensation value for the school district, minus the amounts	59748
described in divisions (A)(6)(c) to (i) of this section. The	59749
portion of school district compensation value or other	59750
compensation value attributable to an incentive district exemption	59751
may be subtracted only once even if that incentive district	59752
satisfies more than one of the criteria in divisions (A)(6)(c) to	59753
(i) of this section.	59754

(a) "School district compensation value" means the aggregate	59755
value of real property in the school district exempted from	59756
taxation pursuant to an ordinance or resolution adopted under	59757
division (C) of section 5709.40, division (C) of section 5709.73,	59758
or division (B) of section 5709.78 of the Revised Code to the	59759
extent that the exempted value results in the charging of payments	59760
in lieu of taxes required to be paid to the school district under	59761
division (D)(1) or (2) of section 5709.40, division (D) of section	59762
5709.73, or division (C) of section 5709.78 of the Revised Code.	59763

(b) "Other compensation value" means the quotient that	59764
results from dividing (i) the dollar value of compensation	59765
received by the school district during the preceding tax year	59766
pursuant to division (B), (C), or (D) of section 5709.82 of the	59767
Revised Code and the amounts received pursuant to an agreement as	59768
specified in division (D)(2) of section 5709.40, division (D) of	59769
section 5709.73, or division (C) of section 5709.78 of the Revised	59770
Code to the extent those amounts were not previously reported or	59771
included in division (A)(6)(a) of this section, and so that any	59772
such amount is reported only once under division (A)(6)(b) of this	59773
section, in relation to exemptions from taxation granted pursuant	59774
to an ordinance or resolution adopted under division (C) of	59775
section 5709.40, division (C) of section 5709.73, or division (B)	59776
of section 5709.78 of the Revised Code, by (ii) the real property	59777
tax rate in effect for the preceding tax year for	59778
nonresidential/agricultural real property after making the	59779
reductions required by section 319.301 of the Revised Code.	59780

(c) The portion of school district compensation value or	59781
other compensation value that was exempted from taxation pursuant	59782
to such an ordinance or resolution for the preceding tax year, if	59783
the ordinance or resolution is adopted prior to January 1, 2006,	59784
and the legislative authority or board of township trustees or	59785
county commissioners, prior to January 1, 2006, executes a	59786
contract or agreement with a developer, whether for-profit or	59787
not-for-profit, with respect to the development of a project	59788
undertaken or to be undertaken and identified in the ordinance or	59789
resolution, and upon which parcels such project is being, or will	59790
be, undertaken;	59791

(d) The portion of school district compensation value that	59792
was exempted from taxation for the preceding tax year and for	59793
which payments in lieu of taxes for the preceding tax year were	59794
provided to the school district under division (D)(1) of section	59795
5709.40 of the Revised Code.	59796

(e) The portion of school district compensation value that	59797
was exempted from taxation for the preceding tax year pursuant to	59798
such an ordinance or resolution, if and to the extent that, on or	59799
before April 1, 2006, the fiscal officer of the municipal	59800
corporation that adopted the ordinance, or of the township or	59801
county that adopted the resolution, certifies and provides	59802
appropriate supporting documentation to the tax commissioner and	59803
the director of development that, based on hold-harmless	59804
provisions in any agreement between the school district and the	59805
legislative authority of the municipal corporation, board of	59806
township trustees, or board of county commissioners that was	59807
entered into on or before June 1, 2005, the ability or obligation	59808
of the municipal corporation, township, or county to repay bonds,	59809
notes, or other financial obligations issued or entered into prior	59810
to January 1, 2006, will be impaired, including obligations to or	59811
of any other body corporate and politic with whom the legislative	59812
authority of the municipal corporation or board of township	59813
trustees or county commissioners has entered into an agreement	59814
pertaining to the use of service payments derived from the	59815
improvements exempted;	59816

(f) The portion of school district compensation value that	59817
was exempted from taxation for the preceding tax year pursuant to	59818
such an ordinance or resolution, if the ordinance or resolution is	59819
adopted prior to January 1, 2006, in a municipal corporation with	59820
a population that exceeds one hundred thousand, as shown by the	59821
most recent federal decennial census, that includes a major	59822
employment center and that is adjacent to historically distressed	59823
neighborhoods, if the legislative authority of the municipal	59824
corporation that exempted the property prepares an economic	59825
analysis that demonstrates that all taxes generated within the	59826
incentive district accruing to the state by reason of improvements	59827
constructed within the district during its existence exceed the	59828
amount the state pays the school district under section 3317.022	59829
of the Revised Code attributable to such property exemption from	59830
the school district's recognized valuation. The analysis shall be	59831
submitted to and approved by the department of development prior	59832
to January 1, 2006, and the department shall not unreasonably	59833
withhold approval.	59834

(g) The portion of school district compensation value that	59835
was exempted from taxation for the preceding tax year under such	59836
an ordinance or resolution, if the ordinance or resolution is	59837
adopted prior to January 1, 2006, and if service payments have	59838
been pledged to be used for mixed-use riverfront entertainment	59839
development in any county with a population that exceeds six	59840
hundred thousand, as shown by the most recent federal decennial	59841
census;	59842

(h) The portion of school district compensation value that	59843
was exempted from taxation for the preceding tax year under such	59844
an ordinance or resolution, if, prior to January 1, 2006, the	59845
legislative authority of a municipal corporation, board of	59846
township trustees, or board of county commissioners has pledged	59847
service payments for a designated transportation capacity project	59848
approved by the transportation review advisory council under	59849
Chapter 5512. of the Revised Code;	59850

(i) The portion of school district compensation value that	59851
was exempted from taxation for the preceding tax year under such	59852
an ordinance or resolution if the legislative authority of a	59853
municipal corporation, board of township trustees, or board of	59854
county commissioners have, by January 1, 2006, pledged proceeds	59855
for designated transportation improvement projects that involve	59856
federal funds for which the proceeds are used to meet a local	59857
share match requirement for such funding.	59858

As used in division (A)(6) of this section, "project" has the	59859
same meaning as in section 5709.40 of the Revised Code.	59860

(7) The aggregate value of real property in the school	59861
district for which an exemption from taxation is granted by an	59862
ordinance or resolution adopted on or after January 1, 2006, under	59863
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section	59864
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised	59865
Code, as indicated on the list of exempted property for the	59866
preceding tax year under section 5713.08 of the Revised Code and	59867
as if such property had been assessed for taxation that year,	59868
minus the product determined by multiplying (a) the aggregate	59869
value of the real property in the school district exempted from	59870
taxation for the preceding tax year under any of the chapters or	59871
sections specified in this division, by (b) a fraction, the	59872
numerator of which is the difference between (i) the amount of	59873
anticipated revenue such school district would have received for	59874
the preceding tax year if the real property exempted from taxation	59875
had not been exempted from taxation and (ii) the aggregate amount	59876
of payments in lieu of taxes on the exempt real property for the	59877
preceding tax year and other compensation received for the	59878
preceding tax year by the school district pursuant to any	59879
agreements entered into on or after January 1, 2006, under section	59880
5709.82 of the Revised Code between the school district and the	59881
legislative authority of a political subdivision that acted under	59882
the authority of a chapter or statute specified in this division,	59883
that were entered into in relation to such exemption, and the	59884
denominator of which is the amount of anticipated revenue such	59885
school district would have received in the preceding fiscal year	59886
if the real property exempted from taxation had not been exempted.	59887

(B) On or before the first day of May each year, the tax	59888
commissioner shall certify to the department of education and the	59889
office of budget and management the total taxable real property	59890
value of railroads and, separately, the total taxable tangible	59891
personal property value of all public utilities for the preceding	59892
tax year, by school district and by county of location.	59893

(C) If a public utility has properly and timely filed a	59894
petition for reassessment under section 5727.47 of the Revised	59895
Code with respect to an assessment issued under section 5727.23 of	59896
the Revised Code affecting taxable property apportioned by the tax	59897
commissioner to a school district, the taxable value of public	59898
utility tangible personal property included in the certification	59899
under divisions (A)(2) and (B) of this section for the school	59900
district shall include only the amount of taxable value on the	59901
basis of which the public utility paid tax for the preceding year	59902
as provided in division (B)(1) or (2) of section 5727.47 of the	59903
Revised Code.	59904

(D) If on the basis of the information certified under	59905
division (A) of this section, the department determines that any	59906
district fails in any year to meet the qualification requirement	59907
specified in ~~division (A)(1) of section 3306.01 and~~ division (A)	59908
of section 3317.01 of the Revised Code, the department shall	59909
immediately request the tax commissioner to determine the extent	59910
to which any school district income tax levied by the district	59911
under Chapter 5748. of the Revised Code shall be included in	59912
meeting that requirement. Within five days of receiving such a	59913
request from the department, the tax commissioner shall make the	59914
determination required by this division and report the quotient	59915
obtained under division (D)(3) of this section to the department	59916
and the office of budget and management. This quotient represents	59917
the number of mills that the department shall include in	59918
determining whether the district meets the qualification	59919
requirement of ~~division (A)(1) of section 3306.01 and~~ division (A)	59920
of section 3317.01 of the Revised Code.	59921

The tax commissioner shall make the determination required by	59922
this division as follows:	59923

(1) Multiply one mill times the total taxable value of the	59924
district as determined in divisions (A)(1) and (2) of this	59925
section;	59926

(2) Estimate the total amount of tax liability for the	59927
current tax year under taxes levied by Chapter 5748. of the	59928
Revised Code that are apportioned to current operating expenses of	59929
the district, excluding any income tax receipts allocated for the	59930
project cost, debt service, or maintenance set-aside associated	59931
with a state-assisted classroom facilities project as authorized	59932
by section 3318.052 of the Revised Code;	59933

(3) Divide the amount estimated under division (D)(2) of this	59934
section by the product obtained under division (D)(1) of this	59935
section.	59936

(E)(1) On or before June 1, 2006, and the first day of April	59937
of each year thereafter, the director of development shall report	59938
to the department of education, the tax commissioner, and the	59939
director of budget and management the total amounts of payments	59940
received by each city, local, exempted village, or joint	59941
vocational school district for the preceding tax year pursuant to	59942
division (D) of section 5709.40, division (D) of section 5709.73,	59943
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),	59944
or (D) of section 5709.82 of the Revised Code in relation to	59945
exemptions from taxation granted pursuant to an ordinance adopted	59946
by the legislative authority of a municipal corporation under	59947
division (C) of section 5709.40 of the Revised Code, or a	59948
resolution adopted by a board of township trustees or board of	59949
county commissioners under division (C) of section 5709.73 or	59950
division (B) of section 5709.78 of the Revised Code, respectively.	59951
On or before April 1, 2006, and the first day of March of each	59952
year thereafter, the treasurer of each city, local, exempted	59953
village, or joint vocational school district that has entered into	59954
such an agreement shall report to the director of development the	59955
total amounts of such payments the district received for the	59956
preceding tax year as provided in this section. The state board of	59957
education, in accordance with sections 3319.31 and 3319.311 of the	59958
Revised Code, may suspend or revoke the license of a treasurer	59959
found to have willfully reported erroneous, inaccurate, or	59960
incomplete data under this division.	59961

(2) On or before April 1, 2007, and the first day of April of	59962
each year thereafter, the director of development shall report to	59963
the department of education, the tax commissioner, and the	59964
director of budget and management the total amounts of payments	59965
received by each city, local, exempted village, or joint	59966
vocational school district for the preceding tax year pursuant to	59967
divisions (B), (C), and (D) of section 5709.82 of the Revised Code	59968
in relation to exemptions from taxation granted pursuant to	59969
ordinances or resolutions adopted on or after January 1, 2006,	59970
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or	59971
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the	59972
Revised Code. On or before March 1, 2007, and the first day of	59973
March of each year thereafter, the treasurer of each city, local,	59974
exempted village, or joint vocational school district that has	59975
entered into such an agreement shall report to the director of	59976
development the total amounts of such payments the district	59977
received for the preceding tax year as provided by this section.	59978
The state board of education, in accordance with sections 3319.31	59979
and 3319.311 of the Revised Code, may suspend or revoke the	59980
license of a treasurer found to have willfully reported erroneous,	59981
inaccurate, or incomplete data under this division.	59982

Sec. 3317.022. (A)(1) The department of education shall	59983
compute and distribute state base cost funding to each eligible	59984
school district for the fiscal year, using the information	59985
obtained under section 3317.021 of the Revised Code in the	59986
calendar year in which the fiscal year begins, according to the	59987
following formula:	59988

{[the formula amount X (formula ADM +	59989

preschool scholarship ADM)] +	59990

the sum of the base funding supplements	59991

prescribed in divisions (C)(1) to (4)	59992

of section 3317.012 of the Revised Code} -	59993

[.023 x (the sum of recognized valuation	59994

and property exemption value)] +	59995

the amounts calculated for the district under	59996

sections 3317.029 and 3317.0217 of the Revised Code	59997

If the difference obtained is a negative number, the	59998
district's computation shall be zero.	59999

(2)(a) For each school district for which the tax exempt	60000
value of the district equals or exceeds twenty-five per cent of	60001
the potential value of the district, the department of education	60002
shall calculate the difference between the district's tax exempt	60003
value and twenty-five per cent of the district's potential value.	60004

(b) For each school district to which division (A)(2)(a) of	60005
this section applies, the department shall adjust the recognized	60006
valuation used in the calculation under division (A)(1) of this	60007
section by subtracting from it the amount calculated under	60008
division (A)(2)(a) of this section.	60009

(B) As used in this section:

60010

(1) The "total special education weight" for a district means	60011
the sum of the following amounts:	60012

(a) The district's category one special education ADM	60013
multiplied by the multiple specified in division (A) of section	60014
3317.013 of the Revised Code;	60015

(b) The district's category two special education ADM	60016
multiplied by the multiple specified in division (B) of section	60017
3317.013 of the Revised Code;	60018

(c) The district's category three special education ADM	60019
multiplied by the multiple specified in division (C) of section	60020
3317.013 of the Revised Code;	60021

(d) The district's category four special education ADM	60022
multiplied by the multiple specified in division (D) of section	60023
3317.013 of the Revised Code;	60024

(e) The district's category five special education ADM	60025
multiplied by the multiple specified in division (E) of section	60026
3317.013 of the Revised Code;	60027

(f) The district's category six special education ADM	60028
multiplied by the multiple specified in division (F) of section	60029
3317.013 of the Revised Code.	60030

(2) "Related services" includes:

60031

(a) Child study, special education supervisors and	60032
coordinators, speech and hearing services, adaptive physical	60033
development services, occupational or physical therapy, teacher	60034
assistants for children with disabilities whose disabilities are	60035
described in division (B) of section 3317.013 or division (F)(3)	60036
of section 3317.02 of the Revised Code, behavioral intervention,	60037
interpreter services, work study, nursing services, and	60038
specialized integrative services as those terms are defined by the	60039
department;	60040

(b) Speech and language services provided to any student with	60041
a disability, including any student whose primary or only	60042
disability is a speech and language disability;	60043

(c) Any related service not specifically covered by other	60044
state funds but specified in federal law, including but not	60045
limited to, audiology and school psychological services;	60046

(d) Any service included in units funded under former	60047
division (O)(1) of section 3317.024 of the Revised Code;	60048

(e) Any other related service needed by children with	60049
disabilities in accordance with their individualized education	60050
programs.	60051

(3) The "total vocational education weight" for a district	60052
means the sum of the following amounts:	60053

(a) The district's category one vocational education ADM	60054
multiplied by the multiple specified in division (A) of section	60055
3317.014 of the Revised Code;	60056

(b) The district's category two vocational education ADM	60057
multiplied by the multiple specified in division (B) of section	60058
3317.014 of the Revised Code.	60059

(4) "Preschool scholarship ADM" means the number of preschool	60060
children with disabilities reported under division (B)(3)(h) of	60061
section 3317.03 of the Revised Code.	60062

(C)(1) The department shall compute and distribute state	60063
special education and related services additional weighted costs	60064
funds to each school district in accordance with the following	60065
formula:	60066

The district's state share percentage X	60067

the formula amount for the year for which	60068

the aid is calculated X the district's	60069

total special education weight	60070

(2) The attributed local share of special education and	60071
related services additional weighted costs equals:	60072

(1 - the district's state share percentage) X the district's	60073

total special education weight X the formula amount	60074

(3)(a) The department shall compute and pay in accordance	60075
with this division additional state aid to school districts for	60076
students in categories two through six special education ADM. If a	60077
district's costs for the fiscal year for a student in its	60078
categories two through six special education ADM exceed the	60079
threshold catastrophic cost for serving the student, the district	60080
may submit to the superintendent of public instruction	60081
documentation, as prescribed by the superintendent, of all its	60082
costs for that student. Upon submission of documentation for a	60083
student of the type and in the manner prescribed, the department	60084
shall pay to the district an amount equal to the sum of the	60085
following:	60086

(i) One-half of the district's costs for the student in	60087
excess of the threshold catastrophic cost;	60088

(ii) The product of one-half of the district's costs for the	60089
student in excess of the threshold catastrophic cost multiplied by	60090
the district's state share percentage.	60091

(b) For purposes of division (C)(3)(a) of this section, the	60092
threshold catastrophic cost for serving a student equals:	60093

(i) For a student in the school district's category two,	60094
three, four, or five special education ADM, twenty-seven thousand	60095
three hundred seventy-five dollars;	60096

(ii) For a student in the district's category six special	60097
education ADM, thirty-two thousand eight hundred fifty dollars.	60098

(c) The district shall only report under division (C)(3)(a)	60099
of this section, and the department shall only pay for, the costs	60100
of educational expenses and the related services provided to the	60101
student in accordance with the student's individualized education	60102
program. Any legal fees, court costs, or other costs associated	60103
with any cause of action relating to the student may not be	60104
included in the amount.	60105

(4)(a) As used in this division, the "personnel allowance"	60106
means thirty thousand dollars in fiscal years 2008 and 2009.	60107

(b) For the provision of speech language pathology services	60108
to students, including students who do not have individualized	60109
education programs prepared for them under Chapter 3323. of the	60110
Revised Code, and for no other purpose, the department of	60111
education shall pay each school district an amount calculated	60112
under the following formula:	60113

(formula ADM divided by 2000) X	60114

the personnel allowance X	60115

the state share percentage	60116

(5) In any fiscal year, a school district shall spend for	60117
purposes that the department designates as approved for special	60118
education and related services expenses at least the amount	60119
calculated as follows:	60120

(formula amount X the sum of categories	60121

one through six special education ADM) +	60122

(total special education weight X formula amount)	60123

The purposes approved by the department for special education	60124
expenses shall include, but shall not be limited to,	60125
identification of children with disabilities, compliance with	60126
state rules governing the education of children with disabilities	60127
and prescribing the continuum of program options for children with	60128
disabilities, provision of speech language pathology services, and	60129
the portion of the school district's overall administrative and	60130
overhead costs that are attributable to the district's special	60131
education student population.	60132

The scholarships deducted from the school district's account	60133
under section 3310.41 of the Revised Code shall be considered to	60134
be an approved special education and related services expense for	60135
the purpose of the school district's compliance with division	60136
(C)(5) of this section.	60137

The department shall require school districts to report data	60138
annually to allow for monitoring compliance with division (C)(5)	60139
of this section. The department shall annually report to the	60140
governor and the general assembly the amount of money spent by	60141
each school district for special education and related services.	60142

(6) In any fiscal year, a school district shall spend for the	60143
provision of speech language pathology services not less than the	60144
sum of the amount calculated under division (C)(1) of this section	60145
for the students in the district's category one special education	60146
ADM and the amount calculated under division (C)(4) of this	60147
section.	60148

(D)(1) ~~As used in this division:~~

60149

~~(a) "Daily bus miles per student" equals the number of bus~~	60150
~~miles traveled per day, divided by transportation base.~~	60151

~~(b) "Transportation base" equals total student count as~~	60152
~~defined in section 3301.011 of the Revised Code, minus the number~~	60153
~~of students enrolled in units for preschool children with~~	60154
~~disabilities, plus the number of nonpublic school students~~	60155
~~included in transportation ADM.~~	60156

~~(c) "Transported student percentage" equals transportation~~	60157
~~ADM divided by transportation base.~~	60158

~~(d) "Transportation cost per student" equals total operating~~	60159
~~costs for board-owned or contractor-operated school buses divided~~	60160
~~by transportation base.~~	60161

~~(2) Analysis of student transportation cost data has resulted~~	60162
~~in a finding that an average efficient transportation use cost per~~	60163
~~student can be calculated by means of a regression formula that~~	60164
~~has as its two independent variables the number of daily bus miles~~	60165
~~per student and the transported student percentage. For fiscal~~	60166
~~year 1998 transportation cost data, the average efficient~~	60167
~~transportation use cost per student is expressed as follows:~~	60168

~~51.79027 + (139.62626 X daily bus miles per student) +~~	60169

~~(116.25573 X transported student percentage)~~	60170

~~The department of education shall annually determine the~~	60171
~~average efficient transportation use cost per student in~~	60172
~~accordance with the principles stated in division (D)(2) of this~~	60173
~~section, updating the intercept and regression coefficients of the~~	60174
~~regression formula modeled in this division, based on an annual~~	60175
~~statewide analysis of each school district's daily bus miles per~~	60176
~~student, transported student percentage, and transportation cost~~	60177
~~per student data. The department shall conduct the annual update~~	60178
~~using data, including daily bus miles per student, transported~~	60179
~~student percentage, and transportation cost per student data, from~~	60180
~~the prior fiscal year. The department shall notify the office of~~	60181
~~budget and management of such update by the fifteenth day of~~	60182
~~February of each year.~~	60183

~~(3) In addition to funds paid under divisions (A), (C), and~~	60184
~~(E) of this section, each district with a transported student~~	60185
~~percentage greater than zero shall receive a payment equal to a~~	60186
~~percentage of the product of the district's transportation base~~	60187
~~from the prior fiscal year times the annually updated average~~	60188
~~efficient transportation use cost per student, times an inflation~~	60189
~~factor of two and eight-tenths per cent to account for the~~	60190
~~one-year difference between the data used in updating the formula~~	60191
~~and calculating the payment and the year in which the payment is~~	60192
~~made. The percentage shall be the following percentage of that~~	60193
~~product specified for the corresponding fiscal year:~~	60194

~~FISCAL YEAR~~	~~PERCENTAGE~~	60195
~~2000~~	~~52.5%~~	60196
~~2001~~	~~55%~~	60197
~~2002~~	~~57.5%~~	60198
~~2003 and thereafter~~	~~The greater of 60% or the district's state share percentage~~	60199

~~The payments made under division (D)(3) of this section each~~	60200
~~year shall be calculated based on all of the same prior year's~~	60201
~~data used to update the formula.~~	60202

~~(4) In addition to funds paid under divisions (D)(2) and (3)~~	60203
~~of this section, a school district shall receive a rough road~~	60204
~~subsidy if both of the following apply:~~	60205

~~(a) Its county rough road percentage is higher than the~~	60206
~~statewide rough road percentage, as those terms are defined in~~	60207
~~division (D)(5) of this section;~~	60208

~~(b) Its district student density is lower than the statewide~~	60209
~~student density, as those terms are defined in that division.~~	60210

~~(5) The rough road subsidy paid to each district meeting the~~	60211
~~qualifications of division (D)(4) of this section shall be~~	60212
~~calculated in accordance with the following formula:~~	60213

~~(per rough mile subsidy X total rough road miles)~~	60214

~~X density multiplier~~	60215

~~where:~~

60216

~~(a) "Per rough mile subsidy" equals the amount calculated in~~	60217
~~accordance with the following formula:~~	60218

~~0.75 - {0.75 X [(maximum rough road percentage -~~	60219

~~county rough road percentage)/(maximum rough road~~	60220

~~percentage - statewide rough road percentage)]}~~	60221

~~(i) "Maximum rough road percentage" means the highest county~~	60222
~~rough road percentage in the state.~~	60223

~~(ii) "County rough road percentage" equals the percentage of~~	60224
~~the mileage of state, municipal, county, and township roads that~~	60225
~~is rated by the department of transportation as type A, B, C, E2,~~	60226
~~or F in the county in which the school district is located or, if~~	60227
~~the district is located in more than one county, the county to~~	60228
~~which it is assigned for purposes of determining its~~	60229
~~cost-of-doing-business factor.~~	60230

~~(iii) "Statewide rough road percentage" means the percentage~~	60231
~~of the statewide total mileage of state, municipal, county, and~~	60232
~~township roads that is rated as type A, B, C, E2, or F by the~~	60233
~~department of transportation.~~	60234

~~(b) "Total rough road miles" means a school district's total~~	60235
~~bus miles traveled in one year times its county rough road~~	60236
~~percentage.~~	60237

~~(c) "Density multiplier" means a figure calculated in~~	60238
~~accordance with the following formula:~~	60239

~~1 - [(minimum student density - district student~~	60240

~~density)/(minimum student density -~~	60241

~~statewide student density)]~~	60242

~~(i) "Minimum student density" means the lowest district~~	60243
~~student density in the state.~~	60244

~~(ii) "District student density" means a school district's~~	60245
~~transportation base divided by the number of square miles in the~~	60246
~~district.~~	60247

~~(iii) "Statewide student density" means the sum of the~~	60248
~~transportation bases for all school districts divided by the sum~~	60249
~~of the square miles in all school districts.~~	60250

~~(6) In addition to funds paid under divisions (D)(2) to (5)~~	60251
~~of this section, each district shall receive in accordance with~~	60252
~~rules adopted by the state board of education a payment for~~	60253
~~students transported by means other than board-owned or~~	60254
~~contractor-operated buses and whose transportation is not funded~~	60255
~~under division (G) of section 3317.024 of the Revised Code. The~~	60256
~~rules shall include provisions for school district reporting of~~	60257
~~such students.~~	60258

~~(E)(1)~~ The department shall compute and distribute state	60259
vocational education additional weighted costs funds to each	60260
school district in accordance with the following formula:	60261

state share percentage X	60262

the formula amount X	60263

total vocational education weight	60264

In any fiscal year, a school district receiving funds under	60265
division ~~(E)~~(D)(1) of this section shall spend those funds only	60266
for the purposes that the department designates as approved for	60267
vocational education expenses. Vocational educational expenses	60268
approved by the department shall include only expenses connected	60269
to the delivery of career-technical programming to	60270
career-technical students. The department shall require the school	60271
district to report data annually so that the department may	60272
monitor the district's compliance with the requirements regarding	60273
the manner in which funding received under division ~~(E)~~(D)(1) of	60274
this section may be spent.	60275

(2) The department shall compute for each school district	60276
state funds for vocational education associated services in	60277
accordance with the following formula:	60278

state share percentage X .05 X the formula amount X	60279

the sum of categories one and two vocational education ADM	60280

In any fiscal year, a school district receiving funds under	60281
division ~~(E)~~(D)(2) of this section, or through a transfer of funds	60282
pursuant to division ~~(L)~~(I) of section 3317.023 of the Revised	60283
Code, shall spend those funds only for the purposes that the	60284
department designates as approved for vocational education	60285
associated services expenses, which may include such purposes as	60286
apprenticeship coordinators, coordinators for other vocational	60287
education services, vocational evaluation, and other purposes	60288
designated by the department. The department may deny payment	60289
under division ~~(E)~~(D)(2) of this section to any district that the	60290
department determines is not operating those services or is using	60291
funds paid under division ~~(E)~~(D)(2) of this section, or through a	60292
transfer of funds pursuant to division ~~(L)~~(I) of section 3317.023	60293
of the Revised Code, for other purposes.	60294

~~(F)~~(E) The actual local share in any fiscal year for the	60295
combination of special education and related services additional	60296
weighted costs funding calculated under division (C)(1) of this	60297
section, transportation ~~funding~~base payment calculated under	60298
divisions ~~(D)(2) and (3)~~division (E) of ~~this~~ section 3317.0212 of	60299
the Revised Code, and vocational education and associated services	60300
additional weighted costs funding calculated under divisions	60301
~~(E)~~(D)(1) and (2) of this section shall not exceed for any school	60302
district the product of three and three-tenths mills times the	60303
district's recognized valuation. The department annually shall pay	60304
each school district as an excess cost supplement any amount by	60305
which the sum of the district's attributed local shares for that	60306
funding exceeds that product. For purposes of calculating the	60307
excess cost supplement:	60308

(1) The attributed local share for special education and	60309
related services additional weighted costs funding is the amount	60310
specified in division (C)(2) of this section.	60311

(2) The attributed local share of the district's	60312
transportation ~~funding~~base payment equals the difference of the	60313
total amount calculated for the district ~~using the formula~~	60314
~~developed~~ under division ~~(D)(2)~~(E) of ~~this~~ section 3317.0212 of	60315
the Revised Code minus the actual amount paid to the district	60316
after applying the percentage specified in division ~~(D)~~(E)(3) of	60317
~~this~~that section.	60318

(3) The attributed local share of vocational education and	60319
associated services additional weighted costs funding is the	60320
amount determined as follows:	60321

(1 - state share percentage) X	60322

[(total vocational education weight X	60323

the formula amount) + the payment under	60324

division ~~(E)~~(D)(2) of this section]	60325

Sec. 3317.023. (A) The amounts required to be paid to a	60326
district under this chapter ~~and Chapter 3306. of the Revised Code~~	60327
shall be adjusted by the amount of the computations made under	60328
divisions (B) to ~~(N)~~(K) of this section. ~~The department of~~	60329
~~education shall not make payments or adjustments under divisions~~	60330
~~(B), (C), and (D) of this section for any fiscal year after fiscal~~	60331
~~year 2009.~~	60332

As used in this section:

60333

(1) ~~"Classroom teacher" means a licensed employee who~~	60334
~~provides direct instruction to pupils, excluding teachers funded~~	60335
~~from money paid to the district from federal sources; educational~~	60336
~~service personnel; and vocational and special education teachers.~~	60337

~~(2) "Educational service personnel" shall not include such~~	60338
~~specialists funded from money paid to the district from federal~~	60339
~~sources or assigned full-time to vocational or special education~~	60340
~~students and classes and may only include those persons employed~~	60341
~~in the eight specialist areas in a pattern approved by the~~	60342
~~department of education under guidelines established by the state~~	60343
~~board of education.~~	60344

~~(3) "Annual salary" means the annual base salary stated in~~	60345
~~the state minimum salary schedule for the performance of the~~	60346
~~teacher's regular teaching duties that the teacher earns for~~	60347
~~services rendered for the first full week of October of the fiscal~~	60348
~~year for which the adjustment is made under division (C) of this~~	60349
~~section. It shall not include any salary payments for supplemental~~	60350
~~teachers contracts.~~	60351

~~(4) "Regular student population" means the formula ADM plus~~	60352
~~the number of students reported as enrolled in the district~~	60353
~~pursuant to division (A)(1) of section 3313.981 of the Revised~~	60354
~~Code; minus the number of students reported under division (A)(2)~~	60355
~~of section 3317.03 of the Revised Code; minus the FTE of students~~	60356
~~reported under division (B)(6), (7), (8), (9), (10), (11), or (12)~~	60357
~~of that section who are enrolled in a vocational education class~~	60358
~~or receiving special education; and minus twenty per cent of the~~	60359
~~students enrolled concurrently in a joint vocational school~~	60360
~~district.~~	60361

~~(5)~~ "VEPD" means a school district or group of school	60362
districts designated by the department of education as being	60363
responsible for the planning for and provision of vocational	60364
education services to students within the district or group.	60365

~~(6)~~(2) "Lead district" means a school district, including a	60366
joint vocational school district, designated by the department as	60367
a VEPD, or designated to provide primary vocational education	60368
leadership within a VEPD composed of a group of districts.	60369

(B) ~~If the district employs less than one full-time~~	60370
~~equivalent classroom teacher for each twenty-five pupils in the~~	60371
~~regular student population in any school district, deduct the sum~~	60372
~~of the amounts obtained from the following computations:~~	60373

~~(1) Divide the number of the district's full-time equivalent~~	60374
~~classroom teachers employed by one twenty-fifth;~~	60375

~~(2) Subtract the quotient in (1) from the district's regular~~	60376
~~student population;~~	60377

~~(3) Multiply the difference in (2) by seven hundred fifty-two~~	60378
~~dollars.~~	60379

~~(C) If a positive amount, add one-half of the amount obtained~~	60380
~~by multiplying the number of full-time equivalent classroom~~	60381
~~teachers by:~~	60382

~~(1) The mean annual salary of all full-time equivalent~~	60383
~~classroom teachers employed by the district at their respective~~	60384
~~training and experience levels minus;~~	60385

~~(2) The mean annual salary of all such teachers at their~~	60386
~~respective levels in all school districts receiving payments under~~	60387
~~this section.~~	60388

~~The number of full-time equivalent classroom teachers used in~~	60389
~~this computation shall not exceed one twenty-fifth of the~~	60390
~~district's regular student population. In calculating the~~	60391
~~district's mean salary under this division, those full-time~~	60392
~~equivalent classroom teachers with the highest training level~~	60393
~~shall be counted first, those with the next highest training level~~	60394
~~second, and so on, in descending order. Within the respective~~	60395
~~training levels, teachers with the highest years of service shall~~	60396
~~be counted first, the next highest years of service second, and so~~	60397
~~on, in descending order.~~	60398

~~(D) This division does not apply to a school district that~~	60399
~~has entered into an agreement under division (A) of section~~	60400
~~3313.42 of the Revised Code. Deduct the amount obtained from the~~	60401
~~following computations if the district employs fewer than five~~	60402
~~full-time equivalent educational service personnel, including~~	60403
~~elementary school art, music, and physical education teachers,~~	60404
~~counselors, librarians, visiting teachers, school social workers,~~	60405
~~and school nurses for each one thousand pupils in the regular~~	60406
~~student population:~~	60407

~~(1) Divide the number of full-time equivalent educational~~	60408
~~service personnel employed by the district by five~~	60409
~~one-thousandths;~~	60410

~~(2) Subtract the quotient in (1) from the district's regular~~	60411
~~student population;~~	60412

~~(3) Multiply the difference in (2) by ninety-four dollars.~~

60413

~~(E)~~ If a local school district, or a city or exempted village	60414
school district to which a governing board of an educational	60415
service center provides services pursuant to section 3313.843 of	60416
the Revised Code, deduct the amount of the payment required for	60417
the reimbursement of the governing board under section 3317.11 of	60418
the Revised Code.	60419

~~(F)~~(C)(1) If the district is required to pay to or entitled	60420
to receive tuition from another school district under division	60421
(C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised	60422
Code, or if the superintendent of public instruction is required	60423
to determine the correct amount of tuition and make a deduction or	60424
credit under section 3317.08 of the Revised Code, deduct and	60425
credit such amounts as provided in division (J) of section 3313.64	60426
or section 3317.08 of the Revised Code.	60427

(2) For each child for whom the district is responsible for	60428
tuition or payment under division (A)(1) of section 3317.082 or	60429
section 3323.091 of the Revised Code, deduct the amount of tuition	60430
or payment for which the district is responsible.	60431

~~(G)~~(D) If the district has been certified by the	60432
superintendent of public instruction under section 3313.90 of the	60433
Revised Code as not in compliance with the requirements of that	60434
section, deduct an amount equal to ten per cent of the amount	60435
computed for the district under ~~Chapter 3306. of the Revised Code~~	60436
this chapter.	60437

~~(H)~~(E) If the district has received a loan from a commercial	60438
lending institution for which payments are made by the	60439
superintendent of public instruction pursuant to division (E)(3)	60440
of section 3313.483 of the Revised Code, deduct an amount equal to	60441
such payments.	60442

~~(I)~~(F)(1) If the district is a party to an agreement entered	60443
into under division (D), (E), or (F) of section 3311.06 or	60444
division (B) of section 3311.24 of the Revised Code and is	60445
obligated to make payments to another district under such an	60446
agreement, deduct an amount equal to such payments if the district	60447
school board notifies the department in writing that it wishes to	60448
have such payments deducted.	60449

(2) If the district is entitled to receive payments from	60450
another district that has notified the department to deduct such	60451
payments under division ~~(I)~~(F)(1) of this section, add the amount	60452
of such payments.	60453

~~(J)~~(G) If the district is required to pay an amount of funds	60454
to a cooperative education district pursuant to a provision	60455
described by division (B)(4) of section 3311.52 or division (B)(8)	60456
of section 3311.521 of the Revised Code, deduct such amounts as	60457
provided under that provision and credit those amounts to the	60458
cooperative education district for payment to the district under	60459
division (B)(1) of section 3317.19 of the Revised Code.	60460

~~(K)~~(H)(1) If a district is educating a student entitled to	60461
attend school in another district pursuant to a shared education	60462
contract, compact, or cooperative education agreement other than	60463
an agreement entered into pursuant to section 3313.842 of the	60464
Revised Code, credit to that educating district on an FTE basis	60465
both of the following:	60466

(a) An amount equal to the formula amount.

60467

(b) An amount equal to ~~the current formula amount~~$5,732	60468
times the state share percentage times any multiple applicable to	60469
the student for fiscal year 2009 pursuant to section ~~3306.11~~	60470
3317.013 or 3317.014 of the Revised Code, as those sections	60471
existed for that fiscal year.	60472

(2) Deduct any amount credited pursuant to division ~~(K)~~(H)(1)	60473
of this section from amounts paid to the school district in which	60474
the student is entitled to attend school pursuant to section	60475
3313.64 or 3313.65 of the Revised Code.	60476

(3) If the district is required by a shared education	60477
contract, compact, or cooperative education agreement to make	60478
payments to an educational service center, deduct the amounts from	60479
payments to the district and add them to the amounts paid to the	60480
service center pursuant to section 3317.11 of the Revised Code.	60481

~~(L)~~(I)(1) If a district, including a joint vocational school	60482
district, is a lead district of a VEPD, credit to that district	60483
the following amounts calculated for all the school districts	60484
within that VEPD ~~pursuant to~~:	60485

(a) In any fiscal year except fiscal year 2012 or 2013, the	60486
amount computed under division ~~(E)~~(D)(2) of section 3317.022 of	60487
the Revised Code.;	60488

(b) In fiscal years 2012 and 2013, an amount equal to the	60489
following:	60490

state share percentage X .05 X $5,732 X	60491

the sum of categories one	60492

and two vocational education ADM	60493

(2) Deduct from each appropriate district that is not a lead	60494
district, the amount attributable to that district that is	60495
credited to a lead district under division ~~(L)~~(I)(1) of this	60496
section.	60497

~~(M)~~(J) If the department pays a joint vocational school	60498
district under division (G)(4) of section 3317.16 of the Revised	60499
Code for excess costs of providing special education and related	60500
services to a student with a disability, as calculated under	60501
division (G)(2) of that section, the department shall deduct the	60502
amount of that payment from the city, local, or exempted village	60503
school district that is responsible as specified in that section	60504
for the excess costs.	60505

~~(N)~~(K)(1) If the district reports an amount of excess cost	60506
for special education services for a child under division (C) of	60507
section 3323.14 of the Revised Code, the department shall pay that	60508
amount to the district.	60509

(2) If the district reports an amount of excess cost for	60510
special education services for a child under division (C) of	60511
section 3323.14 of the Revised Code, the department shall deduct	60512
that amount from the district of residence of that child.	60513

Sec. 3317.024. The following shall be distributed monthly,	60514
quarterly, or annually as may be determined by the state board of	60515
education~~, except that the department of education shall not make~~	60516
~~payments under divisions (F) and (N) of this section for any~~	60517
~~fiscal year after fiscal year 2009 or under division (L) of this~~	60518
~~section for fiscal year 2010 or 2011~~:	60519

(A) An amount for each island school district and each joint	60520
state school district for the operation of each high school and	60521
each elementary school maintained within such district and for	60522
capital improvements for such schools. Such amounts shall be	60523
determined on the basis of standards adopted by the state board of	60524
education. However, for fiscal years 2012 and 2013, an island	60525
district shall receive the lesser of its actual cost of operation,	60526
as certified to the department of education, or ninety-three per	60527
cent of the amount the district received in state operating	60528
funding for fiscal year 2011. If an island district received no	60529
funding for fiscal year 2011, it shall receive no funding for	60530
either of fiscal year 2012 or 2013.	60531

(B) ~~An amount for each school district operating classes for~~	60532
~~children of migrant workers who are unable to be in attendance in~~	60533
~~an Ohio school during the entire regular school year. The amounts~~	60534
~~shall be determined on the basis of standards adopted by the state~~	60535
~~board of education, except that payment shall be made only for~~	60536
~~subjects regularly offered by the school district providing the~~	60537
~~classes.~~	60538

~~(C) An amount for each school district with guidance,~~	60539
~~testing, and counseling programs approved by the state board of~~	60540
~~education. The amount shall be determined on the basis of~~	60541
~~standards adopted by the state board of education.~~	60542

~~(D) An amount for the emergency purchase of school buses as~~	60543
~~provided for in section 3317.07 of the Revised Code;~~	60544

~~(E)~~ An amount for each school district required to pay	60545
tuition for a child in an institution maintained by the department	60546
of youth services pursuant to section 3317.082 of the Revised	60547
Code, provided the child was not included in the calculation of	60548
the district's average daily membership for the preceding school	60549
year.	60550

~~(F) An amount for adult basic literacy education for each~~	60551
~~district participating in programs approved by the state board of~~	60552
~~education. The amount shall be determined on the basis of~~	60553
~~standards adopted by the state board of education.~~	60554

~~(G)~~(C) An amount for the approved cost of transporting	60555
eligible pupils with disabilities attending a special education	60556
program approved by the department of education whom it is	60557
impossible or impractical to transport by regular school bus in	60558
the course of regular route transportation provided by the school	60559
district or educational service center. No district or service	60560
center is eligible to receive a payment under this division for	60561
the cost of transporting any pupil whom it transports by regular	60562
school bus and who is included in the district's transportation	60563
ADM. The state board of education shall establish standards and	60564
guidelines for use by the department of education in determining	60565
the approved cost of such transportation for each district or	60566
service center.	60567

~~(H)~~(D) An amount to each school district, including each	60568
cooperative education school district, pursuant to section 3313.81	60569
of the Revised Code to assist in providing free lunches to needy	60570
children ~~and an amount to assist needy school districts in~~	60571
~~purchasing necessary equipment for food preparation~~. The amounts	60572
shall be determined on the basis of rules adopted by the state	60573
board of education.	60574

~~(I)~~(E) An amount to each school district, for each pupil	60575
attending a chartered nonpublic elementary or high school within	60576
the district. The amount shall equal the amount appropriated for	60577
the implementation of section 3317.06 of the Revised Code divided	60578
by the average daily membership in grades kindergarten through	60579
twelve in nonpublic elementary and high schools within the state	60580
as determined during the first full week in October of each school	60581
year.	60582

~~(J)~~(F) An amount for each county DD board, distributed on the	60583
basis of standards adopted by the state board of education, for	60584
the approved cost of transportation required for children	60585
attending special education programs operated by the county DD	60586
board under section 3323.09 of the Revised Code;	60587

~~(K) An amount for each school district that establishes a~~	60588
~~mentor teacher program that complies with rules of the state board~~	60589
~~of education. No school district shall be required to establish or~~	60590
~~maintain such a program in any year unless sufficient funds are~~	60591
~~appropriated to cover the district's total costs for the program.~~	60592

~~(L) An amount to each school district or educational service~~	60593
~~center for the total number of gifted units approved pursuant to~~	60594
~~section 3317.05 of the Revised Code. The amount for each such unit~~	60595
~~shall be the sum of the minimum salary for the teacher of the~~	60596
~~unit, calculated on the basis of the teacher's training level and~~	60597
~~years of experience pursuant to the salary schedule prescribed in~~	60598
~~the version of section 3317.13 of the Revised Code in effect prior~~	60599
~~to July 1, 2001, plus fifteen per cent of that minimum salary~~	60600
~~amount, plus two thousand six hundred seventy-eight dollars.~~	60601

~~(M)~~(G) An amount to each institution defined under section	60602
3317.082 of the Revised Code providing elementary or secondary	60603
education to children other than children receiving special	60604
education under section 3323.091 of the Revised Code. This amount	60605
for any institution in any fiscal year shall equal the total of	60606
all tuition amounts required to be paid to the institution under	60607
division (A)(1) of section 3317.082 of the Revised Code.	60608

~~(N) A grant to each school district and joint vocational~~	60609
~~school district that operates a "graduation, reality, and~~	60610
~~dual-role skills" (GRADS) program for pregnant and parenting~~	60611
~~students that is approved by the department. The amount of the~~	60612
~~payment shall be the district's state share percentage, as defined~~	60613
~~in section 3317.022 or 3317.16 of the Revised Code, times the~~	60614
~~GRADS personnel allowance times the full-time-equivalent number of~~	60615
~~GRADS teachers approved by the department. The GRADS personnel~~	60616
~~allowance is $47,555 in fiscal years 2008 and 2009. The GRADS~~	60617
~~program shall include instruction on adoption as an option for~~	60618
~~unintended pregnancies.~~	60619

The state board of education or any other board of education	60620
or governing board may provide for any resident of a district or	60621
educational service center territory any educational service for	60622
which funds are made available to the board by the United States	60623
under the authority of public law, whether such funds come	60624
directly or indirectly from the United States or any agency or	60625
department thereof or through the state or any agency, department,	60626
or political subdivision thereof.	60627

Sec. 3317.025. On or before the first day of June of each	60628
year, the tax commissioner shall certify the following information	60629
to the department of education and the office of budget and	60630
management, for each school district in which the value of the	60631
property described under division (A) of this section exceeds one	60632
per cent of the taxable value of all real and tangible personal	60633
property in the district or in which is located tangible personal	60634
property designed for use or used in strip mining operations,	60635
whose taxable value exceeds five million dollars, and the taxes	60636
upon which the district is precluded from collecting by virtue of	60637
legal proceedings to determine the value of such property:	60638

(A) The total taxable value of all property in the district	60639
owned by a public utility or railroad that has filed a petition	60640
for reorganization under the "Bankruptcy Act," 47 Stat. 1474	60641
(1898), 11 U.S.C. 205, as amended, and all tangible personal	60642
property in the district designed for use or used in strip mining	60643
operations whose taxable value exceeds five million dollars upon	60644
which have not been paid in full on or before the first day of	60645
April of that calendar year all real and tangible personal	60646
property taxes levied for the preceding calendar year and which	60647
the district was precluded from collecting by virtue of	60648
proceedings under section 205 of said act or by virtue of legal	60649
proceedings to determine the tax liability of such strip mining	60650
equipment;	60651

(B) The percentage of the total operating taxes charged and	60652
payable for school district purposes levied against such valuation	60653
for the preceding calendar year that have not been paid by such	60654
date;	60655

(C) The product obtained by multiplying the value certified	60656
under division (A) of this section by the percentage certified	60657
under division (B) of this section. If the value certified under	60658
division (A) of this section includes taxable property owned by a	60659
public utility or railroad that has filed a petition for	60660
reorganization under the bankruptcy act, the amount used in making	60661
the calculation under this division shall be reduced by one per	60662
cent of the total value of all real and tangible personal property	60663
in the district or the value of the utility's or railroad's	60664
property, whichever is less.	60665

Upon receipt of the certification, the department shall	60666
recompute the payments required under ~~Chapter 3306. of the~~	60667
~~Revised Code~~this chapter in the manner the payments would have	60668
been computed if:	60669

(1) The amount certified under division (C) of this section	60670
was not subject to taxation by the district and was not included	60671
in the certification made under division (A)(1), (A)(2), or (D) of	60672
section 3317.021 of the Revised Code.	60673

(2) The amount of taxes charged and payable and unpaid and	60674
used to make the computation under division (B) of this section	60675
had not been levied and had not been used in the computation	60676
required by division (B) of section 3317.021 of the Revised Code.	60677
The department shall pay the district that amount in the ensuing	60678
fiscal year in lieu of the amounts computed under ~~Chapter 3306. of~~	60679
~~the Revised Code~~this chapter.	60680

If a school district received a grant from the catastrophic	60681
expenditures account pursuant to division (C) of section 3316.20	60682
of the Revised Code on the basis of the same circumstances for	60683
which a recomputation is made under this section, the amount of	60684
the recomputation shall be reduced and transferred in accordance	60685
with division (C) of section 3316.20 of the Revised Code.	60686

Sec. 3317.0210. (A) As used in this section:

60687

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	60688
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	60689

(2) "Chapter 11 corporation" means a corporation, company, or	60690
other business organization that has filed a petition for	60691
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	60692
Stat. 2626, 11 U.S.C. 1101, as amended.	60693

(3) "Uncollectable taxes" means property taxes payable in a	60694
calendar year by a Chapter 11 corporation on its property that a	60695
school district is precluded from collecting by virtue of	60696
proceedings under the Bankruptcy Reform Act.	60697

(4) "Basic state aid" means ~~the~~a school district's state	60698
education aid ~~calculated for a school district under Chapter 3306.~~	60699
~~of the Revised Code~~.	60700

(5) "Effective value" means the amount obtained by	60701
multiplying the total taxable value certified in a calendar year	60702
under section 3317.021 of the Revised Code by a fraction, the	60703
numerator of which is the total taxes charged and payable in that	60704
calendar year exclusive of the uncollectable taxes payable in that	60705
year, and the denominator of which is the total taxes charged and	60706
payable in that year.	60707

(6) "Total taxes charged and payable" has the same meaning	60708
given "taxes charged and payable" in section 3317.02 of the	60709
Revised Code.	60710

(B)(1) Between the first day of January and the first day of	60711
February of any year, a school district shall notify the	60712
department of education if it has uncollectable taxes payable in	60713
the preceding calendar year from one Chapter 11 corporation.	60714

(2) The department shall verify whether the district has such	60715
uncollectable taxes from such a corporation, and if the district	60716
does, shall immediately request the tax commissioner to certify	60717
the district's total taxes charged and payable in the preceding	60718
calendar year, and the tax commissioner shall certify that	60719
information to the department within thirty days after receiving	60720
the request. For the purposes of this section, taxes are payable	60721
in the calendar year that includes the day prescribed by law for	60722
their payment, including any lawful extension thereof.	60723

(C) Upon receiving the certification from the tax	60724
commissioner, the department shall determine whether the amount of	60725
uncollectable taxes from the corporation equals at least one per	60726
cent of the total taxes charged and payable as certified by the	60727
tax commissioner. If it does, the department shall compute the	60728
district's effective value and shall recompute the basic state aid	60729
payable to the district for the current fiscal year using the	60730
effective value in lieu of the total taxable value used to compute	60731
the basic state aid for the current fiscal year. The difference	60732
between the basic state aid amount originally computed for the	60733
district for the current fiscal year and the recomputed amount	60734
shall be paid to the district from the lottery profits education	60735
fund before the end of the current fiscal year.	60736

(D) Except as provided in division (E) of this section,	60737
amounts received by a school district under division (C) of this	60738
section shall be repaid to the department of education in any	60739
future year to the extent the district receives payments of	60740
uncollectable taxes in such future year. The district shall notify	60741
the department of any amount owed under this division.	60742

(E) If a school district received a grant from the	60743
catastrophic expenditures account pursuant to division (C) of	60744
section 3316.20 of the Revised Code on the basis of the same	60745
circumstances for which a recomputation is made under this	60746
section, the amount of the recomputation shall be reduced and	60747
transferred in accordance with division (C) of section 3316.20 of	60748
the Revised Code.	60749

Sec. 3317.0211. (A) As used in this section:

60750

(1) "Port authority" means any port authority as defined in	60751
section 4582.01 or 4582.21 of the Revised Code.	60752

(2) "Real property" includes public utility real property and	60753
"personal property" includes public utility personal property.	60754

(3) "Uncollected taxes" means property taxes charged and	60755
payable against the property of a port authority for a tax year	60756
that a school district has not collected.	60757

(4) "Basic state aid" means ~~the~~a school district's state	60758
education aid ~~calculated for a school district under Chapter 3306.~~	60759
~~of the Revised Code~~.	60760

(5) "Effective value" means the sum of the effective	60761
residential/agricultural real property value, the effective	60762
nonresidential/agricultural real property value, and the effective	60763
personal value.	60764

(6) "Effective residential/agricultural real property value"	60765
means, for a tax year, the amount obtained by multiplying the	60766
value for that year of residential/agricultural real property	60767
subject to taxation in the district by a fraction, the numerator	60768
of which is the total taxes charged and payable for that year	60769
against the residential/agricultural real property subject to	60770
taxation in the district, exclusive of the uncollected taxes for	60771
that year on all real property subject to taxation in the	60772
district, and the denominator of which is the total taxes charged	60773
and payable for that year against the residential/agricultural	60774
real property subject to taxation in the district.	60775

(7) "Effective nonresidential/agricultural real property	60776
value" means, for a tax year, the amount obtained by multiplying	60777
the value for that year of nonresidential/agricultural real	60778
property subject to taxation in the district by a fraction, the	60779
numerator of which is the total taxes charged and payable for that	60780
year against the nonresidential/agricultural real property subject	60781
to taxation in the district, exclusive of the uncollected taxes	60782
for that year on all real property subject to taxation in the	60783
district, and the denominator of which is the total taxes charged	60784
and payable for that year against the nonresidential/agricultural	60785
real property subject to taxation in the district.	60786

(8) "Effective personal value" means, for a tax year, the	60787
amount obtained by multiplying the value for that year certified	60788
under division (A)(2) of section 3317.021 of the Revised Code by a	60789
fraction, the numerator of which is the total taxes charged and	60790
payable for that year against personal property subject to	60791
taxation in the district, exclusive of the uncollected taxes for	60792
that year on that property, and the denominator of which is the	60793
total taxes charged and payable for that year against personal	60794
property subject to taxation in the district.	60795

(9) "Nonresidential/agricultural real property value" means,	60796
for a tax year, the sum of the values certified for a school	60797
district for that year under division (B)(2)(a) of this section,	60798
and "residential/agricultural real property value" means, for a	60799
tax year, the sum of the values certified for a school district	60800
under division (B)(2)(b) of this section.	60801

(10) "Taxes charged and payable against real property" means	60802
the taxes charged and payable against that property after making	60803
the reduction required by section 319.301 of the Revised Code.	60804

(11) "Total taxes charged and payable" has the same meaning	60805
given "taxes charged and payable" in section 3317.02 of the	60806
Revised Code.	60807

(B)(1) By the first day of August of any calendar year, a	60808
school district shall notify the department of education if it has	60809
any uncollected taxes from one port authority for the second	60810
preceding tax year whose taxes charged and payable represent at	60811
least one-half of one per cent of the district's total taxes	60812
charged and payable for that tax year.	60813

(2) The department shall verify whether the district has such	60814
uncollected taxes by the first day of September, and if the	60815
district does, shall immediately request the county auditor of	60816
each county in which the school district has territory to certify	60817
the following information concerning the district's property	60818
values and taxes for the second preceding tax year, and each such	60819
auditor shall certify that information to the department within	60820
thirty days of receiving the request:	60821

(a) The value of the property subject to taxation in the	60822
district that was classified as nonresidential/agricultural real	60823
property pursuant to section 5713.041 of the Revised Code, and the	60824
taxes charged and payable on that property; and	60825

(b) The value of the property subject to taxation in the	60826
district that was classified as residential/agricultural real	60827
property under section 5713.041 of the Revised Code.	60828

(C) By the fifteenth day of November, the department shall	60829
compute the district's effective nonresidential/agricultural real	60830
property value, effective residential/agricultural real property	60831
value, effective personal value, and effective value, and shall	60832
determine whether the school district's effective value for the	60833
second preceding tax year is at least one per cent less than its	60834
total value for that year certified under divisions (A)(1) and (2)	60835
of section 3317.021 of the Revised Code. If it is, the department	60836
shall recompute the basic state aid payable to the district for	60837
the immediately preceding fiscal year using the effective value in	60838
lieu of the amounts previously certified under section 3317.021 of	60839
the Revised Code. The difference between the original basic state	60840
aid amount computed for the district for the preceding fiscal year	60841
and the recomputed amount shall be paid to the district from the	60842
lottery profits education fund before the end of the current	60843
fiscal year.	60844

(D) Except as provided in division (E) of this section,	60845
amounts received by a school district under division (C) of this	60846
section shall be repaid to the department of education in any	60847
future year to the extent the district receives payments of	60848
uncollectable taxes in such future year. The department shall	60849
notify a district of any amount owed under this division.	60850

(E) If a school district received a grant from the	60851
catastrophic expenditures account pursuant to division (C) of	60852
section 3316.20 of the Revised Code on the basis of the same	60853
circumstances for which a recomputation is made under this	60854
section, the amount of the recomputation shall be reduced and	60855
transferred in accordance with division (C) of section 3316.20 of	60856
the Revised Code.	60857

~~Sec. 3306.12.~~ Sec. 3317.0212. ~~(A)~~The department of education shall	60858
make no payments under this section for fiscal year 2012 or 2013.	60859

(A) As used in this section:

60860

(1) "Assigned bus" means a school bus used to transport	60861
qualifying riders.	60862

(2) "Nontraditional ridership" means the average number of	60863
qualifying riders who are enrolled in a community school	60864
established under Chapter 3314. of the Revised Code, in a STEM	60865
school established under Chapter 3326. of the Revised Code, or in	60866
a nonpublic school and are provided school bus service by a school	60867
district during the first full week of October.	60868

(3) "Qualifying riders" means resident students enrolled in	60869
regular education in grades kindergarten to twelve who are	60870
provided school bus service by a school district and who live more	60871
than one mile from the school they attend, including students with	60872
dual enrollment in a joint vocational school district or a	60873
cooperative education school district, and students enrolled in a	60874
community school, STEM school, or nonpublic school.	60875

(4) "Qualifying ridership" means the average number of	60876
qualifying riders who are provided school bus service by a school	60877
district during the first full week of October.	60878

(5) "Rider density" means the number of qualifying riders per	60879
square mile of a school district.	60880

(6) "School bus service" means a school district's	60881
transportation of qualifying riders in any of the following types	60882
of vehicles:	60883

(a) School buses owned or leased by the district;

60884

(b) School buses operated by a private contractor hired by	60885
the district;	60886

(c) School buses operated by another school district or	60887
entity with which the district has contracted, either as part of a	60888
consortium for the provision of transportation or otherwise.	60889

(B) Not later than the fifteenth day of October each year,	60890
each city, local, and exempted village school district shall	60891
report to the department of education its qualifying ridership,	60892
nontraditional ridership, number of qualifying riders per assigned	60893
bus, and any other information requested by the department.	60894
Subsequent adjustments to the reported numbers shall be made only	60895
in accordance with rules adopted by the department.	60896

(C) The department shall calculate the statewide	60897
transportation cost per student as follows:	60898

(1) Determine each city, local, and exempted village school	60899
district's transportation cost per student by dividing the	60900
district's total costs for school bus service in the previous	60901
fiscal year by its qualifying ridership in the previous fiscal	60902
year.	60903

(2) After excluding districts that do not provide school bus	60904
service and the ten districts with the highest transportation	60905
costs per student and the ten districts with the lowest	60906
transportation costs per student, divide the aggregate cost for	60907
school bus service for the remaining districts in the previous	60908
fiscal year by the aggregate qualifying ridership of those	60909
districts in the previous fiscal year.	60910

(D) The department shall calculate the statewide	60911
transportation cost per mile as follows:	60912

(1) Determine each city, local, and exempted village school	60913
district's transportation cost per mile by dividing the district's	60914
total costs for school bus service in the previous fiscal year by	60915
its total number of miles driven for school bus service in the	60916
previous fiscal year.	60917

(2) After excluding districts that do not provide school bus	60918
service and the ten districts with the highest transportation	60919
costs per mile and the ten districts with the lowest	60920
transportation costs per mile, divide the aggregate cost for	60921
school bus service for the remaining districts in the previous	60922
fiscal year by the aggregate miles driven for school bus service	60923
in those districts in the previous fiscal year.	60924

(E) The department shall calculate each city, local, and	60925
exempted village school district's transportation base payment as	60926
follows:	60927

(1) Multiply the statewide transportation cost per student by	60928
the district's qualifying ridership for the current fiscal year.	60929

(2) Multiply the statewide transportation cost per mile by	60930
the district's total number of miles driven for school bus service	60931
in the current fiscal year.	60932

(3) Multiply the greater of the amounts calculated under	60933
divisions (E)(1) and (2) of this section by the greater of sixty	60934
per cent or the district's state share percentage, as defined in	60935
section 3317.02 of the Revised Code.	60936

(F) The department shall calculate each city, local, and	60937
exempted village school district's nontraditional ridership	60938
adjustment according to the following formula:	60939

(nontraditional ridership for the current fiscal year /	60940

qualifying ridership for the current fiscal year) X 0.1 X	60941

transportation base payment	60942

(G) If a city, local, ~~and~~or exempted village school district	60943
offers school bus service to all resident students who are	60944
enrolled in regular education in district schools in grades nine	60945
to twelve and who live more than one mile from the school they	60946
attend, the department shall calculate the district's high school	60947
ridership adjustment according to the following formula:	60948

0.025 X transportation base payment	60949

(H) If a city, local, ~~and~~or exempted village school district	60950
offers school bus service to students enrolled in grades	60951
kindergarten to eight who live more than one mile, but two miles	60952
or less, from the school they attend, the department shall	60953
calculate an additional adjustment according to the following	60954
formula:	60955

0.025 X transportation base payment	60956

(I)(1) The department annually shall establish a target	60957
number of qualifying riders per assigned bus for each city, local,	60958
and exempted village school district. The department shall use the	60959
most recently available data in establishing the target number.	60960
The target number shall be based on the statewide median number of	60961
qualifying riders per assigned bus as adjusted to reflect the	60962
district's rider density in comparison to the rider density of all	60963
other districts. The department shall post on the department's web	60964
site each district's target number of qualifying riders per	60965
assigned bus and a description of how the target number was	60966
determined.	60967

(2) The department shall determine each school district's	60968
efficiency index by dividing the district's median number of	60969
qualifying riders per assigned bus by its target number of	60970
qualifying riders per assigned bus.	60971

(3) The department shall determine each city, local, and	60972
exempted village school district's efficiency adjustment as	60973
follows:	60974

(a) If the district's efficiency index is equal to or greater	60975
than 1.5, the efficiency adjustment shall be calculated according	60976
to the following formula:	60977

0.1 X transportation base payment	60978

(b) If the district's efficiency index is less than 1.5 but	60979
equal to or greater than 1.0, the efficiency adjustment shall be	60980
calculated according to the following formula:	60981

[(efficiency index – 1) / 5] X transportation base payment	60982

(c) If the district's efficiency index is less than 1.0, the	60983
efficiency adjustment shall be zero.	60984

(J) The department shall pay each city, local, and exempted	60985
village school district the lesser of the following:	60986

(1) The sum of the amounts calculated under divisions (E) to	60987
(H) and (I)(3) of this section;	60988

(2) The district's total costs for school bus service for the	60989
prior fiscal year.	60990

(K) In addition to funds paid under division (J) of this	60991
section, each city, local, and exempted village district shall	60992
receive in accordance with rules adopted by the state board of	60993
education a payment for students transported by means other than	60994
school bus service and whose transportation is not funded under	60995
division ~~(G)~~(C) of section 3317.024 of the Revised Code. The rules	60996
shall include provisions for school district reporting of such	60997
students.	60998

~~(L)(1) In fiscal years 2010 and 2011, the department shall~~	60999
~~pay each district a pro rata portion of the amounts calculated~~	61000
~~under division (J) of this section and described in division (K)~~	61001
~~of this section, based on state appropriations.~~	61002

~~(2) In addition to the prorated payment under division (L)(1)~~	61003
~~of this section, in fiscal years 2010 and 2011, the department~~	61004
~~shall pay each school district that meets the conditions~~	61005
~~prescribed in division (L)(3) of this section an additional amount~~	61006
~~equal to the following product:~~	61007

~~(a) The difference of (i) the amounts calculated under~~	61008
~~division (J) of this section and prescribed in division (K) of~~	61009
~~this section minus (ii) that prorated payment; times~~	61010

~~(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.~~

61011

~~(3) Division (L)(2) of this section applies to each school~~	61012
~~district that meets all of the following conditions:~~	61013

~~(a) The district qualifies for the calculation of a payment~~	61014
~~under division (J) of this section because it transports students~~	61015
~~on board-owned or contractor-owned school buses.~~	61016

~~(b) The district's local wealth per pupil, calculated as~~	61017
~~prescribed in section 3317.0217 of the Revised Code, is at or~~	61018
~~below the median local wealth per pupil of all districts that~~	61019
~~qualify for calculation of a payment under division (J) of this~~	61020
~~section.~~	61021

~~(c) The district's rider density is at or below the median~~	61022
~~rider density of all districts that qualify for calculation of a~~	61023
~~payment under division (J) of this section.~~	61024

Sec. 3317.03. ~~The information certified and verified under~~	61025
~~this section shall be used to calculate payments under this~~	61026
~~chapter and Chapter 3306. of the Revised Code.~~	61027

(A) The superintendent of each city, local, and exempted	61028
village school district and of each educational service center	61029
shall, for the schools under the superintendent's supervision,	61030
certify to the state board of education on or before the fifteenth	61031
day of October in each year for the first full school week in	61032
October the average daily membership of students receiving	61033
services from schools under the superintendent's supervision, and	61034
the numbers of other students entitled to attend school in the	61035
district under section 3313.64 or 3313.65 of the Revised Code the	61036
superintendent is required to report under this section, so that	61037
the department of education can calculate the district's formula	61038
ADM. If a school under the superintendent's supervision is closed	61039
for one or more days during that week due to hazardous weather	61040
conditions or other circumstances described in the first paragraph	61041
of division (B) of section 3317.01 of the Revised Code, the	61042
superintendent may apply to the superintendent of public	61043
instruction for a waiver, under which the superintendent of public	61044
instruction may exempt the district superintendent from certifying	61045
the average daily membership for that school for that week and	61046
specify an alternate week for certifying the average daily	61047
membership of that school.	61048

The average daily membership during such week shall consist	61049
of the sum of the following:	61050

(1) On an FTE basis, the number of students in grades	61051
kindergarten through twelve receiving any educational services	61052
from the district, except that the following categories of	61053
students shall not be included in the determination:	61054

(a) Students enrolled in adult education classes;

61055

(b) Adjacent or other district students enrolled in the	61056
district under an open enrollment policy pursuant to section	61057
3313.98 of the Revised Code;	61058

(c) Students receiving services in the district pursuant to a	61059
compact, cooperative education agreement, or a contract, but who	61060
are entitled to attend school in another district pursuant to	61061
section 3313.64 or 3313.65 of the Revised Code;	61062

(d) Students for whom tuition is payable pursuant to sections	61063
3317.081 and 3323.141 of the Revised Code;	61064

(e) Students receiving services in the district through a	61065
scholarship awarded under either section 3310.41 or sections	61066
3310.51 to 3310.64 of the Revised Code.	61067

(2) On an FTE basis, the number of students entitled to	61068
attend school in the district pursuant to section 3313.64 or	61069
3313.65 of the Revised Code, but receiving educational services in	61070
grades kindergarten through twelve from one or more of the	61071
following entities:	61072

(a) A community school pursuant to Chapter 3314. of the	61073
Revised Code, including any participation in a college pursuant to	61074
Chapter 3365. of the Revised Code while enrolled in such community	61075
school;	61076

(b) An alternative school pursuant to sections 3313.974 to	61077
3313.979 of the Revised Code as described in division (I)(2)(a) or	61078
(b) of this section;	61079

(c) A college pursuant to Chapter 3365. of the Revised Code,	61080
except when the student is enrolled in the college while also	61081
enrolled in a community school pursuant to Chapter 3314. or a	61082
science, technology, engineering, and mathematics school	61083
established under Chapter 3326. of the Revised Code;	61084

(d) An adjacent or other school district under an open	61085
enrollment policy adopted pursuant to section 3313.98 of the	61086
Revised Code;	61087

(e) An educational service center or cooperative education	61088
district;	61089

(f) Another school district under a cooperative education	61090
agreement, compact, or contract;	61091

(g) A chartered nonpublic school with a scholarship paid	61092
under section 3310.08 of the Revised Code;	61093

(h) An alternative public provider or a registered private	61094
provider with a scholarship awarded under either section 3310.41	61095
or sections 3310.51 to 3310.64 of the Revised Code.	61096

As used in this section, "alternative public provider" and	61097
"registered private provider" have the same meanings as in section	61098
3310.41 or 3310.51 of the Revised Code, as applicable.	61099

(i) A science, technology, engineering, and mathematics	61100
school established under Chapter 3326. of the Revised Code,	61101
including any participation in a college pursuant to Chapter 3365.	61102
of the Revised Code while enrolled in the school;	61103

(j) A college-preparatory boarding school established under	61104
Chapter 3328. of the Revised Code.	61105

(3) The number of students enrolled in a joint vocational	61106
school district or under a vocational education compact, excluding	61107
any students entitled to attend school in the district under	61108
section 3313.64 or 3313.65 of the Revised Code who are enrolled in	61109
another school district through an open enrollment policy as	61110
reported under division (A)(2)(d) of this section and then enroll	61111
in a joint vocational school district or under a vocational	61112
education compact;	61113

(4) The number of children with disabilities, other than	61114
preschool children with disabilities, entitled to attend school in	61115
the district pursuant to section 3313.64 or 3313.65 of the Revised	61116
Code who are placed by the district with a county DD board, minus	61117
the number of such children placed with a county DD board in	61118
fiscal year 1998. If this calculation produces a negative number,	61119
the number reported under division (A)(4) of this section shall be	61120
zero.	61121

(B) To enable the department of education to obtain the data	61122
needed to complete the calculation of payments pursuant to this	61123
chapter ~~and Chapter 3306. of the Revised Code~~, in addition to the	61124
average daily membership, each superintendent shall report	61125
separately the following student counts for the same week for	61126
which average daily membership is certified:	61127

(1) The total average daily membership in regular learning	61128
day classes included in the report under division (A)(1) or (2) of	61129
this section for each of the individual grades kindergarten	61130
through twelve in schools under the superintendent's supervision;	61131

(2) The number of all preschool children with disabilities	61132
enrolled as of the first day of December in classes in the	61133
district that are eligible for approval under division (B) of	61134
section 3317.05 of the Revised Code and the number of those	61135
classes, which shall be reported not later than the fifteenth day	61136
of December, in accordance with rules adopted under that section;	61137

(3) The number of children entitled to attend school in the	61138
district pursuant to section 3313.64 or 3313.65 of the Revised	61139
Code who are:	61140

(a) Participating in a pilot project scholarship program	61141
established under sections 3313.974 to 3313.979 of the Revised	61142
Code as described in division (I)(2)(a) or (b) of this section;	61143

(b) Enrolled in a college under Chapter 3365. of the Revised	61144
Code, except when the student is enrolled in the college while	61145
also enrolled in a community school pursuant to Chapter 3314. or a	61146
science, technology, engineering, and mathematics school	61147
established under Chapter 3326. of the Revised Code;	61148

(c) Enrolled in an adjacent or other school district under	61149
section 3313.98 of the Revised Code;	61150

(d) Enrolled in a community school established under Chapter	61151
3314. of the Revised Code that is not an internet- or	61152
computer-based community school as defined in section 3314.02 of	61153
the Revised Code, including any participation in a college	61154
pursuant to Chapter 3365. of the Revised Code while enrolled in	61155
such community school;	61156

(e) Enrolled in an internet- or computer-based community	61157
school, as defined in section 3314.02 of the Revised Code,	61158
including any participation in a college pursuant to Chapter 3365.	61159
of the Revised Code while enrolled in the school;	61160

(f) Enrolled in a chartered nonpublic school with a	61161
scholarship paid under section 3310.08 of the Revised Code;	61162

(g) Enrolled in kindergarten through grade twelve in an	61163
alternative public provider or a registered private provider with	61164
a scholarship awarded under section 3310.41 of the Revised Code;	61165

(h) Enrolled as a preschool child with a disability in an	61166
alternative public provider or a registered private provider with	61167
a scholarship awarded under section 3310.41 of the Revised Code;	61168

(i) Participating in a program operated by a county DD board	61169
or a state institution;	61170

(j) Enrolled in a science, technology, engineering, and	61171
mathematics school established under Chapter 3326. of the Revised	61172
Code, including any participation in a college pursuant to Chapter	61173
3365. of the Revised Code while enrolled in the school;	61174

(k) Enrolled in a college-preparatory boarding school	61175
established under Chapter 3328. of the Revised Code.	61176

(4) The number of pupils enrolled in joint vocational	61177
schools;	61178

(5) The combined average daily membership of children with	61179
disabilities reported under division (A)(1) or (2) of this section	61180
receiving special education services for the category one	61181
disability described in division ~~(D)(1)~~(A) of section ~~3306.02~~	61182
3317.013 of the Revised Code, including children attending a	61183
special education program operated by an alternative public	61184
provider or a registered private provider with a scholarship	61185
awarded under sections 3310.51 to 3310.64 of the Revised Code;	61186

(6) The combined average daily membership of children with	61187
disabilities reported under division (A)(1) or (2) of this section	61188
receiving special education services for category two disabilities	61189
described in division ~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the	61190
Revised Code, including children attending a special education	61191
program operated by an alternative public provider or a registered	61192
private provider with a scholarship awarded under sections 3310.51	61193
to 3310.64 of the Revised Code;	61194

(7) The combined average daily membership of children with	61195
disabilities reported under division (A)(1) or (2) of this section	61196
receiving special education services for category three	61197
disabilities described in division ~~(D)(3)~~(C) of section ~~3306.02~~	61198
3317.013 of the Revised Code, including children attending a	61199
special education program operated by an alternative public	61200
provider or a registered private provider with a scholarship	61201
awarded under sections 3310.51 to 3310.64 of the Revised Code;	61202

(8) The combined average daily membership of children with	61203
disabilities reported under division (A)(1) or (2) of this section	61204
receiving special education services for category four	61205
disabilities described in division (D)~~(4)~~ of section ~~3306.02~~	61206
3317.013 of the Revised Code, including children attending a	61207
special education program operated by an alternative public	61208
provider or a registered private provider with a scholarship	61209
awarded under sections 3310.51 to 3310.64 of the Revised Code;	61210

(9) The combined average daily membership of children with	61211
disabilities reported under division (A)(1) or (2) of this section	61212
receiving special education services for the category five	61213
disabilities described in division ~~(D)(5)~~(E) of section ~~3306.02~~	61214
3317.013 of the Revised Code, including children attending a	61215
special education program operated by an alternative public	61216
provider or a registered private provider with a scholarship	61217
awarded under sections 3310.51 to 3310.64 of the Revised Code;	61218

(10) The combined average daily membership of children with	61219
disabilities reported under division (A)(1) or (2) and under	61220
division (B)(3)(h) of this section receiving special education	61221
services for category six disabilities described in division	61222
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code,	61223
including children attending a special education program operated	61224
by an alternative public provider or a registered private provider	61225
with a scholarship awarded under either section 3310.41 or	61226
sections 3310.51 to 3310.64 of the Revised Code;	61227

(11) The average daily membership of pupils reported under	61228
division (A)(1) or (2) of this section enrolled in category one	61229
vocational education programs or classes, described in division	61230
(A) of section 3317.014 of the Revised Code, operated by the	61231
school district or by another district, other than a joint	61232
vocational school district, or by an educational service center,	61233
excluding any student reported under division (B)(3)(e) of this	61234
section as enrolled in an internet- or computer-based community	61235
school, notwithstanding division (C) of section 3317.02 of the	61236
Revised Code and division (C)(3) of this section;	61237

(12) The average daily membership of pupils reported under	61238
division (A)(1) or (2) of this section enrolled in category two	61239
vocational education programs or services, described in division	61240
(B) of section 3317.014 of the Revised Code, operated by the	61241
school district or another school district, other than a joint	61242
vocational school district, or by an educational service center,	61243
excluding any student reported under division (B)(3)(e) of this	61244
section as enrolled in an internet- or computer-based community	61245
school, notwithstanding division (C) of section 3317.02 of the	61246
Revised Code and division (C)(3) of this section;	61247

Beginning with fiscal year 2010, vocational education ADM	61248
shall not be used to calculate a district's funding but shall be	61249
reported under divisions (B)(11) and (12) of this section for	61250
statistical purposes.	61251

(13) The average number of children transported by the school	61252
district on board-owned or contractor-owned and -operated buses,	61253
reported in accordance with rules adopted by the department of	61254
education;	61255

(14)(a) The number of children, other than preschool children	61256
with disabilities, the district placed with a county DD board in	61257
fiscal year 1998;	61258

(b) The number of children with disabilities, other than	61259
preschool children with disabilities, placed with a county DD	61260
board in the current fiscal year to receive special education	61261
services for the category one disability described in division	61262
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	61263

(c) The number of children with disabilities, other than	61264
preschool children with disabilities, placed with a county DD	61265
board in the current fiscal year to receive special education	61266
services for category two disabilities described in division	61267
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	61268

(d) The number of children with disabilities, other than	61269
preschool children with disabilities, placed with a county DD	61270
board in the current fiscal year to receive special education	61271
services for category three disabilities described in division	61272
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	61273

(e) The number of children with disabilities, other than	61274
preschool children with disabilities, placed with a county DD	61275
board in the current fiscal year to receive special education	61276
services for category four disabilities described in division	61277
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	61278

(f) The number of children with disabilities, other than	61279
preschool children with disabilities, placed with a county DD	61280
board in the current fiscal year to receive special education	61281
services for the category five disabilities described in division	61282
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	61283

(g) The number of children with disabilities, other than	61284
preschool children with disabilities, placed with a county DD	61285
board in the current fiscal year to receive special education	61286
services for category six disabilities described in division	61287
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code.	61288

(C)(1) The average daily membership in divisions (B)(1) to	61289
(12) of this section shall be based upon the number of full-time	61290
equivalent students. The state board of education shall adopt	61291
rules defining full-time equivalent students and for determining	61292
the average daily membership therefrom for the purposes of	61293
divisions (A), (B), and (D) of this section.	61294

(2) A student enrolled in a community school established	61295
under Chapter 3314. or, a science, technology, engineering, and	61296
mathematics school established under Chapter 3326., or a	61297
college-preparatory boarding school established under Chapter	61298
3328. of the Revised Code shall be counted in the formula ADM and,	61299
if applicable, the category one, two, three, four, five, or six	61300
special education ADM of the school district in which the student	61301
is entitled to attend school under section 3313.64 or 3313.65 of	61302
the Revised Code for the same proportion of the school year that	61303
the student is counted in the enrollment of the community school	61304
or, the science, technology, engineering, and mathematics school,	61305
or the college-preparatory boarding school for purposes of section	61306
3314.08 or, 3326.33, or 3328.24 of the Revised Code.	61307
Notwithstanding the number of students reported pursuant to	61308
division (B)(3)(d), (e), or (j), or (k) of this section, the	61309
department may adjust the formula ADM of a school district to	61310
account for students entitled to attend school in the district	61311
under section 3313.64 or 3313.65 of the Revised Code who are	61312
enrolled in a community school or, a science, technology,	61313
engineering, and mathematics school, or a college-preparatory	61314
boarding school for only a portion of the school year.	61315

(3) No child shall be counted as more than a total of one	61316
child in the sum of the average daily memberships of a school	61317
district under division (A), divisions (B)(1) to (12), or division	61318
(D) of this section, except as follows:	61319

(a) A child with a disability described in ~~division (D) of~~	61320
section ~~3306.02~~3317.013 of the Revised Code may be counted both	61321
in formula ADM and in category one, two, three, four, five, or six	61322
special education ADM and, if applicable, in category one or two	61323
vocational education ADM. As provided in division (C) of section	61324
3317.02 of the Revised Code, such a child shall be counted in	61325
category one, two, three, four, five, or six special education ADM	61326
in the same proportion that the child is counted in formula ADM.	61327

(b) A child enrolled in vocational education programs or	61328
classes described in section 3317.014 of the Revised Code may be	61329
counted both in formula ADM and category one or two vocational	61330
education ADM and, if applicable, in category one, two, three,	61331
four, five, or six special education ADM. Such a child shall be	61332
counted in category one or two vocational education ADM in the	61333
same proportion as the percentage of time that the child spends in	61334
the vocational education programs or classes.	61335

(4) Based on the information reported under this section, the	61336
department of education shall determine the total student count,	61337
as defined in section 3301.011 of the Revised Code, for each	61338
school district.	61339

(D)(1) The superintendent of each joint vocational school	61340
district shall certify to the superintendent of public instruction	61341
on or before the fifteenth day of October in each year for the	61342
first full school week in October the formula ADM, for purposes of	61343
section 3318.42 of the Revised Code and for any other purpose	61344
prescribed by law for which "formula ADM" of the joint vocational	61345
district is a factor. If a school operated by the joint vocational	61346
school district is closed for one or more days during that week	61347
due to hazardous weather conditions or other circumstances	61348
described in the first paragraph of division (B) of section	61349
3317.01 of the Revised Code, the superintendent may apply to the	61350
superintendent of public instruction for a waiver, under which the	61351
superintendent of public instruction may exempt the district	61352
superintendent from certifying the formula ADM for that school for	61353
that week and specify an alternate week for certifying the formula	61354
ADM of that school.	61355

The formula ADM, except as otherwise provided in this	61356
division, shall consist of the average daily membership during	61357
such week, on an FTE basis, of the number of students receiving	61358
any educational services from the district, including students	61359
enrolled in a community school established under Chapter 3314. or	61360
a science, technology, engineering, and mathematics school	61361
established under Chapter 3326. of the Revised Code who are	61362
attending the joint vocational district under an agreement between	61363
the district board of education and the governing authority of the	61364
community school or the governing body of the science, technology,	61365
engineering, and mathematics school and are entitled to attend	61366
school in a city, local, or exempted village school district whose	61367
territory is part of the territory of the joint vocational	61368
district.	61369

The following categories of students shall not be included in	61370
the determination made under division (D)(1) of this section:	61371

(a) Students enrolled in adult education classes;

61372

(b) Adjacent or other district joint vocational students	61373
enrolled in the district under an open enrollment policy pursuant	61374
to section 3313.98 of the Revised Code;	61375

(c) Students receiving services in the district pursuant to a	61376
compact, cooperative education agreement, or a contract, but who	61377
are entitled to attend school in a city, local, or exempted	61378
village school district whose territory is not part of the	61379
territory of the joint vocational district;	61380

(d) Students for whom tuition is payable pursuant to sections	61381
3317.081 and 3323.141 of the Revised Code.	61382

(2) InTo enable the department of education to obtain the	61383
data needed to complete the calculation of payments pursuant to	61384
this chapter, in addition to the formula ADM, each superintendent	61385
shall report separately the average daily membership included in	61386
the report under division (D)(1) of this section for each of the	61387
following categories of students for the same week for which	61388
formula ADM is certified:	61389

(a) Students enrolled in each individual grade included in	61390
the joint vocational district schools;	61391

(b) Children with disabilities receiving special education	61392
services for the category one disability described in division	61393
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code;	61394

(c) Children with disabilities receiving special education	61395
services for the category two disabilities described in division	61396
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code;	61397

(d) Children with disabilities receiving special education	61398
services for category three disabilities described in division	61399
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code;	61400

(e) Children with disabilities receiving special education	61401
services for category four disabilities described in division	61402
(D)~~(4)~~ of section ~~3306.02~~3317.013 of the Revised Code;	61403

(f) Children with disabilities receiving special education	61404
services for the category five disabilities described in division	61405
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code;	61406

(g) Children with disabilities receiving special education	61407
services for category six disabilities described in division	61408
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code;	61409

(h) Students receiving category one vocational education	61410
services, described in division (A) of section 3317.014 of the	61411
Revised Code;	61412

(i) Students receiving category two vocational education	61413
services, described in division (B) of section 3317.014 of the	61414
Revised Code.	61415

The superintendent of each joint vocational school district	61416
shall also indicate the city, local, or exempted village school	61417
district in which each joint vocational district pupil is entitled	61418
to attend school pursuant to section 3313.64 or 3313.65 of the	61419
Revised Code.	61420

(E) In each school of each city, local, exempted village,	61421
joint vocational, and cooperative education school district there	61422
shall be maintained a record of school membership, which record	61423
shall accurately show, for each day the school is in session, the	61424
actual membership enrolled in regular day classes. For the purpose	61425
of determining average daily membership, the membership figure of	61426
any school shall not include any pupils except those pupils	61427
described by division (A) of this section. The record of	61428
membership for each school shall be maintained in such manner that	61429
no pupil shall be counted as in membership prior to the actual	61430
date of entry in the school and also in such manner that where for	61431
any cause a pupil permanently withdraws from the school that pupil	61432
shall not be counted as in membership from and after the date of	61433
such withdrawal. There shall not be included in the membership of	61434
any school any of the following:	61435

(1) Any pupil who has graduated from the twelfth grade of a	61436
public or nonpublic high school;	61437

(2) Any pupil who is not a resident of the state;

61438

(3) Any pupil who was enrolled in the schools of the district	61439
during the previous school year when assessments were administered	61440
under section 3301.0711 of the Revised Code but did not take one	61441
or more of the assessments required by that section and was not	61442
excused pursuant to division (C)(1) or (3) of that section;	61443

(4) Any pupil who has attained the age of twenty-two years,	61444
except for veterans of the armed services whose attendance was	61445
interrupted before completing the recognized twelve-year course of	61446
the public schools by reason of induction or enlistment in the	61447
armed forces and who apply for reenrollment in the public school	61448
system of their residence not later than four years after	61449
termination of war or their honorable discharge.	61450

If, however, any veteran described by division (E)(4) of this	61451
section elects to enroll in special courses organized for veterans	61452
for whom tuition is paid under the provisions of federal laws, or	61453
otherwise, that veteran shall not be included in average daily	61454
membership.	61455

Notwithstanding division (E)(3) of this section, the	61456
membership of any school may include a pupil who did not take an	61457
assessment required by section 3301.0711 of the Revised Code if	61458
the superintendent of public instruction grants a waiver from the	61459
requirement to take the assessment to the specific pupil and a	61460
parent is not paying tuition for the pupil pursuant to section	61461
3313.6410 of the Revised Code. The superintendent may grant such a	61462
waiver only for good cause in accordance with rules adopted by the	61463
state board of education.	61464

Except as provided in divisions (B)(2) and (F) of this	61465
section, the average daily membership figure of any local, city,	61466
exempted village, or joint vocational school district shall be	61467
determined by dividing the figure representing the sum of the	61468
number of pupils enrolled during each day the school of attendance	61469
is actually open for instruction during the week for which the	61470
average daily membership is being certified by the total number of	61471
days the school was actually open for instruction during that	61472
week. For purposes of state funding, "enrolled" persons are only	61473
those pupils who are attending school, those who have attended	61474
school during the current school year and are absent for	61475
authorized reasons, and those children with disabilities currently	61476
receiving home instruction.	61477

The average daily membership figure of any cooperative	61478
education school district shall be determined in accordance with	61479
rules adopted by the state board of education.	61480

(F)(1) If the formula ADM for the first full school week in	61481
February is at least three per cent greater than that certified	61482
for the first full school week in the preceding October, the	61483
superintendent of schools of any city, exempted village, or joint	61484
vocational school district or educational service center shall	61485
certify such increase to the superintendent of public instruction.	61486
Such certification shall be submitted no later than the fifteenth	61487
day of February. For the balance of the fiscal year, beginning	61488
with the February payments, the superintendent of public	61489
instruction shall use the increased formula ADM in calculating or	61490
recalculating the amounts to be allocated in accordance with	61491
section 3317.022 or 3317.16 of the Revised Code. In no event shall	61492
the superintendent use an increased membership certified to the	61493
superintendent after the fifteenth day of February. Division	61494
(F)(1) of this section does not apply after fiscal year 2006.	61495

(2) If on the first school day of April the total number of	61496
classes or units for preschool children with disabilities that are	61497
eligible for approval under division (B) of section 3317.05 of the	61498
Revised Code exceeds the number of units that have been approved	61499
for the year under that division, the superintendent of schools of	61500
any city, exempted village, or cooperative education school	61501
district or educational service center shall make the	61502
certifications required by this section for that day. If the	61503
department determines additional units can be approved for the	61504
fiscal year within any limitations set forth in the acts	61505
appropriating moneys for the funding of such units, the department	61506
shall approve additional units for the fiscal year on the basis of	61507
such average daily membership. For each unit so approved, the	61508
department shall pay an amount computed in the manner prescribed	61509
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	61510
Code.	61511

(3) If a student attending a community school under Chapter	61512
3314. or, a science, technology, engineering, and mathematics	61513
school established under Chapter 3326., or a college-preparatory	61514
boarding school established under Chapter 3328. of the Revised	61515
Code is not included in the formula ADM certified for the school	61516
district in which the student is entitled to attend school under	61517
section 3313.64 or 3313.65 of the Revised Code, the department of	61518
education shall adjust the formula ADM of that school district to	61519
include the student in accordance with division (C)(2) of this	61520
section, and shall recalculate the school district's payments	61521
under this chapter ~~and Chapter 3306. of the Revised Code~~ for the	61522
entire fiscal year on the basis of that adjusted formula ADM. This	61523
requirement applies regardless of whether the student was	61524
enrolled, as defined in division (E) of this section, in the	61525
community school or, the science, technology, engineering, and	61526
mathematics school, or the college-preparatory boarding school	61527
during the week for which the formula ADM is being certified.	61528

(4) If a student awarded an educational choice scholarship is	61529
not included in the formula ADM of the school district from which	61530
the department deducts funds for the scholarship under section	61531
3310.08 of the Revised Code, the department shall adjust the	61532
formula ADM of that school district to include the student to the	61533
extent necessary to account for the deduction, and shall	61534
recalculate the school district's payments under this chapter ~~and~~	61535
~~Chapter 3306. of the Revised Code~~ for the entire fiscal year on	61536
the basis of that adjusted formula ADM. This requirement applies	61537
regardless of whether the student was enrolled, as defined in	61538
division (E) of this section, in the chartered nonpublic school,	61539
the school district, or a community school during the week for	61540
which the formula ADM is being certified.	61541

(5) If a student awarded a scholarship under the special	61542
education scholarship program is not included in the formula ADM	61543
of the school district from which the department deducts funds for	61544
the scholarship under section 3310.55 of the Revised Code, the	61545
department shall adjust the formula ADM of that school district to	61546
include the student to the extent necessary to account for the	61547
deduction, and shall recalculate the school district's payments	61548
under this chapter for the entire fiscal year on the basis of that	61549
adjusted formula ADM. This requirement applies regardless of	61550
whether the student was enrolled, as defined in division (E) of	61551
this section, in an alternative public provider, a registered	61552
private provider, or the school district during the week for which	61553
the formula ADM is being certified.	61554

(G)(1)(a) The superintendent of an institution operating a	61555
special education program pursuant to section 3323.091 of the	61556
Revised Code shall, for the programs under such superintendent's	61557
supervision, certify to the state board of education, in the	61558
manner prescribed by the superintendent of public instruction,	61559
both of the following:	61560

(i) The average daily membership of all children with	61561
disabilities other than preschool children with disabilities	61562
receiving services at the institution for each category of	61563
disability described in divisions ~~(D)(1) to (6)~~(A) to (F) of	61564
section ~~3306.02~~3317.013 of the Revised Code;	61565

(ii) The average daily membership of all preschool children	61566
with disabilities in classes or programs approved annually by the	61567
department of education for unit funding under section 3317.05 of	61568
the Revised Code.	61569

(b) The superintendent of an institution with vocational	61570
education units approved under division (A) of section 3317.05 of	61571
the Revised Code shall, for the units under the superintendent's	61572
supervision, certify to the state board of education the average	61573
daily membership in those units, in the manner prescribed by the	61574
superintendent of public instruction.	61575

(2) The superintendent of each county DD board that maintains	61576
special education classes under section 3317.20 of the Revised	61577
Code or units approved pursuant to section 3317.05 of the Revised	61578
Code shall do both of the following:	61579

(a) Certify to the state board, in the manner prescribed by	61580
the board, the average daily membership in classes under section	61581
3317.20 of the Revised Code for each school district that has	61582
placed children in the classes;	61583

(b) Certify to the state board, in the manner prescribed by	61584
the board, the number of all preschool children with disabilities	61585
enrolled as of the first day of December in classes eligible for	61586
approval under division (B) of section 3317.05 of the Revised	61587
Code, and the number of those classes.	61588

(3)(a) If on the first school day of April the number of	61589
classes or units maintained for preschool children with	61590
disabilities by the county DD board that are eligible for approval	61591
under division (B) of section 3317.05 of the Revised Code is	61592
greater than the number of units approved for the year under that	61593
division, the superintendent shall make the certification required	61594
by this section for that day.	61595

(b) If the department determines that additional classes or	61596
units can be approved for the fiscal year within any limitations	61597
set forth in the acts appropriating moneys for the funding of the	61598
classes and units described in division (G)(3)(a) of this section,	61599
the department shall approve and fund additional units for the	61600
fiscal year on the basis of such average daily membership. For	61601
each unit so approved, the department shall pay an amount computed	61602
in the manner prescribed in sections 3317.052 and 3317.053 of the	61603
Revised Code.	61604

(H) Except as provided in division (I) of this section, when	61605
any city, local, or exempted village school district provides	61606
instruction for a nonresident pupil whose attendance is	61607
unauthorized attendance as defined in section 3327.06 of the	61608
Revised Code, that pupil's membership shall not be included in	61609
that district's membership figure used in the calculation of that	61610
district's formula ADM or included in the determination of any	61611
unit approved for the district under section 3317.05 of the	61612
Revised Code. The reporting official shall report separately the	61613
average daily membership of all pupils whose attendance in the	61614
district is unauthorized attendance, and the membership of each	61615
such pupil shall be credited to the school district in which the	61616
pupil is entitled to attend school under division (B) of section	61617
3313.64 or section 3313.65 of the Revised Code as determined by	61618
the department of education.	61619

(I)(1) A city, local, exempted village, or joint vocational	61620
school district admitting a scholarship student of a pilot project	61621
district pursuant to division (C) of section 3313.976 of the	61622
Revised Code may count such student in its average daily	61623
membership.	61624

(2) In any year for which funds are appropriated for pilot	61625
project scholarship programs, a school district implementing a	61626
state-sponsored pilot project scholarship program that year	61627
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	61628
count in average daily membership:	61629

(a) All children residing in the district and utilizing a	61630
scholarship to attend kindergarten in any alternative school, as	61631
defined in section 3313.974 of the Revised Code;	61632

(b) All children who were enrolled in the district in the	61633
preceding year who are utilizing a scholarship to attend ~~any such~~	61634
an alternative school.	61635

(J) The superintendent of each cooperative education school	61636
district shall certify to the superintendent of public	61637
instruction, in a manner prescribed by the state board of	61638
education, the applicable average daily memberships for all	61639
students in the cooperative education district, also indicating	61640
the city, local, or exempted village district where each pupil is	61641
entitled to attend school under section 3313.64 or 3313.65 of the	61642
Revised Code.	61643

(K) If the superintendent of public instruction determines	61644
that a component of the average daily membership certified or	61645
reported by a district superintendent, or other reporting entity,	61646
is not correct, the superintendent of public instruction may order	61647
that the formula ADM used for the purposes of payments under any	61648
section of Title XXXIII of the Revised Code be adjusted in the	61649
amount of the error.	61650

Sec. 3317.031. A membership record shall be kept by grade	61651
level in each city, local, exempted village, joint vocational, and	61652
cooperative education school district and such a record shall be	61653
kept by grade level in each educational service center that	61654
provides academic instruction to pupils, classes for pupils with	61655
disabilities, or any other direct instructional services to	61656
pupils. Such membership record shall show the following	61657
information for each pupil enrolled: Name, date of birth, name of	61658
parent, date entered school, date withdrawn from school, days	61659
present, days absent, and the number of days school was open for	61660
instruction while the pupil was enrolled. At the end of the school	61661
year this membership record shall show the total days present, the	61662
total days absent, and the total days due for all pupils in each	61663
grade. Such membership record shall show the pupils that are	61664
transported to and from school and it shall also show the pupils	61665
that are transported living within one mile of the school	61666
attended. This membership record shall also show any other	61667
information prescribed by the state board of education.	61668

This membership record shall be kept intact for at least five	61669
years and shall be made available to the state board of education	61670
or its representative in making an audit of the average daily	61671
membership or the transportation of the district or educational	61672
service center. ~~The membership records of local school districts~~	61673
~~shall be filed at the close of each school year in the office of~~	61674
~~the educational service center superintendent.~~	61675

The state board of education may withhold any money due any	61676
school district or educational service center under this chapter	61677
~~and Chapter 3306. of the Revised Code~~ until it has satisfactory	61678
evidence that the board of education or educational service center	61679
governing board has fully complied with all of the provisions of	61680
this section.	61681

Nothing in this section shall require any person to release,	61682
or to permit access to, public school records in violation of	61683
section 3319.321 of the Revised Code.	61684

Sec. 3317.05. (A) For the purpose of calculating payments	61685
under sections 3317.052 and 3317.053 of the Revised Code, the	61686
department of education shall determine for each institution, by	61687
the last day of January of each year and based on information	61688
certified under section 3317.03 of the Revised Code, the number of	61689
vocational education units or fractions of units approved by the	61690
department on the basis of standards and rules adopted by the	61691
state board of education. As used in this division, "institution"	61692
means an institution operated by a department specified in section	61693
3323.091 of the Revised Code and that provides vocational	61694
education programs under the supervision of the division of	61695
vocational education of the department that meet the standards and	61696
rules for these programs, including licensure of professional	61697
staff involved in the programs, as established by the state board.	61698

(B) For the purpose of calculating payments under sections	61699
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	61700
department shall determine, based on information certified under	61701
section 3317.03 of the Revised Code, the following by the last day	61702
of January of each year for each educational service center, for	61703
each school district, including each cooperative education school	61704
district, for each institution eligible for payment under section	61705
3323.091 of the Revised Code, and for each county DD board: the	61706
number of classes operated by the school district, service center,	61707
institution, or county DD board for preschool children with	61708
disabilities, or fraction thereof, including in the case of a	61709
district or service center that is a funding agent, classes taught	61710
by a licensed teacher employed by that district or service center	61711
under section 3313.841 of the Revised Code, approved annually by	61712
the department on the basis of standards and rules adopted by the	61713
state board.	61714

(C) For the purpose of calculating payments under sections	61715
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	61716
department shall determine, based on information certified under	61717
section 3317.03 of the Revised Code, the following by the last day	61718
of January of each year for each school district, including each	61719
cooperative education school district, for each institution	61720
eligible for payment under section 3323.091 of the Revised Code,	61721
and for each county DD board: the number of units for related	61722
services, as defined in section 3323.01 of the Revised Code, for	61723
preschool children with disabilities approved annually by the	61724
department on the basis of standards and rules adopted by the	61725
state board.	61726

(D) All of the arithmetical calculations made under this	61727
section shall be carried to the second decimal place. The total	61728
number of units for school districts, service centers, and	61729
institutions approved annually under this section shall not exceed	61730
the number of units included in the estimate of cost for these	61731
units and appropriations made for them by the general assembly.	61732

In the case of units for preschool children with disabilities	61733
described in division (B) of this section, the department shall	61734
approve only preschool units for children who are under age six on	61735
the thirtieth day of September of the academic year, or on the	61736
first day of August of the academic year if the school district in	61737
which the child is enrolled has adopted a resolution under	61738
division (A)(3) of section 3321.01 of the Revised Code, but not	61739
less than age three on the first day of December of the academic	61740
year, except that such a unit may include one or more children who	61741
are under age three or are age six or over on the applicable date,	61742
as reported under division (B)(2) or (G)(2)(b) of section 3317.03	61743
of the Revised Code, if such children have been admitted to the	61744
unit pursuant to rules of the state board. The number of units for	61745
county DD boards and institutions eligible for payment under	61746
section 3323.091 of the Revised Code approved under this section	61747
shall not exceed the number that can be funded with appropriations	61748
made for such purposes by the general assembly.	61749

No unit shall be approved under divisions (B) and (C) of this	61750
section unless a plan has been submitted and approved under	61751
Chapter 3323. of the Revised Code.	61752

~~(E) The department shall approve units or fractions thereof~~	61753
~~for gifted children on the basis of standards and rules adopted by~~	61754
~~the state board.~~	61755

Sec. 3317.051. ~~(A)(1) Notwithstanding sections 3317.05 and~~	61756
~~3317.11 of the Revised Code, a unit funded pursuant to division~~	61757
~~(L) of section 3317.024 or division (A)(2) of section 3317.052 of~~	61758
~~the Revised Code shall not be approved for state funding in one~~	61759
~~school district, including any cooperative education school~~	61760
~~district or any educational service center, to the extent that~~	61761
~~such unit provides programs in or services to another district~~	61762
~~which receives payment pursuant to section 3317.04 of the Revised~~	61763
~~Code.~~	61764

~~(2)~~ Any city, local, exempted village, or cooperative	61765
education school district or any educational service center may	61766
combine partial unit eligibility for programs for preschool	61767
children with disabilities pursuant to section 3317.05 of the	61768
Revised Code, and such combined partial units may be approved for	61769
state funding in one school district or service center.	61770

~~(B) After units have been initially approved for any fiscal~~	61771
~~year under section 3317.05 of the Revised Code, no unit shall be~~	61772
~~subsequently transferred from a school district or educational~~	61773
~~service center to another city, exempted village, local, or~~	61774
~~cooperative education school district or educational service~~	61775
~~center or to an institution or county DD board solely for the~~	61776
~~purpose of reducing the financial obligations of the school~~	61777
~~district in a fiscal year it receives payment pursuant to section~~	61778
~~3317.04 of the Revised Code.~~	61779

Sec. 3317.053. (A) As used in this section:

61780

(1) "State share percentage" has the same meaning as in	61781
section 3317.022 of the Revised Code.	61782

(2) "Dollar amount" means the amount shown in the following	61783
table for the corresponding type of unit:	61784

TYPE OF UNIT	DOLLAR AMOUNT	61785
Division (B) of section 3317.05		61786
of the Revised Code	$8,334	61787
Division (C) of that section	$3,234	61788
~~Division (E) of that section~~	~~$5,550~~	61789

(3) "Average unit amount" means the amount shown in the	61790
following table for the corresponding type of unit:	61791

TYPE OF UNIT	AVERAGE UNIT AMOUNT	61792
Division (B) of section 3317.05		61793
of the Revised Code	$7,799	61794
Division (C) of that section	$2,966	61795
~~Division (E) of that section~~	~~$5,251~~	61796

(B) In the case of each unit described in division (B),or	61797
(C)~~, or (E)~~ of section 3317.05 of the Revised Code and allocated	61798
to a city, local, or exempted village school district, the	61799
department of education, in addition to the amounts specified in	61800
~~division (L) of section 3317.024 and~~ sections 3317.052 and 3317.19	61801
of the Revised Code, shall pay a supplemental unit allowance equal	61802
to the sum of the following amounts:	61803

(1) An amount equal to 50% of the average unit amount for the	61804
unit;	61805

(2) An amount equal to the percentage of the dollar amount	61806
for the unit that equals the district's state share percentage.	61807

If, prior to the fifteenth day of May of a fiscal year, a	61808
school district's aid computed under section 3317.022 of the	61809
Revised Code is recomputed pursuant to section 3317.027 or	61810
3317.028 of the Revised Code, the department shall also recompute	61811
the district's entitlement to payment under this section utilizing	61812
a new state share percentage. Such new state share percentage	61813
shall be determined using the district's recomputed basic aid	61814
amount pursuant to section 3317.027 or 3317.028 of the Revised	61815
Code. During the last six months of the fiscal year, the	61816
department shall pay the district a sum equal to one-half of the	61817
recomputed payment in lieu of one-half the payment otherwise	61818
calculated under this section.	61819

(C)(1) In the case of each unit allocated to an institution	61820
pursuant to division (A) of section 3317.05 of the Revised Code,	61821
the department, in addition to the amount specified in section	61822
3317.052 of the Revised Code, shall pay a supplemental unit	61823
allowance of $7,227.	61824

(2) In the case of each unit described in division (B) of	61825
section 3317.05 of the Revised Code that is allocated to any	61826
entity other than a city, exempted village, or local school	61827
district, the department, in addition to the amount specified in	61828
section 3317.052 of the Revised Code, shall pay a supplemental	61829
unit allowance of $7,799.	61830

(3) In the case of each unit described in division (C) of	61831
section 3317.05 of the Revised Code and allocated to any entity	61832
other than a city, exempted village, or local school district, the	61833
department, in addition to the amounts specified in section	61834
3317.052 of the Revised Code, shall pay a supplemental unit	61835
allowance of $2,966.	61836

~~(4) In the case of each unit described in division (E) of~~	61837
~~section 3317.05 of the Revised Code and allocated to an~~	61838
~~educational service center, the department, in addition to the~~	61839
~~amounts specified in division (L) of section 3317.024 of the~~	61840
~~Revised Code, shall pay a supplemental unit allowance of $5,251.~~	61841

Sec. 3317.06. Moneys paid to school districts under division	61842
~~(I)~~(E) of section 3317.024 of the Revised Code shall be used for	61843
the following independent and fully severable purposes:	61844

(A) To purchase such secular textbooks or electronic	61845
textbooks as have been approved by the superintendent of public	61846
instruction for use in public schools in the state and to loan	61847
such textbooks or electronic textbooks to pupils attending	61848
nonpublic schools within the district or to their parents and to	61849
hire clerical personnel to administer such lending program. Such	61850
loans shall be based upon individual requests submitted by such	61851
nonpublic school pupils or parents. Such requests shall be	61852
submitted to the school district in which the nonpublic school is	61853
located. Such individual requests for the loan of textbooks or	61854
electronic textbooks shall, for administrative convenience, be	61855
submitted by the nonpublic school pupil or the pupil's parent to	61856
the nonpublic school, which shall prepare and submit collective	61857
summaries of the individual requests to the school district. As	61858
used in this section:	61859

(1) "Textbook" means any book or book substitute that a pupil	61860
uses as a consumable or nonconsumable text, text substitute, or	61861
text supplement in a particular class or program in the school the	61862
pupil regularly attends.	61863

(2) "Electronic textbook" means ~~computer software,~~	61864
~~interactive videodisc, magnetic media, CD-ROM, computer~~	61865
~~courseware, local and remote computer assisted instruction,~~	61866
~~on-line service, electronic medium, or other means of conveying~~	61867
~~information to the student or otherwise contributing~~any book or	61868
book substitute that a student accesses through the use of a	61869
computer or other electronic medium or that is available through	61870
an internet-based provider of course content, or any other	61871
material that contributes to the learning process through	61872
electronic means.	61873

(B) To provide speech and hearing diagnostic services to	61874
pupils attending nonpublic schools within the district. Such	61875
service shall be provided in the nonpublic school attended by the	61876
pupil receiving the service.	61877

(C) To provide physician, nursing, dental, and optometric	61878
services to pupils attending nonpublic schools within the	61879
district. Such services shall be provided in the school attended	61880
by the nonpublic school pupil receiving the service.	61881

(D) To provide diagnostic psychological services to pupils	61882
attending nonpublic schools within the district. Such services	61883
shall be provided in the school attended by the pupil receiving	61884
the service.	61885

(E) To provide therapeutic psychological and speech and	61886
hearing services to pupils attending nonpublic schools within the	61887
district. Such services shall be provided in the public school, in	61888
nonpublic schools, in public centers, or in mobile units located	61889
on or off of the nonpublic premises. If such services are provided	61890
in the public school or in public centers, transportation to and	61891
from such facilities shall be provided by the school district in	61892
which the nonpublic school is located.	61893

(F) To provide guidance, counseling, and social work services	61894
to pupils attending nonpublic schools within the district. Such	61895
services shall be provided in the public school, in nonpublic	61896
schools, in public centers, or in mobile units located on or off	61897
of the nonpublic premises. If such services are provided in the	61898
public school or in public centers, transportation to and from	61899
such facilities shall be provided by the school district in which	61900
the nonpublic school is located.	61901

(G) To provide remedial services to pupils attending	61902
nonpublic schools within the district. Such services shall be	61903
provided in the public school, in nonpublic schools, in public	61904
centers, or in mobile units located on or off of the nonpublic	61905
premises. If such services are provided in the public school or in	61906
public centers, transportation to and from such facilities shall	61907
be provided by the school district in which the nonpublic school	61908
is located.	61909

(H) To supply for use by pupils attending nonpublic schools	61910
within the district such standardized tests and scoring services	61911
as are in use in the public schools of the state;	61912

(I) To provide programs for children who attend nonpublic	61913
schools within the district and are children with disabilities as	61914
defined in section 3323.01 of the Revised Code or gifted children.	61915
Such programs shall be provided in the public school, in nonpublic	61916
schools, in public centers, or in mobile units located on or off	61917
of the nonpublic premises. If such programs are provided in the	61918
public school or in public centers, transportation to and from	61919
such facilities shall be provided by the school district in which	61920
the nonpublic school is located.	61921

(J) To hire clerical personnel to assist in the	61922
administration of programs pursuant to divisions (B), (C), (D),	61923
(E), (F), (G), and (I) of this section and to hire supervisory	61924
personnel to supervise the providing of services and textbooks	61925
pursuant to this section.	61926

(K) To purchase or lease any secular, neutral, and	61927
nonideological computer application software ~~(including~~designed	61928
to assist students in performing a single task or multiple related	61929
tasks, device management software, learning management software,	61930
site-licensing), ~~prerecorded video laserdiscs,~~ digital video on	61931
demand (DVD), ~~compact discs, and video cassette cartridges,~~ wide	61932
area connectivity and related technology as it relates to internet	61933
access, mathematics or science equipment and materials,	61934
instructional materials, and school library materials that are in	61935
general use in the public schools of the state and loan such items	61936
to pupils attending nonpublic schools within the district or to	61937
their parents, and to hire clerical personnel to administer the	61938
lending program. Only such items that are incapable of diversion	61939
to religious use and that are susceptible of loan to individual	61940
pupils and are furnished for the use of individual pupils shall be	61941
purchased and loaned under this division. As used in this section,	61942
"instructional materials" means prepared learning materials that	61943
are secular, neutral, and nonideological in character and are of	61944
benefit to the instruction of school children, and may include	61945
educational resources and services developed by the eTech Ohio	61946
commission.	61947

(L) To purchase or lease instructional equipment, including	61948
computer hardware and related equipment in general use in the	61949
public schools of the state, for use by pupils attending nonpublic	61950
schools within the district and to loan such items to pupils	61951
attending nonpublic schools within the district or to their	61952
parents, and to hire clerical personnel to administer the lending	61953
program. "Computer hardware and related equipment" includes	61954
desktop computers and workstations; laptop computers, computer	61955
tablets, and other mobile handheld devices; and their operating	61956
systems and accessories.	61957

(M) To purchase mobile units to be used for the provision of	61958
services pursuant to divisions (E), (F), (G), and (I) of this	61959
section and to pay for necessary repairs and operating costs	61960
associated with these units.	61961

(N) To reimburse costs the district incurred to store the	61962
records of a chartered nonpublic school that closes.	61963
Reimbursements under this division shall be made one time only for	61964
each chartered nonpublic school that closes.	61965

(O) To purchase life-saving medical or other emergency	61966
equipment for placement in nonpublic schools within the district	61967
or to maintain such equipment.	61968

Clerical and supervisory personnel hired pursuant to division	61969
(J) of this section shall perform their services in the public	61970
schools, in nonpublic schools, public centers, or mobile units	61971
where the services are provided to the nonpublic school pupil,	61972
except that such personnel may accompany pupils to and from the	61973
service sites when necessary to ensure the safety of the children	61974
receiving the services.	61975

All services provided pursuant to this section may be	61976
provided under contract with educational service centers, the	61977
department of health, city or general health districts, or private	61978
agencies whose personnel are properly licensed by an appropriate	61979
state board or agency.	61980

Transportation of pupils provided pursuant to divisions (E),	61981
(F), (G), and (I) of this section shall be provided by the school	61982
district from its general funds and not from moneys paid to it	61983
under division ~~(I)~~(E) of section 3317.024 of the Revised Code	61984
unless a special transportation request is submitted by the parent	61985
of the child receiving service pursuant to such divisions. If such	61986
an application is presented to the school district, it may pay for	61987
the transportation from moneys paid to it under division ~~(I)~~(E) of	61988
section 3317.024 of the Revised Code.	61989

No school district shall provide health or remedial services	61990
to nonpublic school pupils as authorized by this section unless	61991
such services are available to pupils attending the public schools	61992
within the district.	61993

Materials, equipment, computer hardware or software,	61994
textbooks, electronic textbooks, and health and remedial services	61995
provided for the benefit of nonpublic school pupils pursuant to	61996
this section and the admission of pupils to such nonpublic schools	61997
shall be provided without distinction as to race, creed, color, or	61998
national origin of such pupils or of their teachers.	61999

No school district shall provide services, materials, or	62000
equipment that contain religious content for use in religious	62001
courses, devotional exercises, religious training, or any other	62002
religious activity.	62003

As used in this section, "parent" includes a person standing	62004
in loco parentis to a child.	62005

Notwithstanding section 3317.01 of the Revised Code, payments	62006
shall be made under this section to any city, local, or exempted	62007
village school district within which is located one or more	62008
nonpublic elementary or high schools and any payments made to	62009
school districts under division ~~(I)~~(E) of section 3317.024 of the	62010
Revised Code for purposes of this section may be disbursed without	62011
submission to and approval of the controlling board.	62012

The allocation of payments for materials, equipment,	62013
textbooks, electronic textbooks, health services, and remedial	62014
services to city, local, and exempted village school districts	62015
shall be on the basis of the state board of education's estimated	62016
annual average daily membership in nonpublic elementary and high	62017
schools located in the district.	62018

Payments made to city, local, and exempted village school	62019
districts under this section shall be equal to specific	62020
appropriations made for the purpose. All interest earned by a	62021
school district on such payments shall be used by the district for	62022
the same purposes and in the same manner as the payments may be	62023
used.	62024

The department of education shall adopt guidelines and	62025
procedures under which such programs and services shall be	62026
provided, under which districts shall be reimbursed for	62027
administrative costs incurred in providing such programs and	62028
services, and under which any unexpended balance of the amounts	62029
appropriated by the general assembly to implement this section may	62030
be transferred to the auxiliary services personnel unemployment	62031
compensation fund established pursuant to section 4141.47 of the	62032
Revised Code. The department shall also adopt guidelines and	62033
procedures limiting the purchase and loan of the items described	62034
in division (K) of this section to items that are in general use	62035
in the public schools of the state, that are incapable of	62036
diversion to religious use, and that are susceptible to individual	62037
use rather than classroom use. Within thirty days after the end of	62038
each biennium, each board of education shall remit to the	62039
department all moneys paid to it under division ~~(I)~~(E) of section	62040
3317.024 of the Revised Code and any interest earned on those	62041
moneys that are not required to pay expenses incurred under this	62042
section during the biennium for which the money was appropriated	62043
and during which the interest was earned. If a board of education	62044
subsequently determines that the remittal of moneys leaves the	62045
board with insufficient money to pay all valid expenses incurred	62046
under this section during the biennium for which the remitted	62047
money was appropriated, the board may apply to the department of	62048
education for a refund of money, not to exceed the amount of the	62049
insufficiency. If the department determines the expenses were	62050
lawfully incurred and would have been lawful expenditures of the	62051
refunded money, it shall certify its determination and the amount	62052
of the refund to be made to the director of job and family	62053
services who shall make a refund as provided in section 4141.47 of	62054
the Revised Code.	62055

Each school district shall label materials, equipment,	62056
computer hardware or software, textbooks, and electronic textbooks	62057
purchased or leased for loan to a nonpublic school under this	62058
section, acknowledging that they were purchased or leased with	62059
state funds under this section. However, a district need not label	62060
materials, equipment, computer hardware or software, textbooks, or	62061
electronic textbooks that the district determines are consumable	62062
in nature or have a value of less than two hundred dollars.	62063

Sec. 3317.061. The superintendent of each school district,	62064
including each cooperative education and joint vocational school	62065
district and the superintendent of each educational service	62066
center, shall, on forms prescribed and furnished by the state	62067
board of education, certify to the state board of education, on or	62068
before the fifteenth day of October of each year, the name of each	62069
licensed employee employed, on an annual salary, in each school	62070
under such superintendent's supervision during the first full	62071
school week of said month of October, the number of years of	62072
recognized college training such licensed employee has completed,	62073
the college degrees from a recognized college earned by such	62074
licensed employee, the type of teaching license held by such	62075
licensed employee, the number of months such licensed employee is	62076
employed in the school district, the annual salary of such	62077
licensed employee, and such other information as the state board	62078
of education may request. For the purposes of ~~Chapters 3306. and~~	62079
Chapter 3317. of the Revised Code, a licensed employee is any	62080
employee in a position that requires a license issued pursuant to	62081
sections 3319.22 to 3319.31 of the Revised Code.	62082

Pursuant to standards adopted by the state board of	62083
education, experience of vocational teachers in trade and industry	62084
shall be recognized by such board for the purpose of complying	62085
with the requirements of recognized college training provided by	62086
~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	62087

Sec. 3317.07. ~~The state board of education shall establish~~	62088
~~rules for the purpose of distributing subsidies for the purchase~~	62089
~~of school buses under division (D) of section 3317.024 of the~~	62090
~~Revised Code.~~	62091

~~No school bus subsidy payments shall be paid to any district~~	62092
~~unless such district can demonstrate that pupils residing more~~	62093
~~than one mile from the school could not be transported without~~	62094
~~such additional aid.~~	62095

~~The amount paid to a county DD board for buses purchased for~~	62096
~~transportation of children in special education programs operated~~	62097
~~by the board shall be based on a per pupil allocation for eligible~~	62098
~~students.~~	62099

~~The amount paid to a school district for buses purchased for~~	62100
~~transportation of pupils with disabilities and nonpublic school~~	62101
~~pupils shall be determined by a per pupil allocation based on the~~	62102
~~number of special education and nonpublic school pupils for whom~~	62103
~~transportation is provided.~~	62104

~~The state board of education shall adopt a formula to~~	62105
~~determine the amount of payments that shall be distributed to~~	62106
~~school districts to purchase school buses for pupils other than~~	62107
~~pupils with disabilities or nonpublic school pupils.~~	62108

~~If any district or county DD board obtains bus services for~~	62109
~~pupil transportation pursuant to a contract, such district or~~	62110
~~board may use payments received under this section to defray the~~	62111
~~costs of contracting for bus services in lieu of for purchasing~~	62112
~~buses.~~	62113

If the department of education determines that a county DD	62114
board no longer needs a school bus because the board no longer	62115
transports children to a special education program operated by the	62116
board, or if the department determines that a school district no	62117
longer needs a school bus to transport pupils to a nonpublic	62118
school or special education program, the department may reassign a	62119
bus that was funded with payments provided pursuant to the version	62120
of this section in effect prior to the effective date of this	62121
amendment for the purpose of transporting such pupils. The	62122
department may reassign a bus to a county DD board or school	62123
district that transports children to a special education program	62124
designated in the children's individualized education plans, or to	62125
a school district that transports pupils to a nonpublic school,	62126
and needs an additional school bus.	62127

Sec. 3317.08. A board of education may admit to its schools	62128
a child it is not required by section 3313.64 or 3313.65 of the	62129
Revised Code to admit, if tuition is paid for the child.	62130

Unless otherwise provided by law, tuition shall be computed	62131
in accordance with this section. A district's tuition charge for a	62132
school year shall be one of the following:	62133

(A) For any child, except a preschool child with a disability	62134
described in division (B) of this section, the quotient obtained	62135
by dividing the sum of the amounts described in divisions (A)(1)	62136
and (2) of this section by the district's formula ADM.	62137

(1) The district's total taxes charged and payable for	62138
current expenses for the tax year preceding the tax year in which	62139
the school year begins as certified under division (A)(3) of	62140
section 3317.021 of the Revised Code.	62141

(2) The district's total taxes collected for current expenses	62142
under a school district income tax adopted pursuant to section	62143
5748.03 or, 5748.08, or 5748.09 of the Revised Code that are	62144
disbursed to the district during the fiscal year, excluding any	62145
income tax receipts allocated for the project cost, debt service,	62146
or maintenance set-aside associated with a state-assisted	62147
classroom facilities project as authorized by section 3318.052 of	62148
the Revised Code. On or before the first day of June of each year,	62149
the tax commissioner shall certify the amount to be used in the	62150
calculation under this division for the next fiscal year to the	62151
department of education and the office of budget and management	62152
for each city, local, and exempted village school district that	62153
levies a school district income tax.	62154

(B) For any preschool child with a disability not included in	62155
a unit approved under division (B) of section 3317.05 of the	62156
Revised Code, an amount computed for the school year as follows:	62157

(1) For each type of special education service provided to	62158
the child for whom tuition is being calculated, determine the	62159
amount of the district's operating expenses in providing that type	62160
of service to all preschool children with disabilities not	62161
included in units approved under division (B) of section 3317.05	62162
of the Revised Code;	62163

(2) For each type of special education service for which	62164
operating expenses are determined under division (B)(1) of this	62165
section, determine the amount of such operating expenses that was	62166
paid from any state funds received under this chapter;	62167

(3) For each type of special education service for which	62168
operating expenses are determined under division (B)(1) of this	62169
section, divide the difference between the amount determined under	62170
division (B)(1) of this section and the amount determined under	62171
division (B)(2) of this section by the total number of preschool	62172
children with disabilities not included in units approved under	62173
division (B) of section 3317.05 of the Revised Code who received	62174
that type of service;	62175

(4) Determine the sum of the quotients obtained under	62176
division (B)(3) of this section for all types of special education	62177
services provided to the child for whom tuition is being	62178
calculated.	62179

The state board of education shall adopt rules defining the	62180
types of special education services and specifying the operating	62181
expenses to be used in the computation under this section.	62182

If any child for whom a tuition charge is computed under this	62183
section for any school year is enrolled in a district for only	62184
part of that school year, the amount of the district's tuition	62185
charge for the child for the school year shall be computed in	62186
proportion to the number of school days the child is enrolled in	62187
the district during the school year.	62188

Except as otherwise provided in division (J) of section	62189
3313.64 of the Revised Code, whenever a district admits a child to	62190
its schools for whom tuition computed in accordance with this	62191
section is an obligation of another school district, the amount of	62192
the tuition shall be certified by the treasurer of the board of	62193
education of the district of attendance, to the board of education	62194
of the district required to pay tuition for its approval and	62195
payment. If agreement as to the amount payable or the district	62196
required to pay the tuition cannot be reached, or the board of	62197
education of the district required to pay the tuition refuses to	62198
pay that amount, the board of education of the district of	62199
attendance shall notify the superintendent of public instruction.	62200
The superintendent shall determine the correct amount and the	62201
district required to pay the tuition and shall deduct that amount,	62202
if any, under division ~~(G)~~(D) of section 3317.023 of the Revised	62203
Code, from the district required to pay the tuition and add that	62204
amount to the amount allocated to the district attended under such	62205
division. The superintendent of public instruction shall send to	62206
the district required to pay the tuition an itemized statement	62207
showing such deductions at the time of such deduction.	62208

When a political subdivision owns and operates an airport,	62209
welfare, or correctional institution or other project or facility	62210
outside its corporate limits, the territory within which the	62211
facility is located is exempt from taxation by the school district	62212
within which such territory is located, and there are school age	62213
children residing within such territory, the political subdivision	62214
owning such tax exempt territory shall pay tuition to the district	62215
in which such children attend school. The tuition for these	62216
children shall be computed as provided for in this section.	62217

Sec. 3317.081. (A) Tuition shall be computed in accordance	62218
with this section if:	62219

(1) The tuition is required by division (C)(3)(b) of section	62220
3313.64 of the Revised Code; or	62221

(2) Neither the child nor the child's parent resides in this	62222
state and tuition is required by section 3327.06 of the Revised	62223
Code.	62224

(B) Tuition computed in accordance with this section shall	62225
equal the attendance district's tuition rate computed under	62226
section 3317.08 of the Revised Code plus the amount in state	62227
education aid that district would have received for the child	62228
~~pursuant to Chapter 3306. and sections 3317.023 and 3317.025 to~~	62229
~~3317.0211~~ of the Revised Code during the school year had the	62230
attendance district been authorized to count the child in its	62231
formula ADM for that school year under section 3317.03 of the	62232
Revised Code.	62233

Sec. 3317.082. As used in this section, "institution" means	62234
a residential facility that receives and cares for children	62235
maintained by the department of youth services and that operates a	62236
school chartered by the state board of education under section	62237
3301.16 of the Revised Code.	62238

(A) On or before the thirty-first day of each January and	62239
July, the superintendent of each institution that during the	62240
six-month period immediately preceding each January or July	62241
provided an elementary or secondary education for any child, other	62242
than a child receiving special education under section 3323.091 of	62243
the Revised Code, shall prepare and submit to the department of	62244
education, a statement for each such child indicating the child's	62245
name, any school district responsible to pay tuition for the child	62246
as determined by the superintendent in accordance with division	62247
(C)(2) or (3) of section 3313.64 of the Revised Code, and the	62248
period of time during that six-month period that the child	62249
received an elementary or secondary education. If any school	62250
district is responsible to pay tuition for any such child, the	62251
department of education, no later than the immediately succeeding	62252
last day of February or August, as applicable, shall calculate the	62253
amount of the tuition of the district under section 3317.08 of the	62254
Revised Code for the period of time indicated on the statement and	62255
do one of the following:	62256

(1) If the tuition amount is equal to or less than the ~~amount~~	62257
~~of state basic aid funds payable to the district under Chapter~~	62258
~~3306. and section 3317.023 of the Revised Code~~district's state	62259
education aid, pay to the institution submitting the statement an	62260
amount equal to the tuition amount, as provided under division	62261
~~(M)~~(G) of section 3317.024 of the Revised Code, and deduct the	62262
tuition amount from the state basic aid funds payable to the	62263
district, as provided under division ~~(F)~~(C)(2) of section 3317.023	62264
of the Revised Code;	62265

(2) If the tuition amount is greater than the ~~amount of state~~	62266
~~basic aid funds payable to the district under Chapter 3306. and~~	62267
~~section 3317.023 of the Revised Code~~district's state education	62268
aid, require the district to pay to the institution submitting the	62269
statement an amount equal to the tuition amount.	62270

(B) In the case of any disagreement about the school district	62271
responsible to pay tuition for a child pursuant to this section,	62272
the superintendent of public instruction shall make the	62273
determination in any such case in accordance with division (C)(2)	62274
or (3) of section 3313.64 of the Revised Code.	62275

Sec. 3317.09. All moneys distributed to a school district,	62276
including any cooperative education or joint vocational school	62277
district and all moneys distributed to any educational service	62278
center, by the state whether from a state or federal source, shall	62279
be accounted for by the division of school finance of the	62280
department of education. All moneys distributed shall be coded as	62281
to county, school district or educational service center, source,	62282
and other pertinent information, and at the end of each month, a	62283
report of such distribution shall be made by such division of	62284
school finance to each school district and educational service	62285
center. If any board of education fails to make the report	62286
required in section 3319.33 of the Revised Code, the	62287
superintendent of public instruction shall be without authority to	62288
distribute funds to that school district or educational service	62289
center ~~pursuant to sections 3317.022 to 3317.0211, 3317.11,~~	62290
~~3317.16, 3317.17, or 3317.19 of the Revised Code~~under this	62291
chapter until such time as the required reports are filed with all	62292
specified officers, boards, or agencies.	62293

Sec. 3317.11. (A) As used in this section:

62294

(1) "Client school district" means a city or exempted village	62295
school district that has entered into an agreement under section	62296
3313.843 of the Revised Code to receive any services from an	62297
educational service center.	62298

(2) "Service center ADM" means the sum of the total student	62299
counts of all local school districts within an educational service	62300
center's territory and all of the service center's client school	62301
districts.	62302

(3) "STEM school" means a science, technology, engineering,	62303
and mathematics school established under Chapter 3326. of the	62304
Revised Code.	62305

(4) "Total student count" has the same meaning as in section	62306
3301.011 of the Revised Code.	62307

(B)(1) The governing board of each educational service center	62308
shall provide supervisory services to each local school district	62309
within the service center's territory. Each city or exempted	62310
village school district that enters into an agreement under	62311
section 3313.843 of the Revised Code for a governing board to	62312
provide any services also is considered to be provided supervisory	62313
services by the governing board. Except as provided in division	62314
(B)(2) of this section, the supervisory services shall not exceed	62315
one supervisory teacher for the first fifty classroom teachers	62316
required to be employed in the districts, as calculated in the	62317
manner prescribed under former division (B) of section 3317.023	62318
of the Revised Code, as that division existed prior to the	62319
effective date of this amendment, and one for each additional one	62320
hundred required classroom teachers, as so calculated.	62321

The supervisory services shall be financed annually through	62322
supervisory units. Except as provided in division (B)(2) of this	62323
section, the number of supervisory units assigned to each district	62324
shall not exceed one unit for the first fifty classroom teachers	62325
required to be employed in the district, as calculated in the	62326
manner prescribed under former division (B) of section 3317.023	62327
of the Revised Code, as that division existed prior to the	62328
effective date of this amendment, and one for each additional one	62329
hundred required classroom teachers, as so calculated. The cost of	62330
each supervisory unit shall be the sum of:	62331

(a) The minimum salary prescribed by section 3317.13 of the	62332
Revised Code for the licensed supervisory employee of the	62333
governing board;	62334

(b) An amount equal to fifteen per cent of ~~the~~that salary	62335
~~prescribed by section 3317.13 of the Revised Code~~;	62336

(c) An allowance for necessary travel expenses, limited to	62337
the lesser of two hundred twenty-three dollars and sixteen cents	62338
per month or two thousand six hundred seventy-eight dollars per	62339
year.	62340

(2) If a majority of the boards of education, or	62341
superintendents acting on behalf of the boards, of the local and	62342
client school districts receiving services from the educational	62343
service center agree to receive additional supervisory services	62344
and to pay the cost of a corresponding number of supervisory units	62345
in excess of the services and units specified in division (B)(1)	62346
of this section, the service center shall provide the additional	62347
services as agreed to by the majority of districts to, and the	62348
department of education shall apportion the cost of the	62349
corresponding number of additional supervisory units pursuant to	62350
division (B)(3) of this section among, all of the service center's	62351
local and client school districts.	62352

(3) The department shall apportion the total cost for all	62353
supervisory units among the service center's local and client	62354
school districts based on each district's total student count. The	62355
department shall deduct each district's apportioned share pursuant	62356
to division ~~(E)~~(B) of section 3317.023 of the Revised Code and pay	62357
the apportioned share to the service center.	62358

(C) The department annually shall deduct from each local and	62359
client school district of each educational service center,	62360
pursuant to division ~~(E)~~(B) of section 3317.023 of the Revised	62361
Code, and pay to the service center an amount equal to six dollars	62362
and fifty cents times the school district's total student count.	62363
The board of education, or the superintendent acting on behalf of	62364
the board, of any local or client school district may agree to pay	62365
an amount in excess of six dollars and fifty cents per student in	62366
total student count. If a majority of the boards of education, or	62367
superintendents acting on behalf of the boards, of the local	62368
school districts within a service center's territory approve an	62369
amount in excess of six dollars and fifty cents per student in	62370
total student count, the department shall deduct the approved	62371
excess per student amount from all of the local school districts	62372
within the service center's territory and pay the excess amount to	62373
the service center.	62374

(D) The department shall pay each educational service center	62375
the amounts due to it from school districts pursuant to contracts,	62376
compacts, or agreements under which the service center furnishes	62377
services to the districts or their students. In order to receive	62378
payment under this division, an educational service center shall	62379
furnish either a copy of the contract, compact, or agreement	62380
clearly indicating the amounts of the payments, or a written	62381
statement that clearly indicates the payments owed and is signed	62382
by the superintendent or treasurer of the responsible school	62383
district. The amounts paid to service centers under this division	62384
shall be deducted from payments to school districts pursuant to	62385
division ~~(K)~~(H)(3) of section 3317.023 of the Revised Code.	62386

(E) Each school district's deduction under this section and	62387
divisions ~~(E)~~(B) and ~~(K)~~(H)(3) of section 3317.023 of the Revised	62388
Code shall be made from the total payment computed for the	62389
district under this chapter, after making any other adjustments in	62390
that payment required by law.	62391

(F)(1) Except as provided in division (F)(2) of this section,	62392
the department annually shall pay the governing board of each	62393
educational service center state funds equal to thirty-seven	62394
dollars times its service center ADM.	62395

(2) The department annually shall pay state funds equal to	62396
forty dollars and fifty-two cents times the service center ADM to	62397
each educational service center comprising territory that was	62398
included in the territory of at least three former service centers	62399
or county school districts, which former centers or districts	62400
engaged in one or more mergers under section 3311.053 of the	62401
Revised Code to form the present center.	62402

(G) Each city, exempted village, local, joint vocational, or	62403
cooperative education school district shall pay to the governing	62404
board of an educational service center any amounts agreed to for	62405
each child enrolled in the district who receives special education	62406
and related services or career-technical education from the	62407
educational service center, unless these educational services are	62408
provided pursuant to a contract, compact, or agreement for which	62409
the department deducts and transfers payments under division (D)	62410
of this section and division ~~(K)~~(H)(3) of section 3317.023 of the	62411
Revised Code.	62412

(H) The department annually shall pay the governing board of	62413
each educational service center that has entered into a contract	62414
with a STEM school for the provision of services described in	62415
division (B) of section 3326.45 of the Revised Code state funds	62416
equal to the per-pupil amount specified in the contract for the	62417
provision of those services times the number of students enrolled	62418
in the STEM school.	62419

(I) An educational service center:

62420

(1) May provide special education and career-technical	62421
education to students in its local or client school districts;	62422

(2) Is eligible for transportation funding under division	62423
~~(G)~~(C) of section 3317.024 of the Revised Code ~~and for state~~	62424
~~subsidies for the purchase of school buses under section 3317.07~~	62425
~~of the Revised Code~~;	62426

(3) May apply for and receive gifted education units and	62427
provide gifted education services to students in its local or	62428
client school districts;	62429

(4) May conduct driver education for high school students in	62430
accordance with Chapter 4508. of the Revised Code.	62431

Sec. 3317.12. Any board of education participating in funds	62432
distributed under ~~Chapters 3306. and~~Chapter 3317. of the Revised	62433
Code shall annually adopt a salary schedule for nonteaching school	62434
employees based upon training, experience, and qualifications with	62435
initial salaries no less than the salaries in effect on October	62436
13, 1967. Each board of education shall prepare and may amend from	62437
time to time, specifications descriptive of duties,	62438
responsibilities, requirements, and desirable qualifications of	62439
the classifications of employees required to perform the duties	62440
specified in the salary schedule. All nonteaching school employees	62441
are to be notified of the position classification to which they	62442
are assigned and the salary for the classification. The	62443
compensation of all employees working for a particular school	62444
board shall be uniform for like positions except as compensation	62445
would be affected by salary increments based upon length of	62446
service.	62447

On the fifteenth day of October each year the salary schedule	62448
and the list of job classifications and salaries in effect on that	62449
date shall be filed by each board of education with the	62450
superintendent of public instruction. If such salary schedule and	62451
classification plan is not filed the superintendent of public	62452
instruction shall order the board to file such schedules	62453
forthwith. If this condition is not corrected within ten days	62454
after receipt of the order from the superintendent of public	62455
instruction, no money shall be distributed to the district under	62456
~~Chapters 3306. and~~Chapter 3317. of the Revised Code until the	62457
superintendent has satisfactory evidence of the board of	62458
education's full compliance with such order.	62459

Sec. 3317.16. (A) As used in this section:

62460

(1) The "total special education weight" for a joint	62461
vocational school district shall be calculated in the same manner	62462
as prescribed in section 3317.022 of the Revised Code.	62463

(2) The "total vocational education weight" for a joint	62464
vocational school district shall be calculated in the same manner	62465
as prescribed in section 3317.022 of the Revised Code.	62466

(3) The "total recognized valuation" of a joint vocational	62467
school district shall be determined by adding the recognized	62468
valuations of all its constituent school districts that were	62469
subject to the joint vocational school district's tax levies for	62470
both the current and preceding tax years.	62471

(4) "Resident district" means the city, local, or exempted	62472
village school district in which a student is entitled to attend	62473
school under section 3313.64 or 3313.65 of the Revised Code.	62474

(5) "Community school" means a community school established	62475
under Chapter 3314. of the Revised Code.	62476

(B) The department of education shall compute and distribute	62477
state base cost funding to each joint vocational school district	62478
for the fiscal year in accordance with the following formula:	62479

(formula amount X formula ADM) -	62480

(.0005 X total recognized valuation)	62481

If the difference obtained under this division is a negative	62482
number, the district's computation shall be zero.	62483

(C)(1) The department shall compute and distribute state	62484
vocational education additional weighted costs funds to each joint	62485
vocational school district in accordance with the following	62486
formula:	62487

state share percentage X formula amount X	62488

total vocational education weight	62489

In each fiscal year, a joint vocational school district	62490
receiving funds under division (C)(1) of this section shall spend	62491
those funds only for the purposes the department designates as	62492
approved for vocational education expenses. Vocational educational	62493
expenses approved by the department shall include only expenses	62494
connected to the delivery of career-technical programming to	62495
career-technical students. The department shall require the joint	62496
vocational school district to report data annually so that the	62497
department may monitor the district's compliance with the	62498
requirements regarding the manner in which funding received under	62499
division (C)(1) of this section may be spent.	62500

(2) The department shall compute for each joint vocational	62501
school district state funds for vocational education associated	62502
services costs in accordance with the following formula:	62503

state share percentage X .05 X	62504

the formula amount X the sum of	62505

categories one and two vocational	62506

education ADM	62507

In any fiscal year, a joint vocational school district	62508
receiving funds under division (C)(2) of this section, or through	62509
a transfer of funds pursuant to division ~~(L)~~(I) of section	62510
3317.023 of the Revised Code, shall spend those funds only for the	62511
purposes that the department designates as approved for vocational	62512
education associated services expenses, which may include such	62513
purposes as apprenticeship coordinators, coordinators for other	62514
vocational education services, vocational evaluation, and other	62515
purposes designated by the department. The department may deny	62516
payment under division (C)(2) of this section to any district that	62517
the department determines is not operating those services or is	62518
using funds paid under division (C)(2) of this section, or through	62519
a transfer of funds pursuant to division ~~(L)~~(I) of section	62520
3317.023 of the Revised Code, for other purposes.	62521

(D)(1) The department shall compute and distribute state	62522
special education and related services additional weighted costs	62523
funds to each joint vocational school district in accordance with	62524
the following formula:	62525

state share percentage X formula amount X	62526

total special education weight	62527

(2)(a) As used in this division, the "personnel allowance"	62528
means thirty thousand dollars in fiscal years 2008 and 2009.	62529

(b) For the provision of speech language pathology services	62530
to students, including students who do not have individualized	62531
education programs prepared for them under Chapter 3323. of the	62532
Revised Code, and for no other purpose, the department shall pay	62533
each joint vocational school district an amount calculated under	62534
the following formula:	62535

(formula ADM divided by 2000) X the personnel	62536

allowance X state share percentage	62537

(3) In any fiscal year, a joint vocational school district	62538
shall spend for purposes that the department designates as	62539
approved for special education and related services expenses at	62540
least the amount calculated as follows:	62541

(formula amount X	62542

the sum of categories one through	62543

six special education ADM) +	62544

(total special education weight X	62545

formula amount)	62546

The purposes approved by the department for special education	62547
expenses shall include, but shall not be limited to, compliance	62548
with state rules governing the education of children with	62549
disabilities, providing services identified in a student's	62550
individualized education program as defined in section 3323.01 of	62551
the Revised Code, provision of speech language pathology services,	62552
and the portion of the district's overall administrative and	62553
overhead costs that are attributable to the district's special	62554
education student population.	62555

The department shall require joint vocational school	62556
districts to report data annually to allow for monitoring	62557
compliance with division (D)(3) of this section. The department	62558
shall annually report to the governor and the general assembly the	62559
amount of money spent by each joint vocational school district for	62560
special education and related services.	62561

(4) In any fiscal year, a joint vocational school district	62562
shall spend for the provision of speech language pathology	62563
services not less than the sum of the amount calculated under	62564
division (D)(1) of this section for the students in the district's	62565
category one special education ADM and the amount calculated under	62566
division (D)(2) of this section.	62567

(E)(1) If a joint vocational school district's costs for a	62568
fiscal year for a student in its categories two through six	62569
special education ADM exceed the threshold catastrophic cost for	62570
serving the student, as specified in division (C)(3)(b) of section	62571
3317.022 of the Revised Code, the district may submit to the	62572
superintendent of public instruction documentation, as prescribed	62573
by the superintendent, of all of its costs for that student. Upon	62574
submission of documentation for a student of the type and in the	62575
manner prescribed, the department shall pay to the district an	62576
amount equal to the sum of the following:	62577

(a) One-half of the district's costs for the student in	62578
excess of the threshold catastrophic cost;	62579

(b) The product of one-half of the district's costs for the	62580
student in excess of the threshold catastrophic cost multiplied by	62581
the district's state share percentage.	62582

(2) The district shall only report under division (E)(1) of	62583
this section, and the department shall only pay for, the costs of	62584
educational expenses and the related services provided to the	62585
student in accordance with the student's individualized education	62586
program. Any legal fees, court costs, or other costs associated	62587
with any cause of action relating to the student may not be	62588
included in the amount.	62589

(F) Each fiscal year, the department shall pay each joint	62590
vocational school district an amount for adult technical and	62591
vocational education and specialized consultants.	62592

(G)(1) A joint vocational school district's local share of	62593
special education and related services additional weighted costs	62594
equals:	62595

(1 - state share percentage) X	62596

Total special education weight X	62597

~~the formula amount~~ $5,732	62598

(2) For each student with a disability receiving special	62599
education and related services under an individualized education	62600
program, as defined in section 3323.01 of the Revised Code, at a	62601
joint vocational district, the resident district or, if the	62602
student is enrolled in a community school, the community school	62603
shall be responsible for the amount of any costs of providing	62604
those special education and related services to that student that	62605
exceed the sum of the amount calculated for those services	62606
attributable to that student under divisions (B), (D), (E), and	62607
(G)(1) of this section.	62608

Those excess costs shall be calculated by subtracting the sum	62609
of the following from the actual cost to provide special education	62610
and related services to the student:	62611

(a) The formula amount;

62612

(b) The product of ~~the formula amount~~$5,732 times the	62613
applicable multiple specified in section ~~3306.11~~3317.013 of the	62614
Revised Code as that section existed prior to the effective date	62615
of this amendment;	62616

(c) Any funds paid under division (E) of this section for the	62617
student;	62618

(d) Any other funds received by the joint vocational school	62619
district under this chapter to provide special education and	62620
related services to the student, not including the amount	62621
calculated under division (G)(2) of this section.	62622

(3) The board of education of the joint vocational school	62623
district may report the excess costs calculated under division	62624
(G)(2) of this section to the department of education.	62625

(4) If the board of education of the joint vocational school	62626
district reports excess costs under division (G)(3) of this	62627
section, the department shall pay the amount of excess cost	62628
calculated under division (G)(2) of this section to the joint	62629
vocational school district and shall deduct that amount as	62630
provided in division (G)(4)(a) or (b) of this section, as	62631
applicable:	62632

(a) If the student is not enrolled in a community school, the	62633
department shall deduct the amount from the account of the	62634
student's resident district pursuant to division ~~(M)~~(J) of section	62635
3317.023 of the Revised Code.	62636

(b) If the student is enrolled in a community school, the	62637
department shall deduct the amount from the account of the	62638
community school pursuant to section 3314.083 of the Revised Code.	62639

Sec. 3317.18. (A) As used in this section, the terms	62640
"Chapter 133. securities," "credit enhancement facilities," "debt	62641
charges," "general obligation," "legislation," "public	62642
obligations," and "securities" have the same meanings as in	62643
section 133.01 of the Revised Code.	62644

(B) The board of education of any school district authorizing	62645
the issuance of securities under section 133.10, 133.301, or	62646
3313.372 of the Revised Code or general obligation Chapter 133.	62647
securities may adopt legislation requesting the state department	62648
of education to approve, and enter into an agreement with the	62649
school district and the primary paying agent or fiscal agent for	62650
such securities providing for, the withholding and deposit of	62651
funds, otherwise due the district under ~~Chapters 3306. and~~Chapter	62652
3317. of the Revised Code, for the payment of debt service charges	62653
on such securities.	62654

The board of education shall deliver to the state department	62655
a copy of such resolution and any additional pertinent information	62656
the state department may require.	62657

The department of education and the office of budget and	62658
management shall evaluate each request received from a school	62659
district under this section and the department, with the advice	62660
and consent of the director of budget and management, shall	62661
approve or deny each request based on all of the following:	62662

(1) Whether approval of the request will enhance the	62663
marketability of the securities for which the request is made;	62664

(2) Any other pertinent factors or limitations established in	62665
rules made under division (I) of this section, including:	62666

(a) Current and projected obligations of funds due to the	62667
requesting school district under ~~Chapters 3306. and~~Chapter 3317.	62668
of the Revised Code including obligations of those funds to public	62669
obligations or relevant credit enhancement facilities under this	62670
section, Chapter 133. and section 3313.483 of the Revised Code,	62671
and under any other similar provisions of law;	62672

(b) Whether the department of education or the office of	62673
budget and management has any reason to believe the requesting	62674
school district will be unable to pay when due the debt charges on	62675
the securities for which the request is made.	62676

The department may require a school district to establish	62677
schedules for the payment of all debt charges that take into	62678
account the amount and timing of anticipated distributions of	62679
funds to the district under Chapter 3317. of the Revised Code.	62680

(C) If the department approves the request of a school	62681
district to withhold and deposit funds pursuant to this section,	62682
the department shall enter into a written agreement with the	62683
district and the primary paying agent or fiscal agent for the	62684
securities which shall provide for the withholding of funds	62685
pursuant to this section for the payment of debt charges on those	62686
securities, and may include both of the following:	62687

(1) Provisions for certification by the district to the	62688
department, at a time prior to any date for the payment of	62689
applicable debt charges, whether the district is able to pay those	62690
debt charges when due;	62691

(2) Requirements that the district deposit amounts for the	62692
payment of debt charges on the securities with the primary paying	62693
agent or fiscal agent for the securities prior to the date on	62694
which those debt charge payments are due to the owners or holders	62695
of the securities.	62696

(D) Whenever a district notifies the department of education	62697
that it will be unable to pay debt charges when they are due,	62698
subject to the withholding provisions of this section, or whenever	62699
the applicable paying agent or fiscal agent notifies the	62700
department that it has not timely received from a school district	62701
the full amount needed for the payment when due of those debt	62702
charges to the holders or owners of such securities, the	62703
department shall immediately contact the school district and the	62704
paying agent or fiscal agent to confirm or determine whether the	62705
district is unable to make the required payment by the date on	62706
which it is due.	62707

Upon demand of the treasurer of state while holding a school	62708
district obligation purchased under division (G)(1) of section	62709
135.143 of the Revised Code, the state department of education,	62710
without a request of the school district, shall withhold and	62711
deposit funds pursuant to this section for payment of debt service	62712
charges on that obligation.	62713

If the department confirms or determines that the district	62714
will be unable to make such payment and payment will not be made	62715
pursuant to a credit enhancement facility, the department shall	62716
promptly pay to the applicable primary paying agent or fiscal	62717
agent the lesser of the amount due for debt charges or the amount	62718
due the district for the remainder of the fiscal year under	62719
Chapter 3317. of the Revised Code. If this amount is insufficient	62720
to pay the total amount then due the agent for the payment of debt	62721
charges, the department shall pay to the agent each fiscal year	62722
thereafter, and until the full amount due the agent for unpaid	62723
debt charges is paid in full, the lesser of the remaining amount	62724
due the agent for debt charges or the amount due the district for	62725
the fiscal year under Chapter 3317. of the Revised Code.	62726

(E) The state department may make any payments under this	62727
division by direct deposit of funds by electronic transfer.	62728

Any amount received by a paying agent or fiscal agent under	62729
this section shall be applied only to the payment of debt charges	62730
on the securities of the school district subject to this section	62731
or to the reimbursement to the provider of a credit enhancement	62732
facility that has paid such debt charges.	62733

(F) To the extent a school district whose securities are	62734
subject to this section is unable to pay applicable debt charges	62735
because of the failure to collect property taxes levied for the	62736
payment of those debt charges, the district may transfer to or	62737
deposit into any fund that would have received payments under	62738
~~3306. or~~Chapter 3317. of the Revised Code that were withheld	62739
under this section any such delinquent property taxes when later	62740
collected, provided that transfer or deposit shall be limited to	62741
the amounts withheld from that fund under this section.	62742

(G) The department may make payments under this section to	62743
paying agents or fiscal agents only from and to the extent that	62744
money is appropriated by the general assembly for Chapter 3317. of	62745
the Revised Code or for the purposes of this section. No	62746
securities of a school district to which this section is made	62747
applicable constitute an obligation or a debt or a pledge of the	62748
faith, credit, or taxing power of the state, and the holders or	62749
owners of such securities have no right to have taxes levied or	62750
appropriations made by the general assembly for the payment of	62751
debt charges on those securities, and those securities, if the	62752
department requires, shall contain a statement to that effect. The	62753
agreement for or the actual withholding and payment of moneys	62754
under this section does not constitute the assumption by the state	62755
of any debt of a school district.	62756

(H) In the case of securities subject to the withholding	62757
provisions of this section, the issuing board of education shall	62758
appoint a paying agent or fiscal agent who is not an officer or	62759
employee of the school district.	62760

(I) The department of education, with the advice of the	62761
office of budget and management, may adopt reasonable rules not	62762
inconsistent with this section for the implementation of this	62763
section and division (B) of section 133.25 of the Revised Code as	62764
it relates to the withholding and depositing of payments under	62765
~~Chapters 3306. and~~Chapter 3317. of the Revised Code to secure	62766
payment of debt charges on school district securities. Those rules	62767
shall include criteria for the evaluation and approval or denial	62768
of school district requests for withholding under this section and	62769
limits on the obligation for the purpose of paying debt charges or	62770
reimbursing credit enhancement facilities of funds otherwise to be	62771
paid to school districts under Chapter 3317. of the Revised Code.	62772

(J) The authority granted by this section is in addition to	62773
and not a limitation on any other authorizations granted by or	62774
pursuant to law for the same or similar purposes.	62775

Sec. 3317.19. (A) As used in this section, "total unit	62776
allowance" means an amount equal to the sum of the following:	62777

(1) The total of the salary allowances for the teachers	62778
employed in the cooperative education school district for all	62779
units approved under division (B) or (C) of section 3317.05 of the	62780
Revised Code. The salary allowance for each unit shall equal the	62781
minimum salary for the teacher of the unit calculated on the basis	62782
of the teacher's training level and years of experience pursuant	62783
to the salary schedule prescribed in the version of section	62784
3317.13 of the Revised Code in effect prior to July 1, 2001.	62785

(2) Fifteen per cent of the total computed under division	62786
(A)(1) of this section;	62787

(3) The total of the unit operating allowances for all	62788
approved units. The amount of each allowance shall equal one of	62789
the following:	62790

(a) Eight thousand twenty-three dollars times the number of	62791
units for preschool children with disabilities or fraction thereof	62792
approved for the year under division (B) of section 3317.05 of the	62793
Revised Code;	62794

(b) Two thousand one hundred thirty-two dollars times the	62795
number of units or fraction thereof approved for the year under	62796
division (C) of section 3317.05 of the Revised Code.	62797

(B) The state board of education shall compute and distribute	62798
to each cooperative education school district for each fiscal year	62799
an amount equal to the sum of the following:	62800

(1) An amount equal to the total of the amounts credited to	62801
the cooperative education school district pursuant to division	62802
~~(K)~~(H) of section 3317.023 of the Revised Code;	62803

(2) The total unit allowance;

62804

(3) An amount for assisting in providing free lunches to	62805
needy children ~~and an amount for assisting needy school districts~~	62806
~~in purchasing necessary equipment for food preparation~~ pursuant to	62807
division ~~(H)~~(D) of section 3317.024 of the Revised Code.	62808

(C) If a cooperative education school district has had	62809
additional special education units approved for the year under	62810
division (F)(2) of section 3317.03 of the Revised Code, the	62811
district shall receive an additional amount during the last half	62812
of the fiscal year. For each unit, the additional amount shall	62813
equal fifty per cent of the amount computed under division (A) of	62814
this section for a unit approved under division (B) of section	62815
3317.05 of the Revised Code.	62816

Sec. 3317.20. This section does not apply to preschool	62817
children with disabilities.	62818

(A) As used in this section:

62819

(1) "Applicable weight" means the multiple specified in	62820
section ~~3306.11~~3317.013 of the Revised Code for a disability	62821
described in that section.	62822

(2) "Child's school district" means the school district in	62823
which a child is entitled to attend school pursuant to section	62824
3313.64 or 3313.65 of the Revised Code.	62825

(3) "State share percentage" means the state share percentage	62826
of the child's school district.	62827

(B) Except as provided in division (C) of this section, the	62828
department shall annually pay each county DD board for each child	62829
with a disability, other than a preschool child with a disability,	62830
for whom the county DD board provides special education and	62831
related services an amount equal to the formula amount + (state	62832
share percentage X formula amount X the applicable weight).	62833

(C) If any school district places with a county DD board more	62834
children with disabilities than it had placed with a county DD	62835
board in fiscal year 1998, the department shall not make a payment	62836
under division (B) of this section for the number of children	62837
exceeding the number placed in fiscal year 1998. The department	62838
instead shall deduct from the district's payments under this	62839
chapter ~~and Chapter 3306. of the Revised Code~~, and pay to the	62840
county DD board, an amount calculated in accordance with the	62841
formula prescribed in division (B) of this section for each child	62842
over the number of children placed in fiscal year 1998.	62843

(D) The department shall calculate for each county DD board	62844
receiving payments under divisions (B) and (C) of this section the	62845
following amounts:	62846

(1) The amount received by the county DD board for approved	62847
special education and related services units, other than units for	62848
preschool children with disabilities, in fiscal year 1998, divided	62849
by the total number of children served in the units that year;	62850

(2) The product of the quotient calculated under division	62851
(D)(1) of this section times the number of children for whom	62852
payments are made under divisions (B) and (C) of this section.	62853

If the amount calculated under division (D)(2) of this	62854
section is greater than the total amount calculated under	62855
divisions (B) and (C) of this section, the department shall pay	62856
the county DD board one hundred per cent of the difference in	62857
addition to the payments under divisions (B) and (C) of this	62858
section.	62859

(E) Each county DD board shall report to the department, in	62860
the manner specified by the department, the name of each child for	62861
whom the county DD board provides special education and related	62862
services and the child's school district.	62863

(F)(1) For the purpose of verifying the accuracy of the	62864
payments under this section, the department may request from	62865
either of the following entities the data verification code	62866
assigned under division (D)(2) of section 3301.0714 of the Revised	62867
Code to any child who is placed with a county DD board:	62868

(a) The child's school district;

62869

(b) The independent contractor engaged to create and maintain	62870
data verification codes.	62871

(2) Upon a request by the department under division (F)(1) of	62872
this section for the data verification code of a child, the	62873
child's school district shall submit that code to the department	62874
in the manner specified by the department. If the child has not	62875
been assigned a code, the district shall assign a code to that	62876
child and submit the code to the department by a date specified by	62877
the department. If the district does not assign a code to the	62878
child by the specified date, the department shall assign a code to	62879
the child.	62880

The department annually shall submit to each school district	62881
the name and data verification code of each child residing in the	62882
district for whom the department has assigned a code under this	62883
division.	62884

(3) The department shall not release any data verification	62885
code that it receives under division (F) of this section to any	62886
person except as provided by law.	62887

(G) Any document relative to special education and related	62888
services provided by a county DD board that the department holds	62889
in its files that contains both a student's name or other	62890
personally identifiable information and the student's data	62891
verification code shall not be a public record under section	62892
149.43 of the Revised Code.	62893

Sec. 3317.201. This section does not apply to preschool	62894
children with disabilities.	62895

(A) As used in this section, the "total special education	62896
weight" for an institution means the sum of the following amounts:	62897

(1) The number of children reported by the institution under	62898
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	62899
receiving services for a disability described in division	62900
~~(D)(1)~~(A) of section ~~3306.02~~3317.013 of the Revised Code	62901
multiplied by the multiple specified in that division;	62902

(2) The number of children reported by the institution under	62903
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	62904
receiving services for a disability described in division	62905
~~(D)(2)~~(B) of section ~~3306.02~~3317.013 of the Revised Code	62906
multiplied by the multiple specified in that division;	62907

(3) The number of children reported by the institution under	62908
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	62909
receiving services for a disability described in division	62910
~~(D)(3)~~(C) of section ~~3306.02~~3317.013 of the Revised Code	62911
multiplied by the multiple specified in that division;	62912

(4) The number of children reported by the institution under	62913
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	62914
receiving services for a disability described in division (D)~~(4)~~	62915
of section ~~3306.02~~3317.013 of the Revised Code multiplied by the	62916
multiple specified in that division;	62917

(5) The number of children reported by the institution under	62918
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	62919
receiving services for a disability described in division	62920
~~(D)(5)~~(E) of section ~~3306.02~~3317.013 of the Revised Code	62921
multiplied by the multiple specified in that division;	62922

(6) The number of children reported by the institution under	62923
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	62924
receiving services for a disability described in division	62925
~~(D)(6)~~(F) of section ~~3306.02~~3317.013 of the Revised Code	62926
multiplied by the multiple specified in that division.	62927

(B) For each fiscal year, the department of education shall	62928
pay each state institution required to provide special education	62929
services under division (A) of section 3323.091 of the Revised	62930
Code an amount equal to the greater of:	62931

(1) The formula amount times the institution's total special	62932
education weight;	62933

(2) The aggregate amount of special education and related	62934
services unit funding the institution received for all children	62935
with disabilities other than preschool children with disabilities	62936
in fiscal year 2005 under sections 3317.052 and 3317.053 of the	62937
Revised Code, as those sections existed prior to June 30, 2005.	62938

Sec. 3318.011. For purposes of providing assistance under	62939
sections 3318.01 to 3318.20 of the Revised Code, the department of	62940
education shall annually do all of the following:	62941

(A) Calculate the adjusted valuation per pupil of each city,	62942
local, and exempted village school district according to the	62943
following formula:	62944

The district's valuation per pupil -	62945

[$30,000 X (1 - the district's income factor)].	62946

For purposes of this calculation:

62947

(1) Except for a district with an open enrollment net gain	62948
that is ten per cent or more of its formula ADM, "valuation per	62949
pupil" for a district means its average taxable value, divided by	62950
its formula ADM for the previous fiscal year. "Valuation per	62951
pupil," for a district with an open enrollment net gain that is	62952
ten per cent or more of its formula ADM, means its average taxable	62953
value, divided by the sum of its formula ADM for the previous	62954
fiscal year plus its open enrollment net gain for the previous	62955
fiscal year.	62956

(2) ~~"Average~~Except for a tangible personal property	62957
phase-out impacted district, "average taxable value" means the	62958
average of the sum of the amounts certified for a district under	62959
divisions (A)(1) and (2) of section 3317.021 of the Revised Code	62960
in the second, third, and fourth preceding fiscal years. For a	62961
tangible personal property phase-out impacted district, "average	62962
taxable value" means the average of the sum of the amounts	62963
certified for the district under division (A)(1) and as public	62964
utility personal property under division (A)(2) of section	62965
3317.021 of the Revised Code in the second, third, and fourth	62966
preceding fiscal years.	62967

(3) "Entitled to attend school" means entitled to attend	62968
school in a city, local, or exempted village school district under	62969
section 3313.64 or 3313.65 of the Revised Code.	62970

(4) "Formula ADM" and "income factor" have the same meanings	62971
as in section 3317.02 of the Revised Code.	62972

(5) "Native student" has the same meaning as in section	62973
3313.98 of the Revised Code.	62974

(6) "Open enrollment net gain" for a district means (a) the	62975
number of the students entitled to attend school in another	62976
district but who are enrolled in the schools of the district under	62977
its open enrollment policy minus (b) the number of the district's	62978
native students who are enrolled in the schools of another	62979
district under the other district's open enrollment policy, both	62980
numbers as certified to the department under section 3313.981 of	62981
the Revised Code. If the difference is a negative number, the	62982
district's "open enrollment net gain" is zero.	62983

(7) "Open enrollment policy" means an interdistrict open	62984
enrollment policy adopted under section 3313.98 of the Revised	62985
Code.	62986

(8) "Tangible personal property phase-out impacted district"	62987
means a school district for which the taxable value of its	62988
tangible personal property certified under division (A)(2) of	62989
section 3317.021 of the Revised Code for tax year 2005, excluding	62990
the taxable value of public utility personal property, made up	62991
eighteen per cent or more of its total taxable value for tax year	62992
2005 as certified under that section.	62993

(B) Calculate for each district the three-year average of the	62994
adjusted valuations per pupil calculated for the district for the	62995
current and two preceding fiscal years;	62996

(C) Rank all such districts in order of adjusted valuation	62997
per pupil from the district with the lowest three-year average	62998
adjusted valuation per pupil to the district with the highest	62999
three-year average adjusted valuation per pupil;	63000

(D) Divide such ranking into percentiles with the first	63001
percentile containing the one per cent of school districts having	63002
the lowest three-year average adjusted valuations per pupil and	63003
the one-hundredth percentile containing the one per cent of school	63004
districts having the highest three-year average adjusted	63005
valuations per pupil;	63006

(E) Determine the school districts that have three-year	63007
average adjusted valuations per pupil that are greater than the	63008
median three-year average adjusted valuation per pupil for all	63009
school districts in the state;	63010

(F) On or before the first day of September, certify the	63011
information described in divisions (A) to (E) of this section to	63012
the Ohio school facilities commission.	63013

Sec. 3318.032. (A) Except as otherwise provided in divisions	63014
(C) and (D) of this section, the portion of the basic project cost	63015
supplied by the school district shall be the greater of:	63016

(1) The required percentage of the basic project costs;

63017

(2)(a) For all districts except a district that opts to	63018
divide its entire classroom facilities needs into segments to be	63019
completed separately as authorized by section 3318.034 of the	63020
Revised Code, an amount necessary to raise the school district's	63021
net bonded indebtedness, as of the date the controlling board	63022
approved the project, to within five thousand dollars of the	63023
required level of indebtedness;	63024

(b) For a district that opts to divide its entire classroom	63025
facilities needs into segments to be completed separately as	63026
authorized by section 3318.034 of the Revised Code, an amount	63027
necessary to raise the school district's net bonded indebtedness,	63028
as of the date the controlling board approved the project, to	63029
within five thousand dollars of the following:	63030

The required level of indebtedness X (the basic	63031

project cost of the segment as approved	63032

by the controlling board / the estimated basic	63033

project cost of the district's entire classroom facilities	63034

needs as determined jointly by the staff of the Ohio	63035

school facilities commission and the district)	63036

(B) The amount of the district's share determined under this	63037
section shall be calculated only as of the date the controlling	63038
board approved the project, and that amount applies throughout the	63039
~~one-year~~thirteen-month period permitted under section 3318.05 of	63040
the Revised Code for the district's electors to approve the	63041
propositions described in that section. If the amount reserved and	63042
encumbered for a project is released because the electors do not	63043
approve those propositions within that ~~year~~period, and the school	63044
district later receives the controlling board's approval for the	63045
project, subject to a new project scope and estimated costs under	63046
section 3318.054 of the Revised Code, the district's portion shall	63047
be recalculated in accordance with this section as of the date of	63048
the controlling board's subsequent approval.	63049

(C) At no time shall a school district's portion of the basic	63050
project cost be greater than ninety-five per cent of the total	63051
basic project cost.	63052

(D) If the controlling board approves a project under	63053
sections 3318.01 to 3318.20 of the Revised Code for a school	63054
district that previously received assistance under those sections	63055
or section 3318.37 of the Revised Code within the twenty-year	63056
period prior to the date on which the controlling board approves	63057
the new project, the district's portion of the basic project cost	63058
for the new project shall be the lesser of the following:	63059

(1) The portion calculated under division (A) of this	63060
section;	63061

(2) The greater of the following:

63062

(a) The required percentage of the basic project costs for	63063
the new project;	63064

(b) The percentage of the basic project cost paid by the	63065
district for the previous project.	63066

Sec. 3318.034. (A) This section applies to both of the	63067
following:	63068

(1) Any school district that has not executed an agreement	63069
for a project under sections 3318.01 to 3318.20 of the Revised	63070
Code prior to ~~the effective date of this section~~June 24, 2008;	63071

(2) Any school district that is eligible for additional	63072
assistance under sections 3318.01 to 3318.20 of the Revised Code	63073
pursuant to division (B)(2) of section 3318.04 of the Revised	63074
Code.	63075

Notwithstanding any provision of this chapter to the	63076
contrary, with the approval of the Ohio school facilities	63077
commission, any school district to which this section applies may	63078
opt to divide the district's entire classroom facilities needs, as	63079
those needs are jointly determined by the staff of the commission	63080
and the school district, into discrete segments and shall comply	63081
with all of the provisions of those sections unless otherwise	63082
provided in this section.	63083

(B) ~~Each~~Except as provided in division (C) of this section,	63084
each segment shall comply with all of the following:	63085

(1) The segment shall consist of the new construction of one	63086
or more entire buildings or the complete renovation of one or more	63087
entire existing buildings, with any necessary additions to that	63088
building.	63089

(2) The segment shall not include any construction of or	63090
renovation or repair to any building that does not complete the	63091
needs of the district with respect to that particular building at	63092
the time the segment is completed.	63093

(3) The segment shall consist of new construction,	63094
renovations, additions, reconstruction, or repair of classroom	63095
facilities to the extent that the school district portion, as	63096
determined under section 3318.032 of the Revised Code, is an	63097
amount not less than the product of 0.040 times the district's	63098
valuation at the time the agreement for the segment is executed,	63099
unless the district previously has undertaken a segment under this	63100
section and the district's portion of the estimated basic project	63101
cost of the remainder of its entire classroom facilities needs, as	63102
determined jointly by the staff of the commission and the	63103
district, is less than the amount otherwise required by this	63104
division.	63105

(C) A district described in division (A)(2) of this section	63106
that has not received the additional assistance authorized under	63107
division (B)(2) of section 3318.04 of the Revised Code may	63108
undertake a segment, with commission approval, for the purpose of	63109
renovating or replacing work performed on a facility under the	63110
district's prior project. The commission may approve that segment	63111
if the commission determines that the renovation or replacement is	63112
necessary to protect the facility. The basic project cost of the	63113
segment shall be allocated between the state and the district in	63114
accordance with section 3318.032 of the Revised Code. However, the	63115
requirements of division (B) of this section shall not apply to a	63116
segment undertaken under this division.	63117

(D) The commission shall conditionally approve and seek	63118
controlling board approval in accordance with division (A) of	63119
section 3318.04 of the Revised Code of each segment.	63120

~~(D)~~(E) The school district's maintenance levy requirement, as	63121
defined in section 3318.18 of the Revised Code, shall run for	63122
twenty-three years from the date the first segment is undertaken;	63123
however, the maintenance levy requirement does not apply to a	63124
segment undertaken under division (C) of this section.	63125

Sec. 3318.05. The conditional approval of the Ohio school	63126
facilities commission for a project shall lapse and the amount	63127
reserved and encumbered for such project shall be released unless	63128
the school district board accepts such conditional approval within	63129
one hundred twenty days following the date of certification of the	63130
conditional approval to the school district board and the electors	63131
of the school district vote favorably on both of the propositions	63132
described in divisions (A) and (B) of this section within ~~one year~~	63133
thirteen months of the date of such certification, except that a	63134
school district described in division (C) of this section does not	63135
need to submit the proposition described in division (B) of this	63136
section. The propositions described in divisions (A) and (B) of	63137
this section shall be combined in a single proposal. If the	63138
district board or the district's electors fail to meet such	63139
requirements and the amount reserved and encumbered for the	63140
district's project is released, the district shall be given first	63141
priority for project funding as such funds become available,	63142
subject to section 3318.054 of the Revised Code.	63143

(A) On the question of issuing bonds of the school district	63144
board, for the school district's portion of the basic project	63145
cost, in an amount equal to the school district's portion of the	63146
basic project cost less the amount of the proceeds of any	63147
securities authorized or to be authorized under division (J) of	63148
section 133.06 of the Revised Code and dedicated by the school	63149
district board to payment of the district's portion of the basic	63150
project cost; and	63151

(B) On the question of levying a tax the proceeds of which	63152
shall be used to pay the cost of maintaining the classroom	63153
facilities included in the project. Such tax shall be at the rate	63154
of not less than one-half mill for each dollar of valuation for a	63155
period of twenty-three years, subject to any extension approved	63156
under section 3318.061 of the Revised Code.	63157

(C) If a school district has in place a tax levied under	63158
section 5705.21 of the Revised Code for general permanent	63159
improvements for a continuing period of time and the proceeds of	63160
such tax can be used for maintenance, or if a district agrees to	63161
the transfers described in section 3318.051 of the Revised Code,	63162
the school district need not levy the additional tax required	63163
under division (B) of this section, provided the school district	63164
board includes in the agreement entered into under section 3318.08	63165
of the Revised Code provisions either:	63166

(1) Earmarking an amount from the proceeds of that permanent	63167
improvement tax for maintenance of classroom facilities equivalent	63168
to the amount of the additional tax and for the equivalent number	63169
of years otherwise required under this section;	63170

(2) Requiring the transfer of money in accordance with	63171
section 3318.051 of the Revised Code.	63172

The district board subsequently may rescind the agreement to	63173
make the transfers under section 3318.051 of the Revised Code only	63174
so long as the electors of the district have approved, in	63175
accordance with section 3318.063 of the Revised Code, the levy of	63176
a tax for the maintenance of the classroom facilities acquired	63177
under the district's project and that levy continues to be	63178
collected as approved by the electors.	63179

(D) Proceeds of the tax to be used for maintenance of the	63180
classroom facilities under either division (B) or (C)(1) of this	63181
section, and transfers of money in accordance with section	63182
3318.051 of the Revised Code shall be deposited into a separate	63183
fund established by the school district for such purpose.	63184

Sec. 3318.051. (A) Any city, exempted village, or local	63185
school district that commences a project under sections 3318.01 to	63186
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or	63187
after September 5, 2006, need not levy the tax otherwise required	63188
under division (B) of section 3318.05 of the Revised Code, if the	63189
district board of education adopts a resolution petitioning the	63190
Ohio school facilities commission to approve the transfer of money	63191
in accordance with this section and the commission approves that	63192
transfer. If so approved, the commission and the district board	63193
shall enter into an agreement under which the board, in each of	63194
twenty-three consecutive years beginning in the year in which the	63195
board and the commission enter into the project agreement under	63196
section 3318.08 of the Revised Code, shall transfer into the	63197
maintenance fund required by division (D) of section 3318.05 of	63198
the Revised Code not less than an amount equal to one-half mill	63199
for each dollar of the district's valuation unless and until the	63200
agreement to make those transfers is rescinded by the district	63201
board pursuant to division (F) of this section.	63202

(B) On the first day of July each year, or on an alternative	63203
date prescribed by the commission, the district treasurer shall	63204
certify to the commission and the auditor of state that the amount	63205
required for the year has been transferred. The auditor of state	63206
shall include verification of the transfer as part of any audit of	63207
the district under section 117.11 of the Revised Code. If the	63208
auditor of state finds that less than the required amount has been	63209
deposited into a district's maintenance fund, the auditor of state	63210
shall notify the district board of education in writing of that	63211
fact and require the board to deposit into the fund, within ninety	63212
days after the date of the notice, the amount by which the fund is	63213
deficient for the year. If the district board fails to demonstrate	63214
to the auditor of state's satisfaction that the board has made the	63215
deposit required in the notice, the auditor of state shall notify	63216
the department of education. At that time, the department shall	63217
withhold an amount equal to ten per cent of the district's funds	63218
calculated for the current fiscal year under ~~Chapters 3306. and~~	63219
Chapter 3317. of the Revised Code until the auditor of state	63220
notifies the department that the auditor of state is satisfied	63221
that the board has made the required transfer.	63222

(C) Money transferred to the maintenance fund shall be used	63223
for the maintenance of the facilities acquired under the	63224
district's project.	63225

(D) The transfers to the maintenance fund under this section	63226
does not affect a district's obligation to establish and maintain	63227
a capital and maintenance fund under section 3315.18 of the	63228
Revised Code.	63229

(E) Any decision by the commission to approve or not approve	63230
the transfer of money under this section is final and not subject	63231
to appeal. The commission shall not be responsible for errors or	63232
miscalculations made in deciding whether to approve a petition to	63233
make transfers under this section.	63234

(F) If the district board determines that it no longer can	63235
continue making the transfers agreed to under this section, the	63236
board may rescind the agreement only so long as the electors of	63237
the district have approved, in accordance with section 3318.063 of	63238
the Revised Code, the levy of a tax for the maintenance of the	63239
classroom facilities acquired under the district's project and	63240
that levy continues to be collected as approved by the electors.	63241
That levy shall be for a number of years that is equal to the	63242
difference between twenty-three years and the number of years that	63243
the district made transfers under this section and shall be at the	63244
rate of not less than one-half mill for each dollar of the	63245
district's valuation. The district board shall continue to make	63246
the transfers agreed to under this section until that levy has	63247
been approved by the electors.	63248

Sec. 3318.054. (A) If conditional approval of a city,	63249
exempted village, or local school district's project lapses as	63250
provided in section 3318.05 of the Revised Code, or if conditional	63251
approval of a joint vocational school district's project lapses as	63252
provided in division (D) of section 3318.41 of the Revised Code,	63253
because the district's electors have not approved the ballot	63254
measures necessary to generate the district's portion of the basic	63255
project cost, and if the district board desires to seek a new	63256
conditional approval of the project, the district board shall	63257
request that the Ohio school facilities commission set the scope,	63258
basic project cost, and school district portion of the basic	63259
project cost prior to resubmitting the ballot measures to the	63260
electors. To do so, the commission shall use the district's	63261
current assessed tax valuation and the district's percentile for	63262
the prior fiscal year. For a district that has entered into an	63263
agreement under section 3318.36 of the Revised Code and desires to	63264
proceed with a project under sections 3318.01 to 3318.20 of the	63265
Revised Code, the district's portion of the basic project cost	63266
shall be the percentage specified in that agreement. The project	63267
scope and basic costs established under this division shall be	63268
valid for one year from the date the commission approves them.	63269

(B) Upon the commission's approval under division (A) of this	63270
section, the district board may submit the ballot measures to the	63271
district's electors for approval of the project based on the new	63272
project scope and estimated costs. Upon electoral approval of	63273
those measures, the district shall be given first priority for	63274
project funding as such funds become available.	63275

(C) When the commission determines that funds are available	63276
for the district's project, the commission shall do all of the	63277
following:	63278

(1) Determine the school district portion of the basic	63279
project cost under section 3318.032 of the Revised Code, in the	63280
case of a city, exempted village, or local school district, or	63281
under section 3318.42 of the Revised Code, in the case of a joint	63282
vocational school district;	63283

(2) Conditionally approve the project and submit it to the	63284
controlling board for approval pursuant to section 3318.04 of the	63285
Revised Code;	63286

(3) Encumber funds for the project under section 3318.11 of	63287
the Revised Code;	63288

(4) Enter into an agreement with the district board under	63289
section 3318.08 of the Revised Code.	63290

Sec. 3318.08. Except in the case of a joint vocational	63291
school district that receives assistance under sections 3318.40 to	63292
3318.45 of the Revised Code, if the requisite favorable vote on	63293
the election is obtained, or if the school district board has	63294
resolved to apply the proceeds of a property tax levy or the	63295
proceeds of an income tax, or a combination of proceeds from such	63296
taxes, as authorized in section 3318.052 of the Revised Code, the	63297
Ohio school facilities commission, upon certification to it of	63298
either the results of the election or the resolution under section	63299
3318.052 of the Revised Code, shall enter into a written agreement	63300
with the school district board for the construction and sale of	63301
the project. In the case of a joint vocational school district	63302
that receives assistance under sections 3318.40 to 3318.45 of the	63303
Revised Code, if the school district board of education and the	63304
school district electors have satisfied the conditions prescribed	63305
in division (D)(1) of section 3318.41 of the Revised Code, the	63306
commission shall enter into an agreement with the school district	63307
board for the construction and sale of the project. In either	63308
case, the agreement shall include, but need not be limited to, the	63309
following provisions:	63310

(A) The sale and issuance of bonds or notes in anticipation	63311
thereof, as soon as practicable after the execution of the	63312
agreement, in an amount equal to the school district's portion of	63313
the basic project cost, including any securities authorized under	63314
division (J) of section 133.06 of the Revised Code and dedicated	63315
by the school district board to payment of the district's portion	63316
of the basic project cost of the project; provided, that if at	63317
that time the county treasurer of each county in which the school	63318
district is located has not commenced the collection of taxes on	63319
the general duplicate of real and public utility property for the	63320
year in which the controlling board approved the project, the	63321
school district board shall authorize the issuance of a first	63322
installment of bond anticipation notes in an amount specified by	63323
the agreement, which amount shall not exceed an amount necessary	63324
to raise the net bonded indebtedness of the school district as of	63325
the date of the controlling board's approval to within five	63326
thousand dollars of the required level of indebtedness for the	63327
preceding year. In the event that a first installment of bond	63328
anticipation notes is issued, the school district board shall, as	63329
soon as practicable after the county treasurer of each county in	63330
which the school district is located has commenced the collection	63331
of taxes on the general duplicate of real and public utility	63332
property for the year in which the controlling board approved the	63333
project, authorize the issuance of a second and final installment	63334
of bond anticipation notes or a first and final issue of bonds.	63335

The combined value of the first and second installment of	63336
bond anticipation notes or the value of the first and final issue	63337
of bonds shall be equal to the school district's portion of the	63338
basic project cost. The proceeds of any such bonds shall be used	63339
first to retire any bond anticipation notes. Otherwise, the	63340
proceeds of such bonds and of any bond anticipation notes, except	63341
the premium and accrued interest thereon, shall be deposited in	63342
the school district's project construction fund. In determining	63343
the amount of net bonded indebtedness for the purpose of fixing	63344
the amount of an issue of either bonds or bond anticipation notes,	63345
gross indebtedness shall be reduced by moneys in the bond	63346
retirement fund only to the extent of the moneys therein on the	63347
first day of the year preceding the year in which the controlling	63348
board approved the project. Should there be a decrease in the tax	63349
valuation of the school district so that the amount of	63350
indebtedness that can be incurred on the tax duplicates for the	63351
year in which the controlling board approved the project is less	63352
than the amount of the first installment of bond anticipation	63353
notes, there shall be paid from the school district's project	63354
construction fund to the school district's bond retirement fund to	63355
be applied against such notes an amount sufficient to cause the	63356
net bonded indebtedness of the school district, as of the first	63357
day of the year following the year in which the controlling board	63358
approved the project, to be within five thousand dollars of the	63359
required level of indebtedness for the year in which the	63360
controlling board approved the project. The maximum amount of	63361
indebtedness to be incurred by any school district board as its	63362
share of the cost of the project is either an amount that will	63363
cause its net bonded indebtedness, as of the first day of the year	63364
following the year in which the controlling board approved the	63365
project, to be within five thousand dollars of the required level	63366
of indebtedness, or an amount equal to the required percentage of	63367
the basic project costs, whichever is greater. All bonds and bond	63368
anticipation notes shall be issued in accordance with Chapter 133.	63369
of the Revised Code, and notes may be renewed as provided in	63370
section 133.22 of the Revised Code.	63371

(B) The transfer of such funds of the school district board	63372
available for the project, together with the proceeds of the sale	63373
of the bonds or notes, except premium, accrued interest, and	63374
interest included in the amount of the issue, to the school	63375
district's project construction fund;	63376

(C) For all school districts except joint vocational school	63377
districts that receive assistance under sections 3318.40 to	63378
3318.45 of the Revised Code, the following provisions as	63379
applicable:	63380

(1) If section 3318.052 of the Revised Code applies, the	63381
earmarking of the proceeds of a tax levied under section 5705.21	63382
of the Revised Code for general permanent improvements or under	63383
section 5705.218 of the Revised Code for the purpose of permanent	63384
improvements, or the proceeds of a school district income tax	63385
levied under Chapter 5748. of the Revised Code, or the proceeds	63386
from a combination of those two taxes, in an amount to pay all or	63387
part of the service charges on bonds issued to pay the school	63388
district portion of the project and an amount equivalent to all or	63389
part of the tax required under division (B) of section 3318.05 of	63390
the Revised Code;	63391

(2) If section 3318.052 of the Revised Code does not apply,	63392
one of the following:	63393

(a) The levy of the tax authorized at the election for the	63394
payment of maintenance costs, as specified in division (B) of	63395
section 3318.05 of the Revised Code;	63396

(b) If the school district electors have approved a	63397
continuing tax for general permanent improvements under section	63398
5705.21 of the Revised Code and that tax can be used for	63399
maintenance, the earmarking of an amount of the proceeds from such	63400
tax for maintenance of classroom facilities as specified in	63401
division (B) of section 3318.05 of the Revised Code;	63402

(c) If, in lieu of the tax otherwise required under division	63403
(B) of section 3318.05 of the Revised Code, the commission has	63404
approved the transfer of money to the maintenance fund in	63405
accordance with section 3318.051 of the Revised Code, a	63406
requirement that the district board comply with the provisions	63407
that section. The district board may rescind the provision	63408
prescribed under division (C)(2)(c) of this section only so long	63409
as the electors of the district have approved, in accordance with	63410
section 3318.063 of the Revised Code, the levy of a tax for the	63411
maintenance of the classroom facilities acquired under the	63412
district's project and that levy continues to be collected as	63413
approved by the electors.	63414

(D) For joint vocational school districts that receive	63415
assistance under sections 3318.40 to 3318.45 of the Revised Code,	63416
provision for deposit of school district moneys dedicated to	63417
maintenance of the classroom facilities acquired under those	63418
sections as prescribed in section 3318.43 of the Revised Code;	63419

(E) Dedication of any local donated contribution as provided	63420
for under section 3318.084 of the Revised Code, including a	63421
schedule for depositing such moneys applied as an offset of the	63422
district's obligation to levy the tax described in division (B) of	63423
section 3318.05 of the Revised Code as required under division	63424
(D)(2) of section 3318.084 of the Revised Code;	63425

(F) Ownership of or interest in the project during the period	63426
of construction, which shall be divided between the commission and	63427
the school district board in proportion to their respective	63428
contributions to the school district's project construction fund;	63429

(G) Maintenance of the state's interest in the project until	63430
any obligations issued for the project under section 3318.26 of	63431
the Revised Code are no longer outstanding;	63432

(H) The insurance of the project by the school district from	63433
the time there is an insurable interest therein and so long as the	63434
state retains any ownership or interest in the project pursuant to	63435
division (F) of this section, in such amounts and against such	63436
risks as the commission shall require; provided, that the cost of	63437
any required insurance until the project is completed shall be a	63438
part of the basic project cost;	63439

(I) The certification by the director of budget and	63440
management that funds are available and have been set aside to	63441
meet the state's share of the basic project cost as approved by	63442
the controlling board pursuant to either section 3318.04 or	63443
division (B)(1) of section 3318.41 of the Revised Code;	63444

(J) Authorization of the school district board to advertise	63445
for and receive construction bids for the project, for and on	63446
behalf of the commission, and to award contracts in the name of	63447
the state subject to approval by the commission;	63448

(K) Provisions for the disbursement of moneys from the school	63449
district's project account upon issuance by the commission or the	63450
commission's designated representative of vouchers for work done	63451
to be certified to the commission by the treasurer of the school	63452
district board;	63453

(L) Disposal of any balance left in the school district's	63454
project construction fund upon completion of the project;	63455

(M) Limitations upon use of the project or any part of it so	63456
long as any obligations issued to finance the project under	63457
section 3318.26 of the Revised Code are outstanding;	63458

(N) Provision for vesting the state's interest in the project	63459
to the school district board when the obligations issued to	63460
finance the project under section 3318.26 of the Revised Code are	63461
outstanding;	63462

(O) Provision for deposit of an executed copy of the	63463
agreement in the office of the commission;	63464

(P) Provision for termination of the contract and release of	63465
the funds encumbered at the time of the conditional approval, if	63466
the proceeds of the sale of the bonds of the school district board	63467
are not paid into the school district's project construction fund	63468
and if bids for the construction of the project have not been	63469
taken within such period after the execution of the agreement as	63470
may be fixed by the commission;	63471

(Q) Provision for the school district to maintain the project	63472
in accordance with a plan approved by the commission;	63473

(R)~~(1) For all school districts except a district undertaking~~	63474
~~a project under section 3318.38 of the Revised Code or a joint~~	63475
~~vocational school district undertaking a project under sections~~	63476
~~3318.40 to 3318.45 of the Revised Code, provision~~Provision that	63477
all state funds reserved and encumbered to pay the state share of	63478
the cost of the project ~~pursuant to section 3318.03 of the Revised~~	63479
~~Code be spent on the construction or acquisition of the project~~	63480
~~prior to the expenditure of any~~and the funds provided by the	63481
school district to pay for its share of the project cost, ~~unless~~	63482
including the respective shares of the cost of a segment if the	63483
project is divided into segments, be spent on the construction and	63484
acquisition of the project or segment simultaneously in proportion	63485
to the state's and the school district's respective shares of that	63486
basic project cost as determined under section 3318.032 of the	63487
Revised Code or, if the district is a joint vocational school	63488
district, under section 3318.42 of the Revised Code. However, if	63489
the school district certifies to the commission that expenditure	63490
by the school district is necessary to maintain the federal tax	63491
status or tax-exempt status of notes or bonds issued by the school	63492
district to pay for its share of the project cost or to comply	63493
with applicable temporary investment periods or spending	63494
exceptions to rebate as provided for under federal law in regard	63495
to those notes or bonds, ~~in which cases,~~ the school district may	63496
commit to spend, or spend, a greater portion of the funds it	63497
provides;	63498

~~(2) For a school district undertaking a project under section~~	63499
~~3318.38 of the Revised Code or a joint vocational school district~~	63500
~~undertaking a project under sections 3318.40 to 3318.45 of the~~	63501
~~Revised Code, provision that the state funds reserved and~~	63502
~~encumbered and the funds provided by the school district to pay~~	63503
~~the basic project cost of any segment of the project, or of the~~	63504
~~entire project if it is not divided into segments, be spent on the~~	63505
~~construction and acquisition of the project simultaneously in~~	63506
~~proportion to the state's and the school district's respective~~	63507
~~shares of that basic project cost as determined under section~~	63508
~~3318.032 of the Revised Code or, if the district is a joint~~	63509
~~vocational school district, under section 3318.42 of the Revised~~	63510
~~Code~~during any specific period than would otherwise be required	63511
under this division.	63512

(S) A provision stipulating that the commission may prohibit	63513
the district from proceeding with any project if the commission	63514
determines that the site is not suitable for construction	63515
purposes. The commission may perform soil tests in its	63516
determination of whether a site is appropriate for construction	63517
purposes.	63518

(T) A provision stipulating that, unless otherwise authorized	63519
by the commission, any contingency reserve portion of the	63520
construction budget prescribed by the commission shall be used	63521
only to pay costs resulting from unforeseen job conditions, to	63522
comply with rulings regarding building and other codes, to pay	63523
costs related to design clarifications or corrections to contract	63524
documents, and to pay the costs of settlements or judgments	63525
related to the project as provided under section 3318.086 of the	63526
Revised Code;	63527

(U) Provision stipulating that for continued release of	63528
project funds the school district board shall comply with section	63529
3313.41 of the Revised Code throughout the project and shall	63530
notify the department of education and the Ohio community school	63531
association when the board plans to dispose of facilities by sale	63532
under that section;	63533

(V) Provision that the commission shall not approve a	63534
contract for demolition of a facility until the school district	63535
board has complied with section 3313.41 of the Revised Code	63536
relative to that facility, unless demolition of that facility is	63537
to clear a site for construction of a replacement facility	63538
included in the district's project.	63539

Sec. 3318.12. (A) The Ohio school facilities commission shall	63540
cause to be transferred to the school district's project	63541
construction fund the necessary amounts from amounts appropriated	63542
by the general assembly and set aside for such purpose, from time	63543
to time as may be necessary to pay obligations chargeable to such	63544
fund when due. All investment earnings of a school district's	63545
project construction fund shall be credited to the fund.	63546

(B)(1) The treasurer of the school district board shall	63547
disburse funds from the school district's project construction	63548
fund, including investment earnings credited to the fund, only	63549
upon the approval of the commission or the commission's designated	63550
representative. The commission or the commission's designated	63551
representative shall issue vouchers against such fund, in such	63552
amounts, and at such times as required by the contracts for	63553
construction of the project.	63554

(2) Notwithstanding anything to the contrary in division	63555
(B)(1) of this section, the school district board may, by a duly	63556
adopted resolution, choose to use all or part of the investment	63557
earnings of the district's project construction fund that are	63558
attributable to the district's contribution to the fund to pay the	63559
cost of classroom facilities or portions or components of	63560
classroom facilities that are not included in the district's basic	63561
project cost but that are related to the district's project. If	63562
the district board adopts a resolution in favor of using those	63563
investment earnings as authorized under division (B)(2) of this	63564
section, the treasurer shall disburse the amount as designated and	63565
directed by the board. However, if the district board chooses to	63566
use any part of the investment earnings for classroom facilities	63567
or portions or components of classroom facilities that are not	63568
included in the basic project cost, as authorized under division	63569
(B)(2) of this section, and, subsequently, the cost of the project	63570
exceeds the amount in the project construction fund, the district	63571
board shall restore to the project construction fund the full	63572
amount of the investment earnings used under division (B)(2) of	63573
this section before any additional state moneys shall be released	63574
for the project.	63575

(C) After ~~the~~a certificate of completion has been issued for	63576
a project ~~has been completed~~under section 3318.48 of the Revised	63577
Code:	63578

(1) At the discretion of the school district board, any	63579
investment earnings remaining in the project construction fund	63580
that are attributable to the school district's contribution to the	63581
fund shall be:	63582

(a) Retained in the project construction fund for future	63583
projects;	63584

(b) Transferred to the district's maintenance fund required	63585
by division (B) of section 3318.05 or section 3318.43 of the	63586
Revised Code, and the money so transferred shall be used solely	63587
for maintaining the classroom facilities included in the project;	63588

63589

(2) Any investment earnings remaining in the project	63590
construction fund that are attributable to the state's	63591
contribution to the fund shall be transferred to the commission	63592
for expenditure pursuant to sections 3318.01 to 3318.20 or	63593
sections 3318.40 to 3318.45 of the Revised Code.	63594

(3) Any other surplus remaining in the school district's	63595
project construction fund ~~after the project has been completed~~	63596
shall be transferred to the commission and the school district	63597
board in proportion to their respective contributions to the fund.	63598
The commission shall use the money transferred to it under this	63599
division for expenditure pursuant to sections 3318.01 to 3318.20	63600
or sections 3318.40 to 3318.45 of the Revised Code.	63601

(D) Pursuant to appropriations of the general assembly, any	63602
moneys transferred to the commission under division (C)(2) or (3)	63603
of this section from a project construction fund for a project	63604
under sections 3318.40 to 3318.45 of the Revised Code may be used	63605
for future expenditures for projects under sections 3318.40 to	63606
3318.45 of the Revised Code, notwithstanding the two per cent	63607
annual limit specified in division (B) of section 3318.40 of the	63608
Revised Code.	63609

Sec. 3318.31. (A) The Ohio school facilities commission may	63610
perform any act and ensure the performance of any function	63611
necessary or appropriate to carry out the purposes of, and	63612
exercise the powers granted under, Chapter 3318. of the Revised	63613
Code, including any of the following:	63614

(1) Adopt, amend, and rescind, pursuant to section 111.15 of	63615
the Revised Code, rules for the administration of programs	63616
authorized under Chapter 3318. of the Revised Code.	63617

(2) Contract with, retain the services of, or designate, and	63618
fix the compensation of, such agents, accountants, consultants,	63619
advisers, and other independent contractors as may be necessary or	63620
desirable to carry out the programs authorized under Chapter 3318.	63621
of the Revised Code, or authorize the executive director to	63622
perform such powers and duties.	63623

(3) Receive and accept any gifts, grants, donations, and	63624
pledges, and receipts therefrom, to be used for the programs	63625
authorized under Chapter 3318. of the Revised Code.	63626

(4) Make and enter into all contracts, commitments, and	63627
agreements, and execute all instruments, necessary or incidental	63628
to the performance of its duties and the execution of its rights	63629
and powers under Chapter 3318. of the Revised Code, or authorize	63630
the executive director to perform such powers and duties.	63631

(5) Request the director of administrative services to debar	63632
a contractor as provided in section 153.02 of the Revised Code.	63633

(B) The commission shall appoint and fix the compensation of	63634
an executive director who shall serve at the pleasure of the	63635
commission. The executive director shall supervise the operations	63636
of the commission and perform such other duties as delegated by	63637
the commission. The executive director also shall employ and fix	63638
the compensation of such employees as will facilitate the	63639
activities and purposes of the commission, who shall serve at the	63640
pleasure of the executive director. The employees of the	63641
commission shall be exempt from Chapter 4117. of the Revised Code	63642
and shall not be public employees as defined in section 4117.01 of	63643
the Revised Code.	63644

(C) The attorney general shall serve as the legal	63645
representative for the commission and may appoint other counsel as	63646
necessary for that purpose in accordance with section 109.07 of	63647
the Revised Code.	63648

Sec. 3318.36. (A)(1) As used in this section:

63649

(a) "Ohio school facilities commission," "classroom	63650
facilities," "school district," "school district board," "net	63651
bonded indebtedness," "required percentage of the basic project	63652
costs," "basic project cost," "valuation," and "percentile" have	63653
the same meanings as in section 3318.01 of the Revised Code.	63654

(b) "Required level of indebtedness" means five per cent of	63655
the school district's valuation for the year preceding the year in	63656
which the commission and school district enter into an agreement	63657
under division (B) of this section, plus [two one-hundredths of	63658
one per cent multiplied by (the percentile in which the district	63659
ranks minus one)].	63660

(c) "Local resources" means any moneys generated in any	63661
manner permitted for a school district board to raise the school	63662
district portion of a project undertaken with assistance under	63663
sections 3318.01 to 3318.20 of the Revised Code.	63664

(d) "Tangible personal property phase-out impacted district"	63665
has the same meaning as in section 3318.11 of the Revised Code.	63666

(2) For purposes of determining the required level of	63667
indebtedness, the required percentage of the basic project costs	63668
under division (C)(1) of this section, and priority for assistance	63669
under sections 3318.01 to 3318.20 of the Revised Code, the	63670
percentile ranking of a school district with which the commission	63671
has entered into an agreement under this section between the first	63672
day of July and the thirty-first day of August in each fiscal year	63673
is the percentile ranking calculated for that district for the	63674
immediately preceding fiscal year, and the percentile ranking of a	63675
school district with which the commission has entered into such	63676
agreement between the first day of September and the thirtieth day	63677
of June in each fiscal year is the percentile ranking calculated	63678
for that district for the current fiscal year. However, in the	63679
case of a tangible personal property phase-out impacted district,	63680
the district's priority for assistance under sections 3318.01 to	63681
3318.20 of the Revised Code and its portion of the basic project	63682
cost under those sections shall be determined in the manner	63683
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	63684
this section.	63685

(B)(1) There is hereby established the school building	63686
assistance expedited local partnership program. Under the program,	63687
the Ohio school facilities commission may enter into an agreement	63688
with the school district board of any school district under which	63689
the school district board may proceed with the new construction or	63690
major repairs of a part of the school district's classroom	63691
facilities needs, as determined under sections 3318.01 to 3318.20	63692
of the Revised Code, through the expenditure of local resources	63693
prior to the school district's eligibility for state assistance	63694
under those sections and may apply that expenditure toward meeting	63695
the school district's portion of the basic project cost of the	63696
total of the school district's classroom facilities needs, as	63697
determined under sections 3318.01 to 3318.20 of the Revised Code	63698
and as recalculated under division (E) of this section, that are	63699
eligible for state assistance under sections 3318.01 to 3318.20 of	63700
the Revised Code when the school district becomes eligible for	63701
that assistance. Any school district that is reasonably expected	63702
to receive assistance under sections 3318.01 to 3318.20 of the	63703
Revised Code within two fiscal years from the date the school	63704
district adopts its resolution under division (B) of this section	63705
shall not be eligible to participate in the program established	63706
under this section.	63707

(2) To participate in the program, a school district board	63708
shall first adopt a resolution certifying to the commission the	63709
board's intent to participate in the program.	63710

The resolution shall specify the approximate date that the	63711
board intends to seek elector approval of any bond or tax measures	63712
or to apply other local resources to use to pay the cost of	63713
classroom facilities to be constructed under this section. The	63714
resolution may specify the application of local resources or	63715
elector-approved bond or tax measures after the resolution is	63716
adopted by the board, and in such case the board may proceed with	63717
a discrete portion of its project under this section as soon as	63718
the commission and the controlling board have approved the basic	63719
project cost of the district's classroom facilities needs as	63720
specified in division (D) of this section. The board shall submit	63721
its resolution to the commission not later than ten days after the	63722
date the resolution is adopted by the board.	63723

The commission shall not consider any resolution that is	63724
submitted pursuant to division (B)(2) of this section, as amended	63725
by this amendment, sooner than September 14, 2000.	63726

(3) For purposes of determining when a district that enters	63727
into an agreement under this section becomes eligible for	63728
assistance under sections 3318.01 to 3318.20 of the Revised Code,	63729
the commission shall use one of the following as applicable:	63730

(a) Except for a tangible personal property phase-out	63731
impacted district, the district's percentile ranking determined at	63732
the time the district entered into the agreement under this	63733
section, as prescribed by division (A)(2) of this section;	63734

(b) For a tangible personal property phase-out impacted	63735
district, the least of (i) the district's percentile ranking	63736
determined at the time the district entered into the agreement	63737
under this section, as prescribed by division (A)(2) of this	63738
section, (ii) the district's current percentile ranking under	63739
section 3318.011 of the Revised Code, or (iii) for a project	63740
approved for fiscal year 2012, the district's percentile ranking	63741
under the alternate equity list prescribed by Section ....... of	63742
H.B. 153 of the 129th general assembly.	63743

(4) Any project under this section shall comply with section	63744
3318.03 of the Revised Code and with any specifications for plans	63745
and materials for classroom facilities adopted by the commission	63746
under section 3318.04 of the Revised Code.	63747

(5) If a school district that enters into an agreement under	63748
this section has not begun a project applying local resources as	63749
provided for under that agreement at the time the district is	63750
notified by the commission that it is eligible to receive state	63751
assistance under sections 3318.01 to 3318.20 of the Revised Code,	63752
all assessment and agreement documents entered into under this	63753
section are void.	63754

(6) Only construction of or repairs to classroom facilities	63755
that have been approved by the commission and have been therefore	63756
included as part of a district's basic project cost qualify for	63757
application of local resources under this section.	63758

(C) Based on the results of on-site visits and assessment,	63759
the commission shall determine the basic project cost of the	63760
school district's classroom facilities needs. The commission shall	63761
determine the school district's portion of such basic project	63762
cost, which shall be the greater of:	63763

(1) The required percentage of the basic project costs,	63764
determined based on the school district's percentile ranking;	63765

(2) An amount necessary to raise the school district's net	63766
bonded indebtedness, as of the fiscal year the commission and the	63767
school district enter into the agreement under division (B) of	63768
this section, to within five thousand dollars of the required	63769
level of indebtedness.	63770

(D)(1) When the commission determines the basic project cost	63771
of the classroom facilities needs of a school district and the	63772
school district's portion of that basic project cost under	63773
division (C) of this section, the project shall be conditionally	63774
approved. Such conditional approval shall be submitted to the	63775
controlling board for approval thereof. The controlling board	63776
shall forthwith approve or reject the commission's determination,	63777
conditional approval, and the amount of the state's portion of the	63778
basic project cost; however, no state funds shall be encumbered	63779
under this section. Upon approval by the controlling board, the	63780
school district board may identify a discrete part of its	63781
classroom facilities needs, which shall include only new	63782
construction of or additions or major repairs to a particular	63783
building, to address with local resources. Upon identifying a part	63784
of the school district's basic project cost to address with local	63785
resources, the school district board may allocate any available	63786
school district moneys to pay the cost of that identified part,	63787
including the proceeds of an issuance of bonds if approved by the	63788
electors of the school district.	63789

All local resources utilized under this division shall first	63790
be deposited in the project construction account required under	63791
section 3318.08 of the Revised Code.	63792

(2) Unless the school district board exercises its option	63793
under division (D)(3) of this section, for a school district to	63794
qualify for participation in the program authorized under this	63795
section, one of the following conditions shall be satisfied:	63796

(a) The electors of the school district by a majority vote	63797
shall approve the levy of taxes outside the ten-mill limitation	63798
for a period of twenty-three years at the rate of not less than	63799
one-half mill for each dollar of valuation to be used to pay the	63800
cost of maintaining the classroom facilities included in the basic	63801
project cost as determined by the commission. The form of the	63802
ballot to be used to submit the question whether to approve the	63803
tax required under this division to the electors of the school	63804
district shall be the form for an additional levy of taxes	63805
prescribed in section 3318.361 of the Revised Code, which may be	63806
combined in a single ballot question with the questions prescribed	63807
under section 5705.218 of the Revised Code.	63808

(b) As authorized under division (C) of section 3318.05 of	63809
the Revised Code, the school district board shall earmark from the	63810
proceeds of a permanent improvement tax levied under section	63811
5705.21 of the Revised Code, an amount equivalent to the	63812
additional tax otherwise required under division (D)(2)(a) of this	63813
section for the maintenance of the classroom facilities included	63814
in the basic project cost as determined by the commission.	63815

(c) As authorized under section 3318.051 of the Revised Code,	63816
the school district board shall, if approved by the commission,	63817
annually transfer into the maintenance fund required under section	63818
3318.05 of the Revised Code the amount prescribed in section	63819
3318.051 of the Revised Code in lieu of the tax otherwise required	63820
under division (D)(2)(a) of this section for the maintenance of	63821
the classroom facilities included in the basic project cost as	63822
determined by the commission.	63823

(d) If the school district board has rescinded the agreement	63824
to make transfers under section 3318.051 of the Revised Code, as	63825
provided under division (F) of that section, the electors of the	63826
school district, in accordance with section 3318.063 of the	63827
Revised Code, first shall approve the levy of taxes outside the	63828
ten-mill limitation for the period specified in that section at a	63829
rate of not less than one-half mill for each dollar of valuation.	63830

(e) The school district board shall apply the proceeds of a	63831
tax to leverage bonds as authorized under section 3318.052 of the	63832
Revised Code or dedicate a local donated contribution in the	63833
manner described in division (B) of section 3318.084 of the	63834
Revised Code in an amount equivalent to the additional tax	63835
otherwise required under division (D)(2)(a) of this section for	63836
the maintenance of the classroom facilities included in the basic	63837
project cost as determined by the commission.	63838

(3) A school district board may opt to delay taking any of	63839
the actions described in division (D)(2) of this section until the	63840
school district becomes eligible for state assistance under	63841
sections 3318.01 to 3318.20 of the Revised Code. In order to	63842
exercise this option, the board shall certify to the commission a	63843
resolution indicating the board's intent to do so prior to	63844
entering into an agreement under division (B) of this section.	63845

(4) If pursuant to division (D)(3) of this section a district	63846
board opts to delay levying an additional tax until the district	63847
becomes eligible for state assistance, it shall submit the	63848
question of levying that tax to the district electors as follows:	63849

(a) In accordance with section 3318.06 of the Revised Code if	63850
it will also be necessary pursuant to division (E) of this section	63851
to submit a proposal for approval of a bond issue;	63852

(b) In accordance with section 3318.361 of the Revised Code	63853
if it is not necessary to also submit a proposal for approval of a	63854
bond issue pursuant to division (E) of this section.	63855

(5) No state assistance under sections 3318.01 to 3318.20 of	63856
the Revised Code shall be released until a school district board	63857
that adopts and certifies a resolution under division (D) of this	63858
section also demonstrates to the satisfaction of the commission	63859
compliance with the provisions of division (D)(2) of this section.	63860

Any amount required for maintenance under division (D)(2) of	63861
this section shall be deposited into a separate fund as specified	63862
in division (B) of section 3318.05 of the Revised Code.	63863

(E)(1) If the school district becomes eligible for state	63864
assistance under sections 3318.01 to 3318.20 of the Revised Code	63865
based on its percentile ranking under division (B)(3) of this	63866
section, the commission shall conduct a new assessment of the	63867
school district's classroom facilities needs and shall recalculate	63868
the basic project cost based on this new assessment. The basic	63869
project cost recalculated under this division shall include the	63870
amount of expenditures made by the school district board under	63871
division (D)(1) of this section. The commission shall then	63872
recalculate the school district's portion of the new basic project	63873
cost, which shall be one of the following as applicable:	63874

(a) Except for a tangible personal property phase-out	63875
impacted district, the percentage of the original basic project	63876
cost assigned to the school district as its portion under division	63877
(C) of this section;	63878

(b) For a tangible personal property phase-out impacted	63879
district, the least of (i) the percentage of the original basic	63880
project cost assigned to the school district as its portion under	63881
division (C) of this section, (ii) the percentage of the new basic	63882
project cost determined under section 3318.032 of the Revised Code	63883
using the district's current percentile ranking under section	63884
3318.011 of the Revised Code, or (iii) for a project approved for	63885
fiscal year 2012, the percentage of the new basic project cost	63886
determined under section 3318.032 of the Revised Code using the	63887
district's percentile ranking under the alternate equity list	63888
prescribed by Section ..... of H.B. 153 of the 129th general	63889
assembly. ~~The~~	63890

The commission shall deduct the expenditure of school	63891
district moneys made under division (D)(1) of this section from	63892
the school district's portion of the basic project cost as	63893
recalculated under this division. If the amount of school district	63894
resources applied by the school district board to the school	63895
district's portion of the basic project cost under this section is	63896
less than the total amount of such portion as recalculated under	63897
this division, the school district board by a majority vote of all	63898
of its members shall, if it desires to seek state assistance under	63899
sections 3318.01 to 3318.20 of the Revised Code, adopt a	63900
resolution as specified in section 3318.06 of the Revised Code to	63901
submit to the electors of the school district the question of	63902
approval of a bond issue in order to pay any additional amount of	63903
school district portion required for state assistance. Any tax	63904
levy approved under division (D) of this section satisfies the	63905
requirements to levy the additional tax under section 3318.06 of	63906
the Revised Code.	63907

(2) If the amount of school district resources applied by the	63908
school district board to the school district's portion of the	63909
basic project cost under this section is more than the total	63910
amount of such portion as recalculated under ~~this~~ division (E)(1)	63911
of this section, within one year after the school district's	63912
portion is so recalculated ~~under division (E)(1) of this section~~	63913
the commission may grant to the school district the difference	63914
between the two calculated portions, but at no time shall the	63915
commission expend any state funds on a project in an amount	63916
greater than the state's portion of the basic project cost as	63917
recalculated under ~~this~~ division (E)(1) of this section.	63918

Any reimbursement under this division shall be only for local	63919
resources the school district has applied toward construction cost	63920
expenditures for the classroom facilities approved by the	63921
commission, which shall not include any financing costs associated	63922
with that construction.	63923

The school district board shall use any moneys reimbursed to	63924
the district under this division to pay off any debt service the	63925
district owes for classroom facilities constructed under its	63926
project under this section before such moneys are applied to any	63927
other purpose. However, the district board first may deposit	63928
moneys reimbursed under this division into the district's general	63929
fund or a permanent improvement fund to replace local resources	63930
the district withdrew from those funds, as long as, and to the	63931
extent that, those local resources were used by the district for	63932
constructing classroom facilities included in the district's basic	63933
project cost.	63934

(3) A tangible personal property phase-out impacted district	63935
shall receive credit under division (E) of this section for the	63936
expenditure of local resources pursuant to any prior agreement	63937
authorized by this section, notwithstanding any recalculation of	63938
its average taxable value.	63939

Sec. 3318.37. (A)(1) As used in this section:

63940

(a) "Large land area school district" means a school district	63941
with a territory of greater than three hundred square miles in any	63942
percentile as determined under section 3318.011 of the Revised	63943
Code.	63944

(b) "Low wealth school district" means a school district in	63945
the first through seventy-fifth percentiles as determined under	63946
section 3318.011 of the Revised Code.	63947

(c) A "school district with an exceptional need for immediate	63948
classroom facilities assistance" means a low wealth or large land	63949
area school district with an exceptional need for new facilities	63950
in order to protect the health and safety of all or a portion of	63951
its students.	63952

(2) ~~No school district reasonably expected to be eligible for~~	63953
~~state assistance under sections 3318.01 to 3318.20 of the Revised~~	63954
~~Code within three fiscal years after the year of the application~~	63955
~~for assistance under this section shall be eligible for assistance~~	63956
~~under this section, unless the district's entire classroom~~	63957
~~facilities plan consists of only a single building designed to~~	63958
~~house grades kindergarten through twelve and the district~~	63959
~~satisfies the conditions prescribed in divisions (A)(3)(a) and (b)~~	63960
~~of this section.~~	63961

~~(3)~~ No school district that participates in the school	63962
building assistance expedited local partnership program under	63963
section 3318.36 of the Revised Code shall receive assistance under	63964
the program established under this section unless the following	63965
conditions are satisfied:	63966

(a) The district board adopted a resolution certifying its	63967
intent to participate in the school building assistance expedited	63968
local partnership program under section 3318.36 of the Revised	63969
Code prior to September 14, 2000.	63970

(b) The district was selected by the Ohio school facilities	63971
commission for participation in the school building assistance	63972
expedited local partnership program under section 3318.36 of the	63973
Revised Code in the manner prescribed by the commission under that	63974
section as it existed prior to September 14, 2000.	63975

(B)(1) There is hereby established the exceptional needs	63976
school facilities assistance program. Under the program, the Ohio	63977
school facilities commission may set aside from the moneys	63978
annually appropriated to it for classroom facilities assistance	63979
projects up to twenty-five per cent for assistance to school	63980
districts with exceptional needs for immediate classroom	63981
facilities assistance.	63982

(2)(a) After consulting with education and construction	63983
experts, the commission shall adopt guidelines for identifying	63984
school districts with an exceptional need for immediate classroom	63985
facilities assistance.	63986

(b) The guidelines shall include application forms and	63987
instructions for school districts to use in applying for	63988
assistance under this section.	63989

(3) The commission shall evaluate the classroom facilities,	63990
and the need for replacement classroom facilities from the	63991
applications received under this section. The commission,	63992
utilizing the guidelines adopted under division (B)(2)(a) of this	63993
section, shall prioritize the school districts to be assessed.	63994

Notwithstanding section 3318.02 of the Revised Code, the	63995
commission may conduct on-site evaluation of the school districts	63996
prioritized under this section and approve and award funds until	63997
such time as all funds set aside under division (B)(1) of this	63998
section have been encumbered. However, the commission need not	63999
conduct the evaluation of facilities if the commission determines	64000
that a district's assessment conducted under section 3318.36 of	64001
the Revised Code is sufficient for purposes of this section.	64002

(4) Notwithstanding division (A) of section 3318.05 of the	64003
Revised Code, the school district's portion of the basic project	64004
cost under this section shall be the "required percentage of the	64005
basic project costs," as defined in division (K) of section	64006
3318.01 of the Revised Code.	64007

(5) Except as otherwise specified in this section, any	64008
project undertaken with assistance under this section shall comply	64009
with all provisions of sections 3318.01 to 3318.20 of the Revised	64010
Code. A school district may receive assistance under sections	64011
3318.01 to 3318.20 of the Revised Code for the remainder of the	64012
district's classroom facilities needs as assessed under this	64013
section when the district is eligible for such assistance pursuant	64014
to section 3318.02 of the Revised Code, but any classroom facility	64015
constructed with assistance under this section shall not be	64016
included in a district's project at that time unless the	64017
commission determines the district has experienced the increased	64018
enrollment specified in division (B)(1) of section 3318.04 of the	64019
Revised Code.	64020

(C) No school district shall receive assistance under this	64021
section for a classroom facility that has been included in the	64022
discrete part of the district's classroom facilities needs	64023
identified and addressed in the district's project pursuant to an	64024
agreement entered into under section 3318.36 of the Revised Code,	64025
unless the district's entire classroom facilities plan consists of	64026
only a single building designed to house grades kindergarten	64027
through twelve.	64028

Sec. 3318.371. The Ohio school facilities commission may	64029
provide assistance under the exceptional needs school facilities	64030
program established by section 3318.37 of the Revised Code to any	64031
school district for the purpose of the relocation or replacement	64032
of classroom facilities required as a result of any contamination	64033
of air, soil, or water that impacts the occupants of the facility.	64034
Assistance under this section is not limited to school districts	64035
in the first through seventy-fifth percentiles as determined under	64036
section 3318.011 of the Revised Code.	64037

The commission shall make a determination in accordance with	64038
guidelines adopted by the commission regarding eligibility and	64039
funding for projects under this section. The commission may	64040
contract with an independent environmental consultant to conduct a	64041
study to assist the commission in making the determination.	64042

If the federal government or other public or private entity	64043
provides funds for restitution of costs incurred by the state or	64044
school district in the relocation or replacement of the classroom	64045
facilities, the school district shall use such funds in excess of	64046
the school district's share to refund the state for the state's	64047
contribution to the environmental contamination portion of the	64048
project. The school district may apply an amount of such	64049
restitution funds up to an amount equal to the school district's	64050
portion of the project, as defined by the commission, toward	64051
paying its portion of that project to reduce the amount of bonds	64052
the school district otherwise must issue to receive state	64053
assistance under sections 3318.01 to 3318.20 of the Revised Code.	64054

Sec. 3318.38. (A) As used in this section, "big-eight school	64055
district" has the same meaning as in section 3314.02 of the	64056
Revised Code.	64057

(B) There is hereby established the accelerated urban school	64058
building assistance program. Under the program, notwithstanding	64059
section 3318.02 of the Revised Code, any big-eight school district	64060
that has not been approved to receive assistance under sections	64061
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	64062
beginning on that date apply for approval of and be approved for	64063
such assistance. Except as otherwise provided in this section, any	64064
project approved and undertaken pursuant to this section shall	64065
comply with all provisions of sections 3318.01 to 3318.20 of the	64066
Revised Code.	64067

The Ohio school facilities commission shall provide	64068
assistance to any big-eight school district eligible for	64069
assistance under this section in the following manner:	64070

(1) Notwithstanding section 3318.02 of the Revised Code:

64071

(a) Not later than June 30, 2002, the commission shall	64072
conduct an on-site visit and shall assess the classroom facilities	64073
needs of each big-eight school district eligible for assistance	64074
under this section;	64075

(b) Beginning July 1, 2002, any big-eight school district	64076
eligible for assistance under this section may apply to the	64077
commission for conditional approval of its project as determined	64078
by the assessment conducted under division (B)(1)(a) of this	64079
section. The commission may conditionally approve that project and	64080
submit it to the controlling board for approval pursuant to	64081
section 3318.04 of the Revised Code.	64082

(2) If the controlling board approves the project of a	64083
big-eight school district eligible for assistance under this	64084
section, the commission and the school district shall enter into	64085
an agreement as prescribed in section 3318.08 of the Revised Code.	64086
Any agreement executed pursuant to this division shall include any	64087
applicable segmentation provisions as approved by the commission	64088
under division (B)(3) of this section.	64089

(3) Notwithstanding any provision to the contrary in sections	64090
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight	64091
school district eligible for assistance under this section may	64092
with the approval of the commission opt to divide the project as	64093
approved under division (B)(1)(b) of this section into discrete	64094
segments to be completed sequentially. Any project divided into	64095
segments shall comply with all other provisions of sections	64096
3318.05, 3318.06, and 3318.08 of the Revised Code except as	64097
otherwise specified in this division.	64098

If a project is divided into segments under this division:

64099

(a) The school district need raise only the amount equal to	64100
its proportionate share, as determined under section 3318.032 of	64101
the Revised Code, of each segment at any one time and may seek	64102
voter approval of each segment separately;	64103

(b) The state's proportionate share, as determined under	64104
section 3318.032 of the Revised Code, of only the segment which	64105
has been approved by the school district electors or for which the	64106
district has applied a local donated contribution under section	64107
3318.084 of the Revised Code shall be encumbered in accordance	64108
with section 3318.11 of the Revised Code. Encumbrance of	64109
additional amounts to cover the state's proportionate share of	64110
later segments shall be approved separately as they are approved	64111
by the school district electors or as the district applies a local	64112
donated contribution to the segments under section 3318.084 of the	64113
Revised Code.	64114

(c) The school district's maintenance levy requirement, as	64115
defined in section 3318.18 of the Revised Code, shall run for	64116
twenty-three years from the date the first segment is undertaken.	64117

~~(4) For any project under this section~~(C) In accordance with	64118
division (R) of section 3318.08 of the Revised Code, the state	64119
funds reserved and encumbered and the funds provided by the school	64120
district to pay the basic project cost of any segment of the	64121
project under this section, or of the entire project if it is not	64122
divided into segments, shall be spent on the construction and	64123
acquisition of the project simultaneously in proportion to the	64124
state's and the school district's respective shares of that basic	64125
project cost as determined under section 3318.032 of the Revised	64126
Code.	64127

Sec. 3318.41. (A)(1) The Ohio school facilities commission	64128
annually shall assess the classroom facilities needs of the number	64129
of joint vocational school districts that the commission	64130
reasonably expects to be able to provide assistance to in a fiscal	64131
year, based on the amount set aside for that fiscal year under	64132
division (B) of section 3318.40 of the Revised Code and the order	64133
of priority prescribed in division (B) of section 3318.42 of the	64134
Revised Code, except that in fiscal year 2004 the commission shall	64135
conduct at least the five assessments prescribed in division (E)	64136
of section 3318.40 of the Revised Code.	64137

Upon conducting an assessment of the classroom facilities	64138
needs of a school district, the commission shall make a	64139
determination of all of the following:	64140

(a) The number of classroom facilities to be included in a	64141
project and the basic project cost of acquiring the classroom	64142
facilities included in the project. The number of facilities and	64143
basic project cost shall be determined in accordance with the	64144
specifications adopted under section 3318.311 of the Revised Code	64145
except to the extent that compliance with such specifications is	64146
waived by the commission pursuant to the rule of the commission	64147
adopted under division (F) of section 3318.40 of the Revised Code.	64148

(b) The school district's portion of the basic project cost	64149
as determined under division (C) of section 3318.42 of the Revised	64150
Code;	64151

(c) The remaining portion of the basic project cost that	64152
shall be supplied by the state;	64153

(d) The amount of the state's portion of the basic project	64154
cost to be encumbered in accordance with section 3318.11 of the	64155
Revised Code in the current and subsequent fiscal years from funds	64156
set aside under division (B) of section 3318.40 of the Revised	64157
Code.	64158

(2) Divisions (A), (C), and (D) of section 3318.03 of the	64159
Revised Code apply to any project under sections 3318.40 to	64160
3318.45 of the Revised Code.	64161

(B)(1) If the commission makes a determination under division	64162
(A) of this section in favor of the acquisition of classroom	64163
facilities for a project under sections 3318.40 to 3318.45 of the	64164
Revised Code, such project shall be conditionally approved. Such	64165
conditional approval shall be submitted to the controlling board	64166
for approval. The controlling board shall immediately approve or	64167
reject the commission's determination, conditional approval, the	64168
amount of the state's portion of the basic project cost, and the	64169
amount of the state's portion of the basic project cost to be	64170
encumbered in the current fiscal year. In the event of approval by	64171
the controlling board, the commission shall certify the	64172
conditional approval to the joint vocational school district board	64173
of education and shall encumber the approved funds for the current	64174
fiscal year.	64175

(2) No school district that receives assistance under	64176
sections 3318.40 to 3318.45 of the Revised Code shall have another	64177
such project conditionally approved until the expiration of twenty	64178
years after the school district's prior project was conditionally	64179
approved, unless the school district board demonstrates to the	64180
satisfaction of the commission that the school district has	64181
experienced since conditional approval of its prior project an	64182
exceptional increase in enrollment or program requirements	64183
significantly above the school district's design capacity under	64184
that prior project as determined by rule of the commission. Any	64185
rule adopted by the commission to implement this division shall be	64186
tailored to address the classroom facilities needs of joint	64187
vocational school districts.	64188

(C) In addition to generating the amount of the school	64189
district's portion of the basic project cost as determined under	64190
division (C) of section 3318.42 of the Revised Code, in order for	64191
a school district to receive assistance under sections 3318.40 to	64192
3318.45 of the Revised Code, the school district board shall set	64193
aside school district moneys for the maintenance of the classroom	64194
facilities included in the school district's project in the amount	64195
and manner prescribed in section 3318.43 of the Revised Code.	64196

(D)(1) The conditional approval for a project certified under	64197
division (B)(1) of this section shall lapse and the amount	64198
reserved and encumbered for such project shall be released unless	64199
both of the following conditions are satisfied:	64200

(a) Within one hundred twenty days following the date of	64201
certification of the conditional approval to the joint vocational	64202
school district board, the school district board accepts the	64203
conditional approval and certifies to the commission the school	64204
district board's plan to generate the school district's portion of	64205
the basic project cost, as determined under division (C) of	64206
section 3318.42 of the Revised Code, and to set aside moneys for	64207
maintenance of the classroom facilities acquired under the	64208
project, as prescribed in section 3318.43 of the Revised Code.	64209

(b) Within ~~one year~~thirteen months following the date of	64210
certification of the conditional approval to the school district	64211
board, the electors of the school district vote favorably on any	64212
ballot measures proposed by the school district board to generate	64213
the school district's portion of the basic project cost.	64214

(2) If the school district board or electors fail to satisfy	64215
the conditions prescribed in division (D)(1) of this section and	64216
the amount reserved and encumbered for the school district's	64217
project is released, the school district shall be given first	64218
priority over other joint vocational school districts for project	64219
funding under sections 3318.40 to 3318.45 of the Revised Code as	64220
such funds become available, subject to section 3318.054 of the	64221
Revised Code.	64222

(E) If the conditions prescribed in division (D)(1) of this	64223
section are satisfied, the commission and the school district	64224
board shall enter into an agreement as prescribed in section	64225
3318.08 of the Revised Code and shall proceed with the development	64226
of plans, cost estimates, designs, drawings, and specifications as	64227
prescribed in section 3318.091 of the Revised Code.	64228

(F) Costs in excess of those approved by the commission under	64229
section 3318.091 of the Revised Code shall be payable only as	64230
provided in sections 3318.042 and 3318.083 of the Revised Code.	64231

(G) Advertisement for bids and the award of contracts for	64232
construction of any project under sections 3318.40 to 3318.45 of	64233
the Revised Code shall be conducted in accordance with section	64234
3318.10 of the Revised Code.	64235

(H) ~~The~~In accordance with division (R) of section 3318.08 of	64236
the Revised Code, the state funds reserved and encumbered and the	64237
funds provided by the school district to pay the basic project	64238
cost of a project under sections 3318.40 to 3318.45 of the Revised	64239
Code shall be spent simultaneously in proportion to the state's	64240
and the school district's respective portions of that basic	64241
project cost.	64242

(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised	64243
Code apply to projects under sections 3318.40 to 3318.45 of the	64244
Revised Code.	64245

Sec. 3318.48. (A) When all of the following have occurred, a	64246
project undertaken by a school district pursuant to this chapter	64247
shall be considered complete and the Ohio school facilities	64248
commission shall issue a certificate of completion to the district	64249
board of education:	64250

(1) All facilities to be constructed under the project, as	64251
specified in the project agreement entered into under section	64252
3318.08 of the Revised Code, have been completed and the board has	64253
received a permanent certificate of occupancy for each of those	64254
facilities.	64255

(2) The commission has issued certificates of contract	64256
completion on all prime construction contracts entered into by the	64257
board under section 3318.10 of the Revised Code.	64258

(3) The commission has completed a final accounting of the	64259
district's project construction fund and has determined that all	64260
payments from the fund were made in compliance with all policies	64261
of the commission.	64262

(4) Any litigation concerning the project has been finally	64263
resolved with no chance of appeal.	64264

(5) All construction management services typically provided	64265
by the commission to school districts have been delivered and the	64266
commission has canceled any remaining encumbrance of funds for	64267
those services.	64268

(B) The commission may issue a certificate of completion to a	64269
district board prior to all of the conditions described in	64270
division (A) of this section being satisfied, if the commission	64271
determines that the circumstances preventing the conditions from	64272
being satisfied are so minor in nature that the project should be	64273
considered complete. When issuing a certificate of completion	64274
under this division, the commission may specify any of the	64275
following:	64276

(1) Any construction or work that has yet to be completed and	64277
the manner in which the board shall oversee its completion, which	64278
may include procedures for reporting progress to the commission	64279
and for accounting of expenditures;	64280

(2) Terms and conditions for the resolution of any pending	64281
litigation;	64282

(3) Any remaining responsibilities of the construction	64283
manager regarding the project.	64284

(C) The commission may issue a certificate of completion to a	64285
district board that does not voluntarily participate in the	64286
process of closing out the district's project, if the construction	64287
manager for the project verifies that all facilities to be	64288
constructed under the project, as specified in the project	64289
agreement entered into under section 3318.08 of the Revised Code,	64290
have been completed and the commission determines that those	64291
facilities have been occupied for at least one year. In that case,	64292
all funds due to the commission under division (C) of section	64293
3318.12 of the Revised Code shall be returned to the commission	64294
not later than thirty days after receipt of the certificate of	64295
completion. If the funds due to the commission have not been	64296
returned within sixty days after receipt of the certificate of	64297
completion, the auditor of state shall issue a finding for	64298
recovery against the school district and shall request legal	64299
action under section 117.42 of the Revised Code.	64300

(D) Upon issuance of a certificate of completion under this	64301
section, the commission's ownership of and interest in the	64302
project, as specified in division (F) of section 3318.08 of the	64303
Revised Code, shall cease. This cessation shall not alter or	64304
otherwise affect the state's or commission's interest in the	64305
project or any limitations on the use of the project as specified	64306
in the project agreement pursuant to divisions (G), (M), and (N)	64307
of that section or as specified in section 3318.16 of the Revised	64308
Code.	64309

Sec. 3318.49. (A) The corrective action program is hereby	64310
established to provide funding for the correction of work, in	64311
connection with a project funded under sections 3318.01 to 3318.20	64312
or sections 3318.40 to 3318.45 of the Revised Code, that is found	64313
after occupancy of the facility to be defective or to have been	64314
omitted.	64315

(B) The Ohio school facilities commission may provide funding	64316
under this section only if the school district notifies the	64317
executive director of the commission of the defective or omitted	64318
work within five years after occupancy of the facility for which	64319
the district seeks the funding.	64320

(C) The commission shall establish procedures and deadlines	64321
for school districts to follow in applying for assistance under	64322
this section. The procedures shall include definitions of	64323
"defective" and "omitted," and shall require that remediation	64324
efforts focus first on engaging the respective contractors that	64325
designed and constructed the areas that have design or	64326
construction-related issues. The commission shall consider	64327
applications on a case-by-case basis, taking into account the	64328
amount of money appropriated and available for purposes of this	64329
section.	64330

(D) The commission may provide funding assistance necessary	64331
to take corrective measures after evaluating the defective or	64332
omitted work.	64333

(1) If the work to be corrected or remediated is part of a	64334
project not yet completed, the commission may amend the project	64335
agreement to increase the project budget and use corrective action	64336
funding to provide the state portion of the amendment. If the work	64337
to be corrected or remediated is part of a completed project and	64338
funds were retained or transferred pursuant to division (C) of	64339
section 3318.12 of the Revised Code, the commission may enter into	64340
a new agreement to address the corrective action.	64341

(2) Whether or not the project is completed, the district	64342
shall contribute a portion of the cost of the corrective action,	64343
to be determined in accordance with section 3318.032 of the	64344
Revised Code or, if the district is a joint vocational school	64345
district, section 3318.42 of the Revised Code. A district that is	64346
unable to provide its portion so that remediation can proceed may	64347
apply to the commission for additional assistance under section	64348
3318.042 of the Revised Code.	64349

(E) The commission shall assess responsibility for the	64350
defective or omitted work and seek cost recovery from responsible	64351
parties, if applicable. Any recovery of the expense of remediation	64352
shall be applied first to the district portion of the cost of the	64353
corrective action. Any remaining funds shall be applied to the	64354
state portion and deposited into the school building program	64355
assistance fund established under section 3318.25 of the Revised	64356
Code.	64357

Sec. 3318.60. (A) As used in this section:

64358

(1) "Acquisition of classroom facilities" means constructing,	64359
reconstructing, repairing, or making additions to classroom	64360
facilities.	64361

(2) "Ohio school facilities commission" and "classroom	64362
facilities" have the same meanings as in section 3318.01 of the	64363
Revised Code.	64364

(B) There is hereby established the college-preparatory	64365
boarding school facilities program. Under the program, the Ohio	64366
school facilities commission shall provide assistance to the	64367
boards of trustees of college-preparatory boarding schools	64368
established under Chapter 3328. of the Revised Code for the	64369
acquisition of classroom facilities.	64370

(C) To be eligible for assistance under this program, a board	64371
of trustees shall secure at least twenty million dollars of	64372
private money to satisfy its share of facilities acquisition. A	64373
board of trustees that receives assistance under the program shall	64374
fund the acquisition of residential facilities and any other	64375
facilities other than classroom facilities through private means.	64376

(D) The lease payments made by the boards of trustees of	64377
college-preparatory boarding schools receiving assistance under	64378
the program shall be deposited into the state treasury and	64379
credited to the common schools capital facilities bond service	64380
fund created in section 151.03 of the Revised Code.	64381

(E) The acquisition of classroom facilities with assistance	64382
provided under the program shall not be subject to sections	64383
3318.01 to 3318.20 of the Revised Code.	64384

(F) Within the ninety-day period immediately following the	64385
effective date of this section, the commission shall adopt rules	64386
necessary for the implementation and administration of the	64387
program.	64388

Sec. 3319.081. Except as otherwise provided in division (G)	64389
of this section, in all school districts wherein the provisions of	64390
Chapter 124. of the Revised Code do not apply, the following	64391
employment contract system shall control for employees whose	64392
contracts of employment are not otherwise provided by law:	64393

(A) Newly hired regular nonteaching school employees,	64394
including regular hourly rate and per diem employees, shall enter	64395
into written contracts for their employment which shall be for a	64396
period of not more than one year. If such employees are rehired,	64397
their subsequent contract shall be for a period of two years.	64398

(B) After the termination of the two-year contract provided	64399
in division (A) of this section, if the contract of a nonteaching	64400
employee is renewed, the employee shall be continued in	64401
employment, and the salary provided in the contract may be	64402
increased but not reduced unless such reduction is a part of a	64403
uniform plan affecting the nonteaching employees of the entire	64404
district.	64405

(C) The contracts as provided for in this section may be	64406
terminated by a majority vote of the board of education. Except as	64407
provided in ~~section~~sections 3319.0810 and 3319.172 of the Revised	64408
Code, the contracts may be terminated only for violation of	64409
written rules and regulations as set forth by the board of	64410
education or for incompetency, inefficiency, dishonesty,	64411
drunkenness, immoral conduct, insubordination, discourteous	64412
treatment of the public, neglect of duty, or any other acts of	64413
misfeasance, malfeasance, or nonfeasance. In addition to the right	64414
of the board of education to terminate the contract of an	64415
employee, the board may suspend an employee for a definite period	64416
of time or demote the employee for the reasons set forth in this	64417
division. The action of the board of education terminating the	64418
contract of an employee or suspending or demoting the employee	64419
shall be served upon the employee by certified mail. Within ten	64420
days following the receipt of such notice by the employee, the	64421
employee may file an appeal, in writing, with the court of common	64422
pleas of the county in which such school board is situated. After	64423
hearing the appeal the common pleas court may affirm, disaffirm,	64424
or modify the action of the school board.	64425

A violation of division (A)(7) of section 2907.03 of the	64426
Revised Code is grounds for termination of employment of a	64427
nonteaching employee under this division.	64428

(D) All employees who have been employed by a school district	64429
where the provisions of Chapter 124. of the Revised Code do not	64430
apply, for a period of at least three years on November 24, 1967,	64431
shall hold continuing contracts of employment pursuant to this	64432
section.	64433

(E) Any nonteaching school employee may terminate the	64434
nonteaching school employee's contract of employment thirty days	64435
subsequent to the filing of a written notice of such termination	64436
with the treasurer of the board.	64437

(F) A person hired exclusively for the purpose of replacing a	64438
nonteaching school employee while such employee is on leave of	64439
absence granted under section 3319.13 of the Revised Code is not a	64440
regular nonteaching school employee under this section.	64441

(G) All nonteaching employees employed pursuant to this	64442
section and Chapter 124. of the Revised Code shall be paid for all	64443
time lost when the schools in which they are employed are closed	64444
owing to an epidemic or other public calamity. Nothing in this	64445
division shall be construed as requiring payment in excess of an	64446
employee's regular wage rate or salary for any time worked while	64447
the school in which the employee is employed is officially closed	64448
for the reasons set forth in this division.	64449

Sec. 3319.0810. (A) The board of education of any school	64450
district wherein the provisions of Chapter 124. of the Revised	64451
Code do not apply may terminate any of its transportation staff	64452
positions for reasons of economy and efficiency if the board	64453
instead of employing its own staff to transport some or all of the	64454
students enrolled in the district schools enters into a contract	64455
with an independent agent for the provision of transportation	64456
services for such students. Such a contract may be entered into	64457
only if all of the following conditions are satisfied:	64458

(1) Any collective bargaining agreement between the employee	64459
organization representing the employees whose positions are	64460
terminated under this section and the board has expired or will	64461
expire within sixty days and has not been renewed in conformance	64462
with provisions of that agreement and with Chapter 4117. of the	64463
Revised Code, or the agreement contains provisions permitting the	64464
termination of positions for reasons of economy and efficiency	64465
while the agreement is in force and the board is in conformance	64466
with those provisions.	64467

(2) The board permits any employee whose position is	64468
terminated under this section to fill any vacancy within the	64469
district's organization for which the employee is qualified. The	64470
board shall select from among similarly qualified employees to	64471
fill such vacancies pursuant to procedures established under any	64472
collective bargaining agreement between the employee organization	64473
representing the terminated employees and the board that is in	64474
force at the time of the termination, or in absence of such	64475
provisions on the basis of seniority of employment by the board	64476
with the employee with the greatest seniority having highest	64477
priority.	64478

(3) Unless a collective bargaining agreement between the	64479
employee organization representing the terminated employees and	64480
the board that is in force at the time of the termination provides	64481
otherwise, the board permits any employee whose position is	64482
terminated under this section to fill the employee's former	64483
position in the event that the board reinstates that position	64484
within one year after the date the position is terminated under	64485
this section.	64486

(4) The board permits any employee whose position is	64487
terminated under this section to appeal in accordance with section	64488
119.12 of the Revised Code the board's decision to terminate the	64489
employee's position, not to hire that employee for another	64490
position pursuant to division (A)(2) of this section, or not to	64491
rehire that employee for the position if it is reinstated within	64492
one year after the position is terminated pursuant to division	64493
(A)(3) of this section.	64494

(5) The contract entered into by the board and an independent	64495
agent for the provision of transportation services contains a	64496
stipulation requiring the agent to consider hiring any employees	64497
of the school district whose positions are terminated under this	64498
section for similar positions within the agent's organization.	64499

(6) The contract entered into by the board and an independent	64500
agent for the provision of transportation services contains a	64501
stipulation requiring the agent to recognize for purposes of	64502
employee representation in collective bargaining any employee	64503
organization that represented the employees whose positions are	64504
terminated under this section in collective bargaining with the	64505
board at the time of the termination provided:	64506

(a) A majority of all employees in the bargaining unit agree	64507
to such representation;	64508

(b) Such representation is not prohibited by federal law,	64509
including any ruling of the national labor relations board;	64510

(c) The employee organization is not prohibited from	64511
representing nonpublic employees by other provisions of law or its	64512
own governing instruments.	64513

However, any employee whose position is terminated under this	64514
section shall not be compelled to be included in such bargaining	64515
unit if there is another bargaining unit within the agent's	64516
organization that is applicable to the employee.	64517

(B) If after terminating any positions of employment under	64518
this section the board fails to comply with any condition	64519
prescribed in division (A) of this section or fails to enforce on	64520
the agent its contractual obligations prescribed in divisions	64521
(A)(5) and (6) of this section, the terminations shall be void and	64522
the board shall reinstate the positions and fill them with the	64523
employees who filled those positions just prior to the	64524
terminations. Such employees shall be compensated at a rate equal	64525
to their rate of compensation in those positions just prior to the	64526
terminations plus any increases paid since the terminations to	64527
other nonteaching employees. The employees shall also be entitled	64528
to back pay at such rate for the period from the date of the	64529
terminations to the date of the reinstatements minus any pay	64530
received by the employees during any time the board was in	64531
compliance with such conditions or during any time the board	64532
enforced those obligations.	64533

Any employee aggrieved by the failure of the board to comply	64534
with any condition prescribed in division (A) of this section or	64535
to enforce on the agent its contractual obligations prescribed in	64536
divisions (A)(5) and (6) of this section shall have the right to	64537
sue the board for reinstatement of the employee's former position	64538
as provided for in this division in the court of common pleas for	64539
the county in which the school district is located or, if the	64540
school district is located in more than one county, in the court	64541
of common pleas for the county in which the majority of the	64542
territory of the school district is located.	64543

Sec. 3319.17. (A) As used in this section, "interdistrict	64544
contract" means any contract or agreement entered into by an	64545
educational service center governing board and another board or	64546
other public entity pursuant to section 3313.17, 3313.841,	64547
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	64548
Revised Code, including any such contract or agreement for the	64549
provision of services funded under division ~~(I)~~(E) of section	64550
3317.024 of the Revised Code or provided in any unit approved	64551
under section 3317.05 of the Revised Code.	64552

(B) When, for any of the following reasons that apply to any	64553
city, exempted village, local, or joint vocational school district	64554
or any educational service center, the board decides that it will	64555
be necessary to reduce the number of teachers it employs, it may	64556
make a reasonable reduction:	64557

(1) In the case of any district or service center, return to	64558
duty of regular teachers after leaves of absence including ~~leaves~~	64559
~~provided pursuant to division (B) of section 3314.10 of the~~	64560
~~Revised Code,~~ suspension of schools, territorial changes affecting	64561
the district or center, or financial reasons;	64562

(2) In the case of any city, exempted village, local, or	64563
joint vocational school district, decreased enrollment of pupils	64564
in the district;	64565

(3) In the case of any governing board of a service center	64566
providing any particular service directly to pupils pursuant to	64567
one or more interdistrict contracts requiring such service,	64568
reduction in the total number of pupils the governing board is	64569
required to provide with the service under all interdistrict	64570
contracts as a result of the termination or nonrenewal of one or	64571
more of these interdistrict contracts;	64572

(4) In the case of any governing board providing any	64573
particular service that it does not provide directly to pupils	64574
pursuant to one or more interdistrict contracts requiring such	64575
service, reduction in the total level of the service the governing	64576
board is required to provide under all interdistrict contracts as	64577
a result of the termination or nonrenewal of one or more of these	64578
interdistrict contracts.	64579

(C) In making any such reduction, ~~any city, exempted village,~~	64580
~~local, or joint vocational school~~the district board or service	64581
center governing board shall proceed to suspend contracts in	64582
accordance with the recommendation of the superintendent of	64583
schools who shall, within each teaching field affected, give	64584
preference first to teachers on continuing contracts and then to	64585
teachers who have greater seniority. In making any such reduction,	64586
any governing board of a service center shall proceed to suspend	64587
contracts in accordance with the recommendation of the	64588
superintendent who shall, within each teaching field or service	64589
area affected, give preference first to teachers on continuing	64590
contracts and then to teachers who have greater seniority.	64591

On a case-by-case basis, in lieu of suspending a contract in	64592
whole, a board may suspend a contract in part, so that an	64593
individual is required to work a percentage of the time the	64594
employee otherwise is required to work under the contract and	64595
receives a commensurate percentage of the full compensation the	64596
employee otherwise would receive under the contract.	64597

The teachers whose continuing contracts are suspended by any	64598
board pursuant to this section shall have the right of restoration	64599
to continuing service status by that board in the order of	64600
seniority of service in the district or service center if and when	64601
teaching positions become vacant or are created for which any of	64602
such teachers are or become qualified. No teacher whose continuing	64603
contract has been suspended pursuant to this section shall lose	64604
that right of restoration to continuing service status by reason	64605
of having declined recall to a position that is less than	64606
full-time or, if the teacher was not employed full-time just prior	64607
to suspension of the teacher's continuing contract, to a position	64608
requiring a lesser percentage of full-time employment than the	64609
position the teacher last held while employed in the district or	64610
service center.	64611

(D) Notwithstanding any provision to the contrary in Chapter	64612
4117. of the Revised Code, the requirements of this section	64613
prevail over any conflicting provisions of agreements between	64614
employee organizations and public employers entered into after	64615
September 29, 2005.	64616

Sec. 3319.19. (A) Except as provided in division (D) of this	64617
section or division (A)(2) of section 3313.37 of the Revised Code,	64618
upon request, the board of county commissioners shall provide and	64619
equip offices in the county for the use of the superintendent of	64620
an educational service center, and shall provide heat, light,	64621
water, and janitorial services for such offices. Such offices	64622
shall be the permanent headquarters of the superintendent and	64623
shall be used by the governing board of the service center when it	64624
is in session. Except as provided in division (B) of this section,	64625
such offices shall be located in the county seat or, upon the	64626
approval of the governing board, may be located outside of the	64627
county seat.	64628

(B) In the case of a service center formed under section	64629
3311.053 ~~or 3311.059~~ of the Revised Code, the governing board	64630
shall designate the site of its offices. Except as provided in	64631
division (D) of this section or division (A)(2) of section 3313.37	64632
of the Revised Code, the board of county commissioners of the	64633
county in which the designated site is located shall provide and	64634
equip the offices as under division (A) of this section, but the	64635
costs of such offices and equipment shall be apportioned among the	64636
boards of county commissioners of all counties having any	64637
territory in the area under the control of the governing board,	64638
according to the proportion of local school district pupils under	64639
the supervision of such board residing in the respective counties.	64640
Where there is a dispute as to the amount any board of county	64641
commissioners is required to pay, the probate judge of the county	64642
in which the greatest number of pupils under the supervision of	64643
the governing board reside shall apportion such costs among the	64644
boards of county commissioners and notify each such board of its	64645
share of the costs.	64646

(C) As used in division (C) of this section, in the case of a	64647
building, facility, or office space that a board of county	64648
commissioners leases or rents, "actual cost per square foot" means	64649
all cost on a per square foot basis incurred by the board under	64650
the lease or rental agreement. In the case of a building,	64651
facility, or office space that the board owns in fee simple,	64652
"actual cost per square foot" means the fair rental value on a per	64653
square foot basis of the building, facility, or office space	64654
either as compared to a similarly situated building, facility, or	64655
office space in the general vicinity or as calculated under a	64656
formula that accounts for depreciation, amortization of	64657
improvements, and other reasonable factors, including, but not	64658
limited to, parking space and other amenities.	64659

Not later than the thirty-first day of March of 2002, 2003,	64660
2004, and 2005 a board of county commissioners required to provide	64661
or equip offices pursuant to division (A) or (B) of this section	64662
shall make a written estimate of the total cost it will incur for	64663
the ensuing fiscal year to provide and equip the offices and to	64664
provide heat, light, water, and janitorial services for such	64665
offices. The total estimate of cost shall include:	64666

(1) The total square feet of space to be utilized by the	64667
educational service center;	64668

(2) The total square feet of any common areas that should be	64669
reasonably allocated to the center and the methodology for making	64670
this allocation;	64671

(3) The actual cost per square foot for both the space	64672
utilized by and the common area allocated to the center;	64673

(4) An explanation of the methodology used to determine the	64674
actual cost per square foot;	64675

(5) The estimated cost of providing heat, light, and water,	64676
including an explanation of how these costs were determined;	64677

(6) The estimated cost of providing janitorial services	64678
including an explanation of the methodology used to determine this	64679
cost;	64680

(7) Any other estimated costs that the board anticipates it	64681
will ~~occur~~incur and a detailed explanation of the costs and the	64682
rationale used to determine such costs.	64683

A copy of the total estimate of costs under this division	64684
shall be sent to the superintendent of the educational service	64685
center not later than the fifth day of April. The superintendent	64686
shall review the total estimate and shall notify the board of	64687
county commissioners not later than twenty days after receipt of	64688
the estimate of either agreement with the estimate or any specific	64689
objections to the estimates and the reasons for the objections. If	64690
the superintendent agrees with the estimate, it shall become the	64691
final total estimate of cost. Failure of the superintendent to	64692
make objections to the estimate by the twentieth day after receipt	64693
of it shall be deemed to mean that the superintendent is in	64694
agreement with the estimate.	64695

If the superintendent provides specific objections to the	64696
board of county commissioners, the board shall review the	64697
objections and may modify the original estimate and shall send a	64698
revised total estimate to the superintendent within ten days after	64699
the receipt of the superintendent's objections. The superintendent	64700
shall respond to the revised estimate within ten days after its	64701
receipt. If the superintendent agrees with it, it shall become the	64702
final total estimated cost. If the superintendent fails to respond	64703
within the required time, the superintendent shall be deemed to	64704
have agreed with the revised estimate. If the superintendent	64705
disagrees with the revised estimate, the superintendent shall send	64706
specific objections to the county commissioners.	64707

If a superintendent has sent specific objections to the	64708
revised estimate within the required time, the probate judge of	64709
the county which has the greatest number of resident local school	64710
district pupils under the supervision of the educational service	64711
center shall determine the final estimated cost and certify this	64712
amount to the superintendent and the board of county commissioners	64713
prior to the first day of July.	64714

(D)(1) A board of county commissioners shall be responsible	64715
for the following percentages of the final total estimated cost	64716
established by division (C) of this section:	64717

(a) Eighty per cent for fiscal year 2003;

64718

(b) Sixty per cent for fiscal year 2004;

64719

64720

(d) Twenty per cent for fiscal year 2006.

64721

In fiscal years 2003, 2004, 2005, and 2006 the educational	64722
service center shall be responsible for the remainder of any costs	64723
in excess of the amounts specified in division (D)(1)(a),(b), (c),	64724
or (d) of this section, as applicable, associated with the	64725
provision and equipment of offices for the educational service	64726
center and for provision of heat, light, water, and janitorial	64727
services for such offices, including any unanticipated or	64728
unexpected increases in the costs beyond the final estimated cost	64729
amount.	64730

Beginning in fiscal year 2007, no board of county	64731
commissioners shall have any obligation to provide and equip	64732
offices for an educational service center or to provide heat,	64733
light, water, or janitorial services for such offices.	64734

(2) Nothing in this section shall prohibit the board of	64735
county commissioners and the governing board of an educational	64736
service center from entering into a contract for providing and	64737
equipping offices for the use of an educational service center and	64738
for providing heat, light, water, and janitorial services for such	64739
offices. The term of any such contract shall not exceed a period	64740
of four years and may be renewed for additional periods not to	64741
exceed four years. Any such contract shall supersede the	64742
provisions of division (D)(1) of this section and no educational	64743
service center may be charged, at any time, any additional amount	64744
for the county's provision of an office and equipment, heat,	64745
light, water, and janitorial services beyond the amount specified	64746
in such contract.	64747

(3) No contract entered into under division (D)(2) of this	64748
section in any year prior to fiscal year 2007 between an	64749
educational service center formed under section 3311.053 or	64750
~~3311.059~~ of the Revised Code and the board of county commissioners	64751
required to provide and equip its office pursuant to division (B)	64752
of this section shall take effect unless the boards of county	64753
commissioners of all other counties required to participate in the	64754
funding for such offices pursuant to division (B) of this section	64755
adopt resolutions approving the contract.	64756

Sec. 3319.227. (A) Notwithstanding any other provision of	64757
the Revised Code or any rule adopted by the state board of	64758
education to the contrary, the state board shall issue a resident	64759
educator license under section 3319.22 of the Revised Code to each	64760
person who is assigned to teach in this state as a participant in	64761
the teach for America program and who meets the following	64762
conditions:	64763

(1) Holds a bachelor's degree from an accredited institution	64764
of higher education;	64765

(2) Maintained a cumulative undergraduate grade point average	64766
of at least 2.5 out of 4.0, or its equivalent;	64767

(3) Has passed an examination prescribed by the state board	64768
in the subject area to be taught;	64769

(4) Has successfully completed the summer training institute	64770
operated by teach for America.	64771

(B) The state board shall issue a resident educator license	64772
under this section for teaching in any grade level or subject area	64773
for which a person may obtain a resident educator license under	64774
section 3319.22 of the Revised Code. The state board shall not	64775
adopt rules establishing any additional qualifications for the	64776
license beyond those specified in this section.	64777

(C) Notwithstanding any other provision of the Revised Code	64778
or any rule adopted by the state board to the contrary, the state	64779
board shall issue a resident educator license under section	64780
3319.22 of the Revised Code to any applicant who has completed at	64781
least two years of teaching in another state as a participant in	64782
the teach for America program and meets all of the conditions of	64783
divisions (A)(1) to (4) of this section. The state board shall	64784
credit an applicant under this division as having completed two	64785
years of the teacher residency program under section 3319.223 of	64786
the Revised Code.	64787

(D) In order to place teachers in this state, the ~~Teach~~teach	64788
for America program shall enter into an agreement with one or more	64789
accredited four-year public or private institutions of higher	64790
education in the state to provide optional training of ~~Teach~~teach	64791
for America participants for the purpose of enabling those	64792
participants to complete an optional master's degree or an	64793
equivalent amount of coursework. Nothing in this division shall	64794
require any ~~Teach~~teach for America participant to complete a	64795
master's degree as a condition of holding a license issued under	64796
this section.	64797

Sec. 3319.228. (A) This section applies only to a person who	64798
meets the following conditions:	64799

(1) Holds a minimum of a baccalaureate degree;

64800

(2) Has been licensed and employed as a teacher in another	64801
state for each of the preceding five years;	64802

(3) Was initially licensed as a teacher in any state within	64803
the preceding fifteen years;	64804

(4) Has not had a teacher's license suspended or revoked in	64805
any state.	64806

(B)(1) Not later than July 1, 2012, the superintendent of	64807
public instruction shall develop a list of states that the	64808
superintendent considers to have standards for teacher licensure	64809
that are inadequate to ensure that a person to whom this section	64810
applies and who was most recently licensed to teach in that state	64811
is qualified for a professional educator license issued under	64812
section 3319.22 of the Revised Code.	64813

(2) Following development of the list, the superintendent	64814
shall establish a panel of experts to evaluate the adequacy of the	64815
teacher licensure standards of each state on the list. Each person	64816
selected by the superintendent to be a member of the panel shall	64817
be approved by the state board of education. In evaluating the	64818
superintendent's list, the panel shall provide an opportunity for	64819
representatives of the department of education, or similar	64820
state-level agency, of each state on the list to provide evidence	64821
to refute the state's placement on the list.	64822

Not later than April 1, 2013, the panel shall recommend to	64823
the state board that the list be approved without changes or that	64824
specified states be removed from the list prior to approval. Not	64825
later than July 1, 2013, the state board shall approve a final	64826
list of states with standards for teacher licensure that are	64827
inadequate to ensure that a person to whom this section applies	64828
and who was most recently licensed to teach in that state is	64829
qualified for a professional educator license issued under section	64830
3319.22 of the Revised Code.	64831

(C) Except as otherwise provided in division (E)(1) of this	64832
section, until the date on which the state board approves a final	64833
list of states with inadequate teacher licensure standards under	64834
division (B)(2) of this section, the state board shall issue a	64835
one-year provisional educator license to any applicant to whom	64836
this section applies. On and after that date, neither the state	64837
board nor the department of education shall be party to any	64838
reciprocity agreement with a state on that list that requires the	64839
state board to issue a person to whom this section applies any	64840
type of professional educator license on the basis of the person's	64841
licensure and teaching experience in that state.	64842

(D) Upon the expiration of a provisional license issued to a	64843
person under division (C) of this section, the state board shall	64844
issue the person a professional educator license, if the person	64845
satisfies either of the following conditions:	64846

(1) The person was issued the provisional license prior to	64847
the development of the list by the state superintendent under	64848
division (B)(1) of this section and, prior to issuance of the	64849
provisional license, the person was most recently licensed to	64850
teach by a state not on the superintendent's list or, if the final	64851
list of states with inadequate teacher licensure standards has	64852
been approved by the state board under division (B)(2) of this	64853
section, by a state not on that list.	64854

(2) All of the following apply to the person:

64855

(a) Prior to obtaining the provisional license, the person	64856
was most recently licensed to teach by a state on the	64857
superintendent's list or, if the final list of states with	64858
inadequate teacher licensure standards has been approved by the	64859
state board under division (B)(2) of this section, by a state on	64860
that list.	64861

(b) The person was employed under the provisional license by	64862
a school district; community school established under Chapter	64863
3314. of the Revised Code; science, technology, engineering, and	64864
mathematics school established under Chapter 3326. of the Revised	64865
Code; or an entity contracted by such a district or school to	64866
provide internet- or computer-based instruction or distance	64867
learning programs to students.	64868

(c) The district or school certifies to the state board that	64869
the person's teaching was satisfactory while employed or	64870
contracted by the district or school.	64871

(E)(1) From July 1, 2012, until the date on which the state	64872
board approves a final list of states with inadequate teacher	64873
licensure standards under division (B)(2) of this section, the	64874
state board shall issue a professional educator license to any	64875
applicant to whom this section applies and who was most recently	64876
licensed to teach by a state that is not on the list developed by	64877
the state superintendent under division (B)(1) of this section.	64878

(2) Beginning on the date on which the state board approves a	64879
final list of states with inadequate teacher licensure standards	64880
under division (B)(2) of this section, the state board shall issue	64881
a professional educator license to any applicant to whom this	64882
section applies and who was most recently licensed to teach by a	64883
state that is not on that list.	64884

Sec. 3319.26. (A) The state board of education shall adopt	64885
rules establishing the standards and requirements for obtaining an	64886
alternative resident educator license for teaching in grades ~~four~~	64887
kindergarten to twelve, or the equivalent, in a designated subject	64888
area~~. However, an alternative resident educator license~~or in the	64889
area of intervention specialist, as defined by rule of the state	64890
board~~, shall be valid for teaching in grades kindergarten to~~	64891
~~twelve~~.	64892

(B) The superintendent of public instruction and the	64893
chancellor of the Ohio board of regents jointly shall develop an	64894
intensive pedagogical training institute to provide instruction in	64895
the principles and practices of teaching for individuals seeking	64896
an alternative resident educator license. The instruction shall	64897
cover such topics as student development and learning, pupil	64898
assessment procedures, curriculum development, classroom	64899
management, and teaching methodology.	64900

(C) The rules adopted under this section shall require	64901
applicants for the alternative resident educator license to	64902
satisfy the following conditions prior to issuance of the license,	64903
but they shall not require applicants to have completed a major in	64904
the subject area for which application is being made:	64905

(1) Hold a minimum of a baccalaureate degree;

64906

(2) Successfully complete the pedagogical training institute	64907
described in division (B) of this section;or a summer training	64908
institute provided to participants of a teacher preparation	64909
program that is operated by a nonprofit organization and has been	64910
approved by the chancellor. The chancellor shall approve any such	64911
program that requires participants to hold a bachelor's degree;	64912
have a cumulative undergraduate grade point average of at least	64913
2.5 out of 4.0, or its equivalent; and successfully complete the	64914
program's summer training institute.	64915

(3) Pass an examination in the subject area for which	64916
application is being made.	64917

(D) An alternative resident educator license shall be valid	64918
for four years, except that the state board, on a case-by-case	64919
basis, may extend the license's duration as necessary to enable	64920
the license holder to complete the Ohio teacher residency program	64921
established under section 3319.223 of the Revised Code.	64922

(E) The rules shall require the holder of an alternative	64923
resident educator license, as a condition of continuing to hold	64924
the license, to do all of the following:	64925

(1) Participate in the Ohio teacher residency program;

64926

(2) Show satisfactory progress in taking and successfully	64927
completing atone of the following:	64928

(a) At least twelve additional semester hours, or the	64929
equivalent, of college coursework in the principles and practices	64930
of teaching in such topics as student development and learning,	64931
pupil assessment procedures, curriculum development, classroom	64932
management, and teaching methodology;	64933

(b) Professional development provided by a teacher	64934
preparation program that has been approved by the chancellor under	64935
division (C)(2) of this section.	64936

(3) Take an assessment of professional knowledge in the	64937
second year of teaching under the license.	64938

(F) The rules shall provide for the granting of a	64939
professional educator license to a holder of an alternative	64940
resident educator license upon successfully completing all of the	64941
following:	64942

(1) Four years of teaching under the alternative license;

64943

(2) The ~~twelve semester hours, or the equivalent, of the~~	64944
additional college coursework or professional development	64945
described in division (E)(2) of this section;	64946

(3) The assessment of professional knowledge described in	64947
division (E)(3) of this section. The standards for successfully	64948
completing this assessment and the manner of conducting the	64949
assessment shall be the same as for any other individual who is	64950
required to take the assessment pursuant to rules adopted by the	64951
state board under section 3319.22 of the Revised Code.	64952

(4) The Ohio teacher residency program;

64953

(5) All other requirements for a professional educator	64954
license adopted by the state board under section 3319.22 of the	64955
Revised Code.	64956

(G) A person who is assigned to teach in this state as a	64957
participant in the teach for America program or who has completed	64958
two years of teaching in another state as a participant in that	64959
program shall be eligible for a license only under section	64960
3319.227 of the Revised Code and shall not be eligible for a	64961
license under this section.	64962

Sec. 3319.31. (A) As used in this section and sections	64963
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	64964
means a certificate, license, or permit described in this chapter	64965
or in division (B) of section 3301.071 or in section 3301.074 of	64966
the Revised Code.	64967

(B) For any of the following reasons, the state board of	64968
education, in accordance with Chapter 119. and section 3319.311 of	64969
the Revised Code, may refuse to issue a license to an applicant;	64970
may limit a license it issues to an applicant; may suspend,	64971
revoke, or limit a license that has been issued to any person; or	64972
may revoke a license that has been issued to any person and has	64973
expired:	64974

(1) Engaging in an immoral act, incompetence, negligence, or	64975
conduct that is unbecoming to the applicant's or person's	64976
position;	64977

(2) A plea of guilty to, a finding of guilt by a jury or	64978
court of, or a conviction of any of the following:	64979

(a) A felony other than a felony listed in division (C) of	64980
this section;	64981

(b) An offense of violence other than an offense of violence	64982
listed in division (C) of this section;	64983

(c) A theft offense, as defined in section 2913.01 of the	64984
Revised Code, other than a theft offense listed in division (C) of	64985
this section;	64986

(d) A drug abuse offense, as defined in section 2925.01 of	64987
the Revised Code, that is not a minor misdemeanor, other than a	64988
drug abuse offense listed in division (C) of this section;	64989

(e) A violation of an ordinance of a municipal corporation	64990
that is substantively comparable to an offense listed in divisions	64991
(B)(2)(a) to (d) of this section.	64992

(3) A judicial finding of eligibility for intervention in	64993
lieu of conviction under section 2951.041 of the Revised Code, or	64994
agreeing to participate in a pre-trial diversion program under	64995
section 2935.36 of the Revised Code, or a similar diversion	64996
program under rules of a court, for any offense listed in division	64997
(B)(2) or (C) of this section;	64998

(4) Failure to comply with section 3314.40, 3319.313,	64999
3326.24, 3328.19, or 5126.253 of the Revised Code.	65000

(C) Upon learning of a plea of guilty to, a finding of guilt	65001
by a jury or court of, or a conviction of any of the offenses	65002
listed in this division by a person who holds a current or expired	65003
license or is an applicant for a license or renewal of a license,	65004
the state board or the superintendent of public instruction, if	65005
the state board has delegated the duty pursuant to division (D) of	65006
this section, shall by a written order revoke the person's license	65007
or deny issuance or renewal of the license to the person. The	65008
state board or the superintendent shall revoke a license that has	65009
been issued to a person to whom this division applies and has	65010
expired in the same manner as a license that has not expired.	65011

Revocation of a license or denial of issuance or renewal of a	65012
license under this division is effective immediately at the time	65013
and date that the board or superintendent issues the written order	65014
and is not subject to appeal in accordance with Chapter 119. of	65015
the Revised Code. Revocation of a license or denial of issuance or	65016
renewal of license under this division remains in force during the	65017
pendency of an appeal by the person of the plea of guilty, finding	65018
of guilt, or conviction that is the basis of the action taken	65019
under this division.	65020

The state board or superintendent shall take the action	65021
required by this division for a violation of division (B)(1), (2),	65022
(3), or (4) of section 2919.22 of the Revised Code; a violation of	65023
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	65024
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	65025
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	65026
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	65027
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	65028
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	65029
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	65030
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	65031
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	65032
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	65033
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	65034
of the Revised Code; a violation of section 2905.04 of the Revised	65035
Code as it existed prior to July 1, 1996; a violation of section	65036
2919.23 of the Revised Code that would have been a violation of	65037
section 2905.04 of the Revised Code as it existed prior to July 1,	65038
1996, had the violation been committed prior to that date;	65039
felonious sexual penetration in violation of former section	65040
2907.12 of the Revised Code; or a violation of an ordinance of a	65041
municipal corporation that is substantively comparable to an	65042
offense listed in this paragraph.	65043

(D) The state board may delegate to the superintendent of	65044
public instruction the authority to revoke a person's license or	65045
to deny issuance or renewal of a license to a person under	65046
division (C) or (F) of this section.	65047

(E)(1) If the plea of guilty, finding of guilt, or conviction	65048
that is the basis of the action taken under division (B)(2) or (C)	65049
of this section, or under the version of division (F) of section	65050
3319.311 of the Revised Code in effect prior to ~~the effective date~~	65051
~~of this amendment~~September 12, 2008, is overturned on appeal,	65052
upon exhaustion of the criminal appeal, the clerk of the court	65053
that overturned the plea, finding, or conviction or, if	65054
applicable, the clerk of the court that accepted an appeal from	65055
the court that overturned the plea, finding, or conviction, shall	65056
notify the state board that the plea, finding, or conviction has	65057
been overturned. Within thirty days after receiving the	65058
notification, the state board shall initiate proceedings to	65059
reconsider the revocation or denial of the person's license in	65060
accordance with division (E)(2) of this section. In addition, the	65061
person whose license was revoked or denied may file with the state	65062
board a petition for reconsideration of the revocation or denial	65063
along with appropriate court documents.	65064

(2) Upon receipt of a court notification or a petition and	65065
supporting court documents under division (E)(1) of this section,	65066
the state board, after offering the person an opportunity for an	65067
adjudication hearing under Chapter 119. of the Revised Code, shall	65068
determine whether the person committed the act in question in the	65069
prior criminal action against the person that is the basis of the	65070
revocation or denial and may continue the revocation or denial,	65071
may reinstate the person's license, with or without limits, or may	65072
grant the person a new license, with or without limits. The	65073
decision of the board shall be based on grounds for revoking,	65074
denying, suspending, or limiting a license adopted by rule under	65075
division (G) of this section and in accordance with the	65076
evidentiary standards the board employs for all other licensure	65077
hearings. The decision of the board under this division is subject	65078
to appeal under Chapter 119. of the Revised Code.	65079

(3) A person whose license is revoked or denied under	65080
division (C) of this section shall not apply for any license if	65081
the plea of guilty, finding of guilt, or conviction that is the	65082
basis of the revocation or denial, upon completion of the criminal	65083
appeal, either is upheld or is overturned but the state board	65084
continues the revocation or denial under division (E)(2) of this	65085
section and that continuation is upheld on final appeal.	65086

(F) The state board may take action under division (B) of	65087
this section, and the state board or the superintendent shall take	65088
the action required under division (C) of this section, on the	65089
basis of substantially comparable conduct occurring in a	65090
jurisdiction outside this state or occurring before a person	65091
applies for or receives any license.	65092

(G) The state board may adopt rules in accordance with	65093
Chapter 119. of the Revised Code to carry out this section and	65094
section 3319.311 of the Revised Code.	65095

Sec. 3319.311. (A)(1) The state board of education, or the	65096
superintendent of public instruction on behalf of the board, may	65097
investigate any information received about a person that	65098
reasonably appears to be a basis for action under section 3319.31	65099
of the Revised Code, including information received pursuant to	65100
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253,	65101
or 5153.176 of the Revised Code. Except as provided in division	65102
(A)(2) of this section, the board shall contract with the office	65103
of the Ohio attorney general to conduct any investigation of that	65104
nature. The board shall pay for the costs of the contract only	65105
from moneys in the state board of education licensure fund	65106
established under section 3319.51 of the Revised Code. Except as	65107
provided in division (A)(2) of this section, all information	65108
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,	65109
3328.19, 5126.253, or 5153.176 of the Revised Code, and all	65110
information obtained during an investigation is confidential and	65111
is not a public record under section 149.43 of the Revised Code.	65112
If an investigation is conducted under this division regarding	65113
information received about a person and no action is taken against	65114
the person under this section or section 3319.31 of the Revised	65115
Code within two years of the completion of the investigation, all	65116
records of the investigation shall be expunged.	65117

(2) In the case of a person about whom the board has learned	65118
of a plea of guilty to, finding of guilt by a jury or court of, or	65119
a conviction of an offense listed in division (C) of section	65120
3319.31 of the Revised Code, or substantially comparable conduct	65121
occurring in a jurisdiction outside this state, the board or the	65122
superintendent of public instruction need not conduct any further	65123
investigation and shall take the action required by division (C)	65124
or (F) of that section. Except as provided in division (G) of this	65125
section, all information obtained by the board or the	65126
superintendent of public instruction pertaining to the action is a	65127
public record under section 149.43 of the Revised Code.	65128

(B) The superintendent of public instruction shall review the	65129
results of each investigation of a person conducted under division	65130
(A)(1) of this section and shall determine, on behalf of the state	65131
board, whether the results warrant initiating action under	65132
division (B) of section 3319.31 of the Revised Code. The	65133
superintendent shall advise the board of such determination at a	65134
meeting of the board. Within fourteen days of the next meeting of	65135
the board, any member of the board may ask that the question of	65136
initiating action under section 3319.31 of the Revised Code be	65137
placed on the board's agenda for that next meeting. Prior to	65138
initiating that action against any person, the person's name and	65139
any other personally identifiable information shall remain	65140
confidential.	65141

(C) The board shall take no action against a person under	65142
division (B) of section 3319.31 of the Revised Code without	65143
providing the person with written notice of the charges and with	65144
an opportunity for a hearing in accordance with Chapter 119. of	65145
the Revised Code.	65146

(D) For purposes of an investigation under division (A)(1) of	65147
this section or a hearing under division (C) of this section or	65148
under division (E)(2) of section 3319.31 of the Revised Code, the	65149
board, or the superintendent on behalf of the board, may	65150
administer oaths, order the taking of depositions, issue	65151
subpoenas, and compel the attendance of witnesses and the	65152
production of books, accounts, papers, records, documents, and	65153
testimony. The issuance of subpoenas under this division may be by	65154
certified mail or personal delivery to the person.	65155

(E) The superintendent, on behalf of the board, may enter	65156
into a consent agreement with a person against whom action is	65157
being taken under division (B) of section 3319.31 of the Revised	65158
Code. The board may adopt rules governing the superintendent's	65159
action under this division.	65160

(F) No surrender of a license shall be effective until the	65161
board takes action to accept the surrender unless the surrender is	65162
pursuant to a consent agreement entered into under division (E) of	65163
this section.	65164

(G) The name of any person who is not required to report	65165
information under section 3314.40, 3319.313, 3326.24, 3328.19,	65166
5126.253, or 5153.176 of the Revised Code, but who in good faith	65167
provides information to the state board or superintendent of	65168
public instruction about alleged misconduct committed by a person	65169
who holds a license or has applied for issuance or renewal of a	65170
license, shall be confidential and shall not be released. Any such	65171
person shall be immune from any civil liability that otherwise	65172
might be incurred or imposed for injury, death, or loss to person	65173
or property as a result of the provision of that information.	65174

(H)(1) No person shall knowingly make a false report to the	65175
superintendent of public instruction or the state board of	65176
education alleging misconduct by an employee of a public or	65177
chartered nonpublic school or an employee of the operator of a	65178
community school established under Chapter 3314. or a	65179
college-preparatory boarding school established under Chapter	65180
3328. of the Revised Code.	65181

(2)(a) In any civil action brought against a person in which	65182
it is alleged and proved that the person violated division (H)(1)	65183
of this section, the court shall award the prevailing party	65184
reasonable attorney's fees and costs that the prevailing party	65185
incurred in the civil action or as a result of the false report	65186
that was the basis of the violation.	65187

(b) If a person is convicted of or pleads guilty to a	65188
violation of division (H)(1) of this section, if the subject of	65189
the false report that was the basis of the violation was charged	65190
with any violation of a law or ordinance as a result of the false	65191
report, and if the subject of the false report is found not to be	65192
guilty of the charges brought against the subject as a result of	65193
the false report or those charges are dismissed, the court that	65194
sentences the person for the violation of division (H)(1) of this	65195
section, as part of the sentence, shall order the person to pay	65196
restitution to the subject of the false report, in an amount equal	65197
to reasonable attorney's fees and costs that the subject of the	65198
false report incurred as a result of or in relation to the	65199
charges.	65200

Sec. 3319.39. (A)(1) Except as provided in division	65201
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	65202
hiring officer of the board of education of a school district, the	65203
governing board of an educational service center, or of a	65204
chartered nonpublic school shall request the superintendent of the	65205
bureau of criminal identification and investigation to conduct a	65206
criminal records check with respect to any applicant who has	65207
applied to the school district, educational service center, or	65208
school for employment in any position. The appointing or hiring	65209
officer shall request that the superintendent include information	65210
from the federal bureau of investigation in the criminal records	65211
check, unless all of the following apply to the applicant:	65212

(a) The applicant is applying to be an instructor of adult	65213
education.	65214

(b) The duties of the position for which the applicant is	65215
applying do not involve routine interaction with a child or	65216
regular responsibility for the care, custody, or control of a	65217
child or, if the duties do involve such interaction or	65218
responsibility, during any period of time in which the applicant,	65219
if hired, has such interaction or responsibility, another employee	65220
of the school district, educational service center, or chartered	65221
nonpublic school will be present in the same room with the child	65222
or, if outdoors, will be within a thirty-yard radius of the child	65223
or have visual contact with the child.	65224

(c) The applicant presents proof that the applicant has been	65225
a resident of this state for the five-year period immediately	65226
prior to the date upon which the criminal records check is	65227
requested or provides evidence that within that five-year period	65228
the superintendent has requested information about the applicant	65229
from the federal bureau of investigation in a criminal records	65230
check.	65231

(2) A person required by division (A)(1) of this section to	65232
request a criminal records check shall provide to each applicant a	65233
copy of the form prescribed pursuant to division (C)(1) of section	65234
109.572 of the Revised Code, provide to each applicant a standard	65235
impression sheet to obtain fingerprint impressions prescribed	65236
pursuant to division (C)(2) of section 109.572 of the Revised	65237
Code, obtain the completed form and impression sheet from each	65238
applicant, and forward the completed form and impression sheet to	65239
the superintendent of the bureau of criminal identification and	65240
investigation at the time the person requests a criminal records	65241
check pursuant to division (A)(1) of this section.	65242

(3) An applicant who receives pursuant to division (A)(2) of	65243
this section a copy of the form prescribed pursuant to division	65244
(C)(1) of section 109.572 of the Revised Code and a copy of an	65245
impression sheet prescribed pursuant to division (C)(2) of that	65246
section and who is requested to complete the form and provide a	65247
set of fingerprint impressions shall complete the form or provide	65248
all the information necessary to complete the form and shall	65249
provide the impression sheet with the impressions of the	65250
applicant's fingerprints. If an applicant, upon request, fails to	65251
provide the information necessary to complete the form or fails to	65252
provide impressions of the applicant's fingerprints, the board of	65253
education of a school district, governing board of an educational	65254
service center, or governing authority of a chartered nonpublic	65255
school shall not employ that applicant for any position.	65256

(4) Notwithstanding any provision of this section to the	65257
contrary, an applicant who meets the conditions prescribed in	65258
divisions (A)(1)(a) and (b) of this section and who, within the	65259
two-year period prior to the date of application, was the subject	65260
of a criminal records check under this section prior to being	65261
hired for short-term employment with the school district,	65262
educational service center, or chartered nonpublic school to which	65263
application is being made shall not be required to undergo a	65264
criminal records check prior to the applicant's rehiring by that	65265
district, service center, or school.	65266

(B)(1) Except as provided in rules adopted by the department	65267
of education in accordance with division (E) of this section and	65268
as provided in division (B)(3) of this section, no board of	65269
education of a school district, no governing board of an	65270
educational service center, and no governing authority of a	65271
chartered nonpublic school shall employ a person if the person	65272
previously has been convicted of or pleaded guilty to any of the	65273
following:	65274

(a) A violation of section 2903.01, 2903.02, 2903.03,	65275
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	65276
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	65277
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	65278
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	65279
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	65280
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	65281
2925.06, or 3716.11 of the Revised Code, a violation of section	65282
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	65283
violation of section 2919.23 of the Revised Code that would have	65284
been a violation of section 2905.04 of the Revised Code as it	65285
existed prior to July 1, 1996, had the violation been committed	65286
prior to that date, a violation of section 2925.11 of the Revised	65287
Code that is not a minor drug possession offense, or felonious	65288
sexual penetration in violation of former section 2907.12 of the	65289
Revised Code;	65290

(b) A violation of an existing or former law of this state,	65291
another state, or the United States that is substantially	65292
equivalent to any of the offenses or violations described in	65293
division (B)(1)(a) of this section.	65294

(2) A board, governing board of an educational service	65295
center, or a governing authority of a chartered nonpublic school	65296
may employ an applicant conditionally until the criminal records	65297
check required by this section is completed and the board or	65298
governing authority receives the results of the criminal records	65299
check. If the results of the criminal records check indicate that,	65300
pursuant to division (B)(1) of this section, the applicant does	65301
not qualify for employment, the board or governing authority shall	65302
release the applicant from employment.	65303

(3) No board and no governing authority of a chartered	65304
nonpublic school shall employ a teacher who previously has been	65305
convicted of or pleaded guilty to any of the offenses listed in	65306
section 3319.31 of the Revised Code.	65307

(C)(1) Each board and each governing authority of a chartered	65308
nonpublic school shall pay to the bureau of criminal	65309
identification and investigation the fee prescribed pursuant to	65310
division (C)(3) of section 109.572 of the Revised Code for each	65311
criminal records check conducted in accordance with that section	65312
upon the request pursuant to division (A)(1) of this section of	65313
the appointing or hiring officer of the board or governing	65314
authority.	65315

(2) A board and the governing authority of a chartered	65316
nonpublic school may charge an applicant a fee for the costs it	65317
incurs in obtaining a criminal records check under this section. A	65318
fee charged under this division shall not exceed the amount of	65319
fees the board or governing authority pays under division (C)(1)	65320
of this section. If a fee is charged under this division, the	65321
board or governing authority shall notify the applicant at the	65322
time of the applicant's initial application for employment of the	65323
amount of the fee and that, unless the fee is paid, the board or	65324
governing authority will not consider the applicant for	65325
employment.	65326

(D) The report of any criminal records check conducted by the	65327
bureau of criminal identification and investigation in accordance	65328
with section 109.572 of the Revised Code and pursuant to a request	65329
under division (A)(1) of this section is not a public record for	65330
the purposes of section 149.43 of the Revised Code and shall not	65331
be made available to any person other than the applicant who is	65332
the subject of the criminal records check or the applicant's	65333
representative, the board or governing authority requesting the	65334
criminal records check or its representative, and any court,	65335
hearing officer, or other necessary individual involved in a case	65336
dealing with the denial of employment to the applicant.	65337

(E) The department of education shall adopt rules pursuant to	65338
Chapter 119. of the Revised Code to implement this section,	65339
including rules specifying circumstances under which the board or	65340
governing authority may hire a person who has been convicted of an	65341
offense listed in division (B)(1) or (3) of this section but who	65342
meets standards in regard to rehabilitation set by the department.	65343

The department shall amend rule 3301-83-23 of the Ohio	65344
Administrative Code that took effect August 27, 2009, and that	65345
specifies the offenses that disqualify a person for employment as	65346
a school bus or school van driver and establishes rehabilitation	65347
standards for school bus and school van drivers.	65348

(F) Any person required by division (A)(1) of this section to	65349
request a criminal records check shall inform each person, at the	65350
time of the person's initial application for employment, of the	65351
requirement to provide a set of fingerprint impressions and that a	65352
criminal records check is required to be conducted and	65353
satisfactorily completed in accordance with section 109.572 of the	65354
Revised Code if the person comes under final consideration for	65355
appointment or employment as a precondition to employment for the	65356
school district, educational service center, or school for that	65357
position.	65358

(G) As used in this section:

65359

(1) "Applicant" means a person who is under final	65360
consideration for appointment or employment in a position with a	65361
board of education, governing board of an educational service	65362
center, or a chartered nonpublic school, except that "applicant"	65363
does not include a person already employed by a board or chartered	65364
nonpublic school who is under consideration for a different	65365
position with such board or school.	65366

(2) "Teacher" means a person holding an educator license or	65367
permit issued under section 3319.22 or 3319.301 of the Revised	65368
Code and teachers in a chartered nonpublic school.	65369

(3) "Criminal records check" has the same meaning as in	65370
section 109.572 of the Revised Code.	65371

(4) "Minor drug possession offense" has the same meaning as	65372
in section 2925.01 of the Revised Code.	65373

(H) If the board of education of a local school district	65374
adopts a resolution requesting the assistance of the educational	65375
service center in which the local district has territory in	65376
conducting criminal records checks of substitute teachers and	65377
substitutes for other district employees under this section, the	65378
appointing or hiring officer of such educational service center	65379
shall serve for purposes of this section as the appointing or	65380
hiring officer of the local board in the case of hiring substitute	65381
teachers and other substitute employees for the local district.	65382

Sec. 3319.57. (A) A grant program is hereby established	65383
under which the department of education shall award grants to	65384
assist certain schools in a city, exempted village, local, or	65385
joint vocational school district in implementing one of the	65386
following innovations:	65387

(1) The use of instructional specialists to mentor and	65388
support classroom teachers;	65389

(2) The use of building managers to supervise the	65390
administrative functions of school operation so that a school	65391
principal can focus on supporting instruction, providing	65392
instructional leadership, and engaging teachers as part of the	65393
instructional leadership team;	65394

(3) The reconfiguration of school leadership structure in a	65395
manner that allows teachers to serve in leadership roles so that	65396
teachers may share the responsibility for making and implementing	65397
school decisions;	65398

(4) The adoption of new models for restructuring the school	65399
day or school year, such as including teacher planning and	65400
collaboration time as part of the school day;	65401

(5) The creation of smaller schools or smaller units within	65402
larger schools for the purpose of facilitating teacher	65403
collaboration to improve and advance the professional practice of	65404
teaching;	65405

(6) The implementation of "grow your own" recruitment	65406
strategies that are designed to assist individuals who show a	65407
commitment to education become licensed teachers, to assist	65408
experienced teachers obtain licensure in subject areas for which	65409
there is need, and to assist teachers in becoming principals;	65410

(7) The provision of better conditions for new teachers, such	65411
as reduced teaching load and reduced class size;	65412

(8) The provision of incentives to attract qualified	65413
mathematics, science, or special education teachers;	65414

(9) The development and implementation of a partnership with	65415
teacher preparation programs at colleges and universities to help	65416
attract teachers qualified to teach in shortage areas;	65417

(10) The implementation of a program to increase the cultural	65418
competency of both new and veteran teachers;	65419

(11) The implementation of a program to increase the subject	65420
matter competency of veteran teachers.	65421

(B) To qualify for a grant to implement one of the	65422
innovations described in division (A) of this section, a school	65423
must meet both of the following criteria:	65424

(1) Be hard to staff, as defined by the department.

65425

(2) Use existing school district funds for the implementation	65426
of the innovation in an amount equal to the grant amount	65427
multiplied by (1 - the district's state share percentage for the	65428
fiscal year in which the grant is awarded).	65429

For purposes of division (B)(2) of this section, "state share	65430
percentage" has the same meaning as in section ~~3306.02~~3317.02 of	65431
the Revised Code.	65432

(C) The amount and number of grants awarded under this	65433
section shall be determined by the department based on any	65434
appropriations made by the general assembly for grants under this	65435
section.	65436

(D) The state board of education shall adopt rules for the	65437
administration of this grant program.	65438

Sec. 3319.58. (A) As used in this section, "core subject	65439
area" has the same meaning as in section 3319.074 of the Revised	65440
Code.	65441

(B) Each year, the board of education of each city, exempted	65442
village, and local school district, governing authority of each	65443
community school established under Chapter 3314. of the Revised	65444
Code, and governing body of each STEM school established under	65445
Chapter 3326. of the Revised Code with a building in the lowest	65446
ten percentiles of performance index score, as ranked under	65447
section 3302.21 of the Revised Code, shall require each classroom	65448
teacher teaching in a core subject area in such a building to	65449
register for and take all written examinations prescribed by the	65450
state board of education for licensure to teach that core subject	65451
area and the grade level to which the teacher is assigned under	65452
section 3319.22 of the Revised Code.	65453

(C) Each district board of education, each community school	65454
governing authority, and each STEM school governing body may use	65455
the results of a teacher's examinations required under division	65456
(B) of this section in developing and revising professional	65457
development plans and in deciding whether or not to continue	65458
employing the teacher in accordance with the provisions of this	65459
chapter or Chapter 3314. or 3326. of the Revised Code. However, no	65460
decision to terminate or not to renew a teacher's employment	65461
contract shall be made solely on the basis of the results of a	65462
teacher's examination under this section until and unless the	65463
teacher has not attained a passing score on the same required	65464
examination for at least three consecutive administrations of that	65465
examination.	65466

Sec. 3319.71. (A) The school health services advisory council	65467
shall make recommendations on the following topics:	65468

(1) The content of the course of instruction required to	65469
obtain a school nurse license under section 3319.221 of the	65470
Revised Code;	65471

(2) The content of the course of instruction required to	65472
obtain a school nurse wellness coordinator license under section	65473
3319.221 of the Revised Code;	65474

(3) Best practices for the use of school nurses and school	65475
nurse wellness coordinators in providing health and wellness	65476
programs for students and employees of school districts, community	65477
schools established under Chapter 3314. of the Revised Code, and	65478
STEM schools established under Chapter 3326. of the Revised Code.	65479

(B) The council shall issue its initial recommendations not	65480
later than March 31, 2010, and may issue subsequent	65481
recommendations as it considers necessary. Copies of all	65482
recommendations shall be provided to the state board of education,	65483
the chancellor of the Ohio board of regents, and the board of	65484
nursing~~, and the health care coverage and quality council~~.	65485

Sec. 3323.052. Not later than sixty days after the effective	65486
date of this section, the department of education shall develop a	65487
document that compares a parent's and child's rights under this	65488
chapter and 20 U.S.C. 1400 et seq. with the parent's and child's	65489
rights under the special education scholarship program,	65490
established in sections 3310.51 to 3310.64 of the Revised Code,	65491
including the deadline for application for a scholarship or	65492
renewal of a scholarship and notice of that application to the	65493
child's school district, prescribed in division (C) of section	65494
3310.52 of the Revised Code, and the provisions of divisions (A)	65495
and (B) of section 3310.53 of the Revised Code. The department	65496
shall revise that document as necessary to reflect any pertinent	65497
changes in state or federal statutory law, rule, or regulation	65498
enacted or adopted after the initial document is developed. The	65499
department and each school district shall ensure that the document	65500
prescribed in this section is included in, appended to, or	65501
otherwise distributed in conjunction with the notice required	65502
under 20 U.S.C. 1415(d), and any provision of the Code of Federal	65503
Regulations implementing that requirement, in the manner and at	65504
all the times specified for such notice in federal law or	65505
regulation. As used in this section, a "child's school district"	65506
means the school district in which the child is entitled to attend	65507
school under section 3313.64 or 3313.65 of the Revised Code.	65508

Sec. 3323.09. (A) As used in this section:

65509

(1) "Home" has the meaning given in section 3313.64 of the	65510
Revised Code.	65511

(2) "Preschool child" means a child who is at least age three	65512
but under age six on the thirtieth day of September of an academic	65513
year.	65514

(B) Each county DD board shall establish special education	65515
programs for all children with disabilities who in accordance with	65516
section 3323.04 of the Revised Code have been placed in special	65517
education programs operated by the county board and for preschool	65518
children who are developmentally delayed or at risk of being	65519
developmentally delayed. The board annually shall submit to the	65520
department of education a plan for the provision of these programs	65521
and, if applicable, a request for approval of units under section	65522
3317.05 of the Revised Code. The superintendent of public	65523
instruction shall review the plan and approve or modify it in	65524
accordance with rules adopted by the state board of education	65525
under section 3301.07 of the Revised Code. The superintendent of	65526
public instruction shall compile the plans submitted by county	65527
boards and shall submit a comprehensive plan to the state board.	65528

A county DD board may combine transportation for children	65529
enrolled in classes funded under section 3317.20 or units approved	65530
under section 3317.05 with transportation for children and adults	65531
enrolled in programs and services offered by the board under	65532
~~section 5126.12~~Chapter 5126. of the Revised Code.	65533

(C) A county DD board that during the school year provided	65534
special education pursuant to this section for any child with	65535
mental disabilities under twenty-two years of age shall prepare	65536
and submit the following reports and statements:	65537

(1) The board shall prepare a statement for each child who at	65538
the time of receiving such special education was a resident of a	65539
home and was not in the legal or permanent custody of an Ohio	65540
resident or a government agency in this state, and whose natural	65541
or adoptive parents are not known to have been residents of this	65542
state subsequent to the child's birth. The statement shall contain	65543
the child's name, the name of the child's school district of	65544
residence, the name of the county board providing the special	65545
education, and the number of months, including any fraction of a	65546
month, it was provided. Not later than the thirtieth day of June,	65547
the board shall forward a certified copy of such statement to both	65548
the director of developmental disabilities and to the home.	65549

Within thirty days after its receipt of a statement, the home	65550
shall pay tuition to the county board computed in the manner	65551
prescribed by section 3323.141 of the Revised Code.	65552

(2) The board shall prepare a report for each school district	65553
that is the school district of residence of one or more of such	65554
children for whom statements are not required by division (C)(1)	65555
of this section. The report shall contain the name of the county	65556
board providing special education, the name of each child	65557
receiving special education, the number of months, including	65558
fractions of a month, that the child received it, and the name of	65559
the child's school district of residence. Not later than the	65560
thirtieth day of June, the board shall forward certified copies of	65561
each report to the school district named in the report, the	65562
superintendent of public instruction, and the director of	65563
developmental disabilities.	65564

Sec. 3323.091. (A) The department of mental health, the	65565
department of developmental disabilities, the department of youth	65566
services, and the department of rehabilitation and correction	65567
shall establish and maintain special education programs for	65568
children with disabilities in institutions under their	65569
jurisdiction according to standards adopted by the state board of	65570
education.	65571

(B) The superintendent of each state institution required to	65572
provide services under division (A) of this section, and each	65573
county DD board, providing special education for preschool	65574
children with disabilities under this chapter may apply to the	65575
state department of education for unit funding, which shall be	65576
paid in accordance with sections 3317.052 and 3317.053 of the	65577
Revised Code.	65578

The superintendent of each state institution required to	65579
provide services under division (A) of this section may apply to	65580
the department of education for special education and related	65581
services weighted funding for children with disabilities other	65582
than preschool children with disabilities, calculated in	65583
accordance with section 3317.201 of the Revised Code.	65584

Each county DD board providing special education for children	65585
with disabilities other than preschool children with disabilities	65586
may apply to the department of education for base cost and special	65587
education and related services weighted funding calculated in	65588
accordance with section 3317.20 of the Revised Code.	65589

(C) In addition to the authorization to apply for state	65590
funding described in division (B) of this section, each state	65591
institution required to provide services under division (A) of	65592
this section is entitled to tuition payments calculated in the	65593
manner described in division (C) of this section.	65594

On or before the thirtieth day of June of each year, the	65595
superintendent of each institution that during the school year	65596
provided special education pursuant to this section shall prepare	65597
a statement for each child with a disability under twenty-two	65598
years of age who has received special education. The statement	65599
shall contain the child's data verification code assigned pursuant	65600
to division (D)(2) of section 3301.0714 of the Revised Code and	65601
the name of the child's school district of residence. Within sixty	65602
days after receipt of such statement, the department of education	65603
shall perform one of the following:	65604

(1) For any child except a preschool child with a disability	65605
described in division (C)(2) of this section, pay to the	65606
institution submitting the statement an amount equal to the	65607
tuition calculated under division (A) of section 3317.08 of the	65608
Revised Code for the period covered by the statement, and deduct	65609
the same from the amount of state funds, if any, payable under	65610
~~sections 3306.13 and 3317.023~~Chapter 3317. of the Revised Code,	65611
to the child's school district of residence or, if the amount of	65612
such state funds is insufficient, require the child's school	65613
district of residence to pay the institution submitting the	65614
statement an amount equal to the amount determined under this	65615
division.	65616

(2) For any preschool child with a disability not included in	65617
a unit approved under division (B) of section 3317.05 of the	65618
Revised Code, perform the following:	65619

(a) Pay to the institution submitting the statement an amount	65620
equal to the tuition calculated under division (B) of section	65621
3317.08 of the Revised Code for the period covered by the	65622
statement, except that in calculating the tuition under that	65623
section the operating expenses of the institution submitting the	65624
statement under this section shall be used instead of the	65625
operating expenses of the school district of residence;	65626

(b) Deduct from the amount of state funds, if any, payable	65627
under ~~sections 3317.022 or 3306.13 and 3317.023~~Chapter 3317. of	65628
the Revised Code to the child's school district of residence an	65629
amount equal to the amount paid under division (C)(2)(a) of this	65630
section.	65631

Sec. 3323.14. This section does not apply to any preschool	65632
child with a disability except if included in a unit approved	65633
under division (B) of section 3317.05 of the Revised Code.	65634

(A) Where a child who is a school resident of one school	65635
district receives special education from another district and the	65636
per capita cost to the educating district for that child exceeds	65637
the sum of the amount received by the educating district for that	65638
child under division (A) of section 3317.08 of the Revised Code	65639
and the amount received by the district from the state board of	65640
education for that child, then the board of education of the	65641
district of residence shall pay to the board of the school	65642
district that is providing the special education such excess cost	65643
as is determined by using a formula approved by the department of	65644
education and agreed upon in contracts entered into by the boards	65645
of the districts concerned at the time the district providing such	65646
special education accepts the child for enrollment. The department	65647
shall certify the amount of the payments under ~~Chapters 3306. and~~	65648
Chapter 3317. of the Revised Code for such pupils with	65649
disabilities for each school year ending on the thirtieth day of	65650
July.	65651

(B) In the case of a child described in division (A) of this	65652
section who has been placed in a home, as defined in section	65653
3313.64 of the Revised Code, pursuant to the order of a court and	65654
who is not subject to section 3323.141 of the Revised Code, the	65655
district providing the child with special education and related	65656
services may charge to the child's district of residence the	65657
excess cost determined by formula approved by the department,	65658
regardless of whether the district of residence has entered into a	65659
contract with the district providing the services. If the district	65660
providing the services chooses to charge excess costs, the	65661
district may report the amount calculated under this division to	65662
the department.	65663

(C) If a district providing special education for a child	65664
reports an amount for the excess cost of those services, as	65665
authorized and calculated under division (A) or (B) of this	65666
section, the department shall pay that amount of excess cost to	65667
the district providing the services and shall deduct that amount	65668
from the child's district of residence in accordance with division	65669
~~(N)~~(K) of section 3317.023 of the Revised Code.	65670

Sec. 3323.142. This section does not apply to any preschool	65671
child with a disability except if included in a unit approved	65672
under division (B) of section 3317.05 of the Revised Code.	65673

As used in this section, "per pupil amount" for a preschool	65674
child with a disability included in such an approved unit means	65675
the amount determined by dividing the amount received for the	65676
classroom unit in which the child has been placed by the number of	65677
children in the unit. For any other child, "per pupil amount"	65678
means the amount paid for the child under section 3317.20 of the	65679
Revised Code.	65680

When a school district places or has placed a child with a	65681
county DD board for special education, but another district is	65682
responsible for tuition under section 3313.64 or 3313.65 of the	65683
Revised Code and the child is not a resident of the territory	65684
served by the county DD board, the board may charge the district	65685
responsible for tuition with the educational costs in excess of	65686
the per pupil amount received by the board under ~~Chapters 3306.~~	65687
~~and~~Chapter 3317. of the Revised Code. The amount of the excess	65688
cost shall be determined by the formula established by rule of the	65689
department of education under section 3323.14 of the Revised Code,	65690
and the payment for such excess cost shall be made by the school	65691
district directly to the county DD board.	65692

A school district board of education and the county DD board	65693
that serves the school district may negotiate and contract, at or	65694
after the time of placement, for payments by the board of	65695
education to the county DD board for additional services provided	65696
to a child placed with the county DD board and whose	65697
individualized education program established pursuant to section	65698
3323.08 of the Revised Code requires additional services that are	65699
not routinely provided children in the county DD board's program	65700
but are necessary to maintain the child's enrollment and	65701
participation in the program. Additional services may include, but	65702
are not limited to, specialized supplies and equipment for the	65703
benefit of the child and instruction, training, or assistance	65704
provided by staff members other than staff members for which	65705
funding is received under Chapter ~~3306. or~~ 3317. of the Revised	65706
Code.	65707

Sec. 3323.31. The Franklin county educational service center	65708
shall establish the Ohio ~~Center~~center for ~~Autism~~autism and ~~Low~~	65709
~~Incidence~~low incidence. The ~~Center~~center shall administer	65710
programs and coordinate services for infants, preschool and	65711
school-age children, and adults with autism and low incidence	65712
disabilities. The ~~Center's~~center's principal focus shall be	65713
programs and services for persons with autism. The ~~Center~~center	65714
shall be under the direction of an executive director, appointed	65715
by the superintendent of the service center in consultation with	65716
the advisory board established under section 3323.33 of the	65717
Revised Code.	65718

In addition to its other duties, the Ohio ~~Center~~center for	65719
~~Autism~~autism and ~~Low Incidence~~low incidence shall participate	65720
as a member of anthe interagency workgroup on autism, as it is	65721
established by the ~~department~~director of developmental	65722
disabilities ~~and~~under section 5123.0419 of the Revised Code. The	65723
center shall provide technical assistance and support to the	65724
department of developmental disabilities in the department's	65725
leadership role to develop and implement the ~~initiatives~~	65726
~~identified by~~projects and activities of the workgroup.	65727

Sec. 3324.05. (A) Each school district shall submit an	65728
annual report to the department of education specifying the number	65729
of students in each of grades kindergarten through ~~twelfth~~twelve	65730
screened, the number assessed, and the number identified as gifted	65731
in each category specified in section 3324.03 of the Revised Code.	65732

(B) The department of education shall audit each school	65733
district's identification numbers at least once every three years	65734
and may select any district at random or upon complaint or	65735
suspicion of noncompliance for a further audit to determine	65736
compliance with sections 3324.03 to 3324.06 of the Revised Code.	65737

(C) The department shall provide technical assistance to any	65738
district found in noncompliance under division (B) of this	65739
section. The department may reduce funds received by the district	65740
under ~~Chapters 3306. and~~Chapter 3317. of the Revised Code by any	65741
amount if the district continues to be noncompliant.	65742

Sec. 3325.08. (A) A diploma shall be granted by the	65743
superintendent of the state school for the blind and the	65744
superintendent of the state school for the deaf to any student	65745
enrolled in one of these state schools to whom all of the	65746
following apply:	65747

(1) The student has successfully completed the individualized	65748
education program developed for the student for the student's high	65749
school education pursuant to section 3323.08 of the Revised Code;	65750

(2) Subject to section 3313.614 of the Revised Code, the	65751
student has met the assessment requirements of division (A)(2)(a)	65752
or (b) of this section, as applicable.	65753

(a) If the student entered the ninth grade prior to the date	65754
prescribed by rule of the state board of education under division	65755
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	65756
either:	65757

(i) Has attained at least the applicable scores designated	65758
under division (B)(1) of section 3301.0710 of the Revised Code on	65759
all the assessments prescribed by that division unless division	65760
(L) of section 3313.61 of the Revised Code applies to the student;	65761

(ii) Has satisfied the alternative conditions prescribed in	65762
section 3313.615 of the Revised Code.	65763

(b) If the student entered the ninth grade on or after the	65764
date prescribed by rule of the state board under division	65765
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	65766
has ~~attained on~~met the requirements of the entire assessment	65767
system prescribed under division (B)(2) of section 3301.0710 of	65768
the Revised Code ~~at least the required passing composite score,~~	65769
~~designated under division (C)(1) of section 3301.0712 of the~~	65770
~~Revised Code~~, except to the extent that division (L) of section	65771
3313.61 of the Revised Code applies to the student.	65772

(3) The student is not eligible to receive an honors diploma	65773
granted pursuant to division (B) of this section.	65774

No diploma shall be granted under this division to anyone	65775
except as provided under this division.	65776

(B) In lieu of a diploma granted under division (A) of this	65777
section, the superintendent of the state school for the blind and	65778
the superintendent of the state school for the deaf shall grant an	65779
honors diploma, in the same manner that the boards of education of	65780
school districts grant such diplomas under division (B) of section	65781
3313.61 of the Revised Code, to any student enrolled in one of	65782
these state schools who accomplishes all of the following:	65783

(1) Successfully completes the individualized education	65784
program developed for the student for the student's high school	65785
education pursuant to section 3323.08 of the Revised Code;	65786

(2) Subject to section 3313.614 of the Revised Code, has met	65787
the assessment requirements of division (B)(2)(a) or (b) of this	65788
section, as applicable.	65789

(a) If the student entered the ninth grade prior to the date	65790
prescribed by rule of the state board under division ~~(E)~~(D)(2) of	65791
section 3301.0712 of the Revised Code, the student either:	65792

(i) Has attained at least the applicable scores designated	65793
under division (B)(1) of section 3301.0710 of the Revised Code on	65794
all the assessments prescribed under that division;	65795

(ii) Has satisfied the alternative conditions prescribed in	65796
section 3313.615 of the Revised Code.	65797

(b) If the student entered the ninth grade on or after the	65798
date prescribed by rule of the state board under division	65799
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the student	65800
has ~~attained on~~met the requirements of the entire assessment	65801
system prescribed under division (B)(2) of section 3301.0710 of	65802
the Revised Code ~~at least the required passing composite score,~~	65803
~~designated under division (C)(1) of section 3301.0712 of the~~	65804
~~Revised Code~~.	65805

(3) Has met additional criteria for granting an honors	65806
diploma.	65807

These additional criteria shall be the same as those	65808
prescribed by the state board under division (B) of section	65809
3313.61 of the Revised Code for the granting of such diplomas by	65810
school districts. No honors diploma shall be granted to anyone	65811
failing to comply with this division and not more than one honors	65812
diploma shall be granted to any student under this division.	65813

(C) A diploma or honors diploma awarded under this section	65814
shall be signed by the superintendent of public instruction and	65815
the superintendent of the state school for the blind or the	65816
superintendent of the state school for the deaf, as applicable.	65817
Each diploma shall bear the date of its issue and be in such form	65818
as the school superintendent prescribes.	65819

(D) Upon granting a diploma to a student under this section,	65820
the superintendent of the state school in which the student is	65821
enrolled shall provide notice of receipt of the diploma to the	65822
board of education of the school district where the student is	65823
entitled to attend school under section 3313.64 or 3313.65 of the	65824
Revised Code when not residing at the state school for the blind	65825
or the state school for the deaf. The notice shall indicate the	65826
type of diploma granted.	65827

Sec. 3326.11. Each science, technology, engineering, and	65828
mathematics school established under this chapter and its	65829
governing body shall comply with sections 9.90, 9.91, 109.65,	65830
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,	65831
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	65832
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	65833
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	65834
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,	65835
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,	65836
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,	65837
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,	65838
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21,	65839
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	65840
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	65841
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	65842
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	65843
4123., 4141., and 4167. of the Revised Code as if it were a school	65844
district.	65845

Sec. 3326.33. Payments and deductions under this section for	65846
fiscal years ~~2010~~2012 and ~~2011~~2013 shall be made in accordance	65847
with section 3326.39 of the Revised Code.	65848

For each student enrolled in a science, technology,	65849
engineering, and mathematics school established under this	65850
chapter, the department of education annually shall deduct from	65851
the state education aid of a student's resident school district	65852
and, if necessary, from the payment made to the district under	65853
sections 321.24 and 323.156 of the Revised Code and pay to the	65854
school the sum of the following:	65855

(A) The sum of the formula amount plus the per pupil amount	65856
of the base funding supplements specified in divisions (C)(1) to	65857
(4) of section 3317.012 of the Revised Code.	65858

(B) If the student is receiving special education and related	65859
services pursuant to an IEP, the product of the applicable special	65860
education weight times the formula amount;	65861

(C) If the student is enrolled in vocational education	65862
programs or classes that are described in section 3317.014 of the	65863
Revised Code, are provided by the school, and are comparable as	65864
determined by the superintendent of public instruction to school	65865
district vocational education programs and classes eligible for	65866
state weighted funding under section 3317.014 of the Revised Code,	65867
the product of the applicable vocational education weight times	65868
the formula amount times the percentage of time the student spends	65869
in the vocational education programs or classes;	65870

(D) If the student is included in the poverty student count	65871
of the student's resident district, the per pupil amount of the	65872
district's payment under division (C) of section 3317.029 of the	65873
Revised Code;	65874

(E) If the student is identified as limited English	65875
proficient and the student's resident district receives a payment	65876
for services to limited English proficient students under division	65877
(F) of section 3317.029 of the Revised Code, the per pupil amount	65878
of the district's payment under that division, calculated in the	65879
same manner as per pupil payments are calculated under division	65880
(C)(6) of section 3314.08 of the Revised Code;	65881

(F) If the student's resident district receives a payment	65882
under division (G), (H), or (I) of section 3317.029 of the Revised	65883
Code, the per pupil amount of the district's payments under each	65884
division, calculated in the same manner as per pupil payments are	65885
calculated under divisions (C)(7) and (8) of section 3314.08 of	65886
the Revised Code;	65887

(G) If the student's resident district receives a parity aid	65888
payment under section 3317.0217 of the Revised Code, the per pupil	65889
amount calculated for the district under division (C) or (D) of	65890
that section.	65891

Sec. 3326.39. For purposes of applying sections 3326.31 to	65892
3326.37 of the Revised Code to fiscal years ~~2010~~2012 and ~~2011~~	65893
2013:	65894

(A) The formula amount for STEM schools for each of fiscal	65895
~~year 2010 is $5,718, and for fiscal year 2011 is $5,703. These~~	65896
~~respective amounts~~years 2012 and 2013 is $5,653. That amount	65897
shall be applied wherein sections 3326.31 to 3326.37 of the	65898
Revised Code the formula amount is specified, except for deducting	65899
and paying amounts for special education weighted funding and	65900
vocational education weighted funding.	65901

(B) The base funding supplements under section 3317.012 of	65902
the Revised Code shall be deemed in each year to be the amounts	65903
specified in that section for fiscal year 2009. Accordingly, when	65904
computing the per-pupil base funding supplements for a STEM school	65905
under that section for fiscal years 2012 and 2013, the department	65906
of education shall substitute $5,732 for the "formula amount" as	65907
used in divisions (C)(2), (3), and (4) of that section.	65908

(C) Special education additional weighted funding shall be	65909
calculated by first grouping children with disabilities into the	65910
appropriate disability categories prescribed by section 3317.013	65911
of the Revised Code as amended by H.B. 153 of the 129th general	65912
assembly, and then by multiplying the ~~applicable weight~~respective	65913
multiple specified for fiscal year 2009 in that section ~~3317.013~~	65914
~~of the Revised Code~~, as it existed for that fiscal year ~~2009~~,	65915
times $5,732.	65916

(D) Vocational education additional weighted funding shall be	65917
calculated by multiplying the applicable weight specified in	65918
section 3317.014 of the Revised Code for fiscal year 2009 times	65919
$5,732.	65920

(E) The per pupil amounts paid to a school district under	65921
sections 3317.029 and 3317.0217 of the Revised Code shall be	65922
deemed to be the respective per pupil amounts paid under those	65923
sections to that district for fiscal year 2009.	65924

Sec. 3327.02. (A) After considering each of the following	65925
factors, the board of education of a city, exempted village, or	65926
local school district may determine that it is impractical to	65927
transport a pupil who is eligible for transportation to and from a	65928
school under section 3327.01 of the Revised Code:	65929

(1) The time and distance required to provide the	65930
transportation;	65931

(2) The number of pupils to be transported;

65932

(3) The cost of providing transportation in terms of	65933
equipment, maintenance, personnel, and administration;	65934

(4) Whether similar or equivalent service is provided to	65935
other pupils eligible for transportation;	65936

(5) Whether and to what extent the additional service	65937
unavoidably disrupts current transportation schedules;	65938

(6) Whether other reimbursable types of transportation are	65939
available.	65940

(B)(1) Based on its consideration of the factors established	65941
in division (A) of this section, the board may pass a resolution	65942
declaring the impracticality of transportation. The resolution	65943
shall include each pupil's name and the reason for impracticality.	65944

(2) The board shall report its determination to the state	65945
board of education in a manner determined by the state board.	65946

(3) The board of education of a local school district	65947
additionally shall submit the resolution for concurrence to the	65948
educational service center that contains the local district's	65949
territory. If the educational service center governing board	65950
considers transportation by school conveyance practicable, it	65951
shall so inform the local board and transportation shall be	65952
provided by such local board. If the educational service center	65953
board agrees with the view of the local board, the local board may	65954
offer payment in lieu of transportation as provided in this	65955
section.	65956

(C) After passing the resolution declaring the impracticality	65957
of transportation, the district board shall offer to provide	65958
payment in lieu of transportation by doing the following:	65959

(1) In accordance with guidelines established by the	65960
department of education, informing the pupil's parent, guardian,	65961
or other person in charge of the pupil of both of the following:	65962

(a) The board's resolution;

65963

(b) The right of the pupil's parent, guardian, or other	65964
person in charge of the pupil to accept the offer of payment in	65965
lieu of transportation or to reject the offer and instead request	65966
the department to initiate mediation procedures.	65967

(2) Issuing the pupil's parent, guardian, or other person in	65968
charge of the pupil a contract or other form on which the parent,	65969
guardian, or other person in charge of the pupil is given the	65970
option to accept or reject the board's offer of payment in lieu of	65971
transportation.	65972

(D) If the parent, guardian, or other person in charge of the	65973
pupil accepts the offer of payment in lieu of providing	65974
transportation, the board shall pay the parent, guardian, or other	65975
person in charge of the ~~child~~pupil an amount that shall be not	65976
less than the amount determined by the department of education as	65977
the minimum for payment in lieu of transportation, and not more	65978
than the amount determined by the department as the average cost	65979
of pupil transportation for the previous school year. Payment may	65980
be prorated if the time period involved is only a part of the	65981
school year.	65982

(E)(1)(a) Upon the request of a parent, guardian, or other	65983
person in charge of the pupil who rejected the payment in lieu of	65984
transportation, the department shall conduct mediation procedures.	65985

(b) If the mediation does not resolve the dispute, the state	65986
board of education shall conduct a hearing in accordance with	65987
Chapter 119. of the Revised Code. The state board may approve the	65988
payment in lieu of transportation or may order the board of	65989
education to provide transportation. The decision of the state	65990
board is binding in subsequent years and on future parties in	65991
interest provided the facts of the determination remain	65992
comparable.	65993

(2) The school district shall provide transportation for the	65994
pupil from the time the parent, guardian, or other person in	65995
charge of the pupil requests mediation until the matter is	65996
resolved under division (E)(1)(a) or (b) of this section.	65997

(F)(1) If the department determines that a school district	65998
board has failed or is failing to provide transportation as	65999
required by division (E)(2) of this section or as ordered by the	66000
state board under division (E)(1)(b) of this section, the	66001
department shall order the school district board to pay to the	66002
pupil's parent, guardian, or other person in charge of the pupil,	66003
an amount equal to the state average daily cost of transportation	66004
as determined by the state board of education for the previous	66005
year. The school district board shall make payments on a schedule	66006
ordered by the department.	66007

(2) If the department subsequently finds that a school	66008
district board is not in compliance with an order issued under	66009
division (F)(1) of this section and the affected pupils are	66010
enrolled in a nonpublic or community school, the department shall	66011
deduct the amount that the board is required to pay under that	66012
order from any pupil transportation payments the department makes	66013
to the school district board under section ~~3306.12~~3317.0212 of	66014
the Revised Code or other provisions of law. The department shall	66015
use the moneys so deducted to make payments to the nonpublic or	66016
community school attended by the pupil. The department shall	66017
continue to make the deductions and payments required under this	66018
division until the school district board either complies with the	66019
department's order issued under division (F)(1) of this section or	66020
begins providing transportation.	66021

(G) A nonpublic or community school that receives payments	66022
from the department under division (F)(2) of this section shall do	66023
either of the following:	66024

(1) Disburse the entire amount of the payments to the parent,	66025
guardian, or other person in ~~control~~charge of the pupil affected	66026
by the failure of the school district of residence to provide	66027
transportation;	66028

(2) Use the entire amount of the payments to provide	66029
acceptable transportation for the affected pupil.	66030

Sec. 3327.04. (A) The board of education of any city,	66031
exempted village, or local school district may contract with the	66032
board of another district for the admission or transportation, or	66033
both, of pupils into any school in such other district, on terms	66034
agreed upon by such boards.	66035

(B) The boards of two school districts may enter into a	66036
contract under this section to share the provision of	66037
transportation to a child who resides in one school district and	66038
attends school in the other district. Under such an agreement, one	66039
district may claim the total transportation subsidy available for	66040
such child under section ~~3306.12~~3317.0212 of the Revised Code or	66041
other provisions of law and may agree to pay any portion of such	66042
subsidy to the other district sharing the provision of	66043
transportation to that child. The contract shall delineate the	66044
transportation responsibilities of each district.	66045

A school district that enters into a contract under this	66046
section is not liable for any injury, death, or loss to the person	66047
or property of a student that may occur while the student is being	66048
furnished transportation by the other school district that is a	66049
party to the contract.	66050

(C) Whenever a board not maintaining a high school enters	66051
into an agreement with one or more boards maintaining such school	66052
for the schooling of all its high school pupils, the board making	66053
such agreement is exempt from the payment of tuition at other high	66054
schools of pupils living within three miles of the school	66055
designated in the agreement. In case no such agreement is entered	66056
into, the high school to be attended can be selected by the pupil	66057
holding an eighth grade diploma, and the tuition shall be paid by	66058
the board of the district of school residence.	66059

Sec. 3327.05. (A) Except as provided in division (B) of this	66060
section, no board of education of any school district shall	66061
provide transportation for any pupil who is a school resident of	66062
another school district unless the pupil is enrolled pursuant to	66063
section 3313.98 of the Revised Code or the board of the other	66064
district has given its written consent thereto. If the board of	66065
any school district files with the state board of education a	66066
written complaint that transportation for resident pupils is being	66067
provided by the board of another school district contrary to this	66068
division, the state board of education shall make an investigation	66069
of such complaint. If the state board of education finds that	66070
transportation is being provided contrary to this section, it may	66071
withdraw from state funds due the offending district any part of	66072
the amount that has been approved for transportation pursuant to	66073
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	66074
of law.	66075

(B) Notwithstanding division (D) of section 3311.19 and	66076
division (D) of section 3311.52 of the Revised Code, this division	66077
does not apply to any joint vocational or cooperative education	66078
school district.	66079

A board of education may provide transportation to and from	66080
the nonpublic school of attendance if both of the following apply:	66081

(1) The parent, guardian, or other person in charge of the	66082
pupil agrees to pay the board for all costs incurred in providing	66083
the transportation that are not reimbursed pursuant to Chapter	66084
~~3306. or~~ 3317. of the Revised Code;	66085

(2) The pupil's school district of residence does not provide	66086
transportation for public school pupils of the same grade as the	66087
pupil being transported under this division, or that district is	66088
not required under section 3327.01 of the Revised Code to	66089
transport the pupil to and from the nonpublic school because the	66090
direct travel time to the nonpublic school is more than thirty	66091
minutes.	66092

Upon receipt of the request to provide transportation, the	66093
board shall review the request and determine whether the board	66094
will accommodate the request. If the board agrees to transport the	66095
pupil, the board may transport the pupil to and from the nonpublic	66096
school and a collection point in the district, as determined by	66097
the board. If the board transports the pupil, the board may	66098
include the pupil in the district's transportation ADM reported to	66099
the department of education under section 3317.03 of the Revised	66100
Code and, accordingly, may receive a state payment under section	66101
~~3306.12~~3317.0212 of the Revised Code or other provisions of law	66102
for transporting the pupil.	66103

If the board declines to transport the pupil, the board, in a	66104
written communication to the parent, guardian, or other person in	66105
charge of the pupil, shall state the reasons for declining the	66106
request.	66107

Sec. 3328.01. As used in this chapter:

66108

(A) "Child with a disability," "IEP," and "school district of	66109
residence" have the same meanings as in section 3323.01 of the	66110
Revised Code.	66111

(B) "Eligible student" means a student who is entitled to	66112
attend school in a participating school district; is at risk of	66113
academic failure; is from a family whose income is below two	66114
hundred per cent of the federal poverty guidelines, as defined in	66115
section 5101.46 of the Revised Code; meets any additional criteria	66116
prescribed by agreement between the state board of education and	66117
the operator of the college-preparatory boarding school in which	66118
the student seeks enrollment; and meets at least two of the	66119
following additional conditions:	66120

(1) The student has a record of in-school disciplinary	66121
actions, suspensions, expulsions, or truancy.	66122

(2) The student has not attained at least a proficient score	66123
on the state achievement assessments in English language arts,	66124
reading, or mathematics prescribed under section 3301.0710 of the	66125
Revised Code, after those assessments have been administered to	66126
the student at least once, or the student has not attained at	66127
least a score designated by the board of trustees of the	66128
college-preparatory boarding school in which the student seeks	66129
enrollment under this chapter on an end-of-course examination in	66130
English language arts or mathematics prescribed under section	66131
3301.0712 of the Revised Code.	66132

(3) The student is a child with a disability.

66133

(4) The student has been referred for academic intervention	66134
services.	66135

(5) The student's head of household is a single parent. As	66136
used in this division and in division (B)(6) of this section,	66137
"head of household" means a person who occupies the same household	66138
as the student and who is financially responsible for the student.	66139

(6) The student's head of household is not the student's	66140
custodial parent.	66141

(7) A member of the student's family has been imprisoned, as	66142
defined in section 1.05 of the Revised Code.	66143

(C) "Entitled to attend school" means entitled to attend	66144
school in a school district under section 3313.64 or 3313.65 of	66145
the Revised Code.	66146

(D) "Formula ADM" and "category one through six special	66147
education ADM" have the same meanings as in section 3306.02 of the	66148
Revised Code.	66149

(E) "Operator" means the operator of a college-preparatory	66150
boarding school selected under section 3328.11 of the Revised	66151
Code.	66152

(F) "Participating school district" means either of the	66153
following:	66154

(1) The school district in which a college-preparatory	66155
boarding school established under this chapter is located;	66156

(2) A school district other than one described in division	66157
(F)(1) of this section that, pursuant to procedures adopted by the	66158
state board of education under section 3328.04 of the Revised	66159
Code, agrees to be a participating school district so that	66160
eligible students entitled to attend school in that district may	66161
enroll in a college-preparatory boarding school established under	66162
this chapter.	66163

(G) "State education aid" has the same meaning as in section	66164
3317.02 of the Revised Code.	66165

Sec. 3328.02. Each college-preparatory boarding school	66166
established under this chapter is a public school and is part of	66167
the state's program of education, subject to a charter granted by	66168
the state board of education under section 3301.16 of the Revised	66169
Code.	66170

Sec. 3328.03. In accordance with Section 22 of Article II,	66171
Ohio Constitution, no agreement or contract entered into under	66172
this chapter shall create an obligation of state funds for a	66173
period longer than two years; however, the general assembly, every	66174
two years, may authorize renewal of any such obligation.	66175

Sec. 3328.04. The city, exempted village, or local school	66176
district in which a college-preparatory boarding school	66177
established under this chapter is located is a participating	66178
school district under this chapter. Any other city, exempted	66179
village, or local school district may agree to be a participating	66180
school district. The state board of education shall adopt	66181
procedures for districts to agree to be participating school	66182
districts.	66183

Sec. 3328.11. (A) In accordance with the procedures	66184
prescribed in division (B) of this section, the state board of	66185
education shall select a private nonprofit corporation that meets	66186
the following qualifications to operate each college-preparatory	66187
boarding school established under this chapter:	66188

(1) The corporation has experience operating a school or	66189
program similar to the schools authorized under this chapter.	66190

(2) The school or program described in division (A)(1) of	66191
this section has demonstrated to the satisfaction of the state	66192
board success in improving the academic performance of students.	66193

(3) The corporation has demonstrated to the satisfaction of	66194
the state board that the corporation has the capacity to secure	66195
private funds for the development of the school authorized under	66196
this chapter.	66197

(B)(1) Not later than sixty days after the effective date of	66198
this section, the state board shall issue a request for proposals	66199
from private nonprofit corporations qualified to operate a	66200
college-preparatory boarding school established under this	66201
chapter. If the state board subsequently determines that the	66202
establishment of one or more additional college-preparatory	66203
boarding schools is advisable, the state board shall issue	66204
requests for proposals from private nonprofit corporations	66205
qualified to operate those additional schools.	66206

In all cases, the state board shall select the school's	66207
operator from among the qualified responders within one hundred	66208
eighty days after the issuance of the request for proposals. If no	66209
qualified responder submits a proposal, the state board may issue	66210
another request for proposals.	66211

(2) Each proposal submitted to the state board shall contain	66212
the following information:	66213

(a) The proposed location of the college-preparatory boarding	66214
school, which may differ from any location recommended by the	66215
state board in the request for proposals;	66216

(b) A plan for offering grade six in the school's initial	66217
year of operation and a plan for increasing the grade levels	66218
offered by the school in subsequent years;	66219

(c) Any other information about the proposed educational	66220
program, facilities, or operations of the school considered	66221
necessary by the state board.	66222

Sec. 3328.12. The state board of education shall enter into	66223
a contract with the operator of each college-preparatory boarding	66224
school established under this chapter. The contract shall	66225
stipulate the following:	66226

(A) The school may operate only if and to the extent the	66227
school holds a valid charter granted by the state board under	66228
section 3301.16 of the Revised Code.	66229

(B) The operator shall oversee the acquisition of a facility	66230
for the school.	66231

(C) The operator shall operate the school in accordance with	66232
the terms of the proposal accepted by the state board under	66233
section 3328.11 of the Revised Code, including the plan for	66234
increasing the grade levels offered by the school.	66235

(D) The school shall comply with the provisions of this	66236
chapter.	66237

(E) The school shall comply with any other provisions of law	66238
specified in the contract, the charter granted by the state board,	66239
and the rules adopted by the state board under section 3328.50 of	66240
the Revised Code.	66241

(F) The school shall comply with the bylaws adopted by the	66242
operator under section 3328.13 of the Revised Code.	66243

(G) The school shall meet the academic goals and other	66244
performance standards specified in the contract.	66245

(H) The state board or the operator may terminate the	66246
contract in accordance with the procedures specified in the	66247
contract, which shall include at least a requirement that the	66248
party seeking termination give prior notice of the intent to	66249
terminate the contract and a requirement that the party receiving	66250
such notice be granted an opportunity to redress any grievances	66251
cited in the notice prior to the termination.	66252

(I) If the school closes for any reason, the school's board	66253
of trustees shall execute the closing in the manner specified in	66254
the contract.	66255

Sec. 3328.13. Each operator of a college-preparatory boarding	66256
school established under this chapter shall adopt bylaws for the	66257
oversight and operation of the school that are consistent with the	66258
provisions of this chapter, the rules adopted under section	66259
3328.50 of the Revised Code, the contract between the operator and	66260
the state board of education, and the charter granted to the	66261
school by the state board. The bylaws shall include procedures for	66262
the appointment of members of the school's board of trustees,	66263
whose terms of office shall be as prescribed in section 3328.15 of	66264
the Revised Code. The bylaws also shall include standards for the	66265
admission of students to the school and their dismissal from the	66266
school. The bylaws shall be subject to the approval of the state	66267
board.	66268

Sec. 3328.14. Each operator of a college-preparatory boarding	66269
school established under this chapter shall adopt a program of	66270
outreach to inform every city, local, and exempted village school	66271
district about the school and the procedures for admission to the	66272
school and for becoming a participating school district.	66273

Sec. 3328.15. (A) Each college-preparatory boarding school	66274
established under this chapter shall be governed by a board of	66275
trustees consisting of up to twenty-five members. Five of those	66276
members shall be appointed by the governor, with the advice and	66277
consent of the senate. The governor's appointments may be based on	66278
nonbinding recommendations made by the superintendent of public	66279
instruction. The remaining members shall be appointed pursuant to	66280
the bylaws adopted under section 3328.13 of the Revised Code.	66281

(B) The terms of office of the initial members shall be as	66282
follows:	66283

(1) Two members appointed by the governor shall serve for an	66284
initial term of three years.	66285

(2) Two members appointed by the governor shall serve for an	66286
initial term of two years.	66287

(3) One member appointed by the governor shall serve for an	66288
initial term of one year.	66289

(4) One-third of the members appointed pursuant to the	66290
bylaws, rounded down to the nearest whole number, shall serve for	66291
an initial term of three years.	66292

(5) One-third of the members appointed pursuant to the	66293
bylaws, rounded down to the nearest whole number, shall serve for	66294
an initial term of two years.	66295

(6) One-third of the members appointed pursuant to the	66296
bylaws, rounded down to the nearest whole number, shall serve for	66297
an initial term of one year.	66298

(7) Any remaining members appointed pursuant to the bylaws	66299
shall serve for an initial term of one year.	66300

Thereafter the terms of office of all members shall be for	66301
three years.	66302

The beginning date and ending date of terms of office shall	66303
be as prescribed in the bylaws adopted under section 3328.13 of	66304
the Revised Code.	66305

(C) Vacancies on the board shall be filled in the same manner	66306
as the initial appointments. A member appointed to an unexpired	66307
term shall serve for the remainder of that term and may be	66308
reappointed subject to division (D) of this section.	66309

(D) No member may serve for more than three consecutive	66310
three-year terms.	66311

(E) The officers of the board shall be selected by and from	66312
among the members of the board.	66313

(F) Compensation for the members of the board, if any, shall	66314
be as prescribed in the bylaws adopted under section 3328.13 of	66315
the Revised Code.	66316

Sec. 3328.17. Employees of a college-preparatory boarding	66317
school established under this chapter may organize and	66318
collectively bargain pursuant to Chapter 4117. of the Revised	66319
Code. Notwithstanding division (D)(1) of section 4117.06 of the	66320
Revised Code, a unit containing teaching and nonteaching employees	66321
employed under this section may be considered an appropriate unit.	66322

Sec. 3328.18. (A) As used in this section, "license" has the	66323
same meaning as in section 3319.31 of the Revised Code.	66324

(B) If a person who is employed by a college-preparatory	66325
boarding school established under this chapter or its operator is	66326
arrested, summoned, or indicted for an alleged violation of an	66327
offense listed in division (C) of section 3319.31 of the Revised	66328
Code, if the person holds a license, or an offense listed in	66329
division (B)(1) of section 3319.39 of the Revised Code, if the	66330
person does not hold a license, the chief administrator of the	66331
school in which that person works shall suspend that person from	66332
all duties that require the care, custody, or control of a child	66333
during the pendency of the criminal action against the person. If	66334
the person who is arrested, summoned, or indicted for an alleged	66335
violation of an offense listed in division (C) of section 3319.31	66336
or division (B)(1) of section 3319.39 of the Revised Code is the	66337
chief administrator of the school, the board of trustees of the	66338
school shall suspend the chief administrator from all duties that	66339
require the care, custody, or control of a child.	66340

(C) When a person who holds a license is suspended in	66341
accordance with this section, the chief administrator or board	66342
that imposed the suspension promptly shall report the person's	66343
suspension to the department of education. The report shall	66344
include the offense for which the person was arrested, summoned,	66345
or indicted.	66346

Sec. 3328.19. (A) As used in this section:

66347

(1) "Conduct unbecoming to the teaching profession" shall be	66348
as described in rules adopted by the state board of education.	66349

(2) "Intervention in lieu of conviction" means intervention	66350
in lieu of conviction under section 2951.041 of the Revised Code.	66351

(3) "License" has the same meaning as in section 3319.31 of	66352
the Revised Code.	66353

(4) "Pre-trial diversion program" means a pre-trial diversion	66354
program under section 2935.36 of the Revised Code or a similar	66355
diversion program under rules of a court.	66356

(B) The chief administrator of each college-preparatory	66357
boarding school established under this chapter, or the president	66358
or chairperson of the board of trustees of the school if division	66359
(C) of this section applies, shall promptly submit to the	66360
superintendent of public instruction the information prescribed in	66361
division (D) of this section when any of the following conditions	66362
applies to a person employed to work in the school who holds a	66363
license issued by the state board of education:	66364

(1) The chief administrator, or president or chairperson,	66365
knows that the employee has pleaded guilty to, has been found	66366
guilty by a jury or court of, has been convicted of, has been	66367
found to be eligible for intervention in lieu of conviction for,	66368
or has agreed to participate in a pre-trial diversion program for	66369
an offense described in division (B)(2) or (C) of section 3319.31	66370
or division (B)(1) of section 3319.39 of the Revised Code.	66371

(2) The board of trustees of the school, or the operator, has	66372
initiated termination or nonrenewal proceedings against, has	66373
terminated, or has not renewed the contract of the employee	66374
because the board or operator has reasonably determined that the	66375
employee has committed an act that is unbecoming to the teaching	66376
profession or an offense described in division (B)(2) or (C) of	66377
section 3319.31 or division (B)(1) of section 3319.39 of the	66378
Revised Code.	66379

(3) The employee has resigned under threat of termination or	66380
nonrenewal as described in division (B)(2) of this section.	66381

(4) The employee has resigned because of or in the course of	66382
an investigation by the board or operator regarding whether the	66383
employee has committed an act that is unbecoming to the teaching	66384
profession or an offense described in division (B)(2) or (C) of	66385
section 3319.31 or division (B)(1) of section 3319.39 of the	66386
Revised Code.	66387

(C) If the employee to whom any of the conditions prescribed	66388
in divisions (B)(1) to (4) of this section applies is the chief	66389
administrator of the school, the president or chairperson of the	66390
board of trustees of the school shall make the report required	66391
under this section.	66392

(D) If a report is required under this section, the chief	66393
administrator, or president or chairperson, shall submit to the	66394
superintendent of public instruction the name and social security	66395
number of the employee about whom the information is required and	66396
a factual statement regarding any of the conditions prescribed in	66397
divisions (B)(1) to (4) of this section that apply to the	66398
employee.	66399

(E) A determination made by the board or operator as	66400
described in division (B)(2) of this section or a termination,	66401
nonrenewal, resignation, or other separation described in	66402
divisions (B)(2) to (4) of this section does not create a	66403
presumption of the commission or lack of the commission by the	66404
employee of an act unbecoming to the teaching profession or an	66405
offense described in division (B)(2) or (C) of section 3319.31 or	66406
division (B)(1) of section 3319.39 of the Revised Code.	66407

(F) No individual required to submit a report under division	66408
(B) of this section shall knowingly fail to comply with that	66409
division.	66410

(G) An individual who provides information to the	66411
superintendent of public instruction in accordance with this	66412
section in good faith shall be immune from any civil liability	66413
that otherwise might be incurred or imposed for injury, death, or	66414
loss to person or property as a result of the provision of that	66415
information.	66416

Sec. 3328.191. The board of trustees of each	66417
college-preparatory boarding school established under this chapter	66418
shall require that the reports of any investigation by the board	66419
or by the school's operator of an employee who works in the	66420
school, regarding whether the employee has committed an act or	66421
offense for which the chief administrator of the school or the	66422
president or chairperson of the board is required to make a report	66423
to the superintendent of public instruction under section 3328.19	66424
of the Revised Code, be kept in the employee's personnel file. If,	66425
after an investigation under division (A) of section 3319.311 of	66426
the Revised Code, the superintendent of public instruction	66427
determines that the results of that investigation do not warrant	66428
initiating action under section 3319.31 of the Revised Code, the	66429
board shall require the reports of the investigation to be moved	66430
from the employee's personnel file to a separate public file.	66431

Sec. 3328.192. Notwithstanding any provision to the contrary	66432
in Chapter 4117. of the Revised Code, the provisions of sections	66433
3328.19 and 3328.191 of the Revised Code prevail over any	66434
conflicting provisions of a collective bargaining agreement or	66435
contract for employment entered into on or after the effective	66436
date of this section.	66437

Sec. 3328.193. (A) As used in this section, "license" has	66438
the same meaning as in section 3319.31 of the Revised Code.	66439

(B) No employee of a college-preparatory boarding school	66440
established under this chapter or its operator shall do either of	66441
the following:	66442

(1) Knowingly make a false report to the chief administrator	66443
of the school, or the chief administrator's designee, alleging	66444
misconduct by another employee of the school or its operator;	66445

(2) Knowingly cause the chief administrator, or the chief	66446
administrator's designee, to make a false report of the alleged	66447
misconduct to the superintendent of public instruction or the	66448
state board of education.	66449

(C) Any employee of a college-preparatory boarding school	66450
established under this chapter or its operator who in good faith	66451
reports to the chief administrator of the school, or the chief	66452
administrator's designee, information about alleged misconduct	66453
committed by another employee of the school or operator shall be	66454
immune from any civil liability that otherwise might be incurred	66455
or imposed for injury, death, or loss to person or property as a	66456
result of the reporting of that information.	66457

If the alleged misconduct involves a person who holds a	66458
license but the chief administrator is not required to submit a	66459
report to the superintendent of public instruction under section	66460
3328.19 of the Revised Code and the chief administrator, or the	66461
chief administrator's designee, in good faith reports the alleged	66462
misconduct to the superintendent of public instruction or the	66463
state board, the chief administrator, or the chief administrator's	66464
designee, shall be immune from any civil liability that otherwise	66465
might be incurred or imposed for injury, death, or loss to person	66466
or property as a result of the reporting of that information.	66467

(D)(1) In any civil action brought against a person in which	66468
it is alleged and proved that the person violated division (B) of	66469
this section, the court shall award the prevailing party	66470
reasonable attorney's fees and costs that the prevailing party	66471
incurred in the civil action or as a result of the false report	66472
that was the basis of the violation.	66473

(2) If a person is convicted of or pleads guilty to a	66474
violation of division (B) of this section, if the subject of the	66475
false report that was the basis of the violation was charged with	66476
any violation of a law or ordinance as a result of the false	66477
report, and if the subject of the false report is found not to be	66478
guilty of the charges brought against the subject as a result of	66479
the false report or those charges are dismissed, the court that	66480
sentences the person for the violation of division (B) of this	66481
section, as part of the sentence, shall order the person to pay	66482
restitution to the subject of the false report, in an amount equal	66483
to reasonable attorney's fees and costs that the subject of the	66484
false report incurred as a result of or in relation to the	66485
charges.	66486

Sec. 3328.20. (A) As used in this section:

66487

(1) "Designated official" means the chief administrator of a	66488
college-preparatory boarding school established under this	66489
chapter, or the chief administrator's designee.	66490

(2) "Essential school services" means services provided by a	66491
private company under contract with a college-preparatory boarding	66492
school established under this chapter that the chief administrator	66493
of the school has determined are necessary for the operation of	66494
the school and that would need to be provided by persons employed	66495
by the school or its operator if the services were not provided by	66496
the private company.	66497

(3) "License" has the same meaning as in section 3319.31 of	66498
the Revised Code.	66499

(B) This section applies to any person who is an employee of	66500
a private company under contract with a college-preparatory	66501
boarding school established under this chapter to provide	66502
essential school services and who will work in the school in a	66503
position that does not require a license issued by the state board	66504
of education, is not for the operation of a vehicle for pupil	66505
transportation, and that involves routine interaction with a child	66506
or regular responsibility for the care, custody, or control of a	66507
child.	66508

(C) No college-preparatory boarding school established under	66509
this chapter shall permit a person to whom this section applies to	66510
work in the school, unless one of the following applies to the	66511
person:	66512

(1) The person's employer presents proof of both of the	66513
following to the designated official:	66514

(a) That the person has been the subject of a criminal	66515
records check conducted in accordance with division (D) of this	66516
section within the five-year period immediately prior to the date	66517
on which the person will begin working in the school;	66518

(b) That the criminal records check indicates that the person	66519
has not been convicted of or pleaded guilty to any offense	66520
described in division (B)(1) of section 3319.39 of the Revised	66521
Code.	66522

(2) During any period of time in which the person will have	66523
routine interaction with a child or regular responsibility for the	66524
care, custody, or control of a child, the designated official has	66525
arranged for an employee of the school to be present in the same	66526
room with the child or, if outdoors, to be within a thirty-yard	66527
radius of the child or to have visual contact with the child.	66528

(D) Any private company that has been hired or seeks to be	66529
hired by a college-preparatory boarding school established under	66530
this chapter to provide essential school services may request the	66531
bureau of criminal identification and investigation to conduct a	66532
criminal records check of any of its employees for the purpose of	66533
complying with division (C)(1) of this section. Each request for a	66534
criminal records check under this division shall be made to the	66535
superintendent of the bureau in the manner prescribed in section	66536
3319.39 of the Revised Code. Upon receipt of a request, the bureau	66537
shall conduct the criminal records check in accordance with	66538
section 109.572 of the Revised Code as if the request had been	66539
made under section 3319.39 of the Revised Code.	66540

Notwithstanding division (H) of section 109.57 of the Revised	66541
Code, the private company may share the results of any criminal	66542
records check conducted under this division with the designated	66543
official for the purpose of complying with division (C)(1) of this	66544
section, but in no case shall the designated official release that	66545
information to any other person.	66546

Sec. 3328.21. (A) Any eligible student may apply for	66547
admission to a college-preparatory boarding school established	66548
under this chapter in a grade level offered by the school that is	66549
appropriate for the student and shall be admitted to the school in	66550
that grade level to the extent the student's admission is within	66551
the capacity of the school as established by the school's board of	66552
trustees, subject to division (B) of this section. If more	66553
eligible students apply for admission than the number of students	66554
permitted by the capacity established by the board of trustees,	66555
admission shall be by lot.	66556

(B) In the first year of operation, each school established	66557
under this chapter shall offer only grade six and shall not admit	66558
more than eighty students to the school. In each subsequent year	66559
of operation, the school may add additional grade levels as	66560
specified in the contract under section 3328.12 of the Revised	66561
Code, but at no time shall the school's total student population	66562
exceed four hundred students.	66563

Sec. 3328.22. The educational program of a	66564
college-preparatory boarding school established under this chapter	66565
shall include at least all of the following:	66566

(A) A remedial curriculum for students in grades lower than	66567
grade nine;	66568

(B) A college-preparatory curriculum for high school students	66569
that, at a minimum, shall comply with section 3313.603 of the	66570
Revised Code as that section applies to school districts;	66571

(C) Extracurricular activities, including athletic and	66572
cultural activities;	66573

(D) College admission counseling;

66574

(E) Health and mental health services;

66575

(F) Tutoring services;

66576

(G) Community services opportunities;

66577

(H) A residential student life program.

66578

Sec. 3328.23. (A) A college-preparatory boarding school	66579
established under this chapter and the school's operator shall	66580
comply with Chapter 3323. of the Revised Code as if the school	66581
were a school district. For each child with a disability enrolled	66582
in the school for whom an IEP has been developed, the school and	66583
its operator shall verify in the manner prescribed by the	66584
department of education that the school is providing the services	66585
required under the child's IEP.	66586

(B) The school district in which a child with a disability	66587
enrolled in the college-preparatory boarding school is entitled to	66588
attend school and the child's school district of residence, if	66589
different, are not obligated to provide the student with a free	66590
appropriate public education under Chapter 3323. of the Revised	66591
Code for as long as the child is enrolled in the	66592
college-preparatory boarding school.	66593

Sec. 3328.24. A college-preparatory boarding school	66594
established under this chapter, its operator, and its board of	66595
trustees shall comply with sections 3301.0710, 3301.0711,	66596
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as	66597
if the school and the operator were a school district and the	66598
school's board of trustees were a district board of education.	66599

Sec. 3328.25. (A) The board of trustees of a	66600
college-preparatory boarding school established under this chapter	66601
shall grant a diploma to any student enrolled in the school to	66602
whom all of the following apply:	66603

(1) The student has successfully completed the school's high	66604
school curriculum or the IEP developed for the student by the	66605
school pursuant to section 3323.08 of the Revised Code or has	66606
qualified under division (D) or (F) of section 3313.603 of the	66607
Revised Code, provided that the school shall not require a student	66608
to remain in school for any specific number of semesters or other	66609
terms if the student completes the required curriculum early.	66610

(2) Subject to section 3313.614 of the Revised Code, the	66611
student has met the assessment requirements of division (A)(2)(a)	66612
or (b) of this section, as applicable.	66613

(a) If the student entered ninth grade prior to the date	66614
prescribed by rule of the state board of education under division	66615
(D)(2) of section 3301.0712 of the Revised Code, the student	66616
either:	66617

(i) Has attained at least the applicable scores designated	66618
under division (B)(1) of section 3301.0710 of the Revised Code on	66619
all the assessments prescribed by that division unless division	66620
(L) of section 3313.61 of the Revised Code applies to the student;	66621

(ii) Has satisfied the alternative conditions prescribed in	66622
section 3313.615 of the Revised Code.	66623

(b) If the person entered ninth grade on or after the date	66624
prescribed by rule of the state board under division (D)(2) of	66625
section 3301.0712 of the Revised Code, the student has met the	66626
requirements of the entire assessment system prescribed under	66627
division (B)(2) of section 3301.0710 of the Revised Code, except	66628
to the extent that the student is excused from some portion of	66629
that assessment system pursuant to division (L) of section 3313.61	66630
of the Revised Code.	66631

(3) The student is not eligible to receive an honors diploma	66632
granted under division (B) of this section.	66633

No diploma shall be granted under this division to anyone	66634
except as provided in this division.	66635

(B) In lieu of a diploma granted under division (A) of this	66636
section, the board of trustees shall grant an honors diploma, in	66637
the same manner that boards of education of school districts grant	66638
honors diplomas under division (B) of section 3313.61 of the	66639
Revised Code, to any student enrolled in the school who	66640
accomplishes all of the following:	66641

(1) Successfully completes the school's high school	66642
curriculum or the IEP developed for the student by the school	66643
pursuant to section 3323.08 of the Revised Code;	66644

(2) Subject to section 3313.614 of the Revised Code, has met	66645
the assessment requirements of division (B)(2)(a) or (b) of this	66646
section, as applicable.	66647

(a) If the student entered ninth grade prior to the date	66648
prescribed by rule of the state board under division (D)(2) of	66649
section 3301.0712 of the Revised Code, the student either:	66650

(i) Has attained at least the applicable scores designated	66651
under division (B)(1) of section 3301.0710 of the Revised Code on	66652
all the assessments prescribed under that division;	66653

(ii) Has satisfied the alternative conditions prescribed in	66654
section 3313.615 of the Revised Code.	66655

(b) If the person entered ninth grade on or after the date	66656
prescribed by rule of the state board under division (D)(2) of	66657
section 3301.0712 of the Revised Code, the student has met the	66658
requirements of the entire assessment system prescribed under	66659
division (B)(2) of section 3301.0710 of the Revised Code.	66660

(3) Has met the additional criteria for granting an honors	66661
diploma prescribed by the state board under division (B) of	66662
section 3313.61 of the Revised Code for the granting of honors	66663
diplomas by school districts.	66664

An honors diploma shall not be granted to a student who is	66665
subject to the Ohio core curriculum prescribed in division (C) of	66666
section 3313.603 of the Revised Code but elects the option of	66667
division (D) or (F) of that section. No honors diploma shall be	66668
granted to anyone failing to comply with this division, and not	66669
more than one honors diploma shall be granted to any student under	66670
this division.	66671

(C) A diploma or honors diploma awarded under this section	66672
shall be signed by the presiding officer of the board of trustees.	66673
Each diploma shall bear the date of its issue and be in such form	66674
as the board of trustees prescribes.	66675

(D) Upon granting a diploma to a student under this section,	66676
the presiding officer of the board of trustees shall provide	66677
notice of receipt of the diploma to the board of education of the	66678
city, exempted village, or local school district where the student	66679
is entitled to attend school when not residing at the	66680
college-preparatory boarding school. The notice shall indicate the	66681
type of diploma granted.	66682

Sec. 3328.26. (A) The department of education shall issue an	66683
annual report card for each college-preparatory boarding school	66684
established under this chapter that includes all information	66685
applicable to school buildings under section 3302.03 of the	66686
Revised Code.	66687

(B) For each student enrolled in the school, the department	66688
shall combine data regarding the academic performance of that	66689
student with comparable data from the school district in which the	66690
student is entitled to attend school for the purpose of	66691
calculating the performance of the district as a whole on the	66692
report card issued for the district under section 3302.03 of the	66693
Revised Code.	66694

(C) Each college-preparatory boarding school and its operator	66695
shall comply with sections 3302.04 and 3302.041 of the Revised	66696
Code, except that any action required to be taken by a school	66697
district pursuant to those sections shall be taken by the school.	66698

Sec. 3328.31. Each college-preparatory boarding school	66699
established under this chapter shall report to the department of	66700
education, in the form and manner prescribed by the department,	66701
the following information:	66702

(A) The total number of students enrolled in the school;

66703

(B) The number of students enrolled in the school who are	66704
receiving special education and related services pursuant to an	66705
IEP;	66706

(C) The city, exempted village, or local school district in	66707
which each student reported under division (A) of this section is	66708
entitled to attend school;	66709

(D) Any additional information the department determines	66710
necessary to make payments to the school under this chapter.	66711

Sec. 3328.32. The city, exempted village, or local school	66712
district in which each child enrolled in a college-preparatory	66713
boarding school established under this chapter is entitled to	66714
attend school shall count that child in the district's average	66715
daily membership and in the district's category one through six	66716
special education ADM, as appropriate, as reported under divisions	66717
(A) and (B)(5) to (10) of section 3317.03 of the Revised Code.	66718

The department of education shall count that child in the	66719
district's formula ADM.	66720

Sec. 3328.33. For each child enrolled in a	66721
college-preparatory boarding school, as reported under section	66722
3328.31 of the Revised Code, the department of education shall	66723
deduct from the state education aid and, if necessary, from the	66724
payment under sections 321.24 and 323.156 of the Revised Code, for	66725
the city, exempted village, or local school district in which the	66726
child is entitled to attend school an amount equal to eighty-five	66727
per cent of the operating expenditure per pupil of that district.	66728

As used in this section, a district's "operating expenditure	66729
per pupil" is the total amount of state payments and other	66730
nonfederal revenue spent by the district for operating expenses	66731
during the previous fiscal year, divided by the district's formula	66732
ADM for the previous fiscal year.	66733

Sec. 3328.34. (A) For each child enrolled in a	66734
college-preparatory boarding school, as reported under section	66735
3328.31 of the Revised Code, the department of education shall pay	66736
to the school the sum of the amount deducted from a participating	66737
school district's account for that child under section 3328.33 of	66738
the Revised Code plus the per-pupil boarding amount specified in	66739
division (B) of this section.	66740

(B) For the first fiscal year in which a college-preparatory	66741
boarding school may be established under this chapter, the	66742
"per-pupil boarding amount" is twenty-five thousand dollars. For	66743
each fiscal year thereafter, that amount shall be adjusted by the	66744
rate of inflation, as measured by the consumer price index (all	66745
urban consumers, all items) prepared by the bureau of labor	66746
statistics of the United States department of labor, for the	66747
previous twelve-month period.	66748

(C) The state board of education may accept funds from	66749
federal and state noneducation support services programs for the	66750
purpose of funding the per pupil boarding amount prescribed in	66751
division (B) of this section. Notwithstanding any other provision	66752
of the Revised Code, the state board shall coordinate and	66753
streamline any noneducation program requirements in order to	66754
eliminate redundant or conflicting requirements, licensing	66755
provisions, and oversight by government programs or agencies. The	66756
applicable regulatory entities shall, to the maximum extent	66757
possible, use independent reports and financial audits provided by	66758
the operator and coordinated by the department of education to	66759
eliminate or reduce contract and administrative reviews.	66760
Regulatory entities other than the state board may suggest	66761
reasonable additional items to be included in such independent	66762
reports and financial audits to meet any requirements of federal	66763
law. Reporting paperwork prepared for the state board shall be	66764
shared with and accepted by other state and local entities to the	66765
maximum extent feasible.	66766

(D)(1) Notwithstanding division (A) of this section, if, in	66767
any fiscal year, the operator of a college-preparatory boarding	66768
school receives federal funds for the purpose of supporting the	66769
school's operations, the amount of those federal funds shall be	66770
deducted from the total per-pupil boarding amount for all enrolled	66771
students paid by the department to the school for that fiscal	66772
year, unless the operator and the department determine otherwise	66773
in a written agreement. Any portion of the total per-pupil	66774
boarding amount for all enrolled students remaining after the	66775
deduction of the federal funds shall be paid by the department to	66776
the school from state funds appropriated to the department.	66777

(2) Notwithstanding division (A) of this section, if, in any	66778
fiscal year, the department receives federal funds for the purpose	66779
of supporting the operations of a college-preparatory boarding	66780
school, the department shall use those federal funds first to pay	66781
the school the total per-pupil boarding amount for all enrolled	66782
students for that fiscal year. Any portion of the total per-pupil	66783
boarding amount for all enrolled students remaining after the use	66784
of the federal funds shall be paid by the department to the school	66785
from state funds appropriated to the department.	66786

(3) If any federal funds are used for the purpose prescribed	66787
in division (D)(1) or (2) of this section, the department shall	66788
comply with all requirements upon which the acceptance of the	66789
federal funds is conditioned, including any requirements set forth	66790
in the funding application submitted by the operator or the	66791
department and, to the extent sufficient funds are appropriated by	66792
the general assembly, any requirements regarding maintenance of	66793
effort in expenditures.	66794

Sec. 3328.35. To the extent permitted by federal law, the	66795
department of education shall include college-preparatory boarding	66796
schools established under this chapter in its annual allocation of	66797
federal moneys under Title I of the "Elementary and Secondary	66798
Education Act of 1965," 20 U.S.C. 6301, et seq. The department may	66799
apply for any other federal moneys that may be used to support the	66800
operations of college-preparatory boarding schools established	66801
under this chapter.	66802

Sec. 3328.36. A college-preparatory boarding school	66803
established under this chapter shall be considered a school	66804
district and its board of trustees, on behalf of the school's	66805
operator, shall be considered a board of education for the purpose	66806
of applying to any state or federal agency for grants that a	66807
school district or public school may receive under federal or	66808
state law or any appropriations act of the general assembly. The	66809
college-preparatory boarding school and its operator may apply to	66810
any private entity to receive and accept funds.	66811

Sec. 3328.41. Each participating school district shall be	66812
responsible for providing transportation on a weekly basis for	66813
each student enrolled in a college-preparatory boarding school	66814
established under this chapter who is entitled to attend school in	66815
the district to and from that college-preparatory boarding school.	66816

Sec. 3328.45. (A) If the state board of education determines	66817
that a college-preparatory boarding school established under this	66818
chapter is not in compliance with any provision of this chapter or	66819
the terms of the contract entered into under section 3328.12 of	66820
the Revised Code, or that the school has failed to meet the	66821
academic goals or performance standards specified in that	66822
contract, the state board may initiate the termination procedures	66823
specified in the contract. No termination shall take effect prior	66824
to the end of a school year. Upon the effective date of a	66825
termination, the school shall close.	66826

(B) If a college-preparatory boarding school is required to	66827
close under division (A) of this section or closes for any other	66828
reason, the school's board of trustees shall execute the closing	66829
as provided in the contract under section 3328.12 of the Revised	66830
Code.	66831

Sec. 3328.50. The state board of education shall adopt rules	66832
in accordance with Chapter 119. of the Revised Code prescribing	66833
procedures necessary for the implementation of this chapter.	66834

Sec. 3328.99. (A) Whoever violates division (F) of section	66835
3328.19 of the Revised Code shall be punished as follows:	66836

(1) Except as otherwise provided in division (A)(2) of this	66837
section, the person is guilty of a misdemeanor of the fourth	66838
degree.	66839

(2) The person is guilty of a misdemeanor of the first degree	66840
if both of the following conditions apply:	66841

(a) The employee who is the subject of the report that the	66842
person fails to submit was required to be reported for the	66843
commission or alleged commission of an act or offense involving	66844
the infliction on a child of any physical or mental wound, injury,	66845
disability, or condition of a nature that constitutes abuse or	66846
neglect of the child.	66847

(b) During the period between the violation of division (F)	66848
of section 3328.19 of the Revised Code and the conviction of or	66849
plea of guilty by the person for that violation, the employee who	66850
is the subject of the report that the person fails to submit	66851
inflicts on any child attending a school district, educational	66852
service center, public or nonpublic school, or county board of	66853
developmental disabilities where the employee works any physical	66854
or mental wound, injury, disability, or condition of a nature that	66855
constitutes abuse or neglect of the child.	66856

(B) Whoever violates division (B) of section 3328.193 of the	66857
Revised Code is guilty of a misdemeanor of the first degree.	66858

Sec. 3329.08. At any regular meeting, the board of education	66859
of each local ~~school district, from lists adopted by the~~	66860
~~educational service center governing board, and the board of~~	66861
~~education of each~~, city, and exempted village school district	66862
shall determine by a majority vote of all members elected or	66863
appointed under division (B) or (F) of section 3311.71 of the	66864
Revised Code which of such textbooks or electronic textbooks so	66865
filed shall be used in the schools under its control.	66866

Sec. 3331.01. (A) As used in this chapter:

66867

(1) "Superintendent" or "superintendent of schools" of a	66868
school district means the person employed as the superintendent or	66869
that person's designee. ~~In the case of a local school district,~~	66870
~~such designee may be the superintendent of the educational service~~	66871
~~center to which the school district belongs.~~	66872

(2) "Chief administrative officer" means the chief	66873
administrative officer of a nonpublic or community school or that	66874
person's designee.	66875

(B)(1) Except as provided in division (B)(2) of this section,	66876
an age and schooling certificate may be issued only by the	66877
superintendent of the city, local, joint vocational, or exempted	66878
village school district in which the child in whose name such	66879
certificate is issued resides or by the chief administrative	66880
officer of the nonpublic or community school the child attends,	66881
and only upon satisfactory proof that the child to whom the	66882
certificate is issued is at least fourteen years of age.	66883

(2) A child who resides in this state shall apply for an age	66884
and schooling certificate to the superintendent of the school	66885
district in which the child resides, or to the chief	66886
administrative officer of the school that the child attends.	66887
Residents of other states who work in Ohio shall apply to the	66888
superintendent of the school district in which the place of	66889
employment is located, as a condition of employment or service.	66890

(C) Any such age and schooling certificate may be issued only	66891
upon satisfactory proof that the employment contemplated by the	66892
child is not prohibited by any law regulating the employment of	66893
such children. Section 4113.08 of the Revised Code does not apply	66894
to such employer in respect to such child while engaged in an	66895
employment legal for a child of the age stated therein.	66896

(D) Age and schooling certificate forms shall be approved by	66897
the state board of education, including forms submitted	66898
electronically. Forms shall not display the social security number	66899
of the child. Except as otherwise provided in this section, every	66900
application for an age and schooling certificate must be signed in	66901
the presence of the officer issuing it by the child in whose name	66902
it is issued.	66903

(E) A child shall furnish the superintendent or chief	66904
administrative officer all information required by this chapter in	66905
support of the issuance of a certificate.	66906

(F) On and after September 1, 2002, each superintendent and	66907
chief administrative officer who issues an age and schooling	66908
certificate shall file electronically the certificate with the	66909
director of commerce in accordance with rules adopted by the	66910
director of administrative services pursuant to section 1306.21 of	66911
the Revised Code. On and after September 1, 2002, only	66912
electronically filed certificates are valid to satisfy the	66913
requirements of Chapter 4109. of the Revised Code.	66914

Sec. 3333.03. (A) The governor, with the advice and consent	66915
of the senate, shall appoint the chancellor of the Ohio board of	66916
regents. ~~The governor may remove the chancellor in accordance with~~	66917
~~section 3.04 of the Revised Code, except that the removal shall~~	66918
~~not require the advice and consent of the senate.~~ The chancellor	66919
shall serve at the pleasure of the governor, and the governor	66920
shall prescribe the chancellor's duties in addition to the	66921
chancellor's duties prescribed by law. ~~In no case shall the~~	66922
~~chancellor assume any duties prescribed by the governor or law~~	66923
~~until the senate has consented to the chancellor's appointment.~~	66924
The governor shall fix the compensation for the chancellor. The	66925
chancellor shall be a member of the governor's cabinet.	66926

(B) ~~The term of office of the chancellor shall be five years.~~	66927
~~Any person appointed chancellor to fill a vacancy occurring prior~~	66928
~~to the expiration of the term for which the predecessor was~~	66929
~~appointed shall hold office for the remainder of that term. Any~~	66930
~~vacancy in the office shall be filled within sixty days after the~~	66931
~~vacancy occurs. Each chancellor shall continue in office~~	66932
~~subsequent to the expiration date of the term for which the~~	66933
~~chancellor was appointed until a successor takes office, or until~~	66934
~~a period of sixty days has elapsed, whichever occurs first. The~~	66935
~~chancellor may be reappointed.~~The term of the chancellor in	66936
office on the effective date of this amendment shall coincide with	66937
the term of that chancellor's appointing governor. Subsequent	66938
appointments to the office of chancellor shall be made pursuant to	66939
division (A) of this section.	66940

(C) The chancellor is responsible for appointing and fixing	66941
the compensation of all professional, administrative, and clerical	66942
employees and staff members necessary to assist in the performance	66943
of the chancellor's duties. All employees and staff shall serve at	66944
the chancellor's pleasure.	66945

(D) The chancellor shall be a person qualified by training	66946
and experience to understand the problems and needs of the state	66947
in the field of higher education and to devise programs, plans,	66948
and methods of solving the problems and meeting the needs.	66949

(E) Neither the chancellor nor any staff member or employee	66950
of the chancellor shall be a trustee, officer, or employee of any	66951
public or private college or university while serving as	66952
chancellor, staff member, or employee.	66953

Sec. 3333.043. (A) As used in this section:

66954

(1) "Institution of higher education" means the state	66955
universities listed in section 3345.011 of the Revised Code,	66956
municipal educational institutions established under Chapter 3349.	66957
of the Revised Code, community colleges established under Chapter	66958
3354. of the Revised Code, university branches established under	66959
Chapter 3355. of the Revised Code, technical colleges established	66960
under Chapter 3357. of the Revised Code, state community colleges	66961
established under Chapter 3358. of the Revised Code, any	66962
institution of higher education with a certificate of registration	66963
from the state board of career colleges and schools, and any	66964
institution for which the chancellor of the Ohio board of regents	66965
receives a notice pursuant to division (C) of this section.	66966

(2) "Community service" has the same meaning as in section	66967
3313.605 of the Revised Code.	66968

(B)(1) The board of trustees or other governing entity of	66969
each institution of higher education shall encourage and promote	66970
participation of students in community service through a program	66971
appropriate to the mission, student population, and environment of	66972
each institution. The program may include, but not be limited to,	66973
providing information about community service opportunities during	66974
student orientation or in student publications; providing awards	66975
for exemplary community service; encouraging faculty members to	66976
incorporate community service into students' academic experiences	66977
wherever appropriate to the curriculum; encouraging recognized	66978
student organizations to undertake community service projects as	66979
part of their purposes; and establishing advisory committees of	66980
students, faculty members, and community and business leaders to	66981
develop cooperative programs that benefit the community and	66982
enhance student experience. The program shall be flexible in	66983
design so as to permit participation by the greatest possible	66984
number of students, including part-time students and students for	66985
whom participation may be difficult due to financial, academic,	66986
personal, or other considerations. The program shall emphasize	66987
community service opportunities that can most effectively use the	66988
skills of students, such as tutoring or literacy programs. The	66989
programs shall encourage students to perform services that will	66990
not supplant the hiring of, result in the displacement of, or	66991
impair any existing employment contracts of any particular	66992
employee of any private or governmental entity for which services	66993
are performed.	66994

(2) The chancellor of the Ohio board of regents shall	66995
encourage all institutions of higher education in the development	66996
of community service programs. With the assistance of the Ohio	66997
~~community~~commission on service ~~council~~and volunteerism created	66998
in section 121.40 of the Revised Code, the chancellor shall make	66999
available information about higher education community service	67000
programs to institutions of higher education and to statewide	67001
organizations involved with or promoting volunteerism, including	67002
information about model community service programs, teacher	67003
training courses, and community service curricula and teaching	67004
materials for possible use by institutions of higher education in	67005
their programs. The chancellor shall encourage institutions of	67006
higher education to jointly coordinate higher education community	67007
service programs through consortia of institutions or other	67008
appropriate means of coordination.	67009

(C) The board of trustees of any nonprofit institution with a	67010
certificate of authorization issued pursuant to Chapter 1713. of	67011
the Revised Code or the governing authority of a private	67012
institution exempt from regulation under Chapter 3332. of the	67013
Revised Code as prescribed in section 3333.046 of the Revised Code	67014
may notify the chancellor that it is making itself subject to	67015
divisions (A) and (B) of this section. Upon receipt of such a	67016
notice, these divisions shall apply to that institution.	67017

Sec. 3333.0411. Not later than December 31, 2012, and	67018
annually thereafter, the chancellor of the Ohio board of regents	67019
shall report aggregate academic growth data for students assigned	67020
to graduates of teacher preparation programs approved under	67021
section 3333.048 of the Revised Code who teach English language	67022
arts or mathematics in any of grades four to eight in a public	67023
school in Ohio. For this purpose, the chancellor shall use the	67024
value-added progress dimension prescribed by section 3302.021 of	67025
the Revised Code. The chancellor shall aggregate the data by	67026
graduating class for each approved teacher preparation program,	67027
except that if a particular class has ten or fewer graduates to	67028
which this section applies, the chancellor shall report the data	67029
for a group of classes over a three-year period. In no case shall	67030
the report identify any individual graduate. The department of	67031
education shall share any data necessary for the report with the	67032
chancellor.	67033

Sec. 3333.31. (A) For state subsidy and tuition surcharge	67034
purposes, status as a resident of Ohio shall be defined by the	67035
chancellor of the Ohio board of regents by rule promulgated	67036
pursuant to Chapter 119. of the Revised Code. No adjudication as	67037
to the status of any person under such rule, however, shall be	67038
required to be made pursuant to Chapter 119. of the Revised Code.	67039
The term "resident" for these purposes shall not be equated with	67040
the definition of that term as it is employed elsewhere under the	67041
laws of this state and other states, and shall not carry with it	67042
any of the legal connotations appurtenant thereto. Rather, except	67043
as provided in ~~division~~divisions (B) and (D) of this section, for	67044
such purposes, the rule promulgated under this section shall have	67045
the objective of excluding from treatment as residents those who	67046
are present in the state primarily for the purpose of attending a	67047
state-supported or state-assisted institution of higher education,	67048
and may prescribe presumptive rules, rebuttable or conclusive, as	67049
to such purpose based upon the source or sources of support of the	67050
student, residence prior to first enrollment, evidence of	67051
intention to remain in the state after completion of studies, or	67052
such other factors as the chancellor deems relevant.	67053

(B) The rules of the chancellor for determining student	67054
residency shall grant residency status to a veteran and to the	67055
veteran's spouse and any dependent of the veteran, if both of the	67056
following conditions are met:	67057

(1) The veteran either:

67058

(a) Served one or more years on active military duty and was	67059
honorably discharged or received a medical discharge that was	67060
related to the military service;	67061

(b) Was killed while serving on active military duty or has	67062
been declared to be missing in action or a prisoner of war.	67063

(2) If the veteran seeks residency status for tuition	67064
surcharge purposes, the veteran has established domicile in this	67065
state as of the first day of a term of enrollment in an	67066
institution of higher education. If the spouse or a dependent of	67067
the veteran seeks residency status for tuition surcharge purposes,	67068
the veteran and the spouse or dependent seeking residency status	67069
have established domicile in this state as of the first day of a	67070
term of enrollment in an institution of higher education, except	67071
that if the veteran was killed while serving on active military	67072
duty or has been declared to be missing in action or a prisoner of	67073
war, only the spouse or dependent seeking residency status shall	67074
be required to have established domicile in accordance with this	67075
division.	67076

(C) The rules of the chancellor for determining student	67077
residency shall not deny residency status to a student who is	67078
either a dependent child of a parent, or the spouse of a person	67079
who, as of the first day of a term of enrollment in an institution	67080
of higher education, has accepted full-time employment and	67081
established domicile in this state for reasons other than gaining	67082
the benefit of favorable tuition rates.	67083

Documentation of full-time employment and domicile shall	67084
include both of the following documents:	67085

(1) A sworn statement from the employer or the employer's	67086
representative on the letterhead of the employer or the employer's	67087
representative certifying that the parent or spouse of the student	67088
is employed full-time in Ohio;	67089

(2) A copy of the lease under which the parent or spouse is	67090
the lessee and occupant of rented residential property in the	67091
state, a copy of the closing statement on residential real	67092
property of which the parent or spouse is the owner and occupant	67093
in this state or, if the parent or spouse is not the lessee or	67094
owner of the residence in which the parent or spouse has	67095
established domicile, a letter from the owner of the residence	67096
certifying that the parent or spouse resides at that residence.	67097

Residency officers may also evaluate, in accordance with the	67098
chancellor's rule, requests for immediate residency status from	67099
dependent students whose parents are not living and whose domicile	67100
follows that of a legal guardian who has accepted full-time	67101
employment and established domicile in the state for reasons other	67102
than gaining the benefit of favorable tuition rates.	67103

(D) The rules of the chancellor for determining student	67104
residency shall grant residency status to a person who, while a	67105
resident of this state for state subsidy and tuition surcharge	67106
purposes, graduated from a high school in this state, if the	67107
person enrolls in an institution of higher education and	67108
establishes domicile in this state within ten years after	67109
graduating from high school, regardless of the student's residence	67110
prior to that enrollment.	67111

(E) "Dependent," "domicile," "institution of higher	67112
education," and "residency officer" have the meanings ascribed in	67113
the chancellor's rules adopted under this section.	67114

Sec. 3333.38. (A) As used in this section:

67115

(1) "Institution of higher education" includes all of the	67116
following:	67117

(a) A state institution of higher education, as defined in	67118
section 3345.011 of the Revised Code;	67119

(b) A nonprofit institution issued a certificate of	67120
authorization under Chapter 1713. of the Revised Code;	67121

(c) A private institution exempt from regulation under	67122
Chapter 3332. of the Revised Code, as prescribed in section	67123
3333.046 of the Revised Code;	67124

(d) An institution of higher education with a certificate of	67125
registration from the state board of career colleges and schools	67126
under Chapter 3332. of the Revised Code.	67127

(2) "Student financial assistance supported by state funds"	67128
includes assistance granted under sections 3315.33, 3333.12,	67129
3333.122, 3333.21, 3333.26, 3333.28, 3333.372, 3333.391, 3333.93,	67130
5910.03, 5910.032, and 5919.34 of the Revised Code, financed by an	67131
award under the choose Ohio first scholarship program established	67132
under section 3333.61 of the Revised Code, or financed by an award	67133
under the Ohio co-op/internship program established under section	67134
3333.72 of the Revised Code, and any other post-secondary student	67135
financial assistance supported by state funds.	67136

(B) An individual who is convicted of, pleads guilty to, or	67137
is adjudicated a delinquent child for one of the following	67138
violations shall be ineligible to receive any student financial	67139
assistance supported by state funds at an institution of higher	67140
education for two calendar years from the time the individual	67141
applies for assistance of that nature:	67142

(1) A violation of section 2917.02 or 2917.03 of the Revised	67143
Code;	67144

(2) A violation of section 2917.04 of the Revised Code that	67145
is a misdemeanor of the fourth degree;	67146

(3) A violation of section 2917.13 of the Revised Code that	67147
is a misdemeanor of the fourth or first degree and occurs within	67148
the proximate area where four or more others are acting in a	67149
course of conduct in violation of section 2917.11 of the Revised	67150
Code.	67151

(C) If an individual is convicted of, pleads guilty to, or is	67152
adjudicated a delinquent child for committing a violation of	67153
section 2917.02 or 2917.03 of the Revised Code, and if the	67154
individual is enrolled in a state-supported institution of higher	67155
education, the institution in which the individual is enrolled	67156
shall immediately dismiss the individual. No state-supported	67157
institution of higher education shall admit an individual of that	67158
nature for one academic year after the individual applies for	67159
admission to a state-supported institution of higher education.	67160
This division does not limit or affect the ability of a	67161
state-supported institution of higher education to suspend or	67162
otherwise discipline its students.	67163

Sec. 3333.43. This section does not apply to any	67164
baccalaureate degree program that is a cooperative education	67165
program, as defined in section 3333.71 of the Revised Code.	67166

(A) The chancellor of the Ohio board of regents shall require	67167
all state institutions of higher education that offer	67168
baccalaureate degrees, as a condition of reauthorization for	67169
certification of each baccalaureate program offered by the	67170
institution, to submit a statement describing how each major for	67171
which the school offers a baccalaureate degree may be completed	67172
within three academic years. The chronology of the statement shall	67173
begin with the fall semester of a student's first year of the	67174
baccalaureate program.	67175

(B) The statement required under this section may include,	67176
but not be limited to, any of the following methods to contribute	67177
to earning a baccalaureate degree in three years:	67178

(1) Advanced placement credit;

67179

(2) International baccalaureate program credit;

67180

(3) A waiver of degree and credit-hour requirements by	67181
completion of courses that are widely available at community	67182
colleges in the state or through online programs offered by state	67183
institutions of higher education or private nonprofit institutions	67184
of higher education holding certificates of authorization under	67185
Chapter 1713. of the Revised Code, and through courses taken by	67186
the student through the post-secondary enrollment options program	67187
under Chapter 3365. of the Revised Code;	67188

(4) Completion of coursework during summer sessions;

67189

(5) A waiver of foreign-language degree requirements based on	67190
a proficiency examination specified by the institution.	67191

(C)(1) Not later than October 15, 2012, each state	67192
institution of higher education shall provide statements required	67193
under this section for ten per cent of all baccalaureate degree	67194
programs offered by the institution.	67195

(2) Not later than June 30, 2014, each state institution of	67196
higher education shall provide statements required under this	67197
section for sixty per cent of all baccalaureate degree programs	67198
offered by the institution.	67199

(D) Each state institution of higher education required to	67200
submit statements under this section shall post its three-year	67201
option on its web site and also provide that information to the	67202
department of education. The department shall distribute that	67203
information to the superintendent, high school principal, and	67204
guidance counselor, or equivalents, of each school district,	67205
community school established under Chapter 3314. of the Revised	67206
Code, and STEM school established under Chapter 3326. of the	67207
Revised Code.	67208

(E) Nothing in this section requires an institution to take	67209
any action that would violate the requirements of any independent	67210
association accrediting baccalaureate degree programs.	67211

Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of	67212
this section, in each academic year, no student who receives a	67213
choose Ohio first scholarship shall receive less than one thousand	67214
five hundred dollars or more than one-half of the highest in-state	67215
undergraduate instructional and general fees charged by all state	67216
universities. For this purpose, if Miami university is	67217
implementing the pilot tuition restructuring plan originally	67218
recognized in Am. Sub. H.B. 95 of the 125th general assembly, that	67219
university's instructional and general fees shall be considered to	67220
be the average full-time in-state undergraduate instructional and	67221
general fee amount after taking into account the Ohio resident and	67222
Ohio leader scholarships and any other credit provided to all Ohio	67223
residents.	67224

(2) The chancellor of the Ohio board of regents may authorize	67225
a state university or college or a nonpublic Ohio institution of	67226
higher education to award a choose Ohio first scholarship in an	67227
amount greater than one-half of the highest in-state undergraduate	67228
instructional and general fees charged by all state universities	67229
to either of the following:	67230

(a) Any undergraduate student who qualifies for a scholarship	67231
and is enrolled in a program leading to a teaching profession in	67232
science, technology, engineering, mathematics, or medicine;	67233

(b) Any graduate student who qualifies for a scholarship, if	67234
any initiatives are selected for award under division (B) of this	67235
section.	67236

(B) The chancellor shall encourage state universities and	67237
colleges, alone or in collaboration with other state institutions	67238
of higher education, nonpublic Ohio universities and colleges, or	67239
other public or private Ohio entities, to submit proposals under	67240
the choose Ohio first scholarship program for initiatives that	67241
recruit either of the following:	67242

(1) Ohio residents who enrolled in colleges and universities	67243
in other states or other countries to return to Ohio and enroll in	67244
state universities or colleges as graduate students in the fields	67245
of science, technology, engineering, mathematics, and medicine, or	67246
in the fields of science, technology, engineering, mathematics, or	67247
medical education. If such proposals are submitted and meet the	67248
chancellor's competitive criteria for awards, the chancellor,	67249
subject to approval by the controlling board, shall give at least	67250
one of the proposals preference for an award.	67251

(2) Graduates, or undergraduates who will graduate in time to	67252
participate in the program described in this division by the	67253
subsequent school year, from an Ohio college or university who	67254
received, or will receive, a degree in science, technology,	67255
engineering, mathematics, or medicine to participate in a	67256
graduate-level teacher education masters program in one of those	67257
fields that requires the student to establish a domicile in the	67258
state and to commit to teach for a minimum of three years in a	67259
hard-to-staff school district in the state upon completion of the	67260
master's degree program. The chancellor may require a college or	67261
university to give priority to qualified candidates who graduated	67262
from a high school in this state.	67263

"Hard-to-staff" shall be as defined by the department of	67264
education.	67265

(C) The general assembly intends that money appropriated for	67266
the choose Ohio first scholarship program in each fiscal year be	67267
used for scholarships in the following academic year.	67268

Sec. 3333.81. As used in sections 3333.81 to 3333.88 of the	67269
Revised Code:	67270

(A) "Clearinghouse" means the clearinghouse established under	67271
section 3333.82 of the Revised Code.	67272

(B) "Community school" means a community school established	67273
under Chapter 3314. of the Revised Code.	67274

(C) "Common statewide platform" means a software program that	67275
facilitates the delivery of courses via computers from multiple	67276
course providers to multiple end users, tracks the progress of the	67277
end user, and includes an integrated searchable database of	67278
standards-based course content.	67279

(D) "Course provider" means a school district, community	67280
school, STEM school, state institution of higher education,	67281
private college or university, or nonprofit or for-profit private	67282
entity that creates or is an agent of the creator of original	67283
course content for a course offered through the clearinghouse.	67284

(E) "Instructor" means an individual who holds a license	67285
issued by the state board of education, as defined in section	67286
3319.31 of the Revised Code, or an individual employed as an	67287
instructor or professor by a state institution of higher education	67288
or a private college or university.	67289

(F) "State institution of higher education" has the same	67290
meaning as in section 3345.011 of the Revised Code.	67291

(G) "STEM school" means a science, technology, engineering,	67292
and mathematics school established under Chapter 3326. of the	67293
Revised Code.	67294

(H) A "student's community school" means the community school	67295
in which the student is enrolled instead of being enrolled in a	67296
school operated by a school district.	67297

(I) A "student's school district" means the school district	67298
operating the school in which the student is lawfully enrolled.	67299

(J) "A student's STEM school" means the STEM school in which	67300
the student is enrolled instead of being enrolled in a school	67301
operated by a school district.	67302

(K) "School district" means a city, exempted village, local,	67303
or joint vocational school district.	67304

Sec. 3333.82. (A) The chancellor of the Ohio board of	67305
regents shall establish a clearinghouse of interactive distance	67306
learning courses and other distance learning courses delivered via	67307
a computer-based method offered by school districts, community	67308
schools, STEM schools, state institutions of higher education,	67309
private colleges and universities, and other nonprofit and	67310
for-profit course providers for sharing with other school	67311
districts, community schools, STEM schools, state institutions of	67312
higher education, private colleges and universities, and	67313
individuals for the fee set pursuant to section 3333.84 of the	67314
Revised Code. The chancellor shall not be responsible for the	67315
content of courses offered through the clearinghouse; however, all	67316
such courses shall be delivered only in accordance with technical	67317
specifications approved by the chancellor and on a common	67318
statewide platform administered by the chancellor.	67319

The clearinghouse's distance learning program for students in	67320
grades kindergarten to twelve shall be based on the following	67321
principles:	67322

(1) All Ohio students shall have access to high quality	67323
distance learning courses at any point in their educational	67324
careers.	67325

(2) All students shall be able to customize their education	67326
using distance learning courses offered through the clearinghouse	67327
and no student shall be denied access to any course in the	67328
clearinghouse in which the student is eligible to enroll.	67329

(3) Students may take distance learning courses for all or	67330
any portion of their curriculum requirements and may utilize a	67331
combination of distance learning courses and courses taught in a	67332
traditional classroom setting.	67333

(4) Students may earn an unlimited number of academic credits	67334
through distance learning courses.	67335

(5) Students may take distance learning courses at any time	67336
of the calendar year.	67337

(6) Student advancement to higher coursework shall be based	67338
on a demonstration of subject area competency instead of	67339
completion of any particular number of hours of instruction.	67340

(B) To offer a course through the clearinghouse, a course	67341
provider shall apply to the chancellor in a form and manner	67342
prescribed by the chancellor. The application for each course	67343
shall describe the course of study in as much detail as required	67344
by the chancellor, whether an instructor is provided, the	67345
qualification and credentials of the instructor, the number of	67346
hours of instruction, and any other information required by the	67347
chancellor. The chancellor may require course providers to include	67348
in their applications information recommended by the state board	67349
of education under former section 3353.30 of the Revised Code.	67350

(C) The chancellor shall review the technical specifications	67351
of each application submitted under division (B) of this section.	67352
In reviewing applications, the chancellor may consult with the	67353
department of education; however, the responsibility to either	67354
approve or not approve a course for the clearinghouse belongs to	67355
the chancellor. The chancellor may request additional information	67356
from a course provider that submits an application under division	67357
(B) of this section, if the chancellor determines that such	67358
information is necessary. The chancellor may negotiate changes in	67359
the proposal to offer a course, if the chancellor determines that	67360
changes are necessary in order to approve the course.	67361

(D) The chancellor shall catalog each course approved for the	67362
clearinghouse, through a print or electronic medium, displaying	67363
the following:	67364

(1) Information necessary for a student and the student's	67365
parent, guardian, or custodian and the student's school district,	67366
community school, STEM school, college, or university to decide	67367
whether to enroll in or subscribe to the course;	67368

(2) Instructions for enrolling in that course, including	67369
deadlines for enrollment.	67370

(E) Any expenses related to the installation of a course into	67371
the common statewide platform shall be borne by the course	67372
provider.	67373

(F) ~~The chancellor may contract with an entity to perform any~~	67374
~~or all of the chancellor's duties under sections 3333.81 to~~	67375
~~3333.88 of the Revised Code.~~The eTech Ohio commission, in	67376
consultation with the chancellor and the state board, shall	67377
distribute information to students and parents describing the	67378
clearinghouse. The information shall be provided in an easily	67379
understandable format.	67380

Sec. 3333.83. (A) ~~A student who is enrolled in a school~~	67381
~~operated by a school district or in a community school or STEM~~	67382
~~school may enroll in a course through the clearinghouse only if~~	67383
~~both of the following conditions are satisfied:~~	67384

~~(1) The student's enrollment in the course is approved by the~~	67385
~~student's school district, community school, or STEM school.~~	67386

~~(2) The student's school district, community school, or STEM~~	67387
~~school agrees to accept for credit the grade assigned by the~~	67388
~~course provider, if that provider is another school district,~~	67389
~~community school, or STEM school~~Each school district, community	67390
school, and STEM school shall encourage students to take advantage	67391
of the distance learning opportunities offered through the	67392
clearinghouse and shall assist any student electing to participate	67393
in the clearinghouse with the selection and scheduling of courses	67394
that satisfy the district's or school's curriculum requirements	67395
and promote the student's post-secondary college or career plans.	67396

(B) For each student enrolled in a school operated by a	67397
school district or in a community school or STEM school who is	67398
enrolling in a course provided through the clearinghouse by	67399
another school district, community school, or STEM school, the	67400
student's school district, community school, or STEM school shall	67401
transmit the student's name to the course provider.	67402

The course provider may request from the student's school	67403
district, community school, or STEM school other information from	67404
the student's school record. The district or school shall provide	67405
the requested information only in accordance with section 3319.321	67406
of the Revised Code.	67407

(C) The student's school district, community school, or STEM	67408
school shall determine the manner in which and facilities at which	67409
the student shall participate in the course consistent with	67410
specifications for technology and connectivity adopted by the	67411
chancellor of the Ohio board of regents.	67412

(D) A student may withdraw from a course prior to the end of	67413
the course only by a date and in a manner prescribed by the	67414
student's school district, community school, or STEM school.	67415

(E) A student who is enrolled in a school operated by a	67416
school district or in a community school or STEM school and who	67417
takes a course through the clearinghouse shall be counted in the	67418
formula ADM of a school district under section 3317.03 of the	67419
Revised Code as if the student were taking the course from the	67420
student's school district, community school, or STEM school.	67421

Sec. 3333.84. (A) The fee charged for any course offered	67422
through the clearinghouse shall be set by the course provider.	67423

(B) The chancellor of the Ohio board of regents shall	67424
prescribe the manner in which the fee for a course shall be	67425
collected or deducted from the school district, school, college or	67426
university, or individual subscribing to the course and in which	67427
manner the fee shall be paid to the course provider.	67428

(C) The chancellor may retain a percentage of the fee charged	67429
for a course to offset the cost of maintaining and operating the	67430
clearinghouse, including the payment of compensation for an entity	67431
or a private entity that is under contract with the chancellor	67432
under division (F) of section 3333.82 of the Revised Code. The	67433
percentage retained shall be determined by the chancellor.	67434

(D) Nothing in this section shall be construed to require the	67435
school district, community school, or STEM school in which a	67436
student is enrolled to pay the fee charged for a course taken by	67437
the student.	67438

Sec. 3333.85. (A) The grade for a student enrolled in a	67439
school operated by a school district or in a community school or	67440
STEM school for a course provided through the clearinghouse by	67441
another school district, community school, or STEM school shall be	67442
assigned by the course provider and shall be transmitted to the	67443
student's school district, community school, or STEM school.	67444

(B) The district or school enrolling the student shall award	67445
the student credit for successful completion of the course. The	67446
credit awarded shall be equivalent to any credit that would be	67447
granted for successful completion of a similar course offered by	67448
the district or school.	67449

(C) No district or school shall prohibit or otherwise limit	67450
any student's access to or participation in courses offered	67451
through the clearinghouse, or refuse to recognize such courses as	67452
fulfilling curriculum requirements, including the requirements for	67453
a high school diploma under section 3313.603 of the Revised Code.	67454

Sec. 3333.87. The chancellor of the Ohio board of regents	67455
and the state board of education jointly, and in consultation with	67456
the director of the governor's office of 21st century education,	67457
shall adopt rules in accordance with Chapter 119. of the Revised	67458
Code prescribing procedures for the implementation of sections	67459
3333.81 to 3333.86 of the Revised Code.	67460

Sec. 3333.90. (A) As used in this section:

67461

(1) "Allocated state share of instruction" means, for any	67462
fiscal year, the amount of the state share of instruction	67463
appropriated to the Ohio board of regents by the general assembly	67464
that is allocated to a community or technical college or community	67465
or technical college district for such fiscal year.	67466

(2) "~~Authority~~Issuing authority" ~~means the Ohio building~~	67467
~~authority~~has the same meaning as in section 154.01 of the Revised	67468
Code.	67469

(3) "Bond service charges" has the same meaning as in section	67470
~~152.09~~154.01 of the Revised Code.	67471

(4) "Chancellor" means the chancellor of the Ohio board of	67472
regents.	67473

(5) "Community or technical college" or "college" means any	67474
of the following state-supported or state-assisted institutions of	67475
higher education:	67476

(a) A community college as defined in section 3354.01 of the	67477
Revised Code;	67478

(b) A technical college as defined in section 3357.01 of the	67479
Revised Code;	67480

(c) A state community college as defined in section 3358.01	67481
of the Revised Code.	67482

(6) "Community or technical college district" or "district"	67483
means any of the following institutions of higher education that	67484
are state-supported or state-assisted:	67485

(a) A community college district as defined in section	67486
3354.01 of the Revised Code;	67487

(b) A technical college district as defined in section	67488
3357.01 of the Revised Code;	67489

(c) A state community college district as defined in section	67490
3358.01 of the Revised Code.	67491

(7) "Credit enhancement facilities" has the same meaning as	67492
in section 133.01 of the Revised Code.	67493

(8) "Obligations" has the meaning as in section ~~152.09~~154.01	67494
or 3345.12 of the Revised Code, as the context requires.	67495

(B) The board of trustees of any community or technical	67496
college district authorizing the issuance of obligations under	67497
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the	67498
Revised Code, or for whose benefit and on whose behalf the issuing	67499
authority proposes to issue obligations under ~~division (G) of~~	67500
section ~~152.09~~154.25 of the Revised Code, may adopt a resolution	67501
requesting the chancellor to enter into an agreement with the	67502
community or technical college district and the primary paying	67503
agent or fiscal agent for such obligations, providing for the	67504
withholding and deposit of funds otherwise due the district or the	67505
community or technical college it operates in respect of its	67506
allocated state share of instruction, for the payment of bond	67507
service charges on such obligations.	67508

The board of trustees shall deliver to the chancellor a copy	67509
of the resolution and any additional pertinent information the	67510
chancellor may require.	67511

The chancellor and the office of budget and management, and	67512
the issuing authority in the case of obligations to be issued by	67513
the issuing authority, shall evaluate each request received from a	67514
community or technical college district under this section. The	67515
chancellor, with the advice and consent of the director of budget	67516
and management and the issuing authority in the case of	67517
obligations to be issued by the issuing authority, shall approve	67518
each request if all of the following conditions are met:	67519

(1) Approval of the request will enhance the marketability of	67520
the obligations for which the request is made;	67521

(2) The chancellor and the office of budget and management,	67522
and the issuing authority in the case of obligations to be issued	67523
by the issuing authority, have no reason to believe the requesting	67524
community or technical college district or the community or	67525
technical college it operates will be unable to pay when due the	67526
bond service charges on the obligations for which the request is	67527
made, and bond service charges on those obligations are therefore	67528
not anticipated to be paid pursuant to this section from the	67529
allocated state share of instruction for purposes of Section 17 of	67530
Article VIII, Ohio Constitution.	67531

(3) Any other pertinent conditions established in rules	67532
adopted under division (H) of this section.	67533

(C) If the chancellor approves the request of a community or	67534
technical college district to withhold and deposit funds pursuant	67535
to this section, the chancellor shall enter into a written	67536
agreement with the district and the primary paying agent or fiscal	67537
agent for the obligations, which agreement shall provide for the	67538
withholding of funds pursuant to this section for the payment of	67539
bond service charges on those obligations. The agreement may also	67540
include both of the following:	67541

(1) Provisions for certification by the district to the	67542
chancellor, prior to the deadline for payment of the applicable	67543
bond service charges, whether the district and the community or	67544
technical college it operates are able to pay those bond service	67545
charges when due;	67546

(2) Requirements that the district or the community or	67547
technical college it operates deposits amounts for the payment of	67548
those bond service charges with the primary paying agent or fiscal	67549
agent for the obligations prior to the date on which the bond	67550
service charges are due to the owners or holders of the	67551
obligations.	67552

(D) Whenever a district or the community or technical college	67553
it operates notifies the chancellor that it will not be able to	67554
pay the bond service charges when they are due, subject to the	67555
withholding provisions of this section, or whenever the applicable	67556
paying agent or fiscal agent notifies the chancellor that it has	67557
not timely received from a district or from the college it	67558
operates the full amount needed for payment of the bond service	67559
charges when due to the holders or owners of such obligations, the	67560
chancellor shall immediately contact the district or college and	67561
the paying agent or fiscal agent to confirm that the district and	67562
the college are not able to make the required payment by the date	67563
on which it is due.	67564

If the chancellor confirms that the district and the college	67565
are not able to make the payment and the payment will not be made	67566
pursuant to a credit enhancement facility, the chancellor shall	67567
promptly pay to the applicable primary paying agent or fiscal	67568
agent the lesser of the amount due for bond service charges or the	67569
amount of the next periodic distribution scheduled to be made to	67570
the district or to the college in respect of its allocated state	67571
share of instruction. If this amount is insufficient to pay the	67572
total amount then due the agent for the payment of bond service	67573
charges, the chancellor shall continue to pay to the agent from	67574
each periodic distribution thereafter, and until the full amount	67575
due the agent for unpaid bond service charges is paid in full, the	67576
lesser of the remaining amount due the agent for bond service	67577
charges or the amount of the next periodic distribution scheduled	67578
to be made to the district or college in respect of its allocated	67579
state share of instruction.	67580

(E) The chancellor may make any payments under this section	67581
by direct deposit of funds by electronic transfer.	67582

Any amount received by a paying agent or fiscal agent under	67583
this section shall be applied only to the payment of bond service	67584
charges on the obligations of the community or technical college	67585
district or community or technical college subject to this section	67586
or to the reimbursement of the provider of a credit enhancement	67587
facility that has paid the bond service charges.	67588

(F) The chancellor may make payments under this section to	67589
paying agents or fiscal agents during any fiscal biennium of the	67590
state only from and to the extent that money is appropriated to	67591
the board of regents by the general assembly for distribution	67592
during such biennium for the state share of instruction and only	67593
to the extent that a portion of the state share of instruction has	67594
been allocated to the community or technical college district or	67595
community or technical college. Obligations of the issuing	67596
authority or of a community or technical college district to which	67597
this section is made applicable do not constitute an obligation or	67598
a debt or a pledge of the faith, credit, or taxing power of the	67599
state, and the holders or owners of those obligations have no	67600
right to have excises or taxes levied or appropriations made by	67601
the general assembly for the payment of bond service charges on	67602
the obligations, and the obligations shall contain a statement to	67603
that effect. The agreement for or the actual withholding and	67604
payment of money under this section does not constitute the	67605
assumption by the state of any debt of a community or technical	67606
college district or a community or technical college, and bond	67607
service charges on the related obligations are not anticipated to	67608
be paid from the state general revenue fund for purposes of	67609
Section 17 of Article VIII, Ohio Constitution.	67610

(G) In the case of obligations subject to the withholding	67611
provisions of this section, the issuing community or technical	67612
college district, or the issuing authority in the case of	67613
obligations issued by the issuing authority, shall appoint a	67614
paying agent or fiscal agent who is not an officer or employee of	67615
the district or college.	67616

(H) The chancellor, with the advice and consent of the office	67617
of budget and management, may adopt reasonable rules not	67618
inconsistent with this section for the implementation of this	67619
section to secure payment of bond service charges on obligations	67620
issued by a community or technical college district or by the	67621
issuing authority for the benefit of a community or technical	67622
college district or the community or technical college it	67623
operates. Those rules shall include criteria for the evaluation	67624
and approval or denial of community or technical college district	67625
requests for withholding under this section.	67626

(I) The authority granted by this section is in addition to	67627
and not a limitation on any other authorizations granted by or	67628
pursuant to law for the same or similar purposes.	67629

Sec. 3333.93. (A) The Ohio out-of-state tuition surcharge	67630
forgiveness program is hereby created. The chancellor of the Ohio	67631
board of regents shall defer payment of the out-of-state tuition	67632
surcharge for nonresident undergraduate and graduate students	67633
enrolled in a state institution of higher education who qualify	67634
for the program. In order to receive such a deferment, nonresident	67635
students must commit to living and working in the state for five	67636
years after receiving a degree from a state institution of higher	67637
education. For each year a deferment recipient lives and works in	67638
Ohio, a percentage of the total amount of out-of-state tuition	67639
owed by the recipient shall be forgiven until the end of the fifth	67640
year of employment and residency in the state after graduation, at	67641
which time the remaining amount owed shall be forgiven under	67642
division (C) of section 3333.94 of the Revised Code.	67643

(B) The chancellor shall adopt rules in accordance with	67644
Chapter 119. of the Revised Code to establish and administer the	67645
program. Such rules shall include, but not be limited to, all of	67646
the following:	67647

(1) Student eligibility to receive a deferment, and any	67648
academic requirements to continue receiving the deferment;	67649

(2) An application, selection, and award process for	67650
deferments;	67651

(3) A process for accounting for the amount of out-of-state	67652
tuition owed by the deferment recipient, calculated in conjunction	67653
with state institutions of higher education;	67654

(4) The maximum amount of out-of-state tuition surcharges a	67655
recipient may defer;	67656

(5) A procedure for recipients who transfer to other state	67657
institutions of higher education;	67658

(6) Conditions under which a deferment shall be canceled.

67659

The chancellor shall require that all applicants to the	67660
deferment program shall file a statement of selective service	67661
status in compliance with section 3345.32 of the Revised Code, if	67662
applicable, and that all applicants have not been convicted of,	67663
plead guilty to, or adjudicated a delinquent child for any	67664
violation listed in section 3333.38 of the Revised Code.	67665

(C)(1) Tuition surcharge deferment recipients shall reside	67666
and work in the state for not less than five years immediately	67667
subsequent to receiving a degree from a state institution of	67668
higher education.	67669

(2) If a student who receives a deferral under this section	67670
as an undergraduate enrolls in a graduate program at a state	67671
institution of higher education in the academic year subsequent to	67672
graduation, division (C)(1) of this section shall not apply until	67673
the student graduates from the graduate program in which that	67674
student is enrolled.	67675

(D) The board of trustees of any state institution of higher	67676
education may do either of the following:	67677

(1) Limit the number of nonresident students enrolled in that	67678
state institution who may participate in the program established	67679
in this section;	67680

(2) Establish eligibility standards for students enrolled in	67681
that state institution to qualify for and to continue	67682
participating in the program established under this section.	67683

Sec. 3333.94. (A) Each recipient who accepts an out-of-state	67684
tuition surcharge payment deferment under section 3333.93 of the	67685
Revised Code, or the recipient's parent if the recipient is	67686
younger than eighteen years of age, shall sign a promissory note	67687
payable to the state in the event the recipient does not satisfy	67688
the requirements of division (C) of section 3333.93 of the Revised	67689
Code or the deferment is terminated. The amount payable under the	67690
note shall be the amount of deferred total out-of-state tuition	67691
surcharge accrued by the recipient. The period of repayment under	67692
the note shall be determined by the chancellor of the Ohio board	67693
of regents. The note shall stipulate that the obligation to make	67694
payments under the note is canceled after the recipient has lived	67695
and worked in the state for five years after graduation in	67696
accordance with division (C) of section 3333.93 of the Revised	67697
Code, or if the recipient dies or becomes totally and permanently	67698
disabled.	67699

(B) Repayment of the principal amount of the deferred	67700
surcharge and interest accrued shall be deferred while the	67701
recipient is enrolled in a state institution of higher education,	67702
while the recipient is seeking employment to fulfill the	67703
employment obligation, for a period not to exceed six months, or	67704
while the recipient lives and works in the state.	67705

(C) During the five-year period following the recipient's	67706
graduation from a state institution of higher education, the	67707
chancellor shall deduct from the outstanding balance that may be	67708
converted to a loan an amount as follows at the end of each year	67709
the recipient lives and works in the state:	67710

(1) Ten per cent of the total amount deferred, at the end of	67711
the first year of employment and residence after graduation;	67712

(2) Twenty per cent of the total amount deferred, at the end	67713
of the second year of employment and residence;	67714

(3) Thirty per cent of the total amount deferred, at the end	67715
of the third year of employment and residence after graduation;	67716

(4) Fifty per cent of the total amount deferred, at the end	67717
of the fourth year of employment and residence after graduation;	67718

(5) One hundred per cent of the total amount deferred, at the	67719
end of the fifth year of employment and residence after	67720
graduation.	67721

(D) The chancellor may terminate the deferment in accordance	67722
with the rules adopted under section 3333.93 of the Revised Code,	67723
in which case the amount deferred shall be converted to a loan to	67724
be repaid under division (A) of this section.	67725

(E) Except as provided in division (B)(5) of section 3333.93	67726
of the Revised Code, the deferment shall be deemed terminated upon	67727
the recipient's withdrawal from school or the recipient's failure	67728
to meet the standards of the deferment, as determined by the	67729
chancellor or the state institution of higher education from which	67730
the recipient received a degree, and shall be converted to a loan	67731
to be repaid under division (A) of this section.	67732

(F) The chancellor and the attorney general shall collect	67733
payments on the converted loan in accordance with section 131.02	67734
of the Revised Code.	67735

Sec. 3334.19. (A) The Ohio tuition trust authority shall	67736
adopt an investment plan that sets forth investment policies and	67737
guidelines to be utilized in administering the variable college	67738
savings program and investment options offered by the authority.	67739
The investment options shall include a default option to benefit	67740
contributors who are first-time investors or have low to moderate	67741
incomes. Except as provided in section 3334.20 of the Revised	67742
Code, the authority shall contract with one or more insurance	67743
companies, banks, or other financial institutions to act as its	67744
investment agents and to provide such services as the authority	67745
considers appropriate to the investment plan, including:	67746

(1) Purchase, control, and safekeeping of assets;

67747

(2) Record keeping and accounting for individual accounts and	67748
for the program as a whole;	67749

(3) Provision of consolidated statements of account.

67750

(B) The authority or its investment agents shall maintain a	67751
separate account for the beneficiary of each contract entered into	67752
under the variable college savings program. If a beneficiary has	67753
more than one such account, the authority or its agents shall	67754
track total contributions and earnings and provide a consolidated	67755
system of account distributions to institutions of higher	67756
education.	67757

(C) The authority or its investment agents may place assets	67758
of the program in savings accounts and may purchase fixed or	67759
variable life insurance or annuity contracts, securities, evidence	67760
of indebtedness, or other investment products pursuant to the	67761
investment plan.	67762

(D) Contributors shall not direct the investment of their	67763
contributions under the investment plan. The authority shall	67764
impose other limits on contributors' investment discretion to the	67765
extent required under section 529 of the Internal Revenue Code.	67766

(E) The investment agents with which the authority contracts	67767
shall discharge their duties with respect to program funds with	67768
the care and diligence that a prudent person familiar with such	67769
matters and with the character and aims of the program would use.	67770

(F) The assets of the program shall be preserved, invested,	67771
and expended solely for the purposes of this chapter and shall not	67772
be loaned or otherwise transferred or used by the state for any	67773
other purpose. This section shall not be construed to prohibit the	67774
investment agents of the authority from investing, by purchase or	67775
otherwise, in bonds, notes, or other obligations of the state or	67776
any agency or instrumentality of the state. Unless otherwise	67777
specified by the authority, assets of the program shall be	67778
expended in the following order of priority:	67779

(1) To make payments on behalf of beneficiaries;

67780

(2) To make refunds upon termination of variable college	67781
savings program contracts;	67782

(3) To pay the authority's costs of administering the	67783
program;	67784

(4) To pay or cover any other expenditure or disbursement the	67785
authority determines necessary or appropriate.	67786

(G) Fees, charges, and other costs imposed or collected by	67787
the authority in connection with the variable college savings	67788
program, including any fees or other payments that the authority	67789
requires an investment agent to pay to the authority, shall be	67790
credited to either the variable operating fund or the index	67791
operating fund at the discretion of the authority. These funds are	67792
hereby created in the state treasury. Expenses incurred in the	67793
administration of the variable college savings program, as well as	67794
other expenses, disbursements, or payments the authority considers	67795
appropriate for the benefit of any college savings programs	67796
administered by the authority, the state of Ohio and its citizens,	67797
shall be paid from the variable operating fund or the index	67798
operating fund at the discretion of the authority.	67799

(H) No records of the authority indicating the identity of	67800
purchasers, contributors, and beneficiaries under the program or	67801
amounts contributed to, earned by, or distributed from program	67802
accounts are public records within the meaning of section 149.43	67803
of the Revised Code.	67804

Sec. 3345.023. (A) No state institution of higher education	67805
shall take any action or enforce any policy that would deny a	67806
religious student group any benefit available to any other student	67807
group based on the religious student group's requirement that its	67808
leaders or members adhere to its sincerely held religious beliefs	67809
or standards of conduct.	67810

(B) As used in this section:

67811

(1) "Benefits" include, without limitation:

67812

(a) Recognition;

67813

(b) Registration;

67814

(c) The use of facilities of the state institution of higher	67815
education for meetings or speaking purposes, subject to section	67816
3345.021 of the Revised Code;	67817

(d) The use of channels of communication of the state	67818
institution of higher education;	67819

(e) Funding sources that are otherwise available to any other	67820
student group in the state institution of higher education.	67821

(2) "State institution of higher education" has the same	67822
meaning as in section 3345.011 of the Revised Code.	67823

Sec. 3345.061. (A) Ohio's two-year institutions of higher	67824
education are respected points of entry for students embarking on	67825
post-secondary careers and courses completed at those institutions	67826
are transferable to state universities in accordance with	67827
articulation and transfer agreements developed under sections	67828
3333.16, 3333.161, and 3333.162 of the Revised Code.	67829

(B) Beginning with undergraduate students who commence	67830
undergraduate studies in the 2014-2015 academic year, no state	67831
university listed in section 3345.011 of the Revised Code, except	67832
Central state university, Shawnee state university, and Youngstown	67833
state university, shall receive any state operating subsidies for	67834
any academic remedial or developmental courses for undergraduate	67835
students, including courses prescribed in the Ohio core curriculum	67836
for high school graduation under division (C) of section 3313.603	67837
of the Revised Code, offered at its main campus, except as	67838
provided in divisions (B)(1) to (4) of this section.	67839

(1) In the 2014-2015 and 2015-2016 academic years, a state	67840
university may receive state operating subsidies for academic	67841
remedial or developmental courses for not more than three per cent	67842
of the total undergraduate credit hours provided by the university	67843
at its main campus.	67844

(2) In the 2016-2017 academic year, a state university may	67845
receive state operating subsidies for academic remedial or	67846
developmental courses for not more than fifteen per cent of the	67847
first-year students who have graduated from high school within the	67848
previous twelve months and who are enrolled in the university at	67849
its main campus, as calculated on a full-time-equivalent basis.	67850

(3) In the 2017-2018 academic year, a state university may	67851
receive state operating subsidies for academic remedial or	67852
developmental courses for not more than ten per cent of the	67853
first-year students who have graduated from high school within the	67854
previous twelve months and who are enrolled in the university at	67855
its main campus, as calculated on a full-time-equivalent basis.	67856

(4) In the 2018-2019 academic year, a state university may	67857
receive state operating subsidies for academic remedial or	67858
developmental courses for not more than five per cent of the	67859
first-year students who have graduated from high school within the	67860
previous twelve months and who are enrolled in the university at	67861
its main campus, as calculated on a full-time-equivalent basis.	67862

Each state university may continue to offer academic remedial	67863
and developmental courses at its main campus beyond the extent for	67864
which state operating subsidies may be paid under this division	67865
and may continue to offer such courses beyond the 2018-2019	67866
academic year. However, the university shall not receive any state	67867
operating subsidies for such courses above the maximum amounts	67868
permitted in this division.	67869

(C) Except as otherwise provided in division (B) of this	67870
section, beginning with students who commence undergraduate	67871
studies in the 2014-2015 academic year, state operating subsidies	67872
for academic remedial or developmental courses offered by state	67873
institutions of higher education may be paid only to Central state	67874
university, Shawnee state university, Youngstown state university,	67875
any university branch, any community college, any state community	67876
college, or any technical college.	67877

(D) Each state university shall grant credit for academic	67878
remedial or developmental courses successfully completed at an	67879
institution described in division (C) of this section pursuant to	67880
any applicable articulation and transfer agreements the university	67881
has entered into in accordance with policies and procedures	67882
adopted under section 3333.16, 3333.161, or 3333.162 of the	67883
Revised Code.	67884

(E) The chancellor of the Ohio board of regents shall do all	67885
of the following:	67886

(1) Withhold state operating subsidies for academic remedial	67887
or developmental courses provided by a state university as	67888
required in order to conform to divisions (B) and (C) of this	67889
section;	67890

(2) Adopt uniform statewide standards for academic remedial	67891
and developmental courses offered by all state institutions of	67892
higher education~~, as defined in section 3345.011 of the Revised~~	67893
~~Code~~;	67894

(3) Encourage and assist in the design and establishment of	67895
academic remedial and developmental courses by institutions of	67896
higher education;	67897

(4) Define "academic year" for purposes of this section and	67898
section 3345.06 of the Revised Code;	67899

(5) Encourage and assist in the development of articulation	67900
and transfer agreements between state universities and other	67901
institutions of higher education in accordance with policies and	67902
procedures adopted under sections 3333.16, 3333.161, and 3333.162	67903
of the Revised Code.	67904

(F) Not later than December 31, 2012, the presidents, or	67905
equivalent position, of all state institutions of higher	67906
education, or their designees, jointly shall establish uniform	67907
statewide standards in mathematics, science, reading, and writing	67908
each student enrolled in a state institution of higher education	67909
must meet to be considered in remediation-free status. The	67910
presidents also shall establish assessments, if they deem	67911
necessary, to determine if a student meets the standards adopted	67912
under this division. Each institution is responsible for assessing	67913
the needs of its enrolled students in the manner adopted by the	67914
presidents. The board of trustees or managing authority of each	67915
state institution of higher education shall adopt the	67916
remediation-free status standard, and any related assessments,	67917
into the institution's policies.	67918

The chancellor shall assist in coordinating the work of the	67919
presidents under this division.	67920

(G) Each year, not later than a date established by the	67921
chancellor, each state institution of higher education shall	67922
report to the governor, the general assembly, the chancellor, and	67923
the superintendent of public instruction all of the following for	67924
the prior academic year:	67925

(1) The institution's aggregate costs for providing academic	67926
remedial or developmental courses;	67927

(2) The amount of those costs disaggregated according to the	67928
city, local, or exempted village school districts from which the	67929
students taking those courses received their high school diplomas;	67930

(3) Any other information with respect to academic remedial	67931
and developmental courses that the chancellor considers	67932
appropriate.	67933

(H) Not later than December 31, 2011, and the thirty-first	67934
day of each December thereafter, the chancellor and the	67935
superintendent of public instruction shall issue a report	67936
recommending policies and strategies for reducing the need for	67937
academic remediation and developmental courses at state	67938
institutions of higher education.	67939

(I) As used in this section, "state institution of higher	67940
education" has the same meaning as in section 3345.011 of the	67941
Revised Code.	67942

Sec. 3345.14. (A) As used in this section, "state college or	67943
university" means any state university or college defined in	67944
division (A)(1) of section 3345.12 of the Revised Code, and any	67945
other institution of higher education defined in division (A)(2)	67946
of that section.	67947

(B) All rights to and interests in discoveries, inventions,	67948
or patents which result from research or investigation conducted	67949
in any experiment station, bureau, laboratory, research facility,	67950
or other facility of any state college or university, or by	67951
employees of any state college or university acting within the	67952
scope of their employment or with funding, equipment, or	67953
infrastructure provided by or through any state college or	67954
university, shall be the sole property of that college or	67955
university. No person, firm, association, corporation, or	67956
governmental agency which uses the facilities of such college or	67957
university in connection with such research or investigation and	67958
no faculty member, employee, or student of such college or	67959
university participating in or making such discoveries or	67960
inventions, shall have any rights to or interests in such	67961
discoveries or inventions, including income therefrom, except as	67962
may, by determination of the board of trustees of such college or	67963
university, be assigned, licensed, transferred, or paid to such	67964
persons or entities in accordance with division (C) of this	67965
section or in accordance with rules adopted under division (D) of	67966
this section.	67967

(C) As may be determined from time to time by the board of	67968
trustees of any state college or university, the college or	67969
university may retain, assign, license, transfer, sell, or	67970
otherwise dispose of, in whole or in part and upon such terms as	67971
the board of trustees may direct, any and all rights to, interests	67972
in, or income from any such discoveries, inventions, or patents	67973
which the college or university owns or may acquire. Such	67974
dispositions may be to any individual, firm, association,	67975
corporation, or governmental agency, or to any faculty member,	67976
employee, or student of the college or university as the board of	67977
trustees may direct. Any and all income or proceeds derived or	67978
retained from such dispositions shall be applied to the general or	67979
special use of the college or university as determined by the	67980
board of trustees of such college or university.	67981

(D)(1) Notwithstanding any provision of the Revised Code to	67982
the contrary, including but not limited to sections 102.03,	67983
102.04, 2921.42, and 2921.43 of the Revised Code, the board of	67984
trustees of any state college or university may adopt rules in	67985
accordance with section 111.15 of the Revised Code that set forth	67986
circumstances under which an employee of the college or university	67987
may solicit or accept, and under which a person may give or	67988
promise to give to such an employee, a financial interest in any	67989
firm, corporation, or other association to which the board has	67990
assigned, licensed, transferred, or sold the college or	67991
university's interests in its intellectual property, including	67992
discoveries or inventions made or created by that employee or in	67993
patents issued to that employee.	67994

(2) Rules established under division (D)(1) of this section	67995
shall include the following:	67996

(a) A requirement that each college or university employee	67997
disclose to the college or university board of trustees any	67998
financial interest the employee holds in a firm, corporation, or	67999
other association as described in division (D)(1) of this section;	68000

(b) A requirement that all disclosures made under division	68001
(D)(2)(a) of this section are reviewed by officials designated by	68002
the college or university board of trustees. The officials	68003
designated under this division shall determine the information	68004
that shall be disclosed and safeguards that shall be applied in	68005
order to manage, reduce, or eliminate any actual or potential	68006
conflict of interest.	68007

(c) A requirement that in implementing division (D) of this	68008
section all members of the college or university board of trustees	68009
shall be governed by Chapter 102. and sections 2921.42 and 2921.43	68010
of the Revised Code.	68011

(d) Guidelines to ensure that any financial interest held by	68012
any employee of the college or university does not result in	68013
misuse of the students, employees, or resources of the college or	68014
university for the benefit of the firm, corporation, or other	68015
association in which such interest is held or does not otherwise	68016
interfere with the duties and responsibilities of the employee who	68017
holds such an interest.	68018

(3) Rules established under division (D)(1) of this section	68019
may include other provisions at the discretion of the college or	68020
university board of trustees.	68021

(E) Notwithstanding division (D) of this section, the Ohio	68022
ethics commission retains authority to provide assistance to a	68023
college or university board of trustees in the implementation of	68024
division (D)(2) of this section and to address any matter that is	68025
outside the scope of the exception to division (B) of this section	68026
as set forth in division (D) of this section or as set forth in	68027
rules established under division (D) of this section.	68028

Sec. 3345.32. (A) As used in this section:

68029

(1) "State university or college" means the institutions	68030
described in section 3345.27 of the Revised Code and the	68031
northeastern Ohio universities college of medicine.	68032

(2) "Resident" has the meaning specified by rule of the	68033
chancellor of the Ohio board of regents.	68034

(3) "Statement of selective service status" means a statement	68035
certifying one of the following:	68036

(a) That the individual filing the statement has registered	68037
with the selective service system in accordance with the "Military	68038
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	68039
amended;	68040

(b) That the individual filing the statement is not required	68041
to register with the selective service for one of the following	68042
reasons:	68043

(i) The individual is under eighteen or over twenty-six years	68044
of age.	68045

(ii) The individual is on active duty with the armed forces	68046
of the United States other than for training in a reserve or	68047
national guard unit.	68048

(iii) The individual is a nonimmigrant alien lawfully in the	68049
United States in accordance with section 101 (a)(15) of the	68050
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended.	68051

(iv) The individual is not a citizen of the United States and	68052
is a permanent resident of the Trust Territory of the Pacific	68053
Islands or the Northern Mariana Islands.	68054

(4) "Institution of higher education" means any eligible	68055
institution approved by the United States department of education	68056
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	68057
amended, or any institution whose students are eligible for	68058
financial assistance under any of the programs described by	68059
division (E) of this section.	68060

(B) The chancellor shall, by rule, specify the form of	68061
statements of selective service status to be filed in compliance	68062
with divisions (C) to ~~(F)~~(E) of this section. Each statement of	68063
selective service status shall contain a section wherein a male	68064
student born after December 31, 1959, certifies that the student	68065
has registered with the selective service system in accordance	68066
with the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.	68067
App. 453, as amended. For those students not required to register	68068
with the selective service, as specified in divisions (A)(2)(b)(i)	68069
to (iv) of this section, a section shall be provided on the	68070
statement of selective service status for the certification of	68071
nonregistration and for an explanation of the reason for the	68072
exemption. The chancellor may require that such statements be	68073
accompanied by documentation specified by rule of the chancellor.	68074

(C) A state university or college that enrolls in any course,	68075
class, or program a male student born after December 31, 1959, who	68076
has not filed a statement of selective service status with the	68077
university or college shall, regardless of the student's	68078
residency, charge the student any tuition surcharge charged	68079
students who are not residents of this state.	68080

(D) No male born after December 31, 1959, shall be eligible	68081
to receive any loan, grant, scholarship, or other financial	68082
assistance for educational expenses granted under section 3315.33,	68083
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.391, 3333.93,	68084
5910.03, 5910.032, or 5919.34 of the Revised Code, financed by an	68085
award under the choose Ohio first scholarship program established	68086
under section 3333.61 of the Revised Code, or financed by an award	68087
under the Ohio co-op/internship program established under section	68088
3333.72 of the Revised Code, unless that person has filed a	68089
statement of selective service status with that person's	68090
institution of higher education.	68091

(E) If an institution of higher education receives a	68092
statement from an individual certifying that the individual has	68093
registered with the selective service system in accordance with	68094
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	68095
453, as amended or that the individual is exempt from registration	68096
for a reason other than that the individual is under eighteen	68097
years of age, the institution shall not require the individual to	68098
file any further statements. If it receives a statement certifying	68099
that the individual is not required to register because the	68100
individual is under eighteen years of age, the institution shall	68101
require the individual to file a new statement of selective	68102
service status each time the individual seeks to enroll for a new	68103
academic term or makes application for a new loan or loan	68104
guarantee or for any form of financial assistance for educational	68105
expenses, until it receives a statement certifying that the	68106
individual has registered with the selective service system or is	68107
exempt from registration for a reason other than that the	68108
individual is under eighteen years of age.	68109

Sec. 3345.55. (A) For purposes of this section, "university"	68110
includes a state institution of higher education as defined in	68111
section 3345.011 of the Revised Code and a university housing	68112
commission created under section 3347.01 of the Revised Code.	68113

(B) Each university may enter into a lease agreement with a	68114
nonpublic vendor to provide housing services in campus housing	68115
facilities to students of the university. The lease agreement may	68116
require the vendor to construct new campus housing facilities to	68117
serve students. The vendor with whom the university enters into an	68118
agreement shall be responsible for the operation and maintenance	68119
of the housing facilities. The lease shall be for a term of at	68120
least twenty years but shall not exceed thirty years. The lease	68121
agreement shall specify that the vendor is required to lease	68122
housing units to students of the university. Any university	68123
housing policies shall extend to and be enforced by the vendors	68124
with whom the university contracts.	68125

(C) If the vendors with whom the university has entered into	68126
a lease agreement violate the terms of the lease, the university	68127
may revoke the lease and regain operational control over the	68128
dormitory.	68129

Sec. 3345.81. (A) The chancellor of the Ohio board of regents	68130
shall develop a plan for designating public institutions of higher	68131
education as charter universities. In developing the plan, the	68132
chancellor shall:	68133

(1) Study the administrative and financial relationships	68134
between the state and its public institutions of higher education	68135
to determine the extent to which public colleges and universities	68136
can manage their operations more effectively when accorded	68137
flexibility through selected delegation of authority;	68138

(2) Examine legal and other issues related to the feasibility	68139
and practicability of restructuring the administrative and	68140
financial relationships between the state and its public	68141
institutions of higher education;	68142

(3) Consult with the presidents of the institutions of higher	68143
education of the university system of Ohio.	68144

(B) The office of budget and management, the department of	68145
administrative services, and each state institution of higher	68146
education shall provide the chancellor, upon the chancellor's	68147
request, with research assistance, fiscal and policy analysis, and	68148
other services in conducting the study and developing the plan	68149
under this section. Each state agency shall provide the chancellor	68150
with any other assistance requested by the chancellor in	68151
conducting the study and developing the plan.	68152

68153

(1) The manner in which a state institution of higher	68154
education may become eligible for restructured financial and	68155
operational authority, and performance measures and criteria to	68156
determine eligibility. The performance measures and criteria shall	68157
address the institution's ability to manage successfully its	68158
administrative and financial operations without jeopardizing the	68159
financial integrity and stability of the institution.	68160

(2) Specific areas of financial and operational authority	68161
that are subject to increased flexibility;	68162

(3) The nature and term of the management agreement required	68163
between the state and an institution.	68164

(D) Not later than August 15, 2011, the chancellor shall	68165
submit to the general assembly and the governor a report of	68166
findings and recommendations for use in developing policy,	68167
statutory, and administrative rule changes necessary to implement	68168
the plan. No institution shall be designated a charter university	68169
until the general assembly, after considering the chancellor's	68170
plan, has enacted legislation establishing a procedure for making	68171
the designation. The chancellor shall not adopt, amend, or rescind	68172
any rules with respect to designating institutions as charter	68173
universities until that legislation is enacted. The general	68174
assembly intends that the general assembly, governor, and	68175
chancellor will take actions necessary for implementation of the	68176
plan for charter universities to commence July 1, 2012.	68177

Sec. 3349.29. An agreement made pursuant to sections 3349.27	68178
and 3349.28 of the Revised Code is not effective unless it has	68179
been approved by the legislative authority of the municipal	68180
corporation with which the municipal university is identified,	68181
upon such legislative authority's determination that such	68182
agreement will be beneficial to the municipal corporation, and	68183
also approved by the Ohio board of regents, and, if required by	68184
any applicable appropriation measure, by the state controlling	68185
board, and any payment from state tax moneys provided for in the	68186
agreement will be subject to appropriations made by the general	68187
assembly. If provision is to be made under such agreement for the	68188
transfer of, or grant of the right to use, all or a substantial	68189
part of the assets of the municipal university to the state	68190
university and assumption by the state university of educational	68191
functions of the municipal university, such agreement shall not	68192
become effective, under sections 3349.27 to 3349.30 of the Revised	68193
Code until the electors of the municipal corporation have approved	68194
such transfer or grant.	68195

The legislative authority of the municipal corporation shall,	68196
by ordinance, submit the question to the electors at a general,	68197
primary, or a special election to be held on the date specified in	68198
the ordinance. The ordinance shall be certified to the board of	68199
elections not later than the forty-fifth day preceding the date of	68200
the election. Notice of the election shall be published in one or	68201
~~more newspapers~~newspaper of general circulation in the municipal	68202
corporation once a week for two consecutive weeks or as provided	68203
in section 7.16 of the Revised Code, prior to the election ~~and,~~	68204
if. If the board of elections operates and maintains a web site,	68205
notice of the election also shall be posted on that web site for	68206
thirty days prior to the election. The form of the ballot to be	68207
used at the election shall be substantially as follows, with such	68208
variations as may be appropriate to reflect the general nature of	68209
the transfer or grant of use of assets and the transfer of	68210
educational functions contemplated:	68211

"Shall assets of the municipal university known as	68212
.......................... be transferred to (make available for	68213
use by) a state university known as ...........................	68214
and the state university assume educational functions of the	68215
municipal university and provide higher education in (or in close	68216
proximity to) the city of .......................... to the	68217
residents of the city of ........................ and of the state	68218
of Ohio and such others as shall be admitted?"	68219

The favorable vote of a majority of those voting on the	68220
proposition constitutes such approval as is required by this	68221
section.	68222

Sec. 3353.04. (A) The eTech Ohio commission may perform any	68223
act necessary to carry out the functions of this chapter,	68224
including any of the following:	68225

(1) Make grants to institutions and other organizations as	68226
prescribed by the general assembly for the provision of technical	68227
assistance, professional development, and other support services	68228
to enable school districts, community schools established under	68229
Chapter 3314. of the Revised Code, other educational institutions,	68230
and affiliates to utilize educational technology;	68231

(2) Establish a reporting system for school districts,	68232
community schools, other educational institutions, affiliates, and	68233
educational technology organizations that receive financial	68234
assistance from the commission. The system may require the	68235
reporting of information regarding the manner in which the	68236
assistance was expended, the manner in which the equipment or	68237
services purchased with the assistance is being utilized, the	68238
results or outcome of the utilization, the manner in which the	68239
utilization is compatible with the statewide academic standards	68240
adopted by the state board of education pursuant to section	68241
3301.079 of the Revised Code, and any other information determined	68242
by the commission.	68243

(3) Ensure that, where appropriate, products produced by any	68244
entity to which the commission provides financial assistance for	68245
use in elementary and secondary education are aligned with the	68246
statewide academic standards adopted by the state board pursuant	68247
to section 3301.079 of the Revised Code;	68248

(4) Promote accessibility to educational products aligned	68249
with the statewide academic standards, adopted by the state board	68250
pursuant to section 3301.079 of the Revised Code, for school	68251
districts, community schools, and other entities serving grades	68252
kindergarten through twelve;	68253

(5) Own or operate transmission facilities and	68254
interconnection facilities, or contract for transmission	68255
facilities and interconnection facilities, for an educational	68256
television, radio, or radio reading service network;	68257

(6) Establish standards for interconnection facilities used	68258
by the commission in the transmission of educational television,	68259
radio, or radio reading service programming;	68260

(7) Enter into agreements with noncommercial educational	68261
television or radio broadcasting stations or radio reading	68262
services for the operation of the interconnection;	68263

(8) Enter into agreements with noncommercial educational	68264
television or radio broadcasting stations or radio reading	68265
services for the production and use of educational television,	68266
radio, or radio reading service programs to be transmitted by the	68267
educational telecommunications network;	68268

(9) Execute contracts and other agreements necessary and	68269
desirable to carry out the purposes of this chapter and other	68270
duties prescribed to the commission by law or authorize the	68271
executive director of the commission to execute such contracts and	68272
agreements on the commission's behalf;	68273

(10) Act as consultant with educational television and	68274
educational radio stations and radio reading services toward	68275
coordination within the state of the distribution of federal funds	68276
that may become available for equipment for educational	68277
broadcasting or radio reading services;	68278

(11) Make payments to noncommercial Ohio educational	68279
television or radio broadcasting stations or radio reading	68280
services to sustain the operation of such stations or services;	68281

(12) In consultation with participants in programs	68282
administered by the commission, establish guidelines governing	68283
purchasing and procurement that facilitate the timely and	68284
effective implementation of such programs;	68285

(13) In consultation with participants in programs	68286
administered by the commission, consider the efficiency and cost	68287
savings of statewide procurement prior to allocating and releasing	68288
funds for such programs;	68289

(14) In consultation with participants in programs	68290
administered by the commission, establish a systems support	68291
network to facilitate the timely implementation of the programs	68292
and other projects and activities for which the commission	68293
provides assistance.	68294

(B) Chapters 123., 124., 125., and 153. of the Revised Code	68295
and sections 9.331~~, 9.332, and 9.333~~to 9.336 of the Revised Code	68296
do not apply to contracts, programs, projects, or activities of	68297
the commission.	68298

Sec. 3353.15. There is hereby created in the state treasury	68299
the information technology service fund. The fund shall consist of	68300
money received by the eTech Ohio commission pursuant to agreements	68301
with educational entities for the provision of information	68302
technology services to support initiatives to align education from	68303
preschool through college, and any other money deposited into the	68304
fund by the commission. Money in the fund shall be used to provide	68305
the services specified in the agreements, including implementation	68306
and maintenance of an electronic clearinghouse for student	68307
transcript transfers and development of the education data	68308
repository described in section 3301.94 of the Revised Code.	68309
Investment earnings of the fund shall be credited to the fund.	68310

Sec. 3354.12. (A) Upon the request by resolution approved by	68311
the board of trustees of a community college district, and upon	68312
certification to the board of elections not less than ninety days	68313
prior to the election, the boards of elections of the county or	68314
counties comprising such district shall place upon the ballot in	68315
their respective counties the question of levying a tax on all the	68316
taxable property in the community college district outside the	68317
ten-mill limitation, for a specified period of years or for a	68318
continuing period of time, to provide funds for any one or more of	68319
the following purposes: the acquisition of sites, the erection,	68320
furnishing, and equipment of buildings, the acquisition,	68321
construction, or improvement of any property which the board of	68322
trustees of a community college district is authorized to acquire,	68323
construct, or improve and which has an estimated life of	68324
usefulness of five years or more as certified by the fiscal	68325
officer, and the payment of operating costs. Not more than two	68326
special elections shall be held in any one calendar year. Levies	68327
for a continuing period of time adopted under this section may be	68328
reduced in accordance with section 5705.261 of the Revised Code.	68329

If such proposal is to be or include the renewal of an	68330
existing levy at the expiration thereof, the ballot for such	68331
election shall state whether it is a renewal of a tax; a renewal	68332
of a stated number of mills and an increase of a stated number of	68333
mills, or a renewal of a part of an existing levy with a reduction	68334
of a stated number of mills; the year of the tax duplicate on	68335
which such renewal will first be made; and if earlier, the year of	68336
the tax duplicate on which such additional levy will first be	68337
made, which may include the tax duplicate for the current year	68338
unless the election is to be held after the first Tuesday after	68339
the first Monday in November of the current tax year. The ballot	68340
shall also state the period of years for such levy or that it is	68341
for a continuing period of time. If a levy for a continuing period	68342
of time provides for but is not limited to current expenses, the	68343
resolution of the board of trustees providing for the election on	68344
such levy shall apportion the annual rate of the levy between	68345
current expenses and the other purpose or purposes. Such	68346
apportionment need not be the same for each year of the levy, but	68347
the respective portions of the rate actually levied each year for	68348
current expenses and the other purpose or purposes shall be	68349
limited by such apportionment. The portion of the rate apportioned	68350
to the other purpose or purposes shall be reduced as provided in	68351
division (B) of this section.	68352

If a majority of the electors in such district voting on such	68353
question approve thereof, the county auditor or auditors of the	68354
county or counties comprising such district shall annually, for	68355
the applicable years, place such levy on the tax duplicate in such	68356
district, in an amount determined by the board of trustees, but	68357
not to exceed the amount set forth in the proposition approved by	68358
the electors.	68359

The boards of trustees of a community college district shall	68360
establish a special fund for all revenue derived from any tax	68361
levied pursuant to this section.	68362

The boards of elections of the county or counties comprising	68363
the district shall cause to be published in a newspaper of general	68364
circulation in each such county an advertisement of the proposed	68365
tax levy question once a week for two consecutive weeks, or as	68366
provided in section 7.16 of the Revised Code, prior to the	68367
election at which the question is to appear on the ballot~~, and,~~	68368
if. If a board of elections operates and maintains a web site,	68369
that board also shall post ~~a similar~~the advertisement on its web	68370
site for thirty days prior to that election.	68371

After the approval of such levy by vote, the board of	68372
trustees of a community college district may anticipate a fraction	68373
of the proceeds of such levy and from time to time issue	68374
anticipation notes having such maturity or maturities that the	68375
aggregate principal amount of all such notes maturing in any	68376
calendar year shall not exceed seventy-five per cent of the	68377
anticipated proceeds from such levy for such year, and that no	68378
note shall mature later than the thirty-first day of December of	68379
the tenth calendar year following the calendar year in which such	68380
note is issued. Each issue of notes shall be sold as provided in	68381
Chapter 133. of the Revised Code.	68382

The amount of bonds or anticipatory notes authorized pursuant	68383
to Chapter 3354. of the Revised Code, may include sums to repay	68384
moneys previously borrowed, advanced, or granted and expended for	68385
the purposes of such bond or anticipatory note issues, whether	68386
such moneys were advanced from the available funds of the	68387
community college district or by other persons, and the community	68388
college district may restore and repay to such funds or persons	68389
from the proceeds of such issues the moneys so borrowed, advanced	68390
or granted.	68391

All operating costs of such community college may be paid out	68392
of any gift or grant from the state, pursuant to division (K) of	68393
section 3354.09 of the Revised Code; out of student fees and	68394
tuition collected pursuant to division (G) of section 3354.09 of	68395
the Revised Code; or out of unencumbered funds from any other	68396
source of the community college income not prohibited by law.	68397

(B) Prior to the application of section 319.301 of the	68398
Revised Code, the rate of a levy that is limited to, or to the	68399
extent that it is apportioned to, purposes other than current	68400
expenses shall be reduced in the same proportion in which the	68401
district's total valuation increases during the life of the levy	68402
because of additions to such valuation that have resulted from	68403
improvements added to the tax list and duplicate.	68404

Sec. 3354.16. (A) When the board of trustees of a community	68405
college district has by resolution determined to let by contract	68406
the work of improvements pursuant to the official plan of such	68407
district, contracts in amounts exceeding a dollar amount set by	68408
the board, which dollar amount shall not exceed ~~fifty~~two hundred	68409
thousand dollars, shall be advertised after notices calling for	68410
bids have been published once a week for three consecutive weeks	68411
or as provided in section 7.16 of the Revised Code, in ~~at least~~	68412
~~one~~a newspaper of general circulation within the community	68413
college district wherein the work is to be done. Subject to	68414
section 3354.10 of the Revised Code, the board of trustees of the	68415
district may let such contract to the lowest responsive and	68416
responsible bidder, in accordance with section 9.312 of the	68417
Revised Code, who meets the requirements of section 153.54 of the	68418
Revised Code. Such contract shall be in writing and shall be	68419
accompanied by or shall refer to plans and specifications for the	68420
work to be done. Such contract shall be approved by the board of	68421
trustees and signed by the president of the board and by the	68422
contractor.	68423

(B) On the first day of January of every even-numbered year,	68424
the chancellor of the board of regents shall adjust the ~~fifty~~two	68425
hundred thousand dollar contract limit set forth in division (A)	68426
of this section, as adjusted in any previous year pursuant to this	68427
division. The chancellor shall adjust the limit according to the	68428
average increase or decrease for each of the two years immediately	68429
preceding the adjustment as set forth in the United States	68430
department of commerce, bureau of economic analysis implicit price	68431
deflator for gross domestic product, nonresidential structures, or	68432
an alternative if the federal government ceases to publish this	68433
metric, provided that no increase or decrease for any year shall	68434
exceed three per cent of the contract limit in existence at the	68435
time of the adjustment. Notwithstanding division (A) of this	68436
section, the limit adjusted under this division shall be used	68437
thereafter in lieu of the limit in division (A) of this section.	68438

(C) Before entering into an improvement pursuant to division	68439
(A) of this section, and except for contracts made with a	68440
construction manager at risk or a design-build firm, as those	68441
terms are defined in section 153.50 of the Revised Code, the board	68442
of trustees of a community college district shall require separate	68443
and distinct proposals to be made for furnishing materials or	68444
doing work on the improvement, or both, in the board's discretion,	68445
for each separate and distinct branch or class of work entering	68446
into the improvement. The board of trustees also may require a	68447
single, combined proposal for the entire project for materials or	68448
doing work, or both, in the board's discretion, that includes each	68449
separate and distinct branch or class of work entering into the	68450
improvement. The board of trustees need not solicit separate	68451
proposals for a branch or class of work for an improvement if the	68452
estimate cost for that branch or class of work is less than ~~five~~	68453
twenty thousand dollars.	68454

(D) When more than one branch or class of work is required,	68455
no contract for the entire job, or for a greater portion thereof	68456
than is embraced in one such branch or class of work shall be	68457
awarded, unless the separate bids do not cover all the work and	68458
materials required or the bids for the whole or for two or more	68459
kinds of work or materials are lower than the separate bids in the	68460
aggregate. The board of trustees need not award separate contracts	68461
for a branch or class of work entering into an improvement if the	68462
estimated cost for that branch or class of work is less than ~~five~~	68463
twenty thousand dollars.	68464

Sec. 3355.09. Upon receipt of a request from the university	68465
branch district managing authority, the boards of elections of the	68466
county or counties comprising such district shall place upon the	68467
ballot in the district at the next primary or general election	68468
occurring not less than ninety days after submission of such	68469
request by such managing authority, the question of levying a tax	68470
outside the ten-mill limitation, for a specified period of years,	68471
to provide funds for any of the following purposes:	68472

(A) Purchasing a site or enlargement thereof;

68473

(B) The erection and equipment of buildings;

68474

68475

(D) The acquisition, construction, or improvement of any	68476
property which the university branch district managing authority	68477
is authorized to acquire, construct, or improve and which has been	68478
certified by the fiscal officer to have an estimated useful life	68479
of five or more years.	68480

If a majority of the electors in such district voting on such	68481
question approve, the county auditor of the county or counties	68482
comprising such district shall annually place such levy on the tax	68483
duplicate in such district, in the amount set forth in the	68484
proposition approved by the electors.	68485

The managing authority of the university branch district	68486
shall establish a special fund pursuant to section 3355.07 of the	68487
Revised Code for all revenue derived from any tax levied pursuant	68488
to provisions of this section.	68489

The boards of election of the county or counties comprising	68490
the district shall cause to be published in a newspaper of general	68491
circulation in each such county an advertisement of the proposed	68492
tax levy question once a week for two consecutive weeks, or as	68493
provided in section 7.16 of the Revised Code, prior to the	68494
election at which the question is to appear on the ballot~~, and,~~	68495
if. If a board of elections operates and maintains a web site,	68496
that board also shall post ~~a similar~~the advertisement on its web	68497
site for thirty days prior to the election.	68498

After the approval of such levy by vote, the managing	68499
authority of the university branch district may anticipate a	68500
fraction of the proceeds of such levy and from time to time,	68501
during the life of such levy, issue anticipation notes in an	68502
amount not to exceed seventy-five per cent of the estimated	68503
proceeds of such levy to be collected in each year over a period	68504
of five years after the date of the issuance of such notes, less	68505
an amount equal to the proceeds of such levy previously obligated	68506
for such year by the issuance of anticipation notes, provided,	68507
that the total amount maturing in any one year shall not exceed	68508
seventy-five per cent of the anticipated proceeds of such levy for	68509
that year.	68510

Each issue of notes shall be sold as provided in Chapter 133.	68511
of the Revised Code and shall mature serially in substantially	68512
equal amounts, during each remaining year of the levy, not to	68513
exceed five, after their issuance.	68514

Sec. 3357.16. (A) When the board of trustees of a technical	68515
college district has by resolution determined to let by contract	68516
the work of improvements pursuant to the official plan of such	68517
district, contracts in amounts exceeding a dollar amount set by	68518
the board, which dollar amount shall not exceed ~~fifty~~two hundred	68519
thousand dollars, shall be advertised after notice calling for	68520
bids has been published once a week for three consecutive weeks or	68521
as provided in section 7.16 of the Revised Code, in ~~at least one~~a	68522
newspaper of general circulation within the technical college	68523
district where the work is to be done. The board of trustees of	68524
the technical college district may let such contract to the lowest	68525
responsive and responsible bidder, in accordance with section	68526
9.312 of the Revised Code, who meets the requirements of section	68527
153.54 of the Revised Code. Such contract shall be in writing and	68528
shall be accompanied by or shall refer to plans and specifications	68529
for the work to be done. Such contract shall be approved by the	68530
board of trustees and signed by the president of the board and by	68531
the contractor.	68532

(B) On the first day of January of every even-numbered year,	68533
the chancellor of the board of regents shall adjust the ~~fifty~~two	68534
hundred thousand dollar contract limit set forth in division (A)	68535
of this section, as adjusted in any previous year pursuant to this	68536
division. The chancellor shall adjust the limit according to the	68537
average increase or decrease for each of the two years immediately	68538
preceding the adjustment as set forth in the United States	68539
department of commerce, bureau of economic analysis implicit price	68540
deflator for gross domestic product, nonresidential structures, or	68541
an alternative if the federal government ceases to publish this	68542
metric, provided that no increase or decrease for any year shall	68543
exceed three per cent of the contract limit in existence at the	68544
time of the adjustment. Notwithstanding division (A) of this	68545
section, the limit adjusted under this division shall be used	68546
thereafter in lieu of the limit in division (A) of this section.	68547

(C) Before entering into an improvement pursuant to division	68548
(A) of this section, and except for contracts made with a	68549
construction manager at risk or a design-build firm, as those	68550
terms are defined in section 153.50 of the Revised Code, the board	68551
of trustees of a technical college district shall require separate	68552
and distinct proposals to be made for furnishing materials or	68553
doing work on the improvement, or both, in the board's discretion,	68554
for each separate and distinct branch or class of work entering	68555
into the improvement. The board of trustees also may require a	68556
single, combined proposal for the entire project for materials or	68557
doing work, or both, in the board's discretion, that includes each	68558
separate and distinct branch or class of work entering into the	68559
improvement. The board of trustees need not solicit separate	68560
proposals for a branch or class of work for an improvement if the	68561
estimate cost for that branch or class of work is less than ~~five~~	68562
twenty thousand dollars.	68563

(D) When more than one branch or class of work is required,	68564
no contract for the entire job, or for a greater portion thereof	68565
than is embraced in one such branch or class of work shall be	68566
awarded, unless the separate bids do not cover all the work and	68567
materials required or the bids for the whole or for two or more	68568
kinds of work or materials are lower than the separate bids in the	68569
aggregate. The board of trustees need not award separate contracts	68570
for a branch or class of work entering into an improvement if the	68571
estimated cost for that branch or class of work is less than ~~five~~	68572
twenty thousand dollars.	68573

Sec. 3365.01. As used in this chapter:

68574

(A) "College" means any state-assisted college or university	68575
described in section 3333.041 of the Revised Code, any nonprofit	68576
institution holding a certificate of authorization pursuant to	68577
Chapter 1713. of the Revised Code, any private institution exempt	68578
from regulation under Chapter 3332. of the Revised Code as	68579
prescribed in section 3333.046 of the Revised Code, and any	68580
institution holding a certificate of registration from the state	68581
board of career colleges and schools and program authorization for	68582
an associate or bachelor's degree program issued under section	68583
3332.05 of the Revised Code.	68584

(B) "School district," except as specified in division (G) of	68585
this section, means any school district to which a student is	68586
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	68587
the Revised Code and does not include a joint vocational or	68588
cooperative education school district.	68589

(C) "Parent" has the same meaning as in section 3313.64 of	68590
the Revised Code.	68591

(D) "Participant" means a student enrolled in a college under	68592
the post-secondary enrollment options program established by this	68593
chapter.	68594

(E) "Secondary grade" means the ninth through twelfth grades.

68595

(F) "School foundation payments" means the amount required to	68596
be paid to a school district for a fiscal year under ~~Chapters~~	68597
~~3306. and~~Chapter 3317. of the Revised Code.	68598

(G) "Tuition base" means, with respect to a participant's	68599
school district, the sum of the formula amount plus the per pupil	68600
amount of the base funding supplements specified in divisions	68601
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal	68602
year 2009.	68603

The participant's "school district" in the case of a	68604
participant enrolled in a community school shall be the school	68605
district in which the student is entitled to attend school under	68606
section 3313.64 or 3313.65 of the Revised Code.	68607

(H) "Educational program" means enrollment in one or more	68608
school districts, in a nonpublic school, or in a college under	68609
division (B) of section 3365.04 of the Revised Code.	68610

(I) "Nonpublic school" means a chartered or nonchartered	68611
school for which minimum standards are prescribed by the state	68612
board of education pursuant to division (D) of section 3301.07 of	68613
the Revised Code.	68614

(J) "School year" means the year beginning on the first day	68615
of July and ending on the thirtieth day of June.	68616

(K) "Community school" means any school established pursuant	68617
to Chapter 3314. of the Revised Code that includes secondary	68618
grades.	68619

(L) "STEM school" means a science, technology, engineering,	68620
and mathematics school established under Chapter 3326. of the	68621
Revised Code.	68622

Sec. 3365.08. (A) A college that expects to receive or	68623
receives reimbursement under section 3365.07 of the Revised Code	68624
or through alternative funding agreements entered into under rules	68625
adopted under section 3365.12 of the Revised Code shall furnish to	68626
a participant all textbooks and materials directly related to a	68627
course taken by the participant under division (B) of section	68628
3365.04 of the Revised Code. No college shall charge such	68629
participant for tuition, textbooks, materials, or other fees	68630
directly related to any such course.	68631

(B) No student enrolled under this chapter in a course for	68632
which credit toward high school graduation is awarded shall	68633
receive direct financial aid through any state or federal program.	68634

(C) If a school district provides transportation for resident	68635
school students in grades eleven and twelve under section 3327.01	68636
of the Revised Code, a parent of a pupil enrolled in a course	68637
under division (A)(2) or (B) of section 3365.04 of the Revised	68638
Code may apply to the board of education for full or partial	68639
reimbursement for the necessary costs of transporting the student	68640
between the secondary school the student attends and the college	68641
in which the student is enrolled. Reimbursement may be paid solely	68642
from funds received by the district for pupil transportation under	68643
section ~~3306.12~~3317.0212 of the Revised Code or other provisions	68644
of law. The state board of education shall establish guidelines,	68645
based on financial need, under which a district may provide such	68646
reimbursement.	68647

(D) If a community school provides or arranges transportation	68648
for its pupils in grades nine through twelve under section	68649
3314.091 of the Revised Code, a parent of a pupil of the community	68650
school who is enrolled in a course under division (A)(2) or (B) of	68651
section 3365.04 of the Revised Code may apply to the governing	68652
authority of the community school for full or partial	68653
reimbursement of the necessary costs of transporting the student	68654
between the community school and the college. The governing	68655
authority may pay the reimbursement in accordance with the state	68656
board's rules adopted under division (C) of this section solely	68657
from funds paid to it under section 3314.091 of the Revised Code.	68658

Sec. 3375.41. When a board of library trustees appointed	68659
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,	68660
or 3375.30 of the Revised Code determines to construct, demolish,	68661
alter, repair, or reconstruct a library or make any improvements	68662
or repairs, the cost of which will exceed twenty-five thousand	68663
dollars, except in cases of urgent necessity or for the security	68664
and protection of library property, it shall proceed as follows:	68665

(A) The board shall advertise for a period of two weeks for	68666
sealed bids in ~~some~~a newspaper of general circulation in the	68667
district~~, and, if there are two such newspapers, the board shall~~	68668
~~advertise in both of them~~or as provided in section 7.16 of the	68669
Revised Code. If no newspaper has a general circulation in the	68670
district, the board shall post the advertisement in three public	68671
places in the district. The advertisement shall be entered in full	68672
by the fiscal officer on the record of proceedings of the board.	68673

(B) The sealed bids shall be filed with the fiscal officer by	68674
twelve noon of the last day stated in the advertisement.	68675

(C) The sealed bids shall be opened at the next meeting of	68676
the board, shall be publicly read by the fiscal officer, and shall	68677
be entered in full on the records of the board; provided that the	68678
board, by resolution, may provide for the public opening and	68679
reading of the bids by the fiscal officer, immediately after the	68680
time for their filing has expired, at the usual place of meeting	68681
of the board, and for the tabulation of the bids and a report of	68682
the tabulation to the board at its next meeting.	68683

(D) Each sealed bid shall contain the name of every person	68684
interested in it and shall meet the requirements of section 153.54	68685
of the Revised Code.	68686

(E) When both labor and materials are embraced in the work	68687
bid for, the board may require that each be separately stated in	68688
the sealed bid, with their price, or may require that bids be	68689
submitted without the separation.	68690

(F) None but the lowest responsible bid shall be accepted.	68691
The board may reject all the bids or accept any bid for both labor	68692
and material for the improvement or repair which is the lowest in	68693
the aggregate.	68694

(G) The contract shall be between the board and the bidders.	68695
The board shall pay the contract price for the work in cash at the	68696
times and in the amounts as provided by sections 153.12, 153.13,	68697
and 153.14 of the Revised Code.	68698

(H) When two or more bids are equal, in whole or in part, and	68699
are lower than any others, either may be accepted, but in no case	68700
shall the work be divided between these bidders.	68701

(I) When there is reason to believe there is collusion or	68702
combination among the bidders, the bids of those concerned in the	68703
collusion or combination shall be rejected.	68704

Sec. 3381.11. The board of trustees of a regional arts and	68705
cultural district or any officer or employee designated by such	68706
board may make any contract for the purchase of supplies or	68707
material or for labor for any work, under the supervision of the	68708
board, the cost of which shall not exceed ten thousand dollars.	68709
When an expenditure, other than for the acquisition of real	68710
estate, the discharge of noncontractual claims, personal services,	68711
or for the product or services of public utilities, exceeds ten	68712
thousand dollars, such expenditure shall be made only after a	68713
notice calling for bids has been published once a week for two	68714
consecutive weeks in ~~at least~~ one newspaper of general circulation	68715
within the territory of the district or as provided in section	68716
7.16 of the Revised Code. The board may then let said contract to	68717
the lowest and best bidder, who shall give a good and approved	68718
bond with ample security conditioned on the carrying out of the	68719
contract. Such contract shall be in writing and shall be	68720
accompanied by or shall refer to plans and specifications for the	68721
work to be done, approved by the board. The plans and	68722
specifications shall at all times be made and considered part of	68723
the contract. The contract shall be approved by the board and	68724
signed on behalf of the district and by the contractor. No sale of	68725
any real or personal property or a lease thereof having a term	68726
thereof in excess of five years shall be made except with the	68727
highest and best bidder after publication of notice for bids in	68728
the manner above provided.	68729

Competitive bidding under this section is not required when:

68730

(A) The board, by a two-thirds affirmative vote of its	68731
members, determines that a real and present emergency exists and	68732
such determination and the reasons therefor are entered in the	68733
proceedings of the board, when:	68734

(1) The estimated cost is less than fifteen thousand dollars;	68735
or	68736

(2) There is actual physical damage to structures or	68737
equipment.	68738

(B) Such purchase consists of supplies or a replacement or	68739
supplemental part or parts for a product or equipment owned or	68740
leased by the district and the only source of supply for such	68741
supplies, part, or parts is limited to a single supplier;	68742

(C) The lease is a renewal of a lease for electronic data	68743
processing equipment, services, or systems;	68744

(D) Services or supplies are available from a qualified	68745
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	68746
Revised Code;	68747

(E) With respect to any contract, agreement, or lease by a	68748
district with any arts or cultural organization or any	68749
governmental body or agency.	68750

Sec. 3501.03. At least ten days before the time for holding	68751
an election the board of elections shall give public notice by a	68752
proclamation, posted in a conspicuous place in the courthouse and	68753
city hall, or by one insertion in a newspaper ~~published~~of general	68754
circulation in the county~~, but if no newspaper is published in~~	68755
~~such county, then in a newspaper of general circulation therein~~.	68756

The board shall have authority to publicize information	68757
relative to registration or elections.	68758

Sec. 3501.17. (A) The expenses of the board of elections	68759
shall be paid from the county treasury, in pursuance of	68760
appropriations by the board of county commissioners, in the same	68761
manner as other county expenses are paid. If the board of county	68762
commissioners fails to appropriate an amount sufficient to provide	68763
for the necessary and proper expenses of the board of elections	68764
pertaining to the conduct of elections, the board of elections may	68765
apply to the court of common pleas within the county, which shall	68766
fix the amount necessary to be appropriated and the amount shall	68767
be appropriated. Payments shall be made upon vouchers of the board	68768
of elections certified to by its chairperson or acting chairperson	68769
and the director or deputy director, upon warrants of the county	68770
auditor.	68771

The board of elections shall not incur any obligation	68772
involving the expenditure of money unless there are moneys	68773
sufficient in the funds appropriated therefor to meet the	68774
obligation. If the board of elections requests a transfer of funds	68775
from one of its appropriation items to another, the board of	68776
county commissioners shall adopt a resolution providing for the	68777
transfer except as otherwise provided in section 5705.40 of the	68778
Revised Code. The expenses of the board of elections shall be	68779
apportioned among the county and the various subdivisions as	68780
provided in this section, and the amount chargeable to each	68781
subdivision shall be withheld by the county auditor from the	68782
moneys payable thereto at the time of the next tax settlement. At	68783
the time of submitting budget estimates in each year, the board of	68784
elections shall submit to the taxing authority of each	68785
subdivision, upon the request of the subdivision, an estimate of	68786
the amount to be withheld from the subdivision during the next	68787
fiscal year.	68788

A board of township trustees may, by resolution, request that	68789
the county auditor withhold expenses charged to the township from	68790
a specified township fund that is to be credited with revenue at a	68791
tax settlement. The resolution shall specify the tax levy ballot	68792
issue, the date of the election on the levy issue, and the	68793
township fund from which the expenses the board of elections	68794
incurs related to that ballot issue shall be withheld.	68795

(B) Except as otherwise provided in division (F) of this	68796
section, the compensation of the members of the board of elections	68797
and of the director, deputy director, and regular employees in the	68798
board's offices, other than compensation for overtime worked; the	68799
expenditures for the rental, furnishing, and equipping of the	68800
office of the board and for the necessary office supplies for the	68801
use of the board; the expenditures for the acquisition, repair,	68802
care, and custody of the polling places, booths, guardrails, and	68803
other equipment for polling places; the cost of tally sheets,	68804
maps, flags, ballot boxes, and all other permanent records and	68805
equipment; the cost of all elections held in and for the state and	68806
county; and all other expenses of the board which are not	68807
chargeable to a political subdivision in accordance with this	68808
section shall be paid in the same manner as other county expenses	68809
are paid.	68810

(C) The compensation of judges of elections and intermittent	68811
employees in the board's offices; the cost of renting, moving,	68812
heating, and lighting polling places and of placing and removing	68813
ballot boxes and other fixtures and equipment thereof, including	68814
voting machines, marking devices, and automatic tabulating	68815
equipment; the cost of printing and delivering ballots, cards of	68816
instructions, registration lists required under section 3503.23 of	68817
the Revised Code, and other election supplies, including the	68818
supplies required to comply with division (H) of section 3506.01	68819
of the Revised Code; the cost of contractors engaged by the board	68820
to prepare, program, test, and operate voting machines, marking	68821
devices, and automatic tabulating equipment; and all other	68822
expenses of conducting primaries and elections in the odd-numbered	68823
years shall be charged to the subdivisions in and for which such	68824
primaries or elections are held. The charge for each primary or	68825
general election in odd-numbered years for each subdivision shall	68826
be determined in the following manner: first, the total cost of	68827
all chargeable items used in conducting such elections shall be	68828
ascertained; second, the total charge shall be divided by the	68829
number of precincts participating in such election, in order to	68830
fix the cost per precinct; third, the cost per precinct shall be	68831
prorated by the board of elections to the subdivisions conducting	68832
elections for the nomination or election of offices in such	68833
precinct; fourth, the total cost for each subdivision shall be	68834
determined by adding the charges prorated to it in each precinct	68835
within the subdivision.	68836

(D) The entire cost of special elections held on a day other	68837
than the day of a primary or general election, both in	68838
odd-numbered or in even-numbered years, shall be charged to the	68839
subdivision. Where a special election is held on the same day as a	68840
primary or general election in an even-numbered year, the	68841
subdivision submitting the special election shall be charged only	68842
for the cost of ballots and advertising. Where a special election	68843
is held on the same day as a primary or general election in an	68844
odd-numbered year, the subdivision submitting the special election	68845
shall be charged for the cost of ballots and advertising for such	68846
special election, in addition to the charges prorated to such	68847
subdivision for the election or nomination of candidates in each	68848
precinct within the subdivision, as set forth in the preceding	68849
paragraph.	68850

(E) Where a special election is held on the day specified by	68851
division (E) of section 3501.01 of the Revised Code for the	68852
holding of a primary election, for the purpose of submitting to	68853
the voters of the state constitutional amendments proposed by the	68854
general assembly, and a subdivision conducts a special election on	68855
the same day, the entire cost of the special election shall be	68856
divided proportionally between the state and the subdivision based	68857
upon a ratio determined by the number of issues placed on the	68858
ballot by each, except as otherwise provided in division (G) of	68859
this section. Such proportional division of cost shall be made	68860
only to the extent funds are available for such purpose from	68861
amounts appropriated by the general assembly to the secretary of	68862
state. If a primary election is also being conducted in the	68863
subdivision, the costs shall be apportioned as otherwise provided	68864
in this section.	68865

(F) When a precinct is open during a general, primary, or	68866
special election solely for the purpose of submitting to the	68867
voters a statewide ballot issue, the state shall bear the entire	68868
cost of the election in that precinct and shall reimburse the	68869
county for all expenses incurred in opening the precinct.	68870

(G)(1) The state shall bear the entire cost of advertising in	68871
newspapers statewide ballot issues, explanations of those issues,	68872
and arguments for or against those issues, as required by Section	68873
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	68874
and any other section of law. Appropriations made to the	68875
controlling board shall be used to reimburse the secretary of	68876
state for all expenses the secretary of state incurs for such	68877
advertising under division (G) of section 3505.062 of the Revised	68878
Code.	68879

(2) There is hereby created in the state treasury the	68880
statewide ballot advertising fund. The fund shall receive	68881
transfers approved by the controlling board, and shall be used by	68882
the secretary of state to pay the costs of advertising state	68883
ballot issues as required under division (G)(1) of this section.	68884
Any such transfers may be requested from and approved by the	68885
controlling board prior to placing the advertising, in order to	68886
facilitate timely provision of the required advertising.	68887

(H) The cost of renting, heating, and lighting registration	68888
places; the cost of the necessary books, forms, and supplies for	68889
the conduct of registration; and the cost of printing and posting	68890
precinct registration lists shall be charged to the subdivision in	68891
which such registration is held.	68892

(I) At the request of a majority of the members of the board	68893
of elections, the board of county commissioners may, by	68894
resolution, establish an elections revenue fund. Except as	68895
otherwise provided in this division, the purpose of the fund shall	68896
be to accumulate revenue withheld by or paid to the county under	68897
this section for the payment of any expense related to the duties	68898
of the board of elections specified in section 3501.11 of the	68899
Revised Code, upon approval of a majority of the members of the	68900
board of elections. The fund shall not accumulate any revenue	68901
withheld by or paid to the county under this section for the	68902
compensation of the members of the board of elections or of the	68903
director, deputy director, or other regular employees in the	68904
board's offices, other than compensation for overtime worked.	68905

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	68906
Revised Code, the board of county commissioners may, by	68907
resolution, transfer money to the elections revenue fund from any	68908
other fund of the political subdivision from which such payments	68909
lawfully may be made. Following an affirmative vote of a majority	68910
of the members of the board of elections, the board of county	68911
commissioners may, by resolution, rescind an elections revenue	68912
fund established under this division. If an elections revenue fund	68913
is rescinded, money that has accumulated in the fund shall be	68914
transferred to the county general fund.	68915

(J) As used in this section:

68916

(1) "Political subdivision" and "subdivision" mean any board	68917
of county commissioners, board of township trustees, legislative	68918
authority of a municipal corporation, board of education, or any	68919
other board, commission, district, or authority that is empowered	68920
to levy taxes or permitted to receive the proceeds of a tax levy,	68921
regardless of whether the entity receives tax settlement moneys as	68922
described in division (A) of this section;	68923

(2) "Statewide ballot issue" means any ballot issue, whether	68924
proposed by the general assembly or by initiative or referendum,	68925
that is submitted to the voters throughout the state.	68926

Sec. 3505.13. A contract for the printing of ballots	68927
involving a cost in excess of ten thousand dollars shall not be	68928
let until after five days' notice published once in a ~~leading~~	68929
newspaper ~~published~~of general circulation in the county or upon	68930
notice given by mail by the board of elections, addressed to the	68931
responsible printing offices within the state. Except as otherwise	68932
provided in this section, each bid for such printing must be	68933
accompanied by a bond with at least two sureties, or a surety	68934
company, satisfactory to the board, in a sum double the amount of	68935
the bid, conditioned upon the faithful performance of the contract	68936
for such printing as is awarded and for the payment as damages by	68937
such bidder to the board of any excess of cost over the bid which	68938
it may be obliged to pay for such work by reason of the failure of	68939
the bidder to complete the contract. No bid unaccompanied by such	68940
bond shall be considered by the board. The board may, however,	68941
waive the requirement that each bid be accompanied by a bond if	68942
the cost of the contract is ten thousand dollars or less. The	68943
contract shall be let to the lowest responsible bidder in the	68944
state. All ballots shall be printed within the state.	68945

Sec. 3506.05. (A) As used in this section, except when used	68946
as part of the phrase "tabulating equipment" or "automatic	68947
tabulating equipment":	68948

(1) "Equipment" means a voting machine, marking device,	68949
automatic tabulating equipment, or software.	68950

(2) "Vendor" means the person that owns, manufactures,	68951
distributes, or has the legal right to control the use of	68952
equipment, or the person's agent.	68953

(B) No voting machine, marking device, automatic tabulating	68954
equipment, or software for the purpose of casting or tabulating	68955
votes or for communications among systems involved in the	68956
tabulation, storage, or casting of votes shall be purchased,	68957
leased, put in use, or continued to be used, except for	68958
experimental use as provided in division (B) of section 3506.04 of	68959
the Revised Code, unless it, a manual of procedures governing its	68960
use, and training materials, service, and other support	68961
arrangements have been certified by the secretary of state and	68962
unless the board of elections of each county where the equipment	68963
will be used has assured that a demonstration of the use of the	68964
equipment has been made available to all interested electors. The	68965
secretary of state shall appoint a board of voting machine	68966
examiners to examine and approve equipment and its related manuals	68967
and support arrangements. The board shall consist of four members,	68968
who shall be appointed as follows:	68969

(1) Two members appointed by the secretary of state.

68970

(2) One member appointed by either the speaker of the house	68971
of representatives or the minority leader of the house of	68972
representatives, whichever is a member of the opposite political	68973
party from the one to which the secretary of state belongs.	68974

(3) One member appointed by either the president of the	68975
senate or the minority leader of the senate, whichever is a member	68976
of the opposite political party from the one to which the	68977
secretary of state belongs.	68978

In all cases of a tie vote or a disagreement in the board, if	68979
no decision can be arrived at, the board shall submit the matter	68980
in controversy to the secretary of state, who shall summarily	68981
decide the question, and the secretary of state's decision shall	68982
be final. Each member of the board shall be a competent and	68983
experienced election officer or a person who is knowledgeable	68984
about the operation of voting equipment and shall serve during the	68985
secretary of state's term. Any vacancy on the board shall be	68986
filled in the same manner as the original appointment. The	68987
secretary of state shall provide staffing assistance to the board,	68988
at the board's request.	68989

For the member's service, each member of the board shall	68990
receive three hundred dollars per day for each combination of	68991
marking device, tabulating equipment, and voting machine examined	68992
and reported, but in no event shall a member receive more than six	68993
hundred dollars to examine and report on any one marking device,	68994
item of tabulating equipment, or voting machine. Each member of	68995
the board shall be reimbursed for expenses the member incurs	68996
during an examination or during the performance of any related	68997
duties that may be required by the secretary of state.	68998
Reimbursement of these expenses shall be made in accordance with,	68999
and shall not exceed, the rates provided for under section 126.31	69000
of the Revised Code.	69001

Neither the secretary of state nor the board, nor any public	69002
officer who participates in the authorization, examination,	69003
testing, or purchase of equipment, shall have any pecuniary	69004
interest in the equipment or any affiliation with the vendor.	69005

(C)(1) A vendor who desires to have the secretary of state	69006
certify equipment shall first submit the equipment, all current	69007
related procedural manuals, and a current description of all	69008
related support arrangements to the board of voting machine	69009
examiners for examination, testing, and approval. The submission	69010
shall be accompanied by a fee of ~~eighteen~~two thousand four	69011
hundred dollars and a detailed explanation of the construction and	69012
method of operation of the equipment, a full statement of its	69013
advantages, and a list of the patents and copyrights used in	69014
operations essential to the processes of vote recording and	69015
tabulating, vote storage, system security, and other crucial	69016
operations of the equipment as may be determined by the board. An	69017
additional fee, in an amount to be set by rules promulgated by the	69018
board, may be imposed to pay for the costs of alternative testing	69019
or testing by persons other than board members, record-keeping,	69020
and other extraordinary costs incurred in the examination process.	69021
Moneys not used shall be returned to the person or entity	69022
submitting the equipment for examination.	69023

(2) Fees collected by the secretary of state under this	69024
section shall be deposited into the state treasury to the credit	69025
of the board of voting machine examiners fund, which is hereby	69026
created. All moneys credited to this fund shall be used solely for	69027
the purpose of paying for the services and expenses of each member	69028
of the board or for other expenses incurred relating to the	69029
examination, testing, reporting, or certification of voting	69030
machine devices, the performance of any related duties as required	69031
by the secretary of state, or the reimbursement of any person	69032
submitting an examination fee as provided in this chapter.	69033

(D) Within sixty days after the submission of the equipment	69034
and payment of the fee, or as soon thereafter as is reasonably	69035
practicable, but in any event within not more than ninety days	69036
after the submission and payment, the board of voting machine	69037
examiners shall examine the equipment and file with the secretary	69038
of state a written report on the equipment with its	69039
recommendations and its determination or condition of approval	69040
regarding whether the equipment, manual, and other related	69041
materials or arrangements meet the criteria set forth in sections	69042
3506.07 and 3506.10 of the Revised Code and can be safely used by	69043
the voters at elections under the conditions prescribed in Title	69044
XXXV of the Revised Code, or a written statement of reasons for	69045
which testing requires a longer period. The board may grant	69046
temporary approval for the purpose of allowing experimental use of	69047
equipment. If the board finds that the equipment meets the	69048
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	69049
the Revised Code, can be used safely and can be depended upon to	69050
record and count accurately and continuously the votes of	69051
electors, and has the capacity to be warranted, maintained, and	69052
serviced, it shall approve the equipment and recommend that the	69053
secretary of state certify the equipment. The secretary of state	69054
shall notify all boards of elections of any such certification.	69055
Equipment of the same model and make, if it provides for recording	69056
of voter intent, system security, voter privacy, retention of	69057
vote, and communication of voting records in an identical manner,	69058
may then be adopted for use at elections.	69059

(E) The vendor shall notify the secretary of state, who shall	69060
then notify the board of voting machine examiners, of any	69061
enhancement and any significant adjustment to the hardware or	69062
software that could result in a patent or copyright change or that	69063
significantly alters the methods of recording voter intent, system	69064
security, voter privacy, retention of the vote, communication of	69065
voting records, and connections between the system and other	69066
systems. The vendor shall provide the secretary of state with an	69067
updated operations manual for the equipment, and the secretary of	69068
state shall forward the manual to the board. Upon receiving such a	69069
notification and manual, the board may require the vendor to	69070
submit the equipment to an examination and test in order for the	69071
equipment to remain certified. The board or the secretary of state	69072
shall periodically examine, test, and inspect certified equipment	69073
to determine continued compliance with the requirements of this	69074
chapter and the initial certification. Any examination, test, or	69075
inspection conducted for the purpose of continuing certification	69076
of any equipment in which a significant problem has been uncovered	69077
or in which a record of continuing problems exists shall be	69078
performed pursuant to divisions (C) and (D) of this section, in	69079
the same manner as the examination, test, or inspection is	69080
performed for initial approval and certification.	69081

(F) If, at any time after the certification of equipment, the	69082
board of voting machine examiners or the secretary of state is	69083
notified by a board of elections of any significant problem with	69084
the equipment or determines that the equipment fails to meet the	69085
requirements necessary for approval or continued compliance with	69086
the requirements of this chapter, or if the board of voting	69087
machine examiners determines that there are significant	69088
enhancements or adjustments to the hardware or software, or if	69089
notice of such enhancements or adjustments has not been given as	69090
required by division (E) of this section, the secretary of state	69091
shall notify the users and vendors of that equipment that	69092
certification of the equipment may be withdrawn.	69093

(G)(1) The notice given by the secretary of state under	69094
division (F) of this section shall be in writing and shall specify	69095
both of the following:	69096

(a) The reasons why the certification may be withdrawn;

69097

(b) The date on which certification will be withdrawn unless	69098
the vendor takes satisfactory corrective measures or explains why	69099
there are no problems with the equipment or why the enhancements	69100
or adjustments to the equipment are not significant.	69101

(2) A vendor who receives a notice under division (F) of this	69102
section shall, within thirty days after receiving it, submit to	69103
the board of voting machine examiners in writing a description of	69104
the corrective measures taken and the date on which they were	69105
taken, or the explanation required under division (G)(1)(b) of	69106
this section.	69107

(3) Not later than fifteen days after receiving a written	69108
description or explanation under division (G)(2) of this section	69109
from a vendor, the board shall determine whether the corrective	69110
measures taken or the explanation is satisfactory to allow	69111
continued certification of the equipment, and the secretary of	69112
state shall send the vendor a written notice of the board's	69113
determination, specifying the reasons for it. If the board has	69114
determined that the measures taken or the explanation given is	69115
unsatisfactory, the notice shall include the effective date of	69116
withdrawal of the certification. This date may be different from	69117
the date originally specified in division (G)(1)(b) of this	69118
section.	69119

(4) A vendor who receives a notice under division (G)(3) of	69120
this section indicating a decision to withdraw certification may,	69121
within thirty days after receiving it, request in writing that the	69122
board hold a hearing to reconsider its decision. Any interested	69123
party shall be given the opportunity to submit testimony or	69124
documentation in support of or in opposition to the board's	69125
recommendation to withdraw certification. Failure of the vendor to	69126
take appropriate steps as described in division (G)(1)(b) or to	69127
comply with division (G)(2) of this section results in a waiver of	69128
the vendor's rights under division (G)(4) of this section.	69129

(H)(1) The secretary of state, in consultation with the board	69130
of voting machine examiners, shall establish, by rule, guidelines	69131
for the approval, certification, and continued certification of	69132
the voting machines, marking devices, and tabulating equipment to	69133
be used under Title XXXV of the Revised Code. The guidelines shall	69134
establish procedures requiring vendors or computer software	69135
developers to place in escrow with an independent escrow agent	69136
approved by the secretary of state a copy of all source code and	69137
related documentation, together with periodic updates as they	69138
become known or available. The secretary of state shall require	69139
that the documentation include a system configuration and that the	69140
source code include all relevant program statements in low- or	69141
high-level languages. As used in this division, "source code" does	69142
not include variable codes created for specific elections.	69143

(2) Nothing in any rule adopted under division (H) of this	69144
section shall be construed to limit the ability of the secretary	69145
of state to follow or adopt, or to preclude the secretary of state	69146
from following or adopting, any guidelines proposed by the federal	69147
election commission, any entity authorized by the federal election	69148
commission to propose guidelines, the election assistance	69149
commission, or any entity authorized by the election assistance	69150
commission to propose guidelines.	69151

(3)(a) Before the initial certification of any direct	69152
recording electronic voting machine with a voter verified paper	69153
audit trail, and as a condition for the continued certification	69154
and use of those machines, the secretary of state shall establish,	69155
by rule, standards for the certification of those machines. Those	69156
standards shall include, but are not limited to, all of the	69157
following:	69158

(i) A definition of a voter verified paper audit trail as a	69159
paper record of the voter's choices that is verified by the voter	69160
prior to the casting of the voter's ballot and that is securely	69161
retained by the board of elections;	69162

(ii) Requirements that the voter verified paper audit trail	69163
shall not be retained by any voter and shall not contain	69164
individual voter information;	69165

(iii) A prohibition against the production by any direct	69166
recording electronic voting machine of anything that legally could	69167
be removed by the voter from the polling place, such as a receipt	69168
or voter confirmation;	69169

(iv) A requirement that paper used in producing a voter	69170
verified paper audit trail be sturdy, clean, and resistant to	69171
degradation;	69172

(v) A requirement that the voter verified paper audit trail	69173
shall be capable of being optically scanned for the purpose of	69174
conducting a recount or other audit of the voting machine and	69175
shall be readable in a manner that makes the voter's ballot	69176
choices obvious to the voter without the use of computer or	69177
electronic codes;	69178

(vi) A requirement, for office-type ballots, that the voter	69179
verified paper audit trail include the name of each candidate	69180
selected by the voter;	69181

(vii) A requirement, for questions and issues ballots, that	69182
the voter verified paper audit trail include the title of the	69183
question or issue, the name of the entity that placed the question	69184
or issue on the ballot, and the voter's ballot selection on that	69185
question or issue, but not the entire text of the question or	69186
issue.	69187

(b) The secretary of state, by rule adopted under Chapter	69188
119. of the Revised Code, may waive the requirement under division	69189
(H)(3)(a)(v) of this section, if the secretary of state determines	69190
that the requirement is cost prohibitive.	69191

(4)(a) Except as otherwise provided in division (H)(4)(c) of	69192
this section, any voting machine, marking device, or automatic	69193
tabulating equipment initially certified or acquired on or after	69194
December 1, 2008, shall have the most recent federal certification	69195
number issued by the election assistance commission.	69196

(b) Any voting machine, marking device, or automatic	69197
tabulating equipment certified for use in this state on ~~the~~	69198
~~effective date of this amendment~~September 12, 2008, shall meet,	69199
as a condition of continued certification and use, the voting	69200
system standards adopted by the federal election commission in	69201
2002.	69202

(c) A county that acquires additional voting machines,	69203
marking devices, or automatic tabulating equipment on or after	69204
December 1, 2008, shall not be considered to have acquired those	69205
machines, devices, or equipment on or after December 1, 2008, for	69206
the purpose of division (H)(4)(a) of this section if all of the	69207
following apply:	69208

(i) The voting machines, marking devices, or automatic	69209
tabulating equipment acquired are the same as the machines,	69210
devices, or equipment currently used in that county.	69211

(ii) The acquisition of the voting machines, marking devices,	69212
or automatic tabulating equipment does not replace or change the	69213
primary voting system used in that county.	69214

(iii) The acquisition of the voting machines, marking	69215
devices, or automatic tabulating equipment is for the purpose of	69216
replacing inoperable machines, devices, or equipment or for the	69217
purpose providing additional machines, devices, or equipment	69218
required to meet the allocation requirements established pursuant	69219
to division (I) of section 3501.11 of the Revised Code.	69220

Sec. 3701.021. (A) The public health council shall adopt, in	69221
accordance with Chapter 119. of the Revised Code, such rules as	69222
are necessary to carry out sections 3701.021 to 3701.0210 of the	69223
Revised Code, including, but not limited to, rules to establish	69224
the following:	69225

(1) Medical and financial eligibility requirements for the	69226
program for medically handicapped children;	69227

(2) Eligibility requirements for providers of services for	69228
medically handicapped children;	69229

(3) Procedures to be followed by the department of health in	69230
disqualifying providers for violating requirements adopted under	69231
division (A)(2) of this section;	69232

(4) Procedures to be used by the department regarding	69233
application for diagnostic services under division (B) of section	69234
3701.023 of the Revised Code and payment for those services under	69235
division (E) of that section;	69236

(5) Standards for the provision of service coordination by	69237
the department of health and city and general health districts;	69238

(6) Procedures for the department to use to determine the	69239
amount to be paid annually by each county for services for	69240
medically handicapped children and to allow counties to retain	69241
funds under divisions (A)(2) and (3) of section 3701.024 of the	69242
Revised Code;	69243

(7) Financial eligibility requirements for services for Ohio	69244
residents twenty-one years of age or older who have cystic	69245
fibrosis;	69246

(8) Criteria for payment of approved providers who provide	69247
services for medically handicapped children;	69248

(9) Criteria for the department to use in determining whether	69249
the payment of health insurance premiums of participants in the	69250
program for medically handicapped children is cost-effective;	69251

(10) Procedures for appeal of denials of applications under	69252
divisions (A) and (D) of section 3701.023 of the Revised Code,	69253
disqualification of providers, and amounts paid for services;	69254

(11) Terms of appointment for members of the medically	69255
handicapped children's medical advisory council created in section	69256
3701.025 of the Revised Code;	69257

(12) Eligibility requirements for the hemophilia program,	69258
including income and hardship requirements;	69259

(13) If a manufacturer discount program is established under	69260
division (J)(1) of section 3701.023 of the Revised Code,	69261
procedures for administering the program, including criteria and	69262
other requirements for participation in the program by	69263
manufacturers of drugs and nutritional formulas.	69264

(B) The department of health shall develop a manual of	69265
operational procedures and guidelines for the program for	69266
medically handicapped children to implement sections 3701.021 to	69267
3701.0210 of the Revised Code.	69268

Sec. 3701.023. (A) The department of health shall review	69269
applications for eligibility for the program for medically	69270
handicapped children that are submitted to the department by city	69271
and general health districts and physician providers approved in	69272
accordance with division (C) of this section. The department shall	69273
determine whether the applicants meet the medical and financial	69274
eligibility requirements established by the public health council	69275
pursuant to division (A)(1) of section 3701.021 of the Revised	69276
Code, and by the department in the manual of operational	69277
procedures and guidelines for the program for medically	69278
handicapped children developed pursuant to division (B) of that	69279
section. Referrals of potentially eligible children for the	69280
program may be submitted to the department on behalf of the child	69281
by parents, guardians, public health nurses, or any other	69282
interested person. The department of health may designate other	69283
agencies to refer applicants to the department of health.	69284

(B) In accordance with the procedures established in rules	69285
adopted under division (A)(4) of section 3701.021 of the Revised	69286
Code, the department of health shall authorize a provider or	69287
providers to provide to any Ohio resident under twenty-one years	69288
of age, without charge to the resident or the resident's family	69289
and without restriction as to the economic status of the resident	69290
or the resident's family, diagnostic services necessary to	69291
determine whether the resident has a medically handicapping or	69292
potentially medically handicapping condition.	69293

(C) The department of health shall review the applications of	69294
health professionals, hospitals, medical equipment suppliers, and	69295
other individuals, groups, or agencies that apply to become	69296
providers. The department shall enter into a written agreement	69297
with each applicant who is determined, pursuant to the	69298
requirements set forth in rules adopted under division (A)(2) of	69299
section 3701.021 of the Revised Code, to be eligible to be a	69300
provider in accordance with the provider agreement required by the	69301
medical assistance program established under section 5111.01 of	69302
the Revised Code. No provider shall charge a medically handicapped	69303
child or the child's parent or guardian for services authorized by	69304
the department under division (B) or (D) of this section.	69305

The department, in accordance with rules adopted under	69306
division (A)(3) of section 3701.021 of the Revised Code, may	69307
disqualify any provider from further participation in the program	69308
for violating any requirement set forth in rules adopted under	69309
division (A)(2) of that section. The disqualification shall not	69310
take effect until a written notice, specifying the requirement	69311
violated and describing the nature of the violation, has been	69312
delivered to the provider and the department has afforded the	69313
provider an opportunity to appeal the disqualification under	69314
division (H) of this section.	69315

(D) The department of health shall evaluate applications from	69316
city and general health districts and approved physician providers	69317
for authorization to provide treatment services, service	69318
coordination, and related goods to children determined to be	69319
eligible for the program for medically handicapped children	69320
pursuant to division (A) of this section. The department shall	69321
authorize necessary treatment services, service coordination, and	69322
related goods for each eligible child in accordance with an	69323
individual plan of treatment for the child. As an alternative, the	69324
department may authorize payment of health insurance premiums on	69325
behalf of eligible children when the department determines, in	69326
accordance with criteria set forth in rules adopted under division	69327
(A)(9) of section 3701.021 of the Revised Code, that payment of	69328
the premiums is cost-effective.	69329

(E) The department of health shall pay, from appropriations	69330
to the department, any necessary expenses, including but not	69331
limited to, expenses for diagnosis, treatment, service	69332
coordination, supportive services, transportation, and accessories	69333
and their upkeep, provided to medically handicapped children,	69334
provided that the provision of the goods or services is authorized	69335
by the department under division (B) or (D) of this section. Money	69336
appropriated to the department of health may also be expended for	69337
reasonable administrative costs incurred by the program. The	69338
department of health also may purchase liability insurance	69339
covering the provision of services under the program for medically	69340
handicapped children by physicians and other health care	69341
professionals.	69342

Payments made to providers by the department of health	69343
pursuant to this division for inpatient hospital care, outpatient	69344
care, and all other medical assistance furnished to eligible	69345
recipients shall be made in accordance with rules adopted by the	69346
public health council pursuant to division (A) of section 3701.021	69347
of the Revised Code.	69348

The departments of health and job and family services shall	69349
jointly implement procedures to ensure that duplicate payments are	69350
not made under the program for medically handicapped children and	69351
the medical assistance program established under section 5111.01	69352
of the Revised Code and to identify and recover duplicate	69353
payments.	69354

(F) At the time of applying for participation in the program	69355
for medically handicapped children, a medically handicapped child	69356
or the child's parent or guardian shall disclose the identity of	69357
any third party against whom the child or the child's parent or	69358
guardian has or may have a right of recovery for goods and	69359
services provided under division (B) or (D) of this section. The	69360
department of health shall require a medically handicapped child	69361
who receives services from the program or the child's parent or	69362
guardian to apply for all third-party benefits for which the child	69363
may be eligible and require the child, parent, or guardian to	69364
apply all third-party benefits received to the amount determined	69365
under division (E) of this section as the amount payable for goods	69366
and services authorized under division (B) or (D) of this section.	69367
The department is the payer of last resort and shall pay for	69368
authorized goods or services, up to the amount determined under	69369
division (E) of this section for the authorized goods or services,	69370
only to the extent that payment for the authorized goods or	69371
services is not made through third-party benefits. When a third	69372
party fails to act on an application or claim for benefits by a	69373
medically handicapped child or the child's parent or guardian, the	69374
department shall pay for the goods or services only after ninety	69375
days have elapsed since the date the child, parents, or guardians	69376
made an application or claim for all third-party benefits.	69377
Third-party benefits received shall be applied to the amount	69378
determined under division (E) of this section. Third-party	69379
payments for goods and services not authorized under division (B)	69380
or (D) of this section shall not be applied to payment amounts	69381
determined under division (E) of this section. Payment made by the	69382
department shall be considered payment in full of the amount	69383
determined under division (E) of this section. Medicaid payments	69384
for persons eligible for the medical assistance program	69385
established under section 5111.01 of the Revised Code shall be	69386
considered payment in full of the amount determined under division	69387
(E) of this section.	69388

(G) The department of health shall administer a program to	69389
provide services to Ohio residents who are twenty-one or more	69390
years of age who have cystic fibrosis and who meet the eligibility	69391
requirements established by the rules of the public health council	69392
pursuant to division (A)(7) of section 3701.021 of the Revised	69393
Code, subject to all provisions of this section, but not subject	69394
to section 3701.024 of the Revised Code.	69395

(H) The department of health shall provide for appeals, in	69396
accordance with rules adopted under section 3701.021 of the	69397
Revised Code, of denials of applications for the program for	69398
medically handicapped children under division (A) or (D) of this	69399
section, disqualification of providers, or amounts paid under	69400
division (E) of this section. Appeals under this division are not	69401
subject to Chapter 119. of the Revised Code.	69402

The department may designate ombudspersons to assist	69403
medically handicapped children or their parents or guardians, upon	69404
the request of the children, parents, or guardians, in filing	69405
appeals under this division and to serve as children's, parents',	69406
or guardians' advocates in matters pertaining to the	69407
administration of the program for medically handicapped children	69408
and eligibility for program services. The ombudspersons shall	69409
receive no compensation but shall be reimbursed by the department,	69410
in accordance with rules of the office of budget and management,	69411
for their actual and necessary travel expenses incurred in the	69412
performance of their duties.	69413

(I) The department of health, and city and general health	69414
districts providing service coordination pursuant to division	69415
(A)(2) of section 3701.024 of the Revised Code, shall provide	69416
service coordination in accordance with the standards set forth in	69417
the rules adopted under section 3701.021 of the Revised Code,	69418
without charge, and without restriction as to economic status.	69419

(J)(1) The department of health may establish a manufacturer	69420
discount program under which a manufacturer of a drug or	69421
nutritional formula is permitted to enter into an agreement with	69422
the department to provide a discount on the price of the drug or	69423
nutritional formula distributed to medically handicapped children	69424
participating in the program for medically handicapped children.	69425
The program shall be administered in accordance with rules adopted	69426
under section 3701.021 of the Revised Code.	69427

(2) If a manufacturer enters into an agreement with the	69428
department as described in division (J)(1) of this section, the	69429
manufacturer and the department shall negotiate the amount and	69430
terms of the discount.	69431

(3) In lieu of establishing a discount program as described	69432
in division (J)(1) of this section, the department and a	69433
manufacturer of a drug or nutritional formula may discuss a	69434
donation of drugs or nutritional formulas or a grant of money by	69435
the manufacturer to the department.	69436

Sec. 3701.0211. For each year that federal funds are made	69437
available to states under Title V of the "Social Security Act,"	69438
124 Stat. 352 (2010), 42 U.S.C. 710, as amended, for use in	69439
providing abstinence education, the director of health shall	69440
submit to the United States secretary of health and human services	69441
an application for the allotment of those funds that is available	69442
to this state. The director shall use the funds received in	69443
accordance with any conditions under which the application was	69444
approved.	69445

Sec. 3701.032. The director of health may adopt rules	69446
defining what constitutes a "health home" for the purpose of any	69447
entity that is authorized to provide care coordination services.	69448
The rules shall be adopted in accordance with Chapter 119. of the	69449
Revised Code.	69450

Sec. 3701.07. (A) The public health council shall adopt	69451
rules in accordance with Chapter 119. of the Revised Code defining	69452
and classifying hospitals and dispensaries and providing for the	69453
reporting of information by hospitals and dispensaries. Except as	69454
otherwise provided in the Revised Code, the rules providing for	69455
the reporting of information shall not require inclusion of any	69456
confidential patient data or any information concerning the	69457
financial condition, income, expenses, or net worth of the	69458
facilities other than that financial information already contained	69459
in those portions of the medicare or medicaid cost report that is	69460
necessary for the department of health to certify the per diem	69461
cost under section 3701.62 of the Revised Code. The rules may	69462
require the reporting of information in the following categories:	69463

(1) Information needed to identify and classify the	69464
institution;	69465

(2) Information on facilities and type and volume of services	69466
provided by the institution;	69467

(3) The number of beds listed by category of care provided;

69468

(4) The number of licensed or certified professional	69469
employees by classification;	69470

(5) The number of births that occurred at the institution the	69471
previous calendar year;	69472

(6) Any other information that the council considers relevant	69473
to the safety of patients served by the institution.	69474

Every hospital and dispensary, public or private, annually	69475
shall register with and report to the department of health.	69476
Reports shall be submitted in the manner prescribed in rules	69477
adopted under this division.	69478

(B) Every governmental entity or private nonprofit	69479
corporation or association whose employees or representatives are	69480
defined as residents' rights advocates under divisions (E)(1) and	69481
(2) of section 3721.10 ~~or division (A)(10) of section 3722.01~~ of	69482
the Revised Code shall register with the department of health on	69483
forms furnished by the director of health and shall provide such	69484
reasonable identifying information as the director may prescribe.	69485

The department shall compile a list of the governmental	69486
entities, corporations, or associations registering under this	69487
division and shall update the list annually. Copies of the list	69488
shall be made available to nursing home administrators as defined	69489
in division (C) of section 3721.10 of the Revised Code and to	69490
adult care facility managers as defined in section ~~3722.01~~5119.70	69491
of the Revised Code.	69492

Sec. 3701.61. (A) The department of health shall establish	69493
the help me grow program ~~for the purpose of encouraging~~to	69494
encourage early prenatal and well-baby care, provide parenting	69495
education to promote the comprehensive health and development of	69496
children, and provide early intervention services in accordance	69497
with part C of the "Individuals with Disabilities Education Act,"	69498
118 Stat. 2744 (2004), 20 U.S.C. 1431 et seq. The program shall	69499
include ~~distributing subsidies to counties to provide~~ the	69500
following services:	69501

(1) ~~Home-visiting~~Home visiting services to ~~newborn infants~~	69502
~~and their~~ families with a pregnant woman or an infant or toddler	69503
under three years of age who meet the eligibility requirements	69504
established in rules adopted under this section;	69505

(2) ~~Services~~Part C early intervention services to infants	69506
and toddlers under three years of age who ~~are at risk for, or who~~	69507
~~have, a developmental delay or disability and their families~~meet	69508
the eligibility requirements established in rules adopted under	69509
this section.	69510

(B) The ~~department shall not provide home-visiting services~~	69511
~~under the help me grow program unless requested in writing by a~~	69512
~~parent of the infant or toddler~~director of health may enter into	69513
an interagency agreement with one or more state agencies to	69514
implement the help me grow program and ensure coordination of	69515
early childhood programs.	69516

(C) The director may distribute help me grow program funds	69517
through contracts, grants, or subsidies to entities providing	69518
services under the program.	69519

(D) To the extent funds are available, the department shall	69520
establish a system of payment to providers of home visiting and	69521
part C early intervention services.	69522

~~(C)~~(E) As a condition of receiving payments for home visiting	69523
services, providers shall report to the director data on the	69524
program performance indicators that are used to assess progress	69525
toward achieving the goals of the program. The report shall	69526
include data on the performance indicator of birth outcomes,	69527
including risk indicators of low birth weight and preterm births,	69528
and data on all other performance indicators specified in rules	69529
adopted under this section. The providers shall report the data in	69530
the format and within the time frames specified in the rules.	69531

The director shall prepare an annual report on the data	69532
received from the providers.	69533

(F) Pursuant to Chapter 119. of the Revised Code, the	69534
~~department~~director shall adopt rules that are necessary and	69535
proper to implement this section. The rules shall specify all of	69536
the following:	69537

(1) Eligibility requirements for home visiting services and	69538
part C early intervention services;	69539

(2) Eligibility requirements for providers of home visiting	69540
services and providers of part C early intervention services;	69541

(3) Standards and procedures for the provision of program	69542
services, including data collection, program monitoring, and	69543
program evaluation;	69544

(4) Procedures for appealing the denial of an application for	69545
program services or the termination of services;	69546

(5) Procedures for appealing the denial of an application to	69547
become a provider of program services or the termination of the	69548
department's approval of a provider;	69549

(6) Procedures for addressing complaints;

69550

(7) The program performance indicators on which data must be	69551
reported by providers of home visiting services under division (E)	69552
of this section, which, to the extent possible, shall be	69553
consistent with federal reporting requirements for federally	69554
funded home visiting services;	69555

(8) The format in which reports must be submitted under	69556
division (E) of this section and the time frames within which the	69557
reports must be submitted;	69558

(9) Criteria for payment of approved providers of program	69559
services;	69560

(10) Any other rules necessary to implement the program.

69561

(G) A family enrolled in the help me grow at-risk program on	69562
the effective date of this amendment shall be eligible for at-risk	69563
services until December 31, 2013, or until the eligible child	69564
reaches three years of age, whichever occurs first.	69565

Sec. 3701.74. (A) As used in this section and section	69566
3701.741 of the Revised Code:	69567

(1) "Ambulatory care facility" means a facility that provides	69568
medical, diagnostic, or surgical treatment to patients who do not	69569
require hospitalization, including a dialysis center, ambulatory	69570
surgical facility, cardiac catheterization facility, diagnostic	69571
imaging center, extracorporeal shock wave lithotripsy center, home	69572
health agency, inpatient hospice, birthing center, radiation	69573
therapy center, emergency facility, and an urgent care center.	69574
"Ambulatory care facility" does not include the private office of	69575
a physician or dentist, whether the office is for an individual or	69576
group practice.	69577

(2) "Chiropractor" means an individual licensed under Chapter	69578
4734. of the Revised Code to practice chiropractic.	69579

(3) "Emergency facility" means a hospital emergency	69580
department or any other facility that provides emergency medical	69581
services.	69582

(4) "Health care practitioner" means all of the following:

69583

(a) A dentist or dental hygienist licensed under Chapter	69584
4715. of the Revised Code;	69585

(b) A registered or licensed practical nurse licensed under	69586
Chapter 4723. of the Revised Code;	69587

(c) An optometrist licensed under Chapter 4725. of the	69588
Revised Code;	69589

(d) A dispensing optician, spectacle dispensing optician,	69590
contact lens dispensing optician, or spectacle-contact lens	69591
dispensing optician licensed under Chapter 4725. of the Revised	69592
Code;	69593

(e) A pharmacist licensed under Chapter 4729. of the Revised	69594
Code;	69595

(f) A physician;

69596

(g) A physician assistant authorized under Chapter 4730. of	69597
the Revised Code to practice as a physician assistant;	69598

(h) A practitioner of a limited branch of medicine issued a	69599
certificate under Chapter 4731. of the Revised Code;	69600

(i) A psychologist licensed under Chapter 4732. of the	69601
Revised Code;	69602

(j) A chiropractor;

69603

(k) A hearing aid dealer or fitter licensed under Chapter	69604
4747. of the Revised Code;	69605

(l) A speech-language pathologist or audiologist licensed	69606
under Chapter 4753. of the Revised Code;	69607

(m) An occupational therapist or occupational therapy	69608
assistant licensed under Chapter 4755. of the Revised Code;	69609

(n) A physical therapist or physical therapy assistant	69610
licensed under Chapter 4755. of the Revised Code;	69611

(o) A professional clinical counselor, professional	69612
counselor, social worker, or independent social worker licensed,	69613
or a social work assistant registered, under Chapter 4757. of the	69614
Revised Code;	69615

(p) A dietitian licensed under Chapter 4759. of the Revised	69616
Code;	69617

(q) A respiratory care professional licensed under Chapter	69618
4761. of the Revised Code;	69619

(r) An emergency medical technician-basic, emergency medical	69620
technician-intermediate, or emergency medical technician-paramedic	69621
certified under Chapter 4765. of the Revised Code.	69622

(5) "Health care provider" means a hospital, ambulatory care	69623
facility, long-term care facility, pharmacy, emergency facility,	69624
or health care practitioner.	69625

(6) "Hospital" has the same meaning as in section 3727.01 of	69626
the Revised Code.	69627

(7) "Long-term care facility" means a nursing home,	69628
residential care facility, or home for the aging, as those terms	69629
are defined in section 3721.01 of the Revised Code; an adult care	69630
facility, as defined in section ~~3722.01~~5119.70 of the Revised	69631
Code; a nursing facility or intermediate care facility for the	69632
mentally retarded, as those terms are defined in section 5111.20	69633
of the Revised Code; a facility or portion of a facility certified	69634
as a skilled nursing facility under Title XVIII of the "Social	69635
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	69636

(8) "Medical record" means data in any form that pertains to	69637
a patient's medical history, diagnosis, prognosis, or medical	69638
condition and that is generated and maintained by a health care	69639
provider in the process of the patient's health care treatment.	69640

(9) "Medical records company" means a person who stores,	69641
locates, or copies medical records for a health care provider, or	69642
is compensated for doing so by a health care provider, and charges	69643
a fee for providing medical records to a patient or patient's	69644
representative.	69645

(10) "Patient" means either of the following:

69646

(a) An individual who received health care treatment from a	69647
health care provider;	69648

(b) A guardian, as defined in section 1337.11 of the Revised	69649
Code, of an individual described in division (A)(10)(a) of this	69650
section.	69651

(11) "Patient's personal representative" means a minor	69652
patient's parent or other person acting in loco parentis, a	69653
court-appointed guardian, or a person with durable power of	69654
attorney for health care for a patient, the executor or	69655
administrator of the patient's estate, or the person responsible	69656
for the patient's estate if it is not to be probated. "Patient's	69657
personal representative" does not include an insurer authorized	69658
under Title XXXIX of the Revised Code to do the business of	69659
sickness and accident insurance in this state, a health insuring	69660
corporation holding a certificate of authority under Chapter 1751.	69661
of the Revised Code, or any other person not named in this	69662
division.	69663

(12) "Pharmacy" has the same meaning as in section 4729.01 of	69664
the Revised Code.	69665

(13) "Physician" means a person authorized under Chapter	69666
4731. of the Revised Code to practice medicine and surgery,	69667
osteopathic medicine and surgery, or podiatric medicine and	69668
surgery.	69669

(14) "Authorized person" means a person to whom a patient has	69670
given written authorization to act on the patient's behalf	69671
regarding the patient's medical record.	69672

(B) A patient, a patient's personal representative or an	69673
authorized person who wishes to examine or obtain a copy of part	69674
or all of a medical record shall submit to the health care	69675
provider a written request signed by the patient, personal	69676
representative, or authorized person dated not more than one year	69677
before the date on which it is submitted. The request shall	69678
indicate whether the copy is to be sent to the requestor,	69679
physician or chiropractor, or held for the requestor at the office	69680
of the health care provider. Within a reasonable time after	69681
receiving a request that meets the requirements of this division	69682
and includes sufficient information to identify the record	69683
requested, a health care provider that has the patient's medical	69684
records shall permit the patient to examine the record during	69685
regular business hours without charge or, on request, shall	69686
provide a copy of the record in accordance with section 3701.741	69687
of the Revised Code, except that if a physician or chiropractor	69688
who has treated the patient determines for clearly stated	69689
treatment reasons that disclosure of the requested record is	69690
likely to have an adverse effect on the patient, the health care	69691
provider shall provide the record to a physician or chiropractor	69692
designated by the patient. The health care provider shall take	69693
reasonable steps to establish the identity of the person making	69694
the request to examine or obtain a copy of the patient's record.	69695

(C) If a health care provider fails to furnish a medical	69696
record as required by division (B) of this section, the patient,	69697
personal representative, or authorized person who requested the	69698
record may bring a civil action to enforce the patient's right of	69699
access to the record.	69700

(D)(1) This section does not apply to medical records whose	69701
release is covered by section 173.20 or 3721.13 of the Revised	69702
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.	69703
part 2, "Confidentiality of Alcohol and Drug Abuse Patient	69704
Records," or by 42 C.F.R. 483.10.	69705

(2) Nothing in this section is intended to supersede the	69706
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	69707
and 2305.252 of the Revised Code.	69708

Sec. 3701.83. (A) There is hereby created in the state	69709
treasury the general operations fund. Moneys in the fund shall be	69710
used for the purposes specified in sections 3701.04, 3701.344,	69711
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, ~~3722.04,~~	69712
3729.07, ~~3733.04, 3733.25, 3733.43,~~ 3748.04, 3748.05, 3748.07,	69713
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09	69714
of the Revised Code.	69715

(B) The alcohol testing program fund is hereby created in the	69716
state treasury. The director of health shall use the fund to	69717
administer and enforce the alcohol testing and permit program	69718
authorized by section 3701.143 of the Revised Code.	69719

The fund shall receive transfers from the liquor control fund	69720
created under section 4301.12 of the Revised Code. All investment	69721
earnings of the alcohol testing program fund shall be credited to	69722
the fund.	69723

Sec. 3702.59. (A) The director of health shall accept for	69724
review certificate of need applications as provided in sections	69725
3702.592, 3702.593, and 3702.594 of the Revised Code.	69726

(B)(1) The director shall not approve an application for a	69727
certificate of need for the addition of long-term care beds to an	69728
existing health care facility or for the development of a new	69729
health care facility if any of the following apply:	69730

(a) The existing health care facility in which the beds are	69731
being placed has one or more waivers for life safety code	69732
deficiencies, one or more state fire code violations, or one or	69733
more state building code violations, and the project identified in	69734
the application does not propose to correct all life safety code	69735
deficiencies for which a waiver has been granted, all state fire	69736
code violations, and all state building code violations at the	69737
existing health care facility in which the beds are being placed;	69738

(b) During the sixty-month period preceding the filing of the	69739
application, a notice of proposed license revocation was issued	69740
under section 3721.03 of the Revised Code for the existing health	69741
care facility in which the beds are being placed or a nursing home	69742
owned or operated by the applicant or a principal participant.	69743

(c) During the period that precedes the filing of the	69744
application and is encompassed by the three most recent standard	69745
surveys of the existing health care facility in which the beds are	69746
being placed, any of the following occurred:	69747

(i) The facility was cited on three or more separate	69748
occasions for final, nonappealable actual harm but not immediate	69749
jeopardy deficiencies.	69750

(ii) The facility was cited on two or more separate occasions	69751
for final, nonappealable immediate jeopardy deficiencies.	69752

(iii) The facility was cited on two separate occasions for	69753
final, nonappealable actual harm but not immediate jeopardy	69754
deficiencies and on one occasion for a final, nonappealable	69755
immediate jeopardy deficiency.	69756

(d) More than two nursing homes owned or operated in this	69757
state by the applicant or a principal participant or, if the	69758
applicant or a principal participant owns or operates more than	69759
twenty nursing homes in this state, more than ten per cent of	69760
those nursing homes, were each cited during the period that	69761
precedes the filing of the application for the certificate of need	69762
and is encompassed by the three most recent standard surveys of	69763
the nursing homes that were so cited in any of the following	69764
manners:	69765

(i) On three or more separate occasions for final,	69766
nonappealable actual harm but not immediate jeopardy deficiencies;	69767

(ii) On two or more separate occasions for final,	69768
nonappealable immediate jeopardy deficiencies;	69769

(iii) On two separate occasions for final, nonappealable	69770
actual harm but not immediate jeopardy deficiencies and on one	69771
occasion for a final, nonappealable immediate jeopardy deficiency.	69772

(2) In applying divisions (B)(1)(a) to (d) of this section,	69773
the director shall not consider deficiencies or violations cited	69774
before the applicant or a principal participant acquired or began	69775
to own or operate the health care facility at which the	69776
deficiencies or violations were cited. The director may disregard	69777
deficiencies and violations cited after the health care facility	69778
was acquired or began to be operated by the applicant or a	69779
principal participant if the deficiencies or violations were	69780
attributable to circumstances that arose under the previous owner	69781
or operator and the applicant or principal participant has	69782
implemented measures to alleviate the circumstances. In the case	69783
of an application proposing development of a new health care	69784
facility by relocation of beds, the director shall not consider	69785
deficiencies or violations that were solely attributable to the	69786
physical plant of the existing health care facility from which the	69787
beds are being relocated.	69788

(C) The director also shall accept for review any application	69789
for the conversion of infirmary beds to long-term care beds if the	69790
infirmary meets all of the following conditions:	69791

(1) Is operated exclusively by a religious order;

69792

(2) Provides care exclusively to members of religious orders	69793
who take vows of celibacy and live by virtue of their vows within	69794
the orders as if related;	69795

(3) Was providing care exclusively to members of such a	69796
religious order on January 1, 1994.	69797

~~At no time shall individuals other than those described in~~	69798
~~division (C)(2) of this section be admitted to a facility to use~~	69799
~~beds for which a certificate of need is approved under this~~	69800
~~division.~~	69801

(D) Notwithstanding division (C)(2) of this section, a	69802
facility that has been granted a certificate of need under	69803
division (C) of this section may provide care to any of the	69804
following family members of the individuals described in division	69805
(C)(2) of this section: mothers, fathers, brothers, sisters,	69806
brothers-in-law, sisters-in-law, or children.	69807

The long-term care beds in a facility that have been granted	69808
a certificate of need under division (C) of this section may not	69809
be relocated pursuant to sections 3702.592 to 3702.594 of the	69810
Revised Code.	69811

Sec. 3704.06. (A) The attorney general, upon the request of	69812
the director of environmental protection, shall prosecute any	69813
person who violates section 3704.05 or 3704.16 of the Revised	69814
Code.	69815

(B) The attorney general, upon request of the director, shall	69816
bring an action for an injunction, a civil penalty, or any other	69817
appropriate proceedings in any court of competent jurisdiction	69818
against any person violating or threatening to violate section	69819
3704.05 or 3704.16 of the Revised Code. The court shall have	69820
jurisdiction to grant prohibitory and mandatory injunctive relief	69821
and to require payment of a civil penalty upon the showing that	69822
~~such~~the person has violated this chapter or rules adopted	69823
thereunder.	69824

(C) A person who violates section 3704.05 or 3704.16 of the	69825
Revised Code shall pay a civil penalty of not more than	69826
twenty-five thousand dollars for each day of each violation. This	69827
division does not apply to any requirement of this chapter	69828
regarding the prevention or abatement of odors.	69829

(D) One-half of the moneys collected as civil penalties under	69830
division (C) of this section shall be credited to the	69831
environmental education fund created in section 3745.22 of the	69832
Revised Code. The remainder of the moneys so collected shall be	69833
credited to the air pollution control administration fund, which	69834
is hereby created in the state treasury. The air pollution control	69835
administration fund shall be administered by the director. Moneys	69836
in the air pollution control administration fund shall be used to	69837
supplement other moneys available for the administration and	69838
enforcement of this chapter and the rules adopted and terms and	69839
conditions of orders and permits issued under it, including,	69840
without limitation, the issuance of permits under it, and shall	69841
not be used to satisfy any state matching fund requirements for	69842
the receipt of any federal grant funds.	69843

The director may expend not more than ~~seven~~one million five	69844
hundred ~~fifty~~ thousand dollars of the moneys credited to the air	69845
pollution control administration fund under this division in any	69846
fiscal year for the purposes specified in this division. The	69847
director may request authority from the controlling board to	69848
expend any moneys credited to that fund in any fiscal year in	69849
excess of that amount.	69850

(E) Upon written complaint by any person, the director shall	69851
conduct such investigations and make such inquiries as are	69852
necessary to secure compliance with this chapter. The director,	69853
upon complaint or upon ~~his~~the director's own initiative, may	69854
investigate or make inquiries into any alleged violation or act of	69855
air pollution.	69856

Sec. 3704.14. (A)(1) If the director of environmental	69857
protection determines that implementation of a motor vehicle	69858
inspection and maintenance program is necessary for the state to	69859
effectively comply with the federal Clean Air Act after June 30,	69860
~~2009~~2011, the director may provide for the implementation of the	69861
program in ~~those counties in this state in which such a program is~~	69862
~~federally mandated~~the seven counties in which the program is	69863
operating on the effective date of this amendment. Upon making	69864
such a determination, the director of environmental protection may	69865
request the director of administrative services to extend the	69866
terms of the contract that was entered into under the authority of	69867
~~Section 7 of~~ Am. Sub. H.B. 241 of the ~~127th~~128th general	69868
assembly. Upon receiving the request, the director of	69869
administrative services shall extend the contract, beginning on	69870
July 1, ~~2009~~2011, in accordance with this section. The contract	69871
shall be extended for a period of up to ~~six~~twelve months with the	69872
contractor who conducted the motor vehicle inspection and	69873
maintenance program under that contract.	69874

(2) Prior to the expiration of the contract extension that is	69875
authorized by division (A)(1) of this section, the director of	69876
environmental protection may request the director of	69877
administrative services to enter into a contract with a vendor to	69878
operate a decentralized motor vehicle inspection and maintenance	69879
program in each county in this state in which such a program is	69880
federally mandated through June 30, ~~2011~~2015, with an option for	69881
the state to renew the contract through June 30, ~~2012~~2017. The	69882
contract shall ensure that the decentralized motor vehicle	69883
inspection and maintenance program achieves ~~at least the same~~	69884
substantially similar ozone precursor reductions as achieved by	69885
the program operated under the authority of the contract that was	69886
extended under division (A)(1) of this section. The director of	69887
administrative services shall select a vendor through a	69888
competitive selection process in compliance with Chapter 125. of	69889
the Revised Code.	69890

(3) Notwithstanding any law to the contrary, the director of	69891
administrative services shall ensure that a competitive selection	69892
process regarding a contract to operate a decentralized motor	69893
vehicle inspection and maintenance program in this state	69894
incorporates the following ~~elements~~, which shall be included in	69895
the contract:	69896

(a) AFor purposes of expanding the number of testing	69897
locations for consumer convenience and increased local business	69898
participation, a requirement that the ~~vendor selected to operate~~	69899
~~the~~ program ~~provide notification of the program's requirements to~~	69900
~~each owner of a motor vehicle that is required to be inspected~~	69901
~~under the program. The contract shall require the notification to~~	69902
~~be provided not later than sixty days prior to the date by which~~	69903
~~the owner of the motor vehicle is required to have the motor~~	69904
~~vehicle inspected. The director of environmental protection and~~	69905
~~the vendor shall jointly agree on the content of the notice.~~	69906
~~However, the notice shall include at a minimum the locations of~~	69907
~~all inspection facilities within a specified distance of the~~	69908
~~address that is listed on the owner's motor vehicle registration~~	69909
utilize established local businesses by authorizing existing auto	69910
repair facilities to operate as licensed inspection and waiver	69911
testing facilities;	69912

(b) A requirement that the tailpipe emissions analyzer	69913
utilized for emissions testing be BAR-97 certified;	69914

(c) A requirement that the contractor supply proven	69915
technology for on-board diagnostic testing equipment to all	69916
inspection facilities.	69917

(4) A decentralized motor vehicle inspection and maintenance	69918
program operated under this section shall comply with division (B)	69919
of this section. The director of environmental protection shall	69920
administer the decentralized motor vehicle inspection and	69921
maintenance program operated under this section.	69922

(B) The decentralized motor vehicle inspection and	69923
maintenance program authorized by this section, at a minimum,	69924
shall do all of the following:	69925

(1) Comply with the federal Clean Air Act;

69926

(2) Provide for the issuance of inspection certificates;

69927

(3) Provide for a new car exemption for motor vehicles four	69928
years old or newer and provide that a new motor vehicle is exempt	69929
for four years regardless of whether legal title to the motor	69930
vehicle is transferred during that period.	69931

(C) A motor vehicle inspection and maintenance program shall	69932
not be implemented in any county in which such a program is not	69933
authorized under division (A) of this section without the approval	69934
of the general assembly through the enactment of legislation.	69935
Further, a motor vehicle inspection and maintenance program shall	69936
not be implemented in any county beyond June 30, ~~2012~~2017,	69937
without the approval of the general assembly through the enactment	69938
of legislation.	69939

(D) The director of environmental protection shall adopt	69940
rules in accordance with Chapter 119. of the Revised Code that the	69941
director determines are necessary to implement this section. The	69942
director may continue to implement and enforce rules pertaining to	69943
the motor vehicle inspection and maintenance program previously	69944
implemented under former section 3704.14 of the Revised Code as	69945
that section existed prior to its repeal and reenactment by Am.	69946
Sub. H.B. 66 of the 126th general assembly, provided that the	69947
rules do not conflict with this section.	69948

(E) There is hereby created in the state treasury the auto	69949
emissions test fund, which shall consist of money received by the	69950
director from any cash transfers, state and local grants, and	69951
other contributions that are received for the purpose of funding	69952
the program established under this section. The director of	69953
environmental protection shall use money in the fund solely for	69954
the implementation, supervision, administration, operation, and	69955
enforcement of the motor vehicle inspection and maintenance	69956
program established under this section. Money in the fund shall	69957
not be used for either of the following:	69958

(1) To pay for the inspection costs incurred by a motor	69959
vehicle dealer so that the dealer may provide inspection	69960
certificates to an individual purchasing a motor vehicle from the	69961
dealer when that individual resides in a county that is subject to	69962
the motor vehicle inspection and maintenance program;	69963

(2) To provide payment for more than one free passing	69964
emissions inspection or a total of three emissions inspections for	69965
a motor vehicle in any three-hundred-sixty-five day period. The	69966
owner or lessee of a motor vehicle is responsible for inspection	69967
fees that are related to emissions inspections beyond one free	69968
passing emissions inspection or three total emissions inspections	69969
in any three-hundred-sixty-five day period. Inspection fees that	69970
are charged by a contractor conducting emissions inspections under	69971
a motor vehicle inspection and maintenance program shall be	69972
approved by the director of environmental protection.	69973

(F) The motor vehicle inspection and maintenance program	69974
established under this section expires upon the termination of all	69975
contracts entered into under this section and shall not be	69976
implemented beyond the final date on which termination occurs.	69977

Sec. 3705.24. (A)(1) The public health council shall, in	69978
accordance with section 111.15 of the Revised Code, adopt rules	69979
prescribing fees for the following items or services provided by	69980
the state office of vital statistics:	69981

(a) Except as provided in division (A)(4) of this section:

69982

(i) A certified copy of a vital record or a certification of	69983
birth;	69984

(ii) A search by the office of vital statistics of its files	69985
and records pursuant to a request for information, regardless of	69986
whether a copy of a record is provided;	69987

(iii) A copy of a record provided pursuant to a request.

69988

(b) Replacement of a birth certificate following an adoption,	69989
legitimation, paternity determination or acknowledgement, or court	69990
order;	69991

69992

(d) Amendment of a vital record that is requested later than	69993
one year after the filing date of the vital record;	69994

(e) Any other documents or services for which the public	69995
health council considers the charging of a fee appropriate.	69996

(2) Fees prescribed under division (A)(1)(a) of this section	69997
shall not be less than twelve dollars.	69998

(3) Fees prescribed under division (A)(1) of this section	69999
shall be collected in addition to any fees required by sections	70000
3109.14 and 3705.242 of the Revised Code.	70001

(4) Fees prescribed under division (A) of this section shall	70002
not apply to certifications issued under division (H) of this	70003
section or copies provided under section 3705.241 of the Revised	70004
Code.	70005

(B) In addition to the fees prescribed under division (A) of	70006
this section or section 3709.09 of the Revised Code, the office of	70007
vital statistics or, the board of health of a city or general	70008
health district, or a local registrar of vital statistics who is	70009
not a salaried employee of a city or general health district shall	70010
charge a five-dollar fee for each certified copy of a vital record	70011
and each certification of birth. This fee shall be deposited in	70012
the general operations fund created under section 3701.83 of the	70013
Revised Code and be used to support the operations, the	70014
modernization, and the automation of the vital records program in	70015
this state. A board of health or a local registrar shall forward	70016
all fees collected under this division to the department of health	70017
not later than thirty days after the end of each calendar quarter.	70018

(C) Except as otherwise provided in division (H) of this	70019
section, and except as provided in section 3705.241 of the Revised	70020
Code, fees collected by the director of health under sections	70021
3705.01 to 3705.29 of the Revised Code shall be paid into the	70022
state treasury to the credit of the general operations fund	70023
created by section 3701.83 of the Revised Code. Except as provided	70024
in division (B) or (I) of this section, money generated by the	70025
fees shall be used only for administration and enforcement of this	70026
chapter and the rules adopted under it. Amounts submitted to the	70027
department of health for copies of vital records or services in	70028
excess of the fees imposed by this section shall be dealt with as	70029
follows:	70030

(1) An overpayment of two dollars or less shall be retained	70031
by the department and deposited in the state treasury to the	70032
credit of the general operations fund created by section 3701.83	70033
of the Revised Code.	70034

(2) An overpayment in excess of two dollars shall be returned	70035
to the person who made the overpayment.	70036

(D) If a local registrar is a salaried employee of a city or	70037
a general health district, any fees the local registrar receives	70038
pursuant to section 3705.23 of the Revised Code shall be paid into	70039
the general fund of the city or the health fund of the general	70040
health district.	70041

Each local registrar of vital statistics, or each health	70042
district where the local registrar is a salaried employee of the	70043
district, shall be entitled to a fee for each birth, fetal death,	70044
death, or military service certificate properly and completely	70045
made out and registered with the local registrar or district and	70046
correctly copied and forwarded to the office of vital statistics	70047
in accordance with the population of the primary registration	70048
district at the last federal census. The fee for each birth, fetal	70049
death, death, or military service certificate shall be:	70050

(1) In primary registration districts of over two hundred	70051
fifty thousand, twenty cents;	70052

(2) In primary registration districts of over one hundred	70053
twenty-five thousand and less than two hundred fifty thousand,	70054
sixty cents;	70055

(3) In primary registration districts of over fifty thousand	70056
and less than one hundred twenty-five thousand, eighty cents;	70057

(4) In primary registration districts of less than fifty	70058
thousand, one dollar.	70059

(E) The director of health shall annually certify to the	70060
county treasurers of the several counties the number of birth,	70061
fetal death, death, and military service certificates registered	70062
from their respective counties with the names of the local	70063
registrars and the amounts due each registrar and health district	70064
at the rates fixed in this section. Such amounts shall be paid by	70065
the treasurer of the county in which the registration districts	70066
are located. No fees shall be charged or collected by registrars	70067
except as provided by this chapter and section 3109.14 of the	70068
Revised Code.	70069

(F) A probate judge shall be paid a fee of fifteen cents for	70070
each certified abstract of marriage prepared and forwarded by the	70071
probate judge to the department of health pursuant to section	70072
3705.21 of the Revised Code. The fee shall be in addition to the	70073
fee paid for a marriage license and shall be paid by the	70074
applicants for the license.	70075

(G) The clerk of a court of common pleas shall be paid a fee	70076
of one dollar for each certificate of divorce, dissolution, and	70077
annulment of marriage prepared and forwarded by the clerk to the	70078
department pursuant to section 3705.21 of the Revised Code. The	70079
fee for the certified abstract of divorce, dissolution, or	70080
annulment of marriage shall be added to the court costs allowed in	70081
these cases.	70082

(H) The fee for an heirloom certification of birth issued	70083
pursuant to division (B)(2) of section 3705.23 of the Revised Code	70084
shall be an amount prescribed by rule by the director of health	70085
plus any fee required by section 3109.14 of the Revised Code. In	70086
setting the amount of the fee, the director shall establish a	70087
surcharge in addition to an amount necessary to offset the expense	70088
of processing heirloom certifications of birth. The fee prescribed	70089
by the director of health pursuant to this division shall be	70090
deposited into the state treasury to the credit of the heirloom	70091
certification of birth fund which is hereby created. Money	70092
credited to the fund shall be used by the office of vital	70093
statistics to offset the expense of processing heirloom	70094
certifications of birth. However, the money collected for the	70095
surcharge, subject to the approval of the controlling board, shall	70096
be used for the purposes specified by the family and children	70097
first council pursuant to section 121.37 of the Revised Code.	70098

(I)(1) Four dollars of each fee collected by ~~the director of~~	70099
~~health or~~ the board of health of a city or general health district	70100
for ~~an item or service described in division (A)(1)(a) of this~~	70101
~~section~~a certified copy of a vital record or a certification of	70102
birth shall be transferred to the office of vital statistics not	70103
later than thirty days after the end of each calendar quarter and	70104
shall be used to support public health systems. Of each four	70105
dollars collected, one dollar shall be used by the director of	70106
health to pay subsidies to boards of health. The subsidies shall	70107
be distributed in accordance with the same formula established	70108
under section 3701.342 of the Revised Code for the distribution of	70109
state health district subsidy funds to boards of health and local	70110
health departments.	70111

(2) Four dollars of each fee collected by a local registrar	70112
of vital statistics who is not a salaried employee of a city or	70113
general health district, for a certified copy of a vital record or	70114
certification of birth, shall be transferred to the office of	70115
vital statistics not later than thirty days after the end of each	70116
calendar quarter and shall be used to support public health	70117
systems.	70118

Sec. 3709.085. (A) The board of health of a city or general	70119
health district may enter into a contract with any political	70120
subdivision or other governmental agency to obtain or provide all	70121
or part of any services, including, but not limited to,	70122
enforcement services, for the purposes of Chapter 3704. of the	70123
Revised Code, the rules adopted and orders made pursuant thereto,	70124
or any other ordinances or rules for the prevention, control, and	70125
abatement of air pollution.	70126

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

70127

(a) "Semipublic disposal system" means a disposal system that	70128
treats the sanitary sewage discharged from publicly or privately	70129
owned buildings or places of assemblage, entertainment,	70130
recreation, education, correction, hospitalization, housing, or	70131
employment, but does not include a disposal system that treats	70132
sewage in amounts of more than twenty-five thousand gallons per	70133
day; a disposal system for the treatment of sewage that is exempt	70134
from the requirements of section 6111.04 of the Revised Code	70135
pursuant to division (F)(7) of that section; or a disposal system	70136
for the treatment of industrial waste.	70137

(b) Terms defined in section 6111.01 of the Revised Code have	70138
the same meanings as in that section.	70139

(2) The board of health of a city or general health district	70140
may enter into a contract with the environmental protection agency	70141
to conduct on behalf of the agency inspection or enforcement	70142
services, for the purposes of Chapter 6111. of the Revised Code	70143
and rules adopted thereunder, for the disposal or treatment of	70144
sewage from semipublic disposal systems. The board of health of a	70145
city or general health district may charge a fee established	70146
pursuant to section 3709.09 of the Revised Code to be paid by the	70147
owner or operator of a semipublic disposal system for inspections	70148
conducted by the board pursuant to a contract entered into under	70149
division (B)(2) of this section, except that the board shall not	70150
charge a fee for those inspections conducted at any recreational	70151
vehicle park, recreation camp, or combined park-camp that is	70152
licensed under section 3729.05 of the Revised Code or at any	70153
manufactured home park that is licensed under section ~~3733.03~~	70154
4781.26 of the Revised Code.	70155

Sec. 3709.09. (A) The board of health of a city or general	70156
health district may, by rule, establish a uniform system of fees	70157
to pay the costs of any services provided by the board.	70158

The fee for issuance of a certified copy of a vital record or	70159
a certification of birth shall not be less than the fee prescribed	70160
for the same service under division (A)(1) of section 3705.24 of	70161
the Revised Code and shall include the fees required by division	70162
(B) of section 3705.24 and section 3109.14 of the Revised Code.	70163

Fees for services provided by the board for purposes	70164
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	70165
3730.03, ~~3733.04, 3733.25~~3733.21, and 3749.04 of the Revised Code	70166
shall be established in accordance with rules adopted under	70167
division (B) of this section. The district advisory council, in	70168
the case of a general health district, and the legislative	70169
authority of the city, in the case of a city health district, may	70170
disapprove any fee established by the board of health under this	70171
division, and any such fee, as disapproved, shall not be charged	70172
by the board of health.	70173

(B) The public health council shall adopt rules under section	70174
111.15 of the Revised Code that establish fee categories and a	70175
uniform methodology for use in calculating the costs of services	70176
provided for purposes specified in sections 3701.344, 3711.10,	70177
3718.06, 3729.07, 3730.03, ~~3733.04, 3733.25~~3733.21, and 3749.04	70178
of the Revised Code. In adopting the rules, the public health	70179
council shall consider recommendations it receives from advisory	70180
boards established either by statute or the director of health for	70181
entities subject to the fees.	70182

(C) Except when a board of health establishes a fee by	70183
adopting a rule as an emergency measure, the board of health shall	70184
hold a public hearing regarding each proposed fee for a service	70185
provided by the board for a purpose specified in section 3701.344,	70186
3711.10, 3718.06, 3729.07, 3730.03, ~~3733.04, 3733.25~~3733.21, or	70187
3749.04 of the Revised Code. If a public hearing is held, at least	70188
twenty days prior to the public hearing the board shall give	70189
written notice of the hearing to each entity affected by the	70190
proposed fee. The notice shall be mailed to the last known address	70191
of each entity and shall specify the date, time, and place of the	70192
hearing and the amount of the proposed fee.	70193

(D) If payment of a fee established under this section is not	70194
received by the day on which payment is due, the board of health	70195
shall assess a penalty. The amount of the penalty shall be equal	70196
to twenty-five per cent of the applicable fee.	70197

(E) All rules adopted by a board of health under this section	70198
shall be adopted, recorded, and certified as are ordinances of	70199
municipal corporations and the record thereof shall be given in	70200
all courts the same effect as is given such ordinances, but the	70201
advertisements of such rules shall be by publication in one	70202
newspaper of general circulation within the health district.	70203
Publication shall be made once a week for two consecutive weeks	70204
or as provided in section 7.16 of the Revised Code, and such rules	70205
shall take effect and be in force ten days from the date of the	70206
first publication.	70207

Sec. 3709.092. (A) A board of health of a city or general	70208
health district shall transmit to the director of health all fees	70209
or additional amounts that the public health council requires to	70210
be collected under sections 3701.344, 3718.06, 3729.07, ~~3733.04,~~	70211
~~3733.25,~~ and 3749.04 of the Revised Code. The fees and amounts	70212
shall be transmitted according to the following schedule:	70213

(1) For fees and amounts received by the board on or after	70214
the first day of January but not later than the thirty-first day	70215
of March, transmit the fees and amounts not later than the	70216
fifteenth day of May;	70217

(2) For fees and amounts received by the board on or after	70218
the first day of April but not later than the thirtieth day of	70219
June, transmit the fees and amounts not later than the fifteenth	70220
day of August;	70221

(3) For fees and amounts received by the board on or after	70222
the first day of July but not later than the thirtieth day of	70223
September, transmit the fees and amounts not later than the	70224
fifteenth day of November;	70225

(4) For fees and amounts received by the board on or after	70226
the first day of October but not later than the thirty-first day	70227
of December, transmit the fees and amounts not later than the	70228
fifteenth day of February of the following year.	70229

(B) The director shall deposit the fees and amounts received	70230
under this section into the state treasury to the credit of the	70231
general operations fund created in section 3701.83 of the Revised	70232
Code. Each amount shall be used solely for the purpose for which	70233
it was collected.	70234

Sec. 3709.21. The board of health of a general health	70235
district may make such orders and regulations as are necessary for	70236
its own government, for the public health, the prevention or	70237
restriction of disease, and the prevention, abatement, or	70238
suppression of nuisances. Such board may require that no human,	70239
animal, or household wastes from sanitary installations within the	70240
district be discharged into a storm sewer, open ditch, or	70241
watercourse without a permit therefor having been secured from the	70242
board under such terms as the board requires. All orders and	70243
regulations not for the government of the board, but intended for	70244
the general public, shall be adopted, recorded, and certified as	70245
are ordinances of municipal corporations and the record thereof	70246
shall be given in all courts the same effect as is given such	70247
ordinances, but the advertisements of such orders and regulations	70248
shall be by publication in ~~one~~a newspaper ~~published and~~ of	70249
general circulation within the district. Publication shall be made	70250
once a week for two consecutive weeks or as provided in section	70251
7.16 of the Revised Code, and such orders and regulations shall	70252
take effect and be in force ten days from the date of the first	70253
publication. In cases of emergency caused by epidemics of	70254
contagious or infectious diseases, or conditions or events	70255
endangering the public health, the board may declare such orders	70256
and regulations to be emergency measures, and such orders and	70257
regulations shall become effective immediately without such	70258
advertising, recording, and certifying.	70259

Sec. 3709.341. The board of county commissioners may donate	70260
or sell property, buildings, and furnishings to any board of	70261
health of a general or combined health district. Upon acceptance	70262
by the board of health of the general or combined district, the	70263
board of county commissioners may convey the property, buildings,	70264
and furnishings to the board of health to be used as quarters by	70265
the board of health. The instrument conveying the property,	70266
buildings, and furnishings shall include a reverter clause that,	70267
in the event the board of health subsequently sells the property,	70268
buildings, and furnishings:	70269

(A) Reverts the property, buildings, and furnishings to the	70270
board of county commissioners if they initially were donated by	70271
the board of county commissioners; or	70272

(B) Specifies how the proceeds of the board of health's	70273
subsequent sale of the property, buildings, and furnishings shall	70274
be distributed, if they initially were sold by the board of county	70275
commissioners.	70276

Sec. 3717.01. As used in this chapter:

70277

(A) "Ohio uniform food safety code" means the food safety and	70278
related standards adopted under section 3717.05 of the Revised	70279
Code.	70280

(B) "Food" means any raw, cooked, or processed edible	70281
substance used or intended for use in whole or in part for human	70282
consumption. "Food" includes ice, water or any other beverage,	70283
food ingredients, and chewing gum.	70284

(C) "Retail food establishment" means a premises or part of a	70285
premises where food is stored, processed, prepared, manufactured,	70286
or otherwise held or handled for retail sale. Except when	70287
expressly provided otherwise, "retail food establishment" includes	70288
a mobile retail food establishment, seasonal retail food	70289
establishment, and temporary retail food establishment.	70290

As used in this division:

70291

(1) "Retail" means the sale of food to a person who is the	70292
ultimate consumer.	70293

(2) "Prepared" means any action that affects a food,	70294
including receiving and maintaining it at the temperature at which	70295
it was received.	70296

(D) "Seasonal retail food establishment" means a retail food	70297
establishment, other than a mobile retail food establishment, that	70298
is operated for not more than six months in a licensing period.	70299

(E) "Temporary retail food establishment" means a retail food	70300
establishment that is operated at an event for not more than five	70301
consecutive days, except when operated for more than five	70302
consecutive days pursuant to division (E)(2) of section 3717.23 of	70303
the Revised Code.	70304

(F) "Food service operation" means a place, location, site,	70305
or separate area where food intended to be served in individual	70306
portions is prepared or served for a charge or required donation.	70307
As used in this division, "served" means a response made to an	70308
order for one or more individual portions of food in a form that	70309
is edible without washing, cooking, or additional preparation and	70310
"prepared" means any action that affects a food other than	70311
receiving or maintaining it at the temperature at which it was	70312
received.	70313

Except when expressly provided otherwise, "food service	70314
operation" includes a catering food service operation, food	70315
delivery sales operation, mobile food service operation, seasonal	70316
food service operation, temporary food service operation, and	70317
vending machine location.	70318

(G) "Catering food service operation" means a food service	70319
operation where food is prepared for serving at a function or	70320
event held at an off-premises site, for a charge determined on a	70321
per-function or per-event basis.	70322

(H) "Food delivery sales operation" means a food service	70323
operation from which individual portions of food are ordered by a	70324
customer, prepared at another food service operation or a retail	70325
food establishment, and delivered to the customer by a person	70326
other than an employee of the food service operation or retail	70327
food establishment that prepared the food.	70328

(I) "Mobile food service operation" means a food service	70329
operation that is operated from a movable vehicle, portable	70330
structure, or watercraft and that routinely changes location,	70331
except that if the operation remains at any one location for more	70332
than forty consecutive days, the operation is no longer a mobile	70333
food service operation. "Mobile food service operation" includes a	70334
food service operation that does not remain at any one location	70335
for more than forty consecutive days and serves, in a manner	70336
consistent with division (F) of this section, only frozen	70337
desserts; beverages, nuts, popcorn, candy, or similar confections;	70338
bakery products identified in section 911.01 of the Revised Code;	70339
or any combination of those items.	70340

(J) "Seasonal food service operation" means a food service	70341
operation, other than a mobile food service operation, that is	70342
operated for not more than six months in a licensing period.	70343

(K) "Temporary food service operation" means a food service	70344
operation that is operated at an event for not more than five	70345
consecutive days, except when operated for more than five	70346
consecutive days pursuant to division (E)(2) of section 3717.43 of	70347
the Revised Code.	70348

(L) "Vending machine location" means an area or room where	70349
one or more vending machines are installed and operated, except	70350
that if the machines within an area are separated by more than one	70351
hundred fifty feet, each area separated by that distance	70352
constitutes a separate vending machine location. As used in this	70353
division, "vending machine" means aboth of the following:	70354

(1) A self-service device that automatically dispenses on the	70355
insertion of currency, tokens, or similar means a predetermined	70356
unit serving of food, either in bulk or in package, without having	70357
to be replenished after each use;	70358

(2) A self-service device at which an individual purchases a	70359
predetermined unit serving of food, either in bulk or in package,	70360
by scanning the bar code of the food that was obtained at the	70361
vending machine location.	70362

(M) "Board of health" means a board of health of a city or	70363
general health district or the authority having the duties of a	70364
board of health under section 3709.05 of the Revised Code.	70365

(N) "Government entity" means this state, a political	70366
subdivision of this state, another state, or a political	70367
subdivision or other local government body of another state.	70368

(O) "Licensor" means one of the following:

70369

(1) A board of health approved under section 3717.11 of the	70370
Revised Code;	70371

(2) The director of agriculture acting pursuant to section	70372
3717.11 of the Revised Code with respect to the licensing of	70373
retail food establishments;	70374

(3) The director of health acting pursuant to section 3717.11	70375
of the Revised Code with respect to the licensing of food service	70376
operations.	70377

(P) "Licensing period" means the first day of March to the	70378
last day of February of the next succeeding year.	70379

(Q) "Mobile retail food establishment" means a retail food	70380
establishment that is operated from a movable vehicle or other	70381
portable structure, and that routinely changes location, except	70382
that if the establishment operates from any one location for more	70383
than forty consecutive days, the establishment is no longer a	70384
mobile retail food establishment.	70385

(R) "Unprocessed," when used with respect to fruits and	70386
vegetables, means that the fruits and vegetables are not processed	70387
beyond merely rough trimming and rinsing.	70388

(S) "Cottage food production operation" has the same meaning	70389
as in division (A)(20) of section 3715.01 of the Revised Code.	70390

Sec. 3717.53. (A) As used in this section:

70391

(1) "Food nutrition information" includes, but is not limited	70392
to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar,	70393
potassium, protein, vitamin, mineral, allergen, and sodium content	70394
of food. "Food nutrition information" also includes the	70395
designation of food as healthy or unhealthy.	70396

(2) "Political subdivision" and "local legislation" have the	70397
same meanings as in section 905.501 of the Revised Code.	70398

(3) "Consumer incentive item" means any licensed media	70399
character, toy, game, trading card, contest, point accumulation,	70400
club membership, admission ticket, token, code or password for	70401
digital access, coupon, voucher, incentive, crayons, coloring	70402
placemat, or other premium, prize, or consumer product that is	70403
associated with a meal served by or acquired from a food service	70404
operation.	70405

(B) The director of agriculture has sole and exclusive	70406
authority in this state to regulate the provision of food	70407
nutrition information and consumer incentive items at food service	70408
operations. The director may adopt rules for that purpose in	70409
accordance with Chapter 119. of the Revised Code, including rules	70410
that establish a schedule of civil penalties for violations of	70411
this section and rules adopted under it. Subject to the approval	70412
of the joint committee on agency rule review, portions of the	70413
rules may be adopted by referencing all or any part of any federal	70414
regulations pertaining to the provision of food nutrition	70415
information and consumer incentive items.	70416

The regulation of the provision of food nutrition information	70417
and consumer incentive items at food service operations is a	70418
matter of general statewide interest that requires statewide	70419
regulation, and rules adopted under this section constitute a	70420
comprehensive plan with respect to all aspects of the regulation	70421
of the provision of food nutrition information and consumer	70422
incentive items at food service operations in this state. Rules	70423
adopted under this section shall be applied uniformly throughout	70424
this state.	70425

(C) No political subdivision shall ~~enact~~do any of the	70426
following:	70427

(1) Enact, adopt, or continue in effect local legislation	70428
relating to the provision or nonprovision of food nutrition	70429
information or consumer incentive items at food service	70430
operations;	70431

(2) Condition a license, a permit, or regulatory approval on	70432
the provision or nonprovision of food nutrition information or	70433
consumer incentive items at food service operations;	70434

(3) Ban, prohibit, or otherwise restrict food at food service	70435
operations based on the food nutrition information or on the	70436
provision or nonprovision of consumer incentive items;	70437

(4) Condition a license, a permit, or regulatory approval for	70438
a food service operation on the existence or nonexistence of	70439
food-based health disparities;	70440

(5) Ban, prohibit, or otherwise restrict food service	70441
operations based on the existence or nonexistence of food-based	70442
health disparities.	70443

Sec. 3717.54. (A) No political subdivision shall enact,	70444
adopt, or continue in effect local legislation that bans,	70445
prohibits, or otherwise restricts a food service operation because	70446
that food service operation is characterized as a quick service or	70447
fast food restaurant. The regulation of how food service	70448
operations are characterized is a matter of general statewide	70449
interest that requires uniform statewide regulation, and this	70450
chapter and rules adopted under it constitute a comprehensive plan	70451
with respect to all aspects of food service operations in this	70452
state.	70453

(B) As used in this section, "political subdivision" and	70454
"local legislation" have the same meanings as in section 905.501	70455
of the Revised Code.	70456

Sec. 3719.141. (A) A peace officer may sell any controlled	70457
substance in the performance of the officer's official duties only	70458
if either of the following applies:	70459

(1) A peace officer may sell any controlled substance in the	70460
performance of the officer's official duties if all of the	70461
following apply:	70462

(a) Prior approval for the sale has been given by the	70463
prosecuting attorney of the county in which the sale takes place,	70464
in any manner described in division (B) of this section;	70465

(b) The peace officer who makes the sale determines that the	70466
sale is necessary in the performance of the officer's official	70467
duties;	70468

70469

(i) The person to whom the sale is made or any other person	70470
who is involved in the sale does not know that the officer who	70471
makes the sale is a peace officer, and the peace officer who makes	70472
the sale determines that the sale is necessary to prevent the	70473
person from determining or suspecting that the officer who makes	70474
the sale is a peace officer.	70475

(ii) The peace officer who makes the sale determines that the	70476
sale is necessary to preserve an identity that the peace officer	70477
who makes the sale has assumed in the performance of the officer's	70478
official duties.	70479

(iii) The sale involves a controlled substance that, during	70480
the course of another sale, was intercepted by the peace officer	70481
who makes the sale or any other peace officer who serves the same	70482
agency served by the peace officer who makes the sale; the	70483
intended recipient of the controlled substance in the other sale	70484
does not know that the controlled substance has been so	70485
intercepted; the sale in question is made to the intended	70486
recipient of the controlled substance in the other sale and is	70487
undertaken with the intent of obtaining evidence of a drug abuse	70488
offense against the intended recipient of the controlled	70489
substance; and the sale in question does not involve the transfer	70490
of any money or other thing of value to the peace officer who	70491
makes the sale or any other peace officer who serves the same	70492
agency served by the peace officer who makes the sale in exchange	70493
for the controlled substance.	70494

(d) If the sale is made under the circumstances described in	70495
division (A)(1)(c)(i) or (ii) of this section, no person is	70496
charged with any criminal offense or any delinquent act based upon	70497
the sale unless both of the following apply:	70498

(i) The person also is charged with a criminal offense or a	70499
delinquent act that is based upon an act or omission that is	70500
independent of the sale but that either is connected together with	70501
the sale, or constitutes a part of a common scheme or plan with	70502
the sale, or is part of a course of criminal conduct involving the	70503
sale.	70504

(ii) The criminal offense or delinquent act based upon the	70505
sale and the other criminal offense or delinquent act are charged	70506
in the same indictment, information, or complaint.	70507

(e) The sale is not part of a continuing course of conduct	70508
involving the sale of controlled substances by the peace officer	70509
who makes the sale.	70510

(f) The amount of the controlled substance sold and the scope	70511
of the sale of the controlled substance is as limited as possible	70512
under the circumstances.	70513

(g) Prior to the sale, the law enforcement agency served by	70514
the peace officer who makes the sale has adopted a written	70515
internal control policy that does all of the following:	70516

(i) Addresses the keeping of detailed records as to the	70517
amount of money or other things of value obtained in the sale in	70518
exchange for the controlled substance;	70519

(ii) Addresses the delivery of all moneys or things of value	70520
so obtained to the prosecuting attorney pursuant to division (D)	70521
of this section;	70522

(iii) Addresses the agency's use and disposition of all such	70523
moneys or things of value that are deposited in the law	70524
enforcement trust fund of the sheriff, municipal corporation, or	70525
township, pursuant to division (D) of this section, and that are	70526
used by the sheriff, are allocated to the police department of the	70527
municipal corporation by its legislative authority, or are	70528
allocated by the board of township trustees to the township police	70529
department, township or joint police district police force, or	70530
office of the constable;	70531

(iv) Provides for the keeping of detailed financial records	70532
of the receipts of the proceeds, the general types of expenditures	70533
made out of the proceeds received, and the specific amount of each	70534
general type of expenditure. The policy shall not provide for or	70535
permit the identification of any peace officer involved in the	70536
sale, any information that is or may be needed in an ongoing	70537
investigation, or any specific expenditure that is made in an	70538
ongoing investigation.	70539

(2) A peace officer may sell any controlled substance in the	70540
performance of the officer's official duties if all of the	70541
following apply:	70542

(a) Prior approval for the sale has been given by the	70543
prosecuting attorney of the county in which the sale takes place,	70544
in any manner described in division (B) of this section;	70545

(b) Prior to the sale, the law enforcement agency served by	70546
the peace officer has adopted a written internal control policy	70547
that does the things listed in divisions (A)(1)(g)(i) to (iv) of	70548
this section;	70549

(c) The purchaser of the controlled substance acquires	70550
possession of it in the presence of the peace officer who makes	70551
the sale.	70552

(d) Upon the consummation of the sale, either of the	70553
following occurs:	70554

(i) The peace officer arrests the purchaser of the controlled	70555
substance, recovers it and the proceeds of the sale, and secures	70556
it and the proceeds as evidence to be used in a subsequent	70557
prosecution.	70558

(ii) The peace officer makes a reasonable, good faith effort	70559
to arrest the purchaser of the controlled substance and to recover	70560
the controlled substance and the proceeds of the sale, but the	70561
officer is unable to make the arrest and recover all of the	70562
controlled substance and proceeds for reasons beyond the officer's	70563
control, and the peace officer secures all of the controlled	70564
substance recovered and all of the proceeds recovered as evidence	70565
to be used in a subsequent prosecution.	70566

(B) The approval of a prosecuting attorney required by	70567
division (A)(1)(a) or (2)(a) of this section may be in either of	70568
the following forms:	70569

(1) A general approval that is given by the prosecuting	70570
attorney to the peace officer who makes the sale or to the law	70571
enforcement agency served by that peace officer, that grants	70572
approval only to that peace officer, and that grants approval for	70573
any such sale that may be necessary, after the approval has been	70574
granted, under the standards described in division (A)(1) or (2)	70575
of this section;	70576

(2) A specific approval that is given by the prosecuting	70577
attorney to the peace officer who makes the sale or to the law	70578
enforcement agency served by that peace officer, and that grants	70579
approval only to that peace officer and only for the particular	70580
sale in question, under the standards described in division (A)(1)	70581
or (2) of this section.	70582

(C) If a peace officer sells a controlled substance in the	70583
performance of the officer's official duties under division (A)(1)	70584
or (2) of this section, the peace officer, within a reasonable	70585
time after the sale, shall provide the prosecuting attorney who	70586
granted approval for the sale with a written summary that	70587
identifies the amount and type of controlled substance sold, the	70588
circumstances of the sale, and the amount of any money or other	70589
thing of value obtained in the sale in exchange for the controlled	70590
substance. The summary shall not identify or enable the	70591
identification of any peace officer involved in the sale and shall	70592
not contain any information that is or may be needed in an ongoing	70593
investigation.	70594

(D)(1) Except as provided in division (D)(2) of this section,	70595
if a peace officer sells a controlled substance in the performance	70596
of the officer's official duties under division (A)(1) or (2) of	70597
this section, the peace officer, as soon as possible after the	70598
sale, shall deliver all money or other things of value obtained in	70599
the sale in exchange for the controlled substance to the	70600
prosecuting attorney who granted approval for the sale. The	70601
prosecuting attorney shall safely keep all money and other things	70602
of value the prosecuting attorney receives under this division for	70603
use as evidence in any criminal action or delinquency proceeding	70604
based upon the sale. All money so received by a prosecuting	70605
attorney that no longer is needed as evidence in any criminal	70606
action or delinquency proceeding shall be deposited by the	70607
prosecuting attorney in the law enforcement trust fund of the	70608
sheriff if the peace officer who made the sale is the sheriff or a	70609
deputy sheriff or the law enforcement trust fund of a municipal	70610
corporation or township if it is served by the peace officer who	70611
made the sale, as established pursuant to section 2981.13 of the	70612
Revised Code, and upon deposit shall be expended only as provided	70613
in that section. All other things of value so received by a	70614
prosecuting attorney that no longer are needed as evidence in any	70615
criminal action or delinquency proceeding shall be disposed of,	70616
without appraisal, at a public auction to the highest bidder for	70617
cash; the proceeds of the sale shall be deposited by the	70618
prosecuting attorney in the law enforcement trust fund of the	70619
sheriff if the peace officer who made the sale is the sheriff or a	70620
deputy sheriff or the law enforcement trust fund of a municipal	70621
corporation or township if it is served by the peace officer who	70622
made the sale, as established pursuant to section 2981.13 of the	70623
Revised Code, and upon deposit shall be expended only as provided	70624
in that section. Each law enforcement agency that uses any money	70625
that was deposited in a law enforcement trust fund pursuant to	70626
this division shall comply with the written internal control	70627
policy adopted by the agency, as required by division (A)(1)(g) or	70628
(2)(b) of this section, in its use of the money.	70629

(2) Division (D)(1) of this section does not apply in	70630
relation to a peace officer who sells a controlled substance in	70631
the performance of the officer's official duties under division	70632
(A)(1) of this section in any of the following circumstances:	70633

(a) The person to whom the sale is made or any other person	70634
who is involved in the sale does not know that the officer is a	70635
peace officer, and, if the officer were to retain and deliver the	70636
money or other things of value to the prosecuting attorney, the	70637
person would determine or suspect that the officer is a peace	70638
officer.	70639

(b) If the officer were to retain and deliver the money or	70640
other things of value to the prosecuting attorney, an identity	70641
that has been assumed in the performance of the officer's official	70642
duties would not be preserved.	70643

(c) The sale is made under the circumstances described in	70644
division (A)(1)(c)(iii) of this section.	70645

(3) If division (D)(1) of this section does not apply in	70646
relation to a peace officer who sells a controlled substance in	70647
the performance of the officer's official duties under division	70648
(A)(1) of this section due to the operation of division (D)(2) of	70649
this section, the peace officer, as soon as possible after the	70650
sale, shall deliver to the prosecuting attorney who granted	70651
approval for the sale a written summary that describes the	70652
circumstances of the sale and the reason for which division (D)(1)	70653
of this section does not apply. The summary shall not identify or	70654
enable the identification of any peace officer involved in the	70655
sale and shall not contain any information that is or may be	70656
needed in an ongoing investigation.	70657

(E)(1) A written internal control policy adopted by a law	70658
enforcement agency that is served by a peace officer who sells a	70659
controlled substance under division (A)(1) or (2) of this section,	70660
as required by division (A)(1)(g) or (2)(b) of this section, is a	70661
public record open for inspection under section 149.43 of the	70662
Revised Code. Each law enforcement agency that adopts a written	70663
internal control policy of that nature shall comply with it in	70664
relation to any sale of a controlled substance under division	70665
(A)(1) or (2) of this section. All records as to the amount of	70666
money or things of value obtained in the sale of a controlled	70667
substance, in exchange for the controlled substance, and all	70668
financial records of the receipts of the proceeds, the general	70669
types of expenditures made out of the proceeds received, and the	70670
specific amounts of each general type of expenditure by a law	70671
enforcement agency in relation to any sale of a controlled	70672
substance under division (A)(1) or (2) of this section are public	70673
records open for inspection under section 149.43 of the Revised	70674
Code.	70675

(2) A summary required by division (C) or (D)(3) of this	70676
section is a public record open for inspection under section	70677
149.43 of the Revised Code.	70678

(F)(1) Each prosecuting attorney who grants approval for a	70679
sale of controlled substances by a peace officer and who receives	70680
in any calendar year one or more summaries under division (C) of	70681
this section relative to the sale of a controlled substance by a	70682
peace officer shall prepare a report covering the calendar year	70683
that cumulates all of the information contained in each of the	70684
summaries so received in the calendar year and shall send the	70685
cumulative report, no later than the first day of March in the	70686
calendar year following the calendar year covered by the report,	70687
to the attorney general.	70688

(2) Each prosecuting attorney who receives any money or any	70689
other thing of value under division (D)(1) of this section shall	70690
keep detailed financial records of the receipts and dispositions	70691
of all such moneys or things of value so received. No record of	70692
that nature shall identify, or enable the identification of, any	70693
person from whom money or another thing of value was received as a	70694
result of the sale of a controlled substance under division (A)(1)	70695
or (2) of this section or contain any information that is or may	70696
be needed in an ongoing investigation. Each record of that nature	70697
is a public record open for inspection under section 149.43 of the	70698
Revised Code and shall include, but is not limited to, all of the	70699
following information:	70700

(a) The identity of each law enforcement agency that has so	70701
delivered any money or other thing of value to the prosecuting	70702
attorney;	70703

(b) The total amount of money or other things of value so	70704
received from each law enforcement agency;	70705

(c) The disposition made under this section of all money or	70706
other things of value so received.	70707

(G) Divisions (A) to (F) of this section do not apply to any	70708
peace officer, or to any officer, agent, or employee of the United	70709
States, who is operating under the management and direction of the	70710
United States department of justice. Any peace officer, or any	70711
officer, agent, or employee of the United States, who is operating	70712
under the management and direction of the United States department	70713
of justice may sell a controlled substance in the performance of	70714
the officer's, agent's, or employee's official duties if the sale	70715
is made in accordance with federal statutes and regulations.	70716

(H) As used in this section, "peace officer" has the same	70717
meaning as in section 2935.01 of the Revised Code and also	70718
includes a special agent of the bureau of criminal identification	70719
and investigation.	70720

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	70721
3721.99 of the Revised Code:	70722

(1)(a) "Home" means an institution, residence, or facility	70723
that provides, for a period of more than twenty-four hours,	70724
whether for a consideration or not, accommodations to three or	70725
more unrelated individuals who are dependent upon the services of	70726
others, including a nursing home, residential care facility, home	70727
for the aging, and a veterans' home operated under Chapter 5907.	70728
of the Revised Code.	70729

(b) "Home" also means both of the following:

70730

(i) Any facility that a person, as defined in section 3702.51	70731
of the Revised Code, proposes for certification as a skilled	70732
nursing facility or nursing facility under Title XVIII or XIX of	70733
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	70734
as amended, and for which a certificate of need, other than a	70735
certificate to recategorize hospital beds as described in section	70736
3702.522 of the Revised Code or division (R)(7)(d) of the version	70737
of section 3702.51 of the Revised Code in effect immediately prior	70738
to April 20, 1995, has been granted to the person under sections	70739
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	70740

(ii) A county home or district home that is or has been	70741
licensed as a residential care facility.	70742

70743

(i) Except as provided in division (A)(1)(b) of this section,	70744
a public hospital or hospital as defined in section 3701.01 or	70745
5122.01 of the Revised Code;	70746

(ii) A residential facility for mentally ill persons as	70747
defined under section 5119.22 of the Revised Code;	70748

(iii) A residential facility as defined in section 5123.19 of	70749
the Revised Code;	70750

(iv) An adult care facility as defined in section ~~3722.01~~	70751
5119.70 of the Revised Code;	70752

(v) An alcohol or drug addiction program as defined in	70753
section 3793.01 of the Revised Code;	70754

(vi) A facility licensed to provide methadone treatment under	70755
section 3793.11 of the Revised Code;	70756

(vii) A facility providing services under contract with the	70757
department of developmental disabilities under section 5123.18 of	70758
the Revised Code unless section 5123.192 of the Revised Code makes	70759
the facility subject to the requirements of this chapter;	70760

(viii) A facility operated by a hospice care program licensed	70761
under section 3712.04 of the Revised Code that is used exclusively	70762
for care of hospice patients;	70763

(ix) A facility, infirmary, or other entity that is operated	70764
by a religious order, provides care exclusively to members of	70765
religious orders who take vows of celibacy and live by virtue of	70766
their vows within the orders as if related, and does not	70767
participate in the medicare program established under Title XVIII	70768
of the "Social Security Act" or the medical assistance program	70769
established under Chapter 5111. of the Revised Code and Title XIX	70770
of the "Social Security Act," if on January 1, 1994, the facility,	70771
infirmary, or entity was providing care exclusively to members of	70772
the religious order;	70773

(x) A county home or district home that has never been	70774
licensed as a residential care facility.	70775

(2) "Unrelated individual" means one who is not related to	70776
the owner or operator of a home or to the spouse of the owner or	70777
operator as a parent, grandparent, child, grandchild, brother,	70778
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	70779
uncle.	70780

(3) "Mental impairment" does not mean mental illness as	70781
defined in section 5122.01 of the Revised Code or mental	70782
retardation as defined in section 5123.01 of the Revised Code.	70783

(4) "Skilled nursing care" means procedures that require	70784
technical skills and knowledge beyond those the untrained person	70785
possesses and that are commonly employed in providing for the	70786
physical, mental, and emotional needs of the ill or otherwise	70787
incapacitated. "Skilled nursing care" includes, but is not limited	70788
to, the following:	70789

(a) Irrigations, catheterizations, application of dressings,	70790
and supervision of special diets;	70791

(b) Objective observation of changes in the patient's	70792
condition as a means of analyzing and determining the nursing care	70793
required and the need for further medical diagnosis and treatment;	70794

70795

(d) Administration of medication by any method ordered by a	70796
physician, such as hypodermically, rectally, or orally, including	70797
observation of the patient after receipt of the medication;	70798

(e) Carrying out other treatments prescribed by the physician	70799
that involve a similar level of complexity and skill in	70800
administration.	70801

(5)(a) "Personal care services" means services including, but	70802
not limited to, the following:	70803

(i) Assisting residents with activities of daily living;

70804

(ii) Assisting residents with self-administration of	70805
medication, in accordance with rules adopted under section 3721.04	70806
of the Revised Code;	70807

(iii) Preparing special diets, other than complex therapeutic	70808
diets, for residents pursuant to the instructions of a physician	70809
or a licensed dietitian, in accordance with rules adopted under	70810
section 3721.04 of the Revised Code.	70811

(b) "Personal care services" does not include "skilled	70812
nursing care" as defined in division (A)(4) of this section. A	70813
facility need not provide more than one of the services listed in	70814
division (A)(5)(a) of this section to be considered to be	70815
providing personal care services.	70816

(6) "Nursing home" means a home used for the reception and	70817
care of individuals who by reason of illness or physical or mental	70818
impairment require skilled nursing care and of individuals who	70819
require personal care services but not skilled nursing care. A	70820
nursing home is licensed to provide personal care services and	70821
skilled nursing care.	70822

(7) "Residential care facility" means a home that provides	70823
either of the following:	70824

(a) Accommodations for seventeen or more unrelated	70825
individuals and supervision and personal care services for three	70826
or more of those individuals who are dependent on the services of	70827
others by reason of age or physical or mental impairment;	70828

(b) Accommodations for three or more unrelated individuals,	70829
supervision and personal care services for at least three of those	70830
individuals who are dependent on the services of others by reason	70831
of age or physical or mental impairment, and, to at least one of	70832
those individuals, any of the skilled nursing care authorized by	70833
section 3721.011 of the Revised Code.	70834

(8) "Home for the aging" means a home that provides services	70835
as a residential care facility and a nursing home, except that the	70836
home provides its services only to individuals who are dependent	70837
on the services of others by reason of both age and physical or	70838
mental impairment.	70839

The part or unit of a home for the aging that provides	70840
services only as a residential care facility is licensed as a	70841
residential care facility. The part or unit that may provide	70842
skilled nursing care beyond the extent authorized by section	70843
3721.011 of the Revised Code is licensed as a nursing home.	70844

(9) "County home" and "district home" mean a county home or	70845
district home operated under Chapter 5155. of the Revised Code.	70846

(B) The public health council may further classify homes. For	70847
the purposes of this chapter, any residence, institution, hotel,	70848
congregate housing project, or similar facility that meets the	70849
definition of a home under this section is such a home regardless	70850
of how the facility holds itself out to the public.	70851

(C) For purposes of this chapter, personal care services or	70852
skilled nursing care shall be considered to be provided by a	70853
facility if they are provided by a person employed by or	70854
associated with the facility or by another person pursuant to an	70855
agreement to which neither the resident who receives the services	70856
nor the resident's sponsor is a party.	70857

(D) Nothing in division (A)(4) of this section shall be	70858
construed to permit skilled nursing care to be imposed on an	70859
individual who does not require skilled nursing care.	70860

Nothing in division (A)(5) of this section shall be construed	70861
to permit personal care services to be imposed on an individual	70862
who is capable of performing the activity in question without	70863
assistance.	70864

(E) Division (A)(1)(c)(ix) of this section does not prohibit	70865
a facility, infirmary, or other entity described in that division	70866
from seeking licensure under sections 3721.01 to 3721.09 of the	70867
Revised Code or certification under Title XVIII or XIX of the	70868
"Social Security Act." However, such a facility, infirmary, or	70869
entity that applies for licensure or certification must meet the	70870
requirements of those sections or titles and the rules adopted	70871
under them and obtain a certificate of need from the director of	70872
health under section 3702.52 of the Revised Code.	70873

(F) Nothing in this chapter, or rules adopted pursuant to it,	70874
shall be construed as authorizing the supervision, regulation, or	70875
control of the spiritual care or treatment of residents or	70876
patients in any home who rely upon treatment by prayer or	70877
spiritual means in accordance with the creed or tenets of any	70878
recognized church or religious denomination.	70879

Sec. 3721.011. (A) In addition to providing accommodations,	70880
supervision, and personal care services to its residents, a	70881
residential care facility may ~~provide~~do the following:	70882

(1) Provide the following skilled nursing care to its	70883
residents ~~as follows~~:	70884

~~(1)~~(a) Supervision of special diets;

70885

~~(2)~~(b) Application of dressings, in accordance with rules	70886
adopted under section 3721.04 of the Revised Code;	70887

~~(3)~~(c) Subject to division (B)(1) of this section,	70888
administration of medication;	70889

~~(4)~~.

70890

(2) Subject to division (C) of this section, provide other	70891
skilled nursing care ~~provided~~ on a part-time, intermittent basis	70892
for not more than a total of one hundred twenty days in a	70893
twelve-month period;	70894

~~(5) Subject to division (D) of this section,~~(3) Provide	70895
skilled nursing care ~~provided~~ for more than one hundred twenty	70896
days in a twelve-month period to a ~~hospice patient, as defined in~~	70897
~~section 3712.01 of the Revised Code~~resident when the requirements	70898
of division (D) of this section are met.	70899

A residential care facility may not admit or retain an	70900
individual requiring skilled nursing care that is not authorized	70901
by this section. A residential care facility may not provide	70902
skilled nursing care beyond the limits established by this	70903
section.	70904

(B)(1) A residential care facility may admit or retain an	70905
individual requiring medication, including biologicals, only if	70906
the individual's personal physician has determined in writing that	70907
the individual is capable of self-administering the medication or	70908
the facility provides for the medication to be administered to the	70909
individual by a home health agency certified under Title XVIII of	70910
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C.A. 1395,	70911
as amended; a hospice care program licensed under Chapter 3712. of	70912
the Revised Code; or a member of the staff of the residential care	70913
facility who is qualified to perform medication administration.	70914
Medication may be administered in a residential care facility only	70915
by the following persons authorized by law to administer	70916
medication:	70917

(a) A registered nurse licensed under Chapter 4723. of the	70918
Revised Code;	70919

(b) A licensed practical nurse licensed under Chapter 4723.	70920
of the Revised Code who holds proof of successful completion of a	70921
course in medication administration approved by the board of	70922
nursing and who administers the medication only at the direction	70923
of a registered nurse or a physician authorized under Chapter	70924
4731. of the Revised Code to practice medicine and surgery or	70925
osteopathic medicine and surgery;	70926

(c) A medication aide certified under Chapter 4723. of the	70927
Revised Code;	70928

(d) A physician authorized under Chapter 4731. of the Revised	70929
Code to practice medicine and surgery or osteopathic medicine and	70930
surgery.	70931

(2) In assisting a resident with self-administration of	70932
medication, any member of the staff of a residential care facility	70933
may do the following:	70934

(a) Remind a resident when to take medication and watch to	70935
ensure that the resident follows the directions on the container;	70936

(b) Assist a resident by taking the medication from the	70937
locked area where it is stored, in accordance with rules adopted	70938
pursuant to section 3721.04 of the Revised Code, and handing it to	70939
the resident. If the resident is physically unable to open the	70940
container, a staff member may open the container for the resident.	70941

(c) Assist a physically impaired but mentally alert resident,	70942
such as a resident with arthritis, cerebral palsy, or Parkinson's	70943
disease, in removing oral or topical medication from containers	70944
and in consuming or applying the medication, upon request by or	70945
with the consent of the resident. If a resident is physically	70946
unable to place a dose of medicine to the resident's mouth without	70947
spilling it, a staff member may place the dose in a container and	70948
place the container to the mouth of the resident.	70949

(C) AExcept as provided in division (D) of this section, a	70950
residential care facility may admit or retain individuals who	70951
require skilled nursing care beyond the supervision of special	70952
diets, application of dressings, or administration of medication,	70953
only if the care will be provided on a part-time, intermittent	70954
basis for not more than a total of one hundred twenty days in any	70955
twelve-month period. In accordance with Chapter 119. of the	70956
Revised Code, the public health council shall adopt rules	70957
specifying what constitutes the need for skilled nursing care on a	70958
part-time, intermittent basis. The council shall adopt rules that	70959
are consistent with rules pertaining to home health care adopted	70960
by the director of job and family services for the ~~medical~~	70961
~~assistance~~medicaid program established under Chapter 5111. of the	70962
Revised Code. Skilled nursing care provided pursuant to this	70963
division may be provided by a home health agency certified under	70964
Title XVIII of the "Social Security Act," a hospice care program	70965
licensed under Chapter 3712. of the Revised Code, or a member of	70966
the staff of a residential care facility who is qualified to	70967
perform skilled nursing care.	70968

A residential care facility that provides skilled nursing	70969
care pursuant to this division shall do both of the following:	70970

(1) Evaluate each resident receiving the skilled nursing care	70971
at least once every seven days to determine whether the resident	70972
should be transferred to a nursing home;	70973

(2) Meet the skilled nursing care needs of each resident	70974
receiving the care.	70975

(D)(1) A residential care facility may admit or retain a	70976
~~hospice patient~~an individual who requires skilled nursing care	70977
for more than one hundred twenty days in any twelve-month period	70978
only if the facility has entered into a written agreement with	70979
each of the following:	70980

(a) The individual or individual's sponsor;

70981

(b) The individual's personal physician;

70982

(c) Unless the individual's personal physician oversees the	70983
skilled nursing care, the provider of the skilled nursing care;	70984

(d) If the individual is a hospice patient as defined in	70985
section 3712.01 of the Revised Code, a hospice care program	70986
licensed under Chapter 3712. of the Revised Code. ~~The~~	70987

(2) The agreement ~~between the residential care facility and~~	70988
~~hospice program~~required by division (D)(1) of this section shall	70989
include all of the following provisions:	70990

~~(1)~~(a) That the ~~hospice patient~~individual will be provided	70991
skilled nursing care in the facility only if a determination has	70992
been made that the ~~patient's~~individual's needs can be met at the	70993
facility;	70994

~~(2)~~(b) That the ~~hospice patient~~individual will be retained	70995
in the facility only if periodic redeterminations are made that	70996
the ~~patient's~~individual's needs are being met at the facility;	70997

~~(3)~~(c) That the redeterminations will be made according to a	70998
schedule specified in the agreement;	70999

~~(4) That the~~(d) If the individual is a hospice patient, that	71000
the individual has been given an opportunity to choose the hospice	71001
care program that best meets the ~~patient's~~individual's needs;	71002

(e) Unless the individual is a hospice patient, that the	71003
individual's personal physician has determined that the skilled	71004
nursing care the individual needs is routine.	71005

(E) Notwithstanding any other provision of this chapter, a	71006
residential care facility in which residents receive skilled	71007
nursing care pursuant to this section is not a nursing home.	71008

Sec. 3721.02. (A) The director of health shall license homes	71009
and establish procedures to be followed in inspecting and	71010
licensing homes. The director may inspect a home at any time. Each	71011
home shall be inspected by the director at least once prior to the	71012
issuance of a license and at least once every fifteen months	71013
thereafter. The state fire marshal or a township, municipal, or	71014
other legally constituted fire department approved by the marshal	71015
shall also inspect a home prior to issuance of a license, at least	71016
once every fifteen months thereafter, and at any other time	71017
requested by the director. A home does not have to be inspected	71018
prior to issuance of a license by the director, state fire	71019
marshal, or a fire department if ownership of the home is assigned	71020
or transferred to a different person and the home was licensed	71021
under this chapter immediately prior to the assignment or	71022
transfer. The director may enter at any time, for the purposes of	71023
investigation, any institution, residence, facility, or other	71024
structure that has been reported to the director or that the	71025
director has reasonable cause to believe is operating as a nursing	71026
home, residential care facility, or home for the aging without a	71027
valid license required by section 3721.05 of the Revised Code or,	71028
in the case of a county home or district home, is operating	71029
despite the revocation of its residential care facility license.	71030
The director may delegate the director's authority and duties	71031
under this chapter to any division, bureau, agency, or official of	71032
the department of health.	71033

(B) A single facility may be licensed both as a nursing home	71034
pursuant to this chapter and as an adult care facility pursuant to	71035
Chapter ~~3722.~~5119. of the Revised Code if the director determines	71036
that the part or unit to be licensed as a nursing home can be	71037
maintained separate and discrete from the part or unit to be	71038
licensed as an adult care facility.	71039

(C) In determining the number of residents in a home for the	71040
purpose of licensing, the director shall consider all the	71041
individuals for whom the home provides accommodations as one group	71042
unless one of the following is the case:	71043

(1) The home is a home for the aging, in which case all the	71044
individuals in the part or unit licensed as a nursing home shall	71045
be considered as one group, and all the individuals in the part or	71046
unit licensed as a rest home shall be considered as another group.	71047

(2) The home is both a nursing home and an adult care	71048
facility. In that case, all the individuals in the part or unit	71049
licensed as a nursing home shall be considered as one group, and	71050
all the individuals in the part or unit licensed as an adult care	71051
facility shall be considered as another group.	71052

(3) The home maintains, in addition to a nursing home or	71053
residential care facility, a separate and discrete part or unit	71054
that provides accommodations to individuals who do not require or	71055
receive skilled nursing care and do not receive personal care	71056
services from the home, in which case the individuals in the	71057
separate and discrete part or unit shall not be considered in	71058
determining the number of residents in the home if the separate	71059
and discrete part or unit is in compliance with the Ohio basic	71060
building code established by the board of building standards under	71061
Chapters 3781. and 3791. of the Revised Code and the home permits	71062
the director, on request, to inspect the separate and discrete	71063
part or unit and speak with the individuals residing there, if	71064
they consent, to determine whether the separate and discrete part	71065
or unit meets the requirements of this division.	71066

(D)(1) The director of health shall charge the following	71067
application fee and annual renewal licensing and inspection fee	71068
for each fifty persons or part thereof of a home's licensed	71069
capacity:	71070

(a) For state fiscal year 2010, two hundred twenty dollars;

71071

(b) For state fiscal year 2011, two hundred seventy dollars;

71072

(c) For each state fiscal year thereafter, three hundred	71073
twenty dollars.	71074

(2) All fees collected by the director for the issuance or	71075
renewal of licenses shall be deposited into the state treasury to	71076
the credit of the general operations fund created in section	71077
3701.83 of the Revised Code for use only in administering and	71078
enforcing this chapter and rules adopted under it.	71079

(E)(1) Except as otherwise provided in this section, the	71080
results of an inspection or investigation of a home that is	71081
conducted under this section, including any statement of	71082
deficiencies and all findings and deficiencies cited in the	71083
statement on the basis of the inspection or investigation, shall	71084
be used solely to determine the home's compliance with this	71085
chapter or another chapter of the Revised Code in any action or	71086
proceeding other than an action commenced under division (I) of	71087
section 3721.17 of the Revised Code. Those results of an	71088
inspection or investigation, that statement of deficiencies, and	71089
the findings and deficiencies cited in that statement shall not be	71090
used in any court or in any action or proceeding that is pending	71091
in any court and are not admissible in evidence in any action or	71092
proceeding unless that action or proceeding is an appeal of an	71093
action by the department of health under this chapter or is an	71094
action by any department or agency of the state to enforce this	71095
chapter or another chapter of the Revised Code.	71096

(2) Nothing in division (E)(1) of this section prohibits the	71097
results of an inspection or investigation conducted under this	71098
section from being used in a criminal investigation or	71099
prosecution.	71100

Sec. 3721.031. (A) The director of health may investigate	71101
any complaint the director receives concerning a home. If the	71102
director investigates a complaint, the director shall conduct an	71103
initial investigation of a complaint as a desk audit. If pursuant	71104
to the desk audit the director determines sufficient cause exists	71105
for an on-site examination, the director shall continue the	71106
investigation with an on-site examination.	71107

(B)(1) Except as required by court order, as necessary for	71108
the administration or enforcement of any statute relating to	71109
homes, or as provided in division ~~(C)~~(D) of this section, the	71110
director and any employee of the department of health shall not	71111
release any of the following information without the permission of	71112
the individual or of the individual's legal representative:	71113

(a) The identity of any patient or resident;

71114

(b) The identity of any individual who submits a complaint	71115
about a home;	71116

(c) The identity of any individual who provides the director	71117
with information about a home and has requested confidentiality;	71118

(d) Any information that reasonably would tend to disclose	71119
the identity of any individual described in division ~~(A)~~(B)(1)(a)	71120
to (c) of this section.	71121

(2) An agency or individual to whom the director is required,	71122
by court order or for the administration or enforcement of a	71123
statute relating to homes, to release information described in	71124
division ~~(A)~~(B)(1) of this section shall not release the	71125
information without the permission of the individual who would be	71126
or would reasonably tend to be identified, or of the individual's	71127
legal representative, unless the agency or individual is required	71128
to release it by division ~~(C)~~(D) of this section, by court order,	71129
or for the administration or enforcement of a statute relating to	71130
homes.	71131

~~(B)~~(C) Except as provided in division ~~(C)~~(D) of this section,	71132
any record that identifies an individual described in division	71133
~~(A)~~(B)(1)(a) to (c) of this section or that reasonably would tend	71134
to identify such an individual is not a public record for the	71135
purposes of section 149.43 of the Revised Code, and is not subject	71136
to inspection and copying under section 1347.08 of the Revised	71137
Code.	71138

~~(C)~~(D) If the director, or an agency or individual to whom	71139
the director is required by court order or for administration or	71140
enforcement of a statute relating to homes to release information	71141
described in division ~~(A)~~(B)(1) of this section, uses information	71142
in any administrative or judicial proceeding against a home that	71143
reasonably would tend to identify an individual described in	71144
division ~~(A)~~(B)(1)(a) to (c) of this section, the director,	71145
agency, or individual shall disclose that information to the home.	71146
However, the director, agency, or individual shall not disclose	71147
information that directly identifies an individual described in	71148
divisions ~~(A)~~(B)(1)(a) to (c) of this section, unless the	71149
individual is to testify in the proceedings.	71150

~~(D)~~(E) No person shall knowingly register a false complaint	71151
about a home with the director, or knowingly swear or affirm the	71152
truth of a false complaint, when the complaint is made for the	71153
purpose of incriminating another.	71154

~~(E)~~(F) An individual who in good faith submits a complaint	71155
under this section or any other provision of the Revised Code	71156
regarding a violation of this chapter, or participates in any	71157
investigation, administrative proceeding, or judicial proceeding	71158
resulting from the complaint, has the full protection against	71159
retaliatory action provided by sections 4113.51 to 4113.53 of the	71160
Revised Code.	71161

Sec. 3721.04. (A) The public health council shall adopt and	71162
publish rules governing the operation of homes, which shall have	71163
uniform application throughout the state, and shall prescribe	71164
standards for homes with respect to, but not limited to, the	71165
following matters:	71166

(1) The minimum space requirements for occupants and	71167
equipping of the buildings in which homes are housed so as to	71168
ensure healthful, safe, sanitary, and comfortable conditions for	71169
all residents, so long as they are not inconsistent with Chapters	71170
3781. and 3791. of the Revised Code or with any rules adopted by	71171
the board of building standards and by the state fire marshal;	71172

(2) The number and qualifications of personnel, including	71173
management and nursing staff, for each class of home, and the	71174
qualifications of nurse aides, as defined in section 3721.21 of	71175
the Revised Code, used by long-term care facilities, as defined in	71176
that section;	71177

(3) The medical, rehabilitative, and recreational services to	71178
be provided by each class of home;	71179

(4) Dietetic services, including but not limited to	71180
sanitation, nutritional adequacy, and palatability of food;	71181

(5) The personal and social services to be provided by each	71182
class of home;	71183

(6) The business and accounting practices to be followed and	71184
the type of patient and business records to be kept by such homes;	71185

(7) The operation of adult day-care programs provided by and	71186
on the same site as homes licensed under this chapter;	71187

(8) The standards and procedures to be followed by	71188
residential care facilities in admitting and retaining a resident	71189
who requires the application of dressings, including requirements	71190
for charting and evaluating on a weekly basis;	71191

(9) The requirements for conducting weekly evaluations of	71192
residents receiving skilled nursing care in residential care	71193
facilities.	71194

(B) The public health council may adopt whatever additional	71195
rules are necessary to carry out or enforce the provisions of	71196
sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.	71197

(C) The following apply to the public health council when	71198
adopting rules under division (A)(2) of this section regarding the	71199
number and qualifications of personnel in homes:	71200

(1) When adopting rules applicable to residential care	71201
facilities, the public health council shall take into	71202
consideration the effect that the following may have on the number	71203
of personnel needed:	71204

(a) Provision of personal care services;

71205

(b) Provision of part-time, intermittent skilled nursing care	71206
pursuant to division (C) of section 3721.011 of the Revised Code;	71207

(c) Provision of skilled nursing care to ~~hospice patients~~	71208
residents pursuant to division (D) of section 3721.011 of the	71209
Revised Code.	71210

(2) The rules prescribing qualifications of nurse aides used	71211
by long-term care facilities, as those terms are defined in	71212
section 3721.21 of the Revised Code, shall be no less stringent	71213
than the requirements, guidelines, and procedures established by	71214
the United States secretary of health and human services under	71215
sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620	71216
(1935), 42 U.S.C.A. 301, as amended.	71217

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	71218
Revised Code:	71219

(A) "Franchise permit fee rate" means the ~~amount determined~~	71220
~~as follows~~following:	71221

(1) ~~Determine the difference between the following:~~

71222

~~(a) The total net patient revenue, less medicaid per diem~~	71223
~~payments, of all nursing homes and hospital long-term care units~~	71224
~~as shown on cost reports filed under section 5111.26 of the~~	71225
~~Revised Code for the calendar year immediately preceding the~~	71226
~~fiscal year for which the franchise permit fee is assessed under~~	71227
~~section 3721.51 of the Revised Code~~For fiscal year 2012, eleven	71228
dollars and thirty-eight cents;	71229

~~(b) The total net patient revenue, less medicaid per diem~~	71230
~~payments, of all nursing homes and hospital long-term care units~~	71231
~~as shown on cost reports filed under section 5111.26 of the~~	71232
~~Revised Code for the calendar year immediately preceding the~~	71233
~~calendar year that immediately precedes the fiscal year for which~~	71234
~~the franchise permit fee is assessed under section 3721.51 of the~~	71235
~~Revised Code.~~	71236

(2) ~~Multiply the amount determined under division (A)(1) of~~	71237
~~this section by five and five-tenths per cent;~~	71238

~~(3) Divide the amount determined under division (A)(2) of~~	71239
~~this section by the total number of days in the fiscal year for~~	71240
~~which the franchise permit fee is assessed under section 3721.51~~	71241
~~of the Revised Code;~~	71242

~~(4) Subtract eleven dollars and ninety-five cents from the~~	71243
~~amount determined under division (A)(3) of this section;~~	71244

~~(5) Add eleven dollars and ninety-five cents to the amount~~	71245
~~determined under division (A)(4) of this section~~For fiscal year	71246
2013 and each fiscal year thereafter, eleven dollars and sixty	71247
cents.	71248

(B) "Hospital" has the same meaning as in section 3727.01 of	71249
the Revised Code.	71250

(C) "Hospital long-term care unit" means any distinct part of	71251
a hospital in which any of the following beds are located:	71252

(1) Beds registered pursuant to section 3701.07 of the	71253
Revised Code as skilled nursing facility beds or long-term care	71254
beds;	71255

(2) Beds licensed as nursing home beds under section 3721.02	71256
or 3721.09 of the Revised Code.	71257

(D) "Indirect guarantee percentage" means the percentage	71258
specified in section 1903(w)(4)(C)(ii) of the "Social Security	71259
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is	71260
to be used in determining whether a class of providers is	71261
indirectly held harmless for any portion of the costs of a	71262
broad-based health-care-related tax. If the indirect guarantee	71263
percentage changes during a fiscal year, the indirect guarantee	71264
percentage is the following:	71265

(1) For the part of the fiscal year before the change takes	71266
effect, the percentage in effect before the change;	71267

(2) For the part of the fiscal year beginning with the date	71268
the indirect guarantee percentage changes, the new percentage.	71269

(E) "Inpatient days" means all days during which a resident	71270
of a nursing facility, regardless of payment source, occupies a	71271
bed in the nursing facility that is included in the facility's	71272
certified capacity under Title XIX. Therapeutic or hospital leave	71273
days for which payment is made under section 5111.26 of the	71274
Revised Code are considered inpatient days proportionate to the	71275
percentage of the facility's per resident per day rate paid for	71276
those days.	71277

~~(E)~~(F) "Medicaid" has the same meaning as in section 5111.01	71278
of the Revised Code.	71279

~~(F)~~(G) "Medicaid day" means all days during which a resident	71280
who is a medicaid recipient occupies a bed in a nursing facility	71281
that is included in the facility's certified capacity under Title	71282
XIX. Therapeutic or hospital leave days for which payment is made	71283
under section 5111.26 of the Revised Code are considered medicaid	71284
days proportionate to the percentage of the nursing facility's per	71285
resident per day rate for those days.	71286

~~(G)~~(H) "Medicare" means the program established by Title	71287
XVIII.	71288

~~(H)~~(I) "Nursing facility" has the same meaning as in section	71289
5111.20 of the Revised Code.	71290

~~(I)~~(J)(1) "Nursing home" means all of the following:

71291

(a) A nursing home licensed under section 3721.02 or 3721.09	71292
of the Revised Code, including any part of a home for the aging	71293
licensed as a nursing home;	71294

(b) A facility or part of a facility, other than a hospital,	71295
that is certified as a skilled nursing facility under Title XVIII;	71296

(c) A nursing facility, other than a portion of a hospital	71297
certified as a nursing facility.	71298

(2) "Nursing home" does not include any of the following:

71299

(a) A county home, county nursing home, or district home	71300
operated pursuant to Chapter 5155. of the Revised Code;	71301

(b) A nursing home maintained and operated by the department	71302
of veterans services under section 5907.01 of the Revised Code;	71303

(c) A nursing home or part of a nursing home licensed under	71304
section 3721.02 or 3721.09 of the Revised Code that is certified	71305
as an intermediate care facility for the mentally retarded under	71306
Title XIX.	71307

~~(J)~~(K) "Title XIX" means Title XIX of the "Social Security	71308
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	71309

~~(K)~~(L) "Title XVIII" means Title XVIII of the "Social	71310
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	71311

Sec. 3721.51. The department of job and family services	71312
shall do all of the following:	71313

(A) Subject to sections 3721.512 and 3721.513 of the Revised	71314
Code and divisions (C) and (D) of this section and for the	71315
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	71316
Revised Code, determine an annual franchise permit fee on each	71317
nursing home in an amount equal to the franchise permit fee rate	71318
multiplied by the product of the following:	71319

(1) The number of beds licensed as nursing home beds, plus	71320
any other beds certified as skilled nursing facility beds under	71321
Title XVIII or nursing facility beds under Title XIX on the first	71322
day of May of the calendar year in which the fee is determined	71323
pursuant to division (A) of section 3721.53 of the Revised Code;	71324

(2) The number of days in the fiscal year beginning on the	71325
first day of July of the calendar year in which the fee is	71326
determined pursuant to division (A) of section 3721.53 of the	71327
Revised Code.	71328

(B) Subject to sections 3721.512 and 3721.513 of the Revised	71329
Code and divisions (C) and (D) of this section and for the	71330
purposes specified in ~~sections~~section 3721.56 ~~and 3721.561~~ of the	71331
Revised Code, determine an annual franchise permit fee on each	71332
hospital in an amount equal to the franchise permit fee rate	71333
multiplied by the product of the following:	71334

(1) The number of beds registered pursuant to section 3701.07	71335
of the Revised Code as skilled nursing facility beds or long-term	71336
care beds, plus any other beds licensed as nursing home beds under	71337
section 3721.02 or 3721.09 of the Revised Code, on the first day	71338
of May of the calendar year in which the fee is determined	71339
pursuant to division (A) of section 3721.53 of the Revised Code;	71340

(2) The number of days in the fiscal year beginning on the	71341
first day of July of the calendar year in which the fee is	71342
determined pursuant to division (A) of section 3721.53 of the	71343
Revised Code.	71344

(C) If the total amount of the franchise permit fee assessed	71345
under divisions (A) and (B) of this section for a fiscal year	71346
exceeds ~~five and one-half per cent~~the indirect guarantee	71347
percentage of the actual net patient revenue for all nursing homes	71348
and hospital long-term care units for that fiscal year, do both of	71349
the following:	71350

(1) Recalculate the assessments under divisions (A) and (B)	71351
of this section using a per bed per day rate equal to ~~five and~~	71352
~~one-half per cent~~the indirect guarantee percentage of actual net	71353
patient revenue for all nursing homes and hospital long-term care	71354
units for that fiscal year;	71355

(2) Refund the difference between the amount of the franchise	71356
permit fee assessed for that fiscal year under divisions (A) and	71357
(B) of this section and the amount recalculated under division	71358
(C)(1) of this section as a credit against the assessments imposed	71359
under divisions (A) and (B) of this section for the subsequent	71360
fiscal year.	71361

(D) If the United States centers for medicare and medicaid	71362
services determines that the franchise permit fee established by	71363
sections 3721.50 to 3721.58 of the Revised Code is an	71364
impermissible health care-related tax under section 1903(w) of the	71365
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	71366
amended, take all necessary actions to cease implementation of	71367
sections 3721.50 to 3721.58 of the Revised Code in accordance with	71368
rules adopted under section 3721.58 of the Revised Code.	71369

~~Sec. 3721.561.~~ Sec. 3721.56. (A) There is hereby created in the	71370
state treasury the nursing ~~facility stabilization~~home franchise	71371
permit fee fund. All payments and penalties paid by nursing homes	71372
and hospitals under sections 3721.53 and 3721.54 of the Revised	71373
Code ~~that are not deposited into the home and community-based~~	71374
~~services for the aged fund~~ shall be deposited into the fund. The	71375
fund shall also consist of money deposited into it pursuant to	71376
sections 3769.08 and 3769.26 of the Revised Code. Subject to	71377
division (B) of section 3769.08 of the Revised Code, the	71378
department of job and family services shall use the money in the	71379
fund to make medicaid payments to providers of nursing ~~facilities~~	71380
facility services and providers of home and community-based	71381
services. Money in the fund may also be used for the residential	71382
state supplement program established under section 5119.69 of the	71383
Revised Code.	71384

(B) Any money remaining in the nursing ~~facility stabilization~~	71385
home franchise permit fee fund after payments specified in	71386
division (A) of this section are made shall be retained in the	71387
fund. Any interest or other investment proceeds earned on money in	71388
the fund shall be credited to the fund and used to make medicaid	71389
payments in accordance with division (A) of this section.	71390

Sec. 3721.58. The director of job and family services shall	71391
adopt rules in accordance with Chapter 119. of the Revised Code to	71392
do ~~all~~both of the following:	71393

(A) Prescribe the actions the department of job and family	71394
services will take to cease implementation of sections 3721.50	71395
through 3721.57 of the Revised Code if the United States centers	71396
for medicare and medicaid services determines that the franchise	71397
permit fee established by those sections is an impermissible	71398
health-care related tax under section 1903(w) of the "Social	71399
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	71400
amended;	71401

(B) ~~Establish the method of distributing moneys in the home~~	71402
~~and community-based services for the aged fund created under~~	71403
~~section 3721.56 of the Revised Code;~~	71404

~~(C)~~ Establish any requirements or procedures the director	71405
considers necessary to implement sections 3721.50 to 3721.58 of	71406
the Revised Code.	71407

Sec. 3721.99. (A) Whoever violates section 3721.021,	71408
division (B), (D), or (E) of section 3721.05, division (A), (C),	71409
or (D) of section 3721.051, section 3721.06, division (A) of	71410
section 3721.22, division (A) or (B) of section 3721.24, or	71411
division (E) or (F) of section 3721.30 of the Revised Code shall	71412
be fined one hundred dollars for a first offense. For each	71413
subsequent offense, the violator shall be fined five hundred	71414
dollars.	71415

(B) Whoever violates division (A) or (C) of section 3721.05	71416
or division (B) of section 3721.051 of the Revised Code shall be	71417
fined five thousand dollars for a first offense. For each	71418
subsequent offense, the violator shall be fined ten thousand	71419
dollars.	71420

(C) Whoever violates division ~~(D)~~(E) of section 3721.031 or	71421
division (E) of section 3721.22 of the Revised Code is guilty of	71422
registering a false complaint, a misdemeanor of the first degree.	71423

Sec. 3729.01. As used in this chapter:

71424

(A) "Camp operator" means the operator of a recreational	71425
vehicle park, recreation camp, combined park-camp, or temporary	71426
park-camp.	71427

(B) "Campsite user" means a person who enters into a campsite	71428
use agreement with a camp operator for the use of a campsite at a	71429
recreational vehicle park, recreation camp, combined park-camp, or	71430
temporary park-camp.	71431

(C) "Combined park-camp" means any tract of land upon which a	71432
combination of five or more self-contained recreational vehicles	71433
or portable camping units are placed and includes any roadway,	71434
building, structure, vehicle, or enclosure used or intended for	71435
use as part of the park facilities. A tract of land that is	71436
subdivided for lease or other contract of the individual lots is a	71437
combined park-camp if a combination of five or more recreational	71438
vehicles or portable camping units are placed on it for	71439
recreation, vacation, or business purposes.	71440

"Combined park-camp" does not include any tract of land used	71441
solely as a temporary park-camp or solely as a manufactured home	71442
park.	71443

(D) "Dependent recreational vehicle" means a recreational	71444
vehicle other than a self-contained recreational vehicle.	71445
"Dependent recreational vehicle" includes a park model.	71446

(E) "Development" means any artificial change to improved or	71447
unimproved real estate, including, without limitation, buildings	71448
or structures, dredging, filling, grading, paving, excavation or	71449
drilling operations, or storage of equipment or materials, and the	71450
construction, expansion, or substantial alteration of a	71451
recreational vehicle park, recreation camp, or combined park-camp,	71452
for which plan review is required under division (A) of section	71453
3729.03 of the Revised Code. "Development" does not include the	71454
building, construction, erection, or manufacture of any building	71455
to which section 3781.06 of the Revised Code is applicable.	71456

(F) "Director of health" means the director of health or the	71457
director's authorized representative.	71458

(G) "Flood" or "flooding" means either of the following:

71459

(1) A general and temporary condition of partial or complete	71460
inundation of normally dry land areas from any of the following:	71461

(a) The overflow of inland or tidal waters;

71462

(b) The unusual and rapid accumulation or runoff of surface	71463
waters from any source;	71464

(c) Mudslides that are proximately caused by flooding as	71465
defined in division (G)(1)(b) of this section and that are akin to	71466
a river of liquid and flowing mud on the surface of normally dry	71467
land areas, as when earth is carried by a current of water and	71468
deposited along the path of the current.	71469

(2) The collapse or subsidence of land along the shore of a	71470
lake or other body of water as a result of erosion or undermining	71471
that is caused by waves or currents of water exceeding anticipated	71472
cyclical levels or that is suddenly caused by an unusually high	71473
water level in a natural body of water, and that is accompanied by	71474
a severe storm, by an unanticipated force of nature, such as a	71475
flash flood, by an abnormal tidal surge, or by some similarly	71476
unusual and unforeseeable event, that results in flooding as	71477
defined in division (G)(1)(a) of this section.	71478

(H) "Flood plain" means the area adjoining any river, stream,	71479
watercourse, or lake that has been or may be covered by flood	71480
water.	71481

(I) "Licensor" means either the board of health of a city or	71482
general health district, or the authority having the duties of a	71483
board of health in any city as authorized by section 3709.05 of	71484
the Revised Code, or the director of health, when required under	71485
division (B) of section 3729.06 of the Revised Code. "Licensor"	71486
also means an authorized representative of any of those entities	71487
or of the director.	71488

(J) "Manufactured home park" has the same meaning as in	71489
section ~~3733.01~~4781.01 of the Revised Code.	71490

(K) "One-hundred-year flood" means a flood having a one per	71491
cent chance of being equaled or exceeded in any given year.	71492

(L) "One-hundred-year flood plain" means that portion of a	71493
flood plain inundated by a one-hundred-year flood.	71494

(M) "Operator" means the person who has responsible charge of	71495
a recreational vehicle park, recreation camp, combined park-camp,	71496
or temporary park-camp and who is licensed under this chapter.	71497

(N) "Park model" means a recreational vehicle that meets the	71498
American national standard institute standard A119.5(1988) for	71499
park trailers, is built on a single chassis, has a gross trailer	71500
area of not more than four hundred square feet when set up, is	71501
designed for seasonal or temporary living quarters, and may be	71502
connected to utilities necessary for operation of installed	71503
features and appliances.	71504

(O) "Person" has the same meaning as in section 1.59 of the	71505
Revised Code and also includes this state, any political	71506
subdivision of this state, and any other state or local body of	71507
this state.	71508

(P) "Portable camping units" means dependent recreational	71509
vehicles, tents, portable sleeping equipment, and similar camping	71510
equipment used for travel, recreation, vacation, or business	71511
purposes.	71512

(Q) "Recreation camp" means any tract of land upon which five	71513
or more portable camping units are placed and includes any	71514
roadway, building, structure, vehicle, or enclosure used or	71515
intended for use as a part of the facilities of the camp. A tract	71516
of land that is subdivided for lease or other contract of the	71517
individual lots is a recreation camp if five or more portable	71518
camping units are placed on it for recreation, vacation, or	71519
business purposes.	71520

"Recreation camp" does not include any tract of land used	71521
solely for the storage or display for sale of dependent	71522
recreational vehicles, solely as a temporary park-camp, or solely	71523
as a manufactured home park.	71524

(R) "Recreational vehicle" has the same meaning as in section	71525
4501.01 of the Revised Code.	71526

(S) "Recreational vehicle park" means any tract of land used	71527
for parking five or more self-contained recreational vehicles and	71528
includes any roadway, building, structure, vehicle, or enclosure	71529
used or intended for use as part of the park facilities and any	71530
tract of land that is subdivided for lease or other contract of	71531
the individual lots for the express or implied purpose of placing	71532
self-contained recreational vehicles for recreation, vacation, or	71533
business purposes.	71534

"Recreational vehicle park" does not include any tract of	71535
land used solely for the storage or display for sale of	71536
self-contained recreational vehicles, solely as a temporary	71537
park-camp, or solely as a manufactured home park.	71538

(T) "Self-contained recreational vehicle" means a	71539
recreational vehicle that can operate independent of connections	71540
to sewer and water and has plumbing fixtures or appliances all of	71541
which are connected to sewage holding tanks located within the	71542
vehicle. "Self-contained recreational vehicle" includes a park	71543
model.	71544

(U) "Substantially alter" means a change in the layout or	71545
design of a recreational vehicle park, recreation camp, combined	71546
park-camp, or temporary park-camp, including, without limitation,	71547
the movement of utilities or changes in established streets, lots,	71548
or sites or in other facilities.	71549

(V) "Temporary park-camp" means any tract of land used for a	71550
period not to exceed a total of twenty-one days per calendar year	71551
for the purpose of parking five or more recreational vehicles,	71552
dependent recreational vehicles, or portable camping units, or any	71553
combination thereof, for one or more periods of time that do not	71554
exceed seven consecutive days or parts thereof.	71555

(W) "Tract" means a contiguous area of land that consists of	71556
one or more parcels, lots, or sites that have been separately	71557
surveyed regardless of whether the individual parcels, lots, or	71558
sites have been recorded and regardless of whether the one or more	71559
parcels, lots, or sites are under common or different ownership.	71560

Sec. 3733.21. (A) As used in ~~sections 3733.21 to 3733.30 of~~	71561
~~the Revised Code~~this section:	71562

~~(A)~~(1) "Board of health" means the board of health of a city	71563
or general health district or the authority having the duties of a	71564
board of health in any city as authorized by section 3709.05 of	71565
the Revised Code.	71566

~~(B) "Director" means the director of health or his authorized~~	71567
~~representative.~~	71568

~~(C)~~(2) "Dock" means a structure or platform either parallel	71569
or perpendicular to the shoreline designed to provide access to or	71570
an area to secure watercraft.	71571

~~(D)~~(3) "Health district" means a city or general health	71572
district as created by or under authority of Chapter 3709. of the	71573
Revised Code.	71574

~~(E)~~(4) "Marina" means a boat basin that has docks or moorings	71575
for seven or more watercraft as defined in section 1547.01 of the	71576
Revised Code. "Marina" does not include:	71577

~~(1)~~(a) Any dock or mooring contiguous to a privately owned	71578
residence and used exclusively by the owner and the owner's	71579
guests;	71580

~~(2)~~(b) Any dock, mooring, or other area where watercraft are	71581
stored or in storage;	71582

~~(3)~~(c) Any dry dock or shipyard where the watercraft are	71583
being held for maintenance or repairs;	71584

~~(4)~~(d) Any boat basin where all of the watercraft moored are	71585
rowboats, canoes, pedal boats, or other watercraft propelled by	71586
human muscular effort;	71587

~~(5)~~(e) Any dock or mooring on inland lakes used by the owner,	71588
or guests of the owner, of a private residence located on land	71589
that is contiguous to land, owned by this state or an agency or	71590
political subdivision of this state, contiguous to the dock or	71591
mooring;	71592

~~(6)~~(f) Any boat basin located on waters where the watercraft	71593
used are normally unsuited for the installation of on-board	71594
permanent sanitary systems.	71595

~~(F)~~(5) "Mooring" means that portion of a dock, or any	71596
equipment or area, used to secure watercraft.	71597

~~(G) "Person" means the state or any political subdivision,~~	71598
~~special district, public or private corporation, individual, firm,~~	71599
~~partnership, association, or other entity.~~	71600

~~(H) "Public health council" means the public health council~~	71601
~~as created by section 3701.33 of the Revised Code.~~	71602

~~(I) "Sanitary facilities" includes restrooms, water supply,~~	71603
~~facilities for the pumping of watercraft holding tanks, and those~~	71604
~~other facilities to ensure the sanitary operation of marinas and~~	71605
~~the watercraft using them as are considered necessary by the~~	71606
~~public health council in rules adopted under section 3733.22 of~~	71607
~~the Revised Code.~~	71608

(B) A board of health within whose jurisdiction a marina is	71609
located may adopt rules governing the inspection of and issuance	71610
of licenses for marinas. The rules may include provisions for the	71611
levying of a fee for a marina license. The fee shall be	71612
established in accordance with section 3709.09 of the Revised	71613
Code.	71614

Sec. 3733.41. As used in sections 3733.41 to ~~3733.49~~3733.43	71615
of the Revised Code:	71616

(A) "Agricultural labor camp" means one or more buildings or	71617
structures, trailers, tents, or vehicles, together with any land	71618
appertaining thereto, established, operated, or used as temporary	71619
living quarters for two or more families or five or more persons	71620
intending to engage in or engaged in agriculture or related food	71621
processing, whether occupancy is by rent, lease, or mutual	71622
agreement. "Agricultural labor camp" does not include a hotel or	71623
motel, or a ~~trailer~~manufactured home park ~~as defined and~~	71624
regulated pursuant to sections ~~3733.01~~4781.26 to ~~3733.08~~4781.52	71625
of the Revised Code, and rules adopted thereunder.	71626

(B) "Board of health" means the board of health of a city or	71627
general health district or the authority having the duties of a	71628
board of health in any city as authorized by section 3709.05 of	71629
the Revised Code or an authorized representative of the board of	71630
health.	71631

~~(C) "Director" means the director of the department of health~~	71632
~~or his authorized representative.~~	71633

~~(D) "Licensor" means the director of health.~~

71634

~~(E) "Person" means the state, any political subdivision,~~	71635
~~public or private corporation, partnership, association, trust,~~	71636
~~individual, or other entity.~~	71637

~~(F) "Public health council" means the public health council~~	71638
~~as created by section 3701.33 of the Revised Code.~~	71639

Sec. 3733.42. A board of health within whose jurisdiction an	71640
agricultural labor camp is located may adopt rules governing the	71641
inspection of and issuance of licenses for agricultural labor	71642
camps. The rules may include provisions for the levying of a fee	71643
for an agricultural labor camp license. The fee shall be	71644
established in accordance with section 3709.09 of the Revised	71645
Code.	71646

~~Sec. 3733.49.~~ Sec. 3733.43. (A) There is hereby established under	71647
the authority of the director of job and family services the	71648
office of the migrant agricultural ombudsperson. The director	71649
shall appoint the ombudsperson. No person shall serve as	71650
ombudsperson who has a fiduciary or pecuniary interest in an	71651
agricultural labor camp. The ombudsperson shall have recognized	71652
ability and experience in migrant labor issues and shall speak	71653
both English and Spanish fluently. The ombudsperson shall be a	71654
member of the classified civil service and shall be subject to an	71655
annual job evaluation by the director. The ombudsperson's salary	71656
shall be established in a pay range fixed by the director.	71657

(B) The migrant agricultural ombudsperson shall:

71658

(1) Collect and compile available data, statistics, and	71659
information concerning migrant agricultural laborers and	71660
agricultural labor camps published by any agency of this state,	71661
any agency of the federal government, and private organizations,	71662
including, but not limited to, churches and Hispanic	71663
organizations. These data, statistics, and information are public	71664
records as defined in section 149.43 of the Revised Code.	71665

(2) Coordinate the collection, analysis, and dissemination of	71666
information about the supply and quality of housing for migrant	71667
agricultural laborers in both licensed and unlicensed camps;	71668

(3) Become familiar with state and federal laws and rules	71669
concerning migrant agricultural laborers and agricultural labor	71670
camps and especially with state and federal programs for which	71671
migrant agricultural laborers might qualify;	71672

(4) Establish a toll-free telephone number that:

71673

(a) Camp owners and farmers who employ migrant agricultural	71674
laborers may use to seek clarification of laws and rules	71675
applicable to camps and for registering complaints; and	71676

(b) Migrant agricultural laborers may use for the purpose of	71677
obtaining information described in divisions (B)(1) and (2) of	71678
this section and for registering complaints.	71679

(5) Refer problems, complaints, or questions brought to the	71680
ombudsperson's attention to the appropriate state or federal	71681
agency or the attorney general;	71682

(6) Serve as an advocate for migrant agricultural laborers in	71683
social service matters;	71684

(7) Submit an annual report to the president of the senate,	71685
the speaker of the house of representatives, and the members of	71686
the minority leadership of the senate and house of representatives	71687
on or before the thirtieth day of June of each year describing	71688
migrant agricultural labor conditions found by the ombudsperson's	71689
office, along with an assessment of the effect of existing law on	71690
migrant agricultural labor and labor camps and any recommendations	71691
for change. The report shall contain a compilation of the kinds of	71692
complaints received and recommendations for any changes in the	71693
laws or rules that the ombudsperson considers necessary or	71694
desirable.	71695

(8) Develop and recommend to the general assembly definitions	71696
of "migrant agricultural laborer" and "migrant farmworker child"	71697
to be used consistently by all state agencies, including, but not	71698
limited to, boards, departments, divisions, commissions, bureaus,	71699
societies, councils, and institutions; and	71700

(9) Conduct a peak-period census of migrant agricultural	71701
laborers in this state, by county, so that the ombudsperson can	71702
properly assess the need for housing for those laborers. The	71703
department of health shall assist the ombudsperson by providing	71704
information on the peak occupancy of agricultural labor camps and	71705
other additional information obtained through inspections of	71706
agricultural labor camps.	71707

Sec. 3734.02. (A) The director of environmental protection,	71708
in accordance with Chapter 119. of the Revised Code, shall adopt	71709
and may amend, suspend, or rescind rules having uniform	71710
application throughout the state governing solid waste facilities	71711
and the inspections of and issuance of permits and licenses for	71712
all solid waste facilities in order to ensure that the facilities	71713
will be located, maintained, and operated, and will undergo	71714
closure and post-closure care, in a sanitary manner so as not to	71715
create a nuisance, cause or contribute to water pollution, create	71716
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	71717
257.3-8, as amended. The rules may include, without limitation,	71718
financial assurance requirements for closure and post-closure care	71719
and corrective action and requirements for taking corrective	71720
action in the event of the surface or subsurface discharge or	71721
migration of explosive gases or leachate from a solid waste	71722
facility, or of ground water contamination resulting from the	71723
transfer or disposal of solid wastes at a facility, beyond the	71724
boundaries of any area within a facility that is operating or is	71725
undergoing closure or post-closure care where solid wastes were	71726
disposed of or are being disposed of. The rules shall not concern	71727
or relate to personnel policies, salaries, wages, fringe benefits,	71728
or other conditions of employment of employees of persons owning	71729
or operating solid waste facilities. The director, in accordance	71730
with Chapter 119. of the Revised Code, shall adopt and may amend,	71731
suspend, or rescind rules governing the issuance, modification,	71732
revocation, suspension, or denial of variances from the director's	71733
solid waste rules, including, without limitation, rules adopted	71734
under this chapter governing the management of scrap tires.	71735

Variances shall be issued, modified, revoked, suspended, or	71736
rescinded in accordance with this division, rules adopted under	71737
it, and Chapter 3745. of the Revised Code. The director may order	71738
the person to whom a variance is issued to take such action within	71739
such time as the director may determine to be appropriate and	71740
reasonable to prevent the creation of a nuisance or a hazard to	71741
the public health or safety or the environment. Applications for	71742
variances shall contain such detail plans, specifications, and	71743
information regarding objectives, procedures, controls, and other	71744
pertinent data as the director may require. The director shall	71745
grant a variance only if the applicant demonstrates to the	71746
director's satisfaction that construction and operation of the	71747
solid waste facility in the manner allowed by the variance and any	71748
terms or conditions imposed as part of the variance will not	71749
create a nuisance or a hazard to the public health or safety or	71750
the environment. In granting any variance, the director shall	71751
state the specific provision or provisions whose terms are to be	71752
varied and also shall state specific terms or conditions imposed	71753
upon the applicant in place of the provision or provisions. The	71754
director may hold a public hearing on an application for a	71755
variance or renewal of a variance at a location in the county	71756
where the operations that are the subject of the application for	71757
the variance are conducted. The director shall give not less than	71758
twenty days' notice of the hearing to the applicant by certified	71759
mail and shall publish at least one notice of the hearing in a	71760
newspaper with general circulation in the county where the hearing	71761
is to be held. The director shall make available for public	71762
inspection at the principal office of the environmental protection	71763
agency a current list of pending applications for variances and a	71764
current schedule of pending variance hearings. The director shall	71765
make a complete stenographic record of testimony and other	71766
evidence submitted at the hearing. Within ten days after the	71767
hearing, the director shall make a written determination to issue,	71768
renew, or deny the variance and shall enter the determination and	71769
the basis for it into the record of the hearing. The director	71770
shall issue, renew, or deny an application for a variance or	71771
renewal of a variance within six months of the date upon which the	71772
director receives a complete application with all pertinent	71773
information and data required. No variance shall be issued,	71774
revoked, modified, or denied until the director has considered the	71775
relative interests of the applicant, other persons and property	71776
affected by the variance, and the general public. Any variance	71777
granted under this division shall be for a period specified by the	71778
director and may be renewed from time to time on such terms and	71779
for such periods as the director determines to be appropriate. No	71780
application shall be denied and no variance shall be revoked or	71781
modified without a written order stating the findings upon which	71782
the denial, revocation, or modification is based. A copy of the	71783
order shall be sent to the applicant or variance holder by	71784
certified mail.	71785

(B) The director shall prescribe and furnish the forms	71786
necessary to administer and enforce this chapter. The director may	71787
cooperate with and enter into agreements with other state, local,	71788
or federal agencies to carry out the purposes of this chapter. The	71789
director may exercise all incidental powers necessary to carry out	71790
the purposes of this chapter.	71791

The director may use moneys in the infectious waste	71792
management fund created in section 3734.021 of the Revised Code	71793
exclusively for administering and enforcing the provisions of this	71794
chapter governing the management of infectious wastes. Of each	71795
registration and renewal fee collected under rules adopted under	71796
division (A)(2)(a) of section 3734.021 or under section 3734.022	71797
of the Revised Code, the director, within forty-five days of its	71798
receipt, shall remit from the fund one-half of the fee received to	71799
the board of health of the health district in which the registered	71800
premises is located, or, in the instance of an infectious wastes	71801
transporter, to the board of health of the health district in	71802
which the transporter's principal place of business is located.	71803
However, if the board of health having jurisdiction over a	71804
registrant's premises or principal place of business is not on the	71805
approved list under section 3734.08 of the Revised Code, the	71806
director shall not make that payment to the board of health.	71807

(C) Except as provided in this division and divisions (N)(2)	71808
and (3) of this section, no person shall establish a new solid	71809
waste facility or infectious waste treatment facility, or modify	71810
an existing solid waste facility or infectious waste treatment	71811
facility, without submitting an application for a permit with	71812
accompanying detail plans, specifications, and information	71813
regarding the facility and method of operation and receiving a	71814
permit issued by the director, except that no permit shall be	71815
required under this division to install or operate a solid waste	71816
facility for sewage sludge treatment or disposal when the	71817
treatment or disposal is authorized by a current permit issued	71818
under Chapter 3704. or 6111. of the Revised Code.	71819

No person shall continue to operate a solid waste facility	71820
for which the director has denied a permit for which an	71821
application was required under division (A)(3) of section 3734.05	71822
of the Revised Code, or for which the director has disapproved	71823
plans and specifications required to be filed by an order issued	71824
under division (A)(5) of that section, after the date prescribed	71825
for commencement of closure of the facility in the order issued	71826
under division (A)(6) of section 3734.05 of the Revised Code	71827
denying the permit application or approval.	71828

On and after the effective date of the rules adopted under	71829
division (A) of this section and division (D) of section 3734.12	71830
of the Revised Code governing solid waste transfer facilities, no	71831
person shall establish a new, or modify an existing, solid waste	71832
transfer facility without first submitting an application for a	71833
permit with accompanying engineering detail plans, specifications,	71834
and information regarding the facility and its method of operation	71835
to the director and receiving a permit issued by the director.	71836

No person shall establish a new compost facility or continue	71837
to operate an existing compost facility that accepts exclusively	71838
source separated yard wastes without submitting a completed	71839
registration for the facility to the director in accordance with	71840
rules adopted under divisions (A) and (N)(3) of this section.	71841

This division does not apply to an infectious waste treatment	71842
facility that meets any of the following conditions:	71843

(1) Is owned or operated by the generator of the wastes and	71844
exclusively treats, by methods, techniques, and practices	71845
established by rules adopted under division (C)(1) or (3) of	71846
section 3734.021 of the Revised Code, wastes that are generated at	71847
any premises owned or operated by that generator regardless of	71848
whether the wastes are generated on the premises where the	71849
generator's treatment facility is located or, if the generator is	71850
a hospital as defined in section 3727.01 of the Revised Code,	71851
infectious wastes that are described in division (A)(1)(g), (h),	71852
or (i) of section 3734.021 of the Revised Code;	71853

(2) Holds a license or renewal of a license to operate a	71854
crematory facility issued under Chapter 4717. and a permit issued	71855
under Chapter 3704. of the Revised Code;	71856

(3) Treats or disposes of dead animals or parts thereof, or	71857
the blood of animals, and is subject to any of the following:	71858

(a) Inspection under the "Federal Meat Inspection Act," 81	71859
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	71860

(b) Chapter 918. of the Revised Code;

71861

71862

(D) Neither this chapter nor any rules adopted under it apply	71863
to single-family residential premises; to infectious wastes	71864
generated by individuals for purposes of their own care or	71865
treatment that are disposed of with solid wastes from the	71866
individual's residence; to the temporary storage of solid wastes,	71867
other than scrap tires, prior to their collection for disposal; to	71868
the storage of one hundred or fewer scrap tires unless they are	71869
stored in such a manner that, in the judgment of the director or	71870
the board of health of the health district in which the scrap	71871
tires are stored, the storage causes a nuisance, a hazard to	71872
public health or safety, or a fire hazard; or to the collection of	71873
solid wastes, other than scrap tires, by a political subdivision	71874
or a person holding a franchise or license from a political	71875
subdivision of the state; to composting, as defined in section	71876
1511.01 of the Revised Code, conducted in accordance with section	71877
1511.022 of the Revised Code; or to any person who is licensed to	71878
transport raw rendering material to a compost facility pursuant to	71879
section 953.23 of the Revised Code.	71880

(E)(1) As used in this division:

71881

(a) "On-site facility" means a facility that stores, treats,	71882
or disposes of hazardous waste that is generated on the premises	71883
of the facility.	71884

(b) "Off-site facility" means a facility that stores, treats,	71885
or disposes of hazardous waste that is generated off the premises	71886
of the facility and includes such a facility that is also an	71887
on-site facility.	71888

71889

(i) An on-site facility that also receives hazardous waste	71890
from other premises owned by the same person who generates the	71891
waste on the facility premises;	71892

(ii) An off-site facility operated so that all of the	71893
hazardous waste it receives is generated on one or more premises	71894
owned by the person who owns the facility;	71895

(iii) An on-site facility that also receives hazardous waste	71896
that is transported uninterruptedly and directly to the facility	71897
through a pipeline from a generator who is not the owner of the	71898
facility.	71899

(2) Except as provided in division (E)(3) of this section, no	71900
person shall establish or operate a hazardous waste facility, or	71901
use a solid waste facility for the storage, treatment, or disposal	71902
of any hazardous waste, without a hazardous waste facility	71903
installation and operation permit issued in accordance with	71904
section 3734.05 of the Revised Code and subject to the payment of	71905
an application fee not to exceed one thousand five hundred	71906
dollars, payable upon application for a hazardous waste facility	71907
installation and operation permit and upon application for a	71908
renewal permit issued under division (H) of section 3734.05 of the	71909
Revised Code, to be credited to the hazardous waste facility	71910
management fund created in section 3734.18 of the Revised Code.	71911
The term of a hazardous waste facility installation and operation	71912
permit shall not exceed ten years.	71913

In addition to the application fee, there is hereby levied an	71914
annual permit fee to be paid by the permit holder upon the	71915
anniversaries of the date of issuance of the hazardous waste	71916
facility installation and operation permit and of any subsequent	71917
renewal permits and to be credited to the hazardous waste facility	71918
management fund. Annual permit fees totaling forty thousand	71919
dollars or more for any one facility may be paid on a quarterly	71920
basis with the first quarterly payment each year being due on the	71921
anniversary of the date of issuance of the hazardous waste	71922
facility installation and operation permit and of any subsequent	71923
renewal permits. The annual permit fee shall be determined for	71924
each permit holder by the director in accordance with the	71925
following schedule:	71926

TYPE OF BASIC			71927
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	71928
Storage facility using:			71929
Containers	On-site, off-site, and		71930
	satellite	$ 500	71931
Tanks	On-site, off-site, and		71932
	satellite	500	71933
Waste pile	On-site, off-site, and		71934
	satellite	3,000	71935
Surface impoundment	On-site and satellite	8,000	71936
	Off-site	10,000	71937
Disposal facility using:			71938
Deep well injection	On-site and satellite	15,000	71939
	Off-site	25,000	71940
Landfill	On-site and satellite	25,000	71941
	Off-site	40,000	71942
Land application	On-site and satellite	2,500	71943
	Off-site	5,000	71944
Surface impoundment	On-site and satellite	10,000	71945
	Off-site	20,000	71946
Treatment facility using:			71947
Tanks	On-site, off-site, and		71948
	satellite	700	71949
Surface impoundment	On-site and satellite	8,000	71950
	Off-site	10,000	71951
Incinerator	On-site and satellite	5,000	71952
	Off-site	10,000	71953
Other forms			71954
of treatment	On-site, off-site, and		71955
	satellite	1,000	71956

A hazardous waste disposal facility that disposes of	71957
hazardous waste by deep well injection and that pays the annual	71958
permit fee established in section 6111.046 of the Revised Code is	71959
not subject to the permit fee established in this division for	71960
disposal facilities using deep well injection unless the director	71961
determines that the facility is not in compliance with applicable	71962
requirements established under this chapter and rules adopted	71963
under it.	71964

In determining the annual permit fee required by this	71965
section, the director shall not require additional payments for	71966
multiple units of the same method of storage, treatment, or	71967
disposal or for individual units that are used for both storage	71968
and treatment. A facility using more than one method of storage,	71969
treatment, or disposal shall pay the permit fee indicated by the	71970
schedule for each such method.	71971

The director shall not require the payment of that portion of	71972
an annual permit fee of any permit holder that would apply to a	71973
hazardous waste management unit for which a permit has been	71974
issued, but for which construction has not yet commenced. Once	71975
construction has commenced, the director shall require the payment	71976
of a part of the appropriate fee indicated by the schedule that	71977
bears the same relationship to the total fee that the number of	71978
days remaining until the next anniversary date at which payment of	71979
the annual permit fee is due bears to three hundred sixty-five.	71980

The director, by rules adopted in accordance with Chapters	71981
119. and 3745. of the Revised Code, shall prescribe procedures for	71982
collecting the annual permit fee established by this division and	71983
may prescribe other requirements necessary to carry out this	71984
division.	71985

(3) The prohibition against establishing or operating a	71986
hazardous waste facility without a hazardous waste facility	71987
installation and operation permit does not apply to either of the	71988
following:	71989

(a) A facility that is operating in accordance with a permit	71990
renewal issued under division (H) of section 3734.05 of the	71991
Revised Code, a revision issued under division (I) of that section	71992
as it existed prior to August 20, 1996, or a modification issued	71993
by the director under division (I) of that section on and after	71994
August 20, 1996;	71995

(b) Except as provided in division (J) of section 3734.05 of	71996
the Revised Code, a facility that will operate or is operating in	71997
accordance with a permit by rule, or that is not subject to permit	71998
requirements, under rules adopted by the director. In accordance	71999
with Chapter 119. of the Revised Code, the director shall adopt,	72000
and subsequently may amend, suspend, or rescind, rules for the	72001
purposes of division (E)(3)(b) of this section. Any rules so	72002
adopted shall be consistent with and equivalent to regulations	72003
pertaining to interim status adopted under the "Resource	72004
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	72005
6921, as amended, except as otherwise provided in this chapter.	72006

If a modification is requested or proposed for a facility	72007
described in division (E)(3)(a) or (b) of this section, division	72008
(I)(7) of section 3734.05 of the Revised Code applies.	72009

(F) No person shall store, treat, or dispose of hazardous	72010
waste identified or listed under this chapter and rules adopted	72011
under it, regardless of whether generated on or off the premises	72012
where the waste is stored, treated, or disposed of, or transport	72013
or cause to be transported any hazardous waste identified or	72014
listed under this chapter and rules adopted under it to any other	72015
premises, except at or to any of the following:	72016

(1) A hazardous waste facility operating under a permit	72017
issued in accordance with this chapter;	72018

(2) A facility in another state operating under a license or	72019
permit issued in accordance with the "Resource Conservation and	72020
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	72021
amended;	72022

(3) A facility in another nation operating in accordance with	72023
the laws of that nation;	72024

(4) A facility holding a permit issued pursuant to Title I of	72025
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	72026
Stat. 1052, 33 U.S.C.A. 1401, as amended;	72027

(5) A hazardous waste facility as described in division	72028
(E)(3)(a) or (b) of this section.	72029

(G) The director, by order, may exempt any person generating,	72030
collecting, storing, treating, disposing of, or transporting solid	72031
wastes, infectious wastes, or hazardous waste, or processing solid	72032
wastes that consist of scrap tires, in such quantities or under	72033
such circumstances that, in the determination of the director, are	72034
unlikely to adversely affect the public health or safety or the	72035
environment from any requirement to obtain a registration	72036
certificate, permit, or license or comply with the manifest system	72037
or other requirements of this chapter. Such an exemption shall be	72038
consistent with and equivalent to any regulations adopted by the	72039
administrator of the United States environmental protection agency	72040
under the "Resource Conservation and Recovery Act of 1976," 90	72041
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	72042
provided in this chapter.	72043

(H) No person shall engage in filling, grading, excavating,	72044
building, drilling, or mining on land where a hazardous waste	72045
facility, or a solid waste facility, was operated without prior	72046
authorization from the director, who shall establish the procedure	72047
for granting such authorization by rules adopted in accordance	72048
with Chapter 119. of the Revised Code.	72049

A public utility that has main or distribution lines above or	72050
below the land surface located on an easement or right-of-way	72051
across land where a solid waste facility was operated may engage	72052
in any such activity within the easement or right-of-way without	72053
prior authorization from the director for purposes of performing	72054
emergency repair or emergency replacement of its lines; of the	72055
poles, towers, foundations, or other structures supporting or	72056
sustaining any such lines; or of the appurtenances to those	72057
structures, necessary to restore or maintain existing public	72058
utility service. A public utility may enter upon any such easement	72059
or right-of-way without prior authorization from the director for	72060
purposes of performing necessary or routine maintenance of those	72061
portions of its existing lines; of the existing poles, towers,	72062
foundations, or other structures sustaining or supporting its	72063
lines; or of the appurtenances to any such supporting or	72064
sustaining structure, located on or above the land surface on any	72065
such easement or right-of-way. Within twenty-four hours after	72066
commencing any such emergency repair, replacement, or maintenance	72067
work, the public utility shall notify the director or the	72068
director's authorized representative of those activities and shall	72069
provide such information regarding those activities as the	72070
director or the director's representative may request. Upon	72071
completion of the emergency repair, replacement, or maintenance	72072
activities, the public utility shall restore any land of the solid	72073
waste facility disturbed by those activities to the condition	72074
existing prior to the commencement of those activities.	72075

(I) No owner or operator of a hazardous waste facility, in	72076
the operation of the facility, shall cause, permit, or allow the	72077
emission therefrom of any particulate matter, dust, fumes, gas,	72078
mist, smoke, vapor, or odorous substance that, in the opinion of	72079
the director, unreasonably interferes with the comfortable	72080
enjoyment of life or property by persons living or working in the	72081
vicinity of the facility, or that is injurious to public health.	72082
Any such action is hereby declared to be a public nuisance.	72083

(J) Notwithstanding any other provision of this chapter, in	72084
the event the director finds an imminent and substantial danger to	72085
public health or safety or the environment that creates an	72086
emergency situation requiring the immediate treatment, storage, or	72087
disposal of hazardous waste, the director may issue a temporary	72088
emergency permit to allow the treatment, storage, or disposal of	72089
the hazardous waste at a facility that is not otherwise authorized	72090
by a hazardous waste facility installation and operation permit to	72091
treat, store, or dispose of the waste. The emergency permit shall	72092
not exceed ninety days in duration and shall not be renewed. The	72093
director shall adopt, and may amend, suspend, or rescind, rules in	72094
accordance with Chapter 119. of the Revised Code governing the	72095
issuance, modification, revocation, and denial of emergency	72096
permits.	72097

(K) No owner or operator of a sanitary landfill shall	72098
knowingly accept for disposal, or dispose of, any infectious	72099
wastes, other than those subject to division (A)(1)(c) of section	72100
3734.021 of the Revised Code, that have not been treated to render	72101
them noninfectious. For the purposes of this division,	72102
certification by the owner or operator of the treatment facility	72103
where the wastes were treated on the shipping paper required by	72104
rules adopted under division (D)(2) of that section creates a	72105
rebuttable presumption that the wastes have been so treated.	72106

(L) The director, in accordance with Chapter 119. of the	72107
Revised Code, shall adopt, and may amend, suspend, or rescind,	72108
rules having uniform application throughout the state establishing	72109
a training and certification program that shall be required for	72110
employees of boards of health who are responsible for enforcing	72111
the solid waste and infectious waste provisions of this chapter	72112
and rules adopted under them and for persons who are responsible	72113
for the operation of solid waste facilities or infectious waste	72114
treatment facilities. The rules shall provide all of the	72115
following, without limitation:	72116

(1) The program shall be administered by the director and	72117
shall consist of a course on new solid waste and infectious waste	72118
technologies, enforcement procedures, and rules;	72119

(2) The course shall be offered on an annual basis;

72120

(3) Those persons who are required to take the course under	72121
division (L) of this section shall do so triennially;	72122

(4) Persons who successfully complete the course shall be	72123
certified by the director;	72124

(5) Certification shall be required for all employees of	72125
boards of health who are responsible for enforcing the solid waste	72126
or infectious waste provisions of this chapter and rules adopted	72127
under them and for all persons who are responsible for the	72128
operation of solid waste facilities or infectious waste treatment	72129
facilities;	72130

(6)(a) All employees of a board of health who, on the	72131
effective date of the rules adopted under this division, are	72132
responsible for enforcing the solid waste or infectious waste	72133
provisions of this chapter and the rules adopted under them shall	72134
complete the course and be certified by the director not later	72135
than January 1, 1995;	72136

(b) All employees of a board of health who, after the	72137
effective date of the rules adopted under division (L) of this	72138
section, become responsible for enforcing the solid waste or	72139
infectious waste provisions of this chapter and rules adopted	72140
under them and who do not hold a current and valid certification	72141
from the director at that time shall complete the course and be	72142
certified by the director within two years after becoming	72143
responsible for performing those activities.	72144

No person shall fail to obtain the certification required	72145
under this division.	72146

(M) The director shall not issue a permit under section	72147
3734.05 of the Revised Code to establish a solid waste facility,	72148
or to modify a solid waste facility operating on December 21,	72149
1988, in a manner that expands the disposal capacity or geographic	72150
area covered by the facility, that is or is to be located within	72151
the boundaries of a state park established or dedicated under	72152
Chapter 1541. of the Revised Code, a state park purchase area	72153
established under section 1541.02 of the Revised Code, any unit of	72154
the national park system, or any property that lies within the	72155
boundaries of a national park or recreation area, but that has not	72156
been acquired or is not administered by the secretary of the	72157
United States department of the interior, located in this state,	72158
or any candidate area located in this state and identified for	72159
potential inclusion in the national park system in the edition of	72160
the "national park system plan" submitted under paragraph (b) of	72161
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	72162
U.S.C.A. 1a-5, as amended, current at the time of filing of the	72163
application for the permit, unless the facility or proposed	72164
facility is or is to be used exclusively for the disposal of solid	72165
wastes generated within the park or recreation area and the	72166
director determines that the facility or proposed facility will	72167
not degrade any of the natural or cultural resources of the park	72168
or recreation area. The director shall not issue a variance under	72169
division (A) of this section and rules adopted under it, or issue	72170
an exemption order under division (G) of this section, that would	72171
authorize any such establishment or expansion of a solid waste	72172
facility within the boundaries of any such park or recreation	72173
area, state park purchase area, or candidate area, other than a	72174
solid waste facility exclusively for the disposal of solid wastes	72175
generated within the park or recreation area when the director	72176
determines that the facility will not degrade any of the natural	72177
or cultural resources of the park or recreation area.	72178

(N)(1) The rules adopted under division (A) of this section,	72179
other than those governing variances, do not apply to scrap tire	72180
collection, storage, monocell, monofill, and recovery facilities.	72181
Those facilities are subject to and governed by rules adopted	72182
under sections 3734.70 to 3734.73 of the Revised Code, as	72183
applicable.	72184

(2) Division (C) of this section does not apply to scrap tire	72185
collection, storage, monocell, monofill, and recovery facilities.	72186
The establishment and modification of those facilities are subject	72187
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	72188
Code, as applicable.	72189

(3) The director may adopt, amend, suspend, or rescind rules	72190
under division (A) of this section creating an alternative system	72191
for authorizing the establishment, operation, or modification of a	72192
solid waste compost facility in lieu of the requirement that a	72193
person seeking to establish, operate, or modify a solid waste	72194
compost facility apply for and receive a permit under division (C)	72195
of this section and section 3734.05 of the Revised Code and a	72196
license under division (A)(1) of that section. The rules may	72197
include requirements governing, without limitation, the	72198
classification of solid waste compost facilities, the submittal of	72199
operating records for solid waste compost facilities, and the	72200
creation of a registration or notification system in lieu of the	72201
issuance of permits and licenses for solid waste compost	72202
facilities. The rules shall specify the applicability of divisions	72203
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	72204
Code to a solid waste compost facility.	72205

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	72206
(8), and (9) of this section, no person shall operate or maintain	72207
a solid waste facility without a license issued under this	72208
division by the board of health of the health district in which	72209
the facility is located or by the director of environmental	72210
protection when the health district in which the facility is	72211
located is not on the approved list under section 3734.08 of the	72212
Revised Code.	72213

During the month of December, but before the first day of	72214
January of the next year, every person proposing to continue to	72215
operate an existing solid waste facility shall procure a license	72216
under this division to operate the facility for that year from the	72217
board of health of the health district in which the facility is	72218
located or, if the health district is not on the approved list	72219
under section 3734.08 of the Revised Code, from the director. The	72220
application for such a license shall be submitted to the board of	72221
health or to the director, as appropriate, on or before the last	72222
day of September of the year preceding that for which the license	72223
is sought. In addition to the application fee prescribed in	72224
division (A)(2) of this section, a person who submits an	72225
application after that date shall pay an additional ten per cent	72226
of the amount of the application fee for each week that the	72227
application is late. Late payment fees accompanying an application	72228
submitted to the board of health shall be credited to the special	72229
fund of the health district created in division (B) of section	72230
3734.06 of the Revised Code, and late payment fees accompanying an	72231
application submitted to the director shall be credited to the	72232
general revenue fund. A person who has received a license, upon	72233
sale or disposition of a solid waste facility, and upon consent of	72234
the board of health and the director, may have the license	72235
transferred to another person. The board of health or the director	72236
may include such terms and conditions in a license or revision to	72237
a license as are appropriate to ensure compliance with this	72238
chapter and rules adopted under it. The terms and conditions may	72239
establish the authorized maximum daily waste receipts for the	72240
facility. Limitations on maximum daily waste receipts shall be	72241
specified in cubic yards of volume for the purpose of regulating	72242
the design, construction, and operation of solid waste facilities.	72243
Terms and conditions included in a license or revision to a	72244
license by a board of health shall be consistent with, and pertain	72245
only to the subjects addressed in, the rules adopted under	72246
division (A) of section 3734.02 and division (D) of section	72247
3734.12 of the Revised Code.	72248

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	72249
(9) of this section, each person proposing to open a new solid	72250
waste facility or to modify an existing solid waste facility shall	72251
submit an application for a permit with accompanying detail plans	72252
and specifications to the environmental protection agency for	72253
required approval under the rules adopted by the director pursuant	72254
to division (A) of section 3734.02 of the Revised Code and	72255
applicable rules adopted under division (D) of section 3734.12 of	72256
the Revised Code at least two hundred seventy days before proposed	72257
operation of the facility and shall concurrently make application	72258
for the issuance of a license under division (A)(1) of this	72259
section with the board of health of the health district in which	72260
the proposed facility is to be located.	72261

(b) On and after the effective date of the rules adopted	72262
under division (A) of section 3734.02 of the Revised Code and	72263
division (D) of section 3734.12 of the Revised Code governing	72264
solid waste transfer facilities, each person proposing to open a	72265
new solid waste transfer facility or to modify an existing solid	72266
waste transfer facility shall submit an application for a permit	72267
with accompanying engineering detail plans, specifications, and	72268
information regarding the facility and its method of operation to	72269
the environmental protection agency for required approval under	72270
those rules at least two hundred seventy days before commencing	72271
proposed operation of the facility and concurrently shall make	72272
application for the issuance of a license under division (A)(1) of	72273
this section with the board of health of the health district in	72274
which the facility is located or proposed.	72275

(c) Each application for a permit under division (A)(2)(a) or	72276
(b) of this section shall be accompanied by a nonrefundable	72277
application fee of four hundred dollars that shall be credited to	72278
the general revenue fund. Each application for an annual license	72279
under division (A)(1) or (2) of this section shall be accompanied	72280
by a nonrefundable application fee of one hundred dollars. If the	72281
application for an annual license is submitted to a board of	72282
health on the approved list under section 3734.08 of the Revised	72283
Code, the application fee shall be credited to the special fund of	72284
the health district created in division (B) of section 3734.06 of	72285
the Revised Code. If the application for an annual license is	72286
submitted to the director, the application fee shall be credited	72287
to the general revenue fund. If a permit or license is issued, the	72288
amount of the application fee paid shall be deducted from the	72289
amount of the permit fee due under division (Q) of section 3745.11	72290
of the Revised Code or the amount of the license fee due under	72291
division (A)(1), (2), (3), or (4), or (5) of section 3734.06 of	72292
the Revised Code.	72293

(d) As used in divisions (A)(2)(d), (e), and (f) of this	72294
section, "modify" means any of the following:	72295

(i) Any increase of more than ten per cent in the total	72296
capacity of a solid waste facility;	72297

(ii) Any expansion of the limits of solid waste placement at	72298
a solid waste facility;	72299

(iii) Any increase in the depth of excavation at a solid	72300
waste facility;	72301

(iv) Any change in the technique of waste receipt or type of	72302
waste received at a solid waste facility that may endanger human	72303
health, as determined by the director by rules adopted in	72304
accordance with Chapter 119. of the Revised Code.	72305

Not later than ~~thirty-five~~forty-five days after submitting	72306
an application under division (A)(2)(a) or (b) of this section for	72307
a permit to open a new or modify an existing solid waste facility,	72308
the applicant, in conjunction with an officer or employee of the	72309
environmental protection agency, shall hold a public meeting on	72310
the application within the county in which the new or modified	72311
solid waste facility is or is proposed to be located or within a	72312
contiguous county. Not less than thirty days before holding the	72313
public meeting on the application, the applicant shall publish	72314
notice of the meeting in each newspaper of general circulation	72315
that is published in the county in which the facility is or is	72316
proposed to be located. If no newspaper of general circulation is	72317
published in the county, the applicant shall publish the notice in	72318
a newspaper of general circulation in the county. The notice shall	72319
contain the date, time, and location of the public meeting and a	72320
general description of the proposed new or modified facility. Not	72321
later than five days after publishing the notice, the applicant	72322
shall send by certified mail a copy of the notice and the date the	72323
notice was published to the director and the legislative authority	72324
of each municipal corporation, township, and county, and to the	72325
chief executive officer of each municipal corporation, in which	72326
the facility is or is proposed to be located. At the public	72327
meeting, the applicant shall provide information and describe the	72328
application and respond to comments or questions concerning the	72329
application, and the officer or employee of the agency shall	72330
describe the permit application process. At the public meeting,	72331
any person may submit written or oral comments on or objections to	72332
the application. Not more than thirty days after the public	72333
meeting, the applicant shall provide the director with a copy of a	72334
transcript of the full meeting, copies of any exhibits, displays,	72335
or other materials presented by the applicant at the meeting, and	72336
the original copy of any written comments submitted at the	72337
meeting.	72338

(e) Except as provided in division (A)(2)(f) of this section,	72339
prior to taking an action, other than a proposed or final denial,	72340
upon an application submitted under division (A)(2)(a) of this	72341
section for a permit to open a new or modify an existing solid	72342
waste facility, the director shall hold a public information	72343
session and a public hearing on the application within the county	72344
in which the new or modified solid waste facility is or is	72345
proposed to be located or within a contiguous county. If the	72346
application is for a permit to open a new solid waste facility,	72347
the director shall hold the hearing not less than fourteen days	72348
after the information session. If the application is for a permit	72349
to modify an existing solid waste facility, the director may hold	72350
both the information session and the hearing on the same day	72351
unless any individual affected by the application requests in	72352
writing that the information session and the hearing not be held	72353
on the same day, in which case the director shall hold the hearing	72354
not less than fourteen days after the information session. The	72355
director shall publish notice of the public information session or	72356
public hearing not less than thirty days before holding the	72357
information session or hearing, as applicable. The notice shall be	72358
published in each newspaper of general circulation that is	72359
published in the county in which the facility is or is proposed to	72360
be located. If no newspaper of general circulation is published in	72361
the county, the director shall publish the notice in a newspaper	72362
of general circulation in the county. The notice shall contain the	72363
date, time, and location of the information session or hearing, as	72364
applicable, and a general description of the proposed new or	72365
modified facility. At the public information session, an officer	72366
or employee of the environmental protection agency shall describe	72367
the status of the permit application and be available to respond	72368
to comments or questions concerning the application. At the public	72369
hearing, any person may submit written or oral comments on or	72370
objections to the approval of the application. The applicant, or a	72371
representative of the applicant who has knowledge of the location,	72372
construction, and operation of the facility, shall attend the	72373
information session and public hearing to respond to comments or	72374
questions concerning the facility directed to the applicant or	72375
representative by the officer or employee of the environmental	72376
protection agency presiding at the information session and	72377
hearing.	72378

(f) The solid waste management policy committee of a county	72379
or joint solid waste management district may adopt a resolution	72380
requesting expeditious consideration of a specific application	72381
submitted under division (A)(2)(a) of this section for a permit to	72382
modify an existing solid waste facility within the district. The	72383
resolution shall make the finding that expedited consideration of	72384
the application without the public information session and public	72385
hearing under division (A)(2)(e) of this section is in the public	72386
interest and will not endanger human health, as determined by the	72387
director by rules adopted in accordance with Chapter 119. of the	72388
Revised Code. Upon receiving such a resolution, the director, at	72389
the director's discretion, may issue a final action upon the	72390
application without holding a public information session or public	72391
hearing pursuant to division (A)(2)(e) of this section.	72392

(3) Except as provided in division (A)(10) of this section,	72393
and unless the owner or operator of any solid waste facility,	72394
other than a solid waste transfer facility or a compost facility	72395
that accepts exclusively source separated yard wastes, that	72396
commenced operation on or before July 1, 1968, has obtained an	72397
exemption from the requirements of division (A)(3) of this section	72398
in accordance with division (G) of section 3734.02 of the Revised	72399
Code, the owner or operator shall submit to the director an	72400
application for a permit with accompanying engineering detail	72401
plans, specifications, and information regarding the facility and	72402
its method of operation for approval under rules adopted under	72403
division (A) of section 3734.02 of the Revised Code and applicable	72404
rules adopted under division (D) of section 3734.12 of the Revised	72405
Code in accordance with the following schedule:	72406

(a) Not later than September 24, 1988, if the facility is	72407
located in the city of Garfield Heights or Parma in Cuyahoga	72408
county;	72409

(b) Not later than December 24, 1988, if the facility is	72410
located in Delaware, Greene, Guernsey, Hamilton, Madison,	72411
Mahoning, Ottawa, or Vinton county;	72412

(c) Not later than March 24, 1989, if the facility is located	72413
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	72414
Washington county, or is located in the city of Brooklyn or	72415
Cuyahoga Heights in Cuyahoga county;	72416

(d) Not later than June 24, 1989, if the facility is located	72417
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	72418
Summit county or is located in Cuyahoga county outside the cities	72419
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	72420

(e) Not later than September 24, 1989, if the facility is	72421
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	72422
county;	72423

(f) Not later than December 24, 1989, if the facility is	72424
located in a county not listed in divisions (A)(3)(a) to (e) of	72425
this section;	72426

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	72427
section, not later than December 31, 1990, if the facility is a	72428
solid waste facility owned by a generator of solid wastes when the	72429
solid waste facility exclusively disposes of solid wastes	72430
generated at one or more premises owned by the generator	72431
regardless of whether the facility is located on a premises where	72432
the wastes are generated and if the facility disposes of more than	72433
one hundred thousand tons of solid wastes per year, provided that	72434
any such facility shall be subject to division (A)(5) of this	72435
section.	72436

(4) Except as provided in divisions (A)(8), (9), and (10) of	72437
this section, unless the owner or operator of any solid waste	72438
facility for which a permit was issued after July 1, 1968, but	72439
before January 1, 1980, has obtained an exemption from the	72440
requirements of division (A)(4) of this section under division (G)	72441
of section 3734.02 of the Revised Code, the owner or operator	72442
shall submit to the director an application for a permit with	72443
accompanying engineering detail plans, specifications, and	72444
information regarding the facility and its method of operation for	72445
approval under those rules.	72446

(5) The director may issue an order in accordance with	72447
Chapter 3745. of the Revised Code to the owner or operator of a	72448
solid waste facility requiring the person to submit to the	72449
director updated engineering detail plans, specifications, and	72450
information regarding the facility and its method of operation for	72451
approval under rules adopted under division (A) of section 3734.02	72452
of the Revised Code and applicable rules adopted under division	72453
(D) of section 3734.12 of the Revised Code if, in the director's	72454
judgment, conditions at the facility constitute a substantial	72455
threat to public health or safety or are causing or contributing	72456
to or threatening to cause or contribute to air or water pollution	72457
or soil contamination. Any person who receives such an order shall	72458
submit the updated engineering detail plans, specifications, and	72459
information to the director within one hundred eighty days after	72460
the effective date of the order.	72461

(6) The director shall act upon an application submitted	72462
under division (A)(3) or (4) of this section and any updated	72463
engineering plans, specifications, and information submitted under	72464
division (A)(5) of this section within one hundred eighty days	72465
after receiving them. If the director denies any such permit	72466
application, the order denying the application or disapproving the	72467
plans shall include the requirements that the owner or operator	72468
submit a plan for closure and post-closure care of the facility to	72469
the director for approval within six months after issuance of the	72470
order, cease accepting solid wastes for disposal or transfer at	72471
the facility, and commence closure of the facility not later than	72472
one year after issuance of the order. If the director determines	72473
that closure of the facility within that one-year period would	72474
result in the unavailability of sufficient solid waste management	72475
facility capacity within the county or joint solid waste	72476
management district in which the facility is located to dispose of	72477
or transfer the solid waste generated within the district, the	72478
director in the order of denial or disapproval may postpone	72479
commencement of closure of the facility for such period of time as	72480
the director finds necessary for the board of county commissioners	72481
or directors of the district to secure access to or for there to	72482
be constructed within the district sufficient solid waste	72483
management facility capacity to meet the needs of the district,	72484
provided that the director shall certify in the director's order	72485
that postponing the date for commencement of closure will not	72486
endanger ground water or any property surrounding the facility,	72487
allow methane gas migration to occur, or cause or contribute to	72488
any other type of environmental damage.	72489

If an emergency need for disposal capacity that may affect	72490
public health and safety exists as a result of closure of a	72491
facility under division (A)(6) of this section, the director may	72492
issue an order designating another solid waste facility to accept	72493
the wastes that would have been disposed of at the facility to be	72494
closed.	72495

(7) If the director determines that standards more stringent	72496
than those applicable in rules adopted under division (A) of	72497
section 3734.02 of the Revised Code and division (D) of section	72498
3734.12 of the Revised Code, or standards pertaining to subjects	72499
not specifically addressed by those rules, are necessary to ensure	72500
that a solid waste facility constructed at the proposed location	72501
will not cause a nuisance, cause or contribute to water pollution,	72502
or endanger public health or safety, the director may issue a	72503
permit for the facility with such terms and conditions as the	72504
director finds necessary to protect public health and safety and	72505
the environment. If a permit is issued, the director shall state	72506
in the order issuing it the specific findings supporting each such	72507
term or condition.	72508

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	72509
not apply to a solid waste compost facility that accepts	72510
exclusively source separated yard wastes and that is registered	72511
under division (C) of section 3734.02 of the Revised Code or,	72512
unless otherwise provided in rules adopted under division (N)(3)	72513
of section 3734.02 of the Revised Code, to a solid waste compost	72514
facility if the director has adopted rules establishing an	72515
alternative system for authorizing the establishment, operation,	72516
or modification of a solid waste compost facility under that	72517
division.	72518

(9) Divisions (A)(1) to (7) of this section do not apply to	72519
scrap tire collection, storage, monocell, monofill, and recovery	72520
facilities. The approval of plans and specifications, as	72521
applicable, and the issuance of registration certificates,	72522
permits, and licenses for those facilities are subject to sections	72523
3734.75 to 3734.78 of the Revised Code, as applicable, and section	72524
3734.81 of the Revised Code.	72525

(10) Divisions (A)(3) and (4) of this section do not apply to	72526
a solid waste incinerator that was placed into operation on or	72527
before October 12, 1994, and that is not authorized to accept and	72528
treat infectious wastes pursuant to division (B) of this section.	72529

(B)(1) Each person who is engaged in the business of treating	72530
infectious wastes for profit at a treatment facility located off	72531
the premises where the wastes are generated that is in operation	72532
on August 10, 1988, and who proposes to continue operating the	72533
facility shall submit to the board of health of the health	72534
district in which the facility is located an application for a	72535
license to operate the facility.	72536

Thereafter, no person shall operate or maintain an infectious	72537
waste treatment facility without a license issued by the board of	72538
health of the health district in which the facility is located or	72539
by the director when the health district in which the facility is	72540
located is not on the approved list under section 3734.08 of the	72541
Revised Code.	72542

(2)(a) During the month of December, but before the first day	72543
of January of the next year, every person proposing to continue to	72544
operate an existing infectious waste treatment facility shall	72545
procure a license to operate the facility for that year from the	72546
board of health of the health district in which the facility is	72547
located or, if the health district is not on the approved list	72548
under section 3734.08 of the Revised Code, from the director. The	72549
application for such a license shall be submitted to the board of	72550
health or to the director, as appropriate, on or before the last	72551
day of September of the year preceding that for which the license	72552
is sought. In addition to the application fee prescribed in	72553
division (B)(2)(c) of this section, a person who submits an	72554
application after that date shall pay an additional ten per cent	72555
of the amount of the application fee for each week that the	72556
application is late. Late payment fees accompanying an application	72557
submitted to the board of health shall be credited to the special	72558
infectious waste fund of the health district created in division	72559
(C) of section 3734.06 of the Revised Code, and late payment fees	72560
accompanying an application submitted to the director shall be	72561
credited to the general revenue fund. A person who has received a	72562
license, upon sale or disposition of an infectious waste treatment	72563
facility and upon consent of the board of health and the director,	72564
may have the license transferred to another person. The board of	72565
health or the director may include such terms and conditions in a	72566
license or revision to a license as are appropriate to ensure	72567
compliance with the infectious waste provisions of this chapter	72568
and rules adopted under them.	72569

(b) Each person proposing to open a new infectious waste	72570
treatment facility or to modify an existing infectious waste	72571
treatment facility shall submit an application for a permit with	72572
accompanying detail plans and specifications to the environmental	72573
protection agency for required approval under the rules adopted by	72574
the director pursuant to section 3734.021 of the Revised Code two	72575
hundred seventy days before proposed operation of the facility and	72576
concurrently shall make application for a license with the board	72577
of health of the health district in which the facility is or is	72578
proposed to be located. Not later than ninety days after receiving	72579
a completed application under division (B)(2)(b) of this section	72580
for a permit to open a new infectious waste treatment facility or	72581
modify an existing infectious waste treatment facility to expand	72582
its treatment capacity, or receiving a completed application under	72583
division (A)(2)(a) of this section for a permit to open a new	72584
solid waste incineration facility, or modify an existing solid	72585
waste incineration facility to also treat infectious wastes or to	72586
increase its infectious waste treatment capacity, that pertains to	72587
a facility for which a notation authorizing infectious waste	72588
treatment is included or proposed to be included in the solid	72589
waste incineration facility's license pursuant to division (B)(3)	72590
of this section, the director shall hold a public hearing on the	72591
application within the county in which the new or modified	72592
infectious waste or solid waste facility is or is proposed to be	72593
located or within a contiguous county. Not less than thirty days	72594
before holding the public hearing on the application, the director	72595
shall publish notice of the hearing in each newspaper that has	72596
general circulation and that is published in the county in which	72597
the facility is or is proposed to be located. If there is no	72598
newspaper that has general circulation and that is published in	72599
the county, the director shall publish the notice in a newspaper	72600
of general circulation in the county. The notice shall contain the	72601
date, time, and location of the public hearing and a general	72602
description of the proposed new or modified facility. At the	72603
public hearing, any person may submit written or oral comments on	72604
or objections to the approval or disapproval of the application.	72605
The applicant, or a representative of the applicant who has	72606
knowledge of the location, construction, and operation of the	72607
facility, shall attend the public hearing to respond to comments	72608
or questions concerning the facility directed to the applicant or	72609
representative by the officer or employee of the environmental	72610
protection agency presiding at the hearing.	72611

(c) Each application for a permit under division (B)(2)(b) of	72612
this section shall be accompanied by a nonrefundable application	72613
fee of four hundred dollars that shall be credited to the general	72614
revenue fund. Each application for an annual license under	72615
division (B)(2)(a) of this section shall be accompanied by a	72616
nonrefundable application fee of one hundred dollars. If the	72617
application for an annual license is submitted to a board of	72618
health on the approved list under section 3734.08 of the Revised	72619
Code, the application fee shall be credited to the special	72620
infectious waste fund of the health district created in division	72621
(C) of section 3734.06 of the Revised Code. If the application for	72622
an annual license is submitted to the director, the application	72623
fee shall be credited to the general revenue fund. If a permit or	72624
license is issued, the amount of the application fee paid shall be	72625
deducted from the amount of the permit fee due under division (Q)	72626
of section 3745.11 of the Revised Code or the amount of the	72627
license fee due under division (C) of section 3734.06 of the	72628
Revised Code.	72629

(d) The owner or operator of any infectious waste treatment	72630
facility that commenced operation on or before July 1, 1968, shall	72631
submit to the director an application for a permit with	72632
accompanying engineering detail plans, specifications, and	72633
information regarding the facility and its method of operation for	72634
approval under rules adopted under section 3734.021 of the Revised	72635
Code in accordance with the following schedule:	72636

(i) Not later than December 24, 1988, if the facility is	72637
located in Delaware, Greene, Guernsey, Hamilton, Madison,	72638
Mahoning, Ottawa, or Vinton county;	72639

(ii) Not later than March 24, 1989, if the facility is	72640
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	72641
or Washington county, or is located in the city of Brooklyn,	72642
Cuyahoga Heights, or Parma in Cuyahoga county;	72643

(iii) Not later than June 24, 1989, if the facility is	72644
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	72645
Lucas, or Summit county or is located in Cuyahoga county outside	72646
the cities of Brooklyn, Cuyahoga Heights, and Parma;	72647

(iv) Not later than September 24, 1989, if the facility is	72648
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	72649
county;	72650

(v) Not later than December 24, 1989, if the facility is	72651
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	72652
of this section.	72653

The owner or operator of an infectious waste treatment	72654
facility required to submit a permit application under division	72655
(B)(2)(d) of this section is not required to pay any permit	72656
application fee under division (B)(2)(c) of this section, or	72657
permit fee under division (Q) of section 3745.11 of the Revised	72658
Code, with respect thereto unless the owner or operator also	72659
proposes to modify the facility.	72660

(e) The director may issue an order in accordance with	72661
Chapter 3745. of the Revised Code to the owner or operator of an	72662
infectious waste treatment facility requiring the person to submit	72663
to the director updated engineering detail plans, specifications,	72664
and information regarding the facility and its method of operation	72665
for approval under rules adopted under section 3734.021 of the	72666
Revised Code if, in the director's judgment, conditions at the	72667
facility constitute a substantial threat to public health or	72668
safety or are causing or contributing to or threatening to cause	72669
or contribute to air or water pollution or soil contamination. Any	72670
person who receives such an order shall submit the updated	72671
engineering detail plans, specifications, and information to the	72672
director within one hundred eighty days after the effective date	72673
of the order.	72674

(f) The director shall act upon an application submitted	72675
under division (B)(2)(d) of this section and any updated	72676
engineering plans, specifications, and information submitted under	72677
division (B)(2)(e) of this section within one hundred eighty days	72678
after receiving them. If the director denies any such permit	72679
application or disapproves any such updated engineering plans,	72680
specifications, and information, the director shall include in the	72681
order denying the application or disapproving the plans the	72682
requirement that the owner or operator cease accepting infectious	72683
wastes for treatment at the facility.	72684

(3) Division (B) of this section does not apply to an	72685
infectious waste treatment facility that meets any of the	72686
following conditions:	72687

(a) Is owned or operated by the generator of the wastes and	72688
exclusively treats, by methods, techniques, and practices	72689
established by rules adopted under division (C)(1) or (3) of	72690
section 3734.021 of the Revised Code, wastes that are generated at	72691
any premises owned or operated by that generator regardless of	72692
whether the wastes are generated on the same premises where the	72693
generator's treatment facility is located or, if the generator is	72694
a hospital as defined in section 3727.01 of the Revised Code,	72695
infectious wastes that are described in division (A)(1)(g), (h),	72696
or (i) of section 3734.021 of the Revised Code;	72697

(b) Holds a license or renewal of a license to operate a	72698
crematory facility issued under Chapter 4717. and a permit issued	72699
under Chapter 3704. of the Revised Code;	72700

(c) Treats or disposes of dead animals or parts thereof, or	72701
the blood of animals, and is subject to any of the following:	72702

(i) Inspection under the "Federal Meat Inspection Act," 81	72703
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	72704

(ii) Chapter 918. of the Revised Code;

72705

(iii) Chapter 953. of the Revised Code.

72706

Nothing in division (B) of this section requires a facility	72707
that holds a license issued under division (A) of this section as	72708
a solid waste facility and that also treats infectious wastes by	72709
the same method, technique, or process to obtain a license under	72710
division (B) of this section as an infectious waste treatment	72711
facility. However, the solid waste facility license for the	72712
facility shall include the notation that the facility also treats	72713
infectious wastes.	72714

On and after the effective date of the amendments to the	72715
rules adopted under division (C)(2) of section 3734.021 of the	72716
Revised Code that are required by Section 6 of Substitute House	72717
Bill No. 98 of the 120th General Assembly, the director shall not	72718
issue a permit to open a new solid waste incineration facility	72719
unless the proposed facility complies with the requirements for	72720
the location of new infectious waste incineration facilities	72721
established in the required amendments to those rules.	72722

(C) Except for a facility or activity described in division	72723
(E)(3) of section 3734.02 of the Revised Code, a person who	72724
proposes to establish or operate a hazardous waste facility shall	72725
submit a complete application for a hazardous waste facility	72726
installation and operation permit and accompanying detail plans,	72727
specifications, and such information as the director may require	72728
to the environmental protection agency at least one hundred eighty	72729
days before the proposed beginning of operation of the facility.	72730
The applicant shall notify by certified mail the legislative	72731
authority of each municipal corporation, township, and county in	72732
which the facility is proposed to be located of the submission of	72733
the application within ten days after the submission or at such	72734
earlier time as the director may establish by rule. If the	72735
application is for a proposed new hazardous waste disposal or	72736
thermal treatment facility, the applicant also shall give actual	72737
notice of the general design and purpose of the facility to the	72738
legislative authority of each municipal corporation, township, and	72739
county in which the facility is proposed to be located at least	72740
ninety days before the permit application is submitted to the	72741
environmental protection agency.	72742

In accordance with rules adopted under section 3734.12 of the	72743
Revised Code, prior to the submission of a complete application	72744
for a hazardous waste facility installation and operation permit,	72745
the applicant shall hold at least one meeting in the township or	72746
municipal corporation in which the facility is proposed to be	72747
located, whichever is geographically closer to the proposed	72748
location of the facility. The meeting shall be open to the public	72749
and shall be held to inform the community of the proposed	72750
hazardous waste management activities and to solicit questions	72751
from the community concerning the activities.	72752

(D)(1) Except as provided in section 3734.123 of the Revised	72753
Code, upon receipt of a complete application for a hazardous waste	72754
facility installation and operation permit under division (C) of	72755
this section, the director shall consider the application and	72756
accompanying information to determine whether the application	72757
complies with agency rules and the requirements of division (D)(2)	72758
of this section. After making a determination, the director shall	72759
issue either a draft permit or a notice of intent to deny the	72760
permit. The director, in accordance with rules adopted under	72761
section 3734.12 of the Revised Code or with rules adopted to	72762
implement Chapter 3745. of the Revised Code, shall provide public	72763
notice of the application and the draft permit or the notice of	72764
intent to deny the permit, provide an opportunity for public	72765
comments, and, if significant interest is shown, schedule a public	72766
meeting in the county in which the facility is proposed to be	72767
located and give public notice of the date, time, and location of	72768
the public meeting in a newspaper of general circulation in that	72769
county.	72770

(2) The director shall not approve an application for a	72771
hazardous waste facility installation and operation permit or an	72772
application for a modification under division (I)(3) of this	72773
section unless the director finds and determines as follows:	72774

(a) The nature and volume of the waste to be treated, stored,	72775
or disposed of at the facility;	72776

(b) That the facility complies with the director's hazardous	72777
waste standards adopted pursuant to section 3734.12 of the Revised	72778
Code;	72779

(c) That the facility represents the minimum adverse	72780
environmental impact, considering the state of available	72781
technology and the nature and economics of various alternatives,	72782
and other pertinent considerations;	72783

(d) That the facility represents the minimum risk of all of	72784
the following:	72785

(i) Fires or explosions from treatment, storage, or disposal	72786
methods;	72787

(ii) Release of hazardous waste during transportation of	72788
hazardous waste to or from the facility;	72789

(iii) Adverse impact on the public health and safety.

72790

(e) That the facility will comply with this chapter and	72791
Chapters 3704. and 6111. of the Revised Code and all rules and	72792
standards adopted under them;	72793

(f) That if the owner of the facility, the operator of the	72794
facility, or any other person in a position with the facility from	72795
which the person may influence the installation and operation of	72796
the facility has been involved in any prior activity involving	72797
transportation, treatment, storage, or disposal of hazardous	72798
waste, that person has a history of compliance with this chapter	72799
and Chapters 3704. and 6111. of the Revised Code and all rules and	72800
standards adopted under them, the "Resource Conservation and	72801
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	72802
amended, and all regulations adopted under it, and similar laws	72803
and rules of other states if any such prior operation was located	72804
in another state that demonstrates sufficient reliability,	72805
expertise, and competency to operate a hazardous waste facility	72806
under the applicable provisions of this chapter and Chapters 3704.	72807
and 6111. of the Revised Code, the applicable rules and standards	72808
adopted under them, and terms and conditions of a hazardous waste	72809
facility installation and operation permit, given the potential	72810
for harm to the public health and safety and the environment that	72811
could result from the irresponsible operation of the facility. For	72812
off-site facilities, as defined in section 3734.41 of the Revised	72813
Code, the director may use the investigative reports of the	72814
attorney general prepared pursuant to section 3734.42 of the	72815
Revised Code as a basis for making a finding and determination	72816
under division (D)(2)(f) of this section.	72817

(g) That the active areas within a new hazardous waste	72818
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	72819
(e), as amended, or organic waste that is toxic and is listed	72820
under 40 C.F.R. 261, as amended, is being stored, treated, or	72821
disposed of and where the aggregate of the storage design capacity	72822
and the disposal design capacity of all hazardous waste in those	72823
areas is greater than two hundred fifty thousand gallons, are not	72824
located or operated within any of the following:	72825

(i) Two thousand feet of any residence, school, hospital,	72826
jail, or prison;	72827

(ii) Any naturally occurring wetland;

72828

(iii) Any flood hazard area if the applicant cannot show that	72829
the facility will be designed, constructed, operated, and	72830
maintained to prevent washout by a one-hundred-year flood.	72831

Division (D)(2)(g) of this section does not apply to the	72832
facility of any applicant who demonstrates to the director that	72833
the limitations specified in that division are not necessary	72834
because of the nature or volume of the waste and the manner of	72835
management applied, the facility will impose no substantial danger	72836
to the health and safety of persons occupying the structures	72837
listed in division (D)(2)(g)(i) of this section, and the facility	72838
is to be located or operated in an area where the proposed	72839
hazardous waste activities will not be incompatible with existing	72840
land uses in the area.	72841

(h) That the facility will not be located within the	72842
boundaries of a state park established or dedicated under Chapter	72843
1541. of the Revised Code, a state park purchase area established	72844
under section 1541.02 of the Revised Code, any unit of the	72845
national park system, or any property that lies within the	72846
boundaries of a national park or recreation area, but that has not	72847
been acquired or is not administered by the secretary of the	72848
United States department of the interior, located in this state,	72849
or any candidate area located in this state identified for	72850
potential inclusion in the national park system in the edition of	72851
the "national park system plan" submitted under paragraph (b) of	72852
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	72853
U.S.C.A. 1a-5, as amended, current at the time of filing of the	72854
application for the permit, unless the facility will be used	72855
exclusively for the storage of hazardous waste generated within	72856
the park or recreation area in conjunction with the operation of	72857
the park or recreation area. Division (D)(2)(h) of this section	72858
does not apply to the facility of any applicant for modification	72859
of a permit unless the modification application proposes to	72860
increase the land area included in the facility or to increase the	72861
quantity of hazardous waste that will be treated, stored, or	72862
disposed of at the facility.	72863

(3) Not later than one hundred eighty days after the end of	72864
the public comment period, the director, without prior hearing,	72865
shall issue or deny the permit in accordance with Chapter 3745. of	72866
the Revised Code. If the director approves an application for a	72867
hazardous waste facility installation and operation permit, the	72868
director shall issue the permit, upon such terms and conditions as	72869
the director finds are necessary to ensure the construction and	72870
operation of the hazardous waste facility in accordance with the	72871
standards of this section.	72872

(E) No political subdivision of this state shall require any	72873
additional zoning or other approval, consent, permit, certificate,	72874
or condition for the construction or operation of a hazardous	72875
waste facility authorized by a hazardous waste facility	72876
installation and operation permit issued pursuant to this chapter,	72877
nor shall any political subdivision adopt or enforce any law,	72878
ordinance, or rule that in any way alters, impairs, or limits the	72879
authority granted in the permit.	72880

(F) The director may issue a single hazardous waste facility	72881
installation and operation permit to a person who operates two or	72882
more adjoining facilities where hazardous waste is stored,	72883
treated, or disposed of if the application includes detail plans,	72884
specifications, and information on all facilities. For the	72885
purposes of this section, "adjoining" means sharing a common	72886
boundary, separated only by a public road, or in such proximity	72887
that the director determines that the issuance of a single permit	72888
will not create a hazard to the public health or safety or the	72889
environment.	72890

(G) No person shall falsify or fail to keep or submit any	72891
plans, specifications, data, reports, records, manifests, or other	72892
information required to be kept or submitted to the director by	72893
this chapter or the rules adopted under it.	72894

(H)(1) Each person who holds an installation and operation	72895
permit issued under this section and who wishes to obtain a permit	72896
renewal shall submit a completed application for an installation	72897
and operation permit renewal and any necessary accompanying	72898
general plans, detail plans, specifications, and such information	72899
as the director may require to the director no later than one	72900
hundred eighty days prior to the expiration date of the existing	72901
permit or upon a later date prior to the expiration of the	72902
existing permit if the permittee can demonstrate good cause for	72903
the late submittal. The director shall consider the application	72904
and accompanying information, inspection reports of the facility,	72905
results of performance tests, a report regarding the facility's	72906
compliance or noncompliance with the terms and conditions of its	72907
permit and rules adopted by the director under this chapter, and	72908
such other information as is relevant to the operation of the	72909
facility and shall issue a draft renewal permit or a notice of	72910
intent to deny the renewal permit. The director, in accordance	72911
with rules adopted under this section or with rules adopted to	72912
implement Chapter 3745. of the Revised Code, shall give public	72913
notice of the application and draft renewal permit or notice of	72914
intent to deny the renewal permit, provide for the opportunity for	72915
public comments within a specified time period, schedule a public	72916
meeting in the county in which the facility is located if	72917
significant interest is shown, and give public notice of the	72918
public meeting.	72919

(2) Within sixty days after the public meeting or close of	72920
the public comment period, the director, without prior hearing,	72921
shall issue or deny the renewal permit in accordance with Chapter	72922
3745. of the Revised Code. The director shall not issue a renewal	72923
permit unless the director determines that the facility under the	72924
existing permit has a history of compliance with this chapter,	72925
rules adopted under it, the existing permit, or orders entered to	72926
enforce such requirements that demonstrates sufficient	72927
reliability, expertise, and competency to operate the facility	72928
henceforth under this chapter, rules adopted under it, and the	72929
renewal permit. If the director approves an application for a	72930
renewal permit, the director shall issue the permit subject to the	72931
payment of the annual permit fee required under division (E) of	72932
section 3734.02 of the Revised Code and upon such terms and	72933
conditions as the director finds are reasonable to ensure that	72934
continued operation, maintenance, closure, and post-closure care	72935
of the hazardous waste facility are in accordance with the rules	72936
adopted under section 3734.12 of the Revised Code.	72937

(3) An installation and operation permit renewal application	72938
submitted to the director that also contains or would constitute	72939
an application for a modification shall be acted upon by the	72940
director in accordance with division (I) of this section in the	72941
same manner as an application for a modification. In approving or	72942
disapproving the renewal portion of a permit renewal application	72943
containing an application for a modification, the director shall	72944
apply the criteria established under division (H)(2) of this	72945
section.	72946

(4) An application for renewal or modification of a permit	72947
that does not contain an application for a modification as	72948
described in divisions (I)(3)(a) to (d) of this section shall not	72949
be subject to division (D)(2) of this section.	72950

(I)(1) As used in this section, "modification" means a change	72951
or alteration to a hazardous waste facility or its operations that	72952
is inconsistent with or not authorized by its existing permit or	72953
authorization to operate. Modifications shall be classified as	72954
Class 1, 2, or 3 modifications in accordance with rules adopted	72955
under division (K) of this section. Modifications classified as	72956
Class 3 modifications, in accordance with rules adopted under that	72957
division, shall be further classified by the director as either	72958
Class 3 modifications that are to be approved or disapproved by	72959
the director under divisions (I)(3)(a) to (d) of this section or	72960
as Class 3 modifications that are to be approved or disapproved by	72961
the director under division (I)(5) of this section. Not later than	72962
thirty days after receiving a request for a modification under	72963
division (I)(4) of this section that is not listed in Appendix I	72964
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	72965
section, the director shall classify the modification and shall	72966
notify the owner or operator of the facility requesting the	72967
modification of the classification. Notwithstanding any other law	72968
to the contrary, a modification that involves the transfer of a	72969
hazardous waste facility installation and operation permit to a	72970
new owner or operator for any off-site facility as defined in	72971
section 3734.41 of the Revised Code shall be classified as a Class	72972
3 modification. The transfer of a hazardous waste facility	72973
installation and operation permit to a new owner or operator for a	72974
facility that is not an off-site facility shall be classified as a	72975
Class 1 modification requiring prior approval of the director.	72976

(2) Except as provided in section 3734.123 of the Revised	72977
Code, a hazardous waste facility installation and operation permit	72978
may be modified at the request of the director or upon the written	72979
request of the permittee only if any of the following applies:	72980

(a) The permittee desires to accomplish alterations,	72981
additions, or deletions to the permitted facility or to undertake	72982
alterations, additions, deletions, or activities that are	72983
inconsistent with or not authorized by the existing permit;	72984

(b) New information or data justify permit conditions in	72985
addition to or different from those in the existing permit;	72986

(c) The standards, criteria, or rules upon which the existing	72987
permit is based have been changed by new, amended, or rescinded	72988
standards, criteria, or rules, or by judicial decision after the	72989
existing permit was issued, and the change justifies permit	72990
conditions in addition to or different from those in the existing	72991
permit;	72992

(d) The permittee proposes to transfer the permit to another	72993
person.	72994

(3) The director shall approve or disapprove an application	72995
for a modification in accordance with division (D)(2) of this	72996
section and rules adopted under division (K) of this section for	72997
all of the following categories of Class 3 modifications:	72998

(a) Authority to conduct treatment, storage, or disposal at a	72999
site, location, or tract of land that has not been authorized for	73000
the proposed category of treatment, storage, or disposal activity	73001
by the facility's permit;	73002

(b) Modification or addition of a hazardous waste management	73003
unit, as defined in rules adopted under section 3734.12 of the	73004
Revised Code, that results in an increase in a facility's storage	73005
capacity of more than twenty-five per cent over the capacity	73006
authorized by the facility's permit, an increase in a facility's	73007
treatment rate of more than twenty-five per cent over the rate so	73008
authorized, or an increase in a facility's disposal capacity over	73009
the capacity so authorized. The authorized disposal capacity for a	73010
facility shall be calculated from the approved design plans for	73011
the disposal units at that facility. In no case during a five-year	73012
period shall a facility's storage capacity or treatment rate be	73013
modified to increase by more than twenty-five per cent in the	73014
aggregate without the director's approval in accordance with	73015
division (D)(2) of this section. Notwithstanding any provision of	73016
division (I) of this section to the contrary, a request for	73017
modification of a facility's annual total waste receipt limit	73018
shall be classified and approved or disapproved by the director	73019
under division (I)(5) of this section.	73020

(c) Authority to add any of the following categories of	73021
regulated activities not previously authorized at a facility by	73022
the facility's permit: storage at a facility not previously	73023
authorized to store hazardous waste, treatment at a facility not	73024
previously authorized to treat hazardous waste, or disposal at a	73025
facility not previously authorized to dispose of hazardous waste;	73026
or authority to add a category of hazardous waste management unit	73027
not previously authorized at the facility by the facility's	73028
permit. Notwithstanding any provision of division (I) of this	73029
section to the contrary, a request for authority to add or to	73030
modify an activity or a hazardous waste management unit for the	73031
purposes of performing a corrective action shall be classified and	73032
approved or disapproved by the director under division (I)(5) of	73033
this section.	73034

(d) Authority to treat, store, or dispose of waste types	73035
listed or characterized as reactive or explosive, in rules adopted	73036
under section 3734.12 of the Revised Code, or any acute hazardous	73037
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	73038
previously authorized to treat, store, or dispose of those types	73039
of wastes by the facility's permit unless the requested authority	73040
is limited to wastes that no longer exhibit characteristics	73041
meeting the criteria for listing or characterization as reactive	73042
or explosive wastes, or for listing as acute hazardous waste, but	73043
still are required to carry those waste codes as established in	73044
rules adopted under section 3734.12 of the Revised Code because of	73045
the requirements established in 40 C.F.R. 261(a) and (e), as	73046
amended, that is, the "mixture," "derived-from," or "contained-in"	73047
regulations.	73048

(4) A written request for a modification from the permittee	73049
shall be submitted to the director and shall contain such	73050
information as is necessary to support the request. Requests for	73051
modifications shall be acted upon by the director in accordance	73052
with this section and rules adopted under it.	73053

(5) Class 1 modification applications that require prior	73054
approval of the director, as provided in division (I)(1) of this	73055
section or as determined in accordance with rules adopted under	73056
division (K) of this section, Class 2 modification applications,	73057
and Class 3 modification applications that are not described in	73058
divisions (I)(3)(a) to (d) of this section shall be approved or	73059
disapproved by the director in accordance with rules adopted under	73060
division (K) of this section. The board of county commissioners of	73061
the county, the board of township trustees of the township, and	73062
the city manager or mayor of the municipal corporation in which a	73063
hazardous waste facility is located shall receive notification of	73064
any application for a modification for that facility and shall be	73065
considered as interested persons with respect to the director's	73066
consideration of the application.	73067

As used in division (I) of this section:

73068

(a) "Owner" means the person who owns a majority or	73069
controlling interest in a facility.	73070

(b) "Operator" means the person who is responsible for the	73071
overall operation of a facility.	73072

The director shall approve or disapprove an application for a	73073
Class 1 modification that requires the director's approval within	73074
sixty days after receiving the request for modification. The	73075
director shall approve or disapprove an application for a Class 2	73076
modification within three hundred days after receiving the request	73077
for modification. The director shall approve or disapprove an	73078
application for a Class 3 modification within three hundred	73079
sixty-five days after receiving the request for modification.	73080

(6) The approval or disapproval by the director of a Class 1	73081
modification application is not a final action that is appealable	73082
under Chapter 3745. of the Revised Code. The approval or	73083
disapproval by the director of a Class 2 modification or a Class 3	73084
modification is a final action that is appealable under that	73085
chapter. In approving or disapproving a request for a	73086
modification, the director shall consider all comments pertaining	73087
to the request that are received during the public comment period	73088
and the public meetings. The administrative record for appeal of a	73089
final action by the director in approving or disapproving a	73090
request for a modification shall include all comments received	73091
during the public comment period relating to the request for	73092
modification, written materials submitted at the public meetings	73093
relating to the request, and any other documents related to the	73094
director's action.	73095

(7) Notwithstanding any other provision of law to the	73096
contrary, a change or alteration to a hazardous waste facility	73097
described in division (E)(3)(a) or (b) of section 3734.02 of the	73098
Revised Code, or its operations, is a modification for the	73099
purposes of this section. An application for a modification at	73100
such a facility shall be submitted, classified, and approved or	73101
disapproved in accordance with divisions (I)(1) to (6) of this	73102
section in the same manner as a modification to a hazardous waste	73103
facility installation and operation permit.	73104

(J)(1) Except as provided in division (J)(2) of this section,	73105
an owner or operator of a hazardous waste facility that is	73106
operating in accordance with a permit by rule under rules adopted	73107
by the director under division (E)(3)(b) of section 3734.02 of the	73108
Revised Code shall submit either a hazardous waste facility	73109
installation and operation permit application for the facility or	73110
a modification application, whichever is required under division	73111
(J)(1)(a) or (b) of this section, within one hundred eighty days	73112
after the director has requested the application or upon a later	73113
date if the owner or operator demonstrates to the director good	73114
cause for the late submittal.	73115

(a) If the owner or operator does not have a hazardous waste	73116
facility installation and operation permit for any hazardous waste	73117
treatment, storage, or disposal activities at the facility, the	73118
owner or operator shall submit an application for such a permit to	73119
the director for the activities authorized by the permit by rule.	73120
Notwithstanding any other provision of law to the contrary, the	73121
director shall approve or disapprove the application for the	73122
permit in accordance with the procedures governing the approval or	73123
disapproval of permit renewals under division (H) of this section.	73124

(b) If the owner or operator has a hazardous waste facility	73125
installation and operation permit for hazardous waste treatment,	73126
storage, or disposal activities at the facility other than those	73127
authorized by the permit by rule, the owner or operator shall	73128
submit to the director a request for modification in accordance	73129
with division (I) of this section. Notwithstanding any other	73130
provision of law to the contrary, the director shall approve or	73131
disapprove the modification application in accordance with	73132
division (I)(5) of this section.	73133

(2) The owner or operator of a boiler or industrial furnace	73134
that is conducting thermal treatment activities in accordance with	73135
a permit by rule under rules adopted by the director under	73136
division (E)(3)(b) of section 3734.02 of the Revised Code shall	73137
submit a hazardous waste facility installation and operation	73138
permit application if the owner or operator does not have such a	73139
permit for any hazardous waste treatment, storage, or disposal	73140
activities at the facility or, if the owner or operator has such a	73141
permit for hazardous waste treatment, storage, or disposal	73142
activities at the facility other than thermal treatment activities	73143
authorized by the permit by rule, a modification application to	73144
add those activities authorized by the permit by rule, whichever	73145
is applicable, within one hundred eighty days after the director	73146
has requested the submission of the application or upon a later	73147
date if the owner or operator demonstrates to the director good	73148
cause for the late submittal. The application shall be accompanied	73149
by information necessary to support the request. The director	73150
shall approve or disapprove an application for a hazardous waste	73151
facility installation and operation permit in accordance with	73152
division (D) of this section and approve or disapprove an	73153
application for a modification in accordance with division (I)(3)	73154
of this section, except that the director shall not disapprove an	73155
application for the thermal treatment activities on the basis of	73156
the criteria set forth in division (D)(2)(g) or (h) of this	73157
section.	73158

(3) As used in division (J) of this section:

73159

(a) "Modification application" means a request for a	73160
modification submitted in accordance with division (I) of this	73161
section.	73162

(b) "Thermal treatment," "boiler," and "industrial furnace"	73163
have the same meanings as in rules adopted under section 3734.12	73164
of the Revised Code.	73165

(K) The director shall adopt, and may amend, suspend, or	73166
rescind, rules in accordance with Chapter 119. of the Revised Code	73167
in order to implement divisions (H) and (I) of this section.	73168
Except when in actual conflict with this section, rules governing	73169
the classification of and procedures for the modification of	73170
hazardous waste facility installation and operation permits shall	73171
be substantively and procedurally identical to the regulations	73172
governing hazardous waste facility permitting and permit	73173
modifications adopted under the "Resource Conservation and	73174
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	73175
amended.	73176

Sec. 3734.06. (A)(1) Except as provided in ~~division~~	73177
divisions (A)(2), (3), ~~and~~ (4), and (5) of this section and in	73178
section 3734.82 of the Revised Code, the annual fee for a solid	73179
waste facility license shall be in accordance with the following	73180
schedule:	73181

AUTHORIZED MAXIMUM	ANNUAL	73182
DAILY WASTE	LICENSE	73183
RECEIPT (TONS)	FEE	73184
100 or less	$ 5,000	73185
101 to 200	12,500	73186
201 to 500	30,000	73187
501 or more	60,000	73188

For the purpose of determining the applicable license fee	73189
under divisions (A)(1) ~~and~~, (2), and (3) of this section, the	73190
authorized maximum daily waste receipt shall be the maximum amount	73191
of wastes the facility is authorized to receive daily that is	73192
established in the permit for the facility, and any modifications	73193
to that permit, issued under division (A)(2) or (3) of section	73194
3734.05 of the Revised Code; the annual license for the facility,	73195
and any revisions to that license, issued under division (A)(1) of	73196
section 3734.05 of the Revised Code; the approved operating plan	73197
or operational report for which submission and approval are	73198
required by rules adopted by the director of environmental	73199
protection under section 3734.02 of the Revised Code; an order	73200
issued by the director as authorized by rule; or the updated	73201
engineering plans, specifications, and facility and operation	73202
information approved under division (A)(4) of section 3734.05 of	73203
the Revised Code. If no authorized maximum daily waste receipt is	73204
so established, the annual license fee is sixty thousand dollars	73205
under division (A)(1) of this section and thirty thousand dollars	73206
under ~~division~~divisions (A)(2) and (3) of this section.	73207

The authorized maximum daily waste receipt set forth in any	73208
such document shall be stated in terms of cubic yards of volume	73209
for the purpose of regulating the design, construction, and	73210
operation of a solid waste facility. For the purpose of	73211
determining applicable license fees under this section, the	73212
authorized maximum daily waste receipt so stated shall be	73213
converted from cubic yards to tons as the unit of measurement	73214
based upon a conversion factor of three cubic yards per ton for	73215
compacted wastes generally and one cubic yard per ton for baled	73216
wastes.	73217

(2) The annual license fee for a facility that is an	73218
incinerator facility is one-half the amount shown in division	73219
(A)(1) of this section. When a municipal corporation, county, or	73220
township owns and operates more than one incinerator within its	73221
boundaries, the municipal corporation, county, or township shall	73222
pay one fee for the licenses for all of its incinerators. The fee	73223
shall be determined on the basis of the aggregate maximum daily	73224
waste receipt for all the incinerators owned and operated by the	73225
municipal corporation, county, or township in an amount that is	73226
one-half the amount shown in division (A)(1) of this section.	73227

(3) The annual fee for a solid waste compost facility license	73228
shall be in accordance with the following schedule:	73229

AUTHORIZED MAXIMUM	ANNUAL	73230
DAILY WASTE	LICENSE	73231
RECEIPT (TONS)	FEE	73232
12 or less	$ 300	73233
13 to 25	600	73234
26 to 50	1,200	73235
51 to 75	1,800	73236
76 to 100	2,500	73237
101 to ~~200~~ 150	~~6,250~~ 3,750	73238
151 to 200	5,000	73239
201 to ~~500~~ 250	~~15,000~~ 6,250	73240
251 to 300	7,500	73241
301 to 400	10,000	73242
401 to 500	12,500	73243
501 or more	30,000	73244

~~(3)~~(4) The annual license fee for a solid waste facility,	73245
regardless of its authorized maximum daily waste receipt, is five	73246
thousand dollars for a facility meeting either of the following	73247
qualifications:	73248

(a) The facility is owned by a generator of solid wastes when	73249
the solid waste facility exclusively disposes of solid wastes	73250
generated at one or more premises owned by the generator	73251
regardless of whether the facility is located on a premises where	73252
the wastes are generated;.	73253

(b) The facility exclusively disposes of wastes that are	73254
generated from the combustion of coal, or from the combustion of	73255
primarily coal in combination with scrap tires, that is not	73256
combined in any way with garbage at one or more premises owned by	73257
the generator.	73258

~~(4)~~(5) The annual license fee for a facility that is a	73259
transfer facility is seven hundred fifty dollars.	73260

~~(5)~~(6) The same fees shall apply to private operators and to	73261
the state and its political subdivisions and shall be paid within	73262
thirty days after issuance of a license. The fee includes the cost	73263
of licensing, all inspections, and other costs associated with the	73264
administration of the solid waste provisions of this chapter and	73265
rules adopted under them, excluding the provisions governing scrap	73266
tires. Each such license shall specify that it is conditioned upon	73267
payment of the applicable fee to the board of health or the	73268
director, as appropriate, within thirty days after issuance of the	73269
license.	73270

(B) The board of health shall retain two thousand five	73271
hundred dollars of each license fee collected by the board under	73272
divisions (A)(1), (2), ~~and~~ (3), and (4) of this section or the	73273
entire amount of any such fee that is less than two thousand five	73274
hundred dollars. The moneys retained shall be paid into a special	73275
fund, which is hereby created in each health district, and used	73276
solely to administer and enforce the solid waste provisions of	73277
this chapter and the rules adopted under them, excluding the	73278
provisions governing scrap tires. The remainder of each license	73279
fee collected by the board shall be transmitted to the director	73280
within forty-five days after receipt of the fee. The director	73281
shall transmit these moneys to the treasurer of state to be	73282
credited to the general revenue fund. The board of health shall	73283
retain the entire amount of each fee collected under division	73284
(A)~~(4)~~(5) of this section, which moneys shall be paid into the	73285
special fund of the health district.	73286

(C)(1) Except as provided in divisions (C)(2) and (3) of this	73287
section, the annual fee for an infectious waste treatment facility	73288
license shall be in accordance with the following schedule:	73289

AVERAGE	ANNUAL	73290
DAILY WASTE	LICENSE	73291
RECEIPT (TONS)	FEE	73292
100 or less	$ 5,000	73293
101 to 200	12,500	73294
201 to 500	30,000	73295
501 or more	60,000	73296

For the purpose of determining the applicable license fee	73297
under divisions (C)(1) and (2) of this section, the average daily	73298
waste receipt shall be the average amount of infectious wastes the	73299
facility is authorized to receive daily that is established in the	73300
permit for the facility, and any modifications to that permit,	73301
issued under division (B)(2)(b) or (d) of section 3734.05 of the	73302
Revised Code; or the annual license for the facility, and any	73303
revisions to that license, issued under division (B)(2)(a) of	73304
section 3734.05 of the Revised Code. If no average daily waste	73305
receipt is so established, the annual license fee is sixty	73306
thousand dollars under division (C)(1) of this section and thirty	73307
thousand dollars under division (C)(2) of this section.	73308

(2) The annual license fee for an infectious waste treatment	73309
facility that is an incinerator is one-half the amount shown in	73310
division (C)(1) of this section.	73311

(3) Fees levied under divisions (C)(1) and (2) of this	73312
section shall apply to private operators and to the state and its	73313
political subdivisions and shall be paid within thirty days after	73314
issuance of a license. The fee includes the cost of licensing, all	73315
inspections, and other costs associated with the administration of	73316
the infectious waste provisions of this chapter and rules adopted	73317
under them. Each such license shall specify that it is conditioned	73318
upon payment of the applicable fee to the board of health or the	73319
director, as appropriate, within thirty days after issuance of the	73320
license.	73321

(4) The board of health shall retain two thousand five	73322
hundred dollars of each license fee collected by the board under	73323
divisions (C)(1) and (2) of this section. The moneys retained	73324
shall be paid into a special infectious waste fund, which is	73325
hereby created in each health district, and used solely to	73326
administer and enforce the infectious waste provisions of this	73327
chapter and the rules adopted under them. The remainder of each	73328
license fee collected by the board shall be transmitted to the	73329
director within forty-five days after receipt of the fee. The	73330
director shall transmit these moneys to the treasurer of state to	73331
be credited to the general revenue fund.	73332

Sec. 3734.18. (A) As used in this section:

73333

(1) "On-site facility" means a facility that treats or	73334
disposes of hazardous waste that is generated on the premises of	73335
the facility.	73336

(2) "Off-site facility" means a facility that treats or	73337
disposes of hazardous waste that is generated off the premises of	73338
the facility.	73339

(3) "Satellite facility" means any of the following:

73340

(a) An on-site facility that also receives hazardous waste	73341
from other premises owned by the same person who generates the	73342
waste on the facility premises;	73343

(b) An off-site facility operated so that all of the	73344
hazardous waste it receives is generated on one or more premises	73345
owned by the person who owns the facility;	73346

(c) An on-site facility that also receives hazardous waste	73347
that is transported uninterruptedly and directly to the facility	73348
through a pipeline from a generator who is not the owner of the	73349
facility.	73350

(B) A treatment or disposal facility that is subject to the	73351
fees that are levied under this section may be both an on-site	73352
facility and an off-site facility. The determination of whether an	73353
on-site facility fee or an off-site facility fee is to be paid for	73354
a hazardous waste that is treated or disposed of at the facility	73355
shall be based on whether that hazardous waste was generated on or	73356
off the premises of the facility.	73357

(C) There are hereby levied fees on the disposal of hazardous	73358
waste to be collected according to the following schedule at each	73359
disposal facility to which a hazardous waste facility installation	73360
and operation permit or renewal of a permit has been issued under	73361
this chapter or that is operating in accordance with a permit by	73362
rule under rules adopted by the director of environmental	73363
protection:	73364

(1) For disposal facilities that are off-site facilities,	73365
fees shall be levied at the rate of four dollars and fifty cents	73366
per ton for hazardous waste disposed of by deep well injection and	73367
nine dollars per ton for hazardous waste disposed of by land	73368
application or landfilling. The owner or operator of the facility,	73369
as a trustee for the state, shall collect the fees and forward	73370
them to the director in accordance with rules adopted under this	73371
section.	73372

(2) For disposal facilities that are on-site or satellite	73373
facilities, fees shall be levied at the rate of two dollars per	73374
ton for hazardous waste disposed of by deep well injection and	73375
four dollars per ton for hazardous waste disposed of by land	73376
application or landfilling. The maximum annual disposal fee for an	73377
on-site disposal facility that disposes of one hundred thousand	73378
tons or less of hazardous waste in a year is twenty-five thousand	73379
dollars. The maximum annual disposal fee for an on-site facility	73380
that disposes of more than one hundred thousand tons of hazardous	73381
waste in a year by land application or landfilling is fifty	73382
thousand dollars, and the maximum annual fee for an on-site	73383
facility that disposes of more than one hundred thousand tons of	73384
hazardous waste in a year by deep well injection is one hundred	73385
thousand dollars. The maximum annual disposal fee for a satellite	73386
facility that disposes of one hundred thousand tons or less of	73387
hazardous waste in a year is thirty-seven thousand five hundred	73388
dollars, and the maximum annual disposal fee for a satellite	73389
facility that disposes of more than one hundred thousand tons of	73390
hazardous waste in a year is seventy-five thousand dollars, except	73391
that a satellite facility defined under division (A)(3)(b) of this	73392
section that receives hazardous waste from a single generation	73393
site is subject to the same maximum annual disposal fees as an	73394
on-site disposal facility. The owner or operator shall pay the fee	73395
to the director each year upon the anniversary of the date of	73396
issuance of the owner's or operator's installation and operation	73397
permit during the term of that permit and any renewal permit	73398
issued under division (H) of section 3734.05 of the Revised Code	73399
or on the anniversary of the date of a permit by rule. If payment	73400
is late, the owner or operator shall pay an additional ten per	73401
cent of the amount of the fee for each month that it is late.	73402

(D) There are hereby levied fees at the rate of two dollars	73403
per ton on hazardous waste that is treated at treatment facilities	73404
that are not on-site or satellite facilities to which a hazardous	73405
waste facility installation and operation permit or renewal of a	73406
permit has been issued under this chapter, whose owner or operator	73407
is operating in accordance with a permit by rule under rules	73408
adopted by the director, or that are not subject to the hazardous	73409
waste facility installation and operation permit requirements	73410
under rules adopted by the director.	73411

(E) There are hereby levied additional fees on the treatment	73412
and disposal of hazardous waste at the rate of ten per cent of the	73413
applicable fees prescribed in division (C) or (D) of this section	73414
for the purposes of paying the costs of municipal corporations and	73415
counties for conducting reviews of applications for hazardous	73416
waste facility installation and operation permits for proposed new	73417
or modified hazardous waste landfills within their boundaries,	73418
emergency response actions with respect to releases of hazardous	73419
waste from hazardous waste facilities within their boundaries,	73420
monitoring the operation of such hazardous waste facilities, and	73421
local waste management planning programs. The owner or operator of	73422
a facility located within a municipal corporation, as a trustee	73423
for the municipal corporation, shall collect the fees levied by	73424
this division and forward them to the treasurer of the municipal	73425
corporation or such officer as, by virtue of the charter, has the	73426
duties of the treasurer in accordance with rules adopted under	73427
this section. The owner or operator of a facility located in an	73428
unincorporated area, as a trustee of the county in which the	73429
facility is located, shall collect the fees levied by this	73430
division and forward them to the county treasurer of that county	73431
in accordance with rules adopted under this section. The owner or	73432
operator shall pay the fees levied by this division to the	73433
treasurer or such other officer of the municipal corporation or to	73434
the county treasurer each year upon the anniversary of the date of	73435
issuance of the owner's or operator's installation and operation	73436
permit during the term of that permit and any renewal permit	73437
issued under division (H) of section 3734.05 of the Revised Code	73438
or on the anniversary of the date of a permit by rule or the date	73439
on which the facility became exempt from hazardous waste facility	73440
installation and operation permit requirements under rules adopted	73441
by the director. If payment is late, the owner or operator shall	73442
pay an additional ten per cent of the amount of the fee for each	73443
month that the payment is late.	73444

Moneys received by a municipal corporation under this	73445
division shall be paid into a special fund of the municipal	73446
corporation and used exclusively for the purposes of conducting	73447
reviews of applications for hazardous waste facility installation	73448
and operation permits for new or modified hazardous waste	73449
landfills located or proposed within the municipal corporation,	73450
conducting emergency response actions with respect to releases of	73451
hazardous waste from facilities located within the municipal	73452
corporation, monitoring operation of such hazardous waste	73453
facilities, and conducting waste management planning programs	73454
within the municipal corporation through employees of the	73455
municipal corporation or pursuant to contracts entered into with	73456
persons or political subdivisions. Moneys received by a board of	73457
county commissioners under this division shall be paid into a	73458
special fund of the county and used exclusively for those purposes	73459
within the unincorporated area of the county through employees of	73460
the county or pursuant to contracts entered into with persons or	73461
political subdivisions.	73462

(F) As used in this section, "treatment" or "treated" does	73463
not include any method, technique, or process designed to recover	73464
energy or material resources from the waste or to render the waste	73465
amenable for recovery. The fees levied by division (D) of this	73466
section do not apply to hazardous waste that is treated and	73467
disposed of on the same premises or by the same person.	73468

(G) The director, by rules adopted in accordance with	73469
Chapters 119. and 3745. of the Revised Code, shall prescribe any	73470
dates not specified in this section and procedures for collecting	73471
and forwarding the fees prescribed by this section and may	73472
prescribe other requirements that are necessary to carry out this	73473
section.	73474

The director shall deposit the moneys collected under	73475
divisions (C) and (D) of this section ~~into one or more minority~~	73476
~~banks, as "minority bank" is defined in division (F)(1) of section~~	73477
~~135.04 of the Revised Code,~~ to the credit of the hazardous waste	73478
facility management fund, which is hereby created in the state	73479
treasury, except that the director shall deposit to the credit of	73480
the underground injection control fund created in section 6111.046	73481
of the Revised Code moneys in excess of fifty thousand dollars	73482
that are collected during a fiscal year under division (C)(2) of	73483
this section from the fee levied on the disposal of hazardous	73484
waste by deep well injection at an on-site disposal facility that	73485
disposes of more than one hundred thousand tons of hazardous waste	73486
in a year.	73487

The environmental protection agency may use moneys in the	73488
hazardous waste facility management fund for administration of the	73489
hazardous waste program established under this chapter and, in	73490
accordance with this section, may request approval by the	73491
controlling board on an annual basis for that use ~~on an annual~~	73492
~~basis. In addition, the agency may use and pledge moneys in that~~	73493
~~fund for repayment of and for interest on any loans made by the~~	73494
~~Ohio water development authority to the agency for the hazardous~~	73495
~~waste program established under this chapter without the necessity~~	73496
~~of requesting approval by the controlling board, which use and~~	73497
~~pledge shall have priority over any other use of the moneys in the~~	73498
~~fund~~and for the purposes specified in sections 3734.19 to 3734.27	73499
of the Revised Code.	73500

~~Until September 28, 1996, the director also may use moneys in~~	73501
~~the fund to pay the start-up costs of administering Chapter 3746.~~	73502
~~of the Revised Code.~~	73503

If moneys in the fund that the agency uses in accordance with	73504
this chapter are reimbursed by grants or other moneys from the	73505
United States government, the grants or other moneys shall be	73506
placed in the fund.	73507

Before the agency makes any expenditure from the fund other	73508
than for repayment of and interest on any loan made by the Ohio	73509
water development authority to the agency ~~in accordance with this~~	73510
~~section~~, the controlling board shall approve the expenditure.	73511

Sec. 3734.19. (A) If the legislative or executive authority	73512
of a municipal corporation, county, or township has evidence to	73513
indicate that locations within its boundaries once served as	73514
hazardous waste facilities or that significant quantities of	73515
hazardous waste were disposed of in solid waste facilities within	73516
its boundaries, it may file a formal written request with the	73517
director of environmental protection, accompanied by supporting	73518
evidence, to survey the locations or facilities.	73519

Upon receipt of a request and a review of the evidence	73520
submitted with the request, the director shall conduct an	73521
investigation to determine if hazardous waste was actually	73522
treated, stored, or disposed of at the locations or facilities	73523
and, if so, to determine the nature and approximate quantity and	73524
types of the waste treated, stored, or disposed of at the	73525
particular locations or facilities. In addition, the director	73526
shall determine whether the locations or facilities, because of	73527
their present condition and the nature and quantities of waste	73528
treated, stored, or disposed of therein, result or are likely to	73529
result in air pollution, pollution of the waters of the state, or	73530
soil contamination or constitute a present or imminent and	73531
substantial threat to public health or safety. The director shall	73532
report the findings of ~~his~~the investigation to the municipal	73533
corporation, county, or township requesting the survey.	73534

For the purpose of conducting investigations under this	73535
section, the director or ~~his~~the director's authorized	73536
representative may enter upon any public or private property. The	73537
director or ~~his~~the director's authorized representative may apply	73538
for, and any judge of a court of common pleas shall issue, an	73539
appropriate search warrant necessary to achieve the purposes of	73540
this section within the court's territorial jurisdiction. When	73541
conducting investigations under this section, the director shall	73542
cause no unnecessary damage to any property. The director may	73543
expend moneys from the hazardous waste facility management fund	73544
created in section 3734.18 of the Revised Code, the hazardous	73545
waste clean-up fund created in section 3734.28 of the Revised	73546
Code, or the environmental protection remediation fund created in	73547
section 3734.281 of the Revised Code for conducting	73548
investigations.	73549

(B) As used in this section and in sections 3734.20, 3734.21,	73550
3734.23, 3734.25, and 3734.26 of the Revised Code, "soil	73551
contamination" means the presence in or on the soil of any	73552
hazardous waste or hazardous waste residue resulting from the	73553
discharge, deposit, injection, dumping, spilling, leaking,	73554
emitting, or placing into or on the soil of hazardous waste or	73555
hazardous waste residue, or any material that when discharged,	73556
deposited, injected, dumped, spilled, leaked, emitted, or placed	73557
into or on the soil becomes a hazardous waste, in any quantity or	73558
having any characteristics that are or threaten to be injurious to	73559
public health or safety, plant or animal life, or the environment	73560
or that unreasonably interfere with the comfortable enjoyment of	73561
life or property.	73562

Sec. 3734.20. (A) If the director of environmental	73563
protection has reason to believe that hazardous waste was treated,	73564
stored, or disposed of at any location within the state, the	73565
director may conduct such investigations and make such inquiries,	73566
including obtaining samples and examining and copying records, as	73567
are reasonable or necessary to determine if conditions at a	73568
hazardous waste facility, solid waste facility, or other location	73569
where the director has reason to believe hazardous waste was	73570
treated, stored, or disposed of constitute a substantial threat to	73571
public health or safety or are causing or contributing to or	73572
threatening to cause or contribute to air or water pollution or	73573
soil contamination. The director or the director's authorized	73574
representative may apply for, and any judge of a court of common	73575
pleas shall issue, an appropriate search warrant necessary to	73576
achieve the purposes of this section within the court's	73577
territorial jurisdiction. The director may expend moneys from the	73578
hazardous waste facility management fund created in section	73579
3734.18 of the Revised Code, the hazardous waste clean-up fund	73580
created in section 3734.28 of the Revised Code, or the	73581
environmental protection remediation fund created in section	73582
3734.281 of the Revised Code for conducting investigations under	73583
this section.	73584

(B) If the director determines that conditions at a hazardous	73585
waste facility, solid waste facility, or other location where	73586
hazardous waste was treated, stored, or disposed of constitute a	73587
substantial threat to public health or safety or are causing or	73588
contributing to or threatening to cause or contribute to air or	73589
water pollution or soil contamination, the director shall initiate	73590
appropriate action under this chapter or Chapter 3704. or 6111. of	73591
the Revised Code or seek any other appropriate legal or equitable	73592
remedies to abate the pollution or contamination or to protect	73593
public health or safety.	73594

If an order of the director to abate or prevent air or water	73595
pollution or soil contamination or to remedy a threat to public	73596
health or safety caused by conditions at such a facility issued	73597
pursuant to this chapter or Chapter 3704. or 6111. of the Revised	73598
Code is not wholly complied with within the time prescribed in the	73599
order, the director may, through officers or employees of the	73600
environmental protection agency or through contractors employed	73601
for that purpose in accordance with the bidding procedure	73602
established in division (C) of section 3734.23 of the Revised	73603
Code, enter upon the facility and perform those measures necessary	73604
to abate or prevent air or water pollution or soil contamination	73605
from the facility or to protect public health or safety,	73606
including, but not limited to, measures prescribed in division (B)	73607
of section 3734.23 of the Revised Code. The director shall keep an	73608
itemized record of the cost of the investigation and measures	73609
performed, including costs for labor, materials, and any contract	73610
services required. Upon completion of the investigation or	73611
measures, the director shall record the cost of performing those	73612
measures at the office of the county recorder of the county in	73613
which the facility is located. The cost so recorded constitutes a	73614
lien against the property on which the facility is located until	73615
discharged. Upon written request of the director, the attorney	73616
general shall institute a civil action to recover the cost. Any	73617
moneys so received shall be credited to the hazardous waste	73618
facility management fund, the hazardous waste clean-up fund, or	73619
the environmental protection remediation fund, as applicable.	73620

When entering upon a facility under this division, the	73621
director shall perform or cause to be performed only those	73622
measures necessary to abate or prevent air or water pollution or	73623
soil contamination caused by conditions at the facility or to	73624
abate threats to public health or safety caused by conditions at	73625
the facility. For this purpose the director may expend moneys from	73626
~~either~~the hazardous waste facility management fund, the hazardous	73627
waste clean-up fund, or the environmental protection remediation	73628
fund and may expend moneys from loans from the Ohio water	73629
development authority to the environmental protection agency that	73630
pledge moneys from ~~either~~the hazardous waste facility management	73631
fund, the hazardous waste clean-up fund, or the environmental	73632
protection remediation fund for the repayment of and for the	73633
interest on such loans.	73634

Sec. 3734.21. (A) The director of environmental protection	73635
may expend moneys credited to the hazardous waste facility	73636
management fund created in section 3734.18 of the Revised Code,	73637
the hazardous waste clean-up fund created in section 3734.28 of	73638
the Revised Code, or the environmental protection remediation fund	73639
created in section 3734.281 of the Revised Code for the payment of	73640
the cost of measures necessary for the proper closure of hazardous	73641
waste facilities or any solid waste facilities containing	73642
significant quantities of hazardous waste, for the payment of	73643
costs of the development and construction of suitable hazardous	73644
waste facilities required by division (B) of section 3734.23 of	73645
the Revised Code to the extent the director determines that such	73646
facilities are not available, and for the payment of costs that	73647
are necessary to abate conditions thereon that are causing or	73648
contributing to or threatening to cause or contribute to air or	73649
water pollution or soil contamination or that constitute a	73650
substantial threat to public health or safety. In addition, the	73651
director may expend and pledge moneys credited to ~~either~~the	73652
hazardous waste facility management fund, the hazardous waste	73653
clean-up fund, or the environmental protection remediation fund	73654
for repayment of and for interest on any loan made by the Ohio	73655
water development authority to the environmental protection agency	73656
for the payment of such costs.	73657

(B) Before beginning to clean up any facility under this	73658
section, the director shall develop a plan for the cleanup and an	73659
estimate of the cost thereof. The plan shall include only those	73660
measures necessary to abate conditions thereon that are causing or	73661
contributing to or threatening to cause or contribute to air or	73662
water pollution or soil contamination or that constitute a	73663
substantial threat to public health or safety, including, but not	73664
limited to, establishment and maintenance of an adequate cover of	73665
soil and vegetation on any facility for the burial of hazardous	73666
waste to prevent the infiltration of water into cells where	73667
hazardous waste is buried, the accumulation or runoff of	73668
contaminated surface water, the production of leachate, and air	73669
emissions of hazardous waste; the collection and treatment of	73670
contaminated surface water runoff; the collection and treatment of	73671
leachate; or, if conditions so require, the removal of hazardous	73672
waste from the facility and the treatment or disposal of the waste	73673
at a suitable hazardous waste facility. The plan or any part of	73674
the plan for the cleanup of the facility shall be carried out by	73675
entering into contracts therefor in accordance with the procedures	73676
established in division (C) of section 3734.23 of the Revised	73677
Code.	73678

Sec. 3734.22. Before beginning to clean up any facility	73679
under section 3734.21 of the Revised Code, the director of	73680
environmental protection shall endeavor to enter into an agreement	73681
with the owner of the land on which the facility is located, or	73682
with the owner of the facility, specifying the measures to be	73683
performed and authorizing the director, employees of the agency,	73684
or contractors retained by the director to enter upon the land and	73685
perform the specified measures.	73686

Each agreement may contain provisions for the reimbursement	73687
of the state for the costs of the cleanup.	73688

All reimbursements and payments shall be credited to the	73689
hazardous waste facility management fund created in section	73690
3734.18 of the Revised Code, the hazardous waste clean-up fund	73691
created in section 3734.28 of the Revised Code, or the	73692
environmental protection remediation fund created in section	73693
3734.281 of the Revised Code, as applicable.	73694

The agreement may require the owner to execute an easement	73695
whereby the director, an authorized employee of the agency, or a	73696
contractor employed by the agency in accordance with the bidding	73697
procedure established in division (C) of section 3734.23 of the	73698
Revised Code may enter upon the facility to sample, repair, or	73699
reconstruct air and water quality monitoring equipment constructed	73700
under the agreement. Such easements shall be for a specified	73701
period of years and may be extinguished by agreement between the	73702
owner and the director. When necessary to protect the public	73703
health or safety, the agreement may require the owner to enter	73704
into an environmental covenant with the director in accordance	73705
with sections 5301.80 to 5301.92 of the Revised Code.	73706

Upon a breach of the reimbursement provisions of the	73707
agreement by the owner of the land or facility, or upon	73708
notification to the director by the owner that the owner is unable	73709
to perform the duties under the reimbursement provisions of the	73710
agreement, the director may record the unreimbursed portion of the	73711
costs of cleanup at the office of the county recorder of the	73712
county in which the facility is located. The costs so recorded	73713
constitute a lien against the property on which the facility is	73714
located until discharged. Upon written request of the director,	73715
the attorney general shall institute a civil action to recover the	73716
unreimbursed portion of the costs of cleanup. Any moneys so	73717
recovered shall be credited to the hazardous waste facility	73718
management fund, the hazardous waste clean-up fund, or the	73719
environmental protection remediation fund, as applicable.	73720

Sec. 3734.23. (A) The director of environmental protection	73721
may acquire by purchase, gift, donation, contribution, or	73722
appropriation in accordance with sections 163.01 to 163.21 of the	73723
Revised Code any hazardous waste facility or any solid waste	73724
facility containing significant quantities of hazardous waste	73725
that, because of its condition and the types and quantities of	73726
hazardous waste contained in the facility, constitutes an imminent	73727
and substantial threat to public health or safety or results in	73728
air pollution, pollution of the waters of the state, or soil	73729
contamination. For this purpose and for the purposes of division	73730
(B) of this section, the director may expend moneys from the	73731
hazardous waste facility management fund created in section	73732
3734.18 of the Revised Code, the hazardous waste clean-up fund	73733
created in section 3734.28 of the Revised Code, or the	73734
environmental protection remediation fund created in section	73735
3734.281 of the Revised Code and may expend moneys from loans from	73736
the Ohio water development authority to the environmental	73737
protection agency that pledge moneys from ~~either~~the hazardous	73738
waste facility management fund, the hazardous waste clean-up fund,	73739
or the environmental protection remediation fund for the repayment	73740
of and for the interest on such loans. Any lands or facilities	73741
purchased or acquired under this section shall be deeded to the	73742
state, but no deed shall be accepted or the purchase price paid	73743
until the title has been approved by the attorney general.	73744

(B) The director shall, with respect to any land or facility	73745
acquired under this section or cleaned up under section 3734.20 of	73746
the Revised Code, perform closure or other measures necessary to	73747
abate conditions thereon that are causing or contributing to or	73748
threatening to cause or contribute to air or water pollution or	73749
soil contamination or that constitute a substantial threat to	73750
public health or safety, including, but not limited to,	73751
establishment and maintenance of an adequate cover of soil and	73752
vegetation on any facility for the burial of hazardous waste to	73753
prevent the infiltration of water into cells where hazardous waste	73754
is buried, the accumulation or runoff of contaminated surface	73755
water, the production of leachate, and air emissions of hazardous	73756
waste; the collection and treatment of contaminated surface water	73757
runoff; the collection and treatment of leachate; or, if	73758
conditions so require, the removal of hazardous waste from the	73759
facility and the treatment or disposal of the waste at a suitable	73760
hazardous waste facility. After performing these measures, the	73761
director shall provide for the post-closure care, maintenance, and	73762
monitoring of facilities cleaned up under this section.	73763

(C) Before proceeding to clean up any facility under this	73764
section or section 3734.20 or 3734.21 of the Revised Code, the	73765
director shall develop a plan for the cleanup of the facility and	73766
an estimate of the cost thereof. The director may carry out the	73767
plan or any part of the plan by contracting for the services,	73768
construction, and repair necessary therefor. The director shall	73769
award each such contract to the lowest responsible bidder after	73770
sealed bids therefor are received, opened, and published at the	73771
time fixed by the director and notice of the time and place at	73772
which the sealed bids will be received, opened, and published has	73773
been published by the director in a newspaper of general	73774
circulation in the county in which the facility to be cleaned up	73775
under the contract is located at least once within the ten days	73776
before the opening of the bids. However, if after advertising for	73777
bids for the contract, no bids are received by the director at the	73778
time and place fixed for receiving them, the director may	73779
advertise again for bids, or the director may, if the director	73780
considers the public interest will best be served thereby, enter	73781
into a contract for the cleanup of the facility without further	73782
advertisement for bids. The director may reject any or all bids	73783
received and fix and publish again notice of the time and place at	73784
which bids for the contracts will be received, opened, and	73785
published.	73786

(D) The director shall keep an itemized record of the costs	73787
of any acquisition under division (A) of this section and the	73788
costs of cleanup under division (B) of this section.	73789

Sec. 3734.24. After the cleanup of a solid waste facility or	73790
a hazardous waste facility acquired and cleaned up under section	73791
3734.23 of the Revised Code, the director of environmental	73792
protection may, if the facility is suitable for use by any other	73793
state department, agency, office, or institution and if the	73794
proposed use of the facility is compatible with the condition of	73795
the facility as cleaned up, transfer the facility to that state	73796
department, agency, office, or institution. The director shall	73797
continue to provide for the post-closure care, maintenance, and	73798
monitoring of any such cleaned-up facility as required by section	73799
3734.23 of the Revised Code.	73800

If the director determines that any facility so cleaned up is	73801
suitable, because of its condition as cleaned up, for restricted	73802
or unrestricted use, the director may, with the approval of the	73803
attorney general, sell the facility if the sale is advantageous to	73804
the state. Prior to selling the cleaned-up facility, the director	73805
shall, when necessary to protect public health or safety, enter	73806
into an environmental covenant in accordance with sections 5301.80	73807
to 5301.92 of the Revised Code. When selling any such cleaned-up	73808
facility, the director shall retain the right to enter upon the	73809
facility, in person or by an authorized agent, to provide for the	73810
post-closure care, maintenance, and monitoring of the facility.	73811
The director shall provide for the post-closure care, maintenance,	73812
and monitoring of any such facility sold as required by section	73813
3734.23 of the Revised Code.	73814

With the approval of the attorney general, the director may	73815
grant easements or leases on any such cleaned-up facility if the	73816
director determines that the use of the facility under the	73817
easement or lease is compatible with its condition as cleaned up.	73818

Any moneys derived from the sale of such cleaned-up	73819
facilities or from payments from easements or leases shall be	73820
credited to the hazardous waste facility management fund created	73821
in section 3734.18 of the Revised Code, the hazardous waste	73822
clean-up fund created in section 3734.28 of the Revised Code, or	73823
the environmental protection remediation fund created in section	73824
3734.281 of the Revised Code, as applicable.	73825

Sec. 3734.25. (A) The director of environmental protection	73826
may make grants of moneys from the hazardous waste facility	73827
management fund created in section 3734.18 of the Revised Code or	73828
the hazardous waste clean-up fund created in section 3734.28 of	73829
the Revised Code for payment by the state of up to two-thirds of	73830
the reasonable and necessary expenses incurred by a municipal	73831
corporation, county, or township for the proper closure of or	73832
abatement of air or water pollution or soil contamination from a	73833
solid waste facility in which significant quantities of hazardous	73834
waste were disposed of and that the political subdivision owns and	73835
once operated.	73836

(B) A municipal corporation, county, or township shall submit	73837
an application for a grant on forms provided by the director,	73838
together with detail plans and specifications indicating the	73839
measures to be performed, an itemized estimate of the project's	73840
cost, a description of the project's benefits, and such other	73841
information as the director prescribes. The plan for closure or	73842
abatement of air or water pollution or soil contamination may be	73843
prepared in consultation with the director or the board of health	73844
of the city or general health district in which the facility is	73845
located. The director may award the applicant a grant only if the	73846
director finds that the proposed measures will provide for the	73847
proper closure of the facility and will abate or prevent air or	73848
water pollution or soil contamination, including, but not limited	73849
to, those measures necessary or desirable to:	73850

(1) In the case of a facility at which land burial of	73851
hazardous waste occurred, establish and maintain a suitable cover	73852
of soil and vegetation over the cells in which waste is buried in	73853
order to minimize erosion, the infiltration of surface water into	73854
the cells, the production of leachate, and the accumulation or	73855
runoff of contaminated surface waters and to prevent air emissions	73856
of hazardous waste from the facility;	73857

(2) Collect and treat contaminated surface water runoff from	73858
the facility;	73859

(3) Collect and treat leachate produced at the facility;

73860

(4) Install test wells and other equipment or facilities to	73861
monitor the quality of surface waters receiving runoff from the	73862
facility or to monitor air emissions of hazardous waste from the	73863
facility;	73864

(5) Regularly monitor and analyze surface water runoff from	73865
the facility, the quality of waters receiving the runoff, and	73866
ground water quality in the vicinity of the facility, and	73867
regularly monitor leachate collection and treatment systems	73868
installed under the grant and analyze samples from them;	73869

(6) Remove and dispose of hazardous waste from the facility	73870
at a suitable hazardous waste disposal facility where necessary to	73871
protect public health or safety or to prevent or abate air or	73872
water pollution or soil contamination.	73873

(C) The director shall determine the amount of the grant	73874
based upon the director's determination of what constitutes	73875
reasonable and necessary expenses for the proper closure of the	73876
facility or for the prevention or elimination of air or water	73877
pollution or soil contamination from the facility. In making a	73878
grant, the director shall enter into a contract with the municipal	73879
corporation, county, or township that owns the facility to ensure	73880
that the moneys granted are used for the purposes of this section	73881
and that measures performed are properly done. The final payment	73882
under a grant may not be made until the director inspects and	73883
approves the completed cleanup.	73884

The contract shall require the municipal corporation, county,	73885
or township to execute an easement whereby the director, an	73886
authorized employee of the agency, or a contractor employed by the	73887
director may enter upon the facility to sample, repair, or	73888
reconstruct air and water quality monitoring equipment constructed	73889
under the contract. Such easements shall be for a specified period	73890
of years and may be extinguished by agreement between the	73891
political subdivision and the director.	73892

When necessary to protect public health or safety, the	73893
contract may require the municipal corporation, county, or	73894
township to enter into an environmental covenant with the director	73895
in accordance with sections 5301.80 to 5301.92 of the Revised	73896
Code.	73897

Sec. 3734.26. (A) The director of environmental protection	73898
may make grants of moneys from the hazardous waste facility	73899
management fund created in section 3734.18 of the Revised Code or	73900
the hazardous waste clean-up fund created in section 3734.28 of	73901
the Revised Code to the owner, other than a political subdivision,	73902
of a solid waste facility in which significant quantities of	73903
hazardous waste were disposed of or a hazardous waste facility for	73904
up to fifty per cent of the cost of the reasonable and necessary	73905
expenses incurred for the proper closure of or abatement or	73906
prevention of air or water pollution or soil contamination from	73907
the facility and for developing the land on which it was located	73908
for use in industry, commerce, distribution, or research.	73909

The director shall not make grants to the owner of any land	73910
on which such facilities are located if the owner at any time	73911
owned or operated the facility located thereon for profit or in	73912
conjunction with any profit-making enterprise located in this	73913
state or to any person who at any time owned or operated a	73914
facility concerning which the director has taken action under	73915
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However,	73916
the director may make grants under this section to any subsequent	73917
owner of the land, provided that the person has no affiliation	73918
with any person who owned or operated the facility located on the	73919
land for profit or in conjunction with any profit-making	73920
enterprise located in this state or who owned or operated a	73921
facility concerning which the director has taken action under	73922
section 3734.20, 3734.22, or 3734.23 of the Revised Code.	73923

(B) The owner shall submit an application for a grant on	73924
forms furnished by the director, together with detail plans and	73925
specifications for the measures to be performed to close the	73926
facility properly or to abate or prevent air or water pollution or	73927
soil contamination from the facility, an itemized estimate of the	73928
project's cost, a description of the project's estimated benefits,	73929
and such other information as the director prescribes. The plan	73930
may be prepared in consultation with the director or with the	73931
board of health of the city or general health district in which	73932
the facility is located. The director may award the applicant a	73933
grant only after finding that the proposed measures will provide	73934
for the proper closure of the facility or will abate or prevent	73935
air or water pollution or soil contamination from the facility,	73936
including, but not limited to, those measures necessary or	73937
desirable to:	73938

(1) In the case of a facility for the land burial of	73939
hazardous waste, establish and maintain a suitable cover of soil	73940
and vegetation over the cells in which waste is buried in order to	73941
minimize erosion, the infiltration of surface water into the	73942
cells, the production of leachate, and the accumulation or runoff	73943
of contaminated surface water and to prevent air emissions of	73944
hazardous waste from the facility;	73945

(2) Collect and treat contaminated surface water runoff from	73946
the facility;	73947

(3) Collect and treat leachate produced at the facility;

73948

(4) Install test wells and other equipment or facilities to	73949
monitor the quality of surface waters receiving runoff from the	73950
facility or to monitor air emissions of hazardous waste from the	73951
facility;	73952

(5) Regularly monitor and analyze surface water runoff from	73953
the facility, the quality of waters receiving the runoff, and	73954
ground water quality in the vicinity of the facility, and	73955
regularly monitor leachate collection and treatment systems	73956
installed under the grant and analyze samples from them;	73957

(6) Remove and dispose of hazardous waste from the facility	73958
at a suitable hazardous waste disposal facility where necessary to	73959
protect public health or safety or to abate or prevent air or	73960
water pollution or soil contamination.	73961

(C) The director shall determine the amount of the grant	73962
based upon the director's determination of what constitutes	73963
reasonable and necessary expenses for the proper closure of the	73964
facility or for the abatement or prevention of air or water	73965
pollution or soil contamination from the facility. The amount of	73966
the grant shall not exceed one-half of the total, as determined by	73967
the director, of what constitutes reasonable and necessary	73968
expenses actually incurred for the proper closure of or abatement	73969
or prevention of air or water pollution or soil contamination from	73970
the facility.	73971

In making a grant, the director shall enter into a contract	73972
for funding with each applicant awarded a grant to ensure that the	73973
moneys granted are used for the purpose of this section and that	73974
the measures performed are properly performed. The final payment	73975
under a grant may not be made until the director inspects and	73976
approves the completed cleanup and the plans for developing the	73977
land for use in industry, commerce, distribution, or research.	73978

Each contract for funding shall contain provisions for the	73979
reimbursement of the state of a portion of the costs of the	73980
cleanup that is commensurate with the increase in the market value	73981
of the property attributable to the cleanup thereon, as determined	73982
by appraisals made before and after cleanup in the manner stated	73983
in the contract. For reimbursement of that portion, the contract	73984
may include provisions for:	73985

(1) Payment to the state of the share of the income derived	73986
from the productive use of the land;	73987

(2) Imposition of a lien in the amount of the increase in	73988
fair market value payable upon the transfer or conveyance to a new	73989
owner;	73990

(3) Waiver of all reimbursement if the determination	73991
discloses an increase in value that is insubstantial in comparison	73992
to the benefits to the public from the abatement of threats to	73993
public health or safety or from the abatement or prevention of	73994
pollution or contamination, considering the applicant's share of	73995
the cleanup cost.	73996

All reimbursements and payments shall be credited to the	73997
hazardous waste facility management fund or the hazardous waste	73998
clean-up fund ~~created in section 3734.28 of the Revised Code~~, as	73999
applicable.	74000

(D) The contract shall require the owner to execute an	74001
easement whereby the director, an authorized employee of the	74002
agency, or a contractor employed by the agency may enter upon the	74003
facility to sample, repair, or reconstruct air and water quality	74004
monitoring equipment constructed under the contract. Such	74005
easements shall be for a specified period of years and may be	74006
extinguished by agreement between the owner and the director. When	74007
necessary to protect the public health or safety, the contract may	74008
require the owner to enter into an environmental covenant with the	74009
director in accordance with sections 5301.80 to 5301.92 of the	74010
Revised Code.	74011

(E) As used in this section, "commerce" includes, but is not	74012
limited to, agriculture, forestry, and housing.	74013

Sec. 3734.27. Before making grants from the hazardous waste	74014
facility management fund created in section 3734.18 of the Revised	74015
Code or the hazardous waste clean-up fund created in section	74016
3734.28 of the Revised Code, the director of environmental	74017
protection shall consider each project application submitted by a	74018
political subdivision under section 3734.25 of the Revised Code,	74019
each application submitted by the owner of a facility under	74020
section 3734.26 of the Revised Code, and each facility surveyed	74021
under section 3734.19 of the Revised Code and, based upon the	74022
feasibility, cost, and public benefits of restoring the particular	74023
land and the availability of federal or other financial assistance	74024
for restoration, establish priorities for awarding grants from the	74025
fund.	74026

Sec. 3734.28. Except as otherwise provided in ~~section~~	74027
sections 3734.281 and 3734.282 of the Revised Code, moneys	74028
collected under sections 3734.122, 3734.13, 3734.20, 3734.22,	74029
3734.24, and 3734.26 of the Revised Code and under the	74030
"Comprehensive Environmental Response, Compensation, and Liability	74031
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended,	74032
including moneys recovered under division (B)(1) of this section,	74033
shall be paid into the state treasury to the credit of the	74034
hazardous waste clean-up fund, which is hereby created. In	74035
addition, ~~any moneys~~both of the following shall be credited to	74036
the fund:	74037

(A) Moneys recovered for costs paid from the fund for	74038
activities described in divisions (A)(1) and (2) of section	74039
3745.12 of the Revised Code ~~shall be credited to the fund~~;	74040

(B) Natural resource damage assessment costs recovered under	74041
any of the following:	74042

(1) The "Comprehensive Environmental Response, Compensation,	74043
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et	74044
seq., as amended;	74045

(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.	74046
2701, et seq., as amended;	74047

(3) The Federal Water Pollution Control Act as defined in	74048
section 6111.01 of the Revised Code;	74049

(4) Any other applicable federal or state law. ~~The~~

74050

The environmental protection agency shall use the moneys in	74051
the fund for the purposes set forth in division (D) of section	74052
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,	74053
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,	74054
and Chapter 3746. of the Revised Code, including any related	74055
enforcement expenses. In addition, the agency shall use the moneys	74056
in the fund to pay the state's long-term operation and maintenance	74057
costs or matching share for actions taken under the "Comprehensive	74058
Environmental Response, Compensation, and Liability Act of 1980,"	74059
as amended. If those moneys are reimbursed by grants or other	74060
moneys from the United States or any other person, the moneys	74061
shall be placed in the fund and not in the general revenue fund.	74062

The director of environmental protection may enter into	74063
contracts and grant agreements with federal, state, or local	74064
government agencies, nonprofit organizations, and colleges and	74065
universities for the purpose of carrying out the responsibilities	74066
of the environmental protection agency for which money may be	74067
expended from the fund.	74068

Sec. 3734.282. ~~All~~Except for natural resource damage	74069
assessment costs recovered by the state that are required by	74070
section 3734.28 of the Revised Code to be credited to the	74071
hazardous waste clean-up fund created in that section, all money	74072
collected by the state for natural resources damages under the	74073
"Comprehensive Environmental Response, Compensation, and Liability	74074
Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended,	74075
the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et	74076
seq., as amended, the ~~"Clean~~Federal Water Pollution Control Act,"	74077
~~86 Stat. 862, 33 U.S.C. 1321,~~ as ~~amended~~defined in section	74078
6111.01 of the Revised Code, or any other applicable federal or	74079
state law shall be paid into the state treasury to the credit of	74080
the natural resource damages fund, which is hereby created. The	74081
director of environmental protection shall use money in the fund	74082
only in accordance with the purposes of and the limitations on	74083
natural resources damages set forth in the "Comprehensive	74084
Environmental Response, Compensation, and Liability Act of 1980,"	74085
as amended, the "Oil Pollution Act of 1990," as amended, the	74086
~~"Clean~~Federal Water Pollution Control Act~~," as amended~~, or	74087
another applicable federal or state law. All investment earnings	74088
of the fund shall be credited to the fund.	74089

The director of environmental protection may enter into	74090
contracts and grant agreements with federal, state, or local	74091
government agencies, nonprofit organizations, and colleges and	74092
universities for the purpose of carrying out the director's	74093
responsibilities for which money may be expended from the fund.	74094

Sec. 3734.57. (A) The following fees are hereby levied on	74095
the transfer or disposal of solid wastes in this state:	74096

(1) One dollar per ton ~~on and after July 1, 2003,~~ through	74097
June 30, ~~2012~~2014, one-half of the proceeds of which shall be	74098
deposited in the state treasury to the credit of the hazardous	74099
waste facility management fund created in section 3734.18 of the	74100
Revised Code and one-half of the proceeds of which shall be	74101
deposited in the state treasury to the credit of the hazardous	74102
waste clean-up fund created in section 3734.28 of the Revised	74103
Code;	74104

(2) An additional one dollar per ton ~~on and after July 1,~~	74105
~~2003,~~ through June 30, ~~2012~~2014, the proceeds of which shall be	74106
deposited in the state treasury to the credit of the solid waste	74107
fund, which is hereby created. The environmental protection agency	74108
shall use money in the solid waste fund to pay the costs of	74109
administering and enforcing the laws pertaining to solid wastes,	74110
infectious wastes, and construction and demolition debris,	74111
including, without limitation, ground water evaluations related to	74112
solid wastes, infectious wastes, and construction and demolition	74113
debris, under this chapter and Chapter 3714. of the Revised Code	74114
and any rules adopted under them, providing compliance assistance	74115
to small businesses, and paying a share of the administrative	74116
costs of the environmental protection agency pursuant to section	74117
3745.014 of the Revised Code.	74118

(3) An additional ~~one dollar~~two dollars and fifty cents per	74119
ton ~~on and after July 1, 2005,~~ through June 30, ~~2012~~2014, the	74120
proceeds of which shall be deposited in the state treasury to the	74121
credit of the environmental protection fund created in section	74122
3745.015 of the Revised Code;	74123

(4) ~~An additional one dollar per ton on and after August 1,~~	74124
~~2009, through June 30, 2012, the proceeds of which shall be~~	74125
~~deposited in the state treasury to the credit of the environmental~~	74126
~~protection fund.~~	74127

~~(5)~~ An additional twenty-five cents per ton ~~on and after~~	74128
~~August 1, 2009,~~ through June 30, ~~2012~~2013, the proceeds of which	74129
shall be deposited in the state treasury to the credit of the soil	74130
and water conservation district assistance fund created in section	74131
1515.14 of the Revised Code.	74132

In the case of solid wastes that are taken to a solid waste	74133
transfer facility located in this state prior to being transported	74134
for disposal at a solid waste disposal facility located in this	74135
state or outside of this state, the fees levied under this	74136
division shall be collected by the owner or operator of the	74137
transfer facility as a trustee for the state. The amount of fees	74138
required to be collected under this division at such a transfer	74139
facility shall equal the total tonnage of solid wastes received at	74140
the facility multiplied by the fees levied under this division. In	74141
the case of solid wastes that are not taken to a solid waste	74142
transfer facility located in this state prior to being transported	74143
to a solid waste disposal facility, the fees shall be collected by	74144
the owner or operator of the solid waste disposal facility as a	74145
trustee for the state. The amount of fees required to be collected	74146
under this division at such a disposal facility shall equal the	74147
total tonnage of solid wastes received at the facility that was	74148
not previously taken to a solid waste transfer facility located in	74149
this state multiplied by the fees levied under this division. Fees	74150
levied under this division do not apply to materials separated	74151
from a mixed waste stream for recycling by a generator or	74152
materials removed from the solid waste stream through recycling,	74153
as "recycling" is defined in rules adopted under section 3734.02	74154
of the Revised Code.	74155

The owner or operator of a solid waste transfer facility or	74156
disposal facility, as applicable, shall prepare and file with the	74157
director of environmental protection each month a return	74158
indicating the total tonnage of solid wastes received at the	74159
facility during that month and the total amount of the fees	74160
required to be collected under this division during that month. In	74161
addition, the owner or operator of a solid waste disposal facility	74162
shall indicate on the return the total tonnage of solid wastes	74163
received from transfer facilities located in this state during	74164
that month for which the fees were required to be collected by the	74165
transfer facilities. The monthly returns shall be filed on a form	74166
prescribed by the director. Not later than thirty days after the	74167
last day of the month to which a return applies, the owner or	74168
operator shall mail to the director the return for that month	74169
together with the fees required to be collected under this	74170
division during that month as indicated on the return or may	74171
submit the return and fees electronically in a manner approved by	74172
the director. If the return is filed and the amount of the fees	74173
due is paid in a timely manner as required in this division, the	74174
owner or operator may retain a discount of three-fourths of one	74175
per cent of the total amount of the fees that are required to be	74176
paid as indicated on the return.	74177

The owner or operator may request an extension of not more	74178
than thirty days for filing the return and remitting the fees,	74179
provided that the owner or operator has submitted such a request	74180
in writing to the director together with a detailed description of	74181
why the extension is requested, the director has received the	74182
request not later than the day on which the return is required to	74183
be filed, and the director has approved the request. If the fees	74184
are not remitted within thirty days after the last day of the	74185
month to which the return applies or are not remitted by the last	74186
day of an extension approved by the director, the owner or	74187
operator shall not retain the three-fourths of one per cent	74188
discount and shall pay an additional ten per cent of the amount of	74189
the fees for each month that they are late. For purposes of	74190
calculating the late fee, the first month in which fees are late	74191
begins on the first day after the deadline has passed for timely	74192
submitting the return and fees, and one additional month shall be	74193
counted every thirty days thereafter.	74194

The owner or operator of a solid waste facility may request a	74195
refund or credit of fees levied under this division and remitted	74196
to the director that have not been paid to the owner or operator.	74197
Such a request shall be made only if the fees have not been	74198
collected by the owner or operator, have become a debt that has	74199
become worthless or uncollectable for a period of six months or	74200
more, and may be claimed as a deduction, including a deduction	74201
claimed if the owner or operator keeps accounts on an accrual	74202
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26	74203
U.S.C. 166, as amended, and regulations adopted under it. Prior to	74204
making a request for a refund or credit, an owner or operator	74205
shall make reasonable efforts to collect the applicable fees. A	74206
request for a refund or credit shall not include any costs	74207
resulting from those efforts to collect unpaid fees.	74208

A request for a refund or credit of fees shall be made in	74209
writing, on a form prescribed by the director, and shall be	74210
supported by evidence that may be required in rules adopted by the	74211
director under this chapter. After reviewing the request, and if	74212
the request and evidence submitted with the request indicate that	74213
a refund or credit is warranted, the director shall grant a refund	74214
to the owner or operator or shall permit a credit to be taken by	74215
the owner or operator on a subsequent monthly return submitted by	74216
the owner or operator. The amount of a refund or credit shall not	74217
exceed an amount that is equal to ninety days' worth of fees owed	74218
to an owner or operator by a particular debtor of the owner or	74219
operator. A refund or credit shall not be granted by the director	74220
to an owner or operator more than once in any twelve-month period	74221
for fees owed to the owner or operator by a particular debtor.	74222

If, after receiving a refund or credit from the director, an	74223
owner or operator receives payment of all or part of the fees, the	74224
owner or operator shall remit the fees with the next monthly	74225
return submitted to the director together with a written	74226
explanation of the reason for the submittal.	74227

For purposes of computing the fees levied under this division	74228
or division (B) of this section, any solid waste transfer or	74229
disposal facility that does not use scales as a means of	74230
determining gate receipts shall use a conversion factor of three	74231
cubic yards per ton of solid waste or one cubic yard per ton for	74232
baled waste, as applicable.	74233

The fees levied under this division and divisions (B) and (C)	74234
of this section are in addition to all other applicable fees and	74235
taxes and shall be paid by the customer or a political subdivision	74236
to the owner or operator of a solid waste transfer or disposal	74237
facility. In the alternative, the fees shall be paid by a customer	74238
or political subdivision to a transporter of waste who	74239
subsequently transfers the fees to the owner or operator of such a	74240
facility. The fees shall be paid notwithstanding the existence of	74241
any provision in a contract that the customer or a political	74242
subdivision may have with the owner or operator or with a	74243
transporter of waste to the facility that would not require or	74244
allow such payment regardless of whether the contract was entered	74245
prior to or after the effective date of this amendment. For those	74246
purposes, "customer" means a person who contracts with, or	74247
utilizes the solid waste services of, the owner or operator of a	74248
solid waste transfer or disposal facility or a transporter of	74249
solid waste to such a facility.	74250

(B) For the purposes specified in division (G) of this	74251
section, the solid waste management policy committee of a county	74252
or joint solid waste management district may levy fees upon the	74253
following activities:	74254

(1) The disposal at a solid waste disposal facility located	74255
in the district of solid wastes generated within the district;	74256

(2) The disposal at a solid waste disposal facility within	74257
the district of solid wastes generated outside the boundaries of	74258
the district, but inside this state;	74259

(3) The disposal at a solid waste disposal facility within	74260
the district of solid wastes generated outside the boundaries of	74261
this state.	74262

The solid waste management plan of the county or joint	74263
district approved under section 3734.521 or 3734.55 of the Revised	74264
Code and any amendments to it, or the resolution adopted under	74265
this division, as appropriate, shall establish the rates of the	74266
fees levied under divisions (B)(1), (2), and (3) of this section,	74267
if any, and shall specify whether the fees are levied on the basis	74268
of tons or cubic yards as the unit of measurement. A solid waste	74269
management district that levies fees under this division on the	74270
basis of cubic yards shall do so in accordance with division (A)	74271
of this section.	74272

The fee levied under division (B)(1) of this section shall be	74273
not less than one dollar per ton nor more than two dollars per	74274
ton, the fee levied under division (B)(2) of this section shall be	74275
not less than two dollars per ton nor more than four dollars per	74276
ton, and the fee levied under division (B)(3) of this section	74277
shall be not more than the fee levied under division (B)(1) of	74278
this section.	74279

Prior to the approval of the solid waste management plan of a	74280
district under section 3734.55 of the Revised Code, the solid	74281
waste management policy committee of a district may levy fees	74282
under this division by adopting a resolution establishing the	74283
proposed amount of the fees. Upon adopting the resolution, the	74284
committee shall deliver a copy of the resolution to the board of	74285
county commissioners of each county forming the district and to	74286
the legislative authority of each municipal corporation and	74287
township under the jurisdiction of the district and shall prepare	74288
and publish the resolution and a notice of the time and location	74289
where a public hearing on the fees will be held. Upon adopting the	74290
resolution, the committee shall deliver written notice of the	74291
adoption of the resolution; of the amount of the proposed fees;	74292
and of the date, time, and location of the public hearing to the	74293
director and to the fifty industrial, commercial, or institutional	74294
generators of solid wastes within the district that generate the	74295
largest quantities of solid wastes, as determined by the	74296
committee, and to their local trade associations. The committee	74297
shall make good faith efforts to identify those generators within	74298
the district and their local trade associations, but the	74299
nonprovision of notice under this division to a particular	74300
generator or local trade association does not invalidate the	74301
proceedings under this division. The publication shall occur at	74302
least thirty days before the hearing. After the hearing, the	74303
committee may make such revisions to the proposed fees as it	74304
considers appropriate and thereafter, by resolution, shall adopt	74305
the revised fee schedule. Upon adopting the revised fee schedule,	74306
the committee shall deliver a copy of the resolution doing so to	74307
the board of county commissioners of each county forming the	74308
district and to the legislative authority of each municipal	74309
corporation and township under the jurisdiction of the district.	74310
Within sixty days after the delivery of a copy of the resolution	74311
adopting the proposed revised fees by the policy committee, each	74312
such board and legislative authority, by ordinance or resolution,	74313
shall approve or disapprove the revised fees and deliver a copy of	74314
the ordinance or resolution to the committee. If any such board or	74315
legislative authority fails to adopt and deliver to the policy	74316
committee an ordinance or resolution approving or disapproving the	74317
revised fees within sixty days after the policy committee	74318
delivered its resolution adopting the proposed revised fees, it	74319
shall be conclusively presumed that the board or legislative	74320
authority has approved the proposed revised fees. The committee	74321
shall determine if the resolution has been ratified in the same	74322
manner in which it determines if a draft solid waste management	74323
plan has been ratified under division (B) of section 3734.55 of	74324
the Revised Code.	74325

The committee may amend the schedule of fees levied pursuant	74326
to a resolution adopted and ratified under this division by	74327
adopting a resolution establishing the proposed amount of the	74328
amended fees. The committee may repeal the fees levied pursuant to	74329
such a resolution by adopting a resolution proposing to repeal	74330
them. Upon adopting such a resolution, the committee shall proceed	74331
to obtain ratification of the resolution in accordance with this	74332
division.	74333

Not later than fourteen days after declaring the new fees to	74334
be ratified or the fees to be repealed under this division, the	74335
committee shall notify by certified mail the owner or operator of	74336
each solid waste disposal facility that is required to collect the	74337
fees of the ratification and the amount of the fees or of the	74338
repeal of the fees. Collection of any fees shall commence or	74339
collection of repealed fees shall cease on the first day of the	74340
second month following the month in which notification is sent to	74341
the owner or operator.	74342

Fees levied under this division also may be established,	74343
amended, or repealed by a solid waste management policy committee	74344
through the adoption of a new district solid waste management	74345
plan, the adoption of an amended plan, or the amendment of the	74346
plan or amended plan in accordance with sections 3734.55 and	74347
3734.56 of the Revised Code or the adoption or amendment of a	74348
district plan in connection with a change in district composition	74349
under section 3734.521 of the Revised Code.	74350

Not later than fourteen days after the director issues an	74351
order approving a district's solid waste management plan, amended	74352
plan, or amendment to a plan or amended plan that establishes,	74353
amends, or repeals a schedule of fees levied by the district, the	74354
committee shall notify by certified mail the owner or operator of	74355
each solid waste disposal facility that is required to collect the	74356
fees of the approval of the plan or amended plan, or the amendment	74357
to the plan, as appropriate, and the amount of the fees, if any.	74358
In the case of an initial or amended plan approved under section	74359
3734.521 of the Revised Code in connection with a change in	74360
district composition, other than one involving the withdrawal of a	74361
county from a joint district, the committee, within fourteen days	74362
after the change takes effect pursuant to division (G) of that	74363
section, shall notify by certified mail the owner or operator of	74364
each solid waste disposal facility that is required to collect the	74365
fees that the change has taken effect and of the amount of the	74366
fees, if any. Collection of any fees shall commence or collection	74367
of repealed fees shall cease on the first day of the second month	74368
following the month in which notification is sent to the owner or	74369
operator.	74370

If, in the case of a change in district composition involving	74371
the withdrawal of a county from a joint district, the director	74372
completes the actions required under division (G)(1) or (3) of	74373
section 3734.521 of the Revised Code, as appropriate, forty-five	74374
days or more before the beginning of a calendar year, the policy	74375
committee of each of the districts resulting from the change that	74376
obtained the director's approval of an initial or amended plan in	74377
connection with the change, within fourteen days after the	74378
director's completion of the required actions, shall notify by	74379
certified mail the owner or operator of each solid waste disposal	74380
facility that is required to collect the district's fees that the	74381
change is to take effect on the first day of January immediately	74382
following the issuance of the notice and of the amount of the fees	74383
or amended fees levied under divisions (B)(1) to (3) of this	74384
section pursuant to the district's initial or amended plan as so	74385
approved or, if appropriate, the repeal of the district's fees by	74386
that initial or amended plan. Collection of any fees set forth in	74387
such a plan or amended plan shall commence on the first day of	74388
January immediately following the issuance of the notice. If such	74389
an initial or amended plan repeals a schedule of fees, collection	74390
of the fees shall cease on that first day of January.	74391

If, in the case of a change in district composition involving	74392
the withdrawal of a county from a joint district, the director	74393
completes the actions required under division (G)(1) or (3) of	74394
section 3734.521 of the Revised Code, as appropriate, less than	74395
forty-five days before the beginning of a calendar year, the	74396
director, on behalf of each of the districts resulting from the	74397
change that obtained the director's approval of an initial or	74398
amended plan in connection with the change proceedings, shall	74399
notify by certified mail the owner or operator of each solid waste	74400
disposal facility that is required to collect the district's fees	74401
that the change is to take effect on the first day of January	74402
immediately following the mailing of the notice and of the amount	74403
of the fees or amended fees levied under divisions (B)(1) to (3)	74404
of this section pursuant to the district's initial or amended plan	74405
as so approved or, if appropriate, the repeal of the district's	74406
fees by that initial or amended plan. Collection of any fees set	74407
forth in such a plan or amended plan shall commence on the first	74408
day of the second month following the month in which notification	74409
is sent to the owner or operator. If such an initial or amended	74410
plan repeals a schedule of fees, collection of the fees shall	74411
cease on the first day of the second month following the month in	74412
which notification is sent to the owner or operator.	74413

If the schedule of fees that a solid waste management	74414
district is levying under divisions (B)(1) to (3) of this section	74415
is amended or repealed, the fees in effect immediately prior to	74416
the amendment or repeal shall continue to be collected until	74417
collection of the amended fees commences or collection of the	74418
repealed fees ceases, as applicable, as specified in this	74419
division. In the case of a change in district composition, money	74420
so received from the collection of the fees of the former	74421
districts shall be divided among the resulting districts in	74422
accordance with division (B) of section 343.012 of the Revised	74423
Code and the agreements entered into under division (B) of section	74424
343.01 of the Revised Code to establish the former and resulting	74425
districts and any amendments to those agreements.	74426

For the purposes of the provisions of division (B) of this	74427
section establishing the times when newly established or amended	74428
fees levied by a district are required to commence and the	74429
collection of fees that have been amended or repealed is required	74430
to cease, "fees" or "schedule of fees" includes, in addition to	74431
fees levied under divisions (B)(1) to (3) of this section, those	74432
levied under section 3734.573 or 3734.574 of the Revised Code.	74433

(C) For the purposes of defraying the added costs to a	74434
municipal corporation or township of maintaining roads and other	74435
public facilities and of providing emergency and other public	74436
services, and compensating a municipal corporation or township for	74437
reductions in real property tax revenues due to reductions in real	74438
property valuations resulting from the location and operation of a	74439
solid waste disposal facility within the municipal corporation or	74440
township, a municipal corporation or township in which such a	74441
solid waste disposal facility is located may levy a fee of not	74442
more than twenty-five cents per ton on the disposal of solid	74443
wastes at a solid waste disposal facility located within the	74444
boundaries of the municipal corporation or township regardless of	74445
where the wastes were generated.	74446

The legislative authority of a municipal corporation or	74447
township may levy fees under this division by enacting an	74448
ordinance or adopting a resolution establishing the amount of the	74449
fees. Upon so doing the legislative authority shall mail a	74450
certified copy of the ordinance or resolution to the board of	74451
county commissioners or directors of the county or joint solid	74452
waste management district in which the municipal corporation or	74453
township is located or, if a regional solid waste management	74454
authority has been formed under section 343.011 of the Revised	74455
Code, to the board of trustees of that regional authority, the	74456
owner or operator of each solid waste disposal facility in the	74457
municipal corporation or township that is required to collect the	74458
fee by the ordinance or resolution, and the director of	74459
environmental protection. Although the fees levied under this	74460
division are levied on the basis of tons as the unit of	74461
measurement, the legislative authority, in its ordinance or	74462
resolution levying the fees under this division, may direct that	74463
the fees be levied on the basis of cubic yards as the unit of	74464
measurement based upon a conversion factor of three cubic yards	74465
per ton generally or one cubic yard per ton for baled wastes.	74466

Not later than five days after enacting an ordinance or	74467
adopting a resolution under this division, the legislative	74468
authority shall so notify by certified mail the owner or operator	74469
of each solid waste disposal facility that is required to collect	74470
the fee. Collection of any fee levied on or after March 24, 1992,	74471
shall commence on the first day of the second month following the	74472
month in which notification is sent to the owner or operator.	74473

(D)(1) The fees levied under divisions (A), (B), and (C) of	74474
this section do not apply to the disposal of solid wastes that:	74475

(a) Are disposed of at a facility owned by the generator of	74476
the wastes when the solid waste facility exclusively disposes of	74477
solid wastes generated at one or more premises owned by the	74478
generator regardless of whether the facility is located on a	74479
premises where the wastes are generated;	74480

(b) Are ~~disposed of at facilities that exclusively dispose of~~	74481
~~wastes that are~~ generated from the combustion of coal, or from the	74482
combustion of primarily coal in combination with scrap tires, ~~that~~	74483
~~is not combined in any way with garbage at one or more~~regardless	74484
of whether the disposal facility is located on the premises ~~owned~~	74485
~~by the generator~~where the wastes are generated.	74486

(2) Except as provided in section 3734.571 of the Revised	74487
Code, any fees levied under division (B)(1) of this section apply	74488
to solid wastes originating outside the boundaries of a county or	74489
joint district that are covered by an agreement for the joint use	74490
of solid waste facilities entered into under section 343.02 of the	74491
Revised Code by the board of county commissioners or board of	74492
directors of the county or joint district where the wastes are	74493
generated and disposed of.	74494

(3) When solid wastes, other than solid wastes that consist	74495
of scrap tires, are burned in a disposal facility that is an	74496
incinerator or energy recovery facility, the fees levied under	74497
divisions (A), (B), and (C) of this section shall be levied upon	74498
the disposal of the fly ash and bottom ash remaining after burning	74499
of the solid wastes and shall be collected by the owner or	74500
operator of the sanitary landfill where the ash is disposed of.	74501

(4) When solid wastes are delivered to a solid waste transfer	74502
facility, the fees levied under divisions (B) and (C) of this	74503
section shall be levied upon the disposal of solid wastes	74504
transported off the premises of the transfer facility for disposal	74505
and shall be collected by the owner or operator of the solid waste	74506
disposal facility where the wastes are disposed of.	74507

(5) The fees levied under divisions (A), (B), and (C) of this	74508
section do not apply to sewage sludge that is generated by a waste	74509
water treatment facility holding a national pollutant discharge	74510
elimination system permit and that is disposed of through	74511
incineration, land application, or composting or at another	74512
resource recovery or disposal facility that is not a landfill.	74513

(6) The fees levied under divisions (A), (B), and (C) of this	74514
section do not apply to solid wastes delivered to a solid waste	74515
composting facility for processing. When any unprocessed solid	74516
waste or compost product is transported off the premises of a	74517
composting facility and disposed of at a landfill, the fees levied	74518
under divisions (A), (B), and (C) of this section shall be	74519
collected by the owner or operator of the landfill where the	74520
unprocessed waste or compost product is disposed of.	74521

(7) When solid wastes that consist of scrap tires are	74522
processed at a scrap tire recovery facility, the fees levied under	74523
divisions (A), (B), and (C) of this section shall be levied upon	74524
the disposal of the fly ash and bottom ash or other solid wastes	74525
remaining after the processing of the scrap tires and shall be	74526
collected by the owner or operator of the solid waste disposal	74527
facility where the ash or other solid wastes are disposed of.	74528

(8) The director of environmental protection may issue an	74529
order exempting from the fees levied under this section solid	74530
wastes, including, but not limited to, scrap tires, that are	74531
generated, transferred, or disposed of as a result of a contract	74532
providing for the expenditure of public funds entered into by the	74533
administrator or regional administrator of the United States	74534
environmental protection agency, the director of environmental	74535
protection, or the director of administrative services on behalf	74536
of the director of environmental protection for the purpose of	74537
remediating conditions at a hazardous waste facility, solid waste	74538
facility, or other location at which the administrator or regional	74539
administrator or the director of environmental protection has	74540
reason to believe that there is a substantial threat to public	74541
health or safety or the environment or that the conditions are	74542
causing or contributing to air or water pollution or soil	74543
contamination. An order issued by the director of environmental	74544
protection under division (D)(8) of this section shall include a	74545
determination that the amount of the fees not received by a solid	74546
waste management district as a result of the order will not	74547
adversely impact the implementation and financing of the	74548
district's approved solid waste management plan and any approved	74549
amendments to the plan. Such an order is a final action of the	74550
director of environmental protection.	74551

(E) The fees levied under divisions (B) and (C) of this	74552
section shall be collected by the owner or operator of the solid	74553
waste disposal facility where the wastes are disposed of as a	74554
trustee for the county or joint district and municipal corporation	74555
or township where the wastes are disposed of. Moneys from the fees	74556
levied under division (B) of this section shall be forwarded to	74557
the board of county commissioners or board of directors of the	74558
district in accordance with rules adopted under division (H) of	74559
this section. Moneys from the fees levied under division (C) of	74560
this section shall be forwarded to the treasurer or such other	74561
officer of the municipal corporation as, by virtue of the charter,	74562
has the duties of the treasurer or to the fiscal officer of the	74563
township, as appropriate, in accordance with those rules.	74564

(F) Moneys received by the treasurer or other officer of the	74565
municipal corporation under division (E) of this section shall be	74566
paid into the general fund of the municipal corporation. Moneys	74567
received by the fiscal officer of the township under that division	74568
shall be paid into the general fund of the township. The treasurer	74569
or other officer of the municipal corporation or the township	74570
fiscal officer, as appropriate, shall maintain separate records of	74571
the moneys received from the fees levied under division (C) of	74572
this section.	74573

(G) Moneys received by the board of county commissioners or	74574
board of directors under division (E) of this section or section	74575
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	74576
shall be paid to the county treasurer, or other official acting in	74577
a similar capacity under a county charter, in a county district or	74578
to the county treasurer or other official designated by the board	74579
of directors in a joint district and kept in a separate and	74580
distinct fund to the credit of the district. If a regional solid	74581
waste management authority has been formed under section 343.011	74582
of the Revised Code, moneys received by the board of trustees of	74583
that regional authority under division (E) of this section shall	74584
be kept by the board in a separate and distinct fund to the credit	74585
of the district. Moneys in the special fund of the county or joint	74586
district arising from the fees levied under division (B) of this	74587
section and the fee levied under division (A) of section 3734.573	74588
of the Revised Code shall be expended by the board of county	74589
commissioners or directors of the district in accordance with the	74590
district's solid waste management plan or amended plan approved	74591
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	74592
exclusively for the following purposes:	74593

(1) Preparation of the solid waste management plan of the	74594
district under section 3734.54 of the Revised Code, monitoring	74595
implementation of the plan, and conducting the periodic review and	74596
amendment of the plan required by section 3734.56 of the Revised	74597
Code by the solid waste management policy committee;	74598

(2) Implementation of the approved solid waste management	74599
plan or amended plan of the district, including, without	74600
limitation, the development and implementation of solid waste	74601
recycling or reduction programs;	74602

(3) Providing financial assistance to boards of health within	74603
the district, if solid waste facilities are located within the	74604
district, for enforcement of this chapter and rules, orders, and	74605
terms and conditions of permits, licenses, and variances adopted	74606
or issued under it, other than the hazardous waste provisions of	74607
this chapter and rules adopted and orders and terms and conditions	74608
of permits issued under those provisions;	74609

(4) Providing financial assistance to each county within the	74610
district to defray the added costs of maintaining roads and other	74611
public facilities and of providing emergency and other public	74612
services resulting from the location and operation of a solid	74613
waste facility within the county under the district's approved	74614
solid waste management plan or amended plan;	74615

(5) Pursuant to contracts entered into with boards of health	74616
within the district, if solid waste facilities contained in the	74617
district's approved plan or amended plan are located within the	74618
district, for paying the costs incurred by those boards of health	74619
for collecting and analyzing samples from public or private water	74620
wells on lands adjacent to those facilities;	74621

(6) Developing and implementing a program for the inspection	74622
of solid wastes generated outside the boundaries of this state	74623
that are disposed of at solid waste facilities included in the	74624
district's approved solid waste management plan or amended plan;	74625

(7) Providing financial assistance to boards of health within	74626
the district for the enforcement of section 3734.03 of the Revised	74627
Code or to local law enforcement agencies having jurisdiction	74628
within the district for enforcing anti-littering laws and	74629
ordinances;	74630

(8) Providing financial assistance to boards of health of	74631
health districts within the district that are on the approved list	74632
under section 3734.08 of the Revised Code to defray the costs to	74633
the health districts for the participation of their employees	74634
responsible for enforcement of the solid waste provisions of this	74635
chapter and rules adopted and orders and terms and conditions of	74636
permits, licenses, and variances issued under those provisions in	74637
the training and certification program as required by rules	74638
adopted under division (L) of section 3734.02 of the Revised Code;	74639

(9) Providing financial assistance to individual municipal	74640
corporations and townships within the district to defray their	74641
added costs of maintaining roads and other public facilities and	74642
of providing emergency and other public services resulting from	74643
the location and operation within their boundaries of a	74644
composting, energy or resource recovery, incineration, or	74645
recycling facility that either is owned by the district or is	74646
furnishing solid waste management facility or recycling services	74647
to the district pursuant to a contract or agreement with the board	74648
of county commissioners or directors of the district;	74649

(10) Payment of any expenses that are agreed to, awarded, or	74650
ordered to be paid under section 3734.35 of the Revised Code and	74651
of any administrative costs incurred pursuant to that section. In	74652
the case of a joint solid waste management district, if the board	74653
of county commissioners of one of the counties in the district is	74654
negotiating on behalf of affected communities, as defined in that	74655
section, in that county, the board shall obtain the approval of	74656
the board of directors of the district in order to expend moneys	74657
for administrative costs incurred.	74658

Prior to the approval of the district's solid waste	74659
management plan under section 3734.55 of the Revised Code, moneys	74660
in the special fund of the district arising from the fees shall be	74661
expended for those purposes in the manner prescribed by the solid	74662
waste management policy committee by resolution.	74663

Notwithstanding division (G)(6) of this section as it existed	74664
prior to October 29, 1993, or any provision in a district's solid	74665
waste management plan prepared in accordance with division	74666
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	74667
prior to that date, any moneys arising from the fees levied under	74668
division (B)(3) of this section prior to January 1, 1994, may be	74669
expended for any of the purposes authorized in divisions (G)(1) to	74670
(10) of this section.	74671

(H) The director shall adopt rules in accordance with Chapter	74672
119. of the Revised Code prescribing procedures for collecting and	74673
forwarding the fees levied under divisions (B) and (C) of this	74674
section to the boards of county commissioners or directors of	74675
county or joint solid waste management districts and to the	74676
treasurers or other officers of municipal corporations and the	74677
fiscal officers of townships. The rules also shall prescribe the	74678
dates for forwarding the fees to the boards and officials and may	74679
prescribe any other requirements the director considers necessary	74680
or appropriate to implement and administer divisions (A), (B), and	74681
(C) of this section.	74682

Sec. 3734.577. Notwithstanding any section of the Revised	74683
Code to the contrary, no solid waste management district shall	74684
exempt a public sector commercial licensed hauler from a fee that	74685
is charged to private sector commercial licensed haulers by the	74686
solid waste management district.	74687

Sec. 3734.85. (A) On and after the effective date of the	74688
rules adopted under sections 3734.70, 3734.71, 3734.72, and	74689
3734.73 of the Revised Code, the director of environmental	74690
protection may take action under this section to abate	74691
accumulations of scrap tires. If the director determines that an	74692
accumulation of scrap tires constitutes a danger to the public	74693
health or safety or to the environment, the director shall issue	74694
an order under section 3734.13 of the Revised Code to the person	74695
responsible for the accumulation of scrap tires directing that	74696
person, within one hundred twenty days after the issuance of the	74697
order, to remove the accumulation of scrap tires from the premises	74698
on which it is located and transport the tires to a scrap tire	74699
storage, monocell, monofill, or recovery facility licensed under	74700
section 3734.81 of the Revised Code, to such a facility in another	74701
state operating in compliance with the laws of the state in which	74702
it is located, or to any other solid waste disposal facility in	74703
another state that is operating in compliance with the laws of	74704
that state. If the person responsible for causing the accumulation	74705
of scrap tires is a person different from the owner of the land on	74706
which the accumulation is located, the director may issue such an	74707
order to the landowner.	74708

If the director is unable to ascertain immediately the	74709
identity of the person responsible for causing the accumulation of	74710
scrap tires, the director shall examine the records of the	74711
applicable board of health and law enforcement agencies to	74712
ascertain that person's identity. Before initiating any	74713
enforcement or removal actions under this division against the	74714
owner of the land on which the accumulation is located, the	74715
director shall initiate any such actions against the person that	74716
the director has identified as responsible for causing the	74717
accumulation of scrap tires. Failure of the director to make	74718
diligent efforts to ascertain the identity of the person	74719
responsible for causing the accumulation of scrap tires or to	74720
initiate an action against the person responsible for causing the	74721
accumulation shall not constitute an affirmative defense by a	74722
landowner to an enforcement action initiated by the director under	74723
this division requiring immediate removal of any accumulation of	74724
scrap tires.	74725

Upon the written request of the recipient of an order issued	74726
under this division, the director may extend the time for	74727
compliance with the order if the request demonstrates that the	74728
recipient has acted in good faith to comply with the order. If the	74729
recipient of an order issued under this division fails to comply	74730
with the order within one hundred twenty days after the issuance	74731
of the order or, if the time for compliance with the order was so	74732
extended, within that time, the director shall take such actions	74733
as the director considers reasonable and necessary to remove and	74734
properly manage the scrap tires located on the land named in the	74735
order. The director, through employees of the environmental	74736
protection agency or a contractor, may enter upon the land on	74737
which the accumulation of scrap tires is located and remove and	74738
transport them to a scrap tire recovery facility for processing,	74739
to a scrap tire storage facility for storage, or to a scrap tire	74740
monocell or monofill facility for storage or disposal.	74741

The director shall enter into contracts ~~with the owners or~~	74742
~~operators of scrap tire storage, monocell, monofill, or recovery~~	74743
~~facilities~~ for the storage, disposal, or processing of scrap tires	74744
removed through removal operations conducted under this section.	74745
~~In doing so, the director shall give preference to scrap tire~~	74746
~~recovery facilities.~~	74747

If a person to whom a removal order is issued under this	74748
division fails to comply with the order and if the director	74749
performs a removal action under this section, the person to whom	74750
the removal order is issued is liable to the director for the	74751
costs incurred by the director for conducting the removal	74752
operation, storage at a scrap tire storage facility, storage or	74753
disposal at a scrap tire monocell or monofill facility, or	74754
processing of the scrap tires so removed, the transportation of	74755
the scrap tires from the site of the accumulation to the scrap	74756
tire storage, monocell, monofill, or recovery facility where the	74757
scrap tires were stored, disposed of, or processed, and the	74758
administrative and legal expenses incurred by the director in	74759
connection with the removal operation. The director shall keep an	74760
itemized record of those costs. Upon completion of the actions for	74761
which the costs were incurred, the director shall record the costs	74762
at the office of the county recorder of the county in which the	74763
accumulation of scrap tires was located. The costs so recorded	74764
constitute a lien on the property on which the accumulation of	74765
scrap tires was located until discharged. Upon the written request	74766
of the director, the attorney general shall bring a civil action	74767
against the person responsible for the accumulation of the scrap	74768
tires that were the subject of the removal operation to recover	74769
the costs for which the person is liable under this division. Any	74770
money so received or recovered shall be credited to the scrap tire	74771
management fund created in section 3734.82 of the Revised Code.	74772

If, in a civil action brought under this division, an owner	74773
of real property is ordered to pay to the director the costs of a	74774
removal action that removed an accumulation of scrap tires from	74775
the person's land or if a lien is placed on the person's land for	74776
the costs of such a removal action, and, in either case, if the	74777
landowner was not the person responsible for causing the	74778
accumulation of scrap tires so removed, the landowner may bring a	74779
civil action against the person who was responsible for causing	74780
the accumulation to recover the amount of the removal costs that	74781
the court ordered the landowner to pay to the director or the	74782
amount of the removal costs certified to the county recorder as a	74783
lien on the landowner's property, whichever is applicable. If the	74784
landowner prevails in the civil action against the person who was	74785
responsible for causing the accumulation of scrap tires, the	74786
court, as it considers appropriate, may award to the landowner the	74787
reasonable attorney's fees incurred by the landowner for bringing	74788
the action, court costs, and other reasonable expenses incurred by	74789
the landowner in connection with the civil action. A landowner	74790
shall bring such a civil action within two years after making the	74791
final payment of the removal costs to the director pursuant to the	74792
judgment rendered against the landowner in the civil action	74793
brought under this division upon the director's request or within	74794
two years after the director certified the costs of the removal	74795
action to the county recorder, as appropriate. A person who, at	74796
the time that a removal action was conducted under this division,	74797
owned the land on which the removal action was performed may bring	74798
an action under this division to recover the costs of the removal	74799
action from the person responsible for causing the accumulation of	74800
scrap tires so removed regardless of whether the person owns the	74801
land at the time of bringing the action.	74802

Subject to the limitations set forth in division (G) of	74803
section 3734.82 of the Revised Code, the director may use moneys	74804
in the scrap tire management fund for conducting removal actions	74805
under this division. Any moneys recovered under this division	74806
shall be credited to the scrap tire management fund.	74807

(B) The director shall initiate enforcement and removal	74808
actions under division (A) of this section in accordance with the	74809
following descending listing of priorities:	74810

(1) Accumulations of scrap tires that the director finds	74811
constitute a fire hazard or threat to public health;	74812

(2) Accumulations of scrap tires determined by the director	74813
to contain more than one million scrap tires;	74814

(3) Accumulations of scrap tires in densely populated areas;

74815

(4) Other accumulations of scrap tires that the director or	74816
board of health of the health district in which the accumulation	74817
is located determines constitute a public nuisance;	74818

(5) Any other accumulations of scrap tires present on	74819
premises operating without a valid license issued under section	74820
3734.05 or 3734.81 of the Revised Code.	74821

(C) The director shall not take enforcement and removal	74822
actions under division (A) of this section against the owner or	74823
operator of, or the owner of the land on which is located, any of	74824
the following:	74825

(1) A premises where not more than one hundred scrap tires	74826
are present at any time;	74827

(2) The premises of a business engaging in the sale of tires	74828
at retail that meets either of the following criteria:	74829

(a) Not more than one thousand scrap tires are present on the	74830
premises at any time in an unsecured, uncovered outdoor location.	74831

(b) Any number of scrap tires are secured in a building or a	74832
covered, enclosed container, trailer, or installation.	74833

(3) The premises of a tire retreading business, a tire	74834
manufacturing finishing center, or a tire adjustment center on	74835
which is located a single, covered scrap tire storage area where	74836
not more than four thousand scrap tires are stored;	74837

(4) The premises of a business that removes tires from motor	74838
vehicles in the ordinary course of business and on which is	74839
located a single scrap tire storage area that occupies not more	74840
than twenty-five hundred square feet;	74841

(5) A solid waste facility licensed under section 3734.05 of	74842
the Revised Code that stores scrap tires on the surface of the	74843
ground if the total land area on which scrap tires are actually	74844
stored does not exceed ten thousand square feet;	74845

(6) A premises where not more than two hundred fifty scrap	74846
tires are stored or kept for agricultural use;	74847

(7) A construction site where scrap tires are stored for use	74848
or used in road resurfacing or the construction of embankments;	74849

(8) A scrap tire collection, storage, monocell, monofill, or	74850
recovery facility licensed under section 3734.81 of the Revised	74851
Code;	74852

(9) A solid waste incineration or energy recovery facility	74853
that is subject to regulation under this chapter and that burns	74854
scrap tires;	74855

(10) A premises where scrap tires are beneficially used and	74856
for which the notice required by rules adopted under section	74857
3734.84 of the Revised Code has been given;	74858

(11) A transporter registered under section 3734.83 of the	74859
Revised Code that collects and holds scrap tires in a covered	74860
trailer or vehicle for not longer than thirty days prior to	74861
transporting them to their final destination.	74862

(D) Nothing in this section restricts any right any person	74863
may have under statute or common law to enforce or seek	74864
enforcement of any law applicable to the management of scrap	74865
tires, abate a nuisance, or seek any other appropriate relief.	74866

(E) An owner of real property upon which there is located an	74867
accumulation of not more than two thousand scrap tires is not	74868
liable under division (A) of this section for the cost of the	74869
removal of the scrap tires, and no lien shall attach to the	74870
property under this section, if all of the following conditions	74871
are met:	74872

(1) The tires were placed on the property after the owner	74873
acquired title to the property, or the tires were placed on the	74874
property before the owner acquired title to the property and the	74875
owner acquired title to the property by bequest or devise.	74876

(2) The owner of the property did not have knowledge that the	74877
tires were being placed on the property, or the owner posted on	74878
the property signs prohibiting dumping or took other action to	74879
prevent the placing of tires on the property.	74880

(3) The owner of the property did not participate in or	74881
consent to the placing of the tires on the property.	74882

(4) The owner of the property received no financial benefit	74883
from the placing of the tires on the property or otherwise having	74884
the tires on the property.	74885

(5) Title to the property was not transferred to the owner	74886
for the purpose of evading liability under division (A) of this	74887
section.	74888

(6) The person responsible for placing the tires on the	74889
property, in doing so, was not acting as an agent for the owner of	74890
the property.	74891

Sec. 3734.901. (A)(1) For the purpose of providing revenue	74892
to defray the cost of administering and enforcing the scrap tire	74893
provisions of this chapter, rules adopted under those provisions,	74894
and terms and conditions of orders, variances, and licenses issued	74895
under those provisions; to abate accumulations of scrap tires; to	74896
make grants supporting market development activities for scrap	74897
tires and synthetic rubber from tire manufacturing processes and	74898
tire recycling processes and to support scrap tire amnesty and	74899
cleanup events; to make loans to promote the recycling or recovery	74900
of energy from scrap tires; and to defray the costs of	74901
administering and enforcing sections 3734.90 to 3734.9014 of the	74902
Revised Code, a fee of fifty cents per tire is hereby levied on	74903
the sale of tires. The proceeds of the fee shall be deposited in	74904
the state treasury to the credit of the scrap tire management fund	74905
created in section 3734.82 of the Revised Code. The fee is levied	74906
from the first day of the calendar month that begins next after	74907
thirty days from October 29, 1993, through June 30, ~~2011~~2013.	74908

(2) Beginning on ~~September 5, 2001~~July 1, 2011, and ending	74909
on June 30, ~~2011~~2013, there is hereby levied an additional fee	74910
of fifty cents per tire on the sale of tires the proceeds of which	74911
shall be deposited in the state treasury to the credit of the	74912
~~scrap tire management fund and be used exclusively for the~~	74913
~~purposes specified in division (G)(3) of that section until July~~	74914
~~1, 2010, whereupon the proceeds shall be deposited in the state~~	74915
~~treasury to the credit of the~~ soil and water conservation district	74916
assistance fund created in section 1515.14 of the Revised Code.	74917

(B) Only one sale of the same article shall be used in	74918
computing the amount of the fee due.	74919

Sec. 3735.36. When a metropolitan housing authority has	74920
acquired the property necessary for any project, it shall proceed	74921
to make plans and specifications for carrying out such project,	74922
and shall advertise for bids for all work ~~which~~that it desires to	74923
have done by contract, such advertisements to be published as	74924
provided in section 7.16 of the Revised Code or once a week for	74925
two consecutive weeks in a newspaper of general circulation in the	74926
political subdivision in which the project is to be developed. The	74927
contract shall be awarded to the lowest and best bidder.	74928

Sec. 3735.66. The legislative authorities of municipal	74929
corporations and counties may survey the housing within their	74930
jurisdictions and, after the survey, may adopt resolutions	74931
describing the boundaries of community reinvestment areas which	74932
contain the conditions required for the finding under division (B)	74933
of section 3735.65 of the Revised Code. The findings resulting	74934
from the survey shall be incorporated in the resolution describing	74935
the boundaries of an area. The legislative authority may stipulate	74936
in the resolution that only new structures or remodeling	74937
classified as to use as commercial, industrial, or residential, or	74938
some combination thereof, and otherwise satisfying the	74939
requirements of section 3735.67 of the Revised Code are eligible	74940
for exemption from taxation under that section. If the resolution	74941
does not include such a stipulation, all new structures and	74942
remodeling satisfying the requirements of section 3735.67 of the	74943
Revised Code are eligible for exemption from taxation regardless	74944
of classification. Whether or not the resolution includes such a	74945
stipulation, the classification of the structures or remodeling	74946
eligible for exemption in the area shall at all times be	74947
consistent with zoning restrictions applicable to the area. For	74948
the purposes of sections 3735.65 to 3735.70 of the Revised Code,	74949
whether a structure or remodeling composed of multiple units is	74950
classified as commercial or residential shall be determined by	74951
resolution or ordinance of the legislative authority or, in the	74952
absence of such a determination, by the classification of the use	74953
of the structure or remodeling under the applicable zoning	74954
regulations.	74955

If construction or remodeling classified as residential is	74956
eligible for exemption from taxation, the resolution shall specify	74957
a percentage, not to exceed one hundred per cent, of the assessed	74958
valuation of such property to be exempted. The percentage	74959
specified shall apply to all residential construction or	74960
remodeling for which exemption is granted.	74961

The resolution adopted pursuant to this section shall be	74962
published in a newspaper of general circulation in the municipal	74963
corporation, if the resolution is adopted by the legislative	74964
authority of a municipal corporation, or in a newspaper of general	74965
circulation in the county, if the resolution is adopted by the	74966
legislative authority of the county, once a week for two	74967
consecutive weeks or as provided in section 7.16 of the Revised	74968
Code, immediately following its adoption.	74969

Each legislative authority adopting a resolution pursuant to	74970
this section shall designate a housing officer. In addition, each	74971
such legislative authority, not later than fifteen days after the	74972
adoption of the resolution, shall petition the director of	74973
development for the director to confirm the findings described in	74974
the resolution. The petition shall be accompanied by a copy of the	74975
resolution and by a map of the community reinvestment area in	74976
sufficient detail to denote the specific boundaries of the area	74977
and to indicate zoning restrictions applicable to the area. The	74978
director shall determine whether the findings contained in the	74979
resolution are valid, and whether the classification of structures	74980
or remodeling eligible for exemption under the resolution is	74981
consistent with zoning restrictions applicable to the area as	74982
indicated on the map. Within thirty days of receiving the	74983
petition, the director shall forward the director's determination	74984
to the legislative authority. The legislative authority or housing	74985
officer shall not grant any exemption from taxation under section	74986
3735.67 of the Revised Code until the director forwards the	74987
director's determination to the legislative authority. The	74988
director shall assign to each community reinvestment area a unique	74989
designation by which the area shall be identified for purposes of	74990
sections 3735.65 to 3735.70 of the Revised Code.	74991

If zoning restrictions in any part of a community	74992
reinvestment area are changed at any time after the legislative	74993
authority petitions the director under this section, the	74994
legislative authority shall notify the director and shall submit a	74995
map of the area indicating the new zoning restrictions in the	74996
area.	74997

Sec. 3737.73. (A) No principal or person in charge of a	74998
public or private school or educational institution having an	74999
average daily attendance of twenty or more pupils, and no person	75000
in charge of any children's home or orphanage housing twenty or	75001
more minor persons, shall willfully neglect to instruct and train	75002
such children by means of drills or rapid dismissals, so that such	75003
children in a sudden emergency may leave the building in the	75004
shortest possible time without confusion. The principal or person	75005
in charge of a school or educational institution shall conduct	75006
drills or rapid dismissals at least nine times during the school	75007
year, which shall be at the times and frequency prescribed in	75008
rules adopted by the fire marshal. However, no drill or rapid	75009
dismissal under this division need be conducted in any month that	75010
a school safety drill required under division (D) of this section	75011
is conducted as long as a total of nine drills or rapid dismissals	75012
under this division are conducted in the school year. The	75013
principal or person in charge of a children's home or orphanage	75014
shall conduct drills or rapid dismissals at least once each month	75015
while the home is in operation. In the case of schools, no	75016
principal or person in charge of a school shall willfully neglect	75017
to keep the doors and exits of such building unlocked during	75018
school hours. The fire marshal may order the immediate	75019
installation of necessary fire gongs or signals in such schools,	75020
institutions, or children's homes and enforce this division and	75021
divisions (B) and (C)(3) of this section.	75022

(B) In conjunction with the drills or rapid dismissals	75023
required by division (A) of this section, principals or persons in	75024
charge of public or private primary and secondary schools, or	75025
educational institutions, shall instruct pupils in safety	75026
precautions to be taken in case of a tornado alert or warning.	75027
Such principals or persons in charge of such schools or	75028
institutions shall designate, in accordance with standards	75029
prescribed by the fire marshal, appropriate locations to be used	75030
to shelter pupils in case of a tornado, tornado alert, or warning.	75031

(C)(1) The fire marshal or the fire marshal's designee shall	75032
annually inspect each school, institution, home, or orphanage	75033
subject to division (A) of this section to determine compliance	75034
with that division, and each school or institution subject to	75035
division (B) of this section to ascertain whether the locations	75036
comply with the standards prescribed under that division. Nothing	75037
in this section shall require a school or institution to construct	75038
or improve a facility or location for use as a shelter area.	75039

(2) The fire marshal or the fire marshal's designee shall	75040
issue a warning to any person found in violation of division (A)	75041
or (B) of this section. The warning shall indicate the specific	75042
violation and a date by which such violation shall be corrected.	75043

(3) No person shall fail to correct violations by the date	75044
indicated on a warning issued under division (C)(2) of this	75045
section.	75046

(D)(1) On or before April 1, 2007, and on or before each	75047
first day of December thereafter, the principal or person in	75048
charge of each public or private school or educational institution	75049
shall conduct a school safety drill to provide pupils with	75050
instruction in the procedures to follow in situations where pupils	75051
must be secured in the school building, such as a threat to the	75052
school involving an act of terrorism; a person possessing a deadly	75053
weapon or dangerous ordnance, as defined in section 2923.11 of the	75054
Revised Code, on school property; or other act of violence.	75055

(2)(a) The principal or person in charge of each public or	75056
private school or educational institution shall provide to the	75057
police chief or other similar chief law enforcement officer of the	75058
municipal corporation, township, or township or joint police	75059
district in which the school or institution is located, or, in	75060
absence of any such person, the county sheriff of the county in	75061
which the school or institution is located advance written notice	75062
of each school safety drill required under division (D)(1) of this	75063
section and shall keep a written record of the date and time of	75064
each drill conducted. The advance notice shall be provided not	75065
later than seventy-two hours prior to the date the drill will be	75066
conducted and shall include the date and time the drill will be	75067
conducted and the address of the school or educational	75068
institution. The notice shall be provided by mail, facsimile, or	75069
electronic submission.	75070

(b) Not later than April 5, 2007, and not later than the	75071
fifth day of December each year thereafter, the principal or	75072
person in charge of each public or private school or educational	75073
institution shall provide written certification by mail of the	75074
date and time each school safety drill required under division	75075
(D)(1) of this section was conducted to the police chief or other	75076
similar chief law enforcement officer of the municipal	75077
corporation, township, or township or joint police district in	75078
which the school or institution is located, or, in the absence of	75079
any such person, the county sheriff of the county in which the	75080
school or institution is located. If such certification is not	75081
provided, the principal or person in charge of the school or	75082
institution shall be considered to have failed to conduct the	75083
drill and shall be subject to division (D)(4) of this section.	75084

(3) The principal or person in charge of each public or	75085
private school or educational institution shall hold annual	75086
training sessions for employees of the school or institution	75087
regarding the conduct of school safety drills.	75088

(4) The police chief or other similar chief law enforcement	75089
officer of a municipal corporation, township, or township or joint	75090
police district, or, in the absence of any such person, the county	75091
sheriff shall issue a warning to any person found in violation of	75092
division (D)(1) of this section. Each warning issued for a	75093
violation of division (D)(1) of this section shall require the	75094
principal or person in charge of the school or institution to	75095
correct the violation by conducting the school safety drill not	75096
later than the thirtieth day after the date the warning is issued.	75097
The violation shall not be considered corrected unless, not later	75098
than forty days after the date the warning is issued, the	75099
principal or person in charge of the school or institution	75100
provides written certification of the date and time the drill was	75101
conducted to the police chief or other similar chief law	75102
enforcement officer or county sheriff who issued the warning.	75103

(5) No person shall fail to correct violations by the date	75104
indicated on a warning issued under division (D)(4) of this	75105
section.	75106

Sec. 3737.83. The fire marshal shall, as part of the state	75107
fire code, adopt rules to:	75108

(A) Establish minimum standards of performance for fire	75109
protection equipment and fire fighting equipment;	75110

(B) Establish minimum standards of training, fix minimum	75111
qualifications, and require certificates for all persons who	75112
engage in the business for profit of installing, testing,	75113
repairing, or maintaining fire protection equipment;	75114

(C) Provide for the issuance of certificates required under	75115
division (B) of this section and establish the fees to be charged	75116
for such certificates. A certificate shall be granted, renewed, or	75117
revoked according to rules the fire marshal shall adopt.	75118

(D) Establish minimum standards of flammability for consumer	75119
goods in any case where the federal government or any department	75120
or agency thereof has established, or may from time to time	75121
establish standards of flammability for consumer goods. The	75122
standards established by the fire marshal shall be identical to	75123
the minimum federal standards.	75124

In any case where the federal government or any department or	75125
agency thereof, establishes standards of flammability for consumer	75126
goods subsequent to the adoption of a flammability standard by the	75127
fire marshal, standards previously adopted by the fire marshal	75128
shall not continue in effect to the extent such standards are not	75129
identical to the minimum federal standards.	75130

With respect to the adoption of minimum standards of	75131
flammability, this division shall supersede any authority granted	75132
a political subdivision by any other section of the Revised Code.	75133

(E) Establish minimum standards pursuant to section 5104.05	75134
of the Revised Code for fire prevention and fire safety in child	75135
day-care centers and in type A family day-care homes, as defined	75136
in section 5104.01 of the Revised Code.	75137

(F) Establish minimum standards for fire prevention and	75138
safety an adult group home seeking licensure as an adult care	75139
facility must meet under section ~~3722.02~~5119.71 of the Revised	75140
Code. The fire marshal shall adopt the rules under this division	75141
in consultation with the directors of mental health and aging and	75142
interested parties designated by the directors of mental health	75143
and aging.	75144

Sec. 3737.841. As used in this section and section 3737.842	75145
of the Revised Code:	75146

(A) "Public occupancy" means all of the following:

75147

(1) Any state correctional institution as defined in section	75148
2967.01 of the Revised Code and any county, multicounty,	75149
municipal, or municipal-county jail or workhouse;	75150

(2) Any hospital as defined in section 3727.01 of the Revised	75151
Code, any hospital licensed by the department of mental health	75152
under section 5119.20 of the Revised Code, and any institution,	75153
hospital, or other place established, controlled, or supervised by	75154
the department of mental health under Chapter 5119. of the Revised	75155
Code;	75156

(3) Any nursing home, residential care facility, or home for	75157
the aging as defined in section 3721.01 of the Revised Code and	75158
any adult care facility as defined in section ~~3722.01~~5119.70 of	75159
the Revised Code;	75160

(4) Any child day-care center and any type A family day-care	75161
home as defined in section 5104.01 of the Revised Code;	75162

(5) Any public auditorium or stadium;

75163

(6) Public assembly areas of hotels and motels containing	75164
more than ten articles of seating furniture.	75165

(B) "Sell" includes sell, offer or expose for sale, barter,	75166
trade, deliver, give away, rent, consign, lease, possess for sale,	75167
or dispose of in any other commercial manner.	75168

(C) Except as provided in division (D) of this section,	75169
"seating furniture" means any article of furniture, including	75170
children's furniture, that can be used as a support for an	75171
individual, or ~~his~~an individual's limbs or feet, when sitting or	75172
resting in an upright or reclining position and that either:	75173

(1) Is made with loose or attached cushions or pillows;

75174

(2) Is stuffed or filled in whole or in part with any filling	75175
material;	75176

(3) Is or can be stuffed or filled in whole or in part with	75177
any substance or material, concealed by fabric or any other	75178
covering.	75179

"Seating furniture" includes the cushions or pillows	75180
belonging to or forming a part of the furniture, the structural	75181
unit, and the filling material and its container or covering.	75182

(D) "Seating furniture" does not include, except if intended	75183
for use by children or in facilities designed for the care or	75184
treatment of humans, any of the following:	75185

(1) Cushions or pads intended solely for outdoor use;

75186

(2) Any article with a smooth surface that contains no more	75187
than one-half inch of filling material, if that article does not	75188
have an upholstered horizontal surface meeting an upholstered	75189
vertical surface;	75190

(3) Any article manufactured solely for recreational use or	75191
physical fitness purposes, including weight-lifting benches,	75192
gymnasium mats or pads, and sidehorses.	75193

(E) "Filling material" means cotton, wool, kapok, feathers,	75194
down, hair, liquid, or any other natural or ~~manmade~~artificial	75195
material or substance that is used or can be used as stuffing in	75196
seating furniture.	75197

Sec. 3737.87. As used in sections 3737.87 to 3737.98 of the	75198
Revised Code:	75199

(A) "Accidental release" means any sudden or nonsudden	75200
release of petroleum that was neither expected nor intended by the	75201
owner or operator of the applicable underground storage tank	75202
system and that results in the need for corrective action or	75203
compensation for bodily injury or property damage.	75204

(B) "Corrective action" means any action necessary to protect	75205
human health and the environment in the event of a release of	75206
petroleum into the environment, including, without limitation, any	75207
action necessary to monitor, assess, and evaluate the release. In	75208
the instance of a suspected release, ~~the term~~"corrective action"	75209
includes, without limitation, an investigation to confirm or	75210
disprove the occurrence of the release. In the instance of a	75211
confirmed release, ~~the term~~"corrective action" includes, without	75212
limitation, the initial corrective action taken under section	75213
3737.88 or 3737.882 of the Revised Code and rules adopted or	75214
orders issued under those sections and any action taken consistent	75215
with a remedial action to clean up contaminated ground water,	75216
surface water, soils, and subsurface material and to address the	75217
residual effects of a release after the initial corrective action	75218
is taken.	75219

(C) "Eligible lending institution" means a financial	75220
institution that is eligible to make commercial loans, is a public	75221
depository of state funds under section 135.03 of the Revised	75222
Code, and agrees to participate in the petroleum underground	75223
storage tank linked deposit program provided for in sections	75224
3737.95 to 3737.98 of the Revised Code.	75225

(D) "Eligible owner" means any person that owns six or fewer	75226
petroleum underground storage tanks comprising a petroleum	75227
underground storage tank or underground storage tank system.	75228

(E) "Installer" means a person who supervises the	75229
installation of, performance of major repairs on site to,	75230
abandonment of, or removal of underground storage tank systems.	75231

(F) "Major repair" means the restoration of a tank or an	75232
underground storage tank system component that has caused a	75233
release of a product from the underground storage tank system, the	75234
upgrading of a tank or an underground storage tank system	75235
component, or the modification of a tank or an underground storage	75236
tank system component. "Major repair" does not include routine	75237
maintenance for normal operational upkeep to prevent an	75238
underground storage tank system from releasing a product.	75239

(G) "Operator" means the person in daily control of, or	75240
having responsibility for the daily operation of, an underground	75241
storage tank system.	75242

(H) "Owner" means:

75243

(1) In the instance of an underground storage tank system in	75244
use on November 8, 1984, or brought into use after that date, the	75245
person who owns the underground storage tank system;	75246

(2) In the instance of an underground storage tank system in	75247
use before November 8, 1984, that was no longer in use on that	75248
date, the person who owned the underground storage tank system	75249
immediately before the discontinuation of its use.	75250

~~The term~~"Owner" includes any person who holds, or, in the	75251
instance of an underground storage tank system in use before	75252
November 8, 1984, but no longer in use on that date, any person	75253
who held immediately before the discontinuation of its use, a	75254
legal, equitable, or possessory interest of any kind in an	75255
underground storage tank system or in the property on which the	75256
underground storage tank system is located, including, without	75257
limitation, a trust, vendor, vendee, lessor, or lessee. ~~The term~~	75258
"Owner" does not include any person who, without participating in	75259
the management of an underground storage tank system and without	75260
otherwise being engaged in petroleum production, refining, or	75261
marketing, holds indicia of ownership in an underground storage	75262
tank system primarily to protect the person's security interest in	75263
it.	75264

(I) "Person," in addition to the meaning in section 3737.01	75265
of the Revised Code, means the United States and any department,	75266
agency, or instrumentality thereof.	75267

(J) "Petroleum" means petroleum, including crude oil or any	75268
fraction thereof, that is a liquid at the temperature of sixty	75269
degrees Fahrenheit and the pressure of fourteen and seven-tenths	75270
pounds per square inch absolute. ~~The term~~"Petroleum" includes,	75271
without limitation, motor fuels, jet fuels, distillate fuel oils,	75272
residual fuel oils, lubricants, petroleum solvents, and used oils.	75273

(K) "Petroleum underground storage tank linked deposit" means	75274
a certificate of deposit placed by the treasurer of state with an	75275
eligible lending institution pursuant to sections 3737.95 to	75276
3737.98 of the Revised Code.	75277

(L) "Regulated substance" means petroleum or any substance	75278
identified or listed as a hazardous substance in rules adopted	75279
under division (D) of section 3737.88 of the Revised Code.	75280

(M) "Release" means any spilling, leaking, emitting,	75281
discharging, escaping, leaching, or disposing of from an	75282
underground storage tank system into ground or surface water or	75283
subsurface soils or otherwise into the environment.	75284

(N) Notwithstanding division (F) of section 3737.01 of the	75285
Revised Code, "responsible person" means the person who is the	75286
owner or operator of an underground storage tank system.	75287

(O) "Tank" means a stationary device designed to contain an	75288
accumulation of regulated substances that is constructed of	75289
~~manmade~~manufactured materials.	75290

(P) "Underground storage tank" means one or any combination	75291
of tanks, including the underground pipes connected thereto, that	75292
are used to contain an accumulation of regulated substances the	75293
volume of which, including the volume of the underground pipes	75294
connected thereto, is ten per cent or more beneath the surface of	75295
the ground.	75296

~~The term~~"Underground storage tank" does not include any of	75297
the following or any pipes connected to any of the following:	75298

(1) Pipeline facilities, including gathering lines, regulated	75299
under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720,	75300
49 U.S.C.A. 1671, as amended, or the "Hazardous Liquid Pipeline	75301
Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.A. 2001, as amended;	75302

(2) Farm or residential tanks of one thousand one hundred	75303
gallons or less capacity used for storing motor fuel for	75304
noncommercial purposes;	75305

(3) Tanks used for storing heating fuel for consumptive use	75306
on the premises where stored;	75307

(4) Surface impoundments, pits, ponds, or lagoons;

75308

(5) Storm or waste water collection systems;

75309

(6) Flow-through process tanks;

75310

(7) Storage tanks located in underground areas, including,	75311
without limitation, basements, cellars, mine workings, drifts,	75312
shafts, or tunnels, when the tanks are located on or above the	75313
surface of the floor;	75314

(8) Septic tanks;

75315

(9) Liquid traps or associated gathering lines directly	75316
related to oil or gas production and gathering operations.	75317

(Q) "Underground storage tank system" means an underground	75318
storage tank and the connected underground piping, underground	75319
ancillary equipment, and containment system, if any.	75320

(R) "Revenues" means all fees, premiums, and charges paid by	75321
owners and operators of petroleum underground storage tanks to the	75322
petroleum underground storage tank release compensation board	75323
created in section 3737.90 of the Revised Code; proceeds received	75324
by the board from any insurance, condemnation, or guaranty; the	75325
proceeds of petroleum underground storage tank revenue bonds; and	75326
the income and profits from the investment of any such revenues.	75327

(S) "Revenue bonds," unless the context indicates a different	75328
meaning or intent, means petroleum underground storage tank	75329
revenue bonds and petroleum underground storage tank revenue	75330
refunding bonds that are issued by the petroleum underground	75331
storage tank release compensation board pursuant to sections	75332
3737.90 to 3737.948 of the Revised Code.	75333

(T) "Class C release" means a release of petroleum occurring	75334
or identified from an underground storage tank system subject to	75335
sections 3737.87 to 3737.89 of the Revised Code for which the	75336
responsible person for the release is specifically determined by	75337
the fire marshal not to be a viable person capable of undertaking	75338
or completing the corrective actions required under those sections	75339
for the release. "Class C release" also includes any release	75340
designated as a "class C release" in accordance with rules adopted	75341
under section 3737.88 of the Revised Code.	75342

Sec. 3737.88. (A)(1) The fire marshal shall have	75343
responsibility for implementation of the underground storage tank	75344
program and corrective action program for releases of petroleum	75345
from underground ~~petroleum~~ storage tanks established by the	75346
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2795,	75347
42 U.S.C.A. 6901, as amended. To implement the ~~program~~programs,	75348
the fire marshal may adopt, amend, and rescind such rules, conduct	75349
such inspections, require annual registration of underground	75350
storage tanks, issue such citations and orders to enforce those	75351
rules, enter into environmental covenants in accordance with	75352
sections 5301.80 to 5301.92 of the Revised Code, and perform such	75353
other duties, as are consistent with those programs. The fire	75354
marshal, by rule, may delegate the authority to conduct	75355
inspections of underground storage tanks to certified fire safety	75356
inspectors.	75357

(2) In the place of any rules regarding release containment	75358
and release detection for underground storage tanks adopted under	75359
division (A)(1) of this section, the fire marshal, by rule, shall	75360
designate areas as being sensitive for the protection of human	75361
health and the environment and adopt alternative rules regarding	75362
release containment and release detection methods for new and	75363
upgraded underground storage tank systems located in those areas.	75364
In designating such areas, the fire marshal shall take into	75365
consideration such factors as soil conditions, hydrogeology, water	75366
use, and the location of public and private water supplies. Not	75367
later than July 11, 1990, the fire marshal shall file the rules	75368
required under this division with the secretary of state, director	75369
of the legislative service commission, and joint committee on	75370
agency rule review in accordance with divisions (B) and (H) of	75371
section 119.03 of the Revised Code.	75372

(3) Notwithstanding sections 3737.87 to 3737.89 of the	75373
Revised Code, a person who is not a responsible person may conduct	75374
a voluntary action in accordance with Chapter 3746. of the Revised	75375
Code and rules adopted under it for a class C release. The	75376
director of environmental protection, pursuant to section 3746.12	75377
of the Revised Code, may issue a covenant not to sue to any person	75378
who properly completes a voluntary action with respect to a class	75379
C release in accordance with Chapter 3746. of the Revised Code and	75380
rules adopted under it.	75381

(B) Before adopting any rule under this section or section	75382
3737.881 or 3737.882 of the Revised Code, the fire marshal shall	75383
file written notice of the proposed rule with the chairperson of	75384
the state fire commission, and, within sixty days after notice is	75385
filed, the commission may file responses to or comments on and may	75386
recommend alternative or supplementary rules to the fire marshal.	75387
At the end of the sixty-day period or upon the filing of	75388
responses, comments, or recommendations by the commission, the	75389
fire marshal may adopt the rule filed with the commission or any	75390
alternative or supplementary rule recommended by the commission.	75391

(C) The fire commission may recommend courses of action to be	75392
taken by the fire marshal in carrying out the fire marshal's	75393
duties under this section. The commission shall file its	75394
recommendations in the office of the fire marshal, and, within	75395
sixty days after the recommendations are filed, the fire marshal	75396
shall file with the chairperson of the commission comments on, and	75397
proposed action in response to, the recommendations.	75398

(D) For the purpose of sections 3737.87 to 3737.89 of the	75399
Revised Code, the fire marshal shall adopt, and may amend and	75400
rescind, rules identifying or listing hazardous substances. The	75401
rules shall be consistent with and equivalent in scope, coverage,	75402
and content to regulations identifying or listing hazardous	75403
substances adopted under the "Comprehensive Environmental	75404
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	75405
42 U.S.C.A. 9602, as amended, except that the fire marshal shall	75406
not identify or list as a hazardous substance any hazardous waste	75407
identified or listed in rules adopted under division (A) of	75408
section 3734.12 of the Revised Code.	75409

(E) ~~Notwithstanding any provision of the laws of this state~~	75410
~~to the contrary~~Except as provided in division (A)(3) of this	75411
section, the fire marshal ~~has~~shall have exclusive jurisdiction to	75412
regulate the storage, treatment, and disposal of petroleum	75413
contaminated soil generated from corrective actions undertaken in	75414
response to releases of petroleum from underground storage tank	75415
systems. The fire marshal may adopt, amend, or rescind such rules	75416
as the fire marshal considers to be necessary or appropriate to	75417
regulate the storage, treatment, or disposal of petroleum	75418
contaminated soil so generated.	75419

(F) The fire marshal shall adopt, amend, and rescind rules	75420
under sections 3737.88 to 3737.882 of the Revised Code in	75421
accordance with Chapter 119. of the Revised Code.	75422

Sec. 3743.06. In addition to conforming to the rules of the	75423
fire marshal adopted pursuant to section 3743.05 of the Revised	75424
Code, licensed manufacturers of fireworks shall operate their	75425
fireworks plants in accordance with the following:	75426

(A) Signs indicating that smoking is generally forbidden and	75427
trespassing is prohibited on the premises of a fireworks plant	75428
shall be posted on the premises in a manner determined by the fire	75429
marshal.	75430

(B) Reasonable precautions shall be taken to protect the	75431
premises of a fireworks plant from trespass, loss, theft, or	75432
destruction. Only persons employed by the manufacturer, authorized	75433
governmental personnel, and persons who have obtained permission	75434
from a member of the manufacturer's office to be on the premises,	75435
are to be allowed to enter and remain on the premises.	75436

(C) Smoking or the carrying of pipes, cigarettes, or cigars,	75437
matches, lighters, other flame-producing items, or open flame on,	75438
or the carrying of a concealed source of ignition into, the	75439
premises of a fireworks plant is prohibited, except that a	75440
manufacturer may permit smoking in specified lunchrooms or	75441
restrooms in buildings or other structures in which no	75442
manufacturing, handling, sales, or storage of fireworks takes	75443
place. "NO SMOKING" signs shall be posted on the premises as	75444
required by the fire marshal.	75445

(D) Fire and explosion prevention and other reasonable safety	75446
measures and precautions shall be implemented by a manufacturer.	75447

(E) Persons shall not be permitted to have in their	75448
possession or under their control, while they are on the premises	75449
of the fireworks plant, any intoxicating liquor, beer, or	75450
controlled substance, and they shall not be permitted to enter or	75451
remain on the premises if they are found to be under the influence	75452
of any intoxicating liquor, beer, or controlled substance.	75453

(F) A manufacturer shall conform to all building, safety, and	75454
zoning statutes, ordinances, rules, or other enactments that apply	75455
to the premises of its fireworks plant.	75456

(G) Each fireworks plant shall have at least one class 1	75457
magazine that is approved by the bureau of alcohol, tobacco, and	75458
firearms of the United States department of the treasury and that	75459
is otherwise in conformity with federal law. This division does	75460
not apply to fireworks plants existing on or before August 3,	75461
1931.	75462

(H) Awnings, tents, and canopies shall not be used as	75463
facilities for the sale or storage of fireworks. This division	75464
does not prohibit the use of an awning or canopy attached to a	75465
public access showroom for storing nonflammable shopping	75466
convenience items such as shopping carts or baskets or providing a	75467
shaded area for patrons waiting to enter the public sales area.	75468

(I) Fireworks may be stored in trailers if the trailers are	75469
properly enclosed, secured, and grounded and are separated from	75470
any structure to which the public is admitted by a distance that	75471
will, in the fire marshal's judgment, allow fire-fighting	75472
equipment to have full access to the structures on the licensed	75473
premises. Such trailers may be moved into closer proximity to any	75474
structure only to accept or discharge cargo for a period not to	75475
exceed forty-eight hours. Only two such trailers may be placed in	75476
such closer proximity at any one time. At no time may trailers be	75477
used for conducting sales of any class of fireworks, nor may	75478
members of the public have access to the trailers.	75479

Storage areas for fireworks that are in the same building	75480
where fireworks are displayed and sold to the public shall be	75481
separated from the areas to which the public has access by an	75482
appropriately rated fire wall.	75483

(J) A fire suppression system as defined in section 3781.108	75484
of the Revised Code may be turned off only for repair, drainage of	75485
the system to prevent damage by freezing during the period of	75486
time, approved by the fire marshal, that the facility is closed to	75487
all public access during winter months, or maintenance of the	75488
system. If any repair or maintenance is necessary during times	75489
when the facility is open for public access and business as	75490
approved by the fire marshal, the licensed manufacturer shall	75491
notify in advance the appropriate insurance company and fire chief	75492
or fire prevention officer regarding the nature of the maintenance	75493
or repair and the time when it will be performed.	75494

(K) If any fireworks item is removed from its original	75495
package or is manufactured with any fuse other than a safety fuse	75496
approved by the consumer product safety commission, then the item	75497
shall be covered completely by repackaging or bagging or it shall	75498
otherwise be covered so as to prevent ignition prior to sale.	75499

(L) A safety officer shall be present during regular business	75500
hours at a building open to the public during the period	75501
commencing fourteen days before, and ending two days after, each	75502
fourth day of July. The officer shall be highly visible, enforce	75503
this chapter and any applicable building codes to the extent the	75504
officer is authorized by law, and be one of the following:	75505

(1) A deputy sheriff;

75506

(2) A law enforcement officer of a municipal corporation,	75507
township, or township or joint ~~township~~ police district;	75508

(3) A private uniformed security guard registered under	75509
section 4749.06 of the Revised Code.	75510

(M) All doors of all buildings on the licensed premises shall	75511
swing outward.	75512

(N) All wholesale and commercial sales of fireworks shall be	75513
packaged, shipped, placarded, and transported in accordance with	75514
United States department of transportation regulations applicable	75515
to the transportation, and the offering for transportation, of	75516
hazardous materials. For purposes of this division, "wholesale and	75517
commercial sales" includes all sales for resale and any nonretail	75518
sale made in furtherance of a commercial enterprise. For purposes	75519
of enforcement of these regulations under section 4905.83 of the	75520
Revised Code, any sales transaction exceeding one thousand pounds	75521
shall be rebuttably presumed to be a wholesale or commercial sale.	75522

Sec. 3743.19. In addition to conforming to the rules of the	75523
fire marshal adopted pursuant to section 3743.18 of the Revised	75524
Code, licensed wholesalers of fireworks shall conduct their	75525
business operations in accordance with the following:	75526

(A) A wholesaler shall conduct its business operations from	75527
the location described in its application for licensure or in a	75528
notification submitted under division (B) of section 3743.17 of	75529
the Revised Code.	75530

(B) Signs indicating that smoking is generally forbidden and	75531
trespassing is prohibited on the premises of a wholesaler shall be	75532
posted on the premises as determined by the fire marshal.	75533

(C) Reasonable precautions shall be taken to protect the	75534
premises of a wholesaler from trespass, loss, theft, or	75535
destruction.	75536

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	75537
matches, lighters, other flame-producing items, or open flame on,	75538
or the carrying of a concealed source of ignition into, the	75539
premises of a wholesaler is prohibited, except that a wholesaler	75540
may permit smoking in specified lunchrooms or restrooms in	75541
buildings or other structures in which no sales, handling, or	75542
storage of fireworks takes place. "NO SMOKING" signs shall be	75543
posted on the premises as required by the fire marshal.	75544

(E) Fire and explosion prevention and other reasonable safety	75545
measures and precautions shall be implemented by a wholesaler.	75546

(F) Persons shall not be permitted to have in their	75547
possession or under their control, while they are on the premises	75548
of a wholesaler, any intoxicating liquor, beer, or controlled	75549
substance, and they shall not be permitted to enter or remain on	75550
the premises if they are found to be under the influence of any	75551
intoxicating liquor, beer, or controlled substance.	75552

(G) A wholesaler shall conform to all building, safety, and	75553
zoning statutes, ordinances, rules, or other enactments that apply	75554
to its premises.	75555

(H) Each building used in the sale of fireworks shall be kept	75556
open to the public for at least four hours each day between the	75557
hours of eight a.m. and five p.m., five days of each week, every	75558
week of the year. Upon application from a licensed wholesaler, the	75559
fire marshal may waive any of the requirements of this division.	75560

(I) Awnings, tents, or canopies shall not be used as	75561
facilities for the storage or sale of fireworks. This division	75562
does not prohibit the use of an awning or canopy attached to a	75563
public access showroom for storing nonflammable shopping	75564
convenience items such as shopping carts or baskets or providing a	75565
shaded area for patrons waiting to enter the public sales area.	75566

(J) 1.4G fireworks may be stored in trailers if the trailers	75567
are properly enclosed, secured, and grounded and are separated	75568
from any structure to which the public is admitted by a distance	75569
that will, in the fire marshal's judgment, allow fire-fighting	75570
equipment to have full access to the structures on the licensed	75571
premises. Such trailers may be moved into closer proximity to any	75572
structure only to accept or discharge cargo for a period not to	75573
exceed forty-eight hours. Only two such trailers may be placed in	75574
such closer proximity at any one time. At no time may trailers be	75575
used for conducting sales of any class of fireworks nor may	75576
members of the public have access to the trailers.	75577

Storage areas for fireworks that are in the same building	75578
where fireworks are displayed and sold to the public shall be	75579
separated from the areas to which the public has access by an	75580
appropriately rated fire wall. If the licensee installs and	75581
properly maintains an early suppression fast response sprinkler	75582
system or equivalent fire suppression system as described in the	75583
fire code adopted by the fire marshal in accordance with section	75584
3737.82 of the Revised Code throughout the structure, a fire	75585
barrier wall may be substituted for a fire wall between the areas	75586
to which the public has access and the storage portions of the	75587
structure.	75588

(K) A fire suppression system as defined in section 3781.108	75589
of the Revised Code may be turned off only for repair, drainage of	75590
the system to prevent damage by freezing during the period of	75591
time, approved by the fire marshal under division (I) of this	75592
section, that the facility is closed to public access during	75593
winter months, or maintenance of the system. If any repair or	75594
maintenance is necessary during times when the facility is open	75595
for public access and business, the licensed wholesaler shall	75596
notify in advance the appropriate insurance company and fire chief	75597
or fire prevention officer regarding the nature of the maintenance	75598
or repair and the time when it will be performed.	75599

(L) If any fireworks item is removed from its original	75600
package or is manufactured with any fuse other than a fuse	75601
approved by the consumer product safety commission, then the item	75602
shall be covered completely by repackaging or bagging or it shall	75603
otherwise be covered so as to prevent ignition prior to sale.	75604

(M) A safety officer shall be present during regular business	75605
hours at a building open to the public during the period	75606
commencing fourteen days before, and ending two days after, each	75607
fourth day of July. The officer shall be highly visible, enforce	75608
this chapter and any applicable building codes to the extent the	75609
officer is authorized by law, and be one of the following:	75610

(1) A deputy sheriff;

75611

(2) A law enforcement officer of a municipal corporation,	75612
township, or township or joint ~~township~~ police district;	75613

(3) A private uniformed security guard registered under	75614
section 4749.06 of the Revised Code.	75615

(N) All doors of all buildings on the licensed premises shall	75616
swing outward.	75617

(O) All wholesale and commercial sales of fireworks shall be	75618
packaged, shipped, placarded, and transported in accordance with	75619
United States department of transportation regulations applicable	75620
to the transportation, and the offering for transportation, of	75621
hazardous materials. For purposes of this division, "wholesale and	75622
commercial sales" includes all sales for resale and any nonretail	75623
sale made in furtherance of a commercial enterprise. For purposes	75624
of enforcement of these regulations under section 4905.83 of the	75625
Revised Code, any sales transaction exceeding one thousand pounds	75626
shall be rebuttably presumed to be a wholesale or commercial sale.	75627

Sec. 3743.52. (A) The license of an exhibitor of fireworks	75628
is effective for one year from the date of its issuance by the	75629
fire marshal. If an exhibitor of fireworks wishes to continue as	75630
an exhibitor after its then effective license expires, it shall	75631
apply for a new license pursuant to section 3743.50 of the Revised	75632
Code. The fire marshal shall send a written notice of the	75633
expiration of its license to a licensed exhibitor at least two	75634
months before the expiration date.	75635

(B) The license of an exhibitor of fireworks authorizes the	75636
exhibitor to conduct public fireworks exhibitions in this state if	75637
it complies with sections 3743.50 to 3743.55 of the Revised Code	75638
and with the rules adopted by the fire marshal pursuant to section	75639
3743.53 of the Revised Code.	75640

The license is not transferable or assignable, and is subject	75641
to revocation as provided in section 3743.70 or division (D) of	75642
section 3743.99 of the Revised Code or pursuant to Chapter 119. of	75643
the Revised Code if the exhibitor fails to comply with sections	75644
3743.50 to 3743.55 of the Revised Code or the rules adopted by the	75645
fire marshal pursuant to section 3743.53 of the Revised Code.	75646

If the license of an exhibitor is revoked, the exhibitor	75647
shall cease conducting public fireworks exhibitions immediately.	75648
Subject to division (D) of section 3743.99 of the Revised Code,	75649
the exhibitor may not reapply for licensure as an exhibitor of	75650
fireworks until two years expire from the date of revocation. The	75651
fire marshal shall remove from the list of licensed exhibitors the	75652
exhibitor's name, and shall notify fire chiefs, fire prevention	75653
officers, and police chiefs or other similar chief law enforcement	75654
officers of municipal corporations, townships, or township or	75655
joint police districts in this state of the revocation.	75656

(C) Each licensed exhibitor of fireworks or a designee of the	75657
exhibitor, whose identity is provided to the fire marshal by the	75658
exhibitor, shall attend a continuing education program consisting	75659
of not less than six hours of instruction once every three years.	75660
The fire marshal shall develop the program, and the fire marshal	75661
or a person or public agency approved by the fire marshal shall	75662
conduct it. A licensed exhibitor or the exhibitor's designee who	75663
attends a program as required under this division, within one year	75664
after attending the program, and on an annual basis during the	75665
following two years, shall conduct in-service training for other	75666
employees of the licensee regarding the information obtained in	75667
the program. A licensed exhibitor shall provide the fire marshal	75668
with certified proof of full compliance with all applicable annual	75669
training requirements of the United States department of	75670
transportation and of the occupational safety and health	75671
administration. A licensed exhibitor shall provide the fire	75672
marshal with notice of the date, time, and place of all in-service	75673
training not less than thirty days prior to an in-service training	75674
event. An individual exhibitor who has no employees shall not	75675
fulfill continuing education requirements through a designee.	75676

Sec. 3743.53. (A) The fire marshal shall adopt rules in	75677
accordance with Chapter 119. of the Revised Code that establish	75678
qualifications that all applicants for licensure as an exhibitor	75679
of fireworks shall satisfy. These rules shall be designed to	75680
provide a reasonable degree of assurance that individuals	75681
conducting public fireworks exhibitions in this state are	75682
proficient in handling and discharging fireworks, are capable of	75683
handling the responsibilities associated with exhibitions as	75684
prescribed by rule of the fire marshal pursuant to divisions (B)	75685
and (E) of this section or as prescribed by sections 3743.50 to	75686
3743.55 of the Revised Code, and will conduct fireworks	75687
exhibitions in a manner that emphasizes the safety and security of	75688
the public. The rules shall be consistent with sections 3743.50 to	75689
3743.55 of the Revised Code and may include, in addition to other	75690
requirements prescribed by the fire marshal, a requirement that	75691
the applicant for licensure successfully complete a written	75692
examination or otherwise successfully demonstrate its proficiency	75693
in the handling and discharging of fireworks in a safe manner and	75694
its ability to handle the responsibilities associated with	75695
exhibitions.	75696

(B) The fire marshal shall adopt rules in accordance with	75697
Chapter 119. of the Revised Code that govern the nature and	75698
conduct of public fireworks exhibitions by licensed exhibitors of	75699
fireworks. These rules shall be designed to promote the safety and	75700
security of persons viewing a fireworks exhibition, to promote the	75701
safety of persons who, although not viewing an exhibition, could	75702
be affected by fireworks used at it, and to promote the safety and	75703
security of exhibitors and their assistants.	75704

The rules shall be consistent with sections 3743.50 to	75705
3743.55 of the Revised Code; except as otherwise provided in this	75706
section, shall be substantially equivalent to the most recent	75707
versions of chapters 1123, 1124, and 1126 of the most recent	75708
national fire protection association standards; and shall apply	75709
to, but not be limited to, the following subject matters:	75710

(1) The construction of shells used in a fireworks	75711
exhibition;	75712

(2) Except as the storage and securing of fireworks is	75713
addressed by the rules adopted under division (E) of this section,	75714
the storage, securing, and supervision of fireworks pending their	75715
use in, and during the course of, a fireworks exhibition, and	75716
inspections by exhibitors of fireworks to be used in an exhibition	75717
prior to their use. These rules shall regulate, among other	75718
relevant matters, the storage of fireworks in manners that will	75719
effectively eliminate or reduce the likelihood of the fireworks	75720
becoming wet or being exposed to flame, and appropriate distances	75721
between storage sites and the sites at which fireworks will be	75722
discharged.	75723

(3) The installation and nature of mortars used in a	75724
fireworks exhibition, and inspections by exhibitors of mortars	75725
prior to their use;	75726

(4) Minimum distances between storage sites, discharge sites,	75727
spectator viewing sites, parking areas, and potential landing	75728
areas of fireworks, and minimum distances between discharge sites,	75729
potential landing areas, and residential or other types of	75730
buildings or structures;	75731

(5) The nature of discharge sites and potential landing	75732
sites;	75733

(6) Fire protection, the use and location of monitors for	75734
crowd control, the use of fences and rope barriers for crowd	75735
control, illumination, smoking and the use of open flame, and	75736
posting of warning signs concerning smoking or the use of open	75737
flame in connection with fireworks exhibitions. These rules may	75738
provide some authority to local officials in determining adequate	75739
fire protection, and numbers and locations of monitors.	75740

(7) Procedures to be followed in the discharging of	75741
fireworks;	75742

(8) Weather and crowd-related conditions under which	75743
fireworks may and may not be discharged, including circumstances	75744
under which exhibitions should be postponed;	75745

(9) Inspections of premises following a fireworks exhibition	75746
for purposes of locating and disposing of defective or unexploded	75747
fireworks. Inspections shall be required immediately following an	75748
exhibition, and, if an exhibition is conducted at night, also at	75749
sunrise the following morning.	75750

(C) All mortars used in a fireworks exhibition that are	75751
greater than or equal to eight inches in diameter shall be	75752
equipped with electronic ignition equipment in accordance with	75753
chapter 1123 of the most recent edition of the national fire	75754
protection association standards.	75755

(D) Only persons who are employees of licensed exhibitors of	75756
fireworks and who are registered with the fire marshal under	75757
section 3743.56 of the Revised Code shall be permitted within the	75758
discharge perimeter of an exhibition.	75759

(E)(1) The fire marshal shall adopt rules in accordance with	75760
Chapter 119. of the Revised Code and consistent with division	75761
(E)(3) of this section that establish both of the following:	75762

(a) Uniform standards for the stability and securing of	75763
fireworks storage racks used at a fireworks exhibition;	75764

(b) A detailed checklist that a fire chief or fire prevention	75765
officer, in consultation with a police chief or other similar	75766
chief law enforcement officer of a municipal corporation,	75767
township, or township or joint police district or with a designee	75768
of such a police chief or other similar chief law enforcement	75769
officer, shall complete, while conducting the inspection required	75770
under division (C) of section 3743.54 of the Revised Code at the	75771
premises at which a fireworks exhibition will take place, to	75772
ensure that the exhibition will comply with all applicable	75773
requirements of this chapter, and all applicable rules adopted	75774
under this chapter, that regulate the conduct of a fireworks	75775
exhibition.	75776

(2) Each licensed exhibitor of fireworks shall comply with	75777
the rules that the fire marshal adopts under division (E)(1)(a) of	75778
this section.	75779

(3) Prior to the fire marshal's adoption of the rules	75780
referred to in divisions (E)(1)(a) and (b) of this section, the	75781
director of commerce shall appoint a committee consisting of the	75782
fire marshal, three representatives of the fireworks industry, and	75783
three representatives of the fire service industry to assist the	75784
fire marshal in adopting those rules. The fire marshal shall adopt	75785
initial rules under those divisions by not later than May 1, 2001.	75786

(F) A fire chief or fire prevention officer, in consultation	75787
with a police chief or other similar chief law enforcement officer	75788
of a municipal corporation, township, or township or joint police	75789
district or with a designee of such a police chief or other	75790
similar chief law enforcement officer, shall conduct the	75791
inspection referred to in division (E)(1)(b) of this section,	75792
complete the checklist referred to in division (E)(1)(b) of this	75793
section while conducting the inspection, and provide a copy of the	75794
completed checklist to the fire marshal.	75795

(G) A designee, if any, designated by a police chief or other	75796
similar chief law enforcement officer under this section or	75797
section 3743.54 of the Revised Code shall be a law enforcement	75798
officer serving in the same law enforcement agency as the police	75799
chief or other similar chief law enforcement officer.	75800

Sec. 3743.54. (A) A licensed exhibitor of fireworks may	75801
acquire fireworks for use at a public fireworks exhibition only	75802
from a licensed manufacturer of fireworks or licensed wholesaler	75803
of fireworks, and only in accordance with the procedures specified	75804
in this section and section 3743.55 of the Revised Code.	75805

(B)(1) A licensed exhibitor of fireworks who wishes to	75806
conduct a public fireworks exhibition shall apply for approval to	75807
conduct the exhibition to whichever of the following persons is	75808
appropriate under the circumstances:	75809

(a) Unless division (B)(1)(c) or (d) of this section applies,	75810
if the exhibition will take place in a municipal corporation, the	75811
approval shall be obtained from the fire chief, and from the	75812
police chief or other similar chief law enforcement officer, or	75813
the designee of the police chief or similar chief law enforcement	75814
officer, of the particular municipal corporation.	75815

(b) Unless division (B)(1)(c) or (d) of this section applies,	75816
if the exhibition will take place in an unincorporated area, the	75817
approval shall be obtained from the fire chief of the particular	75818
township or township fire district, and from the police chief or	75819
other similar chief law enforcement officer, or the designee of	75820
the police chief or similar chief law enforcement officer, of the	75821
particular township, or township or joint police district.	75822

(c) If fire protection services for the premises on which the	75823
exhibition will take place are provided in accordance with a	75824
contract between political subdivisions, the approval shall be	75825
obtained from the fire chief of the political subdivision	75826
providing the fire protection services and from the police chief	75827
or other similar chief law enforcement officer, or the designee of	75828
the police chief or similar chief law enforcement officer, of the	75829
political subdivision in which the premises on which the	75830
exhibition will take place are located. If police services for the	75831
premises on which the exhibition will take place are provided in	75832
accordance with a contract between political subdivisions, the	75833
approval shall be obtained from the police chief or other similar	75834
chief law enforcement officer, or the designee of the police chief	75835
or similar chief law enforcement officer, of the political	75836
subdivision providing the police services and from the fire chief	75837
of the political subdivision in which the premises on which the	75838
exhibition will take place are located. If both fire and police	75839
protection services for the premises on which the exhibition will	75840
take place are provided in accordance with a contract between	75841
political subdivisions, the approval shall be obtained from the	75842
fire chief, and from the police chief or other similar chief law	75843
enforcement officer, or the designee of the police chief or	75844
similar chief law enforcement officer, of the political	75845
subdivisions providing the police and fire protection services.	75846

(d) If there is no municipal corporation, township, or	75847
township fire district fire department, no municipal corporation,	75848
township, or township or joint police district police department,	75849
and no contract for police or fire protection services between	75850
political subdivisions covering the premises on which the	75851
exhibition will take place, the approval shall be obtained from	75852
the fire prevention officer, and from the police chief or other	75853
similar chief law enforcement officer, or the designee of the	75854
police chief or other similar chief law enforcement officer,	75855
having jurisdiction over the premises.	75856

(2) The approval required by division (B)(1) of this section	75857
shall be evidenced by the fire chief or fire prevention officer	75858
and by the police chief or other similar chief law enforcement	75859
officer, or the designee of the police chief or other similar	75860
chief law enforcement officer, signing a permit for the	75861
exhibition. The fire marshal shall prescribe the form of	75862
exhibition permits and distribute copies of the form to fire	75863
chiefs, to fire prevention officers, and to police chiefs or other	75864
similar chief law enforcement officers of municipal corporations,	75865
townships, or township or joint police districts, or their	75866
designees, in this state. Any exhibitor of fireworks who wishes to	75867
conduct a public fireworks exhibition may obtain a copy of the	75868
form from the fire marshal or, if it is available, from a fire	75869
chief, a fire prevention officer, a police chief or other similar	75870
chief law enforcement officer of a municipal corporation,	75871
township, or township or joint police district, or a designee of	75872
such a police chief or other similar chief law enforcement	75873
officer.	75874

(C) Before a permit is signed and issued to a licensed	75875
exhibitor of fireworks, the fire chief or fire prevention officer,	75876
in consultation with the police chief or other similar chief law	75877
enforcement officer or with the designee of the police chief or	75878
other similar chief law enforcement officer, shall inspect the	75879
premises on which the exhibition will take place and shall	75880
determine that, in fact, the applicant for the permit is a	75881
licensed exhibitor of fireworks. Each applicant shall show the	75882
applicant's license as an exhibitor of fireworks to the fire chief	75883
or fire prevention officer.	75884

The fire chief or fire prevention officer, and the police	75885
chief or other similar chief law enforcement officer, or the	75886
designee of the police chief or other similar chief law	75887
enforcement officer, shall give approval to conduct a public	75888
fireworks exhibition only if satisfied, based on the inspection,	75889
that the premises on which the exhibition will be conducted allow	75890
the exhibitor to comply with the rules adopted by the fire marshal	75891
pursuant to divisions (B) and (E) of section 3743.53 of the	75892
Revised Code and that the applicant is, in fact, a licensed	75893
exhibitor of fireworks. The fire chief or fire prevention officer,	75894
in consultation with the police chief or other similar chief law	75895
enforcement officer or with the designee of the police chief or	75896
other similar chief law enforcement officer, may inspect the	75897
premises immediately prior to the exhibition to determine if the	75898
exhibitor has complied with the rules, and may revoke a permit for	75899
noncompliance with the rules.	75900

(D) If the legislative authorities of their political	75901
subdivisions have prescribed a fee for the issuance of a permit	75902
for a public fireworks exhibition, fire chiefs or fire prevention	75903
officers, and police chiefs, other similar chief law enforcement	75904
officers, or their designee, shall not issue a permit until the	75905
exhibitor pays the requisite fee.	75906

Each exhibitor shall provide an indemnity bond in the amount	75907
of at least one million dollars, with surety satisfactory to the	75908
fire chief or fire prevention officer and to the police chief or	75909
other similar chief law enforcement officer, or the designee of	75910
the police chief or other similar chief law enforcement officer,	75911
conditioned for the payment of all final judgments that may be	75912
rendered against the exhibitor on account of injury, death, or	75913
loss to persons or property emanating from the fireworks	75914
exhibition, or proof of insurance coverage of at least one million	75915
dollars for liability arising from injury, death, or loss to	75916
persons or property emanating from the fireworks exhibition. The	75917
legislative authority of a political subdivision in which a public	75918
fireworks exhibition will take place may require the exhibitor to	75919
provide an indemnity bond or proof of insurance coverage in	75920
amounts greater than those required by this division. Fire chiefs	75921
or fire prevention officers, and police chiefs, other similar	75922
chief law enforcement officers, or their designee, shall not issue	75923
a permit until the exhibitor provides the bond or proof of the	75924
insurance coverage required by this division or by the political	75925
subdivision in which the fireworks exhibition will take place.	75926

(E)(1) Each permit for a fireworks exhibition issued by a	75927
fire chief or fire prevention officer, and by the police chief or	75928
other similar chief law enforcement officer, or the designee of	75929
the police chief or other similar chief law enforcement officer,	75930
shall contain a distinct number, designate the municipal	75931
corporation, township, or township fire or police district, or	75932
joint police district of the fire chief, fire prevention officer,	75933
police chief or other similar chief law enforcement officer, or	75934
designee of the police chief or other similar chief law	75935
enforcement officer, and identify the certified fire safety	75936
inspector, fire chief, or fire prevention officer who will be	75937
present before, during, and after the exhibition, where	75938
appropriate. A copy of each permit issued shall be forwarded by	75939
the fire chief or fire prevention officer, and by the police chief	75940
or other similar chief law enforcement officer, or the designee of	75941
the police chief or other similar chief law enforcement officer,	75942
issuing it to the fire marshal, who shall keep a record of the	75943
permits received. A permit is not transferable or assignable.	75944

(2) Each fire chief, fire prevention officer, police chief or	75945
other similar chief law enforcement officer, and designee of a	75946
police chief or other similar chief law enforcement officer shall	75947
keep a record of issued permits for fireworks exhibitions. In this	75948
list, the fire chief, fire prevention officer, police chief or	75949
other similar chief law enforcement officer, and designee of a	75950
police chief or other similar chief law enforcement officer shall	75951
list the name of the exhibitor, the exhibitor's license number,	75952
the premises on which the exhibition will be conducted, the date	75953
and time of the exhibition, and the number and political	75954
subdivision designation of the permit issued to the exhibitor for	75955
the exhibition.	75956

(F) The governing authority having jurisdiction in the	75957
location where an exhibition is to take place shall require that a	75958
certified fire safety inspector, fire chief, or fire prevention	75959
officer be present before, during, and after the exhibition, and	75960
shall require the certified fire safety inspector, fire chief, or	75961
fire prevention officer to inspect the premises where the	75962
exhibition is to take place and determine whether the exhibition	75963
is in compliance with this chapter.	75964

(G) Notwithstanding any provision of the Revised Code to the	75965
contrary, the state fire marshal is hereby authorized to create	75966
additional license categories for fireworks exhibitors and to	75967
create additional permit requirements for fireworks exhibitions	75968
for the indoor use of fireworks and other uses of pyrotechnics,	75969
including the use of pyrotechnic materials that do not meet the	75970
definition of fireworks as described in section 3743.01 of the	75971
Revised Code. Such licenses and permits and the fees for such	75972
licenses and permits shall be described in rules adopted by the	75973
fire marshal under Chapter 119. of the Revised Code. Such rules	75974
may provide for different standards for exhibitor licensure and	75975
the permitting and conducting of a fireworks exhibition than the	75976
requirements of this chapter.	75977

Prior to the state fire marshal's adoption of the rules	75978
described in this division, the director of commerce shall appoint	75979
a committee consisting of the state fire marshal or the marshal's	75980
designee, three representatives of the fireworks industry, and	75981
three representatives of the fire service to assist the state fire	75982
marshal in adopting these rules. Unless an extension is granted by	75983
the director of commerce, the state fire marshal shall adopt	75984
initial rules under this section not later than July 1, 2010.	75985

Sec. 3743.64. (A) No person shall conduct a fireworks	75986
exhibition in this state or act as an exhibitor of fireworks in	75987
this state unless the person is a licensed exhibitor of fireworks.	75988

(B) No person shall conduct a fireworks exhibition in this	75989
state or act as an exhibitor of fireworks in this state after the	75990
person's license as an exhibitor of fireworks has expired, been	75991
denied renewal, or been revoked, unless a new license has been	75992
obtained.	75993

(C) No licensed exhibitor of fireworks shall fail to comply	75994
with the applicable requirements of the rules adopted by the fire	75995
marshal pursuant to divisions (B) and (E) of section 3743.53 of	75996
the Revised Code or to comply with divisions (C) and (D) of that	75997
section.	75998

(D) No licensed exhibitor of fireworks shall conduct a	75999
fireworks exhibition unless a permit has been secured for the	76000
exhibition pursuant to section 3743.54 of the Revised Code or if a	76001
permit so secured is revoked by a fire chief or fire prevention	76002
officer, in consultation with a police chief or other similar	76003
chief law enforcement officer of a municipal corporation,	76004
township, or township or joint police district or with a designee	76005
of such a police chief or other similar chief law enforcement	76006
officer, pursuant to that section.	76007

(E) No licensed exhibitor of fireworks shall acquire	76008
fireworks for use at a fireworks exhibition other than in	76009
accordance with sections 3743.54 and 3743.55 of the Revised Code.	76010

(F) No licensed exhibitor of fireworks or other person	76011
associated with the conduct of a fireworks exhibition shall have	76012
possession or control of, or be under the influence of, any	76013
intoxicating liquor, beer, or controlled substance while on the	76014
premises on which the exhibition is being conducted.	76015

(G) No licensed exhibitor of fireworks shall permit an	76016
employee to assist the licensed exhibitor in conducting fireworks	76017
exhibitions unless the employee is registered with the fire	76018
marshal under section 3743.56 of the Revised Code.	76019

(H) Except as provided in division (C) of section 3743.541 of	76020
the Revised Code, no person shall knowingly, or knowingly permit	76021
another person to, dismantle, reposition, or otherwise disturb any	76022
fireworks, associated equipment or materials, or other items	76023
within a fireworks incident site, or any evidence related to a	76024
fireworks incident, at any time after that person has reason to	76025
believe a fireworks incident has occurred, before the state fire	76026
marshal, the state fire marshal's designee, a member of the state	76027
fire marshal's staff, or other appropriate state or local law	76028
enforcement authorities permit in accordance with section 3743.541	76029
of the Revised Code the dismantling, repositioning, or other	76030
disturbance of the fireworks, equipment, materials, or items	76031
within the fireworks incident site or of any evidence related to	76032
the fireworks incident.	76033

Sec. 3745.015. There is hereby created in the state treasury	76034
the environmental protection fund consisting of money credited to	76035
the fund under ~~divisions~~division (A)(3) ~~and (4)~~ of section	76036
3734.57 of the Revised Code. The environmental protection agency	76037
shall use money in the fund to pay the agency's costs associated	76038
with administering and enforcing, or otherwise conducting	76039
activities under, this chapter and Chapters 3704., 3734., 3746.,	76040
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103.,	76041
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and	76042
sections 122.65 and 1521.19 of the Revised Code.	76043

Sec. 3745.016. There is hereby created in the state treasury	76044
the federally supported cleanup and response fund consisting of	76045
money credited to the fund from federal grants, gifts, and	76046
contributions to support the investigation and remediation of	76047
contaminated property. The environmental protection agency shall	76048
use money in the fund to support the investigation and remediation	76049
of contaminated property.	76050

Sec. 3745.05. (A) In hearing the appeal, if an adjudication	76051
hearing was conducted by the director of environmental protection	76052
in accordance with sections 119.09 and 119.10 of the Revised Code	76053
or conducted by a board of health, the environmental review	76054
appeals commission is confined to the record as certified to it by	76055
the director or the board of health, as applicable. The commission	76056
may grant a request for the admission of additional evidence when	76057
satisfied that such additional evidence is newly discovered and	76058
could not with reasonable diligence have been ascertained prior to	76059
the hearing before the director or the board, as applicable. If no	76060
adjudication hearing was conducted in accordance with sections	76061
119.09 and 119.10 of the Revised Code or conducted by a board of	76062
health, the commission shall conduct a hearing de novo on the	76063
appeal.	76064

For the purpose of conducting a de novo hearing, or where the	76065
commission has granted a request for the admission of additional	76066
evidence, the commission may require the attendance of witnesses	76067
and the production of written or printed materials.	76068

When conducting a de novo hearing, or when a request for the	76069
admission of additional evidence has been granted, the commission	76070
may, and at the request of any party it shall, issue subpoenas for	76071
witnesses or for books, papers, correspondence, memoranda,	76072
agreements, or other documents or records relevant or material to	76073
the inquiry directed to the sheriff of the counties where the	76074
witnesses or documents or records are found, which subpoenas shall	76075
be served and returned in the same manner as those allowed by the	76076
court of common pleas in criminal cases.	76077

(B) The fees of sheriffs shall be the same as those allowed	76078
by the court of common pleas in criminal cases. Witnesses shall be	76079
paid the fees and mileage provided for under section 119.094 of	76080
the Revised Code. The fee and mileage expenses incurred at the	76081
request of the appellant shall be paid in advance by the	76082
appellant, and the remainder of the expenses shall be paid out of	76083
funds appropriated for the expenses of the commission.	76084

(C) In case of disobedience or neglect of any subpoena served	76085
on any person, or the refusal of any witness to testify to any	76086
matter regarding which the witness may be lawfully interrogated,	76087
the court of common pleas of the county in which the disobedience,	76088
neglect, or refusal occurs, or any judge thereof, on application	76089
of the commission or any member thereof, may compel obedience by	76090
attachment proceedings for contempt as in the case of disobedience	76091
of the requirements of a subpoena issued from the court or a	76092
refusal to testify therein.	76093

(D) A witness at any hearing shall testify under oath or	76094
affirmation, which any member of the commission may administer. A	76095
witness, if the witness requests, shall be permitted to be	76096
accompanied, represented, and advised by an attorney, whose	76097
participation in the hearing shall be limited to the protection of	76098
the rights of the witness, and who may not examine or	76099
cross-examine witnesses. A witness shall be advised of the right	76100
to counsel before the witness is interrogated.	76101

(E) A stenographic or electronic record of the testimony and	76102
other evidence submitted shall be taken by an official court	76103
~~shorthand~~ reporter. The record shall include all of the testimony	76104
and other evidence and the rulings on the admissibility thereof	76105
presented at the hearing. The commission shall pass upon the	76106
admissibility of evidence, but any party may at the time object to	76107
the admission of any evidence and except to the rulings of the	76108
commission thereon, and if the commission refuses to admit	76109
evidence the party offering same may make a proffer thereof, and	76110
such proffer shall be made a part of the record of such hearing.	76111

Any party may request the stenographic or electronic record	76112
of the hearing. Promptly after receiving such a request, the	76113
commission shall prepare and provide the stenographic or	76114
electronic record of the hearing to the party who requested it.	76115
The commission may charge a fee to the party who requested the	76116
stenographic or electronic record that does not exceed the cost to	76117
the commission for preparing and transcribing or transmitting it.	76118

(F) If, upon completion of the hearing, the commission finds	76119
that the action appealed from was lawful and reasonable, it shall	76120
make a written order affirming the action, or if the commission	76121
finds that the action was unreasonable or unlawful, it shall make	76122
a written order vacating or modifying the action appealed from.	76123

The commission shall issue a written order affirming,	76124
vacating, or modifying an action pursuant to the following	76125
schedule:	76126

(1) For an appeal that was filed with the commission before	76127
April 15, 2008, the commission shall issue a written order not	76128
later than December 15, 2009.	76129

(2) For all other appeals that have been filed with the	76130
commission as of October 15, 2009, the commission shall issue a	76131
written order not later than July 15, 2010.	76132

(3) For an appeal that is filed with the commission after	76133
October 15, 2009, the commission shall issue a written order not	76134
later than twelve months after the filing of the appeal with the	76135
commission.	76136

(G) Every order made by the commission shall contain a	76137
written finding by the commission of the facts upon which the	76138
order is based. Notice of the making of the order shall be given	76139
forthwith to each party to the appeal by mailing a certified copy	76140
thereof to each party by certified mail, with a statement of the	76141
time and method by which an appeal may be perfected.	76142

(H) The order of the commission is final unless vacated or	76143
modified upon judicial review.	76144

Sec. 3745.11. (A) Applicants for and holders of permits,	76145
licenses, variances, plan approvals, and certifications issued by	76146
the director of environmental protection pursuant to Chapters	76147
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	76148
to the environmental protection agency for each such issuance and	76149
each application for an issuance as provided by this section. No	76150
fee shall be charged for any issuance for which no application has	76151
been submitted to the director.	76152

(B) Each person who is issued a permit to install prior to	76153
July 1, 2003, pursuant to rules adopted under division (F) of	76154
section 3704.03 of the Revised Code shall pay the fees specified	76155
in the following schedules:	76156

(1) Fuel-burning equipment (boilers)

76157

Input capacity (maximum)					76158
(million British thermal units per hour)		Permit to install			76159

Greater than 0, but less than 10	$ 200	76160
10 or more, but less than 100	400	76161
100 or more, but less than 300	800	76162
300 or more, but less than 500	1500	76163
500 or more, but less than 1000	2500	76164
1000 or more, but less than 5000	4000	76165
5000 or more	6000	76166

Units burning exclusively natural gas, number two fuel oil,	76167
or both shall be assessed a fee that is one-half of the applicable	76168
amount established in division (F)(1) of this section.	76169

(2) Incinerators

76170

Input capacity (pounds per hour)

Permit to install

76171

0 to 100	$ 100	76172
101 to 500	400	76173
501 to 2000	750	76174
2001 to 20,000	1000	76175
more than 20,000	2500	76176

(3)(a) Process

76177

Process weight rate (pounds per hour)

Permit to install

76178

0 to 1000	$ 200	76179
1001 to 5000	400	76180
5001 to 10,000	600	76181
10,001 to 50,000	800	76182
more than 50,000	1000	76183

In any process where process weight rate cannot be	76184
ascertained, the minimum fee shall be assessed.	76185

(b) Notwithstanding division (B)(3)(a) of this section, any	76186
person issued a permit to install pursuant to rules adopted under	76187
division (F) of section 3704.03 of the Revised Code shall pay the	76188
fees established in division (B)(3)(c) of this section for a	76189
process used in any of the following industries, as identified by	76190
the applicable four-digit standard industrial classification code	76191
according to the Standard Industrial Classification Manual	76192
published by the United States office of management and budget in	76193
the executive office of the president, 1972, as revised:	76194

1211 Bituminous coal and lignite mining;

76195

1213 Bituminous coal and lignite mining services;

76196

1411 Dimension stone;

76197

1422 Crushed and broken limestone;

76198

1427 Crushed and broken stone, not elsewhere classified;

76199

1442 Construction sand and gravel;

76200

1446 Industrial sand;

76201

3281 Cut stone and stone products;

76202

3295 Minerals and earth, ground or otherwise treated.

76203

(c) The fees established in the following schedule apply to	76204
the issuance of a permit to install pursuant to rules adopted	76205
under division (F) of section 3704.03 of the Revised Code for a	76206
process listed in division (B)(3)(b) of this section:	76207

Process weight rate (pounds per hour)

Permit to install

76208

0 to 1000	$ 200	76209
10,001 to 50,000	300	76210
50,001 to 100,000	400	76211
100,001 to 200,000	500	76212
200,001 to 400,000	600	76213
400,001 or more	700	76214

(4) Storage tanks

76215

Gallons (maximum useful capacity)

Permit to install

76216

0 to 20,000	$ 100	76217
20,001 to 40,000	150	76218
40,001 to 100,000	200	76219
100,001 to 250,000	250	76220
250,001 to 500,000	350	76221
500,001 to 1,000,000	500	76222
1,000,001 or greater	750	76223

(5) Gasoline/fuel dispensing facilities

76224

For each gasoline/fuel dispensing		Permit to install			76225
facility		$ 100			76226

(6) Dry cleaning facilities

76227

For each dry cleaning facility		Permit to install			76228
(includes all units at the facility)		$ 100			76229

(7) Registration status

76230

For each source covered		Permit to install			76231
by registration status		$ 75			76232

(C)(1) Except as otherwise provided in division (C)(2) of	76233
this section, beginning July 1, 1994, each person who owns or	76234
operates an air contaminant source and who is required to apply	76235
for and obtain a Title V permit under section 3704.036 of the	76236
Revised Code shall pay the fees set forth in division (C)(1) of	76237
this section. For the purposes of that division, total emissions	76238
of air contaminants may be calculated using engineering	76239
calculations, emissions factors, material balance calculations, or	76240
performance testing procedures, as authorized by the director.	76241

The following fees shall be assessed on the total actual	76242
emissions from a source in tons per year of the regulated	76243
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	76244
organic compounds, and lead:	76245

(a) Fifteen dollars per ton on the total actual emissions of	76246
each such regulated pollutant during the period July through	76247
December 1993, to be collected no sooner than July 1, 1994;	76248

(b) Twenty dollars per ton on the total actual emissions of	76249
each such regulated pollutant during calendar year 1994, to be	76250
collected no sooner than April 15, 1995;	76251

(c) Twenty-five dollars per ton on the total actual emissions	76252
of each such regulated pollutant in calendar year 1995, and each	76253
subsequent calendar year, to be collected no sooner than the	76254
fifteenth day of April of the year next succeeding the calendar	76255
year in which the emissions occurred.	76256

The fees levied under division (C)(1) of this section do not	76257
apply to that portion of the emissions of a regulated pollutant at	76258
a facility that exceed four thousand tons during a calendar year.	76259

(2) The fees assessed under division (C)(1) of this section	76260
are for the purpose of providing funding for the Title V permit	76261
program.	76262

(3) The fees assessed under division (C)(1) of this section	76263
do not apply to emissions from any electric generating unit	76264
designated as a Phase I unit under Title IV of the federal Clean	76265
Air Act prior to calendar year 2000. Those fees shall be assessed	76266
on the emissions from such a generating unit commencing in	76267
calendar year 2001 based upon the total actual emissions from the	76268
generating unit during calendar year 2000 and shall continue to be	76269
assessed each subsequent calendar year based on the total actual	76270
emissions from the generating unit during the preceding calendar	76271
year.	76272

(4) The director shall issue invoices to owners or operators	76273
of air contaminant sources who are required to pay a fee assessed	76274
under division (C) or (D) of this section. Any such invoice shall	76275
be issued no sooner than the applicable date when the fee first	76276
may be collected in a year under the applicable division, shall	76277
identify the nature and amount of the fee assessed, and shall	76278
indicate that the fee is required to be paid within thirty days	76279
after the issuance of the invoice.	76280

(D)(1) Except as provided in division (D)(3) of this section,	76281
from January 1, 1994, through December 31, 2003, each person who	76282
owns or operates an air contaminant source; who is required to	76283
apply for a permit to operate pursuant to rules adopted under	76284
division (G), or a variance pursuant to division (H), of section	76285
3704.03 of the Revised Code; and who is not required to apply for	76286
and obtain a Title V permit under section 3704.036 of the Revised	76287
Code shall pay a single fee based upon the sum of the actual	76288
annual emissions from the facility of the regulated pollutants	76289
particulate matter, sulfur dioxide, nitrogen oxides, organic	76290
compounds, and lead in accordance with the following schedule:	76291

Total tons per year		76292
of regulated pollutants	Annual fee	76293
emitted	per facility	76294
More than 0, but less than 50	$ 75	76295
50 or more, but less than 100	300	76296
100 or more	700	76297

(2) Except as provided in division (D)(3) of this section,	76298
beginning January 1, 2004, each person who owns or operates an air	76299
contaminant source; who is required to apply for a permit to	76300
operate pursuant to rules adopted under division (G), or a	76301
variance pursuant to division (H), of section 3704.03 of the	76302
Revised Code; and who is not required to apply for and obtain a	76303
Title V permit under section 3704.03 of the Revised Code shall pay	76304
a single fee based upon the sum of the actual annual emissions	76305
from the facility of the regulated pollutants particulate matter,	76306
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	76307
accordance with the following schedule:	76308

Total tons per year		76309
of regulated pollutants	Annual fee	76310
emitted	per facility	76311
More than 0, but less than 10	$ 100	76312
10 or more, but less than 50	200	76313
50 or more, but less than 100	300	76314
100 or more	700	76315

(3)(a) As used in division (D) of this section, "synthetic	76316
minor facility" means a facility for which one or more permits to	76317
install or permits to operate have been issued for the air	76318
contaminant sources at the facility that include terms and	76319
conditions that lower the facility's potential to emit air	76320
contaminants below the major source thresholds established in	76321
rules adopted under section 3704.036 of the Revised Code.	76322

(b) Beginning January 1, 2000, through June 30, ~~2012~~2014,	76323
each person who owns or operates a synthetic minor facility shall	76324
pay an annual fee based on the sum of the actual annual emissions	76325
from the facility of particulate matter, sulfur dioxide, nitrogen	76326
dioxide, organic compounds, and lead in accordance with the	76327
following schedule:	76328

Combined total tons		76329
per year of all regulated	Annual fee	76330
pollutants emitted	per facility	76331

Less than 10	$ 170	76332
10 or more, but less than 20	340	76333
20 or more, but less than 30	670	76334
30 or more, but less than 40	1,010	76335
40 or more, but less than 50	1,340	76336
50 or more, but less than 60	1,680	76337
60 or more, but less than 70	2,010	76338
70 or more, but less than 80	2,350	76339
80 or more, but less than 90	2,680	76340
90 or more, but less than 100	3,020	76341
100 or more	3,350	76342

(4) The fees assessed under division (D)(1) of this section	76343
shall be collected annually no sooner than the fifteenth day of	76344
April, commencing in 1995. The fees assessed under division (D)(2)	76345
of this section shall be collected annually no sooner than the	76346
fifteenth day of April, commencing in 2005. The fees assessed	76347
under division (D)(3) of this section shall be collected no sooner	76348
than the fifteenth day of April, commencing in 2000. The fees	76349
assessed under division (D) of this section in a calendar year	76350
shall be based upon the sum of the actual emissions of those	76351
regulated pollutants during the preceding calendar year. For the	76352
purpose of division (D) of this section, emissions of air	76353
contaminants may be calculated using engineering calculations,	76354
emission factors, material balance calculations, or performance	76355
testing procedures, as authorized by the director. The director,	76356
by rule, may require persons who are required to pay the fees	76357
assessed under division (D) of this section to pay those fees	76358
biennially rather than annually.	76359

(E)(1) Consistent with the need to cover the reasonable costs	76360
of the Title V permit program, the director annually shall	76361
increase the fees prescribed in division (C)(1) of this section by	76362
the percentage, if any, by which the consumer price index for the	76363
most recent calendar year ending before the beginning of a year	76364
exceeds the consumer price index for calendar year 1989. Upon	76365
calculating an increase in fees authorized by division (E)(1) of	76366
this section, the director shall compile revised fee schedules for	76367
the purposes of division (C)(1) of this section and shall make the	76368
revised schedules available to persons required to pay the fees	76369
assessed under that division and to the public.	76370

(2) For the purposes of division (E)(1) of this section:

76371

(a) The consumer price index for any year is the average of	76372
the consumer price index for all urban consumers published by the	76373
United States department of labor as of the close of the	76374
twelve-month period ending on the thirty-first day of August of	76375
that year.	76376

(b) If the 1989 consumer price index is revised, the director	76377
shall use the revision of the consumer price index that is most	76378
consistent with that for calendar year 1989.	76379

(F) Each person who is issued a permit to install pursuant to	76380
rules adopted under division (F) of section 3704.03 of the Revised	76381
Code on or after July 1, 2003, shall pay the fees specified in the	76382
following schedules:	76383

(1) Fuel-burning equipment (boilers, furnaces, or process	76384
heaters used in the process of burning fuel for the primary	76385
purpose of producing heat or power by indirect heat transfer)	76386

Input capacity (maximum)		76387
(million British thermal units per hour)	Permit to install	76388
Greater than 0, but less than 10	$ 200	76389
10 or more, but less than 100	400	76390
100 or more, but less than 300	1000	76391
300 or more, but less than 500	2250	76392
500 or more, but less than 1000	3750	76393
1000 or more, but less than 5000	6000	76394
5000 or more	9000	76395

Units burning exclusively natural gas, number two fuel oil,	76396
or both shall be assessed a fee that is one-half the applicable	76397
amount shown in division (F)(1) of this section.	76398

(2) Combustion turbines and stationary internal combustion	76399
engines designed to generate electricity	76400

Generating capacity (mega watts)	Permit to install	76401
0 or more, but less than 10	$ 25	76402
10 or more, but less than 25	150	76403
25 or more, but less than 50	300	76404
50 or more, but less than 100	500	76405
100 or more, but less than 250	1000	76406
250 or more	2000	76407

(3) Incinerators

76408

Input capacity (pounds per hour)	Permit to install	76409
0 to 100	$ 100	76410
101 to 500	500	76411
501 to 2000	1000	76412
2001 to 20,000	1500	76413
more than 20,000	3750	76414

(4)(a) Process

76415

Process weight rate (pounds per hour)	Permit to install	76416
0 to 1000	$ 200	76417
1001 to 5000	500	76418
5001 to 10,000	750	76419
10,001 to 50,000	1000	76420
more than 50,000	1250	76421

In any process where process weight rate cannot be	76422
ascertained, the minimum fee shall be assessed. A boiler, furnace,	76423
combustion turbine, stationary internal combustion engine, or	76424
process heater designed to provide direct heat or power to a	76425
process not designed to generate electricity shall be assessed a	76426
fee established in division (F)(4)(a) of this section. A	76427
combustion turbine or stationary internal combustion engine	76428
designed to generate electricity shall be assessed a fee	76429
established in division (F)(2) of this section.	76430

(b) Notwithstanding division (F)(4)(a) of this section, any	76431
person issued a permit to install pursuant to rules adopted under	76432
division (F) of section 3704.03 of the Revised Code shall pay the	76433
fees set forth in division (F)(4)(c) of this section for a process	76434
used in any of the following industries, as identified by the	76435
applicable two-digit, three-digit, or four-digit standard	76436
industrial classification code according to the Standard	76437
Industrial Classification Manual published by the United States	76438
office of management and budget in the executive office of the	76439
president, 1987, as revised:	76440

Major group 10, metal mining;

76441

Major group 12, coal mining;

76442

Major group 14, mining and quarrying of nonmetallic minerals;

76443

Industry group 204, grain mill products;

76444

2873 Nitrogen fertilizers;

76445

2874 Phosphatic fertilizers;

76446

3281 Cut stone and stone products;

76447

3295 Minerals and earth, ground or otherwise treated;

76448

4221 Grain elevators (storage only);

76449

5159 Farm related raw materials;

76450

5261 Retail nurseries and lawn and garden supply stores.

76451

(c) The fees set forth in the following schedule apply to the	76452
issuance of a permit to install pursuant to rules adopted under	76453
division (F) of section 3704.03 of the Revised Code for a process	76454
identified in division (F)(4)(b) of this section:	76455

Process weight rate (pounds per hour)	Permit to install	76456
0 to 10,000	$ 200	76457
10,001 to 50,000	400	76458
50,001 to 100,000	500	76459
100,001 to 200,000	600	76460
200,001 to 400,000	750	76461
400,001 or more	900	76462

(5) Storage tanks

76463

Gallons (maximum useful capacity)	Permit to install	76464
0 to 20,000	$ 100	76465
20,001 to 40,000	150	76466
40,001 to 100,000	250	76467
100,001 to 500,000	400	76468
500,001 or greater	750	76469

(6) Gasoline/fuel dispensing facilities

76470

For each gasoline/fuel		76471
dispensing facility (includes all	Permit to install	76472
units at the facility)	$ 100	76473

(7) Dry cleaning facilities

76474

For each dry cleaning		76475
facility (includes all units	Permit to install	76476
at the facility)	$ 100	76477

(8) Registration status

76478

For each source covered			Permit to install			76479
by registration status			$ 75			76480

(G) An owner or operator who is responsible for an asbestos	76481
demolition or renovation project pursuant to rules adopted under	76482
section 3704.03 of the Revised Code shall pay the fees set forth	76483
in the following schedule:	76484

Action	Fee	76485
Each notification	$75	76486
Asbestos removal	$3/unit	76487
Asbestos cleanup	$4/cubic yard	76488

For purposes of this division, "unit" means any combination of	76489
linear feet or square feet equal to fifty.	76490

(H) A person who is issued an extension of time for a permit	76491
to install an air contaminant source pursuant to rules adopted	76492
under division (F) of section 3704.03 of the Revised Code shall	76493
pay a fee equal to one-half the fee originally assessed for the	76494
permit to install under this section, except that the fee for such	76495
an extension shall not exceed two hundred dollars.	76496

(I) A person who is issued a modification to a permit to	76497
install an air contaminant source pursuant to rules adopted under	76498
section 3704.03 of the Revised Code shall pay a fee equal to	76499
one-half of the fee that would be assessed under this section to	76500
obtain a permit to install the source. The fee assessed by this	76501
division only applies to modifications that are initiated by the	76502
owner or operator of the source and shall not exceed two thousand	76503
dollars.	76504

(J) Notwithstanding division (B) or (F) of this section, a	76505
person who applies for or obtains a permit to install pursuant to	76506
rules adopted under division (F) of section 3704.03 of the Revised	76507
Code after the date actual construction of the source began shall	76508
pay a fee for the permit to install that is equal to twice the fee	76509
that otherwise would be assessed under the applicable division	76510
unless the applicant received authorization to begin construction	76511
under division (W) of section 3704.03 of the Revised Code. This	76512
division only applies to sources for which actual construction of	76513
the source begins on or after July 1, 1993. The imposition or	76514
payment of the fee established in this division does not preclude	76515
the director from taking any administrative or judicial	76516
enforcement action under this chapter, Chapter 3704., 3714.,	76517
3734., or 6111. of the Revised Code, or a rule adopted under any	76518
of them, in connection with a violation of rules adopted under	76519
division (F) of section 3704.03 of the Revised Code.	76520

As used in this division, "actual construction of the source"	76521
means the initiation of physical on-site construction activities	76522
in connection with improvements to the source that are permanent	76523
in nature, including, without limitation, the installation of	76524
building supports and foundations and the laying of underground	76525
pipework.	76526

(K) Fifty cents per ton of each fee assessed under division	76527
(C) of this section on actual emissions from a source and received	76528
by the environmental protection agency pursuant to that division	76529
shall be deposited into the state treasury to the credit of the	76530
small business assistance fund created in section 3706.19 of the	76531
Revised Code. The remainder of the moneys received by the division	76532
pursuant to that division and moneys received by the agency	76533
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	76534
section shall be deposited in the state treasury to the credit of	76535
the clean air fund created in section 3704.035 of the Revised	76536
Code.	76537

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	76538
or (c) of this section, a person issued a water discharge permit	76539
or renewal of a water discharge permit pursuant to Chapter 6111.	76540
of the Revised Code shall pay a fee based on each point source to	76541
which the issuance is applicable in accordance with the following	76542
schedule:	76543

Design flow discharge (gallons per day)	Fee	76544
0 to 1000	$ 0	76545
1,001 to 5000	100	76546
5,001 to 50,000	200	76547
50,001 to 100,000	300	76548
100,001 to 300,000	525	76549
over 300,000	750	76550

(b) Notwithstanding the fee schedule specified in division	76551
(L)(1)(a) of this section, the fee for a water discharge permit	76552
that is applicable to coal mining operations regulated under	76553
Chapter 1513. of the Revised Code shall be two hundred fifty	76554
dollars per mine.	76555

(c) Notwithstanding the fee schedule specified in division	76556
(L)(1)(a) of this section, the fee for a water discharge permit	76557
for a public discharger identified by I in the third character of	76558
the permittee's NPDES permit number shall not exceed seven hundred	76559
fifty dollars.	76560

(2) A person applying for a plan approval for a wastewater	76561
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	76562
of the Revised Code shall pay a fee of one hundred dollars plus	76563
sixty-five one-hundredths of one per cent of the estimated project	76564
cost through June 30, ~~2012~~2014, and one hundred dollars plus	76565
two-tenths of one per cent of the estimated project cost on and	76566
after July 1, ~~2012~~2014, except that the total fee shall not	76567
exceed fifteen thousand dollars through June 30, ~~2012~~2014, and	76568
five thousand dollars on and after July 1, ~~2012~~2014. The fee	76569
shall be paid at the time the application is submitted.	76570

(3) A person issued a modification of a water discharge	76571
permit shall pay a fee equal to one-half the fee that otherwise	76572
would be charged for a water discharge permit, except that the fee	76573
for the modification shall not exceed four hundred dollars.	76574

(4) A person who has entered into an agreement with the	76575
director under section 6111.14 of the Revised Code shall pay an	76576
administrative service fee for each plan submitted under that	76577
section for approval that shall not exceed the minimum amount	76578
necessary to pay administrative costs directly attributable to	76579
processing plan approvals. The director annually shall calculate	76580
the fee and shall notify all persons who have entered into	76581
agreements under that section, or who have applied for agreements,	76582
of the amount of the fee.	76583

(5)(a)(i) Not later than January 30, ~~2010~~2012, and January	76584
30, ~~2011~~2013, a person holding an NPDES discharge permit issued	76585
pursuant to Chapter 6111. of the Revised Code with an average	76586
daily discharge flow of five thousand gallons or more shall pay a	76587
nonrefundable annual discharge fee. Any person who fails to pay	76588
the fee at that time shall pay an additional amount that equals	76589
ten per cent of the required annual discharge fee.	76590

(ii) The billing year for the annual discharge fee	76591
established in division (L)(5)(a)(i) of this section shall consist	76592
of a twelve-month period beginning on the first day of January of	76593
the year preceding the date when the annual discharge fee is due.	76594
In the case of an existing source that permanently ceases to	76595
discharge during a billing year, the director shall reduce the	76596
annual discharge fee, including the surcharge applicable to	76597
certain industrial facilities pursuant to division (L)(5)(c) of	76598
this section, by one-twelfth for each full month during the	76599
billing year that the source was not discharging, but only if the	76600
person holding the NPDES discharge permit for the source notifies	76601
the director in writing, not later than the first day of October	76602
of the billing year, of the circumstances causing the cessation of	76603
discharge.	76604

(iii) The annual discharge fee established in division	76605
(L)(5)(a)(i) of this section, except for the surcharge applicable	76606
to certain industrial facilities pursuant to division (L)(5)(c) of	76607
this section, shall be based upon the average daily discharge flow	76608
in gallons per day calculated using first day of May through	76609
thirty-first day of October flow data for the period two years	76610
prior to the date on which the fee is due. In the case of NPDES	76611
discharge permits for new sources, the fee shall be calculated	76612
using the average daily design flow of the facility until actual	76613
average daily discharge flow values are available for the time	76614
period specified in division (L)(5)(a)(iii) of this section. The	76615
annual discharge fee may be prorated for a new source as described	76616
in division (L)(5)(a)(ii) of this section.	76617

(b) An NPDES permit holder that is a public discharger shall	76618
pay the fee specified in the following schedule:	76619

Average daily	Fee due by	76620
discharge flow	January 30,	76621
	~~2010~~ 2012, and	76622
	January 30, ~~2011~~ 2013	76623

5,000 to 49,999	$ 200	76624
50,000 to 100,000	500	76625
100,001 to 250,000	1,050	76626
250,001 to 1,000,000	2,600	76627
1,000,001 to 5,000,000	5,200	76628
5,000,001 to 10,000,000	10,350	76629
10,000,001 to 20,000,000	15,550	76630
20,000,001 to 50,000,000	25,900	76631
50,000,001 to 100,000,000	41,400	76632
100,000,001 or more	62,100	76633

Public dischargers owning or operating two or more publicly	76634
owned treatment works serving the same political subdivision, as	76635
"treatment works" is defined in section 6111.01 of the Revised	76636
Code, and that serve exclusively political subdivisions having a	76637
population of fewer than one hundred thousand shall pay an annual	76638
discharge fee under division (L)(5)(b) of this section that is	76639
based on the combined average daily discharge flow of the	76640
treatment works.	76641

(c) An NPDES permit holder that is an industrial discharger,	76642
other than a coal mining operator identified by P in the third	76643
character of the permittee's NPDES permit number, shall pay the	76644
fee specified in the following schedule:	76645

Average daily	Fee due by	76646
discharge flow	January 30,	76647
	~~2010~~ 2012, and	76648
	January 30, ~~2011~~ 2013	76649

5,000 to 49,999	$ 250	76650
50,000 to 250,000	1,200	76651
250,001 to 1,000,000	2,950	76652
1,000,001 to 5,000,000	5,850	76653
5,000,001 to 10,000,000	8,800	76654
10,000,001 to 20,000,000	11,700	76655
20,000,001 to 100,000,000	14,050	76656
100,000,001 to 250,000,000	16,400	76657
250,000,001 or more	18,700	76658

In addition to the fee specified in the above schedule, an	76659
NPDES permit holder that is an industrial discharger classified as	76660
a major discharger during all or part of the annual discharge fee	76661
billing year specified in division (L)(5)(a)(ii) of this section	76662
shall pay a nonrefundable annual surcharge of seven thousand five	76663
hundred dollars not later than January 30, ~~2010~~2012, and not	76664
later than January 30, ~~2011~~2013. Any person who fails to pay the	76665
surcharge at that time shall pay an additional amount that equals	76666
ten per cent of the amount of the surcharge.	76667

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	76668
section, a public discharger identified by I in the third	76669
character of the permittee's NPDES permit number and an industrial	76670
discharger identified by I, J, L, V, W, X, Y, or Z in the third	76671
character of the permittee's NPDES permit number shall pay a	76672
nonrefundable annual discharge fee of one hundred eighty dollars	76673
not later than January 30, ~~2010~~2012, and not later than January	76674
30, ~~2011~~2013. Any person who fails to pay the fee at that time	76675
shall pay an additional amount that equals ten per cent of the	76676
required fee.	76677

(6) Each person obtaining a national pollutant discharge	76678
elimination system general or individual permit for municipal	76679
storm water discharge shall pay a nonrefundable storm water	76680
discharge fee of one hundred dollars per square mile of area	76681
permitted. The fee shall not exceed ten thousand dollars and shall	76682
be payable on or before January 30, 2004, and the thirtieth day of	76683
January of each year thereafter. Any person who fails to pay the	76684
fee on the date specified in division (L)(6) of this section shall	76685
pay an additional amount per year equal to ten per cent of the	76686
annual fee that is unpaid.	76687

(7) The director shall transmit all moneys collected under	76688
division (L) of this section to the treasurer of state for deposit	76689
into the state treasury to the credit of the surface water	76690
protection fund created in section 6111.038 of the Revised Code.	76691

(8) As used in division (L) of this section:

76692

(a) "NPDES" means the federally approved national pollutant	76693
discharge elimination system program for issuing, modifying,	76694
revoking, reissuing, terminating, monitoring, and enforcing	76695
permits and imposing and enforcing pretreatment requirements under	76696
Chapter 6111. of the Revised Code and rules adopted under it.	76697

(b) "Public discharger" means any holder of an NPDES permit	76698
identified by P in the second character of the NPDES permit number	76699
assigned by the director.	76700

(c) "Industrial discharger" means any holder of an NPDES	76701
permit identified by I in the second character of the NPDES permit	76702
number assigned by the director.	76703

(d) "Major discharger" means any holder of an NPDES permit	76704
classified as major by the regional administrator of the United	76705
States environmental protection agency in conjunction with the	76706
director.	76707

(M) Through June 30, ~~2012~~2014, a person applying for a	76708
license or license renewal to operate a public water system under	76709
section 6109.21 of the Revised Code shall pay the appropriate fee	76710
established under this division at the time of application to the	76711
director. Any person who fails to pay the fee at that time shall	76712
pay an additional amount that equals ten per cent of the required	76713
fee. The director shall transmit all moneys collected under this	76714
division to the treasurer of state for deposit into the drinking	76715
water protection fund created in section 6109.30 of the Revised	76716
Code.	76717

Except as provided in division (M)(4) of this section, fees	76718
required under this division shall be calculated and paid in	76719
accordance with the following schedule:	76720

(1) For the initial license required under division (A)(1) of	76721
section 6109.21 of the Revised Code for any public water system	76722
that is a community water system as defined in section 6109.01 of	76723
the Revised Code, and for each license renewal required for such a	76724
system prior to January 31, ~~2012~~2014, the fee is:	76725

Number of service connections		Fee amount	76726
	Not more than 49	$ 112	76727
	50 to 99	176	76728

Number of service connections		Average cost per connection	76729
	100 to 2,499	$ 1.92	76730
	2,500 to 4,999	1.48	76731
	5,000 to 7,499	1.42	76732
	7,500 to 9,999	1.34	76733
	10,000 to 14,999	1.16	76734
	15,000 to 24,999	1.10	76735
	25,000 to 49,999	1.04	76736
	50,000 to 99,999	.92	76737
	100,000 to 149,999	.86	76738
	150,000 to 199,999	.80	76739
	200,000 or more	.76	76740

A public water system may determine how it will pay the total	76741
amount of the fee calculated under division (M)(1) of this	76742
section, including the assessment of additional user fees that may	76743
be assessed on a volumetric basis.	76744

As used in division (M)(1) of this section, "service	76745
connection" means the number of active or inactive pipes,	76746
goosenecks, pigtails, and any other fittings connecting a water	76747
main to any building outlet.	76748

(2) For the initial license required under division (A)(2) of	76749
section 6109.21 of the Revised Code for any public water system	76750
that is not a community water system and serves a nontransient	76751
population, and for each license renewal required for such a	76752
system prior to January 31, ~~2012~~2014, the fee is:	76753

Population served	Fee amount	76754
Fewer than 150	$ 112	76755
150 to 299	176	76756
300 to 749	384	76757
750 to 1,499	628	76758
1,500 to 2,999	1,268	76759
3,000 to 7,499	2,816	76760
7,500 to 14,999	5,510	76761
15,000 to 22,499	9,048	76762
22,500 to 29,999	12,430	76763
30,000 or more	16,820	76764

As used in division (M)(2) of this section, "population	76765
served" means the total number of individuals ~~receiving water from~~	76766
having access to the water supply during a twenty-four-hour period	76767
for at least sixty days during any calendar year. In the absence	76768
of a specific population count, that number shall be calculated at	76769
the rate of three individuals per service connection.	76770

(3) For the initial license required under division (A)(3) of	76771
section 6109.21 of the Revised Code for any public water system	76772
that is not a community water system and serves a transient	76773
population, and for each license renewal required for such a	76774
system prior to January 31, ~~2012~~2014, the fee is:	76775

Number of wells or sources, other than surface water, supplying system		Fee amount	76776
	1	$112	76777
	2	112	76778
	3	176	76779
	4	278	76780
	5	568	76781
	System designated as using a		76782
	surface water source	792	76783

As used in division (M)(3) of this section, "number of wells	76784
or sources, other than surface water, supplying system" means	76785
those wells or sources that are physically connected to the	76786
plumbing system serving the public water system.	76787

(4) A public water system designated as using a surface water	76788
source shall pay a fee of seven hundred ninety-two dollars or the	76789
amount calculated under division (M)(1) or (2) of this section,	76790
whichever is greater.	76791

(N)(1) A person applying for a plan approval for a public	76792
water supply system under section 6109.07 of the Revised Code	76793
shall pay a fee of one hundred fifty dollars plus thirty-five	76794
hundredths of one per cent of the estimated project cost, except	76795
that the total fee shall not exceed twenty thousand dollars	76796
through June 30, ~~2012~~2014, and fifteen thousand dollars on and	76797
after July 1, ~~2012~~2014. The fee shall be paid at the time the	76798
application is submitted.	76799

(2) A person who has entered into an agreement with the	76800
director under division (A)(2) of section 6109.07 of the Revised	76801
Code shall pay an administrative service fee for each plan	76802
submitted under that section for approval that shall not exceed	76803
the minimum amount necessary to pay administrative costs directly	76804
attributable to processing plan approvals. The director annually	76805
shall calculate the fee and shall notify all persons that have	76806
entered into agreements under that division, or who have applied	76807
for agreements, of the amount of the fee.	76808

(3) Through June 30, ~~2012~~2014, the following fee, on a per	76809
survey basis, shall be charged any person for services rendered by	76810
the state in the evaluation of laboratories and laboratory	76811
personnel for compliance with accepted analytical techniques and	76812
procedures established pursuant to Chapter 6109. of the Revised	76813
Code for determining the qualitative characteristics of water:	76814

microbiological			76815
	MMO-MUG	$2,000	76816
	MF	2,100	76817
	MMO-MUG and MF	2,550	76818
organic chemical		5,400	76819
trace metals		5,400	76820
standard chemistry		2,800	76821
limited chemistry		1,550	76822

On and after July 1, ~~2012~~2014, the following fee, on a per	76823
survey basis, shall be charged any such person:	76824

microbiological	$ 1,650	76825
organic chemicals	3,500	76826
trace metals	3,500	76827
standard chemistry	1,800	76828
limited chemistry	1,000	76829

The fee for those services shall be paid at the time the request	76830
for the survey is made. Through June 30, ~~2012~~ 2014, an individual	76831
laboratory shall not be assessed a fee under this division more	76832
than once in any three-year period unless the person requests the	76833
addition of analytical methods or analysts, in which case the	76834
person shall pay eighteen hundred dollars for each additional	76835
survey requested.	76836

As used in division (N)(3) of this section:

76837

(a) "MF" means microfiltration.

76838

(b) "MMO" means minimal medium ONPG.

76839

76840

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

76841

The director shall transmit all moneys collected under this	76842
division to the treasurer of state for deposit into the drinking	76843
water protection fund created in section 6109.30 of the Revised	76844
Code.	76845

(O) Any person applying to the director for examination for	76846
certification as an operator of a water supply system or	76847
wastewater system under Chapter 6109. or 6111. of the Revised	76848
Code, at the time the application is submitted, shall pay an	76849
application fee of forty-five dollars through November 30, ~~2012~~	76850
2014, and twenty-five dollars on and after December 1, ~~2012~~2014.	76851
Upon approval from the director that the applicant is eligible to	76852
take the examination therefor, the applicant shall pay a fee in	76853
accordance with the following schedule through November 30, ~~2012~~	76854
2014:	76855

Class A operator	$35	76856
Class I operator	60	76857
Class II operator	75	76858
Class III operator	85	76859
Class IV operator	100	76860

On and after December 1, ~~2012~~2014, the applicant shall pay a	76861
fee in accordance with the following schedule:	76862

Class A operator	$25	76863
Class I operator	$45	76864
Class II operator	55	76865
Class III operator	65	76866
Class IV operator	75	76867

A person shall pay a biennial certification renewal fee for	76868
each applicable class of certification in accordance with the	76869
following schedule:	76870

Class A operator	$25	76871
Class I operator	35	76872
Class II operator	45	76873
Class III operator	55	76874
Class IV operator	65	76875

If a certification renewal fee is received by the director	76876
more than thirty days, but not more than one year after the	76877
expiration date of the certification, the person shall pay a	76878
certification renewal fee in accordance with the following	76879
schedule:	76880

Class A operator	$45	76881
Class I operator	55	76882
Class II operator	65	76883
Class III operator	75	76884
Class IV operator	85	76885

A person who requests a replacement certificate shall pay a	76886
fee of twenty-five dollars at the time the request is made.	76887

The director shall transmit all moneys collected under this	76888
division to the treasurer of state for deposit into the drinking	76889
water protection fund created in section 6109.30 of the Revised	76890
Code.	76891

(P) Any person submitting an application for an industrial	76892
water pollution control certificate under section 6111.31 of the	76893
Revised Code, as that section existed before its repeal by H.B. 95	76894
of the 125th general assembly, shall pay a nonrefundable fee of	76895
five hundred dollars at the time the application is submitted. The	76896
director shall transmit all moneys collected under this division	76897
to the treasurer of state for deposit into the surface water	76898
protection fund created in section 6111.038 of the Revised Code. A	76899
person paying a certificate fee under this division shall not pay	76900
an application fee under division (S)(1) of this section. On and	76901
after June 26, 2003, persons shall file such applications and pay	76902
the fee as required under sections 5709.20 to 5709.27 of the	76903
Revised Code, and proceeds from the fee shall be credited as	76904
provided in section 5709.212 of the Revised Code.	76905

(Q) Except as otherwise provided in division (R) of this	76906
section, a person issued a permit by the director for a new solid	76907
waste disposal facility other than an incineration or composting	76908
facility, a new infectious waste treatment facility other than an	76909
incineration facility, or a modification of such an existing	76910
facility that includes an increase in the total disposal or	76911
treatment capacity of the facility pursuant to Chapter 3734. of	76912
the Revised Code shall pay a fee of ten dollars per thousand cubic	76913
yards of disposal or treatment capacity, or one thousand dollars,	76914
whichever is greater, except that the total fee for any such	76915
permit shall not exceed eighty thousand dollars. A person issued a	76916
modification of a permit for a solid waste disposal facility or an	76917
infectious waste treatment facility that does not involve an	76918
increase in the total disposal or treatment capacity of the	76919
facility shall pay a fee of one thousand dollars. A person issued	76920
a permit to install a new, or modify an existing, solid waste	76921
transfer facility under that chapter shall pay a fee of two	76922
thousand five hundred dollars. A person issued a permit to install	76923
a new or to modify an existing solid waste incineration or	76924
composting facility, or an existing infectious waste treatment	76925
facility using incineration as its principal method of treatment,	76926
under that chapter shall pay a fee of one thousand dollars. The	76927
increases in the permit fees under this division resulting from	76928
the amendments made by Amended Substitute House Bill 592 of the	76929
117th general assembly do not apply to any person who submitted an	76930
application for a permit to install a new, or modify an existing,	76931
solid waste disposal facility under that chapter prior to	76932
September 1, 1987; any such person shall pay the permit fee	76933
established in this division as it existed prior to June 24, 1988.	76934
In addition to the applicable permit fee under this division, a	76935
person issued a permit to install or modify a solid waste facility	76936
or an infectious waste treatment facility under that chapter who	76937
fails to pay the permit fee to the director in compliance with	76938
division (V) of this section shall pay an additional ten per cent	76939
of the amount of the fee for each week that the permit fee is	76940
late.	76941

Permit and late payment fees paid to the director under this	76942
division shall be credited to the general revenue fund.	76943

(R)(1) A person issued a registration certificate for a scrap	76944
tire collection facility under section 3734.75 of the Revised Code	76945
shall pay a fee of two hundred dollars, except that if the	76946
facility is owned or operated by a motor vehicle salvage dealer	76947
licensed under Chapter 4738. of the Revised Code, the person shall	76948
pay a fee of twenty-five dollars.	76949

(2) A person issued a registration certificate for a new	76950
scrap tire storage facility under section 3734.76 of the Revised	76951
Code shall pay a fee of three hundred dollars, except that if the	76952
facility is owned or operated by a motor vehicle salvage dealer	76953
licensed under Chapter 4738. of the Revised Code, the person shall	76954
pay a fee of twenty-five dollars.	76955

(3) A person issued a permit for a scrap tire storage	76956
facility under section 3734.76 of the Revised Code shall pay a fee	76957
of one thousand dollars, except that if the facility is owned or	76958
operated by a motor vehicle salvage dealer licensed under Chapter	76959
4738. of the Revised Code, the person shall pay a fee of fifty	76960
dollars.	76961

(4) A person issued a permit for a scrap tire monocell or	76962
monofill facility under section 3734.77 of the Revised Code shall	76963
pay a fee of ten dollars per thousand cubic yards of disposal	76964
capacity or one thousand dollars, whichever is greater, except	76965
that the total fee for any such permit shall not exceed eighty	76966
thousand dollars.	76967

(5) A person issued a registration certificate for a scrap	76968
tire recovery facility under section 3734.78 of the Revised Code	76969
shall pay a fee of one hundred dollars.	76970

(6) A person issued a permit for a scrap tire recovery	76971
facility under section 3734.78 of the Revised Code shall pay a fee	76972
of one thousand dollars.	76973

(7) In addition to the applicable registration certificate or	76974
permit fee under divisions (R)(1) to (6) of this section, a person	76975
issued a registration certificate or permit for any such scrap	76976
tire facility who fails to pay the registration certificate or	76977
permit fee to the director in compliance with division (V) of this	76978
section shall pay an additional ten per cent of the amount of the	76979
fee for each week that the fee is late.	76980

(8) The registration certificate, permit, and late payment	76981
fees paid to the director under divisions (R)(1) to (7) of this	76982
section shall be credited to the scrap tire management fund	76983
created in section 3734.82 of the Revised Code.	76984

(S)(1) Except as provided by divisions (L), (M), (N), (O),	76985
(P), and (S)(2) of this section, division (A)(2) of section	76986
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	76987
and rules adopted under division (T)(1) of this section, any	76988
person applying for a registration certificate under section	76989
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	76990
variance, or plan approval under Chapter 3734. of the Revised Code	76991
shall pay a nonrefundable fee of fifteen dollars at the time the	76992
application is submitted.	76993

Except as otherwise provided, any person applying for a	76994
permit, variance, or plan approval under Chapter 6109. or 6111. of	76995
the Revised Code shall pay a nonrefundable fee of one hundred	76996
dollars at the time the application is submitted through June 30,	76997
~~2012~~2014, and a nonrefundable fee of fifteen dollars at the time	76998
the application is submitted on and after July 1, ~~2012~~2014.	76999
~~Through~~Except as provided in division (S)(3) of this section,	77000
through June 30, ~~2012~~2014, any person applying for a national	77001
pollutant discharge elimination system permit under Chapter 6111.	77002
of the Revised Code shall pay a nonrefundable fee of two hundred	77003
dollars at the time of application for the permit. On and after	77004
July 1, ~~2012~~2014, such a person shall pay a nonrefundable fee of	77005
fifteen dollars at the time of application.	77006

In addition to the application fee established under division	77007
(S)(1) of this section, any person applying for a national	77008
pollutant discharge elimination system general storm water	77009
construction permit shall pay a nonrefundable fee of twenty	77010
dollars per acre for each acre that is permitted above five acres	77011
at the time the application is submitted. However, the per acreage	77012
fee shall not exceed three hundred dollars. In addition, any	77013
person applying for a national pollutant discharge elimination	77014
system general storm water industrial permit shall pay a	77015
nonrefundable fee of one hundred fifty dollars at the time the	77016
application is submitted.	77017

The director shall transmit all moneys collected under	77018
division (S)(1) of this section pursuant to Chapter 6109. of the	77019
Revised Code to the treasurer of state for deposit into the	77020
drinking water protection fund created in section 6109.30 of the	77021
Revised Code.	77022

The director shall transmit all moneys collected under	77023
division (S)(1) of this section pursuant to Chapter 6111. of the	77024
Revised Code and under division (S)(3) of this section to the	77025
treasurer of state for deposit into the surface water protection	77026
fund created in section 6111.038 of the Revised Code.	77027

If a registration certificate is issued under section	77028
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	77029
the application fee paid shall be deducted from the amount of the	77030
registration certificate fee due under division (R)(1), (2), or	77031
(5) of this section, as applicable.	77032

If a person submits an electronic application for a	77033
registration certificate, permit, variance, or plan approval for	77034
which an application fee is established under division (S)(1) of	77035
this section, the person shall pay the applicable application fee	77036
as expeditiously as possible after the submission of the	77037
electronic application. An application for a registration	77038
certificate, permit, variance, or plan approval for which an	77039
application fee is established under division (S)(1) of this	77040
section shall not be reviewed or processed until the applicable	77041
application fee, and any other fees established under this	77042
division, are paid.	77043

(2) Division (S)(1) of this section does not apply to an	77044
application for a registration certificate for a scrap tire	77045
collection or storage facility submitted under section 3734.75 or	77046
3734.76 of the Revised Code, as applicable, if the owner or	77047
operator of the facility or proposed facility is a motor vehicle	77048
salvage dealer licensed under Chapter 4738. of the Revised Code.	77049

(3) A person applying for coverage under a national pollutant	77050
discharge elimination system general discharge permit for	77051
household sewage treatment systems shall pay the following fees:	77052

(a) A nonrefundable fee of two hundred dollars at the time of	77053
application for initial permit coverage;	77054

(b) A nonrefundable fee of one hundred dollars at the time of	77055
application for a renewal of permit coverage.	77056

(T) The director may adopt, amend, and rescind rules in	77057
accordance with Chapter 119. of the Revised Code that do all of	77058
the following:	77059

(1) Prescribe fees to be paid by applicants for and holders	77060
of any license, permit, variance, plan approval, or certification	77061
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	77062
the Revised Code that are not specifically established in this	77063
section. The fees shall be designed to defray the cost of	77064
processing, issuing, revoking, modifying, denying, and enforcing	77065
the licenses, permits, variances, plan approvals, and	77066
certifications.	77067

The director shall transmit all moneys collected under rules	77068
adopted under division (T)(1) of this section pursuant to Chapter	77069
6109. of the Revised Code to the treasurer of state for deposit	77070
into the drinking water protection fund created in section 6109.30	77071
of the Revised Code.	77072

The director shall transmit all moneys collected under rules	77073
adopted under division (T)(1) of this section pursuant to Chapter	77074
6111. of the Revised Code to the treasurer of state for deposit	77075
into the surface water protection fund created in section 6111.038	77076
of the Revised Code.	77077

(2) Exempt the state and political subdivisions thereof,	77078
including education facilities or medical facilities owned by the	77079
state or a political subdivision, or any person exempted from	77080
taxation by section 5709.07 or 5709.12 of the Revised Code, from	77081
any fee required by this section;	77082

(3) Provide for the waiver of any fee, or any part thereof,	77083
otherwise required by this section whenever the director	77084
determines that the imposition of the fee would constitute an	77085
unreasonable cost of doing business for any applicant, class of	77086
applicants, or other person subject to the fee;	77087

(4) Prescribe measures that the director considers necessary	77088
to carry out this section.	77089

(U) When the director reasonably demonstrates that the direct	77090
cost to the state associated with the issuance of a permit to	77091
install, license, variance, plan approval, or certification	77092
exceeds the fee for the issuance or review specified by this	77093
section, the director may condition the issuance or review on the	77094
payment by the person receiving the issuance or review of, in	77095
addition to the fee specified by this section, the amount, or any	77096
portion thereof, in excess of the fee specified under this	77097
section. The director shall not so condition issuances for which	77098
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	77099
section.	77100

(V) Except as provided in divisions (L), (M), and (P) of this	77101
section or unless otherwise prescribed by a rule of the director	77102
adopted pursuant to Chapter 119. of the Revised Code, all fees	77103
required by this section are payable within thirty days after the	77104
issuance of an invoice for the fee by the director or the	77105
effective date of the issuance of the license, permit, variance,	77106
plan approval, or certification. If payment is late, the person	77107
responsible for payment of the fee shall pay an additional ten per	77108
cent of the amount due for each month that it is late.	77109

(W) As used in this section, "fuel-burning equipment,"	77110
"fuel-burning equipment input capacity," "incinerator,"	77111
"incinerator input capacity," "process," "process weight rate,"	77112
"storage tank," "gasoline dispensing facility," "dry cleaning	77113
facility," "design flow discharge," and "new source treatment	77114
works" have the meanings ascribed to those terms by applicable	77115
rules or standards adopted by the director under Chapter 3704. or	77116
6111. of the Revised Code.	77117

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	77118
and (J) of this section, and in any other provision of this	77119
section pertaining to fees paid pursuant to Chapter 3704. of the	77120
Revised Code:	77121

(1) "Facility," "federal Clean Air Act," "person," and "Title	77122
V permit" have the same meanings as in section 3704.01 of the	77123
Revised Code.	77124

(2) "Title V permit program" means the following activities	77125
as necessary to meet the requirements of Title V of the federal	77126
Clean Air Act and 40 C.F.R. part 70, including at least:	77127

(a) Preparing and adopting, if applicable, generally	77128
applicable rules or guidance regarding the permit program or its	77129
implementation or enforcement;	77130

(b) Reviewing and acting on any application for a Title V	77131
permit, permit revision, or permit renewal, including the	77132
development of an applicable requirement as part of the processing	77133
of a permit, permit revision, or permit renewal;	77134

(c) Administering the permit program, including the	77135
supporting and tracking of permit applications, compliance	77136
certification, and related data entry;	77137

(d) Determining which sources are subject to the program and	77138
implementing and enforcing the terms of any Title V permit, not	77139
including any court actions or other formal enforcement actions;	77140

(e) Emission and ambient monitoring;

77141

(f) Modeling, analyses, or demonstrations;

77142

(g) Preparing inventories and tracking emissions;

77143

(h) Providing direct and indirect support to small business	77144
stationary sources to determine and meet their obligations under	77145
the federal Clean Air Act pursuant to the small business	77146
stationary source technical and environmental compliance	77147
assistance program required by section 507 of that act and	77148
established in sections 3704.18, 3704.19, and 3706.19 of the	77149
Revised Code.	77150

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	77151
of this section, each sewage sludge facility shall pay a	77152
nonrefundable annual sludge fee equal to three dollars and fifty	77153
cents per dry ton of sewage sludge, including the dry tons of	77154
sewage sludge in materials derived from sewage sludge, that the	77155
sewage sludge facility treats or disposes of in this state. The	77156
annual volume of sewage sludge treated or disposed of by a sewage	77157
sludge facility shall be calculated using the first day of January	77158
through the thirty-first day of December of the calendar year	77159
preceding the date on which payment of the fee is due.	77160

(2)(a) Except as provided in division (Y)(2)(d) of this	77161
section, each sewage sludge facility shall pay a minimum annual	77162
sewage sludge fee of one hundred dollars.	77163

(b) The annual sludge fee required to be paid by a sewage	77164
sludge facility that treats or disposes of exceptional quality	77165
sludge in this state shall be thirty-five per cent less per dry	77166
ton of exceptional quality sludge than the fee assessed under	77167
division (Y)(1) of this section, subject to the following	77168
exceptions:	77169

(i) Except as provided in division (Y)(2)(d) of this section,	77170
a sewage sludge facility that treats or disposes of exceptional	77171
quality sludge shall pay a minimum annual sewage sludge fee of one	77172
hundred dollars.	77173

(ii) A sewage sludge facility that treats or disposes of	77174
exceptional quality sludge shall not be required to pay the annual	77175
sludge fee for treatment or disposal in this state of exceptional	77176
quality sludge generated outside of this state and contained in	77177
bags or other containers not greater than one hundred pounds in	77178
capacity.	77179

A thirty-five per cent reduction for exceptional quality	77180
sludge applies to the maximum annual fees established under	77181
division (Y)(3) of this section.	77182

(c) A sewage sludge facility that transfers sewage sludge to	77183
another sewage sludge facility in this state for further treatment	77184
prior to disposal in this state shall not be required to pay the	77185
annual sludge fee for the tons of sewage sludge that have been	77186
transferred. In such a case, the sewage sludge facility that	77187
disposes of the sewage sludge shall pay the annual sludge fee.	77188
However, the facility transferring the sewage sludge shall pay the	77189
one-hundred-dollar minimum fee required under division (Y)(2)(a)	77190
of this section.	77191

In the case of a sewage sludge facility that treats sewage	77192
sludge in this state and transfers it out of this state to another	77193
entity for disposal, the sewage sludge facility in this state	77194
shall be required to pay the annual sludge fee for the tons of	77195
sewage sludge that have been transferred.	77196

(d) A sewage sludge facility that generates sewage sludge	77197
resulting from an average daily discharge flow of less than five	77198
thousand gallons per day is not subject to the fees assessed under	77199
division (Y) of this section.	77200

(3) No sewage sludge facility required to pay the annual	77201
sludge fee shall be required to pay more than the maximum annual	77202
fee for each disposal method that the sewage sludge facility uses.	77203
The maximum annual fee does not include the additional amount that	77204
may be charged under division (Y)(5) of this section for late	77205
payment of the annual sludge fee. The maximum annual fee for the	77206
following methods of disposal of sewage sludge is as follows:	77207

(a) Incineration: five thousand dollars;

77208

(b) Preexisting land reclamation project or disposal in a	77209
landfill: five thousand dollars;	77210

(c) Land application, land reclamation, surface disposal, or	77211
any other disposal method not specified in division (Y)(3)(a) or	77212
(b) of this section: twenty thousand dollars.	77213

(4)(a) In the case of an entity that generates sewage sludge	77214
or a sewage sludge facility that treats sewage sludge and	77215
transfers the sewage sludge to an incineration facility for	77216
disposal, the incineration facility, and not the entity generating	77217
the sewage sludge or the sewage sludge facility treating the	77218
sewage sludge, shall pay the annual sludge fee for the tons of	77219
sewage sludge that are transferred. However, the entity or	77220
facility generating or treating the sewage sludge shall pay the	77221
one-hundred-dollar minimum fee required under division (Y)(2)(a)	77222
of this section.	77223

(b) In the case of an entity that generates sewage sludge and	77224
transfers the sewage sludge to a landfill for disposal or to a	77225
sewage sludge facility for land reclamation or surface disposal,	77226
the entity generating the sewage sludge, and not the landfill or	77227
sewage sludge facility, shall pay the annual sludge fee for the	77228
tons of sewage sludge that are transferred.	77229

(5) Not later than the first day of April of the calendar	77230
year following March 17, 2000, and each first day of April	77231
thereafter, the director shall issue invoices to persons who are	77232
required to pay the annual sludge fee. The invoice shall identify	77233
the nature and amount of the annual sludge fee assessed and state	77234
the first day of May as the deadline for receipt by the director	77235
of objections regarding the amount of the fee and the first day of	77236
July as the deadline for payment of the fee.	77237

Not later than the first day of May following receipt of an	77238
invoice, a person required to pay the annual sludge fee may submit	77239
objections to the director concerning the accuracy of information	77240
regarding the number of dry tons of sewage sludge used to	77241
calculate the amount of the annual sludge fee or regarding whether	77242
the sewage sludge qualifies for the exceptional quality sludge	77243
discount established in division (Y)(2)(b) of this section. The	77244
director may consider the objections and adjust the amount of the	77245
fee to ensure that it is accurate.	77246

If the director does not adjust the amount of the annual	77247
sludge fee in response to a person's objections, the person may	77248
appeal the director's determination in accordance with Chapter	77249
119. of the Revised Code.	77250

Not later than the first day of June, the director shall	77251
notify the objecting person regarding whether the director has	77252
found the objections to be valid and the reasons for the finding.	77253
If the director finds the objections to be valid and adjusts the	77254
amount of the annual sludge fee accordingly, the director shall	77255
issue with the notification a new invoice to the person	77256
identifying the amount of the annual sludge fee assessed and	77257
stating the first day of July as the deadline for payment.	77258

Not later than the first day of July, any person who is	77259
required to do so shall pay the annual sludge fee. Any person who	77260
is required to pay the fee, but who fails to do so on or before	77261
that date shall pay an additional amount that equals ten per cent	77262
of the required annual sludge fee.	77263

(6) The director shall transmit all moneys collected under	77264
division (Y) of this section to the treasurer of state for deposit	77265
into the surface water protection fund created in section 6111.038	77266
of the Revised Code. The moneys shall be used to defray the costs	77267
of administering and enforcing provisions in Chapter 6111. of the	77268
Revised Code and rules adopted under it that govern the use,	77269
storage, treatment, or disposal of sewage sludge.	77270

(7) Beginning in fiscal year 2001, and every two years	77271
thereafter, the director shall review the total amount of moneys	77272
generated by the annual sludge fees to determine if that amount	77273
exceeded six hundred thousand dollars in either of the two	77274
preceding fiscal years. If the total amount of moneys in the fund	77275
exceeded six hundred thousand dollars in either fiscal year, the	77276
director, after review of the fee structure and consultation with	77277
affected persons, shall issue an order reducing the amount of the	77278
fees levied under division (Y) of this section so that the	77279
estimated amount of moneys resulting from the fees will not exceed	77280
six hundred thousand dollars in any fiscal year.	77281

If, upon review of the fees under division (Y)(7) of this	77282
section and after the fees have been reduced, the director	77283
determines that the total amount of moneys collected and	77284
accumulated is less than six hundred thousand dollars, the	77285
director, after review of the fee structure and consultation with	77286
affected persons, may issue an order increasing the amount of the	77287
fees levied under division (Y) of this section so that the	77288
estimated amount of moneys resulting from the fees will be	77289
approximately six hundred thousand dollars. Fees shall never be	77290
increased to an amount exceeding the amount specified in division	77291
(Y)(7) of this section.	77292

Notwithstanding section 119.06 of the Revised Code, the	77293
director may issue an order under division (Y)(7) of this section	77294
without the necessity to hold an adjudicatory hearing in	77295
connection with the order. The issuance of an order under this	77296
division is not an act or action for purposes of section 3745.04	77297
of the Revised Code.	77298

(8) As used in division (Y) of this section:

77299

(a) "Sewage sludge facility" means an entity that performs	77300
treatment on or is responsible for the disposal of sewage sludge.	77301

(b) "Sewage sludge" means a solid, semi-solid, or liquid	77302
residue generated during the treatment of domestic sewage in a	77303
treatment works as defined in section 6111.01 of the Revised Code.	77304
"Sewage sludge" includes, but is not limited to, scum or solids	77305
removed in primary, secondary, or advanced wastewater treatment	77306
processes. "Sewage sludge" does not include ash generated during	77307
the firing of sewage sludge in a sewage sludge incinerator, grit	77308
and screenings generated during preliminary treatment of domestic	77309
sewage in a treatment works, animal manure, residue generated	77310
during treatment of animal manure, or domestic septage.	77311

(c) "Exceptional quality sludge" means sewage sludge that	77312
meets all of the following qualifications:	77313

(i) Satisfies the class A pathogen standards in 40 C.F.R.	77314
503.32(a);	77315

(ii) Satisfies one of the vector attraction reduction	77316
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	77317

(iii) Does not exceed the ceiling concentration limitations	77318
for metals listed in table one of 40 C.F.R. 503.13;	77319

(iv) Does not exceed the concentration limitations for metals	77320
listed in table three of 40 C.F.R. 503.13.	77321

(d) "Treatment" means the preparation of sewage sludge for	77322
final use or disposal and includes, but is not limited to,	77323
thickening, stabilization, and dewatering of sewage sludge.	77324

(e) "Disposal" means the final use of sewage sludge,	77325
including, but not limited to, land application, land reclamation,	77326
surface disposal, or disposal in a landfill or an incinerator.	77327

(f) "Land application" means the spraying or spreading of	77328
sewage sludge onto the land surface, the injection of sewage	77329
sludge below the land surface, or the incorporation of sewage	77330
sludge into the soil for the purposes of conditioning the soil or	77331
fertilizing crops or vegetation grown in the soil.	77332

(g) "Land reclamation" means the returning of disturbed land	77333
to productive use.	77334

(h) "Surface disposal" means the placement of sludge on an	77335
area of land for disposal, including, but not limited to,	77336
monofills, surface impoundments, lagoons, waste piles, or	77337
dedicated disposal sites.	77338

(i) "Incinerator" means an entity that disposes of sewage	77339
sludge through the combustion of organic matter and inorganic	77340
matter in sewage sludge by high temperatures in an enclosed	77341
device.	77342

(j) "Incineration facility" includes all incinerators owned	77343
or operated by the same entity and located on a contiguous tract	77344
of land. Areas of land are considered to be contiguous even if	77345
they are separated by a public road or highway.	77346

(k) "Annual sludge fee" means the fee assessed under division	77347
(Y)(1) of this section.	77348

(l) "Landfill" means a sanitary landfill facility, as defined	77349
in rules adopted under section 3734.02 of the Revised Code, that	77350
is licensed under section 3734.05 of the Revised Code.	77351

(m) "Preexisting land reclamation project" means a	77352
property-specific land reclamation project that has been in	77353
continuous operation for not less than five years pursuant to	77354
approval of the activity by the director and includes the	77355
implementation of a community outreach program concerning the	77356
activity.	77357

Sec. 3746.02. (A) Nothing in this chapter applies to any of	77358
the following:	77359

(1) Property for which a voluntary action under this chapter	77360
is precluded by federal law or regulations adopted under federal	77361
law, including, without limitation, any of the following federal	77362
laws or regulations adopted thereunder:	77363

(a) The "Federal Water Pollution Control Act Amendments of	77364
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;	77365

(b) The "Resource Conservation and Recovery Act of 1976," 90	77366
Stat. 2806, 42 U.S.C.A. 6921, as amended;	77367

(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),	77368
15 U.S.C.A. 2601, as amended;	77369

(d) The "Comprehensive Environmental Response, Compensation,	77370
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as	77371
amended;	77372

(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42	77373
U.S.C.A. 300(f), as amended.	77374

(2) Those portions of property where closure of a hazardous	77375
waste facility or solid waste facility is required under Chapter	77376
3734. of the Revised Code or rules adopted under it;	77377

(3) ~~Property or~~Except for a class C release as defined in	77378
section 3737.87 of the Revised Code, properties regardless of	77379
ownership that are subject to remediation rules adopted under the	77380
authority of the division of fire marshal in the department of	77381
commerce, including remediation rules adopted under sections	77382
3737.88, 3737.882, and 3737.889 of the Revised Code;	77383

(4) Property that is subject to Chapter 1509. of the Revised	77384
Code;	77385

(5) Any other property if the director of environmental	77386
protection has issued a letter notifying the owner or operator of	77387
the property that hethe director will issue an enforcement order	77388
under Chapter 3704., 3734., or 6111. of the Revised Code, a	77389
release or threatened release of a hazardous substance or	77390
petroleum from or at the property poses a substantial threat to	77391
public health or safety or the environment, and the person subject	77392
to the order does not present sufficient evidence to the director	77393
that hethe person has entered into the voluntary action program	77394
under this chapter and is proceeding expeditiously to address that	77395
threat. For the purposes of this division, the evidence	77396
constituting sufficient evidence of entry into the voluntary	77397
action program under this chapter shall be defined by the director	77398
by rules adopted under section 3746.04 of the Revised Code. Until	77399
such time as the director has adopted those rules, the director,	77400
at a minimum, shall consider the existence of a contract with a	77401
certified professional to appropriately respond to the threat	77402
named in the director's letter informing the person of ~~his~~the	77403
director's intent to issue an enforcement order and the	77404
availability of financial resources to complete the contract to be	77405
sufficient evidence of entry into the program.	77406

(B) The application of any provision of division (A) of this	77407
section to a portion of property does not preclude participation	77408
in the voluntary action program under this chapter in connection	77409
with other portions of the property where those provisions do not	77410
apply.	77411

(C) As used in this section, "property" means any parcel of	77412
real property, or portion thereof, and any improvements thereto.	77413

Sec. 3750.081. (A) Notwithstanding any provision in this	77414
chapter to the contrary, an owner or operator of a facility that	77415
is regulated under Chapter 1509. of the Revised Code who has filed	77416
a log in accordance with section 1509.10 of the Revised Code and a	77417
production statement in accordance with section 1509.11 of the	77418
Revised Code shall be deemed to have satisfied all of the	77419
inventory, notification, listing, and other submission and filing	77420
requirements established under this chapter, except for the	77421
release reporting requirements established under section 3750.06	77422
of the Revised Code.	77423

(B) The emergency response commission and every local	77424
emergency planning committee and fire department in this state	77425
shall establish a means by which to access, view, and retrieve	77426
information, through the use of the internet or a computer disk,	77427
from the electronic database maintained by the division of ~~mineral~~	77428
oil and gas resources management in the department of natural	77429
resources in accordance with section 1509.23 of the Revised Code.	77430
With respect to facilities regulated under Chapter 1509. of the	77431
Revised Code, the database shall be the means of providing and	77432
receiving the information described in division (A) of this	77433
section.	77434

Sec. 3767.32. (A) No person, regardless of intent, shall	77435
deposit litter or cause litter to be deposited on any public	77436
property, on private property not owned by ~~him~~the person, or in	77437
or on waters of the state unless one of the following applies:	77438

(1) The person is directed to do so by a public official as	77439
part of a litter collection drive;	77440

(2) Except as provided in division (B) of this section, the	77441
person deposits the litter in a litter receptacle in a manner that	77442
prevents its being carried away by the elements;	77443

(3) The person is issued a permit or license covering the	77444
litter pursuant to Chapter 3734. or 6111. of the Revised Code.	77445

(B) No person, without privilege to do so, shall knowingly	77446
deposit litter, or cause it to be deposited, in a litter	77447
receptacle located on any public property or on any private	77448
property not owned by ~~him~~the person unless one of the following	77449
applies:	77450

(1) The litter was generated or located on the property on	77451
which the litter receptacle is located;	77452

(2) The person is directed to do so by a public official as	77453
part of a litter collection drive;	77454

(3) The person is directed to do so by a person whom hethe	77455
person reasonably believes to have the privilege to use the litter	77456
receptacle;	77457

(4) The litter consists of any of the following:

77458

(a) The contents of a litter bag or container of a type and	77459
size customarily carried and used in a motor vehicle;	77460

(b) The contents of an ash tray of a type customarily	77461
installed or carried and used in a motor vehicle;	77462

(c) Beverage containers and food sacks, wrappings, and	77463
containers of a type and in an amount that reasonably may be	77464
expected to be generated during routine commuting or business or	77465
recreational travel by a motor vehicle;	77466

(d) Beverage containers, food sacks, wrappings, containers,	77467
and other materials of a type and in an amount that reasonably may	77468
be expected to be generated during a routine day by a person and	77469
deposited in a litter receptacle by a casual passerby.	77470

(C)(1) As used in division (B)(1) of this section, "public	77471
property" includes any private property open to the public for the	77472
conduct of business, the provision of a service, or upon the	77473
payment of a fee, but does not include any private property to	77474
which the public otherwise does not have a right of access.	77475

(2) As used in division (B)(4) of this section, "casual	77476
passerby" means a person who does not have depositing litter in a	77477
litter receptacle as ~~his~~the person's primary reason for traveling	77478
to or by the property on which the litter receptacle is located.	77479

(D) As used in this section:

77480

(1) "Litter" means garbage, trash, waste, rubbish, ashes,	77481
cans, bottles, wire, paper, cartons, boxes, automobile parts,	77482
furniture, glass, or anything else of an unsightly or unsanitary	77483
nature.	77484

(2) "Deposit" means to throw, drop, discard, or place.

77485

(3) "Litter receptacle" means a dumpster, trash can, trash	77486
bin, garbage can, or similar container in which litter is	77487
deposited for removal.	77488

(E) This section may be enforced by any sheriff, deputy	77489
sheriff, police officer of a municipal corporation, police	77490
constable or officer of a township, or township or joint police	77491
district, wildlife officer, park officer, forest officer, preserve	77492
officer, conservancy district police officer, inspector of	77493
nuisances of a county, or any other law enforcement officer within	77494
~~his~~the law enforcement officer's jurisdiction.	77495

Sec. 3769.08. (A) Any person holding a permit to conduct a	77496
horse-racing meeting may provide a place in the race meeting	77497
grounds or enclosure at which the permit holder may conduct and	77498
supervise the pari-mutuel system of wagering by patrons of legal	77499
age on the live racing programs and simulcast racing programs	77500
conducted by the permit holder.	77501

The pari-mutuel method of wagering upon the live racing	77502
programs and simulcast racing programs held at or conducted within	77503
such race track, and at the time of such horse-racing meeting, or	77504
at other times authorized by the state racing commission, shall	77505
not be unlawful. No other place, except that provided and	77506
designated by the permit holder and except as provided in section	77507
3769.26 of the Revised Code, nor any other method or system of	77508
betting or wagering, except the pari-mutuel system, shall be used	77509
or permitted by the permit holder; nor, except as provided in	77510
section 3769.089 or 3769.26 of the Revised Code, shall the	77511
pari-mutuel system of wagering be conducted by the permit holder	77512
on any races except the races at the race track, grounds, or	77513
enclosure for which the person holds a permit. Each permit holder	77514
may retain as a commission an amount not to exceed eighteen per	77515
cent of the total of all moneys wagered.	77516

The pari-mutuel wagering authorized by this section is	77517
subject to sections 3769.25 to 3769.28 of the Revised Code.	77518

(B) At the close of each racing day, each permit holder	77519
authorized to conduct thoroughbred racing, out of the amount	77520
retained on that day by the permit holder, shall pay by check,	77521
draft, or money order to the tax commissioner, as a tax, a sum	77522
equal to the following percentages of the total of all moneys	77523
wagered on live racing programs on that day and shall separately	77524
compute and pay by check, draft, or money order to the tax	77525
commissioner, as a tax, a sum equal to the following percentages	77526
of the total of all money wagered on simulcast racing programs on	77527
that day:	77528

(1) One per cent of the first two hundred thousand dollars	77529
wagered, or any part of that amount;	77530

(2) Two per cent of the next one hundred thousand dollars	77531
wagered, or any part of that amount;	77532

(3) Three per cent of the next one hundred thousand dollars	77533
wagered, or any part of that amount;	77534

(4) Four per cent of all sums over four hundred thousand	77535
dollars wagered.	77536

Except as otherwise provided in section 3769.089 of the	77537
Revised Code, each permit holder authorized to conduct	77538
thoroughbred racing shall use for purse money a sum equal to fifty	77539
per cent of the pari-mutuel revenues retained by the permit holder	77540
as a commission after payment of the state tax. This fifty per	77541
cent payment shall be in addition to the purse distribution from	77542
breakage specified in this section.	77543

Subject to division (M) of this section, from the moneys paid	77544
to the tax commissioner by thoroughbred racing permit holders,	77545
one-half of one per cent of the total of all moneys so wagered on	77546
a racing day shall be paid into the Ohio fairs fund created by	77547
section 3769.082 of the Revised Code, one and one-eighth per cent	77548
of the total of all moneys so wagered on a racing day shall be	77549
paid into the Ohio thoroughbred race fund created by section	77550
3769.083 of the Revised Code, and one-quarter of one per cent of	77551
the total of all moneys wagered on a racing day by each permit	77552
holder shall be paid into the state racing commission operating	77553
fund created by section 3769.03 of the Revised Code. The required	77554
payment to the state racing commission operating fund does not	77555
apply to county and independent fairs and agricultural societies.	77556
The remaining moneys may be retained by the permit holder, except	77557
as provided in this section with respect to the odd cents	77558
redistribution. Amounts paid into the ~~PASSPORT~~nursing home	77559
franchise permit fee fund pursuant to this section and section	77560
3769.26 of the Revised Code shall be used solely for the support	77561
of the PASSPORT program as determined in appropriations made by	77562
the general assembly. If the PASSPORT program is abolished, the	77563
amount that would have been paid to the ~~PASSPORT~~nursing home	77564
franchise permit fee fund under this chapter shall be paid to the	77565
general revenue fund of the state. As used in this chapter,	77566
"PASSPORT program" means the PASSPORT program created under	77567
section 173.40 of the Revised Code.	77568

The total amount paid to the Ohio thoroughbred race fund	77569
under this section and division (A) of section 3769.087 of the	77570
Revised Code shall not exceed by more than six per cent the total	77571
amount paid to this fund under this section and that section	77572
during the immediately preceding calendar year.	77573

Each year, the total amount calculated for payment into the	77574
Ohio fairs fund under this division, division (C) of this section,	77575
and division (A) of section 3769.087 of the Revised Code shall be	77576
an amount calculated using the percentages specified in this	77577
division, division (C) of this section, and division (A) of	77578
section 3769.087 of the Revised Code.	77579

A permit holder may contract with a thoroughbred horsemen's	77580
organization for the organization to act as a representative of	77581
all thoroughbred owners and trainers participating in a	77582
horse-racing meeting conducted by the permit holder. A	77583
"thoroughbred horsemen's organization" is any corporation or	77584
association that represents, through membership or otherwise, more	77585
than one-half of the aggregate of all thoroughbred owners and	77586
trainers who were licensed and actively participated in racing	77587
within this state during the preceding calendar year. Except as	77588
otherwise provided in this paragraph, any moneys received by a	77589
thoroughbred horsemen's organization shall be used exclusively for	77590
the benefit of thoroughbred owners and trainers racing in this	77591
state through the administrative purposes of the organization,	77592
benevolent activities on behalf of the horsemen, promotion of the	77593
horsemen's rights and interests, and promotion of equine research.	77594
A thoroughbred horsemen's organization may expend not more than an	77595
aggregate of five per cent of its annual gross receipts, or a	77596
larger amount as approved by the organization, for dues,	77597
assessments, and other payments to all other local, national, or	77598
international organizations having as their primary purposes the	77599
promotion of thoroughbred horse racing, thoroughbred horsemen's	77600
rights, and equine research.	77601

(C) Except as otherwise provided in division (B) of this	77602
section, at the close of each racing day, each permit holder	77603
authorized to conduct harness or quarter horse racing, out of the	77604
amount retained that day by the permit holder, shall pay by check,	77605
draft, or money order to the tax commissioner, as a tax, a sum	77606
equal to the following percentages of the total of all moneys	77607
wagered on live racing programs and shall separately compute and	77608
pay by check, draft, or money order to the tax commissioner, as a	77609
tax, a sum equal to the following percentages of the total of all	77610
money wagered on simulcast racing programs on that day:	77611

(1) One per cent of the first two hundred thousand dollars	77612
wagered, or any part of that amount;	77613

(2) Two per cent of the next one hundred thousand dollars	77614
wagered, or any part of that amount;	77615

(3) Three per cent of the next one hundred thousand dollars	77616
wagered, or any part of that amount;	77617

(4) Four per cent of all sums over four hundred thousand	77618
dollars wagered.	77619

Except as otherwise provided in division (B) and subject to	77620
division (M) of this section, from the moneys paid to the tax	77621
commissioner by permit holders authorized to conduct harness or	77622
quarter horse racing, one-half of one per cent of all moneys	77623
wagered on that racing day shall be paid into the Ohio fairs fund;	77624
from the moneys paid to the tax commissioner by permit holders	77625
authorized to conduct harness racing, five-eighths of one per cent	77626
of all moneys wagered on that racing day shall be paid into the	77627
Ohio standardbred development fund; and from the moneys paid to	77628
the tax commissioner by permit holders authorized to conduct	77629
quarter horse racing, five-eighths of one per cent of all moneys	77630
wagered on that racing day shall be paid into the Ohio quarter	77631
horse development fund.	77632

(D) In addition, subject to division (M) of this section,	77633
beginning on January 1, 1996, from the money paid to the tax	77634
commissioner as a tax under this section and division (A) of	77635
section 3769.087 of the Revised Code by harness horse permit	77636
holders, one-half of one per cent of the amount wagered on a	77637
racing day shall be paid into the Ohio standardbred development	77638
fund. Beginning January 1, 1998, the payment to the Ohio	77639
standardbred development fund required under this division does	77640
not apply to county agricultural societies or independent	77641
agricultural societies.	77642

The total amount paid to the Ohio standardbred development	77643
fund under this division, division (C) of this section, and	77644
division (A) of section 3769.087 of the Revised Code and the total	77645
amount paid to the Ohio quarter horse development fund under this	77646
division and division (A) of that section shall not exceed by more	77647
than six per cent the total amount paid into the fund under this	77648
division, division (C) of this section, and division (A) of	77649
section 3769.087 of the Revised Code in the immediately preceding	77650
calendar year.	77651

(E) Subject to division (M) of this section, from the money	77652
paid as a tax under this chapter by harness and quarter horse	77653
permit holders, one-quarter of one per cent of the total of all	77654
moneys wagered on a racing day by each permit holder shall be paid	77655
into the state racing commission operating fund created by section	77656
3769.03 of the Revised Code. This division does not apply to	77657
county and independent fairs and agricultural societies.	77658

(F) Except as otherwise provided in section 3769.089 of the	77659
Revised Code, each permit holder authorized to conduct harness	77660
racing shall pay to the harness horsemen's purse pool a sum equal	77661
to fifty per cent of the pari-mutuel revenues retained by the	77662
permit holder as a commission after payment of the state tax. This	77663
fifty per cent payment is to be in addition to the purse	77664
distribution from breakage specified in this section.	77665

(G) In addition, each permit holder authorized to conduct	77666
harness racing shall be allowed to retain the odd cents of all	77667
redistribution to be made on all mutual contributions exceeding a	77668
sum equal to the next lowest multiple of ten.	77669

Forty per cent of that portion of that total sum of such odd	77670
cents shall be used by the permit holder for purse money for Ohio	77671
sired, bred, and owned colts, for purse money for Ohio bred	77672
horses, and for increased purse money for horse races. Upon the	77673
formation of the corporation described in section 3769.21 of the	77674
Revised Code to establish a harness horsemen's health and	77675
retirement fund, twenty-five per cent of that portion of that	77676
total sum of odd cents shall be paid at the close of each racing	77677
day by the permit holder to that corporation to establish and fund	77678
the health and retirement fund. Until that corporation is formed,	77679
that twenty-five per cent shall be paid at the close of each	77680
racing day by the permit holder to the tax commissioner or the tax	77681
commissioner's agent in the county seat of the county in which the	77682
permit holder operates race meetings. The remaining thirty-five	77683
per cent of that portion of that total sum of odd cents shall be	77684
retained by the permit holder.	77685

(H) In addition, each permit holder authorized to conduct	77686
thoroughbred racing shall be allowed to retain the odd cents of	77687
all redistribution to be made on all mutuel contributions	77688
exceeding a sum equal to the next lowest multiple of ten. Twenty	77689
per cent of that portion of that total sum of such odd cents shall	77690
be used by the permit holder for increased purse money for horse	77691
races. Upon the formation of the corporation described in section	77692
3769.21 of the Revised Code to establish a thoroughbred horsemen's	77693
health and retirement fund, forty-five per cent of that portion of	77694
that total sum of odd cents shall be paid at the close of each	77695
racing day by the permit holder to that corporation to establish	77696
and fund the health and retirement fund. Until that corporation is	77697
formed, that forty-five per cent shall be paid by the permit	77698
holder to the tax commissioner or the tax commissioner's agent in	77699
the county seat of the county in which the permit holder operates	77700
race meetings, at the close of each racing day. The remaining	77701
thirty-five per cent of that portion of that total sum of odd	77702
cents shall be retained by the permit holder.	77703

(I) In addition, each permit holder authorized to conduct	77704
quarter horse racing shall be allowed to retain the odd cents of	77705
all redistribution to be made on all mutuel contributions	77706
exceeding a sum equal to the next lowest multiple of ten, subject	77707
to a tax of twenty-five per cent on that portion of the total sum	77708
of such odd cents that is in excess of two thousand dollars during	77709
a calendar year, which tax shall be paid at the close of each	77710
racing day by the permit holder to the tax commissioner or the tax	77711
commissioner's agent in the county seat of the county within which	77712
the permit holder operates race meetings. Forty per cent of that	77713
portion of that total sum of such odd cents shall be used by the	77714
permit holder for increased purse money for horse races. The	77715
remaining thirty-five per cent of that portion of that total sum	77716
of odd cents shall be retained by the permit holder.	77717

(J)(1) To encourage the improvement of racing facilities for	77718
the benefit of the public, breeders, and horse owners, and to	77719
increase the revenue to the state from the increase in pari-mutuel	77720
wagering resulting from those improvements, the taxes paid by a	77721
permit holder to the state as provided for in this chapter shall	77722
be reduced by three-fourths of one per cent of the total amount	77723
wagered for those permit holders who make capital improvements to	77724
existing race tracks or construct new race tracks. The percentage	77725
of the reduction that may be taken each racing day shall equal	77726
seventy-five per cent of the taxes levied under divisions (B) and	77727
(C) of this section and section 3769.087 of the Revised Code, and	77728
division (F)(2) of section 3769.26 of the Revised Code, as	77729
applicable, divided by the calculated amount each fund should	77730
receive under divisions (B) and (C) of this section and section	77731
3769.087 of the Revised Code, and division (F)(2) of section	77732
3769.26 of the Revised Code and the reduction provided for in this	77733
division. If the resulting percentage is less than one, that	77734
percentage shall be multiplied by the amount of the reduction	77735
provided for in this division. Otherwise, the permit holder shall	77736
receive the full reduction provided for in this division. The	77737
amount of the allowable reduction not received shall be carried	77738
forward and applied against future tax liability. After any	77739
reductions expire, any reduction carried forward shall be treated	77740
as a reduction as provided for in this division.	77741

If more than one permit holder is authorized to conduct	77742
racing at the facility that is being built or improved, the cost	77743
of the new race track or capital improvement shall be allocated	77744
between or among all the permit holders in the ratio that the	77745
permit holders' number of racing days bears to the total number of	77746
racing days conducted at the facility.	77747

A reduction for a new race track or a capital improvement	77748
shall start from the day racing is first conducted following the	77749
date actual construction of the new race track or each capital	77750
improvement is completed and the construction cost has been	77751
approved by the racing commission, unless otherwise provided in	77752
this section. A reduction for a new race track or a capital	77753
improvement shall continue for a period of twenty-five years for	77754
new race tracks and for fifteen years for capital improvements if	77755
the construction of the capital improvement or new race track	77756
commenced prior to March 29, 1988, and for a period of ten years	77757
for new race tracks or capital improvements if the construction of	77758
the capital improvement or new race track commenced on or after	77759
March 29, 1988, but before ~~the effective date of this amendment~~	77760
June 6, 2001, or until the total tax reduction reaches seventy per	77761
cent of the approved cost of the new race track or capital	77762
improvement, as allocated to each permit holder, whichever occurs	77763
first. A reduction for a new race track or a capital improvement	77764
approved after ~~the effective date of this amendment~~June 6, 2001,	77765
shall continue until the total tax reduction reaches one hundred	77766
per cent of the approved cost of the new race track or capital	77767
improvement, as allocated to each permit holder.	77768

A reduction granted for a new race track or a capital	77769
improvement, the application for which was approved by the racing	77770
commission after March 29, 1988, but before ~~the effective date of~~	77771
~~this amendment~~June 6, 2001, shall not commence nor shall the	77772
ten-year period begin to run until all prior tax reductions with	77773
respect to the same race track have ended. The total tax reduction	77774
because of capital improvements shall not during any one year	77775
exceed for all permit holders using any one track three-fourths of	77776
one per cent of the total amount wagered, regardless of the number	77777
of capital improvements made. Several capital improvements to a	77778
race track may be consolidated in an application if the racing	77779
commission approved the application prior to March 29, 1988. No	77780
permit holder may receive a tax reduction for a capital	77781
improvement approved by the racing commission on or after March	77782
29, 1988, at a race track until all tax reductions have ended for	77783
all prior capital improvements approved by the racing commission	77784
under this section or section 3769.20 of the Revised Code at that	77785
race track. If there are two or more permit holders operating	77786
meetings at the same track, they may consolidate their	77787
applications. The racing commission shall notify the tax	77788
commissioner when the reduction of tax begins and when it ends.	77789

Each fiscal year the racing commission shall submit a report	77790
to the tax commissioner, the office of budget and management, and	77791
the legislative service commission. The report shall identify each	77792
capital improvement project undertaken under this division and in	77793
progress at each race track, indicate the total cost of each	77794
project, state the tax reduction that resulted from each project	77795
during the immediately preceding fiscal year, estimate the tax	77796
reduction that will result from each project during the current	77797
fiscal year, state the total tax reduction that resulted from all	77798
such projects at all race tracks during the immediately preceding	77799
fiscal year, and estimate the total tax reduction that will result	77800
from all such projects at all race tracks during the current	77801
fiscal year.	77802

(2) In order to qualify for the reduction in tax, a permit	77803
holder shall apply to the racing commission in such form as the	77804
commission may require and shall provide full details of the new	77805
race track or capital improvement, including a schedule for its	77806
construction and completion, and set forth the costs and expenses	77807
incurred in connection with it. The racing commission shall not	77808
approve an application unless the permit holder shows that a	77809
contract for the new race track or capital improvement has been	77810
let under an unrestricted competitive bidding procedure, unless	77811
the contract is exempted by the controlling board because of its	77812
unusual nature. In determining whether to approve an application,	77813
the racing commission shall consider whether the new race track or	77814
capital improvement will promote the safety, convenience, and	77815
comfort of the racing public and horse owners and generally tend	77816
towards the improvement of racing in this state.	77817

(3) If a new race track or capital improvement is approved by	77818
the racing commission and construction has started, the tax	77819
reduction may be authorized by the commission upon presentation of	77820
copies of paid bills in excess of one hundred thousand dollars or	77821
ten per cent of the approved cost, whichever is greater. After the	77822
initial authorization, the permit holder shall present copies of	77823
paid bills. If the permit holder is in substantial compliance with	77824
the schedule for construction and completion of the new race track	77825
or capital improvement, the racing commission may authorize the	77826
continuation of the tax reduction upon the presentation of the	77827
additional paid bills. The total amount of the tax reduction	77828
authorized shall not exceed the percentage of the approved cost of	77829
the new race track or capital improvement specified in division	77830
(J)(1) of this section. The racing commission may terminate any	77831
tax reduction immediately if a permit holder fails to complete the	77832
new race track or capital improvement, or to substantially comply	77833
with the schedule for construction and completion of the new race	77834
track or capital improvement. If a permit holder fails to complete	77835
a new race track or capital improvement, the racing commission	77836
shall order the permit holder to repay to the state the total	77837
amount of tax reduced. The normal tax paid by the permit holder	77838
shall be increased by three-fourths of one per cent of the total	77839
amount wagered until the total amount of the additional tax	77840
collected equals the total amount of tax reduced.	77841

(4) As used in this section:

77842

(a) "Capital improvement" means an addition, replacement, or	77843
remodeling of a structural unit of a race track facility costing	77844
at least one hundred thousand dollars, including, but not limited	77845
to, the construction of barns used exclusively for the race track	77846
facility, backstretch facilities for horsemen, paddock facilities,	77847
new pari-mutuel and totalizator equipment and appurtenances to	77848
that equipment purchased by the track, new access roads, new	77849
parking areas, the complete reconstruction, reshaping, and	77850
leveling of the racing surface and appurtenances, the installation	77851
of permanent new heating or air conditioning, roof replacement or	77852
restoration, installations of a permanent nature forming a part of	77853
the track structure, and construction of buildings that are	77854
located on a permit holder's premises. "Capital improvement" does	77855
not include the cost of replacement of equipment that is not	77856
permanently installed, ordinary repairs, painting, and maintenance	77857
required to keep a race track facility in ordinary operating	77858
condition.	77859

(b) "New race track" includes the reconstruction of a race	77860
track damaged by fire or other cause that has been declared by the	77861
racing commission, as a result of the damage, to be an inadequate	77862
facility for the safe operation of horse racing.	77863

(c) "Approved cost" includes all debt service and interest	77864
costs that are associated with a capital improvement or new race	77865
track and that the racing commission approves for a tax reduction	77866
under division (J) of this section.	77867

(5) The racing commission shall not approve an application	77868
for a tax reduction under this section if it has reasonable cause	77869
to believe that the actions or negligence of the permit holder	77870
substantially contributed to the damage suffered by the track due	77871
to fire or other cause. The racing commission shall obtain any	77872
data or information available from a fire marshal, law enforcement	77873
official, or insurance company concerning any fire or other damage	77874
suffered by a track, prior to approving an application for a tax	77875
reduction.	77876

(6) The approved cost to which a tax reduction applies shall	77877
be determined by generally accepted accounting principles and	77878
verified by an audit of the permit holder's records upon	77879
completion of the project by the racing commission, or by an	77880
independent certified public accountant selected by the permit	77881
holder and approved by the commission.	77882

(K) No other license or excise tax or fee, except as provided	77883
in sections 3769.01 to 3769.14 of the Revised Code, shall be	77884
assessed or collected from such licensee by any county, township,	77885
district, municipal corporation, or other body having power to	77886
assess or collect a tax or fee. That portion of the tax paid under	77887
this section by permit holders for racing conducted at and during	77888
the course of an agricultural exposition or fair, and that portion	77889
of the tax that would have been paid by eligible permit holders	77890
into the ~~PASSPORT~~nursing home franchise permit fee fund as a	77891
result of racing conducted at and during the course of an	77892
agricultural exposition or fair, shall be deposited into the state	77893
treasury to the credit of the horse racing tax fund, which is	77894
hereby created for the use of the agricultural societies of the	77895
several counties in which the taxes originate. The state racing	77896
commission shall determine eligible permit holders for purposes of	77897
the preceding sentence, taking into account the breed of horse,	77898
the racing dates, the geographic proximity to the fair, and the	77899
best interests of Ohio racing. On the first day of any month on	77900
which there is money in the fund, the tax commissioner shall	77901
provide for payment to the treasurer of each agricultural society	77902
the amount of the taxes collected under this section upon racing	77903
conducted at and during the course of any exposition or fair	77904
conducted by the society.	77905

(L) From the tax paid under this section by harness track	77906
permit holders, the tax commissioner shall pay into the Ohio	77907
thoroughbred race fund a sum equal to a percentage of the amount	77908
wagered upon which the tax is paid. The percentage shall be	77909
determined by the tax commissioner and shall be rounded to the	77910
nearest one-hundredth. The percentage shall be such that, when	77911
multiplied by the amount wagered upon which tax was paid by the	77912
harness track permit holders in the most recent year for which	77913
final figures are available, it results in a sum that	77914
substantially equals the same amount of tax paid by the tax	77915
commissioner during that year into the Ohio fairs fund from taxes	77916
paid by thoroughbred permit holders. This division does not apply	77917
to county and independent fairs and agricultural societies.	77918

(M) Twenty-five per cent of the taxes levied on thoroughbred	77919
racing permit holders, harness racing permit holders, and quarter	77920
horse racing permit holders under this section, division (A) of	77921
section 3769.087 of the Revised Code, and division (F)(2) of	77922
section 3769.26 of the Revised Code shall be paid into the	77923
~~PASSPORT~~nursing home franchise permit fee fund. The tax	77924
commissioner shall pay any money remaining, after the payment into	77925
the ~~PASSPORT~~nursing home franchise permit fee fund and the	77926
reductions provided for in division (J) of this section and in	77927
section 3769.20 of the Revised Code, into the Ohio fairs fund,	77928
Ohio thoroughbred race fund, Ohio standardbred development fund,	77929
Ohio quarter horse fund, and state racing commission operating	77930
fund as prescribed in this section and division (A) of section	77931
3769.087 of the Revised Code. The tax commissioner shall	77932
thereafter use and apply the balance of the money paid as a tax by	77933
any permit holder to cover any shortage in the accounts of such	77934
funds resulting from an insufficient payment as a tax by any other	77935
permit holder. The moneys received by the tax commissioner shall	77936
be deposited weekly and paid by the tax commissioner into the	77937
funds to cover the total aggregate amount due from all permit	77938
holders to the funds, as calculated under this section and	77939
division (A) of section 3769.087 of the Revised Code, as	77940
applicable. If, after the payment into the ~~PASSPORT~~nursing home	77941
franchise permit fee fund, sufficient funds are not available from	77942
the tax deposited by the tax commissioner to pay the required	77943
amounts into the Ohio fairs fund, Ohio standardbred development	77944
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	77945
the state racing commission operating fund, the tax commissioner	77946
shall prorate on a proportional basis the amount paid to each of	77947
the funds. Any shortage to the funds as a result of a proration	77948
shall be applied against future deposits for the same calendar	77949
year when funds are available. After this application, the tax	77950
commissioner shall pay any remaining money paid as a tax by all	77951
permit holders into the ~~PASSPORT~~nursing home franchise permit fee	77952
fund. This division does not apply to permit holders conducting	77953
racing at the course of an agricultural exposition or fair as	77954
described in division (K) of this section.	77955

Sec. 3769.20. (A) To encourage the renovation of existing	77956
racing facilities for the benefit of the public, breeders, and	77957
horse owners and to increase the revenue to the state from the	77958
increase in pari-mutuel wagering resulting from such improvement,	77959
the taxes paid by a permit holder to the state, in excess of the	77960
amount paid into the ~~PASSPORT~~nursing home franchise permit fee	77961
fund, shall be reduced by one per cent of the total amount wagered	77962
for those permit holders who carry out a major capital improvement	77963
project. The percentage of the reduction that may be taken each	77964
racing day shall equal seventy-five per cent of the amount of the	77965
taxes levied under divisions (B) and (C) of section 3769.08,	77966
section 3769.087, and division (F)(2) of section 3769.26 of the	77967
Revised Code, as applicable, divided by the calculated amount each	77968
fund should receive under divisions (B) and (C) of section	77969
3769.08, section 3769.087, and division (F)(2) of section 3769.26	77970
of the Revised Code and the reduction provided for in this	77971
section. If the resulting percentage is less than one, that	77972
percentage shall be multiplied by the amount of the reduction	77973
provided for in this section. Otherwise, the permit holder shall	77974
receive the full reduction provided for in this section. The	77975
amount of the allowable reduction not received shall be carried	77976
forward and added to any other reduction balance and applied	77977
against future tax liability. After any reductions expire, any	77978
reduction carried forward shall be treated as a reduction as	77979
provided for in this section. If the amount of allowable reduction	77980
exceeds the amount of taxes derived from a permit holder, the	77981
amount of the allowable reduction not used may be carried forward	77982
and applied against future tax liability.	77983

If more than one permit holder is authorized to conduct	77984
racing at the facility that is being improved, the cost of the	77985
major capital improvement project shall be allocated between or	77986
among all the permit holders in the ratio that each permit	77987
holder's number of racing days bears to the total number of racing	77988
days conducted at the facility.	77989

A reduction for a major capital improvement project shall	77990
start from the day racing is first conducted following the date on	77991
which the major capital improvement project is completed and the	77992
construction cost has been approved by the state racing	77993
commission, except as otherwise provided in division (E) of this	77994
section, and shall continue until the total tax reduction equals	77995
the cost of the major capital improvement project plus debt	77996
service applicable to the project. In no event, however, shall any	77997
tax reduction, excluding any reduction balances, be permitted	77998
under this section after December 31, ~~2014~~2017. The total tax	77999
reduction because of the major capital improvement project shall	78000
not during any one year exceed for all permit holders using any	78001
one track one per cent of the total amount wagered. The racing	78002
commission shall notify the tax commissioner when the reduction of	78003
tax begins and when it ends.	78004

(B) Each fiscal year, the racing commission shall submit a	78005
report to the tax commissioner, the office of budget and	78006
management, and the legislative service commission. The report	78007
shall identify each capital improvement project undertaken under	78008
this section and in progress at each race track, indicate the	78009
total cost of each project, state the tax reduction that resulted	78010
from each project during the immediately preceding fiscal year,	78011
estimate the tax reduction that will result from each project	78012
during the current fiscal year, state the total tax reduction that	78013
resulted from all such projects at all race tracks during the	78014
immediately preceding fiscal year, and estimate the total tax	78015
reduction that will result from all such projects at all race	78016
tracks during the current fiscal year.	78017

(C) The tax reduction granted pursuant to this section shall	78018
be in addition to any tax reductions for capital improvements and	78019
new race tracks provided for in section 3769.08 of the Revised	78020
Code and approved by the racing commission.	78021

(D) In order to qualify for the reduction in tax, a permit	78022
holder shall apply to the racing commission in such form as the	78023
commission may require and shall provide full details of the major	78024
capital improvement project, including plans and specifications, a	78025
schedule for the project's construction and completion, and a	78026
breakdown of proposed costs. In addition, the permit holder shall	78027
have commenced construction of the major capital improvement	78028
project or shall have had the application for the project approved	78029
by the racing commission prior to March 29, 1988. The racing	78030
commission shall not approve an application unless the permit	78031
holder shows that a contract for the major capital improvement	78032
project has been let under an unrestricted competitive bidding	78033
procedure, unless the contract is exempted by the controlling	78034
board because of its unusual nature. In determining whether to	78035
approve an application, the racing commission shall consider	78036
whether the major capital improvement project will promote the	78037
safety, convenience, and comfort of the racing public and horse	78038
owners and generally tend toward the improvement of racing in this	78039
state.	78040

(E) If the major capital improvement project is approved by	78041
the racing commission and construction has started, the tax	78042
reduction may be authorized by the commission upon presentation of	78043
copies of paid bills in excess of five hundred thousand dollars.	78044
After the initial authorization, the permit holder shall present	78045
copies of paid bills in the amount of not less than five hundred	78046
thousand dollars. If the permit holder is in substantial	78047
compliance with the schedule for construction and completion of	78048
the major capital improvement project, the racing commission may	78049
authorize the continuance of the tax reduction upon the	78050
presentation of the additional paid bills in increments of five	78051
hundred thousand dollars. The racing commission may terminate the	78052
tax reduction if a permit holder fails to complete the major	78053
capital improvement project or fails to comply substantially with	78054
the schedule for construction and completion of the major capital	78055
improvement project. If the time for completion of the major	78056
capital improvement project is delayed by acts of God, strikes, or	78057
the unavailability of labor or materials, the time for completion	78058
as set forth in the schedule shall be extended by the period of	78059
the delay. If a permit holder fails to complete the major capital	78060
improvement project, the racing commission shall order the permit	78061
holder to repay to the state the total amount of tax reduced,	78062
unless the permit holder has spent at least six million dollars on	78063
the project. The normal tax paid by the permit holder under	78064
section 3769.08 of the Revised Code shall be increased by one per	78065
cent of the total amount wagered until the total amount of the	78066
additional tax collected equals the total amount of tax reduced.	78067
Any action taken by the racing commission pursuant to this section	78068
in terminating the tax adjustment or requiring repayment of the	78069
amount of tax reduced shall be subject to Chapter 119. of the	78070
Revised Code.	78071

(F) As used in this section, "major capital improvement	78072
project" means the renovation, reconstruction, or remodeling,	78073
costing at least six million dollars, of a race track facility,	78074
including, but not limited to, the construction of barns used	78075
exclusively for that race track facility, backstretch facilities	78076
for horsemen, paddock facilities, pari-mutuel and totalizator	78077
equipment and appurtenances to that equipment purchased by the	78078
track, new access roads, new parking areas, the complete	78079
reconstruction, reshaping, and leveling of the racing surface and	78080
appurtenances, grandstand enclosure, installation of permanent new	78081
heating or air conditioning, roof replacement, and installations	78082
of a permanent nature forming a part of the track structure.	78083

(G) The cost and expenses to which the tax reduction granted	78084
under this section applies shall be determined by generally	78085
accepted accounting principles and be verified by an audit of the	78086
permit holder's records, upon completion of the major capital	78087
improvement project, either by the racing commission or by an	78088
independent certified public accountant selected by the permit	78089
holder and approved by the commission.	78090

(H) This section and section 3769.201 of the Revised Code	78091
govern any tax reduction granted to a permit holder for the cost	78092
to the permit holder of any cleanup, repair, or improvement	78093
required as a result of damage caused by the 1997 Ohio river flood	78094
to the place, track, or enclosure for which the permit is issued.	78095

Sec. 3769.26. (A)(1) Except as otherwise provided in	78096
division (B) of this section, each track in existence on September	78097
27, 1994, regardless of the number of permit holders authorized to	78098
conduct race meetings at the track, may establish, with the	78099
approval of the state racing commission and the appropriate local	78100
legislative authority, not more than two satellite facilities at	78101
which it may conduct pari-mutuel wagering on horse races conducted	78102
either inside or outside this state and simulcast by a simulcast	78103
host to the satellite facilities.	78104

(2) Prior to a track's establishing satellite facilities	78105
under this section, the permit holders at that track shall agree	78106
among themselves regarding their respective rights and obligations	78107
with respect to those satellite facilities.	78108

(3)(a) Any track that desires to establish a satellite	78109
facility shall provide written notification of its intent to the	78110
state racing commission and to the appropriate local legislative	78111
authority that is required to approve the satellite facility,	78112
together with detailed plans and specifications for the satellite	78113
facility. The commission shall deliver copies of this notification	78114
to all other tracks in this state, and the commission shall,	78115
within forty-five days after receiving the notification, hold a	78116
hearing on the track's intent to establish a satellite facility.	78117
At this hearing the commission shall consider the evidence	78118
presented and determine whether the request for establishment of a	78119
satellite facility shall be approved.	78120

The commission shall not approve a track's request to	78121
establish a satellite facility if the owner of the premises where	78122
the satellite facility is proposed to be located or if the	78123
proposed operator of the satellite facility has been convicted of	78124
or has pleaded guilty to a gambling offense that is a felony or	78125
any other felony under the laws of this state, any other state, or	78126
the United States that the commission determines to be related to	78127
fitness to be the owner of such a premises or to be the operator	78128
of a satellite facility. As used in division (A)(3)(a) of this	78129
section, "gambling offense" has the same meaning as in section	78130
2915.01 of the Revised Code and "operator" means the individual	78131
who is responsible for the day-to-day operations of a satellite	78132
facility. The commission shall conduct a background investigation	78133
on each person who is the owner of a premises where a satellite	78134
facility is proposed to be located or who is proposed to be the	78135
operator or an employee of a satellite facility. The commission	78136
shall adopt rules in accordance with Chapter 119. of the Revised	78137
Code that specify the specific information the commission shall	78138
collect in conducting such a background investigation.	78139

No track shall knowingly contract with a person as the owner	78140
of the premises where a satellite facility is located, or	78141
knowingly employ a person as the operator or an employee of a	78142
satellite facility, who has been convicted of or pleaded guilty to	78143
a gambling offense that is a felony or any other felony under the	78144
laws of this state, any other state, or the United States that the	78145
commission determines to be related to fitness to be the owner of	78146
such a premises or to be the operator or an employee of a	78147
satellite facility. The commission may impose a fine in an amount	78148
not to exceed ten thousand dollars on any track that violates any	78149
of these prohibitions.	78150

(b) Each track that receives the notification described in	78151
division (A)(3)(a) of this section shall notify the commission and	78152
the track that desires to establish the satellite facility, within	78153
thirty days after receiving the notification from the commission,	78154
indicating whether or not it desires to participate in the joint	78155
ownership of the facility. Ownership shall be distributed equally	78156
among the tracks that choose to participate in the joint ownership	78157
of the facility unless the participating tracks agree to and	78158
contract otherwise. Tracks that fail to respond to the commission	78159
and the track that desires to establish the satellite facility	78160
within this thirty-day period regarding the ownership of the	78161
particular satellite facility are not eligible to participate in	78162
its ownership.	78163

(B) If, within three years after September 27, 1994, a track	78164
in existence on September 27, 1994, does not establish both of the	78165
satellite facilities it is authorized to establish under division	78166
(A) of this section, another track, with the approval of the	78167
racing commission, may establish in accordance with this section a	78168
number of additional satellite facilities that does not exceed the	78169
number of satellite facilities that the first track did not	78170
establish. However, no more than fourteen satellite facilities may	78171
be established in this state.	78172

(C) Except as otherwise provided in this division, each	78173
permit holder in this state shall allow the races that it	78174
conducts, and the races conducted outside this state that it	78175
receives as a simulcast host, to be simulcast to all satellite	78176
facilities operating in this state and shall take all action	78177
necessary to supply its simulcast and wagering information to	78178
these satellite facilities. A permit holder at a track where the	78179
average daily amount wagered for all race meetings during calendar	78180
year 1990 did not exceed two hundred fifty thousand dollars may	78181
elect not to simulcast its races to the satellite facilities. If a	78182
permit holder at such a track chooses to simulcast its races to	78183
satellite facilities, it shall allow its races to be simulcast to	78184
all satellite facilities operating in this state. Except as	78185
otherwise provided in this division, each satellite facility shall	78186
receive simulcasts of and conduct pari-mutuel wagering on all live	78187
racing programs being conducted at any track in this state and on	78188
all agreed simulcast racing programs, as provided in division (D)	78189
of section 3769.089 of the Revised Code, conducted in other states	78190
that are received by simulcast in this state, without regard to	78191
the breed of horse competing in the race or the time of day of the	78192
race.	78193

No satellite facility may receive simulcasts of horse races	78194
during the same hours that a county fair or independent fair	78195
located within the same county as the satellite facility is	78196
conducting pari-mutuel wagering on horse races at that county or	78197
independent fair.	78198

Except as otherwise provided in this division, the commission	78199
shall not approve the establishment of a satellite facility within	78200
a radius of fifty miles of any track. The commission may approve	78201
the establishment of a satellite facility at a location within a	78202
radius of at least thirty-five but not more than fifty miles from	78203
one or more tracks if all of the holders of permits issued for	78204
those tracks consent in writing to the establishment of the	78205
satellite facility. The commission may approve the establishment	78206
of a satellite facility at a location within a radius of	78207
thirty-five miles of more than one race track if all holders of	78208
permits issued for those tracks consent in writing to the	78209
establishment of the satellite facility and, if the tracks are	78210
located completely within one county and the proposed satellite	78211
facility will be located within that county, if both the	78212
legislative authority of the municipal corporation in that county	78213
with the largest population, and the appropriate legislative	78214
authority that is required to approve the satellite facility under	78215
division (A)(1) of this section, approve the establishment of the	78216
new satellite facility. The commission may approve the	78217
establishment of a satellite facility at a location within a	78218
radius of less than twenty miles from an existing satellite	78219
facility if the owner of the existing satellite facility consents	78220
in writing to the establishment of the new satellite facility.	78221

A satellite facility shall not receive simulcasts of horse	78222
races conducted outside this state on any day when no simulcast	78223
host is operating.	78224

(D) Each simulcast host is responsible for paying all costs	78225
associated with the up-link for simulcasts. Each satellite	78226
facility is responsible for paying all costs associated with the	78227
reception of simulcasts and the operation of the satellite	78228
facility.	78229

(E) All money wagered at the simulcast host, and all money	78230
wagered at all satellite facilities on races simulcast from the	78231
simulcast host, shall be included in a common pari-mutuel pool at	78232
the simulcast host. Except as otherwise provided in division	78233
(F)(6) of this section, the payment shall be the same for all	78234
winning tickets whether a wager is placed at a simulcast host or a	78235
satellite facility. Wagers placed at a satellite facility shall	78236
conform in denomination, character, terms, conditions, and in all	78237
other respects to wagers placed at the simulcast host for the same	78238
race.	78239

(F)(1) As used in division (F) of this section, "effective	78240
rate" means the effective gross tax percentage applicable at the	78241
simulcast host, determined in accordance with sections 3769.08 and	78242
3769.087 of the Revised Code, after combining the money wagered at	78243
the simulcast host with the money wagered at satellite facilities	78244
on races simulcast from the host track.	78245

(2) For the purposes of calculating the amount of taxes to be	78246
paid and the amount of commissions to be retained by permit	78247
holders, fifty per cent of the amount wagered at satellite	78248
facilities on a live racing program simulcast from a simulcast	78249
host shall be allocated to the permit holder's live race wagering	78250
at that simulcast host that conducts the live racing program, and	78251
fifty per cent of the amount wagered at satellite facilities on	78252
simulcast racing programs conducted outside this state shall be	78253
allocated to, and apportioned equally among, the permit holders	78254
acting as simulcast hosts for the out-of-state simulcast racing	78255
programs. The remainder of the amount wagered at a satellite	78256
facility on races simulcast from a simulcast host shall be	78257
allocated to the satellite facility. In computing the tax due on	78258
the amount allocated to the satellite facility, if there is more	78259
than one simulcast host for out-of-state simulcast racing	78260
programs, the effective rate applied by the satellite facility	78261
shall be the tax rate applicable to the simulcast host that pays	78262
the highest effective rate under section 3769.08 of the Revised	78263
Code on such simulcast racing programs.	78264

(3) The portion of the amount wagered that is allocated to a	78265
simulcast host under division (F)(2) of this section shall be	78266
treated, for the purposes of calculating the amount of taxes to be	78267
paid and commissions to be retained, as having been wagered at the	78268
simulcast host on a live racing program or on a simulcast racing	78269
program. The permit holder at the simulcast host shall pay, by	78270
check, draft, or money order to the state tax commissioner, as a	78271
tax, the tax specified in sections 3769.08 and 3769.087 of the	78272
Revised Code, as applicable, except that the tax shall be	78273
calculated using the effective rate, and the permit holder may	78274
retain as a commission the percentage of the amount wagered as	78275
specified in those sections. From the tax collected, the tax	78276
commissioner shall make distributions to the respective funds, and	78277
in the proper amounts, as required by sections 3769.08 and	78278
3769.087 of the Revised Code, as applicable.	78279

(4) From the portion of the amount wagered that is allocated	78280
to a satellite facility under division (F)(2) of this section, the	78281
satellite facility may retain as a commission the amount specified	78282
in section 3769.08 or 3769.087 of the Revised Code, as applicable.	78283
The portion of the amount wagered that is allocated to a satellite	78284
facility shall be subject to tax at the effective rate as follows:	78285

(a) One per cent of such amount allocated to the satellite	78286
facility shall be paid as a tax each racing day to the tax	78287
commissioner for deposit into the ~~PASSPORT~~nursing home franchise	78288
permit fee fund.	78289

(b) The remaining balance of the taxes calculated at the	78290
effective rate, after payment of the tax specified in division	78291
(F)(4)(a) of this section, shall be retained by the satellite	78292
facility to pay for those costs associated with the reception of	78293
the simulcasts.	78294

(5) From the commission retained by a satellite facility	78295
after the deduction of the tax paid at the effective rate under	78296
division (F)(4) of this section, the satellite facility shall	78297
retain an amount equal to two and three-eighths per cent of the	78298
amount wagered that day on simulcast racing programs and the	78299
balance shall be divided as follows:	78300

(a) One-half shall be paid to the owner of the satellite	78301
facility;	78302

(b) One-half shall be paid to the state racing commission for	78303
deposit into the Ohio combined simulcast horse racing purse fund.	78304

(6) In addition to the commission retained under this	78305
section, a satellite facility shall retain two and one-half per	78306
cent of the amount that would otherwise be paid on each winning	78307
wager unless the retention of this amount would either cause or	78308
add to a minus pool. As used in division (F)(6) of this section,	78309
"minus pool" means a wagering pool in which a winning wager is	78310
paid off at less than one hundred ten per cent of the amount of	78311
the wager. The amount retained shall be paid each racing day to	78312
the tax commissioner for deposit into the ~~PASSPORT~~nursing home	78313
franchise permit fee fund.	78314

(7) At the close of each day, each satellite facility shall	78315
pay, by check, draft, or money order, or by wire transfer of	78316
funds, out of the money retained on that day to the collection and	78317
settlement agent the required fee to be paid by the simulcast host	78318
to the tracks, racing associations, or state regulatory agencies	78319
located outside this state for simulcasts into this state computed	78320
and based on one-half of the amount wagered at the satellite	78321
facility that day on interstate simulcast racing programs.	78322

(G) No license, fee, or excise tax, other than as specified	78323
in division (F)(6) of this section, shall be assessed upon or	78324
collected from a satellite facility, the owners of a satellite	78325
facility, or the holders of permits issued for a track that has	78326
established a satellite facility by any county, township,	78327
municipal corporation, district, or other body having the	78328
authority to assess or collect a tax or fee.	78329

(H) In no case shall that portion of the commissions	78330
designated for purses from satellite facilities be less than that	78331
portion of those commissions designated for purses at the	78332
simulcast host.	78333

(I) It is the intention of the general assembly in enacting	78334
this section not to adversely affect the amounts paid into the	78335
Ohio thoroughbred race fund created under section 3769.083 of the	78336
Revised Code. Therefore, each track that acts as a simulcast host	78337
under this section shall calculate, on a semi-annual basis during	78338
calendar years 1994, 1995, and 1996, its average daily	78339
contribution to the Ohio thoroughbred race fund created under	78340
section 3769.083 of the Revised Code on those days on which the	78341
track conducted live horse racing. If this average daily	78342
contribution to the fund is less than the average daily	78343
contribution from the same track to the fund during the same	78344
six-month period of calendar year 1992, there shall be contributed	78345
to the fund an amount equal to the average daily shortfall	78346
multiplied by the number of days of live racing conducted during	78347
the six-month period in calendar year 1994, 1995, or 1996, as	78348
applicable. The amount of such contribution shall be allocated	78349
among the simulcast host, the purse program at the simulcast host,	78350
and the satellite facilities for which the track served as the	78351
simulcast host, on a pro rata basis in proportion to the amounts	78352
contributed by them to the fund during such six-month period in	78353
calendar year 1994, 1995, or 1996, as applicable.	78354

Sec. 3770.02. (A) Subject to the advice and consent of the	78355
senate, the governor shall appoint a director of the state lottery	78356
commission who shall serve at the pleasure of the governor. The	78357
director shall devote full time to the duties of the office and	78358
shall hold no other office or employment. The director shall meet	78359
all requirements for appointment as a member of the commission and	78360
shall, by experience and training, possess management skills that	78361
equip the director to administer an enterprise of the nature of a	78362
state lottery. The director shall receive an annual salary in	78363
accordance with pay range 48 of section 124.152 of the Revised	78364
Code.	78365

(B)(1) The director shall attend all meetings of the	78366
commission and shall act as its secretary. The director shall keep	78367
a record of all commission proceedings and shall keep the	78368
commission's records, files, and documents at the commission's	78369
principal office. All records of the commission's meetings shall	78370
be available for inspection by any member of the public, upon a	78371
showing of good cause and prior notification to the director.	78372

(2) The director shall be the commission's executive officer	78373
and shall be responsible for keeping all commission records and	78374
supervising and administering the state lottery in accordance with	78375
this chapter, and carrying out all commission rules adopted under	78376
section 3770.03 of the Revised Code.	78377

(C)(1) The director ~~shall~~may appoint an assistant director,	78378
deputy directors of marketing, operations, sales, finance, public	78379
relations, security, and administration, and as many regional	78380
managers as are required. The director may also appoint necessary	78381
professional, technical, and clerical assistants. All such	78382
officers and employees shall be appointed and compensated pursuant	78383
to Chapter 124. of the Revised Code. Regional and assistant	78384
regional managers, sales representatives, and any lottery	78385
executive account representatives shall remain in the unclassified	78386
service.	78387

(2) The director, in consultation with the director of	78388
administrative services, may establish standards of proficiency	78389
and productivity for commission field representatives.	78390

(D) The director shall request the bureau of criminal	78391
identification and investigation, the department of public safety,	78392
or any other state, local, or federal agency to supply the	78393
director with the criminal records of any job applicant and may	78394
periodically request the criminal records of commission employees.	78395
At or prior to the time of making such a request, the director	78396
shall require a job applicant or commission employee to obtain	78397
fingerprint cards prescribed by the superintendent of the bureau	78398
of criminal identification and investigation at a qualified law	78399
enforcement agency, and the director shall cause these fingerprint	78400
cards to be forwarded to the bureau of criminal identification and	78401
investigation and the federal bureau of investigation. The	78402
commission shall assume the cost of obtaining the fingerprint	78403
cards and shall pay to each agency supplying criminal records for	78404
each investigation under this division a reasonable fee, as	78405
determined by the agency.	78406

(E) The director shall license lottery sales agents pursuant	78407
to section 3770.05 of the Revised Code and, when it is considered	78408
necessary, may refuse to grant or may revoke or suspend the	78409
license of any lottery sales agent, consistent with section	78410
3770.05 of the Revised Code.	78411

(F) The director shall confer at least once each month with	78412
the commission, at which time the director shall advise it	78413
regarding the operation and administration of the lottery. The	78414
director shall make available at the request of the commission all	78415
documents, files, and other records pertaining to the operation	78416
and administration of the lottery. The director shall prepare and	78417
make available to the commission each month a complete and	78418
accurate accounting of lottery revenues, prize money disbursements	78419
and the cost of goods and services awarded as prizes, operating	78420
expenses, and all other relevant financial information, including	78421
an accounting of all transfers made from any lottery funds in the	78422
custody of the treasurer of state to benefit education.	78423

(G) The director may enter into contracts for the operation	78424
or promotion of the lottery pursuant to Chapter 125. of the	78425
Revised Code. The director shall enter into a private lottery	78426
management agreement as provided under section 3770.15 of the	78427
Revised Code.	78428

(H)(1) Pursuant to rules adopted by the commission under	78429
section 3770.03 of the Revised Code, the director shall require	78430
any lottery sales agents to either mail directly to the commission	78431
or deposit to the credit of the state lottery fund, in banking	78432
institutions designated by the treasurer of state, net proceeds	78433
due the commission as determined by the director, and to file with	78434
the director or the director's designee reports of their receipts	78435
and transactions in the sale of lottery tickets in the form	78436
required by the director.	78437

(2) Pursuant to rules adopted by the commission under Chapter	78438
119. of the Revised Code, the director may impose penalties for	78439
the failure of a sales agent to transfer funds to the commission	78440
in a timely manner. Penalties may include monetary penalties,	78441
immediate suspension or revocation of a license, or any other	78442
penalty the commission adopts by rule.	78443

(I) The director may arrange for any person, or any banking	78444
institution, to perform functions and services in connection with	78445
the operation of the lottery as the director may consider	78446
necessary to carry out this chapter, and to the extent not	78447
inconsistent with the execution of a private lottery management	78448
agreement under section 3770.15 of the Revised Code.	78449

(J)(1) As used in this chapter, "statewide joint lottery	78450
game" means a lottery game that the commission sells solely within	78451
this state under an agreement with other lottery jurisdictions to	78452
sell the same lottery game solely within their statewide or other	78453
jurisdictional boundaries.	78454

(2) If the governor directs the director to do so, the	78455
director shall enter into an agreement with other lottery	78456
jurisdictions to conduct statewide joint lottery games. If the	78457
governor signs the agreement personally or by means of an	78458
authenticating officer pursuant to section 107.15 of the Revised	78459
Code, the director then may conduct statewide joint lottery games	78460
under the agreement.	78461

(3) The entire net proceeds from any statewide joint lottery	78462
games shall be used to fund elementary, secondary, vocational, and	78463
special education programs in this state.	78464

(4) The commission shall conduct any statewide joint lottery	78465
games in accordance with rules it adopts under division (B)~~(5)~~(4)	78466
of section 3770.03 of the Revised Code.	78467

(K)(1) The director shall enter into an agreement with the	78468
department of alcohol and drug addiction services under which the	78469
department shall provide a program of gambling addiction services	78470
on behalf of the commission. The commission shall pay the costs of	78471
the program provided pursuant to the agreement.	78472

(2) As used in this section, "gambling addiction services"	78473
has the same meaning as in section 3793.01 of the Revised Code.	78474

Sec. 3770.03. (A) The state lottery commission ~~shall~~may	78475
promulgate rules under which a statewide lottery may be conducted,	78476
which includes, and since the original enactment of this section	78477
has included, the authority for the commission to operate video	78478
lottery terminal games. Any reference in this chapter to tickets	78479
shall not be construed to in any way limit the authority of the	78480
commission to operate video lottery terminal games. Nothing in	78481
this chapter shall restrict the authority of the commission to	78482
promulgate rules related to the operation of games utilizing video	78483
lottery terminals as described in section 3770.21 of the Revised	78484
Code. The rules shall be promulgated pursuant to Chapter 119. of	78485
the Revised Code, except that instant game rules shall be	78486
promulgated pursuant to section 111.15 of the Revised Code but are	78487
not subject to division (D) of that section. Subjects covered in	78488
these rules shall include~~, but need not be limited to, the~~	78489
~~following:~~	78490

~~(1) The type of lottery to be conducted;~~

78491

~~(2) The prices of tickets in the lottery;~~

78492

~~(3) The number, nature, and value of prize awards, the manner~~	78493
~~and frequency of prize drawings, and the manner in which prizes~~	78494
~~shall be awarded to holders of winning tickets~~the type of notices	78495
that shall appear on lottery tickets, including one that shall	78496
appear if the word "education" is used in any advertising for a	78497
statewide lottery, which must include information as to the	78498
percentage that lottery profits contribute to all education	78499
funding in the state.	78500

(B) The commission ~~shall~~may promulgate rules, in addition to	78501
those described in division (A) of this section, pursuant to	78502
Chapter 119. of the Revised Code under which a statewide lottery	78503
and statewide joint lottery games may be conducted. Subjects	78504
covered in these rules shall include, but not be limited to, the	78505
following:	78506

(1) The locations at which lottery tickets may be sold and	78507
the manner in which they are to be sold. These rules may authorize	78508
the sale of lottery tickets by commission personnel or other	78509
licensed individuals from traveling show wagons at the state fair,	78510
and at any other expositions the director of the commission	78511
considers acceptable. These rules shall prohibit commission	78512
personnel or other licensed individuals from soliciting from an	78513
exposition the right to sell lottery tickets at that exposition,	78514
but shall allow commission personnel or other licensed individuals	78515
to sell lottery tickets at an exposition if the exposition	78516
requests commission personnel or licensed individuals to do so.	78517
These rules may also address the accessibility of sales agent	78518
locations to commission products in accordance with the "Americans	78519
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101	78520
et seq.	78521

(2) The manner in which lottery sales revenues are to be	78522
collected, including authorization for the director to impose	78523
penalties for failure by lottery sales agents to transfer revenues	78524
to the commission in a timely manner;	78525

(3) ~~The amount of compensation to be paid licensed lottery~~	78526
~~sales agents;~~	78527

~~(4)~~ The substantive criteria for the licensing of lottery	78528
sales agents consistent with section 3770.05 of the Revised Code,	78529
and procedures for revoking or suspending their licenses	78530
consistent with Chapter 119. of the Revised Code. If	78531
circumstances, such as the nonpayment of funds owed by a lottery	78532
sales agent, or other circumstances related to the public safety,	78533
convenience, or trust, require immediate action, the director may	78534
suspend a license without affording an opportunity for a prior	78535
hearing under section 119.07 of the Revised Code.	78536

~~(5)~~(4) Special game rules to implement any agreements signed	78537
by the governor that the director enters into with other lottery	78538
jurisdictions under division (J) of section 3770.02 of the Revised	78539
Code to conduct statewide joint lottery games. The rules shall	78540
require that the entire net proceeds of those games that remain,	78541
after associated operating expenses, prize disbursements, lottery	78542
sales agent bonuses, commissions, and reimbursements, and any	78543
other expenses necessary to comply with the agreements or the	78544
rules are deducted from the gross proceeds of those games, be	78545
transferred to the lottery profits education fund under division	78546
(B) of section 3770.06 of the Revised Code.	78547

~~(6)~~(5) Any other subjects the commission determines are	78548
necessary for the operation of video lottery terminal games,	78549
including the establishment of any fees, fines, or payment	78550
schedules.	78551

(C) Chapter 2915. of the Revised Code does not apply to,	78552
affect, or prohibit lotteries conducted pursuant to this chapter.	78553

(D) The commission may promulgate rules, in addition to those	78554
described in divisions (A) and (B) of this section, that establish	78555
standards governing the display of advertising and celebrity	78556
images on lottery tickets and on other items that are used in the	78557
conduct of, or to promote, the statewide lottery and statewide	78558
joint lottery games. Any revenue derived from the sale of	78559
advertising displayed on lottery tickets and on those other items	78560
shall be considered, for purposes of section 3770.06 of the	78561
Revised Code, to be related proceeds in connection with the	78562
statewide lottery or gross proceeds from statewide joint lottery	78563
games, as applicable.	78564

(E)(1) The commission shall meet with the director at least	78565
once each month and shall convene other meetings at the request of	78566
the chairperson or any five of the members. No action taken by the	78567
commission shall be binding unless at least five of the members	78568
present vote in favor of the action. A written record shall be	78569
made of the proceedings of each meeting and shall be transmitted	78570
forthwith to the governor, the president of the senate, the senate	78571
minority leader, the speaker of the house of representatives, and	78572
the house minority leader.	78573

(2) The director shall present to the commission a report	78574
each month, showing the total revenues, prize disbursements, and	78575
operating expenses of the state lottery for the preceding month.	78576
As soon as practicable after the end of each fiscal year, the	78577
commission shall prepare and transmit to the governor and the	78578
general assembly a report of lottery revenues, prize	78579
disbursements, and operating expenses for the preceding fiscal	78580
year and any recommendations for legislation considered necessary	78581
by the commission.	78582

Sec. 3770.05. (A) As used in this section, "person" means	78583
any person, association, corporation, partnership, club, trust,	78584
estate, society, receiver, trustee, person acting in a fiduciary	78585
or representative capacity, instrumentality of the state or any of	78586
its political subdivisions, or any other combination of	78587
individuals meeting the requirements set forth in this section or	78588
established by rule or order of the state lottery commission.	78589

(B) The director of the state lottery commission may license	78590
any person as a lottery sales agent. No license shall be issued to	78591
any person or group of persons to engage in the sale of lottery	78592
tickets as the person's or group's sole occupation or business.	78593

Before issuing any license to a lottery sales agent, the	78594
director shall consider all of the following:	78595

(1) The financial responsibility and security of the	78596
applicant and the applicant's business or activity;	78597

(2) The accessibility of the applicant's place of business or	78598
activity to the public;	78599

(3) The sufficiency of existing licensed agents to serve the	78600
public interest;	78601

(4) The volume of expected sales by the applicant;

78602

(5) Any other factors pertaining to the public interest,	78603
convenience, or trust.	78604

(C) Except as otherwise provided in division (F) of this	78605
section, the director of the state lottery commission shall refuse	78606
to grant, or shall suspend or revoke, a license if the applicant	78607
or licensee:	78608

(1) Has been convicted of a felony or has been convicted of a	78609
crime involving moral turpitude;	78610

(2) Has been convicted of an offense that involves illegal	78611
gambling;	78612

(3) Has been found guilty of fraud or misrepresentation in	78613
any connection;	78614

(4) Has been found to have violated any rule or order of the	78615
commission; or	78616

(5) Has been convicted of illegal trafficking in supplemental	78617
nutrition assistance program benefits.	78618

(D) Except as otherwise provided in division (F) of this	78619
section, the director of the state lottery commission shall refuse	78620
to grant, or shall suspend or revoke, a license if the applicant	78621
or licensee is a corporation and any of the following applies:	78622

(1) Any of the corporation's directors, officers, or	78623
controlling shareholders has been found guilty of any of the	78624
activities specified in divisions (C)(1) to (5) of this section;	78625

(2) It appears to the director of the state lottery	78626
commission that, due to the experience, character, or general	78627
fitness of any director, officer, or controlling shareholder of	78628
the corporation, the granting of a license as a lottery sales	78629
agent would be inconsistent with the public interest, convenience,	78630
or trust;	78631

(3) The corporation is not the owner or lessee of the	78632
business at which it would conduct a lottery sales agency pursuant	78633
to the license applied for;	78634

(4) Any person, firm, association, or corporation other than	78635
the applicant or licensee shares or will share in the profits of	78636
the applicant or licensee, other than receiving dividends or	78637
distributions as a shareholder, or participates or will	78638
participate in the management of the affairs of the applicant or	78639
licensee.	78640

(E)(1) The director of the state lottery commission shall	78641
refuse to grant a license to an applicant for a lottery sales	78642
agent license and shall revoke a lottery sales agent license if	78643
the applicant or licensee is or has been convicted of a violation	78644
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	78645

(2) The director shall refuse to grant a license to an	78646
applicant for a lottery sales agent license that is a corporation	78647
and shall revoke the lottery sales agent license of a corporation	78648
if the corporation is or has been convicted of a violation of	78649
division (A) or (C)(1) of section 2913.46 of the Revised Code.	78650

(F) The director of the state lottery commission shall	78651
request the bureau of criminal identification and investigation,	78652
the department of public safety, or any other state, local, or	78653
federal agency to supply the director with the criminal records of	78654
any applicant for a lottery sales agent license, and may	78655
periodically request the criminal records of any person to whom a	78656
lottery sales agent license has been issued. At or prior to the	78657
time of making such a request, the director shall require an	78658
applicant or licensee to obtain fingerprint impressions on	78659
fingerprint cards prescribed by the superintendent of the bureau	78660
of criminal identification and investigation at a qualified law	78661
enforcement agency, and the director shall cause those fingerprint	78662
cards to be forwarded to the bureau of criminal identification and	78663
investigation, to the federal bureau of investigation, or to both	78664
bureaus. The commission shall assume the cost of obtaining the	78665
fingerprint cards.	78666

The director shall pay to each agency supplying criminal	78667
records for each investigation a reasonable fee, as determined by	78668
the agency.	78669

The commission may adopt uniform rules specifying time	78670
periods after which the persons described in divisions (C)(1) to	78671
(5) and (D)(1) to (4) of this section may be issued a license and	78672
establishing requirements for those persons to seek a court order	78673
to have records sealed in accordance with law.	78674

(G)(1) Each applicant for a lottery sales agent license shall	78675
do both of the following:	78676

(a) Pay fees to the state lottery commission, ~~at the time the~~	78677
~~application is submitted, a fee in an amount that the director of~~	78678
~~the state lottery commission determines~~if required by rule	78679
adopted by the director under Chapter 119. of the Revised Code and	78680
~~that~~ the controlling board approves the fees;	78681

(b) Prior to approval of the application, obtain a surety	78682
bond in an amount the director determines by rule adopted under	78683
Chapter 119. of the Revised Code or, alternatively, with the	78684
director's approval, deposit the same amount into a dedicated	78685
account for the benefit of the state lottery. The director also	78686
may approve the obtaining of a surety bond to cover part of the	78687
amount required, together with a dedicated account deposit to	78688
cover the remainder of the amount required.	78689

A surety bond may be with any company that complies with the	78690
bonding and surety laws of this state and the requirements	78691
established by rules of the commission pursuant to this chapter. A	78692
dedicated account deposit shall be conducted in accordance with	78693
policies and procedures the director establishes.	78694

A surety bond, dedicated account, or both, as applicable, may	78695
be used to pay for the lottery sales agent's failure to make	78696
prompt and accurate payments for lottery ticket sales, for missing	78697
or stolen lottery tickets, or for damage to equipment or materials	78698
issued to the lottery sales agent, or to pay for expenses the	78699
commission incurs in connection with the lottery sales agent's	78700
license.	78701

(2) A lottery sales agent license is effective for one year.

78702

A licensed lottery sales agent, on or before the date	78703
established by the director, shall renew the agent's license and	78704
provide at that time evidence to the director that the surety	78705
bond, dedicated account deposit, or both, required under division	78706
(G)(1)(b) of this section has been renewed or is active, whichever	78707
applies.	78708

Before the commission renews a lottery sales agent license,	78709
the lottery sales agent shall submit a renewal fee to the	78710
commission ~~in an amount that the director determines~~, if one is	78711
required by rule adopted by the director under Chapter 119. of the	78712
Revised Code and ~~that~~ the controlling board approves the renewal	78713
fee. The renewal fee shall not exceed the actual cost of	78714
administering the license renewal and processing changes reflected	78715
in the renewal application. The renewal of the license is	78716
effective for up to one year.	78717

(3) A lottery sales agent license shall be complete,	78718
accurate, and current at all times during the term of the license.	78719
Any changes to an original license application or a renewal	78720
application may subject the applicant or lottery sales agent, as	78721
applicable, to paying an administrative fee that shall be in an	78722
amount that the director determines by rule adopted under Chapter	78723
119. of the Revised Code, that the controlling board approves, and	78724
that shall not exceed the actual cost of administering and	78725
processing the changes to an application.	78726

(4) The relationship between the commission and a lottery	78727
sales agent is one of trust. A lottery sales agent collects funds	78728
on behalf of the commission through the sale of lottery tickets	78729
for which the agent receives a compensation.	78730

(H) Pending a final resolution of any question arising under	78731
this section, the director of the state lottery commission may	78732
issue a temporary lottery sales agent license, subject to the	78733
terms and conditions the director considers appropriate.	78734

(I) If a lottery sales agent's rental payments for the	78735
lottery sales agent's premises are determined, in whole or in	78736
part, by the amount of retail sales the lottery sales agent makes,	78737
and if the rental agreement does not expressly provide that the	78738
amount of those retail sales includes the amounts the lottery	78739
sales agent receives from lottery ticket sales, only the amounts	78740
the lottery sales agent receives as compensation from the state	78741
lottery commission for selling lottery tickets shall be considered	78742
to be amounts the lottery sales agent receives from the retail	78743
sales the lottery sales agent makes, for the purpose of computing	78744
the lottery sales agent's rental payments.	78745

Sec. 3770.06. (A) There is hereby created the state lottery	78746
gross revenue fund, which shall be in the custody of the treasurer	78747
of state but shall not be part of the state treasury. All gross	78748
revenues received from sales of lottery tickets, fines, fees, and	78749
related proceeds in connection with the statewide lottery and all	78750
gross proceeds from statewide joint lottery games shall be	78751
deposited into the fund. The treasurer of state shall invest any	78752
portion of the fund not needed for immediate use in the same	78753
manner as, and subject to all provisions of law with respect to	78754
the investment of, state funds. The treasurer of state shall	78755
disburse money from the fund on order of the director of the state	78756
lottery commission or the director's designee.	78757

Except for gross proceeds from statewide joint lottery games,	78758
all revenues of the state lottery gross revenue fund that are not	78759
paid to holders of winning lottery tickets, that are not required	78760
to meet short-term prize liabilities, that are not credited to	78761
lottery sales agents in the form of bonuses, commissions, or	78762
reimbursements, that are not paid to financial institutions to	78763
reimburse those institutions for sales agent nonsufficient funds,	78764
that are not paid to a private lottery manager, and that are	78765
collected from sales agents for remittance to insurers under	78766
contract to provide sales agent bonding services shall be	78767
transferred to the state lottery fund, which is hereby created in	78768
the state treasury. In addition, all revenues of the state lottery	78769
gross revenue fund that represent the gross proceeds from the	78770
statewide joint lottery games and that are not paid to holders of	78771
winning lottery tickets, that are not required to meet short-term	78772
prize liabilities, that are not credited to lottery sales agents	78773
in the form of bonuses, commissions, or reimbursements, that are	78774
not paid to a private lottery manager, and that are not necessary	78775
to cover operating expenses associated with those games or to	78776
otherwise comply with the agreements signed by the governor that	78777
the director enters into under division (J) of section 3770.02 of	78778
the Revised Code or the rules the commission adopts under division	78779
(B)~~(5)~~(4) of section 3770.03 of the Revised Code shall be	78780
transferred to the state lottery fund. All investment earnings of	78781
the fund shall be credited to the fund. Moneys shall be disbursed	78782
from the fund pursuant to vouchers approved by the director or the	78783
private lottery manager. Total disbursements for monetary prize	78784
awards to holders of winning lottery tickets in connection with	78785
the statewide lottery and purchases of goods and services awarded	78786
as prizes to holders of winning lottery tickets shall be of an	78787
amount equal to at least fifty per cent of the total revenue	78788
accruing from the sale of lottery tickets.	78789

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	78790
there is hereby established in the state treasury the lottery	78791
profits education fund. Whenever, in the judgment of the director	78792
of budget and management, the amount to the credit of the state	78793
lottery fund that does not represent proceeds from statewide joint	78794
lottery games is in excess of that needed to meet the maturing	78795
obligations of the commission and as working capital for its	78796
further operations, the director shall transfer the excess to the	78797
lottery profits education fund in connection with the statewide	78798
lottery. In addition, whenever, in the judgment of the director of	78799
budget and management, the amount to the credit of the state	78800
lottery fund that represents proceeds from statewide joint lottery	78801
games equals the entire net proceeds of those games as described	78802
in division (B)~~(5)~~(4) of section 3770.03 of the Revised Code and	78803
the rules adopted under that division, the director shall transfer	78804
those proceeds to the lottery profits education fund. There shall	78805
also be credited to the fund any repayments of moneys loaned from	78806
the educational excellence investment fund. Investment earnings of	78807
the lottery profits education fund shall be credited to the fund.	78808

The lottery profits education fund shall be used solely for	78809
the support of elementary, secondary, vocational, and special	78810
education programs as determined in appropriations made by the	78811
general assembly, or as provided in applicable bond proceedings	78812
for the payment of debt service on obligations issued to pay costs	78813
of capital facilities, including those for a system of common	78814
schools throughout the state pursuant to section 2n of Article	78815
VIII, Ohio Constitution. When determining the availability of	78816
money in the lottery profits education fund, the director of	78817
budget and management may consider all balances and estimated	78818
revenues of the fund.	78819

(C) There is hereby established in the state treasury the	78820
deferred prizes trust fund. With the approval of the director of	78821
budget and management, an amount sufficient to fund annuity prizes	78822
shall be transferred from the state lottery fund and credited to	78823
the trust fund. The treasurer of state shall credit all earnings	78824
arising from investments purchased under this division to the	78825
trust fund. Within sixty days after the end of each fiscal year,	78826
the treasurer of state shall certify to the director of budget and	78827
management whether the actuarial amount of the trust fund is	78828
sufficient over the fund's life for continued funding of all	78829
remaining deferred prize liabilities as of the last day of the	78830
fiscal year just ended. Also, within that sixty days, the director	78831
of budget and management shall certify the amount of investment	78832
earnings necessary to have been credited to the trust fund during	78833
the fiscal year just ending to provide for such continued funding	78834
of deferred prizes. Any earnings credited in excess of the latter	78835
certified amount shall be transferred to the lottery profits	78836
education fund.	78837

To provide all or a part of the amounts necessary to fund	78838
deferred prizes awarded by the commission in connection with the	78839
statewide lottery, the treasurer of state, in consultation with	78840
the commission, may invest moneys contained in the deferred prizes	78841
trust fund which represents proceeds from the statewide lottery in	78842
obligations of the type permitted for the investment of state	78843
funds but whose maturities are thirty years or less.	78844
Notwithstanding the requirements of any other section of the	78845
Revised Code, to provide all or part of the amounts necessary to	78846
fund deferred prizes awarded by the commission in connection with	78847
statewide joint lottery games, the treasurer of state, in	78848
consultation with the commission, may invest moneys in the trust	78849
fund which represent proceeds derived from the statewide joint	78850
lottery games in accordance with the rules the commission adopts	78851
under division (B)~~(5)~~(4) of section 3770.03 of the Revised Code.	78852
Investments of the trust fund are not subject to the provisions of	78853
division (A)(10) of section 135.143 of the Revised Code limiting	78854
to twenty-five per cent the amount of the state's total average	78855
portfolio that may be invested in debt interests and limiting to	78856
one-half of one per cent the amount that may be invested in debt	78857
interests of a single issuer.	78858

All purchases made under this division shall be effected on a	78859
delivery versus payment method and shall be in the custody of the	78860
treasurer of state.	78861

The treasurer of state may retain an investment advisor, if	78862
necessary. The commission shall pay any costs incurred by the	78863
treasurer of state in retaining an investment advisor.	78864

(D) The auditor of state shall conduct annual audits of all	78865
funds and any other audits as the auditor of state or the general	78866
assembly considers necessary. The auditor of state may examine all	78867
records, files, and other documents of the commission, and records	78868
of lottery sales agents that pertain to their activities as	78869
agents, for purposes of conducting authorized audits.	78870

The state lottery commission shall establish an internal	78871
audit program before the beginning of each fiscal year, subject to	78872
the approval of the auditor of state. At the end of each fiscal	78873
year, the commission shall prepare and submit an annual report to	78874
the auditor of state for the auditor of state's review and	78875
approval, specifying the internal audit work completed by the end	78876
of that fiscal year and reporting on compliance with the annual	78877
internal audit program. The form and content of the report shall	78878
be prescribed by the auditor of state under division (C) of	78879
section 117.20 of the Revised Code.	78880

(E) Whenever, in the judgment of the director of budget and	78881
management, an amount of net state lottery proceeds is necessary	78882
to be applied to the payment of debt service on obligations, all	78883
as defined in sections 151.01 and 151.03 of the Revised Code, the	78884
director shall transfer that amount directly from the state	78885
lottery fund or from the lottery profits education fund to the	78886
bond service fund defined in those sections. The provisions of	78887
this division are subject to any prior pledges or obligation of	78888
those amounts to the payment of bond service charges as defined in	78889
division (C) of section 3318.21 of the Revised Code, as referred	78890
to in division (B) of this section.	78891

Sec. 3770.15. (A) The director of the state lottery	78892
commission shall enter into an agreement with a private lottery	78893
manager that agrees to manage the day-to-day operations of the	78894
state lottery commission in exchange for a negotiated management	78895
fee. The director shall execute the initial private lottery	78896
management agreement by June 1, 2012. The private lottery manager	78897
shall be responsible for executing a business plan for lottery	78898
operations. The business plan shall cover the following	78899
activities:	78900

(1) Design and introduction of lottery games;

78901

(2) Marketing and advertising;

78902

(3) The selection, supervision, and compensation of lottery	78903
sales agents licensed by the director under section 3770.05 of the	78904
Revised Code;	78905

(4) The acquisition, provision, and maintenance of goods and	78906
services, including lottery vending machines and equipment, that	78907
are necessary to the operation and administration of the lottery;	78908

(5) The investigation of the suitability of all lottery sales	78909
agents and vendors, including a procedure for performing criminal	78910
background checks and credit reviews using the criteria set forth	78911
in divisions (B) and (C) of section 3770.05 of the Revised Code;	78912

(6) The verification of winning tickets and the payout of	78913
lottery prizes;	78914

(7) The implementation of security measures and internal	78915
audits and controls;	78916

(8) Subject to the approval of the state lottery commission	78917
and controlling board, such other activities previously performed	78918
by the director that the director and private lottery manager	78919
mutually agree may be performed by the private lottery manager.	78920

The private lottery management agreement, and any renewal of	78921
the agreement, shall be subject to the approval of the state	78922
lottery commission and the controlling board. The private lottery	78923
management agreement shall not become effective until it has been	78924
approved by the commission and the controlling board. The term of	78925
the initial private lottery management agreement entered into by	78926
the director shall be ten years and the term of any subsequent	78927
private lottery management agreement shall not be less than ten	78928
years or more than twenty years. The private lottery management	78929
agreement shall contain a provision allowing for the early	78930
termination of the agreement for cause.	78931

(B) The management fee for the private lottery manager,	78932
including any performance-based incentive payment, shall be paid	78933
from the state lottery gross revenue fund. The total amount of	78934
compensation to be paid to the private lottery manager in any	78935
twelve-month period shall not exceed five per cent of the total	78936
revenues accruing from the sale of lottery tickets, fees, fines,	78937
or related proceeds, minus (1) the payment of prizes and retailer	78938
bonuses and (2) the payment of costs incurred in the operation and	78939
administration of the lottery, excluding the compensation to be	78940
paid to the private lottery manager.	78941

(C) Before entering into a private lottery management	78942
agreement, the director, subject to the approval of the state	78943
lottery commission and the controlling board, shall retain the	78944
services of qualified advisors to assist the director in designing	78945
and executing an appropriate qualifications-based selection	78946
process. The advisors shall have significant prior experience in	78947
lottery management or lottery management consulting and shall be	78948
capable of providing financial, accounting, legal, and project	78949
management advice. No advisor or any affiliate of an advisor shall	78950
be eligible to enter into a private lottery management agreement	78951
with the director and no entity in which an advisor or an	78952
affiliate of an advisor has an interest shall be eligible to enter	78953
into a private lottery management agreement.	78954

(D) The director shall issue a request for qualifications and	78955
advertise the state lottery commission's intent to retain a	78956
private lottery manager electronically and in any other	78957
commercially reasonable manner. The request for qualifications	78958
shall include a statement of the scope of the management services	78959
to be provided, a description of the required minimum	78960
qualifications, the evaluation criteria that will be used to	78961
select the most qualified manager, and the baseline level of net	78962
lottery profits that the private lottery manager shall exceed. The	78963
deadline for responding to the initial request for qualifications	78964
for a private lottery manager shall be by October 15, 2011. The	78965
request for qualifications shall solicit information regarding	78966
each of the following components:	78967

(1) Competence to perform the required management services as	78968
indicated by the technical training, education, and experience of	78969
employees who would be assigned to perform the services;	78970

(2) Ability, in terms of the offeror's workload and the	78971
availability of qualified personnel, equipment, and facilities, to	78972
perform the required lottery management services competently and	78973
expeditiously;	78974

(3) Past performance as reflected by demonstrated success in	78975
managing lotteries of comparable size and scope;	78976

(4) Any civil or criminal proceedings in which the offeror or	78977
any officer, director, or supervisor of the offeror has been	78978
convicted of a crime or has been found liable for fraud or	78979
misrepresentation in a judgment in excess of fifty thousand	78980
dollars;	78981

(5) Financial responsibility, as evidenced by the capability	78982
of the offeror to provide a letter of credit under Chapter 1305.	78983
of the Revised Code, a surety bond, or other reasonable financial	78984
assurance to secure the performance of the offeror's obligations	78985
under the private lottery management agreement;	78986

(6) Any other relevant factors as determined by the director	78987
and the advisors.	78988

(E) The director, in consultation with the advisors, shall	78989
evaluate the statements of qualifications submitted in response to	78990
a request for qualifications and may hold discussions with the	78991
responding offerors to explore further the offerors' statements of	78992
qualifications, the scope and nature of the services the offeror	78993
would provide, and the various approaches the offeror may take in	78994
providing private lottery management services. The evaluation	78995
shall include a thorough background and suitability check of each	78996
offeror, including a credit review, to determine if the offeror or	78997
any officer, director, or supervisor of the offeror has been	78998
convicted in any jurisdiction of a felony or of a misdemeanor of	78999
the first, second, or third degree, involving gambling, fraud,	79000
misrepresentation, theft, or any crime involving moral turpitude,	79001
or has been subject to an unfavorable judgment in any civil action	79002
based upon the offeror's, officer's, director's, or employee's	79003
business relationships. Upon completion of this evaluation, the	79004
director and advisors shall do the following:	79005

(1) Select and rank the offerors in terms of the offerors'	79006
qualifications to provide the required lottery management	79007
services;	79008

(2) Invite not fewer than two of the offerors ranked as most	79009
qualified to submit a proposed business plan for managing the	79010
lottery's operations, including a transition plan for personnel,	79011
facilities, equipment, and existing contracts with lottery sales	79012
agents and vendors, and a proposed compensation plan that	79013
separately identifies the base management fee, any	79014
performance-based incentives, and any reimbursable expenses not	79015
included in the base fee;	79016

(3) Verify references provided by the offeror and interview a	79017
senior official or employee of at least three lotteries that have	79018
utilized the offeror's services;	79019

(4) Determine the offeror whose proposal delivers the highest	79020
return to the state and has most convincingly demonstrated, in the	79021
judgment of the director and advisors, the ability to effectively	79022
manage the lottery and successfully execute the business plan and	79023
thereby provide the greatest value to the state;	79024

(5) Recommend to the state lottery commission and the	79025
controlling board the offeror to be awarded the private lottery	79026
management agreement and seek the commission's approval of the	79027
recommended offeror's business plan.	79028

(F) Subject to the approval of the recommended offeror by the	79029
state lottery commission and the controlling board, the director	79030
shall negotiate a private lottery management agreement with the	79031
offeror. The agreement shall provide at least the following:	79032

(1) A provision incorporating the business plan approved by	79033
the state lottery commission as part of the selection process and	79034
setting forth a process for making and approving amendments to the	79035
business plan during the term of the agreement, as well as an	79036
equitable process for adjusting the net profit levels that the	79037
private lottery manager shall exceed if the commission exercises	79038
the commission's rights under division (F)(4) of this section,	79039
where such exercise of those rights shall, or may be reasonably	79040
expected to, affect the financial performance of the lottery;	79041

(2) The management fee to be paid to the private lottery	79042
manager, including any performance-based incentive payments, and a	79043
schedule of any reimbursable expenses or pass-through expenses not	79044
included in the management fee to the private lottery manager;	79045

(3) Reasonable financial assurance of a nature and in an	79046
amount acceptable to the director to guarantee the private lottery	79047
manager's performance of the contractual obligations;	79048

(4) A provision that the state lottery commission reserves	79049
actual control over all significant business decisions; reserves	79050
the authority to direct and countermand operating decisions by the	79051
private lottery manager; has the authority to demand and receive	79052
information from the private lottery manager concerning any aspect	79053
of the lottery operations at any time; and retains ownership of	79054
all trade names, trademarks, and associated intellectual property	79055
of the lottery;	79056

(5) A commitment by the private lottery manager to provide	79057
the state lottery commission and director with advance notice of	79058
any operating decisions that significantly bear on the public	79059
interest, including: decisions on the types of games to be offered	79060
to the public, the locations at which lottery tickets may be sold,	79061
the manner in which lottery sale revenues are to be collected,	79062
decisions affecting the relative risk and reward of the games	79063
being offered, and circumstances related to the public safety,	79064
convenience, and trust;	79065

(6) A provision for obtaining the prior approval of the state	79066
lottery commission before the private lottery management agreement	79067
is assigned, transferred, or pledged as collateral by the private	79068
lottery manager;	79069

(7) Provisions governing the procedure for renewing the	79070
private lottery management agreement, amending the agreement, or	79071
terminating the agreement for cause;	79072

(8) A schedule between the director and the private lottery	79073
manager allocating responsibility for compliance with the rules	79074
promulgated under section 3770.03 of the Revised Code;	79075

(9) A provision governing the assignment or transfer of	79076
existing contracts executed on behalf of the state lottery	79077
commission or director and necessary for the conduct of lottery	79078
games;	79079

(10) A provision for the right of use of copyright,	79080
trademarks, and service marks held by the lottery in the name of	79081
the state lottery commission.	79082

(G) Upon failure to negotiate a contract with the offeror	79083
ranked most qualified, the director shall inform the offeror in	79084
writing of the termination of negotiations and enter into	79085
negotiations with the offeror ranked next most qualified. If	79086
negotiations again fail, the same procedure shall be followed with	79087
each next most qualified offeror selected and ranked under	79088
division (E) of this section, in order of ranking, until a	79089
contract is negotiated.	79090

(H) If the director fails to negotiate a contract with any of	79091
the offerors selected under division (E) of this section, the	79092
director and advisors shall select and rank additional offerors,	79093
based on the offerors' qualifications. Negotiations shall continue	79094
as with the offerors selected and ranked initially until a	79095
contract is negotiated.	79096

(I) Upon the execution of the private lottery management	79097
agreement, the following apply:	79098

(1) The private lottery manager shall contract with lottery	79099
sales agents, subject to licensing by the director under section	79100
3770.05 of the Revised Code;	79101

(2) Notwithstanding Chapter 125. of the Revised Code, the	79102
private lottery manager shall enter into a contract to provide	79103
goods and services necessary for the conduct of the lottery,	79104
subject to the approval of the state lottery commission;	79105

(3) All duties and responsibilities of the director under	79106
rules promulgated by the state lottery commission may be performed	79107
by the private lottery manager or the director as determined in	79108
the private lottery management agreement;	79109

(4) The private lottery manager shall have the authority to	79110
introduce, schedule, and conduct lottery games and to design the	79111
terms and conditions of individual games, subject to the approval	79112
of the state lottery commission. The private lottery manager's	79113
authority to design and conduct individual games shall not be	79114
subject to the commission's rule-making authority under section	79115
3770.03 of the Revised Code.	79116

(5) The private lottery manager shall prepare, and make	79117
available for public inspection, a comprehensive description of	79118
the terms and conditions of each lottery game, including the title	79119
and term, general design, price of tickets, structure, nature and	79120
value of prize awards, frequency of prize drawings, and validity	79121
of tickets.	79122

(J) Notwithstanding any provision of law to the contrary, the	79123
execution of a private lottery management agreement shall not	79124
result in subjecting any income, revenue, or receipts derived from	79125
the sale of lottery tickets or other conduct of the lottery or the	79126
conduct of the private lottery manager or any goods, services, or	79127
property purchased, procured, acquired, or used by the state	79128
lottery commission or private lottery manager to taxation by this	79129
state or any political subdivision of this state, unless such	79130
income, revenue, or receipts or such goods, services, or property	79131
was subject to taxation before the execution of the private	79132
lottery management agreement when received, procured, acquired, or	79133
used by or on behalf of the state lottery commission.	79134
Notwithstanding any provision of law to the contrary, the	79135
management fee, including any performance-based incentive or other	79136
compensation paid to the private lottery manager, shall not be	79137
subject to any type of taxation by this state or any political	79138
subdivision of this state.	79139

(K) Persons employed by the private lottery manager to	79140
provide service under the private lottery management agreement	79141
shall not be public employees and shall not be entitled to any	79142
rights or benefits conferred upon public employees or subject to	79143
any restrictions or limitations imposed upon public employees by	79144
the laws of this state or any political subdivision of this state.	79145
Nothing in this section prohibits a private lottery manager from	79146
hiring a person previously employed by the state lottery	79147
commission after that person's service with the commission	79148
terminates. Nothing in this section shall be deemed to affect any	79149
rights or benefits that a person earned as a state employee or any	79150
restrictions or limitations to which the person is subject to as a	79151
former state employee.	79152

Sec. 3772.032. (A) The permanent joint committee on gaming	79153
and wagering is established. The committee consists of six	79154
members. The speaker of the house of representatives shall appoint	79155
to the committee three members of the house of representatives and	79156
the president of the senate shall appoint to the committee three	79157
members of the senate. Not more than two members appointed from	79158
each chamber may be members of the same political party. The	79159
chairperson shall be from the opposite ~~party~~house as the	79160
chairperson of the joint committee on agency rule review. If the	79161
chairperson is to be from the house of representatives, the	79162
speaker of the house of representatives shall designate a member	79163
as the chairperson and the president of the senate shall designate	79164
a member as the vice-chairperson. If the chairperson is to be from	79165
the senate, the president of the senate shall designate a member	79166
as the chairperson and the speaker of the house of representatives	79167
shall designate a member as the vice-chairperson.	79168

(B) The committee shall:

79169

(1) Review all constitutional amendments, laws, and rules	79170
governing the operation and administration of casino gaming and	79171
all authorized gaming and wagering activities and recommend to the	79172
general assembly and commission any changes it may find desirable	79173
with respect to the language, structure, and organization of those	79174
amendments, laws, or rules;	79175

(2) Make an annual report to the governor and to the general	79176
assembly with respect ofto the operation and administration of	79177
casino gaming;	79178

(3) Review all changes of fees and penalties as provided in	79179
this chapter and rules adopted thereunder; and	79180

(4) Study all proposed changes to the constitution and laws	79181
of this state and to the rules adopted by the commission governing	79182
the operation and administration of casino gaming, and report to	79183
the general assembly on their adequacy and desirability as a	79184
matter of public policy.	79185

(C) Any study, or any expense incurred, in furtherance of the	79186
committee's objectives shall be paid for from, or out of, the	79187
casino control commission fund or other appropriation provided by	79188
law. The members shall receive no additional compensation, but	79189
shall be reimbursed for actual and necessary expenses incurred in	79190
the performance of their official duties.	79191

Sec. 3772.062. (A) The executive director of the commission	79192
shall enter into an agreement with the department of alcohol and	79193
drug addiction services under which the department provides a	79194
program of gambling and addiction services on behalf of the	79195
commission.	79196

(B) The executive director of the commission, in conjunction	79197
with the department of alcohol and drug addiction services and the	79198
state lottery commission, shall establish, operate, and publicize	79199
an in-state, toll-free telephone number Ohio residents may call to	79200
obtain basic information about problem gambling, the gambling	79201
addiction services available to problem gamblers, and how a	79202
problem gambler may obtain help. The telephone number shall be	79203
staffed twenty-four hours per day, seven days a week, to respond	79204
to inquiries and provide that information. The costs of	79205
establishing, operating, and publicizing the telephone number	79206
shall be paid for with money in the problem casino gambling and	79207
addictions fund.	79208

Sec. 3781.06. (A)(1) Any building that may be used as a	79209
place of resort, assembly, education, entertainment, lodging,	79210
dwelling, trade, manufacture, repair, storage, traffic, or	79211
occupancy by the public, any residential building, and all other	79212
buildings or parts and appurtenances of those buildings erected	79213
within this state, shall be so constructed, erected, equipped, and	79214
maintained that they shall be safe and sanitary for their intended	79215
use and occupancy.	79216

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	79217
Revised Code shall be construed to limit the power of the ~~public~~	79218
~~health council~~manufactured homes commission to adopt rules of	79219
~~uniform application~~ governing manufactured home parks pursuant to	79220
section ~~3733.02~~4781.04 of the Revised Code.	79221

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	79222
Code do not apply to either of the following:	79223

(1) Buildings or structures that are incident to the use for	79224
agricultural purposes of the land on which the buildings or	79225
structures are located, provided those buildings or structures are	79226
not used in the business of retail trade. For purposes of this	79227
division, a building or structure is not considered used in the	79228
business of retail trade if fifty per cent or more of the gross	79229
income received from sales of products in the building or	79230
structure by the owner or operator is from sales of products	79231
produced or raised in a normal crop year on farms owned or	79232
operated by the seller.	79233

(2) Existing single-family, two-family, and three-family	79234
detached dwelling houses for which applications have been	79235
submitted to the director of job and family services pursuant to	79236
section 5104.03 of the Revised Code for the purposes of operating	79237
type A family day-care homes as defined in section 5104.01 of the	79238
Revised Code.	79239

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	79240
Revised Code:	79241

(1) "Agricultural purposes" include agriculture, farming,	79242
dairying, pasturage, apiculture, horticulture, floriculture,	79243
viticulture, ornamental horticulture, olericulture, pomiculture,	79244
and animal and poultry husbandry.	79245

(2) "Building" means any structure consisting of foundations,	79246
walls, columns, girders, beams, floors, and roof, or a combination	79247
of any number of these parts, with or without other parts or	79248
appurtenances.	79249

(3) "Industrialized unit" means a building unit or assembly	79250
of closed construction fabricated in an off-site facility, that is	79251
substantially self-sufficient as a unit or as part of a greater	79252
structure, and that requires transportation to the site of	79253
intended use. "Industrialized unit" includes units installed on	79254
the site as independent units, as part of a group of units, or	79255
incorporated with standard construction methods to form a	79256
completed structural entity. "Industrialized unit" does not	79257
include a manufactured home as defined by division (C)(4) of this	79258
section or a mobile home as defined by division (O) of section	79259
4501.01 of the Revised Code.	79260

(4) "Manufactured home" means a building unit or assembly of	79261
closed construction that is fabricated in an off-site facility and	79262
constructed in conformance with the federal construction and	79263
safety standards established by the secretary of housing and urban	79264
development pursuant to the "Manufactured Housing Construction and	79265
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	79266
5403, and that has a permanent label or tag affixed to it, as	79267
specified in 42 U.S.C.A. 5415, certifying compliance with all	79268
applicable federal construction and safety standards.	79269

(5) "Permanent foundation" means permanent masonry, concrete,	79270
or a footing or foundation approved by the manufactured homes	79271
commission pursuant to Chapter 4781. of the Revised Code, to which	79272
a manufactured or mobile home may be affixed.	79273

(6) "Permanently sited manufactured home" means a	79274
manufactured home that meets all of the following criteria:	79275

(a) The structure is affixed to a permanent foundation and is	79276
connected to appropriate facilities;	79277

(b) The structure, excluding any addition, has a width of at	79278
least twenty-two feet at one point, a length of at least	79279
twenty-two feet at one point, and a total living area, excluding	79280
garages, porches, or attachments, of at least nine hundred square	79281
feet;	79282

(c) The structure has a minimum 3:12 residential roof pitch,	79283
conventional residential siding, and a six-inch minimum eave	79284
overhang, including appropriate guttering;	79285

(d) The structure was manufactured after January 1, 1995;

79286

(e) The structure is not located in a manufactured home park	79287
as defined by section ~~3733.01~~4781.01 of the Revised Code.	79288

(7) "Safe," with respect to a building, means it is free from	79289
danger or hazard to the life, safety, health, or welfare of	79290
persons occupying or frequenting it, or of the public and from	79291
danger of settlement, movement, disintegration, or collapse,	79292
whether such danger arises from the methods or materials of its	79293
construction or from equipment installed therein, for the purpose	79294
of lighting, heating, the transmission or utilization of electric	79295
current, or from its location or otherwise.	79296

(8) "Sanitary," with respect to a building, means it is free	79297
from danger or hazard to the health of persons occupying or	79298
frequenting it or to that of the public, if such danger arises	79299
from the method or materials of its construction or from any	79300
equipment installed therein, for the purpose of lighting, heating,	79301
ventilating, or plumbing.	79302

(9) "Residential building" means a one-family, two-family, or	79303
three-family dwelling house, and any accessory structure	79304
incidental to that dwelling house. "Residential building" includes	79305
a one-family, two-family, or three-family dwelling house that is	79306
used as a model to promote the sale of a similar dwelling house.	79307
"Residential building" does not include an industrialized unit as	79308
defined by division (C)(3) of this section, a manufactured home as	79309
defined by division (C)(4) of this section, or a mobile home as	79310
defined by division (O) of section 4501.01 of the Revised Code.	79311

(10) "Nonresidential building" means any building that is not	79312
a residential building or a manufactured or mobile home.	79313

(11) "Accessory structure" means a structure that is attached	79314
to a residential building and serves the principal use of the	79315
residential building. "Accessory structure" includes, but is not	79316
limited to, a garage, porch, or screened-in patio.	79317

Sec. 3781.183. If the board of building standards adopts	79318
rules under sections 3781.06 to 3781.18 of the Revised Code	79319
concerning the requirements an adult group home seeking licensure	79320
as an adult care facility must meet under section ~~3722.02~~5119.71	79321
of the Revised Code, the board shall adopt the rules in	79322
consultation with the directors of mental health and of aging and	79323
any interested party designated by the directors of mental health	79324
and of aging.	79325

Sec. 3791.043. If the board of building standards adopts	79326
rules under section 3791.04 of the Revised Code concerning the	79327
requirements an adult group home seeking licensure as an adult	79328
care facility must meet under section ~~3722.02~~5119.71 of the	79329
Revised Code, the board shall adopt the rules in consultation with	79330
the directors of mental health and aging and any interested party	79331
designated by the directors of mental health and aging.	79332

Sec. 3793.04. The department of alcohol and drug addiction	79333
services shall develop, administer, and revise as necessary a	79334
comprehensive statewide alcohol and drug addiction services plan	79335
for the implementation of this chapter. The plan shall emphasize	79336
abstinence from the use of alcohol and drugs of abuse as the	79337
primary goal of alcohol and drug addiction services. The council	79338
on alcohol and drug addiction services shall advise the department	79339
in the development and implementation of the plan.	79340

The plan shall provide for the allocation and distribution of	79341
~~state and federal~~ funds appropriated to the department by the	79342
general assembly for ~~service~~services furnished by alcohol and	79343
drug addiction programs under contract with boards of alcohol,	79344
drug addiction, and mental health services ~~and for distribution of~~	79345
~~the funds to such boards~~. The ~~plan~~department shall exclude from	79346
the allocation and distribution any funds that are transferred to	79347
the department of job and family services to pay the nonfederal	79348
share of alcohol and drug addiction services covered by the	79349
medicaid program.	79350

The plan shall specify the methodology that the department	79351
will use for determining how the funds will be allocated and	79352
distributed. A portion of the funds shall be allocated on the	79353
basis of the ratio of the population of each alcohol, drug	79354
addiction, and mental health service district to the total	79355
population of the state as determined from the most recent federal	79356
census or the most recent official estimate made by the United	79357
States census bureau.	79358

The plan shall ensure that alcohol and drug addiction	79359
services of a high quality are accessible to, and responsive to	79360
the needs of, all persons, especially those who are members of	79361
underserved groups, including, but not limited to, African	79362
Americans, Hispanics, native Americans, Asians, juvenile and adult	79363
offenders, women, and persons with special services needs due to	79364
age or disability. The plan shall include a program to promote and	79365
protect the rights of those who receive services.	79366

To aid in formulating the plan and in evaluating the	79367
effectiveness and results of alcohol and drug addiction services,	79368
the department, in consultation with the department of mental	79369
health, shall establish and maintain an information system or	79370
systems. The department of alcohol and drug addiction services	79371
shall specify the information that must be provided by boards of	79372
alcohol, drug addiction, and mental health services and by alcohol	79373
and drug addiction programs for inclusion in the system. The	79374
department shall not collect any personal information from the	79375
boards except as required or permitted by state or federal law for	79376
purposes related to payment, health care operations, program and	79377
service evaluation, reporting activities, research, system	79378
administration, and oversight.	79379

In consultation with boards, programs, and persons receiving	79380
services, the department shall establish guidelines for the use of	79381
~~state and federal~~ funds allocated and distributed under this	79382
section and for the boards' development of plans for services	79383
required by sections 340.033 and 3793.05 of the Revised Code.	79384

In any fiscal year, the department shall spend, or allocate	79385
to boards, for methadone maintenance programs or any similar	79386
programs not more than eight per cent of the total amount	79387
appropriated to the department for the fiscal year.	79388

Sec. 3793.06. (A) ~~The department of alcohol and drug~~	79389
~~addiction services shall evaluate and certify all~~Each alcohol and	79390
drug addiction ~~programs in the state. Each~~ program shall apply to	79391
the department of alcohol and drug addiction services for	79392
certification. No program shall be eligible to receive state or	79393
federal funds unless it has been certified by the department.	79394

(B) No person shall represent in any manner that a program is	79395
certified by the department if the program is not certified at the	79396
time the representation is made.	79397

(C) Pursuant to Chapter 119. of the Revised Code and in	79398
consultation with members or representatives of boards of alcohol,	79399
drug addiction, and mental health services, programs, individuals	79400
who receive alcohol and drug addiction services, and the	79401
department of mental health, the department shall adopt rules that	79402
establish all of the following:	79403

(1) Minimum standards for the operation of programs,	79404
including, but not limited to, the following:	79405

(a) Requirements regarding physical facilities of programs;

79406

(b) Requirements with regard to health, safety, adequacy, and	79407
cultural specificity and sensitivity;	79408

(c) Requirements regarding the rights of recipients of	79409
services and procedures to protect these rights.	79410

(2) Standards for evaluating programs;

79411

(3) Standards and procedures for granting full or conditional	79412
certification to a program;	79413

(4) Standards and procedures for revoking the certification	79414
of a program that does not continue to meet the minimum standards	79415
established pursuant to this section.	79416

(D) Rules adopted under division (C) of this section shall	79417
specify the limitations to be placed on a program that is granted	79418
conditional certification.	79419

(E) The department may visit and evaluate any program to	79420
determine whether it meets the minimum standards for certification	79421
~~established pursuant to division (C) of this section~~. In the case	79422
of a program that has a contract with or proposes to contract with	79423
a board of alcohol, drug addiction, and mental health services,	79424
the department shall conduct the visit and evaluation in	79425
cooperation with the board. If	79426

(F)(1) Subject to division (F)(2) of this section, the	79427
department shall determine whether an applicant's program meets	79428
the minimum standards for certification. If the department	79429
determines that the program meets the minimum standards, it shall	79430
certify or recertify the program.	79431

~~(F)~~(2) If an applicant submits to the department evidence of	79432
holding national accreditation from the joint commission, the	79433
council on accreditation of rehabilitation facilities, or the	79434
council on accreditation, the department shall accept that	79435
accreditation as evidence of the applicant's program meeting the	79436
minimum standards for certification of the program. The department	79437
shall certify or recertify the program without any further	79438
evaluation of the program.	79439

(G) If the department determines that a program that has a	79440
contract with a board or proposes to contract with a board does	79441
not meet the minimum standards for certification, it shall	79442
identify the areas in which the program does not meet the	79443
standards, specify what action is necessary to meet the standards,	79444
and offer technical assistance to the board to enable it to assist	79445
the program in meeting the standards. The department shall give	79446
the program a reasonable time within which to demonstrate that the	79447
program meets the minimum standards or to bring the program into	79448
compliance with the standards. If the department concludes that	79449
the program continues to fail to meet minimum standards, it shall	79450
deny certification and may request that the board reallocate the	79451
funds that the board is allocating to that program to another	79452
program that is certified. If the board does not reallocate the	79453
funds within a reasonable time, the department may withhold from	79454
the board the funds that the board is allocating to the program	79455
and allocate the funds directly to a recovery program certified by	79456
the department.	79457

The department shall adopt rules pursuant to Chapter 119. of	79458
the Revised Code to implement this division. The rules shall	79459
specify the notice and hearing procedures to be followed prior to	79460
denial of certification or reallocation of funds.	79461

~~(G)~~(H) The department may withhold from a board all or part	79462
of the state and federal funds allocated for a program certified	79463
under this section in the event of failure of that program to	79464
comply with this chapter, Chapter 340. of the Revised Code, rules	79465
adopted by the department, or other provisions of state or federal	79466
law, including federal regulations.	79467

If the department proposes to withhold funds, it shall	79468
identify the areas of the program's noncompliance and the action	79469
necessary to achieve compliance and shall offer technical	79470
assistance to the board to enable it to assist the program to	79471
achieve compliance. The department shall allow a reasonable time	79472
within which the board or program shall demonstrate that the	79473
program is in compliance or the program shall bring itself into	79474
compliance. Before withholding funds, the department shall hold a	79475
hearing on the question of whether the program is in, or can be	79476
brought into, compliance. If, based on the hearing and other	79477
evidence, the department determines that compliance has not been,	79478
or cannot be, achieved, the department may withhold the funds and	79479
allocate all or part of the withheld funds to a certified program	79480
that is in compliance. That program shall use the funds to provide	79481
the services of the program that is not in compliance, until such	79482
time as it is in compliance.	79483

The department shall establish rules pursuant to Chapter 119.	79484
of the Revised Code to implement this division.	79485

~~(H)~~(I) The department shall maintain a current list of	79486
alcohol and drug addiction programs certified by the department	79487
under division (A) of this section and shall provide a copy of the	79488
current list to a judge of a court of common pleas who requests a	79489
copy for the use of the judge under division (H) of section	79490
2925.03 of the Revised Code. The list of certified alcohol and	79491
drug addiction programs shall identify each certified program by	79492
its name, its address, and the county in which it is located.	79493

Sec. 3793.061. No rule adopted under section 3793.06 of the	79494
Revised Code regarding documentation that alcohol and drug	79495
addiction programs must submit to the department of alcohol and	79496
drug addiction services or a board of alcohol, drug addiction, and	79497
mental health services shall be more stringent than a comparable	79498
documentation submission requirement that applies to alcohol and	79499
drug addiction programs and is established by a federal regulation	79500
promulgated by the United States department of health and human	79501
services.	79502

Sec. 3793.21. (A) As used in this section, "administrative	79503
function" means a function related to one or more of the	79504
following:	79505

(1) Continuous quality improvement;

79506

(2) Utilization review;

79507

(3) Resource development;

79508

(4) Fiscal administration;

79509

(5) General administration;

79510

(6) Any other function related to administration that is	79511
required by Chapter 340. of the Revised Code.	79512

(B) Each board of alcohol, drug addiction, and mental health	79513
services shall submit an annual report to the department of	79514
alcohol and drug addiction services specifying how the board used	79515
~~state and federal~~the funds allocated and distributed to the	79516
board~~, according to the methodology the department specifies~~ under	79517
section 3793.04 of the Revised Code, for administrative functions	79518
in the year preceding the report's submission. The director of	79519
alcohol and drug addiction shall establish the date by which the	79520
report must be submitted each year.	79521

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	79522
the Revised Code do not apply to the following:	79523

(A) Policies offering coverage that is regulated under	79524
Chapters 3935. and 3937. of the Revised Code;	79525

(B) An employer's self-insurance plan and any of its	79526
administrators, as defined in section 3959.01 of the Revised Code,	79527
to the extent that federal law supersedes, preempts, prohibits, or	79528
otherwise precludes the application of any provisions of those	79529
sections to the plan and its administrators;	79530

(C) A third-party payer for coverage provided under the	79531
medicare advantage program operated under Title XVIII of the	79532
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	79533
amended;	79534

(D) A third-party payer for coverage provided under the	79535
medicaid program operated under Title XIX of the "Social Security	79536
Act," except that if a federal waiver applied for under section	79537
5111.178 of the Revised Code is granted or the director of job and	79538
family services determines that this provision can be implemented	79539
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	79540
the Revised Code apply to claims submitted electronically or	79541
non-electronically that are made with respect to coverage of	79542
medicaid recipients by health insuring corporations licensed under	79543
Chapter 1751. of the Revised Code, instead of the prompt payment	79544
requirements of 42 C.F.R. 447.46;	79545

(E) A third-party payer for coverage provided under the	79546
tricare program offered by the United States department of	79547
defense.	79548

~~(F) A third-party payer for coverage provided under the~~	79549
~~children's buy-in program established under sections 5101.5211 to~~	79550
~~5101.5216 of the Revised Code.~~	79551

Sec. 3901.56. An insurer may offer a wellness or health	79552
improvement program that provides rewards or incentives, including	79553
merchandise; gift cards; debit cards; premium discounts or	79554
rebates; contributions to a health savings account; modifications	79555
to copayment, deductible, or coinsurance amounts; or any	79556
combination of these incentives, to encourage participation or to	79557
reward participation in the program.	79558

A wellness or health improvement program offered by an	79559
insurer under this section shall not be construed to violate	79560
division (E) of section 1751.31 or division (G) of section 3901.21	79561
of the Revised Code if the program is disclosed in the policy or	79562
plan.	79563

The insured may be required to provide verification, such as	79564
a statement from their physician, that a medical condition makes	79565
it unreasonably difficult or medically inadvisable for the	79566
individual to participate in the wellness or health improvement	79567
program.	79568

Nothing in this section shall prohibit an insurer from	79569
offering incentives or rewards to members for adherence to	79570
wellness or health improvement programs if otherwise allowed by	79571
federal law.	79572

Nothing under division (C)(1) of section 3923.571 or section	79573
3924.25 of the Revised Code shall be construed as prohibiting an	79574
insurer from offering a wellness or health improvement program or	79575
restricting the amount an employee is charged for coverage under a	79576
group policy after the application of any premium discounts or	79577
rebates, or modifying otherwise applicable copayments or	79578
deductibles for adherence to wellness or health improvement	79579
programs.	79580

For purposes of this section, "insurer" means a life	79581
insurance company, sickness and accident insurer, multiple	79582
employer welfare association, public employee benefit plan, or	79583
health insuring corporation.	79584

Sec. 3903.01. As used in sections 3903.01 to 3903.59 of the	79585
Revised Code:	79586

(A) "Admitted assets" means investment in assets which will	79587
be admitted by the superintendent of insurance pursuant to the law	79588
of this state.	79589

(B) "Affiliate" has the same meaning as "affiliate of" or	79590
"affiliated with," as defined in section 3901.32 of the Revised	79591
Code.	79592

(C) "Assets" means all property, real and personal, of every	79593
nature and kind whatsoever or any interest therein.	79594

~~(C)~~(D) "Ancillary state" means any state other than a	79595
domiciliary state.	79596

~~(D)~~(E) "Commodity contract" means any of the following:

79597

(1) A contract for the purchase or sale of a commodity for	79598
future delivery on, or subject to the rules of, a board of trade	79599
designated as a contract market by the commodity futures trading	79600
commission under the "Commodity Exchange Act," 7 U.S.C. 1 et seq.,	79601
as amended, or a board of trade outside the United States;	79602

(2) An agreement that is subject to regulation under section	79603
19 of the "Commodity Exchange Act," 7 U.S.C. 23, as amended, and	79604
that is commonly known to the commodities trade as a margin	79605
account, margin contract, leverage account, or leverage contract;	79606

(3) An agreement or transaction that is subject to regulation	79607
under section 4c(b) of the "Commodity Exchange Act," 7 U.S.C.	79608
6c(b), as amended, and that is commonly known to the commodities	79609
trade as a commodity option;	79610

(4) Any combination of agreements or transactions described	79611
in division (E) of this section;	79612

(5) Any option to enter into an agreement or transaction	79613
described in division (E) of this section.	79614

(F) "Creditor" means a person having any claim, whether	79615
matured or unmatured, liquidated or unliquidated, secured or	79616
unsecured, absolute, fixed, or contingent.	79617

~~(E)~~(G) "Delinquency proceeding" means any proceeding	79618
commenced against an insurer for the purpose of liquidating,	79619
rehabilitating, reorganizing, or conserving the insurer, and any	79620
summary proceeding under section 3903.09 or 3903.10 of the Revised	79621
Code. "Formal delinquency proceeding" means any liquidation or	79622
rehabilitation proceeding.	79623

~~(F)~~(H) "Doing business" includes any of the following acts,	79624
whether effected by mail or otherwise:	79625

(1) The issuance or delivery of contracts of insurance to	79626
persons resident in this state;	79627

(2) The solicitation of applications for such contracts, or	79628
other negotiations preliminary to the execution of such contracts;	79629

(3) The collection of premiums, membership fees, assessments,	79630
or other consideration for such contracts;	79631

(4) The transaction of matters subsequent to execution of	79632
such contracts and arising out of them;	79633

(5) Operating under a license or certificate of authority, as	79634
an insurer, issued by the department of insurance.	79635

~~(G)~~(I) "Domiciliary state" means the state in which an	79636
insurer is incorporated or organized, or, in the case of an alien	79637
insurer, its state of entry.	79638

~~(H)~~(J) "Fair consideration" is given for property or	79639
obligation when either of the following apply:	79640

(1) When in exchange for such property or obligation, as a	79641
fair equivalent therefor, and in good faith, property is conveyed,	79642
services are rendered, an obligation is incurred, or an antecedent	79643
debt is satisfied;	79644

(2) When such property or obligation is received in good	79645
faith to secure a present advance or antecedent debt in an amount	79646
not disproportionately small as compared to the value of the	79647
property or obligation obtained.	79648

~~(I)~~(K) "Foreign country" means any other jurisdiction not in	79649
any state.	79650

~~(J)~~(L) "Forward contract" has the same meaning as in the	79651
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79652
1821(e)(8)(D), as now and hereafter amended.	79653

(M) "Guaranty association" means the Ohio insurance guaranty	79654
association created by section 3955.06 of the Revised Code and any	79655
other similar entity hereafter created by the general assembly for	79656
the payment of claims of insolvent insurers. "Foreign guaranty	79657
association" means any similar entities now in existence in or	79658
hereafter created by the legislature of any other state.	79659

~~(K)~~(N) "Insolvency" or "insolvent" means:

79660

(1) For an insurer issuing only assessable fire insurance	79661
policies either of the following:	79662

(a) The inability to pay any obligation within thirty days	79663
after it becomes payable;	79664

(b) If an assessment is made within thirty days after such	79665
date, the inability to pay the obligation thirty days following	79666
the date specified in the first assessment notice issued after the	79667
date of loss.	79668

(2) For any other insurer, that it is unable to pay its	79669
obligations when they are due, or when its admitted assets do not	79670
exceed its liabilities plus the greater of either of the	79671
following:	79672

(a) Any capital and surplus required by law for its	79673
organization;	79674

(b) The total par or stated value of its authorized and	79675
issued capital stock.	79676

(3) As to any insurer licensed to do business in this state	79677
as of the effective date of sections 3903.01 to 3903.59 of the	79678
Revised Code that does not meet the standard established under	79679
division ~~(K)~~(N)(2) of this section, the term "insolvency" or	79680
"insolvent" means, for a period not to exceed three years from the	79681
effective date of sections 3903.01 to 3903.59 of the Revised Code,	79682
that it is unable to pay its obligations when they are due or that	79683
its admitted assets do not exceed its liabilities plus any	79684
required capital contribution ordered by the superintendent under	79685
provisions of Title XXXIX of the Revised Code.	79686

(4) For purposes of divisions ~~(K)~~(N)(2) to (4) of this	79687
section, "liabilities" includes, but is not limited to, reserves	79688
required by statute or by rules of the superintendent or specific	79689
requirements imposed by the superintendent upon a subject company	79690
at the time of admission or subsequent thereto.	79691

~~(L)~~(O) "Insurer" means any person who has done, purports to	79692
do, is doing, or is licensed to do an insurance business, and is	79693
or has been subject to the authority of, or to liquidation,	79694
rehabilitation, reorganization, supervision, or conservation by,	79695
any insurance commissioner, superintendent, or equivalent	79696
official. For purposes of sections 3903.01 to 3903.59 of the	79697
Revised Code, any other persons included under section 3903.03 of	79698
the Revised Code are deemed to be insurers.	79699

~~(M)~~(P) "Netting agreement" means:

79700

(1) A contract or agreement, including a master agreement,	79701
and any terms and conditions incorporated by reference in such a	79702
contract or agreement, that provides for the netting, liquidation,	79703
setoff, termination, acceleration, or close out under or in	79704
connection with a qualified financial contract, or any present or	79705
future payment or delivery obligations or entitlements under a	79706
qualified financial contract, including liquidation or close-out	79707
values relating to those obligations or entitlements;	79708

(2) A master agreement, together with all schedules,	79709
confirmations, definitions, and addenda to the agreement and	79710
transactions under the agreement, which shall be treated as one	79711
netting agreement, and any bridge agreement for one or more master	79712
agreements;	79713

(3) Any security agreement or arrangement, credit support	79714
document, or guarantee or reimbursement obligation related to any	79715
contract or agreement described in division (P) of this section.	79716

Any contract or agreement described in division (P) of this	79717
section relating to agreements or transactions that are not	79718
qualified financial contracts shall be deemed to be a netting	79719
agreement only with respect to those agreements or transactions	79720
that are qualified financial contracts.	79721

(Q) "Preferred claim" means any claim with respect to which	79722
the terms of sections 3903.01 to 3903.59 of the Revised Code	79723
accord priority of payment from the assets of the insurer.	79724

~~(N)~~(R) "Qualified financial contract" means any commodity	79725
contract, forward contract, repurchase agreement, securities	79726
contract, swap agreement, and any similar agreement that the	79727
superintendent may determine by rule or order to be a qualified	79728
financial contract for purposes of this chapter.	79729

(S) "Reciprocal state" means any state other than this state	79730
in which in substance and effect division (A) of section 3903.18,	79731
and sections 3903.52, 3903.53, and 3903.55 to 3903.57 of the	79732
Revised Code are in force, in which provisions are in force	79733
requiring that the superintendent or equivalent official be the	79734
receiver, liquidator, rehabilitator, or conservator of a	79735
delinquent insurer, and in which some provision exists for the	79736
avoidance of fraudulent conveyances and preferential transfers.	79737

~~(O)~~(T) "Repurchase agreement" has the same meaning as in the	79738
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79739
1821(e)(8)(D), as now and hereafter amended.	79740

(U) "Secured claim" means any claim secured by mortgage,	79741
trust deed, security agreement, pledge, deposit as security,	79742
escrow, or otherwise, but not including special deposit claims or	79743
claims against assets. The term also includes claims which have	79744
become liens upon specific assets by reason of judicial process.	79745

~~(P)~~(V) "Securities contract" has the same meaning as in the	79746
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79747
1821(e)(8)(D), as now and hereafter amended.	79748

(W) "Special deposit claim" means any claim secured by a	79749
deposit made pursuant to statute for the security or benefit of a	79750
limited class or classes of persons, but not including any claim	79751
secured by assets.	79752

~~(Q)~~(X) "State" has the meaning set forth in division (G) of	79753
section 1.59 of the Revised Code.	79754

~~(R)~~(Y) "Superintendent" or "superintendent of insurance"	79755
means the superintendent of insurance of this state, or, when the	79756
context requires, the superintendent or commissioner of insurance,	79757
or equivalent official, of another state.	79758

~~(S)~~(Z) "Swap agreement" has the same meaning as in the	79759
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.	79760
1821(e)(8)(D), as now and hereafter amended.	79761

(AA) "Transfer" includes the sale and every other and	79762
different mode, direct or indirect, of disposing of or of parting	79763
with property or with an interest in property, or with the	79764
possession of property or of fixing a lien upon property or upon	79765
an interest in property, absolutely or conditionally, voluntarily,	79766
or by or without judicial proceedings. The retention of a security	79767
title to property delivered to a debtor shall be deemed a transfer	79768
suffered by the debtor.	79769

Sec. 3903.301. (A) Notwithstanding any other provision under	79770
sections 3903.01 to 3903.59 of the Revised Code, no person shall	79771
be stayed or prohibited from exercising any of the following	79772
rights:	79773

(1) A contractual right to cause the termination,	79774
liquidation, acceleration, or close out of obligations under, or	79775
in connection with, a netting agreement or qualified financial	79776
contract with an insurer because of either of the following:	79777

(a) The insolvency, financial condition, or default of the	79778
insurer at any time;	79779

(b) The commencement of a formal delinquency proceeding under	79780
sections 3903.01 to 3903.59 of the Revised Code.	79781

(2) Any right under a pledge, security, collateral,	79782
reimbursement, or guarantee agreement or arrangement or any	79783
similar security arrangement or credit enhancement relating to a	79784
netting agreement or qualified financial contract;	79785

(3) Subject to section 3903.30 of the Revised Code, any right	79786
to set off or net out any termination value, payment amount, or	79787
other transfer obligation arising under or in connection with a	79788
qualified financial contract in which the counterparty or its	79789
guarantor is organized under the laws of the United States, a	79790
state, or a foreign jurisdiction that the securities valuation	79791
office of the national association of insurance commissioners	79792
approves as eligible for netting.	79793

(B) If a counterparty to a netting agreement or qualified	79794
financial contract with an insurer that is subject to a proceeding	79795
under sections 3903.01 to 3903.59 of the Revised Code terminates,	79796
liquidates, accelerates, or closes out the agreement or contract,	79797
damages shall be measured as of the date or dates of the	79798
termination, liquidation, acceleration, or close out. The amount	79799
of a claim for damages shall be actual direct compensatory	79800
damages.	79801

(C) Upon termination of a netting agreement or qualified	79802
financial contract, any net or settlement amount that a	79803
nondefaulting party owes to an insurer against which an	79804
application or petition has been filed under sections 3903.01 to	79805
3903.59 of the Revised Code shall be transferred to, or on the	79806
order of, the receiver for the insurer.	79807

This division applies regardless of whether the insurer is	79808
the defaulting party and applies notwithstanding any walkaway	79809
clause in the netting agreement or qualified financial contract.	79810

For purposes of this division, a limited two-way payment or	79811
first method provision in a netting agreement or qualified	79812
financial contract with a defaulting insurer shall be deemed to be	79813
a full two-way payment or second method provision as against the	79814
defaulting insurer.	79815

Any property or amount transferred under this division shall	79816
be a general asset of the insurer except to the extent it is	79817
subject to a secondary lien or encumbrance, or to rights of	79818
netting or setoff.	79819

(D) In transferring a netting agreement or qualified	79820
financial contract of an insurer that is subject to a proceeding	79821
under sections 3903.01 to 3903.59 of the Revised Code, the	79822
receiver shall do either of the following:	79823

(1) Transfer to one party, other than an insurer subject to a	79824
proceeding under sections 3903.01 to 3903.59 of the Revised Code,	79825
all netting agreements and qualified financial contracts between a	79826
counterparty, or any affiliate of the counterparty, and the	79827
insurer that is the subject of the proceeding. The transfer shall	79828
include all rights and obligations of each party under each	79829
netting agreement and qualified financial contract, and all	79830
property, including any guarantees or other credit enhancement,	79831
securing any claims of the parties under each agreement or	79832
contract.	79833

(2) Transfer none of the netting agreements or qualified	79834
financial contracts, including the rights, obligations, and	79835
property associated with those agreements and contracts as	79836
described in division (D)(1) of this section, with respect to the	79837
counterparty and any affiliate of the counterparty.	79838

(E) If a receiver transfers a netting agreement or qualified	79839
financial contract, the receiver shall use its best efforts to	79840
notify any person who is a party to the transferred agreement or	79841
contract of the transfer by noon, of the receiver's local time, on	79842
the business day following the transfer.	79843

(F)(1) Notwithstanding any other provision of sections	79844
3903.01 to 3903.59 of the Revised Code and except as otherwise	79845
provided in division (F)(2) of this section, a receiver shall not	79846
avoid a transfer of money or other property that is made before	79847
the commencement of a formal delinquency proceeding under sections	79848
3903.01 to 3903.59 of the Revised Code and that arises under or in	79849
connection with either of the following:	79850

(a) A netting agreement or qualified financial contract;

79851

(b) Any pledge, security, collateral, or guarantee agreement	79852
or other similar security arrangement or credit support document	79853
relating to a netting agreement or qualified financial contract.	79854

(2) A receiver may avoid a transfer under sections 3903.26 to	79855
3903.28 of the Revised Code if the transfer was made with actual	79856
intent to hinder, delay, or defraud the insurer, a receiver	79857
appointed for the insurer, or existing or future creditors.	79858

(G)(1) In exercising any right of disaffirmance or	79859
repudiation with respect to a netting agreement or qualified	79860
financial contract to which an insurer is a party, the receiver	79861
for the insurer shall do either of the following:	79862

(a) Disaffirm or repudiate all netting agreements and	79863
qualified financial contracts between the insurer and a	79864
counterparty or any affiliate of the counterparty;	79865

(b) Disaffirm or repudiate none of those netting agreements	79866
or qualified financial contracts with respect to the counterparty	79867
or any affiliate of the counterparty.	79868

(2) Notwithstanding any other provision of sections 3903.01	79869
to 3903.59 of the Revised Code, if a counterparty's claim against	79870
the estate of the insurer arising from the receiver's	79871
disaffirmance or repudiation of a netting agreement or qualified	79872
financial contract has not been previously affirmed in the	79873
liquidation or immediately preceding conservation or	79874
rehabilitation case, that claim shall be considered as if it had	79875
arisen before the filing date of the petition for liquidation. If	79876
a conservation or rehabilitation proceeding is converted to a	79877
liquidation proceeding, that claim shall be considered as if it	79878
had arisen before the filing date of the petition for conservation	79879
or rehabilitation. The amount of the claim shall be the actual	79880
direct compensatory damages determined as of the date of the	79881
disaffirmance or repudiation.	79882

(H) All rights of a counterparty under sections 3903.01 to	79883
3903.59 of the Revised Code shall apply to netting agreements and	79884
qualified financial contracts entered into on behalf of the	79885
general account or separate accounts if the assets of each	79886
separate account are available only to counterparties to netting	79887
agreements and qualified financial contracts entered into on	79888
behalf of that separate account.	79889

(I) This section shall not apply to the affiliates of an	79890
insurer that is the subject of a formal delinquency proceeding	79891
under sections 3903.01 to 3903.59 of the Revised Code.	79892

(J) As used in this section:

79893

(1) "Actual direct compensatory damages" includes normal and	79894
reasonable costs of cover or other reasonable measures of damages	79895
utilized in the derivatives, securities, or other market for the	79896
contract and agreement claims. "Actual direct compensatory	79897
damages" does not include punitive or exemplary damages, damages	79898
for lost profit or lost opportunity, or damages for pain and	79899
suffering.	79900

(2) "Business day" means any day, excluding Saturday, Sunday,	79901
and any day on which the New York stock exchange or the federal	79902
reserve bank of New York is closed.	79903

(3) "Contractual right" includes any of the following:

79904

(a) Any right set forth in a rule or bylaw of a derivatives	79905
clearing organization, as defined in the "Commodity Exchange Act,"	79906
7 U.S.C. 1a(9)(A), as amended; a multilateral clearing	79907
organization; a national securities exchange; a national	79908
securities association; a securities clearing agency; a contract	79909
market designated under the "Commodity Exchange Act," 7 U.S.C. 1	79910
et seq., as amended; a derivatives transaction execution facility,	79911
including a swap execution facility, registered under the	79912
"Commodity Exchange Act," 7 U.S.C. 1 et seq., as amended; a	79913
security-based swap execution facility registered under the	79914
"Securities Exchange Act of 1934," 15 U.S.C. 78a et seq., as	79915
amended; or a board of trade, as defined in the "Commodity	79916
Exchange Act," 7 U.S.C. 1a(2);	79917

(b) Any right set forth in a resolution of the governing	79918
board of any entity listed in division (J)(3)(a) of this section;	79919

(c) Any right, regardless of whether evidenced in writing,	79920
arising under statutory law, common law, or law merchant, or by	79921
reason of normal business practice.	79922

(4) "Receiver" means a receiver, conservator, rehabilitator,	79923
or liquidator, as applicable.	79924

(5) "Walkaway clause" means a provision under which a party	79925
to a netting agreement or qualified financial contract that, after	79926
calculation of a value of a party's position or an amount due to	79927
or from one of the parties in accordance with its terms upon	79928
termination, liquidation, or acceleration of the netting agreement	79929
or qualified financial contract is not obligated to pay or does	79930
not have a payment obligation extinguished under the agreement or	79931
contract, in whole or in part, solely because the party is a	79932
nondefaulting party.	79933

Sec. 3923.28. (A) Every policy of group sickness and	79934
accident insurance providing hospital, surgical, or medical	79935
expense coverage for other than specific diseases or accidents	79936
only, and delivered, issued for delivery, or renewed in this state	79937
on or after January 1, 1979, and that provides coverage for mental	79938
or emotional disorders, shall provide benefits for services on an	79939
outpatient basis for each eligible person under the policy who	79940
resides in this state for mental or emotional disorders, or for	79941
evaluations, that are at least equal to five hundred fifty dollars	79942
in any calendar year or twelve-month period. The services shall be	79943
legally performed by or under the clinical supervision of a	79944
physician authorized under Chapter 4731. of the Revised Code to	79945
practice medicine and surgery or osteopathic medicine and surgery;	79946
a psychologist licensed under Chapter 4732. of the Revised Code; a	79947
professional clinical counselor, professional counselor, or	79948
independent social worker licensed under Chapter 4757. of the	79949
Revised Code; or a clinical nurse specialist licensed under	79950
Chapter 4723. of the Revised Code whose nursing specialty is	79951
mental health, whether performed in an office, in a hospital, or	79952
in a community mental health facility so long as the hospital or	79953
community mental health facility is approved by the joint	79954
commission on accreditation of healthcare organizations, the	79955
council on accreditation for children and family services, or the	79956
rehabilitation accreditation commission~~, or, until two years after~~	79957
~~June 6, 2001, certified by the department of mental health as~~	79958
~~being in compliance with standards established under division (H)~~	79959
~~of section 5119.01 of the Revised Code~~.	79960

(B) Outpatient benefits offered under division (A) of this	79961
section shall be subject to reasonable contract limitations and	79962
may be subject to reasonable deductibles and co-insurance costs.	79963
Persons entitled to such benefit under more than one service or	79964
insurance contract may be limited to a single	79965
five-hundred-fifty-dollar outpatient benefit for services under	79966
all contracts.	79967

(C) In order to qualify for participation under division (A)	79968
of this section, every facility specified in such division shall	79969
have in effect a plan for utilization review and a plan for peer	79970
review and every person specified in such division shall have in	79971
effect a plan for peer review. Such plans shall have the purpose	79972
of ensuring high quality patient care and effective and efficient	79973
utilization of available health facilities and services.	79974

(D) Nothing in this section shall be construed to require an	79975
insurer to pay benefits which are greater than usual, customary,	79976
and reasonable.	79977

(E)(1) Services performed under the clinical supervision of a	79978
health care professional identified in division (A) of this	79979
section, in order to be reimbursable under the coverage required	79980
in division (A) of this section, shall meet both of the following	79981
requirements:	79982

(a) The services shall be performed in accordance with a	79983
treatment plan that describes the expected duration, frequency,	79984
and type of services to be performed;	79985

(b) The plan shall be reviewed and approved by the health	79986
care professional every three months.	79987

(2) Payment of benefits for services reimbursable under	79988
division (E)(1) of this section shall not be restricted to	79989
services described in the treatment plan or conditioned upon	79990
standards of clinical supervision that are more restrictive than	79991
standards of a health care professional described in division (A)	79992
of this section, which at least equal the requirements of division	79993
(E)(1) of this section.	79994

(F) The benefits provided by this section for mental and	79995
emotional disorders shall not be reduced by the cost of benefits	79996
provided pursuant to section 3923.281 of the Revised Code for	79997
diagnostic and treatment services for biologically based mental	79998
illnesses. This section does not apply to benefits for diagnostic	79999
and treatment services for biologically based mental illnesses.	80000

Sec. 3923.281. (A) As used in this section:

80001

(1) "Biologically based mental illness" means schizophrenia,	80002
schizoaffective disorder, major depressive disorder, bipolar	80003
disorder, paranoia and other psychotic disorders,	80004
obsessive-compulsive disorder, and panic disorder, as these terms	80005
are defined in the most recent edition of the diagnostic and	80006
statistical manual of mental disorders published by the American	80007
psychiatric association.	80008

(2) "Policy of sickness and accident insurance" has the same	80009
meaning as in section 3923.01 of the Revised Code, but excludes	80010
any hospital indemnity, medicare supplement, long-term care,	80011
disability income, one-time-limited-duration policy of not longer	80012
than six months, supplemental benefit, or other policy that	80013
provides coverage for specific diseases or accidents only; any	80014
policy that provides coverage for workers' compensation claims	80015
compensable pursuant to Chapters 4121. and 4123. of the Revised	80016
Code; and any policy that provides coverage to beneficiaries	80017
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	80018
(1935), 42 U.S.C.A. 301, as amended, known as the medical	80019
assistance program or medicaid, as provided by the Ohio department	80020
of job and family services under Chapter 5111. of the Revised	80021
Code~~; and any policy that provides coverage to beneficiaries~~	80022
~~enrolled in the children's buy-in program established under~~	80023
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	80024

(B) Notwithstanding section 3901.71 of the Revised Code, and	80025
subject to division (E) of this section, every policy of sickness	80026
and accident insurance shall provide benefits for the diagnosis	80027
and treatment of biologically based mental illnesses on the same	80028
terms and conditions as, and shall provide benefits no less	80029
extensive than, those provided under the policy of sickness and	80030
accident insurance for the treatment and diagnosis of all other	80031
physical diseases and disorders, if both of the following apply:	80032

(1) The biologically based mental illness is clinically	80033
diagnosed by a physician authorized under Chapter 4731. of the	80034
Revised Code to practice medicine and surgery or osteopathic	80035
medicine and surgery; a psychologist licensed under Chapter 4732.	80036
of the Revised Code; a professional clinical counselor,	80037
professional counselor, or independent social worker licensed	80038
under Chapter 4757. of the Revised Code; or a clinical nurse	80039
specialist licensed under Chapter 4723. of the Revised Code whose	80040
nursing specialty is mental health.	80041

(2) The prescribed treatment is not experimental or	80042
investigational, having proven its clinical effectiveness in	80043
accordance with generally accepted medical standards.	80044

(C) Division (B) of this section applies to all coverages and	80045
terms and conditions of the policy of sickness and accident	80046
insurance, including, but not limited to, coverage of inpatient	80047
hospital services, outpatient services, and medication; maximum	80048
lifetime benefits; copayments; and individual and family	80049
deductibles.	80050

(D) Nothing in this section shall be construed as prohibiting	80051
a sickness and accident insurance company from taking any of the	80052
following actions:	80053

(1) Negotiating separately with mental health care providers	80054
with regard to reimbursement rates and the delivery of health care	80055
services;	80056

(2) Offering policies that provide benefits solely for the	80057
diagnosis and treatment of biologically based mental illnesses;	80058

(3) Managing the provision of benefits for the diagnosis or	80059
treatment of biologically based mental illnesses through the use	80060
of pre-admission screening, by requiring beneficiaries to obtain	80061
authorization prior to treatment, or through the use of any other	80062
mechanism designed to limit coverage to that treatment determined	80063
to be necessary;	80064

(4) Enforcing the terms and conditions of a policy of	80065
sickness and accident insurance.	80066

(E) An insurer that offers any policy of sickness and	80067
accident insurance is not required to provide benefits for the	80068
diagnosis and treatment of biologically based mental illnesses	80069
pursuant to division (B) of this section if all of the following	80070
apply:	80071

(1) The insurer submits documentation certified by an	80072
independent member of the American academy of actuaries to the	80073
superintendent of insurance showing that incurred claims for	80074
diagnostic and treatment services for biologically based mental	80075
illnesses for a period of at least six months independently caused	80076
the insurer's costs for claims and administrative expenses for the	80077
coverage of all other physical diseases and disorders to increase	80078
by more than one per cent per year.	80079

(2) The insurer submits a signed letter from an independent	80080
member of the American academy of actuaries to the superintendent	80081
of insurance opining that the increase described in division	80082
(E)(1) of this section could reasonably justify an increase of	80083
more than one per cent in the annual premiums or rates charged by	80084
the insurer for the coverage of all other physical diseases and	80085
disorders.	80086

(3) The superintendent of insurance makes the following	80087
determinations from the documentation and opinion submitted	80088
pursuant to divisions (E)(1) and (2) of this section:	80089

(a) Incurred claims for diagnostic and treatment services for	80090
biologically based mental illnesses for a period of at least six	80091
months independently caused the insurer's costs for claims and	80092
administrative expenses for the coverage of all other physical	80093
diseases and disorders to increase by more than one per cent per	80094
year.	80095

(b) The increase in costs reasonably justifies an increase of	80096
more than one per cent in the annual premiums or rates charged by	80097
the insurer for the coverage of all other physical diseases and	80098
disorders.	80099

Any determination made by the superintendent under this	80100
division is subject to Chapter 119. of the Revised Code.	80101

Sec. 3923.30. Every person, the state and any of its	80102
instrumentalities, any county, township, school district, or other	80103
political subdivisions and any of its instrumentalities, and any	80104
municipal corporation and any of its instrumentalities, which	80105
provides payment for health care benefits for any of its employees	80106
resident in this state, which benefits are not provided by	80107
contract with an insurer qualified to provide sickness and	80108
accident insurance, or a health insuring corporation, shall	80109
include the following benefits in its plan of health care benefits	80110
commencing on or after January 1, 1979:	80111

(A) If such plan of health care benefits provides payment for	80112
the treatment of mental or nervous disorders, then such plan shall	80113
provide benefits for services on an outpatient basis for each	80114
eligible employee and dependent for mental or emotional disorders,	80115
or for evaluations, that are at least equal to the following:	80116

(1) Payments not less than five hundred fifty dollars in a	80117
twelve-month period, for services legally performed by or under	80118
the clinical supervision of a physician authorized under Chapter	80119
4731. of the Revised Code to practice medicine and surgery or	80120
osteopathic medicine and surgery; a psychologist licensed under	80121
Chapter 4732. of the Revised Code; a professional clinical	80122
counselor, professional counselor, or independent social worker	80123
licensed under Chapter 4757. of the Revised Code; or a clinical	80124
nurse specialist licensed under Chapter 4723. of the Revised Code	80125
whose nursing specialty is mental health, whether performed in an	80126
office, in a hospital, or in a community mental health facility so	80127
long as the hospital or community mental health facility is	80128
approved by the joint commission on accreditation of healthcare	80129
organizations, the council on accreditation for children and	80130
family services, or the rehabilitation accreditation commission,	80131
~~or, until two years after June 6, 2001, certified by the~~	80132
~~department of mental health as being in compliance with standards~~	80133
~~established under division (H) of section 5119.01 of the Revised~~	80134
~~Code~~;	80135

(2) Such benefit shall be subject to reasonable limitations,	80136
and may be subject to reasonable deductibles and co-insurance	80137
costs.	80138

(3) In order to qualify for participation under this	80139
division, every facility specified in this division shall have in	80140
effect a plan for utilization review and a plan for peer review	80141
and every person specified in this division shall have in effect a	80142
plan for peer review. Such plans shall have the purpose of	80143
ensuring high quality patient care and effective and efficient	80144
utilization of available health facilities and services.	80145

(4) Such payment for benefits shall not be greater than	80146
usual, customary, and reasonable.	80147

(5)(a) Services performed by or under the clinical	80148
supervision of a health care professional identified in division	80149
(A)(1) of this section, in order to be reimbursable under the	80150
coverage required in division (A) of this section, shall meet both	80151
of the following requirements:	80152

(i) The services shall be performed in accordance with a	80153
treatment plan that describes the expected duration, frequency,	80154
and type of services to be performed;	80155

(ii) The plan shall be reviewed and approved by the health	80156
care professional every three months.	80157

(b) Payment of benefits for services reimbursable under	80158
division (A)(5)(a) of the section shall not be restricted to	80159
services described in the treatment plan or conditioned upon	80160
standards of a licensed physician or licensed psychologist, which	80161
at least equal the requirements of division (A)(5)(a) of this	80162
section.	80163

(B) Payment for benefits for alcoholism treatment for	80164
outpatient, inpatient, and intermediate primary care for each	80165
eligible employee and dependent that are at least equal to the	80166
following:	80167

(1) Payments not less than five hundred fifty dollars in a	80168
twelve-month period for services legally performed by or under the	80169
clinical supervision of a health care professional identified in	80170
division (A)(1) of this section, whether performed in an office,	80171
or in a hospital or a community mental health facility or	80172
alcoholism treatment facility so long as the hospital, community	80173
mental health facility, or alcoholism treatment facility is	80174
approved by the joint commission on accreditation of hospitals or	80175
certified by the department of health;	80176

(2) The benefits provided under this division shall be	80177
subject to reasonable limitations and may be subject to reasonable	80178
deductibles and co-insurance costs.	80179

(3) A health care professional shall every three months	80180
certify a patient's need for continued services performed by such	80181
facilities.	80182

(4) In order to qualify for participation under this	80183
division, every facility specified in this division shall have in	80184
effect a plan for utilization review and a plan for peer review	80185
and every person specified in this division shall have in effect a	80186
plan for peer review. Such plans shall have the purpose of	80187
ensuring high quality patient care and efficient utilization of	80188
available health facilities and services. Such person or	80189
facilities shall also have in effect a program of rehabilitation	80190
or a program of rehabilitation and detoxification.	80191

(5) Nothing in this section shall be construed to require	80192
reimbursement for benefits which is greater than usual, customary,	80193
and reasonable.	80194

(C) The benefits provided by division (A) of this section for	80195
mental and emotional disorders shall not be reduced by the cost of	80196
benefits provided pursuant to section 3923.282 of the Revised Code	80197
for diagnostic and treatment services for biologically based	80198
mental illness. This section does not apply to benefits for	80199
diagnostic and treatment services for biologically based mental	80200
illnesses.	80201

Sec. 3924.10. (A) The board of directors of the Ohio health	80202
reinsurance program may make recommendations to the superintendent	80203
of insurance, and the superintendent may adopt or amend by rule	80204
adopted in accordance with Chapter 119. of the Revised Code, the	80205
OHC basic, standard, and carrier reimbursement plans which, when	80206
offered by a carrier, are eligible for reinsurance under the	80207
program. The superintendent shall establish the form and level of	80208
coverage to be made available by carriers in their OHC plans. The	80209
plans shall include benefit levels, deductibles, coinsurance	80210
factors, exclusions, and limitations for the plans. The forms and	80211
levels of coverage shall specify which components of health	80212
benefit plans offered by a carrier may be reinsured. The OHC plans	80213
are subject to division (C) of section 3924.02 of the Revised Code	80214
and to the provisions in Chapters 1751., 1753., 3923., and any	80215
other chapter of the Revised Code that require coverage or the	80216
offer of coverage of a health care service or benefit.	80217

(B) Prior to adopting any rule that makes changes to the OHC	80218
basic or standard plan, the superintendent shall conduct an	80219
actuarial analysis of the cost impact of the proposed rule. ~~The~~	80220
~~superintendent may consider recommendations of the Ohio health~~	80221
~~care coverage and quality council established under section~~	80222
~~3923.90 of the Revised Code.~~ The plans may include cost	80223
containment features including any of the following:	80224

(1) Utilization review of health care services, including	80225
review of the medical necessity of hospital and physician	80226
services;	80227

(2) Case management benefit alternatives;

80228

(3) Selective contracting with hospitals, physicians, and	80229
other health care providers;	80230

(4) Reasonable benefit differentials applicable to	80231
participating and nonparticipating providers;	80232

(5) Employee assistance program options that provide	80233
preventive and early intervention mental health and substance	80234
abuse services;	80235

(6) Other provisions for the cost-effective management of the	80236
plans.	80237

(C) OHC plans established for use by health insuring	80238
corporations shall be consistent with the basic method of	80239
operation of such corporations.	80240

(D) Each carrier shall certify to the superintendent of	80241
insurance, in the form and manner prescribed by the	80242
superintendent, that the OHC plans filed by the carrier are in	80243
substantial compliance with the provisions of the OHC plans	80244
designed or adopted under this section. Upon receipt by the	80245
superintendent of the certification, the carrier may use the	80246
certified plans.	80247

(E) Each carrier shall, on and after sixty days after the	80248
date that the program becomes operational and as a condition of	80249
transacting business in this state, renew coverage provided to any	80250
individual or group under its OHC plans.	80251

(F) The OHC plans in effect as of June 1, 2009, shall remain	80252
in effect until those plans are amended or new plans are adopted	80253
in accordance with this section.	80254

Sec. 3937.41. (A) As used in this section:

80255

(1) "Ambulance" has the same meaning as in section 4765.01 of	80256
the Revised Code and also includes private ambulance companies	80257
under contract to a municipal corporation, township, or county.	80258

(2) "Emergency vehicle" means any of the following:

80259

(a) Any vehicle, as defined in section 4511.01 of the Revised	80260
Code, that is an emergency vehicle of a municipal, township, or	80261
county department or public utility corporation and that is	80262
identified as such as required by law, the director of public	80263
safety, or local authorities;	80264

(b) Any motor vehicle, as defined in section 4511.01 of the	80265
Revised Code, when commandeered by a police officer;	80266

(c) Any vehicle, as defined in section 4511.01 of the Revised	80267
Code, that is an emergency vehicle of a qualified nonprofit	80268
corporation police department established pursuant to section	80269
1702.80 of the Revised Code and that is identified as an emergency	80270
vehicle;	80271

(d) Any vehicle, as defined in section 4511.01 of the Revised	80272
Code, that is an emergency vehicle of a proprietary police	80273
department or security department of a hospital operated by a	80274
public hospital agency or a nonprofit hospital agency that employs	80275
police officers under section 4973.17 of the Revised Code, and	80276
that is identified as an emergency vehicle.	80277

(3) "Firefighter" means any regular, paid, member of a	80278
lawfully constituted fire department of a municipal corporation or	80279
township.	80280

(4) "Law enforcement officer" means any of the following:

80281

(a) A sheriff, deputy sheriff, constable, marshal, deputy	80282
marshal, municipal police officer, police officer of a township or	80283
joint ~~township~~ police district, state highway patrol trooper, or	80284
member of a police force employed by a metropolitan housing	80285
authority under division (D) of section 3735.31 of the Revised	80286
Code;	80287

(b) A police officer employed by a qualified nonprofit police	80288
department pursuant to section 1702.80 of the Revised Code, or	80289
police officer employed by a proprietary police department or	80290
security department of a hospital operated by a public hospital	80291
agency or nonprofit hospital agency pursuant to section 4973.17 of	80292
the Revised Code;	80293

(c) An officer, agent, or employee of the state or any of its	80294
agencies, instrumentalities, or political subdivisions, upon whom,	80295
by statute, a duty to conserve the peace or to enforce all or	80296
certain laws is imposed and the authority to arrest violators is	80297
conferred, within the limits of that statutory duty and authority;	80298

(d) A veterans' home police officer appointed under section	80299
5907.02 of the Revised Code;	80300

(e) A member of a police force employed by a regional transit	80301
authority under division (Y) of section 306.35 of the Revised	80302
Code.	80303

(5) "Motor vehicle accident" means any accident involving a	80304
motor vehicle which results in bodily injury to any person, or	80305
damage to the property of any person.	80306

(6) "Investigator" means an investigator of the bureau of	80307
criminal identification and investigation as defined in section	80308
2903.11 of the Revised Code.	80309

(B) No insurer shall consider the circumstance that an	80310
applicant or policyholder has been involved in a motor vehicle	80311
accident while in the pursuit of the applicant's or policyholder's	80312
official duties as a law enforcement officer, firefighter,	80313
investigator, or operator of an emergency vehicle or ambulance,	80314
while operating a vehicle engaged in mowing or snow and ice	80315
removal as a county, township, or department of transportation	80316
employee, or while operating a vehicle while engaged in the	80317
pursuit of the applicant's or policyholder's official duties as a	80318
member of the motor carrier enforcement unit of the state highway	80319
patrol under section 5503.34 of the Revised Code, as a basis for	80320
doing either of the following:	80321

(1) Refusing to issue or deliver a policy of insurance upon a	80322
private automobile, or increasing the rate to be charged for such	80323
a policy;	80324

(2) Increasing the premium rate, canceling, or failing to	80325
renew an existing policy of insurance upon a private automobile.	80326

(C) Any applicant or policyholder affected by an action of an	80327
insurer in violation of this section may appeal to the	80328
superintendent of insurance. After a hearing held upon not less	80329
than ten days' notice to the applicant or policyholder and to the	80330
insurer and if the superintendent determines that the insurer has	80331
violated this section, the superintendent may direct the issuance	80332
of a policy, decrease the premium rate on a policy, or reinstate	80333
insurance coverage.	80334

(D) The employer of the law enforcement officer, firefighter,	80335
investigator, or operator of an emergency vehicle or ambulance,	80336
operator of a vehicle engaged in mowing or snow and ice removal,	80337
or operator of a vehicle who is a member of the motor carrier	80338
enforcement unit, except as otherwise provided in division (F) of	80339
this section, shall certify to the state highway patrol or law	80340
enforcement agency that investigates the accident whether the	80341
officer, firefighter, investigator, or operator of an emergency	80342
vehicle or ambulance, operator of a vehicle engaged in mowing or	80343
snow and ice removal, or operator of a vehicle who is a member of	80344
the motor carrier enforcement unit, was engaged in the performance	80345
of the person's official duties as such employee at the time of	80346
the accident. The employer shall designate an official authorized	80347
to make the certifications. The state highway patrol or law	80348
enforcement agency shall include the certification in any report	80349
of the accident forwarded to the department of public safety	80350
pursuant to sections 5502.11 and 5502.12 of the Revised Code and	80351
shall forward the certification to the department if received	80352
after the report of the accident has been forwarded to the	80353
department. The registrar of motor vehicles shall not include an	80354
accident in a certified abstract of information under division (A)	80355
of section 4509.05 of the Revised Code, if the person involved has	80356
been so certified as having been engaged in the performance of the	80357
person's official duties at the time of the accident.	80358

(E) Division (B) of this section does not apply to an insurer	80359
whose policy covers the motor vehicle at the time the motor	80360
vehicle is involved in an accident described in division (B) of	80361
this section.	80362

(F) Division (B) of this section does not apply if an	80363
applicant or policyholder, on the basis of the applicant's or	80364
policyholder's involvement in an accident described in that	80365
division, is convicted of or pleads guilty or no contest to a	80366
violation of section 4511.19 of the Revised Code or a municipal	80367
OVI ordinance as defined in section 4511.181 of the Revised Code.	80368

Sec. 3963.01. As used in this chapter:

80369

(A) "Affiliate" means any person or entity that has ownership	80370
or control of a contracting entity, is owned or controlled by a	80371
contracting entity, or is under common ownership or control with a	80372
contracting entity.	80373

(B) "Basic health care services" has the same meaning as in	80374
division (A) of section 1751.01 of the Revised Code, except that	80375
it does not include any services listed in that division that are	80376
provided by a pharmacist or nursing home.	80377

(C) "Contracting entity" means any person that has a primary	80378
business purpose of contracting with participating providers for	80379
the delivery of health care services.	80380

(D) "Credentialing" means the process of assessing and	80381
validating the qualifications of a provider applying to be	80382
approved by a contracting entity to provide basic health care	80383
services, specialty health care services, or supplemental health	80384
care services to enrollees.	80385

(E) "Edit" means adjusting one or more procedure codes billed	80386
by a participating provider on a claim for payment or a practice	80387
that results in any of the following:	80388

(1) Payment for some, but not all of the procedure codes	80389
originally billed by a participating provider;	80390

(2) Payment for a different procedure code than the procedure	80391
code originally billed by a participating provider;	80392

(3) A reduced payment as a result of services provided to an	80393
enrollee that are claimed under more than one procedure code on	80394
the same service date.	80395

(F) "Electronic claims transport" means to accept and	80396
digitize claims or to accept claims already digitized, to place	80397
those claims into a format that complies with the electronic	80398
transaction standards issued by the United States department of	80399
health and human services pursuant to the "Health Insurance	80400
Portability and Accountability Act of 1996," 110 Stat. 1955, 42	80401
U.S.C. 1320d, et seq., as those electronic standards are	80402
applicable to the parties and as those electronic standards are	80403
updated from time to time, and to electronically transmit those	80404
claims to the appropriate contracting entity, payer, or	80405
third-party administrator.	80406

(G) "Enrollee" means any person eligible for health care	80407
benefits under a health benefit plan, including an eligible	80408
recipient of medicaid under Chapter 5111. of the Revised Code, and	80409
includes all of the following terms:	80410

(1) "Enrollee" and "subscriber" as defined by section 1751.01	80411
of the Revised Code;	80412

(2) "Member" as defined by section 1739.01 of the Revised	80413
Code;	80414

(3) "Insured" and "plan member" pursuant to Chapter 3923. of	80415
the Revised Code;	80416

(4) "Beneficiary" as defined by section 3901.38 of the	80417
Revised Code.	80418

(H) "Health care contract" means a contract entered into,	80419
materially amended, or renewed between a contracting entity and a	80420
participating provider for the delivery of basic health care	80421
services, specialty health care services, or supplemental health	80422
care services to enrollees.	80423

(I) "Health care services" means basic health care services,	80424
specialty health care services, and supplemental health care	80425
services.	80426

(J) "Material amendment" means an amendment to a health care	80427
contract that decreases the participating provider's payment or	80428
compensation, changes the administrative procedures in a way that	80429
may reasonably be expected to significantly increase the	80430
provider's administrative expenses, or adds a new product. A	80431
material amendment does not include any of the following:	80432

(1) A decrease in payment or compensation resulting solely	80433
from a change in a published fee schedule upon which the payment	80434
or compensation is based and the date of applicability is clearly	80435
identified in the contract;	80436

(2) A decrease in payment or compensation that was	80437
anticipated under the terms of the contract, if the amount and	80438
date of applicability of the decrease is clearly identified in the	80439
contract;	80440

(3) An administrative change that may significantly increase	80441
the provider's administrative expense, the specific applicability	80442
of which is clearly identified in the contract;	80443

(4) Changes to an existing prior authorization,	80444
precertification, notification, or referral program that do not	80445
substantially increase the provider's administrative expense;	80446

(5) Changes to an edit program or to specific edits if the	80447
participating provider is provided notice of the changes pursuant	80448
to division (A)(1) of section 3963.04 of the Revised Code and the	80449
notice includes information sufficient for the provider to	80450
determine the effect of the change;	80451

(6) Changes to a health care contract described in division	80452
(B) of section 3963.04 of the Revised Code.	80453

(K) "Participating provider" means a provider that has a	80454
health care contract with a contracting entity and is entitled to	80455
reimbursement for health care services rendered to an enrollee	80456
under the health care contract.	80457

(L) "Payer" means any person that assumes the financial risk	80458
for the payment of claims under a health care contract or the	80459
reimbursement for health care services provided to enrollees by	80460
participating providers pursuant to a health care contract.	80461

(M) "Primary enrollee" means a person who is responsible for	80462
making payments for participation in a health care plan or an	80463
enrollee whose employment or other status is the basis of	80464
eligibility for enrollment in a health care plan.	80465

(N) "Procedure codes" includes the American medical	80466
association's current procedural terminology code, the American	80467
dental association's current dental terminology, and the centers	80468
for medicare and medicaid services health care common procedure	80469
coding system.	80470

(O) "Product" means one of the following types of categories	80471
of coverage for which a participating provider may be obligated to	80472
provide health care services pursuant to a health care contract:	80473

(1) A health maintenance organization or other product	80474
provided by a health insuring corporation;	80475

(2) A preferred provider organization;

80476

(3) Medicare;

80477

(4) Medicaid ~~or the children's buy-in program established~~	80478
~~under section 5101.5211 to 5101.5216 of the Revised Code~~;	80479

(5) Workers' compensation.

80480

(P) "Provider" means a physician, podiatrist, dentist,	80481
chiropractor, optometrist, psychologist, physician assistant,	80482
advanced practice nurse, occupational therapist, massage	80483
therapist, physical therapist, professional counselor,	80484
professional clinical counselor, hearing aid dealer, orthotist,	80485
prosthetist, home health agency, hospice care program, or	80486
hospital, or a provider organization or physician-hospital	80487
organization that is acting exclusively as an administrator on	80488
behalf of a provider to facilitate the provider's participation in	80489
health care contracts. "Provider" does not mean a pharmacist,	80490
pharmacy, nursing home, or a provider organization or	80491
physician-hospital organization that leases the provider	80492
organization's or physician-hospital organization's network to a	80493
third party or contracts directly with employers or health and	80494
welfare funds.	80495

(Q) "Specialty health care services" has the same meaning as	80496
in section 1751.01 of the Revised Code, except that it does not	80497
include any services listed in division (B) of section 1751.01 of	80498
the Revised Code that are provided by a pharmacist or a nursing	80499
home.	80500

(R) "Supplemental health care services" has the same meaning	80501
as in division (B) of section 1751.01 of the Revised Code, except	80502
that it does not include any services listed in that division that	80503
are provided by a pharmacist or nursing home.	80504

Sec. 3963.11. (A) No contracting entity shall do any of the	80505
following:	80506

(1) Offer to a provider ~~other than a hospital~~ a health care	80507
contract that includes a most favored nation clause;	80508

(2) Enter into a health care contract with a provider ~~other~~	80509
~~than a hospital~~ that includes a most favored nation clause;	80510

(3) Amend or renew an existing health care contract	80511
previously entered into with a provider ~~other than a hospital~~so	80512
that the contract as amended or renewed adds or continues to	80513
include a most favored nation clause.	80514

~~(B) This section shall not go into effect until three years~~	80515
~~after the effective date of this section.~~	80516

~~(C)~~(B) As used in this section:

80517

(1) "Contracting entity," "health care contract," "health	80518
care services," "participating provider," and "provider" have the	80519
same meanings as in section 3963.01 of the Revised Code.	80520

(2) "Most favored nation clause" means a provision in a	80521
health care contract that does any of the following:	80522

(a) Prohibits, or grants a contracting entity an option to	80523
prohibit, the participating provider from contracting with another	80524
contracting entity to provide health care services at a lower	80525
price than the payment specified in the contract;	80526

(b) Requires, or grants a contracting entity an option to	80527
require, the participating provider to accept a lower payment in	80528
the event the participating provider agrees to provide health care	80529
services to any other contracting entity at a lower price;	80530

(c) Requires, or grants a contracting entity an option to	80531
require, termination or renegotiation of the existing health care	80532
contract in the event the participating provider agrees to provide	80533
health care services to any other contracting entity at a lower	80534
price;	80535

(d) Requires the participating provider to disclose the	80536
participating provider's contractual reimbursement rates with	80537
other contracting entities.	80538

Sec. 4111.14. (A) Pursuant to the general assembly's	80539
authority to establish a minimum wage under Section 34 of Article	80540
II, Ohio Constitution, this section is in implementation of	80541
Section 34a of Article II, Ohio Constitution. In implementing	80542
Section 34a of Article II, Ohio Constitution, the general assembly	80543
hereby finds that the purpose of Section 34a of Article II, Ohio	80544
Constitution, is to:	80545

(1) Ensure that Ohio employees, as defined in division (B)(1)	80546
of this section, are paid the wage rate required by Section 34a of	80547
Article II, Ohio Constitution;	80548

(2) Ensure that covered Ohio employers maintain certain	80549
records that are directly related to the enforcement of the wage	80550
rate requirements in Section 34a of Article II, Ohio Constitution;	80551

(3) Ensure that Ohio employees who are paid the wage rate	80552
required by Section 34a of Article II, Ohio Constitution, may	80553
enforce their right to receive that wage rate in the manner set	80554
forth in Section 34a of Article II, Ohio Constitution; and	80555

(4) Protect the privacy of Ohio employees' pay and personal	80556
information specified in Section 34a of Article II, Ohio	80557
Constitution, by restricting an employee's access, and access by a	80558
person acting on behalf of that employee, to the employee's own	80559
pay and personal information.	80560

(B) In accordance with Section 34a of Article II, Ohio	80561
Constitution, the terms "employer," "employee," "employ,"	80562
"person," and "independent contractor" have the same meanings as	80563
in the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	80564
U.S.C. 203, as amended. In construing the meaning of these terms,	80565
due consideration and great weight shall be given to the United	80566
States department of labor's and federal courts' interpretations	80567
of those terms under the Fair Labor Standards Act and its	80568
regulations. As used in division (B) of this section:	80569

(1) "Employee" means individuals employed in Ohio, but does	80570
not mean individuals who are excluded from the definition of	80571
"employee" under 29 U.S.C. 203(e) or, individuals who are exempted	80572
from the minimum wage requirements in 29 U.S.C. 213 ~~and~~, and	80573
individuals who are exempted or excluded from the definition of	80574
"employee" in this chapter.	80575

(2) "Employ" and "employee" do not include any person acting	80576
as a volunteer. In construing who is a volunteer, "volunteer"	80577
shall have the same meaning as in sections 553.101 to 553.106 of	80578
Title 29 of the Code of Federal Regulations, as amended, and due	80579
consideration and great weight shall be given to the United States	80580
department of labor's and federal courts' interpretations of the	80581
term "volunteer" under the Fair Labor Standards Act and its	80582
regulations.	80583

(C) In accordance with Section 34a of Article II, Ohio	80584
Constitution, the state may issue licenses to employers	80585
authorizing payment of a wage below that required by Section 34a	80586
of Article II, Ohio Constitution, to individuals with mental or	80587
physical disabilities that may otherwise adversely affect their	80588
opportunity for employment. In issuing such licenses, the state	80589
shall abide by the rules adopted pursuant to section 4111.06 of	80590
the Revised Code.	80591

(D)(1) In accordance with Section 34a of Article II, Ohio	80592
Constitution, individuals employed in or about the property of an	80593
employer or an individual's residence on a casual basis are not	80594
included within the coverage of Section 34a of Article II, Ohio	80595
Constitution. As used in division (D) of this section:	80596

(a) "Casual basis" means employment that is irregular or	80597
intermittent and that is not performed by an individual whose	80598
vocation is to be employed in or about the property of the	80599
employer or individual's residence. In construing who is employed	80600
on a "casual basis," due consideration and great weight shall be	80601
given to the United States department of labor's and federal	80602
courts' interpretations of the term "casual basis" under the Fair	80603
Labor Standards Act and its regulations.	80604

(b) "An individual employed in or about the property of an	80605
employer or individual's residence" means an individual employed	80606
on a casual basis or an individual employed in or about a	80607
residence on a casual basis, respectively.	80608

(2) In accordance with Section 34a of Article II, Ohio	80609
Constitution, employees of a solely family-owned and operated	80610
business who are family members of an owner are not included	80611
within the coverage of Section 34a of Article II, Ohio	80612
Constitution. As used in division (D)(2) of this section, "family	80613
member" means a parent, spouse, child, stepchild, sibling,	80614
grandparent, grandchild, or other member of an owner's immediate	80615
family.	80616

(E) In accordance with Section 34a of Article II, Ohio	80617
Constitution, an employer shall at the time of hire provide an	80618
employee with the employer's name, address, telephone number, and	80619
other contact information and update such information when it	80620
changes. As used in division (E) of this section:	80621

(1) "Other contact information" may include, where	80622
applicable, the address of the employer's internet site on the	80623
world wide web, the employer's electronic mail address, fax	80624
number, or the name, address, and telephone number of the	80625
employer's statutory agent. "Other contact information" does not	80626
include the name, address, telephone number, fax number, internet	80627
site address, or electronic mail address of any employee,	80628
shareholder, officer, director, supervisor, manager, or other	80629
individual employed by or associated with an employer.	80630

(2) "When it changes" means that the employer shall provide	80631
its employees with the change in its name, address, telephone	80632
number, or other contact information within sixty business days	80633
after the change occurs. The employer shall provide the changed	80634
information by using any of its usual methods of communicating	80635
with its employees, including, but not limited to, listing the	80636
change on the employer's internet site on the world wide web,	80637
internal computer network, or a bulletin board where it commonly	80638
posts employee communications or by insertion or inclusion with	80639
employees' paychecks or pay stubs.	80640

(F) In accordance with Section 34a of Article II, Ohio	80641
Constitution, an employer shall maintain a record of the name,	80642
address, occupation, pay rate, hours worked for each day worked,	80643
and each amount paid an employee for a period of not less than	80644
three years following the last date the employee was employed by	80645
that employer. As used in division (F) of this section:	80646

(1) "Address" means an employee's home address as maintained	80647
in the employer's personnel file or personnel database for that	80648
employee.	80649

(2)(a) With respect to employees who are not exempt from the	80650
overtime pay requirements of the Fair Labor Standards Act or this	80651
chapter, "pay rate" means an employee's base rate of pay.	80652

(b) With respect to employees who are exempt from the	80653
overtime pay requirements of the Fair Labor Standards Act or this	80654
chapter, "pay rate" means an employee's annual base salary or	80655
other rate of pay by which the particular employee qualifies for	80656
that exemption under the Fair Labor Standards Act or this chapter,	80657
but does not include bonuses, stock options, incentives, deferred	80658
compensation, or any other similar form of compensation.	80659

(3) "Record" means the name, address, occupation, pay rate,	80660
hours worked for each day worked, and each amount paid an employee	80661
in one or more documents, databases, or other paper or electronic	80662
forms of record-keeping maintained by an employer. No one	80663
particular method or form of maintaining such a record or records	80664
is required under this division. An employer is not required to	80665
create or maintain a single record containing only the employee's	80666
name, address, occupation, pay rate, hours worked for each day	80667
worked, and each amount paid an employee. An employer shall	80668
maintain a record or records from which the employee or person	80669
acting on behalf of that employee could reasonably review the	80670
information requested by the employee or person.	80671

An employer is not required to maintain the records specified	80672
in division (F)(3) of this section for any period before January	80673
1, 2007. On and after January 1, 2007, the employer shall maintain	80674
the records required by division (F)(3) of this section for three	80675
years from the date the hours were worked by the employee and for	80676
three years after the date the employee's employment ends.	80677

(4)(a) Except for individuals specified in division (F)(4)(b)	80678
of this section, "hours worked for each day worked" means the	80679
total amount of time worked by an employee in whatever increments	80680
the employer uses for its payroll purposes during a day worked by	80681
the employee. An employer is not required to keep a record of the	80682
time of day an employee begins and ends work on any given day. As	80683
used in division (F)(4) of this section, "day" means a fixed	80684
period of twenty-four consecutive hours during which an employee	80685
performs work for an employer.	80686

(b) An employer is not required to keep records of "hours	80687
worked for each day worked" for individuals for whom the employer	80688
is not required to keep those records under the Fair Labor	80689
Standards Act and its regulations or individuals who are not	80690
subject to the overtime pay requirements specified in section	80691
4111.03 of the Revised Code.	80692

(5) "Each amount paid an employee" means the total gross	80693
wages paid to an employee for each pay period. As used in division	80694
(F)(5) of this section, "pay period" means the period of time	80695
designated by an employer to pay an employee the employee's gross	80696
wages in accordance with the employer's payroll practices under	80697
section 4113.15 of the Revised Code.	80698

(G) In accordance with Section 34a of Article II, Ohio	80699
Constitution, an employer must provide such information without	80700
charge to an employee or person acting on behalf of an employee	80701
upon request. As used in division (G) of this section:	80702

(1) "Such information" means the name, address, occupation,	80703
pay rate, hours worked for each day worked, and each amount paid	80704
for the specific employee who has requested that specific	80705
employee's own information and does not include the name, address,	80706
occupation, pay rate, hours worked for each day worked, or each	80707
amount paid of any other employee of the employer. "Such	80708
information" does not include hours worked for each day worked by	80709
individuals for whom an employer is not required to keep that	80710
information under the Fair Labor Standards Act and its regulations	80711
or individuals who are not subject to the overtime pay	80712
requirements specified in section 4111.03 of the Revised Code.	80713

(2) "Acting on behalf of an employee" means a person acting	80714
on behalf of an employee as any of the following:	80715

(a) The certified or legally recognized collective bargaining	80716
representative for that employee under the applicable federal law	80717
or Chapter 4117. of the Revised Code;	80718

(b) The employee's attorney;

80719

80720

A person "acting on behalf of an employee" must be	80721
specifically authorized by an employee in order to make a request	80722
for that employee's own name, address, occupation, pay rate, hours	80723
worked for each day worked, and each amount paid to that employee.	80724

(3) "Provide" means that an employer shall provide the	80725
requested information within thirty business days after the date	80726
the employer receives the request, unless either of the following	80727
occurs:	80728

(a) The employer and the employee or person acting on behalf	80729
of the employee agree to some alternative time period for	80730
providing the information.	80731

(b) The thirty-day period would cause a hardship on the	80732
employer under the circumstances, in which case the employer must	80733
provide the requested information as soon as practicable.	80734

(4) A "request" made by an employee or a person acting on	80735
behalf of an employee means a request by an employee or a person	80736
acting on behalf of an employee for the employee's own	80737
information. The employer may require that the employee provide	80738
the employer with a written request that has been signed by the	80739
employee and notarized and that reasonably specifies the	80740
particular information being requested. The employer may require	80741
that the person acting on behalf of an employee provide the	80742
employer with a written request that has been signed by the	80743
employee whose information is being requested and notarized and	80744
that reasonably specifies the particular information being	80745
requested.	80746

(H) In accordance with Section 34a of Article II, Ohio	80747
Constitution, an employee, person acting on behalf of one or more	80748
employees, and any other interested party may file a complaint	80749
with the state for a violation of any provision of Section 34a of	80750
Article II, Ohio Constitution, or any law or regulation	80751
implementing its provisions. Such complaint shall be promptly	80752
investigated and resolved by the state. The employee's name shall	80753
be kept confidential unless disclosure is necessary to resolution	80754
of a complaint and the employee consents to disclosure. As used in	80755
division (H) of this section:	80756

(1) "Complaint" means a complaint of an alleged violation	80757
pertaining to harm suffered by the employee filing the complaint,	80758
by a person acting on behalf of one or more employees, or by an	80759
interested party.	80760

(2) "Acting on behalf of one or more employees" has the same	80761
meaning as "acting on behalf of an employee" in division (G)(2) of	80762
this section. Each employee must provide a separate written and	80763
notarized authorization before the person acting on that	80764
employee's or those employees' behalf may request the name,	80765
address, occupation, pay rate, hours worked for each day worked,	80766
and each amount paid for the particular employee.	80767

(3) "Interested party" means a party who alleges to be	80768
injured by the alleged violation and who has standing to file a	80769
complaint under common law principles of standing.	80770

(4) "Resolved by the state" means that the complaint has been	80771
resolved to the satisfaction of the state.	80772

(5) "Shall be kept confidential" means that the state shall	80773
keep the name of the employee confidential as required by division	80774
(H) of this section.	80775

(I) In accordance with Section 34a of Article II, Ohio	80776
Constitution, the state may on its own initiative investigate an	80777
employer's compliance with Section 34a of Article II, Ohio	80778
Constitution, and any law or regulation implementing Section 34a	80779
of Article II, Ohio Constitution. The employer shall make	80780
available to the state any records related to such investigation	80781
and other information required for enforcement of Section 34a of	80782
Article II, Ohio Constitution or any law or regulation	80783
implementing Section 34a of Article II, Ohio Constitution. The	80784
state shall investigate an employer's compliance with this section	80785
in accordance with the procedures described in section 4111.04 of	80786
the Revised Code. All records and information related to	80787
investigations by the state are confidential and are not a public	80788
record subject to section 149.43 of the Revised Code. This	80789
division does not prevent the state from releasing to or	80790
exchanging with other state and federal wage and hour regulatory	80791
authorities information related to investigations.	80792

(J) In accordance with Section 34a of Article II, Ohio	80793
Constitution, damages shall be calculated as an additional two	80794
times the amount of the back wages and in the case of a violation	80795
of an anti-retaliation provision an amount set by the state or	80796
court sufficient to compensate the employee and deter future	80797
violations, but not less than one hundred fifty dollars for each	80798
day that the violation continued. The "not less than one hundred	80799
fifty dollar" penalty specified in division (J) of this section	80800
shall be imposed only for violations of the anti-retaliation	80801
provision in Section 34a of Article II, Ohio Constitution.	80802

(K) In accordance with Section 34a of Article II, Ohio	80803
Constitution, an action for equitable and monetary relief may be	80804
brought against an employer by the attorney general and/or an	80805
employee or person acting on behalf of an employee or all	80806
similarly situated employees in any court of competent	80807
jurisdiction, including the court of common pleas of an employee's	80808
county of residence, for any violation of Section 34a of Article	80809
II, Ohio Constitution, or any law or regulation implementing its	80810
provisions within three years of the violation or of when the	80811
violation ceased if it was of a continuing nature, or within one	80812
year after notification to the employee of final disposition by	80813
the state of a complaint for the same violation, whichever is	80814
later.	80815

(1) As used in division (K) of this section, "notification"	80816
means the date on which the notice was sent to the employee by the	80817
state.	80818

(2) No employee shall join as a party plaintiff in any civil	80819
action that is brought under division (K) of this section by an	80820
employee, person acting on behalf of an employee, or person acting	80821
on behalf of all similarly situated employees unless that employee	80822
first gives written consent to become such a party plaintiff and	80823
that consent is filed with the court in which the action is	80824
brought.	80825

(3) A civil action regarding an alleged violation of this	80826
section shall be maintained only under division (K) of this	80827
section. This division does not preclude the joinder in a single	80828
civil action of an action under this division and an action under	80829
section 4111.10 of the Revised Code.	80830

(4) Any agreement between an employee and employer to work	80831
for less than the wage rate specified in Section 34a of Article	80832
II, Ohio Constitution, is no defense to an action under this	80833
section.	80834

(L) In accordance with Section 34a of Article II, Ohio	80835
Constitution, there shall be no exhaustion requirement, no	80836
procedural, pleading, or burden of proof requirements beyond those	80837
that apply generally to civil suits in order to maintain such	80838
action and no liability for costs or attorney's fees on an	80839
employee except upon a finding that such action was frivolous in	80840
accordance with the same standards that apply generally in civil	80841
suits. Nothing in division (L) of this section affects the right	80842
of an employer and employee to agree to submit a dispute under	80843
this section to alternative dispute resolution, including, but not	80844
limited to, arbitration, in lieu of maintaining the civil suit	80845
specified in division (K) of this section. Nothing in this	80846
division limits the state's ability to investigate or enforce this	80847
section.	80848

(M) An employer who provides such information specified in	80849
Section 34a of Article II, Ohio Constitution, shall be immune from	80850
any civil liability for injury, death, or loss to person or	80851
property that otherwise might be incurred or imposed as a result	80852
of providing that information to an employee or person acting on	80853
behalf of an employee in response to a request by the employee or	80854
person, and the employer shall not be subject to the provisions of	80855
Chapters 1347. and 1349. of the Revised Code to the extent that	80856
such provisions would otherwise apply. As used in division (M) of	80857
this section, "such information," "acting on behalf of an	80858
employee," and "request" have the same meanings as in division (G)	80859
of this section.	80860

(N) As used in this section, "the state" means the director	80861
of commerce.	80862

Sec. 4113.11. (A) As specified in division (B) of this	80863
section and except as provided in divisions (C) and ~~(F)~~(E) of this	80864
section, all employers that employ ten or more employees shall	80865
adopt and maintain a cafeteria plan that allows the employer's	80866
employees to pay for health insurance coverage by a salary	80867
reduction arrangement as permitted under section 125 of the	80868
Internal Revenue Code.	80869

(B) Employers shall comply with the requirements of division	80870
(A) of this section as follows:	80871

(1) For employers that employ more than five hundred	80872
employees, by not later than January 1, 2011, or six months after	80873
the superintendent of insurance adopts rules as required by	80874
division ~~(E)~~(D) of this section, whichever is later;	80875

(2) For employers that employ one hundred fifty to five	80876
hundred employees, by not later than July 1, 2011, or twelve	80877
months after the superintendent adopts rules as required by	80878
division ~~(E)~~(D) of this section, whichever is later;	80879

(3) For employers that employ ten to one hundred forty-nine	80880
employees, by not later than January 1, 2012, or eighteen months	80881
after the superintendent adopts rules as required by division	80882
~~(E)~~(D) of this section, whichever is later.	80883

(C) This section shall not apply to employers that, through	80884
other means than provided under this section, offer health	80885
insurance coverage, reimburse for health insurance coverage, or	80886
provide employees with opportunities to pay for health insurance	80887
with pre-tax dollars through other salary reduction arrangements.	80888

(D) ~~The health care coverage and quality council created~~	80889
~~under section 3923.90 of the Revised Code shall make~~	80890
~~recommendations to the superintendent for both of the following:~~	80891

~~(1) Development of strategies to educate, assist, and conduct~~	80892
~~outreach to employers to simplify administrative processes with~~	80893
~~respect to creating and maintaining cafeteria plans, including,~~	80894
~~but not limited to, providing employers with model cafeteria plan~~	80895
~~documents and technical assistance on creating and maintaining~~	80896
~~cafeteria plans that conform with state and federal law;~~	80897

~~(2) Development of strategies to educate, assist, and conduct~~	80898
~~outreach to employees with respect to finding, selecting, and~~	80899
~~purchasing a health insurance plan to be paid for through their~~	80900
~~employer's cafeteria plan under this section.~~	80901

~~(E)~~(1) The superintendent shall adopt rules in accordance	80902
with Chapter 119. of the Revised Code to implement and enforce	80903
this section~~, including the strategies recommended by the council~~	80904
~~pursuant to division (D) of this section~~.	80905

(2) Prior to adopting rules under this division, the	80906
superintendent shall consult any federal agency that has oversight	80907
of cafeteria plans and employee welfare benefit plans, including	80908
the internal revenue service and the United States department of	80909
labor, and receive written confirmation that the rules adopted	80910
will permit employers to establish cafeteria plans in accordance	80911
with federal law. The written confirmation shall include a	80912
determination that individual policies purchased pursuant to this	80913
section do not need to comply with the group market rules	80914
established by the "Health Insurance Portability and	80915
Accountability Act of 1996."	80916

~~(F)~~(E) The requirement provided in division (A) of this	80917
section does not apply if the superintendent does not receive	80918
written confirmation pursuant to division ~~(E)~~(D)(2) of this	80919
section that individual policies purchased pursuant to this	80920
section do not need to comply with the group market rules	80921
established by the "Health Insurance Portability and	80922
Accountability Act of 1996."	80923

~~(G)~~(F) Nothing in this section shall be construed as	80924
requiring an employer to establish a cafeteria plan in a manner	80925
that would violate federal law, including the "Employee Retirement	80926
Income Security Act of 1974," the "Consolidated Omnibus Budget	80927
Reconciliation Act of 1985," or the "Health Insurance Portability	80928
and Accountability Act of 1996."	80929

~~(H)~~(G) As used in this section:

80930

(1) "Cafeteria plan" has the same meaning as in section 125	80931
of the Internal Revenue Code.	80932

(2) "Employer" has the same meaning as in section 4113.51 of	80933
the Revised Code.	80934

(3) "Employee" means an individual employed for consideration	80935
who works twenty-five or more hours per week or who renders any	80936
other standard of service generally accepted by custom or	80937
specified by contract as full-time employment, except for a public	80938
employee employed by a township or municipal corporation. In that	80939
case, "employee" means an individual hired with the expectation	80940
that the employee will work more than one thousand five hundred	80941
hours in any year unless full-time employment is defined	80942
differently in an applicable collective bargaining agreement.	80943

Sec. 4113.61. (A)(1) If a subcontractor or material supplier	80944
submits an application or request for payment or an invoice for	80945
materials to a contractor in sufficient time to allow the	80946
contractor to include the application, request, or invoice in the	80947
contractor's own pay request submitted to an owner, the	80948
contractor, within ten calendar days after receipt of payment from	80949
the owner for improvements to property, shall pay to the:	80950

(a) Subcontractor, an amount that is equal to the percentage	80951
of completion of the subcontractor's contract allowed by the owner	80952
for the amount of labor or work performed;	80953

(b) Material supplier, an amount that is equal to all or that	80954
portion of the invoice for materials which represents the	80955
materials furnished by the material supplier.	80956

The contractor may reduce the amount paid by any retainage	80957
provision contained in the contract, invoice, or purchase order	80958
between the contractor and the subcontractor or material supplier,	80959
and may withhold amounts that may be necessary to resolve disputed	80960
liens or claims involving the work or labor performed or material	80961
furnished by the subcontractor or material supplier.	80962

If the contractor fails to comply with division (A)(1) of	80963
this section, the contractor shall pay the subcontractor or	80964
material supplier, in addition to the payment due, interest in the	80965
amount of eighteen per cent per annum of the payment due,	80966
beginning on the eleventh day following the receipt of payment	80967
from the owner and ending on the date of full payment of the	80968
payment due plus interest to the subcontractor or material	80969
supplier.	80970

(2) If a lower tier subcontractor or lower tier material	80971
supplier submits an application or request for payment or an	80972
invoice for materials to a subcontractor, material supplier, or	80973
other lower tier subcontractor or lower tier material supplier in	80974
sufficient time to allow the subcontractor, material supplier, or	80975
other lower tier subcontractor or lower tier material supplier to	80976
include the application, request, or invoice in the	80977
subcontractor's, material supplier's, or other lower tier	80978
subcontractor's or lower tier material supplier's own pay request	80979
submitted to a contractor, other subcontractor, material supplier,	80980
lower tier subcontractor, or lower tier material supplier, the	80981
subcontractor, material supplier, or other lower tier	80982
subcontractor or lower tier material supplier, within ten calendar	80983
days after receipt of payment from the contractor, other	80984
subcontractor, material supplier, lower tier subcontractor, or	80985
lower tier material supplier for improvements to property, shall	80986
pay to the:	80987

(a) Lower tier subcontractor, an amount that is equal to the	80988
percentage of completion of the lower tier subcontractor's	80989
contract allowed by the owner for the amount of labor or work	80990
performed;	80991

(b) Lower tier material supplier, an amount that is equal to	80992
all or that portion of the invoice for materials which represents	80993
the materials furnished by the lower tier material supplier.	80994

The subcontractor, material supplier, lower tier	80995
subcontractor, or lower tier material supplier may reduce the	80996
amount paid by any retainage provision contained in the contract,	80997
invoice, or purchase order between the subcontractor, material	80998
supplier, lower tier subcontractor, or lower tier material	80999
supplier and the lower tier subcontractor or lower tier material	81000
supplier, and may withhold amounts that may be necessary to	81001
resolve disputed liens or claims involving the work or labor	81002
performed or material furnished by the lower tier subcontractor or	81003
lower tier material supplier.	81004

If the subcontractor, material supplier, lower tier	81005
subcontractor, or lower tier material supplier fails to comply	81006
with division (A)(2) of this section, the subcontractor, material	81007
supplier, lower tier subcontractor, or lower tier material	81008
supplier shall pay the lower tier subcontractor or lower tier	81009
material supplier, in addition to the payment due, interest in the	81010
amount of eighteen per cent per annum of the payment due,	81011
beginning on the eleventh day following the receipt of payment	81012
from the contractor, other subcontractor, material supplier, lower	81013
tier subcontractor, or lower tier material supplier and ending on	81014
the date of full payment of the payment due plus interest to the	81015
lower tier subcontractor or lower tier material supplier.	81016

(3) If a contractor receives any final retainage from the	81017
owner for improvements to property, the contractor shall pay from	81018
that retainage each subcontractor and material supplier the	81019
subcontractor's or material supplier's proportion of the	81020
retainage, within ten calendar days after receipt of the retainage	81021
from the owner, or within the time period provided in a contract,	81022
invoice, or purchase order between the contractor and the	81023
subcontractor or material supplier, whichever time period is	81024
shorter, provided that the contractor has determined that the	81025
subcontractor's or material supplier's work, labor, and materials	81026
have been satisfactorily performed or furnished and that the owner	81027
has approved the subcontractor's or material supplier's work,	81028
labor, and materials.	81029

If the contractor fails to pay a subcontractor or material	81030
supplier within the appropriate time period, the contractor shall	81031
pay the subcontractor or material supplier, in addition to the	81032
retainage due, interest in the amount of eighteen per cent per	81033
annum of the retainage due, beginning on the eleventh day	81034
following the receipt of the retainage from the owner and ending	81035
on the date of full payment of the retainage due plus interest to	81036
the subcontractor or material supplier.	81037

(4) If a subcontractor, material supplier, lower tier	81038
subcontractor, or lower tier material supplier receives any final	81039
retainage from the contractor or other subcontractor, lower tier	81040
subcontractor, or lower tier material supplier for improvements to	81041
property, the subcontractor, material supplier, lower tier	81042
subcontractor, or lower tier material supplier shall pay from that	81043
retainage each lower tier subcontractor or lower tier the lower	81044
tier subcontractor's or lower tier material supplier's proportion	81045
of the retainage, within ten calendar days after receipt of	81046
payment from the contractor or other subcontractor, lower tier	81047
subcontractor, or lower tier material supplier, or within the time	81048
period provided in a contract, invoice, or purchase order between	81049
the subcontractor, material supplier, lower tier subcontractor, or	81050
lower tier material supplier and the lower tier subcontractor or	81051
lower tier material supplier, whichever time period is shorter,	81052
provided that the subcontractor, material supplier, lower tier	81053
subcontractor, or lower tier material supplier has determined that	81054
the lower tier subcontractor's or lower tier material supplier's	81055
work, labor, and materials have been satisfactorily performed or	81056
furnished and that the owner has approved the lower tier	81057
subcontractor's or lower tier material supplier's work, labor, and	81058
materials.	81059

If the subcontractor, material supplier, lower tier	81060
subcontractor, or lower tier material supplier fails to pay the	81061
lower tier subcontractor or lower tier material supplier within	81062
the appropriate time period, the subcontractor, material supplier,	81063
lower tier subcontractor, or lower tier material supplier shall	81064
pay the lower tier subcontractor or lower tier material supplier,	81065
in addition to the retainage due, interest in the amount of	81066
eighteen per cent per annum of the retainage due, beginning on the	81067
eleventh day following the receipt of the retainage from the	81068
contractor or other subcontractor, lower tier subcontractor, or	81069
lower tier material supplier and ending on the date of full	81070
payment of the retainage due plus interest to the lower tier	81071
subcontractor or lower tier material supplier.	81072

(5) A contractor, subcontractor, or lower tier subcontractor	81073
shall pay a laborer wages due within ten days of payment of any	81074
application or request for payment or the receipt of any retainage	81075
from an owner, contractor, subcontractor, or lower tier	81076
subcontractor.	81077

If the contractor, subcontractor, or lower tier subcontractor	81078
fails to pay the laborer wages due within the appropriate time	81079
period, the contractor, subcontractor, or lower tier subcontractor	81080
shall pay the laborer, in addition to the wages due, interest in	81081
the amount of eighteen per cent per annum of the wages due,	81082
beginning on the eleventh day following the receipt of payment	81083
from the owner, contractor, subcontractor, or lower tier	81084
subcontractor and ending on the date of full payment of the wages	81085
due plus interest to the laborer.	81086

(B)(1) If a contractor, subcontractor, material supplier,	81087
lower tier subcontractor, or lower tier material supplier has not	81088
made payment in compliance with division (A)(1), (2), (3), (4), or	81089
(5) of this section within thirty days after payment is due, a	81090
subcontractor, material supplier, lower tier subcontractor, lower	81091
tier material supplier, or laborer may file a civil action to	81092
recover the amount due plus the interest provided in those	81093
divisions. If the court finds in the civil action that a	81094
contractor, subcontractor, material supplier, lower tier	81095
subcontractor, or lower tier material supplier has not made	81096
payment in compliance with those divisions, the court shall award	81097
the interest specified in those divisions, in addition to the	81098
amount due. Except as provided in division (B)(3) of this section,	81099
the court shall award the prevailing party reasonable attorney	81100
fees and court costs.	81101

(2) In making a determination to award attorney fees under	81102
division (B)(1) of this section, the court shall consider all	81103
relevant factors, including but not limited to the following:	81104

(a) The presence or absence of good faith allegations or	81105
defenses asserted by the parties;	81106

(b) The proportion of the amount of recovery as it relates to	81107
the amount demanded;	81108

(c) The nature of the services rendered and the time expended	81109
in rendering the services.	81110

(3) The court shall not award attorney fees under division	81111
(B)(1) of this section if the court determines, following a	81112
hearing on the payment of attorney fees, that the payment of	81113
attorney fees to the prevailing party would be inequitable.	81114

(C) This section does not apply to any construction or	81115
improvement of any single-, two-, or three-family detached	81116
dwelling houses.	81117

(D)(1) No provision of this section regarding entitlement to	81118
interest, attorney fees, or court costs may be waived by agreement	81119
and any such term in any contract or agreement is void and	81120
unenforceable as against public policy.	81121

(2) This section shall not be construed as impairing or	81122
affecting, in any way, the terms and conditions of any contract,	81123
invoice, purchase order, or any other agreement between a	81124
contractor and a subcontractor or a material supplier or between a	81125
subcontractor and another subcontractor, a material supplier, a	81126
lower tier subcontractor, or a lower tier material supplier,	81127
except that if such terms and conditions contain time periods	81128
which are longer than any of the time periods specified in	81129
divisions (A)(1), (2), (3), (4), and (5) of this section or	81130
interest at a percentage less than the interest stated in those	81131
divisions, then the provisions of this section shall prevail over	81132
such terms and conditions.	81133

(E) Notwithstanding the definition of lower tier material	81134
supplier in this section, a person is not a lower tier material	81135
supplier unless the materials supplied by the person are:	81136

(1) Furnished with the intent, as evidenced by the contract	81137
of sale, the delivery order, delivery to the site, or by other	81138
evidence that the materials are to be used on a particular	81139
structure or improvement;	81140

(2) Incorporated in the improvement or consumed as normal	81141
wastage in the course of the improvement; or	81142

(3) Specifically fabricated for incorporation in the	81143
improvement and not readily resalable in the ordinary course of	81144
the fabricator's business even if not actually incorporated in the	81145
improvement.	81146

(F) As used in this section:

81147

(1) "Contractor" means any person who undertakes to	81148
construct, alter, erect, improve, repair, demolish, remove, dig,	81149
or drill any part of a structure or improvement under a contract	81150
with an owner, or a "construction manager" or "construction	81151
manager at risk" as ~~that term is~~those terms are defined in	81152
section 9.33 of the Revised Code, or a "design-build firm" as that	81153
term is defined in section 153.65 of the Revised Code.	81154

(2) "Laborer," "material supplier," "subcontractor," and	81155
"wages" have the same meanings as in section 1311.01 of the	81156
Revised Code.	81157

(3) "Lower tier subcontractor" means a subcontractor who is	81158
not in privity of contract with a contractor but is in privity of	81159
contract with another subcontractor.	81160

(4) "Lower tier material supplier" means a material supplier	81161
who is not in privity of contract with a contractor but is in	81162
privity of contract with another subcontractor or a material	81163
supplier.	81164

(5) "Wages due" means the wages due to a laborer as of the	81165
date a contractor or subcontractor receives payment for any	81166
application or request for payment or retainage from any owner,	81167
contractor, or subcontractor.	81168

(6) "Owner" includes the state, and a county, township,	81169
municipal corporation, school district, or other political	81170
subdivision of the state, and any public agency, authority, board,	81171
commission, instrumentality, or special district of or in the	81172
state or a county, township, municipal corporation, school	81173
district, or other political subdivision of the state, and any	81174
officer or agent thereof and relates to all the interests either	81175
legal or equitable, which a person may have in the real estate	81176
upon which improvements are made, including interests held by any	81177
person under contracts of purchase, whether in writing or	81178
otherwise.	81179

Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the	81180
Revised Code:	81181

(A) "Public authority" means any officer, board, or	81182
commission of the state, or any political subdivision of the	81183
state, authorized to enter into a contract for the construction of	81184
a public improvement or to construct the same by the direct	81185
employment of labor, or any institution supported in whole or in	81186
part by public funds and said sections apply to expenditures of	81187
such institutions made in whole or in part from public funds.	81188

(B) "Construction" means ~~either~~any of the following:

81189

(1) ~~Any~~Except as provided in division (B)(3) of this	81190
section, any new construction of ~~any~~a public improvement, the	81191
total overall project cost of which is fairly estimated to be more	81192
than ~~fifty~~three million five hundred thousand dollars adjusted	81193
biennially by the director of commerce pursuant to section	81194
4115.034 of the Revised Code and performed by other than full-time	81195
employees who have completed their probationary periods in the	81196
classified service of a public authority;	81197

(2) ~~Any~~Except as provided in division (B)(4) of this	81198
section, any reconstruction, enlargement, alteration, repair,	81199
remodeling, renovation, or painting of ~~any~~a public improvement,	81200
the total overall project cost of which is fairly estimated to be	81201
more than ~~fifteen~~three million five hundred thousand dollars	81202
adjusted biennially by the ~~administrator~~director pursuant to	81203
section 4115.034 of the Revised Code and performed by other than	81204
full-time employees who have completed their probationary period	81205
in the classified civil service of a public authority;	81206

(3) Any new construction of a public improvement that	81207
involves roads, streets, alleys, sewers, ditches, and other works	81208
connected to road or bridge construction, the total overall	81209
project cost of which is fairly estimated to be more than	81210
seventy-eight thousand two hundred fifty-eight dollars adjusted	81211
biennially by the director of commerce pursuant to section	81212
4115.034 of the Revised Code and performed by other than full-time	81213
employees who have completed their probationary periods in the	81214
classified service of a public authority;	81215

(4) Any reconstruction, enlargement, alteration, repair,	81216
remodeling, renovation, or painting of a public improvement that	81217
involves roads, streets, alleys, sewers, ditches, and other works	81218
connected to road or bridge construction, the total overall	81219
project cost of which is fairly estimated to be more than	81220
twenty-three thousand four hundred forty-seven dollars adjusted	81221
biennially by the director of commerce pursuant to section	81222
4115.034 of the Revised code and performed by other than full-time	81223
employees who have completed their probationary periods in the	81224
classified service of a public authority.	81225

(C) "Public improvement" includes all buildings, roads,	81226
streets, alleys, sewers, ditches, sewage disposal plants, water	81227
works, and all other structures or works constructed by a public	81228
authority of the state or any political subdivision thereof or by	81229
any person who, pursuant to a contract with a public authority,	81230
constructs any structure for a public authority of the state or a	81231
political subdivision thereof. When a public authority rents or	81232
leases a newly constructed structure within six months after	81233
completion of such construction, all work performed on such	81234
structure to suit it for occupancy by a public authority is a	81235
"public improvement." "Public improvement" does not include an	81236
improvement authorized by section 1515.08 of the Revised Code that	81237
is constructed pursuant to a contract with a soil and water	81238
conservation district, as defined in section 1515.01 of the	81239
Revised Code, or performed as a result of a petition filed	81240
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	81241
wherein no less than seventy-five per cent of the project is	81242
located on private land and no less than seventy-five per cent of	81243
the cost of the improvement is paid for by private property owners	81244
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	81245
Code. "Public improvement" does not include an improvement that is	81246
neither constructed by a public authority nor constructed for the	81247
benefit of a public authority, even if the improvement uses or	81248
receives financing, grants, or in-kind support from a public	81249
authority.	81250

(D) "Locality" means the county wherein the physical work	81251
upon any public improvement is being performed.	81252

(E) "Prevailing wages" means the sum of the following:

81253

(1) The basic hourly rate of pay;

81254

(2) The rate of contribution irrevocably made by a contractor	81255
or subcontractor to a trustee or to a third person pursuant to a	81256
fund, plan, or program;	81257

(3) The rate of costs to the contractor or subcontractor	81258
which may be reasonably anticipated in providing the following	81259
fringe benefits to laborers and mechanics pursuant to an	81260
enforceable commitment to carry out a financially responsible plan	81261
or program which was communicated in writing to the laborers and	81262
mechanics affected:	81263

(a) Medical or hospital care or insurance to provide such;

81264

(b) Pensions on retirement or death or insurance to provide	81265
such;	81266

(c) Compensation for injuries or illnesses resulting from	81267
occupational activities if it is in addition to that coverage	81268
required by Chapters 4121. and 4123. of the Revised Code;	81269

(d) Supplemental unemployment benefits that are in addition	81270
to those required by Chapter 4141. of the Revised Code;	81271

(e) Life insurance;

81272

(f) Disability and sickness insurance;

81273

(g) Accident insurance;

81274

(h) Vacation and holiday pay;

81275

(i) Defraying of costs for apprenticeship or other similar	81276
training programs which are beneficial only to the laborers and	81277
mechanics affected;	81278

(j) Other bona fide fringe benefits.

81279

None of the benefits enumerated in division (E)(3) of this	81280
section may be considered in the determination of prevailing wages	81281
if federal, state, or local law requires contractors or	81282
subcontractors to provide any of such benefits.	81283

(F) "Interested party," with respect to a particular public	81284
improvement, means:	81285

(1) Any person who submits a bid for the purpose of securing	81286
the award of a contract for construction of the public	81287
improvement;	81288

(2) Any person acting as a subcontractor of a person	81289
mentioned in division (F)(1) of this section;	81290

(3) Any bona fide organization of labor which has as members	81291
or is authorized to represent employees of a person mentioned in	81292
division (F)(1) or (2) of this section and which exists, in whole	81293
or in part, for the purpose of negotiating with employers	81294
concerning the wages, hours, or terms and conditions of employment	81295
of employees;	81296

(4) Any association having as members any of the persons	81297
mentioned in division (F)(1) or (2) of this section.	81298

(G) Except as used in division (A) of this section, "officer"	81299
means an individual who has an ownership interest or holds an	81300
office of trust, command, or authority in a corporation, business	81301
trust, partnership, or association.	81302

Sec. 4115.033. No public authority shall subdivide a public	81303
improvement project into component parts or projects, the cost of	81304
which is fairly estimated to be less than the threshold levels set	81305
forth in ~~divisions~~division (B)~~(1) and (2)~~ of section 4115.03 of	81306
the Revised Code, unless the projects are conceptually separate	81307
and unrelated to each other, or encompass independent and	81308
unrelated needs of the public authority.	81309

Sec. 4115.034. On January 1, 1996, and the first day of	81310
January of every even-numbered year thereafter, the director of	81311
commerce shall adjust the threshold levels for which public	81312
improvement projects are subject to sections 4115.03 to 4115.16 of	81313
the Revised Code as set forth in ~~divisions~~division (B)~~(1) and (2)~~	81314
of section 4115.03 of the Revised Code. The director shall adjust	81315
those amounts according to the average increase or decrease for	81316
each of the two years immediately preceding the adjustment as set	81317
forth in the United States department of commerce, bureau of the	81318
census implicit price deflator for construction, provided that no	81319
increase or decrease for any year shall exceed three per cent of	81320
the threshold level in existence at the time of the adjustment.	81321

Sec. 4115.04. (A)(1) Every public authority authorized to	81322
contract for or construct with its own forces a public	81323
improvement, before advertising for bids or undertaking such	81324
construction with its own forces, shall have the director of	81325
commerce determine the prevailing rates of wages of mechanics and	81326
laborers in accordance with section 4115.05 of the Revised Code	81327
for the class of work called for by the public improvement, in the	81328
locality where the work is to be performed. Except as provided in	81329
division (A)(2) of this section, that schedule of wages shall be	81330
attached to and made part of the specifications for the work, and	81331
shall be printed on the bidding blanks where the work is done by	81332
contract. A copy of the bidding blank shall be filed with the	81333
director before the contract is awarded. A minimum rate of wages	81334
for common laborers, on work coming under the jurisdiction of the	81335
department of transportation, shall be fixed in each county of the	81336
state by the department of transportation, in accordance with	81337
section 4115.05 of the Revised Code.	81338

(2) In the case of contracts that are administered by the	81339
department of natural resources, the director of natural resources	81340
or the director's designee shall include language in the contracts	81341
requiring wage rate determinations and updates to be obtained	81342
directly from the department of commerce through electronic or	81343
other means as appropriate. Contracts that include this	81344
requirement are exempt from the requirements established in	81345
division (A)(1) of this section that involve attaching the	81346
schedule of wages to the specifications for the work, making the	81347
schedule part of those specifications, and printing the schedule	81348
on the bidding blanks where the work is done by contract.	81349

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	81350
apply to:	81351

(1) Public improvements in any case where the federal	81352
government or any of its agencies furnishes by loan or grant all	81353
or any part of the funds used in constructing such improvements,	81354
provided that the federal government or any of its agencies	81355
prescribes predetermined minimum wages to be paid to mechanics and	81356
laborers employed in the construction of such improvements;	81357

(2) A participant in a work activity, developmental activity,	81358
or an alternative work activity under sections 5107.40 to 5107.69	81359
of the Revised Code when a public authority directly uses the	81360
labor of the participant to construct a public improvement if the	81361
participant is not engaged in paid employment or subsidized	81362
employment pursuant to the activity;	81363

(3) Public improvements undertaken by, or under contract for,	81364
the board of education of any school district or the governing	81365
board of any educational service center;	81366

(4) Public improvements undertaken by, or under contract for,	81367
a county hospital operated pursuant to Chapter 339. of the Revised	81368
Code or a municipal hospital operated pursuant to Chapter 749. of	81369
the Revised Code if none of the funds used in constructing the	81370
improvements are the proceeds of bonds or other obligations that	81371
are secured by the full faith and credit of the state, a county, a	81372
township, or a municipal corporation and none of the funds used in	81373
constructing the improvements, including funds used to repay any	81374
amounts borrowed to construct the improvements, are funds that	81375
have been appropriated for that purpose by the state, a board of	81376
county commissioners, a township, or a municipal corporation from	81377
funds generated by the levy of a tax, provided that a county	81378
hospital or municipal hospital may elect to apply sections 4115.03	81379
to 4115.16 of the Revised Code to a public improvement undertaken	81380
by, or under contract for, the hospital;	81381

(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)	81382
of section 176.05 of the Revised Code;	81383

(6) Public improvements undertaken by, or under contract for,	81384
a state institution of higher education as defined in section	81385
3345.12 of the Revised Code;	81386

(7) Public improvements undertaken by, or under contract for,	81387
a port authority as defined in section 4582.01 or 4582.21 of the	81388
Revised Code.	81389

(C) Under no circumstances shall a public authority apply the	81390
prevailing wage requirements of this chapter to a public	81391
improvement that is exempt under division (B)(3) of this section.	81392

Sec. 4115.10. (A) No person, firm, corporation, or public	81393
authority that constructs a public improvement with its own	81394
forces, the total overall project cost of which is fairly	81395
estimated to be more than the amounts set forth in division (B)~~(1)~~	81396
~~or (2)~~ of section 4115.03 of the Revised Code, adjusted biennially	81397
by the director of commerce pursuant to section 4115.034 of the	81398
Revised Code, shall violate the wage provisions of sections	81399
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	81400
require any employee to work for less than the rate of wages so	81401
fixed, or violate the provisions of section 4115.07 of the Revised	81402
Code. Any employee upon any public improvement, except an employee	81403
to whom or on behalf of whom restitution is made pursuant to	81404
division (C) of section 4115.13 of the Revised Code, who is paid	81405
less than the fixed rate of wages applicable thereto may recover	81406
from such person, firm, corporation, or public authority that	81407
constructs a public improvement with its own forces the difference	81408
between the fixed rate of wages and the amount paid to the	81409
employee and in addition thereto a sum equal to twenty-five per	81410
cent of that difference. The person, firm, corporation, or public	81411
authority who fails to pay the rate of wages so fixed also shall	81412
pay a penalty to the director of seventy-five per cent of the	81413
difference between the fixed rate of wages and the amount paid to	81414
the employees on the public improvement. The director shall	81415
deposit all moneys received from penalties paid to the director	81416
pursuant to this section into the ~~penalty enforcement~~labor	81417
operating fund~~, which is hereby created in the state treasury~~. The	81418
director shall use the fund for the enforcement of sections	81419
4115.03 to 4115.16 of the Revised Code. The employee may file suit	81420
for recovery within ninety days of the director's determination of	81421
a violation of sections 4115.03 to 4115.16 of the Revised Code or	81422
is barred from further action under this division. Where the	81423
employee prevails in a suit, the employer shall pay the costs and	81424
reasonable attorney's fees allowed by the court.	81425

(B) Any employee upon any public improvement who is paid less	81426
than the prevailing rate of wages applicable thereto may file a	81427
complaint in writing with the director upon a form furnished by	81428
the director. The complaint shall include documented evidence to	81429
demonstrate that the employee was paid less than the prevailing	81430
wage in violation of this chapter. Upon receipt of a properly	81431
completed written complaint of any employee paid less than the	81432
prevailing rate of wages applicable, the director shall take an	81433
assignment of a claim in trust for the assigning employee and	81434
bring any legal action necessary to collect the claim. The	81435
employer shall pay the costs and reasonable attorney's fees	81436
allowed by the court if the employer is found in violation of	81437
sections 4115.03 to 4115.16 of the Revised Code.	81438

(C) If after investigation pursuant to section 4115.13 of the	81439
Revised Code, the director determines there is a violation of	81440
sections 4115.03 to 4115.16 of the Revised Code and a period of	81441
sixty days has elapsed from the date of the determination, and if:	81442

(1) No employee has brought suit pursuant to division (A) of	81443
this section;	81444

(2) No employee has requested that the director take an	81445
assignment of a wage claim pursuant to division (B) of this	81446
section;.	81447

The director shall bring any legal action necessary to	81448
collect any amounts owed to employees and the director. The	81449
director shall pay over to the affected employees the amounts	81450
collected to which the affected employees are entitled under	81451
division (A) of this section. In any action in which the director	81452
prevails, the employer shall pay the costs and reasonable	81453
attorney's fees allowed by the court.	81454

(D) Where persons are employed and their rate of wages has	81455
been determined as provided in section 4115.04 of the Revised	81456
Code, no person, either for self or any other person, shall	81457
request, demand, or receive, either before or after the person is	81458
engaged, that the person so engaged pay back, return, donate,	81459
contribute, or give any part or all of the person's wages, salary,	81460
or thing of value, to any person, upon the statement,	81461
representation, or understanding that failure to comply with such	81462
request or demand will prevent the procuring or retaining of	81463
employment, and no person shall, directly or indirectly, aid,	81464
request, or authorize any other person to violate this section.	81465
This division does not apply to any agent or representative of a	81466
duly constituted labor organization acting in the collection of	81467
dues or assessments of such organization.	81468

(E) The director shall enforce sections 4115.03 to 4115.16 of	81469
the Revised Code.	81470

(F) For the purpose of supplementing existing resources and	81471
to assist in enforcing division (E) of this section, the director	81472
may contract with a person registered as a public accountant under	81473
Chapter 4701. of the Revised Code to conduct an audit of a person,	81474
firm, corporation, or public authority.	81475

Sec. 4115.101. There is hereby created the prevailing wage	81476
custodial fund, which shall be in the custody of the treasurer of	81477
state but shall not be part of the state treasury. The director of	81478
commerce shall deposit to the fund all money paid by employers to	81479
the director that are held in trust for employees to whom	81480
prevailing wages are due and owing. The director shall make	81481
disbursements from the fund in accordance with this chapter to	81482
employees affected by violations of this chapter. If the director	81483
determines that any funds in the prevailing wage custodial fund	81484
are not returnable to employees as required under this section,	81485
then the director shall certify to the treasurer of state the	81486
amount of the funds that are not returnable. Upon the receipt of a	81487
certification from the director in accordance with this section,	81488
the treasurer of state shall transfer the certified amount of the	81489
funds from the prevailing wage custodial fund to the labor	81490
operating fund.	81491

Sec. 4115.16. (A) An interested party may file a complaint	81492
with the director of commerce alleging a violation of sections	81493
4115.03 to 4115.16 of the Revised Code. The director, upon receipt	81494
of a complaint, shall investigate pursuant to section 4115.13 of	81495
the Revised Code. If the director determines that no violation has	81496
occurred or that the violation was not intentional, the interested	81497
party may appeal the decision to the court of common pleas of the	81498
county where the violation is alleged to have occurred.	81499

(B) ~~If the director has not ruled on the merits of the~~	81500
~~complaint within sixty days after its filing, the interested party~~	81501
~~may file a complaint in the court of common pleas of the county in~~	81502
~~which the violation is alleged to have occurred. The complaint may~~	81503
~~make the contracting public authority a party to the action, but~~	81504
~~not the director. Contemporaneous with service of the complaint,~~	81505
~~the interested party shall deliver a copy of the complaint to the~~	81506
~~director. Upon receipt thereof, the director shall cease~~	81507
~~investigating or otherwise acting upon the complaint filed~~	81508
~~pursuant to division (A) of this section. The court in which the~~	81509
~~complaint is filed pursuant to this division shall hear and decide~~	81510
~~the case, and upon finding that a violation has occurred, shall~~	81511
~~make such orders as will prevent further violation and afford to~~	81512
~~injured persons the relief specified under sections 4115.03 to~~	81513
~~4115.16 of the Revised Code. The court's finding that a violation~~	81514
~~has occurred shall have the same consequences as a like~~	81515
~~determination by the director. The court may order the director to~~	81516
~~take such action as will prevent further violation and afford to~~	81517
~~injured persons the remedies specified under sections 4115.03 to~~	81518
~~4115.16 of the Revised Code. Upon receipt of any order of the~~	81519
~~court pursuant to this section, the director shall undertake~~	81520
~~enforcement action without further investigation or hearings.~~	81521

~~(C)~~ The director shall make available to the parties to any	81522
appeal ~~or action pursuant to~~under this section all files,	81523
documents, affidavits, or other information in the director's	81524
possession that pertain to the matter. ~~The rules generally~~	81525
~~applicable to civil actions in the courts of this state shall~~	81526
~~govern all appeals or actions under this section. Any~~	81527
~~determination of a court under this section is subject to~~	81528
~~appellate review.~~	81529

~~(D) Where, pursuant to this section, a court finds a~~	81530
~~violation of sections 4115.03 to 4115.16 of the Revised Code, the~~	81531
~~court shall award attorney fees and court costs to the prevailing~~	81532
~~party. In the event the court finds that no violation has~~	81533
~~occurred, the court may award court costs and~~ ~~attorney~~ fees to the	81534
prevailing party, other than to the director or the public	81535
authority, where the court finds the action brought was	81536
unreasonable or without foundation, even though not brought in	81537
subjective bad faith.	81538

Sec. 4116.01. As used in sections 4116.01 to 4116.04 of the	81539
Revised Code:	81540

(A) "Public authority" means any officer, board, or	81541
commission of the state, or any political subdivision of the	81542
state, or any institution supported in whole or in part by public	81543
funds, authorized to enter into a contract for the construction of	81544
a public improvement or to construct a public improvement by the	81545
direct employment of labor. "Public authority" shall not mean any	81546
municipal corporation that has adopted a charter under sections	81547
three and seven of article XVIII of the Ohio ~~constitution~~	81548
Constitution, unless the specific contract for a public	81549
improvement includes state funds appropriated for the purposes of	81550
that public improvement.	81551

(B) "Construction" means all of the following:

81552

(1) Any new construction of any public improvement performed	81553
by other than full-time employees who have completed their	81554
probationary periods in the classified service of a public	81555
authority;	81556

(2) Any reconstruction, enlargement, alteration, repair,	81557
remodeling, renovation, or painting of any public improvement	81558
performed by other than full-time employees who have completed	81559
their probationary period in the classified civil service of a	81560
public authority;	81561

(3) Construction on any project, facility, or project	81562
facility to which section ~~122.452,~~ 122.80, ~~165.031,~~ 166.02,	81563
~~1551.13,~~or 1728.07~~, or 3706.042~~ of the Revised Code applies;	81564

(4) Construction on any project as defined in section 122.39	81565
of the Revised Code, any project as defined in section 165.01 of	81566
the Revised Code, any energy resource development facility as	81567
defined in section 1551.01 of the Revised Code, or any project as	81568
defined in section 3706.01 of the Revised Code.	81569

(C) "Public improvement" means all buildings, roads, streets,	81570
alleys, sewers, ditches, sewage disposal plants, water works, and	81571
other structures or works constructed by a public authority or by	81572
any person who, pursuant to a contract with a public authority,	81573
constructs any structure or work for a public authority. When a	81574
public authority rents or leases a newly constructed structure	81575
within six months after completion of its construction, all work	81576
performed on that structure to suit it for occupancy by a public	81577
authority is a "public improvement."	81578

(D) "Interested party," with respect to a particular public	81579
improvement, means all of the following:	81580

(1) Any person who submits a bid for the purpose of securing	81581
the award of a contract for the public improvement;	81582

(2) Any person acting as a subcontractor of a person	81583
mentioned in division (D)(1) of this section;	81584

(3) Any association having as members any of the persons	81585
mentioned in division (D)(1) or (2) of this section;	81586

(4) Any employee of a person mentioned in division (D)(1),	81587
(2), or (3) of this section;	81588

(5) Any individual who is a resident of the jurisdiction of	81589
the public authority for whom products or services for a public	81590
improvement are being procured or for whom work on a public	81591
improvement is being performed.	81592

Sec. 4117.01. As used in this chapter:

81593

(A) "Person," in addition to those included in division (C)	81594
of section 1.59 of the Revised Code, includes employee	81595
organizations, public employees, and public employers.	81596

(B) "Public employer" means the state or any political	81597
subdivision of the state located entirely within the state,	81598
including, without limitation, any municipal corporation with a	81599
population of at least five thousand according to the most recent	81600
federal decennial census; county; township with a population of at	81601
least five thousand in the unincorporated area of the township	81602
according to the most recent federal decennial census; school	81603
district; governing authority of a community school established	81604
under Chapter 3314. of the Revised Code; college preparatory	81605
boarding school established under Chapter 3328. of the Revised	81606
Code or its operator; state institution of higher learning; public	81607
or special district; state agency, authority, commission, or	81608
board; or other branch of public employment. "Public employer"	81609
does not include the nonprofit corporation formed under section	81610
187.01 of the Revised Code.	81611

(C) "Public employee" means any person holding a position by	81612
appointment or employment in the service of a public employer,	81613
including any person working pursuant to a contract between a	81614
public employer and a private employer and over whom the national	81615
labor relations board has declined jurisdiction on the basis that	81616
the involved employees are employees of a public employer, except:	81617

(1) Persons holding elective office;

81618

(2) Employees of the general assembly and employees of any	81619
other legislative body of the public employer whose principal	81620
duties are directly related to the legislative functions of the	81621
body;	81622

(3) Employees on the staff of the governor or the chief	81623
executive of the public employer whose principal duties are	81624
directly related to the performance of the executive functions of	81625
the governor or the chief executive;	81626

(4) Persons who are members of the Ohio organized militia,	81627
while training or performing duty under section 5919.29 or 5923.12	81628
of the Revised Code;	81629

(5) Employees of the state employment relations board,	81630
including those employees of the state employment relations board	81631
utilized by the state personnel board of review in the exercise of	81632
the powers and the performance of the duties and functions of the	81633
state personnel board of review;	81634

(6) Confidential employees;

81635

(7) Management level employees;

81636

(8) Employees and officers of the courts, assistants to the	81637
attorney general, assistant prosecuting attorneys, and employees	81638
of the clerks of courts who perform a judicial function;	81639

(9) Employees of a public official who act in a fiduciary	81640
capacity, appointed pursuant to section 124.11 of the Revised	81641
Code;	81642

(10) Supervisors;

81643

(11) Students whose primary purpose is educational training,	81644
including graduate assistants or associates, residents, interns,	81645
or other students working as part-time public employees less than	81646
fifty per cent of the normal year in the employee's bargaining	81647
unit;	81648

(12) Employees of county boards of election;

81649

(13) Seasonal and casual employees as determined by the state	81650
employment relations board;	81651

(14) Part-time faculty members of an institution of higher	81652
education;	81653

(15) Participants in a work activity, developmental activity,	81654
or alternative work activity under sections 5107.40 to 5107.69 of	81655
the Revised Code who perform a service for a public employer that	81656
the public employer needs but is not performed by an employee of	81657
the public employer if the participant is not engaged in paid	81658
employment or subsidized employment pursuant to the activity;	81659

(16) Employees included in the career professional service of	81660
the department of transportation under section 5501.20 of the	81661
Revised Code;	81662

(17) Employees of community-based correctional facilities and	81663
district community-based correctional facilities created under	81664
sections 2301.51 to 2301.58 of the Revised Code who are not	81665
subject to a collective bargaining agreement on June 1, 2005.	81666

(D) "Employee organization" means any labor or bona fide	81667
organization in which public employees participate and that exists	81668
for the purpose, in whole or in part, of dealing with public	81669
employers concerning grievances, labor disputes, wages, hours,	81670
terms, and other conditions of employment.	81671

(E) "Exclusive representative" means the employee	81672
organization certified or recognized as an exclusive	81673
representative under section 4117.05 of the Revised Code.	81674

(F) "Supervisor" means any individual who has authority, in	81675
the interest of the public employer, to hire, transfer, suspend,	81676
lay off, recall, promote, discharge, assign, reward, or discipline	81677
other public employees; to responsibly direct them; to adjust	81678
their grievances; or to effectively recommend such action, if the	81679
exercise of that authority is not of a merely routine or clerical	81680
nature, but requires the use of independent judgment, provided	81681
that:	81682

(1) Employees of school districts who are department	81683
chairpersons or consulting teachers shall not be deemed	81684
supervisors;	81685

(2) With respect to members of a police or fire department,	81686
no person shall be deemed a supervisor except the chief of the	81687
department or those individuals who, in the absence of the chief,	81688
are authorized to exercise the authority and perform the duties of	81689
the chief of the department. Where prior to June 1, 1982, a public	81690
employer pursuant to a judicial decision, rendered in litigation	81691
to which the public employer was a party, has declined to engage	81692
in collective bargaining with members of a police or fire	81693
department on the basis that those members are supervisors, those	81694
members of a police or fire department do not have the rights	81695
specified in this chapter for the purposes of future collective	81696
bargaining. The state employment relations board shall decide all	81697
disputes concerning the application of division (F)(2) of this	81698
section.	81699

(3) With respect to faculty members of a state institution of	81700
higher education, heads of departments or divisions are	81701
supervisors; however, no other faculty member or group of faculty	81702
members is a supervisor solely because the faculty member or group	81703
of faculty members participate in decisions with respect to	81704
courses, curriculum, personnel, or other matters of academic	81705
policy;	81706

(4) No teacher as defined in section 3319.09 of the Revised	81707
Code shall be designated as a supervisor or a management level	81708
employee unless the teacher is employed under a contract governed	81709
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	81710
is assigned to a position for which a license deemed to be for	81711
administrators under state board rules is required pursuant to	81712
section 3319.22 of the Revised Code.	81713

(G) "To bargain collectively" means to perform the mutual	81714
obligation of the public employer, by its representatives, and the	81715
representatives of its employees to negotiate in good faith at	81716
reasonable times and places with respect to wages, hours, terms,	81717
and other conditions of employment and the continuation,	81718
modification, or deletion of an existing provision of a collective	81719
bargaining agreement, with the intention of reaching an agreement,	81720
or to resolve questions arising under the agreement. "To bargain	81721
collectively" includes executing a written contract incorporating	81722
the terms of any agreement reached. The obligation to bargain	81723
collectively does not mean that either party is compelled to agree	81724
to a proposal nor does it require the making of a concession.	81725

(H) "Strike" means continuous concerted action in failing to	81726
report to duty; willful absence from one's position; or stoppage	81727
of work in whole from the full, faithful, and proper performance	81728
of the duties of employment, for the purpose of inducing,	81729
influencing, or coercing a change in wages, hours, terms, and	81730
other conditions of employment. "Strike" does not include a	81731
stoppage of work by employees in good faith because of dangerous	81732
or unhealthful working conditions at the place of employment that	81733
are abnormal to the place of employment.	81734

(I) "Unauthorized strike" includes, but is not limited to,	81735
concerted action during the term or extended term of a collective	81736
bargaining agreement or during the pendency of the settlement	81737
procedures set forth in section 4117.14 of the Revised Code in	81738
failing to report to duty; willful absence from one's position;	81739
stoppage of work; slowdown, or abstinence in whole or in part from	81740
the full, faithful, and proper performance of the duties of	81741
employment for the purpose of inducing, influencing, or coercing a	81742
change in wages, hours, terms, and other conditions of employment.	81743
"Unauthorized strike" includes any such action, absence, stoppage,	81744
slowdown, or abstinence when done partially or intermittently,	81745
whether during or after the expiration of the term or extended	81746
term of a collective bargaining agreement or during or after the	81747
pendency of the settlement procedures set forth in section 4117.14	81748
of the Revised Code.	81749

(J) "Professional employee" means any employee engaged in	81750
work that is predominantly intellectual, involving the consistent	81751
exercise of discretion and judgment in its performance and	81752
requiring knowledge of an advanced type in a field of science or	81753
learning customarily acquired by a prolonged course in an	81754
institution of higher learning or a hospital, as distinguished	81755
from a general academic education or from an apprenticeship; or an	81756
employee who has completed the courses of specialized intellectual	81757
instruction and is performing related work under the supervision	81758
of a professional person to become qualified as a professional	81759
employee.	81760

(K) "Confidential employee" means any employee who works in	81761
the personnel offices of a public employer and deals with	81762
information to be used by the public employer in collective	81763
bargaining; or any employee who works in a close continuing	81764
relationship with public officers or representatives directly	81765
participating in collective bargaining on behalf of the employer.	81766

(L) "Management level employee" means an individual who	81767
formulates policy on behalf of the public employer, who	81768
responsibly directs the implementation of policy, or who may	81769
reasonably be required on behalf of the public employer to assist	81770
in the preparation for the conduct of collective negotiations,	81771
administer collectively negotiated agreements, or have a major	81772
role in personnel administration. Assistant superintendents,	81773
principals, and assistant principals whose employment is governed	81774
by section 3319.02 of the Revised Code are management level	81775
employees. With respect to members of a faculty of a state	81776
institution of higher education, no person is a management level	81777
employee because of the person's involvement in the formulation or	81778
implementation of academic or institution policy.	81779

(M) "Wages" means hourly rates of pay, salaries, or other	81780
forms of compensation for services rendered.	81781

(N) "Member of a police department" means a person who is in	81782
the employ of a police department of a municipal corporation as a	81783
full-time regular police officer as the result of an appointment	81784
from a duly established civil service eligibility list or under	81785
section 737.15 or 737.16 of the Revised Code, a full-time deputy	81786
sheriff appointed under section 311.04 of the Revised Code, a	81787
township constable appointed under section 509.01 of the Revised	81788
Code, or a member of a township or joint police district police	81789
department appointed under section 505.49 of the Revised Code.	81790

(O) "Members of the state highway patrol" means highway	81791
patrol troopers and radio operators appointed under section	81792
5503.01 of the Revised Code.	81793

(P) "Member of a fire department" means a person who is in	81794
the employ of a fire department of a municipal corporation or a	81795
township as a fire cadet, full-time regular firefighter, or	81796
promoted rank as the result of an appointment from a duly	81797
established civil service eligibility list or under section	81798
505.38, 709.012, or 737.22 of the Revised Code.	81799

(Q) "Day" means calendar day.

81800

Sec. 4117.03. (A) Public employees have the right to:

81801

(1) Form, join, assist, or participate in, or refrain from	81802
forming, joining, assisting, or participating in, except as	81803
otherwise provided in Chapter 4117. of the Revised Code, any	81804
employee organization of their own choosing;	81805

(2) Engage in other concerted activities for the purpose of	81806
collective bargaining or other mutual aid and protection;	81807

(3) Representation by an employee organization;

81808

(4) Bargain collectively with their public employers to	81809
determine wages, hours, terms and other conditions of employment	81810
and the continuation, modification, or deletion of an existing	81811
provision of a collective bargaining agreement, and enter into	81812
collective bargaining agreements;	81813

(5) Present grievances and have them adjusted, without the	81814
intervention of the bargaining representative, as long as the	81815
adjustment is not inconsistent with the terms of the collective	81816
bargaining agreement then in effect and as long as the bargaining	81817
representatives have the opportunity to be present at the	81818
adjustment.	81819

(B) Persons on active duty or acting in any capacity as	81820
members of the organized militia do not have collective bargaining	81821
rights.	81822

(C) Except as provided in division (D) of this section,	81823
nothing in Chapter 4117. of the Revised Code prohibits public	81824
employers from electing to engage in collective bargaining, to	81825
meet and confer, to hold discussions, or to engage in any other	81826
form of collective negotiations with public employees who are not	81827
subject to Chapter 4117. of the Revised Code pursuant to division	81828
(C) of section 4117.01 of the Revised Code.	81829

(D) A public employer shall not engage in collective	81830
bargaining or other forms of collective negotiations with the	81831
employees of county boards of elections referred to in division	81832
(C)(12) of section 4117.01 of the Revised Code.	81833

(E) Employees of public schools may bargain collectively for	81834
health care benefits~~; however, all health care benefits shall~~	81835
~~include best practices prescribed by the school employees health~~	81836
~~care board, in accordance with section 9.901 of the Revised Code~~.	81837

Sec. 4121.03. (A) The governor shall appoint from among the	81838
members of the industrial commission the chairperson of the	81839
industrial commission. The chairperson shall serve as chairperson	81840
at the pleasure of the governor. The chairperson is the head of	81841
the commission and its chief executive officer.	81842

(B) The chairperson shall appoint, after consultation with	81843
other commission members and obtaining the approval of at least	81844
one other commission member, an executive director of the	81845
commission. The executive director shall serve at the pleasure of	81846
the chairperson. The executive director, under the direction of	81847
the chairperson, shall perform all of the following duties:	81848

(1) Act as chief administrative officer for the commission;

81849

(2) Ensure that all commission personnel follow the rules of	81850
the commission;	81851

(3) Ensure that all orders, awards, and determinations are	81852
properly heard and signed, prior to attesting to the documents;	81853

(4) Coordinate, to the fullest extent possible, commission	81854
activities with the bureau of workers' compensation activities;	81855

(5) Do all things necessary for the efficient and effective	81856
implementation of the duties of the commission.	81857

The responsibilities assigned to the executive director of	81858
the commission do not relieve the chairperson from final	81859
responsibility for the proper performance of the acts specified in	81860
this division.	81861

81862

(1) Except as otherwise provided in this division, employ,	81863
promote, supervise, remove, and establish the compensation of all	81864
employees as needed in connection with the performance of the	81865
commission's duties under this chapter and Chapters 4123., 4127.,	81866
and 4131. of the Revised Code and may assign to them their duties	81867
to the extent necessary to achieve the most efficient performance	81868
of its functions, and to that end may establish, change, or	81869
abolish positions, and assign and reassign duties and	81870
responsibilities of every employee of the commission. The civil	81871
service status of any person employed by the commission prior to	81872
November 3, 1989, is not affected by this section. Personnel	81873
employed by the bureau or the commission who are subject to	81874
Chapter 4117. of the Revised Code shall retain all of their rights	81875
and benefits conferred pursuant to that chapter as it presently	81876
exists or is hereafter amended and nothing in this chapter or	81877
Chapter 4123. of the Revised Code shall be construed as	81878
eliminating or interfering with Chapter 4117. of the Revised Code	81879
or the rights and benefits conferred under that chapter to public	81880
employees or to any bargaining unit.	81881

(2) Hire district and staff hearing officers after	81882
consultation with other commission members and obtaining the	81883
approval of at least one other commission member;	81884

(3) Fire staff and district hearing officers when the	81885
chairperson finds appropriate after obtaining the approval of at	81886
least one other commission member;	81887

(4) Maintain the office for the commission in Columbus;

81888

(5) To the maximum extent possible, use electronic data	81889
processing equipment for the issuance of orders immediately	81890
following a hearing, scheduling of hearings and medical	81891
examinations, tracking of claims, retrieval of information, and	81892
any other matter within the commission's jurisdiction, and shall	81893
provide and input information into the electronic data processing	81894
equipment as necessary to effect the success of the claims	81895
tracking system established pursuant to division (B)(15) of	81896
section 4121.121 of the Revised Code;	81897

(6) Exercise all administrative and nonadjudicatory powers	81898
and duties conferred upon the commission by Chapters 4121., 4123.,	81899
4127., and 4131. of the Revised Code;	81900

(7) Approve all contracts for special services.

81901

(D) The chairperson is responsible for all administrative	81902
matters and may secure for the commission facilities, equipment,	81903
and supplies necessary to house the commission, any employees, and	81904
files and records under the commission's control and to discharge	81905
any duty imposed upon the commission by law, the expense thereof	81906
to be audited and paid in the same manner as other state expenses.	81907
For that purpose, the chairperson, separately from the budget	81908
prepared by the administrator of workers' compensation ~~and the~~	81909
~~budget prepared by the director of the workers' compensation~~	81910
~~council~~, shall prepare and submit to the office of budget and	81911
management a budget for each biennium according to sections	81912
101.532 and 107.03 of the Revised Code. The budget submitted shall	81913
cover the costs of the commission and staff and district hearing	81914
officers in the discharge of any duty imposed upon the	81915
chairperson, the commission, and hearing officers by law.	81916

(E) A majority of the commission constitutes a quorum to	81917
transact business. No vacancy impairs the rights of the remaining	81918
members to exercise all of the powers of the commission, so long	81919
as a majority remains. Any investigation, inquiry, or hearing that	81920
the commission may hold or undertake may be held or undertaken by	81921
or before any one member of the commission, or before one of the	81922
deputies of the commission, except as otherwise provided in this	81923
chapter and Chapters 4123., 4127., and 4131. of the Revised Code.	81924
Every order made by a member, or by a deputy, when approved and	81925
confirmed by a majority of the members, and so shown on its record	81926
of proceedings, is the order of the commission. The commission may	81927
hold sessions at any place within the state. The commission is	81928
responsible for all of the following:	81929

(1) Establishing the overall adjudicatory policy and	81930
management of the commission under this chapter and Chapters	81931
4123., 4127., and 4131. of the Revised Code, except for those	81932
administrative matters within the jurisdiction of the chairperson,	81933
bureau of workers' compensation, and the administrator of workers'	81934
compensation under those chapters;	81935

(2) Hearing appeals and reconsiderations under this chapter	81936
and Chapters 4123., 4127., and 4131. of the Revised Code;	81937

(3) Engaging in rulemaking where required by this chapter or	81938
Chapter 4123., 4127., or 4131. of the Revised Code.	81939

Sec. 4121.12. (A) There is hereby created the bureau of	81940
workers' compensation board of directors consisting of eleven	81941
members to be appointed by the governor with the advice and	81942
consent of the senate. One member shall be an individual who, on	81943
account of the individual's previous vocation, employment, or	81944
affiliations, can be classed as a representative of employees; two	81945
members shall be individuals who, on account of their previous	81946
vocation, employment, or affiliations, can be classed as	81947
representatives of employee organizations and at least one of	81948
these two individuals shall be a member of the executive committee	81949
of the largest statewide labor federation; three members shall be	81950
individuals who, on account of their previous vocation,	81951
employment, or affiliations, can be classed as representatives of	81952
employers, one of whom represents self-insuring employers, one of	81953
whom is a state fund employer who employs one hundred or more	81954
employees, and one of whom is a state fund employer who employs	81955
less than one hundred employees; two members shall be individuals	81956
who, on account of their vocation, employment, or affiliations,	81957
can be classed as investment and securities experts who have	81958
direct experience in the management, analysis, supervision, or	81959
investment of assets and are residents of this state; one member	81960
who shall be a certified public accountant; one member who shall	81961
be an actuary who is a member in good standing with the American	81962
academy of actuaries or who is an associate or fellow with the	81963
casualty actuarial society; and one member shall represent the	81964
public and also be an individual who, on account of the	81965
individual's previous vocation, employment, or affiliations,	81966
cannot be classed as either predominantly representative of	81967
employees or of employers. The governor shall select the	81968
chairperson of the board who shall serve as chairperson at the	81969
pleasure of the governor.	81970

None of the members of the board, within one year immediately	81971
preceding the member's appointment, shall have been employed by	81972
the bureau of workers' compensation or by any person, partnership,	81973
or corporation that has provided to the bureau services of a	81974
financial or investment nature, including the management,	81975
analysis, supervision, or investment of assets.	81976

(B) Of the initial appointments made to the board, the	81977
governor shall appoint the member who represents employees, one	81978
member who represents employers, and the member who represents the	81979
public to a term ending one year after June 11, 2007; one member	81980
who represents employers, one member who represents employee	81981
organizations, one member who is an investment and securities	81982
expert, and the member who is a certified public accountant to a	81983
term ending two years after June 11, 2007; and one member who	81984
represents employers, one member who represents employee	81985
organizations, one member who is an investment and securities	81986
expert, and the member who is an actuary to a term ending three	81987
years after June 11, 2007. Thereafter, terms of office shall be	81988
for three years, with each term ending on the same day of the same	81989
month as did the term that it succeeds. Each member shall hold	81990
office from the date of the member's appointment until the end of	81991
the term for which the member was appointed.	81992

Members may be reappointed. Any member appointed to fill a	81993
vacancy occurring prior to the expiration date of the term for	81994
which the member's predecessor was appointed shall hold office as	81995
a member for the remainder of that term. A member shall continue	81996
in office subsequent to the expiration date of the member's term	81997
until a successor takes office or until a period of sixty days has	81998
elapsed, whichever occurs first.	81999

(C) In making appointments to the board, the governor shall	82000
select the members from the list of names submitted by the	82001
workers' compensation board of directors nominating committee	82002
pursuant to this division. The nominating committee shall submit	82003
to the governor a list containing four separate names for each of	82004
the members on the board. Within fourteen days after the	82005
submission of the list, the governor shall appoint individuals	82006
from the list.	82007

At least thirty days prior to a vacancy occurring as a result	82008
of the expiration of a term and within thirty days after other	82009
vacancies occurring on the board, the nominating committee shall	82010
submit an initial list containing four names for each vacancy.	82011
Within fourteen days after the submission of the initial list, the	82012
governor either shall appoint individuals from that list or	82013
request the nominating committee to submit another list of four	82014
names for each member the governor has not appointed from the	82015
initial list, which list the nominating committee shall submit to	82016
the governor within fourteen days after the governor's request.	82017
The governor then shall appoint, within seven days after the	82018
submission of the second list, one of the individuals from either	82019
list to fill the vacancy for which the governor has not made an	82020
appointment from the initial list. If the governor appoints an	82021
individual to fill a vacancy occurring as a result of the	82022
expiration of a term, the individual appointed shall begin serving	82023
as a member of the board when the term for which the individual's	82024
predecessor was appointed expires or immediately upon appointment	82025
by the governor, whichever occurs later. With respect to the	82026
filling of vacancies, the nominating committee shall provide the	82027
governor with a list of four individuals who are, in the judgment	82028
of the nominating committee, the most fully qualified to accede to	82029
membership on the board.	82030

In order for the name of an individual to be submitted to the	82031
governor under this division, the nominating committee shall	82032
approve the individual by an affirmative vote of a majority of its	82033
members.	82034

(D) All members of the board shall receive their reasonable	82035
and necessary expenses pursuant to section 126.31 of the Revised	82036
Code while engaged in the performance of their duties as members	82037
and also shall receive an annual salary not to exceed sixty	82038
thousand dollars in total, payable on the following basis:	82039

(1) Except as provided in division (D)(2) of this section, a	82040
member shall receive two thousand five hundred dollars during a	82041
month in which the member attends one or more meetings of the	82042
board and shall receive no payment during a month in which the	82043
member attends no meeting of the board.	82044

(2) A member may receive no more than thirty thousand dollars	82045
per year to compensate the member for attending meetings of the	82046
board, regardless of the number of meetings held by the board	82047
during a year or the number of meetings in excess of twelve within	82048
a year that the member attends.	82049

(3) Except as provided in division (D)(4) of this section, if	82050
a member serves on the workers' compensation audit committee,	82051
workers' compensation actuarial committee, or the workers'	82052
compensation investment committee, the member shall receive two	82053
thousand five hundred dollars during a month in which the member	82054
attends one or more meetings of the committee on which the member	82055
serves and shall receive no payment during any month in which the	82056
member attends no meeting of that committee.	82057

(4) A member may receive no more than thirty thousand dollars	82058
per year to compensate the member for attending meetings of any of	82059
the committees specified in division (D)(3) of this section,	82060
regardless of the number of meetings held by a committee during a	82061
year or the number of committees on which a member serves.	82062

The chairperson of the board shall set the meeting dates of	82063
the board as necessary to perform the duties of the board under	82064
this chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of	82065
the Revised Code. The board shall meet at least twelve times a	82066
year. The administrator of workers' compensation shall provide	82067
professional and clerical assistance to the board, as the board	82068
considers appropriate.	82069

(E) Before entering upon the duties of office, each appointed	82070
member of the board shall take an oath of office as required by	82071
sections 3.22 and 3.23 of the Revised Code and file in the office	82072
of the secretary of state the bond required under section 4121.127	82073
of the Revised Code.	82074

(F) The board shall:

82075

(1) Establish the overall administrative policy for the	82076
bureau for the purposes of this chapter and Chapters 4123., 4125.,	82077
4127., 4131., and 4167. of the Revised Code;	82078

(2) Review progress of the bureau in meeting its cost and	82079
quality objectives and in complying with this chapter and Chapters	82080
4123., 4125., 4127., 4131., and 4167. of the Revised Code;	82081

(3) Submit an annual report to the president of the senate,	82082
the speaker of the house of representatives, and the governor~~, and~~	82083
~~the workers' compensation council~~ and include all of the following	82084
in that report:	82085

(a) An evaluation of the cost and quality objectives of the	82086
bureau;	82087

(b) A statement of the net assets available for the provision	82088
of compensation and benefits under this chapter and Chapters	82089
4123., 4127., and 4131. of the Revised Code as of the last day of	82090
the fiscal year;	82091

(c) A statement of any changes that occurred in the net	82092
assets available, including employer premiums and net investment	82093
income, for the provision of compensation and benefits and payment	82094
of administrative expenses, between the first and last day of the	82095
fiscal year immediately preceding the date of the report;	82096

(d) The following information for each of the six consecutive	82097
fiscal years occurring previous to the report:	82098

(i) A schedule of the net assets available for compensation	82099
and benefits;	82100

(ii) The annual cost of the payment of compensation and	82101
benefits;	82102

(iii) Annual administrative expenses incurred;

82103

(iv) Annual employer premiums allocated for the provision of	82104
compensation and benefits.	82105

(e) A description of any significant changes that occurred	82106
during the six years for which the board provided the information	82107
required under division (F)(3)(d) of this section that affect the	82108
ability of the board to compare that information from year to	82109
year.	82110

(4) Review all independent financial audits of the bureau.	82111
The administrator shall provide access to records of the bureau to	82112
facilitate the review required under this division.	82113

(5) Study issues as requested by the administrator or the	82114
governor;	82115

(6) Contract with all of the following:

82116

(a) An independent actuarial firm to assist the board in	82117
making recommendations to the administrator regarding premium	82118
rates;	82119

(b) An outside investment counsel to assist the workers'	82120
compensation investment committee in fulfilling its duties;	82121

(c) An independent fiduciary counsel to assist the board in	82122
the performance of its duties.	82123

(7) Approve the investment policy developed by the workers'	82124
compensation investment committee pursuant to section 4121.129 of	82125
the Revised Code if the policy satisfies the requirements	82126
specified in section 4123.442 of the Revised Code.	82127

(8) Review and publish the investment policy no less than	82128
annually and make copies available to interested parties.	82129

(9) Prohibit, on a prospective basis, any specific investment	82130
it finds to be contrary to the investment policy approved by the	82131
board.	82132

(10) Vote to open each investment class and allow the	82133
administrator to invest in an investment class only if the board,	82134
by a majority vote, opens that class;	82135

(11) After opening a class but prior to the administrator	82136
investing in that class, adopt rules establishing due diligence	82137
standards for employees of the bureau to follow when investing in	82138
that class and establish policies and procedures to review and	82139
monitor the performance and value of each investment class;	82140

(12) Submit a report annually on the performance and value of	82141
each investment class to the governor, the president and minority	82142
leader of the senate, and the speaker and minority leader of the	82143
house of representatives~~, and the workers' compensation council~~.	82144

(13) Advise and consent on all of the following:

82145

(a) Administrative rules the administrator submits to it	82146
pursuant to division (B)(5) of section 4121.121 of the Revised	82147
Code for the classification of occupations or industries, for	82148
premium rates and contributions, for the amount to be credited to	82149
the surplus fund, for rules and systems of rating, rate revisions,	82150
and merit rating;	82151

(b) The duties and authority conferred upon the administrator	82152
pursuant to section 4121.37 of the Revised Code;	82153

(c) Rules the administrator adopts for the health partnership	82154
program and the qualified health plan system, as provided in	82155
sections 4121.44, 4121.441, and 4121.442 of the Revised Code;	82156

(d) Rules the administrator submits to it pursuant to Chapter	82157
4167. of the Revised Code regarding the public employment risk	82158
reduction program and the protection of public health care workers	82159
from exposure incidents.	82160

As used in this division, "public health care worker" and	82161
"exposure incident" have the same meanings as in section 4167.25	82162
of the Revised Code.	82163

(14) Perform all duties required under this chapter and	82164
Chapters 4123., 4125., 4127., 4131., and 4167. of the Revised	82165
Code;	82166

(15) Meet with the governor on an annual basis to discuss the	82167
administrator's performance of the duties specified in this	82168
chapter and Chapters 4123., 4125., 4127., 4131., and 4167. of the	82169
Revised Code;	82170

(16) Develop and participate in a bureau of workers'	82171
compensation board of directors education program that consists of	82172
all of the following:	82173

(a) An orientation component for newly appointed members;

82174

(b) A continuing education component for board members who	82175
have served for at least one year;	82176

(c) A curriculum that includes education about each of the	82177
following topics:	82178

(i) Board member duties and responsibilities;

82179

(ii) Compensation and benefits paid pursuant to this chapter	82180
and Chapters 4123., 4127., and 4131. of the Revised Code;	82181

(iii) Ethics;

82182

(iv) Governance processes and procedures;

82183

(v) Actuarial soundness;

82184

(vi) Investments;

82185

(vii) Any other subject matter the board believes is	82186
reasonably related to the duties of a board member.	82187

(17) ~~Submit the program developed pursuant to division~~	82188
~~(F)(16) of this section to the workers' compensation council for~~	82189
~~approval;~~	82190

~~(18)~~ Hold all sessions, classes, and other events for the	82191
program developed pursuant to division (F)(16) of this section in	82192
this state.	82193

(G) The board may do both of the following:

82194

(1) Vote to close any investment class;

82195

(2) Create any committees in addition to the workers'	82196
compensation audit committee, the workers' compensation actuarial	82197
committee, and the workers' compensation investment committee that	82198
the board determines are necessary to assist the board in	82199
performing its duties.	82200

(H) The office of a member of the board who is convicted of	82201
or pleads guilty to a felony, a theft offense as defined in	82202
section 2913.01 of the Revised Code, or a violation of section	82203
102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31,	82204
2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be	82205
deemed vacant. The vacancy shall be filled in the same manner as	82206
the original appointment. A person who has pleaded guilty to or	82207
been convicted of an offense of that nature is ineligible to be a	82208
member of the board. A member who receives a bill of indictment	82209
for any of the offenses specified in this section shall be	82210
automatically suspended from the board pending resolution of the	82211
criminal matter.	82212

(I) For the purposes of division (G)(1) of section 121.22 of	82213
the Revised Code, the meeting between the governor and the board	82214
to review the administrator's performance as required under	82215
division (F)(15) of this section shall be considered a meeting	82216
regarding the employment of the administrator.	82217

Sec. 4121.121. (A) There is hereby created the bureau of	82218
workers' compensation, which shall be administered by the	82219
administrator of workers' compensation. A person appointed to the	82220
position of administrator shall possess significant management	82221
experience in effectively managing an organization or	82222
organizations of substantial size and complexity. A person	82223
appointed to the position of administrator also shall possess a	82224
minimum of five years of experience in the field of workers'	82225
compensation insurance or in another insurance industry, except as	82226
otherwise provided when the conditions specified in division (C)	82227
of this section are satisfied. The governor shall appoint the	82228
administrator as provided in section 121.03 of the Revised Code,	82229
and the administrator shall serve at the pleasure of the governor.	82230
The governor shall fix the administrator's salary on the basis of	82231
the administrator's experience and the administrator's	82232
responsibilities and duties under this chapter and Chapters 4123.,	82233
4125., 4127., 4131., and 4167. of the Revised Code. The governor	82234
shall not appoint to the position of administrator any person who	82235
has, or whose spouse has, given a contribution to the campaign	82236
committee of the governor in an amount greater than one thousand	82237
dollars during the two-year period immediately preceding the date	82238
of the appointment of the administrator.	82239

The administrator shall hold no other public office and shall	82240
devote full time to the duties of administrator. Before entering	82241
upon the duties of the office, the administrator shall take an	82242
oath of office as required by sections 3.22 and 3.23 of the	82243
Revised Code, and shall file in the office of the secretary of	82244
state, a bond signed by the administrator and by surety approved	82245
by the governor, for the sum of fifty thousand dollars payable to	82246
the state, conditioned upon the faithful performance of the	82247
administrator's duties.	82248

(B) The administrator is responsible for the management of	82249
the bureau and for the discharge of all administrative duties	82250
imposed upon the administrator in this chapter and Chapters 4123.,	82251
4125., 4127., 4131., and 4167. of the Revised Code, and in the	82252
discharge thereof shall do all of the following:	82253

(1) Perform all acts and exercise all authorities and powers,	82254
discretionary and otherwise that are required of or vested in the	82255
bureau or any of its employees in this chapter and Chapters 4123.,	82256
4125., 4127., 4131., and 4167. of the Revised Code, except the	82257
acts and the exercise of authority and power that is required of	82258
and vested in the bureau of workers' compensation board of	82259
directors or the industrial commission pursuant to those chapters.	82260
The treasurer of state shall honor all warrants signed by the	82261
administrator, or by one or more of the administrator's employees,	82262
authorized by the administrator in writing, or bearing the	82263
facsimile signature of the administrator or such employee under	82264
sections 4123.42 and 4123.44 of the Revised Code.	82265

(2) Employ, direct, and supervise all employees required in	82266
connection with the performance of the duties assigned to the	82267
bureau by this chapter and Chapters 4123., 4125., 4127., 4131.,	82268
and 4167. of the Revised Code, including an actuary, and may	82269
establish job classification plans and compensation for all	82270
employees of the bureau provided that this grant of authority	82271
shall not be construed as affecting any employee for whom the	82272
state employment relations board has established an appropriate	82273
bargaining unit under section 4117.06 of the Revised Code. All	82274
positions of employment in the bureau are in the classified civil	82275
service except those employees the administrator may appoint to	82276
serve at the administrator's pleasure in the unclassified civil	82277
service pursuant to section 124.11 of the Revised Code. The	82278
administrator shall fix the salaries of employees the	82279
administrator appoints to serve at the administrator's pleasure,	82280
including the chief operating officer, staff physicians, and other	82281
senior management personnel of the bureau and shall establish the	82282
compensation of staff attorneys of the bureau's legal section and	82283
their immediate supervisors, and take whatever steps are necessary	82284
to provide adequate compensation for other staff attorneys.	82285

The administrator may appoint a person who holds a certified	82286
position in the classified service within the bureau to a position	82287
in the unclassified service within the bureau. A person appointed	82288
pursuant to this division to a position in the unclassified	82289
service shall retain the right to resume the position and status	82290
held by the person in the classified service immediately prior to	82291
the person's appointment in the unclassified service, regardless	82292
of the number of positions the person held in the unclassified	82293
service. An employee's right to resume a position in the	82294
classified service may only be exercised when the administrator	82295
demotes the employee to a pay range lower than the employee's	82296
current pay range or revokes the employee's appointment to the	82297
unclassified service. An employee forfeits the right to resume a	82298
position in the classified service when the employee is removed	82299
from the position in the unclassified service due to incompetence,	82300
inefficiency, dishonesty, drunkenness, immoral conduct,	82301
insubordination, discourteous treatment of the public, neglect of	82302
duty, violation of this chapter or Chapter 124., 4123., 4125.,	82303
4127., 4131., or 4167. of the Revised Code, violation of the rules	82304
of the director of administrative services or the administrator,	82305
any other failure of good behavior, any other acts of misfeasance,	82306
malfeasance, or nonfeasance in office, or conviction of a felony.	82307
An employee also forfeits the right to resume a position in the	82308
classified service upon transfer to a different agency.	82309

Reinstatement to a position in the classified service shall	82310
be to a position substantially equal to that position in the	82311
classified service held previously, as certified by the department	82312
of administrative services. If the position the person previously	82313
held in the classified service has been placed in the unclassified	82314
service or is otherwise unavailable, the person shall be appointed	82315
to a position in the classified service within the bureau that the	82316
director of administrative services certifies is comparable in	82317
compensation to the position the person previously held in the	82318
classified service. Service in the position in the unclassified	82319
service shall be counted as service in the position in the	82320
classified service held by the person immediately prior to the	82321
person's appointment in the unclassified service. When a person is	82322
reinstated to a position in the classified service as provided in	82323
this division, the person is entitled to all rights, status, and	82324
benefits accruing to the position during the person's time of	82325
service in the position in the unclassified service.	82326

(3) Reorganize the work of the bureau, its sections,	82327
departments, and offices to the extent necessary to achieve the	82328
most efficient performance of its functions and to that end may	82329
establish, change, or abolish positions and assign and reassign	82330
duties and responsibilities of every employee of the bureau. All	82331
persons employed by the commission in positions that, after	82332
November 3, 1989, are supervised and directed by the administrator	82333
under this section are transferred to the bureau in their	82334
respective classifications but subject to reassignment and	82335
reclassification of position and compensation as the administrator	82336
determines to be in the interest of efficient administration. The	82337
civil service status of any person employed by the commission is	82338
not affected by this section. Personnel employed by the bureau or	82339
the commission who are subject to Chapter 4117. of the Revised	82340
Code shall retain all of their rights and benefits conferred	82341
pursuant to that chapter as it presently exists or is hereafter	82342
amended and nothing in this chapter or Chapter 4123. of the	82343
Revised Code shall be construed as eliminating or interfering with	82344
Chapter 4117. of the Revised Code or the rights and benefits	82345
conferred under that chapter to public employees or to any	82346
bargaining unit.	82347

(4) Provide offices, equipment, supplies, and other	82348
facilities for the bureau.	82349

(5) Prepare and submit to the board information the	82350
administrator considers pertinent or the board requires, together	82351
with the administrator's recommendations, in the form of	82352
administrative rules, for the advice and consent of the board, for	82353
classifications of occupations or industries, for premium rates	82354
and contributions, for the amount to be credited to the surplus	82355
fund, for rules and systems of rating, rate revisions, and merit	82356
rating. The administrator shall obtain, prepare, and submit any	82357
other information the board requires for the prompt and efficient	82358
discharge of its duties.	82359

(6) Keep the accounts required by division (A) of section	82360
4123.34 of the Revised Code and all other accounts and records	82361
necessary to the collection, administration, and distribution of	82362
the workers' compensation funds and shall obtain the statistical	82363
and other information required by section 4123.19 of the Revised	82364
Code.	82365

(7) Exercise the investment powers vested in the	82366
administrator by section 4123.44 of the Revised Code in accordance	82367
with the investment policy approved by the board pursuant to	82368
section 4121.12 of the Revised Code and in consultation with the	82369
chief investment officer of the bureau of workers' compensation.	82370
The administrator shall not engage in any prohibited investment	82371
activity specified by the board pursuant to division (F)(9) of	82372
section 4121.12 of the Revised Code and shall not invest in any	82373
type of investment specified in divisions (B)(1) to (10) of	82374
section 4123.442 of the Revised Code. All business shall be	82375
transacted, all funds invested, all warrants for money drawn and	82376
payments made, and all cash and securities and other property	82377
held, in the name of the bureau, or in the name of its nominee,	82378
provided that nominees are authorized by the administrator solely	82379
for the purpose of facilitating the transfer of securities, and	82380
restricted to the administrator and designated employees.	82381

(8) Make contracts for and supervise the construction of any	82382
project or improvement or the construction or repair of buildings	82383
under the control of the bureau.	82384

(9) Purchase supplies, materials, equipment, and services;	82385
make contracts for, operate, and superintend the telephone, other	82386
telecommunication, and computer services for the use of the	82387
bureau; and make contracts in connection with office reproduction,	82388
forms management, printing, and other services. Notwithstanding	82389
sections 125.12 to 125.14 of the Revised Code, the administrator	82390
may transfer surplus computers and computer equipment directly to	82391
an accredited public school within the state. The computers and	82392
computer equipment may be repaired or refurbished prior to the	82393
transfer.	82394

(10) Prepare and submit to the board an annual budget for	82395
internal operating purposes for the board's approval. The	82396
administrator also shall, separately from the budget the	82397
industrial commission submits ~~and from the budget the director of~~	82398
~~the workers' compensation council submits~~, prepare and submit to	82399
the director of budget and management a budget for each biennium.	82400
The budgets submitted to the board and the director shall include	82401
estimates of the costs and necessary expenditures of the bureau in	82402
the discharge of any duty imposed by law.	82403

(11) As promptly as possible in the course of efficient	82404
administration, decentralize and relocate such of the personnel	82405
and activities of the bureau as is appropriate to the end that the	82406
receipt, investigation, determination, and payment of claims may	82407
be undertaken at or near the place of injury or the residence of	82408
the claimant and for that purpose establish regional offices, in	82409
such places as the administrator considers proper, capable of	82410
discharging as many of the functions of the bureau as is	82411
practicable so as to promote prompt and efficient administration	82412
in the processing of claims. All active and inactive lost-time	82413
claims files shall be held at the service office responsible for	82414
the claim. A claimant, at the claimant's request, shall be	82415
provided with information by telephone as to the location of the	82416
file pertaining to the claimant's claim. The administrator shall	82417
ensure that all service office employees report directly to the	82418
director for their service office.	82419

(12) Provide a written binder on new coverage where the	82420
administrator considers it to be in the best interest of the risk.	82421
The administrator, or any other person authorized by the	82422
administrator, shall grant the binder upon submission of a request	82423
for coverage by the employer. A binder is effective for a period	82424
of thirty days from date of issuance and is nonrenewable. Payroll	82425
reports and premium charges shall coincide with the effective date	82426
of the binder.	82427

(13) Set standards for the reasonable and maximum handling	82428
time of claims payment functions, ensure, by rules, the impartial	82429
and prompt treatment of all claims and employer risk accounts, and	82430
establish a secure, accurate method of time stamping all incoming	82431
mail and documents hand delivered to bureau employees.	82432

(14) Ensure that all employees of the bureau follow the	82433
orders and rules of the commission as such orders and rules relate	82434
to the commission's overall adjudicatory policy-making and	82435
management duties under this chapter and Chapters 4123., 4127.,	82436
and 4131. of the Revised Code.	82437

(15) Manage and operate a data processing system with a	82438
common data base for the use of both the bureau and the commission	82439
and, in consultation with the commission, using electronic data	82440
processing equipment, shall develop a claims tracking system that	82441
is sufficient to monitor the status of a claim at any time and	82442
that lists appeals that have been filed and orders or	82443
determinations that have been issued pursuant to section 4123.511	82444
or 4123.512 of the Revised Code, including the dates of such	82445
filings and issuances.	82446

(16) Establish and maintain a medical section within the	82447
bureau. The medical section shall do all of the following:	82448

(a) Assist the administrator in establishing standard medical	82449
fees, approving medical procedures, and determining eligibility	82450
and reasonableness of the compensation payments for medical,	82451
hospital, and nursing services, and in establishing guidelines for	82452
payment policies which recognize usual, customary, and reasonable	82453
methods of payment for covered services;	82454

(b) Provide a resource to respond to questions from claims	82455
examiners for employees of the bureau;	82456

82457

(d) Implement a program to utilize, to the maximum extent	82458
possible, electronic data processing equipment for storage of	82459
information to facilitate authorizations of compensation payments	82460
for medical, hospital, drug, and nursing services;	82461

(e) Perform other duties assigned to it by the administrator.

82462

(17) Appoint, as the administrator determines necessary,	82463
panels to review and advise the administrator on disputes arising	82464
over a determination that a health care service or supply provided	82465
to a claimant is not covered under this chapter or Chapter 4123.,	82466
4127., or 4131. of the Revised Code or is medically unnecessary.	82467
If an individual health care provider is involved in the dispute,	82468
the panel shall consist of individuals licensed pursuant to the	82469
same section of the Revised Code as such health care provider.	82470

(18) Pursuant to section 4123.65 of the Revised Code, approve	82471
applications for the final settlement of claims for compensation	82472
or benefits under this chapter and Chapters 4123., 4127., and	82473
4131. of the Revised Code as the administrator determines	82474
appropriate, except in regard to the applications of self-insuring	82475
employers and their employees.	82476

(19) Comply with section 3517.13 of the Revised Code, and	82477
except in regard to contracts entered into pursuant to the	82478
authority contained in section 4121.44 of the Revised Code, comply	82479
with the competitive bidding procedures set forth in the Revised	82480
Code for all contracts into which the administrator enters	82481
provided that those contracts fall within the type of contracts	82482
and dollar amounts specified in the Revised Code for competitive	82483
bidding and further provided that those contracts are not	82484
otherwise specifically exempt from the competitive bidding	82485
procedures contained in the Revised Code.	82486

(20) Adopt, with the advice and consent of the board, rules	82487
for the operation of the bureau.	82488

(21) Prepare and submit to the board information the	82489
administrator considers pertinent or the board requires, together	82490
with the administrator's recommendations, in the form of	82491
administrative rules, for the advice and consent of the board, for	82492
the health partnership program and the qualified health plan	82493
system, as provided in sections 4121.44, 4121.441, and 4121.442 of	82494
the Revised Code.	82495

(C) The administrator, with the advice and consent of the	82496
senate, shall appoint a chief operating officer who has a minimum	82497
of five years of experience in the field of workers' compensation	82498
insurance or in another similar insurance industry if the	82499
administrator does not possess such experience. The chief	82500
operating officer shall not commence the chief operating officer's	82501
duties until after the senate consents to the chief operating	82502
officer's appointment. The chief operating officer shall serve in	82503
the unclassified civil service of the state.	82504

Sec. 4121.125. (A) The bureau of workers' compensation board	82505
of directors, based upon recommendations of the workers'	82506
compensation actuarial committee, may contract with one or more	82507
outside actuarial firms and other professional persons, as the	82508
board determines necessary, to assist the board in measuring the	82509
performance of Ohio's workers' compensation system and in	82510
comparing Ohio's workers' compensation system to other state and	82511
private workers' compensation systems. The board, actuarial firm	82512
or firms, and professional persons shall make such measurements	82513
and comparisons using accepted insurance industry standards,	82514
including, but not limited to, standards promulgated by the	82515
National Council on Compensation Insurance.	82516

(B) The board may contract with one or more outside firms to	82517
conduct management and financial audits of the workers'	82518
compensation system, including audits of the reserve fund	82519
belonging to the state insurance fund, and to establish objective	82520
quality management principles and methods by which to review the	82521
performance of the workers' compensation system.	82522

82523

(1) Contract to have prepared annually by or under the	82524
supervision of an actuary a report that meets the requirements	82525
specified under division (E) of this section and that consists of	82526
an actuarial valuation of the assets, liabilities, and funding	82527
requirements of the state insurance fund and all other funds	82528
specified in this chapter and Chapters 4123., 4127., and 4131. of	82529
the Revised Code;	82530

(2) Require that the actuary or person supervised by an	82531
actuary referred to in division (C)(1) of this section complete	82532
the valuation in accordance with the actuarial standards of	82533
practice promulgated by the actuarial standards board of the	82534
American academy of actuaries;	82535

(3) Submit the report referred to in division (C)(1) of this	82536
section to the ~~workers' compensation council and the~~ standing	82537
committees of the house of representatives and the senate with	82538
primary responsibility for workers' compensation legislation on or	82539
before the first day of November following the year for which the	82540
valuation was made;	82541

(4) Have an actuary or a person who provides actuarial	82542
services under the supervision of an actuary, at such time as the	82543
board determines, and at least once during the five-year period	82544
that commences on September 10, 2007, and once within each	82545
five-year period thereafter, conduct an actuarial investigation of	82546
the experience of employers, the mortality, service, and injury	82547
rate of employees, and the payment of temporary total disability,	82548
permanent partial disability, and permanent total disability under	82549
sections 4123.56 to 4123.58 of the Revised Code to update the	82550
actuarial assumptions used in the report required by division	82551
(C)(1) of this section;	82552

(5) Submit the report required under division (F) of this	82553
section to the ~~council and the~~ standing committees of the house of	82554
representatives and the senate with primary responsibility for	82555
workers' compensation legislation not later than the first day of	82556
November following the fifth year of the period that the report	82557
covers;	82558

(6) Have prepared by or under the supervision of an actuary	82559
an actuarial analysis of any introduced legislation expected to	82560
have a measurable financial impact on the workers' compensation	82561
system;	82562

(7) Submit the report required under division (G) of this	82563
section to the legislative service commission,and the standing	82564
committees of the house of representatives and the senate with	82565
primary responsibility for workers' compensation legislation~~, and~~	82566
~~the council~~ not later than sixty days after the date of	82567
introduction of the legislation.	82568

(D) The administrator of workers' compensation and the	82569
industrial commission shall compile information and provide access	82570
to records of the bureau and the industrial commission to the	82571
board to the extent necessary for fulfillment of both of the	82572
following requirements:	82573

(1) Conduct of the measurements and comparisons described in	82574
division (A) of this section;	82575

(2) Conduct of the management and financial audits and	82576
establishment of the principles and methods described in division	82577
(B) of this section.	82578

(E) The firm or person with whom the board contracts pursuant	82579
to division (C)(1) of this section shall prepare a report of the	82580
valuation and submit the report to the board. The firm or person	82581
shall include all of the following information in the report that	82582
is required under division (C)(1) of this section:	82583

(1) A summary of the compensation and benefit provisions	82584
evaluated;	82585

(2) A description of the actuarial assumptions and actuarial	82586
cost method used in the valuation;	82587

(3) A schedule showing the effect of any changes in the	82588
compensation and benefit provisions, actuarial assumptions, or	82589
cost methods since the previous annual actuarial valuation report	82590
was submitted to the board.	82591

(F) The actuary or person whom the board designates to	82592
conduct an actuarial investigation under division (C)(4) of this	82593
section shall prepare a report of the actuarial investigation and	82594
shall submit the report to the board. The actuary or person shall	82595
prepare the report and make any recommended changes in actuarial	82596
assumptions in accordance with the actuarial standards of practice	82597
promulgated by the actuarial standards board of the American	82598
academy of actuaries. The actuary or person shall include all of	82599
the following information in the report:	82600

(1) A summary of relevant decrement and economic assumption	82601
experience;	82602

(2) Recommended changes in actuarial assumptions to be used	82603
in subsequent actuarial valuations required by division (C)(1) of	82604
this section;	82605

(3) A measurement of the financial effect of the recommended	82606
changes in actuarial assumptions.	82607

(G) The actuary or person whom the board designates to	82608
conduct the actuarial analysis under division (C)(6) of this	82609
section shall prepare a report of the actuarial analysis and shall	82610
submit that report to the board. The actuary or person shall	82611
complete the analysis in accordance with the actuarial standards	82612
of practice promulgated by the actuarial standards board of the	82613
American academy of actuaries. The actuary or person shall include	82614
all of the following information in the report:	82615

(1) A summary of the statutory changes being evaluated;

82616

(2) A description of or reference to the actuarial	82617
assumptions and actuarial cost method used in the report;	82618

(3) A description of the participant group or groups included	82619
in the report;	82620

(4) A statement of the financial impact of the legislation,	82621
including the resulting increase, if any, in employer premiums, in	82622
actuarial accrued liabilities, and, if an increase in actuarial	82623
accrued liabilities is predicted, the per cent of premium increase	82624
that would be required to amortize the increase in those	82625
liabilities as a level per cent of employer premiums over a period	82626
not to exceed thirty years.	82627

(5) A statement of whether the employer premiums paid to the	82628
bureau of workers' compensation after the proposed change is	82629
enacted are expected to be sufficient to satisfy the funding	82630
objectives established by the board.	82631

(H) The board may, at any time, request an actuary to make	82632
any studies or actuarial valuations to determine the adequacy of	82633
the premium rates established by the administrator in accordance	82634
with sections 4123.29 and 4123.34 of the Revised Code, and may	82635
adjust those rates as recommended by the actuary.	82636

(I) The board shall have an independent auditor, at least	82637
once every ten years, conduct a fiduciary performance audit of the	82638
investment program of the bureau of workers' compensation. That	82639
audit shall include an audit of the investment policies approved	82640
by the board and investment procedures of the bureau. The board	82641
shall submit a copy of that audit to the auditor of state.	82642

(J) The administrator, with the advice and consent of the	82643
board, shall employ an internal auditor who shall report findings	82644
directly to the board, workers' compensation audit committee, and	82645
administrator, except that the internal auditor shall not report	82646
findings directly to the administrator when those findings involve	82647
malfeasance, misfeasance, or nonfeasance on the part of the	82648
administrator. The board and the workers' compensation audit	82649
committee may request and review internal audits conducted by the	82650
internal auditor.	82651

(K) The administrator shall pay the expenses incurred by the	82652
board to effectively fulfill its duties and exercise its powers	82653
under this section as the administrator pays other operating	82654
expenses of the bureau.	82655

Sec. 4121.128. The attorney general shall be the legal	82656
adviser of the bureau of workers' compensation board of directors	82657
~~and the workers' compensation council~~.	82658

Sec. 4121.44. (A) The administrator of workers' compensation	82659
shall oversee the implementation of the Ohio workers' compensation	82660
qualified health plan system as established under section 4121.442	82661
of the Revised Code.	82662

(B) The administrator shall direct the implementation of the	82663
health partnership program administered by the bureau as set forth	82664
in section 4121.441 of the Revised Code. To implement the health	82665
partnership program, the bureau:	82666

(1) Shall certify one or more external vendors, which shall	82667
be known as "managed care organizations," to provide medical	82668
management and cost containment services in the health partnership	82669
program for a period of two years beginning on the date of	82670
certification, consistent with the standards established under	82671
this section;	82672

(2) May recertify external vendors for additional periods of	82673
two years; and	82674

(3) May integrate the certified vendors with bureau staff and	82675
existing bureau services for purposes of operation and training to	82676
allow the bureau to assume operation of the health partnership	82677
program at the conclusion of the certification periods set forth	82678
in division (B)(1) or (2) of this section.	82679

(C) Any vendor selected shall demonstrate all of the	82680
following:	82681

(1) Arrangements and reimbursement agreements with a	82682
substantial number of the medical, professional and pharmacy	82683
providers currently being utilized by claimants.	82684

(2) Ability to accept a common format of medical bill data in	82685
an electronic fashion from any provider who wishes to submit	82686
medical bill data in that form.	82687

(3) A computer system able to handle the volume of medical	82688
bills and willingness to customize that system to the bureau's	82689
needs and to be operated by the vendor's staff, bureau staff, or	82690
some combination of both staffs.	82691

(4) A prescription drug system where pharmacies on a	82692
statewide basis have access to the eligibility and pricing, at a	82693
discounted rate, of all prescription drugs.	82694

(5) A tracking system to record all telephone calls from	82695
claimants and providers regarding the status of submitted medical	82696
bills so as to be able to track each inquiry.	82697

(6) Data processing capacity to absorb all of the bureau's	82698
medical bill processing or at least that part of the processing	82699
which the bureau arranges to delegate.	82700

(7) Capacity to store, retrieve, array, simulate, and model	82701
in a relational mode all of the detailed medical bill data so that	82702
analysis can be performed in a variety of ways and so that the	82703
bureau and its governing authority can make informed decisions.	82704

(8) Wide variety of software programs which translate medical	82705
terminology into standard codes, and which reveal if a provider is	82706
manipulating the procedures codes, commonly called "unbundling."	82707

(9) Necessary professional staff to conduct, at a minimum,	82708
authorizations for treatment, medical necessity, utilization	82709
review, concurrent review, post-utilization review, and have the	82710
attendant computer system which supports such activity and	82711
measures the outcomes and the savings.	82712

(10) Management experience and flexibility to be able to	82713
react quickly to the needs of the bureau in the case of required	82714
change in federal or state requirements.	82715

(D)(1) Information contained in a vendor's application for	82716
certification in the health partnership program, and other	82717
information furnished to the bureau by a vendor for purposes of	82718
obtaining certification or to comply with performance and	82719
financial auditing requirements established by the administrator,	82720
is for the exclusive use and information of the bureau in the	82721
discharge of its official duties, and shall not be open to the	82722
public or be used in any court in any proceeding pending therein,	82723
unless the bureau is a party to the action or proceeding, but the	82724
information may be tabulated and published by the bureau in	82725
statistical form for the use and information of other state	82726
departments and the public. No employee of the bureau, except as	82727
otherwise authorized by the administrator, shall divulge any	82728
information secured by the employee while in the employ of the	82729
bureau in respect to a vendor's application for certification or	82730
in respect to the business or other trade processes of any vendor	82731
to any person other than the administrator or to the employee's	82732
superior.	82733

(2) Notwithstanding the restrictions imposed by division	82734
(D)(1) of this section, the governor, members of select or	82735
standing committees of the senate or house of representatives, the	82736
auditor of state, the attorney general, or their designees,	82737
pursuant to the authority granted in this chapter and Chapter	82738
4123. of the Revised Code, may examine any vendor application or	82739
other information furnished to the bureau by the vendor. None of	82740
those individuals shall divulge any information secured in the	82741
exercise of that authority in respect to a vendor's application	82742
for certification or in respect to the business or other trade	82743
processes of any vendor to any person.	82744

(E) On and after January 1, 2001, a vendor shall not be any	82745
insurance company holding a certificate of authority issued	82746
pursuant to Title XXXIX of the Revised Code or any health insuring	82747
corporation holding a certificate of authority under Chapter 1751.	82748
of the Revised Code.	82749

(F) The administrator may limit freedom of choice of health	82750
care provider or supplier by requiring, beginning with the period	82751
set forth in division (B)(1) or (2) of this section, that	82752
claimants shall pay an appropriate out-of-plan copayment for	82753
selecting a medical provider not within the health partnership	82754
program as provided for in this section.	82755

(G) The administrator, six months prior to the expiration of	82756
the bureau's certification or recertification of the vendor or	82757
vendors as set forth in division (B)(1) or (2) of this section,	82758
may certify and provide evidence to the governor, the speaker of	82759
the house of representatives, and the president of the senate that	82760
the existing bureau staff is able to match or exceed the	82761
performance and outcomes of the external vendor or vendors and	82762
that the bureau should be permitted to internally administer the	82763
health partnership program upon the expiration of the	82764
certification or recertification as set forth in division (B)(1)	82765
or (2) of this section.	82766

(H) The administrator shall establish and operate a bureau of	82767
workers' compensation health care data program. The administrator	82768
shall develop reporting requirements from all employees, employers	82769
and medical providers, medical vendors, and plans that participate	82770
in the workers' compensation system. The administrator shall do	82771
all of the following:	82772

(1) Utilize the collected data to measure and perform	82773
comparison analyses of costs, quality, appropriateness of medical	82774
care, and effectiveness of medical care delivered by all	82775
components of the workers' compensation system.	82776

(2) Compile data to support activities of the selected vendor	82777
or vendors and to measure the outcomes and savings of the health	82778
partnership program.	82779

(3) Publish and report compiled data on the measures of	82780
outcomes and savings of the health partnership program and submit	82781
the report to the president of the senate, the speaker of the	82782
house of representatives, and the governor~~, and the workers'~~	82783
~~compensation council~~ with the annual report prepared under	82784
division (F)(3) of section 4121.12 of the Revised Code. The	82785
administrator shall protect the confidentiality of all proprietary	82786
pricing data.	82787

(I) Any rehabilitation facility the bureau operates is	82788
eligible for inclusion in the Ohio workers' compensation qualified	82789
health plan system or the health partnership program under the	82790
same terms as other providers within health care plans or the	82791
program.	82792

(J) In areas outside the state or within the state where no	82793
qualified health plan or an inadequate number of providers within	82794
the health partnership program exist, the administrator shall	82795
permit employees to use a nonplan or nonprogram health care	82796
provider and shall pay the provider for the services or supplies	82797
provided to or on behalf of an employee for an injury or	82798
occupational disease that is compensable under this chapter or	82799
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	82800
schedule the administrator adopts.	82801

(K) No health care provider, whether certified or not, shall	82802
charge, assess, or otherwise attempt to collect from an employee,	82803
employer, a managed care organization, or the bureau any amount	82804
for covered services or supplies that is in excess of the allowed	82805
amount paid by a managed care organization, the bureau, or a	82806
qualified health plan.	82807

(L) The administrator shall permit any employer or group of	82808
employers who agree to abide by the rules adopted under this	82809
section and sections 4121.441 and 4121.442 of the Revised Code to	82810
provide services or supplies to or on behalf of an employee for an	82811
injury or occupational disease that is compensable under this	82812
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	82813
through qualified health plans of the Ohio workers' compensation	82814
qualified health plan system pursuant to section 4121.442 of the	82815
Revised Code or through the health partnership program pursuant to	82816
section 4121.441 of the Revised Code. No amount paid under the	82817
qualified health plan system pursuant to section 4121.442 of the	82818
Revised Code by an employer who is a state fund employer shall be	82819
charged to the employer's experience or otherwise be used in	82820
merit-rating or determining the risk of that employer for the	82821
purpose of the payment of premiums under this chapter, and if the	82822
employer is a self-insuring employer, the employer shall not	82823
include that amount in the paid compensation the employer reports	82824
under section 4123.35 of the Revised Code.	82825

Sec. 4123.27. Information contained in the annual statement	82826
provided for in section 4123.26 of the Revised Code, and such	82827
other information as may be furnished to the bureau of workers'	82828
compensation by employers in pursuance of that section, is for the	82829
exclusive use and information of the bureau in the discharge of	82830
its official duties, and shall not be open to the public nor be	82831
used in any court in any action or proceeding pending therein	82832
unless the bureau is a party to the action or proceeding; but the	82833
information contained in the statement may be tabulated and	82834
published by the bureau in statistical form for the use and	82835
information of other state departments and the public. No person	82836
in the employ of the bureau, except those who are authorized by	82837
the administrator of workers' compensation, shall divulge any	82838
information secured by the person while in the employ of the	82839
bureau in respect to the transactions, property, claim files,	82840
records, or papers of the bureau or in respect to the business or	82841
mechanical, chemical, or other industrial process of any company,	82842
firm, corporation, person, association, partnership, or public	82843
utility to any person other than the administrator or to the	82844
superior of such employee of the bureau.	82845

Notwithstanding the restrictions imposed by this section, the	82846
governor, select or standing committees of the general assembly,	82847
the auditor of state, the attorney general, or their designees,	82848
pursuant to the authority granted in this chapter and Chapter	82849
4121. of the Revised Code, may examine any records, claim files,	82850
or papers in possession of the industrial commission or the	82851
bureau. They also are bound by the privilege that attaches to	82852
these papers.	82853

The administrator shall report to the director of job and	82854
family services or to the county director of job and family	82855
services the name, address, and social security number or other	82856
identification number of any person receiving workers'	82857
compensation whose name or social security number or other	82858
identification number is the same as that of a person required by	82859
a court or child support enforcement agency to provide support	82860
payments to a recipient or participant of public assistance, as	82861
that term is defined in section 5101.181 of the Revised Code, and	82862
whose name is submitted to the administrator by the director under	82863
section 5101.36 of the Revised Code. The administrator also shall	82864
inform the director of the amount of workers' compensation paid to	82865
the person during such period as the director specifies.	82866

Within fourteen days after receiving from the director of job	82867
and family services a list of the names and social security	82868
numbers of recipients or participants of public assistance	82869
pursuant to section 5101.181 of the Revised Code, the	82870
administrator shall inform the auditor of state of the name,	82871
current or most recent address, and social security number of each	82872
person receiving workers' compensation pursuant to this chapter	82873
whose name and social security number are the same as that of a	82874
person whose name or social security number was submitted by the	82875
director. The administrator also shall inform the auditor of state	82876
of the amount of workers' compensation paid to the person during	82877
such period as the director specifies.	82878

The bureau and its employees, except for purposes of	82879
furnishing the auditor of state with information required by this	82880
section, shall preserve the confidentiality of recipients or	82881
participants of public assistance in compliance with ~~division (A)~~	82882
of section 5101.181 of the Revised Code.	82883

~~For the purposes of this section, "public assistance" means~~	82884
~~medical assistance provided through the medical assistance program~~	82885
~~established under section 5111.01 of the Revised Code, Ohio works~~	82886
~~first provided under Chapter 5107. of the Revised Code,~~	82887
~~prevention, retention, and contingency benefits and services~~	82888
~~provided under Chapter 5108. of the Revised Code, or disability~~	82889
~~financial assistance provided under Chapter 5115. of the Revised~~	82890
~~Code.~~	82891

Sec. 4123.341. The administrative costs of the industrial	82892
commission, ~~the workers' compensation council,~~ the bureau of	82893
workers' compensation board of directors, and the bureau of	82894
workers' compensation shall be those costs and expenses that are	82895
incident to the discharge of the duties and performance of the	82896
activities of the industrial commission, ~~the council,~~ the board,	82897
and the bureau under this chapter and Chapters 4121., 4125.,	82898
4127., 4131., and 4167. of the Revised Code, and all such costs	82899
shall be borne by the state and by other employers amenable to	82900
this chapter as follows:	82901

(A) In addition to the contribution required of the state	82902
under sections 4123.39 and 4123.40 of the Revised Code, the state	82903
shall contribute the sum determined to be necessary under section	82904
4123.342 of the Revised Code.	82905

(B) The director of budget and management may allocate the	82906
state's share of contributions in the manner the director finds	82907
most equitably apportions the costs.	82908

(C) The counties and taxing districts therein shall	82909
contribute such sum as may be required under section 4123.342 of	82910
the Revised Code.	82911

(D) The private employers shall contribute the sum required	82912
under section 4123.342 of the Revised Code.	82913

Sec. 4123.342. (A) The administrator of workers'	82914
compensation shall allocate among counties and taxing districts	82915
therein as a class, the state and its instrumentalities as a	82916
class, private employers who are insured under the private fund as	82917
a class, and self-insuring employers as a class their fair shares	82918
of the administrative costs which are to be borne by such	82919
employers under division (D) of section 4123.341 of the Revised	82920
Code, separately allocating to each class those costs solely	82921
attributable to the activities of the industrial commission, ~~those~~	82922
~~costs solely attributable to the activities of the workers'~~	82923
~~compensation council,~~ and those costs solely attributable to the	82924
activities of the bureau of workers' compensation board of	82925
directors, and the bureau of workers' compensation in respect of	82926
the class, allocating to any combination of classes those costs	82927
attributable to the activities of the industrial commission,	82928
~~council,~~ board, or bureau in respect of the classes, and	82929
allocating to all four classes those costs attributable to the	82930
activities of the industrial commission, ~~council,~~ board, and	82931
bureau in respect of all classes. The administrator shall	82932
separately calculate each employer's assessment in the class,	82933
except self-insuring employers, on the basis of the following	82934
three factors: payroll, paid compensation, and paid medical costs	82935
of the employer for those costs solely attributable to the	82936
activities of the board and the bureau. The administrator shall	82937
separately calculate each employer's assessment in the class,	82938
except self-insuring employers, on the basis of the following	82939
three factors: payroll, paid compensation, and paid medical costs	82940
of the employer for those costs solely attributable to the	82941
activities of the industrial commission. ~~The administrator shall~~	82942
~~separately calculate each employer's assessment in the class,~~	82943
~~except self-insuring employers, on the basis of the following~~	82944
~~three factors: payroll, paid compensation, and paid medical costs~~	82945
~~of the employer for those costs solely attributable to the~~	82946
~~activities of the council.~~ The administrator shall separately	82947
calculate each self-insuring employer's assessment in accordance	82948
with section 4123.35 of the Revised Code for those costs solely	82949
attributable to the activities of the board and the bureau. The	82950
administrator shall separately calculate each self-insuring	82951
employer's assessment in accordance with section 4123.35 of the	82952
Revised Code for those costs solely attributable to the activities	82953
of the industrial commission. ~~The administrator shall separately~~	82954
~~calculate each self-insuring employer's assessment in accordance~~	82955
~~with section 4123.35 of the Revised Code for those costs solely~~	82956
~~attributable to the activities of the council.~~ In a timely manner,	82957
the industrial commission shall provide to the administrator, the	82958
information necessary for the administrator to allocate and	82959
calculate, with the approval of the chairperson of the industrial	82960
commission, for each class of employer as described in this	82961
division, the costs solely attributable to the activities of the	82962
industrial commission. ~~In a timely manner, the director of the~~	82963
~~workers' compensation council shall submit to the administrator~~	82964
~~the information necessary for the administrator to allocate and~~	82965
~~calculate, with the approval of the director, for each class of~~	82966
~~employer as described in this division, the costs solely~~	82967
~~attributable to the activities of the council.~~	82968

(B) The administrator shall divide the administrative cost	82969
assessments collected by the administrator into ~~three~~two	82970
administrative assessment accounts within the state insurance	82971
fund. One of the administrative assessment accounts shall consist	82972
of the administrative cost assessment collected by the	82973
administrator for the industrial commission. ~~One of the~~	82974
~~administrative assessment accounts shall consist of the~~	82975
~~administrative cost assessment collected by the administrator for~~	82976
~~the council.~~ One of the administrative assessment accounts shall	82977
consist of the administrative cost assessments collected by the	82978
administrator for the bureau and the board. The administrator may	82979
invest the administrative cost assessments in these accounts on	82980
behalf of the bureau, ~~the council,~~ and the industrial commission	82981
as authorized in section 4123.44 of the Revised Code. In a timely	82982
manner, the administrator shall provide to the industrial	82983
commission ~~and the council~~ the information and reports the	82984
commission ~~or council, as applicable,~~ deems necessary for the	82985
commission ~~or the council, as applicable,~~ to monitor the receipts	82986
and the disbursements from the administrative assessment account	82987
for the industrial commission ~~or the administrative assessment~~	82988
~~account for the council, as applicable~~.	82989

(C) The administrator or the administrator's designee shall	82990
transfer moneys as necessary from the administrative assessment	82991
account identified for the bureau and the board to the workers'	82992
compensation fund for the use of the bureau and the board. As	82993
necessary and upon the authorization of the industrial commission,	82994
the administrator or the administrator's designee shall transfer	82995
moneys from the administrative assessment account identified for	82996
the industrial commission to the industrial commission operating	82997
fund created under section 4121.021 of the Revised Code. To the	82998
extent that the moneys collected by the administrator in any	82999
fiscal biennium of the state equal the sum appropriated by the	83000
general assembly for administrative costs of the industrial	83001
commission, board, and bureau for the biennium ~~and the~~	83002
~~administrative costs approved by the workers' compensation~~	83003
~~council~~, the moneys shall be paid into the workers' compensation	83004
fund,and the industrial commission operating fund of the state,	83005
~~the workers' compensation council fund, and the workers'~~	83006
~~compensation council remuneration fund,~~ as appropriate, and any	83007
remainder shall be retained in those funds and applied to reduce	83008
the amount collected during the next biennium.	83009

(D) ~~As necessary and upon authorization of the director of~~	83010
~~the council, the administrator or the administrator's designee~~	83011
~~shall transfer moneys from the administrative assessment account~~	83012
~~identified for the council to the workers' compensation council~~	83013
~~fund created in division (C) of section 4121.79 of the Revised~~	83014
~~Code.~~	83015

~~(E)~~ Sections 4123.41, 4123.35, and 4123.37 of the Revised	83016
Code apply to the collection of assessments from public and	83017
private employers respectively, except that for boards of county	83018
hospital trustees that are self-insuring employers, only those	83019
provisions applicable to the collection of assessments for private	83020
employers apply.	83021

Sec. 4123.35. (A) Except as provided in this section, every	83022
employer mentioned in division (B)(2) of section 4123.01 of the	83023
Revised Code, and every publicly owned utility shall pay	83024
semiannually in the months of January and July into the state	83025
insurance fund the amount of annual premium the administrator of	83026
workers' compensation fixes for the employment or occupation of	83027
the employer, the amount of which premium to be paid by each	83028
employer to be determined by the classifications, rules, and rates	83029
made and published by the administrator. The employer shall pay	83030
semiannually a further sum of money into the state insurance fund	83031
as may be ascertained to be due from the employer by applying the	83032
rules of the administrator, and a receipt or certificate	83033
certifying that payment has been made, along with a written notice	83034
as is required in section 4123.54 of the Revised Code, shall be	83035
mailed immediately to the employer by the bureau of workers'	83036
compensation. The receipt or certificate is prima-facie evidence	83037
of the payment of the premium, and the proper posting of the	83038
notice constitutes the employer's compliance with the notice	83039
requirement mandated in section 4123.54 of the Revised Code.	83040

The bureau of workers' compensation shall verify with the	83041
secretary of state the existence of all corporations and	83042
organizations making application for workers' compensation	83043
coverage and shall require every such application to include the	83044
employer's federal identification number.	83045

An employer as defined in division (B)(2) of section 4123.01	83046
of the Revised Code who has contracted with a subcontractor is	83047
liable for the unpaid premium due from any subcontractor with	83048
respect to that part of the payroll of the subcontractor that is	83049
for work performed pursuant to the contract with the employer.	83050

Division (A) of this section providing for the payment of	83051
premiums semiannually does not apply to any employer who was a	83052
subscriber to the state insurance fund prior to January 1, 1914,	83053
or who may first become a subscriber to the fund in any month	83054
other than January or July. Instead, the semiannual premiums shall	83055
be paid by those employers from time to time upon the expiration	83056
of the respective periods for which payments into the fund have	83057
been made by them.	83058

The administrator shall adopt rules to permit employers to	83059
make periodic payments of the semiannual premium due under this	83060
division. The rules shall include provisions for the assessment of	83061
interest charges, where appropriate, and for the assessment of	83062
penalties when an employer fails to make timely premium payments.	83063
An employer who timely pays the amounts due under this division is	83064
entitled to all of the benefits and protections of this chapter.	83065
Upon receipt of payment, the bureau immediately shall mail a	83066
receipt or certificate to the employer certifying that payment has	83067
been made, which receipt is prima-facie evidence of payment.	83068
Workers' compensation coverage under this chapter continues	83069
uninterrupted upon timely receipt of payment under this division.	83070

Every public employer, except public employers that are	83071
self-insuring employers under this section, shall comply with	83072
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	83073
regard to the contribution of moneys to the public insurance fund.	83074

(B) Employers who will abide by the rules of the	83075
administrator and who may be of sufficient financial ability to	83076
render certain the payment of compensation to injured employees or	83077
the dependents of killed employees, and the furnishing of medical,	83078
surgical, nursing, and hospital attention and services and	83079
medicines, and funeral expenses, equal to or greater than is	83080
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	83081
to 4123.67 of the Revised Code, and who do not desire to insure	83082
the payment thereof or indemnify themselves against loss sustained	83083
by the direct payment thereof, upon a finding of such facts by the	83084
administrator, may be granted the privilege to pay individually	83085
compensation, and furnish medical, surgical, nursing, and hospital	83086
services and attention and funeral expenses directly to injured	83087
employees or the dependents of killed employees, thereby being	83088
granted status as a self-insuring employer. The administrator may	83089
charge employers who apply for the status as a self-insuring	83090
employer a reasonable application fee to cover the bureau's costs	83091
in connection with processing and making a determination with	83092
respect to an application.	83093

All employers granted status as self-insuring employers shall	83094
demonstrate sufficient financial and administrative ability to	83095
assure that all obligations under this section are promptly met.	83096
The administrator shall deny the privilege where the employer is	83097
unable to demonstrate the employer's ability to promptly meet all	83098
the obligations imposed on the employer by this section.	83099

(1) The administrator shall consider, but is not limited to,	83100
the following factors, where applicable, in determining the	83101
employer's ability to meet all of the obligations imposed on the	83102
employer by this section:	83103

(a) The employer employs a minimum of five hundred employees	83104
in this state;	83105

(b) The employer has operated in this state for a minimum of	83106
two years, provided that an employer who has purchased, acquired,	83107
or otherwise succeeded to the operation of a business, or any part	83108
thereof, situated in this state that has operated for at least two	83109
years in this state, also shall qualify;	83110

(c) Where the employer previously contributed to the state	83111
insurance fund or is a successor employer as defined by bureau	83112
rules, the amount of the buyout, as defined by bureau rules;	83113

(d) The sufficiency of the employer's assets located in this	83114
state to insure the employer's solvency in paying compensation	83115
directly;	83116

(e) The financial records, documents, and data, certified by	83117
a certified public accountant, necessary to provide the employer's	83118
full financial disclosure. The records, documents, and data	83119
include, but are not limited to, balance sheets and profit and	83120
loss history for the current year and previous four years.	83121

(f) The employer's organizational plan for the administration	83122
of the workers' compensation law;	83123

(g) The employer's proposed plan to inform employees of the	83124
change from a state fund insurer to a self-insuring employer, the	83125
procedures the employer will follow as a self-insuring employer,	83126
and the employees' rights to compensation and benefits; and	83127

(h) The employer has either an account in a financial	83128
institution in this state, or if the employer maintains an account	83129
with a financial institution outside this state, ensures that	83130
workers' compensation checks are drawn from the same account as	83131
payroll checks or the employer clearly indicates that payment will	83132
be honored by a financial institution in this state.	83133

The administrator may waive the requirements of divisions	83134
(B)(1)(a) and (b) of this section and the requirement of division	83135
(B)(1)(e) of this section that the financial records, documents,	83136
and data be certified by a certified public accountant. The	83137
administrator shall adopt rules establishing the criteria that an	83138
employer shall meet in order for the administrator to waive the	83139
requirement of division (B)(1)(e) of this section. Such rules may	83140
require additional security of that employer pursuant to division	83141
(E) of section 4123.351 of the Revised Code.	83142

The administrator shall not grant the status of self-insuring	83143
employer to the state, except that the administrator may grant the	83144
status of self-insuring employer to a state institution of higher	83145
education, excluding its hospitals, that meets the requirements of	83146
division (B)(2) of this section.	83147

(2) When considering the application of a public employer,	83148
except for a board of county commissioners described in division	83149
(G) of section 4123.01 of the Revised Code, a board of a county	83150
hospital, or a publicly owned utility, the administrator shall	83151
verify that the public employer satisfies all of the following	83152
requirements as the requirements apply to that public employer:	83153

(a) For the two-year period preceding application under this	83154
section, the public employer has maintained an unvoted debt	83155
capacity equal to at least two times the amount of the current	83156
annual premium established by the administrator under this chapter	83157
for that public employer for the year immediately preceding the	83158
year in which the public employer makes application under this	83159
section.	83160

(b) For each of the two fiscal years preceding application	83161
under this section, the unreserved and undesignated year-end fund	83162
balance in the public employer's general fund is equal to at least	83163
five per cent of the public employer's general fund revenues for	83164
the fiscal year computed in accordance with generally accepted	83165
accounting principles.	83166

(c) For the five-year period preceding application under this	83167
section, the public employer, to the extent applicable, has	83168
complied fully with the continuing disclosure requirements	83169
established in rules adopted by the United States securities and	83170
exchange commission under 17 C.F.R. 240.15c 2-12.	83171

(d) For the five-year period preceding application under this	83172
section, the public employer has not had its local government fund	83173
distribution withheld on account of the public employer being	83174
indebted or otherwise obligated to the state.	83175

(e) For the five-year period preceding application under this	83176
section, the public employer has not been under a fiscal watch or	83177
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	83178
of the Revised Code.	83179

(f) For the public employer's fiscal year preceding	83180
application under this section, the public employer has obtained	83181
an annual financial audit as required under section 117.10 of the	83182
Revised Code, which has been released by the auditor of state	83183
within seven months after the end of the public employer's fiscal	83184
year.	83185

(g) On the date of application, the public employer holds a	83186
debt rating of Aa3 or higher according to Moody's investors	83187
service, inc., or a comparable rating by an independent rating	83188
agency similar to Moody's investors service, inc.	83189

(h) The public employer agrees to generate an annual	83190
accumulating book reserve in its financial statements reflecting	83191
an actuarially generated reserve adequate to pay projected claims	83192
under this chapter for the applicable period of time, as	83193
determined by the administrator.	83194

(i) For a public employer that is a hospital, the public	83195
employer shall submit audited financial statements showing the	83196
hospital's overall liquidity characteristics, and the	83197
administrator shall determine, on an individual basis, whether the	83198
public employer satisfies liquidity standards equivalent to the	83199
liquidity standards of other public employers.	83200

(j) Any additional criteria that the administrator adopts by	83201
rule pursuant to division (E) of this section.	83202

The administrator may adopt rules establishing the criteria	83203
that a public employer shall satisfy in order for the	83204
administrator to waive any of the requirements listed in divisions	83205
(B)(2)(a) to (j) of this section. The rules may require additional	83206
security from that employer pursuant to division (E) of section	83207
4123.351 of the Revised Code. The administrator shall not waive	83208
any of the requirements listed in divisions (B)(2)(a) to (j) of	83209
this section for a public employer who does not satisfy the	83210
criteria established in the rules the administrator adopts.	83211

(C) A board of county commissioners described in division (G)	83212
of section 4123.01 of the Revised Code, as an employer, that will	83213
abide by the rules of the administrator and that may be of	83214
sufficient financial ability to render certain the payment of	83215
compensation to injured employees or the dependents of killed	83216
employees, and the furnishing of medical, surgical, nursing, and	83217
hospital attention and services and medicines, and funeral	83218
expenses, equal to or greater than is provided for in sections	83219
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	83220
Code, and that does not desire to insure the payment thereof or	83221
indemnify itself against loss sustained by the direct payment	83222
thereof, upon a finding of such facts by the administrator, may be	83223
granted the privilege to pay individually compensation, and	83224
furnish medical, surgical, nursing, and hospital services and	83225
attention and funeral expenses directly to injured employees or	83226
the dependents of killed employees, thereby being granted status	83227
as a self-insuring employer. The administrator may charge a board	83228
of county commissioners described in division (G) of section	83229
4123.01 of the Revised Code that applies for the status as a	83230
self-insuring employer a reasonable application fee to cover the	83231
bureau's costs in connection with processing and making a	83232
determination with respect to an application. All employers	83233
granted such status shall demonstrate sufficient financial and	83234
administrative ability to assure that all obligations under this	83235
section are promptly met. The administrator shall deny the	83236
privilege where the employer is unable to demonstrate the	83237
employer's ability to promptly meet all the obligations imposed on	83238
the employer by this section. The administrator shall consider,	83239
but is not limited to, the following factors, where applicable, in	83240
determining the employer's ability to meet all of the obligations	83241
imposed on the board as an employer by this section:	83242

(1) The board as an employer employs a minimum of five	83243
hundred employees in this state;	83244

(2) The board has operated in this state for a minimum of two	83245
years;	83246

(3) Where the board previously contributed to the state	83247
insurance fund or is a successor employer as defined by bureau	83248
rules, the amount of the buyout, as defined by bureau rules;	83249

(4) The sufficiency of the board's assets located in this	83250
state to insure the board's solvency in paying compensation	83251
directly;	83252

(5) The financial records, documents, and data, certified by	83253
a certified public accountant, necessary to provide the board's	83254
full financial disclosure. The records, documents, and data	83255
include, but are not limited to, balance sheets and profit and	83256
loss history for the current year and previous four years.	83257

(6) The board's organizational plan for the administration of	83258
the workers' compensation law;	83259

(7) The board's proposed plan to inform employees of the	83260
proposed self-insurance, the procedures the board will follow as a	83261
self-insuring employer, and the employees' rights to compensation	83262
and benefits;	83263

(8) The board has either an account in a financial	83264
institution in this state, or if the board maintains an account	83265
with a financial institution outside this state, ensures that	83266
workers' compensation checks are drawn from the same account as	83267
payroll checks or the board clearly indicates that payment will be	83268
honored by a financial institution in this state;	83269

(9) The board shall provide the administrator a surety bond	83270
in an amount equal to one hundred twenty-five per cent of the	83271
projected losses as determined by the administrator.	83272

(D) The administrator shall require a surety bond from all	83273
self-insuring employers, issued pursuant to section 4123.351 of	83274
the Revised Code, that is sufficient to compel, or secure to	83275
injured employees, or to the dependents of employees killed, the	83276
payment of compensation and expenses, which shall in no event be	83277
less than that paid or furnished out of the state insurance fund	83278
in similar cases to injured employees or to dependents of killed	83279
employees whose employers contribute to the fund, except when an	83280
employee of the employer, who has suffered the loss of a hand,	83281
arm, foot, leg, or eye prior to the injury for which compensation	83282
is to be paid, and thereafter suffers the loss of any other of the	83283
members as the result of any injury sustained in the course of and	83284
arising out of the employee's employment, the compensation to be	83285
paid by the self-insuring employer is limited to the disability	83286
suffered in the subsequent injury, additional compensation, if	83287
any, to be paid by the bureau out of the surplus created by	83288
section 4123.34 of the Revised Code.	83289

(E) In addition to the requirements of this section, the	83290
administrator shall make and publish rules governing the manner of	83291
making application and the nature and extent of the proof required	83292
to justify a finding of fact by the administrator as to granting	83293
the status of a self-insuring employer, which rules shall be	83294
general in their application, one of which rules shall provide	83295
that all self-insuring employers shall pay into the state	83296
insurance fund such amounts as are required to be credited to the	83297
surplus fund in division (B) of section 4123.34 of the Revised	83298
Code. The administrator may adopt rules establishing requirements	83299
in addition to the requirements described in division (B)(2) of	83300
this section that a public employer shall meet in order to qualify	83301
for self-insuring status.	83302

Employers shall secure directly from the bureau central	83303
offices application forms upon which the bureau shall stamp a	83304
designating number. Prior to submission of an application, an	83305
employer shall make available to the bureau, and the bureau shall	83306
review, the information described in division (B)(1) of this	83307
section, and public employers shall make available, and the bureau	83308
shall review, the information necessary to verify whether the	83309
public employer meets the requirements listed in division (B)(2)	83310
of this section. An employer shall file the completed application	83311
forms with an application fee, which shall cover the costs of	83312
processing the application, as established by the administrator,	83313
by rule, with the bureau at least ninety days prior to the	83314
effective date of the employer's new status as a self-insuring	83315
employer. The application form is not deemed complete until all	83316
the required information is attached thereto. The bureau shall	83317
only accept applications that contain the required information.	83318

(F) The bureau shall review completed applications within a	83319
reasonable time. If the bureau determines to grant an employer the	83320
status as a self-insuring employer, the bureau shall issue a	83321
statement, containing its findings of fact, that is prepared by	83322
the bureau and signed by the administrator. If the bureau	83323
determines not to grant the status as a self-insuring employer,	83324
the bureau shall notify the employer of the determination and	83325
require the employer to continue to pay its full premium into the	83326
state insurance fund. The administrator also shall adopt rules	83327
establishing a minimum level of performance as a criterion for	83328
granting and maintaining the status as a self-insuring employer	83329
and fixing time limits beyond which failure of the self-insuring	83330
employer to provide for the necessary medical examinations and	83331
evaluations may not delay a decision on a claim.	83332

(G) The administrator shall adopt rules setting forth	83333
procedures for auditing the program of self-insuring employers.	83334
The bureau shall conduct the audit upon a random basis or whenever	83335
the bureau has grounds for believing that a self-insuring employer	83336
is not in full compliance with bureau rules or this chapter.	83337

The administrator shall monitor the programs conducted by	83338
self-insuring employers, to ensure compliance with bureau	83339
requirements and for that purpose, shall develop and issue to	83340
self-insuring employers standardized forms for use by the	83341
self-insuring employer in all aspects of the self-insuring	83342
employers' direct compensation program and for reporting of	83343
information to the bureau.	83344

The bureau shall receive and transmit to the self-insuring	83345
employer all complaints concerning any self-insuring employer. In	83346
the case of a complaint against a self-insuring employer, the	83347
administrator shall handle the complaint through the	83348
self-insurance division of the bureau. The bureau shall maintain a	83349
file by employer of all complaints received that relate to the	83350
employer. The bureau shall evaluate each complaint and take	83351
appropriate action.	83352

The administrator shall adopt as a rule a prohibition against	83353
any self-insuring employer from harassing, dismissing, or	83354
otherwise disciplining any employee making a complaint, which rule	83355
shall provide for a financial penalty to be levied by the	83356
administrator payable by the offending self-insuring employer.	83357

(H) For the purpose of making determinations as to whether to	83358
grant status as a self-insuring employer, the administrator may	83359
subscribe to and pay for a credit reporting service that offers	83360
financial and other business information about individual	83361
employers. The costs in connection with the bureau's subscription	83362
or individual reports from the service about an applicant may be	83363
included in the application fee charged employers under this	83364
section.	83365

(I) The administrator, notwithstanding other provisions of	83366
this chapter, may permit a self-insuring employer to resume	83367
payment of premiums to the state insurance fund with appropriate	83368
credit modifications to the employer's basic premium rate as such	83369
rate is determined pursuant to section 4123.29 of the Revised	83370
Code.	83371

(J) On the first day of July of each year, the administrator	83372
shall calculate separately each self-insuring employer's	83373
assessments for the safety and hygiene fund, administrative costs	83374
pursuant to section 4123.342 of the Revised Code, and for the	83375
portion of the surplus fund under division (B) of section 4123.34	83376
of the Revised Code that is not used for handicapped	83377
reimbursement, on the basis of the paid compensation attributable	83378
to the individual self-insuring employer according to the	83379
following calculation:	83380

(1) The total assessment against all self-insuring employers	83381
as a class for each fund and for the administrative costs for the	83382
year that the assessment is being made, as determined by the	83383
administrator, divided by the total amount of paid compensation	83384
for the previous calendar year attributable to all amenable	83385
self-insuring employers;	83386

(2) Multiply the quotient in division (J)(1) of this section	83387
by the total amount of paid compensation for the previous calendar	83388
year that is attributable to the individual self-insuring employer	83389
for whom the assessment is being determined. Each self-insuring	83390
employer shall pay the assessment that results from this	83391
calculation, unless the assessment resulting from this calculation	83392
falls below a minimum assessment, which minimum assessment the	83393
administrator shall determine on the first day of July of each	83394
year with the advice and consent of the bureau of workers'	83395
compensation board of directors, in which event, the self-insuring	83396
employer shall pay the minimum assessment.	83397

In determining the total amount due for the total assessment	83398
against all self-insuring employers as a class for each fund and	83399
the administrative assessment, the administrator shall reduce	83400
proportionately the total for each fund and assessment by the	83401
amount of money in the self-insurance assessment fund as of the	83402
date of the computation of the assessment.	83403

The administrator shall calculate the assessment for the	83404
portion of the surplus fund under division (B) of section 4123.34	83405
of the Revised Code that is used for handicapped reimbursement in	83406
the same manner as set forth in divisions (J)(1) and (2) of this	83407
section except that the administrator shall calculate the total	83408
assessment for this portion of the surplus fund only on the basis	83409
of those self-insuring employers that retain participation in the	83410
handicapped reimbursement program and the individual self-insuring	83411
employer's proportion of paid compensation shall be calculated	83412
only for those self-insuring employers who retain participation in	83413
the handicapped reimbursement program. The administrator, as the	83414
administrator determines appropriate, may determine the total	83415
assessment for the handicapped portion of the surplus fund in	83416
accordance with sound actuarial principles.	83417

The administrator shall calculate the assessment for the	83418
portion of the surplus fund under division (B) of section 4123.34	83419
of the Revised Code that under division (D) of section 4121.66 of	83420
the Revised Code is used for rehabilitation costs in the same	83421
manner as set forth in divisions (J)(1) and (2) of this section,	83422
except that the administrator shall calculate the total assessment	83423
for this portion of the surplus fund only on the basis of those	83424
self-insuring employers who have not made the election to make	83425
payments directly under division (D) of section 4121.66 of the	83426
Revised Code and an individual self-insuring employer's proportion	83427
of paid compensation only for those self-insuring employers who	83428
have not made that election.	83429

The administrator shall calculate the assessment for the	83430
portion of the surplus fund under division (B) of section 4123.34	83431
of the Revised Code that is used for reimbursement to a	83432
self-insuring employer under division (H) of section 4123.512 of	83433
the Revised Code in the same manner as set forth in divisions	83434
(J)(1) and (2) of this section except that the administrator shall	83435
calculate the total assessment for this portion of the surplus	83436
fund only on the basis of those self-insuring employers that	83437
retain participation in reimbursement to the self-insuring	83438
employer under division (H) of section 4123.512 of the Revised	83439
Code and the individual self-insuring employer's proportion of	83440
paid compensation shall be calculated only for those self-insuring	83441
employers who retain participation in reimbursement to the	83442
self-insuring employer under division (H) of section 4123.512 of	83443
the Revised Code.	83444

An employer who no longer is a self-insuring employer in this	83445
state or who no longer is operating in this state, shall continue	83446
to pay assessments for administrative costs and for the portion of	83447
the surplus fund under division (B) of section 4123.34 of the	83448
Revised Code that is not used for handicapped reimbursement, based	83449
upon paid compensation attributable to claims that occurred while	83450
the employer was a self-insuring employer within this state.	83451

(K) ~~The administrator shall deposit any moneys received from~~	83452
~~a self-insuring employer for the self-insuring employer's~~	83453
~~assessment to pay the costs solely attributable to the workers'~~	83454
~~compensation council into the administrative assessment account~~	83455
~~described in division (B) of section 4123.342 of the Revised Code~~	83456
~~for the administrative cost assessment collected by the~~	83457
~~administrator for the council.~~ There is hereby created in the	83458
state treasury the self-insurance assessment fund. All investment	83459
earnings of the fund shall be deposited in the fund. The	83460
administrator shall use the money in the self-insurance assessment	83461
fund only for administrative costs as specified in section	83462
4123.341 of the Revised Code.	83463

(L) Every self-insuring employer shall certify, in affidavit	83464
form subject to the penalty for perjury, to the bureau the amount	83465
of the self-insuring employer's paid compensation for the previous	83466
calendar year. In reporting paid compensation paid for the	83467
previous year, a self-insuring employer shall exclude from the	83468
total amount of paid compensation any reimbursement the	83469
self-insuring employer receives in the previous calendar year from	83470
the surplus fund pursuant to section 4123.512 of the Revised Code	83471
for any paid compensation. The self-insuring employer also shall	83472
exclude from the paid compensation reported any amount recovered	83473
under section 4123.931 of the Revised Code and any amount that is	83474
determined not to have been payable to or on behalf of a claimant	83475
in any final administrative or judicial proceeding. The	83476
self-insuring employer shall exclude such amounts from the paid	83477
compensation reported in the reporting period subsequent to the	83478
date the determination is made. The administrator shall adopt	83479
rules, in accordance with Chapter 119. of the Revised Code, that	83480
provide for all of the following:	83481

(1) Establishing the date by which self-insuring employers	83482
must submit such information and the amount of the assessments	83483
provided for in division (J) of this section for employers who	83484
have been granted self-insuring status within the last calendar	83485
year;	83486

(2) If an employer fails to pay the assessment when due, the	83487
administrator may add a late fee penalty of not more than five	83488
hundred dollars to the assessment plus an additional penalty	83489
amount as follows:	83490

(a) For an assessment from sixty-one to ninety days past due,	83491
the prime interest rate, multiplied by the assessment due;	83492

(b) For an assessment from ninety-one to one hundred twenty	83493
days past due, the prime interest rate plus two per cent,	83494
multiplied by the assessment due;	83495

(c) For an assessment from one hundred twenty-one to one	83496
hundred fifty days past due, the prime interest rate plus four per	83497
cent, multiplied by the assessment due;	83498

(d) For an assessment from one hundred fifty-one to one	83499
hundred eighty days past due, the prime interest rate plus six per	83500
cent, multiplied by the assessment due;	83501

(e) For an assessment from one hundred eighty-one to two	83502
hundred ten days past due, the prime interest rate plus eight per	83503
cent, multiplied by the assessment due;	83504

(f) For each additional thirty-day period or portion thereof	83505
that an assessment remains past due after it has remained past due	83506
for more than two hundred ten days, the prime interest rate plus	83507
eight per cent, multiplied by the assessment due.	83508

(3) An employer may appeal a late fee penalty and penalty	83509
assessment to the administrator.	83510

For purposes of division (L)(2) of this section, "prime	83511
interest rate" means the average bank prime rate, and the	83512
administrator shall determine the prime interest rate in the same	83513
manner as a county auditor determines the average bank prime rate	83514
under section 929.02 of the Revised Code.	83515

The administrator shall include any assessment and penalties	83516
that remain unpaid for previous assessment periods in the	83517
calculation and collection of any assessments due under this	83518
division or division (J) of this section.	83519

(M) As used in this section, "paid compensation" means all	83520
amounts paid by a self-insuring employer for living maintenance	83521
benefits, all amounts for compensation paid pursuant to sections	83522
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	83523
4123.64 of the Revised Code, all amounts paid as wages in lieu of	83524
such compensation, all amounts paid in lieu of such compensation	83525
under a nonoccupational accident and sickness program fully funded	83526
by the self-insuring employer, and all amounts paid by a	83527
self-insuring employer for a violation of a specific safety	83528
standard pursuant to Section 35 of Article II, Ohio Constitution	83529
and section 4121.47 of the Revised Code.	83530

(N) Should any section of this chapter or Chapter 4121. of	83531
the Revised Code providing for self-insuring employers'	83532
assessments based upon compensation paid be declared	83533
unconstitutional by a final decision of any court, then that	83534
section of the Revised Code declared unconstitutional shall revert	83535
back to the section in existence prior to November 3, 1989,	83536
providing for assessments based upon payroll.	83537

(O) The administrator may grant a self-insuring employer the	83538
privilege to self-insure a construction project entered into by	83539
the self-insuring employer that is scheduled for completion within	83540
six years after the date the project begins, and the total cost of	83541
which is estimated to exceed one hundred million dollars or, for	83542
employers described in division (R) of this section, if the	83543
construction project is estimated to exceed twenty-five million	83544
dollars. The administrator may waive such cost and time criteria	83545
and grant a self-insuring employer the privilege to self-insure a	83546
construction project regardless of the time needed to complete the	83547
construction project and provided that the cost of the	83548
construction project is estimated to exceed fifty million dollars.	83549
A self-insuring employer who desires to self-insure a construction	83550
project shall submit to the administrator an application listing	83551
the dates the construction project is scheduled to begin and end,	83552
the estimated cost of the construction project, the contractors	83553
and subcontractors whose employees are to be self-insured by the	83554
self-insuring employer, the provisions of a safety program that is	83555
specifically designed for the construction project, and a	83556
statement as to whether a collective bargaining agreement	83557
governing the rights, duties, and obligations of each of the	83558
parties to the agreement with respect to the construction project	83559
exists between the self-insuring employer and a labor	83560
organization.	83561

A self-insuring employer may apply to self-insure the	83562
employees of either of the following:	83563

(1) All contractors and subcontractors who perform labor or	83564
work or provide materials for the construction project;	83565

(2) All contractors and, at the administrator's discretion, a	83566
substantial number of all the subcontractors who perform labor or	83567
work or provide materials for the construction project.	83568

Upon approval of the application, the administrator shall	83569
mail a certificate granting the privilege to self-insure the	83570
construction project to the self-insuring employer. The	83571
certificate shall contain the name of the self-insuring employer	83572
and the name, address, and telephone number of the self-insuring	83573
employer's representatives who are responsible for administering	83574
workers' compensation claims for the construction project. The	83575
self-insuring employer shall post the certificate in a conspicuous	83576
place at the site of the construction project.	83577

The administrator shall maintain a record of the contractors	83578
and subcontractors whose employees are covered under the	83579
certificate issued to the self-insured employer. A self-insuring	83580
employer immediately shall notify the administrator when any	83581
contractor or subcontractor is added or eliminated from inclusion	83582
under the certificate.	83583

Upon approval of the application, the self-insuring employer	83584
is responsible for the administration and payment of all claims	83585
under this chapter and Chapter 4121. of the Revised Code for the	83586
employees of the contractor and subcontractors covered under the	83587
certificate who receive injuries or are killed in the course of	83588
and arising out of employment on the construction project, or who	83589
contract an occupational disease in the course of employment on	83590
the construction project. For purposes of this chapter and Chapter	83591
4121. of the Revised Code, a claim that is administered and paid	83592
in accordance with this division is considered a claim against the	83593
self-insuring employer listed in the certificate. A contractor or	83594
subcontractor included under the certificate shall report to the	83595
self-insuring employer listed in the certificate, all claims that	83596
arise under this chapter and Chapter 4121. of the Revised Code in	83597
connection with the construction project for which the certificate	83598
is issued.	83599

A self-insuring employer who complies with this division is	83600
entitled to the protections provided under this chapter and	83601
Chapter 4121. of the Revised Code with respect to the employees of	83602
the contractors and subcontractors covered under a certificate	83603
issued under this division for death or injuries that arise out	83604
of, or death, injuries, or occupational diseases that arise in the	83605
course of, those employees' employment on that construction	83606
project, as if the employees were employees of the self-insuring	83607
employer, provided that the self-insuring employer also complies	83608
with this section. No employee of the contractors and	83609
subcontractors covered under a certificate issued under this	83610
division shall be considered the employee of the self-insuring	83611
employer listed in that certificate for any purposes other than	83612
this chapter and Chapter 4121. of the Revised Code. Nothing in	83613
this division gives a self-insuring employer authority to control	83614
the means, manner, or method of employment of the employees of the	83615
contractors and subcontractors covered under a certificate issued	83616
under this division.	83617

The contractors and subcontractors included under a	83618
certificate issued under this division are entitled to the	83619
protections provided under this chapter and Chapter 4121. of the	83620
Revised Code with respect to the contractor's or subcontractor's	83621
employees who are employed on the construction project which is	83622
the subject of the certificate, for death or injuries that arise	83623
out of, or death, injuries, or occupational diseases that arise in	83624
the course of, those employees' employment on that construction	83625
project.	83626

The contractors and subcontractors included under a	83627
certificate issued under this division shall identify in their	83628
payroll records the employees who are considered the employees of	83629
the self-insuring employer listed in that certificate for purposes	83630
of this chapter and Chapter 4121. of the Revised Code, and the	83631
amount that those employees earned for employment on the	83632
construction project that is the subject of that certificate.	83633
Notwithstanding any provision to the contrary under this chapter	83634
and Chapter 4121. of the Revised Code, the administrator shall	83635
exclude the payroll that is reported for employees who are	83636
considered the employees of the self-insuring employer listed in	83637
that certificate, and that the employees earned for employment on	83638
the construction project that is the subject of that certificate,	83639
when determining those contractors' or subcontractors' premiums or	83640
assessments required under this chapter and Chapter 4121. of the	83641
Revised Code. A self-insuring employer issued a certificate under	83642
this division shall include in the amount of paid compensation it	83643
reports pursuant to division (L) of this section, the amount of	83644
paid compensation the self-insuring employer paid pursuant to this	83645
division for the previous calendar year.	83646

Nothing in this division shall be construed as altering the	83647
rights of employees under this chapter and Chapter 4121. of the	83648
Revised Code as those rights existed prior to September 17, 1996.	83649
Nothing in this division shall be construed as altering the rights	83650
devolved under sections 2305.31 and 4123.82 of the Revised Code as	83651
those rights existed prior to September 17, 1996.	83652

As used in this division, "privilege to self-insure a	83653
construction project" means privilege to pay individually	83654
compensation, and to furnish medical, surgical, nursing, and	83655
hospital services and attention and funeral expenses directly to	83656
injured employees or the dependents of killed employees.	83657

(P) A self-insuring employer whose application is granted	83658
under division (O) of this section shall designate a safety	83659
professional to be responsible for the administration and	83660
enforcement of the safety program that is specifically designed	83661
for the construction project that is the subject of the	83662
application.	83663

A self-insuring employer whose application is granted under	83664
division (O) of this section shall employ an ombudsperson for the	83665
construction project that is the subject of the application. The	83666
ombudsperson shall have experience in workers' compensation or the	83667
construction industry, or both. The ombudsperson shall perform all	83668
of the following duties:	83669

(1) Communicate with and provide information to employees who	83670
are injured in the course of, or whose injury arises out of	83671
employment on the construction project, or who contract an	83672
occupational disease in the course of employment on the	83673
construction project;	83674

(2) Investigate the status of a claim upon the request of an	83675
employee to do so;	83676

(3) Provide information to claimants, third party	83677
administrators, employers, and other persons to assist those	83678
persons in protecting their rights under this chapter and Chapter	83679
4121. of the Revised Code.	83680

A self-insuring employer whose application is granted under	83681
division (O) of this section shall post the name of the safety	83682
professional and the ombudsperson and instructions for contacting	83683
the safety professional and the ombudsperson in a conspicuous	83684
place at the site of the construction project.	83685

(Q) The administrator may consider all of the following when	83686
deciding whether to grant a self-insuring employer the privilege	83687
to self-insure a construction project as provided under division	83688
(O) of this section:	83689

(1) Whether the self-insuring employer has an organizational	83690
plan for the administration of the workers' compensation law;	83691

(2) Whether the safety program that is specifically designed	83692
for the construction project provides for the safety of employees	83693
employed on the construction project, is applicable to all	83694
contractors and subcontractors who perform labor or work or	83695
provide materials for the construction project, and has as a	83696
component, a safety training program that complies with standards	83697
adopted pursuant to the "Occupational Safety and Health Act of	83698
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	83699
management and employee involvement;	83700

(3) Whether granting the privilege to self-insure the	83701
construction project will reduce the costs of the construction	83702
project;	83703

(4) Whether the self-insuring employer has employed an	83704
ombudsperson as required under division (P) of this section;	83705

(5) Whether the self-insuring employer has sufficient surety	83706
to secure the payment of claims for which the self-insuring	83707
employer would be responsible pursuant to the granting of the	83708
privilege to self-insure a construction project under division (O)	83709
of this section.	83710

(R) As used in divisions (O), (P), and (Q), "self-insuring	83711
employer" includes the following employers, whether or not they	83712
have been granted the status of being a self-insuring employer	83713
under division (B) of this section:	83714

(1) A state institution of higher education;

83715

(2) A school district;

83716

(3) A county school financing district;

83717

(4) An educational service center;

83718

(5) A community school established under Chapter 3314. of the	83719
Revised Code;	83720

(6) A municipal power agency as defined in section 3734.058	83721
of the Revised Code.	83722

(S) As used in this section:

83723

(1) "Unvoted debt capacity" means the amount of money that a	83724
public employer may borrow without voter approval of a tax levy;	83725

(2) "State institution of higher education" means the state	83726
universities listed in section 3345.011 of the Revised Code,	83727
community colleges created pursuant to Chapter 3354. of the	83728
Revised Code, university branches created pursuant to Chapter	83729
3355. of the Revised Code, technical colleges created pursuant to	83730
Chapter 3357. of the Revised Code, and state community colleges	83731
created pursuant to Chapter 3358. of the Revised Code.	83732

Sec. 4131.03. (A) For the relief of persons who are entitled	83733
to receive benefits by virtue of the federal act, there is hereby	83734
established a coal-workers pneumoconiosis fund, which shall be	83735
separate from the funds established and administered pursuant to	83736
Chapter 4123. of the Revised Code. The fund shall consist of	83737
premiums and other payments thereto by subscribers who elect to	83738
subscribe to the fund to insure the payment of benefits required	83739
by the federal act.	83740

(B)(1) The coal-workers pneumoconiosis fund shall be in the	83741
custody of the treasurer of state. The bureau of workers'	83742
compensation shall make disbursements from the fund to those	83743
persons entitled to payment therefrom and in the amounts required	83744
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	83745
investment earnings of the fund shall be credited to the fund.	83746

(2) ~~The~~Beginning July 1, 2011, and ending June 30, 2013, the	83747
director of natural resources annually may request the	83748
administrator of workers' compensation to transfer a portion of	83749
the investment earnings credited to the coal-workers	83750
pneumoconiosis fund as provided in this division. If the	83751
administrator receives a request from the director, the	83752
administrator ~~of workers' compensation may~~, on the first day of	83753
July, or as soon as possible after that date, shall transfer a	83754
~~portion of~~from the investment earnings credited to the	83755
coal-workers pneumoconiosis fund an amount not to exceed three	83756
million dollars to the mine safety fund created in section 1561.24	83757
of the Revised Code for the purposes specified in that section and	83758
an amount not to exceed one million five hundred thousand dollars	83759
to the coal mining administration and reclamation reserve fund	83760
created in section 1513.181 of the Revised Code for the purposes	83761
specified in that section. The administrator, with the advice and	83762
consent of the bureau of workers' compensation board of directors,	83763
shall adopt rules governing the transfer in order to ensure the	83764
solvency of the coal-workers pneumoconiosis fund. For that	83765
purpose, the rules may establish tests based on measures of net	83766
assets, liabilities, expenses, interest, dividend income, or other	83767
factors that the administrator determines appropriate that may be	83768
applied prior to a transfer.	83769

(C) The administrator shall have the same powers to invest	83770
any of the surplus or reserve belonging to the coal-workers	83771
pneumoconiosis fund as are delegated to the administrator under	83772
section 4123.44 of the Revised Code with respect to the state	83773
insurance fund.	83774

(D) If the administrator determines that reinsurance of the	83775
risks of the coal-workers pneumoconiosis fund is necessary to	83776
assure solvency of the fund, the administrator may:	83777

(1) Enter into contracts for the purchase of reinsurance	83778
coverage of the risks of the fund with any company or agency	83779
authorized by law to issue contracts of reinsurance;	83780

(2) Pay the cost of reinsurance from the fund;

83781

(3) Include the costs of reinsurance as a liability and	83782
estimated liability of the fund.	83783

Sec. 4141.031. The director of the department of job and	83784
family services shall appoint a migrant agricultural ombudsperson	83785
as provided in section ~~3733.49~~3733.43 of the Revised Code.	83786

Sec. 4141.08. (A) There is hereby created an unemployment	83787
compensation advisory council appointed as follows:	83788

(1) Three members who on account of their vocation,	83789
employment, or affiliations can be classed as representative of	83790
employers and three members who on account of their vocation,	83791
employment, or affiliation can be classed as representatives of	83792
employees appointed by the governor with the advice and consent of	83793
the senate. All appointees shall be persons whose training and	83794
experience qualify them to deal with the difficult problems of	83795
unemployment compensation, particularly with respect to the legal,	83796
accounting, actuarial, economic, and social aspects of	83797
unemployment compensation;	83798

(2) The chairpersons of the standing committees of the senate	83799
and the house of representatives to which legislation pertaining	83800
to Chapter 4141. of the Revised Code is customarily referred;	83801

(3) Two members of the senate appointed by the president of	83802
the senate; and	83803

(4) Two members of the house of representatives appointed by	83804
the speaker of the house of representatives.	83805

The speaker and the president shall arrange that of the six	83806
legislative members appointed to the council, not more than three	83807
are members of the same political party.	83808

(B) Members appointed by the governor shall serve for a term	83809
of four years, each term ending on the same day as the date of	83810
their original appointment. Legislative members shall serve during	83811
the session of the general assembly to which they are elected and	83812
for as long as they are members of the general assembly. Vacancies	83813
shall be filled in the same manner as the original appointment but	83814
only for the unexpired part of a term.	83815

(C) Members of the council shall serve without salary but,	83816
notwithstanding section 101.26 of the Revised Code, shall be paid	83817
a meeting stipend of fifty dollars per day each and their actual	83818
and necessary expenses while engaged in the performance of their	83819
duties as members of the council which shall be paid from funds	83820
allocated to pay the expenses of the council pursuant to this	83821
section.	83822

(D) The council shall organize itself and select a	83823
chairperson or co-chairpersons and other officers and committees	83824
as it considers necessary. Seven members constitute a quorum and	83825
the council may act only upon the affirmative vote of seven	83826
members. The council shall meet at least once each calendar	83827
quarter but it may meet more often as the council considers	83828
necessary or at the request of the chairperson.	83829

(E) The council may employ professional and clerical	83830
assistance as it considers necessary and may request of the	83831
director of job and family services assistance as it considers	83832
necessary. The director shall furnish the council with office and	83833
meeting space as requested by the council.	83834

(F) The director shall pay the operating expenses of the	83835
council ~~as determined by the council~~ from moneys in the	83836
unemployment compensation special administrative fund established	83837
in section 4141.11 of the Revised Code.	83838

(G) The council shall have access to only the records of the	83839
department of job and family services that are necessary for the	83840
administration of this chapter and to the reasonable services of	83841
the employees of the department. It may request the director, or	83842
any of the employees appointed by the director, or any employer or	83843
employee subject to this chapter, to appear before it and to	83844
testify relative to the functioning of this chapter and to other	83845
relevant matters. The council may conduct research of its own,	83846
make and publish reports, and recommend to the director, the	83847
unemployment compensation review commission, the governor, or the	83848
general assembly needed changes in this chapter, or in the rules	83849
of the department as it considers necessary.	83850

Sec. 4141.11. There is hereby created in the state treasury	83851
the unemployment compensation special administrative fund. The	83852
fund shall consist of all interest collected on delinquent	83853
contributions pursuant to this chapter, all fines and forfeitures	83854
collected under this chapter, and all court costs and interest	83855
paid or collected in connection with the repayment of fraudulently	83856
obtained benefits pursuant to section 4141.35 of the Revised Code.	83857
All interest earned on the money in the fund shall be retained in	83858
the fund and shall not be credited or transferred to any other	83859
fund or account, except as provided in division (B) of this	83860
section. All moneys which are deposited or paid into this fund may	83861
be used by:	83862

(A) The director of job and family services ~~with the approval~~	83863
~~of the unemployment compensation advisory council~~ whenever it	83864
appears that such use is necessary for:	83865

(1) The proper administration of this chapter and no federal	83866
funds are available for the specific purpose for which the	83867
expenditure is to be made, provided the moneys are not substituted	83868
for appropriations from federal funds, which in the absence of	83869
such moneys would be available;	83870

(2) The proper administration of this chapter for which	83871
purpose appropriations from federal funds have been requested and	83872
approved but not received, provided the fund would be reimbursed	83873
upon receipt of the federal appropriation;	83874

(3) To the extent possible, the repayment to the unemployment	83875
compensation administration fund of moneys found by the proper	83876
agency of the United States to have been lost or expended for	83877
purposes other than, or an amount in excess of, those found	83878
necessary by the proper agency of the United States for the	83879
administration of this chapter.	83880

(B) The director or the director's deputy whenever it appears	83881
that such use is necessary for the payment of refunds or	83882
adjustments of interest, fines, forfeitures, or court costs	83883
erroneously collected and paid into this fund pursuant to this	83884
chapter.	83885

(C) The director, to pay state disaster unemployment benefits	83886
pursuant to section 4141.292 of the Revised Code. ~~The director~~	83887
~~need not have prior approval from the council to make these~~	83888
~~payments.~~	83889

(D) The director, to pay any costs attributable to the	83890
director that are associated with the sale of real property under	83891
section 4141.131 of the Revised Code. ~~The director need not have~~	83892
~~prior approval from the council to make these payments.~~	83893

Whenever the balance in the unemployment compensation special	83894
administrative fund is considered to be excessive by the ~~council~~	83895
director, the director shall request the director of budget and	83896
management to transfer to the unemployment compensation fund the	83897
amount considered to be excessive. Any balance in the unemployment	83898
compensation special administrative fund shall not lapse at any	83899
time, but shall be continuously available to the director of ~~jobs~~	83900
job and family services ~~or to the council~~ for expenditures	83901
consistent with this chapter.	83902

Sec. 4141.33. (A) "Seasonal employment" means employment of	83903
individuals hired primarily to perform services in an industry	83904
which because of climatic conditions or because of the seasonal	83905
nature of such industry it is customary to operate only during	83906
regularly recurring periods of forty weeks or less in any	83907
consecutive fifty-two weeks. "Seasonal employer" means an employer	83908
determined by the director of job and family services to be an	83909
employer whose operations and business, with the exception of	83910
certain administrative and maintenance operations, are	83911
substantially all in a seasonal industry. Any employer who claims	83912
to have seasonal employment in a seasonal industry may file with	83913
the director a written application for classification of such	83914
employment as seasonal. Whenever in any industry it is customary	83915
to operate because of climatic conditions or because of the	83916
seasonal nature of such industry only during regularly recurring	83917
periods of forty weeks or less duration, benefits shall be payable	83918
only during the longest seasonal periods which the best practice	83919
of such industry will reasonably permit. The director shall	83920
determine, after investigation, hearing, and due notice, whether	83921
the industry is seasonal and, if seasonal, establish seasonal	83922
periods for such seasonal employer. Until such determination by	83923
the director, no industry or employment shall be deemed seasonal.	83924

(B) When the director has determined such seasonal periods,	83925
the director shall also establish the proportionate number of	83926
weeks of employment and earnings required to qualify for seasonal	83927
benefit rights in place of the weeks of employment and earnings	83928
requirement stipulated in division (R) of section 4141.01 and	83929
section 4141.30 of the Revised Code, and the proportionate number	83930
of weeks for which seasonal benefits may be paid. An individual	83931
whose base period employment consists of only seasonal employment	83932
for a single seasonal employer and who meets the employment and	83933
earnings requirements determined by the director pursuant to this	83934
division will have benefit rights determined in accordance with	83935
this division. Benefit charges for such seasonal employment shall	83936
be computed and charged in accordance with division (D) of section	83937
4141.24 of the Revised Code. The director may adopt rules for	83938
implementation of this section.	83939

(C) AnSubject to division (E) of this section, an individual	83940
whose base period employment consists of either seasonal	83941
employment with two or more seasonal employers or both seasonal	83942
employment and nonseasonal employment with employers subject to	83943
this chapter, will have benefit rights determined in accordance	83944
with division (R) of section 4141.01 and section 4141.30 of the	83945
Revised Code. Benefit charges for both seasonal and nonseasonal	83946
employment shall be computed and charged in accordance with	83947
division (D) of section 4141.24 of the Revised Code. The total	83948
seasonal and nonseasonal benefits during a benefit year cannot	83949
exceed twenty-six times the weekly benefit amount.	83950

(D) Benefits shall not be paid to any individual on the basis	83951
of any services, substantially all of which consist of	83952
participating in sports or athletic events or training or	83953
preparing to so participate, for any week which commences during	83954
the period between two successive sport seasons, or similar	83955
periods, if the individual performed services in the first of the	83956
seasons, or similar periods, and there is a reasonable assurance	83957
that the individual will perform services in the later of the	83958
seasons, or similar periods.	83959

~~(1)~~(E) Effective October 30, 2011, benefits shall not be paid	83960
to any individual on the basis of any services performed in	83961
seasonal employment for any week that commences during the period	83962
between two successive seasonal work periods if the individual	83963
performed services in the first of the seasonal work periods and	83964
there is a reasonable assurance that the individual will perform	83965
services in the later of the seasonal work periods.	83966

(F) The term "reasonable assurance" as used in this ~~division~~	83967
section means a written, verbal, or implied agreement that the	83968
individual will perform services in the same or similar capacity	83969
during the ensuing sports season or seasonal work period.	83970

~~(2)~~(G) The director shall adopt rules concerning the	83971
eligibility for benefits of individuals under this ~~division~~	83972
section.	83973

Sec. 4301.01. (A) As used in the Revised Code:

83974

(1) "Intoxicating liquor" and "liquor" include all liquids	83975
and compounds, other than beer, containing one-half of one per	83976
cent or more of alcohol by volume which are fit to use for	83977
beverage purposes, from whatever source and by whatever process	83978
produced, by whatever name called, and whether they are medicated,	83979
proprietary, or patented. "Intoxicating liquor" and "liquor"	83980
include wine even if it contains less than four per cent of	83981
alcohol by volume, mixed beverages even if they contain less than	83982
four per cent of alcohol by volume, cider, alcohol, and all solids	83983
and confections which contain any alcohol.	83984

(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to	83985
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the	83986
Revised Code, "sale" and "sell" include exchange, barter, gift,	83987
offer for sale, sale, distribution and delivery of any kind, and	83988
the transfer of title or possession of beer and intoxicating	83989
liquor either by constructive or actual delivery by any means or	83990
devices whatever, including the sale of beer or intoxicating	83991
liquor by means of a controlled access alcohol and beverage	83992
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	83993
and "sell" do not include the mere solicitation of orders for beer	83994
or intoxicating liquor from the holders of permits issued by the	83995
division of liquor control authorizing the sale of the beer or	83996
intoxicating liquor, but no solicitor shall solicit any such	83997
orders until the solicitor has been registered with the division	83998
pursuant to section 4303.25 of the Revised Code.	83999

(3) "Vehicle" includes all means of transportation by land,	84000
by water, or by air, and everything made use of in any way for	84001
such transportation.	84002

(B) As used in this chapter:

84003

(1) "Alcohol" means ethyl alcohol, whether rectified or	84004
diluted with water or not, whatever its origin may be, and	84005
includes synthetic ethyl alcohol. "Alcohol" does not include	84006
denatured alcohol and wood alcohol.	84007

(2) "Beer" includes all beverages brewed or fermented wholly	84008
or in part from malt products and containing one-half of one per	84009
cent or more, but not more than ~~twelve~~eighteen per cent, of	84010
alcohol by volume.	84011

(3) "Wine" includes all liquids fit to use for beverage	84012
purposes containing not less than one-half of one per cent of	84013
alcohol by volume and not more than twenty-one per cent of alcohol	84014
by volume, which is made from the fermented juices of grapes,	84015
fruits, or other agricultural products, except that as used in	84016
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	84017
Revised Code, and, for purposes of determining the rate of the tax	84018
that applies, division (B) of section 4301.43 of the Revised Code,	84019
"wine" does not include cider.	84020

(4) "Mixed beverages," such as bottled and prepared cordials,	84021
cocktails, and highballs, are products obtained by mixing any type	84022
of whiskey, neutral spirits, brandy, gin, or other distilled	84023
spirits with, or over, carbonated or plain water, pure juices from	84024
flowers and plants, and other flavoring materials. The completed	84025
product shall contain not less than one-half of one per cent of	84026
alcohol by volume and not more than twenty-one per cent of alcohol	84027
by volume.	84028

(5) "Spirituous liquor" includes all intoxicating liquors	84029
containing more than twenty-one per cent of alcohol by volume.	84030

(6) "Sealed container" means any container having a capacity	84031
of not more than one hundred twenty-eight fluid ounces, the	84032
opening of which is closed to prevent the entrance of air.	84033

(7) "Person" includes firms and corporations.

84034

(8) "Manufacture" includes all processes by which beer or	84035
intoxicating liquor is produced, whether by distillation,	84036
rectifying, fortifying, blending, fermentation, or brewing, or in	84037
any other manner.	84038

(9) "Manufacturer" means any person engaged in the business	84039
of manufacturing beer or intoxicating liquor.	84040

(10) "Wholesale distributor" and "distributor" means a person	84041
engaged in the business of selling to retail dealers for purposes	84042
of resale.	84043

(11) "Hotel" has the same meaning as in section 3731.01 of	84044
the Revised Code, subject to the exceptions mentioned in section	84045
3731.03 of the Revised Code.	84046

(12) "Restaurant" means a place located in a permanent	84047
building provided with space and accommodations wherein, in	84048
consideration of the payment of money, hot meals are habitually	84049
prepared, sold, and served at noon and evening, as the principal	84050
business of the place. "Restaurant" does not include pharmacies,	84051
confectionery stores, lunch stands, night clubs, and filling	84052
stations.	84053

(13) "Club" means a corporation or association of individuals	84054
organized in good faith for social, recreational, benevolent,	84055
charitable, fraternal, political, patriotic, or athletic purposes,	84056
which is the owner, lessor, or occupant of a permanent building or	84057
part of a permanent building operated solely for those purposes,	84058
membership in which entails the prepayment of regular dues, and	84059
includes the place so operated.	84060

(14) "Night club" means a place operated for profit, where	84061
food is served for consumption on the premises and one or more	84062
forms of amusement are provided or permitted for a consideration	84063
that may be in the form of a cover charge or may be included in	84064
the price of the food and beverages, or both, purchased by	84065
patrons.	84066

(15) "At retail" means for use or consumption by the	84067
purchaser and not for resale.	84068

(16) "Pharmacy" means an establishment, as defined in section	84069
4729.01 of the Revised Code, that is under the management or	84070
control of a licensed pharmacist in accordance with section	84071
4729.27 of the Revised Code.	84072

(17) "Enclosed shopping center" means a group of retail sales	84073
and service business establishments that face into an enclosed	84074
mall, share common ingress, egress, and parking facilities, and	84075
are situated on a tract of land that contains an area of not less	84076
than five hundred thousand square feet. "Enclosed shopping center"	84077
also includes not more than one business establishment that is	84078
located within a free-standing building on such a tract of land,	84079
so long as the sale of beer and intoxicating liquor on the tract	84080
of land was approved in an election held under former section	84081
4301.353 of the Revised Code.	84082

(18) "Controlled access alcohol and beverage cabinet" means a	84083
closed container, either refrigerated, in whole or in part, or	84084
nonrefrigerated, access to the interior of which is restricted by	84085
means of a device that requires the use of a key, magnetic card,	84086
or similar device and from which beer, intoxicating liquor, other	84087
beverages, or food may be sold.	84088

(19) "Community facility" means either of the following:

84089

(a) Any convention, sports, or entertainment facility or	84090
complex, or any combination of these, that is used by or	84091
accessible to the general public and that is owned or operated in	84092
whole or in part by the state, a state agency, or a political	84093
subdivision of the state or that is leased from, or located on	84094
property owned by or leased from, the state, a state agency, a	84095
political subdivision of the state, or a convention facilities	84096
authority created pursuant to section 351.02 of the Revised Code;	84097

(b) An area designated as a community entertainment district	84098
pursuant to section 4301.80 of the Revised Code.	84099

(20) "Low-alcohol beverage" means any brewed or fermented	84100
malt product, or any product made from the fermented juices of	84101
grapes, fruits, or other agricultural products, that contains	84102
either no alcohol or less than one-half of one per cent of alcohol	84103
by volume. The beverages described in division (B)(20) of this	84104
section do not include a soft drink such as root beer, birch beer,	84105
or ginger beer.	84106

(21) "Cider" means all liquids fit to use for beverage	84107
purposes that contain one-half of one per cent of alcohol by	84108
volume, but not more than six per cent of alcohol by weight, and	84109
that are made through the normal alcoholic fermentation of the	84110
juice of sound, ripe apples, including, without limitation,	84111
flavored, sparkling, or carbonated cider and cider made from pure	84112
condensed apple must.	84113

(22) "Sales area or territory" means an exclusive geographic	84114
area or territory that is assigned to a particular A or B permit	84115
holder and that either has one or more political subdivisions as	84116
its boundaries or consists of an area of land with readily	84117
identifiable geographic boundaries. "Sales area or territory" does	84118
not include, however, any particular retail location in an	84119
exclusive geographic area or territory that had been assigned to	84120
another A or B permit holder before April 9, 2001.	84121

Sec. 4301.12. The division of liquor control shall provide	84122
for the custody, safekeeping, and deposit of all moneys, checks,	84123
and drafts received by it or any of its employees or agents prior	84124
to paying them to the treasurer of state as provided by section	84125
113.08 of the Revised Code.	84126

A sum equal to three dollars and thirty-eight cents for each	84127
gallon of spirituous liquor sold by the division, JobsOhio, or a	84128
designee of JobsOhio during the period covered by the payment	84129
shall be paid into the state treasury to the credit of the general	84130
revenue fund. All moneys received from permit fees, except B-2a	84131
and S permit fees from B-2a and S permit holders who do not also	84132
hold A-2 permits, shall be paid to the credit of the undivided	84133
liquor permit fund established by section 4301.30 of the Revised	84134
Code.	84135

Except as otherwise provided by law, all moneys collected	84136
under Chapters 4301. and 4303. of the Revised Code shall be paid	84137
by the division into the state treasury to the credit of the	84138
liquor control fund, which is hereby created. In addition, revenue	84139
resulting from any contracts with the department of commerce	84140
pertaining to the responsibilities and operations described in	84141
this chapter may be credited to the fund. Amounts in the liquor	84142
control fund may be used to pay the operating expenses of the	84143
liquor control commission.	84144

Whenever, in the judgment of the director of budget and	84145
management, the amount in the liquor control fund is in excess of	84146
that needed to meet the maturing obligations of the division, as	84147
working capital for its further operations, to pay the operating	84148
expenses of the commission, and for the alcohol testing program	84149
under section 3701.143 of the Revised Code, the director shall	84150
transfer the excess to the credit of the general revenue fund. If	84151
the director determines that the amount in the liquor control fund	84152
is insufficient, the director may transfer money from the general	84153
revenue fund to the liquor control fund.	84154

Sec. 4301.17. (A)(1) Subject to local option as provided in	84155
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	84156
stores or agencies may be established in each county. One	84157
additional store may be established in any county for each twenty	84158
thousand of population of that county or major fraction thereof in	84159
excess of the first forty thousand, according to the last	84160
preceding federal decennial census or according to the population	84161
estimates certified by the department of development between	84162
decennial censuses. A person engaged in a mercantile business may	84163
act as the agent for the division of liquor control for the sale	84164
of spirituous liquor in a municipal corporation, in the	84165
unincorporated area of a township, or in an area designated and	84166
approved as a resort area under section 4303.262 of the Revised	84167
Code. The division shall fix the compensation for such an agent in	84168
the manner it considers best, but the compensation shall not	84169
exceed seven per cent of the gross sales made by the agent in any	84170
one year.	84171

(2) The division shall adopt rules in accordance with Chapter	84172
119. of the Revised Code governing the allocation and equitable	84173
distribution of agency store contracts. The division shall comply	84174
with the rules when awarding a contract under division (A)(1) of	84175
this section.	84176

(3) Except as otherwise provided in this section, no	84177
mercantile business that sells beer or intoxicating liquor for	84178
consumption on the premises under a permit issued by the division	84179
shall operate an agency store at the premises. An agency to which	84180
a D-1 permit has been issued may offer for sale tasting samples of	84181
beer, an agency to which a D-2 permit has been issued may offer	84182
for sale tasting samples of wine and mixed beverages, and an	84183
agency to which a D-5 permit has been issued may offer for sale	84184
tasting samples of beer, wine, ~~and~~ mixed beverages, ~~but not~~and	84185
spirituous liquor. An agency store may offer for sale tasting	84186
samples of spirituous liquor. A tasting sample shall not be sold	84187
for the purpose of general consumption. As used in this section,	84188
"tasting sample" means either of the following:	84189

(a) In the case of beer, wine, and mixed beverages, a small	84190
amount of beer, wine, or mixed beverages that is provided in not	84191
more than four servings of not more than two ounces each to an	84192
authorized purchaser and that allows the purchaser to determine,	84193
by tasting only, the quality and character of the beverage;	84194

(b) In the case of spirituous liquor, a small amount of	84195
spirituous liquor that is provided in not more than four servings	84196
of not more than a quarter ounce of spirituous liquor and one	84197
ounce of nonalcoholic mixer each to an authorized purchaser and	84198
that allows the purchaser to determine, by tasting only, the	84199
quality and character of the beverage.	84200

(B) When an agency contract is proposed, when an existing	84201
agency contract is assigned, when an existing agency proposes to	84202
relocate, or when an existing agency is relocated and assigned,	84203
before entering into any contract, consenting to any assignment,	84204
or consenting to any relocation, the division shall notify the	84205
legislative authority of the municipal corporation in which the	84206
agency store is to be located, or the board of county	84207
commissioners and the board of township trustees of the county and	84208
the township in which the agency store is to be located if the	84209
agency store is to be located outside the corporate limits of a	84210
municipal corporation, of the proposed contract, assignment, or	84211
relocation, and an opportunity shall be provided officials or	84212
employees of the municipal corporation or county and township for	84213
a complete hearing upon the advisability of entering into the	84214
contract or consenting to the assignment or relocation. When the	84215
division sends notice to the legislative authority of the	84216
political subdivision, the division shall notify, by certified	84217
mail or by personal service, the chief peace officer of the	84218
political subdivision, who may appear and testify, either in	84219
person or through a representative, at any hearing held on the	84220
advisability of entering into the contract or consenting to the	84221
assignment or relocation.	84222

If the proposed agency store, the assignment of an agency	84223
contract, or the relocation of an agency store would be located	84224
within five hundred feet of a school, church, library, public	84225
playground, or township park, the division shall not enter into an	84226
agency contract until it has provided notice of the proposed	84227
contract to the authorities in control of the school, church,	84228
library, public playground, or township park and has provided	84229
those authorities with an opportunity for a complete hearing upon	84230
the advisability of entering into the contract. If an agency store	84231
so located is operating under an agency contract, the division may	84232
consent to relocation of the agency store or to the assignment of	84233
that contract to operate an agency store at the same location. The	84234
division may also consent to the assignment of an existing agency	84235
contract simultaneously with the relocation of the agency store.	84236
In any such assignment or relocation, the assignee and the	84237
location shall be subject to the same requirements that the	84238
existing location met at the time that the contract was first	84239
entered into as well as any additional requirements imposed by the	84240
division in rules adopted by the superintendent of liquor control.	84241
The division shall not consent to an assignment or relocation of	84242
an agency store until it has notified the authorities in control	84243
of the school, church, library, public playground, or township	84244
park and has provided those authorities with an opportunity for a	84245
complete hearing upon the advisability of consenting to the	84246
assignment or relocation.	84247

Any hearing provided for in this division shall be held in	84248
the central office of the division, except that upon written	84249
request of the legislative authority of the municipal corporation,	84250
the board of county commissioners, the board of township trustees,	84251
or the authorities in control of the school, church, library,	84252
public playground, or township park, the hearing shall be held in	84253
the county seat of the county where the proposed agency store is	84254
to be located.	84255

(C) All agency contracts entered into by the division	84256
pursuant to this section shall be in writing and shall contain a	84257
clause providing for the termination of the contract at will by	84258
the division upon its giving ninety days' notice in writing to the	84259
agent of its intention to do so. Any agency contract may include a	84260
clause requiring the agent to report to the appropriate law	84261
enforcement agency the name and address of any individual under	84262
twenty-one years of age who attempts to make an illegal purchase.	84263

An agent may engage in the selling of beer, mixed beverages,	84264
and wine pursuant to permits issued to the agent under Chapter	84265
4303. of the Revised Code.	84266

The division shall issue a C-1 and C-2 permit to each agent	84267
who prior to November 1, 1994, had not been issued both of these	84268
permits, notwithstanding the population quota restrictions	84269
contained in section 4303.29 of the Revised Code or in any rule of	84270
the liquor control commission and notwithstanding the requirements	84271
of section 4303.31 of the Revised Code. The location of a C-1 or	84272
C-2 permit issued to such an agent shall not be transferred. The	84273
division shall revoke any C-1 or C-2 permit issued to an agent	84274
under this paragraph if the agent no longer operates an agency	84275
store.	84276

The division may enter into agreements with the department of	84277
development to implement a minority loan program to provide	84278
low-interest loans to minority business enterprises, as defined in	84279
section 122.71 of the Revised Code, that are awarded liquor agency	84280
contracts or assignments.	84281

(D) If the division closes a state liquor store and replaces	84282
that store with an agency store, any employees of the division	84283
employed at that state liquor store who lose their jobs at that	84284
store as a result shall be given preference by the agent who	84285
operates the agency store in filling any vacancies that occur	84286
among the agent's employees, if that preference does not conflict	84287
with the agent's obligations pursuant to a collective bargaining	84288
agreement.	84289

If the division closes a state liquor store and replaces the	84290
store with an agency store, any employees of the division employed	84291
at the state liquor store who lose their jobs at that store as a	84292
result may displace other employees as provided in sections	84293
124.321 to 124.328 of the Revised Code. If an employee cannot	84294
displace other employees and is laid off, the employee shall be	84295
reinstated in another job as provided in sections 124.321 to	84296
124.328 of the Revised Code, except that the employee's rights of	84297
reinstatement in a job at a state liquor store shall continue for	84298
a period of two years after the date of the employee's layoff and	84299
shall apply to jobs at state liquor stores located in the	84300
employee's layoff jurisdiction and any layoff jurisdiction	84301
adjacent to the employee's layoff jurisdiction.	84302

(E) The division shall require every agent to give bond with	84303
surety to the satisfaction of the division, in the amount the	84304
division fixes, conditioned for the faithful performance of the	84305
agent's duties as prescribed by the division.	84306

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	84307
the Revised Code:	84308

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	84309
fluid ounces.	84310

(2) "Sale" or "sell" includes exchange, barter, gift,	84311
distribution, and, except with respect to A-4 permit holders,	84312
offer for sale.	84313

(B) For the purposes of providing revenues for the support of	84314
the state and encouraging the grape industries in the state, a tax	84315
is hereby levied on the sale or distribution of wine in Ohio,	84316
except for known sacramental purposes, at the rate of thirty cents	84317
per wine gallon for wine containing not less than four per cent of	84318
alcohol by volume and not more than fourteen per cent of alcohol	84319
by volume, ninety-eight cents per wine gallon for wine containing	84320
more than fourteen per cent but not more than twenty-one per cent	84321
of alcohol by volume, one dollar and eight cents per wine gallon	84322
for vermouth, and one dollar and forty-eight cents per wine gallon	84323
for sparkling and carbonated wine and champagne, the tax to be	84324
paid by the holders of A-2 and B-5 permits or by any other person	84325
selling or distributing wine upon which no tax has been paid. From	84326
the tax paid under this section on wine, vermouth, and sparkling	84327
and carbonated wine and champagne, the treasurer of state shall	84328
credit to the Ohio grape industries fund created under section	84329
924.54 of the Revised Code a sum equal to one cent per gallon for	84330
each gallon upon which the tax is paid.	84331

(C) For the purpose of providing revenues for the support of	84332
the state, there is hereby levied a tax on prepared and bottled	84333
highballs, cocktails, cordials, and other mixed beverages at the	84334
rate of one dollar and twenty cents per wine gallon to be paid by	84335
holders of A-4 permits or by any other person selling or	84336
distributing those products upon which no tax has been paid. Only	84337
one sale of the same article shall be used in computing the amount	84338
of tax due. The tax on mixed beverages to be paid by holders of	84339
A-4 permits under this section shall not attach until the	84340
ownership of the mixed beverage is transferred for valuable	84341
consideration to a wholesaler or retailer, and no payment of the	84342
tax shall be required prior to that time.	84343

(D) During the period of July 1, ~~2009~~2011, through June 30,	84344
~~2011~~2013, from the tax paid under this section on wine, vermouth,	84345
and sparkling and carbonated wine and champagne, the treasurer of	84346
state shall credit to the Ohio grape industries fund created under	84347
section 924.54 of the Revised Code a sum equal to two cents per	84348
gallon upon which the tax is paid. The amount credited under this	84349
division is in addition to the amount credited to the Ohio grape	84350
industries fund under division (B) of this section.	84351

(E) For the purpose of providing revenues for the support of	84352
the state, there is hereby levied a tax on cider at the rate of	84353
twenty-four cents per wine gallon to be paid by the holders of A-2	84354
and B-5 permits or by any other person selling or distributing	84355
cider upon which no tax has been paid. Only one sale of the same	84356
article shall be used in computing the amount of the tax due.	84357

Sec. 4301.62. (A) As used in this section:

84358

(1) "Chauffeured limousine" means a vehicle registered under	84359
section 4503.24 of the Revised Code.	84360

(2) "Street," "highway," and "motor vehicle" have the same	84361
meanings as in section 4511.01 of the Revised Code.	84362

(B) No person shall have in the person's possession an opened	84363
container of beer or intoxicating liquor in any of the following	84364
circumstances:	84365

(1) ~~In a state liquor~~Except as provided in division (C) of	84366
this section, in an agency store;	84367

(2) Except as provided in division (C) of this section, on	84368
the premises of the holder of any permit issued by the division of	84369
liquor control;	84370

(3) In any other public place;

84371

(4) Except as provided in division (D) or (E) of this	84372
section, while operating or being a passenger in or on a motor	84373
vehicle on any street, highway, or other public or private	84374
property open to the public for purposes of vehicular travel or	84375
parking;	84376

(5) Except as provided in division (D) or (E) of this	84377
section, while being in or on a stationary motor vehicle on any	84378
street, highway, or other public or private property open to the	84379
public for purposes of vehicular travel or parking.	84380

(C)(1) A person may have in the person's possession an opened	84381
container of any of the following:	84382

(a) Beer or intoxicating liquor that has been lawfully	84383
purchased for consumption on the premises where bought from the	84384
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	84385
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	84386
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	84387
F-8 permit;	84388

(b) Beer, wine, or mixed beverages served for consumption on	84389
the premises by the holder of an F-3 permit or wine served for	84390
consumption on the premises by the holder of an F-4 or F-6 permit;	84391

(c) Beer or intoxicating liquor consumed on the premises of a	84392
convention facility as provided in section 4303.201 of the Revised	84393
Code;	84394

(d) Beer or intoxicating liquor to be consumed during	84395
tastings and samplings approved by rule of the liquor control	84396
commission;	84397

(e) A tasting sample of spirituous liquor, as defined in	84398
section 4301.17 of the Revised Code, to be consumed in an agency	84399
store.	84400

(2) A person may have in the person's possession on an F	84401
liquor permit premises an opened container of beer or intoxicating	84402
liquor that was not purchased from the holder of the F permit if	84403
the premises for which the F permit is issued is a music festival	84404
and the holder of the F permit grants permission for that	84405
possession on the premises during the period for which the F	84406
permit is issued. As used in this division, "music festival" means	84407
a series of outdoor live musical performances, extending for a	84408
period of at least three consecutive days and located on an area	84409
of land of at least forty acres.	84410

(3)(a) A person may have in the person's possession on a D-2	84411
liquor permit premises an opened or unopened container of wine	84412
that was not purchased from the holder of the D-2 permit if the	84413
premises for which the D-2 permit is issued is an outdoor	84414
performing arts center, the person is attending an orchestral	84415
performance, and the holder of the D-2 permit grants permission	84416
for the possession and consumption of wine in certain	84417
predesignated areas of the premises during the period for which	84418
the D-2 permit is issued.	84419

(b) As used in division (C)(3)(a) of this section:

84420

(i) "Orchestral performance" means a concert comprised of a	84421
group of not fewer than forty musicians playing various musical	84422
instruments.	84423

(ii) "Outdoor performing arts center" means an outdoor	84424
performing arts center that is located on not less than one	84425
hundred fifty acres of land and that is open for performances from	84426
the first day of April to the last day of October of each year.	84427

(4) A person may have in the person's possession an opened or	84428
unopened container of beer or intoxicating liquor at an outdoor	84429
location at which the person is attending an orchestral	84430
performance as defined in division (C)(3)(b)(i) of this section if	84431
the person with supervision and control over the performance	84432
grants permission for the possession and consumption of beer or	84433
intoxicating liquor in certain predesignated areas of that outdoor	84434
location.	84435

(5) A person may have in the person's possession on an F-9	84436
liquor permit premises an opened or unopened container of beer or	84437
intoxicating liquor that was not purchased from the holder of the	84438
F-9 permit if the person is attending an orchestral performance	84439
and the holder of the F-9 permit grants permission for the	84440
possession and consumption of beer or intoxicating liquor in	84441
certain predesignated areas of the premises during the period for	84442
which the F-9 permit is issued.	84443

As used in division (C)(5) of this section, "orchestral	84444
performance" has the same meaning as in division (C)(3)(b) of this	84445
section.	84446

(D) This section does not apply to a person who pays all or a	84447
portion of the fee imposed for the use of a chauffeured limousine	84448
pursuant to a prearranged contract, or the guest of the person,	84449
when all of the following apply:	84450

(1) The person or guest is a passenger in the limousine.

84451

(2) The person or guest is located in the limousine, but is	84452
not occupying a seat in the front compartment of the limousine	84453
where the operator of the limousine is located.	84454

(3) The limousine is located on any street, highway, or other	84455
public or private property open to the public for purposes of	84456
vehicular travel or parking.	84457

(E) An opened bottle of wine that was purchased from the	84458
holder of a permit that authorizes the sale of wine for	84459
consumption on the premises where sold is not an opened container	84460
for the purposes of this section if both of the following apply:	84461

(1) The opened bottle of wine is securely resealed by the	84462
permit holder or an employee of the permit holder before the	84463
bottle is removed from the premises. The bottle shall be secured	84464
in such a manner that it is visibly apparent if the bottle has	84465
been subsequently opened or tampered with.	84466

(2) The opened bottle of wine that is resealed in accordance	84467
with division (E)(1) of this section is stored in the trunk of a	84468
motor vehicle or, if the motor vehicle does not have a trunk,	84469
behind the last upright seat or in an area not normally occupied	84470
by the driver or passengers and not easily accessible by the	84471
driver.	84472

Sec. 4301.80. (A) As used in this section, "community	84473
entertainment district" means a bounded area that includes or will	84474
include a combination of entertainment, retail, educational,	84475
sporting, social, cultural, or arts establishments within close	84476
proximity to some or all of the following types of establishments	84477
within the district, or other types of establishments similar to	84478
these:	84479

(1) Hotels;

84480

(2) Restaurants;

84481

(3) Retail sales establishments;

84482

(4) Enclosed shopping centers;

84483

(5) Museums;

84484

(6) Performing arts theaters;

84485

(7) Motion picture theaters;

84486

(8) Night clubs;

84487

(9) Convention facilities;

84488

(10) Sports facilities;

84489

(11) Entertainment facilities or complexes;

84490

(12) Any combination of the establishments described in	84491
division (A)(1) to (11) of this section that provide similar	84492
services to the community.	84493

(B) Any owner of property located in a municipal corporation	84494
seeking to have that property, or that property and other	84495
surrounding property, designated as a community entertainment	84496
district shall file an application seeking this designation with	84497
the mayor of the municipal corporation in which that property is	84498
located. Any owner of property located in the unincorporated area	84499
of a township seeking to have that property, or that property and	84500
other surrounding property, designated as a community	84501
entertainment district shall file an application seeking this	84502
designation with the board of township trustees of the township in	84503
whose unincorporated area that property is located. An application	84504
to designate an area as a community entertainment district shall	84505
contain all of the following:	84506

(1) The applicant's name and address;

84507

(2) A map or survey of the proposed community entertainment	84508
district in sufficient detail to identify the boundaries of the	84509
district and the property owned by the applicant;	84510

(3) A general statement of the nature and types of	84511
establishments described in division (A) of this section that are	84512
or will be located within the proposed community improvement	84513
district and any other establishments located in the proposed	84514
community entertainment district that are not described in	84515
division (A) of this section;	84516

(4) If some or all of the establishments within the proposed	84517
community entertainment district have not yet been developed, the	84518
proposed time frame for completing the development of these	84519
establishments;	84520

(5) Evidence that the uses of land within the proposed	84521
community entertainment district are in accord with the municipal	84522
corporation's or township's master zoning plan or map;	84523

(6) A certificate from a surveyor or engineer licensed under	84524
Chapter 4733. of the Revised Code indicating that the area	84525
encompassed by the proposed community entertainment district	84526
contains no less than twenty contiguous acres;	84527

(7) A handling and processing fee to accompany the	84528
application, payable to the applicable municipal corporation or	84529
township, in an amount determined by that municipal corporation or	84530
township.	84531

(C) An application described in division (B) of this section	84532
relating to an area located in a municipal corporation shall be	84533
addressed and submitted to the mayor of the municipal corporation	84534
in which the area described in the application is located. The	84535
mayor, within thirty days after receiving the application, shall	84536
submit the application with the mayor's recommendation to the	84537
legislative authority of the municipal corporation. An application	84538
described in division (B) of this section relating to an area	84539
located in the unincorporated area of a township shall be	84540
addressed and submitted to the board of township trustees of the	84541
township in whose unincorporated area the area described in the	84542
application is located. The application is a public record for	84543
purposes of section 149.43 of the Revised Code upon its receipt by	84544
the mayor or board of township trustees.	84545

Within thirty days after it receives the application and the	84546
mayor's recommendations relating to the application, the	84547
legislative authority of the municipal corporation, by notice	84548
published once a week for two consecutive weeks in ~~at least~~ one	84549
newspaper of general circulation in the municipal corporation or	84550
as provided in section 7.16 of the Revised Code, shall notify the	84551
public that the application is on file in the office of the clerk	84552
of the municipal corporation and is available for inspection by	84553
the public during regular business hours. Within thirty days after	84554
it receives the application, the board of township trustees, by	84555
notice published once a week for two consecutive weeks in ~~at least~~	84556
one newspaper of general circulation in the township or as	84557
provided in section 7.16 of the Revised Code, shall notify the	84558
public that the application is on file in the office of the	84559
township fiscal officer and is available for inspection by the	84560
public during regular business hours. The notice shall also	84561
indicate the date and time of any public hearing by the	84562
legislative authority or board of township trustees on the	84563
application.	84564

Within seventy-five days after the date the application is	84565
filed with the mayor of a municipal corporation, the legislative	84566
authority of the municipal corporation by ordinance or resolution	84567
shall approve or disapprove the application based on whether the	84568
proposed community entertainment district does or will	84569
substantially contribute to entertainment, retail, educational,	84570
sporting, social, cultural, or arts opportunities for the	84571
community. The community considered shall at a minimum include the	84572
municipal corporation in which the community is located. Any	84573
approval of an application shall be by an affirmative majority	84574
vote of the legislative authority.	84575

Within seventy-five days after the date the application is	84576
filed with a board of township trustees, the board by resolution	84577
shall approve or disapprove the application based on whether the	84578
proposed community entertainment district does or will	84579
substantially contribute to entertainment, retail, educational,	84580
sporting, social, cultural, or arts opportunities for the	84581
community. The community considered shall at a minimum include the	84582
township in which the community is located. Any approval of an	84583
application shall be by an affirmative majority vote of the board	84584
of township trustees.	84585

If the legislative authority or board of township trustees	84586
disapproves the application, the applicant may make changes in the	84587
application to secure its approval by the legislative authority or	84588
board of township trustees. Any area approved by the legislative	84589
authority or board of township trustees constitutes a community	84590
entertainment district, and a local option election may be	84591
conducted in the district, as a type of community facility, under	84592
section 4301.356 of the Revised Code.	84593

(D) All or part of an area designated as a community	84594
entertainment district may lose this designation as provided in	84595
this division. The legislative authority of a municipal	84596
corporation in which a community entertainment district is	84597
located, or the board of township trustees of the township in	84598
whose unincorporated area a community entertainment district is	84599
located, after giving notice of its proposed action by publication	84600
once a week for two consecutive weeks in ~~at least~~ one newspaper of	84601
general circulation in the municipal corporation or township or as	84602
provided in section 7.16 of the Revised Code, may determine by	84603
ordinance or resolution in the case of the legislative authority	84604
of a municipal corporation, or by resolution in the case of a	84605
board of township trustees of a township, that all or part of the	84606
area fails to meet the standards described in this section for	84607
designation of an area as a community entertainment district. If	84608
the legislative authority or board so determines, the area	84609
designated in the ordinance or resolution no longer constitutes a	84610
community entertainment district.	84611

Sec. 4301.81. (A) As used in this section:

84612

(1) "Revitalization district" means a bounded area that	84613
includes or will include a combination of entertainment, retail,	84614
educational, sporting, social, cultural, or arts establishments	84615
within close proximity to some or all of the following types of	84616
establishments within the district, or other types of	84617
establishments similar to these:	84618

(a) Hotels;

84619

(b) Restaurants;

84620

84621

(d) Enclosed shopping centers;

84622

(e) Museums;

84623

(f) Performing arts theaters;

84624

(g) Motion picture theaters;

84625

(h) Night clubs;

84626

(i) Convention facilities;

84627

(j) Sports facilities;

84628

(k) Entertainment facilities or complexes;

84629

(l) Any combination of the establishments described in	84630
divisions (A)(1)(a) to (k) of this section that provide similar	84631
services to the community.	84632

(2) "Municipal corporation" means a municipal corporation	84633
with a population of less than one hundred thousand.	84634

(3) "Township" means a township with a population in its	84635
unincorporated area of less than one hundred thousand.	84636

(B) Any owner of property located in a municipal corporation	84637
seeking to have that property, or that property and other	84638
surrounding property, designated as a revitalization district	84639
shall file an application seeking this designation with the mayor	84640
of the municipal corporation in which that property is located.	84641
Any owner of property located in the unincorporated area of a	84642
township seeking to have that property, or that property and other	84643
surrounding property, designated as a revitalization district	84644
shall file an application seeking this designation with the board	84645
of township trustees of the township in whose unincorporated area	84646
that property is located. An application to designate an area as a	84647
revitalization district shall contain all of the following:	84648

(1) The applicant's name and address;

84649

(2) A map or survey of the proposed revitalization district	84650
in sufficient detail to identify the boundaries of the district	84651
and the property owned by the applicant;	84652

(3) A general statement of the nature and types of	84653
establishments described in division (A) of this section that are	84654
or will be located within the proposed revitalization district and	84655
any other establishments located in the proposed revitalization	84656
district that are not described in division (A) of this section;	84657

(4) If some or all of the establishments within the proposed	84658
revitalization district have not yet been developed, the proposed	84659
time frame for completing the development of these establishments;	84660

(5) Evidence that the uses of land within the proposed	84661
revitalization district are in accord with the municipal	84662
corporation's or township's master zoning plan or map; and	84663

(6) A handling and processing fee to accompany the	84664
application, payable to the applicable municipal corporation or	84665
township, in an amount determined by that municipal corporation or	84666
township.	84667

(C) An application relating to an area located in a municipal	84668
corporation shall be addressed and submitted to the mayor of the	84669
municipal corporation in which the area described in the	84670
application is located. The mayor, within thirty days after	84671
receiving the application, shall submit the application with the	84672
mayor's recommendation to the legislative authority of the	84673
municipal corporation. An application relating to an area located	84674
in the unincorporated area of a township shall be addressed and	84675
submitted to the board of township trustees of the township in	84676
whose unincorporated area the area described in the application is	84677
located. The application is a public record for purposes of	84678
section 149.43 of the Revised Code upon its receipt by the mayor	84679
or board of township trustees.	84680

Within thirty days after it receives the application and the	84681
mayor's recommendations relating to the application, the	84682
legislative authority of the municipal corporation, by notice	84683
published once a week for two consecutive weeks in ~~at least~~ one	84684
newspaper of general circulation in the municipal corporation or	84685
as provided in section 7.16 of the Revised Code, shall notify the	84686
public that the application is on file in the office of the clerk	84687
of the municipal corporation and is available for inspection by	84688
the public during regular business hours. Within thirty days after	84689
it receives the application, the board of township trustees, by	84690
notice published once a week for two consecutive weeks in ~~at least~~	84691
one newspaper of general circulation in the township or as	84692
provided in section 7.16 of the Revised Code, shall notify the	84693
public that the application is on file in the office of the	84694
township fiscal officer and is available for inspection by the	84695
public during regular business hours. The notice shall also	84696
indicate the date and time of any public hearing by the municipal	84697
legislative authority or board of township trustees on the	84698
application.	84699

Within seventy-five days after the date the application is	84700
filed with the mayor of a municipal corporation, the legislative	84701
authority of the municipal corporation by ordinance or resolution	84702
shall approve or disapprove the application based on whether the	84703
proposed revitalization district does or will substantially	84704
contribute to entertainment, retail, educational, sporting,	84705
social, cultural, or arts opportunities for the community. The	84706
community considered shall at a minimum include the municipal	84707
corporation in which the community is located. Any approval of an	84708
application shall be by an affirmative majority vote of the	84709
legislative authority. Not more than one revitalization district	84710
shall be designated within the municipal corporation.	84711

Within seventy-five days after the date the application is	84712
filed with a board of township trustees, the board by resolution	84713
shall approve or disapprove the application based on whether the	84714
proposed revitalization district does or will substantially	84715
contribute to entertainment, retail, educational, sporting,	84716
social, cultural, or arts opportunities for the community. The	84717
community considered shall at a minimum include the township in	84718
which the community is located. Any approval of an application	84719
shall be by an affirmative majority vote of the board of township	84720
trustees. Not more than one revitalization district shall be	84721
designated within the unincorporated area of the township.	84722

If the municipal legislative authority or board of township	84723
trustees disapproves the application, the applicant may make	84724
changes in the application to secure its approval by the	84725
legislative authority or board of township trustees. Any area	84726
approved by the legislative authority or board of township	84727
trustees constitutes a revitalization district, and a local option	84728
election may be conducted in the district, as a type of community	84729
facility, under section 4301.356 of the Revised Code.	84730

(D) All or part of an area designated as a revitalization	84731
district may lose this designation as provided in this division.	84732
The legislative authority of a municipal corporation in which a	84733
revitalization district is located, or the board of township	84734
trustees of the township in whose unincorporated area a	84735
revitalization district is located, after giving notice of its	84736
proposed action by publication once a week for two consecutive	84737
weeks in ~~at least~~ one newspaper of general circulation in the	84738
municipal corporation or township or as provided in section 7.16	84739
of the Revised Code, may determine by ordinance or resolution in	84740
the case of the legislative authority of a municipal corporation,	84741
or by resolution in the case of a board of township trustees of a	84742
township, that all or part of the area fails to meet the standards	84743
described in this section for designation of an area as a	84744
revitalization district. If the legislative authority or board so	84745
determines, the area designated in the ordinance or resolution no	84746
longer constitutes a revitalization district.	84747

Sec. 4303.02. Permit A-1 may be issued to a manufacturer to	84748
manufacture beer and sell beer products in bottles or containers	84749
for home use and to retail and wholesale permit holders under	84750
rules ~~promulgated~~adopted by the division of liquor control. In	84751
addition, an A-1 permit holder may sell beer and beer products	84752
manufactured on the premises at retail, by individual drink in a	84753
glass or from a container, for consumption on the premises where	84754
sold. The fee for this permit is three thousand nine hundred six	84755
dollars for each plant during the year covered by the permit.	84756

Sec. 4303.209. (A)(1) The division of liquor control may	84757
issue an F-9 permit to a nonprofit corporation that operates a	84758
park on property leased from a municipal corporation or a	84759
nonprofit corporation that provides or manages entertainment	84760
programming pursuant to an agreement with a nonprofit corporation	84761
that operates a park on property leased from a municipal	84762
corporation to sell beer or intoxicating liquor by the individual	84763
drink at specific events conducted within the park property and	84764
appurtenant streets, but only if, and only at times at which, the	84765
sale of beer and intoxicating liquor on the premises is otherwise	84766
permitted by law. Additionally, an F-9 permit may be issued only	84767
if the park property is located in a county that has a population	84768
of between one million one hundred thousand and one million two	84769
hundred thousand on the effective date of this section.	84770

(2) The division may issue separate F-9 permits to a	84771
nonprofit corporation that operates a park on property leased from	84772
a municipal corporation and a nonprofit corporation that provides	84773
or manages entertainment programming pursuant to an agreement with	84774
a nonprofit corporation that operates a park on property leased	84775
from a municipal corporation to be effective during the same time	84776
period. However, the permit privileges may be exercised by only	84777
one of the holders of an F-9 permit at specific events. The other	84778
holder of an F-9 permit shall certify to the division that it will	84779
not exercise its permit privileges during that specific event.	84780

(3) The premises on which an F-9 permit will be used shall be	84781
clearly defined and sufficiently restricted to allow proper	84782
supervision of the permit's use by state and local law enforcement	84783
officers. Sales under an F-9 permit shall be confined to the same	84784
hours permitted to the holder of a D-3 permit.	84785

(4) The fee for an F-9 permit is one thousand seven hundred	84786
dollars. An F-9 permit is effective for a period not to exceed	84787
nine months as specified in the permit. An F-9 permit is not	84788
transferable or renewable. However, the holder of an F-9 permit	84789
may apply for a new F-9 permit at any time. The holder of an F-9	84790
permit shall make sales only at those specific events about which	84791
the permit holder has notified in advance the division of liquor	84792
control, the department of public safety, and the chief, sheriff,	84793
or other principal peace officer of the local law enforcement	84794
agencies having jurisdiction over the premises.	84795

(B)(1) An application for the issuance of an F-9 permit is	84796
subject to the notice and hearing requirements established in	84797
division (A) of section 4303.26 of the Revised Code.	84798

(2) The liquor control commission shall adopt rules under	84799
Chapter 119. of the Revised Code necessary to administer this	84800
section.	84801

(C) No F-9 permit holder shall sell beer or intoxicating	84802
liquor beyond the hours of sale allowed by the permit. This	84803
division imposes strict liability on the holder of an F-9 permit	84804
and on any officer, agent, or employee of that permit holder.	84805

Sec. 4313.01. As used in this chapter:

84806

(A) "Enterprise acquisition project" means, as applicable,	84807
all or any portion of the capital or other assets of the	84808
spirituous liquor distribution and merchandising operations of the	84809
division of liquor control, including, without limitation,	84810
inventory, real property rights, equipment, furnishings, the	84811
spirituous liquor distribution system including transportation,	84812
the monetary management system, warehouses, contract rights,	84813
rights to take assignment of contracts and related receipts and	84814
revenues, accounts receivable, the exclusive right to manage and	84815
control spirituous liquor distribution and merchandising and to	84816
sell spirituous liquor in the state subject to the control of the	84817
division of liquor control pursuant to the terms of the transfer	84818
agreement, and all necessary appurtenances thereto, or leasehold	84819
interests therein, and the assets and liabilities of the	84820
facilities establishment fund.	84821

(B) "JobsOhio" means the nonprofit corporation formed under	84822
section 187.01 of the Revised Code and includes any subsidiary of	84823
that corporation unless otherwise specified or clearly implied	84824
from the context, together with any successor or assignee of that	84825
corporation or any such subsidiary if and to the extent permitted	84826
by the transfer agreement or Chapter 187. of the Revised Code.	84827

(C) "Spirituous liquor profits" means all receipts	84828
representing the gross profit on the sale of spirituous liquor, as	84829
referred to in division (B)(4) of section 4301.10 of the Revised	84830
Code, less the costs, expenses, and working capital provided for	84831
therein, but excluding the sum required by the second paragraph of	84832
section 4301.12 of the Revised Code, as in effect on May 2, 1980,	84833
to be paid into the state treasury, provided that from and after	84834
the initial transfer of the enterprise acquisition project to	84835
JobsOhio and until the transfer back to the state under division	84836
(D) of section 4313.02 of the Revised Code, the reference in	84837
division (B)(4) of section 4301.10 of the Revised Code to all	84838
costs and expenses of the division and also an adequate working	84839
capital reserve for the division shall be to all costs and	84840
expenses of JobsOhio and providing an adequate working capital	84841
reserve for JobsOhio.	84842

(D) "Transfer" means an assignment and sale, conveyance,	84843
granting of a franchise, lease, or transfer of all or an interest.	84844

(E) "Transfer agreement" means the agreement entered into	84845
between the state and JobsOhio providing for the transfer of the	84846
enterprise acquisition project pursuant to section 4313.02 of the	84847
Revised Code and any amendments or supplements thereto.	84848

Sec. 4313.02. (A) The state may transfer to JobsOhio, and	84849
JobsOhio may accept the transfer of, all or a portion of the	84850
enterprise acquisition project for a transfer price payable by	84851
JobsOhio to the state. Any such transfer shall be treated as an	84852
absolute conveyance and true sale of the interest in the	84853
enterprise acquisition project purported to be conveyed for all	84854
purposes, and not as a pledge or other security interest. The	84855
characterization of any such transfer as a true sale and absolute	84856
conveyance shall not be negated or adversely affected by the	84857
acquisition or retention by the state of a residual interest in	84858
the enterprise acquisition project, the participation of any state	84859
officer or employee as a member or officer of, or provision of	84860
staff support to, JobsOhio, any responsibility an officer or	84861
employee of the state may have to collect amounts to be received	84862
by JobsOhio from the enterprise acquisition project, or the	84863
retention of the state of any legal title to or interest in any	84864
portion of the enterprise acquisition project for the purpose of	84865
these collection activities, or any characterization of JobsOhio	84866
or obligations of JobsOhio under accounting, taxation, or	84867
securities regulations, or any other reason whatsoever. An	84868
absolute conveyance and true sale or lease shall exist under this	84869
section regardless of whether JobsOhio has any recourse against	84870
the state or the treatment or characterization of the transfer as	84871
a financing for any purpose. Upon and following the transfer, the	84872
state shall not have any right, title, or interest in the	84873
enterprise acquisition project so transferred other than any	84874
residual interest that may be described in the transfer agreement	84875
pursuant to the following paragraph and division (D) of this	84876
section. Any determination of the fair market value of the	84877
enterprise acquisition project reflected in the transfer agreement	84878
shall be conclusive and binding on the state and JobsOhio.	84879

Any transfer of the enterprise acquisition project that is a	84880
lease or grant of a franchise shall be for a term not to exceed	84881
twenty-five years. Any transfer of the enterprise acquisition	84882
project that is an assignment and sale, conveyance, or other	84883
transfer shall contain a provision that the state shall have the	84884
option to have conveyed or transferred back to it, at no cost, the	84885
enterprise acquisition project, as it then exists, no later than	84886
twenty-five years after the original transfer authorized in the	84887
transfer agreement on such other terms as shall be provided in the	84888
transfer agreement.	84889

The exercise of the powers granted by this section will be	84890
for the benefit of the people of the state. As the services	84891
performed by JobsOhio will constitute the performance of essential	84892
government functions, all or any portion of the enterprise	84893
acquisition project transferred pursuant to the transfer agreement	84894
that would be exempt from real property taxes or assessments or	84895
real property taxes or assessments in the absence of such transfer	84896
shall, as it may from time to time exist thereafter, remain exempt	84897
from real property taxes or assessments levied by the state and	84898
its subdivisions to the same extent as if not transferred. The	84899
gross receipts and income of JobsOhio derived from the enterprise	84900
acquisition project shall be exempt from taxation levied by the	84901
state and its subdivisions, including, but not limited to, the	84902
taxes levied pursuant to Chapters 718., 5739., 5741., 5747., and	84903
5751. of the Revised Code. Any transfer from the state to JobsOhio	84904
of the enterprise acquisition project, or item included or to be	84905
included in the project, shall be exempt from the taxes levied	84906
pursuant to Chapters 5739. and 5741. of the Revised Code.	84907

(B) The proceeds of any transfer under division (A) of this	84908
section may be expended as provided in the transfer agreement for	84909
any one or more of the following purposes:	84910

(1) Funding, payment, or defeasance of outstanding bonds	84911
issued pursuant to Chapters 151. and 166. of the Revised Code and	84912
secured by pledged liquor profits as defined in section 151.40 of	84913
the Revised Code;	84914

(2) Deposit into the general revenue fund;

84915

(3) Deposit into the clean Ohio revitalization fund created	84916
pursuant to section 122.658 of the Revised Code, the innovation	84917
Ohio loan fund created pursuant to section 166.16 of the Revised	84918
Code, the research and development loan fund created pursuant to	84919
section 166.20 of the Revised Code, the logistics and distribution	84920
infrastructure fund created pursuant to section 166.26 of the	84921
Revised Code, the advanced energy research and development fund	84922
created pursuant to section 3706.27 of the Revised Code, and the	84923
advanced energy research and development taxable fund created	84924
pursuant to section 3706.27 of the Revised Code;	84925

(4) Conveyance to JobsOhio for the purposes for which it was	84926
created.	84927

(C)(1) The state may covenant, pledge, and agree in the	84928
transfer agreement, with and for the benefit of JobsOhio, that it	84929
shall maintain statutory authority for the enterprise acquisition	84930
project and the revenues of the enterprise acquisition project and	84931
not otherwise materially impair any obligations supported by a	84932
pledge of revenues of the enterprise acquisition project. The	84933
transfer agreement may provide or authorize the manner for	84934
determining material impairment of the security for any such	84935
outstanding obligations, including by assessing and evaluating the	84936
revenues of the enterprise acquisition project.	84937

(2) The governor, director of development, director of	84938
commerce, and director of budget and management may, without need	84939
for any other approval, take any action and execute any documents,	84940
including any transfer agreements, necessary to effect the	84941
transfer and the acceptance of the transfer of the enterprise	84942
acquisition project. The director of budget and management,	84943
director of commerce, and director of development may also,	84944
without need for any other approval, retain or contract for the	84945
services of commercial appraisers, underwriters, investment	84946
bankers, and financial advisers, as are necessary in their	84947
judgment to effect the transfer agreement. Any transfer agreement	84948
may contain terms and conditions established by the state to carry	84949
out and effectuate the purposes of this section, including,	84950
without limitation, covenants binding the state in favor of	84951
JobsOhio. Any such transfer agreement shall be sufficient to	84952
effectuate the transfer without regard to any other laws governing	84953
other property sales or financial transactions by the state. The	84954
director of budget and management may create any funds or	84955
accounts, within or without the state treasury, as are needed for	84956
the transactions and activities authorized by this section.	84957

(3) The transfer agreement may authorize JobsOhio to sell,	84958
lease, release, or otherwise dispose of real and personal property	84959
or interests therein, or a combination thereof, acquired by	84960
JobsOhio under this section and no longer needed for the purposes	84961
of this chapter, the enterprise acquisition project, or JobsOhio,	84962
and to grant such easements and other interests and rights in,	84963
over, under, or across all or a portion of the enterprise	84964
acquisition project as will not interfere with its use of such	84965
property. Such sale, lease, release, disposition, or grant may be	84966
made without competitive bidding and in such manner and for such	84967
consideration as JobsOhio in its judgment deems appropriate.	84968
Subject to the provisions of the first sentence of this paragraph,	84969
ownership of the interest in the enterprise acquisition project	84970
that is transferred to JobsOhio under this section and the	84971
transfer agreement shall be maintained in JobsOhio or a nonprofit	84972
entity the sole member of which is JobsOhio until the enterprise	84973
acquisition project is transferred back to the state pursuant to	84974
the second paragraph of division (A) and division (D) of this	84975
section.	84976

(D) The transfer agreement may authorize JobsOhio to fix,	84977
alter, and collect rentals and other charges for the use and	84978
occupancy of all or any portion of the enterprise acquisition	84979
project and to lease any portion of the enterprise acquisition	84980
project to others, and shall include a contract with, or the	84981
granting of an option to, the state to have the enterprise	84982
acquisition project, as it then exists, transferred back to it	84983
without charge in accordance with the terms of the transfer	84984
agreement after retirement or redemption, or provision therefor,	84985
of all obligations supported by a pledge of spirituous liquor	84986
profits.	84987

(E) JobsOhio, the director of budget and management, the	84988
director of commerce, and the director of development may also,	84989
without need for any other approval, enter into a contract, which	84990
may be part of the transfer agreement, for the continuing	84991
operation by the division of liquor control of spirituous liquor	84992
distribution and merchandising subject to standards for	84993
performance provided in that contract that may relate to or	84994
support division (C)(1) of this section. The contract may	84995
establish other terms and conditions for the assignment of duties	84996
to, and the provision of advice, services, and other assistance	84997
by, the division of liquor control, including providing for the	84998
necessary staffing and payment by JobsOhio of appropriate	84999
compensation to the division for the performance of such duties	85000
and the provision of such advice, services, and other assistance.	85001
The provisions of, and activities under, any such contract are	85002
subject to the requirements of, and limitations established under,	85003
divisions (A)(1), (3), and (5) and (B)(4) of section 4301.10 and	85004
section 4301.17 of the Revised Code.	85005

(F) The transfer agreement shall require JobsOhio to pay for	85006
the operations of the division of liquor control with regard to	85007
the spirituous liquor merchandising operations of the division.	85008
The payments from JobsOhio shall be deposited into the state	85009
treasury to the credit of the liquor control fund created in	85010
section 4301.12 of the Revised Code.	85011

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	85012
designate the county auditor in each county a deputy registrar. If	85013
the population of a county is forty thousand or less according to	85014
the last federal census and if the county auditor is designated by	85015
the registrar as a deputy registrar, no other person need be	85016
designated in the county to act as a deputy registrar.	85017

(b) The registrar may designate a clerk of a court of common	85018
pleas as a deputy registrar if the population of the county is	85019
forty thousand or less according to the last federal census. In a	85020
county with a population greater than forty thousand but not more	85021
than fifty thousand according to the last federal census, the	85022
clerk of a court of common pleas is eligible to act as a deputy	85023
registrar and may participate in the competitive selection process	85024
for the award of a deputy registrar contract by applying in the	85025
same manner as any other person. All fees collected and retained	85026
by a clerk for conducting deputy registrar services shall be paid	85027
into the county treasury to the credit of the certificate of title	85028
administration fund created under section 325.33 of the Revised	85029
Code.	85030

(c) In all other instances, the registrar shall contract with	85031
one or more other persons in each county to act as deputy	85032
registrars. Notwithstanding the county population restrictions in	85033
division (A)(1)(b) of this section, if no person applies to act	85034
under contract as a deputy registrar in a county and the county	85035
auditor is not designated as a deputy registrar, the registrar may	85036
ask the clerk of a court of common pleas to serve as the deputy	85037
registrar for that county.	85038

(2) Deputy registrars shall accept applications for the	85039
annual license tax for any vehicle not taxed under section 4503.63	85040
of the Revised Code and shall assign distinctive numbers in the	85041
same manner as the registrar. Such deputies shall be located in	85042
such locations in the county as the registrar sees fit. There	85043
shall be at least one deputy registrar in each county.	85044

Deputy registrar contracts are subject to the provisions of	85045
division (B) of section 125.081 of the Revised Code.	85046

(B) The registrar shall not contract with any person to act	85047
as a deputy registrar if the person or, where applicable, the	85048
person's spouse or a member of the person's immediate family has	85049
made, within the current calendar year or any one of the previous	85050
three calendar years, one or more contributions totaling in excess	85051
of one hundred dollars to any person or entity included in	85052
division (A)(2) of section 4503.033 of the Revised Code. As used	85053
in this division, "immediate family" has the same meaning as in	85054
division (D) of section 102.01 of the Revised Code, and "entity"	85055
includes any political party and any "continuing association" as	85056
defined in division (B)(4) of section 3517.01 of the Revised Code	85057
or "political action committee" as defined in division (B)(8) of	85058
that section that is primarily associated with that political	85059
party. For purposes of this division, contributions to any	85060
continuing association or any political action committee that is	85061
primarily associated with a political party shall be aggregated	85062
with contributions to that political party.	85063

The contribution limitations contained in this division do	85064
not apply to any county auditor or clerk of a court of common	85065
pleas. A county auditor or clerk of a court of common pleas is not	85066
required to file the disclosure statement or pay the filing fee	85067
required under section 4503.033 of the Revised Code. The	85068
limitations of this division also do not apply to a deputy	85069
registrar who, subsequent to being awarded a deputy registrar	85070
contract, is elected to an office of a political subdivision.	85071

The registrar shall not contract with either of the following	85072
to act as a deputy registrar:	85073

(1) Any elected public official other than a county auditor	85074
or, as authorized by division (A)(1)(b) of this section, a clerk	85075
of a court of common pleas, acting in an official capacity, except	85076
that, the registrar shall continue and may renew a contract with	85077
any deputy registrar who, subsequent to being awarded a deputy	85078
registrar contract, is elected to an office of a political	85079
subdivision;	85080

(2) Any person holding a current, valid contract to conduct	85081
motor vehicle inspections under section 3704.14 of the Revised	85082
Code.	85083

As used in division (B) of this section, "political	85084
subdivision" has the same meaning as in section 3501.01 of the	85085
Revised Code.	85086

(C)(1) Except as provided in division (C)(2) of this section,	85087
deputy registrars are independent contractors and neither they nor	85088
their employees are employees of this state, except that nothing	85089
in this section shall affect the status of county auditors or	85090
clerks of courts of common pleas as public officials, nor the	85091
status of their employees as employees of any of the counties of	85092
this state, which are political subdivisions of this state. Each	85093
deputy registrar shall be responsible for the payment of all	85094
unemployment compensation premiums, all workers' compensation	85095
premiums, social security contributions, and any and all taxes for	85096
which the deputy registrar is legally responsible. Each deputy	85097
registrar shall comply with all applicable federal, state, and	85098
local laws requiring the withholding of income taxes or other	85099
taxes from the compensation of the deputy registrar's employees.	85100
Each deputy registrar shall maintain during the entire term of the	85101
deputy registrar's contract a policy of business liability	85102
insurance satisfactory to the registrar and shall hold the	85103
department of public safety, the director of public safety, the	85104
bureau of motor vehicles, and the registrar harmless upon any and	85105
all claims for damages arising out of the operation of the deputy	85106
registrar agency.	85107

(2) For purposes of Chapter 4141. of the Revised Code,	85108
determinations concerning the employment of deputy registrars and	85109
their employees shall be made under Chapter 4141. of the Revised	85110
Code.	85111

(D)(1) With the approval of the director, the registrar shall	85112
adopt rules governing the terms of the contract between the	85113
registrar and each deputy registrar and specifications for the	85114
services to be performed. The rules shall include specifications	85115
relating to the amount of bond to be given as provided in this	85116
section; the size and location of the deputy's office; and the	85117
leasing of equipment necessary to conduct the vision screenings	85118
required under section 4507.12 of the Revised Code and training in	85119
the use of the equipment. The specifications shall permit and	85120
encourage every deputy registrar to inform the public of the	85121
location of the deputy registrar's office and hours of operation	85122
by means of public service announcements and allow any deputy	85123
registrar to advertise in regard to the operation of the deputy	85124
registrar's office. The rules also shall include specifications	85125
for the hours the deputy's office is to be open to the public and	85126
shall require as a minimum that one deputy's office in each county	85127
be open to the public for at least four hours each weekend,	85128
provided that if only one deputy's office is located within the	85129
boundary of the county seat, that office is the office that shall	85130
be open for the four-hour period each weekend, and that every	85131
deputy's office in each county shall be open to the public until	85132
six-thirty p.m. on at least one weeknight each week. The rules	85133
also shall include specifications providing that every deputy in	85134
each county, upon request, provide any person with information	85135
about the location and office hours of all deputy registrars in	85136
the county and that every deputy prominently display within the	85137
deputy's office, the toll-free telephone number of the bureau. The	85138
rules shall not prohibit the award of a deputy registrar contract	85139
to a nonprofit corporation formed under the laws of this state.	85140
The rules shall prohibit any deputy registrar from operating more	85141
than one such office at any time, except that the rules may permit	85142
a nonprofit corporation formed for the purposes of providing	85143
automobile-related services to its members or the public and that	85144
provides such services from more than one location in this state	85145
to operate a deputy registrar office at any such location,	85146
provided that the nonprofit corporation operates no more than one	85147
deputy registrar office in any one county. The rules may include	85148
such other specifications as the registrar and director consider	85149
necessary to provide a high level of service.	85150

~~The rules shall establish procedures for a deputy registrar~~	85151
~~who requests such authority to collect reinstatement fees under~~	85152
~~sections 4507.1612, 4507.45, 4509.101, 4509.81, 4510.10, 4510.22,~~	85153
~~4510.72, and 4511.191 of the Revised Code and to transmit the~~	85154
~~reinstatement fees and two dollars of the service fee collected~~	85155
~~under those sections. The registrar shall ensure that, not later~~	85156
~~than January 1, 2012, at least one deputy registrar in each county~~	85157
~~has the necessary equipment and is able to accept reinstatement~~	85158
~~fees. The registrar shall deposit the service fees received from a~~	85159
~~deputy registrar under those sections into the state bureau of~~	85160
~~motor vehicles fund created in section 4501.25 of the Revised Code~~	85161
~~and shall use the money for deputy registrar equipment necessary~~	85162
~~in connection with accepting reinstatement fees.~~	85163

(2) As a daily adjustment, the bureau of motor vehicles shall	85164
credit to a deputy registrar three dollars and fifty cents for	85165
each damaged license plate or validation sticker the deputy	85166
registrar replaces as a service to a member of the public.	85167

(3) With the prior approval of the registrar, each deputy	85168
registrar may conduct at the location of the deputy registrar's	85169
office any business that is consistent with the functions of a	85170
deputy registrar and that is not specifically mandated or	85171
authorized by this or another chapter of the Revised Code or by	85172
implementing rules of the registrar.	85173

In accordance with guidelines the director of public safety	85174
shall establish, a deputy registrar may operate or contract for	85175
the operation of a vending machine at a deputy registrar location	85176
if products of the vending machine are consistent with the	85177
functions of a deputy registrar.	85178

(4) As used in this section and in section 4507.01 of the	85179
Revised Code, "nonprofit corporation" has the same meaning as in	85180
section 1702.01 of the Revised Code.	85181

(E) Unless otherwise terminated and except for interim	85182
contracts of less than one year, contracts with deputy registrars	85183
shall be for a term of at least two years, but no more than three	85184
years, and all contracts effective on or after July 1, 1996, shall	85185
be for a term of more than two years, but not more than three	85186
years. All contracts with deputy registrars shall expire on the	85187
last Saturday of June in the year of their expiration. The auditor	85188
of state may examine the accounts, reports, systems, and other	85189
data of each deputy registrar at least every two years. The	85190
registrar, with the approval of the director, shall immediately	85191
remove a deputy who violates any provision of the Revised Code	85192
related to the duties as a deputy, any rule adopted by the	85193
registrar, or a term of the deputy's contract with the registrar.	85194
The registrar also may remove a deputy who, in the opinion of the	85195
registrar, has engaged in any conduct that is either unbecoming to	85196
one representing this state or is inconsistent with the efficient	85197
operation of the deputy's office.	85198

If the registrar, with the approval of the director,	85199
determines that there is good cause to believe that a deputy	85200
registrar or a person proposing for a deputy registrar contract	85201
has engaged in any conduct that would require the denial or	85202
termination of the deputy registrar contract, the registrar may	85203
require the production of books, records, and papers as the	85204
registrar determines are necessary, and may take the depositions	85205
of witnesses residing within or outside the state in the same	85206
manner as is prescribed by law for the taking of depositions in	85207
civil actions in the court of common pleas, and for that purpose	85208
the registrar may issue a subpoena for any witness or a subpoena	85209
duces tecum to compel the production of any books, records, or	85210
papers, directed to the sheriff of the county where the witness	85211
resides or is found. Such a subpoena shall be served and returned	85212
in the same manner as a subpoena in a criminal case is served and	85213
returned. The fees of the sheriff shall be the same as that	85214
allowed in the court of common pleas in criminal cases. Witnesses	85215
shall be paid the fees and mileage provided for under section	85216
119.094 of the Revised Code. The fees and mileage shall be paid	85217
from the fund in the state treasury for the use of the agency in	85218
the same manner as other expenses of the agency are paid.	85219

In any case of disobedience or neglect of any subpoena served	85220
on any person or the refusal of any witness to testify to any	85221
matter regarding which the witness lawfully may be interrogated,	85222
the court of common pleas of any county where the disobedience,	85223
neglect, or refusal occurs or any judge of that court, on	85224
application by the registrar, shall compel obedience by attachment	85225
proceedings for contempt, as in the case of disobedience of the	85226
requirements of a subpoena issued from that court, or a refusal to	85227
testify in that court.	85228

Nothing in this division shall be construed to require a	85229
hearing of any nature prior to the termination of any deputy	85230
registrar contract by the registrar, with the approval of the	85231
director, for cause.	85232

(F) Except as provided in section 2743.03 of the Revised	85233
Code, no court, other than the court of common pleas of Franklin	85234
county, has jurisdiction of any action against the department of	85235
public safety, the director, the bureau, or the registrar to	85236
restrain the exercise of any power or authority, or to entertain	85237
any action for declaratory judgment, in the selection and	85238
appointment of, or contracting with, deputy registrars. Neither	85239
the department, the director, the bureau, nor the registrar is	85240
liable in any action at law for damages sustained by any person	85241
because of any acts of the department, the director, the bureau,	85242
or the registrar, or of any employee of the department or bureau,	85243
in the performance of official duties in the selection and	85244
appointment of, and contracting with, deputy registrars.	85245

(G) The registrar shall assign to each deputy registrar a	85246
series of numbers sufficient to supply the demand at all times in	85247
the area the deputy registrar serves, and the registrar shall keep	85248
a record in the registrar's office of the numbers within the	85249
series assigned. Each deputy shall be required to give bond in the	85250
amount of at least twenty-five thousand dollars, or in such higher	85251
amount as the registrar determines necessary, based on a uniform	85252
schedule of bond amounts established by the registrar and	85253
determined by the volume of registrations handled by the deputy.	85254
The form of the bond shall be prescribed by the registrar. The	85255
bonds required of deputy registrars, in the discretion of the	85256
registrar, may be individual or schedule bonds or may be included	85257
in any blanket bond coverage carried by the department.	85258

(H) Each deputy registrar shall keep a file of each	85259
application received by the deputy and shall register that motor	85260
vehicle with the name and address of its owner.	85261

(I) Upon request, a deputy registrar shall make the physical	85262
inspection of a motor vehicle and issue the physical inspection	85263
certificate required in section 4505.061 of the Revised Code.	85264

(J) Each deputy registrar shall file a report ~~semi-annually~~	85265
semiannually with the registrar of motor vehicles listing the	85266
number of applicants for licenses the deputy has served, the	85267
number of voter registration applications the deputy has completed	85268
and transmitted to the board of elections, and the number of voter	85269
registration applications declined.	85270

Sec. 4503.06. (A) The owner of each manufactured or mobile	85271
home that has acquired situs in this state shall pay either a real	85272
property tax pursuant to Title LVII of the Revised Code or a	85273
manufactured home tax pursuant to division (C) of this section.	85274

(B) The owner of a manufactured or mobile home shall pay real	85275
property taxes if either of the following applies:	85276

(1) The manufactured or mobile home acquired situs in the	85277
state or ownership in the home was transferred on or after January	85278
1, 2000, and all of the following apply:	85279

(a) The home is affixed to a permanent foundation as defined	85280
in division (C)(5) of section 3781.06 of the Revised Code.	85281

(b) The home is located on land that is owned by the owner of	85282
the home.	85283

(c) The certificate of title has been inactivated by the	85284
clerk of the court of common pleas that issued it, pursuant to	85285
division (H) of section 4505.11 of the Revised Code.	85286

(2) The manufactured or mobile home acquired situs in the	85287
state or ownership in the home was transferred before January 1,	85288
2000, and all of the following apply:	85289

(a) The home is affixed to a permanent foundation as defined	85290
in division (C)(5) of section 3781.06 of the Revised Code.	85291

(b) The home is located on land that is owned by the owner of	85292
the home.	85293

(c) The owner of the home has elected to have the home taxed	85294
as real property and, pursuant to section 4505.11 of the Revised	85295
Code, has surrendered the certificate of title to the auditor of	85296
the county containing the taxing district in which the home has	85297
its situs, together with proof that all taxes have been paid.	85298

(d) The county auditor has placed the home on the real	85299
property tax list and delivered the certificate of title to the	85300
clerk of the court of common pleas that issued it and the clerk	85301
has inactivated the certificate.	85302

(C)(1) Any mobile or manufactured home that is not taxed as	85303
real property as provided in division (B) of this section is	85304
subject to an annual manufactured home tax, payable by the owner,	85305
for locating the home in this state. The tax as levied in this	85306
section is for the purpose of supplementing the general revenue	85307
funds of the local subdivisions in which the home has its situs	85308
pursuant to this section.	85309

(2) The year for which the manufactured home tax is levied	85310
commences on the first day of January and ends on the following	85311
thirty-first day of December. The state shall have the first lien	85312
on any manufactured or mobile home on the list for the amount of	85313
taxes, penalties, and interest charged against the owner of the	85314
home under this section. The lien of the state for the tax for a	85315
year shall attach on the first day of January to a home that has	85316
acquired situs on that date. The lien for a home that has not	85317
acquired situs on the first day of January, but that acquires	85318
situs during the year, shall attach on the next first day of	85319
January. The lien shall continue until the tax, including any	85320
penalty or interest, is paid.	85321

(3)(a) The situs of a manufactured or mobile home located in	85322
this state on the first day of January is the local taxing	85323
district in which the home is located on that date.	85324

(b) The situs of a manufactured or mobile home not located in	85325
this state on the first day of January, but located in this state	85326
subsequent to that date, is the local taxing district in which the	85327
home is located thirty days after it is acquired or first enters	85328
this state.	85329

(4) The tax is collected by and paid to the county treasurer	85330
of the county containing the taxing district in which the home has	85331
its situs.	85332

(D) The manufactured home tax shall be computed and assessed	85333
by the county auditor of the county containing the taxing district	85334
in which the home has its situs as follows:	85335

(1) On a home that acquired situs in this state prior to	85336
January 1, 2000:	85337

(a) By multiplying the assessable value of the home by the	85338
tax rate of the taxing district in which the home has its situs,	85339
and deducting from the product thus obtained any reduction	85340
authorized under section 4503.065 of the Revised Code. The tax	85341
levied under this formula shall not be less than thirty-six	85342
dollars, unless the home qualifies for a reduction in assessable	85343
value under section 4503.065 of the Revised Code, in which case	85344
there shall be no minimum tax and the tax shall be the amount	85345
calculated under this division.	85346

(b) The assessable value of the home shall be forty per cent	85347
of the amount arrived at by the following computation:	85348

(i) If the cost to the owner, or market value at time of	85349
purchase, whichever is greater, of the home includes the	85350
furnishings and equipment, such cost or market value shall be	85351
multiplied according to the following schedule:	85352

For the first calendar year			85353
in which the			85354
home is owned by the			85355
current owner	x	80%	85356
2nd calendar year	x	75%	85357
3rd "	x	70%	85358
4th "	x	65%	85359
5th "	x	60%	85360
6th "	x	55%	85361
7th "	x	50%	85362
8th "	x	45%	85363
9th "	x	40%	85364
10th and each year thereafter	x	35%	85365

The first calendar year means any period between the first	85366
day of January and the thirty-first day of December of the first	85367
year.	85368

(ii) If the cost to the owner, or market value at the time of	85369
purchase, whichever is greater, of the home does not include the	85370
furnishings and equipment, such cost or market value shall be	85371
multiplied according to the following schedule:	85372

For the first calendar year			85373
in which the			85374
home is owned by the			85375
current owner	x	95%	85376
2nd calendar year	x	90%	85377
3rd "	x	85%	85378
4th "	x	80%	85379
5th "	x	75%	85380
6th "	x	70%	85381
7th "	x	65%	85382
8th "	x	60%	85383
9th "	x	55%	85384
10th and each year thereafter	x	50%	85385

The first calendar year means any period between the first	85386
day of January and the thirty-first day of December of the first	85387
year.	85388

(2) On a home in which ownership was transferred or that	85389
first acquired situs in this state on or after January 1, 2000:	85390

(a) By multiplying the assessable value of the home by the	85391
effective tax rate, as defined in section 323.08 of the Revised	85392
Code, for residential real property of the taxing district in	85393
which the home has its situs, and deducting from the product thus	85394
obtained the reductions required or authorized under section	85395
319.302, division (B) of section 323.152, or section 4503.065 of	85396
the Revised Code.	85397

(b) The assessable value of the home shall be thirty-five per	85398
cent of its true value as determined under division (L) of this	85399
section.	85400

(3) On or before the fifteenth day of January each year, the	85401
county auditor shall record the assessable value and the amount of	85402
tax on the manufactured or mobile home on the tax list and deliver	85403
a duplicate of the list to the county treasurer. In the case of an	85404
emergency as defined in section 323.17 of the Revised Code, the	85405
tax commissioner, by journal entry, may extend the times for	85406
delivery of the duplicate for an additional fifteen days upon	85407
receiving a written application from the county auditor regarding	85408
an extension for the delivery of the duplicate, or from the county	85409
treasurer regarding an extension of the time for the billing and	85410
collection of taxes. The application shall contain a statement	85411
describing the emergency that will cause the unavoidable delay and	85412
must be received by the tax commissioner on or before the last day	85413
of the month preceding the day delivery of the duplicate is	85414
otherwise required. When an extension is granted for delivery of	85415
the duplicate, the time period for payment of taxes shall be	85416
extended for a like period of time. When a delay in the closing of	85417
a tax collection period becomes unavoidable, the tax commissioner,	85418
upon application by the county auditor and county treasurer, may	85419
order the time for payment of taxes to be extended if the tax	85420
commissioner determines that penalties have accrued or would	85421
otherwise accrue for reasons beyond the control of the taxpayers	85422
of the county. The order shall prescribe the final extended date	85423
for payment of taxes for that collection period.	85424

(4) After January 1, 1999, the owner of a manufactured or	85425
mobile home taxed pursuant to division (D)(1) of this section may	85426
elect to have the home taxed pursuant to division (D)(2) of this	85427
section by filing a written request with the county auditor of the	85428
taxing district in which the home is located on or before the	85429
first day of December of any year. Upon the filing of the request,	85430
the county auditor shall determine whether all taxes levied under	85431
division (D)(1) of this section have been paid, and if those taxes	85432
have been paid, the county auditor shall tax the manufactured or	85433
mobile home pursuant to division (D)(2) of this section commencing	85434
in the next tax year.	85435

(5) A manufactured or mobile home that acquired situs in this	85436
state prior to January 1, 2000, shall be taxed pursuant to	85437
division (D)(2) of this section if no manufactured home tax had	85438
been paid for the home and the home was not exempted from taxation	85439
pursuant to division (E) of this section for the year for which	85440
the taxes were not paid.	85441

(6)(a) Immediately upon receipt of any manufactured home tax	85442
duplicate from the county auditor, but not less than twenty days	85443
prior to the last date on which the first one-half taxes may be	85444
paid without penalty as prescribed in division (F) of this	85445
section, the county treasurer shall cause to be prepared and	85446
mailed or delivered to each person charged on that duplicate with	85447
taxes, or to an agent designated by such person, the tax bill	85448
prescribed by the tax commissioner under division (D)(7) of this	85449
section. When taxes are paid by installments, the county treasurer	85450
shall mail or deliver to each person charged on such duplicate or	85451
the agent designated by that person a second tax bill showing the	85452
amount due at the time of the second tax collection. The second	85453
half tax bill shall be mailed or delivered at least twenty days	85454
prior to the close of the second half tax collection period. A	85455
change in the mailing address of any tax bill shall be made in	85456
writing to the county treasurer. Failure to receive a bill	85457
required by this section does not excuse failure or delay to pay	85458
any taxes shown on the bill or, except as provided in division	85459
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,	85460
interest, or charge for such delay.	85461

(b) After delivery of the copy of the delinquent manufactured	85462
home tax list under division (H) of this section, the county	85463
treasurer may prepare and mail to each person in whose name a home	85464
is listed an additional tax bill showing the total amount of	85465
delinquent taxes charged against the home as shown on the list.	85466
The tax bill shall include a notice that the interest charge	85467
prescribed by division (G) of this section has begun to accrue.	85468

(7) Each tax bill prepared and mailed or delivered under	85469
division (D)(6) of this section shall be in the form and contain	85470
the information required by the tax commissioner. The commissioner	85471
may prescribe different forms for each county and may authorize	85472
the county auditor to make up tax bills and tax receipts to be	85473
used by the county treasurer. The tax bill shall not contain or be	85474
mailed or delivered with any information or material that is not	85475
required by this section or that is not authorized by section	85476
321.45 of the Revised Code or by the tax commissioner. In addition	85477
to the information required by the commissioner, each tax bill	85478
shall contain the following information:	85479

(a) The taxes levied and the taxes charged and payable	85480
against the manufactured or mobile home;	85481

(b) The following notice: "Notice: If the taxes are not paid	85482
within sixty days after the county auditor delivers the delinquent	85483
manufactured home tax list to the county treasurer, you and your	85484
home may be subject to collection proceedings for tax	85485
delinquency." Failure to provide such notice has no effect upon	85486
the validity of any tax judgment to which a home may be subjected.	85487

(c) In the case of manufactured or mobile homes taxed under	85488
division (D)(2) of this section, the following additional	85489
information:	85490

(i) The effective tax rate. The words "effective tax rate"	85491
shall appear in boldface type.	85492

(ii) The following notice: "Notice: If the taxes charged	85493
against this home have been reduced by the 2-1/2 per cent tax	85494
reduction for residences occupied by the owner but the home is not	85495
a residence occupied by the owner, the owner must notify the	85496
county auditor's office not later than March 31 of the year for	85497
which the taxes are due. Failure to do so may result in the owner	85498
being convicted of a fourth degree misdemeanor, which is	85499
punishable by imprisonment up to 30 days, a fine up to $250, or	85500
both, and in the owner having to repay the amount by which the	85501
taxes were erroneously or illegally reduced, plus any interest	85502
that may apply.	85503

If the taxes charged against this home have not been reduced	85504
by the 2-1/2 per cent tax reduction and the home is a residence	85505
occupied by the owner, the home may qualify for the tax reduction.	85506
To obtain an application for the tax reduction or further	85507
information, the owner may contact the county auditor's office at	85508
.......... (insert the address and telephone number of the county	85509
auditor's office)."	85510

(E)(1) A manufactured or mobile home is not subject to this	85511
section when any of the following applies:	85512

(a) It is taxable as personal property pursuant to section	85513
5709.01 of the Revised Code. Any manufactured or mobile home that	85514
is used as a residence shall be subject to this section and shall	85515
not be taxable as personal property pursuant to section 5709.01 of	85516
the Revised Code.	85517

(b) It bears a license plate issued by any state other than	85518
this state unless the home is in this state in excess of an	85519
accumulative period of thirty days in any calendar year.	85520

(c) The annual tax has been paid on the home in this state	85521
for the current year.	85522

(d) The tax commissioner has determined, pursuant to section	85523
5715.27 of the Revised Code, that the property is exempt from	85524
taxation, or would be exempt from taxation under Chapter 5709. of	85525
the Revised Code if it were classified as real property.	85526

(2) A travel trailer or park trailer, as these terms are	85527
defined in section 4501.01 of the Revised Code, is not subject to	85528
this section if it is unused or unoccupied and stored at the	85529
owner's normal place of residence or at a recognized storage	85530
facility.	85531

(3) A travel trailer or park trailer, as these terms are	85532
defined in section 4501.01 of the Revised Code, is subject to this	85533
section and shall be taxed as a manufactured or mobile home if it	85534
has a situs longer than thirty days in one location and is	85535
connected to existing utilities, unless either of the following	85536
applies:	85537

(a) The situs is in a state facility or a camping or park	85538
area as defined in division (C), (Q), (S), or (V) of section	85539
3729.01 of the Revised Code.	85540

(b) The situs is in a camping or park area that is a tract of	85541
land that has been limited to recreational use by deed or zoning	85542
restrictions and subdivided for sale of five or more individual	85543
lots for the express or implied purpose of occupancy by either	85544
self-contained recreational vehicles as defined in division (T) of	85545
section 3729.01 of the Revised Code or by dependent recreational	85546
vehicles as defined in division (D) of section 3729.01 of the	85547
Revised Code.	85548

(F) Except as provided in division (D)(3) of this section,	85549
the manufactured home tax is due and payable as follows:	85550

(1) When a manufactured or mobile home has a situs in this	85551
state, as provided in this section, on the first day of January,	85552
one-half of the amount of the tax is due and payable on or before	85553
the first day of March and the balance is due and payable on or	85554
before the thirty-first day of July. At the option of the owner of	85555
the home, the tax for the entire year may be paid in full on the	85556
first day of March.	85557

(2) When a manufactured or mobile home first acquires a situs	85558
in this state after the first day of January, no tax is due and	85559
payable for that year.	85560

(G)(1)(a) Except as otherwise provided in division (G)(1)(b)	85561
of this section, if one-half of the current taxes charged under	85562
this section against a manufactured or mobile home, together with	85563
the full amount of any delinquent taxes, are not paid on or before	85564
the first day of March in that year, or on or before the last day	85565
for such payment as extended pursuant to section 4503.063 of the	85566
Revised Code, a penalty of ten per cent shall be charged against	85567
the unpaid balance of such half of the current taxes. If the total	85568
amount of all such taxes is not paid on or before the thirty-first	85569
day of July, next thereafter, or on or before the last day for	85570
payment as extended pursuant to section 4503.063 of the Revised	85571
Code, a like penalty shall be charged on the balance of the total	85572
amount of the unpaid current taxes.	85573

(b) After a valid delinquent tax contract that includes	85574
unpaid current taxes from a first-half collection period described	85575
in division (F) of this section has been entered into under	85576
section 323.31 of the Revised Code, no ten per cent penalty shall	85577
be charged against such taxes after the second-half collection	85578
period while the delinquent tax contract remains in effect. On the	85579
day a delinquent tax contract becomes void, the ten per cent	85580
penalty shall be charged against such taxes and shall equal the	85581
amount of penalty that would have been charged against unpaid	85582
current taxes outstanding on the date on which the second-half	85583
penalty would have been charged thereon under division (G)(1)(a)	85584
of this section if the contract had not been in effect.	85585

(2)(a) On the first day of the month following the last day	85586
the second installment of taxes may be paid without penalty	85587
beginning in 2000, interest shall be charged against and computed	85588
on all delinquent taxes other than the current taxes that became	85589
delinquent taxes at the close of the last day such second	85590
installment could be paid without penalty. The charge shall be for	85591
interest that accrued during the period that began on the	85592
preceding first day of December and ended on the last day of the	85593
month that included the last date such second installment could be	85594
paid without penalty. The interest shall be computed at the rate	85595
per annum prescribed by section 5703.47 of the Revised Code and	85596
shall be entered as a separate item on the delinquent manufactured	85597
home tax list compiled under division (H) of this section.	85598

(b) On the first day of December beginning in 2000, the	85599
interest shall be charged against and computed on all delinquent	85600
taxes. The charge shall be for interest that accrued during the	85601
period that began on the first day of the month following the last	85602
date prescribed for the payment of the second installment of taxes	85603
in the current year and ended on the immediately preceding last	85604
day of November. The interest shall be computed at the rate per	85605
annum prescribed by section 5703.47 of the Revised Code and shall	85606
be entered as a separate item on the delinquent manufactured home	85607
tax list.	85608

(c) After a valid undertaking has been entered into for the	85609
payment of any delinquent taxes, no interest shall be charged	85610
against such delinquent taxes while the undertaking remains in	85611
effect in compliance with section 323.31 of the Revised Code. If a	85612
valid undertaking becomes void, interest shall be charged against	85613
the delinquent taxes for the periods that interest was not	85614
permitted to be charged while the undertaking was in effect. The	85615
interest shall be charged on the day the undertaking becomes void	85616
and shall equal the amount of interest that would have been	85617
charged against the unpaid delinquent taxes outstanding on the	85618
dates on which interest would have been charged thereon under	85619
divisions (G)(1) and (2) of this section had the undertaking not	85620
been in effect.	85621

(3) If the full amount of the taxes due at either of the	85622
times prescribed by division (F) of this section is paid within	85623
ten days after such time, the county treasurer shall waive the	85624
collection of and the county auditor shall remit one-half of the	85625
penalty provided for in this division for failure to make that	85626
payment by the prescribed time.	85627

(4) The treasurer shall compile and deliver to the county	85628
auditor a list of all tax payments the treasurer has received as	85629
provided in division (G)(3) of this section. The list shall	85630
include any information required by the auditor for the remission	85631
of the penalties waived by the treasurer. The taxes so collected	85632
shall be included in the settlement next succeeding the settlement	85633
then in process.	85634

(H)(1) ~~Beginning in 2000, the~~The county auditor shall	85635
compile annually a "delinquent manufactured home tax list"	85636
consisting of homes the county treasurer's records indicate have	85637
taxes that were not paid within the time prescribed by divisions	85638
(D)(3) and (F) of this section, have taxes that remain unpaid from	85639
prior years, or have unpaid tax penalties or interest that have	85640
been assessed.	85641

(2) Within thirty days after the settlement under division	85642
(H)(2) of section 321.24 of the Revised Code ~~beginning in 2000~~,	85643
the county auditor shall deliver a copy of the delinquent	85644
manufactured home tax list to the county treasurer. The auditor	85645
shall update and publish the delinquent manufactured home tax list	85646
annually in the same manner as delinquent real property tax lists	85647
are published. The county auditor ~~shall~~may apportion the cost of	85648
publishing the list among taxing districts in proportion to the	85649
amount of delinquent manufactured home taxes so published that	85650
each taxing district is entitled to receive upon collection of	85651
those taxes, or the county auditor may charge the owner of a home	85652
on the list a flat fee established under section 319.54 of the	85653
Revised Code for the cost of publishing the list and, if the fee	85654
is not paid, may place the fee upon the delinquent manufactured	85655
home tax list as a lien on the listed home, to be collected as	85656
other manufactured home taxes.	85657

(3) When taxes, penalties, or interest are charged against a	85658
person on the delinquent manufactured home tax list and are not	85659
paid within sixty days after the list is delivered to the county	85660
treasurer, the county treasurer shall, in addition to any other	85661
remedy provided by law for the collection of taxes, penalties, and	85662
interest, enforce collection of such taxes, penalties, and	85663
interest by civil action in the name of the treasurer against the	85664
owner for the recovery of the unpaid taxes following the	85665
procedures for the recovery of delinquent real property taxes in	85666
sections 323.25 to 323.28 of the Revised Code. The action may be	85667
brought in municipal or county court, provided the amount charged	85668
does not exceed the monetary limitations for original jurisdiction	85669
for civil actions in those courts.	85670

It is sufficient, having made proper parties to the suit, for	85671
the county treasurer to allege in the treasurer's bill of	85672
particulars or petition that the taxes stand chargeable on the	85673
books of the county treasurer against such person, that they are	85674
due and unpaid, and that such person is indebted in the amount of	85675
taxes appearing to be due the county. The treasurer need not set	85676
forth any other matter relating thereto. If it is found on the	85677
trial of the action that the person is indebted to the state,	85678
judgment shall be rendered in favor of the county treasurer	85679
prosecuting the action. The judgment debtor is not entitled to the	85680
benefit of any law for stay of execution or exemption of property	85681
from levy or sale on execution in the enforcement of the judgment.	85682

Upon the filing of an entry of confirmation of sale or an	85683
order of forfeiture in a proceeding brought under this division,	85684
title to the manufactured or mobile home shall be in the	85685
purchaser. The clerk of courts shall issue a certificate of title	85686
to the purchaser upon presentation of proof of filing of the entry	85687
of confirmation or order and, in the case of a forfeiture,	85688
presentation of the county auditor's certificate of sale.	85689

(I) The total amount of taxes collected shall be distributed	85690
in the following manner: four per cent shall be allowed as	85691
compensation to the county auditor for the county auditor's	85692
service in assessing the taxes; two per cent shall be allowed as	85693
compensation to the county treasurer for the services the county	85694
treasurer renders as a result of the tax levied by this section.	85695
Such amounts shall be paid into the county treasury, to the credit	85696
of the county general revenue fund, on the warrant of the county	85697
auditor. Fees to be paid to the credit of the real estate	85698
assessment fund shall be collected pursuant to division (C) of	85699
section 319.54 of the Revised Code and paid into the county	85700
treasury, on the warrant of the county auditor. The balance of the	85701
taxes collected shall be distributed among the taxing subdivisions	85702
of the county in which the taxes are collected and paid in the	85703
same ratio as those taxes were collected for the benefit of the	85704
taxing subdivision. The taxes levied and revenues collected under	85705
this section shall be in lieu of any general property tax and any	85706
tax levied with respect to the privilege of using or occupying a	85707
manufactured or mobile home in this state except as provided in	85708
sections 4503.04 and 5741.02 of the Revised Code.	85709

(J) An agreement to purchase or a bill of sale for a	85710
manufactured home shall show whether or not the furnishings and	85711
equipment are included in the purchase price.	85712

(K) If the county treasurer and the county prosecuting	85713
attorney agree that an item charged on the delinquent manufactured	85714
home tax list is uncollectible, they shall certify that	85715
determination and the reasons to the county board of revision. If	85716
the board determines the amount is uncollectible, it shall certify	85717
its determination to the county auditor, who shall strike the item	85718
from the list.	85719

(L)(1) The county auditor shall appraise at its true value	85720
any manufactured or mobile home in which ownership is transferred	85721
or which first acquires situs in this state on or after January 1,	85722
2000, and any manufactured or mobile home the owner of which has	85723
elected, under division (D)(4) of this section, to have the home	85724
taxed under division (D)(2) of this section. The true value shall	85725
include the value of the home, any additions, and any fixtures,	85726
but not any furnishings in the home. In determining the true value	85727
of a manufactured or mobile home, the auditor shall consider all	85728
facts and circumstances relating to the value of the home,	85729
including its age, its capacity to function as a residence, any	85730
obsolete characteristics, and other factors that may tend to prove	85731
its true value.	85732

(2)(a) If a manufactured or mobile home has been the subject	85733
of an arm's length sale between a willing seller and a willing	85734
buyer within a reasonable length of time prior to the	85735
determination of true value, the county auditor shall consider the	85736
sale price of the home to be the true value for taxation purposes.	85737

(b) The sale price in an arm's length transaction between a	85738
willing seller and a willing buyer shall not be considered the	85739
true value of the home if either of the following occurred after	85740
the sale:	85741

(i) The home has lost value due to a casualty.

85742

(ii) An addition or fixture has been added to the home.

85743

(3) The county auditor shall have each home viewed and	85744
appraised at least once in each six-year period in the same year	85745
in which real property in the county is appraised pursuant to	85746
Chapter 5713. of the Revised Code, and shall update the appraised	85747
values in the third calendar year following the appraisal. The	85748
person viewing or appraising a home may enter the home to	85749
determine by actual view any additions or fixtures that have been	85750
added since the last appraisal. In conducting the appraisals and	85751
establishing the true value, the auditor shall follow the	85752
procedures set forth for appraising real property in sections	85753
5713.01 and 5713.03 of the Revised Code.	85754

(4) The county auditor shall place the true value of each	85755
home on the manufactured home tax list upon completion of an	85756
appraisal.	85757

(5)(a) If the county auditor changes the true value of a	85758
home, the auditor shall notify the owner of the home in writing,	85759
delivered by mail or in person. The notice shall be given at least	85760
thirty days prior to the issuance of any tax bill that reflects	85761
the change. Failure to receive the notice does not invalidate any	85762
proceeding under this section.	85763

(b) Any owner of a home or any other person or party listed	85764
in division (A)(1) of section 5715.19 of the Revised Code may file	85765
a complaint against the true value of the home as appraised under	85766
this section. The complaint shall be filed with the county auditor	85767
on or before the thirty-first day of March of the current tax year	85768
or the date of closing of the collection for the first half of	85769
manufactured home taxes for the current tax year, whichever is	85770
later. The auditor shall present to the county board of revision	85771
all complaints filed with the auditor under this section. The	85772
board shall hear and investigate the complaint and may take action	85773
on it as provided under sections 5715.11 to 5715.19 of the Revised	85774
Code.	85775

(c) If the county board of revision determines, pursuant to a	85776
complaint against the valuation of a manufactured or mobile home	85777
filed under this section, that the amount of taxes, assessments,	85778
or other charges paid was in excess of the amount due based on the	85779
valuation as finally determined, then the overpayment shall be	85780
refunded in the manner prescribed in section 5715.22 of the	85781
Revised Code.	85782

(d) Payment of all or part of a tax under this section for	85783
any year for which a complaint is pending before the county board	85784
of revision does not abate the complaint or in any way affect the	85785
hearing and determination thereof.	85786

(M) If the county auditor determines that any tax or other	85787
charge or any part thereof has been erroneously charged as a	85788
result of a clerical error as defined in section 319.35 of the	85789
Revised Code, the county auditor shall call the attention of the	85790
county board of revision to the erroneous charges. If the board	85791
finds that the taxes or other charges have been erroneously	85792
charged or collected, it shall certify the finding to the auditor.	85793
Upon receipt of the certification, the auditor shall remove the	85794
erroneous charges on the manufactured home tax list or delinquent	85795
manufactured home tax list in the same manner as is prescribed in	85796
section 319.35 of the Revised Code for erroneous charges against	85797
real property, and refund any erroneous charges that have been	85798
collected, with interest, in the same manner as is prescribed in	85799
section 319.36 of the Revised Code for erroneous charges against	85800
real property.	85801

(N) As used in this section and section 4503.061 of the	85802
Revised Code:	85803

(1) "Manufactured home taxes" includes taxes, penalties, and	85804
interest charged under division (C) or (G) of this section and any	85805
penalties charged under division (G) or (H)(5) of section 4503.061	85806
of the Revised Code.	85807

(2) "Current taxes" means all manufactured home taxes charged	85808
against a manufactured or mobile home that have not appeared on	85809
the manufactured home tax list for any prior year. Current taxes	85810
become delinquent taxes if they remain unpaid after the last day	85811
prescribed for payment of the second installment of current taxes	85812
without penalty, whether or not they have been certified	85813
delinquent.	85814

(3) "Delinquent taxes" means:

85815

(a) Any manufactured home taxes that were charged against a	85816
manufactured or mobile home for a prior year, including any	85817
penalties or interest charged for a prior year and the costs of	85818
publication under division (H)(2) of this section, and that remain	85819
unpaid;	85820

(b) Any current manufactured home taxes charged against a	85821
manufactured or mobile home that remain unpaid after the last day	85822
prescribed for payment of the second installment of current taxes	85823
without penalty, whether or not they have been certified	85824
delinquent, including any penalties or interest and the costs of	85825
publication under division (H)(2) of this section.	85826

Sec. 4503.061. (A) All manufactured and mobile homes shall	85827
be listed on either the real property tax list or the manufactured	85828
home tax list of the county in which the home has situs. Each	85829
owner shall follow the procedures in this section to identify the	85830
home to the county auditor of the county containing the taxing	85831
district in which the home has situs so that the auditor may place	85832
the home on the appropriate tax list.	85833

(B) When a manufactured or mobile home first acquires situs	85834
in this state and is subject to real property taxation pursuant to	85835
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	85836
owner shall present to the auditor of the county containing the	85837
taxing district in which the home has its situs the certificate of	85838
title for the home, together with proof that all taxes due have	85839
been paid and proof that a relocation notice was obtained for the	85840
home if required under this section. Upon receiving the	85841
certificate of title and the required proofs, the auditor shall	85842
place the home on the real property tax list and proceed to treat	85843
the home as other properties on that list. After the auditor has	85844
placed the home on the tax list of real and public utility	85845
property, the auditor shall deliver the certificate of title to	85846
the clerk of the court of common pleas that issued it pursuant to	85847
section 4505.11 of the Revised Code, and the clerk shall	85848
inactivate the certificate of title.	85849

(C)(1) When a manufactured or mobile home subject to a	85850
manufactured home tax is relocated to or first acquires situs in	85851
any county that has adopted a permanent manufactured home	85852
registration system, as provided in division (F) of this section,	85853
the owner, within thirty days after the home is relocated or first	85854
acquires situs under section 4503.06 of the Revised Code, shall	85855
register the home with the county auditor of the county containing	85856
the taxing district in which the home has its situs. For the first	85857
registration in each county of situs, the owner or vendee in	85858
possession shall present to the county auditor an Ohio certificate	85859
of title, certified copy of the certificate of title, or	85860
memorandum certificate of title as such are required by law, and	85861
proof, as required by the county auditor, that the home, if it has	85862
previously been occupied and is being relocated, has been	85863
previously registered, that all taxes due and required to be paid	85864
under division (H)(1) of this section before a relocation notice	85865
may be issued have been paid, and that a relocation notice was	85866
obtained for the home if required by division (H) of this section.	85867
If the owner or vendee does not possess the Ohio certificate of	85868
title, certified copy of the certificate of title, or memorandum	85869
certificate of title at the time the owner or vendee first	85870
registers the home in a county, the county auditor shall register	85871
the home without presentation of the document, but the owner or	85872
vendee shall present the certificate of title, certified copy of	85873
the certificate of title, or memorandum certificate of title to	85874
the county auditor within fourteen days after the owner or vendee	85875
obtains possession of the document.	85876

(2) When a manufactured or mobile home is registered for the	85877
first time in a county and when the total tax due has been paid as	85878
required by division (F) of section 4503.06 of the Revised Code or	85879
divisions (E) and (H) of this section, the county treasurer shall	85880
note by writing or by a stamp on the certificate of title,	85881
certified copy of certificate of title, or memorandum certificate	85882
of title that the home has been registered and that the taxes due,	85883
if any, have been paid for the preceding five years and for the	85884
current year. The treasurer shall then issue a certificate	85885
evidencing registration and a decal to be displayed on the street	85886
side of the home. The certificate is valid in any county in this	85887
state during the year for which it is issued.	85888

(3) For each year thereafter, the county treasurer shall	85889
issue a tax bill stating the amount of tax due under section	85890
4503.06 of the Revised Code, as provided in division (D)(6) of	85891
that section. When the total tax due has been paid as required by	85892
division (F) of that section, the county treasurer shall issue a	85893
certificate evidencing registration that shall be valid in any	85894
county in this state during the year for which the certificate is	85895
issued.	85896

(4) The permanent decal issued under this division is valid	85897
during the period of ownership, except that when a manufactured	85898
home is relocated in another county the owner shall apply for a	85899
new registration as required by this section and section 4503.06	85900
of the Revised Code.	85901

(D)(1) All owners of manufactured or mobile homes subject to	85902
the manufactured home tax being relocated to or having situs in a	85903
county that has not adopted a permanent registration system, as	85904
provided in division (F) of this section, shall register the home	85905
within thirty days after the home is relocated or first acquires	85906
situs under section 4503.06 of the Revised Code and thereafter	85907
shall annually register the home with the county auditor of the	85908
county containing the taxing district in which the home has its	85909
situs.	85910

(2) Upon the annual registration, the county treasurer shall	85911
issue a tax bill stating the amount of annual manufactured home	85912
tax due under section 4503.06 of the Revised Code, as provided in	85913
division (D)(6) of that section. When a manufactured or mobile	85914
home is registered and when the tax for the current one-half year	85915
has been paid as required by division (F) of that section, the	85916
county treasurer shall issue a certificate evidencing registration	85917
and a decal. The certificate and decal are valid in any county in	85918
this state during the year for which they are issued. The decal	85919
shall be displayed on the street side of the home.	85920

(3) For the first annual registration in each county of	85921
situs, the county auditor shall require the owner or vendee to	85922
present an Ohio certificate of title, certified copy of the	85923
certificate of title, or memorandum certificate of title as such	85924
are required by law, and proof, as required by the county auditor,	85925
that the manufactured or mobile home has been previously	85926
registered, if such registration was required, that all taxes due	85927
and required to be paid under division (H)(1) of this section	85928
before a relocation notice may be issued have been paid, and that	85929
a relocation notice was obtained for the home if required by	85930
division (H) of this section. If the owner or vendee does not	85931
possess the Ohio certificate of title, certified copy of the	85932
certificate of title, or memorandum certificate of title at the	85933
time the owner or vendee first registers the home in a county, the	85934
county auditor shall register the home without presentation of the	85935
document, but the owner or vendee shall present the certificate of	85936
title, certified copy of the certificate of title, or memorandum	85937
certificate of title to the county auditor within fourteen days	85938
after the owner or vendee obtains possession of the document. When	85939
the county treasurer receives the tax payment, the county	85940
treasurer shall note by writing or by a stamp on the certificate	85941
of title, certified copy of the certificate of title, or	85942
memorandum certificate of title that the home has been registered	85943
for the current year and that the manufactured home taxes due, if	85944
any, have been paid for the preceding five years and for the	85945
current year.	85946

(4) For subsequent annual registrations, the auditor may	85947
require the owner or vendee in possession to present an Ohio	85948
certificate of title, certified copy of the certificate of title,	85949
or memorandum certificate of title to the county treasurer upon	85950
payment of the manufactured home tax that is due.	85951

(E)(1) Upon the application to transfer ownership of a	85952
manufactured or mobile home for which manufactured home taxes are	85953
paid pursuant to division (C) of section 4503.06 of the Revised	85954
Code the clerk of the court of common pleas shall not issue any	85955
certificate of title that does not contain or have attached both	85956
of the following:	85957

(a) An endorsement of the county treasurer stating that the	85958
home has been registered for each year of ownership and that all	85959
manufactured home taxes imposed pursuant to section 4503.06 of the	85960
Revised Code have been paid or that no tax is due;	85961

(b) An endorsement of the county auditor that the	85962
manufactured home transfer tax imposed pursuant to section 322.06	85963
of the Revised Code and any fees imposed under division (G) of	85964
section 319.54 of the Revised Code have been paid.	85965

(2) If all the taxes have not been paid, the clerk shall	85966
notify the vendee to contact the county treasurer of the county	85967
containing the taxing district in which the home has its situs at	85968
the time of the proposed transfer. The county treasurer shall then	85969
collect all the taxes that are due for the year of the transfer	85970
and all previous years not exceeding a total of five years. The	85971
county treasurer shall distribute that part of the collection owed	85972
to the county treasurer of other counties if the home had its	85973
situs in another county during a particular year when the unpaid	85974
tax became due and payable. The burden to prove the situs of the	85975
home in the years that the taxes were not paid is on the	85976
transferor of the home. Upon payment of the taxes, the county	85977
auditor shall remove all remaining taxes from the manufactured	85978
home tax list and the delinquent manufactured home tax list, and	85979
the county treasurer shall release all liens for such taxes. The	85980
clerk of courts shall issue a certificate of title, free and clear	85981
of all liens for manufactured home taxes, to the transferee of the	85982
home.	85983

(3) Once the transfer is complete and the certificate of	85984
title has been issued, the transferee shall register the	85985
manufactured or mobile home pursuant to division (C) or (D) of	85986
this section with the county auditor of the county containing the	85987
taxing district in which the home remains after the transfer or,	85988
if the home is relocated to another county, with the county	85989
auditor of the county to which the home is relocated. The	85990
transferee need not pay the annual tax for the year of acquisition	85991
if the original owner has already paid the annual tax for that	85992
year.	85993

(F) The county auditor may adopt a permanent registration	85994
system and issue a permanent decal with the first registration as	85995
prescribed by the tax commissioner.	85996

(G) When any manufactured or mobile home required to be	85997
registered by this section is not registered, the county auditor	85998
shall impose a penalty of one hundred dollars upon the owner and	85999
deposit the amount to the credit of the county real estate	86000
assessment fund to be used to pay the costs of administering this	86001
section and section 4503.06 of the Revised Code. If unpaid, the	86002
penalty shall constitute a lien on the home and shall be added by	86003
the county auditor to the manufactured home tax list for	86004
collection.	86005

(H)(1) Except as otherwise provided in this division, before	86006
moving a manufactured or mobile home on public roads from one	86007
address within this state to another address within or outside	86008
this state, the owner of the home shall obtain a relocation	86009
notice, as provided by this section, from the auditor of the	86010
county in which the home is located if the home is currently	86011
subject to taxation pursuant to section 4503.06 of the Revised	86012
Code. The auditor shall charge five dollars for the notice, and	86013
deposit the amount to the credit of the county real estate	86014
assessment fund to be used to pay the costs of administering this	86015
section and section 4503.06 of the Revised Code. The auditor shall	86016
not issue a relocation notice unless all taxes owed on the home	86017
under section 4503.06 of the Revised Code that were first charged	86018
to the home during the period of ownership of the owner seeking	86019
the relocation notice have been paid. If the home is being moved	86020
by a new owner of the home or by a party taking repossession of	86021
the home, the auditor shall not issue a relocation notice unless	86022
all of the taxes due for the preceding five years and for the	86023
current year have been paid. A relocation notice issued by a	86024
county auditor is valid until the last day of December of the year	86025
in which it was issued.	86026

If the home is being moved by a sheriff, police officer,	86027
constable, bailiff, or manufactured home park operator, as defined	86028
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	86029
any of these persons, for purposes of removal from a manufactured	86030
home park and storage, sale, or destruction under section 1923.14	86031
of the Revised Code, the auditor shall issue a relocation notice	86032
without requiring payment of any taxes owed on the home under	86033
section 4503.06 of the Revised Code.	86034

(2) If a manufactured or mobile home is not yet subject to	86035
taxation under section 4503.06 of the Revised Code, the owner of	86036
the home shall obtain a relocation notice from the dealer of the	86037
home. Within thirty days after the manufactured or mobile home is	86038
purchased, the dealer of the home shall provide the auditor of the	86039
county in which the home is to be located written notice of the	86040
name of the purchaser of the home, the registration number or	86041
vehicle identification number of the home, and the address or	86042
location to which the home is to be moved. The county auditor	86043
shall provide to each manufactured and mobile home dealer, without	86044
charge, a supply of relocation notices to be distributed to	86045
purchasers pursuant to this section.	86046

(3) The notice shall be in the form of a one-foot square	86047
yellow sign with the words "manufactured home relocation notice"	86048
printed prominently on it. The name of the owner of the home, the	86049
home's registration number or vehicle identification number, the	86050
county and the address or location to which the home is being	86051
moved, and the county in which the notice is issued shall also be	86052
entered on the notice.	86053

(4) The relocation notice must be attached to the rear of the	86054
home when the home is being moved on a public road. Except as	86055
provided in divisions (H)(1) and (5) of this section, no person	86056
shall drive a motor vehicle moving a manufactured or mobile home	86057
on a public road from one address to another address within this	86058
state unless a relocation notice is attached to the rear of the	86059
home.	86060

(5) If the county auditor determines that a manufactured or	86061
mobile home has been moved without a relocation notice as required	86062
under this division, the auditor shall impose a penalty of one	86063
hundred dollars upon the owner of the home and upon the person who	86064
moved the home and deposit the amount to the credit of the county	86065
real estate assessment fund to pay the costs of administering this	86066
section and section 4503.06 of the Revised Code. If the home was	86067
relocated from one county in this state to another county in this	86068
state and the county auditor of the county to which the home was	86069
relocated imposes the penalty, that county auditor, upon	86070
collection of the penalty, shall cause an amount equal to the	86071
penalty to be transmitted from the county real estate assessment	86072
fund to the county auditor of the county from which the home was	86073
relocated, who shall deposit the amount to the credit of the	86074
county real estate assessment fund. If the penalty on the owner is	86075
unpaid, the penalty shall constitute a lien on the home and the	86076
auditor shall add the penalty to the manufactured home tax list	86077
for collection. If the county auditor determines that a dealer	86078
that has sold a manufactured or mobile home has failed to timely	86079
provide the information required under this division, the auditor	86080
shall impose a penalty upon the dealer in the amount of one	86081
hundred dollars. The penalty shall be credited to the county real	86082
estate assessment fund and used to pay the costs of administering	86083
this section and section 4503.06 of the Revised Code.	86084

(I) Whoever violates division (H)(4) of this section is	86085
guilty of a minor misdemeanor.	86086

Sec. 4503.062. (A) Every operator of a manufactured home	86087
court, or manufactured home park, as defined in section ~~3733.01~~	86088
4781.01 of the Revised Code, or when there is no operator, every	86089
owner of property used for such purposes on which three or more	86090
manufactured or mobile homes are located, shall keep a register of	86091
all manufactured and mobile homes that make use of the court,	86092
park, or property. The register shall contain all of the	86093
following:	86094

(1) The name of the owner and all inhabitants of each home;

86095

(2) The ages of all inhabitants of each home;

86096

(3) The permanent and temporary post office addresses of all	86097
inhabitants of each home;	86098

(4) The license number of each home;

86099

(5) The state issuing each such license;

86100

(6) The date of arrival and of departure of each home;

86101

(7) The make and model of each home, if known and if either	86102
of the following applies:	86103

(a) The home enters the court, park, or property on or after	86104
January 1, 2003.	86105

(b) Ownership of the home in the court or park, or on the	86106
property, is transferred on or after January 1, 2003.	86107

(B) The register shall be open to inspection by the county	86108
auditor, the county treasurer, agents of the auditor or treasurer,	86109
and all law enforcement agencies at all times.	86110

(C) Any person who fails to comply with this section shall be	86111
fined not less than twenty-five nor more than one hundred dollars.	86112

Sec. 4503.235. (A) If division (G) of section 4511.19 or	86113
division ~~(B)~~(C) of section 4511.193 of the Revised Code requires a	86114
court, as part of the sentence of an offender who is convicted of	86115
or pleads guilty to a violation of division (A) of section 4511.19	86116
of the Revised Code or as a sanction for an offender who is	86117
convicted of or pleaded guilty to a violation of a municipal OVI	86118
ordinance, to order the immobilization of a vehicle for a	86119
specified period of time, notwithstanding the requirement, the	86120
court in its discretion may determine not to order the	86121
immobilization of the vehicle if both of the following apply:	86122

(1) Prior to the issuance of the order of immobilization, a	86123
family or household member of the offender files a motion with the	86124
court identifying the vehicle and requesting that the	86125
immobilization order not be issued on the ground that the family	86126
or household member is completely dependent on the vehicle for the	86127
necessities of life and that the immobilization of the vehicle	86128
would be an undue hardship to the family or household member.	86129

(2) The court determines that the family or household member	86130
who files the motion is completely dependent on the vehicle for	86131
the necessities of life and that the immobilization of the vehicle	86132
would be an undue hardship to the family or household member.	86133

(B) If a court pursuant to division (A) of this section	86134
determines not to order the immobilization of a vehicle that	86135
otherwise would be required pursuant to division (G) of section	86136
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised	86137
Code, the court shall issue an order that waives the	86138
immobilization that otherwise would be required pursuant to either	86139
of those divisions. The immobilization waiver order shall be in	86140
effect for the period of time for which the immobilization of the	86141
vehicle otherwise would have been required under division (G) of	86142
section 4511.19 or division ~~(B)~~(C) of section 4511.193 of the	86143
Revised Code if the immobilization waiver order had not been	86144
issued, subject to division (D) of this section. The	86145
immobilization waiver order shall specify the period of time for	86146
which it is in effect. The court shall provide a copy of an	86147
immobilization waiver order to the offender and to the family or	86148
household member of the offender who filed the motion requesting	86149
that the immobilization order not be issued and shall place a copy	86150
of the immobilization waiver order in the record in the case. The	86151
court shall impose an immobilization waiver fee in the amount of	86152
fifty dollars. The court shall determine whether the fee is to be	86153
paid by the offender or by the family or household member. The	86154
clerk of the court shall deposit all of the fees collected during	86155
a month on or before the twenty-third day of the following month	86156
into the county or municipal indigent drivers alcohol treatment	86157
fund under the control of that court, as created by the county or	86158
municipal corporation under division (F) of section 4511.191 of	86159
the Revised Code.	86160

(C) If a court pursuant to division (B) of this section	86161
issues an immobilization waiver order, the order shall identify	86162
the family or household member who requested the order and the	86163
vehicle to which the order applies, shall identify the family or	86164
household members who are permitted to operate the vehicle, and	86165
shall identify the offender and specify that the offender is not	86166
permitted to operate the vehicle. The immobilization waiver order	86167
shall require that the family or household member display on the	86168
vehicle to which the order applies restricted license plates that	86169
are issued under section 4503.231 of the Revised Code for the	86170
entire period for which the immobilization of the vehicle	86171
otherwise would have been required under division (G) of section	86172
4511.19 or division ~~(B)~~(C) of section 4511.193 of the Revised Code	86173
if the immobilization waiver order had not been issued.	86174

(D) A family or household member who is permitted to operate	86175
a vehicle under an immobilization waiver order issued under this	86176
section shall not permit the offender to operate the vehicle. If a	86177
family or household member who is permitted to operate a vehicle	86178
under an immobilization waiver order issued under this section	86179
permits the offender to operate the vehicle, both of the following	86180
apply:	86181

(1) The court that issued the immobilization waiver order	86182
shall terminate that order and shall issue an immobilization order	86183
in accordance with section 4503.233 of the Revised Code that	86184
applies to the vehicle, and the immobilization order shall be in	86185
effect for the remaining period of time for which the	86186
immobilization of the vehicle otherwise would have been required	86187
under division (G) of section 4511.19 or division ~~(B)~~(C) of	86188
section 4511.193 of the Revised Code if the immobilization waiver	86189
order had not been issued.	86190

(2) The conduct of the family or household member in	86191
permitting the offender to operate the vehicle is a violation of	86192
section 4511.203 of the Revised Code.	86193

(E) No offender shall operate a motor vehicle subject to an	86194
immobilization waiver order. Whoever violates this division is	86195
guilty of operating a motor vehicle in violation of an	86196
immobilization waiver, a misdemeanor of the first degree.	86197

(F) "Family or household member" has the same meaning as in	86198
section 2919.25 of the Revised Code, except that the person must	86199
be currently residing with the offender.	86200

Sec. 4503.70. The owner or lessee of any passenger car,	86201
noncommercial motor vehicle, recreational vehicle, or other	86202
vehicle of a class approved by the registrar of motor vehicles who	86203
is a member in good standing of the grand lodge of free and	86204
accepted masons of Ohio may apply to the registrar for the	86205
registration of the vehicle and issuance of freemason license	86206
plates. The application for freemason license plates may be	86207
combined with a request for a special reserved license plate under	86208
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	86209
the completed application, presentation by the applicant of	86210
satisfactory evidence showing that the applicant is a member in	86211
good standing of the grand lodge of free and accepted masons of	86212
Ohio, and compliance by the applicant with this section, the	86213
registrar shall issue to the applicant the appropriate vehicle	86214
registration and a set of freemason license plates with a	86215
validation sticker or a validation sticker alone when required by	86216
section 4503.191 of the Revised Code.	86217

In addition to the letters and numbers ordinarily inscribed	86218
thereon, freemason license plates shall be inscribed with	86219
identifying words and a symbol or logo designed by the grand lodge	86220
of free and accepted masons of Ohio and approved by the registrar.	86221
Freemason license plates shall bear county identification stickers	86222
that identify the county of registration by name or number.	86223

Freemason license plates and validation stickers shall be	86224
issued upon payment of the regular license fee required by section	86225
4503.04 of the Revised Code, payment of any local motor vehicle	86226
license tax levied under Chapter 4504. of the Revised Code,	86227
payment of an additional fee of ten dollars, and compliance with	86228
all other applicable laws relating to the registration of motor	86229
vehicles. If the application for freemason license plates is	86230
combined with a request for a special reserved license plate under	86231
section 4503.40 or 4503.42 of the Revised Code, the license plates	86232
and validation sticker shall be issued upon payment of the fees	86233
and taxes contained in this section and the additional fee	86234
prescribed under section 4503.40 or 4503.42 of the Revised Code.	86235
The additional fee of ten dollars shall be for the purpose of	86236
compensating the bureau of motor vehicles for additional services	86237
required in the issuing of freemason license plates, and shall be	86238
transmitted by the registrar to the treasurer of state for deposit	86239
into the state treasury to the credit of the state bureau of motor	86240
vehicles fund created by section 4501.25 of the Revised Code.	86241

Sec. 4503.93. (A) The owner or lessee of any passenger car,	86242
noncommercial motor vehicle, recreational vehicle, or other	86243
vehicle of a class approved by the registrar of motor vehicles may	86244
apply to the registrar for the registration of the vehicle and	86245
issuance of Ohio "volunteer" license plates. The application for	86246
Ohio "volunteer" license plates may be combined with a request for	86247
a special reserved license plate under section 4503.40 or 4503.42	86248
of the Revised Code. Upon receipt of the completed application and	86249
compliance with divisions (B) and (C) of this section, the	86250
registrar shall issue to the applicant the appropriate vehicle	86251
registration and a set of Ohio "volunteer" license plates with a	86252
validation sticker or a validation sticker alone when required by	86253
section 4503.191 of the Revised Code.	86254

In addition to the letters and numbers ordinarily inscribed	86255
on license plates, Ohio "volunteer" license plates shall be	86256
inscribed with words and markings designed by the Ohio ~~community~~	86257
commission on service ~~council~~and volunteerism created by section	86258
121.40 of the Revised Code and approved by the registrar. Ohio	86259
"volunteer" license plates shall bear county identification	86260
stickers that identify the county of registration by name or	86261
number.	86262

(B) Ohio "volunteer" license plates and a validation sticker,	86263
or a validation sticker alone, shall be issued upon receipt of a	86264
contribution as provided in division (C) of this section and upon	86265
payment of the regular license tax prescribed in section 4503.04	86266
of the Revised Code, any applicable motor vehicle tax levied under	86267
Chapter 4504. of the Revised Code, any applicable additional fee	86268
prescribed by section 4503.40 or 4503.42 of the Revised Code, a	86269
bureau of motor vehicles fee of ten dollars, and compliance with	86270
all other applicable laws relating to the registration of motor	86271
vehicles.	86272

(C)(1) For each application for registration and registration	86273
renewal received under this section, the registrar shall collect a	86274
contribution of fifteen dollars. The registrar shall transmit this	86275
contribution to the treasurer of state for deposit in the Ohio	86276
~~community~~commission on service ~~council~~and volunteerism gifts and	86277
donations fund created by section 121.403 of the Revised Code. The	86278
~~council~~commission shall use all such contributions for the	86279
purposes described in divisions (B)(2) and (3) of that section.	86280

(2) The registrar shall deposit the bureau of motor vehicles	86281
fee of ten dollars specified in division (B) of this section,	86282
which is for the purpose of compensating the bureau for the	86283
additional services required in issuing Ohio "volunteer" license	86284
plates, in the state bureau of motor vehicles fund created in	86285
section 4501.25 of the Revised Code.	86286

Sec. 4504.02. For the purpose of paying the costs of	86287
enforcing and administering the tax provided for in this section;	86288
and for planning, constructing, improving, maintaining, and	86289
repairing public roads, highways, and streets; maintaining and	86290
repairing bridges and viaducts; paying the county's portion of the	86291
costs and expenses of cooperating with the department of	86292
transportation in the planning, improvement, and construction of	86293
state highways; paying the county's portion of the compensation,	86294
damages, cost, and expenses of planning, constructing,	86295
reconstructing, improving, maintaining, and repairing roads;	86296
paying any costs apportioned to the county under section 4907.47	86297
of the Revised Code; paying debt service charges on notes or bonds	86298
of the county issued for such purposes; paying all or part of the	86299
costs and expenses of municipal corporations in planning,	86300
constructing, reconstructing, improving, maintaining, and	86301
repairing highways, roads, and streets designated as necessary or	86302
conducive to the orderly and efficient flow of traffic within and	86303
through the county pursuant to section 4504.03 of the Revised	86304
Code; purchasing, erecting, and maintaining street and traffic	86305
signs and markers; purchasing, erecting, and maintaining traffic	86306
lights and signals; and to supplement revenue already available	86307
for such purposes, any county by resolution adopted by its board	86308
of county commissioners may levy an annual license tax, in	86309
addition to the tax levied by sections 4503.02, 4503.07, and	86310
4503.18 of the Revised Code, upon the operation of motor vehicles	86311
on the public roads or highways. Such tax shall be at the rate of	86312
five dollars per motor vehicle on all motor vehicles the district	86313
of registration of which, as defined in section 4503.10 of the	86314
Revised Code, is located in the county levying the tax and shall	86315
be in addition to the taxes at the rates specified in sections	86316
4503.04 and 4503.16 of the Revised Code, subject to reductions in	86317
the manner provided in section 4503.11 of the Revised Code and the	86318
exemptions provided in sections 4503.16, 4503.17, 4503.171,	86319
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code.	86320

Prior to the adoption of any resolution under this section,	86321
the board of county commissioners shall conduct two public	86322
hearings thereon, the second hearing to be not less than three nor	86323
more than ten days after the first. Notice of the date, time, and	86324
place of such hearings shall be given by publication in a	86325
newspaper of general circulation in the county or as provided in	86326
section 7.16 of the Revised Code, once a week on the same day of	86327
the week for two consecutive weeks, the second publication being	86328
not less than ten nor more than thirty days prior to the first	86329
hearing.	86330

No resolution under this section shall become effective	86331
sooner than thirty days following its adoption, and such	86332
resolution is subject to a referendum as provided in sections	86333
305.31 to 305.41 of the Revised Code, unless such resolution is	86334
adopted as an emergency measure necessary for the immediate	86335
preservation of the public peace, health, or safety, in which case	86336
it shall go into immediate effect. Such emergency measure must	86337
receive an affirmative vote of all of the members of the board of	86338
county commissioners, and shall state the reasons for such	86339
necessity. A resolution may direct the board of elections to	86340
submit the question of levying the tax to the electors of the	86341
county at the next primary or general election in the county	86342
occurring not less than seventy-five days after such resolution is	86343
certified to the board; no such resolution shall go into effect	86344
unless approved by a majority of those voting upon it.	86345

Sec. 4504.021. The question of repeal of a county permissive	86346
tax adopted as an emergency measure pursuant to section 4504.02,	86347
4504.15, or 4504.16 of the Revised Code may be initiated by filing	86348
with the board of elections of the county not less than ninety	86349
days before the general election in any year a petition requesting	86350
that an election be held on such question. Such petition shall be	86351
signed by qualified electors residing in the county equal in	86352
number to ten per cent of those voting for governor at the most	86353
recent gubernatorial election.	86354

After determination by it that such petition is valid, the	86355
board of elections shall submit the question to the electors of	86356
the county at the next general election. The election shall be	86357
conducted, canvassed, and certified in the same manner as regular	86358
elections for county offices in the county. Notice of the election	86359
shall be published in a newspaper of general circulation in the	86360
district, or as provided in section 7.16 of the Revised Code, once	86361
a week for two consecutive weeks prior to the election ~~and, if~~. If	86362
the board of elections operates and maintains a web site, notice	86363
of the election also shall be posted on that web site for thirty	86364
days prior to the election. The notice shall state the purpose,	86365
time, and place of the election. The form of the ballot cast at	86366
such election shall be prescribed by the secretary of state. The	86367
question covered by such petition shall be submitted as a separate	86368
proposition, but it may be printed on the same ballot with any	86369
other proposition submitted at the same election other than the	86370
election of officers. If a majority of the qualified electors	86371
voting on the question of repeal approve the repeal, the result of	86372
the election shall be certified immediately after the canvass by	86373
the board of elections to the county commissioners, who shall	86374
thereupon, after the current year, cease to levy the tax.	86375

Sec. 4504.15. For the purpose of paying the costs of	86376
enforcing and administering the tax provided for in this section;	86377
for the various purposes stated in section 4504.02 of the Revised	86378
Code; and to supplement revenue already available for those	86379
purposes, any county may, by resolution adopted by its board of	86380
county commissioners, levy an annual license tax, that shall be in	86381
addition to the tax levied by sections 4503.02, 4503.07, and	86382
4503.18 of the Revised Code, upon the operation of motor vehicles	86383
upon the public roads and highways. The tax shall be at the rate	86384
of five dollars per motor vehicle on all motor vehicles the	86385
district of registration of which, as defined in section 4503.10	86386
of the Revised Code, is located in the county levying the tax but	86387
is not located within any municipal corporation levying the tax	86388
authorized by section 4504.17 of the Revised Code, and shall be in	86389
addition to the taxes at the rates specified in sections 4503.04	86390
and 4503.16 of the Revised Code, subject to reductions in the	86391
manner provided in section 4503.11 of the Revised Code and the	86392
exemptions provided in sections 4503.16, 4503.17, 4503.171,	86393
4503.41, and 4503.43 of the Revised Code.	86394

Prior to the adoption of any resolution under this section,	86395
the board of county commissioners shall conduct two public	86396
hearings thereon, the second hearing to be not less than three nor	86397
more than ten days after the first. Notice of the date, time, and	86398
place of such hearings shall be given by publication in a	86399
newspaper of general circulation in the county, or as provided in	86400
section 7.16 of the Revised Code, once a week for two consecutive	86401
weeks~~, the~~. The second publication ~~being~~shall be not less than	86402
ten nor more than thirty days prior to the first hearing.	86403

No resolution under this section shall become effective	86404
sooner than thirty days following its adoption, and such	86405
resolution is subject to a referendum as provided in sections	86406
305.31 to 305.41 of the Revised Code, unless the resolution is	86407
adopted as an emergency measure necessary for the immediate	86408
preservation of the public peace, health, or safety, in which case	86409
it shall go into immediate effect. The emergency measure must	86410
receive an affirmative vote of all of the members of the board of	86411
county commissioners, and shall state the reasons for the	86412
necessity. A resolution may direct the board of elections to	86413
submit the question of levying the tax to the electors of the	86414
county at the next primary or general election occurring not less	86415
than ninety days after the resolution is certified to the board;	86416
no such resolution shall go into effect unless approved by a	86417
majority of those voting upon it. A county is not required to	86418
enact the tax authorized by section 4504.02 of the Revised Code in	86419
order to levy the tax authorized by this section, but no county	86420
may have in effect the tax authorized by this section if it	86421
repeals the tax authorized by section 4504.02 of the Revised Code	86422
after April 1, 1987.	86423

Sec. 4504.16. For the purpose of paying the costs of	86424
enforcing and administering the tax provided for in this section;	86425
for the various purposes stated in section 4504.02 of the Revised	86426
Code; and to supplement revenue already available for those	86427
purposes, any county that currently levies the tax authorized by	86428
section 4504.15 of the Revised Code may, by resolution adopted by	86429
its board of county commissioners, levy an annual license tax,	86430
that shall be in addition to the tax levied by that section and by	86431
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	86432
the operation of motor vehicles upon the public roads and	86433
highways. The tax shall be at the rate of five dollars per motor	86434
vehicle on all motor vehicles the district of registration of	86435
which, as defined in section 4503.10 of the Revised Code, is	86436
located in the county levying the tax but is not located within	86437
any municipal corporation levying the tax authorized by section	86438
4504.171 of the Revised Code, and shall be in addition to the	86439
taxes at the rates specified in sections 4503.04 and 4503.16 of	86440
the Revised Code, subject to reductions in the manner provided in	86441
section 4503.11 of the Revised Code and the exemptions provided in	86442
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	86443
Revised Code.	86444

Prior to the adoption of any resolution under this section,	86445
the board of county commissioners shall conduct two public	86446
hearings thereon, the second hearing to be not less than three nor	86447
more than ten days after the first. Notice of the date, time, and	86448
place of such hearings shall be given by publication in a	86449
newspaper of general circulation in the county, or as provided in	86450
section 7.16 of the Revised Code, once a week for two consecutive	86451
weeks~~, the~~. The second publication ~~being~~shall be not less than	86452
ten nor more than thirty days prior to the first hearing.	86453

No resolution under this section shall become effective	86454
sooner than thirty days following its adoption, and such	86455
resolution is subject to a referendum as provided in sections	86456
305.31 to 305.41 of the Revised Code, unless the resolution is	86457
adopted as an emergency measure necessary for the immediate	86458
preservation of the public peace, health, or safety, in which case	86459
it shall go into immediate effect. The emergency measure must	86460
receive an affirmative vote of all of the members of the board of	86461
county commissioners, and shall state the reasons for the	86462
necessity. A resolution may direct the board of elections to	86463
submit the question of levying the tax to the electors of the	86464
county at the next primary or general election occurring not less	86465
than ninety days after the resolution is certified to the board;	86466
no such resolution shall go into effect unless approved by a	86467
majority of those voting upon it.	86468

Nothing in this section or in section 4504.15 of the Revised	86469
Code shall be interpreted as preventing a county from levying the	86470
county motor vehicle license taxes authorized by such sections in	86471
a single resolution.	86472

Sec. 4504.18. For the purpose of paying the costs and	86473
expenses of enforcing and administering the tax provided for in	86474
this section; for the construction, reconstruction, improvement,	86475
maintenance, and repair of township roads, bridges, and culverts;	86476
for purchasing, erecting, and maintaining traffic signs, markers,	86477
lights, and signals; for purchasing road machinery and equipment,	86478
and planning, constructing, and maintaining suitable buildings to	86479
house such equipment; for paying any costs apportioned to the	86480
township under section 4907.47 of the Revised Code; and to	86481
supplement revenue already available for such purposes, the board	86482
of township trustees may levy an annual license tax, in addition	86483
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the	86484
Revised Code, upon the operation of motor vehicles on the public	86485
roads and highways in the unincorporated territory of the	86486
township. The tax shall be at the rate of five dollars per motor	86487
vehicle on all motor vehicles the owners of which reside in the	86488
unincorporated area of the township and shall be in addition to	86489
the taxes at the rates specified in sections 4503.04 and 4503.16	86490
of the Revised Code, subject to reductions in the manner provided	86491
in section 4503.11 of the Revised Code and the exemptions provided	86492
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of	86493
the Revised Code.	86494

Prior to the adoption of any resolution under this section,	86495
the board of township trustees shall conduct two public hearings	86496
thereon, the second hearing to be not less than three nor more	86497
than ten days after the first. Notice of the date, time, and place	86498
of such hearings shall be given by publication in a newspaper of	86499
general circulation in the township or as provided in section 7.16	86500
of the Revised Code, once a week on the same day of the week for	86501
two consecutive weeks, the second publication being not less than	86502
ten nor more than thirty days prior to the first hearing.	86503

No resolution under this section shall become effective	86504
sooner than thirty days following its adoption, and such	86505
resolution is subject to a referendum in the same manner, except	86506
as to the form of the petition, as provided in division (H) of	86507
section 519.12 of the Revised Code for a proposed amendment to a	86508
township zoning resolution. In addition, a petition under this	86509
section shall be governed by the rules specified in section	86510
3501.38 of the Revised Code. No resolution levying a tax under	86511
this section for which a referendum vote has been requested shall	86512
go into effect unless approved by a majority of those voting upon	86513
it.	86514

A township license tax levied under this section shall	86515
continue in effect until repealed.	86516

Sec. 4506.071. On receipt of a notice pursuant to section	86517
3123.54 of the Revised Code, the registrar of motor vehicles shall	86518
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	86519
Revised Code and any applicable rules adopted under section	86520
3123.63 of the Revised Code with respect to a commercial driver's	86521
license or commercial driver's temporary instruction permit issued	86522
pursuant to this chapter.	86523

Sec. 4507.111. On receipt of a notice pursuant to section	86524
3123.54 of the Revised Code, the registrar of motor vehicles shall	86525
comply with sections ~~3123.52~~3123.53 to ~~3123.614~~3123.60 of the	86526
Revised Code and any applicable rules adopted under section	86527
3123.63 of the Revised Code with respect to any driver's or	86528
commercial license or permit, motorcycle operator's license or	86529
endorsement, or temporary instruction permit or commercial	86530
driver's temporary instruction permit issued by this state that is	86531
the subject of the notice.	86532

Sec. 4507.164. (A) Except as provided in divisions (C) to	86533
(E) of this section, when the license of any person is suspended	86534
pursuant to any provision of the Revised Code other than division	86535
(G) of section 4511.19 of the Revised Code and other than section	86536
4510.07 of the Revised Code for a violation of a municipal OVI	86537
ordinance, the trial judge may impound the identification license	86538
plates of any motor vehicle registered in the name of the person.	86539

(B)(1) When the license of any person is suspended pursuant	86540
to division (G)(1)(a) of section 4511.19 of the Revised Code, or	86541
pursuant to section 4510.07 of the Revised Code for a municipal	86542
OVI offense when the suspension is equivalent in length to the	86543
suspension under division (G) of section 4511.19 of the Revised	86544
Code that is specified in this division, the trial judge of the	86545
court of record or the mayor of the mayor's court that suspended	86546
the license may impound the identification license plates of any	86547
motor vehicle registered in the name of the person.	86548

(2) When the license of any person is suspended pursuant to	86549
division (G)(1)(b) of section 4511.19 of the Revised Code, or	86550
pursuant to section 4510.07 of the Revised Code for a municipal	86551
OVI offense when the suspension is equivalent in length to the	86552
suspension under division (G) of section 4511.19 of the Revised	86553
Code that is specified in this division, the trial judge of the	86554
court of record that suspended the license shall order the	86555
impoundment of the identification license plates of the motor	86556
vehicle the offender was operating at the time of the offense and	86557
the immobilization of that vehicle in accordance with section	86558
4503.233 and division (G)(1)(b) of section 4511.19 or division	86559
~~(B)~~(C)(2)(a) of section 4511.193 of the Revised Code and may	86560
impound the identification license plates of any other motor	86561
vehicle registered in the name of the person whose license is	86562
suspended.	86563

(3) When the license of any person is suspended pursuant to	86564
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	86565
Code, or pursuant to section 4510.07 of the Revised Code for a	86566
municipal OVI offense when the suspension is equivalent in length	86567
to the suspension under division (G) of section 4511.19 of the	86568
Revised Code that is specified in this division, the trial judge	86569
of the court of record that suspended the license shall order the	86570
criminal forfeiture to the state of the motor vehicle the offender	86571
was operating at the time of the offense in accordance with	86572
section 4503.234 and division (G)(1)(c), (d), or (e) of section	86573
4511.19 or division ~~(B)~~(C)(2)(b) of section 4511.193 of the	86574
Revised Code and may impound the identification license plates of	86575
any other motor vehicle registered in the name of the person whose	86576
license is suspended.	86577

(C)(1) When a person is convicted of or pleads guilty to a	86578
violation of section 4510.14 of the Revised Code or a	86579
substantially equivalent municipal ordinance and division (B)(1)	86580
or (2) of section 4510.14 or division (C)(1) or (2) of section	86581
4510.161 of the Revised Code applies, the trial judge of the court	86582
of record or the mayor of the mayor's court that imposes sentence	86583
shall order the immobilization of the vehicle the person was	86584
operating at the time of the offense and the impoundment of its	86585
identification license plates in accordance with section 4503.233	86586
and division (B)(1) or (2) of section 4510.14 or division (C)(1)	86587
or (2) of section 4510.161 of the Revised Code and may impound the	86588
identification license plates of any other vehicle registered in	86589
the name of that person.	86590

(2) When a person is convicted of or pleads guilty to a	86591
violation of section 4510.14 of the Revised Code or a	86592
substantially equivalent municipal ordinance and division (B)(3)	86593
of section 4510.14 or division (C)(3) of section 4510.161 of the	86594
Revised Code applies, the trial judge of the court of record that	86595
imposes sentence shall order the criminal forfeiture to the state	86596
of the vehicle the person was operating at the time of the offense	86597
in accordance with section 4503.234 and division (B)(3) of section	86598
4510.14 or division (C)(3) of section 4510.161 of the Revised Code	86599
and may impound the identification license plates of any other	86600
vehicle registered in the name of that person.	86601

(D)~~(1)~~ When a person is convicted of or pleads guilty to a	86602
violation of division (A) of section 4510.16 of the Revised Code	86603
or a substantially equivalent municipal ordinance, division (B) of	86604
section 4510.16 or division (B) of section 4510.161 of the Revised	86605
Code applies in determining whether the immobilization of the	86606
vehicle the person was operating at the time of the offense and	86607
the impoundment of its identification license plates or the	86608
criminal forfeiture to the state of the vehicle the person was	86609
operating at the time of the offense is authorized or required.	86610
The trial judge of the court of record or the mayor of the mayor's	86611
court that imposes sentence may impound the identification license	86612
plates of any other vehicle registered in the name of that person.	86613

(E)(1) When a person is convicted of or pleads guilty to a	86614
violation of section 4511.203 of the Revised Code and the person	86615
is sentenced pursuant to division (C)(1) or (2) of section	86616
4511.203 of the Revised Code, the trial judge of the court of	86617
record or the mayor of the mayor's court that imposes sentence	86618
shall order the immobilization of the vehicle that was involved in	86619
the commission of the offense and the impoundment of its	86620
identification license plates in accordance with division (C)(1)	86621
or (2) of section 4511.203 and section 4503.233 of the Revised	86622
Code and may impound the identification license plates of any	86623
other vehicle registered in the name of that person.	86624

(2) When a person is convicted of or pleads guilty to a	86625
violation of section 4511.203 of the Revised Code and the person	86626
is sentenced pursuant to division (C)(3) of section 4511.203 of	86627
the Revised Code, the trial judge of the court of record or the	86628
mayor of the mayor's court that imposes sentence shall order the	86629
criminal forfeiture to the state of the vehicle that was involved	86630
in the commission of the offense in accordance with division	86631
(C)(3) of section 4511.203 and section 4503.234 of the Revised	86632
Code and may impound the identification license plates of any	86633
other vehicle registered in the name of that person.	86634

(F) Except as provided in section 4503.233 or 4503.234 of the	86635
Revised Code, when the certificate of registration, the	86636
identification license plates, or both have been impounded,	86637
division (B) of section 4507.02 of the Revised Code is applicable.	86638

(G) As used in this section, "municipal OVI offense" has the	86639
same meaning as in section 4511.181 of the Revised Code.	86640

Sec. 4507.1612. The registrar of motor vehicles shall not	86641
restore any operating privileges or reissue a probationary	86642
driver's license, restricted license, driver's license, or	86643
probationary commercial driver's license suspended under section	86644
2923.122 of the Revised Code until the person whose license was	86645
suspended pays a reinstatement fee of thirty dollars to the	86646
registrar ~~or an eligible deputy registrar. In addition, each~~	86647
~~deputy registrar shall collect a service fee of ten dollars to~~	86648
~~compensate the deputy registrar for services performed under this~~	86649
~~section. The deputy registrar shall retain eight dollars of the~~	86650
~~service fee and shall transmit the reinstatement fee, plus two~~	86651
~~dollars of the service fee, to the registrar in the manner the~~	86652
~~registrar shall determine~~.	86653

The bureau of motor vehicles shall pay all fees collected	86654
under this section into the state treasury to the credit of the	86655
state bureau of motor vehicles fund created by section 4501.25 of	86656
the Revised Code.	86657

Sec. 4507.45. If a person's driver's license, commercial	86658
driver's license, or nonresident operating privilege is suspended,	86659
disqualified, or canceled for an indefinite period of time or for	86660
a period of at least ninety days, and if at the end of the period	86661
of suspension, disqualification, or cancellation the person is	86662
eligible to have the license or privilege reinstated, the	86663
registrar of motor vehicles ~~or an eligible deputy registrar~~ shall	86664
collect a reinstatement fee of forty dollars when the person	86665
requests reinstatement. ~~In addition, each deputy registrar shall~~	86666
~~collect a service fee of ten dollars to compensate the deputy~~	86667
~~registrar for services performed under this section. The deputy~~	86668
~~registrar shall retain eight dollars of the service fee and shall~~	86669
~~transmit the reinstatement fee, plus two dollars of the service~~	86670
~~fee, to the registrar in the manner the registrar shall determine.~~	86671
However, the registrar ~~or an eligible deputy registrar~~ shall not	86672
collect the fee prescribed by this section if a different driver's	86673
license, commercial driver's license, or nonresident operating	86674
privilege reinstatement fee is prescribed by law.	86675

The registrar shall deposit ten dollars of each forty-dollar	86676
fee into the state treasury to the credit of the indigent defense	86677
support fund created by section 120.08 of the Revised Code and	86678
thirty dollars of each fee into the state treasury to the credit	86679
of the state bureau of motor vehicles fund created by section	86680
4501.25 of the Revised Code.	86681

Sec. 4509.101. (A)(1) No person shall operate, or permit the	86682
operation of, a motor vehicle in this state, unless proof of	86683
financial responsibility is maintained continuously throughout the	86684
registration period with respect to that vehicle, or, in the case	86685
of a driver who is not the owner, with respect to that driver's	86686
operation of that vehicle.	86687

(2) Whoever violates division (A)(1) of this section shall be	86688
subject to the following civil penalties:	86689

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	86690
class E suspension of the person's driver's license, commercial	86691
driver's license, temporary instruction permit, probationary	86692
license, or nonresident operating privilege for the period of time	86693
specified in division (B)(5) of section 4510.02 of the Revised	86694
Code and impoundment of the person's license. The court may grant	86695
limited driving privileges to the person only if the person	86696
presents proof of financial responsibility and has complied with	86697
division (A)(5) of this section.	86698

(b) If, within five years of the violation, the person's	86699
operating privileges are again suspended and the person's license	86700
again is impounded for a violation of division (A)(1) of this	86701
section, a class C suspension of the person's driver's license,	86702
commercial driver's license, temporary instruction permit,	86703
probationary license, or nonresident operating privilege for the	86704
period of time specified in division (B)(3) of section 4510.02 of	86705
the Revised Code. The court may grant limited driving privileges	86706
to the person only if the person presents proof of financial	86707
responsibility and has complied with division (A)(5) of this	86708
section, and no court may grant limited driving privileges for the	86709
first fifteen days of the suspension.	86710

(c) If, within five years of the violation, the person's	86711
operating privileges are suspended and the person's license is	86712
impounded two or more times for a violation of division (A)(1) of	86713
this section, a class B suspension of the person's driver's	86714
license, commercial driver's license, temporary instruction	86715
permit, probationary license, or nonresident operating privilege	86716
for the period of time specified in division (B)(2) of section	86717
4510.02 of the Revised Code. No court may grant limited driving	86718
privileges during the suspension.	86719

(d) In addition to the suspension of an owner's license under	86720
division (A)(2)(a), (b), or (c) of this section, the suspension of	86721
the rights of the owner to register the motor vehicle and the	86722
impoundment of the owner's certificate of registration and license	86723
plates until the owner complies with division (A)(5) of this	86724
section.	86725

(3) A person to whom this state has issued a certificate of	86726
registration for a motor vehicle or a license to operate a motor	86727
vehicle or who is determined to have operated any motor vehicle or	86728
permitted the operation in this state of a motor vehicle owned by	86729
the person shall be required to verify the existence of proof of	86730
financial responsibility covering the operation of the motor	86731
vehicle or the person's operation of the motor vehicle under any	86732
of the following circumstances:	86733

(a) The person or a motor vehicle owned by the person is	86734
involved in a traffic accident that requires the filing of an	86735
accident report under section 4509.06 of the Revised Code.	86736

(b) The person receives a traffic ticket indicating that	86737
proof of the maintenance of financial responsibility was not	86738
produced upon the request of a peace officer or state highway	86739
patrol trooper made in accordance with division (D)(2) of this	86740
section.	86741

(c) Whenever, in accordance with rules adopted by the	86742
registrar, the person is randomly selected by the registrar and	86743
requested to provide such verification.	86744

(4) An order of the registrar that suspends and impounds a	86745
license or registration, or both, shall state the date on or	86746
before which the person is required to surrender the person's	86747
license or certificate of registration and license plates. The	86748
person is deemed to have surrendered the license or certificate of	86749
registration and license plates, in compliance with the order, if	86750
the person does either of the following:	86751

(a) On or before the date specified in the order, personally	86752
delivers the license or certificate of registration and license	86753
plates, or causes the delivery of the items, to the registrar;	86754

(b) Mails the license or certificate of registration and	86755
license plates to the registrar in an envelope or container	86756
bearing a postmark showing a date no later than the date specified	86757
in the order.	86758

(5) Except as provided in division (A)(6) or (L) of this	86759
section, the registrar shall not restore any operating privileges	86760
or registration rights suspended under this section, return any	86761
license, certificate of registration, or license plates impounded	86762
under this section, or reissue license plates under section	86763
4503.232 of the Revised Code, if the registrar destroyed the	86764
impounded license plates under that section, or reissue a license	86765
under section 4510.52 of the Revised Code, if the registrar	86766
destroyed the suspended license under that section, unless the	86767
rights are not subject to suspension or revocation under any other	86768
law and unless the person, in addition to complying with all other	86769
conditions required by law for reinstatement of the operating	86770
privileges or registration rights, complies with all of the	86771
following:	86772

(a) Pays to the registrar ~~or an eligible deputy registrar~~ a	86773
financial responsibility reinstatement fee of one hundred dollars	86774
for the first violation of division (A)(1) of this section, three	86775
hundred dollars for a second violation of that division, and six	86776
hundred dollars for a third or subsequent violation of that	86777
division;	86778

(b) If the person has not voluntarily surrendered the	86779
license, certificate, or license plates in compliance with the	86780
order, pays to the registrar ~~or an eligible deputy registrar~~ a	86781
financial responsibility nonvoluntary compliance fee in an amount,	86782
not to exceed fifty dollars, determined by the registrar;	86783

(c) Files and continuously maintains proof of financial	86784
responsibility under sections 4509.44 to 4509.65 of the Revised	86785
Code;	86786

~~(d) Pays a deputy registrar a service fee of ten dollars to~~	86787
~~compensate the deputy registrar for services performed under this~~	86788
~~section. The deputy registrar shall retain eight dollars of the~~	86789
~~service fee and shall transmit the reinstatement fee, any~~	86790
~~nonvoluntary compliance fee, and two dollars of the service fee to~~	86791
~~the registrar in the manner the registrar shall determine~~.	86792

(6) If the registrar issues an order under division (A)(2) of	86793
this section resulting from the failure of a person to respond to	86794
a financial responsibility random verification request under	86795
division (A)(3)(c) of this section and the person successfully	86796
maintains an affirmative defense to a violation of section 4510.16	86797
of the Revised Code or is determined by the registrar or a deputy	86798
registrar to have been in compliance with division (A)(1) of this	86799
section at the time of the initial financial responsibility random	86800
verification request, the registrar shall do both of the	86801
following:	86802

(a) Terminate the order of suspension or impoundment;

86803

(b) Restore the operating privileges and registration rights	86804
of the person without payment of the fees established in divisions	86805
(A)(5)(a) and (b) of this section and without a requirement to	86806
file proof of financial responsibility.	86807

(B)(1) Every party required to file an accident report under	86808
section 4509.06 of the Revised Code also shall include with the	86809
report a document described in division (G)(1) of this section.	86810

If the registrar determines, within forty-five days after the	86811
report is filed, that an operator or owner has violated division	86812
(A)(1) of this section, the registrar shall do all of the	86813
following:	86814

(a) Order the impoundment, with respect to the motor vehicle	86815
involved, required under division (A)(2)(d) of this section, of	86816
the certificate of registration and license plates of any owner	86817
who has violated division (A)(1) of this section;	86818

(b) Order the suspension required under division (A)(2)(a),	86819
(b), or (c) of this section of the license of any operator or	86820
owner who has violated division (A)(1) of this section;	86821

(c) Record the name and address of the person whose	86822
certificate of registration and license plates have been impounded	86823
or are under an order of impoundment, or whose license has been	86824
suspended or is under an order of suspension; the serial number of	86825
the person's license; the serial numbers of the person's	86826
certificate of registration and license plates; and the person's	86827
social security account number, if assigned, or, where the motor	86828
vehicle is used for hire or principally in connection with any	86829
established business, the person's federal taxpayer identification	86830
number. The information shall be recorded in such a manner that it	86831
becomes a part of the person's permanent record, and assists the	86832
registrar in monitoring compliance with the orders of suspension	86833
or impoundment.	86834

(d) Send written notification to every person to whom the	86835
order pertains, at the person's last known address as shown on the	86836
records of the bureau. The person, within ten days after the date	86837
of the mailing of the notification, shall surrender to the	86838
registrar, in a manner set forth in division (A)(4) of this	86839
section, any certificate of registration and registration plates	86840
under an order of impoundment, or any license under an order of	86841
suspension.	86842

(2) The registrar shall issue any order under division (B)(1)	86843
of this section without a hearing. Any person adversely affected	86844
by the order, within ten days after the issuance of the order, may	86845
request an administrative hearing before the registrar, who shall	86846
provide the person with an opportunity for a hearing in accordance	86847
with this paragraph. A request for a hearing does not operate as a	86848
suspension of the order. The scope of the hearing shall be limited	86849
to whether the person in fact demonstrated to the registrar proof	86850
of financial responsibility in accordance with this section. The	86851
registrar shall determine the date, time, and place of any	86852
hearing, provided that the hearing shall be held, and an order	86853
issued or findings made, within thirty days after the registrar	86854
receives a request for a hearing. If requested by the person in	86855
writing, the registrar may designate as the place of hearing the	86856
county seat of the county in which the person resides or a place	86857
within fifty miles of the person's residence. The person shall pay	86858
the cost of the hearing before the registrar, if the registrar's	86859
order of suspension or impoundment is upheld.	86860

(C) Any order of suspension or impoundment issued under this	86861
section or division (B) of section 4509.37 of the Revised Code may	86862
be terminated at any time if the registrar determines upon a	86863
showing of proof of financial responsibility that the operator or	86864
owner of the motor vehicle was in compliance with division (A)(1)	86865
of this section at the time of the traffic offense, motor vehicle	86866
inspection, or accident that resulted in the order against the	86867
person. A determination may be made without a hearing. This	86868
division does not apply unless the person shows good cause for the	86869
person's failure to present satisfactory proof of financial	86870
responsibility to the registrar prior to the issuance of the	86871
order.	86872

(D)(1) For the purpose of enforcing this section, every peace	86873
officer is deemed an agent of the registrar.	86874

(a) Except as provided in division (D)(1)(b) of this section,	86875
any peace officer who, in the performance of the peace officer's	86876
duties as authorized by law, becomes aware of a person whose	86877
license is under an order of suspension, or whose certificate of	86878
registration and license plates are under an order of impoundment,	86879
pursuant to this section, may confiscate the license, certificate	86880
of registration, and license plates, and return them to the	86881
registrar.	86882

(b) Any peace officer who, in the performance of the peace	86883
officer's duties as authorized by law, becomes aware of a person	86884
whose license is under an order of suspension, or whose	86885
certificate of registration and license plates are under an order	86886
of impoundment resulting from failure to respond to a financial	86887
responsibility random verification, shall not, for that reason,	86888
arrest the owner or operator or seize the vehicle or license	86889
plates. Instead, the peace officer shall issue a citation for a	86890
violation of section 4510.16 of the Revised Code specifying the	86891
circumstances as failure to respond to a financial responsibility	86892
random verification.	86893

(2) A peace officer shall request the owner or operator of a	86894
motor vehicle to produce proof of financial responsibility in a	86895
manner described in division (G) of this section at the time the	86896
peace officer acts to enforce the traffic laws of this state and	86897
during motor vehicle inspections conducted pursuant to section	86898
4513.02 of the Revised Code.	86899

(3) A peace officer shall indicate on every traffic ticket	86900
whether the person receiving the traffic ticket produced proof of	86901
the maintenance of financial responsibility in response to the	86902
officer's request under division (D)(2) of this section. The peace	86903
officer shall inform every person who receives a traffic ticket	86904
and who has failed to produce proof of the maintenance of	86905
financial responsibility that the person must submit proof to the	86906
traffic violations bureau with any payment of a fine and costs for	86907
the ticketed violation or, if the person is to appear in court for	86908
the violation, the person must submit proof to the court.	86909

(4)(a) If a person who has failed to produce proof of the	86910
maintenance of financial responsibility appears in court for a	86911
ticketed violation, the court may permit the defendant to present	86912
evidence of proof of financial responsibility to the court at such	86913
time and in such manner as the court determines to be necessary or	86914
appropriate. In a manner prescribed by the registrar, the clerk of	86915
courts shall provide the registrar with the identity of any person	86916
who fails to submit proof of the maintenance of financial	86917
responsibility pursuant to division (D)(3) of this section.	86918

(b) If a person who has failed to produce proof of the	86919
maintenance of financial responsibility also fails to submit that	86920
proof to the traffic violations bureau with payment of a fine and	86921
costs for the ticketed violation, the traffic violations bureau,	86922
in a manner prescribed by the registrar, shall notify the	86923
registrar of the identity of that person.	86924

(5)(a) Upon receiving notice from a clerk of courts or	86925
traffic violations bureau pursuant to division (D)(4) of this	86926
section, the registrar shall order the suspension of the license	86927
of the person required under division (A)(2)(a), (b), or (c) of	86928
this section and the impoundment of the person's certificate of	86929
registration and license plates required under division (A)(2)(d)	86930
of this section, effective thirty days after the date of the	86931
mailing of notification. The registrar also shall notify the	86932
person that the person must present the registrar with proof of	86933
financial responsibility in accordance with this section,	86934
surrender to the registrar the person's certificate of	86935
registration, license plates, and license, or submit a statement	86936
subject to section 2921.13 of the Revised Code that the person did	86937
not operate or permit the operation of the motor vehicle at the	86938
time of the offense. Notification shall be in writing and shall be	86939
sent to the person at the person's last known address as shown on	86940
the records of the bureau of motor vehicles. The person, within	86941
fifteen days after the date of the mailing of notification, shall	86942
present proof of financial responsibility, surrender the	86943
certificate of registration, license plates, and license to the	86944
registrar in a manner set forth in division (A)(4) of this	86945
section, or submit the statement required under this section	86946
together with other information the person considers appropriate.	86947

If the registrar does not receive proof or the person does	86948
not surrender the certificate of registration, license plates, and	86949
license, in accordance with this division, the registrar shall	86950
permit the order for the suspension of the license of the person	86951
and the impoundment of the person's certificate of registration	86952
and license plates to take effect.	86953

(b) In the case of a person who presents, within the	86954
fifteen-day period, documents to show proof of financial	86955
responsibility, the registrar shall terminate the order of	86956
suspension and the impoundment of the registration and license	86957
plates required under division (A)(2)(d) of this section and shall	86958
send written notification to the person, at the person's last	86959
known address as shown on the records of the bureau.	86960

(c) Any person adversely affected by the order of the	86961
registrar under division (D)(5)(a) or (b) of this section, within	86962
ten days after the issuance of the order, may request an	86963
administrative hearing before the registrar, who shall provide the	86964
person with an opportunity for a hearing in accordance with this	86965
paragraph. A request for a hearing does not operate as a	86966
suspension of the order. The scope of the hearing shall be limited	86967
to whether, at the time of the hearing, the person presents proof	86968
of financial responsibility covering the vehicle and whether the	86969
person is eligible for an exemption in accordance with this	86970
section or any rule adopted under it. The registrar shall	86971
determine the date, time, and place of any hearing; provided, that	86972
the hearing shall be held, and an order issued or findings made,	86973
within thirty days after the registrar receives a request for a	86974
hearing. If requested by the person in writing, the registrar may	86975
designate as the place of hearing the county seat of the county in	86976
which the person resides or a place within fifty miles of the	86977
person's residence. Such person shall pay the cost of the hearing	86978
before the registrar, if the registrar's order of suspension or	86979
impoundment under division (D)(5)(a) or (b) of this section is	86980
upheld.	86981

(6) A peace officer may charge an owner or operator of a	86982
motor vehicle with a violation of section 4510.16 of the Revised	86983
Code when the owner or operator fails to show proof of the	86984
maintenance of financial responsibility pursuant to a peace	86985
officer's request under division (D)(2) of this section, if a	86986
check of the owner or operator's driving record indicates that the	86987
owner or operator, at the time of the operation of the motor	86988
vehicle, is required to file and maintain proof of financial	86989
responsibility under section 4509.45 of the Revised Code for a	86990
previous violation of this chapter.	86991

(7) Any forms used by law enforcement agencies in	86992
administering this section shall be prescribed, supplied, and paid	86993
for by the registrar.	86994

(8) No peace officer, law enforcement agency employing a	86995
peace officer, or political subdivision or governmental agency	86996
that employs a peace officer shall be liable in a civil action for	86997
damages or loss to persons arising out of the performance of any	86998
duty required or authorized by this section.	86999

(9) As used in this division and divisions (E) and (G) of	87000
this section, "peace officer" has the meaning set forth in section	87001
2935.01 of the Revised Code.	87002

(E) All fees, except court costs~~, fees paid to a deputy~~	87003
~~registrar,~~ and those portions of the financial responsibility	87004
reinstatement fees as otherwise specified in this division,	87005
collected under this section shall be paid into the state treasury	87006
to the credit of the financial responsibility compliance fund. The	87007
financial responsibility compliance fund shall be used exclusively	87008
to cover costs incurred by the bureau in the administration of	87009
this section and sections 4503.20, 4507.212, and 4509.81 of the	87010
Revised Code, and by any law enforcement agency employing any	87011
peace officer who returns any license, certificate of	87012
registration, and license plates to the registrar pursuant to	87013
division (C) of this section, except that the director of budget	87014
and management may transfer excess money from the financial	87015
responsibility compliance fund to the state bureau of motor	87016
vehicles fund if the registrar determines that the amount of money	87017
in the financial responsibility compliance fund exceeds the amount	87018
required to cover such costs incurred by the bureau or a law	87019
enforcement agency and requests the director to make the transfer.	87020

Of each financial responsibility reinstatement fee the	87021
registrar collects pursuant to division (A)(5)(a) of this section	87022
~~or receives from a deputy registrar under division (A)(5)(d) of~~	87023
~~this section~~, the registrar shall deposit twenty-five dollars of	87024
each one-hundred-dollar reinstatement fee, fifty dollars of each	87025
three-hundred-dollar reinstatement fee, and one hundred dollars of	87026
each six-hundred-dollar reinstatement fee into the state treasury	87027
to the credit of the indigent defense support fund created by	87028
section 120.08 of the Revised Code.	87029

All investment earnings of the financial responsibility	87030
compliance fund shall be credited to the fund.	87031

(F) Chapter 119. of the Revised Code applies to this section	87032
only to the extent that any provision in that chapter is not	87033
clearly inconsistent with this section.	87034

(G)(1) The registrar, court, traffic violations bureau, or	87035
peace officer may require proof of financial responsibility to be	87036
demonstrated by use of a standard form prescribed by the	87037
registrar. If the use of a standard form is not required, a person	87038
may demonstrate proof of financial responsibility under this	87039
section by presenting to the traffic violations bureau, court,	87040
registrar, or peace officer any of the following documents or a	87041
copy of the documents:	87042

(a) A financial responsibility identification card as	87043
provided in section 4509.103 of the Revised Code;	87044

(b) A certificate of proof of financial responsibility on a	87045
form provided and approved by the registrar for the filing of an	87046
accident report required to be filed under section 4509.06 of the	87047
Revised Code;	87048

(c) A policy of liability insurance, a declaration page of a	87049
policy of liability insurance, or liability bond, if the policy or	87050
bond complies with section 4509.20 or sections 4509.49 to 4509.61	87051
of the Revised Code;	87052

(d) A bond or certification of the issuance of a bond as	87053
provided in section 4509.59 of the Revised Code;	87054

(e) A certificate of deposit of money or securities as	87055
provided in section 4509.62 of the Revised Code;	87056

(f) A certificate of self-insurance as provided in section	87057
4509.72 of the Revised Code.	87058

(2) If a person fails to demonstrate proof of financial	87059
responsibility in a manner described in division (G)(1) of this	87060
section, the person may demonstrate proof of financial	87061
responsibility under this section by any other method that the	87062
court or the bureau, by reason of circumstances in a particular	87063
case, may consider appropriate.	87064

(3) A motor carrier certificated by the interstate commerce	87065
commission or by the public utilities commission may demonstrate	87066
proof of financial responsibility by providing a statement	87067
designating the motor carrier's operating authority and averring	87068
that the insurance coverage required by the certificating	87069
authority is in full force and effect.	87070

(4)(a) A finding by the registrar or court that a person is	87071
covered by proof of financial responsibility in the form of an	87072
insurance policy or surety bond is not binding upon the named	87073
insurer or surety or any of its officers, employees, agents, or	87074
representatives and has no legal effect except for the purpose of	87075
administering this section.	87076

(b) The preparation and delivery of a financial	87077
responsibility identification card or any other document	87078
authorized to be used as proof of financial responsibility under	87079
this division does not do any of the following:	87080

(i) Create any liability or estoppel against an insurer or	87081
surety, or any of its officers, employees, agents, or	87082
representatives;	87083

(ii) Constitute an admission of the existence of, or of any	87084
liability or coverage under, any policy or bond;	87085

(iii) Waive any defenses or counterclaims available to an	87086
insurer, surety, agent, employee, or representative in an action	87087
commenced by an insured or third-party claimant upon a cause of	87088
action alleged to have arisen under an insurance policy or surety	87089
bond or by reason of the preparation and delivery of a document	87090
for use as proof of financial responsibility.	87091

(c) Whenever it is determined by a final judgment in a	87092
judicial proceeding that an insurer or surety, which has been	87093
named on a document accepted by a court or the registrar as proof	87094
of financial responsibility covering the operation of a motor	87095
vehicle at the time of an accident or offense, is not liable to	87096
pay a judgment for injuries or damages resulting from such	87097
operation, the registrar, notwithstanding any previous contrary	87098
finding, shall forthwith suspend the operating privileges and	87099
registration rights of the person against whom the judgment was	87100
rendered as provided in division (A)(2) of this section.	87101

(H) In order for any document described in division (G)(1)(b)	87102
of this section to be used for the demonstration of proof of	87103
financial responsibility under this section, the document shall	87104
state the name of the insured or obligor, the name of the insurer	87105
or surety company, and the effective and expiration dates of the	87106
financial responsibility, and designate by explicit description or	87107
by appropriate reference all motor vehicles covered which may	87108
include a reference to fleet insurance coverage.	87109

(I) For purposes of this section, "owner" does not include a	87110
licensed motor vehicle leasing dealer as defined in section	87111
4517.01 of the Revised Code, but does include a motor vehicle	87112
renting dealer as defined in section 4549.65 of the Revised Code.	87113
Nothing in this section or in section 4509.51 of the Revised Code	87114
shall be construed to prohibit a motor vehicle renting dealer from	87115
entering into a contractual agreement with a person whereby the	87116
person renting the motor vehicle agrees to be solely responsible	87117
for maintaining proof of financial responsibility, in accordance	87118
with this section, with respect to the operation, maintenance, or	87119
use of the motor vehicle during the period of the motor vehicle's	87120
rental.	87121

(J) The purpose of this section is to require the maintenance	87122
of proof of financial responsibility with respect to the operation	87123
of motor vehicles on the highways of this state, so as to minimize	87124
those situations in which persons are not compensated for injuries	87125
and damages sustained in motor vehicle accidents. The general	87126
assembly finds that this section contains reasonable civil	87127
penalties and procedures for achieving this purpose.	87128

(K) Nothing in this section shall be construed to be subject	87129
to section 4509.78 of the Revised Code.	87130

(L)(1) The registrar may terminate any suspension imposed	87131
under this section and not require the owner to comply with	87132
divisions (A)(5)(a), (b), and (c) of this section if the registrar	87133
with or without a hearing determines that the owner of the vehicle	87134
has established by clear and convincing evidence that all of the	87135
following apply:	87136

(a) The owner customarily maintains proof of financial	87137
responsibility.	87138

(b) Proof of financial responsibility was not in effect for	87139
the vehicle on the date in question for one of the following	87140
reasons:	87141

(i) The vehicle was inoperable.

87142

(ii) The vehicle is operated only seasonally, and the date in	87143
question was outside the season of operation.	87144

(iii) A person other than the vehicle owner or driver was at	87145
fault for the lapse of proof of financial responsibility through	87146
no fault of the owner or driver.	87147

(iv) The lapse of proof of financial responsibility was	87148
caused by excusable neglect under circumstances that are not	87149
likely to recur and do not suggest a purpose to evade the	87150
requirements of this chapter.	87151

(2) The registrar may grant an owner or driver relief for a	87152
reason specified in division (L)(1)(b)(i) or (ii) of this section	87153
whenever the owner or driver is randomly selected to verify the	87154
existence of proof of financial responsibility for such a vehicle.	87155
However, the registrar may grant an owner or driver relief for a	87156
reason specified in division (L)(1)(b)(iii) or (iv) of this	87157
section only if the owner or driver has not previously been	87158
granted relief under division (L)(1)(b)(iii) or (iv) of this	87159
section.	87160

(M) The registrar shall adopt rules in accordance with	87161
Chapter 119. of the Revised Code that are necessary to administer	87162
and enforce this section. The rules shall include procedures for	87163
the surrender of license plates upon failure to maintain proof of	87164
financial responsibility and provisions relating to reinstatement	87165
of registration rights, acceptable forms of proof of financial	87166
responsibility, and verification of the existence of financial	87167
responsibility during the period of registration.	87168

Sec. 4509.81. (A) Upon receipt of a notification of	87169
violation as provided in division (C) of section 4509.80 of the	87170
Revised Code; upon failure of a timely surrender of the livery	87171
license plate sticker as required by division (D) of section	87172
4509.80 of the Revised Code; or if the registrar of motor	87173
vehicles, upon receipt of notification from an insurer of the	87174
imminent cancellation or termination of coverage required by	87175
section 4509.80 of the Revised Code, fails to receive evidence of	87176
a continuation or substitution of coverage prior to the	87177
cancellation or termination date, the registrar shall order the	87178
immediate suspension of the rights of the owner of the chauffeured	87179
limousine described in the notice to register the limousine and	87180
the impoundment of the certificate of registration and	87181
registration plates for the limousine. The registrar shall notify	87182
the owner that the owner must surrender the certificate of	87183
registration and registration plates to the registrar. The	87184
notification shall be in writing and sent to the owner at the	87185
owner's last known address as shown in the records of the bureau	87186
of motor vehicles. Proceedings under this section are deemed	87187
special, summary statutory proceedings.	87188

(B) The order of suspension and impoundment of a registration	87189
shall state the date on or before which the owner of the	87190
chauffeured limousine involved is required to surrender the	87191
certificate of registration and registration plates to the	87192
registrar. The owner shall be deemed to have surrendered the	87193
certificate of registration and registration plates if the owner	87194
causes the items to be delivered to the registrar on or before the	87195
date specified in the order or mails the items to the registrar in	87196
an envelope or container bearing a postmark showing a date no	87197
later than the date specified in the order.	87198

(C) The registrar shall not restore any registration rights	87199
suspended under this section, return any certificate of	87200
registration or registration plates impounded under this section,	87201
or reissue registration plates under section 4503.232 of the	87202
Revised Code, if the registrar destroyed the impounded	87203
registration plates under that section, unless those rights are	87204
not subject to suspension under any other law and unless the owner	87205
complies with both of the following:	87206

(1) Pays to the registrar ~~or an eligible deputy registrar~~ a	87207
financial responsibility reinstatement fee of thirty dollars. The	87208
reinstatement fee may be increased, upon approval of the	87209
controlling board, up to an amount not exceeding fifty dollars. In	87210
~~addition, pays a service fee of ten dollars to each deputy~~	87211
~~registrar to compensate the deputy registrar for services~~	87212
~~performed under this section. The deputy registrar shall retain~~	87213
~~eight dollars of the service fee and shall transmit the~~	87214
~~reinstatement fee and two dollars of the service fee to the~~	87215
~~registrar in the manner the registrar shall determine.~~	87216

(2) Files and maintains proof of financial responsibility	87217
under section 4509.80 of the Revised Code.	87218

(D) Any owner adversely affected by the order of the	87219
registrar under this section ~~may~~, within ten days after the	87220
issuance of the order, may request an administrative hearing	87221
before the registrar, who shall provide the owner with an	87222
opportunity for a hearing in accordance with this division. A	87223
request for a hearing does not operate as a suspension of the	87224
order unless the owner establishes to the satisfaction of the	87225
registrar that the operation of the owner's chauffeured limousine	87226
will be covered by proof of financial responsibility during the	87227
pendency of the appeal. The scope of the hearing shall be limited	87228
to whether the owner in fact demonstrated to the registrar proof	87229
of financial responsibility in accordance with section 4509.80 of	87230
the Revised Code. The registrar shall determine the date, time,	87231
and place of any hearing, provided that the hearing shall be held	87232
and an order issued or findings made within thirty days after the	87233
registrar receives a request for a hearing. If requested by the	87234
owner in writing, the registrar may designate as the place of	87235
hearing the county seat of the county in which the owner resides	87236
or a place within fifty miles of the owner's residence. The owner	87237
shall pay the cost of the hearing before the registrar, if the	87238
registrar's order of suspension or impoundment is upheld.	87239

(E) Any order of suspension or impoundment issued under this	87240
section may be terminated at any time if the registrar determines	87241
upon a showing of proof of financial responsibility that the owner	87242
of the limousine was in compliance with section 4509.80 of the	87243
Revised Code at the time of the incident that resulted in the	87244
order against the owner. Such a determination may be made without	87245
a hearing.	87246

(F) All fees ~~except the two dollar service fee transmitted to~~	87247
~~the registrar by a deputy registrar,~~ that are collected by the	87248
registrar ~~or transmitted to the registrar~~ under this section shall	87249
be paid into the state treasury to the credit of the financial	87250
responsibility compliance fund created by section 4509.101 of the	87251
Revised Code.	87252

(G) Chapter 119. of the Revised Code applies to this section	87253
only to the extent that any provision in that chapter is not	87254
clearly inconsistent with this section.	87255

(H)(1) Proof of financial responsibility may be demonstrated	87256
by any of the methods authorized in section 4509.80 of the Revised	87257
Code.	87258

(2) Divisions (G)(4)(a) and (b) of section 4509.101 of the	87259
Revised Code apply to any finding by the registrar under this	87260
section that an owner is covered by proof of financial	87261
responsibility.	87262

Sec. 4510.10. (A) As used in this section, "reinstatement	87263
fees" means the fees that are required under section 4507.1612,	87264
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	87265
provision of the Revised Code, or under a schedule established by	87266
the bureau of motor vehicles, in order to reinstate a driver's or	87267
commercial driver's license or permit or nonresident operating	87268
privilege of an offender under a suspension.	87269

(B) Reinstatement fees are those fees that compensate the	87270
bureau of motor vehicles for suspensions, cancellations, or	87271
disqualifications of a person's driving privileges and to	87272
compensate the bureau and other agencies in their administration	87273
of programs intended to reduce and eliminate threats to public	87274
safety through education, treatment, and other activities. The	87275
registrar of motor vehicles shall not reinstate a driver's or	87276
commercial driver's license or permit or nonresident operating	87277
privilege of a person until the person has paid all reinstatement	87278
fees and has complied with all conditions for each suspension,	87279
cancellation, or disqualification incurred by that person.	87280

(C) When a municipal court or county court determines in a	87281
pending case involving an offender that the offender cannot	87282
reasonably pay reinstatement fees due and owing by the offender	87283
relative to one or more suspensions that have been or will be	87284
imposed by the bureau of motor vehicles or by a court of this	87285
state, the court, by order, may undertake an installment payment	87286
plan or a payment extension plan for the payment of reinstatement	87287
fees due and owing to the bureau in that pending case. The court	87288
shall establish an installment payment plan or a payment extension	87289
plan under this division in accordance with the requirements of	87290
divisions (D)(1) and (2) of this section.	87291

(D) Independent of the provisions of division (C) of this	87292
section, an offender who cannot reasonably pay reinstatement fees	87293
due and owing by the offender relative to a suspension that has	87294
been imposed on the offender may file a petition in the municipal	87295
court, county court, or, if the person is under the age of	87296
eighteen, the juvenile division of the court of common pleas in	87297
whose jurisdiction the person resides or, if the person is not a	87298
resident of this state, in the Franklin county municipal court or	87299
juvenile division of the Franklin county court of common pleas for	87300
an order that does either of the following, in order of	87301
preference:	87302

(1) Establishes a reasonable payment plan of not less than	87303
fifty dollars per month, to be paid by the offender to the	87304
registrar of motor vehicles ~~or an eligible deputy registrar~~, in	87305
all succeeding months until all reinstatement fees required of the	87306
offender are paid in full. ~~If the person is making payments to a~~	87307
~~deputy registrar, the deputy registrar shall collect a service fee~~	87308
~~of ten dollars each time the deputy registrar collects a payment~~	87309
~~to compensate the deputy registrar for services performed under~~	87310
~~this section. The deputy registrar shall retain eight dollars of~~	87311
~~the service fee and shall transmit the reinstatement payments,~~	87312
~~plus two dollars of each service fee, to the registrar in the~~	87313
~~manner the registrar shall determine.~~	87314

(2) If the offender, but for the payment of the reinstatement	87315
fees, otherwise would be entitled to operate a vehicle in this	87316
state or to obtain reinstatement of the offender's operating	87317
privileges, permits the offender to operate a motor vehicle, as	87318
authorized by the court, until a future date upon which date all	87319
reinstatement fees must be paid in full. A payment extension	87320
granted under this division shall not exceed one hundred eighty	87321
days, and any operating privileges granted under this division	87322
shall be solely for the purpose of permitting the offender	87323
occupational or "family necessity" privileges in order to enable	87324
the offender to reasonably acquire the delinquent reinstatement	87325
fees due and owing.	87326

(E) If a municipal court, county court, or juvenile division	87327
enters an order of the type described in division (C) or division	87328
(D)(1) or (2) of this section, the court, at any time after the	87329
issuance of the order, may determine that a change of	87330
circumstances has occurred and may amend the order as justice	87331
requires, provided that the amended order also shall be an order	87332
that is permitted under division (C) or division (D)(1) or (2) of	87333
this section.	87334

(F) If a court enters an order of the type described in	87335
division (C), (D)(1), (D)(2), or (E) of this section, during the	87336
pendency of the order, the offender in relation to whom it applies	87337
is not subject to prosecution for failing to pay the reinstatement	87338
fees covered by the order.	87339

(G) Reinstatement fees are debts that may be discharged in	87340
bankruptcy.	87341

(H)(1)(a) The registrar, in accordance with Chapter 119. of	87342
the Revised Code, shall adopt rules establishing a reinstatement	87343
fee payment pilot program not later than January 1, 2013. The	87344
pilot program shall permit the registrar, with the approval of the	87345
director of public safety, to designate at least one but not more	87346
than three clerks of a municipal court or county court to collect	87347
reinstatement fees and processing fees on behalf of the registrar.	87348
The rules shall specify all of the following:	87349

(i) The reinstatement and processing fees that the clerk may	87350
collect under the program;	87351

(ii) Minimum standards the clerk is required to meet and	87352
maintain;	87353

(iii) Terms of the contract between the registrar and the	87354
clerk;	87355

(iv) The amount of bond that will be required of the clerk;

87356

(v) Requirements for employees and facilities of the clerk;

87357

(vi) Any other requirements as the registrar may prescribe.

87358

(b) In addition to the reinstatement and processing fees the	87359
clerk collects on behalf of the registrar, the clerk may collect a	87360
service fee of ten dollars. If the clerk collects such a service	87361
fee, the clerk shall collect only one service fee irrespective of	87362
the number of reinstatement and processing fees the clerk collects	87363
at any one time relative to one person. The clerk shall retain	87364
eight dollars of each service fee for the clerk's services and	87365
shall transmit the reinstatement and processing fees and the	87366
remaining two dollars of each service fee to the registrar. The	87367
registrar shall deposit the two dollars of each service fee the	87368
registrar receives from a clerk under division (H)(1)(b) of this	87369
section into the state bureau of motor vehicles fund created in	87370
section 4501.25 of the Revised Code. The rules may require a clerk	87371
who collects a reinstatement or processing fee also to collect any	87372
other valid reinstatement documents or other evidence that is	87373
submitted with the payment of the reinstatement or processing fee.	87374
The rules shall specify the time and manner in which the clerk	87375
shall transmit the fees, documents, and evidence to the registrar	87376
for final approval and clearance, as appropriate.	87377

(2) The registrar shall evaluate the effectiveness of the	87378
reinstatement fee payment pilot program for a period not to exceed	87379
one year. After completion of the evaluation, if the registrar	87380
determines that the pilot program was a success, the registrar,	87381
with the approval of the director, shall adopt any amendments to	87382
the rules adopted under division (H)(1)(a) of this section based	87383
on the evaluation that are necessary to make the pilot program	87384
permanent and to expand the pilot program as described in division	87385
(H)(2) of this section. At a minimum, the amended rules shall	87386
require the registrar to make reasonable attempts to contract with	87387
at least one clerk of a municipal or county court in each county	87388
to collect reinstatement, processing, and service fees on behalf	87389
of the registrar unless a reinstatement office already exists in	87390
that county or the registrar determines that it is not practical	87391
to enter into such a contract with a clerk of a municipal or	87392
county court in a particular county.	87393

(3) A clerk of a municipal or county court who collects	87394
reinstatement fees, processing fees, service fees, and	87395
reinstatement documents or evidence under division (H) of this	87396
section and the applicable rules may issue an order that permits a	87397
person to operate a motor vehicle for a period not exceeding	87398
thirty days pending the registrar's final determination of whether	87399
all reinstatement requirements have been met or if additional	87400
reinstatement requirements must be met before the suspension may	87401
be terminated or the reinstatement may be entered. The registrar	87402
shall send a written notice of the registrar's final determination	87403
to the person at the person's last known address as shown in the	87404
records of the bureau.	87405

Sec. 4510.22. (A) If a person who has a current valid Ohio	87406
driver's, commercial driver's license, or temporary instruction	87407
permit is charged with a violation of any provision in sections	87408
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	87409
4549.65 of the Revised Code that is classified as a misdemeanor of	87410
the first, second, third, or fourth degree or with a violation of	87411
any substantially equivalent municipal ordinance and if the person	87412
either fails to appear in court at the required time and place to	87413
answer the charge or pleads guilty to or is found guilty of the	87414
violation and fails within the time allowed by the court to pay	87415
the fine imposed by the court, the court shall declare the	87416
forfeiture of the person's license. Thirty days after the	87417
declaration of forfeiture, the court shall inform the registrar of	87418
motor vehicles of the forfeiture by entering information relative	87419
to the forfeiture on a form approved and furnished by the	87420
registrar and sending the form to the registrar. The court also	87421
shall forward the person's license, if it is in the possession of	87422
the court, to the registrar.	87423

The registrar shall impose a class F suspension of the	87424
person's driver's or commercial driver's license, or temporary	87425
instruction permit for the period of time specified in division	87426
(B)(6) of section 4510.02 of the Revised Code on any person who is	87427
named in a declaration received by the registrar under this	87428
section. The registrar shall send written notification of the	87429
suspension to the person at the person's last known address and,	87430
if the person is in possession of the license, order the person to	87431
surrender the person's license or permit to the registrar within	87432
forty-eight hours.	87433

No valid driver's or commercial driver's license shall be	87434
granted to the person after the suspension, unless the court	87435
having jurisdiction of the offense that led to the suspension	87436
orders that the forfeiture be terminated. The court shall order	87437
the termination of the forfeiture if the person thereafter appears	87438
to answer the charge and pays any fine imposed by the court or	87439
pays the fine originally imposed by the court. The court shall	87440
inform the registrar of the termination of the forfeiture by	87441
entering information relative to the termination on a form	87442
approved and furnished by the registrar and sending the form to	87443
the registrar. The person shall pay to the registrar of motor	87444
vehicles ~~or an eligible deputy registrar~~ a twenty-five-dollar	87445
reinstatement fee. ~~In addition, each deputy registrar shall~~	87446
~~collect a service fee of ten dollars to compensate the deputy~~	87447
~~registrar for services performed under this section. The deputy~~	87448
~~registrar shall retain eight dollars of the service fee and shall~~	87449
~~transmit the reinstatement fee, plus two dollars of the service~~	87450
~~fee, to the registrar in the manner the registrar shall determine.~~	87451
The registrar shall deposit fifteen dollars of the reinstatement	87452
fee into the state treasury to the credit of the state bureau of	87453
motor vehicles fund created by section 4501.25 of the Revised Code	87454
to cover the costs of the bureau in administering this section and	87455
shall deposit ten dollars of the fee into the state treasury to	87456
the credit of the indigent defense support fund created by section	87457
120.08 of the Revised Code.	87458

(B) In addition to suspending the driver's or commercial	87459
driver's license or permit of the person named in a declaration of	87460
forfeiture, the registrar, upon receipt from the court of the copy	87461
of the declaration of forfeiture, shall take any measures that may	87462
be necessary to ensure that neither the registrar nor any deputy	87463
registrar accepts any application for the registration or transfer	87464
of registration of any motor vehicle owned or leased by the person	87465
named in the declaration of forfeiture. However, for a motor	87466
vehicle leased by a person named in a declaration of forfeiture,	87467
the registrar shall not implement the preceding sentence until the	87468
registrar adopts procedures for that implementation under section	87469
4503.39 of the Revised Code. The period of denial of registration	87470
or transfer shall continue until such time as the court having	87471
jurisdiction of the offense that led to the suspension orders the	87472
forfeiture be terminated. Upon receipt by the registrar of an	87473
order terminating the forfeiture, the registrar also shall take	87474
any measures that may be necessary to permit the person to	87475
register a motor vehicle owned or leased by the person or to	87476
transfer the registration of such a motor vehicle, if the person	87477
later makes application to take such action and otherwise is	87478
eligible to register the motor vehicle or to transfer its	87479
registration.	87480

The registrar shall not be required to give effect to any	87481
declaration of forfeiture or order terminating a forfeiture	87482
provided by a court under this section unless the information	87483
contained in the declaration or order is transmitted to the	87484
registrar by means of an electronic transfer system. The registrar	87485
shall not restore the person's driving or vehicle registration	87486
privileges until the person pays the reinstatement fee as provided	87487
in this section.	87488

The period of denial relating to the issuance or transfer of	87489
a certificate of registration for a motor vehicle imposed pursuant	87490
to this division remains in effect until the person pays any fine	87491
imposed by the court relative to the offense.	87492

Sec. 4510.72. (A) A fee of thirty dollars shall be charged	87493
by the registrar of motor vehicles ~~or an eligible deputy registrar~~	87494
for the reinstatement of any driver's license suspended pursuant	87495
to division (A) of Article IV of the compact enacted in section	87496
4510.71 of the Revised Code. ~~In addition, each deputy registrar~~	87497
~~shall collect a service fee of ten dollars to compensate the~~	87498
~~deputy registrar for services performed under this section. The~~	87499
~~deputy registrar shall retain eight dollars of the service fee and~~	87500
~~shall transmit the reinstatement fee, plus two dollars of the~~	87501
~~service fee, to the registrar in the manner the registrar shall~~	87502
~~determine.~~	87503

(B) Pursuant to division (A) of Article VI of the nonresident	87504
violator compact of 1977 enacted in section 4510.71 of the Revised	87505
Code, the director of public safety shall serve as the compact	87506
administrator for Ohio.	87507

Sec. 4511.191. (A)(1) As used in this section:

87508

(a) "Physical control" has the same meaning as in section	87509
4511.194 of the Revised Code.	87510

(b) "Alcohol monitoring device" means any device that	87511
provides for continuous alcohol monitoring, any ignition interlock	87512
device, any immobilizing or disabling device other than an	87513
ignition interlock device that is constantly available to monitor	87514
the concentration of alcohol in a person's system, or any other	87515
device that provides for the automatic testing and periodic	87516
reporting of alcohol consumption by a person and that a court	87517
orders a person to use as a sanction imposed as a result of the	87518
person's conviction of or plea of guilty to an offense.	87519

(2) Any person who operates a vehicle, streetcar, or	87520
trackless trolley upon a highway or any public or private property	87521
used by the public for vehicular travel or parking within this	87522
state or who is in physical control of a vehicle, streetcar, or	87523
trackless trolley shall be deemed to have given consent to a	87524
chemical test or tests of the person's whole blood, blood serum or	87525
plasma, breath, or urine to determine the alcohol, drug of abuse,	87526
controlled substance, metabolite of a controlled substance, or	87527
combination content of the person's whole blood, blood serum or	87528
plasma, breath, or urine if arrested for a violation of division	87529
(A) or (B) of section 4511.19 of the Revised Code, section	87530
4511.194 of the Revised Code or a substantially equivalent	87531
municipal ordinance, or a municipal OVI ordinance.	87532

(3) The chemical test or tests under division (A)(2) of this	87533
section shall be administered at the request of a law enforcement	87534
officer having reasonable grounds to believe the person was	87535
operating or in physical control of a vehicle, streetcar, or	87536
trackless trolley in violation of a division, section, or	87537
ordinance identified in division (A)(2) of this section. The law	87538
enforcement agency by which the officer is employed shall	87539
designate which of the tests shall be administered.	87540

(4) Any person who is dead or unconscious, or who otherwise	87541
is in a condition rendering the person incapable of refusal, shall	87542
be deemed to have consented as provided in division (A)(2) of this	87543
section, and the test or tests may be administered, subject to	87544
sections 313.12 to 313.16 of the Revised Code.	87545

(5)(a) If a law enforcement officer arrests a person for a	87546
violation of division (A) or (B) of section 4511.19 of the Revised	87547
Code, section 4511.194 of the Revised Code or a substantially	87548
equivalent municipal ordinance, or a municipal OVI ordinance and	87549
if the person if convicted would be required to be sentenced under	87550
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	87551
Code, the law enforcement officer shall request the person to	87552
submit, and the person shall submit, to a chemical test or tests	87553
of the person's whole blood, blood serum or plasma, breath, or	87554
urine for the purpose of determining the alcohol, drug of abuse,	87555
controlled substance, metabolite of a controlled substance, or	87556
combination content of the person's whole blood, blood serum or	87557
plasma, breath, or urine. A law enforcement officer who makes a	87558
request pursuant to this division that a person submit to a	87559
chemical test or tests is not required to advise the person of the	87560
consequences of submitting to, or refusing to submit to, the test	87561
or tests and is not required to give the person the form described	87562
in division (B) of section 4511.192 of the Revised Code, but the	87563
officer shall advise the person at the time of the arrest that if	87564
the person refuses to take a chemical test the officer may employ	87565
whatever reasonable means are necessary to ensure that the person	87566
submits to a chemical test of the person's whole blood or blood	87567
serum or plasma. The officer shall also advise the person at the	87568
time of the arrest that the person may have an independent	87569
chemical test taken at the person's own expense. Divisions (A)(3)	87570
and (4) of this section apply to the administration of a chemical	87571
test or tests pursuant to this division.	87572

(b) If a person refuses to submit to a chemical test upon a	87573
request made pursuant to division (A)(5)(a) of this section, the	87574
law enforcement officer who made the request may employ whatever	87575
reasonable means are necessary to ensure that the person submits	87576
to a chemical test of the person's whole blood or blood serum or	87577
plasma. A law enforcement officer who acts pursuant to this	87578
division to ensure that a person submits to a chemical test of the	87579
person's whole blood or blood serum or plasma is immune from	87580
criminal and civil liability based upon a claim for assault and	87581
battery or any other claim for the acts, unless the officer so	87582
acted with malicious purpose, in bad faith, or in a wanton or	87583
reckless manner.	87584

(B)(1) Upon receipt of the sworn report of a law enforcement	87585
officer who arrested a person for a violation of division (A) or	87586
(B) of section 4511.19 of the Revised Code, section 4511.194 of	87587
the Revised Code or a substantially equivalent municipal	87588
ordinance, or a municipal OVI ordinance that was completed and	87589
sent to the registrar of motor vehicles and a court pursuant to	87590
section 4511.192 of the Revised Code in regard to a person who	87591
refused to take the designated chemical test, the registrar shall	87592
enter into the registrar's records the fact that the person's	87593
driver's or commercial driver's license or permit or nonresident	87594
operating privilege was suspended by the arresting officer under	87595
this division and that section and the period of the suspension,	87596
as determined under this section. The suspension shall be subject	87597
to appeal as provided in section 4511.197 of the Revised Code. The	87598
suspension shall be for whichever of the following periods	87599
applies:	87600

(a) Except when division (B)(1)(b), (c), or (d) of this	87601
section applies and specifies a different class or length of	87602
suspension, the suspension shall be a class C suspension for the	87603
period of time specified in division (B)(3) of section 4510.02 of	87604
the Revised Code.	87605

(b) If the arrested person, within six years of the date on	87606
which the person refused the request to consent to the chemical	87607
test, had refused one previous request to consent to a chemical	87608
test or had been convicted of or pleaded guilty to one violation	87609
of division (A) or (B) of section 4511.19 of the Revised Code or	87610
one other equivalent offense, the suspension shall be a class B	87611
suspension imposed for the period of time specified in division	87612
(B)(2) of section 4510.02 of the Revised Code.	87613

(c) If the arrested person, within six years of the date on	87614
which the person refused the request to consent to the chemical	87615
test, had refused two previous requests to consent to a chemical	87616
test, had been convicted of or pleaded guilty to two violations of	87617
division (A) or (B) of section 4511.19 of the Revised Code or	87618
other equivalent offenses, or had refused one previous request to	87619
consent to a chemical test and also had been convicted of or	87620
pleaded guilty to one violation of division (A) or (B) of section	87621
4511.19 of the Revised Code or other equivalent offenses, which	87622
violation or offense arose from an incident other than the	87623
incident that led to the refusal, the suspension shall be a class	87624
A suspension imposed for the period of time specified in division	87625
(B)(1) of section 4510.02 of the Revised Code.	87626

(d) If the arrested person, within six years of the date on	87627
which the person refused the request to consent to the chemical	87628
test, had refused three or more previous requests to consent to a	87629
chemical test, had been convicted of or pleaded guilty to three or	87630
more violations of division (A) or (B) of section 4511.19 of the	87631
Revised Code or other equivalent offenses, or had refused a number	87632
of previous requests to consent to a chemical test and also had	87633
been convicted of or pleaded guilty to a number of violations of	87634
division (A) or (B) of section 4511.19 of the Revised Code or	87635
other equivalent offenses that cumulatively total three or more	87636
such refusals, convictions, and guilty pleas, the suspension shall	87637
be for five years.	87638

(2) The registrar shall terminate a suspension of the	87639
driver's or commercial driver's license or permit of a resident or	87640
of the operating privilege of a nonresident, or a denial of a	87641
driver's or commercial driver's license or permit, imposed	87642
pursuant to division (B)(1) of this section upon receipt of notice	87643
that the person has entered a plea of guilty to, or that the	87644
person has been convicted after entering a plea of no contest to,	87645
operating a vehicle in violation of section 4511.19 of the Revised	87646
Code or in violation of a municipal OVI ordinance, if the offense	87647
for which the conviction is had or the plea is entered arose from	87648
the same incident that led to the suspension or denial.	87649

The registrar shall credit against any judicial suspension of	87650
a person's driver's or commercial driver's license or permit or	87651
nonresident operating privilege imposed pursuant to section	87652
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	87653
Revised Code for a violation of a municipal OVI ordinance, any	87654
time during which the person serves a related suspension imposed	87655
pursuant to division (B)(1) of this section.	87656

(C)(1) Upon receipt of the sworn report of the law	87657
enforcement officer who arrested a person for a violation of	87658
division (A) or (B) of section 4511.19 of the Revised Code or a	87659
municipal OVI ordinance that was completed and sent to the	87660
registrar and a court pursuant to section 4511.192 of the Revised	87661
Code in regard to a person whose test results indicate that the	87662
person's whole blood, blood serum or plasma, breath, or urine	87663
contained at least the concentration of alcohol specified in	87664
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	87665
Revised Code or at least the concentration of a listed controlled	87666
substance or a listed metabolite of a controlled substance	87667
specified in division (A)(1)(j) of section 4511.19 of the Revised	87668
Code, the registrar shall enter into the registrar's records the	87669
fact that the person's driver's or commercial driver's license or	87670
permit or nonresident operating privilege was suspended by the	87671
arresting officer under this division and section 4511.192 of the	87672
Revised Code and the period of the suspension, as determined under	87673
divisions (C)(1)(a) to (d) of this section. The suspension shall	87674
be subject to appeal as provided in section 4511.197 of the	87675
Revised Code. The suspension described in this division does not	87676
apply to, and shall not be imposed upon, a person arrested for a	87677
violation of section 4511.194 of the Revised Code or a	87678
substantially equivalent municipal ordinance who submits to a	87679
designated chemical test. The suspension shall be for whichever of	87680
the following periods applies:	87681

(a) Except when division (C)(1)(b), (c), or (d) of this	87682
section applies and specifies a different period, the suspension	87683
shall be a class E suspension imposed for the period of time	87684
specified in division (B)(5) of section 4510.02 of the Revised	87685
Code.	87686

(b) The suspension shall be a class C suspension for the	87687
period of time specified in division (B)(3) of section 4510.02 of	87688
the Revised Code if the person has been convicted of or pleaded	87689
guilty to, within six years of the date the test was conducted,	87690
one violation of division (A) or (B) of section 4511.19 of the	87691
Revised Code or one other equivalent offense.	87692

(c) If, within six years of the date the test was conducted,	87693
the person has been convicted of or pleaded guilty to two	87694
violations of a statute or ordinance described in division	87695
(C)(1)(b) of this section, the suspension shall be a class B	87696
suspension imposed for the period of time specified in division	87697
(B)(2) of section 4510.02 of the Revised Code.	87698

(d) If, within six years of the date the test was conducted,	87699
the person has been convicted of or pleaded guilty to more than	87700
two violations of a statute or ordinance described in division	87701
(C)(1)(b) of this section, the suspension shall be a class A	87702
suspension imposed for the period of time specified in division	87703
(B)(1) of section 4510.02 of the Revised Code.	87704

(2) The registrar shall terminate a suspension of the	87705
driver's or commercial driver's license or permit of a resident or	87706
of the operating privilege of a nonresident, or a denial of a	87707
driver's or commercial driver's license or permit, imposed	87708
pursuant to division (C)(1) of this section upon receipt of notice	87709
that the person has entered a plea of guilty to, or that the	87710
person has been convicted after entering a plea of no contest to,	87711
operating a vehicle in violation of section 4511.19 of the Revised	87712
Code or in violation of a municipal OVI ordinance, if the offense	87713
for which the conviction is had or the plea is entered arose from	87714
the same incident that led to the suspension or denial.	87715

The registrar shall credit against any judicial suspension of	87716
a person's driver's or commercial driver's license or permit or	87717
nonresident operating privilege imposed pursuant to section	87718
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	87719
Revised Code for a violation of a municipal OVI ordinance, any	87720
time during which the person serves a related suspension imposed	87721
pursuant to division (C)(1) of this section.	87722

(D)(1) A suspension of a person's driver's or commercial	87723
driver's license or permit or nonresident operating privilege	87724
under this section for the time described in division (B) or (C)	87725
of this section is effective immediately from the time at which	87726
the arresting officer serves the notice of suspension upon the	87727
arrested person. Any subsequent finding that the person is not	87728
guilty of the charge that resulted in the person being requested	87729
to take the chemical test or tests under division (A) of this	87730
section does not affect the suspension.	87731

(2) If a person is arrested for operating a vehicle,	87732
streetcar, or trackless trolley in violation of division (A) or	87733
(B) of section 4511.19 of the Revised Code or a municipal OVI	87734
ordinance, or for being in physical control of a vehicle,	87735
streetcar, or trackless trolley in violation of section 4511.194	87736
of the Revised Code or a substantially equivalent municipal	87737
ordinance, regardless of whether the person's driver's or	87738
commercial driver's license or permit or nonresident operating	87739
privilege is or is not suspended under division (B) or (C) of this	87740
section or Chapter 4510. of the Revised Code, the person's initial	87741
appearance on the charge resulting from the arrest shall be held	87742
within five days of the person's arrest or the issuance of the	87743
citation to the person, subject to any continuance granted by the	87744
court pursuant to section 4511.197 of the Revised Code regarding	87745
the issues specified in that division.	87746

(E) When it finally has been determined under the procedures	87747
of this section and sections 4511.192 to 4511.197 of the Revised	87748
Code that a nonresident's privilege to operate a vehicle within	87749
this state has been suspended, the registrar shall give	87750
information in writing of the action taken to the motor vehicle	87751
administrator of the state of the person's residence and of any	87752
state in which the person has a license.	87753

(F) At the end of a suspension period under this section,	87754
under section 4511.194, section 4511.196, or division (G) of	87755
section 4511.19 of the Revised Code, or under section 4510.07 of	87756
the Revised Code for a violation of a municipal OVI ordinance and	87757
upon the request of the person whose driver's or commercial	87758
driver's license or permit was suspended and who is not otherwise	87759
subject to suspension, cancellation, or disqualification, the	87760
registrar shall return the driver's or commercial driver's license	87761
or permit to the person upon the occurrence of all of the	87762
conditions specified in divisions (F)(1) and (2) of this section:	87763

(1) A showing that the person has proof of financial	87764
responsibility, a policy of liability insurance in effect that	87765
meets the minimum standards set forth in section 4509.51 of the	87766
Revised Code, or proof, to the satisfaction of the registrar, that	87767
the person is able to respond in damages in an amount at least	87768
equal to the minimum amounts specified in section 4509.51 of the	87769
Revised Code.	87770

(2) Subject to the limitation contained in division (F)(3) of	87771
this section, payment by the person to the registrar ~~of motor~~	87772
~~vehicles or an eligible deputy registrar~~ of a license	87773
reinstatement fee of four hundred seventy-five dollars, which fee	87774
shall be deposited in the state treasury and credited as follows:	87775

(a) One hundred twelve dollars and fifty cents shall be	87776
credited to the statewide treatment and prevention fund created by	87777
section 4301.30 of the Revised Code. ~~The~~Money credited to the	87778
fund under this section shall be used ~~to pay the costs of driver~~	87779
~~treatment and intervention programs operated pursuant to sections~~	87780
~~3793.02 and 3793.10~~for purposes identified in the comprehensive	87781
statewide alcohol and drug addiction services plan developed under	87782
section 3793.04 of the Revised Code. ~~The director of alcohol and~~	87783
~~drug addiction services shall determine the share of the fund that~~	87784
~~is to be allocated to alcohol and drug addiction programs~~	87785
~~authorized by section 3793.02 of the Revised Code, and the share~~	87786
~~of the fund that is to be allocated to drivers' intervention~~	87787
~~programs authorized by section 3793.10 of the Revised Code.~~	87788

(b) Seventy-five dollars shall be credited to the reparations	87789
fund created by section 2743.191 of the Revised Code.	87790

(c) Thirty-seven dollars and fifty cents shall be credited to	87791
the indigent drivers alcohol treatment fund, which is hereby	87792
established in the state treasury. Except as otherwise provided in	87793
division (F)(2)(c) of this section, moneys in the fund shall be	87794
distributed by the department of alcohol and drug addiction	87795
services to the county indigent drivers alcohol treatment funds,	87796
the county juvenile indigent drivers alcohol treatment funds, and	87797
the municipal indigent drivers alcohol treatment funds that are	87798
required to be established by counties and municipal corporations	87799
pursuant to division (H) of this section, and shall be used only	87800
to pay the cost of an alcohol and drug addiction treatment program	87801
attended by an offender or juvenile traffic offender who is	87802
ordered to attend an alcohol and drug addiction treatment program	87803
by a county, juvenile, or municipal court judge and who is	87804
determined by the county, juvenile, or municipal court judge not	87805
to have the means to pay for the person's attendance at the	87806
program or to pay the costs specified in division (H)(4) of this	87807
section in accordance with that division. In addition, a county,	87808
juvenile, or municipal court judge may use moneys in the county	87809
indigent drivers alcohol treatment fund, county juvenile indigent	87810
drivers alcohol treatment fund, or municipal indigent drivers	87811
alcohol treatment fund to pay for the cost of the continued use of	87812
an alcohol monitoring device as described in divisions (H)(3) and	87813
(4) of this section. Moneys in the fund that are not distributed	87814
to a county indigent drivers alcohol treatment fund, a county	87815
juvenile indigent drivers alcohol treatment fund, or a municipal	87816
indigent drivers alcohol treatment fund under division (H) of this	87817
section because the director of alcohol and drug addiction	87818
services does not have the information necessary to identify the	87819
county or municipal corporation where the offender or juvenile	87820
offender was arrested may be transferred by the director of budget	87821
and management to the statewide treatment and prevention fund	87822
created by section 4301.30 of the Revised Code, upon certification	87823
of the amount by the director of alcohol and drug addiction	87824
services.	87825

(d) Seventy-five dollars shall be credited to the Ohio	87826
rehabilitation services commission established by section 3304.12	87827
of the Revised Code, to the services for rehabilitation fund,	87828
which is hereby established. The fund shall be used to match	87829
available federal matching funds where appropriate, and for any	87830
other purpose or program of the commission to rehabilitate people	87831
with disabilities to help them become employed and independent.	87832

(e) Seventy-five dollars shall be deposited into the state	87833
treasury and credited to the drug abuse resistance education	87834
programs fund, which is hereby established, to be used by the	87835
attorney general for the purposes specified in division (F)(4) of	87836
this section.	87837

(f) Thirty dollars shall be credited to the state bureau of	87838
motor vehicles fund created by section 4501.25 of the Revised	87839
Code.	87840

(g) Twenty dollars shall be credited to the trauma and	87841
emergency medical services grants fund created by section 4513.263	87842
of the Revised Code.	87843

(h) Fifty dollars shall be credited to the indigent drivers	87844
interlock and alcohol monitoring fund, which is hereby established	87845
in the state treasury. ~~Monies~~Moneys in the fund shall be	87846
distributed by the department of public safety to the county	87847
indigent drivers interlock and alcohol monitoring funds, the	87848
county juvenile indigent drivers interlock and alcohol monitoring	87849
funds, and the municipal indigent drivers interlock and alcohol	87850
monitoring funds that are required to be established by counties	87851
and municipal corporations pursuant to this section, and shall be	87852
used only to pay the cost of an immobilizing or disabling device,	87853
including a certified ignition interlock device, or an alcohol	87854
monitoring device used by an offender or juvenile offender who is	87855
ordered to use the device by a county, juvenile, or municipal	87856
court judge and who is determined by the county, juvenile, or	87857
municipal court judge not to have the means to pay for the	87858
person's use of the device.	87859

(3) If a person's driver's or commercial driver's license or	87860
permit is suspended under this section, under section 4511.196 or	87861
division (G) of section 4511.19 of the Revised Code, under section	87862
4510.07 of the Revised Code for a violation of a municipal OVI	87863
ordinance or under any combination of the suspensions described in	87864
division (F)(3) of this section, and if the suspensions arise from	87865
a single incident or a single set of facts and circumstances, the	87866
person is liable for payment of, and shall be required to pay to	87867
the registrar ~~or an eligible deputy registrar~~, only one	87868
reinstatement fee of four hundred seventy-five dollars. The	87869
reinstatement fee shall be distributed by the bureau in accordance	87870
with division (F)(2) of this section.	87871

(4) The attorney general shall use amounts in the drug abuse	87872
resistance education programs fund to award grants to law	87873
enforcement agencies to establish and implement drug abuse	87874
resistance education programs in public schools. Grants awarded to	87875
a law enforcement agency under this section shall be used by the	87876
agency to pay for not more than fifty per cent of the amount of	87877
the salaries of law enforcement officers who conduct drug abuse	87878
resistance education programs in public schools. The attorney	87879
general shall not use more than six per cent of the amounts the	87880
attorney general's office receives under division (F)(2)(e) of	87881
this section to pay the costs it incurs in administering the grant	87882
program established by division (F)(2)(e) of this section and in	87883
providing training and materials relating to drug abuse resistance	87884
education programs.	87885

The attorney general shall report to the governor and the	87886
general assembly each fiscal year on the progress made in	87887
establishing and implementing drug abuse resistance education	87888
programs. These reports shall include an evaluation of the	87889
effectiveness of these programs.	87890

~~(5) In addition to the reinstatement fee under this section,~~	87891
~~if the person pays the reinstatement fee to a deputy registrar,~~	87892
~~the deputy registrar shall collect a service fee of ten dollars to~~	87893
~~compensate the deputy registrar for services performed under this~~	87894
~~section. The deputy registrar shall retain eight dollars of the~~	87895
~~service fee and shall transmit the reinstatement fee, plus two~~	87896
~~dollars of the service fee, to the registrar in the manner the~~	87897
~~registrar shall determine.~~	87898

(G) Suspension of a commercial driver's license under	87899
division (B) or (C) of this section shall be concurrent with any	87900
period of disqualification under section 3123.611 or 4506.16 of	87901
the Revised Code or any period of suspension under section 3123.58	87902
of the Revised Code. No person who is disqualified for life from	87903
holding a commercial driver's license under section 4506.16 of the	87904
Revised Code shall be issued a driver's license under Chapter	87905
4507. of the Revised Code during the period for which the	87906
commercial driver's license was suspended under division (B) or	87907
(C) of this section. No person whose commercial driver's license	87908
is suspended under division (B) or (C) of this section shall be	87909
issued a driver's license under Chapter 4507. of the Revised Code	87910
during the period of the suspension.	87911

(H)(1) Each county shall establish an indigent drivers	87912
alcohol treatment fund, each county shall establish a juvenile	87913
indigent drivers alcohol treatment fund, and each municipal	87914
corporation in which there is a municipal court shall establish an	87915
indigent drivers alcohol treatment fund. All revenue that the	87916
general assembly appropriates to the indigent drivers alcohol	87917
treatment fund for transfer to a county indigent drivers alcohol	87918
treatment fund, a county juvenile indigent drivers alcohol	87919
treatment fund, or a municipal indigent drivers alcohol treatment	87920
fund, all portions of fees that are paid under division (F) of	87921
this section and that are credited under that division to the	87922
indigent drivers alcohol treatment fund in the state treasury for	87923
a county indigent drivers alcohol treatment fund, a county	87924
juvenile indigent drivers alcohol treatment fund, or a municipal	87925
indigent drivers alcohol treatment fund, all portions of	87926
additional costs imposed under section 2949.094 of the Revised	87927
Code that are specified for deposit into a county, county	87928
juvenile, or municipal indigent drivers alcohol treatment fund by	87929
that section, and all portions of fines that are specified for	87930
deposit into a county or municipal indigent drivers alcohol	87931
treatment fund by section 4511.193 of the Revised Code shall be	87932
deposited into that county indigent drivers alcohol treatment	87933
fund, county juvenile indigent drivers alcohol treatment fund, or	87934
municipal indigent drivers alcohol treatment fund. The portions of	87935
the fees paid under division (F) of this section that are to be so	87936
deposited shall be determined in accordance with division (H)(2)	87937
of this section. Additionally, all portions of fines that are paid	87938
for a violation of section 4511.19 of the Revised Code or of any	87939
prohibition contained in Chapter 4510. of the Revised Code, and	87940
that are required under section 4511.19 or any provision of	87941
Chapter 4510. of the Revised Code to be deposited into a county	87942
indigent drivers alcohol treatment fund or municipal indigent	87943
drivers alcohol treatment fund shall be deposited into the	87944
appropriate fund in accordance with the applicable division of the	87945
section or provision.	87946

(2) That portion of the license reinstatement fee that is	87947
paid under division (F) of this section and that is credited under	87948
that division to the indigent drivers alcohol treatment fund shall	87949
be deposited into a county indigent drivers alcohol treatment	87950
fund, a county juvenile indigent drivers alcohol treatment fund,	87951
or a municipal indigent drivers alcohol treatment fund as follows:	87952

(a) Regarding a suspension imposed under this section, that	87953
portion of the fee shall be deposited as follows:	87954

(i) If the fee is paid by a person who was charged in a	87955
county court with the violation that resulted in the suspension or	87956
in the imposition of the court costs, the portion shall be	87957
deposited into the county indigent drivers alcohol treatment fund	87958
under the control of that court;	87959

(ii) If the fee is paid by a person who was charged in a	87960
juvenile court with the violation that resulted in the suspension	87961
or in the imposition of the court costs, the portion shall be	87962
deposited into the county juvenile indigent drivers alcohol	87963
treatment fund established in the county served by the court;	87964

(iii) If the fee is paid by a person who was charged in a	87965
municipal court with the violation that resulted in the suspension	87966
or in the imposition of the court costs, the portion shall be	87967
deposited into the municipal indigent drivers alcohol treatment	87968
fund under the control of that court.	87969

(b) Regarding a suspension imposed under section 4511.19 of	87970
the Revised Code or under section 4510.07 of the Revised Code for	87971
a violation of a municipal OVI ordinance, that portion of the fee	87972
shall be deposited as follows:	87973

(i) If the fee is paid by a person whose license or permit	87974
was suspended by a county court, the portion shall be deposited	87975
into the county indigent drivers alcohol treatment fund under the	87976
control of that court;	87977

(ii) If the fee is paid by a person whose license or permit	87978
was suspended by a municipal court, the portion shall be deposited	87979
into the municipal indigent drivers alcohol treatment fund under	87980
the control of that court.	87981

(3) Expenditures from a county indigent drivers alcohol	87982
treatment fund, a county juvenile indigent drivers alcohol	87983
treatment fund, or a municipal indigent drivers alcohol treatment	87984
fund shall be made only upon the order of a county, juvenile, or	87985
municipal court judge and only for payment of the cost of an	87986
assessment or the cost of the attendance at an alcohol and drug	87987
addiction treatment program of a person who is convicted of, or	87988
found to be a juvenile traffic offender by reason of, a violation	87989
of division (A) of section 4511.19 of the Revised Code or a	87990
substantially similar municipal ordinance, who is ordered by the	87991
court to attend the alcohol and drug addiction treatment program,	87992
and who is determined by the court to be unable to pay the cost of	87993
the assessment or the cost of attendance at the treatment program	87994
or for payment of the costs specified in division (H)(4) of this	87995
section in accordance with that division. The alcohol and drug	87996
addiction services board or the board of alcohol, drug addiction,	87997
and mental health services established pursuant to section 340.02	87998
or 340.021 of the Revised Code and serving the alcohol, drug	87999
addiction, and mental health service district in which the court	88000
is located shall administer the indigent drivers alcohol treatment	88001
program of the court. When a court orders an offender or juvenile	88002
traffic offender to obtain an assessment or attend an alcohol and	88003
drug addiction treatment program, the board shall determine which	88004
program is suitable to meet the needs of the offender or juvenile	88005
traffic offender, and when a suitable program is located and space	88006
is available at the program, the offender or juvenile traffic	88007
offender shall attend the program designated by the board. A	88008
reasonable amount not to exceed five per cent of the amounts	88009
credited to and deposited into the county indigent drivers alcohol	88010
treatment fund, the county juvenile indigent drivers alcohol	88011
treatment fund, or the municipal indigent drivers alcohol	88012
treatment fund serving every court whose program is administered	88013
by that board shall be paid to the board to cover the costs it	88014
incurs in administering those indigent drivers alcohol treatment	88015
programs.	88016

In addition, upon exhaustion of moneys in the indigent	88017
drivers interlock and alcohol monitoring fund for the use of an	88018
alcohol monitoring device, a county, juvenile, or municipal court	88019
judge may use moneys in the county indigent drivers alcohol	88020
treatment fund, county juvenile indigent drivers alcohol treatment	88021
fund, or municipal indigent drivers alcohol treatment fund in the	88022
following manners:	88023

(a) If the source of the moneys was an appropriation of the	88024
general assembly, a portion of a fee that was paid under division	88025
(F) of this section, a portion of a fine that was specified for	88026
deposit into the fund by section 4511.193 of the Revised Code, or	88027
a portion of a fine that was paid for a violation of section	88028
4511.19 of the Revised Code or of a provision contained in Chapter	88029
4510. of the Revised Code that was required to be deposited into	88030
the fund, to pay for the continued use of an alcohol monitoring	88031
device by an offender or juvenile traffic offender, in conjunction	88032
with a treatment program approved by the department of alcohol and	88033
drug addiction services, when such use is determined clinically	88034
necessary by the treatment program and when the court determines	88035
that the offender or juvenile traffic offender is unable to pay	88036
all or part of the daily monitoring or cost of the device;	88037

(b) If the source of the moneys was a portion of an	88038
additional court cost imposed under section 2949.094 of the	88039
Revised Code, to pay for the continued use of an alcohol	88040
monitoring device by an offender or juvenile traffic offender when	88041
the court determines that the offender or juvenile traffic	88042
offender is unable to pay all or part of the daily monitoring or	88043
cost of the device. The moneys may be used for a device as	88044
described in this division if the use of the device is in	88045
conjunction with a treatment program approved by the department of	88046
alcohol and drug addiction services, when the use of the device is	88047
determined clinically necessary by the treatment program, but the	88048
use of a device is not required to be in conjunction with a	88049
treatment program approved by the department in order for the	88050
moneys to be used for the device as described in this division.	88051

(4) If a county, juvenile, or municipal court determines, in	88052
consultation with the alcohol and drug addiction services board or	88053
the board of alcohol, drug addiction, and mental health services	88054
established pursuant to section 340.02 or 340.021 of the Revised	88055
Code and serving the alcohol, drug addiction, and mental health	88056
district in which the court is located, that the funds in the	88057
county indigent drivers alcohol treatment fund, the county	88058
juvenile indigent drivers alcohol treatment fund, or the municipal	88059
indigent drivers alcohol treatment fund under the control of the	88060
court are more than sufficient to satisfy the purpose for which	88061
the fund was established, as specified in divisions (H)(1) to (3)	88062
of this section, the court may declare a surplus in the fund. If	88063
the court declares a surplus in the fund, the court may expend the	88064
amount of the surplus in the fund for:	88065

(a) Alcohol and drug abuse assessment and treatment of	88066
persons who are charged in the court with committing a criminal	88067
offense or with being a delinquent child or juvenile traffic	88068
offender and in relation to whom both of the following apply:	88069

(i) The court determines that substance abuse was a	88070
contributing factor leading to the criminal or delinquent activity	88071
or the juvenile traffic offense with which the person is charged.	88072

(ii) The court determines that the person is unable to pay	88073
the cost of the alcohol and drug abuse assessment and treatment	88074
for which the surplus money will be used.	88075

(b) All or part of the cost of purchasing alcohol monitoring	88076
devices to be used in conjunction with division (H)(3) of this	88077
section, upon exhaustion of moneys in the indigent drivers	88078
interlock and alcohol monitoring fund for the use of an alcohol	88079
monitoring device.	88080

(5) For the purpose of determining as described in division	88081
(F)(2)(c) of this section whether an offender does not have the	88082
means to pay for the offender's attendance at an alcohol and drug	88083
addiction treatment program or whether an alleged offender or	88084
delinquent child is unable to pay the costs specified in division	88085
(H)(4) of this section, the court shall use the indigent client	88086
eligibility guidelines and the standards of indigency established	88087
by the state public defender to make the determination.	88088

(6) The court shall identify and refer any alcohol and drug	88089
addiction program that is not certified under section 3793.06 of	88090
the Revised Code and that is interested in receiving amounts from	88091
the surplus in the fund declared under division (H)(4) of this	88092
section to the department of alcohol and drug addiction services	88093
in order for the program to become a certified alcohol and drug	88094
addiction program. The department shall keep a record of applicant	88095
referrals received pursuant to this division and shall submit a	88096
report on the referrals each year to the general assembly. If a	88097
program interested in becoming certified makes an application to	88098
become certified pursuant to section 3793.06 of the Revised Code,	88099
the program is eligible to receive surplus funds as long as the	88100
application is pending with the department. The department of	88101
alcohol and drug addiction services must offer technical	88102
assistance to the applicant. If the interested program withdraws	88103
the certification application, the department must notify the	88104
court, and the court shall not provide the interested program with	88105
any further surplus funds.	88106

(7)(a) Each alcohol and drug addiction services board and	88107
board of alcohol, drug addiction, and mental health services	88108
established pursuant to section 340.02 or 340.021 of the Revised	88109
Code shall submit to the department of alcohol and drug addiction	88110
services an annual report for each indigent drivers alcohol	88111
treatment fund in that board's area.	88112

(b) The report, which shall be submitted not later than sixty	88113
days after the end of the state fiscal year, shall provide the	88114
total payment that was made from the fund, including the number of	88115
indigent consumers that received treatment services and the number	88116
of indigent consumers that received an alcohol monitoring device.	88117
The report shall identify the treatment program and expenditure	88118
for an alcohol monitoring device for which that payment was made.	88119
The report shall include the fiscal year balance of each indigent	88120
drivers alcohol treatment fund located in that board's area. In	88121
the event that a surplus is declared in the fund pursuant to	88122
division (H)(4) of this section, the report also shall provide the	88123
total payment that was made from the surplus moneys and identify	88124
the treatment program and expenditure for an alcohol monitoring	88125
device for which that payment was made. The department may require	88126
additional information necessary to complete the comprehensive	88127
statewide alcohol and drug addiction services plan as required by	88128
section 3793.04 of the Revised Code.	88129

(c) If a board is unable to obtain adequate information to	88130
develop the report to submit to the department for a particular	88131
indigent drivers alcohol treatment fund, the board shall submit a	88132
report detailing the effort made in obtaining the information.	88133

(I)(1) Each county shall establish an indigent drivers	88134
interlock and alcohol monitoring fund and a juvenile indigent	88135
drivers interlock and alcohol treatment fund, and each municipal	88136
corporation in which there is a municipal court shall establish an	88137
indigent drivers interlock and alcohol monitoring fund. All	88138
revenue that the general assembly appropriates to the indigent	88139
drivers interlock and alcohol monitoring fund for transfer to a	88140
county indigent drivers interlock and alcohol monitoring fund, a	88141
county juvenile indigent drivers interlock and alcohol monitoring	88142
fund, or a municipal indigent drivers interlock and alcohol	88143
monitoring fund, all portions of license reinstatement fees that	88144
are paid under division (F)(2) of this section and that are	88145
credited under that division to the indigent drivers interlock and	88146
alcohol monitoring fund in the state treasury, and all portions of	88147
fines that are paid under division (G) of section 4511.19 of the	88148
Revised Code and that are credited by division (G)(5)(e) of that	88149
section to the indigent drivers interlock and alcohol monitoring	88150
fund in the state treasury shall be deposited in the appropriate	88151
fund in accordance with division (I)(2) of this section.	88152

(2) That portion of the license reinstatement fee that is	88153
paid under division (F) of this section and that portion of the	88154
fine paid under division (G) of section 4511.19 of the Revised	88155
Code and that is credited under either division to the indigent	88156
drivers interlock and alcohol monitoring fund shall be deposited	88157
into a county indigent drivers interlock and alcohol monitoring	88158
fund, a county juvenile indigent drivers interlock and alcohol	88159
monitoring fund, or a municipal indigent drivers interlock and	88160
alcohol monitoring fund as follows:	88161

(a) If the fee or fine is paid by a person who was charged in	88162
a county court with the violation that resulted in the suspension	88163
or fine, the portion shall be deposited into the county indigent	88164
drivers interlock and alcohol monitoring fund under the control of	88165
that court.	88166

(b) If the fee or fine is paid by a person who was charged in	88167
a juvenile court with the violation that resulted in the	88168
suspension or fine, the portion shall be deposited into the county	88169
juvenile indigent drivers interlock and alcohol monitoring fund	88170
established in the county served by the court.	88171

(c) If the fee or fine is paid by a person who was charged in	88172
a municipal court with the violation that resulted in the	88173
suspension, the portion shall be deposited into the municipal	88174
indigent drivers interlock and alcohol monitoring fund under the	88175
control of that court.	88176

Sec. 4511.193. (A) Twenty-five dollars of any fine imposed	88177
for a violation of a municipal OVI ordinance shall be deposited	88178
into the municipal or county indigent drivers alcohol treatment	88179
fund created pursuant to division (H) of section 4511.191 of the	88180
Revised Code in accordance with this section and section 733.40,	88181
divisions (A) ~~and~~, (B), and (C) of section 1901.024, division (F)	88182
of section 1901.31, or division (C) of section 1907.20 of the	88183
Revised Code. Regardless of whether the fine is imposed by a	88184
municipal court, a mayor's court, or a juvenile court, if the fine	88185
was imposed for a violation of an ordinance of a municipal	88186
corporation that is within the jurisdiction of a county-operated	88187
municipal court or a municipal court that is not a county-operated	88188
municipal court, the twenty-five dollars that is subject to this	88189
section shall be deposited into the indigent drivers alcohol	88190
treatment fund of the county in which that municipal corporation	88191
is located if the municipal court that has jurisdiction over that	88192
municipal corporation is a county-operated municipal court or of	88193
the municipal corporation in which is located the municipal court	88194
that has jurisdiction over that municipal corporation if that	88195
municipal court is not a county-operated municipal court.	88196
Regardless of whether the fine is imposed by a county court, a	88197
mayor's court, or a juvenile court, if the fine was imposed for a	88198
violation of an ordinance of a municipal corporation that is	88199
within the jurisdiction of a county court, the twenty-five dollars	88200
that is subject to this section shall be deposited into the	88201
indigent drivers alcohol treatment fund of the county in which is	88202
located the county court that has jurisdiction over that municipal	88203
corporation. The deposit shall be made in accordance with section	88204
733.40, divisions (A) ~~and~~, (B), and (C) of section 1901.024,	88205
division (F) of section 1901.31, or division (C) of section	88206
1907.20 of the Revised Code.	88207

(B) Any court cost imposed as a result of a violation of a	88208
municipal ordinance that is a moving violation and designated for	88209
an indigent drivers alcohol treatment fund established pursuant to	88210
division (H) of section 4511.191 of the Revised Code shall be	88211
deposited into the municipal or county indigent drivers alcohol	88212
treatment fund created pursuant to division (H) of section	88213
4511.191 of the Revised Code in accordance with this section and	88214
section 733.40, divisions (A), (B), and (C) of section 1901.024,	88215
division (F) of section 1901.31, or division (C) of section	88216
1907.20 of the Revised Code. Regardless of whether the court cost	88217
is imposed by a municipal court, a mayor's court, or a juvenile	88218
court, if the court cost was imposed for a violation of an	88219
ordinance of a municipal corporation that is within the	88220
jurisdiction of a county-operated municipal court or a municipal	88221
court that is not a county-operated municipal court, the court	88222
cost that is subject to this section shall be deposited into the	88223
indigent drivers alcohol treatment fund of the county in which	88224
that municipal corporation is located if the municipal court that	88225
has jurisdiction over that municipal corporation is a	88226
county-operated municipal court or of the municipal corporation in	88227
which is located the municipal court that has jurisdiction over	88228
that municipal corporation if that municipal court is not a	88229
county-operated municipal court. Regardless of whether the court	88230
cost is imposed by a county court, a mayor's court, or a juvenile	88231
court, if the court cost was imposed for a violation of an	88232
ordinance of a municipal corporation that is within the	88233
jurisdiction of a county court, the court cost that is subject to	88234
this section shall be deposited into the indigent drivers alcohol	88235
treatment fund of the county in which is located the county court	88236
that has jurisdiction over that municipal corporation. The deposit	88237
shall be made in accordance with section 733.40, divisions (A),	88238
(B), and (C) of section 1901.024, division (F) of section 1901.31,	88239
or division (C) of section 1907.20 of the Revised Code.	88240

(C)(1) The requirements and sanctions imposed by divisions	88241
~~(B)~~(C)(1) and (2) of this section are an adjunct to and derive	88242
from the state's exclusive authority over the registration and	88243
titling of motor vehicles and do not comprise a part of the	88244
criminal sentence to be imposed upon a person who violates a	88245
municipal OVI ordinance.	88246

(2) If a person is convicted of or pleads guilty to a	88247
violation of a municipal OVI ordinance, if the vehicle the	88248
offender was operating at the time of the offense is registered in	88249
the offender's name, and if, within six years of the current	88250
offense, the offender has been convicted of or pleaded guilty to	88251
one or more violations of division (A) or (B) of section 4511.19	88252
of the Revised Code or one or more other equivalent offenses, the	88253
court, in addition to and independent of any sentence that it	88254
imposes upon the offender for the offense, shall do whichever of	88255
the following is applicable:	88256

(a) Except as otherwise provided in division ~~(B)~~(C)(2)(b) of	88257
this section, if, within six years of the current offense, the	88258
offender has been convicted of or pleaded guilty to one violation	88259
described in division ~~(B)~~(C)(2) of this section, the court shall	88260
order the immobilization for ninety days of that vehicle and the	88261
impoundment for ninety days of the license plates of that vehicle.	88262
The order for the immobilization and impoundment shall be issued	88263
and enforced in accordance with section 4503.233 of the Revised	88264
Code.	88265

(b) If, within six years of the current offense, the offender	88266
has been convicted of or pleaded guilty to two or more violations	88267
described in division ~~(B)~~(C)(2) of this section, or if the	88268
offender previously has been convicted of or pleaded guilty to a	88269
violation of division (A) of section 4511.19 of the Revised Code	88270
under circumstances in which the violation was a felony and	88271
regardless of when the violation and the conviction or guilty plea	88272
occurred, the court shall order the criminal forfeiture to the	88273
state of that vehicle. The order of criminal forfeiture shall be	88274
issued and enforced in accordance with section 4503.234 of the	88275
Revised Code.	88276

(D) As used in this section, "county-operated municipal	88277
court" has the same meaning as in section 1901.03 of the Revised	88278
Code.	88279

Sec. 4513.39. (A) The state highway patrol and sheriffs or	88280
their deputies shall exercise, to the exclusion of all other peace	88281
officers except within municipal corporations and except as	88282
specified in division (B) of this section and division (E) of	88283
section 2935.03 of the Revised Code, the power to make arrests for	88284
violations on all state highways, of sections 4503.11, 4503.21,	88285
4511.14 to 4511.16, 4511.20 to 4511.23, 4511.26 to 4511.40,	88286
4511.42 to 4511.48, 4511.58, 4511.59, 4511.62 to 4511.71, 4513.03	88287
to 4513.13, 4513.15 to 4513.22, 4513.24 to 4513.34, 4549.01,	88288
4549.08 to 4549.12, and 4549.62 of the Revised Code.	88289

(B) A member of the police force of a township police	88290
district created under section 505.48 of the Revised Code or of a	88291
joint police district created under section 505.482 of the Revised	88292
Code, and a township constable appointed pursuant to section	88293
509.01 of the Revised Code, who has received a certificate from	88294
the Ohio peace officer training commission under section 109.75 of	88295
the Revised Code, shall exercise the power to make arrests for	88296
violations of those sections listed in division (A) of this	88297
section, other than sections 4513.33 and 4513.34 of the Revised	88298
Code, as follows:	88299

(1) If the population of the township that created the	88300
township or joint police district served by the member's police	88301
force or the township that is served by the township constable is	88302
fifty thousand or less, the member or constable shall exercise	88303
that power on those portions of all state highways, except those	88304
highways included as part of the interstate system, as defined in	88305
section 5516.01 of the Revised Code, that are located within the	88306
township or joint police district, in the case of a member of a	88307
township or joint police district police force, or within the	88308
unincorporated territory of the township, in the case of a	88309
township constable;	88310

(2) If the population of the township that created the	88311
township or joint police district served by the member's police	88312
force or the township that is served by the township constable is	88313
greater than fifty thousand, the member or constable shall	88314
exercise that power on those portions of all state highways and	88315
highways included as part of the interstate highway system, as	88316
defined in section 5516.01 of the Revised Code, that are located	88317
within the township or joint police district, in the case of a	88318
member of a township or joint police district police force, or	88319
within the unincorporated territory of the township, in the case	88320
of a township constable.	88321

Sec. 4513.60. (A)(1) The sheriff of a county or chief of	88322
police of a municipal corporation, township, or township or joint	88323
police district, within the sheriff's or chief's respective	88324
territorial jurisdiction, upon complaint of any person adversely	88325
affected, may order into storage any motor vehicle, other than an	88326
abandoned junk motor vehicle as defined in section 4513.63 of the	88327
Revised Code, that has been left on private residential or private	88328
agricultural property for at least four hours without the	88329
permission of the person having the right to the possession of the	88330
property. The sheriff or chief of police, upon complaint of the	88331
owner of a repair garage or place of storage, may order into	88332
storage any motor vehicle, other than an abandoned junk motor	88333
vehicle, that has been left at the garage or place of storage for	88334
a longer period than that agreed upon. The place of storage shall	88335
be designated by the sheriff or chief of police. When ordering a	88336
motor vehicle into storage pursuant to this division, a sheriff or	88337
chief of police, whenever possible, shall arrange for the removal	88338
of the motor vehicle by a private tow truck operator or towing	88339
company. Subject to division (C) of this section, the owner of a	88340
motor vehicle that has been removed pursuant to this division may	88341
recover the vehicle only in accordance with division (E) of this	88342
section.	88343

(2) Divisions (A)(1) to (3) of this section do not apply to	88344
any private residential or private agricultural property that is	88345
established as a private tow-away zone in accordance with division	88346
(B) of this section.	88347

(3) As used in divisions (A)(1) and (2) of this section,	88348
"private residential property" means private property on which is	88349
located one or more structures that are used as a home, residence,	88350
or sleeping place by one or more persons, if no more than three	88351
separate households are maintained in the structure or structures.	88352
"Private residential property" does not include any private	88353
property on which is located one or more structures that are used	88354
as a home, residence, or sleeping place by two or more persons, if	88355
more than three separate households are maintained in the	88356
structure or structures.	88357

(B)(1) The owner of private property may establish a private	88358
tow-away zone only if all of the following conditions are	88359
satisfied:	88360

(a) The owner posts on the owner's property a sign, that is	88361
at least eighteen inches by twenty-four inches in size, that is	88362
visible from all entrances to the property, and that contains at	88363
least all of the following information:	88364

(i) A notice that the property is a private tow-away zone and	88365
that vehicles not authorized to park on the property will be towed	88366
away;	88367

(ii) The telephone number of the person from whom a	88368
towed-away vehicle can be recovered, and the address of the place	88369
to which the vehicle will be taken and the place from which it may	88370
be recovered;	88371

(iii) A statement that the vehicle may be recovered at any	88372
time during the day or night upon the submission of proof of	88373
ownership and the payment of a towing charge, in an amount not to	88374
exceed ninety dollars, and a storage charge, in an amount not to	88375
exceed twelve dollars per twenty-four-hour period; except that the	88376
charge for towing shall not exceed one hundred fifty dollars, and	88377
the storage charge shall not exceed twenty dollars per	88378
twenty-four-hour period, if the vehicle has a manufacturer's gross	88379
vehicle weight rating in excess of ten thousand pounds and is a	88380
truck, bus, or a combination of a commercial tractor and trailer	88381
or semitrailer.	88382

(b) The place to which the towed vehicle is taken and from	88383
which it may be recovered is conveniently located, is well	88384
lighted, and is on or within a reasonable distance of a regularly	88385
scheduled route of one or more modes of public transportation, if	88386
any public transportation is available in the municipal	88387
corporation or township in which the private tow-away zone is	88388
located.	88389

(2) If a vehicle is parked on private property that is	88390
established as a private tow-away zone in accordance with division	88391
(B)(1) of this section, without the consent of the owner of the	88392
property or in violation of any posted parking condition or	88393
regulation, the owner or the owner's agent may remove, or cause	88394
the removal of, the vehicle, the owner and the operator of the	88395
vehicle shall be deemed to have consented to the removal and	88396
storage of the vehicle and to the payment of the towing and	88397
storage charges specified in division (B)(1)(a)(iii) of this	88398
section, and the owner, subject to division (C) of this section,	88399
may recover a vehicle that has been so removed only in accordance	88400
with division (E) of this section.	88401

(3) If a municipal corporation requires tow trucks and tow	88402
truck operators to be licensed, no owner of private property	88403
located within the municipal corporation shall remove, or shall	88404
cause the removal and storage of, any vehicle pursuant to division	88405
(B)(2) of this section by an unlicensed tow truck or unlicensed	88406
tow truck operator.	88407

(4) Divisions (B)(1) to (3) of this section do not affect or	88408
limit the operation of division (A) of this section or sections	88409
4513.61 to 4513.65 of the Revised Code as they relate to property	88410
other than private property that is established as a private	88411
tow-away zone under division (B)(1) of this section.	88412

(C) If the owner or operator of a motor vehicle that has been	88413
ordered into storage pursuant to division (A)(1) of this section	88414
or of a vehicle that is being removed under authority of division	88415
(B)(2) of this section arrives after the motor vehicle or vehicle	88416
has been prepared for removal, but prior to its actual removal	88417
from the property, the owner or operator shall be given the	88418
opportunity to pay a fee of not more than one-half of the charge	88419
for the removal of motor vehicles under division (A)(1) of this	88420
section or of vehicles under division (B)(2) of this section,	88421
whichever is applicable, that normally is assessed by the person	88422
who has prepared the motor vehicle or vehicle for removal, in	88423
order to obtain release of the motor vehicle or vehicle. Upon	88424
payment of that fee, the motor vehicle or vehicle shall be	88425
released to the owner or operator, and upon its release, the owner	88426
or operator immediately shall move it so that:	88427

(1) If the motor vehicle was ordered into storage pursuant to	88428
division (A)(1) of this section, it is not on the private	88429
residential or private agricultural property without the	88430
permission of the person having the right to possession of the	88431
property, or is not at the garage or place of storage without the	88432
permission of the owner, whichever is applicable.	88433

(2) If the vehicle was being removed under authority of	88434
division (B)(2) of this section, it is not parked on the private	88435
property established as a private tow-away zone without the	88436
consent of the owner or in violation of any posted parking	88437
condition or regulation.	88438

(D)(1) If an owner of private property that is established as	88439
a private tow-away zone in accordance with division (B)(1) of this	88440
section or the authorized agent of such an owner removes or causes	88441
the removal of a vehicle from that property under authority of	88442
division (B)(2) of this section, the owner or agent promptly shall	88443
notify the police department of the municipal corporation,	88444
township, or township or joint police district in which the	88445
property is located, of the removal, the vehicle's license number,	88446
make, model, and color, the location from which it was removed,	88447
the date and time of its removal, the telephone number of the	88448
person from whom it may be recovered, and the address of the place	88449
to which it has been taken and from which it may be recovered.	88450

(2) Each county sheriff and each chief of police of a	88451
municipal corporation, township, or township or joint police	88452
district shall maintain a record of motor vehicles that the	88453
sheriff or chief orders into storage pursuant to division (A)(1)	88454
of this section and of vehicles removed from private property in	88455
the sheriff's or chief's jurisdiction that is established as a	88456
private tow-away zone of which the sheriff or chief has received	88457
notice under division (D)(1) of this section. The record shall	88458
include an entry for each such motor vehicle or vehicle that	88459
identifies the motor vehicle's or vehicle's license number, make,	88460
model, and color, the location from which it was removed, the date	88461
and time of its removal, the telephone number of the person from	88462
whom it may be recovered, and the address of the place to which it	88463
has been taken and from which it may be recovered. Any information	88464
in the record that pertains to a particular motor vehicle or	88465
vehicle shall be provided to any person who, either in person or	88466
pursuant to a telephone call, identifies self as the owner or	88467
operator of the motor vehicle or vehicle and requests information	88468
pertaining to its location.	88469

(3) Any person who registers a complaint that is the basis of	88470
a sheriff's or police chief's order for the removal and storage of	88471
a motor vehicle under division (A)(1) of this section shall	88472
provide the identity of the law enforcement agency with which the	88473
complaint was registered to any person who identifies self as the	88474
owner or operator of the motor vehicle and requests information	88475
pertaining to its location.	88476

(E) The owner of a motor vehicle that is ordered into storage	88477
pursuant to division (A)(1) of this section or of a vehicle that	88478
is removed under authority of division (B)(2) of this section may	88479
reclaim it upon payment of any expenses or charges incurred in its	88480
removal, in an amount not to exceed ninety dollars, and storage,	88481
in an amount not to exceed twelve dollars per twenty-four-hour	88482
period; except that the charge for towing shall not exceed one	88483
hundred fifty dollars, and the storage charge shall not exceed	88484
twenty dollars per twenty-four-hour period, if the vehicle has a	88485
manufacturer's gross vehicle weight rating in excess of ten	88486
thousand pounds and is a truck, bus, or a combination of a	88487
commercial tractor and trailer or semitrailer. Presentation of	88488
proof of ownership, which may be evidenced by a certificate of	88489
title to the motor vehicle or vehicle also shall be required for	88490
reclamation of the vehicle. If a motor vehicle that is ordered	88491
into storage pursuant to division (A)(1) of this section remains	88492
unclaimed by the owner for thirty days, the procedures established	88493
by sections 4513.61 and 4513.62 of the Revised Code shall apply.	88494

(F) No person shall remove, or cause the removal of, any	88495
vehicle from private property that is established as a private	88496
tow-away zone under division (B)(1) of this section other than in	88497
accordance with division (B)(2) of this section, and no person	88498
shall remove, or cause the removal of, any motor vehicle from any	88499
other private property other than in accordance with division	88500
(A)(1) of this section or sections 4513.61 to 4513.65 of the	88501
Revised Code.	88502

(G) Whoever violates division (B)(3) or (F) of this section	88503
is guilty of a minor misdemeanor.	88504

Sec. 4513.61. The sheriff of a county or chief of police of	88505
a municipal corporation, township, or township or joint police	88506
district, within the sheriff's or chief's respective territorial	88507
jurisdiction, or a state highway patrol trooper, upon notification	88508
to the sheriff or chief of police of such action and of the	88509
location of the place of storage, may order into storage any motor	88510
vehicle, including an abandoned junk motor vehicle as defined in	88511
section 4513.63 of the Revised Code, that has come into the	88512
possession of the sheriff, chief of police, or state highway	88513
patrol trooper as a result of the performance of the sheriff's,	88514
chief's, or trooper's duties or that has been left on a public	88515
street or other property open to the public for purposes of	88516
vehicular travel, or upon or within the right-of-way of any road	88517
or highway, for forty-eight hours or longer without notification	88518
to the sheriff or chief of police of the reasons for leaving the	88519
motor vehicle in such place, except that when such a motor vehicle	88520
constitutes an obstruction to traffic it may be ordered into	88521
storage immediately. The sheriff or chief of police shall	88522
designate the place of storage of any motor vehicle so ordered	88523
removed.	88524

The sheriff or chief of police immediately shall cause a	88525
search to be made of the records of the bureau of motor vehicles	88526
to ascertain the owner and any lienholder of a motor vehicle	88527
ordered into storage by the sheriff or chief of police, or by a	88528
state highway patrol trooper, and, if known, shall send or cause	88529
to be sent notice to the owner or lienholder at the owner's or	88530
lienholder's last known address by certified mail with return	88531
receipt requested, that the motor vehicle will be declared a	88532
nuisance and disposed of if not claimed within ten days of the	88533
date of mailing of the notice. The owner or lienholder of the	88534
motor vehicle may reclaim it upon payment of any expenses or	88535
charges incurred in its removal and storage, and presentation of	88536
proof of ownership, which may be evidenced by a certificate of	88537
title or memorandum certificate of title to the motor vehicle. If	88538
the owner or lienholder of the motor vehicle reclaims it after a	88539
search of the records of the bureau has been conducted and after	88540
notice has been sent to the owner or lienholder as described in	88541
this section, and the search was conducted by the owner of the	88542
place of storage or the owner's employee, and the notice was sent	88543
to the motor vehicle owner by the owner of the place of storage or	88544
the owner's employee, the owner or lienholder shall pay to the	88545
place of storage a processing fee of twenty-five dollars, in	88546
addition to any expenses or charges incurred in the removal and	88547
storage of the vehicle.	88548

If the owner or lienholder makes no claim to the motor	88549
vehicle within ten days of the date of mailing of the notice, and	88550
if the vehicle is to be disposed of at public auction as provided	88551
in section 4513.62 of the Revised Code, the sheriff or chief of	88552
police, without charge to any party, shall file with the clerk of	88553
courts of the county in which the place of storage is located an	88554
affidavit showing compliance with the requirements of this	88555
section. Upon presentation of the affidavit, the clerk, without	88556
charge, shall issue a salvage certificate of title, free and clear	88557
of all liens and encumbrances, to the sheriff or chief of police.	88558
If the vehicle is to be disposed of to a motor vehicle salvage	88559
dealer or other facility as provided in section 4513.62 of the	88560
Revised Code, the sheriff or chief of police shall execute in	88561
triplicate an affidavit, as prescribed by the registrar of motor	88562
vehicles, describing the motor vehicle and the manner in which it	88563
was disposed of, and that all requirements of this section have	88564
been complied with. The sheriff or chief of police shall retain	88565
the original of the affidavit for the sheriff's or chief's	88566
records, and shall furnish two copies to the motor vehicle salvage	88567
dealer or other facility. Upon presentation of a copy of the	88568
affidavit by the motor vehicle salvage dealer, the clerk of	88569
courts, within thirty days of the presentation, shall issue to	88570
such owner a salvage certificate of title, free and clear of all	88571
liens and encumbrances.	88572

Whenever a motor vehicle salvage dealer or other facility	88573
receives an affidavit for the disposal of a motor vehicle as	88574
provided in this section, the dealer or facility shall not be	88575
required to obtain an Ohio certificate of title to the motor	88576
vehicle in the dealer's or facility's own name if the vehicle is	88577
dismantled or destroyed and both copies of the affidavit are	88578
delivered to the clerk of courts.	88579

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	88580
pursuant to division (A)(1) of section 4513.60 or section 4513.61	88581
of the Revised Code shall be disposed of at the order of the	88582
sheriff of the county or the chief of police of the municipal	88583
corporation, township, or township or joint police district to a	88584
motor vehicle salvage dealer or scrap metal processing facility as	88585
defined in section 4737.05 of the Revised Code, or to any other	88586
facility owned by or under contract with the county, municipal	88587
corporation, or township, for the disposal of such motor vehicles,	88588
or shall be sold by the sheriff, chief of police, or licensed	88589
auctioneer at public auction, after giving notice thereof by	88590
advertisement, published once a week for two successive weeks in a	88591
newspaper of general circulation in the county or as provided in	88592
section 7.16 of the Revised Code. Any moneys accruing from the	88593
disposition of an unclaimed motor vehicle that are in excess of	88594
the expenses resulting from the removal and storage of the vehicle	88595
shall be credited to the general fund of the county, ~~the~~ municipal	88596
corporation, ~~or the~~ township, or joint police district, as the	88597
case may be.	88598

Sec. 4513.63. "Abandoned junk motor vehicle" means any motor	88599
vehicle meeting all of the following requirements:	88600

(A) Left on private property for forty-eight hours or longer	88601
without the permission of the person having the right to the	88602
possession of the property, on a public street or other property	88603
open to the public for purposes of vehicular travel or parking, or	88604
upon or within the right-of-way of any road or highway, for	88605
forty-eight hours or longer;	88606

(B) Three years old, or older;

88607

(C) Extensively damaged, such damage including but not	88608
limited to any of the following: missing wheels, tires, motor, or	88609
transmission;	88610

(D) Apparently inoperable;

88611

(E) Having a fair market value of one thousand five hundred	88612
dollars or less.	88613

The sheriff of a county or chief of police of a municipal	88614
corporation, township, or township or joint police district,	88615
within the sheriff's or chief's respective territorial	88616
jurisdiction, or a state highway patrol trooper, upon notification	88617
to the sheriff or chief of police of such action, shall order any	88618
abandoned junk motor vehicle to be photographed by a law	88619
enforcement officer. The officer shall record the make of motor	88620
vehicle, the serial number when available, and shall also detail	88621
the damage or missing equipment to substantiate the value of one	88622
thousand five hundred dollars or less. The sheriff or chief of	88623
police shall thereupon immediately dispose of the abandoned junk	88624
motor vehicle to a motor vehicle salvage dealer as defined in	88625
section 4738.01 of the Revised Code or a scrap metal processing	88626
facility as defined in section 4737.05 of the Revised Code which	88627
is under contract to the county, township, or municipal	88628
corporation, or to any other facility owned by or under contract	88629
with the county, township, or municipal corporation for the	88630
destruction of such motor vehicles. The records and photograph	88631
relating to the abandoned junk motor vehicle shall be retained by	88632
the law enforcement agency ordering the disposition of such	88633
vehicle for a period of at least two years. The law enforcement	88634
agency shall execute in quadruplicate an affidavit, as prescribed	88635
by the registrar of motor vehicles, describing the motor vehicle	88636
and the manner in which it was disposed of, and that all	88637
requirements of this section have been complied with, and, within	88638
thirty days of disposing of the vehicle, shall sign and file the	88639
affidavit with the clerk of courts of the county in which the	88640
motor vehicle was abandoned. The clerk of courts shall retain the	88641
original of the affidavit for the clerk's files, shall furnish one	88642
copy thereof to the registrar, one copy to the motor vehicle	88643
salvage dealer or other facility handling the disposal of the	88644
vehicle, and one copy to the law enforcement agency ordering the	88645
disposal, who shall file such copy with the records and photograph	88646
relating to the disposal. Any moneys arising from the disposal of	88647
an abandoned junk motor vehicle shall be deposited in the general	88648
fund of the county, township, or the municipal corporation, as the	88649
case may be.	88650

Notwithstanding section 4513.61 of the Revised Code, any	88651
motor vehicle meeting the requirements of divisions (C), (D), and	88652
(E) of this section which has remained unclaimed by the owner or	88653
lienholder for a period of ten days or longer following	88654
notification as provided in section 4513.61 of the Revised Code	88655
may be disposed of as provided in this section.	88656

Sec. 4513.64. (A) No person shall willfully leave an	88657
abandoned junk motor vehicle as defined in section 4513.63 of the	88658
Revised Code on private property for more than seventy-two hours	88659
without the permission of the person having the right to the	88660
possession of the property, or on a public street or other	88661
property open to the public for purposes of vehicular travel or	88662
parking, or upon or within the right-of-way of any road or	88663
highway, for forty-eight hours or longer without notification to	88664
the sheriff of the county or chief of police of the municipal	88665
corporation, township, or township or joint police district of the	88666
reasons for leaving the motor vehicle in such place.	88667

For purposes of this section, the fact that a motor vehicle	88668
has been so left without permission or notification is prima-facie	88669
evidence of abandonment.	88670

Nothing contained in sections 4513.60, 4513.61, and 4513.63	88671
of the Revised Code shall invalidate the provisions of municipal	88672
ordinances or township resolutions regulating or prohibiting the	88673
abandonment of motor vehicles on streets, highways, public	88674
property, or private property within municipal corporations or	88675
townships.	88676

(B) Whoever violates this section is guilty of a minor	88677
misdemeanor and shall also be assessed any costs incurred by the	88678
county, township, joint police district, or municipal corporation	88679
in disposing of the abandoned junk motor vehicle that is the basis	88680
of the violation, less any money accruing to the county, ~~to the~~	88681
township, joint police district, or ~~to the~~ municipal corporation	88682
from this disposal of the vehicle.	88683

Sec. 4513.66. (A) If a motor vehicle accident occurs on any	88684
highway, public street, or other property open to the public for	88685
purposes of vehicular travel and if any motor vehicle, cargo, or	88686
personal property that has been damaged or spilled as a result of	88687
the motor vehicle accident is blocking the highway, street, or	88688
other property or is otherwise endangering public safety, the	88689
sheriff of the county, or the chief of police of the municipal	88690
corporation, township, or township or joint police district, in	88691
which the accident occurred, a state highway patrol trooper, or	88692
the chief of the fire department having jurisdiction where the	88693
accident occurred may, without consent of the owner but with the	88694
approval of the law enforcement agency conducting any	88695
investigation of the accident, remove the motor vehicle if the	88696
motor vehicle is unoccupied, cargo, or personal property from the	88697
portion of the highway, public street, or property ordinarily used	88698
for vehicular travel on the highway, public street, or other	88699
property open to the public for purposes of vehicular travel.	88700

(B)(1) Except as provided in division (B)(2) or (3) of this	88701
section, no employee of the department of transportation, sheriff,	88702
deputy sheriff, chief of police or police officer of a municipal	88703
corporation, township, or township or joint police district, state	88704
highway patrol trooper, chief of a fire department, or fire	88705
fighter who authorizes or participates in the removal of any	88706
unoccupied motor vehicle, cargo, or personal property as	88707
authorized by division (A) of this section is liable in civil	88708
damages for any injury, death, or loss to person or property that	88709
results from the removal of that unoccupied motor vehicle, cargo,	88710
or personal property. Except as provided in division (B)(2) or (3)	88711
of this section, if the department of transportation or a sheriff,	88712
chief of police of a municipal corporation, township, or township	88713
or joint police district, head of the state highway patrol, or	88714
chief of a fire department authorizes, employs, or arranges to	88715
have a private tow truck operator or towing company remove any	88716
unoccupied motor vehicle, cargo, or personal property as	88717
authorized by division (A) of this section, that private tow truck	88718
operator or towing company is not liable in civil damages for any	88719
injury, death, or loss to person or property that results from the	88720
removal of that unoccupied motor vehicle, cargo, or personal	88721
property, and the department of transportation, sheriff, chief of	88722
police, head of the state highway patrol, or fire department chief	88723
is not liable in civil damages for any injury, death, or loss to	88724
person or property that results from the private tow truck	88725
operator or towing company's removal of that unoccupied motor	88726
vehicle, cargo, or personal property.	88727

(2) Division (B)(1) of this section does not apply to any	88728
person or entity involved in the removal of an unoccupied motor	88729
vehicle, cargo, or personal property pursuant to division (A) of	88730
this section if that removal causes or contributes to the release	88731
of a hazardous material or to structural damage to the roadway.	88732

(3) Division (B)(1) of this section does not apply to a	88733
private tow truck operator or towing company that was not	88734
authorized, employed, or arranged by the department of	88735
transportation, a sheriff, a chief of police of a municipal	88736
corporation, township, or township or joint police district, the	88737
head of the state highway patrol, or a chief of a fire department	88738
or to a private tow truck operator or towing company that was	88739
authorized, employed, or arranged by the department of	88740
transportation, a sheriff, a chief of police of a municipal	88741
corporation, township, or township or joint police district, the	88742
head of the state highway patrol, or a chief of a fire department	88743
to perform the removal of the unoccupied motor vehicle, cargo, or	88744
personal property and the private tow truck operator or towing	88745
company performed the removal in a reckless or willful manner.	88746

(C) As used in this section, "hazardous material" has the	88747
same meaning as in section 2305.232 of the Revised Code.	88748

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	88749
Revised Code:	88750

(A) "Persons" includes individuals, firms, partnerships,	88751
associations, joint stock companies, corporations, and any	88752
combinations of individuals.	88753

(B) "Motor vehicle" means motor vehicle as defined in section	88754
4501.01 of the Revised Code and also includes "all-purpose	88755
vehicle" and "off-highway motorcycle" as those terms are defined	88756
in section 4519.01 of the Revised Code. "Motor vehicle" does not	88757
include a snowmobile as defined in section 4519.01 of the Revised	88758
Code or manufactured and mobile homes.	88759

(C) "New motor vehicle" means a motor vehicle, the legal	88760
title to which has never been transferred by a manufacturer,	88761
remanufacturer, distributor, or dealer to an ultimate purchaser.	88762

(D) "Ultimate purchaser" means, with respect to any new motor	88763
vehicle, the first person, other than a dealer purchasing in the	88764
capacity of a dealer, who in good faith purchases such new motor	88765
vehicle for purposes other than resale.	88766

(E) "Business" includes any activities engaged in by any	88767
person for the object of gain, benefit, or advantage either direct	88768
or indirect.	88769

(F) "Engaging in business" means commencing, conducting, or	88770
continuing in business, or liquidating a business when the	88771
liquidator thereof holds self out to be conducting such business;	88772
making a casual sale or otherwise making transfers in the ordinary	88773
course of business when the transfers are made in connection with	88774
the disposition of all or substantially all of the transferor's	88775
assets is not engaging in business.	88776

(G) "Retail sale" or "sale at retail" means the act or	88777
attempted act of selling, bartering, exchanging, or otherwise	88778
disposing of a motor vehicle to an ultimate purchaser for use as a	88779
consumer.	88780

(H) "Retail installment contract" includes any contract in	88781
the form of a note, chattel mortgage, conditional sales contract,	88782
lease, agreement, or other instrument payable in one or more	88783
installments over a period of time and arising out of the retail	88784
sale of a motor vehicle.	88785

(I) "Farm machinery" means all machines and tools used in the	88786
production, harvesting, and care of farm products.	88787

(J) "Dealer" or "motor vehicle dealer" means any new motor	88788
vehicle dealer, any motor vehicle leasing dealer, and any used	88789
motor vehicle dealer.	88790

(K) "New motor vehicle dealer" means any person engaged in	88791
the business of selling at retail, displaying, offering for sale,	88792
or dealing in new motor vehicles pursuant to a contract or	88793
agreement entered into with the manufacturer, remanufacturer, or	88794
distributor of the motor vehicles.	88795

(L) "Used motor vehicle dealer" means any person engaged in	88796
the business of selling, displaying, offering for sale, or dealing	88797
in used motor vehicles, at retail or wholesale, but does not mean	88798
any new motor vehicle dealer selling, displaying, offering for	88799
sale, or dealing in used motor vehicles incidentally to engaging	88800
in the business of selling, displaying, offering for sale, or	88801
dealing in new motor vehicles, any person engaged in the business	88802
of dismantling, salvaging, or rebuilding motor vehicles by means	88803
of using used parts, or any public officer performing official	88804
duties.	88805

(M) "Motor vehicle leasing dealer" means any person engaged	88806
in the business of regularly making available, offering to make	88807
available, or arranging for another person to use a motor vehicle	88808
pursuant to a bailment, lease, sublease, or other contractual	88809
arrangement under which a charge is made for its use at a periodic	88810
rate for a term of thirty days or more, and title to the motor	88811
vehicle is in and remains in the motor vehicle leasing dealer who	88812
originally leases it, irrespective of whether or not the motor	88813
vehicle is the subject of a later sublease, and not in the user,	88814
but does not mean a manufacturer or its affiliate leasing to its	88815
employees or to dealers.	88816

(N) "Salesperson" means any person employed by a dealer or	88817
~~manufactured home broker~~ to sell, display, and offer for sale, or	88818
deal in motor vehicles for a commission, compensation, or other	88819
valuable consideration, but does not mean any public officer	88820
performing official duties.	88821

(O) "Casual sale" means any transfer of a motor vehicle by a	88822
person other than a new motor vehicle dealer, used motor vehicle	88823
dealer, motor vehicle salvage dealer, as defined in division (A)	88824
of section 4738.01 of the Revised Code, salesperson, motor vehicle	88825
auction owner, manufacturer, or distributor acting in the capacity	88826
of a dealer, salesperson, auction owner, manufacturer, or	88827
distributor, to a person who purchases the motor vehicle for use	88828
as a consumer.	88829

(P) "Motor vehicle show" means a display of current models of	88830
motor vehicles whereby the primary purpose is the exhibition of	88831
competitive makes and models in order to provide the general	88832
public the opportunity to review and inspect various makes and	88833
models of motor vehicles at a single location.	88834

(Q) "Motor vehicle auction owner" means any person who is	88835
engaged wholly or in part in the business of auctioning motor	88836
vehicles, but does not mean a construction equipment auctioneer or	88837
a construction equipment auction licensee.	88838

(R) "Manufacturer" means a person who manufactures,	88839
assembles, or imports motor vehicles, including motor homes, but	88840
does not mean a person who only assembles or installs a body,	88841
special equipment unit, finishing trim, or accessories on a motor	88842
vehicle chassis supplied by a manufacturer or distributor.	88843

(S) "Tent-type fold-out camping trailer" means any vehicle	88844
intended to be used, when stationary, as a temporary shelter with	88845
living and sleeping facilities, and that is subject to the	88846
following properties and limitations:	88847

(1) A minimum of twenty-five per cent of the fold-out portion	88848
of the top and sidewalls combined must be constructed of canvas,	88849
vinyl, or other fabric, and form an integral part of the shelter.	88850

(2) When folded, the unit must not exceed:

88851

(a) Fifteen feet in length, exclusive of bumper and tongue;

88852

(b) Sixty inches in height from the point of contact with the	88853
ground;	88854

88855

(d) One ton gross weight at time of sale.

88856

(T) "Distributor" means any person authorized by a motor	88857
vehicle manufacturer to distribute new motor vehicles to licensed	88858
new motor vehicle dealers, but does not mean a person who only	88859
assembles or installs a body, special equipment unit, finishing	88860
trim, or accessories on a motor vehicle chassis supplied by a	88861
manufacturer or distributor.	88862

(U) "Flea market" means a market place, other than a dealer's	88863
location licensed under this chapter, where a space or location is	88864
provided for a fee or compensation to a seller to exhibit and	88865
offer for sale or trade, motor vehicles to the general public.	88866

(V) "Franchise" means any written agreement, contract, or	88867
understanding between any motor vehicle manufacturer or	88868
remanufacturer engaged in commerce and any motor vehicle dealer	88869
that purports to fix the legal rights and liabilities of the	88870
parties to such agreement, contract, or understanding.	88871

(W) "Franchisee" means a person who receives new motor	88872
vehicles from the franchisor under a franchise agreement and who	88873
offers, sells, and provides service for such new motor vehicles to	88874
the general public.	88875

(X) "Franchisor" means a new motor vehicle manufacturer,	88876
remanufacturer, or distributor who supplies new motor vehicles	88877
under a franchise agreement to a franchisee.	88878

(Y) "Dealer organization" means a state or local trade	88879
association the membership of which is comprised predominantly of	88880
new motor vehicle dealers.	88881

(Z) "Factory representative" means a representative employed	88882
by a manufacturer, remanufacturer, or by a factory branch	88883
primarily for the purpose of promoting the sale of its motor	88884
vehicles, parts, or accessories to dealers or for supervising or	88885
contacting its dealers or prospective dealers.	88886

(AA) "Administrative or executive management" means those	88887
individuals who are not subject to federal wage and hour laws.	88888

(BB) "Good faith" means honesty in the conduct or transaction	88889
concerned and the observance of reasonable commercial standards of	88890
fair dealing in the trade as is defined in section 1301.201 of the	88891
Revised Code, including, but not limited to, the duty to act in a	88892
fair and equitable manner so as to guarantee freedom from	88893
coercion, intimidation, or threats of coercion or intimidation;	88894
provided however, that recommendation, endorsement, exposition,	88895
persuasion, urging, or argument shall not be considered to	88896
constitute a lack of good faith.	88897

(CC) "Coerce" means to compel or attempt to compel by failing	88898
to act in good faith or by threat of economic harm, breach of	88899
contract, or other adverse consequences. Coerce does not mean to	88900
argue, urge, recommend, or persuade.	88901

(DD) "Relevant market area" means any area within a radius of	88902
ten miles from the site of a potential new dealership, except that	88903
for manufactured home or recreational vehicle dealerships the	88904
radius shall be twenty-five miles. The ten-mile radius shall be	88905
measured from the dealer's established place of business that is	88906
used exclusively for the purpose of selling, displaying, offering	88907
for sale, or dealing in motor vehicles.	88908

(EE) "Wholesale" or "at wholesale" means the act or attempted	88909
act of selling, bartering, exchanging, or otherwise disposing of a	88910
motor vehicle to a transferee for the purpose of resale and not	88911
for ultimate consumption by that transferee.	88912

(FF) "Motor vehicle wholesaler" means any person licensed as	88913
a dealer under the laws of another state and engaged in the	88914
business of selling, displaying, or offering for sale used motor	88915
vehicles, at wholesale, but does not mean any motor vehicle dealer	88916
as defined in this section.	88917

(GG)(1) "Remanufacturer" means a person who assembles or	88918
installs passenger seating, walls, a roof elevation, or a body	88919
extension on a conversion van with the motor vehicle chassis	88920
supplied by a manufacturer or distributor, a person who modifies a	88921
truck chassis supplied by a manufacturer or distributor for use as	88922
a public safety or public service vehicle, a person who modifies a	88923
motor vehicle chassis supplied by a manufacturer or distributor	88924
for use as a limousine or hearse, or a person who modifies an	88925
incomplete motor vehicle cab and chassis supplied by a new motor	88926
vehicle dealer or distributor for use as a tow truck, but does not	88927
mean either of the following:	88928

(a) A person who assembles or installs passenger seating, a	88929
roof elevation, or a body extension on a recreational vehicle as	88930
defined in division (Q) and referred to in division (B) of section	88931
4501.01 of the Revised Code;	88932

(b) A person who assembles or installs special equipment or	88933
accessories for handicapped persons, as defined in section 4503.44	88934
of the Revised Code, upon a motor vehicle chassis supplied by a	88935
manufacturer or distributor.	88936

(2) For the purposes of division (GG)(1) of this section,	88937
"public safety vehicle or public service vehicle" means a fire	88938
truck, ambulance, school bus, street sweeper, garbage packing	88939
truck, or cement mixer, or a mobile self-contained facility	88940
vehicle.	88941

(3) For the purposes of division (GG)(1) of this section,	88942
"limousine" means a motor vehicle, designed only for the purpose	88943
of carrying nine or fewer passengers, that a person modifies by	88944
cutting the original chassis, lengthening the wheelbase by forty	88945
inches or more, and reinforcing the chassis in such a way that all	88946
modifications comply with all applicable federal motor vehicle	88947
safety standards. No person shall qualify as or be deemed to be a	88948
remanufacturer who produces limousines unless the person has a	88949
written agreement with the manufacturer of the chassis the person	88950
utilizes to produce the limousines to complete properly the	88951
remanufacture of the chassis into limousines.	88952

(4) For the purposes of division (GG)(1) of this section,	88953
"hearse" means a motor vehicle, designed only for the purpose of	88954
transporting a single casket, that is equipped with a compartment	88955
designed specifically to carry a single casket that a person	88956
modifies by cutting the original chassis, lengthening the	88957
wheelbase by ten inches or more, and reinforcing the chassis in	88958
such a way that all modifications comply with all applicable	88959
federal motor vehicle safety standards. No person shall qualify as	88960
or be deemed to be a remanufacturer who produces hearses unless	88961
the person has a written agreement with the manufacturer of the	88962
chassis the person utilizes to produce the hearses to complete	88963
properly the remanufacture of the chassis into hearses.	88964

(5) For the purposes of division (GG)(1) of this section,	88965
"mobile self-contained facility vehicle" means a mobile classroom	88966
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	88967
testing laboratory, and mobile display vehicle, each of which is	88968
designed for purposes other than for passenger transportation and	88969
other than the transportation or displacement of cargo, freight,	88970
materials, or merchandise. A vehicle is remanufactured into a	88971
mobile self-contained facility vehicle in part by the addition of	88972
insulation to the body shell, and installation of all of the	88973
following: a generator, electrical wiring, plumbing, holding	88974
tanks, doors, windows, cabinets, shelving, and heating,	88975
ventilating, and air conditioning systems.	88976

(6) For the purposes of division (GG)(1) of this section,	88977
"tow truck" means both of the following:	88978

(a) An incomplete cab and chassis that are purchased by a	88979
remanufacturer from a new motor vehicle dealer or distributor of	88980
the cab and chassis and on which the remanufacturer then installs	88981
in a permanent manner a wrecker body it purchases from a	88982
manufacturer or distributor of wrecker bodies, installs an	88983
emergency flashing light pylon and emergency lights upon the mast	88984
of the wrecker body or rooftop, and installs such other related	88985
accessories and equipment, including push bumpers, front grille	88986
guards with pads and other custom-ordered items such as painting,	88987
special lettering, and safety striping so as to create a complete	88988
motor vehicle capable of lifting and towing another motor vehicle.	88989

(b) An incomplete cab and chassis that are purchased by a	88990
remanufacturer from a new motor vehicle dealer or distributor of	88991
the cab and chassis and on which the remanufacturer then installs	88992
in a permanent manner a car carrier body it purchases from a	88993
manufacturer or distributor of car carrier bodies, installs an	88994
emergency flashing light pylon and emergency lights upon the	88995
rooftop, and installs such other related accessories and	88996
equipment, including push bumpers, front grille guards with pads	88997
and other custom-ordered items such as painting, special	88998
lettering, and safety striping.	88999

As used in division (GG)(6)(b) of this section, "car carrier	89000
body" means a mechanical or hydraulic apparatus capable of lifting	89001
and holding a motor vehicle on a flat level surface so that one or	89002
more motor vehicles can be transported, once the car carrier is	89003
permanently installed upon an incomplete cab and chassis.	89004

(HH) "Operating as a new motor vehicle dealership" means	89005
engaging in activities such as displaying, offering for sale, and	89006
selling new motor vehicles at retail, operating a service facility	89007
to perform repairs and maintenance on motor vehicles, offering for	89008
sale and selling motor vehicle parts at retail, and conducting all	89009
other acts that are usual and customary to the operation of a new	89010
motor vehicle dealership. For the purposes of this chapter only,	89011
possession of either a valid new motor vehicle dealer franchise	89012
agreement or a new motor vehicle dealers license, or both of these	89013
items, is not evidence that a person is operating as a new motor	89014
vehicle dealership.	89015

(II) "Outdoor power equipment" means garden and small utility	89016
tractors, walk-behind and riding mowers, chainsaws, and tillers.	89017

(JJ) "Remote service facility" means premises that are	89018
separate from a licensed new motor vehicle dealer's sales facility	89019
by not more than one mile and that are used by the dealer to	89020
perform repairs, warranty work, recall work, and maintenance on	89021
motor vehicles pursuant to a franchise agreement entered into with	89022
a manufacturer of motor vehicles. A remote service facility shall	89023
be deemed to be part of the franchise agreement and is subject to	89024
all the rights, duties, obligations, and requirements of Chapter	89025
4517. of the Revised Code that relate to the performance of motor	89026
vehicle repairs, warranty work, recall work, and maintenance work	89027
by new motor vehicle dealers.	89028

(KK) "Recreational vehicle" has the same meaning as in	89029
section 4501.01 of the Revised Code.	89030

(LL) "Construction equipment auctioneer" means a person who	89031
holds both a valid ~~auctioneer's~~auction firm license issued under	89032
Chapter 4707. of the Revised Code and a valid construction	89033
equipment auction license issued under this chapter.	89034

(MM) "Large construction or transportation equipment" means	89035
vehicles having a gross vehicle weight rating of more than ten	89036
thousand pounds and includes road rollers, traction engines, power	89037
shovels, power cranes, commercial cars and trucks, or farm trucks,	89038
and other similar vehicles obtained primarily from the	89039
construction, mining, transportation or farming industries.	89040

Sec. 4517.02. (A) Except as otherwise provided in this	89041
section, no person shall do any of the following:	89042

(1) Engage in the business of displaying or selling at retail	89043
new motor vehicles or assume to engage in that business, unless	89044
the person is licensed as a new motor vehicle dealer under	89045
sections 4517.01 to 4517.45 of the Revised Code, or is a	89046
salesperson licensed under those sections and employed by a	89047
licensed new motor vehicle dealer;	89048

(2) Engage in the business of offering for sale, displaying	89049
for sale, or selling at retail or wholesale used motor vehicles or	89050
assume to engage in that business, unless the person is licensed	89051
as a dealer under sections 4517.01 to 4517.45 of the Revised Code,	89052
is a salesperson licensed under those sections and employed by a	89053
licensed used motor vehicle dealer or licensed new motor vehicle	89054
dealer, or the person holds a construction equipment auction	89055
license issued under section 4517.17 of the Revised Code;	89056

(3) Engage in the business of regularly making available,	89057
offering to make available, or arranging for another person to use	89058
a motor vehicle, in the manner described in division (M) of	89059
section 4517.01 of the Revised Code, unless the person is licensed	89060
as a motor vehicle leasing dealer under sections 4517.01 to	89061
4517.45 of the Revised Code;	89062

(4) Engage in the business of motor vehicle auctioning or	89063
assume to engage in that business, unless the person is licensed	89064
as a motor vehicle auction owner under sections 4517.01 to 4517.45	89065
of the Revised Code and the person uses an auctioneer who is	89066
licensed under Chapter 4707. of the Revised Code to conduct the	89067
motor vehicle auctions or the person holds a construction	89068
equipment auction license issued under section 4517.17 of the	89069
Revised Code;	89070

(5) Engage in the business of distributing motor vehicles or	89071
assume to engage in that business, unless the person is licensed	89072
as a distributor under sections 4517.01 to 4517.45 of the Revised	89073
Code;	89074

(6) Make more than five casual sales of motor vehicles in a	89075
twelve-month period, commencing with the day of the month in which	89076
the first such sale is made, nor provide a location or space for	89077
the sale of motor vehicles at a flea market, without obtaining a	89078
license as a dealer under sections 4517.01 to 4517.45 of the	89079
Revised Code, provided that nothing in this section shall be	89080
construed to prohibit the disposition without a license of a motor	89081
vehicle originally acquired and held for purposes other than sale,	89082
rental, or lease to an employee, retiree, officer, or director of	89083
the person making the disposition, to a corporation affiliated	89084
with the person making the disposition, or to a person licensed	89085
under sections 4517.01 to 4517.45 of the Revised Code;	89086

(7) Engage in the business of auctioning both large	89087
construction or transportation equipment and also motor vehicles	89088
incident thereto, unless the person is a construction equipment	89089
auctioneer or the person is licensed as a motor vehicle auction	89090
owner and the person uses an auctioneer who is licensed under	89091
Chapter 4707. of the Revised Code to conduct the auction.	89092

(B) Nothing in this section shall be construed to require an	89093
auctioneer licensed under sections 4707.01 to 4707.19 of the	89094
Revised Code, to obtain a motor vehicle salesperson's license	89095
under sections 4517.01 to 4517.45 of the Revised Code when	89096
conducting an auction sale for a licensed motor vehicle dealer on	89097
the dealer's premises, or when conducting an auction sale for a	89098
licensed motor vehicle auction owner; nor shall such an auctioneer	89099
be required to obtain a motor vehicle auction owner's license	89100
under sections 4517.01 to 4517.45 of the Revised Code when engaged	89101
in auctioning for a licensed motor vehicle auction owner.	89102

The establishment of a construction equipment auction license	89103
by Am. Sub. H.B. 114 of the 129th general assembly shall not in	89104
any way modify, limit, or restrict in any manner the conduct of	89105
auctions by persons licensed under Chapter 4707. of the Revised	89106
Code who are acting in compliance with that chapter.	89107

(C) Sections 4517.01 to 4517.45 of the Revised Code do not	89108
apply to any of the following:	89109

(1) Persons engaging in the business of selling commercial	89110
tractors, trailers, or semitrailers incidentally to engaging	89111
primarily in business other than the selling or leasing of motor	89112
vehicles;	89113

(2) Mortgagees selling at retail only those motor vehicles	89114
that have come into their possession by a default in the terms of	89115
a mortgage contract;	89116

(3) The leasing, rental, and interchange of motor vehicles	89117
used directly in the rendition of a public utility service by	89118
regulated motor carriers.	89119

(D) When a partnership licensed under sections 4517.01 to	89120
4517.45 of the Revised Code is dissolved by death, the surviving	89121
partners may operate under the license for a period of sixty days,	89122
and the heirs or representatives of deceased persons and receivers	89123
or trustees in bankruptcy appointed by any competent authority may	89124
operate under the license of the person succeeded in possession by	89125
that heir, representative, receiver, or trustee in bankruptcy.	89126

(E) No remanufacturer shall engage in the business of selling	89127
at retail any new motor vehicle without having written authority	89128
from the manufacturer or distributor of the vehicle to sell new	89129
motor vehicles and to perform repairs under the terms of the	89130
manufacturer's or distributor's new motor vehicle warranty,	89131
unless, at the time of the sale of the vehicle, each customer is	89132
furnished with a binding agreement ensuring that the customer has	89133
the right to have the vehicle serviced or repaired by a new motor	89134
vehicle dealer who is franchised to sell and service vehicles of	89135
the same line-make as the chassis of the remanufactured vehicle	89136
purchased by the customer and whose service or repair facility is	89137
located within either twenty miles of the remanufacturer's	89138
location and place of business or twenty miles of the customer's	89139
residence or place of business. If there is no such new motor	89140
vehicle dealer located within twenty miles of the remanufacturer's	89141
location and place of business or the customer's residence or	89142
place of business, the binding agreement furnished to the customer	89143
may be with the new motor vehicle dealer who is franchised to sell	89144
and service vehicles of the same line-make as the chassis of the	89145
remanufactured vehicle purchased by the customer and whose service	89146
or repair facility is located nearest to the remanufacturer's	89147
location and place of business or the customer's residence or	89148
place of business. Additionally, at the time of sale of any	89149
vehicle, each customer of the remanufacturer shall be furnished	89150
with a warranty issued by the remanufacturer for a term of at	89151
least one year.	89152

(F) Except as otherwise provided in this division, whoever	89153
violates this section is guilty of a minor misdemeanor and shall	89154
be subject to a mandatory fine of one hundred dollars. If the	89155
offender previously has been convicted of or pleaded guilty to a	89156
violation of this section, whoever violates this section is guilty	89157
of a misdemeanor of the first degree and shall be subject to a	89158
mandatory fine of one thousand dollars.	89159

Sec. 4517.04. Each person applying for a new motor vehicle	89160
dealer's license shall ~~annually~~biennially make out and deliver to	89161
the registrar of motor vehicles, before the first day of April,	89162
and upon a blank to be furnished by the registrar for that	89163
purpose, a separate application for license for each county in	89164
which the business of selling new motor vehicles is to be	89165
conducted. The application shall be in the form prescribed by the	89166
registrar, shall be signed and sworn to by the applicant, and, in	89167
addition to any other information required by the registrar, shall	89168
include the following:	89169

(A) Name of applicant and location of principal place of	89170
business;	89171

(B) Name or style under which business is to be conducted	89172
and, if a corporation, the state of incorporation;	89173

(C) Name and address of each owner or partner and, if a	89174
corporation, the names of the officers and directors;	89175

(D) The county in which the business is to be conducted and	89176
the address of each place of business therein;	89177

(E) A statement of the previous history, record, and	89178
association of the applicant and of each owner, partner, officer,	89179
and director, that shall be sufficient to establish to the	89180
satisfaction of the registrar the reputation in business of the	89181
applicant;	89182

(F) A statement showing whether the applicant has previously	89183
applied for a motor vehicle dealer's license, motor vehicle	89184
leasing dealer's license, ~~manufactured home broker's license,~~	89185
distributor's license, motor vehicle auction owner's license, or	89186
motor vehicle salesperson's license, and the result of the	89187
application, and whether the applicant has ever been the holder of	89188
any such license that was revoked or suspended;	89189

(G) If the applicant is a corporation or partnership, a	89190
statement showing whether any partner, employee, officer, or	89191
director has been refused a motor vehicle dealer's license, motor	89192
vehicle leasing dealer's license, ~~manufactured home broker's~~	89193
~~license,~~ distributor's license, motor vehicle auction owner's	89194
license, or motor vehicle salesperson's license, or has been the	89195
holder of any such license that was revoked or suspended;	89196

(H) A statement of the makes of new motor vehicles to be	89197
handled.	89198

The statement required by division (E) of this section shall	89199
indicate whether the applicant or, if applicable, any of the	89200
applicant's owners, partners, officers, or directors,	89201
individually, or as owner, partner, officer, or director of a	89202
business entity, has been convicted of, pleaded guilty, or pleaded	89203
no contest, in a criminal action, or had a judgment rendered	89204
against ~~him~~the person in a civil action for, a violation of	89205
sections 4549.41 to 4549.46 of the Revised Code, of any	89206
substantively comparable provisions of the law of any other state,	89207
or of subchapter IV of the "Motor Vehicle Information and Cost	89208
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	89209

A true copy of the contract, agreement, or understanding the	89210
applicant has entered into or is about to enter into with the	89211
manufacturer or distributor of the new motor vehicles the	89212
applicant will handle shall be filed with the application. If the	89213
contract, agreement, or understanding is not in writing, a written	89214
statement of all the terms thereof shall be filed. Each such copy	89215
or statement shall bear a certificate signed by each party to the	89216
contract, agreement, or understanding, to the effect that the copy	89217
or statement is true and complete and contains all of the	89218
agreements made or about to be made between the parties.	89219

The application also shall be accompanied by a photograph, as	89220
prescribed by the registrar, of each place of business operated,	89221
or to be operated, by the applicant.	89222

Sec. 4517.09. Each person applying for a salesperson's	89223
license shall ~~annually~~biennially make out and deliver to the	89224
registrar of motor vehicles, before the first day of July and upon	89225
a blank to be furnished by the registrar for that purpose, an	89226
application for license. The application shall be in the form	89227
prescribed by the registrar, shall be signed and sworn to by the	89228
applicant, and, in addition to any other information required by	89229
the registrar, shall include the following:	89230

(A) Name and post-office address of the applicant;

89231

(B) Name and post-office address of the motor vehicle dealer	89232
~~or manufactured home broker~~ for whom the applicant intends to act	89233
as salesperson;	89234

(C) A statement of the applicant's previous history, record,	89235
and association, that shall be sufficient to establish to the	89236
satisfaction of the registrar the applicant's reputation in	89237
business;	89238

(D) A statement as to whether the applicant intends to engage	89239
in any occupation or business other than that of a motor vehicle	89240
salesperson;	89241

(E) A statement as to whether the applicant has ever had any	89242
previous application refused, and whether the applicant has	89243
previously had a license revoked or suspended;	89244

(F) A statement as to whether the applicant was an employee	89245
of or salesperson for a dealer ~~or manufactured home broker~~ whose	89246
license was suspended or revoked;	89247

(G) A statement of the motor vehicle dealer ~~or manufactured~~	89248
~~home broker~~ named therein, designating the applicant as the	89249
dealer's ~~or broker's~~ salesperson.	89250

The statement required by division (C) of this section shall	89251
indicate whether the applicant individually, or as an owner,	89252
partner, officer, or director of a business entity, has been	89253
convicted of, or pleaded guilty to, in a criminal action, or had a	89254
judgment rendered against the applicant in a civil action for, a	89255
violation of sections 4549.41 to 4549.46 of the Revised Code, of	89256
any substantively comparable provisions of the law of any other	89257
state, or of subchapter IV of the "Motor Vehicle Information and	89258
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	89259

Sec. 4517.10. At the time the registrar of motor vehicles	89260
grants the application of any person for a license as motor	89261
vehicle dealer, motor vehicle leasing dealer, ~~manufactured home~~	89262
~~broker,~~ distributor, motor vehicle auction owner, or motor vehicle	89263
salesperson, the registrar shall issue to the person a license.	89264
The registrar shall prescribe different forms for the licenses of	89265
motor vehicle dealers, motor vehicle leasing dealers, ~~manufactured~~	89266
~~home brokers,~~ distributors, motor vehicle auction owners, and	89267
motor vehicle salespersons, and all licenses shall include the	89268
name and post-office address of the person licensed.	89269

The fee for a dealer's license,and a motor vehicle leasing	89270
dealer's license~~, and a manufactured home broker's license~~ shall	89271
be fifty dollars, and the fee for a salesperson's license shall be	89272
ten dollars. The fee for a motor vehicle auction owner's license	89273
shall be one hundred dollars for each location. The fee for a	89274
distributor's license shall be one hundred dollars for each	89275
distributorship. In all cases, the fee shall accompany the	89276
application for license.	89277

The registrar may require each applicant for a license issued	89278
under this chapter to pay an additional fee, which shall be used	89279
by the registrar to pay the costs of obtaining a record of any	89280
arrests and convictions of the applicant from the Ohio bureau of	89281
identification and investigation. The amount of the fee shall be	89282
equal to that paid by the registrar to obtain such record.	89283

If a dealer,or a motor vehicle leasing dealer~~, or a~~	89284
~~manufactured home broker,~~ has more than one place of business in	89285
the county, the dealer ~~or the broker~~ shall make application, in	89286
such form as the registrar prescribes, for a certified copy of the	89287
license issued to the dealer ~~or manufactured home broker~~ for each	89288
place of business operated. In the event of the loss, mutilation,	89289
or destruction of a license issued under sections 4517.01 to	89290
4517.65 of the Revised Code, any licensee may make application to	89291
the registrar, in such form as the registrar prescribes, for a	89292
duplicate copy thereof. The fee for a certified or duplicate copy	89293
of a dealer's, motor vehicle leasing dealer's, ~~manufactured home~~	89294
~~broker's,~~ distributor's, or auction owner's license, is two	89295
dollars, and the fee for a duplicate copy of a salesperson's	89296
license is one dollar. All fees for such copies shall accompany	89297
the applications.	89298

Beginning on ~~the effective date of this amendment~~September	89299
16, 2004, all dealers' licenses, motor vehicle leasing dealers'	89300
licenses, ~~manufactured home broker's licenses,~~ distributors'	89301
licenses, auction owners' licenses, and all salespersons' licenses	89302
issued or renewed shall expire biennially on a day within the	89303
two-year cycle that is prescribed by the registrar, unless sooner	89304
suspended or revoked. Before the first day after the day	89305
prescribed by the registrar in the year that the license expires,	89306
each licensed dealer, motor vehicle leasing dealer, ~~manufactured~~	89307
~~home broker,~~ distributor, and auction owner and each licensed	89308
salesperson, in the year in which the license will expire, shall	89309
file an application, in such form as the registrar prescribes, for	89310
the renewal of such license. The fee provided in this section for	89311
the original license shall accompany the application.	89312

Any salesperson's license shall be suspended upon the	89313
termination, suspension, or revocation of the license of the motor	89314
vehicle dealer ~~or manufactured home broker~~ for whom the	89315
salesperson is acting, or upon the salesperson leaving the service	89316
of the motor vehicle dealer ~~or manufactured home broker~~; provided	89317
that upon the termination, suspension, or revocation of the	89318
license of the motor vehicle dealer ~~or manufactured home broker~~	89319
for whom the salesperson is acting, or upon the salesperson	89320
leaving the service of a licensed motor vehicle dealer or	89321
~~manufactured home broker~~, the licensed salesperson, upon entering	89322
the service of any other licensed motor vehicle dealer or	89323
~~manufactured home broker~~, shall make application to the registrar,	89324
in such form as the registrar prescribes, to have the	89325
salesperson's license reinstated, transferred, and registered as a	89326
salesperson for the other dealer ~~or broker~~. If the information	89327
contained in the application is satisfactory to the registrar, the	89328
registrar shall have the salesperson's license reinstated,	89329
transferred, and registered as a salesperson for the other dealer	89330
~~or broker~~. The fee for the reinstatement and transfer of license	89331
shall be two dollars. No license issued to a dealer, motor vehicle	89332
leasing dealer, auction owner, ~~manufactured home broker,~~ or	89333
salesperson, under sections 4517.01 to 4517.65 of the Revised Code	89334
shall be transferable to any other person.	89335

Each dealer, motor vehicle leasing dealer, ~~manufactured home~~	89336
~~broker,~~ distributor, and auction owner shall keep the license or a	89337
certified copy thereof and, in the case of a dealer ~~or broker~~, a	89338
current list of the dealer's ~~or the broker's~~ licensed	89339
salespersons, showing the names, addresses, and serial numbers of	89340
their licenses, posted in a conspicuous place in each place of	89341
business. Each salesperson shall carry the salesperson's license	89342
or a certified copy thereof and shall exhibit such license or copy	89343
upon demand to any inspector of the bureau of motor vehicles,	89344
state highway patrol trooper, police officer, or person with whom	89345
the salesperson seeks to transact business as a motor vehicle	89346
salesperson.	89347

The notice of refusal to grant a license shall disclose the	89348
reason for refusal.	89349

Sec. 4517.12. (A) The registrar of motor vehicles shall deny	89350
the application of any person for a license as a motor vehicle	89351
dealer, motor vehicle leasing dealer, ~~manufactured home broker,~~ or	89352
motor vehicle auction owner and refuse to issue the license if the	89353
registrar finds that the applicant:	89354

(1) Has made any false statement of a material fact in the	89355
application;	89356

(2) Has not complied with sections 4517.01 to 4517.45 of the	89357
Revised Code;	89358

(3) Is of bad business repute or has habitually defaulted on	89359
financial obligations;	89360

(4) Is engaged or will engage in the business of selling at	89361
retail any new motor vehicles without having written authority	89362
from the manufacturer or distributor thereof to sell new motor	89363
vehicles and to perform repairs under the terms of the	89364
manufacturer's or distributor's new motor vehicle warranty, except	89365
as provided in division (C) of this section and except that a	89366
person who assembles or installs special equipment or accessories	89367
for handicapped persons, as defined in section 4503.44 of the	89368
Revised Code, upon a motor vehicle chassis supplied by a	89369
manufacturer or distributor shall not be denied a license pursuant	89370
to division (A)(4) of this section;	89371

(5) Has been guilty of a fraudulent act in connection with	89372
selling or otherwise dealing in, or leasing, motor vehicles, or in	89373
connection with brokering manufactured homes;	89374

(6) Has entered into or is about to enter into a contract or	89375
agreement with a manufacturer or distributor of motor vehicles	89376
that is contrary to sections 4517.01 to 4517.45 of the Revised	89377
Code;	89378

(7) Is insolvent;

89379

(8) Is of insufficient responsibility to ensure the prompt	89380
payment of any final judgments that might reasonably be entered	89381
against the applicant because of the transaction of business as a	89382
motor vehicle dealer, motor vehicle leasing dealer, ~~manufactured~~	89383
~~home broker,~~ or motor vehicle auction owner during the period of	89384
the license applied for, or has failed to satisfy any such	89385
judgment;	89386

(9) Has no established place of business that, where	89387
applicable, is used or will be used for the purpose of selling,	89388
displaying, offering for sale, dealing in, or leasing motor	89389
vehicles at the location for which application is made;	89390

(10) Has, less than twelve months prior to making	89391
application, been denied a motor vehicle dealer's, motor vehicle	89392
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	89393
auction owner's license, or has any such license revoked.	89394

(B) If the applicant is a corporation or partnership, the	89395
registrar may refuse to issue a license if any officer, director,	89396
or partner of the applicant has been guilty of any act or omission	89397
that would be cause for refusing or revoking a license issued to	89398
such officer, director, or partner as an individual. The	89399
registrar's finding may be based upon facts contained in the	89400
application or upon any other information the registrar may have.	89401
Immediately upon denying an application for any of the reasons in	89402
this section, the registrar shall enter a final order together	89403
with the registrar's findings and certify the same to the motor	89404
vehicle dealers' and salespersons' licensing board.	89405

(C) Notwithstanding division (A)(4) of this section, the	89406
registrar shall not deny the application of any person and refuse	89407
to issue a license if the registrar finds that the applicant is	89408
engaged or will engage in the business of selling at retail any	89409
new motor vehicles and demonstrates all of the following in the	89410
form prescribed by the registrar:	89411

(1) That the applicant has posted a bond, surety, or	89412
certificate of deposit with the registrar in an amount not less	89413
than one hundred thousand dollars for the protection and benefit	89414
of the applicant's customers except that a new motor vehicle	89415
dealer who is not exclusively engaged in the business of selling	89416
remanufactured vehicles shall not be required to post the bond,	89417
surety, or certificate of deposit otherwise required by division	89418
(C)(1) of this section;	89419

(2) ~~That, at the time of the sale of the vehicle, each~~	89420
~~customer of the applicant will be furnished with a binding~~	89421
~~agreement ensuring that the customer has the right to have the~~	89422
~~vehicle serviced or repaired by a new motor vehicle dealer who is~~	89423
~~licensed to sell and service vehicles of the same line-make as the~~	89424
~~chassis of the remanufactured vehicle purchased by the customer~~	89425
~~and whose service or repair facility is located within either~~	89426
~~twenty miles of the applicant's location and place of business or~~	89427
~~twenty miles of the customer's residence or place of business. If~~	89428
~~there is no such new motor vehicle dealer located within twenty~~	89429
~~miles of the applicant's location and place of business or the~~	89430
~~customer's residence or place of business, the binding agreement~~	89431
~~furnished to the customer may be with the new motor vehicle dealer~~	89432
~~who is franchised to sell and service vehicles of the same~~	89433
~~line-make as the chassis of the remanufactured vehicle purchased~~	89434
~~by the customer and whose service or repair facility is located~~	89435
~~nearest to the remanufacturer's location and place of business or~~	89436
~~the customer's residence or place of business.~~	89437

~~(3)~~ That, at the time of the sale of the vehicle, each	89438
customer of the applicant will be furnished with a warranty issued	89439
by the remanufacturer for a term of at least one year;	89440

~~(4)~~(3) That the applicant provides and maintains at the	89441
applicant's location and place of business a permanent facility	89442
with all of the following:	89443

(a) A showroom with space, under roof, for the display of at	89444
least one new motor vehicle;	89445

(b) A service and parts facility for remanufactured vehicles;

89446

(c) Full-time service and parts personnel with the proper	89447
training and technical expertise to service the remanufactured	89448
vehicles sold by the applicant.	89449

Sec. 4517.13. The registrar of motor vehicles shall deny the	89450
application of any person for a license as a distributor and	89451
refuse to issue the license if the registrar finds that the	89452
applicant:	89453

(A) Has made any false statement of a material fact in the	89454
application;	89455

(B) Has not complied with sections 4517.01 to 4517.45 of the	89456
Revised Code;	89457

(C) Is of bad business repute or has habitually defaulted on	89458
financial obligations;	89459

(D) Is engaged or will engage in the business of distributing	89460
any new motor vehicle without having the authority of a contract	89461
with the manufacturer of the vehicle;	89462

(E) Has been guilty of a fraudulent act in connection with	89463
selling or otherwise dealing in motor vehicles;	89464

(F) Has entered into or is about to enter into a contract or	89465
agreement with a manufacturer of motor vehicles that is contrary	89466
to sections 4517.01 to 4517.45 of the Revised Code;	89467

(G) Is insolvent;

89468

(H) Is of insufficient responsibility to ensure the prompt	89469
payment of any financial judgment that might reasonably be entered	89470
against the applicant because of the transaction of business as a	89471
distributor during the period of the license applied for, or has	89472
failed to satisfy any such judgment;	89473

(I) Has no established place of business that, where	89474
applicable, is used or will be used exclusively for the purpose of	89475
distributing new motor vehicles at the location for which	89476
application is made;	89477

(J) Has, less than twelve months prior to making application,	89478
been denied a distributor's, motor vehicle dealer's, motor vehicle	89479
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	89480
auction owner's license, or had any such license revoked.	89481

If the applicant is a corporation or partnership, the	89482
registrar may refuse to issue a license if any officer, director,	89483
employee, or partner of the applicant has been guilty of any act	89484
or omission that would be cause for refusing or revoking a license	89485
issued to such officer, director, employee, or partner as an	89486
individual. The registrar's finding may be based upon facts	89487
contained in the application or upon any other information the	89488
registrar may have. Immediately upon denying an application for	89489
any of the reasons in this section, the registrar shall enter a	89490
final order together with the registrar's findings and certify the	89491
same to the motor vehicle dealers board.	89492

Sec. 4517.14. The registrar of motor vehicles shall deny the	89493
application of any person for a license as a salesperson and	89494
refuse to issue the license if the registrar finds that the	89495
applicant:	89496

(A) Has made any false statement of a material fact in the	89497
application;	89498

(B) Has not complied with sections 4517.01 to 4517.45 of the	89499
Revised Code;	89500

(C) Is of bad business repute or has habitually defaulted on	89501
financial obligations;	89502

(D) Has been guilty of a fraudulent act in connection with	89503
selling or otherwise dealing in motor vehicles;	89504

(E) Has not been designated to act as salesperson for a motor	89505
vehicle dealer ~~or manufactured home broker~~ licensed to do business	89506
in this state under section 4517.10 of the Revised Code, or	89507
intends to act as salesperson for more than one licensed motor	89508
vehicle dealer ~~or manufactured home broker~~ at the same time,	89509
except that a licensed salesperson may act as a salesperson at any	89510
licensed dealership owned or operated by the same ~~corporation~~	89511
company, regardless of the county in which the dealership's	89512
facility is located;	89513

(F) Holds a current motor vehicle dealer's ~~or manufactured~~	89514
~~home broker's~~ license issued under section 4517.10 of the Revised	89515
Code, and intends to act as salesperson for another licensed motor	89516
vehicle dealer ~~or manufactured home broker~~;	89517

(G) Has, less than twelve months prior to making application,	89518
been denied a salesperson's license or had a salesperson's license	89519
revoked.	89520

The registrar may refuse to issue a salesperson's license to	89521
an applicant who was salesperson for, or in the employ of, a motor	89522
vehicle dealer ~~or manufactured home broker~~ at the time the	89523
dealer's ~~or broker's~~ license was revoked. The registrar's finding	89524
may be based upon any statement contained in the application or	89525
upon any facts within the registrar's knowledge, and, immediately	89526
upon refusing to issue a salesperson's license, the registrar	89527
shall enter a final order and shall certify the final order	89528
together with his findings to the motor vehicle dealers board.	89529

Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor	89530
vehicle leasing dealer, ~~manufactured home broker,~~ or distributor	89531
shall notify the registrar of motor vehicles concerning any change	89532
in status as a dealer, motor vehicle leasing dealer, ~~manufactured~~	89533
~~home broker,~~ or distributor during the period for which the	89534
dealer, ~~broker,~~ or distributor is licensed, if the change of	89535
status concerns any of the following:	89536

(1) Personnel of owners, partners, officers, or directors;

89537

(2) Location of office or principal place of business;

89538

(3) In the case of a motor vehicle dealer, any contract or	89539
agreement with any manufacturer or distributor; and in the case of	89540
a distributor, any contract or agreement with any manufacturer.	89541

(B) The notification required by division (A) of this section	89542
shall be made by filing with the registrar, within fifteen days	89543
after the change of status, a supplemental statement in a form	89544
prescribed by the registrar showing in what respect the status has	89545
been changed. If the change involves a change in any contract or	89546
agreement between any manufacturer or distributor, and dealer, or	89547
any manufacturer and distributor, the supplemental statement shall	89548
be accompanied by such copies of contracts, statements, and	89549
certificates as would have been required by sections 4517.01 to	89550
4517.45 of the Revised Code if the change had occurred prior to	89551
the licensee's application for license.	89552

The motor vehicle dealers board may adopt a rule exempting	89553
from the notification requirement of division (A)(1) of this	89554
section any dealer if stock in the dealer or its parent company is	89555
publicly traded and if there are public records with state or	89556
federal agencies that provide the information required by division	89557
(A)(1) of this section.	89558

(C) Whoever violates this section is guilty of a misdemeanor	89559
of the fourth degree.	89560

Sec. 4517.24. (A) No two motor vehicle dealers shall engage	89561
in business at the same location, unless they agree to be jointly,	89562
severally, and personally liable for any liability arising from	89563
their engaging in business at the same location. The agreement	89564
shall be filed with the motor vehicle dealers board, and shall	89565
also be made a part of the articles of incorporation of each such	89566
dealer filed with the secretary of state. Whenever the board has	89567
reason to believe that a dealer who has entered into such an	89568
agreement has revoked the agreement but continues to engage in	89569
business at the same location, the board shall revoke the dealer's	89570
license.	89571

(B) ~~This section does not apply to two or more motor vehicle~~	89572
~~dealers engaged in the business of selling new or used~~	89573
~~manufactured or mobile homes in the same manufactured home park.~~	89574

~~(C)~~ Whoever violates this section is guilty of a misdemeanor	89575
of the fourth degree.	89576

Sec. 4517.44. (A) No manufacturer or distributor of motor	89577
vehicles, dealer in motor vehicles, ~~or manufactured home broker,~~	89578
nor any owner, proprietor, person in control, or keeper of any	89579
garage, stable, shop, or other place of business, shall fail to	89580
keep or cause to be kept any record required by law.	89581

(B) Whoever violates this section is guilty of a minor	89582
misdemeanor.	89583

Sec. 4549.17. (A) No law enforcement officer employed by a	89584
law enforcement agency of a municipal corporation, township, or	89585
joint ~~township~~ police district shall issue any citation, summons,	89586
or ticket for a violation of section 4511.21 of the Revised Code	89587
or a substantially similar municipal ordinance or for a violation	89588
of section 5577.04 of the Revised Code or a substantially similar	89589
municipal ordinance, if all of the following apply:	89590

(1) The citation, summons, or ticket would be issued for a	89591
violation described in division (A) of this section that occurs on	89592
a freeway that is part of the interstate system;	89593

(2) The municipal corporation, township, or joint ~~township~~	89594
police district that employs the law enforcement officer has less	89595
than eight hundred eighty yards of the freeway that is part of the	89596
interstate system within its jurisdiction;	89597

(3) The law enforcement officer must travel outside the	89598
boundaries of the municipal corporation, township, or joint	89599
~~township~~ police district that employs ~~him~~the officer in order to	89600
enter onto the freeway;	89601

(4) The law enforcement officer travels onto the freeway for	89602
the primary purpose of issuing citations, summonses, or tickets	89603
for violations of section 4511.21 of the Revised Code or a	89604
substantially similar municipal ordinance or for violations of	89605
section 5577.04 of the Revised Code or a substantially similar	89606
municipal ordinance.	89607

(B) As used in this section, "interstate system" has the same	89608
meaning as in section 5516.01 of the Revised Code.	89609

Sec. 4582.12. (A)(1) Except as otherwise provided in	89610
division (E) of section 307.671 of the Revised Code, division (A)	89611
of this section does not apply to a port authority educational and	89612
cultural facility acquired, constructed, and equipped pursuant to	89613
a cooperative agreement entered into under section 307.671 of the	89614
Revised Code.	89615

(2)(a) Except as provided in division (C) of this section,	89616
when the cost of a contract for the construction of any building,	89617
structure, or other improvement undertaken by a port authority	89618
involves an expenditure exceeding the higher of one hundred	89619
thousand dollars or the amount as adjusted under division	89620
(A)(2)(b) of this section and the port authority is the	89621
contracting entity, the port authority shall make a written	89622
contract after notice calling for bids for the award of the	89623
contract has been given by publication twice, with at least seven	89624
days between publications, in a newspaper of general circulation	89625
in the area of the jurisdiction of the port authority. Each such	89626
contract shall be let to the lowest responsive and responsible	89627
bidder in accordance with section 9.312 of the Revised Code. Every	89628
contract let shall be in writing and if the contract involves work	89629
or construction, it shall be accompanied by or shall refer to	89630
plans and specifications for the work to be done, prepared for and	89631
approved by the port authority, signed by an authorized officer of	89632
the port authority and by the contractor, and shall be executed in	89633
triplicate.	89634

Each bid shall be awarded in accordance with sections 153.54,	89635
153.57, and 153.571 of the Revised Code.	89636

The port authority may reject any and all bids.

89637

(b) On January 1, 2012, and the first day of January of every	89638
even-numbered year thereafter, the director of commerce shall	89639
adjust the threshold level for contracts subject to the bidding	89640
requirements contained in division (A)(2)(a) of this section. The	89641
director shall adjust this amount according to the average	89642
increase for each of the two years immediately preceding the	89643
adjustment as set forth in the producer price index for material	89644
and supply inputs for new nonresidential construction as	89645
determined by the bureau of labor statistics of the United States	89646
department of labor or, if that index no longer is published, a	89647
generally available comparable index. If there is no resulting	89648
increase, the threshold shall remain the same until the next	89649
scheduled adjustment on the first day of January of the next	89650
even-numbered year.	89651

(B) The board of directors of a port authority by rule may	89652
provide criteria for the negotiation and award without competitive	89653
bidding of any contract as to which the port authority is the	89654
contracting entity for the construction of any building,	89655
structure, or other improvement under any of the following	89656
circumstances:	89657

(1) There exists a real and present emergency that threatens	89658
damage or injury to persons or property of the port authority or	89659
other persons, provided that a statement specifying the nature of	89660
the emergency that is the basis for the negotiation and award of a	89661
contract without competitive bidding shall be signed by the	89662
officer of the port authority that executes that contract at the	89663
time of the contract's execution and shall be attached to the	89664
contract.	89665

(2) A commonly recognized industry or other standard or	89666
specification does not exist and cannot objectively be articulated	89667
for the improvement.	89668

(3) The contract is for any energy conservation measure as	89669
defined in section 307.041 of the Revised Code.	89670

(4) With respect to material to be incorporated into the	89671
improvement, only a single source or supplier exists for the	89672
material.	89673

(5) A single bid is received by the port authority after	89674
complying with the provisions of division (A) of this section.	89675

(C)(1) If a contract is to be negotiated and awarded without	89676
competitive bidding for the reason set forth in division (B)(2) of	89677
this section, the port authority shall publish a notice calling	89678
for technical proposals at least twice, with at least seven days	89679
between publications, in a newspaper of general circulation in the	89680
area of the port authority. After receipt of the technical	89681
proposals, the port authority may negotiate with and award a	89682
contract for the improvement to the proposer making the proposal	89683
considered to be the most advantageous to the port authority.	89684

(2) If a contract is to be negotiated and awarded without	89685
competitive bidding for the reason set forth in division (B)(4) of	89686
this section, any construction activities related to the	89687
incorporation of the material into the improvement also may be	89688
provided without competitive bidding by the source or supplier of	89689
that material.	89690

~~(D) No contract for the construction or repair of any~~	89691
~~building, structure, or other improvement and no loan agreement~~	89692
~~for the borrowing of funds for any such improvement undertaken by~~	89693
~~a port authority, where the port authority is the contracting~~	89694
~~entity, shall be executed unless laborers and mechanics employed~~	89695
~~on such improvements are paid at the prevailing rates of wages of~~	89696
~~laborers and mechanics for the class of work called for by the~~	89697
~~improvement. The wages shall be determined in accordance with the~~	89698
~~requirements of Chapter 4115. of the Revised Code for the~~	89699
~~determination of prevailing wage rates, provided that the~~	89700
~~requirements of this section do not apply where the federal~~	89701
~~government or any of its agencies furnishes by loan or grant all~~	89702
~~or any part of the funds used in connection with such project and~~	89703
~~prescribes predetermined minimum wages to be paid to the laborers~~	89704
~~and mechanics.~~	89705

Sec. 4582.31. (A) A port authority created in accordance	89706
with section 4582.22 of the Revised Code may:	89707

(1) Adopt bylaws for the regulation of its affairs and the	89708
conduct of its business;	89709

(2) Adopt an official seal;

89710

(3) Maintain a principal office within its jurisdiction, and	89711
maintain such branch offices as it may require;	89712

(4) Acquire, construct, furnish, equip, maintain, repair,	89713
sell, exchange, lease to or from, or lease with an option to	89714
purchase, convey other interests in real or personal property, or	89715
any combination thereof, related to, useful for, or in furtherance	89716
of any authorized purpose and operate any property in connection	89717
with transportation, recreational, governmental operations, or	89718
cultural activities;	89719

(5) Straighten, deepen, and improve any channel, river,	89720
stream, or other water course or way which may be necessary or	89721
proper in the development of the facilities of a port authority;	89722

(6) Make available the use or services of any port authority	89723
facility to one or more persons, one or more governmental	89724
agencies, or any combination thereof;	89725

(7) Issue bonds or notes for the acquisition, construction,	89726
furnishing, or equipping of any port authority facility or other	89727
permanent improvement that a port authority is authorized to	89728
acquire, construct, furnish, or equip, in compliance with Chapter	89729
133. of the Revised Code, except that such bonds or notes may only	89730
be issued pursuant to a vote of the electors residing within the	89731
area of jurisdiction of the port authority. The net indebtedness	89732
incurred by a port authority shall never exceed two per cent of	89733
the total value of all property within the territory comprising	89734
the port authority as listed and assessed for taxation.	89735

(8) Issue port authority revenue bonds beyond the limit of	89736
bonded indebtedness provided by law, payable solely from revenues	89737
as provided in section 4582.48 of the Revised Code, for the	89738
purpose of providing funds to pay the costs of any port authority	89739
facility or facilities or parts thereof;	89740

(9) Apply to the proper authorities of the United States	89741
pursuant to appropriate law for the right to establish, operate,	89742
and maintain foreign trade zones and establish, operate, and	89743
maintain foreign trade zones and to acquire, exchange, sell, lease	89744
to or from, lease with an option to purchase, or operate	89745
facilities, land, or property therefor in accordance with the	89746
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to	89747
81u;	89748

(10) Enjoy and possess the same rights, privileges, and	89749
powers granted municipal corporations under sections 721.04 to	89750
721.11 of the Revised Code;	89751

(11) Maintain such funds as it considers necessary;

89752

(12) Direct its agents or employees, when properly identified	89753
in writing, and after at least five days' written notice, to enter	89754
upon lands within the confines of its jurisdiction in order to	89755
make surveys and examinations preliminary to location and	89756
construction of works for the purposes of the port authority,	89757
without liability of the port authority or its agents or employees	89758
except for actual damage done;	89759

(13) Promote, advertise, and publicize the port authority and	89760
its facilities; provide information to shippers and other	89761
commercial interests; and appear before rate-making authorities to	89762
represent and promote the interests of the port authority;	89763

(14) Adopt rules, not in conflict with general law, it finds	89764
necessary or incidental to the performance of its duties and the	89765
execution of its powers under sections 4582.21 to 4582.54 of the	89766
Revised Code. Any such rule shall be posted at no less than five	89767
public places in the port authority, as determined by the board of	89768
directors, for a period of not fewer than fifteen days, and shall	89769
be available for public inspection at the principal office of the	89770
port authority during regular business hours. No person shall	89771
violate any lawful rule adopted and posted as provided in this	89772
division.	89773

(15) Do any of the following, in regard to any interests in	89774
any real or personal property, or any combination thereof,	89775
including, without limitation, machinery, equipment, plants,	89776
factories, offices, and other structures and facilities related	89777
to, useful for, or in furtherance of any authorized purpose, for	89778
such consideration and in such manner, consistent with Article	89779
VIII of the Ohio Constitution, as the board in its sole discretion	89780
may determine:	89781

(a) Loan moneys to any person or governmental entity for the	89782
acquisition, construction, furnishing, and equipping of the	89783
property;	89784

(b) Acquire, construct, maintain, repair, furnish, and equip	89785
the property;	89786

(c) Sell to, exchange with, lease, convey other interests in,	89787
or lease with an option to purchase the same or any lesser	89788
interest in the property to the same or any other person or	89789
governmental entity;	89790

(d) Guarantee the obligations of any person or governmental	89791
entity.	89792

A port authority may accept and hold as consideration for the	89793
conveyance of property or any interest therein such property or	89794
interests therein as the board in its discretion may determine,	89795
notwithstanding any restrictions that apply to the investment of	89796
funds by a port authority.	89797

(16) Sell, lease, or convey other interests in real and	89798
personal property, and grant easements or rights-of-way over	89799
property of the port authority. The board of directors shall	89800
specify the consideration and any terms for the sale, lease, or	89801
conveyance of other interests in real and personal property. Any	89802
determination made by the board under this division shall be	89803
conclusive. The sale, lease, or conveyance may be made without	89804
advertising and the receipt of bids.	89805

(17) Exercise the right of eminent domain to appropriate any	89806
land, rights, rights-of-way, franchises, easements, or other	89807
property, necessary or proper for any authorized purpose, pursuant	89808
to the procedure provided in sections 163.01 to 163.22 of the	89809
Revised Code, if funds equal to the appraised value of the	89810
property to be acquired as a result of such proceedings are	89811
available for that purpose. However, nothing contained in sections	89812
4582.201 to 4582.59 of the Revised Code shall authorize a port	89813
authority to take or disturb property or facilities belonging to	89814
any agency or political subdivision of this state, public utility,	89815
cable operator, or common carrier, which property or facilities	89816
are necessary and convenient in the operation of the agency or	89817
political subdivision, public utility, cable operator, or common	89818
carrier, unless provision is made for the restoration, relocation,	89819
or duplication of such property or facilities, or upon the	89820
election of the agency or political subdivision, public utility,	89821
cable operator, or common carrier, for the payment of	89822
compensation, if any, at the sole cost of the port authority,	89823
provided that:	89824

(a) If any restoration or duplication proposed to be made	89825
under this section involves a relocation of the property or	89826
facilities, the new facilities and location shall be of at least	89827
comparable utilitarian value and effectiveness and shall not	89828
impair the ability of the public utility, cable operator, or	89829
common carrier to compete in its original area of operation;	89830

(b) If any restoration or duplication made under this section	89831
involves a relocation of the property or facilities, the port	89832
authority shall acquire no interest or right in or to the	89833
appropriated property or facilities, except as provided in	89834
division (A)(15) of this section, until the relocated property or	89835
facilities are available for use and until marketable title	89836
thereto has been transferred to the public utility, cable	89837
operator, or common carrier.	89838

As used in division (A)(17) of this section, "cable operator"	89839
has the same meaning as in the "Cable Communications Policy Act of	89840
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as	89841
amended by the "Telecommunications Act of 1996," Pub. L. No.	89842
104-104, 110 Stat. 56.	89843

(18)(a) Make and enter into all contracts and agreements and	89844
execute all instruments necessary or incidental to the performance	89845
of its duties and the execution of its powers under sections	89846
4582.21 to 4582.59 of the Revised Code.	89847

(b)(i) Except as provided in division (A)(18)(c) of this	89848
section, when the cost of a contract for the construction of any	89849
building, structure, or other improvement undertaken by a port	89850
authority involves an expenditure exceeding the higher of one	89851
hundred thousand dollars or the amount as adjusted under division	89852
(A)(18)(b)(ii) of this section, and the port authority is the	89853
contracting entity, the port authority shall make a written	89854
contract after notice calling for bids for the award of the	89855
contract has been given by publication twice, with at least seven	89856
days between publications, in a newspaper of general circulation	89857
in the area of the port authority or as provided in section 7.16	89858
of the Revised Code. Each such contract shall be let to the lowest	89859
responsive and responsible bidder in accordance with section 9.312	89860
of the Revised Code. Every contract shall be accompanied by or	89861
shall refer to plans and specifications for the work to be done,	89862
prepared for and approved by the port authority, signed by an	89863
authorized officer of the port authority and by the contractor,	89864
and shall be executed in triplicate.	89865

Each bid shall be awarded in accordance with sections 153.54,	89866
153.57, and 153.571 of the Revised Code. The port authority may	89867
reject any and all bids.	89868

(ii) On January 1, 2012, and the first day of January of	89869
every even-numbered year thereafter, the director of commerce	89870
shall adjust the threshold level for contracts subject to the	89871
bidding requirements contained in division (A)(18)(b)(i) of this	89872
section. The director shall adjust this amount according to the	89873
average increase for each of the two years immediately preceding	89874
the adjustment as set forth in the producer price index for	89875
material and supply inputs for new nonresidential construction as	89876
determined by the bureau of labor statistics of the United States	89877
department of labor or, if that index no longer is published, a	89878
generally available comparable index. If there is no resulting	89879
increase, the threshold shall remain the same until the next	89880
scheduled adjustment on the first day of January of the next	89881
even-numbered year.	89882

(c) The board of directors by rule may provide criteria for	89883
the negotiation and award without competitive bidding of any	89884
contract as to which the port authority is the contracting entity	89885
for the construction of any building or structure or other	89886
improvement under any of the following circumstances:	89887

(i) There exists a real and present emergency that threatens	89888
damage or injury to persons or property of the port authority or	89889
other persons, provided that a statement specifying the nature of	89890
the emergency that is the basis for the negotiation and award of a	89891
contract without competitive bidding shall be signed by the	89892
officer of the port authority that executes that contract at the	89893
time of the contract's execution and shall be attached to the	89894
contract.	89895

(ii) A commonly recognized industry or other standard or	89896
specification does not exist and cannot objectively be articulated	89897
for the improvement.	89898

(iii) The contract is for any energy conservation measure as	89899
defined in section 307.041 of the Revised Code.	89900

(iv) With respect to material to be incorporated into the	89901
improvement, only a single source or supplier exists for the	89902
material.	89903

(v) A single bid is received by the port authority after	89904
complying with the provisions of division (A)(18)(b) of this	89905
section.	89906

(d)(i) If a contract is to be negotiated and awarded without	89907
competitive bidding for the reason set forth in division	89908
(A)(18)(c)(ii) of this section, the port authority shall publish a	89909
notice calling for technical proposals ~~at least~~ twice, with at	89910
least seven days between publications, in a newspaper of general	89911
circulation in the area of the port authority or as provided in	89912
section 7.16 of the Revised Code. After receipt of the technical	89913
proposals, the port authority may negotiate with and award a	89914
contract for the improvement to the proposer making the proposal	89915
considered to be the most advantageous to the port authority.	89916

(ii) If a contract is to be negotiated and awarded without	89917
competitive bidding for the reason set forth in division	89918
(A)(18)(c)(iv) of this section, any construction activities	89919
related to the incorporation of the material into the improvement	89920
also may be provided without competitive bidding by the source or	89921
supplier of that material.	89922

(e)(i) Any purchase, exchange, sale, lease, lease with an	89923
option to purchase, conveyance of other interests in, or other	89924
contract with a person or governmental entity that pertains to the	89925
acquisition, construction, maintenance, repair, furnishing,	89926
equipping, or operation of any real or personal property, or any	89927
combination thereof, related to, useful for, or in furtherance of	89928
an activity contemplated by Section 13 or 16 of Article VIII, Ohio	89929
Constitution, shall be made in such manner and subject to such	89930
terms and conditions as may be determined by the board of	89931
directors in its discretion.	89932

(ii) Division (A)(18)(e)(i) of this section applies to all	89933
contracts that are subject to the division, notwithstanding any	89934
other provision of law that might otherwise apply, including,	89935
without limitation, any requirement of notice, any requirement of	89936
competitive bidding or selection, or any requirement for the	89937
provision of security.	89938

(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not	89939
apply to either of the following: any contract secured by or to be	89940
paid from moneys raised by taxation or the proceeds of obligations	89941
secured by a pledge of moneys raised by taxation; or any contract	89942
secured exclusively by or to be paid exclusively from the general	89943
revenues of the port authority. For the purposes of this section,	89944
any revenues derived by the port authority under a lease or other	89945
agreement that, by its terms, contemplates the use of amounts	89946
payable under the agreement either to pay the costs of the	89947
improvement that is the subject of the contract or to secure	89948
obligations of the port authority issued to finance costs of such	89949
improvement, are excluded from general revenues.	89950

(19) Employ managers, superintendents, and other employees	89951
and retain or contract with consulting engineers, financial	89952
consultants, accounting experts, architects, attorneys, and any	89953
other consultants and independent contractors as are necessary in	89954
its judgment to carry out this chapter, and fix the compensation	89955
thereof. All expenses thereof shall be payable from any available	89956
funds of the port authority or from funds appropriated for that	89957
purpose by a political subdivision creating or participating in	89958
the creation of the port authority.	89959

(20) Receive and accept from any state or federal agency	89960
grants and loans for or in aid of the construction of any port	89961
authority facility or for research and development with respect to	89962
port authority facilities, and receive and accept aid or	89963
contributions from any source of money, property, labor, or other	89964
things of value, to be held, used, and applied only for the	89965
purposes for which the grants and contributions are made;	89966

(21) Engage in research and development with respect to port	89967
authority facilities;	89968

(22) Purchase fire and extended coverage and liability	89969
insurance for any port authority facility and for the principal	89970
office and branch offices of the port authority, insurance	89971
protecting the port authority and its officers and employees	89972
against liability for damage to property or injury to or death of	89973
persons arising from its operations, and any other insurance the	89974
port authority may agree to provide under any resolution	89975
authorizing its port authority revenue bonds or in any trust	89976
agreement securing the same;	89977

(23) Charge, alter, and collect rentals and other charges for	89978
the use or services of any port authority facility as provided in	89979
section 4582.43 of the Revised Code;	89980

(24) Provide coverage for its employees under Chapters 145.,	89981
4123., and 4141. of the Revised Code;	89982

(25) Do all acts necessary or proper to carry out the powers	89983
expressly granted in sections 4582.21 to 4582.59 of the Revised	89984
Code.	89985

(B) Any instrument by which real property is acquired	89986
pursuant to this section shall identify the agency of the state	89987
that has the use and benefit of the real property as specified in	89988
section 5301.012 of the Revised Code.	89989

(C) Whoever violates division (A)(14) of this section is	89990
guilty of a minor misdemeanor.	89991

Sec. 4585.10. The officer holding a writ for the sale of a	89992
watercraft, its apparel, or furniture, before ~~he proceeds~~	89993
proceeding to sell it, shall give public notice of the time and	89994
place of sale for at least ten days previous thereto or as	89995
provided in section 7.16 of the Revised Code, by advertisement in	89996
a newspaper ~~published~~of general circulation in the county, and by	89997
advertisement posted in at least five public places in the county.	89998
Such sales shall be conducted, and the court shall have the same	89999
power over them as sales upon execution.	90000

Sec. 4705.021. (A) As used in this section:

90001

(1) "Disciplinary counsel" means the disciplinary counsel	90002
appointed by the board of commissioners on grievances and	90003
discipline of the supreme court under the Rules for the Government	90004
of the Bar of Ohio.	90005

(2) "Certified grievance committee" means a duly constituted	90006
and organized committee of the Ohio state bar association or of	90007
one or more local bar associations of the state that complies with	90008
the criteria set forth in rule V, section 3 of the Rules for the	90009
Government of the Bar of Ohio.	90010

(3) "Child support order" has the same meaning as in section	90011
3119.01 of the Revised Code.	90012

(B) If an individual who has been admitted to the bar by	90013
order of the supreme court in compliance with its published rules	90014
is determined pursuant to sections 3123.01 to 3123.07 of the	90015
Revised Code by a court or child support enforcement agency to be	90016
in default under a support order being administered or handled by	90017
a child support enforcement agency, that agency may send a notice	90018
listing the name and social security number or other	90019
identification number of the individual and a certified copy of	90020
the court or agency determination that the individual is in	90021
default to the secretary of the board of commissioners on	90022
grievances and discipline of the supreme court and to either the	90023
disciplinary counsel or the president, secretary, and chairperson	90024
of each certified grievance committee if both of the following are	90025
the case:	90026

(1) At least ninety days have elapsed since the final and	90027
enforceable determination of default;	90028

(2) In the preceding ninety days, the obligor has failed to	90029
pay at least fifty per cent of the arrearage through means other	90030
than those described in sections 3123.81 to 3123.85 of the Revised	90031
Code.	90032

Sec. 4725.34. (A) The state board of optometry shall charge	90033
the following nonrefundable fees:	90034

(1) One hundred ~~ten~~thirty dollars for application for a	90035
certificate of licensure;	90036

(2) ~~Twenty-five~~Forty-five dollars for application for a	90037
therapeutic pharmaceutical agents certificate, except when the	90038
certificate is to be issued pursuant to division (A)(3) of section	90039
4725.13 of the Revised Code, in which case the fee shall be	90040
thirty-five dollars;	90041

(3) One hundred ~~ten~~thirty dollars for renewal of a	90042
certificate of licensure;	90043

(4) ~~Twenty-five~~Forty-five dollars for renewal of a topical	90044
ocular pharmaceutical agents certificate;	90045

(5) ~~Twenty-five~~Forty-five dollars for renewal of a	90046
therapeutic pharmaceutical agents certificate;	90047

(6) ~~Seventy-five~~One hundred twenty-five dollars for late	90048
completion or submission, or both, of continuing optometric	90049
education;	90050

(7) ~~Seventy-five~~One hundred twenty-five dollars for late	90051
renewal of one or more certificates that have expired;	90052

(8) Seventy-five dollars for reinstatement of one or more	90053
certificates classified as delinquent under section 4725.16 of the	90054
Revised Code, multiplied by the number of years the one or more	90055
certificates have been classified as delinquent;	90056

(9) Seventy-five dollars for reinstatement of one or more	90057
certificates placed on inactive status under section 4725.17 of	90058
the Revised Code;	90059

(10) Seventy-five dollars for reinstatement under section	90060
4725.171 of the Revised Code of one or more expired certificates;	90061

(11) Additional fees to cover administrative costs incurred	90062
by the board, including fees for replacing licenses issued by the	90063
board and providing rosters of currently licensed optometrists.	90064
Such fees shall be established at a regular meeting of the board	90065
and shall comply with any applicable guidelines or policies set by	90066
the department of administrative services or the office of budget	90067
and management.	90068

(B) The board, subject to the approval of the controlling	90069
board, may establish fees in excess of the amounts specified in	90070
division (A) of this section if the fees do not exceed the amounts	90071
specified by more than fifty per cent.	90072

(C) All receipts of the board, from any source, shall be	90073
deposited in the state treasury to the credit of the occupational	90074
licensing and regulatory fund.	90075

Sec. 4725.48. (A) Any person who desires to engage in	90076
optical dispensing, except as provided in section 4725.47 of the	90077
Revised Code, shall file a properly completed written application	90078
for an examination with the Ohio optical dispensers board or with	90079
the testing service the board has contracted with pursuant to	90080
section 4725.49 of the Revised Code. The application for	90081
examination shall be made on a form provided by the board or	90082
testing service and shall be accompanied by an examination fee the	90083
board shall establish by rule. Applicants must return the	90084
application to the board or testing service at least sixty days	90085
prior to the date the examination is scheduled to be administered.	90086

(B) Except as provided in section 4725.47 of the Revised	90087
Code, any person who desires to engage in optical dispensing shall	90088
file a properly completed written application for a license with	90089
the board with ~~the appropriate license~~a licensure application fee	90090
~~as set forth under section 4725.50 of the Revised Code~~of fifty	90091
dollars.	90092

No person shall be eligible to apply for a license under this	90093
division, unless the person is at least eighteen years of age, is	90094
of good moral character, is free of contagious or infectious	90095
disease, has received a passing score, as determined by the board,	90096
on the examination administered under division (A) of this	90097
section, is a graduate of an accredited high school of any state,	90098
or has received an equivalent education and has successfully	90099
completed either of the following:	90100

(1) Two years of supervised experience under a licensed	90101
dispensing optician, optometrist, or physician engaged in the	90102
practice of ophthalmology, up to one year of which may be	90103
continuous experience of not less than thirty hours a week in an	90104
optical laboratory;	90105

(2) A two-year college level program in optical dispensing	90106
that has been approved by the board and that includes, but is not	90107
limited to, courses of study in mathematics, science, English,	90108
anatomy and physiology of the eye, applied optics, ophthalmic	90109
optics, measurement and inspection of lenses, lens grinding and	90110
edging, ophthalmic lens design, keratometry, and the fitting and	90111
adjusting of spectacle lenses and frames and contact lenses,	90112
including methods of fitting contact lenses and post-fitting care.	90113

(C) Any person who desires to obtain a license to practice as	90114
an ocularist shall file a properly completed written application	90115
with the board accompanied by the appropriate fee and proof that	90116
the applicant has met the requirements for licensure. The board	90117
shall establish, by rule, the application fee and the minimum	90118
requirements for licensure, including education, examination, or	90119
experience standards recognized by the board as national standards	90120
for ocularists. The board shall issue a license to practice as an	90121
ocularist to an applicant who satisfies the requirements of this	90122
division and rules adopted pursuant to this division.	90123

Sec. 4725.50. (A) Except for a person who qualifies for	90124
licensure as an ocularist, each person who qualifies for licensure	90125
under sections 4725.40 to 4725.59 of the Revised Code shall	90126
receive from the Ohio optical dispensers board, under its seal, a	90127
certificate of licensure entitling ~~him~~the person to practice as a	90128
licensed spectacle dispensing optician, licensed contact lens	90129
dispensing optician, or a licensed spectacle-contact lens	90130
dispensing optician. The appropriate certificate of licensure	90131
shall be issued by the board no later than sixty days after it has	90132
notified the applicant of ~~his~~the applicant's approval for	90133
licensure.	90134

(B) ~~The licensure fee shall be fifty dollars for applications~~	90135
~~submitted in January through March; thirty-seven dollars and fifty~~	90136
~~cents, in April through June; twenty-five dollars, in July through~~	90137
~~September; and twelve dollars and fifty cents, in October through~~	90138
~~December.~~	90139

~~(C)~~ Each licensed dispensing optician shall display ~~his~~the	90140
licensed dispensing optician's certificate of licensure in a	90141
conspicuous place in ~~his~~the licensed dispensing optician's office	90142
or place of business. If a licensed dispensing optician maintains	90143
more than one office or place of business, hethe licensed	90144
dispensing optician shall display a duplicate copy of such	90145
certificate at each location. The board shall issue duplicate	90146
copies of the appropriate certificate of licensure for this	90147
purpose upon the filing of an application form therefor and the	90148
payment of a five-dollar fee for each duplicate copy.	90149

Sec. 4725.52. Any licensed dispensing optician may supervise	90150
a maximum of three apprentices who shall be permitted to engage in	90151
optical dispensing only under the supervision of the licensed	90152
dispensing optician.	90153

~~A person serving~~To serve as an apprentice, a person shall	90154
register ~~annually~~ with the Ohio optical dispensers board either on	90155
a form provided by the board or in the form of a statement giving	90156
the name and address of the supervising licensed dispensing	90157
optician, the location at which the apprentice will be employed,	90158
and any other information required by the board. ~~Each registrant~~	90159
For the duration of the apprenticeship, the apprentice shall	90160
register annually on the form provided by the board or in the form	90161
of a statement.	90162

Each apprentice shall pay aan initial registration fee of	90163
~~ten~~twenty dollars. For each registration renewal thereafter, each	90164
apprentice shall pay a registration renewal fee of twenty dollars.	90165

A person who is gaining experience under the supervision of a	90166
licensed optometrist or ophthalmologist that would qualify ~~him~~the	90167
person under division (B)(1) of section 4725.48 of the Revised	90168
Code to take the examination for optical dispensing is not	90169
required to register with the board.	90170

Sec. 4725.57. An applicant for licensure as a licensed	90171
dispensing optician who is licensed or registered in another state	90172
shall be accorded the full privileges of practice within this	90173
state, upon the payment of a ~~seventy-five~~fifty-dollar fee and the	90174
submission of a certified copy of the license or certificate	90175
issued by such other state, without the necessity of examination,	90176
if the board determines that the applicant meets the ~~criteria of~~	90177
~~division (A) of section 4725.48 of the Revised Code and further~~	90178
~~determines that the educational background or experience of the~~	90179
~~applicant satisfies the~~remaining requirements of division (B) of	90180
section 4725.48 of the Revised Code. The board may require that	90181
the applicant have received a passing score, as determined by the	90182
board, on an examination that is substantially the same as the	90183
examination described in division (A) of section 4725.48 of the	90184
Revised Code.	90185

Sec. 4729.52. (A) A person desiring to be registered as a	90186
wholesale distributor of dangerous drugs shall file with the	90187
executive director of the state board of pharmacy a verified	90188
application containing such information as the board requires of	90189
the applicant relative to the qualifications to be registered as a	90190
wholesale distributor of dangerous drugs set forth in section	90191
4729.53 of the Revised Code and the rules adopted under that	90192
section. The board shall register as a wholesale distributor of	90193
dangerous drugs each applicant who has paid the required	90194
registration fee, if the board determines that the applicant meets	90195
the qualifications to be registered as a wholesale distributor of	90196
dangerous drugs set forth in section 4729.53 of the Revised Code	90197
and the rules adopted under that section.	90198

(B) The board may register and issue to a person who does not	90199
reside in this state a registration certificate as a wholesale	90200
distributor of dangerous drugs if the person possesses a current	90201
and valid wholesale distributor of dangerous drugs registration	90202
certificate or license issued by another state that has	90203
qualifications for licensure or registration comparable to the	90204
registration requirements in this state and pays the required	90205
registration fee.	90206

(C) All registration certificates issued pursuant to this	90207
section are effective for a period of twelve months from the first	90208
day of July of each year. A registration certificate shall be	90209
renewed annually by the board for a like period, pursuant to this	90210
section and the standard renewal procedure of Chapter 4745. of the	90211
Revised Code. A person desiring to renew a registration	90212
certificate shall submit an application for renewal and pay the	90213
required renewal fee before the first day of July each year.	90214

(D) Each registration certificate and its application shall	90215
describe not more than one establishment or place where the	90216
registrant or applicant may engage in the sale of dangerous drugs	90217
at wholesale. No registration certificate shall authorize or	90218
permit the wholesale distributor of dangerous drugs named therein	90219
to engage in the sale of drugs at wholesale or to maintain	90220
possession, custody, or control of dangerous drugs for any purpose	90221
other than for the registrant's own use and consumption at any	90222
establishment or place other than that described in the	90223
certificate.	90224

(E)(1) The registration fee is ~~one~~seven hundred fifty	90225
dollars and shall accompany each application for registration. The	90226
registration renewal fee is ~~one~~seven hundred fifty dollars and	90227
shall accompany each renewal application.	90228

A registration certificate that has not been renewed in any	90229
year by the first day of August may be reinstated upon payment of	90230
the renewal fee and a penalty of ~~fifty-five~~one hundred fifty	90231
dollars.	90232

(2) Renewal fees and penalties assessed under division (E)(1)	90233
of this section shall not be returned if the applicant fails to	90234
qualify for renewal.	90235

(F) The registration of any person as a wholesale distributor	90236
of dangerous drugs subjects the person and the person's agents and	90237
employees to the jurisdiction of the board and to the laws of this	90238
state for the purpose of the enforcement of this chapter and the	90239
rules of the board. However, the filing of an application for	90240
registration as a wholesale distributor of dangerous drugs by, or	90241
on behalf of, any person or the registration of any person as a	90242
wholesale distributor of dangerous drugs shall not, of itself,	90243
constitute evidence that the person is doing business within this	90244
state.	90245

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	90246
Revised Code:	90247

(A)(1) "Clinical laboratory services" means either of the	90248
following:	90249

(a) Any examination of materials derived from the human body	90250
for the purpose of providing information for the diagnosis,	90251
prevention, or treatment of any disease or impairment or for the	90252
assessment of health;	90253

(b) Procedures to determine, measure, or otherwise describe	90254
the presence or absence of various substances or organisms in the	90255
body.	90256

(2) "Clinical laboratory services" does not include the mere	90257
collection or preparation of specimens.	90258

(B) "Designated health services" means any of the following:

90259

(1) Clinical laboratory services;

90260

(2) Home health care services;

90261

(3) Outpatient prescription drugs.

90262

(C) "Fair market value" means the value in arms-length	90263
transactions, consistent with general market value and:	90264

(1) With respect to rentals or leases, the value of rental	90265
property for general commercial purposes, not taking into account	90266
its intended use;	90267

(2) With respect to a lease of space, not adjusted to reflect	90268
the additional value the prospective lessee or lessor would	90269
attribute to the proximity or convenience to the lessor if the	90270
lessor is a potential source of referrals to the lessee.	90271

(D) "Governmental health care program" means any program	90272
providing health care benefits that is administered by the federal	90273
government, this state, or a political subdivision of this state,	90274
including the medicare program established under Title XVIII of	90275
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	90276
as amended, health care coverage for public employees, health care	90277
benefits administered by the bureau of workers' compensation, and	90278
the medicaid program established under Chapter 5111. of the	90279
Revised Code~~, and the children's buy-in program established under~~	90280
~~sections 5101.5211 to 5101.5216 of the Revised Code~~.	90281

(E)(1) "Group practice" means a group of two or more holders	90282
of certificates under this chapter legally organized as a	90283
partnership, professional corporation or association, limited	90284
liability company, foundation, nonprofit corporation, faculty	90285
practice plan, or similar group practice entity, including an	90286
organization comprised of a nonprofit medical clinic that	90287
contracts with a professional corporation or association of	90288
physicians to provide medical services exclusively to patients of	90289
the clinic in order to comply with section 1701.03 of the Revised	90290
Code and including a corporation, limited liability company,	90291
partnership, or professional association described in division (B)	90292
of section 4731.226 of the Revised Code formed for the purpose of	90293
providing a combination of the professional services of	90294
optometrists who are licensed, certificated, or otherwise legally	90295
authorized to practice optometry under Chapter 4725. of the	90296
Revised Code, chiropractors who are licensed, certificated, or	90297
otherwise legally authorized to practice chiropractic or	90298
acupuncture under Chapter 4734. of the Revised Code, psychologists	90299
who are licensed, certificated, or otherwise legally authorized to	90300
practice psychology under Chapter 4732. of the Revised Code,	90301
registered or licensed practical nurses who are licensed,	90302
certificated, or otherwise legally authorized to practice nursing	90303
under Chapter 4723. of the Revised Code, pharmacists who are	90304
licensed, certificated, or otherwise legally authorized to	90305
practice pharmacy under Chapter 4729. of the Revised Code,	90306
physical therapists who are licensed, certificated, or otherwise	90307
legally authorized to practice physical therapy under sections	90308
4755.40 to 4755.56 of the Revised Code, occupational therapists	90309
who are licensed, certificated, or otherwise legally authorized to	90310
practice occupational therapy under sections 4755.04 to 4755.13 of	90311
the Revised Code, mechanotherapists who are licensed,	90312
certificated, or otherwise legally authorized to practice	90313
mechanotherapy under section 4731.151 of the Revised Code, and	90314
doctors of medicine and surgery, osteopathic medicine and surgery,	90315
or podiatric medicine and surgery who are licensed, certificated,	90316
or otherwise legally authorized for their respective practices	90317
under this chapter, to which all of the following apply:	90318

(a) Each physician who is a member of the group practice	90319
provides substantially the full range of services that the	90320
physician routinely provides, including medical care,	90321
consultation, diagnosis, or treatment, through the joint use of	90322
shared office space, facilities, equipment, and personnel.	90323

(b) Substantially all of the services of the members of the	90324
group are provided through the group and are billed in the name of	90325
the group and amounts so received are treated as receipts of the	90326
group.	90327

(c) The overhead expenses of and the income from the practice	90328
are distributed in accordance with methods previously determined	90329
by members of the group.	90330

(d) The group practice meets any other requirements that the	90331
state medical board applies in rules adopted under section 4731.70	90332
of the Revised Code.	90333

(2) In the case of a faculty practice plan associated with a	90334
hospital with a medical residency training program in which	90335
physician members may provide a variety of specialty services and	90336
provide professional services both within and outside the group,	90337
as well as perform other tasks such as research, the criteria in	90338
division (E)(1) of this section apply only with respect to	90339
services rendered within the faculty practice plan.	90340

(F) "Home health care services" and "immediate family" have	90341
the same meanings as in the rules adopted under section 4731.70 of	90342
the Revised Code.	90343

(G) "Hospital" has the same meaning as in section 3727.01 of	90344
the Revised Code.	90345

(H) A "referral" includes both of the following:

90346

(1) A request by a holder of a certificate under this chapter	90347
for an item or service, including a request for a consultation	90348
with another physician and any test or procedure ordered by or to	90349
be performed by or under the supervision of the other physician;	90350

(2) A request for or establishment of a plan of care by a	90351
certificate holder that includes the provision of designated	90352
health services.	90353

(I) "Third-party payer" has the same meaning as in section	90354
3901.38 of the Revised Code.	90355

Sec. 4731.71. The auditor of state may implement procedures	90356
to detect violations of section 4731.66 or 4731.69 of the Revised	90357
Code within governmental health care programs administered by the	90358
state. The auditor of state shall report any violation of either	90359
section to the state medical board and shall certify to the	90360
attorney general in accordance with section 131.02 of the Revised	90361
Code the amount of any refund owed to a state-administered	90362
governmental health care program under section 4731.69 of the	90363
Revised Code as a result of a violation. If a refund is owed to	90364
the medicaid program established under Chapter 5111. of the	90365
Revised Code ~~or the children's buy-in program established under~~	90366
~~sections 5101.5211 to 5101.5216 of the Revised Code~~, the auditor	90367
of state also shall report the amount to the department of job and	90368
family services.	90369

The state medical board also may implement procedures to	90370
detect violations of section 4731.66 or 4731.69 of the Revised	90371
Code.	90372

Sec. 4733.15. (A) Registration expires ~~annually~~ on the last	90373
day of December ~~following initial registration or renewal of~~	90374
~~registration~~2011, and becomes invalid on that date unless renewed	90375
~~pursuant to this section and the standard renewal procedure of~~	90376
~~sections 4745.01 to 4745.03 of the Revised Code~~. For renewals	90377
after that date, registration expires biennially on the last day	90378
of December following initial registration or renewal of	90379
registration and becomes invalid on that date unless renewed.	90380
Renewal may be effected ~~at any time prior to the date of~~	90381
~~expiration for a period of one year~~ by the applicant's payment to	90382
the treasurer of state of a fee of ~~twenty~~forty dollars for a	90383
renewal of registration as either a professional engineer or	90384
professional surveyor and~~, for renewals for calendar year 2008 and~~	90385
~~thereafter,~~ demonstration of completion of the continuing	90386
professional development requirements of section 4733.151 of the	90387
Revised Code. When notified as required in this section, a	90388
registrant's failure to renew registration shall not deprive the	90389
registrant of the right of renewal within the following twelve	90390
months, but the fee to renew a registration within twelve months	90391
after expiration shall be increased fifty per cent, and the	90392
registrant shall certify completion of continuing professional	90393
development hours as required in section 4733.151 of the Revised	90394
Code.	90395

The state board of registration for professional engineers	90396
and surveyors may, upon request, waive the payment of renewal fees	90397
or the completion of continuing professional development	90398
requirements for a registrant during the period when the	90399
registrant is on active duty in connection with any branch of the	90400
armed forces of the United States.	90401

(B) Each certificate of authorization issued pursuant to	90402
section 4733.16 of the Revised Code shall authorize the holder to	90403
provide professional engineering or professional surveying	90404
services, through the registered professional engineer or	90405
professional surveyor designated as being in responsible charge of	90406
the professional engineering or professional surveying practice,	90407
from the date of issuance until the last day of June next	90408
succeeding the date upon which the certificate was issued, unless	90409
the certificate has been revoked or suspended for cause as	90410
provided in section 4733.20 of the Revised Code or has been	90411
suspended pursuant to section 3123.47 of the Revised Code.	90412

(C) If a registrant fails to renew registration as provided	90413
under division (A) of this section, renewal and reinstatement may	90414
be effected under rules the board adopts regarding requirements	90415
for reexamination or reapplication, and reinstatement penalty	90416
fees. The board may require a registrant who fails to renew	90417
registration to complete ~~those~~the required hours of continuing	90418
professional development ~~required from the effective date of this~~	90419
~~section,~~ as a condition of renewal and reinstatement if the	90420
registrant seeks renewal and reinstatement under this division on	90421
~~or after January 1, 2009~~.	90422

Sec. 4733.151. (A) ~~Each~~For registrations expiring on the	90423
last day of December 2011, each registrant for renewal ~~for~~	90424
~~calendar year 2008 and thereafter~~ shall have completed, ~~within the~~	90425
~~preceding~~in calendar year 2011, at least fifteen hours of	90426
continuing professional development for professional engineers and	90427
surveyors. Thereafter, each registrant shall complete at least	90428
thirty hours of continuing professional development during the	90429
two-year period immediately preceding the biennial renewal	90430
expiration date.	90431

(B) The continuing professional development requirement may	90432
be satisfied by coursework or activities dealing with technical,	90433
ethical, or managerial topics relevant to the practice of	90434
engineering or surveying. A registrant may earn continuing	90435
professional development hours by completing or teaching	90436
university or college level coursework, attending seminars,	90437
workshops, or conferences, authoring relevant published papers,	90438
articles, or books, receiving patent awards, or actively	90439
participating in professional or technical societies serving the	90440
engineering or surveying professions.	90441

In the case of the board disputing the content of any credit	90442
hours or coursework, then the board shall presume as a matter of	90443
law that any credit hours submitted by a registrant, or any	90444
coursework or activity submitted for approval, complies with this	90445
section if submitted and if a statement signed by a current	90446
registrant not otherwise participating in the event, affirms that	90447
the material is relevant to the registrant's practice and will	90448
assist the registrant's development in the profession.	90449

Credit for university or college level coursework shall be	90450
based on the credit established by the university or college. One	90451
semester hour as established by the university or college shall be	90452
the equivalent of forty-five hours of continuing professional	90453
development, and one quarter hour as established by the university	90454
or college shall be the equivalent of thirty hours of continuing	90455
professional development.	90456

Credit for seminars, workshops, or conferences offering	90457
continuing education units shall be based on the units awarded by	90458
the organization presenting the seminar, workshop, or conference.	90459
A registrant may earn ten continuing professional development	90460
hours for each continuing education unit awarded. Each hour of	90461
attendance at a seminar, workshop, or conference for which no	90462
continuing education units are offered shall be the equivalent of	90463
one continuing professional development hour.	90464

A registrant may earn two continuing professional development	90465
hours for each year of service as an officer or active committee	90466
member of a professional or technical society or association that	90467
represents registrants or entities composed of registrants. A	90468
registrant may earn ten continuing professional development hours	90469
for authoring relevant published papers, articles, or books. A	90470
registrant may earn ten continuing professional development hours	90471
for each such published paper, article, or book. A registrant may	90472
earn ten continuing professional development hours for each patent	90473
award.	90474

(C) A person registered as both a professional engineer and	90475
professional surveyor shall complete at least ~~five~~ten of the	90476
~~fifteen~~thirty hours required under division (A) of this section	90477
in engineering-related coursework or activities and at least ~~five~~	90478
ten of those ~~fifteen~~thirty hours in surveying-related coursework	90479
or activities.	90480

(D) A registrant is exempt from the continuing professional	90481
development requirements of this section during the first calendar	90482
year of registration.	90483

(E) A registrant who completes more than ~~fifteen~~thirty hours	90484
of approved coursework or activities in ~~any calendar year~~a	90485
biennial renewal period may carry forward to the next ~~calendar~~	90486
~~year~~biennial renewal period a maximum of fifteen of the excess	90487
hours.	90488

(F) A registrant shall maintain records to demonstrate	90489
completion of the continuing professional development requirements	90490
specified in this section for a period of ~~three~~four calendar	90491
years beyond the year in which certification of the completion of	90492
the requirements is obtained by the registrant. The records shall	90493
include all of the following:	90494

(1) A log specifying the type of coursework or activity, its	90495
location and duration along with the instructor's name, and the	90496
number of continuing professional development hours earned;	90497

(2) Certificates of completion or other evidence verifying	90498
attendance.	90499

(G) The records specified in division (F) of this section may	90500
be audited at any time by the state board of registration for	90501
professional engineers and surveyors. If the board discovers that	90502
a registrant has failed to complete coursework or activities, it	90503
shall notify the registrant of the deficiencies and allow the	90504
registrant six months from the date of the notice to rectify the	90505
deficiencies and to provide the board with evidence of	90506
satisfactory completion of the continuing professional development	90507
requirements. If the registrant fails to provide such evidence	90508
within that six-month period, the board may revoke or suspend the	90509
registration after offering an adjudication hearing in accordance	90510
with Chapter 119. of the Revised Code.	90511

Sec. 4735.01. As used in this chapter:

90512

(A) "Real estate broker" includes any person, partnership,	90513
association, limited liability company, limited liability	90514
partnership, or corporation, foreign or domestic, who for another,	90515
whether pursuant to a power of attorney or otherwise, and who for	90516
a fee, commission, or other valuable consideration, or with the	90517
intention, or in the expectation, or upon the promise of receiving	90518
or collecting a fee, commission, or other valuable consideration	90519
does any of the following:	90520

(1) Sells, exchanges, purchases, rents, or leases, or	90521
negotiates the sale, exchange, purchase, rental, or leasing of any	90522
real estate;	90523

(2) Offers, attempts, or agrees to negotiate the sale,	90524
exchange, purchase, rental, or leasing of any real estate;	90525

(3) Lists, or offers, attempts, or agrees to list, or	90526
auctions, or offers, attempts, or agrees to auction, any real	90527
estate;	90528

(4) Buys or offers to buy, sells or offers to sell, or	90529
otherwise deals in options on real estate;	90530

(5) Operates, manages, or rents, or offers or attempts to	90531
operate, manage, or rent, other than as custodian, caretaker, or	90532
janitor, any building or portions of buildings to the public as	90533
tenants;	90534

(6) Advertises or holds self out as engaged in the business	90535
of selling, exchanging, purchasing, renting, or leasing real	90536
estate;	90537

(7) Directs or assists in the procuring of prospects or the	90538
negotiation of any transaction, other than mortgage financing,	90539
which does or is calculated to result in the sale, exchange,	90540
leasing, or renting of any real estate;	90541

(8) Is engaged in the business of charging an advance fee or	90542
contracting for collection of a fee in connection with any	90543
contract whereby the broker undertakes primarily to promote the	90544
sale, exchange, purchase, rental, or leasing of real estate	90545
through its listing in a publication issued primarily for such	90546
purpose, or for referral of information concerning such real	90547
estate to brokers, or both, except that this division does not	90548
apply to a publisher of listings or compilations of sales of real	90549
estate by their owners;	90550

(9) Collects rental information for purposes of referring	90551
prospective tenants to rental units or locations of such units and	90552
charges the prospective tenants a fee.	90553

(B) "Real estate" includes leaseholds as well as any and	90554
every interest or estate in land situated in this state, whether	90555
corporeal or incorporeal, whether freehold or nonfreehold, and the	90556
improvements on the land, but does not include cemetery interment	90557
rights.	90558

(C) "Real estate salesperson" means any person associated	90559
with a licensed real estate broker to do or to deal in any acts or	90560
transactions set out or comprehended by the definition of a real	90561
estate broker, for compensation or otherwise.	90562

(D) "Institution of higher education" means either of the	90563
following:	90564

(1) A nonprofit institution as defined in section 1713.01 of	90565
the Revised Code that actually awards, rather than intends to	90566
award, degrees for fulfilling requirements of academic work beyond	90567
high school;	90568

(2) An institution operated for profit that otherwise	90569
qualifies under the definition of an institution in section	90570
1713.01 of the Revised Code and that actually awards, rather than	90571
intends to award, degrees for fulfilling requirements of academic	90572
work beyond high school.	90573

(E) "Foreign real estate" means real estate not situated in	90574
this state and any interest in real estate not situated in this	90575
state.	90576

(F) "Foreign real estate dealer" includes any person,	90577
partnership, association, limited liability company, limited	90578
liability partnership, or corporation, foreign or domestic, who	90579
for another, whether pursuant to a power of attorney or otherwise,	90580
and who for a fee, commission, or other valuable consideration, or	90581
with the intention, or in the expectation, or upon the promise of	90582
receiving or collecting a fee, commission, or other valuable	90583
consideration, does or deals in any act or transaction specified	90584
or comprehended in division (A) of this section with respect to	90585
foreign real estate.	90586

(G) "Foreign real estate salesperson" means any person	90587
associated with a licensed foreign real estate dealer to do or	90588
deal in any act or transaction specified or comprehended in	90589
division (A) of this section with respect to foreign real estate,	90590
for compensation or otherwise.	90591

(H) Any person, partnership, association, limited liability	90592
company, limited liability partnership, or corporation, who, for	90593
another, in consideration of compensation, by fee, commission,	90594
salary, or otherwise, or with the intention, in the expectation,	90595
or upon the promise of receiving or collecting a fee, does, or	90596
offers, attempts, or agrees to engage in, any single act or	90597
transaction contained in the definition of a real estate broker,	90598
whether an act is an incidental part of a transaction, or the	90599
entire transaction, shall be constituted a real estate broker or	90600
real estate salesperson under this chapter.	90601

(I)(1) The terms "real estate broker," "real estate	90602
salesperson," "foreign real estate dealer," and "foreign real	90603
estate salesperson" do not include a person, partnership,	90604
association, limited liability company, limited liability	90605
partnership, or corporation, or the regular employees thereof, who	90606
perform any of the acts or transactions specified or comprehended	90607
in division (A) of this section, whether or not for, or with the	90608
intention, in expectation, or upon the promise of receiving or	90609
collecting a fee, commission, or other valuable consideration:	90610

~~(1)~~(a) With reference to real estate situated in this state	90611
~~or any interest in it~~ owned by such person, partnership,	90612
association, limited liability company, limited liability	90613
partnership, or corporation, or acquired on its own account in the	90614
regular course of, or as an incident to the management of the	90615
property and the investment in it;	90616

~~(2)~~(b) As receiver or trustee in bankruptcy, as guardian,	90617
executor, administrator, trustee, assignee, commissioner, or any	90618
person doing the things mentioned in this section, under authority	90619
or appointment of, or incident to a proceeding in, any court, or	90620
as a bona fide public officer, or as executor, trustee, or other	90621
bona fide fiduciary under any trust agreement, deed of trust,	90622
will, or other instrument that has been executed in good faith	90623
creating a like bona fide fiduciary obligation;	90624

~~(3)~~(c) As a public officer while performing the officer's	90625
official duties;	90626

~~(4)~~(d) As an attorney at law in the performance of the	90627
attorney's duties;	90628

~~(5)~~(e) As a person who engages in the brokering of the sale	90629
of business assets, not including the ~~negotiation of the~~ sale,	90630
lease, exchange, or assignment of any interest in real estate;	90631

~~(6)~~(f) As a person who engages in the sale of manufactured	90632
homes as defined in division (C)(4) of section 3781.06 of the	90633
Revised Code, or of mobile homes as defined in division (O) of	90634
section 4501.01 of the Revised Code, provided the sale does not	90635
include the negotiation, sale, lease, exchange, or assignment of	90636
any interest in real estate;	90637

~~(7)~~(g) As a person who engages in the sale of commercial real	90638
estate pursuant to the requirements of section 4735.022 of the	90639
Revised Code.	90640

(2) A person, partnership, association, limited liability	90641
company, limited liability partnership, or corporation exempt	90642
under division (I)(1)(a) of this section shall be limited by the	90643
legal interest in the real estate held by that person or entity to	90644
performing any of the acts or transactions specified in or	90645
comprehended by division (A) of this section.	90646

(J) "~~Physically handicapped~~Disabled licensee" means a person	90647
licensed pursuant to this chapter who is under a severe ~~physical~~	90648
disability which is of such a nature as to prevent the person from	90649
being able to attend any instruction lasting at least three hours	90650
in duration.	90651

(K) "Division of real estate" may be used interchangeably	90652
with, and for all purposes has the same meaning as, "division of	90653
real estate and professional licensing."	90654

(L) "Superintendent" or "superintendent of real estate" means	90655
the superintendent of the division of real estate and professional	90656
licensing of this state. Whenever the division or superintendent	90657
of real estate is referred to or designated in any statute, rule,	90658
contract, or other document, the reference or designation shall be	90659
deemed to refer to the division or superintendent of real estate	90660
and professional licensing, as the case may be.	90661

(M) "Inactive license" means the license status in which a	90662
salesperson's license is in the possession of the division,	90663
renewed as required under this chapter or rules adopted under this	90664
chapter, and not associated with a real estate broker.	90665

(N) "Broker's license on deposit" means the license status in	90666
which a broker's license is in the possession of the division of	90667
real estate and professional licensing and renewed as required	90668
under this chapter or rules adopted under this chapter.	90669

(O) "Suspended license" means the license status that	90670
prohibits a licensee from providing services that require a	90671
license under this chapter for a specified interval of time.	90672

(P) "Reactivate" means the process prescribed by the	90673
superintendent of real estate and professional licensing to remove	90674
a license from an inactive, voluntary hold, suspended, or broker's	90675
license on deposit status to allow a licensee to provide services	90676
that require a license under this chapter.	90677

(Q) "Revoked" means the license status in which the license	90678
is void and not eligible for reactivation.	90679

(R) "Commercial real estate" means any parcel of real estate	90680
in this state other than real estate containing one to four	90681
residential units. "Commercial real estate" does not include	90682
single-family residential units such as condominiums, townhouses,	90683
manufactured homes, or homes in a subdivision when sold, leased,	90684
or otherwise conveyed on a unit-by-unit basis, even when those	90685
units are a part of a larger building or parcel of real estate	90686
containing more than four residential units.	90687

(S) "Out-of-state commercial broker" includes any person,	90688
partnership, association, limited liability company, limited	90689
liability partnership, or corporation that is licensed to do	90690
business as a real estate broker in a jurisdiction other than	90691
Ohio.	90692

(T) "Out-of-state commercial salesperson" includes any person	90693
affiliated with an out-of-state commercial broker who is not	90694
licensed as a real estate salesperson in Ohio.	90695

(U) "Exclusive right to sell or lease listing agreement"	90696
means an agency agreement between a seller and broker that meets	90697
the requirements of section 4735.55 of the Revised Code and does	90698
both of the following:	90699

(1) Grants the broker the exclusive right to represent the	90700
seller in the sale or lease of the seller's property;	90701

(2) Provides the broker will be compensated if the broker,	90702
the seller, or any other person or entity produces a purchaser or	90703
tenant in accordance with the terms specified in the listing	90704
agreement or if the property is sold or leased during the term of	90705
the listing agreement to anyone other than to specifically	90706
exempted persons or entities.	90707

(V) "Exclusive agency agreement" means an agency agreement	90708
between a seller and broker that meets the requirements of section	90709
4735.55 of the Revised Code and does both of the following:	90710

(1) Grants the broker the exclusive right to represent the	90711
seller in the sale or lease of the seller's property;	90712

(2) Provides the broker will be compensated if the broker or	90713
any other person or entity produces a purchaser or tenant in	90714
accordance with the terms specified in the listing agreement or if	90715
the property is sold or leased during the term of the listing	90716
agreement, unless the property is sold or leased solely through	90717
the efforts of the seller or to the specifically exempted persons	90718
or entities.	90719

(W) "Exclusive purchaser agency agreement" means an agency	90720
agreement between a purchaser and broker that meets the	90721
requirements of section 4735.55 of the Revised Code and does both	90722
of the following:	90723

(1) Grants the broker the exclusive right to represent the	90724
purchaser in the purchase or lease of property;	90725

(2) Provides the broker will be compensated in accordance	90726
with the terms specified in the exclusive agency agreement or if a	90727
property is purchased or leased by the purchaser during the term	90728
of the agency agreement unless the property is specifically	90729
exempted in the agency agreement.	90730

The agreement may authorize the broker to receive	90731
compensation from the seller or the seller's agent and may provide	90732
that the purchaser is not obligated to compensate the broker if	90733
the property is purchased or leased solely through the efforts of	90734
the purchaser.	90735

(X) "Seller" means a party in a real estate transaction who	90736
is the potential transferor of property. "Seller" includes an	90737
owner of property who is seeking to sell the property and a	90738
landlord who is seeking to rent or lease property to another	90739
person.	90740

(Y) "Voluntary hold" means the license status in which a	90741
license is in the possession of the division of real estate and	90742
professional licensing for a period of not more than twelve months	90743
pursuant to section 4735.142 of the Revised Code, is not renewed	90744
in accordance with the requirements specified in this chapter or	90745
the rules adopted pursuant to it, and is not associated with a	90746
real estate broker.	90747

(Z) "Resigned" means the license status in which a license	90748
has been voluntarily surrendered to or is otherwise in the	90749
possession of the division of real estate and professional	90750
licensing, is not renewed in accordance with the requirements	90751
specified in this chapter or the rules adopted pursuant to it, and	90752
is not associated with a real estate broker.	90753

(AA) "Bona fide" means made in good faith or without purpose	90754
of circumventing license law.	90755

Sec. 4735.02. (A) Except as provided in section 4735.022 of	90756
the Revised Code, no person, partnership, association, limited	90757
liability company, limited liability partnership, or corporation	90758
shall act as a real estate broker or real estate salesperson, or	90759
advertise or assume to act as such, without first being licensed	90760
as provided in this chapter. No person, partnership, association,	90761
limited liability company, limited liability partnership, or	90762
corporation shall provide services that require a license under	90763
this chapter if the licensee's license is inactive, suspended,	90764
placed on voluntary hold, resigned, or a broker's license on	90765
deposit, or if the license has been revoked. Nothing contained in	90766
this chapter shall be construed as authorizing a real estate	90767
broker or salesperson to perform any service constituting the	90768
practice of law.	90769

(B) No partnership, association, limited liability company,	90770
limited liability partnership, or corporation holding a real	90771
estate license shall employ as an officer, director, manager, or	90772
principal employee any person previously holding a license as a	90773
real estate broker, real estate salesperson, foreign real estate	90774
dealer, or foreign real estate salesperson, whose license has been	90775
placed in inactive, voluntary hold, or resigned status, or is	90776
suspended, or revoked and who has not thereafter reactivated the	90777
license or received a new license.	90778

Sec. 4735.03. There is hereby created the Ohio real estate	90779
commission, consisting of five members who shall be appointed by	90780
the governor, with the advice and consent of the senate. Four	90781
members shall have been engaged in the real estate business as	90782
licensed real estate brokers in the state for a period of ten	90783
years immediately preceding the appointment. One member shall	90784
represent the public. Terms of office shall be for five years,	90785
commencing on the first day of July and ending on the thirtieth	90786
day of June. Each member shall hold office from the date of	90787
appointment until the end of the term for which appointed. No more	90788
than three members shall be members of any one political party and	90789
no member of the commission concurrently may be a member of the	90790
commission and the real estate appraiser board created pursuant to	90791
section 4763.02 of the Revised Code. Each member, before entering	90792
upon the duties of office, shall subscribe to and file with the	90793
secretary of state the constitutional oath of office. All	90794
vacancies which occur shall be filled in the manner prescribed for	90795
the regular appointments to the commission. Any member appointed	90796
to fill a vacancy occurring prior to the expiration of the term	90797
for which the member's predecessor was appointed shall hold office	90798
for the remainder of such term. Any member shall continue in	90799
office subsequent to the expiration date of the member's term	90800
until the member's successor takes office, or until a period of	90801
sixty days has elapsed, whichever occurs first. No member shall	90802
hold office for more than two consecutive full terms. Annually,	90803
upon the qualification of the member appointed in such year, the	90804
commission shall organize by selecting from its members a	90805
president and vice-president, and shall do all things necessary	90806
and proper to carry out and enforce this chapter. A majority of	90807
the members of the commission shall constitute a quorum, but a	90808
lesser number may adjourn from time to time. Each member of the	90809
commission shall receive an amount fixed pursuant to section	90810
124.14 of the Revised Code for each day employed in the discharge	90811
of official duties, and the member's actual and necessary expenses	90812
incurred in the discharge of those duties.	90813

The commission or the superintendent of real estate may	90814
investigate complaints concerning the violation of section 4735.02	90815
or 4735.25 of the Revised Code and may subpoena witnesses in	90816
connection with such investigations as provided in section 4735.04	90817
of the Revised Code. The commission or the superintendent may make	90818
application to the appropriate court for an order enjoining the	90819
violation of section 4735.02 or 4735.25 of the Revised Code, and	90820
upon a showing by the commission or the superintendent that any	90821
person, firm, partnership, association, limited liability company,	90822
limited liability partnership, or corporation has violated or is	90823
about to violate section 4735.02 or 4735.25 of the Revised Code,	90824
an injunction, restraining order, or such other order as may be	90825
appropriate shall be granted by such court.	90826

The commission shall:

90827

(A) Adopt canons of ethics for the real estate industry;

90828

(B) Upon appeal by any party affected, or may upon its own	90829
motion, review any order or application determination of the	90830
superintendent, and may reverse, vacate, or modify any order of	90831
the superintendent;	90832

(C) Administer the real estate education and research fund	90833
and hear appeals from orders of the superintendent regarding	90834
claims against that fund or against the real estate recovery fund;	90835

(D) Direct the superintendent on the content, scheduling,	90836
instruction, and offerings of real estate courses for salesperson	90837
and broker educational requirements;	90838

(E) Disseminate to licensees and the public, information	90839
relative to commission activities and decisions;	90840

(F) Notify licensees of changes in state and federal civil	90841
rights laws pertaining to discrimination in the purchase or sale	90842
of real estate and relevant case law, and inform licensees that	90843
they are subject to disciplinary action if they do not comply with	90844
the changes;	90845

(G) Publish and furnish to public libraries and to brokers	90846
booklets on housing and remedies available to dissatisfied clients	90847
under this chapter and Chapter 4112. of the Revised Code;	90848

(H) Provide training to commission members and employees of	90849
the division of real estate and professional licensing on issues	90850
relative to the real estate industry, which may include but not be	90851
limited to investigative techniques, real estate law, and real	90852
estate practices and procedures.	90853

Sec. 4735.05. (A) The Ohio real estate commission is a part	90854
of the department of commerce for administrative purposes. The	90855
director of commerce is ex officio the executive officer of the	90856
commission, or the director may designate any employee of the	90857
department as superintendent of real estate and professional	90858
licensing to act as executive officer of the commission.	90859

The commission and the real estate appraiser board created	90860
pursuant to section 4763.02 of the Revised Code shall each submit	90861
to the director a list of three persons whom the commission and	90862
the board consider qualified to be superintendent within sixty	90863
days after the office of superintendent becomes vacant. The	90864
director shall appoint a superintendent from the lists submitted	90865
by the commission and the board, and the superintendent shall	90866
serve at the pleasure of the director.	90867

(B) The superintendent, except as otherwise provided, shall	90868
do all of the following in regard to this chapter:	90869

(1) Administer this chapter;

90870

(2) Issue all orders necessary to implement this chapter;

90871

(3) Investigate complaints concerning the violation of this	90872
chapter or the conduct of any licensee;	90873

(4) Establish and maintain an investigation and audit section	90874
to investigate complaints and conduct inspections, audits, and	90875
other inquiries as in the judgment of the superintendent are	90876
appropriate to enforce this chapter. The investigators or auditors	90877
have the right to review and audit the business records of	90878
licensees and continuing education course providers during normal	90879
business hours.	90880

(5) Appoint a hearing examiner for any proceeding involving	90881
disciplinary action under section 3123.47, 4735.052, or 4735.18 of	90882
the Revised Code;	90883

(6) Administer the real estate recovery fund.

90884

90885

(1) In connection with investigations and audits under	90886
division (B) of this section, subpoena witnesses as provided in	90887
section 4735.04 of the Revised Code;	90888

(2) Apply to the appropriate court to enjoin any violation of	90889
this chapter. Upon a showing by the superintendent that any person	90890
has violated or is about to violate any provision of this chapter,	90891
the court shall grant an injunction, restraining order, or other	90892
appropriate order.	90893

(3) Upon the death of a licensed broker or the revocation or	90894
suspension of the broker's license, if there is no other licensed	90895
broker within the business entity of the broker, appoint upon	90896
application by any interested party, or, in the case of a deceased	90897
broker, subject to the approval by the appropriate probate court,	90898
recommend the appointment of, an ancillary trustee who is	90899
qualified as determined by the superintendent to conclude the	90900
business transactions of the deceased, revoked, or suspended	90901
broker;	90902

(4) In conjunction with the enforcement of this chapter, when	90903
the superintendent of real estate has reasonable cause to believe	90904
that an applicant or licensee has committed a criminal offense,	90905
the superintendent of real estate may request the superintendent	90906
of the bureau of criminal identification and investigation to	90907
conduct a criminal records check of the applicant or licensee. The	90908
superintendent of the bureau of criminal identification and	90909
investigation shall obtain information from the federal bureau of	90910
investigation as part of the criminal records check of the	90911
applicant or licensee. The superintendent of real estate may	90912
assess the applicant or licensee a fee equal to the fee assessed	90913
for the criminal records check.	90914

(5) In conjunction with the enforcement of this chapter,	90915
issue advisory letters in lieu of initiating disciplinary action	90916
under section 4735.051 or 4735.052 of the Revised Code or issuing	90917
a citation under section 4735.16 or 4735.181 of the Revised Code.	90918

(D) All information that is obtained by investigators and	90919
auditors performing investigations or conducting inspections,	90920
audits, and other inquiries pursuant to division (B)(4) of this	90921
section, from licensees, complainants, or other persons, and all	90922
reports, documents, and other work products that arise from that	90923
information and that are prepared by the investigators, auditors,	90924
or other personnel of the department, shall be held in confidence	90925
by the superintendent, the investigators and auditors, and other	90926
personnel of the department. Notwithstanding division (D) of	90927
section 2317.023 of the Revised Code, all information obtained by	90928
investigators or auditors from an informal mediation meeting held	90929
pursuant to section 4735.051 of the Revised Code, including but	90930
not limited to the agreement to mediate and the accommodation	90931
agreement, shall be held in confidence by the superintendent,	90932
investigators, auditors, and other personnel of the department.	90933

(E) This section does not prevent the division of real estate	90934
and professional licensing from releasing information relating to	90935
licensees to the superintendent of financial institutions for	90936
purposes relating to the administration of sections 1322.01 to	90937
1322.12 of the Revised Code, to the superintendent of insurance	90938
for purposes relating to the administration of Chapter 3953. of	90939
the Revised Code, to the attorney general, or to local law	90940
enforcement agencies and local prosecutors. Information released	90941
by the division pursuant to this section remains confidential.	90942

Sec. 4735.052. (A) Upon receipt of a written complaint or	90943
upon the superintendent's own motion, the superintendent may	90944
investigate any person that has allegedly violated section 4735.02	90945
or 4735.25 of the Revised Code, except that the superintendent	90946
shall not initiate an investigation, pursuant to this section, of	90947
any person who held a ~~valid~~license on voluntary hold or a	90948
suspended or inactive license under this chapter ~~any time during~~	90949
~~the twelve months preceding~~on the date of the alleged violation.	90950

(B) If, after investigation, the superintendent determines	90951
there exists reasonable evidence of a violation of section 4735.02	90952
or 4735.25 of the Revised Code, within ~~seven~~fourteen business	90953
days after that determination, the superintendent shall send the	90954
party who is the subject of the investigation, a written notice,	90955
by regular mail, that includes all of the following information:	90956

(1) A description of the activity in which the party	90957
allegedly is engaging or has engaged that is a violation of	90958
section 4735.02 or 4735.25 of the Revised Code;	90959

(2) The applicable law allegedly violated;

90960

(3) A statement informing the party that a hearing concerning	90961
the alleged violation will be held ~~at the next regularly scheduled~~	90962
~~meeting of the Ohio real estate commission, and a statement giving~~	90963
~~the date and place of that meeting;~~	90964

~~(4) A statement informing the party that the party or the~~	90965
~~party's attorney may appear in person at the hearing and present~~	90966
~~evidence and examine witnesses appearing for and against the~~	90967
~~party, or the party may submit written testimony stating any~~	90968
~~positions, arguments, or contentions~~, upon the party's request,	90969
before a hearing examiner pursuant to Chapter 119. of the Revised	90970
Code.	90971

(C) ~~The commission~~(1) If a hearing is requested, the hearing	90972
examiner shall hear the testimony of all parties present at the	90973
hearing and consider any written testimony submitted pursuant to	90974
~~division (B)(4) of~~ this section, and determine if there has been a	90975
violation of section 4735.02 or 4735.25 of the Revised Code. If	90976

(2) After the conclusion of formal hearings, the hearing	90977
examiner shall file a report of findings of fact and conclusions	90978
of law with the superintendent, the commission, the complainant,	90979
and the parties. Within twenty days of receipt of such copy of the	90980
written report of findings of fact and conclusions of law, the	90981
parties and the division may file with the commission written	90982
objections to the report, which shall be considered by the	90983
commission before approving, modifying, or disapproving the	90984
report.	90985

(3) The commission shall review the hearing examiner's report	90986
at the next regularly scheduled commission meeting held at least	90987
twenty business days after receipt of the hearing examiner's	90988
report. The commission shall hear the testimony of the complainant	90989
or the parties.	90990

(4) The commission shall decide whether to impose	90991
disciplinary sanctions upon a party for a violation of section	90992
4735.02 of the Revised Code. If the commission finds that a	90993
violation has occurred, the commission may assess a civil penalty,	90994
in an amount it determines, not to exceed one thousand dollars per	90995
violation. Each day a violation occurs or continues is a separate	90996
violation. The commission shall determine the terms of payment.	90997
The commission shall maintain a ~~transcript~~record of the	90998
proceedings of the hearing and issue a written opinion to all	90999
parties, citing its findings and grounds for any action taken.	91000

(D) Civil penalties collected under this section shall be	91001
deposited in the real estate ~~recovery~~operating fund, which is	91002
created in the state treasury under section ~~4735.12~~4735.211 of	91003
the Revised Code.	91004

(E) If a party fails to pay a civil penalty assessed pursuant	91005
to this section within the time prescribed by the commission, the	91006
superintendent shall forward to the attorney general the name of	91007
the party and the amount of the civil penalty, for the purpose of	91008
collecting that civil penalty. In addition to the civil penalty	91009
assessed pursuant to this section, the party also shall pay any	91010
fee assessed by the attorney general for collection of the civil	91011
penalty.	91012

(F) The superintendent may reserve the right to bring a civil	91013
action against a party that fails to pay a civil penalty for	91014
breach of contract in a court of competent jurisdiction.	91015

Sec. 4735.06. (A) Application for a license as a real estate	91016
broker shall be made to the superintendent of real estate on forms	91017
furnished by the superintendent and filed with the superintendent	91018
and shall be signed by the applicant or its members or officers.	91019
Each application shall state the name of the person applying and	91020
the location of the place of business for which the license is	91021
desired, and give such other information as the superintendent	91022
requires in the form of application prescribed by the	91023
superintendent.	91024

If the applicant is a partnership, limited liability company,	91025
limited liability partnership, or association, the names of all	91026
the members also shall be stated, and, if the applicant is a	91027
corporation, the names of its president and of each of its	91028
officers also shall be stated. The superintendent has the right to	91029
reject the application of any partnership, association, limited	91030
liability company, limited liability partnership, or corporation	91031
if the name proposed to be used by such partnership, association,	91032
limited liability company, limited liability partnership, or	91033
corporation is likely to mislead the public or if the name is not	91034
such as to distinguish it from the name of any existing	91035
partnership, association, limited liability company, limited	91036
liability partnership, or corporation licensed under this chapter,	91037
unless there is filed with the application the written consent of	91038
such existing partnership, association, limited liability company,	91039
limited liability partnership, or corporation, executed by a duly	91040
authorized representative of it, permitting the use of the name of	91041
such existing partnership, association, limited liability company,	91042
limited liability partnership, or corporation.	91043

(B) A fee of one hundred dollars shall accompany the	91044
application for a real estate broker's license~~, which fee includes~~	91045
~~the fee for the initial year of the licensing period, if a license~~	91046
~~is issued~~. The initial licensing period commences at the time the	91047
license is issued and ends on the applicant's first birthday	91048
thereafter. However, if the applicant was an inactive or active	91049
salesperson immediately preceding application for a broker's	91050
license, then the initial licensing period shall commence at the	91051
time the broker's license is issued and ends on the date the	91052
licensee's continuing education is due as set when the applicant	91053
was a salesperson. The application fee shall be ~~retained by the~~	91054
~~superintendent if the applicant is admitted to the examination for~~	91055
~~the license or the examination requirement is waived, but, if an~~	91056
~~applicant is not so admitted and a waiver is not involved,~~	91057
~~one-half of the fee shall be retained by the superintendent to~~	91058
~~cover the expenses of processing the application and the other~~	91059
~~one-half shall be returned to the applicant~~nonrefundable. A fee	91060
of one hundred dollars shall be charged by the superintendent for	91061
each successive application made by an applicant. In the case of	91062
issuance of a three-year license, upon passing the examination, or	91063
upon waiver of the examination requirement, if the superintendent	91064
determines it is necessary, the applicant shall submit an	91065
additional fee determined by the superintendent based upon the	91066
number of years remaining in a real estate salesperson's licensing	91067
period.	91068

(C) One dollar of each application fee for a real estate	91069
broker's license shall be credited to the real estate education	91070
and research fund, which is hereby created in the state treasury.	91071
The Ohio real estate commission may use the fund in discharging	91072
the duties prescribed in divisions (E), (F), (G), and (H) of	91073
section 4735.03 of the Revised Code and shall use it in the	91074
advancement of education and research in real estate at any	91075
institution of higher education in the state, or in contracting	91076
with any such institution or a trade organization for a particular	91077
research or educational project in the field of real estate, or in	91078
advancing loans, not exceeding ~~eight hundred~~two thousand dollars,	91079
to applicants for salesperson licenses, to defray the costs of	91080
satisfying the educational requirements of division (F) of section	91081
4735.09 of the Revised Code. Such loans shall be made according to	91082
rules established by the commission under the procedures of	91083
Chapter 119. of the Revised Code, and they shall be repaid to the	91084
fund within three years of the time they are made. No more than	91085
ten thousand dollars shall be lent from the fund in any one year.	91086

The governor may appoint a representative from the executive	91087
branch to be a member ex officio of the commission for the purpose	91088
of advising on research requests or educational projects. The	91089
commission shall report to the general assembly on the third	91090
Tuesday after the third Monday in January of each year setting	91091
forth the total amount contained in the fund and the amount of	91092
each research grant that it has authorized and the amount of each	91093
research grant requested. A copy of all research reports shall be	91094
submitted to the state library of Ohio and the library of the	91095
legislative service commission.	91096

(D) If the superintendent, with the consent of the	91097
commission, enters into an agreement with a national testing	91098
service to administer the real estate broker's examination,	91099
pursuant to division (A) of section 4735.07 of the Revised Code,	91100
the superintendent may require an applicant to pay the testing	91101
service's examination fee directly to the testing service. If the	91102
superintendent requires the payment of the examination fee	91103
directly to the testing service, each applicant shall submit to	91104
the superintendent a processing fee in an amount determined by the	91105
Ohio real estate commission pursuant to division (A)(2) of section	91106
4735.10 of the Revised Code.	91107

Sec. 4735.07. (A) The superintendent of real estate, with	91108
the consent of the Ohio real estate commission, may enter into	91109
agreements with recognized national testing services to administer	91110
the real estate broker's examination under the superintendent's	91111
supervision and control, consistent with the requirements of this	91112
chapter as to the contents of such examination.	91113

(B) No applicant for a real estate broker's license shall	91114
take the broker's examination who has not established to the	91115
satisfaction of the superintendent that the applicant:	91116

(1) Is honest, truthful, and of good reputation;

91117

(2)(a) Has not been convicted of a felony or crime of moral	91118
turpitude, or if the applicant has been so convicted, the	91119
superintendent has disregarded the conviction because the	91120
applicant has proven to the superintendent, by a preponderance of	91121
the evidence, that the applicant's activities and employment	91122
record since the conviction show that the applicant is honest,	91123
truthful, and of good reputation, and there is no basis in fact	91124
for believing that the applicant again will violate the laws	91125
involved;	91126

(b) Has not been finally adjudged by a court to have violated	91127
any municipal, state, or federal civil rights laws relevant to the	91128
protection of purchasers or sellers of real estate or, if the	91129
applicant has been so adjudged, at least two years have passed	91130
since the court decision and the superintendent has disregarded	91131
the adjudication because the applicant has proven, by a	91132
preponderance of the evidence, that the applicant's activities and	91133
employment record since the adjudication show that the applicant	91134
is honest, truthful, and of good reputation, and there is no basis	91135
in fact for believing that the applicant will again violate the	91136
laws involved.	91137

(3) Has not, during any period in which the applicant was	91138
licensed under this chapter, violated any provision of, or any	91139
rule adopted pursuant to, this chapter, or, if the applicant has	91140
violated any such provision or rule, has established to the	91141
satisfaction of the superintendent that the applicant will not	91142
again violate such provision or rule;	91143

(4) Is at least eighteen years of age;

91144

(5) Has been a licensed real estate broker or salesperson for	91145
at least two years; during at least two of the five years	91146
preceding the person's application, has worked as a licensed real	91147
estate broker or salesperson for an average of at least thirty	91148
hours per week; and has completed one of the following:	91149

(a) At least twenty real estate transactions, in which	91150
property was sold for another by the applicant while acting in the	91151
capacity of a real estate broker or salesperson;	91152

(b) Such equivalent experience as is defined by rules adopted	91153
by the commission.	91154

(6)(a) If licensed as a real estate salesperson prior to	91155
August 1, 2001, successfully has completed at an institution of	91156
higher education all of the following:	91157

(i) Thirty hours of classroom instruction in real estate	91158
practice;	91159

(ii) Thirty hours of classroom instruction that includes the	91160
subjects of Ohio real estate law, municipal, state, and federal	91161
civil rights law, new case law on housing discrimination,	91162
desegregation issues, and methods of eliminating the effects of	91163
prior discrimination. If feasible, the classroom instruction in	91164
Ohio real estate law shall be taught by a member of the faculty of	91165
an accredited law school. If feasible, the classroom instruction	91166
in municipal, state, and federal civil rights law, new case law on	91167
housing discrimination, desegregation issues, and methods of	91168
eliminating the effects of prior discrimination shall be taught by	91169
a staff member of the Ohio civil rights commission who is	91170
knowledgeable with respect to those subjects. The requirements of	91171
this division do not apply to an applicant who is admitted to	91172
practice before the supreme court.	91173

(iii) Thirty hours of classroom instruction in real estate	91174
appraisal;	91175

(iv) Thirty hours of classroom instruction in real estate	91176
finance;	91177

(v) Three quarter hours, or its equivalent in semester hours,	91178
in financial management;	91179

(vi) Three quarter hours, or its equivalent in semester	91180
hours, in human resource or personnel management;	91181

(vii) Three quarter hours, or its equivalent in semester	91182
hours, in applied business economics;	91183

(viii) Three quarter hours, or its equivalent in semester	91184
hours, in business law.	91185

(b) If licensed as a real estate salesperson on or after	91186
August 1, 2001, successfully has completed at an institution of	91187
higher education all of the following:	91188

(i) Forty hours of classroom instruction in real estate	91189
practice;	91190

(ii) Forty hours of classroom instruction that includes the	91191
subjects of Ohio real estate law, municipal, state, and federal	91192
civil rights law, new case law on housing discrimination,	91193
desegregation issues, and methods of eliminating the effects of	91194
prior discrimination. If feasible, the classroom instruction in	91195
Ohio real estate law shall be taught by a member of the faculty of	91196
an accredited law school. If feasible, the classroom instruction	91197
in municipal, state, and federal civil rights law, new case law on	91198
housing discrimination, desegregation issues, and methods of	91199
eliminating the effects of prior discrimination shall be taught by	91200
a staff member of the Ohio civil rights commission who is	91201
knowledgeable with respect to those subjects. The requirements of	91202
this division do not apply to an applicant who is admitted to	91203
practice before the supreme court.	91204

(iii) Twenty hours of classroom instruction in real estate	91205
appraisal;	91206

(iv) Twenty hours of classroom instruction in real estate	91207
finance;	91208

(v) The training in the amount of hours specified under	91209
divisions (B)(6)(a)(v), (vi), (vii), and (viii) of this section.	91210

(c) Division (B)(6)(a) or (b) of this section does not apply	91211
to any applicant who holds a valid real estate salesperson's	91212
license issued prior to January 2, 1972. Divisions (B)(6)(a)(v),	91213
(vi), (vii), and (viii) or division (B)(6)(b)(v) of this section	91214
do not apply to any applicant who holds a valid real estate	91215
salesperson's license issued prior to January 3, 1984.	91216

(7) If licensed as a real estate salesperson on or after	91217
January 3, 1984, satisfactorily has completed a minimum of two	91218
years of post-secondary education, or its equivalent in semester	91219
or quarter hours, at an institution of higher education, and has	91220
fulfilled the requirements of division (B)(6)(a) or (b) of this	91221
section. The requirements of division (B)(6)(a) or (b) of this	91222
section may be included in the two years of post-secondary	91223
education, or its equivalent in semester or quarter hours, that is	91224
required by this division.	91225

(C) Each applicant for a broker's license shall be examined	91226
in the principles of real estate practice, Ohio real estate law,	91227
and financing and appraisal, and as to the duties of real estate	91228
brokers and real estate salespersons, the applicant's knowledge of	91229
real estate transactions and instruments relating to them, and the	91230
canons of business ethics pertaining to them. The commission from	91231
time to time shall promulgate such canons and cause them to be	91232
published in printed form.	91233

(D) Examinations shall be administered with reasonable	91234
accommodations in accordance with the requirements of the	91235
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	91236
U.S.C. 12101. The contents of an examination shall be consistent	91237
with the requirements of division (B)(6) of this section and with	91238
the other specific requirements of this section. An applicant who	91239
has completed the requirements of division (B)(6) of this section	91240
at the time of application shall be examined no later than twelve	91241
months after the applicant is notified of admission to the	91242
examination.	91243

(E) The superintendent may waive one or more of the	91244
requirements of this section in the case of an application from a	91245
nonresident real estate broker pursuant to a reciprocity agreement	91246
with the licensing authority of the state from which the	91247
nonresident applicant holds a valid real estate broker license.	91248

(F) There shall be no limit placed on the number of times an	91249
applicant may retake the examination.	91250

(G)(1) NoNot earlier than the date of issue of a real estate	91251
broker's license to a licensee, but not later than twelve months	91252
after the date of issue of a real estate broker's license to a	91253
licensee, the licensee shall submit proof satisfactory to the	91254
superintendent, on forms made available by the superintendent, of	91255
the completion of ten hours of classroom instruction ~~in real~~	91256
~~estate brokerage at an institution of higher education or any~~	91257
~~other institution~~that shall be completed in schools, seminars,	91258
and educational institutions that isare approved by the	91259
commission. ~~That instruction shall include, but not be limited to,~~	91260
~~current issues in managing a real estate company or office~~	91261
Approval of the curriculum and providers shall be granted	91262
according to rules adopted pursuant to section 4735.10 of the	91263
Revised Code.	91264

If the required proof of completion is not submitted to the	91265
superintendent within twelve months of the date a license is	91266
issued under this section, the license of the real estate broker	91267
is suspended automatically without the taking of any action by the	91268
superintendent. The broker's license shall not be reactivated by	91269
the superintendent until it is established, to the satisfaction of	91270
the superintendent, that the requirements of this division have	91271
been met and that the licensee is in compliance with this chapter.	91272
A licensee's license is revoked automatically without the taking	91273
of any action by the superintendent if the licensee fails to	91274
submit proof of completion of the education requirements specified	91275
under division (G)(1) of this section within twelve months of the	91276
date the license is suspended.	91277

(2) If the license of a real estate broker is suspended	91278
pursuant to division (G)(1) of this section, the license of a real	91279
estate salesperson associated with that broker correspondingly is	91280
suspended pursuant to division (H) of section 4735.20 of the	91281
Revised Code. However, the suspended license of the associated	91282
real estate salesperson shall be reactivated and no fee shall be	91283
charged or collected for that reactivation if all of the following	91284
occur:	91285

(a) That broker subsequently submits satisfactory proof to	91286
the superintendent that the broker has complied with the	91287
requirements of division (G)(1) of this section and requests that	91288
the broker's license as a real estate broker be reactivated;	91289

(b) The superintendent then reactivates the broker's license	91290
as a real estate broker;	91291

(c) The associated real estate salesperson intends to	91292
continue to be associated with that broker and otherwise is in	91293
compliance with this chapter.	91294

Sec. 4735.09. (A) Application for a license as a real estate	91295
salesperson shall be made to the superintendent of real estate on	91296
forms furnished by the superintendent and signed by the applicant.	91297
The application shall be in the form prescribed by the	91298
superintendent and shall contain such information as is required	91299
by this chapter and the rules of the Ohio real estate commission.	91300
The application shall be accompanied by the recommendation of the	91301
real estate broker with whom the applicant is associated or with	91302
whom the applicant intends to be associated, certifying that the	91303
applicant is honest, truthful, and of good reputation, has not	91304
been convicted of a felony or a crime involving moral turpitude,	91305
and has not been finally adjudged by a court to have violated any	91306
municipal, state, or federal civil rights laws relevant to the	91307
protection of purchasers or sellers of real estate, which	91308
conviction or adjudication the applicant has not disclosed to the	91309
superintendent, and recommending that the applicant be admitted to	91310
the real estate salesperson examination.	91311

(B) A fee of sixty dollars shall accompany the application,	91312
which fee includes the fee for the initial year of the licensing	91313
period, if a license is issued. The initial year of the licensing	91314
period commences at the time the license is issued and ends on the	91315
applicant's first birthday thereafter. The application fee shall	91316
be ~~retained by the superintendent if the applicant is admitted to~~	91317
~~the examination for the license or the examination requirement is~~	91318
~~waived, but, if an applicant is not so admitted and a waiver is~~	91319
~~not involved, one-half of the fee shall be retained by the~~	91320
~~superintendent to cover the expenses of processing the application~~	91321
~~and the other one-half shall be returned to the applicant~~	91322
nonrefundable. A fee of sixty dollars shall be charged by the	91323
superintendent for each successive application made by the	91324
applicant. One dollar of each application fee shall be credited to	91325
the real estate education and research fund.	91326

(C) There shall be no limit placed on the number of times an	91327
applicant may retake the examination.	91328

(D) The superintendent, with the consent of the commission,	91329
may enter into an agreement with a recognized national testing	91330
service to administer the real estate salesperson's examination	91331
under the superintendent's supervision and control, consistent	91332
with the requirements of this chapter as to the contents of the	91333
examination.	91334

If the superintendent, with the consent of the commission,	91335
enters into an agreement with a national testing service to	91336
administer the real estate salesperson's examination, the	91337
superintendent may require an applicant to pay the testing	91338
service's examination fee directly to the testing service. If the	91339
superintendent requires the payment of the examination fee	91340
directly to the testing service, each applicant shall submit to	91341
the superintendent a processing fee in an amount determined by the	91342
Ohio real estate commission pursuant to division (A)(1) of section	91343
4735.10 of the Revised Code.	91344

(E) The superintendent shall issue a real estate	91345
salesperson's license when satisfied that the applicant has	91346
received a passing score on each portion of the salesperson's	91347
examination as determined by rule by the real estate commission,	91348
except that the superintendent may waive one or more of the	91349
requirements of this section in the case of an applicant who is a	91350
licensed real estate salesperson in another state pursuant to a	91351
reciprocity agreement with the licensing authority of the state	91352
from which the applicant holds a valid real estate salesperson's	91353
license.	91354

(F) No applicant for a salesperson's license shall take the	91355
salesperson's examination who has not established to the	91356
satisfaction of the superintendent that the applicant:	91357

(1) Is honest, truthful, and of good reputation;

91358

(2)(a) Has not been convicted of a felony or crime of moral	91359
turpitude or, if the applicant has been so convicted, the	91360
superintendent has disregarded the conviction because the	91361
applicant has proven to the superintendent, by a preponderance of	91362
the evidence, that the applicant's activities and employment	91363
record since the conviction show that the applicant is honest,	91364
truthful, and of good reputation, and there is no basis in fact	91365
for believing that the applicant again will violate the laws	91366
involved;	91367

(b) Has not been finally adjudged by a court to have violated	91368
any municipal, state, or federal civil rights laws relevant to the	91369
protection of purchasers or sellers of real estate or, if the	91370
applicant has been so adjudged, at least two years have passed	91371
since the court decision and the superintendent has disregarded	91372
the adjudication because the applicant has proven, by a	91373
preponderance of the evidence, that the applicant is honest,	91374
truthful, and of good reputation, and there is no basis in fact	91375
for believing that the applicant again will violate the laws	91376
involved.	91377

(3) Has not, during any period in which the applicant was	91378
licensed under this chapter, violated any provision of, or any	91379
rule adopted pursuant to this chapter, or, if the applicant has	91380
violated such provision or rule, has established to the	91381
satisfaction of the superintendent that the applicant will not	91382
again violate such provision or rule;	91383

(4) Is at least eighteen years of age;

91384

(5) If born after the year 1950, has a high school diploma or	91385
its equivalent as recognized by the state department of education;	91386

(6)~~(a) If beginning instruction prior to August 1, 2001, has~~	91387
~~successfully completed at an institution of higher education all~~	91388
~~of the following:~~	91389

~~(i) Thirty hours of classroom instruction in real estate~~	91390
~~practice;~~	91391

~~(ii) Thirty hours of classroom instruction that includes the~~	91392
~~subjects of Ohio real estate law, municipal, state, and federal~~	91393
~~civil rights law, new case law on housing discrimination,~~	91394
~~desegregation issues, and methods of eliminating the effects of~~	91395
~~prior discrimination. If feasible, the classroom instruction in~~	91396
~~Ohio real estate law shall be taught by a member of the faculty of~~	91397
~~an accredited law school. If feasible, the classroom instruction~~	91398
~~in municipal, state, and federal civil rights law, new case law on~~	91399
~~housing discrimination, desegregation issues, and methods of~~	91400
~~eliminating the effects of prior discrimination shall be taught by~~	91401
~~a staff member of the Ohio civil rights commission who is~~	91402
~~knowledgeable with respect to those subjects. The requirements of~~	91403
~~this division do not apply to an applicant who is admitted to~~	91404
~~practice before the supreme court.~~	91405

~~(iii) Thirty hours of classroom instruction in real estate~~	91406
~~appraisal;~~	91407

~~(iv) Thirty hours of classroom instruction in real estate~~	91408
~~finance.~~	91409

~~(b) Any person who has not been licensed as a real estate~~	91410
~~salesperson or broker within a four-year period immediately~~	91411
~~preceding the person's current application for the salesperson's~~	91412
~~examination shall have successfully completed the classroom~~	91413
~~instruction required by division (F)(6)(a) of this section within~~	91414
~~a ten-year period immediately preceding the person's current~~	91415
~~application for the salesperson's examination.~~	91416

~~(7) If beginning instruction, as determined by the~~	91417
~~superintendent, on or after August 1, 2001, has~~Has successfully	91418
completed at an institution of higher education all of the	91419
following:	91420

(a) Forty hours of classroom instruction in real estate	91421
practice;	91422

(b) Forty hours of classroom instruction that includes the	91423
subjects of Ohio real estate law, municipal, state, and federal	91424
civil rights law, new case law on housing discrimination,	91425
desegregation issues, and methods of eliminating the effects of	91426
prior discrimination. If feasible, the classroom instruction in	91427
Ohio real estate law shall be taught by a member of the faculty of	91428
an accredited law school. If feasible, the classroom instruction	91429
in municipal, state, and federal civil rights law, new case law on	91430
housing discrimination, desegregation issues, and methods of	91431
eliminating the effects of prior discrimination shall be taught by	91432
a staff member of the Ohio civil rights commission who is	91433
knowledgeable with respect to those subjects. The requirements of	91434
this division do not apply to an applicant who is admitted to	91435
practice before the supreme court.	91436

(c) Twenty hours of classroom instruction in real estate	91437
appraisal;	91438

(d) Twenty hours of classroom instruction in real estate	91439
finance.	91440

(G) NoAny person who has not been licensed as a real estate	91441
salesperson or broker within a four-year period immediately	91442
preceding the person's current application for the salesperson's	91443
examination shall have successfully completed the prelicensure	91444
classroom instruction required by division (F)(6) of this section	91445
within a ten-year period immediately preceding the person's	91446
current application for the salesperson's examination.	91447

(H) Not earlier than the date of issue of a real estate	91448
salesperson's license to a licensee, but not later than twelve	91449
months after the date of issue of a real estate salesperson	91450
license to a licensee, the licensee shall submit proof	91451
satisfactory to the superintendent, on forms made available by the	91452
superintendent, of the completion~~, at an institution of higher~~	91453
~~education or any other institution~~of ten hours of classroom	91454
instruction that shall be completed in schools, seminars, and	91455
educational institutions approved by the commission~~, of ten hours~~	91456
~~of classroom instruction in real estate courses that cover current~~	91457
~~issues regarding consumers, real estate practice, ethics, and real~~	91458
~~estate law~~. Approval of the curriculum and providers shall be	91459
granted according to rules adopted pursuant to section 4735.10 of	91460
the Revised Code.	91461

If proof of completion of the required instruction is not	91462
submitted within twelve months of the date a license is issued	91463
under this section, the licensee's license is suspended	91464
automatically without the taking of any action by the	91465
superintendent. The superintendent immediately shall notify the	91466
broker with whom such salesperson is associated of the suspension	91467
of the salesperson's license. A salesperson whose license has been	91468
suspended under this division shall have twelve months after the	91469
date of the suspension of the salesperson's license to submit	91470
proof of successful completion of the instruction required under	91471
this division. No such license shall be reactivated by the	91472
superintendent until it is established, to the satisfaction of the	91473
superintendent, that the requirements of this division have been	91474
met and that the licensee is in compliance with this chapter. A	91475
licensee's license is revoked automatically without the taking of	91476
any action by the superintendent when the licensee fails to submit	91477
the required proof of completion of the education requirements	91478
under division ~~(G)~~(H) of this section within twelve months of the	91479
date the license is suspended.	91480

~~(H)~~(I) Examinations shall be administered with reasonable	91481
accommodations in accordance with the requirements of the	91482
"Americans with Disabilities Act of 1990," 104 Stat. 327, 42	91483
U.S.C. ~~12101~~12189. The contents of an examination shall be	91484
consistent with the classroom instructional requirements of	91485
division (F)(6) ~~or (7)~~ of this section. An applicant who has	91486
completed the classroom instructional requirements of division	91487
(F)(6) ~~or (7)~~ of this section at the time of application shall be	91488
examined no later than twelve months after the applicant is	91489
notified of the applicant's admission to the examination.	91490

Sec. 4735.10. (A)(1) The Ohio real estate commission may	91491
adopt reasonable rules in accordance with Chapter 119. of the	91492
Revised Code, necessary for implementing the provisions of this	91493
chapter relating, but not limited to, the following:	91494

(a) The form and manner of filing applications for ~~license~~	91495
licensure;	91496

(b) Times and form of examination for license;

91497

(c) Placing an existing broker's license on deposit or a	91498
salesperson's license on an inactive status for an indefinite	91499
period;	91500

(d) Specifying the process by which a licensee may place the	91501
licensee's license on voluntary hold or resigned status;	91502

(e) Defining any additional license status that the	91503
commission determines is necessary and that is not otherwise	91504
defined in this chapter and establishing the process by which a	91505
licensee places the licensee's license in a status defined by the	91506
commission in the rules the commission adopts;	91507

(f) Clarification of the activities that require a license	91508
under this chapter.	91509

(2) The commission shall adopt reasonable rules in accordance	91510
with Chapter 119. of the Revised Code, for implementing the	91511
provisions of this chapter relating to the following:	91512

(a) The issuance, renewal, suspension, and revocation of	91513
licenses, other sanctions that may be imposed for violations of	91514
this chapter, the conduct of hearings related to these actions,	91515
and the process of reactivating a license;	91516

(b) ~~By not later than January 1, 2004, a~~A three-year license	91517
and a three-year license renewal system;	91518

(c) Standards for the approval of the ten hour postlicensure	91519
courses as required by division (H) of section 4735.07 and	91520
division (H) of section 4735.09 of the Revised Code, courses of	91521
study required for licenses, orcourses offered in preparation for	91522
license examinations, or courses required as continuing education	91523
for licenses.	91524

(d) Guidelines to ensure that continuing education classes	91525
are open to all persons licensed under this chapter. The rules	91526
shall specify that an organization that sponsors a continuing	91527
education class may offer its members a reasonable reduction in	91528
the fees charged for the class.	91529

(e) Requirements for trust accounts and property management	91530
accounts. The rules shall specify that:	91531

(i) Brokerages engaged in the management of property for	91532
another may, pursuant to a written contract with the property	91533
owner, exercise signatory authority for withdrawals from property	91534
management accounts maintained in the name of the property owner.	91535
The exercise of authority for withdrawals does not constitute a	91536
violation of any provision of division (A) of section 4735.18 of	91537
the Revised Code.	91538

(ii) The interest earned on property management trust	91539
accounts maintained in the name of the property owner or the	91540
broker shall be payable to the property owner unless otherwise	91541
specified in a written contract.	91542

(f) Notice of renewal forms and filing deadlines;

91543

(g) Special assessments under division (A) of section 4735.12	91544
of the Revised Code.	91545

(B) The commission may adopt rules in accordance with Chapter	91546
119. of the Revised Code establishing standards and guidelines	91547
with which the superintendent of real estate shall comply in the	91548
exercise of the following powers:	91549

(1) Appointment and recommendation of ancillary trustees	91550
under section 4735.05 of the Revised Code;	91551

(2) Rejection of names proposed to be used by partnerships,	91552
associations, limited liability companies, limited liability	91553
partnerships, and corporations, under division (A) of section	91554
4735.06 of the Revised Code;	91555

(3) Acceptance and rejection of applications to take the	91556
broker and salesperson examinations and licensure, with	91557
appropriate waivers pursuant to division (E) of section 4735.07	91558
and section 4735.09 of the Revised Code;	91559

(4) Approval of applications of brokers to place their	91560
licenses ~~on deposit~~in an inactive status and to become	91561
salespersons under section 4735.13 of the Revised Code;	91562

(5) Appointment of hearing examiners under section 119.09 of	91563
the Revised Code;	91564

(6) Acceptance and rejection of applications to take the	91565
foreign real estate dealer and salesperson examinations and	91566
licensure, with waiver of examination, under sections 4735.27 and	91567
4735.28 of the Revised Code;	91568

(7) Qualification of foreign real estate under section	91569
4735.25 of the Revised Code.	91570

If at any time there is no rule in effect establishing a	91571
guideline or standard required by this division, the	91572
superintendent may adopt a rule in accordance with Chapter 119. of	91573
the Revised Code for such purpose.	91574

(C) The commission or superintendent may hear testimony in	91575
matters relating to the duties imposed upon them, and the	91576
president of the commission and superintendent may administer	91577
oaths. The commission or superintendent may require other proof of	91578
the honesty, truthfulness, and good reputation of any person named	91579
in an application for a real estate broker's or real estate	91580
salesperson's license before admitting the applicant to the	91581
examination or issuing a license.	91582

Sec. 4735.13. (A) Every real estate broker licensed under	91583
this chapter shall have and maintain a definite place of business	91584
in this state. A post office box address is not a definite place	91585
of business for purposes of this section. The license of a real	91586
estate broker shall be prominently displayed in the office or	91587
place of business of the broker, and no license shall authorize	91588
the licensee to do business except from the location specified in	91589
it. If the broker maintains more than one place of business within	91590
the state, the broker shall apply for and procure a duplicate	91591
license for each branch office maintained by the broker. Each	91592
branch office shall be in the charge of a licensed broker or	91593
salesperson. The branch office license shall be prominently	91594
displayed at the branch office location.	91595

(B) The license of each real estate salesperson shall be	91596
mailed to and remain in the possession of the licensed broker with	91597
whom the salesperson is or is to be associated until the licensee	91598
places the license on inactive, voluntary hold, or resigned status	91599
or until the salesperson leaves the brokerage or is terminated.	91600
The broker shall keep each salesperson's license in a way that it	91601
can, and shall on request, be made immediately available for	91602
public inspection at the office or place of business of the	91603
broker. Except as provided in divisions (G) and (H) of this	91604
section, immediately upon the salesperson's leaving the	91605
association or termination of the association of a real estate	91606
salesperson with the broker, the broker shall return the	91607
salesperson's license to the superintendent of real estate.	91608

The failure of a broker to return the license of a real	91609
estate salesperson or broker who leaves or who is terminated, via	91610
certified mail return receipt requested, within three business	91611
days of the receipt of a written request from the superintendent	91612
for the return of the license, is prima-facie evidence of	91613
misconduct under division (A)(6) of section 4735.18 of the Revised	91614
Code.	91615

(C) Any licensee ~~who~~shall notify the superintendent in	91616
writing within fifteen days of any of the following occurrences:	91617

(1) The licensee is convicted of a felony or.

91618

(2) The licensee is convicted of a crime involving moral	91619
turpitude ~~or of violating~~.	91620

(3) The licensee is found to have violated any federal,	91621
state, or municipal civil rights law pertaining to discrimination	91622
in housing~~, or any court that issues a finding of an unlawful~~.	91623

(4) The licensee is found to have engaged in a discriminatory	91624
practice pertaining to housing accommodations described in	91625
division (H) of section 4112.02 of the Revised Code ~~or that~~	91626
~~convicts a~~.	91627

(5) The licensee ~~of a violation of~~is found to have violated	91628
any municipal civil rights law pertaining to housing	91629
discrimination~~, shall notify the superintendent of the conviction~~	91630
~~or finding within fifteen days. If~~.	91631

(6) The licensee is the subject of an order by the department	91632
of commerce, the department of insurance, or the department of	91633
agriculture revoking or permanently surrendering any professional	91634
license, certificate, or registration.	91635

(7) The licensee is the subject of an order by any government	91636
agency concerning real estate, financial matters, or the	91637
performance of fiduciary duties with respect to any license,	91638
certificate, or registration.	91639

If a licensee fails to notify the superintendent within the	91640
required time, the superintendent immediately may ~~revoke~~suspend	91641
the license of the licensee.	91642

Any court that convicts a licensee of a violation of any	91643
municipal civil rights law pertaining to housing discrimination	91644
also shall notify the Ohio civil rights commission within fifteen	91645
days of the conviction.	91646

(D) In case of any change of business location, a broker	91647
shall give notice ~~in writing~~ to the superintendent, on a form	91648
prescribed by the superintendent, within thirty days after the	91649
change of location, whereupon the superintendent shall issue new	91650
licenses for the unexpired period without charge. If a broker	91651
changes a business location without giving the required notice and	91652
without receiving new licenses that action is prima-facie evidence	91653
of misconduct under division (A)(6) of section 4735.18 of the	91654
Revised Code.	91655

(E) If a real estate broker desires to associate with another	91656
real estate broker in the capacity of a real estate salesperson,	91657
the broker shall apply to the superintendent to deposit the	91658
broker's real estate broker's license with the superintendent and	91659
for the issuance of a real estate salesperson's license. The	91660
application shall be made on a form prescribed by the	91661
superintendent and shall be accompanied by the recommendation of	91662
the real estate broker with whom the applicant intends to become	91663
associated and a fee of twenty-five dollars for the real estate	91664
salesperson's license. One dollar of the fee shall be credited to	91665
the real estate education and research fund. If the superintendent	91666
is satisfied that the applicant is honest, truthful, and of good	91667
reputation, has not been convicted of a felony or a crime	91668
involving moral turpitude, and has not been finally adjudged by a	91669
court to have violated any municipal, state, or federal civil	91670
rights laws relevant to the protection of purchasers or sellers of	91671
real estate, and that the association of the real estate broker	91672
and the applicant will be in the public interest, the	91673
superintendent shall grant the application and issue a real estate	91674
salesperson's license to the applicant. Any license so deposited	91675
with the superintendent shall be subject to this chapter. A broker	91676
who intends to deposit the broker's license with the	91677
superintendent, as provided in this section, shall give written	91678
notice of this fact in a format prescribed by the superintendent	91679
to all salespersons associated with the broker when applying to	91680
place the broker's license on deposit.	91681

(F) If a real estate broker desires to become a member or	91682
officer of a partnership, association, limited liability company,	91683
limited liability partnership, or corporation that is or intends	91684
to become a licensed real estate broker, the broker shall notify	91685
the superintendent of the broker's intentions. The notice of	91686
intention shall be on a form prescribed by the superintendent and	91687
shall be accompanied by a fee of twenty-five dollars. One dollar	91688
of the fee shall be credited to the real estate education and	91689
research fund.	91690

NoA licensed real estate broker who is a member or officer	91691
of a partnership, association, limited liability company, limited	91692
liability partnership, or corporation ~~that is a licensed real~~	91693
~~estate broker~~ shall ~~perform any acts~~only act as a real estate	91694
broker ~~other than as the agent of the~~for such partnership,	91695
association, limited liability company, limited liability	91696
partnership, or corporation~~, and such broker shall not have any~~	91697
~~real estate salespersons associated with the broker~~.	91698

(G) If a real estate broker or salesperson enters the armed	91699
forces, the broker or salesperson may place the broker's or	91700
salesperson's license on deposit with the Ohio real estate	91701
commission. The licensee shall not be required to renew the	91702
license until the renewal date that follows the date of discharge	91703
from the armed forces. Any license deposited with the commission	91704
shall be subject to this chapter. Any licensee whose license is on	91705
deposit under this division and who fails to meet the continuing	91706
education requirements of section 4735.141 of the Revised Code	91707
because the licensee is in the armed forces shall satisfy the	91708
commission that the licensee has complied with the continuing	91709
education requirements within twelve months of the licensee's	91710
first birthday after discharge. The ~~commission~~superintendent	91711
shall notify the licensee of the licensee's obligations under	91712
section 4735.141 of the Revised Code at the time the licensee	91713
applies for reactivation of the licensee's license.	91714

(H) If a licensed real estate salesperson submits an	91715
application to the superintendent to leave the association of one	91716
broker to associate with a different broker, the broker possessing	91717
the licensee's license need not return the salesperson's license	91718
to the superintendent. The superintendent may process the	91719
application regardless of whether the licensee's license is	91720
returned to the superintendent.	91721

Sec. 4735.14. (A) Each license issued under this chapter,	91722
shall be valid without further recommendation or examination until	91723
it is placed in an inactive, voluntary hold, or resigned status,	91724
is revoked or suspended, or such license expires by operation of	91725
law.	91726

(B) Except for a licensee who has placed the licensee's	91727
license on voluntary hold or resigned status pursuant to section	91728
4735.142 of the Revised Code, each licensed broker, brokerage, or	91729
salesperson shall file, on or before the date the Ohio real estate	91730
commission has adopted by rule for that licensee in accordance	91731
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	91732
notice of renewal on a form prescribed by the superintendent of	91733
real estate. The notice of renewal shall be mailed by the	91734
superintendent two months prior to the filing deadline to the ~~most~~	91735
~~current~~ personal residence address of each broker or salesperson	91736
~~as filed with the superintendent by the licensee and the place of~~	91737
~~business address of the brokerage~~that is on file with the	91738
division. If the licensee is a partnership, association, limited	91739
liability company, limited liability partnership, or corporation,	91740
the notice of renewal shall be mailed by the superintendent two	91741
months prior to the filing deadline to the brokerage's business	91742
address on file with the division. A licensee shall not renew the	91743
licensee's license any earlier than two months prior to the	91744
filing deadline.	91745

(C) Except as otherwise provided in division (B) of this	91746
section, the license of any real estate broker, brokerage, or	91747
salesperson that fails to file a notice of renewal on or before	91748
the filing deadline of each ensuing year shall be suspended	91749
automatically without the taking of any action by the	91750
superintendent. A suspended license may be reactivated within	91751
twelve months of the date of suspension, provided that the renewal	91752
fee plus a penalty fee of fifty per cent of the renewal fee is	91753
paid to the superintendent. Failure to reactivate the license as	91754
provided in this division shall result in automatic revocation of	91755
the license without the taking of any action by the	91756
superintendent. No person, partnership, association, corporation,	91757
limited liability company, or limited partnership shall engage in	91758
any act or acts for which a real estate license is required while	91759
that entity's license is placed in an inactive, voluntary hold, or	91760
resigned status, or is suspended, or revoked. The commission shall	91761
adopt rules in accordance with Chapter 119. of the Revised Code to	91762
provide to licensees notice of suspension or revocation or both.	91763

(D) Each licensee shall notify the commission of a change in	91764
personal residence address. A licensee's failure to notify the	91765
commission of a change in personal residence address does not	91766
negate the requirement to file the license renewal by the required	91767
deadline established by the commission by rule under division	91768
(A)(2)(f) of section 4735.10 of the Revised Code.	91769

(E) The superintendent shall not renew a license if the	91770
licensee fails to comply with section 4735.141 of the Revised Code	91771
or is otherwise not in compliance with this chapter.	91772

(F) The superintendent shall make notice of successful	91773
renewal available electronically to licensees as soon as	91774
practicable, but not later than thirty days after receipt by the	91775
division of a complete application and renewal fee. This notice	91776
shall serve as a notice of renewal for purposes of section 4745.02	91777
of the Revised Code.	91778

Sec. 4735.141. (A) Except as otherwise provided in this	91779
division and except for a licensee who has placed the licensee's	91780
license on voluntary hold or resigned status pursuant to section	91781
4735.142 of the Revised Code, each person licensed under section	91782
4735.07 or 4735.09 of the Revised Code shall submit proof	91783
satisfactory to the superintendent of real estate that the	91784
licensee has satisfactorily completed thirty hours of continuing	91785
education, as prescribed by the Ohio real estate commission	91786
pursuant to section 4735.10 of the Revised Code, on or before the	91787
licensee's birthday occurring three years after the licensee's	91788
date of initial licensure, and on or before the licensee's	91789
birthday every three years thereafter.	91790

Persons licensed as real estate salespersons who subsequently	91791
become licensed real estate brokers shall continue to submit proof	91792
of continuing education in accordance with the time period	91793
established in this section.	91794

The requirements of this section shall not apply to any	91795
~~physically handicapped~~disabled licensee as provided in division	91796
(E) of this section.	91797

Each licensee who is seventy years of age or older, within a	91798
continuing education reporting period, shall submit proof	91799
satisfactory to the superintendent of real estate that the	91800
licensee has satisfactorily completed a total of nine classroom	91801
hours of continuing education, including instruction in Ohio real	91802
estate law; recently enacted state and federal laws affecting the	91803
real estate industry; municipal, state, and federal civil rights	91804
law; and canons of ethics for the real estate industry as adopted	91805
by the commission. The required proof of completion shall be	91806
submitted on or before the licensee's birthday that falls in the	91807
third year of that continuing education reporting period. A	91808
licensee who is seventy years of age or older whose license is in	91809
an inactive status is exempt from the continuing education	91810
requirements specified in this section. The commission shall adopt	91811
reasonable rules in accordance with Chapter 119. of the Revised	91812
Code to carry out the purposes of this paragraph.	91813

(B) The continuing education requirements of this section	91814
shall be completed in schools, seminars, and educational	91815
institutions approved by the commission. Such approval shall be	91816
given according to rules established by the commission under the	91817
procedures of Chapter 119. of the Revised Code, and shall not be	91818
limited to institutions providing two-year or four-year degrees.	91819
Each school, seminar, or educational institution approved under	91820
this division shall be open to all licensees on an equal basis.	91821

(C) If the requirements of this section are not met by a	91822
licensee within the period specified, the licensee's license shall	91823
be suspended automatically without the taking of any action by the	91824
superintendent. The superintendent shall notify the licensee of	91825
the license suspension, and such notification shall be sent by	91826
regular mail to the personal residence address of the licensee	91827
that is on file with the division. Any license so suspended shall	91828
remain suspended until it is reactivated by the superintendent. No	91829
such license shall be reactivated until it is established, to the	91830
satisfaction of the superintendent, that the requirements of this	91831
section have been met. If the requirements of this section are not	91832
met within twelve months from the date the license was suspended,	91833
the license shall be revoked automatically without the taking of	91834
any action by the superintendent.	91835

(D) If the license of a real estate broker is suspended	91836
pursuant to division (C) of this section, the license of a real	91837
estate salesperson associated with that broker correspondingly is	91838
suspended pursuant to division (H) of section 4735.20 of the	91839
Revised Code. ~~However, the~~A sole broker shall notify affiliated	91840
salespersons of the suspension in writing within three days of	91841
receiving the notice required by division (C) of this section.	91842

(1) The suspended license of the associated real estate	91843
salesperson shall be reactivated and no fee shall be charged or	91844
collected for that reactivation if ~~all of the following occur:~~	91845

~~(1) That~~that broker subsequently submits proof to the	91846
superintendent that the broker has complied with the requirements	91847
of this section and requests that the broker's license as a real	91848
estate broker be reactivated.	91849

~~(2) The~~, and the superintendent then reactivates the broker's	91850
license as a real estate broker.	91851

~~(3) The associated real estate salesperson intends to~~	91852
~~continue to be associated with that broker, has complied with the~~	91853
~~requirements of this section, and otherwise is in compliance with~~	91854
~~this chapter.~~	91855

(2) If the real estate salesperson submits an application to	91856
leave the association of the suspended broker in order to	91857
associate with a different broker, the suspended license of the	91858
associated real estate salesperson shall be reactivated and no fee	91859
shall be charged or collected for that reactivation. The	91860
superintendent may process the application regardless of whether	91861
the licensee's license is returned to the superintendent.	91862

Any person whose license is reactivated pursuant to this	91863
division shall ~~submit proof satisfactory to the superintendent~~	91864
~~that the person has completed thirty hours of continuing~~	91865
~~education, as prescribed by the Ohio real estate commission, on or~~	91866
~~before the third year following the licensee's birthday occurring~~	91867
~~immediately after reactivation~~comply with the requirements of	91868
this section and otherwise be in compliance with this chapter.	91869

(E) Any licensee who is a ~~physically handicapped~~disabled	91870
licensee at any time during the last three months of the third	91871
year of the licensee's continuing education reporting period may	91872
receive an extension of time as deemed appropriate by the	91873
superintendent to submit proof to the superintendent that the	91874
licensee has satisfactorily completed the required thirty hours of	91875
continuing education. To receive an extension of time, the	91876
licensee shall submit a request to the division of real estate for	91877
the extension and proof satisfactory to the commission that the	91878
licensee was a ~~physically handicapped~~disabled licensee at some	91879
time during the last three months of the three-year reporting	91880
period. The proof shall include, but is not limited to, a signed	91881
statement by the licensee's attending physician describing the	91882
~~physical~~ disability, certifying that the licensee's disability is	91883
of such a nature as to prevent the licensee from attending any	91884
instruction lasting at least three hours in duration, and stating	91885
the expected duration of the ~~physical~~ disability. The licensee	91886
shall request the extension and provide the physician's statement	91887
to the division no later than one month prior to the end of the	91888
licensee's three-year continuing education reporting period,	91889
unless the ~~physical~~ disability did not arise until the last month	91890
of the three-year reporting period, in which event the licensee	91891
shall request the extension and provide the physician's statement	91892
as soon as practical after the occurrence of the ~~physical~~	91893
disability. A licensee granted an extension pursuant to this	91894
division who is no longer a ~~physically handicapped~~disabled	91895
licensee and who submits proof of completion of the continuing	91896
education during the extension period, shall submit, for future	91897
continuing education reporting periods, proof of completion of the	91898
continuing education requirements according to the schedule	91899
established in division (A) of this section.	91900

(F) The superintendent shall not renew a license if the	91901
licensee fails to comply with this section, and the licensee shall	91902
be required to pay the penalty fee provided in section 4735.14 of	91903
the Revised Code.	91904

(G) A licensee shall submit proof of completion of the	91905
required continuing education with the licensee's notice of	91906
renewal. The proof shall be submitted in the manner provided by	91907
the superintendent.	91908

Sec. 4735.142. (A) Any person licensed under section 4735.07	91909
or 4735.09 of the Revised Code, at any time prior to the date the	91910
licensee is required to file a notice of renewal pursuant to	91911
division (B) of section 4735.14 of the Revised Code may apply to	91912
the superintendent of real estate and professional licensing to	91913
place the licensee's license on voluntary hold or a resigned	91914
status.	91915

(B) If the superintendent has placed a license on voluntary	91916
hold pursuant to a request made under division (A) of this	91917
section, the licensee who requested that the licensee's license be	91918
placed on voluntary hold may apply to the superintendent to	91919
reactivate that license within twelve months after the date the	91920
license is placed on voluntary hold. The superintendent shall	91921
reactivate that license if the licensee complies with the	91922
requirements for such reactivation that are specified in rules	91923
adopted by the Ohio real estate commission pursuant to division	91924
(A) of section 4735.10 of the Revised Code and satisfies all of	91925
the following requirements:	91926

(1) The licensee complies with the postlicensure education	91927
requirements specified in section 4735.07 or 4735.09 of the	91928
Revised Code, as applicable;	91929

(2) The licensee complies with the continuing education	91930
requirements specified in section 4735.141 of the Revised Code;	91931

(3) The licensee renews the licensee's license in accordance	91932
with section 4735.14 of the Revised Code and, if applicable, pays	91933
the annual brokerage assessment fee in accordance with the	91934
requirements specified in rules adopted by the commission.	91935

(C) If a licensee does not apply to reactivate a license on	91936
voluntary hold pursuant to division (B) of this section during the	91937
twelve-month time period specified in that division or does not	91938
satisfy the requirements specified in that division during that	91939
twelve-month period, the superintendent shall consider that	91940
license to be in a resigned status. The superintendent shall not	91941
reactivate a resigned license. The resignation of a license is	91942
considered to be final without the taking of any action by the	91943
superintendent. If a person whose license is in a resigned status	91944
pursuant to this division wishes to obtain an active license, the	91945
person shall apply for an active license in accordance with the	91946
requirements specified in section 4735.07 or 4735.09 of the	91947
Revised Code, as applicable.	91948

(D) A licensee, at any time during which a license has been	91949
suspended pursuant to division (G) of section 4735.07, division	91950
~~(G)~~(H) of section 4735.09, division (E) of section 4735.12,	91951
division (C) of section 4735.14, division (C) of section 4735.141,	91952
or section 4735.182 of the Revised Code, may apply to the	91953
superintendent on a form prescribed by the superintendent to	91954
voluntarily resign the licensee's license. The resignation of a	91955
license is considered to be final without the taking of any action	91956
by the superintendent. If a person whose license is in a resigned	91957
status pursuant to a request made under this division wishes to	91958
obtain an active or inactive license, the person shall apply for	91959
such a license in accordance with the requirements specified in	91960
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	91961
in the rules adopted by the commission pursuant to division (A) of	91962
section 4735.10 of the Revised Code.	91963

(E) If placing a broker's license on voluntary hold or a	91964
resigned status will result in the closure of the broker's	91965
brokerage, the broker, within three days after applying to the	91966
superintendent to place the license on voluntary hold or a	91967
resigned status, shall provide to each salesperson associated with	91968
that broker a written notice stating that fact.	91969

(F) This section does not apply to any licensee whose license	91970
has been suspended pursuant to division (F) of section 4735.181 of	91971
the Revised Code or due to disciplinary action ordered by the	91972
commission pursuant to section 4735.051 of the Revised Code.	91973

Sec. 4735.15. (A) The nonrefundable fees for reactivation or	91974
transfer of a license shall be as follows:	91975

(1) Reactivation or transfer of a broker's license into or	91976
out of a partnership, association, limited liability company,	91977
limited liability partnership, or corporation or from one	91978
partnership, association, limited liability company, limited	91979
liability partnership, or corporation to another partnership,	91980
association, limited liability company, limited liability	91981
partnership, or corporation, twenty-five dollars. An application	91982
for such transfer shall be made to the superintendent of real	91983
estate on forms provided by the superintendent.	91984

(2) Reactivation or transfer of a license by a real estate	91985
salesperson, twenty-five dollars.	91986

(B) Except as may otherwise be specified pursuant to division	91987
(F) of this section, the nonrefundable fees for a branch office	91988
license, license renewal, late filing, and foreign real estate	91989
dealer and salesperson license are as follows per year for each	91990
year of a licensing period:	91991

(1) Branch office license, fifteen dollars;

91992

(2) Renewal of a real estate broker's license, sixty dollars.	91993
If the licensee is a partnership, association, limited liability	91994
company, limited liability partnership, or corporation, the full	91995
broker's renewal fee shall be required for each member of such	91996
partnership, association, limited liability company, limited	91997
liability partnership, or corporation that is a real estate	91998
broker. If the real estate broker has not less than eleven nor	91999
more than twenty real estate salespersons associated with the	92000
broker, an additional fee of sixty-four dollars shall be assessed	92001
to the brokerage. For every additional ten real estate	92002
salespersons or fraction of that number, the brokerage assessment	92003
fee shall be increased in the amount of thirty-seven dollars.	92004

(3) Renewal of a real estate salesperson's license,	92005
forty-five dollars;	92006

(4) Renewal of a real estate broker's or salesperson's	92007
license filed within twelve months after the licensee's renewal	92008
date, an additional late filing penalty of fifty per cent of the	92009
required fee;	92010

(5) Foreign real estate dealer's license and each renewal of	92011
the license, thirty dollars per salesperson employed by the	92012
dealer, but not less than one hundred fifty dollars;	92013

(6) Foreign real estate salesperson's license and each	92014
renewal of the license, fifty dollars.	92015

(C) All fees collected under this section shall be paid to	92016
the treasurer of state. One dollar of each such fee shall be	92017
credited to the real estate education and research fund, except	92018
that for fees that are assessed only once every three years, three	92019
dollars of each triennial fee shall be credited to the real estate	92020
education and research fund.	92021

(D) In all cases, the fee and any penalty shall accompany the	92022
application for the license, license transfer, or license	92023
reactivation or shall accompany the filing of the renewal.	92024

(E) The commission may establish by rule reasonable fees for	92025
services not otherwise established by this chapter.	92026

(F) The commission may adopt rules that provide for a	92027
reduction in the fees established in divisions (B)(2) and (3) of	92028
this section.	92029

Sec. 4735.16. (A) Every real estate broker licensed under	92030
this chapter ~~shall have and maintain a definite place of business~~	92031
~~in this state and~~ shall erect or maintain a sign on the business	92032
premises plainly stating that the licensee is a real estate	92033
broker. If the real estate broker maintains one or more branch	92034
offices, the real estate broker shall erect or maintain a sign at	92035
each branch office plainly stating that the licensee is a real	92036
estate broker.	92037

(B)(1) Any licensed real estate broker or salesperson who	92038
advertises to buy, sell, exchange, or lease real estate, or to	92039
engage in any act regulated by this chapter, ~~including, but not~~	92040
~~limited to, any licensed real estate broker or salesperson who~~	92041
~~advertises to sell, exchange, or lease real estate that the~~	92042
~~licensee owns~~with respect to property the licensee does not own,	92043
shall be identified in the advertisement by name and ~~by indicating~~	92044
~~that the licensee is a real estate broker or real estate~~	92045
~~salesperson. Except a real estate salesperson who advertises the~~	92046
~~sale, exchange, or lease of real estate that the salesperson owns~~	92047
~~and that is not listed for sale, exchange, or lease with a real~~	92048
~~estate broker, any real estate salesperson who advertises, as~~	92049
~~provided in this section, also shall indicate in the advertisement~~	92050
~~the name of the broker under whom the salesperson is licensed and~~	92051
~~the fact that the salesperson's broker is a real estate broker.~~	92052
~~The name of the broker shall be displayed in equal prominence with~~	92053
~~the name of the salesperson in the advertisement~~indicate the	92054
name of the brokerage with which the licensee is affiliated.	92055

(2) Any licensed real estate broker or sales person who	92056
advertises to sell, exchange, or lease real estate, or to engage	92057
in any act regulated by this chapter, with respect to property	92058
that the licensee owns, shall be identified in the advertisement	92059
by name and indicate that the property is agent owned, and if the	92060
property is listed with a real estate brokerage, the advertisement	92061
shall also indicate the name of the brokerage with which the	92062
property is listed.	92063

(3) The name of the brokerage shall be displayed in equal	92064
prominence with the name of the salesperson in the advertisement.	92065
For purposes of this section, "brokerage" means the name the real	92066
estate company or sole broker is doing business as, or if the real	92067
estate company or sole broker does not use such a name, the name	92068
of the real estate company or sole broker as licensed.	92069

(4) A real estate broker who is representing a seller under	92070
an exclusive right to sell or lease listing agreement shall not	92071
advertise such property to the public as "for sale by owner" or	92072
otherwise mislead the public to believe that the seller is not	92073
represented by a real estate broker.	92074

~~(3)~~(5) If any real estate broker or real estate salesperson	92075
advertises in a manner other than as provided in this section or	92076
the rules adopted under this section, that advertisement is	92077
prima-facie evidence of a violation under division (A)(21) of	92078
section 4735.18 of the Revised Code.	92079

When the superintendent determines that prima-facie evidence	92080
of a violation of division (A)(21) of section 4735.18 of the	92081
Revised Code or any of the rules adopted thereunder exists, the	92082
superintendent may do either of the following:	92083

(a) Initiate disciplinary action under section 4735.051 of	92084
the Revised Code for a violation of division (A)(21) of section	92085
4735.18 of the Revised Code, in accordance with Chapter 119. of	92086
the Revised Code;	92087

(b) Personally, or by certified mail, serve a citation upon	92088
the licensee.	92089

(C)(1) Every citation served under this section shall give	92090
notice to the licensee of the alleged violation or violations	92091
charged and inform the licensee of the opportunity to request a	92092
hearing in accordance with Chapter 119. of the Revised Code. The	92093
citation also shall contain a statement of a fine of two hundred	92094
dollars per violation, not to exceed two thousand five hundred	92095
dollars per citation. All fines collected pursuant to this section	92096
shall be credited to the real estate recovery fund, created in the	92097
state treasury under section 4735.12 of the Revised Code.	92098

(2) If any licensee is cited three times within twelve	92099
consecutive months, the superintendent shall initiate disciplinary	92100
action pursuant to section 4735.051 of the Revised Code for any	92101
subsequent violation that occurs within the same twelve-month	92102
period.	92103

(3) If a licensee fails to request a hearing within thirty	92104
days of the date of service of the citation, or the licensee and	92105
the superintendent fail to reach an alternative agreement, the	92106
citation shall become final.	92107

(4) Unless otherwise indicated, the licensee named in a final	92108
citation must meet all requirements contained in the final	92109
citation within thirty days of the effective date of that	92110
citation.	92111

(5) The superintendent shall suspend automatically a	92112
licensee's license if the licensee fails to comply with division	92113
(C)(4) of this section.	92114

(D) A real estate broker or salesperson obtaining the	92115
signature of a party to a listing or other agreement involved in a	92116
real estate transaction shall furnish a copy of the listing or	92117
other agreement to the party immediately after obtaining the	92118
party's signature. Every broker's office shall prominently display	92119
in the same immediate area as licenses are displayed a statement	92120
that it is illegal to discriminate against any person because of	92121
race, color, religion, sex, familial status as defined in section	92122
4112.01 of the Revised Code, national origin, military status as	92123
defined in that section, disability as defined in that section, or	92124
ancestry in the sale or rental of housing or residential lots, in	92125
advertising the sale or rental of housing, in the financing of	92126
housing, or in the provision of real estate brokerage services and	92127
that blockbusting also is illegal. The statement shall bear the	92128
United States department of housing and urban development equal	92129
housing logo, shall contain the information that the broker and	92130
the broker's salespersons are licensed by the division of real	92131
estate and professional licensing and that the division can assist	92132
with any consumer complaints or inquiries, and shall explain the	92133
provisions of section 4735.12 of the Revised Code. The statement	92134
shall provide the division's address and telephone number. The	92135
Ohio real estate commission shall provide by rule for the wording	92136
and size of the statement. The pamphlet required under section	92137
4735.03 of the Revised Code shall contain the same statement that	92138
is required on the statement displayed as provided in this section	92139
and shall be made available by real estate brokers and	92140
salespersons to their clients. The commission shall provide the	92141
wording and size of the pamphlet.	92142

Sec. 4735.17. Licenses may be issued under sections 4735.01	92143
to 4735.23 of the Revised Code, to nonresidents of this state and	92144
to foreign corporations, subject to the following additional	92145
requirements:	92146

(A) The licensee, if a broker, shall maintain an active place	92147
of business in this state. A post office box is not an active	92148
place of business for purposes of this section.	92149

(B) Every nonresident applicant shall file an irrevocable	92150
consent that suits and actions may be commenced against such	92151
applicant in the proper court of any county of this state in which	92152
a cause of action may arise or in which the plaintiff may reside	92153
by the service of any process or pleading authorized by the laws	92154
of this state on the superintendent of real estate. The consent	92155
shall stipulate that such service shall be taken and held in all	92156
courts as valid and binding as if proper service had been made	92157
upon the applicant in this state. The instrument containing such	92158
consent shall be authenticated by signature or by corporate seal.	92159
All applications of firms or corporations shall be accompanied by	92160
a certified copy of the resolution of the proper officers or	92161
managing board authorizing the proper officer to execute them. A	92162
duplicate copy of any process or pleading served on the	92163
superintendent shall be immediately forwarded by certified mail to	92164
the main office of the licensee against which that process or	92165
pleading is directed.	92166

Sec. 4735.18. (A) Subject to section 4735.32 of the Revised	92167
Code, the superintendent of real estate, upon the superintendent's	92168
own motion, may investigate the conduct of any licensee. Subject	92169
to section 4735.32 of the Revised Code, the Ohio real estate	92170
commission shall~~, pursuant to section 4735.051 of the Revised~~	92171
~~Code,~~ impose disciplinary sanctions upon any licensee who, whether	92172
or not acting in the licensee's capacity as a real estate broker	92173
or salesperson, or in handling the licensee's own property, is	92174
found to have been convicted of a felony or a crime of moral	92175
turpitude, and ~~shall, pursuant to section 4735.051 of the Revised~~	92176
~~Code,~~may impose disciplinary sanctions upon any licensee who, in	92177
the licensee's capacity as a real estate broker or salesperson, or	92178
in handling the licensee's own property, is found guilty of:	92179

(1) Knowingly making any misrepresentation;

92180

(2) Making any false promises with intent to influence,	92181
persuade, or induce;	92182

(3) A continued course of misrepresentation or the making of	92183
false promises through agents, salespersons, advertising, or	92184
otherwise;	92185

(4) Acting for more than one party in a transaction except as	92186
permitted by and in compliance with section 4735.71 of the Revised	92187
Code;	92188

(5) Failure within a reasonable time to account for or to	92189
remit any money coming into the licensee's possession which	92190
belongs to others;	92191

(6) Dishonest or illegal dealing, gross negligence,	92192
incompetency, or misconduct;	92193

(7)(a) By final adjudication by a court, a violation of any	92194
municipal or federal civil rights law relevant to the protection	92195
of purchasers or sellers of real estate or, by final adjudication	92196
by a court, any unlawful discriminatory practice pertaining to the	92197
purchase or sale of real estate prohibited by Chapter 4112. of the	92198
Revised Code, provided that such violation arose out of a	92199
situation wherein parties were engaged in bona fide efforts to	92200
purchase, sell, or lease real estate, in the licensee's practice	92201
as a licensed real estate broker or salesperson;	92202

(b) A second or subsequent violation of any unlawful	92203
discriminatory practice pertaining to the purchase or sale of real	92204
estate prohibited by Chapter 4112. of the Revised Code or any	92205
second or subsequent violation of municipal or federal civil	92206
rights laws relevant to purchasing or selling real estate whether	92207
or not there has been a final adjudication by a court, provided	92208
that such violation arose out of a situation wherein parties were	92209
engaged in bona fide efforts to purchase, sell, or lease real	92210
estate. For any second offense under this division, the commission	92211
shall suspend for a minimum of two months or revoke the license of	92212
the broker or salesperson. For any subsequent offense, the	92213
commission shall revoke the license of the broker or salesperson.	92214

(8) Procuring a license under this chapter, for the licensee	92215
or any salesperson by fraud, misrepresentation, or deceit;	92216

(9) Having violated or failed to comply with any provision of	92217
sections 4735.51 to 4735.74 of the Revised Code or having	92218
willfully disregarded or violated any other provisions of this	92219
chapter;	92220

(10) As a real estate broker, having demanded, without	92221
reasonable cause, other than from a broker licensed under this	92222
chapter, a commission to which the licensee is not entitled, or,	92223
as a real estate salesperson, having demanded, without reasonable	92224
cause, a commission to which the licensee is not entitled;	92225

(11) Except as permitted under section 4735.20 of the Revised	92226
Code, having paid commissions or fees to, or divided commissions	92227
or fees with, anyone not licensed as a real estate broker or	92228
salesperson under this chapter or anyone not operating as an	92229
out-of-state commercial real estate broker or salesperson under	92230
section 4735.022 of the Revised Code;	92231

(12) Having falsely represented membership in any real estate	92232
professional association of which the licensee is not a member;	92233

(13) Having accepted, given, or charged any undisclosed	92234
commission, rebate, or direct profit on expenditures made for a	92235
principal;	92236

(14) Having offered anything of value other than the	92237
consideration recited in the sales contract as an inducement to a	92238
person to enter into a contract for the purchase or sale of real	92239
estate or having offered real estate or the improvements on real	92240
estate as a prize in a lottery or scheme of chance;	92241

(15) Having acted in the dual capacity of real estate broker	92242
and undisclosed principal, or real estate salesperson and	92243
undisclosed principal, in any transaction;	92244

(16) Having guaranteed, authorized, or permitted any person	92245
to guarantee future profits which may result from the resale of	92246
real property;	92247

(17) Having advertised or placed a sign on any property	92248
offering it for sale or for rent without the consent of the owner	92249
or the owner's authorized agent;	92250

(18) Having induced any party to a contract of sale or lease	92251
to break such contract for the purpose of substituting in lieu of	92252
it a new contract with another principal;	92253

(19) Having negotiated the sale, exchange, or lease of any	92254
real property directly with a seller, purchaser, lessor, or tenant	92255
knowing that such seller, purchaser, lessor, or tenant is	92256
represented by another broker under a written exclusive agency	92257
agreement, exclusive right to sell or lease listing agreement, or	92258
exclusive purchaser agency agreement with respect to such property	92259
except as provided for in section 4735.75 of the Revised Code;	92260

(20) Having offered real property for sale or for lease	92261
without the knowledge and consent of the owner or the owner's	92262
authorized agent, or on any terms other than those authorized by	92263
the owner or the owner's authorized agent;	92264

(21) Having published advertising, whether printed, radio,	92265
display, or of any other nature, which was misleading or	92266
inaccurate in any material particular, or in any way having	92267
misrepresented any properties, terms, values, policies, or	92268
services of the business conducted;	92269

(22) Having knowingly withheld from or inserted in any	92270
statement of account or invoice any statement that made it	92271
inaccurate in any material particular;	92272

(23) Having published or circulated unjustified or	92273
unwarranted threats of legal proceedings which tended to or had	92274
the effect of harassing competitors or intimidating their	92275
customers;	92276

(24) Having failed to keep complete and accurate records of	92277
all transactions for a period of three years from the date of the	92278
transaction, such records to include copies of listing forms,	92279
earnest money receipts, offers to purchase and acceptances of	92280
them, records of receipts and disbursements of all funds received	92281
by the licensee as broker and incident to the licensee's	92282
transactions as such, and records required pursuant to divisions	92283
(C)(4) and (5) of section 4735.20 of the Revised Code, and any	92284
other instruments or papers related to the performance of any of	92285
the acts set forth in the definition of a real estate broker;	92286

(25) Failure of a real estate broker or salesperson to	92287
furnish all parties involved in a real estate transaction true	92288
copies of all listings and other agreements to which they are a	92289
party, at the time each party signs them;	92290

(26) Failure to maintain at all times a special or trust bank	92291
account in a depository located in this state. The account shall	92292
be noninterest-bearing, separate and distinct from any personal or	92293
other account of the broker, and, except as provided in division	92294
(A)(27) of this section, shall be used for the deposit and	92295
maintenance of all escrow funds, security deposits, and other	92296
moneys received by the broker in a fiduciary capacity. The name,	92297
account number, if any, and location of the depository wherein	92298
such special or trust account is maintained shall be submitted in	92299
writing to the superintendent. Checks drawn on such special or	92300
trust bank accounts are deemed to meet the conditions imposed by	92301
section 1349.21 of the Revised Code. Funds deposited in the trust	92302
or special account in connection with a purchase agreement shall	92303
be maintained in accordance with section 4735.24 of the Revised	92304
Code.	92305

(27) Failure to maintain at all times a special or trust bank	92306
account in a depository in this state, to be used exclusively for	92307
the deposit and maintenance of all rents, security deposits,	92308
escrow funds, and other moneys received by the broker in a	92309
fiduciary capacity in the course of managing real property. This	92310
account shall be separate and distinct from any other account	92311
maintained by the broker. The name, account number, and location	92312
of the depository shall be submitted in writing to the	92313
superintendent. This account may earn interest, which shall be	92314
paid to the property owners on a pro rata basis.	92315

Division (A)(27) of this section does not apply to brokers	92316
who are not engaged in the management of real property on behalf	92317
of real property owners.	92318

(28) Having failed to put definite expiration dates in all	92319
written agency agreements to which the broker is a party;	92320

(29) Having an unsatisfied final judgment or lien in any	92321
court of record against the licensee arising out of the licensee's	92322
conduct as a licensed broker or salesperson;	92323

(30) Failing to render promptly upon demand a full and	92324
complete statement of the expenditures by the broker or	92325
salesperson of funds advanced by or on behalf of a party to a real	92326
estate transaction to the broker or salesperson for the purpose of	92327
performing duties as a licensee under this chapter in conjunction	92328
with the real estate transaction;	92329

(31) Failure within a reasonable time, after the receipt of	92330
the commission by the broker, to render an accounting to and pay a	92331
real estate salesperson the salesperson's earned share of it;	92332

(32) Performing any service for another constituting the	92333
practice of law, as determined by any court of law;	92334

(33) Having been adjudicated incompetent for the purpose of	92335
holding the license by a court, as provided in section 5122.301 of	92336
the Revised Code. A license revoked or suspended under this	92337
division shall be reactivated upon proof to the commission of the	92338
removal of the disability.	92339

(34) Having authorized or permitted a person to act as an	92340
agent in the capacity of a real estate broker, or a real estate	92341
salesperson, who was not then licensed as a real estate broker or	92342
real estate salesperson under this chapter or who was not then	92343
operating as an out-of-state commercial real estate broker or	92344
salesperson under section 4735.022 of the Revised Code;	92345

(35) Having knowingly inserted or participated in inserting	92346
any materially inaccurate term in a document, including naming a	92347
false consideration;	92348

(36) Having failed to inform the licensee's client of the	92349
existence of an offer or counteroffer or having failed to present	92350
an offer or counteroffer in a timely manner, unless otherwise	92351
instructed by the client, provided the instruction of the client	92352
does not conflict with any state or federal law;	92353

(37) Having failed to comply with section 4735.24 of the	92354
Revised Code.	92355

(B) Whenever the commission, pursuant to section 4735.051 of	92356
the Revised Code, imposes disciplinary sanctions for any violation	92357
of this section, the commission also may impose such sanctions	92358
upon the broker with whom the salesperson is affiliated if the	92359
commission finds that the broker had knowledge of the	92360
salesperson's actions that violated this section.	92361

(C) The commission shall, pursuant to section 4735.051 of the	92362
Revised Code, impose disciplinary sanctions upon any foreign real	92363
estate dealer or salesperson who, in that capacity or in handling	92364
the dealer's or salesperson's own property, is found guilty of any	92365
of the acts or omissions specified or comprehended in division (A)	92366
of this section insofar as the acts or omissions pertain to	92367
foreign real estate. If the commission imposes such sanctions upon	92368
a foreign real estate salesperson for a violation of this section,	92369
the commission also may suspend or revoke the license of the	92370
foreign real estate dealer with whom the salesperson is affiliated	92371
if the commission finds that the dealer had knowledge of the	92372
salesperson's actions that violated this section.	92373

(D) The commission may suspend, in whole or in part, the	92374
imposition of the penalty of suspension of a license under this	92375
section.	92376

~~(E) The commission immediately shall notify the real estate~~	92377
~~appraiser board of any disciplinary action taken under this~~	92378
~~section against a licensee who also is a state-certified real~~	92379
~~estate appraiser under Chapter 4763. of the Revised Code.~~	92380

Sec. 4735.181. (A) No real estate broker or salesperson	92381
licensed pursuant to this chapter shall fail to comply with	92382
divisions (B) or (D) of section 4735.13, division (D) of section	92383
4735.14, or sections 4735.55, 4735.56, and 4735.58 of the Revised	92384
Code or any rules adopted under those divisions or sections.	92385

(B) When the superintendent determines that a licensee has	92386
violated division (A) of this section, the superintendent may do	92387
either of the following:	92388

(1) Initiate disciplinary action under section 4735.051 of	92389
the Revised Code, in accordance with Chapter 119. of the Revised	92390
Code;	92391

(2) Personally, or by certified mail, serve a citation and	92392
impose sanctions in accordance with this section upon the	92393
licensee.	92394

(C) Every citation served under this section shall give	92395
notice to the licensee of the alleged violation or violations	92396
charged and inform the licensee of the opportunity to request a	92397
hearing in accordance with Chapter 119. of the Revised Code. The	92398
citation also shall contain a statement of a fine of up to two	92399
hundred dollars per violation. All fines collected pursuant to	92400
this section shall be credited to the real estate recovery fund,	92401
created in the state treasury under section 4735.12 of the Revised	92402
Code.	92403

(D) If any licensee is cited three times under this section	92404
within twelve consecutive months, the superintendent shall	92405
initiate disciplinary action pursuant to section 4735.051 of the	92406
Revised Code for any subsequent violation that occurs within the	92407
same twelve-month period.	92408

If a licensee fails to request a hearing within thirty days	92409
after the date of service of the citation, or the licensee and the	92410
superintendent fail to reach an alternative agreement, the	92411
citation shall become final.	92412

(E) Unless otherwise indicated, the licensee named in a final	92413
citation under this section must meet all requirements contained	92414
in the final citation within thirty days after the effective date	92415
of that citation.	92416

(F) The superintendent shall suspend automatically a	92417
licensee's license if the licensee fails to comply with division	92418
(E) of this section.	92419

Sec. 4735.182. If a check or other draft instrument used to	92420
pay any fee required under this chapter is returned to the	92421
superintendent ~~for insufficient funds~~unpaid by the financial	92422
institution upon which it is drawn for any reason, the	92423
superintendent shall notify the ~~licensee~~entity or person that the	92424
check or other draft instrument was returned for insufficient	92425
funds ~~and~~.	92426

(A) If the check or draft instrument was submitted by a	92427
licensee, the superintendent shall also notify the licensee that	92428
the licensee's license will be suspended unless the licensee,	92429
within fifteen days after the mailing of the notice, submits the	92430
fee and a one-hundred-dollar fee to the superintendent. If the	92431
licensee does not submit both fees within that time period, or if	92432
any check or other draft instrument used to pay either of those	92433
fees is returned to the superintendent ~~for insufficient funds~~	92434
unpaid by the financial institution upon which it is drawn for any	92435
reason, the license shall be suspended immediately without a	92436
hearing and the licensee shall cease activity as a licensee under	92437
this chapter.	92438

(B) If the check or draft instrument was remitted by a person	92439
or entity applying to qualify foreign real estate or renew a	92440
property registration, the superintendent shall also notify the	92441
applicant that registration will be suspended, unless the	92442
applicant, within fifteen days after the mailing of the notice,	92443
submits the fee and a one-hundred-dollar fee to the	92444
superintendent. If the applicant does not submit both fees within	92445
that time period, or if any check or other draft instrument used	92446
to pay either of the fees is returned to the superintendent unpaid	92447
by the financial institution upon which it is drawn for any	92448
reason, the property registration shall be suspended immediately	92449
without a hearing and the applicant shall cease activity.	92450

(C) If the check or draft instrument was remitted by an	92451
applicant for licensure, that application shall automatically be	92452
rejected or approval withdrawn, unless the applicant, within	92453
fifteen days after the mailing of the notice, submits the fee and	92454
a one-hundred-dollar fee to the superintendent. If the applicant	92455
does not submit both fees within that time period, or if any check	92456
or other draft instrument used to pay either of those fees is	92457
returned to the superintendent unpaid by the financial institution	92458
upon which it is drawn for any reason, the application shall be	92459
denied or approval withdrawn.	92460

(D) If the check or draft instrument was remitted by an	92461
education course provider or course provider applicant, that	92462
application shall automatically be rejected or approval withdrawn,	92463
unless applicant, within fifteen days after the mailing of the	92464
notice, submits the fee and a one-hundred-dollar fee to the	92465
superintendent. If the applicant does not submit both fees within	92466
that time period, or if any check or other draft instrument used	92467
to pay either of those fees is returned to the superintendent	92468
unpaid by the financial institution upon which it is drawn for any	92469
reason, the application shall be denied or approval withdrawn.	92470

Sec. 4735.19. The Ohio real estate commission shall keep a	92471
record of its proceedings and, upon application of an interested	92472
party, or upon its own motion and notice to the interested	92473
parties, may ~~reverse, vacate, or modify~~hold a hearing to consider	92474
reversing, vacating, or modifying its own orders. An application	92475
~~to the commission to reverse, vacate, or modify an order~~ shall be	92476
filed with the division within fifteen days after the mailing of	92477
the notice of the order of the commission to the interested	92478
parties ~~pursuant to section 119.09 of the Revised Code~~. The	92479
commission may adopt rules in accordance with Chapter 119. of the	92480
Revised Code establishing the circumstances in which an interested	92481
party may request reconsideration.	92482

Any applicant~~, licensee,~~ or ~~complainant,~~respondent	92483
dissatisfied with an order of the commission may appeal in	92484
accordance with Chapter 119. of the Revised Code.	92485

Sec. 4735.20. (A) Except as provided in divisions (B), (C),	92486
and (G) of this section, no licensed real estate broker or	92487
licensed foreign real estate dealer shall pay a commission, fee,	92488
or other compensation for performing any of the acts specified in	92489
section 4735.01 of the Revised Code to any person who is not a	92490
licensed real estate broker or a licensed real estate salesperson	92491
or to any person who is not a licensed foreign real estate dealer	92492
or a licensed foreign real estate salesperson.	92493

(B) A licensed real estate broker or licensed foreign real	92494
estate dealer may pay a commission to a licensed real estate	92495
broker or licensed foreign real estate dealer of another state or	92496
country and may receive a commission from a licensed real estate	92497
broker or licensed foreign real estate dealer of another state or	92498
country, but only when done in accordance with rules adopted by	92499
the Ohio real estate commission pursuant to section 4735.10 of the	92500
Revised Code.	92501

(C) A licensed real estate broker may pay all or part of a	92502
fee, commission, or other compensation earned by an affiliated	92503
licensee to a partnership, association, limited liability company,	92504
limited liability partnership, or corporation that is not licensed	92505
as a real estate broker on the condition that all of the following	92506
conditions are satisfied:	92507

(1) At least one of the partners, members, officers, or	92508
shareholders of the unlicensed partnership, association, limited	92509
liability company, limited liability partnership, or corporation	92510
holds a valid and active license issued under this chapter.	92511

(2) At least one of the partners, members, officers, or	92512
shareholders of the unlicensed partnership, association, limited	92513
liability company, limited liability partnership, or corporation	92514
is the affiliated licensee who earned the fee, commission, or	92515
other compensation.	92516

(3) The unlicensed partnership, association, limited	92517
liability company, limited liability partnership, or corporation	92518
does not engage in any of the acts specified in division (A) of	92519
section 4735.01 of the Revised Code.	92520

(4) The broker verifies that the affiliated licensee complies	92521
with divisions (C)(1) and (2) of this section and keeps a record	92522
of this verification for a period of three years after the date of	92523
verification.	92524

(5) The broker keeps a record of all of the following	92525
information for each transaction, for a period of three years	92526
after the date of the transaction:	92527

(a) The name of the affiliated licensee who earned the fee,	92528
commission, or other compensation;	92529

(b) The amount of the fee, commission, or other compensation	92530
that was earned;	92531

(c) The name of the unlicensed partnership, association,	92532
limited liability company, limited liability partnership, or	92533
corporation to which the broker paid the affiliated licensee's	92534
fee, commission, or other compensation.	92535

(D) Compliance with division (C) of this section does not	92536
relieve a broker described in that division of any obligations to	92537
supervise an affiliated licensee, or of any other requirements of	92538
this chapter or rules adopted pursuant to this chapter.	92539

(E) Compliance with division (C) of this section does not	92540
render a broker described in that division or an affiliated	92541
licensee exempt from sections 4735.051, 4735.18, orand 4735.32 of	92542
the Revised Code, or immune from personal liability in a civil	92543
action against the broker or affiliated licensee for a violation	92544
of this chapter.	92545

(F) No broker shall pay a fee, commission, or other	92546
compensation that is due to an affiliated licensee to a	92547
third-party creditor of the affiliated licensee.	92548

(G) Any owner of any interest in foreign real estate may	92549
refer a prospective buyer to the person who sold the owner that	92550
foreign real estate with the expectation of receiving valuable	92551
consideration, if all of the following conditions are satisfied:	92552

(1) The person who sold the owner that foreign real estate is	92553
selling qualified foreign real estate pursuant to section 4735.25	92554
of the Revised Code.	92555

(2) Any fee, commission, or other valuable consideration	92556
promised or collected during any period consisting of twelve	92557
consecutive months does not exceed one thousand dollars.	92558

(3) The owner does not engage in referring prospective buyers	92559
of foreign real estate pursuant to this section in the ordinary	92560
course of business or as a regular business practice.	92561

(4) The owner does not show the foreign real estate, discuss	92562
terms or conditions of purchasing the foreign real estate, or	92563
otherwise participate in negotiations with regard to the offering	92564
or sale of the foreign real estate.	92565

(5) If a foreign real estate transaction is consummated with	92566
a buyer who was referred by the owner to the person who sold the	92567
owner that foreign real estate, the occurrence of the referral	92568
shall be disclosed by the person who sold the owner that foreign	92569
real estate.	92570

(H) The suspension or revocation of a real estate broker's or	92571
foreign real estate dealer's license automatically shall suspend	92572
every real estate salesperson's or foreign real estate	92573
salesperson's license granted to any person by virtue of	92574
association with the broker or dealer whose license has been	92575
suspended or revoked, pending a change of broker or dealer and the	92576
issuance of a new license. Such new license shall be issued	92577
without charges, if granted during the same year in which the	92578
original license was granted.	92579

(I) A violation of this section is cause for imposing	92580
disciplinary sanctions in accordance with the proceedings	92581
specified in sections 4735.051, 4735.18, and 4735.32 of the	92582
Revised Code.	92583

(J) For purposes of this section, "affiliated licensee" means	92584
a person who holds a valid and active license issued under this	92585
chapter and who is associated with the broker that is paying a	92586
fee, commission, or other compensation at the time that that fee,	92587
commission, or other compensation is earned.	92588

Sec. 4735.21. No right of action shall accrue to any person,	92589
partnership, association, or corporation for the collection of	92590
compensation for the performance of the acts mentioned in section	92591
4735.01 of the Revised Code, without alleging and proving that	92592
such person, partnership, association, or corporation was licensed	92593
as a real estate broker or foreign real estate dealer. Nothing	92594
contained in this section shall prevent a right of action from	92595
accruing after the expiration of a real estate or foreign real	92596
estate license if the act giving rise to the cause of action was	92597
performed by a licensee prior to such expiration.	92598

No real estate ~~salesman~~salesperson or foreign real estate	92599
~~salesman~~salesperson shall collect any money in connection with	92600
any real estate or foreign real estate brokerage transaction,	92601
whether as a commission, deposit, payment, rental, or otherwise,	92602
except in the name of and with the consent of the licensed real	92603
estate broker or licensed foreign real estate dealer under whom he	92604
the salesperson is licensed at the time the sales person earned	92605
the commission. Nor shall any real estate ~~salesman~~salesperson or	92606
foreign real estate ~~salesman~~salesperson commence or maintain any	92607
action for a commission or other compensation in connection with a	92608
real estate or foreign real estate brokerage transaction, against	92609
any person except a person licensed as a real estate broker or	92610
foreign real estate dealer under whom hethe salesperson is	92611
licensed as a ~~salesman~~salesperson at the time the cause of action	92612
arose.	92613

A salesperson licensed under this chapter shall not sell,	92614
assign, or otherwise transfer the salesperson's interest in a	92615
commission or any portion thereof to an unlicensed person or	92616
entity. If a salesperson makes such assignment or transfer, the	92617
broker shall not pay the transferee or assignee any portion of the	92618
commission. No cause of action shall arise on behalf of any person	92619
against a broker for not paying an assignee or transferee any	92620
portion of such an assignment or transfer.	92621

Sec. 4735.211. All fines imposed under section 4735.051 of	92622
the Revised Code, and all fees and charges collected under	92623
sections 4735.06, 4735.09, 4735.13, 4735.15, 4735.25, 4735.27,	92624
4735.28, and 4735.29 of the Revised Code, except such fees as are	92625
paid to the real estate education and research fund and real	92626
estate recovery fund as provided in this chapter, shall be paid	92627
into the state treasury to the credit of the division of real	92628
estate operating fund, which is hereby created. All operating	92629
expenses of the division of real estate shall be paid from the	92630
division of real estate operating fund.	92631

The division of real estate operating fund shall be assessed	92632
a proportionate share of the administrative costs of the	92633
department of commerce in accordance with procedures prescribed by	92634
the director of commerce and approved by the director of budget	92635
and management. Such assessments shall be paid from the division	92636
of real estate operating fund to the division of administration	92637
fund.	92638

If funds in the division of real estate operating fund are	92639
determined by the director of commerce to be in excess of those	92640
necessary to fund all the expenses of the division in any	92641
biennium, ~~he shall~~the director may pay the excess funds to the	92642
real estate education and research fund.	92643

Sec. 4735.32. (A)(1) The Ohio real estate commission or the	92644
superintendent of real estate may commence, at any time within	92645
three years from the date on which an alleged violation of a	92646
provision of this or another chapter of the Revised Code occurred,	92647
any investigation that relates to the conduct of a licensed real	92648
estate broker, real estate salesperson, foreign real estate	92649
dealer, or foreign real estate salesperson, that is authorized	92650
pursuant to section 1349.11, 4735.051, 4735.052, or 4735.18, or	92651
any other section of the Revised Code, and that is for purposes of	92652
determining whether ~~the~~a licensee, unlicensed person, or	92653
unlicensed entity has violated a provision of this or another	92654
chapter of the Revised Code and whether, as a consequence, ~~the~~a	92655
licensee's license should be suspended or revoked, or other	92656
disciplinary action taken, as provided in this or another chapter	92657
of the Revised Code. If such an investigation is not commenced	92658
within the three-year period, it shall be barred, and neither the	92659
commission nor the superintendent shall suspend or revoke the	92660
license of any licensee, or take other disciplinary action against	92661
any licensee, unlicensed person, or unlicensed entity because of	92662
the alleged violation of a provision of this or another chapter of	92663
the Revised Code that could have been the subject of the barred	92664
investigation.	92665

(2) For purposes of division (A)(1) of this section, if an	92666
investigation that is authorized by section 4735.051 of the	92667
Revised Code is involved, it shall be considered to be commenced	92668
as of the date on which a person files athe complaint with the	92669
division of real estate ~~pursuant to division (A) of that section~~.	92670

(B) This section does not affect any criminal or civil	92671
liability that a licensed real estate broker, real estate	92672
salesperson, foreign real estate dealer, or foreign real estate	92673
salesperson, or any unlicensed person, may have under this or	92674
another chapter of the Revised Code or under the common law of	92675
this state.	92676

Sec. 4735.55. (A) Each written agency agreement shall	92677
contain all of the following:	92678

(1) An expiration date;

92679

(2) A statement that it is illegal, pursuant to the Ohio fair	92680
housing law, division (H) of section 4112.02 of the Revised Code,	92681
and the federal fair housing law, 42 U.S.C.A. 3601, as amended, to	92682
refuse to sell, transfer, assign, rent, lease, sublease, or	92683
finance housing accommodations, refuse to negotiate for the sale	92684
or rental of housing accommodations, or otherwise deny or make	92685
unavailable housing accommodations because of race, color,	92686
religion, sex, familial status as defined in section 4112.01 of	92687
the Revised Code, ancestry, military status as defined in that	92688
section, disability as defined in that section, or national origin	92689
or to so discriminate in advertising the sale or rental of	92690
housing, in the financing of housing, or in the provision of real	92691
estate brokerage services;	92692

(3) A statement defining the practice known as "blockbusting"	92693
and stating that it is illegal;	92694

(4) A copy of the United States department of housing and	92695
urban development equal housing opportunity logotype, as set forth	92696
in 24 C.F.R. 109.30, as amended.	92697

(B) Each written agency agreement shall contain a place for	92698
the licensee and the client to sign and date the agreement.	92699

(C) A licensee shall furnish a copy of any written agency	92700
agreement to a client in a timely manner after the licensee and	92701
the client have signed and dated it.	92702

Sec. 4735.58. (A)(1) A licensee who is a purchaser's agent	92703
or a seller's subagent working with a purchaser shall present the	92704
agency disclosure statement described in section 4735.57 of the	92705
Revised Code to the purchaser and request the purchaser to sign	92706
and date the statement no later than the preparation of an offer	92707
to purchase or lease, or a written request for a proposal to	92708
lease. The licensee shall deliver the statement signed by the	92709
purchaser to the seller's agent, or to the seller if the seller is	92710
not represented by an agent. Prior to presenting the seller with	92711
either a written offer to purchase or lease, or a written request	92712
for a proposal to lease, the seller's agent, or the purchaser's	92713
agent if the seller is not represented by an agent, shall present	92714
the agency disclosure statement to the seller and request the	92715
seller to sign and date the statement.	92716

(2) A licensee shall indicate the accurate agency	92717
relationship on the agency disclosure statement.	92718

(B) A licensee selling property at auction shall, prior to	92719
the auction, verbally disclose to the audience that the licensee	92720
represents the seller in the real estate transaction. The licensee	92721
shall provide the agency disclosure statement described in section	92722
4735.57 of the Revised Code to the successful bidder prior to the	92723
bidder's signing a purchase contract.	92724

(C) Evidence that a licensee has failed to comply with this	92725
section constitutes prima-facie evidence of misconduct in	92726
violation of division (A)(6) of section 4735.18 of the Revised	92727
Code.	92728

(D) The disclosure requirements of this section do not apply	92729
in any of the following situations:	92730

(1) The rental or leasing of residential premises as defined	92731
in section 5321.01 of the Revised Code, if the rental or lease	92732
agreement can be performed in eighteen months or less;	92733

(2) The referral of a prospective purchaser or seller to	92734
another licensee;	92735

(3) Transactions involving the sale, lease, or exchange of	92736
foreign real estate as defined in division (E) of section 4735.01	92737
of the Revised Code;	92738

(4) Transactions involving the sale of a cemetery lot or a	92739
cemetery interment right.	92740

(E) The licensee is obligated to perform all duties imposed	92741
on a real estate agent at common law except to the extent the	92742
duties are inconsistent with the duties prescribed in this chapter	92743
or are otherwise modified by agreement.	92744

Sec. 4735.59. To change the party a licensee represents in a	92745
real estate transaction after an agency disclosure statement has	92746
been signed and dated or following verbal disclosure of the agency	92747
relationship, the licensee shall obtain written consent from the	92748
party originally represented to represent another party in the	92749
transaction. The licensee shall promptly notify all persons who	92750
had been notified of the original relationship.	92751

The Ohio real estate commission may adopt rules in accordance	92752
with Chapter 119. of the Revised Code to provide for required	92753
disclosures when a licensee terminates an agency relationship and	92754
becomes a principal in the transaction.	92755

Sec. 4735.62. In representing any client in an agency or	92756
subagency relationship, the licensee shall be a fiduciary of the	92757
client and shall use the licensee's best efforts to further the	92758
interest of the client including, but not limited to, doing all of	92759
the following:	92760

(A) Exercising reasonable skill and care in representing the	92761
client and carrying out the responsibilities of the agency	92762
relationship;	92763

(B) Performing the terms of any written agency agreement;

92764

92765

(D) Performing all duties specified in this chapter in a	92766
manner that is loyal to the interest of the client;	92767

(E) Complying with all requirements of this chapter and other	92768
applicable statutes, rules, and regulations, including the Ohio	92769
fair housing law, division (H) of section 4112.02 of the Revised	92770
Code, and the federal fair housing law, 42 U.S.C.A. 3601, as	92771
amended;	92772

(F) Disclosing to the client any material facts of the	92773
transaction of which the licensee is aware or should be aware in	92774
the exercise of reasonable skill and care and that are not	92775
confidential information pursuant to a current or prior agency or	92776
dual agency relationship;	92777

(G) Advising the client to obtain expert advice related to	92778
material matters when necessary or appropriate;	92779

(H) Accounting in a timely manner for all moneys and property	92780
received in which the client has or may have an interest;	92781

(I) Keeping confidential all confidential information, unless	92782
the licensee is permitted to disclose the information pursuant to	92783
division (B) of section 4735.74 of the Revised Code. This	92784
requirement includes not disclosing confidential information to	92785
any licensee who is not an agent of the client.	92786

Sec. 4735.68. (A) A licensee is not liable to any party for	92787
false information that the licensee's client provided to the	92788
licensee and that the licensee in turn provided to another party	92789
in the real estate transaction, unless the licensee had actual	92790
knowledge that the information was false or acted with reckless	92791
disregard for the truth.	92792

(B) No cause of action shall arise on behalf of any person	92793
against a client for any misrepresentation a licensee made while	92794
representing that client unless the client had actual knowledge of	92795
the licensee's misrepresentation.	92796

(C) Knowledge of or information contained in a brokerage or	92797
an affiliated or past licensee's transaction records of any	92798
current or previous defect, adverse condition, or repair in real	92799
property shall not be imputed to that broker or to other licensees	92800
affiliated with that broker. No cause of action based on imputed	92801
knowledge shall accrue on behalf of any person against a broker or	92802
affiliated licensee for failure to disclose such defects, adverse	92803
condition, or repair.	92804

Sec. 4735.71. (A) No licensee or brokerage shall participate	92805
in a dual agency relationship described in section 4735.70 of the	92806
Revised Code unless both the seller and the purchaser in the	92807
transaction have full knowledge of the dual representation and	92808
consent in writing to the dual representation on the agency	92809
disclosure statement described in section 4735.57 of the Revised	92810
Code. Before a licensee obtains the consent of any party to a dual	92811
agency relationship, the licensee shall disclose to both the	92812
purchaser and the seller all relevant information necessary to	92813
enable each party to make an informed decision as to whether to	92814
consent to the dual agency relationship. If, after consent is	92815
obtained, there is a material change in the information disclosed	92816
to the purchaser and the seller, the licensee shall disclose the	92817
change of information to the purchaser and the seller and give	92818
them an opportunity to revoke their consent.	92819

(B) No brokerage shall participate in a dual agency	92820
relationship described in division (C) of section 4735.70 of the	92821
Revised Code, unless each of the following conditions is met:	92822

(1) The brokerage has established a procedure under section	92823
4735.54 of the Revised Code under which licensees, including	92824
management level licensees, who represent one client will not have	92825
access to and will not obtain confidential information concerning	92826
another client of the brokerage involved in the dual agency	92827
transaction.	92828

(2) Each licensee fulfills the licensee's duties exclusively	92829
to the licensee's client.	92830

(C) No salesperson or broker licensed under this chapter	92831
shall participate in a dual agency relationship in which the	92832
licensee is a party to the transaction, either personally or as an	92833
officer or member of a partnership, association, limited liability	92834
company, limited liability partnership, or corporation that has an	92835
interest in the real property that is the subject of the	92836
transaction or an entity that has an intention of purchasing,	92837
leasing, or exchanging the real property.	92838

Sec. 4735.74. Unless otherwise agreed in writing, a licensee	92839
owes no further duty to a client after performance of all duties	92840
or after any contract has terminated or expired, except for both	92841
of the following:	92842

(A) Providing the client with an accounting of all moneys and	92843
property relating to the transaction;	92844

(B) Keeping confidential all information received during the	92845
course of the transaction unless;:	92846

(1) The client permits disclosure;

92847

(2) Disclosure is required by law or by court order;

92848

(3) The information becomes public from a source other than	92849
the licensee;	92850

(4) The information is necessary to prevent a crime the	92851
client intends to commit;	92852

(5) Disclosure is necessary to defend the brokerage or its	92853
licensees against an accusation of wrongful conduct or to	92854
establish or defend a claim that a commission is owed on a	92855
transaction.	92856

(6) Disclosure is regarding sales information requested by a	92857
registered appraiser assistant or a licensed or certified	92858
appraiser for the purposes of performing an appraisal. No cause of	92859
action shall arise on behalf of any person against a licensee for	92860
releasing information pursuant to this division.	92861

Sec. 4736.12. (A) The state board of sanitarian registration	92862
shall charge the following fees:	92863

(1) To apply as a sanitarian-in-training, eighty dollars;

92864

(2) For sanitarians-in-training to apply for registration as	92865
sanitarians, eighty dollars. The applicant shall pay this fee only	92866
once regardless of the number of times the applicant takes an	92867
examination required under section 4736.08 of the Revised Code.	92868

(3) For persons other than sanitarians-in-training to apply	92869
for registration as sanitarians, including persons meeting the	92870
requirements of section 4736.16 of the Revised Code, one hundred	92871
sixty dollars. The applicant shall pay this fee only once	92872
regardless of the number of times the applicant takes an	92873
examination required under section 4736.08 of the Revised Code.	92874

(4) The renewal fee for registered sanitarians shall be	92875
~~seventy-four~~eighty dollars.	92876

(5) The renewal fee for sanitarians-in-training shall be	92877
~~seventy-four~~eighty dollars.	92878

(6) For late application for renewal, ~~twenty-seven~~an	92879
additional fifty dollars.	92880

The board of sanitarian registration, with the approval of	92881
the controlling board, may establish fees in excess of the amounts	92882
provided in this section, provided that such fees do not exceed	92883
the amounts permitted by this section by more than fifty per cent.	92884

(B) The board of sanitarian registration shall charge	92885
separate fees for examinations as required by section 4736.08 of	92886
the Revised Code, provided that the fees are not in excess of the	92887
actual cost to the board of conducting the examinations.	92888

(C) The board of sanitarian registration may adopt rules	92889
establishing fees for all of the following:	92890

(1) Application for the registration of a training agency	92891
approved under rules adopted by the board pursuant to section	92892
4736.11 of the Revised Code and for the annual registration	92893
renewal of an approved training agency.;	92894

(2) Application for the review of continuing education hours	92895
submitted for the board's approval by approved training agencies	92896
or by registered sanitarians or sanitarians-in-training;	92897

(3) Additional copies of pocket identification cards and wall	92898
certificates.	92899

Sec. 4743.05. Except as otherwise provided in sections	92900
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, 4781.121, and 4781.28 of	92901
the Revised Code, all money collected under Chapters 3773., 4701.,	92902
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	92903
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	92904
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code	92905
shall be paid into the state treasury to the credit of the	92906
occupational licensing and regulatory fund, which is hereby	92907
created for use in administering such chapters.	92908

At the end of each quarter, the director of budget and	92909
management shall transfer from the occupational licensing and	92910
regulatory fund to the nurse education assistance fund created in	92911
section 3333.28 of the Revised Code the amount certified to the	92912
director under division (B) of section 4723.08 of the Revised	92913
Code.	92914

At the end of each quarter, the director shall transfer from	92915
the occupational licensing and regulatory fund to the certified	92916
public accountant education assistance fund created in section	92917
4701.26 of the Revised Code the amount certified to the director	92918
under division (H)(2) of section 4701.10 of the Revised Code.	92919

Sec. 4757.31. (A) Subject to division (B) of this section,	92920
the counselor, social worker, and marriage and family therapist	92921
board shall establish, and may from time to time adjust, fees to	92922
be charged for the following:	92923

(1) Examination for licensure as a professional clinical	92924
counselor, professional counselor, marriage and family therapist,	92925
independent marriage and family therapist, social worker, or	92926
independent social worker;	92927

(2) Initial licenses of professional clinical counselors,	92928
professional counselors, marriage and family therapists,	92929
independent marriage and family therapists, social workers, and	92930
independent social workers, except that the board shall charge	92931
only one fee to a person who fulfills all requirements for more	92932
than one of the following initial licenses: an initial license as	92933
a social worker or independent social worker, an initial license	92934
as a professional counselor or professional clinical counselor,	92935
and an initial license as a marriage and family therapist or	92936
independent marriage and family therapist;	92937

(3) Initial certificates of registration of social work	92938
assistants;	92939

(4) Renewal and late renewal of licenses of professional	92940
clinical counselors, professional counselors, marriage and family	92941
therapists, independent marriage and family therapists, social	92942
workers, and independent social workers and renewal and late	92943
renewal of certificates of registration of social work assistants;	92944

(5) Verification, to another jurisdiction, of a license or	92945
registration issued by the board;	92946

(6) Continuing education programs offered by the board to	92947
licensees or registrants;	92948

(7) Approval of continuing education programs;

92949

(8) Approval of continuing education providers to be	92950
authorized to offer continuing education programs without prior	92951
approval from the board for each program offered;	92952

(9) Issuance of a replacement copy of any wall certificate	92953
issued by the board.	92954

(B) The fees charged under division (A)(1) of this section	92955
shall be established in amounts sufficient to cover the direct	92956
expenses incurred in examining applicants for licensure. The fees	92957
charged under divisions (A)(2) to ~~(6)~~(9) of this section shall be	92958
nonrefundable and shall be established in amounts sufficient to	92959
cover the necessary expenses in administering this chapter and	92960
rules adopted under it that are not covered by fees charged under	92961
division (A)(1) or (C) of this section. The renewal fee for a	92962
license or certificate of registration shall not be less than the	92963
initial fee for that license or certificate. The fees charged for	92964
licensure and registration and the renewal of licensure and	92965
registration may differ for the various types of licensure and	92966
registration, but shall not exceed one hundred twenty-five dollars	92967
each, unless the board determines that amounts in excess of one	92968
hundred twenty-five dollars are needed to cover its necessary	92969
expenses in administering this chapter and rules adopted under it	92970
and the amounts in excess of one hundred twenty-five dollars are	92971
approved by the controlling board.	92972

(C) All receipts of the board shall be deposited in the state	92973
treasury to the credit of the occupational licensing and	92974
regulatory fund. All vouchers of the board shall be approved by	92975
the chairperson or executive director of the board, or both, as	92976
authorized by the board.	92977

Sec. 4776.01. As used in this chapter:

92978

(A) "License" means any of the following:

92979

(1) An authorization evidenced by a license, certificate,	92980
registration, permit, card, or other authority that is issued or	92981
conferred by a licensing agency described in division (C)(1) of	92982
this section to a licensee or to an applicant for an initial	92983
license by which the licensee or initial license applicant has or	92984
claims the privilege to engage in a profession, occupation, or	92985
occupational activity, or to have control of and operate certain	92986
specific equipment, machinery, or premises, over which the	92987
licensing agency has jurisdiction.	92988

(2) An authorization evidenced by a license or certificate	92989
that is issued by a licensing agency described in division (C)(2)	92990
of this section pursuant to section 4715.12, 4715.16, 4715.21, or	92991
4715.27 of the Revised Code to a licensee or to an applicant for	92992
an initial license by which the licensee or initial license	92993
applicant has or claims the privilege to engage in a profession,	92994
occupation, or occupational activity over which the licensing	92995
agency has jurisdiction.	92996

(B) "Licensee" means the person to whom the license is issued	92997
by a licensing agency.	92998

92999

(1) The board authorized by Chapters 4701., 4717., 4725.,	93000
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,	93001
4759., 4760., 4761., 4762., and 4779. of the Revised Code to issue	93002
a license to engage in a specific profession, occupation, or	93003
occupational activity, or to have charge of and operate certain	93004
specified equipment, machinery, or premises.	93005

(2) The state dental board, relative to its authority to	93006
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or	93007
4715.27 of the Revised Code.	93008

(D) "Applicant for an initial license" includes persons	93009
seeking a license for the first time and persons seeking a license	93010
by reciprocity, endorsement, or similar manner of a license issued	93011
in another state.	93012

(E) "Applicant for a restored license" includes persons	93013
seeking restoration of a certificate under section 4730.14,	93014
4731.281, 4760.06, or 4762.06 of the Revised Code.	93015

(F) "Criminal records check" has the same meaning as in	93016
~~division (E) of~~ section 109.572 of the Revised Code.	93017

Sec. 4781.01. As used in this chapter:

93018

(A) "Industrialized unit" has the same meaning as in division	93019
(C)(3) of section 3781.06 of the Revised Code.	93020

(B) "Installation" means any of the following:

93021

(1) The temporary or permanent construction of stabilization,	93022
support, and anchoring systems for manufactured housing;	93023

(2) The placement and erection of a manufactured housing unit	93024
or components of a unit on a structural support system;	93025

(3) The supporting, blocking, leveling, securing, anchoring,	93026
underpinning, or adjusting of any section or component of a	93027
manufactured housing unit;	93028

(4) The joining or connecting of all sections or components	93029
of a manufactured housing unit.	93030

(C) "Manufactured home" has the same meaning as in division	93031
(C)(4) of section 3781.06 of the Revised Code.	93032

(D) "Manufactured home park" ~~has the same meaning as in~~	93033
~~division (A) of section 3733.01 of the Revised Code~~means any	93034
tract of land upon which three or more manufactured or mobile	93035
homes used for habitation are parked, either free of charge or for	93036
revenue purposes, and includes any roadway, building, structure,	93037
vehicle, or enclosure used or intended for use as a part of the	93038
facilities of the park. "Manufactured home park" does not include	93039
any of the following:	93040

(1) A tract of land used solely for the storage or display	93041
for sale of manufactured or mobile homes or solely as a temporary	93042
park-camp as defined in section 3729.01 of the Revised Code;	93043

(2) A tract of land that is subdivided and the individual	93044
lots are for sale or sold for the purpose of installation of	93045
manufactured or mobile homes used for habitation and the roadways	93046
are dedicated to the local government authority;	93047

(3) A tract of land within an area that is subject to local	93048
zoning authority and subdivision requirements and is subdivided,	93049
and the individual lots are for sale or sold for the purpose of	93050
installation of manufactured or mobile homes for habitation.	93051

(E) "Manufactured housing" means manufactured homes and	93052
mobile homes.	93053

(F) "Manufactured housing installer" means an individual who	93054
installs manufactured housing.	93055

(G) "Mobile home" has the same meaning as in division (O) of	93056
section 4501.01 of the Revised Code.	93057

(H) "Model standards" means the federal manufactured home	93058
installation standards established pursuant to 42 U.S.C. 5404.	93059

(I) "Permanent foundation" has the same meaning as in	93060
division (C)(5) of section 3781.06 of the Revised Code.	93061

(J) "Business" includes any activities engaged in by any	93062
person for the object of gain, benefit, or advantage either direct	93063
or indirect.	93064

(K) "Casual sale" means any transfer of a manufactured home	93065
or mobile home by a person other than a manufactured housing	93066
dealer, manufactured housing salesperson, or manufacturer to an	93067
ultimate consumer or a person who purchases the home for use as a	93068
residence.	93069

(L) "Engaging in business" means commencing, conducting, or	93070
continuing in business, or liquidating a business when the	93071
liquidator thereof holds self out to be conducting such business;	93072
making a casual sale or otherwise making transfers in the ordinary	93073
course of business when the transfers are made in connection with	93074
the disposition of all or substantially all of the transferor's	93075
assets is not engaging in business.	93076

(M) "Manufactured home park operator" ~~has the same meaning as~~	93077
~~"operator" in section 3733.01 of the Revised Code~~or "park	93078
operator" means the person who has responsible charge of a	93079
manufactured home park and who is licensed under sections 4781.26	93080
to 4781.35 of the Revised Code.	93081

(N) "Manufactured housing broker" means any person acting as	93082
a selling agent on behalf of an owner of a manufactured home or	93083
mobile home that is subject to taxation under section 4503.06 of	93084
the Revised Code.	93085

(O) "Manufactured housing dealer" means any person engaged in	93086
the business of selling at retail, displaying, offering for sale,	93087
or dealing in manufactured homes or mobile homes.	93088

(P) "Manufacturer" means a person who manufacturers,	93089
assembles, or imports manufactured homes or mobile homes.	93090

(Q) "Retail sale" or "sale at retail" means the act or	93091
attempted act of selling, bartering, exchanging, or otherwise	93092
disposing of a manufactured home or mobile home to an ultimate	93093
purchaser for use as a residence.	93094

(R) "Salesperson" means any individual employed by a	93095
manufactured housing dealer or manufactured housing broker to	93096
sell, display, and offer for sale, or deal in manufactured homes	93097
or mobile homes for a commission, compensation, or other valuable	93098
consideration, but does not mean any public officer performing	93099
official duties.	93100

(S) "Ultimate purchaser" means, with respect to any new	93101
manufactured home, the first person, other than a manufactured	93102
housing dealer purchasing in the capacity of a manufactured	93103
housing dealer, who purchases such new manufactured home for	93104
purposes other than resale.	93105

(T) "Tenant" means a person who is entitled under a rental	93106
agreement with a manufactured home park operator to occupy a	93107
manufactured home park lot and who does not own the home occupying	93108
the lot.	93109

(U) "Owner" means a person who is entitled under a rental	93110
agreement with a manufactured home park operator to occupy a	93111
manufactured home park lot and who owns the home occupying the	93112
lot.	93113

(V) "Resident" means a person entitled under a rental	93114
agreement to the use and occupancy of residential premises to the	93115
exclusion of others. "Resident" includes both tenants and owners.	93116

(W) "Residential premises" means a lot located within a	93117
manufactured home park and the grounds, areas, and facilities	93118
contained within the manufactured home park for the use of	93119
residents generally or the use of which is promised to a resident.	93120

(X) "Rental agreement" means any agreement or lease, written	93121
or oral, that establishes or modifies the terms, conditions,	93122
rules, or any other provisions concerning the use and occupancy of	93123
residential premises by one of the parties.	93124

(Y) "Security deposit" means any deposit of money or property	93125
to secure performance by the resident under a rental agreement.	93126

(Z) "Development" means any artificial change to improved or	93127
unimproved real estate, including, without limitation, buildings	93128
or structures, dredging, filling, grading, paving, excavation or	93129
drilling operations, or storage of equipment or materials, and the	93130
construction, expansion, or substantial alteration of a	93131
manufactured home park, for which plan review is required under	93132
division (A) of section 4781.31 of the Revised Code. "Development"	93133
does not include the building, construction, erection, or	93134
manufacture of any building to which section 3781.06 of the	93135
Revised Code is applicable.	93136

(AA) "Flood" or "flooding" means either of the following:

93137

(1) A general and temporary condition of partial or complete	93138
inundation of normally dry land areas from any of the following:	93139

(a) The overflow of inland or tidal waters;

93140

(b) The unusual and rapid accumulation or runoff of surface	93141
waters from any source;	93142

(c) Mudslides that are proximately caused by flooding as	93143
defined in division (AA)(1)(b) of this section and that are akin	93144
to a river of liquid and flowing mud on the surface of normally	93145
dry land areas, as when earth is carried by a current of water and	93146
deposited along the path of the current.	93147

(2) The collapse or subsidence of land along the shore of a	93148
lake or other body of water as a result of erosion or undermining	93149
that is caused by waves or currents of water exceeding anticipated	93150
cyclical levels or that is suddenly caused by an unusually high	93151
water level in a natural body of water, and that is accompanied by	93152
a severe storm, by an unanticipated force of nature, such as a	93153
flash flood, by an abnormal tidal surge, or by some similarly	93154
unusual and unforeseeable event, that results in flooding as	93155
defined in division (AA)(1)(a) of this section.	93156

(BB) "Flood plain" means the area adjoining any river,	93157
stream, watercourse, or lake that has been or may be covered by	93158
flood water.	93159

(CC) "One-hundred-year flood" means a flood having a one per	93160
cent chance of being equaled or exceeded in any given year.	93161

(DD) "One-hundred-year flood plain" means that portion of a	93162
flood plain inundated by a one-hundred-year flood.	93163

(EE) "Person" has the same meaning as in section 1.59 of the	93164
Revised Code and also includes this state, any political	93165
subdivision of this state, and any other state or local body of	93166
this state.	93167

(FF) "Substantial damage" means damage of any origin	93168
sustained by a manufactured or mobile home that is situated in a	93169
manufactured home park located in a flood plain when the cost of	93170
restoring the home to its condition before the damage occurred	93171
will equal or exceed fifty per cent of the market value of the	93172
home before the damage occurred.	93173

(GG) "Substantially alter" means a change in the layout or	93174
design of a manufactured home park, including, without limitation,	93175
the movement of utilities or changes in established streets, lots,	93176
or sites or in other facilities. In the case of manufactured home	93177
parks located within a one-hundred-year flood plain,	93178
"substantially alter" also includes changes in elevation resulting	93179
from the addition of fill, grading, or excavation that may affect	93180
flood plain management.	93181

(HH) "Tract" means a contiguous area of land that consists of	93182
one or more parcels, lots, or sites that have been separately	93183
surveyed regardless of whether the individual parcels, lots, or	93184
sites have been recorded and regardless of whether the one or more	93185
parcels, lots, or sites are under common or different ownership.	93186

Sec. 4781.02. (A) There is hereby created the manufactured	93187
homes commission which consists of nine members, with three	93188
members appointed by the governor, three members appointed by the	93189
president of the senate, and three members appointed by the	93190
speaker of the house of representatives.	93191

(B)(1) Commission members shall be residents of this state,	93192
except for members appointed pursuant to divisions (B)(3)(b) and	93193
(B)(4)(a) of this section. Members shall be selected from a list	93194
of persons the Ohio manufactured homes association, or any	93195
successor entity, recommends, except for appointments made	93196
pursuant to division (B)(2) of this section.	93197

(2) The governor shall appoint the following members:

93198

(a) One member to represent the board of building standards,	93199
who may be a member of the board or a board employee not in the	93200
classified civil service, with an initial term ending December 31,	93201
2007;	93202

(b) One member ~~to represent the department of health, who may~~	93203
~~be a department employee not in the classified civil service, with~~	93204
~~an initial term ending December 31, 2005~~who is registered as a	93205
sanitarian in accordance with Chapter 4736. of the Revised Code,	93206
has experience with the regulation of manufactured homes, and is	93207
an employee of a health district described in section 3709.01 of	93208
the Revised Code;	93209

(c) One member whose primary residence is a manufactured	93210
home, with an initial term ending December 31, 2006.	93211

(3) The president of the senate shall appoint the following	93212
members:	93213

(a) Two members who are manufactured housing installers who	93214
have been actively engaged in the installation of manufactured	93215
housing for the five years immediately prior to appointment, with	93216
the initial term of one installer ending December 31, 2007, and	93217
the initial term of the other installer ending December 31, 2005.	93218

(b) One member who manufactures manufactured homes in this	93219
state or who manufactures manufactured homes in another state and	93220
ships homes into this state, to represent manufactured home	93221
manufacturers, with an initial term ending December 31, 2006.	93222

(4) The speaker of the house of representatives shall appoint	93223
the following members:	93224

(a) One member who operates a manufactured or mobile home	93225
retail business in this state to represent manufactured housing	93226
dealers, with an initial term ending December 31, 2007;	93227

(b) One member who is a manufactured home park operator or is	93228
employed by an operator, with an initial term ending December 31,	93229
2005;	93230

(c) One member to represent the Ohio manufactured home	93231
association, or any successor entity, who may be the president or	93232
executive director of the association or the successor entity,	93233
with an initial term ending December 31, 2006.	93234

(C)(1) After the initial term, each term of office is for	93235
four years ending on the thirty-first day of December. A member	93236
holds office from the date of appointment until the end of the	93237
term. No member may serve more than two consecutive four-year	93238
terms.	93239

(2) Any member appointed to fill a vacancy that occurs prior	93240
to the expiration of a term continues in office for the remainder	93241
of that term. Any member continues in office subsequent to the	93242
expiration date of the term until the member's successor takes	93243
office or until sixty days have elapsed, which ever occurs first.	93244

(3) A vacancy on the commission does not impair the authority	93245
of the remaining members to exercise all of the commission's	93246
powers.	93247

(D)(1) The governor may remove any member from office for	93248
incompetence, neglect of duty, misfeasance, nonfeasance,	93249
malfeasance, or unprofessional conduct in office.	93250

(2) Vacancies shall be filled in the manner of the original	93251
appointment.	93252

Sec. 4781.04. (A) The manufactured homes commission shall	93253
adopt rules pursuant to Chapter 119. of the Revised Code to do all	93254
of the following:	93255

(1) Establish uniform standards that govern the installation	93256
of manufactured housing. Not later than one hundred eighty days	93257
after the secretary of the United States department of housing and	93258
urban development adopts model standards for the installation of	93259
manufactured housing or amends those standards, the commission	93260
shall amend its standards as necessary to be consistent with, and	93261
not less stringent than, the model standards for the design and	93262
installation of manufactured housing the secretary adopts or any	93263
manufacturers' standards that the secretary determines are equal	93264
to or not less stringent than the model standards.	93265

(2) Govern the inspection of the installation of manufactured	93266
housing. The rules shall specify that the commission, any building	93267
department or personnel of any department, ~~any licensor or~~	93268
~~personnel of any licensor,~~ or any private third party, certified	93269
pursuant to section 4781.07 of the Revised Code shall conduct all	93270
inspections of the installation of manufactured housing located in	93271
manufactured home parks to determine compliance with the uniform	93272
installation standards the commission establishes pursuant to this	93273
section.	93274

~~As used in division (A)(2) of this section, "licensor" has~~	93275
~~the same meaning as in section 3733.01 of the Revised Code.~~	93276

(3) Govern the design, construction, installation, approval,	93277
and inspection of foundations and the base support systems for	93278
manufactured housing. The rules shall specify that the commission,	93279
any building department or personnel of any department, ~~any~~	93280
~~licensor or personnel of any licensor,~~ or any private third party,	93281
certified pursuant to section 4781.07 of the Revised Code shall	93282
conduct all inspections of the installation, foundations, and base	93283
support systems of manufactured housing located in manufactured	93284
home parks to determine compliance with the uniform installation	93285
standards and foundation and base support system design the	93286
commission establishes pursuant to this section.	93287

~~As used in division (A)(3) of this section, "licensor" has~~	93288
~~the same meaning as in section 3733.01 of the Revised Code.~~	93289

(4) Govern the training, experience, and education	93290
requirements for manufactured housing installers, manufactured	93291
housing dealers, manufactured housing brokers, and manufactured	93292
housing salespersons;	93293

(5) Establish a code of ethics for manufactured housing	93294
installers;	93295

(6) Govern the issuance, revocation, and suspension of	93296
licenses to manufactured housing installers;	93297

(7) Establish fees for the issuance and renewal of licenses,	93298
for conducting inspections to determine an applicant's compliance	93299
with this chapter and the rules adopted pursuant to it, and for	93300
the commission's expenses incurred in implementing this chapter;	93301

(8) Establish conditions under which a licensee may enter	93302
into contracts to fulfill the licensee's responsibilities;	93303

(9) Govern the investigation of complaints concerning any	93304
violation of this chapter or the rules adopted pursuant to it or	93305
complaints involving the conduct of any licensed manufactured	93306
housing installer or person installing manufactured housing	93307
without a license, licensed manufactured housing dealer, licensed	93308
manufactured housing broker, or manufactured housing salesperson;	93309

(10) Establish a dispute resolution program for the timely	93310
resolution of warranty issues involving new manufactured homes,	93311
disputes regarding responsibility for the correction or repair of	93312
defects in manufactured housing, and the installation of	93313
manufactured housing. The rules shall provide for the timely	93314
resolution of disputes between manufacturers, manufactured housing	93315
dealers, and installers regarding the correction or repair of	93316
defects in manufactured housing that are reported by the purchaser	93317
of the home during the one-year period beginning on the date of	93318
installation of the home. The rules also shall provide that	93319
decisions made regarding the dispute under the program are not	93320
binding upon the purchaser of the home or the other parties	93321
involved in the dispute unless the purchaser so agrees in a	93322
written acknowledgement that the purchaser signs and delivers to	93323
the program within ten business days after the decision is issued.	93324

(11) Establish the requirements and procedures for the	93325
certification of building departments and building department	93326
personnel pursuant to section 4781.07 of the Revised Code;	93327

(12) Establish fees to be charged to building departments and	93328
building department personnel applying for certification and	93329
renewal of certification pursuant to section 4781.07 of the	93330
Revised Code;	93331

(13) Develop a policy regarding the maintenance of records	93332
for any inspection authorized or conducted pursuant to this	93333
chapter. Any record maintained under division (A)(13) of this	93334
section shall be a public record under section 149.43 of the	93335
Revised Code.	93336

(14) Carry out any other provision of this chapter.

93337

(B) The manufactured homes commission shall do all of the	93338
following:	93339

(1) Prepare and administer a licensure examination to	93340
determine an applicant's knowledge of manufactured housing	93341
installation and other aspects of installation the commission	93342
determines appropriate;	93343

(2) Select, provide, or procure appropriate examination	93344
questions and answers for the licensure examination and establish	93345
the criteria for successful completion of the examination;	93346

(3) Prepare and distribute any application form this chapter	93347
requires;	93348

(4) Receive applications for licenses and renewal of licenses	93349
and issue licenses to qualified applicants;	93350

(5) Establish procedures for processing, approving, and	93351
disapproving applications for licensure;	93352

(6) Retain records of applications for licensure, including	93353
all application materials submitted and a written record of the	93354
action taken on each application;	93355

(7) Review the design and plans for manufactured housing	93356
installations, foundations, and support systems;	93357

(8) Inspect a sample of homes at a percentage the commission	93358
determines to evaluate the construction and installation of	93359
manufactured housing installations, foundations, and support	93360
systems to determine compliance with the standards the commission	93361
adopts;	93362

(9) Investigate complaints concerning violations of this	93363
chapter or the rules adopted pursuant to it, or the conduct of any	93364
manufactured housing installer, manufactured housing dealer,	93365
manufactured housing broker, or manufactured housing salesperson;	93366

(10) Determine appropriate disciplinary actions for	93367
violations of this chapter;	93368

(11) Conduct audits and inquiries of manufactured housing	93369
installers, manufactured housing dealers, and manufactured housing	93370
brokers as appropriate for the enforcement of this chapter. The	93371
commission, or any person the commission employs for the purpose,	93372
may review and audit the business records of any manufactured	93373
housing installer, dealer, or broker during normal business hours.	93374

(12) Approve an installation training course, which may be	93375
offered by the Ohio manufactured homes association or other	93376
entity;	93377

(13) Perform any function or duty necessary to administer	93378
this chapter and the rules adopted pursuant to it.	93379

(C) Nothing in this section shall be construed to limit the	93380
authority of a board of health to enforce section 3701.344 of the	93381
Revised Code or Chapters 3703., 3718., and 3781. of the Revised	93382
Code.	93383

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	93384
commission adopts, the commission may certify municipal, township,	93385
and county building departments and the personnel of those	93386
departments, ~~licensors as defined in section 3733.01 of the~~	93387
~~Revised Code and the personnel of those licensors,~~ or any private	93388
third party, to exercise the commission's enforcement authority,	93389
accept and approve plans and specifications for foundations,	93390
support systems and installations, and inspect manufactured	93391
housing foundations, support systems, and manufactured housing	93392
installations. Any certification is effective for three years.	93393

(B) Following an investigation and finding of facts that	93394
support its action, the commission may revoke or suspend	93395
certification. The commission may initiate an investigation on its	93396
own motion or the petition of a person affected by the enforcement	93397
or approval of plans.	93398

Sec. 4781.09. (A) The manufactured homes commission may deny,	93399
suspend, revoke, or refuse to renew the license of any	93400
manufactured home installer for any of the following reasons:	93401

(1) Failure to satisfy the requirements of section 4781.08 or	93402
4781.10 of the Revised Code;	93403

(2) Violation of this chapter or any rule adopted pursuant to	93404
it;	93405

(3) Making a material misstatement in an application for a	93406
license;	93407

(4) Installing manufactured housing without a license or	93408
without being under the supervision of a licensed manufactured	93409
housing installer;	93410

(5) Failure to appear for a hearing before the commission or	93411
to comply with any final adjudication order of the commission	93412
issued pursuant to this chapter;	93413

(6) Conviction of a felony or a crime involving moral	93414
turpitude;	93415

(7) Having had a license revoked, suspended, or denied by the	93416
commission during the preceding two years;	93417

(8) Having had a license revoked, suspended, or denied by	93418
another state or jurisdiction during the preceding two years;	93419

(9) Engaging in conduct in another state or jurisdiction that	93420
would violate this chapter if committed in this state.	93421

(10) Failing to provide written notification of an	93422
installation pursuant to division (D) of section 4781.11 of the	93423
Revised Code to a county treasurer or county auditor.	93424

(B)(1) Any person whose license or license application is	93425
revoked, suspended, denied, or not renewed or upon whom a civil	93426
penalty is imposed ~~pursuant to division (C) of this section~~ may	93427
request an adjudication hearing on the matter within thirty days	93428
after receipt of the notice of the action. The hearing shall be	93429
held in accordance with Chapter 119. of the Revised Code.	93430

(2) Any licensee or applicant may appeal an order made	93431
pursuant to an adjudication hearing in the manner provided in	93432
section 119.12 of the Revised Code.	93433

(C) ~~As an alternative to suspending, revoking, or refusing to~~	93434
~~renew a manufactured housing installer's license, the commission~~	93435
~~may impose a civil penalty of not less than one hundred dollars or~~	93436
~~more than five hundred dollars per violation of this chapter or~~	93437
~~any rule adopted pursuant to it. The commission shall deposit~~	93438
~~penalties in the occupational licensing and regulatory fund~~	93439
~~pursuant to section 4743.05 of the Revised Code.~~	93440

~~(D)~~ A person whose license is suspended, revoked, or not	93441
renewed may apply for a new license two years after the date on	93442
which the license was suspended, revoked, or not renewed.	93443

Sec. 4781.121. (A) The manufactured homes commission,	93444
pursuant to section 4781.04 of the Revised Code, may investigate	93445
any person who allegedly has committed a violation. If, after an	93446
investigation the commission determines that reasonable evidence	93447
exists that a person has committed a violation, within seven days	93448
after that determination, the commission shall send a written	93449
notice to that person in the same manner as prescribed in section	93450
119.07 of the Revised Code for licensees, except that the notice	93451
shall specify that a hearing will be held and specify the date,	93452
time, and place of the hearing.	93453

(B) The commission shall hold a hearing regarding the alleged	93454
violation in the same manner prescribed for an adjudication	93455
hearing under section 119.09 of the Revised Code. If the	93456
commission, after the hearing, determines that a violation has	93457
occurred, the commission, upon an affirmative vote of five of its	93458
members, may impose a fine not exceeding one thousand dollars per	93459
violation per day. The commission's determination is an order that	93460
the person may appeal in accordance with section 119.12 of the	93461
Revised Code.	93462

(C) If the person who allegedly committed a violation fails	93463
to appear for a hearing, the commission may request the court of	93464
common pleas of the county where the alleged violation occurred to	93465
compel the person to appear before the commission for a hearing.	93466

(D) If the commission assesses a person a civil penalty for a	93467
violation and the person fails to pay that civil penalty within	93468
the time period prescribed by the commission pursuant to section	93469
131.02 of the Revised Code, the commission shall forward to the	93470
attorney general the name of the person and the amount of the	93471
civil penalty for the purpose of collecting that civil penalty. In	93472
addition to the civil penalty assessed pursuant to this section,	93473
the person also shall pay any fee assessed by the attorney general	93474
for collection of the civil penalty.	93475

(E) The authority provided to the commission pursuant to this	93476
section, and any fine imposed under this section, shall be in	93477
addition to, and not in lieu of, all penalties and other remedies	93478
provided in this chapter. Any fines collected pursuant to this	93479
section shall be used solely to administer and enforce this	93480
chapter and rules adopted under it. Any fees collected pursuant to	93481
this section shall be transmitted to the treasurer of state and	93482
shall be credited to the manufactured homes commission regulatory	93483
fund created in section 4781.54 of the Revised Code; the fees	93484
shall be used only for the purpose of administering and enforcing	93485
sections 4781.26 to 4781.35 of the Revised Code and the rules	93486
adopted thereunder.	93487

(F) As used in this section, "violation" means a violation of	93488
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	93489
to section 4781.04, of the Revised Code.	93490

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	93491
~~section 3733.02 of the Revised Code, the state, through the~~The	93492
manufactured homes commission, has exclusive authority to regulate	93493
manufactured home installers, the installation of manufactured	93494
housing, and manufactured housing foundations and support systems	93495
in ~~the~~this state. By enacting this chapter, it is the intent of	93496
the general assembly to preempt municipal corporations and other	93497
political subdivisions from regulating and licensing manufactured	93498
housing installers and regulating and inspecting the installation	93499
of manufactured housing and manufactured housing foundations and	93500
support systems.	93501

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	93502
~~of the Revised Code, the~~The manufactured homes commission has	93503
exclusive power to adopt rules of uniform application throughout	93504
the state governing installation of manufactured housing, the	93505
inspection of manufactured housing foundations and support	93506
systems, the inspection of the installation of manufactured	93507
housing, the training and licensing of manufactured housing	93508
installers, and the investigation of complaints concerning	93509
manufactured housing installers.	93510

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	93511
~~of the Revised Code, the~~The rules the commission adopts pursuant	93512
to this chapter are the exclusive rules governing the installation	93513
of manufactured housing, the design, construction, and approval of	93514
foundations for manufactured housing, the licensure of	93515
manufactured home installers, and the fees charged for licensure	93516
of manufactured home installers. No political subdivision of the	93517
state or any department or agency of the state may establish any	93518
other standards governing the installation of manufactured	93519
housing, manufactured housing foundations and support systems, the	93520
licensure of manufactured housing installers, or fees charged for	93521
the licensure of manufactured housing installers.	93522

(D) Nothing in this section limits the authority of the	93523
attorney general to enforce Chapter 1345. of the Revised Code or	93524
to take any action permitted by the Revised Code against	93525
manufactured housing installers, retailers, or manufacturers.	93526

Sec. 4781.15. The remedies provided in ~~sections 4781.01 to~~	93527
~~4781.14 of the Revised Code~~this chapter are in addition to	93528
remedies otherwise available for the same conduct under state or	93529
local law.	93530

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	93531
manufactured homes commission, subject to Chapter 119. of the	93532
Revised Code, shall adopt, and has the exclusive power to adopt,	93533
rules of uniform application throughout the state governing the	93534
review of plans, issuance of flood plain management permits, and	93535
issuance of licenses for manufactured home parks; the location,	93536
layout, density, construction, drainage, sanitation, safety, and	93537
operation of those parks; and notices of flood events concerning,	93538
and flood protection at, those parks. The rules pertaining to	93539
flood plain management shall be consistent with and not less	93540
stringent than the flood plain management criteria of the national	93541
flood insurance program adopted under the "National Flood	93542
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	93543
amended. The rules shall not apply to the construction, erection,	93544
or manufacture of any building to which section 3781.06 of the	93545
Revised Code is applicable.	93546

~~(2)~~(B) The rules pertaining to manufactured home parks	93547
constructed after June 30, 1971, shall specify that each home must	93548
be placed on its lot to provide not less than fifteen feet between	93549
the side of one home and the side of another home, ten feet	93550
between the end of one home and the side of another home, and five	93551
feet between the ends of two homes placed end to end.	93552

~~(3)~~(C) The manufactured homes commission shall determine	93553
compliance with the installation, blocking, tiedown, foundation,	93554
and base support system standards for manufactured housing located	93555
in manufactured home parks adopted by the commission pursuant to	93556
section 4781.04 of the Revised Code. All inspections of the	93557
installation, blocking, tiedown, foundation, and base support	93558
systems of manufactured housing in a manufactured home park that	93559
the ~~department of health or a licensor~~commission conducts shall	93560
be conducted by a person ~~who has completed an installation~~	93561
~~training course approved by~~ the manufactured homes commission	93562
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	93563
of the Revised Code.	93564

~~As used in division (A)(3) of this section, "manufactured~~	93565
~~housing" has the same meaning as in section 4781.01 of the Revised~~	93566
~~Code.~~	93567

~~(B) The public health council, in accordance with Chapter~~	93568
~~119. of the Revised Code, shall adopt rules of uniform application~~	93569
~~throughout the state establishing requirements and procedures in~~	93570
~~accordance with which the director of health may authorize~~	93571
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	93572
~~the Revised Code. The rules shall include at least provisions~~	93573
~~under which a licensor may enter into contracts for the purpose of~~	93574
~~fulfilling the licensor's responsibilities under either or both of~~	93575
~~those sections.~~	93576

(D) The manufactured homes commission may enter into	93577
contracts for the purpose of fulfilling the commission's annual	93578
inspection responsibilities for manufactured home parks under this	93579
chapter. Boards of health of city or general health districts	93580
shall have the right of first refusal for those contracts.	93581

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	93582
December, but before the first day of January of the next year,	93583
every person who intends to operate a manufactured home park shall	93584
procure a license to operate the park for the next year from the	93585
~~licensor~~manufactured homes commission. If the applicable license	93586
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	93587
is not received by the ~~licensor~~commission by the close of	93588
business on the last day of December, the applicant for the	93589
license shall pay a penalty equal to twenty-five per cent of the	93590
applicable license fee. The penalty shall accompany the license	93591
fee. If the last day of December is not a business day, the	93592
penalty attaches upon the close of business on the next business	93593
day.	93594

(2) No manufactured home park shall be maintained or operated	93595
in this state without a license.	93596

(3) No person who has received a license, upon the sale or	93597
disposition of the manufactured home park, may have the license	93598
transferred to the new operator. A person shall obtain a separate	93599
license to operate each manufactured home park.	93600

(B) Before a license is initially issued and annually	93601
thereafter, or more often if necessary, the ~~licensor~~commission	93602
shall cause each manufactured home park to be inspected ~~relative~~	93603
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	93604
of the Revised Code and the rules adopted under those sections. A	93605
record shall be made of each inspection on a form prescribed by	93606
the ~~director of health~~commission.	93607

(C) Each person applying for an initial license to operate a	93608
manufactured home park shall provide acceptable proof to the	93609
~~director~~ commission that adequate fire protection will be	93610
provided and that applicable fire codes will be adhered to in the	93611
construction and operation of the park.	93612

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	93613
~~park~~manufactured homes commission may charge a fee for an annual	93614
license to operate ~~such~~ a manufactured home park. The fee for a	93615
license shall be determined in accordance with section ~~3709.09~~	93616
4781.26 of the Revised Code and shall include the cost of	93617
licensing and all inspections.	93618

~~The fee also shall include any additional amount determined~~	93619
~~by rule of the public health council, which shall be collected and~~	93620
~~transmitted by the board of health to the director of health~~	93621
~~pursuant to section 3709.092 of the Revised Code and used only for~~	93622
~~the purpose of administering and enforcing sections 3733.01 to~~	93623
~~3733.08 of the Revised Code and the rules adopted under those~~	93624
~~sections. The portion of any fee retained by the board of health~~	93625
Any fees collected shall be ~~paid into a special fund~~transmitted	93626
to the treasurer of state and shall be credited to the	93627
manufactured homes commission regulatory fund created in section	93628
4781.54 of the Revised Code and used only for the purpose of	93629
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	93630
4781.35 of the Revised Code and the rules adopted thereunder.	93631

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	93632
~~which a manufactured home park is or is to be located, in~~	93633
~~accordance with Chapter 119. of the Revised Code,~~manufactured	93634
homes commission may refuse to grant, may suspend, or may revoke	93635
any license granted to any person for failure to comply with	93636
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	93637
with any rule adopted ~~by the public health council~~ under section	93638
~~3733.02~~4781.26 of the Revised Code.	93639

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	93640
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	93641
any operator shall have the right to rent or use each lot for the	93642
parking or placement of a manufactured home or mobile home to be	93643
used for human habitation without interruption for any period	93644
coextensive with any license or consecutive licenses issued under	93645
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	93646

(B) No operator of a manufactured home park shall sell	93647
individual lots in a park for eight years following the issuance	93648
of the initial license for the park unless, at the time of sale,	93649
the park fulfills all platting and subdivision requirements	93650
established by the political subdivision in which the park is	93651
located, or the political subdivision has entered into an	93652
agreement with the operator regarding platting and subdivision	93653
requirements and the operator has fulfilled the terms of that	93654
agreement.	93655

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	93656
to occur within any portion of a manufactured home park until the	93657
plans for the development have been submitted to and reviewed and	93658
approved by the ~~director of health~~manufactured homes commission.	93659
This division does not require that plans be submitted to the	93660
~~director~~commission for approval for the replacement of	93661
manufactured or mobile homes on previously approved lots in a	93662
manufactured home park when no development is to occur in	93663
connection with the replacement. Within thirty days after receipt	93664
of the plans, all supporting documents and materials required to	93665
complete the review, and the applicable plan review fee	93666
established under division (D) of this section, the ~~director~~	93667
commission shall approve or disapprove the plans.	93668

(B) Any person aggrieved by the ~~director's~~commission's	93669
disapproval of a set of plans under division (A) of this section	93670
may request a hearing on the matter within thirty days after	93671
receipt of the ~~director's~~commission's notice of the disapproval.	93672
The hearing shall be held in accordance with Chapter 119. of the	93673
Revised Code. Thereafter, the disapproval may be appealed in the	93674
manner provided in section 119.12 of the Revised Code.	93675

(C) The ~~director~~commission shall establish a system by which	93676
development occurring within a manufactured home park is inspected	93677
or verified in accordance with rules adopted under ~~division (A) of~~	93678
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	93679
development complies with the plans approved under division (A) of	93680
this section.	93681

(D) The ~~public health council~~commission shall establish fees	93682
for reviewing plans under division (A) of this section and	93683
conducting inspections under division (C) of this section.	93684

(E) The ~~director~~commission shall charge the appropriate fees	93685
established under division (D) of this section for reviewing plans	93686
under division (A) of this section and conducting inspections	93687
under division (C) of this section. All such plan review and	93688
inspection fees received by the ~~director~~commission shall be	93689
transmitted to the treasurer of state and shall be credited to the	93690
~~general operations~~occupational licensing and regulatory fund	93691
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	93692
credited to the fund shall be used only for the purpose of	93693
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	93694
4781.35 of the Revised Code and rules adopted under those	93695
sections.	93696

(F) Plan approvals issued under this section do not	93697
constitute an exemption from the land use and building	93698
requirements of the political subdivision in which the	93699
manufactured home park is or is to be located.	93700

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	93701
to occur or cause the replacement of a mobile or manufactured home	93702
within any portion of a manufactured home park that is located	93703
within a one-hundred-year flood plain unless the person first	93704
obtains a permit from the ~~director of health or a licensor~~	93705
~~authorized by the director~~manufactured homes commission. If the	93706
development for which a permit is required under this division is	93707
to occur on a lot where a mobile or manufactured home is or is to	93708
be located, the owner of the home and the operator of the	93709
manufactured home park shall jointly obtain the permit. Each of	93710
the persons to whom a permit is jointly issued is responsible for	93711
compliance with the provisions of the approved permit that are	93712
applicable to that person.	93713

The ~~director or a licensor authorized by the director~~	93714
commission shall disapprove an application for a permit required	93715
under this division unless the ~~director or the licensor~~commission	93716
finds that the proposed development or replacement of a mobile or	93717
manufactured home complies with the rules adopted under ~~division~~	93718
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	93719
required under this division for the construction, erection, or	93720
manufacture of any building to which section 3781.06 of the	93721
Revised Code applies.	93722

The ~~director or a licensor authorized by the director~~	93723
commission may suspend or revoke a permit issued under this	93724
division for failure to comply with the rules adopted under	93725
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	93726
pertaining to flood plain management or for failure to comply with	93727
the approved permit.	93728

Any person aggrieved by the disapproval, suspension, or	93729
revocation of a permit under this division by the ~~director or by a~~	93730
~~licensor authorized by the director~~commission may request a	93731
hearing on the matter within thirty days after receipt of the	93732
notice of the disapproval, suspension, or revocation. The hearing	93733
shall be held in accordance with Chapter 119. of the Revised Code.	93734
Thereafter, an appeal of the disapproval, suspension, or	93735
revocation may be taken in the manner provided in section 119.12	93736
of the Revised Code.	93737

(B) The ~~public health council~~commission shall establish fees	93738
for the issuance of permits under division (A) of this section and	93739
for necessary inspections conducted to determine compliance with	93740
those permits.	93741

(C) The ~~director or a licensor authorized by the director~~	93742
commission shall charge the appropriate fee established under	93743
division (B) of this section for the issuance of a permit under	93744
division (A) of this section or for conducting any necessary	93745
inspection to determine compliance with the permit. If the	93746
~~director~~commission issues such a permit or conducts such an	93747
inspection, the fee for the permit or inspection shall be	93748
transmitted to the treasurer of state and shall be credited to the	93749
~~general operations~~occupational licensing and regulatory fund	93750
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	93751
credited to the fund shall be used ~~by the director~~ only for the	93752
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	93753
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	93754
sections. ~~If the licensor is a board of health, the permit or~~	93755
~~inspection fee shall be deposited to the credit of the special~~	93756
~~fund of the health district created in section 3733.04 of the~~	93757
~~Revised Code and shall be used only for the purpose set forth in~~	93758
~~that section.~~	93759

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	93760
manufactured home park, the operator of the manufactured home	93761
park, in accordance with rules adopted under ~~division (A) of~~	93762
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	93763
~~licensor having jurisdiction of the occurrence of~~manufactured	93764
homes commission and the board of health having jurisdiction where	93765
the flood event occurred within forty-eight hours after the end of	93766
the flood event. The commission, after receiving notification,	93767
shall immediately notify the board of health.	93768

~~No person shall fail to comply with this division.~~

93769

~~(B) The licensor having jurisdiction where a flood event~~	93770
~~occurred that affected a manufactured home park shall notify the~~	93771
~~director of health of the occurrence of the flood event within~~	93772
~~twenty-four hours after being notified of the flood event under~~	93773
~~division (A) of this section. Within forty-eight hours after~~After	93774
being notified of such a flood event ~~by a licensor~~, the ~~director~~	93775
board of health shall cause an inspection to be made of the	93776
manufactured home park named in the notice. The board of health	93777
shall issue a report of the inspection to the commission within	93778
ten days after the inspection is completed.	93779

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	93780
that is located in a flood plain is substantially damaged, the	93781
owner of the home shall make all alterations, repairs, or changes	93782
to the home, and the operator of the manufactured home park shall	93783
make all alterations, repairs, or changes to the lot on which the	93784
home is located, that are necessary to ensure compliance with the	93785
flood plain management rules adopted under ~~division (A) of~~ section	93786
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	93787
changes may include, without limitation, removal of the home or	93788
other structures.	93789

No person shall fail to comply with this division.

93790

(B) No person shall cause to be performed any alteration,	93791
repair, or change required by division (A) of this section unless	93792
the person first obtains a permit from the ~~director of health or a~~	93793
~~licensor authorized by the director~~manufactured homes commission.	93794
~~The owner of the home and the operator of the manufactured home~~	93795
~~park shall jointly obtain the permit required by this division.~~	93796
~~Each of the persons to whom a permit is jointly issued is~~	93797
~~responsible for compliance with the provisions of the approved~~	93798
~~permit that are applicable to that person.~~	93799

The ~~director or a licensor authorized by the director~~	93800
commission shall disapprove an application for a permit required	93801
under this division unless the ~~director or the licensor~~commission	93802
finds that the proposed alteration, repair, or change complies	93803
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	93804
4781.26 of the Revised Code. No permit is required under this	93805
division for the construction, erection, or manufacture of any	93806
building to which section 3781.06 of the Revised Code applies.	93807

The ~~director or a licensor authorized by the director~~	93808
commission may suspend or revoke a permit issued under this	93809
division for failure to comply with the rules adopted under	93810
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	93811
pertaining to flood plain management or for failure to comply with	93812
the approved permit for making alterations, repairs, or changes to	93813
the lot on which the manufactured home is located.	93814

Any person aggrieved by the disapproval, suspension, or	93815
revocation of a permit under this division by the ~~director or by a~~	93816
~~licensor authorized by the director~~commission may request a	93817
hearing on the matter within thirty days after receipt of the	93818
notice of the disapproval, suspension, or revocation. The hearing	93819
shall be held in accordance with Chapter 119. of the Revised Code.	93820
Thereafter, an appeal of the disapproval, suspension, or	93821
revocation may be taken in the manner provided in section 119.12	93822
of the Revised Code and for necessary inspections conducted to	93823
determine compliance with those permits.	93824

(C) The ~~public health council~~commission shall establish fees	93825
for the issuance of permits under division (B) of this section and	93826
for necessary inspections conducted to determine compliance with	93827
those permits for making alterations, repairs, or changes to the	93828
lot on which the manufactured home is located.	93829

(D) The ~~director or a licensor authorized by the director~~	93830
commission shall charge the appropriate fee established under	93831
division (C) of this section for the issuance of a permit under	93832
division (B) of this section or for conducting any necessary	93833
inspection to determine compliance with the permit. If the	93834
~~director~~commission issues such a permit or conducts such an	93835
inspection, the fee for the permit or inspection shall be	93836
transmitted to the treasurer of state and shall be credited to the	93837
~~general operations~~occupational licensing and regulatory fund	93838
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	93839
credited to the fund shall be used ~~by the director~~ only for the	93840
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	93841
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	93842
sections. ~~If the licensor is a board of health, the permit or~~	93843
~~inspection fee shall be deposited to the credit of the special~~	93844
~~fund of the health district created in section 3733.04 of the~~	93845
~~Revised Code and shall be used only for the purpose set forth in~~	93846
~~that section.~~	93847

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	93848
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	93849
rules adopted thereunder.	93850

(B) The prosecuting attorney of the county, the city director	93851
of law, or the attorney general, upon complaint of the ~~licensor or~~	93852
~~the director of health~~manufactured homes commission, shall	93853
prosecute to termination or bring an action for injunction against	93854
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	93855
of the Revised Code or the rules adopted thereunder.	93856

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	93857
4781.37 of the Revised Code, a park operator shall not retaliate	93858
against a resident by increasing the resident's rent, decreasing	93859
services that are due to the resident, refusing to renew or	93860
threatening to refuse to renew the rental agreement with the	93861
resident, or bringing or threatening to bring an action for	93862
possession of the resident's premises because:	93863

(1) The resident has complained to an appropriate	93864
governmental agency of a violation of a building, housing, health,	93865
or safety code that is applicable to the premises, and the	93866
violation materially affects health and safety;	93867

(2) The resident has complained to the park operator of any	93868
violation of section ~~3733.10~~4781.38 of the Revised Code;	93869

(3) The resident joined with other residents for the purpose	93870
of negotiating or dealing collectively with the park operator on	93871
any of the terms and conditions of a rental agreement.	93872

(B) If a park operator acts in violation of division (A) of	93873
this section, the resident may:	93874

(1) Use the retaliatory action of the park operator as a	93875
defense to an action by the park operator to recover possession of	93876
the premises;	93877

(2) Recover possession of the premises;

93878

(3) Terminate the rental agreement.

93879

In addition, the resident may recover from the park operator	93880
any actual damages together with reasonable attorneys fees.	93881

(C) Nothing in division (A) of this section prohibits a park	93882
operator from increasing the rent to reflect the cost of	93883
improvements installed by the park operator in or about the	93884
premises or to reflect an increase in other costs of operation of	93885
the premises.	93886

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	93887
4781.36 of the Revised Code, a park operator may bring an action	93888
under Chapter 1923. of the Revised Code for possession of the	93889
premises if any of the following applies:	93890

(1) The resident is in default in the payment of rent.

93891

(2) The violation of the applicable building, housing,	93892
health, or safety code that the resident complained of was	93893
primarily caused by any act or lack of reasonable care by the	93894
resident, by any other person in the resident's household, or by	93895
anyone on the premises with the consent of the resident.	93896

(3) The resident is holding over the resident's term.

93897

(4) The resident is in violation of rules of the ~~public~~	93898
~~health council~~manufactured homes commission adopted pursuant to	93899
section ~~3733.02~~4781.26 of the Revised Code or rules of the	93900
manufactured home park adopted pursuant to the rules of the ~~public~~	93901
~~health council~~manufactured homes commission.	93902

(5) The resident has been absent from the manufactured home	93903
park for a period of thirty consecutive days prior to the	93904
commencement of the action, and the resident's manufactured home,	93905
mobile home, or recreational vehicle parked in the manufactured	93906
home park has been left unoccupied for that thirty-day period,	93907
without notice to the park operator and without payment of rent	93908
due under the rental agreement.	93909

(B) The maintenance of an action by the park operator under	93910
this section does not prevent the resident from recovering damages	93911
for any violation by the park operator of the rental agreement or	93912
of section ~~3733.10~~4781.38 of the Revised Code.	93913

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	93914
a rental agreement shall:	93915

(1) Comply with the requirements of all applicable building,	93916
housing, health, and safety codes which materially affect health	93917
and safety, and comply with rules of the ~~public health council~~	93918
manufactured homes commission;	93919

(2) Make all repairs and do whatever is reasonably necessary	93920
to put and keep the premises in a fit and habitable condition;	93921

(3) Keep all common areas of the premises in a safe and	93922
sanitary condition;	93923

(4) Maintain in good and safe working order and condition all	93924
electrical and plumbing fixtures and appliances, and septic	93925
systems, sanitary and storm sewers, refuse receptacles, and well	93926
and water systems that are supplied or required to be supplied by	93927
~~him~~the park operator;	93928

(5) Not abuse the right of access conferred by division (B)	93929
of section ~~3733.101~~4781.39 of the Revised Code;	93930

(6) Except in the case of emergency or if it is impracticable	93931
to do so, give the resident reasonable notice of ~~his~~the park	93932
operator's intent to enter onto the residential premises and enter	93933
only at reasonable times. Twenty-four hours' notice shall be	93934
presumed to be a reasonable notice in the absence of evidence to	93935
the contrary.	93936

(B) If the park operator violates any provision of this	93937
section, makes a lawful entry onto the residential premises in an	93938
unreasonable manner, or makes repeated demands for entry otherwise	93939
lawful which demands have the effect of harassing the resident,	93940
the resident may recover actual damages resulting from the	93941
violation, entry, or demands and injunctive relief to prevent the	93942
recurrence of the conduct, and if hethe resident obtains a	93943
judgment, reasonable attorneys' fees, or terminate the rental	93944
agreement.	93945

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	93946
rental agreement shall:	93947

(1) Keep that part of the premises that the resident occupies	93948
and uses safe and sanitary;	93949

(2) Dispose of all rubbish, garbage, and other waste in a	93950
clean, safe, and sanitary manner;	93951

(3) Comply with the requirements imposed on residents by all	93952
applicable state and local housing, health, and safety codes,	93953
rules of the ~~public health council~~manufactured homes commission,	93954
and rules of the manufactured home park;	93955

(4) Personally refrain, and forbid any other person who is on	93956
the premises with the resident's permission, from intentionally or	93957
negligently destroying, defacing, damaging, or removing any	93958
fixture, appliance, or other part of the residential premises;	93959

(5) Conduct self and require other persons on the premises	93960
with the resident's consent to conduct themselves in a manner that	93961
will not disturb the resident's neighbors' peaceful enjoyment of	93962
the manufactured home park.	93963

(B) The resident shall not unreasonably withhold consent for	93964
the park operator to enter the home to inspect utility	93965
connections, or enter onto the premises in order to inspect the	93966
premises, make ordinary, necessary, or agreed repairs,	93967
decorations, alterations, or improvements, deliver parcels which	93968
are too large for the resident's mail facilities, or supply	93969
necessary or agreed services.	93970

(C) If the resident violates any provision of this section,	93971
the park operator may recover any actual damages which result from	93972
the violation and reasonable attorneys' fees. This remedy is in	93973
addition to any right of the park operator to terminate the rental	93974
agreement, to maintain an action for the possession of the	93975
premises, or injunctive relief to compel access under division (B)	93976
of this section.	93977

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) ~~The~~A manufactured home park	93978
operator shall offer each home owner a written rental agreement	93979
for a manufactured home park lot for a term of one year or more	93980
that contains terms essentially the same as any alternative	93981
month-to-month rental agreement offered to current and prospective	93982
tenants and owners. The park operator shall offer the minimum	93983
one-year rental agreement to the owner prior to installation of	93984
the home in the manufactured home park or, if the home is in the	93985
manufactured home park, prior to the expiration of the owner's	93986
existing rental agreement.	93987

(2) The park operator shall deliver the offer to the owner by	93988
certified mail, return receipt requested, or in person. If the	93989
park operator delivers the offer to the owner in person, the owner	93990
shall complete a return showing receipt of the offer. If the owner	93991
does not accept the offer, the park operator is discharged from	93992
any obligation to make any further such offers. If the owner	93993
accepts the offer, the park operator shall, at the expiration of	93994
each successive rental agreement, offer the owner another rental	93995
agreement, for a term that is mutually agreed upon, and that	93996
contains terms essentially the same as the alternative	93997
month-to-month agreement. The park operator shall deliver	93998
subsequent rental offers by ordinary mail or personal delivery. If	93999
the park operator sells the manufactured home park to another	94000
manufactured home park operator, the purchaser is bound by the	94001
rental agreements entered into by the purchaser's predecessor.	94002

(3) If the park operator sells the manufactured home park for	94003
a use other than as a manufactured home park, the park operator	94004
shall give each tenant and owner a written notification by	94005
certified mail, return receipt requested, or by handing it to the	94006
tenant or owner in person. If the park operator delivers the	94007
notification in person, the recipient shall complete a return	94008
showing receipt of the notification. This notification shall	94009
contain notice of the sale of the manufactured home park, and	94010
notice of the date by which the tenant or owner shall vacate. The	94011
date by which the tenant shall vacate shall be at least one	94012
hundred twenty days after receipt of the written notification, and	94013
the date by which the owner shall vacate shall be at least one	94014
hundred eighty days after receipt of the written notification.	94015

(B) A park operator shall fully disclose in writing all fees,	94016
charges, assessments, including rental fees, and rules prior to a	94017
tenant or owner executing a rental agreement and assuming	94018
occupancy in the manufactured home park. No fees, charges,	94019
assessments, or rental fees so disclosed may be increased nor	94020
rules changed by a park operator without specifying the date of	94021
implementation of the changed fees, charges, assessments, rental	94022
fees, or rules, which date shall be not less than thirty days	94023
after written notice of the change and its effective date to all	94024
tenants or owners in the manufactured home park, and no fee,	94025
charge, assessment, or rental fee shall be increased during the	94026
term of any tenant's or owner's rental agreement. Failure on the	94027
part of the park operator to fully disclose all fees, charges, or	94028
assessments shall prevent the park operator from collecting the	94029
undisclosed fees, charges, or assessments. If a tenant or owner	94030
refuses to pay any undisclosed fees, charges, or assessments, the	94031
refusal shall not be used by the park operator as a cause for	94032
eviction in any court.	94033

(C) A park operator shall promulgate rules governing the	94034
rental or occupancy of a lot in the manufactured home park. The	94035
rules shall not be unreasonable, arbitrary, or capricious. A copy	94036
of the rules and any amendments to them shall be delivered by the	94037
park operator to the tenant or owner prior to signing the rental	94038
agreement. A copy of the rules and any amendments to them shall be	94039
posted in a conspicuous place upon the manufactured home park	94040
grounds.	94041

(D) No park operator shall require an owner to purchase from	94042
the park operator any personal property. The park operator may	94043
determine by rule the style or quality of skirting, equipment for	94044
tying down homes, manufactured or mobile home accessories, or	94045
other equipment to be purchased by an owner from a vendor of the	94046
owner's choosing, provided that the equipment is readily available	94047
to the owner. Any such equipment shall be installed in accordance	94048
with the manufactured home park rules.	94049

(E) No park operator shall charge any owner who chooses to	94050
install an electric or gas appliance in a home an additional fee	94051
solely on the basis of the installation, unless the installation	94052
is performed by the park operator at the request of the owner, nor	94053
shall the park operator restrict the installation, service, or	94054
maintenance of the appliance, restrict the ingress or egress of	94055
repairpersons to the manufactured home park for the purpose of	94056
installation, service, or maintenance of the appliance, nor	94057
restrict the making of any interior improvement in a home, if the	94058
installation or improvement is in compliance with applicable	94059
building codes and other provisions of law and if adequate utility	94060
services are available for the installation or improvement.	94061

(F) No park operator shall require a tenant to lease or an	94062
owner to purchase a manufactured or mobile home from the park	94063
operator or any specific person as a condition of or prerequisite	94064
to entering into a rental agreement.	94065

(G) No park operator shall require an owner to use the	94066
services of the park operator or any other specific person for	94067
installation of the manufactured or mobile home on the residential	94068
premises or for the performance of any service.	94069

(H) No park operator shall:

94070

(1) Deny any owner the right to sell the owner's manufactured	94071
home within the manufactured home park if the owner gives the park	94072
operator ten days' notice of the intention to sell the home;	94073

(2) Require the owner to remove the home from the	94074
manufactured home park solely on the basis of the sale of the	94075
home;	94076

(3) Unreasonably refuse to enter into a rental agreement with	94077
a purchaser of a home located within the operator's manufactured	94078
home park;	94079

(4) Charge any tenant or owner any fee, charge, or	94080
assessment, including a rental fee, that is not set forth in the	94081
rental agreement or, if the rental agreement is oral, is not set	94082
forth in a written disclosure given to the tenant or owner prior	94083
to the tenant or owner entering into a rental agreement;	94084

(5) Charge any owner any fee, charge, or assessment because	94085
of the transfer of ownership of a home or because a home is moved	94086
out of or into the manufactured home park, except a charge for the	94087
actual costs and expenses that are incurred by the park operator	94088
in moving the home out of or into the manufactured home park, or	94089
in installing the home in the manufactured home park and that have	94090
not been reimbursed by another tenant or owner.	94091

(I) If the park operator violates any provision of divisions	94092
(A) to (H) of this section, the tenant or owner may recover actual	94093
damages resulting from the violation, and, if the tenant or owner	94094
obtains a judgment, reasonable attorneys' fees, or terminate the	94095
rental agreement.	94096

(J) No rental agreement shall require a tenant or owner to	94097
sell, lease, or sublet the tenant's or owner's interest in the	94098
rental agreement or the manufactured or mobile home that is or	94099
will be located on the lot that is the subject of the rental	94100
agreement to any specific person or through any specific person as	94101
the person's agent.	94102

(K) No park operator shall enter into a rental agreement with	94103
the owner of a manufactured or mobile home for the use of	94104
residential premises, if the rental agreement requires the owner	94105
of the home, as a condition to the owner's renting, occupying, or	94106
remaining on the residential premises, to pay the park operator or	94107
any other person specified in the rental agreement a fee or any	94108
sum of money based on the sale of the home, unless the owner of	94109
the home uses the park operator or other person as the owner's	94110
agent in the sale of the home.	94111

(L) A park operator and a tenant or owner may include in a	94112
rental agreement any terms and conditions, including any term	94113
relating to rent, the duration of an agreement, and any other	94114
provisions governing the rights and obligations of the parties	94115
that are not inconsistent with or prohibited by sections 3733.09	94116
to 3733.20 of the Revised Code or any other rule of law.	94117

(M) Notwithstanding any other provision of the Revised Code,	94118
the owner of a manufactured or mobile home ~~that was previously~~	94119
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	94120
housing dealer or broker licensed under ~~Chapter 4517. of the~~	94121
~~Revised Code~~this chapter or a person properly licensed under	94122
Chapter 4735. of the Revised Code to sell or lease the home.	94123

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	94124
fulfill any obligation imposed upon ~~him~~the park operator by	94125
section ~~3733.10~~4781.38 of the Revised Code or by the rental	94126
agreement, or the conditions of the premises are such that the	94127
resident reasonably believes that a park operator has failed to	94128
fulfill any such obligations, or a governmental agency has found	94129
that the premises are not in compliance with building, housing,	94130
health, or safety codes which apply to any condition of the	94131
residential premises that could materially affect the health and	94132
safety of an occupant, the resident may give notice in writing to	94133
the park operator specifying the acts, omissions, or code	94134
violations that constitute noncompliance with such provisions. The	94135
notice shall be sent to the person or place where rent is normally	94136
paid.	94137

(B) If a park operator receives the notice described in	94138
division (A) of this section and after receipt of the notice fails	94139
to remedy the condition within a reasonable time, considering the	94140
severity of the condition and the time necessary to remedy such	94141
condition, or within thirty days, whichever is sooner, and if the	94142
resident is current in rent payments due under the rental	94143
agreement, the resident may do one of the following:	94144

(1) Deposit all rent that is due and thereafter becomes due	94145
the park operator with the clerk of court of the municipal or	94146
county court having jurisdiction in the territory in which the	94147
residential premises are located;	94148

(2) Apply to the court for an order directing the park	94149
operator to remedy the condition. As part thereof, the resident	94150
may deposit rent pursuant to division (B)(1) of this section, and	94151
may apply for an order reducing the periodic rent due the park	94152
operator until such time as the park operator does remedy the	94153
condition, and may apply for an order to use the rent deposited to	94154
remedy the condition. In any order issued pursuant to this	94155
division, the court may require the resident to deposit rent with	94156
the clerk of court as provided in division (B)(1) of this section.	94157

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	94158
with the clerk of a court as provided in section ~~3733.12~~4781.41	94159
of the Revised Code, the clerk shall give written notice of this	94160
fact to the park operator and to ~~his~~the park operator's agent, if	94161
any.	94162

(B) The clerk shall place all rent deposited with ~~him~~the	94163
clerk in a separate rent escrow account in the name of the clerk	94164
in a bank or building and loan association domiciled in this	94165
state.	94166

(C) The clerk shall keep in a separate docket an account of	94167
each deposit, with the name and address of the resident, and the	94168
name and address of the park operator and of ~~his~~the park	94169
operator's agent, if any.	94170

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	94171
one per cent of the amount of the rent deposited, which shall be	94172
assessed as court costs.	94173

(E) All interest that has accrued on the rent deposited by	94174
the clerk of a county court under division (B) of this section	94175
shall be paid into the treasury of the political subdivision for	94176
which the clerk performs ~~his~~the clerk's duties. All interest that	94177
has accrued on the rent deposited by the clerk of a municipal	94178
court under division (B) of this section shall be paid into the	94179
city treasury as defined in division (B) of section 1901.03 of the	94180
Revised Code.	94181

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	94182
notice that rent due ~~him~~the park operator has been deposited with	94183
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	94184
Revised Code, may:	94185

(1) Apply to the clerk of court for release of the rent on	94186
the ground that the condition contained in the notice given	94187
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	94188
Code has been remedied. The clerk shall forthwith release the	94189
rent, less costs, to the park operator if the resident gives	94190
written notice to the clerk that the condition has been remedied.	94191

(2) Apply to the court for release of the rent on the grounds	94192
that the resident did not comply with the notice requirement of	94193
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	94194
that the resident was not current in rent payments due under the	94195
rental agreement at the time the resident initiated rent deposits	94196
with the clerk of courts under division (B)(1) of section ~~3733.12~~	94197
4781.41 of the Revised Code;	94198

(3) Apply to the court for release of the rent on the grounds	94199
that there was no violation of any obligation imposed upon the	94200
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	94201
the rental agreement, or by any building, housing, health, or	94202
safety code, or that the condition contained in the notice given	94203
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	94204
Code has been remedied.	94205

(B) The resident shall be named as a party to any action	94206
filed by the park operator under this section, and shall have the	94207
right to file an answer and counterclaim, as in other civil cases.	94208
A trial shall be held within sixty days of the date of filing of	94209
the park operator's complaint, unless for good cause shown the	94210
court grants a continuance.	94211

(C) If the court finds that there was no violation of any	94212
obligation imposed upon the park operator by section ~~3733.10~~	94213
4781.38 of the Revised Code or by the rental agreement, or by any	94214
building, housing, health, or safety code, or that the condition	94215
contained in the notice given pursuant to division (A) of section	94216
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	94217
resident did not comply with the notice requirement of division	94218
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	94219
resident was not current in rent payments at the time the resident	94220
initiated rent deposits with the clerk of court under division	94221
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	94222
shall order the release to the park operator of rent on deposit	94223
with the clerk, less costs.	94224

(D) If the court finds that the condition contained in the	94225
notice given pursuant to division (A) of section ~~3733.12~~4781.41	94226
of the Revised Code was the result of an act or omission of the	94227
resident, or that the resident intentionally acted in bad faith in	94228
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	94229
resident shall be liable for damages caused to the park operator,	94230
and for costs, together with reasonable attorneys' fees if the	94231
resident intentionally acted in bad faith.	94232

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	94233
action for the release of rent deposited with a clerk of court,	94234
the court may, during the pendency of the action, upon application	94235
of the park operator, release part of the rent on deposit for	94236
payment of the periodic interest on a mortgage on the premises,	94237
the periodic principal payments on a mortgage on the premises, the	94238
insurance premiums for the premises, real estate taxes on the	94239
premises, utility services, repairs, and other customary and usual	94240
costs of operating the premises.	94241

(B) In determining whether to release rent for the payments	94242
described in division (A) of this section, the court shall	94243
consider the amount of rent the park operator receives from other	94244
lots, the cost of operating these lots, and the costs which may be	94245
required to remedy the condition contained in the notice given	94246
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	94247
Code.	94248

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	94249
violation of the rules of the manufactured home park, of the	94250
~~public health council~~manufactured homes commission, or of	94251
applicable state and local health and safety codes, the park	94252
operator may deliver a written notification of the violation to	94253
the resident. The notification shall contain all of the following:	94254

(A) A description of the violation;

94255

(B) A statement that the rental agreement will terminate upon	94256
a date specified in the written notice not less than thirty days	94257
after receipt of the notice unless the resident remedies the	94258
violation;	94259

(C) A statement that the violation was material and that if a	94260
second material violation of any park or ~~public health council~~	94261
commission rule, or any health and safety code, occurs within six	94262
months after the date of this notice, the rental agreement will	94263
terminate immediately;	94264

(D) A statement that a defense available to termination of	94265
the rental agreement for two material violations of park or ~~public~~	94266
~~health council~~commission rules, or of health and safety codes, is	94267
that the park rule is unreasonable, or that the park or ~~public~~	94268
~~health councilrule~~commission, or health or safety code, is not	94269
being enforced against other manufactured home park residents, or	94270
that the two violations were not willful and not committed in bad	94271
faith.	94272

If the resident remedies the condition described in the	94273
notice, whether by repair, the payment of damages, or otherwise,	94274
the rental agreement shall not terminate. The park operator may	94275
terminate the rental agreement immediately if the resident commits	94276
a second material violation of the park or ~~public health council~~	94277
commission rules, or of applicable state and local health and	94278
safety codes, subject to the defense that the park rule is	94279
unreasonable, that the park or ~~public health council~~commission	94280
rule, or health or safety code, is not being enforced against	94281
other manufactured home park residents, or that the two violations	94282
were not willful and not committed in bad faith.	94283

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	94284
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	94285
recover damages for the breach of contract or the breach of any	94286
duty that is imposed by law.	94287

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	94288
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	94289
waived by any oral or written agreement except as provided in	94290
division (F) of this section.	94291

(B) No warrant of attorney to confess judgment shall be	94292
recognized in any rental agreement or in any other agreement	94293
between a park operator and resident for the recovery of rent or	94294
damages to the residential premises.	94295

(C) No agreement to pay the park operator's or resident's	94296
attorney fees shall be recognized in any rental agreement for	94297
residential premises or in any other agreement between a park	94298
operator and resident.	94299

(D) No agreement by a resident to the exculpation or	94300
limitation of any liability of the park operator arising under law	94301
or to indemnify the park operator for that liability or its	94302
related costs shall be recognized in any rental agreement or in	94303
any other agreement between a park operator and resident.	94304

(E) A rental agreement, or the assignment, conveyance, trust	94305
deed, or security instrument of the park operator's interest in	94306
the rental agreement may not permit the receipt of rent free of	94307
the obligation to comply with section ~~3733.10~~4781.38 of the	94308
Revised Code.	94309

(F) The park operator may agree to assume responsibility for	94310
fulfilling any duty or obligation imposed on a resident by section	94311
~~3733.101~~4781.39 of the Revised Code.	94312

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	94313
finds a rental agreement, or any clause of it, to have been	94314
unconscionable at the time it was made, it may refuse to enforce	94315
the rental agreement or it may enforce the remainder of the rental	94316
agreement without the unconscionable clause, or it may so limit	94317
the application of any unconscionable clause as to avoid any	94318
unconscionable result.	94319

(B) When it is claimed or appears to the court that the	94320
rental agreement, or any clause of it, may be unconscionable, the	94321
parties shall be afforded a reasonable opportunity to present	94322
evidence as to its setting, purpose, and effect to aid the court	94323
in making the determination.	94324

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	94325
premises shall initiate any act, including termination of	94326
utilities or services, exclusion from the premises, or threat of	94327
any unlawful act, against a resident, or a resident whose right to	94328
possession has terminated, for the purpose of recovering	94329
possession of residential premises, other than as provided in	94330
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	94331

(B) No park operator of residential premises shall seize the	94332
furnishings or possessions of a resident, or of a resident whose	94333
right to possession was terminated, for the purpose of recovering	94334
rent payments, other than in accordance with an order issued by a	94335
court of competent jurisdiction.	94336

(C) A park operator who violates this section is liable in a	94337
civil action for all damages caused to a resident, or to a	94338
resident whose right to possession has terminated, together with	94339
reasonable attorneys' fees.	94340

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	94341
fifty dollars or one month's periodic rent, whichever is greater,	94342
shall bear interest on the excess at the rate of five per cent per	94343
annum if the resident remains in possession of the premises for	94344
six months or more, and shall be computed and paid annually by the	94345
park operator to the resident.	94346

(B) Upon termination of the rental agreement any property or	94347
money held by the park operator as a security deposit may be	94348
applied to the payment of past due rent and to the payment of the	94349
amount of damages that the park operator has suffered by reason of	94350
the resident's noncompliance with section ~~3733.101~~4781.39 of the	94351
Revised Code or the rental agreement. Any deduction from the	94352
security deposit shall be itemized and identified by the park	94353
operator in a written notice delivered to the resident together	94354
with the amount due, within thirty days after termination of the	94355
rental agreement and delivery of possession. The resident shall	94356
provide the park operator in writing with a forwarding address or	94357
new address to which the written notice and amount due from the	94358
park operator may be sent. If the resident fails to provide the	94359
park operator with the forwarding or new address as required, the	94360
resident shall not be entitled to damages or attorneys' fees under	94361
division (C) of this section.	94362

(C) If the park operator fails to comply with division (B) of	94363
this section, the resident may recover the property and money due	94364
~~him~~the resident, together with damages in an amount equal to the	94365
amount wrongfully withheld, and reasonable attorneys' fees.	94366

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	94367
residential premises shall contain the name and address of the	94368
owner of the residential premises and the name and address of the	94369
owner's agent, if any. If the owner or the owner's agent is a	94370
corporation, partnership, limited partnership, association, trust,	94371
or other entity, the address shall be the principal place of	94372
business in the county in which the residential premises are	94373
situated or if there is no place of business in such county then	94374
its principal place of business in this state, and shall include	94375
the name of the person in charge thereof.	94376

(B) If the rental agreement is oral, the park operator, at	94377
the commencement of the term of occupancy, shall deliver to the	94378
resident a written notice containing the information required in	94379
division (A) of this section.	94380

(C) If the park operator fails to provide the notice of the	94381
name and address of the owner and owner's agent, if any, as	94382
required under division (A) or (B) of this section, the notices to	94383
the park operator required under division (A) of sections ~~3733.12~~	94384
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	94385
park operator and the operator's agent.	94386

(D) Every written rental agreement for residential premises	94387
shall contain the following notice in ten-point boldface type:	94388

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	94389
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	94390
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	94391
AGREEMENTS IN MANUFACTURED HOME PARKS."	94392

If the rental agreement is oral, the park operator, at the	94393
commencement of the term of occupancy, shall deliver the notice to	94394
the resident in writing.	94395

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	94396
continue in existence any ordinance and no township may adopt or	94397
continue in existence any resolution that is in conflict with	94398
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	94399
or that regulates those rights and obligations of parties to a	94400
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	94401
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	94402
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	94403
building, health, or safety codes of any municipal corporation or	94404
township.	94405

Sec. 4781.54. There is hereby created in the state treasury	94406
the manufactured homes commission regulatory fund. The fund shall	94407
consist of fees collected under section 4781.121 of the Revised	94408
Code and fees paid under section 4781.28 of the Revised Code and	94409
shall be used for the purposes described in those sections.	94410

Sec. 4781.99. (A) Whoever violates division (A) of section	94411
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	94412
first offense and shall be subject to a mandatory fine of one	94413
hundred dollars. On a second offense, the person is guilty of a	94414
misdemeanor of the first degree and shall be subject to a	94415
mandatory fine of one thousand dollars.	94416

(B) Whoever violates section 4781.20 of the Revised Code is	94417
guilty of a minor misdemeanor.	94418

(C) Whoever violates any of the following is guilty of a	94419
misdemeanor of the fourth degree:	94420

(1) Division (B) or (C) of section 4781.16 of the Revised	94421
Code;	94422

(2) Section 4781.22 of the Revised Code;

94423

(3) Section 4781.23 of the Revised Code;

94424

(4) Division (A) of section 4781.24 of the Revised Code;

94425

(5) Section 4781.25 of the Revised Code;

94426

(6) Division (A) of section 4781.35 of the Revised Code.

94427

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	94428
Revised Code:	94429

(A) "Contiguous property" includes, but is not limited to, a	94430
manufactured home park as defined in section ~~3733.01~~4781.01 of	94431
the Revised Code; a public or publicly subsidized housing project;	94432
an apartment complex; a condominium complex; a college or	94433
university; an office complex; a shopping center; a hotel; an	94434
industrial park; and a race track.	94435

(B) "Gas" means natural gas, flammable gas, or gas which is	94436
toxic or corrosive.	94437

(C) "Gathering lines" and the "gathering of gas" have the	94438
same meaning as in the Natural Gas Pipeline Safety Act and the	94439
rules adopted by the United States department of transportation	94440
pursuant to the Natural Gas Pipeline Safety Act, including 49	94441
C.F.R. part 192, as amended.	94442

(D) "Intrastate pipe-line transportation" has the same	94443
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	94444
amended, but excludes the gathering of gas exempted by the Natural	94445
Gas Pipeline Safety Act.	94446

(E) "Master-meter system" means a pipe-line system that	94447
distributes gas within a contiguous property for which the system	94448
operator purchases gas for resale to consumers, including tenants.	94449
Such pipe-line system supplies consumers who purchase the gas	94450
directly through a meter, or by paying rent, or by other means.	94451
The term includes a master-meter system as defined in 49 C.F.R.	94452
191.3, as amended. The term excludes a pipeline within a	94453
manufactured home, mobile home, or a building.	94454

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	94455
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	94456
et seq., as amended.	94457

(G) "Operator" means any of the following:

94458

(1) A gas company or natural gas company as defined in	94459
section 4905.03 of the Revised Code, except that division (A)(5)	94460
of that section does not authorize the public utilities commission	94461
to relieve any producer of gas, as a gas company or natural gas	94462
company, of compliance with sections 4905.90 to 4905.96 of the	94463
Revised Code or the pipe-line safety code created under section	94464
4905.91 of the Revised Code;	94465

(2) A pipe-line company, as defined in section 4905.03 of the	94466
Revised Code, when engaged in the business of transporting gas by	94467
pipeline;	94468

(3) A public utility that is excepted from the definition of	94469
"public utility" under division (B) or (C) of section 4905.02 of	94470
the Revised Code, when engaged in supplying or transporting gas by	94471
pipeline within this state;	94472

(4) Any person that owns, operates, manages, controls, or	94473
leases any of the following:	94474

(a) Intrastate pipe-line transportation facilities within	94475
this state;	94476

(b) Gas gathering lines within this state which are not	94477
exempted by the Natural Gas Pipeline Safety Act;	94478

94479

"Operator" does not include an ultimate consumer who owns a	94480
service line, as defined in 49 C.F.R. 192.3, as amended, on the	94481
real property of that ultimate consumer.	94482

(H) "Operator of a master-meter system" means a person	94483
described under division ~~(F)~~(G)(4)(c) of this section. An operator	94484
of a master-meter system is not a public utility under section	94485
4905.02 or a gas or natural gas company under section 4905.03 of	94486
the Revised Code.	94487

(I) "Person" means:

94488

(1) In addition to those defined in division (C) of section	94489
1.59 of the Revised Code, a joint venture or a municipal	94490
corporation;	94491

(2) Any trustee, receiver, assignee, or personal	94492
representative of persons defined in division ~~(H)~~(I)(1) of this	94493
section.	94494

(J) "Safety audit" means the public utilities commission's	94495
audit of the premises, pipe-line facilities, and the records,	94496
maps, and other relevant documents of a master-meter system to	94497
determine the operator's compliance with sections 4905.90 to	94498
4905.96 of the Revised Code and the pipe-line safety code.	94499

(K) "Safety inspection" means any inspection, survey, or	94500
testing of a master-meter system which is authorized or required	94501
by sections 4905.90 to 4905.96 of the Revised Code and the	94502
pipe-line safety code. The term includes, but is not limited to,	94503
leak surveys, inspection of regulators and critical valves, and	94504
monitoring of cathodic protection systems, where applicable.	94505

(L) "Safety-related condition" means any safety-related	94506
condition defined in 49 C.F.R. 191.23, as amended.	94507

(M) "Total Mcfs of gas it supplied or delivered" means the	94508
sum of the following volumes of gas that an operator supplied or	94509
delivered, measured in units per one thousand cubic feet:	94510

(1) Residential sales;

94511

(2) Commercial and industrial sales;

94512

(3) Other sales to public authorities;

94513

(4) Interdepartmental sales;

94514

(5) Sales for resale;

94515

(6) Transportation of gas.

94516

Sec. 4906.01. As used in Chapter 4906. of the Revised Code:

94517

(A) "Person" means an individual, corporation, business	94518
trust, association, estate, trust, or partnership or any officer,	94519
board, commission, department, division, or bureau of the state or	94520
a political subdivision of the state, or any other entity.	94521

(B)(1) "Major utility facility" means:

94522

~~(1)~~(a) Electric generating plant and associated facilities	94523
designed for, or capable of, operation at a capacity of fifty	94524
megawatts or more;	94525

~~(2)~~(b) An electric transmission line and associated	94526
facilities of a design capacity of one hundred twenty-five	94527
kilovolts or more;	94528

~~(3)~~(c) A gas or natural gas transmission line and associated	94529
facilities designed for, or capable of, transporting gas or	94530
natural gas at pressures in excess of one hundred twenty-five	94531
pounds per square inch.	94532

(2) "Major utility facility" does not include ~~electric~~gas or	94533
natural gas transmission lines over which an agency of the United	94534
States has exclusive jurisdiction, any solid waste facilities as	94535
defined in section 6123.01 of the Revised Code, or either of the	94536
following as defined by the power siting board:	94537

(a) Electric, gas, natural gas distributing lines and gas or	94538
natural gas gathering lines and associated facilities ~~as defined~~	94539
~~by the power siting board, nor gas or natural gas transmission~~	94540
~~lines over which an agency of the United States has exclusive~~	94541
~~jurisdiction, nor any solid waste facilities as defined in section~~	94542
~~6123.01 of the Revised Code~~;	94543

(b) Any manufacturing facility that creates byproducts that	94544
may be used in the generation of electricity.	94545

(C) "Commence to construct" means any clearing of land,	94546
excavation, or other action that would adversely affect the	94547
natural environment of the site or route of a major utility	94548
facility, but does not include surveying changes needed for	94549
temporary use of sites or routes for nonutility purposes, or uses	94550
in securing geological data, including necessary borings to	94551
ascertain foundation conditions.	94552

(D) "Certificate" means a certificate of environmental	94553
compatibility and public need issued by the power siting board	94554
under section 4906.10 of the Revised Code or a construction	94555
certificate issued by the board under rules adopted under division	94556
(E) of section 4906.03 of the Revised Code.	94557

Sec. 4909.15. (A) The public utilities commission, when	94558
fixing and determining just and reasonable rates, fares, tolls,	94559
rentals, and charges, shall determine:	94560

(1) The valuation as of the date certain of the property of	94561
the public utility used and useful in rendering the public utility	94562
service for which rates are to be fixed and determined. The	94563
valuation so determined shall be the total value as set forth in	94564
division (J) of section 4909.05 of the Revised Code, and a	94565
reasonable allowance for materials and supplies and cash working	94566
capital, as determined by the commission.	94567

The commission, in its discretion, may include in the	94568
valuation a reasonable allowance for construction work in progress	94569
but, in no event, may such an allowance be made by the commission	94570
until it has determined that the particular construction project	94571
is at least seventy-five per cent complete.	94572

In determining the percentage completion of a particular	94573
construction project, the commission shall consider, among other	94574
relevant criteria, the per cent of time elapsed in construction;	94575
the per cent of construction funds, excluding allowance for funds	94576
used during construction, expended, or obligated to such	94577
construction funds budgeted where all such funds are adjusted to	94578
reflect current purchasing power; and any physical inspection	94579
performed by or on behalf of any party, including the commission's	94580
staff.	94581

A reasonable allowance for construction work in progress	94582
shall not exceed ten per cent of the total valuation as stated in	94583
this division, not including such allowance for construction work	94584
in progress.	94585

Where the commission permits an allowance for construction	94586
work in progress, the dollar value of the project or portion	94587
thereof included in the valuation as construction work in progress	94588
shall not be included in the valuation as plant in service until	94589
such time as the total revenue effect of the construction work in	94590
progress allowance is offset by the total revenue effect of the	94591
plant in service exclusion. Carrying charges calculated in a	94592
manner similar to allowance for funds used during construction	94593
shall accrue on that portion of the project in service but not	94594
reflected in rates as plant in service, and such accrued carrying	94595
charges shall be included in the valuation of the property at the	94596
conclusion of the offset period for purposes of division (J) of	94597
section 4909.05 of the Revised Code.	94598

From and after April 10, 1985, no allowance for construction	94599
work in progress as it relates to a particular construction	94600
project shall be reflected in rates for a period exceeding	94601
forty-eight consecutive months commencing on the date the initial	94602
rates reflecting such allowance become effective, except as	94603
otherwise provided in this division.	94604

The applicable maximum period in rates for an allowance for	94605
construction work in progress as it relates to a particular	94606
construction project shall be tolled if, and to the extent, a	94607
delay in the in-service date of the project is caused by the	94608
action or inaction of any federal, state, county, or municipal	94609
agency having jurisdiction, where such action or inaction relates	94610
to a change in a rule, standard, or approval of such agency, and	94611
where such action or inaction is not the result of the failure of	94612
the utility to reasonably endeavor to comply with any rule,	94613
standard, or approval prior to such change.	94614

In the event that such period expires before the project goes	94615
into service, the commission shall exclude, from the date of	94616
expiration, the allowance for the project as construction work in	94617
progress from rates, except that the commission may extend the	94618
expiration date up to twelve months for good cause shown.	94619

In the event that a utility has permanently canceled,	94620
abandoned, or terminated construction of a project for which it	94621
was previously permitted a construction work in progress	94622
allowance, the commission immediately shall exclude the allowance	94623
for the project from the valuation.	94624

In the event that a construction work in progress project	94625
previously included in the valuation is removed from the valuation	94626
pursuant to this division, any revenues collected by the utility	94627
from its customers after April 10, 1985, that resulted from such	94628
prior inclusion shall be offset against future revenues over the	94629
same period of time as the project was included in the valuation	94630
as construction work in progress. The total revenue effect of such	94631
offset shall not exceed the total revenues previously collected.	94632

In no event shall the total revenue effect of any offset or	94633
offsets provided under division (A)(1) of this section exceed the	94634
total revenue effect of any construction work in progress	94635
allowance.	94636

(2) A fair and reasonable rate of return to the utility on	94637
the valuation as determined in division (A)(1) of this section;	94638

(3) The dollar annual return to which the utility is entitled	94639
by applying the fair and reasonable rate of return as determined	94640
under division (A)(2) of this section to the valuation of the	94641
utility determined under division (A)(1) of this section;	94642

(4) The cost to the utility of rendering the public utility	94643
service for the test period less the total of any interest on cash	94644
or credit refunds paid, pursuant to section 4909.42 of the Revised	94645
Code, by the utility during the test period.	94646

(a) Federal, state, and local taxes imposed on or measured by	94647
net income may, in the discretion of the commission, be computed	94648
by the normalization method of accounting, provided the utility	94649
maintains accounting reserves that reflect differences between	94650
taxes actually payable and taxes on a normalized basis, provided	94651
that no determination as to the treatment in the rate-making	94652
process of such taxes shall be made that will result in loss of	94653
any tax depreciation or other tax benefit to which the utility	94654
would otherwise be entitled, and further provided that such tax	94655
benefit as redounds to the utility as a result of such a	94656
computation may not be retained by the company, used to fund any	94657
dividend or distribution, or utilized for any purpose other than	94658
the defrayal of the operating expenses of the utility and the	94659
defrayal of the expenses of the utility in connection with	94660
construction work.	94661

(b) The amount of any tax credits granted to an electric	94662
light company under section 5727.391 of the Revised Code for Ohio	94663
coal burned prior to January 1, 2000, shall not be retained by the	94664
company, used to fund any dividend or distribution, or utilized	94665
for any purposes other than the defrayal of the allowable	94666
operating expenses of the company and the defrayal of the	94667
allowable expenses of the company in connection with the	94668
installation, acquisition, construction, or use of a compliance	94669
facility. The amount of the tax credits granted to an electric	94670
light company under that section for Ohio coal burned prior to	94671
January 1, 2000, shall be returned to its customers within three	94672
years after initially claiming the credit through an offset to the	94673
company's rates or fuel component, as determined by the	94674
commission, as set forth in schedules filed by the company under	94675
section 4905.30 of the Revised Code. As used in division	94676
(A)(4)~~(c)~~(b) of this section, "compliance facility" has the same	94677
meaning as in section 5727.391 of the Revised Code.	94678

(B) The commission shall compute the gross annual revenues to	94679
which the utility is entitled by adding the dollar amount of	94680
return under division (A)(3) of this section to the cost of	94681
rendering the public utility service for the test period under	94682
division (A)(4) of this section.	94683

(C) The test period, unless otherwise ordered by the	94684
commission, shall be the twelve-month period beginning six months	94685
prior to the date the application is filed and ending six months	94686
subsequent to that date. In no event shall the test period end	94687
more than nine months subsequent to the date the application is	94688
filed. The revenues and expenses of the utility shall be	94689
determined during the test period. The date certain shall be not	94690
later than the date of filing.	94691

(D) ~~When the~~(1) The commission shall fix and determine the	94692
just and reasonable rate, fare, charge, toll, rental, or service	94693
to be rendered, charged, demanded, exacted, or collected for the	94694
performance or rendition of a service that will provide a public	94695
utility the allowable gross annual revenues under division (B) of	94696
this section, and order such just and reasonable rate, fare,	94697
charge, toll, rental, or service to be substituted for the	94698
existing one, when either of the following apply:	94699

(a) The commission is of the opinion, after hearing and after	94700
making the determinations under divisions (A) and (B) of this	94701
section, that any of the following apply:	94702

(i) Any rate, fare, charge, toll, rental, schedule,	94703
classification, or service, or any joint rate, fare, charge, toll,	94704
rental, schedule, classification, or service rendered, charged,	94705
demanded, exacted, or proposed to be rendered, charged, demanded,	94706
or exacted, is, or will be, unjust, unreasonable, unjustly	94707
discriminatory, unjustly preferential, or in violation of law,	94708
~~that the~~.	94709

(ii) The service is, or will be, inadequate~~, or that the~~.

94710

(iii) The maximum rates, charges, tolls, or rentals	94711
chargeable by any such public utility are insufficient to yield	94712
reasonable compensation for the service rendered, and are unjust	94713
and unreasonable~~, the commission shall~~.	94714

(b) A public utility's rate, fare, charge, toll, rental, or	94715
schedule, or joint rate, fare, charge, toll, rental, or schedule,	94716
charged, demanded, exacted, or proposed to be charged, demanded,	94717
or exacted, was, or will be, determined in part based on the	94718
utility's payments of assessments under section 4911.18 of the	94719
Revised Code that were based on an appropriation to the office of	94720
the consumers' counsel for fiscal year 2011 or a prior fiscal year	94721
and that exceeded the minimum assessment under that section.	94722

(2) The commission shall make the fixations and	94723
determinations under division (D)(1)(a) of this section:	94724

~~(1)~~(a) With due regard among other things to the value of all	94725
property of the public utility actually used and useful for the	94726
convenience of the public as determined under division (A)(1) of	94727
this section, excluding from such value the value of any franchise	94728
or right to own, operate, or enjoy the same in excess of the	94729
amount, exclusive of any tax or annual charge, actually paid to	94730
any political subdivision of the state or county, as the	94731
consideration for the grant of such franchise or right, and	94732
excluding any value added to such property by reason of a monopoly	94733
or merger, with due regard in determining the dollar annual return	94734
under division (A)(3) of this section to the necessity of making	94735
reservation out of the income for surplus, depreciation, and	94736
contingencies, and;	94737

~~(2)~~(b) With due regard to all such other matters as are	94738
proper, according to the facts in each case,	94739

~~(a)~~(i) Including a fair and reasonable rate of return	94740
determined by the commission with reference to a cost of debt	94741
equal to the actual embedded cost of debt of such public utility,	94742

~~(b)~~(ii) But not including the portion of any periodic rental	94743
or use payments representing that cost of property that is	94744
included in the valuation report under divisions (F) and (G) of	94745
section 4909.05 of the Revised Code~~, fix and determine the just~~	94746
~~and reasonable rate, fare, charge, toll, rental, or service to be~~	94747
~~rendered, charged, demanded, exacted, or collected for the~~	94748
~~performance or rendition of the service that will provide the~~	94749
~~public utility the allowable gross annual revenues under division~~	94750
~~(B) of this section, and order such just and reasonable rate,~~	94751
~~fare, charge, toll, rental, or service to be substituted for the~~	94752
~~existing one. After such determination~~.	94753

(3) The commission shall make the fixations and	94754
determinations under division (D)(1)(b) of this section	94755
exclusively with regard to the payments of assessments that are	94756
required to be calculated based on the appropriation to the office	94757
of the consumers' counsel for fiscal year 2012. The commission	94758
shall make all such fixations and determinations on or before	94759
December 31, 2011, unless the public utility has filed an	94760
application with the commission under section 4909.18 of the	94761
Revised Code and the application is pending on the effective date	94762
of this section.	94763

(4) After a determination and order made under division (D)	94764
of this section, no change in the rate, fare, toll, charge,	94765
rental, schedule, classification, or service shall be made,	94766
rendered, charged, demanded, exacted, or changed by such public	94767
utility without the order of the commission, and any other rate,	94768
fare, toll, charge, rental, classification, or service is	94769
prohibited.	94770

(E) Upon application of any person or any public utility, and	94771
after notice to the parties in interest and opportunity to be	94772
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909.,	94773
4921., and 4923. of the Revised Code for other hearings, has been	94774
given, the commission may rescind, alter, or amend an order fixing	94775
any rate, fare, toll, charge, rental, classification, or service,	94776
or any other order made by the commission. Certified copies of	94777
such orders shall be served and take effect as provided for	94778
original orders.	94779

Sec. 4911.02. (A) The consumers' counsel shall be appointed	94780
by the consumers' counsel governing board, and shall hold office	94781
at the pleasure of the board.	94782

(B)(1) The counsel may sue or be sued and has the powers and	94783
duties granted ~~him~~the counsel under this chapter, and all	94784
necessary powers to carry out the purposes of this chapter.	94785

(2) Without limitation because of enumeration, the counsel:

94786

(a) Shall have all the rights and powers of any party in	94787
interest appearing before the public utilities commission	94788
regarding examination and cross-examination of witnesses,	94789
presentation of evidence, and other matters;	94790

(b) May take appropriate action with respect to residential	94791
consumer complaints concerning quality of service, service	94792
charges, and the operation of the public utilities commission;	94793

(c) May institute, intervene in, or otherwise participate in	94794
proceedings in both state and federal courts and administrative	94795
agencies on behalf of the residential consumers concerning review	94796
of decisions rendered by, or failure to act by, the public	94797
utilities commission;	94798

(d) May conduct long range studies concerning various topics	94799
relevant to the rates charged to ~~residenial~~residential consumers.	94800

(C) The counsel shall follow the policies of the state as set	94801
forth in Chapter 4929. of the Revised Code.	94802

Sec. 4911.021. The consumers' counsel shall not operate a	94803
telephone call center for consumer complaints. Any calls received	94804
by the consumers' counsel concerning consumer complaints shall be	94805
forwarded to the public utilities commission's call center.	94806

Sec. 4928.18. (A) Notwithstanding division (D)(2)~~(a)~~(b)(i)	94807
of section 4909.15 of the Revised Code, nothing in this chapter	94808
prevents the public utilities commission from exercising its	94809
authority under Title XLIX of the Revised Code to protect	94810
customers of retail electric service supplied by an electric	94811
utility from any adverse effect of the utility's provision of a	94812
product or service other than retail electric service.	94813

(B) The commission has jurisdiction under section 4905.26 of	94814
the Revised Code, upon complaint of any person or upon complaint	94815
or initiative of the commission on or after the starting date of	94816
competitive retail electric service, to determine whether an	94817
electric utility or its affiliate has violated any provision of	94818
section 4928.17 of the Revised Code or an order issued or rule	94819
adopted under that section. For this purpose, the commission may	94820
examine such books, accounts, or other records kept by an electric	94821
utility or its affiliate as may relate to the businesses for which	94822
corporate separation is required under section 4928.17 of the	94823
Revised Code, and may investigate such utility or affiliate	94824
operations as may relate to those businesses and investigate the	94825
interrelationship of those operations. Any such examination or	94826
investigation by the commission shall be governed by Chapter 4903.	94827
of the Revised Code.	94828

(C) In addition to any remedies otherwise provided by law,	94829
the commission, regarding a determination of a violation pursuant	94830
to division (B) of this section, may do any of the following:	94831

(1) Issue an order directing the utility or affiliate to	94832
comply;	94833

(2) Modify an order as the commission finds reasonable and	94834
appropriate and order the utility or affiliate to comply with the	94835
modified order;	94836

(3) Suspend or abrogate an order, in whole or in part;

94837

(4) Issue an order that the utility or affiliate pay	94838
restitution to any person injured by the violation or failure to	94839
comply;	94840

(D) In addition to any remedies otherwise provided by law,	94841
the commission, regarding a determination of a violation pursuant	94842
to division (B) of this section and commensurate with the severity	94843
of the violation, the source of the violation, any pattern of	94844
violations, or any monetary damages caused by the violation, may	94845
do either of the following:	94846

(1) Impose a forfeiture on the utility or affiliate of up to	94847
twenty-five thousand dollars per day per violation. The recovery	94848
and deposit of any such forfeiture shall be subject to sections	94849
4905.57 and 4905.59 of the Revised Code.	94850

(2) Regarding a violation by an electric utility relating to	94851
a corporate separation plan involving competitive retail electric	94852
service, suspend or abrogate all or part of an order, to the	94853
extent it is in effect, authorizing an opportunity for the utility	94854
to receive transition revenues under a transition plan approved by	94855
the commission under section 4928.33 of the Revised Code.	94856

Corporate separation under this section does not prohibit the	94857
common use of employee benefit plans, facilities, equipment, or	94858
employees, subject to proper accounting and the code of conduct	94859
ordered by the commission as provided in division (A)(1) of this	94860
section.	94861

(E) Section 4905.61 of the Revised Code applies in the case	94862
of any violation of section 4928.17 of the Revised Code or of any	94863
rule adopted or order issued under that section.	94864

Sec. 4928.20. (A) The legislative authority of a municipal	94865
corporation may adopt an ordinance, or the board of township	94866
trustees of a township or the board of county commissioners of a	94867
county may adopt a resolution, under which, on or after the	94868
starting date of competitive retail electric service, it may	94869
aggregate in accordance with this section the retail electrical	94870
loads located, respectively, within the municipal corporation,	94871
township, or unincorporated area of the county and, for that	94872
purpose, may enter into service agreements to facilitate for those	94873
loads the sale and purchase of electricity. The legislative	94874
authority or board also may exercise such authority jointly with	94875
any other such legislative authority or board. For customers that	94876
are not mercantile customers, an ordinance or resolution under	94877
this division shall specify whether the aggregation will occur	94878
only with the prior, affirmative consent of each person owning,	94879
occupying, controlling, or using an electric load center proposed	94880
to be aggregated or will occur automatically for all such persons	94881
pursuant to the opt-out requirements of division (D) of this	94882
section. The aggregation of mercantile customers shall occur only	94883
with the prior, affirmative consent of each such person owning,	94884
occupying, controlling, or using an electric load center proposed	94885
to be aggregated. Nothing in this division, however, authorizes	94886
the aggregation of the retail electric loads of an electric load	94887
center, as defined in section 4933.81 of the Revised Code, that is	94888
located in the certified territory of a nonprofit electric	94889
supplier under sections 4933.81 to 4933.90 of the Revised Code or	94890
an electric load center served by transmission or distribution	94891
facilities of a municipal electric utility.	94892

(B) If an ordinance or resolution adopted under division (A)	94893
of this section specifies that aggregation of customers that are	94894
not mercantile customers will occur automatically as described in	94895
that division, the ordinance or resolution shall direct the board	94896
of elections to submit the question of the authority to aggregate	94897
to the electors of the respective municipal corporation, township,	94898
or unincorporated area of a county at a special election on the	94899
day of the next primary or general election in the municipal	94900
corporation, township, or county. The legislative authority or	94901
board shall certify a copy of the ordinance or resolution to the	94902
board of elections not less than ninety days before the day of the	94903
special election. No ordinance or resolution adopted under	94904
division (A) of this section that provides for an election under	94905
this division shall take effect unless approved by a majority of	94906
the electors voting upon the ordinance or resolution at the	94907
election held pursuant to this division.	94908

(C) Upon the applicable requisite authority under divisions	94909
(A) and (B) of this section, the legislative authority or board	94910
shall develop a plan of operation and governance for the	94911
aggregation program so authorized. Before adopting a plan under	94912
this division, the legislative authority or board shall hold at	94913
least two public hearings on the plan. Before the first hearing,	94914
the legislative authority or board shall publish notice of the	94915
hearings once a week for two consecutive weeks in a newspaper of	94916
general circulation in the jurisdiction or as provided in section	94917
7.16 of the Revised Code. The notice shall summarize the plan and	94918
state the date, time, and location of each hearing.	94919

(D) No legislative authority or board, pursuant to an	94920
ordinance or resolution under divisions (A) and (B) of this	94921
section that provides for automatic aggregation of customers that	94922
are not mercantile customers as described in division (A) of this	94923
section, shall aggregate the electrical load of any electric load	94924
center located within its jurisdiction unless it in advance	94925
clearly discloses to the person owning, occupying, controlling, or	94926
using the load center that the person will be enrolled	94927
automatically in the aggregation program and will remain so	94928
enrolled unless the person affirmatively elects by a stated	94929
procedure not to be so enrolled. The disclosure shall state	94930
prominently the rates, charges, and other terms and conditions of	94931
enrollment. The stated procedure shall allow any person enrolled	94932
in the aggregation program the opportunity to opt out of the	94933
program every three years, without paying a switching fee. Any	94934
such person that opts out before the commencement of the	94935
aggregation program pursuant to the stated procedure shall default	94936
to the standard service offer provided under section 4928.14 or	94937
division (D) of section 4928.35 of the Revised Code until the	94938
person chooses an alternative supplier.	94939

(E)(1) With respect to a governmental aggregation for a	94940
municipal corporation that is authorized pursuant to divisions (A)	94941
to (D) of this section, resolutions may be proposed by initiative	94942
or referendum petitions in accordance with sections 731.28 to	94943
731.41 of the Revised Code.	94944

(2) With respect to a governmental aggregation for a township	94945
or the unincorporated area of a county, which aggregation is	94946
authorized pursuant to divisions (A) to (D) of this section,	94947
resolutions may be proposed by initiative or referendum petitions	94948
in accordance with sections 731.28 to 731.40 of the Revised Code,	94949
except that:	94950

(a) The petitions shall be filed, respectively, with the	94951
township fiscal officer or the board of county commissioners, who	94952
shall perform those duties imposed under those sections upon the	94953
city auditor or village clerk.	94954

(b) The petitions shall contain the signatures of not less	94955
than ten per cent of the total number of electors in,	94956
respectively, the township or the unincorporated area of the	94957
county who voted for the office of governor at the preceding	94958
general election for that office in that area.	94959

(F) A governmental aggregator under division (A) of this	94960
section is not a public utility engaging in the wholesale purchase	94961
and resale of electricity, and provision of the aggregated service	94962
is not a wholesale utility transaction. A governmental aggregator	94963
shall be subject to supervision and regulation by the public	94964
utilities commission only to the extent of any competitive retail	94965
electric service it provides and commission authority under this	94966
chapter.	94967

(G) This section does not apply in the case of a municipal	94968
corporation that supplies such aggregated service to electric load	94969
centers to which its municipal electric utility also supplies a	94970
noncompetitive retail electric service through transmission or	94971
distribution facilities the utility singly or jointly owns or	94972
operates.	94973

(H) A governmental aggregator shall not include in its	94974
aggregation the accounts of any of the following:	94975

(1) A customer that has opted out of the aggregation;

94976

(2) A customer in contract with a certified electric services	94977
company;	94978

(3) A customer that has a special contract with an electric	94979
distribution utility;	94980

(4) A customer that is not located within the governmental	94981
aggregator's governmental boundaries;	94982

(5) Subject to division (C) of section 4928.21 of the Revised	94983
Code, a customer who appears on the "do not aggregate" list	94984
maintained under that section.	94985

(I) Customers that are part of a governmental aggregation	94986
under this section shall be responsible only for such portion of a	94987
surcharge under section 4928.144 of the Revised Code that is	94988
proportionate to the benefits, as determined by the commission,	94989
that electric load centers within the jurisdiction of the	94990
governmental aggregation as a group receive. The proportionate	94991
surcharge so established shall apply to each customer of the	94992
governmental aggregation while the customer is part of that	94993
aggregation. If a customer ceases being such a customer, the	94994
otherwise applicable surcharge shall apply. Nothing in this	94995
section shall result in less than full recovery by an electric	94996
distribution utility of any surcharge authorized under section	94997
4928.144 of the Revised Code.	94998

(J) On behalf of the customers that are part of a	94999
governmental aggregation under this section and by filing written	95000
notice with the public utilities commission, the legislative	95001
authority that formed or is forming that governmental aggregation	95002
may elect not to receive standby service within the meaning of	95003
division (B)(2)(d) of section 4928.143 of the Revised Code from an	95004
electric distribution utility in whose certified territory the	95005
governmental aggregation is located and that operates under an	95006
approved electric security plan under that section. Upon the	95007
filing of that notice, the electric distribution utility shall not	95008
charge any such customer to whom competitive retail electric	95009
generation service is provided by another supplier under the	95010
governmental aggregation for the standby service. Any such	95011
consumer that returns to the utility for competitive retail	95012
electric service shall pay the market price of power incurred by	95013
the utility to serve that consumer plus any amount attributable to	95014
the utility's cost of compliance with the alternative energy	95015
resource provisions of section 4928.64 of the Revised Code to	95016
serve the consumer. Such market price shall include, but not be	95017
limited to, capacity and energy charges; all charges associated	95018
with the provision of that power supply through the regional	95019
transmission organization, including, but not limited to,	95020
transmission, ancillary services, congestion, and settlement and	95021
administrative charges; and all other costs incurred by the	95022
utility that are associated with the procurement, provision, and	95023
administration of that power supply, as such costs may be approved	95024
by the commission. The period of time during which the market	95025
price and alternative energy resource amount shall be so assessed	95026
on the consumer shall be from the time the consumer so returns to	95027
the electric distribution utility until the expiration of the	95028
electric security plan. However, if that period of time is	95029
expected to be more than two years, the commission may reduce the	95030
time period to a period of not less than two years.	95031

(K) The commission shall adopt rules to encourage and promote	95032
large-scale governmental aggregation in this state. For that	95033
purpose, the commission shall conduct an immediate review of any	95034
rules it has adopted for the purpose of this section that are in	95035
effect on the effective date of the amendment of this section by	95036
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	95037
within the context of an electric security plan under section	95038
4928.143 of the Revised Code, the commission shall consider the	95039
effect on large-scale governmental aggregation of any	95040
nonbypassable generation charges, however collected, that would be	95041
established under that plan, except any nonbypassable generation	95042
charges that relate to any cost incurred by the electric	95043
distribution utility, the deferral of which has been authorized by	95044
the commission prior to the effective date of the amendment of	95045
this section by S.B. 221 of the 127th general assembly, July 31,	95046
2008.	95047

Sec. 4929.26. (A)(1) The legislative authority of a	95048
municipal corporation may adopt an ordinance, or the board of	95049
township trustees of a township or the board of county	95050
commissioners of a county may adopt a resolution, under which, in	95051
accordance with this section and except as otherwise provided in	95052
division (A)(2) of this section, the legislative authority or	95053
board may aggregate automatically, subject to the opt-out	95054
requirements of division (D) of this section, competitive retail	95055
natural gas service for the retail natural gas loads that are	95056
located, respectively, within the municipal corporation, township,	95057
or unincorporated area of the county and for which there is a	95058
choice of supplier of that service as a result of revised	95059
schedules approved under division (C) of section 4929.29 of the	95060
Revised Code, a rule or order adopted or issued by the commission	95061
under Chapter 4905. of the Revised Code, or an exemption granted	95062
by the commission under sections 4929.04 to 4929.08 of the Revised	95063
Code. An ordinance or a resolution adopted under this section	95064
shall expressly state that it is adopted pursuant to the authority	95065
conferred by this section. The legislative authority or board also	95066
may exercise its authority under this section jointly with any	95067
other such legislative authority or board. For the purpose of the	95068
aggregation, the legislative authority or board may enter into	95069
service agreements to facilitate the sale and purchase of the	95070
service for the retail natural gas loads.	95071

(2)(a) No aggregation under an ordinance or resolution	95072
adopted under division (A)(1) of this section shall include the	95073
retail natural gas load of any person that meets any of the	95074
following criteria:	95075

(i) The person is both a distribution service customer and a	95076
mercantile customer on the date of commencement of service to the	95077
aggregated load, or the person becomes a distribution service	95078
customer after that date and also is a mercantile customer.	95079

(ii) The person is supplied with commodity sales service	95080
pursuant to a contract with a retail natural gas supplier that is	95081
in effect on the effective date of the ordinance or resolution.	95082

(iii) The person is supplied with commodity sales service as	95083
part of a retail natural gas load aggregation provided for	95084
pursuant to a rule or order adopted or issued by the commission	95085
under this chapter or Chapter 4905. of the Revised Code.	95086

(b) Nothing in division (A)(2)(a) of this section precludes a	95087
governmental aggregation under this section from permitting the	95088
retail natural gas load of a person described in division	95089
(A)(2)(a) of this section from being included in the aggregation	95090
upon the expiration of any contract or aggregation as described in	95091
division (A)(2)(a)(ii) or (iii) of this section or upon the person	95092
no longer being a customer as described in division (A)(2)(a)(i)	95093
of this section or qualifying to be included in an aggregation	95094
described under division (A)(2)(a)(iii) of this section.	95095

(B) An ordinance or resolution adopted under division (A) of	95096
this section shall direct the board of elections to submit the	95097
question of the authority to aggregate to the electors of the	95098
respective municipal corporation, township, or unincorporated area	95099
of a county at a special election on the day of the next primary	95100
or general election in the municipal corporation, township, or	95101
county. The legislative authority or board shall certify a copy of	95102
the ordinance or resolution to the board of elections not less	95103
than ninety days before the day of the special election. No	95104
ordinance or resolution adopted under division (A) of this section	95105
that provides for an election under this division shall take	95106
effect unless approved by a majority of the electors voting upon	95107
the ordinance or resolution at the election held pursuant to this	95108
division.	95109

(C) Upon the applicable requisite authority under divisions	95110
(A) and (B) of this section, the legislative authority or board	95111
shall develop a plan of operation and governance for the	95112
aggregation program so authorized. Before adopting a plan under	95113
this division, the legislative authority or board shall hold at	95114
least two public hearings on the plan. Before the first hearing,	95115
the legislative authority or board shall publish notice of the	95116
hearings once a week for two consecutive weeks in a newspaper of	95117
general circulation in the jurisdiction or as provided in section	95118
7.16 of the Revised Code. The notice shall summarize the plan and	95119
state the date, time, and location of each hearing.	95120

(D) No legislative authority or board, pursuant to an	95121
ordinance or resolution under divisions (A) and (B) of this	95122
section, shall aggregate any retail natural gas load located	95123
within its jurisdiction unless it in advance clearly discloses to	95124
the person whose retail natural gas load is to be so aggregated	95125
that the person will be enrolled automatically in the aggregation	95126
and will remain so enrolled unless the person affirmatively elects	95127
by a stated procedure not to be so enrolled. The disclosure shall	95128
state prominently the rates, charges, and other terms and	95129
conditions of enrollment. The stated procedure shall allow any	95130
person enrolled in the aggregation the opportunity to opt out of	95131
the aggregation every two years, without paying a switching fee.	95132
Any such person that opts out of the aggregation pursuant to the	95133
stated procedure shall default to the natural gas company	95134
providing distribution service for the person's retail natural gas	95135
load, until the person chooses an alternative supplier.	95136

(E)(1) With respect to a governmental aggregation for a	95137
municipal corporation that is authorized pursuant to divisions (A)	95138
to (D) of this section, resolutions may be proposed by initiative	95139
or referendum petitions in accordance with sections 731.28 to	95140
731.41 of the Revised Code.	95141

(2) With respect to a governmental aggregation for a township	95142
or the unincorporated area of a county, which aggregation is	95143
authorized pursuant to divisions (A) to (D) of this section,	95144
resolutions may be proposed by initiative or referendum petitions	95145
in accordance with sections 731.28 to 731.40 of the Revised Code,	95146
except that:	95147

(a) The petitions shall be filed, respectively, with the	95148
township fiscal officer or the board of county commissioners, who	95149
shall perform those duties imposed under those sections upon the	95150
city auditor or village clerk.	95151

(b) The petitions shall contain the signatures of not less	95152
than ten per cent of the total number of electors in the township	95153
or the unincorporated area of the county, respectively, who voted	95154
for the office of governor at the preceding general election for	95155
that office in that area.	95156

(F) A governmental aggregator under division (A) of this	95157
section is not a public utility engaging in the wholesale purchase	95158
and resale of natural gas, and provision of the aggregated service	95159
is not a wholesale utility transaction. A governmental aggregator	95160
shall be subject to supervision and regulation by the public	95161
utilities commission only to the extent of any competitive retail	95162
natural gas service it provides and commission authority under	95163
this chapter.	95164

Sec. 4929.27. (A)(1) The legislative authority of a	95165
municipal corporation may adopt an ordinance, or the board of	95166
township trustees of a township or the board of county	95167
commissioners of a county may adopt a resolution, under which, in	95168
accordance with this section and except as otherwise provided in	95169
division (A)(2) of this section, the legislative authority or	95170
board may aggregate, with the prior consent of each person whose	95171
retail natural gas load is proposed to be aggregated, competitive	95172
retail natural gas service for any such retail natural gas load	95173
that is located, respectively, within the municipal corporation,	95174
township, or unincorporated area of the county and for which there	95175
is a choice of supplier of that service as a result of revised	95176
schedules approved under division (C) of section 4929.29 of the	95177
Revised Code, a rule or order adopted or issued by the commission	95178
under Chapter 4905. of the Revised Code, or an exemption granted	95179
by the commission under sections 4929.04 to 4929.08 of the Revised	95180
Code. An ordinance or a resolution adopted under this section	95181
shall expressly state that it is adopted pursuant to the authority	95182
conferred by this section. The legislative authority or board also	95183
may exercise such authority jointly with any other such	95184
legislative authority or board. For the purpose of the	95185
aggregation, the legislative authority or board may enter into	95186
service agreements to facilitate the sale and purchase of the	95187
service for the retail natural gas loads.	95188

(2)(a) No aggregation under an ordinance or resolution	95189
adopted under division (A)(1) of this section shall include the	95190
retail natural gas load of any person that meets either of the	95191
following criteria:	95192

(i) The person is supplied with commodity sales service	95193
pursuant to a contract with a retail natural gas supplier that is	95194
in effect on the effective date of the ordinance or resolution.	95195

(ii) The person is supplied with commodity sales service as	95196
part of a retail natural gas load aggregation provided for	95197
pursuant to a rule or order adopted or issued by the commission	95198
under this chapter or Chapter 4905. of the Revised Code.	95199

(b) Nothing in division (A)(2)(a) of this section precludes a	95200
governmental aggregation under this section from permitting the	95201
retail natural gas load of a person described in division	95202
(A)(2)(a) of this section from being included in the aggregation	95203
upon the expiration of any contract or aggregation as described in	95204
division (A)(2)(a)(i) or (ii) of this section or upon the person	95205
no longer qualifying to be included in an aggregation.	95206

(B) Upon the applicable requisite authority under division	95207
(A) of this section, the legislative authority or board shall	95208
develop a plan of operation and governance for the aggregation	95209
program so authorized. Before adopting a plan under this division,	95210
the legislative authority or board shall hold at least two public	95211
hearings on the plan. Before the first hearing, the legislative	95212
authority or board shall publish notice of the hearings once a	95213
week for two consecutive weeks in a newspaper of general	95214
circulation in the jurisdiction or as provided in section 7.16 of	95215
the Revised Code. The notice shall summarize the plan and state	95216
the date, time, and location of each hearing.	95217

(C)(1) With respect to a governmental aggregation for a	95218
municipal corporation that is authorized pursuant to division (A)	95219
of this section, resolutions may be proposed by initiative or	95220
referendum petitions in accordance with sections 731.28 to 731.41	95221
of the Revised Code.	95222

(2) With respect to a governmental aggregation for a township	95223
or the unincorporated area of a county, which aggregation is	95224
authorized pursuant to division (A) of this section, resolutions	95225
may be proposed by initiative or referendum petitions in	95226
accordance with sections 731.28 to 731.40 of the Revised Code,	95227
except that:	95228

(a) The petitions shall be filed, respectively, with the	95229
township fiscal officer or the board of county commissioners, who	95230
shall perform those duties imposed under those sections upon the	95231
city auditor or village clerk.	95232

(b) The petitions shall contain the signatures of not less	95233
than ten per cent of the total number of electors in the township	95234
or the unincorporated area of the county, respectively, who voted	95235
for the office of governor at the preceding general election for	95236
that office in that area.	95237

(D) A governmental aggregator under division (A) of this	95238
section is not a public utility engaging in the wholesale purchase	95239
and resale of natural gas, and provision of the aggregated service	95240
is not a wholesale utility transaction. A governmental aggregator	95241
shall be subject to supervision and regulation by the public	95242
utilities commission only to the extent of any competitive retail	95243
natural gas service it provides and commission authority under	95244
this chapter.	95245

Sec. 4931.40. As used in sections 4931.40 to 4931.70 of the	95246
Revised Code:	95247

(A) "9-1-1 system" means a system through which individuals	95248
can request emergency service using the telephone number 9-1-1.	95249

(B) "Basic 9-1-1" means a 9-1-1 system in which a caller	95250
provides information on the nature of and the location of an	95251
emergency, and the personnel receiving the call must determine the	95252
appropriate emergency service provider to respond at that	95253
location.	95254

(C) "Enhanced 9-1-1" means a 9-1-1 system capable of	95255
providing both enhanced wireline 9-1-1 and wireless enhanced	95256
9-1-1.	95257

(D) "Enhanced wireline 9-1-1" means a 9-1-1 system in which	95258
the wireline telephone network, in providing wireline 9-1-1,	95259
automatically routes the call to emergency service providers that	95260
serve the location from which the call is made and immediately	95261
provides to personnel answering the 9-1-1 call information on the	95262
location and the telephone number from which the call is being	95263
made.	95264

(E) "Wireless enhanced 9-1-1" means a 9-1-1 system that, in	95265
providing wireless 9-1-1, has the capabilities of phase I and, to	95266
the extent available, phase II enhanced 9-1-1 services as	95267
described in 47 C.F.R. 20.18 (d) to (h).	95268

(F)(1) "Wireless service" means federally licensed commercial	95269
mobile service as defined in 47 U.S.C. 332(d) and further defined	95270
as commercial mobile radio service in 47 C.F.R. 20.3, and includes	95271
service provided by any wireless, two-way communications device,	95272
including a radio-telephone communications line used in cellular	95273
telephone service or personal communications service, a network	95274
radio access line, or any functional or competitive equivalent of	95275
such a radio-telephone communications or network radio access	95276
line.	95277

(2) Nothing in sections 4931.40 to 4931.70 of the Revised	95278
Code applies to paging or any service that cannot be used to call	95279
9-1-1.	95280

(G) "Wireless service provider" means a facilities-based	95281
provider of wireless service to one or more end users in this	95282
state.	95283

(H) "Wireless 9-1-1" means the emergency calling service	95284
provided by a 9-1-1 system pursuant to a call originating in the	95285
network of a wireless service provider.	95286

(I) "Wireline 9-1-1" means the emergency calling service	95287
provided by a 9-1-1 system pursuant to a call originating in the	95288
network of a wireline service provider.	95289

(J) "Wireline service provider" means a facilities-based	95290
provider of wireline service to one or more end-users in this	95291
state.	95292

(K) "Wireline service" means basic local exchange service, as	95293
defined in section 4927.01 of the Revised Code, that is	95294
transmitted by means of interconnected wires or cables by a	95295
wireline service provider authorized by the public utilities	95296
commission.	95297

(L) "Wireline telephone network" means the selective router	95298
and data base processing systems, trunking and data wiring cross	95299
connection points at the public safety answering point, and all	95300
other voice and data components of the 9-1-1 system.	95301

(M) "Subdivision" means a county, municipal corporation,	95302
township, township fire district, joint fire district, township	95303
police district, joint police district, joint ambulance district,	95304
or joint emergency medical services district that provides	95305
emergency service within its territory, or that contracts with	95306
another municipal corporation, township, or district or with a	95307
private entity to provide such service; and a state college or	95308
university, port authority, or park district of any kind that	95309
employs law enforcement officers that act as the primary police	95310
force on the grounds of the college or university or port	95311
authority or in the parks operated by the district.	95312

(N) "Emergency service" means emergency law enforcement,	95313
firefighting, ambulance, rescue, and medical service.	95314

(O) "Emergency service provider" means the state highway	95315
patrol and an emergency service department or unit of a	95316
subdivision or that provides emergency service to a subdivision	95317
under contract with the subdivision.	95318

(P) "Public safety answering point" means a facility to which	95319
9-1-1 system calls for a specific territory are initially routed	95320
for response and where personnel respond to specific requests for	95321
emergency service by directly dispatching the appropriate	95322
emergency service provider, relaying a message to the appropriate	95323
provider, or transferring the call to the appropriate provider.	95324

(Q) "Customer premises equipment" means telecommunications	95325
equipment, including telephone instruments, on the premises of a	95326
public safety answering point that is used in answering and	95327
responding to 9-1-1 system calls.	95328

(R) "Municipal corporation in the county" includes any	95329
municipal corporation that is wholly contained in the county and	95330
each municipal corporation located in more than one county that	95331
has a greater proportion of its territory in the county to which	95332
the term refers than in any other county.	95333

(S) "Board of county commissioners" includes the legislative	95334
authority of a county established under Section 3 of Article X,	95335
Ohio Constitution, or Chapter 302. of the Revised Code.	95336

(T) "Final plan" means a final plan adopted under division	95337
(B) of section 4931.44 of the Revised Code and, except as	95338
otherwise expressly provided, an amended final plan adopted under	95339
section 4931.45 of the Revised Code.	95340

(U) "Subdivision served by a public safety answering point"	95341
means a subdivision that provides emergency service for any part	95342
of its territory that is located within the territory of a public	95343
safety answering point whether the subdivision provides the	95344
emergency service with its own employees or pursuant to a	95345
contract.	95346

(V) A township's population includes only population of the	95347
unincorporated portion of the township.	95348

(W) "Telephone company" means a company engaged in the	95349
business of providing local exchange telephone service by making	95350
available or furnishing access and a dial tone to persons within a	95351
local calling area for use in originating and receiving voice	95352
grade communications over a switched network operated by the	95353
provider of the service within the area and gaining access to	95354
other telecommunications services. "Telephone company" includes a	95355
wireline service provider and a wireless service provider unless	95356
otherwise expressly specified. For purposes of sections 4931.52	95357
and 4931.53 of the Revised Code, "telephone company" means a	95358
wireline service provider.	95359

Sec. 4931.51. (A)(1) For the purpose of paying the costs of	95360
establishing, equipping, and furnishing one or more public safety	95361
answering points as part of a countywide 9-1-1 system effective	95362
under division (B) of section 4931.44 of the Revised Code and	95363
paying the expense of administering and enforcing this section,	95364
the board of county commissioners of a county, in accordance with	95365
this section, may fix and impose, on each lot or parcel of real	95366
property in the county that is owned by a person, municipal	95367
corporation, township, or other political subdivision and is	95368
improved, or is in the process of being improved, reasonable	95369
charges to be paid by each such owner. The charges shall be	95370
sufficient to pay only the estimated allowed costs and shall be	95371
equal in amount for all such lots or parcels.	95372

(2) For the purpose of paying the costs of operating and	95373
maintaining the answering points and paying the expense of	95374
administering and enforcing this section, the board, in accordance	95375
with this section, may fix and impose reasonable charges to be	95376
paid by each owner, as provided in division (A)(1) of this	95377
section, that shall be sufficient to pay only the estimated	95378
allowed costs and shall be equal in amount for all such lots or	95379
parcels. The board may fix and impose charges under this division	95380
pursuant to a resolution adopted for the purposes of both	95381
divisions (A)(1) and (2) of this section or pursuant to a	95382
resolution adopted solely for the purpose of division (A)(2) of	95383
this section, and charges imposed under division (A)(2) of this	95384
section may be separately imposed or combined with charges imposed	95385
under division (A)(1) of this section.	95386

(B) Any board adopting a resolution under this section	95387
pursuant to a final plan initiating the establishment of a 9-1-1	95388
system or pursuant to an amendment to a final plan shall adopt the	95389
resolution within sixty days after the board receives the final	95390
plan for the 9-1-1 system pursuant to division (C) of section	95391
4931.43 of the Revised Code. The board by resolution may change	95392
any charge imposed under this section whenever the board considers	95393
it advisable. Any resolution adopted under this section shall	95394
declare whether securities will be issued under Chapter 133. of	95395
the Revised Code in anticipation of the collection of unpaid	95396
special assessments levied under this section.	95397

(C) The board shall adopt a resolution under this section at	95398
a public meeting held in accordance with section 121.22 of the	95399
Revised Code. Additionally, the board, before adopting any such	95400
resolution, shall hold at least two public hearings on the	95401
proposed charges. Prior to the first hearing, the board shall	95402
publish notice of the hearings once a week for two consecutive	95403
weeks in a newspaper of general circulation in the county or as	95404
provided in section 7.16 of the Revised Code. The notice shall	95405
include a listing of the charges proposed in the resolution and	95406
the date, time, and location of each of the hearings. The board	95407
shall hear any person who wishes to testify on the charges or the	95408
resolution.	95409

(D) No resolution adopted under this section shall be	95410
effective sooner than thirty days following its adoption nor shall	95411
any such resolution be adopted as an emergency measure. The	95412
resolution is subject to a referendum in accordance with sections	95413
305.31 to 305.41 of the Revised Code unless, in the resolution,	95414
the board of county commissioners directs the board of elections	95415
of the county to submit the question of imposing the charges to	95416
the electors of the county at the next primary or general election	95417
in the county occurring not less than ninety days after the	95418
resolution is certified to the board. No resolution shall go into	95419
effect unless approved by a majority of those voting upon it in	95420
any election allowed under this division.	95421

(E) To collect charges imposed under division (A) of this	95422
section, the board of county commissioners shall certify them to	95423
the county auditor of the county who then shall place them upon	95424
the real property duplicate against the properties to be assessed,	95425
as provided in division (A) of this section. Each assessment shall	95426
bear interest at the same rate that securities issued in	95427
anticipation of the collection of the assessments bear, is a lien	95428
on the property assessed from the date placed upon the real	95429
property duplicate by the auditor, and shall be collected in the	95430
same manner as other taxes.	95431

(F) All money collected by or on behalf of a county under	95432
this section shall be paid to the county treasurer of the county	95433
and kept in a separate and distinct fund to the credit of the	95434
county. The fund shall be used to pay the costs allowed in	95435
division (A) of this section and specified in the resolution	95436
adopted under that division. In no case shall any surplus so	95437
collected be expended for other than the use and benefit of the	95438
county.	95439

Sec. 4931.52. (A) This section applies only to a county that	95440
meets both of the following conditions:	95441

(1) A final plan for a countywide 9-1-1 system either has not	95442
been approved in the county under section 4931.44 of the Revised	95443
Code or has been approved but has not been put into operation	95444
because of a lack of funding;	95445

(2) The board of county commissioners, at least once, has	95446
submitted to the electors of the county the question of raising	95447
funds for a 9-1-1 system under section 4931.51, 5705.19, or	95448
5739.026 of the Revised Code, and a majority of the electors has	95449
disapproved the question each time it was submitted.	95450

(B) A board of county commissioners may adopt a resolution	95451
imposing a monthly charge on telephone access lines to pay for the	95452
equipment costs of establishing and maintaining no more than three	95453
public safety answering points of a countywide 9-1-1 system, which	95454
public safety answering points shall be only twenty-four-hour	95455
dispatching points already existing in the county. The resolution	95456
shall state the amount of the charge, which shall not exceed fifty	95457
cents per month, and the month the charge will first be imposed,	95458
which shall be no earlier than four months after the special	95459
election held pursuant to this section. Each residential and	95460
business telephone company customer within the area served by the	95461
9-1-1 system shall pay the monthly charge for each of its	95462
residential or business customer access lines or their equivalent.	95463

Before adopting a resolution under this division, the board	95464
of county commissioners shall hold at least two public hearings on	95465
the proposed charge. Before the first hearing, the board shall	95466
publish notice of the hearings once a week for two consecutive	95467
weeks in a newspaper of general circulation in the county or as	95468
provided in section 7.16 of the Revised Code. The notice shall	95469
state the amount of the proposed charge, an explanation of the	95470
necessity for the charge, and the date, time, and location of each	95471
of the hearings.	95472

(C) A resolution adopted under division (B) of this section	95473
shall direct the board of elections to submit the question of	95474
imposing the charge to the electors of the county at a special	95475
election on the day of the next primary or general election in the	95476
county. The board of county commissioners shall certify a copy of	95477
the resolution to the board of elections not less than ninety days	95478
before the day of the special election. No resolution adopted	95479
under division (B) of this section shall take effect unless	95480
approved by a majority of the electors voting upon the resolution	95481
at an election held pursuant to this section.	95482

In any year, the board of county commissioners may impose a	95483
lesser charge than the amount originally approved by the electors.	95484
The board may change the amount of the charge no more than once a	95485
year. The board may not impose a charge greater than the amount	95486
approved by the electors without first holding an election on the	95487
question of the greater charge.	95488

(D) Money raised from a monthly charge on telephone access	95489
lines under this section shall be deposited into a special fund	95490
created in the county treasury by the board of county	95491
commissioners pursuant to section 5705.12 of the Revised Code, to	95492
be used only for the necessary equipment costs of establishing and	95493
maintaining no more than three public safety answering points of a	95494
countywide 9-1-1 system pursuant to a resolution adopted under	95495
division (B) of this section. In complying with this division, any	95496
county may seek the assistance of the public utilities commission	95497
with regard to operating and maintaining a 9-1-1 system.	95498

(E) Pursuant to the voter approval required by division (C)	95499
of this section, the final plan for a countywide 9-1-1 system that	95500
will be funded through a monthly charge imposed in accordance with	95501
this section shall be amended by the existing 9-1-1 planning	95502
committee, and the amendment of such a final plan is not an	95503
amendment of a final plan for the purpose of division (A) of	95504
section 4931.45 of the Revised Code.	95505

Sec. 4931.53. (A) This section applies only to a county that	95506
has a final plan for a countywide 9-1-1 system that either has not	95507
been approved in the county under section 4931.44 of the Revised	95508
Code or has been approved but has not been put into operation	95509
because of a lack of funding.	95510

(B) A board of county commissioners may adopt a resolution	95511
imposing a monthly charge on telephone access lines to pay for the	95512
operating and equipment costs of establishing and maintaining no	95513
more than one public safety answering point of a countywide 9-1-1	95514
system. The resolution shall state the amount of the charge, which	95515
shall not exceed fifty cents per month, and the month the charge	95516
will first be imposed, which shall be no earlier than four months	95517
after the special election held pursuant to this section. Each	95518
residential and business telephone company customer within the	95519
area of the county served by the 9-1-1 system shall pay the	95520
monthly charge for each of its residential or business customer	95521
access lines or their equivalent.	95522

Before adopting a resolution under this division, the board	95523
of county commissioners shall hold at least two public hearings on	95524
the proposed charge. Before the first hearing, the board shall	95525
publish notice of the hearings once a week for two consecutive	95526
weeks in a newspaper of general circulation in the county or as	95527
provided in section 7.16 of the Revised Code. The notice shall	95528
state the amount of the proposed charge, an explanation of the	95529
necessity for the charge, and the date, time, and location of each	95530
of the hearings.	95531

(C) A resolution adopted under division (B) of this section	95532
shall direct the board of elections to submit the question of	95533
imposing the charge to the electors of the county at a special	95534
election on the day of the next primary or general election in the	95535
county. The board of county commissioners shall certify a copy of	95536
the resolution to the board of elections not less than ninety days	95537
before the day of the special election. No resolution adopted	95538
under division (B) of this section shall take effect unless	95539
approved by a majority of the electors voting upon the resolution	95540
at an election held pursuant to this section.	95541

In any year, the board of county commissioners may impose a	95542
lesser charge than the amount originally approved by the electors.	95543
The board may change the amount of the charge no more than once a	95544
year. The board shall not impose a charge greater than the amount	95545
approved by the electors without first holding an election on the	95546
question of the greater charge.	95547

(D) Money raised from a monthly charge on telephone access	95548
lines under this section shall be deposited into a special fund	95549
created in the county treasury by the board of county	95550
commissioners pursuant to section 5705.12 of the Revised Code, to	95551
be used only for the necessary operating and equipment costs of	95552
establishing and maintaining no more than one public safety	95553
answering point of a countywide 9-1-1 system pursuant to a	95554
resolution adopted under division (B) of this section. In	95555
complying with this division, any county may seek the assistance	95556
of the public utilities commission with regard to operating and	95557
maintaining a 9-1-1 system.	95558

(E) Nothing in sections 4931.40 to 4931.53 of the Revised	95559
Code precludes a final plan adopted in accordance with those	95560
sections from being amended to provide that, by agreement included	95561
in the plan, a public safety answering point of another countywide	95562
9-1-1 system is the public safety answering point of a countywide	95563
9-1-1 system funded through a monthly charge imposed in accordance	95564
with this section. In that event, the county for which the public	95565
safety answering point is provided shall be deemed the subdivision	95566
operating the public safety answering point for purposes of	95567
sections 4931.40 to 4931.53 of the Revised Code, except that, for	95568
the purpose of division (D) of section 4931.41 of the Revised	95569
Code, the county shall pay only so much of the costs associated	95570
with establishing, equipping, furnishing, operating, or	95571
maintaining the public safety answering point specified in the	95572
agreement included in the final plan.	95573

(F) Pursuant to the voter approval required by division (C)	95574
of this section, the final plan for a countywide 9-1-1 system that	95575
will be funded through a monthly charge imposed in accordance with	95576
this section, or that will be amended to include an agreement	95577
described in division (E) of this section, shall be amended by the	95578
existing 9-1-1 planning committee, and the amendment of such a	95579
final plan is not an amendment of a final plan for the purpose of	95580
division (A) of section 4931.45 of the Revised Code.	95581

Sec. 5101.16. (A) As used in this section and sections	95582
5101.161 and 5101.162 of the Revised Code:	95583

(1) "Disability financial assistance" means the financial	95584
assistance program established under Chapter 5115. of the Revised	95585
Code.	95586

(2) " Supplemental nutrition assistance program" means the	95587
program administered by the department of job and family services	95588
pursuant to section 5101.54 of the Revised Code.	95589

(3) "Medicaid" means the medical assistance program	95590
established by Chapter 5111. of the Revised Code, excluding	95591
transportation services provided under that chapter.	95592

(4) "Ohio works first" means the program established by	95593
Chapter 5107. of the Revised Code.	95594

(5) "Prevention, retention, and contingency" means the	95595
program established by Chapter 5108. of the Revised Code.	95596

(6) "Public assistance expenditures" means expenditures for	95597
all of the following:	95598

(a) Ohio works first;

95599

(b) County administration of Ohio works first;

95600

95601

(d) County administration of prevention, retention, and	95602
contingency;	95603

(e) Disability financial assistance;

95604

(f) County administration of disability financial assistance;

95605

(g) County administration of the supplemental nutrition	95606
assistance program;	95607

(h) County administration of medicaid.

95608

(7) "Title IV-A program" has the same meaning as in section	95609
5101.80 of the Revised Code.	95610

(B) Each board of county commissioners shall pay the county	95611
share of public assistance expenditures in accordance with section	95612
5101.161 of the Revised Code. Except as provided in division (C)	95613
of this section, a county's share of public assistance	95614
expenditures is the sum of all of the following for state fiscal	95615
year 1998 and each state fiscal year thereafter:	95616

(1) The amount that is twenty-five per cent of the county's	95617
total expenditures for disability financial assistance and county	95618
administration of that program during the state fiscal year ending	95619
in the previous calendar year that the department of job and	95620
family services determines are allowable.	95621

(2) The amount that is ten per cent, or other percentage	95622
determined under division (D) of this section, of the county's	95623
total expenditures for county administration of the supplemental	95624
nutrition assistance program and medicaid during the state fiscal	95625
year ending in the previous calendar year that the department	95626
determines are allowable, less the amount of federal reimbursement	95627
credited to the county under division (E) of this section for the	95628
state fiscal year ending in the previous calendar year;	95629

(3) A percentage of the actual amount of the county share of	95630
program and administrative expenditures during federal fiscal year	95631
1994 for assistance and services, other than child care, provided	95632
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	95633
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	95634
enactment of the "Personal Responsibility and Work Opportunity	95635
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	95636
and family services shall determine the actual amount of the	95637
county share from expenditure reports submitted to the United	95638
States department of health and human services. The percentage	95639
shall be the percentage established in rules adopted under	95640
division (F) of this section.	95641

(C)(1) If a county's share of public assistance expenditures	95642
determined under division (B) of this section for a state fiscal	95643
year exceeds one hundred ~~ten~~five per cent of the county's share	95644
for those expenditures for the immediately preceding state fiscal	95645
year, the department of job and family services shall reduce the	95646
county's share for expenditures under divisions (B)(1) and (2) of	95647
this section so that the total of the county's share for	95648
expenditures under division (B) of this section equals one hundred	95649
~~ten~~five per cent of the county's share of those expenditures for	95650
the immediately preceding state fiscal year.	95651

(2) A county's share of public assistance expenditures	95652
determined under division (B) of this section may be increased	95653
pursuant to section 5101.163 of the Revised Code and a sanction	95654
under section 5101.24 of the Revised Code. An increase made	95655
pursuant to section 5101.163 of the Revised Code may cause the	95656
county's share to exceed the limit established by division (C)(1)	95657
of this section.	95658

(D)(1) If the per capita tax duplicate of a county is less	95659
than the per capita tax duplicate of the state as a whole and	95660
division (D)(2) of this section does not apply to the county, the	95661
percentage to be used for the purpose of division (B)(2) of this	95662
section is the product of ten multiplied by a fraction of which	95663
the numerator is the per capita tax duplicate of the county and	95664
the denominator is the per capita tax duplicate of the state as a	95665
whole. The department of job and family services shall compute the	95666
per capita tax duplicate for the state and for each county by	95667
dividing the tax duplicate for the most recent available year by	95668
the current estimate of population prepared by the department of	95669
development.	95670

(2) If the percentage of families in a county with an annual	95671
income of less than three thousand dollars is greater than the	95672
percentage of such families in the state and division (D)(1) of	95673
this section does not apply to the county, the percentage to be	95674
used for the purpose of division (B)(2) of this section is the	95675
product of ten multiplied by a fraction of which the numerator is	95676
the percentage of families in the state with an annual income of	95677
less than three thousand dollars a year and the denominator is the	95678
percentage of such families in the county. The department of job	95679
and family services shall compute the percentage of families with	95680
an annual income of less than three thousand dollars for the state	95681
and for each county by multiplying the most recent estimate of	95682
such families published by the department of development, by a	95683
fraction, the numerator of which is the estimate of average annual	95684
personal income published by the bureau of economic analysis of	95685
the United States department of commerce for the year on which the	95686
census estimate is based and the denominator of which is the most	95687
recent such estimate published by the bureau.	95688

(3) If the per capita tax duplicate of a county is less than	95689
the per capita tax duplicate of the state as a whole and the	95690
percentage of families in the county with an annual income of less	95691
than three thousand dollars is greater than the percentage of such	95692
families in the state, the percentage to be used for the purpose	95693
of division (B)(2) of this section shall be determined as follows:	95694

(a) Multiply ten by the fraction determined under division	95695
(D)(1) of this section;	95696

(b) Multiply the product determined under division (D)(3)(a)	95697
of this section by the fraction determined under division (D)(2)	95698
of this section.	95699

(4) The department of job and family services shall	95700
determine, for each county, the percentage to be used for the	95701
purpose of division (B)(2) of this section not later than the	95702
first day of July of the year preceding the state fiscal year for	95703
which the percentage is used.	95704

(E) The department of job and family services shall credit to	95705
a county the amount of federal reimbursement the department	95706
receives from the United States departments of agriculture and	95707
health and human services for the county's expenditures for	95708
administration of the supplemental nutrition assistance program	95709
and medicaid that the department determines are allowable	95710
administrative expenditures.	95711

(F)(1) The director of job and family services shall adopt	95712
rules in accordance with section 111.15 of the Revised Code to	95713
establish all of the following:	95714

(a) The method the department is to use to change a county's	95715
share of public assistance expenditures determined under division	95716
(B) of this section as provided in division (C) of this section;	95717

(b) The allocation methodology and formula the department	95718
will use to determine the amount of funds to credit to a county	95719
under this section;	95720

(c) The method the department will use to change the payment	95721
of the county share of public assistance expenditures from a	95722
calendar-year basis to a state fiscal year basis;	95723

(d) The percentage to be used for the purpose of division	95724
(B)(3) of this section, which shall, except as provided in section	95725
5101.163 of the Revised Code, meet both of the following	95726
requirements:	95727

(i) The percentage shall not be less than seventy-five per	95728
cent nor more than eighty-two per cent;	95729

(ii) The percentage shall not exceed the percentage that the	95730
state's qualified state expenditures is of the state's historic	95731
state expenditures as those terms are defined in 42 U.S.C.	95732
609(a)(7).	95733

(e) Other procedures and requirements necessary to implement	95734
this section.	95735

(2) The director of job and family services may amend the	95736
rule adopted under division (F)(1)(d) of this section to modify	95737
the percentage on determination that the amount the general	95738
assembly appropriates for Title IV-A programs makes the	95739
modification necessary. The rule shall be adopted and amended as	95740
if an internal management rule and in consultation with the	95741
director of budget and management.	95742

Sec. 5101.181. (A) As used in this section and section	95743
5101.182 of the Revised Code~~, "public~~:	95744

(1) "Public assistance" ~~includes, in addition to Ohio works~~	95745
~~first,~~means any or all of the following:	95746

~~(1)~~(a) Ohio works first;

95747

(b) Prevention, retention, and contingency;

95748

~~(2) Medicaid;~~

95749

~~(3)~~(c) Disability financial assistance;

95750

~~(4)~~(d) General assistance provided prior to July 17, 1995,	95751
under former Chapter 5113. of the Revised Code.	95752

(2) "Medical assistance" means medical assistance provided	95753
pursuant to, or under programs established by, section 5101.49,	95754
sections 5101.50 to 5101.529, Chapter 5111., or any other	95755
provision of the Revised Code.	95756

(B) As part of the procedure for the determination of	95757
overpayment to a recipient of public assistance under Chapter	95758
5107., 5108., ~~5111.,~~ or 5115. of the Revised Code, the director of	95759
job and family services ~~shall~~may furnish quarterly the name and	95760
social security number of each individual who receives public	95761
assistance to the director of administrative services, the	95762
administrator of the bureau of workers' compensation, and each of	95763
the state's retirement boards. Within fourteen days after	95764
receiving the name and social security number of an individual who	95765
receives public assistance, the director of administrative	95766
services, administrator, or board shall inform the auditor of	95767
state as to whether such individual is receiving wages or	95768
benefits, the amount of any wages or benefits being received, the	95769
social security number, and the address of the individual. The	95770
director of administrative services, administrator, boards, and	95771
any agent or employee of those officials and boards shall comply	95772
with the rules of the director of job and family services	95773
restricting the disclosure of information regarding recipients of	95774
public assistance. Any person who violates this provision shall	95775
thereafter be disqualified from acting as an agent or employee or	95776
in any other capacity under appointment or employment of any state	95777
board, commission, or agency.	95778

(C) The auditor of state may enter into a reciprocal	95779
agreement with the director of job and family services or	95780
comparable officer of any other state for the exchange of names,	95781
current or most recent addresses, or social security numbers of	95782
persons receiving public assistance under Title IV-A ~~or under~~	95783
~~Title XIX~~ of the "Social Security Act," 49 Stat. 620 (1935), 42	95784
U.S.C. 301, as amended.	95785

(D)~~(1)~~ The auditor of state shall retain, for not less than	95786
two years, at least one copy of all information received under	95787
this section and sections 145.27, 742.41, 3307.20, 3309.22,	95788
4123.27, 5101.182, and 5505.04 of the Revised Code. ~~The~~	95789

(E) On the request of the director of job and family	95790
services, the auditor of state may conduct an audit of an	95791
individual who receives medical assistance. If the auditor decides	95792
to conduct an audit, the auditor shall enter into an interagency	95793
agreement with the department of job and family services that	95794
specifies that the auditor agrees to comply with section 5101.271	95795
of the Revised Code with respect to any information the auditor	95796
receives pursuant to the audit.	95797

(F) The auditor shall review the information described in	95798
division (D) of this section to determine whether overpayments	95799
were made to recipients of public assistance under Chapters 5107.,	95800
5108., ~~5111.,~~ and 5115. of the Revised Code. The auditor of state	95801
shall initiate action leading to prosecution, where warranted, of	95802
recipients who received overpayments by forwarding the name of	95803
each recipient who received overpayment, together with other	95804
pertinent information, to the director of job and family services	95805
~~and~~, the attorney general, ~~to the district director of job and~~	95806
~~family services of the district through which public assistance~~	95807
~~was received,~~ and to the county director of job and family	95808
services and county prosecutor of the county through which public	95809
assistance was received.	95810

~~(2)~~(G) The auditor of state and the attorney general or their	95811
designees may examine any records, whether in computer or printed	95812
format, in the possession of the director of job and family	95813
services or any county director of job and family services. They	95814
shall provide safeguards which restrict access to such records to	95815
purposes directly connected with an audit or investigation,	95816
prosecution, or criminal or civil proceeding conducted in	95817
connection with the administration of the programs and shall	95818
comply with ~~the~~sections 5101.27 and 5101.271 of the Revised Code	95819
and adopts rules of the director of job and family services	95820
restricting the disclosure of information regarding recipients of	95821
public assistance or medical assistance. Any person who violates	95822
this provision shall thereafter be disqualified from acting as an	95823
agent or employee or in any other capacity under appointment or	95824
employment of any state board, commission, or agency.	95825

~~(3)~~(H) Costs incurred by the auditor of state in carrying out	95826
the auditor of state's duties under this ~~division~~section shall be	95827
borne by the auditor of state.	95828

Sec. 5101.182. As part of the procedure for the	95829
determination of overpayment to a recipient of public assistance	95830
~~under Chapter 5107., 5111., or 5115.~~pursuant to section 5101.181	95831
of the Revised Code, the director of job and family services ~~shall~~	95832
may semiannually, at times determined jointly by the auditor of	95833
state and the tax commissioner, furnish to the tax commissioner in	95834
computer format the name and social security number of each	95835
individual who receives public assistance. Within sixty days after	95836
receiving the name and social security number of a recipient of	95837
public assistance, the commissioner shall inform the auditor of	95838
state whether the individual filed an Ohio individual income tax	95839
return, separate or joint, as provided by section 5747.08 of the	95840
Revised Code, for either or both of the two taxable years	95841
preceding the year in which the director furnished the names and	95842
social security numbers to the commissioner. If the individual did	95843
so file, at the same time the commissioner shall also inform the	95844
auditor of state of the amount of the federal adjusted gross	95845
income as reported on such returns and of the addresses on such	95846
returns. The commissioner shall also advise the auditor of state	95847
whether such returns were filed on a joint basis, as provided in	95848
section 5747.08 of the Revised Code, in which case the federal	95849
adjusted gross income as reported may be that of the individual or	95850
the individual's spouse.	95851

If the auditor of state determines that further investigation	95852
is needed, the auditor of state may request the commissioner to	95853
determine whether the individual filed income tax returns for any	95854
previous taxable years in which the individual received public	95855
assistance and for which the tax department retains income tax	95856
returns. Within fourteen days of receipt of the request, the	95857
commissioner shall inform the auditor of state whether the	95858
individual filed an individual income tax return for the taxable	95859
years in question, of the amount of the federal adjusted gross	95860
income as reported on such returns, of the addresses on such	95861
returns, and whether the returns were filed on a joint or separate	95862
basis.	95863

If the auditor of state determines that further investigation	95864
is needed of a recipient of public assistance who filed an Ohio	95865
individual income tax return, the auditor of state may request a	95866
certified copy of the Ohio individual income tax return or returns	95867
of that person for the taxable years described above, together	95868
with any other documents the commissioner has concerning the	95869
return or returns. Within fourteen days of receipt of such a	95870
request in writing, the commissioner shall forward the returns and	95871
documents to the auditor of state.	95872

The director of job and family services, ~~district director of~~	95873
~~job and family services,~~ county director of job and family	95874
services, county prosecutor, attorney general, auditor of state,	95875
or any agent or employee of those officials having access to any	95876
information or documents furnished by the commissioner pursuant to	95877
this section shall not divulge or use any such information except	95878
for the purpose of determining overpayment of public assistance,	95879
or for an audit, investigation, or prosecution, or in accordance	95880
with a proper judicial order. Any person who violates this	95881
provision shall thereafter be disqualified from acting as an agent	95882
or employee or in any other capacity under appointment or	95883
employment of any state or county board, commission, or agency.	95884

Sec. 5101.183. (A) ~~The~~Except as provided in section 5111.12	95885
of the Revised Code, the director of job and family services, in	95886
accordance with section 111.15 of the Revised Code, may adopt	95887
rules under which county ~~departments of job and~~ family services or	95888
~~public children services~~ agencies shall take action to recover the	95889
cost of ~~social~~the following benefits and services:	95890

(1) Benefits or services provided to any of the following:

95891

~~(1)~~(a) Persons who were not eligible for ~~social~~the benefits	95892
or services but who secured ~~social~~the benefits or services	95893
through fraud or misrepresentation;	95894

~~(2)~~(b) Persons who were eligible for ~~social~~the benefits or	95895
services but who intentionally diverted the benefits or services	95896
to other persons who were not eligible for the benefits or	95897
services.	95898

(2) Any benefits or services provided by a county family	95899
services agency for which recovery is required or permitted by	95900
federal law for the federal programs administered by the agency.	95901

(B) A county ~~department of job and~~ family services ~~or public~~	95902
~~children services~~ agency may bring a civil action against a	95903
recipient of ~~social~~benefits or services to recover any costs	95904
described in division (A) of this section.	95905

(C) A county ~~department of job and~~ family services ~~or public~~	95906
~~children services~~ agency shall retain any money it recovers under	95907
division (A) of this section and shall use the money ~~for the~~	95908
~~provision of social~~to meet a family services duty, except that,	95909
if federal law requires the department of job and family services	95910
to return any portion of the money so recovered to the federal	95911
government, the county ~~department or~~family services agency shall	95912
pay that portion to the department of job and family services.	95913

Sec. 5101.244. (A) If the department of job and family	95914
services determines that a grant awarded to a county grantee in a	95915
grant agreement entered into under section 5101.21 of the Revised	95916
Code, an allocation, advance, or reimbursement the department	95917
makes to a county family services agency, or a cash draw a county	95918
family services agency makes exceeds the allowable amount for the	95919
grant, allocation, advance, reimbursement, or cash draw, the	95920
department may ~~adjust~~take one or more of the following actions to	95921
recover the excess amount:	95922

(1) The department may adjust, offset, withhold, or reduce an	95923
allocation, cash draw, advance, reimbursement, or other financial	95924
assistance to the county grantee or county family services agency	95925
as necessary to recover the excess amount ~~of the excess grant,~~	95926
~~allocation, advance, reimbursement, or cash draw~~.	95927

(2) The department may enter into an agreement with the	95928
county grantee or county family services agency for repayment of	95929
the excess amount by the grantee or agency. The department may	95930
require that the repayment include interest on the excess amount,	95931
calculated from the day that the excess occurred at a rate not	95932
exceeding the rate per annum prescribed by section 5703.47 of the	95933
Revised Code.	95934

(3) The department may certify a claim to the attorney	95935
general under section 131.02 of the Revised Code for the attorney	95936
general to take action under that section against the county	95937
grantee or county family services agency to recover the excess	95938
amount. ~~The~~	95939

(B) In taking an action authorized under this section, the	95940
department is not required to ~~make the adjustment, offset,~~	95941
~~withholding, or reduction~~take the action in accordance with	95942
section 5101.24 of the Revised Code.	95943

(C) The director of job and family services may adopt rules	95944
under section 111.15 of the Revised Code as necessary to implement	95945
this section. The director shall adopt the rules as if they were	95946
internal management rules.	95947

Sec. 5101.26. As used in this section and in sections	95948
5101.27 to 5101.30 of the Revised Code:	95949

(A) "County agency" means a county department of job and	95950
family services or a public children services agency.	95951

(B) "Fugitive felon" means an individual who is fleeing to	95952
avoid prosecution, or custody or confinement after conviction,	95953
under the laws of the place from which the individual is fleeing,	95954
for a crime or an attempt to commit a crime that is a felony under	95955
the laws of the place from which the individual is fleeing or, in	95956
the case of New Jersey, a high misdemeanor, regardless of whether	95957
the individual has departed from the individual's usual place of	95958
residence.	95959

(C) "Information" means records as defined in section 149.011	95960
of the Revised Code, any other documents in any format, and data	95961
derived from records and documents that are generated, acquired,	95962
or maintained by the department of job and family services, a	95963
county agency, or an entity performing duties on behalf of the	95964
department or a county agency.	95965

(D) "Law enforcement agency" means the state highway patrol,	95966
an agency that employs peace officers as defined in section 109.71	95967
of the Revised Code, the adult parole authority, a county	95968
department of probation, a prosecuting attorney, the attorney	95969
general, similar agencies of other states, federal law enforcement	95970
agencies, and postal inspectors. "Law enforcement agency" includes	95971
the peace officers and other law enforcement officers employed by	95972
the agency.	95973

(E) "Medical assistance ~~provided under a public assistance~~	95974
~~program~~" means medical assistance provided pursuant to, or under	95975
~~the~~ programs established ~~under sections~~by, section 5101.49,	95976
sections 5101.50~~, 5101.51, 5101.52, and 5101.5211 to 5101.5216~~to	95977
5101.529, Chapter 5111., or any other provision of the Revised	95978
Code.	95979

(F) "Medical assistance recipient" means an applicant for or	95980
recipient or former recipient of medical assistance.	95981

(G) "Public assistance" means financial assistance~~, medical~~	95982
~~assistance,~~ or social services that are not medical assistance	95983
provided under a program administered by the department of job and	95984
family services or a county agency pursuant to Chapter 329.,	95985
5101., 5104., 5107., 5108., ~~5111.,~~ or 5115. of the Revised Code or	95986
an executive order issued under section 107.17 of the Revised	95987
Code.	95988

~~(G)~~(H) "Public assistance recipient" means an applicant for	95989
or recipient or former recipient of public assistance.	95990

Sec. 5101.27. (A) Except as permitted by this section,	95991
section ~~5101.272~~5101.273, 5101.28, or 5101.29 of the Revised	95992
Code, or ~~the~~ rules adopted under ~~division (A) of~~ section 5101.30	95993
of the Revised Code, or when required by federal law, no person or	95994
government entity shall solicit, disclose, receive, use, or	95995
knowingly permit, or participate in the use of any information	95996
regarding a public assistance recipient for any purpose not	95997
directly connected with the administration of a public assistance	95998
program.	95999

(B) To the extent permitted by federal law, the department of	96000
job and family services and county agencies shall do all of the	96001
following:	96002

(1) Release information regarding a public assistance	96003
recipient for purposes directly connected to the administration of	96004
the program to a government entity responsible for administering	96005
that public assistance program;	96006

(2) Provide information regarding a public assistance	96007
recipient to a law enforcement agency for the purpose of any	96008
investigation, prosecution, or criminal or civil proceeding	96009
relating to the administration of that public assistance program;	96010

(3) Provide, for purposes directly connected to the	96011
administration of a program that assists needy individuals with	96012
the costs of public utility services, information regarding a	96013
recipient of financial assistance provided under a program	96014
administered by the department or a county agency pursuant to	96015
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to	96016
5115.07 of the Revised Code to an entity administering the public	96017
utility services program.	96018

(C) To the extent permitted by federal law and section	96019
1347.08 of the Revised Code, the department and county agencies	96020
shall provide access to information regarding a public assistance	96021
recipient to all of the following:	96022

(1) The recipient;

96023

(2) The authorized representative;

96024

(3) The legal guardian of the recipient;

96025

(4) The attorney of the recipient, if the attorney has	96026
written authorization that complies with section ~~5101.271~~5101.272	96027
of the Revised Code from the recipient.	96028

(D) To the extent permitted by federal law and subject to	96029
division (E) of this section, the department and county agencies	96030
may do both of the following:	96031

(1) Release information about a public assistance recipient	96032
if the recipient gives voluntary, written authorization that	96033
complies with section ~~5101.271~~5101.272 of the Revised Code;	96034

(2) Release information regarding a public assistance	96035
recipient to a state, federal, or federally assisted program that	96036
provides cash or in-kind assistance or services directly to	96037
individuals based on need or for the purpose of protecting	96038
children to a government entity responsible for administering a	96039
children's protective services program.	96040

(E) Except when the release is required by division (B), (C),	96041
or (D)(2) of this section, the department or county agency shall	96042
release the information only in accordance with the authorization.	96043
The department or county agency shall provide, at no cost, a copy	96044
of each written authorization to the individual who signed it.	96045

(F) ~~The department or county agency may release information~~	96046
~~under division (D) of this section concerning the receipt of~~	96047
~~medical assistance provided under a public assistance program only~~	96048
~~if all of the following conditions are met:~~	96049

~~(1) The release of information is for purposes directly~~	96050
~~connected to the administration of or provision of medical~~	96051
~~assistance provided under a public assistance program;~~	96052

~~(2) The information is released to persons or government~~	96053
~~entities that are subject to standards of confidentiality and~~	96054
~~safeguarding information substantially comparable to those~~	96055
~~established for medical assistance provided under a public~~	96056
~~assistance program;~~	96057

~~(3) The department or county agency has obtained an~~	96058
~~authorization consistent with section 5101.271 of the Revised~~	96059
~~Code.~~	96060

~~(G) Information concerning the receipt of medical assistance~~	96061
~~provided under a public assistance program may be released only if~~	96062
~~the release complies with this section and rules adopted by the~~	96063
~~department pursuant to section 5101.30 of the Revised Code or, if~~	96064
~~more restrictive, the Health Insurance Portability and~~	96065
~~Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,~~	96066
~~42 U.S.C. 1320d, et seq., as amended, and regulations adopted by~~	96067
~~the United States department of health and human services to~~	96068
~~implement the act.~~	96069

~~(H)~~ The department of job and family services may adopt rules	96070
defining "authorized representative" for purposes of division	96071
(C)(2) of this section.	96072

Sec. 5101.271. (A) Except as permitted by this section,	96073
section 5101.273, or rules adopted under section 5101.30 of the	96074
Revised Code, or when required by federal law, no person or	96075
government entity shall use or disclose information regarding a	96076
medical assistance recipient for any purpose not directly	96077
connected with the administration of the medical assistance	96078
program.	96079

(B) Both of the following shall be considered to be purposes	96080
directly connected with the administration of the medical	96081
assistance program:	96082

(1) Treatment, payment, or other operations or activities	96083
authorized by 42 C.F.R. Chapter IV;	96084

(2) Any administrative function or duty the department of job	96085
and family services performs alone or jointly with a federal	96086
government entity, another state government entity, or a local	96087
government entity implementing a provision of federal law.	96088

(C) The department or a county agency may disclose	96089
information regarding a medical assistance recipient to any of the	96090
following:	96091

(1) The recipient or the recipient's authorized	96092
representative;	96093

(2) The recipient's legal guardian in accordance with	96094
division (C) of section 2111.13 of the Revised Code;	96095

(3) The attorney of the recipient, if the department or	96096
county agency has obtained authorization from the recipient, the	96097
recipient's authorized representative, or the recipient's legal	96098
guardian that meets all requirements of the Health Insurance	96099
Portability and Accountability Act of 1996, Pub. L. 104-191, 110	96100
Stat. 1955, 42 U.S.C. 1320d et seq., as amended, regulations	96101
promulgated by the United States department of health and human	96102
services to implement the act, section 5101.272 of the Revised	96103
Code, and any rules the director of job and family services adopts	96104
under section 5101.30 of the Revised Code;	96105

(4) A health information or health records management entity	96106
that has executed with the department a business associate	96107
agreement required by 45 C.F.R 164.502(e)(2) and has been	96108
authorized by the recipient, the recipient's authorized	96109
representative, or the recipient's legal guardian to receive the	96110
recipient's electronic health records in accordance with rules the	96111
director of job and family services adopts under section 5101.30	96112
of the Revised Code;	96113

(5) A court if pursuant to a written order of the court.

96114

(D) The department may receive from county departments of job	96115
and family services information regarding any medical assistance	96116
recipient for purposes of training and verifying the accuracy of	96117
eligibility determinations for medical assistance. The department	96118
may assemble information received under this division into a	96119
report if the report is in a form specified by the department.	96120
Information received and assembled into a report under this	96121
division shall remain confidential and not besubject to	96122
disclosure pursuant to section 149.43 or 1347.08 of the Revised	96123
Code.	96124

(E) The department shall notify courts in this state	96125
regarding its authority, under division (C)(5) of this section, to	96126
disclose information regarding a medical assistance recipient	96127
pursuant to a written court order.	96128

~~Sec. 5101.271.~~ Sec. 5101.272. (A) For the purposes of ~~section~~	96129
sections 5101.27 and 5101.271 of the Revised Code, an	96130
authorization shall be made on a form that uses language	96131
understandable to the average person and contains all of the	96132
following:	96133

(1) A description of the information to be used or disclosed	96134
that identifies the information in a specific and meaningful	96135
fashion;	96136

(2) The name or other specific identification of the person	96137
or class of persons authorized to make the requested use or	96138
disclosure;	96139

(3) The name or other specific identification of the person	96140
or governmental entity to which the information may be released;	96141

(4) A description of each purpose of the requested use or	96142
disclosure of the information;	96143

(5) The date on which the authorization expires or an event	96144
related either to the individual who is the subject of the request	96145
or to the purposes of the requested use or disclosure, the	96146
occurrence of which will cause the authorization to expire;	96147

(6) A statement that the information used or disclosed	96148
pursuant to the authorization may be disclosed by the recipient of	96149
the information and may no longer be protected from disclosure;	96150

(7) The signature of the individual or the individual's	96151
authorized representative and the date on which the authorization	96152
was signed;	96153

(8) If signed by an authorized representative, a description	96154
of the representative's authority to act for the individual;	96155

(9) A statement of the individual or authorized	96156
representative's right to prospectively revoke the written	96157
authorization in writing, along with one of the following:	96158

(a) A description of how the individual or authorized	96159
representative may revoke the authorization;	96160

(b) If the department of job and family services' privacy	96161
notice contains a description of how the individual or authorized	96162
representative may revoke the authorization, a reference to that	96163
privacy notice.	96164

(10) A statement that treatment, payment, enrollment, or	96165
eligibility for public assistance or medical assistance cannot be	96166
conditioned on signing the authorization unless the authorization	96167
is necessary for determining eligibility for the public assistance	96168
or medical assistance program.	96169

(B) An authorization for the release of information regarding	96170
a medical assistance recipient to the recipient's attorney under	96171
division (C)(3) of section 5101.271 of the Revised Code may	96172
include a provision specifically authorizing the release of the	96173
recipient's electronic health records, if any, in accordance with	96174
rules the director of job and family services adopts under section	96175
5101.30 of the Revised Code.	96176

(C) When an individual requests information pursuant to	96177
section 5101.27 or 5101.271 of the Revised Code regarding the	96178
individual's receipt of public assistance or medical assistance	96179
and does not wish to provide a statement of purpose, the statement	96180
"at request of the individual" is a sufficient description for	96181
purposes of division (A)(4) of this section.	96182

~~Sec. 5101.272.~~ Sec. 5101.273. ~~Not later than August 31, 2007, the~~	96183
~~director of job and family services shall submit a report to the~~	96184
~~general assembly on the costs and potential three-year cost~~	96185
~~savings associated with participation in the~~	96186
~~federally-administered public assistance reporting information~~	96187
~~system. If cost savings are indicated in the report, not later~~	96188
~~than October 1, 2007, the~~The department of job and family	96189
services shall enter into any necessary agreements with the United	96190
States department of health and human services and neighboring	96191
states to join and participate as an active member in the public	96192
assistance reporting information system. The department may	96193
disclose information regarding a public assistance recipient or	96194
medical assistance recipient to the extent necessary to	96195
participate as an active member in the public assistance reporting	96196
information system.	96197

Sec. 5101.28. (A)(1) On request of the department of job and	96198
family services or a county agency, a law enforcement agency shall	96199
provide information regarding public assistance recipients to	96200
enable the department or county agency to determine, for	96201
eligibility purposes, whether a recipient or a member of a	96202
recipient's assistance group is a fugitive felon or violating a	96203
condition of probation, a community control sanction, parole, or a	96204
post-release control sanction imposed under state or federal law.	96205

(2) A county agency may enter into a written agreement with a	96206
local law enforcement agency establishing procedures concerning	96207
access to information and providing for compliance with division	96208
(F) of this section.	96209

(B) To the extent permitted by federal law, the department	96210
and county agencies shall provide information~~, except information~~	96211
~~directly related to the receipt of medical assistance or medical~~	96212
~~services,~~ regarding recipients of public assistance under a	96213
program administered by the state department or a county agency	96214
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	96215
law enforcement agencies on request for the purposes of	96216
investigations, prosecutions, and criminal and civil proceedings	96217
that are within the scope of the law enforcement agencies'	96218
official duties.	96219

(C) Information about a public assistance recipient shall be	96220
exchanged, obtained, or shared only if the department, county	96221
agency, or law enforcement agency requesting the information gives	96222
sufficient information to specifically identify the recipient. In	96223
addition to the recipient's name, identifying information may	96224
include the recipient's current or last known address, social	96225
security number, other identifying number, age, gender, physical	96226
characteristics, any information specified in an agreement entered	96227
into under division (A) of this section, or any information	96228
considered appropriate by the department or agency.	96229

(D)(1) The department and its officers and employees are not	96230
liable in damages in a civil action for any injury, death, or loss	96231
to person or property that allegedly arises from the release of	96232
information in accordance with divisions (A), (B), and (C) of this	96233
section. This section does not affect any immunity or defense that	96234
the department and its officers and employees may be entitled to	96235
under another section of the Revised Code or the common law of	96236
this state, including section 9.86 of the Revised Code.	96237

(2) The county agencies and their employees are not liable in	96238
damages in a civil action for any injury, death, or loss to person	96239
or property that allegedly arises from the release of information	96240
in accordance with divisions (A), (B), and (C) of this section.	96241
"Employee" has the same meaning as in division (B) of section	96242
2744.01 of the Revised Code. This section does not affect any	96243
immunity or defense that the county agencies and their employees	96244
may be entitled to under another section of the Revised Code or	96245
the common law of this state, including section 2744.02 and	96246
division (A)(6) of section 2744.03 of the Revised Code.	96247

(E) To the extent permitted by federal law, the department	96248
and county agencies shall provide access to information to the	96249
auditor of state acting pursuant to Chapter 117. or sections	96250
5101.181 and 5101.182 of the Revised Code and to any other	96251
government entity authorized by federal law to conduct an audit	96252
of, or similar activity involving, a public assistance program.	96253

(F) The auditor of state shall prepare an annual report on	96254
the outcome of the agreements required under division (A) of this	96255
section. The report shall include the number of fugitive felons,	96256
probation and parole violators, and violators of community control	96257
sanctions and post-release control sanctions apprehended during	96258
the immediately preceding year as a result of the exchange of	96259
information pursuant to that division. The auditor of state shall	96260
file the report with the governor, the president and minority	96261
leader of the senate, and the speaker and minority leader of the	96262
house of representatives. The state department, county agencies,	96263
and law enforcement agencies shall cooperate with the auditor of	96264
state's office in gathering the information required under this	96265
division.	96266

(G) To the extent permitted by federal law, the department of	96267
job and family services, county departments of job and family	96268
services, and employees of the departments may report to a public	96269
children services agency or other appropriate agency information	96270
on known or suspected physical or mental injury, sexual abuse or	96271
exploitation, or negligent treatment or maltreatment, of a child	96272
receiving public assistance, if circumstances indicate that the	96273
child's health or welfare is threatened.	96274

(H) As used in this section:

96275

(1) "Community control sanction" has the same meaning as in	96276
section 2929.01 of the Revised Code.	96277

(2) "Post-release control sanction" has the same meaning as	96278
in section 2967.01 of the Revised Code.	96279

Sec. 5101.30. (A) The director of job and family services	96280
shall adopt rules in accordance with Chapter 119. of the Revised	96281
Code implementing sections 5101.26 to 5101.30 of the Revised Code	96282
and governing the custody, use, disclosure, and preservation of	96283
the information generated or received by the department of job and	96284
family services, county agencies, other state and county entities,	96285
contractors, grantees, private entities, or officials	96286
participating in the administration of public assistance or	96287
medical assistance programs. The rules shall comply with	96288
applicable federal statutes and regulations.~~The~~	96289

(1) The rules shall specify conditions and procedures for the	96290
release of information~~. The rules shall comply with applicable~~	96291
~~federal statutes and regulations. To the extent permitted by~~	96292
~~federal law~~which may include, among other conditions and	96293
procedures, both of the following:	96294

~~(1) The rules may permit~~(a) Permitting providers of services	96295
or assistance under public assistance programs limited access to	96296
information that is essential for the providers to render services	96297
or assistance or to bill for services or assistance rendered. The	96298
department of aging, when investigating a complaint under section	96299
173.20 of the Revised Code, shall be granted any limited access	96300
permitted in the rules pursuant to division (A)(1) of this	96301
section.	96302

~~(2) The rules may permit~~(b) Permitting a contractor,	96303
grantee, or other state or county entity limited access to	96304
information that is essential for the contractor, grantee, or	96305
entity to perform administrative or other duties on behalf of the	96306
department or county agency. A contractor, grantee, or entity	96307
given access to information pursuant to division (A)(2) of this	96308
section is bound by the director's rules, and disclosure of the	96309
information by the contractor, grantee, or entity in a manner not	96310
authorized by the rules is a violation of section 5101.27 of the	96311
Revised Code.	96312

(2) The rules may define who is an "authorized	96313
representative" for purposes of sections 5101.27, 5101.271, and	96314
5101.272 of the Revised Code.	96315

(B) Whenever names, addresses, or other information relating	96316
to public assistance recipients is held by any agency other than	96317
the department or a county agency, that other agency shall adopt	96318
rules consistent with sections 5101.26 to 5101.30 of the Revised	96319
Code to prevent the publication or disclosure of names, lists, or	96320
other information concerning those recipients.	96321

Sec. 5101.35. (A) As used in this section:

96322

(1) "Agency" means the following entities that administer a	96323
family services program:	96324

(a) The department of job and family services;

96325

(b) A county department of job and family services;

96326

96327

(d) A private or government entity administering, in whole or	96328
in part, a family services program for or on behalf of the	96329
department of job and family services or a county department of	96330
job and family services or public children services agency.	96331

(2) "Appellant" means an applicant, participant, former	96332
participant, recipient, or former recipient of a family services	96333
program who is entitled by federal or state law to a hearing	96334
regarding a decision or order of the agency that administers the	96335
program.	96336

(3) "Family services program" means assistance provided under	96337
a Title IV-A program as defined in section 5101.80 of the Revised	96338
Code or under Chapter 5104., 5111., or 5115. or section ~~173.35~~	96339
5119.69, 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or	96340
5153.165 of the Revised Code, other than assistance provided under	96341
section 5101.46 of the Revised Code by the department of mental	96342
health, the department of developmental disabilities, a board of	96343
alcohol, drug addiction, and mental health services, or a county	96344
board of developmental disabilities.	96345

(B) Except as provided by divisions (G) and (H) of this	96346
section, an appellant who appeals under federal or state law a	96347
decision or order of an agency administering a family services	96348
program shall, at the appellant's request, be granted a state	96349
hearing by the department of job and family services. This state	96350
hearing shall be conducted in accordance with rules adopted under	96351
this section. The state hearing shall be recorded, but neither the	96352
recording nor a transcript of the recording shall be part of the	96353
official record of the proceeding. A state hearing decision is	96354
binding upon the agency and department, unless it is reversed or	96355
modified on appeal to the director of job and family services or a	96356
court of common pleas.	96357

(C) Except as provided by division (G) of this section, an	96358
appellant who disagrees with a state hearing decision may make an	96359
administrative appeal to the director of job and family services	96360
in accordance with rules adopted under this section. This	96361
administrative appeal does not require a hearing, but the director	96362
or the director's designee shall review the state hearing decision	96363
and previous administrative action and may affirm, modify, remand,	96364
or reverse the state hearing decision. Any person designated to	96365
make an administrative appeal decision on behalf of the director	96366
shall have been admitted to the practice of law in this state. An	96367
administrative appeal decision is the final decision of the	96368
department and is binding upon the department and agency, unless	96369
it is reversed or modified on appeal to the court of common pleas.	96370

(D) An agency shall comply with a decision issued pursuant to	96371
division (B) or (C) of this section within the time limits	96372
established by rules adopted under this section. If a county	96373
department of job and family services or a public children	96374
services agency fails to comply within these time limits, the	96375
department may take action pursuant to section 5101.24 of the	96376
Revised Code. If another agency fails to comply within the time	96377
limits, the department may force compliance by withholding funds	96378
due the agency or imposing another sanction established by rules	96379
adopted under this section.	96380

(E) An appellant who disagrees with an administrative appeal	96381
decision of the director of job and family services or the	96382
director's designee issued under division (C) of this section may	96383
appeal from the decision to the court of common pleas pursuant to	96384
section 119.12 of the Revised Code. The appeal shall be governed	96385
by section 119.12 of the Revised Code except that:	96386

(1) The person may appeal to the court of common pleas of the	96387
county in which the person resides, or to the court of common	96388
pleas of Franklin county if the person does not reside in this	96389
state.	96390

(2) The person may apply to the court for designation as an	96391
indigent and, if the court grants this application, the appellant	96392
shall not be required to furnish the costs of the appeal.	96393

(3) The appellant shall mail the notice of appeal to the	96394
department of job and family services and file notice of appeal	96395
with the court within thirty days after the department mails the	96396
administrative appeal decision to the appellant. For good cause	96397
shown, the court may extend the time for mailing and filing notice	96398
of appeal, but such time shall not exceed six months from the date	96399
the department mails the administrative appeal decision. Filing	96400
notice of appeal with the court shall be the only act necessary to	96401
vest jurisdiction in the court.	96402

(4) The department shall be required to file a transcript of	96403
the testimony of the state hearing with the court only if the	96404
court orders the department to file the transcript. The court	96405
shall make such an order only if it finds that the department and	96406
the appellant are unable to stipulate to the facts of the case and	96407
that the transcript is essential to a determination of the appeal.	96408
The department shall file the transcript not later than thirty	96409
days after the day such an order is issued.	96410

(F) The department of job and family services shall adopt	96411
rules in accordance with Chapter 119. of the Revised Code to	96412
implement this section, including rules governing the following:	96413

(1) State hearings under division (B) of this section. The	96414
rules shall include provisions regarding notice of eligibility	96415
termination and the opportunity of an appellant appealing a	96416
decision or order of a county department of job and family	96417
services to request a county conference with the county department	96418
before the state hearing is held.	96419

(2) Administrative appeals under division (C) of this	96420
section;	96421

(3) Time limits for complying with a decision issued under	96422
division (B) or (C) of this section;	96423

(4) Sanctions that may be applied against an agency under	96424
division (D) of this section.	96425

(G) The department of job and family services may adopt rules	96426
in accordance with Chapter 119. of the Revised Code establishing	96427
an appeals process for an appellant who appeals a decision or	96428
order regarding a Title IV-A program identified under division	96429
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code	96430
that is different from the appeals process established by this	96431
section. The different appeals process may include having a state	96432
agency that administers the Title IV-A program pursuant to an	96433
interagency agreement entered into under section 5101.801 of the	96434
Revised Code administer the appeals process.	96435

(H) If an appellant receiving medicaid through a health	96436
insuring corporation that holds a certificate of authority under	96437
Chapter 1751. of the Revised Code is appealing a denial of	96438
medicaid services based on lack of medical necessity or other	96439
clinical issues regarding coverage by the health insuring	96440
corporation, the person hearing the appeal may order an	96441
independent medical review if that person determines that a review	96442
is necessary. The review shall be performed by a health care	96443
professional with appropriate clinical expertise in treating the	96444
recipient's condition or disease. The department shall pay the	96445
costs associated with the review.	96446

A review ordered under this division shall be part of the	96447
record of the hearing and shall be given appropriate evidentiary	96448
consideration by the person hearing the appeal.	96449

(I) The requirements of Chapter 119. of the Revised Code	96450
apply to a state hearing or administrative appeal under this	96451
section only to the extent, if any, specifically provided by rules	96452
adopted under this section.	96453

Sec. 5101.37. (A) The department of job and family services	96454
and each county department of job and family services and child	96455
support enforcement agency may ~~make~~conduct any audits or	96456
investigations that are necessary in the performance of their	96457
duties, and to that end they shall have the same power as a judge	96458
of a county court to administer oaths and to enforce the	96459
attendance and testimony of witnesses and the production of books	96460
or papers.	96461

The department and each county department and agency shall	96462
keep a record of their audits and investigations stating the time,	96463
place, charges, or subject,; witnesses summoned and examined,; and	96464
their conclusions.	96465

Witnesses shall be paid the fees and mileage provided for	96466
under section 119.094 of the Revised Code.	96467

(B) In conducting hearings pursuant to Chapters 3119., 3121.,	96468
and 3123. or pursuant to division (B) of section 5101.35 of the	96469
Revised Code, the department and each child support enforcement	96470
agency have the same power as a judge of a county court to	96471
administer oaths and to enforce the attendance and testimony of	96472
witnesses and the production of books or papers. The department	96473
and each agency shall keep a record of those hearings stating the	96474
time, place, charges, or subject,; witnesses summoned and	96475
examined,; and their conclusions.	96476

The issuance of a subpoena by the department or a child	96477
support enforcement agency to enforce attendance and testimony of	96478
witnesses and the production of books or papers at a hearing is	96479
discretionary and the department or agency is not required to pay	96480
the fees of witnesses for attendance and travel.	96481

(C) Any judge of any division of the court of common pleas,	96482
upon application of the department or a county department or child	96483
support enforcement agency, may compel the attendance of	96484
witnesses, the production of books or papers, and the giving of	96485
testimony before the department, county department, or agency, by	96486
a judgment for contempt or otherwise, in the same manner as in	96487
cases before those courts.	96488

(D) Until an audit report is formally released by the	96489
department of job and family services, the audit report or any	96490
working paper or other document or record prepared by the	96491
department and related to the audit that is the subject of the	96492
audit report is not a public record under section 149.43 of the	96493
Revised Code.	96494

(E) The director of job and family services may adopt rules	96495
as necessary to implement this section. The rules shall be adopted	96496
in accordance with section 111.15 of the Revised Code as if they	96497
were internal management rules.	96498

Sec. 5101.46. (A) As used in this section:

96499

(1) "Title XX" means Title XX of the "Social Security Act,"	96500
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	96501

(2) "Respective local agency" means, with respect to the	96502
department of job and family services, a county department of job	96503
and family services; with respect to the department of mental	96504
health, a board of alcohol, drug addiction, and mental health	96505
services; and with respect to the department of developmental	96506
disabilities, a county board of developmental disabilities.	96507

(3) "Federal poverty guidelines" means the poverty guidelines	96508
as revised annually by the United States department of health and	96509
human services in accordance with section 673(2) of the "Omnibus	96510
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	96511
9902, as amended, for a family size equal to the size of the	96512
family of the person whose income is being determined.	96513

(B) The departments of job and family services, mental	96514
health, and developmental disabilities, with their respective	96515
local agencies, shall administer the provision of social services	96516
funded through grants made under Title XX. The social services	96517
furnished with Title XX funds shall be directed at the following	96518
goals:	96519

(1) Achieving or maintaining economic self-support to	96520
prevent, reduce, or eliminate dependency;	96521

(2) Achieving or maintaining self-sufficiency, including	96522
reduction or prevention of dependency;	96523

(3) Preventing or remedying neglect, abuse, or exploitation	96524
of children and adults unable to protect their own interests, or	96525
preserving, rehabilitating, or reuniting families;	96526

(4) Preventing or reducing inappropriate institutional care	96527
by providing for community-based care, home-based care, or other	96528
forms of less intensive care;	96529

(5) Securing referral or admission for institutional care	96530
when other forms of care are not appropriate, or providing	96531
services to individuals in institutions.	96532

(C)(1) All federal funds received under Title XX shall be	96533
appropriated as follows:	96534

(a) Seventy-two and one-half per cent to the department of	96535
job and family services;	96536

(b) Twelve and ninety-three one-hundreths per cent to the	96537
department of mental health;	96538

(c) Fourteen and fifty-seven one-hundreths per cent to the	96539
department of developmental disabilities.	96540

(2) Each of the state ~~department~~departments shall, subject	96541
to the approval of the controlling board, develop ~~formulas~~a	96542
formula for the distribution of ~~their~~the Title XX ~~appropriations~~	96543
funds appropriated to the department to ~~their~~its respective local	96544
agencies. The ~~formulas~~formula developed by each state department	96545
shall take into account all of the following for each of its	96546
respective local agencies:	96547

(a) The total population of the area that is served by the	96548
respective local agency~~, the~~;	96549

(b) The percentage of the population in the area served that	96550
falls below the federal poverty guidelines~~, and the~~;	96551

(c) The respective local agency's history of and ability to	96552
utilize Title XX funds.	96553

(3) Each of the state departments shall expend nofor state	96554
administrative costs not more than three per cent of ~~its~~the Title	96555
XX ~~appropriation for state administrative costs~~funds appropriated	96556
to the department. ~~Each of the department's respective local~~	96557
~~agencies shall expend no more than fourteen per cent of its Title~~	96558
~~XX appropriation~~	96559

Each state department shall establish for each of its	96560
respective local agencies the maximum percentage of the Title XX	96561
funds distributed to the respective local agency that the	96562
respective local agency may expend for local administrative costs.	96563
The percentage shall be established by rule and shall comply with	96564
federal law governing the use of Title XX funds. The rules shall	96565
be adopted in accordance with section 111.15 of the Revised Code	96566
as if they were internal management rules.	96567

(4) The department of job and family services shall expend no	96568
for the training of the following not more than two per cent of	96569
~~its~~the Title XX ~~appropriation for the training of the following~~	96570
funds appropriated to the department:	96571

(a) Employees of county departments of job and family	96572
services;	96573

(b) Providers of services under contract with the state	96574
departments' respective local agencies;	96575

(c) Employees of a public children services agency directly	96576
engaged in providing Title XX services.	96577

(D) The department of job and family services shall prepare a	96578
biennial comprehensive Title XX social services plan on the	96579
intended use of Title XX funds. The department shall develop a	96580
method for obtaining public comment during the development of the	96581
plan and following its completion.	96582

For each state fiscal year, the department of job and family	96583
services shall prepare a report on the actual use of Title XX	96584
funds. The department shall make the annual report available for	96585
public inspection.	96586

The departments of mental health and developmental	96587
disabilities shall prepare and submit to the department of job and	96588
family services the portions of each biennial plan and annual	96589
report that apply to services for mental health and mental	96590
retardation and developmental disabilities. Each respective local	96591
agency of the three state departments shall submit information as	96592
necessary for the preparation of biennial plans and annual	96593
reports.	96594

(E) Each county department shall adopt a county profile for	96595
the administration and provision of Title XX social services in	96596
the county. In developing its county profile, the county	96597
department shall take into consideration the comments and	96598
recommendations received from the public by the county family	96599
services planning committee pursuant to section 329.06 of the	96600
Revised Code. As part of its preparation of the county profile,	96601
the county department may prepare a local needs report analyzing	96602
the need for Title XX social services.	96603

The county department shall submit the county profile to the	96604
board of county commissioners for its review. Once the county	96605
profile has been approved by the board, the county department	96606
shall file a copy of the county profile with the department of job	96607
and family services. The department shall approve the county	96608
profile if the department determines the profile provides for the	96609
Title XX social services to meet the goals specified in division	96610
(B) of this section.	96611

(F) Any of the three state departments and their respective	96612
local agencies may require that an entity under contract to	96613
provide social services with Title XX funds submit to an audit on	96614
the basis of alleged misuse or improper accounting of funds. If an	96615
audit is required, the social services provider shall reimburse	96616
the state department or respective local agency for the cost it	96617
incurred in conducting the audit or having the audit conducted.	96618

If an audit demonstrates that a social services provider is	96619
responsible for one or more adverse findings, the provider shall	96620
reimburse the appropriate state department or its respective local	96621
agency the amount of the adverse findings. The amount shall not be	96622
reimbursed with Title XX funds received under this section. The	96623
three state departments and their respective local agencies may	96624
terminate or refuse to enter into a Title XX contract with a	96625
social services provider if there are adverse findings in an audit	96626
that are the responsibility of the provider.	96627

(G) ~~The~~Except with respect to the matters for which each of	96628
the state departments must adopt rules under division (C)(3) of	96629
this section, the department of job and family services may adopt	96630
any rules it considers necessary to implement and carry out the	96631
purposes of this section. Rules governing financial and	96632
operational matters of the department or matters between the	96633
department and county departments of job and family services shall	96634
be adopted as internal management rules in accordance with section	96635
111.15 of the Revised Code. Rules governing eligibility for	96636
services, program participation, and other matters pertaining to	96637
applicants and participants shall be adopted in accordance with	96638
Chapter 119. of the Revised Code.	96639

Sec. 5101.47. (A) Except as provided in ~~division~~divisions	96640
(B) and (C) of this section, the ~~director~~department of job and	96641
family services may accept applications, determine eligibility,	96642
redetermine eligibility, and perform related administrative	96643
activities for one or more of the following:	96644

(1) The medicaid program established by Chapter 5111. of the	96645
Revised Code;	96646

(2) The children's health insurance program parts I, II, and	96647
III provided for under sections 5101.50~~, 5101.51, and 5101.52~~to	96648
5101.529 of the Revised Code;	96649

(3) Publicly funded child care provided under Chapter 5104.	96650
of the Revised Code;	96651

(4) The supplemental nutrition assistance program	96652
administered by the department ~~of job and family services~~ pursuant	96653
to section 5101.54 of the Revised Code;	96654

(5) Other programs the director of job and family services	96655
determines are supportive of children, adults, or families;	96656

(6) Other programs regarding which the director determines	96657
administrative cost savings and efficiency may be achieved through	96658
the department accepting applications, determining eligibility,	96659
redetermining eligibility, or performing related administrative	96660
activities.	96661

(B) To the extent permitted by federal law, the department	96662
may enter into agreements with one or more other state agencies,	96663
local government entities, or political subdivisions to accept	96664
applications, determine eligibility, redetermine eligibility, and	96665
perform related administrative activities on behalf of the	96666
department with respect to the medicaid program and the children's	96667
health insurance program.	96668

(C) If federal law requires a face-to-face interview to	96669
complete an eligibility determination for a program specified in	96670
or pursuant to division (A) of this section, the face-to-face	96671
interview shall not be conducted by the department of job and	96672
family services.	96673

~~(C)~~(D) Subject to division ~~(B)~~(C) of this section, if the	96674
~~director~~department elects to accept applications, determine	96675
eligibility, redetermine eligibility, and perform related	96676
administrative activities for a program specified in or pursuant	96677
to division (A) of this section, both of the following apply:	96678

(1) An individual seeking services under the program may	96679
apply for the program to the ~~director~~department or to the entity	96680
that state law governing the program authorizes to accept	96681
applications for the program.	96682

(2) The ~~director~~department is subject to federal statutes	96683
and regulations and state statutes and rules that require, permit,	96684
or prohibit an action regarding accepting applications,	96685
determining or redetermining eligibility, and performing related	96686
administrative activities for the program.	96687

~~(D)~~(E) The director may adopt rules as necessary to implement	96688
this section.	96689

Sec. 5101.50. (A) As used in sections 5101.50 to ~~5101.529~~	96690
5101.5210 of the Revised Code:	96691

(1) "Children's health insurance program" means the program	96692
authorized by Title XXI of the "Social Security Act," 111 Stat.	96693
552 (1997), 42 U.S.C.A. 1397aa.	96694

(2) "Federal poverty guidelines" has the same meaning as in	96695
section 5101.46 of the Revised Code.	96696

(3) "School-based health center" has the same meaning as in	96697
42 U.S.C. 1397jj(c)(9).	96698

(B) The director of job and family services may continue to	96699
operate the children's health insurance program initially	96700
authorized by an executive order issued under section 107.17 of	96701
the Revised Code as long as federal financial participation is	96702
available for the program. If operated, the program shall provide	96703
health assistance to uninsured individuals under nineteen years of	96704
age with family incomes not exceeding one hundred fifty per cent	96705
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	96706
1397aa, the director may provide for the health assistance to meet	96707
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	96708
medicaid program established under Chapter 5111. of the Revised	96709
Code, or to be a combination of both.	96710

Sec. 5101.504. Health assistance services that the	96711
children's health insurance program part I covers may be furnished	96712
through school-based health centers. Not later than July 1, 2012,	96713
the director of job and family services shall adopt rules under	96714
section 5101.502 of the Revised Code establishing billing,	96715
reimbursement, and data collection requirements for school-based	96716
health centers through which such health assistance services are	96717
furnished.	96718

Sec. 5101.5110. Health assistance services that the	96719
children's health insurance program part II covers may be	96720
furnished through school-based health centers. Not later than July	96721
1, 2012, the director of job and family services shall adopt rules	96722
under section 5101.512 of the Revised Code establishing billing,	96723
reimbursement, and data collection requirements for school-based	96724
health centers through which such health assistance services are	96725
furnished.	96726

~~Sec. 5101.5110.~~ Sec. 5101.5111. (A) The director of job and family	96727
services may submit a waiver request to the United States	96728
secretary of health and human services to provide health	96729
assistance to any individual who meets all of the following	96730
requirements:	96731

(1) Is the parent of a child under nineteen years of age who	96732
resides with the parent and is eligible for health assistance	96733
under the children's health insurance program part I or II or the	96734
medicaid program established under Chapter 5111. of the Revised	96735
Code;	96736

(2) Is uninsured;

96737

(3) Has a family income that does not exceed one hundred per	96738
cent of the federal poverty guidelines.	96739

(B) A waiver request the director submits under division (A)	96740
of this section may seek federal funds allotted to the state under	96741
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	96742
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	96743
the children's health insurance program parts I and II.	96744

(C) If a waiver request the director submits under division	96745
(A) of this section is granted, the director may adopt rules in	96746
accordance with Chapter 119. of the Revised Code as necessary for	96747
the efficient administration of the program authorization by the	96748
waiver.	96749

Sec. 5101.5210. Health assistance services that the	96750
children's health insurance program part III covers may be	96751
furnished through school-based health centers. Not later than July	96752
1, 2012, the director of job and family services shall adopt rules	96753
under section 5101.522 of the Revised Code establishing billing,	96754
reimbursement, and data collection requirements for school-based	96755
health centers through which such health assistance services are	96756
furnished.	96757

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	96758
the Revised Code:	96759

(A) "Information" means all of the following:

96760

(1) An individual's name, address, date of birth, and social	96761
security number;	96762

(2) The group or plan number, or other identifier, assigned	96763
by a third party to a policy held by an individual or a plan in	96764
which the individual participates and the nature of the coverage;	96765

(3) Any other data the director of job and family services	96766
specifies in rules adopted under section 5101.591 of the Revised	96767
Code.	96768

(B) "Medical assistance" means medical items or services	96769
provided under any of the following:	96770

(1) Medicaid, as defined in section 5111.01 of the Revised	96771
Code;	96772

(2) The children's health insurance program part I, part II,	96773
and part III established under sections 5101.50, 5101.51, and	96774
5101.52 of the Revised Code;	96775

~~(3) The children's buy-in program established under sections~~	96776
~~5101.5211 to 5101.5216 of the Revised Code~~.	96777

(C) "Medical support" means support specified as support for	96778
the purpose of medical care by order of a court or administrative	96779
agency.	96780

(D) "Public assistance" means medical assistance or	96781
assistance under the Ohio works first program established under	96782
Chapter 5107. of the Revised Code.	96783

(E)(1) Subject to division (E)(2) of this section, and except	96784
as provided in division (E)(3) of this section, "third party"	96785
means all of the following:	96786

(a) A person authorized to engage in the business of sickness	96787
and accident insurance under Title XXXIX of the Revised Code;	96788

(b) A person or governmental entity providing coverage for	96789
medical services or items to individuals on a self-insurance	96790
basis;	96791

(c) A health insuring corporation as defined in section	96792
1751.01 of the Revised Code;	96793

(d) A group health plan as defined in 29 U.S.C. 1167;

96794

(e) A service benefit plan as referenced in 42 U.S.C.	96795
1396a(a)(25);	96796

(f) A managed care organization;

96797

(g) A pharmacy benefit manager;

96798

(h) A third party administrator;

96799

(i) Any other person or governmental entity that is, by law,	96800
contract, or agreement, responsible for the payment or processing	96801
of a claim for a medical item or service for a public assistance	96802
recipient or participant.	96803

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	96804
person or governmental entity listed in division (E)(1) of this	96805
section is a third party even if the person or governmental entity	96806
limits or excludes payments for a medical item or service in the	96807
case of a public assistance recipient.	96808

(3) "Third party" does not include the program for medically	96809
handicapped children established under section 3701.023 of the	96810
Revised Code.	96811

Sec. 5101.573. (A) Subject to divisions (B) and (C) of this	96812
section, a third party shall do all of the following:	96813

(1) Accept the department of job and family services' right	96814
of recovery under section 5101.58 of the Revised Code and the	96815
assignment of rights to the department that are described in	96816
section 5101.59 of the Revised Code;	96817

(2) Respond to an inquiry by the department regarding a claim	96818
for payment of a medical item or service that was submitted to the	96819
third party not later than ~~three~~six years after the date of the	96820
provision of such medical item or service;	96821

(3) Not charge a fee to do either of the following for a	96822
claim described in division (A)(2) of this section:	96823

(a) Determine whether the claim should be paid;

96824

(b) Process the claim.

96825

(4) Pay a claim described in division (A)(2) of this section;

96826

~~(4)~~(5) Not deny a claim submitted by the department solely on	96827
the basis of the date of submission of the claim, type or format	96828
of the claim form, or a failure by the medical assistance	96829
recipient who is the subject of the claim to present proper	96830
documentation of coverage at the time of service, if both of the	96831
following are true:	96832

(a) The claim was submitted by the department not later than	96833
~~three~~six years after the date of the provision of the medical	96834
item or service.	96835

(b) An action by the department to enforce its right of	96836
recovery under section 5101.58 of the Revised Code on the claim	96837
was commenced not later than six years after the department's	96838
submission of the claim.	96839

~~(5)~~(6) Consider the department's payment of a claim for a	96840
medical item or service to be the equivalent of the medical	96841
assistance recipient having obtained prior authorization for the	96842
item or service from the third party;	96843

~~(6)~~(7) Not deny a claim described in division (A)~~(5)~~(6) of	96844
this section that is submitted by the department solely on the	96845
basis of the medical assistance recipient's failure to obtain	96846
prior authorization for the medical item or service.	96847

(B) For purposes of the requirements in division (A) of this	96848
section, a third party shall treat a managed care organization as	96849
the department for a claim in which both of the following are	96850
true:	96851

(1) The individual who is the subject of the claim received a	96852
medical item or service through a managed care organization that	96853
has entered into a contract with the department of job and family	96854
services under section 5111.17 of the Revised Code;	96855

(2) The department has assigned its right of recovery for the	96856
claim to the managed care organization.	96857

(C) The time limitations associated with the requirements in	96858
divisions (A)(2) and ~~(A)(4)~~(5) of this section apply only to	96859
submissions of claims to, and payments of claims by, a health	96860
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.	96861

Sec. 5101.58. (A) The acceptance of public assistance gives	96862
an automatic right of recovery to the department of job and family	96863
services and a county department of job and family services	96864
against the liability of a third party for the cost of medical	96865
assistance paid on behalf of the public assistance recipient or	96866
participant. When an action or claim is brought against a third	96867
party by a public assistance recipient or participant, any	96868
payment, settlement or compromise of the action or claim, or any	96869
court award or judgment, is subject to the recovery right of the	96870
department of job and family services or county department of job	96871
and family services. Except in the case of a recipient or	96872
participant who receives medical assistance through a managed care	96873
organization, the department's or county department's claim shall	96874
not exceed the amount of medical assistance paid by a department	96875
on behalf of the recipient or participant. A payment, settlement,	96876
compromise, judgment, or award that excludes the cost of medical	96877
assistance paid for by a department shall not preclude a	96878
department from enforcing its rights under this section.	96879

(B) In the case of a recipient or participant who receives	96880
medical assistance through a managed care organization, the amount	96881
of the department's or county department's claim shall be the	96882
amount the managed care organization pays for medical assistance	96883
rendered to the recipient or participant, even if that amount is	96884
more than the amount a department pays to the managed care	96885
organization for the recipient's or participant's medical	96886
assistance.	96887

(C) A recipient or participant, and the recipient's or	96888
participant's attorney, if any, shall cooperate with the	96889
departments. In furtherance of this requirement, the recipient or	96890
participant, or the recipient's or participant's attorney, if any,	96891
shall, not later than thirty days after initiating informal	96892
recovery activity or filing a legal recovery action against a	96893
third party, provide written notice of the activity or action to	96894
the department of job and family services when medical assistance	96895
under medicaid ~~or the children's buy-in program~~ has been paid.	96896

(D) The written notice that must be given under division (C)	96897
of this section shall disclose the identity and address of any	96898
third party against whom the recipient or participant has or may	96899
have a right of recovery.	96900

(E) No settlement, compromise, judgment, or award or any	96901
recovery in any action or claim by a recipient or participant	96902
where the departments have a right of recovery shall be made final	96903
without first giving the appropriate departments written notice as	96904
described in division (C) of this section and a reasonable	96905
opportunity to perfect their rights of recovery. If the	96906
departments are not given the appropriate written notice, the	96907
recipient or participant and, if there is one, the recipient's or	96908
participant's attorney, are liable to reimburse the departments	96909
for the recovery received to the extent of medical payments made	96910
by the departments.	96911

(F) The departments shall be permitted to enforce their	96912
recovery rights against the third party even though they accepted	96913
prior payments in discharge of their rights under this section if,	96914
at the time the departments received such payments, they were not	96915
aware that additional medical expenses had been incurred but had	96916
not yet been paid by the departments. The third party becomes	96917
liable to the department of job and family services or county	96918
department of job and family services as soon as the third party	96919
is notified in writing of the valid claims for recovery under this	96920
section.	96921

(G)(1) Subject to division (G)(2) of this section, the right	96922
of recovery of a department does not apply to that portion of any	96923
judgment, award, settlement, or compromise of a claim, to the	96924
extent of attorneys' fees, costs, or other expenses incurred by a	96925
recipient or participant in securing the judgment, award,	96926
settlement, or compromise, or to the extent of medical, surgical,	96927
and hospital expenses paid by such recipient or participant from	96928
the recipient's or participant's own resources.	96929

(2) Reasonable attorneys' fees, not to exceed one-third of	96930
the total judgment, award, settlement, or compromise, plus costs	96931
and other expenses incurred by the recipient or participant in	96932
securing the judgment, award, settlement, or compromise, shall	96933
first be deducted from the total judgment, award, settlement, or	96934
compromise. After fees, costs, and other expenses are deducted	96935
from the total judgment, award, settlement, or compromise, the	96936
department of job and family services or appropriate county	96937
department of job and family services shall receive no less than	96938
one-half of the remaining amount, or the actual amount of medical	96939
assistance paid, whichever is less.	96940

(H) A right of recovery created by this section may be	96941
enforced separately or jointly by the department of job and family	96942
services or the appropriate county department of job and family	96943
services. To enforce their recovery rights, the departments may do	96944
any of the following:	96945

(1) Intervene or join in any action or proceeding brought by	96946
the recipient or participant or on the recipient's or	96947
participant's behalf against any third party who may be liable for	96948
the cost of medical assistance paid;	96949

(2) Institute and pursue legal proceedings against any third	96950
party who may be liable for the cost of medical assistance paid;	96951

(3) Initiate legal proceedings in conjunction with any	96952
injured, diseased, or disabled recipient or participant or the	96953
recipient's or participant's attorney or representative.	96954

(I) A recipient or participant shall not assess attorney	96955
fees, costs, or other expenses against the department of job and	96956
family services or a county department of job and family services	96957
when the department or county department enforces its right of	96958
recovery created by this section.	96959

(J) The right of recovery given to the department under this	96960
section does not include rights to support from any other person	96961
assigned to the state under sections 5107.20 and 5115.07 of the	96962
Revised Code, but includes payments made by a third party under	96963
contract with a person having a duty to support.	96964

Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the	96965
Revised Code:	96966

(A) "Abuse" means the infliction upon an adult by self or	96967
others of injury, unreasonable confinement, intimidation, or cruel	96968
punishment with resulting physical harm, pain, or mental anguish.	96969

(B) "Adult" means any person sixty years of age or older	96970
within this state who is handicapped by the infirmities of aging	96971
or who has a physical or mental impairment which prevents the	96972
person from providing for the person's own care or protection, and	96973
who resides in an independent living arrangement. An "independent	96974
living arrangement" is a domicile of a person's own choosing,	96975
including, but not limited to, a private home, apartment, trailer,	96976
or rooming house. An "independent living arrangement" includes an	96977
adult care facility licensed pursuant to Chapter ~~3722.~~5119. of	96978
the Revised Code, but does not include other institutions or	96979
facilities licensed by the state or facilities in which a person	96980
resides as a result of voluntary, civil, or criminal commitment.	96981

(C) "Caretaker" means the person assuming the responsibility	96982
for the care of an adult on a voluntary basis, by contract,	96983
through receipt of payment for care, as a result of a family	96984
relationship, or by order of a court of competent jurisdiction.	96985

(D) "Court" means the probate court in the county where an	96986
adult resides.	96987

(E) "Emergency" means that the adult is living in conditions	96988
which present a substantial risk of immediate and irreparable	96989
physical harm or death to self or any other person.	96990

(F) "Emergency services" means protective services furnished	96991
to an adult in an emergency.	96992

(G) "Exploitation" means the unlawful or improper act of a	96993
caretaker using an adult or an adult's resources for monetary or	96994
personal benefit, profit, or gain.	96995

(H) "In need of protective services" means an adult known or	96996
suspected to be suffering from abuse, neglect, or exploitation to	96997
an extent that either life is endangered or physical harm, mental	96998
anguish, or mental illness results or is likely to result.	96999

(I) "Incapacitated person" means a person who is impaired for	97000
any reason to the extent that the person lacks sufficient	97001
understanding or capacity to make and carry out reasonable	97002
decisions concerning the person's self or resources, with or	97003
without the assistance of a caretaker. Refusal to consent to the	97004
provision of services shall not be the sole determinative that the	97005
person is incapacitated. "Reasonable decisions" are decisions made	97006
in daily living which facilitate the provision of food, shelter,	97007
clothing, and health care necessary for life support.	97008

(J) "Mental illness" means a substantial disorder of thought,	97009
mood, perception, orientation, or memory that grossly impairs	97010
judgment, behavior, capacity to recognize reality, or ability to	97011
meet the ordinary demands of life.	97012

(K) "Neglect" means the failure of an adult to provide for	97013
self the goods or services necessary to avoid physical harm,	97014
mental anguish, or mental illness or the failure of a caretaker to	97015
provide such goods or services.	97016

(L) "Peace officer" means a peace officer as defined in	97017
section 2935.01 of the Revised Code.	97018

(M) "Physical harm" means bodily pain, injury, impairment, or	97019
disease suffered by an adult.	97020

(N) "Protective services" means services provided by the	97021
county department of job and family services or its designated	97022
agency to an adult who has been determined by evaluation to	97023
require such services for the prevention, correction, or	97024
discontinuance of an act of as well as conditions resulting from	97025
abuse, neglect, or exploitation. Protective services may include,	97026
but are not limited to, case work services, medical care, mental	97027
health services, legal services, fiscal management, home health	97028
care, homemaker services, housing-related services, guardianship	97029
services, and placement services as well as the provision of such	97030
commodities as food, clothing, and shelter.	97031

(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,	97032
and Friday, except when such day is a holiday as defined in	97033
section 1.14 of the Revised Code.	97034

Sec. 5101.61. (A) As used in this section:

97035

(1) "Senior service provider" means any person who provides	97036
care or services to a person who is an adult as defined in	97037
division (B) of section 5101.60 of the Revised Code.	97038

(2) "Ambulatory health facility" means a nonprofit, public or	97039
proprietary freestanding organization or a unit of such an agency	97040
or organization that:	97041

(a) Provides preventive, diagnostic, therapeutic,	97042
rehabilitative, or palliative items or services furnished to an	97043
outpatient or ambulatory patient, by or under the direction of a	97044
physician or dentist in a facility which is not a part of a	97045
hospital, but which is organized and operated to provide medical	97046
care to outpatients;	97047

(b) Has health and medical care policies which are developed	97048
with the advice of, and with the provision of review of such	97049
policies, an advisory committee of professional personnel,	97050
including one or more physicians, one or more dentists, if dental	97051
care is provided, and one or more registered nurses;	97052

(c) Has a medical director, a dental director, if dental care	97053
is provided, and a nursing director responsible for the execution	97054
of such policies, and has physicians, dentists, nursing, and	97055
ancillary staff appropriate to the scope of services provided;	97056

(d) Requires that the health care and medical care of every	97057
patient be under the supervision of a physician, provides for	97058
medical care in a case of emergency, has in effect a written	97059
agreement with one or more hospitals and other centers or clinics,	97060
and has an established patient referral system to other resources,	97061
and a utilization review plan and program;	97062

(e) Maintains clinical records on all patients;

97063

(f) Provides nursing services and other therapeutic services	97064
in accordance with programs and policies, with such services	97065
supervised by a registered professional nurse, and has a	97066
registered professional nurse on duty at all times of clinical	97067
operations;	97068

(g) Provides approved methods and procedures for the	97069
dispensing and administration of drugs and biologicals;	97070

(h) Has established an accounting and record keeping system	97071
to determine reasonable and allowable costs;	97072

(i) "Ambulatory health facilities" also includes an	97073
alcoholism treatment facility approved by the joint commission on	97074
accreditation of healthcare organizations as an alcoholism	97075
treatment facility or certified by the department of alcohol and	97076
drug addiction services, and such facility shall comply with other	97077
provisions of this division not inconsistent with such	97078
accreditation or certification.	97079

(3) "Community mental health facility" means a facility which	97080
provides community mental health services and is included in the	97081
comprehensive mental health plan for the alcohol, drug addiction,	97082
and mental health service district in which it is located.	97083

(4) "Community mental health service" means services, other	97084
than inpatient services, provided by a community mental health	97085
facility.	97086

(5) "Home health agency" means an institution or a distinct	97087
part of an institution operated in this state which:	97088

(a) Is primarily engaged in providing home health services;

97089

(b) Has home health policies which are established by a group	97090
of professional personnel, including one or more duly licensed	97091
doctors of medicine or osteopathy and one or more registered	97092
professional nurses, to govern the home health services it	97093
provides and which includes a requirement that every patient must	97094
be under the care of a duly licensed doctor of medicine or	97095
osteopathy;	97096

(c) Is under the supervision of a duly licensed doctor of	97097
medicine or doctor of osteopathy or a registered professional	97098
nurse who is responsible for the execution of such home health	97099
policies;	97100

(d) Maintains comprehensive records on all patients;

97101

(e) Is operated by the state, a political subdivision, or an	97102
agency of either, or is operated not for profit in this state and	97103
is licensed or registered, if required, pursuant to law by the	97104
appropriate department of the state, county, or municipality in	97105
which it furnishes services; or is operated for profit in this	97106
state, meets all the requirements specified in divisions (A)(5)(a)	97107
to (d) of this section, and is certified under Title XVIII of the	97108
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as	97109
amended.	97110

(6) "Home health service" means the following items and	97111
services, provided, except as provided in division (A)(6)(g) of	97112
this section, on a visiting basis in a place of residence used as	97113
the patient's home:	97114

(a) Nursing care provided by or under the supervision of a	97115
registered professional nurse;	97116

(b) Physical, occupational, or speech therapy ordered by the	97117
patient's attending physician;	97118

(c) Medical social services performed by or under the	97119
supervision of a qualified medical or psychiatric social worker	97120
and under the direction of the patient's attending physician;	97121

(d) Personal health care of the patient performed by aides in	97122
accordance with the orders of a doctor of medicine or osteopathy	97123
and under the supervision of a registered professional nurse;	97124

(e) Medical supplies and the use of medical appliances;

97125

(f) Medical services of interns and residents-in-training	97126
under an approved teaching program of a nonprofit hospital and	97127
under the direction and supervision of the patient's attending	97128
physician;	97129

(g) Any of the foregoing items and services which:

97130

(i) Are provided on an outpatient basis under arrangements	97131
made by the home health agency at a hospital or skilled nursing	97132
facility;	97133

(ii) Involve the use of equipment of such a nature that the	97134
items and services cannot readily be made available to the patient	97135
in the patient's place of residence, or which are furnished at the	97136
hospital or skilled nursing facility while the patient is there to	97137
receive any item or service involving the use of such equipment.	97138

Any attorney, physician, osteopath, podiatrist, chiropractor,	97139
dentist, psychologist, any employee of a hospital as defined in	97140
section 3701.01 of the Revised Code, any nurse licensed under	97141
Chapter 4723. of the Revised Code, any employee of an ambulatory	97142
health facility, any employee of a home health agency, any	97143
employee of an adult care facility as defined in section ~~3722.01~~	97144
5119.70 of the Revised Code, any employee of a nursing home,	97145
residential care facility, or home for the aging, as defined in	97146
section 3721.01 of the Revised Code, any senior service provider,	97147
any peace officer, coroner, clergyman, any employee of a community	97148
mental health facility, and any person engaged in social work or	97149
counseling having reasonable cause to believe that an adult is	97150
being abused, neglected, or exploited, or is in a condition which	97151
is the result of abuse, neglect, or exploitation shall immediately	97152
report such belief to the county department of job and family	97153
services. This section does not apply to employees of any hospital	97154
or public hospital as defined in section 5122.01 of the Revised	97155
Code.	97156

(B) Any person having reasonable cause to believe that an	97157
adult has suffered abuse, neglect, or exploitation may report, or	97158
cause reports to be made of such belief to the department.	97159

(C) The reports made under this section shall be made orally	97160
or in writing except that oral reports shall be followed by a	97161
written report if a written report is requested by the department.	97162
Written reports shall include:	97163

(1) The name, address, and approximate age of the adult who	97164
is the subject of the report;	97165

(2) The name and address of the individual responsible for	97166
the adult's care, if any individual is, and if the individual is	97167
known;	97168

(3) The nature and extent of the alleged abuse, neglect, or	97169
exploitation of the adult;	97170

(4) The basis of the reporter's belief that the adult has	97171
been abused, neglected, or exploited.	97172

(D) Any person with reasonable cause to believe that an adult	97173
is suffering abuse, neglect, or exploitation who makes a report	97174
pursuant to this section or who testifies in any administrative or	97175
judicial proceeding arising from such a report, or any employee of	97176
the state or any of its subdivisions who is discharging	97177
responsibilities under section 5101.62 of the Revised Code shall	97178
be immune from civil or criminal liability on account of such	97179
investigation, report, or testimony, except liability for perjury,	97180
unless the person has acted in bad faith or with malicious	97181
purpose.	97182

(E) No employer or any other person with the authority to do	97183
so shall discharge, demote, transfer, prepare a negative work	97184
performance evaluation, or reduce benefits, pay, or work	97185
privileges, or take any other action detrimental to an employee or	97186
in any way retaliate against an employee as a result of the	97187
employee's having filed a report under this section.	97188

(F) Neither the written or oral report provided for in this	97189
section nor the investigatory report provided for in section	97190
5101.62 of the Revised Code shall be considered a public record as	97191
defined in section 149.43 of the Revised Code. Information	97192
contained in the report shall upon request be made available to	97193
the adult who is the subject of the report, to agencies authorized	97194
by the department to receive information contained in the report,	97195
and to legal counsel for the adult.	97196

Sec. 5101.98. (A) There is hereby created in the state	97197
treasury the military injury relief fund, which shall consist of	97198
money contributed to it under section 5747.113 of the Revised	97199
Code, of incentive grants authorized by the "Jobs for Veterans	97200
Act," 116 Stat. 2033 (2002), and of contributions made directly to	97201
it. Any person or entity may contribute directly to the fund in	97202
addition to or independently of the income tax refund contribution	97203
system established in section 5747.113 of the Revised Code.	97204

(B) Upon application, the director of job and family services	97205
shall grant money in the fund to individuals injured while in	97206
active service as a member of the armed forces of the United	97207
States while serving under operation Iraqi freedom, operation new	97208
dawn, or operation enduring freedom and to individuals diagnosed	97209
with post-traumatic stress disorder while serving, or after having	97210
served, in operation Iraqi freedom, operation new dawn, or	97211
operation enduring freedom.	97212

(C) An individual who receives a grant under this section is	97213
precluded from receiving additional grants under this section	97214
during the same state fiscal year but is not precluded from being	97215
considered for or receiving other assistance offered by the	97216
department of job and family services.	97217

(D) The director shall adopt rules under Chapter 119. of the	97218
Revised Code establishing:	97219

(1) Forms and procedures by which individuals may apply for a	97220
grant under this section;	97221

(2) Criteria for reviewing, evaluating, and approving or	97222
denying grant applications;	97223

(3) Criteria for determining the amount of grants awarded	97224
under this section;	97225

(4) Definitions and standards applicable to determining	97226
whether an individual meets the requirements established in	97227
division (B) of this section;	97228

(5) The process for appealing eligibility determinations; and

97229

(6) Any other rules necessary to administer the grant program	97230
established in this section.	97231

(E) An eligibility determination, a grant approval, or a	97232
grant denial made under this section may not be appealed under	97233
Chapter 119., section 5101.35, or any other provision of the	97234
Revised Code.	97235

Sec. 5104.01. As used in this chapter:

97236

(A) "Administrator" means the person responsible for the	97237
daily operation of a center or type A home. The administrator and	97238
the owner may be the same person.	97239

(B) "Approved child day camp" means a child day camp approved	97240
pursuant to section 5104.22 of the Revised Code.	97241

(C) "Authorized provider" means a person authorized by a	97242
county director of job and family services to operate a certified	97243
type B family day-care home.	97244

(D) "Border state child care provider" means a child care	97245
provider that is located in a state bordering Ohio and that is	97246
licensed, certified, or otherwise approved by that state to	97247
provide child care.	97248

(E) "Career pathways model" means an alternative pathway to	97249
meeting the requirements for a child care staff member or	97250
administrator that uses one framework to integrate the pathways of	97251
formal education, training, experience, and specialized	97252
credentials, and certifications, and that allows the member or	97253
administrator to achieve a designation as an early childhood	97254
professional level one, two, three, four, five, or six.	97255

(F) "Caretaker parent" means the father or mother of a child	97256
whose presence in the home is needed as the caretaker of the	97257
child, a person who has legal custody of a child and whose	97258
presence in the home is needed as the caretaker of the child, a	97259
guardian of a child whose presence in the home is needed as the	97260
caretaker of the child, and any other person who stands in loco	97261
parentis with respect to the child and whose presence in the home	97262
is needed as the caretaker of the child.	97263

~~(F)~~(G) "Certified type B family day-care home" and "certified	97264
type B home" mean a type B family day-care home that is certified	97265
by the director of the county department of job and family	97266
services pursuant to section 5104.11 of the Revised Code to	97267
receive public funds for providing child care pursuant to this	97268
chapter and any rules adopted under it.	97269

~~(G)~~(H) "Chartered nonpublic school" means a school that meets	97270
standards for nonpublic schools prescribed by the state board of	97271
education for nonpublic schools pursuant to section 3301.07 of the	97272
Revised Code.	97273

~~(H)~~(I) "Child" includes an infant, toddler, preschool child,	97274
or school child.	97275

~~(I)~~(J) "Child care block grant act" means the "Child Care and	97276
Development Block Grant Act of 1990," established in section 5082	97277
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	97278
1388-236 (1990), 42 U.S.C. 9858, as amended.	97279

~~(J)~~(K) "Child day camp" means a program in which only school	97280
children attend or participate, that operates for no more than	97281
seven hours per day, that operates only during one or more public	97282
school district's regular vacation periods or for no more than	97283
fifteen weeks during the summer, and that operates outdoor	97284
activities for each child who attends or participates in the	97285
program for a minimum of fifty per cent of each day that children	97286
attend or participate in the program, except for any day when	97287
hazardous weather conditions prevent the program from operating	97288
outdoor activities for a minimum of fifty per cent of that day.	97289
For purposes of this division, the maximum seven hours of	97290
operation time does not include transportation time from a child's	97291
home to a child day camp and from a child day camp to a child's	97292
home.	97293

~~(K)~~(L) "Child care" means administering to the needs of	97294
infants, toddlers, preschool children, and school children outside	97295
of school hours by persons other than their parents or guardians,	97296
custodians, or relatives by blood, marriage, or adoption for any	97297
part of the twenty-four-hour day in a place or residence other	97298
than a child's own home.	97299

~~(L)~~(M) "Child day-care center" and "center" mean any place in	97300
which child care or publicly funded child care is provided for	97301
thirteen or more children at one time or any place that is not the	97302
permanent residence of the licensee or administrator in which	97303
child care or publicly funded child care is provided for seven to	97304
twelve children at one time. In counting children for the purposes	97305
of this division, any children under six years of age who are	97306
related to a licensee, administrator, or employee and who are on	97307
the premises of the center shall be counted. "Child day-care	97308
center" and "center" do not include any of the following:	97309

(1) A place located in and operated by a hospital, as defined	97310
in section 3727.01 of the Revised Code, in which the needs of	97311
children are administered to, if all the children whose needs are	97312
being administered to are monitored under the on-site supervision	97313
of a physician licensed under Chapter 4731. of the Revised Code or	97314
a registered nurse licensed under Chapter 4723. of the Revised	97315
Code, and the services are provided only for children who, in the	97316
opinion of the child's parent, guardian, or custodian, are	97317
exhibiting symptoms of a communicable disease or other illness or	97318
are injured;	97319

(2) A child day camp;

97320

(3) A place that provides child care, but not publicly funded	97321
child care, if all of the following apply:	97322

(a) An organized religious body provides the child care;

97323

(b) A parent, custodian, or guardian of at least one child	97324
receiving child care is on the premises and readily accessible at	97325
all times;	97326

(c) The child care is not provided for more than thirty days	97327
a year;	97328

(d) The child care is provided only for preschool and school	97329
children.	97330

~~(M)~~(N) "Child care resource and referral service	97331
organization" means a community-based nonprofit organization that	97332
provides child care resource and referral services but not child	97333
care.	97334

~~(N)~~(O) "Child care resource and referral services" means all	97335
of the following services:	97336

(1) Maintenance of a uniform data base of all child care	97337
providers in the community that are in compliance with this	97338
chapter, including current occupancy and vacancy data;	97339

(2) Provision of individualized consumer education to	97340
families seeking child care;	97341

(3) Provision of timely referrals of available child care	97342
providers to families seeking child care;	97343

(4) Recruitment of child care providers;

97344

(5) Assistance in the development, conduct, and dissemination	97345
of training for child care providers and provision of technical	97346
assistance to current and potential child care providers,	97347
employers, and the community;	97348

(6) Collection and analysis of data on the supply of and	97349
demand for child care in the community;	97350

(7) Technical assistance concerning locally, state, and	97351
federally funded child care and early childhood education	97352
programs;	97353

(8) Stimulation of employer involvement in making child care	97354
more affordable, more available, safer, and of higher quality for	97355
their employees and for the community;	97356

(9) Provision of written educational materials to caretaker	97357
parents and informational resources to child care providers;	97358

(10) Coordination of services among child care resource and	97359
referral service organizations to assist in developing and	97360
maintaining a statewide system of child care resource and referral	97361
services if required by the department of job and family services;	97362

(11) Cooperation with the county department of job and family	97363
services in encouraging the establishment of parent cooperative	97364
child care centers and parent cooperative type A family day-care	97365
homes.	97366

~~(O)~~(P) "Child-care staff member" means an employee of a child	97367
day-care center or type A family day-care home who is primarily	97368
responsible for the care and supervision of children. The	97369
administrator may be a part-time child-care staff member when not	97370
involved in other duties.	97371

~~(P)~~(Q) "Drop-in child day-care center," "drop-in center,"	97372
"drop-in type A family day-care home," and "drop-in type A home"	97373
mean a center or type A home that provides child care or publicly	97374
funded child care for children on a temporary, irregular basis.	97375

~~(Q)~~(R) "Employee" means a person who either:

97376

(1) Receives compensation for duties performed in a child	97377
day-care center or type A family day-care home;	97378

(2) Is assigned specific working hours or duties in a child	97379
day-care center or type A family day-care home.	97380

~~(R)~~(S) "Employer" means a person, firm, institution,	97381
organization, or agency that operates a child day-care center or	97382
type A family day-care home subject to licensure under this	97383
chapter.	97384

~~(S)~~(T) "Federal poverty line" means the official poverty	97385
guideline as revised annually in accordance with section 673(2) of	97386
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	97387
U.S.C. 9902, as amended, for a family size equal to the size of	97388
the family of the person whose income is being determined.	97389

~~(T)~~(U) "Head start program" means a comprehensive child	97390
development program that receives funds distributed under the	97391
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	97392
amended, and is licensed as a child day-care center.	97393

~~(U)~~(V) "Income" means gross income, as defined in section	97394
5107.10 of the Revised Code, less any amounts required by federal	97395
statutes or regulations to be disregarded.	97396

~~(V)~~(W) "Indicator checklist" means an inspection tool, used	97397
in conjunction with an instrument-based program monitoring	97398
information system, that contains selected licensing requirements	97399
that are statistically reliable indicators or predictors of a	97400
child day-care center or type A family day-care home's compliance	97401
with licensing requirements.	97402

~~(W)~~(X) "Infant" means a child who is less than eighteen	97403
months of age.	97404

~~(X)~~(Y) "In-home aide" means a person who does not reside with	97405
the child but provides care in the child's home and is certified	97406
by a county director of job and family services pursuant to	97407
section 5104.12 of the Revised Code to provide publicly funded	97408
child care to a child in a child's own home pursuant to this	97409
chapter and any rules adopted under it.	97410

~~(Y)~~(Z) "Instrument-based program monitoring information	97411
system" means a method to assess compliance with licensing	97412
requirements for child day-care centers and type A family day-care	97413
homes in which each licensing requirement is assigned a weight	97414
indicative of the relative importance of the requirement to the	97415
health, growth, and safety of the children that is used to develop	97416
an indicator checklist.	97417

~~(Z)~~(AA) "License capacity" means the maximum number in each	97418
age category of children who may be cared for in a child day-care	97419
center or type A family day-care home at one time as determined by	97420
the director of job and family services considering building	97421
occupancy limits established by the department of commerce, ~~number~~	97422
~~of available child-care staff members,~~ amount of available indoor	97423
floor space and outdoor play space, and amount of available play	97424
equipment, materials, and supplies. For the purposes of a	97425
provisional license issued under this chapter, the director shall	97426
also consider the number of available child-care staff members	97427
when determining "license capacity" for the provisional license.	97428

~~(AA)~~(BB) "Licensed preschool program" or "licensed school	97429
child program" means a preschool program or school child program,	97430
as defined in section 3301.52 of the Revised Code, that is	97431
licensed by the department of education pursuant to sections	97432
3301.52 to 3301.59 of the Revised Code.	97433

~~(BB)~~(CC) "Licensee" means the owner of a child day-care	97434
center or type A family day-care home that is licensed pursuant to	97435
this chapter and who is responsible for ensuring its compliance	97436
with this chapter and rules adopted pursuant to this chapter.	97437

~~(CC)~~(DD) "Operate a child day camp" means to operate,	97438
establish, manage, conduct, or maintain a child day camp.	97439

~~(DD)~~(EE) "Owner" includes a person, as defined in section	97440
1.59 of the Revised Code, or government entity.	97441

~~(EE)~~(FF) "Parent cooperative child day-care center," "parent	97442
cooperative center," "parent cooperative type A family day-care	97443
home," and "parent cooperative type A home" mean a corporation or	97444
association organized for providing educational services to the	97445
children of members of the corporation or association, without	97446
gain to the corporation or association as an entity, in which the	97447
services of the corporation or association are provided only to	97448
children of the members of the corporation or association,	97449
ownership and control of the corporation or association rests	97450
solely with the members of the corporation or association, and at	97451
least one parent-member of the corporation or association is on	97452
the premises of the center or type A home during its hours of	97453
operation.	97454

~~(FF)~~(GG) "Part-time child day-care center," "part-time	97455
center," "part-time type A family day-care home," and "part-time	97456
type A home" mean a center or type A home that provides child care	97457
or publicly funded child care for no more than four hours a day	97458
for any child.	97459

~~(GG)~~(HH) "Place of worship" means a building where activities	97460
of an organized religious group are conducted and includes the	97461
grounds and any other buildings on the grounds used for such	97462
activities.	97463

~~(HH)~~(II) "Preschool child" means a child who is three years	97464
old or older but is not a school child.	97465

~~(II)~~(JJ) "Protective child care" means publicly funded child	97466
care for the direct care and protection of a child to whom either	97467
of the following applies:	97468

(1) A case plan prepared and maintained for the child	97469
pursuant to section 2151.412 of the Revised Code indicates a need	97470
for protective care and the child resides with a parent,	97471
stepparent, guardian, or another person who stands in loco	97472
parentis as defined in rules adopted under section 5104.38 of the	97473
Revised Code;	97474

(2) The child and the child's caretaker either temporarily	97475
reside in a facility providing emergency shelter for homeless	97476
families or are determined by the county department of job and	97477
family services to be homeless, and are otherwise ineligible for	97478
publicly funded child care.	97479

~~(JJ)~~(KK) "Publicly funded child care" means administering to	97480
the needs of infants, toddlers, preschool children, and school	97481
children under age thirteen during any part of the	97482
twenty-four-hour day by persons other than their caretaker parents	97483
for remuneration wholly or in part with federal or state funds,	97484
including funds available under the child care block grant act,	97485
Title IV-A, and Title XX, distributed by the department of job and	97486
family services.	97487

~~(KK)~~(LL) "Religious activities" means any of the following:	97488
worship or other religious services; religious instruction; Sunday	97489
school classes or other religious classes conducted during or	97490
prior to worship or other religious services; youth or adult	97491
fellowship activities; choir or other musical group practices or	97492
programs; meals; festivals; or meetings conducted by an organized	97493
religious group.	97494

~~(LL)~~(MM) "School child" means a child who is enrolled in or	97495
is eligible to be enrolled in a grade of kindergarten or above but	97496
is less than fifteen years old.	97497

~~(MM)~~(NN) "School child day-care center," "school child	97498
center," "school child type A family day-care home," and "school	97499
child type A family home" mean a center or type A home that	97500
provides child care for school children only and that does either	97501
or both of the following:	97502

(1) Operates only during that part of the day that	97503
immediately precedes or follows the public school day of the	97504
school district in which the center or type A home is located;	97505

(2) Operates only when the public schools in the school	97506
district in which the center or type A home is located are not	97507
open for instruction with pupils in attendance.	97508

~~(NN)~~(OO) "Serious risk noncompliance" means a licensure or	97509
certification rule violation that leads to a great risk of harm	97510
to, or death of, a child, and is observable, not inferable.	97511

(PP) "State median income" means the state median income	97512
calculated by the department of development pursuant to division	97513
(A)(1)(g) of section 5709.61 of the Revised Code.	97514

~~(OO)~~(QQ) "Title IV-A" means Title IV-A of the "Social	97515
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	97516

~~(PP)~~(RR) "Title XX" means Title XX of the "Social Security	97517
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	97518

~~(QQ)~~(SS) "Toddler" means a child who is at least eighteen	97519
months of age but less than three years of age.	97520

~~(RR)~~(TT) "Type A family day-care home" and "type A home" mean	97521
a permanent residence of the administrator in which child care or	97522
publicly funded child care is provided for seven to twelve	97523
children at one time or a permanent residence of the administrator	97524
in which child care is provided for four to twelve children at one	97525
time if four or more children at one time are under two years of	97526
age. In counting children for the purposes of this division, any	97527
children under six years of age who are related to a licensee,	97528
administrator, or employee and who are on the premises of the type	97529
A home shall be counted. "Type A family day-care home" and "type A	97530
home" do not include any child day camp.	97531

~~(SS)~~(UU) "Type B family day-care home" and "type B home" mean	97532
a permanent residence of the provider in which child care is	97533
provided for one to six children at one time and in which no more	97534
than three children are under two years of age at one time. In	97535
counting children for the purposes of this division, any children	97536
under six years of age who are related to the provider and who are	97537
on the premises of the type B home shall be counted. "Type B	97538
family day-care home" and "type B home" do not include any child	97539
day camp.	97540

Sec. 5104.011. (A) The director of job and family services	97541
shall adopt rules pursuant to Chapter 119. of the Revised Code	97542
governing the operation of child day-care centers, including, but	97543
not limited to, parent cooperative centers, part-time centers,	97544
drop-in centers, and school child centers, which rules shall	97545
reflect the various forms of child care and the needs of children	97546
receiving child care or publicly funded child care and shall	97547
include specific rules for school child care centers that are	97548
developed in consultation with the department of education. The	97549
rules shall not require an existing school facility that is in	97550
compliance with applicable building codes to undergo an additional	97551
building code inspection or to have structural modifications. The	97552
rules shall include the following:	97553

(1) Submission of a site plan and descriptive plan of	97554
operation to demonstrate how the center proposes to meet the	97555
requirements of this chapter and rules adopted pursuant to this	97556
chapter for the initial license application;	97557

(2) Standards for ensuring that the physical surroundings of	97558
the center are safe and sanitary including, but not limited to,	97559
the physical environment, the physical plant, and the equipment of	97560
the center;	97561

(3) Standards for the supervision, care, and discipline of	97562
children receiving child care or publicly funded child care in the	97563
center;	97564

(4) Standards for a program of activities, and for play	97565
equipment, materials, and supplies, to enhance the development of	97566
each child; however, any educational curricula, philosophies, and	97567
methodologies that are developmentally appropriate and that	97568
enhance the social, emotional, intellectual, and physical	97569
development of each child shall be permissible. As used in this	97570
division, "program" does not include instruction in religious or	97571
moral doctrines, beliefs, or values that is conducted at child	97572
day-care centers owned and operated by churches and does include	97573
methods of disciplining children at child day-care centers.	97574

(5) Admissions policies and procedures, health care policies	97575
and procedures, including, but not limited to, procedures for the	97576
isolation of children with communicable diseases, first aid and	97577
emergency procedures, procedures for discipline and supervision of	97578
children, standards for the provision of nutritious meals and	97579
snacks, and procedures for screening children and employees,	97580
~~including, but not limited to,~~that may include any necessary	97581
physical examinations and immunizations;	97582

(6) Methods for encouraging parental participation in the	97583
center and methods for ensuring that the rights of children,	97584
parents, and employees are protected and that responsibilities of	97585
parents and employees are met;	97586

(7) Procedures for ensuring the safety and adequate	97587
supervision of children traveling off the premises of the center	97588
while under the care of a center employee;	97589

(8) Procedures for record keeping, organization, and	97590
administration;	97591

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	97592
license that are not otherwise provided for in Chapter 119. of the	97593
Revised Code;	97594

(10) Inspection procedures;

97595

(11) Procedures and standards for setting initial ~~and renewal~~	97596
license application fees;	97597

(12) Procedures for receiving, recording, and responding to	97598
complaints about centers;	97599

(13) Procedures for enforcing section 5104.04 of the Revised	97600
Code;	97601

(14) A standard requiring the inclusion, on and after July 1,	97602
1987, of a current department of job and family services toll-free	97603
telephone number on each center provisional license or license	97604
which any person may use to report a suspected violation by the	97605
center of this chapter or rules adopted pursuant to this chapter;	97606

(15) Requirements for the training of administrators and	97607
child-care staff members in first aid, in prevention, recognition,	97608
and management of communicable diseases, and in child abuse	97609
recognition and prevention. Training requirements for child	97610
day-care centers adopted under this division shall be consistent	97611
with divisions (B)(6) and (C)(1) of this section.	97612

(16) ~~Procedures to be used by licensees for checking the~~	97613
~~references of potential employees of centers and procedures to be~~	97614
~~used by the director for checking the references of applicants for~~	97615
~~licenses to operate centers;~~	97616

~~(17)~~ Standards providing for the special needs of children	97617
who are handicapped or who require treatment for health conditions	97618
while the child is receiving child care or publicly funded child	97619
care in the center;	97620

~~(18)~~(17) A procedure for reporting of injuries of children	97621
that occur at the center;	97622

~~(19)~~(18) Any other procedures and standards necessary to	97623
carry out this chapter.	97624

(B)(1) The child day-care center shall have, for each child	97625
for whom the center is licensed, at least thirty-five square feet	97626
of usable indoor floor space wall-to-wall regularly available for	97627
the child care operation exclusive of any parts of the structure	97628
in which the care of children is prohibited by law or by rules	97629
adopted by the board of building standards. The minimum of	97630
thirty-five square feet of usable indoor floor space shall not	97631
include hallways, kitchens, storage areas, or any other areas that	97632
are not available for the care of children, as determined by the	97633
director, in meeting the space requirement of this division, and	97634
bathrooms shall be counted in determining square footage only if	97635
they are used exclusively by children enrolled in the center,	97636
except that the exclusion of hallways, kitchens, storage areas,	97637
bathrooms not used exclusively by children enrolled in the center,	97638
and any other areas not available for the care of children from	97639
the minimum of thirty-five square feet of usable indoor floor	97640
space shall not apply to:	97641

(a) Centers licensed prior to or on September 1, 1986, that	97642
continue under licensure after that date;	97643

(b) Centers licensed prior to or on September 1, 1986, that	97644
are issued a new license after that date solely due to a change of	97645
ownership of the center.	97646

(2) The child day-care center shall have on the site a safe	97647
outdoor play space which is enclosed by a fence or otherwise	97648
protected from traffic or other hazards. The play space shall	97649
contain not less than sixty square feet per child using such space	97650
at any one time, and shall provide an opportunity for supervised	97651
outdoor play each day in suitable weather. The director may exempt	97652
a center from the requirement of this division, if an outdoor play	97653
space is not available and if all of the following are met:	97654

(a) The center provides an indoor recreation area that has	97655
not less than sixty square feet per child using the space at any	97656
one time, that has a minimum of one thousand four hundred forty	97657
square feet of space, and that is separate from the indoor space	97658
required under division (B)(1) of this section.	97659

(b) The director has determined that there is regularly	97660
available and scheduled for use a conveniently accessible and safe	97661
park, playground, or similar outdoor play area for play or	97662
recreation.	97663

(c) The children are closely supervised during play and while	97664
traveling to and from the area.	97665

The director also shall exempt from the requirement of this	97666
division a child day-care center that was licensed prior to	97667
September 1, 1986, if the center received approval from the	97668
director prior to September 1, 1986, to use a park, playground, or	97669
similar area, not connected with the center, for play or	97670
recreation in lieu of the outdoor space requirements of this	97671
section and if the children are closely supervised both during	97672
play and while traveling to and from the area and except if the	97673
director determines upon investigation and inspection pursuant to	97674
section 5104.04 of the Revised Code and rules adopted pursuant to	97675
that section that the park, playground, or similar area, as well	97676
as access to and from the area, is unsafe for the children.	97677

(3) The child day-care center shall have at least two	97678
responsible adults available on the premises at all times when	97679
seven or more children are in the center. The center shall	97680
organize the children in the center in small groups, shall provide	97681
child-care staff to give continuity of care and supervision to the	97682
children on a day-by-day basis, and shall ensure that no child is	97683
left alone or unsupervised. Except as otherwise provided in	97684
division (E) of this section, the maximum number of children per	97685
child-care staff member and maximum group size, by age category of	97686
children, are as follows:	97687

	Maximum Number of		97688
	Children Per	Maximum	97689
Age Category	Child-Care	Group	97690
of Children	Staff Member	Size	97691
(a) Infants:			97692
(i) Less than twelve			97693
months old	5:1, or		97694
	12:2 if two		97695
	child-care		97696
	staff members		97697
	are in the room	12	97698
(ii) At least twelve			97699
months old, but			97700
less than eighteen			97701
months old	6:1	12	97702
(b) Toddlers:			97703
(i) At least eighteen			97704
months old, but			97705
less than thirty			97706
months old	7:1	14	97707
(ii) At least thirty months			97708
old, but less than			97709
three years old	8:1	16	97710
(c) Preschool			97711
children:			97712
(i) Three years old	12:1	24	97713
(ii) Four years old and			97714
five years old who			97715
are not school			97716
children	14:1	28	97717
(d) School children:			97718
(i) A child who is			97719
enrolled in or is			97720
eligible to be			97721
enrolled in a grade			97722
of kindergarten			97723
or above, but			97724
is less than			97725
eleven years old	18:1	36	97726
(ii) Eleven through fourteen			97727
years old	20:1	40	97728

Except as otherwise provided in division (E) of this section,	97729
the maximum number of children per child-care staff member and	97730
maximum group size requirements of the younger age group shall	97731
apply when age groups are combined.	97732

(4)(a) The child day-care center administrator shall show the	97733
director both of the following:	97734

(i) Evidence of at least high school graduation or	97735
certification of high school equivalency by the state board of	97736
education or the appropriate agency of another state;	97737

(ii) Evidence of having completed at least two years of	97738
training in an accredited college, university, or technical	97739
college, including courses in child development or early childhood	97740
education, or at least two years of experience in supervising and	97741
giving daily care to children attending an organized group	97742
program, or the equivalent based on a designation as an "early	97743
childhood professional level three" under the career pathways	97744
model of the quality-rating program established under section	97745
5104.30 of the Revised Code.	97746

(b) In addition to the requirements of division (B)(4)(a) of	97747
this section and except as provided in division (B)(4)(c) of this	97748
section, any administrator employed or designated ~~on or after~~	97749
~~September 1, 1986,~~as such prior to the effective date of this	97750
section, as amended, shall show evidence of~~, and any administrator~~	97751
~~employed or designated prior to September 1, 1986, shall show~~	97752
~~evidence~~at least one of the following within six years after ~~such~~	97753
the date of~~, at least one of the following~~employment or	97754
designation:	97755

(i) Two years of experience working as a child-care staff	97756
member in a center and at least four courses in child development	97757
or early childhood education from an accredited college,	97758
university, or technical college, except that a person who has two	97759
years of experience working as a child-care staff member in a	97760
particular center and who has been promoted to or designated as	97761
administrator of that center shall have one year from the time the	97762
person was promoted to or designated as administrator to complete	97763
the required four courses;	97764

(ii) Two years of training, including at least four courses	97765
in child development or early childhood education from an	97766
accredited college, university, or technical college;	97767

(iii) A child development associate credential issued by the	97768
national child development associate credentialing commission;	97769

(iv) An associate or higher degree in child development or	97770
early childhood education from an accredited college, technical	97771
college, or university, or a license designated for teaching in an	97772
associate teaching position in a preschool setting issued by the	97773
state board of education.	97774

(c) For the purposes of division (B)(4)(b) of this section,	97775
any administrator employed or designated as such prior to the	97776
effective date of this section, as amended, may also show evidence	97777
of an administrator's credential as approved by the department of	97778
job and family services in lieu of, or in addition to, the	97779
evidence required under division (B)(4)(b) of this section. The	97780
evidence of an administrator's credential must be shown to the	97781
director not later than one year after the date of employment or	97782
designation.	97783

(d) In addition to the requirements of division (B)(4)(a) of	97784
this section, any administrator employed or designated as such on	97785
or after the effective date of this section, as amended, shall	97786
show evidence of at least one of the following not later than one	97787
year after the date of employment or designation:	97788

(i) Two years of experience working as a child-care staff	97789
member in a center and at least four courses in child development	97790
or early childhood education from an accredited college,	97791
university, or technical college, except that a person who has two	97792
years of experience working as a child-care staff member in a	97793
particular center and who has been promoted to or designated as	97794
administrator of that center shall have one year from the time the	97795
person was promoted to or designated as administrator to complete	97796
the required four courses;	97797

(ii) Two years of training, including at least four courses	97798
in child development or early childhood education from an	97799
accredited college, university, or technical college;	97800

(iii) A child development associate credential issued by the	97801
national child development associate credentialing commission;	97802

(iv) An associate or higher degree in child development or	97803
early childhood education from an accredited college, technical	97804
college, or university, or a license designated for teaching in an	97805
associate teaching position in a preschool setting issued by the	97806
state board of education;	97807

(v) An administrator's credential as approved by the	97808
department of job and family services.	97809

(5) All child-care staff members of a child day-care center	97810
shall be at least eighteen years of age, and shall furnish the	97811
director evidence of at least high school graduation or	97812
certification of high school equivalency by the state board of	97813
education or the appropriate agency of another state or evidence	97814
of completion of a training program approved by the department of	97815
job and family services or state board of education, except as	97816
follows:	97817

(a) A child-care staff member may be less than eighteen years	97818
of age if the staff member is either of the following:	97819

(i) A graduate of a two-year vocational child-care training	97820
program approved by the state board of education;	97821

(ii) A student enrolled in the second year of a vocational	97822
child-care training program approved by the state board of	97823
education which leads to high school graduation, provided that the	97824
student performs the student's duties in the child day-care center	97825
under the continuous supervision of an experienced child-care	97826
staff member, receives periodic supervision from the vocational	97827
child-care training program teacher-coordinator in the student's	97828
high school, and meets all other requirements of this chapter and	97829
rules adopted pursuant to this chapter.	97830

(b) A child-care staff member shall be exempt from the	97831
educational requirements of this division if the staff member:	97832

(i) Prior to January 1, 1972, was employed or designated by a	97833
child day-care center and has been continuously employed since	97834
either by the same child day-care center employer or at the same	97835
child day-care center; or	97836

(ii) Is a student enrolled in the second year of a vocational	97837
child-care training program approved by the state board of	97838
education which leads to high school graduation, provided that the	97839
student performs the student's duties in the child day-care center	97840
under the continuous supervision of an experienced child-care	97841
staff member, receives periodic supervision from the vocational	97842
child-care training program teacher-coordinator in the student's	97843
high school, and meets all other requirements of this chapter and	97844
rules adopted pursuant to this chapter;	97845

(iii) Is receiving or has completed the final year of	97846
instruction at home as authorized under section 3321.04 of the	97847
Revised Code or has graduated from a nonchartered, nonpublic	97848
school in Ohio.	97849

(6) Every child care staff member of a child day-care center	97850
annually shall complete fifteen hours of inservice training in	97851
child development or early childhood education, child abuse	97852
recognition and prevention, first aid, and in prevention,	97853
recognition, and management of communicable diseases, until a	97854
total of forty-five hours of training has been completed, unless	97855
the staff member furnishes one of the following to the director:	97856

(a) Evidence of an associate or higher degree in child	97857
development or early childhood education from an accredited	97858
college, university, or technical college;	97859

(b) A license designated for teaching in an associate	97860
teaching position in a preschool setting issued by the state board	97861
of education;	97862

97863

(d) Evidence of a preprimary credential from the American	97864
Montessori society or the association Montessori internationale.	97865
For the purposes of division (B)(6) of this section, "hour" means	97866
sixty minutes.	97867

~~(7) The administrator of each child day-care center shall~~	97868
~~prepare at least once annually and for each group of children at~~	97869
~~the center a roster of names and telephone numbers of parents,~~	97870
~~custodians, or guardians of each group of children attending the~~	97871
~~center and upon request shall furnish the roster for each group to~~	97872
~~the parents, custodians, or guardians of the children in that~~	97873
~~group. The administrator may prepare a roster of names and~~	97874
~~telephone numbers of all parents, custodians, or guardians of~~	97875
~~children attending the center and upon request shall furnish the~~	97876
~~roster to the parents, custodians, or guardians of the children~~	97877
~~who attend the center. The administrator shall not include in any~~	97878
~~roster the name or telephone number of any parent, custodian, or~~	97879
~~guardian who requests the administrator not to include the~~	97880
~~parent's, custodian's, or guardian's name or number and shall not~~	97881
~~furnish any roster to any person other than a parent, custodian,~~	97882
~~or guardian of a child who attends the center.~~	97883

(C)(1) Each child day-care center shall have on the center	97884
premises and readily available at all times at least one	97885
child-care staff member who has completed a course in first aid	97886
~~and~~, one staff member who has completed a course in prevention,	97887
recognition, and management of communicable diseases which is	97888
approved by the state department of health, and a staff member who	97889
has completed a course in child abuse recognition and prevention	97890
training which is approved by the department of job and family	97891
services.	97892

(2) The administrator of each child day-care center shall	97893
maintain enrollment, health, and attendance records for all	97894
children attending the center and health and employment records	97895
for all center employees. The records shall be confidential,	97896
~~except as otherwise provided in division (B)(7) of this section~~	97897
~~and~~ except that they shall be disclosed by the administrator to	97898
the director upon request for the purpose of administering and	97899
enforcing this chapter and rules adopted pursuant to this chapter.	97900
Neither the center nor the licensee, administrator, or employees	97901
of the center shall be civilly or criminally liable in damages or	97902
otherwise for records disclosed to the director by the	97903
administrator pursuant to this division. It shall be a defense to	97904
any civil or criminal charge based upon records disclosed by the	97905
administrator to the director that the records were disclosed	97906
pursuant to this division.	97907

(3)(a) Any parent who is the residential parent and legal	97908
custodian of a child enrolled in a child day-care center and any	97909
custodian or guardian of such a child shall be permitted unlimited	97910
access to the center during its hours of operation for the	97911
purposes of contacting their children, evaluating the care	97912
provided by the center, evaluating the premises of the center, or	97913
for other purposes approved by the director. A parent of a child	97914
enrolled in a child day-care center who is not the child's	97915
residential parent shall be permitted unlimited access to the	97916
center during its hours of operation for those purposes under the	97917
same terms and conditions under which the residential parent of	97918
that child is permitted access to the center for those purposes.	97919
However, the access of the parent who is not the residential	97920
parent is subject to any agreement between the parents and, to the	97921
extent described in division (C)(3)(b) of this section, is subject	97922
to any terms and conditions limiting the right of access of the	97923
parent who is not the residential parent, as described in division	97924
(I) of section 3109.051 of the Revised Code, that are contained in	97925
a parenting time order or decree issued under that section,	97926
section 3109.12 of the Revised Code, or any other provision of the	97927
Revised Code.	97928

(b) If a parent who is the residential parent of a child has	97929
presented the administrator or the administrator's designee with a	97930
copy of a parenting time order that limits the terms and	97931
conditions under which the parent who is not the residential	97932
parent is to have access to the center, as described in division	97933
(I) of section 3109.051 of the Revised Code, the parent who is not	97934
the residential parent shall be provided access to the center only	97935
to the extent authorized in the order. If the residential parent	97936
has presented such an order, the parent who is not the residential	97937
parent shall be permitted access to the center only in accordance	97938
with the most recent order that has been presented to the	97939
administrator or the administrator's designee by the residential	97940
parent or the parent who is not the residential parent.	97941

(c) Upon entering the premises pursuant to division (C)(3)(a)	97942
or (b) of this section, the parent who is the residential parent	97943
and legal custodian, the parent who is not the residential parent,	97944
or the custodian or guardian shall notify the administrator or the	97945
administrator's designee of the parent's, custodian's, or	97946
guardian's presence.	97947

(D) The director of job and family services, in addition to	97948
the rules adopted under division (A) of this section, shall adopt	97949
rules establishing minimum requirements for child day-care	97950
centers. The rules shall include, but not be limited to, the	97951
requirements set forth in divisions (B) and (C) of this section.	97952
Except as provided in section 5104.07 of the Revised Code, the	97953
rules shall not change the square footage requirements of division	97954
(B)(1) or (2) of this section; the maximum number of children per	97955
child-care staff member and maximum group size requirements of	97956
division (B)(3) of this section; the educational and experience	97957
requirements of division (B)(4) of this section; the age,	97958
educational, and experience requirements of division (B)(5) of	97959
this section; the number and type of inservice training hours	97960
required under division (B)(6) of this section; ~~or the requirement~~	97961
~~for at least annual preparation of a roster for each group of~~	97962
~~children of names and telephone numbers of parents, custodians, or~~	97963
~~guardians of each group of children attending the center that must~~	97964
~~be furnished upon request to any parent, custodian, or guardian of~~	97965
~~any child in that group required under division (B)(7) of this~~	97966
~~section;~~ however, the rules shall provide procedures for	97967
determining compliance with those requirements.	97968

(E)(1) When age groups are combined, the maximum number of	97969
children per child-care staff member shall be determined by the	97970
age of the youngest child in the group, except that when no more	97971
than one child thirty months of age or older receives services in	97972
a group in which all the other children are in the next older age	97973
group, the maximum number of children per child-care staff member	97974
and maximum group size requirements of the older age group	97975
established under division (B)(3) of this section shall apply.	97976

(2) The maximum number of toddlers or preschool children per	97977
child-care staff member in a room where children are napping shall	97978
be twice the maximum number of children per child-care staff	97979
member established under division (B)(3) of this section if all	97980
the following criteria are met:	97981

(a) At least one child-care staff member is present in the	97982
room.	97983

(b) Sufficient child-care staff members are on the child	97984
day-care center premises to meet the maximum number of children	97985
per child-care staff member requirements established under	97986
division (B)(3) of this section.	97987

(c) Naptime preparations are complete and all napping	97988
children are resting or sleeping on cots.	97989

(d) The maximum number established under division (E)(2) of	97990
this section is in effect for no more than ~~one and one-half~~two	97991
hours during a twenty-four-hour day.	97992

(F) The director of job and family services shall adopt rules	97993
pursuant to Chapter 119. of the Revised Code governing the	97994
operation of type A family day-care homes, including, but not	97995
limited to, parent cooperative type A homes, part-time type A	97996
homes, drop-in type A homes, and school child type A homes, which	97997
shall reflect the various forms of child care and the needs of	97998
children receiving child care. The rules shall include the	97999
following:	98000

(1) Submission of a site plan and descriptive plan of	98001
operation to demonstrate how the type A home proposes to meet the	98002
requirements of this chapter and rules adopted pursuant to this	98003
chapter for the initial license application;	98004

(2) Standards for ensuring that the physical surroundings of	98005
the type A home are safe and sanitary, including, but not limited	98006
to, the physical environment, the physical plant, and the	98007
equipment of the type A home;	98008

(3) Standards for the supervision, care, and discipline of	98009
children receiving child care or publicly funded child care in the	98010
type A home;	98011

(4) Standards for a program of activities, and for play	98012
equipment, materials, and supplies, to enhance the development of	98013
each child; however, any educational curricula, philosophies, and	98014
methodologies that are developmentally appropriate and that	98015
enhance the social, emotional, intellectual, and physical	98016
development of each child shall be permissible;	98017

(5) Admissions policies and procedures, health care policies	98018
and procedures, including, but not limited to, procedures for the	98019
isolation of children with communicable diseases, first aid and	98020
emergency procedures, procedures for discipline and supervision of	98021
children, standards for the provision of nutritious meals and	98022
snacks, and procedures for screening children and employees,	98023
including, but not limited to, any necessary physical examinations	98024
and immunizations;	98025

(6) Methods for encouraging parental participation in the	98026
type A home and methods for ensuring that the rights of children,	98027
parents, and employees are protected and that the responsibilities	98028
of parents and employees are met;	98029

(7) Procedures for ensuring the safety and adequate	98030
supervision of children traveling off the premises of the type A	98031
home while under the care of a type A home employee;	98032

(8) Procedures for record keeping, organization, and	98033
administration;	98034

(9) Procedures for issuing, ~~renewing,~~ denying, and revoking a	98035
license that are not otherwise provided for in Chapter 119. of the	98036
Revised Code;	98037

(10) Inspection procedures;

98038

(11) Procedures and standards for setting initial ~~and renewal~~	98039
license application fees;	98040

(12) Procedures for receiving, recording, and responding to	98041
complaints about type A homes;	98042

(13) Procedures for enforcing section 5104.04 of the Revised	98043
Code;	98044

(14) A standard requiring the inclusion, on or after July 1,	98045
1987, of a current department of job and family services toll-free	98046
telephone number on each type A home provisional license or	98047
license which any person may use to report a suspected violation	98048
by the type A home of this chapter or rules adopted pursuant to	98049
this chapter;	98050

(15) Requirements for the training of administrators and	98051
child-care staff members in first aid, in prevention, recognition,	98052
and management of communicable diseases, and in child abuse	98053
recognition and prevention;	98054

(16) ~~Procedures to be used by licensees for checking the~~	98055
~~references of potential employees of type A homes and procedures~~	98056
~~to be used by the director for checking the references of~~	98057
~~applicants for licenses to operate type A homes;~~	98058

~~(17)~~ Standards providing for the special needs of children	98059
who are handicapped or who require treatment for health conditions	98060
while the child is receiving child care or publicly funded child	98061
care in the type A home;	98062

~~(18)~~(17) Standards for the maximum number of children per	98063
child-care staff member;	98064

~~(19)~~(18) Requirements for the amount of usable indoor floor	98065
space for each child;	98066

~~(20)~~(19) Requirements for safe outdoor play space;

98067

~~(21)~~(20) Qualifications and training requirements for	98068
administrators and for child-care staff members;	98069

~~(22)~~(21) Procedures for granting a parent who is the	98070
residential parent and legal custodian, or a custodian or guardian	98071
access to the type A home during its hours of operation;	98072

~~(23)~~(22) Standards for the preparation and distribution of a	98073
roster of parents, custodians, and guardians;	98074

~~(24)~~(23) Any other procedures and standards necessary to	98075
carry out this chapter.	98076

(G) The director of job and family services shall adopt rules	98077
pursuant to Chapter 119. of the Revised Code governing the	98078
certification of type B family day-care homes.	98079

(1) The rules shall include all of the following:

98080

(a) Procedures, standards, and other necessary provisions for	98081
granting limited certification to type B family day-care homes	98082
that are operated by the following adult providers:	98083

(i) Persons who provide child care for eligible children who	98084
are great-grandchildren, grandchildren, nieces, nephews, or	98085
siblings of the provider or for eligible children whose caretaker	98086
parent is a grandchild, child, niece, nephew, or sibling of the	98087
provider;	98088

(ii) Persons who provide child care for eligible children all	98089
of whom are the children of the same caretaker parent;	98090

(b) Procedures for the director to ensure, that type B homes	98091
that receive a limited certification provide child care to	98092
children in a safe and sanitary manner;	98093

(c) Requirements for the type B home to notify parents with	98094
children in the type B home that the type B home is also certified	98095
as a foster home under section 5103.03 of the Revised Code.	98096

With regard to providers who apply for limited certification,	98097
a provider shall be granted a provisional limited certification on	98098
signing a declaration under oath attesting that the provider meets	98099
the standards for limited certification. Such provisional limited	98100
certifications shall remain in effect for no more than sixty	98101
calendar days and shall entitle the provider to offer publicly	98102
funded child care during the provisional period. Except as	98103
otherwise provided in division (G)(1) of this section, section	98104
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of	98105
section 5104.11 of the Revised Code, prior to the expiration of	98106
the provisional limited certificate, a county department of job	98107
and family services shall inspect the home and shall grant limited	98108
certification to the provider if the provider meets the	98109
requirements of this division. Limited certificates remain valid	98110
for two years unless earlier revoked. Except as otherwise provided	98111
in division (G)(1) of this section, providers operating under	98112
limited certification shall be inspected annually.	98113

If a provider is a person described in division (G)(1)(a)(i)	98114
of this section or a person described in division (G)(1)(a)(ii) of	98115
this section who is a friend of the caretaker parent, the provider	98116
and the caretaker parent may verify in writing to the county	98117
department of job and family services that minimum health and	98118
safety requirements are being met in the home. Except as otherwise	98119
provided in section 5104.013 or 5104.09 or in division (A)(2) of	98120
section 5104.11 of the Revised Code, if such verification is	98121
provided, the county shall waive any inspection required by this	98122
chapter and grant limited certification to the provider.	98123

(2) The rules shall provide for safeguarding the health,	98124
safety, and welfare of children receiving child care or publicly	98125
funded child care in a certified type B home and shall include the	98126
following:	98127

(a) Standards for ensuring that the type B home and the	98128
physical surroundings of the type B home are safe and sanitary,	98129
including, but not limited to, physical environment, physical	98130
plant, and equipment;	98131

(b) Standards for the supervision, care, and discipline of	98132
children receiving child care or publicly funded child care in the	98133
home;	98134

(c) Standards for a program of activities, and for play	98135
equipment, materials, and supplies to enhance the development of	98136
each child; however, any educational curricula, philosophies, and	98137
methodologies that are developmentally appropriate and that	98138
enhance the social, emotional, intellectual, and physical	98139
development of each child shall be permissible;	98140

(d) Admission policies and procedures, health care, first aid	98141
and emergency procedures, procedures for the care of sick	98142
children, procedures for discipline and supervision of children,	98143
nutritional standards, and procedures for screening children and	98144
authorized providers, including, but not limited to, any necessary	98145
physical examinations and immunizations;	98146

(e) Methods of encouraging parental participation and	98147
ensuring that the rights of children, parents, and authorized	98148
providers are protected and the responsibilities of parents and	98149
authorized providers are met;	98150

(f) Standards for the safe transport of children when under	98151
the care of authorized providers;	98152

(g) Procedures for issuing, renewing, denying, refusing to	98153
renew, or revoking certificates;	98154

(h) Procedures for the inspection of type B homes that	98155
require, at a minimum, that each type B home be inspected prior to	98156
certification to ensure that the home is safe and sanitary;	98157

(i) Procedures for record keeping and evaluation;

98158

(j) Procedures for receiving, recording, and responding to	98159
complaints;	98160

(k) Standards providing for the special needs of children who	98161
are handicapped or who receive treatment for health conditions	98162
while the child is receiving child care or publicly funded child	98163
care in the type B home;	98164

(l) Requirements for the amount of usable indoor floor space	98165
for each child;	98166

(m) Requirements for safe outdoor play space;

98167

(n) Qualification and training requirements for authorized	98168
providers;	98169

(o) Procedures for granting a parent who is the residential	98170
parent and legal custodian, or a custodian or guardian access to	98171
the type B home during its hours of operation;	98172

(p) Requirements for the type B home to notify parents with	98173
children in the type B home that the type B home is also certified	98174
as a foster home under section 5103.03 of the Revised Code;	98175

(q) Any other procedures and standards necessary to carry out	98176
this chapter.	98177

(H) The director shall adopt rules pursuant to Chapter 119.	98178
of the Revised Code governing the certification of in-home aides.	98179
The rules shall include procedures, standards, and other necessary	98180
provisions for granting limited certification to in-home aides who	98181
provide child care for eligible children who are	98182
great-grandchildren, grandchildren, nieces, nephews, or siblings	98183
of the in-home aide or for eligible children whose caretaker	98184
parent is a grandchild, child, niece, nephew, or sibling of the	98185
in-home aide. The rules shall require, and shall include	98186
procedures for the director to ensure, that in-home aides that	98187
receive a limited certification provide child care to children in	98188
a safe and sanitary manner. The rules shall provide for	98189
safeguarding the health, safety, and welfare of children receiving	98190
publicly funded child care in their own home and shall include the	98191
following:	98192

(1) Standards for ensuring that the child's home and the	98193
physical surroundings of the child's home are safe and sanitary,	98194
including, but not limited to, physical environment, physical	98195
plant, and equipment;	98196

(2) Standards for the supervision, care, and discipline of	98197
children receiving publicly funded child care in their own home;	98198

(3) Standards for a program of activities, and for play	98199
equipment, materials, and supplies to enhance the development of	98200
each child; however, any educational curricula, philosophies, and	98201
methodologies that are developmentally appropriate and that	98202
enhance the social, emotional, intellectual, and physical	98203
development of each child shall be permissible;	98204

(4) Health care, first aid, and emergency procedures,	98205
procedures for the care of sick children, procedures for	98206
discipline and supervision of children, nutritional standards, and	98207
procedures for screening children and in-home aides, including,	98208
but not limited to, any necessary physical examinations and	98209
immunizations;	98210

(5) Methods of encouraging parental participation and	98211
ensuring that the rights of children, parents, and in-home aides	98212
are protected and the responsibilities of parents and in-home	98213
aides are met;	98214

(6) Standards for the safe transport of children when under	98215
the care of in-home aides;	98216

(7) Procedures for issuing, renewing, denying, refusing to	98217
renew, or revoking certificates;	98218

(8) Procedures for inspection of homes of children receiving	98219
publicly funded child care in their own homes;	98220

(9) Procedures for record keeping and evaluation;

98221

(10) Procedures for receiving, recording, and responding to	98222
complaints;	98223

(11) Qualifications and training requirements for in-home	98224
aides;	98225

(12) Standards providing for the special needs of children	98226
who are handicapped or who receive treatment for health conditions	98227
while the child is receiving publicly funded child care in the	98228
child's own home;	98229

(13) Any other procedures and standards necessary to carry	98230
out this chapter.	98231

(I) To the extent that any rules adopted for the purposes of	98232
this section require a health care professional to perform a	98233
physical examination, the rules shall include as a health care	98234
professional a physician assistant, a clinical nurse specialist, a	98235
certified nurse practitioner, or a certified nurse-midwife.	98236

(J)(1) The director of job and family services shall do all	98237
of the following:	98238

(a) Provide or make available in either paper or electronic	98239
form to each licensee notice of proposed rules governing the	98240
licensure of child day-care centers and type A homes;	98241

(b) Give public notice of hearings regarding the rules to	98242
each licensee at least thirty days prior to the date of the public	98243
hearing, in accordance with section 119.03 of the Revised Code;	98244

(c) At least thirty days before the effective date of a rule,	98245
provide, in either paper or electronic form, a copy of the adopted	98246
rule to each licensee.	98247

(2) The director shall do all of the following:

98248

(a) Send to each county director of job and family services a	98249
notice of proposed rules governing the certification of type B	98250
family homes and in-home aides that includes an internet web site	98251
address where the proposed rules can be viewed;	98252

(b) Give public notice of hearings regarding the proposed	98253
rules not less than thirty days in advance;	98254

(c) Provide to each county director of job and family	98255
services an electronic copy of each adopted rule at least	98256
forty-five days prior to the rule's effective date.	98257

(3) The county director of job and family services shall	98258
provide or make available in either paper or electronic form to	98259
each authorized provider and in-home aide copies of proposed rules	98260
and shall give public notice of hearings regarding the rules to	98261
each authorized provider and in-home aide at least thirty days	98262
prior to the date of the public hearing, in accordance with	98263
section 119.03 of the Revised Code. At least thirty days before	98264
the effective date of a rule, the county director of job and	98265
family services shall provide, in either paper or electronic form,	98266
copies of the adopted rule to each authorized provider and in-home	98267
aide.	98268

(4) Additional copies of proposed and adopted rules shall be	98269
made available by the director of job and family services to the	98270
public on request at no charge.	98271

(5) The director of job and family services ~~shall recommend~~	98272
~~standards~~may adopt rules pursuant to Chapter 119. of the Revised	98273
Code for imposing sanctions on persons and entities that are	98274
licensed or certified under this chapter ~~and that violate any~~	98275
~~provision of this chapter~~. Sanctions may be imposed only for an	98276
action or omission that constitutes a serious risk noncompliance.	98277
The ~~standards~~sanctions imposed shall be based on the scope and	98278
severity of the violations. ~~The director shall provide copies of~~	98279
~~the recommendations to the governor, the speaker and minority~~	98280
~~leader of the house of representatives, and the president and~~	98281
~~minority leader of the senate and, on request, shall make copies~~	98282
~~available to the public~~	98283

The director shall make a dispute resolution process	98284
available for the implementation of sanctions. The process may	98285
include an opportunity for appeal pursuant to Chapter 119. of the	98286
Revised Code.	98287

(6) The director of job and family services shall adopt rules	98288
pursuant to Chapter 119. of the Revised Code that establish	98289
standards for the training of individuals whom any county	98290
department of job and family services employs, with whom any	98291
county department of job and family services contracts, or with	98292
whom the director of job and family services contracts, to inspect	98293
or investigate type B family day-care homes pursuant to section	98294
5104.11 of the Revised Code. The department shall provide training	98295
in accordance with those standards for individuals in the	98296
categories described in this division.	98297

(K) The director of job and family services shall review all	98298
rules adopted pursuant to this chapter at least once every seven	98299
years.	98300

(L) Notwithstanding any provision of the Revised Code, the	98301
director of job and family services shall not regulate in any way	98302
under this chapter or rules adopted pursuant to this chapter,	98303
instruction in religious or moral doctrines, beliefs, or values.	98304

Sec. 5104.012. (A)(1) At the times specified in this	98305
division, the administrator of a child day-care center or a type A	98306
family day-care home shall request the superintendent of the	98307
bureau of criminal identification and investigation to conduct a	98308
criminal records check with respect to any applicant who has	98309
applied to the center or type A home for employment as a person	98310
responsible for the care, custody, or control of a child.	98311

The administrator shall request a criminal records check	98312
pursuant to this division at the time of the applicant's initial	98313
application for employment and every four years thereafter ~~at the~~	98314
~~time of a license renewal~~. When the administrator requests	98315
pursuant to this division a criminal records check for an	98316
applicant at the time of the applicant's initial application for	98317
employment, the administrator shall request that the	98318
superintendent obtain information from the federal bureau of	98319
investigation as a part of the criminal records check for the	98320
applicant, including fingerprint-based checks of national crime	98321
information databases as described in 42 U.S.C. 671, for the	98322
person subject to the criminal records check. In all other cases	98323
in which the administrator requests a criminal records check for	98324
an applicant pursuant to this division, the administrator may	98325
request that the superintendent include information from the	98326
federal bureau of investigation in the criminal records check,	98327
including fingerprint-based checks of national crime information	98328
databases as described in 42 U.S.C. 671.	98329

(2) A person required by division (A)(1) of this section to	98330
request a criminal records check shall provide to each applicant a	98331
copy of the form prescribed pursuant to division (C)(1) of section	98332
109.572 of the Revised Code, provide to each applicant a standard	98333
impression sheet to obtain fingerprint impressions prescribed	98334
pursuant to division (C)(2) of section 109.572 of the Revised	98335
Code, obtain the completed form and impression sheet from each	98336
applicant, and forward the completed form and impression sheet to	98337
the superintendent of the bureau of criminal identification and	98338
investigation at the time the person requests a criminal records	98339
check pursuant to division (A)(1) of this section. On and after	98340
~~the effective date of this amendment~~August 14, 2008, the	98341
administrator of a child day-care center or a type A family	98342
day-care home shall review the results of the criminal records	98343
check before the applicant has sole responsibility for the care,	98344
custody, or control of any child.	98345

(3) An applicant who receives pursuant to division (A)(2) of	98346
this section a copy of the form prescribed pursuant to division	98347
(C)(1) of section 109.572 of the Revised Code and a copy of an	98348
impression sheet prescribed pursuant to division (C)(2) of that	98349
section and who is requested to complete the form and provide a	98350
set of fingerprint impressions shall complete the form or provide	98351
all the information necessary to complete the form and shall	98352
provide the impression sheet with the impressions of the	98353
applicant's fingerprints. If an applicant, upon request, fails to	98354
provide the information necessary to complete the form or fails to	98355
provide impressions of the applicant's fingerprints, the center or	98356
type A home shall not employ that applicant for any position for	98357
which a criminal records check is required by division (A)(1) of	98358
this section.	98359

(B)(1) Except as provided in rules adopted under division (E)	98360
of this section, no child day-care center or type A family	98361
day-care home shall employ or contract with another entity for the	98362
services of a person as a person responsible for the care,	98363
custody, or control of a child if the person previously has been	98364
convicted of or pleaded guilty to any of the violations described	98365
in division (A)(9) of section 109.572 of the Revised Code.	98366

(2) A child day-care center or type A family day-care home	98367
may employ an applicant conditionally until the criminal records	98368
check required by this section is completed and the center or home	98369
receives the results of the criminal records check. If the results	98370
of the criminal records check indicate that, pursuant to division	98371
(B)(1) of this section, the applicant does not qualify for	98372
employment, the center or home shall release the applicant from	98373
employment.	98374

(C)(1) Each child day-care center and type A family day-care	98375
home shall pay to the bureau of criminal identification and	98376
investigation the fee prescribed pursuant to division (C)(3) of	98377
section 109.572 of the Revised Code for each criminal records	98378
check conducted in accordance with that section upon the request	98379
pursuant to division (A)(1) of this section of the administrator	98380
or provider of the center or home.	98381

(2) A child day-care center and type A family day-care home	98382
may charge an applicant a fee for the costs it incurs in obtaining	98383
a criminal records check under this section. A fee charged under	98384
this division shall not exceed the amount of fees the center or	98385
home pays under division (C)(1) of this section. If a fee is	98386
charged under this division, the center or home shall notify the	98387
applicant at the time of the applicant's initial application for	98388
employment of the amount of the fee and that, unless the fee is	98389
paid, the center or type A home will not consider the applicant	98390
for employment.	98391

(D) The report of any criminal records check conducted by the	98392
bureau of criminal identification and investigation in accordance	98393
with section 109.572 of the Revised Code and pursuant to a request	98394
under division (A)(1) of this section is not a public record for	98395
the purposes of section 149.43 of the Revised Code and shall not	98396
be made available to any person other than the applicant who is	98397
the subject of the criminal records check or the applicant's	98398
representative; the center or type A home requesting the criminal	98399
records check or its representative; the department of job and	98400
family services or a county department of job and family services;	98401
and any court, hearing officer, or other necessary individual	98402
involved in a case dealing with the denial of employment to the	98403
applicant.	98404

(E) The director of job and family services shall adopt rules	98405
pursuant to Chapter 119. of the Revised Code to implement this	98406
section, including rules specifying circumstances under which a	98407
center or home may hire a person who has been convicted of an	98408
offense listed in division (B)(1) of this section but who meets	98409
standards in regard to rehabilitation set by the department.	98410

(F) Any person required by division (A)(1) of this section to	98411
request a criminal records check shall inform each person, at the	98412
time of the person's initial application for employment, that the	98413
person is required to provide a set of impressions of the person's	98414
fingerprints and that a criminal records check is required to be	98415
conducted and satisfactorily completed in accordance with section	98416
109.572 of the Revised Code if the person comes under final	98417
consideration for appointment or employment as a precondition to	98418
employment for that position.	98419

(G) As used in this section:

98420

(1) "Applicant" means a person who is under final	98421
consideration for appointment to or employment in a position with	98422
a child day-care center or a type A family day-care home as a	98423
person responsible for the care, custody, or control of a child;	98424
an in-home aide certified pursuant to section 5104.12 of the	98425
Revised Code; or any person who would serve in any position with a	98426
child day-care center or a type A family day-care home as a person	98427
responsible for the care, custody, or control of a child pursuant	98428
to a contract with another entity.	98429

(2) "Criminal records check" has the same meaning as in	98430
section 109.572 of the Revised Code.	98431

Sec. 5104.013. (A)(1) At the times specified in division	98432
(A)(3) of this section, the director of job and family services,	98433
as part of the process of licensure of child day-care centers and	98434
type A family day-care homes, shall request the superintendent of	98435
the bureau of criminal identification and investigation to conduct	98436
a criminal records check with respect to the following persons:	98437

(a) Any owner, licensee, or administrator of a child day-care	98438
center;	98439

(b) Any owner, licensee, or administrator of a type A family	98440
day-care home and any person eighteen years of age or older who	98441
resides in a type A family day-care home.	98442

(2) At the times specified in division (A)(3) of this	98443
section, the director of a county department of job and family	98444
services, as part of the process of certification of type B family	98445
day-care homes, shall request the superintendent of the bureau of	98446
criminal identification and investigation to conduct a criminal	98447
records check with respect to any authorized provider of a	98448
certified type B family day-care home and any person eighteen	98449
years of age or older who resides in a certified type B family	98450
day-care home.	98451

(3) The director of job and family services shall request a	98452
criminal records check pursuant to division (A)(1) of this section	98453
at the time of the initial application for licensure and every	98454
four years thereafter ~~at the time of a license renewal~~. The	98455
director of a county department of job and family services shall	98456
request a criminal records check pursuant to division (A)(2) of	98457
this section at the time of the initial application for	98458
certification and every four years thereafter at the time of a	98459
certification renewal. When the director of job and family	98460
services or the director of a county department of job and family	98461
services requests pursuant to division (A)(1) or (2) of this	98462
section a criminal records check for a person at the time of the	98463
person's initial application for licensure or certification, the	98464
director shall request that the superintendent of the bureau of	98465
criminal identification and investigation obtain information from	98466
the federal bureau of investigation as a part of the criminal	98467
records check for the person, including fingerprint-based checks	98468
of national crime information databases as described in 42 U.S.C.	98469
671 for the person subject to the criminal records check. In all	98470
other cases in which the director of job and family services or	98471
the director of a county department of job and family services	98472
requests a criminal records check for an applicant pursuant to	98473
division (A)(1) or (2) of this section, the director may request	98474
that the superintendent include information from the federal	98475
bureau of investigation in the criminal records check, including	98476
fingerprint-based checks of national crime information databases	98477
as described in 42 U.S.C. 671.	98478

(4) The director of job and family services shall review the	98479
results of a criminal records check subsequent to a request made	98480
pursuant to divisions (A)(1) and (3) of this section prior to	98481
approval of a license. The director of a county department of job	98482
and family services shall review the results of a criminal records	98483
check subsequent to a request made pursuant to divisions (A)(2)	98484
and (3) of this section prior to approval of certification.	98485

(B) The director of job and family services or the director	98486
of a county department of job and family services shall provide to	98487
each person for whom a criminal records check is required under	98488
this section a copy of the form prescribed pursuant to division	98489
(C)(1) of section 109.572 of the Revised Code and a standard	98490
impression sheet to obtain fingerprint impressions prescribed	98491
pursuant to division (C)(2) of that section, obtain the completed	98492
form and impression sheet from that person, and forward the	98493
completed form and impression sheet to the superintendent of the	98494
bureau of criminal identification and investigation.	98495

(C) A person who receives pursuant to division (B) of this	98496
section a copy of the form and standard impression sheet described	98497
in that division and who is requested to complete the form and	98498
provide a set of fingerprint impressions shall complete the form	98499
or provide all the information necessary to complete the form and	98500
shall provide the impression sheet with the impressions of the	98501
person's fingerprints. If the person, upon request, fails to	98502
provide the information necessary to complete the form or fails to	98503
provide impressions of the person's fingerprints, the director may	98504
consider the failure as a reason to deny licensure or	98505
certification.	98506

(D) Except as provided in rules adopted under division (G) of	98507
this section, the director of job and family services shall not	98508
grant a license to a child day-care center or type A family	98509
day-care home and a county director of job and family services	98510
shall not certify a type B family day-care home if a person for	98511
whom a criminal records check was required in connection with the	98512
center or home previously has been convicted of or pleaded guilty	98513
to any of the violations described in division (A)(9) of section	98514
109.572 of the Revised Code.	98515

(E) Each child day-care center, type A family day-care home,	98516
and type B family day-care home shall pay to the bureau of	98517
criminal identification and investigation the fee prescribed	98518
pursuant to division (C)(3) of section 109.572 of the Revised Code	98519
for each criminal records check conducted in accordance with that	98520
section upon a request made pursuant to division (A) of this	98521
section.	98522

(F) The report of any criminal records check conducted by the	98523
bureau of criminal identification and investigation in accordance	98524
with section 109.572 of the Revised Code and pursuant to a request	98525
made under division (A) of this section is not a public record for	98526
the purposes of section 149.43 of the Revised Code and shall not	98527
be made available to any person other than the person who is the	98528
subject of the criminal records check or the person's	98529
representative, the director of job and family services, the	98530
director of a county department of job and family services, the	98531
center, type A home, or type B home involved, and any court,	98532
hearing officer, or other necessary individual involved in a case	98533
dealing with a denial of licensure or certification related to the	98534
criminal records check.	98535

(G) The director of job and family services shall adopt rules	98536
pursuant to Chapter 119. of the Revised Code to implement this	98537
section, including rules specifying exceptions to the prohibition	98538
in division (D) of this section for persons who have been	98539
convicted of an offense listed in that division but who meet	98540
standards in regard to rehabilitation set by the department.	98541

(H) As used in this section, "criminal records check" has the	98542
same meaning as in section 109.572 of the Revised Code.	98543

Sec. 5104.03. (A) Any person, firm, organization,	98544
institution, or agency desiring to establish a child day-care	98545
center or type A family day-care home shall apply for a license to	98546
the director of job and family services on such form as the	98547
director prescribes. The director shall provide at no charge to	98548
each applicant for licensure a copy of the child care license	98549
requirements in ~~Chapter 5104. of the Revised Code~~this chapter and	98550
a copy of the rules adopted pursuant to ~~Chapter 5104. of the~~	98551
~~Revised Code~~this chapter. The ~~director shall mail application~~	98552
~~forms for renewal of license at least one hundred twenty days~~	98553
~~prior to the date of expiration of the license, and the~~	98554
~~application for renewal shall be filed with the director at least~~	98555
~~sixty days before the date of expiration. Fees~~copies may be	98556
provided in paper or electronic form.	98557

Fees shall be set by the director pursuant to section	98558
5104.011 of the Revised Code and shall be paid at the time of	98559
application for ~~or renewal of~~ a license to operate a center or	98560
type A home. Fees collected under this section shall be paid into	98561
the state treasury to the credit of the general revenue fund.	98562

(B) Upon filing of the application for a license, the	98563
director shall investigate and inspect the center or type A home	98564
to determine the license capacity for each age category of	98565
children of the center or type A home and to determine whether the	98566
center or type A home complies with ~~Chapter 5104. of the Revised~~	98567
~~Code~~this chapter and rules adopted pursuant to ~~Chapter 5104. of~~	98568
~~the Revised Code~~this chapter. When, after investigation and	98569
inspection, the director is satisfied that ~~Chapter 5104. of the~~	98570
~~Revised Code~~this chapter and rules adopted pursuant to ~~Chapter~~	98571
~~5104. of the Revised Code~~it are complied with, subject to	98572
division (G) of this section, a provisional license shall be	98573
issued as soon as practicable in such form and manner as	98574
prescribed by the director. The provisional license shall be valid	98575
for ~~six~~twelve months from the date of issuance unless revoked.	98576

(C) The director shall investigate and inspect the center or	98577
type A home at least once during operation under the provisional	98578
license. If after the investigation and inspection the director	98579
determines that the requirements of ~~Chapter 5104. of the Revised~~	98580
~~Code~~this chapter and rules adopted pursuant to ~~Chapter 5104. of~~	98581
~~the Revised Code~~this chapter are met, subject to division (G) of	98582
this section, the director shall issue a license to ~~be effective~~	98583
~~for two years from the date of issuance of the provisional license~~	98584
the center or home.	98585

(D) ~~Upon the filing of an application for renewal of a~~	98586
~~license by the center or type A home, the director shall~~	98587
~~investigate and inspect the center or type A home. If the director~~	98588
~~determines that the requirements of Chapter 5104. and rules~~	98589
~~adopted pursuant to Chapter 5104. of the Revised Code are met,~~	98590
~~subject to division (G) of this section, the director shall renew~~	98591
~~the license to be effective for two years from the expiration date~~	98592
~~of the previous license.~~	98593

~~(E)~~ The license or provisional license shall state the name	98594
of the licensee, the name of the administrator, the address of the	98595
center or type A home, and the license capacity for each age	98596
category of children. ~~After July 1, 1987, the~~The license or	98597
provisional license ~~or license~~ shall include thereon, in	98598
accordance with section 5104.011 of the Revised Code, the	98599
toll-free telephone number to be used by persons suspecting that	98600
the center or type A home has violated a provision of ~~Chapter~~	98601
~~5104.,~~this chapter or rules adopted pursuant to ~~Chapter 5104. of~~	98602
~~the Revised Code~~this chapter. A license or provisional license is	98603
valid only for the licensee, administrator, address, and license	98604
capacity for each age category of children designated on the	98605
license. The license capacity specified on the license or	98606
provisional license is the maximum number of children in each age	98607
category that may be cared for in the center or type A home at one	98608
time.	98609

The center or type A home licensee shall notify the director	98610
when the administrator of the center or home changes. The director	98611
shall amend the current license or provisional license to reflect	98612
a change in an administrator, if the administrator meets the	98613
requirements of Chapter 5104. of the Revised Code and rules	98614
adopted pursuant to Chapter 5104. of the Revised Code, or a change	98615
in license capacity for any age category of children as determined	98616
by the director of job and family services.	98617

~~(F)~~(E) If the director revokes athe license ~~or refuses to~~	98618
~~renew a license to~~of a center or a type A home, the director	98619
shall not issue aanother license to the owner of the center or	98620
type A home ~~within two~~until five years have elapsed from the date	98621
of the ~~revocation of a~~ license ~~or refusal to renew a license~~is	98622
revoked, except that the director may issue another license before	98623
five years have elapsed if the owner's license was revoked solely	98624
because the owner changed locations. If	98625

If the director denies an application for a license, the	98626
director shall not accept another application from the applicant	98627
until five years have elapsed from the date the application is	98628
denied.	98629

(F) If during the application for licensure ~~or renewal of~~	98630
~~licensure~~ process the director determines that the license of the	98631
owner has been revoked ~~or renewal of licensure has been denied~~,	98632
the investigation of the center or type A home shall cease~~, and~~	98633
~~shall~~. This action does not constitute denial of the application	98634
and may not be appealed under division (G) of this section. ~~All~~	98635

(G) All actions of the director with respect to licensing	98636
centers or type A homes, ~~renewing a license,~~ refusal to license or	98637
~~renew a license~~, and revocation of a license shall be in	98638
accordance with Chapter 119. of the Revised Code. Any applicant	98639
who is denied a license or any owner whose license ~~is not renewed~~	98640
or is revoked may appeal in accordance with section 119.12 of the	98641
Revised Code.	98642

~~(G)~~(H) In no case shall the director issue a license or	98643
provisional license ~~or license, or renew a license,~~ under this	98644
section for a type A home or center if the director, based on	98645
documentation provided by the appropriate county department of job	98646
and family services, determines that the applicant previously had	98647
been certified as a type B family day-care home, that the county	98648
department revoked that certification, that the revocation was	98649
based on the applicant's refusal or inability to comply with the	98650
criteria for certification, and that the refusal or inability	98651
resulted in a risk to the health or safety of children.	98652

Sec. 5104.04. (A) The department of job and family services	98653
shall establish procedures to be followed in investigating,	98654
inspecting, and licensing child day-care centers and type A family	98655
day-care homes.	98656

(B)(1)(a) The department shall, at least once during every	98657
twelve-month period of operation of a center or type A home,	98658
inspect the center or type A home. The department shall inspect a	98659
part-time center or part-time type A home at least once during	98660
every twelve-month period of operation. The department shall	98661
provide a written inspection report to the licensee within a	98662
reasonable time after each inspection. The licensee shall display	98663
all written reports of inspections conducted during the current	98664
licensing period in a conspicuous place in the center or type A	98665
home.	98666

Inspections may be unannounced. No person, firm,	98667
organization, institution, or agency shall interfere with the	98668
inspection of a center or type A home by any state or local	98669
official engaged in performing duties required of the state or	98670
local official by ~~Chapter 5104. of the Revised Code~~this chapter	98671
or rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~	98672
this chapter, including inspecting the center or type A home,	98673
reviewing records, or interviewing licensees, employees, children,	98674
or parents.	98675

(b) Upon receipt of any complaint that a center or type A	98676
home is out of compliance with the requirements of ~~Chapter 5104.~~	98677
~~of the Revised Code~~this chapter or rules adopted pursuant to	98678
~~Chapter 5104. of the Revised Code~~this chapter, the department	98679
shall investigate the center or home, and both of the following	98680
apply:	98681

(i) If the complaint alleges that a child suffered physical	98682
harm while receiving child care at the center or home or that the	98683
noncompliance alleged in the complaint involved, resulted in, or	98684
poses a substantial risk of physical harm to a child receiving	98685
child care at the center or home, the department shall inspect the	98686
center or home.	98687

(ii) If division (B)(1)(b)(i) of this section does not apply	98688
regarding the complaint, the department may inspect the center or	98689
home.	98690

(c) Division (B)(1)(b) of this section does not limit,	98691
restrict, or negate any duty of the department to inspect a center	98692
or type A home that otherwise is imposed under this section, or	98693
any authority of the department to inspect a center or type A home	98694
that otherwise is granted under this section when the department	98695
believes the inspection is necessary and it is permitted under the	98696
grant.	98697

(2) If the department implements an instrument-based program	98698
monitoring information system, it may use an indicator checklist	98699
to comply with division (B)(1) of this section.	98700

(3) The department shall contract with a third party by the	98701
first day of October in each even-numbered year to collect	98702
information concerning the amounts charged by the center or home	98703
for providing child care services for use in establishing	98704
reimbursement ceilings and payment pursuant to section 5104.30 of	98705
the Revised Code. The third party shall compile the information	98706
and report the results of the survey to the department not later	98707
than the first day of December in each even-numbered year.	98708

(C) ~~In the event a licensed center or type A home is~~	98709
~~determined to be out of compliance with the requirements of~~	98710
~~Chapter 5104. of the Revised Code or rules adopted pursuant to~~	98711
~~Chapter 5104. of the Revised Code, the department shall notify the~~	98712
~~licensee of the center or type A home in writing regarding the~~	98713
~~nature of the violation, what must be done to correct the~~	98714
~~violation, and by what date the correction must be made. If the~~	98715
~~correction is not made by the date established by the department,~~	98716
~~the department may commence action under Chapter 119. of the~~	98717
~~Revised Code to revoke the license. The department's commencement~~	98718
~~of an action to revoke the license is sufficient notice that the~~	98719
~~correction has not been made, and no other notice regarding the~~	98720
~~correction is required.~~	98721

~~(D)~~ The department may deny an application or revoke a	98722
license~~, or refuse to renew a license~~ of a center or type A home,	98723
if the applicant knowingly makes a false statement on the	98724
application, the center or home does not comply with the	98725
requirements of ~~Chapter 5104.~~this chapter or rules adopted	98726
pursuant to ~~Chapter 5104. of the Revised Code~~this chapter, or the	98727
applicant or owner has pleaded guilty to or been convicted of an	98728
offense described in section 5104.09 of the Revised Code.	98729

~~(E)~~(D) If the department finds, after notice and hearing	98730
pursuant to Chapter 119. of the Revised Code, that any applicant,	98731
person, firm, organization, institution, or agency applying for	98732
licensure or licensed under section 5104.03 of the Revised Code is	98733
in violation of any provision of ~~Chapter 5104. of the Revised Code~~	98734
this chapter or rules adopted pursuant to ~~Chapter 5104. of the~~	98735
~~Revised Code~~this chapter, the department may issue an order of	98736
denial to the applicant or an order of revocation to the center or	98737
type A home revoking the license previously issued by the	98738
department. Upon the issuance of ~~any~~such an order ~~of revocation~~,	98739
the person whose application is denied or whose license is revoked	98740
may appeal in accordance with section 119.12 of the Revised Code.	98741

~~(F)~~(E) The surrender of a center or type A home license to	98742
the department or the withdrawal of an application for licensure	98743
by the owner or administrator of the center or type A home shall	98744
not prohibit the department from instituting any of the actions	98745
set forth in this section.	98746

~~(G)~~(F) Whenever the department receives a complaint, is	98747
advised, or otherwise has any reason to believe that a center or	98748
type A home is providing child care without a license issued or	98749
~~renewed~~ pursuant to section 5104.03 and is not exempt from	98750
licensing pursuant to section 5104.02 of the Revised Code, the	98751
department shall investigate the center or type A home and may	98752
inspect the areas children have access to or areas necessary for	98753
the care of children in the center or type A home during suspected	98754
hours of operation to determine whether the center or type A home	98755
is subject to the requirements of ~~Chapter 5104.~~this chapter or	98756
rules adopted pursuant to ~~Chapter 5104. of the Revised Code~~this	98757
chapter.	98758

~~(H)~~(G) The department, upon determining that the center or	98759
type A home is operating without a license, shall notify the	98760
attorney general, the prosecuting attorney of the county in which	98761
the center or type A home is located, or the city attorney,	98762
village solicitor, or other chief legal officer of the municipal	98763
corporation in which the center or type A home is located, that	98764
the center or type A home is operating without a license. Upon	98765
receipt of the notification, the attorney general, prosecuting	98766
attorney, city attorney, village solicitor, or other chief legal	98767
officer of a municipal corporation shall file a complaint in the	98768
court of common pleas of the county in which the center or type A	98769
home is located requesting that the court grant an order enjoining	98770
the owner from operating the center or type A home in violation of	98771
section 5104.02 of the Revised Code. The court shall grant such	98772
injunctive relief upon a showing that the respondent named in the	98773
complaint is operating a center or type A home and is doing so	98774
without a license.	98775

~~(I)~~(H) The department shall prepare an annual report on	98776
inspections conducted under this section. The report shall include	98777
the number of inspections conducted, the number and types of	98778
violations found, and the steps taken to address the violations.	98779
The department shall file the report with the governor, the	98780
president and minority leader of the senate, and the speaker and	98781
minority leader of the house of representatives on or before the	98782
first day of January of each year, beginning in 1999.	98783

Sec. 5104.05. (A) The director of job and family services	98784
shall issue a license or provisional license ~~or license or renew a~~	98785
~~license~~ for the operation of a child day-care center, if the	98786
director finds, after investigation of the applicant and	98787
inspection of the center, that other requirements of ~~Chapter 5104.~~	98788
~~of the Revised Code~~this chapter, rules promulgated pursuant to	98789
~~Chapter 5104. of the Revised Code~~this chapter, and the following	98790
requirements are met:	98791

(1) The buildings in which the center is housed, subsequent	98792
to any major modification, have been approved by the department of	98793
commerce or a certified municipal, township, or county building	98794
department for the purpose of operating a child day-care center.	98795
Any structure used for the operation of a center shall be	98796
constructed, equipped, repaired, altered, and maintained in	98797
accordance with applicable provisions of Chapters 3781. and 3791.	98798
of the Revised Code and with regulations adopted by the board of	98799
building standards under Chapter 3781. of the Revised Code and	98800
this division for the safety and sanitation of structures erected	98801
for this purpose.	98802

(2) The state fire marshal or the fire chief or fire	98803
prevention officer of the municipal corporation or township in	98804
which the center is located has inspected the center annually	98805
within the preceding license period and has found the center to be	98806
in compliance with rules promulgated by the fire marshal pursuant	98807
to section 3737.83 of the Revised Code regarding fire prevention	98808
and fire safety in a child day-care center.	98809

(3) The center has received a food service operation license	98810
under Chapter 3717. of the Revised Code if meals are to be served	98811
to children other than children of the licensee or administrator,	98812
whether or not a consideration is received for the meals.	98813

(B) The director of job and family services shall issue a	98814
license or provisional license ~~or license or renew a license~~ for	98815
the operation of a type A family day-care home, if the director	98816
finds, after investigation of the applicant and inspection of the	98817
type A home, that other requirements of ~~Chapter 5104. of the~~	98818
~~Revised Code~~this chapter, rules promulgated pursuant to ~~Chapter~~	98819
~~5104. of the Revised Code~~this chapter, and the following	98820
requirements are met:	98821

(1) The state fire marshal or the fire chief or fire	98822
prevention officer of the municipal corporation or township in	98823
which the type A family day-care home is located has inspected the	98824
type A home annually within the preceding license period and has	98825
found the type A home to be in compliance with rules promulgated	98826
by the fire marshal pursuant to section 3737.83 of the Revised	98827
Code regarding fire prevention and fire safety in a type A home.	98828

(2) The type A home is in compliance with rules set by the	98829
director of job and family services in cooperation with the	98830
director of health pursuant to section 3701.80 of the Revised Code	98831
regarding meal preparation and meal service in the home. The	98832
director of job and family services, in accordance with procedures	98833
recommended by the director of health, shall inspect each type A	98834
home to determine compliance with those rules.	98835

(3) The type A home is in compliance with rules promulgated	98836
by the director of job and family services in cooperation with the	98837
board of building standards regarding safety and sanitation	98838
pursuant to section 3781.10 of the Revised Code.	98839

Sec. 5104.13. ~~No later than July 1, 1998, and at reasonable~~	98840
~~intervals thereafter, the~~The department of job and family	98841
services shall ~~publish~~prepare a guide describing the state	98842
statutes and rules governing the certification of type B family	98843
day-care homes. The department ~~shall distribute~~may publish the	98844
guide ~~to county departments of job and family services in~~	98845
~~sufficient number that a copy is available to each~~electronically	98846
or otherwise and shall do so in a manner that the guide is	98847
accessible to the public, including type B home ~~provider~~	98848
providers.	98849

Sec. 5104.30. (A) The department of job and family services	98850
is hereby designated as the state agency responsible for	98851
administration and coordination of federal and state funding for	98852
publicly funded child care in this state. Publicly funded child	98853
care shall be provided to the following:	98854

(1) Recipients of transitional child care as provided under	98855
section 5104.34 of the Revised Code;	98856

(2) Participants in the Ohio works first program established	98857
under Chapter 5107. of the Revised Code;	98858

(3) Individuals who would be participating in the Ohio works	98859
first program if not for a sanction under section 5107.16 of the	98860
Revised Code and who continue to participate in a work activity,	98861
developmental activity, or alternative work activity pursuant to	98862
an assignment under section 5107.42 of the Revised Code;	98863

(4) A family receiving publicly funded child care on October	98864
1, 1997, until the family's income reaches one hundred fifty per	98865
cent of the federal poverty line;	98866

(5) Subject to available funds, other individuals determined	98867
eligible in accordance with rules adopted under section 5104.38 of	98868
the Revised Code.	98869

The department shall apply to the United States department of	98870
health and human services for authority to operate a coordinated	98871
program for publicly funded child care, if the director of job and	98872
family services determines that the application is necessary. For	98873
purposes of this section, the department of job and family	98874
services may enter into agreements with other state agencies that	98875
are involved in regulation or funding of child care. The	98876
department shall consider the special needs of migrant workers	98877
when it administers and coordinates publicly funded child care and	98878
shall develop appropriate procedures for accommodating the needs	98879
of migrant workers for publicly funded child care.	98880

(B) The department of job and family services shall	98881
distribute state and federal funds for publicly funded child care,	98882
including appropriations of state funds for publicly funded child	98883
care and appropriations of federal funds available under the child	98884
care block grant act, Title IV-A, and Title XX. The department may	98885
use any state funds appropriated for publicly funded child care as	98886
the state share required to match any federal funds appropriated	98887
for publicly funded child care.	98888

(C) In the use of federal funds available under the child	98889
care block grant act, all of the following apply:	98890

(1) The department may use the federal funds to hire staff to	98891
prepare any rules required under this chapter and to administer	98892
and coordinate federal and state funding for publicly funded child	98893
care.	98894

(2) Not more than five per cent of the aggregate amount of	98895
the federal funds received for a fiscal year may be expended for	98896
administrative costs.	98897

(3) The department shall allocate and use at least four per	98898
cent of the federal funds for the following:	98899

(a) Activities designed to provide comprehensive consumer	98900
education to parents and the public;	98901

(b) Activities that increase parental choice;

98902

(c) Activities, including child care resource and referral	98903
services, designed to improve the quality, and increase the	98904
supply, of child care;	98905

(d) Establishing a voluntary child day-care center	98906
quality-rating program in which participation in the program may	98907
allow a child day-care center to be eligible for grants, technical	98908
assistance, training, or other assistance and become eligible for	98909
unrestricted monetary awards for maintaining a quality rating.	98910

(4) The department shall ensure that the federal funds will	98911
be used only to supplement, and will not be used to supplant,	98912
federal, state, and local funds available on the effective date of	98913
the child care block grant act for publicly funded child care and	98914
related programs. If authorized by rules adopted by the department	98915
pursuant to section 5104.42 of the Revised Code, county	98916
departments of job and family services may purchase child care	98917
from funds obtained through any other means.	98918

(D) The department shall encourage the development of	98919
suitable child care throughout the state, especially in areas with	98920
high concentrations of recipients of public assistance and	98921
families with low incomes. The department shall encourage the	98922
development of suitable child care designed to accommodate the	98923
special needs of migrant workers. On request, the department,	98924
through its employees or contracts with state or community child	98925
care resource and referral service organizations, shall provide	98926
consultation to groups and individuals interested in developing	98927
child care. The department of job and family services may enter	98928
into interagency agreements with the department of education, the	98929
board of regents, the department of development, and other state	98930
agencies and entities whenever the cooperative efforts of the	98931
other state agencies and entities are necessary for the department	98932
of job and family services to fulfill its duties and	98933
responsibilities under this chapter.	98934

The department shall develop and maintain a registry of	98935
persons providing child care. The director shall adopt rules	98936
pursuant to Chapter 119. of the Revised Code establishing	98937
procedures and requirements for the registry's administration.	98938

(E)(1) The director shall adopt rules in accordance with	98939
Chapter 119. of the Revised Code establishing both of the	98940
following:	98941

(a) Reimbursement ceilings for providers of publicly funded	98942
child care not later than the first day of July in each	98943
odd-numbered year;	98944

(b) A procedure for reimbursing and paying providers of	98945
publicly funded child care.	98946

(2) In establishing reimbursement ceilings under division	98947
(E)(1)(a) of this section, the director shall do all of the	98948
following:	98949

(a) Use the information obtained under division (B)(3) of	98950
section 5104.04 of the Revised Code;	98951

(b) Establish an enhanced reimbursement ceiling for providers	98952
who provide child care for caretaker parents who work	98953
nontraditional hours;	98954

(c) For a type B family day-care home provider that has	98955
received limited certification pursuant to rules adopted under	98956
division (G)(1) of section 5104.011 of the Revised Code, establish	98957
a reimbursement ceiling that is the following:	98958

(i) If the provider is a person described in division	98959
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five	98960
per cent of the reimbursement ceiling that applies to a type B	98961
family day-care home certified by the same county department of	98962
job and family services pursuant to section 5104.11 of the Revised	98963
Code;	98964

(ii) If the provider is a person described in division	98965
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per	98966
cent of the reimbursement ceiling that applies to a type B family	98967
day-care home certified by the same county department pursuant to	98968
section 5104.11 of the Revised Code.	98969

(d) With regard to the voluntary child day-care center	98970
quality-rating program established pursuant to division (C)(3)(d)	98971
of this section, do both of the following:	98972

(i) Establish enhanced reimbursement ceilings for child	98973
day-care centers that participate in the program and maintain	98974
quality ratings under the program;	98975

(ii) Weigh any reduction in reimbursement ceilings more	98976
heavily against child day-care centers that do not participate in	98977
the program or do not maintain quality ratings under the program.	98978

(3) In establishing reimbursement ceilings under division	98979
(E)(1)(a) of this section, the director may establish different	98980
reimbursement ceilings based on any of the following:	98981

(a) Geographic location of the provider;

98982

(b) Type of care provided;

98983

98984

(d) Special needs of the child served;

98985

(e) Whether the expanded hours of service are provided;

98986

(f) Whether weekend service is provided;

98987

(g) Whether the provider has exceeded the minimum	98988
requirements of state statutes and rules governing child care;	98989

(h) Any other factors the director considers appropriate.

98990

(F) The director shall adopt rules in accordance with Chapter	98991
119. of the Revised Code to implement the voluntary child day-care	98992
center quality-rating program described in division (C)(3)(d) of	98993
this section.	98994

Sec. 5104.32. (A) Except as provided in division (C) of this	98995
section, all purchases of publicly funded child care shall be made	98996
under a contract entered into by a licensed child day-care center,	98997
licensed type A family day-care home, certified type B family	98998
day-care home, certified in-home aide, approved child day camp,	98999
licensed preschool program, licensed school child program, or	99000
border state child care provider and the ~~county~~ department of job	99001
and family services. ~~A county department of job and family~~	99002
~~services may enter into a contract with a provider for publicly~~	99003
~~funded child care for a specified period of time or upon a~~	99004
~~continuous basis for an unspecified period of time.~~ All contracts	99005
for publicly funded child care shall be contingent upon the	99006
availability of state and federal funds. The department ~~of job and~~	99007
~~family services~~ shall prescribe a standard form to be used for all	99008
contracts for the purchase of publicly funded child care,	99009
regardless of the source of public funds used to purchase the	99010
child care. To the extent permitted by federal law and	99011
notwithstanding any other provision of the Revised Code that	99012
regulates state ~~or county~~ contracts or contracts involving the	99013
expenditure of state~~, county,~~ or federal funds, all contracts for	99014
publicly funded child care shall be entered into in accordance	99015
with the provisions of this chapter and are exempt from any other	99016
provision of the Revised Code that regulates state ~~or county~~	99017
contracts or contracts involving the expenditure of state~~, county,~~	99018
or federal funds.	99019

(B) Each contract for publicly funded child care shall	99020
specify at least the following:	99021

(1) That the provider of publicly funded child care agrees to	99022
be paid for rendering services at the ~~lowest~~lower of the rate	99023
customarily charged by the provider for children enrolled for	99024
child care,or the reimbursement ceiling or rate of payment	99025
established pursuant to section 5104.30 of the Revised Code~~, or a~~	99026
~~rate the county department negotiates with the provider~~;	99027

(2) That, if a provider provides child care to an individual	99028
potentially eligible for publicly funded child care who is	99029
subsequently determined to be eligible, the ~~county~~ department	99030
agrees to pay for all child care provided between the date the	99031
county department of job and family services receives the	99032
individual's completed application and the date the individual's	99033
eligibility is determined;	99034

(3) Whether the county department of job and family services,	99035
the provider, or a child care resource and referral service	99036
organization will make eligibility determinations, whether the	99037
provider or a child care resource and referral service	99038
organization will be required to collect information to be used by	99039
the county department to make eligibility determinations, and the	99040
time period within which the provider or child care resource and	99041
referral service organization is required to complete required	99042
eligibility determinations or to transmit to the county department	99043
any information collected for the purpose of making eligibility	99044
determinations;	99045

(4) That the provider, other than a border state child care	99046
provider, shall continue to be licensed, approved, or certified	99047
pursuant to this chapter and shall comply with all standards and	99048
other requirements in this chapter and in rules adopted pursuant	99049
to this chapter for maintaining the provider's license, approval,	99050
or certification;	99051

(5) That, in the case of a border state child care provider,	99052
the provider shall continue to be licensed, certified, or	99053
otherwise approved by the state in which the provider is located	99054
and shall comply with all standards and other requirements	99055
established by that state for maintaining the provider's license,	99056
certificate, or other approval;	99057

(6) Whether the provider will be paid by the ~~county~~	99058
~~department of job and family services, the~~ state department of job	99059
and family services, or in some other manner as prescribed by	99060
rules adopted under section 5104.42 of the Revised Code;	99061

(7) That the contract is subject to the availability of state	99062
and federal funds.	99063

(C) Unless specifically prohibited by federal law or by rules	99064
adopted under section 5104.42 of the Revised Code, the county	99065
department of job and family services shall give individuals	99066
eligible for publicly funded child care the option of obtaining	99067
certificates ~~for payment~~ that the individual may use to purchase	99068
services from any provider qualified to provide publicly funded	99069
child care under section 5104.31 of the Revised Code. Providers of	99070
publicly funded child care may present these certificates for	99071
payment ~~for reimbursement~~ in accordance with rules that the	99072
director of job and family services shall adopt. Only providers	99073
may receive ~~reimbursement~~payment for certificates ~~for payment~~.	99074
The value of the certificate ~~for payment~~ shall be based on the	99075
~~lowest~~lower of the rate customarily charged by the provider~~, the~~	99076
~~reimbursement ceiling~~ or the rate of payment established pursuant	99077
to section 5104.30 of the Revised Code~~, or a rate the county~~	99078
~~department negotiates with the provider~~. The county department may	99079
provide the certificates ~~for payment~~ to the individuals or may	99080
contract with child care providers or child care resource and	99081
referral service organizations that make determinations of	99082
eligibility for publicly funded child care pursuant to contracts	99083
entered into under section 5104.34 of the Revised Code for the	99084
providers or resource and referral service organizations to	99085
provide the certificates ~~for payment~~ to individuals whom they	99086
determine are eligible for publicly funded child care.	99087

For each six-month period a provider of publicly funded child	99088
care provides publicly funded child ~~day-care~~care to the child of	99089
an individual given certificates ~~for payment~~, the individual shall	99090
provide the provider certificates for days the provider would have	99091
provided publicly funded child care to the child had the child	99092
been present. The maximum number of days providers shall be	99093
provided certificates shall not exceed ten days in a six-month	99094
period during which publicly funded child care is provided to the	99095
child regardless of the number of providers that provide publicly	99096
funded child care to the child during that period.	99097

Sec. 5104.34. (A)(1) Each county department of job and	99098
family services shall implement procedures for making	99099
determinations of eligibility for publicly funded child care.	99100
Under those procedures, the eligibility determination for each	99101
applicant shall be made no later than thirty calendar days from	99102
the date the county department receives a completed application	99103
for publicly funded child care. Each applicant shall be notified	99104
promptly of the results of the eligibility determination. An	99105
applicant aggrieved by a decision or delay in making an	99106
eligibility determination may appeal the decision or delay to the	99107
department of job and family services in accordance with section	99108
5101.35 of the Revised Code. The due process rights of applicants	99109
shall be protected.	99110

To the extent permitted by federal law, the county department	99111
may make all determinations of eligibility for publicly funded	99112
child care, may contract with child care providers or child care	99113
resource and referral service organizations for the providers or	99114
resource and referral service organizations to make all or any	99115
part of the determinations, and may contract with child care	99116
providers or child care resource and referral service	99117
organizations for the providers or resource and referral service	99118
organizations to collect specified information for use by the	99119
county department in making determinations. If a county department	99120
contracts with a child care provider or a child care resource and	99121
referral service organization for eligibility determinations or	99122
for the collection of information, the contract shall require the	99123
provider or resource and referral service organization to make	99124
each eligibility determination no later than thirty calendar days	99125
from the date the provider or resource and referral organization	99126
receives a completed application that is the basis of the	99127
determination and to collect and transmit all necessary	99128
information to the county department within a period of time that	99129
enables the county department to make each eligibility	99130
determination no later than thirty days after the filing of the	99131
application that is the basis of the determination.	99132

The county department may station employees of the department	99133
in various locations throughout the county to collect information	99134
relevant to applications for publicly funded child care and to	99135
make eligibility determinations. The county department, child care	99136
provider, and child care resource and referral service	99137
organization shall make each determination of eligibility for	99138
publicly funded child care no later than thirty days after the	99139
filing of the application that is the basis of the determination,	99140
shall make each determination in accordance with any relevant	99141
rules adopted pursuant to section 5104.38 of the Revised Code, and	99142
shall notify promptly each applicant for publicly funded child	99143
care of the results of the determination of the applicant's	99144
eligibility.	99145

The director of job and family services shall adopt rules in	99146
accordance with Chapter 119. of the Revised Code for monitoring	99147
the eligibility determination process. In accordance with those	99148
rules, the state department shall monitor eligibility	99149
determinations made by county departments of job and family	99150
services and shall direct any entity that is not in compliance	99151
with this division or any rule adopted under this division to	99152
implement corrective action specified by the department.	99153

(2) All eligibility determinations for publicly funded child	99154
care shall be made in accordance with rules adopted pursuant to	99155
division (A) of section 5104.38 of the Revised Code and, if a	99156
county department of job and family services specifies, pursuant	99157
to rules adopted under division (B) of that section, a maximum	99158
amount of income a family may have to be eligible for publicly	99159
funded child care, the income maximum specified by the county	99160
department. Publicly funded child care may be provided only to	99161
eligible infants, toddlers, preschool children, and school	99162
children under age thirteen. For an applicant to be eligible for	99163
publicly funded child care, the caretaker parent must be employed	99164
or participating in a program of education or training for an	99165
amount of time reasonably related to the time that the parent's	99166
children are receiving publicly funded child care. This	99167
restriction does not apply to families whose children are eligible	99168
for protective child care.	99169

Subject to available funds, a county department of job and	99170
family services shall allow a family to receive publicly funded	99171
child care unless the family's income exceeds the maximum income	99172
eligibility limit. Initial and continued eligibility for publicly	99173
funded child care is subject to available funds unless the family	99174
is receiving child care pursuant to division (A)(1), (2), (3), or	99175
(4) of section 5104.30 of the Revised Code. If the county	99176
department must limit eligibility due to lack of available funds,	99177
it shall give first priority for publicly funded child care to an	99178
assistance group whose income is not more than the maximum income	99179
eligibility limit that received transitional child care in the	99180
previous month but is no longer eligible because the twelve-month	99181
period has expired. Such an assistance group shall continue to	99182
receive priority for publicly funded child care until its income	99183
exceeds the maximum income eligibility limit.	99184

(3) An assistance group that ceases to participate in the	99185
Ohio works first program established under Chapter 5107. of the	99186
Revised Code is eligible for transitional child care at any time	99187
during the immediately following twelve-month period that both of	99188
the following apply:	99189

(a) The assistance group requires child care due to	99190
employment;	99191

(b) The assistance group's income is not more than one	99192
hundred fifty per cent of the federal poverty line.	99193

An assistance group ineligible to participate in the Ohio	99194
works first program pursuant to section 5101.83 or section 5107.16	99195
of the Revised Code is not eligible for transitional child care.	99196

(B) To the extent permitted by federal law, a county	99197
department of job and family services may require a caretaker	99198
parent determined to be eligible for publicly funded child care to	99199
pay a fee according to the schedule of fees established in rules	99200
adopted under section 5104.38 of the Revised Code. Each county	99201
department shall make protective child care services available to	99202
children without regard to the income or assets of the caretaker	99203
parent of the child.	99204

(C) A caretaker parent receiving publicly funded child care	99205
shall report to the entity that determined eligibility any changes	99206
in status with respect to employment or participation in a program	99207
of education or training not later than ten calendar days after	99208
the change occurs.	99209

(D) If a county department of job and family services	99210
determines that available resources are not sufficient to provide	99211
publicly funded child care to all eligible families who request	99212
it, the county department may establish a waiting list. A county	99213
department may establish separate waiting lists within the waiting	99214
list based on income. When resources become available to provide	99215
publicly funded child care to families on the waiting list, a	99216
county department that establishes a waiting list shall assess the	99217
needs of the next family scheduled to receive publicly funded	99218
child care. If the assessment demonstrates that the family	99219
continues to need and is eligible for publicly funded child care,	99220
the county department shall offer it to the family. If the county	99221
department determines that the family is no longer eligible or no	99222
longer needs publicly funded child care, the county department	99223
shall remove the family from the waiting list.	99224

(E) A caretaker parent shall not receive publicly funded	99225
child care from more than one child care provider during any	99226
period unless the caretaker parent obtains approval from the	99227
county department of job and family services based on good cause.	99228

(F) As used in this section, "maximum income eligibility	99229
limit" means the amount of income specified in rules adopted under	99230
division (A) of section 5104.38 of the Revised Code or, if a	99231
county department of job and family services specifies a higher	99232
amount pursuant to rules adopted under division (B) of that	99233
section, the amount the county department specifies.	99234

Sec. 5104.341. (A) Except as provided in division (B) of	99235
this section, both of the following apply:	99236

(1) An eligibility determination made under section 5104.34	99237
of the Revised Code for publicly funded child care is valid for	99238
one year;	99239

(2) The county department of job and family services shall	99240
adjust the appropriate level of a fee charged under division (B)	99241
of section 5104.34 of the Revised Code if a caretaker parent	99242
reports changes in income, family size, or both.	99243

(B) Division (A) of this section does not apply ~~in either of~~	99244
~~the following circumstances:~~	99245

~~(1) The publicly funded child care is provided under division~~	99246
~~(B)(4) of section 5104.35 of the Revised Code;~~	99247

~~(2) The~~if the recipient of the publicly funded child care	99248
ceases to be eligible for publicly funded child care.	99249

Sec. 5104.35. (A) ~~The~~Each county department of job and	99250
family services shall do all of the following:	99251

(1) Accept any gift, grant, or other funds from either public	99252
or private sources offered unconditionally or under conditions	99253
which are, in the judgment of the department, proper and	99254
consistent with this chapter and deposit the funds in the county	99255
public assistance fund established by section 5101.161 of the	99256
Revised Code;	99257

(2) Recruit individuals and groups interested in	99258
certification as in-home aides or in developing and operating	99259
suitable licensed child day-care centers, type A family day-care	99260
homes, or certified type B family day-care homes, especially in	99261
areas with high concentrations of recipients of public assistance,	99262
and for that purpose provide consultation to interested	99263
individuals and groups on request;	99264

(3) Inform clients of the availability of child care	99265
services;	99266

~~(4) Pay to a child day-care center, type A family day-care~~	99267
~~home, certified type B family day-care home, in-home aide,~~	99268
~~approved child day camp, licensed preschool program, licensed~~	99269
~~school child program, or border state child care provider for~~	99270
~~child care services, the amount provided for in division (B) of~~	99271
~~section 5104.32 of the Revised Code. If part of the cost of care~~	99272
~~of a child is paid by the child's parent or any other person, the~~	99273
~~amount paid shall be subtracted from the amount the provider is~~	99274
~~paid.~~	99275

~~(5) In accordance with rules adopted pursuant to section~~	99276
~~5104.39 of the Revised Code, provide monthly reports to the~~	99277
~~director of job and family services and the director of budget and~~	99278
~~management regarding expenditures for the purchase of publicly~~	99279
~~funded child care~~.	99280

(B) ~~The~~A county department of job and family services may do	99281
~~any of the following:~~	99282

~~(1) To~~, to the extent permitted by federal law, use public	99283
child care funds to extend the hours of operation of the county	99284
department to accommodate the needs of working caretaker parents	99285
and enable those parents to apply for publicly funded child care;	99286

~~(2) In accordance with rules adopted by the director of job~~	99287
~~and family services, request a waiver of the reimbursement ceiling~~	99288
~~established pursuant to section 5104.30 of the Revised Code for~~	99289
~~the purpose of paying a higher rate for publicly funded child care~~	99290
~~based upon the special needs of a child;~~	99291

~~(3) To the extent permitted by federal law, use state and~~	99292
~~federal funds to pay deposits and other advance payments that a~~	99293
~~provider of child care customarily charges all children who~~	99294
~~receive child care from that provider;~~	99295

~~(4) To the extent permitted by federal law, pay for up to~~	99296
~~thirty days of child care for a child whose caretaker parent is~~	99297
~~seeking employment, taking part in employment orientation~~	99298
~~activities, or taking part in activities in anticipation of~~	99299
~~enrollment or attendance in an education or training program or~~	99300
~~activity, if the employment or education or training program or~~	99301
~~activity is expected to begin within the thirty-day period~~.	99302

Sec. 5104.37. The department of job and family services ~~and~~	99303
~~a county department of job and family services~~ may withhold any	99304
money due, and recover through any appropriate method any money	99305
erroneously paid, under this chapter if evidence exists of less	99306
than full compliance with this chapter and any rules adopted under	99307
it.	99308

Sec. 5104.38. In addition to any other rules adopted under	99309
this chapter, the director of job and family services shall adopt	99310
rules in accordance with Chapter 119. of the Revised Code	99311
governing financial and administrative requirements for publicly	99312
funded child care and establishing all of the following:	99313

(A) Procedures and criteria to be used in making	99314
determinations of eligibility for publicly funded child care that	99315
give priority to children of families with lower incomes and	99316
procedures and criteria for eligibility for publicly funded	99317
protective child care. The rules shall specify the maximum amount	99318
of income a family may have for initial and continued eligibility.	99319
The maximum amount shall not exceed two hundred per cent of the	99320
federal poverty line. The rules may specify exceptions to the	99321
eligibility requirements in the case of a family that previously	99322
received publicly funded child care and is seeking to have the	99323
child care reinstated after the family's eligibility was	99324
terminated.	99325

(B) Procedures under which a county department of job and	99326
family services may, if the department, under division (A) of this	99327
section, specifies a maximum amount of income a family may have	99328
for eligibility for publicly funded child care that is less than	99329
the maximum amount specified in that division, specify a maximum	99330
amount of income a family residing in the county the county	99331
department serves may have for initial and continued eligibility	99332
for publicly funded child care that is higher than the amount	99333
specified by the department but does not exceed the maximum amount	99334
specified in division (A) of this section;	99335

(C) A schedule of fees requiring all eligible caretaker	99336
parents to pay a fee for publicly funded child care according to	99337
income and family size, which shall be uniform for all types of	99338
publicly funded child care, except as authorized by rule, and, to	99339
the extent permitted by federal law, shall permit the use of state	99340
and federal funds to pay the customary deposits and other advance	99341
payments that a provider charges all children who receive child	99342
care from that provider. The schedule of fees may not provide for	99343
a caretaker parent to pay a fee that exceeds ten per cent of the	99344
parent's family income.	99345

(D) A formula ~~based upon a percentage of the county's total~~	99346
~~expenditures for publicly funded child care~~ for determining the	99347
~~maximum~~ amount of state and federal funds appropriated for	99348
publicly funded child care that may be allocated to a county	99349
department ~~may~~to use for administrative purposes;	99350

(E) Procedures to be followed by the department and county	99351
departments in recruiting individuals and groups to become	99352
providers of child care;	99353

(F) Procedures to be followed in establishing state or local	99354
programs designed to assist individuals who are eligible for	99355
publicly funded child care in identifying the resources available	99356
to them and to refer the individuals to appropriate sources to	99357
obtain child care;	99358

(G) Procedures to deal with fraud and abuse committed by	99359
either recipients or providers of publicly funded child care;	99360

(H) Procedures for establishing a child care grant or loan	99361
program in accordance with the child care block grant act;	99362

(I) Standards and procedures for applicants to apply for	99363
grants and loans, and for the department to make grants and loans;	99364

(J) A definition of "person who stands in loco parentis" for	99365
the purposes of division ~~(II)(1)~~(JJ)(1) of section 5104.01 of the	99366
Revised Code;	99367

(K) Procedures for a county department of job and family	99368
services to follow in making eligibility determinations and	99369
redeterminations for publicly funded child care available through	99370
telephone, computer, and other means at locations other than the	99371
county department;	99372

(L) If the director establishes a different reimbursement	99373
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	99374
Code, standards and procedures for determining the amount of the	99375
higher payment that is to be issued to a child care provider based	99376
on the special needs of the child being served;	99377

(M) To the extent permitted by federal law, procedures for	99378
paying for up to thirty days of child care for a child whose	99379
caretaker parent is seeking employment, taking part in employment	99380
orientation activities, or taking part in activities in	99381
anticipation of enrolling in or attending an education or training	99382
program or activity, if the employment or the education or	99383
training program or activity is expected to begin within the	99384
thirty-day period;	99385

(N) Procedures for a county department of job and family	99386
services to follow in determining whether there is good cause to	99387
permit an eligible caretaker parent to receive publicly funded	99388
child care from more than one child care provider.	99389

(O) Any other rules necessary to carry out sections 5104.30	99390
to ~~5104.39~~5104.43 of the Revised Code.	99391

Sec. 5104.39. (A) The director of job and family services	99392
shall adopt rules in accordance with Chapter 119. of the Revised	99393
Code establishing a procedure for monitoring the expenditures of	99394
~~county departments of job and family services~~for publicly funded	99395
child care to ensure that expenditures do not exceed the available	99396
federal and state funds for publicly funded child care. The	99397
department of job and family services, with the assistance of the	99398
office of budget and management and the child care advisory	99399
council created pursuant to section 5104.08 of the Revised Code,	99400
shall monitor the anticipated future expenditures ~~of county~~	99401
~~departments~~ for publicly funded child care and shall compare those	99402
anticipated future expenditures to available federal and state	99403
funds for publicly funded child care. Whenever the department	99404
determines that the anticipated future expenditures ~~of the county~~	99405
~~departments will exceed the available federal and state funds~~ for	99406
publicly funded child care ~~and the department reimburses the~~	99407
~~county departments in accordance with rules adopted under section~~	99408
~~5104.42 of the Revised Code~~will exceed the available federal and	99409
state funds, the department shall promptly notify the county	99410
departments of job and family services and, before the available	99411
state and federal funds are used, the director shall issue and	99412
implement an administrative order that shall specify both of the	99413
following:	99414

(1) Priorities for expending the remaining available federal	99415
and state funds for publicly funded child care;	99416

(2) Instructions and procedures to be used by the county	99417
departments regarding eligibility determinations.	99418

(B) The order may do any or all of the following:

99419

(1) Suspend enrollment of all new participants in any program	99420
of publicly funded child care;	99421

(2) Limit enrollment of new participants to those with	99422
incomes at or below a specified percentage of the federal poverty	99423
line;	99424

(3) Disenroll existing participants with income above a	99425
specified percentage of the federal poverty line;	99426

(4) Change the schedule of fees paid by eligible caretaker	99427
parents that has been established pursuant to section 5104.38 of	99428
the Revised Code;	99429

(5) Change the rate of payment for providers of publicly	99430
funded child care that has been established pursuant to section	99431
5104.30 of the Revised Code.	99432

(C) Each county department shall comply with the order no	99433
later than thirty days after it is issued. ~~If the department fails~~	99434
~~to notify the county departments and to implement the reallocation~~	99435
~~priorities specified in the order before the available federal and~~	99436
~~state funds for publicly funded child care are used, the state~~	99437
~~department shall provide sufficient funds to the county~~	99438
~~departments for publicly funded child care to enable each county~~	99439
~~department to pay for all publicly funded child care that was~~	99440
~~provided by providers pursuant to contract prior to the date that~~	99441
~~the county department received notice under this section and the~~	99442
~~state department implemented in that county the priorities.~~	99443

(D) If after issuing an order under this section to suspend	99444
or limit enrollment of new participants or disenroll existing	99445
participants the department determines that available state and	99446
federal funds for publicly funded child care exceed the	99447
anticipated future expenditures ~~of the county departments~~for	99448
publicly funded child care, the director may issue and implement	99449
another administrative order increasing income eligibility levels	99450
to a specified percentage of the federal poverty line. The order	99451
shall include instructions and procedures to be used by the county	99452
departments. Each county department shall comply with the order	99453
not later than thirty days after it is issued.	99454

(E) The department of job and family services shall do all of	99455
the following:	99456

(1) Conduct a quarterly evaluation of the program of publicly	99457
funded child care that is operated pursuant to sections 5104.30 to	99458
~~5104.39~~5104.43 of the Revised Code;	99459

(2) Prepare reports based upon the evaluations that specify	99460
for each county the number of participants and amount of	99461
expenditures;	99462

(3) Provide copies of the reports to both houses of the	99463
general assembly and, on request, to interested parties.	99464

Sec. 5104.42. (A) The director of job and family services	99465
shall adopt rules pursuant to section 111.15 of the Revised Code	99466
establishing a payment procedure for publicly funded child care.	99467
~~The rules may provide that the department of job and family~~	99468
~~services will reimburse county departments of job and family~~	99469
~~services for payments made to providers of publicly funded child~~	99470
~~care, make direct payments to providers, or establish another~~	99471
~~system for the payment of publicly funded child care.~~	99472

~~Alternately, the~~(B) The director, by rule adopted in	99473
accordance with section 111.15 of the Revised Code, may establish	99474
a methodology for allocating ~~among the county departments~~ the	99475
state and federal funds appropriated for ~~all~~ publicly funded child	99476
care ~~services~~. ~~If the department chooses to allocate funds for~~	99477
~~publicly funded child care, it may provide the funds to each~~	99478
~~county department, up to the limit of the county's allocation, by~~	99479
~~advancing the funds or reimbursing county care expenditures. The~~	99480
~~rules adopted under this section may prescribe procedures for~~	99481
~~making the advances or reimbursements. The rules may establish a~~	99482
~~method under which the department may determine which county~~	99483
~~expenditures for child care services are allowable for use of and~~	99484
~~federal funds.~~	99485

~~The rules may establish procedures that a county department~~	99486
~~shall follow when the county department determines that its~~	99487
~~anticipated future expenditures for publicly funded child care~~	99488
~~services will exceed the amount of state and federal funds~~	99489
~~allocated by the state department. The procedures may include~~	99490
~~suspending or limiting enrollment of new participants.~~	99491

Sec. 5104.43. Each county department of job and family	99492
services shall deposit all funds received from any source for	99493
child care services into the public assistance fund established	99494
under section 5101.161 of the Revised Code. ~~All expenditures by a~~	99495
~~county department for publicly funded child care shall be made~~	99496
~~from the public assistance fund.~~	99497

Sec. 5104.99. (A) Whoever violates section 5104.02 of the	99498
Revised Code shall be punished as follows:	99499

(1) For each offense, the offender shall be fined not less	99500
than one hundred dollars nor more than five hundred dollars	99501
multiplied by the number of children receiving child care at the	99502
child day-care center or type A family day-care home that either	99503
exceeds the number of children to which a type B family day-care	99504
home may provide child care or, if the offender is a licensed type	99505
A family day-care home that is operating as a child day-care	99506
center without being licensed as a center, exceeds the license	99507
capacity of the type A home.	99508

(2) In addition to the fine specified in division (A)(1) of	99509
this section, all of the following apply:	99510

(a) Except as provided in divisions (A)(2)(b), (c), and (d)	99511
of this section, the court shall order the offender to reduce the	99512
number of children to which it provides child care to a number	99513
that does not exceed either the number of children to which a type	99514
B family day-care home may provide child care or, if the offender	99515
is a licensed type A family day-care home that is operating as a	99516
child day-care center without being licensed as a center, the	99517
license capacity of the type A home.	99518

(b) If the offender previously has been convicted of or	99519
pleaded guilty to one violation of section 5104.02 of the Revised	99520
Code, the court shall order the offender to cease the provision of	99521
child care to any person until it obtains a child day-care center	99522
license or a type A family day-care home license, as appropriate,	99523
under section 5104.03 of the Revised Code.	99524

(c) If the offender previously has been convicted of or	99525
pleaded guilty to two violations of section 5104.02 of the Revised	99526
Code, the offender is guilty of a misdemeanor of the first degree,	99527
and the court shall order the offender to cease the provision of	99528
child care to any person until it obtains a child day-care center	99529
license or a type A family day-care home license, as appropriate,	99530
under section 5104.03 of the Revised Code. The court shall impose	99531
the fine specified in division (A)(1) of this section and may	99532
impose an additional fine provided that the total amount of the	99533
fines so imposed does not exceed the maximum fine authorized for a	99534
misdemeanor of the first degree under section 2929.28 of the	99535
Revised Code.	99536

(d) If the offender previously has been convicted of or	99537
pleaded guilty to three or more violations of section 5104.02 of	99538
the Revised Code, the offender is guilty of a felony of the fifth	99539
degree, and the court shall order the offender to cease the	99540
provision of child care to any person until it obtains a child	99541
day-care center license or a type A family day-care home license,	99542
as appropriate, under section 5104.03 of the Revised Code. The	99543
court shall impose the fine specified in division (A)(1) of this	99544
section and may impose an additional fine provided that the total	99545
amount of the fines so imposed does not exceed the maximum fine	99546
authorized for a felony of the fifth degree under section 2929.18	99547
of the Revised Code.	99548

(B) Whoever violates division (B) of section 5104.09 of the	99549
Revised Code is guilty of a misdemeanor of the first degree. If	99550
the offender is a licensee of a center or type A home, the	99551
conviction shall constitute grounds for denial,or revocation~~, or~~	99552
~~refusal to renew~~of an application for licensure pursuant to	99553
section 5104.04 of the Revised Code. If the offender is a person	99554
eighteen years of age or older residing in a center or type A home	99555
or is an employee of a center or a type A home and if the licensee	99556
had knowledge of, and acquiesced in, the commission of the	99557
offense, the conviction shall constitute grounds for denial,or	99558
revocation~~, or refusal to renew~~of an application for licensure	99559
pursuant to section 5104.04 of the Revised Code.	99560

(C) Whoever violates division (C) of section 5104.09 of the	99561
Revised Code is guilty of a misdemeanor of the third degree.	99562

Sec. 5111.012. ~~The~~(A) Except as provided in division (B) of	99563
this section, the county department of job and family services of	99564
each county shall establish the eligibility for medical assistance	99565
of persons living in the county, and shall notify the department	99566
of job and family services in the manner prescribed by the	99567
department. The county shall be reimbursed for administrative	99568
expenditures in accordance with sections 5101.16, 5101.161, and	99569
5701.01 of the Revised Code. Expenditures for medical assistance	99570
shall be made from funds appropriated to the department of job and	99571
family services for public assistance subsidies. The program shall	99572
conform to the requirements of the "Social Security Act," 49 Stat.	99573
620 (1935), 42 U.S.C.A. 301, as amended.	99574

(B) If the department of job and family services elects to	99575
enter into agreements with county departments of job and family	99576
services pursuant to division (B) of section 5101.47 of the	99577
Revised Code, a county department of job and family services shall	99578
establish eligibility for medical assistance only if authorized to	99579
do so under such an agreement.	99580

Sec. 5111.013. (A) The provision of medical assistance to	99581
pregnant women and young children who are eligible for medical	99582
assistance under division (A)(3) of section 5111.01 of the Revised	99583
Code, but who are not otherwise eligible for medical assistance	99584
under that section, shall be known as the healthy start program.	99585

(B) The department of job and family services shall do all of	99586
the following with regard to the application procedures for the	99587
healthy start program:	99588

(1) Establish a short application form for the program that	99589
requires the applicant to provide no more information than is	99590
necessary for making determinations of eligibility for the healthy	99591
start program, except that the form may require applicants to	99592
provide their social security numbers. The form shall include a	99593
statement, which must be signed by the applicant, indicating that	99594
she does not choose at the time of making application for the	99595
program to apply for assistance provided under any other program	99596
administered by the department and that she understands that she	99597
is permitted at any other time to apply at the county department	99598
of job and family services of the county in which she resides for	99599
any other assistance administered by the department.	99600

(2) To the extent permitted by federal law, do one or both of	99601
the following:	99602

(a) Distribute the application form for the program to each	99603
public or private entity that serves as a women, infants, and	99604
children clinic or as a child and family health clinic and to each	99605
administrative body for such clinics and train employees of each	99606
such agency or entity to provide applicants assistance in	99607
completing the form;	99608

(b) In cooperation with the department of health, develop	99609
arrangements under which employees of county departments of job	99610
and family services are stationed at public or private agencies or	99611
entities selected by the department of job and family services	99612
that serve as women, infants, and children clinics; child and	99613
family health clinics; or administrative bodies for such clinics	99614
for the purpose both of assisting applicants for the program in	99615
completing the application form and of making determinations at	99616
that location of eligibility for the program.	99617

(3) Establish performance standards by which a county	99618
department of job and family services' level of enrollment of	99619
persons potentially eligible for the program can be measured, and	99620
establish acceptable levels of enrollment for each county	99621
department.	99622

(4) Direct any county department of job and family services	99623
whose rate of enrollment of potentially eligible enrollees in the	99624
program is below acceptable levels established under division	99625
(B)(3) of this section to implement corrective action. Corrective	99626
action may include but is not limited to any one or more of the	99627
following to the extent permitted by federal law:	99628

(a) Establishing formal referral and outreach methods with	99629
local health departments and local entities receiving funding	99630
through the bureau of maternal and child health;	99631

(b) Designating a specialized intake unit within the county	99632
department for healthy start applicants;	99633

(c) Establishing abbreviated timeliness requirements to	99634
shorten the time between receipt of an application and the	99635
scheduling of an initial application interview;	99636

(d) Establishing a system for telephone scheduling of intake	99637
interviews for applicants;	99638

(e) Establishing procedures to minimize the time an applicant	99639
must spend in completing the application and eligibility	99640
determination process, including permitting applicants to complete	99641
the process at times other than the regular business hours of the	99642
county department and at locations other than the offices of the	99643
county department.	99644

(C) To the extent permitted by federal law, local funds,	99645
whether from public or private sources, expended by a county	99646
department for administration of the healthy start program shall	99647
be considered to have been expended by the state for the purpose	99648
of determining the extent to which the state has complied with any	99649
federal requirement that the state provide funds to match federal	99650
funds for medical assistance, except that this division shall not	99651
affect the amount of funds the county is entitled to receive under	99652
section 5101.16, 5101.161, or 5111.012 of the Revised Code.	99653

(D) ~~The director of job and family services shall do one or~~	99654
~~both of the following:~~	99655

~~(1) To the extent that federal funds are provided for such~~	99656
~~assistance, adopt a plan for granting presumptive eligibility for~~	99657
~~pregnant women applying for healthy start;~~	99658

~~(2) To the extent permitted by federal medicaid regulations,~~	99659
~~adopt a plan for making same-day determinations of eligibility for~~	99660
~~pregnant women applying for healthy start.~~	99661

~~(E)~~ A county department of job and family services that	99662
maintains offices at more than one location shall accept	99663
applications for the healthy start program at all of those	99664
locations.	99665

~~(F)~~(E) The director of job and family services shall adopt	99666
rules in accordance with section 111.15 of the Revised Code as	99667
necessary to implement this section.	99668

Sec. 5111.0112. (A) The director of job and family services	99669
shall institute a cost-sharing program under the medicaid program.	99670
In instituting the cost-sharing program, the director shall comply	99671
with federal law. ~~In the case of an individual participating in~~	99672
~~the children's buy-in program established under sections 5101.5211~~	99673
~~to 5101.5216 of the Revised Code, the cost-sharing program shall~~	99674
~~be consistent with sections 5101.5213 and 5101.5214 of the Revised~~	99675
~~Code if the children's buy-in program is a component of the~~	99676
~~medicaid program.~~ The cost-sharing program shall establish a	99677
copayment requirement for at least dental services, vision	99678
services, nonemergency emergency department services, and	99679
prescription drugs, other than generic drugs. The cost-sharing	99680
program shall establish requirements regarding premiums,	99681
enrollment fees, deductions, and similar charges. The director	99682
shall adopt rules under section 5111.02 of the Revised Code	99683
governing the cost-sharing program.	99684

(B) The cost-sharing program shall, to the extent permitted	99685
by federal law, provide for all of the following with regard to	99686
any providers participating in the medicaid program:	99687

(1) No provider shall refuse to provide a service to a	99688
medicaid recipient who is unable to pay a required copayment for	99689
the service.	99690

(2) Division (B)(1) of this section shall not be considered	99691
to do either of the following with regard to a medicaid recipient	99692
who is unable to pay a required copayment:	99693

(a) Relieve the medicaid recipient from the obligation to pay	99694
a copayment;	99695

(b) Prohibit the provider from attempting to collect an	99696
unpaid copayment.	99697

(3) Except as provided in division (C) of this section, no	99698
provider shall waive a medicaid recipient's obligation to pay the	99699
provider a copayment.	99700

(4) No provider or drug manufacturer, including the	99701
manufacturer's representative, employee, independent contractor,	99702
or agent, shall pay any copayment on behalf of a medicaid	99703
recipient.	99704

(5) If it is the routine business practice of the provider to	99705
refuse service to any individual who owes an outstanding debt to	99706
the provider, the provider may consider an unpaid copayment	99707
imposed by the cost-sharing program as an outstanding debt and may	99708
refuse service to a medicaid recipient who owes the provider an	99709
outstanding debt. If the provider intends to refuse service to a	99710
medicaid recipient who owes the provider an outstanding debt, the	99711
provider shall notify the individual of the provider's intent to	99712
refuse services.	99713

(C) In the case of a provider that is a hospital, the	99714
cost-sharing program shall permit the hospital to take action to	99715
collect a copayment by providing, at the time services are	99716
rendered to a medicaid recipient, notice that a copayment may be	99717
owed. If the hospital provides the notice and chooses not to take	99718
any further action to pursue collection of the copayment, the	99719
prohibition against waiving copayments specified in division	99720
(B)(3) of this section does not apply.	99721

(D) The department of job and family services may work with a	99722
state agency that is administering, pursuant to a contract entered	99723
into under section 5111.91 of the Revised Code, one or more	99724
components of the medicaid program or one or more aspects of a	99725
component as necessary for the state agency to apply the	99726
cost-sharing program to the components or aspects of the medicaid	99727
program that the state agency administers.	99728

Sec. 5111.0122. As used in this section, "maintenance of	99729
effort requirement" means the requirement established by section	99730
1902(gg) of the "Social Security Act," 124 Stat. 275 (2010), 42	99731
U.S.C. 1396a(gg), as amended, regarding medicaid eligibility	99732
standards, methodologies, and procedures.	99733

Except to the extent, if any, otherwise authorized by the	99734
United States secretary of health and human services, the	99735
department of job and family services shall comply with the	99736
maintenance of effort requirement while the requirement is in	99737
effect.	99738

Sec. 5111.0123. (A) Subject to division (B) of this section,	99739
the director of job and family services shall adopt rules under	99740
sections 5111.011 and 5111.85 of the Revised Code to reduce the	99741
complexity of the eligibility determination processes for the	99742
medicaid program caused by the different income and resource	99743
standards for the numerous medicaid eligibility categories.	99744

(B) In implementing division (A) of this section, both of the	99745
following apply:	99746

(1) Before implementing a revision to an eligibility	99747
determination process, the director shall obtain, to the extent	99748
necessary, the approval of the United States secretary of health	99749
and human services in the form of a federal medicaid waiver,	99750
medicaid state plan amendment, or demonstration grant.	99751

(2) The director shall comply with section 5111.0122 of the	99752
Revised Code.	99753

Sec. 5111.0124. (A) As used in this section:

99754

"Children's hospital" has the same meaning as in section	99755
2151.86 of the Revised Code.	99756

"Federally-qualified health center" has the same meaning as	99757
in 42 U.S.C. 1396d(l)(2)(B).	99758

"Presumptive eligibility for pregnant women option" means the	99759
option available under 42 U.S.C. 1396r-1 to make ambulatory	99760
prenatal care available to pregnant women under the medicaid	99761
program during presumptive eligibility periods.	99762

"Qualified provider" has the same meaning as in 42 U.S.C.	99763
1396r-1(b)(2).	99764

(B) The director of job and family services shall submit a	99765
state medicaid plan amendment to the United States secretary of	99766
health and human services to implement the presumptive eligibility	99767
for pregnant women option. Not later than ninety days after the	99768
effective date of this section, the director shall have in place	99769
all systems that are necessary to enable a children's hospital and	99770
federally qualified health center to serve as a qualified provider	99771
for purposes of the presumptive eligibility for pregnant women	99772
option if the hospital or center is eligible to be a qualified	99773
provider under 42 U.S.C. 1396r-1(b)(2) and requests to serve as a	99774
qualified provider. After the director determines that the systems	99775
are functioning properly, the director shall permit any other	99776
provider to serve as a qualified provider for purposes of the	99777
presumptive eligibility for pregnant women option if the provider	99778
is eligible to be a qualified provider under 42 U.S.C.	99779
1396r-1(b)(2) and requests to serve as a qualified provider.	99780

Sec. 5111.0125. (A) As used in this section:

99781

"Children's hospital" has the same meaning as in section	99782
2151.86 of the Revised Code.	99783

"Federally-qualified health center" has the same meaning as	99784
in 42 U.S.C. 1396d(l)(2)(B).	99785

"Presumptive eligibility for children option" means the	99786
option available under 42 U.S.C. 1396r-1a to make medical	99787
assistance with respect to health care items and services	99788
available to children under the medicaid program during	99789
presumptive eligibility periods.	99790

"Qualified entity" has the same meaning as in 42 U.S.C.	99791
1396r-1a(b)(3).	99792

(B) The director of job and family services shall retain the	99793
presumptive eligibility for children option in the state medicaid	99794
plan. Not later than ninety days after the effective date of this	99795
section, the director shall have in place all systems that are	99796
necessary to enable a children's hospital and federally qualified	99797
health center to serve as a qualified entity for purposes of the	99798
presumptive eligibility for children option if the hospital or	99799
center is eligible to be a qualified entity under 42 U.S.C.	99800
1396r-1a(b)(3) and requests to serve as a qualified entity. After	99801
the director determines that the systems are functioning properly,	99802
the director shall permit any other entity to serve as a qualified	99803
entity for purposes of the presumptive eligibility for children	99804
option if the entity is eligible to be a qualified entity under 42	99805
U.S.C. 1396r-1a(b)(3) and requests to serve as a qualified entity.	99806

Sec. 5111.021. Under the medicaid program:

99807

(A) ~~Except as otherwise permitted by federal statute or~~	99808
~~regulation and at the department's discretion, reimbursement by~~	99809
~~the~~The department of job and family services toshall not	99810
reimburse a medical provider for any medical ~~service~~assistance	99811
rendered under the program ~~shall not exceed~~an amount that exceeds	99812
the following:	99813

(1) If the provider is a hospital, nursing facility, or	99814
intermediate care facility for the mentally retarded, the limits	99815
established under Subpart C of 42 C.F.R. Part 447;	99816

(2) If the provider is other than a provider described in	99817
division (A)(1) of this section, the authorized reimbursement	99818
~~level~~limits for the same service under the medicare program	99819
established under Title XVIII of the "Social Security Act," 79	99820
Stat. 286 (1965), 42 U.S.C. 1395, as amended.	99821

(B) Reimbursement for freestanding medical laboratory charges	99822
shall not exceed the customary and usual fee for laboratory	99823
profiles.	99824

(C) The department may deduct from payments for services	99825
rendered by a medicaid provider under the medicaid program any	99826
amounts the provider owes the state as the result of incorrect	99827
medicaid payments the department has made to the provider.	99828

(D) The department may conduct final fiscal audits in	99829
accordance with the applicable requirements set forth in federal	99830
laws and regulations and determine any amounts the provider may	99831
owe the state. When conducting final fiscal audits, the department	99832
shall consider generally accepted auditing standards, which	99833
include the use of statistical sampling.	99834

(E) The number of days of inpatient hospital care for which	99835
reimbursement is made on behalf of a medicaid recipient to a	99836
hospital that is not paid under a diagnostic-related-group	99837
prospective payment system shall not exceed thirty days during a	99838
period beginning on the day of the recipient's admission to the	99839
hospital and ending sixty days after the termination of that	99840
hospital stay, except that the department may make exceptions to	99841
this limitation. The limitation does not apply to children	99842
participating in the program for medically handicapped children	99843
established under section 3701.023 of the Revised Code.	99844

(F) The division of any reimbursement between a collaborating	99845
physician or podiatrist and a clinical nurse specialist, certified	99846
nurse-midwife, or certified nurse practitioner for services	99847
performed by the nurse shall be determined and agreed on by the	99848
nurse and collaborating physician or podiatrist. In no case shall	99849
reimbursement exceed the payment that the physician or podiatrist	99850
would have received had the physician or podiatrist provided the	99851
entire service.	99852

Sec. 5111.023. (A) As used in this section:

99853

(1) "Community mental health agency or facility" means a	99854
community mental health agency or facility that has ~~a quality~~	99855
~~assurance program accredited by the joint commission on~~	99856
~~accreditation of healthcare organizations or is~~its community	99857
mental health services certified by the department of mental	99858
health under section 5119.611 of the Revised Code or by the	99859
department of job and family services.	99860

(2) "Mental health professional" means a person qualified to	99861
work with mentally ill persons under the standards established by	99862
the director of mental health pursuant to section 5119.611 of the	99863
Revised Code.	99864

(B) The state medicaid plan ~~shall~~may include provision of	99865
the following mental health services when provided by community	99866
mental health agencies or facilities:	99867

(1) Outpatient mental health services, including, but not	99868
limited to, preventive, diagnostic, therapeutic, rehabilitative,	99869
and palliative interventions rendered to individuals in an	99870
individual or group setting by a mental health professional in	99871
accordance with a plan of treatment appropriately established,	99872
monitored, and reviewed;	99873

(2) Partial-hospitalization mental health services rendered	99874
by persons directly supervised by a mental health professional;	99875

(3) Unscheduled, emergency mental health services of a kind	99876
ordinarily provided to persons in crisis when rendered by persons	99877
supervised by a mental health professional;	99878

(4) Subject to receipt of federal approval, assertive	99879
community treatment and intensive home-based mental health	99880
services.	99881

(C) ~~The comprehensive annual plan shall certify the~~	99882
~~availability of sufficient unencumbered community mental health~~	99883
~~state subsidy and local funds to match federal medicaid~~	99884
~~reimbursement funds earned by community mental health facilities.~~	99885

~~(D)~~ The department of job and family services shall enter	99886
into a separate contract with the department of mental health	99887
under section 5111.91 of the Revised Code with regard to the	99888
component of the medicaid program provided for by this section.	99889

~~(E) Not later than July 21, 2006, the department of job and~~	99890
~~family services shall request federal approval to provide~~	99891
~~assertive community treatment and intensive home-based mental~~	99892
~~health services under medicaid pursuant to this section.~~	99893

~~(F) On receipt of federal approval sought under division (E)~~	99894
~~of this section, the director of job and family services shall~~	99895
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	99896
~~for assertive community treatment and intensive home-based mental~~	99897
~~health services provided under medicaid pursuant to this section.~~	99898
~~The director shall consult with the department of mental health in~~	99899
~~adopting the rules.~~	99900

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	99901
the Revised Code, the director of job and family services shall	99902
modify the manner or establish a new manner in which the following	99903
are paid under medicaid:	99904

(1) Community mental health agencies or facilities for	99905
providing community mental health services included in the state	99906
medicaid plan pursuant to section 5111.023 of the Revised Code;	99907

(2) Providers of alcohol and drug addiction services for	99908
providing alcohol and drug addiction services included in the	99909
medicaid program pursuant to rules adopted under section 5111.02	99910
of the Revised Code.	99911

(B) The director's authority to modify the manner, or to	99912
establish a new manner, for medicaid to pay for the services	99913
specified in division (A) of this section is not limited by any	99914
rules adopted under section 5111.02 or 5119.61 of the Revised Code	99915
that are in effect on June 26, 2003, and govern the way medicaid	99916
pays for those services. This is the case regardless of what state	99917
agency adopted the rules.	99918

Sec. 5111.0212. As necessary to comply with section	99919
1902(a)(13)(A) of the "Social Security Act," 111 Stat. 507 (1997),	99920
42 U.S.C. 1396a(a)(13)(A), as amended, and any other federal law	99921
that requires public notice of proposed changes to reimbursement	99922
rates for medical assistance provided under the medicaid program,	99923
the director of job and family services shall give public notice	99924
in the register of Ohio of any change to a method or standard used	99925
to determine the medicaid reimbursement rate for medical	99926
assistance.	99927

Sec. 5111.0213. (A) As used in this section:

99928

(1) "Aide services" means all of the following:

99929

(a) Home health aide services available under the home health	99930
services benefit pursuant to 42 C.F.R. 440.70(b)(2);	99931

(b) Home care attendant services available under a home and	99932
community-based services medicaid waiver component;	99933

(c) Personal care aide services available under a home and	99934
community-based services medicaid waiver component.	99935

(2) "Home and community-based services medicaid waiver	99936
component" has the same meaning as in section 5111.85 of the	99937
Revised Code.	99938

(3) "Nursing services" means all of the following:

99939

(a) Nursing services available under the home health services	99940
benefit pursuant to 42 C.F.R. 440.70(b)(1);	99941

(b) Private duty nursing services as defined in 42 C.F.R.	99942
440.80;	99943

(c) Nursing services available under a home and	99944
community-based services medicaid waiver component.	99945

(B) The department of job and family services shall do both	99946
of the following:	99947

(1) Effective not later than October 1, 2011, reduce the	99948
medicaid program's first-hour-unit price for aide services and	99949
nursing services in a manner that reflects, at a minimum, labor	99950
market data that shows the medicaid and non-medicaid reimbursement	99951
rates for such services or similar services;	99952

(2) Not sooner than July 1, 2012, adjust the medicaid	99953
reimbursement rates for aide services and nursing services in a	99954
manner that reflects, at a minimum, labor market data, education	99955
and licensure status, home health agency and non-agency provider	99956
status, and length of service visit.	99957

(C) The department shall strive to have the adjustment made	99958
under division (B)(2) of this section go into effect on July 1,	99959
2012. The reduction made under division (B)(1) of this section	99960
shall remain in effect until the adjustment made under division	99961
(B)(2) of this section goes into effect.	99962

(D) The director of job and family services shall adopt rules	99963
under sections 5111.02 and 5111.85 of the Revised Code as	99964
necessary to implement this section.	99965

Sec. 5111.0214. The department of job and family services	99966
shall not knowingly make a medicaid payment for a	99967
provider-preventable condition for which federal financial	99968
participation is prohibited by regulations adopted under section	99969
2702 of the "Patient Protection and Affordable Care Act," 124	99970
Stat. 318 (2010), 42 U.S.C. 1396b-1. The director of job and	99971
family services shall adopt rules under section 5111.02 of the	99972
Revised Code as necessary to implement this section.	99973

Sec. 5111.0215. (A) The department of job and family services	99974
may establish a program under which it provides incentive	99975
payments, as authorized by the "Health Information Technology for	99976
Economic and Clinical Health Act," 123 Stat. 489 (2009), 42 U.S.C.	99977
1396b(a)(3)(F) and 1396b(t), as amended, to encourage the adoption	99978
and use of electronic health record technology by medicaid	99979
providers who are identified under that federal law as eligible	99980
professionals.	99981

(B) After the department has made a determination regarding	99982
the amount of a medicaid provider's electronic health record	99983
incentive payment or the denial of an incentive payment, the	99984
department shall notify the provider. The provider may request	99985
that the department reconsider its determination.	99986

A request for reconsideration shall be submitted in writing	99987
to the department not later than fifteen days after the provider	99988
receives notification of the determination. The request shall be	99989
accompanied by written materials setting forth the basis for, and	99990
supporting, the reconsideration request.	99991

On receipt of a timely request, the department shall	99992
reconsider the determination. On the basis of the written	99993
materials accompanying the request, the department may uphold,	99994
reverse, or modify its original determination. The department	99995
shall mail to the provider by certified mail a written notice of	99996
the reconsideration decision.	99997

In accordance with Chapter 2505. of the Revised Code, the	99998
medicaid provider may appeal the reconsideration decision by	99999
filing a notice of appeal with the court of common pleas of	100000
Franklin county. The notice shall identify the decision being	100001
appealed and the specific grounds for the appeal. The notice of	100002
appeal shall be filed not later than fifteen days after the	100003
department mails its notice of the reconsideration decision. A	100004
copy of the notice of appeal shall be filed with the department	100005
not later than three days after the notice is filed with the	100006
court.	100007

(C) The director of job and family services may adopt rules	100008
in accordance with Chapter 119. of the Revised Code as necessary	100009
to implement this section.	100010

Sec. 5111.031. (A) As used in this section:

100011

(1) "Independent provider" has the same meaning as in section	100012
5111.034 of the Revised Code.	100013

(2) "Intermediate care facility for the mentally retarded"	100014
and "nursing facility" have the same meanings as in section	100015
5111.20 of the Revised Code.	100016

(3) "Noninstitutional medicaid provider" means any person or	100017
entity with a medicaid provider agreement other than a hospital,	100018
nursing facility, or intermediate care facility for the mentally	100019
retarded.	100020

(4) "Owner" means any person having at least five per cent	100021
ownership in a noninstitutional medicaid provider.	100022

(B) Notwithstanding any provision of this chapter to the	100023
contrary, the department of job and family services shall take	100024
action under this section against a noninstitutional medicaid	100025
provider or its owner, officer, authorized agent, associate,	100026
manager, or employee.	100027

(C) Except as provided in division (D) of this section and in	100028
rules adopted by the department under division (H) of this	100029
section, on receiving notice and a copy of an indictment that is	100030
issued on or after ~~the effective date of this section~~September	100031
29, 2007, and charges a noninstitutional medicaid provider or its	100032
owner, officer, authorized agent, associate, manager, or employee	100033
with committing an offense specified in division (E) of this	100034
section, the department shall suspend the provider agreement held	100035
by the noninstitutional medicaid provider. Subject to division (D)	100036
of this section, the department shall also terminate medicaid	100037
reimbursement to the provider for services rendered.	100038

The suspension shall continue in effect until the proceedings	100039
in the criminal case are completed through ~~conviction,~~ dismissal	100040
of the indictment,or through conviction, entry of a guilty plea,	100041
or finding of not guilty. If the department commences a process to	100042
terminate the suspended provider agreement, the suspension shall	100043
also continue in effect until the termination process is	100044
concluded. ~~Pursuant~~	100045

Pursuant to section 5111.06 of the Revised Code, the	100046
department is not required to take action under this division by	100047
issuing an order pursuant to an adjudication conducted in	100048
accordance with Chapter 119. of the Revised Code.	100049

When subject to a suspension under this division, a provider,	100050
owner, officer, authorized agent, associate, manager, or employee	100051
shall not own or provide services to any other medicaid provider	100052
or risk contractor or arrange for, render, or order services for	100053
medicaid recipients during the period of suspension. During the	100054
period of suspension, the provider, owner, officer, authorized	100055
agent, associate, manager, or employee shall not receive	100056
reimbursement in the form of direct payments from the department	100057
or indirect payments of medicaid funds in the form of salary,	100058
shared fees, contracts, kickbacks, or rebates from or through any	100059
participating provider or risk contractor.	100060

(D)(1) The department shall not suspend a provider agreement	100061
or terminate medicaid reimbursement under division (C) of this	100062
section if the provider or owner can demonstrate through the	100063
submission of written evidence that the provider or owner did not	100064
directly or indirectly sanction the action of its authorized	100065
agent, associate, manager, or employee that resulted in the	100066
indictment.	100067

(2) The termination of medicaid reimbursement applies only to	100068
payments for medicaid services rendered subsequent to the date on	100069
which the notice required under division (F) of this section is	100070
sent. Claims for reimbursement for medicaid services rendered by	100071
the provider prior to the issuance of the notice may be subject to	100072
prepayment review procedures whereby the department reviews claims	100073
to determine whether they are supported by sufficient	100074
documentation, are in compliance with state and federal statutes	100075
and rules, and are otherwise complete.	100076

(E)(1) In the case of a noninstitutional medicaid provider	100077
that is not an independent provider, the suspension of a provider	100078
agreement under division (C) of this section applies when an	100079
indictment charges a person with committing an act that would be a	100080
felony or misdemeanor under the laws of this state and the act	100081
relates to or results from either of the following:	100082

(a) Furnishing or billing for medical care, services, or	100083
supplies under the medicaid program;	100084

(b) Participating in the performance of management or	100085
administrative services relating to furnishing medical care,	100086
services, or supplies under the medicaid program.	100087

(2) In the case of a noninstitutional medicaid provider that	100088
is an independent provider, the suspension of a provider agreement	100089
under division (C) of this section applies when an indictment	100090
charges a person with committing an act that would constitute one	100091
of the offenses specified in division (D) of section 5111.034 of	100092
the Revised Code.	100093

(F) Not later than five days after suspending a provider	100094
agreement under division (C) of this section, the department shall	100095
send notice of the suspension to the affected provider or owner.	100096
In providing the notice, the department shall do all of the	100097
following:	100098

(1) Describe the indictment that was the cause of the	100099
suspension, without necessarily disclosing specific information	100100
concerning any ongoing civil or criminal investigation;	100101

(2) State that the suspension will continue in effect until	100102
the proceedings in the criminal case are completed through	100103
~~conviction,~~ dismissal of the indictment,or through conviction,	100104
entry of a guilty plea, or finding of not guilty and, if the	100105
department commences a process to terminate the suspended provider	100106
agreement, until the termination process is concluded;	100107

(3) Inform the provider or owner of the opportunity to submit	100108
to the department, not later than thirty days after receiving the	100109
notice, a request for a reconsideration pursuant to division (G)	100110
of this section.	100111

(G)(1) APursuant to the procedure specified in division	100112
(G)(2) of this section, a noninstitutional medicaid provider or	100113
owner subject to a suspension under this section may request a	100114
reconsideration. The request shall be made not later than thirty	100115
days after receipt of the notice provided under division (F) of	100116
this section. The reconsideration is not subject to an	100117
adjudication hearing pursuant to Chapter 119. of the Revised Code.	100118

(2) In requesting a reconsideration, the provider or owner	100119
shall submit written information and documents to the department.	100120
The information and documents may pertain to any of the following	100121
issues:	100122

(a) Whether the determination to suspend the provider	100123
agreement was based on a mistake of fact, other than the validity	100124
of the indictment;	100125

(b) Whether any offense charged in the indictment resulted	100126
from an offense specified in division (E) of this section;	100127

(c) Whether the provider or owner can demonstrate that the	100128
provider or owner did not directly or indirectly sanction the	100129
action of its authorized agent, associate, manager, or employee	100130
that resulted in the indictment.	100131

(3) The department shall review the information and documents	100132
submitted in a request for reconsideration. After the review, the	100133
suspension may be affirmed, reversed, or modified, in whole or in	100134
part. The department shall notify the affected provider or owner	100135
of the results of the review. The review and notification of its	100136
results shall be completed not later than forty-five days after	100137
receiving the information and documents submitted in a request for	100138
reconsideration.	100139

(H) The department may adopt rules in accordance with Chapter	100140
119. of the Revised Code to implement this section. The rules may	100141
specify circumstances under which the department would not suspend	100142
a provider agreement pursuant to this section.	100143

Sec. 5111.035. (A) As used in this section:

100144

(1) "Creditable allegation of fraud" has the same meaning as	100145
in 42 C.F.R. 455.2, except that for purposes of this section any	100146
reference in that regulation to the "state" or the "state medicaid	100147
agency" means the department of job and family services.	100148

(2) "Provider" has the same meaning as in section 5111.032 of	100149
the Revised Code.	100150

(3) "Owner" has the same meaning as in section 5111.031 of	100151
the Revised Code.	100152

(B)(1) Except as provided in division (C) of this section and	100153
in rules adopted by the department of job and family services	100154
under division (J) of this section, on determining there is a	100155
creditable allegation of fraud for which an investigation is	100156
pending under the medicaid program against a provider, the	100157
department shall suspend the provider agreement held by the	100158
provider. Subject to division (C) of this section, the department	100159
shall also terminate medicaid reimbursement to the provider for	100160
services rendered.	100161

(2)(a) The suspension shall continue in effect until either	100162
of the following is the case:	100163

(i) The department or a prosecuting authority determines that	100164
there is insufficient evidence of fraud by the provider;	100165

(ii) The proceedings in any related criminal case are	100166
completed through dismissal of the indictment or through	100167
conviction, entry of a guilty plea, or finding of not guilty.	100168

(b) If the department commences a process to terminate the	100169
suspended provider agreement, the suspension shall also continue	100170
in effect until the termination process is concluded.	100171

(3) Pursuant to section 5111.06 of the Revised Code, the	100172
department is not required to take action under division (B)(1) of	100173
this section by issuing an order pursuant to an adjudication in	100174
accordance with Chapter 119. of the Revised Code.	100175

(4) When subject to a suspension under this section, a	100176
provider, owner, officer, authorized agent, associate, manager, or	100177
employee shall not own or provide services to any other medicaid	100178
provider or risk contractor or arrange for, render, or order	100179
services to any other medicaid provider or risk contractor or	100180
arrange for, render, or order services for medicaid recipients	100181
during the period of suspension. During the period of suspension,	100182
the provider, owner, officer, authorized agent, associate,	100183
manager, or employee shall not receive reimbursement in the form	100184
of direct payments from the department or indirect payments of	100185
medicaid funds in the form of salary, shared fees, contracts,	100186
kickbacks, or rebates from or through any participating provider	100187
or risk contractor.	100188

(C) The department shall not suspend a provider agreement or	100189
terminate medicaid reimbursement under division (B) of this	100190
section if the provider or owner can demonstrate through the	100191
submission of written evidence that the provider or owner did not	100192
directly or indirectly sanction the action of its authorized	100193
agent, associate, manager, or employee that resulted in the	100194
creditable allegation of fraud.	100195

(D) The termination of medicaid reimbursement under division	100196
(B) of this section applies only to payments for medicaid services	100197
rendered subsequent to the date on which the notice required by	100198
division (E) of this section is sent. Claims for reimbursement of	100199
medicaid services rendered by the provider prior to the issuance	100200
of the notice may be subject to prepayment review procedures	100201
whereby the department reviews claims to determine whether they	100202
are supported by sufficient documentation, are in compliance with	100203
state and federal statutes and rules, and are otherwise complete.	100204

(E) After suspending a provider agreement under division (B)	100205
of this section, the department shall, as specified in 42 C.F.R.	100206
455.23(b), send notice of the suspension to the affected provider	100207
or owner in accordance with the following timeframes:	100208

(1) Not later than five days after the suspension, unless a	100209
law enforcement agency makes a written request to temporarily	100210
delay the notice;	100211

(2) If a law enforcement agency makes a written request to	100212
temporarily delay the notice, not later than thirty days after the	100213
suspension occurs subject to the conditions specified in division	100214
(F) of this section.	100215

(F) A written request for a temporary delay described in	100216
division (E)(2) of this section may be renewed in writing by a law	100217
enforcement agency not more than two times except that under no	100218
circumstances shall the notice be issued more than ninety days	100219
after the suspension occurs.	100220

(G) The notice required by division (E) of this section shall	100221
do all of the following:	100222

(1) State that payments are being suspended in accordance	100223
with this section and 42 C.F.R. 455.23;	100224

(2) Set forth the general allegations related to the nature	100225
of the conduct leading to the suspension, except that it is not	100226
necessary to disclose any specific information concerning an	100227
ongoing investigation;	100228

(3) State that the suspension continues to be in effect until	100229
either of the following is the case:	100230

(a) The department or a prosecuting authority determines that	100231
there is insufficient evidence of fraud by the provider;	100232

(b) The proceedings in any related criminal case are	100233
completed through dismissal of the indictment or through	100234
conviction, entry of a guilty plea, or finding of not guilty and,	100235
if the department commences a process to terminate the suspended	100236
provider agreement, until the termination process is concluded.	100237

(4) Specify, if applicable, the type or types of medicaid	100238
claims or business units of the provider that are affected by the	100239
suspension;	100240

(5) Inform the provider or owner of the opportunity to submit	100241
to the department, not later than thirty days after receiving the	100242
notice, a request for reconsideration of the suspension in	100243
accordance with division (H) of this section.	100244

(H)(1) Pursuant to the procedure specified in division (H)(2)	100245
of this section, a provider or owner subject to a suspension under	100246
this section may request a reconsideration of the suspension. The	100247
request shall be made not later than thirty days after receipt of	100248
a notice required by division (E) of this section. The	100249
reconsideration is not subject to an adjudication hearing pursuant	100250
to Chapter 119. of the Revised Code.	100251

(2) In requesting a reconsideration, the provider or owner	100252
shall submit written information and documents to the department.	100253
The information and documents may pertain to any of the following	100254
issues:	100255

(a) Whether the determination to suspend the provider	100256
agreement was based on a mistake of fact, other than the validity	100257
of an indictment in a related criminal case.	100258

(b) If there has been an indictment in a related criminal	100259
case, whether any offense charged in the indictment resulted from	100260
an offense specified in division (E) of section 5111.031 of the	100261
Revised Code.	100262

(c) Whether the provider or owner can demonstrate that the	100263
provider or owner did not directly or indirectly sanction the	100264
action of its authorized agent, associate, manager, or employee	100265
that resulted in the suspension under this section or an	100266
indictment in a related criminal case.	100267

(I) The department shall review the information and documents	100268
submitted in a request made under division (H) of this section for	100269
reconsideration of a suspension. After the review, the suspension	100270
may be affirmed, reversed, or modified, in whole or in part. The	100271
department shall notify the affected provider or owner of the	100272
results of the review. The review and notification of its results	100273
shall be completed not later than forty-five days after receiving	100274
the information and documents submitted in a request for	100275
reconsideration.	100276

(J) The department may adopt rules in accordance with Chapter	100277
119. of the Revised Code to implement this section. The rules may	100278
specify circumstances under which the department would not suspend	100279
a provider agreement pursuant to this section.	100280

Sec. 5111.051. The director of job and family services may	100281
submit a medicaid state plan amendment or request for a federal	100282
waiver to the United States secretary of health and human services	100283
as necessary to implement, at the director's discretion, a system	100284
under which payments for medical assistance provided under the	100285
medicaid program are made to an organization on behalf of the	100286
providers of the medical assistance. The system may not provide	100287
for an organization to receive an amount that exceeds, in	100288
aggregate, the amount the department would have paid directly to	100289
the providers if not for this section.	100290

Sec. 5111.052. (A) As used in this section, "electronic	100291
claims submission process" means any of the following:	100292

(1) Electronic interchange of data;

100293

(2) Direct entry of data through an internet-based mechanism	100294
implemented by the department of job and family services;	100295

(3) Any other process for the electronic submission of claims	100296
that is specified in rules adopted under this section.	100297

(B) Not later than January 1, 2013, and except as provided in	100298
division (C) of this section, each provider of services to	100299
medicaid recipients shall do both of the following:	100300

(1) Use only an electronic claims submission process to	100301
submit to the department of job and family services claims for	100302
medicaid reimbursement for services provided to medicaid	100303
recipients;	100304

(2) Arrange to receive medicaid reimbursement from the	100305
department by means of electronic funds transfer.	100306

(C) Division (B) of this section does not apply to any of the	100307
following:	100308

(1) A nursing facility, as defined in section 5111.20 of the	100309
Revised Code;	100310

(2) An intermediate care facility for the mentally retarded,	100311
as defined in section 5111.20 of the Revised Code;	100312

(3) A medicaid managed care organization under contract with	100313
the department pursuant to section 5111.17 of the Revised Code;	100314

(4) Any other provider or type of provider designated in	100315
rules adopted under this section.	100316

(D) The department shall not process a medicaid claim	100317
submitted on or after January 1, 2013, unless the claim is	100318
submitted through an electronic claims submission process in	100319
accordance with this section.	100320

(E) The director of job and family services may adopt rules	100321
in accordance with Chapter 119. of the Revised Code as the	100322
director considers necessary to implement this section.	100323

Sec. 5111.053. (A) As used in this section, "group practice"	100324
has the same meaning as in section 4731.65 of the Revised Code.	100325

(B) The department of job and family services shall establish	100326
a process by which a physician assistant may enter into a medicaid	100327
provider agreement.	100328

(C) Subject to division (D) of this section, a claim for	100329
reimbursement for a service provided by a physician assistant to a	100330
medicaid recipient may be submitted by either of the following:	100331

(1) The physician assistant who provided the service or	100332
another person the physician assistant designates to submit the	100333
claim on the physician assistant's behalf;	100334

(2) The physician, group practice, clinic, or other health	100335
care facility that employs or contracts with the physician	100336
assistant.	100337

(D) A claim for reimbursement may be submitted as described	100338
in division (C)(1) of this section only if the physician assistant	100339
has a valid medicaid provider agreement. When submitting the	100340
claim, the physician assistant or designated person shall use only	100341
the medicaid provider number the department has assigned to the	100342
physician assistant.	100343

Sec. 5111.06. (A)(1) As used in this section and in sections	100344
5111.061 and ~~5111.062~~5111.063 of the Revised Code:	100345

(a) "Provider" means any person, institution, or entity that	100346
furnishes medicaid services under a provider agreement with the	100347
department of job and family services pursuant to Title XIX of the	100348
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	100349
amended.	100350

(b) "Party" has the same meaning as in division (G) of	100351
section 119.01 of the Revised Code.	100352

(c) "Adjudication" has the same meaning as in division (D) of	100353
section 119.01 of the Revised Code.	100354

(2) This section does not apply to any action taken by the	100355
department of job and family services under sections 5111.35 to	100356
5111.62 of the Revised Code.	100357

(B) Except as provided in division (D) of this section and	100358
section 5111.914 of the Revised Code, the department shall do	100359
either of the following by issuing an order pursuant to an	100360
adjudication conducted in accordance with Chapter 119. of the	100361
Revised Code:	100362

(1) Enter into or refuse to enter into a provider agreement	100363
with a provider, or suspend, terminate, renew, or refuse to renew	100364
an existing provider agreement with a provider;	100365

(2) Take any action based upon a final fiscal audit of a	100366
provider.	100367

(C) Any party who is adversely affected by the issuance of an	100368
adjudication order under division (B) of this section may appeal	100369
to the court of common pleas of Franklin county in accordance with	100370
section 119.12 of the Revised Code.	100371

(D) The department is not required to comply with division	100372
(B)(1) of this section whenever any of the following occur:	100373

(1) The terms of a provider agreement require the provider to	100374
hold a license, permit, or certificate or maintain a certification	100375
issued by an official, board, commission, department, division,	100376
bureau, or other agency of state or federal government other than	100377
the department of job and family services, and the license,	100378
permit, certificate, or certification has been denied, revoked,	100379
not renewed, suspended, or otherwise limited.	100380

(2) The terms of a provider agreement require the provider to	100381
hold a license, permit, or certificate or maintain certification	100382
issued by an official, board, commission, department, division,	100383
bureau, or other agency of state or federal government other than	100384
the department of job and family services, and the provider has	100385
not obtained the license, permit, certificate, or certification.	100386

(3) The provider agreement is denied, terminated, or not	100387
renewed due to the termination, refusal to renew, or denial of a	100388
license, permit, certificate, or certification by an official,	100389
board, commission, department, division, bureau, or other agency	100390
of this state other than the department of job and family	100391
services, notwithstanding the fact that the provider may hold a	100392
license, permit, certificate, or certification from an official,	100393
board, commission, department, division, bureau, or other agency	100394
of another state.	100395

(4) The provider agreement is denied, terminated, or not	100396
renewed pursuant to division (C) or (F) of section 5111.03 of the	100397
Revised Code.	100398

(5) The provider agreement is denied, terminated, or not	100399
renewed due to the provider's termination, suspension, or	100400
exclusion from the medicare program established under Title XVIII	100401
of the "Social Security Act," or from another state's medicaid	100402
program and, in either case, the termination, suspension, or	100403
exclusion is binding on the provider's participation in the	100404
medicaid program in this state.	100405

(6) The provider agreement is denied, terminated, or not	100406
renewed due to the provider's pleading guilty to or being	100407
convicted of a criminal activity materially related to either the	100408
medicare or medicaid program.	100409

(7) The provider agreement is denied, terminated, or	100410
suspended as a result of action by the United States department of	100411
health and human services and that action is binding on the	100412
provider's participation in the medicaid program.	100413

(8) ~~The~~Pursuant to either section 5111.031 or 5111.035 of	100414
the Revised Code, the provider agreement is suspended ~~pursuant to~~	100415
~~section 5111.031 of the Revised Code~~and payments to the provider	100416
are suspended pending indictment of the provider.	100417

(9) The provider agreement is denied, terminated, or not	100418
renewed because the provider or its owner, officer, authorized	100419
agent, associate, manager, or employee has been convicted of one	100420
of the offenses that caused the provider agreement to be suspended	100421
pursuant to section 5111.031 of the Revised Code.	100422

(10) The provider agreement is converted under section	100423
5111.028 of the Revised Code from a provider agreement that is not	100424
time-limited to a provider agreement that is time-limited.	100425

(11) The provider agreement is terminated or an application	100426
for re-enrollment is denied because the provider has failed to	100427
apply for re-enrollment within the time or in the manner specified	100428
for re-enrollment pursuant to section 5111.028 of the Revised	100429
Code.	100430

(12) The provider agreement is suspended or terminated, or an	100431
application for enrollment or re-enrollment is denied, for any	100432
reason authorized or required by one or more of the following: 42	100433
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.	100434

(13) The provider agreement is terminated or not renewed	100435
because the provider has not billed or otherwise submitted a	100436
medicaid claim to the department for two years or longer.	100437

~~(13)~~(14) The provider agreement is denied, terminated, or not	100438
renewed because the provider fails to provide to the department	100439
the national provider identifier assigned the provider by the	100440
national provider system pursuant to 45 C.F.R. 162.408.	100441

In the case of a provider described in division (D)~~(12)~~(13)	100442
or ~~(13)~~(14) of this section, the department may take its proposed	100443
action against a provider agreement by sending a notice explaining	100444
the proposed action to the provider. The notice shall be sent to	100445
the provider's address on record with the department. The notice	100446
may be sent by regular mail.	100447

(E) The department may withhold payments for services	100448
rendered by a medicaid provider under the medicaid program during	100449
the pendency of proceedings initiated under division (B)(1) of	100450
this section. If the proceedings are initiated under division	100451
(B)(2) of this section, the department may withhold payments only	100452
to the extent that they equal amounts determined in a final fiscal	100453
audit as being due the state. This division does not apply if the	100454
department fails to comply with section 119.07 of the Revised	100455
Code, requests a continuance of the hearing, or does not issue a	100456
decision within thirty days after the hearing is completed. This	100457
division does not apply to nursing facilities and intermediate	100458
care facilities for the mentally retarded as defined in section	100459
5111.20 of the Revised Code.	100460

Sec. 5111.063. For the purpose of raising funds necessary to	100461
pay the expenses of implementing the provider screening	100462
requirements of subpart E of 42 C.F.R. Part 455, the department of	100463
job and family services shall charge an application fee to a	100464
provider seeking to enter into or renew a medicaid provider	100465
agreement, unless the provider is exempt from paying the	100466
application fee under 42 C.F.R. 455.460(a). The application fees	100467
shall be deposited into the health care services administration	100468
fund created under section 5111.94 of the Revised Code.	100469

The director of job and family services shall adopt rules in	100470
accordance with Chapter 119. of the Revised Code as necessary to	100471
implement this section, including a rule establishing the amount	100472
of the application fee that is charged under this section. The	100473
amount of the application fee shall not be set at an amount that	100474
is more than necessary to pay for the expenses of implementing the	100475
provider screening requirements.	100476

Sec. 5111.085. As used in this section, "federal upper	100477
reimbursement limit" means the limit established pursuant to	100478
section 1927(e) of the "Social Security Act," 104 Stat. 1388-151	100479
(1990), 42 U.S.C. 1396r-8(e), as amended.	100480

The medicaid payment for a drug that is subject to a federal	100481
upper reimbursement limit shall not exceed, in the aggregate, the	100482
federal upper reimbursement limit for the drug. The director of	100483
job and family services shall adopt rules under section 5111.02 of	100484
the Revised Code as necessary to implement this section.	100485

Sec. 5111.113. (A) As used in this section:

100486

(1) "Adult care facility" has the same meaning as in section	100487
~~3722.01~~5119.70 of the Revised Code.	100488

(2) "Commissioner" means a person appointed by a probate	100489
court under division (B) of section 2113.03 of the Revised Code to	100490
act as a commissioner.	100491

(3) "Home" has the same meaning as in section 3721.10 of the	100492
Revised Code.	100493

(4) "Personal needs allowance account" means an account or	100494
petty cash fund that holds the money of a resident of an adult	100495
care facility or home and that the facility or home manages for	100496
the resident.	100497

(B) Except as provided in divisions (C) and (D) of this	100498
section, the owner or operator of an adult care facility or home	100499
shall transfer to the department of job and family services the	100500
money in the personal needs allowance account of a resident of the	100501
facility or home who was a recipient of the medical assistance	100502
program no earlier than sixty days but not later than ninety days	100503
after the resident dies. The adult care facility or home shall	100504
transfer the money even though the owner or operator of the	100505
facility or home has not been issued letters testamentary or	100506
letters of administration concerning the resident's estate.	100507

(C) If funeral or burial expenses for a resident of an adult	100508
care facility or home who has died have not been paid and the only	100509
resource the resident had that could be used to pay for the	100510
expenses is the money in the resident's personal needs allowance	100511
account, or all other resources of the resident are inadequate to	100512
pay the full cost of the expenses, the money in the resident's	100513
personal needs allowance account shall be used to pay for the	100514
expenses rather than being transferred to the department of job	100515
and family services pursuant to division (B) of this section.	100516

(D) If, not later than sixty days after a resident of an	100517
adult care facility or home dies, letters testamentary or letters	100518
of administration are issued, or an application for release from	100519
administration is filed under section 2113.03 of the Revised Code,	100520
concerning the resident's estate, the owner or operator of the	100521
facility or home shall transfer the money in the resident's	100522
personal needs allowance account to the administrator, executor,	100523
commissioner, or person who filed the application for release from	100524
administration.	100525

(E) The transfer or use of money in a resident's personal	100526
needs allowance account in accordance with division (B), (C), or	100527
(D) of this section discharges and releases the adult care	100528
facility or home, and the owner or operator of the facility or	100529
home, from any claim for the money from any source.	100530

(F) If, sixty-one or more days after a resident of an adult	100531
care facility or home dies, letters testamentary or letters of	100532
administration are issued, or an application for release from	100533
administration under section 2113.03 of the Revised Code is filed,	100534
concerning the resident's estate, the department of job and family	100535
services shall transfer the funds to the administrator, executor,	100536
commissioner, or person who filed the application, unless the	100537
department is entitled to recover the money under the medicaid	100538
estate recovery program instituted under section 5111.11 of the	100539
Revised Code.	100540

Sec. 5111.13. (A) As used in this section, "cost-effective"	100541
and "group health plan" have the same meanings as in section 1906	100542
of the "Social Security Act," 49104 Stat. ~~620 (1935)~~1388-161	100543
(1990), 42 U.S.C.A. 1396e, as amended, and any regulations adopted	100544
under that section.	100545

(B) The department of job and family services~~, pursuant to~~	100546
~~guidelines issued by~~may submit a medicaid state plan amendment to	100547
the United States secretary of health and human services~~, shall~~	100548
~~identify cases in which enrollment of an individual otherwise~~	100549
~~eligible for medical assistance under this chapter in a group~~	100550
~~health plan in which the individual is eligible to enroll and~~	100551
~~payment of the individual's premiums, deductibles, coinsurance,~~	100552
~~and other cost-sharing expenses is cost effective.~~	100553

~~The department shall require, as a condition of eligibility~~	100554
~~for medical assistance, individuals identified under this~~	100555
~~division, or in the case of a child, the child's parent, to apply~~	100556
~~for enrollment in the group health plan, except that the failure~~	100557
~~of a parent to enroll self or the parent's child in a group health~~	100558
~~plan does not affect the child's eligibility under the medical~~	100559
~~assistance program.~~	100560

~~The department shall pay enrollee premiums and deductibles,~~	100561
~~coinsurance, and other cost-sharing obligations for services and~~	100562
~~items otherwise covered under the medical assistance program. The~~	100563
~~department shall treat coverage under the group health plan in the~~	100564
~~same manner as any other third-party liability under the program.~~	100565
~~If not all members of a family are eligible for medical assistance~~	100566
~~and enrollment of the eligible members in a group health plan is~~	100567
~~not possible without also enrolling the members who are ineligible~~	100568
~~for medical assistance, the department shall pay the premiums for~~	100569
~~the ineligible members if the payments are cost effective. The~~	100570
~~department shall not pay deductibles, coinsurance, or other~~	100571
~~cost-sharing obligations of enrolled members who are not eligible~~	100572
~~for medical assistance.~~	100573

~~The department may make payments under this section to~~	100574
~~employers, insurers, or other entities. The department may make~~	100575
~~the payments without entering into a contract with employers,~~	100576
~~insurers, or other entities.~~	100577

~~(C) To the extent permitted by federal law and regulations,~~	100578
~~the department of job and family services shall coordinate the~~	100579
~~medical assistance program with group health plans in such a~~	100580
~~manner that the medical assistance program serves as a supplement~~	100581
~~to the group health plans. In its coordination efforts, the~~	100582
~~department shall consider cost-effectiveness and quality of care.~~	100583
~~The department may enter into agreements with group health plans~~	100584
~~as necessary to implement this division~~for the purpose of	100585
implementing a program pursuant to section 1906 of the "Social	100586
Security Act," 104 Stat. 1388-161 (1990), 42 U.S.C. 1396e, as	100587
amended, for the enrollment of medicaid-eligible individuals in	100588
group health plans when the department determines that enrollment	100589
is cost-effective.	100590

~~(D)~~(C) The director of job and family services ~~shall~~may	100591
adopt rules in accordance with Chapter 119. of the Revised Code as	100592
necessary to implement this section.	100593

Sec. 5111.14. The director of job and family services may	100594
submit to the United States secretary of health and human services	100595
an amendment to the medicaid state plan in order to implement	100596
within the medicaid program a system under which medicaid	100597
recipients with chronic conditions are provided with coordinated	100598
care through health homes, as authorized by section 1945 of the	100599
"Social Security Act," 124 Stat. 319 (2010), 42 U.S.C. 1396w-4.	100600

The director may adopt rules under section 5111.02 of the	100601
Revised Code to implement this section.	100602

~~Sec. 5111.14.~~ Sec. 5111.141. The department of job and family	100603
services may require county departments of job and family services	100604
to provide case management of nonemergency transportation services	100605
provided under the medical assistance program. County departments	100606
shall provide the case management if required by the department in	100607
accordance with rules adopted by the director of job and family	100608
services.	100609

The department shall determine, for the purposes of claiming	100610
federal reimbursement under the medical assistance program,	100611
whether it will claim expenditures for nonemergency transportation	100612
services as administrative or program expenditures.	100613

Sec. 5111.151. (A)(1) This section applies only to either of	100614
the following:	100615

(a) Initial eligibility determinations for ~~all cases~~	100616
~~involving medicaid provided pursuant to this chapter, qualified~~	100617
~~medicare beneficiaries, specified low-income medicare~~	100618
~~beneficiaries, qualifying individuals-1, qualifying individuals-2,~~	100619
~~and medical assistance for covered families and children~~the	100620
medicaid program made by the department of job and family services	100621
pursuant to section 5101.47 of the Revised Code or by a county	100622
department of job and family services pursuant to section 5111.012	100623
of the Revised Code;	100624

(b) An appeal from a determination described in division	100625
(A)(1)(a) of this section pursuant to section 5101.35 of the	100626
Revised Code.	100627

(2)(a) Except as provided in division (A)(2)(b) of this	100628
section, this section shall not be used by a court to determine	100629
the effect of a trust on an individual's initial eligibility for	100630
the medicaid program.	100631

(b) The prohibition in division (A)(2)(a) of this section	100632
does not apply to an appeal described in division (A)(1)(b) of	100633
this section.	100634

(B) As used in this section:

100635

(1) "Trust" means any arrangement in which a grantor	100636
transfers real or personal property to a trust with the intention	100637
that it be held, managed, or administered by at least one trustee	100638
for the benefit of the grantor or beneficiaries. "Trust" includes	100639
any legal instrument or device similar to a trust.	100640

(2) "Legal instrument or device similar to a trust" includes,	100641
but is not limited to, escrow accounts, investment accounts,	100642
partnerships, contracts, and other similar arrangements that are	100643
not called trusts under state law but are similar to a trust and	100644
to which all of the following apply:	100645

(a) The property in the trust is held, managed, retained, or	100646
administered by a trustee.	100647

(b) The trustee has an equitable, legal, or fiduciary duty to	100648
hold, manage, retain, or administer the property for the benefit	100649
of the beneficiary.	100650

(c) The trustee holds identifiable property for the	100651
beneficiary.	100652

(3) "Grantor" is a person who creates a trust, including all	100653
of the following:	100654

(a) An individual;

100655

(b) An individual's spouse;

100656

(c) A person, including a court or administrative body, with	100657
legal authority to act in place of or on behalf of an individual	100658
or an individual's spouse;	100659

(d) A person, including a court or administrative body, that	100660
acts at the direction or on request of an individual or the	100661
individual's spouse.	100662

(4) "Beneficiary" is a person or persons, including a	100663
grantor, who benefits in some way from a trust.	100664

(5) "Trustee" is a person who manages a trust's principal and	100665
income for the benefit of the beneficiaries.	100666

(6) "Person" has the same meaning as in section 1.59 of the	100667
Revised Code and includes an individual, corporation, business	100668
trust, estate, trust, partnership, and association.	100669

(7) "Applicant" is an individual who applies for medicaid or	100670
the individual's spouse.	100671

(8) "Recipient" is an individual who receives medicaid or the	100672
individual's spouse.	100673

(9) "Revocable trust" is a trust that can be revoked by the	100674
grantor or the beneficiary, including all of the following, even	100675
if the terms of the trust state that it is irrevocable:	100676

(a) A trust that provides that the trust can be terminated	100677
only by a court;	100678

(b) A trust that terminates on the happening of an event, but	100679
only if the event occurs at the direction or control of the	100680
grantor, beneficiary, or trustee.	100681

(10) "Irrevocable trust" is a trust that cannot be revoked by	100682
the grantor or terminated by a court and that terminates only on	100683
the occurrence of an event outside of the control or direction of	100684
the beneficiary or grantor.	100685

(11) "Payment" is any disbursal from the principal or income	100686
of the trust, including actual cash, noncash or property	100687
disbursements, or the right to use and occupy real property.	100688

(12) "Payments to or for the benefit of the applicant or	100689
recipient" is a payment to any person resulting in a direct or	100690
indirect benefit to the applicant or recipient.	100691

(13) "Testamentary trust" is a trust that is established by a	100692
will and does not take effect until after the death of the person	100693
who created the trust.	100694

(C)(1) If an applicant or recipient is a beneficiary of a	100695
trust, the county department of job and family services shall	100696
determine what type of trust it is and shall treat the trust in	100697
accordance with the appropriate provisions of this section and	100698
rules adopted by the department of job and family services	100699
governing trusts. The county department of job and family services	100700
may determine that the trust or portion of the trust ~~is one of the~~	100701
~~following~~:	100702

~~(1) A countable~~(a) Is a resource available to the applicant	100703
or recipient;	100704

~~(2) Countable~~(b) Contains income available to the applicant	100705
or recipient;	100706

~~(3) A countable resource and countable income~~(c) Constitutes	100707
both items described in divisions (C)(1)(a) and (b) of this	100708
section;	100709

~~(4) Not a countable resource or countable income~~(d) Is	100710
neither an item described in division (C)(1)(a) nor (C)(1)(b) of	100711
this section.	100712

(2) Except as provided in division (F) of this section, a	100713
trust or portion of a trust that is a resource available to the	100714
applicant or recipient or contains income available to the	100715
applicant or recipient shall be counted for purposes of	100716
determining medicaid eligibility.	100717

(D)(1) A trust or legal instrument or device similar to a	100718
trust shall be considered a medicaid qualifying trust if all of	100719
the following apply:	100720

(a) The trust was established on or prior to August 10, 1993.

100721

(b) The trust was not established by a will.

100722

100723

(d) The applicant or recipient is or may become the	100724
beneficiary of all or part of the trust.	100725

(e) Payment from the trust is determined by one or more	100726
trustees who are permitted to exercise any discretion with respect	100727
to the distribution to the applicant or recipient.	100728

(2) If a trust meets the requirement of division (D)(1) of	100729
this section, the amount of the trust that is considered by the	100730
county department of job and family services ~~as an available~~to be	100731
a resource available to the applicant or recipient shall be the	100732
maximum amount of payments permitted under the terms of the trust	100733
to be distributed to the applicant or recipient, assuming the full	100734
exercise of discretion by the trustee or trustees. The maximum	100735
amount shall include only amounts that are permitted to be	100736
distributed but are not distributed from either the income or	100737
principal of the trust.	100738

(3) Amounts that are actually distributed from a medicaid	100739
qualifying trust to a beneficiary for any purpose shall be treated	100740
in accordance with rules adopted by the department of job and	100741
family services governing income.	100742

(4) Availability of a medicaid qualifying trust shall be	100743
considered without regard to any of the following:	100744

(a) Whether or not the trust is irrevocable or was	100745
established for purposes other than to enable a grantor to qualify	100746
for medicaid, medical assistance for covered families and	100747
children, or as a qualified medicare beneficiary, specified	100748
low-income medicare beneficiary, qualifying individual-1, or	100749
qualifying individual-2;	100750

(b) Whether or not the trustee actually exercises discretion.

100751

(5) If any real or personal property is transferred to a	100752
medicaid qualifying trust that is not distributable to the	100753
applicant or recipient, the transfer shall be considered an	100754
improper disposition of assets and shall be subject to section	100755
5111.0116 of the Revised Code and rules to implement that section	100756
adopted under section 5111.011 of the Revised Code.	100757

(6) The baseline date for the look-back period for	100758
disposition of assets involving a medicaid qualifying trust shall	100759
be the date on which the applicant or recipient is both	100760
institutionalized and first applies for medicaid.	100761

(E)(1) A trust or legal instrument or device similar to a	100762
trust shall be considered a self-settled trust if all of the	100763
following apply:	100764

(a) The trust was established on or after August 11, 1993.

100765

(b) The trust was not established by a will.

100766

(c) The trust was established by an applicant or recipient,	100767
spouse of an applicant or recipient, or a person, including a	100768
court or administrative body, with legal authority to act in place	100769
of or on behalf of an applicant, recipient, or spouse, or acting	100770
at the direction or on request of an applicant, recipient, or	100771
spouse.	100772

(2) A trust that meets the requirements of division (E)(1) of	100773
this section and is a revocable trust shall be treated by the	100774
county department of job and family services as follows:	100775

(a) The corpus of the trust shall be considered a resource	100776
available to the applicant or recipient.	100777

(b) Payments from the trust to or for the benefit of the	100778
applicant or recipient shall be considered unearned income of the	100779
applicant or recipient.	100780

(c) Any other payments from the trust shall be considered an	100781
improper disposition of assets and shall be subject to section	100782
5111.0116 of the Revised Code and rules to implement that section	100783
adopted under section 5111.011 of the Revised Code.	100784

(3) A trust that meets the requirements of division (E)(1) of	100785
this section and is an irrevocable trust shall be treated by the	100786
county department of job and family services as follows:	100787

(a) If there are any circumstances under which payment from	100788
the trust could be made to or for the benefit of the applicant or	100789
recipient, including a payment that can be made only in the	100790
future, the portion from which payments could be made shall be	100791
considered a resource available to the applicant or recipient. The	100792
county department of job and family services shall not take into	100793
account when payments can be made.	100794

(b) Any payment that is actually made to or for the benefit	100795
of the applicant or recipient from either the corpus or income	100796
shall be considered unearned income.	100797

(c) If a payment is made to someone other than to the	100798
applicant or recipient and the payment is not for the benefit of	100799
the applicant or recipient, the payment shall be considered an	100800
improper disposition of assets and shall be subject to section	100801
5111.0116 of the Revised Code and rules to implement that section	100802
adopted under section 5111.011 of the Revised Code.	100803

(d) The date of the disposition shall be the later of the	100804
date of establishment of the trust or the date of the occurrence	100805
of the event.	100806

(e) When determining the value of the disposed asset under	100807
this provision, the value of the trust shall be its value on the	100808
date payment to the applicant or recipient was foreclosed.	100809

(f) Any income earned or other resources added subsequent to	100810
the foreclosure date shall be added to the total value of the	100811
trust.	100812

(g) Any payments to or for the benefit of the applicant or	100813
recipient after the foreclosure date but prior to the application	100814
date shall be subtracted from the total value. Any other payments	100815
shall not be subtracted from the value.	100816

(h) Any addition of assets after the foreclosure date shall	100817
be considered a separate disposition.	100818

(4) If a trust is funded with assets of another person or	100819
persons in addition to assets of the applicant or recipient, the	100820
applicable provisions of this section and rules adopted by the	100821
department of job and family services governing trusts shall apply	100822
only to the portion of the trust attributable to the applicant or	100823
recipient.	100824

(5) The availability of a self-settled trust shall be	100825
considered without regard to any of the following:	100826

(a) The purpose for which the trust is established;

100827

(b) Whether the trustees have exercised or may exercise	100828
discretion under the trust;	100829

(c) Any restrictions on when or whether distributions may be	100830
made from the trust;	100831

(d) Any restrictions on the use of distributions from the	100832
trust.	100833

(6) The baseline date for the look-back period for	100834
dispositions of assets involving a self-settled trust shall be the	100835
date on which the applicant or recipient is both institutionalized	100836
and first applies for medicaid.	100837

(F) The principal or income from any of the following shall	100838
~~be exempt from being counted as~~not be a resource ~~by a county~~	100839
~~department of job and family services~~available to the applicant	100840
or recipient:	100841

(1)(a) A special needs trust that meets all of the following	100842
requirements:	100843

(i) The trust contains assets of an applicant or recipient	100844
under sixty-five years of age and may contain the assets of other	100845
individuals.	100846

(ii) The applicant or recipient is disabled as defined in	100847
rules adopted by the department of job and family services.	100848

(iii) The trust is established for the benefit of the	100849
applicant or recipient by a parent, grandparent, legal guardian,	100850
or a court.	100851

(iv) The trust requires that on the death of the applicant or	100852
recipient the state will receive all amounts remaining in the	100853
trust up to an amount equal to the total amount of medicaid paid	100854
on behalf of the applicant or recipient.	100855

(b) If a special needs trust meets the requirements of	100856
division (F)(1)(a) of this section and has been established for a	100857
disabled applicant or recipient under sixty-five years of age, the	100858
exemption for the trust granted pursuant to division (F) of this	100859
section shall continue after the disabled applicant or recipient	100860
becomes sixty-five years of age if the applicant or recipient	100861
continues to be disabled as defined in rules adopted by the	100862
department of job and family services. Except for income earned by	100863
the trust, the grantor shall not add to or otherwise augment the	100864
trust after the applicant or recipient attains sixty-five years of	100865
age. An addition or augmentation of the trust by the applicant or	100866
recipient with the applicant's own assets after the applicant or	100867
recipient attains sixty-five years of age shall be treated as an	100868
improper disposition of assets.	100869

(c) Cash distributions to the applicant or recipient shall be	100870
counted as unearned income. All other distributions from the trust	100871
shall be treated as provided in rules adopted by the department of	100872
job and family services governing in-kind income.	100873

(d) Transfers of assets to a special needs trust shall not be	100874
treated as an improper transfer of resources. ~~Assets~~An Asset held	100875
prior to the transfer to the trust shall be considered as	100876
~~countable assets or countable~~a resource available to the	100877
applicant or recipient, income available to the applicant or	100878
recipient, or ~~countable assets~~both a resource and income	100879
available to the individual.	100880

(2)(a) A qualifying income trust that meets all of the	100881
following requirements:	100882

(i) The trust is composed only of pension, social security,	100883
and other income to the applicant or recipient, including	100884
accumulated interest in the trust.	100885

(ii) The income is received by the individual and the right	100886
to receive the income is not assigned or transferred to the trust.	100887

(iii) The trust requires that on the death of the applicant	100888
or recipient the state will receive all amounts remaining in the	100889
trust up to an amount equal to the total amount of medicaid paid	100890
on behalf of the applicant or recipient.	100891

(b) No resources shall be used to establish or augment the	100892
trust.	100893

(c) If an applicant or recipient has irrevocably transferred	100894
or assigned the applicant's or recipient's right to receive income	100895
to the trust, the trust shall not be considered a qualifying	100896
income trust by the county department of job and family services.	100897

(d) Income placed in a qualifying income trust shall not be	100898
counted in determining an applicant's or recipient's eligibility	100899
for medicaid. The recipient of the funds may place any income	100900
directly into a qualifying income trust without those funds	100901
adversely affecting the applicant's or recipient's eligibility for	100902
medicaid. Income generated by the trust that remains in the trust	100903
shall not be considered as income to the applicant or recipient.	100904

(e) All income placed in a qualifying income trust shall be	100905
combined with any ~~countable~~ income available to the individual	100906
that is not placed in the trust to arrive at a base income figure	100907
to be used for spend down calculations.	100908

(f) The base income figure shall be used for post-eligibility	100909
deductions, including personal needs allowance, monthly income	100910
allowance, family allowance, and medical expenses not subject to	100911
third party payment. Any income remaining shall be used toward	100912
payment of patient liability. Payments made from a qualifying	100913
income trust shall not be combined with the base income figure for	100914
post-eligibility calculations.	100915

(g) The base income figure shall be used when determining the	100916
spend down budget for the applicant or recipient. Any income	100917
remaining after allowable deductions are permitted as provided	100918
under rules adopted by the department of job and family services	100919
shall be considered the applicant's or recipient's spend down	100920
liability.	100921

(3)(a) A pooled trust that meets all of the following	100922
requirements:	100923

(i) The trust contains the assets of the applicant or	100924
recipient ~~of any~~under sixty-five years of age who is disabled as	100925
defined in rules adopted by the department of job and family	100926
services.	100927

(ii) The trust is established and managed by a nonprofit	100928
association.	100929

(iii) A separate account is maintained for each beneficiary	100930
of the trust but, for purposes of investment and management of	100931
funds, the trust pools the funds in these accounts.	100932

(iv) Accounts in the trust are established by the applicant	100933
or recipient, the applicant's or recipient's parent, grandparent,	100934
or legal guardian, or a court solely for the benefit of	100935
individuals who are disabled.	100936

(v) The trust requires that, to the extent that any amounts	100937
remaining in the beneficiary's account on the death of the	100938
beneficiary are not retained by the trust, the trust pay to the	100939
state the amounts remaining in the trust up to an amount equal to	100940
the total amount of medicaid paid on behalf of the beneficiary.	100941

(b) Cash distributions to the applicant or recipient shall be	100942
counted as unearned income. All other distributions from the trust	100943
shall be treated as provided in rules adopted by the department of	100944
job and family services governing in-kind income.	100945

(c) Transfers of assets to a pooled trust shall not be	100946
treated as an improper disposition of assets. ~~Assets~~An asset held	100947
prior to the transfer to the trust shall be considered as	100948
~~countable assets, countable~~a resource available to the applicant	100949
or recipient, income available to the applicant or recipient, or	100950
~~countable assets~~both a resource and income available to the	100951
applicant or recipient.	100952

(4) A supplemental services trust that meets the requirements	100953
of section 5815.28 of the Revised Code and to which all of the	100954
following apply:	100955

(a) A person may establish a supplemental services trust	100956
pursuant to section 5815.28 of the Revised Code only for another	100957
person who is eligible to receive services through one of the	100958
following agencies:	100959

(i) The department of developmental disabilities;

100960

(ii) A county board of developmental disabilities;

100961

(iii) The department of mental health;

100962

(iv) A board of alcohol, drug addiction, and mental health	100963
services.	100964

(b) A county department of job and family services shall not	100965
determine eligibility for another agency's program. An applicant	100966
or recipient shall do one of the following:	100967

(i) Provide documentation from one of the agencies listed in	100968
division (F)(4)(a) of this section that establishes that the	100969
applicant or recipient was determined to be eligible for services	100970
from the agency at the time of the creation of the trust;	100971

(ii) Provide an order from a court of competent jurisdiction	100972
that states that the applicant or recipient was eligible for	100973
services from one of the agencies listed in division (F)(4)(a) of	100974
this section at the time of the creation of the trust.	100975

(c) At the time the trust is created, the trust principal	100976
does not exceed the maximum amount permitted. The maximum amount	100977
permitted in calendar year 2006 is two hundred twenty-two thousand	100978
dollars. Each year thereafter, the maximum amount permitted is the	100979
prior year's amount plus two thousand dollars.	100980

(d) A county department of job and family services shall	100981
review the trust to determine whether it complies with the	100982
provisions of section 5815.28 of the Revised Code.	100983

(e) Payments from supplemental services trusts shall be	100984
exempt as long as the payments are for supplemental services as	100985
defined in rules adopted by the department of job and family	100986
services. All supplemental services shall be purchased by the	100987
trustee and shall not be purchased through direct cash payments to	100988
the beneficiary.	100989

(f) If a trust is represented as a supplemental services	100990
trust and a county department of job and family services	100991
determines that the trust does not meet the requirements provided	100992
in division (F)(4) of this section and section 5815.28 of the	100993
Revised Code, the county department of job and family services	100994
shall not consider it an exempt trust.	100995

(G)(1) A trust or legal instrument or device similar to a	100996
trust shall be considered a trust established by an individual for	100997
the benefit of the applicant or recipient if all of the following	100998
apply:	100999

(a) The trust is created by a person other than the applicant	101000
or recipient.	101001

(b) The trust names the applicant or recipient as a	101002
beneficiary.	101003

(c) The trust is funded with assets or property in which the	101004
applicant or recipient has never held an ownership interest prior	101005
to the establishment of the trust.	101006

(2) Any portion of a trust that meets the requirements of	101007
division (G)(1) of this section shall be ~~an available~~a resource	101008
available to the applicant or recipient only if the trust permits	101009
the trustee to expend principal, corpus, or assets of the trust	101010
for the applicant's or recipient's medical care, care, comfort,	101011
maintenance, health, welfare, general well being, or any	101012
combination of these purposes.	101013

(3) A trust that meets the requirements of division (G)(1) of	101014
this section shall be considered ~~an available~~a resource available	101015
to the applicant or recipient even if the trust contains any of	101016
the following types of provisions:	101017

(a) A provision that prohibits the trustee from making	101018
payments that would supplant or replace medicaid or other public	101019
assistance;	101020

(b) A provision that prohibits the trustee from making	101021
payments that would impact or have an effect on the applicant's or	101022
recipient's right, ability, or opportunity to receive medicaid or	101023
other public assistance;	101024

(c) A provision that attempts to prevent the trust or its	101025
corpus or principal from being ~~counted as an available~~a resource	101026
available to the applicant or recipient.	101027

(4) A trust that meets the requirements of division (G)(1) of	101028
this section shall not be counted as ~~an available~~a resource	101029
available to the applicant or recipient if at least one of the	101030
following circumstances applies:	101031

(a) If a trust contains a clear statement requiring the	101032
trustee to preserve a portion of the trust for another beneficiary	101033
or remainderman, that portion of the trust shall not be counted as	101034
~~an available~~a resource available to the applicant or recipient.	101035
Terms of a trust that grant discretion to preserve a portion of	101036
the trust shall not qualify as a clear statement requiring the	101037
trustee to preserve a portion of the trust.	101038

(b) If a trust contains a clear statement requiring the	101039
trustee to use a portion of the trust for a purpose other than	101040
medical care, care, comfort, maintenance, welfare, or general well	101041
being of the applicant or recipient, that portion of the trust	101042
shall not be counted as ~~an available~~a resource available to the	101043
applicant or recipient. Terms of a trust that grant discretion to	101044
limit the use of a portion of the trust shall not qualify as a	101045
clear statement requiring the trustee to use a portion of the	101046
trust for a particular purpose.	101047

(c) If a trust contains a clear statement limiting the	101048
trustee to making fixed periodic payments, the trust shall not be	101049
counted as ~~an available~~a resource available to the applicant or	101050
recipient and payments shall be treated in accordance with rules	101051
adopted by the department of job and family services governing	101052
income. Terms of a trust that grant discretion to limit payments	101053
shall not qualify as a clear statement requiring the trustee to	101054
make fixed periodic payments.	101055

(d) If a trust contains a clear statement that requires the	101056
trustee to terminate the trust if it is counted as ~~an available~~a	101057
resource available to the applicant or recipient, the trust shall	101058
not be counted as ~~an available resource~~such. Terms of a trust	101059
that grant discretion to terminate the trust do not qualify as a	101060
clear statement requiring the trustee to terminate the trust.	101061

(e) If a person obtains a judgment from a court of competent	101062
jurisdiction that expressly prevents the trustee from using part	101063
or all of the trust for the medical care, care, comfort,	101064
maintenance, welfare, or general well being of the applicant or	101065
recipient, the trust or that portion of the trust subject to the	101066
court order shall not be counted as a resource available to the	101067
applicant or recipient.	101068

(f) If a trust is specifically exempt from being counted as	101069
~~an available~~a resource available to the applicant or recipient by	101070
a provision of the Revised Code, rules, or federal law, the trust	101071
shall not be counted as ~~a resource~~such.	101072

(g) If an applicant or recipient presents a final judgment	101073
from a court demonstrating that the applicant or recipient was	101074
unsuccessful in a civil action against the trustee to compel	101075
payments from the trust, the trust shall not be counted as an	101076
~~available~~a resource available to the applicant or recipient.	101077

(h) If an applicant or recipient presents a final judgment	101078
from a court demonstrating that in a civil action against the	101079
trustee the applicant or recipient was only able to compel limited	101080
or periodic payments, the trust shall not be counted as an	101081
~~available~~a resource available to the applicant or recipient and	101082
payments shall be treated in accordance with rules adopted by the	101083
department of job and family services governing income.	101084

(i) If an applicant or recipient provides written	101085
documentation showing that the cost of a civil action brought to	101086
compel payments from the trust would be cost prohibitive, the	101087
trust shall not be counted as ~~an available~~a resource available to	101088
the applicant or recipient.	101089

(5) Any actual payments to the applicant or recipient from a	101090
trust that meet the requirements of division (G)(1) of this	101091
section, including trusts that are not counted as ~~an available~~a	101092
resource available to the applicant or recipient, shall be treated	101093
as provided in rules adopted by the department of job and family	101094
services governing income. Payments to any person other than the	101095
applicant or recipient shall not be considered income to the	101096
applicant or recipient. Payments from the trust to a person other	101097
than the applicant or recipient shall not be considered an	101098
improper disposition of assets.	101099

Sec. 5111.16. (A) As part of the medicaid program, the	101100
department of job and family services shall establish a care	101101
management system. The department shall submit, if necessary,	101102
applications to the United States department of health and human	101103
services for waivers of federal medicaid requirements that would	101104
otherwise be violated in the implementation of the system.	101105

(B) The department shall implement the care management system	101106
in some or all counties and shall designate the medicaid	101107
recipients who are required or permitted to participate in the	101108
system. In the department's implementation of the system and	101109
designation of participants, all of the following apply:	101110

(1) In the case of individuals who receive medicaid on the	101111
basis of being included in the category identified by the	101112
department as covered families and children, the department shall	101113
implement the care management system in all counties. All	101114
individuals included in the category shall be designated for	101115
participation, except for individuals included in one or more of	101116
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).	101117
The department shall ensure that all participants are enrolled in	101118
health insuring corporations under contract with the department	101119
pursuant to section 5111.17 of the Revised Code.	101120

(2) In the case of individuals who receive medicaid on the	101121
basis of being aged, blind, or disabled, as specified in division	101122
(A)(2) of section 5111.01 of the Revised Code, the department	101123
shall implement the care management system in all counties. ~~All~~	101124
Except as provided in division (C) of this section, all	101125
individuals included in the category shall be designated for	101126
participation~~, except for the individuals specified in divisions~~	101127
~~(B)(2)(a) to (e) of this section~~. The department shall ensure that	101128
all participants are enrolled in health insuring corporations	101129
under contract with the department pursuant to section 5111.17 of	101130
the Revised Code.	101131

In(3) Alcohol, drug addiction, and mental health services	101132
covered by medicaid shall not be included in any component of the	101133
care management system when the nonfederal share of the cost of	101134
those services is provided by a board of alcohol, drug addiction,	101135
and mental health services or a state agency other than the	101136
department of job and family services, but the recipients of those	101137
services may otherwise be designated for participation in the	101138
system.	101139

(C)(1) In designating participants who receive medicaid on	101140
the basis of being aged, blind, or disabled, the department shall	101141
not include any of the following, except as provided under	101142
division (C)(2) of this section:	101143

(a) Individuals who are under twenty-one years of age;

101144

(b) Individuals who are institutionalized;

101145

(c) Individuals who become eligible for medicaid by spending	101146
down their income or resources to a level that meets the medicaid	101147
program's financial eligibility requirements;	101148

(d) Individuals who are dually eligible under the medicaid	101149
program and the medicare program established under Title XVIII of	101150
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	101151
amended;	101152

(e) Individuals to the extent that they are receiving	101153
medicaid services through a medicaid waiver component, as defined	101154
in section 5111.85 of the Revised Code.	101155

~~(3) Alcohol, drug addiction, and mental health services~~	101156
~~covered by medicaid shall not be included in any component of the~~	101157
~~care management system when the nonfederal share of the cost of~~	101158
~~those services is provided by a board of alcohol, drug addiction,~~	101159
~~and mental health services or a state agency other than the~~	101160
~~department of job and family services, but the recipients of those~~	101161
~~services may otherwise be designated for participation in the~~	101162
~~system.~~	101163

~~(C)~~(2) If any necessary waiver of federal medicaid	101164
requirements is granted, the department may designate any of the	101165
following individuals who receive medicaid on the basis of being	101166
aged, blind, or disabled as individuals who are permitted or	101167
required to participate in the care management system:	101168

(a) Individuals who are under twenty-one years of age;

101169

(b) Individuals who reside in a nursing facility, as defined	101170
in section 5111.20 of the Revised Code;	101171

(c) Individuals who, as an alternative to receiving nursing	101172
facility services, are participating in a home and community-based	101173
services medicaid waiver component, as defined in section 5111.85	101174
of the Revised Code;	101175

(d) Individuals who are dually eligible under the medicaid	101176
program and the medicare program.	101177

(D) Subject to division (B) of this section, the department	101178
may do both of the following under the care management system:	101179

(1) Require or permit participants in the system to obtain	101180
health care services from providers designated by the department;	101181

(2) Require or permit participants in the system to obtain	101182
health care services through managed care organizations under	101183
contract with the department pursuant to section 5111.17 of the	101184
Revised Code.	101185

~~(D)~~(E)(1) The department shall prepare an annual report on	101186
the care management system. The report shall address the	101187
department's ability to implement the system, including all of the	101188
following components:	101189

(a) The required designation of participants included in the	101190
category identified by the department as covered families and	101191
children;	101192

(b) The required designation of participants included in the	101193
aged, blind, or disabled category of medicaid recipients;	101194

101195

(2) The department shall submit each annual report to the	101196
general assembly. The first report shall be submitted not later	101197
than October 1, 2007.	101198

~~(E)~~(F) The director of job and family services may adopt	101199
rules in accordance with Chapter 119. of the Revised Code to	101200
implement this section.	101201

Sec. 5111.161. (A) As used in this section:

101202

(1) "Children's care network" means all of the following:

101203

(a) A children's hospital;

101204

(b) A group of children's hospitals;

101205

(c) A group of pediatric physicians affiliated with a	101206
children's hospital or group of children's hospitals.	101207

(2) "Children's hospital" has the same meaning as in section	101208
2151.86 of the Revised Code.	101209

(B) This section applies if the department of job and family	101210
services includes in the care management system, pursuant to	101211
section 5111.16 of the Revised Code, individuals under twenty-one	101212
years of age included in the category of individuals who receive	101213
medicaid on the basis of being in the category of aged, blind, or	101214
disabled medicaid recipients, as specified in division (A)(2) of	101215
section 5111.01 of the Revised Code.	101216

(C) In order to meet the complex medical and behavioral needs	101217
of disabled children through new approaches to care coordination,	101218
and for the purpose of developing a system for the provision of	101219
care management services to the individuals specified in division	101220
(B) of this section, the department shall do both of the	101221
following:	101222

(1) Enter into a contract with a children's care network to	101223
serve as a pediatric accountable care organization in accordance	101224
with division (D) of this section;	101225

(2) Require that a managed care organization under contract	101226
with the department pursuant to section 5111.17 of the Revised	101227
Code enter into a subcontract with a children's care network to	101228
provide the care coordination services and to provide care	101229
management services if the network provides notification to the	101230
department in accordance with division (E) of this section. The	101231
organization shall ensure that contracts entered into are	101232
sufficient to provide the services in all counties served by the	101233
organization.	101234

(D) On determining that a children's care network seeking a	101235
contract to serve as a pediatric accountable care organization	101236
meets the criteria established in rules adopted under this	101237
section, the department shall contract directly with the	101238
children's care network to serve in that capacity. The	101239
department's determination of whether to enter into a contract	101240
with the children's care network shall be based on evidence or	101241
other documentation submitted by the children's care network, as	101242
required by the department in rules adopted under this section.	101243

A children's care network that is denied a contract may seek	101244
another contract to serve as a pediatric accountable care	101245
organization, but not earlier than six months after the most	101246
recent contract denial.	101247

(E) A children's care network seeking a subcontract with a	101248
managed care organization shall notify the department of its	101249
intention to provide the care coordination services or to provide	101250
care management services. The children's care network shall	101251
include in the notification an identification of the counties in	101252
which the network seeks to provide services. The children's care	101253
network may not identify any county as a county in which the	101254
network seeks to provide the services if the network is not	101255
located in that county.	101256

(F) The department shall adopt rules as necessary to	101257
implement this section. The rules shall be adopted in accordance	101258
with Chapter 119. of the Revised Code. In adopting the rules, the	101259
department shall specify the following:	101260

(1) The minimum criteria that a children's care network must	101261
meet to qualify for a contract with the department to serve as a	101262
pediatric accountable care organization, including criteria that	101263
incorporates the minimum criteria established by federal law	101264
regarding pediatric accountable care organizations;	101265

(2) The evidence or other documentation that a children's	101266
care network must submit to the department when seeking a contract	101267
to serve as an accountable care organization.	101268

(G) If the department does not adopt rules under division (F)	101269
of this section on or before July 1, 2012, the department shall	101270
specify that one of the following applies until the department	101271
adopts those rules:	101272

(1) Each managed care organization under contract with the	101273
department pursuant to section 5111.17 of the Revised Code shall	101274
subcontract with a children's care network to provide care	101275
coordination services for the individuals specified in division	101276
(B) of this section if the network provides notification to the	101277
department in accordance with division (E) of this section. The	101278
managed care organization shall pay the children's care network	101279
for providing the care coordination services an amount equal to	101280
the average cost to the managed care organization for providing	101281
case management services, plus an amount equal to the statewide	101282
average administrative percentage paid to managed care	101283
organizations as a component of their capitation payment that is	101284
associated with that service.	101285

(2) Each managed care organization under contract with the	101286
department pursuant to section 5111.17 of the Revised Code shall	101287
subcontract with a children's care network to provide care	101288
management services for the individuals specified in division (B)	101289
of this section if the network provides notification to the	101290
department in accordance with division (E) of this section.	101291

Sec. 5111.17. (A) The department of job and family services	101292
may enter into contracts with managed care organizations,	101293
including health insuring corporations, under which the	101294
organizations are authorized to provide, or arrange for the	101295
provision of, health care services to medical assistance	101296
recipients who are required or permitted to obtain health care	101297
services through managed care organizations as part of the care	101298
management system established under section 5111.16 of the Revised	101299
Code.	101300

(B) The department or its actuary shall base the hospital	101301
inpatient capital payment portion of the payment made to managed	101302
care organizations on data for services provided to all recipients	101303
enrolled in managed care organizations with which the department	101304
contracts, as reported by hospitals on relevant cost reports	101305
submitted pursuant to rules adopted under this section.	101306

(C) The director of job and family services may adopt rules	101307
in accordance with Chapter 119. of the Revised Code to implement	101308
this section.	101309

~~(C)~~(D) The department of job and family services shall allow	101310
a managed care ~~plans~~organization to use providers to render care	101311
upon completion of the managed care ~~plan's~~organization's	101312
credentialing process.	101313

Sec. 5111.172. (A) When contracting under section 5111.17 of	101314
the Revised Code with a managed care organization that is a health	101315
insuring corporation, the department of job and family services	101316
~~may~~shall require the health insuring corporation to provide	101317
coverage of prescription drugs for medicaid recipients enrolled in	101318
the health insuring corporation. In providing the required	101319
coverage, the health insuring corporation may, subject to the	101320
department's approval and the limitations specified in division	101321
(B) of this section, use strategies for the management of drug	101322
utilization.	101323

(B) The department shall not permit a health insuring	101324
corporation to impose a prior authorization requirement in the	101325
case of a drug to which all of the following apply:	101326

(1) The drug is an antidepressant or antipsychotic.

101327

(2) The drug is administered or dispensed in a standard	101328
tablet or capsule form, except that in the case of an	101329
antipsychotic, the drug also may be administered or dispensed in a	101330
long-acting injectable form.	101331

(3) The drug is prescribed by either of the following:

101332

(a) A physician whom the health insuring corporation,	101333
pursuant to division (C) of section 5111.17 of the Revised Code,	101334
has credentialed to provide care as a psychiatrist;	101335

(b) A physician practicing at a community mental health	101336
agency certified by the department of mental health under section	101337
5119.611 of the Revised Code.	101338

(4) The drug is prescribed for a use that is indicated on the	101339
drug's labeling, as approved by the federal food and drug	101340
administration.	101341

(C) As used in this division, "controlled substance" has the	101342
same meaning as in section 3719.01 of the Revised Code.	101343

IfThe department shall permit a health insuring corporation	101344
~~is required under this section to provide coverage of prescription~~	101345
~~drugs, the department shall permit the health insuring corporation~~	101346
to develop and implement a pharmacy utilization management program	101347
under which prior authorization through the program is established	101348
as a condition of obtaining a controlled substance pursuant to a	101349
prescription. The program may include processes for requiring	101350
medicaid recipients at high risk for fraud or abuse involving	101351
controlled substances to have their prescriptions for controlled	101352
substances filled by a pharmacy, medical provider, or health care	101353
facility designated by the program.	101354

Sec. 5111.1711. (A) The department of job and family	101355
services shall establish a managed care performance payment	101356
program. Under the program, the department may provide payments to	101357
managed care organizations under contract with the department	101358
pursuant to section 5111.17 of the Revised Code that meet	101359
performance standards established by the department.	101360

In establishing performance standards, the department shall	101361
use the most recent healthcare effectiveness data and information	101362
set and quality measurement tool established by the national	101363
committee for quality assurance.	101364

The standards that must be met to receive the payments may be	101365
specified in the contract the department enters into with a	101366
managed care organization.	101367

If a managed care organization meets the performance	101368
standards established by the department, the department shall make	101369
one or more performance payments to the organization. The number	101370
of payments and the schedule for making the payments shall be	101371
established by the department. The payments shall be discontinued	101372
if the department determines that the organization no longer meets	101373
the performance standards. The department shall not make or	101374
discontinue payments based on any performance standard that has	101375
been in effect as part of the organization's contract for less	101376
than six months.	101377

(B) For purposes of the program, the department shall	101378
establish an amount that is to be withheld each time a premium	101379
payment is made to a managed care organization. The amount shall	101380
be established as a percentage of each premium payment. The	101381
percentage shall be the same for all managed care organizations	101382
under contract with the department. The sum of all withholdings	101383
under this division shall not exceed one per cent of the total of	101384
all premium payments made to all managed care organizations under	101385
contract with the department.	101386

Each managed care organization shall agree to the withholding	101387
as a condition of receiving or maintaining its medicaid provider	101388
agreement with the department.	101389

When the amount is established and each time the amount is	101390
modified thereafter, the department shall certify the amount to	101391
the director of budget and management and begin withholding the	101392
amount from each premium the department pays to a managed care	101393
organization.	101394

(C) There is hereby created in the state treasury the managed	101395
care performance payment fund. The fund shall consist of amounts	101396
transferred to it by the director of budget and management for the	101397
purpose of the program. All investment earnings of the fund shall	101398
be credited to the fund. Amounts in the fund shall be used solely	101399
to make performance payments to managed care organizations in	101400
accordance with this section.	101401

(D) The department may adopt rules as necessary to implement	101402
this section. The rules shall be adopted in accordance with	101403
Chapter 119. of the Revised Code.	101404

Sec. 5111.20. As used in sections 5111.20 to ~~5111.34~~5111.33	101405
of the Revised Code:	101406

(A) "Allowable costs" are those costs determined by the	101407
department of job and family services to be reasonable and do not	101408
include fines paid under sections 5111.35 to 5111.61 and section	101409
5111.99 of the Revised Code.	101410

(B) "Ancillary and support costs" means all reasonable costs	101411
incurred by a nursing facility other than direct care costs or	101412
capital costs. "Ancillary and support costs" includes, but is not	101413
limited to, costs of activities, social services, pharmacy	101414
consultants, habilitation supervisors, qualified mental	101415
retardation professionals, program directors, medical and	101416
habilitation records, program supplies, incontinence supplies,	101417
food, enterals, dietary supplies and personnel, laundry,	101418
housekeeping, security, administration, medical equipment,	101419
utilities, liability insurance, bookkeeping, purchasing	101420
department, human resources, communications, travel, dues, license	101421
fees, subscriptions, home office costs not otherwise allocated,	101422
legal services, accounting services, minor equipment, wheelchairs,	101423
resident transportation, maintenance and repairs, help-wanted	101424
advertising, informational advertising, start-up costs,	101425
organizational expenses, other interest, property insurance,	101426
employee training and staff development, employee benefits,	101427
payroll taxes, and workers' compensation premiums or costs for	101428
self-insurance claims and related costs as specified in rules	101429
adopted by the director of job and family services under section	101430
5111.02 of the Revised Code, for personnel listed in this	101431
division. "Ancillary and support costs" also means the cost of	101432
equipment, including vehicles, acquired by operating lease	101433
executed before December 1, 1992, if the costs are reported as	101434
administrative and general costs on the facility's cost report for	101435
the cost reporting period ending December 31, 1992.	101436

(C) "Capital costs" means costs of ownership and, in the case	101437
of an intermediate care facility for the mentally retarded, costs	101438
of nonextensive renovation.	101439

(1) "Cost of ownership" means the actual expense incurred for	101440
all of the following:	101441

(a) Depreciation and interest on any capital assets that cost	101442
five hundred dollars or more per item, including the following:	101443

(i) Buildings;

101444

(ii) Building improvements that are not approved as	101445
nonextensive renovations under section 5111.251 of the Revised	101446
Code;	101447

(iii) Except as provided in division (B) of this section,	101448
equipment;	101449

(iv) In the case of an intermediate care facility for the	101450
mentally retarded, extensive renovations;	101451

(v) Transportation equipment.

101452

(b) Amortization and interest on land improvements and	101453
leasehold improvements;	101454

101455

(d) Except as provided in division (K) of this section, lease	101456
and rent of land, building, and equipment.	101457

The costs of capital assets of less than five hundred dollars	101458
per item may be considered capital costs in accordance with a	101459
provider's practice.	101460

(2) "Costs of nonextensive renovation" means the actual	101461
expense incurred by an intermediate care facility for the mentally	101462
retarded for depreciation or amortization and interest on	101463
renovations that are not extensive renovations.	101464

(D) "Capital lease" and "operating lease" shall be construed	101465
in accordance with generally accepted accounting principles.	101466

(E) "Case-mix score" means the measure determined under	101467
section 5111.232 of the Revised Code of the relative direct-care	101468
resources needed to provide care and habilitation to a resident of	101469
a nursing facility or intermediate care facility for the mentally	101470
retarded.	101471

(F)(1) "Date of licensure," for a facility originally	101472
licensed as a nursing home under Chapter 3721. of the Revised	101473
Code, means the date specific beds were originally licensed as	101474
nursing home beds under that chapter, regardless of whether they	101475
were subsequently licensed as residential facility beds under	101476
section 5123.19 of the Revised Code. For a facility originally	101477
licensed as a residential facility under section 5123.19 of the	101478
Revised Code, "date of licensure" means the date specific beds	101479
were originally licensed as residential facility beds under that	101480
section.	101481

If nursing home beds licensed under Chapter 3721. of the	101482
Revised Code or residential facility beds licensed under section	101483
5123.19 of the Revised Code were not required by law to be	101484
licensed when they were originally used to provide nursing home or	101485
residential facility services, "date of licensure" means the date	101486
the beds first were used to provide nursing home or residential	101487
facility services, regardless of the date the present provider	101488
obtained licensure.	101489

If a facility adds nursing home beds or residential facility	101490
beds or extensively renovates all or part of the facility after	101491
its original date of licensure, it will have a different date of	101492
licensure for the additional beds or extensively renovated portion	101493
of the facility, unless the beds are added in a space that was	101494
constructed at the same time as the previously licensed beds but	101495
was not licensed under Chapter 3721. or section 5123.19 of the	101496
Revised Code at that time.	101497

(2) The definition of "date of licensure" in this section	101498
applies in determinations of the medicaid reimbursement rate for a	101499
nursing facility or intermediate care facility for the mentally	101500
retarded but does not apply in determinations of the franchise	101501
permit fee for a nursing facility or intermediate care facility	101502
for the mentally retarded.	101503

(G) "Desk-reviewed" means that costs as reported on a cost	101504
report submitted under section 5111.26 of the Revised Code have	101505
been subjected to a desk review under division (A) of section	101506
5111.27 of the Revised Code and preliminarily determined to be	101507
allowable costs.	101508

(H) "Direct care costs" means all of the following:

101509

(1)(a) Costs for registered nurses, licensed practical	101510
nurses, and nurse aides employed by the facility;	101511

(b) Costs for direct care staff, administrative nursing	101512
staff, medical directors, respiratory therapists, and except as	101513
provided in division (H)(2) of this section, other persons holding	101514
degrees qualifying them to provide therapy;	101515

101516

(d) Costs of quality assurance;

101517

(e) Costs of training and staff development, employee	101518
benefits, payroll taxes, and workers' compensation premiums or	101519
costs for self-insurance claims and related costs as specified in	101520
rules adopted by the director of job and family services in	101521
accordance with Chapter 119. of the Revised Code, for personnel	101522
listed in divisions (H)(1)(a), (b), and (d) of this section;	101523

(f) Costs of consulting and management fees related to direct	101524
care;	101525

(g) Allocated direct care home office costs.

101526

(2) In addition to the costs specified in division (H)(1) of	101527
this section, for nursing facilities only, direct care costs	101528
include costs of habilitation staff (other than habilitation	101529
supervisors), medical supplies, oxygen, over-the-counter pharmacy	101530
products, physical therapists, physical therapy assistants,	101531
occupational therapists, occupational therapy assistants, speech	101532
therapists, audiologists, habilitation supplies, and universal	101533
precautions supplies.	101534

(3) In addition to the costs specified in division (H)(1) of	101535
this section, for intermediate care facilities for the mentally	101536
retarded only, direct care costs include both of the following:	101537

(a) Costs for physical therapists and physical therapy	101538
assistants, occupational therapists and occupational therapy	101539
assistants, speech therapists, audiologists, habilitation staff	101540
(including habilitation supervisors), qualified mental retardation	101541
professionals, program directors, social services staff,	101542
activities staff, off-site day programming, psychologists and	101543
psychology assistants, and social workers and counselors;	101544

(b) Costs of training and staff development, employee	101545
benefits, payroll taxes, and workers' compensation premiums or	101546
costs for self-insurance claims and related costs as specified in	101547
rules adopted under section 5111.02 of the Revised Code, for	101548
personnel listed in division (H)(3)(a) of this section.	101549

(4) Costs of other direct-care resources that are specified	101550
as direct care costs in rules adopted under section 5111.02 of the	101551
Revised Code.	101552

(I) "Fiscal year" means the fiscal year of this state, as	101553
specified in section 9.34 of the Revised Code.	101554

(J) "Franchise permit fee" means the following:

101555

(1) In the context of nursing facilities, the fee imposed by	101556
sections 3721.50 to 3721.58 of the Revised Code;	101557

(2) In the context of intermediate care facilities for the	101558
mentally retarded, the fee imposed by sections 5112.30 to 5112.39	101559
of the Revised Code.	101560

(K) "Indirect care costs" means all reasonable costs incurred	101561
by an intermediate care facility for the mentally retarded other	101562
than direct care costs, other protected costs, or capital costs.	101563
"Indirect care costs" includes but is not limited to costs of	101564
habilitation supplies, pharmacy consultants, medical and	101565
habilitation records, program supplies, incontinence supplies,	101566
food, enterals, dietary supplies and personnel, laundry,	101567
housekeeping, security, administration, liability insurance,	101568
bookkeeping, purchasing department, human resources,	101569
communications, travel, dues, license fees, subscriptions, home	101570
office costs not otherwise allocated, legal services, accounting	101571
services, minor equipment, maintenance and repairs, help-wanted	101572
advertising, informational advertising, start-up costs,	101573
organizational expenses, other interest, property insurance,	101574
employee training and staff development, employee benefits,	101575
payroll taxes, and workers' compensation premiums or costs for	101576
self-insurance claims and related costs as specified in rules	101577
adopted under section 5111.02 of the Revised Code, for personnel	101578
listed in this division. Notwithstanding division (C)(1) of this	101579
section, "indirect care costs" also means the cost of equipment,	101580
including vehicles, acquired by operating lease executed before	101581
December 1, 1992, if the costs are reported as administrative and	101582
general costs on the facility's cost report for the cost reporting	101583
period ending December 31, 1992.	101584

(L) "Inpatient days" means all days during which a resident,	101585
regardless of payment source, occupies a bed in a nursing facility	101586
or intermediate care facility for the mentally retarded that is	101587
included in the facility's certified capacity under Title XIX.	101588
Therapeutic or hospital leave days for which payment is made under	101589
section 5111.33 of the Revised Code are considered inpatient days	101590
proportionate to the percentage of the facility's per resident per	101591
day rate paid for those days.	101592

(M) "Intermediate care facility for the mentally retarded"	101593
means an intermediate care facility for the mentally retarded	101594
certified as in compliance with applicable standards for the	101595
medicaid program by the director of health in accordance with	101596
Title XIX.	101597

(N) "Maintenance and repair expenses" means, except as	101598
provided in division (BB)(2) of this section, expenditures that	101599
are necessary and proper to maintain an asset in a normally	101600
efficient working condition and that do not extend the useful life	101601
of the asset two years or more. "Maintenance and repair expenses"	101602
includes but is not limited to the cost of ordinary repairs such	101603
as painting and wallpapering.	101604

(O) "Medicaid days" means all days during which a resident	101605
who is a ~~Medicaid~~medicaid recipient eligible for nursing facility	101606
services occupies a bed in a nursing facility that is included in	101607
the nursing facility's certified capacity under Title XIX.	101608
Therapeutic or hospital leave days for which payment is made under	101609
section 5111.33 of the Revised Code are considered ~~Medicaid~~	101610
medicaid days proportionate to the percentage of the nursing	101611
facility's per resident per day rate paid for those days.	101612

(P) "Nursing facility" means a facility, or a distinct part	101613
of a facility, that is certified as a nursing facility by the	101614
director of health in accordance with Title XIX and is not an	101615
intermediate care facility for the mentally retarded. "Nursing	101616
facility" includes a facility, or a distinct part of a facility,	101617
that is certified as a nursing facility by the director of health	101618
in accordance with Title XIX and is certified as a skilled nursing	101619
facility by the director in accordance with Title XVIII.	101620

(Q) "Operator" means the person or government entity	101621
responsible for the daily operating and management decisions for a	101622
nursing facility or intermediate care facility for the mentally	101623
retarded.	101624

(R) "Other protected costs" means costs incurred by an	101625
intermediate care facility for the mentally retarded for medical	101626
supplies; real estate, franchise, and property taxes; natural gas,	101627
fuel oil, water, electricity, sewage, and refuse and hazardous	101628
medical waste collection; allocated other protected home office	101629
costs; and any additional costs defined as other protected costs	101630
in rules adopted under section 5111.02 of the Revised Code.	101631

(S)(1) "Owner" means any person or government entity that has	101632
at least five per cent ownership or interest, either directly,	101633
indirectly, or in any combination, in any of the following	101634
regarding a nursing facility or intermediate care facility for the	101635
mentally retarded:	101636

(a) The land on which the facility is located;

101637

(b) The structure in which the facility is located;

101638

(c) Any mortgage, contract for deed, or other obligation	101639
secured in whole or in part by the land or structure on or in	101640
which the facility is located;	101641

(d) Any lease or sublease of the land or structure on or in	101642
which the facility is located.	101643

(2) "Owner" does not mean a holder of a debenture or bond	101644
related to the nursing facility or intermediate care facility for	101645
the mentally retarded and purchased at public issue or a regulated	101646
lender that has made a loan related to the facility unless the	101647
holder or lender operates the facility directly or through a	101648
subsidiary.	101649

(T) "Patient" includes "resident."

101650

(U) Except as provided in divisions (U)(1) and (2) of this	101651
section, "per diem" means a nursing facility's or intermediate	101652
care facility for the mentally retarded's actual, allowable costs	101653
in a given cost center in a cost reporting period, divided by the	101654
facility's inpatient days for that cost reporting period.	101655

(1) When calculating indirect care costs for the purpose of	101656
establishing rates under section 5111.241 of the Revised Code,	101657
"per diem" means an intermediate care facility for the mentally	101658
retarded's actual, allowable indirect care costs in a cost	101659
reporting period divided by the greater of the facility's	101660
inpatient days for that period or the number of inpatient days the	101661
facility would have had during that period if its occupancy rate	101662
had been eighty-five per cent.	101663

(2) When calculating capital costs for the purpose of	101664
establishing rates under section 5111.251 of the Revised Code,	101665
"per diem" means a facility's actual, allowable capital costs in a	101666
cost reporting period divided by the greater of the facility's	101667
inpatient days for that period or the number of inpatient days the	101668
facility would have had during that period if its occupancy rate	101669
had been ninety-five per cent.	101670

(V) "Provider" means an operator with a provider agreement.

101671

(W) "Provider agreement" means a contract between the	101672
department of job and family services and the operator of a	101673
nursing facility or intermediate care facility for the mentally	101674
retarded for the provision of nursing facility services or	101675
intermediate care facility services for the mentally retarded	101676
under the medicaid program.	101677

(X) "Purchased nursing services" means services that are	101678
provided in a nursing facility by registered nurses, licensed	101679
practical nurses, or nurse aides who are not employees of the	101680
facility.	101681

(Y) "Reasonable" means that a cost is an actual cost that is	101682
appropriate and helpful to develop and maintain the operation of	101683
patient care facilities and activities, including normal standby	101684
costs, and that does not exceed what a prudent buyer pays for a	101685
given item or services. Reasonable costs may vary from provider to	101686
provider and from time to time for the same provider.	101687

(Z) "Related party" means an individual or organization that,	101688
to a significant extent, has common ownership with, is associated	101689
or affiliated with, has control of, or is controlled by, the	101690
provider.	101691

(1) An individual who is a relative of an owner is a related	101692
party.	101693

(2) Common ownership exists when an individual or individuals	101694
possess significant ownership or equity in both the provider and	101695
the other organization. Significant ownership or equity exists	101696
when an individual or individuals possess five per cent ownership	101697
or equity in both the provider and a supplier. Significant	101698
ownership or equity is presumed to exist when an individual or	101699
individuals possess ten per cent ownership or equity in both the	101700
provider and another organization from which the provider	101701
purchases or leases real property.	101702

(3) Control exists when an individual or organization has the	101703
power, directly or indirectly, to significantly influence or	101704
direct the actions or policies of an organization.	101705

(4) An individual or organization that supplies goods or	101706
services to a provider shall not be considered a related party if	101707
all of the following conditions are met:	101708

(a) The supplier is a separate bona fide organization.

101709

(b) A substantial part of the supplier's business activity of	101710
the type carried on with the provider is transacted with others	101711
than the provider and there is an open, competitive market for the	101712
types of goods or services the supplier furnishes.	101713

(c) The types of goods or services are commonly obtained by	101714
other nursing facilities or intermediate care facilities for the	101715
mentally retarded from outside organizations and are not a basic	101716
element of patient care ordinarily furnished directly to patients	101717
by the facilities.	101718

(d) The charge to the provider is in line with the charge for	101719
the goods or services in the open market and no more than the	101720
charge made under comparable circumstances to others by the	101721
supplier.	101722

(AA) "Relative of owner" means an individual who is related	101723
to an owner of a nursing facility or intermediate care facility	101724
for the mentally retarded by one of the following relationships:	101725

(1) Spouse;

101726

(2) Natural parent, child, or sibling;

101727

(3) Adopted parent, child, or sibling;

101728

(4) Stepparent, stepchild, stepbrother, or stepsister;

101729

(5) Father-in-law, mother-in-law, son-in-law,	101730
daughter-in-law, brother-in-law, or sister-in-law;	101731

(6) Grandparent or grandchild;

101732

(7) Foster caregiver, foster child, foster brother, or foster	101733
sister.	101734

(BB) "Renovation" and "extensive renovation" mean:

101735

(1) Any betterment, improvement, or restoration of an	101736
intermediate care facility for the mentally retarded started	101737
before July 1, 1993, that meets the definition of a renovation or	101738
extensive renovation established in rules adopted by the director	101739
of job and family services in effect on December 22, 1992.	101740

(2) In the case of betterments, improvements, and	101741
restorations of intermediate care facilities for the mentally	101742
retarded started on or after July 1, 1993:	101743

(a) "Renovation" means the betterment, improvement, or	101744
restoration of an intermediate care facility for the mentally	101745
retarded beyond its current functional capacity through a	101746
structural change that costs at least five hundred dollars per	101747
bed. A renovation may include betterment, improvement,	101748
restoration, or replacement of assets that are affixed to the	101749
building and have a useful life of at least five years. A	101750
renovation may include costs that otherwise would be considered	101751
maintenance and repair expenses if they are an integral part of	101752
the structural change that makes up the renovation project.	101753
"Renovation" does not mean construction of additional space for	101754
beds that will be added to a facility's licensed or certified	101755
capacity.	101756

(b) "Extensive renovation" means a renovation that costs more	101757
than sixty-five per cent and no more than eighty-five per cent of	101758
the cost of constructing a new bed and that extends the useful	101759
life of the assets for at least ten years.	101760

For the purposes of division (BB)(2) of this section, the	101761
cost of constructing a new bed shall be considered to be forty	101762
thousand dollars, adjusted for the estimated rate of inflation	101763
from January 1, 1993, to the end of the calendar year during which	101764
the renovation is completed, using the consumer price index for	101765
shelter costs for all urban consumers for the north central	101766
region, as published by the United States bureau of labor	101767
statistics.	101768

The department of job and family services may treat a	101769
renovation that costs more than eighty-five per cent of the cost	101770
of constructing new beds as an extensive renovation if the	101771
department determines that the renovation is more prudent than	101772
construction of new beds.	101773

(CC) "Title XIX" means Title XIX of the "Social Security	101774
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	101775

(DD) "Title XVIII" means Title XVIII of the "Social Security	101776
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	101777

Sec. 5111.21. (A) In order to be eligible for medicaid	101778
payments, the operator of a nursing facility or intermediate care	101779
facility for the mentally retarded shall do all of the following:	101780

(1) Enter into a provider agreement with the department as	101781
provided in section 5111.22, 5111.671, or 5111.672 of the Revised	101782
Code;	101783

(2) Apply for and maintain a valid license to operate if so	101784
required by law;	101785

(3) Subject to division (B) of this section, comply with all	101786
applicable state and federal laws and rules.	101787

(B) A state rule that requires the operator of an	101788
intermediate care facility for the mentally retarded to have	101789
received approval of a plan for the proposed facility pursuant to	101790
section 5123.042 of the Revised Code as a condition of the	101791
operator being eligible for medicaid payments for the facility	101792
does not apply if, under former section 5123.193 of the Revised	101793
Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly	101794
or section 5123.197 of the Revised Code, a residential facility	101795
license was obtained or modified for the facility without	101796
obtaining approval of such a plan.	101797

(C)(1) Except as provided in division (C)(2) of this section,	101798
the operator of a nursing facility that elects to obtain and	101799
maintain eligibility for payments under the medicaid program shall	101800
qualify all of the facility's medicaid-certified beds in the	101801
medicare program established by Title XVIII. The director of job	101802
and family services may adopt rules under section 5111.02 of the	101803
Revised Code to establish the time frame in which a nursing	101804
facility must comply with this requirement.	101805

(2) The department of veterans services is not required to	101806
qualify all of the medicaid-certified beds in a nursing facility	101807
the agency maintains and operates under section 5907.01 of the	101808
Revised Code in the medicare program.	101809

Sec. 5111.211. (A) Except as provided in division (C) of	101810
this section, the department of developmental disabilities is	101811
responsible for the nonfederal share of claims submitted for	101812
services that are covered by the medicaid program and provided to	101813
an eligible medicaid recipient by an intermediate care facility	101814
for the mentally retarded if all of the following are the case:	101815

(1) The services are provided on or after July 1, 2003;

101816

(2) The facility receives initial certification by the	101817
director of health as an intermediate care facility for the	101818
mentally retarded on or after June 1, 2003;	101819

(3) The facility, or a portion of the facility, is licensed	101820
by the director of developmental disabilities as a residential	101821
facility under section 5123.19 of the Revised Code;	101822

(4) There is a valid provider agreement for the facility.

101823

(B) Each month, the department of job and family services	101824
shall invoice the department of developmental disabilities by	101825
interagency transfer voucher for the claims for which the	101826
department of developmental disabilities is responsible pursuant	101827
to this section.	101828

(C) Division (A) of this section does not apply to claims	101829
submitted for an intermediate care facility for the mentally	101830
retarded if, under former section 5123.193 of the Revised Code as	101831
enacted by Am. Sub. H.B. 1 of the 128th general assembly or	101832
section 5123.197 of the Revised Code, a residential facility	101833
license was obtained or modified for the facility without	101834
obtaining approval of a plan for the proposed residential facility	101835
pursuant to section 5123.042 of the Revised Code.	101836

Sec. 5111.222. (A) Except as otherwise provided by sections	101837
5111.20 to 5111.33 of the Revised Code and by division (B) of this	101838
section, the payments that the department of job and family	101839
services shall agree to make to the provider of a nursing facility	101840
pursuant to a provider agreement shall equal the sum of all of the	101841
following:	101842

(1) The rate for direct care costs determined for the nursing	101843
facility under section 5111.231 of the Revised Code;	101844

(2) The rate for ancillary and support costs determined for	101845
the nursing facility's ancillary and support cost peer group under	101846
section 5111.24 of the Revised Code;	101847

(3) The rate for tax costs determined for the nursing	101848
facility under section 5111.242 of the Revised Code;	101849

(4) ~~The rate for franchise permit fees determined for the~~	101850
~~nursing facility under section 5111.243 of the Revised Code;~~	101851

~~(5)~~ The quality incentive payment, if any, paid to the	101852
nursing facility under section 5111.244 of the Revised Code;	101853

~~(6)~~(5) The ~~median~~ rate for capital costs determined for the	101854
~~nursing facilities in the~~ nursing facility's capital costs peer	101855
group ~~as determined~~ under section 5111.25 of the Revised Code.	101856

(B) The department shall adjust the rates otherwise	101857
determined under ~~divisions~~division (A)~~(1), (2), (3), and (6)~~ of	101858
this section as directed by the general assembly through the	101859
enactment of law governing medicaid payments to providers of	101860
nursing facilities, including any law that ~~does either of the~~	101861
~~following:~~	101862

~~(1) Establishes~~establishes factors by which the rates are to	101863
be adjusted;	101864

~~(2) Establishes a methodology for phasing in the rates~~	101865
~~determined for fiscal year 2006 under uncodified law the general~~	101866
~~assembly enacts to rates determined for subsequent fiscal years~~	101867
~~under sections 5111.20 to 5111.33 of the Revised Code~~.	101868

Sec. 5111.224. (A) Except as otherwise provided by sections	101869
5111.20 to 5111.33 of the Revised Code and by division (B) of this	101870
section, the payments that the department of job and family	101871
services shall agree to make to the provider of an intermediate	101872
care facility for the mentally retarded pursuant to a provider	101873
agreement shall equal the sum of all of the following:	101874

(1) The rate for direct care costs determined for the	101875
facility under section 5111.23 of the Revised Code;	101876

(2) The rate for other protected costs determined for the	101877
facility under section 5111.235 of the Revised Code;	101878

(3) The rate for indirect care costs determined for the	101879
facility under section 5111.241 of the Revised Code;	101880

(4) The rate for capital costs determined for the facility	101881
under section 5111.251 of the Revised Code.	101882

(B) The department shall adjust the total rate otherwise	101883
determined under division (A) of this section as directed by the	101884
general assembly through the enactment of law governing medicaid	101885
payments to providers of intermediate care facilities for the	101886
mentally retarded.	101887

Sec. 5111.225. (A) As used in this section:

101888

"Dual eligible individual" has the same meaning as in section	101889
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	101890
42 U.S.C. 1396n(h)(2)(B).	101891

"Medicaid maximum allowable amount" means one hundred per	101892
cent of a nursing facility's per diem rate for a medicaid day.	101893

(B) The department of job and family services shall pay the	101894
provider of a nursing facility the lesser of the following for	101895
nursing facility services the nursing facility provides on or	101896
after January 1, 2012, to a dual eligible individual who is	101897
eligible for nursing facility services under the medicaid program	101898
and post-hospital extended care services under Part A of Title	101899
XVIII:	101900

(1) The coinsurance amount for the services as provided under	101901
Part A of Title XVIII;	101902

(2) The medicaid maximum allowable amount for the services,	101903
less the amount paid under Part A of Title XVIII for the services.	101904

Sec. 5111.23. (A) The department of job and family services	101905
shall pay a provider for each of the provider's eligible	101906
intermediate care facilities for the mentally retarded a per	101907
resident per day rate for direct care costs established	101908
prospectively for each facility. The department shall establish	101909
each facility's rate for direct care costs quarterly.	101910

(B) Each facility's rate for direct care costs shall be based	101911
on the facility's cost per case-mix unit, subject to the maximum	101912
costs per case-mix unit established under division (B)(2) of this	101913
section, from the calendar year preceding the fiscal year in which	101914
the rate is paid. To determine the rate, the department shall do	101915
all of the following:	101916

(1) Determine each facility's cost per case-mix unit for the	101917
calendar year preceding the fiscal year in which the rate will be	101918
paid by dividing the facility's desk-reviewed, actual, allowable,	101919
per diem direct care costs for that year by its average case-mix	101920
score determined under section 5111.232 of the Revised Code for	101921
the same calendar year.	101922

(2)(a) Set the maximum cost per case-mix unit for each peer	101923
group of intermediate care facilities for the mentally retarded	101924
with more than eight beds specified in rules adopted under	101925
division ~~(E)~~(F) of this section at a percentage above the cost per	101926
case-mix unit of the facility in the group that has the group's	101927
median medicaid inpatient day for the calendar year preceding the	101928
fiscal year in which the rate will be paid, as calculated under	101929
division (B)(1) of this section, that is no less than the	101930
percentage calculated under division ~~(D)~~(E)(2) of this section.	101931

(b) Set the maximum cost per case-mix unit for each peer	101932
group of intermediate care facilities for the mentally retarded	101933
with eight or fewer beds specified in rules adopted under division	101934
~~(E)~~(F) of this section at a percentage above the cost per case-mix	101935
unit of the facility in the group that has the group's median	101936
medicaid inpatient day for the calendar year preceding the fiscal	101937
year in which the rate will be paid, as calculated under division	101938
(B)(1) of this section, that is no less than the percentage	101939
calculated under division ~~(D)~~(E)(3) of this section.	101940

(c) In calculating the maximum cost per case-mix unit under	101941
divisions (B)(2)(a) toand (b) of this section for each peer	101942
group, the department shall exclude from its calculations the cost	101943
per case-mix unit of any facility in the group that participated	101944
in the medicaid program under the same operator for less than	101945
twelve months during the calendar year preceding the fiscal year	101946
in which the rate will be paid.	101947

(3) Estimate the rate of inflation for the eighteen-month	101948
period beginning on the first day of July of the calendar year	101949
preceding the fiscal year in which the rate will be paid and	101950
ending on the thirty-first day of December of the fiscal year in	101951
which the rate will be paid, using the ~~employment cost~~ index ~~for~~	101952
~~total compensation, health services component, published by the~~	101953
~~United States bureau of labor statistics~~specified in division (C)	101954
of this section. If the estimated inflation rate for the	101955
eighteen-month period is different from the actual inflation rate	101956
for that period, as measured using the same index, the difference	101957
shall be added to or subtracted from the inflation rate estimated	101958
under division (B)(3) of this section for the following fiscal	101959
year.	101960

(4) The department shall not recalculate a maximum cost per	101961
case-mix unit under division (B)(2) of this section or a	101962
percentage under division ~~(D)~~(E) of this section based on	101963
additional information that it receives after the maximum costs	101964
per case-mix unit or percentages are set. The department shall	101965
recalculate a maximum cost per case-mix units or percentage only	101966
if it made an error in computing the maximum cost per case-mix	101967
unit or percentage based on information available at the time of	101968
the original calculation.	101969

(C) The department shall use the following index for the	101970
purpose of division (B)(3) of this section:	101971

(1) The employment cost index for total compensation, health	101972
services component, published by the United States bureau of labor	101973
statistics;	101974

(2) If the United States bureau of labor statistics ceases to	101975
publish the index specified in division (C)(1) of this section,	101976
the index that is subsequently published by the bureau and covers	101977
nursing facilities' staff costs.	101978

(D) Each facility's rate for direct care costs shall be	101979
determined as follows for each calendar quarter within a fiscal	101980
year:	101981

(1) Multiply the lesser of the following by the facility's	101982
average case-mix score determined under section 5111.232 of the	101983
Revised Code for the calendar quarter that preceded the	101984
immediately preceding calendar quarter:	101985

(a) The facility's cost per case-mix unit for the calendar	101986
year preceding the fiscal year in which the rate will be paid, as	101987
determined under division (B)(1) of this section;	101988

(b) The maximum cost per case-mix unit established for the	101989
fiscal year in which the rate will be paid for the facility's peer	101990
group under division (B)(2) of this section;	101991

(2) Adjust the product determined under division ~~(C)~~(D)(1) of	101992
this section by the inflation rate estimated under division (B)(3)	101993
of this section.	101994

~~(D)~~(E)(1) The department shall calculate the percentage above	101995
the median cost per case-mix unit determined under division (B)(1)	101996
of this section for the facility that has the median medicaid	101997
inpatient day for calendar year 1992 for all intermediate care	101998
facilities for the mentally retarded with more than eight beds	101999
that would result in payment of all desk-reviewed, actual,	102000
allowable direct care costs for eighty and one-half per cent of	102001
the medicaid inpatient days for such facilities for calendar year	102002
1992.	102003

(2) The department shall calculate the percentage above the	102004
median cost per case-mix unit determined under division (B)(1) of	102005
this section for the facility that has the median medicaid	102006
inpatient day for calendar year 1992 for all intermediate care	102007
facilities for the mentally retarded with eight or fewer beds that	102008
would result in payment of all desk-reviewed, actual, allowable	102009
direct care costs for eighty and one-half per cent of the medicaid	102010
inpatient days for such facilities for calendar year 1992.	102011

~~(E)~~(F) The director of job and family services shall adopt	102012
rules under section 5111.02 of the Revised Code that specify peer	102013
groups of intermediate care facilities for the mentally retarded	102014
with more than eight beds and intermediate care facilities for the	102015
mentally retarded with eight or fewer beds, based on findings of	102016
significant per diem direct care cost differences due to geography	102017
and facility bed-size. The rules also may specify peer groups	102018
based on findings of significant per diem direct care cost	102019
differences due to other factors which may include case-mix.	102020

~~(F)~~(G) The department, in accordance with division (D) of	102021
section 5111.232 of the Revised Code and rules adopted under	102022
division ~~(E)~~(F) of that section, may assign case-mix scores or	102023
costs per case-mix unit if a provider fails to submit assessment	102024
data necessary to calculate an intermediate care facility for the	102025
mentally retarded's case-mix score in accordance with that	102026
section.	102027

Sec. 5111.231. (A) As used in this section~~, "applicable~~:

102028

(1) "Applicable calendar year" means the following:

102029

~~(1)~~(a) For the purpose of the department of job and family	102030
services' initial determination under division (D) of this section	102031
of each peer group's cost per case-mix unit, calendar year 2003;	102032

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	102033
~~determinations under division (D) of this section of each peer~~	102034
~~group's cost per case-mix unit~~rebasings, the calendar year the	102035
department selects.	102036

(2) "Rebasing" means a redetermination under division (D) of	102037
this section of each peer groups' cost per case-mix unit using	102038
information from cost reports for an applicable calendar year that	102039
is later than the applicable calendar year used for the previous	102040
determination of such costs.	102041

(B) The department of job and family services shall pay a	102042
provider for each of the provider's eligible nursing facilities a	102043
per resident per day rate for direct care costs determined	102044
semiannually by multiplying the cost per case-mix unit determined	102045
under division (D) of this section for the facility's peer group	102046
by the facility's semiannual case-mix score determined under	102047
section 5111.232 of the Revised Code.	102048

(C) For the purpose of determining nursing facilities' rate	102049
for direct care costs, the department shall establish three peer	102050
groups.	102051

Each nursing facility located in any of the following	102052
counties shall be placed in peer group one: Brown, Butler,	102053
Clermont, Clinton, Hamilton, and Warren.	102054

Each nursing facility located in any of the following	102055
counties shall be placed in peer group two: Ashtabula, Champaign,	102056
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,	102057
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,	102058
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,	102059
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,	102060
and Wood.	102061

Each nursing facility located in any of the following	102062
counties shall be placed in peer group three: Adams, Allen,	102063
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	102064
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	102065
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	102066
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	102067
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	102068
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	102069
Washington, Wayne, Williams, and Wyandot.	102070

(D)(1) ~~At least once every ten years, the~~The department	102071
shall determine a cost per case-mix unit for each peer group	102072
established under division (C) of this section. AThe department	102073
is not required to conduct a rebasing more than once every ten	102074
years. Except as necessary to implement the amendments made by	102075
this act to this section, the cost per case-mix unit determined	102076
under this division for a peer group shall be used for subsequent	102077
years until the department ~~redetermines it~~conducts a rebasing.	102078
To determine a peer group's cost per case-mix unit, the department	102079
shall do all of the following:	102080

(a) Determine the cost per case-mix unit for each nursing	102081
facility in the peer group for the applicable calendar year by	102082
dividing each facility's desk-reviewed, actual, allowable, per	102083
diem direct care costs for the applicable calendar year by the	102084
facility's annual average case-mix score determined under section	102085
5111.232 of the Revised Code for the applicable calendar year.;	102086

(b) Subject to division (D)(2) of this section, identify	102087
which nursing facility in the peer group is at the twenty-fifth	102088
percentile of the cost per case-mix units determined under	102089
division (D)(1)(a) of this section.;	102090

(c) ~~Calculate the amount that is seven per cent above the~~	102091
~~cost per case-mix unit determined under division (D)(1)(a) of this~~	102092
~~section for the nursing facility identified under division~~	102093
~~(D)(1)(b) of this section.~~	102094

~~(d) Multiply the amount calculated under division (D)(1)(c)~~	102095
~~of this section by~~Using the index specified in division (D)(3) of	102096
this section, multiply the rate of inflation for the	102097
eighteen-month period beginning on the first day of July of the	102098
applicable calendar year and ending the last day of December of	102099
the calendar year immediately following the applicable calendar	102100
year ~~using the following:~~	102101

~~(i) In the case of the initial calculation made under~~	102102
~~division (D)(1)(d) of this section, the employment cost index for~~	102103
~~total compensation, health services component, published by the~~	102104
~~United States bureau of labor statistics, as the index existed on~~	102105
~~July 1, 2005;~~	102106

~~(ii) In the case of subsequent calculations made under~~	102107
~~division (D)(1)(d) of this section and except as provided in~~	102108
~~division (D)(1)(d)(iii) of this section, the employment cost index~~	102109
~~for total compensation, nursing and residential care facilities~~	102110
~~occupational group, published by the United States bureau of labor~~	102111
~~statistics;~~	102112

~~(iii) If the United States bureau of labor statistics ceases~~	102113
~~to publish the index specified in division (D)(1)(d)(ii) of this~~	102114
~~section, the index the bureau subsequently publishes that covers~~	102115
~~nursing facilities' staff costs~~by the cost per case-mix unit	102116
determined under division (D)(1)(a) of this section for the	102117
nursing facility identified under division (D)(1)(b) of this	102118
section;	102119

(d) Until the first rebasing occurs, add one dollar and	102120
eighty-eight cents to the amount calculated under division	102121
(D)(1)(c) of this section.	102122

(2) In making the identification under division (D)(1)(b) of	102123
this section, the department shall exclude both of the following:	102124

(a) Nursing facilities that participated in the medicaid	102125
program under the same provider for less than twelve months in the	102126
applicable calendar year;	102127

(b) Nursing facilities whose cost per case-mix unit is more	102128
than one standard deviation from the mean cost per case-mix unit	102129
for all nursing facilities in the nursing facility's peer group	102130
for the applicable calendar year.	102131

(3) The following index shall be used for the purpose of the	102132
calculation made under division (D)(1)(c) of this section:	102133

(a) Until the first rebasing occurs, the employment cost	102134
index for total compensation, health services component, published	102135
by the United States bureau of labor statistics, as the index	102136
existed on July 1, 2005;	102137

(b) Effective with the first rebasing and except as provided	102138
in division (D)(3)(c) of this section, the employment cost index	102139
for total compensation, nursing and residential care facilities	102140
occupational group, published by the United States bureau of labor	102141
statistics;	102142

(c) If the United States bureau of labor statistics ceases to	102143
publish the index specified in division (D)(3)(b) of this section,	102144
the index the bureau subsequently publishes that covers nursing	102145
facilities' staff costs.	102146

(4) The department shall not redetermine a peer group's cost	102147
per case-mix unit under this division based on additional	102148
information that it receives after the peer group's per case-mix	102149
unit is determined. The department shall redetermine a peer	102150
group's cost per case-mix unit only if it made an error in	102151
determining the peer group's cost per case-mix unit based on	102152
information available to the department at the time of the	102153
original determination.	102154

Sec. 5111.235. (A) The department of job and family services	102155
shall pay a provider for each of the provider's eligible	102156
intermediate care facilities for the mentally retarded a per	102157
resident per day rate for other protected costs established	102158
prospectively each fiscal year for each facility. The rate for	102159
each facility shall be the facility's desk-reviewed, actual,	102160
allowable, per diem other protected costs from the calendar year	102161
preceding the fiscal year in which the rate will be paid, all	102162
adjusted for the estimated inflation rate for the eighteen-month	102163
period beginning on the first day of July of the calendar year	102164
preceding the fiscal year in which the rate will be paid and	102165
ending on the thirty-first day of December of that fiscal year.	102166
The department shall estimate inflation using the ~~consumer price~~	102167
index ~~for all urban consumers for nonprescription drugs and~~	102168
~~medical supplies, as published by the United States bureau of~~	102169
~~labor statistics~~specified in division (B) of this section. If the	102170
estimated inflation rate for the eighteen-month period is	102171
different from the actual inflation rate for that period, the	102172
difference shall be added to or subtracted from the inflation rate	102173
estimated for the following year.	102174

(B) The department shall use the following index for the	102175
purpose of division (A) of this section:	102176

(1) The consumer price index for all urban consumers for	102177
nonprescription drugs and medical supplies, as published by the	102178
United States bureau of labor statistics;	102179

(2) If the United States bureau of labor statistics ceases to	102180
publish the index specified in division (B)(1) of this section,	102181
the index that is subsequently published by the bureau and covers	102182
nonprescription drugs and medical supplies.	102183

Sec. 5111.24. (A) As used in this section~~, "applicable~~:

102184

(1) "Applicable calendar year" means the following:

102185

~~(1)~~(a) For the purpose of the department of job and family	102186
services' initial determination under division (D) of this section	102187
of each peer group's rate for ancillary and support costs,	102188
calendar year 2003;	102189

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	102190
~~determinations under division (D) of this section of each peer~~	102191
~~group's rate for ancillary and support costs~~rebasings, the	102192
calendar year the department selects.	102193

(2) "Rebasing" means a redetermination under division (D) of	102194
this section of each peer groups' rate for ancillary and support	102195
costs using information from cost reports for an applicable	102196
calendar year that is later than the applicable calendar year used	102197
for the previous determination of such rates.	102198

(B) The department of job and family services shall pay a	102199
provider for each of the provider's eligible nursing facilities a	102200
per resident per day rate for ancillary and support costs	102201
determined for the nursing facility's peer group under division	102202
(D) of this section.	102203

(C) For the purpose of determining nursing facilities' rate	102204
for ancillary and support costs, the department shall establish	102205
six peer groups.	102206

Each nursing facility located in any of the following	102207
counties shall be placed in peer group one or two: Brown, Butler,	102208
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	102209
located in any of those counties that has fewer than one hundred	102210
beds shall be placed in peer group one. Each nursing facility	102211
located in any of those counties that has one hundred or more beds	102212
shall be placed in peer group two.	102213

Each nursing facility located in any of the following	102214
counties shall be placed in peer group three or four: Ashtabula,	102215
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	102216
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	102217
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	102218
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	102219
Union, and Wood. Each nursing facility located in any of those	102220
counties that has fewer than one hundred beds shall be placed in	102221
peer group three. Each nursing facility located in any of those	102222
counties that has one hundred or more beds shall be placed in peer	102223
group four.	102224

Each nursing facility located in any of the following	102225
counties shall be placed in peer group five or six: Adams, Allen,	102226
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	102227
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	102228
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	102229
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	102230
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	102231
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	102232
Washington, Wayne, Williams, and Wyandot. Each nursing facility	102233
located in any of those counties that has fewer than one hundred	102234
beds shall be placed in peer group five. Each nursing facility	102235
located in any of those counties that has one hundred or more beds	102236
shall be placed in peer group six.	102237

(D)(1) ~~At least once every ten years, the~~The department	102238
shall determine the rate for ancillary and support costs for each	102239
peer group established under division (C) of this section. The	102240
department is not required to conduct a rebasing more than once	102241
every ten years. Except as necessary to implement the amendments	102242
made by this act to this section, the rate for ancillary and	102243
support costs determined under this division for a peer group	102244
shall be used for subsequent years until the department	102245
~~redetermines it~~conducts a rebasing. To determine a peer group's	102246
rate for ancillary and support costs, the department shall do all	102247
of the following:	102248

(a) ~~Determine~~Subject to division (D)(2) of this section,	102249
determine the rate for ancillary and support costs for each	102250
nursing facility in the peer group for the applicable calendar	102251
year by using the greater of the nursing facility's actual	102252
inpatient days for the applicable calendar year or the inpatient	102253
days the nursing facility would have had for the applicable	102254
calendar year if its occupancy rate had been ninety per cent~~. For~~	102255
~~the purpose of determining a nursing facility's occupancy rate~~	102256
~~under division (D)(1)(a) of this section, the department shall~~	102257
~~include any beds that the nursing facility removes from its~~	102258
~~medicaid-certified capacity unless the nursing facility also~~	102259
~~removes the beds from its licensed bed capacity.~~;	102260

(b) Subject to division (D)~~(2)~~(3) of this section, identify	102261
which nursing facility in the peer group is at the twenty-fifth	102262
percentile of the rate for ancillary and support costs for the	102263
applicable calendar year determined under division (D)(1)(a) of	102264
this section.;	102265

(c) ~~Calculate the amount that is three per cent above the~~	102266
~~rate for ancillary and support costs determined under division~~	102267
~~(D)(1)(a) of this section for the nursing facility identified~~	102268
~~under division (D)(1)(b) of this section.~~	102269

~~(d)~~ Multiply the ~~amount calculated~~rate for ancillary and	102270
support costs determined under division (D)(1)~~(c)~~(a) of this	102271
section for the nursing facility identified under division	102272
(D)(1)(b) of this section by the rate of inflation for the	102273
eighteen-month period beginning on the first day of July of the	102274
applicable calendar year and ending the last day of December of	102275
the calendar year immediately following the applicable calendar	102276
year using the following:	102277

(i) ~~In the case of the initial calculation made under~~	102278
~~division (D)(1)(d) of this section~~Until the first rebasing	102279
occurs, the consumer price index for all items for all urban	102280
consumers for the north central region, published by the United	102281
States bureau of labor statistics, as that index existed on July	102282
1, 2005;	102283

(ii) ~~In the case of subsequent calculations made under~~	102284
~~division (D)(1)(d) of this section~~Effective with the first	102285
rebasing and except as provided in division (D)(1)~~(d)~~(c)(iii) of	102286
this section, the consumer price index for all items for all urban	102287
consumers for the midwest region, published by the United States	102288
bureau of labor statistics;	102289

(iii) If the United States bureau of labor statistics ceases	102290
to publish the index specified in division (D)(1)~~(d)~~(c)(ii) of	102291
this section, the index the bureau subsequently publishes that	102292
covers urban consumers' prices for items for the region that	102293
includes this state.	102294

(2) For the purpose of determining a nursing facility's	102295
occupancy rate under division (D)(1)(a) of this section, the	102296
department shall include any beds that the nursing facility	102297
removes from its medicaid-certified capacity unless the nursing	102298
facility also removes the beds from its licensed bed capacity.	102299

(3) In making the identification under division (D)(1)(b) of	102300
this section, the department shall exclude both of the following:	102301

(a) Nursing facilities that participated in the medicaid	102302
program under the same provider for less than twelve months in the	102303
applicable calendar year;	102304

(b) Nursing facilities whose ancillary and support costs are	102305
more than one standard deviation from the mean desk-reviewed,	102306
actual, allowable, per diem ancillary and support cost for all	102307
nursing facilities in the nursing facility's peer group for the	102308
applicable calendar year.	102309

~~(3)~~(4) The department shall not redetermine a peer group's	102310
rate for ancillary and support costs under this division based on	102311
additional information that it receives after the rate is	102312
determined. The department shall redetermine a peer group's rate	102313
for ancillary and support costs only if itthe department made an	102314
error in determining the rate based on information available to	102315
the department at the time of the original determination.	102316

Sec. 5111.241. (A) The department of job and family services	102317
shall pay a provider for each of the provider's eligible	102318
intermediate care facilities for the mentally retarded a per	102319
resident per day rate for indirect care costs established	102320
prospectively each fiscal year for each facility. The rate for	102321
each intermediate care facility for the mentally retarded shall be	102322
the sum of the following, but shall not exceed the maximum rate	102323
established for the facility's peer group under division (B) of	102324
this section:	102325

(1) The facility's desk-reviewed, actual, allowable, per diem	102326
indirect care costs from the calendar year preceding the fiscal	102327
year in which the rate will be paid, adjusted for the inflation	102328
rate estimated under division (C)(1) of this section;	102329

(2) An efficiency incentive in the following amount:

102330

(a) For fiscal years ending in even-numbered calendar years:

102331

(i) In the case of intermediate care facilities for the	102332
mentally retarded with more than eight beds, seven and one-tenth	102333
per cent of the maximum rate established for the facility's peer	102334
group under division (B) of this section;	102335

(ii) In the case of intermediate care facilities for the	102336
mentally retarded with eight or fewer beds, seven per cent of the	102337
maximum rate established for the facility's peer group under	102338
division (B) of this section;	102339

(b) For fiscal years ending in odd-numbered calendar years,	102340
the amount calculated for the preceding fiscal year under division	102341
(A)(2)(a) of this section.	102342

(B)(1) The maximum rate for indirect care costs for each peer	102343
group of intermediate care facilities for the mentally retarded	102344
with more than eight beds specified in rules adopted under	102345
division (D) of this section shall be determined as follows:	102346

(a) For fiscal years ending in even-numbered calendar years,	102347
the maximum rate for each peer group shall be the rate that is no	102348
less than twelve and four-tenths per cent above the median	102349
desk-reviewed, actual, allowable, per diem indirect care cost for	102350
all intermediate care facilities for the mentally retarded with	102351
more than eight beds in the group, excluding facilities in the	102352
group whose indirect care costs for that period are more than	102353
three standard deviations from the mean desk-reviewed, actual,	102354
allowable, per diem indirect care cost for all intermediate care	102355
facilities for the mentally retarded with more than eight beds,	102356
for the calendar year preceding the fiscal year in which the rate	102357
will be paid, adjusted by the inflation rate estimated under	102358
division (C)(1) of this section.	102359

(b) For fiscal years ending in odd-numbered calendar years,	102360
the maximum rate for each peer group is the group's maximum rate	102361
for the previous fiscal year, adjusted for the inflation rate	102362
estimated under division (C)(2) of this section.	102363

(2) The maximum rate for indirect care costs for each peer	102364
group of intermediate care facilities for the mentally retarded	102365
with eight or fewer beds specified in rules adopted under division	102366
(D) of this section shall be determined as follows:	102367

(a) For fiscal years ending in even-numbered calendar years,	102368
the maximum rate for each peer group shall be the rate that is no	102369
less than ten and three-tenths per cent above the median	102370
desk-reviewed, actual, allowable, per diem indirect care cost for	102371
all intermediate care facilities for the mentally retarded with	102372
eight or fewer beds in the group, excluding facilities in the	102373
group whose indirect care costs are more than three standard	102374
deviations from the mean desk-reviewed, actual, allowable, per	102375
diem indirect care cost for all intermediate care facilities for	102376
the mentally retarded with eight or fewer beds, for the calendar	102377
year preceding the fiscal year in which the rate will be paid,	102378
adjusted by the inflation rate estimated under division (C)(1) of	102379
this section.	102380

(b) For fiscal years that end in odd-numbered calendar years,	102381
the maximum rate for each peer group is the group's maximum rate	102382
for the previous fiscal year, adjusted for the inflation rate	102383
estimated under division (C)(2) of this section.	102384

(3) The department shall not recalculate a maximum rate for	102385
indirect care costs under division (B)(1) or (2) of this section	102386
based on additional information that it receives after the maximum	102387
rate is set. The department shall recalculate the maximum rate for	102388
indirect care costs only if it made an error in computing the	102389
maximum rate based on the information available at the time of the	102390
original calculation.	102391

(C)(1) When adjusting rates for inflation under divisions	102392
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	102393
shall estimate the rate of inflation for the eighteen-month period	102394
beginning on the first day of July of the calendar year preceding	102395
the fiscal year in which the rate will be paid and ending on the	102396
thirty-first day of December of the fiscal year in which the rate	102397
will be paid~~, using the~~. To estimate the rate of inflation, the	102398
department shall use the following:	102399

(a) The consumer price index for all items for all urban	102400
consumers for the north central region, published by the United	102401
States bureau of labor statistics;	102402

(b) If the United States bureau of labor statistics ceases to	102403
publish the index specified in division (C)(1)(a) of this section,	102404
a comparable index that the bureau publishes and the department	102405
determines is appropriate.	102406

(2) When adjusting rates for inflation under divisions	102407
(B)(1)(b) and (B)(2)(b) of this section, the department shall	102408
estimate the rate of inflation for the twelve-month period	102409
beginning on the first day of January of the fiscal year preceding	102410
the fiscal year in which the rate will be paid and ending on the	102411
thirty-first day of December of the fiscal year in which the rate	102412
will be paid~~, using the~~. To estimate the rate of inflation, the	102413
department shall use the following:	102414

(a) The consumer price index for all items for all urban	102415
consumers for the north central region, published by the United	102416
States bureau of labor statistics;	102417

(b) If the United States bureau of labor statistics ceases to	102418
publish the index specified in division (C)(2)(a) of this section,	102419
a comparable index that the bureau publishes and the department	102420
determines is appropriate.	102421

(3) If an inflation rate estimated under division (C)(1) or	102422
(2) of this section is different from the actual inflation rate	102423
for the relevant time period, as measured using the same index,	102424
the difference shall be added to or subtracted from the inflation	102425
rate estimated pursuant to this division for the following fiscal	102426
year.	102427

(D) The director of job and family services shall adopt rules	102428
under section 5111.02 of the Revised Code that specify peer groups	102429
of intermediate care facilities for the mentally retarded with	102430
more than eight beds, and peer groups of intermediate care	102431
facilities for the mentally retarded with eight or fewer beds,	102432
based on findings of significant per diem indirect care cost	102433
differences due to geography and facility bed-size. The rules also	102434
may specify peer groups based on findings of significant per diem	102435
indirect care cost differences due to other factors, including	102436
case-mix.	102437

Sec. 5111.244. (A) As used in this section, "deficiency" and	102438
"standard survey" have the same meanings as in section 5111.35 of	102439
the Revised Code.	102440

(B) ~~Each fiscal year~~Subject to division (D) of this section,	102441
the department of job and family services shall pay the provider	102442
of each nursing facility a quality incentive payment. The amount	102443
of a quality incentive payment paid to a provider ~~for a fiscal~~	102444
~~year~~ shall be based on the number of points the provider's nursing	102445
facility is awarded ~~under division (C) of this section~~ for ~~that~~	102446
~~fiscal year~~meeting accountability measures. The amount of a	102447
quality incentive payment paid to a provider of a nursing facility	102448
that is awarded no points may be zero. ~~The mean payment for fiscal~~	102449
~~year 2007, weighted by medicaid days, shall be three dollars per~~	102450
~~medicaid day. The department shall adjust the mean payment for~~	102451
~~subsequent fiscal years by the same adjustment factors the~~	102452
~~department uses to adjust, pursuant to division (B) of section~~	102453
~~5111.222 of the Revised Code, nursing facilities' rates otherwise~~	102454
~~determined under divisions (A)(1), (2), (3), and (6) of that~~	102455
~~section.~~	102456

(C)(1) Except as provided by ~~division~~divisions (C)(2) and	102457
(D) of this section, the department shall ~~annually~~ award each	102458
nursing facility participating in the medicaid program one point	102459
for each of the following accountability measures the facility	102460
meets:	102461

(a) The facility had no health deficiencies on the facility's	102462
most recent standard survey.	102463

(b) The facility had no health deficiencies with a scope and	102464
severity level greater than E, as determined under nursing	102465
facility certification standards established under Title XIX, on	102466
the facility's most recent standard survey.	102467

(c) The facility's resident satisfaction is above the	102468
statewide average.	102469

(d) The facility's family satisfaction is above the statewide	102470
average.	102471

(e) The number of hours the facility employs nurses is above	102472
the statewide average.	102473

(f) The facility's employee retention rate is above the	102474
average for the facility's peer group established in division (C)	102475
of section 5111.231 of the Revised Code.	102476

(g) The facility's occupancy rate is above the statewide	102477
average.	102478

(h) The facility's medicaid utilization rate is above the	102479
statewide average.	102480

(i) The facility's case-mix score is above the statewide	102481
average.	102482

(2) The department shall award points pursuant to division	102483
(C)(1)(c) or (d) of this section to a nursing facility only ~~for a~~	102484
~~fiscal year immediately following a calendar year for which~~if a	102485
survey of resident or family satisfaction ~~has been~~was conducted	102486
under section 173.47 of the Revised Code for the nursing facility	102487
in calendar year 2010.	102488

(D) The department shall cease to award points to nursing	102489
facilities under division (C) of this section on the earlier of	102490
the effective date of the rules adopted under division (E) of this	102491
section establishing new accountability measures and July 1, 2012.	102492
If the effective date of the rules establishing the new	102493
accountability measures is after July 1, 2012, the department	102494
shall not award any points, and therefore not pay quality	102495
incentive payments, for the period beginning July 1, 2012, and	102496
ending on the effective date of the rules. Once the rules are in	102497
effect, the department shall award each nursing facility	102498
participating in the medicaid program points in accordance with	102499
the new accountability measures established in the rules.	102500

(E) The director of job and family services shall adopt rules	102501
under section 5111.02 of the Revised Code as necessary to	102502
implement this section~~. The rules shall include~~, including rules	102503
governing the methodology for converting points awarded under this	102504
section into quality incentive payments and rules establishing the	102505
system for awarding points under division (C) of this section. The	102506
director shall strive to have in effect not later than July 1,	102507
2012, rules establishing new accountability measures for the	102508
purpose of division (D) of this section. In adopting those rules,	102509
the director shall collaborate with persons interested in the	102510
issue of medicaid coverage of nursing facility services. The new	102511
accountability measures shall include measures relating to the	102512
quality of care that nursing facilities provide their residents	102513
and the residents' quality of life.	102514

Sec. 5111.25. (A) As used in this section~~, "applicable~~:

102515

(1) "Applicable calendar year" means the following:

102516

~~(1)~~(a) For the purpose of the department of job and family	102517
services' initial determination under division (D) of this section	102518
of each peer group's ~~median~~ rate for capital costs, calendar year	102519
2003;	102520

~~(2)~~(b) For the purpose of the department's ~~subsequent~~	102521
~~determinations under division (D) of this section of each peer~~	102522
~~group's median rate for capital costs~~rebasings, the calendar year	102523
the department selects.	102524

(2) "Rebasing" means a redetermination under division (D) of	102525
this section of each peer groups' rate for capital costs using	102526
information from cost reports for an applicable calendar year that	102527
is later than the applicable calendar year used for the previous	102528
determination of such rates.	102529

(B) The department of job and family services shall pay a	102530
provider for each of the provider's eligible nursing facilities a	102531
per resident per day rate for capital costs~~. A nursing facility's~~	102532
~~rate for capital costs shall be the median rate for capital costs~~	102533
~~for the nursing facilities in~~determined for the nursing	102534
facility's peer group ~~as determined~~ under division (D) of this	102535
section.	102536

(C) For the purpose of determining nursing facilities' rate	102537
for capital costs, the department shall establish six peer groups.	102538

Each nursing facility located in any of the following	102539
counties shall be placed in peer group one or two: Brown, Butler,	102540
Clermont, Clinton, Hamilton, and Warren. Each nursing facility	102541
located in any of those counties that has fewer than one hundred	102542
beds shall be placed in peer group one. Each nursing facility	102543
located in any of those counties that has one hundred or more beds	102544
shall be placed in peer group two.	102545

Each nursing facility located in any of the following	102546
counties shall be placed in peer group three or four: Ashtabula,	102547
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,	102548
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,	102549
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,	102550
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,	102551
Union, and Wood. Each nursing facility located in any of those	102552
counties that has fewer than one hundred beds shall be placed in	102553
peer group three. Each nursing facility located in any of those	102554
counties that has one hundred or more beds shall be placed in peer	102555
group four.	102556

Each nursing facility located in any of the following	102557
counties shall be placed in peer group five or six: Adams, Allen,	102558
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,	102559
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,	102560
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,	102561
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,	102562
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,	102563
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,	102564
Washington, Wayne, Williams, and Wyandot. Each nursing facility	102565
located in any of those counties that has fewer than one hundred	102566
beds shall be placed in peer group five. Each nursing facility	102567
located in any of those counties that has one hundred or more beds	102568
shall be placed in peer group six.	102569

(D)(1) ~~At least once every ten years, the~~The department	102570
shall determine the ~~median~~ rate for capital costs for each peer	102571
group established under division (C) of this section. The ~~median~~	102572
department is not required to conduct a rebasing more than once	102573
every ten years. Except as necessary to implement the amendments	102574
made by this act to this section, the rate for capital costs	102575
determined under this division for a peer group shall be used for	102576
subsequent years until the department ~~redetermines it~~conducts a	102577
rebasing. ~~To determine a~~A peer group's ~~median~~ rate for capital	102578
costs shall be the rate for capital costs determined for the	102579
nursing facility in the peer group that is at the twenty-fifth	102580
percentile of the rate for capital costs for the applicable	102581
calendar year. In identifying that nursing facility, the	102582
department shall do both of the following:	102583

(a) Subject to division (D)(2) of this section, use the	102584
greater of each nursing facility's actual inpatient days for the	102585
applicable calendar year or the inpatient days the nursing	102586
facility would have had for the applicable calendar year if its	102587
occupancy rate had been one hundred per cent.;	102588

(b) Exclude both of the following:

102589

(i) Nursing facilities that participated in the medicaid	102590
program under the same provider for less than twelve months in the	102591
applicable calendar year;	102592

(ii) Nursing facilities whose capital costs are more than one	102593
standard deviation from the mean desk-reviewed, actual, allowable,	102594
per diem capital cost for all nursing facilities in the nursing	102595
facility's peer group for the applicable calendar year.	102596

(2) For the purpose of determining a nursing facility's	102597
occupancy rate under division (D)(1)(a) of this section, the	102598
department shall include any beds that the nursing facility	102599
removes from its medicaid-certified capacity after June 30, 2005,	102600
unless the nursing facility also removes the beds from its	102601
licensed bed capacity.	102602

(3) The department shall not redetermine a peer group's rate	102603
for capital costs under this division based on additional	102604
information that it receives after the rate is determined. The	102605
department shall redetermine a peer group's rate for capital costs	102606
only if the department made an error in determining the rate based	102607
on information available to the department at the time of the	102608
original determination.	102609

(E) Buildings shall be depreciated using the straight line	102610
method over forty years or over a different period approved by the	102611
department. Components and equipment shall be depreciated using	102612
the straight-line method over a period designated in rules adopted	102613
under section 5111.02 of the Revised Code, consistent with the	102614
guidelines of the American hospital association, or over a	102615
different period approved by the department. Any rules authorized	102616
by this division that specify useful lives of buildings,	102617
components, or equipment apply only to assets acquired on or after	102618
July 1, 1993. Depreciation for costs paid or reimbursed by any	102619
government agency shall not be included in capital costs unless	102620
that part of the payment under sections 5111.20 to 5111.33 of the	102621
Revised Code is used to reimburse the government agency.	102622

(F) The capital cost basis of nursing facility assets shall	102623
be determined in the following manner:	102624

(1) Except as provided in division (F)(3) of this section,	102625
for purposes of calculating the rates to be paid for facilities	102626
with dates of licensure on or before June 30, 1993, the capital	102627
cost basis of each asset shall be equal to the desk-reviewed,	102628
actual, allowable, capital cost basis that is listed on the	102629
facility's cost report for the calendar year preceding the fiscal	102630
year during which the rate will be paid.	102631

(2) For facilities with dates of licensure after June 30,	102632
1993, the capital cost basis shall be determined in accordance	102633
with the principles of the medicare program established under	102634
Title XVIII, except as otherwise provided in sections 5111.20 to	102635
5111.33 of the Revised Code.	102636

(3) Except as provided in division (F)(4) of this section, if	102637
a provider transfers an interest in a facility to another provider	102638
after June 30, 1993, there shall be no increase in the capital	102639
cost basis of the asset if the providers are related parties or	102640
the provider to which the interest is transferred authorizes the	102641
provider that transferred the interest to continue to operate the	102642
facility under a lease, management agreement, or other	102643
arrangement. If the previous sentence does not prohibit the	102644
adjustment of the capital cost basis under this division, the	102645
basis of the asset shall be adjusted by ~~the lesser of the~~	102646
~~following:~~	102647

~~(a) One-half of the change in construction costs during the~~	102648
~~time that the transferor held the asset, as calculated by the~~	102649
~~department of job and family services using the "Dodge building~~	102650
~~cost indexes, northeastern and north central states," published by~~	102651
~~Marshall and Swift;~~	102652

~~(b) One-half~~one-half of the change in the consumer price	102653
index for all items for all urban consumers, as published by the	102654
United States bureau of labor statistics, during the time that the	102655
transferor held the asset.	102656

(4) If a provider transfers an interest in a facility to	102657
another provider who is a related party, the capital cost basis of	102658
the asset shall be adjusted as specified in division (F)(3) of	102659
this section if all of the following conditions are met:	102660

(a) The related party is a relative of owner;

102661

(b) Except as provided in division (F)(4)(c)(ii) of this	102662
section, the provider making the transfer retains no ownership	102663
interest in the facility;	102664

(c) The department of job and family services determines that	102665
the transfer is an arm's length transaction pursuant to rules	102666
adopted under section 5111.02 of the Revised Code. The rules shall	102667
provide that a transfer is an arm's length transaction if all of	102668
the following apply:	102669

(i) Once the transfer goes into effect, the provider that	102670
made the transfer has no direct or indirect interest in the	102671
provider that acquires the facility or the facility itself,	102672
including interest as an owner, officer, director, employee,	102673
independent contractor, or consultant, but excluding interest as a	102674
creditor.	102675

(ii) The provider that made the transfer does not reacquire	102676
an interest in the facility except through the exercise of a	102677
creditor's rights in the event of a default. If the provider	102678
reacquires an interest in the facility in this manner, the	102679
department shall treat the facility as if the transfer never	102680
occurred when the department calculates its reimbursement rates	102681
for capital costs.	102682

(iii) The transfer satisfies any other criteria specified in	102683
the rules.	102684

(d) Except in the case of hardship caused by a catastrophic	102685
event, as determined by the department, or in the case of a	102686
provider making the transfer who is at least sixty-five years of	102687
age, not less than twenty years have elapsed since, for the same	102688
facility, the capital cost basis was adjusted most recently under	102689
division (F)(4) of this section or actual, allowable cost of	102690
ownership was determined most recently under division (G)(9) of	102691
this section.	102692

(G) As used in this division:

102693

"Imputed interest" means the lesser of the prime rate plus	102694
two per cent or ten per cent.	102695

"Lease expense" means lease payments in the case of an	102696
operating lease and depreciation expense and interest expense in	102697
the case of a capital lease.	102698

"New lease" means a lease, to a different lessee, of a	102699
nursing facility that previously was operated under a lease.	102700

(1) Subject to division (B) of this section, for a lease of a	102701
facility that was effective on May 27, 1992, the entire lease	102702
expense is an actual, allowable capital cost during the term of	102703
the existing lease. The entire lease expense also is an actual,	102704
allowable capital cost if a lease in existence on May 27, 1992, is	102705
renewed under either of the following circumstances:	102706

(a) The renewal is pursuant to a renewal option that was in	102707
existence on May 27, 1992;	102708

(b) The renewal is for the same lease payment amount and	102709
between the same parties as the lease in existence on May 27,	102710
1992.	102711

(2) Subject to division (B) of this section, for a lease of a	102712
facility that was in existence but not operated under a lease on	102713
May 27, 1992, actual, allowable capital costs shall include the	102714
lesser of the annual lease expense or the annual depreciation	102715
expense and imputed interest expense that would be calculated at	102716
the inception of the lease using the lessor's entire historical	102717
capital asset cost basis, adjusted by ~~the lesser of the following~~	102718
~~amounts:~~	102719

~~(a) One-half of the change in construction costs during the~~	102720
~~time the lessor held each asset until the beginning of the lease,~~	102721
~~as calculated by the department using the "Dodge building cost~~	102722
~~indexes, northeastern and north central states," published by~~	102723
~~Marshall and Swift;~~	102724

~~(b) One-half~~one-half of the change in the consumer price	102725
index for all items for all urban consumers, as published by the	102726
United States bureau of labor statistics, during the time the	102727
lessor held each asset until the beginning of the lease.	102728

(3) Subject to division (B) of this section, for a lease of a	102729
facility with a date of licensure on or after May 27, 1992, that	102730
is initially operated under a lease, actual, allowable capital	102731
costs shall include the annual lease expense if there was a	102732
substantial commitment of money for construction of the facility	102733
after December 22, 1992, and before July 1, 1993. If there was not	102734
a substantial commitment of money after December 22, 1992, and	102735
before July 1, 1993, actual, allowable capital costs shall include	102736
the lesser of the annual lease expense or the sum of the	102737
following:	102738

(a) The annual depreciation expense that would be calculated	102739
at the inception of the lease using the lessor's entire historical	102740
capital asset cost basis;	102741

(b) The greater of the lessor's actual annual amortization of	102742
financing costs and interest expense at the inception of the lease	102743
or the imputed interest expense calculated at the inception of the	102744
lease using seventy per cent of the lessor's historical capital	102745
asset cost basis.	102746

(4) Subject to division (B) of this section, for a lease of a	102747
facility with a date of licensure on or after May 27, 1992, that	102748
was not initially operated under a lease and has been in existence	102749
for ten years, actual, allowable capital costs shall include the	102750
lesser of the annual lease expense or the annual depreciation	102751
expense and imputed interest expense that would be calculated at	102752
the inception of the lease using the entire historical capital	102753
asset cost basis of ~~the lessor, adjusted by the lesser of the~~	102754
~~following:~~	102755

~~(a) One-half of the change in construction costs during the~~	102756
~~time the lessor held each asset until the beginning of the lease,~~	102757
~~as calculated by the department using the "Dodge building cost~~	102758
~~indexes, northeastern and north central states," published by~~	102759
~~Marshall and Swift;~~	102760

~~(b) One-half~~one-half of the change in the consumer price	102761
index for all items for all urban consumers, as published by the	102762
United States bureau of labor statistics, during the time the	102763
lessor held each asset until the beginning of the lease.	102764

(5) Subject to division (B) of this section, for a new lease	102765
of a facility that was operated under a lease on May 27, 1992,	102766
actual, allowable capital costs shall include the lesser of the	102767
annual new lease expense or the annual old lease payment. If the	102768
old lease was in effect for ten years or longer, the old lease	102769
payment from the beginning of the old lease shall be adjusted by	102770
~~the lesser of the following:~~	102771

~~(a) One-half of the change in construction costs from the~~	102772
~~beginning of the old lease to the beginning of the new lease, as~~	102773
~~calculated by the department using the "Dodge building cost~~	102774
~~indexes, northeastern and north central states," published by~~	102775
~~Marshall and Swift;~~	102776

~~(b) One-half~~one-half of the change in the consumer price	102777
index for all items for all urban consumers, as published by the	102778
United States bureau of labor statistics, from the beginning of	102779
the old lease to the beginning of the new lease.	102780

(6) Subject to division (B) of this section, for a new lease	102781
of a facility that was not in existence or that was in existence	102782
but not operated under a lease on May 27, 1992, actual, allowable	102783
capital costs shall include the lesser of annual new lease expense	102784
or the annual amount calculated for the old lease under division	102785
(G)(2), (3), (4), or (6) of this section, as applicable. If the	102786
old lease was in effect for ten years or longer, the lessor's	102787
historical capital asset cost basis shall be ~~adjusted by the~~	102788
~~lesser of the following~~, for purposes of calculating the annual	102789
amount under division (G)(2), (3), (4), or (6) of this section:	102790

~~(a) One-half of the change in construction costs from the~~	102791
~~beginning of the old lease to the beginning of the new lease, as~~	102792
~~calculated by the department using the "Dodge building cost~~	102793
~~indexes, northeastern and north central states," published by~~	102794
~~Marshall and Swift;~~	102795

~~(b) One-half~~, adjusted by one-half of the change in the	102796
consumer price index for all items for all urban consumers, as	102797
published by the United States bureau of labor statistics, from	102798
the beginning of the old lease to the beginning of the new lease.	102799

In the case of a lease under division (G)(3) of this section	102800
of a facility for which a substantial commitment of money was made	102801
after December 22, 1992, and before July 1, 1993, the old lease	102802
payment shall be adjusted for the purpose of determining the	102803
annual amount.	102804

(7) For any revision of a lease described in division (G)(1),	102805
(2), (3), (4), (5), or (6) of this section, or for any subsequent	102806
lease of a facility operated under such a lease, other than	102807
execution of a new lease, the portion of actual, allowable capital	102808
costs attributable to the lease shall be the same as before the	102809
revision or subsequent lease.	102810

(8) Except as provided in division (G)(9) of this section, if	102811
a provider leases an interest in a facility to another provider	102812
who is a related party or previously operated the facility, the	102813
related party's or previous operator's actual, allowable capital	102814
costs shall include the lesser of the annual lease expense or the	102815
reasonable cost to the lessor.	102816

(9) If a provider leases an interest in a facility to another	102817
provider who is a related party, regardless of the date of the	102818
lease, the related party's actual, allowable capital costs shall	102819
include the annual lease expense, subject to the limitations	102820
specified in divisions (G)(1) to (7) of this section, if all of	102821
the following conditions are met:	102822

(a) The related party is a relative of owner;

102823

(b) If the lessor retains an ownership interest, it is,	102824
except as provided in division (G)(9)(c)(ii) of this section, in	102825
only the real property and any improvements on the real property;	102826

(c) The department of job and family services determines that	102827
the lease is an arm's length transaction pursuant to rules adopted	102828
under section 5111.02 of the Revised Code. The rules shall provide	102829
that a lease is an arm's length transaction if all of the	102830
following apply:	102831

(i) Once the lease goes into effect, the lessor has no direct	102832
or indirect interest in the lessee or, except as provided in	102833
division (G)(9)(b) of this section, the facility itself, including	102834
interest as an owner, officer, director, employee, independent	102835
contractor, or consultant, but excluding interest as a lessor.	102836

(ii) The lessor does not reacquire an interest in the	102837
facility except through the exercise of a lessor's rights in the	102838
event of a default. If the lessor reacquires an interest in the	102839
facility in this manner, the department shall treat the facility	102840
as if the lease never occurred when the department calculates its	102841
reimbursement rates for capital costs.	102842

(iii) The lease satisfies any other criteria specified in the	102843
rules.	102844

(d) Except in the case of hardship caused by a catastrophic	102845
event, as determined by the department, or in the case of a lessor	102846
who is at least sixty-five years of age, not less than twenty	102847
years have elapsed since, for the same facility, the capital cost	102848
basis was adjusted most recently under division (F)(4) of this	102849
section or actual, allowable capital costs were determined most	102850
recently under division (G)(9) of this section.	102851

(10) This division does not apply to leases of specific items	102852
of equipment.	102853

Sec. 5111.251. (A) The department of job and family services	102854
shall pay a provider for each of the provider's eligible	102855
intermediate care facilities for the mentally retarded for its	102856
reasonable capital costs, a per resident per day rate established	102857
prospectively each fiscal year for each intermediate care facility	102858
for the mentally retarded. Except as otherwise provided in	102859
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be	102860
based on the facility's capital costs for the calendar year	102861
preceding the fiscal year in which the rate will be paid. The rate	102862
shall equal the sum of the following:	102863

(1) The facility's desk-reviewed, actual, allowable, per diem	102864
cost of ownership for the preceding cost reporting period, limited	102865
as provided in divisions (C) and (F) of this section;	102866

(2) Any efficiency incentive determined under division (B) of	102867
this section;	102868

(3) Any amounts for renovations determined under division (D)	102869
of this section;	102870

(4) Any amounts for return on equity determined under	102871
division ~~(I)~~(H) of this section.	102872

Buildings shall be depreciated using the straight line method	102873
over forty years or over a different period approved by the	102874
department. Components and equipment shall be depreciated using	102875
the straight line method over a period designated by the director	102876
of job and family services in rules adopted under section 5111.02	102877
of the Revised Code, consistent with the guidelines of the	102878
American hospital association, or over a different period approved	102879
by the department of job and family services. Any rules authorized	102880
by this division that specify useful lives of buildings,	102881
components, or equipment apply only to assets acquired on or after	102882
July 1, 1993. Depreciation for costs paid or reimbursed by any	102883
government agency shall not be included in costs of ownership or	102884
renovation unless that part of the payment under sections 5111.20	102885
to 5111.33 of the Revised Code is used to reimburse the government	102886
agency.	102887

(B) The department of job and family services shall pay to a	102888
provider for each of the provider's eligible intermediate care	102889
facilities for the mentally retarded an efficiency incentive equal	102890
to fifty per cent of the difference between any desk-reviewed,	102891
actual, allowable cost of ownership and the applicable limit on	102892
cost of ownership payments under division (C) of this section. For	102893
purposes of computing the efficiency incentive, depreciation for	102894
costs paid or reimbursed by any government agency shall be	102895
considered as a cost of ownership, and the applicable limit under	102896
division (C) of this section shall apply both to facilities with	102897
more than eight beds and facilities with eight or fewer beds. The	102898
efficiency incentive paid to a provider for a facility with eight	102899
or fewer beds shall not exceed three dollars per patient day,	102900
adjusted annually for the inflation rate for the twelve-month	102901
period beginning on the first day of July of the calendar year	102902
preceding the calendar year that precedes the fiscal year for	102903
which the efficiency incentive is determined and ending on the	102904
thirtieth day of the following June, using the consumer price	102905
index for shelter costs for all urban consumers for the north	102906
central region, as published by the United States bureau of labor	102907
statistics.	102908

(C) Cost of ownership payments for intermediate care	102909
facilities for the mentally retarded with more than eight beds	102910
shall not exceed the following limits:	102911

(1) For facilities with dates of licensure prior to January	102912
1, l958, not exceeding two dollars and fifty cents per patient	102913
day;	102914

(2) For facilities with dates of licensure after December 31,	102915
l957, but prior to January 1, l968, not exceeding:	102916

(a) Three dollars and fifty cents per patient day if the cost	102917
of construction was three thousand five hundred dollars or more	102918
per bed;	102919

(b) Two dollars and fifty cents per patient day if the cost	102920
of construction was less than three thousand five hundred dollars	102921
per bed.	102922

(3) For facilities with dates of licensure after December 31,	102923
l967, but prior to January 1, l976, not exceeding:	102924

(a) Four dollars and fifty cents per patient day if the cost	102925
of construction was five thousand one hundred fifty dollars or	102926
more per bed;	102927

(b) Three dollars and fifty cents per patient day if the cost	102928
of construction was less than five thousand one hundred fifty	102929
dollars per bed, but exceeds three thousand five hundred dollars	102930
per bed;	102931

(c) Two dollars and fifty cents per patient day if the cost	102932
of construction was three thousand five hundred dollars or less	102933
per bed.	102934

(4) For facilities with dates of licensure after December 31,	102935
l975, but prior to January 1, l979, not exceeding:	102936

(a) Five dollars and fifty cents per patient day if the cost	102937
of construction was six thousand eight hundred dollars or more per	102938
bed;	102939

(b) Four dollars and fifty cents per patient day if the cost	102940
of construction was less than six thousand eight hundred dollars	102941
per bed but exceeds five thousand one hundred fifty dollars per	102942
bed;	102943

(c) Three dollars and fifty cents per patient day if the cost	102944
of construction was five thousand one hundred fifty dollars or	102945
less per bed, but exceeds three thousand five hundred dollars per	102946
bed;	102947

(d) Two dollars and fifty cents per patient day if the cost	102948
of construction was three thousand five hundred dollars or less	102949
per bed.	102950

(5) For facilities with dates of licensure after December 31,	102951
l978, but prior to January 1, l980, not exceeding:	102952

(a) Six dollars per patient day if the cost of construction	102953
was seven thousand six hundred twenty-five dollars or more per	102954
bed;	102955

(b) Five dollars and fifty cents per patient day if the cost	102956
of construction was less than seven thousand six hundred	102957
twenty-five dollars per bed but exceeds six thousand eight hundred	102958
dollars per bed;	102959

(c) Four dollars and fifty cents per patient day if the cost	102960
of construction was six thousand eight hundred dollars or less per	102961
bed but exceeds five thousand one hundred fifty dollars per bed;	102962

(d) Three dollars and fifty cents per patient day if the cost	102963
of construction was five thousand one hundred fifty dollars or	102964
less but exceeds three thousand five hundred dollars per bed;	102965

(e) Two dollars and fifty cents per patient day if the cost	102966
of construction was three thousand five hundred dollars or less	102967
per bed.	102968

(6) For facilities with dates of licensure after December 31,	102969
1979, but prior to January 1, 1981, not exceeding:	102970

(a) Twelve dollars per patient day if the beds were	102971
originally licensed as residential facility beds by the department	102972
of developmental disabilities;	102973

(b) Six dollars per patient day if the beds were originally	102974
licensed as nursing home beds by the department of health.	102975

(7) For facilities with dates of licensure after December 31,	102976
1980, but prior to January 1, 1982, not exceeding:	102977

(a) Twelve dollars per patient day if the beds were	102978
originally licensed as residential facility beds by the department	102979
of developmental disabilities;	102980

(b) Six dollars and forty-five cents per patient day if the	102981
beds were originally licensed as nursing home beds by the	102982
department of health.	102983

(8) For facilities with dates of licensure after December 31,	102984
1981, but prior to January 1, 1983, not exceeding:	102985

(a) Twelve dollars per patient day if the beds were	102986
originally licensed as residential facility beds by the department	102987
of developmental disabilities;	102988

(b) Six dollars and seventy-nine cents per patient day if the	102989
beds were originally licensed as nursing home beds by the	102990
department of health.	102991

(9) For facilities with dates of licensure after December 31,	102992
1982, but prior to January 1, 1984, not exceeding:	102993

(a) Twelve dollars per patient day if the beds were	102994
originally licensed as residential facility beds by the department	102995
of developmental disabilities;	102996

(b) Seven dollars and nine cents per patient day if the beds	102997
were originally licensed as nursing home beds by the department of	102998
health.	102999

(10) For facilities with dates of licensure after December	103000
31, 1983, but prior to January 1, 1985, not exceeding:	103001

(a) Twelve dollars and twenty-four cents per patient day if	103002
the beds were originally licensed as residential facility beds by	103003
the department of developmental disabilities;	103004

(b) Seven dollars and twenty-three cents per patient day if	103005
the beds were originally licensed as nursing home beds by the	103006
department of health.	103007

(11) For facilities with dates of licensure after December	103008
31, 1984, but prior to January 1, 1986, not exceeding:	103009

(a) Twelve dollars and fifty-three cents per patient day if	103010
the beds were originally licensed as residential facility beds by	103011
the department of developmental disabilities;	103012

(b) Seven dollars and forty cents per patient day if the beds	103013
were originally licensed as nursing home beds by the department of	103014
health.	103015

(12) For facilities with dates of licensure after December	103016
31, 1985, but prior to January 1, 1987, not exceeding:	103017

(a) Twelve dollars and seventy cents per patient day if the	103018
beds were originally licensed as residential facility beds by the	103019
department of developmental disabilities;	103020

(b) Seven dollars and fifty cents per patient day if the beds	103021
were originally licensed as nursing home beds by the department of	103022
health.	103023

(13) For facilities with dates of licensure after December	103024
31, 1986, but prior to January 1, 1988, not exceeding:	103025

(a) Twelve dollars and ninety-nine cents per patient day if	103026
the beds were originally licensed as residential facility beds by	103027
the department of developmental disabilities;	103028

(b) Seven dollars and sixty-seven cents per patient day if	103029
the beds were originally licensed as nursing home beds by the	103030
department of health.	103031

(14) For facilities with dates of licensure after December	103032
31, 1987, but prior to January 1, 1989, not exceeding thirteen	103033
dollars and twenty-six cents per patient day;	103034

(15) For facilities with dates of licensure after December	103035
31, 1988, but prior to January 1, 1990, not exceeding thirteen	103036
dollars and forty-six cents per patient day;	103037

(16) For facilities with dates of licensure after December	103038
31, 1989, but prior to January 1, 1991, not exceeding thirteen	103039
dollars and sixty cents per patient day;	103040

(17) For facilities with dates of licensure after December	103041
31, 1990, but prior to January 1, 1992, not exceeding thirteen	103042
dollars and forty-nine cents per patient day;	103043

(18) For facilities with dates of licensure after December	103044
31, 1991, but prior to January 1, 1993, not exceeding thirteen	103045
dollars and sixty-seven cents per patient day;	103046

(19) For facilities with dates of licensure after December	103047
31, 1992, not exceeding fourteen dollars and twenty-eight cents	103048
per patient day.	103049

(D) Beginning January 1, 1981, regardless of the original	103050
date of licensure, the department of job and family services shall	103051
pay a rate for the per diem capitalized costs of renovations to	103052
intermediate care facilities for the mentally retarded made after	103053
January 1, l981, not exceeding six dollars per patient day using	103054
1980 as the base year and adjusting the amount annually until June	103055
30, 1993, for fluctuations in construction costs calculated by the	103056
department using the "Dodge building cost indexes, northeastern	103057
and north central states," published by Marshall and Swift. The	103058
payment provided for in this division is the only payment that	103059
shall be made for the capitalized costs of a nonextensive	103060
renovation of an intermediate care facility for the mentally	103061
retarded. Nonextensive renovation costs shall not be included in	103062
cost of ownership, and a nonextensive renovation shall not affect	103063
the date of licensure for purposes of division (C) of this	103064
section. This division applies to nonextensive renovations	103065
regardless of whether they are made by an owner or a lessee. If	103066
the tenancy of a lessee that has made renovations ends before the	103067
depreciation expense for the renovation costs has been fully	103068
reported, the former lessee shall not report the undepreciated	103069
balance as an expense.	103070

For a nonextensive renovation to qualify for payment under	103071
this division, both of the following conditions must be met:	103072

(1) At least five years have elapsed since the date of	103073
licensure or date of an extensive renovation of the portion of the	103074
facility that is proposed to be renovated, except that this	103075
condition does not apply if the renovation is necessary to meet	103076
the requirements of federal, state, or local statutes, ordinances,	103077
rules, or policies.	103078

(2) The provider has obtained prior approval from the	103079
department of job and family services. The provider shall submit a	103080
plan that describes in detail the changes in capital assets to be	103081
accomplished by means of the renovation and the timetable for	103082
completing the project. The time for completion of the project	103083
shall be no more than eighteen months after the renovation begins.	103084
The director of job and family services shall adopt rules under	103085
section 5111.02 of the Revised Code that specify criteria and	103086
procedures for prior approval of renovation projects. No provider	103087
shall separate a project with the intent to evade the	103088
characterization of the project as a renovation or as an extensive	103089
renovation. No provider shall increase the scope of a project	103090
after it is approved by the department of job and family services	103091
unless the increase in scope is approved by the department.	103092

(E) The amounts specified in divisions (C) and (D) of this	103093
section shall be adjusted beginning July 1, 1993, for the	103094
estimated inflation for the twelve-month period beginning on the	103095
first day of July of the calendar year preceding the calendar year	103096
that precedes the fiscal year for which rate will be paid and	103097
ending on the thirtieth day of the following June, using the	103098
consumer price index for shelter costs for all urban consumers for	103099
the north central region, as published by the United States bureau	103100
of labor statistics.	103101

(F)(1) For facilities of eight or fewer beds that have dates	103102
of licensure or have been granted project authorization by the	103103
department of developmental disabilities before July 1, 1993, and	103104
for facilities of eight or fewer beds that have dates of licensure	103105
or have been granted project authorization after that date if the	103106
providers of the facilities demonstrate that they made substantial	103107
commitments of funds on or before that date, cost of ownership	103108
shall not exceed eighteen dollars and thirty cents per resident	103109
per day. The eighteen-dollar and thirty-cent amount shall be	103110
increased by the change in the "Dodge building cost indexes,	103111
northeastern and north central states," published by Marshall and	103112
Swift, during the period beginning June 30, 1990, and ending July	103113
1, 1993, and by the change in the consumer price index for shelter	103114
costs for all urban consumers for the north central region, as	103115
published by the United States bureau of labor statistics,	103116
annually thereafter.	103117

(2) For facilities with eight or fewer beds that have dates	103118
of licensure or have been granted project authorization by the	103119
department of developmental disabilities on or after July 1, 1993,	103120
for which substantial commitments of funds were not made before	103121
that date, cost of ownership payments shall not exceed the	103122
applicable amount calculated under division (F)(1) of this	103123
section, if the department of job and family services gives prior	103124
approval for construction of the facility. If the department does	103125
not give prior approval, cost of ownership payments shall not	103126
exceed the amount specified in division (C) of this section.	103127

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	103128
section, the total payment for cost of ownership, cost of	103129
ownership efficiency incentive, and capitalized costs of	103130
renovations for an intermediate care facility for the mentally	103131
retarded with eight or fewer beds shall not exceed the sum of the	103132
limitations specified in divisions (C) and (D) of this section.	103133

(G) Notwithstanding any provision of this section or section	103134
5111.241 of the Revised Code, the director of job and family	103135
services may adopt rules under section 5111.02 of the Revised Code	103136
that provide for a calculation of a combined maximum payment limit	103137
for indirect care costs and cost of ownership for intermediate	103138
care facilities for the mentally retarded with eight or fewer	103139
beds.	103140

(H) ~~After the date on which a transaction of sale is closed,~~	103141
~~the provider shall refund to the department the amount of excess~~	103142
~~depreciation paid to the provider for the facility by the~~	103143
~~department for each year the provider has operated the facility~~	103144
~~under a provider agreement and prorated according to the number of~~	103145
~~medicaid patient days for which the provider has received payment~~	103146
~~for the facility. For the purposes of this division, "depreciation~~	103147
~~paid to the provider for the facility" means the amount paid to~~	103148
~~the provider for the intermediate care facility for the mentally~~	103149
~~retarded for cost of ownership pursuant to this section less any~~	103150
~~amount paid for interest costs. For the purposes of this division,~~	103151
~~"excess depreciation" is the intermediate care facility for the~~	103152
~~mentally retarded's depreciated basis, which is the provider's~~	103153
~~cost less accumulated depreciation, subtracted from the purchase~~	103154
~~price but not exceeding the amount of depreciation paid to the~~	103155
~~provider for the facility.~~	103156

~~(I)~~ The department of job and family services shall pay a	103157
provider for each of the provider's eligible proprietary	103158
intermediate care facilities for the mentally retarded a return on	103159
the facility's net equity computed at the rate of one and one-half	103160
times the average of interest rates on special issues of public	103161
debt obligations issued to the federal hospital insurance trust	103162
fund for the cost reporting period. No facility's return on net	103163
equity paid under this division shall exceed one dollar per	103164
patient day.	103165

In calculating the rate for return on net equity, the	103166
department shall use the greater of the facility's inpatient days	103167
during the applicable cost reporting period or the number of	103168
inpatient days the facility would have had during that period if	103169
its occupancy rate had been ninety-five per cent.	103170

~~(J)~~(I)(1) Except as provided in division ~~(J)~~(I)(2) of this	103171
section, if a provider leases or transfers an interest in a	103172
facility to another provider who is a related party, the related	103173
party's allowable cost of ownership shall include the lesser of	103174
the following:	103175

(a) The annual lease expense or actual cost of ownership,	103176
whichever is applicable;	103177

(b) The reasonable cost to the lessor or provider making the	103178
transfer.	103179

(2) If a provider leases or transfers an interest in a	103180
facility to another provider who is a related party, regardless of	103181
the date of the lease or transfer, the related party's allowable	103182
cost of ownership shall include the annual lease expense or actual	103183
cost of ownership, whichever is applicable, subject to the	103184
limitations specified in divisions (B) to ~~(I)~~(H) of this section,	103185
if all of the following conditions are met:	103186

(a) The related party is a relative of owner;

103187

(b) In the case of a lease, if the lessor retains any	103188
ownership interest, it is, except as provided in division	103189
~~(J)~~(I)(2)(d)(ii) of this section, in only the real property and	103190
any improvements on the real property;	103191

(c) In the case of a transfer, the provider making the	103192
transfer retains, except as provided in division ~~(J)~~(I)(2)(d)(iv)	103193
of this section, no ownership interest in the facility;	103194

(d) The department of job and family services determines that	103195
the lease or transfer is an arm's length transaction pursuant to	103196
rules adopted under section 5111.02 of the Revised Code. The rules	103197
shall provide that a lease or transfer is an arm's length	103198
transaction if all of the following, as applicable, apply:	103199

(i) In the case of a lease, once the lease goes into effect,	103200
the lessor has no direct or indirect interest in the lessee or,	103201
except as provided in division ~~(J)~~(I)(2)(b) of this section, the	103202
facility itself, including interest as an owner, officer,	103203
director, employee, independent contractor, or consultant, but	103204
excluding interest as a lessor.	103205

(ii) In the case of a lease, the lessor does not reacquire an	103206
interest in the facility except through the exercise of a lessor's	103207
rights in the event of a default. If the lessor reacquires an	103208
interest in the facility in this manner, the department shall	103209
treat the facility as if the lease never occurred when the	103210
department calculates its reimbursement rates for capital costs.	103211

(iii) In the case of a transfer, once the transfer goes into	103212
effect, the provider that made the transfer has no direct or	103213
indirect interest in the provider that acquires the facility or	103214
the facility itself, including interest as an owner, officer,	103215
director, employee, independent contractor, or consultant, but	103216
excluding interest as a creditor.	103217

(iv) In the case of a transfer, the provider that made the	103218
transfer does not reacquire an interest in the facility except	103219
through the exercise of a creditor's rights in the event of a	103220
default. If the provider reacquires an interest in the facility in	103221
this manner, the department shall treat the facility as if the	103222
transfer never occurred when the department calculates its	103223
reimbursement rates for capital costs.	103224

(v) The lease or transfer satisfies any other criteria	103225
specified in the rules.	103226

(e) Except in the case of hardship caused by a catastrophic	103227
event, as determined by the department, or in the case of a lessor	103228
or provider making the transfer who is at least sixty-five years	103229
of age, not less than twenty years have elapsed since, for the	103230
same facility, allowable cost of ownership was determined most	103231
recently under this division.	103232

Sec. 5111.254. (A) The department of job and family services	103233
shall establish initial rates for a nursing facility with a first	103234
date of licensure that is on or after July 1, 2006, including a	103235
facility that replaces one or more existing facilities, or for a	103236
nursing facility with a first date of licensure before that date	103237
that was initially certified for the medicaid program on or after	103238
that date, in the following manner:	103239

(1) The rate for direct care costs shall be the product of	103240
the cost per case-mix unit determined under division (D) of	103241
section 5111.231 of the Revised Code for the facility's peer group	103242
and the nursing facility's case-mix score. For the purpose of	103243
division (A)(1) of this section, the nursing facility's case-mix	103244
score shall be the following:	103245

(a) Unless the nursing facility replaces an existing nursing	103246
facility that participated in the medicaid program immediately	103247
before the replacement nursing facility begins participating in	103248
the medicaid program, the median annual average case-mix score for	103249
the nursing facility's peer group;	103250

(b) If the nursing facility replaces an existing nursing	103251
facility that participated in the medicaid program immediately	103252
before the replacement nursing facility begins participating in	103253
the medicaid program, the semiannual case-mix score most recently	103254
determined under section 5111.232 of the Revised Code for the	103255
replaced nursing facility as adjusted, if necessary, to reflect	103256
any difference in the number of beds in the replaced and	103257
replacement nursing facilities.	103258

(2) The rate for ancillary and support costs shall be the	103259
rate for the facility's peer group determined under division (D)	103260
of section 5111.24 of the Revised Code.	103261

(3) The rate for capital costs shall be the ~~median~~ rate for	103262
the facility's peer group determined under division (D) of section	103263
5111.25 of the Revised Code.	103264

(4) The rate for tax costs as defined in section 5111.242 of	103265
the Revised Code shall be the median rate for tax costs for the	103266
facility's peer group in which the facility is placed under	103267
division (C) of section 5111.24 of the Revised Code.	103268

(5) The quality incentive payment, if any, shall be the mean	103269
payment ~~specified in division (B) of~~made to nursing facilities	103270
under section 5111.244 of the Revised Code.	103271

(B) Subject to division (C) of this section, the department	103272
shall adjust the rates established under division (A) of this	103273
section effective the first day of July, to reflect new rate	103274
calculations for all nursing facilities under sections 5111.20 to	103275
5111.33 of the Revised Code.	103276

(C) If a rate for direct care costs is determined under this	103277
section for a nursing facility using the median annual average	103278
case-mix score for the nursing facility's peer group, the rate	103279
shall be redetermined to reflect the replacement nursing	103280
facility's actual semiannual case-mix score determined under	103281
section 5111.232 of the Revised Code after the nursing facility	103282
submits its first two quarterly assessment data that qualify for	103283
use in calculating a case-mix score in accordance with rules	103284
authorized by division (E) of section 5111.232 of the Revised	103285
Code. If the nursing facility's quarterly submissions do not	103286
qualify for use in calculating a case-mix score, the department	103287
shall continue to use the median annual average case-mix score for	103288
the nursing facility's peer group in lieu of the nursing	103289
facility's semiannual case-mix score until the nursing facility	103290
submits two consecutive quarterly assessment data that qualify for	103291
use in calculating a case-mix score.	103292

Sec. 5111.258. (A) Notwithstanding sections 5111.20 to	103293
5111.33 of the Revised Code (except section 5111.259 of the	103294
Revised Code), the director of job and family services shall adopt	103295
rules under section 5111.02 of the Revised Code that establish a	103296
methodology for calculating the prospective rates that will be	103297
paid each fiscal year to a provider for each of the provider's	103298
eligible nursing facilities and intermediate care facilities for	103299
the mentally retarded, and discrete units of the provider's	103300
nursing facilities or intermediate care facilities for the	103301
mentally retarded, that serve residents who have diagnoses or	103302
special care needs that require direct care resources that are not	103303
measured adequately by the applicable assessment instrument	103304
specified in rules authorized by section 5111.232 of the Revised	103305
Code, or who have diagnoses or special care needs specified in the	103306
rules as otherwise qualifying for consideration under this	103307
section. The facilities and units of facilities whose rates are	103308
established under this division may include, but shall not be	103309
limited to, any of the following:	103310

(1) In the case of nursing facilities, facilities and units	103311
of facilities that serve medically fragile pediatric residents,	103312
residents who are dependent on ventilators, or residents who have	103313
severe traumatic brain injury, end-stage Alzheimer's disease, or	103314
end-stage acquired immunodeficiency syndrome;	103315

(2) In the case of intermediate care facilities for the	103316
mentally retarded, facilities and units of facilities that serve	103317
residents who have complex medical conditions or severe behavioral	103318
problems.	103319

The department shall use the methodology established under	103320
this division to pay for services rendered by such facilities and	103321
units after June 30, 1993.	103322

The rules authorized by this division shall specify the	103323
criteria and procedures the department will apply when designating	103324
facilities and units that qualify for calculation of rates under	103325
this division. The criteria shall include consideration of whether	103326
all of the allowable costs of the facility or unit would be paid	103327
by rates established under sections 5111.20 to 5111.33 of the	103328
Revised Code, and shall establish a minimum bed size for a	103329
facility or unit to qualify to have its rates established under	103330
this division. The criteria shall not be designed to require that	103331
residents be served only in facilities located in large cities.	103332
The methodology established by the rules shall consider the	103333
historical costs of providing care to the residents of the	103334
facilities or units.	103335

The rules may require that a facility designated under this	103336
division or containing a unit designated under this division	103337
receive authorization from the department to admit or retain a	103338
resident to the facility or unit and shall specify the criteria	103339
and procedures the department will apply when granting that	103340
authorization.	103341

Notwithstanding any other provision of sections 5111.20 to	103342
5111.33 of the Revised Code (except section 5111.259 of the	103343
Revised Code), the costs incurred by facilities or units whose	103344
rates are established under this division shall not be considered	103345
in establishing payment rates for other facilities or units.	103346

(B) The director may adopt rules under section 5111.02 of the	103347
Revised Code under which the department, notwithstanding any other	103348
provision of sections 5111.20 to 5111.33 of the Revised Code	103349
(except section 5111.259 of the Revised Code), may adjust the	103350
rates determined under sections 5111.20 to 5111.33 of the Revised	103351
Code for a facility that serves a resident who has a diagnosis or	103352
special care need that, in the rules authorized by division (A) of	103353
this section, would qualify a facility or unit of a facility to	103354
have its rate determined under that division, but who is not in	103355
such a unit. The rules may require that a facility that qualifies	103356
for a rate adjustment under this division receive authorization	103357
from the department to admit or retain a resident who qualifies	103358
the facility for the rate adjustment and shall specify the	103359
criteria and procedures the department will apply when granting	103360
that authorization.	103361

Sec. 5111.259. The director of job and family services may	103362
submit a request to the United States secretary of health and	103363
human services for approval to establish a centers of excellence	103364
component of the medicaid program. The purpose of the centers of	103365
excellence component is to increase the efficiency and quality of	103366
nursing facility services provided to medicaid recipients with	103367
complex nursing facility service needs. If federal approval for	103368
the centers of excellence component is granted, the director may	103369
adopt rules under section 5111.02 of the Revised Code governing	103370
the component, including rules that establish a method of	103371
determining the medicaid reimbursement rates for nursing	103372
facilities providing nursing facility services to medicaid	103373
recipients participating in the component. The rules may specify	103374
the extent to which, if any, of the provisions of section 5111.258	103375
of the Revised Code are to apply to the centers of excellence	103376
component. If such rules are adopted, the nursing facilities that	103377
provide nursing facility services to medicaid recipients	103378
participating in the centers of excellence component shall be paid	103379
for those services in accordance with the method established in	103380
the rules notwithstanding anything to the contrary in sections	103381
5111.20 to 5111.33 of the Revised Code.	103382

Sec. 5111.261. (A) Except as provided in division (B) of	103383
this section and not later than three years after a provider files	103384
a cost report with the department of job and family services under	103385
section 5111.26 of the Revised Code, the provider may amend the	103386
cost report if the provider discovers a material error in the cost	103387
report or additional information to be included in the cost	103388
report. The department shall review the amended cost report for	103389
accuracy and notify the provider of its determination.	103390

(B) A provider may not amend a cost report if the department	103391
has notified the provider that an audit of the cost report or a	103392
cost report of the provider for a subsequent cost reporting period	103393
is to be conducted under section 5111.27 of the Revised Code. The	103394
provider may, however, provide the department information that	103395
affects the costs included in the cost report. Such information	103396
may not be provided after the adjudication of the final settlement	103397
of the cost report.	103398

~~Sec. 5111.261.~~ Sec. 5111.263. Except as otherwise provided in	103399
section 5111.264 of the Revised Code, the department of job and	103400
family services, in determining whether an intermediate care	103401
facility for the mentally retarded's direct care costs and	103402
indirect care costs are allowable, shall place no limit on	103403
specific categories of reasonable costs other than compensation of	103404
owners, compensation of relatives of owners, and compensation of	103405
administrators.	103406

Compensation cost limits for owners and relatives of owners	103407
shall be based on compensation costs for individuals who hold	103408
comparable positions but who are not owners or relatives of	103409
owners, as reported on facility cost reports. As used in this	103410
section, "comparable position" means the position that is held by	103411
the owner or the owner's relative, if that position is listed	103412
separately on the cost report form, or if the position is not	103413
listed separately, the group of positions that is listed on the	103414
cost report form and that includes the position held by the owner	103415
or the owner's relative. In the case of an owner or owner's	103416
relative who serves the facility in a capacity such as corporate	103417
officer, proprietor, or partner for which no comparable position	103418
or group of positions is listed on the cost report form, the	103419
compensation cost limit shall be based on civil service	103420
equivalents and shall be specified in rules adopted under section	103421
5111.02 of the Revised Code.	103422

Compensation cost limits for administrators shall be based on	103423
compensation costs for administrators who are not owners or	103424
relatives of owners, as reported on facility cost reports.	103425
Compensation cost limits for administrators of four or more	103426
intermediate care facilities for the mentally retarded shall be	103427
the same as the limits for administrators of intermediate care	103428
facilities for the mentally retarded with one hundred fifty or	103429
more beds.	103430

Sec. 5111.27. (A) The department of job and family services	103431
shall conduct a desk review of each cost report it receives under	103432
section 5111.26 of the Revised Code. Based on the desk review, the	103433
department shall make a preliminary determination of whether the	103434
reported costs are allowable costs. The department shall notify	103435
each provider of whether any of the reported costs are	103436
preliminarily determined not to be allowable, the rate calculation	103437
under sections 5111.20 to 5111.33 of the Revised Code that results	103438
from that determination, and the reasons for the determination and	103439
resulting rate. The department shall allow the provider to verify	103440
the calculation and submit additional information.	103441

(B) The department may conduct an audit, as defined by rule	103442
adopted under section 5111.02 of the Revised Code, of any cost	103443
report ~~and shall notify the provider of its findings.~~	103444

~~Audits shall be conducted by auditors under contract with or~~	103445
~~employed by the department~~. The decision whether to conduct an	103446
audit and the scope of the audit, which may be a desk or field	103447
audit, ~~shall~~may be determined based on prior performance of the	103448
provider ~~and may be based on~~, a risk analysis, or other evidence	103449
that gives the department reason to believe that the provider has	103450
reported costs improperly. A desk or field audit may be performed	103451
annually, but is required whenever a provider does not pass the	103452
risk analysis tolerance factors. An audit shall be conducted by	103453
auditors under contract with or employed by the department. The	103454
department shall notify a provider of the findings of an audit by	103455
issuing an audit report. The department shall issue the audit	103456
report no later than three years after the cost report is filed,	103457
or upon the completion of a desk or field audit on the report or a	103458
report for a subsequent cost reporting period, whichever is	103459
earlier. ~~During the time within which the department may issue an~~	103460
~~audit report, the provider may amend the cost report upon~~	103461
~~discovery of a material error or material additional information.~~	103462
~~The department shall review the amended cost report for accuracy~~	103463
~~and notify the provider of its determination.~~	103464

The department may establish a contract for the auditing of	103465
facilities by outside firms. Each contract entered into by bidding	103466
shall be effective for one to two years. The department shall	103467
establish an audit manual and program which shall require that all	103468
field audits, conducted either pursuant to a contract or by	103469
department employees:	103470

(1) Comply with the applicable rules prescribed pursuant to	103471
Titles XVIII and XIX;	103472

(2) Consider generally accepted auditing standards prescribed	103473
by the American institute of certified public accountants;	103474

(3) Include a written summary as to whether the costs	103475
included in the report examined during the audit are allowable and	103476
are presented ~~fairly~~ in accordance with ~~generally accepted~~	103477
~~accounting principles and department rules~~state and federal laws	103478
and regulations, and whether, in all material respects, allowable	103479
costs are documented, reasonable, and related to patient care;	103480

(4) Are conducted by accounting firms or auditors who, during	103481
the period of the auditors' professional engagement or employment	103482
and during the period covered by the cost reports, do not have nor	103483
are committed to acquire any direct or indirect financial interest	103484
in the ownership, financing, or operation of a nursing facility or	103485
intermediate care facility for the mentally retarded in this	103486
state;	103487

(5) Are conducted by accounting firms or auditors who, as a	103488
condition of the contract or employment, shall not audit any	103489
facility that has been a client of the firm or auditor;	103490

(6) Are conducted by auditors who are otherwise independent	103491
as determined by the standards of independence ~~established by~~	103492
included in the ~~American institute of certified public accountants~~	103493
government auditing standards produced by the United States	103494
government accountability office;	103495

(7) Are completed within the time period specified by the	103496
department;	103497

(8) Provide to the provider complete written interpretations	103498
that explain in detail the application of all relevant contract	103499
provisions, regulations, auditing standards, rate formulae, and	103500
departmental policies, with explanations and examples, that are	103501
sufficient to permit the provider to calculate with reasonable	103502
certainty those costs that are allowable and the rate to which the	103503
provider's facility is entitled.	103504

For the purposes of division (B)(4) of this section,	103505
employment of a member of an auditor's family by a nursing	103506
facility or intermediate care facility for the mentally retarded	103507
that the auditor does not review does not constitute a direct or	103508
indirect financial interest in the ownership, financing, or	103509
operation of the facility.	103510

(C) The department, pursuant to rules adopted under section	103511
5111.02 of the Revised Code, may conduct an exception review of	103512
assessment data submitted under section 5111.232 of the Revised	103513
Code. The department may conduct an exception review based on the	103514
findings of a certification survey conducted by the department of	103515
health, a risk analysis, or prior performance of the provider.	103516

Exception reviews shall be conducted at the facility by	103517
appropriate health professionals under contract with or employed	103518
by the department of job and family services. The professionals	103519
may review resident assessment forms and supporting documentation,	103520
conduct interviews, and observe residents to identify any patterns	103521
or trends of inaccurate assessments and resulting inaccurate	103522
case-mix scores.	103523

The rules shall establish an exception review program that	103524
requires that exception reviews do all of the following:	103525

(1) Comply with Titles XVIII and XIX;

103526

(2) Provide a written summary that states whether the	103527
resident assessment forms have been completed accurately;	103528

(3) Are conducted by health professionals who, during the	103529
period of their professional engagement or employment with the	103530
department, neither have nor are committed to acquire any direct	103531
or indirect financial interest in the ownership, financing, or	103532
operation of a nursing facility or intermediate care facility for	103533
the mentally retarded in this state;	103534

(4) Are conducted by health professionals who, as a condition	103535
of their engagement or employment with the department, shall not	103536
review any provider that has been a client of the professional.	103537

For the purposes of division (C)(3) of this section,	103538
employment of a member of a health professional's family by a	103539
nursing facility or intermediate care facility for the mentally	103540
retarded that the professional does not review does not constitute	103541
a direct or indirect financial interest in the ownership,	103542
financing, or operation of the facility.	103543

If an exception review is conducted before the effective date	103544
of the rate that is based on the case-mix data subject to the	103545
review and the review results in findings that exceed tolerance	103546
levels specified in the rules adopted under this division, the	103547
department, in accordance with those rules, may use the findings	103548
to recalculate individual resident case-mix scores, quarterly	103549
average facility case-mix scores, and annual average facility	103550
case-mix scores. The department may use the recalculated quarterly	103551
and annual facility average case-mix scores to calculate the	103552
facility's rate for direct care costs for the appropriate calendar	103553
quarter or quarters.	103554

(D) The department shall prepare a written summary of any	103555
audit disallowance or exception review finding that is made after	103556
the effective date of the rate that is based on the cost or	103557
case-mix data. Where the provider is pursuing judicial or	103558
administrative remedies in good faith regarding the disallowance	103559
or finding, the department shall not withhold from the provider's	103560
current payments any amounts the department claims to be due from	103561
the provider pursuant to section 5111.28 of the Revised Code.	103562

(E) The department shall not reduce rates calculated under	103563
sections 5111.20 to 5111.33 of the Revised Code on the basis that	103564
the provider charges a lower rate to any resident who is not	103565
eligible for the medicaid program.	103566

(F) The department shall adjust the rates calculated under	103567
sections 5111.20 to 5111.33 of the Revised Code to account for	103568
reasonable additional costs that must be incurred by intermediate	103569
care facilities for the mentally retarded to comply with	103570
requirements of federal or state statutes, rules, or policies	103571
enacted or amended after January 1, 1992, or with orders issued by	103572
state or local fire authorities.	103573

Sec. 5111.28. (A) If a provider properly amends its cost	103574
report under section ~~5111.27~~5111.261 of the Revised Code and the	103575
amended report shows that the provider received a lower rate under	103576
the original cost report than it was entitled to receive, the	103577
department of job and family services shall adjust the provider's	103578
rate prospectively to reflect the corrected information. The	103579
department shall pay the adjusted rate beginning two months after	103580
the first day of the month after the provider files the amended	103581
cost report. If the department finds, from an exception review of	103582
resident assessment information conducted after the effective date	103583
of the rate for direct care costs that is based on the assessment	103584
information, that inaccurate assessment information resulted in	103585
the provider receiving a lower rate than it was entitled to	103586
receive, the department prospectively shall adjust the provider's	103587
rate accordingly and shall make payments using the adjusted rate	103588
for the remainder of the calendar quarter for which the assessment	103589
information is used to determine the rate, beginning one month	103590
after the first day of the month after the exception review is	103591
completed.	103592

(B) If the provider properly amends its cost report under	103593
section ~~5111.27~~5111.261 of the Revised Code, the department makes	103594
a finding based on an audit under ~~that~~ section 5111.27 of the	103595
Revised Code, or the department makes a finding based on an	103596
exception review of resident assessment information conducted	103597
under ~~that~~ section 5111.27 of the Revised Code after the effective	103598
date of the rate for direct care costs that is based on the	103599
assessment information, any of which results in a determination	103600
that the provider has received a higher rate than it was entitled	103601
to receive, the department shall recalculate the provider's rate	103602
using the revised information. The department shall apply the	103603
recalculated rate to the periods when the provider received the	103604
incorrect rate to determine the amount of the overpayment. The	103605
provider shall refund the amount of the overpayment.	103606

In addition to requiring a refund under this division, the	103607
department may charge the provider interest at the applicable rate	103608
specified in this division from the time the overpayment was made.	103609

(1) If the overpayment resulted from costs reported for	103610
calendar year 1993, the interest shall be no greater than one and	103611
one-half times the average bank prime rate.	103612

(2) If the overpayment resulted from costs reported for	103613
subsequent calendar years:	103614

(a) The interest shall be no greater than two times the	103615
average bank prime rate if the overpayment was equal to or less	103616
than one per cent of the total medicaid payments to the provider	103617
for the fiscal year for which the incorrect information was used	103618
to establish a rate.	103619

(b) The interest shall be no greater than two and one-half	103620
times the current average bank prime rate if the overpayment was	103621
greater than one per cent of the total medicaid payments to the	103622
provider for the fiscal year for which the incorrect information	103623
was used to establish a rate.	103624

103625

(1) If a provider does not furnish invoices or other	103626
documentation that the department requests during an audit within	103627
sixty days after the request, no more than the greater of one	103628
thousand dollars per audit or twenty-five per cent of the	103629
cumulative amount by which the costs for which documentation was	103630
not furnished increased the total medicaid payments to the	103631
provider during the fiscal year for which the costs were used to	103632
establish a rate;	103633

(2) If an exiting operator or owner fails to provide notice	103634
of a facility closure, voluntary termination, or voluntary	103635
withdrawal of participation in the medicaid program as required by	103636
section 5111.66 of the Revised Code, or an exiting operator or	103637
owner and entering operator fail to provide notice of a change of	103638
operator as required by section 5111.67 of the Revised Code, no	103639
more than the current average bank prime rate plus four per cent	103640
of the last two monthly payments.	103641

(D) If the provider continues to participate in the medicaid	103642
program, the department shall deduct any amount that the provider	103643
is required to refund under this section, and the amount of any	103644
interest charged or penalty imposed under this section, from the	103645
next available payment from the department to the provider. The	103646
department and the provider may enter into an agreement under	103647
which the amount, together with interest, is deducted in	103648
installments from payments from the department to the provider.	103649

(E) The department shall transmit refunds and penalties to	103650
the treasurer of state for deposit in the general revenue fund.	103651

(F) For the purpose of this section, the department shall	103652
determine the average bank prime rate using statistical release	103653
H.15, "selected interest rates," a weekly publication of the	103654
federal reserve board, or any successor publication. If	103655
statistical release H.15, or its successor, ceases to contain the	103656
bank prime rate information or ceases to be published, the	103657
department shall request a written statement of the average bank	103658
prime rate from the federal reserve bank of Cleveland or the	103659
federal reserve board.	103660

Sec. 5111.33. ~~Reimbursement to a provider under sections~~	103661
~~5111.20 to 5111.32 of the Revised Code shall include payments to~~	103662
~~the provider, at a rate equal to the percentage of the per~~	103663
~~resident per day rates that the~~(A) The department of job and	103664
family services ~~has established for the provider's nursing~~	103665
~~facility or intermediate care facility for the mentally retarded~~	103666
may make payments to a provider under sections 5111.20 to 5111.33	103667
of the Revised Code ~~for the fiscal year for which the cost of~~	103668
~~services is reimbursed,~~ to reserve a bed for a recipient during a	103669
temporary absence under conditions prescribed by the department,	103670
to include hospitalization for an acute condition, visits with	103671
relatives and friends, and participation in therapeutic programs	103672
outside the facility, when the resident's plan of care provides	103673
for such absence and federal participation in the payments is	103674
available. ~~The~~	103675

(B) The maximum period ~~during~~for which payments may be made	103676
to reserve a bed shall not exceed the ~~maximum period specified~~	103677
~~under federal regulations, and shall not be more than~~following:	103678

(1) For calendar year 2011 and in the case of a bed in a	103679
nursing facility, thirty days ~~during any calendar year for~~	103680
~~hospital stays, visits with relatives and friends, and~~	103681
~~participation in therapeutic programs~~;	103682

(2) For calendar year 2012 and each calendar year thereafter	103683
and in the case of a bed in a nursing facility, fifteen days;	103684

(3) For any calendar year and in the case of a bed in an	103685
intermediate care facility for the mentally retarded, the number	103686
of days specified in rules adopted under section 5111.02 of the	103687
Revised Code. ~~Recipients who have been identified by the~~	103688
~~department as requiring the level of care of an intermediate care~~	103689
~~facility for the mentally retarded shall not be subject to a~~	103690
~~maximum period during which payments may be made to reserve a bed~~	103691
~~if prior authorization of the department is obtained for hospital~~	103692
~~stays, visits with relatives and friends, and participation in~~	103693
~~therapeutic programs. The director of job and family services~~	103694
~~shall adopt rules under section 5111.02 of the Revised Code~~	103695
~~establishing conditions under which prior authorization may be~~	103696
~~obtained.~~	103697

(C) The department shall establish the per diem rates to be	103698
paid to providers for reserving beds under this section. In	103699
establishing the per diem rates, the department shall do the	103700
following:	103701

(1) In the case of a payment to reserve a bed in a nursing	103702
facility for a day during calendar year 2011, set the per diem	103703
rate at an amount not exceeding fifty per cent of the per diem	103704
rate the provider would be paid if the recipient were not absent	103705
from the nursing facility that day;	103706

(2) In the case of a payment to reserve a bed in a nursing	103707
facility for a day during calendar year 2012 and each calendar	103708
year thereafter, set the per diem rate at an amount not exceeding	103709
twenty-five per cent of the per diem rate the provider would be	103710
paid if the recipient were not absent from the nursing facility	103711
that day;	103712

(3) In the case of a payment to reserve a bed in an	103713
intermediate care facility for the mentally retarded for a day	103714
during any calendar year, set the per diem rate at an amount equal	103715
to a percentage specified in rules adopted under section 5111.02	103716
of the Revised Code of the per diem rate the provider would be	103717
paid if the recipient were not absent from the facility that day.	103718

Sec. 5111.35. As used in this section "a resident's rights"	103719
means the rights of a nursing facility resident under sections	103720
3721.10 to 3721.17 of the Revised Code and subsection (c) of	103721
section 1819 or 1919 of the "Social Security Act," 49 Stat. 620	103722
(1935), 42 U.S.C.A. 301, as amended, and regulations issued under	103723
those subsections.	103724

As used in sections 5111.35 to 5111.62 of the Revised Code:

103725

(A) "Certification requirements" means the requirements for	103726
nursing facilities established under sections 1819 and 1919 of the	103727
"Social Security Act."	103728

(B) "Compliance" means substantially meeting all applicable	103729
certification requirements.	103730

(C) "Contracting agency" means a state agency that has	103731
entered into a contract with the department of job and family	103732
services under section 5111.38 of the Revised Code.	103733

(D)(1) "Deficiency" means a finding cited by the department	103734
of health during a survey, on the basis of one or more actions,	103735
practices, situations, or incidents occurring at a nursing	103736
facility, that constitutes a severity level three finding,	103737
severity level four finding, scope level three finding, or scope	103738
level four finding. Whenever the finding is a repeat finding,	103739
"deficiency" also includes any finding that is a severity level	103740
two and scope level one finding, a severity level two and scope	103741
level two finding, or a severity level one and scope level two	103742
finding.	103743

(2) "Cluster of deficiencies" means deficiencies that result	103744
from noncompliance with two or more certification requirements and	103745
are causing or resulting from the same action, practice,	103746
situation, or incident.	103747

(E) "Emergency" means either of the following:

103748

(1) A deficiency or cluster of deficiencies that creates a	103749
condition of immediate jeopardy;	103750

(2) An unexpected situation or sudden occurrence of a serious	103751
or urgent nature that creates a substantial likelihood that one or	103752
more residents of a nursing facility may be seriously harmed if	103753
allowed to remain in the facility, including the following:	103754

(a) A flood or other natural disaster, civil disaster, or	103755
similar event;	103756

(b) A labor strike that suddenly causes the number of staff	103757
members in a nursing facility to be below that necessary for	103758
resident care.	103759

(F) "Finding" means a finding of noncompliance with	103760
certification requirements determined by the department of health	103761
under section 5111.41 of the Revised Code.	103762

(G) "Immediate jeopardy" means that one or more residents of	103763
a nursing facility are in imminent danger of serious physical or	103764
life-threatening harm.	103765

(H) "Medicaid eligible resident" means a person who is a	103766
resident of a nursing facility, or is applying for admission to a	103767
nursing facility, and is eligible to receive financial assistance	103768
under the medical assistance program for the care the person	103769
receives in such a facility.	103770

(I) "Noncompliance" means failure to substantially meet all	103771
applicable certification requirements.	103772

(J) "Nursing facility" has the same meaning as in section	103773
5111.20 of the Revised Code.	103774

(K) "Provider" means a person, institution, or entity that	103775
furnishes nursing facility services under a medical assistance	103776
program provider agreement.	103777

(L) "Provider agreement" means a contract between the	103778
department of job and family services and a provider for the	103779
provision of nursing facility services under the medicaid program.	103780

(M) "Repeat finding" or "repeat deficiency" means a finding	103781
or deficiency cited pursuant to a survey, to which both of the	103782
following apply:	103783

(1) The finding or deficiency involves noncompliance with the	103784
same certification requirement, and the same kind of actions,	103785
practices, situations, or incidents caused by or resulting from	103786
the noncompliance, as were cited in the immediately preceding	103787
standard survey or another survey conducted subsequent to the	103788
immediately preceding standard survey of the facility. For	103789
purposes of this division, actions, practices, situations, or	103790
incidents may be of the same kind even though they involve	103791
different residents, staff, or parts of the facility.	103792

(2) The finding or deficiency is cited subsequent to a	103793
determination by the department of health that the finding or	103794
deficiency cited on the immediately preceding standard survey, or	103795
another survey conducted subsequent to the immediately preceding	103796
standard survey, had been corrected.	103797

~~(M)~~(N)(1) "Scope level one finding" means a finding of	103798
noncompliance by a nursing facility in which the actions,	103799
situations, practices, or incidents causing or resulting from the	103800
noncompliance affect one or a very limited number of facility	103801
residents and involve one or a very limited number of facility	103802
staff members.	103803

(2) "Scope level two finding" means a finding of	103804
noncompliance by a nursing facility in which the actions,	103805
situations, practices, or incidents causing or resulting from the	103806
noncompliance affect more than a limited number of facility	103807
residents or involve more than a limited number of facility staff	103808
members, but the number or percentage of facility residents	103809
affected or staff members involved and the number or frequency of	103810
the actions, situations, practices, or incidents in short	103811
succession does not establish any reasonable degree of	103812
predictability of similar actions, situations, practices, or	103813
incidents occurring in the future.	103814

(3) "Scope level three finding" means a finding of	103815
noncompliance by a nursing facility in which the actions,	103816
situations, practices, or incidents causing or resulting from the	103817
noncompliance affect more than a limited number of facility	103818
residents or involve more than a limited number of facility staff	103819
members, and the number or percentage of facility residents	103820
affected or staff members involved or the number or frequency of	103821
the actions, situations, practices, or incidents in short	103822
succession establishes a reasonable degree of predictability of	103823
similar actions, situations, practices, or incidents occurring in	103824
the future.	103825

(4) "Scope level four finding" means a finding of	103826
noncompliance by a nursing facility causing or resulting from	103827
actions, situations, practices, or incidents that involve a	103828
sufficient number or percentage of facility residents or staff	103829
members or occur with sufficient regularity over time that the	103830
noncompliance can be considered systemic or pervasive in the	103831
facility.	103832

~~(N)~~(O)(1) "Severity level one finding" means a finding of	103833
noncompliance by a nursing facility that has not caused and, if	103834
continued, is unlikely to cause physical harm to a facility	103835
resident, mental or emotional harm to a resident, or a violation	103836
of a resident's rights that results in physical, mental, or	103837
emotional harm to the resident.	103838

(2) "Severity level two finding" means a finding of	103839
noncompliance by a nursing facility that, if continued over time,	103840
will cause, or is likely to cause, physical harm to a facility	103841
resident, mental or emotional harm to a resident, or a violation	103842
of a resident's rights that results in physical, mental, or	103843
emotional harm to the resident.	103844

(3) "Severity level three finding" means a finding of	103845
noncompliance by a nursing facility that has caused physical harm	103846
to a facility resident, mental or emotional harm to a resident, or	103847
a violation of a resident's rights that results in physical,	103848
mental, or emotional harm to the resident.	103849

(4) "Severity level four finding" means a finding of	103850
noncompliance by a nursing facility that has caused	103851
life-threatening harm to a facility resident or caused a	103852
resident's death.	103853

~~(O)~~(P) "State agency" has the same meaning as in section 1.60	103854
of the Revised Code.	103855

~~(P)~~(Q) "Substandard care" means care furnished in a facility	103856
in which the department of health has cited a deficiency or	103857
deficiencies that constitute one of the following:	103858

(1) A severity level four finding, regardless of scope;

103859

(2) A severity level three and scope level four finding, in	103860
the quality of care provided to residents;	103861

(3) A severity level three and scope level three finding, in	103862
the quality of care provided to residents.	103863

~~(Q)~~(R)(1) "Survey" means a survey of a nursing facility	103864
conducted under section 5111.39 of the Revised Code.	103865

(2) "Standard survey" means a survey conducted by the	103866
department of health under division (A) of section 5111.39 of the	103867
Revised Code and includes an extended survey.	103868

(3) "Follow-up survey" means a survey conducted by the	103869
department of health to determine whether a nursing facility has	103870
substantially corrected deficiencies cited in a previous survey.	103871

Sec. 5111.52. (A) As used in this section:

103872

~~(1) "Provider agreement" means a contract between the~~	103873
~~department of job and family services and a nursing facility for~~	103874
~~the provision of nursing facility services under the medical~~	103875
~~assistance program.~~	103876

~~(2) "Terminating"~~, "terminating" includes not renewing.

103877

(B) A nursing facility's participation in the medical	103878
assistance program shall be terminated under sections 5111.35 to	103879
5111.62 of the Revised Code as follows:	103880

(1) If the department of job and family services is	103881
terminating the facility's participation, it shall issue an order	103882
terminating the facility's provider agreement.	103883

(2) If the department of health, acting as a contracting	103884
agency, is terminating the facility's participation, it shall	103885
issue an order terminating certification of the facility's	103886
compliance with certification requirements. When the department of	103887
health terminates certification, the department of job and family	103888
services shall terminate the facility's provider agreement. The	103889
department of job and family services is not required to provide	103890
an adjudication hearing when it terminates a provider agreement	103891
following termination of certification by the department of	103892
health.	103893

(3) If a state agency other than the department of health,	103894
acting as a contracting agency, is terminating the facility's	103895
participation, it shall notify the department of job and family	103896
services, and the department of job and family services shall	103897
issue an order terminating the facility's provider agreement. The	103898
contracting agency shall conduct any administrative proceedings	103899
concerning the order.	103900

(C) If the following conditions are met, the department of	103901
job and family services may make medical assistance payments to a	103902
nursing facility for a period not exceeding thirty days after the	103903
effective date of termination under sections 5111.35 to 5111.62 of	103904
the Revised Code of the facility's participation in the medical	103905
assistance program:	103906

(1) The payments are for medicaid eligible residents admitted	103907
to the facility prior to the effective date of the termination;	103908

(2) The provider is making reasonable efforts to transfer	103909
medicaid eligible residents to other care settings.	103910

The period during which payments may be made under this	103911
division begins on the later of the effective date of the	103912
termination or, if the facility has appealed a termination order,	103913
the date of issuance of the adjudication order upholding	103914
termination.	103915

Sec. 5111.65. As used in sections 5111.65 to 5111.689 of the	103916
Revised Code:	103917

(A) "Affiliated operator" means an operator affiliated with	103918
either of the following:	103919

(1) The exiting operator for whom the affiliated operator is	103920
to assume liability for the entire amount of the exiting	103921
operator's debt under the medicaid program or the portion of the	103922
debt that represents the franchise permit fee the exiting operator	103923
owes;	103924

(2) The entering operator involved in the change of operator	103925
with the exiting operator specified in division (A)(1) of this	103926
section.	103927

(B) "Change of operator" means an entering operator becoming	103928
the operator of a nursing facility or intermediate care facility	103929
for the mentally retarded in the place of the exiting operator.	103930

(1) Actions that constitute a change of operator include the	103931
following:	103932

(a) A change in an exiting operator's form of legal	103933
organization, including the formation of a partnership or	103934
corporation from a sole proprietorship;	103935

(b) A transfer of all the exiting operator's ownership	103936
interest in the operation of the facility to the entering	103937
operator, regardless of whether ownership of any or all of the	103938
real property or personal property associated with the facility is	103939
also transferred;	103940

(c) A lease of the facility to the entering operator or the	103941
exiting operator's termination of the exiting operator's lease;	103942

(d) If the exiting operator is a partnership, dissolution of	103943
the partnership;	103944

(e) If the exiting operator is a partnership, a change in	103945
composition of the partnership unless both of the following apply:	103946

(i) The change in composition does not cause the	103947
partnership's dissolution under state law.	103948

(ii) The partners agree that the change in composition does	103949
not constitute a change in operator.	103950

(f) If the operator is a corporation, dissolution of the	103951
corporation, a merger of the corporation into another corporation	103952
that is the survivor of the merger, or a consolidation of one or	103953
more other corporations to form a new corporation.	103954

(2) The following, alone, do not constitute a change of	103955
operator:	103956

(a) A contract for an entity to manage a nursing facility or	103957
intermediate care facility for the mentally retarded as the	103958
operator's agent, subject to the operator's approval of daily	103959
operating and management decisions;	103960

(b) A change of ownership, lease, or termination of a lease	103961
of real property or personal property associated with a nursing	103962
facility or intermediate care facility for the mentally retarded	103963
if an entering operator does not become the operator in place of	103964
an exiting operator;	103965

(c) If the operator is a corporation, a change of one or more	103966
members of the corporation's governing body or transfer of	103967
ownership of one or more shares of the corporation's stock, if the	103968
same corporation continues to be the operator.	103969

(C) "Effective date of a change of operator" means the day	103970
the entering operator becomes the operator of the nursing facility	103971
or intermediate care facility for the mentally retarded.	103972

(D) "Effective date of a facility closure" means the last day	103973
that the last of the residents of the nursing facility or	103974
intermediate care facility for the mentally retarded resides in	103975
the facility.	103976

(E) "Effective date of an involuntary termination" means the	103977
date the department of job and family services terminates an	103978
operator's provider agreement for a nursing facility or	103979
intermediate care facility for the mentally retarded or the last	103980
day that such a provider agreement is in effect when the	103981
department refuses to renew it.	103982

(F) "Effective date of a voluntary termination" means the day	103983
the intermediate care facility for the mentally retarded ceases to	103984
accept medicaid patients.	103985

~~(F)~~(G) "Effective date of a voluntary withdrawal of	103986
participation" means the day the nursing facility ceases to accept	103987
new medicaid patients other than the individuals who reside in the	103988
nursing facility on the day before the effective date of the	103989
voluntary withdrawal of participation.	103990

~~(G)~~(H) "Entering operator" means the person or government	103991
entity that will become the operator of a nursing facility or	103992
intermediate care facility for the mentally retarded when a change	103993
of operator occurs or following an involuntary termination.	103994

~~(H)~~(I) "Exiting operator" means any of the following:

103995

(1) An operator that will cease to be the operator of a	103996
nursing facility or intermediate care facility for the mentally	103997
retarded on the effective date of a change of operator;	103998

(2) An operator that will cease to be the operator of a	103999
nursing facility or intermediate care facility for the mentally	104000
retarded on the effective date of a facility closure;	104001

(3) An operator of an intermediate care facility for the	104002
mentally retarded that is undergoing or has undergone a voluntary	104003
termination;	104004

(4) An operator of a nursing facility that is undergoing or	104005
has undergone a voluntary withdrawal of participation;	104006

(5) An operator of a nursing facility or intermediate care	104007
facility for the mentally retarded that has undergone an	104008
involuntary termination.	104009

~~(I)~~(J)(1) ~~"Facility~~Subject to division (J)(2) of this	104010
section, "facility closure" means discontinuance of the use of the	104011
building, or part of the building, that houses the facility as a	104012
nursing facility or intermediate care facility for the mentally	104013
retarded that results in the relocation of all of the facility's	104014
residents. A facility closure occurs regardless of any of the	104015
following:	104016

(a) The operator completely or partially replacing the	104017
facility by constructing a new facility or transferring the	104018
facility's license to another facility;	104019

(b) The facility's residents relocating to another of the	104020
operator's facilities;	104021

(c) Any action the department of health takes regarding the	104022
facility's certification under Title XIX of the "Social Security	104023
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may	104024
result in the transfer of part of the facility's survey findings	104025
to another of the operator's facilities;	104026

(d) Any action the department of health takes regarding the	104027
facility's license under Chapter 3721. of the Revised Code;	104028

(e) Any action the department of developmental disabilities	104029
takes regarding the facility's license under section 5123.19 of	104030
the Revised Code.	104031

(2) A facility closure does not occur if ~~all~~either of the	104032
following applies:	104033

(a) All of the facility's residents are relocated due to an	104034
emergency evacuation and one or more of the residents return to a	104035
medicaid-certified bed in the facility not later than thirty days	104036
after the evacuation occurs;	104037

(b) The building, or part of the building, that houses the	104038
facility converts to a different use, any necessary license or	104039
other approval needed for that use is obtained, and one or more of	104040
the facility's residents remain in the facility to receive	104041
services under the new use.	104042

~~(J)~~(K) "Fiscal year," "franchise permit fee," "intermediate	104043
care facility for the mentally retarded," "nursing facility,"	104044
"operator," "owner," and "provider agreement" have the same	104045
meanings as in section 5111.20 of the Revised Code.	104046

~~(K)~~(L) "Involuntary termination" means the department of job	104047
and family services' termination of, or refusal to renew, an	104048
operator's provider agreement for a nursing facility or	104049
intermediate care facility for the mentally retarded when such	104050
action is not taken at the operator's request.	104051

(M) "Voluntary termination" means an operator's voluntary	104052
election to terminate the participation of an intermediate care	104053
facility for the mentally retarded in the medicaid program but to	104054
continue to provide service of the type provided by a residential	104055
facility as defined in section 5123.19 of the Revised Code.	104056

~~(L)~~(N) "Voluntary withdrawal of participation" means an	104057
operator's voluntary election to terminate the participation of a	104058
nursing facility in the medicaid program but to continue to	104059
provide service of the type provided by a nursing facility.	104060

Sec. 5111.66. An exiting operator or owner of a nursing	104061
facility or intermediate care facility for the mentally retarded	104062
participating in the medicaid program shall provide the department	104063
of job and family services written notice of a facility closure,	104064
voluntary termination, or voluntary withdrawal of participation	104065
not less than ninety days before the effective date of the	104066
facility closure, voluntary termination, or voluntary withdrawal	104067
of participation. The written notice shall be provided to the	104068
department in accordance with the method specified in rules	104069
adopted under section 5111.689 of the Revised Code.	104070

The written notice shall include all of the following:

104071

(A) The name of the exiting operator and, if any, the exiting	104072
operator's authorized agent;	104073

(B) The name of the nursing facility or intermediate care	104074
facility for the mentally retarded that is the subject of the	104075
written notice;	104076

(C) The exiting operator's medicaid provider agreement number	104077
for the facility that is the subject of the written notice;	104078

(D) The effective date of the facility closure, voluntary	104079
termination, or voluntary withdrawal of participation;	104080

(E) The signature of the exiting operator's or owner's	104081
representative.	104082

Sec. 5111.67. (A) An exiting operator or owner and entering	104083
operator shall provide the department of job and family services	104084
written notice of a change of operator if the nursing facility or	104085
intermediate care facility for the mentally retarded participates	104086
in the medicaid program and the entering operator seeks to	104087
continue the facility's participation. The written notice shall be	104088
provided to the department in accordance with the method specified	104089
in rules adopted under section 5111.689 of the Revised Code. The	104090
written notice shall be provided to the department not later than	104091
forty-five days before the effective date of the change of	104092
operator if the change of operator does not entail the relocation	104093
of residents. The written notice shall be provided to the	104094
department not later than ninety days before the effective date of	104095
the change of operator if the change of operator entails the	104096
relocation of residents. ~~The~~	104097

The written notice shall include all of the following:

104098

(1) The name of the exiting operator and, if any, the exiting	104099
operator's authorized agent;	104100

(2) The name of the nursing facility or intermediate care	104101
facility for the mentally retarded that is the subject of the	104102
change of operator;	104103

(3) The exiting operator's ~~medicaid provider agreement~~	104104
seven-digit medicaid legacy number and ten-digit national provider	104105
identifier number for the facility that is the subject of the	104106
change of operator;	104107

(4) The name of the entering operator;

104108

(5) The effective date of the change of operator;

104109

(6) The manner in which the entering operator becomes the	104110
facility's operator, including through sale, lease, merger, or	104111
other action;	104112

(7) If the manner in which the entering operator becomes the	104113
facility's operator involves more than one step, a description of	104114
each step;	104115

(8) Written authorization from the exiting operator or owner	104116
and entering operator for the department to process a provider	104117
agreement for the entering operator;	104118

(9) The names and addresses of the persons to whom the	104119
department should send initial correspondence regarding the change	104120
of operator;	104121

(10) If the nursing facility also participates in the	104122
medicare program, notification of whether the entering operator	104123
intends to accept assignment of the exiting operator's medicare	104124
provider agreement;	104125

(11) The signature of the exiting operator's or owner's	104126
representative.	104127

(B) ~~The entering operator shall include a completed~~	104128
~~application for a provider agreement with the written notice to~~	104129
~~the department. The entering operator shall attach to the~~	104130
~~application the following:~~	104131

~~(1) If the written notice is provided to the department~~	104132
~~before the date the exiting operator or owner and entering~~	104133
~~operator complete the transaction for the change of operator, all~~	104134
~~the proposed leases, management agreements, merger agreements and~~	104135
~~supporting documents, and sales contracts and supporting documents~~	104136
~~relating to the facility's change of operator;~~	104137

~~(2) If the written notice is provided to the department on or~~	104138
~~after the date the exiting operator or owner and entering operator~~	104139
~~complete the transaction for the change of operator, copies of all~~	104140
~~the executed leases, management agreements, merger agreements and~~	104141
~~supporting documents, and sales contracts and supporting documents~~	104142
~~relating to the facility's change of operator.~~An exiting operator	104143
or owner and entering operator immediately shall provide the	104144
department written notice of any changes to information included	104145
in a written notice of a change of operator that occur after that	104146
notice is provided to the department. The notice of the changes	104147
shall be provided to the department in accordance with the method	104148
specified in rules adopted under section 5111.689 of the Revised	104149
Code.	104150

Sec. 5111.671. The department of job and family services may	104151
enter into a provider agreement with an entering operator that	104152
goes into effect at 12:01 a.m. on the effective date of the change	104153
of operator if all of the following requirements are met:	104154

(A) The department receives a properly completed written	104155
notice required by section 5111.67 of the Revised Code on or	104156
before the date required by that section.	104157

(B) The ~~entering operator furnishes to the~~ department ~~copies~~	104158
~~of all the fully executed leases, management agreements, merger~~	104159
~~agreements and supporting documents, and sales contracts and~~	104160
~~supporting documents relating to the change of operator not later~~	104161
~~than ten days after the effective date of the change of operator~~	104162
receives both of the following in accordance with the method	104163
specified in rules adopted under section 5111.689 of the Revised	104164
Code and not later than ten days after the effective date of the	104165
change of operator:	104166

(1) From the entering operator, a completed application for a	104167
provider agreement and all other forms and documents specified in	104168
rules adopted under section 5111.689 of the Revised Code;	104169

(2) From the exiting operator or owner, all forms and	104170
documents specified in rules adopted under section 5111.689 of the	104171
Revised Code.	104172

(C) The entering operator is eligible for medicaid payments	104173
as provided in section 5111.21 of the Revised Code.	104174

Sec. 5111.672. (A) The department of job and family services	104175
may enter into a provider agreement with an entering operator that	104176
goes into effect at 12:01 a.m. on the date determined under	104177
division (B) of this section if all of the following are the case:	104178

(1) The department receives a properly completed written	104179
notice required by section 5111.67 of the Revised Code after the	104180
time required by that section.	104181

(2) The ~~entering operator furnishes to the~~ department ~~copies~~	104182
~~of all the fully executed leases, management agreements, merger~~	104183
~~agreements and supporting documents, and sales contracts and~~	104184
~~supporting documents relating to the change of operator~~receives	104185
both of the following in accordance with the method specified in	104186
rules adopted under section 5111.689 of the Revised Code and more	104187
than ten days after the effective date of the change of operator:	104188

(a) From the entering operator, a completed application for a	104189
provider agreement and all other forms and documents specified in	104190
rules adopted under section 5111.689 of the Revised Code;	104191

(b) From the exiting operator or owner, all forms and	104192
documents specified in rules adopted under section 5111.689 of the	104193
Revised Code.	104194

(3) ~~The requirement of division (A)(1) of this section is met~~	104195
~~after the time required by section 5111.67 of the Revised Code,~~	104196
~~the requirement of division (A)(2) of this section is met more~~	104197
~~than ten days after the effective date of the change of operator,~~	104198
~~or both.~~	104199

~~(4)~~ The entering operator is eligible for medicaid payments	104200
as provided in section 5111.21 of the Revised Code.	104201

(B) The department shall determine the date a provider	104202
agreement entered into under this section is to go into effect as	104203
follows:	104204

(1) The effective date shall give the department sufficient	104205
time to process the change of operator, assure no duplicate	104206
payments are made, and make the withholding required by section	104207
5111.681 of the Revised Code~~, and withhold the final payment to~~	104208
~~the exiting operator until one hundred eighty days after either of~~	104209
~~the following:~~	104210

~~(a) The date that the exiting operator submits to the~~	104211
~~department a properly completed cost report under section 5111.682~~	104212
~~of the Revised Code;~~	104213

~~(b) The date that the department waives the cost report~~	104214
~~requirement of section 5111.682 of the Revised Code~~.	104215

(2) The effective date shall be not earlier than the later of	104216
the effective date of the change of operator or the date that the	104217
exiting operator or owner and entering operator comply with	104218
section 5111.67 of the Revised Code and division (A)(2) of this	104219
section.	104220

(3) The effective date shall be not later than the following	104221
after the later of the dates specified in division (B)(2) of this	104222
section:	104223

(a) Forty-five days if the change of operator does not entail	104224
the relocation of residents;	104225

(b) Ninety days if the change of operator entails the	104226
relocation of residents.	104227

Sec. 5111.68. (A) On receipt of a written notice under	104228
section 5111.66 of the Revised Code of a facility closure,	104229
voluntary termination, or voluntary withdrawal of participation	104230
or, on receipt of a written notice under section 5111.67 of the	104231
Revised Code of a change of operator, or on the effective date of	104232
an involuntary termination, the department of job and family	104233
services shall estimate the amount of any overpayments made under	104234
the medicaid program to the exiting operator, including	104235
overpayments the exiting operator disputes, and other actual and	104236
potential debts the exiting operator owes or may owe to the	104237
department and United States centers for medicare and medicaid	104238
services under the medicaid program, including a franchise permit	104239
fee.	104240

(B) In estimating the exiting operator's other actual and	104241
potential debts to the department and the United States centers	104242
for medicare and medicaid services under the medicaid program, the	104243
department shall use a debt estimation methodology the director of	104244
job and family services shall establish in rules adopted under	104245
section 5111.689 of the Revised Code. The methodology shall	104246
provide for estimating all of the following that the department	104247
determines are applicable:	104248

(1) Refunds due the department under section 5111.27 of the	104249
Revised Code;	104250

(2) Interest owed to the department and United States centers	104251
for medicare and medicaid services;	104252

(3) Final civil monetary and other penalties for which all	104253
right of appeal has been exhausted;	104254

(4) Money owed the department and United States centers for	104255
medicare and medicaid services from any outstanding final fiscal	104256
audit, including a final fiscal audit for the last fiscal year or	104257
portion thereof in which the exiting operator participated in the	104258
medicaid program;	104259

(5) Other amounts the department determines are applicable.

104260

(C) The department shall provide the exiting operator written	104261
notice of the department's estimate under division (A) of this	104262
section not later than thirty days after the department receives	104263
the notice under section 5111.66 of the Revised Code of the	104264
facility closure, voluntary termination, or voluntary withdrawal	104265
of participation or; the department receives the notice under	104266
section 5111.67 of the Revised Code of the change of operator; or	104267
the effective date of the involuntary termination. The	104268
department's written notice shall include the basis for the	104269
estimate.	104270

Sec. 5111.681. (A) Except as provided in divisions (B) ~~and~~,	104271
(C), and (D) of this section, the department of job and family	104272
services may withhold from payment due an exiting operator under	104273
the medicaid program the total amount specified in the notice	104274
provided under division (C) of section 5111.68 of the Revised Code	104275
that the exiting operator owes or may owe to the department and	104276
United States centers for medicare and medicaid services under the	104277
medicaid program.	104278

(B) In the case of a change of operator and subject to	104279
division ~~(D)~~(E) of this section, the following shall apply	104280
regarding a withholding under division (A) of this section if the	104281
exiting operator or entering operator or an affiliated operator	104282
executes a successor liability agreement meeting the requirements	104283
of division ~~(E)~~(F) of this section:	104284

(1) If the exiting operator, entering operator, or affiliated	104285
operator assumes liability for the total, actual amount of debt	104286
the exiting operator owes the department and the United States	104287
centers for medicare and medicaid services under the medicaid	104288
program as determined under section 5111.685 of the Revised Code,	104289
the department shall not make the withholding.	104290

(2) If the exiting operator, entering operator, or affiliated	104291
operator assumes liability for only the portion of the amount	104292
specified in division (B)(1) of this section that represents the	104293
franchise permit fee the exiting operator owes, the department	104294
shall withhold not more than the difference between the total	104295
amount specified in the notice provided under division (C) of	104296
section 5111.68 of the Revised Code and the amount for which the	104297
exiting operator, entering operator, or affiliated operator	104298
assumes liability.	104299

(C) In the case of a voluntary termination, voluntary	104300
withdrawal of participation, or facility closure and subject to	104301
division ~~(D)~~(E) of this section, the following shall apply	104302
regarding a withholding under division (A) of this section if the	104303
exiting operator or an affiliated operator executes a successor	104304
liability agreement meeting the requirements of division ~~(E)~~(F) of	104305
this section:	104306

(1) If the exiting operator or affiliated operator assumes	104307
liability for the total, actual amount of debt the exiting	104308
operator owes the department and the United States centers for	104309
medicare and medicaid services under the medicaid program as	104310
determined under section 5111.685 of the Revised Code, the	104311
department shall not make the withholding.	104312

(2) If the exiting operator or affiliated operator assumes	104313
liability for only the portion of the amount specified in division	104314
(C)(1) of this section that represents the franchise permit fee	104315
the exiting operator owes, the department shall withhold not more	104316
than the difference between the total amount specified in the	104317
notice provided under division (C) of section 5111.68 of the	104318
Revised Code and the amount for which the exiting operator or	104319
affiliated operator assumes liability.	104320

(D) In the case of an involuntary termination and subject to	104321
division (E) of this section, the following shall apply regarding	104322
a withholding under division (A) of this section if the exiting	104323
operator, the entering operator, or an affiliated operator	104324
executes a successor liability agreement meeting the requirements	104325
of division (F) of this section and the department approves the	104326
successor liability agreement:	104327

(1) If the exiting operator, entering operator, or affiliated	104328
operator assumes liability for the total, actual amount of debt	104329
the exiting operator owes the department and the United States	104330
centers for medicare and medicaid services under the medicaid	104331
program as determined under section 5111.685 of the Revised Code,	104332
the department shall not make the withholding.	104333

(2) If the exiting operator, entering operator, or affiliated	104334
operator assumes liability for only the portion of the amount	104335
specified in division (D)(1) of this section that represents the	104336
franchise permit fee the exiting operator owes, the department	104337
shall withhold not more than the difference between the total	104338
amount specified in the notice provided under division (C) of	104339
section 5111.68 of the Revised Code and the amount for which the	104340
exiting operator, entering operator, or affiliated operator	104341
assumes liability.	104342

(E) For an exiting operator or affiliated operator to be	104343
eligible to enter into a successor liability agreement under	104344
division (B) or, (C), or (D) of this section, both of the	104345
following must apply:	104346

(1) The exiting operator or affiliated operator must have one	104347
or more valid provider agreements, other than the provider	104348
agreement for the nursing facility or intermediate care facility	104349
for the mentally retarded that is the subject of the involuntary	104350
termination, voluntary termination, voluntary withdrawal of	104351
participation, facility closure, or change of operator;	104352

(2) During the twelve-month period preceding either the	104353
effective date of the involuntary termination or the month in	104354
which the department receives the notice of the voluntary	104355
termination, voluntary withdrawal of participation, or facility	104356
closure under section 5111.66 of the Revised Code or the notice of	104357
the change of operator under section 5111.67 of the Revised Code,	104358
the average monthly medicaid payment made to the exiting operator	104359
or affiliated operator pursuant to the exiting operator's or	104360
affiliated operator's one or more provider agreements, other than	104361
the provider agreement for the nursing facility or intermediate	104362
care facility for the mentally retarded that is the subject of the	104363
involuntary termination, voluntary termination, voluntary	104364
withdrawal of participation, facility closure, or change of	104365
operator, must equal at least ninety per cent of the sum of the	104366
following:	104367

(a) The average monthly medicaid payment made to the exiting	104368
operator pursuant to the exiting operator's provider agreement for	104369
the nursing facility or intermediate care facility for the	104370
mentally retarded that is the subject of the involuntary	104371
termination, voluntary termination, voluntary withdrawal of	104372
participation, facility closure, or change of operator;	104373

(b) Whichever of the following apply:

104374

(i) If the exiting operator or affiliated operator has	104375
assumed liability under one or more other successor liability	104376
agreements, the total amount for which the exiting operator or	104377
affiliated operator has assumed liability under the other	104378
successor liability agreements;	104379

(ii) If the exiting operator or affiliated operator has not	104380
assumed liability under any other successor liability agreements,	104381
zero.	104382

~~(E)~~(F) A successor liability agreement executed under this	104383
section must comply with all of the following:	104384

(1) It must provide for the operator who executes the	104385
successor liability agreement to assume liability for either of	104386
the following as specified in the agreement:	104387

(a) The total, actual amount of debt the exiting operator	104388
owes the department and the United States centers for medicare and	104389
medicaid services under the medicaid program as determined under	104390
section 5111.685 of the Revised Code;	104391

(b) The portion of the amount specified in division	104392
~~(E)~~(F)(1)(a) of this section that represents the franchise permit	104393
fee the exiting operator owes.	104394

(2) It may not require the operator who executes the	104395
successor liability agreement to furnish a surety bond.	104396

(3) It must provide that the department, after determining	104397
under section 5111.685 of the Revised Code the actual amount of	104398
debt the exiting operator owes the department and United States	104399
centers for medicare and medicaid services under the medicaid	104400
program, may deduct the lesser of the following from medicaid	104401
payments made to the operator who executes the successor liability	104402
agreement:	104403

(a) The total, actual amount of debt the exiting operator	104404
owes the department and the United States centers for medicare and	104405
medicaid services under the medicaid program as determined under	104406
section 5111.685 of the Revised Code;	104407

(b) The amount for which the operator who executes the	104408
successor liability agreement assumes liability under the	104409
agreement.	104410

(4) It must provide that the deductions authorized by	104411
division ~~(E)~~(F)(3) of this section are to be made for a number of	104412
months, not to exceed six, agreed to by the operator who executes	104413
the successor liability agreement and the department or, if the	104414
operator who executes the successor liability agreement and	104415
department cannot agree on a number of months that is less than	104416
six, a greater number of months determined by the attorney general	104417
pursuant to a claims collection process authorized by statute of	104418
this state.	104419

(5) It must provide that, if the attorney general determines	104420
the number of months for which the deductions authorized by	104421
division ~~(E)~~(F)(3) of this section are to be made, the operator	104422
who executes the successor liability agreement shall pay, in	104423
addition to the amount collected pursuant to the attorney	104424
general's claims collection process, the part of the amount so	104425
collected that, if not for division ~~(G)~~(H) of this section, would	104426
be required by section 109.081 of the Revised Code to be paid into	104427
the attorney general claims fund.	104428

~~(F)~~(G) Execution of a successor liability agreement does not	104429
waive an exiting operator's right to contest the amount specified	104430
in the notice the department provides the exiting operator under	104431
division (C) of section 5111.68 of the Revised Code.	104432

~~(G)~~(H) Notwithstanding section 109.081 of the Revised Code,	104433
the entire amount that the attorney general, whether by employees	104434
or agents of the attorney general or by special counsel appointed	104435
pursuant to section 109.08 of the Revised Code, collects under a	104436
successor liability agreement, other than the additional amount	104437
the operator who executes the agreement is required by division	104438
~~(E)~~(F)(5) of this section to pay, shall be paid to the department	104439
of job and family services for deposit into the appropriate fund.	104440
The additional amount that the operator is required to pay shall	104441
be paid into the state treasury to the credit of the attorney	104442
general claims fund created under section 109.081 of the Revised	104443
Code.	104444

Sec. 5111.687. The department of job and family services, at	104445
its sole discretion, may release the amount withheld under	104446
division (A) of section 5111.681 of the Revised Code if the	104447
exiting operator submits to the department written notice of a	104448
postponement of a change of operator, facility closure, voluntary	104449
termination, or voluntary withdrawal of participation and the	104450
transactions leading to the change of operator, facility closure,	104451
voluntary termination, or voluntary withdrawal of participation	104452
are postponed for at least thirty days but less than ninety days	104453
after the date originally proposed for the change of operator,	104454
facility closure, voluntary termination, or voluntary withdrawal	104455
of participation as reported in the written notice required by	104456
section 5111.66 or 5111.67 of the Revised Code. The department	104457
shall release the amount withheld if the exiting operator submits	104458
to the department written notice of a cancellation or postponement	104459
of a change of operator, facility closure, voluntary termination,	104460
or voluntary withdrawal of participation and the transactions	104461
leading to the change of operator, facility closure, voluntary	104462
termination, or voluntary withdrawal of participation are canceled	104463
or postponed for more than ninety days after the date originally	104464
proposed for the change of operator, facility closure, voluntary	104465
termination, or voluntary withdrawal of participation as reported	104466
in the written notice required by section 5111.66 or 5111.67 of	104467
the Revised Code. A written notice shall be provided to the	104468
department in accordance with the method specified in rules	104469
adopted under section 5111.689 of the Revised Code.	104470

After the department receives a written notice regarding a	104471
cancellation or postponement of a facility closure, voluntary	104472
termination, or voluntary withdrawal of participation, the exiting	104473
operator or owner shall provide new written notice to the	104474
department under section 5111.66 of the Revised Code regarding any	104475
transactions leading to a facility closure, voluntary termination,	104476
or voluntary withdrawal of participation at a future time. After	104477
the department receives a written notice regarding a cancellation	104478
or postponement of a change of operator, the exiting operator or	104479
owner and entering operator shall provide new written notice to	104480
the department under section 5111.67 of the Revised Code regarding	104481
any transactions leading to a change of operator at a future time.	104482

Sec. 5111.689. The director of job and family services shall	104483
adopt rules under section 5111.02 of the Revised Code to implement	104484
sections 5111.65 to 5111.689 of the Revised Code, including rules	104485
applicable to an exiting operator that provides written	104486
notification under section 5111.66 of the Revised Code of a	104487
voluntary withdrawal of participation. Rules adopted under this	104488
section shall comply with section 1919(c)(2)(F) of the "Social	104489
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	104490
regarding restrictions on transfers or discharges of nursing	104491
facility residents in the case of a voluntary withdrawal of	104492
participation. The rules may prescribe a medicaid reimbursement	104493
methodology and other procedures that are applicable after the	104494
effective date of a voluntary withdrawal of participation that	104495
differ from the reimbursement methodology and other procedures	104496
that would otherwise apply. The rules shall specify all of the	104497
following:	104498

(A) The method by which written notices to the department	104499
required by sections 5111.65 to 5111.689 of the Revised Code are	104500
to be provided;	104501

(B) The forms and documents that are to be provided to the	104502
department under sections 5111.671 and 5111.672 of the Revised	104503
Code, which shall include, in the case of such forms and documents	104504
provided by entering operators, all the fully executed leases,	104505
management agreements, merger agreements and supporting documents,	104506
and fully executed sales contracts and any other supporting	104507
documents culminating in the change of operator;	104508

(C) The method by which the forms and documents identified in	104509
division (B) of this section are to be provided to the department.	104510

Sec. 5111.85. (A) As used in this section and sections	104511
5111.851 to 5111.856 of the Revised Code:	104512

"Home and community-based services medicaid waiver component"	104513
means a medicaid waiver component under which home and	104514
community-based services are provided as an alternative to	104515
hospital, nursing facility, or intermediate care facility for the	104516
mentally retarded services.	104517

"Hospital" has the same meaning as in section 3727.01 of the	104518
Revised Code.	104519

"Intermediate care facility for the mentally retarded" has	104520
the same meaning as in section 5111.20 of the Revised Code.	104521

"Medicaid waiver component" means a component of the medicaid	104522
program authorized by a waiver granted by the United States	104523
department of health and human services under section 1115 or 1915	104524
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	104525
1315 or 1396n. "Medicaid waiver component" does not include a care	104526
management system established under section 5111.16 of the Revised	104527
Code.	104528

"Nursing facility" has the same meaning as in section 5111.20	104529
of the Revised Code.	104530

(B) The director of job and family services may adopt rules	104531
under Chapter 119. of the Revised Code governing medicaid waiver	104532
components that establish all of the following:	104533

(1) Eligibility requirements for the medicaid waiver	104534
components;	104535

(2) The type, amount, duration, and scope of services the	104536
medicaid waiver components provide;	104537

(3) The conditions under which the medicaid waiver components	104538
cover services;	104539

(4) The amount the medicaid waiver components pay for	104540
services or the method by which the amount is determined;	104541

(5) The manner in which the medicaid waiver components pay	104542
for services;	104543

(6) Safeguards for the health and welfare of medicaid	104544
recipients receiving services under a medicaid waiver component;	104545

(7) Procedures for ~~both of the following:~~

104546

~~(a) Identifying individuals who meet all of the following~~	104547
~~requirements:~~	104548

~~(i) Are~~prioritizing and approving for enrollment individuals	104549
who are eligible for a home and community-based services medicaid	104550
waiver component and ~~on a waiting list for the component;~~	104551

~~(ii) Are receiving inpatient hospital services or residing in~~	104552
~~an intermediate care facility for the mentally retarded or nursing~~	104553
~~facility (as appropriate for the component);~~	104554

~~(iii) Choose~~choose to be enrolled in the component.

104555

~~(b) Approving the enrollment of individuals identified under~~	104556
~~the procedures established under division (B)(7)(a) of this~~	104557
~~section into the home and community-based services medicaid waiver~~	104558
~~component.~~;	104559

(8) Procedures for enforcing the rules, including	104560
establishing corrective action plans for, and imposing financial	104561
and administrative sanctions on, persons and government entities	104562
that violate the rules. Sanctions shall include terminating	104563
medicaid provider agreements. The procedures shall include due	104564
process protections.	104565

(9) Other policies necessary for the efficient administration	104566
of the medicaid waiver components.	104567

(C) The director of job and family services may adopt	104568
different rules for the different medicaid waiver components. The	104569
rules shall be consistent with the terms of the waiver authorizing	104570
the medicaid waiver component.	104571

(D) ~~Any~~The following apply to procedures established under	104572
division (B)(7) of this section:	104573

(1) Any such procedures established for the medicaid-funded	104574
component of the PASSPORT program shall be consistent with section	104575
173.401 of the Revised Code. ~~Any~~	104576

(2) Any such procedures established for the Ohio home care	104577
program shall be consistent with section 5111.862 of the Revised	104578
Code.	104579

(3) Any such procedures established for the unified long-term	104580
services and support medicaid waiver program shall be consistent	104581
with section 5111.865 of the Revised Code.	104582

(4) Any such procedures established ~~under division (B)(7) of~~	104583
~~this section~~ for the medicaid-funded component of the assisted	104584
living program shall be consistent with section 5111.894 of the	104585
Revised Code.	104586

Sec. 5111.861. (A) As used in this section:

104587

"Medicaid waiver component" has the same meaning as in	104588
section 5111.85 of the Revised Code.	104589

"Unified long-term services and support medicaid waiver	104590
component" means the medicaid waiver component authorized by	104591
section 5111.864 of the Revised Code.	104592

(B) Subject to division (C) of this section, there is hereby	104593
created the Ohio home care program. The program shall provide home	104594
and community-based services. The department of job and family	104595
services shall administer the program.	104596

(C) If the unified long-term services and support medicaid	104597
waiver component is created, the departments of aging and job and	104598
family services shall work together to determine whether the Ohio	104599
home care program should continue to operate as a separate	104600
medicaid waiver component or be terminated. If the departments	104601
determine that the Ohio home care program should be terminated,	104602
the program shall cease to exist on a date the departments shall	104603
specify.	104604

Sec. 5111.862. (A) As used in this section:

104605

"Nursing facility" has the same meaning as in section 5111.20	104606
of the Revised Code.	104607

"Ohio home care program" means the medicaid waiver component	104608
created under section 5111.861 of the Revised Code.	104609

(B) Subject to division (C) of section 5111.861 of the	104610
Revised Code, the department of job and family services shall	104611
establish a home first component of the Ohio home care program	104612
under which eligible individuals may be enrolled in the Ohio home	104613
care program in accordance with this section. An individual is	104614
eligible for the Ohio home care program's home first component if	104615
both of the following apply:	104616

(1) The individual has been determined to be eligible for the	104617
Ohio home care program.	104618

(2) At least one of the following applies:

104619

(a) The individual has been admitted to a nursing facility.

104620

(b) A physician has determined and documented in writing that	104621
the individual has a medical condition that, unless the individual	104622
is enrolled in home and community-based services such as the Ohio	104623
home care program, will require the individual to be admitted to a	104624
nursing facility within thirty days of the physician's	104625
determination.	104626

(c) The individual has been hospitalized and a physician has	104627
determined and documented in writing that, unless the individual	104628
is enrolled in home and community-based services such as the Ohio	104629
home care program, the individual is to be transported directly	104630
from the hospital to a nursing facility and admitted.	104631

(C) Each month, each county department of job and family	104632
services shall identify individuals residing in the county that	104633
the county department serves who are eligible for the home first	104634
component of the Ohio home care program. When a county department	104635
identifies such an individual, the county department shall	104636
determine whether the Ohio home care program is appropriate for	104637
the individual and whether the individual would rather participate	104638
in the Ohio home care program than continue or begin to reside in	104639
a nursing facility. If the county department determines that the	104640
Ohio home care program is appropriate for the individual and the	104641
individual would rather participate in the Ohio home care program	104642
than continue or begin to reside in a nursing facility, the county	104643
department shall so notify the state department of job and family	104644
services. On receipt of the notice from the county department, the	104645
state department shall approve the individual's enrollment in the	104646
Ohio home care program regardless of the waiting list for the Ohio	104647
home care program, unless the enrollment would cause the Ohio home	104648
care program to exceed any limit on the number of individuals who	104649
may be enrolled in the program as set by the United States	104650
secretary of health and human services in the waiver authorizing	104651
the Ohio home care program.	104652

Sec. 5111.863. (A) As used in this section:

104653

"Medicaid waiver component" has the same meaning as in	104654
section 5111.85 of the Revised Code.	104655

"Unified long-term services and support medicaid waiver	104656
component" means the medicaid waiver component authorized by	104657
section 5111.864 of the Revised Code.	104658

(B) Subject to division (C) of this section, there is hereby	104659
created the Ohio transitions II aging carve-out program. The	104660
program shall provide home and community-based services. The	104661
department of job and family services shall administer the	104662
program.	104663

(C) If the unified long-term services and support medicaid	104664
waiver component is created, the departments of aging and job and	104665
family services shall work together to determine whether the Ohio	104666
transitions II aging carve-out program should continue to operate	104667
as a separate medicaid waiver component or be terminated. If the	104668
departments determine that the Ohio transitions II aging carve-out	104669
program should be terminated, the program shall cease to exist on	104670
a date the departments shall specify.	104671

Sec. 5111.864. (A) As used in this section:

104672

"Medicaid waiver component" has the same meaning as in	104673
section 5111.85 of the Revised Code.	104674

"Nursing facility" has the same meaning as in section 5111.20	104675
of the Revised Code.	104676

(B) The director of job and family services shall submit a	104677
request to the United States secretary of health and human	104678
services pursuant to section 1915n of the "Social Security Act,"	104679
95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended, to obtain	104680
approval to create a unified long-term services and support	104681
medicaid waiver component to provide home and community-based	104682
services to eligible individuals of any age who require the level	104683
of care provided by nursing facilities. The director of job and	104684
family services shall work with the director of aging in seeking	104685
approval of the unified long-term services and support medicaid	104686
waiver component and, if the approval is obtained, in creating and	104687
implementing the component.	104688

If the request to create the unified long-term services and	104689
support medicaid waiver component is approved, the director of job	104690
and family services, working with the director of aging, shall	104691
adopt rules under section 5111.85 of the Revised Code to implement	104692
the component. The rules may authorize the director of aging to	104693
adopt rules in accordance with Chapter 119. of the Revised Code	104694
governing aspects of the unified long-term services and support	104695
medicaid waiver component.	104696

Sec. 5111.865. (A) As used in this section:

104697

"Nursing facility" has the same meaning as in section 5111.20	104698
of the Revised Code.	104699

"Residential care facility" has the same meaning as in	104700
section 3721.01 of the Revised Code.	104701

"Unified long-term services and support medicaid waiver	104702
program" or "program" means the medicaid waiver component	104703
authorized by section 5111.864 of the Revised Code.	104704

(B) If the United States secretary of health and human	104705
services approves the request submitted under section 5111.864 of	104706
the Revised Code to create the unified long-term services and	104707
support medicaid waiver program, the department of job and family	104708
services shall establish a home first component of the program	104709
under which eligible individuals may be enrolled in the program in	104710
accordance with this section. An individual is eligible for the	104711
program's home first component if both of the following apply:	104712

(1) The individual has been determined to be eligible for the	104713
program.	104714

(2) At least one of the following applies:

104715

(a) The individual has been admitted to a nursing facility.

104716

(b) A physician has determined and documented in writing that	104717
the individual has a medical condition that, unless the individual	104718
is enrolled in home and community-based services such as the	104719
program, will require the individual to be admitted to a nursing	104720
facility within thirty days of the physician's determination.	104721

(c) The individual has been hospitalized and a physician has	104722
determined and documented in writing that, unless the individual	104723
is enrolled in home and community-based services such as the	104724
program, the individual is to be transported directly from the	104725
hospital to a nursing facility and admitted;	104726

(d) Both of the following apply:

104727

(i) The individual is the subject of a report made under	104728
section 5101.61 of the Revised Code regarding abuse, neglect, or	104729
exploitation or such a report referred to a county department of	104730
job and family services under section 5126.31 of the Revised Code	104731
or has made a request to a county department for protective	104732
services as defined in section 5101.60 of the Revised Code.	104733

(ii) A county department of job and family services and an	104734
area agency on aging have jointly documented in writing that,	104735
unless the individual is enrolled in home and community-based	104736
services such as the assisted living program, the individual	104737
should be admitted to a nursing facility.	104738

(e) If individuals residing in a residential care facility	104739
are eligible for the program, the individual resided in a	104740
residential care facility for at least six months immediately	104741
before applying for the program and is at risk of imminent	104742
admission to a nursing facility because the costs of residing in	104743
the residential care facility have depleted the individual's	104744
resources such that the individual is unable to continue to afford	104745
the cost of residing in the residential care facility.	104746

(C) Each month, each county department of job and family	104747
services and each area agency on aging shall identify individuals	104748
residing in the county or area that the county department or	104749
agency serves who are eligible for the home first component of the	104750
unified long-term services and support medicaid waiver program.	104751
When a county department or agency identifies such an individual,	104752
the county department or agency shall determine whether the	104753
program is appropriate for the individual and whether the	104754
individual would rather participate in the program than continue	104755
or begin to reside in a nursing facility. If the county department	104756
or agency determines that the program is appropriate for the	104757
individual and the individual would rather participate in the	104758
program than continue or begin to reside in a nursing facility,	104759
the county department or agency shall so notify the state	104760
department of job and family services. On receipt of the notice	104761
from the county department or agency, the state department shall	104762
approve the individual's enrollment in the program regardless of	104763
the waiting list for the program, unless the enrollment would	104764
cause the program to exceed any limit on the number of individuals	104765
who may be enrolled in the program as set by the United States	104766
secretary of health and human services in the waiver authorizing	104767
the program.	104768

Sec. 5111.871. The department of job and family services	104769
shall enter into a contract with the department of developmental	104770
disabilities under section 5111.91 of the Revised Code with regard	104771
to one or more of the medicaid waiver components ~~of the medicaid~~	104772
~~program~~ established by the department of job and family services	104773
under ~~one or more of the medicaid waivers sought under~~ section	104774
5111.87 of the Revised Code. Subject, if needed, to the approval	104775
of the United States secretary of health and human services, the	104776
contract shall include the medicaid waiver component known as the	104777
transitions developmental disabilities waiver. The contract shall	104778
provide for the department of developmental disabilities to	104779
administer the components in accordance with the terms of the	104780
waivers. The contract shall include a schedule for the department	104781
of developmental disabilities to begin administering the	104782
transitions developmental disabilities waiver. The directors of	104783
job and family services and developmental disabilities shall adopt	104784
rules in accordance with Chapter 119. of the Revised Code	104785
governing the components.	104786

If the department of developmental disabilities or the	104787
department of job and family services denies an individual's	104788
application for home and community-based services provided under	104789
any of these medicaid components, the department that denied the	104790
services shall give timely notice to the individual that the	104791
individual may request a hearing under section 5101.35 of the	104792
Revised Code.	104793

The departments of developmental disabilities and job and	104794
family services may approve, reduce, deny, or terminate a service	104795
included in the individualized service plan developed for a	104796
medicaid recipient eligible for home and community-based services	104797
provided under any of these medicaid components. The departments	104798
shall consider the recommendations a county board of developmental	104799
disabilities makes under division (A)(1)(c) of section 5126.055 of	104800
the Revised Code. If either department approves, reduces, denies,	104801
or terminates a service, that department shall give timely notice	104802
to the medicaid recipient that the recipient may request a hearing	104803
under section 5101.35 of the Revised Code.	104804

If supported living, as defined in section 5126.01 of the	104805
Revised Code, is to be provided as a service under any of these	104806
components, any person or government entity with a current, valid	104807
medicaid provider agreement and a current, valid certificate under	104808
section 5123.161 of the Revised Code may provide the service.	104809

If a service is to be provided under any of these components	104810
by a residential facility, as defined in section 5123.19 of the	104811
Revised Code, any person or government entity with a current,	104812
valid medicaid provider agreement and a current, valid license	104813
under section 5123.19 of the Revised Code may provide the service.	104814

Sec. 5111.872. ~~When~~(A) Subject to division (B) of this	104815
section, when the department of developmental disabilities	104816
allocates enrollment numbers to a county board of developmental	104817
disabilities for home and community-based services specified in	104818
division (B)(1) of section 5111.87 of the Revised Code and	104819
provided under any of the medicaid waiver components ~~of the~~	104820
~~medicaid program~~ that the department administers under section	104821
5111.871 of the Revised Code, the department shall consider all of	104822
the following:	104823

~~(A)~~(1) The number of individuals with mental retardation or	104824
other developmental disability who are on a waiting list the	104825
county board establishes under ~~division (C) of~~ section 5126.042 of	104826
the Revised Code for those services and are given priority on the	104827
waiting list ~~pursuant to division (D) or (E) of that section~~;	104828

~~(B)~~(2) The implementation component required by division	104829
(A)(3) of section 5126.054 of the Revised Code of the county	104830
board's plan approved under section 5123.046 of the Revised Code;	104831

~~(C)~~(3) Anything else the department considers necessary to	104832
enable county boards to provide those services to individuals in	104833
accordance with the priority requirements ~~of divisions (D) and (E)~~	104834
offor waiting lists established under section 5126.042 of the	104835
Revised Code for those services.	104836

(B) Division (A) of this section applies to home and	104837
community-based services provided under the medicaid waiver	104838
component known as the transitions developmental disabilities	104839
waiver only to the extent, if any, provided by the contract	104840
required by section 5111.871 of the Revised Code regarding the	104841
waiver.	104842

Sec. 5111.873. (A) ~~Not later than the effective date of the~~	104843
~~first of any medicaid waivers the United States secretary of~~	104844
~~health and human services grants pursuant to a request made under~~	104845
~~section 5111.87 of the Revised Code~~Subject to division (D) of	104846
this section, the director of job and family services shall adopt	104847
rules in accordance with Chapter 119. of the Revised Code	104848
establishing ~~statewide fee schedules~~the amount of reimbursement	104849
or the methods by which amounts of reimbursement are to be	104850
determined for home and community-based services specified in	104851
division (B)(1) of section 5111.87 of the Revised Code and	104852
provided under the components of the medicaid program that the	104853
department of developmental disabilities administers under section	104854
5111.871 of the Revised Code. ~~The~~With respect to these rules	104855
~~shall provide for~~, all of the following apply:	104856

(1) The rules shall establish procedures for the department	104857
of developmental disabilities to follow in arranging for the	104858
initial and ongoing collection of cost information from a	104859
comprehensive, statistically valid sample of persons and	104860
government entities providing the services at the time the	104861
information is obtained;.	104862

(2) The rules shall establish procedures for the collection	104863
of consumer-specific information through an assessment instrument	104864
the department of developmental disabilities shall provide to the	104865
department of job and family services;.	104866

(3) With the information collected pursuant to divisions	104867
(A)(1) and (2) of this section, an analysis of that information,	104868
and other information the director determines relevant, ~~methods~~	104869
~~and~~the rules shall establish reimbursement standards ~~for~~	104870
~~calculating the fee schedules~~ that do all of the following:	104871

(a) Assure that ~~the fees are~~reimbursement is consistent with	104872
efficiency, economy, and quality of care;	104873

(b) Consider the intensity of consumer resource need;

104874

(c) Recognize variations in different geographic areas	104875
regarding the resources necessary to assure the health and welfare	104876
of consumers;	104877

(d) Recognize variations in environmental supports available	104878
to consumers.	104879

(B) As part of the process of adopting rules under this	104880
section, the director shall consult with the director of	104881
developmental disabilities, representatives of county boards of	104882
developmental disabilities, persons who provide the home and	104883
community-based services, and other persons and government	104884
entities the director identifies.	104885

(C) The directors of job and family services and	104886
developmental disabilities shall review the rules adopted under	104887
this section at times they determine are necessary to ensure that	104888
the ~~methods and~~amount of reimbursement or the methods by which	104889
the amounts of reimbursement are to be determined continue to meet	104890
the reimbursement standards established ~~by the rules for~~	104891
~~calculating the fee schedules continue to do everything that~~under	104892
division (A)(3) of this section ~~requires~~.	104893

(D) This section applies to home and community-based services	104894
provided under the medicaid waiver component known as the	104895
transitions developmental disabilities waiver only to the extent,	104896
if any, provided by the contract required by section 5111.871 of	104897
the Revised Code regarding the waiver.	104898

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	104899
of the Revised Code:	104900

"Home and community-based services" has the same meaning as	104901
in section 5123.01 of the Revised Code.	104902

"ICF/MR services" means intermediate care facility for the	104903
mentally retarded services covered by the medicaid program that an	104904
intermediate care facility for the mentally retarded provides to a	104905
resident of the facility who is a medicaid recipient eligible for	104906
medicaid-covered intermediate care facility for the mentally	104907
retarded services.	104908

"Intermediate care facility for the mentally retarded" means	104909
an intermediate care facility for the mentally retarded that is	104910
certified as in compliance with applicable standards for the	104911
medicaid program by the director of health in accordance with	104912
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	104913
U.S.C. 1396, as amended, and licensed as a residential facility	104914
under section 5123.19 of the Revised Code.	104915

"Residential facility" has the same meaning as in section	104916
5123.19 of the Revised Code.	104917

(B) For the purpose of increasing the number of slots	104918
available for home and community-based services and subject to	104919
sections 5111.877 and 5111.878 of the Revised Code, the operator	104920
of an intermediate care facility for the mentally retarded may	104921
convert some or all of the beds in the facility from providing	104922
ICF/MR services to providing home and community-based services if	104923
all of the following requirements are met:	104924

(1) The operator provides the directors of health, job and	104925
family services, and developmental disabilities at least ninety	104926
days' notice of the operator's intent to ~~relinquish the facility's~~	104927
~~certification as an intermediate care facility for the mentally~~	104928
~~retarded and to begin providing home and community-based services~~	104929
make the conversion.	104930

(2) The operator complies with the requirements of sections	104931
5111.65 to 5111.689 of the Revised Code regarding a voluntary	104932
termination as defined in section 5111.65 of the Revised Code if	104933
those requirements are applicable.	104934

(3) ~~The~~If the operator intends to convert all of the	104935
facility's beds, the operator notifies each of the facility's	104936
residents that the facility is to cease providing ICF/MR services	104937
and inform each resident that the resident may do either of the	104938
following:	104939

(a) Continue to receive ICF/MR services by transferring to	104940
another facility that is an intermediate care facility for the	104941
mentally retarded willing and able to accept the resident if the	104942
resident continues to qualify for ICF/MR services;	104943

(b) Begin to receive home and community-based services	104944
instead of ICF/MR services from any provider of home and	104945
community-based services that is willing and able to provide the	104946
services to the resident if the resident is eligible for the	104947
services and a slot for the services is available to the resident.	104948

(4) If the operator intends to convert some but not all of	104949
the facility's beds, the operator notifies each of the facility's	104950
residents that the facility is to convert some of its beds from	104951
providing ICF/MR services to providing home and community-based	104952
services and inform each resident that the resident may do either	104953
of the following:	104954

(a) Continue to receive ICF/MR services from any provider of	104955
ICF/MR services that is willing and able to provide the services	104956
to the resident if the resident continues to qualify for ICF/MR	104957
services;	104958

(b) Begin to receive home and community-based services	104959
instead of ICF/MR services from any provider of home and	104960
community-based services that is willing and able to provide the	104961
services to the resident if the resident is eligible for the	104962
services and a slot for the services is available to the resident.	104963

(5) The operator meets the requirements for providing home	104964
and community-based services, including the following:	104965

(a) Such requirements applicable to a residential facility if	104966
the operator maintains the facility's license as a residential	104967
facility;	104968

(b) Such requirements applicable to a facility that is not	104969
licensed as a residential facility if the operator surrenders the	104970
facility's residential facility license under section 5123.19 of	104971
the Revised Code.	104972

~~(5)~~(6) The ~~director~~directors of developmental disabilities	104973
~~approves~~and job and family services approve the conversion.	104974

(C) A decision by the directors to approve or refuse to	104975
approve a proposed conversion of beds is final. In making a	104976
decision, the directors shall consider all of the following:	104977

(1) The fiscal impact on the facility if some but not all of	104978
the beds are converted;	104979

(2) The fiscal impact on the medical assistance program;

104980

(3) The availability of home and community-based services.

104981

(D) The notice provided to the directors under division	104982
(B)(1) of this section shall specify whether some or all of the	104983
facility's beds are to be converted. If some but not all of the	104984
beds are to be converted, the notice shall specify how many of the	104985
facility's beds are to be converted and how many of the beds are	104986
to continue to provide ICF/MR services. The notice to the director	104987
of developmental disabilities ~~under division (B)(1) of this~~	104988
~~section~~ shall specify whether the operator wishes to surrender the	104989
facility's license as a residential facility under section 5123.19	104990
of the Revised Code.	104991

~~(D)~~(E)(1) If the ~~director~~directors of developmental	104992
disabilities ~~approves~~and job and family services approve a	104993
conversion under division ~~(B)~~(C) of this section, the director of	104994
health shall ~~terminate~~do the following:	104995

(a) Terminate the certification of the intermediate care	104996
facility for the mentally retarded if the notice specifies that	104997
all of the facility's beds are to be converted;	104998

(b) Reduce the facility's certified capacity by the number of	104999
beds being converted if the notice specifies that some but not all	105000
of the beds are to be converted. ~~The~~	105001

(2) The director of health shall notify the director of job	105002
and family services of the termination or reduction. On receipt of	105003
the director of health's notice, the director of job and family	105004
services shall ~~terminate~~do the following:	105005

(a) Terminate the operator's medicaid provider agreement that	105006
authorizes the operator to provide ICF/MR services at the facility	105007
if the facility's certification was terminated;	105008

(b) Amend the operator's medicaid provider agreement to	105009
reflect the facility's reduced certified capacity if the	105010
facility's certified capacity is reduced. ~~The~~	105011

(3) In the case of action taken under division (E)(2)(a) of	105012
this section, the operator is not entitled to notice or a hearing	105013
under Chapter 119. of the Revised Code before the director of job	105014
and family services terminates the medicaid provider agreement.	105015

Sec. 5111.877. The director of job and family services may	105016
seek approval from the United States secretary of health and human	105017
services for not more than a total of ~~one~~two hundred slots for	105018
home and community-based services for the purposes of sections	105019
5111.874, 5111.875, and 5111.876 of the Revised Code.	105020

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811	105021
of the Revised Code:	105022

(1) "Adult" means an individual at least eighteen years of	105023
age.	105024

(2) "Authorized representative" means the following:

105025

(a) In the case of a consumer who is a minor, the consumer's	105026
parent, custodian, or guardian;	105027

(b) In the case of a consumer who is an adult, an individual	105028
selected by the consumer pursuant to section 5111.8810 of the	105029
Revised Code to act on the consumer's behalf for purposes	105030
regarding home care attendant services.	105031

(3) "Authorizing health care professional" means a health	105032
care professional who, pursuant to section 5111.887 of the Revised	105033
Code, authorizes a home care attendant to assist a consumer with	105034
self-administration of medication, nursing tasks, or both.	105035

(4) "Consumer" means an individual to whom all of the	105036
following apply:	105037

(a) The individual is enrolled in a participating medicaid	105038
waiver component.	105039

(b) The individual has a medically determinable physical	105040
impairment to which both of the following apply:	105041

(i) It is expected to last for a continuous period of not	105042
less than twelve months.	105043

(ii) It causes the individual to require assistance with	105044
activities of daily living, self-care, and mobility, including	105045
either assistance with self-administration of medication or the	105046
performance of nursing tasks, or both.	105047

(c) In the case of an individual who is an adult, the	105048
individual is mentally alert and is, or has an authorized	105049
representative who is, capable of selecting, directing the actions	105050
of, and dismissing a home care attendant.	105051

(d) In the case of an individual who is a minor, the	105052
individual has an authorized representative who is capable of	105053
selecting, directing the actions of, and dismissing a home care	105054
attendant.	105055

(5) "Controlled substance" has the same meaning as in section	105056
3719.01 of the Revised Code.	105057

(6) "Custodian" has the same meaning as in section 2151.011	105058
of the Revised Code.	105059

(7) "Gastrostomy tube" means a percutaneously inserted	105060
catheter that terminates in the stomach.	105061

(8) "Guardian" has the same meaning as in section 2111.01 of	105062
the Revised Code.	105063

(9) "Health care professional" means a physician or	105064
registered nurse.	105065

(10) "Home care attendant" means an individual holding a	105066
valid medicaid provider agreement in accordance with section	105067
5111.881 of the Revised Code that authorizes the individual to	105068
provide home care attendant services to consumers.	105069

(11) "Home care attendant services" means all of the	105070
following as provided by a home care attendant:	105071

(a) Personal care aide services;

105072

(b) Assistance with the self-administration of medication;

105073

105074

(12) "Jejunostomy tube" means a percutaneously inserted	105075
catheter that terminates in the jejunum.	105076

(13) "Medicaid waiver component" has the same meaning as in	105077
section 5111.85 of the Revised Code.	105078

(14) "Medication" means a drug as defined in section 4729.01	105079
of the Revised Code.	105080

(15) "Minor" means an individual under eighteen years of age.

105081

(16) "Participating medicaid waiver component" means both of	105082
the following:	105083

(a) The ~~medicaid waiver component known as~~ Ohio home care	105084
~~that the department of job and family services administers~~program	105085
created under section 5111.861 of the Revised Code;	105086

(b) The ~~medicaid waiver component known as~~ Ohio transitions	105087
II aging carve-out ~~that the department of job and family services~~	105088
~~administers~~program created under section 5111.863 of the Revised	105089
Code.	105090

(17) "Physician" means an individual authorized under Chapter	105091
4731. of the Revised Code to practice medicine and surgery or	105092
osteopathic medicine and surgery.	105093

(18) "Practice of nursing as a registered nurse," "practice	105094
of nursing as a licensed practical nurse," and "registered nurse"	105095
have the same meanings as in section 4723.01 of the Revised Code.	105096
"Registered nurse" includes an advanced practice nurse, as defined	105097
in section 4723.01 of the Revised Code.	105098

(19) "Schedule II," "schedule III," "schedule IV," and	105099
"schedule V" have the same meanings as in section 3719.01 of the	105100
Revised Code.	105101

(B) The director of job and family services may submit	105102
requests to the United States secretary of health and human	105103
services to amend the federal medicaid waivers authorizing the	105104
participating medicaid waiver components to have those components	105105
cover home care attendant services in accordance with sections	105106
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of	105107
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811	105108
of the Revised Code, those sections shall be implemented regarding	105109
a participating medicaid waiver component only if the secretary	105110
approves a waiver amendment for the component.	105111

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of	105112
the Revised Code:	105113

"Area agency on aging" has the same meaning as in section	105114
173.14 of the Revised Code.	105115

"Assisted living program" means the program created under	105116
this section.	105117

"Assisted living services" means the following home and	105118
community-based services: personal care, homemaker, chore,	105119
attendant care, companion, medication oversight, and therapeutic	105120
social and recreational programming.	105121

"Assisted living waiver" means the federal medicaid waiver	105122
granted by the United States secretary of health and human	105123
services that authorizes the medicaid-funded component of the	105124
assisted living program.	105125

"County or district home" means a county or district home	105126
operated under Chapter 5155. of the Revised Code.	105127

"Long-term care consultation program" means the program the	105128
department of aging is required to develop under section 173.42 of	105129
the Revised Code.	105130

"Long-term care consultation program administrator" or	105131
"administrator" means the department of aging or, if the	105132
department contracts with an area agency on aging or other entity	105133
to administer the long-term care consultation program for a	105134
particular area, that agency or entity.	105135

"Medicaid waiver component" has the same meaning as in	105136
section 5111.85 of the Revised Code.	105137

"Nursing facility" has the same meaning as in section 5111.20	105138
of the Revised Code.	105139

"Residential care facility" has the same meaning as in	105140
section 3721.01 of the Revised Code.	105141

~~"State administrative agency" means the department of job and~~	105142
~~family services if the department of job and family services~~	105143
~~administers the assisted living program or the department of aging~~	105144
~~if the department of aging administers the assisted living~~	105145
~~program.~~	105146

"Unified long-term services and support medicaid waiver	105147
component" means the medicaid waiver component authorized by	105148
section 5111.864 of the Revised Code.	105149

(B) There is hereby created the assisted living program. The	105150
program shall provide assisted living services to individuals who	105151
meet the program's applicable eligibility requirements ~~established~~	105152
~~under section 5111.891 of the Revised Code~~. ~~The~~Subject to	105153
division (C) of this section, the program ~~may not serve more~~	105154
~~individuals than the number that is set by the United States~~	105155
~~secretary of health and human services when the medicaid waiver~~	105156
~~authorizing the program is approved~~shall have a medicaid-funded	105157
component and a state-funded component.	105158

(C)(1) Unless the medicaid-funded component of the assisted	105159
living program is terminated under division (C)(2) of this	105160
section, all of the following apply:	105161

(a) The department of aging shall administer the	105162
medicaid-funded component through a contract entered into with the	105163
department of job and family services under section 5111.91 of the	105164
Revised Code.	105165

(b) The contract shall include an estimate of the	105166
medicaid-funded component's costs. ~~The program~~	105167

(c) The medicaid-funded component shall be operated as a	105168
separate medicaid waiver component ~~until the United States~~	105169
~~secretary approves the consolidated federal medicaid waiver sought~~	105170
~~under section 5111.861 of the Revised Code~~. ~~The program shall be~~	105171
~~part of the consolidated federal medicaid waiver sought under that~~	105172
~~section if the United States secretary approves the waiver.~~	105173

~~If the director of budget and management approves the~~	105174
~~contract, the department of job and family services shall enter~~	105175
~~into a contract with the department of aging under section 5111.91~~	105176
~~of the Revised Code that provides for the department of aging to~~	105177
~~administer the assisted living program. The contract shall include~~	105178
~~an estimate of the program's costs.~~	105179

~~The~~(d) The medicaid-funded component may not serve more	105180
individuals than is set by the United States secretary of health	105181
and human services in the assisted living waiver.	105182

(e) The director of job and family services may adopt rules	105183
under section 5111.85 of the Revised Code regarding the ~~assisted~~	105184
~~living program~~medicaid-funded component. ~~The~~	105185

(f) The director of aging may adopt rules under Chapter 119.	105186
of the Revised Code regarding the ~~program~~medicaid-funded	105187
component that the rules adopted by the director of job and family	105188
services under division (C)(1)(e) of this section authorize the	105189
director of aging to adopt.	105190

(2) If the unified long-term services and support medicaid	105191
waiver component is created, the departments of aging and job and	105192
family services shall work together to determine whether the	105193
medicaid-funded component of the assisted living program should	105194
continue to operate as a separate medicaid waiver component or be	105195
terminated. If the departments determine that the medicaid-funded	105196
component of the assisted living program should be terminated, the	105197
medicaid-funded component shall cease to exist on a date the	105198
departments shall specify.	105199

(D) The department of aging shall administer the state-funded	105200
component of the assisted living program. The state-funded	105201
component shall not be administered as part of the medicaid	105202
program.	105203

An individual who is eligible for the state-funded component	105204
may participate in the component for not more than three months.	105205

The director of aging shall adopt rules in accordance with	105206
section 111.15 of the Revised Code to implement the state-funded	105207
component.	105208

Sec. 5111.891. To be eligible for the medicaid-funded	105209
component of the assisted living program, an individual must meet	105210
all of the following requirements:	105211

(A) Need an intermediate level of care as determined under	105212
rule 5101:3-3-06 of the Administrative Code;	105213

(B) ~~At the time the individual applies for the assisted~~	105214
~~living program, be one of the following:~~	105215

~~(1) A nursing facility resident who is seeking to move to a~~	105216
~~residential care facility and would remain in a nursing facility~~	105217
~~for long~~-~~term care if not for the assisted living program;~~	105218

~~(2) A participant of any of the following medicaid waiver~~	105219
~~components who would move to a nursing facility if not for the~~	105220
~~assisted living program:~~	105221

~~(a) The PASSPORT program created under section 173.40 of the~~	105222
~~Revised Code;~~	105223

~~(b) The choices program created under section 173.403 of the~~	105224
~~Revised Code;~~	105225

~~(c) A medicaid waiver component that the department of job~~	105226
~~and family services administers.~~	105227

~~(3) A resident of a residential care facility who has resided~~	105228
~~in a residential care facility for at least six months immediately~~	105229
~~before the date the individual applies for the assisted living~~	105230
~~program.~~	105231

~~(C) At the time the individual receives~~While receiving	105232
assisted living services under the ~~assisted living program~~	105233
medicaid-funded component, reside in a residential care facility	105234
that is authorized by a valid medicaid provider agreement to	105235
participate in the ~~assisted living program~~component, including	105236
both of the following:	105237

(1) A residential care facility that is owned or operated by	105238
a metropolitan housing authority that has a contract with the	105239
United States department of housing and urban development to	105240
receive an operating subsidy or rental assistance for the	105241
residents of the facility;	105242

(2) A county or district home licensed as a residential care	105243
facility.	105244

~~(D)~~(C) Meet all other eligibility requirements for the	105245
~~assisted living program~~medicaid-funded component established in	105246
rules adopted ~~under~~pursuant to division (C) of section ~~5111.85~~	105247
5111.89 of the Revised Code.	105248

Sec. 5111.892. To be eligible for the state-funded component	105249
of the assisted living program, an individual must meet all of the	105250
following requirements:	105251

(A) The individual must need an intermediate level of care as	105252
determined under rule 5101:3-3-06 of the Administrative Code;	105253

(B) The individual must have an application for the	105254
medicaid-funded component of the assisted living program (or, if	105255
the medicaid-funded component is terminated under division (C)(2)	105256
of section 5111.89 of the Revised Code, the unified long-term	105257
services and support medicaid waiver component) pending and the	105258
department or the department's designee must have determined that	105259
the individual meets the nonfinancial eligibility requirements of	105260
the medicaid-funded component (or, if the medicaid-funded	105261
component is terminated under division (C)(2) of section 5111.89	105262
of the Revised Code, the unified long-term services and support	105263
medicaid waiver component) and not have reason to doubt that the	105264
individual meets the financial eligibility requirements of the	105265
medicaid-funded component (or, if the medicaid-funded component is	105266
terminated under division (C)(2) of section 5111.89 of the Revised	105267
Code, the unified long-term services and support medicaid waiver	105268
component).	105269

(C) While receiving assisted living services under	105270
state-funded component, the individual must reside in a	105271
residential care facility that is authorized by a valid provider	105272
agreement to participate in the component, including both of the	105273
following:	105274

(1) A residential care facility that is owned or operated by	105275
a metropolitan housing authority that has a contract with the	105276
United States department of housing and urban development to	105277
receive an operating subsidy or rental assistance for the	105278
residents of the facility;	105279

(2) A county or district home licensed as a residential care	105280
facility.	105281

(D) The individual must meet all other eligibility	105282
requirements for the state-funded component established in rules	105283
adopted under division (D) of section 5111.89 of the Revised Code.	105284

~~Sec. 5111.892.~~ Sec. 5111.893. A residential care facility	105285
providing services covered by the assisted living program to an	105286
individual enrolled in the program shall have staff on-site	105287
twenty-four hours each day who are able to do all of the	105288
following:	105289

(A) Meet the scheduled and unpredicted needs of the	105290
individuals enrolled in the assisted living program in a manner	105291
that promotes the individuals' dignity and independence;	105292

(B) Provide supervision services for those individuals;

105293

105294

Sec. 5111.894. (A) ~~The state administrative agency~~Subject	105295
to division (C)(2) of section 5111.89 of the Revised Code, the	105296
department of aging shall establish a home first component of the	105297
assisted living program under which eligible individuals may be	105298
enrolled in the medicaid-funded component of the assisted living	105299
program in accordance with this section. An individual is eligible	105300
for the assisted living program's home first component if ~~all~~both	105301
of the following apply:	105302

(1) The individual ishas been determined to be eligible for	105303
the medicaid-funded component of the assisted living program.	105304

(2) ~~The individual is on the unified waiting list established~~	105305
~~under section 173.404 of the Revised Code.~~	105306

~~(3)~~ At least one of the following applies:

105307

(a) The individual has been admitted to a nursing facility.

105308

(b) A physician has determined and documented in writing that	105309
the individual has a medical condition that, unless the individual	105310
is enrolled in home and community-based services such as the	105311
assisted living program, will require the individual to be	105312
admitted to a nursing facility within thirty days of the	105313
physician's determination.	105314

(c) The individual has been hospitalized and a physician has	105315
determined and documented in writing that, unless the individual	105316
is enrolled in home and community-based services such as the	105317
assisted living program, the individual is to be transported	105318
directly from the hospital to a nursing facility and admitted.	105319

(d) Both of the following apply:

105320

(i) The individual is the subject of a report made under	105321
section 5101.61 of the Revised Code regarding abuse, neglect, or	105322
exploitation or such a report referred to a county department of	105323
job and family services under section 5126.31 of the Revised Code	105324
or has made a request to a county department for protective	105325
services as defined in section 5101.60 of the Revised Code.	105326

(ii) A county department of job and family services and an	105327
area agency on aging have jointly documented in writing that,	105328
unless the individual is enrolled in home and community-based	105329
services such as the assisted living program, the individual	105330
should be admitted to a nursing facility.	105331

(e) The individual resided in a residential care facility for	105332
at least six months immediately before applying for the	105333
medicaid-funded component of the assisted living program and is at	105334
risk of imminent admission to a nursing facility because the costs	105335
of residing in the residential care facility have depleted the	105336
individual's resources such that the individual is unable to	105337
continue to afford the cost of residing in the residential care	105338
facility.	105339

(B) Each month, each area agency on aging shall identify	105340
individuals residing in the area that the area agency on aging	105341
serves who are eligible for the home first component of the	105342
assisted living program. When an area agency on aging identifies	105343
such an individual and determines that there is a vacancy in a	105344
residential care facility participating in the medicaid-funded	105345
component of the assisted living program that is acceptable to the	105346
individual, the agency shall notify the long-term care	105347
consultation program administrator serving the area in which the	105348
individual resides. The administrator shall determine whether the	105349
assisted living program is appropriate for the individual and	105350
whether the individual would rather participate in the assisted	105351
living program than continue or begin to reside in a nursing	105352
facility. If the administrator determines that the assisted living	105353
program is appropriate for the individual and the individual would	105354
rather participate in the assisted living program than continue or	105355
begin to reside in a nursing facility, the administrator shall so	105356
notify the ~~state administrative agency~~department of aging. On	105357
receipt of the notice from the administrator, the ~~state~~	105358
~~administrative agency~~department shall approve the individual's	105359
enrollment in the medicaid-funded component of the assisted living	105360
program regardless of the unified waiting list established under	105361
section 173.404 of the Revised Code, unless the enrollment would	105362
cause the ~~assisted living program~~component to exceed any limit on	105363
the number of individuals who may participate in the ~~program~~	105364
component as set by the United States secretary of health and	105365
human services ~~when the medicaid waiver authorizing~~in the ~~program~~	105366
~~is approved~~assisted living waiver.	105367

~~(C) Each quarter, the state administrative agency shall~~	105368
~~certify to the director of budget and management the estimated~~	105369
~~increase in costs of the assisted living program resulting from~~	105370
~~enrollment of individuals in the assisted living program pursuant~~	105371
~~to this section.~~	105372

Sec. 5111.911. Any contract the department of job and family	105373
services enters into with the department of mental health or	105374
department of alcohol and drug addiction services under section	105375
5111.91 of the Revised Code is subject to the approval of the	105376
director of budget and management and shall require or specify all	105377
of the following:	105378

(A) In the case of a contract with the department of mental	105379
health, that section 5111.912 of the Revised Code be complied	105380
with;	105381

(B) In the case of a contract with the department of alcohol	105382
and drug addiction services, that section 5111.913 of the Revised	105383
Code be complied with;	105384

105385

(D) The department of mental health's or department of	105386
alcohol and drug addiction services' responsibilities ~~for~~	105387
~~reimbursing~~with regard to providers, including program oversight	105388
and quality assurance.	105389

Sec. 5111.912. If the department of job and family services	105390
enters into a contract with the department of mental health under	105391
section 5111.91 of the Revised Code, the department of ~~mental~~	105392
~~health and boards of alcohol, drug addiction, and mental health~~	105393
job and family services shall pay the nonfederal share of any	105394
medicaid payment to a provider for services under the component,	105395
or aspect of the component, the department of mental health	105396
administers. If necessary, the director of job and family services	105397
shall submit a state medicaid plan amendment to the United States	105398
secretary of health and human services regarding the department of	105399
job and family services' duty under this section.	105400

Sec. 5111.913. If the department of job and family services	105401
enters into a contract with the department of alcohol and drug	105402
addiction services under section 5111.91 of the Revised Code, ~~the~~	105403
~~department of alcohol and drug addiction services and~~ boards of	105404
alcohol, drug addiction, and mental health services shall pay the	105405
nonfederal share of any medicaid payment to a provider for	105406
services under the component, or aspect of the component, the	105407
department of alcohol and drug addiction services administers. A	105408
board shall use funds allocated to the board under section 3793.04	105409
of the Revised Code to pay the nonfederal share.	105410

Sec. 5111.94. (A) As used in this section, "vendor offset"	105411
means a reduction of a medicaid payment to a medicaid provider to	105412
correct a previous, incorrect medicaid payment to that provider.	105413

(B) There is hereby created in the state treasury the health	105414
care services administration fund. Except as provided in division	105415
(C) of this section, all the following shall be deposited into the	105416
fund:	105417

(1) Amounts deposited into the fund pursuant to sections	105418
5111.92 and 5111.93 of the Revised Code;	105419

(2) The amount of the state share of all money the department	105420
of job and family services, in fiscal year 2003 and each fiscal	105421
year thereafter, recovers pursuant to a tort action under the	105422
department's right of recovery under section 5101.58 of the	105423
Revised Code that exceeds the state share of all money the	105424
department, in fiscal year 2002, recovers pursuant to a tort	105425
action under that right of recovery;	105426

(3) Subject to division (D) of this section, the amount of	105427
the state share of all money the department of job and family	105428
services, in fiscal year 2003 and each fiscal year thereafter,	105429
recovers through audits of medicaid providers that exceeds the	105430
state share of all money the department, in fiscal year 2002,	105431
recovers through such audits;	105432

(4) Amounts from assessments on hospitals under section	105433
5112.06 of the Revised Code and intergovernmental transfers by	105434
governmental hospitals under section 5112.07 of the Revised Code	105435
that are deposited into the fund in accordance with the law;	105436

(5) Amounts that the department of education pays to the	105437
department of job and family services, if any, pursuant to an	105438
interagency agreement entered into under section 5111.713 of the	105439
Revised Code;	105440

(6) The application fees charged to providers under section	105441
5111.063 of the Revised Code.	105442

(C) No funds shall be deposited into the health care services	105443
administration fund in violation of federal statutes or	105444
regulations.	105445

(D) In determining under division (B)(3) of this section the	105446
amount of money the department, in a fiscal year, recovers through	105447
audits of medicaid providers, the amount recovered in the form of	105448
vendor offset shall be excluded.	105449

(E) The director of job and family services shall use funds	105450
available in the health care services administration fund to pay	105451
for costs associated with the administration of the medicaid	105452
program.	105453

Sec. 5111.941. ~~(A)~~ The medicaid revenue and collections fund	105454
is hereby created in the state treasury. Except as otherwise	105455
provided by statute or as authorized by the controlling board,	105456
~~both of the following shall be credited to the fund:~~	105457

~~(1) The~~the nonfederal share of all medicaid-related	105458
revenues, collections, and recoveries;	105459

~~(2) The monthly premiums charged under the children's buy-in~~	105460
~~program pursuant to section 5101.5213 of the Revised Code~~shall be	105461
credited to the fund.	105462

~~(B)~~ The department of job and family services shall use money	105463
credited to the medicaid revenue and collections fund to pay for	105464
medicaid services and contracts ~~and the children's buy-in program~~	105465
~~established under sections 5101.5211 to 5101.5216 of the Revised~~	105466
~~Code~~.	105467

Sec. 5111.944. (A) As used in this section:

105468

"Dual eligible individual" has the same meaning as in section	105469
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	105470
42 U.S.C. 1396n(h)(2)(B).	105471

"Dual eligible integrated care demonstration project" means	105472
the demonstration project authorized by section 5111.981 of the	105473
Revised Code.	105474

"Medicare program" means the program created under Title	105475
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	105476
1395, as amended.	105477

(B) There is created in the state treasury the integrated	105478
care delivery systems fund. If the terms of the federal approval	105479
for the dual eligible integrated care demonstration project	105480
provide for the state to receive a portion of the amounts that the	105481
demonstration project saves the medicare program, such amounts	105482
shall be deposited into the fund. The department of job and family	105483
services shall use the money in the fund to further develop	105484
integrated delivery systems and improved care coordination for	105485
dual eligible individuals.	105486

Sec. 5111.945. There is created in the state treasury the	105487
health care special activities fund. The department of job and	105488
family services shall deposit all funds it receives pursuant to	105489
the administration of the medicaid program into the fund, other	105490
than any such funds that are required by law to be deposited into	105491
another fund. The department shall use the money in the fund to	105492
pay for expenses related to the services provided under, and the	105493
administration of, the medicaid program.	105494

Sec. 5111.97. (A) As used in this section ~~and in section~~	105495
~~5111.971 of the Revised Code~~, "nursing facility" has the same	105496
meaning as in section 5111.20 of the Revised Code.	105497

(B) To the extent funds are available, the director of job	105498
and family services may establish the Ohio access success project	105499
to help medicaid recipients make the transition from residing in a	105500
nursing facility to residing in a community setting. The ~~program~~	105501
project may be established as a separate ~~non-medicaid~~nonmedicaid	105502
program or integrated into a new or existing program of	105503
medicaid-funded home and community-based services authorized by a	105504
waiver approved by the United States department of health and	105505
human services. The director shall permit any recipient of	105506
medicaid-funded nursing facility services to apply for	105507
participation in the ~~program~~project, but may limit the number of	105508
~~program~~project participants. ~~If an application is received before~~	105509
~~the applicant has been a recipient of medicaid-funded nursing~~	105510
~~facility services for six months, the~~	105511

The director shall ensure that an assessment of an applicant	105512
is conducted as soon as practicable to determine whether the	105513
applicant is eligible for participation in the ~~program~~project. To	105514
the maximum extent possible, the assessment and eligibility	105515
determination shall be completed not later than the date that	105516
occurs six months after the applicant became a recipient of	105517
medicaid-funded nursing facility services.	105518

(C) To be eligible for benefits under the project, a medicaid	105519
recipient must satisfy all of the following requirements:	105520

(1) BeThe medicaid recipient must be a recipient of	105521
medicaid-funded nursing facility services, at the time of applying	105522
for the project benefits;.	105523

(2) ~~Need the level of care provided by nursing facilities;~~

105524

~~(3) For participation in a non-medicaid~~If the project is	105525
established as a nonmedicaid program, ~~receive services~~the	105526
medicaid recipient must be able to remain in the community ~~with a~~	105527
as a result of receiving project benefits and the projected cost	105528
of the benefits to the project does not ~~exceeding~~exceed eighty	105529
per cent of the average monthly medicaid cost of a medicaid	105530
recipient in a nursing facility;	105531

~~(4) For participation in a program established as part of~~.

105532

(3) If the project is integrated into a medicaid-funded home	105533
and community-based services waiver program, the medicaid	105534
recipient must meet waiver enrollment criteria.	105535

(D) If the director establishes the Ohio access success	105536
project, the benefits provided under the project may include	105537
payment of all of the following:	105538

(1) The first month's rent in a community setting;

105539

(2) Rental deposits;

105540

(3) Utility deposits;

105541

(4) Moving expenses;

105542

(5) Other expenses not covered by the medicaid program that	105543
facilitate a medicaid recipient's move from a nursing facility to	105544
a community setting.	105545

(E) If the project is established as a ~~non-medicaid~~	105546
nonmedicaid program, no participant may receive more than two	105547
thousand dollars worth of benefits under the project.	105548

(F) The director may submit a request to the United States	105549
secretary of health and human services pursuant to section 1915 of	105550
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	105551
as amended, to create a medicaid home and community-based services	105552
waiver program to serve individuals who meet the criteria for	105553
participation in the Ohio access success project. The director may	105554
adopt rules under Chapter 119. of the Revised Code for the	105555
administration and operation of the ~~program~~project.	105556

Sec. 5111.981. (A) As used in this section:

105557

"Dual eligible individual" has the same meaning as in section	105558
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),	105559
42 U.S.C. 1396n(h)(2)(B).	105560

"Medicare program" means the program created under Title	105561
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.	105562
1395, as amended.	105563

(B) Subject to division (C) of this section, the director of	105564
job and family services may implement a demonstration project to	105565
test and evaluate the integration of the care that dual eligible	105566
individuals receive under the medicare and medicaid programs. No	105567
provision of Title LI of the Revised Code applies to the	105568
demonstration project if that provision implements or incorporates	105569
a provision of federal law governing the medicaid program and that	105570
provision of federal law does not apply to the demonstration	105571
project.	105572

(C) Before implementing the demonstration project under	105573
division (B) of this section, the director shall obtain the	105574
approval of the United States secretary of health and human	105575
services in the form of a federal medicaid waiver, medicaid state	105576
plan amendment, or demonstration grant. The director is required	105577
to seek the federal approval only if the director seeks to	105578
implement the demonstration project. The director shall implement	105579
the demonstration project in accordance with the terms of the	105580
federal approval, including the terms regarding the duration of	105581
the demonstration project.	105582

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	105583
Revised Code:	105584

(A) "Franchise permit fee rate" means the following:

105585

(1) ~~Until August 1, 2009, eleven dollars and ninety-eight~~	105586
~~cents;~~	105587

~~(2) For the period beginning August 1, 2009, and ending June~~	105588
~~30, 2010, fourteen dollars and seventy-five cents;~~	105589

~~(3)~~ For fiscal year ~~2011~~2012, ~~thirteen~~seventeen dollars and	105590
~~fifty-five~~ninety-nine cents;	105591

~~(4)~~(2) For fiscal year ~~2012~~2013 and each fiscal year	105592
thereafter, ~~the rate used for the immediately preceding fiscal~~	105593
~~year as adjusted in accordance with the composite inflation factor~~	105594
~~established in rules adopted under section 5112.39 of the Revised~~	105595
~~Code~~eighteen dollars and thirty-two cents.	105596

(B) "Indirect guarantee percentage" means the percentage	105597
specified in section 1903(w)(4)(C)(ii) of the "Social Security	105598
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as	105599
amended, that is to be used in determining whether a class of	105600
providers is indirectly held harmless for any portion of the costs	105601
of a broad-based health-care-related tax. If the indirect	105602
guarantee percentage changes during a fiscal year, the indirect	105603
guarantee percentage is the following:	105604

(1) For the part of the fiscal year before the change takes	105605
effect, the percentage in effect before the change;	105606

(2) For the part of the fiscal year beginning with the date	105607
the indirect guarantee percentage changes, the new percentage.	105608

(C) "Intermediate care facility for the mentally retarded"	105609
has the same meaning as in section 5111.20 of the Revised Code,	105610
except that, until August 1, 2009, it does not include any such	105611
facility operated by the department of developmental disabilities.	105612

~~(C)~~(D) "Medicaid" has the same meaning as in section 5111.01	105613
of the Revised Code.	105614

Sec. 5112.31. The department of job and family services	105615
shall do all of the following:	105616

(A) Subject to ~~division~~divisions (B) and (C) of this section	105617
and for the purposes specified in sections 5112.37 and 5112.371 of	105618
the Revised Code, assess for each fiscal year each intermediate	105619
care facility for the mentally retarded a franchise permit fee	105620
equal to the franchise permit fee rate multiplied by the product	105621
of the following:	105622

(1) The number of beds certified under Title XIX of the	105623
"Social Security Act" on the first day of May of the calendar year	105624
in which the assessment is determined pursuant to division (A) of	105625
section 5112.33 of the Revised Code;	105626

(2) The ~~following number of days:~~

105627

~~(a) For fiscal year 2010, the following:~~

105628

~~(i) For the part of fiscal year 2010 during which the~~	105629
~~franchise permit fee rate is eleven dollars and ninety-eight~~	105630
~~cents, the number of days during fiscal year 2010 during which the~~	105631
~~franchise permit fee rate is that amount;~~	105632

~~(ii) For the part of fiscal year 2010 during which the~~	105633
~~franchise permit fee rate is fourteen dollars and seventy-five~~	105634
~~cents, the number of days during fiscal year 2010 during which the~~	105635
~~franchise permit fee is that amount;~~	105636

~~(iii) For fiscal year 2011 and each fiscal year thereafter,~~	105637
~~the~~ number of days in the fiscal year.	105638

(B) If the total amount of the franchise permit fee assessed	105639
under division (A) of this section for a fiscal year exceeds ~~five~~	105640
~~and one-half per cent~~the indirect guarantee percentage of the	105641
actual net patient revenue for all intermediate care facilities	105642
for the mentally retarded for that fiscal year, do both of the	105643
following:	105644

(1) Recalculate the assessments under division (A) of this	105645
section using a per bed per day rate equal to ~~five and one-half~~	105646
~~per cent~~the indirect guarantee percentage of actual net patient	105647
revenue for all intermediate care facilities for the mentally	105648
retarded for that fiscal year;	105649

(2) Refund the difference between the amount of the franchise	105650
permit fee assessed for that fiscal year under division (A) of	105651
this section and the amount recalculated under division (B)(1) of	105652
this section as a credit against the assessments imposed under	105653
division (A) of this section for the subsequent fiscal year.	105654

(C) If the United States secretary of health and human	105655
services determines that the franchise permit fee established by	105656
sections 5112.30 to 5112.39 of the Revised Code would be an	105657
impermissible health care-related tax under section 1903(w) of the	105658
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	105659
necessary actions to cease implementation of those sections in	105660
accordance with rules adopted under section 5112.39 of the Revised	105661
Code.	105662

Sec. 5112.37. There is hereby created in the state treasury	105663
the home and community-based services for the mentally retarded	105664
and developmentally disabled fund. ~~Eighty-four~~Eighty-one and ~~two~~	105665
~~tenths~~seventy-seven hundredths per cent of all installment	105666
payments and penalties paid by an intermediate care facility for	105667
the mentally retarded under sections 5112.33 and 5112.34 of the	105668
Revised Code for state fiscal year ~~2010~~2012 shall be deposited	105669
into the fund. ~~Seventy-nine~~Eighty-two and ~~twelve hundredths~~two	105670
tenths per cent of all installment payments and penalties paid by	105671
an intermediate care facility for the mentally retarded under	105672
sections 5112.33 and 5112.34 of the Revised Code for state fiscal	105673
year ~~2011~~2013 and thereafter shall be deposited into the fund.	105674
The department of job and family services shall distribute the	105675
money in the fund in accordance with rules adopted under section	105676
5112.39 of the Revised Code. The departments of job and family	105677
services and developmental disabilities shall use the money for	105678
the medicaid program established under Chapter 5111. of the	105679
Revised Code and home and community-based services to mentally	105680
retarded and developmentally disabled persons.	105681

Sec. 5112.371. There is hereby created in the state treasury	105682
the department of developmental disabilities operating and	105683
services fund. ~~Fifteen and eight tenths per cent of all~~All	105684
installment payments and penalties paid by an intermediate care	105685
facility for the mentally retarded under sections 5112.33 and	105686
5112.34 of the Revised Code ~~for state fiscal year 2010~~that are	105687
not deposited into the home and community-based services for the	105688
mentally retarded and developmentally disabled fund shall be	105689
deposited into the department of developmental disabilities	105690
operating and services fund. ~~Twenty and eighty-eight hundredths~~	105691
~~per cent of all installment payments and penalties paid by an~~	105692
~~intermediate care facility for the mentally retarded under~~	105693
~~sections 5112.33 and 5112.34 of the Revised Code for state fiscal~~	105694
~~year 2011 and thereafter shall be deposited into the fund.~~ The	105695
money in the fund shall be used for the expenses of the programs	105696
that the department of ~~mental retardation and~~ developmental	105697
disabilities administers and the department's administrative	105698
expenses.	105699

Sec. 5112.39. The director of job and family services shall	105700
adopt rules in accordance with Chapter 119. of the Revised Code to	105701
do all of the following:	105702

(A) ~~Establish a composite inflation factor for the purpose of~~	105703
~~division (A)(4) of section 5112.30 of the Revised Code;~~	105704

~~(B)~~ Prescribe the actions the department will take to cease	105705
implementation of sections 5112.30 to 5112.39 of the Revised Code	105706
if the United States secretary of health and human services	105707
determines that the franchise permit fee imposed under section	105708
5112.31 of the Revised Code is an impermissible health	105709
care-related tax under section 1903(w) of the "Social Security	105710
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;	105711

~~(C)~~(B) Establish the method of distributing the money in the	105712
home and community-based services for the mentally retarded and	105713
developmentally disabled fund created by section 5112.37 of the	105714
Revised Code;	105715

~~(D)~~(C) Establish any other requirements or procedures the	105716
director considers necessary to implement sections 5112.30 to	105717
5112.39 of the Revised Code.	105718

Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the	105719
Revised Code:	105720

(A) "Applicable assessment percentage" means the percentage	105721
specified in rules adopted under section 5112.46 of the Revised	105722
Code that is used in calculating a hospital's assessment under	105723
section 5112.41 of the Revised Code.	105724

(B) "Assessment program year" means the twelve-month period	105725
beginning the first day of October of a calendar year and ending	105726
the last day of September of the following calendar year.	105727

~~(B)~~(C) "Cost reporting period" means the period of time used	105728
by a hospital in reporting costs for purposes of the medicare	105729
program.	105730

~~(C)~~(D) "Federal fiscal year" means the twelve-month period	105731
beginning the first day of October of a calendar year and ending	105732
the last day of September of the following calendar year.	105733

~~(D)~~(E)(1) Except as provided in division ~~(D)~~(E)(2) of this	105734
section, "hospital" means a hospital to which any of the following	105735
applies:	105736

(a) The hospital is registered under section 3701.07 of the	105737
Revised Code as a general medical and surgical hospital or a	105738
pediatric general hospital and provides inpatient hospital	105739
services, as defined in 42 C.F.R. 440.10.	105740

(b) The hospital is recognized under the medicare program as	105741
a cancer hospital and is exempt from the medicare prospective	105742
payment system.	105743

(c) The hospital is a psychiatric hospital licensed under	105744
section 5119.20 of the Revised Code.	105745

(2) "Hospital" does not include either of the following:

105746

(a) A federal hospital;

105747

(b) A hospital that does not charge any of its patients for	105748
its services.	105749

~~(E)~~(F) "Hospital care assurance program" means the program	105750
established under sections 5112.01 to 5112.21 of the Revised Code.	105751

~~(F)~~(G) "Medicaid" has the same meaning as in section 5111.01	105752
of the Revised Code.	105753

~~(G)~~(H) "Medicare" means the program established under Title	105754
XVIII of the Social Security Act.	105755

~~(H)~~(I) "State fiscal year" means the twelve-month period	105756
beginning the first day of July of a calendar year and ending the	105757
last day of June of the following calendar year.	105758

~~(I)~~(J)(1) Except as provided in divisions ~~(I)~~(J)(2) and (3)	105759
of this section, "total facility costs" means the total costs to a	105760
hospital for all care provided to all patients, including the	105761
direct, indirect, and overhead costs to the hospital of all	105762
services, supplies, equipment, and capital related to the care of	105763
patients, regardless of whether patients are enrolled in a health	105764
insuring corporation.	105765

(2) "Total facility costs" excludes all of the following of a	105766
hospital's costs as shown on the cost-reporting data used for	105767
purposes of determining the hospital's assessment under section	105768
5112.41 of the Revised Code:	105769

(a) Skilled nursing services provided in distinct-part	105770
nursing facility units;	105771

(b) Home health services;

105772

105773

(d) Ambulance services;

105774

(e) Renting durable medical equipment;

105775

(f) Selling durable medical equipment.

105776

(3) "Total facility costs" excludes any costs excluded from a	105777
hospital's total facility costs pursuant to rules, if any, adopted	105778
under division (B)(1) of section 5112.46 of the Revised Code.	105779

Sec. 5112.41. (A) For the purposes specified in section	105780
5112.45 of the Revised Code and subject to section 5112.48 of the	105781
Revised Code, there is hereby imposed an assessment on all	105782
hospitals each assessment program year. The amount of a hospital's	105783
assessment for an assessment program year shall equal~~, except as~~	105784
~~provided in division (D) of this section,~~ the applicable	105785
assessment percentage ~~specified in division (B) of this section~~ of	105786
the hospital's total facility costs for the period of time	105787
specified in division ~~(C)~~(B) of this section. The amount of a	105788
hospital's total facility costs shall be derived from	105789
cost-reporting data for the hospital submitted to the department	105790
of job and family services for purposes of the hospital care	105791
assurance program. If a hospital has not submitted that	105792
cost-reporting data to the department, the amount of a hospital's	105793
total facility costs shall be derived from other financial	105794
statements that the hospital shall provide to the department as	105795
directed by the department. The cost-reporting data or financial	105796
statements used to determine a hospital's assessment is subject to	105797
the same type of adjustments made to the cost-reporting data under	105798
the hospital care assurance program.	105799

(B) ~~The percentage specified in this division is the~~	105800
~~following:~~	105801

~~(1) For the first assessment program year beginning after the~~	105802
~~effective date of this section, one and fifty-two hundredths per~~	105803
~~cent;~~	105804

~~(2) Subject to division (D) of this section, for the second~~	105805
~~assessment program year after the effective date of this section~~	105806
~~and each successive assessment program year, one and sixty-one~~	105807
~~hundredths per cent.~~	105808

~~(C)~~ The period of time specified in this division is the	105809
hospital's cost reporting period that ends in the state fiscal	105810
year that ends in the federal fiscal year that precedes the	105811
federal fiscal year that precedes the assessment program year for	105812
which the assessment is imposed.	105813

~~(D) The department of job and family services shall apply to~~	105814
~~the United States secretary of health and human services for a~~	105815
~~waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second~~	105816
~~assessment program year after the effective date of this section~~	105817
~~and each successive assessment program year, a tiered assessment~~	105818
~~on hospitals' total facility costs instead of applying the~~	105819
~~percentage specified in division (B)(2) of this section. If the~~	105820
~~United States secretary denies the waiver, the department shall~~	105821
~~apply the percentage specified in division (B)(2) of this section~~	105822
~~for the second assessment program year after the effective date of~~	105823
~~this section and each successive assessment program year.~~	105824

~~(E)~~(C) The assessment imposed by this section on a hospital	105825
is in addition to the assessment imposed by section 5112.06 of the	105826
Revised Code.	105827

Sec. 5112.46. (A) The director of job and family services	105828
~~may~~shall adopt, amend, and rescind rules in accordance with	105829
Chapter 119. of the Revised Code as necessary to implement	105830
sections 5112.40 to 5112.48 of the Revised Code, including rules	105831
that specify the percentage of hospitals' total facility costs to	105832
be used in calculating hospitals' assessments under section	105833
5112.41 of the Revised Code.	105834

(B) The rules adopted under this section may ~~provide~~do the	105835
following:	105836

(1) Provide that a hospital's total facility costs for the	105837
purpose of the assessment under section 5112.41 of the Revised	105838
Code exclude any of the following:	105839

~~(1)~~(a) A hospital's costs associated with providing care to	105840
recipients of any of the following:	105841

~~(a)~~(i) The medicaid program;

105842

~~(b)~~(ii) The medicare program;

105843

~~(c)~~(iii) The disability financial assistance program	105844
established under Chapter 5115. of the Revised Code;	105845

~~(d)~~(iv) The program for medically handicapped children	105846
established under section 3701.023 of the Revised Code;	105847

~~(e)~~(v) Services provided under the maternal and child health	105848
services block grant established under Title V of the Social	105849
Security Act.	105850

~~(2)~~(b) Any other category of hospital costs the director	105851
deems appropriate under federal law and regulations governing the	105852
medicaid program.	105853

(2) Subject to division (C) of this section, provide for the	105854
percentage of hospitals' total facility costs used in calculating	105855
hospitals' assessments to vary for different hospitals;	105856

(3) To reduce hospitals' cash flow difficulties, establish a	105857
schedule for hospitals to pay their assessments that is different	105858
from the schedule established under section 5112.43 of the Revised	105859
Code.	105860

(C) Before adopting rules authorized by division (B)(2) of	105861
this section that establish varied percentages to be used in	105862
calculating hospitals' assessments, the director shall obtain a	105863
waiver from the United States secretary of health and human	105864
services under section 1903(w)(3)(E) of the "Social Security Act,"	105865
105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if	105866
the varied percentages would cause the assessments to not be	105867
imposed uniformly.	105868

Sec. 5112.99. (A) The director of job and family services	105869
shall impose a penalty for each day that a hospital fails to	105870
report the information required under section 5112.04 of the	105871
Revised Code on or before the dates specified in that section. The	105872
amount of the penalty shall be established by the director in	105873
rules adopted under section 5112.03 of the Revised Code.	105874

(B) In addition to any other remedy available to the	105875
department of job and family services under law to collect unpaid	105876
assessments and transfers under sections 5112.01 to 5112.21 of the	105877
Revised Code, the director shall impose a penalty of ten per cent	105878
of the amount due on any hospital that fails to pay assessments or	105879
make intergovernmental transfers by the dates required by rules	105880
adopted under section 5112.03 of the Revised Code.	105881

(C) In addition to any other remedy available to the	105882
department of job and family services under law to collect unpaid	105883
assessments imposed under section 5112.41 of the Revised Code, the	105884
director shall impose a penalty of ten per cent of the amount due	105885
on any hospital that fails to pay the assessment by the date it is	105886
due.	105887

(D) The director shall waive the penalties provided for in	105888
~~divisions (A) and (B) of~~ this section for good cause shown by the	105889
hospital.	105890

~~(D)~~(E) All penalties imposed under this section shall be	105891
deposited into the health care administration fund created by	105892
section 5111.94 of the Revised Code.	105893

Sec. 5112.991. The department of job and family services may	105894
offset the amount of a hospital's unpaid penalty imposed under	105895
section 5112.99 of the Revised Code from one or more payments due	105896
the hospital under the medicaid program. The total amount that may	105897
be offset from one or more payments shall not exceed the amount of	105898
the unpaid penalty.	105899

Sec. 5119.01. The director of mental health is the chief	105900
executive and administrative officer of the department of mental	105901
health. The director may establish procedures for the governance	105902
of the department, conduct of its employees and officers,	105903
performance of its business, and custody, use, and preservation of	105904
departmental records, papers, books, documents, and property.	105905
Whenever the Revised Code imposes a duty upon or requires an	105906
action of the department or any of its institutions, the director	105907
shall perform the action or duty in the name of the department,	105908
except that the medical director appointed pursuant to section	105909
5119.07 of the Revised Code shall be responsible for decisions	105910
relating to medical diagnosis, treatment, rehabilitation, quality	105911
assurance, and the clinical aspects of the following: licensure of	105912
hospitals and residential facilities, research, community mental	105913
health plans, and delivery of mental health services.	105914

The director shall:

105915

(A) Adopt rules for the proper execution of the powers and	105916
duties of the department with respect to the institutions under	105917
its control, and require the performance of additional duties by	105918
the officers of the institutions as necessary to fully meet the	105919
requirements, intents, and purposes of this chapter. In case of an	105920
apparent conflict between the powers conferred upon any managing	105921
officer and those conferred by such sections upon the department,	105922
the presumption shall be conclusive in favor of the department.	105923

(B) Adopt rules for the nonpartisan management of the	105924
institutions under the department's control. An officer or	105925
employee of the department or any officer or employee of any	105926
institution under its control who, by solicitation or otherwise,	105927
exerts influence directly or indirectly to induce any other	105928
officer or employee of the department or any of its institutions	105929
to adopt the exerting officer's or employee's political views or	105930
to favor any particular person, issue, or candidate for office	105931
shall be removed from the exerting officer's or employee's office	105932
or position, by the department in case of an officer or employee,	105933
and by the governor in case of the director.	105934

(C) Appoint such employees, including the medical director,	105935
as are necessary for the efficient conduct of the department, and	105936
prescribe their titles and duties;	105937

(D) Prescribe the forms of affidavits, applications, medical	105938
certificates, orders of hospitalization and release, and all other	105939
forms, reports, and records that are required in the	105940
hospitalization or admission and release of all persons to the	105941
institutions under the control of the department, or are otherwise	105942
required under this chapter or Chapter 5122. of the Revised Code;	105943

(E) Contract with hospitals licensed by the department under	105944
section 5119.20 of the Revised Code for the care and treatment of	105945
mentally ill patients, or with persons, organizations, or agencies	105946
for the custody, evaluation, supervision, care, or treatment of	105947
mentally ill persons receiving services elsewhere than within the	105948
enclosure of a hospital operated under section 5119.02 of the	105949
Revised Code;	105950

(F) Exercise the powers and perform the duties relating to	105951
community mental health facilities and services that are assigned	105952
to the director under this chapter and Chapter 340. of the Revised	105953
Code;	105954

(G) Develop and implement clinical evaluation and monitoring	105955
of services that are operated by the department;	105956

(H) ~~At the director's discretion, adopt rules establishing~~	105957
~~standards for the adequacy of services provided by community~~	105958
~~mental health facilities, and certify the compliance of such~~	105959
~~facilities with the standards for the purpose of authorizing their~~	105960
~~participation in the health care plans of health insuring~~	105961
~~corporations under Chapter 1751. and sickness and accident~~	105962
~~insurance policies issued under Chapter 3923. of the Revised Code.~~	105963
~~The director shall cease to certify such compliance two years~~	105964
~~after June 6, 2001. The director shall rescind the rules after the~~	105965
~~date the director ceases to certify such compliance.~~	105966

~~(I)~~ Adopt rules establishing standards for the performance of	105967
evaluations by a forensic center or other psychiatric program or	105968
facility of the mental condition of defendants ordered by the	105969
court under section 2919.271, or 2945.371 of the Revised Code, and	105970
for the treatment of defendants who have been found incompetent to	105971
stand trial and ordered by the court under section 2945.38,	105972
2945.39, 2945.401, or 2945.402 of the Revised Code to receive	105973
treatment in facilities;	105974

~~(J)~~(I) On behalf of the department, have the authority and	105975
responsibility for entering into contracts and other agreements;	105976

~~(K)~~(J) Prepare and publish regularly a state mental health	105977
plan that describes the department's philosophy, current	105978
activities, and long-term and short-term goals and activities;	105979

~~(L)~~(K) Adopt rules in accordance with Chapter 119. of the	105980
Revised Code specifying the supplemental services that may be	105981
provided through a trust authorized by section 5815.28 of the	105982
Revised Code;	105983

~~(M)~~(L) Adopt rules in accordance with Chapter 119. of the	105984
Revised Code establishing standards for the maintenance and	105985
distribution to a beneficiary of assets of a trust authorized by	105986
section 5815.28 of the Revised Code.	105987

Sec. 5119.012. The department of mental health has all the	105988
authority necessary to carry out its powers and duties under this	105989
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	105990
Code.	105991

Sec. 5119.013. Pursuant to the director of mental health's	105992
authority under division (I) of section 5119.01 of the Revised	105993
Code, the director may contract with agencies, institutions, and	105994
other entities both public and private, as necessary for the	105995
department of mental health to carry out its duties under this	105996
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised	105997
Code. Chapter 125. of the Revised Code does not apply to contracts	105998
the director enters into under this section for services provided	105999
to individuals with mental illness by agencies, institutions, and	106000
other entities not owned or operated by the department of mental	106001
health.	106002

Sec. 5119.02. (A) The department of mental health shall	106003
maintain, operate, manage, and govern state institutions for the	106004
care and treatment of mentally ill persons.	106005

(B) The department of mental health may designate all	106006
institutions under its jurisdiction by appropriate respective	106007
names, regardless of present statutory designation.	106008

(C) Subject to section 5139.08 and pursuant to Chapter 5122.	106009
of the Revised Code and on the agreement of the departments of	106010
mental health and youth services, the department of mental health	106011
may receive from the department of youth services for psychiatric	106012
observation, diagnosis, or treatment any person eighteen years of	106013
age or older in the custody of the department of youth services.	106014
The departments shall enter into a written agreement specifying	106015
the procedures necessary to implement this division.	106016

(D) The department of mental health shall ~~provide and~~	106017
designate hospitals, facilities, and community mental health	106018
agencies for the custody, care, and special treatment of, and	106019
authorize payment for such custody, care, and special treatment	106020
provided to, persons who are charged with a crime and who are	106021
found incompetent to stand trial or not guilty by reason of	106022
insanity.	106023

(E) The department of mental health may do all of the	106024
following:	106025

(1) Require reports from the managing officer of any	106026
institution under the department's jurisdiction, relating to the	106027
admission, examination, comprehensive evaluation, diagnosis,	106028
release, or discharge of any patient;	106029

(2) Visit each institution regularly to review its operations	106030
and to investigate complaints made by any patient or by any person	106031
on behalf of a patient, provided these duties may be performed by	106032
a person designated by the director.	106033

(F) The department of mental health shall divide the state	106034
into districts for the purpose of designating the institution in	106035
which mentally ill persons are hospitalized, and may change the	106036
districts.	106037

(G) In addition to the powers expressly conferred, the	106038
department of mental health shall have all powers and authority	106039
necessary for the full and efficient exercise of the executive,	106040
administrative, and fiscal supervision over the state institutions	106041
described in this section.	106042

(H) The department of mental health may provide for the	106043
custody, supervision, control, treatment, and training of mentally	106044
ill persons hospitalized elsewhere than within the enclosure of a	106045
hospital, if the department so determines with respect to any	106046
individual or group of individuals. In all such cases, the	106047
department shall ensure adequate and proper supervision for the	106048
protection of such persons and of the public.	106049

Sec. 5119.06. ~~(A)~~ The department of mental health shall:

106050

~~(1) Establish and~~(A) To the extent the department has	106051
available resources and in consultation with boards of alcohol,	106052
drug addiction, and mental health services, support a ~~program at~~	106053
~~the state level to promote a~~ community support system in	106054
accordance with section 340.03 of the Revised Code ~~to be available~~	106055
~~for every alcohol, drug addiction, and mental health service~~	106056
~~district~~on a district or multi-district basis. The department	106057
shall define the essential elements of a community support system,	106058
shall assist in identifying resources, and ~~coordinating the~~	106059
~~planning, evaluation, and delivery of services to facilitate the~~	106060
~~access of mentally ill people to public services at federal,~~	106061
~~state, and local levels, and shall operate~~may prioritize support	106062
for one or more of the elements.	106063

(B) Operate inpatient and other mental health services	106064
~~pursuant to the approved community mental health plan.~~	106065

~~(2)~~;

106066

(C) Provide training, consultation, and technical assistance	106067
regarding mental health programs and services and appropriate	106068
prevention and mental health promotion activities, including those	106069
that are culturally sensitive, to employees of the department,	106070
community mental health agencies and boards, and other agencies	106071
providing mental health services;	106072

~~(3) Promote~~(D) To the extent the department has available	106073
resources, promote and support a full range of mental health	106074
services that are available and accessible to all residents of	106075
this state, especially for severely mentally disabled children,	106076
adolescents, and adults, and other special target populations,	106077
including racial and ethnic minorities, as determined by the	106078
department.;	106079

~~(4)~~(E) Design and set criteria for the determination of	106080
severe mental disability;	106081

~~(5)~~(F) Establish standards for evaluation of mental health	106082
programs;	106083

~~(6)~~(G) Promote, direct, conduct, and coordinate scientific	106084
research, taking ethnic and racial differences into consideration,	106085
concerning the causes and prevention of mental illness, methods of	106086
providing effective services and treatment, and means of enhancing	106087
the mental health of all residents of this state;	106088

~~(7)~~(H) Foster the establishment and availability of	106089
vocational rehabilitation services and the creation of employment	106090
opportunities for consumers of mental health services, including	106091
members of racial and ethnic minorities;	106092

~~(8)~~(I) Establish a program to protect and promote the rights	106093
of persons receiving mental health services, including the	106094
issuance of guidelines on informed consent and other rights;	106095

~~(9)~~(J) Establish, in consultation with board of alcohol, drug	106096
addiction, and mental health services representatives and after	106097
consideration of the recommendations of the medical director,	106098
guidelines for the development of community mental health plans	106099
and the review and approval or disapproval of such plans submitted	106100
pursuant to section 340.03 of the Revised Code;	106101

~~(10)~~(K) Promote the involvement of persons who are receiving	106102
or have received mental health services, including families and	106103
other persons having a close relationship to a person receiving	106104
mental health services, in the planning, evaluation, delivery, and	106105
operation of mental health services.;	106106

~~(11)~~(L) Notify and consult with the relevant constituencies	106107
that may be affected by rules, standards, and guidelines issued by	106108
the department of mental health. These constituencies shall	106109
include consumers of mental health services and their families,	106110
and may include public and private providers, employee	106111
organizations, and others when appropriate. Whenever the	106112
department proposes the adoption, amendment, or rescission of	106113
rules under Chapter 119. of the Revised Code, the notification and	106114
consultation required by this division shall occur prior to the	106115
commencement of proceedings under Chapter 119. The department	106116
shall adopt rules under Chapter 119. of the Revised Code that	106117
establish procedures for the notification and consultation	106118
required by this division.	106119

~~(12)~~(M) In cooperation with board of alcohol, drug addiction,	106120
and mental health services representatives, provide training	106121
regarding the provision of community-based mental health services	106122
to those department employees who are utilized in state-operated,	106123
community-based mental health services;	106124

~~(13)~~(N) Provide consultation to the department of	106125
rehabilitation and correction concerning the delivery of mental	106126
health services in state correctional institutions;.	106127

~~(B) The department of mental health may negotiate and enter~~	106128
~~into agreements with other agencies and institutions, both public~~	106129
~~and private, for the joint performance of its duties.~~	106130

Sec. 5119.16. As used in this section, "free clinic" has the	106131
same meaning as in section 2305.2341 of the Revised Code.	106132

(A) ~~The~~Subject to section 125.024 of the Revised Code, the	106133
department of mental health may provide certain goods and services	106134
for the department of mental health, the department of	106135
developmental disabilities, the department of rehabilitation and	106136
correction, the department of youth services, and other state,	106137
county, or municipal agencies requesting such goods and services	106138
when the department of mental health determines that it is in the	106139
public interest, and considers it advisable, to provide these	106140
goods and services. ~~The~~Subject to section 125.024 of the Revised	106141
Code, the department of mental health also may provide goods and	106142
services to agencies operated by the United States government and	106143
to public or private nonprofit agencies, other than free clinics,	106144
that are funded in whole or in part by the state if the public or	106145
private nonprofit agencies are designated for participation in	106146
this program by the director of mental health for community mental	106147
health agencies, the director of developmental disabilities for	106148
community mental retardation and developmental disabilities	106149
agencies, the director of rehabilitation and correction for	106150
community rehabilitation and correction agencies, or the director	106151
of youth services for community youth services agencies.	106152

Designated community agencies shall receive goods and	106153
services ~~through the department of mental health~~as described in	106154
division (A) of this section only in those cases where the	106155
designating state agency certifies that providing such goods and	106156
services to the agency will conserve public resources to the	106157
benefit of the public and where the provision of such goods and	106158
services is considered feasible by the department of mental	106159
health.	106160

(B) The department of mental health may permit free clinics	106161
to purchase certain goods and services to the extent the purchases	106162
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13	106163
et seq., applicable to nonprofit institutions, in 15 U.S.C. 13c,	106164
as amended.	106165

(C) The goods and services that may be provided ~~by the~~	106166
~~department of mental health~~ under divisions (A) and (B) of this	106167
section may include:	106168

(1) Procurement, storage, processing, and distribution of	106169
food and professional consultation on food operations;	106170

(2) Procurement, storage, and distribution of medical and	106171
laboratory supplies, dental supplies, medical records, forms,	106172
optical supplies, and sundries, subject to section 5120.135 of the	106173
Revised Code;	106174

(3) Procurement, storage, repackaging, distribution, and	106175
dispensing of drugs, the provision of professional pharmacy	106176
consultation, and drug information services;	106177

(4) Other goods and services.

106178

(D) ~~The~~Subject to section 125.024 of the Revised Code, the	106179
department of mental health may provide the goods and services	106180
designated in division (C) of this section to its institutions and	106181
to state-operated community-based mental health services.	106182

(E) After consultation with and advice from the director of	106183
developmental disabilities, the director of rehabilitation and	106184
correction, and the director of youth services, the department of	106185
mental health may, subject to section 125.024 of the Revised Code,	106186
provide the goods and services designated in division (C) of this	106187
section to the department of developmental disabilities, the	106188
department of rehabilitation and correction, and the department of	106189
youth services.	106190

(F) The cost of administration of this section shall be	106191
determined by the department of mental health and paid by the	106192
agencies or free clinics receiving the goods and services to the	106193
department for deposit in the state treasury to the credit of the	106194
mental health fund, which is hereby created. The fund shall be	106195
used to pay the cost of administration of this section ~~to the~~	106196
~~department~~.	106197

(G) Whenever a state agency fails to make a payment for goods	106198
and services provided under this section within thirty-one days	106199
after the date the payment was due, the office of budget and	106200
management may transfer moneys from the state agency to the	106201
department of mental health. The amount transferred shall not	106202
exceed the amount of overdue payments. Prior to making a transfer	106203
under this division, the office of budget and management shall	106204
apply any credits the state agency has accumulated in payments for	106205
goods and services provided under this section.	106206

(H) ~~Purchases~~Except as specified in section 125.024 of the	106207
Revised Code, purchases of goods and services under this section	106208
are not subject to section 307.86 of the Revised Code.	106209

Sec. 5119.18. There is hereby created in the state treasury	106210
the department of mental health trust fund. Not later than the	106211
first day of September of each year, the director of mental health	106212
shall certify to the director of budget and management the amount	106213
of all of the unexpended, unencumbered balances of general revenue	106214
fund appropriations made to the department of mental health for	106215
the previous fiscal year, excluding funds appropriated for rental	106216
payments to the Ohio public facilities commission. On receipt of	106217
the certification, the director of budget and management shall	106218
transfer cash to the trust fund in an amount up to, but not	106219
exceeding, the total of the amounts certified by the director of	106220
mental health.	106221

In addition, the trust fund shall receive all amounts,	106222
subject to any provisions in bond documents, received from the	106223
sale or lease of lands and facilities by the department.	106224

All moneys in the trust fund shall be used by the department	106225
of mental health ~~for mental health purposes specified in division~~	106226
~~(A) of section 5119.06 of the Revised Code~~to pay for expenditures	106227
the department incurs in performing any of its duties under this	106228
chapter. The use of moneys in the trust fund pursuant to this	106229
section does not represent an ongoing commitment to the	106230
continuation of the trust fund or to the use of moneys in the	106231
trust fund.	106232

Sec. 5119.22. (A)(1) As used in this section and sections	106233
5119.221 and 5119.222 of the Revised Code:	106234

(a) "Community mental health agency" means a community mental	106235
health agency as defined in division (H) of section 5122.01 of the	106236
Revised Code~~, or, until two years after the effective date of this~~	106237
~~amendment, a community mental health facility certified by the~~	106238
~~department of mental health pursuant to division (H) of section~~	106239
~~5119.01 of the Revised Code~~.	106240

(b) "Community mental health services" means any of the	106241
services listed in section 340.09 of the Revised Code.	106242

(c) "Personal care services" means services including, but	106243
not limited to, the following:	106244

(i) Assisting residents with activities of daily living;

106245

(ii) Assisting residents with self-administration of	106246
medication in accordance with rules adopted under this section;	106247

(iii) Preparing special diets, other than complex therapeutic	106248
diets, for residents pursuant to the instructions of a physician	106249
or a licensed dietitian, in accordance with rules adopted under	106250
this section.	106251

"Personal care services" does not include "skilled nursing	106252
care" as defined in section 3721.01 of the Revised Code. A	106253
facility need not provide more than one of the services listed in	106254
division (A)(1)(c) of this section to be considered to be	106255
providing personal care services.	106256

(d) "Residential facility" means a publicly or privately	106257
operated home or facility that provides one of the following:	106258

(i) Room and board, personal care services, and community	106259
mental health services to one or more persons with mental illness	106260
or persons with severe mental disabilities who are referred by or	106261
are receiving community mental health services from a community	106262
mental health agency, hospital, or practitioner;	106263

(ii) Room and board and personal care services to one or two	106264
persons with mental illness or persons with severe mental	106265
disabilities who are referred by or are receiving community mental	106266
health services from a community mental health agency, hospital,	106267
or practitioner;	106268

(iii) Room and board to five or more persons with mental	106269
illness or persons with severe mental disabilities who are	106270
referred by or are receiving community mental health services from	106271
a community mental health agency, hospital, or practitioner.	106272

The following are not residential facilities: the residence	106273
of a relative or guardian of a mentally ill individual, a hospital	106274
subject to licensure under section 5119.20 of the Revised Code, a	106275
residential facility as defined in section 5123.19 of the Revised	106276
Code, a facility providing care for a child in the custody of a	106277
public children services agency or a private agency certified	106278
under section 5103.03 of the Revised Code, a foster care facility	106279
subject to section 5103.03 of the Revised Code, an adult care	106280
facility subject to licensure under ~~Chapter 3722.~~sections 5119.70	106281
to 5119.88 of the Revised Code, and a nursing home, residential	106282
care facility, or home for the aging subject to licensure under	106283
section 3721.02 of the Revised Code.	106284

(2) Nothing in division (A)(1)(d) of this section shall be	106285
construed to permit personal care services to be imposed on a	106286
resident who is capable of performing the activity in question	106287
without assistance.	106288

(3) Except in the case of a residential facility described in	106289
division (A)(1)(d)(i) of this section, members of the staff of a	106290
residential facility shall not administer medication to residents,	106291
all medication taken by residents of a residential facility shall	106292
be self-administered, and no person shall be admitted to or	106293
retained by a residential facility unless the person is capable of	106294
taking the person's own medication and biologicals, as determined	106295
in writing by the person's personal physician. Members of the	106296
staff of a residential facility may do any of the following:	106297

(a) Remind a resident when to take medication and watch to	106298
ensure that the resident follows the directions on the container;	106299

(b) Assist a resident in the self-administration of	106300
medication by taking the medication from the locked area where it	106301
is stored, in accordance with rules adopted pursuant to this	106302
section, and handing it to the resident. If the resident is	106303
physically unable to open the container, a staff member may open	106304
the container for the resident.	106305

(c) Assist a physically impaired but mentally alert resident,	106306
such as a resident with arthritis, cerebral palsy, or Parkinson's	106307
disease, in removing oral or topical medication from containers	106308
and in consuming or applying the medication, upon request by or	106309
with the consent of the resident. If a resident is physically	106310
unable to place a dose of medicine to the resident's mouth without	106311
spilling it, a staff member may place the dose in a container and	106312
place the container to the mouth of the resident.	106313

(B) Every person operating or desiring to operate a	106314
residential facility shall apply for licensure of the facility to	106315
the department of mental health and shall send a copy of the	106316
application to the board of alcohol, drug addiction, and mental	106317
health services whose service district includes the county in	106318
which the person operates or desires to operate a residential	106319
facility. The board shall review such applications and recommend	106320
approval or disapproval to the department. Each recommendation	106321
shall be consistent with the board's community mental health plan.	106322

(C) The department of mental health shall inspect and license	106323
the operation of residential facilities. The department shall	106324
consider the past record of the facility and the applicant or	106325
licensee in arriving at its licensure decision. The department may	106326
issue full, probationary, and interim licenses. A full license	106327
shall expire two years after the date of issuance, a probationary	106328
license shall expire in a shorter period of time as prescribed by	106329
rule adopted by the director of mental health pursuant to Chapter	106330
119. of the Revised Code, and an interim license shall expire	106331
ninety days after the date of issuance. The department may refuse	106332
to issue or renew and may revoke a license if it finds the	106333
facility is not in compliance with rules adopted by the department	106334
pursuant to division (G) of this section or if any facility	106335
operated by the applicant or licensee has had repeated violations	106336
of statutes or rules during the period of previous licenses.	106337
Proceedings initiated to deny applications for full or	106338
probationary licenses or to revoke such licenses are governed by	106339
Chapter 119. of the Revised Code.	106340

(D) The department may issue an interim license to operate a	106341
residential facility if both of the following conditions are met:	106342

(1) The department determines that the closing of or the need	106343
to remove residents from another residential facility has created	106344
an emergency situation requiring immediate removal of residents	106345
and an insufficient number of licensed beds are available.	106346

(2) The residential facility applying for an interim license	106347
meets standards established for interim licenses in rules adopted	106348
by the director under Chapter 119. of the Revised Code.	106349

An interim license shall be valid for ninety days and may be	106350
renewed by the director no more than twice. Proceedings initiated	106351
to deny applications for or to revoke interim licenses under this	106352
division are not subject to Chapter 119. of the Revised Code.	106353

(E) The department of mental health may conduct an inspection	106354
of a residential facility:	106355

(1) Prior to the issuance of a license to a prospective	106356
operator;	106357

(2) Prior to the renewal of any operator's license;

106358

(3) To determine whether a facility has completed a plan of	106359
correction required pursuant to this division and corrected	106360
deficiencies to the satisfaction of the department and in	106361
compliance with this section and rules adopted pursuant to it;	106362

(4) Upon complaint by any individual or agency;

106363

(5) At any time the director considers an inspection to be	106364
necessary in order to determine whether a residential facility is	106365
in compliance with this section and rules adopted pursuant to this	106366
section.	106367

In conducting inspections the department may conduct an	106368
on-site examination and evaluation of the residential facility,	106369
its personnel, activities, and services. The department shall have	106370
access to examine all records, accounts, and any other documents	106371
relating to the operation of the residential facility, and shall	106372
have access to the facility in order to conduct interviews with	106373
the operator, staff, and residents. Following each inspection and	106374
review, the department shall complete a report listing any	106375
deficiencies, and including, when appropriate, a time table within	106376
which the operator shall correct the deficiencies. The department	106377
may require the operator to submit a plan of correction describing	106378
how the deficiencies will be corrected.	106379

(F) No person shall do any of the following:

106380

(1) Operate a residential facility unless the facility holds	106381
a valid license;	106382

(2) Violate any of the conditions of licensure after having	106383
been granted a license;	106384

(3) Interfere with a state or local official's inspection or	106385
investigation of a residential facility;	106386

(4) Violate any of the provisions of this section or any	106387
rules adopted pursuant to this section.	106388

(G) The director shall adopt and may amend and rescind rules	106389
pursuant to Chapter 119. of the Revised Code, prescribing minimum	106390
standards for the health, safety, adequacy, and cultural	106391
specificity and sensitivity of treatment of and services for	106392
persons in residential facilities; establishing procedures for the	106393
issuance, renewal or revocation of the licenses of such	106394
facilities; establishing the maximum number of residents of a	106395
facility; establishing the rights of residents and procedures to	106396
protect such rights; and requiring an affiliation agreement	106397
approved by the board between a residential facility and a mental	106398
health agency. Such affiliation agreement must be consistent with	106399
the residential portion of the community mental health plan	106400
submitted pursuant to section 340.03 of the Revised Code.	106401

(H) The department may investigate any facility that has been	106402
reported to the department or that the department has reasonable	106403
cause to believe is operating as a residential facility without a	106404
valid license.	106405

(I) The department may withhold the source of any complaint	106406
reported as a violation of this act when the department determines	106407
that disclosure could be detrimental to the department's purposes	106408
or could jeopardize the investigation. The department may disclose	106409
the source of any complaint if the complainant agrees in writing	106410
to such disclosure and shall disclose the source upon order by a	106411
court of competent jurisdiction.	106412

(J) The director of mental health may petition the court of	106413
common pleas of the county in which a residential facility is	106414
located for an order enjoining any person from operating a	106415
residential facility without a license or from operating a	106416
licensed facility when, in the director's judgment, there is a	106417
real and present danger to the health or safety of any of the	106418
occupants of the facility. The court shall have jurisdiction to	106419
grant such injunctive relief upon a showing that the respondent	106420
named in the petition is operating a facility without a license or	106421
there is a real and present danger to the health or safety of any	106422
residents of the facility.	106423

(K) Whoever violates division (F) of this section or any rule	106424
adopted under this section is liable for a civil penalty of one	106425
hundred dollars for the first offense; for each subsequent	106426
offense, such violator is liable for a civil penalty of five	106427
hundred dollars. If the violator does not pay, the attorney	106428
general, upon the request of the director of mental health, shall	106429
bring a civil action to collect the penalty. Fines collected	106430
pursuant to this section shall be deposited into the state	106431
treasury to the credit of the mental health sale of goods and	106432
services fund.	106433

Sec. 5119.222. No rule adopted under section 5119.22 of the	106434
Revised Code regarding documentation that residential facilities	106435
must submit to the department of mental health or a board of	106436
alcohol, drug addiction, and mental health services shall be more	106437
stringent than a comparable documentation submission requirement	106438
that applies to residential facilities and is established by a	106439
federal regulation promulgated by the United States department of	106440
health and human services.	106441

Sec. 5119.61. Any provision in this chapter that refers to a	106442
board of alcohol, drug addiction, and mental health services also	106443
refers to the community mental health board in an alcohol, drug	106444
addiction, and mental health service district that has a community	106445
mental health board.	106446

The director of mental health with respect to all facilities	106447
and programs established and operated under Chapter 340. of the	106448
Revised Code for mentally ill and emotionally disturbed persons,	106449
shall do all of the following:	106450

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	106451
that may be necessary to carry out the purposes of Chapter 340.	106452
and sections 5119.61 to 5119.63 of the Revised Code.	106453

(1) The rules shall include all of the following:

106454

(a) Rules governing a community mental health agency's	106455
services under section 340.091 of the Revised Code to an	106456
individual referred to the agency under division (C)(2) of section	106457
~~173.35~~5119.69 of the Revised Code;	106458

(b) For the purpose of division (A)~~(16)~~(15) of section 340.03	106459
of the Revised Code, rules governing the duties of mental health	106460
agencies and boards of alcohol, drug addiction, and mental health	106461
services under section ~~3722.18~~5119.88 of the Revised Code	106462
regarding referrals of individuals with mental illness or severe	106463
mental disability to adult care facilities and effective	106464
arrangements for ongoing mental health services for the	106465
individuals. The rules shall do at least the following:	106466

(i) Provide for agencies and boards to participate fully in	106467
the procedures owners and managers of adult care facilities must	106468
follow under division (A) of section ~~3722.18~~5119.88 of the	106469
Revised Code;	106470

(ii) Specify the manner in which boards are accountable for	106471
ensuring that ongoing mental health services are effectively	106472
arranged for individuals with mental illness or severe mental	106473
disability who are referred by the board or mental health agency	106474
under contract with the board to an adult care facility.	106475

(c) Rules governing a board of alcohol, drug addiction, and	106476
mental health services when making a report to the director of	106477
mental health under section ~~3722.17~~5119.87 of the Revised Code	106478
regarding the quality of care and services provided by an adult	106479
care facility to a person with mental illness or a severe mental	106480
disability.	106481

(2) Rules may be adopted to govern the method of paying a	106482
community mental health facility, as defined in section 5111.023	106483
of the Revised Code, for providing services listed in division (B)	106484
of that section. Such rules must be consistent with the contract	106485
entered into between the departments of job and family services	106486
and mental health under section 5111.91 of the Revised Code and	106487
include requirements ensuring appropriate service utilization.	106488

(B) Review and evaluate, and, taking into account the	106489
findings and recommendations of the board of alcohol, drug	106490
addiction, and mental health services of the district served by	106491
the program and the requirements and priorities of the state	106492
mental health plan, including the needs of residents of the	106493
district now residing in state mental institutions, ~~approve and~~	106494
~~allocate funds to support community programs,~~ and make	106495
recommendations for needed improvements to boards of alcohol, drug	106496
addiction, and mental health services;	106497

(C) ~~Withhold state and federal funds for any program, in~~	106498
~~whole or in part, from a board of alcohol, drug addiction, and~~	106499
~~mental health services in the event of failure of that program to~~	106500
~~comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,~~	106501
~~or 5119.62 of the Revised Code or rules of the department of~~	106502
~~mental health. The director shall identify the areas of~~	106503
~~noncompliance and the action necessary to achieve compliance. The~~	106504
~~director shall offer technical assistance to the board to achieve~~	106505
~~compliance. The director shall give the board a reasonable time~~	106506
~~within which to comply or to present its position that it is in~~	106507
~~compliance. Before withholding funds, a hearing shall be conducted~~	106508
~~to determine if there are continuing violations and that either~~	106509
~~assistance is rejected or the board is unable to achieve~~	106510
~~compliance. Subsequent to the hearing process, if it is determined~~	106511
~~that compliance has not been achieved, the director may allocate~~	106512
~~all or part of the withheld funds to a public or private agency to~~	106513
~~provide the services not in compliance until the time that there~~	106514
~~is compliance. The director shall establish rules pursuant to~~	106515
~~Chapter 119. of the Revised Code to implement this division.~~	106516

~~(D) Withhold state or federal funds from a board of alcohol,~~	106517
~~drug addiction, and mental health services that denies available~~	106518
~~service on the basis of religion, race, color, creed, sex,~~	106519
~~national origin, age, disability as defined in section 4112.01 of~~	106520
~~the Revised Code, developmental disability, or the inability to~~	106521
~~pay;~~	106522

~~(E)~~ Provide consultative services to community mental health	106523
agencies with the knowledge and cooperation of the board of	106524
alcohol, drug addiction, and mental health services;	106525

~~(F) Provide~~(D) At the director's discretion, provide to	106526
boards of alcohol, drug addiction, and mental health services	106527
state or federal funds, in addition to those allocated under	106528
section 5119.62 of the Revised Code, for special programs or	106529
projects the director considers necessary but for which local	106530
funds are not available;	106531

~~(G)~~(E) Establish criteria by which a board of alcohol, drug	106532
addiction, and mental health services reviews and evaluates the	106533
quality, effectiveness, and efficiency of services provided	106534
through its community mental health plan. The criteria shall	106535
include requirements ensuring appropriate service utilization. The	106536
department shall assess a board's evaluation of services and the	106537
compliance of each board with this section, Chapter 340. or	106538
section 5119.62 of the Revised Code, and other state or federal	106539
law and regulations. The department, in cooperation with the	106540
board, periodically shall review and evaluate the quality,	106541
effectiveness, and efficiency of services provided through each	106542
board. The department shall collect information that is necessary	106543
to perform these functions.	106544

~~(H) Develop~~(F) To the extent the director determines	106545
necessary and after consulting with boards of alcohol, drug	106546
addiction, and mental health services, develop and operate, or	106547
contract for the operation of, a community mental health	106548
information system or systems.	106549

Boards of alcohol, drug abuse, and mental health services	106550
shall submit information requested by the department in the form	106551
and manner prescribed by the department. Information collected by	106552
the department shall include, but not be limited to, all of the	106553
following:	106554

(1) Information regarding units of services provided in whole	106555
or in part under contract with a board, including diagnosis and	106556
special needs, demographic information, the number of units of	106557
service provided, past treatment, financial status, and service	106558
dates in accordance with rules adopted by the department in	106559
accordance with Chapter 119. of the Revised Code;	106560

(2) Financial information other than price or price-related	106561
data regarding expenditures of boards and community mental health	106562
agencies, including units of service provided, budgeted and actual	106563
expenses by type, and sources of funds.	106564

Boards shall submit the information specified in division	106565
~~(H)~~(F)(1) of this section no less frequently than annually for	106566
each client, and each time the client's case is opened or closed.	106567
The department shall not collect any personal information from the	106568
boards except as required or permitted by state or federal law for	106569
purposes related to payment, health care operations, program and	106570
service evaluation, reporting activities, research, system	106571
administration, and oversight.	106572

~~(I)~~(G) Review each board's community mental health plan	106573
submitted pursuant to section 340.03 of the Revised Code and	106574
approve or disapprove it in whole or in part. Periodically, in	106575
consultation with representatives of boards and after considering	106576
the recommendations of the medical director, the director shall	106577
issue criteria for determining when a plan is complete, criteria	106578
for plan approval or disapproval, and provisions for conditional	106579
approval. The factors that the director considers may include, but	106580
are not limited to, the following:	106581

(1) The mental health needs of all persons residing within	106582
the board's service district, especially severely mentally	106583
disabled children, adolescents, and adults;	106584

(2) The demonstrated quality, effectiveness, efficiency, and	106585
cultural relevance of the services provided in each service	106586
district, the extent to which any services are duplicative of	106587
other available services, and whether the services meet the needs	106588
identified above;	106589

(3) The adequacy of the board's accounting for the	106590
expenditure of funds.	106591

If the director disapproves all or part of any plan, the	106592
director shall provide the board an opportunity to present its	106593
position. The director shall inform the board of the reasons for	106594
the disapproval and of the criteria that must be met before the	106595
plan may be approved. The director shall give the board a	106596
reasonable time within which to meet the criteria, and shall offer	106597
technical assistance to the board to help it meet the criteria.	106598

If the approval of a plan remains in dispute ~~thirty days~~	106599
~~prior to the conclusion of the fiscal year in which the board's~~	106600
~~current plan is scheduled to expire~~, the board or the director may	106601
request that the dispute be submitted to a mutually agreed upon	106602
third-party mediator with the cost to be shared by the board and	106603
the department. The mediator shall issue to the board and the	106604
department recommendations for resolution of the dispute. ~~Prior to~~	106605
~~the conclusion of the fiscal year in which the current plan is~~	106606
~~scheduled to expire, the~~The director, taking into consideration	106607
the recommendations of the mediator, shall make a final	106608
determination and approve or disapprove the plan, in whole or in	106609
part.	106610

Sec. 5119.611. (A) A community mental health agency that	106611
seeks certification of its community mental health services shall	106612
submit an application to the director of mental health. On receipt	106613
of the application, the director may visit and shall evaluate the	106614
agency to determine whether its services satisfy the standards	106615
established by rules adopted under division (C) of this section.	106616
The director shall make the evaluation, and, if the director	106617
visits the agency, shall make the visit, in cooperation with the	106618
board of alcohol, drug addiction, and mental health services with	106619
which the agency seeks to contract under division (A)~~(8)~~(7)(a) of	106620
section 340.03 of the Revised Code.	106621

If(B)(1) Subject to division (B)(2) of this section, the	106622
director shall determine whether the services of an applicant's	106623
community mental health agency satisfy the standards for	106624
certification of the services.	106625

If the director determines that a community mental health	106626
agency's services satisfy the standards for certification and the	106627
agency has paid the fee required under division ~~(B)~~(D) of this	106628
section, the director shall certify the services.	106629

If(2) If an applicant submits to the director evidence of	106630
holding national accreditation from the joint commission, the	106631
council on accreditation of rehabilitation facilities, or the	106632
council on accreditation, the director shall accept that	106633
accreditation as evidence of the applicant satisfying the	106634
standards for certification of the community mental health	106635
agency's services. The director shall certify or recertify the	106636
agency's services without any further evaluation of the services.	106637

(C) If the director determines that a community mental health	106638
agency's services do not satisfy the standards for certification,	106639
the director shall identify the areas of noncompliance, specify	106640
what action is necessary to satisfy the standards, and offer	106641
technical assistance to the board of alcohol, drug addiction, and	106642
mental health services so that the board may assist the agency in	106643
satisfying the standards. The director shall give the agency a	106644
reasonable time within which to demonstrate that its services	106645
satisfy the standards or to bring the services into compliance	106646
with the standards. If the director concludes that the services	106647
continue to fail to satisfy the standards, the director may	106648
request that the board reallocate the funds for the community	106649
mental health services the agency was to provide to another	106650
community mental health agency whose community mental health	106651
services satisfy the standards. If the board does not reallocate	106652
those funds in a reasonable period of time, the director may	106653
withhold state and federal funds for the community mental health	106654
services and allocate those funds directly to a community mental	106655
health agency whose community mental health services satisfy the	106656
standards.	106657

~~(B)~~(D) Each community mental health agency seeking	106658
certification of its community mental health services under this	106659
section shall pay a fee for the certification ~~review~~ required by	106660
this section. Fees shall be paid into the sale of goods and	106661
services fund created pursuant to section 5119.161 of the Revised	106662
Code.	106663

~~(C)~~(E) The director shall adopt rules in accordance with	106664
Chapter 119. of the Revised Code to implement this section. The	106665
rules shall do all of the following:	106666

(1) Establish certification standards for community mental	106667
health services, including assertive community treatment and	106668
intensive home-based mental health services, that are consistent	106669
with nationally recognized applicable standards and facilitate	106670
participation in federal assistance programs. The rules shall	106671
include as certification standards only requirements that improve	106672
the quality of services or the health and safety of clients of	106673
community mental health services. The standards shall address at a	106674
minimum all of the following:	106675

(a) Reporting major unusual incidents to the director;

106676

(b) Procedures for applicants for and clients of community	106677
mental health services to file grievances and complaints;	106678

106679

(d) Restraint;

106680

(e) Development of written policies addressing the rights of	106681
clients, including all of the following:	106682

(i) The right to a copy of the written policies addressing	106683
client rights;	106684

(ii) The right at all times to be treated with consideration	106685
and respect for the client's privacy and dignity;	106686

(iii) The right to have access to the client's own	106687
psychiatric, medical, or other treatment records unless access is	106688
specifically restricted in the client's treatment plan for clear	106689
treatment reasons;	106690

(iv) The right to have a client rights officer provided by	106691
the agency or board of alcohol, drug addiction, and mental health	106692
services advise the client of the client's rights, including the	106693
client's rights under Chapter 5122. of the Revised Code if the	106694
client is committed to the agency or board.	106695

(2) Establish standards for qualifications of mental health	106696
professionals as defined in section 340.02 of the Revised Code and	106697
personnel who provide the community mental health services;	106698

(3) Establish the process for certification of community	106699
mental health services;	106700

(4) Set the amount of certification review fees based on a	106701
portion of the cost of performing the review;	106702

(5) Specify the type of notice and hearing to be provided	106703
prior to a decision on whether to reallocate funds.	106704

Sec. 5119.612. No rule adopted under section 5119.611 of the	106705
Revised Code regarding documentation that community mental health	106706
agencies must submit to the department of mental health or a board	106707
of alcohol, drug addiction, and mental health services shall be	106708
more stringent than a comparable documentation submission	106709
requirement that applies to community mental health agencies and	106710
is established by a federal regulation promulgated by the United	106711
States department of health and human services.	106712

~~Sec. 5119.612.~~ Sec. 5119.613. The director of mental health shall	106713
require that each board of alcohol, drug addiction, and mental	106714
health services ensure that each community mental health agency	106715
with which it contracts under division (A)~~(8)~~(7)(a) of section	106716
340.03 of the Revised Code to provide community mental health	106717
services establish grievance procedures consistent with rules	106718
adopted under section 5119.611 of the Revised Code that are	106719
available to all applicants for and clients of the community	106720
mental health services.	106721

~~Sec. 5119.613.~~ Sec. 5119.614. For purposes of ~~Chapter 3722.~~	106722
sections 5119.70 to 5119.88 of the Revised Code, the director of	106723
mental health shall approve a standardized form to be used in all	106724
areas of this state by adult care facilities and boards of	106725
alcohol, drug addiction, and mental health services when entering	106726
into mental health resident program participation agreements. As	106727
part of approving the form, the director shall specify the	106728
requirements that adult care facilities must meet in order to be	106729
authorized to admit residents who are receiving or are eligible	106730
for publicly funded mental health services.	106731

Sec. 5119.62. (A) ~~Upon approving the plan submitted pursuant~~	106732
~~to section 340.03 of the Revised Code, the director~~The department	106733
of mental health shall ~~authorize the payment of funds~~establish a	106734
methodology for allocating to ~~a board~~boards of alcohol, drug	106735
addiction, and mental health services ~~from~~the funds appropriated	106736
~~for such purpose~~ by the general assembly to the department for the	106737
purpose of local mental health systems of care. The ~~director~~	106738
department shall ~~release all or part of such~~establish the	106739
methodology after notifying and consulting with relevant	106740
constituencies as required by division (L) of section 5119.06 of	106741
the Revised Code. The methodology may provide for the funds to be	106742
allocated to boards on a district or multi-district basis. Subject	106743
to sections 5119.622 and 5119.623 of the Revised Code, the	106744
department shall allocate the funds ~~as is~~to the boards in a	106745
manner consistent with the methodology, this section, other state	106746
and federal laws, rules, and regulations~~, and the approved plan~~.	106747

(B)~~(1) The director, in consultation with relevant~~	106748
~~constituencies as required by division (A)(11) of section 5119.06~~	106749
~~of the Revised Code, shall establish a formula for allocating to~~	106750
~~boards of alcohol, drug addiction, and mental health services~~	106751
~~appropriations from the general revenue fund for the purpose of~~	106752
~~local management of mental health services as this purpose is~~	106753
~~identified in appropriations to the department of mental health in~~	106754
~~appropriation acts. The formula shall include as a factor the~~	106755
~~number of severely mentally disabled persons residing in each~~	106756
~~alcohol, drug addiction, and mental health service district and~~	106757
~~may include other factors, including, but not limited to, the~~	106758
~~historical utilization of public hospitals by persons in each~~	106759
~~service district. The appropriations shall be allocated to each~~	106760
~~board in accordance with the formula but shall be distributed only~~	106761
~~to those boards that elect the option provided under division~~	106762
~~(B)(3)(a) of this section.~~	106763

~~(2) The director shall allocate each fiscal year to boards of~~	106764
~~alcohol, drug addiction, and mental health services for services~~	106765
~~to severely mentally disabled persons a percentage of the~~	106766
~~appropriations to the department from the general revenue fund for~~	106767
~~the purposes of hospital personal services, hospital maintenance,~~	106768
~~and hospital equipment as those purposes are identified in~~	106769
~~appropriations to the department in appropriation acts. After~~	106770
~~excluding funds for providing services to persons committed to the~~	106771
~~department pursuant to section 2945.38, 2945.39, 2945.40,~~	106772
~~2945.401, 2945.402, or 5139.08 of the Revised Code, the percentage~~	106773
~~of those appropriations so allocated each year shall equal ten per~~	106774
~~cent in fiscal year 1990, twenty per cent in fiscal year 1991,~~	106775
~~forty per cent in fiscal year 1992, sixty per cent in fiscal year~~	106776
~~1993, eighty per cent in fiscal year 1994, and one hundred per~~	106777
~~cent in fiscal year 1995 and thereafter. The amounts so allocated~~	106778
~~shall be transferred from the appropriations for the purposes of~~	106779
~~hospital personal services, hospital maintenance, and hospital~~	106780
~~equipment and credited to appropriations for the purpose of local~~	106781
~~management of mental health services. Appropriations for the~~	106782
~~purpose of local management of mental health services may be used~~	106783
~~by the department and by the boards~~The department may allocate to	106784
boards a portion of the funds appropriated by the general assembly	106785
to the department for the operation of state hospital services. If	106786
the department allocates the funds, the department shall do all of	106787
the following:	106788

(1) In consultation with the boards:

106789

(a) Annually determine the unit costs of providing state	106790
hospital services; and	106791

(b) Establish the methodology for allocating the funds to the	106792
boards.	106793

(2) Determine the type of unit costs of providing state	106794
hospital services to be included as a factor in the methodology	106795
and include that unit cost as a factor in the methodology;	106796

(3) Subject to sections 5119.622 and 5119.623 of the Revised	106797
Code, allocate the funds to the boards in a manner consistent with	106798
the methodology, this section, other state and federal laws,	106799
rules, and regulations.	106800

~~(3) No~~(c) Not later than the first day of April of each year,	106801
the department ~~of mental health~~ shall notify each board of	106802
~~alcohol, drug addiction, and mental health services~~ of the	106803
department's estimate of the amount of ~~general revenue~~ funds to be	106804
allocated to the board under ~~division (D) of~~ this section during	106805
the fiscal year beginning on the next July first. NoIf the	106806
department makes an allocation under division (B) of this section,	106807
the department shall also notify each board of the unit costs of	106808
providing state hospital services for the upcoming fiscal year as	106809
determined under that division. Not later than the first day of	106810
May of each year, each board shall notify the ~~director~~department	106811
as to which of the following options it has elected for ~~that~~the	106812
upcoming fiscal year:	106813

~~(a)~~(1) The board elects to accept distribution of the amount	106814
allocated to it under ~~division (B)(1) of~~ this ~~section. Any board~~	106815
~~that makes such an election shall agree to make payments into the~~	106816
~~risk fund established in division (E) of this section, to make any~~	106817
~~payments for utilization of state hospitals that are required~~	106818
~~under division (E)(3) of this section, to use the funds~~	106819
~~distributed to it within the limitations set forth in division~~	106820
~~(B)(2) of this section, and to provide the department with a~~	106821
~~statement of projected utilization of state hospitals and other~~	106822
~~state-operated services by residents of its service district~~	106823
~~during the fiscal year.~~	106824

~~The department shall retain and expend the funds projected to~~	106825
~~be utilized for state hospitals and other state-operated services~~	106826
section. Funds distributed to each board shall be used to	106827
supplement and not to supplant other state, local, or federal	106828
funds that are being used to support community-based programs for	106829
severely mentally disabled children, adolescents, and adults,	106830
unless the funds have been specifically designated for the	106831
initiation of programs in accordance with the community mental	106832
health plan developed and submitted under section 340.03 and	106833
approved under section 5119.61 of the Revised Code.	106834
Notwithstanding section 131.33 of the Revised Code, any board may	106835
expend unexpended funds distributed to the board from	106836
appropriations for the purpose of local management of mental	106837
health services in the fiscal year following the fiscal year in	106838
for which the appropriations are made, in accordance with the	106839
approved community mental health plan.	106840

~~(b) The~~(2) Subject to division (D) of this section, the	106841
board elects not to accept the amount allocated to it under	106842
~~division (B)(1) of~~ this section, authorizes the department to	106843
determine the use of its allocation, and agrees to provide the	106844
department with a statement of projected utilization of state	106845
hospitals and other state-operated services by residents of its	106846
service district during the fiscal year.	106847

~~(4) Beginning with the notification required to be made by~~	106848
~~May 1, 1995, under division (B)(3) of this section, no~~(D) No	106849
board ~~of alcohol, drug addiction, and mental health services~~ shall	106850
elect the option in division ~~(B)(3)(b)~~(C)(2) of this section	106851
unless ~~one~~all of the following ~~applies~~apply:	106852

~~(a) The~~(1) Either the total ~~general revenue~~ funds estimated	106853
by the department to be allocated to the board under this section	106854
for the next fiscal year isare reduced by a substantial amount,	106855
as defined in guidelines adopted by the director of mental health	106856
under division ~~(B)(4)~~(E) of this section, in comparison to the	106857
amount allocated for the current fiscal year, for reasons not	106858
related to performance;	106859

~~(b) The amount of estimated general revenue funds to be~~	106860
~~allocated to the board is not reduced by a substantial amount but~~	106861
or the board has experienced other circumstances specified in the	106862
guidelines ~~adopted by the director under division (B)(4) of this~~	106863
~~section~~.	106864

~~The director shall consult with boards of alcohol, drug~~	106865
~~addiction, and mental health services and other relevant~~	106866
~~constituencies to develop guidelines for determining what~~	106867
~~constitutes a substantial reduction of general revenue funds for~~	106868
~~the purpose of electing the option under division (B)(3)(b) of~~	106869
~~this section, and what other circumstances qualify a board to~~	106870
~~elect that option.~~	106871

~~Beginning with the notification required to be made by May 1,~~	106872
~~1995, under division (B)(3) of this section, no board shall notify~~	106873
~~the director that it elects the option under division (B)(3)(b) of~~	106874
~~this section unless it has conducted~~(2) The board provides the	106875
department written confirmation that the board has received input	106876
about the impact that the board's election will have on the mental	106877
health system in the board's district from all of the following:	106878

(a) Individuals who receive mental health services and such	106879
individuals' families;	106880

(b) Boards of county commissioners;

106881

106882

(d) County sheriffs, jail administrators, and other local law	106883
enforcement officials.	106884

(3) Not later than seven days before notifying the department	106885
of its election and after providing the department the written	106886
confirmation required by division (D)(2) of this section, the	106887
board conducts a public hearing on the issue ~~no later than seven~~	106888
~~days before making the notification~~.	106889

~~(C) Boards of alcohol, drug addiction, and mental health~~	106890
~~services and community mental health agencies~~(E) For the purpose	106891
of division (D)(1) of this section, the director of mental health	106892
shall consult with the boards and other relevant constituencies to	106893
develop guidelines for determining what constitutes a substantial	106894
reduction of funds and what other circumstances qualify a board to	106895
elect the option in division (C)(2) of this section.	106896

(F) No board shall ~~not~~ use state funds for the purpose of	106897
~~influencing employees with respect to unionization. As used in~~	106898
~~this division, "influencing" means~~ discouraging employees from	106899
seeking collective bargaining representation or encouraging	106900
employees to decertify a recognized collective bargaining agent.	106901

~~(D) The director shall develop, and review at least annually,~~	106902
~~a methodology, including the formula developed under division~~	106903
~~(B)(1) of this section, for distributing and allocating funds to~~	106904
~~boards. The methodology shall be consistent with state and federal~~	106905
~~law and regulations. A portion of the funds shall be distributed~~	106906
~~based on the ratio of the population of the district served by the~~	106907
~~board to the total population of the state as determined from the~~	106908
~~federal census or the most recent estimates produced by the United~~	106909
~~States census bureau's federal state cooperative program for~~	106910
~~population program-series P-26 or the population estimates and~~	106911
~~projections program-series P-25, whichever is most recent.~~	106912

~~(E)(1) There is hereby created in the state treasury the~~	106913
~~department of mental health risk fund, which shall receive~~	106914
~~payments from boards that have elected the option provided in~~	106915
~~division (B)(3)(a) of this section. All investment earnings of the~~	106916
~~fund shall be credited to the fund. Moneys in the fund shall be~~	106917
~~used for the following purposes:~~	106918

~~(a) To assist boards that elect the option provided in~~	106919
~~division (B)(3)(a) of this section and that serve service~~	106920
~~districts in which the costs of utilization of state hospitals by~~	106921
~~residents in a fiscal year exceed the amount allocated to the~~	106922
~~district under the formula developed under division (B)(1) of this~~	106923
~~section. The department shall define such costs by unit and~~	106924
~~establish them annually after consultation with representatives of~~	106925
~~such boards.~~	106926

~~(b) To make payments to boards that elect the option provided~~	106927
~~in division (B)(3)(a) of this section and that experience~~	106928
~~conditions of financial hardship, as determined by the director.~~	106929

~~The director of mental health, in consultation with~~	106930
~~representatives of the boards, shall develop guidelines for the~~	106931
~~use of moneys in the risk fund.~~	106932

~~(2) On or before the first day of April of each year, the~~	106933
~~department shall specify the percentage of the amount of money~~	106934
~~allocated under division (B)(1) of this section for distribution~~	106935
~~to boards subject to division (E) of this section that each such~~	106936
~~board is to transmit to the director of mental health for deposit~~	106937
~~in the risk fund for the following fiscal year. On or before the~~	106938
~~first day of August of each year, each such board shall transmit~~	106939
~~to the director for deposit to the credit of the risk fund the~~	106940
~~amount obtained by multiplying that percentage by the amount~~	106941
~~allocated for distribution to such boards.~~	106942

~~(3) Whenever the costs of utilization of state hospitals by~~	106943
~~residents in a district served by a board subject to division (E)~~	106944
~~of this section exceed the amount allocated to the district under~~	106945
~~the formula, responsibility for payment of the excess costs shall~~	106946
~~be borne by the board of that district and the risk fund as~~	106947
~~follows:~~	106948

~~(a) The board and the risk fund each are responsible for~~	106949
~~payment of one-half of any costs that exceed one hundred per cent~~	106950
~~of the amount allocated under the formula but do not exceed one~~	106951
~~hundred five per cent of that amount.~~	106952

~~(b) The board is responsible for payment of one-fourth, and~~	106953
~~the risk fund responsible for three-fourths, of any costs that~~	106954
~~exceed one hundred five per cent of the amount allocated under the~~	106955
~~formula but do not exceed one hundred ten per cent of that amount.~~	106956

~~(c) The risk fund is responsible for payment of any costs~~	106957
~~that exceed one hundred ten per cent of the amount allocated under~~	106958
~~the formula but do not exceed one hundred fifteen per cent of that~~	106959
~~amount.~~	106960

~~(d) The board is responsible for payment of all costs that~~	106961
~~exceed one hundred fifteen per cent of the amount allocated under~~	106962
~~the formula.~~	106963

~~(F)~~(G) The department shall charge against the allocation	106964
made to a board under division (B)~~(1)~~ of this section, if any, any	106965
unreimbursed costs for services provided by the department. ~~This~~	106966
~~requirement is not affected by any election a board makes under~~	106967
~~division (B)(3) of this section.~~	106968

(H) A board's use of funds allocated under this section is	106969
subject to audit by county, state, and federal authorities.	106970

Sec. 5119.621. (A) As used in this section, "administrative	106971
function" means a function related to one or more of the	106972
following:	106973

(1) Continuous quality improvement;

106974

(2) Utilization review;

106975

(3) Resource development;

106976

(4) Fiscal administration;

106977

(5) General administration;

106978

(6) Any other function related to administration that is	106979
required by Chapter 340. of the Revised Code.	106980

(B) Each board of alcohol, drug addiction, and mental health	106981
services shall submit an annual report to the department of mental	106982
health specifying how the board used ~~state and federal~~ funds	106983
allocated to the board~~, according to the formula the director of~~	106984
~~mental health establishes~~ under section 5119.62 of the Revised	106985
Code, for administrative functions in the year preceding the	106986
report's submission. The director of mental health shall establish	106987
the date by which the report must be submitted each year.	106988

Sec. 5119.622. The director of mental health, in whole or in	106989
part, may withhold funds otherwise to be allocated to a board of	106990
alcohol, drug addiction, and mental health services under section	106991
5119.62 of the Revised Code if the board fails to comply with	106992
Chapter 340. or section 5119.61, 5119.611, 5119.612, or 5119.621	106993
of the Revised Code or rules of the department of mental health	106994
regarding a community mental health service. The director shall	106995
identify the areas of noncompliance and the action necessary to	106996
achieve compliance. The director shall offer technical assistance	106997
to the board to achieve compliance. The director shall give the	106998
board a reasonable time within which to comply or to present its	106999
position that it is in compliance. Before withholding funds, a	107000
hearing shall be conducted to determine if there are continuing	107001
violations and that either assistance is rejected or the board is	107002
unable to achieve compliance. Subsequent to the hearing process,	107003
if it is determined that compliance has not been achieved, the	107004
director may allocate all or part of the withheld funds to a	107005
public or private agency to provide the community mental health	107006
service for which the board is not in compliance until the time	107007
that there is compliance. The director shall adopt rules in	107008
accordance with Chapter 119. of the Revised Code to implement this	107009
section.	107010

Sec. 5119.623. The director of mental health may withhold	107011
funds otherwise to be allocated to a board of alcohol, drug	107012
addiction, and mental health services under section 5119.62 of the	107013
Revised Code if the board denies available service on the basis of	107014
religion, race, color, creed, sex, national origin, age,	107015
disability as defined in section 4112.01 of the Revised Code, or	107016
developmental disability.	107017

~~Sec. 173.35.~~ Sec. 5119.69. (A) ~~As used in this section, "PASSPORT~~	107018
~~administrative agency" means an entity under contract with the~~	107019
~~department of aging to provide administrative services regarding~~	107020
~~the PASSPORT program created under section 173.40 of the Revised~~	107021
~~Code.~~	107022

~~(B)~~ The department of ~~aging~~mental health shall ~~administer~~	107023
implement the residential state supplement program under which the	107024
state supplements the supplemental security income payments	107025
received by aged, blind, or disabled adults under Title XVI of the	107026
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as	107027
amended. Residential state supplement payments shall be used for	107028
the provision of accommodations, supervision, and personal care	107029
services to supplemental security income recipients who the	107030
department determines are at risk of needing institutional care.	107031

(B) In implementing the program, the department may designate	107032
one or more entities to be responsible for providing	107033
administrative services regarding the program. The department may	107034
designate an entity to be a residential state supplement	107035
administrative agency under this division either by entering into	107036
a contract with the entity to serve in that capacity or by	107037
otherwise delegating to the entity the responsibility to serve in	107038
that capacity.	107039

(C) For an individual to be eligible for residential state	107040
supplement payments, all of the following must be the case:	107041

(1) Except as provided by division (G) of this section, the	107042
individual must reside in one of the following:	107043

(a) An adult foster home certified under section ~~173.36~~	107044
5119.692 of the Revised Code;	107045

(b) A home or facility, other than a nursing home or nursing	107046
home unit of a home for the aging, licensed by the department of	107047
health under Chapter 3721. ~~or 3722.~~ of the Revised Code ~~and~~	107048
~~certified in accordance with standards established by the director~~	107049
~~of aging under division (D)(2) of this section~~or the department	107050
of mental health under sections 5119.70 to 5119.88 of the Revised	107051
Code;	107052

(c) A residential facility as defined in division	107053
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	107054
the department of mental health ~~and certified in accordance with~~	107055
~~standards established by the director of aging under division~~	107056
~~(D)(2) of this section~~;	107057

(d) An apartment or room used to provide community mental	107058
health housing services certified by the department of mental	107059
health under section 5119.611 of the Revised Code and approved by	107060
a board of alcohol, drug addiction, and mental health services	107061
under division (A)~~(14)~~(13) of section 340.03 of the Revised Code	107062
~~and certified in accordance with standards established by the~~	107063
~~director of aging under division (D)(2) of this section~~.	107064

(2) ~~Effective July 1, 2000, a PASSPORT~~A residential state	107065
supplement administrative agency must have determined that the	107066
environment in which the individual will be living while receiving	107067
the payments is appropriate for the individual's needs. If the	107068
individual is eligible for supplemental security income payments	107069
or social security disability insurance benefits because of a	107070
mental disability, the ~~PASSPORT~~residential state supplement	107071
administrative agency shall refer the individual to a community	107072
mental health agency for the community mental health agency to	107073
issue in accordance with section 340.091 of the Revised Code a	107074
recommendation on whether the ~~PASSPORT~~residential state	107075
supplement administrative agency should determine that the	107076
environment in which the individual will be living while receiving	107077
the payments is appropriate for the individual's needs. ~~Division~~	107078
~~(C)(2) of this section does not apply to an individual receiving~~	107079
~~residential state supplement payments on June 30, 2000, until the~~	107080
~~individual's first eligibility redetermination after that date.~~	107081

(3) The individual satisfies all eligibility requirements	107082
established by rules adopted under division (D) of this section.	107083

(D)~~(1)~~ The directors of ~~aging~~mental health and job and	107084
family services shall adopt rules in accordance with section	107085
111.15 of the Revised Code as necessary to implement the	107086
residential state supplement program.	107087

To the extent permitted by Title XVI of the "Social Security	107088
Act," and any other provision of federal law, the director of job	107089
and family services ~~shall~~may adopt rules establishing standards	107090
for adjusting the eligibility requirements concerning the level of	107091
impairment a person must have so that the amount appropriated for	107092
the program by the general assembly is adequate for the number of	107093
eligible individuals. The rules shall not limit the eligibility of	107094
disabled persons solely on a basis classifying disabilities as	107095
physical or mental. The director of job and family services also	107096
~~shall~~may adopt rules that establish eligibility standards for	107097
aged, blind, or disabled individuals who reside in one of the	107098
homes or facilities specified in division (C)(1) of this section	107099
but who, because of their income, do not receive supplemental	107100
security income payments. The rules may provide that these	107101
individuals may include individuals who receive other types of	107102
benefits, including, social security disability insurance benefits	107103
provided under Title II of the "Social Security Act," 49 Stat. 620	107104
(1935), 42 U.S.C.A. 401, as amended. Notwithstanding division	107105
~~(B)~~(A) of this section, such payments may be made if funds are	107106
available for them.	107107

The director of ~~aging shall~~mental health may adopt rules	107108
establishing the method to be used to determine the amount an	107109
eligible individual will receive under the program. The amount the	107110
general assembly appropriates for the program ~~shall~~may be a	107111
factor included in the method that ~~department~~director	107112
establishes.	107113

~~(2) The director of aging shall adopt rules in accordance~~	107114
~~with Chapter 119. of the Revised Code establishing standards for~~	107115
~~certification of living facilities described in division (C)(1) of~~	107116
~~this section.~~	107117

~~The directors of aging and mental health shall enter into an~~	107118
~~agreement to certify facilities that apply for certification and~~	107119
~~meet the standards established by the director of aging under this~~	107120
~~division.~~	107121

(E) The county department of job and family services of the	107122
county in which an applicant for the residential state supplement	107123
program resides shall determine whether the applicant meets income	107124
and resource requirements for the program.	107125

(F) The department of ~~aging~~mental health shall maintain a	107126
waiting list of any individuals eligible for payments under this	107127
section but not receiving them because moneys appropriated to the	107128
department for the purposes of this section are insufficient to	107129
make payments to all eligible individuals. An individual may apply	107130
to be placed on the waiting list even though the individual does	107131
not reside in one of the homes or facilities specified in division	107132
(C)(1) of this section at the time of application. The director of	107133
~~aging~~mental health, by rules adopted in accordance with Chapter	107134
119. of the Revised Code, ~~shall~~may specify procedures and	107135
requirements for placing an individual on the waiting list and	107136
priorities for the order in which individuals placed on the	107137
waiting list are to begin to receive residential state supplement	107138
payments. The rules specifying priorities may give priority to	107139
individuals placed on the waiting list on or after July 1, 2006,	107140
who receive supplemental security income benefits under Title XVI	107141
of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.	107142
1381, as amended. The rules shall not affect the place on the	107143
waiting list of any person who was on the list on July 1, 2006.	107144
The rules specifying priorities may also set additional priorities	107145
based on living arrangement, such as whether an individual resides	107146
in a facility listed in division (C)(1) of this section or has	107147
been admitted to a nursing facility.	107148

(G) An individual in a licensed or certified living	107149
arrangement receiving state supplementation on November 15, 1990,	107150
under former section 5101.531 of the Revised Code shall not become	107151
ineligible for payments under this section solely by reason of the	107152
individual's living arrangement as long as the individual remains	107153
in the living arrangement in which the individual resided on	107154
November 15, 1990.	107155

(H) The department of ~~aging~~mental health shall notify each	107156
person denied approval for payments under this section of the	107157
person's right to a hearing. On request, the hearing shall be	107158
provided ~~by the department of job and family services~~ in	107159
accordance with ~~section 5101.35~~Chapter 119. of the Revised Code.	107160

~~Sec. 173.351.~~ Sec. 5119.691. (A) As used in this section:

107161

~~"Area agency on aging" has the same meaning as in section~~	107162
~~173.14 of the Revised Code.~~	107163

"Long-term care consultation program" means the program the	107164
department of aging is required to develop under section 173.42 of	107165
the Revised Code.	107166

"Long-term care consultation program administrator" or	107167
"administrator" means the department of aging or, if the	107168
department contracts with an area agency on aging or other entity	107169
to administer the long-term care consultation program for a	107170
particular area, that agency or entity.	107171

"Nursing facility" has the same meaning as in section 5111.20	107172
of the Revised Code.	107173

"Residential state supplement administrative agency" means an	107174
entity designated as such by the department of mental health under	107175
section 5119.69 of the Revised Code.	107176

"Residential state supplement program" means the program	107177
administered pursuant to section ~~173.35~~5119.69 of the Revised	107178
Code.	107179

(B) ~~Each month, each area agency on aging~~On a periodic	107180
schedule determined by the department of mental health, each	107181
residential state supplement administrative agency shall determine	107182
whether individuals who reside in the area that the ~~area~~ agency on	107183
~~aging~~ serves and are on a waiting list for the residential state	107184
supplement program have been admitted to a nursing facility. If an	107185
~~area~~a residential state supplement administrative agency ~~on aging~~	107186
determines that such an individual has been admitted to a nursing	107187
facility, the agency shall notify the long-term care consultation	107188
program administrator serving the area in which the individual	107189
resides about the determination. The administrator shall determine	107190
whether the residential state supplement program is appropriate	107191
for the individual and whether the individual would rather	107192
participate in the program than continue residing in the nursing	107193
facility. If the administrator determines that the residential	107194
state supplement program is appropriate for the individual and the	107195
individual would rather participate in the program than continue	107196
residing in the nursing facility, the administrator shall so	107197
notify the department of ~~aging~~mental health. On receipt of the	107198
notice from the administrator, the department of ~~aging~~mental	107199
health shall approve the individual's enrollment in the	107200
residential state supplement program in accordance with the	107201
priorities specified in rules adopted under division (F) of	107202
section ~~173.35~~5119.69 of the Revised Code. Each quarter, the	107203
department of ~~aging~~mental health shall certify to the director of	107204
budget and management the estimated increase in costs of the	107205
residential state supplement program resulting from enrollment of	107206
individuals in the program pursuant to this section.	107207

~~(C) Not later than the last day of each calendar year, the~~	107208
~~director of aging shall submit to the general assembly a report~~	107209
~~regarding the number of individuals enrolled in the residential~~	107210
~~state supplement program pursuant to this section and the costs~~	107211
~~incurred and savings achieved as a result of the enrollments.~~	107212

~~Sec. 173.36.~~ Sec. 5119.692. As used in this section, "adult foster	107213
home" means a residence, other than a ~~residence certified or~~	107214
residential facility licensed ~~by the department of mental health~~	107215
under section 5119.22 of the Revised Code, in which accommodations	107216
and personal care services, as defined in section ~~3722.01~~5119.70	107217
of the Revised Code, are provided to one or two adults who are	107218
unrelated to the owners of the residence.	107219

The department of ~~aging~~mental health shall adopt rules in	107220
accordance with Chapter 119. of the Revised Code establishing	107221
standards for the certification of adult foster homes. The	107222
department or its designee shall certify adult foster homes that	107223
apply for certification and meet the standards established by the	107224
department.	107225

Sec. 5119.693. (A) As used in this section:

107226

(1) "Adult resident" means an individual residing in an adult	107227
foster home certified by the department of mental health.	107228

(2) "Applicant" means a person who is under final	107229
consideration for employment with an adult foster home in a	107230
full-time, part-time, or temporary position that involves	107231
providing direct care to an adult resident. "Applicant" does not	107232
include a person who provides direct care as a volunteer without	107233
receiving or expecting to receive any form of remuneration other	107234
than reimbursement for actual expenses.	107235

(3) "Criminal records check" has the same meaning as in	107236
section 109.572 of the Revised Code.	107237

(B)(1) Except as provided in division (I) of this section,	107238
the owner or administrator of an adult foster home shall request	107239
that the superintendent of the bureau of criminal identification	107240
and investigation conduct a criminal records check with respect to	107241
each applicant. If an applicant for whom a criminal records check	107242
request is required under this division does not present proof of	107243
having been a resident of this state for the five-year period	107244
immediately prior to the date the criminal records check is	107245
requested or provide evidence that within that five-year period	107246
the superintendent has requested information about the applicant	107247
from the federal bureau of investigation in a criminal records	107248
check, the owner or administrator shall request that the	107249
superintendent obtain information from the federal bureau of	107250
investigation as part of the criminal records check of the	107251
applicant. Even if an applicant for whom a criminal records check	107252
request is required under this division presents proof of having	107253
been a resident of this state for the five-year period, the owner	107254
or administrator may request that the superintendent include	107255
information from the federal bureau of investigation in the	107256
criminal records check.	107257

(2) A person required by division (B)(1) of this section to	107258
request a criminal records check shall do both of the following:	107259

(a) Provide to each applicant for whom a criminal records	107260
check request is required under that division a copy of the form	107261
prescribed pursuant to division (C)(1) of section 109.572 of the	107262
Revised Code and a standard fingerprint impression sheet	107263
prescribed pursuant to division (C)(2) of that section, and obtain	107264
the completed form and impression sheet from the applicant;	107265

(b) Forward the completed form and impression sheet to the	107266
superintendent of the bureau of criminal identification and	107267
investigation.	107268

(3) An applicant provided the form and fingerprint impression	107269
sheet under division (B)(2)(a) of this section who fails to	107270
complete the form or provide fingerprint impressions shall not be	107271
employed in any position for which a criminal records check is	107272
required by this section.	107273

(C)(1) Except as provided in rules adopted by the department	107274
of mental health in accordance with division (F) of this section	107275
and subject to division (C)(2) of this section, no adult foster	107276
home shall employ a person in a position that involves providing	107277
direct care to an adult resident if the person has been convicted	107278
of or pleaded guilty to any of the following:	107279

(a) A violation of section 2903.01, 2903.02, 2903.03,	107280
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	107281
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	107282
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	107283
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	107284
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	107285
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	107286
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	107287
2925.22, 2925.23, or 3716.11 of the Revised Code.	107288

(b) A violation of an existing or former law of this state,	107289
any other state, or the United States that is substantially	107290
equivalent to any of the offenses listed in division (C)(1)(a) of	107291
this section.	107292

(2)(a) An adult foster home may employ conditionally an	107293
applicant for whom a criminal records check request is required	107294
under division (B) of this section prior to obtaining the results	107295
of a criminal records check regarding the individual, provided	107296
that the foster home shall request a criminal records check	107297
regarding the individual in accordance with division (B)(1) of	107298
this section not later than five business days after the	107299
individual begins conditional employment. In the circumstances	107300
described in division (I)(2) of this section, an adult foster home	107301
may employ conditionally an applicant who has been referred to the	107302
adult foster home by an employment service that supplies	107303
full-time, part-time, or temporary staff for positions involving	107304
the direct care of adult residents and for whom, pursuant to that	107305
division, a criminal records check is not required under division	107306
(B) of this section.	107307

(b) An adult foster home that employs an individual	107308
conditionally under authority of division (C)(2)(a) of this	107309
section shall terminate the individual's employment if the results	107310
of the criminal records check requested under division (B) of this	107311
section or described in division (I)(2) of this section, other	107312
than the results of any request for information from the federal	107313
bureau of investigation, are not obtained within the period ending	107314
thirty days after the date the request is made. Regardless of when	107315
the results of the criminal records check are obtained, if the	107316
results indicate that the individual has been convicted of or	107317
pleaded guilty to any of the offenses listed or described in	107318
division (C)(1) of this section, the foster home shall terminate	107319
the individual's employment unless the foster home chooses to	107320
employ the individual pursuant to division (F) of this section.	107321
Termination of employment under this division shall be considered	107322
just cause for discharge for purposes of division (D)(2) of	107323
section 4141.29 of the Revised Code if the individual makes any	107324
attempt to deceive the foster home about the individual's criminal	107325
record.	107326

(D)(1) Each adult foster home shall pay to the bureau of	107327
criminal identification and investigation the fee prescribed	107328
pursuant to division (C)(3) of section 109.572 of the Revised Code	107329
for each criminal records check conducted pursuant to a request	107330
made under division (B) of this section.	107331

(2) An adult foster home may charge an applicant a fee not	107332
exceeding the amount the foster home pays under division (D)(1) of	107333
this section. An adult foster home may collect a fee only if it	107334
notifies the person at the time of initial application for	107335
employment of the amount of the fee and that, unless the fee is	107336
paid, the person will not be considered for employment.	107337

(E) The report of any criminal records check conducted	107338
pursuant to a request made under this section is not a public	107339
record for the purposes of section 149.43 of the Revised Code and	107340
shall not be made available to any person other than the	107341
following:	107342

(1) The individual who is the subject of the criminal records	107343
check or the individual's representative;	107344

(2) The owner or administrator of the foster home requesting	107345
the criminal records check or the owner's or administrator's	107346
representative;	107347

(3) The administrator of any other facility, agency, or	107348
program that provides direct care to adult residents that is owned	107349
or operated by the same entity that owns or operates the adult	107350
foster home;	107351

(4) A court, hearing officer, or other necessary individual	107352
involved in a case dealing with a denial of employment of the	107353
applicant or dealing with employment or unemployment benefits of	107354
the applicant;	107355

(5) Any person to whom the report is provided pursuant to,	107356
and in accordance with, division (I)(1) or (2) of this section.	107357

(F) The department of mental health may adopt rules in	107358
accordance with Chapter 119. of the Revised Code to implement this	107359
section. The rules may specify circumstances under which an adult	107360
foster home may employ a person who has been convicted of or	107361
pleaded guilty to an offense listed or described in division	107362
(C)(1) of this section but meets personal character standards set	107363
by the department.	107364

(G) The owner or administrator of an adult foster home shall	107365
inform each individual, at the time of initial application for a	107366
position that involves providing direct care to an adult resident,	107367
that the individual is required to provide a set of fingerprint	107368
impressions and that a criminal records check is required to be	107369
conducted if the individual comes under final consideration for	107370
employment.	107371

(H) In a tort or other civil action for damages that is	107372
brought as the result of an injury, death, or loss to person or	107373
property caused by an individual who an adult foster home employs	107374
in a position that involves providing direct care to adult	107375
residents, all of the following shall apply:	107376

(1) If the foster home employed the individual in good faith	107377
and reasonable reliance on the report of a criminal records check	107378
requested under this section, the foster home shall not be found	107379
negligent solely because of its reliance on the report, even if	107380
the information in the report is determined later to have been	107381
incomplete or inaccurate;	107382

(2) If the foster home employed the individual in good faith	107383
on a conditional basis pursuant to division (C)(2) of this	107384
section, the foster home shall not be found negligent solely	107385
because it employed the individual prior to receiving the report	107386
of a criminal records check requested under this section;	107387

(3) If the foster home in good faith employed the individual	107388
according to the personal character standards established in rules	107389
adopted under division (F) of this section, the foster home shall	107390
not be found negligent solely because the individual prior to	107391
being employed had been convicted of or pleaded guilty to an	107392
offense listed or described in division (C)(1) of this section.	107393

(I)(1) The owner or administrator of an adult foster home is	107394
not required to request that the superintendent of the bureau of	107395
criminal identification and investigation conduct a criminal	107396
records check of an applicant if the applicant has been referred	107397
to the foster home by an employment service that supplies	107398
full-time, part-time, or temporary staff for positions involving	107399
the direct care of adult residents and both of the following	107400
apply:	107401

(a) The owner or administrator receives from the employment	107402
service or the applicant a report of the results of a criminal	107403
records check regarding the applicant that has been conducted by	107404
the superintendent within the one-year period immediately	107405
preceding the applicant's referral;	107406

(b) The report of the criminal records check demonstrates	107407
that the person has not been convicted of or pleaded guilty to an	107408
offense listed or described in division (C)(1) of this section, or	107409
the report demonstrates that the person has been convicted of or	107410
pleaded guilty to one or more of those offenses, but the adult	107411
foster home chooses to employ the individual pursuant to division	107412
(F) of this section.	107413

(2) The owner or administrator of an adult foster home is not	107414
required to request that the superintendent of the bureau of	107415
criminal identification and investigation conduct a criminal	107416
records check of an applicant and may employ the applicant	107417
conditionally as described in this division, if the applicant has	107418
been referred to the foster home by an employment service that	107419
supplies full-time, part-time, or temporary staff for positions	107420
involving the direct care of adult residents and if the owner or	107421
administrator receives from the employment service or the	107422
applicant a letter from the employment service that is on the	107423
letterhead of the employment service, dated, and signed by a	107424
supervisor or another designated official of the employment	107425
service and that states that the employment service has requested	107426
the superintendent to conduct a criminal records check regarding	107427
the applicant, that the requested criminal records check will	107428
include a determination of whether the applicant has been	107429
convicted of or pleaded guilty to any offense listed or described	107430
in division (C)(1) of this section, that, as of the date set forth	107431
on the letter, the employment service had not received the results	107432
of the criminal records check, and that, when the employment	107433
service receives the results of the criminal records check, it	107434
promptly will send a copy of the results to the adult care foster	107435
home. If an adult foster home employs an applicant conditionally	107436
in accordance with this division, the employment service, upon its	107437
receipt of the results of the criminal records check, promptly	107438
shall send a copy of the results to the adult foster home, and	107439
division (C)(2)(b) of this section applies regarding the	107440
conditional employment.	107441

~~Sec. 3722.01.~~ Sec. 5119.70. (A) As used in ~~this chapter~~sections	107442
5119.70 to 5119.88:	107443

(1) "Owner" means the person who owns the business of and who	107444
ultimately controls the operation of an adult care facility and to	107445
whom the manager, if different from the owner, is responsible.	107446

(2) "Manager" means the person responsible for the daily	107447
operation of an adult care facility. The manager and the owner of	107448
a facility may be the same person.	107449

(3) "Adult" means an individual eighteen years of age or	107450
older.	107451

(4) "Unrelated" means that an adult resident is not related	107452
to the owner or manager of an adult care facility or to the	107453
owner's or manager's spouse as a parent, grandparent, child,	107454
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	107455
uncle, or as the child of an aunt or uncle.	107456

(5) "Skilled nursing care" means skilled nursing care as	107457
defined in section 3721.01 of the Revised Code.	107458

(6)(a) "Personal care services" means services including, but	107459
not limited to, the following:	107460

(i) Assistance with activities of daily living;

107461

(ii) Assistance with self-administration of medication, in	107462
accordance with rules adopted ~~by the public health council~~	107463
~~pursuant to this chapter~~under section 5119.79 of the Revised	107464
Code;	107465

(iii) Preparation of special diets, other than complex	107466
therapeutic diets, for residents pursuant to the instructions of a	107467
physician or a licensed dietitian, in accordance with rules	107468
adopted ~~by the public health council pursuant to this chapter~~	107469
under section 5119.79 of the Revised Code.	107470

(b) "Personal care services" does not include "skilled	107471
nursing care" as defined in section 3721.01 of the Revised Code. A	107472
facility need not provide more than one of the services listed in	107473
division (A)(6)(a) of this section for the facility to be	107474
considered to be providing personal care services.	107475

(7) "Adult family home" means a residence or facility that	107476
provides accommodations and supervision to three to five unrelated	107477
adults, at least three of whom require personal care services.	107478

(8) "Adult group home" means a residence or facility that	107479
provides accommodations and supervision to six to sixteen	107480
unrelated adults, at least three of whom require personal care	107481
services.	107482

(9) "Adult care facility" means an adult family home or an	107483
adult group home. For the purposes of ~~this chapter~~sections	107484
5119.70 to 5119.88 of the Revised Code, any residence, facility,	107485
institution, hotel, congregate housing project, or similar	107486
facility that provides accommodations and supervision to three to	107487
sixteen unrelated adults, at least three of whom require personal	107488
care services, is an adult care facility regardless of how the	107489
facility holds itself out to the public. "Adult care facility"	107490
does not include:	107491

(a) A facility operated by a hospice care program licensed	107492
under section 3712.04 of the Revised Code that is used exclusively	107493
for care of hospice patients;	107494

(b) A nursing home, residential care facility, or home for	107495
the aging as defined in section 3721.01 of the Revised Code;	107496

(c) An alcohol and drug addiction program as defined in	107497
section 3793.01 of the Revised Code;	107498

(d) A residential facility for the mentally ill licensed by	107499
the department of mental health under section 5119.22 of the	107500
Revised Code;	107501

(e) A facility licensed to provide methadone treatment under	107502
section 3793.11 of the Revised Code;	107503

(f) A residential facility licensed under section 5123.19 of	107504
the Revised Code or otherwise regulated by the department of	107505
developmental disabilities;	107506

(g) Any residence, institution, hotel, congregate housing	107507
project, or similar facility that provides personal care services	107508
to fewer than three residents or that provides, for any number of	107509
residents, only housing, housekeeping, laundry, meal preparation,	107510
social or recreational activities, maintenance, security,	107511
transportation, and similar services that are not personal care	107512
services or skilled nursing care;	107513

(h) Any facility that receives funding for operating costs	107514
from the department of development under any program established	107515
to provide emergency shelter housing or transitional housing for	107516
the homeless;	107517

(i) A terminal care facility for the homeless that has	107518
entered into an agreement with a hospice care program under	107519
section 3712.07 of the Revised Code;	107520

(j) A facility approved by the veterans administration under	107521
section 104(a) of the "Veterans Health Care Amendments of 1983,"	107522
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively	107523
for the placement and care of veterans.	107524

(10) ~~"Residents' rights advocate" means:~~

107525

~~(a) An employee or representative of any state or local~~	107526
~~government entity that has a responsibility for residents of adult~~	107527
~~care facilities and has registered with the department of health~~	107528
~~under section 3701.07 of the Revised Code;~~	107529

~~(b) An employee or representative, other than a manager or~~	107530
~~employee of an adult care facility or nursing home, of any private~~	107531
~~nonprofit corporation or association that qualifies for tax-exempt~~	107532
~~status under section 501(a) of the "Internal Revenue Code of~~	107533
~~1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has~~	107534
~~registered with the department of health under section 3701.07 of~~	107535
~~the Revised Code, and whose purposes include educating and~~	107536
~~counseling residents, assisting residents in resolving problems~~	107537
~~and complaints concerning their care and treatment, and assisting~~	107538
~~them in securing adequate services.~~	107539

~~(11)~~ "Sponsor" means an adult relative, friend, or guardian	107540
of a resident of an adult care facility who has an interest in or	107541
responsibility for the resident's welfare.	107542

~~(12)~~(11) "Ombudsperson" means a "representative of the office	107543
of the state long-term care ombudsperson program" as defined in	107544
section 173.14 of the Revised Code.	107545

~~(13)~~(12) "Mental health agency" means a community mental	107546
health agency, as defined in division (H) of section ~~5119.22~~	107547
5122.01 of the Revised Code, under contract with an ADAMHS board	107548
pursuant to division (A)~~(8)~~(7)(a) of section 340.03 of the Revised	107549
Code.	107550

~~(14)~~(13) "ADAMHS board" means a board of alcohol, drug	107551
addiction, and mental health services;	107552

~~(15)~~(14) "Mental health resident program participation	107553
agreement" means a written agreement between an adult care	107554
facility and the ADAMHS board serving the alcohol, drug addiction,	107555
and mental health service district in which the facility is	107556
located, under which the facility is authorized to admit residents	107557
who are receiving or are eligible for publicly funded mental	107558
health services.	107559

~~(16)~~(15) "~~PASSPORT~~RSS administrative agency" means an entity	107560
~~under contract with the department of aging to provide~~that	107561
provides administrative services regarding the ~~PASSPORT~~	107562
residential state supplement program ~~created under section 173.40~~	107563
~~of the Revised Code~~on behalf of the department of mental health,	107564
either by having entered into a contract with the department to	107565
serve in that capacity or by having the department otherwise	107566
delegate to it the responsibility to serve in that capacity.	107567

(B) For purposes of ~~this chapter~~sections 5119.70 to 5119.88	107568
of the Revised Code, personal care services or skilled nursing	107569
care shall be considered to be provided by a facility if they are	107570
provided by a person employed by or associated with the facility	107571
or by another person pursuant to an agreement to which neither the	107572
resident who receives the services nor the resident's sponsor is a	107573
party.	107574

(C) Nothing in division (A)(6) of this section shall be	107575
construed to permit personal care services to be imposed upon a	107576
resident who is capable of performing the activity in question	107577
without assistance.	107578

~~Sec. 3722.011.~~ Sec. 5119.701. (A) All medication taken by residents	107579
of an adult care facility shall be self-administered, except that	107580
medication may be administered to a resident as part of the	107581
skilled nursing care provided in accordance with division (B) of	107582
section ~~3722.16~~5119.86 of the Revised Code. No person shall be	107583
admitted to or retained by an adult care facility unless the	107584
person is capable of self-administering the person's medication,	107585
as determined in writing by a physician, except that a person may	107586
be admitted to or retained by such a facility if the person's	107587
medication is administered as part of the skilled nursing care	107588
provided in accordance with division (B) of section ~~3722.16~~	107589
5119.86 of the Revised Code.	107590

(B) Members of the staff of an adult care facility shall not	107591
administer medication to residents but may do any of the	107592
following:	107593

Remind a resident when to take medication and watch to ensure	107594
that the resident follows the directions on the container;	107595

Assist a resident in the self-administration of medication by	107596
taking the medication from the locked area where it is stored, in	107597
accordance with rules adopted ~~by the public health council~~	107598
~~pursuant to this chapter~~under section 5119.79 of the Revised	107599
Code, and handing it to the resident. If the resident is	107600
physically unable to open the container, a staff member may open	107601
the container for the resident.	107602

Assist a physically impaired but mentally alert resident,	107603
such as a resident with arthritis, cerebral palsy, or Parkinson's	107604
disease, in removing oral or topical medication from containers	107605
and in consuming or applying the medication, upon request by or	107606
with the consent of the resident. If a resident is physically	107607
unable to place a dose of medicine to the resident's mouth without	107608
spilling it, a staff member may place the dose in a container and	107609
place the container to the mouth of the resident.	107610

~~Sec. 3722.02.~~ Sec. 5119.71. A person seeking a license to operate	107611
an adult care facility shall submit to the director of mental	107612
health an application on a form prescribed by the director and the	107613
following:	107614

(A) In the case of an adult group home seeking licensure as	107615
an adult care facility, evidence that the home has been inspected	107616
and approved by a local certified building department or by the	107617
division of labor in the department of commerce as meeting the	107618
applicable requirements of sections 3781.06 to 3781.18 and 3791.04	107619
of the Revised Code and any rules adopted under those sections and	107620
evidence that the home has been inspected by the state fire	107621
marshal or fire prevention officer of a municipal, township, or	107622
other legally constituted fire department approved by the state	107623
fire marshal and found to be in compliance with rules adopted	107624
under section 3737.83 of the Revised Code regarding fire	107625
prevention and safety in adult group homes;	107626

(B) Valid approvals of the facility's water and sewage	107627
systems issued by the responsible governmental entity, if	107628
applicable;	107629

(C) A statement of ownership containing the following	107630
information:	107631

(1) If the owner is an individual, the owner's name, address,	107632
telephone number, business address, business telephone number, and	107633
occupation. If the owner is an association, corporation, or	107634
partnership, the business activity, address, and telephone number	107635
of the entity and the name of every person who has an ownership	107636
interest of five per cent or more in the entity.	107637

(2) If the owner does not own the building or if the owner	107638
owns only part of the building in which the facility is housed,	107639
the name of each person who has an ownership interest of five per	107640
cent or more in the building;	107641

(3) The address of any adult care facility and any facility	107642
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	107643
of the Revised Code in which the owner has an ownership interest	107644
of five per cent or more;	107645

(4) The identity of the manager of the adult care facility,	107646
if different from the owner;	107647

(5) The name and address of any adult care facility and any	107648
facility described in divisions (A)(9)(a) to (j) of section	107649
~~3722.01~~5119.70 of the Revised Code with which either the owner or	107650
manager has been affiliated through ownership or employment in the	107651
five years prior to the date of the application;	107652

(6) The names and addresses of three persons not employed by	107653
or associated in business with the owner who will provide	107654
information about the character, reputation, and competence of the	107655
owner and the manager and the financial responsibility of the	107656
owner;	107657

(7) Information about any arrest of the owner or manager for,	107658
or adjudication or conviction of, a criminal offense related to	107659
the provision of care in an adult care facility or any facility	107660
described in divisions (A)(9)(a) to (j) of section ~~3722.01~~5119.70	107661
of the Revised Code or the ability to operate a facility;	107662

(8) Any other information the director may require regarding	107663
the owner's ability to operate the facility.	107664

(D) If the facility is an adult group home, a balance sheet	107665
showing the assets and liabilities of the owner and a statement	107666
projecting revenues and expenses for the first twelve months of	107667
the facility's operation;	107668

(E) A statement containing the following information	107669
regarding admissions to the facility:	107670

(1) The intended bed capacity of the facility;

107671

(2) If the facility will admit persons referred by or	107672
receiving services from an ADAMHS board or a mental health agency,	107673
the total number of beds anticipated to be occupied as a result of	107674
those admissions.	107675

(F) A nonrefundable license application fee in an amount	107676
established in rules adopted ~~by the public health council pursuant~~	107677
~~to this chapter~~under section 5119.79 of the Revised Code.	107678

~~Sec. 3722.021.~~ Sec. 5119.711. In determining the number of	107679
residents in a facility for the purpose of licensure ~~under this~~	107680
~~chapter~~as an adult care facility, the director of mental health	107681
shall consider all the individuals for whom the facility provides	107682
accommodations as one group unless either of the following is the	107683
case:	107684

(A) In addition to being an adult care facility, the facility	107685
is a nursing home licensed under Chapter 3721. of the Revised	107686
Code, a residential facility licensed under that chapter, or both.	107687
In that case, all the individuals in the part or unit licensed as	107688
a nursing home, residential care facility, or both, shall be	107689
considered as one group and all the individuals in the part or	107690
unit licensed as an adult care facility shall be considered as	107691
another group.	107692

(B) The facility maintains, in addition to an adult care	107693
facility, a separate and discrete part or unit that provides	107694
accommodations to individuals who do not receive supervision or	107695
personal care services from the adult care facility, in which case	107696
the individuals in the separate and discrete part or unit shall	107697
not be considered in determining the number of residents in the	107698
adult care facility if the separate and discrete part or unit is	107699
in compliance with the Ohio basic building code established by the	107700
board of building standards under Chapters 3781. and 3791. of the	107701
Revised Code and the adult care facility, to the extent of its	107702
authority, permits the director, on request, to inspect the	107703
separate and discrete part or unit and speak with the individuals	107704
residing there, if they consent, to determine whether the separate	107705
and discrete part or unit meets the requirements of this division.	107706

~~Sec. 3722.022.~~ Sec. 5119.712. A person may not apply for a license	107707
to operate an adult care facility if the person is or has been the	107708
owner or manager of an adult care facility for which a license to	107709
operate was revoked or for which renewal of a license was refused	107710
for any reason other than nonpayment of the license renewal fee,	107711
unless both of the following conditions are met:	107712

(A) A period of not less than two years has elapsed since the	107713
date the director of mental health issued the order revoking or	107714
refusing to renew the facility's license.	107715

(B) The director's revocation or refusal to renew the license	107716
was not based on an act or omission at the facility that violated	107717
a resident's right to be free from abuse, neglect, or	107718
exploitation.	107719

~~Sec. 3722.03.~~ Sec. 5119.72. (A) Any person may operate an adult	107720
family home licensed as an adult care facility as a permitted use	107721
in any residential district or zone, including any single-family	107722
residential district or zone of any political subdivision. Such	107723
adult family homes may be required to comply with area, height,	107724
yard, and architectural compatibility requirements that are	107725
uniformly imposed upon all single-family residences within the	107726
district or zone.	107727

(B) Any person may operate an adult group home licensed as an	107728
adult care facility as a permitted use in any multiple-family	107729
residential district or zone of any political subdivision, except	107730
that a political subdivision that has enacted a zoning ordinance	107731
or resolution establishing planned-unit development districts as	107732
defined in section 519.021 of the Revised Code may exclude adult	107733
group homes from such districts, and a political subdivision that	107734
has enacted a zoning ordinance or resolution may regulate adult	107735
group homes in multiple-family residential districts or zones as a	107736
conditionally permitted use or special exception, in either case,	107737
under reasonable and specific standards and conditions set out in	107738
the zoning ordinance or resolution to:	107739

(1) Require the architectural design and site layout of the	107740
home and the location, nature, and height of any walls, screens,	107741
and fences to be compatible with adjoining land uses and the	107742
residential character of the neighborhood;	107743

(2) Require compliance with yard, parking, and sign	107744
regulation.	107745

(C) This section does not affect any right of a political	107746
subdivision to permit a person to operate an adult group home	107747
licensed under this chapter in a single-family residential	107748
district or zone under conditions established by the political	107749
subdivision.	107750

(D)(1) Notwithstanding divisions (A) and (B) of this section	107751
and except as otherwise provided in division (D)(2) of this	107752
section, a political subdivision that has enacted a zoning	107753
ordinance or resolution may limit the excessive concentration of	107754
adult family homes and adult group homes required to be licensed	107755
as adult care facilities.	107756

(2) Nothing in division (D)(1) of this section authorizes a	107757
political subdivision to prevent or limit the continued existence	107758
and operation of adult family homes and adult group homes existing	107759
and operating on the effective date of this section and required	107760
to be licensed as adult care facilities. A political subdivision	107761
may consider the existence of such homes for the purpose of	107762
limiting the excessive concentration of adult family homes or	107763
adult group homes required to be licensed as adult care facilities	107764
that are not existing and operating on the effective date of this	107765
section.	107766

~~Sec. 3722.04.~~ Sec. 5119.73. (A) The director of mental health	107767
shall inspect, license, and regulate adult care facilities. Except	107768
as otherwise provided in division (D) of this section, the	107769
director shall issue a license to an adult care facility that	107770
meets the requirements of section ~~3722.02~~5119.71 of the Revised	107771
Code and that the director determines to be in substantial	107772
compliance with the rules adopted ~~by the public health council~~	107773
pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of the	107774
Revised Code. The director shall consider the past record of the	107775
owner and manager and any individuals who are principal	107776
participants in an entity that is the owner or manager in	107777
operating facilities providing care to adults. The director may,	107778
in accordance with Chapter 119. of the Revised Code, deny a	107779
license if the past record indicates that the owner or manager is	107780
not suitable to own or manage an adult care facility.	107781

The license shall contain the name and address of the	107782
facility for which it was issued, the date of expiration of the	107783
license, and the maximum number of residents that may be	107784
accommodated by the facility. A license for an adult care facility	107785
shall be valid for a period of two years after the date of	107786
issuance. No single facility may be licensed to operate as more	107787
than one adult care facility.	107788

(B) The director shall renew a license for a two-year period	107789
if the facility continues to be in compliance with the	107790
requirements of this chapter and in substantial compliance with	107791
the rules adopted ~~under this chapter~~pursuant to sections 5119.70	107792
to 5119.88 of the Revised Code. The owner shall submit a	107793
nonrefundable license renewal application fee in an amount	107794
established in rules adopted ~~by the public health council pursuant~~	107795
~~to this chapter~~under section 5119.79 of the Revised Code. Before	107796
the license of an adult group home is renewed, if any alterations	107797
have been made to the buildings, a certificate of occupancy for	107798
the facility shall have been issued by the division of labor in	107799
the department of commerce or a local certified building	107800
department. The facility shall have water and sewage system	107801
approvals, if required by law, and, in the case of an adult group	107802
home, documentation of continued compliance with the rules adopted	107803
by the state fire marshal under division (F) of section 3737.83 of	107804
the Revised Code.	107805

(C)(1) During each licensure period, the director shall make	107806
at least one unannounced inspection of an adult care facility in	107807
addition to inspecting the facility to determine whether a license	107808
should be issued or renewed, and may make additional unannounced	107809
inspections as the director considers necessary. Other inspections	107810
may be made at any time that the director considers appropriate.	107811
Inspections may be conducted as desk audits or on-site	107812
inspections.	107813

The director shall take all reasonable actions to avoid	107814
giving notice of an inspection by the manner in which the	107815
inspection is scheduled or performed.	107816

If an inspection is conducted to investigate an alleged	107817
violation of the requirements of ~~this chapter~~sections 5119.70 to	107818
5119.88 of the Revised Code in a facility with residents referred	107819
by or receiving services from a mental health agency or ADAMHS	107820
board or a facility with residents receiving assistance under the	107821
residential state supplement program administered by the	107822
department of ~~aging~~mental health pursuant to section ~~173.35~~	107823
5119.69 of the Revised Code, the director ~~shall~~may coordinate the	107824
inspection with the appropriate mental health agency, ADAMHS	107825
board, or ~~PASSPORT~~residential state supplement administrative	107826
agency designated under section 5119.69 of the Revised Code. As	107827
~~the director considers appropriate, the~~The director ~~shall~~may	107828
conduct the inspection jointly with the mental health agency,	107829
ADAMHS board, or ~~PASSPORT~~residential state supplement	107830
administrative agency.	107831

Not later than sixty days after the date of an inspection of	107832
a facility, the director shall send a report of the inspection to	107833
the regional long-term care ombudsperson ~~in whose region~~	107834
representing the program in the area in which the facility is	107835
located.	107836

(2) The state fire marshal or fire prevention officer of a	107837
municipal, township, or other legally constituted fire department	107838
approved by the state fire marshal shall inspect an adult group	107839
home seeking a license or renewal ~~under this chapter~~ as an adult	107840
care facility prior to issuance of a license or renewal, at least	107841
once annually thereafter, and at any other time at the request of	107842
the director, to determine compliance with the rules adopted under	107843
division (F) of section 3737.83 of the Revised Code.	107844

(D) The director may waive any of the licensing requirements	107845
established by rule ~~adopted by the public health council~~ pursuant	107846
to ~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code	107847
upon written request of the facility. The director may grant a	107848
waiver if the director determines that the strict application of	107849
the licensing requirement would cause undue hardship to the	107850
facility and that granting the waiver would not jeopardize the	107851
health or safety of any resident. The director may provide a	107852
facility with an informal hearing concerning the denial of a	107853
waiver request, but the facility shall not be entitled to a	107854
hearing under Chapter 119. of the Revised Code unless the director	107855
takes an action that requires a hearing to be held under section	107856
~~3722.05~~5119.74 of the Revised Code.	107857

(E)(1) Not later than thirty days after each of the	107858
following, the owner of an adult care facility shall submit an	107859
inspection fee of twenty dollars for each bed for which the	107860
facility is licensed:	107861

(a) Issuance or renewal of a license;

107862

(b) The unannounced inspection required by division (C)(1) of	107863
this section that is in addition to the inspection conducted to	107864
determine whether a license should be issued or renewed;	107865

(c) If, during an inspection conducted in addition to the two	107866
inspections required by division (C)(1) of this section, the	107867
facility was found to be in violation of ~~this chapter~~sections	107868
5119.70 to 5119.88 of the Revised Code or the rules adopted under	107869
itthose sections, receipt by the facility of the report of that	107870
investigation.	107871

(2) The director may revoke the license of any adult care	107872
facility that fails to submit the fee within the thirty-day	107873
period.	107874

(3) All inspection fees received by the director, all civil	107875
penalties assessed under section ~~3722.08~~5119.77 of the Revised	107876
Code, all fines imposed under section ~~3722.99~~5119.99 of the	107877
Revised Code, and all license application and renewal application	107878
fees received under division (F) of section ~~3722.02~~5119.71 of the	107879
Revised Code or under division (B) of this section ~~shall be~~	107880
~~deposited into the general operations fund created in section~~	107881
~~3701.83 of the Revised Code and~~ shall be used only to pay the	107882
costs of administering and enforcing the requirements of ~~this~~	107883
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and rules	107884
adopted under itthose sections.	107885

(F)(1) An owner shall inform the director in writing of any	107886
changes in the information contained in the statement of ownership	107887
made pursuant to division (C) of section ~~3722.02~~5119.71 of the	107888
Revised Code or in the identity of the manager, not later than ten	107889
days after the change occurs.	107890

(2) An owner who sells or transfers an adult care facility	107891
shall be responsible and liable for the following:	107892

(a) Any civil penalties imposed against the facility under	107893
section ~~3722.08~~5119.77 of the Revised Code for violations that	107894
occur before the date of transfer of ownership or during any	107895
period in which the seller or the seller's agent operates the	107896
facility;	107897

(b) Any outstanding liability to the state, unless the buyer	107898
or transferee has agreed, as a condition of the sale or transfer,	107899
to accept the outstanding liabilities and to guarantee their	107900
payment, except that if the buyer or transferee fails to meet	107901
these obligations the seller or transferor shall remain	107902
responsible for the outstanding liability.	107903

(G) The director shall annually publish a list of licensed	107904
adult care facilities, facilities for which licenses have been	107905
revoked, facilities for which license renewal has been refused,	107906
any facilities under an order suspending admissions pursuant to	107907
section ~~3722.07~~5119.76 of the Revised Code, and any facilities	107908
that have been assessed a civil penalty pursuant to section	107909
~~3722.08~~5119.77 of the Revised Code. The director shall furnish	107910
information concerning the status of licensure of any facility to	107911
any person upon request. The director shall annually send a copy	107912
of the list to the department of job and family services~~, to the~~	107913
~~department of mental health,~~ and to the department of aging.	107914

~~Sec. 3722.041.~~ Sec. 5119.731. (A) Sections 3781.06 to 3781.18 and	107915
3791.04 of the Revised Code do not apply to an adult family home	107916
for which application is made to the director of mental health for	107917
licensure as an adult care facility ~~under this chapter~~. Adult	107918
family homes shall not be required to submit evidence to the	107919
director ~~of health~~ that the home has been inspected by a local	107920
certified building department or the division of labor in the	107921
department of commerce or by the state fire marshal or a fire	107922
prevention officer under section ~~3722.02~~5119.71 of the Revised	107923
Code, but shall be inspected by the director ~~of health~~ to	107924
determine compliance with this section. An inspection made under	107925
this section may be made at the same time as an inspection made	107926
under section ~~3722.04~~5119.73 of the Revised Code.	107927

(B) The director shall not license or renew the license of an	107928
adult family home unless it meets the fire protection standards	107929
established by rules adopted ~~by the public health council pursuant~~	107930
~~to this chapter~~under section 5119.79 of the Revised Code.	107931

~~Sec. 3722.05.~~ Sec. 5119.74. If an adult care facility fails to	107932
comply with any requirement of ~~this chapter~~sections 5119.70 to	107933
5119.88 of the Revised Code or with any rule adopted ~~pursuant to~~	107934
~~this chapter~~under those sections, the director of mental health	107935
may do any one or all of the following:	107936

(A) In accordance with Chapter 119. of the Revised Code,	107937
deny, revoke, or refuse to renew the license of the facility;	107938

(B) Give the facility an opportunity to correct the	107939
violation, in accordance with section ~~3722.06~~5119.75 of the	107940
Revised Code;	107941

(C) Issue an order suspending the admission of residents to	107942
the facility, in accordance with section ~~3722.07~~5119.76 of the	107943
Revised Code;	107944

(D) Impose a civil penalty in accordance with section ~~3722.08~~	107945
5119.77 of the Revised Code;	107946

(E) Petition the court of common pleas for injunctive relief	107947
in accordance with section ~~3722.09~~5119.78 of the Revised Code.	107948

~~Sec. 3722.06.~~ Sec. 5119.75. Except as otherwise provided in	107949
sections ~~3722.07~~5119.76 to ~~3722.09~~5119.78 of the Revised Code	107950
and except in cases of violations that jeopardize the health and	107951
safety of any of the residents, if the director of mental health	107952
determines that a licensed adult care facility is in violation of	107953
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	107954
rules adopted ~~pursuant to this chapter~~under those sections, the	107955
director shall give the facility an opportunity to correct the	107956
violation. The director shall notify the facility of the violation	107957
and specify a reasonable time for making the corrections. Notice	107958
of the violation shall be in writing and shall include a citation	107959
to the statute or rule violated. The director shall state the	107960
action that the director will take if the corrections are not made	107961
within the specified period of time.	107962

The facility shall submit to the director a plan of	107963
correction stating the actions that will be taken to correct the	107964
violation. The director shall conduct an inspection to determine	107965
whether the facility has corrected the violation in accordance	107966
with the plan of correction.	107967

If the director determines that the facility has failed to	107968
correct the violation in accordance with the plan of correction,	107969
the director may impose a penalty under section ~~3722.08~~5119.77 of	107970
the Revised Code. If the director determines that the license of	107971
the facility should be revoked or should not be renewed because	107972
the facility has failed to correct the violation within the time	107973
specified or because the violation jeopardizes the health or	107974
safety of any of the residents, the director shall revoke or	107975
refuse to renew the license in accordance with Chapter 119. of the	107976
Revised Code.	107977

~~Sec. 3722.07.~~ Sec. 5119.76. (A) If the director of mental health	107978
determines that an adult care facility is in violation of ~~this~~	107979
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or of	107980
rules adopted ~~pursuant to it~~under those sections, the director	107981
may immediately issue an order suspending the admission of	107982
residents to the facility. This order shall be effective	107983
immediately without prior hearing, and no resident shall be	107984
admitted to the facility until termination of the order. The	107985
director shall send a copy of the order to each organization known	107986
by the director to have placed residents in the facility and upon	107987
termination of the order shall send written notice of the	107988
termination to each of these organizations. Upon inquiry by any	107989
person about the licensure status of the facility, the director	107990
shall disclose the existence of an order of suspension. If the	107991
director discloses the existence of such an order to any person	107992
pursuant to this division, hethe director shall also notify that	107993
person, and any other person upon inquiry, of any subsequent	107994
termination of the order of suspension. The facility shall post	107995
the notice provided for in division (B) of this section	107996
prominently and shall inform any person who inquires about	107997
residence or placement in the facility of the order.	107998

(B) The director shall give written notice of the order of	107999
suspension to the facility by certified mail, return receipt	108000
requested, or shall provide for delivery of the notice in person.	108001
If requested by the facility in a letter mailed or delivered not	108002
later than two working days after it has received the notice, the	108003
director shall hold a conference with representatives of the	108004
facility concerning the suspension. The conference shall be held	108005
not later than seven days after the director receives the request.	108006

The notice sent by the director shall contain all of the	108007
following:	108008

(1) A description of the violation;

108009

(2) A citation to the statute or rule violated;

108010

(3) A description of the corrections required for termination	108011
of the order of suspension;	108012

(4) Procedures for the facility to follow to request a	108013
conference on the order of suspension.	108014

(C) At the conference the director shall discuss with the	108015
representatives of the facility the violation cited in the notice	108016
provided for in division (B) of this section and shall advise the	108017
representatives in regard to correcting the violations. Not later	108018
than five days after the conference, the director shall issue	108019
another order either upholding or terminating the suspension. If	108020
the director issues an order upholding the suspension, the	108021
facility may request an adjudication hearing pursuant to Chapter	108022
119. of the Revised Code, but the notice and hearing under that	108023
chapter shall be provided after the order is issued, and the	108024
suspension shall remain in effect during the hearing process	108025
unless terminated by the director or until ninety days have	108026
elapsed after a timely request for an adjudication hearing is	108027
received by the director, whichever is sooner.	108028

~~Sec. 3722.08.~~ Sec. 5119.77. (A) If the director of mental health	108029
determines that an adult care facility is in violation of ~~this~~	108030
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code or rules	108031
adopted under itthose sections, the director may impose a civil	108032
penalty on the owner of the facility, pursuant to rules adopted by	108033
~~the public health council~~ under ~~this chapter~~sections 5119.79 and	108034
5119.80 of the Revised Code. The director shall determine the	108035
classification and amount of the penalty by considering the	108036
following factors:	108037

(1) The gravity of the violation, the severity of the actual	108038
or potential harm, and the extent to which the provisions of this	108039
chapter or rules adopted under it were violated;	108040

(2) Actions taken by the owner or manager to correct the	108041
violation;	108042

(3) The number, if any, of previous violations by the adult	108043
care facility.	108044

(B) The director shall give written notice of the order	108045
imposing a civil penalty to the adult care facility by certified	108046
mail, return receipt requested, or shall provide for delivery of	108047
the notice in person. The notice shall specify the classification	108048
of the violation as determined by rules adopted ~~by the public~~	108049
~~health council pursuant to this chapter~~under section 5119.80 of	108050
the Revised Code, the amount of the penalty and the rate of	108051
interest, the action that is required to be taken to correct the	108052
violation, the time within which it is to be corrected as	108053
specified in division (C) of this section, and the procedures for	108054
the facility to follow to request a conference on the order	108055
imposing a civil penalty. If the facility requests a conference in	108056
a letter mailed or delivered not later than two working days after	108057
it has received the notice, the director shall hold a conference	108058
with representatives of the facility concerning the civil penalty.	108059
The conference shall be held not later than seven days after the	108060
director receives the request. The conference shall be conducted	108061
as prescribed in division (C) of section ~~3722.07~~5119.76 of the	108062
Revised Code. If the director issues an order upholding the civil	108063
penalty, the facility may request an adjudication hearing pursuant	108064
to Chapter 119. of the Revised Code, but the order of the director	108065
shall be in effect during proceedings instituted pursuant to that	108066
chapter until a final adjudication is made.	108067

(C) The director shall order that the condition or practice	108068
constituting a class I violation be abated or eliminated within	108069
twenty-four hours or any longer period that the director considers	108070
reasonable. The notice for a class II or a class III violation	108071
shall specify a time within which the violation is required to be	108072
corrected.	108073

(D) If the facility does not request a conference or if,	108074
after a conference, it fails to take action to correct a violation	108075
in the time prescribed by the director, the director shall issue	108076
an order upholding the penalty, plus interest at the rate	108077
specified in section 1343.03 of the Revised Code for each day	108078
beyond the date set for payment of the penalty. The director may	108079
waive the interest payment for the period prior to the conference	108080
if the director concludes that the conference was necessitated by	108081
a legitimate dispute.	108082

(E) The director may cancel or reduce the penalty for a class	108083
I violation if the facility corrects the violation within the time	108084
specified in the notice, except that the director shall impose the	108085
penalty even though the facility has corrected the violation if a	108086
resident suffers physical harm because of the violation or the	108087
facility has been cited previously for the same violation. The	108088
director may cancel the penalty for a class II or class III	108089
violation if the facility corrects the violation within the time	108090
specified in the notice and the facility has not been cited	108091
previously for the same violation. Each day of a violation of any	108092
class, after the date the director sets for abatement or	108093
elimination, constitutes a separate and additional violation.	108094

(F) If an adult care facility fails to pay a penalty imposed	108095
under this section, the director may commence a civil action to	108096
collect the penalty. The license of an adult care facility that	108097
has failed to pay a penalty imposed under this section shall not	108098
be renewed until the penalty has been paid.	108099

(G) If a penalty is imposed under this section, a fine shall	108100
not be imposed under section ~~3722.99~~5119.99 of the Revised Code	108101
for the same violation.	108102

~~Sec. 3722.09.~~ Sec. 5119.78. (A) If the director of mental health	108103
determines that the operation of an adult care facility	108104
jeopardizes the health or safety of any of the residents of the	108105
facility or if the director determines that an adult care facility	108106
is operating without a license, the director may petition the	108107
court of common pleas in the county in which the facility is	108108
located for appropriate injunctive relief against the facility. If	108109
injunctive relief is granted against a facility for operating	108110
without a license and the facility continues to operate without a	108111
license, the director shall refer the case to the attorney general	108112
for further action.	108113

(B) The court petitioned under division (A) of this section	108114
shall grant injunctive relief upon a showing that the operation of	108115
the facility jeopardizes the health or safety of any of the	108116
residents of the facility or that the facility is operating	108117
without a license. When the court grants injunctive relief in the	108118
case of a facility operating without a license, the court shall	108119
issue, at a minimum, an order enjoining the facility from	108120
admitting new residents to the facility and an order requiring the	108121
facility to assist ~~resident rights advocates~~ with the safe and	108122
orderly relocation of the facility's residents.	108123

~~Sec. 3722.10.~~ Sec. 5119.79. (A) The ~~public health council shall~~	108124
~~have the exclusive authority to adopt, and the council~~department	108125
of mental health shall adopt, rules governing the licensing and	108126
operation of adult care facilities. The rules shall be adopted in	108127
accordance with Chapter 119. of the Revised Code ~~and shall~~.	108128
Subject to any provision of sections 5119.70 to 5119.88 of the	108129
Revised Code for which rules are required to be adopted, the rules	108130
may specify ~~all~~any of the following:	108131

(1) Procedures for the issuance, renewal, and revocation of	108132
licenses, for the granting and denial of waivers, and for the	108133
issuance and termination of orders of suspension of admission	108134
pursuant to section ~~3722.07~~5119.76 of the Revised Code;	108135

(2) The qualifications required for owners, managers, and	108136
employees of adult care facilities, including character, training,	108137
education, experience, and financial resources and the number of	108138
staff members required in a facility;	108139

(3) Adequate space, equipment, safety, and sanitation	108140
standards for the premises of adult care facilities, and fire	108141
protection standards for adult family homes as required by section	108142
~~3722.041~~5119.731 of the Revised Code;	108143

(4) The personal, social, dietary, and recreational services	108144
to be provided to each resident of adult care facilities;	108145

(5) Rights of residents of adult care facilities, in addition	108146
to the rights enumerated under section ~~3722.12~~5119.81 of the	108147
Revised Code, and procedures to protect and enforce the rights of	108148
these residents;	108149

(6) Provisions for keeping records of residents and for	108150
maintaining the confidentiality of the records as required by	108151
division (B) of section ~~3722.12~~5119.81 of the Revised Code. The	108152
provisions for maintaining the confidentiality of records shall,	108153
at the minimum, meet the requirements for maintaining the	108154
confidentiality of records under Title XIX of the "Social Security	108155
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations	108156
promulgated thereunder.	108157

(7) Measures to be taken by adult care facilities relative to	108158
residents' medication, including policies and procedures	108159
concerning medication, storage of medication in a locked area, and	108160
disposal of medication and assistance with self-administration of	108161
medication, if the facility provides assistance;	108162

(8) Requirements for initial and periodic health assessments	108163
of prospective and current adult care facility residents by	108164
physicians or other health professionals to ensure that they do	108165
not require a level of care beyond that which is provided by the	108166
adult care facility, including assessment of their capacity to	108167
self-administer the medications prescribed for them;	108168

(9) Requirements relating to preparation of special diets;

108169

(10) The amount of the fees for new and renewal license	108170
applications made pursuant to sections ~~3722.02~~5119.71 and ~~3722.04~~	108171
5119.73 of the Revised Code;	108172

(11) Measures to be taken by any employee of the state or any	108173
political subdivision of the state authorized by this chapter to	108174
enter an adult care facility to inspect the facility or for any	108175
other purpose, to ensure that the employee respects the privacy	108176
and dignity of residents of the facility, cooperates with	108177
residents of the facility and behaves in a congenial manner toward	108178
them, and protects the rights of residents;	108179

(12) How an owner or manager of an adult care facility is to	108180
comply with section ~~3722.18~~5119.88 of the Revised Code. ~~At a~~	108181
~~minimum, the~~The rules ~~shall~~may establish the procedures an owner	108182
or manager is to follow under division (A) of section ~~3722.18~~	108183
5119.88 of the Revised Code regarding referrals to the facility of	108184
prospective residents with mental illness or severe mental	108185
disability and effective arrangements for ongoing mental health	108186
services for such prospective residents. The procedures may	108187
provide for any of the following:	108188

(a) That the owner or manager and the ADAMHS board serving	108189
the alcohol, drug addiction, and mental health service district in	108190
which the facility is located sign a mental health resident	108191
program participation agreement, as developed by the director of	108192
mental health under section ~~5119.613~~5119.614 of the Revised Code;	108193

(b) That the owner or manager comply with the requirements of	108194
its mental health resident program participation agreement;	108195

(c) That the owner or manager and the mental health agencies	108196
and ADAMHS boards that refer such prospective residents to the	108197
facility develop and sign a mental health plan for ongoing mental	108198
health services for each such prospective resident;	108199

(d) Any other process established by the ~~public health~~	108200
~~council in consultation with the director of health and~~ director	108201
of mental health regarding referrals and effective arrangements	108202
for ongoing mental health services for prospective residents with	108203
mental illness.	108204

(13) Any other rules necessary for the administration and	108205
enforcement of ~~this chapter~~sections 5119.70 to 5119.88 of the	108206
Revised Code.	108207

(B) ~~After consulting with relevant constituencies, the~~	108208
~~director of mental health shall prepare and submit to the director~~	108209
~~of health recommendations for the content of rules to be adopted~~	108210
~~under division (A)(12) of this section.~~	108211

~~(C)~~ The director of mental health shall advise adult care	108212
facilities regarding compliance with the requirements of ~~this~~	108213
~~chapter~~sections 5119.70 to 5119.88 of the Revised Code and with	108214
the rules adopted pursuant to ~~this chapter~~those sections.	108215

~~(D)~~(C) Any duty or responsibility imposed upon the director	108216
of mental health by this chapter may be carried out by ~~an employee~~	108217
~~of the department of health~~persons designated by the director.	108218

~~(E)~~(D) Employees of the department of mental health may	108219
enter, for the purposes of investigation, any institution,	108220
residence, facility, or other structure which has been reported to	108221
the department as, or that the department has reasonable cause to	108222
believe is, operating as an adult care facility without a valid	108223
license.	108224

~~Sec. 3722.11.~~ Sec. 5119.80. The ~~public health council~~department	108225
of mental health shall~~, not later than twelve months after the~~	108226
~~effective date of this section,~~ adopt rules under Chapter 119. of	108227
the Revised Code that set guidelines for classifying violations of	108228
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code or	108229
rules adopted under itthose sections for the purpose of imposing	108230
civil penalties. The rules shall establish the following	108231
classifications:	108232

(A) Class I violations are conditions or occurrences that	108233
present an immediate and serious threat to the physical or	108234
emotional health, safety, or security of residents of an adult	108235
care facility. Whoever is determined to have committed a class I	108236
violation is subject to a civil penalty of not less than seven	108237
hundred dollars nor more than one thousand dollars for each	108238
violation.	108239

(B) Class II violations are conditions or occurrences, other	108240
than class I violations, that directly threaten the physical or	108241
emotional health, safety, or security of residents of an adult	108242
care facility. Whoever is determined to have committed a class II	108243
violation is subject to a civil penalty of not less than five	108244
hundred dollars nor more than seven hundred dollars for each	108245
violation.	108246

(C) Class III violations are conditions or occurrences, other	108247
than class I or class II violations, that indirectly or	108248
potentially threaten the physical or emotional health, safety, or	108249
security of residents of a facility. Whoever is determined to have	108250
committed a class III violation is subject to a civil penalty of	108251
not less than one hundred dollars nor more than five hundred	108252
dollars for each violation.	108253

~~Sec. 3722.12.~~ Sec. 5119.81. (A) As used in this section:

108254

(1) "Abuse" means the unreasonable confinement or	108255
intimidation of a resident, or the infliction of injury or cruel	108256
punishment upon a resident, resulting in physical harm, pain, or	108257
mental anguish.	108258

(2) "Exploitation" means the unlawful or improper utilization	108259
of an adult resident or ~~his~~the resident's resources for personal	108260
or monetary benefit, profit, or gain.	108261

(3) "Mechanical restraint" means any method of restricting a	108262
resident's freedom of movement, physical activity, or normal use	108263
of the resident's body, using an appliance or device manufactured	108264
for this purpose.	108265

(4) "Neglect" means failure to provide a resident with the	108266
goods or services necessary to prevent physical harm, mental	108267
anguish, or mental illness.	108268

~~(4)~~(5) "Physical restraint," ~~includes, but is not limited to,~~	108269
~~the locked door of a room or any article, device, or garment that~~	108270
~~interferes with the free movement of the resident and that he is~~	108271
~~unable to remove easily~~ also known as "manual restraint," means	108272
any method of physically restricting a resident's freedom of	108273
movement, physical activity, or normal use of the resident's body	108274
without the use of a mechanical restraint.	108275

(6) "Seclusion" means the involuntary confinement of a	108276
resident alone in a room in which the resident is physically	108277
prevented from leaving.	108278

(B) The rights of a resident of an adult care facility	108279
include all of the following:	108280

(1) The right to a safe, healthy, clean, and decent living	108281
environment;	108282

(2) The right to be treated at all times with courtesy and	108283
respect, and with full recognition of personal dignity and	108284
individuality;	108285

(3) The right to practice a religion of ~~his~~the resident's	108286
choice or to abstain from the practice of religion;	108287

(4) The right to manage personal financial affairs;

108288

(5) The right to retain and use personal clothing;

108289

(6) The right to ownership and reasonable use of personal	108290
property so as to maintain personal dignity and individuality;	108291

(7) The right to participate in activities within the	108292
facility and to use the common areas of the facility;	108293

(8) The right to engage in or refrain from engaging in	108294
activities of ~~his~~the resident's own choosing within reason;	108295

(9) The right to private and unrestricted communications,	108296
including:	108297

(a) The right to receive, send, and mail sealed, unopened	108298
correspondence;	108299

(b) The right to reasonable access to a telephone for private	108300
communications;	108301

108302

(10) The right to initiate and maintain contact with the	108303
community, including the right to participate in the activities of	108304
community groups at ~~his~~the resident's initiative or at the	108305
initiative of community groups;	108306

(11) The right to state grievances to the owner or the	108307
manager of the facility, to any governmental agency, or to any	108308
other person without reprisal;	108309

(12) Prior to becoming a resident, the right to visit the	108310
facility alone or with ~~his~~the prospective resident's sponsor;	108311

(13) The right to retain the services of any health or social	108312
services practitioner at ~~his~~the resident's own expense;	108313

(14) The right to refuse medical treatment or services, or if	108314
the resident has been adjudicated incompetent pursuant to Chapter	108315
2111. of the Revised Code and has not been restored to legal	108316
capacity, the right to have ~~his~~the resident's legal guardian make	108317
decisions about medical treatment and services for ~~him~~the	108318
resident;	108319

(15) The right to be free from abuse, neglect, or	108320
exploitation;	108321

(16) The right to be free from seclusion and mechanical and	108322
physical restraints;	108323

(17) The right not to be deprived of any legal rights solely	108324
by reason of residence in an adult care facility;	108325

(18) The right to examine records maintained by the adult	108326
care facility concerning ~~him~~the resident, upon request;	108327

(19) The right to confidential treatment of ~~his~~the	108328
resident's personal records, and the right to approve or refuse	108329
the release of these records to any individual outside the	108330
facility, except upon transfer to another adult care facility or a	108331
nursing home, residential care facility, home for the aging,	108332
hospital, or other health care facility or provider, and except as	108333
required by law or rule or as required by a third-party payment	108334
contract;	108335

(20) The right to be informed in writing of the rates charged	108336
by the facility as well as any additional charges, and to receive	108337
thirty days notice in writing of any change in the rates and	108338
charges;	108339

(21) The right to have any significant change in ~~his~~the	108340
resident's health reported to ~~his~~the resident's sponsor;	108341

(22) The right to share a room with a spouse if both are	108342
residents of the facility.	108343

(C) A sponsor,or the director of mental health~~, the director~~	108344
~~of aging, or a residents' rights advocate registered under section~~	108345
~~3701.07 of the Revised Code~~ may assert on behalf of a resident any	108346
of the rights enumerated under this section, section ~~3722.14~~	108347
5119.83 of the Revised Code, or rules adopted ~~by the public health~~	108348
~~council~~ pursuant to ~~this chapter~~sections 5119.70 to 5119.88 of	108349
the Revised Code. Any attempted waiver of these rights is void. No	108350
adult care facility or person associated with an adult care	108351
facility shall deny a resident any of these rights.	108352

(D) Any resident whose rights under this section or section	108353
~~3722.13~~5119.82 or ~~3722.14~~5119.83 of the Revised Code are	108354
violated has a cause of action against any person or facility	108355
committing the violation. ~~The action may be commenced by the~~	108356
~~resident or by his sponsor on his behalf.~~ The court may award	108357
actual and punitive damages for violation of the rights. The court	108358
may award to the prevailing party reasonable attorney's fees	108359
limited to the work reasonably performed.	108360

~~Sec. 3722.13.~~ Sec. 5119.82. (A) Each adult care facility shall	108361
establish a written residents' rights policy containing the text	108362
of sections ~~3722.12~~5119.81 and ~~3722.14~~5119.83 of the Revised	108363
Code and rules adopted by the ~~public health council~~ pursuant to	108364
~~this chapter~~sections 5119.70 to 5119.88 of the Revised Code, a	108365
discussion of the rights and responsibilities of residents under	108366
~~that section~~sections 5119.81 to 5119.83 of the Revised Code, and	108367
the text of any additional rule for residents promulgated by the	108368
facility. At the time of admission the manager shall give a copy	108369
of the residents' rights policy to the resident and the resident's	108370
sponsor, if any, and explain the contents of the policy to them.	108371
The facility shall establish procedures for facilitating the	108372
residents' exercise of their rights.	108373

(B) Each adult care facility shall post prominently within	108374
the facility a copy of the residents' rights listed in division	108375
(B) of section ~~3722.12~~5119.81 of the Revised Code and any	108376
additional residents' rights established by rules adopted ~~by the~~	108377
~~public health council~~ pursuant to ~~this chapter~~sections 5119.70 to	108378
5119.88 of the Revised Code, the addresses and telephone numbers	108379
of the state long-term care ombudsperson and the regional	108380
long-term care ombudsperson program for the area in which the	108381
facility is located, and the telephone number maintained by the	108382
department ~~of health~~ for accepting complaints.	108383

~~Sec. 3722.14.~~ Sec. 5119.83. (A)(1) Except as provided in division	108384
(A)(2) of this section, an adult care facility may transfer or	108385
discharge a resident, in the absence of a request from the	108386
resident, only for the following reasons:	108387

(a) Charges for the resident's accommodations and services	108388
have not been paid within thirty days after the date on which they	108389
became due;	108390

(b) The mental, emotional, or physical condition of the	108391
resident requires a level of care that the facility is unable to	108392
provide;	108393

(c) The health, safety, or welfare of the resident or of	108394
another resident requires a transfer or discharge;	108395

(d) The facility's license has been revoked or renewal has	108396
been denied ~~pursuant to this chapter~~by the director of mental	108397
health;	108398

(e) The owner closes the facility;

108399

(f) The resident is relocated as the result of a court's	108400
order issued under section ~~3722.09~~5119.78 of the Revised Code as	108401
part of the injunctive relief granted against a facility that is	108402
operating without a license;	108403

(g) The resident is receiving publicly funded mental health	108404
services and the facility's mental health resident program	108405
participation agreement is terminated by the facility or ADAMHS	108406
board.	108407

(2) An adult family home may transfer or discharge a resident	108408
if transfer or discharge is required for the health, safety, or	108409
welfare of an individual who resides in the home but is not a	108410
resident for whom supervision or personal services are provided.	108411

(B)(1) The facility shall give a resident thirty days'	108412
advance notice, in writing, of a proposed transfer or discharge,	108413
except that if the transfer or discharge is for a reason given in	108414
divisions (A)(1)(b) to (g) or (A)(2) of this section and an	108415
emergency exists, the notice need not be given thirty days in	108416
advance. The facility shall state in the written notice the	108417
reasons for the proposed transfer or discharge. If the resident is	108418
entitled to a hearing as specified in division (B)(2) of this	108419
section, the written notice shall outline the procedure for the	108420
resident to follow in requesting a hearing.	108421

(2) A resident may request a hearing if a proposed transfer	108422
or discharge is based on reason given in ~~division~~divisions	108423
(A)(1)(a) to (c) or (A)(2) of this section. If the resident seeks	108424
a hearing, the resident shall submit a request to the director of	108425
mental health not later than ten days after receiving the written	108426
notice. The director shall hold the hearing not later than ten	108427
days after receiving the request. A representative of the director	108428
shall preside over the hearing and shall issue a written	108429
recommendation of action to be taken by the director not later	108430
than three days after the hearing. The director shall issue an	108431
order regarding the transfer or discharge not later than two days	108432
after receipt of the recommendation. The order may prohibit or	108433
place conditions on the discharge or transfer. In the case of a	108434
transfer, the order may require that the transfer be to an	108435
institution or facility specified by the director. The hearing is	108436
not subject to section 121.22 of the Revised Code. The ~~public~~	108437
~~health council~~department of mental health shall adopt rules	108438
governing any additional procedures necessary for conducting the	108439
hearing.	108440

(C)(1) The owner of an adult care facility who is closing the	108441
facility shall inform the director ~~of health~~ in writing at least	108442
thirty days prior to the proposed date of closing. At the same	108443
time, the owner or manager shall inform each resident, the	108444
resident's guardian, the resident's sponsor, or any organization	108445
or agency acting on behalf of the resident, of the closing of the	108446
facility and the date of the closing.	108447

(2) Immediately upon receiving notice that a facility is to	108448
be closed, the director shall monitor the transfer of residents to	108449
other facilities and ensure that residents' rights are protected.	108450
The director shall notify the ombudsperson in the region in which	108451
the facility is located of the closing.	108452

(3) All charges shall be prorated as of the date on which the	108453
facility closes. If payments have been made in advance, the	108454
payments for services not rendered shall be refunded to the	108455
resident or the resident's guardian not later than seven days	108456
after the closing of the facility.	108457

(4) Immediately upon the closing of a facility, the owner	108458
shall surrender the license to the director, and the license shall	108459
be canceled.	108460

~~Sec. 3722.15.~~ Sec. 5119.84. (A) The following may enter an adult	108461
care facility at any time:	108462

(1) Employees designated by the director of mental health;

108463

(2) Employees designated by the director of aging;

108464

(3) Employees designated by the attorney general;

108465

(4) Employees designated by a county department of job and	108466
family services to implement sections 5101.60 to 5101.71 of the	108467
Revised Code;	108468

(5) Persons employed pursuant to division (M) of section	108469
173.01 of the Revised Code in the long-term care ombudsperson	108470
program;	108471

(6) ~~Employees of the department of mental health designated~~	108472
~~by the director of mental health;~~	108473

~~(7)~~ Employees of a mental health agency under any of the	108474
following circumstances:	108475

(a) When the agency has a client residing in the facility;

108476

(b) When the agency is acting as an agent of an ADAMHS board	108477
other than the board with which it is under contract;	108478

(c) When there is a mental health resident program	108479
participation agreement between the facility and the ADAMHS board	108480
with which the agency is under contract.	108481

~~(8)~~(7) Employees of an ADAMHS board under any of the	108482
following circumstances:	108483

(a) When authorized by section 340.05 of the Revised Code;

108484

(b) When a resident of the facility is receiving mental	108485
health services provided by that ADAMHS board or another ADAMHS	108486
board pursuant to division (A)~~(8)~~(7)(b) of section 340.03 of the	108487
Revised Code;	108488

(c) When a resident of the facility is receiving services	108489
from a mental health agency under contract with that ADAMHS board	108490
or another ADAMHS board;	108491

(d) When there is a mental health resident program	108492
participation agreement between the facility and that ADAMHS	108493
board.	108494

The employees specified in divisions (A)(1) to ~~(8)~~(7) of this	108495
section shall be afforded access to all records of the facility,	108496
including records pertaining to residents, and may copy the	108497
records. Neither these employees nor the director of mental health	108498
shall release, without consent, any information obtained from the	108499
records of an adult care facility that reasonably would tend to	108500
identify a specific resident of the facility, except as ordered by	108501
a court of competent jurisdiction or when the release is otherwise	108502
authorized by law.	108503

(B) The following persons may enter any adult care facility	108504
during reasonable hours:	108505

(1) ~~A resident's sponsor;~~

108506

~~(2) Residents' rights advocates;~~

108507

~~(3)~~ A resident's attorney;

108508

~~(4)~~(2) A minister, priest, rabbi, or other person ministering	108509
to a resident's religious needs;	108510

~~(5)~~(3) A physician or other person providing health care	108511
services to a resident;	108512

~~(6)~~(4) Employees authorized by county departments of job and	108513
family services and local boards of health or health departments	108514
to enter adult care facilities;	108515

~~(7)~~(5) A prospective resident ~~and prospective resident's~~	108516
~~sponsor~~.	108517

(C) The manager of an adult care facility may require a	108518
person seeking to enter the facility to present identification	108519
sufficient to identify the person as an authorized person under	108520
this section.	108521

~~Sec. 3722.151.~~ Sec. 5119.85. (A) As used in this section:

108522

(1) "Adult ~~care facility" has the same meaning as in section~~	108523
~~3722.01 of the Revised Code~~resident" means an individual residing	108524
in an adult care facility licensed by the department of mental	108525
health.	108526

(2) "Applicant" means a person who is under final	108527
consideration for employment with an adult care facility in a	108528
full-time, part-time, or temporary position that involves	108529
providing direct care to an ~~older~~ adult resident. "Applicant" does	108530
not include a person who provides direct care as a volunteer	108531
without receiving or expecting to receive any form of remuneration	108532
other than reimbursement for actual expenses.	108533

(3) "Criminal records check" ~~and "older adult" have~~has the	108534
same ~~meanings~~meaning as in section 109.572 of the Revised Code.	108535

(B)(1) Except as provided in division (I) of this section,	108536
the chief administrator of an adult care facility shall request	108537
that the superintendent of the bureau of criminal identification	108538
and investigation conduct a criminal records check with respect to	108539
each applicant. If an applicant for whom a criminal records check	108540
request is required under this division does not present proof of	108541
having been a resident of this state for the five-year period	108542
immediately prior to the date the criminal records check is	108543
requested or provide evidence that within that five-year period	108544
the superintendent has requested information about the applicant	108545
from the federal bureau of investigation in a criminal records	108546
check, the chief administrator shall request that the	108547
superintendent obtain information from the federal bureau of	108548
investigation as part of the criminal records check of the	108549
applicant. Even if an applicant for whom a criminal records check	108550
request is required under this division presents proof of having	108551
been a resident of this state for the five-year period, the chief	108552
administrator may request that the superintendent include	108553
information from the federal bureau of investigation in the	108554
criminal records check.	108555

(2) A person required by division (B)(1) of this section to	108556
request a criminal records check shall do both of the following:	108557

(a) Provide to each applicant for whom a criminal records	108558
check request is required under that division a copy of the form	108559
prescribed pursuant to division (C)(1) of section 109.572 of the	108560
Revised Code and a standard fingerprint impression sheet	108561
prescribed pursuant to division (C)(2) of that section, and obtain	108562
the completed form and impression sheet from the applicant;	108563

(b) Forward the completed form and impression sheet to the	108564
superintendent of the bureau of criminal identification and	108565
investigation.	108566

(3) An applicant provided the form and fingerprint impression	108567
sheet under division (B)(2)(a) of this section who fails to	108568
complete the form or provide fingerprint impressions shall not be	108569
employed in any position for which a criminal records check is	108570
required by this section.	108571

(C)(1) Except as provided in rules adopted by the ~~public~~	108572
~~health council~~department of mental health in accordance with	108573
division (F) of this section and subject to division (C)(2) of	108574
this section, no adult care facility shall employ a person in a	108575
position that involves providing direct care to an ~~older~~ adult	108576
resident if the person has been convicted of or pleaded guilty to	108577
any of the following:	108578

(a) A violation of section 2903.01, 2903.02, 2903.03,	108579
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	108580
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	108581
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	108582
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	108583
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	108584
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	108585
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	108586
2925.22, 2925.23, or 3716.11 of the Revised Code.	108587

(b) A violation of an existing or former law of this state,	108588
any other state, or the United States that is substantially	108589
equivalent to any of the offenses listed in division (C)(1)(a) of	108590
this section.	108591

(2)(a) An adult care facility may employ conditionally an	108592
applicant for whom a criminal records check request is required	108593
under division (B) of this section prior to obtaining the results	108594
of a criminal records check regarding the individual, provided	108595
that the facility shall request a criminal records check regarding	108596
the individual in accordance with division (B)(1) of this section	108597
not later than five business days after the individual begins	108598
conditional employment. In the circumstances described in division	108599
(I)(2) of this section, an adult care facility may employ	108600
conditionally an applicant who has been referred to the adult care	108601
facility by an employment service that supplies full-time,	108602
part-time, or temporary staff for positions involving the direct	108603
care of ~~older adults~~adult residents and for whom, pursuant to	108604
that division, a criminal records check is not required under	108605
division (B) of this section.	108606

(b) An adult care facility that employs an individual	108607
conditionally under authority of division (C)(2)(a) of this	108608
section shall terminate the individual's employment if the results	108609
of the criminal records check requested under division (B) of this	108610
section or described in division (I)(2) of this section, other	108611
than the results of any request for information from the federal	108612
bureau of investigation, are not obtained within the period ending	108613
thirty days after the date the request is made. Regardless of when	108614
the results of the criminal records check are obtained, if the	108615
results indicate that the individual has been convicted of or	108616
pleaded guilty to any of the offenses listed or described in	108617
division (C)(1) of this section, the facility shall terminate the	108618
individual's employment unless the facility chooses to employ the	108619
individual pursuant to division (F) of this section. Termination	108620
of employment under this division shall be considered just cause	108621
for discharge for purposes of division (D)(2) of section 4141.29	108622
of the Revised Code if the individual makes any attempt to deceive	108623
the facility about the individual's criminal record.	108624

(D)(1) Each adult care facility shall pay to the bureau of	108625
criminal identification and investigation the fee prescribed	108626
pursuant to division (C)(3) of section 109.572 of the Revised Code	108627
for each criminal records check conducted pursuant to a request	108628
made under division (B) of this section.	108629

(2) An adult care facility may charge an applicant a fee not	108630
exceeding the amount the facility pays under division (D)(1) of	108631
this section. A facility may collect a fee only if it notifies the	108632
person at the time of initial application for employment of the	108633
amount of the fee and that, unless the fee is paid, the person	108634
will not be considered for employment.	108635

(E) The report of any criminal records check conducted	108636
pursuant to a request made under this section is not a public	108637
record for the purposes of section 149.43 of the Revised Code and	108638
shall not be made available to any person other than the	108639
following:	108640

(1) The individual who is the subject of the criminal records	108641
check or the individual's representative;	108642

(2) The chief administrator of the facility requesting the	108643
criminal records check or the administrator's representative;	108644

(3) The administrator of any other facility, agency, or	108645
program that provides direct care to ~~older adults~~adult residents	108646
that is owned or operated by the same entity that owns or operates	108647
the adult care facility;	108648

(4) A court, hearing officer, or other necessary individual	108649
involved in a case dealing with a denial of employment of the	108650
applicant or dealing with employment or unemployment benefits of	108651
the applicant;	108652

(5) Any person to whom the report is provided pursuant to,	108653
and in accordance with, division (I)(1) or (2) of this section.	108654

(F) The ~~public health council shall~~department may adopt	108655
rules in accordance with Chapter 119. of the Revised Code to	108656
implement this section. The rules ~~shall~~may specify circumstances	108657
under which an adult care facility may employ a person who has	108658
been convicted of or pleaded guilty to an offense listed or	108659
described in division (C)(1) of this section but meets personal	108660
character standards set by the council.	108661

(G) The chief administrator of an adult care facility shall	108662
inform each individual, at the time of initial application for a	108663
position that involves providing direct care to an ~~older~~ adult	108664
resident, that the individual is required to provide a set of	108665
fingerprint impressions and that a criminal records check is	108666
required to be conducted if the individual comes under final	108667
consideration for employment.	108668

(H) In a tort or other civil action for damages that is	108669
brought as the result of an injury, death, or loss to person or	108670
property caused by an individual who an adult care facility	108671
employs in a position that involves providing direct care to ~~older~~	108672
~~adults~~adult residents, all of the following shall apply:	108673

(1) If the facility employed the individual in good faith and	108674
reasonable reliance on the report of a criminal records check	108675
requested under this section, the facility shall not be found	108676
negligent solely because of its reliance on the report, even if	108677
the information in the report is determined later to have been	108678
incomplete or inaccurate;	108679

(2) If the facility employed the individual in good faith on	108680
a conditional basis pursuant to division (C)(2) of this section,	108681
the facility shall not be found negligent solely because it	108682
employed the individual prior to receiving the report of a	108683
criminal records check requested under this section;	108684

(3) If the facility in good faith employed the individual	108685
according to the personal character standards established in rules	108686
adopted under division (F) of this section, the facility shall not	108687
be found negligent solely because the individual prior to being	108688
employed had been convicted of or pleaded guilty to an offense	108689
listed or described in division (C)(1) of this section.	108690

(I)(1) The chief administrator of an adult care facility is	108691
not required to request that the superintendent of the bureau of	108692
criminal identification and investigation conduct a criminal	108693
records check of an applicant if the applicant has been referred	108694
to the facility by an employment service that supplies full-time,	108695
part-time, or temporary staff for positions involving the direct	108696
care of ~~older adults~~adult residents and both of the following	108697
apply:	108698

(a) The chief administrator receives from the employment	108699
service or the applicant a report of the results of a criminal	108700
records check regarding the applicant that has been conducted by	108701
the superintendent within the one-year period immediately	108702
preceding the applicant's referral;	108703

(b) The report of the criminal records check demonstrates	108704
that the person has not been convicted of or pleaded guilty to an	108705
offense listed or described in division (C)(1) of this section, or	108706
the report demonstrates that the person has been convicted of or	108707
pleaded guilty to one or more of those offenses, but the adult	108708
care facility chooses to employ the individual pursuant to	108709
division (F) of this section.	108710

(2) The chief administrator of an adult care facility is not	108711
required to request that the superintendent of the bureau of	108712
criminal identification and investigation conduct a criminal	108713
records check of an applicant and may employ the applicant	108714
conditionally as described in this division, if the applicant has	108715
been referred to the facility by an employment service that	108716
supplies full-time, part-time, or temporary staff for positions	108717
involving the direct care of ~~older adults~~adult residents and if	108718
the chief administrator receives from the employment service or	108719
the applicant a letter from the employment service that is on the	108720
letterhead of the employment service, dated, and signed by a	108721
supervisor or another designated official of the employment	108722
service and that states that the employment service has requested	108723
the superintendent to conduct a criminal records check regarding	108724
the applicant, that the requested criminal records check will	108725
include a determination of whether the applicant has been	108726
convicted of or pleaded guilty to any offense listed or described	108727
in division (C)(1) of this section, that, as of the date set forth	108728
on the letter, the employment service had not received the results	108729
of the criminal records check, and that, when the employment	108730
service receives the results of the criminal records check, it	108731
promptly will send a copy of the results to the adult care	108732
facility. If an adult care facility employs an applicant	108733
conditionally in accordance with this division, the employment	108734
service, upon its receipt of the results of the criminal records	108735
check, promptly shall send a copy of the results to the adult care	108736
facility, and division (C)(2)(b) of this section applies regarding	108737
the conditional employment.	108738

~~Sec. 3722.16.~~ Sec. 5119.86. (A) No person shall:

108739

(1) Operate an adult care facility unless the facility is	108740
validly licensed by the director of mental health under section	108741
~~3722.04~~5119.73 of the Revised Code;	108742

(2) Admit to an adult care facility more residents than the	108743
number authorized in the facility's license;	108744

(3) Admit a resident to an adult care facility after the	108745
director has issued an order pursuant to section ~~3722.07~~5119.76	108746
of the Revised Code suspending admissions to the facility.	108747
Violation of division (A)(3) of this section is cause for	108748
revocation of the facility's license.	108749

(4) Interfere with any authorized inspection of an adult care	108750
facility conducted pursuant to section ~~3722.02~~5119.71 or ~~3722.04~~	108751
5119.73 of the Revised Code;	108752

(5) Admit to an adult care facility a resident requiring	108753
publicly funded mental health services, unless both of the	108754
following conditions are met:	108755

(a) The ADAMHS board serving the alcohol, drug addiction, and	108756
mental health service district in which the facility is located is	108757
notified;	108758

(b) The facility and ADAMHS board have entered into a mental	108759
health resident program participation agreement by using the	108760
standardized form approved by the director of mental health under	108761
section ~~5119.613~~5119.614 of the Revised Code.	108762

(6) Violate any of the provisions of ~~this chapter~~sections	108763
5119.70 to 5119.88 of the Revised Code or any of the rules adopted	108764
pursuant to itthose sections.	108765

(B) No adult care facility shall provide, or admit or retain	108766
any resident in need of, skilled nursing care unless all of the	108767
following conditions are met:	108768

(1) The care will be provided on a part-time, intermittent	108769
basis for not more than a total of one hundred twenty days in any	108770
twelve-month period.	108771

(2) The care will be provided by one or more of the	108772
following:	108773

(a) A home health agency certified under Title XVIII of the	108774
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	108775
amended;	108776

(b) A hospice care program licensed under Chapter 3712. of	108777
the Revised Code;	108778

(c) A nursing home licensed under Chapter 3721. of the	108779
Revised Code and owned and operated by the same person and located	108780
on the same site as the adult care facility;	108781

(d) A mental health agency or, pursuant to division	108782
(A)~~(8)~~(7)(b) of section 340.03 of the Revised Code, an ADAMHS	108783
board.	108784

(3) Each individual employed by, under contract with, or	108785
otherwise used by any of the entities specified in division (B)(2)	108786
of this section to perform the skilled nursing care is authorized	108787
under the laws of this state to perform the care by being	108788
appropriately licensed, as specified in rules adopted under	108789
division (G) of this section.	108790

(4) The staff of the one or more entities providing the	108791
skilled nursing care does not train the adult care facility staff	108792
to provide the skilled nursing care;	108793

(5) The individual to whom the skilled nursing care is	108794
provided is suffering from a short-term illness;	108795

(6) If the skilled nursing care is to be provided by the	108796
nursing staff of a nursing home, all of the following are the	108797
case:	108798

(a) The adult care facility evaluates the individual	108799
receiving the skilled nursing care at least once every seven days	108800
to determine whether the individual should be transferred to a	108801
nursing home;	108802

(b) The adult care facility meets at all times staffing	108803
requirements established by rules adopted under section ~~3722.10~~	108804
5119.79 of the Revised Code;	108805

(c) The nursing home does not include the cost of providing	108806
skilled nursing care to the adult care facility residents in a	108807
cost report filed under section 5111.26 of the Revised Code;	108808

(d) The nursing home meets at all times the nursing home	108809
licensure staffing ratios established by rules adopted under	108810
section 3721.04 of the Revised Code;	108811

(e) The nursing home staff providing skilled nursing care to	108812
adult care facility residents are registered nurses or licensed	108813
practical nurses licensed under Chapter 4723. of the Revised Code	108814
and meet the personnel qualifications for nursing home staff	108815
established by rules adopted under section 3721.04 of the Revised	108816
Code;	108817

(f) The skilled nursing care is provided in accordance with	108818
rules established for nursing homes under section 3721.04 of the	108819
Revised Code;	108820

(g) The nursing home meets the skilled nursing care needs of	108821
the adult care facility residents;	108822

(h) Using the nursing home's nursing staff does not prevent	108823
the nursing home or adult care facility from meeting the needs of	108824
the nursing home and adult care facility residents in a quality	108825
and timely manner.	108826

(7) No adult care facility staff shall provide skilled	108827
nursing care.	108828

Notwithstanding section 3721.01 of the Revised Code, an adult	108829
care facility in which residents receive skilled nursing care as	108830
described in division (B) of this section is not a nursing home.	108831

(C) A home health agency or hospice care program that	108832
provides skilled nursing care pursuant to division (B) of this	108833
section may not be associated with the adult care facility unless	108834
the facility is part of a home for the aged as defined in section	108835
5701.13 of the Revised Code or the adult care facility is owned	108836
and operated by the same person and located on the same site as a	108837
nursing home licensed under Chapter 3721. of the Revised Code that	108838
is associated with the home health agency or hospice care program.	108839
In addition, the following requirements shall be met:	108840

(1) The adult care facility shall evaluate the individual	108841
receiving the skilled nursing care not less than once every seven	108842
days to determine whether the individual should be transferred to	108843
a nursing home;	108844

(2) If the costs of providing the skilled nursing care are	108845
included in a cost report filed pursuant to section 5111.26 of the	108846
Revised Code by the nursing home that is part of the same home for	108847
the aged, the home health agency or hospice care program shall not	108848
seek reimbursement for the care under the medical assistance	108849
program established under Chapter 5111. of the Revised Code.	108850

(D) No person knowingly shall place or recommend placement of	108851
any person in an adult care facility that is operating without a	108852
license.	108853

(E) No employee of a unit of local or state government,	108854
ADAMHS board, mental health agency, or ~~PASSPORT~~RSS administrative	108855
agency shall place or recommend placement of any person in an	108856
adult care facility if the employee knows any of the following:	108857

(1) That the facility cannot meet the needs of the potential	108858
resident;	108859

(2) That placement of the resident would cause the facility	108860
to exceed its licensed capacity;	108861

(3) That an enforcement action initiated by the director of	108862
mental health is pending and may result in the revocation of or	108863
refusal to renew the facility's license;	108864

(4) That the potential resident is receiving or is eligible	108865
for publicly funded mental health services and the facility has	108866
not entered into a mental health resident program participation	108867
agreement.	108868

(F) No person who has reason to believe that an adult care	108869
facility is operating without a license shall fail to report this	108870
information to the director of mental health.	108871

(G) In accordance with Chapter 119. of the Revised Code, the	108872
~~public health council~~department of mental health shall adopt	108873
rules for purposes of division (B) of this section that do all of	108874
the following:	108875

(1) Define a short-term illness for purposes of division	108876
(B)(5) of this section;	108877

(2) Specify, consistent with rules pertaining to home health	108878
care adopted by the director of job and family services under the	108879
medical assistance program established under Chapter 5111. of the	108880
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	108881
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	108882
part-time, intermittent basis for purposes of division (B)(1) of	108883
this section;	108884

(3) Specify what constitutes being appropriately licensed for	108885
purposes of division (B)(3) of this section.	108886

~~Sec. 3722.17.~~ Sec. 5119.87. (A) Any person who believes that an	108887
adult care facility is in violation of ~~this chapter~~sections	108888
5119.70 to 5119.88 of the Revised Code or of any of the rules	108889
~~promulgated~~adopted pursuant to itthose sections may report the	108890
information to the director of mental health. The director shall	108891
investigate each report made under this section or section ~~3722.16~~	108892
5119.86 of the Revised Code and shall inform the facility of the	108893
results of the investigation. When investigating a report made	108894
pursuant to section 340.05 of the Revised Code, the director shall	108895
consult with the ADAMHS board that made the report. The director	108896
shall keep a record of the investigation and the action taken as a	108897
result of the investigation.	108898

The director shall not reveal, without consent, the identity	108899
of a person who makes a report under this section or division (G)	108900
of section ~~3722.16~~5119.86 of the Revised Code, the identity of a	108901
specific resident or residents referred to in such a report, or	108902
any other information that could reasonably be expected to reveal	108903
the identity of the person making the report or the resident or	108904
residents referred to in the report, except that the director may	108905
provide this information to a government agency responsible for	108906
enforcing laws applying to adult care facilities.	108907

(B) Any person who believes that a resident's rights under	108908
sections ~~3722.12~~5119.81 to ~~3722.15~~5119.84 of the Revised Code	108909
have been violated may report the information to the state	108910
long-term care ombudsperson, the regional long-term care	108911
ombudsperson program for the area in which the facility is	108912
located, or the director of mental health. If the person believes	108913
that the resident has mental illness or severe mental disability	108914
and is suffering abuse or neglect, the person may report the	108915
information to the ADAMHS board serving the alcohol, drug	108916
addiction, and mental health service district in which the adult	108917
care facility is located or a mental health agency under contract	108918
with the board in addition to or instead of the ombudsperson,	108919
regional program, or director.	108920

(C) Any person who makes a report pursuant to division (A) or	108921
(B) of this section or division (G) of section ~~3722.16~~5119.86 of	108922
the Revised Code or any person who participates in an	108923
administrative or judicial proceeding resulting from such a report	108924
is immune from any civil liability or criminal liability, other	108925
than perjury, that might otherwise be incurred or imposed as a	108926
result of these actions, unless the person has acted in bad faith	108927
or with malicious purpose.	108928

~~Sec. 3722.18.~~ Sec. 5119.88. Before an adult care facility admits a	108929
prospective resident who the owner or manager of the facility	108930
knows has been assessed as having a mental illness or severe	108931
mental disability, the owner or manager is subject to both of the	108932
following:	108933

(A) If the prospective resident is referred to the facility	108934
by a mental health agency or ADAMHS board, the owner or manager	108935
shall follow procedures established in rules adopted under	108936
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code	108937
regarding referrals and effective arrangements for ongoing mental	108938
health services.	108939

(B) If the prospective resident is not referred to the	108940
facility by a mental health agency or ADAMHS board, the owner or	108941
manager shall offer to assist the prospective resident in	108942
obtaining appropriate mental health services and document the	108943
offer of assistance in accordance with rules adopted under	108944
division (A)(12) of section ~~3722.10~~5119.79 of the Revised Code.	108945

Sec. 5119.99. (A) Whoever violates section 5119.21 of the	108946
Revised Code is guilty of a misdemeanor of the first degree.	108947

(B) Whoever violates division (A)(1) of section 5119.86 of	108948
the Revised Code shall be fined two thousand dollars for a first	108949
offense; for each subsequent offense, such person shall be fined	108950
five thousand dollars.	108951

(C) Whoever violates division (C) of section 5119.81 or	108952
division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)	108953
of section 5119.86 of the Revised Code shall be fined five hundred	108954
dollars for a first offense; for each subsequent offense, such	108955
person shall be fined one thousand dollars.	108956

Sec. 5120.092. There is hereby created in the state treasury	108957
the adult and juvenile correctional facilities bond retirement	108958
fund. The fund shall receive proceeds derived from the sale of	108959
state adult or juvenile correctional facilities. Investment income	108960
with respect to moneys on deposit in the fund shall be retained by	108961
the fund. No investment of moneys in, or transfer of moneys from,	108962
the fund shall be made if the effect of the investment or transfer	108963
would be to adversely affect the exclusion from gross income of	108964
the interest payable on state bonds issued for state adult or	108965
juvenile correctional facilities that have been sold under	108966
authority of Section 753.10 of the act in which this section was	108967
enacted. To the extent necessary to maintain the exclusion from	108968
gross income of the interest payable on those bonds, moneys in the	108969
fund shall first be used to redeem or defease the outstanding	108970
portion of such bonds. To accomplish the redemption or defeasance,	108971
the director of budget and management, at the request of the Ohio	108972
building authority, may direct that moneys in the fund be	108973
transferred to the appropriate trustees under the applicable bond	108974
trust agreements. Upon receipt of both (i) one or more opinions of	108975
a nationally recognized bond counsel firm appointed by the Ohio	108976
building authority stating that the aforementioned bonds have been	108977
redeemed or defeased and that the transfer of such moneys will not	108978
adversely affect the exclusion from gross income of the interest	108979
payable on such bonds, and (ii) a certification by both the	108980
director of administrative services and the director of	108981
rehabilitation and correction stating either that all sales of	108982
state adult and juvenile correctional facilities contemplated by	108983
Section 753.10 of the act in which this section was enacted have	108984
been completed or that no further sales of any such facilities	108985
will be undertaken, the director of budget and management may	108986
direct that any moneys remaining in the fund after the redemption	108987
or defeasance of the aforementioned bonds shall be transferred to	108988
the general revenue fund. Upon completion of that transfer, the	108989
adult and juvenile correctional facilities bond retirement fund	108990
shall be abolished.	108991

Sec. 5120.105. (A) The department of administrative services	108992
shall provide for the construction of a halfway house facility in	108993
conformity with Chapter 153. of the Revised Code, except that	108994
construction services may be provided by the department of	108995
rehabilitation and correction.	108996

(B) The director of rehabilitation and correction may enter	108997
into an agreement with a halfway house organization for the	108998
management of a halfway house facility. The halfway house	108999
organization that occupies, will occupy, or is responsible for the	109000
management of a halfway house facility shall pay the costs of	109001
management of and general building services for the halfway house	109002
facility as provided in an agreement between the department of	109003
rehabilitation and correction and the halfway house organization.	109004

(C) No state funds, including state bond proceeds, shall be	109005
spent on the construction of a halfway house facility under	109006
sections 5120.102 to 5120.105 of the Revised Code, unless the	109007
general assembly has specifically authorized the spending of money	109008
on, or has made an appropriation to the department of	109009
rehabilitation and correction for, the construction of the halfway	109010
house facility or rental payments relating to the financing of the	109011
construction of that facility. An authorization to spend money or	109012
an appropriation for planning a halfway house facility does not	109013
constitute an authorization to spend money on, or an appropriation	109014
for, the construction of that facility. Capital funds for the	109015
construction of halfway house facilities under sections 5120.102	109016
to 5120.105 of the Revised Code shall be paid from the adult	109017
correctional building fund created ~~by the general assembly in the~~	109018
~~custody of the state treasurer~~in division (F) of section 154.24	109019
of the Revised Code.	109020

Sec. 5120.135. (A) As used in this section, "laboratory	109021
services" includes the performance of medical laboratory analysis;	109022
professional laboratory and pathologist consultation; the	109023
procurement, storage, and distribution of laboratory supplies; and	109024
the performance of phlebotomy services.	109025

(B) The department of rehabilitation and correction ~~shall~~may	109026
provide laboratory services to the departments of mental health,	109027
developmental disabilities, youth services, and rehabilitation and	109028
correction. The department of rehabilitation and correction may	109029
also provide laboratory services to other state, county, or	109030
municipal agencies and to private persons that request laboratory	109031
services if the department of rehabilitation and correction	109032
determines that the provision of laboratory services is in the	109033
public interest and considers it advisable to provide such	109034
services. The department of rehabilitation and correction may also	109035
provide laboratory services to agencies operated by the United	109036
States government and to public and private entities funded in	109037
whole or in part by the state if the director of rehabilitation	109038
and correction designates them as eligible to receive such	109039
services.	109040

The department of rehabilitation and correction shall provide	109041
laboratory services from a laboratory that complies with the	109042
standards for certification set by the United States department of	109043
health and human services under the "Clinical Laboratory	109044
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.	109045
In addition, the laboratory shall maintain accreditation or	109046
certification with an appropriate accrediting or certifying	109047
organization as considered necessary by the recipients of its	109048
laboratory services and as authorized by the director of	109049
rehabilitation and correction.	109050

(C) The cost of administering this section shall be	109051
determined by the department of rehabilitation and correction and	109052
shall be paid by entities that receive laboratory services to the	109053
department for deposit in the state treasury to the credit of the	109054
laboratory services fund, which is hereby created. The fund shall	109055
be used to pay the costs the department incurs in administering	109056
this section.	109057

(D) ~~If the department of rehabilitation and correction does~~	109058
~~not provide laboratory services under this section in a~~	109059
~~satisfactory manner to the department of developmental~~	109060
~~disabilities, youth services, or mental health, the director of~~	109061
~~developmental disabilities, youth services, or mental health shall~~	109062
~~attempt to resolve the matter of the unsatisfactory provision of~~	109063
~~services with the director of rehabilitation and correction. If,~~	109064
~~after this attempt, the provision of laboratory services continues~~	109065
~~to be unsatisfactory, the director of developmental disabilities,~~	109066
~~youth services, or mental health shall notify the director of~~	109067
~~rehabilitation and correction regarding the continued~~	109068
~~unsatisfactory provision of laboratory services. If, within thirty~~	109069
~~days after the director receives this notice, the department of~~	109070
~~rehabilitation and correction does not provide the specified~~	109071
~~laboratory services in a satisfactory manner, the director of~~	109072
~~developmental disabilities, youth services, or mental health shall~~	109073
~~notify the director of rehabilitation and correction of the~~	109074
~~notifying director's intent to cease obtaining laboratory services~~	109075
~~from the department of rehabilitation and correction. Following~~	109076
~~the end of a cancellation period of sixty days that begins on the~~	109077
~~date of the notice, the department that sent the notice may obtain~~	109078
~~laboratory services from a provider other than the department of~~	109079
~~rehabilitation and correction, if the department that sent the~~	109080
~~notice certifies to the department of administrative services that~~	109081
~~the requirements of this division have been met.~~	109082

~~(E)~~ Whenever a state agency fails to make a payment for	109083
laboratory services provided to it by the department of	109084
rehabilitation and correction under this section within thirty-one	109085
days after the date the payment was due, the office of budget and	109086
management may transfer moneys from that state agency to the	109087
department of rehabilitation and correction for deposit to the	109088
credit of the laboratory services fund. The amount transferred	109089
shall not exceed the amount of the overdue payments. Prior to	109090
making a transfer under this division, the office shall apply any	109091
credits the state agency has accumulated in payment for laboratory	109092
services provided under this section.	109093

Sec. 5120.17. (A) As used in this section:

109094

(1) "Mental illness" means a substantial disorder of thought,	109095
mood, perception, orientation, or memory that grossly impairs	109096
judgment, behavior, capacity to recognize reality, or ability to	109097
meet the ordinary demands of life.	109098

(2) "Mentally ill person subject to hospitalization" means a	109099
mentally ill person to whom any of the following applies because	109100
of the person's mental illness:	109101

(a) The person represents a substantial risk of physical harm	109102
to the person as manifested by evidence of threats of, or attempts	109103
at, suicide or serious self-inflicted bodily harm.	109104

(b) The person represents a substantial risk of physical harm	109105
to others as manifested by evidence of recent homicidal or other	109106
violent behavior, evidence of recent threats that place another in	109107
reasonable fear of violent behavior and serious physical harm, or	109108
other evidence of present dangerousness.	109109

(c) The person represents a substantial and immediate risk of	109110
serious physical impairment or injury to the person as manifested	109111
by evidence that the person is unable to provide for and is not	109112
providing for the person's basic physical needs because of the	109113
person's mental illness and that appropriate provision for those	109114
needs cannot be made immediately available in the correctional	109115
institution in which the inmate is currently housed.	109116

(d) The person would benefit from treatment in a hospital for	109117
the person's mental illness and is in need of treatment in a	109118
hospital as manifested by evidence of behavior that creates a	109119
grave and imminent risk to substantial rights of others or the	109120
person.	109121

(3) "Psychiatric hospital" means all or part of a facility	109122
that is operated and managed by the department of ~~rehabilitation~~	109123
~~and correction, is designated as a psychiatric hospital~~mental	109124
health to provide psychiatric hospitalization services in	109125
accordance with the requirements of this section pursuant to an	109126
agreement between the directors of rehabilitation and correction	109127
and mental health or, is licensed by the department of mental	109128
health pursuant to section 5119.20 of the Revised Code,as a	109129
psychiatric hospital and is ~~in substantial compliance with the~~	109130
~~standards set by the joint commission on accreditation of~~	109131
~~healthcare organizations~~accredited by a healthcare accrediting	109132
organization approved by the department of mental health and the	109133
psychiatric hospital is any of the following:	109134

(a) Operated and managed by the department of rehabilitation	109135
and correction within a facility that is operated by the	109136
department of rehabilitation and correction;	109137

(b) Operated and managed by a contractor for the department	109138
of rehabilitation and correction within a facility that is	109139
operated by the department of rehabilitation and correction;	109140

(c) Operated and managed in the community by an entity that	109141
has contracted with the department of rehabilitation and	109142
correction to provide psychiatric hospitalization services in	109143
accordance with the requirements of this section.	109144

(4) "Inmate patient" means an inmate who is admitted to a	109145
psychiatric hospital.	109146

(5) "Admitted" to a psychiatric hospital means being accepted	109147
for and staying at least one night at the psychiatric hospital.	109148

(6) "Treatment plan" means a written statement of reasonable	109149
objectives and goals for an inmate patient that is based on the	109150
needs of the inmate patient and that is established by the	109151
treatment team, with the active participation of the inmate	109152
patient and with documentation of that participation. "Treatment	109153
plan" includes all of the following:	109154

(a) The specific criteria to be used in evaluating progress	109155
toward achieving the objectives and goals;	109156

(b) The services to be provided to the inmate patient during	109157
the inmate patient's hospitalization;	109158

(c) The services to be provided to the inmate patient after	109159
discharge from the hospital, including, but not limited to,	109160
housing and mental health services provided at the state	109161
correctional institution to which the inmate patient returns after	109162
discharge or community mental health services.	109163

(7) "Mentally retarded person subject to institutionalization	109164
by court order" has the same meaning as in section 5123.01 of the	109165
Revised Code.	109166

(8) "Emergency transfer" means the transfer of a mentally ill	109167
inmate to a psychiatric hospital when the inmate presents an	109168
immediate danger to self or others and requires hospital-level	109169
care.	109170

(9) "Uncontested transfer" means the transfer of a mentally	109171
ill inmate to a psychiatric hospital when the inmate has the	109172
mental capacity to, and has waived, the hearing required by	109173
division (B) of this section.	109174

(10)(a) "Independent decision-maker" means a person who is	109175
employed or retained by the department of rehabilitation and	109176
correction and is appointed by the chief or chief clinical officer	109177
of mental health services as a hospitalization hearing officer to	109178
conduct due process hearings.	109179

(b) An independent decision-maker who presides over any	109180
hearing or issues any order pursuant to this section shall be a	109181
psychiatrist, psychologist, or attorney, shall not be specifically	109182
associated with the institution in which the inmate who is the	109183
subject of the hearing or order resides at the time of the hearing	109184
or order, and previously shall not have had any treatment	109185
relationship with nor have represented in any legal proceeding the	109186
inmate who is the subject of the order.	109187

(B)(1) Except as provided in division (C) of this section, if	109188
the warden of a state correctional institution or the warden's	109189
designee believes that an inmate should be transferred from the	109190
institution to a psychiatric hospital, the department shall hold a	109191
hearing to determine whether the inmate is a mentally ill person	109192
subject to hospitalization. The department shall conduct the	109193
hearing at the state correctional institution in which the inmate	109194
is confined, and the department shall provide qualified	109195
independent assistance to the inmate for the hearing. An	109196
independent decision-maker provided by the department shall	109197
preside at the hearing and determine whether the inmate is a	109198
mentally ill person subject to hospitalization.	109199

(2) Except as provided in division (C) of this section, prior	109200
to the hearing held pursuant to division (B)(1) of this section,	109201
the warden or the warden's designee shall give written notice to	109202
the inmate that the department is considering transferring the	109203
inmate to a psychiatric hospital, that it will hold a hearing on	109204
the proposed transfer at which the inmate may be present, that at	109205
the hearing the inmate has the rights described in division (B)(3)	109206
of this section, and that the department will provide qualified	109207
independent assistance to the inmate with respect to the hearing.	109208
The department shall not hold the hearing until the inmate has	109209
received written notice of the proposed transfer and has had	109210
sufficient time to consult with the person appointed by the	109211
department to provide assistance to the inmate and to prepare for	109212
a presentation at the hearing.	109213

(3) At the hearing held pursuant to division (B)(1) of this	109214
section, the department shall disclose to the inmate the evidence	109215
that it relies upon for the transfer and shall give the inmate an	109216
opportunity to be heard. Unless the independent decision-maker	109217
finds good cause for not permitting it, the inmate may present	109218
documentary evidence and the testimony of witnesses at the hearing	109219
and may confront and cross-examine witnesses called by the	109220
department.	109221

(4) If the independent decision-maker does not find clear and	109222
convincing evidence that the inmate is a mentally ill person	109223
subject to hospitalization, the department shall not transfer the	109224
inmate to a psychiatric hospital but shall continue to confine the	109225
inmate in the same state correctional institution or in another	109226
state correctional institution that the department considers	109227
appropriate. If the independent decision-maker finds clear and	109228
convincing evidence that the inmate is a mentally ill person	109229
subject to hospitalization, the decision-maker shall order that	109230
the inmate be transported to a psychiatric hospital for	109231
observation and treatment for a period of not longer than thirty	109232
days. After the hearing, the independent decision-maker shall	109233
submit to the department a written decision that states one of the	109234
findings described in division (B)(4) of this section, the	109235
evidence that the decision-maker relied on in reaching that	109236
conclusion, and, if the decision is that the inmate should be	109237
transferred, the reasons for the transfer.	109238

(C)(1) The department may transfer an inmate to a psychiatric	109239
hospital under an emergency transfer order if the chief clinical	109240
officer of mental health services of the department or that	109241
officer's designee and either a psychiatrist employed or retained	109242
by the department or, in the absence of a psychiatrist, a	109243
psychologist employed or retained by the department determines	109244
that the inmate is mentally ill, presents an immediate danger to	109245
self or others, and requires hospital-level care.	109246

(2) The department may transfer an inmate to a psychiatric	109247
hospital under an uncontested transfer order if both of the	109248
following apply:	109249

(a) A psychiatrist employed or retained by the department	109250
determines all of the following apply:	109251

(i) The inmate has a mental illness or is a mentally ill	109252
person subject to hospitalization.	109253

(ii) The inmate requires hospital care to address the mental	109254
illness.	109255

(iii) The inmate has the mental capacity to make a reasoned	109256
choice regarding the inmate's transfer to a hospital.	109257

(b) The inmate agrees to a transfer to a hospital.

109258

(3) The written notice and the hearing required under	109259
divisions (B)(1) and (2) of this section are not required for an	109260
emergency transfer or uncontested transfer under division (C)(1)	109261
or (2) of this section.	109262

(4) After an emergency transfer under division (C)(1) of this	109263
section, the department shall hold a hearing for continued	109264
hospitalization within five working days after admission of the	109265
transferred inmate to the psychiatric hospital. The department	109266
shall hold subsequent hearings pursuant to division (F) of this	109267
section at the same intervals as required for inmate patients who	109268
are transported to a psychiatric hospital under division (B)(4) of	109269
this section.	109270

(5) After an uncontested transfer under division (C)(2) of	109271
this section, the inmate may withdraw consent to the transfer in	109272
writing at any time. Upon the inmate's withdrawal of consent, the	109273
hospital shall discharge the inmate, or, within five working days,	109274
the department shall hold a hearing for continued hospitalization.	109275
The department shall hold subsequent hearings pursuant to division	109276
(F) of this section at the same time intervals as required for	109277
inmate patients who are transported to a psychiatric hospital	109278
under division (B)(4) of this section.	109279

(D)(1) If an independent decision-maker, pursuant to division	109280
(B)(4) of this section, orders an inmate transported to a	109281
psychiatric hospital or if an inmate is transferred pursuant to	109282
division (C)(1) or (2) of this section, the staff of the	109283
psychiatric hospital shall examine the inmate patient when	109284
admitted to the psychiatric hospital as soon as practicable after	109285
the inmate patient arrives at the hospital and no later than	109286
twenty-four hours after the time of arrival. The attending	109287
physician responsible for the inmate patient's care shall give the	109288
inmate patient all information necessary to enable the patient to	109289
give a fully informed, intelligent, and knowing consent to the	109290
treatment the inmate patient will receive in the hospital. The	109291
attending physician shall tell the inmate patient the expected	109292
physical and medical consequences of any proposed treatment and	109293
shall give the inmate patient the opportunity to consult with	109294
another psychiatrist at the hospital and with the inmate advisor.	109295

(2) No inmate patient who is transported or transferred	109296
pursuant to division (B)(4) or (C)(1) or (2) of this section to a	109297
psychiatric hospital ~~pursuant to division (B)(4) or (C)(1) or (2)~~	109298
~~of this section and who is in the physical custody of~~within a	109299
facility that is operated by the department of rehabilitation and	109300
correction shall be subjected to any of the following procedures:	109301

(a) Convulsive therapy;

109302

(b) Major aversive interventions;

109303

109304

(d) Psychosurgery.

109305

(E) The ~~warden of the psychiatric hospital or the warden's~~	109306
~~designee~~department of rehabilitation and correction shall ensure	109307
that an inmate patient hospitalized pursuant to this section	109308
receives or has all of the following:	109309

(1) Receives sufficient professional care within twenty days	109310
of admission to ensure that an evaluation of the inmate patient's	109311
current status, differential diagnosis, probable prognosis, and	109312
description of the current treatment plan have been formulated and	109313
are stated on the inmate patient's official chart;	109314

(2) Has a written treatment plan consistent with the	109315
evaluation, diagnosis, prognosis, and goals of treatment;	109316

(3) Receives treatment consistent with the treatment plan;

109317

(4) Receives periodic reevaluations of the treatment plan by	109318
the professional staff at intervals not to exceed thirty days;	109319

(5) Is provided with adequate medical treatment for physical	109320
disease or injury;	109321

(6) Receives humane care and treatment, including, without	109322
being limited to, the following:	109323

(a) Access to the facilities and personnel required by the	109324
treatment plan;	109325

(b) A humane psychological and physical environment;

109326

(c) The right to obtain current information concerning the	109327
treatment program, the expected outcomes of treatment, and the	109328
expectations for the inmate patient's participation in the	109329
treatment program in terms that the inmate patient reasonably can	109330
understand;	109331

(d) Opportunity for participation in programs designed to	109332
help the inmate patient acquire the skills needed to work toward	109333
discharge from the psychiatric hospital;	109334

(e) The right to be free from unnecessary or excessive	109335
medication and from unnecessary restraints or isolation;	109336

(f) All other rights afforded inmates in the custody of the	109337
department consistent with rules, policy, and procedure of the	109338
department.	109339

(F) The department shall hold a hearing for the continued	109340
hospitalization of an inmate patient who is transported or	109341
transferred to a psychiatric hospital pursuant to division (B)(4)	109342
or (C)(1) of this section prior to the expiration of the initial	109343
thirty-day period of hospitalization. The department shall hold	109344
any subsequent hearings, if necessary, not later than ninety days	109345
after the first thirty-day hearing and then not later than each	109346
one hundred and eighty days after the immediately prior hearing.	109347
An independent decision-maker shall conduct the hearings at the	109348
psychiatric hospital in which the inmate patient is confined. The	109349
inmate patient shall be afforded all of the rights set forth in	109350
this section for the hearing prior to transfer to the psychiatric	109351
hospital. The department may not waive a hearing for continued	109352
commitment. A hearing for continued commitment is mandatory for an	109353
inmate patient transported or transferred to a psychiatric	109354
hospital pursuant to division (B)(4) or (C)(1) of this section	109355
unless the inmate patient has the capacity to make a reasoned	109356
choice to execute a waiver and waives the hearing in writing. An	109357
inmate patient who is transferred to a psychiatric hospital	109358
pursuant to an uncontested transfer under division (C)(2) of this	109359
section and who has scheduled hearings after withdrawal of consent	109360
for hospitalization may waive any of the scheduled hearings if the	109361
inmate has the capacity to make a reasoned choice and executes a	109362
written waiver of the hearing.	109363

If upon completion of the hearing the independent	109364
decision-maker does not find by clear and convincing evidence that	109365
the inmate patient is a mentally ill person subject to	109366
hospitalization, the independent decision-maker shall order the	109367
inmate patient's discharge from the psychiatric hospital. If the	109368
independent decision-maker finds by clear and convincing evidence	109369
that the inmate patient is a mentally ill person subject to	109370
hospitalization, the independent decision-maker shall order that	109371
the inmate patient remain at the psychiatric hospital for	109372
continued hospitalization until the next required hearing.	109373

If at any time prior to the next required hearing for	109374
continued hospitalization, the medical director of the hospital or	109375
the attending physician determines that the treatment needs of the	109376
inmate patient could be met equally well in an available and	109377
appropriate less restrictive state correctional institution or	109378
unit, the medical director or attending physician may discharge	109379
the inmate to that facility.	109380

(G) An inmate patient is entitled to the credits toward the	109381
reduction of the inmate patient's stated prison term pursuant to	109382
Chapters 2967. and 5120. of the Revised Code under the same terms	109383
and conditions as if the inmate patient were in any other	109384
institution of the department of rehabilitation and correction.	109385

(H) The adult parole authority may place an inmate patient on	109386
parole or under post-release control directly from a psychiatric	109387
hospital.	109388

(I) If an inmate patient who is a mentally ill person subject	109389
to hospitalization is to be released from a psychiatric hospital	109390
because of the expiration of the inmate patient's stated prison	109391
term, the ~~warden of the psychiatric hospital~~director of	109392
rehabilitation and correction or the director's designee, at least	109393
fourteen days before the expiration date, may file an affidavit	109394
under section 5122.11 or 5123.71 of the Revised Code with the	109395
probate court in the county where the psychiatric hospital is	109396
located or the probate court in the county where the inmate will	109397
reside, alleging that the inmate patient is a mentally ill person	109398
subject to hospitalization by court order or a mentally retarded	109399
person subject to institutionalization by court order, whichever	109400
is applicable. The proceedings in the probate court shall be	109401
conducted pursuant to Chapter 5122. or 5123. of the Revised Code	109402
except as modified by this division.	109403

Upon the request of the inmate patient, the probate court	109404
shall grant the inmate patient an initial hearing under section	109405
5122.141 of the Revised Code or a probable cause hearing under	109406
section 5123.75 of the Revised Code before the expiration of the	109407
stated prison term. After holding a full hearing, the probate	109408
court shall make a disposition authorized by section 5122.15 or	109409
5123.76 of the Revised Code before the date of the expiration of	109410
the stated prison term. No inmate patient shall be held in the	109411
custody of the department of rehabilitation and correction past	109412
the date of the expiration of the inmate patient's stated prison	109413
term.	109414

(J) The department of rehabilitation and correction shall set	109415
standards for treatment provided to inmate patients~~, consistent~~	109416
~~where applicable with the standards set by the joint commission on~~	109417
~~accreditation of healthcare organizations~~.	109418

(K) A certificate, application, record, or report that is	109419
made in compliance with this section and that directly or	109420
indirectly identifies an inmate or former inmate whose	109421
hospitalization has been sought under this section is	109422
confidential. No person shall disclose the contents of any	109423
certificate, application, record, or report of that nature or any	109424
other psychiatric or medical record or report regarding a mentally	109425
ill inmate unless one of the following applies:	109426

(1) The person identified, or the person's legal guardian, if	109427
any, consents to disclosure, and the chief clinical officer or	109428
designee of mental health services of the department of	109429
rehabilitation and correction determines that disclosure is in the	109430
best interests of the person.	109431

(2) Disclosure is required by a court order signed by a	109432
judge.	109433

(3) An inmate patient seeks access to the inmate patient's	109434
own psychiatric and medical records, unless access is specifically	109435
restricted in the treatment plan for clear treatment reasons.	109436

(4) Hospitals and other institutions and facilities within	109437
the department of rehabilitation and correction may exchange	109438
psychiatric records and other pertinent information with other	109439
hospitals, institutions, and facilities of the department, but the	109440
information that may be released about an inmate patient is	109441
limited to medication history, physical health status and history,	109442
summary of course of treatment in the hospital, summary of	109443
treatment needs, and a discharge summary, if any.	109444

(5) An inmate patient's family member who is involved in	109445
planning, providing, and monitoring services to the inmate patient	109446
may receive medication information, a summary of the inmate	109447
patient's diagnosis and prognosis, and a list of the services and	109448
personnel available to assist the inmate patient and family if the	109449
attending physician determines that disclosure would be in the	109450
best interest of the inmate patient. No disclosure shall be made	109451
under this division unless the inmate patient is notified of the	109452
possible disclosure, receives the information to be disclosed, and	109453
does not object to the disclosure.	109454

(6) The department of rehabilitation and correction may	109455
exchange psychiatric hospitalization records, other mental health	109456
treatment records, and other pertinent information with county	109457
sheriffs' offices, hospitals, institutions, and facilities of the	109458
department of mental health and with community mental health	109459
agencies and boards of alcohol, drug addiction, and mental health	109460
services with which the department of mental health has a current	109461
agreement for patient care or services to ensure continuity of	109462
care. Disclosure under this division is limited to records	109463
regarding a mentally ill inmate's medication history, physical	109464
health status and history, summary of course of treatment, summary	109465
of treatment needs, and a discharge summary, if any. No office,	109466
department, agency, or board shall disclose the records and other	109467
information unless one of the following applies:	109468

(a) The mentally ill inmate is notified of the possible	109469
disclosure and consents to the disclosure.	109470

(b) The mentally ill inmate is notified of the possible	109471
disclosure, an attempt to gain the consent of the inmate is made,	109472
and the office, department, agency, or board documents the attempt	109473
to gain consent, the inmate's objections, if any, and the reasons	109474
for disclosure in spite of the inmate's objections.	109475

(7) Information may be disclosed to staff members designated	109476
by the director of rehabilitation and correction for the purpose	109477
of evaluating the quality, effectiveness, and efficiency of	109478
services and determining if the services meet minimum standards.	109479

The name of an inmate patient shall not be retained with the	109480
information obtained during the evaluations.	109481

(L) The director of rehabilitation and correction may adopt	109482
rules setting forth guidelines for the procedures required under	109483
divisions (B), (C)(1), and (C)(2) of this section.	109484

Sec. 5120.22. (A) The division of business administration	109485
shall examine the conditions of all buildings, grounds, and other	109486
property connected with the institutions under the control of the	109487
department of rehabilitation and correction, the methods of	109488
bookkeeping and storekeeping, and all matters relating to the	109489
management of such property. The division shall study and become	109490
familiar with the advantages and disadvantages of each as to	109491
location, freight rates, and efficiency of farm and equipment, for	109492
the purpose of aiding in the determination of the local and	109493
general requirements both for maintenance and improvements.	109494

(B) The division, with respect to the various types of	109495
state-owned housing under jurisdiction of the department, shall	109496
adopt, in accordance with section 111.15 of the Revised Code,	109497
rules governing maintenance of the housing and its usage by	109498
department personnel. The rules shall include a procedure for	109499
determining charges for rent and utilities, which the division	109500
shall assess against and collect from department personnel using	109501
the housing. All money collected for rent and utilities pursuant	109502
to the rules shall be deposited into the property receipts fund,	109503
which is hereby created in the state treasury. Money in the fund	109504
shall be used for any expenses necessary to provide housing of	109505
department employees, including but not limited to expenses for	109506
the acquisition, construction, operation, maintenance, repair,	109507
reconstruction, or demolition of land and buildings.	109508

(C) The division may enter into a lease or agreement with a	109509
state agency, political subdivision of the state, or private	109510
entity to use facilities or other property under the jurisdiction	109511
of the department that is not being utilized by the department.	109512
All money collected for leasing and services performed in	109513
accordance with the lease or agreement shall be deposited into the	109514
property receipts fund created under division (B) of this section.	109515
Money in the fund shall be used for any expenses resulting from	109516
the lease or agreement, including, but not limited to, expenses	109517
for services performed, construction, maintenance, repair,	109518
reconstruction, or demolition of the facilities or other property.	109519

Sec. 5120.28. (A) The department of rehabilitation and	109520
correction, subject to the approval of the office of budget and	109521
management, shall fix the prices at which all labor and services	109522
performed, all agricultural products produced, and all articles	109523
manufactured in correctional and penal institutions shall be	109524
furnished to the state, the political subdivisions of the state,	109525
and the public institutions of the state and the political	109526
subdivisions, and to private persons. The prices shall be uniform	109527
to all and not higher than the usual market price for like labor,	109528
products, services, and articles.	109529

(B) Any money received by the department of rehabilitation	109530
and correction for labor and services performed ~~and agricultural~~	109531
~~products produced~~ shall be deposited into the institutional	109532
services ~~and agricultural~~ fund created pursuant to division (A) of	109533
section 5120.29 of the Revised Code and shall be used and	109534
accounted for as provided in that section and division (B) of	109535
section 5145.03 of the Revised Code.	109536

(C) Any money received by the department of rehabilitation	109537
and correction for articles manufactured and agricultural products	109538
produced in penal and correctional institutions shall be deposited	109539
into the Ohio penal industries manufacturing fund created pursuant	109540
to division (B) of section 5120.29 of the Revised Code and shall	109541
be used and accounted for as provided in that section and division	109542
(B) of section 5145.03 of the Revised Code.	109543

Sec. 5120.29. (A) There is hereby created, in the state	109544
treasury, the institutional services ~~and agricultural~~ fund, which	109545
shall be used for the:	109546

(1) Purchase of material, supplies, and equipment and the	109547
erection and extension of buildings used in ~~service industries and~~	109548
~~agriculture~~services provided between institutions of the	109549
department of rehabilitation and correction;	109550

(2) ~~Purchase of lands and buildings necessary to carry on or~~	109551
~~extend the service industries and agriculture, upon the approval~~	109552
~~of the governor;~~	109553

~~(3)~~ Payment of compensation to employees necessary to carry	109554
on ~~the service industries and agriculture~~institutional services;	109555

~~(4)~~(3) Payment of prisoners confined in state correctional	109556
institutions a portion of their earnings in accordance with rules	109557
adopted pursuant to section 5145.03 of the Revised Code.	109558

(B) There is hereby created, in the state treasury, the Ohio	109559
penal industries manufacturing fund, which shall be used for the:	109560

(1) Purchase of material, supplies, and equipment and the	109561
erection and extension of buildings used in manufacturing	109562
industries and agriculture;	109563

(2) Purchase of lands and buildings necessary to carry on or	109564
extend the manufacturing industries and agriculture upon the	109565
approval of the governor;	109566

(3) Payment of compensation to employees necessary to carry	109567
on the manufacturing industries and agriculture;	109568

(4) Payment of prisoners confined in state correctional	109569
institutions a portion of their earnings in accordance with rules	109570
adopted pursuant to section 5145.03 of the Revised Code.	109571

(C) The department of rehabilitation and correction shall, in	109572
accordance with rules adopted pursuant to section 5145.03 of the	109573
Revised Code and subject to any pledge made as provided in	109574
division (D) of this section, place to the credit of each prisoner	109575
~~his~~the prisoner's earnings and pay the earnings so credited to	109576
the prisoner or ~~his~~the prisoner's family.	109577

(D) Receipts credited to the funds created in divisions (A)	109578
and (B) of this section constitute available receipts as defined	109579
in section 152.09 of the Revised Code, and may be pledged to the	109580
payment of bond service charges on obligations issued by the Ohio	109581
building authority pursuant to Chapter 152. of the Revised Code to	109582
construct, reconstruct, or otherwise improve capital facilities	109583
useful to the department. The authority may, with the consent of	109584
the department, provide in the bond proceedings for a pledge of	109585
all or such portion of receipts credited to the funds as the	109586
authority determines. The authority may provide in the bond	109587
proceedings for the transfer of receipts credited to the funds to	109588
the appropriate bond service fund or bond service reserve fund as	109589
required to pay the bond service charges when due, and any such	109590
provision for the transfer of receipts shall be controlling	109591
notwithstanding any other provision of law pertaining to such	109592
receipts.	109593

All receipts received by the treasurer of state on account of	109594
the department and required by the applicable bond proceedings to	109595
be deposited, transferred, or credited to the bond service fund or	109596
bond service reserve fund established by such bond proceedings	109597
shall be transferred by the treasurer of state to such fund,	109598
whether or not such fund is in the custody of the treasurer of	109599
state, without necessity for further appropriation, upon receipt	109600
of notice from the Ohio building authority as prescribed in the	109601
bond proceedings. The authority may covenant in the bond	109602
proceedings that so long as any obligations are outstanding to	109603
which receipts credited to the fund are pledged, the state and the	109604
department shall neither reduce the prices charged pursuant to	109605
section 5120.28 of the Revised Code nor the level of manpower	109606
collectively devoted to the production of goods and services for	109607
which prices are set pursuant to section 5120.28 of the Revised	109608
Code, which covenant shall be controlling notwithstanding any	109609
other provision of law; provided, that no covenant shall require	109610
the general assembly to appropriate money derived from the levying	109611
of excises or taxes to purchase such goods and services or to pay	109612
rent or bond service charges.	109613

Sec. 5122.01. As used in this chapter and Chapter 5119. of	109614
the Revised Code:	109615

(A) "Mental illness" means a substantial disorder of thought,	109616
mood, perception, orientation, or memory that grossly impairs	109617
judgment, behavior, capacity to recognize reality, or ability to	109618
meet the ordinary demands of life.	109619

(B) "Mentally ill person subject to hospitalization by court	109620
order" means a mentally ill person who, because of the person's	109621
illness:	109622

(1) Represents a substantial risk of physical harm to self as	109623
manifested by evidence of threats of, or attempts at, suicide or	109624
serious self-inflicted bodily harm;	109625

(2) Represents a substantial risk of physical harm to others	109626
as manifested by evidence of recent homicidal or other violent	109627
behavior, evidence of recent threats that place another in	109628
reasonable fear of violent behavior and serious physical harm, or	109629
other evidence of present dangerousness;	109630

(3) Represents a substantial and immediate risk of serious	109631
physical impairment or injury to self as manifested by evidence	109632
that the person is unable to provide for and is not providing for	109633
the person's basic physical needs because of the person's mental	109634
illness and that appropriate provision for those needs cannot be	109635
made immediately available in the community; or	109636

(4) Would benefit from treatment in a hospital for the	109637
person's mental illness and is in need of such treatment as	109638
manifested by evidence of behavior that creates a grave and	109639
imminent risk to substantial rights of others or the person.	109640

(C)(1) "Patient" means, subject to division (C)(2) of this	109641
section, a person who is admitted either voluntarily or	109642
involuntarily to a hospital or other place under section 2945.39,	109643
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	109644
finding of not guilty by reason of insanity or incompetence to	109645
stand trial or under this chapter, who is under observation or	109646
receiving treatment in such place.	109647

(2) "Patient" does not include a person admitted to a	109648
hospital or other place under section 2945.39, 2945.40, 2945.401,	109649
or 2945.402 of the Revised Code to the extent that the reference	109650
in this chapter to patient, or the context in which the reference	109651
occurs, is in conflict with any provision of sections 2945.37 to	109652
2945.402 of the Revised Code.	109653

(D) "Licensed physician" means a person licensed under the	109654
laws of this state to practice medicine or a medical officer of	109655
the government of the United States while in this state in the	109656
performance of the person's official duties.	109657

(E) "Psychiatrist" means a licensed physician who has	109658
satisfactorily completed a residency training program in	109659
psychiatry, as approved by the residency review committee of the	109660
American medical association, the committee on post-graduate	109661
education of the American osteopathic association, or the American	109662
osteopathic board of neurology and psychiatry, or who on July 1,	109663
1989, has been recognized as a psychiatrist by the Ohio state	109664
medical association or the Ohio osteopathic association on the	109665
basis of formal training and five or more years of medical	109666
practice limited to psychiatry.	109667

(F) "Hospital" means a hospital or inpatient unit licensed by	109668
the department of mental health under section 5119.20 of the	109669
Revised Code, and any institution, hospital, or other place	109670
established, controlled, or supervised by the department under	109671
Chapter 5119. of the Revised Code.	109672

(G) "Public hospital" means a facility that is tax-supported	109673
and under the jurisdiction of the department of mental health.	109674

(H) "Community mental health agency" means ~~any~~an agency,	109675
~~program, or facility with which a board of alcohol, drug~~	109676
~~addiction, and mental health services contracts to provide the~~	109677
that provides community mental health services ~~listed in~~that are	109678
certified by the director of mental health under section ~~340.09~~	109679
5119.611 of the Revised Code.	109680

(I) "Licensed clinical psychologist" means a person who holds	109681
a current valid psychologist license issued under section 4732.12	109682
or 4732.15 of the Revised Code, and in addition, meets either of	109683
the following criteria:	109684

(1) Meets the educational requirements set forth in division	109685
(B) of section 4732.10 of the Revised Code and has a minimum of	109686
two years' full-time professional experience, or the equivalent as	109687
determined by rule of the state board of psychology, at least one	109688
year of which shall be a predoctoral internship, in clinical	109689
psychological work in a public or private hospital or clinic or in	109690
private practice, diagnosing and treating problems of mental	109691
illness or mental retardation under the supervision of a	109692
psychologist who is licensed or who holds a diploma issued by the	109693
American board of professional psychology, or whose qualifications	109694
are substantially similar to those required for licensure by the	109695
state board of psychology when the supervision has occurred prior	109696
to enactment of laws governing the practice of psychology;	109697

(2) Meets the educational requirements set forth in division	109698
(B) of section 4732.15 of the Revised Code and has a minimum of	109699
four years' full-time professional experience, or the equivalent	109700
as determined by rule of the state board of psychology, in	109701
clinical psychological work in a public or private hospital or	109702
clinic or in private practice, diagnosing and treating problems of	109703
mental illness or mental retardation under supervision, as set	109704
forth in division (I)(1) of this section.	109705

(J) "Health officer" means any public health physician;	109706
public health nurse; or other person authorized by or designated	109707
by a city health district; a general health district; or a board	109708
of alcohol, drug addiction, and mental health services to perform	109709
the duties of a health officer under this chapter.	109710

(K) "Chief clinical officer" means the medical director of a	109711
hospital, or a community mental health agency, or a board of	109712
alcohol, drug addiction, and mental health services, or, if there	109713
is no medical director, the licensed physician responsible for the	109714
treatment a hospital or community mental health agency provides.	109715
The chief clinical officer may delegate to the attending physician	109716
responsible for a patient's care the duties imposed on the chief	109717
clinical officer by this chapter. Within a community mental health	109718
agency, the chief clinical officer shall be designated by the	109719
governing body of the agency and shall be a licensed physician or	109720
licensed clinical psychologist who supervises diagnostic and	109721
treatment services. A licensed physician or licensed clinical	109722
psychologist designated by the chief clinical officer may perform	109723
the duties and accept the responsibilities of the chief clinical	109724
officer in the chief clinical officer's absence.	109725

(L) "Working day" or "court day" means Monday, Tuesday,	109726
Wednesday, Thursday, and Friday, except when such day is a	109727
holiday.	109728

(M) "Indigent" means unable without deprivation of	109729
satisfaction of basic needs to provide for the payment of an	109730
attorney and other necessary expenses of legal representation,	109731
including expert testimony.	109732

(N) "Respondent" means the person whose detention,	109733
commitment, hospitalization, continued hospitalization or	109734
commitment, or discharge is being sought in any proceeding under	109735
this chapter.	109736

(O) "Legal rights service" means the service established	109737
under section 5123.60 of the Revised Code.	109738

(P) "Independent expert evaluation" means an evaluation	109739
conducted by a licensed clinical psychologist, psychiatrist, or	109740
licensed physician who has been selected by the respondent or the	109741
respondent's counsel and who consents to conducting the	109742
evaluation.	109743

(Q) "Court" means the probate division of the court of common	109744
pleas.	109745

(R) "Expunge" means:

109746

(1) The removal and destruction of court files and records,	109747
originals and copies, and the deletion of all index references;	109748

(2) The reporting to the person of the nature and extent of	109749
any information about the person transmitted to any other person	109750
by the court;	109751

(3) Otherwise insuring that any examination of court files	109752
and records in question shall show no record whatever with respect	109753
to the person;	109754

(4) That all rights and privileges are restored, and that the	109755
person, the court, and any other person may properly reply that no	109756
such record exists, as to any matter expunged.	109757

(S) "Residence" means a person's physical presence in a	109758
county with intent to remain there, except that:	109759

(1) If a person is receiving a mental health service at a	109760
facility that includes nighttime sleeping accommodations,	109761
residence means that county in which the person maintained the	109762
person's primary place of residence at the time the person entered	109763
the facility;	109764

(2) If a person is committed pursuant to section 2945.38,	109765
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	109766
residence means the county where the criminal charges were filed.	109767

When the residence of a person is disputed, the matter of	109768
residence shall be referred to the department of mental health for	109769
investigation and determination. Residence shall not be a basis	109770
for a board's denying services to any person present in the	109771
board's service district, and the board shall provide services for	109772
a person whose residence is in dispute while residence is being	109773
determined and for a person in an emergency situation.	109774

(T) "Admission" to a hospital or other place means that a	109775
patient is accepted for and stays at least one night at the	109776
hospital or other place.	109777

(U) "Prosecutor" means the prosecuting attorney, village	109778
solicitor, city director of law, or similar chief legal officer	109779
who prosecuted a criminal case in which a person was found not	109780
guilty by reason of insanity, who would have had the authority to	109781
prosecute a criminal case against a person if the person had not	109782
been found incompetent to stand trial, or who prosecuted a case in	109783
which a person was found guilty.	109784

(V) "Treatment plan" means a written statement of reasonable	109785
objectives and goals for an individual established by the	109786
treatment team, with specific criteria to evaluate progress	109787
towards achieving those objectives. The active participation of	109788
the patient in establishing the objectives and goals shall be	109789
documented. The treatment plan shall be based on patient needs and	109790
include services to be provided to the patient while the patient	109791
is hospitalized and after the patient is discharged. The treatment	109792
plan shall address services to be provided upon discharge,	109793
including but not limited to housing, financial, and vocational	109794
services.	109795

(W) "Community control sanction" has the same meaning as in	109796
section 2929.01 of the Revised Code.	109797

(X) "Post-release control sanction" has the same meaning as	109798
in section 2967.01 of the Revised Code.	109799

Sec. 5122.15. (A) Full hearings shall be conducted in a	109800
manner consistent with this chapter and with due process of law.	109801
The hearings shall be conducted by a judge of the probate court or	109802
a referee designated by a judge of the probate court and may be	109803
conducted in or out of the county in which the respondent is held.	109804
Any referee designated under this division shall be an attorney.	109805

(1) With the consent of the respondent, the following shall	109806
be made available to counsel for the respondent:	109807

(a) All relevant documents, information, and evidence in the	109808
custody or control of the state or prosecutor;	109809

(b) All relevant documents, information, and evidence in the	109810
custody or control of the hospital in which the respondent	109811
currently is held, or in which the respondent has been held	109812
pursuant to this chapter;	109813

(c) All relevant documents, information, and evidence in the	109814
custody or control of any hospital, facility, or person not	109815
included in division (A)(1)(a) or (b) of this section.	109816

(2) The respondent has the right to attend the hearing and to	109817
be represented by counsel of the respondent's choice. The right to	109818
attend the hearing may be waived only by the respondent or counsel	109819
for the respondent after consultation with the respondent.	109820

(3) If the respondent is not represented by counsel, is	109821
absent from the hearing, and has not validly waived the right to	109822
counsel, the court shall appoint counsel immediately to represent	109823
the respondent at the hearing, reserving the right to tax costs of	109824
appointed counsel to the respondent, unless it is shown that the	109825
respondent is indigent. If the court appoints counsel, or if the	109826
court determines that the evidence relevant to the respondent's	109827
absence does not justify the absence, the court shall continue the	109828
case.	109829

(4) The respondent shall be informed that the respondent may	109830
retain counsel and have independent expert evaluation. If the	109831
respondent is unable to obtain an attorney, the respondent shall	109832
be represented by court-appointed counsel. If the respondent is	109833
indigent, court-appointed counsel and independent expert	109834
evaluation shall be provided as an expense under section 5122.43	109835
of the Revised Code.	109836

(5) The hearing shall be closed to the public, unless counsel	109837
for the respondent, with the permission of the respondent,	109838
requests that the hearing be open to the public.	109839

(6) If the hearing is closed to the public, the court, for	109840
good cause shown, may admit persons who have a legitimate interest	109841
in the proceedings. If the respondent, the respondent's counsel,	109842
the designee of the director or of the chief clinical officer	109843
objects to the admission of any person, the court shall hear the	109844
objection and any opposing argument and shall rule upon the	109845
admission of the person to the hearing.	109846

(7) The affiant under section 5122.11 of the Revised Code	109847
shall be subject to subpoena by either party.	109848

(8) The court shall examine the sufficiency of all documents	109849
filed and shall inform the respondent, if present, and the	109850
respondent's counsel of the nature and content of the documents	109851
and the reason for which the respondent is being detained, or for	109852
which the respondent's placement is being sought.	109853

(9) The court shall receive only reliable, competent, and	109854
material evidence.	109855

(10) Unless proceedings are initiated pursuant to section	109856
5120.17 or 5139.08 of the Revised Code or proceedings are	109857
initiated regarding a resident of the service district of a board	109858
of alcohol, drug addiction, and mental health services that elects	109859
under division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised	109860
Code not to accept the amount allocated to it under ~~division~~	109861
~~(B)(1) of~~ that section, an attorney that the board designates	109862
shall present the case demonstrating that the respondent is a	109863
mentally ill person subject to hospitalization by court order. The	109864
attorney shall offer evidence of the diagnosis, prognosis, record	109865
of treatment, if any, and less restrictive treatment plans, if	109866
any. In proceedings pursuant to section 5120.17 or 5139.08 of the	109867
Revised Code and in proceedings in which the respondent is a	109868
resident of a service district of a board that elects under	109869
division ~~(B)(3)(b)~~(C)(2) of section 5119.62 of the Revised Code	109870
not to accept the amount allocated to it under ~~division (B)(1) of~~	109871
that section, the attorney general shall designate an attorney who	109872
shall present the case demonstrating that the respondent is a	109873
mentally ill person subject to hospitalization by court order. The	109874
attorney shall offer evidence of the diagnosis, prognosis, record	109875
of treatment, if any, and less restrictive treatment plans, if	109876
any.	109877

(11) The respondent or the respondent's counsel has the right	109878
to subpoena witnesses and documents and to examine and	109879
cross-examine witnesses.	109880

(12) The respondent has the right, but shall not be	109881
compelled, to testify, and shall be so advised by the court.	109882

(13) On motion of the respondent or the respondent's counsel	109883
for good cause shown, or on the court's own motion, the court may	109884
order a continuance of the hearing.	109885

(14) If the respondent is represented by counsel and the	109886
respondent's counsel requests a transcript and record, or if the	109887
respondent is not represented by counsel, the court shall make and	109888
maintain a full transcript and record of the proceeding. If the	109889
respondent is indigent and the transcript and record is made, a	109890
copy shall be provided to the respondent upon request and be	109891
treated as an expense under section 5122.43 of the Revised Code.	109892

(15) To the extent not inconsistent with this chapter, the	109893
Rules of Civil Procedure are applicable.	109894

(B) Unless, upon completion of the hearing the court finds by	109895
clear and convincing evidence that the respondent is a mentally	109896
ill person subject to hospitalization by court order, it shall	109897
order the respondent's discharge immediately.	109898

(C) If, upon completion of the hearing, the court finds by	109899
clear and convincing evidence that the respondent is a mentally	109900
ill person subject to hospitalization by court order, the court	109901
shall order the respondent for a period not to exceed ninety days	109902
to any of the following:	109903

(1) A hospital operated by the department of mental health if	109904
the respondent is committed pursuant to section 5139.08 of the	109905
Revised Code;	109906

(2) A nonpublic hospital;

109907

(3) The veterans' administration or other agency of the	109908
United States government;	109909

(4) A board of alcohol, drug addiction, and mental health	109910
services or agency the board designates;	109911

(5) Receive private psychiatric or psychological care and	109912
treatment;	109913

(6) Any other suitable facility or person consistent with the	109914
diagnosis, prognosis, and treatment needs of the respondent.	109915

(D) Any order made pursuant to division (C)(2), (3), (5), or	109916
(6) of this section shall be conditioned upon the receipt by the	109917
court of consent by the hospital, facility, agency, or person to	109918
accept the respondent.	109919

(E) In determining the place to which, or the person with	109920
whom, the respondent is to be committed, the court shall consider	109921
the diagnosis, prognosis, preferences of the respondent and the	109922
projected treatment plan for the respondent and shall order the	109923
implementation of the least restrictive alternative available and	109924
consistent with treatment goals. If the court determines that the	109925
least restrictive alternative available that is consistent with	109926
treatment goals is inpatient hospitalization, the court's order	109927
shall so state.	109928

(F) During such ninety-day period the hospital; facility;	109929
board of alcohol, drug addiction, and mental health services;	109930
agency the board designates; or person shall examine and treat the	109931
individual. If, at any time prior to the expiration of the	109932
ninety-day period, it is determined by the hospital, facility,	109933
board, agency, or person that the respondent's treatment needs	109934
could be equally well met in an available and appropriate less	109935
restrictive environment, both of the following apply:	109936

(1) The respondent shall be released from the care of the	109937
hospital, agency, facility, or person immediately and shall be	109938
referred to the court together with a report of the findings and	109939
recommendations of the hospital, agency, facility, or person; and	109940

(2) The hospital, agency, facility, or person shall notify	109941
the respondent's counsel or the attorney designated by a board of	109942
alcohol, drug addiction, and mental health services or, if the	109943
respondent was committed to a board or an agency designated by the	109944
board, it shall place the respondent in the least restrictive	109945
environment available consistent with treatment goals and notify	109946
the court and the respondent's counsel of the placement.	109947

The court shall dismiss the case or order placement in the	109948
least restrictive environment.	109949

(G)(1) Except as provided in divisions (G)(2) and (3) of this	109950
section, any person who has been committed under this section, or	109951
for whom proceedings for hospitalization have been commenced	109952
pursuant to section 5122.11 of the Revised Code, may apply at any	109953
time for voluntary admission to the hospital, facility, agency	109954
that the board designates, or person to which the person was	109955
committed. Upon admission as a voluntary patient the chief	109956
clinical officer of the hospital, agency, or other facility, or	109957
the person immediately shall notify the court, the patient's	109958
counsel, and the attorney designated by the board, if the attorney	109959
has entered the proceedings, in writing of that fact, and, upon	109960
receipt of the notice, the court shall dismiss the case.	109961

(2) A person who is found incompetent to stand trial or not	109962
guilty by reason of insanity and who is committed pursuant to	109963
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	109964
Code shall not voluntarily commit the person pursuant to this	109965
section until after the final termination of the commitment, as	109966
described in division (J) of section 2945.401 of the Revised Code.	109967

(H) If, at the end of the first ninety-day period or any	109968
subsequent period of continued commitment, there has been no	109969
disposition of the case, either by discharge or voluntary	109970
admission, the hospital, facility, board, agency, or person shall	109971
discharge the patient immediately, unless at least ten days before	109972
the expiration of the period the attorney the board designates or	109973
the prosecutor files with the court an application for continued	109974
commitment. The application of the attorney or the prosecutor	109975
shall include a written report containing the diagnosis,	109976
prognosis, past treatment, a list of alternative treatment	109977
settings and plans, and identification of the treatment setting	109978
that is the least restrictive consistent with treatment needs. The	109979
attorney the board designates or the prosecutor shall file the	109980
written report at least three days prior to the full hearing. A	109981
copy of the application and written report shall be provided to	109982
the respondent's counsel immediately.	109983

The court shall hold a full hearing on applications for	109984
continued commitment at the expiration of the first ninety-day	109985
period and at least every two years after the expiration of the	109986
first ninety-day period.	109987

Hearings following any application for continued commitment	109988
are mandatory and may not be waived.	109989

Upon request of a person who is involuntarily committed under	109990
this section, or the person's counsel, that is made more than one	109991
hundred eighty days after the person's last full hearing,	109992
mandatory or requested, the court shall hold a full hearing on the	109993
person's continued commitment. Upon the application of a person	109994
involuntarily committed under this section, supported by an	109995
affidavit of a psychiatrist or licensed clinical psychologist,	109996
alleging that the person no longer is a mentally ill person	109997
subject to hospitalization by court order, the court for good	109998
cause shown may hold a full hearing on the person's continued	109999
commitment prior to the expiration of one hundred eighty days	110000
after the person's last full hearing. Section 5122.12 of the	110001
Revised Code applies to all hearings on continued commitment.	110002

If the court, after a hearing for continued commitment finds	110003
by clear and convincing evidence that the respondent is a mentally	110004
ill person subject to hospitalization by court order, the court	110005
may order continued commitment at places specified in division (C)	110006
of this section.	110007

(I) Unless the admission is pursuant to section 5120.17 or	110008
5139.08 of the Revised Code, the chief clinical officer of the	110009
hospital or agency admitting a respondent pursuant to a judicial	110010
proceeding, within ten working days of the admission, shall make a	110011
report of the admission to the board of alcohol, drug addiction,	110012
and mental health services serving the respondent's county of	110013
residence.	110014

(J) A referee appointed by the court may make all orders that	110015
a judge may make under this section and sections 5122.11 and	110016
5122.141 of the Revised Code, except an order of contempt of	110017
court. The orders of a referee take effect immediately. Within	110018
fourteen days of the making of an order by a referee, a party may	110019
file written objections to the order with the court. The filed	110020
objections shall be considered a motion, shall be specific, and	110021
shall state their grounds with particularity. Within ten days of	110022
the filing of the objections, a judge of the court shall hold a	110023
hearing on the objections and may hear and consider any testimony	110024
or other evidence relating to the respondent's mental condition.	110025
At the conclusion of the hearing, the judge may ratify, rescind,	110026
or modify the referee's order.	110027

(K) An order of the court under division (C), (H), or (J) of	110028
this section is a final order.	110029

(L) Before a board, or an agency the board designates, may	110030
place an unconsenting respondent in an inpatient setting from a	110031
less restrictive placement, the board or agency shall do all of	110032
the following:	110033

(1) Determine that the respondent is in immediate need of	110034
treatment in an inpatient setting because the respondent	110035
represents a substantial risk of physical harm to the respondent	110036
or others if allowed to remain in a less restrictive setting;	110037

(2) On the day of placement in the inpatient setting or on	110038
the next court day, file with the court a motion for transfer to	110039
an inpatient setting or communicate to the court by telephone that	110040
the required motion has been mailed;	110041

(3) Ensure that every reasonable and appropriate effort is	110042
made to take the respondent to the inpatient setting in the least	110043
conspicuous manner possible;	110044

(4) Immediately notify the board's designated attorney and	110045
the respondent's attorney.	110046

At the respondent's request, the court shall hold a hearing	110047
on the motion and make a determination pursuant to division (E) of	110048
this section within five days of the placement.	110049

(M) Before a board, or an agency the board designates, may	110050
move a respondent from one residential placement to another, the	110051
board or agency shall consult with the respondent about the	110052
placement. If the respondent objects to the placement, the	110053
proposed placement and the need for it shall be reviewed by a	110054
qualified mental health professional who otherwise is not involved	110055
in the treatment of the respondent.	110056

Sec. 5122.21. (A) The chief clinical officer shall as	110057
frequently as practicable, and at least once every thirty days,	110058
examine or cause to be examined every patient, and, whenever the	110059
chief clinical officer determines that the conditions justifying	110060
involuntary hospitalization or commitment no longer obtain, shall,	110061
~~except as provided in division (C) of this section,~~ discharge the	110062
patient not under indictment or conviction for crime and	110063
immediately make a report of the discharge to the department of	110064
mental health. The chief clinical officer may discharge a patient	110065
who is under an indictment, a sentence of imprisonment, a	110066
community control sanction, or a post-release control sanction or	110067
on parole ten days after written notice of intent to discharge the	110068
patient has been given by personal service or certified mail,	110069
return receipt requested, to the court having criminal	110070
jurisdiction over the patient. Except when the patient was found	110071
not guilty by reason of insanity and the defendant's commitment is	110072
pursuant to section 2945.40 of the Revised Code, the chief	110073
clinical officer has final authority to discharge a patient who is	110074
under an indictment, a sentence of imprisonment, a community	110075
control sanction, or a post-release control sanction or on parole.	110076

(B) After a finding pursuant to section 5122.15 of the	110077
Revised Code that a person is a mentally ill person subject to	110078
hospitalization by court order, the chief clinical officer of the	110079
hospital or agency to which the person is ordered or to which the	110080
person is transferred under section 5122.20 of the Revised Code,	110081
may~~, except as provided in division (C) of this section,~~ grant a	110082
discharge without the consent or authorization of any court.	110083

Upon discharge, the chief clinical officer shall notify the	110084
court that caused the judicial hospitalization of the discharge	110085
from the hospital.	110086

Sec. 5122.31. (A) All certificates, applications, records,	110087
and reports made for the purpose of this chapter and sections	110088
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	110089
Code, other than court journal entries or court docket entries,	110090
and directly or indirectly identifying a patient or former patient	110091
or person whose hospitalization has been sought under this	110092
chapter, shall be kept confidential and shall not be disclosed by	110093
any person except:	110094

(1) If the person identified, or the person's legal guardian,	110095
if any, or if the person is a minor, the person's parent or legal	110096
guardian, consents, and if the disclosure is in the best interests	110097
of the person, as may be determined by the court for judicial	110098
records and by the chief clinical officer for medical records;	110099

(2) When disclosure is provided for in this chapter or	110100
section 5123.60 of the Revised Code;	110101

(3) That hospitals, boards of alcohol, drug addiction, and	110102
mental health services, and community mental health agencies may	110103
release necessary medical information to insurers and other	110104
third-party payers, including government entities responsible for	110105
processing and authorizing payment, to obtain payment for goods	110106
and services furnished to the patient;	110107

(4) Pursuant to a court order signed by a judge;

110108

(5) That a patient shall be granted access to the patient's	110109
own psychiatric and medical records, unless access specifically is	110110
restricted in a patient's treatment plan for clear treatment	110111
reasons;	110112

(6) That hospitals and other institutions and facilities	110113
within the department of mental health may exchange psychiatric	110114
records and other pertinent information with other hospitals,	110115
institutions, and facilities of the department, and with community	110116
mental health agencies and boards of alcohol, drug addiction, and	110117
mental health services with which the department has a current	110118
agreement for patient care or services. Records and information	110119
that may be released pursuant to this division shall be limited to	110120
medication history, physical health status and history, financial	110121
status, summary of course of treatment in the hospital, summary of	110122
treatment needs, and a discharge summary, if any.	110123

(7) That hospitals within the department, other institutions	110124
and facilities within the department, hospitals licensed by the	110125
department under section 5119.20 of the Revised Code, and	110126
community mental health agencies may exchange psychiatric records	110127
and other pertinent information with payers and other providers of	110128
treatment and health services if the purpose of the exchange is to	110129
facilitate continuity of care for a patient;	110130

(8) That a patient's family member who is involved in the	110131
provision, planning, and monitoring of services to the patient may	110132
receive medication information, a summary of the patient's	110133
diagnosis and prognosis, and a list of the services and personnel	110134
available to assist the patient and the patient's family, if the	110135
patient's treating physician determines that the disclosure would	110136
be in the best interests of the patient. No such disclosure shall	110137
be made unless the patient is notified first and receives the	110138
information and does not object to the disclosure.	110139

(9) That community mental health agencies may exchange	110140
psychiatric records and certain other information with the board	110141
of alcohol, drug addiction, and mental health services and other	110142
agencies in order to provide services to a person involuntarily	110143
committed to a board. Release of records under this division shall	110144
be limited to medication history, physical health status and	110145
history, financial status, summary of course of treatment, summary	110146
of treatment needs, and discharge summary, if any.	110147

(10) That information may be disclosed to the executor or the	110148
administrator of an estate of a deceased patient when the	110149
information is necessary to administer the estate;	110150

(11) That records in the possession of the Ohio historical	110151
society may be released to the closest living relative of a	110152
deceased patient upon request of that relative;	110153

(12) That information may be disclosed to staff members of	110154
the appropriate board or to staff members designated by the	110155
director of mental health for the purpose of evaluating the	110156
quality, effectiveness, and efficiency of services and determining	110157
if the services meet minimum standards. Information obtained	110158
during such evaluations shall not be retained with the name of any	110159
patient.	110160

(13) That records pertaining to the patient's diagnosis,	110161
course of treatment, treatment needs, and prognosis shall be	110162
disclosed and released to the appropriate prosecuting attorney if	110163
the patient was committed pursuant to section 2945.38, 2945.39,	110164
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	110165
attorney designated by the board for proceedings pursuant to	110166
involuntary commitment under this chapter.	110167

(14) That the department of mental health may exchange	110168
psychiatric hospitalization records, other mental health treatment	110169
records, and other pertinent information with the department of	110170
rehabilitation and correction to ensure continuity of care for	110171
inmates who are receiving mental health services in an institution	110172
of the department of rehabilitation and correction. The department	110173
shall not disclose those records unless the inmate is notified,	110174
receives the information, and does not object to the disclosure.	110175
The release of records under this division is limited to records	110176
regarding an inmate's medication history, physical health status	110177
and history, summary of course of treatment, summary of treatment	110178
needs, and a discharge summary, if any.	110179

(15) That a community mental health agency that ceases to	110180
operate may transfer to either a community mental health agency	110181
that assumes its caseload or to the board of alcohol, drug	110182
addiction, and mental health services of the service district in	110183
which the patient resided at the time services were most recently	110184
provided any treatment records that have not been transferred	110185
elsewhere at the patient's request.	110186

(B) Before records are disclosed pursuant to divisions	110187
(A)(3), (6), (7), and (9) of this section, the custodian of the	110188
records shall attempt to obtain the patient's consent for the	110189
disclosure. No person shall reveal the contents of a medical	110190
record of a patient except as authorized by law.	110191

(C) The managing officer of a hospital who releases necessary	110192
medical information under division (A)(3) of this section to allow	110193
an insurance carrier or other third party payor to comply with	110194
section 5121.43 of the Revised Code shall neither be subject to	110195
criminal nor civil liability.	110196

Sec. 5122.341. (A) As used in this section:

110197

(1) "Facility or agency" means, in the context of a person	110198
committed to the department of mental health under sections	110199
2945.37 to 2945.402 of the Revised Code, any entity in which the	110200
department of mental health places such a person.	110201

(2) "Person committed to the department" means a person	110202
committed to the department of mental health under sections	110203
2945.37 to 2945.402 of the Revised Code.	110204

(B) No member of a board of directors, or employee, of a	110205
facility or agency in which the department of mental health places	110206
a person committed to the department is liable for injury or	110207
damages caused by any action or inaction taken within the scope of	110208
the board member's official duties or employee's employment	110209
relating to the commitment of, and services provided to, the	110210
person committed to the department, unless the action or inaction	110211
constitutes willful or wanton misconduct. A board member's or	110212
employee's action or inaction does not constitute willful or	110213
wanton misconduct if the board member or employee acted in good	110214
faith and reasonably under the circumstances and with the	110215
knowledge reasonably attributable to the board member or employee.	110216

The immunity from liability conferred by this section is in	110217
addition to and not in limitation of any immunity conferred by any	110218
other section of the Revised Code or by judicial precedent.	110219

Sec. 5123.01. As used in this chapter:

110220

(A) "Chief medical officer" means the licensed physician	110221
appointed by the managing officer of an institution for the	110222
mentally retarded with the approval of the director of	110223
developmental disabilities to provide medical treatment for	110224
residents of the institution.	110225

(B) "Chief program director" means a person with special	110226
training and experience in the diagnosis and management of the	110227
mentally retarded, certified according to division (C) of this	110228
section in at least one of the designated fields, and appointed by	110229
the managing officer of an institution for the mentally retarded	110230
with the approval of the director to provide habilitation and care	110231
for residents of the institution.	110232

(C) "Comprehensive evaluation" means a study, including a	110233
sequence of observations and examinations, of a person leading to	110234
conclusions and recommendations formulated jointly, with	110235
dissenting opinions if any, by a group of persons with special	110236
training and experience in the diagnosis and management of persons	110237
with mental retardation or a developmental disability, which group	110238
shall include individuals who are professionally qualified in the	110239
fields of medicine, psychology, and social work, together with	110240
such other specialists as the individual case may require.	110241

(D) "Education" means the process of formal training and	110242
instruction to facilitate the intellectual and emotional	110243
development of residents.	110244

(E) "Habilitation" means the process by which the staff of	110245
the institution assists the resident in acquiring and maintaining	110246
those life skills that enable the resident to cope more	110247
effectively with the demands of the resident's own person and of	110248
the resident's environment and in raising the level of the	110249
resident's physical, mental, social, and vocational efficiency.	110250
Habilitation includes but is not limited to programs of formal,	110251
structured education and training.	110252

(F) "Health officer" means any public health physician,	110253
public health nurse, or other person authorized or designated by a	110254
city or general health district.	110255

(G) "Home and community-based services" means medicaid-funded	110256
home and community-based services specified in division (B)(1) of	110257
section 5111.87 of the Revised Code provided under the medicaid	110258
waiver components the department of developmental disabilities	110259
administers pursuant to section 5111.871 of the Revised Code.	110260
However, home and community-based services provided under the	110261
medicaid waiver component known as the transitions developmental	110262
disabilities waiver are to be considered to be home and	110263
community-based services for the purposes of this chapter only to	110264
the extent, if any, provided by the contract required by section	110265
5111.871 of the Revised Code regarding the waiver.	110266

(H) "Indigent person" means a person who is unable, without	110267
substantial financial hardship, to provide for the payment of an	110268
attorney and for other necessary expenses of legal representation,	110269
including expert testimony.	110270

(I) "Institution" means a public or private facility, or a	110271
part of a public or private facility, that is licensed by the	110272
appropriate state department and is equipped to provide	110273
residential habilitation, care, and treatment for the mentally	110274
retarded.	110275

(J) "Licensed physician" means a person who holds a valid	110276
certificate issued under Chapter 4731. of the Revised Code	110277
authorizing the person to practice medicine and surgery or	110278
osteopathic medicine and surgery, or a medical officer of the	110279
government of the United States while in the performance of the	110280
officer's official duties.	110281

(K) "Managing officer" means a person who is appointed by the	110282
director of developmental disabilities to be in executive control	110283
of an institution for the mentally retarded under the jurisdiction	110284
of the department.	110285

(L) "Medicaid" has the same meaning as in section 5111.01 of	110286
the Revised Code.	110287

(M) "Medicaid case management services" means case management	110288
services provided to an individual with mental retardation or	110289
other developmental disability that the state medicaid plan	110290
requires.	110291

(N) "Mentally retarded person" means a person having	110292
significantly subaverage general intellectual functioning existing	110293
concurrently with deficiencies in adaptive behavior, manifested	110294
during the developmental period.	110295

(O) "Mentally retarded person subject to institutionalization	110296
by court order" means a person eighteen years of age or older who	110297
is at least moderately mentally retarded and in relation to whom,	110298
because of the person's retardation, either of the following	110299
conditions exist:	110300

(1) The person represents a very substantial risk of physical	110301
impairment or injury to self as manifested by evidence that the	110302
person is unable to provide for and is not providing for the	110303
person's most basic physical needs and that provision for those	110304
needs is not available in the community;	110305

(2) The person needs and is susceptible to significant	110306
habilitation in an institution.	110307

(P) "A person who is at least moderately mentally retarded"	110308
means a person who is found, following a comprehensive evaluation,	110309
to be impaired in adaptive behavior to a moderate degree and to be	110310
functioning at the moderate level of intellectual functioning in	110311
accordance with standard measurements as recorded in the most	110312
current revision of the manual of terminology and classification	110313
in mental retardation published by the American association on	110314
mental retardation.	110315

(Q) As used in this division, "substantial functional	110316
limitation," "developmental delay," and "established risk" have	110317
the meanings established pursuant to section 5123.011 of the	110318
Revised Code.	110319

"Developmental disability" means a severe, chronic disability	110320
that is characterized by all of the following:	110321

(1) It is attributable to a mental or physical impairment or	110322
a combination of mental and physical impairments, other than a	110323
mental or physical impairment solely caused by mental illness as	110324
defined in division (A) of section 5122.01 of the Revised Code.	110325

(2) It is manifested before age twenty-two.

110326

(3) It is likely to continue indefinitely.

110327

(4) It results in one of the following:

110328

(a) In the case of a person under three years of age, at	110329
least one developmental delay or an established risk;	110330

(b) In the case of a person at least three years of age but	110331
under six years of age, at least two developmental delays or an	110332
established risk;	110333

(c) In the case of a person six years of age or older, a	110334
substantial functional limitation in at least three of the	110335
following areas of major life activity, as appropriate for the	110336
person's age: self-care, receptive and expressive language,	110337
learning, mobility, self-direction, capacity for independent	110338
living, and, if the person is at least sixteen years of age,	110339
capacity for economic self-sufficiency.	110340

(5) It causes the person to need a combination and sequence	110341
of special, interdisciplinary, or other type of care, treatment,	110342
or provision of services for an extended period of time that is	110343
individually planned and coordinated for the person.	110344

(R) "Developmentally disabled person" means a person with a	110345
developmental disability.	110346

(S) "State institution" means an institution that is	110347
tax-supported and under the jurisdiction of the department.	110348

(T) "Residence" and "legal residence" have the same meaning	110349
as "legal settlement," which is acquired by residing in Ohio for a	110350
period of one year without receiving general assistance prior to	110351
July 17, 1995, under former Chapter 5113. of the Revised Code,	110352
financial assistance under Chapter 5115. of the Revised Code, or	110353
assistance from a private agency that maintains records of	110354
assistance given. A person having a legal settlement in the state	110355
shall be considered as having legal settlement in the assistance	110356
area in which the person resides. No adult person coming into this	110357
state and having a spouse or minor children residing in another	110358
state shall obtain a legal settlement in this state as long as the	110359
spouse or minor children are receiving public assistance, care, or	110360
support at the expense of the other state or its subdivisions. For	110361
the purpose of determining the legal settlement of a person who is	110362
living in a public or private institution or in a home subject to	110363
licensing by the department of job and family services, the	110364
department of mental health, or the department of developmental	110365
disabilities, the residence of the person shall be considered as	110366
though the person were residing in the county in which the person	110367
was living prior to the person's entrance into the institution or	110368
home. Settlement once acquired shall continue until a person has	110369
been continuously absent from Ohio for a period of one year or has	110370
acquired a legal residence in another state. A woman who marries a	110371
man with legal settlement in any county immediately acquires the	110372
settlement of her husband. The legal settlement of a minor is that	110373
of the parents, surviving parent, sole parent, parent who is	110374
designated the residential parent and legal custodian by a court,	110375
other adult having permanent custody awarded by a court, or	110376
guardian of the person of the minor, provided that:	110377

(1) A minor female who marries shall be considered to have	110378
the legal settlement of her husband and, in the case of death of	110379
her husband or divorce, she shall not thereby lose her legal	110380
settlement obtained by the marriage.	110381

(2) A minor male who marries, establishes a home, and who has	110382
resided in this state for one year without receiving general	110383
assistance prior to July 17, 1995, under former Chapter 5113. of	110384
the Revised Code, financial assistance under Chapter 5115. of the	110385
Revised Code, or assistance from a private agency that maintains	110386
records of assistance given shall be considered to have obtained a	110387
legal settlement in this state.	110388

(3) The legal settlement of a child under eighteen years of	110389
age who is in the care or custody of a public or private child	110390
caring agency shall not change if the legal settlement of the	110391
parent changes until after the child has been in the home of the	110392
parent for a period of one year.	110393

No person, adult or minor, may establish a legal settlement	110394
in this state for the purpose of gaining admission to any state	110395
institution.	110396

(U)(1) "Resident" means, subject to division (R)(2) of this	110397
section, a person who is admitted either voluntarily or	110398
involuntarily to an institution or other facility pursuant to	110399
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	110400
Code subsequent to a finding of not guilty by reason of insanity	110401
or incompetence to stand trial or under this chapter who is under	110402
observation or receiving habilitation and care in an institution.	110403

(2) "Resident" does not include a person admitted to an	110404
institution or other facility under section 2945.39, 2945.40,	110405
2945.401, or 2945.402 of the Revised Code to the extent that the	110406
reference in this chapter to resident, or the context in which the	110407
reference occurs, is in conflict with any provision of sections	110408
2945.37 to 2945.402 of the Revised Code.	110409

(V) "Respondent" means the person whose detention,	110410
commitment, or continued commitment is being sought in any	110411
proceeding under this chapter.	110412

(W) "Working day" and "court day" mean Monday, Tuesday,	110413
Wednesday, Thursday, and Friday, except when such day is a legal	110414
holiday.	110415

(X) "Prosecutor" means the prosecuting attorney, village	110416
solicitor, city director of law, or similar chief legal officer	110417
who prosecuted a criminal case in which a person was found not	110418
guilty by reason of insanity, who would have had the authority to	110419
prosecute a criminal case against a person if the person had not	110420
been found incompetent to stand trial, or who prosecuted a case in	110421
which a person was found guilty.	110422

(Y) "Court" means the probate division of the court of common	110423
pleas.	110424

(Z) "Supported living" ~~has~~and "residential services" have	110425
the same ~~meaning~~meanings as in section 5126.01 of the Revised	110426
Code.	110427

Sec. 5123.0413. The department of developmental	110428
disabilities, in consultation with the department of job and	110429
family services, office of budget and management, and county	110430
boards of developmental disabilities, shall adopt rules in	110431
accordance with Chapter 119. of the Revised Code to establish both	110432
of the following in the event a county property tax levy for	110433
services for individuals with mental retardation or other	110434
developmental disability fails:	110435

(A) A method of paying for home and community-based services;

110436

(B) A method of reducing the number of individuals a county	110437
board would otherwise be required by section 5126.0512 of the	110438
Revised Code to ensure are enrolled in ~~a medicaid waiver component~~	110439
~~under which~~ home and community-based services ~~are provided~~.	110440

Sec. 5123.0417. (A) The director of developmental	110441
disabilities shall establish one or more programs for individuals	110442
under ~~twenty-one~~twenty-two years of age who have intensive	110443
behavioral needs, including such individuals with a primary	110444
diagnosis of autism spectrum disorder. The programs may include	110445
one or more medicaid waiver components that the director	110446
administers pursuant to section 5111.871 of the Revised Code. The	110447
programs may do one or more of the following:	110448

(1) Establish models that incorporate elements common to	110449
effective intervention programs and evidence-based practices in	110450
services for children with intensive behavioral needs;	110451

(2) Design a template for individualized education plans and	110452
individual service plans that provide consistent intervention	110453
programs and evidence-based practices for the care and treatment	110454
of children with intensive behavioral needs;	110455

(3) Disseminate best practice guidelines for use by families	110456
of children with intensive behavioral needs and professionals	110457
working with such families;	110458

(4) Develop a transition planning model for effectively	110459
mainstreaming school-age children with intensive behavioral needs	110460
to their public school district;	110461

(5) Contribute to the field of early and effective	110462
identification and intervention programs for children with	110463
intensive behavioral needs by providing financial support for	110464
scholarly research and publication of clinical findings.	110465

(B) The director of developmental disabilities shall	110466
collaborate with the director of job and family services and	110467
consult with the executive director of the Ohio center for autism	110468
and low incidence and university-based programs that specialize in	110469
services for individuals with developmental disabilities when	110470
establishing programs under this section.	110471

Sec. 5123.0418. (A) In addition to other authority granted	110472
the director of developmental disabilities for use of funds	110473
appropriated to the department of developmental disabilities, the	110474
director may use such funds for the following purposes:	110475

(1) All of the following to assist persons with mental	110476
retardation or a developmental disability remain in the community	110477
and avoid institutionalization:	110478

(a) Behavioral and short-term interventions;

110479

(b) Residential services;

110480

110481

(2) Respite care services;

110482

(3) Staff training to help the following personnel serve	110483
persons with mental retardation or a developmental disability in	110484
the community:	110485

(a) Employees of, and personnel under contract with, county	110486
boards of developmental disabilities;	110487

(b) Employees of providers of supported living;

110488

110489

(d) Other personnel the director identifies.

110490

(B) The director may establish priorities for using funds for	110491
the purposes specified in division (A) of this section. The	110492
director shall use the funds in a manner consistent with the	110493
appropriations that authorize the director to use the funds and	110494
all other state and federal laws governing the use of the funds.	110495

Sec. 5123.0419. (A) The director of developmental	110496
disabilities may establish an interagency workgroup on autism. The	110497
purpose of the workgroup shall be to improve the coordination of	110498
the state's efforts to address the service needs of individuals	110499
with autism spectrum disorders and the families of those	110500
individuals. In fulfilling this purpose, the director may enter	110501
into interagency agreements with the government entities	110502
represented by the members of the workgroup. The agreements may	110503
specify any or all of the following:	110504

(1) The roles and responsibilities of government entities	110505
that enter into the agreements;	110506

(2) Procedures regarding the receipt, transfer, and	110507
expenditure of funds necessary to achieve the goals of the	110508
workgroup;	110509

(3) The projects to be undertaken and activities to be	110510
performed by the government entities that enter into the	110511
agreements.	110512

(B) Money received from government entities represented by	110513
the members of the workgroup shall be deposited into the state	110514
treasury to the credit of the interagency workgroup on autism	110515
fund, which is hereby created in the state treasury. Money	110516
credited to the fund shall be used by the department of	110517
developmental disabilities solely to support the activities of the	110518
workgroup.	110519

Sec. 5123.051. (A) If the department of developmental	110520
disabilities determines pursuant to an audit conducted under	110521
section 5123.05 of the Revised Code ~~or a reconciliation conducted~~	110522
~~under section 5123.18 of the Revised Code~~ that money is owed the	110523
state by a provider of a service or program, the department may	110524
enter into a payment agreement with the provider. The agreement	110525
shall include the following:	110526

(1) A schedule of installment payments whereby the money owed	110527
the state is to be paid in full within a period not to exceed one	110528
year;	110529

(2) A provision that the provider may pay the entire balance	110530
owed at any time during the term of the agreement;	110531

(3) A provision that if any installment is not paid in full	110532
within forty-five days after it is due, the entire balance owed is	110533
immediately due and payable;	110534

(4) Any other terms and conditions that are agreed to by the	110535
department and the provider.	110536

(B) The department may include a provision in a payment	110537
agreement that requires the provider to pay interest on the money	110538
owed the state. The department, in its discretion, shall determine	110539
whether to require the payment of interest and, if it so requires,	110540
the rate of interest. Neither the obligation to pay interest nor	110541
the rate of interest is subject to negotiation between the	110542
department and the provider.	110543

(C) If the provider fails to pay any installment in full	110544
within forty-five days after its due date, the department shall	110545
certify the entire balance owed to the attorney general for	110546
collection under section 131.02 of the Revised Code. The	110547
department may withhold funds from payments made to a provider	110548
under section 5123.18 of the Revised Code to satisfy a judgment	110549
secured by the attorney general.	110550

~~(D) The purchase of service fund is hereby created. Money~~	110551
~~credited to the fund shall be used solely for purposes of section~~	110552
~~5123.05 of the Revised Code.~~	110553

Sec. 5123.171. As used in this section, "respite care" means	110554
appropriate, short-term, temporary care provided to a mentally	110555
retarded or developmentally disabled person to sustain the family	110556
structure or to meet planned or emergency needs of the family.	110557

The department of developmental disabilities shall provide	110558
respite care services to persons with mental retardation or a	110559
developmental disability for the purpose of promoting	110560
self-sufficiency and normalization, preventing or reducing	110561
inappropriate institutional care, and furthering the unity of the	110562
family by enabling the family to meet the special needs of a	110563
mentally retarded or developmentally disabled person.	110564

In order to be eligible for respite care services under this	110565
section, the mentally retarded or developmentally disabled person	110566
must be in need of habilitation services as defined in section	110567
5126.01 of the Revised Code.	110568

Respite care may be provided in a facility licensed under	110569
section 5123.19 of the Revised Code or certified as an	110570
intermediate care facility for the mentally retarded under Title	110571
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	110572
301, as amended, or certified as a respite care home under section	110573
5126.05 of the Revised Code.	110574

The department shall develop a system for locating vacant	110575
beds that are available for respite care and for making	110576
information on vacant beds available to users of respite care	110577
services. Facilities certified as intermediate care facilities for	110578
the mentally retarded ~~and facilities holding contracts with the~~	110579
~~department for the provision of residential services under section~~	110580
~~5123.18 of the Revised Code~~ shall report vacant beds to the	110581
department but shall not be required to accept respite care	110582
clients.	110583

The director of developmental disabilities shall adopt, and	110584
may amend or rescind, rules in accordance with Chapter 119. of the	110585
Revised Code for both of the following:	110586

(A) Certification by county boards of developmental	110587
disabilities of respite care homes;	110588

(B) Provision of respite care services authorized by this	110589
section. Rules adopted under this division shall establish all of	110590
the following:	110591

(1) A formula for distributing funds appropriated for respite	110592
care services;	110593

(2) Standards for supervision, training and quality control	110594
in the provision of respite care services;	110595

(3) Eligibility criteria for emergency respite care services.

110596

Sec. 5123.18. (A) ~~As used in this section:~~

110597

~~(1) "Contractor" means a person or government agency that~~	110598
~~enters into a contract with the department of developmental~~	110599
~~disabilities under this section.~~	110600

~~(2) "Government agency" means a state agency as defined in~~	110601
~~section 117.01 of the Revised Code or a similar agency of a~~	110602
~~political subdivision of the state.~~	110603

~~(3) "Residential services" means the services necessary for~~	110604
~~an individual with mental retardation or a developmental~~	110605
~~disability to live in the community, including room and board,~~	110606
~~clothing, transportation, personal care, habilitation,~~	110607
~~supervision, and any other services the department considers~~	110608
~~necessary for the individual to live in the community.~~	110609

~~(B)(1)~~ The department of developmental disabilities may enter	110610
into a contract with a person or government agency to provide	110611
residential services to individuals with mental retardation or	110612
developmental disabilities in need of residential ~~services.~~	110613
~~Contracts for residential services shall be of the following~~	110614
~~types:~~	110615

~~(a) Companion home contracts - contracts under which the~~	110616
~~contractor is an individual, the individual is the primary~~	110617
~~caregiver, and the individual owns or leases and resides in the~~	110618
~~home in which the services are provided.~~	110619

~~(b) Agency-operated companion home contracts - contracts~~	110620
~~under which the contractor subcontracts, for purposes of~~	110621
~~coordinating the provision of residential services, with one or~~	110622
~~more individuals who are primary caregivers and own or lease and~~	110623
~~reside in the homes in which the services are provided.~~	110624

~~(c) Community home contracts - contracts for residential~~	110625
~~services under which the contractor owns or operates a home that~~	110626
~~is used solely to provide residential services.~~	110627

~~(d) Combined agency-operated companion home and community~~	110628
~~home contracts.~~	110629

~~(2) A companion home contract shall cover not more than one~~	110630
~~home. An agency-operated companion home contract or a community~~	110631
~~home contract may cover more than one home.~~	110632

~~(C) Contracts shall be in writing and shall provide for~~	110633
~~payment to be made to the contractor at the times agreed to by the~~	110634
~~department and the contractor. Each contract shall specify the~~	110635
~~period during which it is valid, the amount to be paid for~~	110636
~~residential services, and the number of individuals for whom~~	110637
~~payment will be made. Contracts may be renewed.~~	110638

~~(D)~~services. To be eligible to enter into a contract with	110639
the department under this section, ~~the~~a person or government	110640
~~agency~~entity and the home in which the residential services are	110641
provided must meet all applicable standards for licensing or	110642
certification by the appropriate government ~~agency~~entity. In	110643
~~addition, if the residential facility is operated as a nonprofit~~	110644
~~entity, the members of the board of trustees or board of directors~~	110645
~~of the facility must not have a financial interest in or receive~~	110646
~~financial benefit from the facility, other than reimbursement for~~	110647
~~actual expenses incurred in attending board meetings.~~	110648

~~(E)(1) The department shall determine the payment amount~~	110649
~~assigned to an initial contract. To the extent that the department~~	110650
~~determines sufficient funds are available, the payment amount~~	110651
~~assigned to an initial contract shall be equal to the average~~	110652
~~amount assigned to contracts for other homes that are of the same~~	110653
~~type and size and serve individuals with similar needs, except~~	110654
~~that if an initial contract is the result of a change of~~	110655
~~contractor or ownership, the payment amount assigned to the~~	110656
~~contract shall be the lesser of the amount assigned to the~~	110657
~~previous contract or the contract's total adjusted predicted~~	110658
~~funding need calculated under division (I) of this section.~~	110659

~~(2) A renewed contract shall be assigned a payment amount in~~	110660
~~accordance with division (K) of this section.~~	110661

~~(3) When a contractor relocates a home to another site at~~	110662
~~which residential services are provided to the same individuals,~~	110663
~~the payment amount assigned to the contract for the new home shall~~	110664
~~be the payment amount assigned to the contract at the previous~~	110665
~~location.~~	110666

~~(F)(1) Annually, a contractor shall complete an assessment of~~	110667
~~each individual to whom the contractor provides residential~~	110668
~~services to predict the individual's need for routine direct~~	110669
~~services staff. The department shall establish by rule adopted in~~	110670
~~accordance with Chapter 119. of the Revised Code the assessment~~	110671
~~instrument to be used by contractors to make assessments.~~	110672
~~Assessments shall be submitted to the department not later than~~	110673
~~the thirty-first day of January of each year.~~	110674

~~A contractor shall submit a revised assessment for an~~	110675
~~individual if there is a substantial, long-term change in the~~	110676
~~nature of the individual's needs. A contractor shall submit~~	110677
~~revised assessments for all individuals receiving residential~~	110678
~~services if there is a change in the composition of the home's~~	110679
~~residents.~~	110680

~~(2) Annually, a contractor shall submit a cost report to the~~	110681
~~department specifying the costs incurred in providing residential~~	110682
~~services during the immediately preceding calendar year. Only~~	110683
~~costs actually incurred by a contractor shall be reported on a~~	110684
~~cost report. Cost reports shall be prepared according to a uniform~~	110685
~~chart of accounts approved by the department and shall be~~	110686
~~submitted on forms prescribed by the department.~~	110687

~~(3) The department shall not renew the contract held by a~~	110688
~~contractor who fails to submit the assessments or cost reports~~	110689
~~required under this division.~~	110690

~~(4) The department shall adopt rules as necessary regarding~~	110691
~~the submission of assessments and cost reports under this~~	110692
~~division. The rules shall be adopted in accordance with Chapter~~	110693
~~119. of the Revised Code.~~	110694

~~(G) Prior to renewing a contract entered into under this~~	110695
~~section, the department shall compute the contract's total~~	110696
~~predicted funding need and total adjusted predicted funding need.~~	110697
~~The department shall also compute the contract's unmet funding~~	110698
~~need if the payment amount assigned to the contract is less than~~	110699
~~the total adjusted predicted funding need. The results of these~~	110700
~~calculations shall be used to determine the payment amount~~	110701
~~assigned to the renewed contract.~~	110702

~~(H)(1) A contract's total predicted funding need is an amount~~	110703
~~equal to the sum of the predicted funding needs for the following~~	110704
~~cost categories:~~	110705

~~(a) Routine direct services staff;~~

110706

~~(b) Dietary, program supplies, and specialized staff;~~

110707

~~(c) Facility and general services;~~

110708

~~(d) Administration.~~

110709

~~(2) Based on the assessments submitted by the contractor, the~~	110710
~~department shall compute the contract's predicted funding need for~~	110711
~~the routine direct services staff cost category by multiplying the~~	110712
~~number of direct services staff predicted to be necessary for the~~	110713
~~home by the sum of the following:~~	110714

~~(a) Entry level wages paid during the immediately preceding~~	110715
~~cost reporting period to comparable staff employed by the county~~	110716
~~board of developmental disabilities of the county in which the~~	110717
~~home is located;~~	110718

~~(b) Fringe benefits and payroll taxes as determined by the~~	110719
~~department using state civil service statistics from the same~~	110720
~~period as the cost reporting period.~~	110721

~~(3) The department shall establish by rule adopted in~~	110722
~~accordance with Chapter 119. of the Revised Code the method to be~~	110723
~~used to compute the predicted funding need for the dietary,~~	110724
~~program supplies, and specialized staff cost category; the~~	110725
~~facility and general services cost category; and the~~	110726
~~administration cost category. The rules shall not establish a~~	110727
~~maximum amount that may be attributed to the dietary, program~~	110728
~~supplies, and specialized staff cost category. The rules shall~~	110729
~~establish a process for determining the combined maximum amount~~	110730
~~that may be attributed to the facility and general services cost~~	110731
~~category and the administration cost category.~~	110732

~~(I)(1) A contract's total adjusted predicted funding need is~~	110733
~~the contract's total predicted funding need with adjustments made~~	110734
~~for the following:~~	110735

~~(a) Inflation, as provided under division (I)(2) of this~~	110736
~~section;~~	110737

~~(b) The predicted cost of complying with new requirements~~	110738
~~established under federal or state law that were not taken into~~	110739
~~consideration when the total predicted funding need was computed;~~	110740

~~(c) Changes in needs based on revised assessments submitted~~	110741
~~by the contractor.~~	110742

~~(2) In adjusting the total predicted funding need for~~	110743
~~inflation, the department shall use either the consumer price~~	110744
~~index compound annual inflation rate calculated by the United~~	110745
~~States department of labor for all items or another index or~~	110746
~~measurement of inflation designated in rules that the department~~	110747
~~shall adopt in accordance with Chapter 119. of the Revised Code.~~	110748

~~When a contract is being renewed for the first time, and the~~	110749
~~contract is to begin on the first day of July, the inflation~~	110750
~~adjustment applied to the contract's total predicted funding need~~	110751
~~shall be the estimated rate of inflation for the calendar year in~~	110752
~~which the contract is renewed. If the consumer price index is~~	110753
~~being used, the department shall base its estimate on the rate of~~	110754
~~inflation calculated for the three-month period ending the~~	110755
~~thirty-first day of March of that calendar year. If another index~~	110756
~~or measurement is being used, the department shall base its~~	110757
~~estimate on the most recent calculations of the rate of inflation~~	110758
~~available under the index or measurement. Each year thereafter,~~	110759
~~the inflation adjustment shall be estimated in the same manner,~~	110760
~~except that if the estimated rate of inflation for a year is~~	110761
~~different from the actual rate of inflation for that year, the~~	110762
~~difference shall be added to or subtracted from the rate of~~	110763
~~inflation estimated for the next succeeding year.~~	110764

~~If a contract begins at any time other than July first, the~~	110765
~~inflation adjustment applied to the contract's total predicted~~	110766
~~funding need shall be determined by a method comparable to that~~	110767
~~used for contracts beginning July first. The department shall~~	110768
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	110769
~~establishing the method to be used.~~	110770

~~(J) A contract's unmet funding need is the difference between~~	110771
~~the payment amount assigned to the contract and the total adjusted~~	110772
~~predicted funding need, if the payment amount assigned is less~~	110773
~~than the total adjusted predicted funding need.~~	110774

~~(K) The payment amount to be assigned to a contract being~~	110775
~~renewed shall be determined by comparing the total adjusted~~	110776
~~predicted funding need with the payment amount assigned to the~~	110777
~~current contract.~~	110778

~~(1) If the payment amount assigned to the current contract~~	110779
~~equals or exceeds the total adjusted predicted funding need, the~~	110780
~~payment amount assigned to the renewed contract shall be the same~~	110781
~~as that assigned to the current contract, unless a reduction is~~	110782
~~made pursuant to division (L) of this section.~~	110783

~~(2) If the payment amount assigned to the current contract is~~	110784
~~less than the total adjusted predicted funding need, the payment~~	110785
~~amount assigned to the renewed contract shall be increased if the~~	110786
~~department determines that funds are available for such increases.~~	110787
~~The amount of a contract's increase shall be the same percentage~~	110788
~~of the available funds that the contract's unmet funding need is~~	110789
~~of the total of the unmet funding need for all contracts.~~	110790

~~(L) When renewing a contract provided for in division (B) of~~	110791
~~this section other than a companion home contract, the department~~	110792
~~may reduce the payment amount assigned to a renewed contract if~~	110793
~~the sum of the contractor's allowable reported costs and the~~	110794
~~maximum efficiency incentive is less than ninety-one and one-half~~	110795
~~per cent of the amount received pursuant to this section during~~	110796
~~the immediately preceding contract year.~~	110797

~~The department shall adopt rules in accordance with Chapter~~	110798
~~119. of the Revised Code establishing a formula to be used in~~	110799
~~computing the maximum efficiency incentive, which shall be at~~	110800
~~least four per cent of the weighted average payment amount to be~~	110801
~~made to all contractors during the contract year. The maximum~~	110802
~~efficiency incentive shall be computed annually.~~	110803

~~(M) The department may increase the payment amount assigned~~	110804
~~to a contract based on the contract's unmet funding need at times~~	110805
~~other than when the contract is renewed. The department may~~	110806
~~develop policies for determining priorities in making such~~	110807
~~increases.~~	110808

~~(N)(1) In addition to the contracts provided for in division~~	110809
~~(B) of this section, the department may enter into the following~~	110810
~~contracts:~~	110811

~~(a) A contract to pay the cost of beginning operation of a~~	110812
~~new home that is to be funded under a companion home contract,~~	110813
~~agency-operated companion home contract, community home contract,~~	110814
~~or combined agency-operated companion home and community home~~	110815
~~contract.~~	110816

~~(b) A contract to pay the cost associated with increasing the~~	110817
~~number of individuals served by a home funded under a companion~~	110818
~~home contract, agency-operated companion home contract, community~~	110819
~~home contract, or combined agency-operated companion home and~~	110820
~~community home contract.~~	110821

~~(2) The department shall adopt rules as necessary regarding~~	110822
~~contracts entered into under this division. The rules shall be~~	110823
~~adopted in accordance with Chapter 119. of the Revised Code.~~	110824

~~(O) Except for companion home contracts, the department shall~~	110825
~~conduct a reconciliation of the amount earned under a contract and~~	110826
~~the actual costs incurred by the contractor. An amount is~~	110827
~~considered to have been earned for delivering a service at the~~	110828
~~time the service is delivered. The department shall adopt rules in~~	110829
~~accordance with Chapter 119. of the Revised Code establishing~~	110830
~~procedures for conducting reconciliations.~~	110831

~~A reconciliation shall be based on the annual cost report~~	110832
~~submitted by the contractor. If a reconciliation reveals that a~~	110833
~~contractor owes money to the state, the amount owed shall be~~	110834
~~collected in accordance with section 5123.051 of the Revised Code.~~	110835

~~When conducting reconciliations, the department shall review~~	110836
~~all reported costs that may be affected by transactions required~~	110837
~~to be reported under division (B)(3) of section 5123.172 of the~~	110838
~~Revised Code. If the department determines that such transactions~~	110839
~~have increased the cost reported by a contractor, the department~~	110840
~~may disallow or adjust the cost allowable for payment. The~~	110841
~~department shall adopt rules in accordance with Chapter 119. of~~	110842
~~the Revised Code establishing standards for disallowances or~~	110843
~~adjustments.~~	110844

~~(P) The department may audit the contracts it enters into~~	110845
~~under this section. Audits may be conducted by the department or~~	110846
~~an entity with which the department contracts to perform the~~	110847
~~audits. The department shall adopt rules in accordance with~~	110848
~~Chapter 119. of the Revised Code establishing procedures for~~	110849
~~conducting audits.~~	110850

~~An audit may include the examination of a contractor's~~	110851
~~financial books and records, the costs incurred by a contractor in~~	110852
~~providing residential services, and any other relevant information~~	110853
~~specified by the department. An audit shall not be commenced more~~	110854
~~than four years after the expiration of the contract to be~~	110855
~~audited, except in cases where the department has reasonable cause~~	110856
~~to believe that a contractor has committed fraud.~~	110857

~~If an audit reveals that a contractor owes money to the~~	110858
~~state, the amount owed, subject to an adjudication hearing under~~	110859
~~this division, shall be collected in accordance with section~~	110860
~~5123.051 of the Revised Code. If an audit reveals that a~~	110861
~~reconciliation conducted under this section resulted in the~~	110862
~~contractor erroneously paying money to the state, the department~~	110863
~~shall refund the money to the contractor, or, in lieu of making a~~	110864
~~refund, the department may offset the erroneous payment against~~	110865
~~any money determined as a result of the audit to be owed by the~~	110866
~~contractor to the state. The department is not required to pay~~	110867
~~interest on any money refunded under this division.~~	110868

~~In conducting audits or making determinations of amounts owed~~	110869
~~by a contractor and amounts to be refunded or offset, the~~	110870
~~department shall not be bound by the results of reconciliations~~	110871
~~conducted under this section, except with regard to cases~~	110872
~~involving claims that have been certified pursuant to section~~	110873
~~5123.051 of the Revised Code to the attorney general for~~	110874
~~collection for which a full and final settlement has been reached~~	110875
~~or a final judgment has been made from which all rights of appeal~~	110876
~~have expired or been exhausted.~~	110877

~~Not later than ninety days after an audit's completion, the~~	110878
~~department shall provide the contractor a copy of a report of the~~	110879
~~audit. The report shall state the findings of the audit, including~~	110880
~~the amount of any money the contractor is determined to owe the~~	110881
~~state.~~	110882

~~(Q) The department shall adopt rules specifying the amount~~	110883
~~that will be allowed under a reconciliation or audit for the cost~~	110884
~~incurred by a contractor for compensation of owners,~~	110885
~~administrators, and other personnel. The rules shall be adopted in~~	110886
~~accordance with Chapter 119. of the Revised Code.~~	110887

~~(R) Each contractor shall, for at least seven years, maintain~~	110888
~~fiscal records related to payments received pursuant to this~~	110889
~~section.~~	110890

~~(S) The department may enter into shared funding agreements~~	110891
~~with other government agencies to fund contracts entered into~~	110892
~~under this section. The amount of each agency's share of the cost~~	110893
~~shall be determined through negotiations with the department. The~~	110894
~~department's share shall not exceed the amount it would have paid~~	110895
~~without entering into the shared funding agreement, nor shall it~~	110896
~~be reduced by any amounts contributed by the other parties to the~~	110897
~~agreement.~~	110898

~~(T) Except as provided in section 5123.194 of the Revised~~	110899
~~Code, an individual who receives residential services pursuant to~~	110900
~~divisions (A) through (U) of this section and the individual's~~	110901
~~liable relatives or guardians shall pay support charges in~~	110902
~~accordance with Chapter 5121. of the Revised Code.~~	110903

~~(U) The department may make reimbursements or payments for~~	110904
~~any of the following pursuant to rules adopted under this~~	110905
~~division:~~	110906

~~(1) Unanticipated, nonrecurring costs associated with the~~	110907
~~health or habilitation of a person who resides in a home funded~~	110908
~~under a contract provided for in division (B) of this section;~~	110909

~~(2) The cost of staff development training for contractors if~~	110910
~~the director of developmental disabilities has given prior~~	110911
~~approval for the training;~~	110912

~~(3) Fixed costs that the department, pursuant to the rules,~~	110913
~~determines relate to the continued operation of a home funded~~	110914
~~under a contract provided for in division (B) of this section when~~	110915
~~a short term vacancy occurs and the contractor has diligently~~	110916
~~attempted to fill the vacancy.~~	110917

~~The department shall adopt rules in accordance with Chapter~~	110918
~~119. of the Revised Code establishing standards for use in~~	110919
~~determining which costs it may make payment or reimbursements for~~	110920
~~under this division.~~	110921

~~(V) In addition to the rules required or authorized to be~~	110922
~~adopted under this section, the department may adopt any other~~	110923
~~rules necessary to implement divisions (A) through (U) of this~~	110924
~~section. The rules shall be adopted in accordance with Chapter~~	110925
~~119. of the Revised Code.~~	110926

~~(W) The department may delegate to county boards of~~	110927
~~developmental disabilities its authority under this section to~~	110928
~~negotiate and enter into contracts or subcontracts for residential~~	110929
~~services. In the event that it elects to delegate its authority,~~	110930
~~the department shall adopt rules in accordance with Chapter 119.~~	110931
~~of the Revised Code for the boards' administration of the~~	110932
~~contracts or subcontracts. In administering the contracts or~~	110933
~~subcontracts, the boards shall be subject to all applicable~~	110934
~~provisions of Chapter 5126. of the Revised Code and shall not be~~	110935
~~subject to the provisions of divisions (A) to (V) of this section.~~	110936

~~Subject to the department's rules, a board may require the~~	110937
~~following to contribute to the cost of the residential services an~~	110938
~~individual receives pursuant to this division: the individual or~~	110939
~~the individual's estate, the individual's spouse, the individual's~~	110940
~~guardian, and, if the individual is under age eighteen, either or~~	110941
~~both of the individual's parents. Chapter 5121. of the Revised~~	110942
~~Code shall not apply to individuals or entities that are subject~~	110943
~~to making contributions under this division. In calculating~~	110944
~~contributions to be made under this division, a board, subject to~~	110945
~~the department's rules, may allow an amount to be kept for meeting~~	110946
~~the personal needs of the individual who receives residential~~	110947
~~services.~~	110948

Sec. 5123.19. (A) As used in this section and in sections	110949
5123.191, ~~5123.193,~~ 5123.194, 5123.196, 5123.197, 5123.198, and	110950
5123.20 of the Revised Code:	110951

(1)(a) "Residential facility" means a home or facility in	110952
which a mentally retarded or developmentally disabled person	110953
resides, except the home of a relative or legal guardian in which	110954
a mentally retarded or developmentally disabled person resides, a	110955
respite care home certified under section 5126.05 of the Revised	110956
Code, a county home or district home operated pursuant to Chapter	110957
5155. of the Revised Code, or a dwelling in which the only	110958
mentally retarded or developmentally disabled residents are in an	110959
independent living arrangement or are being provided supported	110960
living.	110961

(b) "Intermediate care facility for the mentally retarded"	110962
means a residential facility that is considered an intermediate	110963
care facility for the mentally retarded for the purposes of	110964
Chapter 5111. of the Revised Code.	110965

(2) "Political subdivision" means a municipal corporation,	110966
county, or township.	110967

(3) "Independent living arrangement" means an arrangement in	110968
which a mentally retarded or developmentally disabled person	110969
resides in an individualized setting chosen by the person or the	110970
person's guardian, which is not dedicated principally to the	110971
provision of residential services for mentally retarded or	110972
developmentally disabled persons, and for which no financial	110973
support is received for rendering such service from any	110974
governmental agency by a provider of residential services.	110975

(4) "Licensee" means the person or government agency that has	110976
applied for a license to operate a residential facility and to	110977
which the license was issued under this section.	110978

(5) "Related party" has the same meaning as in section	110979
5123.16 of the Revised Code except that "provider" as used in the	110980
definition of "related party" means a person or government entity	110981
that held or applied for a license to operate a residential	110982
facility, rather than a person or government entity certified to	110983
provide supported living.	110984

(B) Every person or government agency desiring to operate a	110985
residential facility shall apply for licensure of the facility to	110986
the director of developmental disabilities unless the residential	110987
facility is subject to section 3721.02, ~~3722.04~~5119.73, 5103.03,	110988
or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of	110989
the Revised Code, a nursing home that is certified as an	110990
intermediate care facility for the mentally retarded under Title	110991
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	110992
1396, as amended, shall apply for licensure of the portion of the	110993
home that is certified as an intermediate care facility for the	110994
mentally retarded.	110995

(C) Subject to section 5123.196 of the Revised Code, the	110996
director of developmental disabilities shall license the operation	110997
of residential facilities. An initial license shall be issued for	110998
a period that does not exceed one year, unless the director denies	110999
the license under division (D) of this section. A license shall be	111000
renewed for a period that does not exceed three years, unless the	111001
director refuses to renew the license under division (D) of this	111002
section. The director, when issuing or renewing a license, shall	111003
specify the period for which the license is being issued or	111004
renewed. A license remains valid for the length of the licensing	111005
period specified by the director, unless the license is	111006
terminated, revoked, or voluntarily surrendered.	111007

(D) If it is determined that an applicant or licensee is not	111008
in compliance with a provision of this chapter that applies to	111009
residential facilities or the rules adopted under such a	111010
provision, the director may deny issuance of a license, refuse to	111011
renew a license, terminate a license, revoke a license, issue an	111012
order for the suspension of admissions to a facility, issue an	111013
order for the placement of a monitor at a facility, issue an order	111014
for the immediate removal of residents, or take any other action	111015
the director considers necessary consistent with the director's	111016
authority under this chapter regarding residential facilities. In	111017
the director's selection and administration of the sanction to be	111018
imposed, all of the following apply:	111019

(1) The director may deny, refuse to renew, or revoke a	111020
license, if the director determines that the applicant or licensee	111021
has demonstrated a pattern of serious noncompliance or that a	111022
violation creates a substantial risk to the health and safety of	111023
residents of a residential facility.	111024

(2) The director may terminate a license if more than twelve	111025
consecutive months have elapsed since the residential facility was	111026
last occupied by a resident or a notice required by division (K)	111027
of this section is not given.	111028

(3) The director may issue an order for the suspension of	111029
admissions to a facility for any violation that may result in	111030
sanctions under division (D)(1) of this section and for any other	111031
violation specified in rules adopted under division (H)(2) of this	111032
section. If the suspension of admissions is imposed for a	111033
violation that may result in sanctions under division (D)(1) of	111034
this section, the director may impose the suspension before	111035
providing an opportunity for an adjudication under Chapter 119. of	111036
the Revised Code. The director shall lift an order for the	111037
suspension of admissions when the director determines that the	111038
violation that formed the basis for the order has been corrected.	111039

(4) The director may order the placement of a monitor at a	111040
residential facility for any violation specified in rules adopted	111041
under division (H)(2) of this section. The director shall lift the	111042
order when the director determines that the violation that formed	111043
the basis for the order has been corrected.	111044

(5) If the director determines that two or more residential	111045
facilities owned or operated by the same person or government	111046
entity are not being operated in compliance with a provision of	111047
this chapter that applies to residential facilities or the rules	111048
adopted under such a provision, and the director's findings are	111049
based on the same or a substantially similar action, practice,	111050
circumstance, or incident that creates a substantial risk to the	111051
health and safety of the residents, the director shall conduct a	111052
survey as soon as practicable at each residential facility owned	111053
or operated by that person or government entity. The director may	111054
take any action authorized by this section with respect to any	111055
facility found to be operating in violation of a provision of this	111056
chapter that applies to residential facilities or the rules	111057
adopted under such a provision.	111058

(6) When the director initiates license revocation	111059
proceedings, no opportunity for submitting a plan of correction	111060
shall be given. The director shall notify the licensee by letter	111061
of the initiation of the proceedings. The letter shall list the	111062
deficiencies of the residential facility and inform the licensee	111063
that no plan of correction will be accepted. The director shall	111064
also send a copy of the letter to the county board of	111065
developmental disabilities. The county board shall send a copy of	111066
the letter to each of the following:	111067

(a) Each resident who receives services from the licensee;

111068

(b) The guardian of each resident who receives services from	111069
the licensee if the resident has a guardian;	111070

(c) The parent or guardian of each resident who receives	111071
services from the licensee if the resident is a minor.	111072

(7) Pursuant to rules which shall be adopted in accordance	111073
with Chapter 119. of the Revised Code, the director may order the	111074
immediate removal of residents from a residential facility	111075
whenever conditions at the facility present an immediate danger of	111076
physical or psychological harm to the residents.	111077

(8) In determining whether a residential facility is being	111078
operated in compliance with a provision of this chapter that	111079
applies to residential facilities or the rules adopted under such	111080
a provision, or whether conditions at a residential facility	111081
present an immediate danger of physical or psychological harm to	111082
the residents, the director may rely on information obtained by a	111083
county board of developmental disabilities or other governmental	111084
agencies.	111085

(9) In proceedings initiated to deny, refuse to renew, or	111086
revoke licenses, the director may deny, refuse to renew, or revoke	111087
a license regardless of whether some or all of the deficiencies	111088
that prompted the proceedings have been corrected at the time of	111089
the hearing.	111090

(E) The director shall establish a program under which public	111091
notification may be made when the director has initiated license	111092
revocation proceedings or has issued an order for the suspension	111093
of admissions, placement of a monitor, or removal of residents.	111094
The director shall adopt rules in accordance with Chapter 119. of	111095
the Revised Code to implement this division. The rules shall	111096
establish the procedures by which the public notification will be	111097
made and specify the circumstances for which the notification must	111098
be made. The rules shall require that public notification be made	111099
if the director has taken action against the facility in the	111100
eighteen-month period immediately preceding the director's latest	111101
action against the facility and the latest action is being taken	111102
for the same or a substantially similar violation of a provision	111103
of this chapter that applies to residential facilities or the	111104
rules adopted under such a provision. The rules shall specify a	111105
method for removing or amending the public notification if the	111106
director's action is found to have been unjustified or the	111107
violation at the residential facility has been corrected.	111108

(F)(1) Except as provided in division (F)(2) of this section,	111109
appeals from proceedings initiated to impose a sanction under	111110
division (D) of this section shall be conducted in accordance with	111111
Chapter 119. of the Revised Code.	111112

(2) Appeals from proceedings initiated to order the	111113
suspension of admissions to a facility shall be conducted in	111114
accordance with Chapter 119. of the Revised Code, unless the order	111115
was issued before providing an opportunity for an adjudication, in	111116
which case all of the following apply:	111117

(a) The licensee may request a hearing not later than ten	111118
days after receiving the notice specified in section 119.07 of the	111119
Revised Code.	111120

(b) If a timely request for a hearing that includes the	111121
licensee's current address is made, the hearing shall commence not	111122
later than thirty days after the department receives the request.	111123

(c) After commencing, the hearing shall continue	111124
uninterrupted, except for Saturdays, Sundays, and legal holidays,	111125
unless other interruptions are agreed to by the licensee and the	111126
director.	111127

(d) If the hearing is conducted by a hearing examiner, the	111128
hearing examiner shall file a report and recommendations not later	111129
than ten days after the last of the following:	111130

(i) The close of the hearing;

111131

(ii) If a transcript of the proceedings is ordered, the	111132
hearing examiner receives the transcript;	111133

(iii) If post-hearing briefs are timely filed, the hearing	111134
examiner receives the briefs.	111135

(e) A copy of the written report and recommendation of the	111136
hearing examiner shall be sent, by certified mail, to the licensee	111137
and the licensee's attorney, if applicable, not later than five	111138
days after the report is filed.	111139

(f) Not later than five days after the hearing examiner files	111140
the report and recommendations, the licensee may file objections	111141
to the report and recommendations.	111142

(g) Not later than fifteen days after the hearing examiner	111143
files the report and recommendations, the director shall issue an	111144
order approving, modifying, or disapproving the report and	111145
recommendations.	111146

(h) Notwithstanding the pendency of the hearing, the director	111147
shall lift the order for the suspension of admissions when the	111148
director determines that the violation that formed the basis for	111149
the order has been corrected.	111150

(G) Neither a person or government agency whose application	111151
for a license to operate a residential facility is denied nor a	111152
related party of the person or government agency may apply for a	111153
license to operate a residential facility before the date that is	111154
one year after the date of the denial. Neither a licensee whose	111155
residential facility license is revoked nor a related party of the	111156
licensee may apply for a residential facility license before the	111157
date that is five years after the date of the revocation.	111158

(H) In accordance with Chapter 119. of the Revised Code, the	111159
director shall adopt and may amend and rescind rules for licensing	111160
and regulating the operation of residential facilities, including	111161
intermediate care facilities for the mentally retarded. The rules	111162
for intermediate care facilities for the mentally retarded may	111163
differ from those for other residential facilities. The rules	111164
shall establish and specify the following:	111165

(1) Procedures and criteria for issuing and renewing	111166
licenses, including procedures and criteria for determining the	111167
length of the licensing period that the director must specify for	111168
each license when it is issued or renewed;	111169

(2) Procedures and criteria for denying, refusing to renew,	111170
terminating, and revoking licenses and for ordering the suspension	111171
of admissions to a facility, placement of a monitor at a facility,	111172
and the immediate removal of residents from a facility;	111173

(3) Fees for issuing and renewing licenses, which shall be	111174
deposited into the program fee fund created under section 5123.033	111175
of the Revised Code;	111176

(4) Procedures for surveying residential facilities;

111177

(5) Requirements for the training of residential facility	111178
personnel;	111179

(6) Classifications for the various types of residential	111180
facilities;	111181

(7) Certification procedures for licensees and management	111182
contractors that the director determines are necessary to ensure	111183
that they have the skills and qualifications to properly operate	111184
or manage residential facilities;	111185

(8) The maximum number of persons who may be served in a	111186
particular type of residential facility;	111187

(9) Uniform procedures for admission of persons to and	111188
transfers and discharges of persons from residential facilities;	111189

(10) Other standards for the operation of residential	111190
facilities and the services provided at residential facilities;	111191

(11) Procedures for waiving any provision of any rule adopted	111192
under this section.	111193

(I) Before issuing a license, the director of the department	111194
or the director's designee shall conduct a survey of the	111195
residential facility for which application is made. The director	111196
or the director's designee shall conduct a survey of each licensed	111197
residential facility at least once during the period the license	111198
is valid and may conduct additional inspections as needed. A	111199
survey includes but is not limited to an on-site examination and	111200
evaluation of the residential facility, its personnel, and the	111201
services provided there.	111202

In conducting surveys, the director or the director's	111203
designee shall be given access to the residential facility; all	111204
records, accounts, and any other documents related to the	111205
operation of the facility; the licensee; the residents of the	111206
facility; and all persons acting on behalf of, under the control	111207
of, or in connection with the licensee. The licensee and all	111208
persons on behalf of, under the control of, or in connection with	111209
the licensee shall cooperate with the director or the director's	111210
designee in conducting the survey.	111211

Following each survey, unless the director initiates a	111212
license revocation proceeding, the director or the director's	111213
designee shall provide the licensee with a report listing any	111214
deficiencies, specifying a timetable within which the licensee	111215
shall submit a plan of correction describing how the deficiencies	111216
will be corrected, and, when appropriate, specifying a timetable	111217
within which the licensee must correct the deficiencies. After a	111218
plan of correction is submitted, the director or the director's	111219
designee shall approve or disapprove the plan. A copy of the	111220
report and any approved plan of correction shall be provided to	111221
any person who requests it.	111222

The director shall initiate disciplinary action against any	111223
department employee who notifies or causes the notification to any	111224
unauthorized person of an unannounced survey of a residential	111225
facility by an authorized representative of the department.	111226

(J) In addition to any other information which may be	111227
required of applicants for a license pursuant to this section, the	111228
director shall require each applicant to provide a copy of an	111229
approved plan for a proposed residential facility pursuant to	111230
section 5123.042 of the Revised Code. This division does not apply	111231
to renewal of a license or to an applicant for an initial or	111232
modified license who meets the requirements of section 5123.193 or	111233
5123.197 of the Revised Code.	111234

(K) A licensee shall notify the owner of the building in	111235
which the licensee's residential facility is located of any	111236
significant change in the identity of the licensee or management	111237
contractor before the effective date of the change if the licensee	111238
is not the owner of the building.	111239

Pursuant to rules which shall be adopted in accordance with	111240
Chapter 119. of the Revised Code, the director may require	111241
notification to the department of any significant change in the	111242
ownership of a residential facility or in the identity of the	111243
licensee or management contractor. If the director determines that	111244
a significant change of ownership is proposed, the director shall	111245
consider the proposed change to be an application for development	111246
by a new operator pursuant to section 5123.042 of the Revised Code	111247
and shall advise the applicant within sixty days of the	111248
notification that the current license shall continue in effect or	111249
a new license will be required pursuant to this section. If the	111250
director requires a new license, the director shall permit the	111251
facility to continue to operate under the current license until	111252
the new license is issued, unless the current license is revoked,	111253
refused to be renewed, or terminated in accordance with Chapter	111254
119. of the Revised Code.	111255

(L) A county board of developmental disabilities, the legal	111256
rights service, and any interested person may file complaints	111257
alleging violations of statute or department rule relating to	111258
residential facilities with the department. All complaints shall	111259
be in writing and shall state the facts constituting the basis of	111260
the allegation. The department shall not reveal the source of any	111261
complaint unless the complainant agrees in writing to waive the	111262
right to confidentiality or until so ordered by a court of	111263
competent jurisdiction.	111264

The department shall adopt rules in accordance with Chapter	111265
119. of the Revised Code establishing procedures for the receipt,	111266
referral, investigation, and disposition of complaints filed with	111267
the department under this division.	111268

(M) The department shall establish procedures for the	111269
notification of interested parties of the transfer or interim care	111270
of residents from residential facilities that are closing or are	111271
losing their license.	111272

(N) Before issuing a license under this section to a	111273
residential facility that will accommodate at any time more than	111274
one mentally retarded or developmentally disabled individual, the	111275
director shall, by first class mail, notify the following:	111276

(1) If the facility will be located in a municipal	111277
corporation, the clerk of the legislative authority of the	111278
municipal corporation;	111279

(2) If the facility will be located in unincorporated	111280
territory, the clerk of the appropriate board of county	111281
commissioners and the fiscal officer of the appropriate board of	111282
township trustees.	111283

The director shall not issue the license for ten days after	111284
mailing the notice, excluding Saturdays, Sundays, and legal	111285
holidays, in order to give the notified local officials time in	111286
which to comment on the proposed issuance.	111287

Any legislative authority of a municipal corporation, board	111288
of county commissioners, or board of township trustees that	111289
receives notice under this division of the proposed issuance of a	111290
license for a residential facility may comment on it in writing to	111291
the director within ten days after the director mailed the notice,	111292
excluding Saturdays, Sundays, and legal holidays. If the director	111293
receives written comments from any notified officials within the	111294
specified time, the director shall make written findings	111295
concerning the comments and the director's decision on the	111296
issuance of the license. If the director does not receive written	111297
comments from any notified local officials within the specified	111298
time, the director shall continue the process for issuance of the	111299
license.	111300

(O) Any person may operate a licensed residential facility	111301
that provides room and board, personal care, habilitation	111302
services, and supervision in a family setting for at least six but	111303
not more than eight persons with mental retardation or a	111304
developmental disability as a permitted use in any residential	111305
district or zone, including any single-family residential district	111306
or zone, of any political subdivision. These residential	111307
facilities may be required to comply with area, height, yard, and	111308
architectural compatibility requirements that are uniformly	111309
imposed upon all single-family residences within the district or	111310
zone.	111311

(P) Any person may operate a licensed residential facility	111312
that provides room and board, personal care, habilitation	111313
services, and supervision in a family setting for at least nine	111314
but not more than sixteen persons with mental retardation or a	111315
developmental disability as a permitted use in any multiple-family	111316
residential district or zone of any political subdivision, except	111317
that a political subdivision that has enacted a zoning ordinance	111318
or resolution establishing planned unit development districts may	111319
exclude these residential facilities from those districts, and a	111320
political subdivision that has enacted a zoning ordinance or	111321
resolution may regulate these residential facilities in	111322
multiple-family residential districts or zones as a conditionally	111323
permitted use or special exception, in either case, under	111324
reasonable and specific standards and conditions set out in the	111325
zoning ordinance or resolution to:	111326

(1) Require the architectural design and site layout of the	111327
residential facility and the location, nature, and height of any	111328
walls, screens, and fences to be compatible with adjoining land	111329
uses and the residential character of the neighborhood;	111330

(2) Require compliance with yard, parking, and sign	111331
regulation;	111332

(3) Limit excessive concentration of these residential	111333
facilities.	111334

(Q) This section does not prohibit a political subdivision	111335
from applying to residential facilities nondiscriminatory	111336
regulations requiring compliance with health, fire, and safety	111337
regulations and building standards and regulations.	111338

(R) Divisions (O) and (P) of this section are not applicable	111339
to municipal corporations that had in effect on June 15, 1977, an	111340
ordinance specifically permitting in residential zones licensed	111341
residential facilities by means of permitted uses, conditional	111342
uses, or special exception, so long as such ordinance remains in	111343
effect without any substantive modification.	111344

(S)(1) The director may issue an interim license to operate a	111345
residential facility to an applicant for a license under this	111346
section if either of the following is the case:	111347

(a) The director determines that an emergency exists	111348
requiring immediate placement of persons in a residential	111349
facility, that insufficient licensed beds are available, and that	111350
the residential facility is likely to receive a permanent license	111351
under this section within thirty days after issuance of the	111352
interim license.	111353

(b) The director determines that the issuance of an interim	111354
license is necessary to meet a temporary need for a residential	111355
facility.	111356

(2) To be eligible to receive an interim license, an	111357
applicant must meet the same criteria that must be met to receive	111358
a permanent license under this section, except for any differing	111359
procedures and time frames that may apply to issuance of a	111360
permanent license.	111361

(3) An interim license shall be valid for thirty days and may	111362
be renewed by the director for a period not to exceed one hundred	111363
fifty days.	111364

(4) The director shall adopt rules in accordance with Chapter	111365
119. of the Revised Code as the director considers necessary to	111366
administer the issuance of interim licenses.	111367

(T) Notwithstanding rules adopted pursuant to this section	111368
establishing the maximum number of persons who may be served in a	111369
particular type of residential facility, a residential facility	111370
shall be permitted to serve the same number of persons being	111371
served by the facility on the effective date of the rules or the	111372
number of persons for which the facility is authorized pursuant to	111373
a current application for a certificate of need with a letter of	111374
support from the department of developmental disabilities and	111375
which is in the review process prior to April 4, 1986.	111376

(U) The director or the director's designee may enter at any	111377
time, for purposes of investigation, any home, facility, or other	111378
structure that has been reported to the director or that the	111379
director has reasonable cause to believe is being operated as a	111380
residential facility without a license issued under this section.	111381

The director may petition the court of common pleas of the	111382
county in which an unlicensed residential facility is located for	111383
an order enjoining the person or governmental agency operating the	111384
facility from continuing to operate without a license. The court	111385
may grant the injunction on a showing that the person or	111386
governmental agency named in the petition is operating a	111387
residential facility without a license. The court may grant the	111388
injunction, regardless of whether the residential facility meets	111389
the requirements for receiving a license under this section.	111390

Sec. 5123.191. (A) The court of common pleas or a judge	111391
thereof in the judge's county, or the probate court, may appoint a	111392
receiver to take possession of and operate a residential facility	111393
licensed by the department of developmental disabilities, in	111394
causes pending in such courts respectively, when conditions	111395
existing at the facility present a substantial risk of physical or	111396
mental harm to residents and no other remedies at law are adequate	111397
to protect the health, safety, and welfare of the residents.	111398
Conditions at the facility that may present such risk of harm	111399
include, but are not limited to, instances when any of the	111400
following occur:	111401

(1) The residential facility is in violation of state or	111402
federal law or regulations.	111403

(2) The facility has had its license revoked or procedures	111404
for revocation have been initiated, or the facility is closing or	111405
intends to cease operations.	111406

(3) Arrangements for relocating residents need to be made.

111407

(4) Insolvency of the operator, licensee, or landowner	111408
threatens the operation of the facility.	111409

(5) The facility or operator has demonstrated a pattern and	111410
practice of repeated violations of state or federal laws or	111411
regulations.	111412

(B) A court in which a petition is filed pursuant to this	111413
section shall notify the person holding the license for the	111414
facility and the department of developmental disabilities of the	111415
filing. The court shall order the department to notify the legal	111416
rights service, facility owner, facility operator, county board of	111417
developmental disabilities, facility residents, and residents'	111418
parents and guardians of the filing of the petition.	111419

The court shall provide a hearing on the petition within five	111420
court days of the time it was filed, except that the court may	111421
appoint a receiver prior to that time if it determines that the	111422
circumstances necessitate such action. Following a hearing on the	111423
petition, and upon a determination that the appointment of a	111424
receiver is warranted, the court shall appoint a receiver and	111425
notify the department of developmental disabilities and	111426
appropriate persons of this action.	111427

(C) A residential facility for which a receiver has been	111428
named is deemed to be in compliance with section 5123.19 and	111429
Chapter 3721. of the Revised Code for the duration of the	111430
receivership.	111431

(D) When the operating revenue of a residential facility in	111432
receivership is insufficient to meet its operating expenses,	111433
including the cost of bringing the facility into compliance with	111434
state or federal laws or regulations, the court may order the	111435
state to provide necessary funding, except as provided in division	111436
(K) of this section. The state shall provide such funding, subject	111437
to the approval of the controlling board. The court may also order	111438
the appropriate authorities to expedite all inspections necessary	111439
for the issuance of licenses or the certification of a facility,	111440
and order a facility to be closed if it determines that reasonable	111441
efforts cannot bring the facility into substantial compliance with	111442
the law.	111443

(E) In establishing a receivership, the court shall set forth	111444
the powers and duties of the receiver. The court may generally	111445
authorize the receiver to do all that is prudent and necessary to	111446
safely and efficiently operate the residential facility within the	111447
requirements of state and federal law, but shall require the	111448
receiver to obtain court approval prior to making any single	111449
expenditure of more than five thousand dollars to correct	111450
deficiencies in the structure or furnishings of a facility. The	111451
court shall closely review the conduct of the receiver it has	111452
appointed and shall require regular and detailed reports. The	111453
receivership shall be reviewed at least every sixty days.	111454

(F) A receivership established pursuant to this section shall	111455
be terminated, following notification of the appropriate parties	111456
and a hearing, if the court determines either of the following:	111457

(1) The residential facility has been closed and the former	111458
residents have been relocated to an appropriate facility.	111459

(2) Circumstances no longer exist at the facility that	111460
present a substantial risk of physical or mental harm to	111461
residents, and there is no deficiency in the facility that is	111462
likely to create a future risk of harm.	111463

Notwithstanding division (F)(2) of this section, the court	111464
shall not terminate a receivership for a residential facility that	111465
has previously operated under another receivership unless the	111466
responsibility for the operation of the facility is transferred to	111467
an operator approved by the court and the department of	111468
developmental disabilities.	111469

(G) The department of developmental disabilities may, upon	111470
its own initiative or at the request of an owner, operator, or	111471
resident of a residential facility, or at the request of a	111472
resident's guardian or relative, a county board of developmental	111473
disabilities, or the legal rights service, petition the court to	111474
appoint a receiver to take possession of and operate a residential	111475
facility. When the department has been requested to file a	111476
petition by any of the parties listed above, it shall, within	111477
forty-eight hours of such request, either file such a petition or	111478
notify the requesting party of its decision not to file. If the	111479
department refuses to file, the requesting party may file a	111480
petition with the court requesting the appointment of a receiver	111481
to take possession of and operate a residential facility.	111482

Petitions filed pursuant to this division shall include the	111483
following:	111484

(1) A description of the specific conditions existing at the	111485
facility which present a substantial risk of physical or mental	111486
harm to residents;	111487

(2) A statement of the absence of other adequate remedies at	111488
law;	111489

(3) The number of individuals residing at the facility;

111490

(4) A statement that the facts have been brought to the	111491
attention of the owner or licensee and that conditions have not	111492
been remedied within a reasonable period of time or that the	111493
conditions, though remedied periodically, habitually exist at the	111494
facility as a pattern or practice;	111495

(5) The name and address of the person holding the license	111496
for the facility and the address of the department of	111497
developmental disabilities.	111498

The court may award to an operator appropriate costs and	111499
expenses, including reasonable attorney's fees, if it determines	111500
that a petitioner has initiated a proceeding in bad faith or	111501
merely for the purpose of harassing or embarrassing the operator.	111502

(H) Except for the department of developmental disabilities	111503
or a county board of developmental disabilities, no party or	111504
person interested in an action shall be appointed a receiver	111505
pursuant to this section.	111506

To assist the court in identifying persons qualified to be	111507
named as receivers, the director of developmental disabilities or	111508
the director's designee shall maintain a list of the names of such	111509
persons. The director shall, in accordance with Chapter 119. of	111510
the Revised Code, establish standards for evaluating persons	111511
desiring to be included on such a list.	111512

(I) Before a receiver enters upon the duties of that person,	111513
the receiver must be sworn to perform the duties of receiver	111514
faithfully, and, with surety approved by the court, judge, or	111515
clerk, execute a bond to such person, and in such sum as the court	111516
or judge directs, to the effect that such receiver will faithfully	111517
discharge the duties of receiver in the action, and obey the	111518
orders of the court therein.	111519

(J) Under the control of the appointing court, a receiver may	111520
bring and defend actions in the receiver's own name as receiver	111521
and take and keep possession of property.	111522

The court shall authorize the receiver to do the following:

111523

(1) Collect payment for all goods and services provided to	111524
the residents or others during the period of the receivership at	111525
the same rate as was charged by the licensee at the time the	111526
petition for receivership was filed, unless a different rate is	111527
set by the court;	111528

(2) Honor all leases, mortgages, and secured transactions	111529
governing all buildings, goods, and fixtures of which the receiver	111530
has taken possession and continues to use, subject to the	111531
following conditions:	111532

(a) In the case of a rental agreement, only to the extent of	111533
payments that are for the use of the property during the period of	111534
the receivership;	111535

(b) In the case of a purchase agreement only to the extent of	111536
payments that come due during the period of the receivership;	111537

~~(c) If the court determines that the cost of the lease,~~	111538
~~mortgage, or secured transaction was increased by a transaction~~	111539
~~required to be reported under division (B)(3) of section 5123.172~~	111540
~~of the Revised Code, only to the extent determined by the court to~~	111541
~~be the fair market value for use of the property during the period~~	111542
~~of the receivership~~.	111543

(3) If transfer of residents is necessary, provide for the	111544
orderly transfer of residents by doing the following:	111545

(a) Cooperating with all appropriate state and local agencies	111546
in carrying out the transfer of residents to alternative community	111547
placements;	111548

(b) Providing for the transportation of residents' belongings	111549
and records;	111550

(c) Helping to locate alternative placements and develop	111551
discharge plans;	111552

(d) Preparing residents for the trauma of discharge;

111553

(e) Permitting residents or guardians to participate in	111554
transfer or discharge planning except when an emergency exists and	111555
immediate transfer is necessary.	111556

(4) Make periodic reports on the status of the residential	111557
program to the appropriate state agency, county board of	111558
developmental disabilities, parents, guardians, and residents;	111559

(5) Compromise demands or claims;

111560

(6) Generally do such acts respecting the residential	111561
facility as the court authorizes.	111562

(K) Neither the receiver nor the department of developmental	111563
disabilities is liable for debts incurred by the owner or operator	111564
of a residential facility for which a receiver has been appointed.	111565

(L) The department of developmental disabilities may contract	111566
for the operation of a residential facility in receivership. The	111567
department shall establish the conditions of a contract. A	111568
~~condition may be the same as, similar to, or different from a~~	111569
~~condition established by section 5123.18 of the Revised Code and~~	111570
~~the rules adopted under that section for a contract entered into~~	111571
~~under that section.~~ Notwithstanding any other provision of law,	111572
contracts that are necessary to carry out the powers and duties of	111573
the receiver need not be competitively bid.	111574

(M) The department of developmental disabilities, the	111575
department of job and family services, and the department of	111576
health shall provide technical assistance to any receiver	111577
appointed pursuant to this section.	111578

Sec. 5123.194. In the case of an individual who resides in a	111579
residential facility and is preparing to move into an independent	111580
living arrangement and the individual's liable relative, the	111581
department of developmental disabilities may waive the support	111582
collection requirements of sections 5121.04,and 5123.122~~, and~~	111583
~~5123.18~~ of the Revised Code for the purpose of allowing income or	111584
resources to be used to acquire items necessary for independent	111585
living. The department shall adopt rules in accordance with	111586
section 111.15 of the Revised Code to implement this section,	111587
including rules that establish the method the department shall use	111588
to determine when an individual is preparing to move into an	111589
independent living arrangement.	111590

Sec. 5123.352. There is hereby created in the state treasury	111591
the community developmental disabilities trust fund. The director	111592
of developmental disabilities, not later than sixty days after the	111593
end of each fiscal year, shall certify to the director of budget	111594
and management the amount of all the unexpended, unencumbered	111595
balances of general revenue fund appropriations made to the	111596
department of developmental disabilities for the fiscal year,	111597
excluding appropriations for rental payments to the Ohio public	111598
facilities commission, and the amount of any other funds held by	111599
the department in excess of amounts necessary to meet the	111600
department's operating costs and obligations pursuant to this	111601
chapter and Chapter 5126. of the Revised Code. On receipt of the	111602
certification, the director of budget and management shall	111603
transfer cash to the trust fund in an amount up to, but not	111604
exceeding, the total of the amounts certified by the director of	111605
developmental disabilities, except in cases in which the transfer	111606
will involve more than twenty million dollars. In such cases, the	111607
director of budget and management shall notify the controlling	111608
board and must receive the board's approval of the transfer prior	111609
to making the transfer.	111610

All moneys in the trust fund shall be ~~distributed~~used for	111611
purposes specified in ~~accordance with~~ section ~~5126.19~~5123.0418	111612
of the Revised Code.	111613

Sec. 5123.45. (A) The department of developmental	111614
disabilities shall establish a program under which the department	111615
issues certificates to the following:	111616

(1) MR/DD personnel, for purposes of meeting the requirement	111617
of division (C)(1) of section 5123.42 of the Revised Code to	111618
obtain a certificate or certificates to administer prescribed	111619
medications, perform health-related activities, and perform tube	111620
feedings;	111621

(2) Registered nurses, for purposes of meeting the	111622
requirement of division (B)(1) of section 5123.441 of the Revised	111623
Code to obtain a certificate or certificates to provide the MR/DD	111624
personnel training courses developed under section 5123.43 of the	111625
Revised Code.	111626

(B)(1) Except as provided in division (B)(2) of this section,	111627
to receive a certificate issued under this section, MR/DD	111628
personnel and registered nurses shall successfully complete the	111629
applicable training course or courses and meet all other	111630
applicable requirements established in rules adopted pursuant to	111631
this section. The department shall issue the appropriate	111632
certificate or certificates to MR/DD personnel and registered	111633
nurses who meet the requirements for the certificate or	111634
certificates.	111635

(2) The department shall include provisions in the program	111636
for issuing certificates to ~~the following:~~	111637

~~(a)~~ MR/DD personnel and registered nurses who~~, on March 31,~~	111638
~~2003, are authorized to provide care to individuals with mental~~	111639
~~retardation and developmental disabilities pursuant to section~~	111640
~~5123.193 or sections 5126.351 to 5126.354 of the Revised Code~~were	111641
required to be included in the certificate program pursuant to	111642
division (B)(2) of this section as that division existed	111643
immediately before the effective date of this amendment. ~~A person~~	111644
MR/DD personnel who ~~receives~~receive a certificate under division	111645
(B)(2)~~(a)~~ of this section shall not administer insulin until ~~the~~	111646
~~person has~~they have been trained by a registered nurse who has	111647
received a certificate under this section that allows the	111648
registered nurse to provide training courses to MR/DD personnel in	111649
the administration of insulin.	111650

~~(b) Registered nurses who, on March 31, 2003, are authorized~~	111651
~~to train MR/DD personnel to provide care to individuals with~~	111652
~~mental retardation and developmental disabilities pursuant to~~	111653
~~section 5123.193 or sections 5126.351 to 5126.354 of the Revised~~	111654
~~Code~~. A registered nurse who receives a certificate under division	111655
(B)(2)~~(b)~~ of this section shall not provide training courses to	111656
MR/DD personnel in the administration of insulin unless the	111657
registered nurse completes a course developed under section	111658
5123.44 of the Revised Code that enables the registered nurse to	111659
receive a certificate to provide training courses to MR/DD	111660
personnel in the administration of insulin.	111661

(C) Certificates issued to MR/DD personnel are valid for one	111662
year and may be renewed. Certificates issued to registered nurses	111663
are valid for two years and may be renewed.	111664

To be eligible for renewal, MR/DD personnel and registered	111665
nurses shall meet the applicable continued competency requirements	111666
and continuing education requirements specified in rules adopted	111667
under division (D) of this section. In the case of registered	111668
nurses, continuing nursing education completed in compliance with	111669
the license renewal requirements established under Chapter 4723.	111670
of the Revised Code may be counted toward meeting the continuing	111671
education requirements established in the rules adopted under	111672
division (D) of this section.	111673

(D) In accordance with section 5123.46 of the Revised Code,	111674
the department shall adopt rules that establish all of the	111675
following:	111676

(1) Requirements that MR/DD personnel and registered nurses	111677
must meet to be eligible to take a training course;	111678

(2) Standards that must be met to receive a certificate,	111679
including requirements pertaining to an applicant's criminal	111680
background;	111681

(3) Procedures to be followed in applying for a certificate	111682
and issuing a certificate;	111683

(4) Standards and procedures for renewing a certificate,	111684
including requirements for continuing education and, in the case	111685
of MR/DD personnel who administer prescribed medications,	111686
standards that require successful demonstration of proficiency in	111687
administering prescribed medications;	111688

(5) Standards and procedures for suspending or revoking a	111689
certificate;	111690

(6) Standards and procedures for suspending a certificate	111691
without a hearing pending the outcome of an investigation;	111692

(7) Any other standards or procedures the department	111693
considers necessary to administer the certification program.	111694

Sec. 5123.60. (A) A legal rights service is hereby created	111695
and established to protect and advocate the rights of mentally ill	111696
persons, mentally retarded persons, developmentally disabled	111697
persons, and other disabled persons who may be represented by the	111698
service pursuant to division (L) of this section; to receive and	111699
act upon complaints concerning institutional and hospital	111700
practices and conditions of institutions for mentally retarded or	111701
developmentally disabled persons and hospitals for the mentally	111702
ill; and to assure that all persons detained, hospitalized,	111703
discharged, or institutionalized, and all persons whose detention,	111704
hospitalization, discharge, or institutionalization is sought or	111705
has been sought under this chapter or Chapter 5122. of the Revised	111706
Code are fully informed of their rights and adequately represented	111707
by counsel in proceedings under this chapter or Chapter 5122. of	111708
the Revised Code and in any proceedings to secure the rights of	111709
those persons. Notwithstanding the definitions of "mentally	111710
retarded person" and "developmentally disabled person" in section	111711
5123.01 of the Revised Code, the legal rights service shall	111712
determine who is a mentally retarded or developmentally disabled	111713
person for purposes of this section and sections 5123.601 to	111714
5123.604 of the Revised Code.	111715

(B)(1) In regard to those persons detained, hospitalized, or	111716
institutionalized under Chapter 5122. of the Revised Code, the	111717
legal rights service shall undertake formal representation only of	111718
those persons who are involuntarily detained, hospitalized, or	111719
institutionalized pursuant to sections 5122.10 to 5122.15 of the	111720
Revised Code, and those voluntarily detained, hospitalized, or	111721
institutionalized who are minors, who have been adjudicated	111722
incompetent, who have been detained, hospitalized, or	111723
institutionalized in a public hospital, or who have requested	111724
representation by the legal rights service.	111725

(2) If a person referred to in division (A) of this section	111726
voluntarily requests in writing that the legal rights service	111727
terminate participation in the person's case, such involvement	111728
shall cease.	111729

(3) Persons described in divisions (A) and (B)(1) of this	111730
section who are represented by the legal rights service are	111731
clients of the legal rights service.	111732

(C) Any person voluntarily hospitalized or institutionalized	111733
in a public hospital under division (A) of section 5122.02 of the	111734
Revised Code, after being fully informed of the person's rights	111735
under division (A) of this section, may, by written request, waive	111736
assistance by the legal rights service if the waiver is knowingly	111737
and intelligently made, without duress or coercion.	111738

The waiver may be rescinded at any time by the voluntary	111739
patient or resident, or by the voluntary patient's or resident's	111740
legal guardian.	111741

(D)(1) The legal rights service commission is hereby created	111742
for the purposes of appointing an administrator of the legal	111743
rights service, advising the administrator, assisting the	111744
administrator in developing a budget, advising the administrator	111745
in establishing and annually reviewing a strategic plan, creating	111746
a procedure for filing and determination of grievances against the	111747
legal rights service, and establishing general policy guidelines,	111748
including guidelines for the commencement of litigation, for the	111749
legal rights service. The commission may adopt rules to carry	111750
these purposes into effect and may receive and act upon appeals of	111751
personnel decisions by the administrator.	111752

(2) The commission shall consist of seven members. One	111753
member, who shall serve as chairperson, shall be appointed by the	111754
chief justice of the supreme court, three members shall be	111755
appointed by the speaker of the house of representatives, and	111756
three members shall be appointed by the president of the senate.	111757
At least two members shall have experience in the field of	111758
developmental disabilities, and at least two members shall have	111759
experience in the field of mental health. No member shall be a	111760
provider or related to a provider of services to mentally	111761
retarded, developmentally disabled, or mentally ill persons.	111762

(3) Terms of office of the members of the commission shall be	111763
for three years, each term ending on the same day of the month of	111764
the year as did the term which it succeeds. Each member shall	111765
serve subsequent to the expiration of the member's term until a	111766
successor is appointed and qualifies, or until sixty days has	111767
elapsed, whichever occurs first. No member shall serve more than	111768
two consecutive terms.	111769

All vacancies in the membership of the commission shall be	111770
filled in the manner prescribed for regular appointments to the	111771
commission and shall be limited to the unexpired terms.	111772

(4) The commission shall meet at least four times each year.	111773
Members shall be reimbursed for their necessary and actual	111774
expenses incurred in the performance of their official duties.	111775

(5) The administrator of the legal rights service shall serve	111776
at the pleasure of the commission.	111777

The administrator shall be an attorney admitted to practice	111778
law in this state. The salary of the administrator shall be	111779
established in accordance with section 124.14 of the Revised Code.	111780

(E) The legal rights service shall be completely independent	111781
of the department of mental health and the department of	111782
developmental disabilities and, notwithstanding section 109.02 of	111783
the Revised Code, shall also be independent of the office of the	111784
attorney general. The administrator of the legal rights service,	111785
staff, and attorneys designated by the administrator to represent	111786
persons detained, hospitalized, or institutionalized under this	111787
chapter or Chapter 5122. of the Revised Code shall have ready	111788
access to the following:	111789

(1) During normal business hours and at other reasonable	111790
times, all records, except records of community residential	111791
facilities and records of contract agencies of county boards of	111792
developmental disabilities and boards of alcohol, drug addiction,	111793
and mental health services, relating to expenditures of state and	111794
federal funds or to the commitment, care, treatment, and	111795
habilitation of all persons represented by the legal rights	111796
service, including those who may be represented pursuant to	111797
division (L) of this section, or persons detained, hospitalized,	111798
institutionalized, or receiving services under this chapter or	111799
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	111800
records maintained by the following entities providing services	111801
for those persons: departments; institutions; hospitals; boards of	111802
alcohol, drug addiction, and mental health services; county boards	111803
of developmental disabilities; and any other entity providing	111804
services to persons who may be represented by the service pursuant	111805
to division (L) of this section;	111806

(2) Any records maintained in computerized data banks of the	111807
departments or boards or, in the case of persons who may be	111808
represented by the service pursuant to division (L) of this	111809
section, any other entity that provides services to those persons;	111810

(3) During their normal working hours, personnel of the	111811
departments, facilities, boards, agencies, institutions,	111812
hospitals, and other service-providing entities;	111813

(4) At any time, all persons detained, hospitalized, or	111814
institutionalized; persons receiving services under this chapter	111815
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	111816
persons who may be represented by the service pursuant to division	111817
(L) of this section.	111818

(5) Records of a community residential facility, a contract	111819
agency of a board of alcohol, drug addiction, and mental health	111820
services, or a contract agency of a county board of developmental	111821
disabilities with one of the following consents:	111822

(a) The consent of the person, including when the person is a	111823
minor or has been adjudicated incompetent;	111824

(b) The consent of the person's guardian of the person, if	111825
any, or the parent if the person is a minor;	111826

(c) No consent, if the person is unable to consent for any	111827
reason, and the guardian of the person, if any, or the parent of	111828
the minor, has refused to consent or has not responded to a	111829
request for consent and either of the following has occurred:	111830

(i) A complaint regarding the person has been received by the	111831
legal rights service;	111832

(ii) The legal rights service has determined that there is	111833
probable cause to believe that such person has been subjected to	111834
abuse or neglect.	111835

(F) The administrator of the legal rights service shall do	111836
the following:	111837

(1) Administer and organize the work of the legal rights	111838
service and establish administrative or geographic divisions as	111839
the administrator considers necessary, proper, and expedient;	111840

(2) Adopt and promulgate rules that are not in conflict with	111841
rules adopted by the commission and prescribe duties for the	111842
efficient conduct of the business and general administration of	111843
the legal rights service;	111844

(3) Appoint and discharge employees, and hire experts,	111845
consultants, advisors, or other professionally qualified persons	111846
as the administrator considers necessary to carry out the duties	111847
of the legal rights service;	111848

(4) Apply for and accept grants of funds, and accept	111849
charitable gifts and bequests;	111850

(5) Prepare and submit a budget to the general assembly for	111851
the operation of the legal rights service. At least thirty days	111852
prior to submitting the budget to the general assembly, the	111853
administrator shall provide a copy of the budget to the commission	111854
for review and comment. When submitting the budget to the general	111855
assembly, the administrator shall include a copy of any written	111856
comments returned by the commission to the administrator.	111857

(6) Enter into contracts and make expenditures necessary for	111858
the efficient operation of the legal rights service;	111859

(7) Annually prepare a report of activities and submit copies	111860
of the report to the governor, the chief justice of the supreme	111861
court, the president of the senate, the speaker of the house of	111862
representatives, the director of mental health, and the director	111863
of developmental disabilities, and make the report available to	111864
the public;	111865

(8) Upon request of the commission or of the chairperson of	111866
the commission, report to the commission on specific litigation	111867
issues or activities.	111868

(G)(1) The legal rights service may act directly or contract	111869
with other organizations or individuals for the provision of the	111870
services envisioned under this section.	111871

(2) Whenever possible, the administrator shall attempt to	111872
facilitate the resolution of complaints through administrative	111873
channels. Subject to division (G)(3) of this section, if attempts	111874
at administrative resolution prove unsatisfactory, the	111875
administrator may pursue any legal, administrative, and other	111876
appropriate remedies or approaches that may be necessary to	111877
accomplish the purposes of this section.	111878

(3) The administrator may not pursue a class action lawsuit	111879
under division (G)(2) of this section when attempts at	111880
administrative resolution of a complaint prove unsatisfactory	111881
under that division unless both of the following have first	111882
occurred:	111883

(a) At least four members of the commission, by their	111884
affirmative vote, have consented to the pursuit of the class	111885
action lawsuit;	111886

(b) At least five members of the commission are present at	111887
the meeting of the commission at which that consent is obtained.	111888

(4) The class represented in any class action lawsuit brought	111889
by the legal rights service shall include only persons who are	111890
mentally ill, mentally retarded, or developmentally disabled.	111891

(5) If compensation for the work of attorneys employed by the	111892
legal rights service or another agency or political subdivision of	111893
the state is awarded to the service in a class action lawsuit	111894
pursued by the service, the compensation shall be limited to the	111895
actual hourly rate of pay for that legal work.	111896

(6) All records received or maintained by the legal rights	111897
service in connection with any investigation, representation, or	111898
other activity under this section shall be confidential and shall	111899
not be disclosed except as authorized by the person represented by	111900
the legal rights service or, subject to any privilege, a guardian	111901
of the person or parent of the minor. Subject to division (G)(5)	111902
of this section, relationships between personnel and the agents of	111903
the legal rights service and its clients shall be fiduciary	111904
relationships, and all communications shall be privileged as if	111905
between attorney and client.	111906

~~(5)~~(7) Any person who has been represented by the legal	111907
rights service or who has applied for and been denied	111908
representation and who files a grievance with the service	111909
concerning the representation or application may appeal the	111910
decision of the service on the grievance to the commission. The	111911
person may appeal notwithstanding any objections of the person's	111912
legal guardian. The commission may examine any records relevant to	111913
the appeal and shall maintain the confidentiality of any records	111914
that are required to be kept confidential.	111915

(H) The legal rights service, on the order of the	111916
administrator, with the approval by an affirmative vote of at	111917
least four members of the commission, may compel by subpoena the	111918
appearance and sworn testimony of any person the administrator	111919
reasonably believes may be able to provide information or to	111920
produce any documents, books, records, papers, or other	111921
information necessary to carry out its duties. On the refusal of	111922
any person to produce or authenticate any requested documents, the	111923
legal rights service may apply to the Franklin county court of	111924
common pleas to compel the production or authentication of	111925
requested documents. If the court finds that failure to produce or	111926
authenticate any requested documents was improper, the court may	111927
hold the person in contempt as in the case of disobedience of the	111928
requirements of a subpoena issued from the court, or a refusal to	111929
testify in the court.	111930

(I) The legal rights service may conduct public hearings.

111931

(J) The legal rights service may request from any	111932
governmental agency any cooperation, assistance, services, or data	111933
that will enable it to perform its duties.	111934

(K) In any malpractice action filed against the administrator	111935
of the legal rights service, a member of the staff of the legal	111936
rights service, or an attorney designated by the administrator to	111937
perform legal services under division (E) of this section, the	111938
state shall, when the administrator, member, or attorney has acted	111939
in good faith and in the scope of employment, indemnify the	111940
administrator, member, or attorney for any judgment awarded or	111941
amount negotiated in settlement, and for any court costs or legal	111942
fees incurred in defense of the claim.	111943

This division does not limit or waive, and shall not be	111944
construed to limit or waive, any defense that is available to the	111945
legal rights service, its administrator or employees, persons	111946
under a personal services contract with it, or persons designated	111947
under division (E) of this section, including, but not limited to,	111948
any defense available under section 9.86 of the Revised Code.	111949

(L) In addition to providing services to mentally ill,	111950
mentally retarded, or developmentally disabled persons, when a	111951
grant authorizing the provision of services to other individuals	111952
is accepted pursuant to division (F)(4) of this section, the legal	111953
rights service and its ombudsperson section may provide advocacy	111954
or ombudsperson services to those other individuals and exercise	111955
any other authority granted by this section or sections 5123.601	111956
to 5123.604 of the Revised Code on behalf of those individuals.	111957
Determinations of whether an individual is eligible for services	111958
under this division shall be made by the legal rights service.	111959

Sec. 5126.01. As used in this chapter:

111960

(A) As used in this division, "adult" means an individual who	111961
is eighteen years of age or over and not enrolled in a program or	111962
service under Chapter 3323. of the Revised Code and an individual	111963
sixteen or seventeen years of age who is eligible for adult	111964
services under rules adopted by the director of developmental	111965
disabilities pursuant to Chapter 119. of the Revised Code.	111966

(1) "Adult services" means services provided to an adult	111967
outside the home, except when they are provided within the home	111968
according to an individual's assessed needs and identified in an	111969
individual service plan, that support learning and assistance in	111970
the area of self-care, sensory and motor development,	111971
socialization, daily living skills, communication, community	111972
living, social skills, or vocational skills.	111973

(2) "Adult services" includes all of the following:

111974

(a) Adult day habilitation services;

111975

(b) Adult day care;

111976

111977

(d) Sheltered employment;

111978

(e) Educational experiences and training obtained through	111979
entities and activities that are not expressly intended for	111980
individuals with mental retardation and developmental	111981
disabilities, including trade schools, vocational or technical	111982
schools, adult education, job exploration and sampling, unpaid	111983
work experience in the community, volunteer activities, and	111984
spectator sports;	111985

(f) Community employment services and supported employment	111986
services.	111987

(B)(1) "Adult day habilitation services" means adult services	111988
that do the following:	111989

(a) Provide access to and participation in typical activities	111990
and functions of community life that are desired and chosen by the	111991
general population, including such activities and functions as	111992
opportunities to experience and participate in community	111993
exploration, companionship with friends and peers, leisure	111994
activities, hobbies, maintaining family contacts, community	111995
events, and activities where individuals without disabilities are	111996
involved;	111997

(b) Provide supports or a combination of training and	111998
supports that afford an individual a wide variety of opportunities	111999
to facilitate and build relationships and social supports in the	112000
community.	112001

(2) "Adult day habilitation services" includes all of the	112002
following:	112003

(a) Personal care services needed to ensure an individual's	112004
ability to experience and participate in vocational services,	112005
educational services, community activities, and any other adult	112006
day habilitation services;	112007

(b) Skilled services provided while receiving adult day	112008
habilitation services, including such skilled services as behavior	112009
management intervention, occupational therapy, speech and language	112010
therapy, physical therapy, and nursing services;	112011

(c) Training and education in self-determination designed to	112012
help the individual do one or more of the following: develop	112013
self-advocacy skills, exercise the individual's civil rights,	112014
acquire skills that enable the individual to exercise control and	112015
responsibility over the services received, and acquire skills that	112016
enable the individual to become more independent, integrated, or	112017
productive in the community;	112018

(d) Recreational and leisure activities identified in the	112019
individual's service plan as therapeutic in nature or assistive in	112020
developing or maintaining social supports;	112021

(e) Counseling and assistance provided to obtain housing,	112022
including such counseling as identifying options for either rental	112023
or purchase, identifying financial resources, assessing needs for	112024
environmental modifications, locating housing, and planning for	112025
ongoing management and maintenance of the housing selected;	112026

(f) Transportation necessary to access adult day habilitation	112027
services;	112028

(g) Habilitation management, as described in section 5126.14	112029
of the Revised Code.	112030

(3) "Adult day habilitation services" does not include	112031
activities that are components of the provision of residential	112032
services, family support services, or supported living services.	112033

112034

(1) In the case of a member of a county board of	112035
developmental disabilities appointed by, or to be appointed by, a	112036
board of county commissioners, the board of county commissioners;	112037

(2) In the case of a member of a county board appointed by,	112038
or to be appointed by, a senior probate judge, the senior probate	112039
judge.	112040

(D) "Community employment services" or "supported employment	112041
services" means job training and other services related to	112042
employment outside a sheltered workshop. "Community employment	112043
services" or "supported employment services" include all of the	112044
following:	112045

(1) Job training resulting in the attainment of competitive	112046
work, supported work in a typical work environment, or	112047
self-employment;	112048

(2) Supervised work experience through an employer paid to	112049
provide the supervised work experience;	112050

(3) Ongoing work in a competitive work environment at a wage	112051
commensurate with workers without disabilities;	112052

(4) Ongoing supervision by an employer paid to provide the	112053
supervision.	112054

(E) As used in this division, "substantial functional	112055
limitation," "developmental delay," and "established risk" have	112056
the meanings established pursuant to section 5123.011 of the	112057
Revised Code.	112058

"Developmental disability" means a severe, chronic disability	112059
that is characterized by all of the following:	112060

(1) It is attributable to a mental or physical impairment or	112061
a combination of mental and physical impairments, other than a	112062
mental or physical impairment solely caused by mental illness as	112063
defined in division (A) of section 5122.01 of the Revised Code;	112064

(2) It is manifested before age twenty-two;

112065

(3) It is likely to continue indefinitely;

112066

(4) It results in one of the following:

112067

(a) In the case of a person under age three, at least one	112068
developmental delay or an established risk;	112069

(b) In the case of a person at least age three but under age	112070
six, at least two developmental delays or an established risk;	112071

(c) In the case of a person age six or older, a substantial	112072
functional limitation in at least three of the following areas of	112073
major life activity, as appropriate for the person's age:	112074
self-care, receptive and expressive language, learning, mobility,	112075
self-direction, capacity for independent living, and, if the	112076
person is at least age sixteen, capacity for economic	112077
self-sufficiency.	112078

(5) It causes the person to need a combination and sequence	112079
of special, interdisciplinary, or other type of care, treatment,	112080
or provision of services for an extended period of time that is	112081
individually planned and coordinated for the person.	112082

(F) "Early childhood services" means a planned program of	112083
habilitation designed to meet the needs of individuals with mental	112084
retardation or other developmental disabilities who have not	112085
attained compulsory school age.	112086

(G)(1) "Environmental modifications" means the physical	112087
adaptations to an individual's home, specified in the individual's	112088
service plan, that are necessary to ensure the individual's	112089
health, safety, and welfare or that enable the individual to	112090
function with greater independence in the home, and without which	112091
the individual would require institutionalization.	112092

(2) "Environmental modifications" includes such adaptations	112093
as installation of ramps and grab-bars, widening of doorways,	112094
modification of bathroom facilities, and installation of	112095
specialized electric and plumbing systems necessary to accommodate	112096
the individual's medical equipment and supplies.	112097

(3) "Environmental modifications" does not include physical	112098
adaptations or improvements to the home that are of general	112099
utility or not of direct medical or remedial benefit to the	112100
individual, including such adaptations or improvements as	112101
carpeting, roof repair, and central air conditioning.	112102

(H) "Family support services" means the services provided	112103
under a family support services program operated under section	112104
5126.11 of the Revised Code.	112105

(I) "Habilitation" means the process by which the staff of	112106
the facility or agency assists an individual with mental	112107
retardation or other developmental disability in acquiring and	112108
maintaining those life skills that enable the individual to cope	112109
more effectively with the demands of the individual's own person	112110
and environment, and in raising the level of the individual's	112111
personal, physical, mental, social, and vocational efficiency.	112112
Habilitation includes, but is not limited to, programs of formal,	112113
structured education and training.	112114

(J) "Home and community-based services" means medicaid-funded	112115
home and community-based services specified in division (B)(1) of	112116
section 5111.87 of the Revised Code and provided under the	112117
medicaid waiver components the department of developmental	112118
disabilities administers pursuant to section 5111.871 of the	112119
Revised Code. However, home and community-based services provided	112120
under the medicaid waiver component known as the transitions	112121
developmental disabilities waiver are to be considered to be home	112122
and community-based services for the purposes of this chapter only	112123
to the extent, if any, provided by the contract required by	112124
section 5111.871 of the Revised Code regarding the waiver.	112125

(K) "Immediate family" means parents, grandparents, brothers,	112126
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	112127
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	112128
daughters-in-law.	112129

(L) "Medicaid" has the same meaning as in section 5111.01 of	112130
the Revised Code.	112131

(M) "Medicaid case management services" means case management	112132
services provided to an individual with mental retardation or	112133
other developmental disability that the state medicaid plan	112134
requires.	112135

(N) "Mental retardation" means a mental impairment manifested	112136
during the developmental period characterized by significantly	112137
subaverage general intellectual functioning existing concurrently	112138
with deficiencies in the effectiveness or degree with which an	112139
individual meets the standards of personal independence and social	112140
responsibility expected of the individual's age and cultural	112141
group.	112142

(O) "Residential services" means services to individuals with	112143
mental retardation or other developmental disabilities to provide	112144
housing, food, clothing, habilitation, staff support, and related	112145
support services necessary for the health, safety, and welfare of	112146
the individuals and the advancement of their quality of life.	112147
"Residential services" includes program management, as described	112148
in section 5126.14 of the Revised Code.	112149

(P) "Resources" means available capital and other assets,	112150
including moneys received from the federal, state, and local	112151
governments, private grants, and donations; appropriately	112152
qualified personnel; and appropriate capital facilities and	112153
equipment.	112154

(Q) "Senior probate judge" means the current probate judge of	112155
a county who has served as probate judge of that county longer	112156
than any of the other current probate judges of that county. If a	112157
county has only one probate judge, "senior probate judge" means	112158
that probate judge.	112159

(R) "Service and support administration" means the duties	112160
performed by a service and support administrator pursuant to	112161
section 5126.15 of the Revised Code.	112162

(S)(1) "Specialized medical, adaptive, and assistive	112163
equipment, supplies, and supports" means equipment, supplies, and	112164
supports that enable an individual to increase the ability to	112165
perform activities of daily living or to perceive, control, or	112166
communicate within the environment.	112167

(2) "Specialized medical, adaptive, and assistive equipment,	112168
supplies, and supports" includes the following:	112169

(a) Eating utensils, adaptive feeding dishes, plate guards,	112170
mylatex straps, hand splints, reaches, feeder seats, adjustable	112171
pointer sticks, interpreter services, telecommunication devices	112172
for the deaf, computerized communications boards, other	112173
communication devices, support animals, veterinary care for	112174
support animals, adaptive beds, supine boards, prone boards,	112175
wedges, sand bags, sidelayers, bolsters, adaptive electrical	112176
switches, hand-held shower heads, air conditioners, humidifiers,	112177
emergency response systems, folding shopping carts, vehicle lifts,	112178
vehicle hand controls, other adaptations of vehicles for	112179
accessibility, and repair of the equipment received.	112180

(b) Nondisposable items not covered by medicaid that are	112181
intended to assist an individual in activities of daily living or	112182
instrumental activities of daily living.	112183

(T) "Supportive home services" means a range of services to	112184
families of individuals with mental retardation or other	112185
developmental disabilities to develop and maintain increased	112186
acceptance and understanding of such persons, increased ability of	112187
family members to teach the person, better coordination between	112188
school and home, skills in performing specific therapeutic and	112189
management techniques, and ability to cope with specific	112190
situations.	112191

(U)(1) "Supported living" means services provided for as long	112192
as twenty-four hours a day to an individual with mental	112193
retardation or other developmental disability through any public	112194
or private resources, including moneys from the individual, that	112195
enhance the individual's reputation in community life and advance	112196
the individual's quality of life by doing the following:	112197

(a) Providing the support necessary to enable an individual	112198
to live in a residence of the individual's choice, with any number	112199
of individuals who are not disabled, or with not more than three	112200
individuals with mental retardation and developmental disabilities	112201
unless the individuals are related by blood or marriage;	112202

(b) Encouraging the individual's participation in the	112203
community;	112204

112205

(d) Assisting the individual in acquiring, retaining, and	112206
improving the skills and competence necessary to live successfully	112207
in the individual's residence.	112208

(2) "Supported living" includes the provision of all of the	112209
following:	112210

(a) Housing, food, clothing, habilitation, staff support,	112211
professional services, and any related support services necessary	112212
to ensure the health, safety, and welfare of the individual	112213
receiving the services;	112214

(b) A combination of lifelong or extended-duration	112215
supervision, training, and other services essential to daily	112216
living, including assessment and evaluation and assistance with	112217
the cost of training materials, transportation, fees, and	112218
supplies;	112219

112220

(d) Household maintenance that does not include modifications	112221
to the physical structure of the residence;	112222

(e) Respite care services;

112223

(f) Program management, as described in section 5126.14 of	112224
the Revised Code.	112225

Sec. 5126.029. (A) Each county board of developmental	112226
disabilities shall hold an organizational meeting no later than	112227
the thirty-first day of January of each year and shall elect its	112228
officers, which shall include a president, vice-president, and	112229
recording secretary. After its annual organizational meeting, the	112230
board shall meet in such manner and at such times as prescribed by	112231
rules adopted by the board, but the board shall meet at least ~~ten~~	112232
the following number of times annually in regularly scheduled	112233
sessions in accordance with section 121.22 of the Revised Code,	112234
not including in-service training sessions:	112235

(1) Unless division (A)(2) of this section applies to the	112236
board, ten;	112237

(2) If the board shares a superintendent or other	112238
administrative staff with one or more other boards of	112239
developmental disabilities, eight. A	112240

(B) A majority of the board constitutes a quorum. The board	112241
shall adopt rules for the conduct of its business and a record	112242
shall be kept of board proceedings, which shall be open for public	112243
inspection.	112244

Sec. 5126.04. (A) Each county board of developmental	112245
disabilities shall plan and set priorities based on available	112246
resources for the provision of facilities, programs, and other	112247
services to meet the needs of county residents who are individuals	112248
with mental retardation and other developmental disabilities,	112249
former residents of the county residing in state institutions or,	112250
before the effective date of this amendment, placed under purchase	112251
of service agreements under section 5123.18 of the Revised Code,	112252
and children subject to a determination made pursuant to section	112253
121.38 of the Revised Code.	112254

Each county board shall assess the facility and service needs	112255
of the individuals with mental retardation and other developmental	112256
disabilities who are residents of the county or former residents	112257
of the county residing in state institutions or, before the	112258
effective date of this amendment, placed under purchase of service	112259
agreements under section 5123.18 of the Revised Code.	112260

Each county board shall require individual habilitation or	112261
service plans for individuals with mental retardation and other	112262
developmental disabilities who are being served or who have been	112263
determined eligible for services and are awaiting the provision of	112264
services. Each board shall ensure that methods of having their	112265
service needs evaluated are available.	112266

(B)(1) If a foster child is in need of assessment for	112267
eligible services or is receiving services from a county board of	112268
developmental disabilities and that child is placed in a different	112269
county, the agency that placed the child, immediately upon	112270
placement, shall inform the county board in the new county all of	112271
the following:	112272

(a) That a foster child has been placed in that county;

112273

(b) The name and other identifying information of the foster	112274
child;	112275

(c) The name of the foster child's previous county of	112276
residence;	112277

(d) That the foster child was in need of assessment for	112278
eligible services or was receiving services from the county board	112279
of developmental disabilities in the previous county.	112280

(2) Upon receiving the notice described in division (B)(1) of	112281
this section or otherwise learning that the child was in need of	112282
assessment for eligible services or was receiving services from a	112283
county board of developmental disabilities in the previous county,	112284
the county board in the new county shall communicate with the	112285
county board of the previous county to determine how services for	112286
the foster child shall be provided in accordance with each board's	112287
plan and priorities as described in division (A) of this section.	112288

If the two county boards are unable to reach an agreement	112289
within ten days of the child's placement, the county board in the	112290
new county shall send notice to the Ohio department of	112291
developmental disabilities of the failure to agree. The department	112292
shall decide how services shall be provided for the foster child	112293
within ten days of receiving notice that the county boards could	112294
not reach an agreement. The department may decide that one, or	112295
both, of the county boards shall provide services. The services	112296
shall be provided in accordance with the board's plan and	112297
priorities as described in division (A) of this section.	112298

(C) The department of developmental disabilities may adopt	112299
rules in accordance with Chapter 119. of the Revised Code as	112300
necessary to implement this section. To the extent that rules	112301
adopted under this section apply to the identification and	112302
placement of children with disabilities under Chapter 3323. of the	112303
Revised Code, the rules shall be consistent with the standards and	112304
procedures established under sections 3323.03 to 3323.05 of the	112305
Revised Code.	112306

(D) The responsibility or authority of a county board to	112307
provide services under this chapter does not affect the	112308
responsibility of any other entity of state or local government to	112309
provide services to individuals with mental retardation and	112310
developmental disabilities.	112311

(E) On or before the first day of February prior to a school	112312
year, a county board of developmental disabilities may elect not	112313
to participate during that school year in the provision of or	112314
contracting for educational services for children ages six through	112315
twenty-one years of age, provided that on or before that date the	112316
board gives notice of this election to the superintendent of	112317
public instruction, each school district in the county, and the	112318
educational service center serving the county. If a board makes	112319
this election, it shall not have any responsibility for or	112320
authority to provide educational services that school year for	112321
children ages six through twenty-one years of age. If a board does	112322
not make an election for a school year in accordance with this	112323
division, the board shall be deemed to have elected to participate	112324
during that school year in the provision of or contracting for	112325
educational services for children ages six through twenty-one	112326
years of age.	112327

(F) If a county board of developmental disabilities elects to	112328
provide educational services during a school year to individuals	112329
six through twenty-one years of age who have multiple	112330
disabilities, the board may provide these services to individuals	112331
who are appropriately identified and determined eligible pursuant	112332
to Chapter 3323. of the Revised Code, and in accordance with	112333
applicable rules of the state board of education. The county board	112334
may also provide related services to individuals six through	112335
twenty-one years of age who have one or more disabling conditions,	112336
in accordance with section 3317.20 and Chapter 3323. of the	112337
Revised Code and applicable rules of the state board of education.	112338

Sec. 5126.042. (A) As used in this section:

112339

~~(1) "Emergency~~, emergency status" means ~~any situation~~a	112340
status that ~~creates for~~ an individual with mental retardation or	112341
developmental disabilities ahas when the individual is at risk	112342
of substantial self-harm or substantial harm to others if action	112343
is not taken within thirty days. An "emergency status" may include	112344
a status resulting from one or more of the following situations:	112345

~~(a)~~(1) Loss of present residence for any reason, including	112346
legal action;	112347

~~(b)~~(2) Loss of present caretaker for any reason, including	112348
serious illness of the caretaker, change in the caretaker's	112349
status, or inability of the caretaker to perform effectively for	112350
the individual;	112351

~~(c)~~(3) Abuse, neglect, or exploitation of the individual;

112352

~~(d)~~(4) Health and safety conditions that pose a serious risk	112353
to the individual or others of immediate harm or death;	112354

~~(e)~~(5) Change in the emotional or physical condition of the	112355
individual that necessitates substantial accommodation that cannot	112356
be reasonably provided by the individual's existing caretaker.	112357

~~(2) "Service substitution list" means a service substitution~~	112358
~~list established by a county board of developmental disabilities~~	112359
~~before September 1, 2008, pursuant to division (B) of this section~~	112360
~~as this section existed on the day immediately before September 1,~~	112361
~~2008.~~	112362

(B) If a county board of developmental disabilities	112363
determines that available resources are not sufficient to meet the	112364
needs of all individuals who request non-medicaid programs ~~and~~or	112365
services ~~and may be offered the programs and services~~, it shall	112366
establish one or more waiting lists for the non-medicaid programs	112367
or services in accordance with its plan developed under section	112368
5126.04 of the Revised Code. The board may establish priorities	112369
for making placements on its waiting lists ~~according to an~~	112370
~~individual's emergency status and shall establish priorities in~~	112371
~~accordance with divisions (D) and (E) of~~established under this	112372
~~section~~division. Any such priorities shall be consistent with the	112373
board's plan and applicable law.	112374

~~The individuals who may be placed on a waiting list include~~	112375
~~individuals with a need for services on an emergency basis and~~	112376
~~individuals who have requested services for which resources are~~	112377
~~not available.~~	112378

~~An individual placed on a county board's service substitution~~	112379
~~list before September 1, 2008, for the purpose of obtaining home~~	112380
~~and community-based services shall be deemed to have been placed~~	112381
~~on the county board's waiting list for home and community-based~~	112382
~~services on the date the individual made a request to the county~~	112383
~~board that the individual receive home and community-based~~	112384
~~services instead of the services the individual received at the~~	112385
~~time the request for home and community-based services was made to~~	112386
~~the county board.~~	112387

(C) AIf a county board ~~shall establish a separate waiting~~	112388
~~list for each of the following categories of services, and may~~	112389
~~establish separate waiting lists within the waiting lists:~~	112390

~~(1) Early childhood services;~~

112391

~~(2) Educational programs for preschool and school age~~	112392
~~children;~~	112393

~~(3) Adult services;~~

112394

~~(4) Service and support administration;~~

112395

~~(5) Residential services and supported living;~~

112396

~~(6) Transportation services;~~

112397

~~(7) Other services determined necessary and appropriate for~~	112398
~~persons with mental retardation or a developmental disability~~	112399
~~according to their individual habilitation or service plans~~;	112400

~~(8) Family support services provided under section 5126.11 of~~	112401
~~the Revised Code~~determines that available resources are	112402
insufficient to meet the needs of all individuals who request home	112403
and community-based services, it shall establish a waiting list	112404
for the services. An individual's date of placement on the waiting	112405
list shall be the date a request is made to the board for the	112406
individual to receive the home and community-based services. The	112407
board shall provide for an individual who has an emergency status	112408
to receive priority status on the waiting list. The board shall	112409
also provide for an individual to whom any of the following apply	112410
to receive priority status on the waiting list in accordance with	112411
rules adopted under division (E) of this section:	112412

(1) The individual is receiving supported living, family	112413
support services, or adult services for which no federal financial	112414
participation is received under the medicaid program;	112415

(2) The individual's primary caregiver is at least sixty	112416
years of age;	112417

(3) The individual has intensive needs as determined in	112418
accordance with rules adopted under division (E) of this section.	112419

(D) ~~Except as provided in division (G) of this section, a~~	112420
~~county board shall do, as priorities, all of the following in~~	112421
~~accordance with the assessment component, approved under section~~	112422
~~5123.046 of the Revised Code, of the county board's plan developed~~	112423
~~under section 5126.054 of the Revised Code:~~	112424

~~(1) For the purpose of obtaining additional federal medicaid~~	112425
~~funds for home and community-based services and medicaid case~~	112426
~~management services, do both of the following:~~	112427

~~(a) Give an individual who is eligible for home and~~	112428
~~community-based services and meets both of the following~~	112429
~~requirements priority over any other individual on a waiting list~~	112430
~~established under division (C) of this section for home and~~	112431
~~community-based services that include supported living,~~	112432
~~residential services, or family support services:~~	112433

~~(i) Is twenty-two years of age or older;~~

112434

~~(ii) Receives supported living or family support services.~~

112435

~~(b) Give an individual who is eligible for home and~~	112436
~~community-based services and meets both of the following~~	112437
~~requirements priority over any other individual on a waiting list~~	112438
~~established under division (C) of this section for home and~~	112439
~~community-based services that include adult services:~~	112440

~~(i) Resides in the individual's own home or the home of the~~	112441
~~individual's family and will continue to reside in that home after~~	112442
~~enrollment in home and community-based services;~~	112443

~~(ii) Receives adult services from the county board.~~

112444

~~(2) As federal medicaid funds become available pursuant to~~	112445
~~division (D)(1) of this section, give an individual who is~~	112446
~~eligible for home and community-based services and meets any of~~	112447
~~the following requirements priority for such services over any~~	112448
~~other individual on a waiting list established under division (C)~~	112449
~~of this section:~~	112450

~~(a) Does not receive residential services or supported~~	112451
~~living, either needs services in the individual's current living~~	112452
~~arrangement or will need services in a new living arrangement, and~~	112453
~~has a primary caregiver who is sixty years of age or older;~~	112454

~~(b) Is less than twenty-two years of age and has at least one~~	112455
~~of the following service needs that are unusual in scope or~~	112456
~~intensity:~~	112457

~~(i) Severe behavior problems for which a behavior support~~	112458
~~plan is needed;~~	112459

~~(ii) An emotional disorder for which anti-psychotic~~	112460
~~medication is needed;~~	112461

~~(iii) A medical condition that leaves the individual~~	112462
~~dependent on life-support medical technology;~~	112463

~~(iv) A condition affecting multiple body systems for which a~~	112464
~~combination of specialized medical, psychological, educational, or~~	112465
~~habilitation services are needed;~~	112466

~~(v) A condition the county board determines to be comparable~~	112467
~~in severity to any condition described in divisions (D)(2)(b)(i)~~	112468
~~to (iv) of this section and places the individual at significant~~	112469
~~risk of institutionalization.~~	112470

~~(c) Is twenty-two years of age or older, does not receive~~	112471
~~residential services or supported living, and is determined by the~~	112472
~~county board to have intensive needs for home and community-based~~	112473
~~services on an in-home or out-of-home basis.~~	112474

~~(E) Except as provided in division (G) of this section and~~	112475
~~for a number of years and beginning on a date specified in rules~~	112476
~~adopted under division (K) of this section, a county board shall~~	112477
~~give an individual who is eligible for home and community-based~~	112478
~~services, resides in a nursing facility, and chooses to move to~~	112479
~~another setting with the help of home and community-based~~	112480
~~services, priority over any other individual on a waiting list~~	112481
~~established under division (C) of this section for home and~~	112482
~~community-based services who does not meet these criteria.~~	112483

~~(F)~~ If two or more individuals on a waiting list established	112484
under division (C) of this section for home and community-based	112485
services have priority for the services pursuant to division	112486
~~(D)~~(C)(1) or, (2), or ~~(E)~~(3) of this section, a county board ~~may~~	112487
shall use criteria specified in rules adopted under division	112488
~~(K)(2)~~(E) of this section in determining the order in which the	112489
individuals with priority will be offered the ~~services. Otherwise,~~	112490
~~the county board shall offer the home and community-based services~~	112491
~~to such individuals in the order they are placed on the waiting~~	112492
~~list.~~	112493

~~(G) No individual may receive priority for services pursuant~~	112494
~~to division (D) or (E) of this section over an individual placed~~	112495
~~on a waiting list established under division (C) of this section~~	112496
~~on an emergency status~~services. An individual who has priority	112497
for home and community-based services because the individual has	112498
an emergency status has priority for the services over all other	112499
individuals on the waiting list who do not have emergency status.	112500

~~(H) Prior to establishing any waiting list under this~~	112501
~~section, a county board shall develop and implement a policy for~~	112502
~~waiting lists that complies with this section and rules adopted~~	112503
~~under division (K) of this section.~~	112504

~~Prior to placing an individual on a waiting list, the county~~	112505
~~board shall assess the service needs of the individual in~~	112506
~~accordance with all applicable state and federal laws. The county~~	112507
~~board shall place the individual on the appropriate waiting list~~	112508
~~and may place the individual on more than one waiting list. The~~	112509
~~county board shall notify the individual of the individual's~~	112510
~~placement and position on each waiting list on which the~~	112511
~~individual is placed.~~	112512

~~At least annually, the county board shall reassess the~~	112513
~~service needs of each individual on a waiting list. If it~~	112514
~~determines that an individual no longer needs a program or~~	112515
~~service, the county board shall remove the individual from the~~	112516
~~waiting list. If it determines that an individual needs a program~~	112517
~~or service other than the one for which the individual is on the~~	112518
~~waiting list, the county board shall provide the program or~~	112519
~~service to the individual or place the individual on a waiting~~	112520
~~list for the program or service in accordance with the board's~~	112521
~~policy for waiting lists.~~	112522

~~When a program or service for which there is a waiting list~~	112523
~~becomes available, the county board shall reassess the service~~	112524
~~needs of the individual next scheduled on the waiting list to~~	112525
~~receive that program or service. If the reassessment demonstrates~~	112526
~~that the individual continues to need the program or service, the~~	112527
~~board shall offer the program or service to the individual. If it~~	112528
~~determines that an individual no longer needs a program or~~	112529
~~service, the county board shall remove the individual from the~~	112530
~~waiting list. If it determines that an individual needs a program~~	112531
~~or service other than the one for which the individual is on the~~	112532
~~waiting list, the county board shall provide the program or~~	112533
~~service to the individual or place the individual on a waiting~~	112534
~~list for the program or service in accordance with the board's~~	112535
~~policy for waiting lists. The county board shall notify the~~	112536
~~individual of the individual's placement and position on the~~	112537
~~waiting list on which the individual is placed.~~	112538

~~(I) A child subject to a determination made pursuant to~~	112539
~~section 121.38 of the Revised Code who requires the home and~~	112540
~~community-based services provided through a medicaid component~~	112541
~~that the department of developmental disabilities administers~~	112542
~~under section 5111.871 of the Revised Code shall receive services~~	112543
~~through that medicaid component. For all other services, a child~~	112544
~~subject to a determination made pursuant to section 121.38 of the~~	112545
~~Revised Code shall be treated as an emergency by the county boards~~	112546
~~and shall not be subject to a waiting list.~~	112547

~~(J) Not later than the fifteenth day of March of each~~	112548
~~even-numbered year, each county board shall prepare and submit to~~	112549
~~the director of developmental disabilities its recommendations for~~	112550
~~the funding of services for individuals with mental retardation~~	112551
~~and developmental disabilities and its proposals for reducing the~~	112552
~~waiting lists for services.~~	112553

~~(K)(1)~~(E) The department of developmental disabilities shall	112554
adopt rules in accordance with Chapter 119. of the Revised Code	112555
governing waiting lists established under division (C) of this	112556
section. The rules shall include procedures to be followed to	112557
ensure that the due process rights of individuals placed on	112558
waiting lists are not violated. As	112559

~~(2) As~~ part of the rules adopted under this division, the	112560
department shall adopt rules establishing criteria a county board	112561
~~may~~shall use under division ~~(F)~~(D) of this section in determining	112562
the order in which individuals with priority for home and	112563
community-based services pursuant to division (C)(1), (2), or (3)	112564
of this section will be offered the services. ~~The rules shall also~~	112565
~~specify conditions under which a county board, when there is no~~	112566
~~individual with priority for home and community-based services~~	112567
~~pursuant to division (D)(1) or (2) or (E) of this section~~	112568
~~available and appropriate for the services, may offer the services~~	112569
~~to an individual on a waiting list for the services but not given~~	112570
~~such priority for the services.~~	112571

~~(3) As part of the rules adopted under this division, the~~	112572
~~department shall adopt rules specifying both of the following for~~	112573
~~the priority category established under division (E) of this~~	112574
~~section:~~	112575

~~(a) The number of years, which shall not exceed five, that~~	112576
~~the priority category will be in effect;~~	112577

~~(b) The date that the priority category is to go into effect.~~

112578

~~(L)~~(F) The following shall take precedence over the	112579
applicable provisions of this section:	112580

(1) Medicaid rules and regulations;

112581

(2) Any specific requirements that may be contained within a	112582
medicaid state plan amendment or waiver program that a county	112583
board has authority to administer or with respect to which it has	112584
authority to provide services, programs, or supports.	112585

Sec. 5126.05. (A) Subject to the rules established by the	112586
director of developmental disabilities pursuant to Chapter 119. of	112587
the Revised Code for programs and services offered pursuant to	112588
this chapter, and subject to the rules established by the state	112589
board of education pursuant to Chapter 119. of the Revised Code	112590
for programs and services offered pursuant to Chapter 3323. of the	112591
Revised Code, the county board of developmental disabilities	112592
shall:	112593

(1) Administer and operate facilities, programs, and services	112594
as provided by this chapter and Chapter 3323. of the Revised Code	112595
and establish policies for their administration and operation;	112596

(2) Coordinate, monitor, and evaluate existing services and	112597
facilities available to individuals with mental retardation and	112598
developmental disabilities;	112599

(3) Provide early childhood services, supportive home	112600
services, and adult services, according to the plan and priorities	112601
developed under section 5126.04 of the Revised Code;	112602

(4) Provide or contract for special education services	112603
pursuant to Chapters ~~3306.,~~ 3317. and 3323. of the Revised Code	112604
and ensure that related services, as defined in section 3323.01 of	112605
the Revised Code, are available according to the plan and	112606
priorities developed under section 5126.04 of the Revised Code;	112607

(5) Adopt a budget, authorize expenditures for the purposes	112608
specified in this chapter and do so in accordance with section	112609
319.16 of the Revised Code, approve attendance of board members	112610
and employees at professional meetings and approve expenditures	112611
for attendance, and exercise such powers and duties as are	112612
prescribed by the director;	112613

(6) Submit annual reports of its work and expenditures,	112614
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	112615
the director, the superintendent of public instruction, and the	112616
board of county commissioners at the close of the fiscal year and	112617
at such other times as may reasonably be requested;	112618

(7) Authorize all positions of employment, establish	112619
compensation, including but not limited to salary schedules and	112620
fringe benefits for all board employees, approve contracts of	112621
employment for management employees that are for a term of more	112622
than one year, employ legal counsel under section 309.10 of the	112623
Revised Code, and contract for employee benefits;	112624

(8) Provide service and support administration in accordance	112625
with section 5126.15 of the Revised Code;	112626

(9) Certify respite care homes pursuant to rules adopted	112627
under section 5123.171 of the Revised Code by the director of	112628
developmental disabilities.	112629

(B) To the extent that rules adopted under this section apply	112630
to the identification and placement of children with disabilities	112631
under Chapter 3323. of the Revised Code, they shall be consistent	112632
with the standards and procedures established under sections	112633
3323.03 to 3323.05 of the Revised Code.	112634

(C) Any county board may enter into contracts with other such	112635
boards and with public or private, nonprofit, or profit-making	112636
agencies or organizations of the same or another county, to	112637
provide the facilities, programs, and services authorized or	112638
required, upon such terms as may be agreeable, and in accordance	112639
with this chapter and Chapter 3323. of the Revised Code and rules	112640
adopted thereunder and in accordance with sections 307.86 and	112641
5126.071 of the Revised Code.	112642

(D) A county board may combine transportation for children	112643
and adults enrolled in programs and services offered under ~~section~~	112644
~~5126.12~~Chapter 5126. of the Revised Code with transportation for	112645
children enrolled in classes funded under section 3317.20 or units	112646
approved under section 3317.05 of the Revised Code.	112647

(E) A county board may purchase all necessary insurance	112648
policies, may purchase equipment and supplies through the	112649
department of administrative services or from other sources, and	112650
may enter into agreements with public agencies or nonprofit	112651
organizations for cooperative purchasing arrangements.	112652

(F) A county board may receive by gift, grant, devise, or	112653
bequest any moneys, lands, or property for the benefit of the	112654
purposes for which the board is established and hold, apply, and	112655
dispose of the moneys, lands, and property according to the terms	112656
of the gift, grant, devise, or bequest. All money received by	112657
gift, grant, bequest, or disposition of lands or property received	112658
by gift, grant, devise, or bequest shall be deposited in the	112659
county treasury to the credit of such board and shall be available	112660
for use by the board for purposes determined or stated by the	112661
donor or grantor, but may not be used for personal expenses of the	112662
board members. Any interest or earnings accruing from such gift,	112663
grant, devise, or bequest shall be treated in the same manner and	112664
subject to the same provisions as such gift, grant, devise, or	112665
bequest.	112666

(G) The board of county commissioners shall levy taxes and	112667
make appropriations sufficient to enable the county board of	112668
developmental disabilities to perform its functions and duties,	112669
and may utilize any available local, state, and federal funds for	112670
such purpose.	112671

Sec. 5126.054. (A) Each county board of developmental	112672
disabilities shall, by resolution, develop a three-calendar year	112673
plan that includes the following three components:	112674

(1) An assessment component that includes all of the	112675
following:	112676

(a) The number of individuals with mental retardation or	112677
other developmental disability residing in the county who need the	112678
level of care provided by an intermediate care facility for the	112679
mentally retarded, may seek home and community-based services, and	112680
are given priority on a waiting list established for the services	112681
pursuant to ~~division (D) of~~ section 5126.042 of the Revised Code;	112682
the service needs of those individuals; and the projected	112683
annualized cost for services;	112684

(b) The source of funds available to the county board to pay	112685
the nonfederal share of medicaid expenditures that the county	112686
board is required by sections 5126.059 and 5126.0510 of the	112687
Revised Code to pay;	112688

(c) Any other applicable information or conditions that the	112689
department of developmental disabilities requires as a condition	112690
of approving the component under section 5123.046 of the Revised	112691
Code.	112692

(2) A preliminary implementation component that specifies the	112693
number of individuals to be provided, during the first year that	112694
the plan is in effect, home and community-based services pursuant	112695
to the waiting list priority given to them under ~~divisions (D)(1)~~	112696
~~and (2) of~~ section 5126.042 of the Revised Code and the types of	112697
home and community-based services the individuals are to receive;	112698

(3) A component that provides for the implementation of	112699
medicaid case management services and home and community-based	112700
services for individuals who begin to receive the services on or	112701
after the date the plan is approved under section 5123.046 of the	112702
Revised Code. A county board shall include all of the following in	112703
the component:	112704

(a) If the department of developmental disabilities or	112705
department of job and family services requires, an agreement to	112706
pay the nonfederal share of medicaid expenditures that the county	112707
board is required by sections 5126.059 and 5126.0510 of the	112708
Revised Code to pay;	112709

(b) How the services are to be phased in over the period the	112710
plan covers, including how the county board will serve individuals	112711
who have priority on a waiting list established under ~~division (C)~~	112712
of section 5126.042 ~~who are given priority status under division~~	112713
~~(D)(1) of that section~~of the Revised Code;	112714

(c) Any agreement or commitment regarding the county board's	112715
funding of home and community-based services that the county board	112716
has with the department at the time the county board develops the	112717
component;	112718

(d) Assurances adequate to the department that the county	112719
board will comply with all of the following requirements:	112720

(i) To provide the types of home and community-based services	112721
specified in the preliminary implementation component required by	112722
division (A)(2) of this section to at least the number of	112723
individuals specified in that component;	112724

(ii) To use any additional funds the county board receives	112725
for the services to improve the county board's resource	112726
capabilities for supporting such services available in the county	112727
at the time the component is developed and to expand the services	112728
to accommodate the unmet need for those services in the county;	112729

(iii) To employ or contract with a business manager or enter	112730
into an agreement with another county board of developmental	112731
disabilities that employs or contracts with a business manager to	112732
have the business manager serve both county boards. No	112733
superintendent of a county board may serve as the county board's	112734
business manager.	112735

(iv) To employ or contract with a medicaid services manager	112736
or enter into an agreement with another county board of	112737
developmental disabilities that employs or contracts with a	112738
medicaid services manager to have the medicaid services manager	112739
serve both county boards. No superintendent of a county board may	112740
serve as the county board's medicaid services manager.	112741

(e) Programmatic and financial accountability measures and	112742
projected outcomes expected from the implementation of the plan;	112743

(f) Any other applicable information or conditions that the	112744
department requires as a condition of approving the component	112745
under section 5123.046 of the Revised Code.	112746

(B) A county board whose plan developed under division (A) of	112747
this section is approved by the department under section 5123.046	112748
of the Revised Code shall update and renew the plan in accordance	112749
with a schedule the department shall develop.	112750

Sec. 5126.0510. (A) Except as otherwise provided in an	112751
agreement entered into under section 5123.048 of the Revised Code	112752
and subject to divisions (B), (C), and (D) of this section, a	112753
county board of developmental disabilities shall pay the	112754
nonfederal share of medicaid expenditures for the following home	112755
and community-based services provided to an individual with mental	112756
retardation or other developmental disability who the county board	112757
determines under section 5126.041 of the Revised Code is eligible	112758
for county board services:	112759

(1) Home and community-based services provided by the county	112760
board to such an individual;	112761

(2) Home and community-based services provided by a provider	112762
other than the county board to such an individual who is enrolled	112763
as of June 30, 2007, in the medicaid waiver component under which	112764
the services are provided;	112765

(3) Home and community-based services provided by a provider	112766
other than the county board to such an individual who, pursuant to	112767
a request the county board makes, enrolls in the medicaid waiver	112768
component under which the services are provided after June 30,	112769
2007;	112770

(4) Home and community-based services provided by a provider	112771
other than the county board to such an individual for whom there	112772
is in effect an agreement entered into under division (E) of this	112773
section between the county board and director of developmental	112774
disabilities.	112775

(B) In the case of medicaid expenditures for home and	112776
community-based services for which division (A)(2) of this section	112777
requires a county board to pay the nonfederal share, the following	112778
shall apply to such services provided during fiscal year 2008	112779
under the individual options medicaid waiver component:	112780

(1) The county board shall pay no less than the total amount	112781
the county board paid as the nonfederal share for home and	112782
community-based services provided in fiscal year 2007 under the	112783
individual options medicaid waiver component;	112784

(2) The county board shall pay no more than the sum of the	112785
following:	112786

(a) The total amount the county board paid as the nonfederal	112787
share for home and community-based services provided in fiscal	112788
year 2007 under the individual options medicaid waiver component;	112789

(b) An amount equal to one per cent of the total amount the	112790
department of developmental disabilities and county board paid as	112791
the nonfederal share for home and community-based services	112792
provided in fiscal year 2007 under the individual options medicaid	112793
waiver component to individuals the county board determined under	112794
section 5126.041 of the Revised Code are eligible for county board	112795
services.	112796

(C) A county board is not required to pay the nonfederal	112797
share of home and community-based services provided after June 30,	112798
2008, that the county board is otherwise required by division	112799
(A)(2) of this section to pay if the department of developmental	112800
disabilities fails to comply with division (A) of section	112801
5123.0416 of the Revised Code.	112802

(D) A county board is not required to pay the nonfederal	112803
share of home and community-based services that the county board	112804
is otherwise required by division (A)(3) of this section to pay if	112805
both of the following apply:	112806

(1) The services are provided to an individual who enrolls in	112807
the medicaid waiver component under which the services are	112808
provided as the result of an order issued following a state	112809
hearing, administrative appeal, or appeal to a court of common	112810
pleas made under section 5101.35 of the Revised Code;	112811

(2) There are more individuals who are eligible for services	112812
from the county board enrolled in ~~the medicaid waiver component~~	112813
home and community-based services than is required by section	112814
5126.0512 of the Revised Code.	112815

(E) A county board may enter into an agreement with the	112816
director of developmental disabilities under which the county	112817
board agrees to pay the nonfederal share of medicaid expenditures	112818
for one or more home and community-based services that the county	112819
board is not otherwise required by division (A)(1), (2), or (3) of	112820
this section to pay and that are provided to an individual the	112821
county board determines under section 5126.041 of the Revised Code	112822
is eligible for county board services. The agreement shall specify	112823
which home and community-based services the agreement covers. The	112824
county board shall pay the nonfederal share of medicaid	112825
expenditures for the home and community-based services that the	112826
agreement covers as long as the agreement is in effect.	112827

Sec. 5126.0511. (A) A county board of developmental	112828
disabilities may use the following funds to pay the nonfederal	112829
share of the medicaid expenditures that the county board is	112830
required by sections 5126.059 and 5126.0510 of the Revised Code to	112831
pay:	112832

(1) To the extent consistent with the levy that generated the	112833
taxes, the following taxes:	112834

(a) Taxes levied pursuant to division (L) of section 5705.19	112835
of the Revised Code and section 5705.222 of the Revised Code;	112836

(b) Taxes levied under section 5705.191 of the Revised Code	112837
that the board of county commissioners allocates to the county	112838
board.	112839

(2) Funds that the department of developmental disabilities	112840
distributes to the county board under ~~sections 5126.11 and~~section	112841
5126.18 of the Revised Code and for purposes of the family support	112842
services program established under section 5126.11 of the Revised	112843
Code;	112844

(3) Earned federal revenue funds the county board receives	112845
for medicaid services the county board provides pursuant to the	112846
county board's valid medicaid provider agreement;	112847

(4) Funds that the department of developmental disabilities	112848
distributes to the county board as subsidy payments;	112849

(5) In the case of medicaid expenditures for home and	112850
community-based services, funds allocated to or otherwise made	112851
available for the county board under section 5123.0416 of the	112852
Revised Code to pay the nonfederal share of such medicaid	112853
expenditures.	112854

(B) Each year, each county board shall adopt a resolution	112855
specifying the amount of funds it will use in the next year to pay	112856
the nonfederal share of the medicaid expenditures that the county	112857
board is required by sections 5126.059 and 5126.0510 of the	112858
Revised Code to pay. The amount specified shall be adequate to	112859
assure that the services for which the medicaid expenditures are	112860
made will be available in the county in a manner that conforms to	112861
all applicable state and federal laws. A county board shall state	112862
in its resolution that the payment of the nonfederal share	112863
represents an ongoing financial commitment of the county board. A	112864
county board shall adopt the resolution in time for the county	112865
auditor to make the determination required by division (C) of this	112866
section.	112867

(C) Each year, a county auditor shall determine whether the	112868
amount of funds a county board specifies in the resolution it	112869
adopts under division (B) of this section will be available in the	112870
following year for the county board to pay the nonfederal share of	112871
the medicaid expenditures that the county board is required by	112872
sections 5126.059 and 5126.0510 of the Revised Code to pay. The	112873
county auditor shall make the determination not later than the	112874
last day of the year before the year in which the funds are to be	112875
used.	112876

Sec. 5126.0512. (A) ~~As used in this section, "medicaid~~	112877
~~waiver component" means a medicaid waiver component as defined in~~	112878
~~section 5111.85 of the Revised Code under which home and~~	112879
~~community-based services are provided.~~	112880

~~(B) Effective July 1, 2007, and except~~Except as provided in	112881
rules adopted under section 5123.0413 of the Revised Code, each	112882
county board of developmental disabilities shall ensure~~, for each~~	112883
~~medicaid waiver component,~~ that the number of individuals eligible	112884
under section 5126.041 of the Revised Code for services from the	112885
county board who are enrolled in ~~a medicaid waiver component~~home	112886
and community-based services is no less than the sum of the	112887
following:	112888

(1) The number of individuals eligible for services from the	112889
county board who are enrolled in ~~the medicaid waiver component~~	112890
home and community-based services on June 30, 2007;	112891

(2) The number of ~~medicaid waiver component~~home and	112892
community-based services slots the county board requested before	112893
July 1, 2007, that were assigned to the county board before that	112894
date but in which no individual was enrolled before that date.	112895

~~(C)~~(B) An individual enrolled in ~~a medicaid waiver component~~	112896
home and community-based services after March 1, 2007, due to an	112897
emergency reserve capacity waiver assignment shall not be counted	112898
in determining the number of individuals a county board must	112899
ensure under division ~~(B)~~(A) of this section are enrolled in a	112900
~~medicaid waiver component~~home and community-based services.	112901

~~(D)~~(C) An individual who is enrolled in ~~a medicaid waiver~~	112902
~~component~~home and community-based services to comply with the	112903
terms of the consent order filed March 5, 2007, in Martin v.	112904
Strickland, Case No. 89-CV-00362, in the United States district	112905
court for the southern district of Ohio, eastern division, shall	112906
be excluded in determining whether a county board has complied	112907
with division ~~(B)~~(A) of this section.	112908

~~(E)~~(D) A county board shall make as many requests for	112909
individuals to be enrolled in ~~a medicaid waiver component~~home and	112910
community-based services as necessary for the county board to	112911
comply with division ~~(B)~~(A) of this section.	112912

Sec. 5126.08. (A) The director of developmental disabilities	112913
shall adopt rules in accordance with Chapter 119. of the Revised	112914
Code for all programs and services offered by a county board of	112915
developmental disabilities. Such rules shall include, but are not	112916
limited to, the following:	112917

(1) Determination of what constitutes a program or service;

112918

(2) Standards to be followed by a board in administering,	112919
providing, arranging, or operating programs and services;	112920

(3) Standards for determining the nature and degree of mental	112921
retardation, including mild mental retardation, or developmental	112922
disability;	112923

(4) Standards for determining eligibility for programs and	112924
services under ~~sections 5126.042 and~~section 5126.15 of the	112925
Revised Code;	112926

(5) Procedures for obtaining consent for the arrangement of	112927
services under section 5126.31 of the Revised Code and for	112928
obtaining signatures on individual service plans under that	112929
section;	112930

(6) Specification of the service and support administration	112931
to be provided by a county board and standards for resolving	112932
grievances in connection with service and support administration;	112933

~~(7) Standards for the provision of environmental~~	112934
~~modifications, including standards that require adherence to all~~	112935
~~applicable state and local building codes;~~	112936

~~(8) Standards for the provision of specialized medical,~~	112937
~~adaptive, and assistive equipment, supplies, and supports~~.	112938

(B) The director shall be the final authority in determining	112939
the nature and degree of mental retardation or developmental	112940
disability.	112941

Sec. 5126.11. (A) As used in this section, "respite care"	112942
means appropriate, short-term, temporary care that is provided to	112943
a mentally retarded or developmentally disabled person to sustain	112944
the family structure or to meet planned or emergency needs of the	112945
family.	112946

(B) Subject to rules adopted by the director of developmental	112947
disabilities, and subject to the availability of money from state	112948
and federal sources, the county board of developmental	112949
disabilities shall establish a family support services program.	112950
Under such a program, the board shall make payments to an	112951
individual with mental retardation or other developmental	112952
disability or the family of an individual with mental retardation	112953
or other developmental disability who desires to remain in and be	112954
supported in the family home. Payments shall be made for all or	112955
part of costs incurred or estimated to be incurred for services	112956
that would promote self-sufficiency and normalization, prevent or	112957
reduce inappropriate institutional care, and further the unity of	112958
the family by enabling the family to meet the special needs of the	112959
individual and to live as much like other families as possible.	112960
Payments may be made in the form of reimbursement for expenditures	112961
or in the form of vouchers to be used to purchase services.	112962

(C) Payment shall not be made under this section to an	112963
individual or the individual's family if the individual is living	112964
in a residential facility that is providing residential services	112965
under contract with the department of developmental disabilities	112966
or a county board.	112967

(D) Payments may be made for the following services:

112968

(1) Respite care, in or out of the home;

112969

(2) Counseling, supervision, training, and education of the	112970
individual, the individual's caregivers, and members of the	112971
individual's family that aid the family in providing proper care	112972
for the individual, provide for the special needs of the family,	112973
and assist in all aspects of the individual's daily living;	112974

(3) Special diets, purchase or lease of special equipment, or	112975
modifications of the home, if such diets, equipment, or	112976
modifications are necessary to improve or facilitate the care and	112977
living environment of the individual;	112978

(4) Providing support necessary for the individual's	112979
continued skill development, including such services as	112980
development of interventions to cope with unique problems that may	112981
occur within the complexity of the family, enrollment of the	112982
individual in special summer programs, provision of appropriate	112983
leisure activities, and other social skills development	112984
activities;	112985

(5) Any other services that are consistent with the purposes	112986
specified in division (B) of this section and specified in the	112987
individual's service plan.	112988

(E) In order to be eligible for payments under a family	112989
support services program, the individual or the individual's	112990
family must reside in the county served by the county board, and	112991
the individual must be in need of habilitation. Payments shall be	112992
adjusted for income in accordance with the payment schedule	112993
established in rules adopted under this section. Payments shall be	112994
made only after the county board has taken into account all other	112995
available assistance for which the individual or family is	112996
eligible.	112997

(F) Before incurring expenses for a service for which payment	112998
will be sought under a family support services program, the	112999
individual or family shall apply to the county board for a	113000
determination of eligibility and approval of the service. The	113001
service need not be provided in the county served by the county	113002
board. After being determined eligible and receiving approval for	113003
the service, the individual or family may incur expenses for the	113004
service or use the vouchers received from the county board for the	113005
purchase of the service.	113006

If the county board refuses to approve a service, an appeal	113007
may be made in accordance with rules adopted by the department	113008
under this section.	113009

(G) To be reimbursed for expenses incurred for approved	113010
services, the individual or family shall submit to the county	113011
board a statement of the expenses incurred accompanied by any	113012
evidence required by the board. To redeem vouchers used to	113013
purchase approved services, the entity that provided the service	113014
shall submit to the county board evidence that the service was	113015
provided and a statement of the charges. The county board shall	113016
make reimbursements and redeem vouchers no later than forty-five	113017
days after it receives the statements and evidence required by	113018
this division.	113019

(H) A county board shall consider the following objectives in	113020
carrying out a family support services program:	113021

(1) Enabling individuals to return to their families from an	113022
institution under the jurisdiction of the department of	113023
developmental disabilities;	113024

(2) Enabling individuals found to be subject to	113025
institutionalization by court order under section 5123.76 of the	113026
Revised Code to remain with their families with the aid of	113027
payments provided under this section;	113028

(3) Providing services to eligible children and adults	113029
currently residing in the community;	113030

(4) Providing services to individuals with developmental	113031
disabilities who are not receiving other services from the board.	113032

(I) The director shall adopt, and may amend and rescind,	113033
rules for the implementation of family support services programs	113034
by county boards. Such rules shall include the following:	113035

(1) A payment schedule adjusted for income;

113036

(2) ~~A formula for distributing to county boards the money~~	113037
~~appropriated for family support services;~~	113038

~~(3)~~ Standards for supervision, training, and quality control	113039
in the provision of respite care services;	113040

~~(4)~~(3) Eligibility standards and procedures for providing	113041
temporary emergency respite care;	113042

~~(5)~~(4) Procedures for hearing and deciding appeals made under	113043
division (F) of this section;	113044

~~(6) Requirements to be followed by county boards regarding~~	113045
~~reports submitted under division (K) of this section~~.	113046

Rules adopted under ~~divisions~~division (I)(1) ~~and (2)~~ of this	113047
section shall be adopted in accordance with section 111.15 of the	113048
Revised Code. Rules adopted under divisions (I)~~(3)~~(2) to ~~(6)~~(4) of	113049
this section shall be adopted in accordance with Chapter 119. of	113050
the Revised Code.	113051

(J) All individuals certified by the superintendent of the	113052
county board as eligible for temporary emergency respite care in	113053
accordance with rules adopted under this section shall be	113054
considered eligible for temporary emergency respite care for not	113055
more than five days to permit the determination of eligibility for	113056
family support services. The requirements of divisions (E) and (F)	113057
of this section do not apply to temporary emergency respite care.	113058

(K) ~~The department of developmental disabilities shall~~	113059
~~distribute to county boards money appropriated for family support~~	113060
~~services in quarterly installments of equal amounts. The~~	113061
~~installments shall be made not later than the thirtieth day of~~	113062
~~September, the thirty-first day of December, the thirty-first day~~	113063
~~of March, and the thirtieth day of June. A county board shall use~~	113064
~~no more than seven per cent of the funds for administrative costs.~~	113065
~~Each county board shall submit reports to the department on~~	113066
~~payments made under this section. The reports shall be submitted~~	113067
~~at those times and in the manner specified in rules adopted under~~	113068
~~this section.~~	113069

~~(L)~~ The county board shall not be required to make payments	113070
for family support services at a level that exceeds available	113071
state and federal funds for such payments.	113072

Sec. 5126.12. ~~(A) As used in this section:~~

113073

~~(1) "Approved school age class" means a class operated by a~~	113074
~~county board of developmental disabilities and funded by the~~	113075
~~department of education under section 3317.20 of the Revised Code.~~	113076

~~(2) "Approved preschool unit" means a class or unit operated~~	113077
~~by a county board of developmental disabilities and approved under~~	113078
~~division (B) of section 3317.05 of the Revised Code.~~	113079

~~(3) "Active treatment" means a continuous treatment program,~~	113080
~~which includes aggressive, consistent implementation of a program~~	113081
~~of specialized and generic training, treatment, health services,~~	113082
~~and related services, that is directed toward the acquisition of~~	113083
~~behaviors necessary for an individual with mental retardation or~~	113084
~~other developmental disability to function with as much~~	113085
~~self-determination and independence as possible and toward the~~	113086
~~prevention of deceleration, regression, or loss of current optimal~~	113087
~~functional status.~~	113088

~~(4) "Eligible for active treatment" means that an individual~~	113089
~~with mental retardation or other developmental disability resides~~	113090
~~in an intermediate care facility for the mentally retarded~~	113091
~~certified under Title XIX of the "Social Security Act," 79 Stat.~~	113092
~~286 (1965), 42 U.S.C. 1396, as amended; resides in a state~~	113093
~~institution operated by the department of developmental~~	113094
~~disabilities; or is enrolled in home and community-based services.~~	113095

~~(5) "Traditional adult services" means vocational and~~	113096
~~nonvocational activities conducted within a sheltered workshop or~~	113097
~~adult activity center or supportive home services.~~	113098

~~(B) Each~~On or before the last day of each April, each county	113099
board of developmental disabilities shall certify to the director	113100
of developmental disabilities ~~all of the following:~~	113101

~~(1) On or before the fifteenth day of October, the average~~	113102
~~daily membership for the first full week of programs and services~~	113103
~~during October receiving:~~	113104

~~(a) Early childhood services provided pursuant to section~~	113105
~~5126.05 of the Revised Code for children who are less than three~~	113106
~~years of age on the thirtieth day of September of the academic~~	113107
~~year;~~	113108

~~(b) Special education for children with disabilities in~~	113109
~~approved school age classes;~~	113110

~~(c) Adult services for persons sixteen years of age and older~~	113111
~~operated pursuant to section 5126.05 and division (B) of section~~	113112
~~5126.051 of the Revised Code. Separate counts shall be made for~~	113113
~~the following:~~	113114

~~(i) Persons enrolled in traditional adult services who are~~	113115
~~eligible for but not enrolled in active treatment;~~	113116

~~(ii) Persons enrolled in traditional adult services who are~~	113117
~~eligible for and enrolled in active treatment;~~	113118

~~(iii) Persons enrolled in traditional adult services but who~~	113119
~~are not eligible for active treatment;~~	113120

~~(iv) Persons participating in community employment services.~~	113121
~~To be counted as participating in community employment services, a~~	113122
~~person must have spent an average of no less than ten hours per~~	113123
~~week in that employment during the preceding six months.~~	113124

~~(d) Other programs in the county for individuals with mental~~	113125
~~retardation and developmental disabilities that have been approved~~	113126
~~for payment of subsidy by the department of developmental~~	113127
~~disabilities.~~	113128

~~The membership in each such program and service in the county~~	113129
~~shall be reported on forms prescribed by the department of~~	113130
~~developmental disabilities.~~	113131

~~The department of developmental disabilities shall adopt~~	113132
~~rules defining full-time equivalent enrollees and for determining~~	113133
~~the average daily membership therefrom, except that certification~~	113134
~~of average daily membership in approved school age classes shall~~	113135
~~be in accordance with rules adopted by the state board of~~	113136
~~education. The average daily membership figure shall be determined~~	113137
~~by dividing the amount representing the sum of the number of~~	113138
~~enrollees in each program or service in the week for which the~~	113139
~~certification is made by the number of days the program or service~~	113140
~~was offered in that week. No enrollee may be counted in average~~	113141
~~daily membership for more than one program or service.~~	113142

~~(2) By the fifteenth day of December, the number of children~~	113143
~~enrolled in approved preschool units on the first day of December;~~	113144

~~(3) On or before the thirtieth day of April, an itemized~~	113145
~~report of~~ all of the county board's income and operating	113146
expenditures for the immediately preceding calendar year,. The	113147
certification shall be provided in an itemized report prepared and	113148
submitted in ~~the~~a format specified by the department of	113149
developmental disabilities;	113150

~~(4) That each required certification and report is~~ in	113151
~~accordance with~~ rules ~~established by the department of~~	113152
~~developmental disabilities and the state board of education for~~	113153
~~the operation and subsidization of the programs and services~~.	113154

Sec. 5126.18. (A) As used in this section:

113155

(1) "Taxable value" means the taxable value of a county	113156
certified under division (B) of this section.	113157

(2) "Per-mill yield" means the quotient obtained by dividing	113158
the taxable value of a county by one thousand.	113159

(3) "Population" of a county means that shown by the federal	113160
census for a census year or, for a noncensus year, the population	113161
as estimated by the department of development.	113162

(4) "Six-year moving average" means the average of the	113163
per-mill yields of a county for the most recent six years.	113164

(5) "Yield per person" means the quotient obtained by	113165
dividing the six-year moving average of a county by the population	113166
of that county.	113167

(6) "Tax equity payments" means payments to county boards of	113168
developmental disabilities under this section or a prior version	113169
of this section from money appropriated by the general assembly to	113170
the department of developmental disabilities for that purpose.	113171

(7) "Eligible county" means a county determined under	113172
division (C) of this section to be eligible for tax equity	113173
payments for the two-year period for which that determination is	113174
made.	113175

(8) "Threshold county" means the county with the lowest yield	113176
per person that is determined not to be eligible to receive tax	113177
equity payments.	113178

(B) At the request of the director of developmental	113179
disabilities, the tax commissioner shall certify to the director	113180
the taxable value of property on each county's most recent tax	113181
list of real and public utility property. The director may request	113182
any other tax information necessary for the purposes of this	113183
section.	113184

(C) Beginning in 2011, on or before the thirty-first day of	113185
May of that year and of every second year thereafter, the director	113186
of developmental disabilities shall determine whether a county is	113187
eligible to receive tax equity payments for the ensuing two fiscal	113188
years as follows:	113189

(1) The director shall determine the six-year moving average,	113190
population, and yield per person of each county in the state,	113191
based on the most recent information available.	113192

(2) The director shall calculate a tax equity funding	113193
threshold by adding the population of the county with the lowest	113194
yield per person and the populations of individual counties in	113195
order from lowest yield per person to highest yield per person	113196
until the addition of the population of another county would	113197
increase the aggregate sum to over thirty per cent of the total	113198
state population. A county is eligible to receive tax equity	113199
payments for the two-year period if its population is included in	113200
the calculation of the threshold and the addition of its	113201
population does not increase such sum to over thirty per cent of	113202
the total state population.	113203

(D)(1) Except as provided in divisions (D)(2) and (3) of this	113204
section, beginning in fiscal year 2012 and for each fiscal year	113205
thereafter, the director shall make tax equity payments to each	113206
eligible county equal to the population of the county multiplied	113207
by the difference between the yield per person of the threshold	113208
county and the yield per person of the eligible county. For	113209
purposes of this division, the population and yield per person of	113210
a county equal the population and yield per person most recently	113211
determined for that county under division (C)(1) of this section.	113212
The payments shall be made in quarterly installments of equal	113213
amounts not later than the thirtieth day of September, the	113214
thirty-first day of December, the thirty-first day of March, and	113215
the thirtieth day of June of each fiscal year.	113216

(2) In fiscal year 2012, if the amount determined under	113217
division (D)(1) of this section for an eligible county is at least	113218
twenty thousand dollars greater than or twenty thousand dollars	113219
less than the amount of tax equity payments the county received in	113220
fiscal year 2011, the county's tax equity payments for fiscal	113221
years 2012 through 2014 shall equal the following:	113222

(a) For fiscal year 2012, one-fourth of the amount calculated	113223
for the eligible county under division (D)(1) of this section plus	113224
three-fourths of the amount of tax equity payments the county	113225
received in fiscal year 2011;	113226

(b) For fiscal year 2013, one-half of the amount calculated	113227
for the eligible county under division (D)(1) of this section plus	113228
one-half of the amount of tax equity payments the county received	113229
in fiscal year 2011;	113230

(c) For fiscal year 2014, three-fourths of the amount	113231
calculated for the eligible county under division (D)(1) of this	113232
section plus one-fourth of the amount of tax equity payments the	113233
county received in fiscal year 2011.	113234

(3) In any fiscal year, if the total amount of tax equity	113235
payments for all eligible counties as determined under divisions	113236
(D)(1) and (2) of this section is greater than the amount	113237
appropriated to the department of developmental disabilities for	113238
the purpose of making such payments in that fiscal year, the	113239
director shall reduce the payments to each eligible county board	113240
in equal proportion. If the total amount of tax equity payments as	113241
determined under that division is less than the amount	113242
appropriated to the department for that purpose, the director	113243
shall determine how to allocate the excess money after	113244
consultation with the Ohio association of county boards serving	113245
people with developmental disabilities.	113246

(4) Tax equity payments shall be paid only to an eligible	113247
county board of developmental disabilities and not to a regional	113248
council established under section 5126.13 of the Revised Code or	113249
any other entity.	113250

(E)(1) Except as provided in division (E)(2) of this section,	113251
a county board of developmental disabilities shall use tax equity	113252
payments solely to pay the nonfederal share of medicaid	113253
expenditures it is required to pay under sections 5126.059 and	113254
5126.0510 of the Revised Code. Tax equity payments shall not be	113255
used to pay any salary or other compensation to county board	113256
personnel.	113257

(2) Upon the written request of a county board, the director	113258
of developmental disabilities may authorize a county board to use	113259
tax equity payments for infrastructure improvements necessary to	113260
support medicaid waiver administration.	113261

(3) The director may audit any county board receiving tax	113262
equity payments to ensure appropriate use of the payments in	113263
accordance with this section. If the director determines that a	113264
county board is using payments inappropriately, the director shall	113265
notify the county board in writing of the determination. Within	113266
thirty days after receiving the director's notification, the	113267
county board shall submit a written plan of correction to the	113268
director. The director may accept or reject the plan. If the	113269
director rejects the plan, the director may require the county	113270
board to repay all or a portion of the amount of tax equity	113271
payments used inappropriately. The director shall distribute any	113272
tax equity payments returned under this division to other eligible	113273
county boards in accordance with a plan developed by the director	113274
after consultation with the Ohio association of county boards	113275
serving people with developmental disabilities.	113276

Sec. 5126.24. (A) As used in this section:

113277

(1) "License" means an educator license issued by the state	113278
board of education under section 3319.22 of the Revised Code or a	113279
certificate issued by the department of developmental	113280
disabilities.	113281

(2) "Teacher" means a person employed by a county board of	113282
developmental disabilities in a position that requires a license.	113283

(3) "Nonteaching employee" means a person employed by a	113284
county board of developmental disabilities in a position that does	113285
not require a license.	113286

(4) "Years of service" includes all service described in	113287
division (A) of section 3317.13 of the Revised Code.	113288

(B) Subject to rules established by the director of	113289
developmental disabilities pursuant to Chapter 119. of the Revised	113290
Code, each county board of developmental disabilities shall	113291
annually adopt separate salary schedules for teachers and	113292
nonteaching employees.	113293

(C) The teachers' salary schedule shall provide for	113294
increments based on training and years of service. The board may	113295
establish its own service requirements provided no teacher	113296
receives less than the salary the teacher would be paid under	113297
section 3317.13 of the Revised Code if the teacher were employed	113298
by a school district board of education and provided full credit	113299
for a minimum of five years of actual teaching and military	113300
experience as defined in division (A) of such section is given to	113301
each teacher.	113302

Each teacher who has completed training that would qualify	113303
the teacher for a higher salary bracket pursuant to this section	113304
shall file by the fifteenth day of September with the fiscal	113305
officer of the board, satisfactory evidence of the completion of	113306
such additional training. The fiscal officer shall then	113307
immediately place the teacher, pursuant to this section, in the	113308
proper salary bracket in accordance with training and years of	113309
service. No teacher shall be paid less than the salary to which	113310
the teacher would be entitled under section 3317.13 of the Revised	113311
Code if the teacher were employed by a school district board of	113312
education.	113313

The superintendent of each county board, on or before the	113314
fifteenth day of October of each year, shall certify to the state	113315
board of education the name of each teacher employed, on an annual	113316
salary, in each special education program operated pursuant to	113317
section 3323.09 of the Revised Code during the first full school	113318
week of October. The superintendent further shall certify, for	113319
each teacher, the number of years of training completed at a	113320
recognized college, the degrees earned from a college recognized	113321
by the state board, the type of license held, the number of months	113322
employed by the board, the annual salary, and other information	113323
that the state board may request.	113324

(D) The nonteaching employees' salary schedule established by	113325
the board shall be based on training, experience, and	113326
qualifications with initial salaries no less than salaries in	113327
effect on July 1, 1985. Each board shall prepare and may amend	113328
from time to time, specifications descriptive of duties,	113329
responsibilities, requirements, and desirable qualifications of	113330
the classifications of employees required to perform the duties	113331
specified in the salary schedule. All nonteaching employees shall	113332
be notified of the position classification to which they are	113333
assigned and the salary for the classification. The compensation	113334
of all nonteaching employees working for a particular board shall	113335
be uniform for like positions except as compensation would be	113336
affected by salary increments based upon length of service.	113337

On the fifteenth day of October of each year the nonteaching	113338
employees' salary schedule and list of job classifications and	113339
salaries in effect on that date shall be filed by each board with	113340
the superintendent of public instruction. If such salary schedule	113341
and classification plan is not filed, the superintendent of public	113342
instruction shall order the board to file such schedule and list	113343
forthwith. If this condition is not corrected within ten days	113344
after receipt of the order from the superintendent, no money shall	113345
be distributed to the ~~district~~board under Chapter ~~3306. or~~ 3317.	113346
of the Revised Code until the superintendent has satisfactory	113347
evidence of the board's full compliance with such order.	113348

Sec. 5126.41. The county board of developmental disabilities	113349
shall identify residents of the county for whom supported living	113350
is to be provided. Identification of the residents shall be made	113351
in accordance with the priorities set under section 5126.04 of the	113352
Revised Code and the waiting ~~list policies developed~~lists	113353
established under section 5126.042 of the Revised Code. The board	113354
shall assist the residents in identifying their individual service	113355
needs.	113356

To arrange supported living for an individual, the board	113357
shall assist the individual in developing an individual service	113358
plan. In developing the plan, the individual shall choose a	113359
residence that is appropriate according to local standards; the	113360
individuals, if any, with whom the individual will live in the	113361
residence; the services the individual needs to live in the	113362
individual's residence of choice; and the providers from which the	113363
services will be received. The choices available to an individual	113364
shall be based on available resources.	113365

The board shall obtain the consent of the individual or the	113366
individual's guardian and the signature of the individual or	113367
guardian on the individual service plan. The county board shall	113368
ensure that the individual receives from the provider the services	113369
contracted for under section 5126.45 of the Revised Code.	113370

An individual service plan for supported living shall be	113371
effective for a period of time agreed to by the county board and	113372
the individual. In determinating that period, the county board and	113373
the individual shall consider the nature of the services to be	113374
provided and the manner in which they are customarily provided.	113375

Sec. 5126.42. (A) A county board of developmental	113376
disabilities shall establish an advisory council composed of board	113377
members or employees of the board, providers, individuals	113378
receiving supported living, and advocates for individuals	113379
receiving supported living to provide on-going communication among	113380
all persons concerned with supported living.	113381

(B) The board shall develop procedures for the resolution of	113382
grievances between the board and providers or between the board	113383
and an entity with which it has a shared funding agreement.	113384

(C) The board shall develop and implement a provider	113385
selection system. Each system shall enable an individual to choose	113386
to continue receiving supported living from the same providers, to	113387
select additional providers, or to choose alternative providers.	113388
Annually, the board shall review its provider selection system to	113389
determine whether it has been implemented in a manner that allows	113390
individuals fair and equitable access to providers.	113391

In developing a provider selection system, the county board	113392
shall create a pool of providers for individuals to use in	113393
choosing their providers of supported living. The pool shall be	113394
created by placing in the pool all providers on record with the	113395
board or by placing in the pool all providers approved by the	113396
board through soliciting requests for proposals for supported	113397
living contracts. In either case, only providers that are	113398
certified by the director of developmental disabilities may be	113399
placed in the pool.	113400

If the board places all providers on record in the pool, the	113401
board shall review the pool at least annually to determine whether	113402
each provider has continued interest in being a provider and has	113403
maintained its certification by the department. At any time, an	113404
interested and certified provider may make a request to the board	113405
that it be added to the pool, and the board shall add the provider	113406
to the pool not later than seven days after receiving the request.	113407

If the board solicits requests for proposals for inclusion of	113408
providers in the pool, the board shall develop standards for	113409
selecting the providers to be included. Requests for proposals	113410
shall be solicited at least annually. When requests are solicited,	113411
the board shall cause legal notices to be published ~~at least~~ once	113412
each week for two consecutive weeks in a newspaper ~~with~~of general	113413
circulation within the county or as provided in section 7.16 of	113414
the Revised Code. The board's formal request for proposals shall	113415
include a description of any applicable contract terms, the	113416
standards that are used to select providers for inclusion in the	113417
pool, and the process the board uses to resolve disputes arising	113418
from the selection process. The board shall accept requests from	113419
any entity interested in being a provider of supported living for	113420
individuals served by the board. Requests shall be approved or	113421
denied according to the standards developed by the board.	113422
Providers that previously have been placed in the pool are not	113423
required to resubmit a request for proposal to be included in the	113424
pool, unless the board's standards have been changed.	113425

In assisting an individual in choosing a provider, the county	113426
board shall provide the individual with uniform and consistent	113427
information pertaining to each provider in the pool. An individual	113428
may choose to receive supported living from a provider that is not	113429
included in the pool, if the provider is certified by the director	113430
of developmental disabilities.	113431

Sec. 5139.11. The department of youth services shall do all	113432
of the following:	113433

(A) Through a program of education, promotion, and	113434
organization, form groups of local citizens and assist these	113435
groups in conducting activities aimed at the prevention and	113436
control of juvenile delinquency, making use of local people and	113437
resources for the following purposes:	113438

(1) Combatting local conditions known to contribute to	113439
juvenile delinquency;	113440

(2) Developing recreational and other programs for youth	113441
work;	113442

(3) Providing adult sponsors for delinquent children cases;

113443

(4) Dealing with other related problems of the locality.

113444

(B) Advise local, state, and federal officials, public and	113445
private agencies, and lay groups on the needs for and possible	113446
methods of the reduction and prevention of juvenile delinquency	113447
and the treatment of delinquent children;	113448

(C) Consult with the schools and courts of this state on the	113449
development of programs for the reduction and prevention of	113450
delinquency and the treatment of delinquents;	113451

(D) Cooperate with other agencies whose services deal with	113452
the care and treatment of delinquent children to the end that	113453
delinquent children who are state wards may be assisted whenever	113454
possible to a successful adjustment outside of institutional care;	113455

(E) Cooperate with other agencies in surveying, developing,	113456
and utilizing the recreational resources of a community as a means	113457
of combatting the problem of juvenile delinquency and effectuating	113458
rehabilitation;	113459

(F) Hold district and state conferences from time to time in	113460
order to acquaint the public with current problems of juvenile	113461
delinquency and develop a sense of civic responsibility toward the	113462
prevention of juvenile delinquency;	113463

(G) Assemble and distribute information relating to juvenile	113464
delinquency and report on studies relating to community conditions	113465
that affect the problem of juvenile delinquency;	113466

(H) Assist any community within the state by conducting a	113467
comprehensive survey of the community's available public and	113468
private resources, and recommend methods of establishing a	113469
community program for combatting juvenile delinquency and crime,	113470
but no survey of that type shall be conducted unless local	113471
individuals and groups request it through their local authorities,	113472
and no request of that type shall be interpreted as binding the	113473
community to following the recommendations made as a result of the	113474
request;	113475

(I) Evaluate the rehabilitation of children committed to the	113476
department and prepare and submit periodic reports to the	113477
committing court for the following purposes:	113478

(1) Evaluating the effectiveness of institutional treatment;

113479

(2) Making recommendations for judicial release under section	113480
2152.22 of the Revised Code if appropriate and recommending	113481
conditions for judicial release;	113482

(3) Reviewing the placement of children and recommending	113483
alternative placements where appropriate.	113484

(J) Coordinate dates for hearings to be conducted under	113485
section 2152.22 of the Revised Code and assist in the transfer and	113486
release of children from institutionalization to the custody of	113487
the committing court;	113488

(K)(1) Coordinate and assist juvenile justice systems by	113489
doing the following:	113490

(a) Performing juvenile justice system planning in the state,	113491
including any planning that is required by any federal law;	113492

(b) Collecting, analyzing, and correlating information and	113493
data concerning the juvenile justice system in the state;	113494

(c) Cooperating with and providing technical assistance to	113495
state departments, administrative planning districts, metropolitan	113496
county criminal justice services agencies, criminal justice	113497
coordinating councils, and agencies, offices, and departments of	113498
the juvenile justice system in the state, and other appropriate	113499
organizations and persons;	113500

(d) Encouraging and assisting agencies, offices, and	113501
departments of the juvenile justice system in the state and other	113502
appropriate organizations and persons to solve problems that	113503
relate to the duties of the department;	113504

(e) Administering within the state any juvenile justice acts	113505
and programs that the governor requires the department to	113506
administer;	113507

(f) Implementing the state comprehensive plans;

113508

(g) Visiting and inspecting jails, detention facilities,	113509
correctional facilities, facilities that may hold juveniles	113510
involuntarily, or any other facility that may temporarily house	113511
juveniles on a voluntary or involuntary basis for the purpose of	113512
compliance pursuant to the "Juvenile Justice and Delinquency	113513
Prevention Act of 1974," 88 Stat. 1109, as amended;	113514

(h) Auditing grant activities of agencies, offices,	113515
organizations, and persons that are financed in whole or in part	113516
by funds granted through the department;	113517

~~(h)~~(i) Monitoring or evaluating the performance of juvenile	113518
justice system projects and programs in the state that are	113519
financed in whole or in part by funds granted through the	113520
department;	113521

~~(i)~~(j) Applying for, allocating, disbursing, and accounting	113522
for grants that are made available pursuant to federal juvenile	113523
justice acts, or made available from other federal, state, or	113524
private sources, to improve the criminal and juvenile justice	113525
systems in the state. All money from federal juvenile justice act	113526
grants shall, if the terms under which the money is received	113527
require that the money be deposited into an interest bearing fund	113528
or account, be deposited in the state treasury to the credit of	113529
the federal juvenile justice program purposes fund, which is	113530
hereby created. All investment earnings shall be credited to the	113531
fund.	113532

~~(j)~~(k) Contracting with federal, state, and local agencies,	113533
foundations, corporations, businesses, and persons when necessary	113534
to carry out the duties of the department;	113535

~~(k)~~(l) Overseeing the activities of metropolitan county	113536
criminal justice services agencies, administrative planning	113537
districts, and juvenile justice coordinating councils in the	113538
state;	113539

~~(l)~~(m) Advising the general assembly and governor on	113540
legislation and other significant matters that pertain to the	113541
improvement and reform of the juvenile justice system in the	113542
state;	113543

~~(m)~~(n) Preparing and recommending legislation to the general	113544
assembly and governor for the improvement of the juvenile justice	113545
system in the state;	113546

~~(n)~~(o) Assisting, advising, and making any reports that are	113547
required by the governor, attorney general, or general assembly;	113548

~~(o)~~(p) Adopting rules pursuant to Chapter 119. of the Revised	113549
Code.	113550

(2) Division (K)(1) of this section does not limit the	113551
discretion or authority of the attorney general with respect to	113552
crime victim assistance and criminal and juvenile justice	113553
programs.	113554

(3) Nothing in division (K)(1) of this section is intended to	113555
diminish or alter the status of the office of the attorney general	113556
as a criminal justice services agency.	113557

(4) The governor may appoint any advisory committees to	113558
assist the department that the governor considers appropriate or	113559
that are required under any state or federal law.	113560

Sec. 5139.43. (A) The department of youth services shall	113561
operate a felony delinquent care and custody program that shall be	113562
operated in accordance with the formula developed pursuant to	113563
section 5139.41 of the Revised Code, subject to the conditions	113564
specified in this section.	113565

(B)(1) Each juvenile court shall use the moneys disbursed to	113566
it by the department of youth services pursuant to division (B) of	113567
section 5139.41 of the Revised Code in accordance with the	113568
applicable provisions of division (B)(2) of this section and shall	113569
transmit the moneys to the county treasurer for deposit in	113570
accordance with this division. The county treasurer shall create	113571
in the county treasury a fund that shall be known as the felony	113572
delinquent care and custody fund and shall deposit in that fund	113573
the moneys disbursed to the juvenile court pursuant to division	113574
(B) of section 5139.41 of the Revised Code. The county treasurer	113575
also shall deposit into that fund the state subsidy funds granted	113576
to the county pursuant to section 5139.34 of the Revised Code. The	113577
moneys disbursed to the juvenile court pursuant to division (B) of	113578
section 5139.41 of the Revised Code and deposited pursuant to this	113579
division in the felony delinquent care and custody fund shall not	113580
be commingled with any other county funds except state subsidy	113581
funds granted to the county pursuant to section 5139.34 of the	113582
Revised Code; shall not be used for any capital construction	113583
projects; upon an order of the juvenile court and subject to	113584
appropriation by the board of county commissioners, shall be	113585
disbursed to the juvenile court for use in accordance with the	113586
applicable provisions of division (B)(2) of this section; shall	113587
not revert to the county general fund at the end of any fiscal	113588
year; and shall carry over in the felony delinquent care and	113589
custody fund from the end of any fiscal year to the next fiscal	113590
year. The maximum balance carry-over at the end of each respective	113591
fiscal year in the felony delinquent care and custody fund in any	113592
county from funds allocated to the county pursuant to sections	113593
5139.34 and 5139.41 of the Revised Code in the previous fiscal	113594
year shall not exceed an amount to be calculated as provided in	113595
the formula set forth in this division, unless that county has	113596
applied for and been granted an exemption by the director of youth	113597
services. Beginning June 30, 2008, the maximum balance carry-over	113598
at the end of each respective fiscal year shall be determined by	113599
the following formula: for fiscal year 2008, the maximum balance	113600
carry-over shall be one hundred per cent of the allocation for	113601
fiscal year 2007, to be applied in determining the fiscal year	113602
2009 allocation; for fiscal year 2009, it shall be fifty per cent	113603
of the allocation for fiscal year 2008, to be applied in	113604
determining the fiscal year 2010 allocation; for fiscal year 2010,	113605
it shall be twenty-five per cent of the allocation for fiscal year	113606
2009, to be applied in determining the fiscal year 2011	113607
allocation; and for each fiscal year subsequent to fiscal year	113608
2010, it shall be twenty-five per cent of the allocation for the	113609
immediately preceding fiscal year, to be applied in determining	113610
the allocation for the next immediate fiscal year. The department	113611
shall withhold from future payments to a county an amount equal to	113612
any moneys in the felony delinquent care and custody fund of the	113613
county that exceed the total maximum balance carry-over that	113614
applies for that county for the fiscal year in which the payments	113615
are being made and shall reallocate the withheld amount. The	113616
department shall adopt rules for the withholding and reallocation	113617
of moneys disbursed under sections 5139.34 and 5139.41 of the	113618
Revised Code and for the criteria and process for a county to	113619
obtain an exemption from the withholding requirement. The moneys	113620
disbursed to the juvenile court pursuant to division (B) of	113621
section 5139.41 of the Revised Code and deposited pursuant to this	113622
division in the felony delinquent care and custody fund shall be	113623
in addition to, and shall not be used to reduce, any usual annual	113624
increase in county funding that the juvenile court is eligible to	113625
receive or the current level of county funding of the juvenile	113626
court and of any programs or services for delinquent children,	113627
unruly children, or juvenile traffic offenders.	113628

(2)(a) A county and the juvenile court that serves the county	113629
shall use the moneys in its felony delinquent care and custody	113630
fund in accordance with rules that the department of youth	113631
services adopts pursuant to division (D) of section 5139.04 of the	113632
Revised Code and as follows:	113633

(i) The moneys in the fund that represent state subsidy funds	113634
granted to the county pursuant to section 5139.34 of the Revised	113635
Code shall be used to aid in the support of prevention, early	113636
intervention, diversion, treatment, and rehabilitation programs	113637
that are provided for alleged or adjudicated unruly children or	113638
delinquent children or for children who are at risk of becoming	113639
unruly children or delinquent children. The county shall not use	113640
for capital improvements more than fifteen per cent of the moneys	113641
in the fund that represent the applicable annual grant of those	113642
state subsidy funds.	113643

(ii) The moneys in the fund that were disbursed to the	113644
juvenile court pursuant to division (B) of section 5139.41 of the	113645
Revised Code and deposited pursuant to division (B)(1) of this	113646
section in the fund shall be used to provide programs and services	113647
for the training, treatment, or rehabilitation of felony	113648
delinquents that are alternatives to their commitment to the	113649
department, including, but not limited to, community residential	113650
programs, day treatment centers, services within the home, and	113651
electronic monitoring, and shall be used in connection with	113652
training, treatment, rehabilitation, early intervention, or other	113653
programs or services for any delinquent child, unruly child, or	113654
juvenile traffic offender who is under the jurisdiction of the	113655
juvenile court.	113656

The fund also may be used for prevention, early intervention,	113657
diversion, treatment, and rehabilitation programs that are	113658
provided for alleged or adjudicated unruly children, delinquent	113659
children, or juvenile traffic offenders or for children who are at	113660
risk of becoming unruly children, delinquent children, or juvenile	113661
traffic offenders. Consistent with division (B)(1) of this	113662
section, a county and the juvenile court of a county shall not use	113663
any of those moneys for capital construction projects.	113664

(iii) Moneys in the fund shall not be used to support	113665
programs or services that do not comply with federal juvenile	113666
justice and delinquency prevention core requirements or to support	113667
programs or services that research has shown to be ineffective.	113668
Moneys in the fund shall be prioritized to research-supported,	113669
outcome-based programs and services.	113670

(iv) The county and the juvenile court that serves the county	113671
may use moneys in the fund to provide out-of-home placement of	113672
children only in detention centers, community rehabilitation	113673
centers, or community corrections facilities approved by the	113674
department pursuant to standards adopted by the department,	113675
licensed by an authorized state agency, or accredited by the	113676
American correctional association or another national organization	113677
recognized by the department.	113678

(b) Each juvenile court shall comply with division (B)(3)(d)	113679
of this section as implemented by the department. If a juvenile	113680
court fails to comply with division (B)(3)(d) of this section, the	113681
department shall not be required to make any disbursements in	113682
accordance with division (C) or (D) of section 5139.41 or division	113683
(C)(2) of section 5139.34 of the Revised Code.	113684

(3) In accordance with rules adopted by the department	113685
pursuant to division (D) of section 5139.04 of the Revised Code,	113686
each juvenile court and the county served by that juvenile court	113687
shall do all of the following that apply:	113688

(a) The juvenile court shall prepare an annual grant	113689
agreement and application for funding that satisfies the	113690
requirements of this section and section 5139.34 of the Revised	113691
Code and that pertains to the use, upon an order of the juvenile	113692
court and subject to appropriation by the board of county	113693
commissioners, of the moneys in its felony delinquent care and	113694
custody fund for specified programs, care, and services as	113695
described in division (B)(2)(a) of this section, shall submit that	113696
agreement and application to the county family and children first	113697
council, the regional family and children first council, or the	113698
local intersystem services to children cluster as described in	113699
sections 121.37 and 121.38 of the Revised Code, whichever is	113700
applicable, and shall file that agreement and application with the	113701
department for its approval. The annual grant agreement and	113702
application for funding shall include a method of ensuring equal	113703
access for minority youth to the programs, care, and services	113704
specified in it.	113705

The department may approve an annual grant agreement and	113706
application for funding only if the juvenile court involved has	113707
complied with the preparation, submission, and filing requirements	113708
described in division (B)(3)(a) of this section. If the juvenile	113709
court complies with those requirements and the department approves	113710
that agreement and application, the juvenile court and the county	113711
served by the juvenile court may expend the state subsidy funds	113712
granted to the county pursuant to section 5139.34 of the Revised	113713
Code only in accordance with division (B)(2)(a) of this section,	113714
the rules pertaining to state subsidy funds that the department	113715
adopts pursuant to division (D) of section 5139.04 of the Revised	113716
Code, and the approved agreement and application.	113717

(b) By the thirty-first day of August of each year, the	113718
juvenile court shall file with the department a report that	113719
contains all of the statistical and other information for each	113720
month of the prior state fiscal year. If the juvenile court fails	113721
to file the report required by division (B)(3)(b) of this section	113722
by the thirty-first day of August of any year, the department	113723
shall not disburse any payment of state subsidy funds to which the	113724
county otherwise is entitled pursuant to section 5139.34 of the	113725
Revised Code and shall not disburse pursuant to division (B) of	113726
section 5139.41 of the Revised Code the applicable allocation	113727
until the juvenile court fully complies with division (B)(3)(b) of	113728
this section.	113729

(c) If the department requires the juvenile court to prepare	113730
monthly statistical reports and to submit the reports on forms	113731
provided by the department, the juvenile court shall file those	113732
reports with the department on the forms so provided. If the	113733
juvenile court fails to prepare and submit those monthly	113734
statistical reports within the department's timelines, the	113735
department shall not disburse any payment of state subsidy funds	113736
to which the county otherwise is entitled pursuant to section	113737
5139.34 of the Revised Code and shall not disburse pursuant to	113738
division (B) of section 5139.41 of the Revised Code the applicable	113739
allocation until the juvenile court fully complies with division	113740
(B)(3)(c) of this section. If the juvenile court fails to prepare	113741
and submit those monthly statistical reports within one hundred	113742
eighty days of the date the department establishes for their	113743
submission, the department shall not disburse any payment of state	113744
subsidy funds to which the county otherwise is entitled pursuant	113745
to section 5139.34 of the Revised Code and shall not disburse	113746
pursuant to division (B) of section 5139.41 of the Revised Code	113747
the applicable allocation, and the state subsidy funds and the	113748
remainder of the applicable allocation shall revert to the	113749
department. If a juvenile court states in a monthly statistical	113750
report that the juvenile court adjudicated within a state fiscal	113751
year five hundred or more children to be delinquent children for	113752
committing acts that would be felonies if committed by adults and	113753
if the department determines that the data in the report may be	113754
inaccurate, the juvenile court shall have an independent auditor	113755
or other qualified entity certify the accuracy of the data on a	113756
date determined by the department.	113757

(d) If the department requires the juvenile court and the	113758
county to participate in a fiscal monitoring program or another	113759
monitoring program that is conducted by the department to ensure	113760
compliance by the juvenile court and the county with division (B)	113761
of this section, the juvenile court and the county shall	113762
participate in the program and fully comply with any guidelines	113763
for the performance of audits adopted by the department pursuant	113764
to that program and all requests made by the department pursuant	113765
to that program for information necessary to reconcile fiscal	113766
accounting. If an audit that is performed pursuant to a fiscal	113767
monitoring program or another monitoring program described in this	113768
division determines that the juvenile court or the county used	113769
moneys in the county's felony delinquent care and custody fund for	113770
expenses that are not authorized under division (B) of this	113771
section, within forty-five days after the department notifies the	113772
county of the unauthorized expenditures, the county either shall	113773
repay the amount of the unauthorized expenditures from the county	113774
general revenue fund to the state's general revenue fund or shall	113775
file a written appeal with the department. If an appeal is timely	113776
filed, the director of the department shall render a decision on	113777
the appeal and shall notify the appellant county or its juvenile	113778
court of that decision within forty-five days after the date that	113779
the appeal is filed. If the director denies an appeal, the	113780
county's fiscal agent shall repay the amount of the unauthorized	113781
expenditures from the county general revenue fund to the state's	113782
general revenue fund within thirty days after receiving the	113783
director's notification of the appeal decision.	113784

(C) The determination of which county a reduction of the care	113785
and custody allocation will be charged against for a particular	113786
youth shall be made as outlined below for all youths who do not	113787
qualify as public safety beds. The determination of which county a	113788
reduction of the care and custody allocation will be charged	113789
against shall be made as follows until each youth is released:	113790

(1) In the event of a commitment, the reduction shall be	113791
charged against the committing county.	113792

(2) In the event of a recommitment, the reduction shall be	113793
charged against the original committing county until the	113794
expiration of the minimum period of institutionalization under the	113795
original order of commitment or until the date on which the youth	113796
is admitted to the department of youth services pursuant to the	113797
order of recommitment, whichever is later. Reductions of the	113798
allocation shall be charged against the county that recommitted	113799
the youth after the minimum expiration date of the original	113800
commitment.	113801

(3) In the event of a revocation of a release on parole, the	113802
reduction shall be charged against the county that revokes the	113803
youth's parole.	113804

(D) A juvenile court is not precluded by its allocation	113805
amount for the care and custody of felony delinquents from	113806
committing a felony delinquent to the department of youth services	113807
for care and custody in an institution or a community corrections	113808
facility when the juvenile court determines that the commitment is	113809
appropriate.	113810

Sec. 5310.35. The board of county commissioners shall	113811
conduct the public hearing required by section 5310.33 of the	113812
Revised Code in accordance with this section.	113813

(A)(1) The board shall prepare a notice of the hearing that	113814
includes each of the following:	113815

(a) A statement that the board is considering abolishing land	113816
registration in the county, that abolition would require the	113817
deregistration of all registered land in the county, and that	113818
after abolition all land in the county would have to be dealt with	113819
as nonregistered land;	113820

(b) A statement that the board seeks evidence with regard to	113821
the matters listed in section 5310.34 of the Revised Code;	113822

(c) The date, time, and place of the hearing, which shall be	113823
not earlier than two nor later than three months after the	113824
resolution to consider the merits of abolishing land registration	113825
was adopted by the board;	113826

(d) A statement that any person affected by the proposed	113827
abolition of land registration may appear at the hearing and	113828
present evidence as provided in division (B) of this section.	113829

(2) The board shall serve the notice by both of the following	113830
means:	113831

(a) Ordinary mail, evidenced by a certificate of mailing,	113832
addressed to each person from whom a receipt or signature card,	113833
giving residence and post-office address, has been taken by the	113834
county recorder under section 5309.30 or 5309.50 of the Revised	113835
Code, and to each person who has filed an affidavit with the	113836
county recorder under section 5309.72 of the Revised Code. The	113837
county recorder, within one month after the adoption of a	113838
resolution to consider the merits of abolishing land registration	113839
in the county, shall provide the board with the names and	113840
respective addresses of the persons who are entitled to notice	113841
under this division.	113842

If a notice is returned with an endorsement showing failure	113843
of delivery, the board is under no further obligation to directly	113844
serve the notice upon the addressee. The board shall preserve the	113845
returned notice in the records pertaining to its consideration of	113846
the merits of abolishing land registration in the county.	113847

(b) Publication twice a week for two consecutive weeks in a	113848
newspaper of general circulation in the county or as provided in	113849
section 7.16 of the Revised Code. Publication of the notice shall	113850
be completed at least one month prior to the date set for the	113851
hearing.	113852

(B) At the date, time, and place specified in the notice, the	113853
board shall conduct a hearing, which may be adjourned from day to	113854
day until complete, at which any person affected by the proposed	113855
abolition of land registration may appear in person, by ~~his~~	113856
attorney, or both, and present evidence, orally or in writing,	113857
with regard to the costs and benefits of maintaining land	113858
registration in the county. Any person who presents evidence may	113859
also present evidence refuting any evidence offered in opposition	113860
to ~~his~~the person's evidence.	113861

The board shall cause a stenographic record to be made of the	113862
hearing. The president of the board, or a member hethe president	113863
designates, shall preside at the hearing.	113864

Sec. 5501.44. (A) ~~The~~Notwithstanding section 5735.27 of the	113865
Revised Code, the director of transportation, when ~~he deems~~the	113866
director determines it in the interest of the welfare and safety	113867
of the citizens of Ohio, may enter into agreements with other	113868
states or subdivisions thereof or the United States relative to	113869
the cooperation in the repair, maintenance, or construction of a	113870
~~toll free~~ bridge crossing a stream that forms a boundary line of	113871
this state, and may expend state highway funds for said purpose.	113872

(1) No such agreement shall be made that obligates this state	113873
to expend more than the cost of the construction of such portion	113874
of said bridge as is located within the state, and not more than	113875
fifty per cent of the cost of maintenance of any such bridge, and	113876
no such agreement shall be made that obligates the state in excess	113877
of three hundred thousand dollars in any one year for maintenance.	113878

(2) Notwithstanding division (A)(1) of this section, the	113879
director may expend funds for the design, construction,	113880
inspection, maintenance, repair, and replacement of bridge and	113881
bridge approaches for the bridge that were transferred from the	113882
Ohio bridge commission to the control of the state of Ohio,	113883
department of transportation, as provided in Section 4 of Amended	113884
Substitute House Bill No. 98 of the 114th general assembly.	113885
Following the replacement of that bridge, the director may expend	113886
funds for the design, construction, inspection, maintenance,	113887
repair, and replacement of bridge and bridge approaches.	113888

(3) Any such agreements shall be approved by the governor and	113889
attorney general of the state before they become effective.	113890

(4) Each agreement entered into shall designate	113891
responsibility for inspection, provide for annual inspection, and	113892
require that a report of each inspection be filed with the	113893
department of transportation. The director, with regard to all	113894
existing bridges or other bridges on a stream that forms a	113895
boundary line of this state, shall take all reasonable measures to	113896
obtain and to secure the filing of a copy of each inspection	113897
report for each bridge with the department of transportation.	113898

(5) The department, upon hearing that a ~~toll free~~ bridge	113899
across the Ohio river is scheduled to be closed by a contiguous	113900
state, shall make all reasonable efforts to notify the Ohio	113901
residents likely to be adversely affected by that closing. The	113902
department also shall cooperate and communicate with contiguous	113903
states in trying to resolve bridge closing problems.	113904

(B)(1) The director, when hethe director considers it in the	113905
interest of the welfare and safety of the citizens of Ohio, may	113906
enter into agreements with other states, subdivisions thereof,	113907
metropolitan planning organizations, or the United States,	113908
relative to the design, construction, operation, maintenance, and	113909
repair of a regional traffic management system, and may expend	113910
state and federal highway funds for such purposes, notwithstanding	113911
any other provision of the Revised Code.	113912

(2) No such agreement shall be made that obligates this state	113913
to expend more than the cost of construction of such portion of a	113914
regional traffic management system as is located within the state,	113915
and not more than a proportional amount, based upon the system	113916
presence in this state, for costs of design, operation,	113917
maintenance, and repair.	113918

(3) Any such agreements shall be approved by the governor and	113919
attorney general of the state before they become effective.	113920

(4) As used in division (B) of this section, "regional	113921
traffic management system" means an integrated, high-technology	113922
system to provide remote control center surveillance and	113923
monitoring of the regional freeways and main arterial routes in	113924
order to reduce and eliminate major backups and delays to	113925
motorists in the area.	113926

Sec. 5501.73. (A) After selecting a solicited or unsolicited	113927
proposal for a public-private initiative, the department of	113928
transportation shall enter into a public-private agreement for a	113929
transportation facility with the selected private entity or any	113930
configuration of private entities. An affected jurisdiction may be	113931
a party to a public-private agreement entered into by the	113932
department and a selected private entity or combination of private	113933
entities.	113934

(B) A public-private agreement under this section shall	113935
provide for all of the following:	113936

(1) Planning, acquisition, financing, development, design,	113937
construction, reconstruction, replacement, improvement,	113938
maintenance, management, repair, leasing, or operation of a	113939
transportation facility;	113940

(2) Term of the public-private agreement~~, subject to division~~	113941
~~(D) of this section~~;	113942

(3) Type of property interest, if any, the private entity	113943
will have in the transportation facility;	113944

(4) A specific plan to ensure proper maintenance of the	113945
transportation facility throughout the term of the agreement and a	113946
return of the facility to the department, if applicable, in good	113947
condition and repair;	113948

(5) Whether user fees will be collected on the transportation	113949
facility and the basis by which such user fees shall be determined	113950
and modified;	113951

(6) Compliance with applicable federal, state, and local	113952
laws;	113953

(7) Grounds for termination of the public-private agreement	113954
by the department or operator;	113955

(8) Disposition of the facility upon completion of the	113956
agreement;	113957

(9) Procedures for amendment of the agreement.

113958

(C) A public-private agreement under this section may provide	113959
for any of the following:	113960

(1) Review and approval by the department of the operator's	113961
plans for the development and operation of the transportation	113962
facility;	113963

(2) Inspection by the department of construction of or	113964
improvements to the transportation facility;	113965

(3) Maintenance by the operator of a policy of liability	113966
insurance or self-insurance;	113967

(4) Filing by the operator, on a periodic basis, of	113968
appropriate financial statements in a form acceptable to the	113969
department;	113970

(5) Filing by the operator, on a periodic basis, of traffic	113971
reports in a form acceptable to the department;	113972

(6) Financing obligations of the operator and the department;

113973

(7) Apportionment of expenses between the operator and the	113974
department;	113975

(8) Rights and duties of the operator, the department, and	113976
other state and local governmental entities with respect to use of	113977
the transportation facility;	113978

(9) Rights and remedies available in the event of default or	113979
delay;	113980

(10) Terms and conditions of indemnification of the operator	113981
by the department;	113982

(11) Assignment, subcontracting, or other delegation of	113983
responsibilities of the operator or the department under the	113984
agreement to third parties, including other private entities and	113985
other state agencies;	113986

(12) Sale or lease to the operator of private property	113987
related to the transportation facility;	113988

(13) Traffic enforcement and other policing issues, including	113989
any reimbursement by the private entity for such services.	113990

(D) ~~Any public-private agreement entered into under this~~	113991
~~section may be for a period not to exceed the then current~~	113992
~~two-year period for which appropriations have been made by the~~	113993
~~general assembly to the department; provided, that any agreement~~	113994
~~may be renewed for succeeding two-year periods when the general~~	113995
~~assembly enacts sufficient appropriations to the department for~~	113996
~~each successive biennium. Any such agreement may include, without~~	113997
~~limitation, any agreement by the department with respect to any~~	113998
~~costs of transportation facilities to be included prior to~~	113999
~~acquisition and construction of such transportation facilities.~~	114000
~~Any such agreement shall not constitute a debt or pledge of the~~	114001
~~faith and credit of the state, or of any political subdivision of~~	114002
~~the state, and the operator shall have no right to have taxes or~~	114003
~~excises levied by the general assembly, or the taxing authority of~~	114004
~~any political subdivision of the state, for payments under the~~	114005
~~agreement. Any such agreement shall contain a statement to that~~	114006
~~effect.~~	114007

~~(E)~~ No public-private agreement entered into under this	114008
section shall be construed to transfer to a private entity the	114009
director's authority to appropriate property under Chapters 163.,	114010
5501., and 5519. of the Revised Code.	114011

Sec. 5321.01. As used in this chapter:

114012

(A) "Tenant" means a person entitled under a rental agreement	114013
to the use and occupancy of residential premises to the exclusion	114014
of others.	114015

(B) "Landlord" means the owner, lessor, or sublessor of	114016
residential premises, the agent of the owner, lessor, or	114017
sublessor, or any person authorized by the owner, lessor, or	114018
sublessor to manage the premises or to receive rent from a tenant	114019
under a rental agreement.	114020

(C) "Residential premises" means a dwelling unit for	114021
residential use and occupancy and the structure of which it is a	114022
part, the facilities and appurtenances in it, and the grounds,	114023
areas, and facilities for the use of tenants generally or the use	114024
of which is promised the tenant. "Residential premises" includes a	114025
dwelling unit that is owned or operated by a college or	114026
university. "Residential premises" does not include any of the	114027
following:	114028

(1) Prisons, jails, workhouses, and other places of	114029
incarceration or correction, including, but not limited to,	114030
halfway houses or residential arrangements that are used or	114031
occupied as a requirement of a community control sanction, a	114032
post-release control sanction, or parole;	114033

(2) Hospitals and similar institutions with the primary	114034
purpose of providing medical services, and homes licensed pursuant	114035
to Chapter 3721. of the Revised Code;	114036

(3) Tourist homes, hotels, motels, recreational vehicle	114037
parks, recreation camps, combined park-camps, temporary	114038
park-camps, and other similar facilities where circumstances	114039
indicate a transient occupancy;	114040

(4) Elementary and secondary boarding schools, where the cost	114041
of room and board is included as part of the cost of tuition;	114042

(5) Orphanages and similar institutions;

114043

(6) Farm residences furnished in connection with the rental	114044
of land of a minimum of two acres for production of agricultural	114045
products by one or more of the occupants;	114046

(7) Dwelling units subject to sections 3733.41 to ~~3733.49~~	114047
3733.43 of the Revised Code;	114048

(8) Occupancy by an owner of a condominium unit;

114049

(9) Occupancy in a facility licensed as an SRO facility	114050
pursuant to Chapter 3731. of the Revised Code, if the facility is	114051
owned or operated by an organization that is exempt from taxation	114052
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	114053
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	114054
group of entities in which such an organization has a controlling	114055
interest, and if either of the following applies:	114056

(a) The occupancy is for a period of less than sixty days.

114057

(b) The occupancy is for participation in a program operated	114058
by the facility, or by a public entity or private charitable	114059
organization pursuant to a contract with the facility, to provide	114060
either of the following:	114061

(i) Services licensed, certified, registered, or approved by	114062
a governmental agency or private accrediting organization for the	114063
rehabilitation of mentally ill persons, developmentally disabled	114064
persons, adults or juveniles convicted of criminal offenses, or	114065
persons suffering from substance abuse;	114066

(ii) Shelter for juvenile runaways, victims of domestic	114067
violence, or homeless persons.	114068

(10) Emergency shelters operated by organizations exempt from	114069
federal income taxation under section 501(c)(3) of the "Internal	114070
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	114071
amended, for persons whose circumstances indicate a transient	114072
occupancy, including homeless people, victims of domestic	114073
violence, and juvenile runaways.	114074

(D) "Rental agreement" means any agreement or lease, written	114075
or oral, which establishes or modifies the terms, conditions,	114076
rules, or any other provisions concerning the use and occupancy of	114077
residential premises by one of the parties.	114078

(E) "Security deposit" means any deposit of money or property	114079
to secure performance by the tenant under a rental agreement.	114080

(F) "Dwelling unit" means a structure or the part of a	114081
structure that is used as a home, residence, or sleeping place by	114082
one person who maintains a household or by two or more persons who	114083
maintain a common household.	114084

(G) "Controlled substance" has the same meaning as in section	114085
3719.01 of the Revised Code.	114086

(H) "Student tenant" means a person who occupies a dwelling	114087
unit owned or operated by the college or university at which the	114088
person is a student, and who has a rental agreement that is	114089
contingent upon the person's status as a student.	114090

(I) "Recreational vehicle park," "recreation camp," "combined	114091
park-camp," and "temporary park-camp" have the same meanings as in	114092
section 3729.01 of the Revised Code.	114093

(J) "Community control sanction" has the same meaning as in	114094
section 2929.01 of the Revised Code.	114095

(K) "Post-release control sanction" has the same meaning as	114096
in section 2967.01 of the Revised Code.	114097

(L) "School premises" has the same meaning as in section	114098
2925.01 of the Revised Code.	114099

(M) "Sexually oriented offense" and "child-victim oriented	114100
offense" have the same meanings as in section 2950.01 of the	114101
Revised Code.	114102

(N) "Preschool or child day-care center premises" has the ~~the~~	114103
same meaning as in section 2950.034 of the Revised Code.	114104

Sec. 5502.52. (A) There is hereby created the statewide	114105
emergency alert program to aid in the identification and location	114106
of children who are under eighteen years of age, who are abducted,	114107
and whose abduction, as determined by a law enforcement agency,	114108
poses a credible threat of immediate danger of serious bodily harm	114109
or death to a child. The program shall be a coordinated effort	114110
among the governor's office, the department of public safety, the	114111
attorney general, law enforcement agencies, the state's public and	114112
commercial television and radio broadcasters, and others as deemed	114113
necessary by the governor.	114114

(B) The statewide emergency alert program shall not be	114115
implemented unless all of the following activation criteria are	114116
met:	114117

(1) The local investigating law enforcement agency confirms	114118
that an abduction has occurred.	114119

(2) An abducted child is under eighteen years of age.

114120

(3) The abduction poses a credible threat of immediate danger	114121
of serious bodily harm or death to a child.	114122

(4) A law enforcement agency determines that the child is not	114123
a runaway and has not been abducted as a result of a child custody	114124
dispute, unless the dispute poses a credible threat of immediate	114125
danger of serious bodily harm or death to the child.	114126

(5) There is sufficient descriptive information about the	114127
child, the abductor, and the circumstances surrounding the	114128
abduction to indicate that activation of the alert will help	114129
locate the child.	114130

(C) Nothing in division (B) of this section prevents the	114131
activation of a local or regional emergency alert program that may	114132
impose different criteria for the activation of a local or	114133
regional plan.	114134

(D) Any radio broadcast station, television broadcast	114135
station, or cable television system participating in the statewide	114136
emergency alert program or in any local or regional emergency	114137
alert program, and any director, officer, employee, or agent of	114138
any such station or system, shall not be liable to any person for	114139
damages for any loss allegedly caused by or resulting from the	114140
station's or system's broadcast or cablecast of, or failure to	114141
broadcast or cablecast, any information pursuant to the statewide	114142
emergency alert program or the local or regional emergency alert	114143
program.	114144

(E) No person shall knowingly make a false report that a	114145
child has been abducted and that leads to the implementation of	114146
the statewide emergency alert program created under this section	114147
or that leads to the implementation of a local or regional	114148
emergency alert program. Whoever violates this division is guilty	114149
of a felony of the fourth degree.	114150

(F) As used in this section:

114151

(1) "Abducted child" means a child for whom there is credible	114152
evidence to believe that the child has been abducted in violation	114153
of section 2905.01, 2905.02, 2905.03, or 2905.05 of the Revised	114154
Code.	114155

(2) "Cable television system" means a cable system, as	114156
defined in section 2913.04 of the Revised Code.	114157

(3) "Law enforcement agency" includes, but is not limited to,	114158
a county sheriff's office, the office of a village marshal, a	114159
police department of a municipal corporation, a police force of a	114160
regional transit authority, a police force of a metropolitan	114161
housing authority, the state highway patrol, a state university	114162
law enforcement agency, the office of a township police constable,	114163
and the police department of a township or joint ~~township~~ police	114164
district.	114165

Sec. 5502.522. (A) There is hereby created the statewide	114166
emergency alert program to aid in the identification and location	114167
of any individual who has a mental impairment or is sixty-five	114168
years of age or older, who is or is believed to be a temporary or	114169
permanent resident of this state, is at a location that cannot be	114170
determined by an individual familiar with the missing individual,	114171
and is incapable of returning to the missing individual's	114172
residence without assistance, and whose disappearance, as	114173
determined by a law enforcement agency, poses a credible threat of	114174
immediate danger of serious bodily harm or death to the missing	114175
individual. The program shall be a coordinated effort among the	114176
governor's office, the department of public safety, the attorney	114177
general, law enforcement agencies, the state's public and	114178
commercial television and radio broadcasters, and others as	114179
determined necessary by the governor. No name shall be given to	114180
the program created under this division that conflicts with any	114181
alert code standards that are required by federal law and that	114182
govern the naming of emergency alert programs.	114183

(B) The statewide emergency alert program shall not be	114184
implemented unless all of the following activation criteria are	114185
met:	114186

(1) The local investigating law enforcement agency confirms	114187
that the individual is missing.	114188

(2) The individual is sixty-five years of age or older or has	114189
a mental impairment.	114190

(3) The disappearance of the individual poses a credible	114191
threat of immediate danger of serious bodily harm or death to the	114192
individual.	114193

(4) There is sufficient descriptive information about the	114194
individual and the circumstances surrounding the individual's	114195
disappearance to indicate that activation of the alert will help	114196
locate the individual.	114197

(C) Nothing in division (B) of this section prevents the	114198
activation of a local or regional emergency alert program that may	114199
impose different criteria for the activation of a local or	114200
regional plan.	114201

(D) Any radio broadcast station, television broadcast	114202
station, or cable system participating in the statewide emergency	114203
alert program or in any local or regional emergency alert program,	114204
and any director, officer, employee, or agent of any station or	114205
system participating in either type of alert program, shall not be	114206
liable to any person for damages for any loss allegedly caused by	114207
or resulting from the station's or system's broadcast or cablecast	114208
of, or failure to broadcast or cablecast, any information pursuant	114209
to the statewide emergency alert program or the local or regional	114210
emergency alert program.	114211

(E) A local investigating law enforcement agency shall not be	114212
required to notify the statewide emergency alert program that the	114213
law enforcement agency has received information that meets the	114214
activation criteria set forth in division (B) of this section	114215
during the first twenty-four hours after the law enforcement	114216
agency receives the information.	114217

(F) Nothing in this section shall be construed to authorize	114218
the use of the federal emergency alert system unless otherwise	114219
authorized by federal law.	114220

(G) As used in this section:

114221

(1) "Cable system" has the same meaning as in section 2913.04	114222
of the Revised Code.	114223

(2) "Law enforcement agency" includes, but is not limited to,	114224
a county sheriff's office, the office of a village marshal, a	114225
police department of a municipal corporation, a police force of a	114226
regional transit authority, a police force of a metropolitan	114227
housing authority, the state highway patrol, a state university	114228
law enforcement agency, the office of a township police constable,	114229
and the police department of a township or joint ~~township~~ police	114230
district.	114231

(3) "Mental impairment" means a substantial disorder of	114232
thought, mood, perception, orientation, or memory that grossly	114233
impairs judgment, behavior, or ability to live independently or	114234
provide self-care as certified by a licensed physician,	114235
psychiatrist, or psychologist.	114236

Sec. 5502.61. As used in sections 5502.61 to 5502.66 of the	114237
Revised Code:	114238

(A) "Federal criminal justice acts" means any federal law	114239
that authorizes financial assistance and other forms of assistance	114240
to be given by the federal government to the states to be used for	114241
the improvement of the criminal and juvenile justice systems of	114242
the states.	114243

(B)(1) "Criminal justice system" includes all of the	114244
functions of the following:	114245

(a) The state highway patrol, county sheriff offices,	114246
municipal and township police departments, and all other law	114247
enforcement agencies;	114248

(b) The courts of appeals, courts of common pleas, municipal	114249
courts, county courts, and mayor's courts, when dealing with	114250
criminal cases;	114251

(c) The prosecuting attorneys, city directors of law, village	114252
solicitors, and other prosecuting authorities when prosecuting or	114253
otherwise handling criminal cases, and the county and joint county	114254
public defenders and other public defender agencies or offices;	114255

(d) The department of rehabilitation and correction,	114256
probation departments, county and municipal jails and workhouses,	114257
and any other department, agency, or facility that is concerned	114258
with the rehabilitation or correction of criminal offenders;	114259

(e) Any public or private agency whose purposes include the	114260
prevention of crime or the diversion, adjudication, detention, or	114261
rehabilitation of criminal offenders;	114262

(f) Any public or private agency, the purposes of which	114263
include assistance to crime victims or witnesses.	114264

(2) The inclusion of any public or private agency, the	114265
purposes of which include assistance to crime victims or	114266
witnesses, as part of the criminal justice system pursuant to	114267
division (B)(1) of this section does not limit, and shall not be	114268
construed as limiting, the discretion or authority of the attorney	114269
general with respect to crime victim assistance and criminal	114270
justice programs.	114271

(C) "Juvenile justice system" includes all of the functions	114272
of the juvenile courts, the department of youth services, any	114273
public or private agency whose purposes include the prevention of	114274
delinquency or the diversion, adjudication, detention, or	114275
rehabilitation of delinquent children, and any of the functions of	114276
the criminal justice system that are applicable to children.	114277

(D) "Comprehensive plan" means a document that coordinates,	114278
evaluates, and otherwise assists, on an annual or multi-year	114279
basis, any of the functions of the criminal and juvenile justice	114280
systems of the state or a specified area of the state, that	114281
conforms to the priorities of the state with respect to criminal	114282
and juvenile justice systems, and that conforms with the	114283
requirements of all federal criminal justice acts. These functions	114284
may include, but are not limited to, any of the following:	114285

(1) Crime and delinquency prevention;

114286

(2) Identification, detection, apprehension, and detention of	114287
persons charged with criminal offenses or delinquent acts;	114288

(3) Assistance to crime victims or witnesses, except that the	114289
comprehensive plan does not include the functions of the attorney	114290
general pursuant to sections 109.91 and 109.92 of the Revised	114291
Code;	114292

(4) Adjudication or diversion of persons charged with	114293
criminal offenses or delinquent acts;	114294

(5) Custodial treatment of criminal offenders, delinquent	114295
children, or both;	114296

(6) Institutional and noninstitutional rehabilitation of	114297
criminal offenders, delinquent children, or both.	114298

(E) "Metropolitan county criminal justice services agency"	114299
means an agency that is established pursuant to division (A) of	114300
section 5502.64 of the Revised Code.	114301

(F) "Administrative planning district" means a district that	114302
is established pursuant to division (A) or (B) of section 5502.66	114303
of the Revised Code.	114304

(G) "Criminal justice coordinating council" means a criminal	114305
justice services agency that is established pursuant to division	114306
(D) of section 5502.66 of the Revised Code.	114307

(H) "Local elected official" means any person who is a member	114308
of a board of county commissioners or township trustees or of a	114309
city or village council, judge of the court of common pleas, a	114310
municipal court, or a county court, sheriff, county coroner,	114311
prosecuting attorney, city director of law, village solicitor, or	114312
mayor.	114313

(I) "Juvenile justice coordinating council" means a juvenile	114314
justice services agency that is established pursuant to division	114315
(D) of section 5502.66 of the Revised Code.	114316

(J) "Mcgruff house program" means a program in which	114317
individuals or families volunteer to have their homes or other	114318
buildings serve as places of temporary refuge for children and to	114319
display the mcgruff house symbol identifying the home or building	114320
as that type of place.	114321

(K) "Mcgruff house symbol" means the symbol that is	114322
characterized by the image of "mcgruff," the crime dog, and the	114323
slogan "take a bite out of crime," and that has been adopted by	114324
the national crime prevention council as the symbol of its	114325
national citizens' crime prevention campaign.	114326

(L) "Sponsoring agency" means any of the following:

114327

(1) The board of education of any city, local, or exempted	114328
village school district;	114329

(2) The governing board of any educational service center;

114330

(3) The governing authority of any chartered nonpublic	114331
school;	114332

(4) The police department of any municipal corporation,	114333
township, township police district, or joint ~~township~~ police	114334
district;	114335

(5) The office of any township constable or county sheriff.

114336

Sec. 5502.68. (A) There is hereby created in the state	114337
treasury the drug law enforcement fund. Ninety-seven per cent of	114338
three dollars and fifty cents out of each ten-dollar court cost	114339
imposed pursuant to section 2949.094 of the Revised Code shall be	114340
credited to the fund. Money in the fund shall be used only in	114341
accordance with this section to award grants to counties,	114342
municipal corporations, townships, township police districts, and	114343
joint ~~township~~ police districts to defray the expenses that a	114344
drug task force organized in the county, or in the county in which	114345
the municipal corporation, township, or district is located,	114346
incurs in performing its functions related to the enforcement of	114347
the state's drug laws and other state laws related to illegal drug	114348
activity.	114349

The division of criminal justice services shall administer	114350
all money deposited into the drug law enforcement fund and, by	114351
rule adopted under Chapter 119. of the Revised Code, shall	114352
establish procedures for a county, municipal corporation,	114353
township, township police district, or joint ~~township~~ police	114354
district to apply for money from the fund to defray the expenses	114355
that a drug task force organized in the county, or in the county	114356
in which the municipal corporation, township, or district is	114357
located, incurs in performing its functions related to the	114358
enforcement of the state's drug laws and other state laws related	114359
to illegal drug activity, procedures and criteria for determining	114360
eligibility of applicants to be provided money from the fund, and	114361
procedures and criteria for determining the amount of money to be	114362
provided out of the fund to eligible applicants.	114363

(B) The procedures and criteria established under division	114364
(A) of this section for applying for money from the fund shall	114365
include, but shall not be limited to, a provision requiring a	114366
county, municipal corporation, township, township police district,	114367
or joint ~~township~~ police district that applies for money from the	114368
fund to specify in its application the amount of money desired	114369
from the fund, provided that the cumulative amount requested in	114370
all applications submitted for any single drug task force may not	114371
exceed more than two hundred fifty thousand dollars in any	114372
calendar year for that task force.	114373

(C) The procedures and criteria established under division	114374
(A) of this section for determining eligibility of applicants to	114375
be provided money from the fund and for determining the amount of	114376
money to be provided out of the fund to eligible applicants shall	114377
include, but not be limited to, all of the following:	114378

(1) Provisions requiring that, in order to be eligible to be	114379
provided money from the fund, a drug task force that applies for	114380
money from the fund must provide evidence that the drug task force	114381
will receive a local funding match of at least twenty-five per	114382
cent of the task force's projected operating costs in the period	114383
of time covered by the grant;	114384

(2) Provisions requiring that money from the fund be	114385
allocated and provided to drug task forces that apply for money	114386
from the fund in accordance with the following priorities:	114387

(a) Drug task forces that apply, that are in existence on the	114388
date of the application, and that are determined to be eligible	114389
applicants, and to which either of the following applies shall be	114390
given first priority to be provided money from the fund:	114391

(i) Drug task forces that received funding through the	114392
division of criminal justice services in calendar year 2007;	114393

(ii) Drug task forces in a county that has a population that	114394
exceeds seven hundred fifty thousand.	114395

(b) If any moneys remain in the fund after all drug task	114396
forces that apply, that are in existence on the date of the	114397
application, that are determined to be eligible applicants, and	114398
that satisfy the criteria set forth in division (C)(2)(a)(i) or	114399
(ii) of this section are provided money from the fund as described	114400
in division (C)(2)(a) of this section, the following categories of	114401
drug task forces that apply and that are determined to be eligible	114402
applicants shall be given priority to be provided money from the	114403
fund in the order in which they apply for money from the fund:	114404

(i) Drug task forces that are not in existence on the date of	114405
the application;	114406

(ii) Drug task forces that are in existence on the date of	114407
the application but that do not satisfy the criteria set forth in	114408
division (C)(2)(a)(i) or (ii) of this section.	114409

(D) The procedures and criteria established under division	114410
(A) of this section for determining the amount of money to be	114411
provided out of the fund to eligible applicants shall include, but	114412
shall not be limited to, a provision specifying that the	114413
cumulative amount provided to any single drug task force may not	114414
exceed more than two hundred fifty thousand dollars in any	114415
calendar year.	114416

(E) As used in this section, "drug task force" means a drug	114417
task force organized in any county by the sheriff of the county,	114418
the prosecuting attorney of the county, the chief of police of the	114419
organized police department of any municipal corporation or	114420
township in the county, and the chief of police of the police	114421
force of any township police district or joint ~~township~~ police	114422
district in the county to perform functions related to the	114423
enforcement of state drug laws and other state laws related to	114424
illegal drug activity.	114425

Sec. 5505.04. (A)(1) The general administration and	114426
management of the state highway patrol retirement system and the	114427
making effective of this chapter are hereby vested in the state	114428
highway patrol retirement board. The board may sue and be sued,	114429
plead and be impleaded, contract and be contracted with, and do	114430
all things necessary to carry out this chapter.	114431

The board shall consist of the following members:

114432

(a) The superintendent of the state highway patrol;

114433

(b) Two retirant members who reside in this state;

114434

114435

(d) One member, known as the treasurer of state's investment	114436
designee, who shall be appointed by the treasurer of state for a	114437
term of four years and who shall have the following	114438
qualifications:	114439

(i) The member is a resident of this state.

114440

(ii) Within the three years immediately preceding the	114441
appointment, the member has not been employed by the public	114442
employees retirement system, police and fire pension fund, state	114443
teachers retirement system, school employees retirement system, or	114444
state highway patrol retirement system or by any person,	114445
partnership, or corporation that has provided to one of those	114446
retirement systems services of a financial or investment nature,	114447
including the management, analysis, supervision, or investment of	114448
assets.	114449

(iii) The member has direct experience in the management,	114450
analysis, supervision, or investment of assets.	114451

(iv) The member is not currently employed by the state or a	114452
political subdivision of the state.	114453

(e) Two investment expert members, who shall be appointed to	114454
four-year terms. One investment expert member shall be appointed	114455
by the governor, and one investment expert member shall be jointly	114456
appointed by the speaker of the house of representatives and the	114457
president of the senate. Each investment expert member shall have	114458
the following qualifications:	114459

(i) Each investment expert member shall be a resident of this	114460
state.	114461

(ii) Within the three years immediately preceding the	114462
appointment, each investment expert member shall not have been	114463
employed by the public employees retirement system, police and	114464
fire pension fund, state teachers retirement system, school	114465
employees retirement system, or state highway patrol retirement	114466
system or by any person, partnership, or corporation that has	114467
provided to one of those retirement systems services of a	114468
financial or investment nature, including the management,	114469
analysis, supervision, or investment of assets.	114470

(iii) Each investment expert member shall have direct	114471
experience in the management, analysis, supervision, or investment	114472
of assets.	114473

(2) The board shall annually elect a chairperson and	114474
vice-chairperson from among its members. The vice-chairperson	114475
shall act as chairperson in the absence of the chairperson. A	114476
majority of the members of the board shall constitute a quorum and	114477
any action taken shall be approved by a majority of the members of	114478
the board. The board shall meet not less than once each year, upon	114479
sufficient notice to the members. All meetings of the board shall	114480
be open to the public except executive sessions as set forth in	114481
division (G) of section 121.22 of the Revised Code, and any	114482
portions of any sessions discussing medical records or the degree	114483
of disability of a member excluded from public inspection by this	114484
section.	114485

(3) Any investment expert member appointed to fill a vacancy	114486
occurring prior to the expiration of the term for which the	114487
member's predecessor was appointed holds office until the end of	114488
such term. The member continues in office subsequent to the	114489
expiration date of the member's term until the member's successor	114490
takes office, or until a period of sixty days has elapsed,	114491
whichever occurs first.	114492

(B) The attorney general shall prescribe procedures for the	114493
adoption of rules authorized under this chapter, consistent with	114494
the provision of section 111.15 of the Revised Code under which	114495
all rules shall be filed in order to be effective. Such procedures	114496
shall establish methods by which notice of proposed rules are	114497
given to interested parties and rules adopted by the board	114498
published and otherwise made available. When it files a rule with	114499
the joint committee on agency rule review pursuant to section	114500
111.15 of the Revised Code, the board shall submit to the Ohio	114501
retirement study council a copy of the full text of the rule, and	114502
if applicable, a copy of the rule summary and fiscal analysis	114503
required by division (B) of section 127.18 of the Revised Code.	114504

(C)(1) As used in this division, "personal history record"	114505
means information maintained by the board on an individual who is	114506
a member, former member, retirant, or beneficiary that includes	114507
the address, telephone number, social security number, record of	114508
contributions, correspondence with the system, and other	114509
information the board determines to be confidential.	114510

(2) The records of the board shall be open to public	114511
inspection, except for the following which shall be excluded: the	114512
member's, former member's, retirant's, or beneficiary's personal	114513
history record and the amount of a monthly allowance or benefit	114514
paid to a retirant, beneficiary, or survivor, except with the	114515
written authorization of the individual concerned.	114516

(D) All medical reports and recommendations are privileged	114517
except as follows:	114518

(1) Copies of such medical reports or recommendations shall	114519
be made available to the individual's personal physician,	114520
attorney, or authorized agent upon written release received from	114521
such individual or such individual's agent, or when necessary for	114522
the proper administration of the fund to the board-assigned	114523
physician.	114524

(2) Documentation required by section 2929.193 of the Revised	114525
Code shall be provided to a court holding a hearing under that	114526
section.	114527

(E) Notwithstanding the exceptions to public inspection in	114528
division (C)(2) of this section, the board may furnish the	114529
following information:	114530

(1) If a member, former member, or retirant is subject to an	114531
order issued under section 2907.15 of the Revised Code or an order	114532
issued under division (A) or (B) of section 2929.192 of the	114533
Revised Code or is convicted of or pleads guilty to a violation of	114534
section 2921.41 of the Revised Code, on written request of a	114535
prosecutor as defined in section 2935.01 of the Revised Code, the	114536
board shall furnish to the prosecutor the information requested	114537
from the individual's personal history record.	114538

(2) Pursuant to a court order issued under Chapters 3119.,	114539
3121., and 3123. of the Revised Code, the board shall furnish to a	114540
court or child support enforcement agency the information required	114541
under those chapters.	114542

(3) At the written request of any nonprofit organization or	114543
association providing services to retirement system members,	114544
retirants, or beneficiaries, the board shall provide to the	114545
organization or association a list of the names and addresses of	114546
members, former members, retirants, or beneficiaries if the	114547
organization or association agrees to use such information solely	114548
in accordance with its stated purpose of providing services to	114549
such individuals and not for the benefit of other persons,	114550
organizations, or associations. The costs of compiling, copying,	114551
and mailing the list shall be paid by such entity.	114552

(4) Within fourteen days after receiving from the director of	114553
job and family services a list of the names and social security	114554
numbers of recipients of public assistance pursuant to section	114555
5101.181 of the Revised Code, the board shall inform the auditor	114556
of state of the name, current or most recent employer address, and	114557
social security number of each member whose name and social	114558
security number are the same as those of a person whose name or	114559
social security number was submitted by the director. The board	114560
and its employees, except for purposes of furnishing the auditor	114561
of state with information required by this section, shall preserve	114562
the confidentiality of recipients of public assistance in	114563
compliance with ~~division (A) of~~ section 5101.181 of the Revised	114564
Code.	114565

(5) The system shall comply with orders issued under section	114566
3105.87 of the Revised Code.	114567

On the written request of an alternate payee, as defined in	114568
section 3105.80 of the Revised Code, the system shall furnish to	114569
the alternate payee information on the amount and status of any	114570
amounts payable to the alternate payee under an order issued under	114571
section 3105.171 or 3105.65 of the Revised Code.	114572

(6) At the request of any person, the board shall make	114573
available to the person copies of all documents, including	114574
resumes, in the board's possession regarding filling a vacancy of	114575
an employee member or retirant member of the board. The person who	114576
made the request shall pay the cost of compiling, copying, and	114577
mailing the documents. The information described in this division	114578
is a public record.	114579

(7) The system shall provide the notice required by section	114580
5505.263 of the Revised Code to the prosecutor assigned to the	114581
case.	114582

(F) A statement that contains information obtained from the	114583
system's records that is certified and signed by an officer of the	114584
retirement system and to which the system's official seal is	114585
affixed, or copies of the system's records to which the signature	114586
and seal are attached, shall be received as true copies of the	114587
system's records in any court or before any officer of this state.	114588

Sec. 5505.22. The right of any individual to a pension, or	114589
to the return of accumulated contributions, payable as provided	114590
under this chapter, and all moneys and investments of the state	114591
highway patrol retirement system and income from moneys or	114592
investments are exempt from any state tax, except the tax imposed	114593
by section 5747.02 of the Revised Code, and are exempt from any	114594
county, municipal, or other local tax, except income taxes imposed	114595
pursuant to section 5748.02 or, 5748.08, or 5748.09 of the Revised	114596
Code, and, except as provided in sections 3105.171, 3105.65,	114597
3115.32, 3119.80, 3119.81, 3121.02, 3121.03, 3123.06, 5505.26,	114598
5505.262, and 5505.263 of the Revised Code, shall not be subject	114599
to execution, garnishment, attachment, the operation of bankruptcy	114600
or insolvency laws, or any other process of law whatsoever, and	114601
shall be unassignable except as specifically provided in this	114602
chapter.	114603

Sec. 5525.04. No bidder shall be given a certificate of	114604
qualification unless the bidder's financial statement and the	114605
investigation made by the director of transportation show that the	114606
bidder possesses net current assets or working capital sufficient,	114607
in the judgment of the director, to render it probable that the	114608
bidder can satisfactorily execute the bidder's contracts and meet	114609
all contractual obligations. Any applicant desiring a certificate	114610
of qualification in an amount of ~~two~~five million dollars or more	114611
shall submit on forms prescribed by the director a financial audit	114612
prepared and attested as correct by an independent certified	114613
public accountant. Any applicant desiring a certificate of	114614
qualification in an amount that is less than ~~two~~five million	114615
dollars shall submit a financial review on forms prescribed by the	114616
director. The aggregate amount of work set forth in either type of	114617
certificate of qualification shall not exceed ten times the	114618
applicant's net current assets or working capital. At the time of	114619
bidding, a bidder's qualification is determined by the bidder's	114620
qualification amount minus all of the bidder's pending work.	114621

Applicants for qualification shall expressly authorize the	114622
director to obtain any information that the director considers	114623
pertinent, with respect to the financial worth, assets, and	114624
liabilities of the applicant, from banks or other financial	114625
institutions, surety companies, dealers in material, equipment, or	114626
supplies, or other persons having business transactions with the	114627
applicant. Applicants shall expressly authorize all such financial	114628
institutions or other persons to furnish any such information	114629
requested from them by the director. All information filed with or	114630
furnished to the director by applicants or other persons, in	114631
connection with the administration of sections 5525.02 to 5525.09	114632
of the Revised Code, shall be kept in confidence by the director	114633
and not revealed to any person, except upon proper order of a	114634
court. Failure to submit the required information or to expressly	114635
grant the director authority to obtain the required information	114636
shall result in the denial of a certificate of qualification. The	114637
director or the director's subordinates shall have access to the	114638
books of account and financial records of all applicants, unless	114639
the financial statement furnished by any applicant is prepared and	114640
attested as correct by a certified public accountant.	114641

If an applicant for either type of certificate of	114642
qualification is or has been an employer in this state the	114643
application shall be accompanied by satisfactory evidence that the	114644
applicant has complied with Chapter 4123. of the Revised Code.	114645

The director may require all qualified bidders to file	114646
financial statements at such intervals as the director prescribes.	114647
Sections 5525.02 to 5525.09 of the Revised Code shall be	114648
administered without reference to the residence of applicants, and	114649
the rules of the director shall apply equally to residents and	114650
nonresidents of this state. Sections 5525.02 to 5525.09 of the	114651
Revised Code, do not apply to the purchase of material, equipment,	114652
or supplies.	114653

Sec. 5540.03. (A) A transportation improvement district may:

114654

(1) Adopt bylaws for the regulation of its affairs and the	114655
conduct of its business;	114656

(2) Adopt an official seal;

114657

(3) Sue and be sued in its own name, plead and be impleaded,	114658
provided any actions against the district shall be brought in the	114659
court of common pleas of the county in which the principal office	114660
of the district is located, or in the court of common pleas of the	114661
county in which the cause of action arose, and all summonses,	114662
exceptions, and notices of every kind shall be served on the	114663
district by leaving a copy thereof at its principal office with	114664
the secretary-treasurer;	114665

(4) Purchase, construct, maintain, repair, sell, exchange,	114666
police, operate, or lease projects;	114667

(5) Issue either or both of the following for the purpose of	114668
providing funds to pay the costs of any project or part thereof:	114669

(a) Transportation improvement district revenue bonds;

114670

(b) Bonds pursuant to Section 13 of Article VIII, Ohio	114671
Constitution;	114672

(6) Maintain such funds as it considers necessary;

114673

(7) Direct its agents or employees, when properly identified	114674
in writing and after at least five days' written notice, to enter	114675
upon lands within its jurisdiction to make surveys and	114676
examinations preliminary to the location and construction of	114677
projects for the district, without liability of the district or	114678
its agents or employees except for actual damage done;	114679

(8) Make and enter into all contracts and agreements	114680
necessary or incidental to the performance of its functions and	114681
the execution of its powers under this chapter;	114682

(9) Employ or retain or contract for the services of	114683
consulting engineers, superintendents, managers, and such other	114684
engineers, construction and accounting experts, financial	114685
advisers, trustees, marketing, remarketing, and administrative	114686
agents, attorneys, and other employees, independent contractors,	114687
or agents as are necessary in its judgment and fix their	114688
compensation, provided all such expenses shall be payable solely	114689
from the proceeds of bonds or from revenues;	114690

(10) Receive and accept from the federal or any state or	114691
local government, including, but not limited to, any agency,	114692
entity, or instrumentality of any of the foregoing, loans and	114693
grants for or in aid of the construction, maintenance, or repair	114694
of any project, and receive and accept aid or contributions from	114695
any source or person of money, property, labor, or other things of	114696
value, to be held, used, and applied only for the purposes for	114697
which such loans, grants, and contributions are made. Nothing in	114698
division (A)(10) of this section shall be construed as imposing	114699
any liability on this state for any loan received by a	114700
transportation improvement district from a third party unless this	114701
state has entered into an agreement to accept such liability.	114702

(11) Acquire, hold, and dispose of property in the exercise	114703
of its powers and the performance of its duties under this	114704
chapter;	114705

(12) Establish and collect tolls or user charges for its	114706
projects;	114707

(13) Do all acts necessary and proper to carry out the powers	114708
expressly granted in this chapter.	114709

(B) Chapters 123., 124., 125., 153., and 4115., and sections	114710
9.331~~, 9.332, 9.333,~~to 9.336 and 307.86 of the Revised Code do	114711
not apply to contracts or projects of a transportation improvement	114712
district.	114713

Sec. 5540.031. (A) The board of trustees of a transportation	114714
improvement district may provide for the construction,	114715
reconstruction, improvement, alteration, or repair of any road,	114716
highway, public place, building, or other infrastructure and levy	114717
special assessments, if the board determines that the public	114718
improvement will benefit the area where it will be constructed,	114719
reconstructed, improved, altered, or repaired. However, if the	114720
improvement is proposed for territory in a political subdivision	114721
located outside the district's territory, the legislative	114722
authority of that political subdivision shall approve the	114723
undertaking of the improvement within the political subdivision.	114724

(B) If any improvements are made under this section,	114725
contracts for the improvement may provide that the improvement may	114726
be owned by the district or by the person or corporation supplying	114727
it to the district under a lease.	114728

(C) If the board of trustees of a district proposes an	114729
improvement described in division (A) of this section, the board	114730
shall conduct a hearing on the proposed improvement. The board	114731
shall indicate by metes and bounds the area in which the public	114732
improvement will be made and the area that will benefit from the	114733
improvement.	114734

(D) The board of trustees shall fix a day for a hearing on	114735
the proposed improvement. The secretary-treasurer of the board	114736
shall deliver, to each owner of a parcel of land or a lot that the	114737
board identifies as benefiting from the proposed improvement, a	114738
notice that sets forth the substance of the proposed improvement	114739
and the time and place of the hearing on it. At least fifteen days	114740
before the date set for the hearing, a copy of the notice shall be	114741
served upon the owner or left at ~~his~~the owner's usual place of	114742
residence, or, if the owner is a corporation, upon an officer or	114743
agent of the corporation. On or before the day of the hearing, the	114744
person serving notice of the hearing shall make return thereon,	114745
under oath, of the time and manner of service, and shall file the	114746
notice with the secretary-treasurer of the board.	114747

At least fifteen days before the day set for the hearing on	114748
the proposed improvement, the secretary-treasurer shall give	114749
notice to each nonresident owner of a lot or parcel of land in the	114750
area to be benefited by the improvement, by publication once in a	114751
newspaper ~~published and~~ of general circulation in the one or more	114752
counties in which this area is located. The publication of the	114753
notice shall be verified by affidavit of the printer or other	114754
person having knowledge of the publication and shall be filed with	114755
the secretary-treasurer of the district on or before the date of	114756
the hearing.	114757

(E) At the time and place specified in the notice for a	114758
hearing on the proposed improvement, the board of trustees of the	114759
district shall meet and hear any and all testimony provided by any	114760
of the parties affected by the proposed improvement and by any	114761
other persons competent to testify. The board or its	114762
representatives shall inspect, by an actual viewing, the area to	114763
be benefited by the proposed improvement. The board shall	114764
determine the necessity of the proposed improvement and may find	114765
that the proposed improvement will result in general as well as	114766
special benefits. The board may adjourn from time to time and to	114767
such places as it considers necessary.	114768

(F)(1) The board may award contracts or enter into a lease	114769
agreement for the construction, reconstruction, improvement,	114770
alteration, or repair of any improvement described in division (A)	114771
of this section and may issue notes, bonds, revenue anticipatory	114772
instruments, or other obligations, as authorized by this chapter,	114773
to finance the improvements.	114774

(2) All or a part of the costs and expenses of providing for	114775
the construction, reconstruction, improvement, alteration, or	114776
repair of any improvement described in division (F)(1) of this	114777
section may be paid from a fund into which may be paid special	114778
assessments levied under this section against the lots and parcels	114779
of land in the area to be benefited by the improvement, if the	114780
board finds that the improvement will result in general or special	114781
benefits to the benefited area. These special assessments shall be	114782
levied not more than one time on the same lot or parcel of land.	114783
Such costs and expenses may also be paid from the treasury of the	114784
district or from other available sources in amounts the board	114785
finds appropriate.	114786

(3) The board shall levy special assessments at an amount not	114787
to exceed ten per cent of the assessable value of the lot or	114788
parcel of land being assessed. The board shall determine the	114789
assessable value of a lot or parcel of land in the following	114790
manner: the board shall first determine the fair market value of	114791
the lot or parcel being assessed in the calendar year in which the	114792
area to be benefited by the public improvement is first designated	114793
and then multiply this amount by the average rate of appreciation	114794
in value of the lot or parcel since that calendar year. The	114795
assessable value of the lot or parcel is the current fair market	114796
value of the lot or parcel minus the amount calculated in the	114797
manner described in the immediately preceding sentence. The board	114798
may adjust the assessable value of a lot or parcel of land to	114799
reflect a sale of the lot or parcel that indicates an appreciation	114800
in its value that exceeds its average rate of appreciation in	114801
value.	114802

(4) Special assessments levied by the board may be paid in	114803
full in a lump sum or may be paid and collected in equal	114804
semiannual installments, equal in number to twice the number of	114805
years for which the lease of the improvement is made or twice the	114806
number of years that the note, bond, instrument, or obligation	114807
that the assessments are pledged to pay requires. The assessments	114808
shall be paid and collected in the same manner and at the same	114809
time as real property taxes are paid and collected, and	114810
assessments in the amount of fifty dollars or less shall be paid	114811
in full, and not in installments, at the time the first or next	114812
installment would otherwise become due and payable. Complaints	114813
regarding assessments may be made to the county board of revision	114814
in the same manner as complaints relating to the valuation and	114815
assessment of real property.	114816

Credits against assessments shall be granted equal to the	114817
value of any construction, reconstruction, improvement,	114818
alteration, or repair that an owner of a parcel of land or lot	114819
makes to an improvement pursuant to an agreement between the owner	114820
and the district.	114821

(5) After the levy of a special assessment, the board, at any	114822
time during any year in which an installment of the assessment	114823
becomes due, may pay out of other available funds of the district,	114824
including any state or federal funds available to the district,	114825
the full amount of the price of the contract that the special	114826
assessments are pledged to pay for that year or any other portion	114827
of the remaining obligation. The board shall be the sole	114828
determiner of the definition, extent, and allocation of the	114829
benefit resulting from an improvement that the board authorizes	114830
under this section.	114831

(G)(1) The board shall certify to the appropriate county	114832
auditor the boundaries of the area that is benefited by any public	114833
improvement the board authorizes under this section and, when the	114834
board so requests, the auditor shall apportion the valuation of	114835
any lot or parcel of land lying partly within and partly outside	114836
the area so benefited.	114837

(2) The board by resolution shall assess against the lots and	114838
parcels of land located in the area that is benefited by a public	114839
improvement such portion of the costs of completing the public	114840
improvement as the board determines, for the period that may be	114841
necessary to pay the note, bond, instrument, or obligation issued	114842
to pay for the improvement and the proceedings in relation to it,	114843
and shall certify these costs to the appropriate county auditor.	114844

(3) Except for assessments that have been paid in full in a	114845
lump sum, the county auditor shall annually place upon the tax	114846
duplicate, for collection in semiannual installments, the two	114847
installments of the assessment for that year, which shall be paid	114848
and collected at the same time and in the same manner as real	114849
property taxes. The collected assessments shall be paid to the	114850
treasury of the district and the board of the district shall use	114851
the assessments for any purpose authorized by this chapter.	114852

Sec. 5540.05. The board of trustees of a district may	114853
acquire real property in fee simple in the name of the district in	114854
connection with, but in excess of that needed for, a project by	114855
any method other than appropriation and hold the property for such	114856
period of time as the board determines. All right, title, and	114857
interest of the district in the property may be sold at public	114858
auction or otherwise, as the board considers in the best interests	114859
of the district; but in no event shall the property be sold for	114860
less than two-thirds of its appraised value. Sale at public	114861
auction shall be undertaken only after the board advertises the	114862
sale in a newspaper of general circulation in the district for at	114863
~~least~~ two weeks or as provided in section 7.16 of the Revised	114864
Code, prior to the date set for the sale.	114865

Sec. 5543.10. (A) The county engineer, upon the order of the	114866
board of county commissioners or board of township trustees, shall	114867
construct sidewalks, curbs, or gutters of suitable materials,	114868
along or connecting the public highways, outside any municipal	114869
corporation, upon the petition of a majority of the abutting	114870
property owners. The expense of the construction of these	114871
improvements may be paid by the county or township, or by the	114872
county or township and abutting property owners in such proportion	114873
as determined by the board of county commissioners or board of	114874
township trustees. The board of county commissioners or board of	114875
township trustees may assess part or all of the cost of these	114876
improvements against the abutting property owners, in proportion	114877
to benefits accruing to their property.	114878

The board of county commissioners or board of township	114879
trustees, by unanimous vote, may order the construction, repair,	114880
or maintenance of sidewalks, curbs, and gutters along or	114881
connecting the public highways, outside a municipal corporation,	114882
without a petition for that construction, repair, or maintenance,	114883
and may assess none, all, or any part of the cost against abutting	114884
property owners, provided that notice is given by publication for	114885
three successive weeks in a newspaper of general circulation	114886
within the county or as provided in section 7.16 of the Revised	114887
Code, stating the intention of the board of county commissioners	114888
or board of township trustees to construct, repair, or maintain	114889
the specified improvements and fixing a date for a hearing on	114890
them. As part of a sidewalk improvement, the board may include the	114891
repair or reconstruction of a driveway within the sidewalk	114892
easement. As part of a curb improvement, the board may include	114893
construction or repair of a driveway apron.	114894

Notice to all abutting property owners shall be given by two	114895
publications in a newspaper of general circulation in the county	114896
or as provided in section 7.16 of the Revised Code, at least ten	114897
days prior to the date fixed in the notice for the making of	114898
assessments. The notice shall state the time and place when	114899
abutting property owners will be given an opportunity to be heard	114900
with reference to assessments. The board of county commissioners	114901
or board of township trustees shall determine whether assessments	114902
shall be paid in one or more installments.	114903

(B) The county engineer may trim or remove any and all trees,	114904
shrubs, and other vegetation growing in or encroaching onto the	114905
right-of-way of the easement of a public sidewalk along or	114906
connecting the public highways and maintained by the county, and	114907
the board of township trustees may trim or remove any and all	114908
trees, shrubs, and other vegetation growing in or encroaching onto	114909
the right-of-way of the easement of a public sidewalk along or	114910
connecting the public highways and maintained by the township, as	114911
is necessary in the engineer's or board's judgment to facilitate	114912
the right of the public to improvement and maintenance of, and	114913
uninterrupted travel on, public sidewalks in the county or	114914
township.	114915

Sec. 5549.21. The board of township trustees may purchase or	114916
lease such machinery and tools as are necessary for use in	114917
constructing, reconstructing, maintaining, and repairing roads and	114918
culverts within the township, and shall provide suitable places	114919
for housing and storing machinery and tools owned by the township.	114920
It may purchase such material and employ such labor as is	114921
necessary for carrying into effect this section, or it may	114922
authorize the purchase or employment of such material and labor by	114923
one of its number, or by the township highway superintendent, at a	114924
price to be fixed by the board. All payments on account of	114925
machinery, tools, material, and labor shall be made from the	114926
township road fund. Except as otherwise provided in sections	114927
505.08, 505.101, and 5513.01 of the Revised Code, all purchases of	114928
materials, machinery, and tools shall, if the amount involved	114929
exceeds ~~twenty-five~~fifty thousand dollars, be made from the	114930
lowest responsible bidder after advertisement, as provided in	114931
section 5575.01 of the Revised Code.	114932

If, in compliance with section 505.10 of the Revised Code,	114933
the board wishes to sell machinery, equipment, or tools owned by	114934
the township to the person from whom it is to purchase other	114935
machinery, equipment, or tools, the board may offer, if the amount	114936
of the purchase alone involved does not exceed ~~twenty-five~~fifty	114937
thousand dollars, to sell such machinery, equipment, or tools and	114938
have the amount credited by the vendor against the purchase of the	114939
other machinery, equipment, or tools. If the purchase price of the	114940
other machinery, equipment, or tools alone exceeds ~~twenty-five~~	114941
fifty thousand dollars, the board may give notice to the	114942
competitive bidders of its willingness to accept offers for the	114943
purchase of the old machinery, equipment, or tools, and those	114944
offers shall be subtracted from the selling price of the other	114945
machinery, equipment, or tools as bid, in determining the lowest	114946
responsible bidder. Notice of the willingness of the board to	114947
accept offers for the purchase of the old machinery, equipment, or	114948
tools shall be made as a part of the advertisement for bids.	114949

Sec. 5552.06. (A) A board of county commissioners or a board	114950
of township trustees may adopt access management regulations or	114951
any amendments to those regulations after holding at least two	114952
public hearings at regular or special sessions of the board. The	114953
board shall consider the county engineer's proposed regulations	114954
prepared under division (B) of section 5552.04 or 5552.05 of the	114955
Revised Code and all comments on those regulations. The board, in	114956
its discretion, may, but need not, adopt any or all of those	114957
proposed regulations. After the public hearings, the board may	114958
decide not to adopt any access management regulations.	114959

The board shall publish notice of the public hearings in a	114960
newspaper of general circulation in the county or township, as	114961
applicable, once a week for ~~at least~~ two weeks or as provided in	114962
section 7.16 of the Revised Code, immediately preceding the	114963
hearings. The notice shall include the time, date, and place of	114964
each hearing. Copies of any proposed regulations or amendments	114965
shall be made available to the public at the board's office and,	114966
if the county engineer administers or is proposed to administer a	114967
point of access permit, in the engineer's office.	114968

(B) In addition to the notice required by division (A) of	114969
this section, not less than thirty days before holding a public	114970
hearing, a board of county commissioners shall send a copy of the	114971
county engineer's proposed regulations, a copy of the advisory	114972
committee's recommendations, and a request for written comments to	114973
the board of township trustees of each township in the county, the	114974
department of transportation district deputy director for the	114975
district in which the county is located, a representative of the	114976
metropolitan planning organization, where applicable, and at least	114977
the local professional associations representing the following	114978
professions:	114979

(1) Homebuilders;

114980

(2) Realtors;

114981

(3) Professional surveyors;

114982

(4) Attorneys;

114983

(5) Professional engineers.

114984

(C) In addition to the notice required by division (A) of	114985
this section, a board of township trustees shall send a copy of	114986
the county engineer's proposed regulations, a copy of the advisory	114987
committee's recommendations, and a request for written comments,	114988
not less than thirty days before holding a public hearing, to the	114989
department of transportation district deputy director for the	114990
district in which the township is located, a representative of the	114991
metropolitan planning organization, where applicable, and at least	114992
the local professional associations representing the professions	114993
listed in division (B) of this section.	114994

Sec. 5553.05. (A) In the resolution required by section	114995
5553.04 of the Revised Code, the board of county commissioners	114996
shall fix a date when it will view the proposed improvement, and	114997
also a date for a final hearing thereon.	114998

The board shall give notice of the time and place for both	114999
such view and hearing by publication once a week for two	115000
consecutive weeks in a newspaper ~~published and having~~of general	115001
circulation in the county where such improvement is located~~, but~~	115002
~~if there is no such newspaper published in said county, then in a~~	115003
~~newspaper having general circulation in said county~~or as provided	115004
in section 7.16 of the Revised Code. Such notice, in addition to	115005
the date and place of such view and place and time of the final	115006
hearing, shall state briefly the character of such improvement.	115007

(B) If the board adopts a resolution to vacate a public road	115008
as provided in section 5553.04 of the Revised Code, or if a	115009
petition to vacate a public road is filed, the board shall, in	115010
addition to the notice of the time and place for hearing	115011
prescribed in division (A) of this section, send written notice of	115012
the hearing by first class mail at least twenty days before the	115013
date of the public hearing to owners of property abutting upon	115014
that portion of the road to be vacated, and to the director of	115015
natural resources. Such notice shall be mailed to the addresses of	115016
such owners appearing on the county auditor's current tax list or	115017
the treasurer's mailing list, and such other list or lists that	115018
may be specified by the board. The failure of the delivery of such	115019
notice does not invalidate any such vacating of the road	115020
authorized in the resolution.	115021

Sec. 5553.19. The county engineer shall view and survey the	115022
road as provided in section 5553.18 of the Revised Code, and shall	115023
make a return of the survey and plat of the road to the board of	115024
county commissioners. Upon the filing of the report of the	115025
engineer, the board shall give notice of the filing of such report	115026
by publication as provided in section 7.16 of the Revised Code or	115027
once each week for three consecutive weeks in a newspaper	115028
~~published and having~~of general circulation in the county in which	115029
such road is situated~~, but if there is no such newspaper published~~	115030
~~in said county, then in a newspaper having general circulation in~~	115031
~~said county~~. Such notice shall state the date and time of the	115032
hearing upon the report of the engineer. If exceptions or	115033
objections are made, the board shall hear them, and it may approve	115034
or reject said report. If the report of the engineer is approved,	115035
the board shall cause such report to be recorded together with the	115036
survey and plat of such road.	115037

Sec. 5553.23. If a person through whose land a public road	115038
has been established, which is under the jurisdiction of the board	115039
of county commissioners, desires to turn or change or relocate	115040
such road or any part thereof through any part of ~~his~~the person's	115041
land, hethe person may file a petition with the board of county	115042
commissioners setting forth briefly the particular change he	115043
~~desires~~desired. Upon the receipt of such petition, the board	115044
shall give notice by publication once not later than two weeks	115045
prior to the date for the hearing on such petition in ~~some~~a	115046
newspaper ~~published and~~ of general circulation in said county, ~~but~~	115047
~~if there is no such newspaper published in said county, then in a~~	115048
~~newspaper having general circulation in said county,~~ stating that	115049
such petition has been filed and setting forth the change desired	115050
in such road and the date and place for the hearing on said	115051
petition. If a public road was once established for public	115052
convenience through private lands, but has not been improved by	115053
public funds and for more than twenty-one years has not been used,	115054
the owner of such land may petition the board to vacate the road	115055
in accordance with proceedings under sections 5553.04 to 5553.11	115056
of the Revised Code.	115057

A person through whose land a trail right of way has been	115058
preserved under section 5553.044 of the Revised Code may file a	115059
petition to turn or change the route of the trail right of way in	115060
the manner provided in this section, and such petition shall be	115061
acted upon in the manner set forth in sections 5553.23 to 5553.31	115062
of the Revised Code. Notice of the hearing in such case shall also	115063
be made by first class mail to the director of natural resources.	115064
If the board turns or changes the route of the trail right of way,	115065
it shall furnish the director with a full and accurate description	115066
or map of the change.	115067

Sec. 5553.42. The board of county commissioners shall give	115068
notice to the owners of lands through which the proposed road will	115069
pass of the filing of the petition provided for in section 5553.41	115070
of the Revised Code and the date and place of the hearing thereon.	115071
Such notice shall be served on such owners personally, or by	115072
leaving a copy of such notice at the usual place of residence of	115073
such owners at least five days before the date of the hearing on	115074
said petition. Proof of service of such notice shall be made by	115075
affidavit of the person serving such notice. If any of such owners	115076
are nonresidents of the county, the board shall give notice to	115077
such nonresidents by publication once each week for two	115078
consecutive weeks in a newspaper ~~published and having~~of general	115079
circulation ~~within~~in the county~~, but if there is no such~~	115080
~~newspaper published in said county, then in a newspaper having~~	115081
~~general circulation in said county~~or as provided in section 7.16	115082
of the Revised Code. A copy of the newspaper containing such	115083
notice shall be mailed by the county auditor to each nonresident	115084
whose post-office address is known to such auditor. Such notice	115085
shall state the time and place of the hearing on claims for	115086
compensation and damages.	115087

Sec. 5555.07. The county engineer shall prepare and file	115088
with the board of county commissioners, by the time fixed therefor	115089
by the board, copies of the surveys, plans, profiles, cross	115090
sections, estimates of costs, and specifications for the	115091
improvement and estimated assessments upon lands benefited	115092
thereby. Thereupon such board shall file such copies in its office	115093
for the inspection and examination of all persons interested.	115094
Except in a case involving the improvement of a public road in	115095
which no land or property is taken or assessed, the board shall	115096
publish in a newspaper ~~published and~~ of general circulation in the	115097
county, ~~or if no newspaper is published in the county then in a~~	115098
~~newspaper having general circulation in the county,~~ for the period	115099
of two weeks or as provided in section 7.16 of the Revised Code,	115100
notice that a resolution has been adopted providing for said	115101
improvement, and that copies of the surveys, plans, profiles,	115102
cross sections, estimates, and specifications, together with	115103
estimated assessments upon the lands benefited by such improvement	115104
for the proportion of the cost thereof to be assessed therefor,	115105
are on file in the office of the board for the inspection of	115106
persons interested therein. Such notice shall state the time and	115107
place for hearing objections to said improvement and to such	115108
estimated assessments. In a case involving the improvement of a	115109
public road in which no land or property is taken or assessed, the	115110
board shall publish the notice required by this section once a	115111
week for two consecutive weeks or as provided in section 7.16 of	115112
the Revised Code.	115113

At such hearing the board may order said surveys, plans,	115114
profiles, cross sections, estimates, and specifications to be	115115
changed or modified and shall make such adjustments of the	115116
estimated assessments as seem just to it. Thereupon the board may	115117
approve such surveys, plans, profiles, cross sections,	115118
specifications, and estimates and approve and confirm estimated	115119
assessments as made by the engineer or as modified and changed by	115120
the board. Such assessments when so approved and confirmed shall	115121
be certified to the county auditor of the county and shall	115122
thereupon become a lien upon the land charged therewith. The board	115123
may declare against said improvement.	115124

Sec. 5555.27. As soon as the county engineer has transmitted	115125
to the several boards of county commissioners copies of ~~his~~the	115126
engineer's surveys, plans, profiles, cross sections, estimates,	115127
and specifications for the improvement, the joint board of county	115128
commissioners shall, except in cases of reconstruction or repair	115129
of roads where no lands or property are taken, fix a time and	115130
place for hearing objections to said improvement. The joint board	115131
shall thereupon, except in cases of reconstruction or repair of	115132
roads where no lands or property are taken, publish in a newspaper	115133
~~published and~~ of general circulation within each interested	115134
county, ~~or if there is no such newspaper published in such county~~	115135
~~then in a newspaper having general circulation in such county,~~	115136
once a week for two consecutive weeks or as provided in section	115137
7.16 of the Revised Code, a notice that such improvement is to be	115138
made and that copies of the surveys, plans, profiles, cross	115139
sections, estimates, and specifications therefor are on file in	115140
the office of the board of each interested county for the	115141
inspection and examination of all persons interested therein. Such	115142
notice shall also state the time and place for hearing objections	115143
to said improvement. Proceedings for the appropriation of land	115144
needed for such improvement shall be maintained in accordance with	115145
sections 163.01 to 163.22~~, inclusive,~~ of the Revised Code.	115146

Sec. 5555.42. A board of county commissioners desiring to	115147
construct a county road improvement, and finding that no equitable	115148
method of apportioning the compensation, damages, and expenses	115149
thereof is provided by section 5555.41 of the Revised Code, or	115150
finding that an equitable assessment cannot be made by the use of	115151
any of the several assessment areas authorized by said section,	115152
may order the county engineer to make a tentative plan for such	115153
improvement and an approximate estimate of the cost. Such board	115154
may thereupon file an application in the court of common pleas	115155
describing the improvement in question, and a copy of the	115156
tentative plan and approximate estimate of cost shall be attached	115157
to such application. The board shall set forth in such application	115158
that the compensation, damages, and expenses of the improvement	115159
cannot be equitably apportioned under any of the several plans	115160
provided by said section or that such compensation, damages, and	115161
expenses cannot be equitably assessed by the use of any one of the	115162
several assessment areas authorized by said section, or that both	115163
such conditions exist, and it shall set forth a method of	115164
apportioning the compensation, damages, and expenses and a	115165
definite description of the area against which it desires to	115166
assess any part of such compensation, damages, and expenses. The	115167
application shall contain a prayer requesting authority from such	115168
court to construct the improvement and apportion the compensation,	115169
damages, and expenses according to the plan suggested by such	115170
board and to assess the designated portion of the cost against the	115171
real estate within the area described in the petition.	115172

Notice of the filing and pendency of such application shall	115173
be given once a week for four consecutive weeks by publication in	115174
~~two newspapers published and of general circulation in the county,~~	115175
~~or if there are no such newspapers then in two newspapers~~a	115176
newspaper of general circulation in such county or as provided in	115177
section 7.16 of the Revised Code. Such notice shall describe the	115178
route and termini of the improvement and set forth the estimated	115179
cost and the proposed method of apportionment and assessment area.	115180
After such notice has been given, the court or a judge thereof	115181
shall fix a time for a hearing on such application, and, at the	115182
time fixed, the court or a judge thereof shall hear such	115183
application and all evidence offered by the board or any taxpayer	115184
of the county for or against the proposed plan of apportionment	115185
and for or against the use of the suggested assessment area. If	115186
the court finds that the suggested plan of apportionment and the	115187
area against which special assessments are to be made are fair and	115188
just, that the cost of the improvement will not be excessive in	115189
view of the benefits conferred, and that all the real estate	115190
within the suggested assessment area will be benefited by the	115191
construction of the improvement upon the plan suggested and by the	115192
use of the method of apportionment set forth in said application,	115193
such court may authorize the board to proceed upon the suggested	115194
plan and to apportion the compensation, damages, and expenses in	115195
the manner set forth in the application and to assess against the	115196
real estate within the assessment area designated in the	115197
application, according to the benefits, that portion of the cost	115198
to be specially assessed; otherwise the court shall dismiss the	115199
application and the board may not proceed with the improvement.	115200
The court may modify the suggested plan of apportionment or the	115201
suggested assessment area and grant the prayer of the application	115202
subject to such modifications as it determines are just and	115203
proper. The board in its application may set up any division of	115204
cost which it thinks proper among the county, the owners of lands	115205
to be specially assessed, and any municipal corporation within	115206
which such projected improvement is situated in whole or in part,	115207
but no portion of the cost may be apportioned to a municipal	115208
corporation without the consent of such municipal corporation	115209
evidenced by an ordinance or resolution of its legislative	115210
authority.	115211

When the prayer of any such application is granted by the	115212
court or a judge thereof and the plan of apportionment and area of	115213
assessment is approved by such court, either as set forth in the	115214
application or as modified by the court, the board may proceed	115215
with the construction of the improvement and use the method of	115216
apportionment and the assessment area authorized by the court. In	115217
such event, the board may levy taxes and issue bonds in the manner	115218
provided by law with respect to improvements, the compensation,	115219
damages, and expenses of which are apportioned and paid as	115220
provided in section 5555.41 of the Revised Code, and all	115221
proceedings in connection with such improvement shall be conducted	115222
in accordance with sections 5555.01 to 5555.83 of the Revised	115223
Code, except as provided in this section. The special assessments	115224
shall be made by the board against the real estate within the	115225
assessment area authorized by the court, but no assessment against	115226
any lot or parcel of real estate shall exceed the actual benefits	115227
conferred thereon by the construction of the improvement. This	115228
section also applies to improvements of sections of a state	115229
highway within counties having a tax duplicate of real and	115230
personal property in excess of three hundred million dollars, and	115231
with respect to which the board desires to co-operate with the	115232
department of transportation.	115233

Sec. 5559.06. Upon the completion of the surveys, plans,	115234
profiles, cross sections, estimates, and specifications for an	115235
improvement under section 5559.02 of the Revised Code by the	115236
county engineer, hethe engineer shall transmit to the board of	115237
county commissioners copies of such surveys, plans, profiles,	115238
cross sections, estimates, and specifications. The board shall	115239
then publish, in a newspaper ~~published and~~ of general circulation	115240
within the county, ~~and if there is no such newspaper published in~~	115241
~~the county then in one having general circulation in such county,~~	115242
once a week for two consecutive weeks or as provided in section	115243
7.16 of the Revised Code, a notice that such improvement is to be	115244
made and that copies of the surveys, plans, profiles, cross	115245
sections, estimates, and specifications for it are on file in the	115246
office of the board for the inspection and examination of all	115247
persons interested. Such notice shall also state the time and	115248
place for hearing objections to the improvement.	115249

In the event that land or property is to be taken for such	115250
improvement, such taking shall be in accordance with sections	115251
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	115252

Sec. 5559.10. As soon as all questions of compensation and	115253
damages have been determined in a road improvement case, the	115254
county engineer shall make, upon actual view, an estimated	115255
assessment upon the real estate to be charged therewith, of the	115256
compensation, damages, and costs of an improvement as provided by	115257
section 5559.02 of the Revised Code. Such estimated assessment	115258
shall be according to the benefit which will result to the real	115259
estate. In making such assessment the engineer may take into	115260
consideration any previous special assessments made upon the real	115261
estate for road improvements. The schedule of such assessments	115262
shall be filed in the office of the board of county commissioners	115263
for the inspection of the persons interested. Before adopting the	115264
assessment, the board shall publish, once each week for two	115265
consecutive weeks, in ~~some~~a newspaper ~~published and~~ of general	115266
circulation in the county or as provided in section 7.16 of the	115267
Revised Code, ~~but if there is no such newspaper then in one having~~	115268
~~general circulation in the county,~~ notice that such assessment has	115269
been made, is on file in the office of the board, and the date	115270
when objections will be heard to such assessment. If any owner of	115271
property affected thereby desires, hethe owner may file ~~his~~	115272
objections to said assessments, in writing, with the board before	115273
the time for hearing. If any objections are filed the board shall	115274
hear them and act as an equalizing board. It may change such	115275
assessments if, in its opinion, any change is necessary to make	115276
them just and equitable, and the board shall approve and confirm	115277
such assessments as reported by the engineer or modified by it.	115278
Such assessments, when so approved and confirmed, shall be a lien	115279
on the land chargeable therewith.	115280

Sec. 5559.12. After the board of county commissioners has	115281
decided to proceed with an improvement as provided by section	115282
5559.02 of the Revised Code, it shall advertise for bids once, not	115283
later than two weeks prior to the date fixed for the letting of	115284
the contract, in a newspaper ~~published and~~ of general circulation	115285
in the county~~, but if there is no such newspaper then in one~~	115286
~~having general circulation in such county~~. Such notice shall state	115287
that copies of the surveys, plans, profiles, cross sections,	115288
estimates, and specifications for such improvement are on file in	115289
the office of the board, and the time within which bids will be	115290
received. The board shall award the contract to the lowest	115291
responsible bidder.	115292

The contract shall be let upon the basis of lump sum bids,	115293
unless the board orders that it be let upon the basis of unit	115294
price bids, in which event it shall be let upon such basis. The	115295
bids received shall be opened at the time stated in the notice.	115296
The board may reject all bids.	115297

Sec. 5561.04. The board of county commissioners, desiring to	115298
proceed under sections 4957.06 and 5561.01 to 5561.15 of the	115299
Revised Code, shall, after receipt of the certificate of necessity	115300
and expediency from the director of transportation, as provided in	115301
section 5561.03 of the Revised Code, hold a public hearing as to	115302
the expediency of constructing such improvement, notice of which	115303
shall be given by publication in ~~two newspapers published and~~a	115304
newspaper of general circulation in the county, ~~if such there be,~~	115305
~~otherwise in two newspapers of general circulation in such county,~~	115306
for two weeks prior to the date set for such hearing or as	115307
provided in section 7.16 of the Revised Code, and shall be served	115308
upon the railroad or interurban railway companies in the manner	115309
for the service of summons in civil actions, not less than twenty	115310
days prior to the date of such hearing.	115311

The board, after such hearing and for the purpose of making	115312
or causing such an improvement to be made, may, by resolution	115313
adopted by unanimous vote, require the railroad company, in	115314
co-operation with the county engineer or any engineer designated	115315
by the board, to prepare and submit to the board within six	115316
months, unless longer time is mutually agreed upon in writing,	115317
plans and specifications for such improvements, specifying the	115318
number, character, and location of all piers and supports which	115319
are to be permanently placed in any road or highway, specifying	115320
the grades to be established for the roads and the height,	115321
character, and estimated cost of any viaduct or way above or below	115322
any railroad track, and the change of grade required to be made of	115323
such tracks including side tracks and switches. But in changing	115324
the grade of any railroad, no grade shall be required in excess of	115325
that adopted by the railroad company for its construction work on	115326
that division or part of the railroad on which the improvement is	115327
to be made, without the consent of the railroad company, nor shall	115328
the railroad company's tracks be required to be placed below	115329
high-water mark.	115330

Such resolution shall be published in the same manner as	115331
resolutions of the legislative authority of a municipal	115332
corporation declaring the necessity of a contemplated public	115333
improvement, and shall be served by the sheriff upon the railroad	115334
or interurban railway companies in the manner provided for the	115335
service of summons in civil actions. If the proposed public	115336
improvement is to be made within a municipal corporation, notice	115337
of the passage of the same shall be served upon the municipal	115338
corporation by delivering to the clerk of the village or	115339
legislative authority of a city a true copy thereof.	115340

If, at the expiration of six months from the passage of such	115341
resolution, the railroad company has refused or failed to	115342
co-operate in the preparation of such plans and specifications, or	115343
if the county engineer or engineer designated by the board and the	115344
railroad company fail to agree upon the plans and specification of	115345
such improvement, then either the railroad company or the county	115346
may submit the matter of determining the method by which the	115347
improvement shall be made to the court of common pleas of such	115348
county. Either the county or company, after the expiration of six	115349
months from the passage of the resolution, may apply to such court	115350
by petition, accompanied by the necessary plans prepared by the	115351
county or railroad company, covering the grade crossing proposed	115352
to be abolished. Such plans must show the grades to be established	115353
for such roads or highways, the changes to be made in the location	115354
of roads or highways, the height, character, and estimated cost of	115355
any viaduct or way above or below the railroad tracks, the number,	115356
character, and location of piers, abutments, or supports to be	115357
permanently located in the roads or highways, and the change of	115358
grade to be made in any railroad tracks, including sidetracks and	115359
switches.	115360

Sec. 5561.08. Notice of the passage of a resolution for a	115361
grade crossing improvement shall be served by the sheriff of the	115362
county, upon the owner of each piece of property which will be	115363
affected by any change of grade, in the manner provided for the	115364
service of summons in civil actions. If any of such owners are	115365
nonresidents of the county, or if it appears from the return that	115366
they cannot be found, the notice shall be published for at least	115367
two weeks in ~~an English language~~a newspaper ~~published~~of general	115368
circulation in ~~such~~the county or as provided in section 7.16 of	115369
the Revised Code. Notice shall be completed at least twenty days	115370
before any work is done on such improvement, and the sheriff's	115371
return shall be prima-facie evidence of the facts recited therein.	115372

Section 727.18 of the Revised Code shall apply to the notice	115373
provided for in this section, and to all claims for damages by	115374
reason of such improvement. Such claims shall be filed with the	115375
county auditor within the time, and rights thereunder shall pass	115376
to vendees, as provided in such section. After the expiration of	115377
the time provided for the filing of claims, the board of county	115378
commissioners, when claims have been filed within the time	115379
limited, shall determine, by resolution, whether such claims are	115380
to be judicially inquired into before commencing or after the	115381
completion of the proposed improvement. Thereupon, the county	115382
prosecutor shall make application for a jury, to the court of	115383
common pleas, or probate court of the county, before commencing or	115384
after the completion of the improvement, as the board determines,	115385
and all proceedings upon such application shall be governed by the	115386
laws relating to similar applications provided for in cases of	115387
city improvements.	115388

Sec. 5571.011. If a person through whose land a public road	115389
has been established which is under the jurisdiction of a board of	115390
township trustees, desires to turn or change or relocate such road	115391
or any part thereof through any part of ~~his~~the person's land, he	115392
the person may file a petition with such board of township	115393
trustees setting forth briefly the particular change ~~he desires~~	115394
desired. Upon receipt of such petition, the board of township	115395
trustees shall give notice by publication once, not later than two	115396
weeks prior to the date which such board shall fix for a hearing	115397
on such petition, in a newspaper ~~published or~~ of general	115398
circulation in said township, stating that such petition has been	115399
filed and setting forth the change desired in such road and the	115400
date and place of such hearing.	115401

Upon receipt of such a petition the board of township	115402
trustees shall cause a competent engineer to make a survey of the	115403
ground over which the road is proposed to be changed, and to make	115404
a report in writing, together with a plat and survey of the	115405
proposed change and ~~his~~the engineer's opinion as to its advantage	115406
or disadvantage. The report of such engineer shall be filed with	115407
the board prior to the hearing of such petition.	115408

At the hearing had on the petition the board of township	115409
trustees may hear evidence for or against changing the road, and	115410
if the board is satisfied that the proposed change will not cause	115411
serious injury or disadvantage to the public, it may make a	115412
finding of such fact in its journal and authorize the petitioner	115413
to change such road in conformity with the prayer of the petition.	115414
The board may grant the change as prayed for in the petition, or	115415
it may order such change of the route of such road as will, in its	115416
judgment, be for the best interest of the public.	115417

Upon receiving satisfactory evidence that the road has been	115418
changed as authorized by it, and opened to the legal width and	115419
improved as required by it, the board of township trustees shall	115420
declare such new road a public highway and cause a record thereof	115421
to be made and at the same time vacate so much of the old road as	115422
is rendered unnecessary by the new road. The person petitioning	115423
for such change shall in all cases pay all costs and expenses in	115424
connection with the proceeding, as found and determined by the	115425
board, and the expense of making such change, including the cost	115426
of relocation of any conduits, cables, wires, towers, poles or	115427
other equipment or appliances of any public utility, located on,	115428
over or under such road. The petitioner shall, on the filing of	115429
the petition for such change, give bond to the satisfaction of the	115430
board in such amount as it determines to secure payment of the	115431
costs of the proceeding and to cover the expense of making the	115432
change asked for by the petition.	115433

Sec. 5573.02. Upon the completion of the surveys, plans,	115434
profiles, cross sections, estimates, and specifications for a road	115435
improvement by the county engineer, hethe engineer shall transmit	115436
to the board of township trustees copies of the same. Except in	115437
cases of reconstruction or repair of roads, where no land or	115438
property is taken, the board shall then cause to be published in a	115439
newspaper~~, published in the county and~~ of general circulation	115440
within the township, ~~but if no such paper is published in the~~	115441
~~county then in one having general circulation in such township,~~	115442
once a week for two consecutive weeks or as provided in section	115443
7.16 of the Revised Code, a notice that such improvement is to be	115444
made and that copies of the surveys, plans, profiles, cross	115445
sections, estimates, and specifications for it are on file with	115446
the board for the inspection and examination of all persons	115447
interested.	115448

In the event that land or property is to be taken for such	115449
improvement, proceedings shall be had in accordance with sections	115450
163.01 to 163.22~~, inclusive,~~ of the Revised Code.	115451

Sec. 5573.10. As soon as all questions of compensation and	115452
damages have been determined for any road improvement, the county	115453
engineer shall make, upon actual view, an estimated assessment,	115454
upon the real estate to be charged, of such part of the	115455
compensation, damages, and costs of such improvement as is to be	115456
specially assessed. Such assessment shall be according to the	115457
benefits which will result to the real estate. In making such	115458
assessment the engineer may take into consideration any previous	115459
special assessment made upon such real estate for road	115460
improvements.	115461

The schedule for such assessments shall be filed with the	115462
board of township trustees for the inspection of the persons	115463
interested. Before adopting the estimated assessment, the board	115464
shall publish once each week for two consecutive weeks, in ~~some~~a	115465
newspaper ~~published in the county and~~ of general circulation	115466
within such township~~, but if there is no such paper published in~~	115467
~~said county then in one having general circulation in such~~	115468
~~township~~or as provided in section 7.16 of the Revised Code,	115469
notice that such assessment has been made and is on file with the	115470
board, and the date when objections will be heard to such	115471
assessment.	115472

If any owner of property affected desires to make objections,	115473
hethe owner may file ~~his~~ objections to such assessments, in	115474
writing, with the board, before the time of such hearing. If any	115475
objections are filed the board shall hear them and act as an	115476
equalizing board, and may change assessments if, in its opinion,	115477
any changes are necessary to make them just and equitable. The	115478
board shall approve and confirm assessments as reported by the	115479
engineer or modified by the board. Such assessments, when approved	115480
and confirmed, shall be a lien on the land chargeable therewith.	115481

Sec. 5575.01. (A) In the maintenance and repair of roads,	115482
the board of township trustees may proceed either by contract or	115483
force account, but, unless the exemption specified in division (C)	115484
of this section applies, if the board wishes to proceed by force	115485
account, it first shall cause the county engineer to complete the	115486
force account assessment form developed by the auditor of state	115487
under section 117.16 of the Revised Code. Except as otherwise	115488
provided in sections 505.08 and 505.101 of the Revised Code, when	115489
the board proceeds by contract, the contract shall, if the amount	115490
involved exceeds forty-five thousand dollars, be let by the board	115491
to the lowest responsible bidder after advertisement for bids	115492
once, not later than two weeks, prior to the date fixed for the	115493
letting of the contract, in a newspaper ~~published in the county~~	115494
~~and~~ of general circulation within the township ~~or, if no newspaper~~	115495
~~is published in the county, in a newspaper having general~~	115496
~~circulation in the township~~. If the amount involved is forty-five	115497
thousand dollars or less, a contract may be let without	115498
competitive bidding, or the work may be done by force account.	115499
Such a contract shall be performed under the supervision of a	115500
member of the board or the township road superintendent.	115501

(B) Before undertaking the construction or reconstruction of	115502
a township road, the board shall cause to be made by the county	115503
engineer an estimate of the cost of the work, which estimate shall	115504
include labor, material, freight, fuel, hauling, use of machinery	115505
and equipment, and all other items of cost. If the board finds it	115506
in the best interest of the public, it may, in lieu of	115507
constructing the road by contract, proceed to construct the road	115508
by force account. Except as otherwise provided under sections	115509
505.08 and 505.101 of the Revised Code, where the total ~~estimate~~	115510
estimated cost of the work exceeds fifteen thousand dollars per	115511
mile, the board shall invite and receive competitive bids for	115512
furnishing all the labor, materials, and equipment and doing the	115513
work, as provided in section 5575.02 of the Revised Code, and	115514
shall consider and reject them before ordering the work done by	115515
force account. When such bids are received, considered, and	115516
rejected, and the work is done by force account, the work shall be	115517
performed in compliance with the plans and specifications upon	115518
which the bids were based.	115519

(C) Force account assessment forms are not required under	115520
division (A) of this section for road maintenance or repair	115521
projects of less than fifteen thousand dollars, or under division	115522
(B) of this section for road construction or reconstruction	115523
projects of less than five thousand dollars per mile.	115524

(D) All force account work under this section shall be done	115525
under the direction of a member of the board or the township road	115526
superintendent.	115527

Sec. 5575.02. After the board of township trustees has	115528
decided to proceed with a road improvement, it shall advertise for	115529
bids once, not later than two weeks prior to the date fixed for	115530
the letting of contracts, in a newspaper ~~published in the county~~	115531
~~and~~ of general circulation within ~~such~~the township~~, but if there~~	115532
~~is no such paper published in the county then in one having~~	115533
~~general circulation in the township~~. Such notice shall state that	115534
copies of the surveys, plans, profiles, cross sections, estimates,	115535
and specifications for such improvement are on file with the	115536
board, and the time within which bids will be received. The board	115537
may let the work as a whole or in convenient sections, as it	115538
determines. The contract shall be awarded to the lowest and best	115539
bidder who meets the requirements of section 153.54 of the Revised	115540
Code, and shall be let upon the basis of lump sum bids, unless the	115541
board orders that it be let upon the basis of unit price bids, in	115542
which event it shall be let upon such basis.	115543

Sec. 5577.042. (A) As used in this section:

115544

(1) "Farm machinery" has the same meaning as in section	115545
4501.01 of the Revised Code.	115546

(2) "Farm commodities" includes livestock, bulk milk, corn,	115547
soybeans, tobacco, and wheat.	115548

(3) "Farm truck" means a truck used in the transportation	115549
from a farm of farm commodities when the truck is operated in	115550
accordance with this section.	115551

(4) "Log truck" means a truck used in the transportation of	115552
timber from the site of its cutting when the truck is operated in	115553
accordance with this section.	115554

(5) "Coal truck" means a truck transporting coal from the	115555
site where it is mined when the truck is operated in accordance	115556
with this section.	115557

(6) "Solid waste" has the same meaning as in section 3734.01	115558
of the Revised Code.	115559

(7) "Solid waste haul vehicle" means a vehicle hauling solid	115560
waste for which a bill of lading has not been issued.	115561

(B)~~(1)~~ Notwithstanding sections 5577.02 and 5577.04 of the	115562
Revised Code, the following vehicles under the described	115563
conditions may exceed by no more than seven and one-half per cent	115564
the weight provisions of sections 5577.01 to 5577.09 of the	115565
Revised Code and no penalty prescribed in section 5577.99 of the	115566
Revised Code shall be imposed:	115567

~~(a)~~(1) A coal truck transporting coal, from the place of	115568
production to the first point of delivery where title to the coal	115569
is transferred;	115570

~~(b)~~(2) A farm truck or farm machinery transporting farm	115571
commodities, from the place of production to the first point of	115572
delivery where the commodities are weighed and title to the	115573
commodities is transferred;	115574

~~(c)~~(3) A log truck transporting timber, from the site of its	115575
cutting to the first point of delivery where the timber is	115576
transferred;	115577

~~(d)~~(4) A solid waste haul vehicle hauling solid waste, from	115578
the place of production to the first point of delivery where the	115579
solid waste is disposed of or title to the solid waste is	115580
transferred.	115581

~~(2) In addition, if any of the vehicles listed in division~~	115582
~~(B)(1) of this section and operated under the conditions described~~	115583
~~in that division does not exceed by more than seven and one-half~~	115584
~~per cent the gross vehicle weight provisions of sections 5577.01~~	115585
~~to 5577.09 of the Revised Code, no wheel or axle-load limits shall~~	115586
~~apply and no penalty prescribed in section 5577.99 of the Revised~~	115587
~~Code for a wheel or axle overload shall be imposed.~~	115588

(C) If any of the vehicles listed in division (B)~~(1)~~ of this	115589
section and operated under the conditions described in that	115590
division exceeds by more than seven and one-half per cent the	115591
weight provisions of sections 5577.01 to 5577.09 of the Revised	115592
Code, both of the following apply without regard to the seven and	115593
one-half per cent allowance provided by division (B) of this	115594
section:	115595

(1) The applicable penalty prescribed in section 5577.99 of	115596
the Revised Code;	115597

(2) The civil liability imposed by section 5577.12 of the	115598
Revised Code.	115599

(D)(1) Division (B) of this section does not apply to the	115600
operation of a farm truck, log truck, or farm machinery	115601
transporting farm commodities during the months of February and	115602
March.	115603

(2) Regardless of when the operation occurs, division (B) of	115604
this section does not apply to the operation of a vehicle on	115605
either of the following:	115606

(a) A highway that is part of the interstate system;

115607

(b) A highway, road, or bridge that is subject to reduced	115608
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	115609
5577.09, or 5591.42 of the Revised Code.	115610

Sec. 5577.043. (A) Notwithstanding sections 5577.02 and	115611
5577.04 of the Revised Code, the following vehicles under the	115612
described conditions may exceed by no more than five per cent the	115613
weight provisions of sections 5577.01 to 5577.09 of the Revised	115614
Code and no penalty prescribed in section 5577.99 of the Revised	115615
Code shall be imposed:	115616

(1) A surface mining truck transporting minerals from the	115617
place where the minerals are loaded to any of the following:	115618

(a) The construction site where the minerals are discharged;

115619

(b) The place where title to the minerals is transferred;

115620

115621

(2) A vehicle transporting hot mix asphalt material from the	115622
place where the material is first mixed to the paving site where	115623
the material is discharged;	115624

(3) A vehicle transporting concrete from the place where the	115625
material is first mixed to the site where the material is	115626
discharged;	115627

(4) A vehicle transporting manure, turf, sod, or silage from	115628
the site where the material is first produced to the first place	115629
of delivery;	115630

(5) A vehicle transporting chips, sawdust, mulch, bark,	115631
pulpwood, biomass, or firewood from the site where the product is	115632
first produced or harvested to the first point where the product	115633
is transferred.	115634

(B) ~~In addition, if any of the vehicles listed in division~~	115635
~~(A) of this section and operated under the conditions described in~~	115636
~~that division does not exceed by more than five per cent the gross~~	115637
~~vehicle weight provisions of sections 5577.01 to 5577.09 of the~~	115638
~~Revised Code, no wheel or axle load limits shall apply and no~~	115639
~~penalty prescribed in section 5577.99 of the Revised Code for a~~	115640
~~wheel or axle overload shall be imposed.~~	115641

~~(C)~~ If any of the vehicles listed in division (A) of this	115642
section and operated under the conditions described in that	115643
division exceeds by more than five per cent the weight provisions	115644
of sections 5577.01 to 5577.09 of the Revised Code, both of the	115645
following apply without regard to the allowance provided by	115646
division (A) of this section:	115647

(1) The applicable penalty prescribed in section 5577.99 of	115648
the Revised Code;	115649

(2) The civil liability imposed by section 5577.12 of the	115650
Revised Code.	115651

~~(D) Divisions~~(C) Division (A) ~~and (B)~~ of this section do	115652
does not apply to the operation of a vehicle listed in division	115653
(A) of this section on either of the following:	115654

(1) A highway that is part of the interstate system;

115655

(2) A highway, road, or bridge that is subject to reduced	115656
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	115657
5577.09, or 5591.42 of the Revised Code.	115658

Sec. 5591.15. All resolutions and notices provided for in	115659
sections 5591.03 to 5591.17 of the Revised Code, shall be	115660
published in a newspaper ~~published in and~~ of general circulation	115661
in the county where the improvement provided in such sections is	115662
to be made, and such publication shall be complete when published	115663
once a week, on the same day of the week, for two consecutive	115664
weeks or as provided in section 7.16 of the Revised Code.	115665

Sec. 5593.08. The bridge commission of any county or city	115666
may:	115667

(A) Adopt bylaws for the regulation of its affairs and the	115668
conduct of its business;	115669

(B) Adopt an official seal, which shall not be the seal of	115670
Ohio;	115671

(C) Maintain a principal office and suboffices at such places	115672
within the county or city as it designates;	115673

(D) Sue and be sued in its own name, and plead and be	115674
impleaded. Any actions against a bridge commission shall be	115675
brought in the court of common pleas of the county in which the	115676
principal office of the commission is located, or in the court of	115677
common pleas of the county in which the cause of action arose,	115678
when such county is located within this state. All summonses,	115679
exceptions, and notices of every kind shall be served on the	115680
commission by leaving a copy thereof at the principal office with	115681
the secretary-treasurer or the person in charge.	115682

(E) Construct, acquire by purchase or condemnation, improve,	115683
maintain, repair, police, and operate any bridge, and establish	115684
rules for the use of any such bridge;	115685

(F) Issue bridge revenue bonds of the county or city, payable	115686
solely from revenues, as provided in sections 5593.10 and 5593.16	115687
of the Revised Code, for the purpose of paying any part of the	115688
cost of any bridge or bridges;	115689

(G) Fix and revise from time to time and charge and collect	115690
tolls for transit over each bridge constructed or acquired by it;	115691

(H) Acquire, hold, and dispose of real and personal property	115692
in the exercise of its powers and the performance of its duties	115693
under this chapter;	115694

(I) Acquire, in the name of the county or city, as the case	115695
may be, by purchase or otherwise, on such terms and in such manner	115696
as it determines proper, or by the exercise of the right of	115697
condemnation in the manner provided by sections 163.01 to 163.22	115698
of the Revised Code, any bridge, land, rights, easements,	115699
franchises, and other property necessary or convenient for the	115700
construction of a bridge or the improvement or efficient operation	115701
of any property acquired or constructed under this chapter, or for	115702
securing right-of-way leading to any such bridge or its approach	115703
facilities;	115704

(J) Make and enter into all contracts and agreements	115705
necessary or incidental to the performance of its duties and the	115706
execution of its powers under this chapter:	115707

(1) When the cost under any such contract or agreement, other	115708
than compensation for personal services, involves an expenditure	115709
of more than ten thousand dollars, the commission shall make a	115710
written contract with the lowest and best bidder after	115711
advertisement for not less than two consecutive weeks, or as	115712
provided in section 7.16 of the Revised Code, in a newspaper of	115713
general circulation in Franklin county, and in such other	115714
publications as the commission determines, which notice shall	115715
state the general character of the work and the general character	115716
of the materials to be furnished, the place where plans and	115717
specifications therefor may be examined, and the time and place of	115718
receiving bids.	115719

(2) Each bid for a contract for the construction, demolition,	115720
alteration, repair, or reconstruction of an improvement shall	115721
contain the full name of every person interested in it and meets	115722
the requirements of section 153.54 of the Revised Code.	115723

(3) Each bid for a contract except as provided in division	115724
(J)(2) of this section shall contain the full name of every person	115725
or company interested in it and shall be accompanied by a bond or	115726
certified check on a solvent bank, in such amount as the	115727
commission determines sufficient, that if the bid is accepted a	115728
contract will be entered into and the performance of its proposal	115729
secured.	115730

(4) The commission may reject any and all bids.

115731

(5) A bond with good and sufficient surety, approved by the	115732
commission, shall be required of every contractor awarded a	115733
contract except as provided in division (J)(2) of this section, in	115734
an amount equal to at least fifty per cent of the contract price,	115735
conditioned upon the faithful performance of the contract.	115736

(K) Employ consulting engineers, superintendents, managers,	115737
engineers, construction and accounting experts, attorneys, and	115738
other employees and agents as are necessary in its judgment, and	115739
fix their compensation. All such expenses are payable solely from	115740
the proceeds of bridge revenue bonds issued under this chapter, or	115741
from revenues.	115742

(L) Receive and accept from any federal agency, subject to	115743
the approval of the board of county commissioners or the	115744
legislative authority of the city, as the case may be, grants for	115745
or in aid of the construction, acquisition, improvement, or	115746
operation of any bridge, and receive and accept aid or	115747
contributions from any source of money, property, labor, or other	115748
things of value, to be held, used, and applied only for the	115749
purposes for which such grants and contributions are made;	115750

(M) Provide coverage for its employees under sections 4123.01	115751
to 4123.94 and 4141.01 to 4141.46 of the Revised Code;	115752

(N) Do all acts necessary or proper to carry out the powers	115753
expressly granted in this chapter.	115754

Sec. 5701.13. (A) As used in this section:

115755

(1) "Nursing home" means a nursing home or a home for the	115756
aging, as those terms are defined in section 3721.01 of the	115757
Revised Code, that is issued a license pursuant to section 3721.02	115758
of the Revised Code.	115759

(2) "Residential care facility" means a residential care	115760
facility, as defined in section 3721.01 of the Revised Code, that	115761
is issued a license pursuant to section 3721.02 of the Revised	115762
Code.	115763

(3) "Adult care facility" means an adult care facility as	115764
defined in section ~~3722.01~~5119.70 of the Revised Code that is	115765
issued a license pursuant to section ~~3722.04~~5119.73 of the	115766
Revised Code.	115767

(B) As used in Title LVII of the Revised Code, and for the	115768
purpose of other sections of the Revised Code that refer	115769
specifically to Chapter 5701. or section 5701.13 of the Revised	115770
Code, a "home for the aged" means either of the following:	115771

(1) A place of residence for aged and infirm persons that	115772
satisfies divisions (B)(1)(a) to (e) of this section:	115773

(a) It is a nursing home, residential care facility, or adult	115774
care facility.	115775

(b) It is owned by a corporation, unincorporated association,	115776
or trust of a charitable, religious, or fraternal nature, which is	115777
organized and operated not for profit, which is not formed for the	115778
pecuniary gain or profit of, and whose net earnings or any part of	115779
whose net earnings is not distributable to, its members, trustees,	115780
officers, or other private persons, and which is exempt from	115781
federal income taxation under section 501 of the "Internal Revenue	115782
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	115783

(c) It is open to the public without regard to race, color,	115784
or national origin.	115785

(d) It does not pay, directly or indirectly, compensation for	115786
services rendered, interest on debts incurred, or purchase price	115787
for land, building, equipment, supplies, or other goods or	115788
chattels, which compensation, interest, or purchase price is	115789
unreasonably high.	115790

(e) It provides services for the life of each resident	115791
without regard to the resident's ability to continue payment for	115792
the full cost of the services.	115793

(2) A place of residence that satisfies divisions (B)(1)(b),	115794
(d), and (e) of this section; that satisfies the definition of	115795
"nursing home," or "residential care facility," ~~or "adult care~~	115796
~~facility"~~ under section 3721.01 of the Revised Code or ~~3722.01~~the	115797
definition of "adult care facility" under section 5119.70 of the	115798
Revised Code regardless of whether it is licensed as such a home	115799
or facility; and that is provided at no charge to individuals on	115800
account of their service without compensation to a charitable,	115801
religious, fraternal, or educational institution, which	115802
individuals are aged or infirm and are members of the corporation,	115803
association, or trust that owns the place of residence. For the	115804
purposes of division (B)(2) of this section, "compensation" does	115805
not include furnishing room and board, clothing, health care, or	115806
other necessities, or stipends or other de minimis payments to	115807
defray the cost thereof.	115808

Exemption from taxation shall be accorded, on proper	115809
application, only to those homes or parts of homes which meet the	115810
standards and provide the services specified in this section.	115811

Nothing in this section shall be construed as preventing a	115812
home from requiring a resident with financial need to apply for	115813
any applicable financial assistance or requiring a home to retain	115814
a resident who willfully refuses to pay for services for which the	115815
resident has contracted even though the resident has sufficient	115816
resources to do so.	115817

(C)(1) If a corporation, unincorporated association, or trust	115818
described in division (B)(1)(b) of this section is granted a	115819
certificate of need pursuant to section 3702.52 of the Revised	115820
Code to construct, add to, or otherwise modify a nursing home, or	115821
is given approval pursuant to section 3791.04 of the Revised Code	115822
to construct, add to, or otherwise modify a residential care	115823
facility or adult care facility and if the corporation,	115824
association, or trust submits an affidavit to the tax commissioner	115825
stating that, commencing on the date of licensure and continuing	115826
thereafter, the home or facility will be operated in accordance	115827
with the requirements of divisions (B)(1)(a) to (e) of this	115828
section, the corporation, association, or trust shall be	115829
considered to be operating a "home for the aged" within the	115830
meaning of division (B)(1) of this section, beginning on the first	115831
day of January of the year in which such certificate is granted or	115832
approval is given.	115833

(2) If a corporation, association, or trust is considered to	115834
be operating a "home for the aged" pursuant to division (C)(1) of	115835
this section, the corporation, association, or trust shall notify	115836
the tax commissioner in writing upon the occurrence of any of the	115837
following events:	115838

(a) The corporation, association, or trust no longer intends	115839
to complete the construction of, addition to, or modification of	115840
the home or facility, to obtain the appropriate license for the	115841
home or facility, or to commence operation of the home or facility	115842
in accordance with the requirements of divisions (B)(1)(a) to (e)	115843
of this section;	115844

(b) The certificate of approval referred to in division	115845
(C)(1) of this section expires, is revoked, or is otherwise	115846
terminated prior to the completion of the construction of,	115847
addition to, or modification of the home or facility;	115848

(c) The license to operate the home or facility is not	115849
granted by the director of health within one year following	115850
completion of the construction of, addition to, or modification of	115851
the home or facility;	115852

(d) The license to operate the home or facility is not	115853
granted by the director of health within four years following the	115854
date upon which the certificate or approval referred to in	115855
division (C)(1) of this section was granted or given;	115856

(e) The home or facility is granted a license to operate as a	115857
nursing home, residential care facility, or adult care facility.	115858

(3) Upon the occurrence of any of the events referred to in	115859
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the	115860
corporation, association, or trust shall no longer be considered	115861
to be operating a "home for the aged" pursuant to division (C)(1)	115862
of this section, except that the tax commissioner, for good cause	115863
shown and to the extent the commissioner considers appropriate,	115864
may extend the time period specified in division (C)(2)(c) or (d)	115865
of this section, or both. Nothing in division (C)(3) of this	115866
section shall be construed to prevent a nursing home, residential	115867
care facility, or adult care facility from qualifying as a "home	115868
for the aged" if, upon proper application made pursuant to	115869
division (B) of this section, it is found to meet the requirements	115870
of divisions (A) and (B) of this section.	115871

Sec. 5703.05. All powers, duties, and functions of the	115872
department of taxation are vested in and shall be performed by the	115873
tax commissioner, which powers, duties, and functions shall	115874
include, but shall not be limited to, the following:	115875

(A) Prescribing all blank forms which the department is	115876
authorized to prescribe, and to provide such forms and distribute	115877
the same as required by law and the rules of the department. ~~The~~	115878
~~tax commissioner shall include a mail-in registration form~~	115879
~~prescribed in section 3503.14 of the Revised Code within the~~	115880
~~return and instructions for the tax levied in odd-numbered years~~	115881
~~under section 5747.02 of the Revised Code, beginning with the tax~~	115882
~~levied for 1995. The secretary of state shall bear all costs for~~	115883
~~the inclusion of the mail-in registration form. That form shall be~~	115884
~~addressed for return to the office of the secretary of state.~~	115885

(B) Exercising the authority provided by law, including	115886
orders from bankruptcy courts, relative to remitting or refunding	115887
taxes or assessments, including penalties and interest thereon,	115888
illegally or erroneously assessed or collected, or for any other	115889
reason overpaid, and in addition, the commissioner may on written	115890
application of any person, firm, or corporation claiming to have	115891
overpaid to the treasurer of state at any time within five years	115892
prior to the making of such application any tax payable under any	115893
law which the department of taxation is required to administer	115894
which does not contain any provision for refund, or on the	115895
commissioner's own motion investigate the facts and make in	115896
triplicate a written statement of the commissioner's findings,	115897
and, if the commissioner finds that there has been an overpayment,	115898
issue in triplicate a certificate of abatement payable to the	115899
taxpayer, the taxpayer's assigns, or legal representative which	115900
shows the amount of the overpayment and the kind of tax overpaid.	115901
One copy of such statement shall be entered on the journal of the	115902
commissioner, one shall be certified to the attorney general, and	115903
one certified copy shall be delivered to the taxpayer. All copies	115904
of the certificate of abatement shall be transmitted to the	115905
attorney general, and if the attorney general finds it to be	115906
correct the attorney general shall so certify on each copy, and	115907
deliver one copy to the taxpayer, one copy to the commissioner,	115908
and the third copy to the treasurer of state. Except as provided	115909
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's	115910
copy of any certificates of abatement may be tendered by the payee	115911
or transferee thereof to the treasurer of state as payment, to the	115912
extent of the amount thereof, of any tax payable to the treasurer	115913
of state.	115914

(C) Exercising the authority provided by law relative to	115915
consenting to the compromise and settlement of tax claims;	115916

(D) Exercising the authority provided by law relative to the	115917
use of alternative tax bases by taxpayers in the making of	115918
personal property tax returns;	115919

(E) Exercising the authority provided by law relative to	115920
authorizing the prepayment of taxes on retail sales of tangible	115921
personal property or on the storage, use, or consumption of	115922
personal property, and waiving the collection of such taxes from	115923
the consumers;	115924

(F) Exercising the authority provided by law to revoke	115925
licenses;	115926

(G) Maintaining a continuous study of the practical operation	115927
of all taxation and revenue laws of the state, the manner in which	115928
and extent to which such laws provide revenues for the support of	115929
the state and its political subdivisions, the probable effect upon	115930
such revenue of possible changes in existing laws, and the	115931
possible enactment of measures providing for other forms of	115932
taxation. For this purpose the commissioner may establish and	115933
maintain a division of research and statistics, and may appoint	115934
necessary employees who shall be in the unclassified civil	115935
service; the results of such study shall be available to the	115936
members of the general assembly and the public.	115937

(H) Making all tax assessments, valuations, findings,	115938
determinations, computations, and orders the department of	115939
taxation is by law authorized and required to make and, pursuant	115940
to time limitations provided by law, on the commissioner's own	115941
motion, reviewing, redetermining, or correcting any tax	115942
assessments, valuations, findings, determinations, computations,	115943
or orders the commissioner has made, but the commissioner shall	115944
not review, redetermine, or correct any tax assessment, valuation,	115945
finding, determination, computation, or order which the	115946
commissioner has made as to which an appeal or application for	115947
rehearing, review, redetermination, or correction has been filed	115948
with the board of tax appeals, unless such appeal or application	115949
is withdrawn by the appellant or applicant or dismissed;	115950

(I) Appointing not more than five deputy tax commissioners,	115951
who, under such regulations as the rules of the department of	115952
taxation prescribe, may act for the commissioner in the	115953
performance of such duties as the commissioner prescribes in the	115954
administration of the laws which the commissioner is authorized	115955
and required to administer, and who shall serve in the	115956
unclassified civil service at the pleasure of the commissioner,	115957
but if a person who holds a position in the classified service is	115958
appointed, it shall not affect the civil service status of such	115959
person. The commissioner may designate not more than two of the	115960
deputy commissioners to act as commissioner in case of the	115961
absence, disability, or recusal of the commissioner or vacancy in	115962
the office of commissioner. The commissioner may adopt rules	115963
relating to the order of precedence of such designated deputy	115964
commissioners and to their assumption and administration of the	115965
office of commissioner.	115966

(J) Appointing and prescribing the duties of all other	115967
employees of the department of taxation necessary in the	115968
performance of the work of the department which the tax	115969
commissioner is by law authorized and required to perform, and	115970
creating such divisions or sections of employees as, in the	115971
commissioner's judgment, is proper;	115972

(K) Organizing the work of the department, which the	115973
commissioner is by law authorized and required to perform, so	115974
that, in the commissioner's judgment, an efficient and economical	115975
administration of the laws will result;	115976

(L) Maintaining a journal, which is open to public	115977
inspection, in which the tax commissioner shall keep a record of	115978
all final determinations of the commissioner;	115979

(M) Adopting and promulgating, in the manner provided by	115980
section 5703.14 of the Revised Code, all rules of the department,	115981
including rules for the administration of sections 3517.16,	115982
3517.17, and 5747.081 of the Revised Code;	115983

(N) Destroying any or all returns or assessment certificates	115984
in the manner authorized by law;	115985

(O) Adopting rules, in accordance with division (B) of	115986
section 325.31 of the Revised Code, governing the expenditure of	115987
moneys from the real estate assessment fund under that division.	115988

Sec. 5703.059. (A) The tax commissioner may adopt rules	115989
requiring returns, including any accompanying schedule or	115990
statement, for any of the following taxes to be filed	115991
electronically using the Ohio business gateway as defined in	115992
section 718.051 of the Revised Code, filed telephonically using	115993
the system known as the Ohio telefile system, or filed by any	115994
other electronic means prescribed by the commissioner:	115995

(1) Employer income tax withholding under Chapter 5747. of	115996
the Revised Code;	115997

(2) Motor fuel tax under Chapter 5735. of the Revised Code;

115998

(3) Cigarette and tobacco product tax under Chapter 5743. of	115999
the Revised Code;	116000

(4) Severance tax under Chapter 5749. of the Revised Code;

116001

(5) Use tax under Chapter 5741. of the Revised Code.

116002

(B) The tax commissioner may adopt rules requiring any	116003
payment of tax shown on such a return to be due to be made	116004
electronically in a manner approved by the commissioner.	116005

(C) A rule adopted under this section does not apply to	116006
returns or reports filed or payments made before six months after	116007
the effective date of the rule. The commissioner shall publicize	116008
any new electronic filing requirement on the department's web	116009
site. The commissioner shall educate the public of the requirement	116010
through seminars, workshops, conferences, or other outreach	116011
activities.	116012

(D) Any person required to file returns and make payments	116013
electronically under rules adopted under this section may apply to	116014
the commissioner, on a form prescribed by the commissioner, to be	116015
excused from that requirement. For good cause shown, the	116016
commissioner may excuse the applicant from the requirement and	116017
permit the applicant to file the returns or reports or make the	116018
payments required under this section by nonelectronic means.	116019

Sec. 5703.37. (A)(1) Except as provided in division (B) of	116020
this section, whenever service of a notice or order is required in	116021
the manner provided in this section, a copy of the notice or order	116022
shall be served upon the person affected thereby either by	116023
personal service or, by certified mail, or by a delivery service	116024
authorized under section 5703.056 of the Revised Code that	116025
notifies the tax commissioner of the date of delivery.	116026

(2) With the permission of the person affected by the notice	116027
or order, the commissioner may enter into a written agreement to	116028
deliver a notice or order by alternative means as provided in this	116029
section, including, but not limited to, delivery by secure	116030
electronic mail. Delivery by such means satisfies the requirements	116031
for delivery under this section.	116032

(B)(1)(a) If certified mail is returned because of an	116033
undeliverable address, the commissioner shall first utilize	116034
reasonable means to ascertain a new last known address, including	116035
the use of a change of address service offered by the United	116036
States postal service. If, after using reasonable means, the	116037
commissioner is unable to ascertain a new last known address, the	116038
assessment is final for purposes of section 131.02 of the Revised	116039
Code sixty days after the notice or order sent by certified mail	116040
is first returned to the commissioner, and the commissioner shall	116041
certify the notice or order, if applicable, to the attorney	116042
general for collection under section 131.02 of the Revised Code.	116043

(b) Notwithstanding certification to the attorney general	116044
under division (B)(1)(a) of this section, once the commissioner or	116045
attorney general, or the designee of either, makes an initial	116046
contact with the person to whom the notice or order is directed,	116047
the person may protest an assessment by filing a petition for	116048
reassessment within sixty days after the initial contact. The	116049
certification of an assessment under division (B)(1)(a) of this	116050
section is prima-facie evidence that delivery is complete and that	116051
the notice or order is served.	116052

(2) If mailing of a notice or order by certified mail is	116053
returned for some cause other than an undeliverable address, the	116054
tax commissioner shall resend the notice or order by ordinary	116055
mail. The notice or order shall show the date the commissioner	116056
sends the notice or order and include the following statement:	116057

"This notice or order is deemed to be served on the addressee	116058
under applicable law ten days from the date this notice or order	116059
was mailed by the commissioner as shown on the notice or order,	116060
and all periods within which an appeal may be filed apply from and	116061
after that date."	116062

Unless the mailing is returned because of an undeliverable	116063
address, the mailing of that information is prima-facie evidence	116064
that delivery of the notice or order was completed ten days after	116065
the commissioner sent the notice or order by ordinary mail and	116066
that the notice or order was served.	116067

If the ordinary mail is subsequently returned because of an	116068
undeliverable address, the commissioner shall proceed under	116069
division (B)(1)(a) of this section. A person may challenge the	116070
presumption of delivery and service under this division in	116071
accordance with division (C) of this section.	116072

(C)(1) A person disputing the presumption of delivery and	116073
service under division (B) of this section bears the burden of	116074
proving by a preponderance of the evidence that the address to	116075
which the notice or order was sent was not an address with which	116076
the person was associated at the time the commissioner originally	116077
mailed the notice or order by certified mail. For the purposes of	116078
this section, a person is associated with an address at the time	116079
the commissioner originally mailed the notice or order if, at that	116080
time, the person was residing, receiving legal documents, or	116081
conducting business at the address; or if, before that time, the	116082
person had conducted business at the address and, when the notice	116083
or order was mailed, the person's agent or the person's affiliate	116084
was conducting business at the address. For the purposes of this	116085
section, a person's affiliate is any other person that, at the	116086
time the notice or order was mailed, owned or controlled at least	116087
twenty per cent, as determined by voting rights, of the	116088
addressee's business.	116089

(2) If the person elects to protest an assessment certified	116090
to the attorney general for collection, the person must do so	116091
within sixty days after the attorney general's initial contact	116092
with the person. The attorney general may enter into a compromise	116093
with the person under sections 131.02 and 5703.06 of the Revised	116094
Code if the person does not file a petition for reassessment with	116095
the tax commissioner.	116096

(D) Nothing in this section prohibits the tax commissioner or	116097
the commissioner's designee from delivering a notice or order by	116098
personal service.	116099

(E) Collection actions taken pursuant to section 131.02 of	116100
the Revised Code upon any assessment being challenged under	116101
division (B)(1)(b) of this section shall be stayed upon the	116102
pendency of an appeal under this section. If a petition for	116103
reassessment is filed pursuant to this section on a claim that has	116104
been certified to the attorney general for collection, the claim	116105
shall be uncertified.	116106

(F) As used in this section:

116107

(1) "Last known address" means the address the department has	116108
at the time the document is originally sent by certified mail, or	116109
any address the department can ascertain using reasonable means	116110
such as the use of a change of address service offered by the	116111
United States postal service.	116112

(2) "Undeliverable address" means an address to which the	116113
United States postal service is not able to deliver a notice or	116114
order, except when the reason for nondelivery is because the	116115
addressee fails to acknowledge or accept the notice or order.	116116

Sec. 5703.58. (A) Subject to division ~~(C)~~(B) and (D) of this	116117
section, the tax commissioner shall not make or issue an	116118
assessment for any tax payable to the state that is administered	116119
by the tax commissioner, or any penalty, interest, or additional	116120
charge on such tax, after the expiration of ten years, including	116121
any extension, from the date the tax return or report was due when	116122
such amount was not reported and paid, provided that the ten-year	116123
period shall be extended by the period of any lawful stay to such	116124
assessment. As used in this section, "assessment" has the same	116125
meaning as in section 5703.50 of the Revised Code.	116126

(B) Subject to division (D) of this section, the tax	116127
commissioner shall not make or issue an assessment for any tax due	116128
under Chapter 5741. of the Revised Code, or any penalty, interest,	116129
or additional charge on such tax, after the expiration of seven	116130
years, including any extension, from the date the tax return or	116131
report was due if the amount of tax due was not reported and paid,	116132
provided that the seven-year period shall be extended by the	116133
period of any lawful stay to the assessment.	116134

116135

(1) Any amount collected for the state by a vendor or seller	116136
under Chapter 5739. or 5741. of the Revised Code or withheld by an	116137
employer under Chapter 5747. of the Revised Code.	116138

(2) Any person who fraudulently attempts to avoid such tax.

116139

~~(C)~~(D) This section does not authorize the assessment or	116140
collection of a tax for which the applicable period of limitation	116141
prescribed by law has expired and for which no valid assessment	116142
has been made and served as prescribed by law.	116143

Sec. 5705.01. As used in this chapter:

116144

(A) "Subdivision" means any county; municipal corporation;	116145
township; township police district; joint police district;	116146
township fire district; joint fire district; joint ambulance	116147
district; joint emergency medical services district; fire and	116148
ambulance district; joint recreation district; township waste	116149
disposal district; township road district; community college	116150
district; technical college district; detention facility district;	116151
a district organized under section 2151.65 of the Revised Code; a	116152
combined district organized under sections 2152.41 and 2151.65 of	116153
the Revised Code; a joint-county alcohol, drug addiction, and	116154
mental health service district; a drainage improvement district	116155
created under section 6131.52 of the Revised Code; a union	116156
cemetery district; a county school financing district; a city,	116157
local, exempted village, cooperative education, or joint	116158
vocational school district; or a regional student education	116159
district created under section 3313.83 of the Revised Code.	116160

(B) "Municipal corporation" means all municipal corporations,	116161
including those that have adopted a charter under Article XVIII,	116162
Ohio Constitution.	116163

(C) "Taxing authority" or "bond issuing authority" means, in	116164
the case of any county, the board of county commissioners; in the	116165
case of a municipal corporation, the council or other legislative	116166
authority of the municipal corporation; in the case of a city,	116167
local, exempted village, cooperative education, or joint	116168
vocational school district, the board of education; in the case of	116169
a community college district, the board of trustees of the	116170
district; in the case of a technical college district, the board	116171
of trustees of the district; in the case of a detention facility	116172
district, a district organized under section 2151.65 of the	116173
Revised Code, or a combined district organized under sections	116174
2152.41 and 2151.65 of the Revised Code, the joint board of county	116175
commissioners of the district; in the case of a township, the	116176
board of township trustees; in the case of a joint police	116177
district, the joint police district board; in the case of a joint	116178
fire district, the board of fire district trustees; in the case of	116179
a joint recreation district, the joint recreation district board	116180
of trustees; in the case of a joint-county alcohol, drug	116181
addiction, and mental health service district, the district's	116182
board of alcohol, drug addiction, and mental health services; in	116183
the case of a joint ambulance district or a fire and ambulance	116184
district, the board of trustees of the district; in the case of a	116185
union cemetery district, the legislative authority of the	116186
municipal corporation and the board of township trustees, acting	116187
jointly as described in section 759.341 of the Revised Code; in	116188
the case of a drainage improvement district, the board of county	116189
commissioners of the county in which the drainage district is	116190
located; in the case of a joint emergency medical services	116191
district, the joint board of county commissioners of all counties	116192
in which all or any part of the district lies; and in the case of	116193
a township police district, a township fire district, a township	116194
road district, or a township waste disposal district, the board of	116195
township trustees of the township in which the district is	116196
located. "Taxing authority" also means the educational service	116197
center governing board that serves as the taxing authority of a	116198
county school financing district as provided in section 3311.50 of	116199
the Revised Code, and the board of directors of a regional student	116200
education district created under section 3313.83 of the Revised	116201
Code.	116202

(D) "Fiscal officer" in the case of a county, means the	116203
county auditor; in the case of a municipal corporation, the city	116204
auditor or village clerk, or an officer who, by virtue of the	116205
charter, has the duties and functions of the city auditor or	116206
village clerk, except that in the case of a municipal university	116207
the board of directors of which have assumed, in the manner	116208
provided by law, the custody and control of the funds of the	116209
university, the chief accounting officer of the university shall	116210
perform, with respect to the funds, the duties vested in the	116211
fiscal officer of the subdivision by sections 5705.41 and 5705.44	116212
of the Revised Code; in the case of a school district, the	116213
treasurer of the board of education; in the case of a county	116214
school financing district, the treasurer of the educational	116215
service center governing board that serves as the taxing	116216
authority; in the case of a township, the township fiscal officer;	116217
in the case of a joint police district, the treasurer of the	116218
district; in the case of a joint fire district, the clerk of the	116219
board of fire district trustees; in the case of a joint ambulance	116220
district, the clerk of the board of trustees of the district; in	116221
the case of a joint emergency medical services district, the	116222
person appointed as fiscal officer pursuant to division (D) of	116223
section 307.053 of the Revised Code; in the case of a fire and	116224
ambulance district, the person appointed as fiscal officer	116225
pursuant to division (B) of section 505.375 of the Revised Code;	116226
in the case of a joint recreation district, the person designated	116227
pursuant to section 755.15 of the Revised Code; in the case of a	116228
union cemetery district, the clerk of the municipal corporation	116229
designated in section 759.34 of the Revised Code; in the case of a	116230
children's home district, educational service center, general	116231
health district, joint-county alcohol, drug addiction, and mental	116232
health service district, county library district, detention	116233
facility district, district organized under section 2151.65 of the	116234
Revised Code, a combined district organized under sections 2152.41	116235
and 2151.65 of the Revised Code, or a metropolitan park district	116236
for which no treasurer has been appointed pursuant to section	116237
1545.07 of the Revised Code, the county auditor of the county	116238
designated by law to act as the auditor of the district; in the	116239
case of a metropolitan park district which has appointed a	116240
treasurer pursuant to section 1545.07 of the Revised Code, that	116241
treasurer; in the case of a drainage improvement district, the	116242
auditor of the county in which the drainage improvement district	116243
is located; in the case of a regional student education district,	116244
the fiscal officer appointed pursuant to section 3313.83 of the	116245
Revised Code; and in all other cases, the officer responsible for	116246
keeping the appropriation accounts and drawing warrants for the	116247
expenditure of the moneys of the district or taxing unit.	116248

(E) "Permanent improvement" or "improvement" means any	116249
property, asset, or improvement with an estimated life or	116250
usefulness of five years or more, including land and interests	116251
therein, and reconstructions, enlargements, and extensions thereof	116252
having an estimated life or usefulness of five years or more.	116253

(F) "Current operating expenses" and "current expenses" mean	116254
the lawful expenditures of a subdivision, except those for	116255
permanent improvements, and except payments for interest, sinking	116256
fund, and retirement of bonds, notes, and certificates of	116257
indebtedness of the subdivision.	116258

(G) "Debt charges" means interest, sinking fund, and	116259
retirement charges on bonds, notes, or certificates of	116260
indebtedness.	116261

(H) "Taxing unit" means any subdivision or other governmental	116262
district having authority to levy taxes on the property in the	116263
district or issue bonds that constitute a charge against the	116264
property of the district, including conservancy districts,	116265
metropolitan park districts, sanitary districts, road districts,	116266
and other districts.	116267

(I) "District authority" means any board of directors,	116268
trustees, commissioners, or other officers controlling a district	116269
institution or activity that derives its income or funds from two	116270
or more subdivisions, such as the educational service center, the	116271
trustees of district children's homes, the district board of	116272
health, a joint-county alcohol, drug addiction, and mental health	116273
service district's board of alcohol, drug addiction, and mental	116274
health services, detention facility districts, a joint recreation	116275
district board of trustees, districts organized under section	116276
2151.65 of the Revised Code, combined districts organized under	116277
sections 2152.41 and 2151.65 of the Revised Code, and other such	116278
boards.	116279

(J) "Tax list" and "tax duplicate" mean the general tax lists	116280
and duplicates prescribed by sections 319.28 and 319.29 of the	116281
Revised Code.	116282

(K) "Property" as applied to a tax levy means taxable	116283
property listed on general tax lists and duplicates.	116284

(L) "School library district" means a school district in	116285
which a free public library has been established that is under the	116286
control and management of a board of library trustees as provided	116287
in section 3375.15 of the Revised Code.	116288

Sec. 5705.14. No transfer shall be made from one fund of a	116289
subdivision to any other fund, by order of the court or otherwise,	116290
except as follows:	116291

(A) The unexpended balance in a bond fund that is no longer	116292
needed for the purpose for which such fund was created shall be	116293
transferred to the sinking fund or bond retirement fund from which	116294
such bonds are payable.	116295

(B) The unexpended balance in any specific permanent	116296
improvement fund, other than a bond fund, after the payment of all	116297
obligations incurred in the acquisition of such improvement, shall	116298
be transferred to the sinking fund or bond retirement fund of the	116299
subdivision; provided that if such money is not required to meet	116300
the obligations payable from such funds, it may be transferred to	116301
a special fund for the acquisition of permanent improvements, or,	116302
with the approval of the court of common pleas of the county in	116303
which such subdivision is located, to the general fund of the	116304
subdivision.	116305

(C) ~~The~~(1) Except as provided in division (C)(2) of this	116306
section, the unexpended balance in the sinking fund or bond	116307
retirement fund of a subdivision, after all indebtedness,	116308
interest, and other obligations for the payment of which such fund	116309
exists have been paid and retired, shall be transferred, in the	116310
case of the sinking fund, to the bond retirement fund, and in the	116311
case of the bond retirement fund, to the sinking fund; provided	116312
that if such transfer is impossible by reason of the nonexistence	116313
of the fund to receive the transfer, such unexpended balance, with	116314
the approval of the court of common pleas of the county in which	116315
such division is located, may be transferred to any other fund of	116316
the subdivision.	116317

(2) Money in a bond fund or bond retirement fund of a city,	116318
local, exempted village, cooperative education, or joint	116319
vocational school district may be transferred to a specific	116320
permanent improvement fund provided that the county budget	116321
commission of the county in which the school district is located	116322
approves the transfer upon its determination that the money	116323
transferred will not be required to meet the obligations payable	116324
from the bond fund or bond retirement fund. In arriving at such a	116325
determination, the county budget commission shall consider the	116326
balance of the bond fund or bond retirement fund, the outstanding	116327
obligations payable from the fund, and the sources and timing of	116328
the fund's revenue.	116329

(D) The unexpended balance in any special fund, other than an	116330
improvement fund, existing in accordance with division (D), (F),	116331
or (G) of section 5705.09 or section 5705.12 of the Revised Code,	116332
may be transferred to the general fund or to the sinking fund or	116333
bond retirement fund after the termination of the activity,	116334
service, or other undertaking for which such special fund existed,	116335
but only after the payment of all obligations incurred and payable	116336
from such special fund.	116337

(E) Money may be transferred from the general fund to any	116338
other fund of the subdivision.	116339

(F) Moneys retained or received by a county under section	116340
4501.04 or division (A)(3) of section 5735.27 of the Revised Code	116341
may be transferred from the fund into which they were deposited to	116342
the sinking fund or bond retirement fund from which any principal,	116343
interest, or charges for which such moneys may be used is payable.	116344

(G) Moneys retained or received by a municipal corporation	116345
under section 4501.04 or division (A)(1) or (2) of section 5735.27	116346
of the Revised Code may be transferred from the fund into which	116347
they were deposited to the sinking fund or bond retirement fund	116348
from which any principal, interest, or charges for which such	116349
moneys may be used is payable.	116350

(H)(1) Money may be transferred from the county developmental	116351
disabilities general fund to the county developmental disabilities	116352
capital fund established under section 5705.091 of the Revised	116353
Code or to any other fund created for the purposes of the county	116354
board of developmental disabilities, so long as money in the fund	116355
to which the money is transferred can be spent for the particular	116356
purpose of the transferred money. The county board of	116357
developmental disabilities may request, by resolution, that the	116358
board of county commissioners make the transfer. The county board	116359
of developmental disabilities shall transmit a certified copy of	116360
the resolution to the board of county commissioners. Upon	116361
receiving the resolution, the board of county commissioners may	116362
make the transfer. Money transferred to a fund shall be credited	116363
to an account appropriate to its particular purpose.	116364

(2) An unexpended balance in an account in the county	116365
developmental disabilities capital fund or any other fund created	116366
for the purposes of the county board of developmental disabilities	116367
may be transferred back to the county developmental disabilities	116368
general fund. The transfer may be made if the unexpended balance	116369
is no longer needed for its particular purpose and all outstanding	116370
obligations have been paid. Money transferred back to the county	116371
developmental disabilities general fund shall be credited to an	116372
account for current expenses within that fund. The county board of	116373
developmental disabilities may request, by resolution, that the	116374
board of county commissioners make the transfer. The county board	116375
of developmental disabilities shall transmit a certified copy of	116376
the resolution to the board of county commissioners. Upon	116377
receiving the resolution, the board of county commissioners may	116378
make the transfer.	116379

(I) Money may be transferred from the public assistance fund	116380
established under section 5101.161 of the Revised Code to either	116381
of the following funds, so long as the money to be transferred	116382
from the public assistance fund may be spent for the purposes for	116383
which money in the receiving fund may be used:	116384

(1) The children services fund established under section	116385
5101.144 of the Revised Code;	116386

(2) The child support enforcement administrative fund	116387
established, as authorized under rules adopted by the director of	116388
job and family services, in the county treasury for use by any	116389
county family services agency.	116390

Except in the case of transfer pursuant to division (E) of	116391
this section, transfers authorized by this section shall only be	116392
made by resolution of the taxing authority passed with the	116393
affirmative vote of two-thirds of the members.	116394

Sec. 5705.16. A resolution of the taxing authority of any	116395
political subdivision shall be passed by a majority of all the	116396
members thereof, declaring the necessity for the transfer of funds	116397
authorized by section 5705.15 of the Revised Code, and such taxing	116398
authority shall prepare a petition addressed to the court of	116399
common pleas of the county in which the funds are held. The	116400
petition shall set forth the name and amount of the fund, the fund	116401
to which it is desired to be transferred, a copy of such	116402
resolution with a full statement of the proceedings pertaining to	116403
its passage, and the reason or necessity for the transfer. A	116404
duplicate copy of said petition shall be forwarded to the tax	116405
commissioner for ~~his~~the commissioner's examination and approval.	116406

If the petition is disapproved by the commissioner, it shall	116407
be returned within ten days of its receipt to the officers who	116408
submitted it, with a memorandum of the commissioner's objections.	116409
This disapproval shall not prejudice a later application for	116410
approval. If the petition is approved by the commissioner, it	116411
shall be forwarded within ten days of its receipt to the clerk of	116412
the court of common pleas of the county to whose court of common	116413
pleas the petition is addressed, marked with the approval of the	116414
commissioner. If the commissioner approves the petition, hethe	116415
commissioner shall notify immediately the officers who submitted	116416
the petition, who then may file the petition in the court to which	116417
it is addressed.	116418

The petitioner shall give notice of the filing, object, and	116419
prayer of the petition, and of the time when it will be heard. The	116420
notice shall be given by one publication in ~~two newspapers having~~	116421
a newspaper of general circulation in the territory to be affected	116422
by such transfer of funds~~, preference being given to newspapers~~	116423
~~published within the territory~~. If there ~~are~~is no such ~~newspapers~~	116424
newspaper, the notice shall be posted in ten conspicuous places	116425
within the territory for ~~the~~a period of four weeks.	116426

The petition may be heard at the time stated in the notice,	116427
or as soon thereafter as convenient for the court. Any person who	116428
objects to the prayer of such petition shall file ~~his~~the person's	116429
objections in such cause on or before the time fixed in the notice	116430
for hearing, and hethat person shall be entitled to be heard.	116431

If, upon hearing, the court finds that the notice has been	116432
given as required by this section, that the petition states	116433
sufficient facts, that there are good reasons, or that a necessity	116434
exists, for the transfer, and that no injury will result	116435
therefrom, it shall grant the prayer of the petition and order the	116436
petitioners to make such transfer.	116437

A copy of the findings, orders, and judgments of the court	116438
shall be certified by the clerk and entered on the records of the	116439
petitioning officers or board, and thereupon the petitioners may	116440
make the transfer of funds as directed by the court. All costs of	116441
such proceedings shall be paid by the petitioners, except that if	116442
objections are filed the court may order such objectors to pay all	116443
or a portion of the costs.	116444

Sec. 5705.191. The taxing authority of any subdivision,	116445
other than the board of education of a school district or the	116446
taxing authority of a county school financing district, by a vote	116447
of two-thirds of all its members, may declare by resolution that	116448
the amount of taxes that may be raised within the ten-mill	116449
limitation by levies on the current tax duplicate will be	116450
insufficient to provide an adequate amount for the necessary	116451
requirements of the subdivision, and that it is necessary to levy	116452
a tax in excess of such limitation for any of the purposes in	116453
section 5705.19 of the Revised Code, or to supplement the general	116454
fund for the purpose of making appropriations for one or more of	116455
the following purposes: public assistance, human or social	116456
services, relief, welfare, hospitalization, health, and support of	116457
general hospitals, and that the question of such additional tax	116458
levy shall be submitted to the electors of the subdivision at a	116459
general, primary, or special election to be held at a time therein	116460
specified. Such resolution shall not include a levy on the current	116461
tax list and duplicate unless such election is to be held at or	116462
prior to the general election day of the current tax year. Such	116463
resolution shall conform to the requirements of section 5705.19 of	116464
the Revised Code, except that a levy to supplement the general	116465
fund for the purposes of public assistance, human or social	116466
services, relief, welfare, hospitalization, health, or the support	116467
of general or tuberculosis hospitals may not be for a longer	116468
period than ten years. All other levies under this section may not	116469
be for a longer period than five years unless a longer period is	116470
permitted by section 5705.19 of the Revised Code, and the	116471
resolution shall specify the date of holding such election, which	116472
shall not be earlier than ninety days after the adoption and	116473
certification of such resolution. The resolution shall go into	116474
immediate effect upon its passage and no publication of the same	116475
is necessary other than that provided for in the notice of	116476
election. A copy of such resolution, immediately after its	116477
passage, shall be certified to the board of elections of the	116478
proper county or counties in the manner provided by section	116479
5705.25 of the Revised Code, and such section shall govern the	116480
arrangements for the submission of such question and other matters	116481
with respect to such election, to which section 5705.25 of the	116482
Revised Code refers, excepting that such election shall be held on	116483
the date specified in the resolution, which shall be consistent	116484
with the requirements of section 3501.01 of the Revised Code,	116485
provided that only one special election for the submission of such	116486
question may be held in any one calendar year and provided that a	116487
special election may be held upon the same day a primary election	116488
is held. Publication of notice of that election shall be made in	116489
~~one or more newspapers~~a newspaper of general circulation in the	116490
county once a week for two consecutive weeks, or as provided in	116491
section 7.16 of the Revised Code, prior to the election~~, and, if~~.	116492
If the board of elections operates and maintains a web site, the	116493
board of elections shall post notice of the election on its web	116494
site for thirty days prior to the election.	116495

If a majority of the electors voting on the question vote in	116496
favor thereof, the taxing authority of the subdivision may make	116497
the necessary levy within such subdivision at the additional rate	116498
or at any lesser rate outside the ten-mill limitation on the tax	116499
list and duplicate for the purpose stated in the resolution. Such	116500
tax levy shall be included in the next annual tax budget that is	116501
certified to the county budget commission.	116502

After the approval of such a levy by the electors, the taxing	116503
authority of the subdivision may anticipate a fraction of the	116504
proceeds of such levy and issue anticipation notes. In the case of	116505
a continuing levy that is not levied for the purpose of current	116506
expenses, notes may be issued at any time after approval of the	116507
levy in an amount not more than fifty per cent of the total	116508
estimated proceeds of the levy for the succeeding ten years, less	116509
an amount equal to the fraction of the proceeds of the levy	116510
previously anticipated by the issuance of anticipation notes. In	116511
the case of a levy for a fixed period that is not for the purpose	116512
of current expenses, notes may be issued at any time after	116513
approval of the levy in an amount not more than fifty per cent of	116514
the total estimated proceeds of the levy throughout the remaining	116515
life of the levy, less an amount equal to the fraction of the	116516
proceeds of the levy previously anticipated by the issuance of	116517
anticipation notes. In the case of a levy for current expenses,	116518
notes may be issued after the approval of the levy by the electors	116519
and prior to the time when the first tax collection from the levy	116520
can be made. Such notes may be issued in an amount not more than	116521
fifty per cent of the total estimated proceeds of the levy	116522
throughout the term of the levy in the case of a levy for a fixed	116523
period, or fifty per cent of the total estimated proceeds for the	116524
first ten years of the levy in the case of a continuing levy.	116525

No anticipation notes that increase the net indebtedness of a	116526
county may be issued without the prior consent of the board of	116527
county commissioners of that county. The notes shall be issued as	116528
provided in section 133.24 of the Revised Code, shall have	116529
principal payments during each year after the year of their	116530
issuance over a period not exceeding the life of the levy	116531
anticipated, and may have a principal payment in the year of their	116532
issuance.	116533

"Taxing authority" and "subdivision" have the same meanings	116534
as in section 5705.01 of the Revised Code.	116535

This section is supplemental to and not in derogation of	116536
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	116537

Sec. 5705.194. The board of education of any city, local,	116538
exempted village, cooperative education, or joint vocational	116539
school district at any time may declare by resolution that the	116540
revenue that will be raised by all tax levies which the district	116541
is authorized to impose, when combined with state and federal	116542
revenues, will be insufficient to provide for the emergency	116543
requirements of the school district or to avoid an operating	116544
deficit, and that it is therefore necessary to levy an additional	116545
tax in excess of the ten-mill limitation. The resolution shall be	116546
confined to a single purpose and shall specify that purpose. If	116547
the levy is proposed to renew all or a portion of the proceeds	116548
derived from one or more existing levies imposed pursuant to this	116549
section, it shall be called a renewal levy and shall be so	116550
designated on the ballot. If two or more existing levies are to be	116551
included in a single renewal levy but are not scheduled to expire	116552
in the same year, the resolution shall specify that the existing	116553
levies to be renewed shall not be levied after the year preceding	116554
the year in which the renewal levy is first imposed.	116555
Notwithstanding the original purpose of any one or more existing	116556
levies that are to be in any single renewal levy, the purpose of	116557
the renewal levy may be either to avoid an operating deficit or to	116558
provide for the emergency requirements of the school district. The	116559
resolution shall further specify the amount of money it is	116560
necessary to raise for the specified purpose for each calendar	116561
year the millage is to be imposed; if a renewal levy, whether the	116562
levy is to renew all, or a portion of, the proceeds derived from	116563
one or more existing levies; and the number of years in which the	116564
millage is to be in effect, which may include a levy upon the	116565
current year's tax list. The number of years may be any number not	116566
exceeding ten.	116567

The question shall be submitted at a special election on a	116568
date specified in the resolution. The date shall not be earlier	116569
than eighty days after the adoption and certification of the	116570
resolution to the county auditor and shall be consistent with the	116571
requirements of section 3501.01 of the Revised Code. A resolution	116572
for a renewal levy shall not be placed on the ballot unless the	116573
question is submitted on a date on which a special election may be	116574
held under division (D) of section 3501.01 of the Revised Code,	116575
except for the first Tuesday after the first Monday in February	116576
and August, during the last year the levy to be renewed may be	116577
extended on the real and public utility property tax list and	116578
duplicate, or at any election held in the ensuing year, except	116579
that if the resolution proposes renewing two or more existing	116580
levies, the question shall be submitted on the date of the general	116581
or primary election held during the last year at least one of the	116582
levies to be renewed may be extended on that list and duplicate,	116583
or at any election held during the ensuing year. For purposes of	116584
this section, a levy shall be considered to be an "existing levy"	116585
through the year following the last year it can be placed on the	116586
real and public utility property tax list and duplicate.	116587

The submission of questions to the electors under this	116588
section is subject to the limitation on the number of election	116589
dates established by section 5705.214 of the Revised Code.	116590

The resolution shall go into immediate effect upon its	116591
passage, and no publication of the resolution shall be necessary	116592
other than that provided for in the notice of election. A copy of	116593
the resolution shall immediately after its passing be certified to	116594
the county auditor of the proper county. Section 5705.195 of the	116595
Revised Code shall govern the arrangements for the submission of	116596
questions to the electors under this section and other matters	116597
concerning the election. Publication of notice of the election	116598
shall be made in one ~~or more newspapers~~newspaper of general	116599
circulation in the county once a week for two consecutive weeks,	116600
or as provided in section 7.16 of the Revised Code, prior to the	116601
election~~, and, if~~. If the board of elections operates and	116602
maintains a web site, the board of elections shall post notice of	116603
the election on its web site for thirty days prior to the	116604
election. If a majority of the electors voting on the question	116605
submitted in an election vote in favor of the levy, the board of	116606
education of the school district may make the additional levy	116607
necessary to raise the amount specified in the resolution for the	116608
purpose stated in the resolution. The tax levy shall be included	116609
in the next tax budget that is certified to the county budget	116610
commission.	116611

After the approval of the levy and prior to the time when the	116612
first tax collection from the levy can be made, the board of	116613
education may anticipate a fraction of the proceeds of the levy	116614
and issue anticipation notes in an amount not exceeding the total	116615
estimated proceeds of the levy to be collected during the first	116616
year of the levy.	116617

The notes shall be issued as provided in section 133.24 of	116618
the Revised Code, shall have principal payments during each year	116619
after the year of their issuance over a period not to exceed five	116620
years, and may have principal payment in the year of their	116621
issuance.	116622

Sec. 5705.196. The election provided for in section 5705.194	116623
of the Revised Code shall be held at the regular places for voting	116624
in the district, and shall be conducted, canvassed, and certified	116625
in the same manner as regular elections in the district for the	116626
election of county officers, provided that in any such election in	116627
which only part of the electors of a precinct are qualified to	116628
vote, the board of elections may assign voters in such part to an	116629
adjoining precinct. Such an assignment may be made to an adjoining	116630
precinct in another county with the consent and approval of the	116631
board of elections of such other county. Notice of the election	116632
shall be published in one ~~or more newspapers~~newspaper of general	116633
circulation in the district once a week for two consecutive weeks	116634
or as provided in section 7.16 of the Revised Code, prior to the	116635
election~~, and, if~~. If the board of elections operates and	116636
maintains a web site, the board of elections shall post notice of	116637
the election on its web site for thirty days prior to the	116638
election. Such notice shall state the annual proceeds of the	116639
proposed levy, the purpose for which such proceeds are to be used,	116640
the number of years during which the levy shall run, and the	116641
estimated average additional tax rate expressed in dollars and	116642
cents for each one hundred dollars of valuation as well as in	116643
mills for each one dollar of valuation, outside the limitation	116644
imposed by Section 2 of Article XII, Ohio Constitution, as	116645
certified by the county auditor.	116646

Sec. 5705.21. (A) At any time, the board of education of any	116647
city, local, exempted village, cooperative education, or joint	116648
vocational school district, by a vote of two-thirds of all its	116649
members, may declare by resolution that the amount of taxes which	116650
may be raised within the ten-mill limitation by levies on the	116651
current tax duplicate will be insufficient to provide an adequate	116652
amount for the necessary requirements of the school district, that	116653
it is necessary to levy a tax in excess of such limitation for one	116654
of the purposes specified in division (A), (D), (F), (H), or (DD)	116655
of section 5705.19 of the Revised Code, for general permanent	116656
improvements, for the purpose of operating a cultural center, or	116657
for the purpose of providing education technology, and that the	116658
question of such additional tax levy shall be submitted to the	116659
electors of the school district at a special election on a day to	116660
be specified in the resolution. If the resolution states that the	116661
levy is for the purpose of operating a cultural center, the ballot	116662
shall state that the levy is "for the purpose of operating the	116663
.......... (name of cultural center)."	116664

As used in this section, "cultural center" means a	116665
freestanding building, separate from a public school building,	116666
that is open to the public for educational, musical, artistic, and	116667
cultural purposes; "education technology" means, but is not	116668
limited to, computer hardware, equipment, materials, and	116669
accessories, equipment used for two-way audio or video, and	116670
software; and "general permanent improvements" means permanent	116671
improvements without regard to the limitation of division (F) of	116672
section 5705.19 of the Revised Code that the improvements be a	116673
specific improvement or a class of improvements that may be	116674
included in a single bond issue.	116675

The submission of questions to the electors under this	116676
section is subject to the limitation on the number of election	116677
dates established by section 5705.214 of the Revised Code.	116678

(B) Such resolution shall be confined to a single purpose	116679
and shall specify the amount of the increase in rate that it is	116680
necessary to levy, the purpose of the levy, and the number of	116681
years during which the increase in rate shall be in effect. The	116682
number of years may be any number not exceeding five or, if the	116683
levy is for current expenses of the district or for general	116684
permanent improvements, for a continuing period of time. The	116685
resolution shall specify the date of holding such election, which	116686
shall not be earlier than ninety days after the adoption and	116687
certification of the resolution and which shall be consistent with	116688
the requirements of section 3501.01 of the Revised Code.	116689

The resolution may propose to renew one or more existing	116690
levies imposed under this section or to increase or decrease a	116691
single levy imposed under this section. If the board of education	116692
imposes one or more existing levies for the purpose specified in	116693
division (F) of section 5705.19 of the Revised Code, the	116694
resolution may propose to renew one or more of those existing	116695
levies, or to increase or decrease a single such existing levy,	116696
for the purpose of general permanent improvements. If the	116697
resolution proposes to renew two or more existing levies, the	116698
levies shall be levied for the same purpose. The resolution shall	116699
identify those levies and the rates at which they are levied. The	116700
resolution also shall specify that the existing levies shall not	116701
be extended on the tax lists after the year preceding the year in	116702
which the renewal levy is first imposed, regardless of the years	116703
for which those levies originally were authorized to be levied.	116704

The resolution shall go into immediate effect upon its	116705
passage, and no publication of the resolution shall be necessary	116706
other than that provided for in the notice of election. A copy of	116707
the resolution shall immediately after its passing be certified to	116708
the board of elections of the proper county in the manner provided	116709
by section 5705.25 of the Revised Code, and that section shall	116710
govern the arrangements for the submission of such question and	116711
other matters concerning such election, to which that section	116712
refers, except that such election shall be held on the date	116713
specified in the resolution. Publication of notice of that	116714
election shall be made in ~~one or more newspapers~~a newspaper of	116715
general circulation in the county once a week for two consecutive	116716
weeks, or as provided in section 7.16 of the Revised Code, prior	116717
to the election~~, and, if~~. If the board of elections operates and	116718
maintains a web site, the board of elections shall post notice of	116719
the election on its web site for thirty days prior to the	116720
election. If a majority of the electors voting on the question so	116721
submitted in an election vote in favor of the levy, the board of	116722
education may make the necessary levy within the school district	116723
at the additional rate, or at any lesser rate in excess of the	116724
ten-mill limitation on the tax list, for the purpose stated in the	116725
resolution. A levy for a continuing period of time may be reduced	116726
pursuant to section 5705.261 of the Revised Code. The tax levy	116727
shall be included in the next tax budget that is certified to the	116728
county budget commission.	116729

(C)(1) After the approval of a levy on the current tax list	116730
and duplicate for current expenses, for recreational purposes, for	116731
community centers provided for in section 755.16 of the Revised	116732
Code, or for a public library of the district and prior to the	116733
time when the first tax collection from the levy can be made, the	116734
board of education may anticipate a fraction of the proceeds of	116735
the levy and issue anticipation notes in a principal amount not	116736
exceeding fifty per cent of the total estimated proceeds of the	116737
levy to be collected during the first year of the levy.	116738

(2) After the approval of a levy for general permanent	116739
improvements for a specified number of years, or for permanent	116740
improvements having the purpose specified in division (F) of	116741
section 5705.19 of the Revised Code, the board of education may	116742
anticipate a fraction of the proceeds of the levy and issue	116743
anticipation notes in a principal amount not exceeding fifty per	116744
cent of the total estimated proceeds of the levy remaining to be	116745
collected in each year over a period of five years after the	116746
issuance of the notes.	116747

The notes shall be issued as provided in section 133.24 of	116748
the Revised Code, shall have principal payments during each year	116749
after the year of their issuance over a period not to exceed five	116750
years, and may have a principal payment in the year of their	116751
issuance.	116752

(3) After approval of a levy for general permanent	116753
improvements for a continuing period of time, the board of	116754
education may anticipate a fraction of the proceeds of the levy	116755
and issue anticipation notes in a principal amount not exceeding	116756
fifty per cent of the total estimated proceeds of the levy to be	116757
collected in each year over a specified period of years, not	116758
exceeding ten, after the issuance of the notes.	116759

The notes shall be issued as provided in section 133.24 of	116760
the Revised Code, shall have principal payments during each year	116761
after the year of their issuance over a period not to exceed ten	116762
years, and may have a principal payment in the year of their	116763
issuance.	116764

Sec. 5705.211. (A) As used in this section:

116765

(1) "Adjusted charge-off increase" for a tax year means two	116766
and two-tenths per cent of the cumulative carryover property value	116767
increase. ~~If the cumulative carryover property value increase is~~	116768
~~computed on the basis of a school district's recognized valuation~~	116769
~~for a fiscal year before fiscal year 2014, the adjusted charge-off~~	116770
~~increase shall be adjusted to account for the greater charge-off~~	116771
~~rates prescribed for such fiscal years under sections 3317.022 and~~	116772
~~3306.13 of the Revised Code.~~	116773

(2) "Cumulative carryover property value increase" means the	116774
sum of the increases in carryover value certified under division	116775
(B)(2) of section 3317.015 of the Revised Code and included in a	116776
school district's total taxable value in the computation of	116777
recognized valuation under division (B) of that section for all	116778
fiscal years from the fiscal year that ends in the first tax year	116779
a levy under this section is extended on the tax list of real and	116780
public utility property until and including the fiscal year that	116781
ends in the current tax year.	116782

(3) "Taxes charged and payable" means the taxes charged and	116783
payable from a tax levy extended on the real and public utility	116784
property tax list and the general list of personal property before	116785
any reduction under section 319.302, 323.152, or 323.158 of the	116786
Revised Code.	116787

(B) The board of education of a city, local, or exempted	116788
village school district may adopt a resolution proposing the levy	116789
of a tax in excess of the ten-mill limitation for the purpose of	116790
paying the current operating expenses of the district. If the	116791
resolution is approved as provided in division (D) of this	116792
section, the tax may be levied at such a rate each tax year that	116793
the total taxes charged and payable from the levy equals the	116794
adjusted charge-off increase for the tax year or equals a lesser	116795
amount as prescribed under division (C) of this section. The tax	116796
may be levied for a continuing period of time or for a specific	116797
number of years, but not fewer than five years, as provided in the	116798
resolution. The tax may not be placed on the tax list for a tax	116799
year beginning before the first day of January following adoption	116800
of the resolution. A board of education may not adopt a resolution	116801
under this section proposing to levy a tax under this section	116802
concurrently with any other tax levied by the board under this	116803
section.	116804

(C) After the first year a tax is levied under this section,	116805
the rate of the tax in any year shall not exceed the rate,	116806
estimated by the county auditor, that would cause the sums levied	116807
from the tax against carryover property to exceed one hundred four	116808
per cent of the sums levied from the tax against carryover	116809
property in the preceding year. A board of education imposing a	116810
tax under this section may specify in the resolution imposing the	116811
tax that the percentage shall be less than one hundred four per	116812
cent, but the percentage shall not be less than one hundred per	116813
cent. At any time after a resolution adopted under this section is	116814
approved by a majority of electors as provided in division (D) of	116815
this section, the board of education, by resolution, may decrease	116816
the percentage specified in the resolution levying the tax.	116817

(D) A resolution adopted under this section shall state that	116818
the purpose of the tax is to pay current operating expenses of the	116819
district, and shall specify the first year in which the tax is to	116820
be levied, the number of years the tax will be levied or that it	116821
will be levied for a continuing period of time, and the election	116822
at which the question of the tax is to appear on the ballot, which	116823
shall be a general or special election consistent with the	116824
requirements of section 3501.01 of the Revised Code. If the board	116825
of education specifies a percentage less than one hundred four per	116826
cent pursuant to division (C) of this section, the percentage	116827
shall be specified in the resolution.	116828

Upon adoption of the resolution, the board of education may	116829
certify a copy of the resolution to the proper county board of	116830
elections. The copy of the resolution shall be certified to the	116831
board of elections not later than ninety days before the day of	116832
the election at which the question of the tax is to appear on the	116833
ballot. Upon receiving a timely certified copy of such a	116834
resolution, the board of elections shall make the necessary	116835
arrangements for the submission of the question to the electors of	116836
the school district, and the election shall be conducted,	116837
canvassed, and certified in the same manner as regular elections	116838
in the school district for the election of members of the board of	116839
education. Notice of the election shall be published in ~~one or~~	116840
~~more newspapers~~a newspaper of general circulation in the school	116841
district once per week for four consecutive weeks or as provided	116842
in section 7.16 of the Revised Code. The notice shall state that	116843
the purpose of the tax is for the current operating expenses of	116844
the school district, the first year the tax is to be levied, the	116845
number of years the tax is to be levied or that it is to be levied	116846
for a continuing period of time, that the tax is to be levied each	116847
year in an amount estimated to offset decreases in state base cost	116848
funding caused by appreciation in real estate values, and that the	116849
estimated additional tax in any year shall not exceed the previous	116850
year's by more than four per cent, or a lesser percentage	116851
specified in the resolution levying the tax, except for increases	116852
caused by the addition of new taxable property.	116853

The question shall be submitted as a separate proposition but	116854
may be printed on the same ballot with any other proposition	116855
submitted at the same election other than the election of	116856
officers.	116857

The form of the ballot shall be substantially as follows:

116858

"An additional tax for the benefit of (name of school	116859
district) for the purpose of paying the current operating expenses	116860
of the district, for .......... (number of years or for continuing	116861
period of time), at a rate sufficient to offset any reduction in	116862
basic state funding caused by appreciation in real estate values?	116863
This levy will permit variable annual growth in revenue up to	116864
.......... (amount specified by school district) per cent for the	116865
duration of the levy.	116866

116867

		For the tax levy			116868
		Against the tax levy	"		116869

116870

If a majority of the electors of the school district voting	116871
on the question vote in favor of the question, the board of	116872
elections shall certify the results of the election to the board	116873
of education and to the tax commissioner immediately after the	116874
canvass.	116875

(E) When preparing any estimate of the contemplated receipts	116876
from a tax levied pursuant to this section for the purposes of	116877
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	116878
to certify the tax under section 5705.34 of the Revised Code, a	116879
board of education authorized to levy such a tax shall use	116880
information supplied by the department of education to determine	116881
the adjusted charge-off increase for the tax year for which that	116882
certification is made. If the board levied a tax under this	116883
section in the preceding tax year, the sum to be certified for	116884
collection from the tax shall not exceed the sum that would exceed	116885
the limitation imposed under division (C) of this section. At the	116886
request of the board of education or the treasurer of the school	116887
district, the county auditor shall assist the board of education	116888
in determining the rate or sum that may be levied under this	116889
section.	116890

The board of education shall certify the sum authorized to be	116891
levied to the county auditor, and, for the purpose of the county	116892
auditor determining the rate at which the tax is to be levied in	116893
the tax year, the sum so certified shall be the sum to be raised	116894
by the tax unless the sum exceeds the limitation imposed by	116895
division (C) of this section. A tax levied pursuant to this	116896
section shall not be levied at a rate in excess of the rate	116897
estimated by the county auditor to produce the sum certified by	116898
the board of education before the reductions under sections	116899
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	116900
section 5705.34 of the Revised Code, a board of education	116901
authorized to levy a tax under this section shall certify the tax	116902
to the county auditor before the first day of October of the tax	116903
year in which the tax is to be levied, or at a later date as	116904
approved by the tax commissioner.	116905

Sec. 5705.214. Not more than three elections during any	116906
calendar year shall include the questions by a school district of	116907
tax levies proposed under any one or any combination of the	116908
following sections: sections 5705.194, 5705.199, 5705.21,	116909
5705.212, 5705.213, 5705.217, 5705.218, ~~and~~ 5705.219, and 5748.09	116910
of the Revised Code.	116911

Sec. 5705.218. (A) The board of education of a city, local,	116912
or exempted village school district, at any time by a vote of	116913
two-thirds of all its members, may declare by resolution that it	116914
may be necessary for the school district to issue general	116915
obligation bonds for permanent improvements. The resolution shall	116916
state all of the following:	116917

(1) The necessity and purpose of the bond issue;

116918

(2) The date of the special election at which the question	116919
shall be submitted to the electors;	116920

(3) The amount, approximate date, estimated rate of interest,	116921
and maximum number of years over which the principal of the bonds	116922
may be paid;	116923

(4) The necessity of levying a tax outside the ten-mill	116924
limitation to pay debt charges on the bonds and any anticipatory	116925
securities.	116926

On adoption of the resolution, the board shall certify a copy	116927
of it to the county auditor. The county auditor promptly shall	116928
estimate and certify to the board the average annual property tax	116929
rate required throughout the stated maturity of the bonds to pay	116930
debt charges on the bonds, in the same manner as under division	116931
(C) of section 133.18 of the Revised Code.	116932

(B) After receiving the county auditor's certification under	116933
division (A) of this section, the board of education of the city,	116934
local, or exempted village school district, by a vote of	116935
two-thirds of all its members, may declare by resolution that the	116936
amount of taxes that can be raised within the ten-mill limitation	116937
will be insufficient to provide an adequate amount for the present	116938
and future requirements of the school district; that it is	116939
necessary to issue general obligation bonds of the school district	116940
for permanent improvements and to levy an additional tax in excess	116941
of the ten-mill limitation to pay debt charges on the bonds and	116942
any anticipatory securities; that it is necessary for a specified	116943
number of years or for a continuing period of time to levy	116944
additional taxes in excess of the ten-mill limitation to provide	116945
funds for the acquisition, construction, enlargement, renovation,	116946
and financing of permanent improvements or to pay for current	116947
operating expenses, or both; and that the question of the bonds	116948
and taxes shall be submitted to the electors of the school	116949
district at a special election, which shall not be earlier than	116950
ninety days after certification of the resolution to the board of	116951
elections, and the date of which shall be consistent with section	116952
3501.01 of the Revised Code. The resolution shall specify all of	116953
the following:	116954

(1) The county auditor's estimate of the average annual	116955
property tax rate required throughout the stated maturity of the	116956
bonds to pay debt charges on the bonds;	116957

(2) The proposed rate of the tax, if any, for current	116958
operating expenses, the first year the tax will be levied, and the	116959
number of years it will be levied, or that it will be levied for a	116960
continuing period of time;	116961

(3) The proposed rate of the tax, if any, for permanent	116962
improvements, the first year the tax will be levied, and the	116963
number of years it will be levied, or that it will be levied for a	116964
continuing period of time.	116965

The resolution shall apportion the annual rate of the tax	116966
between current operating expenses and permanent improvements, if	116967
both taxes are proposed. The apportionment may but need not be the	116968
same for each year of the tax, but the respective portions of the	116969
rate actually levied each year for current operating expenses and	116970
permanent improvements shall be limited by the apportionment. The	116971
resolution shall go into immediate effect upon its passage, and no	116972
publication of it is necessary other than that provided in the	116973
notice of election. The board of education shall certify a copy of	116974
the resolution, along with copies of the auditor's estimate and	116975
its resolution under division (A) of this section, to the board of	116976
elections immediately after its adoption.	116977

(C) The board of elections shall make the arrangements for	116978
the submission of the question to the electors of the school	116979
district, and the election shall be conducted, canvassed, and	116980
certified in the same manner as regular elections in the district	116981
for the election of county officers. The resolution shall be put	116982
before the electors as one ballot question, with a favorable vote	116983
indicating approval of the bond issue, the levy to pay debt	116984
charges on the bonds and any anticipatory securities, the current	116985
operating expenses levy, and the permanent improvements levy, if	116986
either or both levies are proposed. The board of elections shall	116987
publish notice of the election in ~~one or more newspapers~~a	116988
newspaper of general circulation in the school district once a	116989
week for two consecutive weeks, or as provided in section 7.16 of	116990
the Revised Code, prior to the election~~, and, if~~. If a board of	116991
elections operates and maintains a web site, that board also shall	116992
post notice of the election on its web site for thirty days prior	116993
to the election. The notice of election shall state all of the	116994
following:	116995

(1) The principal amount of the proposed bond issue;

116996

(2) The permanent improvements for which the bonds are to be	116997
issued;	116998

(3) The maximum number of years over which the principal of	116999
the bonds may be paid;	117000

(4) The estimated additional average annual property tax rate	117001
to pay the debt charges on the bonds, as certified by the county	117002
auditor;	117003

(5) The proposed rate of the additional tax, if any, for	117004
current operating expenses;	117005

(6) The number of years the current operating expenses tax	117006
will be in effect, or that it will be in effect for a continuing	117007
period of time;	117008

(7) The proposed rate of the additional tax, if any, for	117009
permanent improvements;	117010

(8) The number of years the permanent improvements tax will	117011
be in effect, or that it will be in effect for a continuing period	117012
of time;	117013

(9) The time and place of the special election.

117014

(D) The form of the ballot for an election under this section	117015
is as follows:	117016

"Shall the .......... school district be authorized to do the	117017
following:	117018

(1) Issue bonds for the purpose of .......... in the	117019
principal amount of $......, to be repaid annually over a maximum	117020
period of ...... years, and levy a property tax outside the	117021
ten-mill limitation, estimated by the county auditor to average	117022
over the bond repayment period ...... mills for each one dollar of	117023
tax valuation, which amounts to ...... (rate expressed in cents or	117024
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	117025
tax valuation, to pay the annual debt charges on the bonds, and to	117026
pay debt charges on any notes issued in anticipation of those	117027
bonds?"	117028

If either a levy for permanent improvements or a levy for	117029
current operating expenses is proposed, or both are proposed, the	117030
ballot also shall contain the following language, as appropriate:	117031

"(2) Levy an additional property tax to provide funds for the	117032
acquisition, construction, enlargement, renovation, and financing	117033
of permanent improvements at a rate not exceeding ....... mills	117034
for each one dollar of tax valuation, which amounts to .......	117035
(rate expressed in cents or dollars and cents) for each $100 of	117036
tax valuation, for ...... (number of years of the levy, or a	117037
continuing period of time)?	117038

(3) Levy an additional property tax to pay current operating	117039
expenses at a rate not exceeding ....... mills for each one dollar	117040
of tax valuation, which amounts to ....... (rate expressed in	117041
cents or dollars and cents) for each $100 of tax valuation, for	117042
....... (number of years of the levy, or a continuing period of	117043
time)?	117044

117045

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			117046
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		117047

117048

(E) The board of elections promptly shall certify the results	117049
of the election to the tax commissioner and the county auditor of	117050
the county in which the school district is located. If a majority	117051
of the electors voting on the question vote for it, the board of	117052
education may proceed with issuance of the bonds and with the levy	117053
and collection of the property tax or taxes at the additional rate	117054
or any lesser rate in excess of the ten-mill limitation. Any	117055
securities issued by the board of education under this section are	117056
Chapter 133. securities, as that term is defined in section 133.01	117057
of the Revised Code.	117058

(F)(1) After the approval of a tax for current operating	117059
expenses under this section and prior to the time the first	117060
collection and distribution from the levy can be made, the board	117061
of education may anticipate a fraction of the proceeds of such	117062
levy and issue anticipation notes in a principal amount not	117063
exceeding fifty per cent of the total estimated proceeds of the	117064
tax to be collected during the first year of the levy.	117065

(2) After the approval of a tax under this section for	117066
permanent improvements having a specific purpose, the board of	117067
education may anticipate a fraction of the proceeds of such tax	117068
and issue anticipation notes in a principal amount not exceeding	117069
fifty per cent of the total estimated proceeds of the tax	117070
remaining to be collected in each year over a period of five years	117071
after issuance of the notes.	117072

(3) After the approval of a tax for general, on-going	117073
permanent improvements under this section, the board of education	117074
may anticipate a fraction of the proceeds of such tax and issue	117075
anticipation notes in a principal amount not exceeding fifty per	117076
cent of the total estimated proceeds of the tax to be collected in	117077
each year over a specified period of years, not exceeding ten,	117078
after issuance of the notes.	117079

Anticipation notes under this section shall be issued as	117080
provided in section 133.24 of the Revised Code. Notes issued under	117081
division (F)(1) or (2) of this section shall have principal	117082
payments during each year after the year of their issuance over a	117083
period not to exceed five years, and may have a principal payment	117084
in the year of their issuance. Notes issued under division (F)(3)	117085
of this section shall have principal payments during each year	117086
after the year of their issuance over a period not to exceed ten	117087
years, and may have a principal payment in the year of their	117088
issuance.	117089

(G) A tax for current operating expenses or for permanent	117090
improvements levied under this section for a specified number of	117091
years may be renewed or replaced in the same manner as a tax for	117092
current operating expenses or for permanent improvements levied	117093
under section 5705.21 of the Revised Code. A tax for current	117094
operating expenses or for permanent improvements levied under this	117095
section for a continuing period of time may be decreased in	117096
accordance with section 5705.261 of the Revised Code.	117097

(H) The submission of a question to the electors under this	117098
section is subject to the limitation on the number of elections	117099
that can be held in a year under section 5705.214 of the Revised	117100
Code.	117101

(I) A school district board of education proposing a ballot	117102
measure under this section to generate local resources for a	117103
project under the school building assistance expedited local	117104
partnership program under section 3318.36 of the Revised Code may	117105
combine the questions under division (D) of this section with a	117106
question for the levy of a property tax to generate moneys for	117107
maintenance of the classroom facilities acquired under that	117108
project as prescribed in section 3318.361 of the Revised Code.	117109

Sec. 5705.25. (A) A copy of any resolution adopted as	117110
provided in section 5705.19 or 5705.2111 of the Revised Code shall	117111
be certified by the taxing authority to the board of elections of	117112
the proper county not less than ninety days before the general	117113
election in any year, and the board shall submit the proposal to	117114
the electors of the subdivision at the succeeding November	117115
election. Except as otherwise provided in this division, a	117116
resolution to renew an existing levy, regardless of the section of	117117
the Revised Code under which the tax was imposed, shall not be	117118
placed on the ballot unless the question is submitted at the	117119
general election held during the last year the tax to be renewed	117120
or replaced may be extended on the real and public utility	117121
property tax list and duplicate, or at any election held in the	117122
ensuing year. The limitation of the foregoing sentence does not	117123
apply to a resolution to renew and increase or to renew part of an	117124
existing levy that was imposed under section 5705.191 of the	117125
Revised Code to supplement the general fund for the purpose of	117126
making appropriations for one or more of the following purposes:	117127
for public assistance, human or social services, relief, welfare,	117128
hospitalization, health, and support of general hospitals. The	117129
limitation of the second preceding sentence also does not apply to	117130
a resolution that proposes to renew two or more existing levies	117131
imposed under section 5705.21 of the Revised Code, in which case	117132
the question shall be submitted on the date of the general or	117133
primary election held during the last year at least one of the	117134
levies to be renewed may be extended on the real and public	117135
utility property tax list and duplicate, or at any election held	117136
during the ensuing year. For purposes of this section, a levy	117137
shall be considered to be an "existing levy" through the year	117138
following the last year it can be placed on that tax list and	117139
duplicate.	117140

The board shall make the necessary arrangements for the	117141
submission of such questions to the electors of such subdivision,	117142
and the election shall be conducted, canvassed, and certified in	117143
the same manner as regular elections in such subdivision for the	117144
election of county officers. Notice of the election shall be	117145
published in a newspaper of general circulation in the subdivision	117146
once a week for two consecutive weeks, or as provided in section	117147
7.16 of the Revised Code, prior to the election~~, and, if~~. If the	117148
board of elections operates and maintains a web site, the board of	117149
elections shall post notice of the election on its web site for	117150
thirty days prior to the election. The notice shall state the	117151
purpose, the proposed increase in rate expressed in dollars and	117152
cents for each one hundred dollars of valuation as well as in	117153
mills for each one dollar of valuation, the number of years during	117154
which the increase will be in effect, the first month and year in	117155
which the tax will be levied, and the time and place of the	117156
election.	117157

(B) The form of the ballots cast at an election held pursuant	117158
to division (A) of this section shall be as follows:	117159

"An additional tax for the benefit of (name of subdivision or	117160
public library) .......... for the purpose of (purpose stated in	117161
the resolution) .......... at a rate not exceeding ...... mills	117162
for each one dollar of valuation, which amounts to (rate expressed	117163
in dollars and cents) ............ for each one hundred dollars of	117164
valuation, for ...... (life of indebtedness or number of years the	117165
levy is to run).	117166

117167

		For the Tax Levy			117168
		Against the Tax Levy	"		117169

117170

(C) If the levy is to be in effect for a continuing period of	117171
time, the notice of election and the form of ballot shall so state	117172
instead of setting forth a specified number of years for the levy.	117173

If the tax is to be placed on the current tax list, the form	117174
of the ballot shall be modified by adding, after the statement of	117175
the number of years the levy is to run, the phrase ", commencing	117176
in .......... (first year the tax is to be levied), first due in	117177
calendar year .......... (first calendar year in which the tax	117178
shall be due)."	117179

If the levy submitted is a proposal to renew, increase, or	117180
decrease an existing levy, the form of the ballot specified in	117181
division (B) of this section may be changed by substituting for	117182
the words "An additional" at the beginning of the form, the words	117183
"A renewal of a" in case of a proposal to renew an existing levy	117184
in the same amount; the words "A renewal of ........ mills and an	117185
increase of ...... mills to constitute a" in the case of an	117186
increase; or the words "A renewal of part of an existing levy,	117187
being a reduction of ...... mills, to constitute a" in the case of	117188
a decrease in the proposed levy.	117189

If the levy submitted is a proposal to renew two or more	117190
existing levies imposed under section 5705.21 of the Revised Code,	117191
the form of the ballot specified in division (B) of this section	117192
shall be modified by substituting for the words "an additional	117193
tax" the words "a renewal of ....(insert the number of levies to	117194
be renewed) existing taxes."	117195

The question covered by such resolution shall be submitted as	117196
a separate proposition but may be printed on the same ballot with	117197
any other proposition submitted at the same election, other than	117198
the election of officers. More than one such question may be	117199
submitted at the same election.	117200

(D) A levy voted in excess of the ten-mill limitation under	117201
this section shall be certified to the tax commissioner. In the	117202
first year of the levy, it shall be extended on the tax lists	117203
after the February settlement succeeding the election. If the	117204
additional tax is to be placed upon the tax list of the current	117205
year, as specified in the resolution providing for its submission,	117206
the result of the election shall be certified immediately after	117207
the canvass by the board of elections to the taxing authority, who	117208
shall make the necessary levy and certify it to the county	117209
auditor, who shall extend it on the tax lists for collection.	117210
After the first year, the tax levy shall be included in the annual	117211
tax budget that is certified to the county budget commission.	117212

Sec. 5705.251. (A) A copy of a resolution adopted under	117213
section 5705.212 or 5705.213 of the Revised Code shall be	117214
certified by the board of education to the board of elections of	117215
the proper county not less than ninety days before the date of the	117216
election specified in the resolution, and the board of elections	117217
shall submit the proposal to the electors of the school district	117218
at a special election to be held on that date. The board of	117219
elections shall make the necessary arrangements for the submission	117220
of the question or questions to the electors of the school	117221
district, and the election shall be conducted, canvassed, and	117222
certified in the same manner as regular elections in the school	117223
district for the election of county officers. Notice of the	117224
election shall be published in a newspaper of general circulation	117225
in the subdivision once a week for two consecutive weeks, or as	117226
provided in section 7.16 of the Revised Code, prior to the	117227
election~~, and, if~~. If the board of elections operates and	117228
maintains a web site, the board of elections shall post notice of	117229
the election on its web site for thirty days prior to the	117230
election.	117231

(1) In the case of a resolution adopted under section	117232
5705.212 of the Revised Code, the notice shall state separately,	117233
for each tax being proposed, the purpose; the proposed increase in	117234
rate, expressed in dollars and cents for each one hundred dollars	117235
of valuation as well as in mills for each one dollar of valuation;	117236
the number of years during which the increase will be in effect;	117237
and the first calendar year in which the tax will be due. For an	117238
election on the question of a renewal levy, the notice shall state	117239
the purpose; the proposed rate, expressed in dollars and cents for	117240
each one hundred dollars of valuation as well as in mills for each	117241
one dollar of valuation; and the number of years the tax will be	117242
in effect.	117243

(2) In the case of a resolution adopted under section	117244
5705.213 of the Revised Code, the notice shall state the purpose;	117245
the amount proposed to be raised by the tax in the first year it	117246
is levied; the estimated average additional tax rate for the first	117247
year it is proposed to be levied, expressed in mills for each one	117248
dollar of valuation and in dollars and cents for each one hundred	117249
dollars of valuation; the number of years during which the	117250
increase will be in effect; and the first calendar year in which	117251
the tax will be due. The notice also shall state the amount by	117252
which the amount to be raised by the tax may be increased in each	117253
year after the first year. The amount of the allowable increase	117254
may be expressed in terms of a dollar increase over, or a	117255
percentage of, the amount raised by the tax in the immediately	117256
preceding year. For an election on the question of a renewal levy,	117257
the notice shall state the purpose; the amount proposed to be	117258
raised by the tax; the estimated tax rate, expressed in mills for	117259
each one dollar of valuation and in dollars and cents for each one	117260
hundred dollars of valuation; and the number of years the tax will	117261
be in effect.	117262

In any case, the notice also shall state the time and place	117263
of the election.	117264

(B) The form of the ballot in an election on taxes proposed	117265
under section 5705.212 of the Revised Code shall be as follows:	117266

"Shall the .......... school district be authorized to levy	117267
taxes for current expenses, the aggregate rate of which may	117268
increase in ...... (number) increment(s) of not more than ......	117269
mill(s) for each dollar of valuation, from an original rate of	117270
...... mill(s) for each dollar of valuation, which amounts to	117271
...... (rate expressed in dollars and cents) for each one hundred	117272
dollars of valuation, to a maximum rate of ...... mill(s) for each	117273
dollar of valuation, which amounts to ...... (rate expressed in	117274
dollars and cents) for each one hundred dollars of valuation? The	117275
original tax is first proposed to be levied in ...... (the first	117276
year of the tax), and the incremental tax in ...... (the first	117277
year of the increment) (if more than one incremental tax is	117278
proposed in the resolution, the first year that each incremental	117279
tax is proposed to be levied shall be stated in the preceding	117280
format, and the increments shall be referred to as the first,	117281
second, third, or fourth increment, depending on their number).	117282
The aggregate rate of tax so authorized will .......... (insert	117283
either, "expire with the original rate of tax which shall be in	117284
effect for ...... years" or "be in effect for a continuing period	117285
of time").	117286

117287

		FOR THE TAX LEVIES			117288
		AGAINST THE TAX LEVIES	"		117289

117290

The form of the ballot in an election on the question of a	117291
renewal levy under section 5705.212 of the Revised Code shall be	117292
as follows:	117293

"Shall the ......... school district be authorized to renew a	117294
tax for current expenses at a rate not exceeding ......... mills	117295
for each dollar of valuation, which amounts to ......... (rate	117296
expressed in dollars and cents) for each one hundred dollars of	117297
valuation, for .......... (number of years the levy shall be in	117298
effect, or a continuing period of time)?	117299

117300

		FOR THE TAX LEVY			117301
		AGAINST THE TAX LEVY	"		117302

117303

If the tax is to be placed on the current tax list, the form	117304
of the ballot shall be modified by adding, after the statement of	117305
the number of years the levy is to be in effect, the phrase ",	117306
commencing in .......... (first year the tax is to be levied),	117307
first due in calendar year .......... (first calendar year in	117308
which the tax shall be due)."	117309

(C) The form of the ballot in an election on a tax proposed	117310
under section 5705.213 of the Revised Code shall be as follows:	117311

"Shall the ........ school district be authorized to levy the	117312
following tax for current expenses? The tax will first be levied	117313
in ...... (year) to raise ...... (dollars). In the ...... (number	117314
of years) following years, the tax will increase by not more than	117315
...... (per cent or dollar amount of increase) each year, so that,	117316
during ...... (last year of the tax), the tax will raise	117317
approximately ...... (dollars). The county auditor estimates that	117318
the rate of the tax per dollar of valuation will be ......	117319
mill(s), which amounts to $..... per one hundred dollars of	117320
valuation, both during ...... (first year of the tax) and ......	117321
mill(s), which amounts to $...... per one hundred dollars of	117322
valuation, during ...... (last year of the tax). The tax will not	117323
be levied after ...... (year).	117324

117325

		FOR THE TAX LEVY			117326
		AGAINST THE TAX LEVY	"		117327

117328

The form of the ballot in an election on the question of a	117329
renewal levy under section 5705.213 of the Revised Code shall be	117330
as follows:	117331

"Shall the ......... school district be authorized to renew a	117332
tax for current expenses which will raise ......... (dollars),	117333
estimated by the county auditor to be ......... mills for each	117334
dollar of valuation, which amounts to ......... (rate expressed in	117335
dollars and cents) for each one hundred dollars of valuation? The	117336
tax shall be in effect for ......... (the number of years the levy	117337
shall be in effect, or a continuing period of time).	117338

117339

		FOR THE TAX LEVY			117340
		AGAINST THE TAX LEVY	"		117341

117342

If the tax is to be placed on the current tax list, the form	117343
of the ballot shall be modified by adding, after the statement of	117344
the number of years the levy is to be in effect, the phrase ",	117345
commencing in .......... (first year the tax is to be levied),	117346
first due in calendar year .......... (first calendar year in	117347
which the tax shall be due)."	117348

(D) The question covered by a resolution adopted under	117349
section 5705.212 or 5705.213 of the Revised Code shall be	117350
submitted as a separate question, but may be printed on the same	117351
ballot with any other question submitted at the same election,	117352
other than the election of officers. More than one question may be	117353
submitted at the same election.	117354

(E) Taxes voted in excess of the ten-mill limitation under	117355
division (B) or (C) of this section shall be certified to the tax	117356
commissioner. If an additional tax is to be placed upon the tax	117357
list of the current year, as specified in the resolution providing	117358
for its submission, the result of the election shall be certified	117359
immediately after the canvass by the board of elections to the	117360
board of education. The board of education immediately shall make	117361
the necessary levy and certify it to the county auditor, who shall	117362
extend it on the tax list for collection. After the first year,	117363
the levy shall be included in the annual tax budget that is	117364
certified to the county budget commission.	117365

Sec. 5705.261. The question of decrease of an increased rate	117366
of levy approved for a continuing period of time by the voters of	117367
a subdivision may be initiated by the filing of a petition with	117368
the board of elections of the proper county not less than ninety	117369
days before the general election in any year requesting that an	117370
election be held on such question. Such petition shall state the	117371
amount of the proposed decrease in the rate of levy and shall be	117372
signed by qualified electors residing in the subdivision equal in	117373
number to at least ten per cent of the total number of votes cast	117374
in the subdivision for the office of governor at the most recent	117375
general election for that office. Only one such petition may be	117376
filed during each five-year period following the election at which	117377
the voters approved the increased rate for a continuing period of	117378
time.	117379

After determination by it that such petition is valid, the	117380
board of elections shall submit the question to the electors of	117381
the district at the succeeding general election. The election	117382
shall be conducted, canvassed, and certified in the same manner as	117383
regular elections in such subdivision for county offices. Notice	117384
of the election shall be published in a newspaper of general	117385
circulation in the district once a week for two consecutive weeks,	117386
or as provided in section 7.16 of the Revised Code, prior to the	117387
election~~, and, if~~. If the board of elections operates and	117388
maintains a web site, the board of elections shall post notice of	117389
the election on its web site for thirty days prior to the	117390
election. The notice shall state the purpose, the amount of the	117391
proposed decrease in rate, and the time and place of the election.	117392
The form of the ballot cast at such election shall be prescribed	117393
by the secretary of state. The question covered by such petition	117394
shall be submitted as a separate proposition but it may be printed	117395
on the same ballot with any other propositions submitted at the	117396
same election other than the election of officers. If a majority	117397
of the qualified electors voting on the question of a decrease at	117398
such election approve the proposed decrease in rate, the result of	117399
the election shall be certified immediately after the canvass by	117400
the board of elections to the subdivision's taxing authority,	117401
which shall thereupon, after the current year, cease to levy such	117402
increased rate or levy such tax at such reduced rate upon the	117403
duplicate of the subdivision. If notes have been issued in	117404
anticipation of the collection of such levy, the taxing authority	117405
shall continue to levy and collect under authority of the election	117406
authorizing the original levy such amounts as will be sufficient	117407
to pay the principal of and interest on such anticipation notes as	117408
the same fall due.	117409

Sec. 5705.29. This section does not apply to a subdivision or	117410
taxing unit for which the county budget commission has waived the	117411
requirement to adopt a tax budget pursuant to section 5705.281 of	117412
the Revised Code. The tax budget shall present the following	117413
information in such detail as is prescribed by the auditor of	117414
state:	117415

(A)(1) A statement of the necessary current operating	117416
expenses for the ensuing fiscal year for each department and	117417
division of the subdivision, classified as to personal services	117418
and other expenses, and the fund from which such expenditures are	117419
to be made. Except in the case of a school district, this estimate	117420
may include a contingent expense not designated for any particular	117421
purpose, and not to exceed three per cent of the total amount of	117422
appropriations for current expenses. In the case of a school	117423
district, this estimate may include a contingent expense not	117424
designated for any particular purpose and not to exceed thirteen	117425
per cent of the total amount of appropriations for current	117426
expenses.	117427

(2) A statement of the expenditures for the ensuing fiscal	117428
year necessary for permanent improvements, exclusive of any	117429
expense to be paid from bond issues, classified as to the	117430
improvements contemplated by the subdivision and the fund from	117431
which such expenditures are to be made;	117432

(3) The amounts required for the payment of final judgments;

117433

(4) A statement of expenditures for the ensuing fiscal year	117434
necessary for any purpose for which a special levy is authorized,	117435
and the fund from which such expenditures are to be made;	117436

(5) Comparative statements, so far as possible, in parallel	117437
columns of corresponding items of expenditures for the current	117438
fiscal year and the two preceding fiscal years.	117439

(B)(1) An estimate of receipts from other sources than the	117440
general property tax during the ensuing fiscal year, which shall	117441
include an estimate of unencumbered balances at the end of the	117442
current fiscal year, and the funds to which such estimated	117443
receipts are credited;	117444

(2) The amount each fund requires from the general property	117445
tax, which shall be the difference between the contemplated	117446
expenditure from the fund and the estimated receipts, as provided	117447
in this section. The section of the Revised Code under which the	117448
tax is authorized shall be set forth.	117449

(3) Comparative statements, so far as possible, in parallel	117450
columns of taxes and other revenues for the current fiscal year	117451
and the two preceding fiscal years.	117452

(C)(1) The amount required for debt charges;

117453

(2) The estimated receipts from sources other than the tax	117454
levy for payment of such debt charges, including the proceeds of	117455
refunding bonds to be issued to refund bonds maturing in the next	117456
succeeding fiscal year;	117457

(3) The net amount for which a tax levy shall be made,	117458
classified as to bonds authorized and issued prior to January 1,	117459
1922, and those authorized and issued subsequent to such date, and	117460
as to what portion of the levy will be within and what in excess	117461
of the ten-mill limitation.	117462

(D) An estimate of amounts from taxes authorized to be levied	117463
in excess of the ten-mill limitation on the tax rate, and the fund	117464
to which such amounts will be credited, together with the sections	117465
of the Revised Code under which each such tax is exempted from all	117466
limitations on the tax rate.	117467

(E)(1) A board of education may include in its budget for the	117468
fiscal year in which a levy proposed under section 5705.194,	117469
5705.199, 5705.21, 5705.213, or 5705.219, a property tax levy	117470
proposed under section 5748.09, or the original levy under section	117471
5705.212 of the Revised Code is first extended on the tax list and	117472
duplicate an estimate of expenditures to be known as a voluntary	117473
contingency reserve balance, which shall not be greater than	117474
twenty-five per cent of the total amount of the levy estimated to	117475
be available for appropriation in such year.	117476

(2) A board of education may include in its budget for the	117477
fiscal year following the year in which a levy proposed under	117478
section 5705.194, 5705.199, 5705.21, 5705.213, or 5705.219, a	117479
property tax levy proposed under section 5748.09, or the original	117480
levy under section 5705.212 of the Revised Code is first extended	117481
on the tax list and duplicate an estimate of expenditures to be	117482
known as a voluntary contingency reserve balance, which shall not	117483
be greater than twenty per cent of the amount of the levy	117484
estimated to be available for appropriation in such year.	117485

(3) Except as provided in division (E)(4) of this section,	117486
the full amount of any reserve balance the board includes in its	117487
budget shall be retained by the county auditor and county	117488
treasurer out of the first semiannual settlement of taxes until	117489
the beginning of the next succeeding fiscal year, and thereupon,	117490
with the depository interest apportioned thereto, it shall be	117491
turned over to the board of education, to be used for the purposes	117492
of such fiscal year.	117493

(4) A board of education, by a two-thirds vote of all members	117494
of the board, may appropriate any amount withheld as a voluntary	117495
contingency reserve balance during the fiscal year for any lawful	117496
purpose, provided that prior to such appropriation the board of	117497
education has authorized the expenditure of all amounts	117498
appropriated for contingencies under section 5705.40 of the	117499
Revised Code. Upon request by the board of education, the county	117500
auditor shall draw a warrant on the district's account in the	117501
county treasury payable to the district in the amount requested.	117502

(F)(1) A board of education may include a spending reserve in	117503
its budget for fiscal years ending on or before June 30, 2002. The	117504
spending reserve shall consist of an estimate of expenditures not	117505
to exceed the district's spending reserve balance. A district's	117506
spending reserve balance is the amount by which the designated	117507
percentage of the district's estimated personal property taxes to	117508
be settled during the calendar year in which the fiscal year ends	117509
exceeds the estimated amount of personal property taxes to be so	117510
settled and received by the district during that fiscal year.	117511
Moneys from a spending reserve shall be appropriated in accordance	117512
with section 133.301 of the Revised Code.	117513

(2) For the purposes of computing a school district's	117514
spending reserve balance for a fiscal year, the designated	117515
percentage shall be as follows:	117516

Fiscal year ending in:	Designated percentage	117517
1998	50%	117518
1999	40%	117519
2000	30%	117520
2001	20%	117521
2002	10%	117522

(G) Except as otherwise provided in this division, the county	117523
budget commission shall not reduce the taxing authority of a	117524
subdivision as a result of the creation of a reserve balance	117525
account. Except as otherwise provided in this division, the county	117526
budget commission shall not consider the amount in a reserve	117527
balance account of a township, county, or municipal corporation as	117528
an unencumbered balance or as revenue for the purposes of division	117529
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	117530
budget commission may require documentation of the reasonableness	117531
of the reserve balance held in any reserve balance account. The	117532
commission shall consider any amount in a reserve balance account	117533
that it determines to be unreasonable as unencumbered and as	117534
revenue for the purposes of section 5747.51 of the Revised Code	117535
and may take such amounts into consideration when determining	117536
whether to reduce the taxing authority of a subdivision.	117537

Sec. 5705.314. If the board of education of a city, local,	117538
or exempted village school district proposes to change its levy	117539
within the ten-mill limitation in a manner that will result in an	117540
increase in the amount of real property taxes levied by the board	117541
in the tax year the change takes effect, the board shall hold a	117542
public hearing solely on the proposal before adopting a resolution	117543
to implement the proposal. The board shall publish notice of the	117544
hearing in a newspaper of general circulation in the school	117545
district once a week for two consecutive weeks or as provided in	117546
section 7.16 of the Revised Code. The second publication shall be	117547
not less than ten nor more than thirty days before the date of the	117548
hearing~~. The~~, and the notice shall include the date, time, place,	117549
and subject of the hearing, and a statement that the change	117550
proposed by the board may result in an increase in the amount of	117551
real property taxes levied by the board. At the time the board	117552
submits the notice for publication, the board shall send a copy of	117553
the notice to the auditor of the county where the school district	117554
is located or, if the school district is located in more than one	117555
county, to the auditor of each of those counties.	117556

Sec. 5705.392. (A) A board of county commissioners may adopt	117557
as a part of its annual appropriation measure a spending plan, or	117558
in the case of an amended appropriation measure, an amended	117559
spending plan, setting forth a quarterly schedule of expenses and	117560
expenditures of all appropriations for the fiscal year from the	117561
county general fund. The spending plan shall be classified to set	117562
forth separately a quarterly schedule of expenses and expenditures	117563
for each office, department, and division, and within each, the	117564
amount appropriated for personal services. Each office,	117565
department, and division shall be limited in its expenses and	117566
expenditures of moneys appropriated from the general fund during	117567
any quarter by the schedule established in the spending plan. The	117568
schedule established in the spending plan shall serve as a	117569
limitation during a quarter on the making of contracts and giving	117570
of orders involving the expenditure of money during that quarter	117571
for purposes of division (D) of section 5705.41 of the Revised	117572
Code.	117573

(B)(1) A board of county commissioners, by resolution, may	117574
adopt a spending plan or an amended spending plan setting forth	117575
separately a quarterly schedule of expenses and expenditures of	117576
appropriations from any county fund, for the second half of a	117577
fiscal year and any subsequent fiscal year, for any county office,	117578
department, or division that has spent or encumbered more than	117579
six-tenths of the amount appropriated for personal services and	117580
payrolls during the first half of any fiscal year.	117581

(2) During any fiscal year, a board of county commissioners,	117582
by resolution, may adopt a spending plan or an amended spending	117583
plan setting forth separately a quarterly schedule of expenses and	117584
expenditures of appropriations from any county fund, for any	117585
county office, department, or division that, during the previous	117586
fiscal year, spent one hundred five per cent or more of the total	117587
amount appropriated by the board in its annual appropriation	117588
measure required by section 5705.38 of the Revised Code. The	117589
spending plan or amended spending plan shall remain in effect	117590
three fiscal years, or until the county officer of the office for	117591
which the plan was adopted is no longer in office, including terms	117592
of office to which the county officer is re-elected, whichever is	117593
later.	117594

(3) At least thirty days before adopting a resolution under	117595
division (B)(1) or (2) of this section, the board of county	117596
commissioners shall provide written notice to each county office,	117597
department, or division for which it intends to adopt a spending	117598
plan or an amended spending plan. The notice shall be sent by	117599
regular first class mail or provided by personal service, and	117600
shall include a copy of the proposed spending plan or proposed	117601
amended spending plan. The county office, department, or division	117602
may meet with the board at any regular session of the board to	117603
comment on the notice, or to express concerns or ask questions	117604
about the proposed spending plan or proposed amended spending	117605
plan.	117606

Sec. 5705.412. (A) As used in this section, "qualifying	117607
contract" means any agreement for the expenditure of money under	117608
which aggregate payments from the funds included in the school	117609
district's five-year forecast under section 5705.391 of the	117610
Revised Code will exceed the lesser of the following amounts:	117611

(1) Five hundred thousand dollars;

117612

(2) One per cent of the total revenue to be credited in the	117613
current fiscal year to the district's general fund, as specified	117614
in the district's most recent certificate of estimated resources	117615
certified under section 5705.36 of the Revised Code.	117616

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	117617
no school district shall adopt any appropriation measure, make any	117618
qualifying contract, or increase during any school year any wage	117619
or salary schedule unless there is attached thereto a certificate,	117620
signed as required by this section, that the school district has	117621
in effect the authorization to levy taxes including the renewal or	117622
replacement of existing levies which, when combined with the	117623
estimated revenue from all other sources available to the district	117624
at the time of certification, are sufficient to provide the	117625
operating revenues necessary to enable the district to maintain	117626
all personnel and programs for all the days set forth in its	117627
adopted school calendars for the current fiscal year and for a	117628
number of days in succeeding fiscal years equal to the number of	117629
days instruction was held or is scheduled for the current fiscal	117630
year, as follows:	117631

~~(1)~~(a) A certificate attached to an appropriation measure	117632
under this section shall cover only the fiscal year in which the	117633
appropriation measure is effective and shall not consider the	117634
renewal or replacement of an existing levy as the authority to	117635
levy taxes that are subject to appropriation in the current fiscal	117636
year unless the renewal or replacement levy has been approved by	117637
the electors and is subject to appropriation in the current fiscal	117638
year.	117639

~~(2)~~(b) A certificate attached, in accordance with this	117640
section, to any qualifying contract shall cover the term of the	117641
contract.	117642

~~(3)~~(c) A certificate attached under this section to a wage or	117643
salary schedule shall cover the term of the schedule.	117644

If the board of education has not adopted a school calendar	117645
for the school year beginning on the first day of the fiscal year	117646
in which a certificate is required, the certificate attached to an	117647
appropriation measure shall include the number of days on which	117648
instruction was held in the preceding fiscal year and other	117649
certificates required under this section shall include that number	117650
of days for the fiscal year in which the certificate is required	117651
and any succeeding fiscal years that the certificate must cover.	117652

The certificate shall be signed by the treasurer and	117653
president of the board of education and the superintendent of the	117654
school district, unless the district is in a state of fiscal	117655
emergency declared under Chapter 3316. of the Revised Code. In	117656
that case, the certificate shall be signed by a member of the	117657
district's financial planning and supervision commission who is	117658
designated by the commission for this purpose.	117659

(2) In lieu of the certificate required under division (B) of	117660
this section, an alternative certificate stating the following may	117661
be attached:	117662

(a) The contract is a multi-year contract for materials,	117663
equipment, or nonpayroll services essential to the education	117664
program of the district;	117665

(b) The multi-year contract demonstrates savings over the	117666
duration of the contract as compared to costs that otherwise would	117667
have been demonstrated in a single year contract, and the terms	117668
will allow the district to reduce the deficit it is currently	117669
facing in future years as demonstrated in its five-year forecast	117670
adopted in accordance with section 5705.391 of the Revised Code.	117671

The certificate shall be signed by the treasurer and	117672
president of the board of education and the superintendent of the	117673
school district, unless the district is in a state of fiscal	117674
emergency declared under Chapter 3316. of the Revised Code. In	117675
that case, the certificate shall be signed by a member of the	117676
district's financial planning and supervision commission who is	117677
designated by the commission for this purpose.	117678

(C) Every qualifying contract made or wage or salary schedule	117679
adopted or put into effect without such a certificate shall be	117680
void, and no payment of any amount due thereon shall be made.	117681

(D) The department of education and the auditor of state	117682
jointly shall adopt rules governing the methods by which	117683
treasurers, presidents of boards of education, superintendents,	117684
and members of financial planning and supervision commissions	117685
shall estimate revenue and determine whether such revenue is	117686
sufficient to provide necessary operating revenue for the purpose	117687
of making certifications required by this section.	117688

(E) The auditor of state shall be responsible for determining	117689
whether school districts are in compliance with this section. At	117690
the time a school district is audited pursuant to section 117.11	117691
of the Revised Code, the auditor of state shall review each	117692
certificate issued under this section since the district's last	117693
audit, and the appropriation measure, contract, or wage and salary	117694
schedule to which such certificate was attached. If the auditor of	117695
state determines that a school district has not complied with this	117696
section with respect to any qualifying contract or wage or salary	117697
schedule, the auditor of state shall notify the prosecuting	117698
attorney for the county, the city director of law, or other chief	117699
law officer of the school district. That officer may file a civil	117700
action in any court of appropriate jurisdiction to seek a	117701
declaration that the contract or wage or salary schedule is void,	117702
to recover for the school district from the payee the amount of	117703
payments already made under it, or both, except that the officer	117704
shall not seek to recover payments made under any collective	117705
bargaining agreement entered into under Chapter 4117. of the	117706
Revised Code. If the officer does not file such an action within	117707
one hundred twenty days after receiving notice of noncompliance	117708
from the auditor of state, any taxpayer may institute the action	117709
in the taxpayer's own name on behalf of the school district.	117710

(F) This section does not apply to any contract or increase	117711
in any wage or salary schedule that is necessary in order to	117712
enable a board of education to comply with division (B) of section	117713
3317.13 of the Revised Code, provided the contract or increase	117714
does not exceed the amount required to be paid to be in compliance	117715
with such division.	117716

(G) Any officer, employee, or other person who expends or	117717
authorizes the expenditure of any public funds or authorizes or	117718
executes any contract or schedule contrary to this section,	117719
expends or authorizes the expenditure of any public funds on the	117720
void contract or schedule, or issues a certificate under this	117721
section which contains any false statements is liable to the	117722
school district for the full amount paid from the district's funds	117723
on the contract or schedule. The officer, employee, or other	117724
person is jointly and severally liable in person and upon any	117725
official bond that the officer, employee, or other person has	117726
given to the school district to the extent of any payments on the	117727
void claim, not to exceed ten thousand dollars. However, no	117728
officer, employee, or other person shall be liable for a mistaken	117729
estimate of available resources made in good faith and based upon	117730
reasonable grounds. If an officer, employee, or other person is	117731
found to have complied with rules jointly adopted by the	117732
department of education and the auditor of state under this	117733
section governing methods by which revenue shall be estimated and	117734
determined sufficient to provide necessary operating revenue for	117735
the purpose of making certifications required by this section, the	117736
officer, employee, or other person shall not be liable under this	117737
section if the estimates and determinations made according to	117738
those rules do not, in fact, conform with actual revenue. The	117739
prosecuting attorney of the county, the city director of law, or	117740
other chief law officer of the district shall enforce this	117741
liability by civil action brought in any court of appropriate	117742
jurisdiction in the name of and on behalf of the school district.	117743
If the prosecuting attorney, city director of law, or other chief	117744
law officer of the district fails, upon the written request of any	117745
taxpayer, to institute action for the enforcement of the	117746
liability, the attorney general, or the taxpayer in the taxpayer's	117747
own name, may institute the action on behalf of the subdivision.	117748

(H) This section does not require the attachment of an	117749
additional certificate beyond that required by section 5705.41 of	117750
the Revised Code for current payrolls of, or contracts of	117751
employment with, any employees or officers of the school district.	117752

This section does not require the attachment of a certificate	117753
to a temporary appropriation measure if all of the following	117754
apply:	117755

(1) The amount appropriated does not exceed twenty-five per	117756
cent of the total amount from all sources available for	117757
expenditure from any fund during the preceding fiscal year;	117758

(2) The measure will not be in effect on or after the	117759
thirtieth day following the earliest date on which the district	117760
may pass an annual appropriation measure;	117761

(3) An amended official certificate of estimated resources	117762
for the current year, if required, has not been certified to the	117763
board of education under division (B) of section 5705.36 of the	117764
Revised Code.	117765

Sec. 5705.71. (A) The electors of a county may initiate the	117766
question of a tax levy for support of senior citizens services or	117767
facilities by the filing of a petition with the board of elections	117768
of that county not less than ninety days before the date of any	117769
primary or general election requesting that an election be held on	117770
such question. The petition shall be signed by at least ten per	117771
cent of the qualified electors residing in the county and voting	117772
for the office of governor at the last general election.	117773

(B) The petition shall state the purpose for which the senior	117774
citizens tax levy is being proposed, shall specify the amount of	117775
the proposed increase in rate, the period of time during which the	117776
increase is to be in effect, and whether the levy is to be imposed	117777
in the current year. The number of years may be any number not	117778
exceeding five, except that when the additional rate is for the	117779
payment of debt charges the increased rate shall be for the life	117780
of the indebtedness.	117781

(C) After determination by it that such petition is valid,	117782
the board of elections shall submit the question to the electors	117783
of the county at the succeeding primary or general election.	117784

(D) The election shall be conducted, canvassed, and certified	117785
in the same manner as regular elections in such county for county	117786
offices. Notice of the election shall be published in a newspaper	117787
of general circulation in the county once a week for two	117788
consecutive weeks, or as provided in section 7.16 of the Revised	117789
Code, prior to the election~~, and, if~~. If the board of elections	117790
operates and maintains a web site, the board of elections shall	117791
post notice of the election on its web site for thirty days prior	117792
to the election. The notice shall state the purpose, the amount of	117793
the proposed increase in rate, and the time and place of the	117794
election.	117795

(E) The form of the ballot cast at such election shall be	117796
prescribed by the secretary of state. If the tax is to be placed	117797
on the tax list of the current tax year, the form of the ballot	117798
shall include a statement to that effect and shall indicate the	117799
first calendar year the tax will be due. The question covered by	117800
such petition shall be submitted as a separate proposition but it	117801
may be printed on the same ballot with any other propositions	117802
submitted at the same election other than the election of	117803
officers.	117804

(F) If a majority of electors voting on the question vote in	117805
favor of the levy, the board of county commissioners shall levy a	117806
tax, for the period and the purpose stated within the petition. If	117807
the tax is to be placed upon the tax list of the current year, as	117808
specified in the petition, the result of the election shall be	117809
certified immediately after the canvass by the board of elections	117810
to the board of county commissioners, which shall forthwith make	117811
the necessary levy and certify it to the county auditor, who shall	117812
extend it on the tax list for collection. After the first year,	117813
the tax levy shall be included in the annual tax budget that is	117814
certified to the county budget commission.	117815

Sec. 5707.031. As used in this section, "qualifying dealer	117816
in intangibles" ~~has the same meaning as "qualifying dealer" in~~	117817
~~section 5725.24 of the Revised Code~~means a dealer in intangibles	117818
that is a qualifying dealer in intangibles as defined in section	117819
5733.45 of the Revised Code or a member of a qualifying controlled	117820
group, as defined in section 5733.04 of the Revised Code, of which	117821
an insurance company also is a member on the first day of January	117822
of the year in and for which the tax imposed by section 5707.03 of	117823
the Revised Code is required to be paid by the dealer.	117824

Upon the issuance of a tax credit certificate by the Ohio	117825
venture capital authority under section 150.07 of the Revised	117826
Code, a refundable credit may be claimed against the tax imposed	117827
on a qualifying dealer in intangibles under section 5707.03 and	117828
Chapter 5725. of the Revised Code. The credit shall be claimed on	117829
a return due under section 5725.14 of the Revised Code after the	117830
certificate is issued by the authority.	117831

Sec. 5709.07. (A) The following property shall be exempt	117832
from taxation:	117833

(1) ~~Public schoolhouses, the books and furniture in them, and~~	117834
~~the ground attached to them necessary for the proper occupancy,~~	117835
~~use, and enjoyment of the schoolhouses, and not leased or~~	117836
~~otherwise used with a view to profit;~~Real property used by a	117837
school for primary or secondary educational purposes, including	117838
only so much of the land as is necessary for the proper occupancy,	117839
use, and enjoyment of such real property, and not leased or	117840
otherwise used with a view to profit.	117841

For purposes of division (A)(1) of this section:

117842

(a) "School" means a public or nonpublic school. "School"	117843
excludes home instruction as authorized under section 3321.04 of	117844
the Revised Code.	117845

(b) "Public school" includes schools of a school district,	117846
STEM schools established under Chapter 3326. of the Revised Code,	117847
community schools established under Chapter 3314. of the Revised	117848
Code, and educational service centers established under section	117849
3311.05 of the Revised Code.	117850

(c) "Nonpublic school" means a nonpublic school for which the	117851
state board of education has issued a charter pursuant to section	117852
3301.16 of the Revised Code and prescribes minimum standards under	117853
division (D)(2) of section 3301.07 of the Revised Code.	117854

(2) Houses used exclusively for public worship, the books and	117855
furniture in them, and the ground attached to them that is not	117856
leased or otherwise used with a view to profit and that is	117857
necessary for their proper occupancy, use, and enjoyment;	117858

(3) Real property owned and operated by a church that is used	117859
primarily for church retreats or church camping, and that is not	117860
used as a permanent residence. Real property exempted under	117861
division (A)(3) of this section may be made available by the	117862
church on a limited basis to charitable and educational	117863
institutions if the property is not leased or otherwise made	117864
available with a view to profit.	117865

(4) Public colleges and academies and all buildings connected	117866
with them, and all lands connected with public institutions of	117867
learning, not used with a view to profit, including those	117868
buildings and lands that satisfy all of the following:	117869

(a) The buildings are used for housing for full-time students	117870
or housing-related facilities for students, faculty, or employees	117871
of a state university, or for other purposes related to the state	117872
university's educational purpose, and the lands are underneath the	117873
buildings or are used for common space, walkways, and green spaces	117874
for the state university's students, faculty, or employees. As	117875
used in this division, "housing-related facilities" includes both	117876
parking facilities related to the buildings and common buildings	117877
made available to students, faculty, or employees of a state	117878
university. The leasing of space in housing-related facilities	117879
shall not be considered an activity with a view to profit for	117880
purposes of division (A)(4) of this section.	117881

(b) The buildings and lands are supervised or otherwise under	117882
the control, directly or indirectly, of an organization that is	117883
exempt from federal income taxation under section 501(c)(3) of the	117884
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as	117885
amended, and the state university has entered into a qualifying	117886
joint use agreement with the organization that entitles the	117887
students, faculty, or employees of the state university to use the	117888
lands or buildings;	117889

(c) The state university has agreed, under the terms of the	117890
qualifying joint use agreement with the organization described in	117891
division (A)(4)(b) of this section, that the state university, to	117892
the extent applicable under the agreement, will make payments to	117893
the organization in amounts sufficient to maintain agreed-upon	117894
debt service coverage ratios on bonds related to the lands or	117895
buildings.	117896

(B) This section shall not extend to leasehold estates or	117897
real property held under the authority of a college or university	117898
of learning in this state; but leaseholds, or other estates or	117899
property, real or personal, the rents, issues, profits, and income	117900
of which is given to a municipal corporation, school district, or	117901
subdistrict in this state exclusively for the use, endowment, or	117902
support of schools for the free education of youth without charge	117903
shall be exempt from taxation as long as such property, or the	117904
rents, issues, profits, or income of the property is used and	117905
exclusively applied for the support of free education by such	117906
municipal corporation, district, or subdistrict. Division (B) of	117907
this section shall not apply with respect to buildings and lands	117908
that satisfy all of the requirements specified in divisions	117909
(A)(4)(a) to (c) of this section.	117910

(C) For purposes of this section, if the requirements	117911
specified in divisions (A)(4)(a) to (c) of this section are	117912
satisfied, the buildings and lands with respect to which exemption	117913
is claimed under division (A)(4) of this section shall be deemed	117914
to be used with reasonable certainty in furthering or carrying out	117915
the necessary objects and purposes of a state university.	117916

(D) As used in this section:

117917

(1) "Church" means a fellowship of believers, congregation,	117918
society, corporation, convention, or association that is formed	117919
primarily or exclusively for religious purposes and that is not	117920
formed for the private profit of any person.	117921

(2) "State university" has the same meaning as in section	117922
3345.011 of the Revised Code.	117923

(3) "Qualifying joint use agreement" means an agreement that	117924
satisfies all of the following:	117925

(a) The agreement was entered into before June 30, 2004;

117926

(b) The agreement is between a state university and an	117927
organization that is exempt from federal income taxation under	117928
section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat.	117929
2085, 26 U.S.C. 1, as amended; and	117930

(c) The state university that is a party to the agreement	117931
reported to the Ohio board of regents that the university	117932
maintained a headcount of at least twenty-five thousand students	117933
on its main campus during the academic school year that began in	117934
calendar year 2003 and ended in calendar year 2004.	117935

Sec. 5709.084. Real and personal property comprising a	117936
convention center that is constructed or, in the case of personal	117937
property, acquired, after January 1, 2010, are exempt from	117938
taxation if the convention center is located in a county having a	117939
population, when construction of the convention center commences,	117940
of more than one million two hundred thousand according to the	117941
most recent federal decennial census, and if the convention	117942
center, or the land upon which the convention center is situated,	117943
is owned or leased by the county. For the purposes of this	117944
section, construction of the convention center commences upon the	117945
earlier of issuance of debt to finance all or a portion of the	117946
convention center, demolition of existing structures on the site,	117947
or grading of the site in preparation for construction.	117948

Real and personal property comprising a convention center or	117949
golf course owned by the largest city in a county having a	117950
population greater than seven hundred fifty thousand but less than	117951
eight hundred fifty thousand according to the most recent federal	117952
decennial census is exempt from taxation.	117953

As used in this section, "convention center" has the same	117954
meaning as in section 307.695 of the Revised Code.	117955

Sec. 5709.62. (A) In any municipal corporation that is	117956
defined by the United States office of management and budget as a	117957
principal city of a metropolitan statistical area, the legislative	117958
authority of the municipal corporation may designate one or more	117959
areas within its municipal corporation as proposed enterprise	117960
zones. Upon designating an area, the legislative authority shall	117961
petition the director of development for certification of the area	117962
as having the characteristics set forth in division (A)(1) of	117963
section 5709.61 of the Revised Code as amended by Substitute	117964
Senate Bill No. 19 of the 120th general assembly. Except as	117965
otherwise provided in division (E) of this section, on and after	117966
July 1, 1994, legislative authorities shall not enter into	117967
agreements under this section unless the legislative authority has	117968
petitioned the director and the director has certified the zone	117969
under this section as amended by that act; however, all agreements	117970
entered into under this section as it existed prior to July 1,	117971
1994, and the incentives granted under those agreements shall	117972
remain in effect for the period agreed to under those agreements.	117973
Within sixty days after receiving such a petition, the director	117974
shall determine whether the area has the characteristics set forth	117975
in division (A)(1) of section 5709.61 of the Revised Code, and	117976
shall forward the findings to the legislative authority of the	117977
municipal corporation. If the director certifies the area as	117978
having those characteristics, and thereby certifies it as a zone,	117979
the legislative authority may enter into an agreement with an	117980
enterprise under division (C) of this section.	117981

(B) Any enterprise that wishes to enter into an agreement	117982
with a municipal corporation under division (C) of this section	117983
shall submit a proposal to the legislative authority of the	117984
municipal corporation on a form prescribed by the director of	117985
development, together with the application fee established under	117986
section 5709.68 of the Revised Code. The form shall require the	117987
following information:	117988

(1) An estimate of the number of new employees whom the	117989
enterprise intends to hire, or of the number of employees whom the	117990
enterprise intends to retain, within the zone at a facility that	117991
is a project site, and an estimate of the amount of payroll of the	117992
enterprise attributable to these employees;	117993

(2) An estimate of the amount to be invested by the	117994
enterprise to establish, expand, renovate, or occupy a facility,	117995
including investment in new buildings, additions or improvements	117996
to existing buildings, machinery, equipment, furniture, fixtures,	117997
and inventory;	117998

(3) A listing of the enterprise's current investment, if any,	117999
in a facility as of the date of the proposal's submission.	118000

The enterprise shall review and update the listings required	118001
under this division to reflect material changes, and any agreement	118002
entered into under division (C) of this section shall set forth	118003
final estimates and listings as of the time the agreement is	118004
entered into. The legislative authority may, on a separate form	118005
and at any time, require any additional information necessary to	118006
determine whether an enterprise is in compliance with an agreement	118007
and to collect the information required to be reported under	118008
section 5709.68 of the Revised Code.	118009

(C) Upon receipt and investigation of a proposal under	118010
division (B) of this section, if the legislative authority finds	118011
that the enterprise submitting the proposal is qualified by	118012
financial responsibility and business experience to create and	118013
preserve employment opportunities in the zone and improve the	118014
economic climate of the municipal corporation, the legislative	118015
authority, on or before October 15, ~~2011~~2012, may do one of the	118016
following:	118017

(1) Enter into an agreement with the enterprise under which	118018
the enterprise agrees to establish, expand, renovate, or occupy a	118019
facility and hire new employees, or preserve employment	118020
opportunities for existing employees, in return for one or more of	118021
the following incentives:	118022

(a) Exemption for a specified number of years, not to exceed	118023
fifteen, of a specified portion, up to seventy-five per cent, of	118024
the assessed value of tangible personal property first used in	118025
business at the project site as a result of the agreement. If an	118026
exemption for inventory is specifically granted in the agreement	118027
pursuant to this division, the exemption applies to inventory	118028
required to be listed pursuant to sections 5711.15 and 5711.16 of	118029
the Revised Code, except that, in the instance of an expansion or	118030
other situations in which an enterprise was in business at the	118031
facility prior to the establishment of the zone, the inventory	118032
that is exempt is that amount or value of inventory in excess of	118033
the amount or value of inventory required to be listed in the	118034
personal property tax return of the enterprise in the return for	118035
the tax year in which the agreement is entered into.	118036

(b) Exemption for a specified number of years, not to exceed	118037
fifteen, of a specified portion, up to seventy-five per cent, of	118038
the increase in the assessed valuation of real property	118039
constituting the project site subsequent to formal approval of the	118040
agreement by the legislative authority;	118041

(c) Provision for a specified number of years, not to exceed	118042
fifteen, of any optional services or assistance that the municipal	118043
corporation is authorized to provide with regard to the project	118044
site.	118045

(2) Enter into an agreement under which the enterprise agrees	118046
to remediate an environmentally contaminated facility, to spend an	118047
amount equal to at least two hundred fifty per cent of the true	118048
value in money of the real property of the facility prior to	118049
remediation as determined for the purposes of property taxation to	118050
establish, expand, renovate, or occupy the remediated facility,	118051
and to hire new employees or preserve employment opportunities for	118052
existing employees at the remediated facility, in return for one	118053
or more of the following incentives:	118054

(a) Exemption for a specified number of years, not to exceed	118055
fifteen, of a specified portion, not to exceed fifty per cent, of	118056
the assessed valuation of the real property of the facility prior	118057
to remediation;	118058

(b) Exemption for a specified number of years, not to exceed	118059
fifteen, of a specified portion, not to exceed one hundred per	118060
cent, of the increase in the assessed valuation of the real	118061
property of the facility during or after remediation;	118062

(c) The incentive under division (C)(1)(a) of this section,	118063
except that the percentage of the assessed value of such property	118064
exempted from taxation shall not exceed one hundred per cent;	118065

(d) The incentive under division (C)(1)(c) of this section.

118066

(3) Enter into an agreement with an enterprise that plans to	118067
purchase and operate a large manufacturing facility that has	118068
ceased operation or announced its intention to cease operation, in	118069
return for exemption for a specified number of years, not to	118070
exceed fifteen, of a specified portion, up to one hundred per	118071
cent, of the assessed value of tangible personal property used in	118072
business at the project site as a result of the agreement, or of	118073
the assessed valuation of real property constituting the project	118074
site, or both.	118075

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	118076
section, the portion of the assessed value of tangible personal	118077
property or of the increase in the assessed valuation of real	118078
property exempted from taxation under those divisions may exceed	118079
seventy-five per cent in any year for which that portion is	118080
exempted if the average percentage exempted for all years in which	118081
the agreement is in effect does not exceed sixty per cent, or if	118082
the board of education of the city, local, or exempted village	118083
school district within the territory of which the property is or	118084
will be located approves a percentage in excess of seventy-five	118085
per cent.	118086

(2) Notwithstanding any provision of the Revised Code to the	118087
contrary, the exemptions described in divisions (C)(1)(a), (b),	118088
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may	118089
be for up to fifteen years if the board of education of the city,	118090
local, or exempted village school district within the territory of	118091
which the property is or will be located approves a number of	118092
years in excess of ten.	118093

(3) For the purpose of obtaining the approval of a city,	118094
local, or exempted village school district under division (D)(1)	118095
or (2) of this section, the legislative authority shall deliver to	118096
the board of education a notice not later than forty-five days	118097
prior to approving the agreement, excluding Saturdays, Sundays,	118098
and legal holidays as defined in section 1.14 of the Revised Code.	118099
The notice shall state the percentage to be exempted, an estimate	118100
of the true value of the property to be exempted, and the number	118101
of years the property is to be exempted. The board of education,	118102
by resolution adopted by a majority of the board, shall approve or	118103
disapprove the agreement and certify a copy of the resolution to	118104
the legislative authority not later than fourteen days prior to	118105
the date stipulated by the legislative authority as the date upon	118106
which approval of the agreement is to be formally considered by	118107
the legislative authority. The board of education may include in	118108
the resolution conditions under which the board would approve the	118109
agreement, including the execution of an agreement to compensate	118110
the school district under division (B) of section 5709.82 of the	118111
Revised Code. The legislative authority may approve the agreement	118112
at any time after the board of education certifies its resolution	118113
approving the agreement to the legislative authority, or, if the	118114
board approves the agreement conditionally, at any time after the	118115
conditions are agreed to by the board and the legislative	118116
authority.	118117

If a board of education has adopted a resolution waiving its	118118
right to approve agreements and the resolution remains in effect,	118119
approval of an agreement by the board is not required under this	118120
division. If a board of education has adopted a resolution	118121
allowing a legislative authority to deliver the notice required	118122
under this division fewer than forty-five business days prior to	118123
the legislative authority's approval of the agreement, the	118124
legislative authority shall deliver the notice to the board not	118125
later than the number of days prior to such approval as prescribed	118126
by the board in its resolution. If a board of education adopts a	118127
resolution waiving its right to approve agreements or shortening	118128
the notification period, the board shall certify a copy of the	118129
resolution to the legislative authority. If the board of education	118130
rescinds such a resolution, it shall certify notice of the	118131
rescission to the legislative authority.	118132

(4) The legislative authority shall comply with section	118133
5709.83 of the Revised Code unless the board of education has	118134
adopted a resolution under that section waiving its right to	118135
receive such notice.	118136

(E) This division applies to zones certified by the director	118137
of development under this section prior to July 22, 1994.	118138

On or before October 15, ~~2011~~2012, the legislative authority	118139
that designated a zone to which this division applies may enter	118140
into an agreement with an enterprise if the legislative authority	118141
finds that the enterprise satisfies one of the criteria described	118142
in divisions (E)(1) to (5) of this section:	118143

(1) The enterprise currently has no operations in this state	118144
and, subject to approval of the agreement, intends to establish	118145
operations in the zone;	118146

(2) The enterprise currently has operations in this state	118147
and, subject to approval of the agreement, intends to establish	118148
operations at a new location in the zone that would not result in	118149
a reduction in the number of employee positions at any of the	118150
enterprise's other locations in this state;	118151

(3) The enterprise, subject to approval of the agreement,	118152
intends to relocate operations, currently located in another	118153
state, to the zone;	118154

(4) The enterprise, subject to approval of the agreement,	118155
intends to expand operations at an existing site in the zone that	118156
the enterprise currently operates;	118157

(5) The enterprise, subject to approval of the agreement,	118158
intends to relocate operations, currently located in this state,	118159
to the zone, and the director of development has issued a waiver	118160
for the enterprise under division (B) of section 5709.633 of the	118161
Revised Code.	118162

The agreement shall require the enterprise to agree to	118163
establish, expand, renovate, or occupy a facility in the zone and	118164
hire new employees, or preserve employment opportunities for	118165
existing employees, in return for one or more of the incentives	118166
described in division (C) of this section.	118167

(F) All agreements entered into under this section shall be	118168
in the form prescribed under section 5709.631 of the Revised Code.	118169
After an agreement is entered into under this section, if the	118170
legislative authority revokes its designation of a zone, or if the	118171
director of development revokes a zone's certification, any	118172
entitlements granted under the agreement shall continue for the	118173
number of years specified in the agreement.	118174

(G) Except as otherwise provided in this division, an	118175
agreement entered into under this section shall require that the	118176
enterprise pay an annual fee equal to the greater of one per cent	118177
of the dollar value of incentives offered under the agreement or	118178
five hundred dollars; provided, however, that if the value of the	118179
incentives exceeds two hundred fifty thousand dollars, the fee	118180
shall not exceed two thousand five hundred dollars. The fee shall	118181
be payable to the legislative authority once per year for each	118182
year the agreement is effective on the days and in the form	118183
specified in the agreement. Fees paid shall be deposited in a	118184
special fund created for such purpose by the legislative authority	118185
and shall be used by the legislative authority exclusively for the	118186
purpose of complying with section 5709.68 of the Revised Code and	118187
by the tax incentive review council created under section 5709.85	118188
of the Revised Code exclusively for the purposes of performing the	118189
duties prescribed under that section. The legislative authority	118190
may waive or reduce the amount of the fee charged against an	118191
enterprise, but such a waiver or reduction does not affect the	118192
obligations of the legislative authority or the tax incentive	118193
review council to comply with section 5709.68 or 5709.85 of the	118194
Revised Code.	118195

(H) When an agreement is entered into pursuant to this	118196
section, the legislative authority authorizing the agreement shall	118197
forward a copy of the agreement to the director of development and	118198
to the tax commissioner within fifteen days after the agreement is	118199
entered into. If any agreement includes terms not provided for in	118200
section 5709.631 of the Revised Code affecting the revenue of a	118201
city, local, or exempted village school district or causing	118202
revenue to be forgone by the district, including any compensation	118203
to be paid to the school district pursuant to section 5709.82 of	118204
the Revised Code, those terms also shall be forwarded in writing	118205
to the director of development along with the copy of the	118206
agreement forwarded under this division.	118207

(I) After an agreement is entered into, the enterprise shall	118208
file with each personal property tax return required to be filed,	118209
or annual report required to be filed under section 5727.08 of the	118210
Revised Code, while the agreement is in effect, an informational	118211
return, on a form prescribed by the tax commissioner for that	118212
purpose, setting forth separately the property, and related costs	118213
and values, exempted from taxation under the agreement.	118214

(J) Enterprises may agree to give preference to residents of	118215
the zone within which the agreement applies relative to residents	118216
of this state who do not reside in the zone when hiring new	118217
employees under the agreement.	118218

(K) An agreement entered into under this section may include	118219
a provision requiring the enterprise to create one or more	118220
temporary internship positions for students enrolled in a course	118221
of study at a school or other educational institution in the	118222
vicinity, and to create a scholarship or provide another form of	118223
educational financial assistance for students holding such a	118224
position in exchange for the student's commitment to work for the	118225
enterprise at the completion of the internship.	118226

(L) The tax commissioner's authority in determining the	118227
accuracy of any exemption granted by an agreement entered into	118228
under this section is limited to divisions (C)(1)(a) and (b),	118229
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and	118230
divisions (B)(1) to (10) of section 5709.631 of the Revised Code	118231
and, as authorized by law, to enforcing any modification to, or	118232
revocation of, that agreement by the legislative authority of a	118233
municipal corporation or the director of development.	118234

Sec. 5709.63. (A) With the consent of the legislative	118235
authority of each affected municipal corporation or of a board of	118236
township trustees, a board of county commissioners may, in the	118237
manner set forth in section 5709.62 of the Revised Code, designate	118238
one or more areas in one or more municipal corporations or in	118239
unincorporated areas of the county as proposed enterprise zones. A	118240
board of county commissioners may designate no more than one area	118241
within a township, or within adjacent townships, as a proposed	118242
enterprise zone. The board shall petition the director of	118243
development for certification of the area as having the	118244
characteristics set forth in division (A)(1) or (2) of section	118245
5709.61 of the Revised Code as amended by Substitute Senate Bill	118246
No. 19 of the 120th general assembly. Except as otherwise provided	118247
in division (D) of this section, on and after July 1, 1994, boards	118248
of county commissioners shall not enter into agreements under this	118249
section unless the board has petitioned the director and the	118250
director has certified the zone under this section as amended by	118251
that act; however, all agreements entered into under this section	118252
as it existed prior to July 1, 1994, and the incentives granted	118253
under those agreements shall remain in effect for the period	118254
agreed to under those agreements. The director shall make the	118255
determination in the manner provided under section 5709.62 of the	118256
Revised Code.	118257

Any enterprise wishing to enter into an agreement with the	118258
board under division (B) or (D) of this section shall submit a	118259
proposal to the board on the form and accompanied by the	118260
application fee prescribed under division (B) of section 5709.62	118261
of the Revised Code. The enterprise shall review and update the	118262
estimates and listings required by the form in the manner required	118263
under that division. The board may, on a separate form and at any	118264
time, require any additional information necessary to determine	118265
whether an enterprise is in compliance with an agreement and to	118266
collect the information required to be reported under section	118267
5709.68 of the Revised Code.	118268

(B) If the board of county commissioners finds that an	118269
enterprise submitting a proposal is qualified by financial	118270
responsibility and business experience to create and preserve	118271
employment opportunities in the zone and to improve the economic	118272
climate of the municipal corporation or municipal corporations or	118273
the unincorporated areas in which the zone is located and to which	118274
the proposal applies, the board, on or before October 15, ~~2011~~	118275
2012, and with the consent of the legislative authority of each	118276
affected municipal corporation or of the board of township	118277
trustees may do either of the following:	118278

(1) Enter into an agreement with the enterprise under which	118279
the enterprise agrees to establish, expand, renovate, or occupy a	118280
facility in the zone and hire new employees, or preserve	118281
employment opportunities for existing employees, in return for the	118282
following incentives:	118283

(a) When the facility is located in a municipal corporation,	118284
the board may enter into an agreement for one or more of the	118285
incentives provided in division (C) of section 5709.62 of the	118286
Revised Code, subject to division (D) of that section;	118287

(b) When the facility is located in an unincorporated area,	118288
the board may enter into an agreement for one or more of the	118289
following incentives:	118290

(i) Exemption for a specified number of years, not to exceed	118291
fifteen, of a specified portion, up to sixty per cent, of the	118292
assessed value of tangible personal property first used in	118293
business at a project site as a result of the agreement. If an	118294
exemption for inventory is specifically granted in the agreement	118295
pursuant to this division, the exemption applies to inventory	118296
required to be listed pursuant to sections 5711.15 and 5711.16 of	118297
the Revised Code, except, in the instance of an expansion or other	118298
situations in which an enterprise was in business at the facility	118299
prior to the establishment of the zone, the inventory that is	118300
exempt is that amount or value of inventory in excess of the	118301
amount or value of inventory required to be listed in the personal	118302
property tax return of the enterprise in the return for the tax	118303
year in which the agreement is entered into.	118304

(ii) Exemption for a specified number of years, not to exceed	118305
fifteen, of a specified portion, up to sixty per cent, of the	118306
increase in the assessed valuation of real property constituting	118307
the project site subsequent to formal approval of the agreement by	118308
the board;	118309

(iii) Provision for a specified number of years, not to	118310
exceed fifteen, of any optional services or assistance the board	118311
is authorized to provide with regard to the project site;	118312

(iv) The incentive described in division (C)(2) of section	118313
5709.62 of the Revised Code.	118314

(2) Enter into an agreement with an enterprise that plans to	118315
purchase and operate a large manufacturing facility that has	118316
ceased operation or has announced its intention to cease	118317
operation, in return for exemption for a specified number of	118318
years, not to exceed fifteen, of a specified portion, up to one	118319
hundred per cent, of tangible personal property used in business	118320
at the project site as a result of the agreement, or of real	118321
property constituting the project site, or both.	118322

(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	118323
this section, the portion of the assessed value of tangible	118324
personal property or of the increase in the assessed valuation of	118325
real property exempted from taxation under those divisions may	118326
exceed sixty per cent in any year for which that portion is	118327
exempted if the average percentage exempted for all years in which	118328
the agreement is in effect does not exceed fifty per cent, or if	118329
the board of education of the city, local, or exempted village	118330
school district within the territory of which the property is or	118331
will be located approves a percentage in excess of sixty per cent.	118332

(b) Notwithstanding any provision of the Revised Code to the	118333
contrary, the exemptions described in divisions (B)(1)(b)(i),	118334
(ii), (iii), and (iv) and (B)(2) of this section may be for up to	118335
fifteen years if the board of education of the city, local, or	118336
exempted village school district within the territory of which the	118337
property is or will be located approves a number of years in	118338
excess of ten.	118339

(c) For the purpose of obtaining the approval of a city,	118340
local, or exempted village school district under division	118341
(C)(1)(a) or (b) of this section, the board of county	118342
commissioners shall deliver to the board of education a notice not	118343
later than forty-five days prior to approving the agreement,	118344
excluding Saturdays, Sundays, and legal holidays as defined in	118345
section 1.14 of the Revised Code. The notice shall state the	118346
percentage to be exempted, an estimate of the true value of the	118347
property to be exempted, and the number of years the property is	118348
to be exempted. The board of education, by resolution adopted by a	118349
majority of the board, shall approve or disapprove the agreement	118350
and certify a copy of the resolution to the board of county	118351
commissioners not later than fourteen days prior to the date	118352
stipulated by the board of county commissioners as the date upon	118353
which approval of the agreement is to be formally considered by	118354
the board of county commissioners. The board of education may	118355
include in the resolution conditions under which the board would	118356
approve the agreement, including the execution of an agreement to	118357
compensate the school district under division (B) of section	118358
5709.82 of the Revised Code. The board of county commissioners may	118359
approve the agreement at any time after the board of education	118360
certifies its resolution approving the agreement to the board of	118361
county commissioners, or, if the board of education approves the	118362
agreement conditionally, at any time after the conditions are	118363
agreed to by the board of education and the board of county	118364
commissioners.	118365

If a board of education has adopted a resolution waiving its	118366
right to approve agreements and the resolution remains in effect,	118367
approval of an agreement by the board of education is not required	118368
under division (C) of this section. If a board of education has	118369
adopted a resolution allowing a board of county commissioners to	118370
deliver the notice required under this division fewer than	118371
forty-five business days prior to approval of the agreement by the	118372
board of county commissioners, the board of county commissioners	118373
shall deliver the notice to the board of education not later than	118374
the number of days prior to such approval as prescribed by the	118375
board of education in its resolution. If a board of education	118376
adopts a resolution waiving its right to approve agreements or	118377
shortening the notification period, the board of education shall	118378
certify a copy of the resolution to the board of county	118379
commissioners. If the board of education rescinds such a	118380
resolution, it shall certify notice of the rescission to the board	118381
of county commissioners.	118382

(2) The board of county commissioners shall comply with	118383
section 5709.83 of the Revised Code unless the board of education	118384
has adopted a resolution under that section waiving its right to	118385
receive such notice.	118386

(D) This division applies to zones certified by the director	118387
of development under this section prior to July 22, 1994.	118388

On or before October 15, ~~2011~~2012, and with the consent of	118389
the legislative authority of each affected municipal corporation	118390
or board of township trustees of each affected township, the board	118391
of county commissioners that designated a zone to which this	118392
division applies may enter into an agreement with an enterprise if	118393
the board finds that the enterprise satisfies one of the criteria	118394
described in divisions (D)(1) to (5) of this section:	118395

(1) The enterprise currently has no operations in this state	118396
and, subject to approval of the agreement, intends to establish	118397
operations in the zone;	118398

(2) The enterprise currently has operations in this state	118399
and, subject to approval of the agreement, intends to establish	118400
operations at a new location in the zone that would not result in	118401
a reduction in the number of employee positions at any of the	118402
enterprise's other locations in this state;	118403

(3) The enterprise, subject to approval of the agreement,	118404
intends to relocate operations, currently located in another	118405
state, to the zone;	118406

(4) The enterprise, subject to approval of the agreement,	118407
intends to expand operations at an existing site in the zone that	118408
the enterprise currently operates;	118409

(5) The enterprise, subject to approval of the agreement,	118410
intends to relocate operations, currently located in this state,	118411
to the zone, and the director of development has issued a waiver	118412
for the enterprise under division (B) of section 5709.633 of the	118413
Revised Code.	118414

The agreement shall require the enterprise to agree to	118415
establish, expand, renovate, or occupy a facility in the zone and	118416
hire new employees, or preserve employment opportunities for	118417
existing employees, in return for one or more of the incentives	118418
described in division (B) of this section.	118419

(E) All agreements entered into under this section shall be	118420
in the form prescribed under section 5709.631 of the Revised Code.	118421
After an agreement under this section is entered into, if the	118422
board of county commissioners revokes its designation of a zone,	118423
or if the director of development revokes a zone's certification,	118424
any entitlements granted under the agreement shall continue for	118425
the number of years specified in the agreement.	118426

(F) Except as otherwise provided in this division, an	118427
agreement entered into under this section shall require that the	118428
enterprise pay an annual fee equal to the greater of one per cent	118429
of the dollar value of incentives offered under the agreement or	118430
five hundred dollars; provided, however, that if the value of the	118431
incentives exceeds two hundred fifty thousand dollars, the fee	118432
shall not exceed two thousand five hundred dollars. The fee shall	118433
be payable to the board of county commissioners once per year for	118434
each year the agreement is effective on the days and in the form	118435
specified in the agreement. Fees paid shall be deposited in a	118436
special fund created for such purpose by the board and shall be	118437
used by the board exclusively for the purpose of complying with	118438
section 5709.68 of the Revised Code and by the tax incentive	118439
review council created under section 5709.85 of the Revised Code	118440
exclusively for the purposes of performing the duties prescribed	118441
under that section. The board may waive or reduce the amount of	118442
the fee charged against an enterprise, but such waiver or	118443
reduction does not affect the obligations of the board or the tax	118444
incentive review council to comply with section 5709.68 or 5709.85	118445
of the Revised Code, respectively.	118446

(G) With the approval of the legislative authority of a	118447
municipal corporation or the board of township trustees of a	118448
township in which a zone is designated under division (A) of this	118449
section, the board of county commissioners may delegate to that	118450
legislative authority or board any powers and duties of the board	118451
of county commissioners to negotiate and administer agreements	118452
with regard to that zone under this section.	118453

(H) When an agreement is entered into pursuant to this	118454
section, the board of county commissioners authorizing the	118455
agreement or the legislative authority or board of township	118456
trustees that negotiates and administers the agreement shall	118457
forward a copy of the agreement to the director of development and	118458
to the tax commissioner within fifteen days after the agreement is	118459
entered into. If any agreement includes terms not provided for in	118460
section 5709.631 of the Revised Code affecting the revenue of a	118461
city, local, or exempted village school district or causing	118462
revenue to be foregone by the district, including any compensation	118463
to be paid to the school district pursuant to section 5709.82 of	118464
the Revised Code, those terms also shall be forwarded in writing	118465
to the director of development along with the copy of the	118466
agreement forwarded under this division.	118467

(I) After an agreement is entered into, the enterprise shall	118468
file with each personal property tax return required to be filed,	118469
or annual report that is required to be filed under section	118470
5727.08 of the Revised Code, while the agreement is in effect, an	118471
informational return, on a form prescribed by the tax commissioner	118472
for that purpose, setting forth separately the property, and	118473
related costs and values, exempted from taxation under the	118474
agreement.	118475

(J) Enterprises may agree to give preference to residents of	118476
the zone within which the agreement applies relative to residents	118477
of this state who do not reside in the zone when hiring new	118478
employees under the agreement.	118479

(K) An agreement entered into under this section may include	118480
a provision requiring the enterprise to create one or more	118481
temporary internship positions for students enrolled in a course	118482
of study at a school or other educational institution in the	118483
vicinity, and to create a scholarship or provide another form of	118484
educational financial assistance for students holding such a	118485
position in exchange for the student's commitment to work for the	118486
enterprise at the completion of the internship.	118487

(L) The tax commissioner's authority in determining the	118488
accuracy of any exemption granted by an agreement entered into	118489
under this section is limited to divisions (B)(1)(b)(i) and (ii),	118490
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of	118491
this section as it pertains to divisions (C)(2)(a), (b), and (c)	118492
of section 5709.62 of the Revised Code, and divisions (B)(1) to	118493
(10) of section 5709.631 of the Revised Code and, as authorized by	118494
law, to enforcing any modification to, or revocation of, that	118495
agreement by the board of county commissioners or the director of	118496
development or, if the board's powers and duties are delegated	118497
under division (G) of this section, by the legislative authority	118498
of a municipal corporation or board of township trustees.	118499

Sec. 5709.632. (A)(1) The legislative authority of a	118500
municipal corporation defined by the United States office of	118501
management and budget as a principal city of a metropolitan	118502
statistical area may, in the manner set forth in section 5709.62	118503
of the Revised Code, designate one or more areas in the municipal	118504
corporation as a proposed enterprise zone.	118505

(2) With the consent of the legislative authority of each	118506
affected municipal corporation or of a board of township trustees,	118507
a board of county commissioners may, in the manner set forth in	118508
section 5709.62 of the Revised Code, designate one or more areas	118509
in one or more municipal corporations or in unincorporated areas	118510
of the county as proposed urban jobs and enterprise zones, except	118511
that a board of county commissioners may designate no more than	118512
one area within a township, or within adjacent townships, as a	118513
proposed urban jobs and enterprise zone.	118514

(3) The legislative authority or board of county	118515
commissioners may petition the director of development for	118516
certification of the area as having the characteristics set forth	118517
in division (A)(3) of section 5709.61 of the Revised Code. Within	118518
sixty days after receiving such a petition, the director shall	118519
determine whether the area has the characteristics set forth in	118520
that division and forward the findings to the legislative	118521
authority or board of county commissioners. If the director	118522
certifies the area as having those characteristics and thereby	118523
certifies it as a zone, the legislative authority or board may	118524
enter into agreements with enterprises under division (B) of this	118525
section. Any enterprise wishing to enter into an agreement with a	118526
legislative authority or board of county commissioners under this	118527
section and satisfying one of the criteria described in divisions	118528
(B)(1) to (5) of this section shall submit a proposal to the	118529
legislative authority or board on the form prescribed under	118530
division (B) of section 5709.62 of the Revised Code and shall	118531
review and update the estimates and listings required by the form	118532
in the manner required under that division. The legislative	118533
authority or board may, on a separate form and at any time,	118534
require any additional information necessary to determine whether	118535
an enterprise is in compliance with an agreement and to collect	118536
the information required to be reported under section 5709.68 of	118537
the Revised Code.	118538

(B) Prior to entering into an agreement with an enterprise,	118539
the legislative authority or board of county commissioners shall	118540
determine whether the enterprise submitting the proposal is	118541
qualified by financial responsibility and business experience to	118542
create and preserve employment opportunities in the zone and to	118543
improve the economic climate of the municipal corporation or	118544
municipal corporations or the unincorporated areas in which the	118545
zone is located and to which the proposal applies, and whether the	118546
enterprise satisfies one of the following criteria:	118547

(1) The enterprise currently has no operations in this state	118548
and, subject to approval of the agreement, intends to establish	118549
operations in the zone;	118550

(2) The enterprise currently has operations in this state	118551
and, subject to approval of the agreement, intends to establish	118552
operations at a new location in the zone that would not result in	118553
a reduction in the number of employee positions at any of the	118554
enterprise's other locations in this state;	118555

(3) The enterprise, subject to approval of the agreement,	118556
intends to relocate operations, currently located in another	118557
state, to the zone;	118558

(4) The enterprise, subject to approval of the agreement,	118559
intends to expand operations at an existing site in the zone that	118560
the enterprise currently operates;	118561

(5) The enterprise, subject to approval of the agreement,	118562
intends to relocate operations, currently located in this state,	118563
to the zone, and the director of development has issued a waiver	118564
for the enterprise under division (B) of section 5709.633 of the	118565
Revised Code.	118566

(C) If the legislative authority or board determines that the	118567
enterprise is so qualified and satisfies one of the criteria	118568
described in divisions (B)(1) to (5) of this section, the	118569
legislative authority or board may, after complying with section	118570
5709.83 of the Revised Code and on or before October 15, ~~2011~~	118571
2012, and, in the case of a board of commissioners, with the	118572
consent of the legislative authority of each affected municipal	118573
corporation or of the board of township trustees, enter into an	118574
agreement with the enterprise under which the enterprise agrees to	118575
establish, expand, renovate, or occupy a facility in the zone and	118576
hire new employees, or preserve employment opportunities for	118577
existing employees, in return for the following incentives:	118578

(1) When the facility is located in a municipal corporation,	118579
a legislative authority or board of commissioners may enter into	118580
an agreement for one or more of the incentives provided in	118581
division (C) of section 5709.62 of the Revised Code, subject to	118582
division (D) of that section;	118583

(2) When the facility is located in an unincorporated area, a	118584
board of commissioners may enter into an agreement for one or more	118585
of the incentives provided in divisions (B)(1)(b), (B)(2), and	118586
(B)(3) of section 5709.63 of the Revised Code, subject to division	118587
(C) of that section.	118588

(D) All agreements entered into under this section shall be	118589
in the form prescribed under section 5709.631 of the Revised Code.	118590
After an agreement under this section is entered into, if the	118591
legislative authority or board of county commissioners revokes its	118592
designation of the zone, or if the director of development revokes	118593
the zone's certification, any entitlements granted under the	118594
agreement shall continue for the number of years specified in the	118595
agreement.	118596

(E) Except as otherwise provided in this division, an	118597
agreement entered into under this section shall require that the	118598
enterprise pay an annual fee equal to the greater of one per cent	118599
of the dollar value of incentives offered under the agreement or	118600
five hundred dollars; provided, however, that if the value of the	118601
incentives exceeds two hundred fifty thousand dollars, the fee	118602
shall not exceed two thousand five hundred dollars. The fee shall	118603
be payable to the legislative authority or board of commissioners	118604
once per year for each year the agreement is effective on the days	118605
and in the form specified in the agreement. Fees paid shall be	118606
deposited in a special fund created for such purpose by the	118607
legislative authority or board and shall be used by the	118608
legislative authority or board exclusively for the purpose of	118609
complying with section 5709.68 of the Revised Code and by the tax	118610
incentive review council created under section 5709.85 of the	118611
Revised Code exclusively for the purposes of performing the duties	118612
prescribed under that section. The legislative authority or board	118613
may waive or reduce the amount of the fee charged against an	118614
enterprise, but such waiver or reduction does not affect the	118615
obligations of the legislative authority or board or the tax	118616
incentive review council to comply with section 5709.68 or 5709.85	118617
of the Revised Code, respectively.	118618

(F) With the approval of the legislative authority of a	118619
municipal corporation or the board of township trustees of a	118620
township in which a zone is designated under division (A)(2) of	118621
this section, the board of county commissioners may delegate to	118622
that legislative authority or board any powers and duties of the	118623
board to negotiate and administer agreements with regard to that	118624
zone under this section.	118625

(G) When an agreement is entered into pursuant to this	118626
section, the legislative authority or board of commissioners	118627
authorizing the agreement shall forward a copy of the agreement to	118628
the director of development and to the tax commissioner within	118629
fifteen days after the agreement is entered into. If any agreement	118630
includes terms not provided for in section 5709.631 of the Revised	118631
Code affecting the revenue of a city, local, or exempted village	118632
school district or causing revenue to be forgone by the district,	118633
including any compensation to be paid to the school district	118634
pursuant to section 5709.82 of the Revised Code, those terms also	118635
shall be forwarded in writing to the director of development along	118636
with the copy of the agreement forwarded under this division.	118637

(H) After an agreement is entered into, the enterprise shall	118638
file with each personal property tax return required to be filed	118639
while the agreement is in effect, an informational return, on a	118640
form prescribed by the tax commissioner for that purpose, setting	118641
forth separately the property, and related costs and values,	118642
exempted from taxation under the agreement.	118643

(I) An agreement entered into under this section may include	118644
a provision requiring the enterprise to create one or more	118645
temporary internship positions for students enrolled in a course	118646
of study at a school or other educational institution in the	118647
vicinity, and to create a scholarship or provide another form of	118648
educational financial assistance for students holding such a	118649
position in exchange for the student's commitment to work for the	118650
enterprise at the completion of the internship.	118651

Sec. 5713.01. (A) Each county shall be the unit for	118652
assessing real estate for taxation purposes. The county auditor	118653
shall be the assessor of all the real estate in the auditor's	118654
county for purposes of taxation, but this section does not affect	118655
the power conferred by Chapter 5727. of the Revised Code upon the	118656
tax commissioner regarding the valuation and assessment of real	118657
property used in railroad operations.	118658

(B) The auditor shall assess all the real estate situated in	118659
the county at its taxable value in accordance with sections	118660
5713.03, 5713.31, and 5715.01 of the Revised Code and with the	118661
rules and methods applicable to the auditor's county adopted,	118662
prescribed, and promulgated by the tax commissioner. The auditor	118663
shall view and appraise or cause to be viewed and appraised at its	118664
true value in money, each lot or parcel of real estate, including	118665
land devoted exclusively to agricultural use, and the improvements	118666
located thereon at least once in each six-year period and the	118667
taxable values required to be derived therefrom shall be placed on	118668
the auditor's tax list and the county treasurer's duplicate for	118669
the tax year ordered by the commissioner pursuant to section	118670
5715.34 of the Revised Code. The commissioner may grant an	118671
extension of one year or less if the commissioner finds that good	118672
cause exists for the extension. When the auditor so views and	118673
appraises, the auditor may enter each structure located thereon to	118674
determine by actual view what improvements have been made therein	118675
or additions made thereto since the next preceding valuation. The	118676
auditor shall revalue and assess at any time all or any part of	118677
the real estate in such county, including land devoted exclusively	118678
to agricultural use, where the auditor finds that the true or	118679
taxable values thereof have changed, and when a conservation	118680
easement is created under sections 5301.67 to 5301.70 of the	118681
Revised Code. The auditor may increase or decrease the true or	118682
taxable value of any lot or parcel of real estate in any township,	118683
municipal corporation, or other taxing district by an amount which	118684
will cause all real property on the tax list to be valued as	118685
required by law, or the auditor may increase or decrease the	118686
aggregate value of all real property, or any class of real	118687
property, in the county, township, municipal corporation, or other	118688
taxing district, or in any ward or other division of a municipal	118689
corporation by a per cent or amount which will cause all property	118690
to be properly valued and assessed for taxation in accordance with	118691
Section 36, Article II, Section 2, Article XII, Ohio Constitution,	118692
this section, and sections 5713.03, 5713.31, and 5715.01 of the	118693
Revised Code.	118694

(C) When the auditor determines to reappraise all the real	118695
estate in the county or any class thereof, when the tax	118696
commissioner orders an increase in the aggregate true or taxable	118697
value of the real estate in any taxing subdivision, or when the	118698
taxable value of real estate is increased by the application of a	118699
uniform taxable value per cent of true value pursuant to the order	118700
of the commissioner, the auditor shall advertise the completion of	118701
the reappraisal or equalization action in a newspaper of general	118702
circulation in the county once a week for the three consecutive	118703
weeks next preceding the issuance of the tax bills, or as provided	118704
in section 7.16 of the Revised Code for the two consecutive weeks	118705
next preceding the issuance of the tax bills. When the auditor	118706
changes the true or taxable value of any individual parcels of	118707
real estate, the auditor shall notify the owner of the real	118708
estate, or the person in whose name the same stands charged on the	118709
duplicate, by mail or in person, of the changes the auditor has	118710
made in the assessments of such property. Such notice shall be	118711
given at least thirty days prior to the issuance of the tax bills.	118712
Failure to receive notice shall not invalidate any proceeding	118713
under this section.	118714

(D) The auditor shall make the necessary abstracts from books	118715
of the auditor's office containing descriptions of real estate in	118716
such county, together with such platbooks and lists of transfers	118717
of title to land as the auditor deems necessary in the performance	118718
of the auditor's duties in valuing such property for taxation.	118719
Such abstracts, platbooks, and lists shall be in such form and	118720
detail as the tax commissioner prescribes.	118721

(E) The auditor, with the approval of the tax commissioner,	118722
may appoint and employ such experts, deputies, clerks, or other	118723
employees as the auditor deems necessary to the performance of the	118724
auditor's duties as assessor, or, with the approval of the tax	118725
commissioner, the auditor may enter into a contract with an	118726
individual, partnership, firm, company, or corporation to do all	118727
or any part of the work; the amount to be expended in the payment	118728
of the compensation of such employees shall be fixed by the board	118729
of county commissioners. If, in the opinion of the auditor, the	118730
board of county commissioners fails to provide a sufficient amount	118731
for the compensation of such employees, the auditor may apply to	118732
the tax commissioner for an additional allowance, and the	118733
additional amount of compensation allowed by the commissioner	118734
shall be certified to the board of county commissioners, and the	118735
same shall be final. The salaries and compensation of such	118736
experts, deputies, clerks, and employees shall be paid upon the	118737
warrant of the auditor out of the general fund or the real estate	118738
assessment fund of the county, or both. If the salaries and	118739
compensation are in whole or in part fixed by the commissioner,	118740
they shall constitute a charge against the county regardless of	118741
the amount of money in the county treasury levied or appropriated	118742
for such purposes.	118743

(F) Any contract for goods or services related to the	118744
auditor's duties as assessor, including contracts for mapping,	118745
computers, and reproduction on any medium of any documents,	118746
records, photographs, microfiche, or magnetic tapes, but not	118747
including contracts for the professional services of an appraiser,	118748
shall be awarded pursuant to the competitive bidding procedures	118749
set forth in sections 307.86 to 307.92 of the Revised Code and	118750
shall be paid for, upon the warrant of the auditor, from the real	118751
estate assessment fund.	118752

(G) Experts, deputies, clerks, and other employees, in	118753
addition to their other duties, shall perform such services as the	118754
auditor directs in ascertaining such facts, description, location,	118755
character, dimensions of buildings and improvements, and other	118756
circumstances reflecting upon the value of real estate as will aid	118757
the auditor in fixing its true and taxable value and, in the case	118758
of land valued in accordance with section 5713.31 of the Revised	118759
Code, its current agricultural use value. The auditor may also	118760
summon and examine any person under oath in respect to any matter	118761
pertaining to the value of any real property within the county.	118762

Sec. 5715.17. When the county board of revision has	118763
completed its work of equalization and transmitted the returns to	118764
~~him~~the county auditor, the ~~county~~ auditor shall give notice by	118765
advertising in ~~two newspapers of opposite politics published in~~	118766
~~and~~a newspaper of general circulation throughout the county that	118767
the tax returns for the current year have been revised and the	118768
valuations have been completed and are open for public inspection	118769
in ~~his~~the auditor's office, and that complaints against any	118770
valuation or assessment, except the valuations fixed and	118771
assessments made by the department of taxation, will be heard by	118772
the board, stating in the notice the time and place of the meeting	118773
of such board. Such advertisement shall be inserted in a	118774
conspicuous place in ~~each~~ such newspaper and be published daily	118775
for ten days~~, unless there is no daily newspaper published in and~~	118776
~~of general circulation throughout such county, in which event such~~	118777
~~advertisement shall be so published once each week for two weeks~~	118778
or as provided in section 7.16 of the Revised Code.	118779

The auditor shall, upon request, furnish to any person a	118780
certificate setting forth the assessment and valuation of any	118781
tract, lot, or parcel of real estate or any specific personal	118782
property, and mail the same when requested to do so upon receipt	118783
of sufficient postage.	118784

The auditor shall furnish notice to boards of education of	118785
school districts within the county of all hearings, and the	118786
results of such hearings, held in regard to the reduction or	118787
increasing of tax valuations in excess of one hundred thousand	118788
dollars directly affecting the revenue of such district.	118789

Sec. 5715.23. Annually, immediately after the county board	118790
of revision has acted upon the assessments for the current year as	118791
required under section 5715.16 of the Revised Code and the county	118792
auditor has given notice by advertisement in ~~two newspapers~~a	118793
newspaper of general circulation in the county that the valuations	118794
have been revised and are open for public inspection as provided	118795
in section 5715.17 of the Revised Code, each auditor shall make	118796
out and transmit to the tax commissioner an abstract of the real	118797
property of each taxing district in ~~his~~the auditor's county, in	118798
which hethe auditor shall set forth the aggregate amount and	118799
valuation of each class of real property in such county and in	118800
each taxing district therein as it appears on ~~his~~the auditor's	118801
tax list or the statements and returns on file in ~~his~~the	118802
auditor's office and an abstract of the current year's true value	118803
of land valued for such year under section 5713.31 of the Revised	118804
Code as it appears in the current year's agricultural land tax	118805
list.	118806

Sec. 5715.26. (A)(1) Upon receiving the statement required	118807
by section 5715.25 of the Revised Code, the county auditor shall	118808
forthwith add to or deduct from each tract, lot, or parcel of real	118809
property or class of real property the required percentage or	118810
amount of the valuation thereof, adding or deducting any sum less	118811
than five dollars so that the value of any separate tract, lot, or	118812
parcel of real property shall be ten dollars or some multiple	118813
thereof.	118814

(2) After making the additions or deductions required by this	118815
section, the auditor shall transmit to the tax commissioner the	118816
appropriate adjusted abstract of the real property of each taxing	118817
district in the auditor's county in which an adjustment was	118818
required.	118819

(3) If the commissioner increases or decreases the aggregate	118820
value of the real property or any class thereof in any county or	118821
taxing district thereof and does not receive within ninety days	118822
thereafter an adjusted abstract conforming to its statement for	118823
such county or taxing district therein, the commissioner shall	118824
withhold from such county or taxing district therein fifty per	118825
cent of its share in the distribution of state revenues to local	118826
governments pursuant to sections 5747.50 to 5747.55 of the Revised	118827
Code and shall direct the department of education to withhold	118828
therefrom fifty per cent of state revenues to school districts	118829
pursuant to ~~Chapters 3306. and~~Chapter 3317. of the Revised Code.	118830
The commissioner shall withhold the distribution of such funds	118831
until such county auditor has complied with this division, and the	118832
department shall withhold the distribution of such funds until the	118833
commissioner has notified the department that such county auditor	118834
has complied with this division.	118835

(B)(1) If the commissioner's determination is appealed under	118836
section 5715.251 of the Revised Code, the county auditor,	118837
treasurer, and all other officers shall forthwith proceed with the	118838
levy and collection of the current year's taxes in the manner	118839
prescribed by law. The taxes shall be determined and collected as	118840
if the commissioner had determined under section 5715.24 of the	118841
Revised Code that the real property and the various classes	118842
thereof in the county as shown in the auditor's abstract were	118843
assessed for taxation and the true and agricultural use values	118844
were recorded on the agricultural land tax list as required by	118845
law.	118846

(2) If as a result of the appeal to the board it is finally	118847
determined either that all real property and the various classes	118848
thereof have not been assessed as required by law or that the	118849
values set forth in the agricultural land tax list do not	118850
correctly reflect the true and agricultural use values of the	118851
lands contained therein, the county auditor shall forthwith add to	118852
or deduct from each tract, lot, or parcel of real property or	118853
class of real property the required percentage or amount of the	118854
valuation in accordance with the order of the board or judgment of	118855
the court to which the board's order was appealed, and the taxes	118856
on each tract, lot, or parcel and the percentages required by	118857
section 319.301 of the Revised Code shall be recomputed using the	118858
valuation as finally determined. The order or judgment making the	118859
final determination shall prescribe the time and manner for	118860
collecting, crediting, or refunding the resultant increases or	118861
decreases in taxes.	118862

Sec. 5719.04. (A) Immediately after each settlement required	118863
by division (D) of section 321.24 of the Revised Code the county	118864
auditor shall make a tax list and duplicates thereof of all	118865
general personal and classified property taxes remaining unpaid,	118866
as shown by the county treasurer's books and the list of taxes	118867
returned as delinquent by the treasurer to the auditor at such	118868
settlement. The county auditor shall also include in such list all	118869
taxes assessed by the tax commissioner pursuant to law which were	118870
not charged upon the tax lists and duplicates on which such	118871
settlements were made nor previously charged upon a delinquent tax	118872
list and duplicates pursuant to this section, but the auditor	118873
shall not include taxes specifically excepted from collection	118874
pursuant to section 5711.32 of the Revised Code. Such tax list and	118875
duplicates shall contain the name of the person charged and the	118876
amount of such taxes, and the penalty, due and unpaid, and shall	118877
set forth separately the amount charged or chargeable on the	118878
general and on the classified list and duplicate. The auditor	118879
shall deliver one such duplicate to the treasurer on the first day	118880
of December, annually. Upon receipt of the duplicate the treasurer	118881
may prepare and mail tax bills to all persons charged with such	118882
delinquent taxes. Each bill shall include a notice that the	118883
interest charge prescribed by section 5719.041 of the Revised Code	118884
has begun to accrue.	118885

The auditor shall cause a copy of the delinquent personal and	118886
classified property tax list and duplicate provided for in this	118887
division to be published twice within sixty days after delivery of	118888
such duplicate to the treasurer in a newspaper ~~published in the~~	118889
~~English language in the county and~~ of general circulation ~~therein;~~	118890
~~provided that before~~in the county. The newspaper shall meet the	118891
requirements of section 7.12 of the Revised Code. The auditor may	118892
publish the tax list on a pre-printed insert in the newspaper. The	118893
cost of the second publication of the list shall not exceed	118894
three-fourths of the cost of the first publication of the list.	118895

Before such publication, the auditor shall cause a display	118896
notice of the forthcoming publication of such delinquent personal	118897
and classified property tax list to be inserted once a week for	118898
two consecutive weeks in a newspaper ~~published in the English~~	118899
~~language in the county and~~ of general circulation ~~therein~~in the	118900
county. Copy for such display notice shall be furnished by the	118901
auditor to the newspaper selected to publish such delinquent tax	118902
lists simultaneously with the delivery of the duplicate to the	118903
treasurer. ~~If there is only one newspaper published in the county,~~	118904
~~such display notice and delinquent personal and classified~~	118905
~~property tax lists shall be published in it.~~ Publication of the	118906
delinquent lists may be made by a newspaper in installments,	118907
provided that complete publication thereof is made twice during	118908
said sixty-day period.	118909

The office of the county treasurer shall be kept open to	118910
receive the payment of delinquent general and classified property	118911
taxes from the day of delivery of the duplicate thereof until the	118912
final publication of the delinquent tax list. The name of any	118913
taxpayer who prior to seven days before either the first or second	118914
publication of said list pays such taxes in full or enters into a	118915
delinquent tax contract to pay such taxes in installments pursuant	118916
to section 5719.05 of the Revised Code shall be stricken from such	118917
list, and the taxpayer's name shall not be included in the list	118918
for that publication.	118919

The other such duplicate, from which shall first be	118920
eliminated the names of persons whose total liability for taxes	118921
and penalty is less than one hundred dollars, shall be filed by	118922
the auditor on the first day of December, annually, in the office	118923
of the county recorder, and the same shall constitute a notice of	118924
lien and operate as of the date of delivery as a lien on the lands	118925
and tenements, vested legal interests therein, and permanent	118926
leasehold estates of each person named therein having such real	118927
estate in such county. Such notice of lien and such lien shall not	118928
be valid as against any mortgagee, pledgee, purchaser, or judgment	118929
creditor whose rights have attached prior to the date of such	118930
delivery. Such duplicate shall be kept by the recorder, designated	118931
as the personal tax lien record, and indexed under the name of the	118932
person charged with such tax. No fee shall be charged by the	118933
recorder for the services required under this section.	118934

The auditor shall add to the tax list made pursuant to this	118935
section all such taxes omitted in a previous year when assessed by	118936
the auditor or finally assessed by the tax commissioner pursuant	118937
to law, and by proper certificates cause the same to be added to	118938
the treasurer's delinquent tax duplicate provided for in this	118939
section, and, in proper cases, file notice of the lien with the	118940
recorder, as provided in this section.	118941

If the authority making any assessment believes that the	118942
collection of such taxes will be jeopardized by delay, such	118943
assessing authority shall so certify on the assessment certificate	118944
thereof, and the auditor shall include a certificate of such	118945
jeopardy in the certificate given by the auditor to the treasurer.	118946
In such event the treasurer shall proceed immediately to collect	118947
such taxes, and to enforce the collection thereof by any means	118948
provided by law, and the treasurer may not accept a tender of any	118949
part of such taxes; but the person or the representatives of the	118950
person against whom such assessment is made may, in the event of	118951
an appeal to the tax commissioner therefrom, obtain a stay of	118952
collection of the whole or any part of the amount of such	118953
assessment by filing with the treasurer a bond in an amount not	118954
exceeding double the amount as to which the stay is desired, with	118955
such surety as the treasurer deems necessary, conditioned upon the	118956
payment of the amount determined to be due by the decision of the	118957
commissioner which has become final, and further conditioned that	118958
if an appeal is not filed within the period provided by law, the	118959
amount of collection which is stayed by the bond will be paid on	118960
notice and demand of the treasurer at any time after the	118961
expiration of such period. The taxpayer may waive such stay as to	118962
the whole or any part of the amount covered by the bond, and if as	118963
the result of such waiver any part of the amount covered by the	118964
bond is paid, then the bond shall be proportionately reduced on	118965
the request of the taxpayer.	118966

(B) Immediately after each settlement required by division	118967
(D) of section 321.24 of the Revised Code the auditor shall make a	118968
separate list and duplicate, prepared as prescribed in division	118969
(A) of this section, of all general personal and classified	118970
property taxes that remain unpaid but are excepted from collection	118971
pursuant to section 5711.32 of the Revised Code. The duplicate of	118972
such list shall be delivered to the treasurer at the time of	118973
delivery of the delinquent personal and classified property tax	118974
duplicate.	118975

Sec. 5721.01. (A) As used in this chapter:

118976

(1) "Delinquent lands" means all lands upon which delinquent	118977
taxes, as defined in section 323.01 of the Revised Code, remain	118978
unpaid at the time a settlement is made between the county	118979
treasurer and auditor pursuant to division (C) of section 321.24	118980
of the Revised Code.	118981

(2) "Delinquent vacant lands" means all lands that have been	118982
delinquent lands for at least one year and that are unimproved by	118983
any dwelling.	118984

(3) "County land reutilization corporation" means a county	118985
land reutilization corporation organized under Chapter 1724. of	118986
the Revised Code.	118987

(B) As used in sections 5719.04, 5721.03, and 5721.31 of the	118988
Revised Code and in any other sections of the Revised Code to	118989
which those sections are applicable, a "newspaper" or "newspaper	118990
of general circulation ~~shall be a publication bearing a title or~~	118991
~~name, regularly issued as frequently as once a week for a definite~~	118992
~~price or consideration paid for by not less than fifty per cent of~~	118993
~~those to whom distribution is made, having a second class mailing~~	118994
~~privilege, being not less than four pages, published continuously~~	118995
~~during the immediately preceding one-year period, and circulated~~	118996
~~generally in the political subdivision in which it is published.~~	118997
~~Such publication shall be of a type to which the general public~~	118998
~~resorts for passing events of a political, religious, commercial,~~	118999
~~and social nature, current happenings, announcements,~~	119000
~~miscellaneous reading matter, advertisements, and other notices~~"	119001
has the same meaning as in section 7.12 of the Revised Code.	119002

Sec. 5721.03. (A) At the time of making the delinquent land	119003
list, as provided in section 5721.011 of the Revised Code, the	119004
county auditor shall compile a delinquent tax list consisting of	119005
all lands on the delinquent land list on which taxes have become	119006
delinquent at the close of the collection period immediately	119007
preceding the making of the delinquent land list. The auditor	119008
shall also compile a delinquent vacant land tax list of all	119009
delinquent vacant lands prior to the institution of any	119010
foreclosure and forfeiture actions against delinquent vacant lands	119011
under section 5721.14 of the Revised Code or any foreclosure	119012
actions against delinquent vacant lands under section 5721.18 of	119013
the Revised Code.	119014

The delinquent tax list, and the delinquent vacant land tax	119015
list if one is compiled, shall contain all of the information	119016
included on the delinquent land list, except that, if the	119017
auditor's records show that the name of the person in whose name	119018
the property currently is listed is not the name that appears on	119019
the delinquent land list, the name used in the delinquent tax list	119020
or the delinquent vacant land tax list shall be the name of the	119021
person the auditor's records show as the person in whose name the	119022
property currently is listed.	119023

Lands that have been included in a previously published	119024
delinquent tax list shall not be included in the delinquent tax	119025
list so long as taxes have remained delinquent on such lands for	119026
the entire intervening time.	119027

In either list, there may be included lands that have been	119028
omitted in error from a prior list and lands with respect to which	119029
the auditor has received a certification that a delinquent tax	119030
contract has become void since the publication of the last	119031
previously published list, provided the name of the owner was	119032
stricken from a prior list under section 5721.02 of the Revised	119033
Code.	119034

(B)(1) The auditor shall cause the delinquent tax list and	119035
the delinquent vacant land tax list, if one is compiled, to be	119036
published twice within sixty days after the delivery of the	119037
delinquent land duplicate to the county treasurer, in a newspaper	119038
of general circulation in the county. The newspaper shall meet the	119039
requirements of section 7.12 of the Revised Code. The ~~publication~~	119040
~~shall be printed in the English language~~auditor may publish the	119041
list or lists on a pre-printed insert in the newspaper. The cost	119042
of the second publication of the list or lists shall not exceed	119043
three-fourths of the cost of the first publication of the list or	119044
lists.	119045

The auditor shall insert display notices of the forthcoming	119046
publication of the delinquent tax list and, if it is to be	119047
published, the delinquent vacant land tax list once a week for two	119048
consecutive weeks in a newspaper of general circulation in the	119049
county. The display notices shall contain the times and methods of	119050
payment of taxes provided by law, including information concerning	119051
installment payments made in accordance with a written delinquent	119052
tax contract. The display notice for the delinquent tax list also	119053
shall include a notice that an interest charge will accrue on	119054
accounts remaining unpaid after the last day of November unless	119055
the taxpayer enters into a written delinquent tax contract to pay	119056
such taxes in installments. The display notice for the delinquent	119057
vacant land tax list if it is to be published also shall include a	119058
notice that delinquent vacant lands in the list are lands on which	119059
taxes have remained unpaid for one year after being certified	119060
delinquent, and that they are subject to foreclosure proceedings	119061
as provided in section 323.25, sections 323.65 to 323.79, or	119062
section 5721.18 of the Revised Code, or foreclosure and forfeiture	119063
proceedings as provided in section 5721.14 of the Revised Code.	119064
Each display notice also shall state that the lands are subject to	119065
a tax certificate sale under section 5721.32 or 5721.33 of the	119066
Revised Code or assignment to a county land reutilization	119067
corporation, as the case may be, and shall include any other	119068
information that the auditor considers pertinent to the purpose of	119069
the notice. The display notices shall be furnished by the auditor	119070
to the ~~newspapers~~newspaper selected to publish the lists at	119071
least ten days before their first publication.	119072

(2) Publication of the list or lists may be made by a	119073
newspaper in installments, provided the complete publication of	119074
each list is made twice during the sixty-day period.	119075

(3) There shall be attached to the delinquent tax list a	119076
notice that the delinquent lands will be certified for foreclosure	119077
by the auditor unless the taxes, assessments, interest, and	119078
penalties due and owing on them are paid. There shall be attached	119079
to the delinquent vacant land tax list, if it is to be published,	119080
a notice that delinquent vacant lands will be certified for	119081
foreclosure or foreclosure and forfeiture by the auditor unless	119082
the taxes, assessments, interest, and penalties due and owing on	119083
them are paid within twenty-eight days after the final publication	119084
of the notice.	119085

(4) The auditor shall review the first publication of each	119086
list for accuracy and completeness and may correct any errors	119087
appearing in the list in the second publication.	119088

(C) For the purposes of section 5721.18 of the Revised Code,	119089
land is first certified delinquent on the date of the	119090
certification of the delinquent land list containing that land.	119091

Sec. 5721.04. The proper and necessary expenses of	119092
publishing the delinquent tax lists, delinquent vacant land tax	119093
lists, and display notices provided for by sections 5719.04 and	119094
5721.03 of the Revised Code shall be paid from the county treasury	119095
as county expenses are paid, and the board of county commissioners	119096
shall make provision for them in the annual budget of the county	119097
submitted to the budget commission, and shall make the necessary	119098
appropriations. If the board fails to make such appropriations, or	119099
if an appropriation is insufficient to meet such an expense, any	119100
person interested may apply to the court of common pleas of the	119101
county for an allowance to cover the expense, and the court shall	119102
issue an order instructing the county auditor to issue ~~his~~a	119103
warrant upon the county treasurer for the amount necessary. The	119104
order by the court shall be final and shall be complied with	119105
immediately.	119106

The aggregate amount paid ~~shall~~for publication may be	119107
apportioned by the county auditor among the taxing districts in	119108
which the lands on each list are located in proportion to the	119109
amount of delinquent taxes so advertised in such subdivision, or	119110
the county auditor may charge the property owner of land on a list	119111
a flat fee established under section 319.54 of the Revised Code	119112
for the cost of publishing the list and, if the fee is not paid,	119113
may place the fee upon the tax duplicate as a lien on the land, to	119114
be collected as other taxes. Thereafter, the auditor, in making	119115
~~his~~the auditor's semiannual apportionment of funds, shall retain	119116
at each semiannual apportionment one half the amount apportioned	119117
to each such taxing district. The amounts retained shall be	119118
credited to the general fund of the county until the aggregate of	119119
all amounts paid in the first instance out of the treasury have	119120
been fully reimbursed.	119121

Sec. 5721.18. The county prosecuting attorney, upon the	119122
delivery to the prosecuting attorney by the county auditor of a	119123
delinquent land or delinquent vacant land tax certificate, or of a	119124
master list of delinquent or delinquent vacant tracts, shall	119125
institute a foreclosure proceeding under this section in the name	119126
of the county treasurer to foreclose the lien of the state, in any	119127
court with jurisdiction or in the county board of revision with	119128
jurisdiction pursuant to section 323.66 of the Revised Code,	119129
unless the taxes, assessments, charges, penalties, and interest	119130
are paid prior to the time a complaint is filed, or unless a	119131
foreclosure or foreclosure and forfeiture action has been or will	119132
be instituted under section 323.25, sections 323.65 to 323.79, or	119133
section 5721.14 of the Revised Code. If the delinquent land or	119134
delinquent vacant land tax certificate or the master list of	119135
delinquent or delinquent vacant tracts lists minerals or rights to	119136
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06	119137
of the Revised Code, the county prosecuting attorney may institute	119138
a foreclosure proceeding in the name of the county treasurer, in	119139
any court with jurisdiction, to foreclose the lien of the state	119140
against such minerals or rights to minerals, unless the taxes,	119141
assessments, charges, penalties, and interest are paid prior to	119142
the time the complaint is filed, or unless a foreclosure or	119143
foreclosure and forfeiture action has been or will be instituted	119144
under section 323.25, sections 323.65 to 323.79, or section	119145
5721.14 of the Revised Code.	119146

The prosecuting attorney shall prosecute the proceeding to	119147
final judgment and satisfaction. Within ten days after obtaining a	119148
judgment, the prosecuting attorney shall notify the treasurer in	119149
writing that judgment has been rendered. If there is a copy of a	119150
written delinquent tax contract attached to the certificate or an	119151
asterisk next to an entry on the master list, or if a copy of a	119152
delinquent tax contract is received from the auditor prior to the	119153
commencement of the proceeding under this section, the prosecuting	119154
attorney shall not institute the proceeding under this section,	119155
unless the prosecuting attorney receives a certification of the	119156
treasurer that the delinquent tax contract has become void.	119157

(A) This division applies to all foreclosure proceedings not	119158
instituted and prosecuted under section 323.25 of the Revised Code	119159
or division (B) or (C) of this section. The foreclosure	119160
proceedings shall be instituted and prosecuted in the same manner	119161
as is provided by law for the foreclosure of mortgages on land,	119162
except that, if service by publication is necessary, such	119163
publication shall be made once a week for three consecutive weeks	119164
instead of as provided by the Rules of Civil Procedure, and the	119165
service shall be complete at the expiration of three weeks after	119166
the date of the first publication. In any proceeding prosecuted	119167
under this section, if the prosecuting attorney determines that	119168
service upon a defendant may be obtained ultimately only by	119169
publication, the prosecuting attorney may cause service to be made	119170
simultaneously by certified mail, return receipt requested,	119171
ordinary mail, and publication.	119172

In any county that has adopted a permanent parcel number	119173
system, the parcel may be described in the notice by parcel number	119174
only, instead of also with a complete legal description, if the	119175
prosecuting attorney determines that the publication of the	119176
complete legal description is not necessary to provide reasonable	119177
notice of the foreclosure proceeding to the interested parties. If	119178
the complete legal description is not published, the notice shall	119179
indicate where the complete legal description may be obtained.	119180

It is sufficient, having been made a proper party to the	119181
foreclosure proceeding, for the treasurer to allege in the	119182
treasurer's complaint that the certificate or master list has been	119183
duly filed by the auditor, that the amount of money appearing to	119184
be due and unpaid is due and unpaid, and that there is a lien	119185
against the property described in the certificate or master list,	119186
without setting forth in the complaint any other or special matter	119187
relating to the foreclosure proceeding. The prayer of the	119188
complaint shall be that the court or the county board of revision	119189
with jurisdiction pursuant to section 323.66 of the Revised Code	119190
issue an order that the property be sold or conveyed by the	119191
sheriff or otherwise be disposed of, and the equity of redemption	119192
be extinguished, according to the alternative redemption	119193
procedures prescribed in sections 323.65 to 323.79 of the Revised	119194
Code, or if the action is in the municipal court by the bailiff,	119195
in the manner provided in section 5721.19 of the Revised Code.	119196

In the foreclosure proceeding, the treasurer may join in one	119197
action any number of lots or lands, but the decree shall be	119198
rendered separately, and any proceedings may be severed, in the	119199
discretion of the court or board of revision, for the purpose of	119200
trial or appeal, and the court or board of revision shall make	119201
such order for the payment of costs as is considered proper. The	119202
certificate or master list filed by the auditor with the	119203
prosecuting attorney is prima-facie evidence at the trial of the	119204
foreclosure action of the amount and validity of the taxes,	119205
assessments, charges, penalties, and interest appearing due and	119206
unpaid and of their nonpayment.	119207

(B) Foreclosure proceedings constituting an action in rem may	119208
be commenced by the filing of a complaint after the end of the	119209
second year from the date on which the delinquency was first	119210
certified by the auditor. Prior to filing such an action in rem,	119211
the prosecuting attorney shall cause a title search to be	119212
conducted for the purpose of identifying any lienholders or other	119213
persons with interests in the property subject to foreclosure.	119214
Following the title search, the action in rem shall be instituted	119215
by filing in the office of the clerk of a court with jurisdiction	119216
a complaint bearing a caption substantially in the form set forth	119217
in division (A) of section 5721.181 of the Revised Code.	119218

Any number of parcels may be joined in one action. Each	119219
separate parcel included in a complaint shall be given a serial	119220
number and shall be separately indexed and docketed by the clerk	119221
of the court in a book kept by the clerk for such purpose. A	119222
complaint shall contain the permanent parcel number of each parcel	119223
included in it, the full street address of the parcel when	119224
available, a description of the parcel as set forth in the	119225
certificate or master list, the name and address of the last known	119226
owner of the parcel if they appear on the general tax list, the	119227
name and address of each lienholder and other person with an	119228
interest in the parcel identified in the title search relating to	119229
the parcel that is required by this division, and the amount of	119230
taxes, assessments, charges, penalties, and interest due and	119231
unpaid with respect to the parcel. It is sufficient for the	119232
treasurer to allege in the complaint that the certificate or	119233
master list has been duly filed by the auditor with respect to	119234
each parcel listed, that the amount of money with respect to each	119235
parcel appearing to be due and unpaid is due and unpaid, and that	119236
there is a lien against each parcel, without setting forth any	119237
other or special matters. The prayer of the complaint shall be	119238
that the court issue an order that the land described in the	119239
complaint be sold in the manner provided in section 5721.19 of the	119240
Revised Code.	119241

(1) Within thirty days after the filing of a complaint, the	119242
clerk of the court in which the complaint was filed shall cause a	119243
notice of foreclosure substantially in the form of the notice set	119244
forth in division (B) of section 5721.181 of the Revised Code to	119245
be published once a week for three consecutive weeks in a	119246
newspaper of general circulation in the county. The newspaper	119247
shall meet the requirements of section 7.12 of the Revised Code.	119248
In any county that has adopted a permanent parcel number system,	119249
the parcel may be described in the notice by parcel number only,	119250
instead of also with a complete legal description, if the	119251
prosecuting attorney determines that the publication of the	119252
complete legal description is not necessary to provide reasonable	119253
notice of the foreclosure proceeding to the interested parties. If	119254
the complete legal description is not published, the notice shall	119255
indicate where the complete legal description may be obtained.	119256

After the third publication, the publisher shall file with	119257
the clerk of the court an affidavit stating the fact of the	119258
publication and including a copy of the notice of foreclosure as	119259
published. Service of process for purposes of the action in rem	119260
shall be considered as complete on the date of the last	119261
publication.	119262

Within thirty days after the filing of a complaint and before	119263
the final date of publication of the notice of foreclosure, the	119264
clerk of the court also shall cause a copy of a notice	119265
substantially in the form of the notice set forth in division (C)	119266
of section 5721.181 of the Revised Code to be mailed by certified	119267
mail, with postage prepaid, to each person named in the complaint	119268
as being the last known owner of a parcel included in it, or as	119269
being a lienholder or other person with an interest in a parcel	119270
included in it. The notice shall be sent to the address of each	119271
such person, as set forth in the complaint, and the clerk shall	119272
enter the fact of such mailing upon the appearance docket. If the	119273
name and address of the last known owner of a parcel included in a	119274
complaint is not set forth in it, the auditor shall file an	119275
affidavit with the clerk stating that the name and address of the	119276
last known owner does not appear on the general tax list.	119277

(2)(a) An answer may be filed in an action in rem under this	119278
division by any person owning or claiming any right, title, or	119279
interest in, or lien upon, any parcel described in the complaint.	119280
The answer shall contain the caption and number of the action and	119281
the serial number of the parcel concerned. The answer shall set	119282
forth the nature and amount of interest claimed in the parcel and	119283
any defense or objection to the foreclosure of the lien of the	119284
state for delinquent taxes, assessments, charges, penalties, and	119285
interest as shown in the complaint. The answer shall be filed in	119286
the office of the clerk of the court, and a copy of the answer	119287
shall be served on the prosecuting attorney, not later than	119288
twenty-eight days after the date of final publication of the	119289
notice of foreclosure. If an answer is not filed within such time,	119290
a default judgment may be taken as to any parcel included in a	119291
complaint as to which no answer has been filed. A default judgment	119292
is valid and effective with respect to all persons owning or	119293
claiming any right, title, or interest in, or lien upon, any such	119294
parcel, notwithstanding that one or more of such persons are	119295
minors, incompetents, absentees or nonresidents of the state, or	119296
convicts in confinement.	119297

(b)(i) A receiver appointed pursuant to divisions (C)(2) and	119298
(3) of section 3767.41 of the Revised Code may file an answer	119299
pursuant to division (B)(2)(a) of this section, but is not	119300
required to do so as a condition of receiving proceeds in a	119301
distribution under division (B)(1) of section 5721.17 of the	119302
Revised Code.	119303

(ii) When a receivership under section 3767.41 of the Revised	119304
Code is associated with a parcel, the notice of foreclosure set	119305
forth in division (B) of section 5721.181 of the Revised Code and	119306
the notice set forth in division (C) of that section shall be	119307
modified to reflect the provisions of division (B)(2)(b)(i) of	119308
this section.	119309

(3) At the trial of an action in rem under this division, the	119310
certificate or master list filed by the auditor with the	119311
prosecuting attorney shall be prima-facie evidence of the amount	119312
and validity of the taxes, assessments, charges, penalties, and	119313
interest appearing due and unpaid on the parcel to which the	119314
certificate or master list relates and their nonpayment. If an	119315
answer is properly filed, the court may, in its discretion, and	119316
shall, at the request of the person filing the answer, grant a	119317
severance of the proceedings as to any parcel described in such	119318
answer for purposes of trial or appeal.	119319

(C) In addition to the actions in rem authorized under	119320
division (B) of this section and section 5721.14 of the Revised	119321
Code, an action in rem may be commenced under this division. An	119322
action commenced under this division shall conform to all of the	119323
requirements of division (B) of this section except as follows:	119324

(1) The prosecuting attorney shall not cause a title search	119325
to be conducted for the purpose of identifying any lienholders or	119326
other persons with interests in the property subject to	119327
foreclosure, except that the prosecuting attorney shall cause a	119328
title search to be conducted to identify any receiver's lien.	119329

(2) The names and addresses of lienholders and persons with	119330
an interest in the parcel shall not be contained in the complaint,	119331
and notice shall not be mailed to lienholders and persons with an	119332
interest as provided in division (B)(1) of this section, except	119333
that the name and address of a receiver under section 3767.41 of	119334
the Revised Code shall be contained in the complaint and notice	119335
shall be mailed to the receiver.	119336

(3) With respect to the forms applicable to actions commenced	119337
under division (B) of this section and contained in section	119338
5721.181 of the Revised Code:	119339

(a) The notice of foreclosure prescribed by division (B) of	119340
section 5721.181 of the Revised Code shall be revised to exclude	119341
any reference to the inclusion of the name and address of each	119342
lienholder and other person with an interest in the parcel	119343
identified in a statutorily required title search relating to the	119344
parcel, and to exclude any such names and addresses from the	119345
published notice, except that the revised notice shall refer to	119346
the inclusion of the name and address of a receiver under section	119347
3767.41 of the Revised Code and the published notice shall include	119348
the receiver's name and address. The notice of foreclosure also	119349
shall include the following in boldface type:	119350

"If pursuant to the action the parcel is sold, the sale shall	119351
not affect or extinguish any lien or encumbrance with respect to	119352
the parcel other than a receiver's lien and other than the lien	119353
for land taxes, assessments, charges, interest, and penalties for	119354
which the lien is foreclosed and in satisfaction of which the	119355
property is sold. All other liens and encumbrances with respect to	119356
the parcel shall survive the sale."	119357

(b) The notice to the owner, lienholders, and other persons	119358
with an interest in a parcel shall be a notice only to the owner	119359
and to any receiver under section 3767.41 of the Revised Code, and	119360
the last two sentences of the notice shall be omitted.	119361

(4) As used in this division, a "receiver's lien" means the	119362
lien of a receiver appointed pursuant to divisions (C)(2) and (3)	119363
of section 3767.41 of the Revised Code that is acquired pursuant	119364
to division (H)(2)(b) of that section for any unreimbursed	119365
expenses and other amounts paid in accordance with division (F) of	119366
that section by the receiver and for the fees of the receiver	119367
approved pursuant to division (H)(1) of that section.	119368

(D) If the prosecuting attorney determines that an action in	119369
rem under division (B) or (C) of this section is precluded by law,	119370
then foreclosure proceedings shall be filed pursuant to division	119371
(A) of this section, and the complaint in the action in personam	119372
shall set forth the grounds upon which the action in rem is	119373
precluded.	119374

(E) The conveyance by the owner of any parcel against which a	119375
complaint has been filed pursuant to this section at any time	119376
after the date of publication of the parcel on the delinquent tax	119377
list but before the date of a judgment of foreclosure pursuant to	119378
section 5721.19 of the Revised Code shall not nullify the right of	119379
the county to proceed with the foreclosure.	119380

Sec. 5721.19. (A) In its judgment of foreclosure rendered	119381
with respect to actions filed pursuant to section 5721.18 of the	119382
Revised Code, the court or the county board of revision with	119383
jurisdiction pursuant to section 323.66 of the Revised Code shall	119384
enter a finding with respect to each parcel of the amount of the	119385
taxes, assessments, charges, penalties, and interest, and the	119386
costs incurred in the foreclosure proceeding instituted against	119387
it, that are due and unpaid. The court or the county board of	119388
revision shall order such premises to be transferred pursuant to	119389
division (I) of this section or may order each parcel to be sold,	119390
without appraisal, for not less than either of the following:	119391

(1) The fair market value of the parcel, as determined by the	119392
county auditor, plus the costs incurred in the foreclosure	119393
proceeding;	119394

(2) The total amount of the finding entered by the court or	119395
the county board of revision, including all taxes, assessments,	119396
charges, penalties, and interest payable subsequent to the	119397
delivery to the county prosecuting attorney of the delinquent land	119398
tax certificate or master list of delinquent tracts and prior to	119399
the transfer of the deed of the parcel to the purchaser following	119400
confirmation of sale, plus the costs incurred in the foreclosure	119401
proceeding. For purposes of determining such amount, the county	119402
treasurer may estimate the amount of taxes, assessments, interest,	119403
penalties, and costs that will be payable at the time the deed of	119404
the property is transferred to the purchaser.	119405

Notwithstanding the minimum sales price provisions of	119406
divisions (A)(1) and (2) of this section to the contrary, a parcel	119407
sold pursuant to this section shall not be sold for less than the	119408
amount described in division (A)(2) of this section if the highest	119409
bidder is the owner of record of the parcel immediately prior to	119410
the judgment of foreclosure or a member of the following class of	119411
parties connected to that owner: a member of that owner's	119412
immediate family, a person with a power of attorney appointed by	119413
that owner who subsequently transfers the parcel to the owner, a	119414
sole proprietorship owned by that owner or a member of that	119415
owner's immediate family, or a partnership, trust, business trust,	119416
corporation, or association in which the owner or a member of the	119417
owner's immediate family owns or controls directly or indirectly	119418
more than fifty per cent. If a parcel sells for less than the	119419
amount described in division (A)(2) of this section, the officer	119420
conducting the sale shall require the buyer to complete an	119421
affidavit stating that the buyer is not the owner of record	119422
immediately prior to the judgment of foreclosure or a member of	119423
the specified class of parties connected to that owner, and the	119424
affidavit shall become part of the court records of the	119425
proceeding. If the county auditor discovers within three years	119426
after the date of the sale that a parcel was sold to that owner or	119427
a member of the specified class of parties connected to that owner	119428
for a price less than the amount so described, and if the parcel	119429
is still owned by that owner or a member of the specified class of	119430
parties connected to that owner, the auditor within thirty days	119431
after such discovery shall add the difference between that amount	119432
and the sale price to the amount of taxes that then stand charged	119433
against the parcel and is payable at the next succeeding date for	119434
payment of real property taxes. As used in this paragraph,	119435
"immediate family" means a spouse who resides in the same	119436
household and children.	119437

(B) Each parcel affected by the court's finding and order of	119438
sale shall be separately sold, unless the court orders any of such	119439
parcels to be sold together.	119440

Each parcel shall be advertised and sold by the officer to	119441
whom the order of sale is directed in the manner provided by law	119442
for the sale of real property on execution. The advertisement for	119443
sale of each parcel shall be published once a week for three	119444
consecutive weeks and shall include the date on which a second	119445
sale will be conducted if no bid is accepted at the first sale.	119446
Any number of parcels may be included in one advertisement.	119447

The notice of the advertisement shall be substantially in the	119448
form of the notice set forth in section 5721.191 of the Revised	119449
Code. In any county that has adopted a permanent parcel number	119450
system, the parcel may be described in the notice by parcel number	119451
only, instead of also with a complete legal description, if the	119452
prosecuting attorney determines that the publication of the	119453
complete legal description is not necessary to provide reasonable	119454
notice of the foreclosure sale to potential bidders. If the	119455
complete legal description is not published, the notice shall	119456
indicate where the complete legal description may be obtained.	119457

(C)(1) Whenever the officer charged to conduct the sale	119458
offers any parcel for sale the officer first shall read aloud a	119459
complete legal description of the parcel, or in the alternative,	119460
may read aloud only a summary description, including the complete	119461
street address of the parcel, if any, and a parcel number if the	119462
county has adopted a permanent parcel number system and if the	119463
advertising notice prepared pursuant to this section includes a	119464
complete legal description or indicates where the complete legal	119465
description may be obtained. Whenever the officer charged to	119466
conduct the sale offers any parcel for sale and no bids are made	119467
equal to the lesser of the amounts described in divisions (A)(1)	119468
and (2) of this section, the officer shall adjourn the sale of the	119469
parcel to the second date that was specified in the advertisement	119470
of sale. The second date shall be not less than two weeks or more	119471
than six weeks from the day on which the parcel was first offered	119472
for sale. The second sale shall be held at the same place and	119473
commence at the same time as set forth in the advertisement of	119474
sale. The officer shall offer any parcel not sold at the first	119475
sale. Upon the conclusion of any sale, or if any parcel remains	119476
unsold after being offered at two sales, the officer conducting	119477
the sale shall report the results to the court.	119478

(2)(a) If a parcel remains unsold after being offered at two	119479
sales, or one sale in the case of abandoned lands foreclosed under	119480
sections 323.65 to 323.79 of the Revised Code, or if a parcel	119481
sells at any sale but the amount of the price is less than the	119482
costs incurred in the proceeding instituted against the parcel	119483
under section 5721.18 of the Revised Code, then the clerk of the	119484
court shall certify to the county auditor the amount of those	119485
costs that remains unpaid. At the next semiannual apportionment of	119486
real property taxes that occurs following any such certification,	119487
the auditor shall reduce the real property taxes that the auditor	119488
otherwise would distribute to each taxing district. In making the	119489
reductions, the auditor shall subtract from the otherwise	119490
distributable real property taxes to a taxing district an amount	119491
that shall be determined by multiplying the certified costs by a	119492
fraction the numerator of which shall be the amount of the taxes,	119493
assessments, charges, penalties, and interest on the parcel owed	119494
to that taxing district at the time the parcel first was offered	119495
for sale pursuant to this section, and the denominator of which	119496
shall be the total of the taxes, assessments, charges, penalties,	119497
and interest on the parcel owed to all the taxing districts at	119498
that time. The auditor promptly shall pay to the clerk of the	119499
court the amounts of the reductions.	119500

(b) If reductions occur pursuant to division (C)(2)(a) of	119501
this section, and if at a subsequent time a parcel is sold at a	119502
foreclosure sale or a forfeiture sale pursuant to Chapter 5723. of	119503
the Revised Code, then, notwithstanding other provisions of the	119504
Revised Code, except section 5721.17 of the Revised Code,	119505
governing the distribution of the proceeds of a foreclosure or	119506
forfeiture sale, the proceeds first shall be distributed to	119507
reimburse the taxing districts subjected to reductions in their	119508
otherwise distributable real property taxes. The distributions	119509
shall be based on the same proportions used for purposes of	119510
division (C)(2)(a) of this section.	119511

(3) The court, in its discretion, may order any parcel not	119512
sold pursuant to the original order of sale to be advertised and	119513
offered for sale at a subsequent foreclosure sale. For such	119514
purpose, the court may direct the parcel to be appraised and fix a	119515
minimum price for which it may be sold.	119516

(D) Except as otherwise provided in division (B)(1) of	119517
section 5721.17 of the Revised Code, upon the confirmation of a	119518
sale, the proceeds of the sale shall be applied as follows:	119519

(1) The costs incurred in any proceeding filed against the	119520
parcel pursuant to section 5721.18 of the Revised Code shall be	119521
paid first.	119522

(2) Following the payment required by division (D)(1) of this	119523
section, the part of the proceeds that is equal to five per cent	119524
of the taxes and assessments due shall be deposited in equal	119525
shares into each of the delinquent tax and assessment collection	119526
~~fund~~funds created pursuant to section 321.261 of the Revised	119527
Code. If a county land reutilization corporation is operating in	119528
the county, the board of county commissioners, by resolution, may	119529
provide that an additional amount, not to exceed five per cent of	119530
such taxes and assessments, shall be credited to the county land	119531
reutilization corporation fund created by section 321.263 of the	119532
Revised Code to pay for the corporation's expenses. If such a	119533
resolution is in effect, the percentage of such taxes and	119534
assessments so provided shall be credited to that fund.	119535

(3) Following the payment required by division (D)(2) of this	119536
section, the amount found due for taxes, assessments, charges,	119537
penalties, and interest shall be paid, including all taxes,	119538
assessments, charges, penalties, and interest payable subsequent	119539
to the delivery to the county prosecuting attorney of the	119540
delinquent land tax certificate or master list of delinquent	119541
tracts and prior to the transfer of the deed of the parcel to the	119542
purchaser following confirmation of sale. If the proceeds	119543
available for distribution pursuant to division (D)(3) of this	119544
section are sufficient to pay the entire amount of those taxes,	119545
assessments, charges, penalties, and interest, the portion of the	119546
proceeds representing taxes, interest, and penalties shall be paid	119547
to each claimant in proportion to the amount of taxes levied by	119548
the claimant in the preceding tax year, and the amount	119549
representing assessments and other charges shall be paid to each	119550
claimant in the order in which they became due. If the proceeds	119551
are not sufficient to pay that entire amount, the proportion of	119552
the proceeds representing taxes, penalties, and interest shall be	119553
paid to each claimant in the same proportion that the amount of	119554
taxes levied by the claimant against the parcel in the preceding	119555
tax year bears to the taxes levied by all such claimants against	119556
the parcel in the preceding tax year, and the proportion of the	119557
proceeds representing items of assessments and other charges shall	119558
be credited to those items in the order in which they became due.	119559

(E) If the proceeds from the sale of a parcel are	119560
insufficient to pay in full the amount of the taxes, assessments,	119561
charges, penalties, and interest which are due and unpaid; the	119562
costs incurred in the foreclosure proceeding instituted against it	119563
which are due and unpaid; and, if division (B)(1) of section	119564
5721.17 of the Revised Code is applicable, any notes issued by a	119565
receiver pursuant to division (F) of section 3767.41 of the	119566
Revised Code and any receiver's lien as defined in division (C)(4)	119567
of section 5721.18 of the Revised Code, the court, pursuant to	119568
section 5721.192 of the Revised Code, may enter a deficiency	119569
judgment against the owner of record of the parcel for the unpaid	119570
amount. If that owner of record is a corporation, the court may	119571
enter the deficiency judgment against the stockholder holding a	119572
majority of that corporation's stock.	119573

If after distribution of proceeds from the sale of the parcel	119574
under division (D) of this section the amount of proceeds to be	119575
applied to pay the taxes, assessments, charges, penalties,	119576
interest, and costs is insufficient to pay them in full, and the	119577
court does not enter a deficiency judgment against the owner of	119578
record pursuant to this division, the taxes, assessments, charges,	119579
penalties, interest, and costs shall be deemed satisfied.	119580

(F)(1) Upon confirmation of a sale, a spouse of the party	119581
charged with the delinquent taxes or assessments shall thereby be	119582
barred of the right of dower in the property sold, though such	119583
spouse was not a party to the action. No statute of limitations	119584
shall apply to such action. When the land or lots stand charged on	119585
the tax duplicate as certified delinquent, it is not necessary to	119586
make the state a party to the foreclosure proceeding, but the	119587
state shall be deemed a party to such action through and be	119588
represented by the county treasurer.	119589

(2) Except as otherwise provided in divisions (F)(3) and (G)	119590
of this section, unless such land or lots were previously redeemed	119591
pursuant to section 5721.25 of the Revised Code, upon the filing	119592
of the entry of confirmation of any sale or the expiration of the	119593
alternative redemption period as defined in section 323.65 of the	119594
Revised Code, if applicable, the title to such land or lots shall	119595
be incontestable in the purchaser and shall be free and clear of	119596
all liens and encumbrances, except a federal tax lien notice of	119597
which is properly filed in accordance with section 317.09 of the	119598
Revised Code prior to the date that a foreclosure proceeding is	119599
instituted pursuant to division (B) of section 5721.18 of the	119600
Revised Code and the easements and covenants of record running	119601
with the land or lots that were created prior to the time the	119602
taxes or assessments, for the nonpayment of which the land or lots	119603
are sold at foreclosure, became due and payable.	119604

(3) When proceedings for foreclosure are instituted under	119605
division (C) of section 5721.18 of the Revised Code, unless the	119606
land or lots were previously redeemed pursuant to section 5721.25	119607
of the Revised Code or before the expiration of the alternative	119608
redemption period, upon the filing of the entry of confirmation of	119609
sale or after the expiration of the alternative redemption period,	119610
as may apply to the case, the title to such land or lots shall be	119611
incontestable in the purchaser and shall be free of any receiver's	119612
lien as defined in division (C)(4) of section 5721.18 of the	119613
Revised Code and, except as otherwise provided in division (G) of	119614
this section, the liens for land taxes, assessments, charges,	119615
interest, and penalties for which the lien was foreclosed and in	119616
satisfaction of which the property was sold. All other liens and	119617
encumbrances with respect to the land or lots shall survive the	119618
sale.	119619

(4) The title shall not be invalid because of any	119620
irregularity, informality, or omission of any proceedings under	119621
this chapter, or in any processes of taxation, if such	119622
irregularity, informality, or omission does not abrogate the	119623
provision for notice to holders of title, lien, or mortgage to, or	119624
other interests in, such foreclosed lands or lots, as prescribed	119625
in this chapter.	119626

(G) If a parcel is sold under this section for the amount	119627
described in division (A)(2) of this section, and the county	119628
treasurer's estimate exceeds the amount of taxes, assessments,	119629
interest, penalties, and costs actually payable when the deed is	119630
transferred to the purchaser, the officer who conducted the sale	119631
shall refund to the purchaser the difference between the estimate	119632
and the amount actually payable. If the amount of taxes,	119633
assessments, interest, penalties, and costs actually payable when	119634
the deed is transferred to the purchaser exceeds the county	119635
treasurer's estimate, the officer shall certify the amount of the	119636
excess to the treasurer, who shall enter that amount on the real	119637
and public utility property tax duplicate opposite the property;	119638
the amount of the excess shall be payable at the next succeeding	119639
date prescribed for payment of taxes in section 323.12 of the	119640
Revised Code.	119641

(H) If a parcel is sold or transferred under this section or	119642
sections 323.28 and 323.65 to 323.78 of the Revised Code, the	119643
officer who conducted the sale or made the transfer of the	119644
property shall collect the recording fee and any associated costs	119645
to cover the recording from the purchaser or transferee at the	119646
time of the sale or transfer and, following confirmation of the	119647
sale or transfer, shall execute and record the deed conveying	119648
title to the parcel to the purchaser or transferee. For purposes	119649
of recording such deed, by placement of a bid or making a	119650
statement of interest by any party ultimately awarded the parcel,	119651
that purchaser or transferee thereby appoints the officer who	119652
makes the sale or is charged with executing and delivering the	119653
deed as agent for the purchaser or transferee for the sole purpose	119654
of accepting delivery of the deed. For such purposes, the	119655
confirmation of any such sale or order to transfer the parcel	119656
without appraisal or sale shall be deemed delivered upon the	119657
confirmation of such sale or transfer.	119658

(I) Notwithstanding section 5722.03 of the Revised Code, if	119659
the complaint alleges that the property is delinquent vacant land	119660
as defined in section 5721.01 of the Revised Code, abandoned lands	119661
as defined in section 323.65 of the Revised Code, or lands	119662
described in division (E) of section 5722.01 of the Revised Code,	119663
and the value of the taxes, assessments, penalties, interest, and	119664
all other charges and costs of the action exceed the auditor's	119665
fair market value of the parcel, then the court or board of	119666
revision having jurisdiction over the matter on motion of the	119667
plaintiff, or on the court's or board's own motion, shall, upon	119668
any adjudication of foreclosure, order, without appraisal and	119669
without sale, the fee simple title of the property to be	119670
transferred to and vested in an electing subdivision as defined in	119671
division (A) of section 5722.01 of the Revised Code. For purposes	119672
of determining whether the taxes, assessments, penalties,	119673
interest, and all other charges and costs of the action exceed the	119674
actual fair market value of the parcel, the auditor's most current	119675
valuation shall be rebuttably presumed to be, and constitute	119676
prima-facie evidence of, the fair market value of the parcel. In	119677
such case, the filing for journalization of a decree of	119678
foreclosure ordering that direct transfer without appraisal or	119679
sale shall constitute confirmation of the transfer and thereby	119680
terminate any further statutory or common law right of redemption.	119681

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	119682
Revised Code:	119683

(A) "Tax certificate," "certificate," or "duplicate	119684
certificate" means a document that may be issued as a physical	119685
certificate, in book-entry form, or through an electronic medium,	119686
at the discretion of the county treasurer. Such document shall	119687
contain the information required by section 5721.31 of the Revised	119688
Code and shall be prepared, transferred, or redeemed in the manner	119689
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	119690
used in those sections, "tax certificate," "certificate," and	119691
"duplicate certificate" do not refer to the delinquent land tax	119692
certificate or the delinquent vacant land tax certificate issued	119693
under section 5721.13 of the Revised Code.	119694

(B) "Certificate parcel" means the parcel of delinquent land	119695
that is the subject of and is described in a tax certificate.	119696

(C) "Certificate holder" means a person, including a county	119697
land reutilization corporation, that purchases or otherwise	119698
acquires a tax certificate under section 5721.32, 5721.33, or	119699
5721.42 of the Revised Code, or a person to whom a tax certificate	119700
has been transferred pursuant to section 5721.36 of the Revised	119701
Code.	119702

(D) "Certificate purchase price" means, with respect to the	119703
sale of tax certificates under sections 5721.32, 5721.33, and	119704
5721.42 of the Revised Code, the amount equal to delinquent taxes	119705
charged against a certificate parcel at the time the tax	119706
certificate respecting that parcel is sold or transferred, not	119707
including any delinquent taxes the lien for which has been	119708
conveyed to a certificate holder through a prior sale of a tax	119709
certificate respecting that parcel. Payment of the certificate	119710
purchase price in a sale under section 5721.33 of the Revised Code	119711
may be made wholly in cash or partially in cash and partially by	119712
noncash consideration acceptable to the county treasurer from the	119713
purchaser, and, in the case of a county land reutilization	119714
corporation, with notes. In the event that any such noncash	119715
consideration is delivered to pay a portion of the certificate	119716
purchase price, such noncash consideration may be subordinate to	119717
the rights of the holders of other obligations whose proceeds paid	119718
the cash portion of the certificate purchase price.	119719

"Certificate purchase price" also includes the amount of the	119720
fee charged by the county treasurer to the purchaser of the	119721
certificate under division (H) of section 5721.32 of the Revised	119722
Code.	119723

(E)(1) With respect to a sale of tax certificates under	119724
section 5721.32 of the Revised Code, and except as provided in	119725
division (E)(2) of this section, "certificate redemption price"	119726
means the certificate purchase price plus the greater of the	119727
following:	119728

(a) Simple interest, at the certificate rate of interest,	119729
accruing during the certificate interest period on the certificate	119730
purchase price, calculated in accordance with section 5721.41 of	119731
the Revised Code;	119732

(b) Six per cent of the certificate purchase price.

119733

(2) If the certificate rate of interest equals zero, the	119734
certificate redemption price equals the certificate purchase price	119735
plus the fee charged by the county treasurer to the purchaser of	119736
the certificate under division (H) of section 5721.32 of the	119737
Revised Code.	119738

(F) With respect to a sale or transfer of tax certificates	119739
under section 5721.33 of the Revised Code, "certificate redemption	119740
price" means the amount equal to the sum of the following:	119741

(1) The certificate purchase price;

119742

(2) Interest accrued on the certificate purchase price at the	119743
certificate rate of interest from the date on which a tax	119744
certificate is delivered through and including the day immediately	119745
preceding the day on which the certificate redemption price is	119746
paid;	119747

(3) The fee, if any, charged by the county treasurer to the	119748
purchaser of the certificate under division (J) of section 5721.33	119749
of the Revised Code;	119750

(4) Any other fees charged by any county office in connection	119751
with the recording of tax certificates.	119752

(G) "Certificate rate of interest" means the rate of simple	119753
interest per year bid by the winning bidder in an auction of a tax	119754
certificate held under section 5721.32 of the Revised Code, or the	119755
rate of simple interest per year not to exceed eighteen per cent	119756
per year fixed pursuant to section 5721.42 of the Revised Code or	119757
by the county treasurer with respect to any tax certificate sold	119758
or transferred pursuant to a negotiated sale under section 5721.33	119759
of the Revised Code. The certificate rate of interest shall not be	119760
less than zero per cent per year.	119761

(H) "Cash" means United States currency, certified checks,	119762
money orders, bank drafts, electronic transfer of funds, or other	119763
forms of payment authorized by the county treasurer, and excludes	119764
any other form of payment not so authorized.	119765

(I) "The date on which a tax certificate is sold or	119766
transferred," "the date the certificate was sold or transferred,"	119767
"the date the certificate is purchased," and any other phrase of	119768
similar content mean, with respect to a sale pursuant to an	119769
auction under section 5721.32 of the Revised Code, the date	119770
designated by the county treasurer for the submission of bids and,	119771
with respect to a negotiated sale or transfer under section	119772
5721.33 of the Revised Code, the date of delivery of the tax	119773
certificates to the purchasers thereof pursuant to a tax	119774
certificate sale/purchase agreement.	119775

(J) "Certificate interest period" means, with respect to a	119776
tax certificate sold under section 5721.32 or 5721.42 of the	119777
Revised Code and for the purpose of accruing interest under	119778
section 5721.41 of the Revised Code, the period beginning on the	119779
date on which the certificate is purchased and, with respect to a	119780
tax certificate sold or transferred under section 5721.33 of the	119781
Revised Code, the period beginning on the date of delivery of the	119782
tax certificate, and in either case ending on one of the following	119783
dates:	119784

(1) The date the certificate holder files a request for	119785
foreclosure or notice of intent to foreclose under division (A) of	119786
section 5721.37 of the Revised Code and submits the payment	119787
required under division (B) of that section;	119788

(2) The date the owner of record of the certificate parcel,	119789
or any other person entitled to redeem that parcel, redeems the	119790
certificate parcel under division (A) or (C) of section 5721.38 of	119791
the Revised Code or redeems the certificate under section 5721.381	119792
of the Revised Code.	119793

(K) "Qualified trustee" means a trust company within the	119794
state or a bank having the power of a trust company within the	119795
state with a combined capital stock, surplus, and undivided	119796
profits of at least one hundred million dollars.	119797

(L) "Tax certificate sale/purchase agreement" means the	119798
purchase and sale agreement described in division (C) of section	119799
5721.33 of the Revised Code setting forth the certificate purchase	119800
price, plus any applicable premium or less any applicable	119801
discount, including, without limitation, the amount to be paid in	119802
cash and the amount and nature of any noncash consideration, the	119803
date of delivery of the tax certificates, and the other terms and	119804
conditions of the sale, including, without limitation, the rate of	119805
interest that the tax certificates shall bear.	119806

(M) "Noncash consideration" means any form of consideration	119807
other than cash, including, but not limited to, promissory notes	119808
whether subordinate or otherwise.	119809

(N) "Private attorney" means any attorney licensed to	119810
practice law in this state whose license has not been revoked and	119811
is not currently suspended, and who is retained to bring	119812
foreclosure proceedings pursuant to section 5721.37 of the Revised	119813
Code on behalf of a certificate holder.	119814

(O) "Related certificate parcel" means, with respect to a	119815
certificate holder, the certificate parcel with respect to which	119816
the certificate holder has purchased and holds a tax certificate	119817
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	119818
with respect to a tax certificate, the certificate parcel against	119819
which the tax certificate has been sold pursuant to those	119820
sections.	119821

(P) "Delinquent taxes" means delinquent taxes as defined in	119822
section 323.01 of the Revised Code and includes assessments and	119823
charges, and penalties and interest computed under section 323.121	119824
of the Revised Code.	119825

(Q) "Certificate period" means the period of time after the	119826
sale or delivery of a tax certificate within which a certificate	119827
holder must initiate an action to foreclose the tax lien	119828
represented by the certificate as specified under division (A) of	119829
section 5721.32 of the Revised Code or as negotiated under section	119830
5721.33 of the Revised Code.	119831

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	119832
delinquent land list compiled under section 5721.011 of the	119833
Revised Code, or a delinquent land list compiled previously under	119834
that section, the county treasurer may select from the list	119835
parcels of delinquent land the lien against which the county	119836
treasurer may attempt to transfer by the sale of tax certificates	119837
under sections 5721.30 to 5721.43 of the Revised Code. None of the	119838
following parcels may be selected for a tax certificate sale:	119839

(a) A parcel for which the full amount of taxes, assessments,	119840
penalties, interest, and charges have been paid;	119841

(b) A parcel for which a valid contract under section	119842
323.122, 323.31, or 5713.20 of the Revised Code is in force;	119843

(c) A parcel the owner of which has filed a petition in	119844
bankruptcy, so long as the parcel is property of the bankruptcy	119845
estate.	119846

(2) The county treasurer shall compile a separate list of	119847
parcels selected for tax certificate sales, including the same	119848
information as is required to be included in the delinquent land	119849
list.	119850

Upon compiling the list of parcels selected for tax	119851
certificate sales, the county treasurer may conduct a title search	119852
for any parcel on the list.	119853

(B)(1) Except as otherwise provided in division (B)(3) of	119854
this section, when tax certificates are to be sold under section	119855
5721.32 of the Revised Code with respect to parcels, the county	119856
treasurer shall send written notice by certified mail to either	119857
the owner of record or all interested parties discoverable through	119858
a title search, or both, of each parcel on the list. A notice to	119859
an owner shall be sent to the owner's last known tax-mailing	119860
address. The notice shall inform the owner or interested parties	119861
that a tax certificate will be offered for sale on the parcel, and	119862
that the owner or interested parties may incur additional expenses	119863
as a result of the sale.	119864

(2) Except as otherwise provided in division (B)(3) of this	119865
section, when tax certificates are to be sold or transferred under	119866
section 5721.33 of the Revised Code with respect to parcels, the	119867
county treasurer, at least thirty days prior to the date of sale	119868
or transfer of such tax certificates, shall send written notice of	119869
the sale or transfer by certified mail to the last known	119870
tax-mailing address of the record owner of the property or parcel	119871
and may send such notice to all parties with an interest in the	119872
property that has been recorded in the property records of the	119873
county pursuant to section 317.08 of the Revised Code. The notice	119874
shall state that a tax certificate will be offered for sale or	119875
transfer on the parcel, and that the owner or interested parties	119876
may incur additional expenses as a result of the sale or transfer.	119877

(3) The county treasurer is not required to send a notice	119878
under division (B)(1) or (B)(2) of this section if the treasurer	119879
previously has attempted to send such notice to the owner of the	119880
parcel and the notice has been returned by the post office as	119881
undeliverable. The absence of a valid tax-mailing address for the	119882
owner of a parcel does not preclude the county treasurer from	119883
selling or transferring a tax certificate for the parcel.	119884

(C) The county treasurer shall advertise the sale of tax	119885
certificates under section 5721.32 of the Revised Code in a	119886
newspaper of general circulation in the county, once a week for	119887
two consecutive weeks. The newspaper shall meet the requirements	119888
of section 7.12 of the Revised Code. The advertisement shall	119889
include the date, the time, and the place of the public auction,	119890
abbreviated legal descriptions of the parcels, and the names of	119891
the owners of record of the parcels. The advertisement also shall	119892
include the certificate purchase prices of the parcels or the	119893
total purchase price of tax certificates for sale in blocks of tax	119894
certificates.	119895

(D) After the county treasurer has compiled the list of	119896
parcels selected for tax certificate sales but before a tax	119897
certificate respecting a parcel is sold or transferred, if the	119898
owner of record of the parcel pays to the county treasurer in cash	119899
the delinquent taxes respecting the parcel or otherwise acts so	119900
that any condition in division (A)(1)(a), (b), or (c) of this	119901
section applies to the parcel, the owner of record of the parcel	119902
also shall pay a fee in an amount prescribed by the treasurer to	119903
cover the administrative costs of the treasurer under this section	119904
respecting the parcel. The fee shall be deposited in the county	119905
treasury to the credit of the tax certificate administration fund.	119906

(E) A tax certificate administration fund shall be created in	119907
the county treasury of each county selling tax certificates under	119908
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	119909
administered by the county treasurer, and used solely for the	119910
purposes of sections 5721.30 to 5721.43 of the Revised Code or as	119911
otherwise permitted in this division. Any fee received by the	119912
treasurer under sections 5721.30 to 5721.43 of the Revised Code	119913
shall be credited to the fund, except the bidder registration fee	119914
under division (B) of section 5721.32 of the Revised Code and the	119915
county prosecuting attorney's fee under division (B)(3) of section	119916
5721.37 of the Revised Code. To the extent there is a surplus in	119917
the fund from time to time, the surplus may, with the approval of	119918
the county treasurer, be utilized for the purposes of a county	119919
land reutilization corporation operating in the county.	119920

(F) The county treasurers of more than one county may jointly	119921
conduct a regional sale of tax certificates under section 5721.32	119922
of the Revised Code. A regional sale shall be held at a single	119923
location in one county, where the tax certificates from each of	119924
the participating counties shall be offered for sale at public	119925
auction. Before the regional sale, each county treasurer shall	119926
advertise the sale for the parcels in the treasurer's county as	119927
required by division (C) of this section. At the regional sale,	119928
tax certificates shall be sold on parcels from one county at a	119929
time, with all of the certificates for one county offered for sale	119930
before any certificates for the next county are offered for sale.	119931

(G) The tax commissioner shall prescribe the form of the tax	119932
certificate under this section, and county treasurers shall use	119933
the form so prescribed.	119934

Sec. 5721.32. (A) The sale of tax certificates by public	119935
auction may be conducted at any time after completion of the	119936
advertising of the sale under section 5721.31 of the Revised Code,	119937
on the date and at the time and place designated in the	119938
advertisements, and may be continued from time to time as the	119939
county treasurer directs. The county treasurer may offer the tax	119940
certificates for sale in blocks of tax certificates, consisting of	119941
any number of tax certificates as determined by the county	119942
treasurer, and may specify a certificate period of not less than	119943
three years and not more than six years.	119944

(B)(1) The sale of tax certificates under this section shall	119945
be conducted at a public auction by the county treasurer or a	119946
designee of the county treasurer.	119947

(2) No person shall be permitted to bid without completing a	119948
bidder registration form, in the form prescribed by the tax	119949
commissioner, and without filing the form with the county	119950
treasurer prior to the start of the auction, together with	119951
remittance of a registration fee, in cash, of five hundred	119952
dollars. The bidder registration form shall include a tax	119953
identification number of the registrant. The registration fee is	119954
refundable at the end of bidding on the day of the auction, unless	119955
the registrant is the winning bidder for one or more tax	119956
certificates or one or more blocks of tax certificates, in which	119957
case the fee may be applied toward the deposit required by this	119958
section.	119959

(3) The county treasurer may require a person who wishes to	119960
bid on one or more parcels to submit a letter from a financial	119961
institution stating that the bidder has sufficient funds available	119962
to pay the purchase price of the parcels and a written	119963
authorization for the treasurer to verify such information with	119964
the financial institution. The county treasurer may require	119965
submission of the letter and authorization sufficiently in advance	119966
of the auction to allow for verification. No person who fails to	119967
submit the required letter and authorization, or whose financial	119968
institution fails to provide the requested verification, shall be	119969
permitted to bid.	119970

(C) At the public auction, the county treasurer or the	119971
treasurer's designee or agent shall begin the bidding at eighteen	119972
per cent per year simple interest, and accept lower bids in even	119973
increments of one-fourth of one per cent to the rate of zero per	119974
cent. The county treasurer, designee, or agent shall award the tax	119975
certificate to the person bidding the lowest certificate rate of	119976
interest. The county treasurer shall decide which person is the	119977
winning bidder in the event of a tie for the lowest bid offered,	119978
or if a person contests the lowest bid offered. The county	119979
treasurer's decision is not appealable.	119980

(D)(1) The winning bidder shall pay the county treasurer a	119981
cash deposit of at least ten per cent of the certificate purchase	119982
price not later than the close of business on the day of the sale.	119983
The winning bidder shall pay the balance and the fee required	119984
under division (H) of this section not later than five business	119985
days after the day on which the certificate is sold. Except as	119986
provided under division (D)(2) of this section, if the winning	119987
bidder fails to pay the balance and fee within the prescribed	119988
time, the bidder forfeits the deposit, and the county treasurer	119989
shall retain the tax certificate and may attempt to sell it at any	119990
auction conducted at a later date.	119991

(2) At the request of a winning bidder, the county treasurer	119992
may release the bidder from the bidder's tax certificate purchase	119993
obligation. The county treasurer may retain all or any portion of	119994
the deposit of a bidder granted a release. After granting a	119995
release under this division, the county treasurer may award the	119996
tax certificate to the person that submitted the second lowest bid	119997
at the auction.	119998

(3) The county treasurer shall deposit the deposit forfeited	119999
or retained under divisions (D)(1) or (2) of this section in the	120000
county treasury to the credit of the tax certificate	120001
administration fund.	120002

(E) Upon receipt of the full payment of the certificate	120003
purchase price from the purchaser, the county treasurer shall	120004
issue the tax certificate and record the tax certificate sale by	120005
entering into a tax certificate register the certificate purchase	120006
price, the certificate rate of interest, the date the certificate	120007
was sold, the certificate period, the name and address of the	120008
certificate holder, and any other information the county treasurer	120009
considers necessary. The county treasurer may keep the tax	120010
certificate register in a hard-copy format or in an electronic	120011
format. The name and address of the certificate holder may be,	120012
upon receipt of instructions from the purchaser, that of the	120013
secured party of the actual purchaser, or an agent or custodian	120014
for the purchaser or secured party. The county treasurer also	120015
shall transfer the tax certificate to the certificate holder. The	120016
county treasurer shall apportion the part of the proceeds from the	120017
sale representing taxes, penalties, and interest among the several	120018
taxing districts in the same proportion that the amount of taxes	120019
levied by each district against the certificate parcel in the	120020
preceding tax year bears to the taxes levied by all such districts	120021
against the certificate parcel in the preceding tax year, and	120022
credit the part of the proceeds representing assessments and other	120023
charges to the items of assessments and charges in the order in	120024
which those items became due. Upon issuing a tax certificate, the	120025
delinquent taxes that make up the certificate purchase price are	120026
transferred, and the superior lien of the state and its taxing	120027
districts for those delinquent taxes is conveyed intact to the	120028
certificate holder.	120029

(F) If a tax certificate is offered for sale under this	120030
section but is not sold, the county treasurer may sell the	120031
certificate in a negotiated sale authorized under section 5721.33	120032
of the Revised Code, or may strike the corresponding certificate	120033
parcel from the list of parcels selected for tax certificate	120034
sales. The lien for taxes, assessments, charges, penalties, and	120035
interest against a parcel stricken from the list thereafter may be	120036
foreclosed in the manner prescribed by section 323.25, sections	120037
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	120038
Code unless, prior to the institution of such proceedings against	120039
the parcel, the county treasurer restores the parcel to the list	120040
of parcels selected for tax certificate sales.	120041

(G) A certificate holder shall not be liable for damages	120042
arising from a violation of sections 3737.87 to 3737.891 or	120043
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	120044
6111. of the Revised Code, or a rule adopted or order, permit,	120045
license, variance, or plan approval issued under any of those	120046
chapters, that is or was committed by another person in connection	120047
with the parcel for which the tax certificate is held.	120048

(H) When selling a tax certificate under this section, the	120049
county treasurer shall charge a fee to the purchaser of the	120050
certificate. The county treasurer shall set the fee at a	120051
reasonable amount that covers the treasurer's costs of	120052
administering the sale of the tax certificate. The county	120053
treasurer shall deposit the fee in the county treasury to the	120054
credit of the tax certificate administration fund.	120055

(I) After selling a tax certificate under this section, the	120056
county treasurer shall send written notice by certified mail to	120057
the owner of the certificate parcel at the owner's last known	120058
tax-mailing address. The notice shall inform the owner that the	120059
tax certificate was sold, shall describe the owner's options to	120060
redeem the parcel, including entering into a redemption payment	120061
plan under division (C)(1) of section 5721.38 of the Revised Code,	120062
and shall name the certificate holder and its secured party, if	120063
any. However, the county treasurer is not required to send a	120064
notice under this division if the treasurer previously has	120065
attempted to send a notice to the owner of the parcel at the	120066
owner's last known tax-mailing address, and the postal service has	120067
returned the notice as undeliverable.	120068

(J) A tax certificate shall not be sold to the owner of the	120069
certificate parcel.	120070

Sec. 5721.37. (A)(1) ~~Division (A)(1) of this section~~	120071
~~applies to tax certificates purchased under section 5721.32 of the~~	120072
~~Revised Code, or under section 5721.42 of the Revised Code by the~~	120073
~~holder of a certificate issued under section 5721.32 of the~~	120074
~~Revised Code.~~ At any time after one year from the date shown on	120075
the tax certificate as the date the tax certificate was sold, and	120076
not later than ~~six years after that date~~the end of the	120077
certificate period, a certificate holder, except for a county land	120078
reutilization corporation, may file with the county treasurer a	120079
request for foreclosure, or a private attorney on behalf of the	120080
certificate holder may file with the county treasurer a notice of	120081
intent to foreclose, on a form prescribed by the tax commissioner,	120082
provided the certificate parcel has not been redeemed under	120083
division (A) or (C) of section 5721.38 of the Revised Code and at	120084
least one certificate respecting the certificate parcel, held by	120085
the certificate holder filing the request for foreclosure or	120086
notice of intent to foreclose and eligible to be enforced through	120087
a foreclosure proceeding, has not been voided under section	120088
5721.381 of the Revised Code. If the certificate holder is a	120089
county land reutilization corporation, the corporation may	120090
institute a foreclosure action under the statutes pertaining to	120091
the foreclosure of mortgages or as permitted under sections 323.65	120092
to 323.79 of the Revised Code at any time after it acquires the	120093
tax certificate.	120094

(2) ~~Division (A)(2) of this section applies to tax~~	120095
~~certificates purchased under section 5721.33 of the Revised Code~~	120096
~~or under section 5721.42 of the Revised Code by the holder of a~~	120097
~~certificate issued under section 5721.33 of the Revised Code. At~~	120098
~~any time after one year from the date shown on the tax certificate~~	120099
~~as the date the tax certificate was sold, and not later than six~~	120100
~~years after that date or any extension of that date pursuant to~~	120101
~~division (C)(2) of section 5721.38 of the Revised Code, or not~~	120102
~~earlier or later than the dates negotiated by the county treasurer~~	120103
~~and specified in the tax certificate sale/purchase agreement, the~~	120104
~~certificate holder may file with the county treasurer a request~~	120105
~~for foreclosure, or a private attorney on behalf of a certificate~~	120106
~~holder other than a county land reutilization corporation may file~~	120107
~~with the county treasurer a notice of intent to foreclose, on a~~	120108
~~form prescribed by the tax commissioner, provided the parcel has~~	120109
~~not been redeemed under division (A) or (C) of section 5721.38 of~~	120110
~~the Revised Code and at least one certificate respecting the~~	120111
~~certificate parcel, held by the certificate holder filing the~~	120112
~~request for foreclosure or notice of intent to foreclose and~~	120113
~~eligible to be enforced through a foreclosure proceeding, has not~~	120114
~~been voided under section 5721.381 of the Revised Code. If the~~	120115
~~certificate holder is a county land reutilization corporation, the~~	120116
~~corporation may institute a foreclosure action under the statutes~~	120117
~~pertaining to the foreclosure of mortgages or as permitted under~~	120118
~~sections 323.65 to 323.79 of the Revised Code at any time after it~~	120119
~~acquires the tax certificate.~~	120120

~~(3)(a) Division (A)(3)(a) of this section applies to a tax~~	120121
~~certificate purchased under section 5721.32 of the Revised Code,~~	120122
~~or under section 5721.42 of the Revised Code by the holder of a~~	120123
~~certificate issued under section 5721.32 of the Revised Code, and~~	120124
~~not held by a county land reutilization corporation. If, before~~	120125
~~the expiration of six years after the date a tax certificate was~~	120126
~~sold, the owner of the property for which the certificate was sold~~	120127
~~files a petition in bankruptcy, the county treasurer, upon being~~	120128
~~notified of the filing of the petition, shall notify the~~	120129
~~certificate holder by ordinary first-class or certified mail or by~~	120130
~~binary means of the filing of the petition. It is the obligation~~	120131
~~of the certificate holder to file a proof of claim with the~~	120132
~~bankruptcy court to protect the holder's interest in the~~	120133
~~certificate parcel. The last day on which the certificate holder~~	120134
~~may file a request for foreclosure or the private attorney may~~	120135
~~file a notice of intent to foreclose is the later of six years~~	120136
~~after the date the certificate was sold or one hundred eighty days~~	120137
~~after the certificate parcel is no longer property of the~~	120138
~~bankruptcy estate; however, the six-year period measured from the~~	120139
~~date the certificate was sold is tolled while the property owner's~~	120140
~~bankruptcy case remains open.~~	120141

~~(b) Division (A)(3)(b) of this section applies to a tax~~	120142
~~certificate purchased under section 5721.33 of the Revised Code,~~	120143
~~or under section 5721.42 of the Revised Code by the holder of a~~	120144
~~certificate issued under section 5721.33 of the Revised Code, and~~	120145
~~not held by a county land reutilization corporation. If, before~~	120146
~~six years after the date a tax certificate was sold or before the~~	120147
~~date negotiated by the county treasurer~~If, before the expiration	120148
of the certificate period, the owner of the property files a	120149
petition in bankruptcy, the county treasurer, upon being notified	120150
of the filing of the petition, shall notify the certificate holder	120151
by ordinary first-class or certified mail or by binary means of	120152
the filing of the petition. It is the obligation of the	120153
certificate holder to file a proof of claim with the bankruptcy	120154
court to protect the holder's interest in the certificate parcel.	120155
The last day on which the certificate holder may file a request	120156
for foreclosure or a notice of intent to foreclose is the later of	120157
~~six years after the date the tax certificate was sold or the date~~	120158
~~negotiated by the county treasurer,~~the expiration of the	120159
certificate period or one hundred eighty days after the	120160
certificate parcel is no longer property of the bankruptcy estate;	120161
however, the ~~six-year or negotiated period being measured after~~	120162
~~the date the certificate was sold~~certificate period is tolled	120163
while the property owner's bankruptcy case remains open. If the	120164
certificate holder is a county land reutilization corporation, the	120165
corporation may institute a foreclosure action under the statutes	120166
pertaining to the foreclosure of mortgages or as permitted under	120167
sections 323.65 to 323.79 of the Revised Code at any time after it	120168
acquires such tax certificate, subject to any restrictions under	120169
such bankruptcy law or proceeding.	120170

~~(c)~~ Interest at the certificate rate of interest continues to	120171
accrue during any extension of time required by division ~~(A)(3)(a)~~	120172
~~or (b)~~(A)(2) of this section unless otherwise provided under Title	120173
11 of the United States Code.	120174

~~(4)~~(3) If, before the expiration of three years from the date	120175
a tax certificate was sold, the owner of property for which the	120176
certificate was sold applies for an exemption under section	120177
3735.67 or 5715.27 of the Revised Code or under any other section	120178
of the Revised Code under the jurisdiction of the director of	120179
environmental protection, the county treasurer shall notify the	120180
certificate holder by ordinary first-class or certified mail or by	120181
binary means of the filing of the application. Once a	120182
determination has been made on the exemption application, the	120183
county treasurer shall notify the certificate holder of the	120184
determination by ordinary first-class or certified mail or by	120185
binary means. Except with respect to a county land reutilization	120186
corporation, the last day on which the certificate holder may file	120187
a request for foreclosure shall be the later of three years from	120188
the date the certificate was sold or forty-five days after notice	120189
of the determination was provided.	120190

(B) When a request for foreclosure or a notice of intent to	120191
foreclose is filed under ~~division (A)(1) or (2) of~~ this section,	120192
the certificate holder shall submit a payment to the county	120193
treasurer equal to the sum of the following:	120194

(1) The certificate redemption prices of all outstanding tax	120195
certificates that have been sold on the parcel, other than tax	120196
certificates held by the person requesting foreclosure;	120197

(2) Any taxes, assessments, penalties, interest, and charges	120198
appearing on the tax duplicate charged against the certificate	120199
parcel that is the subject of the foreclosure proceedings and that	120200
are not covered by a tax certificate, but such amounts are not	120201
payable if the certificate holder is a county land reutilization	120202
corporation;	120203

(3) If the foreclosure proceedings are filed by the county	120204
prosecuting attorney pursuant to section 323.25, sections 323.65	120205
to 323.79, or section 5721.14 or 5721.18 of the Revised Code, a	120206
fee in the amount prescribed by the county prosecuting attorney to	120207
cover the prosecuting attorney's legal costs incurred in the	120208
foreclosure proceeding.	120209

(C)(1) With respect to a certificate purchased under section	120210
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	120211
certificate parcel has not been redeemed and at least one	120212
certificate respecting the certificate parcel, held by the	120213
certificate holder filing the request for foreclosure and eligible	120214
to be enforced through a foreclosure proceeding, has not been	120215
voided under section 5721.381 of the Revised Code, the county	120216
treasurer, within five days after receiving a foreclosure request	120217
and the payment required under division (B) of this section, shall	120218
certify notice to that effect to the county prosecuting attorney	120219
and shall provide a copy of the foreclosure request. The county	120220
treasurer also shall send notice by ordinary first class or	120221
certified mail to all certificate holders other than the	120222
certificate holder requesting foreclosure that foreclosure has	120223
been requested by a certificate holder and that payment for the	120224
tax certificates is forthcoming. Within ninety days of receiving	120225
the copy of the foreclosure request, the prosecuting attorney	120226
shall commence a foreclosure proceeding in the name of the county	120227
treasurer in the manner provided under section 323.25, sections	120228
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised	120229
Code, to enforce the lien vested in the certificate holder by the	120230
certificate. The prosecuting attorney shall attach to the	120231
complaint the foreclosure request and the county treasurer's	120232
written certification.	120233

(2) With respect to a certificate purchased under section	120234
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	120235
certificate parcel has not been redeemed, at least one certificate	120236
respecting the certificate parcel, held by the certificate holder	120237
filing the notice of intent to foreclose and eligible to be	120238
enforced through a foreclosure proceeding, has not been voided	120239
under section 5721.381 of the Revised Code, a notice of intent to	120240
foreclose has been filed, and the payment required under division	120241
(B) of this section has been made, the county treasurer shall	120242
certify notice to that effect to the private attorney. The county	120243
treasurer also shall send notice by ordinary first class or	120244
certified mail or by binary means to all certificate holders other	120245
than the certificate holder represented by the attorney that a	120246
notice of intent to foreclose has been filed and that payment for	120247
the tax certificates is forthcoming. After receipt of the	120248
treasurer's certification and not later than one hundred twenty	120249
days after the filing of the intent to foreclose or the number of	120250
days specified under the terms of a negotiated sale under section	120251
5721.33 of the Revised Code, the private attorney shall commence a	120252
foreclosure proceeding in the name of the certificate holder in	120253
the manner provided under division (F) of this section to enforce	120254
the lien vested in the certificate holder by the certificate. The	120255
private attorney shall attach to the complaint the notice of	120256
intent to foreclose and the county treasurer's written	120257
certification.	120258

(D) The county treasurer shall credit the amount received	120259
under division (B)(1) of this section to the tax certificate	120260
redemption fund. The tax certificates respecting the payment shall	120261
be paid as provided in division (D) of section 5721.38 of the	120262
Revised Code. The amount received under division (B)(2) of this	120263
section shall be distributed to the taxing districts to which the	120264
delinquent and unpaid amounts are owed. The county treasurer shall	120265
deposit the fee received under division (B)(3) of this section in	120266
the county treasury to the credit of the delinquent tax and	120267
assessment collection fund.	120268

(E)(1)~~(a) Except with respect to a county land reutilization~~	120269
~~corporation, if, in the case of a certificate purchased under~~	120270
~~section 5721.32 of the Revised Code, or under section 5721.42 of~~	120271
~~the Revised Code by the holder of a certificate issued under~~	120272
~~section 5721.32 of the Revised Code, the certificate holder does~~	120273
~~not file with the county treasurer a request for foreclosure or a~~	120274
~~notice of intent to foreclose with the required payment within six~~	120275
~~years after the date shown on the tax certificate as the date the~~	120276
~~certificate was sold or within the period provided under division~~	120277
~~(A)(3)(a) of this section, and during that time the certificate~~	120278
~~has not been voided under section 5721.381 of the Revised Code and~~	120279
~~the parcel has not been redeemed or foreclosed upon, the~~	120280
~~certificate holder's lien against the parcel is canceled, and the~~	120281
~~certificate is voided, subject to division (E)(1)(b) of this~~	120282
~~section.~~	120283

~~(b) In the case of any tax certificate purchased under~~	120284
~~section 5721.32 of the Revised Code or under section 5721.42 of~~	120285
~~the Revised Code by the holder of a certificate issued under~~	120286
~~section 5721.32 of the Revised Code prior to June 24, 2008, the~~	120287
~~county treasurer, upon application by the certificate holder, may~~	120288
~~sell to the certificate holder a new certificate extending the~~	120289
~~three-year period prescribed by division (E)(1) of this section,~~	120290
~~as that division existed prior to that date, to six years after~~	120291
~~the date shown on the original certificate as the date it was sold~~	120292
~~or any extension of that date.~~	120293

~~(2)(a)~~ Except with respect to a county land reutilization	120294
corporation, if~~, in the case of a certificate purchased under~~	120295
~~section 5721.33 of the Revised Code, or under section 5721.42 of~~	120296
~~the Revised Code by the holder of a certificate issued under~~	120297
~~section 5721.33 of the Revised Code,~~ the certificate holder does	120298
not file with the county treasurer a request for foreclosure or a	120299
notice of intent to foreclose with respect to a certificate parcel	120300
with the required payment within ~~six years after the date shown on~~	120301
~~the tax certificate as the date the certificate was sold~~the	120302
certificate period or any extension of that ~~date~~period pursuant	120303
to division (C)(2) of section 5721.38 of the Revised Code, or	120304
within the period provided under division ~~(A)(3)(b)~~(A)(2) of this	120305
section ~~or as specified under the terms of a negotiated sale under~~	120306
~~section 5721.33 of the Revised Code~~, and during that time the	120307
certificate has not been voided under section 5721.381 of the	120308
Revised Code and the certificate parcel has not been redeemed or	120309
foreclosed upon, the certificate holder's lien against the parcel	120310
is canceled and the certificate is voided, subject to division	120311
~~(E)(2)(b)~~(E)(2) of this section.	120312

~~(b)~~(2) In the case of any tax certificate purchased under	120313
section ~~5721.33~~5721.32 of the Revised Code or under section	120314
5721.42 of the Revised Code by the holder of a certificate issued	120315
under section 5721.32 of the Revised Code prior to ~~October 10,~~	120316
~~2000~~June 24, 2008, the county treasurer, upon application by the	120317
certificate holder, may sell to the certificate holder a new	120318
certificate extending the three-year period prescribed by division	120319
~~(E)(2)~~(E)(1) of this section, as that division existed prior to	120320
~~October 10, 2000~~that date, to six years after the date shown on	120321
the original certificate as the date it was sold or any extension	120322
of that date.	120323

~~(3)~~ The county treasurer and the certificate holder shall	120324
negotiate the premium, in cash, to be paid for a new certificate	120325
sold under division ~~(E)(1)(b) or (2)(b)~~(E)(2) of this section. If	120326
the county treasurer and certificate holder do not negotiate a	120327
mutually acceptable premium, the county treasurer and certificate	120328
holder may agree to engage a person experienced in the valuation	120329
of financial assets to appraise a fair premium for the new	120330
certificate. The certificate holder has the option to purchase the	120331
new certificate for the fair premium so appraised. Not less than	120332
one-half of the fee of the person so engaged shall be paid by the	120333
certificate holder requesting the new certificate; the remainder	120334
of the fee shall be paid from the proceeds of the sale of the new	120335
certificate. If the certificate holder does not purchase the new	120336
certificate for the premium so appraised, the certificate holder	120337
shall pay the entire fee. The county treasurer shall credit the	120338
remaining proceeds from the sale to the items of taxes,	120339
assessments, penalties, interest, and charges in the order in	120340
which they became due.	120341

~~(4)~~ A certificate issued under division ~~(E)(1)(b) or~~	120342
~~(2)(b)~~(E)(2) of this section vests in the certificate holder and	120343
its secured party, if any, the same rights, interests, privileges,	120344
and immunities as are vested by the original certificate under	120345
sections 5721.30 to 5721.43 of the Revised Code. The certificate	120346
shall be issued in the same form as the form prescribed for the	120347
original certificate issued except for any modifications	120348
necessary, in the county treasurer's discretion, to reflect the	120349
extension under this division of the certificate holder's lien to	120350
six years after the date shown on the original certificate as the	120351
date it was sold or any extension of that date. The certificate	120352
holder may record a certificate issued under division ~~(E)(1)(b) or~~	120353
~~(2)(b)~~(E)(2) of this section or memorandum thereof as provided in	120354
division (B) of section 5721.35 of the Revised Code, and the	120355
county recorder shall index the certificate and record any	120356
subsequent cancellation of the lien as provided in that section.	120357
The sale of a certificate extending the lien under division	120358
~~(E)(1)(b) or (2)(b)~~(E)(2) of this section does not impair the	120359
right of redemption of the owner of record of the certificate	120360
parcel or of any other person entitled to redeem the property.	120361

~~(5)~~(3) If the holder of a certificate purchased under section	120362
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	120363
of intent to foreclose to the county treasurer but fails to file a	120364
foreclosure action in a court of competent jurisdiction within the	120365
time specified in division (C)(2) of this section, the liens	120366
represented by all tax certificates respecting the certificate	120367
parcel held by that certificate holder, and for which the deadline	120368
for filing a notice of intent to foreclose has passed, are	120369
canceled and the certificates voided, and the certificate holder	120370
forfeits the payment of the amounts described in division (B)(2)	120371
of this section.	120372

(F) With respect to tax certificates purchased under section	120373
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	120374
delivery to the private attorney by the county treasurer of the	120375
certification provided for under division (C)(2) of this section,	120376
the private attorney shall institute a foreclosure proceeding	120377
under this division in the name of the certificate holder to	120378
enforce the holder's lien, in any court or board of revision with	120379
jurisdiction, unless the certificate redemption price is paid	120380
prior to the time a complaint is filed. The attorney shall	120381
prosecute the proceeding to final judgment and satisfaction,	120382
whether through sale of the property or the vesting of title and	120383
possession in the certificate holder or other disposition under	120384
sections 323.65 to 323.79 of the Revised Code or as may otherwise	120385
be provided by law.	120386

The foreclosure proceedings under this division, except as	120387
otherwise provided in this division, shall be instituted and	120388
prosecuted in the same manner as is provided by law for the	120389
foreclosure of mortgages on land, except that, if service by	120390
publication is necessary, such publication shall be made once a	120391
week for three consecutive weeks and the service shall be complete	120392
at the expiration of three weeks after the date of the first	120393
publication.	120394

Any notice given under this division shall include the name	120395
of the owner of the parcel as last set forth in the records of the	120396
county recorder, the owner's last known mailing address, the	120397
address of the subject parcel if different from that of the owner,	120398
and a complete legal description of the subject parcel. In any	120399
county that has adopted a permanent parcel number system, such	120400
notice may include the permanent parcel number in addition to a	120401
complete legal description.	120402

It is sufficient, having been made a proper party to the	120403
foreclosure proceeding, for the certificate holder to allege in	120404
such holder's complaint that the tax certificate has been duly	120405
purchased by the certificate holder, that the certificate	120406
redemption price is due and unpaid, that there is a lien against	120407
the property described in the tax certificate, and, if applicable,	120408
that the certificate holder desires to invoke the alternative	120409
redemption period prescribed in sections 323.65 to 323.79 of the	120410
Revised Code, without setting forth in such holder's complaint any	120411
other special matter relating to the foreclosure proceeding. The	120412
complaint shall pray for an order directing the sheriff, or the	120413
bailiff if the complaint is filed in municipal court, to offer the	120414
property for sale in the manner provided in section 5721.19 of the	120415
Revised Code or otherwise transferred according to any applicable	120416
procedures provided in sections 323.65 to 323.79 of the Revised	120417
Code, unless the complaint documents that the county auditor has	120418
determined that the true value of the certificate parcel is less	120419
than the certificate purchase price. In that case, the prayer of	120420
the complaint shall request that fee simple title to the property	120421
be transferred to and vested in the certificate holder free and	120422
clear of all subordinate liens.	120423

In the foreclosure proceeding, the certificate holder may	120424
join in one action any number of tax certificates relating to the	120425
same owner. However, the decree for each tax certificate shall be	120426
rendered separately and any proceeding may be severed, in the	120427
discretion of the court or board of revision, for the purpose of	120428
trial or appeal. Except as may otherwise be provided in sections	120429
323.65 to 323.79 of the Revised Code, upon confirmation of sale,	120430
the court or board of revision shall order payment of all costs	120431
related directly or indirectly to the tax certificate, including,	120432
without limitation, attorney's fees of the holder's attorney in	120433
accordance with section 5721.371 of the Revised Code. The tax	120434
certificate purchased by the certificate holder is presumptive	120435
evidence in all courts and boards of revision and in all	120436
proceedings, including, without limitation, at the trial of the	120437
foreclosure action, of the amount and validity of the taxes,	120438
assessments, charges, penalties by the court and added to such	120439
principal amount, and interest appearing due and unpaid and of	120440
their nonpayment.	120441

(G) If a parcel is sold under this section, the officer who	120442
conducted the sale shall collect the recording fee from the	120443
purchaser at the time of the sale and, following confirmation of	120444
the sale, shall prepare and record the deed conveying the title to	120445
the parcel to the purchaser.	120446

Sec. 5721.38. (A) At any time prior to payment to the county	120447
treasurer by the certificate holder to initiate foreclosure	120448
proceedings under division (B) of section 5721.37 of the Revised	120449
Code, the owner of record of the certificate parcel, or any other	120450
person entitled to redeem that parcel, may redeem the parcel by	120451
paying to the county treasurer an amount equal to the total of the	120452
certificate redemption prices of all tax certificates respecting	120453
that parcel.	120454

(B) At any time after payment to the county treasurer by the	120455
certificate holder to initiate foreclosure proceedings under	120456
section 5721.37 of the Revised Code, and before the filing of the	120457
entry of confirmation of sale of a certificate parcel, or the	120458
expiration of the alternative redemption period defined in section	120459
323.65 of the Revised Code under foreclosure proceedings filed by	120460
the county prosecuting attorney, and before the decree conveying	120461
title to the certificate holder is rendered as provided for in	120462
division (F) of section 5721.37 of the Revised Code, the owner of	120463
record of the certificate parcel or any other person entitled to	120464
redeem that parcel may redeem the parcel by paying to the county	120465
treasurer the sum of the following amounts:	120466

(1) The amount described in division (A) of this section;

120467

(2) Interest on the certificate purchase price for each tax	120468
certificate sold respecting the parcel at the rate of eighteen per	120469
cent per year for the period beginning on the day on which the	120470
payment was submitted by the certificate holder and ending on the	120471
day the parcel is redeemed under this division;	120472

(3) An amount equal to the sum of the county prosecuting	120473
attorney's fee under division (B)(3) of section 5721.37 of the	120474
Revised Code plus interest on that amount at the rate of eighteen	120475
per cent per year beginning on the day on which the payment was	120476
submitted by the certificate holder and ending on the day the	120477
parcel is redeemed under this division. If the parcel is redeemed	120478
before the complaint has been filed, the prosecuting attorney	120479
shall adjust the fee to reflect services performed to the date of	120480
redemption, and the county treasurer shall calculate the interest	120481
based on the adjusted fee and refund any excess fee to the	120482
certificate holder.	120483

(4) Reasonable attorney's fees in accordance with section	120484
5721.371 of the Revised Code if the certificate holder retained a	120485
private attorney to foreclose the lien;	120486

(5) Any other costs and fees of the proceeding allocable to	120487
the certificate parcel as determined by the court or board of	120488
revision.	120489

The county treasurer may collect the total amount due under	120490
divisions (B)(1) to (5) of this section in the form of guaranteed	120491
funds acceptable to the treasurer. Immediately upon receipt of	120492
such payments, the county treasurer shall reimburse the	120493
certificate holder who initiated foreclosure proceedings as	120494
provided in division (D) of this section. The county treasurer	120495
shall pay the certificate holder interest at the rate of eighteen	120496
per cent per year on amounts paid under divisions (B)(2) and (3)	120497
of section 5721.37 of the Revised Code, beginning on the day the	120498
certificate holder paid the amounts under those divisions and	120499
ending on the day the parcel is redeemed under this section.	120500

(C)(1) During the period beginning on the date a tax	120501
certificate is sold under section 5721.32 of the Revised Code and	120502
ending one year from that date, the county treasurer may enter	120503
into a redemption payment plan with the owner of record of the	120504
certificate parcel or any other person entitled to redeem that	120505
parcel. The plan shall require the owner or other person to pay	120506
the certificate redemption price for the tax certificate in	120507
installments, with the final installment due no later than one	120508
year after the date the tax certificate is sold. The certificate	120509
holder may at any time, by written notice to the county treasurer,	120510
agree to accept installments collected to the date of notice as	120511
payment in full. Receipt of such notice by the treasurer shall	120512
constitute satisfaction of the payment plan and redemption of the	120513
tax certificate.	120514

(2) During the period beginning on the date a tax certificate	120515
is sold under section 5721.33 of the Revised Code and ending on	120516
the date the decree is rendered on the foreclosure proceeding	120517
under division (F) of section 5721.37 of the Revised Code, the	120518
owner of record of the certificate parcel, or any other person	120519
entitled to redeem that parcel, may enter into a redemption	120520
payment plan with the certificate holder and all secured parties	120521
of the certificate holder. The plan shall require the owner or	120522
other person to pay the certificate redemption price for the tax	120523
certificate, an administrative fee not to exceed one hundred	120524
dollars per year, and the actual fees and costs incurred, in	120525
installments, with the final installment due no later than ~~six~~	120526
~~years after the date the tax certificate is sold~~the expiration of	120527
the certificate period. The certificate holder shall give written	120528
notice of the plan to the applicable county treasurer within sixty	120529
days after entering into the plan and written notice of default	120530
under the plan within ninety days after the default. If such a	120531
plan is entered into, the time period for filing a request for	120532
foreclosure or a notice of intent to foreclose under section	120533
5721.37 of the Revised Code is extended by the length of time the	120534
plan is in effect and not in default.	120535

(D)(1) Immediately upon receipt of full payment under	120536
division (A) or (B) of this section, the county treasurer shall	120537
make an entry to that effect in the tax certificate register,	120538
credit the payment to the tax certificate redemption fund created	120539
in the county treasury, and shall notify the certificate holder or	120540
holders by ordinary first class or certified mail or by binary	120541
means that the parcel has been redeemed and the lien or liens	120542
canceled, and that payment on the certificate or certificates is	120543
forthcoming. The treasurer shall pay the tax certificate holder or	120544
holders promptly.	120545

The county treasurer shall administer the tax certificate	120546
redemption fund for the purpose of redeeming tax certificates.	120547
Interest earned on the fund shall be credited to the county	120548
general fund. If the county has established a county land	120549
reutilization corporation, the county treasurer may apply interest	120550
earned on the fund to the payment of the expenses of such	120551
corporation.	120552

(2) If a redemption payment plan is entered into pursuant to	120553
division (C)(1) of this section, the county treasurer immediately	120554
shall notify each certificate holder by ordinary first class or	120555
certified mail or by binary means of the terms of the plan.	120556
Installment payments made pursuant to the plan shall be deposited	120557
in the tax certificate redemption fund. Any overpayment of the	120558
installments shall be refunded to the person responsible for	120559
causing the overpayment if the person applies for a refund under	120560
this section. If the person responsible for causing the	120561
overpayment fails to apply for a refund under this section within	120562
five years from the date the plan is satisfied, an amount equal to	120563
the overpayment shall be deposited into the general fund of the	120564
county. If the county has established a county land reutilization	120565
corporation, the county treasurer may apply such overpayment to	120566
the payment of the expenses of the corporation.	120567

Upon satisfaction of the plan, the county treasurer shall	120568
indicate in the tax certificate register that the plan has been	120569
satisfied, and shall notify each certificate holder by ordinary	120570
first class or certified mail or by binary means that the plan has	120571
been satisfied and that payment on the certificate or certificates	120572
is forthcoming. The treasurer shall pay each certificate holder	120573
promptly.	120574

If a redemption payment plan becomes void, the county	120575
treasurer shall notify each certificate holder by ordinary first	120576
class or certified mail or by binary means. If a certificate	120577
holder files a request for foreclosure under section 5721.37 of	120578
the Revised Code, upon the filing of the request for foreclosure,	120579
any money paid under the plan shall be refunded to the person that	120580
paid the money under the plan.	120581

(3) Upon receipt of the payment required under division	120582
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	120583
pay all other certificate holders and indicate in the tax	120584
certificate register that such certificates have been satisfied.	120585
If a county has organized a county land reutilization corporation,	120586
the county treasurer may apply the redemption price and any	120587
applicable interest payable under division (B) of this section to	120588
the payment of the expenses of the corporation.	120589

Sec. 5721.42. After the settlement required under division	120590
(C) of section 321.24 of the Revised Code, the county treasurer	120591
shall notify the certificate holder of the most recently issued	120592
tax certificate, by ordinary first class or certified mail or by	120593
binary means, that the certificate holder may purchase a	120594
subsequent tax certificate by paying all delinquent taxes on the	120595
related certificate parcel, the lien against which has not been	120596
transferred by the sale of a tax certificate. During the thirty	120597
days after receiving the notice, the certificate holder possesses	120598
the exclusive right to purchase the subsequent tax certificate by	120599
paying those amounts to the county treasurer. The amount of the	120600
payment shall constitute a separate lien against the certificate	120601
parcel that shall be evidenced by the issuance by the treasurer to	120602
the certificate holder of an additional tax certificate with	120603
respect to the delinquent taxes so paid on the related certificate	120604
parcel. The amount of the payment as set forth in the tax	120605
certificate shall earn interest at the rate of eighteen per cent	120606
per year. The certificate period of each subsequent tax	120607
certificate shall terminate on the expiration date of the	120608
certificate period of the most recent tax certificate for the same	120609
certificate parcel.	120610

Sec. 5722.13. Real property acquired and held by an electing	120611
subdivision pursuant to this chapter that is not sold or otherwise	120612
transferred within fifteen years after such acquisition shall be	120613
offered for sale at public auction during the sixteenth year after	120614
acquisition. If the real property is not sold at that time, it may	120615
be disposed of or retained for any lawful purpose without further	120616
application of this chapter.	120617

Notice of the sale shall contain a description of each	120618
parcel, the permanent parcel number, and the full street address	120619
when available. The notice shall be published once a week for	120620
three consecutive weeks prior to the sale in a newspaper of	120621
general circulation within the electing subdivision. The newspaper	120622
shall meet the requirements of section 7.12 of the Revised Code.	120623

Each parcel subsequent to the fifteenth year after its	120624
acquisition as part of a land reutilization program shall be sold	120625
for an amount equal to not less than the greater of:	120626

(A) Two-thirds of its fair market value;

120627

(B) The total amount of accrued taxes, assessments,	120628
penalties, interest, charges, and costs incurred by the electing	120629
subdivision in the acquisition, maintenance, and disposal of each	120630
parcel and the parcel's share of the costs and expenses of the	120631
land reutilization program.	120632

The sale requirements of this section do not apply to real	120633
property acquired and held by a county land reutilization	120634
corporation.	120635

Sec. 5723.05. If the taxes, assessments, charges, penalties,	120636
interest, and costs due on the forfeited lands have not been paid	120637
when the county auditor fixes the date for the sale of forfeited	120638
lands, the auditor shall give notice of them once a week for two	120639
consecutive weeks prior to the date fixed by the auditor for the	120640
sale, ~~in two newspapers~~ as provided in section 5721.03 of the	120641
Revised Code. The notice shall state that if the taxes,	120642
assessments, charges, penalties, interest, and costs charged	120643
against the lands forfeited to the state for nonpayment of taxes	120644
are not paid into the county treasury, and the county treasurer's	120645
receipt produced for the payment before the time specified in the	120646
notice for the sale of the lands, which day shall be named in the	120647
notice, each forfeited tract on which the taxes, assessments,	120648
charges, penalties, interest, and costs remain unpaid will be	120649
offered for sale beginning on the date set by the auditor, at the	120650
courthouse in the county, in order to satisfy the unpaid taxes,	120651
assessments, charges, penalties, interest, and costs, and that the	120652
sale will continue from day to day until each of the tracts is	120653
sold or offered for sale.	120654

The notice also shall state that, if the forfeited land is	120655
sold for an amount that is less than the amount of the delinquent	120656
taxes, assessments, charges, penalties, and interest against it,	120657
and, if division (B)(2) of section 5721.17 of the Revised Code is	120658
applicable, any notes issued by a receiver pursuant to division	120659
(F) of section 3767.41 of the Revised Code and any receiver's lien	120660
as defined in division (C)(4) of section 5721.18 of the Revised	120661
Code, the court, in a separate order, may enter a deficiency	120662
judgment against the last owner of record of the land before its	120663
forfeiture to the state, for the amount of the difference; and	120664
that, if that owner of record is a corporation, the court may	120665
enter the deficiency judgment against the stockholder holding a	120666
majority of that corporation's stock.	120667

Sec. 5723.18. (A) Except as otherwise provided in division	120668
(B)(2) of section 5721.17 and division (B) of section 319.43 of	120669
the Revised Code, the proceeds from a forfeiture sale shall be	120670
distributed as follows:	120671

(1) The county auditor shall deduct all costs pertaining to	120672
the forfeiture and sale of forfeited lands, including costs	120673
pertaining to a foreclosure and forfeiture proceeding instituted	120674
under section 5721.14 of the Revised Code, except those paid under	120675
section 5721.04 of the Revised Code, from the moneys received from	120676
the sale of land and town lots forfeited to the state for the	120677
nonpayment of taxes, and shall pay such costs into the proper	120678
fund. In the case of the forfeiture sale of a parcel against which	120679
a foreclosure and forfeiture proceeding was instituted under	120680
section 5721.14 of the Revised Code, if the proceeds from the	120681
forfeiture sale are insufficient to pay the costs pertaining to	120682
such proceeding, the county auditor, at the next semiannual	120683
apportionment of real property taxes, shall reduce the amount of	120684
real property taxes that the auditor otherwise would distribute to	120685
each subdivision to which taxes, assessments, charges, penalties,	120686
or interest charged against the parcel are due. The reduction in	120687
each subdivision's real property tax distribution shall equal the	120688
amount of the unpaid costs multiplied by a fraction, the numerator	120689
of which is the amount of taxes, assessments, charges, penalties,	120690
and interest due the subdivision, and the denominator of which is	120691
the total amount of taxes, assessments, charges, penalties, and	120692
interest due all such subdivisions.	120693

(2) Following the payment required by division (A)(1) of this	120694
section, the part of the proceeds that is equal to ten per cent of	120695
the taxes and assessments due shall be deposited in equal shares	120696
into each of the delinquent tax and assessment collection ~~fund~~	120697
funds created pursuant to section 321.261 of the Revised Code.	120698

(3) Following the payment required by division (A)(2) of this	120699
section, the remaining proceeds shall be distributed by the	120700
auditor to the appropriate subdivisions to pay the taxes,	120701
assessments, charges, penalties, and interest which are due and	120702
unpaid. If the proceeds available for distribution under this	120703
division are insufficient to pay the entire amount of those taxes,	120704
assessments, charges, penalties, and interest, the auditor shall	120705
distribute the proceeds available for distribution under this	120706
division to the appropriate subdivisions in proportion to the	120707
amount of those taxes, assessments, charges, penalties, and	120708
interest that each is due.	120709

(B) If the proceeds from the sale of forfeited land are	120710
insufficient to pay in full the amount of the taxes, assessments,	120711
charges, penalties, and interest; the costs incurred in the	120712
proceedings instituted pursuant to this chapter and section	120713
5721.18 of the Revised Code, or the foreclosure and forfeiture	120714
proceeding instituted pursuant to section 5721.14 of the Revised	120715
Code; and, if division (B)(2) of section 5721.17 of the Revised	120716
Code is applicable, any notes issued by a receiver pursuant to	120717
division (F) of section 3767.41 of the Revised Code and any	120718
receiver's lien as defined in division (C)(4) of section 5721.18	120719
of the Revised Code, the court may enter a deficiency judgment	120720
against the last owner of record of the land before its forfeiture	120721
to the state, for the unpaid amount. The court shall enter the	120722
judgment pursuant to section 5721.192 of the Revised Code. Except	120723
as otherwise provided in division (B) of section 319.43 of the	120724
Revised Code, the proceeds paid pursuant to the entry and	120725
satisfaction of such a judgment shall be distributed as if they	120726
had been received as a part of the proceeds from the sale of the	120727
land to satisfy the amount of the taxes, assessments, charges,	120728
penalties, and interest which are due and unpaid; the costs	120729
incurred in the associated proceedings which were due and unpaid;	120730
and, if division (B)(2) of section 5721.17 of the Revised Code is	120731
applicable, any notes issued by a receiver pursuant to division	120732
(F) of section 3767.41 of the Revised Code and any receiver's lien	120733
as defined in division (C)(4) of section 5721.18 of the Revised	120734
Code.	120735

Sec. 5725.151. (A) As used in this section, "certificate	120736
owner" has the same meaning as in section 149.311 of the Revised	120737
Code.	120738

(B) There is allowed a credit against the tax imposed by	120739
section 5707.03 and assessed under section 5725.15 of the Revised	120740
Code for a dealer in intangibles subject to that tax that is a	120741
certificate owner of a rehabilitation tax credit certificate	120742
issued under section 149.311 of the Revised Code. The credit shall	120743
equal twenty-five per cent of the dollar amount indicated on the	120744
certificate, but the amount of the credit allowed for any dealer	120745
for any year shall not exceed five million dollars. The credit	120746
shall be claimed in the calendar year specified in the	120747
certificate. If the credit exceeds the amount of tax otherwise due	120748
in that year, the excess shall be refunded to the dealer but, if	120749
any amount of the credit is refunded, the sum of the amount	120750
refunded and the amount applied to reduce the tax otherwise due in	120751
that year shall not exceed three million dollars. The dealer may	120752
carry forward any balance of the credit in excess of the amount	120753
claimed in that year for not more than five ensuing years, and	120754
shall deduct any amount claimed in any such year from the amount	120755
claimed in an ensuing year.	120756

(C) A dealer in intangibles claiming a credit under this	120757
section shall retain the rehabilitation tax credit certificate for	120758
four years following the end of the year in which the credit was	120759
claimed, and shall make the certificate available for inspection	120760
by the tax commissioner upon the request of the tax commissioner	120761
during that period.	120762

~~(D) For the purpose of division (C) of section 5725.24 of the~~	120763
~~Revised Code, reductions in the amount of taxes collected on~~	120764
~~account of credits allowed under this section shall be applied to~~	120765
~~reduce the amount credited to the general revenue fund and shall~~	120766
~~not be applied to reduce the amount to be credited to the~~	120767
~~undivided local government funds of the counties in which such~~	120768
~~taxes originate.~~	120769

Sec. 5725.24. (A) ~~As used in this section, "qualifying~~	120770
~~dealer" means a dealer in intangibles that is a qualifying dealer~~	120771
~~in intangibles as defined in section 5733.45 of the Revised Code~~	120772
~~or a member of a qualifying controlled group, as defined in~~	120773
~~section 5733.04 of the Revised Code, of which an insurance company~~	120774
~~also is a member on the first day of January of the year in and~~	120775
~~for which the tax imposed by section 5707.03 of the Revised Code~~	120776
~~is required to be paid by the dealer.~~	120777

~~(B)~~ The taxes levied by section 5725.18 of the Revised Code	120778
and collected pursuant to this chapter shall be paid into the	120779
state treasury to the credit of the general revenue fund.	120780

~~(C)~~(B) The taxes levied by section 5707.03 of the Revised	120781
Code on the value of shares in and capital employed by all dealers	120782
in intangibles ~~other than those that are qualifying dealers~~ shall	120783
be ~~for the use of~~paid into the state treasury to the credit of	120784
the general revenue fund ~~of the state and the local government~~	120785
~~funds of the several counties in which the taxes originate as~~	120786
~~provided in this division.~~	120787

~~During each month for which there is money in the state~~	120788
~~treasury for disbursement under this division, the tax~~	120789
~~commissioner shall provide for payment to the county treasurer of~~	120790
~~each county of five-eighths of the amount of the taxes collected~~	120791
~~on account of shares in and capital employed by dealers in~~	120792
~~intangibles other than those that are qualifying dealers,~~	120793
~~representing capital employed in the county. The balance of the~~	120794
~~money received and credited on account of taxes assessed on shares~~	120795
~~in and capital employed by such dealers in intangibles shall be~~	120796
~~credited to the general revenue fund.~~	120797

~~Reductions in the amount of taxes collected on account of~~	120798
~~credits allowed under section 5725.151 of the Revised Code shall~~	120799
~~be applied to reduce the amount credited to the general revenue~~	120800
~~fund and shall not be applied to reduce the amount to be credited~~	120801
~~to the undivided local government funds of the counties in which~~	120802
~~such taxes originate.~~	120803

~~For the purpose of this division, such taxes are deemed to~~	120804
~~originate in the counties in which such dealers in intangibles~~	120805
~~have their offices.~~	120806

~~Money received into the treasury of a county pursuant to this~~	120807
~~section shall be credited to the undivided local government fund~~	120808
~~of the county and shall be distributed by the budget commission as~~	120809
~~provided by law.~~	120810

~~(D) All of the taxes levied under section 5707.03 of the~~	120811
~~Revised Code on the value of the shares in and capital employed by~~	120812
~~dealers in intangibles that are qualifying dealers shall be paid~~	120813
~~into the state treasury to the credit of the general revenue fund~~.	120814

Sec. 5725.34. (A) As used in this section, "certificate	120815
owner" has the same meaning as in section 149.311 of the Revised	120816
Code.	120817

(B) There is allowed a credit against the tax imposed by	120818
section 5725.18 of the Revised Code for an insurance company	120819
subject to that tax that is a certificate owner of a	120820
rehabilitation tax credit certificate issued under section 149.311	120821
of the Revised Code. The credit shall equal twenty-five per cent	120822
of the dollar amount indicated on the certificate, but the amount	120823
of the credit allowed for any company for any year shall not	120824
exceed five million dollars. The credit shall be claimed in the	120825
calendar year specified in the certificate and in the order	120826
required under section 5725.98 of the Revised Code. If the credit	120827
exceeds the amount of tax otherwise due in that year, the excess	120828
shall be refunded to the company but, if any amount of the credit	120829
is refunded, the sum of the amount refunded and the amount applied	120830
to reduce the tax otherwise due in that year shall not exceed	120831
three million dollars. The company may carry forward any balance	120832
of the credit in excess of the amount claimed in that year for not	120833
more than five ensuing years, and shall deduct any amount claimed	120834
in any such year from the amount claimed in an ensuing year.	120835

(C) An insurance company claiming a credit under this section	120836
shall retain the rehabilitation tax credit certificate for four	120837
years following the end of the year in which the credit was	120838
claimed, and shall make the certificate available for inspection	120839
by the tax commissioner upon the request of the tax commissioner	120840
during that period.	120841

Sec. 5725.98. (A) To provide a uniform procedure for	120842
calculating the amount of tax imposed by section 5725.18 of the	120843
Revised Code that is due under this chapter, a taxpayer shall	120844
claim any credits and offsets against tax liability to which it is	120845
entitled in the following order:	120846

(1) The credit for an insurance company or insurance company	120847
group under section 5729.031 of the Revised Code;	120848

(2) The credit for eligible employee training costs under	120849
section 5725.31 of the Revised Code;	120850

(3) The credit for purchasers of qualified low-income	120851
community investments under section 5725.33 of the Revised Code;	120852

(4) The nonrefundable job retention credit under division	120853
(B)(1) of section 122.171 of the Revised Code;	120854

(5) The offset of assessments by the Ohio life and health	120855
insurance guaranty association permitted by section 3956.20 of the	120856
Revised Code;	120857

(6) The refundable credit for rehabilitating a historic	120858
building under section 5725.34 of the Revised Code.	120859

(7) The refundable credit for Ohio job retention under	120860
division (B)(2) or (3) of section 122.171 of the Revised Code;	120861

~~(7)~~(8) The refundable credit for Ohio job creation under	120862
section 5725.32 of the Revised Code;	120863

~~(8)~~(9) The refundable credit under section 5725.19 of the	120864
Revised Code for losses on loans made under the Ohio venture	120865
capital program under sections 150.01 to 150.10 of the Revised	120866
Code.	120867

(B) For any credit except the refundable credits enumerated	120868
in this section, the amount of the credit for a taxable year shall	120869
not exceed the tax due after allowing for any other credit that	120870
precedes it in the order required under this section. Any excess	120871
amount of a particular credit may be carried forward if authorized	120872
under the section creating that credit. Nothing in this chapter	120873
shall be construed to allow a taxpayer to claim, directly or	120874
indirectly, a credit more than once for a taxable year.	120875

Sec. 5727.57. In addition to all other remedies for the	120876
collection of any taxes or penalties due under law, whenever any	120877
taxes, fees, or penalties due from any public utility have	120878
remained unpaid for a period of ninety days, or whenever any	120879
public utility has failed for a period of ninety days to make any	120880
report or return required by law, or to pay any penalty for	120881
failure to make or file such report or return, the attorney	120882
general, upon the request of the tax commissioner, shall file a	120883
petition in the court of common pleas in the county of the state	120884
in which such public utility has its principal place of business	120885
for a judgment for the amount of the taxes and penalties appearing	120886
to be due, the enforcement of any lien in favor of the state, and	120887
an injunction to restrain such public utility and its officers,	120888
directors, and managing agents from the transaction of any	120889
business within this state, other than such acts as are incidental	120890
to liquidation or winding up, until the payment of such taxes,	120891
fees, penalties, and the costs of the proceeding, which shall be	120892
fixed by the court, or the making and filing of such report or	120893
return.	120894

Such petition shall be in the name of the state. All or any	120895
of the public utilities having their principal places of business	120896
in the county may be joined in one suit. On the motion of the	120897
attorney general, the court of common pleas shall enter an order	120898
requiring all defendants to answer by a day certain, and may	120899
appoint a special master commissioner to take testimony, with such	120900
other power and authority as the court confers, and permit process	120901
to be served by certified mail and by publication in a newspaper	120902
of general circulation ~~published~~ in the county, which publication	120903
need not be made more than once, setting forth the name of each	120904
delinquent public utility, the matter in which such public utility	120905
is delinquent, the names of its officers, directors, and managing	120906
agents, if set forth in the petition, and the amount of any taxes,	120907
fees, or penalties claimed to be owing by said public utility.	120908

All of the officers, directors, shareholders, or managing	120909
agents of any public utility may be joined as defendants with such	120910
public utility.	120911

If it appears to the court upon hearing that any public	120912
utility which is a party to such proceeding is indebted to the	120913
state for taxes, fees, or penalties, judgment shall be entered	120914
therefor with interest, which shall be computed at the rate per	120915
annum prescribed by section 5703.47 of the Revised Code; and if it	120916
appears that any public utility has failed to make or file any	120917
report or return, a mandatory injunction may be issued against	120918
such public utility, its officers, directors, and managing agents,	120919
as such enjoining them from the transaction of any business within	120920
this state, other than acts incidental to liquidation or winding	120921
up, until the making and filing of all proper reports or returns	120922
and the payment in full of all taxes, fees, and penalties.	120923

If the officers, directors, shareholders, or managing agents	120924
of a public utility are not made parties in the first instance,	120925
and a judgment or an injunction is rendered or issued against such	120926
public utility, such officers, directors, shareholders, or	120927
managing agents, or any of them, may be made parties to such	120928
proceedings upon the motion of the attorney general, and, upon	120929
notice to them of the form and terms of such injunction, they	120930
shall be bound thereby as fully as if they had been made parties	120931
in the first instance.	120932

In any action authorized by this section, a statement of the	120933
commissioner or the secretary of state, when duly certified shall	120934
be prima-facie evidence of the amount of taxes, fees, or penalties	120935
due from any public utility, or of the failure of any public	120936
utility to file with the commissioner or the secretary of state	120937
any report required by law, and any such certificate of the	120938
commissioner or the secretary of state may be required in evidence	120939
in any such proceeding.	120940

On the application of any defendant and for good cause shown,	120941
the court may order a separate hearing of the issues as to any	120942
defendant.	120943

The costs of the proceeding shall be apportioned among the	120944
parties as the court deems proper.	120945

The court in such proceeding may make, enter, and enforce	120946
such other judgments and orders and grant such other relief as is	120947
necessary or incidental to the enforcement of the claims and lien	120948
of the state.	120949

In the performance of the duties enjoined ~~upon him~~ by this	120950
section the attorney general may direct any prosecuting attorney	120951
to bring an action, as authorized by this section, in the name of	120952
the state with respect to any delinquent public utilities within	120953
~~his~~the prosecuting attorney's county, and like proceedings and	120954
orders shall be had as if such action were instituted by the	120955
attorney general.	120956

Sec. 5727.84. (A) As used in this section and sections	120957
5727.85, 5727.86, and 5727.87 of the Revised Code:	120958

(1) "School district" means a city, local, or exempted	120959
village school district.	120960

(2) "Joint vocational school district" means a joint	120961
vocational school district created under section 3311.16 of the	120962
Revised Code, and includes a cooperative education school district	120963
created under section 3311.52 or 3311.521 of the Revised Code and	120964
a county school financing district created under section 3311.50	120965
of the Revised Code.	120966

(3) "Local taxing unit" means a subdivision or taxing unit,	120967
as defined in section 5705.01 of the Revised Code, a park district	120968
created under Chapter 1545. of the Revised Code, or a township	120969
park district established under section 511.23 of the Revised	120970
Code, but excludes school districts and joint vocational school	120971
districts.	120972

(4) "State education aid," for a school district, means the	120973
following:	120974

(a) For fiscal years prior to fiscal year 2010, the sum of	120975
state aid amounts computed for the district under the following	120976
provisions, as they existed for the applicable fiscal year:	120977
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	120978
3317.022; divisions (B), (C), and (D) of section 3317.023;	120979
divisions (G), (L), and (N) of section 3317.024; and sections	120980
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	120981
3317.053 of the Revised Code; and the adjustments required by:	120982
division (C) of section 3310.08; division (C)(2) of section	120983
3310.41; division (C) of section 3314.08; division (D)(2) of	120984
section 3314.091; division (D) of section 3314.13; divisions (E),	120985
(K), (L), (M), and (N) of section 3317.023; division (C) of	120986
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	120987
Code. However, when calculating state education aid for a school	120988
district for fiscal years 2008 and 2009, include the amount	120989
computed for the district under Section 269.20.80 of H.B. 119 of	120990
the 127th general assembly, as subsequently amended, instead of	120991
division (D) of section 3317.022 of the Revised Code; and include	120992
amounts calculated under Section 269.30.80 of ~~this act~~H.B. 119 of	120993
the 127th general assembly, as subsequently amended.	120994

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	120995
~~thereafter~~2011, the sum of the amounts computed for the district	120996
under former sections 3306.052, 3306.12, 3306.13, 3306.19,	120997
3306.191, and 3306.192;of the Revised Code and the following	120998
provisions, as they existed for the applicable fiscal year:	120999
division (G) of section 3317.024; sections 3317.05, 3317.052, and	121000
3317.053 of the Revised Code; and the adjustments required by	121001
division (C) of section 3310.08; division (C)(2) of section	121002
3310.41; division (C) of section 3314.08; division (D)(2) of	121003
section 3314.091; division (D) of section 3314.13; divisions (E),	121004
(K), (L), (M), and (N) of section 3317.023; division (C) of	121005
section 3317.20; and sections 3313.979 ~~and~~, 3313.981, and 3326.33	121006
of the Revised Code.	121007

(c) For fiscal years 2012 and 2013, the amount paid in	121008
accordance with the section of H.B. 153 of the 129th general	121009
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	121010
SCHOOL DISTRICTS" and the adjustments required by division (C) of	121011
section 3310.08; division (C)(2) of section 3310.41; section	121012
3310.55; division (C) of section 3314.08; division (D)(2) of	121013
section 3314.091; division (D) of section 3314.13; divisions (B),	121014
(H), (I), (J), and (K) of section 3317.023; division (C) of	121015
section 3317.20; and sections 3313.979 and 3313.981 of the Revised	121016
Code.	121017

(5) "State education aid," for a joint vocational school	121018
district, means the following:	121019

(a) For fiscal years prior to fiscal year 2010, the sum of	121020
the state aid amounts computed for the district under division (N)	121021
of section 3317.024 and section 3317.16 of the Revised Code.	121022
However, when calculating state education aid for a joint	121023
vocational school district for fiscal years 2008 and 2009, include	121024
the amount computed for the district under Section 269.30.90 of	121025
H.B. 119 of the 127th general assembly, as subsequently amended.	121026

(b) For fiscal years 2010 and 2011, the amount computed for	121027
the district in accordance with the section of ~~this act~~H.B. 1 of	121028
the 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL	121029
SCHOOL DISTRICTS".	121030

(c) For fiscal years 2012 and 2013, the amount paid in	121031
accordance with the section of H.B. 153 of the 129th general	121032
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	121033

(6) "State education aid offset" means the amount determined	121034
for each school district or joint vocational school district under	121035
division (A)(1) of section 5727.85 of the Revised Code.	121036

(7) "Recognized valuation" has the same meaning as in section	121037
3317.02 of the Revised Code.	121038

(8) "Electric company tax value loss" means the amount	121039
determined under division (D) of this section.	121040

(9) "Natural gas company tax value loss" means the amount	121041
determined under division (E) of this section.	121042

(10) "Tax value loss" means the sum of the electric company	121043
tax value loss and the natural gas company tax value loss.	121044

(11) "Fixed-rate levy" means any tax levied on property other	121045
than a fixed-sum levy.	121046

(12) "Fixed-rate levy loss" means the amount determined under	121047
division (G) of this section.	121048

(13) "Fixed-sum levy" means a tax levied on property at	121049
whatever rate is required to produce a specified amount of tax	121050
money or levied in excess of the ten-mill limitation to pay debt	121051
charges, and includes school district emergency levies imposed	121052
pursuant to section 5705.194 of the Revised Code.	121053

(14) "Fixed-sum levy loss" means the amount determined under	121054
division (H) of this section.	121055

(15) "Consumer price index" means the consumer price index	121056
(all items, all urban consumers) prepared by the bureau of labor	121057
statistics of the United States department of labor.	121058

(16) "Total resources" has the same meaning as in section	121059
5751.20 of the Revised Code.	121060

(17) "2011 current expense S.B. 3 allocation" means the sum	121061
of payments received by a school district or joint vocational	121062
school district in fiscal year 2011 for current expense levy	121063
losses pursuant to division (C)(2) of section 5727.85 of the	121064
Revised Code. If a fixed-rate levy eligible for reimbursement is	121065
not imposed in any year after tax year 2010, "2011 current expense	121066
S.B. 3 allocation" used to compute payments to be made under	121067
division (C)(3) of section 5727.85 of the Revised Code in the tax	121068
years following the last year the levy is imposed shall be reduced	121069
by the amount of those payments attributable to the fixed-rate	121070
levy loss of that levy.	121071

(18) "2010 current expense S.B. 3 allocation" means the sum	121072
of payments received by a municipal corporation in calendar year	121073
2010 for current expense levy losses pursuant to division (A)(1)	121074
of section 5727.86 of the Revised Code. If a fixed-rate levy	121075
eligible for reimbursement is not imposed in any year after tax	121076
year 2010, "2010 current expense S.B. 3 allocation" used to	121077
compute payments to be made under division (A)(1)(d) of section	121078
5727.86 of the Revised Code in the tax years following the last	121079
year the levy is imposed shall be reduced by the amount of those	121080
payments attributable to the fixed-rate levy loss of that levy.	121081

(19) "2010 S.B. 3 allocation" means the sum of payments	121082
received by a local taxing unit during calendar year 2010 pursuant	121083
to division (A)(1) of section 5727.86 of the Revised Code. If a	121084
fixed-rate levy eligible for reimbursement is not imposed in any	121085
year after tax year 2010, "2010 S.B. 3 allocation" used to compute	121086
payments to be made under division (A)(1)(d) of section 5727.86 of	121087
the Revised Code in the tax years following the last year the levy	121088
is imposed shall be reduced by the amount of those payments	121089
attributable to the fixed-rate levy loss of that levy.	121090

(20) "Total S.B. 3 allocation" means, in the case of a school	121091
district or joint vocational school district, the sum of the	121092
amounts received in fiscal year 2011 pursuant to divisions (C)(2)	121093
and (D) of section 5727.85 of the Revised Code. In the case of a	121094
local taxing unit, "total S.B. 3 allocation" means the sum of	121095
payments received by the unit in calendar year 2010 pursuant to	121096
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.	121097
If a fixed-rate levy eligible for reimbursement is not imposed in	121098
any year after tax year 2010, "total S.B. 3 allocation" used to	121099
compute payments to be made under division (C)(3) of section	121100
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised	121101
Code in the tax years following the last year the levy is imposed	121102
shall be reduced by the amount of those payments attributable to	121103
the fixed-rate levy loss of that levy as would be computed under	121104
division (C)(2) of section 5727.85 or division (A)(1)(b) of	121105
section 5727.86 of the Revised Code.	121106

(21) "2011 non-current expense S.B. 3 allocation" means the	121107
difference of a school district's or joint vocational school	121108
district's total S.B. 3 allocation minus the sum of the school	121109
district's 2011 current expense S.B. 3 allocation and the portion	121110
of the school district's total S.B. 3 allocation constituting	121111
reimbursement for debt levies pursuant to division (D) of section	121112
5727.85 of the Revised Code.	121113

(22) "2010 non-current expense S.B. 3 allocation" means the	121114
difference of a municipal corporation's total S.B. 3 allocation	121115
minus the sum of its 2010 current expense S.B. 3 allocation and	121116
the portion of its total S.B. 3 allocation constituting	121117
reimbursement for debt levies pursuant to division (A)(4) of	121118
section 5727.86 of the Revised Code.	121119

(23) "Threshold per cent" means, in the case of a school	121120
district or joint vocational school district, two per cent for	121121
fiscal year 2012 and four per cent for fiscal years 2013 and	121122
thereafter. In the case of a local taxing unit, "threshold per	121123
cent" means two per cent for calendar year 2011, four per cent for	121124
calendar year 2012, and six per cent for calendar years 2013 and	121125
thereafter.	121126

(B) The kilowatt-hour tax receipts fund is hereby created in	121127
the state treasury and shall consist of money arising from the tax	121128
imposed by section 5727.81 of the Revised Code. All money in the	121129
kilowatt-hour tax receipts fund shall be credited as follows:	121130

~~(1) Sixty-three per cent shall be credited to the general~~	121131
~~revenue fund.~~	121132

~~(2) Twenty-five and four-tenths per cent shall be credited to~~	121133
~~the school district property tax replacement fund, which is hereby~~	121134
~~created in the state treasury for the purpose of making the~~	121135
~~payments described in section 5727.85 of the Revised Code.~~	121136

~~(3) Eleven and six-tenths per cent shall be credited to the~~	121137
~~local government property tax replacement fund, which is hereby~~	121138
~~created in the state treasury for the purpose of making the~~	121139
~~payments described in section 5727.86 of the Revised Code.~~	121140

Fiscal Year	General Revenue Fund	School District Property Tax Replacement Fund	Local Government Property Tax Replacement Fund	121141
2001-2011	63.0%	25.4%	11.6%	121142
2012 and thereafter	88.0%	9.0%	3.0%	121143

(C) The natural gas tax receipts fund is hereby created in	121144
the state treasury and shall consist of money arising from the tax	121145
imposed by section 5727.811 of the Revised Code. All money in the	121146
fund shall be credited as follows:	121147

(1) For fiscal years before fiscal year 2012:

121148

(a) Sixty-eight and seven-tenths per cent shall be credited	121149
to the school district property tax replacement fund for the	121150
purpose of making the payments described in section 5727.85 of the	121151
Revised Code.	121152

~~(2)~~(b) Thirty-one and three-tenths per cent shall be credited	121153
to the local government property tax replacement fund for the	121154
purpose of making the payments described in section 5727.86 of the	121155
Revised Code.	121156

(2) For fiscal years 2012 and thereafter, one hundred per	121157
cent to the general revenue fund.	121158

(D) Not later than January 1, 2002, the tax commissioner	121159
shall determine for each taxing district its electric company tax	121160
value loss, which is the sum of the applicable amounts described	121161
in divisions (D)(1) to (4) of this section:	121162

(1) The difference obtained by subtracting the amount	121163
described in division (D)(1)(b) from the amount described in	121164
division (D)(1)(a) of this section.	121165

(a) The value of electric company and rural electric company	121166
tangible personal property as assessed by the tax commissioner for	121167
tax year 1998 on a preliminary assessment, or an amended	121168
preliminary assessment if issued prior to March 1, 1999, and as	121169
apportioned to the taxing district for tax year 1998;	121170

(b) The value of electric company and rural electric company	121171
tangible personal property as assessed by the tax commissioner for	121172
tax year 1998 had the property been apportioned to the taxing	121173
district for tax year 2001, and assessed at the rates in effect	121174
for tax year 2001.	121175

(2) The difference obtained by subtracting the amount	121176
described in division (D)(2)(b) from the amount described in	121177
division (D)(2)(a) of this section.	121178

(a) The three-year average for tax years 1996, 1997, and 1998	121179
of the assessed value from nuclear fuel materials and assemblies	121180
assessed against a person under Chapter 5711. of the Revised Code	121181
from the leasing of them to an electric company for those	121182
respective tax years, as reflected in the preliminary assessments;	121183

(b) The three-year average assessed value from nuclear fuel	121184
materials and assemblies assessed under division (D)(2)(a) of this	121185
section for tax years 1996, 1997, and 1998, as reflected in the	121186
preliminary assessments, using an assessment rate of twenty-five	121187
per cent.	121188

(3) In the case of a taxing district having a nuclear power	121189
plant within its territory, any amount, resulting in an electric	121190
company tax value loss, obtained by subtracting the amount	121191
described in division (D)(1) of this section from the difference	121192
obtained by subtracting the amount described in division (D)(3)(b)	121193
of this section from the amount described in division (D)(3)(a) of	121194
this section.	121195

(a) The value of electric company tangible personal property	121196
as assessed by the tax commissioner for tax year 2000 on a	121197
preliminary assessment, or an amended preliminary assessment if	121198
issued prior to March 1, 2001, and as apportioned to the taxing	121199
district for tax year 2000;	121200

(b) The value of electric company tangible personal property	121201
as assessed by the tax commissioner for tax year 2001 on a	121202
preliminary assessment, or an amended preliminary assessment if	121203
issued prior to March 1, 2002, and as apportioned to the taxing	121204
district for tax year 2001.	121205

(4) In the case of a taxing district having a nuclear power	121206
plant within its territory, the difference obtained by subtracting	121207
the amount described in division (D)(4)(b) of this section from	121208
the amount described in division (D)(4)(a) of this section,	121209
provided that such difference is greater than ten per cent of the	121210
amount described in division (D)(4)(a) of this section.	121211

(a) The value of electric company tangible personal property	121212
as assessed by the tax commissioner for tax year 2005 on a	121213
preliminary assessment, or an amended preliminary assessment if	121214
issued prior to March 1, 2006, and as apportioned to the taxing	121215
district for tax year 2005;	121216

(b) The value of electric company tangible personal property	121217
as assessed by the tax commissioner for tax year 2006 on a	121218
preliminary assessment, or an amended preliminary assessment if	121219
issued prior to March 1, 2007, and as apportioned to the taxing	121220
district for tax year 2006.	121221

(E) Not later than January 1, 2002, the tax commissioner	121222
shall determine for each taxing district its natural gas company	121223
tax value loss, which is the sum of the amounts described in	121224
divisions (E)(1) and (2) of this section:	121225

(1) The difference obtained by subtracting the amount	121226
described in division (E)(1)(b) from the amount described in	121227
division (E)(1)(a) of this section.	121228

(a) The value of all natural gas company tangible personal	121229
property, other than property described in division (E)(2) of this	121230
section, as assessed by the tax commissioner for tax year 1999 on	121231
a preliminary assessment, or an amended preliminary assessment if	121232
issued prior to March 1, 2000, and apportioned to the taxing	121233
district for tax year 1999;	121234

(b) The value of all natural gas company tangible personal	121235
property, other than property described in division (E)(2) of this	121236
section, as assessed by the tax commissioner for tax year 1999 had	121237
the property been apportioned to the taxing district for tax year	121238
2001, and assessed at the rates in effect for tax year 2001.	121239

(2) The difference in the value of current gas obtained by	121240
subtracting the amount described in division (E)(2)(b) from the	121241
amount described in division (E)(2)(a) of this section.	121242

(a) The three-year average assessed value of current gas as	121243
assessed by the tax commissioner for tax years 1997, 1998, and	121244
1999 on a preliminary assessment, or an amended preliminary	121245
assessment if issued prior to March 1, 2001, and as apportioned in	121246
the taxing district for those respective years;	121247

(b) The three-year average assessed value from current gas	121248
under division (E)(2)(a) of this section for tax years 1997, 1998,	121249
and 1999, as reflected in the preliminary assessment, using an	121250
assessment rate of twenty-five per cent.	121251

(F) The tax commissioner may request that natural gas	121252
companies, electric companies, and rural electric companies file a	121253
report to help determine the tax value loss under divisions (D)	121254
and (E) of this section. The report shall be filed within thirty	121255
days of the commissioner's request. A company that fails to file	121256
the report or does not timely file the report is subject to the	121257
penalty in section 5727.60 of the Revised Code.	121258

(G) Not later than January 1, 2002, the tax commissioner	121259
shall determine for each school district, joint vocational school	121260
district, and local taxing unit its fixed-rate levy loss, which is	121261
the sum of its electric company tax value loss multiplied by the	121262
tax rate in effect in tax year 1998 for fixed-rate levies and its	121263
natural gas company tax value loss multiplied by the tax rate in	121264
effect in tax year 1999 for fixed-rate levies.	121265

(H) Not later than January 1, 2002, the tax commissioner	121266
shall determine for each school district, joint vocational school	121267
district, and local taxing unit its fixed-sum levy loss, which is	121268
the amount obtained by subtracting the amount described in	121269
division (H)(2) of this section from the amount described in	121270
division (H)(1) of this section:	121271

(1) The sum of the electric company tax value loss multiplied	121272
by the tax rate in effect in tax year 1998, and the natural gas	121273
company tax value loss multiplied by the tax rate in effect in tax	121274
year 1999, for fixed-sum levies for all taxing districts within	121275
each school district, joint vocational school district, and local	121276
taxing unit. For the years 2002 through 2006, this computation	121277
shall include school district emergency levies that existed in	121278
1998 in the case of the electric company tax value loss, and 1999	121279
in the case of the natural gas company tax value loss, and all	121280
other fixed-sum levies that existed in 1998 in the case of the	121281
electric company tax value loss and 1999 in the case of the	121282
natural gas company tax value loss and continue to be charged in	121283
the tax year preceding the distribution year. For the years 2007	121284
through 2016 in the case of school district emergency levies, and	121285
for all years after 2006 in the case of all other fixed-sum	121286
levies, this computation shall exclude all fixed-sum levies that	121287
existed in 1998 in the case of the electric company tax value loss	121288
and 1999 in the case of the natural gas company tax value loss,	121289
but are no longer in effect in the tax year preceding the	121290
distribution year. For the purposes of this section, an emergency	121291
levy that existed in 1998 in the case of the electric company tax	121292
value loss, and 1999 in the case of the natural gas company tax	121293
value loss, continues to exist in a year beginning on or after	121294
January 1, 2007, but before January 1, 2017, if, in that year, the	121295
board of education levies a school district emergency levy for an	121296
annual sum at least equal to the annual sum levied by the board in	121297
tax year 1998 or 1999, respectively, less the amount of the	121298
payment certified under this division for 2002.	121299

(2) The total taxable value in tax year 1999 less the tax	121300
value loss in each school district, joint vocational school	121301
district, and local taxing unit multiplied by one-fourth of one	121302
mill.	121303

If the amount computed under division (H) of this section for	121304
any school district, joint vocational school district, or local	121305
taxing unit is greater than zero, that amount shall equal the	121306
fixed-sum levy loss reimbursed pursuant to division ~~(E)~~(F) of	121307
section 5727.85 of the Revised Code or division (A)(2) of section	121308
5727.86 of the Revised Code, and the one-fourth of one mill that	121309
is subtracted under division (H)(2) of this section shall be	121310
apportioned among all contributing fixed-sum levies in the	121311
proportion of each levy to the sum of all fixed-sum levies within	121312
each school district, joint vocational school district, or local	121313
taxing unit.	121314

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	121315
section, in computing the tax value loss, fixed-rate levy loss,	121316
and fixed-sum levy loss, the tax commissioner shall use the	121317
greater of the 1998 tax rate or the 1999 tax rate in the case of	121318
levy losses associated with the electric company tax value loss,	121319
but the 1999 tax rate shall not include for this purpose any tax	121320
levy approved by the voters after June 30, 1999, and the tax	121321
commissioner shall use the greater of the 1999 or the 2000 tax	121322
rate in the case of levy losses associated with the natural gas	121323
company tax value loss.	121324

(J) Not later than January 1, 2002, the tax commissioner	121325
shall certify to the department of education the tax value loss	121326
determined under divisions (D) and (E) of this section for each	121327
taxing district, the fixed-rate levy loss calculated under	121328
division (G) of this section, and the fixed-sum levy loss	121329
calculated under division (H) of this section. The calculations	121330
under divisions (G) and (H) of this section shall separately	121331
display the levy loss for each levy eligible for reimbursement.	121332

(K) Not later than September 1, 2001, the tax commissioner	121333
shall certify the amount of the fixed-sum levy loss to the county	121334
auditor of each county in which a school district with a fixed-sum	121335
levy loss has territory.	121336

Sec. 5727.85. (A) By the thirty-first day of July of each	121337
year, beginning in 2002 and ending in ~~2016~~2010, the department of	121338
education shall determine the following for each school district	121339
and each joint vocational school district:	121340

(1) The state education aid offset, which, except as provided	121341
in division (A)(1)(c) of this section, is the difference obtained	121342
by subtracting the amount described in division (A)(1)(b) of this	121343
section from the amount described in division (A)(1)(a) of this	121344
section:	121345

(a) The state education aid computed for the school district	121346
or joint vocational school district for the current fiscal year as	121347
of the thirty-first day of July;	121348

(b) The state education aid that would be computed for the	121349
school district or joint vocational school district for the	121350
current fiscal year as of the thirty-first day of July if the	121351
recognized valuation included the tax value loss for the school	121352
district or joint vocational school district;	121353

(c) The state education aid offset for fiscal year 2010 and	121354
fiscal year 2011 equals the greater of the state education aid	121355
offset calculated for that fiscal year under divisions (A)(1)(a)	121356
and (b) of this section or the state education aid offset	121357
calculated for fiscal year 2009.	121358

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	121359
zero or the difference obtained by subtracting the state education	121360
aid offset determined under division (A)(1) of this section from	121361
the fixed-rate levy loss certified under division (J) of section	121362
5727.84 of the Revised Code for all taxing districts in each	121363
school district and joint vocational school district.	121364

By the fifth day of August of each such year, the department	121365
of education shall certify the amount so determined under division	121366
(A)(1) of this section to the director of budget and management.	121367

(B) Not later than the thirty-first day of October of the	121368
years 2006 through ~~2016~~2010, the department of education shall	121369
determine all of the following for each school district:	121370

(1) The amount obtained by subtracting the district's state	121371
education aid computed for fiscal year 2002 from the district's	121372
state education aid computed for the current fiscal year as of the	121373
fifteenth day of July, by including in the definition of	121374
recognized valuation the machinery and equipment, inventory,	121375
furniture and fixtures, and telephone property tax value losses,	121376
as defined in section 5751.20 of the Revised Code, for the school	121377
district or joint vocational school district for the preceding tax	121378
year;	121379

(2) The inflation-adjusted property tax loss. The	121380
inflation-adjusted property tax loss equals the fixed-rate levy	121381
loss, excluding the tax loss from levies within the ten-mill	121382
limitation to pay debt charges, determined under division (G) of	121383
section 5727.84 of the Revised Code for all taxing districts in	121384
each school district, plus the product obtained by multiplying	121385
that loss by the cumulative percentage increase in the consumer	121386
price index from January 1, 2002, to the thirtieth day of June of	121387
the current year.	121388

(3) The difference obtained by subtracting the amount	121389
computed under division (B)(1) from the amount of the	121390
inflation-adjusted property tax loss. If this difference is zero	121391
or a negative number, no further payments shall be made under	121392
division (C) of this section to the school district from the	121393
school district property tax replacement fund.	121394

(C) ~~The~~Beginning in 2002 for school districts and beginning	121395
in August 2011 for joint vocational school districts, the	121396
department of education shall pay from the school district	121397
property tax replacement fund to each school district all of the	121398
following:	121399

(1) In February 2002, one-half of the fixed-rate levy loss	121400
certified under division (J) of section 5727.84 of the Revised	121401
Code between the twenty-first and twenty-eighth days of February.	121402

(2) From August 2002 through ~~August 2017~~February 2011,	121403
one-half of the amount calculated for that fiscal year under	121404
division (A)(2) of this section between the twenty-first and	121405
twenty-eighth days of August and of February, provided the	121406
difference computed under division (B)(3) of this section is not	121407
less than or equal to zero.	121408

~~For~~(3) For fiscal years 2012 and thereafter, the sum of the	121409
amounts in divisions (C)(3)(a) or (b) and (c) of this section	121410
shall be paid on or before the thirty-first day of August and the	121411
twenty-eighth day of February:	121412

(a) If the ratio of 2011 current expense S.B. 3 allocation to	121413
total resources is equal to or less than the threshold per cent,	121414
zero;	121415

(b) If the ratio of 2011 current expense S.B. 3 allocation to	121416
total resources is greater than the threshold per cent, fifty per	121417
cent of the difference of 2011 current expense S.B. 3 allocation	121418
minus the product of total resources multiplied by the threshold	121419
per cent;	121420

(c) Fifty per cent of the product of 2011 non-current expense	121421
S.B. 3 allocation multiplied by seventy-five per cent for fiscal	121422
year 2012 and fifty per cent for fiscal years 2013 and thereafter.	121423

The department of education shall report to each school	121424
district the apportionment of the payments among the school	121425
district's funds based on the certifications under division (J) of	121426
section 5727.84 of the Revised Code.	121427

(D) For taxes levied within the ten-mill limitation for debt	121428
purposes in tax year 1998 in the case of electric company tax	121429
value losses, and in tax year 1999 in the case of natural gas	121430
company tax value losses, payments shall be made equal to one	121431
hundred per cent of the loss computed as if the tax were a	121432
fixed-rate levy, but those payments shall extend from fiscal year	121433
2006 through fiscal year 2016.	121434

~~The department of education shall report to each school~~	121435
~~district the apportionment of the payments among the school~~	121436
~~district's funds based on the certifications under division (J) of~~	121437
~~section 5727.84 of the Revised Code.~~	121438

~~(D)~~(E) Not later than January 1, 2002, for all taxing	121439
districts in each joint vocational school district, the tax	121440
commissioner shall certify to the department of education the	121441
fixed-rate levy loss determined under division (G) of section	121442
5727.84 of the Revised Code. From February 2002 ~~to August 2016~~	121443
through February 2011, the department shall pay from the school	121444
district property tax replacement fund to the joint vocational	121445
school district one-half of the amount calculated for that fiscal	121446
year under division (A)(2) of this section between the	121447
twenty-first and twenty-eighth days of August and of February.	121448

~~(E)~~(F)(1) Not later than January 1, 2002, for each fixed-sum	121449
levy levied by each school district or joint vocational school	121450
district and for each year for which a determination is made under	121451
division (H) of section 5727.84 of the Revised Code that a	121452
fixed-sum levy loss is to be reimbursed, the tax commissioner	121453
shall certify to the department of education the fixed-sum levy	121454
loss determined under that division. The certification shall cover	121455
a time period sufficient to include all fixed-sum levies for which	121456
the tax commissioner made such a determination. The department	121457
shall pay from the school district property tax replacement fund	121458
to the school district or joint vocational school district	121459
one-half of the fixed-sum levy loss so certified for each year	121460
between the twenty-first and twenty-eighth days of August and of	121461
February.	121462

(2) Beginning in 2003, by the thirty-first day of January of	121463
each year, the tax commissioner shall review the certification	121464
originally made under division ~~(E)~~(F)(1) of this section. If the	121465
commissioner determines that a debt levy that had been scheduled	121466
to be reimbursed in the current year has expired, a revised	121467
certification for that and all subsequent years shall be made to	121468
the department of education.	121469

~~(F)~~(G) If the balance of the half-mill equalization fund	121470
created under section 3318.18 of the Revised Code is insufficient	121471
to make the full amount of payments required under division (D) of	121472
that section, the department of education, at the end of the third	121473
quarter of the fiscal year, shall certify to the director of	121474
budget and management the amount of the deficiency, and the	121475
director shall transfer an amount equal to the deficiency from the	121476
school district property tax replacement fund to the half-mill	121477
equalization fund.	121478

~~(G)~~(H) Beginning in August 2002, and ending in May ~~2017~~2011,	121479
the director of budget and management shall transfer from the	121480
school district property tax replacement fund to the general	121481
revenue fund each of the following:	121482

(1) Between the twenty-eighth day of August and the fifth day	121483
of September, the lesser of one-half of the amount certified for	121484
that fiscal year under division (A)(2) of this section or the	121485
balance in the school district property tax replacement fund;	121486

(2) Between the first and fifth days of May, the lesser of	121487
one-half of the amount certified for that fiscal year under	121488
division (A)(2) of this section or the balance in the school	121489
district property tax replacement fund.	121490

~~(H)~~(I) On the first day of June each year, the director of	121491
budget and management shall transfer any balance remaining in the	121492
school district property tax replacement fund after the payments	121493
have been made under divisions (C), (D), (E), (F), ~~and~~ (G), and	121494
(H) of this section to the half-mill equalization fund created	121495
under section 3318.18 of the Revised Code to the extent required	121496
to make any payments in the current fiscal year under that	121497
section, and shall transfer the remaining balance to the general	121498
revenue fund.	121499

~~(I) From~~(J) After fiscal year 2002 ~~through fiscal year 2016~~,	121500
if the total amount in the school district property tax	121501
replacement fund is insufficient to make all payments under	121502
divisions (C), (D), (E), ~~and~~ (F), and (G) of this section at the	121503
time the payments are to be made, the director of budget and	121504
management shall transfer from the general revenue fund to the	121505
school district property tax replacement fund the difference	121506
between the total amount to be paid and the total amount in the	121507
school district property tax replacement fund, except that no	121508
transfer shall be made by reason of a deficiency to the extent	121509
that it results from the amendment of section 5727.84 of the	121510
Revised Code by Amended Substitute House Bill No. 95 of the 125th	121511
general assembly.	121512

~~(J)~~(K) If all of the territory of a school district or joint	121513
vocational school district is merged with an existing district, or	121514
if a part of the territory of a school district or joint	121515
vocational school district is transferred to an existing or new	121516
district, the department of education, in consultation with the	121517
tax commissioner, shall adjust the payments made under this	121518
section as follows:	121519

(1) For the merger of all of the territory of two or more	121520
districts, the ~~fixed-rate levy loss and the~~total resources, 2011	121521
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,	121522
2011 non-current expense S.B. 3 allocation, and fixed-sum levy	121523
loss of the successor district shall be equal to the sum of the	121524
~~fixed-rate levy losses and the~~total resources, 2011 current	121525
expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 2011	121526
non-current expense S.B. 3 allocation, and fixed-sum levy ~~losses~~	121527
loss for each of the districts involved in the merger.	121528

(2) For the transfer of a part of one district's territory to	121529
an existing district, the amount of the ~~fixed-rate levy loss~~total	121530
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	121531
3 allocation, and 2011 non-current expense S.B. 3 allocation that	121532
is transferred to the recipient district shall be an amount equal	121533
to the transferring district's ~~total fixed-rate levy loss~~total	121534
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.	121535
3 allocation, and 2011 non-current expense S.B. 3 allocation times	121536
a fraction, the numerator of which is the ~~value of electric~~	121537
~~company tangible personal property located in the part of the~~	121538
~~territory that was~~number of pupils being transferred to the	121539
recipient district, measured, in the case of a school district, by	121540
average daily membership as reported under division (A) of section	121541
3317.03 of the Revised Code or, in the case of a joint vocational	121542
school district, by formula ADM as reported in division (D) of	121543
that section, and the denominator of which is the ~~total value of~~	121544
~~electric company tangible personal property located in the entire~~	121545
~~district from which the territory was transferred. The value of~~	121546
~~electric company tangible personal property under this division~~	121547
~~shall be determined for the most recent year for which data is~~	121548
~~available~~average daily membership or formula ADM of the	121549
transferor district. Fixed-sum levy losses for both districts	121550
shall be determined under division ~~(J)~~(K)(4) of this section.	121551

(3) For the transfer of a part of the territory of one or	121552
more districts to create a new district:	121553

(a) If the new district is created on or after January 1,	121554
2000, but before January 1, 2005, the new district shall be paid	121555
its current fixed-rate levy loss through August 2009. ~~From~~In	121556
February 2010 to, August ~~2016~~2010, and February 2011, the new	121557
district shall be paid fifty per cent of the lesser of: (i) the	121558
amount calculated under division (C)(2) of this section or (ii) an	121559
amount equal to seventy per cent of the new district's fixed-rate	121560
levy loss ~~multiplied by the percentage prescribed by the following~~	121561
~~schedule:~~	121562

~~YEAR~~	~~PERCENTAGE~~	121563
~~2010~~	~~70%~~	121564
~~2011~~	~~70%~~	121565
~~2012~~	~~60%~~	121566
~~2013~~	~~50%~~	121567
~~2014~~	~~40%~~	121568
~~2015~~	~~24%~~	121569
~~2016~~	~~11.5%~~	121570
~~2017 and thereafter~~	0%.	121571

Beginning in fiscal year 2012, the new district shall be paid	121572
as provided in division (C) of this section.	121573

Fixed-sum levy losses for the districts shall be determined	121574
under division ~~(J)~~(K)(4) of this section.	121575

(b) If the new district is created on or after January 1,	121576
2005, the new district shall be deemed not to have any fixed-rate	121577
levy loss or, except as provided in division ~~(J)~~(K)(4) of this	121578
section, fixed-sum levy loss. The district or districts from which	121579
the territory was transferred shall have no reduction in their	121580
fixed-rate levy loss, or, except as provided in division ~~(J)~~(K)(4)	121581
of this section, their fixed-sum levy loss.	121582

(4) If a recipient district under division ~~(J)~~(K)(2) of this	121583
section or a new district under division ~~(J)~~(K)(3)(a) or (b) of	121584
this section takes on debt from one or more of the districts from	121585
which territory was transferred, and any of the districts	121586
transferring the territory had fixed-sum levy losses, the	121587
department of education, in consultation with the tax	121588
commissioner, shall make an equitable division of the fixed-sum	121589
levy losses.	121590

~~(K) There is hereby created the public utility property tax~~	121591
~~study committee, effective January 1, 2011. The committee shall~~	121592
~~consist of the following seven members: the tax commissioner,~~	121593
~~three members of the senate appointed by the president of the~~	121594
~~senate, and three members of the house of representatives~~	121595
~~appointed by the speaker of the house of representatives. The~~	121596
~~appointments shall be made not later than January 31, 2011. The~~	121597
~~tax commissioner shall be the chairperson of the committee.~~	121598

~~The committee shall study the extent to which each school~~	121599
~~district or joint vocational school district has been compensated,~~	121600
~~under sections 5727.84 and 5727.85 of the Revised Code as enacted~~	121601
~~by Substitute Senate Bill No. 3 of the 123rd general assembly and~~	121602
~~any subsequent acts, for the property tax loss caused by the~~	121603
~~reduction in the assessment rates for natural gas, electric, and~~	121604
~~rural electric company tangible personal property. Not later than~~	121605
~~June 30, 2011, the committee shall issue a report of its findings,~~	121606
~~including any recommendations for providing additional~~	121607
~~compensation for the property tax loss or regarding remedial~~	121608
~~legislation, to the president of the senate and the speaker of the~~	121609
~~house of representatives, at which time the committee shall cease~~	121610
~~to exist.~~	121611

~~The department of taxation and department of education shall~~	121612
~~provide such information and assistance as is required for the~~	121613
~~committee to carry out its duties.~~	121614

Sec. 5727.86. (A) Not later than January 1, 2002, the tax	121615
commissioner shall compute the payments to be made to each local	121616
taxing unit for each year according to divisions (A)(1), (2), (3),	121617
and (4) and division (E) of this section, and shall distribute the	121618
payments in the manner prescribed by division (C) of this section.	121619
The calculation of the fixed-sum levy loss shall cover a time	121620
period sufficient to include all fixed-sum levies for which the	121621
tax commissioner determined, pursuant to division (H) of section	121622
5727.84 of the Revised Code, that a fixed-sum levy loss is to be	121623
reimbursed.	121624

(1) Except as provided in divisions (A)(3) and (4) of this	121625
section, ~~for fixed-rate levy losses determined under division (G)~~	121626
~~of section 5727.84 of the Revised Code, payments shall be made in~~	121627
~~each of the following years at the following percentage of the~~	121628
~~fixed-rate levy loss certified under division (A) of this section:~~	121629

~~YEAR~~	~~PERCENTAGE~~	121630
~~2002~~	~~100%~~	121631
~~2003~~	~~100%~~	121632
~~2004~~	~~100%~~	121633
~~2005~~	~~100%~~	121634
~~2006~~	~~100%~~	121635
~~2007~~	~~80%~~	121636
~~2008~~	~~80%~~	121637
~~2009~~	~~80%~~	121638
~~2010~~	~~80%~~	121639
~~2011~~	~~80%~~	121640
~~2012~~	~~66.7%~~	121641
~~2013~~	~~53.4%~~	121642
~~2014~~	~~40.1%~~	121643
~~2015~~	~~26.8%~~	121644
~~2016~~	~~13.5%~~	121645
~~2017 and thereafter~~	0%	121646

the following amounts shall be paid on or before the thirty-first	121647
day of August and the twenty-eighth day of February:	121648

(a) For years 2002 through 2006, fifty per cent of the	121649
fixed-rate levy loss computed under division (G) of section	121650
5727.84 of the Revised Code;	121651

(b) For years 2007 through 2010, forty per cent of the fixed	121652
rate levy loss computed under division (G) of section 5727.84 of	121653
the Revised Code;	121654

(c) For the payment in 2011 to be made on or before the	121655
twentieth day of February, the amount required to be paid in 2010	121656
on or before the twentieth day of February;	121657

(d) For the payment in 2011 to be made on or before the	121658
thirty-first day of August and for all payments to be made in	121659
years 2012 and thereafter, the sum of the amounts in divisions	121660
(A)(1)(d)(i) or (ii) and (iii) of this section:	121661

(i) If the ratio of fifty per cent of the taxing unit's 2010	121662
S.B. 3 allocation to its total resources is equal to or less than	121663
the threshold per cent, zero;	121664

(ii) If the ratio of fifty per cent of the taxing unit's 2010	121665
S.B. 3 allocation to its total resources is greater than the	121666
threshold per cent, the difference of fifty per cent of the 2010	121667
S.B. 3 allocation minus the product of total resources multiplied	121668
by the threshold per cent;	121669

(iii) In the case of a municipal corporation, fifty per cent	121670
of the product of its 2010 non-current expense S.B. 3 allocation	121671
multiplied by seventy-five per cent for year 2011, fifty per cent	121672
for year 2012, and twenty-five percent for years 2013 and	121673
thereafter.	121674

(2) For fixed-sum levy losses determined under division (H)	121675
of section 5727.84 of the Revised Code, payments shall be made in	121676
the amount of one hundred per cent of the fixed-sum levy loss for	121677
payments required to be made in 2002 and thereafter.	121678

(3) A local taxing unit in a county of less than two hundred	121679
fifty square miles that receives eighty per cent or more of its	121680
combined general fund and bond retirement fund revenues from	121681
property taxes and rollbacks based on 1997 actual revenues as	121682
presented in its 1999 tax budget, and in which electric companies	121683
and rural electric companies comprise over twenty per cent of its	121684
property valuation, shall receive one hundred per cent of its	121685
fixed-rate levy losses from electric company tax value losses	121686
certified under division (A) of this section in years 2002 to ~~2016~~	121687
2010. Beginning in 2011, payments for such local taxing units	121688
shall be determined under division (A)(1) of this section.	121689

(4) For taxes levied within the ten-mill limitation or	121690
pursuant to a municipal charter for debt purposes in tax year 1998	121691
in the case of electric company tax value losses, and in tax year	121692
1999 in the case of natural gas company tax value losses, payments	121693
shall be made equal to one hundred per cent of the loss computed	121694
as if the tax were a fixed-rate levy, but those payments shall	121695
extend from ~~fiscal year 2006~~2011 through ~~fiscal year~~ 2016 if the	121696
levy was imposed for debt purposes in tax year 2010. If the levy	121697
is not imposed for debt purposes in tax year 2010 or any following	121698
tax year before tax year 2016, payments for that levy shall be	121699
made under division (A)(1) of this section beginning with the	121700
first year after the year the levy is imposed for a purpose other	121701
than debt. For the purposes of this division, taxes levied	121702
pursuant to a municipal charter refer to taxes levied pursuant to	121703
a provision of a municipal charter that permits the tax to be	121704
levied without prior voter approval.	121705

(B) Beginning in 2003, by the thirty-first day of January of	121706
each year, the tax commissioner shall review the calculation	121707
originally made under division (A) of this section of the	121708
fixed-sum levy loss determined under division (H) of section	121709
5727.84 of the Revised Code. If the commissioner determines that a	121710
fixed-sum levy that had been scheduled to be reimbursed in the	121711
current year has expired, a revised calculation for that and all	121712
subsequent years shall be made.	121713

(C) Payments to local taxing units required to be made under	121714
divisions (A) and (E) of this section shall be paid from the local	121715
government property tax replacement fund to the county undivided	121716
income tax fund in the proper county treasury. ~~One-half of the~~	121717
~~amount certified under those divisions shall be paid between the~~	121718
~~twenty-first and twenty-eighth days of August and of February.~~ The	121719
county treasurer shall distribute amounts paid under division (A)	121720
of this section to the proper local taxing unit as if they had	121721
been levied and collected as taxes, and the local taxing unit	121722
shall apportion the amounts so received among its funds in the	121723
same proportions as if those amounts had been levied and collected	121724
as taxes. Except in the case of amounts distributed to the county	121725
as a local taxing unit, amounts distributed under division (E)(2)	121726
of this section shall be credited to the general fund of the local	121727
taxing unit that receives them. Amounts distributed to each county	121728
as a local taxing unit under division (E)(2) of this section shall	121729
be credited in the proportion that the current taxes charged and	121730
payable from each levy of or by the county bears to the total	121731
current taxes charged and payable from all levies of or by the	121732
county.	121733

(D) By February 5, 2002, the tax commissioner shall estimate	121734
the amount of money in the local government property tax	121735
replacement fund in excess of the amount necessary to make	121736
payments in that month under division (C) of this section.	121737
Notwithstanding division (A) of this section, the tax commissioner	121738
may pay any local taxing unit, from those excess funds, nine and	121739
four-tenths times the amount computed for 2002 under division	121740
(A)(1) of this section. A payment made under this division shall	121741
be in lieu of the payment to be made in February 2002 under	121742
division (A)(1) of this section. A local taxing unit receiving a	121743
payment under this division will no longer be entitled to any	121744
further payments under division (A)(1) of this section. A payment	121745
made under this division shall be paid from the local government	121746
property tax replacement fund to the county undivided income tax	121747
fund in the proper county treasury. The county treasurer shall	121748
distribute the payment to the proper local taxing unit as if it	121749
had been levied and collected as taxes, and the local taxing unit	121750
shall apportion the amounts so received among its funds in the	121751
same proportions as if those amounts had been levied and collected	121752
as taxes.	121753

(E)(1) On the thirty-first day of July of 2002, 2003, 2004,	121754
2005, and 2006, and on the thirty-first day of January and July of	121755
2007 ~~and each year thereafter~~through January 2011, if the amount	121756
credited to the local government property tax replacement fund	121757
exceeds the amount needed to be distributed from the fund under	121758
division (A) of this section in the following month, the tax	121759
commissioner shall distribute the excess to each county as	121760
follows:	121761

(a) One-half shall be distributed to each county in	121762
proportion to each county's population.	121763

(b) One-half shall be distributed to each county in the	121764
proportion that the amounts determined under divisions (G) and (H)	121765
of section 5727.84 of the Revised Code for all local taxing units	121766
in the county is of the total amounts so determined for all local	121767
taxing units in the state.	121768

(2) The amounts distributed to each county under division (E)	121769
of this section shall be distributed by the county auditor to each	121770
local taxing unit in the county in the proportion that the unit's	121771
current taxes charged and payable are of the total current taxes	121772
charged and payable of all the local taxing units in the county.	121773
If the amount that the county auditor determines to be distributed	121774
to a local taxing unit is less than five dollars, that amount	121775
shall not be distributed, and the amount not distributed shall	121776
remain credited to the county undivided income tax fund. At the	121777
time of the next distribution under division (E)(2) of this	121778
section, any amount that had not been distributed in the prior	121779
distribution shall be added to the amount available for the next	121780
distribution prior to calculation of the amount to be distributed.	121781
As used in this division, "current taxes charged and payable"	121782
means the taxes charged and payable as most recently determined	121783
for local taxing units in the county.	121784

~~(3) If, in the opinion of the tax commissioner, the excess~~	121785
~~remaining in the local government property tax replacement fund in~~	121786
~~any year is not sufficient to warrant distribution~~After January	121787
2011, any amount that exceeds the amount needed to be distributed	121788
from the fund under division ~~(E)~~(A) of this section~~, the excess~~	121789
~~shall remain to the credit of~~in the following month shall be	121790
transferred to the general revenue fund.	121791

(F) ~~From fiscal year 2002 through fiscal year 2016, if~~If the	121792
total amount in the local government property tax replacement fund	121793
is insufficient to make all payments under division (C) of this	121794
section at the times the payments are to be made, the director of	121795
budget and management shall transfer from the general revenue fund	121796
to the local government property tax replacement fund the	121797
difference between the total amount to be paid and the amount in	121798
the local government property tax replacement fund, except that no	121799
transfer shall be made by reason of a deficiency to the extent	121800
that it results from the amendment of section 5727.84 of the	121801
Revised Code by Amended Substitute House Bill 95 of the 125th	121802
general assembly.	121803

(G) If all or a part of the territories of two or more local	121804
taxing units are merged, or unincorporated territory of a township	121805
is annexed by a municipal corporation, the tax commissioner shall	121806
adjust the payments made under this section to each of the local	121807
taxing units in proportion to the ~~tax value loss~~square mileage	121808
apportioned to the merged or annexed territory, or as otherwise	121809
provided by a written agreement between the legislative	121810
authorities of the local taxing units certified to the tax	121811
commissioner not later than the first day of June of the calendar	121812
year in which the payment is to be made.	121813

Sec. 5729.17. (A) As used in this section, "certificate	121814
owner" has the same meaning as in section 149.311 of the Revised	121815
Code.	121816

(B) There is allowed a credit against the tax imposed by	121817
section 5729.03 of the Revised Code for an insurance company	121818
subject to that tax that is a certificate owner of a	121819
rehabilitation tax credit certificate issued under section 149.311	121820
of the Revised Code. The credit shall equal twenty-five per cent	121821
of the dollar amount indicated on the certificate, but the amount	121822
of the credit allowed for any company for any year shall not	121823
exceed five million dollars. The credit shall be claimed in the	121824
calendar year specified in the certificate and in the order	121825
required under section 5729.98 of the Revised Code. If the credit	121826
exceeds the amount of tax otherwise due in that year, the excess	121827
shall be refunded to the company but, if any amount of the credit	121828
is refunded, the sum of the amount refunded and the amount applied	121829
to reduce the tax otherwise due in that year shall not exceed	121830
three million dollars. The company may carry forward any balance	121831
of the credit in excess of the amount claimed in that year for not	121832
more than five ensuing years, and shall deduct any amount claimed	121833
in any such year from the amount claimed in an ensuing year.	121834

(C) An insurance company claiming a credit under this section	121835
shall retain the rehabilitation tax credit certificate for four	121836
years following the end of the year in which the credit was	121837
claimed, and shall make the certificate available for inspection	121838
by the tax commissioner upon the request of the tax commissioner	121839
during that period.	121840

Sec. 5729.98. (A) To provide a uniform procedure for	121841
calculating the amount of tax due under this chapter, a taxpayer	121842
shall claim any credits and offsets against tax liability to which	121843
it is entitled in the following order:	121844

(1) The credit for an insurance company or insurance company	121845
group under section 5729.031 of the Revised Code;	121846

(2) The credit for eligible employee training costs under	121847
section 5729.07 of the Revised Code;	121848

(3) The credit for purchases of qualified low-income	121849
community investments under section 5729.16 of the Revised Code;	121850

(4) The nonrefundable job retention credit under division	121851
(B)(1) of section 122.171 of the Revised Code;	121852

(5) The offset of assessments by the Ohio life and health	121853
insurance guaranty association against tax liability permitted by	121854
section 3956.20 of the Revised Code;	121855

(6) The refundable credit for rehabilitating a historic	121856
building under section 5729.17 of the Revised Code.	121857

(7) The refundable credit for Ohio job retention under	121858
division (B)(2) or (3) of section 122.171 of the Revised Code;	121859

~~(7)~~(8) The refundable credit for Ohio job creation under	121860
section 5729.032 of the Revised Code;	121861

~~(8)~~(9) The refundable credit under section 5729.08 of the	121862
Revised Code for losses on loans made under the Ohio venture	121863
capital program under sections 150.01 to 150.10 of the Revised	121864
Code.	121865

(B) For any credit except the refundable credits enumerated	121866
in this section, the amount of the credit for a taxable year shall	121867
not exceed the tax due after allowing for any other credit that	121868
precedes it in the order required under this section. Any excess	121869
amount of a particular credit may be carried forward if authorized	121870
under the section creating that credit. Nothing in this chapter	121871
shall be construed to allow a taxpayer to claim, directly or	121872
indirectly, a credit more than once for a taxable year.	121873

Sec. 5731.02. (A) A tax is hereby levied on the transfer of	121874
the taxable estate, determined as provided in section 5731.14 of	121875
the Revised Code, of every person dying on or after July 1, 1968,	121876
and before January 1, 2013, who at the time of death was a	121877
resident of this state, as follows:	121878

If the taxable estate is:	The tax shall be:	121879
Not over $40,000	2% of the taxable estate	121880
Over $40,000 but not over $100,000	$800 plus 3% of the excess over $40,000	121881
Over $100,000 but not over $200,000	$2,600 plus 4% of the excess over $100,000	121882
Over $200,000 but not over $300,000	$6,600 plus 5% of the excess over $200,000	121883
Over $300,000 but not over $500,000	$11,600 plus 6% of the excess over $300,000	121884
Over $500,000	$23,600 plus 7% of the excess over $500,000.	121885

(B) A credit shall be allowed against the tax imposed by	121886
division (A) of this section equal to the lesser of five hundred	121887
dollars or the amount of the tax for persons dying on or after	121888
July 1, 1968, but before January 1, 2001; the lesser of six	121889
thousand six hundred dollars or the amount of the tax for persons	121890
dying on or after January 1, 2001, but before January 1, 2002; or	121891
the lesser of thirteen thousand nine hundred dollars or the amount	121892
of the tax for persons dying on or after January 1, 2002.	121893

Sec. 5731.19. (A) A tax is hereby levied upon the transfer	121894
of so much of the taxable estate of every person dying on or after	121895
July 1, 1968, and before January 1, 2013, who, at the time of ~~his~~	121896
death, was not a resident of this state, as consists of real	121897
property situated in this state, tangible personal property having	121898
an actual situs in this state, and intangible personal property	121899
employed in carrying on a business within this state unless	121900
exempted from tax under the provisions of section 5731.34 of the	121901
Revised Code.	121902

(B) The amount of the tax on such real and tangible personal	121903
property shall be determined as follows:	121904

(1) Determine the amount of tax which would be payable under	121905
Chapter 5731. of the Revised Code if the decedent had died a	121906
resident of this state with all ~~his~~the decedent's property	121907
situated or located within this state;	121908

(2) Multiply the tax so determined by a fraction, the	121909
denominator of which shall be the value of the gross estate	121910
wherever situated and the numerator of which shall be the said	121911
gross estate value of the real property situated and the tangible	121912
personal property having an actual situs in this state and	121913
intangible personal property employed in carrying on a business	121914
within this state and not exempted from tax under section 5731.34	121915
of the Revised Code. The product shall be the amount of tax	121916
payable to this state.	121917

(C) In addition to the tax levied by division (A) of this	121918
section, an additional tax is hereby levied on such real and	121919
tangible personal property determined as follows:	121920

(1) Determine the amount of tax which would be payable under	121921
division (A) of section 5731.18 of the Revised Code, if the	121922
decedent had died a resident of this state with all ~~his~~the	121923
decedent's property situated or located within this state;	121924

(2) Multiply the tax so determined by a fraction, the	121925
denominator of which shall be the value of the gross estate	121926
wherever situated and the numerator of which shall be the said	121927
gross estate value of the real property situated and the tangible	121928
property having an actual situs in this state and intangible	121929
personal property employed in carrying on a business within this	121930
state and not exempted from tax under section 5731.34 of the	121931
Revised Code. The product so derived shall be credited with the	121932
amount of the tax determined under division (B) of this section.	121933

Sec. 5731.21. (A)(1)(a) Except as provided under division	121934
(A)(3) of this section, the executor or administrator, or, if no	121935
executor or administrator has been appointed, another person in	121936
possession of property the transfer of which is subject to estate	121937
taxes under section 5731.02 or division (A) of section 5731.19 of	121938
the Revised Code, shall file an estate tax return, within nine	121939
months of the date of the decedent's death, in the form prescribed	121940
by the tax commissioner, in duplicate, with the probate court of	121941
the county. The return shall include all property the transfer of	121942
which is subject to estate taxes, whether that property is	121943
transferred under the last will and testament of the decedent or	121944
otherwise. The time for filing the return may be extended by the	121945
tax commissioner.	121946

(b) The estate tax return described in division (A)(1)(a) of	121947
this section shall be accompanied by a certificate, in the form	121948
prescribed by the tax commissioner, that is signed by the	121949
executor, administrator, or other person required to file the	121950
return, and that states all of the following:	121951

(i) The fact that the return was filed;

121952

(ii) The date of the filing of the return;

121953

(iii) The fact that the estate taxes under section 5731.02 or	121954
division (A) of section 5731.19 of the Revised Code, that are	121955
shown to be due in the return, have been paid in full;	121956

(iv) If applicable, the fact that real property listed in the	121957
inventory for the decedent's estate is included in the return;	121958

(v) If applicable, the fact that real property not listed in	121959
the inventory for the decedent's estate, including, but not	121960
limited to, survivorship tenancy property as described in section	121961
5302.17 of the Revised Code or transfer on death property as	121962
described in sections 5302.22 and 5302.23 of the Revised Code,	121963
also is included in the return. In this regard, the certificate	121964
additionally shall describe that real property by the same	121965
description used in the return.	121966

(2) The probate court shall forward one copy of the estate	121967
tax return described in division (A)(1)(a) of this section to the	121968
tax commissioner.	121969

(3) A person shall not be required to file a return under	121970
division (A) of this section if the decedent was a resident of	121971
this state and the value of the decedent's gross estate is	121972
twenty-five thousand dollars or less in the case of a decedent	121973
dying on or after July 1, 1968, but before January 1, 2001; two	121974
hundred thousand dollars or less in the case of a decedent dying	121975
on or after January 1, 2001, but before January 1, 2002; or three	121976
hundred thirty-eight thousand three hundred thirty-three dollars	121977
or less in the case of a decedent dying on or after January 1,	121978
2002. No return shall be filed for estates of decedents dying on	121979
or after January 1, 2013.	121980

(4)(a) Upon receipt of the estate tax return described in	121981
division (A)(1)(a) of this section and the accompanying	121982
certificate described in division (A)(1)(b) of this section, the	121983
probate court promptly shall give notice of the return, by a form	121984
prescribed by the tax commissioner, to the county auditor. The	121985
auditor then shall make a charge based upon the notice and shall	121986
certify a duplicate of the charge to the county treasurer. The	121987
treasurer then shall collect, subject to division (A) of section	121988
5731.25 of the Revised Code or any other statute extending the	121989
time for payment of an estate tax, the tax so charged.	121990

(b) Upon receipt of the return and the accompanying	121991
certificate, the probate court also shall forward the certificate	121992
to the auditor. When satisfied that the estate taxes under section	121993
5731.02 or division (A) of section 5731.19 of the Revised Code,	121994
that are shown to be due in the return, have been paid in full,	121995
the auditor shall stamp the certificate so forwarded to verify	121996
that payment. The auditor then shall return the stamped	121997
certificate to the probate court.	121998

(5)(a) The certificate described in division (A)(1)(b) of	121999
this section is a public record subject to inspection and copying	122000
in accordance with section 149.43 of the Revised Code. It shall be	122001
kept in the records of the probate court pertaining to the	122002
decedent's estate and is not subject to the confidentiality	122003
provisions of section 5731.90 of the Revised Code.	122004

(b) All persons are entitled to rely on the statements	122005
contained in a certificate as described in division (A)(1)(b) of	122006
this section if it has been filed in accordance with that	122007
division, forwarded to a county auditor and stamped in accordance	122008
with division (A)(4) of this section, and placed in the records of	122009
the probate court pertaining to the decedent's estate in	122010
accordance with division (A)(5)(a) of this section. The real	122011
property referred to in the certificate shall be free of, and may	122012
be regarded by all persons as being free of, any lien for estate	122013
taxes under section 5731.02 and division (A) of section 5731.19 of	122014
the Revised Code.	122015

(B) An estate tax return filed under this section, in the	122016
form prescribed by the tax commissioner, and showing that no	122017
estate tax is due shall result in a determination that no estate	122018
tax is due, if the tax commissioner within three months after the	122019
receipt of the return by the department of taxation, fails to file	122020
exceptions to the return in the probate court of the county in	122021
which the return was filed. A copy of exceptions to a return of	122022
that nature, when the tax commissioner files them within that	122023
period, shall be sent by ordinary mail to the person who filed the	122024
return. The tax commissioner is not bound under this division by a	122025
determination that no estate tax is due, with respect to property	122026
not disclosed in the return.	122027

(C) If the executor, administrator, or other person required	122028
to file an estate tax return fails to file it within nine months	122029
of the date of the decedent's death, the tax commissioner may	122030
determine the estate tax in that estate and issue a certificate of	122031
determination in the same manner as is provided in division (B) of	122032
section 5731.27 of the Revised Code. A certificate of	122033
determination of that nature has the same force and effect as	122034
though a return had been filed and a certificate of determination	122035
issued with respect to the return.	122036

Sec. 5731.39. (A) No corporation organized or existing under	122037
the laws of this state shall transfer on its books or issue a new	122038
certificate for any share of its capital stock registered in the	122039
name of a decedent, or in trust for a decedent, or in the name of	122040
a decedent and another person or persons, without the written	122041
consent of the tax commissioner.	122042

(B) No safe deposit company, trust company, financial	122043
institution as defined in division (A) of section 5725.01 of the	122044
Revised Code or other corporation or person, having in possession,	122045
control, or custody a deposit standing in the name of a decedent,	122046
or in trust for a decedent, or in the name of a decedent and	122047
another person or persons, shall deliver or transfer an amount in	122048
excess of three-fourths of the total value of such deposit,	122049
including accrued interest and dividends, as of the date of	122050
decedent's death, without the written consent of the tax	122051
commissioner. The written consent of the tax commissioner need not	122052
be obtained prior to the delivery or transfer of amounts having a	122053
value of three-fourths or less of said total value.	122054

(C) No life insurance company shall pay the proceeds of an	122055
annuity or matured endowment contract, or of a life insurance	122056
contract payable to the estate of a decedent, or of any other	122057
insurance contract taxable under Chapter 5731. of the Revised	122058
Code, without the written consent of the tax commissioner. Any	122059
life insurance company may pay the proceeds of any insurance	122060
contract not specified in this division (C) without the written	122061
consent of the tax commissioner.	122062

(D) No trust company or other corporation or person shall pay	122063
the proceeds of any death benefit, retirement, pension or profit	122064
sharing plan in excess of two thousand dollars, without the	122065
written consent of the tax commissioner. Such trust company or	122066
other corporation or person, however, may pay the proceeds of any	122067
death benefit, retirement, pension, or profit-sharing plan which	122068
consists of insurance on the life of the decedent payable to a	122069
beneficiary other than the estate of the insured without the	122070
written consent of the tax commissioner.	122071

(E) No safe deposit company, trust company, financial	122072
institution as defined in division (A) of section 5725.01 of the	122073
Revised Code, or other corporation or person, having in	122074
possession, control, or custody securities, assets, or other	122075
property (including the shares of the capital stock of, or other	122076
interest in, such safe deposit company, trust company, financial	122077
institution as defined in division (A) of section 5725.01 of the	122078
Revised Code, or other corporation), standing in the name of a	122079
decedent, or in trust for a decedent, or in the name of a decedent	122080
and another person or persons, and the transfer of which is	122081
taxable under Chapter 5731. of the Revised Code, shall deliver or	122082
transfer any such securities, assets, or other property which have	122083
a value as of the date of decedent's death in excess of	122084
three-fourths of the total value thereof, without the written	122085
consent of the tax commissioner. The written consent of the tax	122086
commissioner need not be obtained prior to the delivery or	122087
transfer of any such securities, assets, or other property having	122088
a value of three-fourths or less of said total value.	122089

(F) No safe deposit company, financial institution as defined	122090
in division (A) of section 5725.01 of the Revised Code, or other	122091
corporation or person having possession or control of a safe	122092
deposit box or similar receptacle standing in the name of a	122093
decedent or in the name of the decedent and another person or	122094
persons, or to which the decedent had a right of access, except	122095
when such safe deposit box or other receptacle stands in the name	122096
of a corporation or partnership, or in the name of the decedent as	122097
guardian or executor, shall deliver any of the contents thereof	122098
unless the safe deposit box or similar receptacle has been opened	122099
and inventoried in the presence of the tax commissioner or the	122100
commissioner's agent, and a written consent to transfer issued;	122101
provided, however, that a safe deposit company, financial	122102
institution, or other corporation or person having possession or	122103
control of a safe deposit box may deliver wills, deeds to burial	122104
lots, and insurance policies to a representative of the decedent,	122105
but that a representative of the safe deposit company, financial	122106
institution, or other corporation or person must supervise the	122107
opening of the box and make a written record of the wills, deeds,	122108
and policies removed. Such written record shall be included in the	122109
tax commissioner's inventory records.	122110

(G) Notwithstanding any provision of this section:

122111

(1) The tax commissioner may authorize any delivery or	122112
transfer or waive any of the foregoing requirements under such	122113
terms and conditions as the commissioner may prescribe;	122114

(2) An adult care facility, as defined in section ~~3722.01~~	122115
5119.70 of the Revised Code, or a home, as defined in section	122116
3721.10 of the Revised Code, may transfer or use the money in a	122117
personal needs allowance account in accordance with section	122118
5111.113 of the Revised Code without the written consent of the	122119
tax commissioner, and without the account having been opened and	122120
inventoried in the presence of the commissioner or the	122121
commissioner's agent.	122122

Failure to comply with this section shall render such safe	122123
deposit company, trust company, life insurance company, financial	122124
institution as defined in division (A) of section 5725.01 of the	122125
Revised Code, or other corporation or person liable for the amount	122126
of the taxes and interest due under the provisions of Chapter	122127
5731. of the Revised Code on the transfer of such stock, deposit,	122128
proceeds of an annuity or matured endowment contract or of a life	122129
insurance contract payable to the estate of a decedent, or other	122130
insurance contract taxable under Chapter 5731. of the Revised	122131
Code, proceeds of any death benefit, retirement, pension, or	122132
profit sharing plan in excess of two thousand dollars, or	122133
securities, assets, or other property of any resident decedent,	122134
and in addition thereto, to a penalty of not less than five	122135
hundred or more than five thousand dollars.	122136

Sec. 5733.0610. (A) A refundable corporation franchise tax	122137
credit granted by the tax credit authority under section 122.17 or	122138
division (B)(2) or (3) of section 122.171 of the Revised Code may	122139
be claimed under this chapter in the order required under section	122140
5733.98 of the Revised Code. For purposes of making tax payments	122141
under this chapter, taxes equal to the amount of the refundable	122142
credit shall be considered to be paid to this state on the first	122143
day of the tax year. The refundable credit shall not be claimed	122144
for any tax years following the calendar year in which a	122145
relocation of employment positions occurs in violation of an	122146
agreement entered into under section 122.171 of the Revised Code.	122147

(B) A nonrefundable corporation franchise tax credit granted	122148
by the tax credit authority under division (B)(1) of section	122149
122.171 of the Revised Code may be claimed under this chapter in	122150
the order required under section 5733.98 of the Revised Code.	122151

Sec. 5733.23. In addition to all other remedies for the	122152
collection of any taxes or penalties due under law, whenever any	122153
taxes, fees, or penalties due from any corporation have remained	122154
unpaid for a period of ninety days, or whenever any corporation	122155
has failed for a period of ninety days to make any report or	122156
return required by law, or to pay any penalty for failure to make	122157
or file such report or return, the attorney general, upon the	122158
request of the tax commissioner, shall file a petition in the	122159
court of common pleas in the county of the state in which such	122160
corporation has its principal place of business for a judgment for	122161
the amount of the taxes or penalties appearing to be due, the	122162
enforcement of any lien in favor of the state, and an injunction	122163
to restrain such corporation and its officers, directors, and	122164
managing agents from the transaction of any business within this	122165
state, other than such acts as are incidental to liquidation or	122166
winding up, until the payment of such taxes, fees, and penalties,	122167
and the costs of the proceeding which shall be fixed by the court,	122168
or the making and filing of such report or return.	122169

Such petition shall be in the name of the state. All or any	122170
of the corporations having their principal places of business in	122171
the county may be joined in one suit. On the motion of the	122172
attorney general, the court of common pleas shall enter an order	122173
requiring all defendants to answer by a day certain, and may	122174
appoint a special master commissioner to take testimony, with such	122175
other power and authority as the court confers, and permitting	122176
process to be served by registered mail and by publication in a	122177
newspaper of general circulation ~~published~~ in the county, which	122178
publication need not be made more than once, setting forth the	122179
name of each delinquent corporation, the matter in which such	122180
corporation is delinquent, the names of its officers, directors,	122181
and managing agents, if set forth in the petition, and the amount	122182
of any taxes, fees, or penalties claimed to be owing by said	122183
corporation.	122184

All or any of the officers, directors, shareholders, or	122185
managing agents of any corporation may be joined as defendants	122186
with such corporation.	122187

If it appears to the court upon hearing that any corporation	122188
which is a party to such proceeding is indebted to the state for	122189
taxes, fees, or penalties, judgment shall be entered therefor with	122190
interest; and if it appears that any corporation has failed to	122191
make or file any report or return, a mandatory injunction may be	122192
issued against such corporation, its officers, directors, and	122193
managing agents, enjoining them from the transaction of any	122194
business within this state, other than acts incidental to	122195
liquidation or winding up, until the making and filing of all	122196
proper reports or returns and until the payment in full of all	122197
taxes, fees, and penalties.	122198

If the officers, directors, shareholders, or managing agents	122199
of a corporation are not made parties in the first instance, and a	122200
judgment or an injunction is rendered or issued against such	122201
corporation, such officers, directors, shareholders, or managing	122202
agents may be made parties to such proceedings upon the motion of	122203
the attorney general, and, upon notice to them of the form and	122204
terms of such injunction, they shall be bound thereby as fully as	122205
if they had been made parties in the first instance.	122206

In any action authorized by this section, a statement of the	122207
commissioner, or the secretary of state, when duly certified,	122208
shall be prima-facie evidence of the amount of taxes, fees, or	122209
penalties due from any corporation, or of the failure of any	122210
corporation to file with the commissioner or the secretary of	122211
state any report required by law, and any such certificate of the	122212
commissioner or the secretary of state may be required in evidence	122213
in any such proceeding.	122214

On the application of any defendant and for good cause shown,	122215
the court may order a separate hearing of the issues as to any	122216
defendant.	122217

The costs of the proceeding shall be apportioned among the	122218
parties as the court deems proper.	122219

The court in such proceeding may make, enter, and enforce	122220
such other judgments and orders and grant such other relief as is	122221
necessary or incidental to the enforcement of the claims and lien	122222
of the state.	122223

In the performance of the duties enjoined upon ~~him~~the	122224
attorney general by this section the attorney general may direct	122225
any prosecuting attorney to bring an action, as authorized by this	122226
section, in the name of the state with respect to any delinquent	122227
corporations within ~~his~~the prosecuting attorney's county, and	122228
like proceedings and orders shall be had as if such action were	122229
instituted by the attorney general.	122230

Sec. 5739.01. As used in this chapter:

122231

(A) "Person" includes individuals, receivers, assignees,	122232
trustees in bankruptcy, estates, firms, partnerships,	122233
associations, joint-stock companies, joint ventures, clubs,	122234
societies, corporations, the state and its political subdivisions,	122235
and combinations of individuals of any form.	122236

(B) "Sale" and "selling" include all of the following	122237
transactions for a consideration in any manner, whether absolutely	122238
or conditionally, whether for a price or rental, in money or by	122239
exchange, and by any means whatsoever:	122240

(1) All transactions by which title or possession, or both,	122241
of tangible personal property, is or is to be transferred, or a	122242
license to use or consume tangible personal property is or is to	122243
be granted;	122244

(2) All transactions by which lodging by a hotel is or is to	122245
be furnished to transient guests;	122246

(3) All transactions by which:

122247

(a) An item of tangible personal property is or is to be	122248
repaired, except property, the purchase of which would not be	122249
subject to the tax imposed by section 5739.02 of the Revised Code;	122250

(b) An item of tangible personal property is or is to be	122251
installed, except property, the purchase of which would not be	122252
subject to the tax imposed by section 5739.02 of the Revised Code	122253
or property that is or is to be incorporated into and will become	122254
a part of a production, transmission, transportation, or	122255
distribution system for the delivery of a public utility service;	122256

(c) The service of washing, cleaning, waxing, polishing, or	122257
painting a motor vehicle is or is to be furnished;	122258

(d) Until August 1, 2003, industrial laundry cleaning	122259
services are or are to be provided and, on and after August 1,	122260
2003, laundry and dry cleaning services are or are to be provided;	122261

(e) Automatic data processing, computer services, or	122262
electronic information services are or are to be provided for use	122263
in business when the true object of the transaction is the receipt	122264
by the consumer of automatic data processing, computer services,	122265
or electronic information services rather than the receipt of	122266
personal or professional services to which automatic data	122267
processing, computer services, or electronic information services	122268
are incidental or supplemental. Notwithstanding any other	122269
provision of this chapter, such transactions that occur between	122270
members of an affiliated group are not sales. An "affiliated	122271
group" means two or more persons related in such a way that one	122272
person owns or controls the business operation of another member	122273
of the group. In the case of corporations with stock, one	122274
corporation owns or controls another if it owns more than fifty	122275
per cent of the other corporation's common stock with voting	122276
rights.	122277

(f) Telecommunications service, including prepaid calling	122278
service, prepaid wireless calling service, or ancillary service,	122279
is or is to be provided, but not including coin-operated telephone	122280
service;	122281

(g) Landscaping and lawn care service is or is to be	122282
provided;	122283

(h) Private investigation and security service is or is to be	122284
provided;	122285

(i) Information services or tangible personal property is	122286
provided or ordered by means of a nine hundred telephone call;	122287

(j) Building maintenance and janitorial service is or is to	122288
be provided;	122289

(k) Employment service is or is to be provided;

122290

(l) Employment placement service is or is to be provided;

122291

(m) Exterminating service is or is to be provided;

122292

(n) Physical fitness facility service is or is to be	122293
provided;	122294

(o) Recreation and sports club service is or is to be	122295
provided;	122296

(p) On and after August 1, 2003, satellite broadcasting	122297
service is or is to be provided;	122298

(q) On and after August 1, 2003, personal care service is or	122299
is to be provided to an individual. As used in this division,	122300
"personal care service" includes skin care, the application of	122301
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	122302
piercing, tanning, massage, and other similar services. "Personal	122303
care service" does not include a service provided by or on the	122304
order of a licensed physician or licensed chiropractor, or the	122305
cutting, coloring, or styling of an individual's hair.	122306

(r) On and after August 1, 2003, the transportation of	122307
persons by motor vehicle or aircraft is or is to be provided, when	122308
the transportation is entirely within this state, except for	122309
transportation provided by an ambulance service, by a transit bus,	122310
as defined in section 5735.01 of the Revised Code, and	122311
transportation provided by a citizen of the United States holding	122312
a certificate of public convenience and necessity issued under 49	122313
U.S.C. 41102;	122314

(s) On and after August 1, 2003, motor vehicle towing service	122315
is or is to be provided. As used in this division, "motor vehicle	122316
towing service" means the towing or conveyance of a wrecked,	122317
disabled, or illegally parked motor vehicle.	122318

(t) On and after August 1, 2003, snow removal service is or	122319
is to be provided. As used in this division, "snow removal	122320
service" means the removal of snow by any mechanized means, but	122321
does not include the providing of such service by a person that	122322
has less than five thousand dollars in sales of such service	122323
during the calendar year.	122324

(u) Electronic publishing service is or is to be provided to	122325
a consumer for use in business, except that such transactions	122326
occurring between members of an affiliated group, as defined in	122327
division (B)(3)(e) of this section, are not sales.	122328

(4) All transactions by which printed, imprinted,	122329
overprinted, lithographic, multilithic, blueprinted, photostatic,	122330
or other productions or reproductions of written or graphic matter	122331
are or are to be furnished or transferred;	122332

(5) The production or fabrication of tangible personal	122333
property for a consideration for consumers who furnish either	122334
directly or indirectly the materials used in the production of	122335
fabrication work; and include the furnishing, preparing, or	122336
serving for a consideration of any tangible personal property	122337
consumed on the premises of the person furnishing, preparing, or	122338
serving such tangible personal property. Except as provided in	122339
section 5739.03 of the Revised Code, a construction contract	122340
pursuant to which tangible personal property is or is to be	122341
incorporated into a structure or improvement on and becoming a	122342
part of real property is not a sale of such tangible personal	122343
property. The construction contractor is the consumer of such	122344
tangible personal property, provided that the sale and	122345
installation of carpeting, the sale and installation of	122346
agricultural land tile, the sale and erection or installation of	122347
portable grain bins, or the provision of landscaping and lawn care	122348
service and the transfer of property as part of such service is	122349
never a construction contract.	122350

As used in division (B)(5) of this section:

122351

(a) "Agricultural land tile" means fired clay or concrete	122352
tile, or flexible or rigid perforated plastic pipe or tubing,	122353
incorporated or to be incorporated into a subsurface drainage	122354
system appurtenant to land used or to be used directly in	122355
production by farming, agriculture, horticulture, or floriculture.	122356
The term does not include such materials when they are or are to	122357
be incorporated into a drainage system appurtenant to a building	122358
or structure even if the building or structure is used or to be	122359
used in such production.	122360

(b) "Portable grain bin" means a structure that is used or to	122361
be used by a person engaged in farming or agriculture to shelter	122362
the person's grain and that is designed to be disassembled without	122363
significant damage to its component parts.	122364

(6) All transactions in which all of the shares of stock of a	122365
closely held corporation are transferred, if the corporation is	122366
not engaging in business and its entire assets consist of boats,	122367
planes, motor vehicles, or other tangible personal property	122368
operated primarily for the use and enjoyment of the shareholders;	122369

(7) All transactions in which a warranty, maintenance or	122370
service contract, or similar agreement by which the vendor of the	122371
warranty, contract, or agreement agrees to repair or maintain the	122372
tangible personal property of the consumer is or is to be	122373
provided;	122374

(8) The transfer of copyrighted motion picture films used	122375
solely for advertising purposes, except that the transfer of such	122376
films for exhibition purposes is not a sale;	122377

(9) On and after August 1, 2003, all transactions by which	122378
tangible personal property is or is to be stored, except such	122379
property that the consumer of the storage holds for sale in the	122380
regular course of business;	122381

(10) All transactions in which "guaranteed auto protection"	122382
is provided whereby a person promises to pay to the consumer the	122383
difference between the amount the consumer receives from motor	122384
vehicle insurance and the amount the consumer owes to a person	122385
holding title to or a lien on the consumer's motor vehicle in the	122386
event the consumer's motor vehicle suffers a total loss under the	122387
terms of the motor vehicle insurance policy or is stolen and not	122388
recovered, if the protection and its price are included in the	122389
purchase or lease agreement;	122390

(11)(a) Except as provided in division (B)(11)(b) of this	122391
section, on and after October 1, 2009, all transactions by which	122392
health care services are paid for, reimbursed, provided,	122393
delivered, arranged for, or otherwise made available by a medicaid	122394
health insuring corporation pursuant to the corporation's contract	122395
with the state.	122396

(b) If the centers for medicare and medicaid services of the	122397
United States department of health and human services determines	122398
that the taxation of transactions described in division (B)(11)(a)	122399
of this section constitutes an impermissible health care-related	122400
tax under section 1903(w) of the "Social Security Act," 49 Stat.	122401
620 (1935), 42 U.S.C. 1396b(w), as amended, and regulations	122402
adopted thereunder, the director of job and family services shall	122403
notify the tax commissioner of that determination. Beginning with	122404
the first day of the month following that notification, the	122405
transactions described in division (B)(11)(a) of this section are	122406
not sales for the purposes of this chapter or Chapter 5741. of the	122407
Revised Code. The tax commissioner shall order that the collection	122408
of taxes under sections 5739.02, 5739.021, 5739.023, 5739.026,	122409
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code	122410
shall cease for transactions occurring on or after that date.	122411

Except as provided in this section, "sale" and "selling" do	122412
not include transfers of interest in leased property where the	122413
original lessee and the terms of the original lease agreement	122414
remain unchanged, or professional, insurance, or personal service	122415
transactions that involve the transfer of tangible personal	122416
property as an inconsequential element, for which no separate	122417
charges are made.	122418

(C) "Vendor" means the person providing the service or by	122419
whom the transfer effected or license given by a sale is or is to	122420
be made or given and, for sales described in division (B)(3)(i) of	122421
this section, the telecommunications service vendor that provides	122422
the nine hundred telephone service; if two or more persons are	122423
engaged in business at the same place of business under a single	122424
trade name in which all collections on account of sales by each	122425
are made, such persons shall constitute a single vendor.	122426

Physicians, dentists, hospitals, and veterinarians who are	122427
engaged in selling tangible personal property as received from	122428
others, such as eyeglasses, mouthwashes, dentifrices, or similar	122429
articles, are vendors. Veterinarians who are engaged in	122430
transferring to others for a consideration drugs, the dispensing	122431
of which does not require an order of a licensed veterinarian or	122432
physician under federal law, are vendors.	122433

(D)(1) "Consumer" means the person for whom the service is	122434
provided, to whom the transfer effected or license given by a sale	122435
is or is to be made or given, to whom the service described in	122436
division (B)(3)(f) or (i) of this section is charged, or to whom	122437
the admission is granted.	122438

(2) Physicians, dentists, hospitals, and blood banks operated	122439
by nonprofit institutions and persons licensed to practice	122440
veterinary medicine, surgery, and dentistry are consumers of all	122441
tangible personal property and services purchased by them in	122442
connection with the practice of medicine, dentistry, the rendition	122443
of hospital or blood bank service, or the practice of veterinary	122444
medicine, surgery, and dentistry. In addition to being consumers	122445
of drugs administered by them or by their assistants according to	122446
their direction, veterinarians also are consumers of drugs that	122447
under federal law may be dispensed only by or upon the order of a	122448
licensed veterinarian or physician, when transferred by them to	122449
others for a consideration to provide treatment to animals as	122450
directed by the veterinarian.	122451

(3) A person who performs a facility management, or similar	122452
service contract for a contractee is a consumer of all tangible	122453
personal property and services purchased for use in connection	122454
with the performance of such contract, regardless of whether title	122455
to any such property vests in the contractee. The purchase of such	122456
property and services is not subject to the exception for resale	122457
under division (E)(1) of this section.	122458

(4)(a) In the case of a person who purchases printed matter	122459
for the purpose of distributing it or having it distributed to the	122460
public or to a designated segment of the public, free of charge,	122461
that person is the consumer of that printed matter, and the	122462
purchase of that printed matter for that purpose is a sale.	122463

(b) In the case of a person who produces, rather than	122464
purchases, printed matter for the purpose of distributing it or	122465
having it distributed to the public or to a designated segment of	122466
the public, free of charge, that person is the consumer of all	122467
tangible personal property and services purchased for use or	122468
consumption in the production of that printed matter. That person	122469
is not entitled to claim exemption under division (B)(42)(f) of	122470
section 5739.02 of the Revised Code for any material incorporated	122471
into the printed matter or any equipment, supplies, or services	122472
primarily used to produce the printed matter.	122473

(c) The distribution of printed matter to the public or to a	122474
designated segment of the public, free of charge, is not a sale to	122475
the members of the public to whom the printed matter is	122476
distributed or to any persons who purchase space in the printed	122477
matter for advertising or other purposes.	122478

(5) A person who makes sales of any of the services listed in	122479
division (B)(3) of this section is the consumer of any tangible	122480
personal property used in performing the service. The purchase of	122481
that property is not subject to the resale exception under	122482
division (E)(1) of this section.	122483

(6) A person who engages in highway transportation for hire	122484
is the consumer of all packaging materials purchased by that	122485
person and used in performing the service, except for packaging	122486
materials sold by such person in a transaction separate from the	122487
service.	122488

(7) In the case of a transaction for health care services	122489
under division (B)(11) of this section, a medicaid health insuring	122490
corporation is the consumer of such services. The purchase of such	122491
services by a medicaid health insuring corporation is not subject	122492
to the exception for resale under division (E)(1) of this section	122493
or to the exemptions provided under divisions (B)(12), (18), (19),	122494
and (22) of section 5739.02 of the Revised Code.	122495

(E) "Retail sale" and "sales at retail" include all sales,	122496
except those in which the purpose of the consumer is to resell the	122497
thing transferred or benefit of the service provided, by a person	122498
engaging in business, in the form in which the same is, or is to	122499
be, received by the person.	122500

(F) "Business" includes any activity engaged in by any person	122501
with the object of gain, benefit, or advantage, either direct or	122502
indirect. "Business" does not include the activity of a person in	122503
managing and investing the person's own funds.	122504

(G) "Engaging in business" means commencing, conducting, or	122505
continuing in business, and liquidating a business when the	122506
liquidator thereof holds itself out to the public as conducting	122507
such business. Making a casual sale is not engaging in business.	122508

(H)(1)(a) "Price," except as provided in divisions (H)(2),	122509
(3), and (4) of this section, means the total amount of	122510
consideration, including cash, credit, property, and services, for	122511
which tangible personal property or services are sold, leased, or	122512
rented, valued in money, whether received in money or otherwise,	122513
without any deduction for any of the following:	122514

(i) The vendor's cost of the property sold;

122515

(ii) The cost of materials used, labor or service costs,	122516
interest, losses, all costs of transportation to the vendor, all	122517
taxes imposed on the vendor, including the tax imposed under	122518
Chapter 5751. of the Revised Code, and any other expense of the	122519
vendor;	122520

(iii) Charges by the vendor for any services necessary to	122521
complete the sale;	122522

(iv) On and after August 1, 2003, delivery charges. As used	122523
in this division, "delivery charges" means charges by the vendor	122524
for preparation and delivery to a location designated by the	122525
consumer of tangible personal property or a service, including	122526
transportation, shipping, postage, handling, crating, and packing.	122527

(v) Installation charges;

122528

(vi) Credit for any trade-in.

122529

(b) "Price" includes consideration received by the vendor	122530
from a third party, if the vendor actually receives the	122531
consideration from a party other than the consumer, and the	122532
consideration is directly related to a price reduction or discount	122533
on the sale; the vendor has an obligation to pass the price	122534
reduction or discount through to the consumer; the amount of the	122535
consideration attributable to the sale is fixed and determinable	122536
by the vendor at the time of the sale of the item to the consumer;	122537
and one of the following criteria is met:	122538

(i) The consumer presents a coupon, certificate, or other	122539
document to the vendor to claim a price reduction or discount	122540
where the coupon, certificate, or document is authorized,	122541
distributed, or granted by a third party with the understanding	122542
that the third party will reimburse any vendor to whom the coupon,	122543
certificate, or document is presented;	122544

(ii) The consumer identifies the consumer's self to the	122545
seller as a member of a group or organization entitled to a price	122546
reduction or discount. A preferred customer card that is available	122547
to any patron does not constitute membership in such a group or	122548
organization.	122549

(iii) The price reduction or discount is identified as a	122550
third party price reduction or discount on the invoice received by	122551
the consumer, or on a coupon, certificate, or other document	122552
presented by the consumer.	122553

122554

(i) Discounts, including cash, term, or coupons that are not	122555
reimbursed by a third party that are allowed by a vendor and taken	122556
by a consumer on a sale;	122557

(ii) Interest, financing, and carrying charges from credit	122558
extended on the sale of tangible personal property or services, if	122559
the amount is separately stated on the invoice, bill of sale, or	122560
similar document given to the purchaser;	122561

(iii) Any taxes legally imposed directly on the consumer that	122562
are separately stated on the invoice, bill of sale, or similar	122563
document given to the consumer. For the purpose of this division,	122564
the tax imposed under Chapter 5751. of the Revised Code is not a	122565
tax directly on the consumer, even if the tax or a portion thereof	122566
is separately stated.	122567

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	122568
section, any discount allowed by an automobile manufacturer to its	122569
employee, or to the employee of a supplier, on the purchase of a	122570
new motor vehicle from a new motor vehicle dealer in this state.	122571

(2) In the case of a sale of any new motor vehicle by a new	122572
motor vehicle dealer, as defined in section 4517.01 of the Revised	122573
Code, in which another motor vehicle is accepted by the dealer as	122574
part of the consideration received, "price" has the same meaning	122575
as in division (H)(1) of this section, reduced by the credit	122576
afforded the consumer by the dealer for the motor vehicle received	122577
in trade.	122578

(3) In the case of a sale of any watercraft or outboard motor	122579
by a watercraft dealer licensed in accordance with section	122580
1547.543 of the Revised Code, in which another watercraft,	122581
watercraft and trailer, or outboard motor is accepted by the	122582
dealer as part of the consideration received, "price" has the same	122583
meaning as in division (H)(1) of this section, reduced by the	122584
credit afforded the consumer by the dealer for the watercraft,	122585
watercraft and trailer, or outboard motor received in trade. As	122586
used in this division, "watercraft" includes an outdrive unit	122587
attached to the watercraft.	122588

(4) In the case of transactions for health care services	122589
under division (B)(11) of this section, "price" means the amount	122590
of managed care premiums received each month by a medicaid health	122591
insuring corporation.	122592

(I) "Receipts" means the total amount of the prices of the	122593
sales of vendors, provided that cash discounts allowed and taken	122594
on sales at the time they are consummated are not included, minus	122595
any amount deducted as a bad debt pursuant to section 5739.121 of	122596
the Revised Code. "Receipts" does not include the sale price of	122597
property returned or services rejected by consumers when the full	122598
sale price and tax are refunded either in cash or by credit.	122599

(J) "Place of business" means any location at which a person	122600
engages in business.	122601

(K) "Premises" includes any real property or portion thereof	122602
upon which any person engages in selling tangible personal	122603
property at retail or making retail sales and also includes any	122604
real property or portion thereof designated for, or devoted to,	122605
use in conjunction with the business engaged in by such person.	122606

(L) "Casual sale" means a sale of an item of tangible	122607
personal property that was obtained by the person making the sale,	122608
through purchase or otherwise, for the person's own use and was	122609
previously subject to any state's taxing jurisdiction on its sale	122610
or use, and includes such items acquired for the seller's use that	122611
are sold by an auctioneer employed directly by the person for such	122612
purpose, provided the location of such sales is not the	122613
auctioneer's permanent place of business. As used in this	122614
division, "permanent place of business" includes any location	122615
where such auctioneer has conducted more than two auctions during	122616
the year.	122617

(M) "Hotel" means every establishment kept, used, maintained,	122618
advertised, or held out to the public to be a place where sleeping	122619
accommodations are offered to guests, in which five or more rooms	122620
are used for the accommodation of such guests, whether the rooms	122621
are in one or several structures, except as otherwise provided in	122622
division (G) of section 5739.09 of the Revised Code.	122623

(N) "Transient guests" means persons occupying a room or	122624
rooms for sleeping accommodations for less than thirty consecutive	122625
days.	122626

(O) "Making retail sales" means the effecting of transactions	122627
wherein one party is obligated to pay the price and the other	122628
party is obligated to provide a service or to transfer title to or	122629
possession of the item sold. "Making retail sales" does not	122630
include the preliminary acts of promoting or soliciting the retail	122631
sales, other than the distribution of printed matter which	122632
displays or describes and prices the item offered for sale, nor	122633
does it include delivery of a predetermined quantity of tangible	122634
personal property or transportation of property or personnel to or	122635
from a place where a service is performed, regardless of whether	122636
the vendor is a delivery vendor.	122637

(P) "Used directly in the rendition of a public utility	122638
service" means that property that is to be incorporated into and	122639
will become a part of the consumer's production, transmission,	122640
transportation, or distribution system and that retains its	122641
classification as tangible personal property after such	122642
incorporation; fuel or power used in the production, transmission,	122643
transportation, or distribution system; and tangible personal	122644
property used in the repair and maintenance of the production,	122645
transmission, transportation, or distribution system, including	122646
only such motor vehicles as are specially designed and equipped	122647
for such use. Tangible personal property and services used	122648
primarily in providing highway transportation for hire are not	122649
used directly in the rendition of a public utility service. In	122650
this definition, "public utility" includes a citizen of the United	122651
States holding, and required to hold, a certificate of public	122652
convenience and necessity issued under 49 U.S.C. 41102.	122653

(Q) "Refining" means removing or separating a desirable	122654
product from raw or contaminated materials by distillation or	122655
physical, mechanical, or chemical processes.	122656

(R) "Assembly" and "assembling" mean attaching or fitting	122657
together parts to form a product, but do not include packaging a	122658
product.	122659

(S) "Manufacturing operation" means a process in which	122660
materials are changed, converted, or transformed into a different	122661
state or form from which they previously existed and includes	122662
refining materials, assembling parts, and preparing raw materials	122663
and parts by mixing, measuring, blending, or otherwise committing	122664
such materials or parts to the manufacturing process.	122665
"Manufacturing operation" does not include packaging.	122666

(T) "Fiscal officer" means, with respect to a regional	122667
transit authority, the secretary-treasurer thereof, and with	122668
respect to a county that is a transit authority, the fiscal	122669
officer of the county transit board if one is appointed pursuant	122670
to section 306.03 of the Revised Code or the county auditor if the	122671
board of county commissioners operates the county transit system.	122672

(U) "Transit authority" means a regional transit authority	122673
created pursuant to section 306.31 of the Revised Code or a county	122674
in which a county transit system is created pursuant to section	122675
306.01 of the Revised Code. For the purposes of this chapter, a	122676
transit authority must extend to at least the entire area of a	122677
single county. A transit authority that includes territory in more	122678
than one county must include all the area of the most populous	122679
county that is a part of such transit authority. County population	122680
shall be measured by the most recent census taken by the United	122681
States census bureau.	122682

(V) "Legislative authority" means, with respect to a regional	122683
transit authority, the board of trustees thereof, and with respect	122684
to a county that is a transit authority, the board of county	122685
commissioners.	122686

(W) "Territory of the transit authority" means all of the	122687
area included within the territorial boundaries of a transit	122688
authority as they from time to time exist. Such territorial	122689
boundaries must at all times include all the area of a single	122690
county or all the area of the most populous county that is a part	122691
of such transit authority. County population shall be measured by	122692
the most recent census taken by the United States census bureau.	122693

(X) "Providing a service" means providing or furnishing	122694
anything described in division (B)(3) of this section for	122695
consideration.	122696

(Y)(1)(a) "Automatic data processing" means processing of	122697
others' data, including keypunching or similar data entry services	122698
together with verification thereof, or providing access to	122699
computer equipment for the purpose of processing data.	122700

(b) "Computer services" means providing services consisting	122701
of specifying computer hardware configurations and evaluating	122702
technical processing characteristics, computer programming, and	122703
training of computer programmers and operators, provided in	122704
conjunction with and to support the sale, lease, or operation of	122705
taxable computer equipment or systems.	122706

(c) "Electronic information services" means providing access	122707
to computer equipment by means of telecommunications equipment for	122708
the purpose of either of the following:	122709

(i) Examining or acquiring data stored in or accessible to	122710
the computer equipment;	122711

(ii) Placing data into the computer equipment to be retrieved	122712
by designated recipients with access to the computer equipment.	122713

For transactions occurring on or after the effective date of	122714
the amendment of this section by H.B. 157 of the 127th general	122715
assembly, December 21, 2007, "electronic information services"	122716
does not include electronic publishing as defined in division	122717
(LLL) of this section.	122718

(d) "Automatic data processing, computer services, or	122719
electronic information services" shall not include personal or	122720
professional services.	122721

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	122722
section, "personal and professional services" means all services	122723
other than automatic data processing, computer services, or	122724
electronic information services, including but not limited to:	122725

(a) Accounting and legal services such as advice on tax	122726
matters, asset management, budgetary matters, quality control,	122727
information security, and auditing and any other situation where	122728
the service provider receives data or information and studies,	122729
alters, analyzes, interprets, or adjusts such material;	122730

(b) Analyzing business policies and procedures;

122731

122732

(d) Feasibility studies, including economic and technical	122733
analysis of existing or potential computer hardware or software	122734
needs and alternatives;	122735

(e) Designing policies, procedures, and custom software for	122736
collecting business information, and determining how data should	122737
be summarized, sequenced, formatted, processed, controlled, and	122738
reported so that it will be meaningful to management;	122739

(f) Developing policies and procedures that document how	122740
business events and transactions are to be authorized, executed,	122741
and controlled;	122742

(g) Testing of business procedures;

122743

(h) Training personnel in business procedure applications;

122744

(i) Providing credit information to users of such information	122745
by a consumer reporting agency, as defined in the "Fair Credit	122746
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	122747
as hereafter amended, including but not limited to gathering,	122748
organizing, analyzing, recording, and furnishing such information	122749
by any oral, written, graphic, or electronic medium;	122750

(j) Providing debt collection services by any oral, written,	122751
graphic, or electronic means.	122752

The services listed in divisions (Y)(2)(a) to (j) of this	122753
section are not automatic data processing or computer services.	122754

(Z) "Highway transportation for hire" means the	122755
transportation of personal property belonging to others for	122756
consideration by any of the following:	122757

(1) The holder of a permit or certificate issued by this	122758
state or the United States authorizing the holder to engage in	122759
transportation of personal property belonging to others for	122760
consideration over or on highways, roadways, streets, or any	122761
similar public thoroughfare;	122762

(2) A person who engages in the transportation of personal	122763
property belonging to others for consideration over or on	122764
highways, roadways, streets, or any similar public thoroughfare	122765
but who could not have engaged in such transportation on December	122766
11, 1985, unless the person was the holder of a permit or	122767
certificate of the types described in division (Z)(1) of this	122768
section;	122769

(3) A person who leases a motor vehicle to and operates it	122770
for a person described by division (Z)(1) or (2) of this section.	122771

(AA)(1) "Telecommunications service" means the electronic	122772
transmission, conveyance, or routing of voice, data, audio, video,	122773
or any other information or signals to a point, or between or	122774
among points. "Telecommunications service" includes such	122775
transmission, conveyance, or routing in which computer processing	122776
applications are used to act on the form, code, or protocol of the	122777
content for purposes of transmission, conveyance, or routing	122778
without regard to whether the service is referred to as voice-over	122779
internet protocol service or is classified by the federal	122780
communications commission as enhanced or value-added.	122781
"Telecommunications service" does not include any of the	122782
following:	122783

(a) Data processing and information services that allow data	122784
to be generated, acquired, stored, processed, or retrieved and	122785
delivered by an electronic transmission to a consumer where the	122786
consumer's primary purpose for the underlying transaction is the	122787
processed data or information;	122788

(b) Installation or maintenance of wiring or equipment on a	122789
customer's premises;	122790

122791

(d) Advertising, including directory advertising;

122792

(e) Billing and collection services provided to third	122793
parties;	122794

(f) Internet access service;

122795

(g) Radio and television audio and video programming	122796
services, regardless of the medium, including the furnishing of	122797
transmission, conveyance, and routing of such services by the	122798
programming service provider. Radio and television audio and video	122799
programming services include, but are not limited to, cable	122800
service, as defined in 47 U.S.C. 522(6), and audio and video	122801
programming services delivered by commercial mobile radio service	122802
providers, as defined in 47 C.F.R. 20.3;	122803

(h) Ancillary service;

122804

(i) Digital products delivered electronically, including	122805
software, music, video, reading materials, or ring tones.	122806

(2) "Ancillary service" means a service that is associated	122807
with or incidental to the provision of telecommunications service,	122808
including conference bridging service, detailed telecommunications	122809
billing service, directory assistance, vertical service, and voice	122810
mail service. As used in this division:	122811

(a) "Conference bridging service" means an ancillary service	122812
that links two or more participants of an audio or video	122813
conference call, including providing a telephone number.	122814
"Conference bridging service" does not include telecommunications	122815
services used to reach the conference bridge.	122816

(b) "Detailed telecommunications billing service" means an	122817
ancillary service of separately stating information pertaining to	122818
individual calls on a customer's billing statement.	122819

(c) "Directory assistance" means an ancillary service of	122820
providing telephone number or address information.	122821

(d) "Vertical service" means an ancillary service that is	122822
offered in connection with one or more telecommunications	122823
services, which offers advanced calling features that allow	122824
customers to identify callers and manage multiple calls and call	122825
connections, including conference bridging service.	122826

(e) "Voice mail service" means an ancillary service that	122827
enables the customer to store, send, or receive recorded messages.	122828
"Voice mail service" does not include any vertical services that	122829
the customer may be required to have in order to utilize the voice	122830
mail service.	122831

(3) "900 service" means an inbound toll telecommunications	122832
service purchased by a subscriber that allows the subscriber's	122833
customers to call in to the subscriber's prerecorded announcement	122834
or live service, and which is typically marketed under the name	122835
"900" service and any subsequent numbers designated by the federal	122836
communications commission. "900 service" does not include the	122837
charge for collection services provided by the seller of the	122838
telecommunications service to the subscriber, or services or	122839
products sold by the subscriber to the subscriber's customer.	122840

(4) "Prepaid calling service" means the right to access	122841
exclusively telecommunications services, which must be paid for in	122842
advance and which enables the origination of calls using an access	122843
number or authorization code, whether manually or electronically	122844
dialed, and that is sold in predetermined units of dollars of	122845
which the number declines with use in a known amount.	122846

(5) "Prepaid wireless calling service" means a	122847
telecommunications service that provides the right to utilize	122848
mobile telecommunications service as well as other	122849
non-telecommunications services, including the download of digital	122850
products delivered electronically, and content and ancillary	122851
services, that must be paid for in advance and that is sold in	122852
predetermined units of dollars of which the number declines with	122853
use in a known amount.	122854

(6) "Value-added non-voice data service" means a	122855
telecommunications service in which computer processing	122856
applications are used to act on the form, content, code, or	122857
protocol of the information or data primarily for a purpose other	122858
than transmission, conveyance, or routing.	122859

(7) "Coin-operated telephone service" means a	122860
telecommunications service paid for by inserting money into a	122861
telephone accepting direct deposits of money to operate.	122862

(8) "Customer" has the same meaning as in section 5739.034 of	122863
the Revised Code.	122864

(BB) "Laundry and dry cleaning services" means removing soil	122865
or dirt from towels, linens, articles of clothing, or other fabric	122866
items that belong to others and supplying towels, linens, articles	122867
of clothing, or other fabric items. "Laundry and dry cleaning	122868
services" does not include the provision of self-service	122869
facilities for use by consumers to remove soil or dirt from	122870
towels, linens, articles of clothing, or other fabric items.	122871

(CC) "Magazines distributed as controlled circulation	122872
publications" means magazines containing at least twenty-four	122873
pages, at least twenty-five per cent editorial content, issued at	122874
regular intervals four or more times a year, and circulated	122875
without charge to the recipient, provided that such magazines are	122876
not owned or controlled by individuals or business concerns which	122877
conduct such publications as an auxiliary to, and essentially for	122878
the advancement of the main business or calling of, those who own	122879
or control them.	122880

(DD) "Landscaping and lawn care service" means the services	122881
of planting, seeding, sodding, removing, cutting, trimming,	122882
pruning, mulching, aerating, applying chemicals, watering,	122883
fertilizing, and providing similar services to establish, promote,	122884
or control the growth of trees, shrubs, flowers, grass, ground	122885
cover, and other flora, or otherwise maintaining a lawn or	122886
landscape grown or maintained by the owner for ornamentation or	122887
other nonagricultural purpose. However, "landscaping and lawn care	122888
service" does not include the providing of such services by a	122889
person who has less than five thousand dollars in sales of such	122890
services during the calendar year.	122891

(EE) "Private investigation and security service" means the	122892
performance of any activity for which the provider of such service	122893
is required to be licensed pursuant to Chapter 4749. of the	122894
Revised Code, or would be required to be so licensed in performing	122895
such services in this state, and also includes the services of	122896
conducting polygraph examinations and of monitoring or overseeing	122897
the activities on or in, or the condition of, the consumer's home,	122898
business, or other facility by means of electronic or similar	122899
monitoring devices. "Private investigation and security service"	122900
does not include special duty services provided by off-duty police	122901
officers, deputy sheriffs, and other peace officers regularly	122902
employed by the state or a political subdivision.	122903

(FF) "Information services" means providing conversation,	122904
giving consultation or advice, playing or making a voice or other	122905
recording, making or keeping a record of the number of callers,	122906
and any other service provided to a consumer by means of a nine	122907
hundred telephone call, except when the nine hundred telephone	122908
call is the means by which the consumer makes a contribution to a	122909
recognized charity.	122910

(GG) "Research and development" means designing, creating, or	122911
formulating new or enhanced products, equipment, or manufacturing	122912
processes, and also means conducting scientific or technological	122913
inquiry and experimentation in the physical sciences with the goal	122914
of increasing scientific knowledge which may reveal the bases for	122915
new or enhanced products, equipment, or manufacturing processes.	122916

(HH) "Qualified research and development equipment" means	122917
capitalized tangible personal property, and leased personal	122918
property that would be capitalized if purchased, used by a person	122919
primarily to perform research and development. Tangible personal	122920
property primarily used in testing, as defined in division (A)(4)	122921
of section 5739.011 of the Revised Code, or used for recording or	122922
storing test results, is not qualified research and development	122923
equipment unless such property is primarily used by the consumer	122924
in testing the product, equipment, or manufacturing process being	122925
created, designed, or formulated by the consumer in the research	122926
and development activity or in recording or storing such test	122927
results.	122928

(II) "Building maintenance and janitorial service" means	122929
cleaning the interior or exterior of a building and any tangible	122930
personal property located therein or thereon, including any	122931
services incidental to such cleaning for which no separate charge	122932
is made. However, "building maintenance and janitorial service"	122933
does not include the providing of such service by a person who has	122934
less than five thousand dollars in sales of such service during	122935
the calendar year.	122936

(JJ) "Employment service" means providing or supplying	122937
personnel, on a temporary or long-term basis, to perform work or	122938
labor under the supervision or control of another, when the	122939
personnel so provided or supplied receive their wages, salary, or	122940
other compensation from the provider or supplier of the employment	122941
service or from a third party that provided or supplied the	122942
personnel to the provider or supplier. "Employment service" does	122943
not include:	122944

(1) Acting as a contractor or subcontractor, where the	122945
personnel performing the work are not under the direct control of	122946
the purchaser.	122947

(2) Medical and health care services.

122948

(3) Supplying personnel to a purchaser pursuant to a contract	122949
of at least one year between the service provider and the	122950
purchaser that specifies that each employee covered under the	122951
contract is assigned to the purchaser on a permanent basis.	122952

(4) Transactions between members of an affiliated group, as	122953
defined in division (B)(3)(e) of this section.	122954

(5) Transactions where the personnel so provided or supplied	122955
by a provider or supplier to a purchaser of an employment service	122956
are then provided or supplied by that purchaser to a third party	122957
as an employment service, except "employment service" does include	122958
the transaction between that purchaser and the third party.	122959

(KK) "Employment placement service" means locating or finding	122960
employment for a person or finding or locating an employee to fill	122961
an available position.	122962

(LL) "Exterminating service" means eradicating or attempting	122963
to eradicate vermin infestations from a building or structure, or	122964
the area surrounding a building or structure, and includes	122965
activities to inspect, detect, or prevent vermin infestation of a	122966
building or structure.	122967

(MM) "Physical fitness facility service" means all	122968
transactions by which a membership is granted, maintained, or	122969
renewed, including initiation fees, membership dues, renewal fees,	122970
monthly minimum fees, and other similar fees and dues, by a	122971
physical fitness facility such as an athletic club, health spa, or	122972
gymnasium, which entitles the member to use the facility for	122973
physical exercise.	122974

(NN) "Recreation and sports club service" means all	122975
transactions by which a membership is granted, maintained, or	122976
renewed, including initiation fees, membership dues, renewal fees,	122977
monthly minimum fees, and other similar fees and dues, by a	122978
recreation and sports club, which entitles the member to use the	122979
facilities of the organization. "Recreation and sports club" means	122980
an organization that has ownership of, or controls or leases on a	122981
continuing, long-term basis, the facilities used by its members	122982
and includes an aviation club, gun or shooting club, yacht club,	122983
card club, swimming club, tennis club, golf club, country club,	122984
riding club, amateur sports club, or similar organization.	122985

(OO) "Livestock" means farm animals commonly raised for food	122986
or, food production, and ~~includes~~, in the case of captive deer,	122987
for private hunting, including, but is not limited to, cattle,	122988
sheep, goats, swine, ~~and~~ poultry, and captive deer. "Livestock"	122989
does not include invertebrates, fish, amphibians, reptiles,	122990
horses, domestic pets, animals for use in laboratories or for	122991
exhibition, or other animals not commonly raised for food or food	122992
production.	122993

(PP) "Livestock structure" means a building or structure used	122994
exclusively for the housing, raising, feeding, or sheltering of	122995
livestock, and includes feed storage or handling structures and	122996
structures for livestock waste handling.	122997

(QQ) "Horticulture" means the growing, cultivation, and	122998
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	122999
and nursery stock. As used in this division, "nursery stock" has	123000
the same meaning as in section 927.51 of the Revised Code.	123001

(RR) "Horticulture structure" means a building or structure	123002
used exclusively for the commercial growing, raising, or	123003
overwintering of horticultural products, and includes the area	123004
used for stocking, storing, and packing horticultural products	123005
when done in conjunction with the production of those products.	123006

(SS) "Newspaper" means an unbound publication bearing a title	123007
or name that is regularly published, at least as frequently as	123008
biweekly, and distributed from a fixed place of business to the	123009
public in a specific geographic area, and that contains a	123010
substantial amount of news matter of international, national, or	123011
local events of interest to the general public.	123012

(TT) "Professional racing team" means a person that employs	123013
at least twenty full-time employees for the purpose of conducting	123014
a motor vehicle racing business for profit. The person must	123015
conduct the business with the purpose of racing one or more motor	123016
racing vehicles in at least ten competitive professional racing	123017
events each year that comprise all or part of a motor racing	123018
series sanctioned by one or more motor racing sanctioning	123019
organizations. A "motor racing vehicle" means a vehicle for which	123020
the chassis, engine, and parts are designed exclusively for motor	123021
racing, and does not include a stock or production model vehicle	123022
that may be modified for use in racing. For the purposes of this	123023
division:	123024

(1) A "competitive professional racing event" is a motor	123025
vehicle racing event sanctioned by one or more motor racing	123026
sanctioning organizations, at which aggregate cash prizes in	123027
excess of eight hundred thousand dollars are awarded to the	123028
competitors.	123029

(2) "Full-time employee" means an individual who is employed	123030
for consideration for thirty-five or more hours a week, or who	123031
renders any other standard of service generally accepted by custom	123032
or specified by contract as full-time employment.	123033

(UU)(1) "Lease" or "rental" means any transfer of the	123034
possession or control of tangible personal property for a fixed or	123035
indefinite term, for consideration. "Lease" or "rental" includes	123036
future options to purchase or extend, and agreements described in	123037
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	123038
the amount of consideration may be increased or decreased by	123039
reference to the amount realized upon the sale or disposition of	123040
the property. "Lease" or "rental" does not include:	123041

(a) A transfer of possession or control of tangible personal	123042
property under a security agreement or a deferred payment plan	123043
that requires the transfer of title upon completion of the	123044
required payments;	123045

(b) A transfer of possession or control of tangible personal	123046
property under an agreement that requires the transfer of title	123047
upon completion of required payments and payment of an option	123048
price that does not exceed the greater of one hundred dollars or	123049
one per cent of the total required payments;	123050

(c) Providing tangible personal property along with an	123051
operator for a fixed or indefinite period of time, if the operator	123052
is necessary for the property to perform as designed. For purposes	123053
of this division, the operator must do more than maintain,	123054
inspect, or set-up the tangible personal property.	123055

(2) "Lease" and "rental," as defined in division (UU) of this	123056
section, shall not apply to leases or rentals that exist before	123057
June 26, 2003.	123058

(3) "Lease" and "rental" have the same meaning as in division	123059
(UU)(1) of this section regardless of whether a transaction is	123060
characterized as a lease or rental under generally accepted	123061
accounting principles, the Internal Revenue Code, Title XIII of	123062
the Revised Code, or other federal, state, or local laws.	123063

(VV) "Mobile telecommunications service" has the same meaning	123064
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	123065
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	123066
on and after August 1, 2003, includes related fees and ancillary	123067
services, including universal service fees, detailed billing	123068
service, directory assistance, service initiation, voice mail	123069
service, and vertical services, such as caller ID and three-way	123070
calling.	123071

(WW) "Certified service provider" has the same meaning as in	123072
section 5740.01 of the Revised Code.	123073

(XX) "Satellite broadcasting service" means the distribution	123074
or broadcasting of programming or services by satellite directly	123075
to the subscriber's receiving equipment without the use of ground	123076
receiving or distribution equipment, except the subscriber's	123077
receiving equipment or equipment used in the uplink process to the	123078
satellite, and includes all service and rental charges, premium	123079
channels or other special services, installation and repair	123080
service charges, and any other charges having any connection with	123081
the provision of the satellite broadcasting service.	123082

(YY) "Tangible personal property" means personal property	123083
that can be seen, weighed, measured, felt, or touched, or that is	123084
in any other manner perceptible to the senses. For purposes of	123085
this chapter and Chapter 5741. of the Revised Code, "tangible	123086
personal property" includes motor vehicles, electricity, water,	123087
gas, steam, and prewritten computer software.	123088

(ZZ) "Direct mail" means printed material delivered or	123089
distributed by United States mail or other delivery service to a	123090
mass audience or to addressees on a mailing list provided by the	123091
consumer or at the direction of the consumer when the cost of the	123092
items are not billed directly to the recipients. "Direct mail"	123093
includes tangible personal property supplied directly or	123094
indirectly by the consumer to the direct mail vendor for inclusion	123095
in the package containing the printed material. "Direct mail" does	123096
not include multiple items of printed material delivered to a	123097
single address.	123098

(AAA) "Computer" means an electronic device that accepts	123099
information in digital or similar form and manipulates it for a	123100
result based on a sequence of instructions.	123101

(BBB) "Computer software" means a set of coded instructions	123102
designed to cause a computer or automatic data processing	123103
equipment to perform a task.	123104

(CCC) "Delivered electronically" means delivery of computer	123105
software from the seller to the purchaser by means other than	123106
tangible storage media.	123107

(DDD) "Prewritten computer software" means computer software,	123108
including prewritten upgrades, that is not designed and developed	123109
by the author or other creator to the specifications of a specific	123110
purchaser. The combining of two or more prewritten computer	123111
software programs or prewritten portions thereof does not cause	123112
the combination to be other than prewritten computer software.	123113
"Prewritten computer software" includes software designed and	123114
developed by the author or other creator to the specifications of	123115
a specific purchaser when it is sold to a person other than the	123116
purchaser. If a person modifies or enhances computer software of	123117
which the person is not the author or creator, the person shall be	123118
deemed to be the author or creator only of such person's	123119
modifications or enhancements. Prewritten computer software or a	123120
prewritten portion thereof that is modified or enhanced to any	123121
degree, where such modification or enhancement is designed and	123122
developed to the specifications of a specific purchaser, remains	123123
prewritten computer software; provided, however, that where there	123124
is a reasonable, separately stated charge or an invoice or other	123125
statement of the price given to the purchaser for the modification	123126
or enhancement, the modification or enhancement shall not	123127
constitute prewritten computer software.	123128

(EEE)(1) "Food" means substances, whether in liquid,	123129
concentrated, solid, frozen, dried, or dehydrated form, that are	123130
sold for ingestion or chewing by humans and are consumed for their	123131
taste or nutritional value. "Food" does not include alcoholic	123132
beverages, dietary supplements, soft drinks, or tobacco.	123133

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

123134

(a) "Alcoholic beverages" means beverages that are suitable	123135
for human consumption and contain one-half of one per cent or more	123136
of alcohol by volume.	123137

(b) "Dietary supplements" means any product, other than	123138
tobacco, that is intended to supplement the diet and that is	123139
intended for ingestion in tablet, capsule, powder, softgel,	123140
gelcap, or liquid form, or, if not intended for ingestion in such	123141
a form, is not represented as conventional food for use as a sole	123142
item of a meal or of the diet; that is required to be labeled as a	123143
dietary supplement, identifiable by the "supplement facts" box	123144
found on the label, as required by 21 C.F.R. 101.36; and that	123145
contains one or more of the following dietary ingredients:	123146

(i) A vitamin;

123147

(ii) A mineral;

123148

(iii) An herb or other botanical;

123149

(iv) An amino acid;

123150

(v) A dietary substance for use by humans to supplement the	123151
diet by increasing the total dietary intake;	123152

(vi) A concentrate, metabolite, constituent, extract, or	123153
combination of any ingredient described in divisions	123154
(EEE)(2)(b)(i) to (v) of this section.	123155

(c) "Soft drinks" means nonalcoholic beverages that contain	123156
natural or artificial sweeteners. "Soft drinks" does not include	123157
beverages that contain milk or milk products, soy, rice, or	123158
similar milk substitutes, or that contains greater than fifty per	123159
cent vegetable or fruit juice by volume.	123160

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	123161
tobacco, or any other item that contains tobacco.	123162

(FFF) "Drug" means a compound, substance, or preparation, and	123163
any component of a compound, substance, or preparation, other than	123164
food, dietary supplements, or alcoholic beverages that is	123165
recognized in the official United States pharmacopoeia, official	123166
homeopathic pharmacopoeia of the United States, or official	123167
national formulary, and supplements to them; is intended for use	123168
in the diagnosis, cure, mitigation, treatment, or prevention of	123169
disease; or is intended to affect the structure or any function of	123170
the body.	123171

(GGG) "Prescription" means an order, formula, or recipe	123172
issued in any form of oral, written, electronic, or other means of	123173
transmission by a duly licensed practitioner authorized by the	123174
laws of this state to issue a prescription.	123175

(HHH) "Durable medical equipment" means equipment, including	123176
repair and replacement parts for such equipment, that can	123177
withstand repeated use, is primarily and customarily used to serve	123178
a medical purpose, generally is not useful to a person in the	123179
absence of illness or injury, and is not worn in or on the body.	123180
"Durable medical equipment" does not include mobility enhancing	123181
equipment.	123182

(III) "Mobility enhancing equipment" means equipment,	123183
including repair and replacement parts for such equipment, that is	123184
primarily and customarily used to provide or increase the ability	123185
to move from one place to another and is appropriate for use	123186
either in a home or a motor vehicle, that is not generally used by	123187
persons with normal mobility, and that does not include any motor	123188
vehicle or equipment on a motor vehicle normally provided by a	123189
motor vehicle manufacturer. "Mobility enhancing equipment" does	123190
not include durable medical equipment.	123191

(JJJ) "Prosthetic device" means a replacement, corrective, or	123192
supportive device, including repair and replacement parts for the	123193
device, worn on or in the human body to artificially replace a	123194
missing portion of the body, prevent or correct physical deformity	123195
or malfunction, or support a weak or deformed portion of the body.	123196
As used in this division, "prosthetic device" does not include	123197
corrective eyeglasses, contact lenses, or dental prosthesis.	123198

(KKK)(1) "Fractional aircraft ownership program" means a	123199
program in which persons within an affiliated group sell and	123200
manage fractional ownership program aircraft, provided that at	123201
least one hundred airworthy aircraft are operated in the program	123202
and the program meets all of the following criteria:	123203

(a) Management services are provided by at least one program	123204
manager within an affiliated group on behalf of the fractional	123205
owners.	123206

(b) Each program aircraft is owned or possessed by at least	123207
one fractional owner.	123208

(c) Each fractional owner owns or possesses at least a	123209
one-sixteenth interest in at least one fixed-wing program	123210
aircraft.	123211

(d) A dry-lease aircraft interchange arrangement is in effect	123212
among all of the fractional owners.	123213

(e) Multi-year program agreements are in effect regarding the	123214
fractional ownership, management services, and dry-lease aircraft	123215
interchange arrangement aspects of the program.	123216

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

123217

(a) "Affiliated group" has the same meaning as in division	123218
(B)(3)(e) of this section.	123219

(b) "Fractional owner" means a person that owns or possesses	123220
at least a one-sixteenth interest in a program aircraft and has	123221
entered into the agreements described in division (KKK)(1)(e) of	123222
this section.	123223

(c) "Fractional ownership program aircraft" or "program	123224
aircraft" means a turbojet aircraft that is owned or possessed by	123225
a fractional owner and that has been included in a dry-lease	123226
aircraft interchange arrangement and agreement under divisions	123227
(KKK)(1)(d) and (e) of this section, or an aircraft a program	123228
manager owns or possesses primarily for use in a fractional	123229
aircraft ownership program.	123230

(d) "Management services" means administrative and aviation	123231
support services furnished under a fractional aircraft ownership	123232
program in accordance with a management services agreement under	123233
division (KKK)(1)(e) of this section, and offered by the program	123234
manager to the fractional owners, including, at a minimum, the	123235
establishment and implementation of safety guidelines; the	123236
coordination of the scheduling of the program aircraft and crews;	123237
program aircraft maintenance; program aircraft insurance; crew	123238
training for crews employed, furnished, or contracted by the	123239
program manager or the fractional owner; the satisfaction of	123240
record-keeping requirements; and the development and use of an	123241
operations manual and a maintenance manual for the fractional	123242
aircraft ownership program.	123243

(e) "Program manager" means the person that offers management	123244
services to fractional owners pursuant to a management services	123245
agreement under division (KKK)(1)(e) of this section.	123246

(LLL) "Electronic publishing" means providing access to one	123247
or more of the following primarily for business customers,	123248
including the federal government or a state government or a	123249
political subdivision thereof, to conduct research: news;	123250
business, financial, legal, consumer, or credit materials;	123251
editorials, columns, reader commentary, or features; photos or	123252
images; archival or research material; legal notices, identity	123253
verification, or public records; scientific, educational,	123254
instructional, technical, professional, trade, or other literary	123255
materials; or other similar information which has been gathered	123256
and made available by the provider to the consumer in an	123257
electronic format. Providing electronic publishing includes the	123258
functions necessary for the acquisition, formatting, editing,	123259
storage, and dissemination of data or information that is the	123260
subject of a sale.	123261

(MMM) "Medicaid health insuring corporation" means a health	123262
insuring corporation that holds a certificate of authority under	123263
Chapter 1751. of the Revised Code and is under contract with the	123264
department of job and family services pursuant to section 5111.17	123265
of the Revised Code.	123266

(NNN) "Managed care premium" means any premium, capitation,	123267
or other payment a medicaid health insuring corporation receives	123268
for providing or arranging for the provision of health care	123269
services to its members or enrollees residing in this state.	123270

(OOO) "Captive deer" means deer and other cervidae that have	123271
been legally acquired, or their offspring, that are privately	123272
owned for agricultural, farming, or private hunting purposes.	123273

Sec. 5739.02. For the purpose of providing revenue with	123274
which to meet the needs of the state, for the use of the general	123275
revenue fund of the state, for the purpose of securing a thorough	123276
and efficient system of common schools throughout the state, for	123277
the purpose of affording revenues, in addition to those from	123278
general property taxes, permitted under constitutional	123279
limitations, and from other sources, for the support of local	123280
governmental functions, and for the purpose of reimbursing the	123281
state for the expense of administering this chapter, an excise tax	123282
is hereby levied on each retail sale made in this state.	123283

(A)(1) The tax shall be collected as provided in section	123284
5739.025 of the Revised Code. The rate of the tax shall be five	123285
and one-half per cent. The tax applies and is collectible when the	123286
sale is made, regardless of the time when the price is paid or	123287
delivered.	123288

(2) In the case of the lease or rental, with a fixed term of	123289
more than thirty days or an indefinite term with a minimum period	123290
of more than thirty days, of any motor vehicles designed by the	123291
manufacturer to carry a load of not more than one ton, watercraft,	123292
outboard motor, or aircraft, or of any tangible personal property,	123293
other than motor vehicles designed by the manufacturer to carry a	123294
load of more than one ton, to be used by the lessee or renter	123295
primarily for business purposes, the tax shall be collected by the	123296
vendor at the time the lease or rental is consummated and shall be	123297
calculated by the vendor on the basis of the total amount to be	123298
paid by the lessee or renter under the lease agreement. If the	123299
total amount of the consideration for the lease or rental includes	123300
amounts that are not calculated at the time the lease or rental is	123301
executed, the tax shall be calculated and collected by the vendor	123302
at the time such amounts are billed to the lessee or renter. In	123303
the case of an open-end lease or rental, the tax shall be	123304
calculated by the vendor on the basis of the total amount to be	123305
paid during the initial fixed term of the lease or rental, and for	123306
each subsequent renewal period as it comes due. As used in this	123307
division, "motor vehicle" has the same meaning as in section	123308
4501.01 of the Revised Code, and "watercraft" includes an outdrive	123309
unit attached to the watercraft.	123310

A lease with a renewal clause and a termination penalty or	123311
similar provision that applies if the renewal clause is not	123312
exercised is presumed to be a sham transaction. In such a case,	123313
the tax shall be calculated and paid on the basis of the entire	123314
length of the lease period, including any renewal periods, until	123315
the termination penalty or similar provision no longer applies.	123316
The taxpayer shall bear the burden, by a preponderance of the	123317
evidence, that the transaction or series of transactions is not a	123318
sham transaction.	123319

(3) Except as provided in division (A)(2) of this section, in	123320
the case of a sale, the price of which consists in whole or in	123321
part of the lease or rental of tangible personal property, the tax	123322
shall be measured by the installments of that lease or rental.	123323

(4) In the case of a sale of a physical fitness facility	123324
service or recreation and sports club service, the price of which	123325
consists in whole or in part of a membership for the receipt of	123326
the benefit of the service, the tax applicable to the sale shall	123327
be measured by the installments thereof.	123328

(B) The tax does not apply to the following:

123329

(1) Sales to the state or any of its political subdivisions,	123330
or to any other state or its political subdivisions if the laws of	123331
that state exempt from taxation sales made to this state and its	123332
political subdivisions;	123333

(2) Sales of food for human consumption off the premises	123334
where sold;	123335

(3) Sales of food sold to students only in a cafeteria,	123336
dormitory, fraternity, or sorority maintained in a private,	123337
public, or parochial school, college, or university;	123338

(4) Sales of newspapers and of magazine subscriptions and	123339
sales or transfers of magazines distributed as controlled	123340
circulation publications;	123341

(5) The furnishing, preparing, or serving of meals without	123342
charge by an employer to an employee provided the employer records	123343
the meals as part compensation for services performed or work	123344
done;	123345

(6) Sales of motor fuel upon receipt, use, distribution, or	123346
sale of which in this state a tax is imposed by the law of this	123347
state, but this exemption shall not apply to the sale of motor	123348
fuel on which a refund of the tax is allowable under division (A)	123349
of section 5735.14 of the Revised Code; and the tax commissioner	123350
may deduct the amount of tax levied by this section applicable to	123351
the price of motor fuel when granting a refund of motor fuel tax	123352
pursuant to division (A) of section 5735.14 of the Revised Code	123353
and shall cause the amount deducted to be paid into the general	123354
revenue fund of this state;	123355

(7) Sales of natural gas by a natural gas company, of water	123356
by a water-works company, or of steam by a heating company, if in	123357
each case the thing sold is delivered to consumers through pipes	123358
or conduits, and all sales of communications services by a	123359
telegraph company, all terms as defined in section 5727.01 of the	123360
Revised Code, and sales of electricity delivered through wires;	123361

(8) Casual sales by a person, or auctioneer employed directly	123362
by the person to conduct such sales, except as to such sales of	123363
motor vehicles, watercraft or outboard motors required to be	123364
titled under section 1548.06 of the Revised Code, watercraft	123365
documented with the United States coast guard, snowmobiles, and	123366
all-purpose vehicles as defined in section 4519.01 of the Revised	123367
Code;	123368

(9)(a) Sales of services or tangible personal property, other	123369
than motor vehicles, mobile homes, and manufactured homes, by	123370
churches, organizations exempt from taxation under section	123371
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	123372
organizations operated exclusively for charitable purposes as	123373
defined in division (B)(12) of this section, provided that the	123374
number of days on which such tangible personal property or	123375
services, other than items never subject to the tax, are sold does	123376
not exceed six in any calendar year, except as otherwise provided	123377
in division (B)(9)(b) of this section. If the number of days on	123378
which such sales are made exceeds six in any calendar year, the	123379
church or organization shall be considered to be engaged in	123380
business and all subsequent sales by it shall be subject to the	123381
tax. In counting the number of days, all sales by groups within a	123382
church or within an organization shall be considered to be sales	123383
of that church or organization.	123384

(b) The limitation on the number of days on which tax-exempt	123385
sales may be made by a church or organization under division	123386
(B)(9)(a) of this section does not apply to sales made by student	123387
clubs and other groups of students of a primary or secondary	123388
school, or a parent-teacher association, booster group, or similar	123389
organization that raises money to support or fund curricular or	123390
extracurricular activities of a primary or secondary school.	123391

(c) Divisions (B)(9)(a) and (b) of this section do not apply	123392
to sales by a noncommercial educational radio or television	123393
broadcasting station.	123394

(10) Sales not within the taxing power of this state under	123395
the Constitution of the United States;	123396

(11) Except for transactions that are sales under division	123397
(B)(3)(r) of section 5739.01 of the Revised Code, the	123398
transportation of persons or property, unless the transportation	123399
is by a private investigation and security service;	123400

(12) Sales of tangible personal property or services to	123401
churches, to organizations exempt from taxation under section	123402
501(c)(3) of the Internal Revenue Code of 1986, and to any other	123403
nonprofit organizations operated exclusively for charitable	123404
purposes in this state, no part of the net income of which inures	123405
to the benefit of any private shareholder or individual, and no	123406
substantial part of the activities of which consists of carrying	123407
on propaganda or otherwise attempting to influence legislation;	123408
sales to offices administering one or more homes for the aged or	123409
one or more hospital facilities exempt under section 140.08 of the	123410
Revised Code; and sales to organizations described in division (D)	123411
of section 5709.12 of the Revised Code.	123412

"Charitable purposes" means the relief of poverty; the	123413
improvement of health through the alleviation of illness, disease,	123414
or injury; the operation of an organization exclusively for the	123415
provision of professional, laundry, printing, and purchasing	123416
services to hospitals or charitable institutions; the operation of	123417
a home for the aged, as defined in section 5701.13 of the Revised	123418
Code; the operation of a radio or television broadcasting station	123419
that is licensed by the federal communications commission as a	123420
noncommercial educational radio or television station; the	123421
operation of a nonprofit animal adoption service or a county	123422
humane society; the promotion of education by an institution of	123423
learning that maintains a faculty of qualified instructors,	123424
teaches regular continuous courses of study, and confers a	123425
recognized diploma upon completion of a specific curriculum; the	123426
operation of a parent-teacher association, booster group, or	123427
similar organization primarily engaged in the promotion and	123428
support of the curricular or extracurricular activities of a	123429
primary or secondary school; the operation of a community or area	123430
center in which presentations in music, dramatics, the arts, and	123431
related fields are made in order to foster public interest and	123432
education therein; the production of performances in music,	123433
dramatics, and the arts; or the promotion of education by an	123434
organization engaged in carrying on research in, or the	123435
dissemination of, scientific and technological knowledge and	123436
information primarily for the public.	123437

Nothing in this division shall be deemed to exempt sales to	123438
any organization for use in the operation or carrying on of a	123439
trade or business, or sales to a home for the aged for use in the	123440
operation of independent living facilities as defined in division	123441
(A) of section 5709.12 of the Revised Code.	123442

(13) Building and construction materials and services sold to	123443
construction contractors for incorporation into a structure or	123444
improvement to real property under a construction contract with	123445
this state or a political subdivision of this state, or with the	123446
United States government or any of its agencies; building and	123447
construction materials and services sold to construction	123448
contractors for incorporation into a structure or improvement to	123449
real property that are accepted for ownership by this state or any	123450
of its political subdivisions, or by the United States government	123451
or any of its agencies at the time of completion of the structures	123452
or improvements; building and construction materials sold to	123453
construction contractors for incorporation into a horticulture	123454
structure or livestock structure for a person engaged in the	123455
business of horticulture or producing livestock; building	123456
materials and services sold to a construction contractor for	123457
incorporation into a house of public worship or religious	123458
education, or a building used exclusively for charitable purposes	123459
under a construction contract with an organization whose purpose	123460
is as described in division (B)(12) of this section; building	123461
materials and services sold to a construction contractor for	123462
incorporation into a building under a construction contract with	123463
an organization exempt from taxation under section 501(c)(3) of	123464
the Internal Revenue Code of 1986 when the building is to be used	123465
exclusively for the organization's exempt purposes; building and	123466
construction materials sold for incorporation into the original	123467
construction of a sports facility under section 307.696 of the	123468
Revised Code; building and construction materials and services	123469
sold to a construction contractor for incorporation into real	123470
property outside this state if such materials and services, when	123471
sold to a construction contractor in the state in which the real	123472
property is located for incorporation into real property in that	123473
state, would be exempt from a tax on sales levied by that state;	123474
and, until one calendar year after the construction of a	123475
convention center that qualifies for property tax exemption under	123476
section 5709.084 of the Revised Code is completed, building and	123477
construction materials and services sold to a construction	123478
contractor for incorporation into the real property comprising	123479
that convention center;	123480

(14) Sales of ships or vessels or rail rolling stock used or	123481
to be used principally in interstate or foreign commerce, and	123482
repairs, alterations, fuel, and lubricants for such ships or	123483
vessels or rail rolling stock;	123484

(15) Sales to persons primarily engaged in any of the	123485
activities mentioned in division (B)(42)(a) or (g) of this	123486
section, to persons engaged in making retail sales, or to persons	123487
who purchase for sale from a manufacturer tangible personal	123488
property that was produced by the manufacturer in accordance with	123489
specific designs provided by the purchaser, of packages, including	123490
material, labels, and parts for packages, and of machinery,	123491
equipment, and material for use primarily in packaging tangible	123492
personal property produced for sale, including any machinery,	123493
equipment, and supplies used to make labels or packages, to	123494
prepare packages or products for labeling, or to label packages or	123495
products, by or on the order of the person doing the packaging, or	123496
sold at retail. "Packages" includes bags, baskets, cartons,	123497
crates, boxes, cans, bottles, bindings, wrappings, and other	123498
similar devices and containers, but does not include motor	123499
vehicles or bulk tanks, trailers, or similar devices attached to	123500
motor vehicles. "Packaging" means placing in a package. Division	123501
(B)(15) of this section does not apply to persons engaged in	123502
highway transportation for hire.	123503

(16) Sales of food to persons using supplemental nutrition	123504
assistance program benefits to purchase the food. As used in this	123505
division, "food" has the same meaning as in 7 U.S.C. 2012 and	123506
federal regulations adopted pursuant to the Food and Nutrition Act	123507
of 2008.	123508

(17) Sales to persons engaged in farming, agriculture,	123509
horticulture, or floriculture, of tangible personal property for	123510
use or consumption directly in the production by farming,	123511
agriculture, horticulture, or floriculture of other tangible	123512
personal property for use or consumption directly in the	123513
production of tangible personal property for sale by farming,	123514
agriculture, horticulture, or floriculture; or material and parts	123515
for incorporation into any such tangible personal property for use	123516
or consumption in production; and of tangible personal property	123517
for such use or consumption in the conditioning or holding of	123518
products produced by and for such use, consumption, or sale by	123519
persons engaged in farming, agriculture, horticulture, or	123520
floriculture, except where such property is incorporated into real	123521
property;	123522

(18) Sales of drugs for a human being that may be dispensed	123523
only pursuant to a prescription; insulin as recognized in the	123524
official United States pharmacopoeia; urine and blood testing	123525
materials when used by diabetics or persons with hypoglycemia to	123526
test for glucose or acetone; hypodermic syringes and needles when	123527
used by diabetics for insulin injections; epoetin alfa when	123528
purchased for use in the treatment of persons with medical	123529
disease; hospital beds when purchased by hospitals, nursing homes,	123530
or other medical facilities; and medical oxygen and medical	123531
oxygen-dispensing equipment when purchased by hospitals, nursing	123532
homes, or other medical facilities;	123533

(19) Sales of prosthetic devices, durable medical equipment	123534
for home use, or mobility enhancing equipment, when made pursuant	123535
to a prescription and when such devices or equipment are for use	123536
by a human being.	123537

(20) Sales of emergency and fire protection vehicles and	123538
equipment to nonprofit organizations for use solely in providing	123539
fire protection and emergency services, including trauma care and	123540
emergency medical services, for political subdivisions of the	123541
state;	123542

(21) Sales of tangible personal property manufactured in this	123543
state, if sold by the manufacturer in this state to a retailer for	123544
use in the retail business of the retailer outside of this state	123545
and if possession is taken from the manufacturer by the purchaser	123546
within this state for the sole purpose of immediately removing the	123547
same from this state in a vehicle owned by the purchaser;	123548

(22) Sales of services provided by the state or any of its	123549
political subdivisions, agencies, instrumentalities, institutions,	123550
or authorities, or by governmental entities of the state or any of	123551
its political subdivisions, agencies, instrumentalities,	123552
institutions, or authorities;	123553

(23) Sales of motor vehicles to nonresidents of this state	123554
under the circumstances described in division (B) of section	123555
5739.029 of the Revised Code;	123556

(24) Sales to persons engaged in the preparation of eggs for	123557
sale of tangible personal property used or consumed directly in	123558
such preparation, including such tangible personal property used	123559
for cleaning, sanitizing, preserving, grading, sorting, and	123560
classifying by size; packages, including material and parts for	123561
packages, and machinery, equipment, and material for use in	123562
packaging eggs for sale; and handling and transportation equipment	123563
and parts therefor, except motor vehicles licensed to operate on	123564
public highways, used in intraplant or interplant transfers or	123565
shipment of eggs in the process of preparation for sale, when the	123566
plant or plants within or between which such transfers or	123567
shipments occur are operated by the same person. "Packages"	123568
includes containers, cases, baskets, flats, fillers, filler flats,	123569
cartons, closure materials, labels, and labeling materials, and	123570
"packaging" means placing therein.	123571

(25)(a) Sales of water to a consumer for residential use,	123572
except the sale of bottled water, distilled water, mineral water,	123573
carbonated water, or ice;	123574

(b) Sales of water by a nonprofit corporation engaged	123575
exclusively in the treatment, distribution, and sale of water to	123576
consumers, if such water is delivered to consumers through pipes	123577
or tubing.	123578

(26) Fees charged for inspection or reinspection of motor	123579
vehicles under section 3704.14 of the Revised Code;	123580

(27) Sales to persons licensed to conduct a food service	123581
operation pursuant to section 3717.43 of the Revised Code, of	123582
tangible personal property primarily used directly for the	123583
following:	123584

(a) To prepare food for human consumption for sale;

123585

(b) To preserve food that has been or will be prepared for	123586
human consumption for sale by the food service operator, not	123587
including tangible personal property used to display food for	123588
selection by the consumer;	123589

(c) To clean tangible personal property used to prepare or	123590
serve food for human consumption for sale.	123591

(28) Sales of animals by nonprofit animal adoption services	123592
or county humane societies;	123593

(29) Sales of services to a corporation described in division	123594
(A) of section 5709.72 of the Revised Code, and sales of tangible	123595
personal property that qualifies for exemption from taxation under	123596
section 5709.72 of the Revised Code;	123597

(30) Sales and installation of agricultural land tile, as	123598
defined in division (B)(5)(a) of section 5739.01 of the Revised	123599
Code;	123600

(31) Sales and erection or installation of portable grain	123601
bins, as defined in division (B)(5)(b) of section 5739.01 of the	123602
Revised Code;	123603

(32) The sale, lease, repair, and maintenance of, parts for,	123604
or items attached to or incorporated in, motor vehicles that are	123605
primarily used for transporting tangible personal property	123606
belonging to others by a person engaged in highway transportation	123607
for hire, except for packages and packaging used for the	123608
transportation of tangible personal property;	123609

(33) Sales to the state headquarters of any veterans'	123610
organization in this state that is either incorporated and issued	123611
a charter by the congress of the United States or is recognized by	123612
the United States veterans administration, for use by the	123613
headquarters;	123614

(34) Sales to a telecommunications service vendor, mobile	123615
telecommunications service vendor, or satellite broadcasting	123616
service vendor of tangible personal property and services used	123617
directly and primarily in transmitting, receiving, switching, or	123618
recording any interactive, one- or two-way electromagnetic	123619
communications, including voice, image, data, and information,	123620
through the use of any medium, including, but not limited to,	123621
poles, wires, cables, switching equipment, computers, and record	123622
storage devices and media, and component parts for the tangible	123623
personal property. The exemption provided in this division shall	123624
be in lieu of all other exemptions under division (B)(42)(a) of	123625
this section to which the vendor may otherwise be entitled, based	123626
upon the use of the thing purchased in providing the	123627
telecommunications, mobile telecommunications, or satellite	123628
broadcasting service.	123629

(35)(a) Sales where the purpose of the consumer is to use or	123630
consume the things transferred in making retail sales and	123631
consisting of newspaper inserts, catalogues, coupons, flyers, gift	123632
certificates, or other advertising material that prices and	123633
describes tangible personal property offered for retail sale.	123634

(b) Sales to direct marketing vendors of preliminary	123635
materials such as photographs, artwork, and typesetting that will	123636
be used in printing advertising material; of printed matter that	123637
offers free merchandise or chances to win sweepstake prizes and	123638
that is mailed to potential customers with advertising material	123639
described in division (B)(35)(a) of this section; and of equipment	123640
such as telephones, computers, facsimile machines, and similar	123641
tangible personal property primarily used to accept orders for	123642
direct marketing retail sales.	123643

(c) Sales of automatic food vending machines that preserve	123644
food with a shelf life of forty-five days or less by refrigeration	123645
and dispense it to the consumer.	123646

For purposes of division (B)(35) of this section, "direct	123647
marketing" means the method of selling where consumers order	123648
tangible personal property by United States mail, delivery	123649
service, or telecommunication and the vendor delivers or ships the	123650
tangible personal property sold to the consumer from a warehouse,	123651
catalogue distribution center, or similar fulfillment facility by	123652
means of the United States mail, delivery service, or common	123653
carrier.	123654

(36) Sales to a person engaged in the business of	123655
horticulture or producing livestock of materials to be	123656
incorporated into a horticulture structure or livestock structure;	123657

(37) Sales of personal computers, computer monitors, computer	123658
keyboards, modems, and other peripheral computer equipment to an	123659
individual who is licensed or certified to teach in an elementary	123660
or a secondary school in this state for use by that individual in	123661
preparation for teaching elementary or secondary school students;	123662

(38) Sales to a professional racing team of any of the	123663
following:	123664

(a) Motor racing vehicles;

123665

(b) Repair services for motor racing vehicles;

123666

(c) Items of property that are attached to or incorporated in	123667
motor racing vehicles, including engines, chassis, and all other	123668
components of the vehicles, and all spare, replacement, and	123669
rebuilt parts or components of the vehicles; except not including	123670
tires, consumable fluids, paint, and accessories consisting of	123671
instrumentation sensors and related items added to the vehicle to	123672
collect and transmit data by means of telemetry and other forms of	123673
communication.	123674

(39) Sales of used manufactured homes and used mobile homes,	123675
as defined in section 5739.0210 of the Revised Code, made on or	123676
after January 1, 2000;	123677

(40) Sales of tangible personal property and services to a	123678
provider of electricity used or consumed directly and primarily in	123679
generating, transmitting, or distributing electricity for use by	123680
others, including property that is or is to be incorporated into	123681
and will become a part of the consumer's production, transmission,	123682
or distribution system and that retains its classification as	123683
tangible personal property after incorporation; fuel or power used	123684
in the production, transmission, or distribution of electricity;	123685
energy conversion equipment as defined in section 5727.01 of the	123686
Revised Code; and tangible personal property and services used in	123687
the repair and maintenance of the production, transmission, or	123688
distribution system, including only those motor vehicles as are	123689
specially designed and equipped for such use. The exemption	123690
provided in this division shall be in lieu of all other exemptions	123691
in division (B)(42)(a) of this section to which a provider of	123692
electricity may otherwise be entitled based on the use of the	123693
tangible personal property or service purchased in generating,	123694
transmitting, or distributing electricity.	123695

(41) Sales to a person providing services under division	123696
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	123697
personal property and services used directly and primarily in	123698
providing taxable services under that section.	123699

(42) Sales where the purpose of the purchaser is to do any of	123700
the following:	123701

(a) To incorporate the thing transferred as a material or a	123702
part into tangible personal property to be produced for sale by	123703
manufacturing, assembling, processing, or refining; or to use or	123704
consume the thing transferred directly in producing tangible	123705
personal property for sale by mining, including, without	123706
limitation, the extraction from the earth of all substances that	123707
are classed geologically as minerals, production of crude oil and	123708
natural gas, farming, agriculture, horticulture, or floriculture,	123709
or directly in the rendition of a public utility service, except	123710
that the sales tax levied by this section shall be collected upon	123711
all meals, drinks, and food for human consumption sold when	123712
transporting persons. Persons engaged in rendering farming,	123713
agricultural, horticultural, or floricultural services, and	123714
services in the exploration for, and production of, crude oil and	123715
natural gas, for others are deemed engaged directly in farming,	123716
agriculture, horticulture, and floriculture, or exploration for,	123717
and production of, crude oil and natural gas. This paragraph does	123718
not exempt from "retail sale" or "sales at retail" the sale of	123719
tangible personal property that is to be incorporated into a	123720
structure or improvement to real property.	123721

(b) To hold the thing transferred as security for the	123722
performance of an obligation of the vendor;	123723

(c) To resell, hold, use, or consume the thing transferred as	123724
evidence of a contract of insurance;	123725

(d) To use or consume the thing directly in commercial	123726
fishing;	123727

(e) To incorporate the thing transferred as a material or a	123728
part into, or to use or consume the thing transferred directly in	123729
the production of, magazines distributed as controlled circulation	123730
publications;	123731

(f) To use or consume the thing transferred in the production	123732
and preparation in suitable condition for market and sale of	123733
printed, imprinted, overprinted, lithographic, multilithic,	123734
blueprinted, photostatic, or other productions or reproductions of	123735
written or graphic matter;	123736

(g) To use the thing transferred, as described in section	123737
5739.011 of the Revised Code, primarily in a manufacturing	123738
operation to produce tangible personal property for sale;	123739

(h) To use the benefit of a warranty, maintenance or service	123740
contract, or similar agreement, as described in division (B)(7) of	123741
section 5739.01 of the Revised Code, to repair or maintain	123742
tangible personal property, if all of the property that is the	123743
subject of the warranty, contract, or agreement would not be	123744
subject to the tax imposed by this section;	123745

(i) To use the thing transferred as qualified research and	123746
development equipment;	123747

(j) To use or consume the thing transferred primarily in	123748
storing, transporting, mailing, or otherwise handling purchased	123749
sales inventory in a warehouse, distribution center, or similar	123750
facility when the inventory is primarily distributed outside this	123751
state to retail stores of the person who owns or controls the	123752
warehouse, distribution center, or similar facility, to retail	123753
stores of an affiliated group of which that person is a member, or	123754
by means of direct marketing. This division does not apply to	123755
motor vehicles registered for operation on the public highways. As	123756
used in this division, "affiliated group" has the same meaning as	123757
in division (B)(3)(e) of section 5739.01 of the Revised Code and	123758
"direct marketing" has the same meaning as in division (B)(35) of	123759
this section.	123760

(k) To use or consume the thing transferred to fulfill a	123761
contractual obligation incurred by a warrantor pursuant to a	123762
warranty provided as a part of the price of the tangible personal	123763
property sold or by a vendor of a warranty, maintenance or service	123764
contract, or similar agreement the provision of which is defined	123765
as a sale under division (B)(7) of section 5739.01 of the Revised	123766
Code;	123767

(l) To use or consume the thing transferred in the production	123768
of a newspaper for distribution to the public;	123769

(m) To use tangible personal property to perform a service	123770
listed in division (B)(3) of section 5739.01 of the Revised Code,	123771
if the property is or is to be permanently transferred to the	123772
consumer of the service as an integral part of the performance of	123773
the service;	123774

(n) To use or consume the thing transferred in acquiring,	123775
formatting, editing, storing, and disseminating data or	123776
information by electronic publishing.	123777

As used in division (B)(42) of this section, "thing" includes	123778
all transactions included in divisions (B)(3)(a), (b), and (e) of	123779
section 5739.01 of the Revised Code.	123780

(43) Sales conducted through a coin operated device that	123781
activates vacuum equipment or equipment that dispenses water,	123782
whether or not in combination with soap or other cleaning agents	123783
or wax, to the consumer for the consumer's use on the premises in	123784
washing, cleaning, or waxing a motor vehicle, provided no other	123785
personal property or personal service is provided as part of the	123786
transaction.	123787

(44) Sales of replacement and modification parts for engines,	123788
airframes, instruments, and interiors in, and paint for, aircraft	123789
used primarily in a fractional aircraft ownership program, and	123790
sales of services for the repair, modification, and maintenance of	123791
such aircraft, and machinery, equipment, and supplies primarily	123792
used to provide those services.	123793

(45) Sales of telecommunications service that is used	123794
directly and primarily to perform the functions of a call center.	123795
As used in this division, "call center" means any physical	123796
location where telephone calls are placed or received in high	123797
volume for the purpose of making sales, marketing, customer	123798
service, technical support, or other specialized business	123799
activity, and that employs at least fifty individuals that engage	123800
in call center activities on a full-time basis, or sufficient	123801
individuals to fill fifty full-time equivalent positions.	123802

(46) Sales by a telecommunications service vendor of 900	123803
service to a subscriber. This division does not apply to	123804
information services, as defined in division (FF) of section	123805
5739.01 of the Revised Code.	123806

(47) Sales of value-added non-voice data service. This	123807
division does not apply to any similar service that is not	123808
otherwise a telecommunications service.	123809

(48)(a) Sales of machinery, equipment, and software to a	123810
qualified direct selling entity for use in a warehouse or	123811
distribution center primarily for storing, transporting, or	123812
otherwise handling inventory that is held for sale to independent	123813
salespersons who operate as direct sellers and that is held	123814
primarily for distribution outside this state;	123815

(b) As used in division (B)(48)(a) of this section:

123816

(i) "Direct seller" means a person selling consumer products	123817
to individuals for personal or household use and not from a fixed	123818
retail location, including selling such product at in-home product	123819
demonstrations, parties, and other one-on-one selling.	123820

(ii) "Qualified direct selling entity" means an entity	123821
selling to direct sellers at the time the entity enters into a tax	123822
credit agreement with the tax credit authority pursuant to section	123823
122.17 of the Revised Code, provided that the agreement was	123824
entered into on or after January 1, 2007. Neither contingencies	123825
relevant to the granting of, nor later developments with respect	123826
to, the tax credit shall impair the status of the qualified direct	123827
selling entity under division (B)(48) of this section after	123828
execution of the tax credit agreement by the tax credit authority.	123829

(c) Division (B)(48) of this section is limited to machinery,	123830
equipment, and software first stored, used, or consumed in this	123831
state within the period commencing June 24, 2008, and ending on	123832
the date that is five years after that date.	123833

(49) Sales of materials, parts, equipment, or engines used in	123834
the repair or maintenance of aircraft or avionics systems of such	123835
aircraft, and sales of repair, remodeling, replacement, or	123836
maintenance services in this state performed on aircraft or on an	123837
aircraft's avionics, engine, or component materials or parts. As	123838
used in division (B)(49) of this section, "aircraft" means	123839
aircraft of more than six thousand pounds maximum certified	123840
takeoff weight or used exclusively in general aviation.	123841

(50) Sales of full flight simulators that are used for pilot	123842
or flight-crew training, sales of repair or replacement parts or	123843
components, and sales of repair or maintenance services for such	123844
full flight simulators. "Full flight simulator" means a replica of	123845
a specific type, or make, model, and series of aircraft cockpit.	123846
It includes the assemblage of equipment and computer programs	123847
necessary to represent aircraft operations in ground and flight	123848
conditions, a visual system providing an out-of-the-cockpit view,	123849
and a system that provides cues at least equivalent to those of a	123850
three-degree-of-freedom motion system, and has the full range of	123851
capabilities of the systems installed in the device as described	123852
in appendices A and B of part 60 of chapter 1 of title 14 of the	123853
Code of Federal Regulations.	123854

(51) Any transfer or lease of tangible personal property	123855
between the state and a successful proposer in accordance with	123856
sections 126.60 to 126.605 of the Revised Code, provided the	123857
property is part of a project as defined in section 126.60 of the	123858
Revised Code and the state retains ownership of the project or	123859
part thereof that is being transferred or leased, between the	123860
state and JobsOhio in accordance with section 4313.02 of the	123861
Revised Code.	123862

(C) For the purpose of the proper administration of this	123863
chapter, and to prevent the evasion of the tax, it is presumed	123864
that all sales made in this state are subject to the tax until the	123865
contrary is established.	123866

(D) The levy of this tax on retail sales of recreation and	123867
sports club service shall not prevent a municipal corporation from	123868
levying any tax on recreation and sports club dues or on any	123869
income generated by recreation and sports club dues.	123870

(E) The tax collected by the vendor from the consumer under	123871
this chapter is not part of the price, but is a tax collection for	123872
the benefit of the state, and of counties levying an additional	123873
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	123874
Code and of transit authorities levying an additional sales tax	123875
pursuant to section 5739.023 of the Revised Code. Except for the	123876
discount authorized under section 5739.12 of the Revised Code and	123877
the effects of any rounding pursuant to section 5703.055 of the	123878
Revised Code, no person other than the state or such a county or	123879
transit authority shall derive any benefit from the collection or	123880
payment of the tax levied by this section or section 5739.021,	123881
5739.023, or 5739.026 of the Revised Code.	123882

Sec. 5739.021. (A) For the purpose of providing additional	123883
general revenues for the county or supporting criminal and	123884
administrative justice services in the county, or both, and to pay	123885
the expenses of administering such levy, any county may levy a tax	123886
at the rate of not more than one per cent at any multiple of	123887
one-fourth of one per cent upon every retail sale made in the	123888
county, except sales of watercraft and outboard motors required to	123889
be titled pursuant to Chapter 1548. of the Revised Code and sales	123890
of motor vehicles, and may increase the rate of an existing tax to	123891
not more than one per cent at any multiple of one-fourth of one	123892
per cent.	123893

The tax shall be levied and the rate increased pursuant to a	123894
resolution of the board of county commissioners. The resolution	123895
shall state the purpose for which the tax is to be levied and the	123896
number of years for which the tax is to be levied, or that it is	123897
for a continuing period of time. If the tax is to be levied for	123898
the purpose of providing additional general revenues and for the	123899
purpose of supporting criminal and administrative justice	123900
services, the resolution shall state the rate or amount of the tax	123901
to be apportioned to each such purpose. The rate or amount may be	123902
different for each year the tax is to be levied, but the rates or	123903
amounts actually apportioned each year shall not be different from	123904
that stated in the resolution for that year. If the resolution is	123905
adopted as an emergency measure necessary for the immediate	123906
preservation of the public peace, health, or safety, it must	123907
receive an affirmative vote of all of the members of the board of	123908
county commissioners and shall state the reasons for such	123909
necessity. The board shall deliver a certified copy of the	123910
resolution to the tax commissioner, not later than the sixty-fifth	123911
day prior to the date on which the tax is to become effective,	123912
which shall be the first day of the calendar quarter.	123913

Prior to the adoption of any resolution under this section,	123914
the board of county commissioners shall conduct two public	123915
hearings on the resolution, the second hearing to be not less than	123916
three nor more than ten days after the first. Notice of the date,	123917
time, and place of the hearings shall be given by publication in a	123918
newspaper of general circulation in the county, or as provided in	123919
section 7.16 of the Revised Code, once a week on the same day of	123920
the week for two consecutive weeks, the second publication being	123921
not less than ten nor more than thirty days prior to the first	123922
hearing.	123923

Except as provided in division (B)(3) of this section, the	123924
resolution shall be subject to a referendum as provided in	123925
sections 305.31 to 305.41 of the Revised Code.	123926

If a petition for a referendum is filed, the county auditor	123927
with whom the petition was filed shall, within five days, notify	123928
the board of county commissioners and the tax commissioner of the	123929
filing of the petition by certified mail. If the board of	123930
elections with which the petition was filed declares the petition	123931
invalid, the board of elections, within five days, shall notify	123932
the board of county commissioners and the tax commissioner of that	123933
declaration by certified mail. If the petition is declared to be	123934
invalid, the effective date of the tax or increased rate of tax	123935
levied by this section shall be the first day of a calendar	123936
quarter following the expiration of sixty-five days from the date	123937
the commissioner receives notice from the board of elections that	123938
the petition is invalid.	123939

(B)(1) A resolution that is not adopted as an emergency	123940
measure may direct the board of elections to submit the question	123941
of levying the tax or increasing the rate of tax to the electors	123942
of the county at a special election held on the date specified by	123943
the board of county commissioners in the resolution, provided that	123944
the election occurs not less than ninety days after a certified	123945
copy of such resolution is transmitted to the board of elections	123946
and the election is not held in February or August of any year.	123947
Upon transmission of the resolution to the board of elections, the	123948
board of county commissioners shall notify the tax commissioner in	123949
writing of the levy question to be submitted to the electors. No	123950
resolution adopted under this division shall go into effect unless	123951
approved by a majority of those voting upon it, and, except as	123952
provided in division (B)(3) of this section, shall become	123953
effective on the first day of a calendar quarter following the	123954
expiration of sixty-five days from the date the tax commissioner	123955
receives notice from the board of elections of the affirmative	123956
vote.	123957

(2) A resolution that is adopted as an emergency measure	123958
shall go into effect as provided in division (A) of this section,	123959
but may direct the board of elections to submit the question of	123960
repealing the tax or increase in the rate of the tax to the	123961
electors of the county at the next general election in the county	123962
occurring not less than ninety days after a certified copy of the	123963
resolution is transmitted to the board of elections. Upon	123964
transmission of the resolution to the board of elections, the	123965
board of county commissioners shall notify the tax commissioner in	123966
writing of the levy question to be submitted to the electors. The	123967
ballot question shall be the same as that prescribed in section	123968
5739.022 of the Revised Code. The board of elections shall notify	123969
the board of county commissioners and the tax commissioner of the	123970
result of the election immediately after the result has been	123971
declared. If a majority of the qualified electors voting on the	123972
question of repealing the tax or increase in the rate of the tax	123973
vote for repeal of the tax or repeal of the increase, the board of	123974
county commissioners, on the first day of a calendar quarter	123975
following the expiration of sixty-five days after the date the	123976
board and tax commissioner receive notice of the result of the	123977
election, shall, in the case of a repeal of the tax, cease to levy	123978
the tax, or, in the case of a repeal of an increase in the rate of	123979
the tax, cease to levy the increased rate and levy the tax at the	123980
rate at which it was imposed immediately prior to the increase in	123981
rate.	123982

(3) If a vendor that is registered with the central	123983
electronic registration system provided for in section 5740.05 of	123984
the Revised Code makes a sale in this state by printed catalog and	123985
the consumer computed the tax on the sale based on local rates	123986
published in the catalog, any tax levied or repealed or rate	123987
changed under this section shall not apply to such a sale until	123988
the first day of a calendar quarter following the expiration of	123989
one hundred twenty days from the date of notice by the tax	123990
commissioner pursuant to division (H) of this section.	123991

(C) If a resolution is rejected at a referendum or if a	123992
resolution adopted after January 1, 1982, as an emergency measure	123993
is repealed by the electors pursuant to division (B)(2) of this	123994
section or section 5739.022 of the Revised Code, then for one year	123995
after the date of the election at which the resolution was	123996
rejected or repealed the board of county commissioners may not	123997
adopt any resolution authorized by this section as an emergency	123998
measure.	123999

(D) The board of county commissioners, at any time while a	124000
tax levied under this section is in effect, may by resolution	124001
reduce the rate at which the tax is levied to a lower rate	124002
authorized by this section. Any reduction in the rate at which the	124003
tax is levied shall be made effective on the first day of a	124004
calendar quarter next following the sixty-fifth day after a	124005
certified copy of the resolution is delivered to the tax	124006
commissioner.	124007

(E) The tax on every retail sale subject to a tax levied	124008
pursuant to this section shall be in addition to the tax levied by	124009
section 5739.02 of the Revised Code and any tax levied pursuant to	124010
section 5739.023 or 5739.026 of the Revised Code.	124011

A county that levies a tax pursuant to this section shall	124012
levy a tax at the same rate pursuant to section 5741.021 of the	124013
Revised Code.	124014

The additional tax levied by the county shall be collected	124015
pursuant to section 5739.025 of the Revised Code. If the	124016
additional tax or some portion thereof is levied for the purpose	124017
of criminal and administrative justice services, the revenue from	124018
the tax, or the amount or rate apportioned to that purpose, shall	124019
be credited to a special fund created in the county treasury for	124020
receipt of that revenue.	124021

Any tax levied pursuant to this section is subject to the	124022
exemptions provided in section 5739.02 of the Revised Code and in	124023
addition shall not be applicable to sales not within the taxing	124024
power of a county under the Constitution of the United States or	124025
the Ohio Constitution.	124026

(F) For purposes of this section, a copy of a resolution is	124027
"certified" when it contains a written statement attesting that	124028
the copy is a true and exact reproduction of the original	124029
resolution.	124030

(G) If a board of commissioners intends to adopt a resolution	124031
to levy a tax in whole or in part for the purpose of criminal and	124032
administrative justice services, the board shall prepare and make	124033
available at the first public hearing at which the resolution is	124034
considered a statement containing the following information:	124035

(1) For each of the two preceding fiscal years, the amount of	124036
expenditures made by the county from the county general fund for	124037
the purpose of criminal and administrative justice services;	124038

(2) For the fiscal year in which the resolution is adopted,	124039
the board's estimate of the amount of expenditures to be made by	124040
the county from the county general fund for the purpose of	124041
criminal and administrative justice services;	124042

(3) For each of the two fiscal years after the fiscal year in	124043
which the resolution is adopted, the board's preliminary plan for	124044
expenditures to be made from the county general fund for the	124045
purpose of criminal and administrative justice services, both	124046
under the assumption that the tax will be imposed for that purpose	124047
and under the assumption that the tax would not be imposed for	124048
that purpose, and for expenditures to be made from the special	124049
fund created under division (E) of this section under the	124050
assumption that the tax will be imposed for that purpose.	124051

The board shall prepare the statement and the preliminary	124052
plan using the best information available to the board at the time	124053
the statement is prepared. Neither the statement nor the	124054
preliminary plan shall be used as a basis to challenge the	124055
validity of the tax in any court of competent jurisdiction, nor	124056
shall the statement or preliminary plan limit the authority of the	124057
board to appropriate, pursuant to section 5705.38 of the Revised	124058
Code, an amount different from that specified in the preliminary	124059
plan.	124060

(H) Upon receipt from a board of county commissioners of a	124061
certified copy of a resolution required by division (A) or (D) of	124062
this section, or from the board of elections of a notice of the	124063
results of an election required by division (A) or (B)(1) or (2)	124064
of this section, the tax commissioner shall provide notice of a	124065
tax rate change in a manner that is reasonably accessible to all	124066
affected vendors. The commissioner shall provide this notice at	124067
least sixty days prior to the effective date of the rate change.	124068
The commissioner, by rule, may establish the method by which	124069
notice will be provided.	124070

(I) As used in this section, "criminal and administrative	124071
justice services" means the exercise by the county sheriff of all	124072
powers and duties vested in that office by law; the exercise by	124073
the county prosecuting attorney of all powers and duties vested in	124074
that office by law; the exercise by any court in the county of all	124075
powers and duties vested in that court; the exercise by the clerk	124076
of the court of common pleas, any clerk of a municipal court	124077
having jurisdiction throughout the county, or the clerk of any	124078
county court of all powers and duties vested in the clerk by law	124079
except, in the case of the clerk of the court of common pleas, the	124080
titling of motor vehicles or watercraft pursuant to Chapter 1548.	124081
or 4505. of the Revised Code; the exercise by the county coroner	124082
of all powers and duties vested in that office by law; making	124083
payments to any other public agency or a private, nonprofit	124084
agency, the purposes of which in the county include the diversion,	124085
adjudication, detention, or rehabilitation of criminals or	124086
juvenile offenders; the operation and maintenance of any detention	124087
facility, as defined in section 2921.01 of the Revised Code; and	124088
the construction, acquisition, equipping, or repair of such a	124089
detention facility, including the payment of any debt charges	124090
incurred in the issuance of securities pursuant to Chapter 133. of	124091
the Revised Code for the purpose of constructing, acquiring,	124092
equipping, or repairing such a facility.	124093

Sec. 5739.022. (A) The question of repeal of either a county	124094
permissive tax or an increase in the rate of a county permissive	124095
tax that was adopted as an emergency measure pursuant to section	124096
5739.021 or 5739.026 of the Revised Code may be initiated by	124097
filing with the board of elections of the county not less than	124098
ninety days before the general election in any year a petition	124099
requesting that an election be held on the question. The question	124100
of repealing an increase in the rate of the county permissive tax	124101
shall be submitted to the electors as a separate question from the	124102
repeal of the tax in effect prior to the increase in the rate. Any	124103
petition filed under this section shall be signed by qualified	124104
electors residing in the county equal in number to ten per cent of	124105
those voting for governor at the most recent gubernatorial	124106
election.	124107

After determination by it that the petition is valid, the	124108
board of elections shall submit the question to the electors of	124109
the county at the next general election. The election shall be	124110
conducted, canvassed, and certified in the same manner as regular	124111
elections for county offices in the county. The board of elections	124112
shall notify the tax commissioner, in writing, of the election	124113
upon determining that the petition is valid. Notice of the	124114
election shall also be published in a newspaper of general	124115
circulation in the district once a week for two consecutive weeks,	124116
or as provided in section 7.16 of the Revised Code, prior to the	124117
election~~, and, if~~. If the board of elections operates and	124118
maintains a web site, the board of elections shall post notice of	124119
the election on its web site for thirty days prior to the	124120
election. The notice shall state the purpose, time, and place of	124121
the election. The form of the ballot cast at the election shall be	124122
prescribed by the secretary of state; however, the ballot question	124123
shall read, "shall the tax (or, increase in the rate of the tax)	124124
be retained?	124125

124126

		Yes			124127
		No	"		124128

124129

The question covered by the petition shall be submitted as a	124130
separate proposition, but it may be printed on the same ballot	124131
with any other proposition submitted at the same election other	124132
than the election of officers.	124133

(B) If a majority of the qualified electors voting on the	124134
question of repeal of either a county permissive tax or an	124135
increase in the rate of a county permissive tax approve the	124136
repeal, the board of elections shall notify the board of county	124137
commissioners and the tax commissioner of the result of the	124138
election immediately after the result has been declared. The board	124139
of county commissioners shall, on the first day of the calendar	124140
quarter following the expiration of sixty-five days after the date	124141
the board and the tax commissioner receive the notice, in the case	124142
of a repeal of a county permissive tax, cease to levy the tax, or,	124143
in the case of a repeal of an increase in the rate of a county	124144
permissive tax, levy the tax at the rate at which it was imposed	124145
immediately prior to the increase in rate and cease to levy the	124146
increased rate.	124147

(C) Upon receipt from a board of elections of a notice of the	124148
results of an election required by division (B) of this section,	124149
the tax commissioner shall provide notice of a tax repeal or rate	124150
change in a manner that is reasonably accessible to all affected	124151
vendors. The commissioner shall provide this notice at least sixty	124152
days prior to the effective date of the rate change. The	124153
commissioner, by rule, may establish the method by which notice	124154
will be provided.	124155

(D) If a vendor that is registered with the central	124156
electronic registration system provided for in section 5740.05 of	124157
the Revised Code makes a sale in this state by printed catalog and	124158
the consumer computed the tax on the sale based on local rates	124159
published in the catalog, any tax repealed or rate changed under	124160
this section shall not apply to such a sale until the first day of	124161
a calendar quarter following the expiration of one hundred twenty	124162
days from the date of notice by the tax commissioner pursuant to	124163
division (C) of this section.	124164

Sec. 5739.026. (A) A board of county commissioners may levy	124165
a tax of one-fourth or one-half of one per cent on every retail	124166
sale in the county, except sales of watercraft and outboard motors	124167
required to be titled pursuant to Chapter 1548. of the Revised	124168
Code and sales of motor vehicles, and may increase an existing	124169
rate of one-fourth of one per cent to one-half of one per cent, to	124170
pay the expenses of administering the tax and, except as provided	124171
in division (A)(6) of this section, for any one or more of the	124172
following purposes provided that the aggregate levy for all such	124173
purposes does not exceed one-half of one per cent:	124174

(1) To provide additional revenues for the payment of bonds	124175
or notes issued in anticipation of bonds issued by a convention	124176
facilities authority established by the board of county	124177
commissioners under Chapter 351. of the Revised Code and to	124178
provide additional operating revenues for the convention	124179
facilities authority;	124180

(2) To provide additional revenues for a transit authority	124181
operating in the county;	124182

(3) To provide additional revenue for the county's general	124183
fund;	124184

(4) To provide additional revenue for permanent improvements	124185
within the county to be distributed by the community improvements	124186
board in accordance with section 307.283 and to pay principal,	124187
interest, and premium on bonds issued under section 307.284 of the	124188
Revised Code;	124189

(5) To provide additional revenue for the acquisition,	124190
construction, equipping, or repair of any specific permanent	124191
improvement or any class or group of permanent improvements, which	124192
improvement or class or group of improvements shall be enumerated	124193
in the resolution required by division (D) of this section, and to	124194
pay principal, interest, premium, and other costs associated with	124195
the issuance of bonds or notes in anticipation of bonds issued	124196
pursuant to Chapter 133. of the Revised Code for the acquisition,	124197
construction, equipping, or repair of the specific permanent	124198
improvement or class or group of permanent improvements;	124199

(6) To provide revenue for the implementation and operation	124200
of a 9-1-1 system in the county. If the tax is levied or the rate	124201
increased exclusively for such purpose, the tax shall not be	124202
levied or the rate increased for more than five years. At the end	124203
of the last year the tax is levied or the rate increased, any	124204
balance remaining in the special fund established for such purpose	124205
shall remain in that fund and be used exclusively for such purpose	124206
until the fund is completely expended, and, notwithstanding	124207
section 5705.16 of the Revised Code, the board of county	124208
commissioners shall not petition for the transfer of money from	124209
such special fund, and the tax commissioner shall not approve such	124210
a petition.	124211

If the tax is levied or the rate increased for such purpose	124212
for more than five years, the board of county commissioners also	124213
shall levy the tax or increase the rate of the tax for one or more	124214
of the purposes described in divisions (A)(1) to (5) of this	124215
section and shall prescribe the method for allocating the revenues	124216
from the tax each year in the manner required by division (C) of	124217
this section.	124218

(7) To provide additional revenue for the operation or	124219
maintenance of a detention facility, as that term is defined under	124220
division (F) of section 2921.01 of the Revised Code;	124221

(8) To provide revenue to finance the construction or	124222
renovation of a sports facility, but only if the tax is levied for	124223
that purpose in the manner prescribed by section 5739.028 of the	124224
Revised Code.	124225

As used in division (A)(8) of this section:

124226

(a) "Sports facility" means a facility intended to house	124227
major league professional athletic teams.	124228

(b) "Constructing" or "construction" includes providing	124229
fixtures, furnishings, and equipment.	124230

(9) To provide additional revenue for the acquisition of	124231
agricultural easements, as defined in section 5301.67 of the	124232
Revised Code; to pay principal, interest, and premium on bonds	124233
issued under section 133.60 of the Revised Code; and for the	124234
supervision and enforcement of agricultural easements held by the	124235
county;	124236

(10) To provide revenue for the provision of ambulance,	124237
paramedic, or other emergency medical services.	124238

Pursuant to section 755.171 of the Revised Code, a board of	124239
county commissioners may pledge and contribute revenue from a tax	124240
levied for the purpose of division (A)(5) of this section to the	124241
payment of debt charges on bonds issued under section 755.17 of	124242
the Revised Code.	124243

The rate of tax shall be a multiple of one-fourth of one per	124244
cent, unless a portion of the rate of an existing tax levied under	124245
section 5739.023 of the Revised Code has been reduced, and the	124246
rate of tax levied under this section has been increased, pursuant	124247
to section 5739.028 of the Revised Code, in which case the	124248
aggregate of the rates of tax levied under this section and	124249
section 5739.023 of the Revised Code shall be a multiple of	124250
one-fourth of one per cent. The tax shall be levied and the rate	124251
increased pursuant to a resolution adopted by a majority of the	124252
members of the board. The board shall deliver a certified copy of	124253
the resolution to the tax commissioner, not later than the	124254
sixty-fifth day prior to the date on which the tax is to become	124255
effective, which shall be the first day of a calendar quarter.	124256

Prior to the adoption of any resolution to levy the tax or to	124257
increase the rate of tax exclusively for the purpose set forth in	124258
division (A)(3) of this section, the board of county commissioners	124259
shall conduct two public hearings on the resolution, the second	124260
hearing to be no fewer than three nor more than ten days after the	124261
first. Notice of the date, time, and place of the hearings shall	124262
be given by publication in a newspaper of general circulation in	124263
the county, or as provided in section 7.16 of the Revised Code,	124264
once a week on the same day of the week for two consecutive weeks,	124265
~~the~~. The second publication ~~being~~shall be no fewer than ten nor	124266
more than thirty days prior to the first hearing. Except as	124267
provided in division (E) of this section, the resolution shall be	124268
subject to a referendum as provided in sections 305.31 to 305.41	124269
of the Revised Code. If the resolution is adopted as an emergency	124270
measure necessary for the immediate preservation of the public	124271
peace, health, or safety, it must receive an affirmative vote of	124272
all of the members of the board of county commissioners and shall	124273
state the reasons for the necessity.	124274

If the tax is for more than one of the purposes set forth in	124275
divisions (A)(1) to (7), (9), and (10) of this section, or is	124276
exclusively for one of the purposes set forth in division (A)(1),	124277
(2), (4), (5), (6), (7), (9), or (10) of this section, the	124278
resolution shall not go into effect unless it is approved by a	124279
majority of the electors voting on the question of the tax.	124280

(B) The board of county commissioners shall adopt a	124281
resolution under section 351.02 of the Revised Code creating the	124282
convention facilities authority, or under section 307.283 of the	124283
Revised Code creating the community improvements board, before	124284
adopting a resolution levying a tax for the purpose of a	124285
convention facilities authority under division (A)(1) of this	124286
section or for the purpose of a community improvements board under	124287
division (A)(4) of this section.	124288

(C)(1) If the tax is to be used for more than one of the	124289
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	124290
this section, the board of county commissioners shall establish	124291
the method that will be used to determine the amount or proportion	124292
of the tax revenue received by the county during each year that	124293
will be distributed for each of those purposes, including, if	124294
applicable, provisions governing the reallocation of a convention	124295
facilities authority's allocation if the authority is dissolved	124296
while the tax is in effect. The allocation method may provide that	124297
different proportions or amounts of the tax shall be distributed	124298
among the purposes in different years, but it shall clearly	124299
describe the method that will be used for each year. Except as	124300
otherwise provided in division (C)(2) of this section, the	124301
allocation method established by the board is not subject to	124302
amendment during the life of the tax.	124303

(2) Subsequent to holding a public hearing on the proposed	124304
amendment, the board of county commissioners may amend the	124305
allocation method established under division (C)(1) of this	124306
section for any year, if the amendment is approved by the	124307
governing board of each entity whose allocation for the year would	124308
be reduced by the proposed amendment. In the case of a tax that is	124309
levied for a continuing period of time, the board may not so amend	124310
the allocation method for any year before the sixth year that the	124311
tax is in effect.	124312

(a) If the additional revenues provided to the convention	124313
facilities authority are pledged by the authority for the payment	124314
of convention facilities authority revenue bonds for as long as	124315
such bonds are outstanding, no reduction of the authority's	124316
allocation of the tax shall be made for any year except to the	124317
extent that the reduced authority allocation, when combined with	124318
the authority's other revenues pledged for that purpose, is	124319
sufficient to meet the debt service requirements for that year on	124320
such bonds.	124321

(b) If the additional revenues provided to the county are	124322
pledged by the county for the payment of bonds or notes described	124323
in division (A)(4) or (5) of this section, for as long as such	124324
bonds or notes are outstanding, no reduction of the county's or	124325
the community improvements board's allocation of the tax shall be	124326
made for any year, except to the extent that the reduced county or	124327
community improvements board allocation is sufficient to meet the	124328
debt service requirements for that year on such bonds or notes.	124329

(c) If the additional revenues provided to the transit	124330
authority are pledged by the authority for the payment of revenue	124331
bonds issued under section 306.37 of the Revised Code, for as long	124332
as such bonds are outstanding, no reduction of the authority's	124333
allocation of tax shall be made for any year, except to the extent	124334
that the authority's reduced allocation, when combined with the	124335
authority's other revenues pledged for that purpose, is sufficient	124336
to meet the debt service requirements for that year on such bonds.	124337

(d) If the additional revenues provided to the county are	124338
pledged by the county for the payment of bonds or notes issued	124339
under section 133.60 of the Revised Code, for so long as the bonds	124340
or notes are outstanding, no reduction of the county's allocation	124341
of the tax shall be made for any year, except to the extent that	124342
the reduced county allocation is sufficient to meet the debt	124343
service requirements for that year on the bonds or notes.	124344

(D)(1) The resolution levying the tax or increasing the rate	124345
of tax shall state the rate of the tax or the rate of the	124346
increase; the purpose or purposes for which it is to be levied;	124347
the number of years for which it is to be levied or that it is for	124348
a continuing period of time; the allocation method required by	124349
division (C) of this section; and if required to be submitted to	124350
the electors of the county under division (A) of this section, the	124351
date of the election at which the proposal shall be submitted to	124352
the electors of the county, which shall be not less than ninety	124353
days after the certification of a copy of the resolution to the	124354
board of elections and, if the tax is to be levied exclusively for	124355
the purpose set forth in division (A)(3) of this section, shall	124356
not occur in February or August of any year. Upon certification of	124357
the resolution to the board of elections, the board of county	124358
commissioners shall notify the tax commissioner in writing of the	124359
levy question to be submitted to the electors. If approved by a	124360
majority of the electors, the tax shall become effective on the	124361
first day of a calendar quarter next following the sixty-fifth day	124362
following the date the board of county commissioners and tax	124363
commissioner receive from the board of elections the certification	124364
of the results of the election, except as provided in division (E)	124365
of this section.	124366

(2)(a) A resolution specifying that the tax is to be used	124367
exclusively for the purpose set forth in division (A)(3) of this	124368
section that is not adopted as an emergency measure may direct the	124369
board of elections to submit the question of levying the tax or	124370
increasing the rate of the tax to the electors of the county at a	124371
special election held on the date specified by the board of county	124372
commissioners in the resolution, provided that the election occurs	124373
not less than ninety days after the resolution is certified to the	124374
board of elections and the election is not held in February or	124375
August of any year. Upon certification of the resolution to the	124376
board of elections, the board of county commissioners shall notify	124377
the tax commissioner in writing of the levy question to be	124378
submitted to the electors. No resolution adopted under division	124379
(D)(2)(a) of this section shall go into effect unless approved by	124380
a majority of those voting upon it and, except as provided in	124381
division (E) of this section, not until the first day of a	124382
calendar quarter following the expiration of sixty-five days from	124383
the date the tax commissioner receives notice from the board of	124384
elections of the affirmative vote.	124385

(b) A resolution specifying that the tax is to be used	124386
exclusively for the purpose set forth in division (A)(3) of this	124387
section that is adopted as an emergency measure shall become	124388
effective as provided in division (A) of this section, but may	124389
direct the board of elections to submit the question of repealing	124390
the tax or increase in the rate of the tax to the electors of the	124391
county at the next general election in the county occurring not	124392
less than ninety days after the resolution is certified to the	124393
board of elections. Upon certification of the resolution to the	124394
board of elections, the board of county commissioners shall notify	124395
the tax commissioner in writing of the levy question to be	124396
submitted to the electors. The ballot question shall be the same	124397
as that prescribed in section 5739.022 of the Revised Code. The	124398
board of elections shall notify the board of county commissioners	124399
and the tax commissioner of the result of the election immediately	124400
after the result has been declared. If a majority of the qualified	124401
electors voting on the question of repealing the tax or increase	124402
in the rate of the tax vote for repeal of the tax or repeal of the	124403
increase, the board of county commissioners, on the first day of a	124404
calendar quarter following the expiration of sixty-five days after	124405
the date the board and tax commissioner received notice of the	124406
result of the election, shall, in the case of a repeal of the tax,	124407
cease to levy the tax, or, in the case of a repeal of an increase	124408
in the rate of the tax, cease to levy the increased rate and levy	124409
the tax at the rate at which it was imposed immediately prior to	124410
the increase in rate.	124411

(c) A board of county commissioners, by resolution, may	124412
reduce the rate of a tax levied exclusively for the purpose set	124413
forth in division (A)(3) of this section to a lower rate	124414
authorized by this section. Any such reduction shall be made	124415
effective on the first day of the calendar quarter next following	124416
the sixty-fifth day after the tax commissioner receives a	124417
certified copy of the resolution from the board.	124418

(E) If a vendor that is registered with the central	124419
electronic registration system provided for in section 5740.05 of	124420
the Revised Code makes a sale in this state by printed catalog and	124421
the consumer computed the tax on the sale based on local rates	124422
published in the catalog, any tax levied or repealed or rate	124423
changed under this section shall not apply to such a sale until	124424
the first day of a calendar quarter following the expiration of	124425
one hundred twenty days from the date of notice by the tax	124426
commissioner pursuant to division (G) of this section.	124427

(F) The tax levied pursuant to this section shall be in	124428
addition to the tax levied by section 5739.02 of the Revised Code	124429
and any tax levied pursuant to section 5739.021 or 5739.023 of the	124430
Revised Code.	124431

A county that levies a tax pursuant to this section shall	124432
levy a tax at the same rate pursuant to section 5741.023 of the	124433
Revised Code.	124434

The additional tax levied by the county shall be collected	124435
pursuant to section 5739.025 of the Revised Code.	124436

Any tax levied pursuant to this section is subject to the	124437
exemptions provided in section 5739.02 of the Revised Code and in	124438
addition shall not be applicable to sales not within the taxing	124439
power of a county under the Constitution of the United States or	124440
the Ohio Constitution.	124441

(G) Upon receipt from a board of county commissioners of a	124442
certified copy of a resolution required by division (A) of this	124443
section, or from the board of elections a notice of the results of	124444
an election required by division (D)(1), (2)(a), (b), or (c) of	124445
this section, the tax commissioner shall provide notice of a tax	124446
rate change in a manner that is reasonably accessible to all	124447
affected vendors. The commissioner shall provide this notice at	124448
least sixty days prior to the effective date of the rate change.	124449
The commissioner, by rule, may establish the method by which	124450
notice will be provided.	124451

Sec. 5739.07. (A) When, pursuant to this chapter, a vendor	124452
has paid taxes to the treasurer of state or the treasurer of	124453
state's agent, or to the tax commissioner or the commissioner's	124454
agent, the commissioner shall refund to the vendor the amount of	124455
taxes paid if the vendor has refunded to the consumer the full	124456
amount of taxes the consumer paid illegally or erroneously or if	124457
the vendor has illegally or erroneously billed the consumer but	124458
has not collected the taxes from the consumer.	124459

(B) When, pursuant to this chapter, a consumer has paid taxes	124460
directly to the treasurer of state or the treasurer of state's	124461
agent, or to the tax commissioner or the commissioner's agent, and	124462
the payment or assessment was illegal or erroneous, the	124463
commissioner shall refund to the consumer the full amount of	124464
illegal or erroneous taxes paid.	124465

(C) The commissioner shall refund to the consumer taxes paid	124466
illegally or erroneously to a vendor only if:	124467

(1) The commissioner has not refunded the tax to the vendor	124468
and the vendor has not refunded the tax to the consumer; or	124469

(2) The consumer has received a refund from a manufacturer or	124470
other person, other than the vendor, of the full purchase price,	124471
but not the tax, paid to the vendor in settlement of a complaint	124472
by the consumer about the property or service purchased.	124473

The commissioner may require the consumer to obtain or the	124474
vendor to provide a written statement confirming that the vendor	124475
has not refunded the tax to the consumer and has not filed an	124476
application for refund of the tax with the commissioner.	124477

(D) AnSubject to division (E) of this section, an	124478
application for refund shall be filed with the tax commissioner on	124479
the form prescribed by the commissioner within four years from the	124480
date of the illegal or erroneous payment of the tax, unless the	124481
vendor or consumer waives the time limitation under division	124482
(A)(3) of section 5739.16 of the Revised Code. If the time	124483
limitation is waived, the refund application period shall be	124484
extended for the same period as the waiver.	124485

(E) An application for refund shall be filed in accordance	124486
with division (D) of this section unless a person is subject to an	124487
assessment that is subject to the time limit of division (B) of	124488
section 5703.58 of the Revised Code for a tax not reported and	124489
paid between the four-year time limit described in division (D) of	124490
this section and the seven-year limit described in division (B) of	124491
section 5703.58 of the Revised Code, in which case the person may	124492
file an application for refund for the year in which the	124493
assessment is issued or any following year.	124494

(F) On the filing of an application for a refund, the	124495
commissioner shall determine the amount of refund to which the	124496
applicant is entitled. If the amount is not less than that	124497
claimed, the commissioner shall certify that amount to the	124498
director of budget and management and the treasurer of state for	124499
payment from the tax refund fund created by section 5703.052 of	124500
the Revised Code. If the amount is less than that claimed, the	124501
commissioner shall proceed in accordance with section 5703.70 of	124502
the Revised Code.	124503

~~(F)~~(G) When a refund is granted under this section, it shall	124504
include interest thereon as provided by section 5739.132 of the	124505
Revised Code.	124506

Sec. 5739.101. (A) The legislative authority of a municipal	124507
corporation, by ordinance, or of a township, by resolution, may	124508
declare the municipal corporation or township to be a resort area	124509
for the purposes of this section, if all of the following criteria	124510
are met:	124511

(1) According to statistics published by the federal	124512
government based on data compiled during the most recent decennial	124513
census of the United States, at least sixty-two per cent of total	124514
housing units in the municipal corporation or township are	124515
classified as "for seasonal, recreational, or occasional use";	124516

(2) Entertainment and recreation facilities are provided	124517
within the municipal corporation or township that are primarily	124518
intended to provide seasonal leisure time activities for persons	124519
other than permanent residents of the municipal corporation or	124520
township;	124521

(3) The municipal corporation or township experiences	124522
seasonal peaks of employment and demand for government services as	124523
a direct result of the seasonal population increase.	124524

(B) For the purpose of providing revenue for its general	124525
fund, the legislative authority of a municipal corporation or	124526
township, in its ordinance or resolution declaring itself a resort	124527
area under this section, may levy a tax on the privilege of	124528
engaging in the business of either of the following:	124529

(1) Making sales in the municipal corporation or township,	124530
whether wholesale or retail, but including sales of food only to	124531
the extent such sales are subject to the tax levied under section	124532
5739.02 of the Revised Code;	124533

(2) Intrastate transportation of passengers or property	124534
primarily to or from the municipal corporation or township by a	124535
railroad, watercraft, or motor vehicle subject to regulation by	124536
the public utilities commission, except not including	124537
transportation of passengers as part of a tour or cruise in which	124538
the passengers will stay in the municipal corporation or township	124539
for no more than one hour.	124540

The tax is imposed upon and shall be paid by the person	124541
making the sales or transporting the passengers or property. The	124542
rate of the tax shall be one-half, one, or one and one-half per	124543
cent of the person's gross receipts derived from making the sales	124544
or transporting the passengers or property to or from the	124545
municipal corporation or township.	124546

(C) The tax shall take effect on the first day of the month	124547
that begins at least sixty days after the effective date of the	124548
ordinance or resolution in which it is levied. The legislative	124549
authority shall certify copies of the ordinance or resolution to	124550
the tax commissioner and treasurer of state within five days after	124551
its adoption. In addition, one time each week during the two weeks	124552
following the adoption of the ordinance or resolution, the	124553
legislative authority shall cause to be published in a newspaper	124554
of general circulation in the municipal corporation or township or	124555
as provided in section 7.16 of the Revised Code, a notice	124556
explaining the tax and stating the rate of the tax, the date it	124557
will take effect, and that persons subject to the tax must	124558
register with the tax commissioner under section 5739.103 of the	124559
Revised Code.	124560

(D) No more than once a year, and subject to the rates	124561
prescribed in division (B) of this section, the legislative	124562
authority of the municipal corporation or township, by ordinance	124563
or resolution, may increase or decrease the rate of a tax levied	124564
under this section. The legislative authority, by ordinance or	124565
resolution, at any time may repeal such a tax. The legislative	124566
authority shall certify to the tax commissioner and treasurer of	124567
state copies of the ordinance or resolution repealing or changing	124568
the rate of the tax within five days after its adoption. In	124569
addition, one time each week during the two weeks following the	124570
adoption of the ordinance or resolution, the legislative authority	124571
shall cause to be published in a newspaper of general circulation	124572
in the municipal corporation or township or as provided in section	124573
7.16 of the Revised Code, notice of the repeal or change.	124574

Sec. 5739.19. The tax commissioner may revoke any retail	124575
vendor's license upon ascertaining that the vendor has no need for	124576
the license because the vendor is not engaged in making taxable	124577
retail sales. Notice of the revocation shall be delivered to the	124578
vendor personally or by certified mail~~, return receipt requested~~	124579
or by an alternative delivery service as authorized under section	124580
5703.37 of the Revised Code. The revocation shall be effective on	124581
the first day of the month following the expiration of fifteen	124582
days after the vendor received the notice of the revocation.	124583

The revocation of the vendor's license shall be stayed if,	124584
within fifteen days after receiving notice of the revocation, the	124585
vendor objects, in writing, to the revocation. The commissioner	124586
shall consider the written objections of the vendor and issue a	124587
final determination on the revocation of the vendor's license. The	124588
commissioner's final determination may be appealed to the board of	124589
tax appeals pursuant to section 5717.02 of the Revised Code. The	124590
revocation shall be effective on the first day of the month	124591
following the expiration of all time limits for appeal.	124592

Sec. 5739.30. (A) No person, including any officer,	124593
employee, or trustee of a corporation or business trust, shall	124594
fail to file any return or report required to be filed by this	124595
chapter, or file or cause to be filed any incomplete, false or	124596
fraudulent return, report, or statement, or aid or abet another in	124597
the filing of any false or fraudulent return, report, or	124598
statement.	124599

(B) If any vendor required to file monthly returns under	124600
section 5739.12 of the Revised Code fails, on two consecutive	124601
months or on three or more months within a twelve-month period, to	124602
file such returns when due or to pay the tax thereon, or if any	124603
vendor authorized by the tax commissioner to file semiannual	124604
returns fails on two or more occasions within a twenty-four month	124605
period, to file such returns when due or to pay the tax due	124606
thereon, the commissioner may do any of the following:	124607

(1) Require the vendor to furnish security in an amount equal	124608
to the average tax liability of the vendor for a period of one	124609
year, as determined by the commissioner from a review of returns	124610
or other information pertaining to the vendor, which amount shall	124611
in no event be less than one thousand dollars. The security may be	124612
in the form of a corporate surety bond, satisfactory to the	124613
commissioner, conditioned upon payment of the tax due with the	124614
returns from the vendor. The security shall be filed within ten	124615
days following the vendor's receipt of the notice from the	124616
commissioner of its requirements.	124617

(2) Suspend the license issued to the vendor pursuant to	124618
section 5739.17 of the Revised Code. The suspension shall be	124619
effective ten days after service of written notice to the vendor	124620
of the commissioner's intention to do so. The notice shall be	124621
served upon the vendor personally or, by certified mail, or by an	124622
alternative delivery service as authorized under section 5703.37	124623
of the Revised Code. On the first day of the suspension, the	124624
commissioner shall cause to be posted, at every public entrance of	124625
the vendor's premises, a notice identifying the vendor and the	124626
location and informing the public that the vendor's license is	124627
under suspension and that no retail sales may be transacted at	124628
that location. No person, other than the commissioner or the	124629
commissioner's agent or employee, shall remove, cover, or deface	124630
the posted notice. No license which has been suspended under this	124631
section shall be reinstated, and no posted notice shall be	124632
removed, until the vendor has filed complete and correct returns	124633
for all periods in which no return had been filed and paid the	124634
full amount of the tax, penalties, and other charges due on those	124635
returns.	124636

A corporate surety bond filed under this section shall be	124637
returned to the vendor if, for a period of twelve consecutive	124638
months following the date the bond was filed, the vendor has filed	124639
all returns and remitted payment with them within the time	124640
prescribed in section 5739.12 of the Revised Code.	124641

Sec. 5747.01. Except as otherwise expressly provided or	124642
clearly appearing from the context, any term used in this chapter	124643
that is not otherwise defined in this section has the same meaning	124644
as when used in a comparable context in the laws of the United	124645
States relating to federal income taxes or if not used in a	124646
comparable context in those laws, has the same meaning as in	124647
section 5733.40 of the Revised Code. Any reference in this chapter	124648
to the Internal Revenue Code includes other laws of the United	124649
States relating to federal income taxes.	124650

As used in this chapter:

124651

(A) "Adjusted gross income" or "Ohio adjusted gross income"	124652
means federal adjusted gross income, as defined and used in the	124653
Internal Revenue Code, adjusted as provided in this section:	124654

(1) Add interest or dividends on obligations or securities of	124655
any state or of any political subdivision or authority of any	124656
state, other than this state and its subdivisions and authorities.	124657

(2) Add interest or dividends on obligations of any	124658
authority, commission, instrumentality, territory, or possession	124659
of the United States to the extent that the interest or dividends	124660
are exempt from federal income taxes but not from state income	124661
taxes.	124662

(3) Deduct interest or dividends on obligations of the United	124663
States and its territories and possessions or of any authority,	124664
commission, or instrumentality of the United States to the extent	124665
that the interest or dividends are included in federal adjusted	124666
gross income but exempt from state income taxes under the laws of	124667
the United States.	124668

(4) Deduct disability and survivor's benefits to the extent	124669
included in federal adjusted gross income.	124670

(5) Deduct benefits under Title II of the Social Security Act	124671
and tier 1 railroad retirement benefits to the extent included in	124672
federal adjusted gross income under section 86 of the Internal	124673
Revenue Code.	124674

(6) In the case of a taxpayer who is a beneficiary of a trust	124675
that makes an accumulation distribution as defined in section 665	124676
of the Internal Revenue Code, add, for the beneficiary's taxable	124677
years beginning before 2002, the portion, if any, of such	124678
distribution that does not exceed the undistributed net income of	124679
the trust for the three taxable years preceding the taxable year	124680
in which the distribution is made to the extent that the portion	124681
was not included in the trust's taxable income for any of the	124682
trust's taxable years beginning in 2002 or thereafter.	124683
"Undistributed net income of a trust" means the taxable income of	124684
the trust increased by (a)(i) the additions to adjusted gross	124685
income required under division (A) of this section and (ii) the	124686
personal exemptions allowed to the trust pursuant to section	124687
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	124688
deductions to adjusted gross income required under division (A) of	124689
this section, (ii) the amount of federal income taxes attributable	124690
to such income, and (iii) the amount of taxable income that has	124691
been included in the adjusted gross income of a beneficiary by	124692
reason of a prior accumulation distribution. Any undistributed net	124693
income included in the adjusted gross income of a beneficiary	124694
shall reduce the undistributed net income of the trust commencing	124695
with the earliest years of the accumulation period.	124696

(7) Deduct the amount of wages and salaries, if any, not	124697
otherwise allowable as a deduction but that would have been	124698
allowable as a deduction in computing federal adjusted gross	124699
income for the taxable year, had the targeted jobs credit allowed	124700
and determined under sections 38, 51, and 52 of the Internal	124701
Revenue Code not been in effect.	124702

(8) Deduct any interest or interest equivalent on public	124703
obligations and purchase obligations to the extent that the	124704
interest or interest equivalent is included in federal adjusted	124705
gross income.	124706

(9) Add any loss or deduct any gain resulting from the sale,	124707
exchange, or other disposition of public obligations to the extent	124708
that the loss has been deducted or the gain has been included in	124709
computing federal adjusted gross income.	124710

(10) Deduct or add amounts, as provided under section 5747.70	124711
of the Revised Code, related to contributions to variable college	124712
savings program accounts made or tuition units purchased pursuant	124713
to Chapter 3334. of the Revised Code.	124714

(11)(a) Deduct, to the extent not otherwise allowable as a	124715
deduction or exclusion in computing federal or Ohio adjusted gross	124716
income for the taxable year, the amount the taxpayer paid during	124717
the taxable year for medical care insurance and qualified	124718
long-term care insurance for the taxpayer, the taxpayer's spouse,	124719
and dependents. No deduction for medical care insurance under	124720
division (A)(11) of this section shall be allowed either to any	124721
taxpayer who is eligible to participate in any subsidized health	124722
plan maintained by any employer of the taxpayer or of the	124723
taxpayer's spouse, or to any taxpayer who is entitled to, or on	124724
application would be entitled to, benefits under part A of Title	124725
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	124726
301, as amended. For the purposes of division (A)(11)(a) of this	124727
section, "subsidized health plan" means a health plan for which	124728
the employer pays any portion of the plan's cost. The deduction	124729
allowed under division (A)(11)(a) of this section shall be the net	124730
of any related premium refunds, related premium reimbursements, or	124731
related insurance premium dividends received during the taxable	124732
year.	124733

(b) Deduct, to the extent not otherwise deducted or excluded	124734
in computing federal or Ohio adjusted gross income during the	124735
taxable year, the amount the taxpayer paid during the taxable	124736
year, not compensated for by any insurance or otherwise, for	124737
medical care of the taxpayer, the taxpayer's spouse, and	124738
dependents, to the extent the expenses exceed seven and one-half	124739
per cent of the taxpayer's federal adjusted gross income.	124740

(c) Deduct, to the extent not otherwise deducted or excluded	124741
in computing federal or Ohio adjusted gross income, any amount	124742
included in federal adjusted gross income under section 105 or not	124743
excluded under section 106 of the Internal Revenue Code solely	124744
because it relates to an accident and health plan for a person who	124745
otherwise would be a "qualifying relative" and thus a "dependent"	124746
under section 152 of the Internal Revenue Code but for the fact	124747
that the person fails to meet the income and support limitations	124748
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.	124749

(d) For purposes of division (A)(11) of this section,	124750
"medical care" has the meaning given in section 213 of the	124751
Internal Revenue Code, subject to the special rules, limitations,	124752
and exclusions set forth therein, and "qualified long-term care"	124753
has the same meaning given in section 7702B(c) of the Internal	124754
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)	124755
of this section, "dependent" includes a person who otherwise would	124756
be a "qualifying relative" and thus a "dependent" under section	124757
152 of the Internal Revenue Code but for the fact that the person	124758
fails to meet the income and support limitations under section	124759
152(d)(1)(B) and (C) of the Internal Revenue Code.	124760

(12)(a) Deduct any amount included in federal adjusted gross	124761
income solely because the amount represents a reimbursement or	124762
refund of expenses that in any year the taxpayer had deducted as	124763
an itemized deduction pursuant to section 63 of the Internal	124764
Revenue Code and applicable United States department of the	124765
treasury regulations. The deduction otherwise allowed under	124766
division (A)(12)(a) of this section shall be reduced to the extent	124767
the reimbursement is attributable to an amount the taxpayer	124768
deducted under this section in any taxable year.	124769

(b) Add any amount not otherwise included in Ohio adjusted	124770
gross income for any taxable year to the extent that the amount is	124771
attributable to the recovery during the taxable year of any amount	124772
deducted or excluded in computing federal or Ohio adjusted gross	124773
income in any taxable year.	124774

(13) Deduct any portion of the deduction described in section	124775
1341(a)(2) of the Internal Revenue Code, for repaying previously	124776
reported income received under a claim of right, that meets both	124777
of the following requirements:	124778

(a) It is allowable for repayment of an item that was	124779
included in the taxpayer's adjusted gross income for a prior	124780
taxable year and did not qualify for a credit under division (A)	124781
or (B) of section 5747.05 of the Revised Code for that year;	124782

(b) It does not otherwise reduce the taxpayer's adjusted	124783
gross income for the current or any other taxable year.	124784

(14) Deduct an amount equal to the deposits made to, and net	124785
investment earnings of, a medical savings account during the	124786
taxable year, in accordance with section 3924.66 of the Revised	124787
Code. The deduction allowed by division (A)(14) of this section	124788
does not apply to medical savings account deposits and earnings	124789
otherwise deducted or excluded for the current or any other	124790
taxable year from the taxpayer's federal adjusted gross income.	124791

(15)(a) Add an amount equal to the funds withdrawn from a	124792
medical savings account during the taxable year, and the net	124793
investment earnings on those funds, when the funds withdrawn were	124794
used for any purpose other than to reimburse an account holder	124795
for, or to pay, eligible medical expenses, in accordance with	124796
section 3924.66 of the Revised Code;	124797

(b) Add the amounts distributed from a medical savings	124798
account under division (A)(2) of section 3924.68 of the Revised	124799
Code during the taxable year.	124800

(16) Add any amount claimed as a credit under section	124801
5747.059 of the Revised Code to the extent that such amount	124802
satisfies either of the following:	124803

(a) The amount was deducted or excluded from the computation	124804
of the taxpayer's federal adjusted gross income as required to be	124805
reported for the taxpayer's taxable year under the Internal	124806
Revenue Code;	124807

(b) The amount resulted in a reduction of the taxpayer's	124808
federal adjusted gross income as required to be reported for any	124809
of the taxpayer's taxable years under the Internal Revenue Code.	124810

(17) Deduct the amount contributed by the taxpayer to an	124811
individual development account program established by a county	124812
department of job and family services pursuant to sections 329.11	124813
to 329.14 of the Revised Code for the purpose of matching funds	124814
deposited by program participants. On request of the tax	124815
commissioner, the taxpayer shall provide any information that, in	124816
the tax commissioner's opinion, is necessary to establish the	124817
amount deducted under division (A)(17) of this section.	124818

(18) Beginning in taxable year 2001 but not for any taxable	124819
year beginning after December 31, 2005, if the taxpayer is married	124820
and files a joint return and the combined federal adjusted gross	124821
income of the taxpayer and the taxpayer's spouse for the taxable	124822
year does not exceed one hundred thousand dollars, or if the	124823
taxpayer is single and has a federal adjusted gross income for the	124824
taxable year not exceeding fifty thousand dollars, deduct amounts	124825
paid during the taxable year for qualified tuition and fees paid	124826
to an eligible institution for the taxpayer, the taxpayer's	124827
spouse, or any dependent of the taxpayer, who is a resident of	124828
this state and is enrolled in or attending a program that	124829
culminates in a degree or diploma at an eligible institution. The	124830
deduction may be claimed only to the extent that qualified tuition	124831
and fees are not otherwise deducted or excluded for any taxable	124832
year from federal or Ohio adjusted gross income. The deduction may	124833
not be claimed for educational expenses for which the taxpayer	124834
claims a credit under section 5747.27 of the Revised Code.	124835

(19) Add any reimbursement received during the taxable year	124836
of any amount the taxpayer deducted under division (A)(18) of this	124837
section in any previous taxable year to the extent the amount is	124838
not otherwise included in Ohio adjusted gross income.	124839

(20)(a)(i) Add five-sixths of the amount of depreciation	124840
expense allowed by subsection (k) of section 168 of the Internal	124841
Revenue Code, including the taxpayer's proportionate or	124842
distributive share of the amount of depreciation expense allowed	124843
by that subsection to a pass-through entity in which the taxpayer	124844
has a direct or indirect ownership interest.	124845

(ii) Add five-sixths of the amount of qualifying section 179	124846
depreciation expense, including a person's proportionate or	124847
distributive share of the amount of qualifying section 179	124848
depreciation expense allowed to any pass-through entity in which	124849
the person has a direct or indirect ownership. For the purposes of	124850
this division, "qualifying section 179 depreciation expense" means	124851
the difference between (I) the amount of depreciation expense	124852
directly or indirectly allowed to the taxpayer under section 179	124853
of the Internal Revenue Code, and (II) the amount of depreciation	124854
expense directly or indirectly allowed to the taxpayer under	124855
section 179 of the Internal Revenue Code as that section existed	124856
on December 31, 2002.	124857

The tax commissioner, under procedures established by the	124858
commissioner, may waive the add-backs related to a pass-through	124859
entity if the taxpayer owns, directly or indirectly, less than	124860
five per cent of the pass-through entity.	124861

(b) Nothing in division (A)(20) of this section shall be	124862
construed to adjust or modify the adjusted basis of any asset.	124863

(c) To the extent the add-back required under division	124864
(A)(20)(a) of this section is attributable to property generating	124865
nonbusiness income or loss allocated under section 5747.20 of the	124866
Revised Code, the add-back shall be sitused to the same location	124867
as the nonbusiness income or loss generated by the property for	124868
the purpose of determining the credit under division (A) of	124869
section 5747.05 of the Revised Code. Otherwise, the add-back shall	124870
be apportioned, subject to one or more of the four alternative	124871
methods of apportionment enumerated in section 5747.21 of the	124872
Revised Code.	124873

(d) For the purposes of division (A) of this section, net	124874
operating loss carryback and carryforward shall not include	124875
five-sixths of the allowance of any net operating loss deduction	124876
carryback or carryforward to the taxable year to the extent such	124877
loss resulted from depreciation allowed by section 168(k) of the	124878
Internal Revenue Code and by the qualifying section 179	124879
depreciation expense amount.	124880

(21)(a) If the taxpayer was required to add an amount under	124881
division (A)(20)(a) of this section for a taxable year, deduct	124882
one-fifth of the amount so added for each of the five succeeding	124883
taxable years.	124884

(b) If the amount deducted under division (A)(21)(a) of this	124885
section is attributable to an add-back allocated under division	124886
(A)(20)(c) of this section, the amount deducted shall be sitused	124887
to the same location. Otherwise, the add-back shall be apportioned	124888
using the apportionment factors for the taxable year in which the	124889
deduction is taken, subject to one or more of the four alternative	124890
methods of apportionment enumerated in section 5747.21 of the	124891
Revised Code.	124892

(c) No deduction is available under division (A)(21)(a) of	124893
this section with regard to any depreciation allowed by section	124894
168(k) of the Internal Revenue Code and by the qualifying section	124895
179 depreciation expense amount to the extent that such	124896
depreciation resulted in or increased a federal net operating loss	124897
carryback or carryforward to a taxable year to which division	124898
(A)(20)(d) of this section does not apply.	124899

(22) Deduct, to the extent not otherwise deducted or excluded	124900
in computing federal or Ohio adjusted gross income for the taxable	124901
year, the amount the taxpayer received during the taxable year as	124902
reimbursement for life insurance premiums under section 5919.31 of	124903
the Revised Code.	124904

(23) Deduct, to the extent not otherwise deducted or excluded	124905
in computing federal or Ohio adjusted gross income for the taxable	124906
year, the amount the taxpayer received during the taxable year as	124907
a death benefit paid by the adjutant general under section 5919.33	124908
of the Revised Code.	124909

(24) Deduct, to the extent included in federal adjusted gross	124910
income and not otherwise allowable as a deduction or exclusion in	124911
computing federal or Ohio adjusted gross income for the taxable	124912
year, military pay and allowances received by the taxpayer during	124913
the taxable year for active duty service in the United States	124914
army, air force, navy, marine corps, or coast guard or reserve	124915
components thereof or the national guard. The deduction may not be	124916
claimed for military pay and allowances received by the taxpayer	124917
while the taxpayer is stationed in this state.	124918

(25) Deduct, to the extent not otherwise allowable as a	124919
deduction or exclusion in computing federal or Ohio adjusted gross	124920
income for the taxable year and not otherwise compensated for by	124921
any other source, the amount of qualified organ donation expenses	124922
incurred by the taxpayer during the taxable year, not to exceed	124923
ten thousand dollars. A taxpayer may deduct qualified organ	124924
donation expenses only once for all taxable years beginning with	124925
taxable years beginning in 2007.	124926

For the purposes of division (A)(25) of this section:

124927

(a) "Human organ" means all or any portion of a human liver,	124928
pancreas, kidney, intestine, or lung, and any portion of human	124929
bone marrow.	124930

(b) "Qualified organ donation expenses" means travel	124931
expenses, lodging expenses, and wages and salary forgone by a	124932
taxpayer in connection with the taxpayer's donation, while living,	124933
of one or more of the taxpayer's human organs to another human	124934
being.	124935

(26) Deduct, to the extent not otherwise deducted or excluded	124936
in computing federal or Ohio adjusted gross income for the taxable	124937
year, amounts received by the taxpayer as retired military	124938
personnel pay for service in the United States army, navy, air	124939
force, coast guard, or marine corps or reserve components thereof,	124940
or the national guard, or received by the surviving spouse or	124941
former spouse of such a taxpayer under the survivor benefit plan	124942
on account of such a taxpayer's death. If the taxpayer receives	124943
income on account of retirement paid under the federal civil	124944
service retirement system or federal employees retirement system,	124945
or under any successor retirement program enacted by the congress	124946
of the United States that is established and maintained for	124947
retired employees of the United States government, and such	124948
retirement income is based, in whole or in part, on credit for the	124949
taxpayer's military service, the deduction allowed under this	124950
division shall include only that portion of such retirement income	124951
that is attributable to the taxpayer's military service, to the	124952
extent that portion of such retirement income is otherwise	124953
included in federal adjusted gross income and is not otherwise	124954
deducted under this section. Any amount deducted under division	124955
(A)(26) of this section is not included in a taxpayer's adjusted	124956
gross income for the purposes of section 5747.055 of the Revised	124957
Code. No amount may be deducted under division (A)(26) of this	124958
section on the basis of which a credit was claimed under section	124959
5747.055 of the Revised Code.	124960

(27) Deduct, to the extent not otherwise deducted or excluded	124961
in computing federal or Ohio adjusted gross income for the taxable	124962
year, the amount the taxpayer received during the taxable year	124963
from the military injury relief fund created in section 5101.98 of	124964
the Revised Code.	124965

(28) Deduct, to the extent not otherwise deducted or excluded	124966
in computing federal or Ohio adjusted gross income for the taxable	124967
year, the amount the taxpayer received as a veterans bonus during	124968
the taxable year from the Ohio department of veterans services as	124969
authorized by Section 2r of Article VIII, Ohio Constitution.	124970

(29) Deduct, to the extent not otherwise deducted or excluded	124971
in computing federal or Ohio adjusted gross income for the taxable	124972
year, any loss from wagering transactions that is allowed as an	124973
itemized deduction under section 165 of the Internal Revenue Code	124974
and that the taxpayer deducted in computing federal taxable	124975
income.	124976

(30) Deduct, to the extent not otherwise deducted or excluded	124977
in computing federal or Ohio adjusted gross income for the taxable	124978
year, any income derived from providing public services under a	124979
contract through a project owned by the state, as described in	124980
section 126.604 of the Revised Code or derived from a transfer	124981
agreement or from the enterprise transferred under that agreement	124982
under section 4313.02 of the Revised Code.	124983

(B) "Business income" means income, including gain or loss,	124984
arising from transactions, activities, and sources in the regular	124985
course of a trade or business and includes income, gain, or loss	124986
from real property, tangible property, and intangible property if	124987
the acquisition, rental, management, and disposition of the	124988
property constitute integral parts of the regular course of a	124989
trade or business operation. "Business income" includes income,	124990
including gain or loss, from a partial or complete liquidation of	124991
a business, including, but not limited to, gain or loss from the	124992
sale or other disposition of goodwill.	124993

(C) "Nonbusiness income" means all income other than business	124994
income and may include, but is not limited to, compensation, rents	124995
and royalties from real or tangible personal property, capital	124996
gains, interest, dividends and distributions, patent or copyright	124997
royalties, or lottery winnings, prizes, and awards.	124998

(D) "Compensation" means any form of remuneration paid to an	124999
employee for personal services.	125000

(E) "Fiduciary" means a guardian, trustee, executor,	125001
administrator, receiver, conservator, or any other person acting	125002
in any fiduciary capacity for any individual, trust, or estate.	125003

(F) "Fiscal year" means an accounting period of twelve months	125004
ending on the last day of any month other than December.	125005

(G) "Individual" means any natural person.

125006

(H) "Internal Revenue Code" means the "Internal Revenue Code	125007
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	125008

(I) "Resident" means any of the following, provided that	125009
division (I)(3) of this section applies only to taxable years of a	125010
trust beginning in 2002 or thereafter:	125011

(1) An individual who is domiciled in this state, subject to	125012
section 5747.24 of the Revised Code;	125013

(2) The estate of a decedent who at the time of death was	125014
domiciled in this state. The domicile tests of section 5747.24 of	125015
the Revised Code are not controlling for purposes of division	125016
(I)(2) of this section.	125017

(3) A trust that, in whole or part, resides in this state. If	125018
only part of a trust resides in this state, the trust is a	125019
resident only with respect to that part.	125020

For the purposes of division (I)(3) of this section:

125021

(a) A trust resides in this state for the trust's current	125022
taxable year to the extent, as described in division (I)(3)(d) of	125023
this section, that the trust consists directly or indirectly, in	125024
whole or in part, of assets, net of any related liabilities, that	125025
were transferred, or caused to be transferred, directly or	125026
indirectly, to the trust by any of the following:	125027

(i) A person, a court, or a governmental entity or	125028
instrumentality on account of the death of a decedent, but only if	125029
the trust is described in division (I)(3)(e)(i) or (ii) of this	125030
section;	125031

(ii) A person who was domiciled in this state for the	125032
purposes of this chapter when the person directly or indirectly	125033
transferred assets to an irrevocable trust, but only if at least	125034
one of the trust's qualifying beneficiaries is domiciled in this	125035
state for the purposes of this chapter during all or some portion	125036
of the trust's current taxable year;	125037

(iii) A person who was domiciled in this state for the	125038
purposes of this chapter when the trust document or instrument or	125039
part of the trust document or instrument became irrevocable, but	125040
only if at least one of the trust's qualifying beneficiaries is a	125041
resident domiciled in this state for the purposes of this chapter	125042
during all or some portion of the trust's current taxable year. If	125043
a trust document or instrument became irrevocable upon the death	125044
of a person who at the time of death was domiciled in this state	125045
for purposes of this chapter, that person is a person described in	125046
division (I)(3)(a)(iii) of this section.	125047

(b) A trust is irrevocable to the extent that the transferor	125048
is not considered to be the owner of the net assets of the trust	125049
under sections 671 to 678 of the Internal Revenue Code.	125050

(c) With respect to a trust other than a charitable lead	125051
trust, "qualifying beneficiary" has the same meaning as "potential	125052
current beneficiary" as defined in section 1361(e)(2) of the	125053
Internal Revenue Code, and with respect to a charitable lead trust	125054
"qualifying beneficiary" is any current, future, or contingent	125055
beneficiary, but with respect to any trust "qualifying	125056
beneficiary" excludes a person or a governmental entity or	125057
instrumentality to any of which a contribution would qualify for	125058
the charitable deduction under section 170 of the Internal Revenue	125059
Code.	125060

(d) For the purposes of division (I)(3)(a) of this section,	125061
the extent to which a trust consists directly or indirectly, in	125062
whole or in part, of assets, net of any related liabilities, that	125063
were transferred directly or indirectly, in whole or part, to the	125064
trust by any of the sources enumerated in that division shall be	125065
ascertained by multiplying the fair market value of the trust's	125066
assets, net of related liabilities, by the qualifying ratio, which	125067
shall be computed as follows:	125068

(i) The first time the trust receives assets, the numerator	125069
of the qualifying ratio is the fair market value of those assets	125070
at that time, net of any related liabilities, from sources	125071
enumerated in division (I)(3)(a) of this section. The denominator	125072
of the qualifying ratio is the fair market value of all the	125073
trust's assets at that time, net of any related liabilities.	125074

(ii) Each subsequent time the trust receives assets, a	125075
revised qualifying ratio shall be computed. The numerator of the	125076
revised qualifying ratio is the sum of (1) the fair market value	125077
of the trust's assets immediately prior to the subsequent	125078
transfer, net of any related liabilities, multiplied by the	125079
qualifying ratio last computed without regard to the subsequent	125080
transfer, and (2) the fair market value of the subsequently	125081
transferred assets at the time transferred, net of any related	125082
liabilities, from sources enumerated in division (I)(3)(a) of this	125083
section. The denominator of the revised qualifying ratio is the	125084
fair market value of all the trust's assets immediately after the	125085
subsequent transfer, net of any related liabilities.	125086

(iii) Whether a transfer to the trust is by or from any of	125087
the sources enumerated in division (I)(3)(a) of this section shall	125088
be ascertained without regard to the domicile of the trust's	125089
beneficiaries.	125090

(e) For the purposes of division (I)(3)(a)(i) of this	125091
section:	125092

(i) A trust is described in division (I)(3)(e)(i) of this	125093
section if the trust is a testamentary trust and the testator of	125094
that testamentary trust was domiciled in this state at the time of	125095
the testator's death for purposes of the taxes levied under	125096
Chapter 5731. of the Revised Code.	125097

(ii) A trust is described in division (I)(3)(e)(ii) of this	125098
section if the transfer is a qualifying transfer described in any	125099
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	125100
irrevocable inter vivos trust, and at least one of the trust's	125101
qualifying beneficiaries is domiciled in this state for purposes	125102
of this chapter during all or some portion of the trust's current	125103
taxable year.	125104

(f) For the purposes of division (I)(3)(e)(ii) of this	125105
section, a "qualifying transfer" is a transfer of assets, net of	125106
any related liabilities, directly or indirectly to a trust, if the	125107
transfer is described in any of the following:	125108

(i) The transfer is made to a trust, created by the decedent	125109
before the decedent's death and while the decedent was domiciled	125110
in this state for the purposes of this chapter, and, prior to the	125111
death of the decedent, the trust became irrevocable while the	125112
decedent was domiciled in this state for the purposes of this	125113
chapter.	125114

(ii) The transfer is made to a trust to which the decedent,	125115
prior to the decedent's death, had directly or indirectly	125116
transferred assets, net of any related liabilities, while the	125117
decedent was domiciled in this state for the purposes of this	125118
chapter, and prior to the death of the decedent the trust became	125119
irrevocable while the decedent was domiciled in this state for the	125120
purposes of this chapter.	125121

(iii) The transfer is made on account of a contractual	125122
relationship existing directly or indirectly between the	125123
transferor and either the decedent or the estate of the decedent	125124
at any time prior to the date of the decedent's death, and the	125125
decedent was domiciled in this state at the time of death for	125126
purposes of the taxes levied under Chapter 5731. of the Revised	125127
Code.	125128

(iv) The transfer is made to a trust on account of a	125129
contractual relationship existing directly or indirectly between	125130
the transferor and another person who at the time of the	125131
decedent's death was domiciled in this state for purposes of this	125132
chapter.	125133

(v) The transfer is made to a trust on account of the will of	125134
a testator who was domiciled in this state at the time of the	125135
testator's death for purposes of the taxes levied under Chapter	125136
5731. of the Revised Code.	125137

(vi) The transfer is made to a trust created by or caused to	125138
be created by a court, and the trust was directly or indirectly	125139
created in connection with or as a result of the death of an	125140
individual who, for purposes of the taxes levied under Chapter	125141
5731. of the Revised Code, was domiciled in this state at the time	125142
of the individual's death.	125143

(g) The tax commissioner may adopt rules to ascertain the	125144
part of a trust residing in this state.	125145

(J) "Nonresident" means an individual or estate that is not a	125146
resident. An individual who is a resident for only part of a	125147
taxable year is a nonresident for the remainder of that taxable	125148
year.	125149

(K) "Pass-through entity" has the same meaning as in section	125150
5733.04 of the Revised Code.	125151

(L) "Return" means the notifications and reports required to	125152
be filed pursuant to this chapter for the purpose of reporting the	125153
tax due and includes declarations of estimated tax when so	125154
required.	125155

(M) "Taxable year" means the calendar year or the taxpayer's	125156
fiscal year ending during the calendar year, or fractional part	125157
thereof, upon which the adjusted gross income is calculated	125158
pursuant to this chapter.	125159

(N) "Taxpayer" means any person subject to the tax imposed by	125160
section 5747.02 of the Revised Code or any pass-through entity	125161
that makes the election under division (D) of section 5747.08 of	125162
the Revised Code.	125163

(O) "Dependents" means dependents as defined in the Internal	125164
Revenue Code and as claimed in the taxpayer's federal income tax	125165
return for the taxable year or which the taxpayer would have been	125166
permitted to claim had the taxpayer filed a federal income tax	125167
return.	125168

(P) "Principal county of employment" means, in the case of a	125169
nonresident, the county within the state in which a taxpayer	125170
performs services for an employer or, if those services are	125171
performed in more than one county, the county in which the major	125172
portion of the services are performed.	125173

(Q) As used in sections 5747.50 to 5747.55 of the Revised	125174
Code:	125175

(1) "Subdivision" means any county, municipal corporation,	125176
park district, or township.	125177

(2) "Essential local government purposes" includes all	125178
functions that any subdivision is required by general law to	125179
exercise, including like functions that are exercised under a	125180
charter adopted pursuant to the Ohio Constitution.	125181

(R) "Overpayment" means any amount already paid that exceeds	125182
the figure determined to be the correct amount of the tax.	125183

(S) "Taxable income" or "Ohio taxable income" applies only to	125184
estates and trusts, and means federal taxable income, as defined	125185
and used in the Internal Revenue Code, adjusted as follows:	125186

(1) Add interest or dividends, net of ordinary, necessary,	125187
and reasonable expenses not deducted in computing federal taxable	125188
income, on obligations or securities of any state or of any	125189
political subdivision or authority of any state, other than this	125190
state and its subdivisions and authorities, but only to the extent	125191
that such net amount is not otherwise includible in Ohio taxable	125192
income and is described in either division (S)(1)(a) or (b) of	125193
this section:	125194

(a) The net amount is not attributable to the S portion of an	125195
electing small business trust and has not been distributed to	125196
beneficiaries for the taxable year;	125197

(b) The net amount is attributable to the S portion of an	125198
electing small business trust for the taxable year.	125199

(2) Add interest or dividends, net of ordinary, necessary,	125200
and reasonable expenses not deducted in computing federal taxable	125201
income, on obligations of any authority, commission,	125202
instrumentality, territory, or possession of the United States to	125203
the extent that the interest or dividends are exempt from federal	125204
income taxes but not from state income taxes, but only to the	125205
extent that such net amount is not otherwise includible in Ohio	125206
taxable income and is described in either division (S)(1)(a) or	125207
(b) of this section;	125208

(3) Add the amount of personal exemption allowed to the	125209
estate pursuant to section 642(b) of the Internal Revenue Code;	125210

(4) Deduct interest or dividends, net of related expenses	125211
deducted in computing federal taxable income, on obligations of	125212
the United States and its territories and possessions or of any	125213
authority, commission, or instrumentality of the United States to	125214
the extent that the interest or dividends are exempt from state	125215
taxes under the laws of the United States, but only to the extent	125216
that such amount is included in federal taxable income and is	125217
described in either division (S)(1)(a) or (b) of this section;	125218

(5) Deduct the amount of wages and salaries, if any, not	125219
otherwise allowable as a deduction but that would have been	125220
allowable as a deduction in computing federal taxable income for	125221
the taxable year, had the targeted jobs credit allowed under	125222
sections 38, 51, and 52 of the Internal Revenue Code not been in	125223
effect, but only to the extent such amount relates either to	125224
income included in federal taxable income for the taxable year or	125225
to income of the S portion of an electing small business trust for	125226
the taxable year;	125227

(6) Deduct any interest or interest equivalent, net of	125228
related expenses deducted in computing federal taxable income, on	125229
public obligations and purchase obligations, but only to the	125230
extent that such net amount relates either to income included in	125231
federal taxable income for the taxable year or to income of the S	125232
portion of an electing small business trust for the taxable year;	125233

(7) Add any loss or deduct any gain resulting from sale,	125234
exchange, or other disposition of public obligations to the extent	125235
that such loss has been deducted or such gain has been included in	125236
computing either federal taxable income or income of the S portion	125237
of an electing small business trust for the taxable year;	125238

(8) Except in the case of the final return of an estate, add	125239
any amount deducted by the taxpayer on both its Ohio estate tax	125240
return pursuant to section 5731.14 of the Revised Code, and on its	125241
federal income tax return in determining federal taxable income;	125242

(9)(a) Deduct any amount included in federal taxable income	125243
solely because the amount represents a reimbursement or refund of	125244
expenses that in a previous year the decedent had deducted as an	125245
itemized deduction pursuant to section 63 of the Internal Revenue	125246
Code and applicable treasury regulations. The deduction otherwise	125247
allowed under division (S)(9)(a) of this section shall be reduced	125248
to the extent the reimbursement is attributable to an amount the	125249
taxpayer or decedent deducted under this section in any taxable	125250
year.	125251

(b) Add any amount not otherwise included in Ohio taxable	125252
income for any taxable year to the extent that the amount is	125253
attributable to the recovery during the taxable year of any amount	125254
deducted or excluded in computing federal or Ohio taxable income	125255
in any taxable year, but only to the extent such amount has not	125256
been distributed to beneficiaries for the taxable year.	125257

(10) Deduct any portion of the deduction described in section	125258
1341(a)(2) of the Internal Revenue Code, for repaying previously	125259
reported income received under a claim of right, that meets both	125260
of the following requirements:	125261

(a) It is allowable for repayment of an item that was	125262
included in the taxpayer's taxable income or the decedent's	125263
adjusted gross income for a prior taxable year and did not qualify	125264
for a credit under division (A) or (B) of section 5747.05 of the	125265
Revised Code for that year.	125266

(b) It does not otherwise reduce the taxpayer's taxable	125267
income or the decedent's adjusted gross income for the current or	125268
any other taxable year.	125269

(11) Add any amount claimed as a credit under section	125270
5747.059 of the Revised Code to the extent that the amount	125271
satisfies either of the following:	125272

(a) The amount was deducted or excluded from the computation	125273
of the taxpayer's federal taxable income as required to be	125274
reported for the taxpayer's taxable year under the Internal	125275
Revenue Code;	125276

(b) The amount resulted in a reduction in the taxpayer's	125277
federal taxable income as required to be reported for any of the	125278
taxpayer's taxable years under the Internal Revenue Code.	125279

(12) Deduct any amount, net of related expenses deducted in	125280
computing federal taxable income, that a trust is required to	125281
report as farm income on its federal income tax return, but only	125282
if the assets of the trust include at least ten acres of land	125283
satisfying the definition of "land devoted exclusively to	125284
agricultural use" under section 5713.30 of the Revised Code,	125285
regardless of whether the land is valued for tax purposes as such	125286
land under sections 5713.30 to 5713.38 of the Revised Code. If the	125287
trust is a pass-through entity investor, section 5747.231 of the	125288
Revised Code applies in ascertaining if the trust is eligible to	125289
claim the deduction provided by division (S)(12) of this section	125290
in connection with the pass-through entity's farm income.	125291

Except for farm income attributable to the S portion of an	125292
electing small business trust, the deduction provided by division	125293
(S)(12) of this section is allowed only to the extent that the	125294
trust has not distributed such farm income. Division (S)(12) of	125295
this section applies only to taxable years of a trust beginning in	125296
2002 or thereafter.	125297

(13) Add the net amount of income described in section 641(c)	125298
of the Internal Revenue Code to the extent that amount is not	125299
included in federal taxable income.	125300

(14) Add or deduct the amount the taxpayer would be required	125301
to add or deduct under division (A)(20) or (21) of this section if	125302
the taxpayer's Ohio taxable income were computed in the same	125303
manner as an individual's Ohio adjusted gross income is computed	125304
under this section. In the case of a trust, division (S)(14) of	125305
this section applies only to any of the trust's taxable years	125306
beginning in 2002 or thereafter.	125307

(T) "School district income" and "school district income tax"	125308
have the same meanings as in section 5748.01 of the Revised Code.	125309

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	125310
of this section, "public obligations," "purchase obligations," and	125311
"interest or interest equivalent" have the same meanings as in	125312
section 5709.76 of the Revised Code.	125313

(V) "Limited liability company" means any limited liability	125314
company formed under Chapter 1705. of the Revised Code or under	125315
the laws of any other state.	125316

(W) "Pass-through entity investor" means any person who,	125317
during any portion of a taxable year of a pass-through entity, is	125318
a partner, member, shareholder, or equity investor in that	125319
pass-through entity.	125320

(X) "Banking day" has the same meaning as in section 1304.01	125321
of the Revised Code.	125322

(Y) "Month" means a calendar month.

125323

(Z) "Quarter" means the first three months, the second three	125324
months, the third three months, or the last three months of the	125325
taxpayer's taxable year.	125326

(AA)(1) "Eligible institution" means a state university or	125327
state institution of higher education as defined in section	125328
3345.011 of the Revised Code, or a private, nonprofit college,	125329
university, or other post-secondary institution located in this	125330
state that possesses a certificate of authorization issued by the	125331
Ohio board of regents pursuant to Chapter 1713. of the Revised	125332
Code or a certificate of registration issued by the state board of	125333
career colleges and schools under Chapter 3332. of the Revised	125334
Code.	125335

(2) "Qualified tuition and fees" means tuition and fees	125336
imposed by an eligible institution as a condition of enrollment or	125337
attendance, not exceeding two thousand five hundred dollars in	125338
each of the individual's first two years of post-secondary	125339
education. If the individual is a part-time student, "qualified	125340
tuition and fees" includes tuition and fees paid for the academic	125341
equivalent of the first two years of post-secondary education	125342
during a maximum of five taxable years, not exceeding a total of	125343
five thousand dollars. "Qualified tuition and fees" does not	125344
include:	125345

(a) Expenses for any course or activity involving sports,	125346
games, or hobbies unless the course or activity is part of the	125347
individual's degree or diploma program;	125348

(b) The cost of books, room and board, student activity fees,	125349
athletic fees, insurance expenses, or other expenses unrelated to	125350
the individual's academic course of instruction;	125351

(c) Tuition, fees, or other expenses paid or reimbursed	125352
through an employer, scholarship, grant in aid, or other	125353
educational benefit program.	125354

(BB)(1) "Modified business income" means the business income	125355
included in a trust's Ohio taxable income after such taxable	125356
income is first reduced by the qualifying trust amount, if any.	125357

(2) "Qualifying trust amount" of a trust means capital gains	125358
and losses from the sale, exchange, or other disposition of equity	125359
or ownership interests in, or debt obligations of, a qualifying	125360
investee to the extent included in the trust's Ohio taxable	125361
income, but only if the following requirements are satisfied:	125362

(a) The book value of the qualifying investee's physical	125363
assets in this state and everywhere, as of the last day of the	125364
qualifying investee's fiscal or calendar year ending immediately	125365
prior to the date on which the trust recognizes the gain or loss,	125366
is available to the trust.	125367

(b) The requirements of section 5747.011 of the Revised Code	125368
are satisfied for the trust's taxable year in which the trust	125369
recognizes the gain or loss.	125370

Any gain or loss that is not a qualifying trust amount is	125371
modified business income, qualifying investment income, or	125372
modified nonbusiness income, as the case may be.	125373

(3) "Modified nonbusiness income" means a trust's Ohio	125374
taxable income other than modified business income, other than the	125375
qualifying trust amount, and other than qualifying investment	125376
income, as defined in section 5747.012 of the Revised Code, to the	125377
extent such qualifying investment income is not otherwise part of	125378
modified business income.	125379

(4) "Modified Ohio taxable income" applies only to trusts,	125380
and means the sum of the amounts described in divisions (BB)(4)(a)	125381
to (c) of this section:	125382

(a) The fraction, calculated under section 5747.013, and	125383
applying section 5747.231 of the Revised Code, multiplied by the	125384
sum of the following amounts:	125385

(i) The trust's modified business income;

125386

(ii) The trust's qualifying investment income, as defined in	125387
section 5747.012 of the Revised Code, but only to the extent the	125388
qualifying investment income does not otherwise constitute	125389
modified business income and does not otherwise constitute a	125390
qualifying trust amount.	125391

(b) The qualifying trust amount multiplied by a fraction, the	125392
numerator of which is the sum of the book value of the qualifying	125393
investee's physical assets in this state on the last day of the	125394
qualifying investee's fiscal or calendar year ending immediately	125395
prior to the day on which the trust recognizes the qualifying	125396
trust amount, and the denominator of which is the sum of the book	125397
value of the qualifying investee's total physical assets	125398
everywhere on the last day of the qualifying investee's fiscal or	125399
calendar year ending immediately prior to the day on which the	125400
trust recognizes the qualifying trust amount. If, for a taxable	125401
year, the trust recognizes a qualifying trust amount with respect	125402
to more than one qualifying investee, the amount described in	125403
division (BB)(4)(b) of this section shall equal the sum of the	125404
products so computed for each such qualifying investee.	125405

(c)(i) With respect to a trust or portion of a trust that is	125406
a resident as ascertained in accordance with division (I)(3)(d) of	125407
this section, its modified nonbusiness income.	125408

(ii) With respect to a trust or portion of a trust that is	125409
not a resident as ascertained in accordance with division	125410
(I)(3)(d) of this section, the amount of its modified nonbusiness	125411
income satisfying the descriptions in divisions (B)(2) to (5) of	125412
section 5747.20 of the Revised Code, except as otherwise provided	125413
in division (BB)(4)(c)(ii) of this section. With respect to a	125414
trust or portion of a trust that is not a resident as ascertained	125415
in accordance with division (I)(3)(d) of this section, the trust's	125416
portion of modified nonbusiness income recognized from the sale,	125417
exchange, or other disposition of a debt interest in or equity	125418
interest in a section 5747.212 entity, as defined in section	125419
5747.212 of the Revised Code, without regard to division (A) of	125420
that section, shall not be allocated to this state in accordance	125421
with section 5747.20 of the Revised Code but shall be apportioned	125422
to this state in accordance with division (B) of section 5747.212	125423
of the Revised Code without regard to division (A) of that	125424
section.	125425

If the allocation and apportionment of a trust's income under	125426
divisions (BB)(4)(a) and (c) of this section do not fairly	125427
represent the modified Ohio taxable income of the trust in this	125428
state, the alternative methods described in division (C) of	125429
section 5747.21 of the Revised Code may be applied in the manner	125430
and to the same extent provided in that section.	125431

(5)(a) Except as set forth in division (BB)(5)(b) of this	125432
section, "qualifying investee" means a person in which a trust has	125433
an equity or ownership interest, or a person or unit of government	125434
the debt obligations of either of which are owned by a trust. For	125435
the purposes of division (BB)(2)(a) of this section and for the	125436
purpose of computing the fraction described in division (BB)(4)(b)	125437
of this section, all of the following apply:	125438

(i) If the qualifying investee is a member of a qualifying	125439
controlled group on the last day of the qualifying investee's	125440
fiscal or calendar year ending immediately prior to the date on	125441
which the trust recognizes the gain or loss, then "qualifying	125442
investee" includes all persons in the qualifying controlled group	125443
on such last day.	125444

(ii) If the qualifying investee, or if the qualifying	125445
investee and any members of the qualifying controlled group of	125446
which the qualifying investee is a member on the last day of the	125447
qualifying investee's fiscal or calendar year ending immediately	125448
prior to the date on which the trust recognizes the gain or loss,	125449
separately or cumulatively own, directly or indirectly, on the	125450
last day of the qualifying investee's fiscal or calendar year	125451
ending immediately prior to the date on which the trust recognizes	125452
the qualifying trust amount, more than fifty per cent of the	125453
equity of a pass-through entity, then the qualifying investee and	125454
the other members are deemed to own the proportionate share of the	125455
pass-through entity's physical assets which the pass-through	125456
entity directly or indirectly owns on the last day of the	125457
pass-through entity's calendar or fiscal year ending within or	125458
with the last day of the qualifying investee's fiscal or calendar	125459
year ending immediately prior to the date on which the trust	125460
recognizes the qualifying trust amount.	125461

(iii) For the purposes of division (BB)(5)(a)(iii) of this	125462
section, "upper level pass-through entity" means a pass-through	125463
entity directly or indirectly owning any equity of another	125464
pass-through entity, and "lower level pass-through entity" means	125465
that other pass-through entity.	125466

An upper level pass-through entity, whether or not it is also	125467
a qualifying investee, is deemed to own, on the last day of the	125468
upper level pass-through entity's calendar or fiscal year, the	125469
proportionate share of the lower level pass-through entity's	125470
physical assets that the lower level pass-through entity directly	125471
or indirectly owns on the last day of the lower level pass-through	125472
entity's calendar or fiscal year ending within or with the last	125473
day of the upper level pass-through entity's fiscal or calendar	125474
year. If the upper level pass-through entity directly and	125475
indirectly owns less than fifty per cent of the equity of the	125476
lower level pass-through entity on each day of the upper level	125477
pass-through entity's calendar or fiscal year in which or with	125478
which ends the calendar or fiscal year of the lower level	125479
pass-through entity and if, based upon clear and convincing	125480
evidence, complete information about the location and cost of the	125481
physical assets of the lower pass-through entity is not available	125482
to the upper level pass-through entity, then solely for purposes	125483
of ascertaining if a gain or loss constitutes a qualifying trust	125484
amount, the upper level pass-through entity shall be deemed as	125485
owning no equity of the lower level pass-through entity for each	125486
day during the upper level pass-through entity's calendar or	125487
fiscal year in which or with which ends the lower level	125488
pass-through entity's calendar or fiscal year. Nothing in division	125489
(BB)(5)(a)(iii) of this section shall be construed to provide for	125490
any deduction or exclusion in computing any trust's Ohio taxable	125491
income.	125492

(b) With respect to a trust that is not a resident for the	125493
taxable year and with respect to a part of a trust that is not a	125494
resident for the taxable year, "qualifying investee" for that	125495
taxable year does not include a C corporation if both of the	125496
following apply:	125497

(i) During the taxable year the trust or part of the trust	125498
recognizes a gain or loss from the sale, exchange, or other	125499
disposition of equity or ownership interests in, or debt	125500
obligations of, the C corporation.	125501

(ii) Such gain or loss constitutes nonbusiness income.

125502

(6) "Available" means information is such that a person is	125503
able to learn of the information by the due date plus extensions,	125504
if any, for filing the return for the taxable year in which the	125505
trust recognizes the gain or loss.	125506

(CC) "Qualifying controlled group" has the same meaning as in	125507
section 5733.04 of the Revised Code.	125508

(DD) "Related member" has the same meaning as in section	125509
5733.042 of the Revised Code.	125510

(EE)(1) For the purposes of division (EE) of this section:

125511

(a) "Qualifying person" means any person other than a	125512
qualifying corporation.	125513

(b) "Qualifying corporation" means any person classified for	125514
federal income tax purposes as an association taxable as a	125515
corporation, except either of the following:	125516

(i) A corporation that has made an election under subchapter	125517
S, chapter one, subtitle A, of the Internal Revenue Code for its	125518
taxable year ending within, or on the last day of, the investor's	125519
taxable year;	125520

(ii) A subsidiary that is wholly owned by any corporation	125521
that has made an election under subchapter S, chapter one,	125522
subtitle A of the Internal Revenue Code for its taxable year	125523
ending within, or on the last day of, the investor's taxable year.	125524

(2) For the purposes of this chapter, unless expressly stated	125525
otherwise, no qualifying person indirectly owns any asset directly	125526
or indirectly owned by any qualifying corporation.	125527

(FF) For purposes of this chapter and Chapter 5751. of the	125528
Revised Code:	125529

(1) "Trust" does not include a qualified pre-income tax	125530
trust.	125531

(2) A "qualified pre-income tax trust" is any pre-income tax	125532
trust that makes a qualifying pre-income tax trust election as	125533
described in division (FF)(3) of this section.	125534

(3) A "qualifying pre-income tax trust election" is an	125535
election by a pre-income tax trust to subject to the tax imposed	125536
by section 5751.02 of the Revised Code the pre-income tax trust	125537
and all pass-through entities of which the trust owns or controls,	125538
directly, indirectly, or constructively through related interests,	125539
five per cent or more of the ownership or equity interests. The	125540
trustee shall notify the tax commissioner in writing of the	125541
election on or before April 15, 2006. The election, if timely	125542
made, shall be effective on and after January 1, 2006, and shall	125543
apply for all tax periods and tax years until revoked by the	125544
trustee of the trust.	125545

(4) A "pre-income tax trust" is a trust that satisfies all of	125546
the following requirements:	125547

(a) The document or instrument creating the trust was	125548
executed by the grantor before January 1, 1972;	125549

(b) The trust became irrevocable upon the creation of the	125550
trust; and	125551

(c) The grantor was domiciled in this state at the time the	125552
trust was created.	125553

Sec. 5747.058. (A) A refundable income tax credit granted by	125554
the tax credit authority under section 122.17 or division (B)(2)	125555
or (3) of section 122.171 of the Revised Code may be claimed under	125556
this chapter, in the order required under section 5747.98 of the	125557
Revised Code. For purposes of making tax payments under this	125558
chapter, taxes equal to the amount of the refundable credit shall	125559
be considered to be paid to this state on the first day of the	125560
taxable year. The refundable credit shall not be claimed for any	125561
taxable years ending with or following the calendar year in which	125562
a relocation of employment positions occurs in violation of an	125563
agreement entered into under section 122.171 of the Revised Code.	125564

(B) A nonrefundable income tax credit granted by the tax	125565
credit authority under division (B)(1) of section 122.171 of the	125566
Revised Code may be claimed under this chapter, in the order	125567
required under section 5747.98 of the Revised Code.	125568

Sec. 5747.113. (A) Any taxpayer claiming a refund under	125569
section 5747.11 of the Revised Code ~~for taxable years ending on or~~	125570
~~after October 14, 1983,~~ who wishes to contribute any part of the	125571
taxpayer's refund to the natural areas and preserves fund created	125572
in section 1517.11 of the Revised Code, the nongame and endangered	125573
wildlife fund created in section 1531.26 of the Revised Code, the	125574
military injury relief fund created in section 5101.98 of the	125575
Revised Code, the Ohio historical society income tax contribution	125576
fund created in section 149.308 of the Revised Code, or all of	125577
those funds, may designate on the taxpayer's income tax return the	125578
amount that the taxpayer wishes to contribute to the fund or	125579
funds. A designated contribution is irrevocable upon the filing of	125580
the return and shall be made in the full amount designated if the	125581
refund found due the taxpayer upon the initial processing of the	125582
taxpayer's return, after any deductions including those required	125583
by section 5747.12 of the Revised Code, is greater than or equal	125584
to the designated contribution. If the refund due as initially	125585
determined is less than the designated contribution, the	125586
contribution shall be made in the full amount of the refund. The	125587
tax commissioner shall subtract the amount of the contribution	125588
from the amount of the refund initially found due the taxpayer and	125589
shall certify the difference to the director of budget and	125590
management and treasurer of state for payment to the taxpayer in	125591
accordance with section 5747.11 of the Revised Code. For the	125592
purpose of any subsequent determination of the taxpayer's net tax	125593
payment, the contribution shall be considered a part of the refund	125594
paid to the taxpayer.	125595

(B) The tax commissioner shall provide a space on the income	125596
tax return form in which a taxpayer may indicate that the taxpayer	125597
wishes to make a donation in accordance with this section. The tax	125598
commissioner shall also print in the instructions accompanying the	125599
income tax return form a description of the purposes for which the	125600
natural areas and preserves fund, the nongame and endangered	125601
wildlife fund, ~~and~~ the military injury relief fund, and the Ohio	125602
historical society income tax contribution fund were created and	125603
the use of moneys from the income tax refund contribution system	125604
established in this section. No person shall designate on the	125605
person's income tax return any part of a refund claimed under	125606
section 5747.11 of the Revised Code as a contribution to any fund	125607
other than the natural areas and preserves fund, the nongame and	125608
endangered wildlife fund, the military injury relief fund, or ~~all~~	125609
~~of those funds~~the Ohio historical society income tax contribution	125610
fund.	125611

(C) The money collected under the income tax refund	125612
contribution system established in this section shall be deposited	125613
by the tax commissioner into the natural areas and preserves fund,	125614
the nongame and endangered wildlife fund, ~~and~~ the military injury	125615
relief fund, and the Ohio historical society income tax	125616
contribution fund in the amounts designated on the tax returns.	125617

(D) No later than the thirtieth day of September each year,	125618
the tax commissioner shall determine the total amount contributed	125619
to each fund under this section during the preceding eight months,	125620
any adjustments to prior months, and the cost to the department of	125621
taxation of administering the income tax refund contribution	125622
system during that eight-month period. The commissioner shall make	125623
an additional determination no later than the thirty-first day of	125624
January of each year of the total amount contributed to each fund	125625
under this section during the preceding four calendar months, any	125626
adjustments to prior years made during that four-month period, and	125627
the cost to the department of taxation of administering the income	125628
tax contribution system during that period. The cost of	125629
administering the income tax contribution system shall be	125630
certified by the tax commissioner to the director of budget and	125631
management, who shall transfer an amount equal to ~~one-third~~	125632
one-fourth of such administrative costs from the natural areas and	125633
preserves fund, ~~one-third~~one-fourth of such costs from the	125634
nongame and endangered wildlife fund, ~~and one-third~~one-fourth of	125635
such costs from the military injury relief fund, and one-fourth of	125636
such costs from the Ohio historical society income tax	125637
contribution fund to the litter control and natural resource tax	125638
administration fund, which is hereby created, provided that the	125639
moneys that the department receives to pay the cost of	125640
administering the income tax refund contribution system in any	125641
year shall not exceed two and one-half per cent of the total	125642
amount contributed under that system during that year.	125643

(E)(1) The director of natural resources, in January of every	125644
odd-numbered year, shall report to the general assembly on the	125645
effectiveness of the income tax refund contribution system as it	125646
pertains to the natural areas and preserves fund and the nongame	125647
and endangered wildlife fund. The report shall include the amount	125648
of money contributed to each fund in each of the previous five	125649
years, the amount of money contributed directly to each fund in	125650
addition to or independently of the income tax refund contribution	125651
system in each of the previous five years, and the purposes for	125652
which the money was expended.	125653

(2) The director of job and family services and the director	125654
of the Ohio historical society, in January of every odd-numbered	125655
year, each shall report to the general assembly on the	125656
effectiveness of the income tax refund contribution system as it	125657
pertains to the military injury relief fund and the Ohio	125658
historical society income tax contribution fund, respectively. The	125659
report shall include the amount of money contributed to the fund	125660
in each of the previous five years, the amount of money	125661
contributed directly to the fund in addition to or independently	125662
of the income tax refund contribution system in each of the	125663
previous five years, and the purposes for which the money was	125664
expended.	125665

Sec. 5747.451. (A) The mere retirement from business or	125666
voluntary dissolution of a domestic or foreign qualifying entity	125667
does not exempt it from the requirements to make reports as	125668
required under sections 5747.42 to 5747.44 or to pay the taxes	125669
imposed under section 5733.41 or 5747.41 of the Revised Code. If	125670
any qualifying entity subject to the taxes imposed under section	125671
5733.41 or 5747.41 of the Revised Code sells its business or stock	125672
of merchandise or quits its business, the taxes required to be	125673
paid prior to that time, together with any interest or penalty	125674
thereon, become due and payable immediately, and the qualifying	125675
entity shall make a final return within fifteen days after the	125676
date of selling or quitting business. The successor of the	125677
qualifying entity shall withhold a sufficient amount of the	125678
purchase money to cover the amount of such taxes, interest, and	125679
penalties due and unpaid until the qualifying entity produces a	125680
receipt from the tax commissioner showing that the taxes,	125681
interest, and penalties have been paid, or a certificate	125682
indicating that no taxes are due. If the purchaser of the business	125683
or stock of goods fails to withhold purchase money, the purchaser	125684
is personally liable for the payment of the taxes, interest, and	125685
penalties accrued and unpaid during the operation of the business	125686
by the qualifying entity. If the amount of those taxes, interest,	125687
and penalty unpaid at the time of the purchase exceeds the total	125688
purchase money, the tax commissioner may adjust the qualifying	125689
entity's liability for those taxes, interest, and penalty, or	125690
adjust the responsibility of the purchaser to pay that liability,	125691
in a manner calculated to maximize the collection of those	125692
liabilities.	125693

(B) Annually, on the last day of each qualifying taxable year	125694
of a qualifying entity, the taxes imposed under section 5733.41 or	125695
5747.41 of the Revised Code, together with any penalties	125696
subsequently accruing thereon, become a lien on all property in	125697
this state of the qualifying entity, whether such property is	125698
employed by the qualifying entity in the prosecution of its	125699
business or is in the hands of an assignee, trustee, or receiver	125700
for the benefit of the qualifying entity's creditors and	125701
investors. The lien shall continue until those taxes, together	125702
with any penalties subsequently accruing, are paid.	125703

Upon failure of such a qualifying entity to pay those taxes	125704
on the day fixed for payment, the treasurer of state shall	125705
thereupon notify the tax commissioner, and the commissioner may	125706
file in the office of the county recorder in each county in this	125707
state in which the qualifying entity owns or has a beneficial	125708
interest in real estate, notice of the lien containing a brief	125709
description of such real estate. No fee shall be charged for such	125710
a filing. The lien is not valid as against any mortgagee,	125711
purchaser, or judgment creditor whose rights have attached prior	125712
to the time the notice is so filed in the county in which the real	125713
estate which is the subject of such mortgage, purchase, or	125714
judgment lien is located. The notice shall be recorded in a book	125715
kept by the recorder, called the qualifying entity tax lien	125716
record, and indexed under the name of the qualifying entity	125717
charged with the tax. When the tax, together with any penalties	125718
subsequently accruing thereon, have been paid, the tax	125719
commissioner shall furnish to the qualifying entity an	125720
acknowledgment of such payment that the qualifying entity may	125721
record with the recorder of each county in which notice of such	125722
lien has been filed, for which recording the recorder shall charge	125723
and receive a fee of two dollars.	125724

(C) In addition to all other remedies for the collection of	125725
any taxes or penalties due under law, whenever any taxes,	125726
interest, or penalties due from any qualifying entity under	125727
section 5733.41 of the Revised Code or this chapter have remained	125728
unpaid for a period of ninety days, or whenever any qualifying	125729
entity has failed for a period of ninety days to make any report	125730
or return required by law, or to pay any penalty for failure to	125731
make or file such report or return, the attorney general, upon the	125732
request of the tax commissioner, shall file a petition in the	125733
court of common pleas in the county of the state in which such	125734
qualifying entity has its principal place of business for a	125735
judgment for the amount of the taxes, interest, or penalties	125736
appearing to be due, the enforcement of any lien in favor of the	125737
state, and an injunction to restrain such qualifying entity and	125738
its officers, directors, and managing agents from the transaction	125739
of any business within this state, other than such acts as are	125740
incidental to liquidation or winding up, until the payment of such	125741
taxes, interest, and penalties, and the costs of the proceeding	125742
fixed by the court, or the making and filing of such report or	125743
return.	125744

The petition shall be in the name of the state. Any of the	125745
qualifying entities having its principal places of business in the	125746
county may be joined in one suit. On the motion of the attorney	125747
general, the court of common pleas shall enter an order requiring	125748
all defendants to answer by a day certain, and may appoint a	125749
special master commissioner to take testimony, with such other	125750
power and authority as the court confers, and permitting process	125751
to be served by registered mail and by publication in a newspaper	125752
of general circulation ~~published~~ in the county, which publication	125753
need not be made more than once, setting forth the name of each	125754
delinquent qualifying entity, the matter in which the qualifying	125755
entity is delinquent, the names of its officers, directors, and	125756
managing agents, if set forth in the petition, and the amount of	125757
any taxes, fees, or penalties claimed to be owing by the	125758
qualifying entity.	125759

All or any of the trustees or other fiduciaries, officers,	125760
directors, investors, beneficiaries, or managing agents of any	125761
qualifying entity may be joined as defendants with the qualifying	125762
entity.	125763

If it appears to the court upon hearing that any qualifying	125764
entity that is a party to the proceeding is indebted to the state	125765
for taxes imposed under section 5733.41 or 5747.41 of the Revised	125766
Code, or interest or penalties thereon, judgment shall be entered	125767
therefor with interest; and if it appears that any qualifying	125768
entity has failed to make or file any report or return, a	125769
mandatory injunction may be issued against the qualifying entity,	125770
its trustees or other fiduciaries, officers, directors, and	125771
managing agents, enjoining them from the transaction of any	125772
business within this state, other than acts incidental to	125773
liquidation or winding up, until the making and filing of all	125774
proper reports or returns and until the payment in full of all	125775
taxes, interest, and penalties.	125776

If the trustees or other fiduciaries, officers, directors,	125777
investors, beneficiaries, or managing agents of a qualifying	125778
entity are not made parties in the first instance, and a judgment	125779
or an injunction is rendered or issued against the qualifying	125780
entity, those officers, directors, investors, or managing agents	125781
may be made parties to such proceedings upon the motion of the	125782
attorney general, and, upon notice to them of the form and terms	125783
of such injunction, they shall be bound thereby as fully as if	125784
they had been made parties in the first instance.	125785

In any action authorized by this division, a statement of the	125786
tax commissioner, or the secretary of state, when duly certified,	125787
shall be prima-facie evidence of the amount of taxes, interest, or	125788
penalties due from any qualifying entity, or of the failure of any	125789
qualifying entity to file with the commissioner or the secretary	125790
of state any report required by law, and any such certificate of	125791
the commissioner or the secretary of state may be required in	125792
evidence in any such proceeding.	125793

On the application of any defendant and for good cause shown,	125794
the court may order a separate hearing of the issues as to any	125795
defendant.	125796

The costs of the proceeding shall be apportioned among the	125797
parties as the court deems proper.	125798

The court in such proceeding may make, enter, and enforce	125799
such other judgments and orders and grant such other relief as is	125800
necessary or incidental to the enforcement of the claims and lien	125801
of the state.	125802

In the performance of the duties enjoined upon the attorney	125803
general by this division, the attorney general may direct any	125804
prosecuting attorney to bring an action, as authorized by this	125805
division, in the name of the state with respect to any delinquent	125806
qualifying entities within the prosecuting attorney's county, and	125807
like proceedings and orders shall be had as if such action were	125808
instituted by the attorney general.	125809

(D) If any qualifying entity fails to make and file the	125810
reports or returns required under this chapter, or to pay the	125811
penalties provided by law for failure to make and file such	125812
reports or returns for a period of ninety days after the time	125813
prescribed by this chapter, the attorney general, on the request	125814
of the tax commissioner, shall commence an action in quo warranto	125815
in the court of appeals of the county in which that qualifying	125816
entity has its principal place of business to forfeit and annul	125817
its privileges and franchises. If the court is satisfied that any	125818
such qualifying entity is in default, it shall render judgment	125819
ousting such qualifying entity from the exercise of its privileges	125820
and franchises within this state, and shall otherwise proceed as	125821
provided in sections 2733.02 to 2733.39 of the Revised Code.	125822

Sec. 5747.46. As used in sections 5747.46 and 5747.47 of the	125823
Revised Code:	125824

(A) "Year's fund balance" means the amount credited to the	125825
public library fund during a calendar year.	125826

(B) "Distribution year" means the calendar year during which	125827
a year's fund balance is distributed under section 5747.47 of the	125828
Revised Code.	125829

(C) "CPI" means the consumer price index for all urban	125830
consumers (United States city average, all items), prepared by the	125831
United States department of labor, bureau of labor statistics.	125832

(D) "Inflation factor" means the quotient obtained by	125833
dividing the CPI for May of the year preceding the distribution	125834
year by the CPI for May of the second preceding year. If the	125835
quotient so obtained is less than one, the inflation factor shall	125836
equal one.	125837

(E) "Population" means whichever of the following has most	125838
recently been issued, as of the first day of June preceding the	125839
distribution year:	125840

(1) The most recent decennial census figures that include	125841
population figures for each county in the state;	125842

(2) The most current issue of "Current Population Reports:	125843
Local Population Estimates" issued by the United States bureau of	125844
the census that contains population estimates for each county in	125845
the state and the state.	125846

(F) "County's equalization ratio for a distribution year"	125847
means a percentage computed for that county as follows:	125848

(1) Square the per cent that the county's population is of	125849
the state's population;	125850

(2) Divide the product so obtained by the per cent that the	125851
county's total entitlement for the preceding year is of all	125852
counties' total entitlements for the preceding year;	125853

(3) Divide the quotient so obtained by the sum of the	125854
quotients so obtained for all counties.	125855

(G) "Total entitlement" means, with respect to a distribution	125856
year, the sum of a county's guaranteed share plus its share of the	125857
excess. For the 2012 distribution year, "total entitlement" equals	125858
the sum of payments made to a county public library fund during	125859
that year.	125860

(1) "Guaranteed share" means, for a distribution year, the	125861
product obtained by multiplying a county's total entitlement for	125862
the preceding distribution year by the ~~inflaction~~inflation	125863
factor. If the sum of the guaranteed shares for all counties	125864
exceeds the year's fund balance, the guaranteed shares of all	125865
counties shall be reduced by a percentage that will result in the	125866
sum of such guaranteed shares being equal to the year's fund	125867
balance.	125868

(2) "Share of excess" means, for a distribution year, the	125869
product obtained by multiplying a county's equalization ratio by	125870
the difference between the year's fund balance and the sum of the	125871
guaranteed shares for all counties. If the sum of the guaranteed	125872
shares for all counties exceeds the year's fund balance the share	125873
of the excess for all counties is zero.	125874

(H) "Net distribution" means the sum of the payments made to	125875
a county's public library fund during a distribution year,	125876
adjusted as follows:	125877

(1) If the county received an overpayment during the	125878
preceding distribution year, add the amount of the overpayment;	125879

(2) If the county received an underpayment during the	125880
preceding distribution year, deduct the amount of the	125881
underpayment.	125882

(I) "Overpayment" or "underpayment" for a distribution year	125883
means the amount by which the net distribution to a county's	125884
public library fund during that distribution year exceeded or was	125885
less than the county's total entitlement for that year.	125886

All computations made under this section shall be rounded to	125887
the nearest one-hundredth of one per cent.	125888

Sec. 5747.51. ~~(A)~~ On or before the twenty-fifth day of July	125889
of each year, the tax commissioner shall make and certify to the	125890
county auditor of each county an estimate of the amount of the	125891
local government fund to be allocated to the undivided local	125892
government fund of each county for the ensuing calendar year ~~and~~	125893
~~the estimated amount to be received by the undivided local~~	125894
~~government fund of each county from the taxes levied pursuant to~~	125895
~~section 5707.03 of the Revised Code for the ensuing calendar year~~.	125896
Upon the auditor's receipt of the estimate, the county budget	125897
commission shall determine the amount that shall be distributed	125898
from the undivided local government fund to each subdivision under	125899
section 5747.52 or 5747.53 of the Revised Code. The commission's	125900
determination is final and may not be appealed unless the	125901
commission failed to comply with the formula under section 5747.52	125902
or 5747.53 of the Revised Code.	125903

~~(B) At each annual regular session of the county budget~~	125904
~~commission convened pursuant to section 5705.27 of the Revised~~	125905
~~Code, each auditor shall present to the commission the certificate~~	125906
~~of the commissioner, the annual tax budget and estimates, and the~~	125907
~~records showing the action of the commission in its last preceding~~	125908
~~regular session. The estimates shown on the certificate of the~~	125909
~~commissioner of the amount to be allocated from the local~~	125910
~~government fund and the amount to be received from taxes levied~~	125911
~~pursuant to section 5707.03 of the Revised Code shall be combined~~	125912
~~into one total comprising the estimate of the undivided local~~	125913
~~government fund of the county. The commission, after extending to~~	125914
~~the representatives of each subdivision an opportunity to be~~	125915
~~heard, under oath administered by any member of the commission,~~	125916
~~and considering all the facts and information presented to it by~~	125917
~~the auditor, shall determine the amount of the undivided local~~	125918
~~government fund needed by and to be apportioned to each~~	125919
~~subdivision for current operating expenses, as shown in the tax~~	125920
~~budget of the subdivision. This determination shall be made~~	125921
~~pursuant to divisions (C) to (I) of this section, unless the~~	125922
~~commission has provided for a formula pursuant to section 5747.53~~	125923
~~of the Revised Code.~~	125924

~~Nothing in this section prevents the budget commission, for~~	125925
~~the purpose of apportioning the undivided local government fund,~~	125926
~~from inquiring into the claimed needs of any subdivision as stated~~	125927
~~in its tax budget, or from adjusting claimed needs to reflect~~	125928
~~actual needs. For the purposes of this section, "current operating~~	125929
~~expenses" means the lawful expenditures of a subdivision, except~~	125930
~~those for permanent improvements and except payments for interest,~~	125931
~~sinking fund, and retirement of bonds, notes, and certificates of~~	125932
~~indebtedness of the subdivision.~~	125933

~~(C) The commission shall determine the combined total of the~~	125934
~~estimated expenditures, including transfers, from the general fund~~	125935
~~and any special funds other than special funds established for~~	125936
~~road and bridge; street construction, maintenance, and repair;~~	125937
~~state highway improvement; and gas, water, sewer, and electric~~	125938
~~public utilities operated by a subdivision, as shown in the~~	125939
~~subdivision's tax budget for the ensuing calendar year.~~	125940

~~(D) From the combined total of expenditures calculated~~	125941
~~pursuant to division (C) of this section, the commission shall~~	125942
~~deduct the following expenditures, if included in these funds in~~	125943
~~the tax budget:~~	125944

~~(1) Expenditures for permanent improvements as defined in~~	125945
~~division (E) of section 5705.01 of the Revised Code;~~	125946

~~(2) In the case of counties and townships, transfers to the~~	125947
~~road and bridge fund, and in the case of municipalities, transfers~~	125948
~~to the street construction, maintenance, and repair fund and the~~	125949
~~state highway improvement fund;~~	125950

~~(3) Expenditures for the payment of debt charges;~~

125951

~~(4) Expenditures for the payment of judgments.~~

125952

~~(E) In addition to the deductions made pursuant to division~~	125953
~~(D) of this section, revenues accruing to the general fund and any~~	125954
~~special fund considered under division (C) of this section from~~	125955
~~the following sources shall be deducted from the combined total of~~	125956
~~expenditures calculated pursuant to division (C) of this section:~~	125957

~~(1) Taxes levied within the ten-mill limitation, as defined~~	125958
~~in section 5705.02 of the Revised Code;~~	125959

~~(2) The budget commission allocation of estimated county~~	125960
~~public library fund revenues to be distributed pursuant to section~~	125961
~~5747.48 of the Revised Code;~~	125962

~~(3) Estimated unencumbered balances as shown on the tax~~	125963
~~budget as of the thirty-first day of December of the current year~~	125964
~~in the general fund, but not any estimated balance in any special~~	125965
~~fund considered in division (C) of this section;~~	125966

~~(4) Revenue, including transfers, shown in the general fund~~	125967
~~and any special funds other than special funds established for~~	125968
~~road and bridge; street construction, maintenance, and repair;~~	125969
~~state highway improvement; and gas, water, sewer, and electric~~	125970
~~public utilities, from all other sources except those that a~~	125971
~~subdivision receives from an additional tax or service charge~~	125972
~~voted by its electorate or receives from special assessment or~~	125973
~~revenue bond collection. For the purposes of this division, where~~	125974
~~the charter of a municipal corporation prohibits the levy of an~~	125975
~~income tax, an income tax levied by the legislative authority of~~	125976
~~such municipal corporation pursuant to an amendment of the charter~~	125977
~~of that municipal corporation to authorize such a levy represents~~	125978
~~an additional tax voted by the electorate of that municipal~~	125979
~~corporation. For the purposes of this division, any measure~~	125980
~~adopted by a board of county commissioners pursuant to section~~	125981
~~322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,~~	125982
~~including those measures upheld by the electorate in a referendum~~	125983
~~conducted pursuant to section 322.021, 324.021, 4504.021, or~~	125984
~~5739.022 of the Revised Code, shall not be considered an~~	125985
~~additional tax voted by the electorate.~~	125986

~~Subject to division (G) of section 5705.29 of the Revised~~	125987
~~Code, money in a reserve balance account established by a county,~~	125988
~~township, or municipal corporation under section 5705.13 of the~~	125989
~~Revised Code shall not be considered an unencumbered balance or~~	125990
~~revenue under division (E)(3) or (4) of this section. Money in a~~	125991
~~reserve balance account established by a township under section~~	125992
~~5705.132 of the Revised Code shall not be considered an~~	125993
~~unencumbered balance or revenue under division (E)(3) or (4) of~~	125994
~~this section.~~	125995

~~If a county, township, or municipal corporation has created~~	125996
~~and maintains a nonexpendable trust fund under section 5705.131 of~~	125997
~~the Revised Code, the principal of the fund, and any additions to~~	125998
~~the principal arising from sources other than the reinvestment of~~	125999
~~investment earnings arising from such a fund, shall not be~~	126000
~~considered an unencumbered balance or revenue under division~~	126001
~~(E)(3) or (4) of this section. Only investment earnings arising~~	126002
~~from investment of the principal or investment of such additions~~	126003
~~to principal may be considered an unencumbered balance or revenue~~	126004
~~under those divisions.~~	126005

~~(F) The total expenditures calculated pursuant to division~~	126006
~~(C) of this section, less the deductions authorized in divisions~~	126007
~~(D) and (E) of this section, shall be known as the "relative need"~~	126008
~~of the subdivision, for the purposes of this section.~~	126009

~~(G) The budget commission shall total the relative need of~~	126010
~~all participating subdivisions in the county, and shall compute a~~	126011
~~relative need factor by dividing the total estimate of the~~	126012
~~undivided local government fund by the total relative need of all~~	126013
~~participating subdivisions.~~	126014

~~(H) The relative need of each subdivision shall be multiplied~~	126015
~~by the relative need factor to determine the proportionate share~~	126016
~~of the subdivision in the undivided local government fund of the~~	126017
~~county; provided, that the maximum proportionate share of a county~~	126018
~~shall not exceed the following maximum percentages of the total~~	126019
~~estimate of the undivided local government fund governed by the~~	126020
~~relationship of the percentage of the population of the county~~	126021
~~that resides within municipal corporations within the county to~~	126022
~~the total population of the county as reported in the reports on~~	126023
~~population in Ohio by the department of development as of the~~	126024
~~twentieth day of July of the year in which the tax budget is filed~~	126025
~~with the budget commission:~~	126026

~~Percentage of municipal population within the county:~~	~~Percentage share of the county shall not exceed:~~	126027
		126028
~~Less than forty-one per cent~~	~~Sixty per cent~~	126029
~~Forty-one per cent or more but less than eighty-one per cent~~	~~Fifty per cent~~	126030
~~Eighty-one per cent or more~~	~~Thirty per cent~~	126031

~~Where the proportionate share of the county exceeds the~~	126032
~~limitations established in this division, the budget commission~~	126033
~~shall adjust the proportionate shares determined pursuant to this~~	126034
~~division so that the proportionate share of the county does not~~	126035
~~exceed these limitations, and it shall increase the proportionate~~	126036
~~shares of all other subdivisions on a pro rata basis. In counties~~	126037
~~having a population of less than one hundred thousand, not less~~	126038
~~than ten per cent shall be distributed to the townships therein.~~	126039

~~(I) The proportionate share of each subdivision in the~~	126040
~~undivided local government fund determined pursuant to division~~	126041
~~(H) of this section for any calendar year shall not be less than~~	126042
~~the product of the average of the percentages of the undivided~~	126043
~~local government fund of the county as apportioned to that~~	126044
~~subdivision for the calendar years 1968, 1969, and 1970,~~	126045
~~multiplied by the total amount of the undivided local government~~	126046
~~fund of the county apportioned pursuant to former section 5735.23~~	126047
~~of the Revised Code for the calendar year 1970. For the purposes~~	126048
~~of this division, the total apportioned amount for the calendar~~	126049
~~year 1970 shall be the amount actually allocated to the county in~~	126050
~~1970 from the state collected intangible tax as levied by section~~	126051
~~5707.03 of the Revised Code and distributed pursuant to section~~	126052
~~5725.24 of the Revised Code, plus the amount received by the~~	126053
~~county in the calendar year 1970 pursuant to division (B)(1) of~~	126054
~~former section 5739.21 of the Revised Code, and distributed~~	126055
~~pursuant to former section 5739.22 of the Revised Code. If the~~	126056
~~total amount of the undivided local government fund for any~~	126057
~~calendar year is less than the amount of the undivided local~~	126058
~~government fund apportioned pursuant to former section 5739.23 of~~	126059
~~the Revised Code for the calendar year 1970, the minimum amount~~	126060
~~guaranteed to each subdivision for that calendar year pursuant to~~	126061
~~this division shall be reduced on a basis proportionate to the~~	126062
~~amount by which the amount of the undivided local government fund~~	126063
~~for that calendar year is less than the amount of the undivided~~	126064
~~local government fund apportioned for the calendar year 1970.~~	126065

~~(J)~~ On the basis of ~~such apportionment~~the budget	126066
commission's determination, the county auditor shall compute the	126067
percentage share of each such subdivision in the undivided local	126068
government fund and shall at the same time certify to the tax	126069
commissioner the percentage share of the county as a subdivision.	126070
~~No payment shall be made from the undivided local government fund,~~	126071
~~except in accordance with such percentage shares.~~	126072

Within ten days after the budget commission has made its	126073
~~apportionment, whether conducted pursuant to section 5747.51 or~~	126074
~~5747.53 of the Revised Code~~determination, the auditor shall	126075
publish a list of the subdivisions and the amount each is to	126076
receive from the undivided local government fund and the	126077
percentage share of each subdivision, in a newspaper or newspapers	126078
of countywide circulation, and send a copy of ~~such allocation~~the	126079
list to the tax commissioner.	126080

The county auditor shall also send by certified mail, return	126081
receipt requested, a copy of ~~such allocation~~the list to the	126082
fiscal officer of each subdivision entitled to participate in the	126083
allocation of the undivided local government fund of the county.	126084
This copy shall constitute the official notice of the commission	126085
action referred to in section 5705.37 of the Revised Code.	126086

All money received into the treasury of a subdivision from	126087
the undivided local government fund in a county treasury shall be	126088
paid into the general fund and used for the current operating	126089
expenses of the subdivision.	126090

If a municipal corporation maintains a municipal university,	126091
such municipal university, when the board of trustees so requests	126092
the legislative authority of the municipal corporation, shall	126093
participate in the money apportioned to such municipal corporation	126094
from the total local government fund, however created and	126095
constituted, in such amount as requested by the board of trustees,	126096
provided such sum does not exceed nine per cent of the total	126097
amount paid to the municipal corporation.	126098

If any public official fails to maintain the records required	126099
by sections 5747.50 to 5747.55 of the Revised Code or by the rules	126100
issued by the tax commissioner, the auditor of state, or the	126101
treasurer of state pursuant to such sections, or fails to comply	126102
with any law relating to the enforcement of such sections, the	126103
local government fund money allocated to the county may be	126104
withheld until such time as the public official has complied with	126105
such sections or such law or the rules issued pursuant thereto.	126106

Sec. 5747.52. (A) For purposes of this section:

126107

(1) "Total county allocation" means the estimate certified by	126108
the tax commissioner under division (A) of section 5747.51 of the	126109
Revised Code.	126110

(2) "Total base allocation" means the sum of the base	126111
allocations of the county, metropolitan park district, and each	126112
subdivision.	126113

(3) "Base allocation" means, in the case of a county, thirty	126114
per cent of total county allocation. In the case of a metropolitan	126115
park district if one exists in the county, "base allocation" means	126116
five and one-half per cent of total county allocation. For all	126117
other subdivisions, "base allocation" means the average of a	126118
subdivision's current year allocation, first preceding year	126119
distribution, and second preceding year distribution.	126120

(4) "Current year allocation" means the amount allocated to a	126121
subdivision for the current year.	126122

(5) "First preceding year distribution" means the amount	126123
actually distributed to a subdivision pursuant to this section or	126124
section 5747.53 of the Revised Code in the year immediately	126125
preceding the current year.	126126

(6) "Second preceding year distribution" means the amount	126127
actually distributed to a subdivision pursuant to this section or	126128
section 5747.53 of the Revised Code in the second year immediately	126129
preceding the current year.	126130

(7) "Adjusted base allocation" means the product of total	126131
county allocation multiplied by the quotient of the subdivision's	126132
base allocation divided by total base allocation.	126133

(8) "Total excess allocation" means the difference of total	126134
county allocation minus total base allocation, but not less than	126135
zero.	126136

(9) "Excess allocation" of a subdivision means the product of	126137
total excess allocation multiplied by the subdivision's excess	126138
allocation percentage.	126139

(10) "Excess allocation percentage" means the average of a	126140
subdivision's property wealth ratio, income ratio, and population	126141
ratio.	126142

(11) "Property wealth ratio" means the quotient of a	126143
subdivision's property wealth factor divided by the sum of the	126144
property wealth factors of all subdivisions.	126145

(12) "Property wealth factor" means the quotient of a	126146
subdivision's population divided by its taxable value per capita.	126147

(13) "Income ratio" means the quotient of a subdivision's	126148
income factor divided by the sum of the income factors of all	126149
subdivisions.	126150

(14) "Income factor" means the quotient of a subdivision's	126151
population divided by its per capita income.	126152

(15) "Population ratio" means the quotient of a subdivision's	126153
population factor divided by the sum of the population factors of	126154
all subdivisions.	126155

(16) "Population density" means the quotient of a	126156
subdivision's population divided by the subdivision's geographical	126157
size, measured in square miles, as determined by the county	126158
engineer.	126159

(17) "Population factor" means the product of a subdivision's	126160
population multiplied by it population density.	126161

(18) "Population" means the population of a subdivision as	126162
determined by a regional or county planning commission or, if no	126163
such commission exists, by the county budget commission.	126164

(19) "Taxable value" means the taxable value of all taxable	126165
property in the subdivision as indicated on the tax list of real	126166
and public utility property for the preceding tax year.	126167

(20) "Taxable value per capita" means the quotient of a	126168
subdivision's population divided by its taxable value.	126169

(21) "Per capita income" of a subdivision means the per	126170
capita income as published by or derived from information prepared	126171
by the United States bureau of the census.	126172

(B) If the total county allocation is equal to or greater	126173
than the total base allocation, the amount that shall be	126174
distributed to a subdivision from the undivided local government	126175
fund equals the sum of the subdivision's base allocation plus its	126176
excess allocation. If the total county allocation is less than the	126177
total base allocation, the amount that shall be distributed to a	126178
subdivision from the undivided local government fund equals the	126179
subdivision's adjusted base allocation.	126180

(C) If the actual amount distributed to the undivided local	126181
government fund in a year exceeds the total county allocation for	126182
that year, the excess shall be distributed to subdivisions as	126183
provided in divisions (C)(1) and (2) of this section.	126184

(1) Of the first seven hundred fifty thousand dollars of	126185
excess, a subdivision shall receive the product of the excess	126186
multiplied by the quotient of the subdivision's allocation under	126187
division (B) of this section divided by the total county	126188
allocation.	126189

(2) Any amount in excess of seven hundred fifty thousand	126190
dollars shall be distributed as follows:	126191

(a) To the county, thirty per cent;

126192

(b) To a metropolitan park district if one exists in the	126193
county, five and one-half per cent;	126194

(c) The remainder shall be distributed to all other	126195
subdivisions in amounts to be determined in the same manner as the	126196
subdivisions' excess allocation is determined, except that "total	126197
excess allocation" equals the total amount to be distributed under	126198
division (C)(2)(c) of this section.	126199

Sec. 5747.53. ~~(A) As used in this section:~~

126200

~~(1) "City, located wholly or partially in the county, with~~	126201
~~the greatest population" means the city, located wholly or~~	126202
~~partially in the county, with the greatest population residing in~~	126203
~~the county; however, if the county budget commission on or before~~	126204
~~January 1, 1998, adopted an alternative method of apportionment~~	126205
~~that was approved by the legislative authority of the city,~~	126206
~~located partially in the county, with the greatest population but~~	126207
~~not the greatest population residing in the county, "city, located~~	126208
~~wholly or partially in the county, with the greatest population"~~	126209
~~means the city, located wholly or partially in the county, with~~	126210
~~the greatest population whether residing in the county or not, if~~	126211
~~this alternative meaning is adopted by action of the board of~~	126212
~~county commissioners and a majority of the boards of township~~	126213
~~trustees and legislative authorities of municipal corporations~~	126214
~~located wholly or partially in the county.~~	126215

~~(2) "Participating political subdivision" means a municipal~~	126216
~~corporation or township that satisfies all of the following:~~	126217

~~(a) It is located wholly or partially in the county.~~

126218

~~(b) It is not the city, located wholly or partially in the~~	126219
~~county, with the greatest population.~~	126220

~~(c) Undivided local government fund moneys are apportioned to~~	126221
~~it under the county's alternative method or formula of~~	126222
~~apportionment in the current calendar year.~~	126223

~~(B)~~ In lieu of the method of apportionment of the undivided	126224
local government fund of the county provided by section 5747.51 of	126225
the Revised Code, upon the approval of seventy-five per cent or	126226
more of the subdivisions located wholly or partially in the county	126227
acting by motion adopted after July 1, 2011, the county budget	126228
commission may provide for the apportionment of the fund under an	126229
alternative method or on a formula basis as authorized by this	126230
section.	126231

~~Except as otherwise provided in division (C) of this section,~~	126232
~~the alternative method of apportionment shall have first been~~	126233
~~approved by all of the following governmental units: the board of~~	126234
~~county commissioners; the legislative authority of the city,~~	126235
~~located wholly or partially in the county, with the greatest~~	126236
~~population; and a majority of the boards of township trustees and~~	126237
~~legislative authorities of municipal corporations, located wholly~~	126238
~~or partially in the county, excluding the legislative authority of~~	126239
~~the city, located wholly or partially in the county, with the~~	126240
~~greatest population. In granting or denying approval for an~~	126241
~~alternative method of apportionment, the board of county~~	126242
~~commissioners, boards of township trustees, and legislative~~	126243
~~authorities of municipal corporations shall act by motion. A~~	126244
~~motion to approve shall be passed upon a majority vote of the~~	126245
~~members of a board of county commissioners, board of township~~	126246
~~trustees, or legislative authority of a municipal corporation,~~	126247
~~shall take effect immediately, and need not be published.~~	126248

Any alternative method of apportionment adopted and approved	126249
under this ~~division~~section may be revised, amended, or repealed	126250
in the same manner as it may be adopted and approved. If an	126251
alternative method of apportionment adopted and approved under	126252
this ~~division~~section is repealed, the undivided local government	126253
fund of the county shall be apportioned among the subdivisions	126254
eligible to participate in the fund, commencing in the ensuing	126255
calendar year, under the apportionment provided in section 5747.52	126256
of the Revised Code~~, unless the repeal occurs by operation of~~	126257
~~division (C) of this section or a new method for apportionment of~~	126258
~~the fund is provided in the action of repeal~~.	126259

~~(C) This division applies only in counties in which the city,~~	126260
~~located wholly or partially in the county, with the greatest~~	126261
~~population has a population of twenty thousand or less and a~~	126262
~~population that is less than fifteen per cent of the total~~	126263
~~population of the county. In such a county, the legislative~~	126264
~~authorities or boards of township trustees of two or more~~	126265
~~participating political subdivisions, which together have a~~	126266
~~population residing in the county that is a majority of the total~~	126267
~~population of the county, each may adopt a resolution to exclude~~	126268
~~the approval otherwise required of the legislative authority of~~	126269
~~the city, located wholly or partially in the county, with the~~	126270
~~greatest population. All of the resolutions to exclude that~~	126271
~~approval shall be adopted not later than the first Monday of~~	126272
~~August of the year preceding the calendar year in which~~	126273
~~distributions are to be made under an alternative method of~~	126274
~~apportionment.~~	126275

~~A motion granting or denying approval of an alternative~~	126276
~~method of apportionment under this division shall be adopted by a~~	126277
~~majority vote of the members of the board of county commissioners~~	126278
~~and by a majority vote of a majority of the boards of township~~	126279
~~trustees and legislative authorities of the municipal corporations~~	126280
~~located wholly or partially in the county, other than the city,~~	126281
~~located wholly or partially in the county, with the greatest~~	126282
~~population, shall take effect immediately, and need not be~~	126283
~~published. The alternative method of apportionment under this~~	126284
~~division shall be adopted and approved annually, not later than~~	126285
~~the first Monday of August of the year preceding the calendar year~~	126286
~~in which distributions are to be made under it. A motion granting~~	126287
~~approval of an alternative method of apportionment under this~~	126288
~~division repeals any existing alternative method of apportionment,~~	126289
~~effective with distributions to be made from the fund in the~~	126290
~~ensuing calendar year. An alternative method of apportionment~~	126291
~~under this division shall not be revised or amended after the~~	126292
~~first Monday of August of the year preceding the calendar year in~~	126293
~~which distributions are to be made under it.~~	126294

~~(D)~~ In determining an alternative method of apportionment	126295
authorized by this section, the county budget commission may	126296
include in the method any factor considered to be appropriate and	126297
reliable, in the sole discretion of the county budget commission.	126298

~~(E) The limitations set forth in section 5747.51 of the~~	126299
~~Revised Code, stating the maximum amount that the county may~~	126300
~~receive from the undivided local government fund and the minimum~~	126301
~~amount the townships in counties having a population of less than~~	126302
~~one hundred thousand may receive from the fund, are applicable to~~	126303
~~any alternative method of apportionment authorized under this~~	126304
~~section.~~	126305

~~(F)~~ On the basis of any alternative method of apportionment	126306
adopted and approved as authorized by this section, as certified	126307
by the auditor to the county treasurer, the county treasurer shall	126308
make distribution of the money in the undivided local government	126309
fund to each subdivision eligible to participate in the fund, and	126310
the auditor, when the amount of those shares is in the custody of	126311
the treasurer in the amounts so computed to be due the respective	126312
subdivisions, shall at the same time certify to the tax	126313
commissioner the percentage share of the county as a subdivision.	126314
All money received into the treasury of a subdivision from the	126315
undivided local government fund in a county treasury shall be paid	126316
into the general fund and used for the current operating expenses	126317
of the subdivision. If a municipal corporation maintains a	126318
municipal university, the university, when the board of trustees	126319
so requests the legislative authority of the municipal	126320
corporation, shall participate in the money apportioned to the	126321
municipal corporation from the total local government fund,	126322
however created and constituted, in the amount requested by the	126323
board of trustees, provided that amount does not exceed nine per	126324
cent of the total amount paid to the municipal corporation.	126325

~~(G)~~ The actions of the county budget commission taken	126326
pursuant to this section are final and may not be appealed to the	126327
board of tax appeals, except on the issues of abuse of discretion	126328
and failure to comply with the formula.	126329

Sec. 5748.01. As used in this chapter:

126330

(A) "School district income tax" means an income tax adopted	126331
under one of the following:	126332

(1) Former section 5748.03 of the Revised Code as it existed	126333
prior to its repeal by Amended Substitute House Bill No. 291 of	126334
the 115th general assembly;	126335

(2) Section 5748.03 of the Revised Code as enacted in	126336
Substitute Senate Bill No. 28 of the 118th general assembly;	126337

(3) Section 5748.08 of the Revised Code as enacted in Amended	126338
Substitute Senate Bill No. 17 of the 122nd general assembly;	126339

(4) Section 5748.021 of the Revised Code;

126340

(5) Section 5748.081 of the Revised Code;

126341

(6) Section 5748.09 of the Revised Code.

126342

(B) "Individual" means an individual subject to the tax	126343
levied by section 5747.02 of the Revised Code.	126344

(C) "Estate" means an estate subject to the tax levied by	126345
section 5747.02 of the Revised Code.	126346

(D) "Taxable year" means a taxable year as defined in	126347
division (M) of section 5747.01 of the Revised Code.	126348

(E) "Taxable income" means:

126349

(1) In the case of an individual, one of the following, as	126350
specified in the resolution imposing the tax:	126351

(a) Ohio adjusted gross income for the taxable year as	126352
defined in division (A) of section 5747.01 of the Revised Code,	126353
less the exemptions provided by section 5747.02 of the Revised	126354
Code;	126355

(b) Wages, salaries, tips, and other employee compensation to	126356
the extent included in Ohio adjusted gross income as defined in	126357
section 5747.01 of the Revised Code, and net earnings from	126358
self-employment, as defined in section 1402(a) of the Internal	126359
Revenue Code, to the extent included in Ohio adjusted gross	126360
income.	126361

(2) In the case of an estate, taxable income for the taxable	126362
year as defined in division (S) of section 5747.01 of the Revised	126363
Code.	126364

(F) "Resident" of the school district means:

126365

(1) An individual who is a resident of this state as defined	126366
in division (I) of section 5747.01 of the Revised Code during all	126367
or a portion of the taxable year and who, during all or a portion	126368
of such period of state residency, is domiciled in the school	126369
district or lives in and maintains a permanent place of abode in	126370
the school district;	126371

(2) An estate of a decedent who, at the time of death, was	126372
domiciled in the school district.	126373

(G) "School district income" means:

126374

(1) With respect to an individual, the portion of the taxable	126375
income of an individual that is received by the individual during	126376
the portion of the taxable year that the individual is a resident	126377
of the school district and the school district income tax is in	126378
effect in that school district. An individual may have school	126379
district income with respect to more than one school district.	126380

(2) With respect to an estate, the taxable income of the	126381
estate for the portion of the taxable year that the school	126382
district income tax is in effect in that school district.	126383

(H) "Taxpayer" means an individual or estate having school	126384
district income upon which a school district income tax is	126385
imposed.	126386

(I) "School district purposes" means any of the purposes for	126387
which a tax may be levied pursuant to section 5705.21 of the	126388
Revised Code, including the combined purposes authorized by	126389
section 5705.217 of the Revised Code.	126390

Sec. 5748.02. (A) The board of education of any school	126391
district, except a joint vocational school district, may declare,	126392
by resolution, the necessity of raising annually a specified	126393
amount of money for school district purposes. The resolution shall	126394
specify whether the income that is to be subject to the tax is	126395
taxable income of individuals and estates as defined in divisions	126396
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	126397
taxable income of individuals as defined in division (E)(1)(b) of	126398
that section. A copy of the resolution shall be certified to the	126399
tax commissioner no later than one hundred days prior to the date	126400
of the election at which the board intends to propose a levy under	126401
this section. Upon receipt of the copy of the resolution, the tax	126402
commissioner shall estimate both of the following:	126403

(1) The property tax rate that would have to be imposed in	126404
the current year by the district to produce an equivalent amount	126405
of money;	126406

(2) The income tax rate that would have had to have been in	126407
effect for the current year to produce an equivalent amount of	126408
money from a school district income tax.	126409

Within ten days of receiving the copy of the board's	126410
resolution, the commissioner shall prepare these estimates and	126411
certify them to the board. Upon receipt of the certification, the	126412
board may adopt a resolution proposing an income tax under	126413
division (B) of this section at the estimated rate contained in	126414
the certification rounded to the nearest one-fourth of one per	126415
cent. The commissioner's certification applies only to the board's	126416
proposal to levy an income tax at the election for which the board	126417
requested the certification. If the board intends to submit a	126418
proposal to levy an income tax at any other election, it shall	126419
request another certification for that election in the manner	126420
prescribed in this division.	126421

(B)(1) Upon the receipt of a certification from the tax	126422
commissioner under division (A) of this section, a majority of the	126423
members of a board of education may adopt a resolution proposing	126424
the levy of an annual tax for school district purposes on school	126425
district income. The proposed levy may be for a continuing period	126426
of time or for a specified number of years. The resolution shall	126427
set forth the purpose for which the tax is to be imposed, the rate	126428
of the tax, which shall be the rate set forth in the	126429
commissioner's certification rounded to the nearest one-fourth of	126430
one per cent, the number of years the tax will be levied or that	126431
it will be levied for a continuing period of time, the date on	126432
which the tax shall take effect, which shall be the first day of	126433
January of any year following the year in which the question is	126434
submitted, and the date of the election at which the proposal	126435
shall be submitted to the electors of the district, which shall be	126436
on the date of a primary, general, or special election the date of	126437
which is consistent with section 3501.01 of the Revised Code. The	126438
resolution shall specify whether the income that is to be subject	126439
to the tax is taxable income of individuals and estates as defined	126440
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	126441
Code or taxable income of individuals as defined in division	126442
(E)(1)(b) of that section. The specification shall be the same as	126443
the specification in the resolution adopted and certified under	126444
division (A) of this section.	126445

If the tax is to be levied for current expenses and permanent	126446
improvements, the resolution shall apportion the annual rate of	126447
the tax. The apportionment may be the same or different for each	126448
year the tax is levied, but the respective portions of the rate	126449
actually levied each year for current expenses and for permanent	126450
improvements shall be limited by the apportionment.	126451

If the board of education currently imposes an income tax	126452
pursuant to this chapter that is due to expire and a question is	126453
submitted under this section for a proposed income tax to take	126454
effect upon the expiration of the existing tax, the board may	126455
specify in the resolution that the proposed tax renews the	126456
expiring tax. Two or more expiring income taxes may be renewed	126457
under this paragraph if the taxes are due to expire on the same	126458
date. If the tax rate being proposed is no higher than the total	126459
tax rate imposed by the expiring tax or taxes, the resolution may	126460
state that the proposed tax is not an additional income tax.	126461

(2) A board of education adopting a resolution under division	126462
(B)(1) of this section proposing a school district income tax for	126463
a continuing period of time and limited to the purpose of current	126464
expenses may propose in that resolution to reduce the rate or	126465
rates of one or more of the school district's property taxes	126466
levied for a continuing period of time in excess of the ten-mill	126467
limitation for the purpose of current expenses. The reduction in	126468
the rate of a property tax may be any amount, expressed in mills	126469
per one dollar in valuation, not exceeding the rate at which the	126470
tax is authorized to be levied. The reduction in the rate of a tax	126471
shall first take effect for the tax year that includes the day on	126472
which the school district income tax first takes effect, and shall	126473
continue for each tax year that both the school district income	126474
tax and the property tax levy are in effect.	126475

In addition to the matters required to be set forth in the	126476
resolution under division (B)(1) of this section, a resolution	126477
containing a proposal to reduce the rate of one or more property	126478
taxes shall state for each such tax the maximum rate at which it	126479
currently may be levied and the maximum rate at which the tax	126480
could be levied after the proposed reduction, expressed in mills	126481
per one dollar in valuation, and that the tax is levied for a	126482
continuing period of time.	126483

If a board of education proposes to reduce the rate of one or	126484
more property taxes under division (B)(2) of this section, the	126485
board, when it makes the certification required under division (A)	126486
of this section, shall designate the specific levy or levies to be	126487
reduced, the maximum rate at which each levy currently is	126488
authorized to be levied, and the rate by which each levy is	126489
proposed to be reduced. The tax commissioner, when making the	126490
certification to the board under division (A) of this section,	126491
also shall certify the reduction in the total effective tax rate	126492
for current expenses for each class of property that would have	126493
resulted if the proposed reduction in the rate or rates had been	126494
in effect the previous tax year. As used in this paragraph,	126495
"effective tax rate" has the same meaning as in section 323.08 of	126496
the Revised Code.	126497

(C) A resolution adopted under division (B) of this section	126498
shall go into immediate effect upon its passage, and no	126499
publication of the resolution shall be necessary other than that	126500
provided for in the notice of election. Immediately after its	126501
adoption and at least ninety days prior to the election at which	126502
the question will appear on the ballot, a copy of the resolution	126503
shall be certified to the board of elections of the proper county,	126504
which shall submit the proposal to the electors on the date	126505
specified in the resolution. The form of the ballot shall be as	126506
provided in section 5748.03 of the Revised Code. Publication of	126507
notice of the election shall be made in ~~one or more newspapers~~a	126508
newspaper of general circulation in the county once a week for two	126509
consecutive weeks, or as provided in section 7.16 of the Revised	126510
Code, prior to the election~~, and, if~~. If the board of elections	126511
operates and maintains a web site, the board of elections shall	126512
post notice of the election on its web site for thirty days prior	126513
to the election. The notice shall contain the time and place of	126514
the election and the question to be submitted to the electors. The	126515
question covered by the resolution shall be submitted as a	126516
separate proposition, but may be printed on the same ballot with	126517
any other proposition submitted at the same election, other than	126518
the election of officers.	126519

(D) No board of education shall submit the question of a tax	126520
on school district income to the electors of the district more	126521
than twice in any calendar year. If a board submits the question	126522
twice in any calendar year, one of the elections on the question	126523
shall be held on the date of the general election.	126524

(E)(1) No board of education may submit to the electors of	126525
the district the question of a tax on school district income on	126526
the taxable income of individuals as defined in division (E)(1)(b)	126527
of section 5748.01 of the Revised Code if that tax would be in	126528
addition to an existing tax on the taxable income of individuals	126529
and estates as defined in divisions (E)(1)(a) and (2) of that	126530
section.	126531

(2) No board of education may submit to the electors of the	126532
district the question of a tax on school district income on the	126533
taxable income of individuals and estates as defined in divisions	126534
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	126535
tax would be in addition to an existing tax on the taxable income	126536
of individuals as defined in division (E)(1)(b) of that section.	126537

Sec. 5748.021. A board of education that levies a tax under	126538
section 5748.02 of the Revised Code on the school district income	126539
of individuals and estates as defined in divisions (G) and	126540
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may	126541
declare, at any time, by a resolution adopted by a majority of its	126542
members, the necessity of raising annually a specified amount of	126543
money for school district purposes by replacing the existing tax	126544
with a tax on the school district income of individuals as defined	126545
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	126546
Revised Code. The specified amount of money to be raised annually	126547
may be the same as, or more or less than, the amount of money	126548
raised annually by the existing tax.	126549

The board shall certify a copy of the resolution to the tax	126550
commissioner not later than the eighty-fifth day before the date	126551
of the election at which the board intends to propose the	126552
replacement to the electors of the school district. Not later than	126553
the tenth day after receiving the resolution, the tax commissioner	126554
shall estimate the tax rate that would be required in the school	126555
district annually to raise the amount of money specified in the	126556
resolution. The tax commissioner shall certify the estimate to the	126557
board.	126558

Upon receipt of the tax commissioner's estimate, the board	126559
may propose, by a resolution adopted by a majority of its members,	126560
to replace the existing tax on the school district income of	126561
individuals and estates as defined in divisions (G) and (E)(1)(a)	126562
and (2) of section 5748.01 of the Revised Code with the levy of an	126563
annual tax on the school district income of individuals as defined	126564
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the	126565
Revised Code. In the resolution, the board shall specify the rate	126566
of the replacement tax, whether the replacement tax is to be	126567
levied for a specified number of years or for a continuing time,	126568
the specific school district purposes for which the replacement	126569
tax is to be levied, the date on which the replacement tax will	126570
begin to be levied, the date of the election at which the question	126571
of the replacement is to be submitted to the electors of the	126572
school district, that the existing tax will cease to be levied and	126573
the replacement tax will begin to be levied if the replacement is	126574
approved by a majority of the electors voting on the replacement,	126575
and that if the replacement is not approved by a majority of the	126576
electors voting on the replacement the existing tax will remain in	126577
effect under its original authority for the remainder of its	126578
previously approved term. The resolution goes into immediate	126579
effect upon its adoption. Publication of the resolution is not	126580
necessary, and the information that will be provided in the notice	126581
of election is sufficient notice. At least seventy-five days	126582
before the date of the election at which the question of the	126583
replacement will be submitted to the electors of the school	126584
district, the board shall certify a copy of the resolution to the	126585
board of elections.	126586

The replacement tax shall have the same specific school	126587
district purposes as the existing tax, and its rate shall be the	126588
same as the tax commissioner's estimate rounded to the nearest	126589
one-fourth of one per cent. The replacement tax shall begin to be	126590
levied on the first day of January of the year following the year	126591
in which the question of the replacement is submitted to and	126592
approved by the electors of the school district or on the first	126593
day of January of a later year, as specified in the resolution.	126594
The date of the election shall be the date of an otherwise	126595
scheduled primary, general, or special election.	126596

The board of elections shall make arrangements to submit the	126597
question of the replacement to the electors of the school district	126598
on the date specified in the resolution. The board of elections	126599
shall publish notice of the election on the question of the	126600
replacement in one ~~or more newspapers~~newspaper of general	126601
circulation in the school district once a week for four	126602
consecutive weeks or as provided in section 7.16 of the Revised	126603
Code. The notice shall set forth the question to be submitted to	126604
the electors and the time and place of the election thereon.	126605

The question shall be submitted to the electors of the school	126606
district as a separate proposition, but may be printed on the same	126607
ballot with other propositions that are submitted at the same	126608
election, other than the election of officers. The form of the	126609
ballot shall be substantially as follows:	126610

"Shall the existing tax of ..... (state the rate) on the	126611
school district income of individuals and estates imposed by .....	126612
(state the name of the school district) be replaced by a tax of	126613
..... (state the rate) on the earned income of individuals	126614
residing in the school district for ..... (state the number of	126615
years the tax is to be in effect or that it will be in effect for	126616
a continuing time), beginning ..... (state the date the new tax	126617
will take effect), for the purpose of ..... (state the specific	126618
school district purposes of the tax)? If the new tax is not	126619
approved, the existing tax will remain in effect under its	126620
original authority, for the remainder of its previously approved	126621
term.	126622

		For replacing the existing tax with the new tax			126623
		Against replacing the existing tax with the new tax	"		126624

The board of elections shall conduct and canvass the election	126625
in the same manner as regular elections in the school district for	126626
the election of county officers. The board shall certify the	126627
results of the election to the board of education and to the tax	126628
commissioner. If a majority of the electors voting on the question	126629
vote in favor of the replacement, the existing tax shall cease to	126630
be levied, and the replacement tax shall begin to be levied, on	126631
the date specified in the ballot question. If a majority of the	126632
electors voting on the question vote against the replacement, the	126633
existing tax shall continue to be levied under its original	126634
authority, for the remainder of its previously approved term.	126635

A board of education may not submit the question of replacing	126636
a tax more than twice in a calendar year. If a board submits the	126637
question more than once, one of the elections at which the	126638
question is submitted shall be on the date of a general election.	126639

If a board of education later intends to renew a replacement	126640
tax levied under this section, it shall repeat the procedure	126641
outlined in this section to do so, the replacement tax then being	126642
levied being the "existing tax" and the renewed replacement tax	126643
being the "replacement tax."	126644

Sec. 5748.04. (A) The question of the repeal of a school	126645
district income tax levied for more than five years may be	126646
initiated not more than once in any five-year period by filing	126647
with the board of elections of the appropriate counties not later	126648
than ninety days before the general election in any year after the	126649
year in which it is approved by the electors a petition requesting	126650
that an election be held on the question. The petition shall be	126651
signed by qualified electors residing in the school district	126652
levying the income tax equal in number to ten per cent of those	126653
voting for governor at the most recent gubernatorial election.	126654

The board of elections shall determine whether the petition	126655
is valid, and if it so determines, it shall submit the question to	126656
the electors of the district at the next general election. The	126657
election shall be conducted, canvassed, and certified in the same	126658
manner as regular elections for county offices in the county.	126659
Notice of the election shall be published in a newspaper of	126660
general circulation in the district once a week for two	126661
consecutive weeks, or as provided in section 7.16 of the Revised	126662
Code, prior to the election~~, and, if~~. If the board of elections	126663
operates and maintains a web site, the board of elections shall	126664
post notice of the election on its web site for thirty days prior	126665
to the election. The notice shall state the purpose, time, and	126666
place of the election. The form of the ballot cast at the election	126667
shall be as follows:	126668

"Shall the annual income tax of ..... per cent, currently	126669
levied on the school district income of individuals and estates by	126670
.......... (state the name of the school district) for the purpose	126671
of .......... (state purpose of the tax), be repealed?	126672

126673

		For repeal of the income tax			126674
		Against repeal of the income tax	"		126675

126676

(B)(1) If the tax is imposed on taxable income as defined in	126677
division (E)(1)(b) of section 5748.01 of the Revised Code, the	126678
form of the ballot shall be modified by stating that the tax	126679
currently is levied on the "earned income of individuals residing	126680
in the school district" in lieu of the "school district income of	126681
individuals and estates."	126682

(2) If the rate of one or more property tax levies was	126683
reduced for the duration of the income tax levy pursuant to	126684
division (B)(2) of section 5748.02 of the Revised Code, the form	126685
of the ballot shall be modified by adding the following language	126686
immediately after "repealed": ", and shall the rate of an existing	126687
tax on property for the purpose of current expenses, which rate	126688
was reduced for the duration of the income tax, be INCREASED from	126689
..... mills to ..... mills per one dollar of valuation beginning	126690
in ..... (state the first year for which the rate of the property	126691
tax will increase)." In lieu of "for repeal of the income tax" and	126692
"against repeal of the income tax," the phrases "for the issue"	126693
and "against the issue," respectively, shall be substituted.	126694

(3) If the rate of more than one property tax was reduced for	126695
the duration of the income tax, the ballot language shall be	126696
modified accordingly to express the rates at which those taxes	126697
currently are levied and the rates to which the taxes would be	126698
increased.	126699

(C) The question covered by the petition shall be submitted	126700
as a separate proposition, but it may be printed on the same	126701
ballot with any other proposition submitted at the same election	126702
other than the election of officers. If a majority of the	126703
qualified electors voting on the question vote in favor of it, the	126704
result shall be certified immediately after the canvass by the	126705
board of elections to the board of education of the school	126706
district and the tax commissioner, who shall thereupon, after the	126707
current year, cease to levy the tax, except that if notes have	126708
been issued pursuant to section 5748.05 of the Revised Code the	126709
tax commissioner shall continue to levy and collect under	126710
authority of the election authorizing the levy an annual amount,	126711
rounded upward to the nearest one-fourth of one per cent, as will	126712
be sufficient to pay the debt charges on the notes as they fall	126713
due.	126714

(D) If a school district income tax repealed pursuant to this	126715
section was approved in conjunction with a reduction in the rate	126716
of one or more school district property taxes as provided in	126717
division (B)(2) of section 5748.02 of the Revised Code, then each	126718
such property tax may be levied after the current year at the rate	126719
at which it could be levied prior to the reduction, subject to any	126720
adjustments required by the county budget commission pursuant to	126721
Chapter 5705. of the Revised Code. Upon the repeal of a school	126722
district income tax under this section, the board of education may	126723
resume levying a property tax, the rate of which has been reduced	126724
pursuant to a question approved under section 5748.02 of the	126725
Revised Code, at the rate the board originally was authorized to	126726
levy the tax. A reduction in the rate of a property tax under	126727
section 5748.02 of the Revised Code is a reduction in the rate at	126728
which a board of education may levy that tax only for the period	126729
during which a school district income tax is levied prior to any	126730
repeal pursuant to this section. The resumption of the authority	126731
to levy the tax upon such a repeal does not constitute a tax	126732
levied in excess of the one per cent limitation prescribed by	126733
Section 2 of Article XII, Ohio Constitution, or in excess of the	126734
ten-mill limitation.	126735

(E) This section does not apply to school district income tax	126736
levies that are levied for five or fewer years.	126737

Sec. 5748.05. After the approval by the electors of a	126738
resolution under section 5748.03 or, 5748.08, or 5748.09 of the	126739
Revised Code to impose a school district income tax to provide an	126740
increase in current operating revenues or in current revenues for	126741
permanent improvements and prior to the time when the first	126742
payment to the district from the tax can be made, a board of	126743
education may anticipate a fraction of the proceeds of the tax and	126744
issue anticipation notes in an amount not exceeding fifty per cent	126745
of the total estimated proceeds of the tax to be collected for its	126746
first year of collection as estimated by the tax commissioner. The	126747
anticipation notes are Chapter 133. securities and shall be issued	126748
as provided in section 133.24 of the Revised Code as if property	126749
tax anticipation notes. The notes shall have principal payments	126750
during each year after their year of issuance over a period not to	126751
exceed five years and, if determined by the board of education,	126752
during the year of their issuance. The legislation authorizing	126753
issuance of the notes may also provide for the annual levy and	126754
collection of voted ad valorem property taxes levied for the	126755
applicable purpose for which the notes are issued and for the	126756
application of the proceeds of the levy to the extent necessary to	126757
pay annual debt charges on the notes.	126758

Sec. 5748.08. (A) The board of education of a city, local,	126759
or exempted village school district, at any time by a vote of	126760
two-thirds of all its members, may declare by resolution that it	126761
may be necessary for the school district to do all of the	126762
following:	126763

(1) Raise a specified amount of money for school district	126764
purposes by levying an annual tax on school district income;	126765

(2) Issue general obligation bonds for permanent	126766
improvements, stating in the resolution the necessity and purpose	126767
of the bond issue and the amount, approximate date, estimated rate	126768
of interest, and maximum number of years over which the principal	126769
of the bonds may be paid;	126770

(3) Levy a tax outside the ten-mill limitation to pay debt	126771
charges on the bonds and any anticipatory securities;	126772

(4) Submit the question of the school district income tax and	126773
bond issue to the electors of the district at a special election.	126774

The resolution shall specify whether the income that is to be	126775
subject to the tax is taxable income of individuals and estates as	126776
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	126777
Revised Code or taxable income of individuals as defined in	126778
division (E)(1)(b) of that section.	126779

On adoption of the resolution, the board shall certify a copy	126780
of it to the tax commissioner and the county auditor no later than	126781
one hundred five days prior to the date of the special election at	126782
which the board intends to propose the income tax and bond issue.	126783
Not later than ten days of receipt of the resolution, the tax	126784
commissioner, in the same manner as required by division (A) of	126785
section 5748.02 of the Revised Code, shall estimate the rates	126786
designated in divisions (A)(1) and (2) of that section and certify	126787
them to the board. Not later than ten days of receipt of the	126788
resolution, the county auditor shall estimate and certify to the	126789
board the average annual property tax rate required throughout the	126790
stated maturity of the bonds to pay debt charges on the bonds, in	126791
the same manner as under division (C) of section 133.18 of the	126792
Revised Code.	126793

(B) On receipt of the tax commissioner's and county auditor's	126794
certifications prepared under division (A) of this section, the	126795
board of education of the city, local, or exempted village school	126796
district, by a vote of two-thirds of all its members, may adopt a	126797
resolution proposing for a specified number of years or for a	126798
continuing period of time the levy of an annual tax for school	126799
district purposes on school district income and declaring that the	126800
amount of taxes that can be raised within the ten-mill limitation	126801
will be insufficient to provide an adequate amount for the present	126802
and future requirements of the school district; that it is	126803
necessary to issue general obligation bonds of the school district	126804
for specified permanent improvements and to levy an additional tax	126805
in excess of the ten-mill limitation to pay the debt charges on	126806
the bonds and any anticipatory securities; and that the question	126807
of the bonds and taxes shall be submitted to the electors of the	126808
school district at a special election, which shall not be earlier	126809
than ninety days after certification of the resolution to the	126810
board of elections, and the date of which shall be consistent with	126811
section 3501.01 of the Revised Code. The resolution shall specify	126812
all of the following:	126813

(1) The purpose for which the school district income tax is	126814
to be imposed and the rate of the tax, which shall be the rate set	126815
forth in the tax commissioner's certification rounded to the	126816
nearest one-fourth of one per cent;	126817

(2) Whether the income that is to be subject to the tax is	126818
taxable income of individuals and estates as defined in divisions	126819
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	126820
taxable income of individuals as defined in division (E)(1)(b) of	126821
that section. The specification shall be the same as the	126822
specification in the resolution adopted and certified under	126823
division (A) of this section.	126824

(3) The number of years the tax will be levied, or that it	126825
will be levied for a continuing period of time;	126826

(4) The date on which the tax shall take effect, which shall	126827
be the first day of January of any year following the year in	126828
which the question is submitted;	126829

(5) The county auditor's estimate of the average annual	126830
property tax rate required throughout the stated maturity of the	126831
bonds to pay debt charges on the bonds.	126832

(C) A resolution adopted under division (B) of this section	126833
shall go into immediate effect upon its passage, and no	126834
publication of the resolution shall be necessary other than that	126835
provided for in the notice of election. Immediately after its	126836
adoption and at least ninety days prior to the election at which	126837
the question will appear on the ballot, the board of education	126838
shall certify a copy of the resolution, along with copies of the	126839
auditor's estimate and its resolution under division (A) of this	126840
section, to the board of elections of the proper county. The board	126841
of education shall make the arrangements for the submission of the	126842
question to the electors of the school district, and the election	126843
shall be conducted, canvassed, and certified in the same manner as	126844
regular elections in the district for the election of county	126845
officers.	126846

The resolution shall be put before the electors as one ballot	126847
question, with a majority vote indicating approval of the school	126848
district income tax, the bond issue, and the levy to pay debt	126849
charges on the bonds and any anticipatory securities. The board of	126850
elections shall publish the notice of the election in ~~one or more~~	126851
~~newspapers~~a newspaper of general circulation in the school	126852
district once a week for two consecutive weeks, or as provided in	126853
section 7.16 of the Revised Code, prior to the election ~~and, if~~.	126854
If the board of elections operates and maintains a web site, it	126855
also shall post notice of the election on its web site for thirty	126856
days prior to the election. The notice of election shall state all	126857
of the following:	126858

(1) The questions to be submitted to the electors;

126859

(2) The rate of the school district income tax;

126860

(3) The principal amount of the proposed bond issue;

126861

(4) The permanent improvements for which the bonds are to be	126862
issued;	126863

(5) The maximum number of years over which the principal of	126864
the bonds may be paid;	126865

(6) The estimated additional average annual property tax rate	126866
to pay the debt charges on the bonds, as certified by the county	126867
auditor;	126868

(7) The time and place of the special election.

126869

(D) The form of the ballot on a question submitted to the	126870
electors under this section shall be as follows:	126871

"Shall the ........ school district be authorized to do both	126872
of the following:	126873

(1) Impose an annual income tax of ...... (state the proposed	126874
rate of tax) on the school district income of individuals and of	126875
estates, for ........ (state the number of years the tax would be	126876
levied, or that it would be levied for a continuing period of	126877
time), beginning ........ (state the date the tax would first take	126878
effect), for the purpose of ........ (state the purpose of the	126879
tax)?	126880

(2) Issue bonds for the purpose of ....... in the principal	126881
amount of $......, to be repaid annually over a maximum period of	126882
....... years, and levy a property tax outside the ten-mill	126883
limitation estimated by the county auditor to average over the	126884
bond repayment period ....... mills for each one dollar of tax	126885
valuation, which amounts to ....... (rate expressed in cents or	126886
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	126887
tax valuation, to pay the annual debt charges on the bonds, and to	126888
pay debt charges on any notes issued in anticipation of those	126889
bonds?	126890

126891

		FOR THE INCOME TAX AND BOND ISSUE			126892
		AGAINST THE INCOME TAX AND BOND ISSUE	"		126893

126894

(E) If the question submitted to electors proposes a school	126895
district income tax only on the taxable income of individuals as	126896
defined in division (E)(1)(b) of section 5748.01 of the Revised	126897
Code, the form of the ballot shall be modified by stating that the	126898
tax is to be levied on the "earned income of individuals residing	126899
in the school district" in lieu of the "school district income of	126900
individuals and of estates."	126901

(F) The board of elections promptly shall certify the results	126902
of the election to the tax commissioner and the county auditor of	126903
the county in which the school district is located. If a majority	126904
of the electors voting on the question vote in favor of it, the	126905
income tax and the applicable provisions of Chapter 5747. of the	126906
Revised Code shall take effect on the date specified in the	126907
resolution, and the board of education may proceed with issuance	126908
of the bonds and with the levy and collection of the property	126909
taxes to pay debt charges on the bonds, at the additional rate or	126910
any lesser rate in excess of the ten-mill limitation. Any	126911
securities issued by the board of education under this section are	126912
Chapter 133. securities, as that term is defined in section 133.01	126913
of the Revised Code.	126914

(G) After approval of a question under this section, the	126915
board of education may anticipate a fraction of the proceeds of	126916
the school district income tax in accordance with section 5748.05	126917
of the Revised Code. Any anticipation notes under this division	126918
shall be issued as provided in section 133.24 of the Revised Code,	126919
shall have principal payments during each year after the year of	126920
their issuance over a period not to exceed five years, and may	126921
have a principal payment in the year of their issuance.	126922

(H) The question of repeal of a school district income tax	126923
levied for more than five years may be initiated and submitted in	126924
accordance with section 5748.04 of the Revised Code.	126925

(I) No board of education shall submit a question under this	126926
section to the electors of the school district more than twice in	126927
any calendar year. If a board submits the question twice in any	126928
calendar year, one of the elections on the question shall be held	126929
on the date of the general election.	126930

Sec. 5748.081. A board of education of a school district	126931
that, under divisions (A)(1), (D)(1), and (E) of section 5748.08	126932
or under section 5748.09 of the Revised Code, levies a tax on the	126933
school district income of individuals and estates as defined in	126934
divisions (G) and (E)(1)(a) and (2) of section 5748.01 of the	126935
Revised Code may replace that tax with a tax on the school	126936
district income of individuals as defined in divisions (G)(1) and	126937
(E)(1)(b) of section 5748.01 of the Revised Code by following the	126938
procedure outlined in, and subject to the conditions specified in,	126939
section 5748.021 of the Revised Code, as if the existing tax	126940
levied under section 5748.08 or 5748.09 were levied under section	126941
5748.02 of the Revised Code. The tax commissioner and the board of	126942
elections shall perform duties in response to the actions of the	126943
board of education under this section as directed in section	126944
5748.021 of the Revised Code.	126945

Sec. 5748.09. (A) The board of education of a city, local, or	126946
exempted village school district, at any time by a vote of	126947
two-thirds of all its members, may declare by resolution that it	126948
may be necessary for the school district to do all of the	126949
following:	126950

(1) Raise a specified amount of money for school district	126951
purposes by levying an annual tax on school district income;	126952

(2) Levy an additional property tax in excess of the ten-mill	126953
limitation for the purpose of providing for the necessary	126954
requirements of the district, stating in the resolution the amount	126955
of money to be raised each year for such purpose;	126956

(3) Submit the question of the school district income tax and	126957
property tax to the electors of the district at a special	126958
election.	126959

The resolution shall specify whether the income that is to be	126960
subject to the tax is taxable income of individuals and estates as	126961
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	126962
Revised Code or taxable income of individuals as defined in	126963
division (E)(1)(b) of that section.	126964

On adoption of the resolution, the board shall certify a copy	126965
of it to the tax commissioner and the county auditor not later	126966
than one hundred days prior to the date of the special election at	126967
which the board intends to propose the income tax and property	126968
tax. Not later than ten days after receipt of the resolution, the	126969
tax commissioner, in the same manner as required by division (A)	126970
of section 5748.02 of the Revised Code, shall estimate the rates	126971
designated in divisions (A)(1) and (2) of that section and certify	126972
them to the board. Not later than ten days after receipt of the	126973
resolution, the county auditor, in the same manner as required by	126974
section 5705.195 of the Revised Code, shall make the calculation	126975
specified in that section and certify it to the board.	126976

(B) On receipt of the tax commissioner's and county auditor's	126977
certifications prepared under division (A) of this section, the	126978
board of education of the city, local, or exempted village school	126979
district, by a vote of two-thirds of all its members, may adopt a	126980
resolution declaring that the amount of taxes that can be raised	126981
by all tax levies the district is authorized to impose, when	126982
combined with state and federal revenues, will be insufficient to	126983
provide an adequate amount for the present and future requirements	126984
of the school district, and that it is therefore necessary to	126985
levy, for a specified number of years or for a continuing period	126986
of time, an annual tax for school district purposes on school	126987
district income, and to levy, for a specified number of years not	126988
exceeding ten or for a continuing period of time, an additional	126989
property tax in excess of the ten-mill limitation for the purpose	126990
of providing for the necessary requirements of the district, and	126991
declaring that the question of the school district income tax and	126992
property tax shall be submitted to the electors of the school	126993
district at a special election, which shall not be earlier than	126994
ninety days after certification of the resolution to the board of	126995
elections, and the date of which shall be consistent with section	126996
3501.01 of the Revised Code. The resolution shall specify all of	126997
the following:	126998

(1) The purpose for which the school district income tax is	126999
to be imposed and the rate of the tax, which shall be the rate set	127000
forth in the tax commissioner's certification rounded to the	127001
nearest one-fourth of one per cent;	127002

(2) Whether the income that is to be subject to the tax is	127003
taxable income of individuals and estates as defined in divisions	127004
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	127005
taxable income of individuals as defined in division (E)(1)(b) of	127006
that section. The specification shall be the same as the	127007
specification in the resolution adopted and certified under	127008
division (A) of this section.	127009

(3) The number of years the school district income tax will	127010
be levied, or that it will be levied for a continuing period of	127011
time;	127012

(4) The date on which the school district income tax shall	127013
take effect, which shall be the first day of January of any year	127014
following the year in which the question is submitted;	127015

(5) The amount of money it is necessary to raise for the	127016
purpose of providing for the necessary requirements of the	127017
district for each year the property tax is to be imposed;	127018

(6) The number of years the property tax will be levied, or	127019
that it will be levied for a continuing period of time;	127020

(7) The tax list upon which the property tax shall be first	127021
levied, which may be the current year's tax list;	127022

(8) The amount of the average tax levy, expressed in dollars	127023
and cents for each one hundred dollars of valuation as well as in	127024
mills for each one dollar of valuation, estimated by the county	127025
auditor under division (A) of this section.	127026

(C) A resolution adopted under division (B) of this section	127027
shall go into immediate effect upon its passage, and no	127028
publication of the resolution shall be necessary other than that	127029
provided for in the notice of election. Immediately after its	127030
adoption and at least ninety days prior to the election at which	127031
the question will appear on the ballot, the board of education	127032
shall certify a copy of the resolution, along with copies of the	127033
county auditor's certification and the resolution under division	127034
(A) of this section, to the board of elections of the proper	127035
county. The board of education shall make the arrangements for the	127036
submission of the question to the electors of the school district,	127037
and the election shall be conducted, canvassed, and certified in	127038
the same manner as regular elections in the district for the	127039
election of county officers.	127040

The resolution shall be put before the electors as one ballot	127041
question, with a majority vote indicating approval of the school	127042
district income tax and the property tax. The board of elections	127043
shall publish the notice of the election in a newspaper of general	127044
circulation in the school district once a week for two consecutive	127045
weeks, or as provided in section 7.16 of the Revised Code, prior	127046
to the election. If the board of elections operates and maintains	127047
a web site, also shall post notice of the election on its web site	127048
for thirty days prior to the election. The notice of election	127049
shall state all of the following:	127050

(1) The questions to be submitted to the electors as a single	127051
ballot question;	127052

(2) The rate of the school district income tax;

127053

(3) The number of years the school district income tax will	127054
be levied or that it will be levied for a continuing period of	127055
time;	127056

(4) The annual proceeds of the proposed property tax levy for	127057
the purpose of providing for the necessary requirements of the	127058
district;	127059

(5) The number of years during which the property tax levy	127060
shall be levied, or that it shall be levied for a continuing	127061
period of time;	127062

(6) The estimated average additional tax rate of the property	127063
tax, expressed in dollars and cents for each one hundred dollars	127064
of valuation as well as in mills for each one dollar of valuation,	127065
outside the limitation imposed by Section 2 of Article XII, Ohio	127066
Constitution, as certified by the county auditor;	127067

(7) The time and place of the special election.

127068

(D) The form of the ballot on a question submitted to the	127069
electors under this section shall be as follows:	127070

"Shall the ..... school district be authorized to do both of	127071
the following:	127072

(1) Impose an annual income tax of ...... (state the proposed	127073
rate of tax) on the school district income of individuals and of	127074
estates, for ........ (state the number of years the tax would be	127075
levied, or that it would be levied for a continuing period of	127076
time), beginning ........ (state the date the tax would first take	127077
effect), for the purpose of ........ (state the purpose of the	127078
tax)?	127079

(2) Impose a property tax levy outside of the ten-mill	127080
limitation for the purpose of providing for the necessary	127081
requirements of the district in the sum of ..................	127082
(here insert annual amount the levy is to produce), estimated by	127083
the county auditor to average ................ (here insert number	127084
of mills) mills for each one dollar of valuation, which amounts to	127085
................ (here insert rate expressed in dollars and cents)	127086
for each one hundred dollars of valuation, for ..............	127087
(state the number of years the tax is to be imposed or that it	127088
will be imposed for a continuing period of time), commencing in	127089
.......... (first year the tax is to be levied), first due in	127090
calendar year ............ (first calendar year in which the tax	127091
shall be due)?	127092

127093

		FOR THE INCOME TAX AND PROPERTY TAX			127094
		AGAINST THE INCOME TAX AND PROPERTY TAX	"		127095

127096

If the question submitted to electors proposes a school	127097
district income tax only on the taxable income of individuals as	127098
defined in division (E)(1)(b) of section 5748.01 of the Revised	127099
Code, the form of the ballot shall be modified by stating that the	127100
tax is to be levied on the "earned income of individuals residing	127101
in the school district" in lieu of the "school district income of	127102
individuals and of estates."	127103

(E) The board of elections promptly shall certify the results	127104
of the election to the tax commissioner and the county auditor of	127105
the county in which the school district is located. If a majority	127106
of the electors voting on the question vote in favor of it:	127107

(1) The income tax and the applicable provisions of Chapter	127108
5747. of the Revised Code shall take effect on the date specified	127109
in the resolution.	127110

(2) The board of education of the school district may make	127111
the additional property tax levy necessary to raise the amount	127112
specified on the ballot for the purpose of providing for the	127113
necessary requirements of the district. The property tax levy	127114
shall be included in the next tax budget that is certified to the	127115
county budget commission.	127116

(F)(1) After approval of a question under this section, the	127117
board of education may anticipate a fraction of the proceeds of	127118
the school district income tax in accordance with section 5748.05	127119
of the Revised Code. Any anticipation notes under this division	127120
shall be issued as provided in section 133.24 of the Revised Code,	127121
shall have principal payments during each year after the year of	127122
their issuance over a period not to exceed five years, and may	127123
have a principal payment in the year of their issuance.	127124

(2) After the approval of a question under this section and	127125
prior to the time when the first tax collection from the property	127126
tax levy can be made, the board of education may anticipate a	127127
fraction of the proceeds of the levy and issue anticipation notes	127128
in an amount not exceeding the total estimated proceeds of the	127129
levy to be collected during the first year of the levy. Any	127130
anticipation notes under this division shall be issued as provided	127131
in section 133.24 of the Revised Code, shall have principal	127132
payments during each year after the year of their issuance over a	127133
period not to exceed five years, and may have a principal payment	127134
in the year of their issuance.	127135

(G)(1) The question of repeal of a school district income tax	127136
levied for more than five years may be initiated and submitted in	127137
accordance with section 5748.04 of the Revised Code.	127138

(2) A property tax levy for a continuing period of time may	127139
be reduced in the manner provided under section 5705.261 of the	127140
Revised Code.	127141

(H) No board of education shall submit a question under this	127142
section to the electors of the school district more than twice in	127143
any calendar year. If a board submits the question twice in any	127144
calendar year, one of the elections on the question shall be held	127145
on the date of the general election.	127146

(I) If the electors of the school district approve a question	127147
under this section, and if the last calendar year the school	127148
district income tax is in effect and the last calendar year of	127149
collection of the property tax are the same, the board of	127150
education of the school district may propose to submit under this	127151
section the combined question of a school district income tax to	127152
take effect upon the expiration of the existing income tax and a	127153
property tax to be first collected in the calendar year after the	127154
calendar year of last collection of the existing property tax, and	127155
specify in the resolutions adopted under this section that the	127156
proposed taxes would renew the existing taxes. The form of the	127157
ballot on a question submitted to the electors under division (I)	127158
of this section shall be as follows:	127159

"Shall the ........ school district be authorized to do both	127160
of the following:	127161

(1) Impose an annual income tax of ....... (state the	127162
proposed rate of tax) on the school district income of individuals	127163
and of estates to renew an income tax expiring at the end of	127164
....... (state the last year the existing income tax may be	127165
levied) for ....... (state the number of years the tax would be	127166
levied, or that it would be levied for a continuing period of	127167
time), beginning ....... (state the date the tax would first take	127168
effect), for the purpose of ....... (state the purpose of the	127169
tax)?	127170

(2) Impose a property tax levy renewing an existing levy	127171
outside of the ten-mill limitation for the purpose of providing	127172
for the necessary requirements of the district in the sum of	127173
................... (here insert annual amount the levy is to	127174
produce), estimated by the county auditor to average	127175
................. (here insert number of mills) mills for each one	127176
dollar of valuation, which amounts to ................. (here	127177
insert rate expressed in dollars and cents) for each one hundred	127178
dollars of valuation, for ............. (state the number of years	127179
the tax is to be imposed or that it will be imposed for a	127180
continuing period of time), commencing in ........... (first year	127181
the tax is to be levied), first due in calendar year ............	127182
(first calendar year in which the tax shall be due)?	127183

127184

		FOR THE INCOME TAX AND PROPERTY TAX			127185
		AGAINST THE INCOME TAX AND PROPERTY TAX	"		127186

127187

If the question submitted to electors proposes a school	127188
district income tax only on the taxable income of individuals as	127189
defined in division (E)(1)(b) of section 5748.01 of the Revised	127190
Code, the form of the ballot shall be modified by stating that the	127191
tax is to be levied on the "earned income of individuals residing	127192
in the school district" in lieu of the "school district income of	127193
individuals and of estates."	127194

The question of a renewal levy under this division shall not	127195
be placed on the ballot unless the question is submitted on a date	127196
on which a special election may be held under section 3501.01 of	127197
the Revised Code, except for the first Tuesday after the first	127198
Monday in February and August, during the last year the property	127199
tax levy to be renewed may be extended on the real and public	127200
utility property tax list and duplicate, or at any election held	127201
in the ensuing year.	127202

(J) If the electors of the school district approve a question	127203
under this section, the board of education of the school district	127204
may propose to renew either or both of the existing taxes as	127205
individual ballot questions in accordance with section 5748.02 of	127206
the Revised Code for the school district income tax, or section	127207
5705.194 of the Revised Code for the property tax.	127208

Sec. 5751.01. As used in this chapter:

127209

(A) "Person" means, but is not limited to, individuals,	127210
combinations of individuals of any form, receivers, assignees,	127211
trustees in bankruptcy, firms, companies, joint-stock companies,	127212
business trusts, estates, partnerships, limited liability	127213
partnerships, limited liability companies, associations, joint	127214
ventures, clubs, societies, for-profit corporations, S	127215
corporations, qualified subchapter S subsidiaries, qualified	127216
subchapter S trusts, trusts, entities that are disregarded for	127217
federal income tax purposes, and any other entities.	127218

(B) "Consolidated elected taxpayer" means a group of two or	127219
more persons treated as a single taxpayer for purposes of this	127220
chapter as the result of an election made under section 5751.011	127221
of the Revised Code.	127222

(C) "Combined taxpayer" means a group of two or more persons	127223
treated as a single taxpayer for purposes of this chapter under	127224
section 5751.012 of the Revised Code.	127225

(D) "Taxpayer" means any person, or any group of persons in	127226
the case of a consolidated elected taxpayer or combined taxpayer	127227
treated as one taxpayer, required to register or pay tax under	127228
this chapter. "Taxpayer" does not include excluded persons.	127229

(E) "Excluded person" means any of the following:

127230

(1) Any person with not more than one hundred fifty thousand	127231
dollars of taxable gross receipts during the calendar year.	127232
Division (E)(1) of this section does not apply to a person that is	127233
a member of a consolidated elected taxpayer;	127234

(2) A public utility that paid the excise tax imposed by	127235
section 5727.24 or 5727.30 of the Revised Code based on one or	127236
more measurement periods that include the entire tax period under	127237
this chapter, except that a public utility that is a combined	127238
company is a taxpayer with regard to the following gross receipts:	127239

(a) Taxable gross receipts directly attributed to a public	127240
utility activity, but not directly attributed to an activity that	127241
is subject to the excise tax imposed by section 5727.24 or 5727.30	127242
of the Revised Code;	127243

(b) Taxable gross receipts that cannot be directly attributed	127244
to any activity, multiplied by a fraction whose numerator is the	127245
taxable gross receipts described in division (E)(2)(a) of this	127246
section and whose denominator is the total taxable gross receipts	127247
that can be directly attributed to any activity;	127248

(c) Except for any differences resulting from the use of an	127249
accrual basis method of accounting for purposes of determining	127250
gross receipts under this chapter and the use of the cash basis	127251
method of accounting for purposes of determining gross receipts	127252
under section 5727.24 of the Revised Code, the gross receipts	127253
directly attributed to the activity of a natural gas company shall	127254
be determined in a manner consistent with division (D) of section	127255
5727.03 of the Revised Code.	127256

As used in division (E)(2) of this section, "combined	127257
company" and "public utility" have the same meanings as in section	127258
5727.01 of the Revised Code.	127259

(3) A financial institution, as defined in section 5725.01 of	127260
the Revised Code, that paid the corporation franchise tax charged	127261
by division (D) of section 5733.06 of the Revised Code based on	127262
one or more taxable years that include the entire tax period under	127263
this chapter;	127264

(4) A dealer in intangibles, as defined in section 5725.01 of	127265
the Revised Code, that paid the dealer in intangibles tax levied	127266
by division (D) of section 5707.03 of the Revised Code based on	127267
one or more measurement periods that include the entire tax period	127268
under this chapter;	127269

(5) A financial holding company as defined in the "Bank	127270
Holding Company Act," 12 U.S.C. 1841(p);	127271

(6) A bank holding company as defined in the "Bank Holding	127272
Company Act," 12 U.S.C. 1841(a);	127273

(7) A savings and loan holding company as defined in the	127274
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	127275
only in activities or investments permissible for a financial	127276
holding company under 12 U.S.C. 1843(k);	127277

(8) A person directly or indirectly owned by one or more	127278
financial institutions, financial holding companies, bank holding	127279
companies, or savings and loan holding companies described in	127280
division (E)(3), (5), (6), or (7) of this section that is engaged	127281
in activities permissible for a financial holding company under 12	127282
U.S.C. 1843(k), except that any such person held pursuant to	127283
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12	127284
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person	127285
directly or indirectly owned by one or more insurance companies	127286
described in division (E)(9) of this section that is authorized to	127287
do the business of insurance in this state.	127288

For the purposes of division (E)(8) of this section, a person	127289
owns another person under the following circumstances:	127290

(a) In the case of corporations issuing capital stock, one	127291
corporation owns another corporation if it owns fifty per cent or	127292
more of the other corporation's capital stock with current voting	127293
rights;	127294

(b) In the case of a limited liability company, one person	127295
owns the company if that person's membership interest, as defined	127296
in section 1705.01 of the Revised Code, is fifty per cent or more	127297
of the combined membership interests of all persons owning such	127298
interests in the company;	127299

(c) In the case of a partnership, trust, or other	127300
unincorporated business organization other than a limited	127301
liability company, one person owns the organization if, under the	127302
articles of organization or other instrument governing the affairs	127303
of the organization, that person has a beneficial interest in the	127304
organization's profits, surpluses, losses, or distributions of	127305
fifty per cent or more of the combined beneficial interests of all	127306
persons having such an interest in the organization;	127307

(d) In the case of multiple ownership, the ownership	127308
interests of more than one person may be aggregated to meet the	127309
fifty per cent ownership tests in this division only when each	127310
such owner is described in division (E)(3), (5), (6), or (7) of	127311
this section and is engaged in activities permissible for a	127312
financial holding company under 12 U.S.C. 1843(k) or is a person	127313
directly or indirectly owned by one or more insurance companies	127314
described in division (E)(9) of this section that is authorized to	127315
do the business of insurance in this state.	127316

(9) A domestic insurance company or foreign insurance	127317
company, as defined in section 5725.01 of the Revised Code, that	127318
paid the insurance company premiums tax imposed by section 5725.18	127319
or Chapter 5729. of the Revised Code based on one or more	127320
measurement periods that include the entire tax period under this	127321
chapter;	127322

(10) A person that solely facilitates or services one or more	127323
securitizations or similar transactions for any person described	127324
in division (E)(3), (5), (6), (7), (8), or (9) of this section.	127325
For purposes of this division, "securitization" means transferring	127326
one or more assets to one or more persons and then issuing	127327
securities backed by the right to receive payment from the asset	127328
or assets so transferred.	127329

(11) Except as otherwise provided in this division, a	127330
pre-income tax trust as defined in division (FF)(4) of section	127331
5747.01 of the Revised Code and any pass-through entity of which	127332
such pre-income tax trust owns or controls, directly, indirectly,	127333
or constructively through related interests, more than five per	127334
cent of the ownership or equity interests. If the pre-income tax	127335
trust has made a qualifying pre-income tax trust election under	127336
division (FF)(3) of section 5747.01 of the Revised Code, then the	127337
trust and the pass-through entities of which it owns or controls,	127338
directly, indirectly, or constructively through related interests,	127339
more than five per cent of the ownership or equity interests,	127340
shall not be excluded persons for purposes of the tax imposed	127341
under section 5751.02 of the Revised Code.	127342

(12) Nonprofit organizations or the state and its agencies,	127343
instrumentalities, or political subdivisions.	127344

(F) Except as otherwise provided in divisions (F)(2), (3),	127345
and (4) of this section, "gross receipts" means the total amount	127346
realized by a person, without deduction for the cost of goods sold	127347
or other expenses incurred, that contributes to the production of	127348
gross income of the person, including the fair market value of any	127349
property and any services received, and any debt transferred or	127350
forgiven as consideration. In the case of a person that is a	127351
casino operator of casino facilities, as those terms are defined	127352
in section 3772.01 of the Revised Code, "gross receipts" for the	127353
purposes of this chapter only shall be determined without	127354
deduction for any winnings paid to wagerers.	127355

(1) The following are examples of gross receipts:

127356

(a) Amounts realized from the sale, exchange, or other	127357
disposition of the taxpayer's property to or with another;	127358

(b) Amounts realized from the taxpayer's performance of	127359
services for another;	127360

(c) Amounts realized from another's use or possession of the	127361
taxpayer's property or capital;	127362

(d) Any combination of the foregoing amounts.

127363

(2) "Gross receipts" excludes the following amounts:

127364

(a) Interest income except interest on credit sales;

127365

(b) Dividends and distributions from corporations, and	127366
distributive or proportionate shares of receipts and income from a	127367
pass-through entity as defined under section 5733.04 of the	127368
Revised Code;	127369

(c) Receipts from the sale, exchange, or other disposition of	127370
an asset described in section 1221 or 1231 of the Internal Revenue	127371
Code, without regard to the length of time the person held the	127372
asset. Notwithstanding section 1221 of the Internal Revenue Code,	127373
receipts from hedging transactions also are excluded to the extent	127374
the transactions are entered into primarily to protect a financial	127375
position, such as managing the risk of exposure to (i) foreign	127376
currency fluctuations that affect assets, liabilities, profits,	127377
losses, equity, or investments in foreign operations; (ii)	127378
interest rate fluctuations; or (iii) commodity price fluctuations.	127379
As used in division (F)(2)(c) of this section, "hedging	127380
transaction" has the same meaning as used in section 1221 of the	127381
Internal Revenue Code and also includes transactions accorded	127382
hedge accounting treatment under statement of financial accounting	127383
standards number 133 of the financial accounting standards board.	127384
For the purposes of division (F)(2)(c) of this section, the actual	127385
transfer of title of real or tangible personal property to another	127386
entity is not a hedging transaction.	127387

(d) Proceeds received attributable to the repayment,	127388
maturity, or redemption of the principal of a loan, bond, mutual	127389
fund, certificate of deposit, or marketable instrument;	127390

(e) The principal amount received under a repurchase	127391
agreement or on account of any transaction properly characterized	127392
as a loan to the person;	127393

(f) Contributions received by a trust, plan, or other	127394
arrangement, any of which is described in section 501(a) of the	127395
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	127396
1, Subchapter (D) of the Internal Revenue Code applies;	127397

(g) Compensation, whether current or deferred, and whether in	127398
cash or in kind, received or to be received by an employee, former	127399
employee, or the employee's legal successor for services rendered	127400
to or for an employer, including reimbursements received by or for	127401
an individual for medical or education expenses, health insurance	127402
premiums, or employee expenses, or on account of a dependent care	127403
spending account, legal services plan, any cafeteria plan	127404
described in section 125 of the Internal Revenue Code, or any	127405
similar employee reimbursement;	127406

(h) Proceeds received from the issuance of the taxpayer's own	127407
stock, options, warrants, puts, or calls, or from the sale of the	127408
taxpayer's treasury stock;	127409

(i) Proceeds received on the account of payments from	127410
insurance policies, except those proceeds received for the loss of	127411
business revenue;	127412

(j) Gifts or charitable contributions received; membership	127413
dues received by trade, professional, homeowners', or condominium	127414
associations; and payments received for educational courses,	127415
meetings, meals, or similar payments to a trade, professional, or	127416
other similar association; and fundraising receipts received by	127417
any person when any excess receipts are donated or used	127418
exclusively for charitable purposes;	127419

(k) Damages received as the result of litigation in excess of	127420
amounts that, if received without litigation, would be gross	127421
receipts;	127422

(l) Property, money, and other amounts received or acquired	127423
by an agent on behalf of another in excess of the agent's	127424
commission, fee, or other remuneration;	127425

(m) Tax refunds, other tax benefit recoveries, and	127426
reimbursements for the tax imposed under this chapter made by	127427
entities that are part of the same combined taxpayer or	127428
consolidated elected taxpayer group, and reimbursements made by	127429
entities that are not members of a combined taxpayer or	127430
consolidated elected taxpayer group that are required to be made	127431
for economic parity among multiple owners of an entity whose tax	127432
obligation under this chapter is required to be reported and paid	127433
entirely by one owner, pursuant to the requirements of sections	127434
5751.011 and 5751.012 of the Revised Code;	127435

(n) Pension reversions;

127436

(o) Contributions to capital;

127437

(p) Sales or use taxes collected as a vendor or an	127438
out-of-state seller on behalf of the taxing jurisdiction from a	127439
consumer or other taxes the taxpayer is required by law to collect	127440
directly from a purchaser and remit to a local, state, or federal	127441
tax authority;	127442

(q) In the case of receipts from the sale of cigarettes or	127443
tobacco products by a wholesale dealer, retail dealer,	127444
distributor, manufacturer, or seller, all as defined in section	127445
5743.01 of the Revised Code, an amount equal to the federal and	127446
state excise taxes paid by any person on or for such cigarettes or	127447
tobacco products under subtitle E of the Internal Revenue Code or	127448
Chapter 5743. of the Revised Code;	127449

(r) In the case of receipts from the sale of motor fuel by a	127450
licensed motor fuel dealer, licensed retail dealer, or licensed	127451
permissive motor fuel dealer, all as defined in section 5735.01 of	127452
the Revised Code, an amount equal to federal and state excise	127453
taxes paid by any person on such motor fuel under section 4081 of	127454
the Internal Revenue Code or Chapter 5735. of the Revised Code;	127455

(s) In the case of receipts from the sale of beer or	127456
intoxicating liquor, as defined in section 4301.01 of the Revised	127457
Code, by a person holding a permit issued under Chapter 4301. or	127458
4303. of the Revised Code, an amount equal to federal and state	127459
excise taxes paid by any person on or for such beer or	127460
intoxicating liquor under subtitle E of the Internal Revenue Code	127461
or Chapter 4301. or 4305. of the Revised Code;	127462

(t) Receipts realized by a new motor vehicle dealer or used	127463
motor vehicle dealer, as defined in section 4517.01 of the Revised	127464
Code, from the sale or other transfer of a motor vehicle, as	127465
defined in that section, to another motor vehicle dealer for the	127466
purpose of resale by the transferee motor vehicle dealer, but only	127467
if the sale or other transfer was based upon the transferee's need	127468
to meet a specific customer's preference for a motor vehicle;	127469

(u) Receipts from a financial institution described in	127470
division (E)(3) of this section for services provided to the	127471
financial institution in connection with the issuance, processing,	127472
servicing, and management of loans or credit accounts, if such	127473
financial institution and the recipient of such receipts have at	127474
least fifty per cent of their ownership interests owned or	127475
controlled, directly or constructively through related interests,	127476
by common owners;	127477

(v) Receipts realized from administering anti-neoplastic	127478
drugs and other cancer chemotherapy, biologicals, therapeutic	127479
agents, and supportive drugs in a physician's office to patients	127480
with cancer;	127481

(w) Funds received or used by a mortgage broker that is not a	127482
dealer in intangibles, other than fees or other consideration,	127483
pursuant to a table-funding mortgage loan or warehouse-lending	127484
mortgage loan. Terms used in division (F)(2)(w) of this section	127485
have the same meanings as in section 1322.01 of the Revised Code,	127486
except "mortgage broker" means a person assisting a buyer in	127487
obtaining a mortgage loan for a fee or other consideration paid by	127488
the buyer or a lender, or a person engaged in table-funding or	127489
warehouse-lending mortgage loans that are first lien mortgage	127490
loans.	127491

(x) Property, money, and other amounts received by a	127492
professional employer organization, as defined in section 4125.01	127493
of the Revised Code, from a client employer, as defined in that	127494
section, in excess of the administrative fee charged by the	127495
professional employer organization to the client employer;	127496

(y) In the case of amounts retained as commissions by a	127497
permit holder under Chapter 3769. of the Revised Code, an amount	127498
equal to the amounts specified under that chapter that must be	127499
paid to or collected by the tax commissioner as a tax and the	127500
amounts specified under that chapter to be used as purse money;	127501

(z) Qualifying distribution center receipts.

127502

(i) For purposes of division (F)(2)(z) of this section:

127503

(I) "Qualifying distribution center receipts" means receipts	127504
of a supplier from qualified property that is delivered to a	127505
qualified distribution center, multiplied by a quantity that	127506
equals one minus the Ohio delivery percentage.	127507

(II) "Qualified property" means tangible personal property	127508
delivered to a qualified distribution center that is shipped to	127509
that qualified distribution center solely for further shipping by	127510
the qualified distribution center to another location in this	127511
state or elsewhere. "Further shipping" includes storing and	127512
repackaging such property into smaller or larger bundles, so long	127513
as such property is not subject to further manufacturing or	127514
processing.	127515

(III) "Qualified distribution center" means a warehouse or	127516
other similar facility in this state that, for the qualifying	127517
year, is operated by a person that is not part of a combined	127518
taxpayer group and that has a qualifying certificate. However, all	127519
warehouses or other similar facilities that are operated by	127520
persons in the same taxpayer group and that are located within one	127521
mile of each other shall be treated as one qualified distribution	127522
center.	127523

(IV) "Qualifying year" means the calendar year to which the	127524
qualifying certificate applies.	127525

(V) "Qualifying period" means the period of the first day of	127526
July of the second year preceding the qualifying year through the	127527
thirtieth day of June of the year preceding the qualifying year.	127528

(VI) "Qualifying certificate" means the certificate issued by	127529
the tax commissioner after the operator of a distribution center	127530
files an annual application with the commissioner. The application	127531
and annual fee shall be filed and paid for each qualified	127532
distribution center on or before the first day of September before	127533
the qualifying year or within forty-five days after the	127534
distribution center opens, whichever is later.	127535

The applicant must substantiate to the commissioner's	127536
satisfaction that, for the qualifying period, all persons	127537
operating the distribution center have more than fifty per cent of	127538
the cost of the qualified property shipped to a location such that	127539
it would be sitused outside this state under the provisions of	127540
division (E) of section 5751.033 of the Revised Code. The	127541
applicant must also substantiate that the distribution center	127542
cumulatively had costs from its suppliers equal to or exceeding	127543
five hundred million dollars during the qualifying period. (For	127544
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"	127545
excludes any person that is part of the consolidated elected	127546
taxpayer group, if applicable, of the operator of the qualified	127547
distribution center.) The commissioner may require the applicant	127548
to have an independent certified public accountant certify that	127549
the calculation of the minimum thresholds required for a qualified	127550
distribution center by the operator of a distribution center has	127551
been made in accordance with generally accepted accounting	127552
principles. The commissioner shall issue or deny the issuance of a	127553
certificate within sixty days after the receipt of the	127554
application. A denial is subject to appeal under section 5717.02	127555
of the Revised Code. If the operator files a timely appeal under	127556
section 5717.02 of the Revised Code, the operator shall be granted	127557
a qualifying certificate, provided that the operator is liable for	127558
any tax, interest, or penalty upon amounts claimed as qualifying	127559
distribution center receipts, other than those receipts exempt	127560
under division (C)(1) of section 5751.011 of the Revised Code,	127561
that would have otherwise not been owed by its suppliers if the	127562
qualifying certificate was valid.	127563

(VII) "Ohio delivery percentage" means the proportion of the	127564
total property delivered to a destination inside Ohio from the	127565
qualified distribution center during the qualifying period	127566
compared with total deliveries from such distribution center	127567
everywhere during the qualifying period.	127568

(ii) If the distribution center is new and was not open for	127569
the entire qualifying period, the operator of the distribution	127570
center may request that the commissioner grant a qualifying	127571
certificate. If the certificate is granted and it is later	127572
determined that more than fifty per cent of the qualified property	127573
during that year was not shipped to a location such that it would	127574
be sitused outside of this state under the provisions of division	127575
(E) of section 5751.033 of the Revised Code or if it is later	127576
determined that the person that operates the distribution center	127577
had average monthly costs from its suppliers of less than forty	127578
million dollars during that year, then the operator of the	127579
distribution center shall be liable for any tax, interest, or	127580
penalty upon amounts claimed as qualifying distribution center	127581
receipts, other than those receipts exempt under division (C)(1)	127582
of section 5751.011 of the Revised Code, that would have not	127583
otherwise been owed by its suppliers during the qualifying year if	127584
the qualifying certificate was valid. (For purposes of division	127585
(F)(2)(z)(ii) of this section, "supplier" excludes any person that	127586
is part of the consolidated elected taxpayer group, if applicable,	127587
of the operator of the qualified distribution center.)	127588

(iii) When filing an application for a qualifying certificate	127589
under division (F)(2)(z)(i)(VI) of this section, the operator of a	127590
qualified distribution center also shall provide documentation, as	127591
the commissioner requires, for the commissioner to ascertain the	127592
Ohio delivery percentage. The commissioner, upon issuing the	127593
qualifying certificate, also shall certify the Ohio delivery	127594
percentage. The operator of the qualified distribution center may	127595
appeal the commissioner's certification of the Ohio delivery	127596
percentage in the same manner as an appeal is taken from the	127597
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)	127598
of this section.	127599

Within thirty days after all appeals have been exhausted, the	127600
operator of the qualified distribution center shall notify the	127601
affected suppliers of qualified property that such suppliers are	127602
required to file, within sixty days after receiving notice from	127603
the operator of the qualified distribution center, amended reports	127604
for the impacted calendar quarter or quarters or calendar year,	127605
whichever the case may be. Any additional tax liability or tax	127606
overpayment shall be subject to interest but shall not be subject	127607
to the imposition of any penalty so long as the amended returns	127608
are timely filed. The supplier of tangible personal property	127609
delivered to the qualified distribution center shall include in	127610
its report of taxable gross receipts the receipts from the total	127611
sales of property delivered to the qualified distribution center	127612
for the calendar quarter or calendar year, whichever the case may	127613
be, multiplied by the Ohio delivery percentage for the qualifying	127614
year. Nothing in division (F)(2)(z)(iii) of this section shall be	127615
construed as imposing liability on the operator of a qualified	127616
distribution center for the tax imposed by this chapter arising	127617
from any change to the Ohio delivery percentage.	127618

(iv) In the case where the distribution center is new and not	127619
open for the entire qualifying period, the operator shall make a	127620
good faith estimate of an Ohio delivery percentage for use by	127621
suppliers in their reports of taxable gross receipts for the	127622
remainder of the qualifying period. The operator of the facility	127623
shall disclose to the suppliers that such Ohio delivery percentage	127624
is an estimate and is subject to recalculation. By the due date of	127625
the next application for a qualifying certificate, the operator	127626
shall determine the actual Ohio delivery percentage for the	127627
estimated qualifying period and proceed as provided in division	127628
(F)(2)(z)(iii) of this section with respect to the calculation and	127629
recalculation of the Ohio delivery percentage. The supplier is	127630
required to file, within sixty days after receiving notice from	127631
the operator of the qualified distribution center, amended reports	127632
for the impacted calendar quarter or quarters or calendar year,	127633
whichever the case may be. Any additional tax liability or tax	127634
overpayment shall be subject to interest but shall not be subject	127635
to the imposition of any penalty so long as the amended returns	127636
are timely filed.	127637

(v) Qualifying certificates and Ohio delivery percentages	127638
issued by the commissioner shall be open to public inspection and	127639
shall be timely published by the commissioner. A supplier relying	127640
in good faith on a certificate issued under this division shall	127641
not be subject to tax on the qualifying distribution center	127642
receipts under division (F)(2)(z) of this section. A person	127643
receiving a qualifying certificate is responsible for paying the	127644
tax, interest, and penalty upon amounts claimed as qualifying	127645
distribution center receipts that would not otherwise have been	127646
owed by the supplier if the qualifying certificate were available	127647
when it is later determined that the qualifying certificate should	127648
not have been issued because the statutory requirements were in	127649
fact not met.	127650

(vi) The annual fee for a qualifying certificate shall be one	127651
hundred thousand dollars for each qualified distribution center.	127652
If a qualifying certificate is not issued, the annual fee is	127653
subject to refund after the exhaustion of all appeals provided for	127654
in division (F)(2)(z)(i)(VI) of this section. The fee imposed	127655
under this division may be assessed in the same manner as the tax	127656
imposed under this chapter. The first one hundred thousand dollars	127657
of the annual application fees collected each calendar year shall	127658
be credited to the commercial activity tax administrative fund.	127659
The remainder of the annual application fees collected shall be	127660
distributed in the same manner required under section 5751.20 of	127661
the Revised Code.	127662

(vii) The tax commissioner may require that adequate security	127663
be posted by the operator of the distribution center on appeal	127664
when the commissioner disagrees that the applicant has met the	127665
minimum thresholds for a qualified distribution center as set	127666
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this	127667
section.	127668

(aa) Receipts of an employer from payroll deductions relating	127669
to the reimbursement of the employer for advancing moneys to an	127670
unrelated third party on an employee's behalf;	127671

(bb) Cash discounts allowed and taken;

127672

(cc) Returns and allowances;

127673

(dd) Bad debts from receipts on the basis of which the tax	127674
imposed by this chapter was paid in a prior quarterly tax payment	127675
period. For the purpose of this division, "bad debts" means any	127676
debts that have become worthless or uncollectible between the	127677
preceding and current quarterly tax payment periods, have been	127678
uncollected for at least six months, and that may be claimed as a	127679
deduction under section 166 of the Internal Revenue Code and the	127680
regulations adopted under that section, or that could be claimed	127681
as such if the taxpayer kept its accounts on the accrual basis.	127682
"Bad debts" does not include repossessed property, uncollectible	127683
amounts on property that remains in the possession of the taxpayer	127684
until the full purchase price is paid, or expenses in attempting	127685
to collect any account receivable or for any portion of the debt	127686
recovered;	127687

(ee) Any amount realized from the sale of an account	127688
receivable to the extent the receipts from the underlying	127689
transaction giving rise to the account receivable were included in	127690
the gross receipts of the taxpayer;	127691

(ff) Any receipts directly attributed to providing public	127692
services pursuant to sections 126.60 to 126.605 of the Revised	127693
Code, or any receipts directly attributed to a transfer agreement	127694
or to the enterprise transferred under that agreement under	127695
section 4313.02 of the Revised Code.	127696

(gg) Any receipts for which the tax imposed by this chapter	127697
is prohibited by the Constitution or laws of the United States or	127698
the Constitution of Ohio.	127699

~~(gg)~~(hh) Amounts realized by licensed motor fuel dealers or	127700
licensed permissive motor fuel dealers from the exchange of	127701
petroleum products, including motor fuel, between such dealers,	127702
provided that delivery of the petroleum products occurs at a	127703
refinery, terminal, pipeline, or marine vessel and that the	127704
exchanging dealers agree neither dealer shall require monetary	127705
compensation from the other for the value of the exchanged	127706
petroleum products other than such compensation for differences in	127707
product location or grade. Division (F)(2)~~(gg)~~(hh) of this section	127708
does not apply to amounts realized as a result of differences in	127709
location or grade of exchanged petroleum products or from	127710
handling, lubricity, dye, or other additive injections fees,	127711
pipeline security fees, or similar fees. As used in this division,	127712
"motor fuel," "licensed motor fuel dealer," "licensed permissive	127713
motor fuel dealer," and "terminal" have the same meanings as in	127714
section 5735.01 of the Revised Code.	127715

(ii) Qualified uranium receipts qualifying for exclusion	127716
under section 5751.41 of the Revised Code.	127717

(3) In the case of a taxpayer when acting as a real estate	127718
broker, "gross receipts" includes only the portion of any fee for	127719
the service of a real estate broker, or service of a real estate	127720
salesperson associated with that broker, that is retained by the	127721
broker and not paid to an associated real estate salesperson or	127722
another real estate broker. For the purposes of this division,	127723
"real estate broker" and "real estate salesperson" have the same	127724
meanings as in section 4735.01 of the Revised Code.	127725

(4) A taxpayer's method of accounting for gross receipts for	127726
a tax period shall be the same as the taxpayer's method of	127727
accounting for federal income tax purposes for the taxpayer's	127728
federal taxable year that includes the tax period. If a taxpayer's	127729
method of accounting for federal income tax purposes changes, its	127730
method of accounting for gross receipts under this chapter shall	127731
be changed accordingly.	127732

(G) "Taxable gross receipts" means gross receipts sitused to	127733
this state under section 5751.033 of the Revised Code.	127734

(H) A person has "substantial nexus with this state" if any	127735
of the following applies. The person:	127736

(1) Owns or uses a part or all of its capital in this state;

127737

(2) Holds a certificate of compliance with the laws of this	127738
state authorizing the person to do business in this state;	127739

(3) Has bright-line presence in this state;

127740

(4) Otherwise has nexus with this state to an extent that the	127741
person can be required to remit the tax imposed under this chapter	127742
under the Constitution of the United States.	127743

(I) A person has "bright-line presence" in this state for a	127744
reporting period and for the remaining portion of the calendar	127745
year if any of the following applies. The person:	127746

(1) Has at any time during the calendar year property in this	127747
state with an aggregate value of at least fifty thousand dollars.	127748
For the purpose of division (I)(1) of this section, owned property	127749
is valued at original cost and rented property is valued at eight	127750
times the net annual rental charge.	127751

(2) Has during the calendar year payroll in this state of at	127752
least fifty thousand dollars. Payroll in this state includes all	127753
of the following:	127754

(a) Any amount subject to withholding by the person under	127755
section 5747.06 of the Revised Code;	127756

(b) Any other amount the person pays as compensation to an	127757
individual under the supervision or control of the person for work	127758
done in this state; and	127759

(c) Any amount the person pays for services performed in this	127760
state on its behalf by another.	127761

(3) Has during the calendar year taxable gross receipts of at	127762
least five hundred thousand dollars.	127763

(4) Has at any time during the calendar year within this	127764
state at least twenty-five per cent of the person's total	127765
property, total payroll, or total gross receipts.	127766

(5) Is domiciled in this state as an individual or for	127767
corporate, commercial, or other business purposes.	127768

(J) "Tangible personal property" has the same meaning as in	127769
section 5739.01 of the Revised Code.	127770

(K) "Internal Revenue Code" means the Internal Revenue Code	127771
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	127772
this chapter that is not otherwise defined has the same meaning as	127773
when used in a comparable context in the laws of the United States	127774
relating to federal income taxes unless a different meaning is	127775
clearly required. Any reference in this chapter to the Internal	127776
Revenue Code includes other laws of the United States relating to	127777
federal income taxes.	127778

(L) "Calendar quarter" means a three-month period ending on	127779
the thirty-first day of March, the thirtieth day of June, the	127780
thirtieth day of September, or the thirty-first day of December.	127781

(M) "Tax period" means the calendar quarter or calendar year	127782
on the basis of which a taxpayer is required to pay the tax	127783
imposed under this chapter.	127784

(N) "Calendar year taxpayer" means a taxpayer for which the	127785
tax period is a calendar year.	127786

(O) "Calendar quarter taxpayer" means a taxpayer for which	127787
the tax period is a calendar quarter.	127788

(P) "Agent" means a person authorized by another person to	127789
act on its behalf to undertake a transaction for the other,	127790
including any of the following:	127791

(1) A person receiving a fee to sell financial instruments;

127792

(2) A person retaining only a commission from a transaction	127793
with the other proceeds from the transaction being remitted to	127794
another person;	127795

(3) A person issuing licenses and permits under section	127796
1533.13 of the Revised Code;	127797

(4) A lottery sales agent holding a valid license issued	127798
under section 3770.05 of the Revised Code;	127799

(5) A person acting as an agent of the division of liquor	127800
control under section 4301.17 of the Revised Code.	127801

(Q) "Received" includes amounts accrued under the accrual	127802
method of accounting.	127803

(R) "Reporting person" means a person in a consolidated	127804
elected taxpayer or combined taxpayer group that is designated by	127805
that group to legally bind the group for all filings and tax	127806
liabilities and to receive all legal notices with respect to	127807
matters under this chapter, or, for the purposes of section	127808
5751.04 of the Revised Code, a separate taxpayer that is not a	127809
member of such a group.	127810

Sec. 5751.011. (A) A group of two or more persons may elect	127811
to be a consolidated elected taxpayer for the purposes of this	127812
chapter if the group satisfies all of the following requirements:	127813

(1) The group elects to include all persons, including	127814
persons enumerated in divisions (E)(2) to (10) of section 5751.01	127815
of the Revised Code, having at least eighty per cent, or having at	127816
least fifty per cent, of the value of their ownership interests	127817
owned or controlled, directly or constructively through related	127818
interests, by common owners during all or any portion of the tax	127819
period, together with the common owners.	127820

A group making its initial election on the basis of the	127821
eighty per cent ownership test may change its election so that its	127822
consolidated elected taxpayer group is formed on the basis of the	127823
fifty per cent ownership test if all of the following are	127824
satisfied:	127825

(a) When the initial election was made, the group did not	127826
have any persons satisfying the fifty per cent ownership test;	127827

(b) One or more of the persons in the initial group	127828
subsequently acquires ownership interests in a person such that	127829
the fifty per cent ownership test is satisfied, the eighty per	127830
cent ownership test is not satisfied, and the acquired person	127831
would be required to be included in a combined taxpayer group	127832
under section 5751.012 of the Revised Code;	127833

(c) The group requests the change in a written request to the	127834
tax commissioner on or before the due date for filing the first	127835
return due under section 5751.051 of the Revised Code after the	127836
date of the acquisition;	127837

(d) The group has not previously changed its election.

127838

At the election of the group, all entities that are not	127839
incorporated or formed under the laws of a state or of the United	127840
States and that meet the consolidated elected ownership test shall	127841
either be included in the group or all shall be excluded from the	127842
group. If, at the time of registration, the group does not include	127843
any such entities that meet the consolidated elected ownership	127844
test, the group shall elect to either include or exclude the newly	127845
acquired entities before the due date of the first return due	127846
after the date of the acquisition.	127847

Each group shall notify the tax commissioner of the foregoing	127848
elections before the due date of the return for the period in	127849
which the election becomes binding. If fifty per cent of the value	127850
of a person's ownership interests is owned or controlled by each	127851
of two consolidated elected taxpayer groups formed under the fifty	127852
per cent ownership or control test, that person is a member of	127853
each group for the purposes of this section, and each group shall	127854
include in the group's taxable gross receipts fifty per cent of	127855
that person's taxable gross receipts. Otherwise, all of that	127856
person's taxable gross receipts shall be included in the taxable	127857
gross receipts of the consolidated elected taxpayer group of which	127858
the person is a member. In no event shall the ownership or control	127859
of fifty per cent of the value of a person's ownership interests	127860
by two otherwise unrelated groups form the basis for consolidating	127861
the groups into a single consolidated elected taxpayer group or	127862
permit any exclusion under division (C) of this section of taxable	127863
gross receipts between members of the two groups. Division (A)(3)	127864
of this section applies with respect to the elections described in	127865
this division.	127866

(2) The group makes the election to be treated as a	127867
consolidated elected taxpayer in the manner prescribed under	127868
division (D) of this section.	127869

(3) Subject to review and audit by the tax commissioner, the	127870
group agrees that all of the following apply:	127871

(a) The group shall file reports as a single taxpayer for at	127872
least the next eight calendar quarters following the election so	127873
long as at least two or more of the members of the group meet the	127874
requirements of division (A)(1) of this section.	127875

(b) Before the expiration of the eighth such calendar	127876
quarter, the group shall notify the commissioner if it elects to	127877
cancel its designation as a consolidated elected taxpayer. If the	127878
group does not so notify the tax commissioner, the election	127879
remains in effect for another eight calendar quarters.	127880

(c) If, at any time during any of those eight calendar	127881
quarters following the election, a former member of the group no	127882
longer meets the requirements under division (A)(1) of this	127883
section, that member shall report and pay the tax imposed under	127884
this chapter separately, as a member of a combined taxpayer, or,	127885
if the former member satisfies such requirements with respect to	127886
another consolidated elected group, as a member of that	127887
consolidated elected group.	127888

(d) The group agrees to the application of division (B) of	127889
this section.	127890

(B) A group of persons making the election under this section	127891
shall report and pay tax on all of the group's taxable gross	127892
receipts even if substantial nexus with this state does not exist	127893
for one or more persons in the group.	127894

(C)(1)(a) Members of a consolidated elected taxpayer group	127895
shall exclude gross receipts among persons included in the	127896
consolidated elected taxpayer group.	127897

(b) Subject to divisions (C)(1)(c) and (C)(2) of this	127898
section, nothing in this section shall have the effect of	127899
requiring a consolidated elected taxpayer group to include gross	127900
receipts received by a person enumerated in divisions (E)(2) to	127901
(10) of section 5751.01 of the Revised Code if that person is a	127902
member of the group pursuant to the elections made by the group	127903
under division (A)(1) of this section.	127904

(c)(i) As used in division (C)(1)(c) of this section, "dealer	127905
transfer" means a transfer of property that satisfies both of the	127906
following: (I) the property is directly transferred by any means	127907
from one member of the group to another member of the group that	127908
is a dealer in intangibles but is not a qualifying dealer as	127909
defined in section ~~5725.24~~5707.031 of the Revised Code; and (II)	127910
the property is subsequently delivered by the dealer in	127911
intangibles to a person that is not a member of the group.	127912

(ii) In the event of a dealer transfer, a consolidated	127913
elected taxpayer group shall not exclude, under division (C) of	127914
this section, gross receipts from the transfer described in	127915
division (C)(1)(c)(i)(I) of this section.	127916

(2) Gross receipts related to the sale or transmission of	127917
electricity through the use of an intermediary regional	127918
transmission organization approved by the federal energy	127919
regulatory commission shall be excluded from taxable gross	127920
receipts under division (C)(1) of this section if all other	127921
requirements of that division are met, even if the receipts are	127922
from and to the same member of the group.	127923

(D) To make the election to be a consolidated elected	127924
taxpayer, a group of persons shall notify the tax commissioner of	127925
the election in the manner prescribed by the commissioner and pay	127926
the commissioner a registration fee equal to the lesser of two	127927
hundred dollars or twenty dollars for each person in the group. No	127928
additional fee shall be imposed for the addition of new members to	127929
the group once the group has remitted a fee in the amount of two	127930
hundred dollars. The election shall be made and the fee paid	127931
before the beginning of the first calendar quarter to which the	127932
election applies. The fee shall be collected and used in the same	127933
manner as provided in section 5751.04 of the Revised Code.	127934

The election shall be made on a form prescribed by the tax	127935
commissioner for that purpose and shall be signed by one or more	127936
individuals with authority, separately or together, to make a	127937
binding election on behalf of all persons in the group.	127938

Any person acquired or formed after the filing of the	127939
registration shall be included in the group if the person meets	127940
the requirements of division (A)(1) of this section, and the group	127941
shall notify the tax commissioner of any additions to the group	127942
with the next tax return it files with the commissioner.	127943

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	127944
the Revised Code:	127945

(1) "School district," "joint vocational school district,"	127946
"local taxing unit," "recognized valuation," "fixed-rate levy,"	127947
and "fixed-sum levy" have the same meanings as used in section	127948
5727.84 of the Revised Code.	127949

(2) "State education aid" for a school district means the	127950
following:	127951

(a) For fiscal years prior to fiscal year 2010, the sum of	127952
state aid amounts computed for the district under the following	127953
provisions, as they existed for the applicable fiscal year:	127954
division (A) of section 3317.022 of the Revised Code, including	127955
the amounts calculated under sections 3317.029 and 3317.0217 of	127956
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of	127957
section 3317.022; divisions (B), (C), and (D) of section 3317.023;	127958
divisions (L) and (N) of section 3317.024; section 3317.0216; and	127959
any unit payments for gifted student services paid under sections	127960
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	127961
for fiscal years 2008 and 2009, the amount computed for the	127962
district under Section 269.20.80 of H.B. 119 of the 127th general	127963
assembly and as that section subsequently may be amended shall be	127964
substituted for the amount computed under division (D) of section	127965
3317.022 of the Revised Code, and the amount computed under	127966
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	127967
that section subsequently may be amended shall be included.	127968

(b) For fiscal ~~year~~years 2010 and ~~for each fiscal year~~	127969
~~thereafter~~2011, the sum of the amounts computed under former	127970
sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and	127971
3306.192 of the Revised Code.;	127972

(c) For fiscal years 2012 and 2013, the amount paid in	127973
accordance with the section of H.B. 153 of the 129th general	127974
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL	127975
SCHOOL DISTRICTS."	127976

(3) "State education aid" for a joint vocational school	127977
district means the following:	127978

(a) For fiscal years prior to fiscal year 2010, the sum of	127979
the state aid computed for the district under division (N) of	127980
section 3317.024 and section 3317.16 of the Revised Code, except	127981
that, for fiscal years 2008 and 2009, the amount computed under	127982
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	127983
that section subsequently may be amended shall be included.	127984

(b) For fiscal years 2010 and 2011, the amount paid in	127985
accordance with the section of ~~this act~~H.B. 1 of the 128th	127986
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	127987
DISTRICTS."	127988

(c) For fiscal years 2012 and 2013, the amount paid in	127989
accordance with the section of H.B. 153 of the 129th general	127990
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	127991

(4) "State education aid offset" means the amount determined	127992
for each school district or joint vocational school district under	127993
division (A)(1) of section 5751.21 of the Revised Code.	127994

(5) "Machinery and equipment property tax value loss" means	127995
the amount determined under division (C)(1) of this section.	127996

(6) "Inventory property tax value loss" means the amount	127997
determined under division (C)(2) of this section.	127998

(7) "Furniture and fixtures property tax value loss" means	127999
the amount determined under division (C)(3) of this section.	128000

(8) "Machinery and equipment fixed-rate levy loss" means the	128001
amount determined under division (D)(1) of this section.	128002

(9) "Inventory fixed-rate levy loss" means the amount	128003
determined under division (D)(2) of this section.	128004

(10) "Furniture and fixtures fixed-rate levy loss" means the	128005
amount determined under division (D)(3) of this section.	128006

(11) "Total fixed-rate levy loss" means the sum of the	128007
machinery and equipment fixed-rate levy loss, the inventory	128008
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	128009
loss, and the telephone company fixed-rate levy loss.	128010

(12) "Fixed-sum levy loss" means the amount determined under	128011
division (E) of this section.	128012

(13) "Machinery and equipment" means personal property	128013
subject to the assessment rate specified in division (F) of	128014
section 5711.22 of the Revised Code.	128015

(14) "Inventory" means personal property subject to the	128016
assessment rate specified in division (E) of section 5711.22 of	128017
the Revised Code.	128018

(15) "Furniture and fixtures" means personal property subject	128019
to the assessment rate specified in division (G) of section	128020
5711.22 of the Revised Code.	128021

(16) "Qualifying levies" are levies in effect for tax year	128022
2004 or applicable to tax year 2005 or approved at an election	128023
conducted before September 1, 2005. For the purpose of determining	128024
the rate of a qualifying levy authorized by section 5705.212 or	128025
5705.213 of the Revised Code, the rate shall be the rate that	128026
would be in effect for tax year 2010.	128027

(17) "Telephone property" means tangible personal property of	128028
a telephone, telegraph, or interexchange telecommunications	128029
company subject to an assessment rate specified in section	128030
5727.111 of the Revised Code in tax year 2004.	128031

(18) "Telephone property tax value loss" means the amount	128032
determined under division (C)(4) of this section.	128033

(19) "Telephone property fixed-rate levy loss" means the	128034
amount determined under division (D)(4) of this section.	128035

(20) "Taxes charged and payable" means taxes charged and	128036
payable after the reduction required by section 319.301 of the	128037
Revised Code but before the reductions required by sections	128038
319.302 and 323.152 of the Revised Code.	128039

(21) "Median estate tax collections" means, in the case of a	128040
municipal corporation to which revenue from the taxes levied in	128041
Chapter 5731. of the Revised Code was distributed in each of	128042
calendar years 2006, 2007, 2008, and 2009, the median of those	128043
distributions. In the case of a municipal corporation to which no	128044
distributions were made in one or more of those years, "median	128045
estate tax collections" means zero.	128046

(22) "Total resources," in the case of a school district,	128047
means the sum of the amounts in divisions (A)(22)(a) to (h) of	128048
this section less any reduction required under division (A)(32) of	128049
this section.	128050

(a) The state education aid for fiscal year 2010;

128051

(b) The sum of the payments received by the school district	128052
in fiscal year 2010 for current expense levy losses pursuant to	128053
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	128054
section 5751.21 of the Revised Code, excluding the portion of such	128055
payments attributable to levies for joint vocational school	128056
district purposes;	128057

(c) The sum of fixed-sum levy loss payments received by the	128058
school district in fiscal year 2010 pursuant to division (E)(1) of	128059
section 5727.85 and division (E)(1) of section 5751.21 of the	128060
Revised Code for fixed-sum levies imposed for a purpose other than	128061
paying debt charges;	128062

(d) Fifty per cent of the school district's taxes charged and	128063
payable against all property on the tax list of real and public	128064
utility property for current expense purposes for tax year 2008,	128065
including taxes charged and payable from emergency levies imposed	128066
under section 5709.194 of the Revised Code and excluding taxes	128067
levied for joint vocational school district purposes;	128068

(e) Fifty per cent of the school district's taxes charged and	128069
payable against all property on the tax list of real and public	128070
utility property for current expenses for tax year 2009, including	128071
taxes charged and payable from emergency levies and excluding	128072
taxes levied for joint vocational school district purposes;	128073

(f) The school district's taxes charged and payable against	128074
all property on the general tax list of personal property for	128075
current expenses for tax year 2009, including taxes charged and	128076
payable from emergency levies;	128077

(g) The amount certified for fiscal year 2010 under division	128078
(A)(2) of section 3317.08 of the Revised Code;	128079

(h) Distributions received during calendar year 2009 from	128080
taxes levied under section 718.09 of the Revised Code.	128081

(23) "Total resources," in the case of a joint vocational	128082
school district, means the sum of amounts in divisions (A)(23)(a)	128083
to (g) of this section less any reduction required under division	128084
(A)(32) of this section.	128085

(a) The state education aid for fiscal year 2010;

128086

(b) The sum of the payments received by the joint vocational	128087
school district in fiscal year 2010 for current expense levy	128088
losses pursuant to division (C)(2) of section 5727.85 and	128089
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	128090

(c) Fifty per cent of the joint vocational school district's	128091
taxes charged and payable against all property on the tax list of	128092
real and public utility property for current expense purposes for	128093
tax year 2008;	128094

(d) Fifty per cent of the joint vocational school district's	128095
taxes charged and payable against all property on the tax list of	128096
real and public utility property for current expenses for tax year	128097
2009;	128098

(e) Fifty per cent of a city, local, or exempted village	128099
school district's taxes charged and payable against all property	128100
on the tax list of real and public utility property for current	128101
expenses of the joint vocational school district for tax year	128102
2008;	128103

(f) Fifty per cent of a city, local, or exempted village	128104
school district's taxes charged and payable against all property	128105
on the tax list of real and public utility property for current	128106
expenses of the joint vocational school district for tax year	128107
2009;	128108

(g) The joint vocational school district's taxes charged and	128109
payable against all property on the general tax list of personal	128110
property for current expenses for tax year 2009.	128111

(24) "Total resources," in the case of county mental health	128112
and disability related functions, means the sum of the amounts in	128113
divisions (A)(24)(a) and (b) of this section less any reduction	128114
required under division (A)(32) of this section.	128115

(a) The sum of the payments received by the county for mental	128116
health and developmental disability related functions in calendar	128117
year 2010 under division (A)(1) of section 5727.86 and division	128118
(A)(1) and (2) of section 5751.22 of the Revised Code as they	128119
existed at that time;	128120

(b) With respect to taxes levied by the county for mental	128121
health and developmental disability related purposes, the taxes	128122
charged and payable for such purposes against all property on the	128123
tax list of real and public utility property for tax year 2009.	128124

(25) "Total resources," in the case of county senior services	128125
related functions, means the sum of the amounts in divisions	128126
(A)(25)(a) and (b) of this section less any reduction required	128127
under division (A)(32) of this section.	128128

(a) The sum of the payments received by the county for senior	128129
services related functions in calendar year 2010 under division	128130
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	128131
5751.22 of the Revised Code as they existed at that time;	128132

(b) With respect to taxes levied by the county for senior	128133
services related purposes, the taxes charged and payable for such	128134
purposes against all property on the tax list of real and public	128135
utility property for tax year 2009.	128136

(26) "Total resources," in the case of county children's	128137
services related functions, means the sum of the amounts in	128138
divisions (A)(26)(a) and (b) of this section less any reduction	128139
required under division (A)(32) of this section.	128140

(a) The sum of the payments received by the county for	128141
children's services related functions in calendar year 2010 under	128142
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	128143
section 5751.22 of the Revised Code as they existed at that time;	128144

(b) With respect to taxes levied by the county for children's	128145
services related purposes, the taxes charged and payable for such	128146
purposes against all property on the tax list of real and public	128147
utility property for tax year 2009.	128148

(27) "Total resources," in the case of county public health	128149
related functions, means the sum of the amounts in divisions	128150
(A)(27)(a) and (b) of this section less any reduction required	128151
under division (A)(32) of this section.	128152

(a) The sum of the payments received by the county for public	128153
health related functions in calendar year 2010 under division	128154
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	128155
5751.22 of the Revised Code as they existed at that time;	128156

(b) With respect to taxes levied by the county for public	128157
health related purposes, the taxes charged and payable for such	128158
purposes against all property on the tax list of real and public	128159
utility property for tax year 2009.	128160

(28) "Total resources," in the case of all county functions	128161
not included in divisions (A)(24) to (27) of this section, means	128162
the sum of the amounts in divisions (A)(28)(a) to (d) of this	128163
section less any reduction required under division (A)(32) of this	128164
section.	128165

(a) The sum of the payments received by the county for all	128166
other purposes in calendar year 2010 under division (A)(1) of	128167
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	128168
the Revised Code as they existed at that time;	128169

(b) The county's percentage share of county undivided local	128170
government fund allocations as certified to the tax commissioner	128171
for calendar year 2010 by the county auditor under division (J) of	128172
section 5747.51 of the Revised Code or division (F) of section	128173
5747.53 of the Revised Code multiplied by the total amount	128174
actually distributed in calendar year 2010 from the county	128175
undivided local government fund;	128176

(c) With respect to taxes levied by the county for all other	128177
purposes, the taxes charged and payable for such purposes against	128178
all property on the tax list of real and public utility property	128179
for tax year 2009, excluding taxes charged and payable for the	128180
purpose of paying debt charges;	128181

(d) The sum of the amounts distributed to the county in	128182
calendar year 2010 for the taxes levied pursuant to sections	128183
5739.021 and 5741.021 of the Revised Code.	128184

(29) "Total resources," in the case of a municipal	128185
corporation, means the sum of the amounts in divisions (A)(29)(a)	128186
to (g) of this section less any reduction required under division	128187
(A)(32) of this section.	128188

(a) The sum of the payments received by the municipal	128189
corporation in calendar year 2010 under division (A)(1) of section	128190
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the	128191
Revised Code as they existed at that time;	128192

(b) The municipal corporation's percentage share of county	128193
undivided local government fund allocations as certified to the	128194
tax commissioner for calendar year 2010 by the county auditor	128195
under division (J) of section 5747.51 of the Revised Code or	128196
division (F) of section 5747.53 of the Revised Code multiplied by	128197
the total amount actually distributed in calendar year 2010 from	128198
the county undivided local government fund;	128199

(c) The sum of the amounts distributed to the municipal	128200
corporation in calendar year 2010 pursuant to section 5747.50 of	128201
the Revised Code;	128202

(d) With respect to taxes levied by the municipal	128203
corporation, the taxes charged and payable against all property on	128204
the tax list of real and public utility property for current	128205
expenses, defined in division (A)(33) of this section, for tax	128206
year 2009;	128207

(e) The amount of admissions tax collected by the municipal	128208
corporation in calendar year 2008, or if such information has not	128209
yet been reported to the tax commissioner, in the most recent year	128210
before 2008 for which the municipal corporation has reported data	128211
to the commissioner;	128212

(f) The amount of income taxes collected by the municipal	128213
corporation in calendar year 2008, or if such information has not	128214
yet been reported to the tax commissioner, in the most recent year	128215
before 2008 for which the municipal corporation has reported data	128216
to the commissioner;	128217

(g) The municipal corporation's median estate tax	128218
collections.	128219

(30) "Total resources," in the case of a township, means the	128220
sum of the amounts in divisions (A)(30)(a) to (c) of this section	128221
less any reduction required under division (A)(32) of this	128222
section.	128223

(a) The sum of the payments received by the township in	128224
calendar year 2010 pursuant to division (A)(1) of section 5727.86	128225
of the Revised Code and divisions (A)(1) and (2) of section	128226
5751.22 of the Revised Code as they existed at that time,	128227
excluding payments received for debt purposes;	128228

(b) The township's percentage share of county undivided local	128229
government fund allocations as certified to the tax commissioner	128230
for calendar year 2010 by the county auditor under division (J) of	128231
section 5747.51 of the Revised Code or division (F) of section	128232
5747.53 of the Revised Code multiplied by the total amount	128233
actually distributed in calendar year 2010 from the county	128234
undivided local government fund;	128235

(c) With respect to taxes levied by the township, the taxes	128236
charged and payable against all property on the tax list of real	128237
and public utility property for tax year 2009 excluding taxes	128238
charged and payable for the purpose of paying debt charges.	128239

(31) "Total resources," in the case of a local taxing unit	128240
that is not a county, municipal corporation, or township, means	128241
the sum of the amounts in divisions (A)(31)(a) to (e) of this	128242
section less any reduction required under division (A)(32) of this	128243
section.	128244

(a) The sum of the payments received by the local taxing unit	128245
in calendar year 2010 pursuant to division (A)(1) of section	128246
5727.86 of the Revised Code and divisions (A)(1) and (2) of	128247
section 5751.22 of the Revised Code as they existed at that time;	128248

(b) The local taxing unit's percentage share of county	128249
undivided local government fund allocations as certified to the	128250
tax commissioner for calendar year 2010 by the county auditor	128251
under division (J) of section 5747.51 of the Revised Code or	128252
division (F) of section 5747.53 of the Revised Code multiplied by	128253
the total amount actually distributed in calendar year 2010 from	128254
the county undivided local government fund;	128255

(c) With respect to taxes levied by the local taxing unit,	128256
the taxes charged and payable against all property on the tax list	128257
of real and public utility property for tax year 2009 excluding	128258
taxes charged and payable for the purpose of paying debt charges;	128259

(d) The amount received from the tax commissioner during	128260
calendar year 2010 for sales or use taxes authorized under	128261
sections 5739.023 and 5741.022 of the Revised Code;	128262

(e) For institutions of higher education receiving tax	128263
revenue from a local levy, as identified in section 3358.02 of the	128264
Revised Code, the final state share of instruction allocation for	128265
fiscal year 2010 as calculated by the board of regents and	128266
reported to the state controlling board.	128267

(32) If a fixed-rate levy that is a qualifying levy is not	128268
imposed in any year after tax year 2010, "total resources" used to	128269
compute payments to be made under division (C)(12) of section	128270
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	128271
Revised Code in the tax years following the last year the levy is	128272
imposed shall be reduced by the amount of payments attributable to	128273
the fixed-rate levy loss of that levy as would be computed under	128274
division (C)(2) of section 5727.85, division (A)(1) of section	128275
5727.85, divisions (C)(8) and (9) of section 5751.21, or division	128276
(A)(1) of section 5751.22 of the Revised Code.	128277

(33) "Municipal current expense property tax levies" means	128278
all property tax levies of a municipality, except those with the	128279
following levy names: airport resurfacing; bond or any levy name	128280
including the word "bond"; capital improvement or any levy name	128281
including the word "capital"; debt or any levy name including the	128282
word "debt"; equipment or any levy name including the word	128283
"equipment," unless the levy is for combined operating and	128284
equipment; employee termination fund; fire pension or any levy	128285
containing the word "pension," including police pensions;	128286
fireman's fund or any practically similar name; sinking fund; road	128287
improvements or any levy containing the word "road"; fire truck or	128288
apparatus; flood or any levy containing the word "flood";	128289
conservancy district; county health; note retirement; sewage, or	128290
any levy containing the words "sewage" or "sewer"; park	128291
improvement; parkland acquisition; storm drain; street or any levy	128292
name containing the word "street"; lighting, or any levy name	128293
containing the word "lighting"; and water.	128294

(34) "Current expense TPP allocation" means, in the case of a	128295
school district or joint vocational school district, the sum of	128296
the payments received by the school district in fiscal year 2011	128297
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	128298
Revised Code to the extent paid for current expense levies. In the	128299
case of a municipal corporation, "current expense TPP allocation"	128300
means the sum of the payments received by the municipal	128301
corporation in calendar year 2010 pursuant to divisions (A)(1) and	128302
(2) of section 5751.22 of the Revised Code to the extent paid for	128303
municipal current expense property tax levies as defined in	128304
division (A)(33) of this section. If a fixed-rate levy that is a	128305
qualifying levy is not imposed in any year after tax year 2010,	128306
"current expense TPP allocation" used to compute payments to be	128307
made under division (C)(12) of section 5751.21 or division	128308
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax	128309
years following the last year the levy is imposed shall be reduced	128310
by the amount of payments attributable to the fixed-rate levy loss	128311
of that levy as would be computed under divisions (C)(10) and (11)	128312
of section 5751.21 or division (A)(1) of section 5751.22 of the	128313
Revised Code.	128314

(35) "TPP allocation" means the sum of payments received by a	128315
local taxing unit in calendar year 2010 pursuant to divisions	128316
(A)(1) and (2) of section 5751.22 of the Revised Code. If a	128317
fixed-rate levy that is a qualifying levy is not imposed in any	128318
year after tax year 2010, "TPP allocation" used to compute	128319
payments to be made under division (A)(1)(b) or (c) of section	128320
5751.22 of the Revised Code in the tax years following the last	128321
year the levy is imposed shall be reduced by the amount of payment	128322
attributable to the fixed-rate levy loss of that levy as would be	128323
computed under division (A)(1) of that section.	128324

(36) "Total TPP allocation" means, in the case of a school	128325
district or joint vocational school district, the sum of the	128326
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	128327
and (11) and (D) of section 5751.21 of the Revised Code. In the	128328
case of a local taxing unit, "total TPP allocation" means the sum	128329
of payments received by the unit in calendar year 2010 pursuant to	128330
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	128331
Code. If a fixed-rate levy that is a qualifying levy is not	128332
imposed in any year after tax year 2010, "total TPP allocation"	128333
used to compute payments to be made under division (C)(12) of	128334
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of	128335
the Revised Code in the tax years following the last year the levy	128336
is imposed shall be reduced by the amount of payments attributable	128337
to the fixed-rate levy loss of that levy as would be computed	128338
under divisions (C)(10) and (11) of section 5751.21 or division	128339
(A)(1) of section 5751.22 of the Revised Code.	128340

(37) "Non-current expense TPP allocation" means the	128341
difference of total TPP allocation minus the sum of current	128342
expense TPP allocation and the portion of total TPP allocation	128343
constituting reimbursement for debt levies, pursuant to division	128344
(D) of section 5751.21 of the Revised Code in the case of a school	128345
district or joint vocational school district and pursuant to	128346
division (A)(3) of section 5751.22 of the Revised Code in the case	128347
of a municipal corporation.	128348

(38) "Threshold per cent" means, in the case of a school	128349
district or joint vocational school district, two per cent for	128350
fiscal year 2012 and four per cent for fiscal years 2013 and	128351
thereafter. In the case of a local taxing unit, "threshold per	128352
cent" means two per cent for tax year 2011, four per cent for tax	128353
year 2012, and six per cent for tax years 2013 and thereafter.	128354

(B) The commercial activities tax receipts fund is hereby	128355
created in the state treasury and shall consist of money arising	128356
from the tax imposed under this chapter. Eighty-five	128357
one-hundredths of one per cent of the money credited to that fund	128358
shall be credited to the tax reform system implementation fund,	128359
which is hereby created in the state treasury, and shall be used	128360
to defray the costs incurred by the department of taxation in	128361
administering the tax imposed by this chapter and in implementing	128362
tax reform measures. The remainder in the commercial activities	128363
tax receipts fund shall be credited for each fiscal year in the	128364
following percentages to the general revenue fund, to the school	128365
district tangible property tax replacement fund, which is hereby	128366
created in the state treasury for the purpose of making the	128367
payments described in section 5751.21 of the Revised Code, and to	128368
the local government tangible property tax replacement fund, which	128369
is hereby created in the state treasury for the purpose of making	128370
the payments described in section 5751.22 of the Revised Code, in	128371
the following percentages:	128372

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	128373
2006	67.7%	22.6%	9.7%	128374
2007	0%	70.0%	30.0%	128375
2008	0%	70.0%	30.0%	128376
2009	0%	70.0%	30.0%	128377
2010	0%	70.0%	30.0%	128378
2011	0%	70.0%	30.0%	128379
2012	~~5.3~~ 25.0%	~~70.0~~ 52.5%	~~24.7~~ 22.5%	128380
2013 and thereafter	~~10.6~~ 50.0%	~~70.0~~ 35.0%	~~19.4~~ 15.0%	128381
~~2014~~	~~14.1%~~	~~70.0%~~	~~15.9%~~	128382
~~2015~~	~~17.6%~~	~~70.0%~~%	~~12.4%~~	128383
~~2016~~	~~21.1%~~	~~70.0%~~%	~~8.9%~~	128384
~~2017~~	~~24.6%~~	~~70.0%~~%	~~5.4%~~	128385
~~2018~~	~~28.1%~~	~~70.0%~~%	~~1.9%~~	128386
~~2019 and thereafter~~	~~30%~~	~~70%~~%	0%	128387

(C) Not later than September 15, 2005, the tax commissioner	128388
shall determine for each school district, joint vocational school	128389
district, and local taxing unit its machinery and equipment,	128390
inventory property, furniture and fixtures property, and telephone	128391
property tax value losses, which are the applicable amounts	128392
described in divisions (C)(1), (2), (3), and (4) of this section,	128393
except as provided in division (C)(5) of this section:	128394

(1) Machinery and equipment property tax value loss is the	128395
taxable value of machinery and equipment property as reported by	128396
taxpayers for tax year 2004 multiplied by:	128397

(a) For tax year 2006, thirty-three and eight-tenths per	128398
cent;	128399

(b) For tax year 2007, sixty-one and three-tenths per cent;

128400

128401

(d) For tax year 2009 and thereafter, one hundred per cent.

128402

(2) Inventory property tax value loss is the taxable value of	128403
inventory property as reported by taxpayers for tax year 2004	128404
multiplied by:	128405

(a) For tax year 2006, a fraction, the numerator of which is	128406
five and three-fourths and the denominator of which is	128407
twenty-three;	128408

(b) For tax year 2007, a fraction, the numerator of which is	128409
nine and one-half and the denominator of which is twenty-three;	128410

(c) For tax year 2008, a fraction, the numerator of which is	128411
thirteen and one-fourth and the denominator of which is	128412
twenty-three;	128413

(d) For tax year 2009 and thereafter a fraction, the	128414
numerator of which is seventeen and the denominator of which is	128415
twenty-three.	128416

(3) Furniture and fixtures property tax value loss is the	128417
taxable value of furniture and fixture property as reported by	128418
taxpayers for tax year 2004 multiplied by:	128419

(a) For tax year 2006, twenty-five per cent;

128420

(b) For tax year 2007, fifty per cent;

128421

128422

(d) For tax year 2009 and thereafter, one hundred per cent.

128423

The taxable value of property reported by taxpayers used in	128424
divisions (C)(1), (2), and (3) of this section shall be such	128425
values as determined to be final by the tax commissioner as of	128426
August 31, 2005. Such determinations shall be final except for any	128427
correction of a clerical error that was made prior to August 31,	128428
2005, by the tax commissioner.	128429

(4) Telephone property tax value loss is the taxable value of	128430
telephone property as taxpayers would have reported that property	128431
for tax year 2004 if the assessment rate for all telephone	128432
property for that year were twenty-five per cent, multiplied by:	128433

(a) For tax year 2006, zero per cent;

128434

(b) For tax year 2007, zero per cent;

128435

128436

(d) For tax year 2009, sixty per cent;

128437

(e) For tax year 2010, eighty per cent;

128438

(f) For tax year 2011 and thereafter, one hundred per cent.

128439

(5) Division (C)(5) of this section applies to any school	128440
district, joint vocational school district, or local taxing unit	128441
in a county in which is located a facility currently or formerly	128442
devoted to the enrichment or commercialization of uranium or	128443
uranium products, and for which the total taxable value of	128444
property listed on the general tax list of personal property for	128445
any tax year from tax year 2001 to tax year 2004 was fifty per	128446
cent or less of the taxable value of such property listed on the	128447
general tax list of personal property for the next preceding tax	128448
year.	128449

In computing the fixed-rate levy losses under divisions	128450
(D)(1), (2), and (3) of this section for any school district,	128451
joint vocational school district, or local taxing unit to which	128452
division (C)(5) of this section applies, the taxable value of such	128453
property as listed on the general tax list of personal property	128454
for tax year 2000 shall be substituted for the taxable value of	128455
such property as reported by taxpayers for tax year 2004, in the	128456
taxing district containing the uranium facility, if the taxable	128457
value listed for tax year 2000 is greater than the taxable value	128458
reported by taxpayers for tax year 2004. For the purpose of making	128459
the computations under divisions (D)(1), (2), and (3) of this	128460
section, the tax year 2000 valuation is to be allocated to	128461
machinery and equipment, inventory, and furniture and fixtures	128462
property in the same proportions as the tax year 2004 values. For	128463
the purpose of the calculations in division (A) of section 5751.21	128464
of the Revised Code, the tax year 2004 taxable values shall be	128465
used.	128466

To facilitate the calculations required under division (C) of	128467
this section, the county auditor, upon request from the tax	128468
commissioner, shall provide by August 1, 2005, the values of	128469
machinery and equipment, inventory, and furniture and fixtures for	128470
all single-county personal property taxpayers for tax year 2004.	128471

(D) Not later than September 15, 2005, the tax commissioner	128472
shall determine for each tax year from 2006 through 2009 for each	128473
school district, joint vocational school district, and local	128474
taxing unit its machinery and equipment, inventory, and furniture	128475
and fixtures fixed-rate levy losses, and for each tax year from	128476
2006 through 2011 its telephone property fixed-rate levy loss.	128477
Except as provided in division (F) of this section, such losses	128478
are the applicable amounts described in divisions (D)(1), (2),	128479
(3), and (4) of this section:	128480

(1) The machinery and equipment fixed-rate levy loss is the	128481
machinery and equipment property tax value loss multiplied by the	128482
sum of the tax rates of fixed-rate qualifying levies.	128483

(2) The inventory fixed-rate loss is the inventory property	128484
tax value loss multiplied by the sum of the tax rates of	128485
fixed-rate qualifying levies.	128486

(3) The furniture and fixtures fixed-rate levy loss is the	128487
furniture and fixture property tax value loss multiplied by the	128488
sum of the tax rates of fixed-rate qualifying levies.	128489

(4) The telephone property fixed-rate levy loss is the	128490
telephone property tax value loss multiplied by the sum of the tax	128491
rates of fixed-rate qualifying levies.	128492

(E) Not later than September 15, 2005, the tax commissioner	128493
shall determine for each school district, joint vocational school	128494
district, and local taxing unit its fixed-sum levy loss. The	128495
fixed-sum levy loss is the amount obtained by subtracting the	128496
amount described in division (E)(2) of this section from the	128497
amount described in division (E)(1) of this section:	128498

(1) The sum of the machinery and equipment property tax value	128499
loss, the inventory property tax value loss, and the furniture and	128500
fixtures property tax value loss, and, for 2008 through ~~2017~~2010,	128501
the telephone property tax value loss of the district or unit	128502
multiplied by the sum of the fixed-sum tax rates of qualifying	128503
levies. For 2006 through 2010, this computation shall include all	128504
qualifying levies remaining in effect for the current tax year and	128505
any school district levies imposed under section 5705.194 or	128506
5705.213 of the Revised Code that are qualifying levies not	128507
remaining in effect for the current year. For 2011 through 2017 in	128508
the case of school district levies imposed under section 5705.194	128509
or 5705.213 of the Revised Code and for all years after 2010 in	128510
the case of other fixed-sum levies, this computation shall include	128511
only qualifying levies remaining in effect for the current year.	128512
For purposes of this computation, a qualifying school district	128513
levy imposed under section 5705.194 or 5705.213 of the Revised	128514
Code remains in effect in a year after 2010 only if, for that	128515
year, the board of education levies a school district levy imposed	128516
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the	128517
Revised Code for an annual sum at least equal to the annual sum	128518
levied by the board in tax year 2004 less the amount of the	128519
payment certified under this division for 2006.	128520

(2) The total taxable value in tax year 2004 less the sum of	128521
the machinery and equipment, inventory, furniture and fixtures,	128522
and telephone property tax value losses in each school district,	128523
joint vocational school district, and local taxing unit multiplied	128524
by one-half of one mill per dollar.	128525

(3) For the calculations in divisions (E)(1) and (2) of this	128526
section, the tax value losses are those that would be calculated	128527
for tax year 2009 under divisions (C)(1), (2), and (3) of this	128528
section and for tax year 2011 under division (C)(4) of this	128529
section.	128530

(4) To facilitate the calculation under divisions (D) and (E)	128531
of this section, not later than September 1, 2005, any school	128532
district, joint vocational school district, or local taxing unit	128533
that has a qualifying levy that was approved at an election	128534
conducted during 2005 before September 1, 2005, shall certify to	128535
the tax commissioner a copy of the county auditor's certificate of	128536
estimated property tax millage for such levy as required under	128537
division (B) of section 5705.03 of the Revised Code, which is the	128538
rate that shall be used in the calculations under such divisions.	128539

If the amount determined under division (E) of this section	128540
for any school district, joint vocational school district, or	128541
local taxing unit is greater than zero, that amount shall equal	128542
the reimbursement to be paid pursuant to division (E) of section	128543
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	128544
and the one-half of one mill that is subtracted under division	128545
(E)(2) of this section shall be apportioned among all contributing	128546
fixed-sum levies in the proportion that each levy bears to the sum	128547
of all fixed-sum levies within each school district, joint	128548
vocational school district, or local taxing unit.	128549

(F) If a school district levies a tax under section 5705.219	128550
of the Revised Code, the fixed-rate levy loss for qualifying	128551
levies, to the extent repealed under that section, shall equal the	128552
sum of the following amounts in lieu of the amounts computed for	128553
such levies under division (D) of this section:	128554

(1) The sum of the rates of qualifying levies to the extent	128555
so repealed multiplied by the sum of the machinery and equipment,	128556
inventory, and furniture and fixtures tax value losses for 2009 as	128557
determined under that division;	128558

(2) The sum of the rates of qualifying levies to the extent	128559
so repealed multiplied by the telephone property tax value loss	128560
for 2011 as determined under that division.	128561

The fixed-rate levy losses for qualifying levies to the	128562
extent not repealed under section 5705.219 of the Revised Code	128563
shall be as determined under division (D) of this section. The	128564
revised fixed-rate levy losses determined under this division and	128565
division (D) of this section first apply in the year following the	128566
first year the district levies the tax under section 5705.219 of	128567
the Revised Code.	128568

(G) Not later than October 1, 2005, the tax commissioner	128569
shall certify to the department of education for every school	128570
district and joint vocational school district the machinery and	128571
equipment, inventory, furniture and fixtures, and telephone	128572
property tax value losses determined under division (C) of this	128573
section, the machinery and equipment, inventory, furniture and	128574
fixtures, and telephone fixed-rate levy losses determined under	128575
division (D) of this section, and the fixed-sum levy losses	128576
calculated under division (E) of this section. The calculations	128577
under divisions (D) and (E) of this section shall separately	128578
display the levy loss for each levy eligible for reimbursement.	128579

(H) Not later than October 1, 2005, the tax commissioner	128580
shall certify the amount of the fixed-sum levy losses to the	128581
county auditor of each county in which a school district, joint	128582
vocational school district, or local taxing unit with a fixed-sum	128583
levy loss reimbursement has territory.	128584

(I) Not later than the twenty-eighth day of February each	128585
year beginning in 2011 and ending in 2014, the tax commissioner	128586
shall certify to the department of education for each school	128587
district first levying a tax under section 5705.219 of the Revised	128588
Code in the preceding year the revised fixed-rate levy losses	128589
determined under divisions (D) and (F) of this section.	128590

Sec. 5751.21. (A) Not later than the thirtieth day of July	128591
of 2007 through ~~2017~~2010, the department of education shall	128592
consult with the director of budget and management and determine	128593
the following for each school district and each joint vocational	128594
school district eligible for payment under division (B) of this	128595
section:	128596

(1) The state education aid offset, which, except as provided	128597
in division (A)(1)(c) of this section, is the difference obtained	128598
by subtracting the amount described in division (A)(1)(b) of this	128599
section from the amount described in division (A)(1)(a) of this	128600
section:	128601

(a) The state education aid computed for the school district	128602
or joint vocational school district for the current fiscal year as	128603
of the thirtieth day of July;	128604

(b) The state education aid that would be computed for the	128605
school district or joint vocational school district for the	128606
current fiscal year as of the thirtieth day of July if the	128607
~~recognized~~ valuation used in the calculation in division (B)(1) of	128608
section 3306.13 of the Revised Code as that division existed for	128609
fiscal years 2010 and 2011 included the machinery and equipment,	128610
inventory, furniture and fixtures, and telephone property tax	128611
value losses for the school district or joint vocational school	128612
district for the second preceding tax year, and if taxes charged	128613
and payable associated with the tax value losses are accounted for	128614
in any state education aid computation dependent on taxes charged	128615
and payable.	128616

(c) The state education aid offset for fiscal year 2010 and	128617
fiscal year 2011 equals the greater of the state education aid	128618
offset calculated for that fiscal year under divisions (A)(1)(a)	128619
and (b) of this section and the state education aid offset	128620
calculated for fiscal year 2009. For fiscal year 2012 and 2013,	128621
the state education aid offset equals the state education aid	128622
offset for fiscal year 2011.	128623

(2) ~~The~~For fiscal years 2008 through 2011, the greater of	128624
zero or the difference obtained by subtracting the state education	128625
aid offset determined under division (A)(1) of this section from	128626
the sum of the machinery and equipment fixed-rate levy loss, the	128627
inventory fixed-rate levy loss, furniture and fixtures fixed-rate	128628
levy loss, and telephone property fixed-rate levy loss certified	128629
under divisions (G) and (I) of section 5751.20 of the Revised Code	128630
for all taxing districts in each school district and joint	128631
vocational school district for the second preceding tax year.	128632

By the thirtieth day of July of each such year, the	128633
department of education and the director of budget and management	128634
shall agree upon the amount to be determined under division (A)(1)	128635
of this section.	128636

(B) On or before the thirty-first day of August of ~~each year~~	128637
~~beginning in~~ 2008, 2009, and 2010, the department of education	128638
shall recalculate the offset described under division (A) of this	128639
section for the previous fiscal year and recalculate the payments	128640
made under division (C) of this section in the preceding fiscal	128641
year using the offset calculated under this division. If the	128642
payments calculated under this division differ from the payments	128643
made under division (C) of this section in the preceding fiscal	128644
year, the difference shall either be paid to a school district or	128645
recaptured from a school district through an adjustment at the	128646
same times during the current fiscal year that the payments under	128647
division (C) of this section are made. In August and October of	128648
the current fiscal year, the amount of each adjustment shall be	128649
three-sevenths of the amount calculated under this division. In	128650
May of the current fiscal year, the adjustment shall be	128651
one-seventh of the amount calculated under this division.	128652

(C) The department of education shall pay from the school	128653
district tangible property tax replacement fund to each school	128654
district and joint vocational school district all of the following	128655
for fixed-rate levy losses certified under divisions (G) and (I)	128656
of section 5751.20 of the Revised Code:	128657

(1) On or before May 31, 2006, one-seventh of the total	128658
fixed-rate levy loss for tax year 2006;	128659

(2) On or before August 31, 2006, and October 31, 2006,	128660
one-half of six-sevenths of the total fixed-rate levy loss for tax	128661
year 2006;	128662

(3) On or before May 31, 2007, one-seventh of the total	128663
fixed-rate levy loss for tax year 2007;	128664

(4) On or before August 31, 2007, and October 31, 2007,	128665
forty-three per cent of the amount determined under division	128666
(A)(2) of this section for fiscal year 2008, but not less than	128667
zero, plus one-half of six-sevenths of the difference between the	128668
total fixed-rate levy loss for tax year 2007 and the total	128669
fixed-rate levy loss for tax year 2006.	128670

(5) On or before May 31, 2008, fourteen per cent of the	128671
amount determined under division (A)(2) of this section for fiscal	128672
year 2008, but not less than zero, plus one-seventh of the	128673
difference between the total fixed-rate levy loss for tax year	128674
2008 and the total fixed-rate levy loss for tax year 2006.	128675

(6) On or before August 31, 2008, and October 31, 2008,	128676
forty-three per cent of the amount determined under division	128677
(A)(2) of this section for fiscal year 2009, but not less than	128678
zero, plus one-half of six-sevenths of the difference between the	128679
total fixed-rate levy loss in tax year 2008 and the total	128680
fixed-rate levy loss in tax year 2007.	128681

(7) On or before May 31, 2009, fourteen per cent of the	128682
amount determined under division (A)(2) of this section for fiscal	128683
year 2009, but not less than zero, plus one-seventh of the	128684
difference between the total fixed-rate levy loss for tax year	128685
2009 and the total fixed-rate levy loss for tax year 2007.	128686

(8) On or before August 31, 2009, and October 31, 2009,	128687
forty-three per cent of the amount determined under division	128688
(A)(2) of this section for fiscal year 2010, but not less than	128689
zero, plus one-half of six-sevenths of the difference between the	128690
total fixed-rate levy loss in tax year 2009 and the total	128691
fixed-rate levy loss in tax year 2008.	128692

(9) On or before May 31, 2010, fourteen per cent of the	128693
amount determined under division (A)(2) of this section for fiscal	128694
year 2010, but not less than zero, plus one-seventh of the	128695
difference between the total fixed-rate levy loss in tax year 2010	128696
and the total fixed-rate levy loss in tax year 2008.	128697

(10) On or before August 31, 2010, and October 31, 2010,	128698
forty-three per cent of the amount determined under division	128699
(A)(2) of this section for fiscal year 2011, but not less than	128700
zero, plus one-half of six-sevenths of the difference between the	128701
telephone property fixed-rate levy loss for tax year 2010 and the	128702
telephone property fixed-rate levy loss for tax year 2009.	128703

(11) On or before May 31, 2011, fourteen per cent of the	128704
amount determined under division (A)(2) of this section for fiscal	128705
year 2011, but not less than zero, plus one-seventh of the	128706
difference between the telephone property fixed-rate levy loss for	128707
tax year 2011 and the telephone property fixed-rate levy loss for	128708
tax year 2009.	128709

(12) ~~On or before August 31, 2011, and October 31, 2011,~~	128710
~~forty-three per cent of the amount determined under division~~	128711
~~(A)(2) of this section, but not less than zero, plus one-half of~~	128712
~~six-sevenths of the difference between the telephone property~~	128713
~~fixed-rate levy loss for tax year 2011 and the telephone property~~	128714
~~fixed-rate levy loss for tax year 2010.~~	128715

~~(13) On or before May 31, 2012, fourteen per cent of the~~	128716
~~amount determined under division (A)(2) of this section for fiscal~~	128717
~~year 2012, but not less than zero, plus one-seventh of the~~	128718
~~difference between the telephone property fixed-rate levy loss for~~	128719
~~tax year 2011 and the telephone property fixed-rate levy loss for~~	128720
~~tax year 2010.~~	128721

~~(14) On or before August 31, 2012, October 31, 2012, and May~~	128722
~~31, 2013, the amount determined under division (A)(2) of this~~	128723
~~section but not less than zero, multiplied by one-third.~~	128724

~~(15) On or before August 31, 2013, October 31, 2013, and May~~	128725
~~31, 2014, the amount determined under division (A)(2) of this~~	128726
~~section multiplied by a fraction, the numerator of which is nine~~	128727
~~and the denominator of which is seventeen, but not less than zero,~~	128728
~~multiplied by one-third.~~	128729

~~(16) On or before August 31, 2014, October 31, 2014, and May~~	128730
~~31, 2015, the amount determined under division (A)(2) of this~~	128731
~~section multiplied by a fraction, the numerator of which is seven~~	128732
~~and the denominator of which is seventeen, but not less than zero,~~	128733
~~multiplied by one-third.~~	128734

~~(17) On or before August 31, 2015, October 31, 2015, and May~~	128735
~~31, 2016, the amount determined under division (A)(2) of this~~	128736
~~section multiplied by a fraction, the numerator of which is five~~	128737
~~and the denominator of which is seventeen, but not less than zero,~~	128738
~~multiplied by one-third.~~	128739

~~(18) On or before August 31, 2016, October 31, 2016, and May~~	128740
~~31, 2017, the amount determined under division (A)(2) of this~~	128741
~~section multiplied by a fraction, the numerator of which is three~~	128742
~~and the denominator of which is seventeen, but not less than zero,~~	128743
~~multiplied by one-third.~~	128744

~~(19) On or before August 31, 2017, October 31, 2017, and May~~	128745
~~31, 2018, the amount determined under division (A)(2) of this~~	128746
~~section multiplied by a fraction, the numerator of which is one~~	128747
~~and the denominator of which is seventeen, but not less than zero,~~	128748
~~multiplied by one-third~~For fiscal years 2012 and thereafter, the	128749
sum of the amounts in divisions (C)(12)(a) or (b) and (c) of this	128750
section shall be paid on or before the twentieth day of November	128751
and the last day of May:	128752

(a) If the ratio of current expense TPP allocation to total	128753
resources is equal to or less than the threshold per cent, zero;	128754

(b) If the ratio of current expense TPP allocation to total	128755
resources is greater than the threshold per cent, fifty per cent	128756
of the difference of current expense TPP allocation minus the	128757
product of total resources multiplied by the threshold per cent;	128758

(c) Fifty per cent of the product of non-current expense TPP	128759
allocation multiplied by seventy-five per cent for fiscal year	128760
2012 and fifty per cent for fiscal years 2013 and thereafter.	128761

The department of education shall report to each school	128762
district and joint vocational school district the apportionment of	128763
the payments among the school district's or joint vocational	128764
school district's funds based on the certifications under	128765
divisions (G) and (I) of section 5751.20 of the Revised Code.	128766

~~Any qualifying levy that is a fixed-rate levy that is not~~	128767
~~applicable to a tax year after 2010 does not qualify for any~~	128768
~~reimbursement after the tax year to which it is last applicable.~~	128769

(D) For taxes levied within the ten-mill limitation for debt	128770
purposes in tax year 2005, payments shall be made equal to one	128771
hundred per cent of the loss computed as if the tax were a	128772
fixed-rate levy, but those payments shall extend from fiscal year	128773
2006 through fiscal year 2018, as long as the qualifying levy	128774
continues to be used for debt purposes. If the purpose of such a	128775
qualifying levy is changed, that levy becomes subject to the	128776
payments determined in division (C) of this section.	128777

(E)(1) Not later than January 1, 2006, for each fixed-sum	128778
levy of each school district or joint vocational school district	128779
and for each year for which a determination is made under division	128780
(E) of section 5751.20 of the Revised Code that a fixed-sum levy	128781
loss is to be reimbursed, the tax commissioner shall certify to	128782
the department of education the fixed-sum levy loss determined	128783
under that division. The certification shall cover a time period	128784
sufficient to include all fixed-sum levies for which the	128785
commissioner made such a determination. ~~The~~On or before the last	128786
day of May of the current year, the department shall pay from the	128787
school district property tax replacement fund to the school	128788
district or joint vocational school district one-third of the	128789
fixed-sum levy loss so certified ~~for each year~~, plus one-third of	128790
the amount certified under division (I) of section 5751.20 of the	128791
Revised Code, and on or before the ~~last~~twentieth day of ~~May,~~	128792
~~August, and October of the current year~~November, two-thirds of	128793
the fixed-sum levy loss so certified, plus two-thirds of the	128794
amount certified under division (I) of section 5751.20 of the	128795
Revised Code. Payments under this division of the amounts	128796
certified under division (I) of section 5751.20 of the Revised	128797
Code shall continue until the levy adopted under section 5705.219	128798
of the Revised Code expires.	128799

(2) Beginning in 2006, by the first day of January of each	128800
year, the tax commissioner shall review the certification	128801
originally made under division (E)(1) of this section. If the	128802
commissioner determines that a debt levy that had been scheduled	128803
to be reimbursed in the current year has expired, a revised	128804
certification for that and all subsequent years shall be made to	128805
the department of education.	128806

(F) Beginning in September 2007 and through June ~~2018~~2013,	128807
the director of budget and management shall transfer from the	128808
school district tangible property tax replacement fund to the	128809
general revenue fund each of the following:	128810

(1) On the first day of September, one-fourth of the amount	128811
determined for that fiscal year under division (A)(1) of this	128812
section;	128813

(2) On the first day of December, one-fourth of the amount	128814
determined for that fiscal year under division (A)(1) of this	128815
section;	128816

(3) On the first day of March, one-fourth of the amount	128817
determined for that fiscal year under division (A)(1) of this	128818
section;	128819

(4) On the first day of June, one-fourth of the amount	128820
determined for that fiscal year under division (A)(1) of this	128821
section.	128822

If, when a transfer is required under division (F)(1), (2),	128823
(3), or (4) of this section, there is not sufficient money in the	128824
school district tangible property tax replacement fund to make the	128825
transfer in the required amount, the director shall transfer the	128826
balance in the fund to the general revenue fund and may make	128827
additional transfers on later dates as determined by the director	128828
in a total amount that does not exceed one-fourth of the amount	128829
determined for the fiscal year.	128830

(G) ~~For each of the fiscal years 2006 through 2018, if~~If the	128831
total amount in the school district tangible property tax	128832
replacement fund is insufficient to make all payments under	128833
divisions (C), (D), and (E) of this section at the times the	128834
payments are to be made, the director of budget and management	128835
shall transfer from the general revenue fund to the school	128836
district tangible property tax replacement fund the difference	128837
between the total amount to be paid and the amount in the school	128838
district tangible property tax replacement fund. ~~For each fiscal~~	128839
~~year after 2018, at the time payments under division (E) of this~~	128840
~~section are to be made, the director of budget and management~~	128841
~~shall transfer from the general revenue fund to the school~~	128842
~~district property tax replacement fund the amount necessary to~~	128843
~~make such payments.~~	128844

(H)~~(1)~~ On the fifteenth day of June ~~of 2006 through 2011~~of	128845
each year, the director of budget and management may transfer any	128846
balance in the school district tangible property tax replacement	128847
fund to the general revenue fund. ~~At the end of fiscal years 2012~~	128848
~~through 2018, any balance in the school district tangible property~~	128849
~~tax replacement fund shall remain in the fund to be used in future~~	128850
~~fiscal years for school purposes.~~	128851

~~(2) In each fiscal year beginning with fiscal year 2019, all~~	128852
~~amounts credited to the school district tangible personal property~~	128853
~~tax replacement fund shall be appropriated for school purposes.~~	128854

(I) If all of the territory of a school district or joint	128855
vocational school district is merged with another district, or if	128856
a part of the territory of a school district or joint vocational	128857
school district is transferred to an existing or newly created	128858
district, the department of education, in consultation with the	128859
tax commissioner, shall adjust the payments made under this	128860
section as follows:	128861

(1) For a merger of two or more districts, ~~the machinery and~~	128862
~~equipment, inventory, furniture and fixtures, and telephone~~	128863
~~property fixed-rate levy losses and~~ the fixed-sum levy losses,	128864
total resources, current expense TPP allocation, total TPP	128865
allocation, and non-current expense TPP allocation of the	128866
successor district shall be ~~equal to~~ the sum of ~~the machinery and~~	128867
~~equipment, inventory, furniture and fixtures, and telephone~~	128868
~~property fixed-rate levy losses and debt levy losses as determined~~	128869
~~in section 5751.20 of the Revised Code,~~such items for each of the	128870
districts involved in the merger.	128871

(2) If property is transferred from one district to a	128872
previously existing district, the amount of ~~machinery and~~	128873
~~equipment, inventory, furniture and fixtures, and telephone~~	128874
~~property tax value losses and fixed-rate levy losses~~total	128875
resources, current expense TPP allocation, total TPP allocation,	128876
and non-current expense TPP allocation that shall be transferred	128877
to the recipient district shall be an amount equal to ~~the total~~	128878
~~machinery and equipment, inventory, furniture and fixtures, and~~	128879
~~telephone property fixed-rate levy losses~~total resources, current	128880
expense TPP allocation, total TPP allocation, and non-current	128881
expense TPP allocation of the transferor district times a	128882
fraction, the numerator of which is the ~~value of business tangible~~	128883
~~personal property on the land being transferred in the most recent~~	128884
~~year for which data are available~~number of pupils being	128885
transferred to the recipient district, measured, in the case of a	128886
school district, by average daily membership as reported under	128887
division (A) of section 3317.03 of the Revised Code or, in the	128888
case of a joint vocational school district, by formula ADM as	128889
reported in division (D) of that section, and the denominator of	128890
which is the ~~total value of business tangible personal property in~~	128891
~~the district from which the land is being transferred in the most~~	128892
~~recent year for which data are available. For each of the first~~	128893
~~five years after the property is transferred, but not after fiscal~~	128894
~~year 2012, if the tax rate in the recipient district is less than~~	128895
~~the tax rate of the district from which the land was transferred,~~	128896
~~one-half of the payments arising from the amount of fixed-rate~~	128897
~~levy losses so transferred to the recipient district shall be paid~~	128898
~~to the recipient district and one-half of the payments arising~~	128899
~~from the fixed-rate levy losses so transferred shall be paid to~~	128900
~~the district from which the land was transferred. Fixed-rate levy~~	128901
~~losses so transferred shall be computed on the basis of the sum of~~	128902
~~the rates of fixed-rate qualifying levies of the district from~~	128903
~~which the land was transferred, notwithstanding division (E) of~~	128904
~~this section~~average daily membership or formula ADM of the	128905
transferor district.	128906

(3) After December 31, ~~2004~~2010, if property is transferred	128907
from one or more districts to a district that is newly created out	128908
of the transferred property, the newly created district shall be	128909
deemed not to have any ~~machinery and equipment, inventory,~~	128910
~~furniture and fixtures, or telephone property fixed-rate levy~~	128911
~~losses and the districts from which the property was transferred~~	128912
~~shall have no reduction in their machinery and equipment,~~	128913
~~inventory, furniture and fixtures, and telephone property~~	128914
~~fixed-rate levy losses~~total resources, current expense TPP	128915
allocation, total TPP allocation, or non-current expense TPP	128916
allocation.	128917

(4) If the recipient district under division (I)(2) of this	128918
section or the newly created district under division (I)(3) of	128919
this section is assuming debt from one or more of the districts	128920
from which the property was transferred and any of the districts	128921
losing the property had fixed-sum levy losses, the department of	128922
education, in consultation with the tax commissioner, shall make	128923
an equitable division of the fixed-sum levy loss reimbursements.	128924

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	128925
commissioner shall compute the payments to be made to each local	128926
taxing unit for each year according to divisions (A)(1), (2), (3),	128927
and (4) of this section as this section existed on that date, and	128928
shall distribute the payments in the manner prescribed by division	128929
(C) of this section. The calculation of the fixed-sum levy loss	128930
shall cover a time period sufficient to include all fixed-sum	128931
levies for which the commissioner determined, pursuant to division	128932
(E) of section 5751.20 of the Revised Code, that a fixed-sum levy	128933
loss is to be reimbursed.	128934

(1) Except as provided in division (A)~~(4)~~(3) of this section,	128935
for ~~machinery and equipment, inventory, and furniture and fixtures~~	128936
fixed-rate levy losses determined under division (D) of section	128937
5751.20 of the Revised Code, payments shall be made in an amount	128938
equal to ~~each of those losses multiplied by~~ the following:	128939

(a) For tax years 2006 through 2010, one hundred per cent of	128940
such losses;	128941

(b) For the payment in tax year 2011~~, a fraction, the~~	128942
~~numerator of which is fourteen and the denominator of which is~~	128943
~~seventeen;~~	128944

~~(c) For tax year 2012, a fraction, the numerator of which is~~	128945
~~eleven and the denominator of which is seventeen;~~	128946

~~(d) For tax year 2013, a fraction, the numerator of which is~~	128947
~~nine and the denominator of which is seventeen;~~	128948

~~(e) For tax year 2014, a fraction, the numerator of which is~~	128949
~~seven and the denominator of which is seventeen;~~	128950

~~(f) For tax year 2015, a fraction, the numerator of which is~~	128951
~~five and the denominator of which is seventeen;~~	128952

~~(g) For tax year 2016, a fraction, the numerator of which is~~	128953
~~three and the denominator of which is seventeen;~~	128954

~~(h) For tax year 2017, a fraction, the numerator of which is~~	128955
~~one and the denominator of which is seventeen;~~	128956

~~(i) For tax years 2018 and thereafter, no fixed-rate payments~~	128957
~~shall be made.~~	128958

~~Any qualifying levy that is a fixed-rate levy that is not~~	128959
~~applicable to a tax year after 2010 shall not qualify for any~~	128960
~~reimbursement after the tax year to which it is last applicable.~~	128961

~~(2) Except as provided in division (A)(4) of this section,~~	128962
~~for telephone property fixed-rate levy losses determined under~~	128963
~~division (D)(4) of section 5751.20 of the Revised Code, payments~~	128964
~~shall be made in an amount equal to each of those losses~~	128965
~~multiplied by the following:~~	128966

~~(a) For tax years 2009 through 2011, one hundred per cent;~~

128967

~~(b) For tax year 2012, seven-eighths;~~

128968

~~(c) For tax year 2013, six-eighths;~~

128969

~~(d) For tax year 2014, five-eighths;~~

128970

~~(e) For tax year 2015, four-eighths;~~

128971

~~(f) For tax year 2016, three-eighths;~~

128972

~~(g) For tax year 2017, two-eighths;~~

128973

~~(h) For tax year 2018, one-eighth;~~

128974

~~(i) For tax years 2019 and thereafter, no fixed-rate payments~~	128975
~~shall be made~~to be made on or before the twentieth day of	128976
November, the sum of the amount in division (A)(1)(b)(i) or (ii)	128977
and division (A)(1)(b)(iii) of this section:	128978

(i) If the ratio of six-sevenths of the TPP allocation to	128979
total resources is equal to or less than the threshold per cent,	128980
zero;	128981

(ii) If the ratio of six-sevenths of the TPP allocation to	128982
total resources is greater than the threshold per cent, the	128983
difference of six-sevenths of the TPP allocation minus the product	128984
of total resources multiplied by the threshold per cent;	128985

(iii) In the case of a municipal corporation, six-sevenths of	128986
the product of the non-current expense TPP allocation multiplied	128987
by seventy-five per cent.	128988

(c) For tax years 2012 and thereafter, the sum of the amount	128989
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of	128990
this section:	128991

(i) If the ratio of TPP allocation to total resources is	128992
equal to or less than the threshold per cent, zero;	128993

(ii) If the ratio of TPP allocation to total resources is	128994
greater than the threshold per cent, the TPP allocation minus the	128995
product of total resources multiplied by the threshold per cent;	128996

(iii) In the case of a municipal corporation, non-current	128997
expense TPP allocation multiplied by fifty per cent for tax year	128998
2012 and twenty-five per cent for tax years 2013 and thereafter.	128999

~~Any qualifying levy that is a fixed-rate levy that is not~~	129000
~~applicable to a tax year after 2011 shall not qualify for any~~	129001
~~reimbursement after the tax year to which it is last applicable.~~	129002

~~(3)~~(2) For fixed-sum levy losses determined under division	129003
(E) of section 5751.20 of the Revised Code, payments shall be made	129004
in the amount of one hundred per cent of the fixed-sum levy loss	129005
for payments required to be made in 2006 and thereafter until the	129006
qualifying levy has expired.	129007

~~(4)~~(3) For taxes levied within the ten-mill limitation or	129008
pursuant to a municipal charter for debt purposes in tax year	129009
2005, payments shall be made based on the schedule in division	129010
(A)(1) of this section for each of the calendar years 2006 through	129011
2010. For each of the calendar years 2011 through 2017, the	129012
percentages for calendar year 2010 shall be used for taxes levied	129013
within the ten-mill limitation or pursuant to a municipal charter	129014
for debt purposes in tax year 2010, as long as ~~the qualifying levy~~	129015
~~continues~~such levies continue to be used for debt purposes. If	129016
the purpose of such a qualifying levy is changed, that levy	129017
becomes subject to the payment schedules in divisions (A)(1)(a) to	129018
(h) of this section. No payments shall be made for such levies	129019
after calendar year 2017. For the purposes of this division, taxes	129020
levied pursuant to a municipal charter refer to taxes levied	129021
pursuant to a provision of a municipal charter that permits the	129022
tax to be levied without prior voter approval.	129023

(B) Beginning in 2007, by the thirty-first day of January of	129024
each year, the tax commissioner shall review the calculation	129025
originally made under division (A) of this section of the	129026
fixed-sum levy losses determined under division (E) of section	129027
5751.20 of the Revised Code. If the commissioner determines that a	129028
fixed-sum levy that had been scheduled to be reimbursed in the	129029
current year has expired, a revised calculation for that and all	129030
subsequent years shall be made.	129031

(C) Payments to local taxing units required to be made under	129032
division (A) of this section shall be paid from the local	129033
government tangible property tax replacement fund to the county	129034
undivided income tax fund in the proper county treasury. ~~Beginning~~	129035
inFrom May 2006 through November 2010, one-seventh of the amount	129036
~~certified~~determined under that division shall be paid by the last	129037
day of May each year, and three-sevenths shall be paid by the last	129038
day of August and October each year. From May 2011 through	129039
November 2013, one-seventh of the amount determined under that	129040
division shall be paid on or before the last day of May each year,	129041
and six-sevenths shall be paid on or before the twentieth day of	129042
November each year, except that in November 2011, the payment	129043
shall equal one hundred per cent of the amount calculated for that	129044
payment. Beginning in May 2014, one-half of the amount determined	129045
under that division shall be paid on or before the last day of May	129046
each year, and one-half shall be paid on or before the twentieth	129047
day of November each year. Within ~~forty-five~~forty days after	129048
receipt of such payments, the county treasurer shall distribute	129049
amounts determined under division (A) of this section to the	129050
proper local taxing unit as if they had been levied and collected	129051
as taxes, and the local taxing unit shall apportion the amounts so	129052
received among its funds in the same proportions as if those	129053
amounts had been levied and collected as taxes.	129054

(D) For each of the fiscal years 2006 through ~~2019~~2018, if	129055
the total amount in the local government tangible property tax	129056
replacement fund is insufficient to make all payments under	129057
division (C) of this section at the times the payments are to be	129058
made, the director of budget and management shall transfer from	129059
the general revenue fund to the local government tangible property	129060
tax replacement fund the difference between the total amount to be	129061
paid and the amount in the local government tangible property tax	129062
replacement fund. For each fiscal year after ~~2019~~2018, at the	129063
time payments under division (A)(2) of this section are to be	129064
made, the director of budget and management shall transfer from	129065
the general revenue fund to the local government property tax	129066
replacement fund the amount necessary to make such payments.	129067

(E) On the fifteenth day of June of each year from 2006	129068
through 2018, the director of budget and management may transfer	129069
any balance in the local government tangible property tax	129070
replacement fund to the general revenue fund.	129071

(F) If all or a part of the territories of two or more local	129072
taxing units are merged, or unincorporated territory of a township	129073
is annexed by a municipal corporation, the tax commissioner shall	129074
adjust the payments made under this section to each of the local	129075
taxing units in proportion to the ~~tax value loss apportioned to~~	129076
square mileage of the merged or annexed territory as a percentage	129077
of the total square mileage of the jurisdiction from which the	129078
territory originated, or as otherwise provided by a written	129079
agreement between the legislative authorities of the local taxing	129080
units certified to the commissioner not later than the first day	129081
of June of the calendar year in which the payment is to be made.	129082

Sec. 5751.23. (A) As used in this section:

129083

(1) "Administrative fees" means the dollar percentages	129084
allowed by the county auditor for services or by the county	129085
treasurer as fees, or paid to the credit of the real estate	129086
assessment fund, under divisions (A) and (C) of section 319.54 and	129087
division (A) of section 321.26 of the Revised Code.	129088

(2) "Administrative fee loss" means a county's loss of	129089
administrative fees due to its tax value loss, determined as	129090
follows:	129091

(a) For purposes of the determination made under division (B)	129092
of this section in the years 2006 through 2010, the administrative	129093
fee loss shall be computed by multiplying the amounts determined	129094
for all taxing districts in the county under divisions (D) and (E)	129095
of section 5751.20 of the Revised Code by nine thousand six	129096
hundred fifty-nine ten-thousandths of one per cent if total taxes	129097
collected in the county in 2004 exceeded one hundred fifty million	129098
dollars, or one and one thousand one hundred fifty-nine	129099
ten-thousandths of one per cent if total taxes collected in the	129100
county in 2004 were one hundred fifty million dollars or less;	129101

(b) For purposes of the determination under division (B) of	129102
this section in the years after 2010, the administrative fee	129103
~~losses shall be determined by multiplying~~loss equals	129104
fourteen-seventeenths of the administrative fee ~~losses~~loss	129105
calculated for 2010 ~~by the fractions in divisions (A)(1)(b) to (i)~~	129106
~~of section 5751.22 of the Revised Code~~multiplied by the following	129107
percentages: 100% for 2011, 80% for 2012, 60% for 2013, 40% for	129108
2014, 20% for 2015, and 0% for 2016.	129109

(3) "Total taxes collected" means all money collected on any	129110
tax duplicate of the county, other than the estate tax duplicates.	129111
"Total taxes collected" does not include amounts received pursuant	129112
to divisions (F) and (G) of section 321.24 or section 323.156 of	129113
the Revised Code.	129114

(B) Not later than December 31, 2005, the tax commissioner	129115
shall certify to each county auditor the tax levy losses	129116
calculated under divisions (D) and (E) of section 5751.20 of the	129117
Revised Code for each school district, joint vocational school	129118
district, and local taxing unit in the county. Not later than the	129119
thirty-first day of January of 2006 through ~~2017~~2015, the county	129120
auditor shall determine the administrative fee loss for the county	129121
and apportion that loss ratably among the school districts, joint	129122
vocational school districts, and local taxing units on the basis	129123
of the tax levy losses certified under this division.	129124

(C) On or before each of the days prescribed for the	129125
settlements under divisions (A) and (C) of section 321.24 of the	129126
Revised Code in the years 2006 through ~~2017~~2015, the county	129127
treasurer shall deduct one-half of the amount apportioned to each	129128
school district, joint vocational school district, and local	129129
taxing unit from the portions of revenue payable to them.	129130

(D) On or before each of the days prescribed for settlements	129131
under divisions (A) and (C) of section 321.24 of the Revised Code	129132
in the years 2006 through ~~2017~~2015, the county auditor shall	129133
cause to be deposited an amount equal to one-half of the amount of	129134
the administrative fee loss in the same funds as if allowed as	129135
administrative fees.	129136

Sec. 5751.41. (A) As used in this division:

129137

(1) "Qualified uranium receipts" means receipts from the	129138
sale, exchange, lease, loan, production, processing, or other	129139
disposition of uranium within a uranium enrichment zone certified	129140
by the tax commissioner under division (B) of this section,	129141
including receipts from transactions that originate or terminate	129142
within a uranium enrichment zone.	129143

(2) "Uranium enrichment zone" means all real property that is	129144
part of a uranium enrichment facility licensed by the United	129145
States nuclear regulatory commission and that was or is owned or	129146
controlled by the United States department of energy or its	129147
successor.	129148

(B) Any person that owns, leases, or operates real or	129149
tangible personal property constituting or located within a	129150
uranium enrichment zone may apply to the tax commissioner to have	129151
the uranium enrichment zone certified for the purpose of excluding	129152
qualified uranium receipts under division (F)(2)(ii) of section	129153
5751. 01 of the Revised Code. The application shall include such	129154
information that the tax commissioner prescribes. Within sixty	129155
days after receiving the application, the tax commissioner shall	129156
certify the zone for that purpose if the commissioner determines	129157
that the property qualifies as a uranium enrichment zone as	129158
defined in this section or, if the tax commissioner cannot	129159
determine that the property so qualifies, deny the application or	129160
request additional information from the applicant. If the tax	129161
commissioner denies an application, the commissioner shall state	129162
the reasons for the denial. The applicant may appeal the denial of	129163
an application to the board of tax appeals pursuant to section	129164
5717.02 of the Revised Code. If the applicant files a timely	129165
appeal, the tax commissioner shall conditionally certify the	129166
applicant's property until final resolution of the appeal. If the	129167
board of tax appeals upholds the tax commissioner's determination	129168
to deny the application, the applicant shall be liable for any	129169
tax, interest, or penalties due on amounts erroneously claimed as	129170
qualifying uranium enrichments receipts, except that no amount	129171
shall be due on receipts that would have been excluded under	129172
another provision of law.	129173

Sec. 5751.50. (A) For tax periods beginning on or after	129174
January 1, 2008, a refundable credit granted by the tax credit	129175
authority under section 122.17 or division (B)(2) or (3) of	129176
section 122.171 of the Revised Code may be claimed under this	129177
chapter in the order required under section 5751.98 of the Revised	129178
Code. For purposes of making tax payments under this chapter,	129179
taxes equal to the amount of the refundable credit shall be	129180
considered to be paid to this state on the first day of the tax	129181
period. A credit claimed in calendar year 2008 may not be applied	129182
against the tax otherwise due for a tax period beginning before	129183
July 1, 2008. The refundable credit shall not be claimed against	129184
the tax otherwise due for any tax period beginning after the date	129185
on which a relocation of employment positions occurs in violation	129186
of an agreement entered into under section 122.17 or 122.171 of	129187
the Revised Code.	129188

(B) For tax periods beginning on or after January 1, 2008, a	129189
nonrefundable credit granted by the tax credit authority under	129190
division (B)(1) of section 122.171 of the Revised Code may be	129191
claimed under this chapter in the order required under section	129192
5751.98 of the Revised Code. A credit claimed in calendar year	129193
2008 may not be applied against the tax otherwise due under this	129194
chapter for a tax period beginning before July 1, 2008. The credit	129195
shall not be claimed against the tax otherwise due for any tax	129196
period beginning after the date on which a relocation of	129197
employment positions occurs in violation of an agreement entered	129198
into under section 122.17 or 122.171 of the Revised Code. No	129199
credit shall be allowed under this chapter if the credit was	129200
available against the tax imposed by section 5733.06 or 5747.02 of	129201
the Revised Code, except to the extent the credit was not applied	129202
against such tax.	129203

Sec. 5753.01. As used in Chapter 5753. of the Revised Code	129204
and for no other purpose under Title LVII of the Revised Code:	129205

(A) "Casino facility" has the same meaning as in section	129206
3772.01 of the Revised Code.	129207

(B) "Casino gaming" has the same meaning as in section	129208
3772.01 of the Revised Code.	129209

(C) "Casino operator" has the same meaning as in section	129210
3772.01 of the Revised Code.	129211

(D) "Gross casino revenue" means the total amount of money	129212
exchanged for the purchase of chips, tokens, tickets, electronic	129213
cards, or similar objects by casino patrons, less winnings paid to	129214
wagerers. "Gross casino revenue" does not mean, and has no	129215
relation to or effect on, a casino operator's "gross receipts" as	129216
defined in division (F) of section 5751.01 of the Revised Code.	129217

(E) "Person" has the same meaning as in section 3772.01 of	129218
the Revised Code.	129219

(F) "Slot machine" has the same meaning as in section 3772.01	129220
of the Revised Code.	129221

(G) "Table game" has the same meaning as in section 3772.01	129222
of the Revised Code.	129223

(H) "Tax period" means one twenty-four-hour period with	129224
regard to which a casino operator is required to pay the tax	129225
levied by this chapter.	129226

Sec. 5901.02. In each county there shall be a commission	129227
known as "the veterans service commission." ~~Except as provided in~~	129228
~~section 5901.021 of the Revised Code, the~~The commission shall be	129229
composed of five residents of the county appointed to five-year	129230
terms by a judge of the court of common pleas. At the time of	129231
appointment or reappointment to the commission, no commission	129232
member appointed under this section shall be an employee of the	129233
commission or hold an elective or other appointive office of the	129234
county served by the commission.	129235

Each member of the commission appointed under this section	129236
shall be an honorably discharged or honorably separated veteran.	129237
Within sixty days after the date of appointment, each such member	129238
shall file the member's form DD214 with the department of veterans	129239
services in accordance with guidelines established by the director	129240
of that department. Such appointments shall be made from lists of	129241
recommended persons, in the manner specified in the following	129242
paragraph. One person shall be a representative recommended by the	129243
American Legion; one person shall be a representative recommended	129244
by the Veterans of Foreign Wars; one person shall be a	129245
representative recommended by the Disabled American Veterans; one	129246
person shall be a representative recommended by the AMVETS; and	129247
one person shall be a representative recommended by the Military	129248
Order of the Purple Heart of the U.S.A., the Vietnam Veterans of	129249
America, or the Korean War Veterans Association. If any such	129250
organization has no post or chapter located in the county, the	129251
appointment shall be made from lists of recommended persons	129252
submitted by posts or chapters of any other congressionally	129253
chartered veterans organizations located in the county. If no such	129254
other organizations have posts or chapters located in the county,	129255
the judge responsible for making appointments under this section	129256
may appoint any qualified veteran to represent the veteran	129257
community.	129258

On or before the fifteenth day of October of each year, the	129259
appointing judge shall notify each post or chapter of each	129260
organization within the county from which the member may or must	129261
be appointed that it may submit a list containing three	129262
recommendations of persons who are eligible for appointment. If	129263
the judge does not receive any recommendations within sixty days	129264
after providing the required notification, the judge may appoint	129265
any qualified veteran to represent the veteran community. The	129266
judge shall make the appointment on or before the fifteenth day of	129267
January of each year. Any vacancy in a membership appointed under	129268
this section shall be filled in the same manner as the original	129269
appointments.	129270

Beginning in the year 2000, appointment of members to the	129271
commission under this section shall be made as follows:	129272

(A) Appointments for members to represent the American Legion	129273
shall be made for terms to commence in years ending in zero and	129274
five.	129275

(B) Appointments for members to represent the Veterans of	129276
Foreign Wars shall be made for terms to commence in years ending	129277
in one and six.	129278

(C) Appointments for members to represent the Disabled	129279
American Veterans shall be made for terms to commence in years	129280
ending in two and seven.	129281

(D) Appointments for members to represent the AMVETS shall be	129282
made for terms to commence in years ending in three and eight.	129283

(E) Appointments for members to represent the Military Order	129284
of the Purple Heart of the U.S.A., the Vietnam Veterans of	129285
America, or the Korean War Veterans Association shall be made for	129286
terms to commence in years ending in four and nine.	129287

The terms immediately preceding the initial appointments made	129288
under divisions (A) to (E) of this section may be for periods of	129289
less than five years.	129290

The appointing authority shall remove a member who fails to	129291
maintain certification or whose certification is revoked by the	129292
director of veterans services.	129293

Sec. 6101.16. When it is determined to let the work relating	129294
to the improvements for which a conservancy district was	129295
established by contract, contracts in amounts to exceed	129296
twenty-five thousand dollars shall be advertised after notice	129297
calling for bids has been published once a week for two	129298
consecutive weeks or as provided in section 7.16 of the Revised	129299
Code, with the last publication to occur at least eight days prior	129300
to the date on which bids will be accepted, in a newspaper of	129301
general circulation within the conservancy district where the work	129302
is to be done. If the bids are for a contract for the	129303
construction, demolition, alteration, repair, or reconstruction of	129304
an improvement, the board of directors of the conservancy district	129305
may let the contract to the lowest responsive and most responsible	129306
bidder who meets the requirements of section 153.54 of the Revised	129307
Code. If the bids are for a contract for any other work relating	129308
to the improvements for which a conservancy district was	129309
established, the board of directors of the district may let the	129310
contract to the lowest responsive and most responsible bidder who	129311
gives a good and approved bond, with ample security, conditioned	129312
on the carrying out of the contract. The contract shall be in	129313
writing and shall be accompanied by or refer to plans and	129314
specifications for the work to be done prepared by the chief	129315
engineer. The plans and specifications shall at all times be made	129316
and considered a part of the contract. The contract shall be	129317
approved by the board and signed by the president of the board and	129318
by the contractor and shall be executed in duplicate. In case of	129319
sudden emergency when it is necessary in order to protect the	129320
district, the advertising of contracts may be waived upon the	129321
consent of the board, with the approval of the court or a judge of	129322
the court of common pleas of the county in which the office of the	129323
district is located.	129324

Sec. 6103.04. (A) Whenever any portion of a county sewer	129325
district is incorporated as, or annexed to, a municipal	129326
corporation, the area so incorporated or annexed shall remain	129327
under the jurisdiction of the board of county commissioners for	129328
purposes of the acquisition and construction of water supply	129329
improvements until all of the improvements for the area for which	129330
a resolution described in division (A) or (E) of section 6103.05	129331
of the Revised Code has been adopted by the board have been	129332
acquired or completed or until the board has abandoned the	129333
improvements. The board, unless and until a conveyance is made to	129334
a municipal corporation in accordance with division (B) of this	129335
section, shall continue to have jurisdiction in the area so	129336
incorporated or annexed with respect to the management,	129337
maintenance, and operation of all water supply improvements so	129338
acquired or completed, or previously acquired or completed,	129339
including the right to establish rules and rates and charges for	129340
the use of, and connections to, the improvements. The	129341
incorporation or annexation of any part of a district shall not	129342
affect the legality or enforceability of any public obligations	129343
issued or incurred by the county for purposes of this chapter to	129344
provide for the payment of the cost of acquisition, construction,	129345
maintenance, or operation of any water supply improvements within	129346
the area, or the validity of any assessments levied or to be	129347
levied upon properties within the area to provide for the payment	129348
of the cost of acquisition, construction, maintenance, or	129349
operation of the improvements.	129350

(B) ~~Any~~A board may convey, by mutual agreement, to a	129351
municipal corporation any completed water supply facilities	129352
acquired or constructed by a county under this chapter for the use	129353
of, or service of property located in, any county sewer district,	129354
or any part of those facilities~~, that~~to which any of the	129355
following applies:	129356

(1) The facilities are located within athe municipal	129357
corporation or within any area that is incorporated as, or annexed	129358
to, athe municipal corporation~~, or any part of the~~.	129359

(2) The facilities ~~that~~ provide water for athe municipal	129360
corporation or ~~such an area, may be conveyed, by mutual agreement~~	129361
~~between the board and the municipal corporation, to~~any area that	129362
is located within or that is incorporated as, or annexed to, the	129363
municipal corporation on.	129364

(3) The facilities are connected to water supply facilities	129365
of the municipal corporation.	129366

The conveyance shall be completed with terms and for	129367
consideration as may be negotiated. Upon and after the conveyance,	129368
the municipal corporation shall manage, maintain, and operate the	129369
facilities in accordance with the agreement. The board may retain	129370
the right to joint use of all or part of any facilities so	129371
conveyed for the benefit of the district. Neither the validity of	129372
any assessment levied or to be levied, nor the legality or	129373
enforceability of any public obligations issued or incurred, to	129374
provide for the payment of the cost of the acquisition,	129375
construction, maintenance, or operation of the facilities or any	129376
part of them shall be affected by the conveyance.	129377

Sec. 6103.05. (A) After the establishment of any county	129378
sewer district, the board of county commissioners, if a water	129379
supply improvement is to be undertaken, may have the county	129380
sanitary engineer prepare, or otherwise cause to be prepared, for	129381
the district, or revise as needed, a general plan of water supply	129382
that is as complete as can be developed at the time. After the	129383
general plan, in original or revised form, has been approved by	129384
the board, it may adopt a resolution generally describing the	129385
water supply improvement that is necessary to be acquired or	129386
constructed in accordance with the plan, declaring that the	129387
improvement is necessary for the preservation and promotion of the	129388
public health and welfare, and determining whether or not special	129389
assessments are to be levied and collected to pay any part of the	129390
cost of the improvement.	129391

(B) If special assessments are not to be levied and collected	129392
to pay any part of the cost of the improvement, the board, in the	129393
resolution provided for in division (A) of this section or in a	129394
subsequent resolution, including a resolution authorizing the	129395
issuance or incurrence of public obligations for the improvement,	129396
may authorize the improvement and the expenditure of the funds	129397
required for its acquisition or construction and may proceed with	129398
the improvement without regard to the procedures otherwise	129399
required by divisions (C), (D), and (E) of this section and by	129400
sections 6103.06, 6103.07, and 6117.09 to 6117.24 of the Revised	129401
Code. Those procedures shall be required only for improvements for	129402
which special assessments are to be levied and collected.	129403

(C) If special assessments are to be levied and collected	129404
pursuant to a determination made in the resolution provided for in	129405
division (A) of this section or in a subsequent resolution, the	129406
procedures referred to in division (B) of this section as being	129407
required for that purpose shall apply, and the board may have the	129408
county sanitary engineer prepare, or otherwise cause to be	129409
prepared, detailed plans, specifications, and an estimate of cost	129410
for the improvement, together with a tentative assessment of the	129411
cost based on the estimate. The tentative assessment shall be for	129412
the information of property owners and shall not be levied or	129413
certified to the county auditor for collection. The detailed	129414
plans, specifications, estimate of cost, and tentative assessment,	129415
if approved by the board, shall be carefully preserved in the	129416
office of the board or the county sanitary engineer and shall be	129417
open to the inspection of all persons interested in the	129418
improvement.	129419

(D) After the board's approval of the detailed plans,	129420
specifications, estimate of cost, and tentative assessment, and at	129421
least twenty-four days before adopting a resolution pursuant to	129422
division (E) of this section, the board, except to the extent that	129423
appropriate waivers of notice are obtained from affected owners,	129424
shall cause to be sent a notice of its intent to adopt a	129425
resolution to each owner of property proposed to be assessed that	129426
is listed on the records of the county auditor for current	129427
agricultural use value taxation pursuant to section 5713.31 of the	129428
Revised Code and that is not located in an agricultural district	129429
established under section 929.02 of the Revised Code. The notice	129430
shall satisfy all of the following:	129431

(1) Be sent by first class or certified mail;

129432

(2) Specify the proposed date of the adoption of the	129433
resolution;	129434

(3) Contain a statement that the improvement will be financed	129435
in whole or in part by special assessments and that all properties	129436
not located in an agricultural district established pursuant to	129437
section 929.02 of the Revised Code may be subject to a special	129438
assessment;	129439

(4) Contain a statement that an agricultural district may be	129440
established by filing an application with the county auditor.	129441

If it appears, by the return of the mailed notices or by	129442
other means, that one or more of the affected owners cannot be	129443
found or are not served by the mailed notice, the board shall	129444
cause the notice to be published once in a newspaper of general	129445
circulation in the county not later than ten days before the	129446
adoption of the resolution.	129447

(E) After complying with divisions (A), (C), and (D) of this	129448
section, the board may adopt a resolution declaring that the	129449
improvement, which shall be described as to its nature and its	129450
location, route, and termini, is necessary for the preservation	129451
and promotion of the public health and welfare, referring to the	129452
plans, specifications, estimate of cost, and tentative assessment,	129453
stating the place where they are on file and may be examined, and	129454
providing that the entire cost or a lesser designated part of the	129455
cost will be specially assessed against the benefited properties	129456
within the district and that any balance will be paid by the	129457
county at large from other available funds. The resolution also	129458
shall contain a description of the boundaries of that part of the	129459
district to be assessed and shall designate a time and place for	129460
objections to the improvement, to the tentative assessment, or to	129461
the boundaries of the assessment district to be heard by the	129462
board. The date of that hearing shall be not less than twenty-four	129463
days after the date of the first publication of the notice of the	129464
hearing required by this division.	129465

The board shall cause a notice of the hearing to be published	129466
once a week for two consecutive weeks in a newspaper of general	129467
circulation in the county or as provided in section 7.16 of the	129468
Revised Code, and on or before the date of the second publication,	129469
it shall cause to be sent by first class or certified mail a copy	129470
of the notice to every owner of property to be assessed for the	129471
improvement whose address is known.	129472

The notice shall set forth the time and place of the hearing,	129473
a summary description of the proposed improvement, including its	129474
general route and termini, a summary description of the area	129475
constituting the assessment district, and the place where the	129476
plans, specifications, estimate of cost, and tentative assessment	129477
are on file and may be examined. Each mailed notice also shall	129478
include a statement that the property of the addressee will be	129479
assessed for the improvement. The notice also shall be sent by	129480
first class or certified mail, on or before the date of the second	129481
publication, to the clerk, or the official discharging the duties	129482
of a clerk, of any municipal corporation any part of which lies	129483
within the assessment district and shall state whether or not any	129484
property belonging to the municipal corporation is to be assessed	129485
and, if so, shall identify that property.	129486

At the hearing, or at any adjournment of the hearing, of	129487
which no further published or mailed notice need be given, the	129488
board shall hear all parties whose properties are proposed to be	129489
assessed. Written objections to or endorsements of the proposed	129490
improvement, its character and termini, the boundaries of the	129491
assessment district, or the tentative assessment shall be received	129492
by the board for a period of five days after the completion of the	129493
hearing, and no action shall be taken by the board in the matter	129494
until after that period has elapsed. The minutes of the hearing	129495
shall be entered on the journal of the board showing the persons	129496
who appear in person or by attorney, and all written objections	129497
shall be preserved and filed in the office of the board.	129498

Sec. 6103.06. After the expiration of the period of five	129499
days provided in section 6103.05 of the Revised Code for the	129500
filing of written objections, the board of county commissioners	129501
shall determine whether it will proceed with the construction of	129502
the proposed improvement. If it decides to proceed therewith, the	129503
board shall ratify or amend the plans for the improvement, the	129504
character and termini thereof, the boundaries of the assessment	129505
district, and the tentative assessment, and may cause such	129506
revision of plans, boundaries, or assessments as is necessary to	129507
be made by the county sanitary engineer. If the boundaries of the	129508
assessment district are amended so as to include any property not	129509
included within the boundaries as established by the resolution of	129510
necessity, provided for in section 6103.05 of the Revised Code,	129511
the owners of all such property shall be notified by mail if their	129512
addresses are known, and notice shall be published once a week for	129513
two consecutive weeks in a newspaper of general circulation within	129514
the county or as provided in section 7.16 of the Revised Code,	129515
that such amendments have been adopted and that a hearing will be	129516
given by the board at a time and place stated in such notice at	129517
which all persons interested will be heard by the board. The date	129518
of such hearing shall be not less than twenty-four days after the	129519
first publication of such notice, and the hearing shall be	129520
conducted and records kept in the same manner as the first	129521
hearing. Five days shall be allowed for the filing of written	129522
objections as provided in section 6103.05 of the Revised Code for	129523
the first hearing and after the expiration of such five day period	129524
the board shall ratify the plans for the improvement, the	129525
character and termini thereof, the boundaries of the assessment	129526
district, and the tentative assessment, or shall further amend the	129527
same. If the boundaries of the assessment district are amended so	129528
as to include any property not included in the assessment district	129529
as originally established or previously amended, further notice	129530
and hearing shall be given to the owners of such property in the	129531
same manner as for the first amendment of such boundaries, and the	129532
same procedure shall be repeated until all property owners	129533
affected have been given an opportunity to be heard. If the owners	129534
of all property added to an assessment district by amendment of	129535
the original boundaries thereof waive objection to such amendment	129536
in writing, no further notice or hearing shall be given. After the	129537
board has ratified the plans for the improvement, the character	129538
and termini thereof, the boundaries of the assessment district,	129539
and the tentative assessment, either as originally presented or as	129540
amended, and if it decides to proceed therewith, the board shall	129541
adopt a resolution, to be known as the improvement resolution.	129542
Said improvement resolution shall declare the determination of	129543
such board to proceed with the construction of the improvement	129544
provided for in the resolution of necessity, in accordance with	129545
the plans and specification provided for such improvement, as	129546
ratified or amended, and whether bonds or certificates of	129547
indebtedness shall be issued in anticipation of the collection of	129548
special assessments, or that money in the county treasury	129549
unappropriated for any other purpose shall be appropriated to pay	129550
for said improvement.	129551

Sec. 6103.081. (A) After the establishment of any county	129552
sewer district, the board of county commissioners may determine by	129553
resolution that it is necessary to provide water supply	129554
improvements and to maintain and operate the improvements within	129555
the district or a designated portion of the district, that the	129556
improvements, which shall be generally described in the	129557
resolution, shall be constructed, that funds are required to pay	129558
the preliminary costs of the improvements to be incurred prior to	129559
the commencement of the proceedings for their construction, and	129560
that those funds shall be provided in accordance with this	129561
section.	129562

(B) Prior to the adoption of the resolution, the board shall	129563
give notice of its pendency and of the proposed determination of	129564
the necessity of the improvements generally described in the	129565
resolution. The notice shall set forth a description of the	129566
properties to be benefited by the improvements and the time and	129567
place of a hearing of objections to and endorsements of the	129568
improvements. The notice shall be given either by publication in a	129569
newspaper of general circulation in the county once a week for two	129570
consecutive weeks, by publication as provided in section 7.16 of	129571
the Revised Code, or by mailing a copy of the notice by first	129572
class or certified mail to the owners of the properties proposed	129573
to be assessed at their respective tax mailing addresses, or by	129574
~~both~~a combination of these manners, the first publication to be	129575
made or the mailing to occur at least two weeks prior to the date	129576
set for the hearing. At the hearing, or at any adjournment of the	129577
hearing, of which no further published or mailed notice need be	129578
given, the board shall hear all persons whose properties are	129579
proposed to be assessed and the evidence it considers to be	129580
necessary. The board then shall determine the necessity of the	129581
proposed improvements and whether the improvements shall be made	129582
by the board and, if they are to be made, shall direct the	129583
preparation of tentative assessments upon the benefited properties	129584
and by whom they shall be prepared.	129585

(C) In order to obtain funds for the preparation of a general	129586
or revised general plan of water supply for the district or part	129587
of the district, for the preparation of the detailed plans,	129588
specifications, estimate of cost, and tentative assessment for the	129589
proposed improvements, and for the cost of financing and legal	129590
services incident to the preparation of all of those plans and a	129591
plan of financing the proposed improvements, the board may levy	129592
upon the properties to be benefited in the district a preliminary	129593
assessment apportioned according to benefits or to tax valuation	129594
or partly by one method and partly by the other method as the	129595
board may determine. The assessments shall be in the amount	129596
determined to be necessary to obtain funds for the general and	129597
detailed plans and the cost of financing and legal services and	129598
shall be payable in the number of years that the board shall	129599
determine, not to exceed twenty years, together with interest on	129600
any public obligations that may be issued or incurred in	129601
anticipation of the collection of the assessments.	129602

(D) The board shall have power at any time to levy additional	129603
assessments according to benefits or to tax valuation or partly by	129604
one method and partly by the other method as the board may	129605
determine for the purposes described in division (C) of this	129606
section upon the benefited properties to complete the payment of	129607
the costs described in division (C) of this section or to pay the	129608
cost of any additional plans, specifications, estimate of cost, or	129609
tentative assessment and the cost of financing and legal services	129610
incident to the preparation of those plans and the plan of	129611
financing, which additional assessments shall be payable in the	129612
number of years that the board shall determine, not to exceed	129613
twenty years, together with interest on any public obligations	129614
that may be issued or incurred in anticipation of the collection	129615
of the additional assessments.	129616

(E) Prior to the adoption of a resolution levying assessments	129617
under this section, the board shall give notice either by one	129618
publication in a newspaper of general circulation in the county,	129619
or by mailing a copy of the notice by first class or certified	129620
mail to the owners of the properties proposed to be assessed at	129621
their respective tax mailing addresses, or by both manners, the	129622
publication to be made or the mailing to occur at least ten days	129623
prior to the date of the meeting at which the resolution shall be	129624
taken up for consideration; that notice shall state the time and	129625
place of the meeting at which the resolution is to be considered.	129626
At the time and place of the meeting, or at any adjournment of the	129627
meeting, of which no further published or mailed notice need be	129628
given, the board shall hear all persons whose properties are	129629
proposed to be assessed, shall correct any errors and make any	129630
revisions that appear to be necessary or just, and then may adopt	129631
a resolution levying upon the properties determined to be	129632
benefited the assessments as so corrected and revised.	129633

The assessments levied by the resolution shall be certified	129634
to the county auditor for collection in the same manner as taxes	129635
in the year or years in which they are payable.	129636

(F) Upon the adoption of the resolution described in division	129637
(E) of this section, no further action shall be taken or work done	129638
until ten days have elapsed. If, at the expiration of that period,	129639
no appeal has been effected by any property owner as provided in	129640
this division, the action of the board shall be final. If, at the	129641
end of that ten days, any owner of property to be assessed for the	129642
improvements has effected an appeal, no further action shall be	129643
taken and no work done in connection with the improvements under	129644
the resolution until the matters appealed from have been disposed	129645
of in court.	129646

Any owner of property to be assessed may appeal as provided	129647
and upon the grounds stated in sections 6117.09 to 6117.24 of the	129648
Revised Code.	129649

If no appeal has been perfected or if on appeal the	129650
resolution of the board is sustained, the board may authorize and	129651
enter into contracts to carry out the purpose for which the	129652
assessments have been levied without the prior issuance of notes,	129653
provided that the payments under those contracts do not fall due	129654
prior to the time by which the assessments are to be collected.	129655
The board may issue and sell bonds with a maximum maturity of	129656
twenty years in anticipation of the collection of the assessments	129657
and may issue notes in anticipation of the issuance of the bonds,	129658
which notes and bonds, as public obligations, shall be issued and	129659
sold as provided in Chapter 133. of the Revised Code.	129660

Sec. 6103.31. (A) If the board of county commissioners	129661
determines by resolution that the best interests of the county and	129662
the users of water supply facilities of the county serving a sewer	129663
district so require, the board may sell or otherwise dispose of	129664
the facilities to another public agency or a person. The	129665
resolution declaring the necessity of that disposition shall	129666
recite the reasons for the sale or other disposition and shall	129667
establish any conditions or terms that the board may impose,	129668
including, but not limited to, a minimum sales price if a sale is	129669
proposed, a requirement for the submission by bidders of the	129670
schedule of water rates and charges initially proposed to be paid	129671
by the users of the facilities, and other pertinent conditions or	129672
terms relating to the sale or other disposition. The resolution	129673
also shall designate a time and place for the hearing of	129674
objections to the sale or other disposition by the board. Notice	129675
of the adoption of the resolution and the time and place of the	129676
hearing shall be published as provided in section 7.16 of the	129677
Revised Code, or once a week for two consecutive weeks, in a	129678
newspaper of general circulation in the sewer district and in the	129679
county. The public hearing on the sale or other disposition shall	129680
be held not less than twenty-four days following the date of first	129681
publication of the notice. A copy of the notice also shall be sent	129682
by first class or certified mail, on or before the date of the	129683
second publication, to any public agency within the area served by	129684
the facilities. At the public hearing, or at any adjournment of	129685
it, of which no further published or mailed notice need be given,	129686
the board shall hear all interested parties. A period of five days	129687
shall be given following the completion of the hearing for the	129688
filing of written objections by any interested persons or public	129689
agencies to the sale or other disposition, after which the board	129690
shall consider any objections and by resolution determine whether	129691
or not to proceed with the sale or other disposition. If the board	129692
determines to proceed with the sale or other disposition, it shall	129693
receive bids after advertising once a week for four consecutive	129694
weeks in a newspaper of general circulation in the county or as	129695
provided in section 7.16 of the Revised Code and, subject to the	129696
right of the board to reject any or all bids, may make an award to	129697
a responsible bidder whose proposal is determined by the board to	129698
be in the best interests of the county and the users of the	129699
facilities.	129700

(B) A conveyance of water supply facilities by a county to a	129701
municipal corporation, in accordance with division (B) of section	129702
6103.04 of the Revised Code, may be made without regard to	129703
division (A) of this section.	129704

Sec. 6105.131. The board of directors of a watershed	129705
district may designate a specific reach in the channel of any	129706
watercourse within the territorial boundaries of the district as a	129707
restricted channel, when the construction or alteration of	129708
structures or obstructions within such channel will restrict its	129709
capacity so as to constitute an unreasonable hazard to the safety	129710
of life and property in times of flood, or designate any area	129711
outside the banks of a restricted channel as a restricted floodway	129712
when such area is reasonably necessary to the efficiency of a	129713
restricted channel as a means of carrying off flood waters. Such	129714
designation of a restricted channel or restricted floodway shall	129715
be made in the following manner:	129716

(A) The board shall adopt a resolution stating its intent to	129717
designate a specific reach in a channel of a watercourse as a	129718
restricted channel or a specific area as a restricted floodway.	129719
Such resolution shall contain a description of the reach of the	129720
channel to be designated as a restricted channel or description of	129721
the area to be designated as a restricted floodway and the reasons	129722
of the board for making such designation.	129723

(B) The board shall cause such resolution to be published as	129724
provided in section 7.16 of the Revised Code or once a week for	129725
two consecutive weeks in a newspaper of general circulation in the	129726
county or counties in which such restricted channel or restricted	129727
floodway is located, together with a notice of the time and place	129728
where a hearing will be held by the board on the question of	129729
designating such channel as a restricted channel or such area as a	129730
restricted floodway ~~and~~. The board also shall give not less than	129731
ten days notice of said hearing by first class mail to all owners	129732
of property within the area proposed to be designated as a	129733
restricted floodway. The date of such hearing shall be not less	129734
than ten days after the completion of the publication provided for	129735
by this division.	129736

(C) The board shall hold a hearing at the time and place	129737
designated in the notice published under division (B) of this	129738
section at which time indorsements of and objections to the	129739
designation of such channel as a restricted channel or such area	129740
as a restricted floodway shall be heard.	129741

(D) The board may, after the completion of the hearing under	129742
division (C) of this section and after finding that the	129743
construction or alteration of structures or obstructions or	129744
relocation, alteration, restriction, deposit, or encroachment	129745
within the designated reach of such channel will restrict its	129746
capacity so as to constitute an unreasonable hazard to the safety	129747
of life and property in times of flood, adopt a resolution	129748
designating the reach of the channel described in the resolution	129749
of intent adopted under division (A) of this section or any	129750
modification thereof as a restricted channel.	129751

(E) In like manner the board may, after completion of a	129752
hearing under division (C) of this section and after finding that	129753
the construction or alteration of structures or obstructions or	129754
change of grade within a designated floodway area will restrict	129755
its capacity or efficiency as a means of carrying off flood water	129756
so as to constitute an unreasonable hazard to the safety of life	129757
and property in times of flood, adopt a resolution designating the	129758
area described in the resolution of intent adopted under division	129759
(A) of this section, or any modification thereof, as a restricted	129760
floodway.	129761

Sec. 6109.21. (A) Except as provided in divisions (D) and	129762
(E) of this section, on and after January 1, 1994, no person shall	129763
operate or maintain a public water system in this state without a	129764
license issued by the director of environmental protection. A	129765
person who operates or maintains a public water system on January	129766
1, 1994, shall obtain an initial license under this section in	129767
accordance with the following schedule:	129768

(1) If the public water system is a community water system,	129769
not later than January 31, 1994;	129770

(2) If the public water system is not a community water	129771
system and serves a nontransient population, not later than	129772
January 31, 1994;	129773

(3) If the public water system is not a community water	129774
system and serves a transient population, not later than January	129775
31, 1995.	129776

A person proposing to operate or maintain a new public water	129777
system after January 1, 1994, in addition to complying with	129778
section 6109.07 of the Revised Code and rules adopted under it,	129779
shall submit an application for an initial license under this	129780
section to the director prior to commencing operation of the	129781
system.	129782

A license or license renewal issued under this section shall	129783
be renewed annually. Such a license or license renewal shall	129784
expire on the thirtieth day of January in the year following its	129785
issuance. A license holder that proposes to continue operating the	129786
public water system for which the license or license renewal was	129787
issued shall apply for a license renewal at least thirty days	129788
prior to that expiration date.	129789

The director shall adopt, and may amend and rescind, rules in	129790
accordance with Chapter 119. of the Revised Code establishing	129791
procedures governing and information to be included on	129792
applications for licenses and license renewals under this section.	129793
Through June 30, ~~2012~~2014, each application shall be accompanied	129794
by the appropriate fee established under division (M) of section	129795
3745.11 of the Revised Code, provided that an applicant for an	129796
initial license who is proposing to operate or maintain a new	129797
public water system after January 1, 1994, shall submit a fee that	129798
equals a prorated amount of the appropriate fee established under	129799
that division for the remainder of the licensing year.	129800

(B) Not later than thirty days after receiving a completed	129801
application and the appropriate license fee for an initial license	129802
under division (A) of this section, the director shall issue the	129803
license for the public water system. Not later than thirty days	129804
after receiving a completed application and the appropriate	129805
license fee for a license renewal under division (A) of this	129806
section, the director shall do one of the following:	129807

(1) Issue the license renewal for the public water system;

129808

(2) Issue the license renewal subject to terms and conditions	129809
that the director determines are necessary to ensure compliance	129810
with this chapter and rules adopted under it;	129811

(3) Deny the license renewal if the director finds that the	129812
public water system was not operated in substantial compliance	129813
with this chapter and rules adopted under it.	129814

(C) The director may suspend or revoke a license or license	129815
renewal issued under this section if the director finds that the	129816
public water system was not operated in substantial compliance	129817
with this chapter and rules adopted under it. The director shall	129818
adopt, and may amend and rescind, rules in accordance with Chapter	129819
119. of the Revised Code governing such suspensions and	129820
revocations.	129821

(D)(1) As used in division (D) of this section, "church"	129822
means a fellowship of believers, congregation, society,	129823
corporation, convention, or association that is formed primarily	129824
or exclusively for religious purposes and that is not formed or	129825
operated for the private profit of any person.	129826

(2) This section does not apply to a church that operates or	129827
maintains a public water system solely to provide water for that	129828
church or for a campground that is owned by the church and	129829
operated primarily or exclusively for members of the church and	129830
their families. A church that, on or before March 5, 1996, has	129831
obtained a license under this section for such a public water	129832
system need not obtain a license renewal under this section.	129833

(E) This section does not apply to any public or nonpublic	129834
school that meets minimum standards of the state board of	129835
education that operates or maintains a public water system solely	129836
to provide water for that school.	129837

(F) The environmental protection agency shall collect well	129838
log filing fees on behalf of the division of soil and water	129839
resources in the department of natural resources in accordance	129840
with section 1521.05 of the Revised Code and rules adopted under	129841
it. The fees shall be submitted to the division quarterly as	129842
provided in those rules.	129843

Sec. 6111.038. There is hereby created in the state treasury	129844
the surface water protection fund, consisting of moneys	129845
distributed to it. The director of environmental protection shall	129846
use moneys in the fund solely for administration and	129847
implementation of surface water protection programs, including at	129848
least programs required under the "Federal Water Pollution Control	129849
Act" and programs necessary to carry out the purposes of this	129850
chapter. Those programs shall include at least the development of	129851
water quality standards; the development of wasteload allocations;	129852
the establishment of water quality-based effluent limits; the	129853
monitoring and analysis of chemical, physical, and biological	129854
surface water quality; the issuance, modification, and renewal of	129855
NPDES permits and permits to install; the ensurance of compliance	129856
with permit conditions; the management and oversight of	129857
pretreatment programs; the provision of technical assistance to	129858
publicly owned treatment works; and the administration of the	129859
water pollution control loan fund created in section 6111.036 of	129860
the Revised Code.	129861

~~Moneys in the fund shall not be used to meet any state~~	129862
~~matching requirements that are necessary to obtain federal grants.~~	129863

Sec. 6111.044. Upon receipt of an application for an	129864
injection well drilling permit, an injection well operating	129865
permit, a renewal of an injection well operating permit, or a	129866
modification of an injection well drilling permit, operating	129867
permit, or renewal of an operating permit, the director of	129868
environmental protection shall determine whether the application	129869
is complete and demonstrates that the activities for which the	129870
permit, renewal permit, or modification is requested will comply	129871
with the Federal Water Pollution Control Act and regulations	129872
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	129873
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	129874
under it; and this chapter and the rules adopted under it. If the	129875
application demonstrates that the proposed activities will not	129876
comply or will pose an unreasonable risk of inducing seismic	129877
activity, inducing geologic fracturing, or contamination of an	129878
underground source of drinking water, the director shall deny the	129879
application. If the application does not make the required	129880
demonstrations, the director shall return it to the applicant with	129881
an indication of those matters about which a required	129882
demonstration was not made. If the director determines that the	129883
application makes the required demonstrations, the director shall	129884
transmit copies of the application and all of the accompanying	129885
maps, data, samples, and information to the chief of the division	129886
of ~~mineral~~oil and gas resources management, the chief of the	129887
division of geological survey, ~~and~~ the chief of the division of	129888
soil and water resources, and, if the well is or is to be located	129889
in a coal bearing township designated under section 1561.06 of the	129890
Revised Code, the chief of the division of mineral resources	129891
management in the department of natural resources.	129892

The chief of the division of geological survey shall comment	129893
upon the application if the chief determines that the proposed	129894
well or injection will present an unreasonable risk of loss or	129895
damage to valuable mineral resources. If the chief submits	129896
comments on the application, those comments shall be accompanied	129897
by an evaluation of the geological factors upon which the comments	129898
are based, including fractures, faults, earthquake potential, and	129899
the porosity and permeability of the injection zone and confining	129900
zone, and by the documentation supporting the evaluation. The	129901
director shall take into consideration the chief's comments, and	129902
the accompanying evaluation of geologic factors and supporting	129903
documentation, when considering the application. The director	129904
shall provide written notice to the chief of the director's	129905
decision on the application and, if the chief's comments are not	129906
included in the permit, renewal permit, or modification, of the	129907
director's rationale for not including them.	129908

The chief of the division of ~~mineral~~oil and gas resources	129909
management shall comment upon the application if the chief	129910
determines that the proposed well or injection will present an	129911
unreasonable risk that waste or contamination of recoverable oil	129912
or gas in the earth will occur. If the chief submits comments on	129913
the application, those comments shall be accompanied by an	129914
evaluation of the oil or gas reserves that, in the best	129915
professional judgment of the chief, are recoverable and will be	129916
adversely affected by the proposed well or injection, and by the	129917
documentation supporting the evaluation. The director shall take	129918
into consideration the chief's comments, and the accompanying	129919
evaluation and supporting documentation, when considering the	129920
application. The director shall provide written notice to the	129921
chief of the director's decision on the application and, if the	129922
chief's comments are not included in the permit, renewal permit,	129923
or modification, of the director's rationale for not including	129924
them.	129925

The chief of the division of soil and water resources shall	129926
assist the director in determining whether all underground sources	129927
of drinking water in the area of review of the proposed well or	129928
injection have been identified and correctly delineated in the	129929
application. If the application fails to identify or correctly	129930
delineate an underground source of drinking water, the chief shall	129931
provide written notice of that fact to the director.	129932

The chief of the division of mineral resources management	129933
~~also~~ shall review the application as follows:	129934

If the application concerns the drilling or conversion of a	129935
well or the injection into a well that is not or is not to be	129936
located within five thousand feet of the excavation and workings	129937
of a mine, the chief of the division of mineral resources	129938
management shall note upon the application that it has been	129939
examined by the division of mineral resources management, retain a	129940
copy of the application and map, and immediately return a copy of	129941
the application to the director.	129942

If the application concerns the drilling or conversion of a	129943
well or the injection into a well that is or is to be located	129944
within five thousand feet, but more than five hundred feet from	129945
the surface excavations and workings of a mine, the chief of the	129946
division of mineral resources management immediately shall notify	129947
the owner or lessee of the mine that the application has been	129948
filed and send to the owner or lessee a copy of the map	129949
accompanying the application setting forth the location of the	129950
well. The chief of the division of mineral resources management	129951
shall note on the application that the notice has been sent to the	129952
owner or lessee of the mine, retain a copy of the application and	129953
map, and immediately return a copy of the application to the	129954
director with the chief's notation on it.	129955

If the application concerns the drilling or conversion of a	129956
well or the injection into a well that is or is to be located	129957
within five thousand feet of the underground excavations and	129958
workings of a mine or within five hundred feet of the surface	129959
excavations and workings of a mine, the chief of the division of	129960
mineral resources management immediately shall notify the owner or	129961
lessee of the mine that the application has been filed and send to	129962
the owner or lessee a copy of the map accompanying the application	129963
setting forth the location of the well. If the owner or lessee	129964
objects to the application, the owner or lessee shall notify the	129965
chief of the division of mineral resources management of the	129966
objection, giving the reasons, within six days after the receipt	129967
of the notice. If the chief of the division of mineral resources	129968
management receives no objections from the owner or lessee of the	129969
mine within ten days after the receipt of the notice by the owner	129970
or lessee, or if in the opinion of the chief of the division of	129971
mineral resources management the objections offered by the owner	129972
or lessee are not sufficiently well founded, the chief shall	129973
retain a copy of the application and map and return a copy of the	129974
application to the director with any applicable notes concerning	129975
it.	129976

If the chief of the division of mineral resources management	129977
receives an objection from the owner or lessee of the mine as to	129978
the application, within ten days after receipt of the notice by	129979
the owner or lessee, and if in the opinion of the chief the	129980
objection is well founded, the chief shall disapprove the	129981
application and immediately return it to the director together	129982
with the chief's reasons for the disapproval. The director	129983
promptly shall notify the applicant for the permit, renewal	129984
permit, or modification of the disapproval. The applicant may	129985
appeal the disapproval of the application by the chief of the	129986
division of mineral resources management to the reclamation	129987
commission created under section 1513.05 of the Revised Code, and	129988
the commission shall hear the appeal in accordance with section	129989
1513.13 of the Revised Code. The appeal shall be filed within	129990
thirty days from the date the applicant receives notice of the	129991
disapproval. No comments concerning or disapproval of an	129992
application shall be delayed by the chief of the division of	129993
mineral resources management for more than fifteen days from the	129994
date of sending of notice to the mine owner or lessee as required	129995
by this section.	129996

The director shall not approve an application for an	129997
injection well drilling permit, an injection well operating	129998
permit, a renewal of an injection well operating permit, or a	129999
modification of an injection well drilling permit, operating	130000
permit, or renewal of an operating permit for a well that is or is	130001
to be located within three hundred feet of any opening of any mine	130002
used as a means of ingress, egress, or ventilation for persons	130003
employed in the mine, nor within one hundred feet of any building	130004
or flammable structure connected with the mine and actually used	130005
as a part of the operating equipment of the mine, unless the chief	130006
of the division of mineral resources management determines that	130007
life or property will not be endangered by drilling and operating	130008
the well in that location.	130009

Upon review by the chief of the division of ~~mineral~~oil and	130010
gas resources management, the chief of the division of geological	130011
survey, and the chief of the division of soil and water resources,	130012
and if the chief of the division of mineral resources management	130013
has not disapproved the application, the director shall issue a	130014
permit, renewal permit, or modification with any terms and	130015
conditions that may be necessary to comply with the Federal Water	130016
Pollution Control Act and regulations adopted under it; the "Safe	130017
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as	130018
amended, and regulations adopted under it; and this chapter and	130019
the rules adopted under it. The director shall not issue a permit,	130020
renewal permit, or modification to an applicant if the applicant	130021
or persons associated with the applicant have engaged in or are	130022
engaging in a substantial violation of this chapter that is	130023
endangering or may endanger human health or the environment or if,	130024
in the case of an applicant for an injection well drilling permit,	130025
the applicant, at the time of applying for the permit, did not	130026
hold an injection well operating permit or renewal of an injection	130027
well drilling permit and failed to demonstrate sufficient	130028
expertise and competency to operate the well in compliance with	130029
the applicable provisions of this chapter.	130030

If the director receives a disapproval from the chief of the	130031
division of mineral resources management regarding an application	130032
for an injection well drilling or operating permit, renewal	130033
permit, or modification, if required, the director shall issue an	130034
order denying the application.	130035

The director need not issue a proposed action under section	130036
3745.07 of the Revised Code or hold an adjudication hearing under	130037
that section and Chapter 119. of the Revised Code before issuing	130038
or denying a permit, renewal permit, or modification of a permit	130039
or renewal permit. Before issuing or renewing a permit to drill or	130040
operate a class I injection well or a modification of it, the	130041
director shall propose the permit, renewal permit, or modification	130042
in draft form and shall hold a public hearing to receive public	130043
comment on the draft permit, renewal permit, or modification. At	130044
least fifteen days before the public hearing on a draft permit,	130045
renewal permit, or modification, the director shall publish notice	130046
of the date, time, and location of the public hearing in at least	130047
one newspaper of general circulation serving the area where the	130048
well is or is to be located. The proposing of such a draft permit,	130049
renewal permit, or modification does not constitute the issuance	130050
of a proposed action under section 3745.07 of the Revised Code,	130051
and the holding of the public hearing on such a draft permit,	130052
renewal permit, or modification does not constitute the holding of	130053
an adjudication hearing under that section and Chapter 119. of the	130054
Revised Code. Appeals of orders other than orders of the chief of	130055
the division of mineral resources management shall be taken under	130056
sections 3745.04 to 3745.08 of the Revised Code.	130057

The director may order that an injection well drilling permit	130058
or an injection well operating permit or renewal permit be	130059
suspended and that activities under it cease after determining	130060
that those activities are occurring in violation of law, rule,	130061
order, or term or condition of the permit. Upon service of a copy	130062
of the order upon the permit holder or the permit holder's	130063
authorized agent or assignee, the permit and activities under it	130064
shall be suspended immediately without prior hearing and shall	130065
remain suspended until the violation is corrected and the order of	130066
suspension is lifted. If a violation is the second within a	130067
one-year period, the director, after a hearing, may revoke the	130068
permit.	130069

The director may order that an injection well drilling permit	130070
or an injection well operating permit or renewal permit be	130071
suspended and that activities under it cease if the director has	130072
reasonable cause to believe that the permit would not have been	130073
issued if the information available at the time of suspension had	130074
been available at the time a determination was made by one of the	130075
agencies acting under authority of this section. Upon service of a	130076
copy of the order upon the permit holder or the permit holder's	130077
authorized agent or assignee, the permit and activities under it	130078
shall be suspended immediately without prior hearing, but a permit	130079
may not be suspended for that reason without prior hearing unless	130080
immediate suspension is necessary to prevent waste or	130081
contamination of oil or gas, comply with the Federal Water	130082
Pollution Control Act and regulations adopted under it; the "Safe	130083
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	130084
amended, and regulations adopted under it; and this chapter and	130085
the rules adopted under it, or prevent damage to valuable mineral	130086
resources, prevent contamination of an underground source of	130087
drinking water, or prevent danger to human life or health. If	130088
after a hearing the director determines that the permit would not	130089
have been issued if the information available at the time of the	130090
hearing had been available at the time a determination was made by	130091
one of the agencies acting under authority of this section, the	130092
director shall revoke the permit.	130093

When a permit has been revoked, the permit holder or other	130094
person responsible for it immediately shall plug the well in the	130095
manner required by the director.	130096

The director may issue orders to prevent or require cessation	130097
of violations of this section, section 6111.043, 6111.045,	130098
6111.046, or 6111.047 of the Revised Code, rules adopted under any	130099
of those sections, and terms or conditions of permits issued under	130100
any of them. The orders may require the elimination of conditions	130101
caused by the violation.	130102

Sec. 6111.46. (A) The environmental protection agency shall	130103
exercise general supervision of the treatment and disposal of	130104
sewage and industrial wastes and the operation and maintenance of	130105
works or means installed for the collection, treatment, and	130106
disposal of sewage and industrial wastes. Such general supervision	130107
shall apply to all features of construction, operation, and	130108
maintenance of the works or means that do or may affect the proper	130109
treatment and disposal of sewage and industrial wastes.	130110

(B)(1) The agency shall investigate the works or means	130111
employed in the collection, treatment, and disposal of sewage and	130112
industrial wastes whenever considered necessary or whenever	130113
requested to do so by local health officials and may issue and	130114
enforce orders and shall adopt rules governing the operation and	130115
maintenance of the works or means of treatment and disposal of	130116
such sewage and industrial wastes. In adopting rules under this	130117
section, the agency shall establish standards governing the	130118
construction, operation, and maintenance of the works or means of	130119
collection, treatment, and disposal of sewage that is generated at	130120
recreational vehicle parks, recreation camps, combined park-camps,	130121
and temporary park-camps that are separate from such standards	130122
relative to manufactured home parks.	130123

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

130124

(a) "Manufactured home parks" has the same meaning as in	130125
section ~~3733.01~~4781.01 of the Revised Code.	130126

(b) "Recreational vehicle parks," "recreation camps,"	130127
"combined park-camps," and "temporary park-camps" have the same	130128
meanings as in section 3729.01 of the Revised Code.	130129

(C) The agency may require the submission of records and data	130130
of construction, operation, and maintenance, including plans and	130131
descriptions of existing works or means of treatment and disposal	130132
of such sewage and industrial wastes. When the agency requires the	130133
submission of such records or information, the public officials or	130134
person, firm, or corporation having the works in charge shall	130135
comply promptly with that order.	130136

Sec. 6115.01. As used in sections 6115.01 to 6115.79 of the	130137
Revised Code:	130138

(A) "Publication" means once a week for three consecutive	130139
weeks in ~~each of two newspapers of different political~~	130140
~~affiliations, if there are such newspapers, and~~a newspaper of	130141
general circulation in the counties wherein publication is to be	130142
made or as provided in section 7.16 of the Revised Code.	130143
Publication need not be made on the same day of the week in each	130144
of the ~~three~~ weeks; but not less than fourteen days, excluding the	130145
day of first publication, shall intervene between the first	130146
publication and the last publication. Publication shall be	130147
complete on the date of the last publication.	130148

(B) "Person" means person, firm, partnership, association, or	130149
corporation, other than county, township, municipal corporation,	130150
or other political subdivision.	130151

(C) "Public corporation" means counties, townships, municipal	130152
corporations, school districts, road districts, ditch districts,	130153
park districts, levee districts, and all other governmental	130154
agencies clothed with the power of levying general or special	130155
taxes.	130156

(D) "Court" means the court of common pleas in which the	130157
petition for the organization of a sanitary district was filed and	130158
granted. In the case of a district lying in more than one county,	130159
"court" means the court comprised of one judge of the court of	130160
common pleas from each county as provided in section 6115.04 of	130161
the Revised Code.	130162

(E) "Land" or "property," unless otherwise specified, means	130163
real property, as "real property" is used in and defined by the	130164
laws of this state, and embraces all railroads, tramroads, roads,	130165
electric railroads, street and interurban railroads, streets and	130166
street improvements, telephones, telegraph, and transmission	130167
lines, gas, sewerage, and water systems, pipelines and	130168
rights-of-way of public service corporations, and all other real	130169
property whether public or private.	130170

(F) "Board of directors" applies to the duties of one	130171
director appointed in accordance with section 6115.10 of the	130172
Revised Code in a district lying wholly within one county.	130173

(G) "Biting arthropods" include mosquitoes, ticks, biting	130174
flies, or other biting arthropods capable of transmitting disease	130175
to humans.	130176

(H) "Bond" or "bonds" means bonds, notes, certificates of	130177
indebtedness, certificates of participation, commercial paper, and	130178
other instruments in writing, including, unless the context does	130179
not admit, bonds or notes issued in anticipation of the issuance	130180
of other bonds, issued by a sanitary district to evidence its	130181
obligation to repay money borrowed, or to pay interest, by, or to	130182
pay at any future time other money obligations of, the sanitary	130183
district.	130184

(I) "Financing costs" has the same meaning as in division (K)	130185
of section 133.01 of the Revised Code.	130186

Sec. 6115.20. (A) When it is determined to let the work	130187
relating to the improvements for which a sanitary district was	130188
established by contract, contracts in amounts to exceed ten	130189
thousand dollars shall be advertised after notice calling for bids	130190
has been published once a week for five consecutive weeks	130191
completed on the date of last publication or as provided in	130192
section 7.16 of the Revised Code, in ~~at least one~~a newspaper of	130193
general circulation within the sanitary district where the work is	130194
to be done. The board of directors of the sanitary district shall	130195
let bids as provided in this section or, if applicable, section	130196
9.312 of the Revised Code. If the bids are for a contract for the	130197
construction, demolition, alteration, repair, or reconstruction of	130198
an improvement, the board of directors of the sanitary district	130199
shall let the contract to the lowest or best bidder who meets the	130200
requirements of section 153.54 of the Revised Code. If the bids	130201
are for a contract for any other work relating to the improvements	130202
for which a sanitary district was established, the board of	130203
directors of the sanitary district shall let the contract to the	130204
lowest or best bidder who gives a good and approved bond, with	130205
ample security, conditioned on the carrying out of the contract	130206
and the payment for all labor and material. The contract shall be	130207
in writing and shall be accompanied by or shall refer to plans and	130208
specifications for the work to be done prepared by the chief	130209
engineer. The plans and specifications at all times shall be made	130210
and considered a part of the contract. The contract shall be	130211
approved by the board and signed by the president of the board and	130212
by the contractor and shall be executed in duplicate. In case of	130213
emergency the advertising of contracts may be waived upon the	130214
consent of the board with the approval of the court or judge in	130215
vacation.	130216

(B) In the case of a sanitary district organized wholly for	130217
the purpose of providing a water supply for domestic, municipal,	130218
and public use that includes two municipal corporations in two	130219
counties, any service to be purchased, including the services of	130220
an accountant, architect, attorney at law, physician, or	130221
professional engineer, at a cost in excess of ten thousand dollars	130222
shall be obtained in the manner provided in sections 153.65 to	130223
~~153.71~~153.73 of the Revised Code. For the purposes of the	130224
application of those sections to division (B) of this section, all	130225
of the following apply:	130226

(1) "Public authority," as used in those sections, shall be	130227
deemed to mean a sanitary district organized wholly for the	130228
purpose of providing a water supply for domestic, municipal, and	130229
public use that includes two municipal corporations in two	130230
counties;	130231

(2) "Professional design firm," as used in those sections,	130232
shall be deemed to mean any person legally engaged in rendering	130233
professional design services as defined in division (B)(3) of this	130234
section;	130235

(3) "Professional design services," as used in those	130236
sections, shall be deemed to mean accounting, architectural,	130237
legal, medical, or professional engineering services;	130238

(4) The use of other terms in those sections shall be adapted	130239
accordingly, including, without limitation, for the purposes of	130240
division ~~(D)(2)~~(E) of section 153.67 of the Revised Code;	130241

(5) Divisions (A) to (C) of section 153.71 of the Revised	130242
Code do not apply.	130243

(C) The board of directors of a district organized wholly for	130244
the purpose of providing a water supply for domestic, municipal,	130245
and public use may contract for, purchase, or otherwise procure	130246
for the benefit of employees of the district and pay all or any	130247
part of the cost of group insurance policies that may provide	130248
benefits, including, but not limited to, hospitalization, surgical	130249
care, major medical care, disability, dental care, vision care,	130250
medical care, hearing aids, or prescription drugs. Any group	130251
insurance policy purchased under this division shall be purchased	130252
from the health care corporation that the board of directors	130253
determines offers the most cost-effective group insurance policy.	130254

Sec. 6115.321. (A) The legislative authority of a municipal	130255
corporation whose territory is included within the territory of a	130256
sanitary district that is established solely for the reduction of	130257
populations of biting arthropods pursuant to division (F) of	130258
section 6115.04 of the Revised Code may enact an ordinance by a	130259
majority vote to submit to the electors of the municipal	130260
corporation the question of whether the territory of the municipal	130261
corporation that is currently included in the district should be	130262
excluded from the district. If the legislative authority of a	130263
municipal corporation enacts such an ordinance, the clerk of the	130264
legislative authority shall transmit a certified copy of the	130265
ordinance to all of the applicable boards of elections. On receipt	130266
of such a certified copy of an ordinance from a legislative	130267
authority, each applicable board of elections shall submit the	130268
proposed question to the electors of the municipal corporation for	130269
approval or rejection at the next general election occurring	130270
subsequent to ninety days after the clerk certifies the ordinance	130271
to the boards of elections. A board of elections shall publish the	130272
full text of the proposed question as set forth in division (B) of	130273
this section one time in a newspaper of general circulation in the	130274
municipal corporation at least fifteen days prior to the election	130275
at which the question is to be submitted to the electors.	130276

(B) The form of the ballots cast at the election shall be as	130277
follows:	130278

"Shall the territory ........... (name of municipal	130279
corporation) be excluded from the ........... (name of sanitary	130280
district) established solely for the reduction of populations of	130281
biting arthropods?	130282

130283

		Yes			130284
		No	"		130285

(C) If a majority of electors voting on the question of	130286
excluding a municipal corporation from the sanitary district vote	130287
in favor of the exclusion, the clerk of the legislative authority	130288
of the municipal corporation shall transmit a copy of the	130289
certified election results to all of the following:	130290

(1) The court of common pleas that entered the order that	130291
established the sanitary district in accordance with section	130292
6115.08 of the Revised Code;	130293

(2) The county auditor of each county in which territory of	130294
the municipal corporation is located;	130295

(3) The county treasurer of each county in which territory of	130296
the municipal corporation is located.	130297

(D) On receipt of a copy of the certified election results	130298
under division (C)(1) of this section, the applicable court of	130299
common pleas shall enter an order on the docket excluding the	130300
territory of the municipal corporation from the territory of the	130301
sanitary district. The exclusion shall take effect on the first	130302
day of January or the first day of July, whichever is earlier,	130303
following the vote in favor of the exclusion of the territory of	130304
the municipal corporation from the territory of the sanitary	130305
district.	130306

(E) On receipt of a copy of the certified election results	130307
under division (C)(2) of this section, a county auditor shall	130308
remove any assessment levied by or for the benefit of the sanitary	130309
district under this chapter on real property that is located	130310
within the territory of the municipal corporation that is to	130311
become due on or after the first day of January or the first day	130312
of July, whichever is earlier, following the vote in favor of the	130313
exclusion of the territory of the municipal corporation from the	130314
territory of the sanitary district.	130315

(F) On receipt of a copy of the certified election results	130316
under division (C)(3) of this section, a county treasurer shall	130317
not collect on or after the first day of January or the first day	130318
of July, whichever is earlier, following the vote in favor of the	130319
exclusion of the territory of the municipal corporation from the	130320
territory of the sanitary district any assessment levied by or for	130321
the benefit of the sanitary district under this chapter on real	130322
property that is located within the territory of the municipal	130323
corporation.	130324

Sec. 6117.05. (A) Whenever any portion of a sewer district	130325
is incorporated as, or annexed to, a municipal corporation, the	130326
area so incorporated or annexed shall remain under the	130327
jurisdiction of the board of county commissioners for purposes of	130328
the acquisition and construction of sanitary and drainage facility	130329
and prevention or replacement facility improvements until all of	130330
those improvements for the area for which a resolution described	130331
in division (A) or (E) of section 6117.06 of the Revised Code has	130332
been adopted by the board have been acquired or completed or until	130333
the board has abandoned the improvements. The board, unless and	130334
until a conveyance is made to a municipal corporation in	130335
accordance with division (B) of this section, shall continue to	130336
have jurisdiction in the area so incorporated or annexed with	130337
respect to the management, maintenance, and operation of all	130338
sanitary and drainage facilities and prevention or replacement	130339
facilities so acquired or completed, or previously acquired or	130340
completed, including the right to establish rules and rates and	130341
charges for the use of, and connections to, the facilities. The	130342
incorporation or annexation of any part of a district shall not	130343
affect the legality or enforceability of any public obligations	130344
issued or incurred by the county for purposes of this chapter to	130345
provide for the payment of the cost of acquisition, construction,	130346
maintenance, or operation of any sanitary or drainage facilities	130347
or prevention or replacement facilities within the area, or the	130348
validity of any assessments levied or to be levied upon properties	130349
within the area to provide for the payment of the cost of	130350
acquisition, construction, maintenance, or operation of the	130351
facilities.	130352

(B) ~~Any~~A board may convey, by mutual agreement, to a	130353
municipal corporation any completed sanitary or drainage	130354
facilities or prevention or replacement facilities acquired or	130355
constructed by a county under this chapter for the use of, or	130356
service of property located in, any county sewer district, or any	130357
part of those facilities~~, that~~to which any of the following	130358
applies:	130359

(1) The facilities are located within athe municipal	130360
corporation or within any area that is incorporated as, or annexed	130361
to, athe municipal corporation~~, or any part of the~~.	130362

(2) The facilities ~~that~~ serve athe municipal corporation or	130363
~~such an area, may be conveyed, by mutual agreement between the~~	130364
~~board and the municipal corporation, to~~any area that is located	130365
within or that is incorporated as, or annexed to, the municipal	130366
corporation on.	130367

(3) The facilities are connected to facilities of the	130368
municipal corporation.	130369

The conveyance shall be completed with terms and for	130370
consideration as may be negotiated. Upon and after the conveyance,	130371
the municipal corporation shall manage, maintain, and operate the	130372
facilities in accordance with the agreement. The board may retain	130373
the right to joint use of all or part of any facilities so	130374
conveyed for the benefit of the district. Neither the validity of	130375
any assessment levied or to be levied, nor the legality or	130376
enforceability of any public obligations issued or incurred, to	130377
provide for the payment of the cost of the acquisition,	130378
construction, maintenance, or operation of the facilities or any	130379
part of them, shall be affected by the conveyance.	130380

Sec. 6117.06. (A) After the establishment of any sewer	130381
district, the board of county commissioners, if a sanitary or	130382
drainage facility or prevention or replacement facility	130383
improvement is to be undertaken, may have the county sanitary	130384
engineer prepare, or otherwise cause to be prepared, for the	130385
district, or revise as needed, a general plan of sewerage or	130386
drainage that is as complete in each case as can be developed at	130387
the time and that is devised with regard to any existing sanitary	130388
or drainage facilities or prevention or replacement facilities in	130389
the district and present as well as prospective needs for	130390
additional sanitary or drainage facilities or prevention or	130391
replacement facilities in the district. After the general plan, in	130392
original or revised form, has been approved by the board, it may	130393
adopt a resolution generally describing the improvement that is	130394
necessary to be acquired or constructed in accordance with the	130395
particular plan, declaring that the improvement is necessary for	130396
the preservation and promotion of the public health and welfare,	130397
and determining whether or not special assessments are to be	130398
levied and collected to pay any part of the cost of the	130399
improvement.	130400

(B) If special assessments are not to be levied and collected	130401
to pay any part of the cost of the improvement, the board, in the	130402
resolution provided for in division (A) of this section or in a	130403
subsequent resolution, including a resolution authorizing the	130404
issuance or incurrence of public obligations for the improvement,	130405
may authorize the improvement and the expenditure of the funds	130406
required for its acquisition or construction and may proceed with	130407
the improvement without regard to the procedures otherwise	130408
required by divisions (C), (D), and (E) of this section and by	130409
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	130410
are required only for improvements for which special assessments	130411
are to be levied and collected.	130412

(C) If special assessments are to be levied and collected	130413
pursuant to a determination made in the resolution provided for in	130414
division (A) of this section or in a subsequent resolution, the	130415
procedures referred to in division (B) of this section as being	130416
required for that purpose shall apply, and the board may have the	130417
county sanitary engineer prepare, or otherwise cause to be	130418
prepared, detailed plans, specifications, and an estimate of cost	130419
for the improvement, together with a tentative assessment of the	130420
cost based on the estimate. The tentative assessment shall be for	130421
the information of property owners and shall not be levied or	130422
certified to the county auditor for collection. The detailed	130423
plans, specifications, estimate of cost, and tentative assessment,	130424
if approved by the board, shall be carefully preserved in the	130425
office of the board or the county sanitary engineer and shall be	130426
open to the inspection of all persons interested in the	130427
improvement.	130428

(D) After the board's approval of the detailed plans,	130429
specifications, estimate of cost, and tentative assessment, and at	130430
least twenty-four days before adopting a resolution pursuant to	130431
division (E) of this section, the board, except to the extent that	130432
appropriate waivers of notice are obtained from affected owners,	130433
shall cause to be sent a notice of its intent to adopt the	130434
resolution to each owner of property proposed to be assessed that	130435
is listed on the records of the county auditor for current	130436
agricultural use value taxation pursuant to section 5713.31 of the	130437
Revised Code and that is not located in an agricultural district	130438
established under section 929.02 of the Revised Code. The notice	130439
shall satisfy all of the following:	130440

(1) Be sent by first class or certified mail;

130441

(2) Specify the proposed date of the adoption of the	130442
resolution;	130443

(3) Contain a statement that the improvement will be financed	130444
in whole or in part by special assessments and that all properties	130445
not located in an agricultural district established pursuant to	130446
section 929.02 of the Revised Code may be subject to a special	130447
assessment;	130448

(4) Contain a statement that an agricultural district may be	130449
established by filing an application with the county auditor.	130450

If it appears, by the return of the mailed notices or by	130451
other means, that one or more of the affected owners cannot be	130452
found or are not served by the mailed notice, the board shall	130453
cause the notice to be published once in a newspaper of general	130454
circulation in the county not later than ten days before the	130455
adoption of the resolution.	130456

(E) After complying with divisions (A), (C), and (D) of this	130457
section, the board may adopt a resolution declaring that the	130458
improvement, which shall be described as to its nature and its	130459
location, route, and termini, is necessary for the preservation	130460
and promotion of the public health and welfare, referring to the	130461
plans, specifications, estimate of cost, and tentative assessment,	130462
stating the place where they are on file and may be examined, and	130463
providing that the entire cost or a lesser designated part of the	130464
cost will be specially assessed against the benefited properties	130465
within the district and that any balance will be paid by the	130466
county at large from other available funds. The resolution also	130467
shall contain a description of the boundaries of that part of the	130468
district to be assessed and shall designate a time and place for	130469
objections to the improvement, to the tentative assessment, or to	130470
the boundaries of the assessment district to be heard by the	130471
board. The date of that hearing shall be not less than twenty-four	130472
days after the date of the first publication of the notice of the	130473
hearing required by this division.	130474

The board shall cause a notice of the hearing to be published	130475
once a week for two consecutive weeks in a newspaper of general	130476
circulation in the county~~, and on~~or as provided in section 7.16	130477
of the Revised Code. On or before the date of the second	130478
publication, itthe board shall cause to be sent by first class or	130479
certified mail a copy of the notice to every owner of property to	130480
be assessed for the improvement whose address is known.	130481

The notice shall set forth the time and place of the hearing,	130482
a summary description of the proposed improvement, including its	130483
general route and termini, a summary description of the area	130484
constituting the assessment district, and the place where the	130485
plans, specifications, estimate of cost, and tentative assessment	130486
are on file and may be examined. Each mailed notice also shall	130487
include a statement that the property of the addressee will be	130488
assessed for the improvement. The notice also shall be sent by	130489
first class or certified mail, on or before the date of the second	130490
publication, to the clerk, or to the official discharging the	130491
duties of a clerk, of any municipal corporation any part of which	130492
lies within the assessment district and shall state whether or not	130493
any property belonging to the municipal corporation is to be	130494
assessed and, if so, shall identify that property.	130495

At the hearing, or at any adjournment of the hearing, of	130496
which no further published or mailed notice need be given, the	130497
board shall hear all parties whose properties are proposed to be	130498
assessed. Written objections to or endorsements of the proposed	130499
improvement, its character and termini, the boundaries of the	130500
assessment district, or the tentative assessment shall be received	130501
by the board for a period of five days after the completion of the	130502
hearing, and no action shall be taken by the board in the matter	130503
until after that period has elapsed. The minutes of the hearing	130504
shall be entered on the journal of the board, showing the persons	130505
who appear in person or by attorney, and all written objections	130506
shall be preserved and filed in the office of the board.	130507

Sec. 6117.07. After the expiration of the period of five	130508
days provided for in section 6117.06 of the Revised Code for the	130509
filing of written objections, the board of county commissioners	130510
shall determine whether or not it will proceed with the	130511
construction of the improvement mentioned in such section. Notice	130512
of the time and place of each meeting of the board of county	130513
commissioners, at which the resolution to proceed with the	130514
construction of such improvement will be considered, shall be	130515
given in writing to all persons who filed written objections as	130516
provided in section 6117.06 of the Revised Code. Such notice shall	130517
contain the following language in addition to the time and place	130518
of the meeting of the board: "any person, firm, or corporation	130519
desiring to appeal from the final order or judgment of the board	130520
upon any of the questions mentioned in section 6117.09 of the	130521
Revised Code shall, on or before the date of the passage of the	130522
improvement resolution, give notice in writing of an intention to	130523
appeal, specifying therein the matters to be appealed from." If it	130524
decides to proceed therewith, the board shall ratify or amend the	130525
plans for the improvement and the character and termini thereof,	130526
the boundaries of the assessment district, and the tentative	130527
assessment, and may cause such revision of plans, boundaries, or	130528
assessments as the board considers necessary to be made by the	130529
county sanitary engineer. If the boundaries of the assessment	130530
district are amended so as to include any property not included	130531
within the boundaries as established by the resolution of	130532
necessity provided for in section 6117.06 of the Revised Code, the	130533
owners of all such property shall be notified by mail if their	130534
addresses are known, and notice shall be published once a week for	130535
two consecutive weeks in a newspaper of general circulation within	130536
the county or as provided in section 7.16 of the Revised Code that	130537
such amendments have been adopted and that a hearing will be given	130538
by the board at a time and place stated in such notice, at which	130539
all persons interested will be heard by the board. The date of	130540
such hearing shall be not less than twenty-four days after the	130541
first publication of such notice, and the hearing shall be	130542
conducted and records kept in the same manner as the first	130543
hearing. Five days shall be allowed for the filing of written	130544
objections as provided in such section for the first hearing.	130545

After the expiration of such five day period, the board shall	130546
ratify the plans for the improvement and the character and termini	130547
thereof, the boundaries of the assessment district, and the	130548
tentative assessment, or shall further amend the same. If the	130549
boundaries of the assessment district are amended so as to include	130550
any property not included in the assessment district as originally	130551
established or previously amended, further notice and hearing	130552
shall be given to the owners of such property in the same manner	130553
as for the first amendment of such boundaries, and the same	130554
procedure shall be repeated until all property owners affected	130555
have been given an opportunity to be heard. If the owners of all	130556
property added to an assessment district by amendment of the	130557
original boundaries thereof waive objection to such amendment in	130558
writing, no further notice or hearing shall be given.	130559

After the board has ratified the plans for the improvement	130560
and the character and termini thereof, the boundaries of the	130561
assessment district, and the tentative assessment, either as	130562
originally presented or as amended, and if it decides to proceed	130563
therewith, the board shall adopt a resolution to be known as the	130564
improvement resolution. Said improvement resolution shall declare	130565
the determination of such board to proceed with the construction	130566
of the improvement provided for in the resolution of necessity, in	130567
accordance with the plans and specifications provided for such	130568
improvement as ratified or amended, and whether bonds or	130569
certificates of indebtedness shall be issued in anticipation of	130570
the collection of special assessments, as provided in section	130571
6117.08 to 6117.45, inclusive, of the Revised Code, or that money	130572
in the county treasury unappropriated for any other purpose shall	130573
be appropriated to pay for said improvement.	130574

Sec. 6117.251. (A) After the establishment of any county	130575
sewer district, the board of county commissioners may determine by	130576
resolution that it is necessary to provide sanitary or drainage	130577
facility improvements or prevention or replacement facility	130578
improvements and to maintain and operate the improvements within	130579
the district or a designated portion of the district, that the	130580
improvements, which shall be generally described in the	130581
resolution, shall be constructed, that funds are required to pay	130582
the preliminary costs of the improvements to be incurred prior to	130583
the commencement of the proceedings for their construction, and	130584
that those funds shall be provided in accordance with this	130585
section.	130586

(B) Prior to the adoption of the resolution, the board shall	130587
give notice of its pendency and of the proposed determination of	130588
the necessity of the improvements generally described in the	130589
resolution. The notice shall set forth a description of the	130590
properties to be benefited by the improvements and the time and	130591
place of a hearing of objections to and endorsements of the	130592
improvements. The notice shall be given ~~either~~ by publication in a	130593
newspaper of general circulation in the county once a week for two	130594
consecutive weeks, orby publication as provided in section 7.16	130595
of the Revised Code, by mailing a copy of the notice by first	130596
class or certified mail to the owners of the properties proposed	130597
to be assessed at their respective tax mailing addresses, or by	130598
~~both~~a combination of these manners, the first publication to be	130599
made or the mailing to occur at least two weeks prior to the date	130600
set for the hearing. At the hearing, or at any adjournment of the	130601
hearing, of which no further published or mailed notice need be	130602
given, the board shall hear all persons whose properties are	130603
proposed to be assessed and the evidence it considers to be	130604
necessary. The board then shall determine the necessity of the	130605
proposed improvements and whether the improvements shall be made	130606
by the board and, if they are to be made, shall direct the	130607
preparation of tentative assessments upon the benefited properties	130608
and by whom they shall be prepared.	130609

(C) In order to obtain funds for the preparation of a general	130610
or revised general plan of sewerage or drainage for the district	130611
or part of the district, for the preparation of the detailed	130612
plans, specifications, estimate of cost, and tentative assessment	130613
for the proposed improvements, and for the cost of financing and	130614
legal services incident to the preparation of all of those plans	130615
and a plan of financing the proposed improvements, the board may	130616
levy upon the properties to be benefited in the district a	130617
preliminary assessment apportioned according to benefits or to tax	130618
valuation or partly by one method and partly by the other method	130619
as the board may determine. The assessments shall be in the amount	130620
determined to be necessary to obtain funds for the general and	130621
detailed plans and the cost of financing and legal services and	130622
shall be payable in the number of years that the board shall	130623
determine, not to exceed twenty years, together with interest on	130624
any public obligations that may be issued or incurred in	130625
anticipation of the collection of the assessments.	130626

(D) The board shall have power at any time to levy additional	130627
assessments according to benefits or to tax valuation or partly by	130628
one method and partly by the other method as the board may	130629
determine for the purposes described in division (C) of this	130630
section upon the benefited properties to complete the payment of	130631
the costs described in division (C) of this section or to pay the	130632
cost of any additional plans, specifications, estimate of cost, or	130633
tentative assessment and the cost of financing and legal services	130634
incident to the preparation of those plans and the plan of	130635
financing, which additional assessments shall be payable in the	130636
number of years that the board shall determine, not to exceed	130637
twenty years, together with interest on any public obligations	130638
that may be issued or incurred in anticipation of the collection	130639
of the additional assessments.	130640

(E) Prior to the adoption of a resolution levying assessments	130641
under this section, the board shall give notice either by one	130642
publication in a newspaper of general circulation in the county,	130643
or by mailing a copy of the notice by first class or certified	130644
mail to the owners of the properties proposed to be assessed at	130645
their respective tax mailing addresses, or by both manners, the	130646
publication to be made or the mailing to occur at least ten days	130647
prior to the date of the meeting at which the resolution shall be	130648
taken up for consideration; that notice shall state the time and	130649
place of the meeting at which the resolution is to be considered.	130650
At the time and place of the meeting, or at any adjournment of the	130651
meeting, of which no further published or mailed notice need be	130652
given, the board shall hear all persons whose properties are	130653
proposed to be assessed, shall correct any errors and make any	130654
revisions that appear to be necessary or just, and then may adopt	130655
a resolution levying upon the properties determined to be	130656
benefited the assessments as so corrected and revised.	130657

The assessments levied by the resolution shall be certified	130658
to the county auditor for collection in the same manner as taxes	130659
in the year or years in which they are payable.	130660

(F) Upon the adoption of the resolution described in division	130661
(E) of this section, no further action shall be taken or work done	130662
until ten days have elapsed. If, at the expiration of that period,	130663
no appeal has been effected by any property owner as provided in	130664
this division, the action of the board shall be final. If, at the	130665
end of that ten days, any owner of property to be assessed for the	130666
improvements has effected an appeal, no further action shall be	130667
taken and no work done in connection with the improvements under	130668
the resolution until the matters appealed from have been disposed	130669
of in court.	130670

Any owner of property to be assessed may appeal as provided	130671
and upon the grounds stated in sections 6117.09 to 6117.24 of the	130672
Revised Code.	130673

If no appeal has been perfected or if on appeal the	130674
resolution of the board is sustained, the board may authorize and	130675
enter into contracts to carry out the purposes for which the	130676
assessments have been levied without the prior issuance of notes,	130677
provided that the payments under those contracts do not fall due	130678
prior to the time by which the assessments are to be collected.	130679
The board may issue and sell bonds with a maximum maturity of	130680
twenty years in anticipation of the collection of the assessments	130681
and may issue notes in anticipation of the issuance of the bonds,	130682
which notes and bonds, as public obligations, shall be issued and	130683
sold as provided in Chapter 133. of the Revised Code.	130684

Sec. 6117.49. (A) If the board of county commissioners	130685
determines by resolution that the best interests of the county and	130686
those served by the sanitary or drainage facilities or the	130687
prevention or replacement facilities of a county sewer district so	130688
require, the board may sell or otherwise dispose of the facilities	130689
to another public agency or a person. The resolution declaring the	130690
necessity of that disposition shall recite the reasons for the	130691
sale or other disposition and shall establish any conditions or	130692
terms that the board may impose, including, but not limited to, a	130693
minimum sales price if a sale is proposed, a requirement for the	130694
submission by bidders of the schedule of rates and charges	130695
initially proposed to be paid for the services of the facilities,	130696
and other pertinent conditions or terms relating to the sale or	130697
other disposition. The resolution also shall designate a time and	130698
place for the hearing of objections to the sale or other	130699
disposition by the board. Notice of the adoption of the resolution	130700
and the time and place of the hearing shall be published as	130701
provided in section 7.16 of the Revised Code or once a week for	130702
two consecutive weeks, in a newspaper of general circulation in	130703
the sewer district and in the county. The public hearing on the	130704
sale or other disposition shall be held not less than twenty-four	130705
days following the date of first publication of the notice. A copy	130706
of the notice also shall be sent by first class or certified mail,	130707
on or before the date of the second publication, to any public	130708
agency within the area served by the facilities. At the public	130709
hearing, or at any adjournment of it, of which no further	130710
published or mailed notice need be given, the board shall hear all	130711
interested parties. A period of five days shall be given following	130712
the completion of the hearing for the filing of written objections	130713
by any interested persons or public agencies to the sale or other	130714
disposition, after which the board shall consider any objections	130715
and by resolution determine whether or not to proceed with the	130716
sale or other disposition. If the board determines to proceed with	130717
the sale or other disposition, it shall receive bids after	130718
advertising once a week for four consecutive weeks or as provided	130719
in section 7.16 of the Revised Code, in a newspaper of general	130720
circulation in the county and, subject to the right of the board	130721
to reject any or all bids, may make an award to a responsible	130722
bidder whose proposal is determined by the board to be in the best	130723
interests of the county and those served by the facilities.	130724

(B) A conveyance of sanitary or drainage facilities or of	130725
prevention or replacement facilities by a county to a municipal	130726
corporation in accordance with division (B) of section 6117.05 of	130727
the Revised Code may be made without regard to division (A) of	130728
this section.	130729

Sec. 6119.061. (A) Whenever any portion of a regional water	130730
and sewer district is incorporated as, or annexed to, a municipal	130731
corporation, the area so incorporated or annexed shall remain	130732
under the jurisdiction of the district for purposes of the	130733
acquisition, construction, or operation of a water resource	130734
project until the water resource project has been acquired or	130735
completed or until the project is abandoned by the district. The	130736
board of trustees of the district, unless and until a conveyance	130737
is made to a municipal corporation in accordance with division (B)	130738
of this section, shall continue to have jurisdiction in the area	130739
so incorporated or annexed with respect to the management,	130740
maintenance, and operation of all water resource projects so	130741
acquired or completed or previously acquired or completed,	130742
including the right to establish rules and rates and charges for	130743
the use of, and connections to, the projects. The incorporation or	130744
annexation of any part of a district shall not affect the legality	130745
or enforceability of any public obligations issued or incurred by	130746
the district for purposes of this chapter to provide for the	130747
payment of the cost of acquisition, construction, maintenance, or	130748
operation of any water resource project or the validity of any	130749
assessments levied or to be levied on properties within the area	130750
to provide for the payment of the cost of acquisition,	130751
construction, maintenance, or operation of the project.	130752

(B) The board of trustees of a regional water and sewer	130753
district may convey, by mutual agreement, to a municipal	130754
corporation any completed water resource project acquired or	130755
constructed under this chapter for the use of, or service of	130756
property located in, the regional water and sewer district, or any	130757
part of that project to which any of the following applies:	130758

(1) The project is located within the municipal corporation	130759
or within any area that is incorporated as, or annexed to, the	130760
municipal corporation.	130761

(2) The project serves the municipal corporation or any area	130762
that is located within or that is incorporated as, or annexed to,	130763
the municipal corporation.	130764

(3) The project is connected to water supply or sanitary,	130765
drainage, prevention, or replacement facilities of the municipal	130766
corporation.	130767

The conveyance shall be completed with terms and for	130768
consideration as may be negotiated. Upon and after the conveyance,	130769
the municipal corporation shall manage, maintain, and operate the	130770
water resource project in accordance with the agreement. The board	130771
of trustees may retain the right to the joint use of all or part	130772
of any project so conveyed for the benefit of the district.	130773
Neither the validity of any assessment levied or to be levied, nor	130774
the legality or enforceability of any public obligations issued or	130775
incurred, to provide for the payment of the cost of the	130776
acquisition, construction, maintenance, or operation of the	130777
project or any part of the project shall be affected by the	130778
conveyance.	130779

Sec. 6119.10. The board of trustees of a regional water and	130780
sewer district or any officer or employee designated by the board	130781
may make any contract for the purchase of supplies or material or	130782
for labor for any work, under the supervision of the board, the	130783
cost of which shall not exceed twenty-five thousand dollars. When	130784
an expenditure, other than for the acquisition of real estate and	130785
interests in real estate, the discharge of noncontractual claims,	130786
personal services, the joint use of facilities or the exercise of	130787
powers with other political subdivisions, or the product or	130788
services of public utilities, exceeds twenty-five thousand	130789
dollars, the expenditures shall be made only after a notice	130790
calling for bids has been published ~~not less than~~ two consecutive	130791
weeks in ~~at least~~ one newspaper ~~having a~~of general circulation	130792
within the district or as provided in section 7.16 of the Revised	130793
Code. If the bids are for a contract for the construction,	130794
demolition, alteration, repair, or reconstruction of an	130795
improvement, the board may let the contract to the lowest and best	130796
bidder who meets the requirements of section 153.54 of the Revised	130797
Code. If the bids are for a contract for any other work relating	130798
to the improvements for which a regional water and sewer district	130799
was established, the board of trustees of the regional water and	130800
sewer district may let the contract to the lowest or best bidder	130801
who gives a good and approved bond with ample security conditioned	130802
on the carrying out of the contract. The contract shall be in	130803
writing and shall be accompanied by or shall refer to plans and	130804
specifications for the work to be done, approved by the board. The	130805
plans and specifications shall at all times be made and considered	130806
part of the contract. The contract shall be approved by the board	130807
and signed by its president or other duly authorized officer and	130808
by the contractor. In case of a real and present emergency, the	130809
board of trustees of the district, by two-thirds vote of all	130810
members, may authorize the president or other duly authorized	130811
officer to enter into a contract for work to be done or for the	130812
purchase of supplies or materials without formal bidding or	130813
advertising. All contracts shall have attached the certificate	130814
required by section 5705.41 of the Revised Code duly executed by	130815
the secretary of the board of trustees of the district. The	130816
district may make improvements by force account or direct labor,	130817
provided that, if the estimated cost of supplies or material for	130818
any such improvement exceeds twenty-five thousand dollars, bids	130819
shall be received as provided in this section. For the purposes of	130820
the competitive bidding requirements of this section, the board	130821
shall not sever a contract for supplies or materials and labor	130822
into separate contracts for labor, supplies, or materials if the	130823
contracts are in fact a part of a single contract required to be	130824
bid competitively under this section.	130825

Sec. 6119.18. The board of trustees of a regional water and	130826
sewer district, by a vote of two-thirds of all its members, may	130827
declare by resolution that it is necessary to levy a tax in excess	130828
of the ten-mill limitation for the purpose of providing funds to	130829
pay current expenses of the district or for the purpose of paying	130830
any portion of the cost of one or more water resource projects or	130831
parts thereof or for both of such purposes, and that the question	130832
of such tax levy shall be submitted to the electors of the	130833
district at a general or primary election. Such resolution shall	130834
conform to the requirements of section 5705.19 of the Revised	130835
Code, except as otherwise permitted by this section and except	130836
that such levy may be for a period not longer than ten years. The	130837
resolution shall go into immediate effect upon its passage and no	130838
publication of the resolution is necessary other than that	130839
provided for in the notice of election. A copy of such resolution	130840
shall, immediately after its passage, be certified to the board of	130841
elections of the proper county or counties in the manner provided	130842
by section 5705.25 of the Revised Code, and such section shall	130843
govern the arrangements for the submission of such question and	130844
other matters with respect to such election to which such section	130845
refers. Publication of the notice of that election shall be made	130846
in one ~~or more newspapers having a~~newspaper of general	130847
circulation in the district once a week for two consecutive weeks	130848
prior to the election, ~~and, if~~or as provided in section 7.16 of	130849
the Revised Code. If the board of elections operates and maintains	130850
a web site, the board of elections shall post notice of the	130851
election on its web site for thirty days prior to the election.	130852

If a majority of the electors voting on the question vote in	130853
favor thereof, the board may make the necessary levy within the	130854
district at the additional rate or at any lesser rate on the tax	130855
list and duplicate for the purpose or purposes stated in the	130856
resolution.	130857

The taxes realized from such levy shall be collected at the	130858
same time and in the same manner as other taxes on such tax list	130859
and duplicate and such taxes, when collected, shall be paid to the	130860
district and deposited by it in a special fund which shall be	130861
established by the district for all revenues derived from such	130862
levy and for the proceeds of anticipation notes which shall be	130863
deposited in such fund.	130864

After the approval of such levy, the district may anticipate	130865
a fraction of the proceeds of such levy and, from time to time,	130866
during the life of such levy, issue anticipation notes in an	130867
amount not exceeding fifty per cent of the estimated proceeds of	130868
such levy to be collected in each year up to a period of five	130869
years after the date of issuance of such notes, less an amount	130870
equal to the proceeds of such levy previously obligated for each	130871
year by the issuance of anticipation notes, provided that the	130872
total amount maturing in any one year shall not exceed fifty per	130873
cent of the anticipated proceeds of such levy for that year. Each	130874
issue of notes shall be sold as provided in Chapter 133. of the	130875
Revised Code, and shall, except for such limitation that the total	130876
amount of such notes maturing in any one year shall not exceed	130877
fifty per cent of the anticipated proceeds of such levy for that	130878
year, mature serially in substantially equal installments during	130879
each year over a period not to exceed five years after their	130880
issuance.	130881

Sec. 6119.22. When a plan of sewerage devised in accordance	130882
with section 6119.19 of the Revised Code has been prepared, the	130883
board of trustees of the regional water and sewer district shall	130884
give at least ten days' notice in one newspaper of general	130885
circulation in such area or give notice as provided in section	130886
7.16 of the Revised Code, stating that such plans have been	130887
prepared and are filed in the office of the secretary of the board	130888
for examination and inspection by the parties interested.	130889

Any objection to such plan shall then be made to the board	130890
and it may amend or correct such plan, and shall thereupon file it	130891
as amended, or if no amendments are made, it shall file the	130892
original plan in the office of the secretary.	130893

Sec. 6119.25. When the board of trustees of a regional water	130894
and sewer district deems it necessary to construct all or a part	130895
of the sewers provided for in the plan devised in accordance with	130896
section 6119.19 of the Revised Code, the board shall declare by	130897
resolution the necessity thereof. Such resolution shall contain a	130898
declaration of the necessity of such improvement, a statement of	130899
the districts, areas, or parts thereof proposed to be constructed,	130900
the character of the materials to be used, a reference to the	130901
plans and specifications, where they are on file, and the mode of	130902
payment therefor, and shall publish the resolution once a week for	130903
not less than two nor more than four consecutive weeks in one	130904
newspaper of general circulation in the area or as provided in	130905
section 7.16 of the Revised Code.	130906

Sec. 6119.58. In order to obtain funds for the preparation	130907
of plans, specifications, estimates of cost, tentative	130908
assessments, and a plan of financing for any water resource	130909
project or part thereof, the board of trustees of a regional water	130910
and sewer district may levy upon the property in such district to	130911
be benefited by such project assessments apportioned in accordance	130912
with one or more of the methods set forth in section 6119.42 of	130913
the Revised Code. The aggregate of such assessments shall not	130914
exceed the amount determined by the board of trustees to be	130915
necessary for such purpose, including costs of financing, legal	130916
services, and other incidental costs, and shall be payable in such	130917
number of annual installments, not less than one, as the board of	130918
trustees prescribes, together with interest on any water resource	130919
revenue notes and bonds which may be issued in anticipation of the	130920
collection of such assessments.	130921

If the board of trustees proposes to obtain funds in	130922
accordance with this section, it shall determine by resolution	130923
that it is necessary to construct the water resource project and	130924
to maintain and operate the same on behalf of the district.	130925

Prior to the adoption of the resolution making such	130926
determination, the board of trustees shall give notice of the	130927
pendency thereof and of the proposed determination of the	130928
necessity of the construction of such project therein generally	130929
described, and such notice shall set forth a description of the	130930
properties to be benefited by such project and the time and place	130931
of a hearing of objections to, and endorsements of, such project.	130932
Such notice shall be given by publication in ~~at least~~ one	130933
newspaper ~~having a~~of general circulation in the district once a	130934
week for two consecutive weeks or as provided in section 7.16 of	130935
the Revised Code, the first publication to be at least two weeks	130936
prior to the date set for the hearing, provided that the board of	130937
trustees may give, or cause to be given, such alternative or	130938
further notice of such hearing as it finds to be necessary or	130939
appropriate. At such hearing, or at any adjournment thereof, of	130940
which no further notice need be given, the board of trustees shall	130941
hear all owners whose properties are proposed to be assessed and	130942
such other evidence as is considered to be necessary, and may then	130943
adopt its resolution determining that the proposed project is	130944
necessary and should be undertaken by the district. In such	130945
resolution, the board of trustees shall direct the preparation of	130946
the estimated assessments upon the benefited properties and by	130947
whom they shall be prepared.	130948

After such assessments have been prepared and filed in the	130949
office of the secretary of the board of trustees and prior to the	130950
adoption of the resolution levying such assessments, the board of	130951
trustees shall give notice of the pendency of such resolution and	130952
of the proposed determination to levy such assessments, and such	130953
notice shall set forth the time and place of a hearing of	130954
objections to such assessments. Such notice shall be given by	130955
publication once in ~~at least~~ one newspaper ~~having a~~of general	130956
circulation in the district, such publication to be made at least	130957
ten days prior to the date set for the hearing, provided that the	130958
board of trustees may give or cause to be given, such alternative	130959
of further notice of such hearing as it finds to be necessary or	130960
appropriate. At such hearing, or at any adjournment thereof, of	130961
which no further notice need be given, the board of trustees shall	130962
hear all persons whose properties are proposed to be assessed,	130963
shall correct any errors and make any revisions in the estimated	130964
assessments that appear to be necessary or just, and may then	130965
adopt a resolution levying upon the properties determined to be	130966
benefited the assessments as originally prepared or as so	130967
corrected and revised.	130968

The board of trustees shall have the power at any time to	130969
levy additional assessments upon such properties to complete the	130970
payment of the costs for which the original assessments were	130971
levied or to provide funds for any additional plans,	130972
specifications, estimates of cost, tentative assessments, and	130973
other incidental costs, provided that the board shall first have	130974
held a hearing on objections to such additional assessments in the	130975
same manner as required by this section with respect to such	130976
original assessments. Such additional assessments shall be payable	130977
in such number of annual installments, not less than one, as the	130978
board of trustees prescribes, together with interest on any water	130979
resource revenue notes and bonds which may be issued in	130980
anticipation of the collection of such assessments.	130981

The board of trustees may authorize contracts to carry out	130982
the purposes for which such assessments have been levied without	130983
the prior issuance of water resource revenue notes and bonds,	130984
provided that the payments to be made by the district do not fall	130985
due prior to the times when such assessments shall be collected.	130986

Section 101.02. That existing sections 7.10, 7.11, 7.12,	130987
9.03, 9.06, 9.231, 9.24, 9.312, 9.314, 9.33, 9.331, 9.332, 9.333,	130988
9.82, 9.823, 9.833, 9.90, 9.901, 101.532, 101.82, 102.02, 105.41,	130989
107.09, 109.36, 109.57, 109.572, 109.64, 109.71, 109.801, 111.12,	130990
111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06,	130991
118.12, 118.17, 118.99, 120.40, 121.03, 121.04, 121.22, 121.37,	130992
121.40, 121.401, 121.402, 121.403, 121.404, 122.121, 122.171,	130993
122.76, 123.01, 123.011, 123.10, 124.09, 124.11, 124.14, 124.141,	130994
124.15, 124.23, 124.231, 124.24, 124.25, 124.26, 124.27, 124.31,	130995
124.34, 124.393, 125.021, 125.15, 125.18, 125.28, 125.89, 126.021,	130996
126.12, 126.21, 126.24, 126.45, 126.46, 126.50, 126.503, 127.14,	130997
127.16, 127.162, 131.02, 131.23, 131.44, 131.51, 133.01, 133.06,	130998
133.18, 133.20, 133.55, 135.05, 135.61, 135.65, 135.66, 145.27,	130999
145.56, 149.01, 149.091, 149.11, 149.311, 149.351, 149.38, 149.43,	131000
153.01, 153.012, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51,	131001
153.52, 153.54, 153.56, 153.581, 153.65, 153.66, 153.67, 153.69,	131002
153.70, 153.71, 153.80, 154.02, 154.07, 154.11, 173.14, 173.21,	131003
173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401,	131004
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501,	131005
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15,	131006
301.28, 305.171, 306.35, 306.43, 306.70, 307.022, 307.041, 307.10,	131007
307.12, 307.676, 307.70, 307.79, 307.791, 307.80, 307.802,	131008
307.803, 307.806, 307.81, 307.82, 307.83, 307.84, 307.842,	131009
307.843, 307.846, 307.86, 308.13, 311.29, 311.31, 317.20, 317.321,	131010
319.11, 319.301, 319.54, 319.63, 321.18, 321.261, 322.02, 322.021,	131011
323.08, 323.73, 323.75, 324.02, 324.021, 325.20, 340.02, 340.03,	131012
340.033, 340.05, 340.091, 340.11, 341.192, 343.08, 345.03, 349.03,	131013
501.07, 503.05, 503.162, 503.41, 504.02, 504.03, 504.12, 504.16,	131014
504.21, 505.101, 505.105, 505.106, 505.107, 505.108, 505.109,	131015
505.17, 505.172, 505.24, 505.264, 505.267, 505.28, 505.373,	131016
505.43, 505.48, 505.481, 505.482, 505.49, 505.491, 505.492,	131017
505.493, 505.494, 505.495, 505.50, 505.51, 505.511, 505.52,	131018
505.53, 505.54, 505.541, 505.55, 505.60, 505.601, 505.603, 505.61,	131019
505.67, 505.73, 507.09, 509.15, 511.01, 511.12, 511.23, 511.235,	131020
511.236, 511.25, 511.28, 511.34, 513.14, 515.01, 515.04, 515.07,	131021
517.06, 517.12, 517.22, 521.03, 521.05, 705.16, 709.43, 709.44,	131022
711.35, 715.011, 715.47, 718.01, 718.09, 718.10, 719.012, 719.05,	131023
721.03, 721.15, 721.20, 723.07, 727.011, 727.012, 727.08, 727.14,	131024
727.46, 729.08, 729.11, 731.14, 731.141, 731.20, 731.21, 731.211,	131025
731.22, 731.23, 731.24, 731.25, 735.05, 735.20, 737.04, 737.041,	131026
737.32, 737.40, 742.41, 745.07, 747.05, 747.11, 747.12, 755.16,	131027
755.29, 755.41, 755.42, 755.43, 759.47, 901.09, 924.52, 927.69,	131028
951.11, 955.011, 955.012, 1309.528, 1327.46, 1327.50, 1327.51,	131029
1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04, 1329.42,	131030
1332.24, 1345.73, 1347.08, 1501.022, 1501.40, 1503.05, 1503.141,	131031
1505.01, 1505.04, 1505.06, 1505.09, 1505.11, 1505.99, 1506.21,	131032
1509.01, 1509.02, 1509.021, 1509.03, 1509.04, 1509.041, 1509.05,	131033
1509.06, 1509.061, 1509.062, 1509.07, 1509.071, 1509.072,	131034
1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 1509.12, 1509.13,	131035
1509.14, 1509.15, 1509.17, 1509.181, 1509.19, 1509.21, 1509.22,	131036
1509.221, 1509.222, 1509.223, 1509.224, 1509.225, 1509.226,	131037
1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 1509.28, 1509.29,	131038
1509.31, 1509.32, 1509.33, 1509.34, 1509.36, 1509.38, 1509.40,	131039
1509.50, 1510.01, 1510.08, 1515.08, 1515.14, 1515.24, 1517.02,	131040
1517.03, 1531.04, 1533.10, 1533.11, 1533.111, 1533.32, 1533.731,	131041
1533.83, 1541.03, 1541.05, 1545.071, 1545.09, 1545.12, 1545.131,	131042
1545.132, 1545.30, 1547.301, 1547.302, 1547.303, 1547.304,	131043
1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 1555.04,	131044
1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12, 1561.13,	131045
1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01, 1571.02,	131046
1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09, 1571.10,	131047
1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07, 1702.59,	131048
1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07, 1711.18,	131049
1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11, 1751.111,	131050
1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31, 1751.34,	131051
1751.60, 1761.04, 1776.83, 1785.06, 1901.02, 1901.18, 1901.261,	131052
1901.262, 1907.261, 1907.262, 1907.53, 1909.11, 1923.01, 1923.02,	131053
1923.061, 1923.15, 2101.08, 2101.162, 2105.09, 2151.011,	131054
2151.3515, 2151.412, 2151.421, 2151.424, 2151.541, 2152.72,	131055
2301.03, 2301.031, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23,	131056
2301.24, 2301.25, 2301.26, 2303.201, 2305.01, 2305.232, 2317.02,	131057
2317.422, 2319.27, 2329.26, 2335.05, 2335.06, 2501.16, 2501.17,	131058
2743.09, 2744.05, 2901.01, 2903.33, 2907.15, 2915.01, 2917.40,	131059
2919.271, 2921.41, 2929.71, 2935.01, 2935.03, 2939.11, 2945.371,	131060
2945.38, 2945.39, 2945.40, 2945.401, 2945.402, 2949.14, 2953.08,	131061
2981.11, 2981.13, 3109.16, 3111.04, 3113.06, 3119.54, 3121.48,	131062
3123.44, 3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 3123.63,	131063
3301.07, 3301.071, 3301.079, 3301.0710, 3301.0711, 3301.0712,	131064
3301.0714, 3301.16, 3301.162, 3301.70, 3302.02, 3302.031, 3302.05,	131065
3302.07, 3304.181, 3304.182, 3305.08, 3306.12, 3307.20, 3307.31,	131066
3307.41, 3307.64, 3309.22, 3309.41, 3309.48, 3309.51, 3309.66,	131067
3310.02, 3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.054,	131068
3311.056, 3311.06, 3311.19, 3311.21, 3311.213, 3311.214, 3311.29,	131069
3311.50, 3311.52, 3311.53, 3311.73, 3311.76, 3313.29, 3313.372,	131070
3313.41, 3313.46, 3313.482, 3313.533, 3313.55, 3313.603, 3313.61,	131071
3313.611, 3313.612, 3313.614, 3313.64, 3313.6410, 3313.65,	131072
3313.75, 3313.816, 3313.842, 3313.843, 3313.845, 3313.911,	131073
3313.97, 3313.975, 3313.978, 3313.981, 3314.012, 3314.015,	131074
3314.02, 3314.021, 3314.023, 3314.03, 3314.05, 3314.051, 3314.07,	131075
3314.08, 3314.087, 3314.088, 3314.091, 3314.10, 3314.13, 3314.19,	131076
3314.20, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06, 3316.08,	131077
3316.20, 3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 3317.021,	131078
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,	131079
3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061,	131080
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12,	131081
3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 3318.011, 3318.032,	131082
3318.034, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31, 3318.36,	131083
3318.37, 3318.38, 3318.41, 3319.081, 3319.17, 3319.19, 3319.227,	131084
3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09,	131085
3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.08, 3326.11,	131086
3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08, 3331.01,	131087
3333.03, 3333.043, 3333.31, 3333.38, 3333.66, 3333.81, 3333.82,	131088
3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061,	131089
3345.14, 3345.32, 3349.29, 3353.04, 3354.12, 3354.16, 3355.09,	131090
3357.16, 3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17,	131091
3505.13, 3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74,	131092
3701.83, 3702.59, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09,	131093
3709.092, 3709.21, 3717.01, 3717.53, 3719.141, 3721.01, 3721.011,	131094
3721.02, 3721.031, 3721.04, 3721.50, 3721.51, 3721.561, 3721.58,	131095
3721.99, 3722.01, 3722.011, 3722.02, 3722.021, 3722.022, 3722.03,	131096
3722.04, 3722.041, 3722.05, 3722.06, 3722.07, 3722.08, 3722.09,	131097
3722.10, 3722.11, 3722.12, 3722.13, 3722.14, 3722.15, 3722.151,	131098
3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 3733.021, 3733.022,	131099
3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.08,	131100
3733.09, 3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121,	131101
3733.122, 3733.123, 3733.13, 3733.14, 3733.15, 3733.16, 3733.17,	131102
3733.18, 3733.19, 3733.20, 3733.21, 3733.41, 3733.49, 3734.02,	131103
3734.05, 3734.06, 3734.18, 3734.19, 3734.20, 3734.21, 3734.22,	131104
3734.23, 3734.24, 3734.25, 3734.26, 3734.27, 3734.28, 3734.282,	131105
3734.57, 3734.85, 3734.901, 3735.36, 3735.66, 3737.73, 3737.83,	131106
3737.841, 3737.87, 3737.88, 3743.06, 3743.19, 3743.52, 3743.53,	131107
3743.54, 3743.64, 3745.015, 3745.05, 3745.11, 3746.02, 3750.081,	131108
3767.32, 3769.08, 3769.20, 3769.26, 3770.02, 3770.05, 3770.06,	131109
3772.032, 3772.062, 3781.06, 3781.183, 3791.043, 3793.04, 3793.06,	131110
3793.21, 3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 3924.10,	131111
3937.41, 3963.01, 3963.11, 4111.14, 4113.11, 4113.61, 4115.03,	131112
4115.033, 4115.034, 4115.04, 4115.10, 4115.101, 4115.16, 4116.01,	131113
4117.01, 4117.03, 4121.03, 4121.12, 4121.121, 4121.125, 4121.128,	131114
4121.44, 4123.27, 4123.341, 4123.342, 4123.35, 4131.03, 4141.031,	131115
4141.08, 4141.11, 4141.33, 4301.01, 4301.12, 4301.17, 4301.43,	131116
4301.62, 4301.80, 4301.81, 4303.02, 4503.03, 4503.06, 4503.061,	131117
4503.062, 4503.235, 4503.70, 4503.93, 4504.02, 4504.021, 4504.15,	131118
4504.16, 4504.18, 4506.071, 4507.111, 4507.164, 4507.1612,	131119
4507.45, 4509.101, 4509.81, 4510.10, 4510.22, 4510.72, 4511.191,	131120
4511.193, 4513.39, 4513.60, 4513.61, 4513.62, 4513.63, 4513.64,	131121
4513.66, 4517.01, 4517.02, 4517.04, 4517.09, 4517.10, 4517.12,	131122
4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4549.17, 4582.12,	131123
4582.31, 4585.10, 4705.021, 4725.34, 4725.48, 4725.50, 4725.52,	131124
4725.57, 4729.52, 4731.65, 4731.71, 4733.15, 4733.151, 4735.01,	131125
4735.02, 4735.03, 4735.05, 4735.052, 4735.06, 4735.07, 4735.09,	131126
4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 4735.15, 4735.16,	131127
4735.17, 4735.18, 4735.181, 4735.182, 4735.19, 4735.20, 4735.21,	131128
4735.211, 4735.32, 4735.55, 4735.58, 4735.59, 4735.62, 4735.68,	131129
4735.71, 4735.74, 4736.12, 4743.05, 4757.31, 4776.01, 4781.01,	131130
4781.02, 4781.04, 4781.07, 4781.09, 4781.14, 4781.15, 4781.99,	131131
4905.90, 4906.01, 4909.15, 4911.02, 4928.18, 4928.20, 4929.26,	131132
4929.27, 4931.40, 4931.51, 4931.52, 4931.53, 5101.16, 5101.181,	131133
5101.182, 5101.183, 5101.244, 5101.26, 5101.27, 5101.271,	131134
5101.272, 5101.28, 5101.30, 5101.35, 5101.37, 5101.46, 5101.47,	131135
5101.50, 5101.5110, 5101.571, 5101.573, 5101.58, 5101.60, 5101.61,	131136
5101.98, 5104.01, 5104.011, 5104.012, 5104.013, 5104.03, 5104.04,	131137
5104.05, 5104.13, 5104.30, 5104.32, 5104.34, 5104.341, 5104.35,	131138
5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 5104.99, 5111.012,	131139
5111.013, 5111.0112, 5111.021, 5111.023, 5111.025, 5111.031,	131140
5111.06, 5111.113, 5111.13, 5111.14, 5111.151, 5111.16, 5111.17,	131141
5111.172, 5111.20, 5111.21, 5111.211, 5111.222, 5111.23, 5111.231,	131142
5111.235, 5111.24, 5111.241, 5111.244, 5111.25, 5111.251,	131143
5111.254, 5111.258, 5111.261, 5111.27, 5111.28, 5111.33, 5111.35,	131144
5111.52, 5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68,	131145
5111.681, 5111.687, 5111.689, 5111.85, 5111.871, 5111.872,	131146
5111.873, 5111.874, 5111.877, 5111.88, 5111.89, 5111.891,	131147
5111.892, 5111.894, 5111.911, 5111.912, 5111.913, 5111.94,	131148
5111.941, 5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39,	131149
5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 5119.06,	131150
5119.16, 5119.18, 5119.22, 5119.61, 5119.611, 5119.612, 5119.613,	131151
5119.62, 5119.621, 5119.99, 5120.105, 5120.135, 5120.17, 5120.22,	131152
5120.28, 5120.29, 5122.01, 5122.15, 5122.21, 5122.31, 5123.01,	131153
5123.0413, 5123.0417, 5123.051, 5123.171, 5123.18, 5123.19,	131154
5123.191, 5123.194, 5123.352, 5123.45, 5123.60, 5126.01, 5126.029,	131155
5126.04, 5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511,	131156
5126.0512, 5126.08, 5126.11, 5126.12, 5126.24, 5126.41, 5126.42,	131157
5139.11, 5139.43, 5310.35, 5321.01, 5501.44, 5501.73, 5502.52,	131158
5502.522, 5502.61, 5502.68, 5505.04, 5505.22, 5525.04, 5540.03,	131159
5540.031, 5540.05, 5543.10, 5549.21, 5552.06, 5553.05, 5553.19,	131160
5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 5559.06, 5559.10,	131161
5559.12, 5561.04, 5561.08, 5571.011, 5573.02, 5573.10, 5575.01,	131162
5575.02, 5577.042, 5577.043, 5591.15, 5593.08, 5701.13, 5703.05,	131163
5703.37, 5703.58, 5705.01, 5705.14, 5705.16, 5705.191, 5705.194,	131164
5705.196, 5705.21, 5705.211, 5705.214, 5705.218, 5705.25,	131165
5705.251, 5705.261, 5705.29, 5705.314, 5705.392, 5705.412,	131166
5705.71, 5707.031, 5709.07, 5709.084, 5709.62, 5709.63, 5709.632,	131167
5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 5721.01, 5721.03,	131168
5721.04, 5721.18, 5721.19, 5721.30, 5721.31, 5721.32, 5721.37,	131169
5721.38, 5721.42, 5722.13, 5723.05, 5723.18, 5725.151, 5725.24,	131170
5725.98, 5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02,	131171
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 5739.01, 5739.02,	131172
5739.021, 5739.022, 5739.026, 5739.07, 5739.101, 5739.19, 5739.30,	131173
5747.01, 5747.058, 5747.113, 5747.451, 5747.46, 5747.51, 5747.53,	131174
5748.01, 5748.02, 5748.021, 5748.04, 5748.05, 5748.08, 5748.081,	131175
5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50,	131176
5753.01, 5901.02, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081,	131177
6103.31, 6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 6115.01,	131178
6115.20, 6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10,	131179
6119.18, 6119.22, 6119.25, and 6119.58 of the Revised Code are	131180
hereby repealed.	131181

Section 105.01. That sections 7.14, 122.0818, 122.452,	131182
126.04, 126.501, 126.502, 126.507, 165.031, 181.21, 181.22,	131183
181.23, 181.24, 181.25, 181.26, 340.08, 701.04, 1501.031,	131184
1551.13, 2301.19, 3123.52, 3123.61, 3123.612, 3123.613,	131185
3123.614, 3301.82, 3306.01, 3306.011, 3306.012, 3306.02,	131186
3306.03, 3306.04, 3306.05, 3306.051, 3306.052, 3306.06,	131187
3306.07, 3306.08, 3306.09, 3306.091, 3306.10, 3306.11,	131188
3306.13, 3306.19, 3306.191, 3306.192, 3306.21, 3306.22,	131189
3306.29, 3306.291, 3306.292, 3306.51, 3306.52, 3306.53, 3306.54,	131190
3306.55, 3306.56, 3306.57, 3306.58, 3306.59, 3311.059, 3314.013,	131191
3314.014, 3314.016, 3314.017, 3314.082, 3314.085, 3314.11,	131192
3314.111, 3317.011, 3317.016, 3317.017, 3317.0216, 3317.04,	131193
3317.17, 3319.62, 3329.16, 3335.45, 3349.242, 3706.042,	131194
3721.56, 3722.99, 3733.01, 3733.031, 3733.07, 3733.22, 3733.23,	131195
3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30,	131196
3733.42, 3733.43, 3733.431, 3733.44, 3733.45, 3733.46, 3733.47,	131197
3733.471, 3733.48, 3733.99, 3923.90, 3923.91, 4115.032, 4121.75,	131198
4121.76, 4121.77, 4121.78, 4121.79, 4582.37, 4981.23, 5101.34,	131199
5101.341, 5101.342, 5101.343, 5101.5211, 5101.5212, 5101.5213,	131200
5101.5214, 5101.5215, 5101.5216, 5111.243, 5111.34, 5111.861,	131201
5111.893, 5111.971, 5122.36, 5123.172, 5123.181, 5123.193,	131202
5123.211, 5126.18, 5126.19, 5747.52, and 5901.021 of the Revised	131203
Code are hereby repealed.	131204

Section 105.10. That sections 126.60, 126.601, 126.602,	131205
126.603, 126.604, and 126.605 of the Revised Code, as enacted by	131206
this act, are hereby repealed, effective June 30, 2013.	131207

Section 120.10. That the version of section 5111.913 of the	131208
Revised Code that results from Section 101.01 of this act be	131209
amended to read as follows:	131210

Sec. 5111.913. If the department of job and family services	131211
enters into a contract with the department of alcohol and drug	131212
addiction services under section 5111.91 of the Revised Code,	131213
~~boards of alcohol, drug addiction, and mental health~~the	131214
department of job and family services shall pay the nonfederal	131215
share of any medicaid payment to a provider for services under the	131216
component, or aspect of the component, the department of alcohol	131217
and drug addiction services administers. ~~A board shall use funds~~	131218
~~allocated to the board under section 3793.04 of the Revised Code~~	131219
~~to pay the nonfederal share.~~If necessary, the director of job and	131220
family services shall submit a medicaid state plan amendment to	131221
the United States secretary of health and human services regarding	131222
the department of job and family services' duty under this	131223
section.	131224

Section 120.11. That the existing version of section 5111.913	131225
of the Revised Code that results from Section 101.01 of this act	131226
is hereby repealed.	131227

Section 120.12. That Sections 120.10 and 120.11 of this act	131228
take effect July 1, 2012.	131229

Section 120.20. That sections 3721.16, 5111.709, 5119.221,	131230
5122.01, 5122.02, 5122.27, 5122.271, 5122.29, 5122.31, 5122.32,	131231
5123.092, 5123.19, 5123.191, 5123.35, 5123.60, 5123.61, 5123.63,	131232
5123.64, 5123.69, 5123.701, 5123.86, 5123.99, and 5126.33 be	131233
amended; that section 5123.60 (5123.601) be amended for the	131234
purpose of adopting a new section number as indicated in	131235
parentheses; and that new sections 5123.60 and 5123.602 of the	131236
Revised Code be enacted to read as follows:	131237

Sec. 3721.16. For each resident of a home, notice of a	131238
proposed transfer or discharge shall be in accordance with this	131239
section.	131240

(A)(1) The administrator of a home shall notify a resident in	131241
writing, and the resident's sponsor in writing by certified mail,	131242
return receipt requested, in advance of any proposed transfer or	131243
discharge from the home. The administrator shall send a copy of	131244
the notice to the state department of health. The notice shall be	131245
provided at least thirty days in advance of the proposed transfer	131246
or discharge, unless any of the following applies:	131247

(a) The resident's health has improved sufficiently to allow	131248
a more immediate discharge or transfer to a less skilled level of	131249
care;	131250

(b) The resident has resided in the home less than thirty	131251
days;	131252

(c) An emergency arises in which the safety of individuals in	131253
the home is endangered;	131254

(d) An emergency arises in which the health of individuals in	131255
the home would otherwise be endangered;	131256

(e) An emergency arises in which the resident's urgent	131257
medical needs necessitate a more immediate transfer or discharge.	131258

In any of the circumstances described in divisions (A)(1)(a)	131259
to (e) of this section, the notice shall be provided as many days	131260
in advance of the proposed transfer or discharge as is	131261
practicable.	131262

(2) The notice required under division (A)(1) of this section	131263
shall include all of the following:	131264

(a) The reasons for the proposed transfer or discharge;

131265

(b) The proposed date the resident is to be transferred or	131266
discharged;	131267

(c) The proposed location to which the resident is to be	131268
transferred or discharged;	131269

(d) Notice of the right of the resident and the resident's	131270
sponsor to an impartial hearing at the home on the proposed	131271
transfer or discharge, and of the manner in which and the time	131272
within which the resident or sponsor may request a hearing	131273
pursuant to section 3721.161 of the Revised Code;	131274

(e) A statement that the resident will not be transferred or	131275
discharged before the date specified in the notice unless the home	131276
and the resident or, if the resident is not competent to make a	131277
decision, the home and the resident's sponsor, agree to an earlier	131278
date;	131279

(f) The address of the legal services office of the	131280
department of health;	131281

(g) The name, address, and telephone number of a	131282
representative of the state long-term care ombudsperson program	131283
and, if the resident or patient has a developmental disability or	131284
mental illness, the name, address, and telephone number of the	131285
Ohio ~~legal rights service~~protection and advocacy system.	131286

(B) No home shall transfer or discharge a resident before the	131287
date specified in the notice required by division (A) of this	131288
section unless the home and the resident or, if the resident is	131289
not competent to make a decision, the home and the resident's	131290
sponsor, agree to an earlier date.	131291

(C) Transfer or discharge actions shall be documented in the	131292
resident's medical record by the home if there is a medical basis	131293
for the action.	131294

(D) A resident or resident's sponsor may challenge a transfer	131295
or discharge by requesting an impartial hearing pursuant to	131296
section 3721.161 of the Revised Code, unless the transfer or	131297
discharge is required because of one of the following reasons:	131298

(1) The home's license has been revoked under this chapter;

131299

(2) The home is being closed pursuant to section 3721.08,	131300
sections 5111.35 to 5111.62, or section 5155.31 of the Revised	131301
Code;	131302

(3) The resident is a recipient of medicaid and the home's	131303
participation in the medicaid program has been involuntarily	131304
terminated or denied by the federal government;	131305

(4) The resident is a beneficiary under the medicare program	131306
and the home's certification under the medicare program has been	131307
involuntarily terminated or denied by the federal government.	131308

(E) If a resident is transferred or discharged pursuant to	131309
this section, the home from which the resident is being	131310
transferred or discharged shall provide the resident with adequate	131311
preparation prior to the transfer or discharge to ensure a safe	131312
and orderly transfer or discharge from the home, and the home or	131313
alternative setting to which the resident is to be transferred or	131314
discharged shall have accepted the resident for transfer or	131315
discharge.	131316

(F) At the time of a transfer or discharge of a resident who	131317
is a recipient of medicaid from a home to a hospital or for	131318
therapeutic leave, the home shall provide notice in writing to the	131319
resident and in writing by certified mail, return receipt	131320
requested, to the resident's sponsor, specifying the number of	131321
days, if any, during which the resident will be permitted under	131322
the medicaid program to return and resume residence in the home	131323
and specifying the medicaid program's coverage of the days during	131324
which the resident is absent from the home. An individual who is	131325
absent from a home for more than the number of days specified in	131326
the notice and continues to require the services provided by the	131327
facility shall be given priority for the first available bed in a	131328
semi-private room.	131329

Sec. 5111.709. (A) There is hereby created the medicaid	131330
buy-in advisory council. The council shall consist of all of the	131331
following:	131332

(1) The following voting members:

131333

(a) The executive director of assistive technology of Ohio or	131334
the executive director's designee;	131335

(b) The director of the axis center for public awareness of	131336
people with disabilities or the director's designee;	131337

(c) The executive director of the cerebral palsy association	131338
of Ohio or the executive director's designee;	131339

(d) The chief executive officer of Ohio advocates for mental	131340
health or the chief executive officer's designee;	131341

(e) The state director of the Ohio chapter of AARP or the	131342
state director's designee;	131343

(f) The director of the Ohio developmental disabilities	131344
council created under section 5123.35 of the Revised Code or the	131345
director's designee;	131346

(g) The executive director of the governor's council on	131347
people with disabilities created under section 3303.41 of the	131348
Revised Code or the executive director's designee;	131349

(h) ~~The administrator of the legal rights service created~~	131350
~~under section 5123.60 of the Revised Code or the administrator's~~	131351
~~designee;~~	131352

~~(i)~~ The chairperson of the Ohio Olmstead task force or the	131353
chairperson's designee;	131354

~~(j)~~(i) The executive director of the Ohio statewide	131355
independent living council or the executive director's designee;	131356

~~(k)~~(j) The president of the Ohio chapter of the national	131357
multiple sclerosis society or the president's designee;	131358

~~(l)~~(k) The executive director of the arc of Ohio or the	131359
executive director's designee;	131360

~~(m)~~(l) The executive director of the commission on minority	131361
health or the executive director's designee;	131362

~~(n)~~(m) The executive director of the brain injury association	131363
of Ohio or the executive director's designee;	131364

~~(o)~~(n) The executive officer of any other advocacy	131365
organization who volunteers to serve on the council, or such an	131366
executive officer's designee, if the other voting members, at a	131367
meeting called by the chairperson elected under division (C) of	131368
this section, determine it is appropriate for the advocacy	131369
organization to be represented on the council;	131370

~~(p)~~(o) One or more participants who volunteer to serve on the	131371
council and are selected by the other voting members at a meeting	131372
the chairperson calls after the medicaid buy-in for workers with	131373
disabilities program is implemented.	131374

(2) The following non-voting members:

131375

(a) The director of job and family services or the director's	131376
designee;	131377

(b) The administrator of the rehabilitation services	131378
commission or the administrator's designee;	131379

(c) The director of alcohol and drug addiction services or	131380
the director's designee;	131381

(d) The director of developmental disabilities or the	131382
director's designee;	131383

(e) The director of mental health or the director's designee;

131384

(f) The executive officer of any other government entity, or	131385
the executive officer's designee, if the voting members, at a	131386
meeting called by the chairperson, determine it is appropriate for	131387
the government entity to be represented on the council.	131388

(B) All members of the medicaid buy-in advisory council shall	131389
serve without compensation or reimbursement, except as serving on	131390
the council is considered part of their usual job duties.	131391

(C) The voting members of the medicaid buy-in advisory	131392
council shall elect one of the members of the council to serve as	131393
the council's chairperson for a two-year term. The chairperson may	131394
be re-elected to successive terms.	131395

(D) The department of job and family services shall provide	131396
the Ohio medicaid buy-in advisory council with accommodations for	131397
the council to hold its meetings and shall provide the council	131398
with other administrative assistance the council needs to perform	131399
its duties.	131400

Sec. 5119.221. (A) Upon petition by the director of mental	131401
health, the court of common pleas or the probate court may appoint	131402
a receiver to take possession of and operate a residential	131403
facility licensed pursuant to section 5119.22 of the Revised Code,	131404
when conditions existing at the residential facility present a	131405
substantial risk of physical or mental harm to residents and no	131406
other remedies at law are adequate to protect the health, safety,	131407
and welfare of the residents.	131408

Petitions filed pursuant to this section shall include:

131409

(1) A description of the specific conditions existing at the	131410
residential facility which present a substantial risk of physical	131411
or mental harm to residents;	131412

(2) A statement of the absence of other adequate remedies at	131413
law;	131414

(3) The number of individuals residing at the facility;

131415

(4) A statement that the facts have been brought to the	131416
attention of the owner or licensee and that conditions have not	131417
been remedied within a reasonable period of time or that the	131418
conditions, though remedied periodically, habitually exist at the	131419
residential facility as a pattern or practice; and	131420

(5) The name and address of the person holding the license	131421
for the residential facility.	131422

(B) A court in which a petition is filed pursuant to this	131423
section shall notify the person holding the license for the	131424
facility of the filing. The department shall send notice of the	131425
filing to the following, as appropriate: the ~~legal rights service~~	131426
~~created pursuant to~~Ohio protection and advocacy system as defined	131427
in section 5123.60 of the Revised Code; facility owner; facility	131428
operator; board of alcohol, drug addiction, and mental health	131429
services; board of health; department of developmental	131430
disabilities; department of job and family services; facility	131431
residents; and residents' families and guardians. The court shall	131432
provide a hearing on the petition within five court days of the	131433
time it was filed, except that the court may appoint a receiver	131434
prior to that time if it determines that the circumstances	131435
necessitate such action.	131436

Following a hearing on the petition, and upon a determination	131437
that the appointment of a receiver is warranted, the court shall	131438
appoint a receiver and notify the department of mental health and	131439
appropriate persons of this action.	131440

In setting forth the powers of the receiver, the court may	131441
generally authorize the receiver to do all that is prudent and	131442
necessary to safely and efficiently operate the residential	131443
facility within the requirements of state and federal law, but	131444
shall require the receiver to obtain court approval prior to	131445
making any single expenditure of more than five thousand dollars	131446
to correct deficiencies in the structure or furnishings of a	131447
facility. The court shall closely review the conduct of the	131448
receiver and shall require regular and detailed reports.	131449

(C) A receivership established pursuant to this section shall	131450
be terminated, following notification of the appropriate parties	131451
and a hearing, if the court determines either of the following:	131452

(1) The residential facility has been closed and the former	131453
residents have been relocated to an appropriate facility;	131454

(2) Circumstances no longer exist at the residential facility	131455
which present a substantial risk of physical or mental harm to	131456
residents, and there is no deficiency in the residential facility	131457
that is likely to create a future risk of harm.	131458

Notwithstanding division (C)(2) of this section, the court	131459
shall not terminate a receivership for a residential facility that	131460
has previously operated under another receivership unless the	131461
responsibility for the operation of the facility is transferred to	131462
an operator approved by the court and the department of mental	131463
health.	131464

(D) Except for the department of mental health or appropriate	131465
board of alcohol, drug addiction, and mental health services, no	131466
party or person interested in an action shall be appointed a	131467
receiver pursuant to this section.	131468

To assist the court in identifying persons qualified to be	131469
named as receivers, the director of the department of mental	131470
health shall maintain a list of the names of such persons. The	131471
department of mental health, the department of job and family	131472
services, and the department of health shall provide technical	131473
assistance to any receiver appointed pursuant to this section.	131474

Before entering upon the duties of receiver, the receiver	131475
must be sworn to perform the duties faithfully, and, with surety	131476
approved by the court, judge, or clerk, execute a bond to such	131477
person, and in such sum as the court or judge directs, to the	131478
effect that such receiver will faithfully discharge the duties of	131479
receiver in the action, and obey the orders of the court therein.	131480

(1) Under the control of the appointing court, a receiver may	131481
do the following:	131482

(a) Bring and defend actions in the appointee's name as	131483
receiver;	131484

(b) Take and keep possession of property.

131485

(2) The court shall authorize the receiver to do the	131486
following:	131487

(a) Collect payment for all goods and services provided to	131488
the residents or others during the period of the receivership at	131489
the same rate as was charged by the licensee at the time the	131490
petition for receivership was filed, unless a different rate is	131491
set by the court;	131492

(b) Honor all leases, mortgages, and secured transactions	131493
governing all buildings, goods, and fixtures of which the receiver	131494
has taken possession, but, in the case of a rental agreement only	131495
to the extent of payments that are for the use of the property	131496
during the period of the receivership, or, in the case of a	131497
purchase agreement, only to the extent that payments come due	131498
during the period of the receivership;	131499

(c) If transfer of residents is necessary, provide for the	131500
orderly transfer of residents by:	131501

(i) Cooperating with all appropriate state and local agencies	131502
in carrying out the transfer of residents to alternative community	131503
placements;	131504

(ii) Providing for the transportation of residents'	131505
belongings and records;	131506

(iii) Helping to locate alternative placements and develop	131507
plans for transfer;	131508

(iv) Encouraging residents or guardians to participate in	131509
transfer planning except when an emergency exists and immediate	131510
transfer is necessary.	131511

(d) Make periodic reports on the status of the residential	131512
facility to the court; the appropriate state agencies; and the	131513
board of alcohol, drug addiction, and mental health services. Each	131514
report shall be made available to residents, their guardians, and	131515
families.	131516

(e) Compromise demands or claims; and

131517

(f) Generally do such acts respecting the residential	131518
facility as the court authorizes.	131519

Notwithstanding any other provision of law, contracts which	131520
are necessary to carry out the powers and duties of the receiver	131521
need not be competitively bid.	131522

Sec. 5122.01. As used in this chapter and Chapter 5119. of	131523
the Revised Code:	131524

(A) "Mental illness" means a substantial disorder of thought,	131525
mood, perception, orientation, or memory that grossly impairs	131526
judgment, behavior, capacity to recognize reality, or ability to	131527
meet the ordinary demands of life.	131528

(B) "Mentally ill person subject to hospitalization by court	131529
order" means a mentally ill person who, because of the person's	131530
illness:	131531

(1) Represents a substantial risk of physical harm to self as	131532
manifested by evidence of threats of, or attempts at, suicide or	131533
serious self-inflicted bodily harm;	131534

(2) Represents a substantial risk of physical harm to others	131535
as manifested by evidence of recent homicidal or other violent	131536
behavior, evidence of recent threats that place another in	131537
reasonable fear of violent behavior and serious physical harm, or	131538
other evidence of present dangerousness;	131539

(3) Represents a substantial and immediate risk of serious	131540
physical impairment or injury to self as manifested by evidence	131541
that the person is unable to provide for and is not providing for	131542
the person's basic physical needs because of the person's mental	131543
illness and that appropriate provision for those needs cannot be	131544
made immediately available in the community; or	131545

(4) Would benefit from treatment in a hospital for the	131546
person's mental illness and is in need of such treatment as	131547
manifested by evidence of behavior that creates a grave and	131548
imminent risk to substantial rights of others or the person.	131549

(C)(1) "Patient" means, subject to division (C)(2) of this	131550
section, a person who is admitted either voluntarily or	131551
involuntarily to a hospital or other place under section 2945.39,	131552
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	131553
finding of not guilty by reason of insanity or incompetence to	131554
stand trial or under this chapter, who is under observation or	131555
receiving treatment in such place.	131556

(2) "Patient" does not include a person admitted to a	131557
hospital or other place under section 2945.39, 2945.40, 2945.401,	131558
or 2945.402 of the Revised Code to the extent that the reference	131559
in this chapter to patient, or the context in which the reference	131560
occurs, is in conflict with any provision of sections 2945.37 to	131561
2945.402 of the Revised Code.	131562

(D) "Licensed physician" means a person licensed under the	131563
laws of this state to practice medicine or a medical officer of	131564
the government of the United States while in this state in the	131565
performance of the person's official duties.	131566

(E) "Psychiatrist" means a licensed physician who has	131567
satisfactorily completed a residency training program in	131568
psychiatry, as approved by the residency review committee of the	131569
American medical association, the committee on post-graduate	131570
education of the American osteopathic association, or the American	131571
osteopathic board of neurology and psychiatry, or who on July 1,	131572
1989, has been recognized as a psychiatrist by the Ohio state	131573
medical association or the Ohio osteopathic association on the	131574
basis of formal training and five or more years of medical	131575
practice limited to psychiatry.	131576

(F) "Hospital" means a hospital or inpatient unit licensed by	131577
the department of mental health under section 5119.20 of the	131578
Revised Code, and any institution, hospital, or other place	131579
established, controlled, or supervised by the department under	131580
Chapter 5119. of the Revised Code.	131581

(G) "Public hospital" means a facility that is tax-supported	131582
and under the jurisdiction of the department of mental health.	131583

(H) "Community mental health agency" means an agency that	131584
provides community mental health services that are certified by	131585
the director of mental health under section 5119.611 of the	131586
Revised Code.	131587

(I) "Licensed clinical psychologist" means a person who holds	131588
a current valid psychologist license issued under section 4732.12	131589
or 4732.15 of the Revised Code, and in addition, meets either of	131590
the following criteria:	131591

(1) Meets the educational requirements set forth in division	131592
(B) of section 4732.10 of the Revised Code and has a minimum of	131593
two years' full-time professional experience, or the equivalent as	131594
determined by rule of the state board of psychology, at least one	131595
year of which shall be a predoctoral internship, in clinical	131596
psychological work in a public or private hospital or clinic or in	131597
private practice, diagnosing and treating problems of mental	131598
illness or mental retardation under the supervision of a	131599
psychologist who is licensed or who holds a diploma issued by the	131600
American board of professional psychology, or whose qualifications	131601
are substantially similar to those required for licensure by the	131602
state board of psychology when the supervision has occurred prior	131603
to enactment of laws governing the practice of psychology;	131604

(2) Meets the educational requirements set forth in division	131605
(B) of section 4732.15 of the Revised Code and has a minimum of	131606
four years' full-time professional experience, or the equivalent	131607
as determined by rule of the state board of psychology, in	131608
clinical psychological work in a public or private hospital or	131609
clinic or in private practice, diagnosing and treating problems of	131610
mental illness or mental retardation under supervision, as set	131611
forth in division (I)(1) of this section.	131612

(J) "Health officer" means any public health physician;	131613
public health nurse; or other person authorized by or designated	131614
by a city health district; a general health district; or a board	131615
of alcohol, drug addiction, and mental health services to perform	131616
the duties of a health officer under this chapter.	131617

(K) "Chief clinical officer" means the medical director of a	131618
hospital, or a community mental health agency, or a board of	131619
alcohol, drug addiction, and mental health services, or, if there	131620
is no medical director, the licensed physician responsible for the	131621
treatment a hospital or community mental health agency provides.	131622
The chief clinical officer may delegate to the attending physician	131623
responsible for a patient's care the duties imposed on the chief	131624
clinical officer by this chapter. Within a community mental health	131625
agency, the chief clinical officer shall be designated by the	131626
governing body of the agency and shall be a licensed physician or	131627
licensed clinical psychologist who supervises diagnostic and	131628
treatment services. A licensed physician or licensed clinical	131629
psychologist designated by the chief clinical officer may perform	131630
the duties and accept the responsibilities of the chief clinical	131631
officer in the chief clinical officer's absence.	131632

(L) "Working day" or "court day" means Monday, Tuesday,	131633
Wednesday, Thursday, and Friday, except when such day is a	131634
holiday.	131635

(M) "Indigent" means unable without deprivation of	131636
satisfaction of basic needs to provide for the payment of an	131637
attorney and other necessary expenses of legal representation,	131638
including expert testimony.	131639

(N) "Respondent" means the person whose detention,	131640
commitment, hospitalization, continued hospitalization or	131641
commitment, or discharge is being sought in any proceeding under	131642
this chapter.	131643

(O) ~~"Legal rights service" means the service established~~	131644
~~under~~"Ohio protection and advocacy system" has the same meaning	131645
as in section 5123.60 of the Revised Code.	131646

(P) "Independent expert evaluation" means an evaluation	131647
conducted by a licensed clinical psychologist, psychiatrist, or	131648
licensed physician who has been selected by the respondent or the	131649
respondent's counsel and who consents to conducting the	131650
evaluation.	131651

(Q) "Court" means the probate division of the court of common	131652
pleas.	131653

(R) "Expunge" means:

131654

(1) The removal and destruction of court files and records,	131655
originals and copies, and the deletion of all index references;	131656

(2) The reporting to the person of the nature and extent of	131657
any information about the person transmitted to any other person	131658
by the court;	131659

(3) Otherwise insuring that any examination of court files	131660
and records in question shall show no record whatever with respect	131661
to the person;	131662

(4) That all rights and privileges are restored, and that the	131663
person, the court, and any other person may properly reply that no	131664
such record exists, as to any matter expunged.	131665

(S) "Residence" means a person's physical presence in a	131666
county with intent to remain there, except that:	131667

(1) If a person is receiving a mental health service at a	131668
facility that includes nighttime sleeping accommodations,	131669
residence means that county in which the person maintained the	131670
person's primary place of residence at the time the person entered	131671
the facility;	131672

(2) If a person is committed pursuant to section 2945.38,	131673
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	131674
residence means the county where the criminal charges were filed.	131675

When the residence of a person is disputed, the matter of	131676
residence shall be referred to the department of mental health for	131677
investigation and determination. Residence shall not be a basis	131678
for a board's denying services to any person present in the	131679
board's service district, and the board shall provide services for	131680
a person whose residence is in dispute while residence is being	131681
determined and for a person in an emergency situation.	131682

(T) "Admission" to a hospital or other place means that a	131683
patient is accepted for and stays at least one night at the	131684
hospital or other place.	131685

(U) "Prosecutor" means the prosecuting attorney, village	131686
solicitor, city director of law, or similar chief legal officer	131687
who prosecuted a criminal case in which a person was found not	131688
guilty by reason of insanity, who would have had the authority to	131689
prosecute a criminal case against a person if the person had not	131690
been found incompetent to stand trial, or who prosecuted a case in	131691
which a person was found guilty.	131692

(V) "Treatment plan" means a written statement of reasonable	131693
objectives and goals for an individual established by the	131694
treatment team, with specific criteria to evaluate progress	131695
towards achieving those objectives. The active participation of	131696
the patient in establishing the objectives and goals shall be	131697
documented. The treatment plan shall be based on patient needs and	131698
include services to be provided to the patient while the patient	131699
is hospitalized and after the patient is discharged. The treatment	131700
plan shall address services to be provided upon discharge,	131701
including but not limited to housing, financial, and vocational	131702
services.	131703

(W) "Community control sanction" has the same meaning as in	131704
section 2929.01 of the Revised Code.	131705

(X) "Post-release control sanction" has the same meaning as	131706
in section 2967.01 of the Revised Code.	131707

Sec. 5122.02. (A) Except as provided in division (D) of this	131708
section, any person who is eighteen years of age or older and who	131709
is, appears to be, or believes self to be mentally ill may make	131710
written application for voluntary admission to the chief medical	131711
officer of a hospital.	131712

(B) Except as provided in division (D) of this section, the	131713
application also may be made on behalf of a minor by a parent, a	131714
guardian of the person, or the person with custody of the minor,	131715
and on behalf of an adult incompetent person by the guardian or	131716
the person with custody of the incompetent person.	131717

Any person whose admission is applied for under division (A)	131718
or (B) of this section may be admitted for observation, diagnosis,	131719
care, or treatment, in any hospital unless the chief clinical	131720
officer finds that hospitalization is inappropriate, and except	131721
that, in the case of a public hospital, no person shall be	131722
admitted without the authorization of the board of the person's	131723
county of residence.	131724

(C) If a minor or person adjudicated incompetent due to	131725
mental illness whose voluntary admission is applied for under	131726
division (B) of this section is admitted, the court shall	131727
determine, upon petition by ~~the legal rights service,~~ private or	131728
otherwise appointed counsel, a relative, or one acting as next	131729
friend, whether the admission or continued hospitalization is in	131730
the best interest of the minor or incompetent.	131731

The chief clinical officer shall discharge any voluntary	131732
patient who has recovered or whose hospitalization the officer	131733
determines to be no longer advisable and may discharge any	131734
voluntary patient who refuses to accept treatment consistent with	131735
the written treatment plan required by section 5122.27 of the	131736
Revised Code.	131737

(D) A person who is found incompetent to stand trial or not	131738
guilty by reason of insanity and who is committed pursuant to	131739
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	131740
Code shall not voluntarily admit ~~himself or herself~~the person or	131741
be voluntarily admitted to a hospital pursuant to this section	131742
until after the final termination of the commitment, as described	131743
in division (J) of section 2945.401 of the Revised Code.	131744

Sec. 5122.27. The chief clinical officer of the hospital or	131745
~~his~~the chief clinical officer's designee shall assure that all	131746
patients hospitalized or committed pursuant to this chapter shall:	131747

(A) Receive, within twenty days of their admission sufficient	131748
professional care to assure that an evaluation of current status,	131749
differential diagnosis, probable prognosis, and description of the	131750
current treatment plan is stated on the official chart;	131751

(B) Have a written treatment plan consistent with the	131752
evaluation, diagnosis, prognosis, and goals which shall be	131753
provided, upon request of the patient or patient's counsel, to the	131754
patient's counsel and to any private physician or licensed	131755
clinical psychologist designated by the patient or ~~his~~the	131756
patient's counsel or to the ~~legal rights service~~Ohio protection	131757
and advocacy system;	131758

(C) Receive treatment consistent with the treatment plan. The	131759
department of mental health shall set standards for treatment	131760
provided to such patients, consistent wherever possible with	131761
standards set by the joint commission on accreditation of	131762
healthcare organizations.	131763

(D) Receive periodic reevaluations of the treatment plan by	131764
the professional staff at intervals not to exceed ninety days;	131765

(E) Be provided with adequate medical treatment for physical	131766
disease or injury;	131767

(F) Receive humane care and treatment, including without	131768
limitation, the following:	131769

(1) The least restrictive environment consistent with the	131770
treatment plan;	131771

(2) The necessary facilities and personnel required by the	131772
treatment plan;	131773

(3) A humane psychological and physical environment;

131774

(4) The right to obtain current information concerning ~~his~~	131775
the patient's treatment program and expectations in terms that he	131776
the patient can reasonably understand;	131777

(5) Participation in programs designed to afford ~~him~~the	131778
patient substantial opportunity to acquire skills to facilitate	131779
~~his~~ return to the community or to terminate an involuntary	131780
commitment;	131781

(6) The right to be free from unnecessary or excessive	131782
medication;	131783

(7) Freedom from restraints or isolation unless it is stated	131784
in a written order by the chief clinical officer or ~~his~~the chief	131785
clinical officer's designee, or the patient's individual physician	131786
or psychologist in a private or general hospital.	131787

~~(G) Be notified of their rights under the law within~~	131788
~~twenty-four hours of admission, according to rules established by~~	131789
~~the legal rights service.~~	131790

If the chief clinical officer of the hospital is unable to	131791
provide the treatment required by divisions (C), (E), and (F) of	131792
this section for any patient hospitalized pursuant to Chapter	131793
5122. of the Revised Code, hethe chief clinical officer shall	131794
immediately notify the patient, the court, the ~~legal rights~~	131795
~~service~~Ohio protection and advocacy system, the director of	131796
mental health, and the patient's counsel and legal guardian, if	131797
known. If within ten days after receipt of such notification by	131798
the director, hethe director is unable to effect a transfer of	131799
the patient, pursuant to section 5122.20 of the Revised Code, to a	131800
hospital, community mental health agency, or other medical	131801
facility where treatment is available, or has not received an	131802
order of the court to the contrary, the involuntary commitment of	131803
any patient hospitalized pursuant to Chapter 5122. of the Revised	131804
Code and defined as a mentally ill person subject to	131805
hospitalization by court order under division (B)(4) of section	131806
5122.01 of the Revised Code shall automatically be terminated.	131807

Sec. 5122.271. (A) Except as provided in divisions (C), (D),	131808
and (E) of this section, the chief clinical officer or, in a	131809
nonpublic hospital, the attending physician responsible for a	131810
patient's care shall provide all information, including expected	131811
physical and medical consequences, necessary to enable any patient	131812
of a hospital for the mentally ill to give a fully informed,	131813
intelligent, and knowing consent, the opportunity to consult with	131814
independent specialists and counsel, and the right to refuse	131815
consent for any of the following:	131816

(1) Surgery;

131817

(2) Convulsive therapy;

131818

(3) Major aversive interventions;

131819

(4) Sterilizations;

131820

(5) Any unusually hazardous treatment procedures;

131821

(6) Psycho-surgery.

131822

(B) No patient shall be subjected to any of the procedures	131823
listed in divisions (A)(4) to (6) of this section until both the	131824
patient's informed, intelligent, and knowing consent and the	131825
approval of the court have been obtained, except that court	131826
approval is not required for a legally competent and voluntary	131827
patient in a nonpublic hospital.	131828

(C) If, after providing the information required under	131829
division (A) of this section to the patient, the chief clinical	131830
officer or attending physician concludes that a patient is	131831
physically or mentally unable to receive the information required	131832
for surgery under division (A)(1) of this section, or has been	131833
adjudicated incompetent, the information may be provided to the	131834
patient's natural or court-appointed guardian, who may give an	131835
informed, intelligent, and knowing written consent.	131836

If a patient is physically or mentally unable to receive the	131837
information required for surgery under division (A)(1) of this	131838
section and has no guardian, the information, the recommendation	131839
of the chief clinical officer, and the concurring judgment of a	131840
licensed physician who is not a full-time employee of the state	131841
may be provided to the court in the county in which the hospital	131842
is located, which may approve the surgery. Before approving the	131843
surgery, the court shall notify the ~~legal rights service~~Ohio	131844
protection and advocacy system created by section 5123.60 of the	131845
Revised Code, and shall notify the patient of the rights to	131846
consult with counsel, to have counsel appointed by the court if	131847
the patient is indigent, and to contest the recommendation of the	131848
chief clinical officer.	131849

(D) If, in a medical emergency, and after providing the	131850
information required under division (A) of this section to the	131851
patient, it is the judgment of one licensed physician that delay	131852
in obtaining surgery would create a grave danger to the health of	131853
the patient, it may be administered without the consent of the	131854
patient or the patient's guardian if the necessary information is	131855
provided to the patient's spouse or next of kin to enable that	131856
person to give informed, intelligent, and knowing written consent.	131857
If no spouse or next of kin can reasonably be contacted, or if the	131858
spouse or next of kin is contacted, but refuses to consent, the	131859
surgery may be performed upon the written authorization of the	131860
chief clinical officer or, in a nonpublic hospital, upon the	131861
written authorization of the attending physician responsible for	131862
the patient's care, and after the approval of the court has been	131863
obtained. However, if delay in obtaining court approval would	131864
create a grave danger to the life of the patient, the chief	131865
clinical officer or, in a nonpublic hospital, the attending	131866
physician responsible for the patient's care may authorize	131867
surgery, in writing, without court approval. If the surgery is	131868
authorized without court approval, the chief clinical officer or	131869
the attending physician who made the authorization and the	131870
physician who performed the surgery shall each execute an	131871
affidavit describing the circumstances constituting the emergency	131872
and warranting the surgery and the circumstances warranting their	131873
not obtaining prior court approval. The affidavit shall be filed	131874
with the court with which the request for prior approval would	131875
have been filed within five court days after the surgery, and a	131876
copy of the affidavit shall be placed in the patient's file and be	131877
given to the guardian, spouse, or next of kin of the patient, to	131878
the hospital at which the surgery was performed, and to the ~~legal~~	131879
~~rights service created by~~Ohio protection and advocacy system as	131880
defined in section 5123.60 of the Revised Code.	131881

(E) Major aversive interventions shall not be used unless a	131882
patient continues to engage in behavior destructive to self or	131883
others after other forms of therapy have been attempted. Major	131884
aversive interventions may be applied if approved by the director	131885
of mental health. ~~The director of the legal rights service created~~	131886
~~by section 5123.60 of the Revised Code shall be notified of any~~	131887
~~proposed major aversive intervention prior to review by the~~	131888
~~director of mental health.~~ Major aversive interventions shall not	131889
be applied to a voluntary patient without the informed,	131890
intelligent, and knowing written consent of the patient or the	131891
patient's guardian.	131892

(F) Unless there is substantial risk of physical harm to self	131893
or others, or other than under division (D) of this section, this	131894
chapter does not authorize any form of compulsory medical,	131895
psychological, or psychiatric treatment of any patient who is	131896
being treated by spiritual means through prayer alone in	131897
accordance with a recognized religious method of healing without	131898
specific court authorization.	131899

(G) For purposes of this section, "convulsive therapy" does	131900
not include defibrillation.	131901

Sec. 5122.29. All patients hospitalized or committed	131902
pursuant to this chapter have the following rights:	131903

(A) The right to a written list of all rights enumerated in	131904
this chapter, to that person, ~~his~~that person's legal guardian,	131905
and ~~his~~that person's counsel. If the person is unable to read,	131906
the list shall be read and explained to ~~him~~the person.	131907

(B) The right at all times to be treated with consideration	131908
and respect for ~~his~~the patient's privacy and dignity, including	131909
without limitation, the following:	131910

(1) At the time a person is taken into custody for diagnosis,	131911
detention, or treatment under Chapter 5122. of the Revised Code,	131912
the person taking ~~him~~that person into custody shall take	131913
reasonable precautions to preserve and safeguard the personal	131914
property in the possession of or on the premises occupied by that	131915
person;	131916

(2) A person who is committed, voluntarily or involuntarily,	131917
shall be given reasonable protection from assault or battery by	131918
any other person.	131919

(C) The right to communicate freely with and be visited at	131920
reasonable times by ~~his~~the patient's private counsel or personnel	131921
of the ~~legal rights service~~Ohio protection and advocacy system	131922
and, unless prior court restriction has been obtained, to	131923
communicate freely with and be visited at reasonable times by ~~his~~	131924
the patient's personal physician or psychologist.	131925

(D) The right to communicate freely with others, unless	131926
specifically restricted in the patient's treatment plan for clear	131927
treatment reasons, including without limitation the following:	131928

(1) To receive visitors at reasonable times;

131929

(2) To have reasonable access to telephones to make and	131930
receive confidential calls, including a reasonable number of free	131931
calls if unable to pay for them and assistance in calling if	131932
requested and needed.	131933

(E) The right to have ready access to letter writing	131934
materials, including a reasonable number of stamps without cost if	131935
unable to pay for them, and to mail and receive unopened	131936
correspondence and assistance in writing if requested and needed.	131937

(F) The right to the following personal privileges consistent	131938
with health and safety:	131939

(1) To wear ~~his~~the patient's own clothes and maintain ~~his~~	131940
the patient's own personal effects;	131941

(2) To be provided an adequate allowance for or allotment of	131942
neat, clean, and seasonable clothing if unable to provide ~~his~~the	131943
patient's own;	131944

(3) To maintain ~~his~~the patient's personal appearance	131945
according to ~~his~~the patient's own personal taste, including head	131946
and body hair;	131947

(4) To keep and use personal possessions, including toilet	131948
articles;	131949

(5) To have access to individual storage space for ~~his~~the	131950
patient's private use;	131951

(6) To keep and spend a reasonable sum of ~~his~~the patient's	131952
own money for expenses and small purchases;	131953

(7) To receive and possess reading materials without	131954
censorship, except when the materials create a clear and present	131955
danger to the safety of persons in the facility.	131956

(G) The right to reasonable privacy, including both periods	131957
of privacy and places of privacy.	131958

(H) The right to free exercise of religious worship within	131959
the facility, including a right to services and sacred texts that	131960
are within the reasonable capacity of the facility to supply,	131961
provided that no patient shall be coerced into engaging in any	131962
religious activities.	131963

(I) The right to social interaction with members of either	131964
sex, subject to adequate supervision, unless such social	131965
interaction is specifically withheld under a patient's written	131966
treatment plan for clear treatment reasons.	131967

As used in this section, "clear treatment reasons" means that	131968
permitting the patient to communicate freely with others will	131969
present a substantial risk of physical harm to the patient or	131970
others or will substantially preclude effective treatment of the	131971
patient. If a right provided under this section is restricted or	131972
withheld for clear treatment reasons, the patient's written	131973
treatment plan shall specify the treatment designed to eliminate	131974
the restriction or withholding of the right at the earliest	131975
possible time.	131976

Sec. 5122.31. (A) All certificates, applications, records,	131977
and reports made for the purpose of this chapter and sections	131978
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	131979
Code, other than court journal entries or court docket entries,	131980
and directly or indirectly identifying a patient or former patient	131981
or person whose hospitalization has been sought under this	131982
chapter, shall be kept confidential and shall not be disclosed by	131983
any person except:	131984

(1) If the person identified, or the person's legal guardian,	131985
if any, or if the person is a minor, the person's parent or legal	131986
guardian, consents, and if the disclosure is in the best interests	131987
of the person, as may be determined by the court for judicial	131988
records and by the chief clinical officer for medical records;	131989

(2) When disclosure is provided for in this chapter or	131990
section ~~5123.60~~5123.601 of the Revised Code;	131991

(3) That hospitals, boards of alcohol, drug addiction, and	131992
mental health services, and community mental health agencies may	131993
release necessary medical information to insurers and other	131994
third-party payers, including government entities responsible for	131995
processing and authorizing payment, to obtain payment for goods	131996
and services furnished to the patient;	131997

(4) Pursuant to a court order signed by a judge;

131998

(5) That a patient shall be granted access to the patient's	131999
own psychiatric and medical records, unless access specifically is	132000
restricted in a patient's treatment plan for clear treatment	132001
reasons;	132002

(6) That hospitals and other institutions and facilities	132003
within the department of mental health may exchange psychiatric	132004
records and other pertinent information with other hospitals,	132005
institutions, and facilities of the department, and with community	132006
mental health agencies and boards of alcohol, drug addiction, and	132007
mental health services with which the department has a current	132008
agreement for patient care or services. Records and information	132009
that may be released pursuant to this division shall be limited to	132010
medication history, physical health status and history, financial	132011
status, summary of course of treatment in the hospital, summary of	132012
treatment needs, and a discharge summary, if any.	132013

(7) That hospitals within the department, other institutions	132014
and facilities within the department, hospitals licensed by the	132015
department under section 5119.20 of the Revised Code, and	132016
community mental health agencies may exchange psychiatric records	132017
and other pertinent information with payers and other providers of	132018
treatment and health services if the purpose of the exchange is to	132019
facilitate continuity of care for a patient;	132020

(8) That a patient's family member who is involved in the	132021
provision, planning, and monitoring of services to the patient may	132022
receive medication information, a summary of the patient's	132023
diagnosis and prognosis, and a list of the services and personnel	132024
available to assist the patient and the patient's family, if the	132025
patient's treating physician determines that the disclosure would	132026
be in the best interests of the patient. No such disclosure shall	132027
be made unless the patient is notified first and receives the	132028
information and does not object to the disclosure.	132029

(9) That community mental health agencies may exchange	132030
psychiatric records and certain other information with the board	132031
of alcohol, drug addiction, and mental health services and other	132032
agencies in order to provide services to a person involuntarily	132033
committed to a board. Release of records under this division shall	132034
be limited to medication history, physical health status and	132035
history, financial status, summary of course of treatment, summary	132036
of treatment needs, and discharge summary, if any.	132037

(10) That information may be disclosed to the executor or the	132038
administrator of an estate of a deceased patient when the	132039
information is necessary to administer the estate;	132040

(11) That records in the possession of the Ohio historical	132041
society may be released to the closest living relative of a	132042
deceased patient upon request of that relative;	132043

(12) That information may be disclosed to staff members of	132044
the appropriate board or to staff members designated by the	132045
director of mental health for the purpose of evaluating the	132046
quality, effectiveness, and efficiency of services and determining	132047
if the services meet minimum standards. Information obtained	132048
during such evaluations shall not be retained with the name of any	132049
patient.	132050

(13) That records pertaining to the patient's diagnosis,	132051
course of treatment, treatment needs, and prognosis shall be	132052
disclosed and released to the appropriate prosecuting attorney if	132053
the patient was committed pursuant to section 2945.38, 2945.39,	132054
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	132055
attorney designated by the board for proceedings pursuant to	132056
involuntary commitment under this chapter.	132057

(14) That the department of mental health may exchange	132058
psychiatric hospitalization records, other mental health treatment	132059
records, and other pertinent information with the department of	132060
rehabilitation and correction to ensure continuity of care for	132061
inmates who are receiving mental health services in an institution	132062
of the department of rehabilitation and correction. The department	132063
shall not disclose those records unless the inmate is notified,	132064
receives the information, and does not object to the disclosure.	132065
The release of records under this division is limited to records	132066
regarding an inmate's medication history, physical health status	132067
and history, summary of course of treatment, summary of treatment	132068
needs, and a discharge summary, if any.	132069

(15) That a community mental health agency that ceases to	132070
operate may transfer to either a community mental health agency	132071
that assumes its caseload or to the board of alcohol, drug	132072
addiction, and mental health services of the service district in	132073
which the patient resided at the time services were most recently	132074
provided any treatment records that have not been transferred	132075
elsewhere at the patient's request.	132076

(B) Before records are disclosed pursuant to divisions	132077
(A)(3), (6), (7), and (9) of this section, the custodian of the	132078
records shall attempt to obtain the patient's consent for the	132079
disclosure. No person shall reveal the contents of a medical	132080
record of a patient except as authorized by law.	132081

(C) The managing officer of a hospital who releases necessary	132082
medical information under division (A)(3) of this section to allow	132083
an insurance carrier or other third party payor to comply with	132084
section 5121.43 of the Revised Code shall neither be subject to	132085
criminal nor civil liability.	132086

Sec. 5122.32. (A) As used in this section:

132087

(1) "Quality assurance committee" means a committee that is	132088
appointed in the central office of the department of mental health	132089
by the director of mental health, a committee of a hospital or	132090
community setting program, a committee established pursuant to	132091
section 5119.47 of the Revised Code of the department of mental	132092
health appointed by the managing officer of the hospital or	132093
program, or a duly authorized subcommittee of a committee of that	132094
nature and that is designated to carry out quality assurance	132095
program activities.	132096

(2) "Quality assurance program" means a comprehensive program	132097
within the department of mental health to systematically review	132098
and improve the quality of medical and mental health services	132099
within the department and its hospitals and community setting	132100
programs, the safety and security of persons receiving medical and	132101
mental health services within the department and its hospitals and	132102
community setting programs, and the efficiency and effectiveness	132103
of the utilization of staff and resources in the delivery of	132104
medical and mental health services within the department and its	132105
hospitals and community setting programs. "Quality assurance	132106
program" includes the central office quality assurance committees,	132107
morbidity and mortality review committees, quality assurance	132108
programs of community setting programs, quality assurance	132109
committees of hospitals operated by the department of mental	132110
health, and the office of licensure and certification of the	132111
department.	132112

(3) "Quality assurance program activities" include collecting	132113
or compiling information and reports required by a quality	132114
assurance committee, receiving, reviewing, or implementing the	132115
recommendations made by a quality assurance committee, and	132116
credentialing, privileging, infection control, tissue review, peer	132117
review, utilization review including access to patient care	132118
records, patient care assessment records, and medical and mental	132119
health records, medical and mental health resource management,	132120
mortality and morbidity review, and identification and prevention	132121
of medical or mental health incidents and risks, whether performed	132122
by a quality assurance committee or by persons who are directed by	132123
a quality assurance committee.	132124

(4) "Quality assurance records" means the proceedings,	132125
discussion, records, findings, recommendations, evaluations,	132126
opinions, minutes, reports, and other documents or actions that	132127
emanate from quality assurance committees, quality assurance	132128
programs, or quality assurance program activities. "Quality	132129
assurance records" does not include aggregate statistical	132130
information that does not disclose the identity of persons	132131
receiving or providing medical or mental health services in	132132
department of mental health institutions.	132133

(B)(1) Except as provided in division (E) of this section,	132134
quality assurance records are confidential and are not public	132135
records under section 149.43 of the Revised Code, and shall be	132136
used only in the course of the proper functions of a quality	132137
assurance program.	132138

(2) Except as provided in division (E) of this section, no	132139
person who possesses or has access to quality assurance records	132140
and who knows that the records are quality assurance records shall	132141
willfully disclose the contents of the records to any person or	132142
entity.	132143

(C)(1) Except as provided in division (E) of this section, no	132144
quality assurance record shall be subject to discovery in, and is	132145
not admissible in evidence, in any judicial or administrative	132146
proceeding.	132147

(2) Except as provided in division (E) of this section, no	132148
member of a quality assurance committee or a person who is	132149
performing a function that is part of a quality assurance program	132150
shall be permitted or required to testify in a judicial or	132151
administrative proceeding with respect to quality assurance	132152
records or with respect to any finding, recommendation,	132153
evaluation, opinion, or other action taken by the committee,	132154
member, or person.	132155

(3) Information, documents, or records otherwise available	132156
from original sources are not to be construed as being unavailable	132157
for discovery or admission in evidence in a judicial or	132158
administrative proceeding merely because they were presented to a	132159
quality assurance committee. No person testifying before a quality	132160
assurance committee or person who is a member of a quality	132161
assurance committee shall be prevented from testifying as to	132162
matters within the person's knowledge, but the witness cannot be	132163
asked about the witness' testimony before the quality assurance	132164
committee or about an opinion formed by the person as a result of	132165
the quality assurance committee proceedings.	132166

(D)(1) A person who, without malice and in the reasonable	132167
belief that the information is warranted by the facts known to the	132168
person, provides information to a person engaged in quality	132169
assurance program activities is not liable for damages in a civil	132170
action for injury, death, or loss to person or property to any	132171
person as a result of providing the information.	132172

(2) A member of a quality assurance committee, a person	132173
engaged in quality assurance program activities, and an employee	132174
of the department of mental health shall not be liable in damages	132175
in a civil action for injury, death, or loss to person or property	132176
to any person for any acts, omissions, decisions, or other conduct	132177
within the scope of the functions of the quality assurance	132178
program.	132179

(3) Nothing in this section shall relieve any institution or	132180
individual from liability arising from the treatment of a patient.	132181

(E) Quality assurance records may be disclosed, and testimony	132182
may be provided concerning quality assurance records, only to the	132183
following persons or entities:	132184

(1) Persons who are employed or retained by the department of	132185
mental health and who have authority to evaluate or implement the	132186
recommendations of a state-operated hospital, community setting	132187
program, or central office quality assurance committee;	132188

(2) Public or private agencies or organizations if needed to	132189
perform a licensing or accreditation function related to	132190
department of mental health hospitals or community setting	132191
programs, or to perform monitoring of a hospital or program of	132192
that nature as required by law.	132193

(F) A disclosure of quality assurance records pursuant to	132194
division (E) of this section does not otherwise waive the	132195
confidential and privileged status of the disclosed quality	132196
assurance records.	132197

(G) Nothing in this section shall limit the access of the	132198
~~legal rights service~~Ohio protection and advocacy system to	132199
records or personnel as ~~set forth in sections 5123.60 to 5123.604~~	132200
required under section 5123.601 of the Revised Code. Nothing in	132201
this section shall limit the admissibility of documentary or	132202
testimonial evidence in an action brought by the ~~legal rights~~	132203
~~service~~Ohio protection and advocacy system in its own name or on	132204
behalf of a client.	132205

Sec. 5123.092. (A) There is hereby established at each	132206
institution and branch institution under the control of the	132207
department of developmental disabilities a citizen's advisory	132208
council consisting of thirteen members. At least seven of the	132209
members shall be persons who are not providers of mental	132210
retardation services. Each council shall include parents or other	132211
relatives of residents of institutions under the control of the	132212
department, community leaders, professional persons in relevant	132213
fields, and persons who have an interest in or knowledge of mental	132214
retardation. The managing officer of the institution shall be a	132215
nonvoting member of the council.	132216

(B) The director of developmental disabilities shall be the	132217
appointing authority for the voting members of each citizen's	132218
advisory council. Each time the term of a voting member expires,	132219
the remaining members of the council shall recommend to the	132220
director one or more persons to serve on the council. The director	132221
may accept a nominee of the council or reject the nominee or	132222
nominees. If the director rejects the nominee or nominees, the	132223
remaining members of the advisory council shall further recommend	132224
to the director one or more other persons to serve on the advisory	132225
council. This procedure shall continue until a member is appointed	132226
to the advisory council.	132227

Each advisory council shall elect from its appointed members	132228
a chairperson, vice-chairperson, and a secretary to serve for	132229
terms of one year. Advisory council officers shall not serve for	132230
more than two consecutive terms in the same office. A majority of	132231
the advisory council members constitutes a quorum.	132232

(C) Terms of office shall be for three years, each term	132233
ending on the same day of the same month of the year as did the	132234
term which it succeeds. No member shall serve more than two	132235
consecutive terms, except that any former member may be appointed	132236
if one year or longer has elapsed since the member served two	132237
consecutive terms. Each member shall hold office from the date of	132238
appointment until the end of the term for which the member was	132239
appointed. Any vacancy shall be filled in the same manner in which	132240
the original appointment was made, and the appointee to a vacancy	132241
in an unexpired term shall serve the balance of the term of the	132242
original appointee. Any member shall continue in office subsequent	132243
to the expiration date of the member's term until the member's	132244
successor takes office, or until a period of sixty days has	132245
elapsed, whichever occurs first.	132246

(D) Members shall be expected to attend all meetings of the	132247
advisory council. Unexcused absence from two successive regularly	132248
scheduled meetings shall be considered prima-facie evidence of	132249
intent not to continue as a member. The chairperson of the board	132250
shall, after a member has been absent for two successive regularly	132251
scheduled meetings, direct a letter to the member asking if the	132252
member wishes to remain in membership. If an affirmative reply is	132253
received, the member shall be retained as a member except that,	132254
if, after having expressed a desire to remain a member, the member	132255
then misses a third successive regularly scheduled meeting without	132256
being excused, the chairperson shall terminate the member's	132257
membership.	132258

(E) A citizen's advisory council shall meet six times	132259
annually, or more frequently if three council members request the	132260
chairperson to call a meeting. The council shall keep minutes of	132261
each meeting and shall submit them to the managing officer of the	132262
institution with which the council is associated,and the	132263
department of developmental disabilities~~, and the legal rights~~	132264
~~service~~.	132265

(F) Members of citizen's advisory councils shall receive no	132266
compensation for their services, except that they shall be	132267
reimbursed for their actual and necessary expenses incurred in the	132268
performance of their official duties by the institution with which	132269
they are associated from funds allocated to it, provided that	132270
reimbursement for those expenses shall not exceed limits imposed	132271
upon the department of developmental disabilities by	132272
administrative rules regulating travel within this state.	132273

(G) The councils shall have reasonable access to all patient	132274
treatment and living areas and records of the institution, except	132275
those records of a strictly personal or confidential nature. The	132276
councils shall have access to a patient's personal records with	132277
the consent of the patient or the patient's legal guardian or, if	132278
the patient is a minor, with the consent of the parent or legal	132279
guardian of the patient.	132280

(H) As used in this section, "branch institution" means a	132281
facility that is located apart from an institution and is under	132282
the control of the managing officer of the institution.	132283

Sec. 5123.19. (A) As used in this section and in sections	132284
5123.191, 5123.194, 5123.196, 5123.197, 5123.198, and 5123.20 of	132285
the Revised Code:	132286

(1)(a) "Residential facility" means a home or facility in	132287
which a mentally retarded or developmentally disabled person	132288
resides, except the home of a relative or legal guardian in which	132289
a mentally retarded or developmentally disabled person resides, a	132290
respite care home certified under section 5126.05 of the Revised	132291
Code, a county home or district home operated pursuant to Chapter	132292
5155. of the Revised Code, or a dwelling in which the only	132293
mentally retarded or developmentally disabled residents are in an	132294
independent living arrangement or are being provided supported	132295
living.	132296

(b) "Intermediate care facility for the mentally retarded"	132297
means a residential facility that is considered an intermediate	132298
care facility for the mentally retarded for the purposes of	132299
Chapter 5111. of the Revised Code.	132300

(2) "Political subdivision" means a municipal corporation,	132301
county, or township.	132302

(3) "Independent living arrangement" means an arrangement in	132303
which a mentally retarded or developmentally disabled person	132304
resides in an individualized setting chosen by the person or the	132305
person's guardian, which is not dedicated principally to the	132306
provision of residential services for mentally retarded or	132307
developmentally disabled persons, and for which no financial	132308
support is received for rendering such service from any	132309
governmental agency by a provider of residential services.	132310

(4) "Licensee" means the person or government agency that has	132311
applied for a license to operate a residential facility and to	132312
which the license was issued under this section.	132313

(5) "Related party" has the same meaning as in section	132314
5123.16 of the Revised Code except that "provider" as used in the	132315
definition of "related party" means a person or government entity	132316
that held or applied for a license to operate a residential	132317
facility, rather than a person or government entity certified to	132318
provide supported living.	132319

(B) Every person or government agency desiring to operate a	132320
residential facility shall apply for licensure of the facility to	132321
the director of developmental disabilities unless the residential	132322
facility is subject to section 3721.02, 5119.73, 5103.03, or	132323
5119.20 of the Revised Code. Notwithstanding Chapter 3721. of the	132324
Revised Code, a nursing home that is certified as an intermediate	132325
care facility for the mentally retarded under Title XIX of the	132326
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as	132327
amended, shall apply for licensure of the portion of the home that	132328
is certified as an intermediate care facility for the mentally	132329
retarded.	132330

(C) Subject to section 5123.196 of the Revised Code, the	132331
director of developmental disabilities shall license the operation	132332
of residential facilities. An initial license shall be issued for	132333
a period that does not exceed one year, unless the director denies	132334
the license under division (D) of this section. A license shall be	132335
renewed for a period that does not exceed three years, unless the	132336
director refuses to renew the license under division (D) of this	132337
section. The director, when issuing or renewing a license, shall	132338
specify the period for which the license is being issued or	132339
renewed. A license remains valid for the length of the licensing	132340
period specified by the director, unless the license is	132341
terminated, revoked, or voluntarily surrendered.	132342

(D) If it is determined that an applicant or licensee is not	132343
in compliance with a provision of this chapter that applies to	132344
residential facilities or the rules adopted under such a	132345
provision, the director may deny issuance of a license, refuse to	132346
renew a license, terminate a license, revoke a license, issue an	132347
order for the suspension of admissions to a facility, issue an	132348
order for the placement of a monitor at a facility, issue an order	132349
for the immediate removal of residents, or take any other action	132350
the director considers necessary consistent with the director's	132351
authority under this chapter regarding residential facilities. In	132352
the director's selection and administration of the sanction to be	132353
imposed, all of the following apply:	132354

(1) The director may deny, refuse to renew, or revoke a	132355
license, if the director determines that the applicant or licensee	132356
has demonstrated a pattern of serious noncompliance or that a	132357
violation creates a substantial risk to the health and safety of	132358
residents of a residential facility.	132359

(2) The director may terminate a license if more than twelve	132360
consecutive months have elapsed since the residential facility was	132361
last occupied by a resident or a notice required by division (K)	132362
of this section is not given.	132363

(3) The director may issue an order for the suspension of	132364
admissions to a facility for any violation that may result in	132365
sanctions under division (D)(1) of this section and for any other	132366
violation specified in rules adopted under division (H)(2) of this	132367
section. If the suspension of admissions is imposed for a	132368
violation that may result in sanctions under division (D)(1) of	132369
this section, the director may impose the suspension before	132370
providing an opportunity for an adjudication under Chapter 119. of	132371
the Revised Code. The director shall lift an order for the	132372
suspension of admissions when the director determines that the	132373
violation that formed the basis for the order has been corrected.	132374

(4) The director may order the placement of a monitor at a	132375
residential facility for any violation specified in rules adopted	132376
under division (H)(2) of this section. The director shall lift the	132377
order when the director determines that the violation that formed	132378
the basis for the order has been corrected.	132379

(5) If the director determines that two or more residential	132380
facilities owned or operated by the same person or government	132381
entity are not being operated in compliance with a provision of	132382
this chapter that applies to residential facilities or the rules	132383
adopted under such a provision, and the director's findings are	132384
based on the same or a substantially similar action, practice,	132385
circumstance, or incident that creates a substantial risk to the	132386
health and safety of the residents, the director shall conduct a	132387
survey as soon as practicable at each residential facility owned	132388
or operated by that person or government entity. The director may	132389
take any action authorized by this section with respect to any	132390
facility found to be operating in violation of a provision of this	132391
chapter that applies to residential facilities or the rules	132392
adopted under such a provision.	132393

(6) When the director initiates license revocation	132394
proceedings, no opportunity for submitting a plan of correction	132395
shall be given. The director shall notify the licensee by letter	132396
of the initiation of the proceedings. The letter shall list the	132397
deficiencies of the residential facility and inform the licensee	132398
that no plan of correction will be accepted. The director shall	132399
also send a copy of the letter to the county board of	132400
developmental disabilities. The county board shall send a copy of	132401
the letter to each of the following:	132402

(a) Each resident who receives services from the licensee;

132403

(b) The guardian of each resident who receives services from	132404
the licensee if the resident has a guardian;	132405

(c) The parent or guardian of each resident who receives	132406
services from the licensee if the resident is a minor.	132407

(7) Pursuant to rules which shall be adopted in accordance	132408
with Chapter 119. of the Revised Code, the director may order the	132409
immediate removal of residents from a residential facility	132410
whenever conditions at the facility present an immediate danger of	132411
physical or psychological harm to the residents.	132412

(8) In determining whether a residential facility is being	132413
operated in compliance with a provision of this chapter that	132414
applies to residential facilities or the rules adopted under such	132415
a provision, or whether conditions at a residential facility	132416
present an immediate danger of physical or psychological harm to	132417
the residents, the director may rely on information obtained by a	132418
county board of developmental disabilities or other governmental	132419
agencies.	132420

(9) In proceedings initiated to deny, refuse to renew, or	132421
revoke licenses, the director may deny, refuse to renew, or revoke	132422
a license regardless of whether some or all of the deficiencies	132423
that prompted the proceedings have been corrected at the time of	132424
the hearing.	132425

(E) The director shall establish a program under which public	132426
notification may be made when the director has initiated license	132427
revocation proceedings or has issued an order for the suspension	132428
of admissions, placement of a monitor, or removal of residents.	132429
The director shall adopt rules in accordance with Chapter 119. of	132430
the Revised Code to implement this division. The rules shall	132431
establish the procedures by which the public notification will be	132432
made and specify the circumstances for which the notification must	132433
be made. The rules shall require that public notification be made	132434
if the director has taken action against the facility in the	132435
eighteen-month period immediately preceding the director's latest	132436
action against the facility and the latest action is being taken	132437
for the same or a substantially similar violation of a provision	132438
of this chapter that applies to residential facilities or the	132439
rules adopted under such a provision. The rules shall specify a	132440
method for removing or amending the public notification if the	132441
director's action is found to have been unjustified or the	132442
violation at the residential facility has been corrected.	132443

(F)(1) Except as provided in division (F)(2) of this section,	132444
appeals from proceedings initiated to impose a sanction under	132445
division (D) of this section shall be conducted in accordance with	132446
Chapter 119. of the Revised Code.	132447

(2) Appeals from proceedings initiated to order the	132448
suspension of admissions to a facility shall be conducted in	132449
accordance with Chapter 119. of the Revised Code, unless the order	132450
was issued before providing an opportunity for an adjudication, in	132451
which case all of the following apply:	132452

(a) The licensee may request a hearing not later than ten	132453
days after receiving the notice specified in section 119.07 of the	132454
Revised Code.	132455

(b) If a timely request for a hearing that includes the	132456
licensee's current address is made, the hearing shall commence not	132457
later than thirty days after the department receives the request.	132458

(c) After commencing, the hearing shall continue	132459
uninterrupted, except for Saturdays, Sundays, and legal holidays,	132460
unless other interruptions are agreed to by the licensee and the	132461
director.	132462

(d) If the hearing is conducted by a hearing examiner, the	132463
hearing examiner shall file a report and recommendations not later	132464
than ten days after the last of the following:	132465

(i) The close of the hearing;

132466

(ii) If a transcript of the proceedings is ordered, the	132467
hearing examiner receives the transcript;	132468

(iii) If post-hearing briefs are timely filed, the hearing	132469
examiner receives the briefs.	132470

(e) A copy of the written report and recommendation of the	132471
hearing examiner shall be sent, by certified mail, to the licensee	132472
and the licensee's attorney, if applicable, not later than five	132473
days after the report is filed.	132474

(f) Not later than five days after the hearing examiner files	132475
the report and recommendations, the licensee may file objections	132476
to the report and recommendations.	132477

(g) Not later than fifteen days after the hearing examiner	132478
files the report and recommendations, the director shall issue an	132479
order approving, modifying, or disapproving the report and	132480
recommendations.	132481

(h) Notwithstanding the pendency of the hearing, the	132482
director shall lift the order for the suspension of admissions	132483
when the director determines that the violation that formed the	132484
basis for the order has been corrected.	132485

(G) Neither a person or government agency whose application	132486
for a license to operate a residential facility is denied nor a	132487
related party of the person or government agency may apply for a	132488
license to operate a residential facility before the date that is	132489
one year after the date of the denial. Neither a licensee whose	132490
residential facility license is revoked nor a related party of the	132491
licensee may apply for a residential facility license before the	132492
date that is five years after the date of the revocation.	132493

(H) In accordance with Chapter 119. of the Revised Code, the	132494
director shall adopt and may amend and rescind rules for licensing	132495
and regulating the operation of residential facilities, including	132496
intermediate care facilities for the mentally retarded. The rules	132497
for intermediate care facilities for the mentally retarded may	132498
differ from those for other residential facilities. The rules	132499
shall establish and specify the following:	132500

(1) Procedures and criteria for issuing and renewing	132501
licenses, including procedures and criteria for determining the	132502
length of the licensing period that the director must specify for	132503
each license when it is issued or renewed;	132504

(2) Procedures and criteria for denying, refusing to renew,	132505
terminating, and revoking licenses and for ordering the suspension	132506
of admissions to a facility, placement of a monitor at a facility,	132507
and the immediate removal of residents from a facility;	132508

(3) Fees for issuing and renewing licenses, which shall be	132509
deposited into the program fee fund created under section 5123.033	132510
of the Revised Code;	132511

(4) Procedures for surveying residential facilities;

132512

(5) Requirements for the training of residential facility	132513
personnel;	132514

(6) Classifications for the various types of residential	132515
facilities;	132516

(7) Certification procedures for licensees and management	132517
contractors that the director determines are necessary to ensure	132518
that they have the skills and qualifications to properly operate	132519
or manage residential facilities;	132520

(8) The maximum number of persons who may be served in a	132521
particular type of residential facility;	132522

(9) Uniform procedures for admission of persons to and	132523
transfers and discharges of persons from residential facilities;	132524

(10) Other standards for the operation of residential	132525
facilities and the services provided at residential facilities;	132526

(11) Procedures for waiving any provision of any rule adopted	132527
under this section.	132528

(I) Before issuing a license, the director of the department	132529
or the director's designee shall conduct a survey of the	132530
residential facility for which application is made. The director	132531
or the director's designee shall conduct a survey of each licensed	132532
residential facility at least once during the period the license	132533
is valid and may conduct additional inspections as needed. A	132534
survey includes but is not limited to an on-site examination and	132535
evaluation of the residential facility, its personnel, and the	132536
services provided there.	132537

In conducting surveys, the director or the director's	132538
designee shall be given access to the residential facility; all	132539
records, accounts, and any other documents related to the	132540
operation of the facility; the licensee; the residents of the	132541
facility; and all persons acting on behalf of, under the control	132542
of, or in connection with the licensee. The licensee and all	132543
persons on behalf of, under the control of, or in connection with	132544
the licensee shall cooperate with the director or the director's	132545
designee in conducting the survey.	132546

Following each survey, unless the director initiates a	132547
license revocation proceeding, the director or the director's	132548
designee shall provide the licensee with a report listing any	132549
deficiencies, specifying a timetable within which the licensee	132550
shall submit a plan of correction describing how the deficiencies	132551
will be corrected, and, when appropriate, specifying a timetable	132552
within which the licensee must correct the deficiencies. After a	132553
plan of correction is submitted, the director or the director's	132554
designee shall approve or disapprove the plan. A copy of the	132555
report and any approved plan of correction shall be provided to	132556
any person who requests it.	132557

The director shall initiate disciplinary action against any	132558
department employee who notifies or causes the notification to any	132559
unauthorized person of an unannounced survey of a residential	132560
facility by an authorized representative of the department.	132561

(J) In addition to any other information which may be	132562
required of applicants for a license pursuant to this section, the	132563
director shall require each applicant to provide a copy of an	132564
approved plan for a proposed residential facility pursuant to	132565
section 5123.042 of the Revised Code. This division does not apply	132566
to renewal of a license or to an applicant for an initial or	132567
modified license who meets the requirements of section 5123.193 or	132568
5123.197 of the Revised Code.	132569

(K) A licensee shall notify the owner of the building in	132570
which the licensee's residential facility is located of any	132571
significant change in the identity of the licensee or management	132572
contractor before the effective date of the change if the licensee	132573
is not the owner of the building.	132574

Pursuant to rules which shall be adopted in accordance with	132575
Chapter 119. of the Revised Code, the director may require	132576
notification to the department of any significant change in the	132577
ownership of a residential facility or in the identity of the	132578
licensee or management contractor. If the director determines that	132579
a significant change of ownership is proposed, the director shall	132580
consider the proposed change to be an application for development	132581
by a new operator pursuant to section 5123.042 of the Revised Code	132582
and shall advise the applicant within sixty days of the	132583
notification that the current license shall continue in effect or	132584
a new license will be required pursuant to this section. If the	132585
director requires a new license, the director shall permit the	132586
facility to continue to operate under the current license until	132587
the new license is issued, unless the current license is revoked,	132588
refused to be renewed, or terminated in accordance with Chapter	132589
119. of the Revised Code.	132590

(L) A county board of developmental disabilities~~, the legal~~	132591
~~rights service,~~ and any interested person may file complaints	132592
alleging violations of statute or department rule relating to	132593
residential facilities with the department. All complaints shall	132594
be in writing and shall state the facts constituting the basis of	132595
the allegation. The department shall not reveal the source of any	132596
complaint unless the complainant agrees in writing to waive the	132597
right to confidentiality or until so ordered by a court of	132598
competent jurisdiction.	132599

The department shall adopt rules in accordance with Chapter	132600
119. of the Revised Code establishing procedures for the receipt,	132601
referral, investigation, and disposition of complaints filed with	132602
the department under this division.	132603

(M) The department shall establish procedures for the	132604
notification of interested parties of the transfer or interim care	132605
of residents from residential facilities that are closing or are	132606
losing their license.	132607

(N) Before issuing a license under this section to a	132608
residential facility that will accommodate at any time more than	132609
one mentally retarded or developmentally disabled individual, the	132610
director shall, by first class mail, notify the following:	132611

(1) If the facility will be located in a municipal	132612
corporation, the clerk of the legislative authority of the	132613
municipal corporation;	132614

(2) If the facility will be located in unincorporated	132615
territory, the clerk of the appropriate board of county	132616
commissioners and the fiscal officer of the appropriate board of	132617
township trustees.	132618

The director shall not issue the license for ten days after	132619
mailing the notice, excluding Saturdays, Sundays, and legal	132620
holidays, in order to give the notified local officials time in	132621
which to comment on the proposed issuance.	132622

Any legislative authority of a municipal corporation, board	132623
of county commissioners, or board of township trustees that	132624
receives notice under this division of the proposed issuance of a	132625
license for a residential facility may comment on it in writing to	132626
the director within ten days after the director mailed the notice,	132627
excluding Saturdays, Sundays, and legal holidays. If the director	132628
receives written comments from any notified officials within the	132629
specified time, the director shall make written findings	132630
concerning the comments and the director's decision on the	132631
issuance of the license. If the director does not receive written	132632
comments from any notified local officials within the specified	132633
time, the director shall continue the process for issuance of the	132634
license.	132635

(O) Any person may operate a licensed residential facility	132636
that provides room and board, personal care, habilitation	132637
services, and supervision in a family setting for at least six but	132638
not more than eight persons with mental retardation or a	132639
developmental disability as a permitted use in any residential	132640
district or zone, including any single-family residential district	132641
or zone, of any political subdivision. These residential	132642
facilities may be required to comply with area, height, yard, and	132643
architectural compatibility requirements that are uniformly	132644
imposed upon all single-family residences within the district or	132645
zone.	132646

(P) Any person may operate a licensed residential facility	132647
that provides room and board, personal care, habilitation	132648
services, and supervision in a family setting for at least nine	132649
but not more than sixteen persons with mental retardation or a	132650
developmental disability as a permitted use in any multiple-family	132651
residential district or zone of any political subdivision, except	132652
that a political subdivision that has enacted a zoning ordinance	132653
or resolution establishing planned unit development districts may	132654
exclude these residential facilities from those districts, and a	132655
political subdivision that has enacted a zoning ordinance or	132656
resolution may regulate these residential facilities in	132657
multiple-family residential districts or zones as a conditionally	132658
permitted use or special exception, in either case, under	132659
reasonable and specific standards and conditions set out in the	132660
zoning ordinance or resolution to:	132661

(1) Require the architectural design and site layout of the	132662
residential facility and the location, nature, and height of any	132663
walls, screens, and fences to be compatible with adjoining land	132664
uses and the residential character of the neighborhood;	132665

(2) Require compliance with yard, parking, and sign	132666
regulation;	132667

(3) Limit excessive concentration of these residential	132668
facilities.	132669

(Q) This section does not prohibit a political subdivision	132670
from applying to residential facilities nondiscriminatory	132671
regulations requiring compliance with health, fire, and safety	132672
regulations and building standards and regulations.	132673

(R) Divisions (O) and (P) of this section are not applicable	132674
to municipal corporations that had in effect on June 15, 1977, an	132675
ordinance specifically permitting in residential zones licensed	132676
residential facilities by means of permitted uses, conditional	132677
uses, or special exception, so long as such ordinance remains in	132678
effect without any substantive modification.	132679

(S)(1) The director may issue an interim license to operate a	132680
residential facility to an applicant for a license under this	132681
section if either of the following is the case:	132682

(a) The director determines that an emergency exists	132683
requiring immediate placement of persons in a residential	132684
facility, that insufficient licensed beds are available, and that	132685
the residential facility is likely to receive a permanent license	132686
under this section within thirty days after issuance of the	132687
interim license.	132688

(b) The director determines that the issuance of an interim	132689
license is necessary to meet a temporary need for a residential	132690
facility.	132691

(2) To be eligible to receive an interim license, an	132692
applicant must meet the same criteria that must be met to receive	132693
a permanent license under this section, except for any differing	132694
procedures and time frames that may apply to issuance of a	132695
permanent license.	132696

(3) An interim license shall be valid for thirty days and may	132697
be renewed by the director for a period not to exceed one hundred	132698
fifty days.	132699

(4) The director shall adopt rules in accordance with Chapter	132700
119. of the Revised Code as the director considers necessary to	132701
administer the issuance of interim licenses.	132702

(T) Notwithstanding rules adopted pursuant to this section	132703
establishing the maximum number of persons who may be served in a	132704
particular type of residential facility, a residential facility	132705
shall be permitted to serve the same number of persons being	132706
served by the facility on the effective date of the rules or the	132707
number of persons for which the facility is authorized pursuant to	132708
a current application for a certificate of need with a letter of	132709
support from the department of developmental disabilities and	132710
which is in the review process prior to April 4, 1986.	132711

(U) The director or the director's designee may enter at any	132712
time, for purposes of investigation, any home, facility, or other	132713
structure that has been reported to the director or that the	132714
director has reasonable cause to believe is being operated as a	132715
residential facility without a license issued under this section.	132716

The director may petition the court of common pleas of the	132717
county in which an unlicensed residential facility is located for	132718
an order enjoining the person or governmental agency operating the	132719
facility from continuing to operate without a license. The court	132720
may grant the injunction on a showing that the person or	132721
governmental agency named in the petition is operating a	132722
residential facility without a license. The court may grant the	132723
injunction, regardless of whether the residential facility meets	132724
the requirements for receiving a license under this section.	132725

Sec. 5123.191. (A) The court of common pleas or a judge	132726
thereof in the judge's county, or the probate court, may appoint a	132727
receiver to take possession of and operate a residential facility	132728
licensed by the department of developmental disabilities, in	132729
causes pending in such courts respectively, when conditions	132730
existing at the facility present a substantial risk of physical or	132731
mental harm to residents and no other remedies at law are adequate	132732
to protect the health, safety, and welfare of the residents.	132733
Conditions at the facility that may present such risk of harm	132734
include, but are not limited to, instances when any of the	132735
following occur:	132736

(1) The residential facility is in violation of state or	132737
federal law or regulations.	132738

(2) The facility has had its license revoked or procedures	132739
for revocation have been initiated, or the facility is closing or	132740
intends to cease operations.	132741

(3) Arrangements for relocating residents need to be made.

132742

(4) Insolvency of the operator, licensee, or landowner	132743
threatens the operation of the facility.	132744

(5) The facility or operator has demonstrated a pattern and	132745
practice of repeated violations of state or federal laws or	132746
regulations.	132747

(B) A court in which a petition is filed pursuant to this	132748
section shall notify the person holding the license for the	132749
facility and the department of developmental disabilities of the	132750
filing. The court shall order the department to notify the ~~legal~~	132751
~~rights service,~~ facility owner, facility operator, county board of	132752
developmental disabilities, facility residents, and residents'	132753
parents and guardians of the filing of the petition.	132754

The court shall provide a hearing on the petition within five	132755
court days of the time it was filed, except that the court may	132756
appoint a receiver prior to that time if it determines that the	132757
circumstances necessitate such action. Following a hearing on the	132758
petition, and upon a determination that the appointment of a	132759
receiver is warranted, the court shall appoint a receiver and	132760
notify the department of developmental disabilities and	132761
appropriate persons of this action.	132762

(C) A residential facility for which a receiver has been	132763
named is deemed to be in compliance with section 5123.19 and	132764
Chapter 3721. of the Revised Code for the duration of the	132765
receivership.	132766

(D) When the operating revenue of a residential facility in	132767
receivership is insufficient to meet its operating expenses,	132768
including the cost of bringing the facility into compliance with	132769
state or federal laws or regulations, the court may order the	132770
state to provide necessary funding, except as provided in division	132771
(K) of this section. The state shall provide such funding, subject	132772
to the approval of the controlling board. The court may also order	132773
the appropriate authorities to expedite all inspections necessary	132774
for the issuance of licenses or the certification of a facility,	132775
and order a facility to be closed if it determines that reasonable	132776
efforts cannot bring the facility into substantial compliance with	132777
the law.	132778

(E) In establishing a receivership, the court shall set forth	132779
the powers and duties of the receiver. The court may generally	132780
authorize the receiver to do all that is prudent and necessary to	132781
safely and efficiently operate the residential facility within the	132782
requirements of state and federal law, but shall require the	132783
receiver to obtain court approval prior to making any single	132784
expenditure of more than five thousand dollars to correct	132785
deficiencies in the structure or furnishings of a facility. The	132786
court shall closely review the conduct of the receiver it has	132787
appointed and shall require regular and detailed reports. The	132788
receivership shall be reviewed at least every sixty days.	132789

(F) A receivership established pursuant to this section shall	132790
be terminated, following notification of the appropriate parties	132791
and a hearing, if the court determines either of the following:	132792

(1) The residential facility has been closed and the former	132793
residents have been relocated to an appropriate facility.	132794

(2) Circumstances no longer exist at the facility that	132795
present a substantial risk of physical or mental harm to	132796
residents, and there is no deficiency in the facility that is	132797
likely to create a future risk of harm.	132798

Notwithstanding division (F)(2) of this section, the court	132799
shall not terminate a receivership for a residential facility that	132800
has previously operated under another receivership unless the	132801
responsibility for the operation of the facility is transferred to	132802
an operator approved by the court and the department of	132803
developmental disabilities.	132804

(G) The department of developmental disabilities may, upon	132805
its own initiative or at the request of an owner, operator, or	132806
resident of a residential facility, or at the request of a	132807
resident's guardian or relative,or a county board of	132808
developmental disabilities~~, or the legal rights service~~, petition	132809
the court to appoint a receiver to take possession of and operate	132810
a residential facility. When the department has been requested to	132811
file a petition by any of the parties listed above, it shall,	132812
within forty-eight hours of such request, either file such a	132813
petition or notify the requesting party of its decision not to	132814
file. If the department refuses to file, the requesting party may	132815
file a petition with the court requesting the appointment of a	132816
receiver to take possession of and operate a residential facility.	132817

Petitions filed pursuant to this division shall include the	132818
following:	132819

(1) A description of the specific conditions existing at the	132820
facility which present a substantial risk of physical or mental	132821
harm to residents;	132822

(2) A statement of the absence of other adequate remedies at	132823
law;	132824

(3) The number of individuals residing at the facility;

132825

(4) A statement that the facts have been brought to the	132826
attention of the owner or licensee and that conditions have not	132827
been remedied within a reasonable period of time or that the	132828
conditions, though remedied periodically, habitually exist at the	132829
facility as a pattern or practice;	132830

(5) The name and address of the person holding the license	132831
for the facility and the address of the department of	132832
developmental disabilities.	132833

The court may award to an operator appropriate costs and	132834
expenses, including reasonable attorney's fees, if it determines	132835
that a petitioner has initiated a proceeding in bad faith or	132836
merely for the purpose of harassing or embarrassing the operator.	132837

(H) Except for the department of developmental disabilities	132838
or a county board of developmental disabilities, no party or	132839
person interested in an action shall be appointed a receiver	132840
pursuant to this section.	132841

To assist the court in identifying persons qualified to be	132842
named as receivers, the director of developmental disabilities or	132843
the director's designee shall maintain a list of the names of such	132844
persons. The director shall, in accordance with Chapter 119. of	132845
the Revised Code, establish standards for evaluating persons	132846
desiring to be included on such a list.	132847

(I) Before a receiver enters upon the duties of that person,	132848
the receiver must be sworn to perform the duties of receiver	132849
faithfully, and, with surety approved by the court, judge, or	132850
clerk, execute a bond to such person, and in such sum as the court	132851
or judge directs, to the effect that such receiver will faithfully	132852
discharge the duties of receiver in the action, and obey the	132853
orders of the court therein.	132854

(J) Under the control of the appointing court, a receiver may	132855
bring and defend actions in the receiver's own name as receiver	132856
and take and keep possession of property.	132857

The court shall authorize the receiver to do the following:

132858

(1) Collect payment for all goods and services provided to	132859
the residents or others during the period of the receivership at	132860
the same rate as was charged by the licensee at the time the	132861
petition for receivership was filed, unless a different rate is	132862
set by the court;	132863

(2) Honor all leases, mortgages, and secured transactions	132864
governing all buildings, goods, and fixtures of which the receiver	132865
has taken possession and continues to use, subject to the	132866
following conditions:	132867

(a) In the case of a rental agreement, only to the extent of	132868
payments that are for the use of the property during the period of	132869
the receivership;	132870

(b) In the case of a purchase agreement only to the extent of	132871
payments that come due during the period of the receivership.	132872

(3) If transfer of residents is necessary, provide for the	132873
orderly transfer of residents by doing the following:	132874

(a) Cooperating with all appropriate state and local agencies	132875
in carrying out the transfer of residents to alternative community	132876
placements;	132877

(b) Providing for the transportation of residents' belongings	132878
and records;	132879

(c) Helping to locate alternative placements and develop	132880
discharge plans;	132881

(d) Preparing residents for the trauma of discharge;

132882

(e) Permitting residents or guardians to participate in	132883
transfer or discharge planning except when an emergency exists and	132884
immediate transfer is necessary.	132885

(4) Make periodic reports on the status of the residential	132886
program to the appropriate state agency, county board of	132887
developmental disabilities, parents, guardians, and residents;	132888

(5) Compromise demands or claims;

132889

(6) Generally do such acts respecting the residential	132890
facility as the court authorizes.	132891

(K) Neither the receiver nor the department of developmental	132892
disabilities is liable for debts incurred by the owner or operator	132893
of a residential facility for which a receiver has been appointed.	132894

(L) The department of developmental disabilities may contract	132895
for the operation of a residential facility in receivership. The	132896
department shall establish the conditions of a contract.	132897
Notwithstanding any other provision of law, contracts that are	132898
necessary to carry out the powers and duties of the receiver need	132899
not be competitively bid.	132900

(M) The department of developmental disabilities, the	132901
department of job and family services, and the department of	132902
health shall provide technical assistance to any receiver	132903
appointed pursuant to this section.	132904

Sec. 5123.35. (A) There is hereby created the Ohio	132905
developmental disabilities council, which shall serve as an	132906
advocate for all persons with developmental disabilities. The	132907
council shall act in accordance with the "Developmental	132908
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662	132909
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the	132910
members of the council in accordance with 42 U.S.C. 6024.	132911

(B) The Ohio developmental disabilities council shall develop	132912
the state plan required by federal law as a condition of receiving	132913
federal assistance under 42 U.S.C. 6021 to 6030. The department of	132914
developmental disabilities, as the state agency selected by the	132915
governor for purposes of receiving the federal assistance, shall	132916
receive, account for, and disburse funds based on the state plan	132917
and shall provide assurances and other administrative support	132918
services required as a condition of receiving the federal	132919
assistance.	132920

(C) The federal funds may be disbursed through grants to or	132921
contracts with persons and government agencies for the provision	132922
of necessary or useful goods and services for developmentally	132923
disabled persons. The Ohio developmental disabilities council may	132924
award the grants or enter into the contracts.	132925

(D) The Ohio developmental disabilities council may award	132926
grants to or enter into contracts with a member of the council or	132927
an entity that the member represents if all of the following	132928
apply:	132929

(1) The member serves on the council as a representative of	132930
one of the principal state agencies concerned with services for	132931
persons with developmental disabilities as specified in 42 U.S.C.	132932
6024(b)(3), a representative of a university affiliated program as	132933
defined in 42 U.S.C. 6001(18), or a representative of the ~~legal~~	132934
~~rights service created under~~Ohio protection and advocacy system,	132935
as defined in section 5123.60 of the Revised Code.	132936

(2) The council determines that the member or the entity the	132937
member represents is capable of providing the goods or services	132938
specified under the terms of the grant or contract.	132939

(3) The member has not taken part in any discussion or vote	132940
of the council related to awarding the grant or entering into the	132941
contract, including service as a member of a review panel	132942
established by the council to award grants or enter into contracts	132943
or to make recommendations with regard to awarding grants or	132944
entering into contracts.	132945

(E) A member of the Ohio developmental disabilities council	132946
is not in violation of Chapter 102. or section 2921.42 of the	132947
Revised Code with regard to receiving a grant or entering into a	132948
contract under this section if the requirements of division (D) of	132949
this section have been met.	132950

Sec. 5123.60. (A) As used in this section and section	132951
5123.601 of the Revised Code, "Ohio protection and advocacy	132952
system" means the nonprofit entity designated by the governor in	132953
accordance with H.B. 153 of the 129th general assembly to serve as	132954
the state's protection and advocacy system and client assistance	132955
program.	132956

(B) The Ohio protection and advocacy system shall provide	132957
both of the following:	132958

(1) Advocacy services for people with disabilities, as	132959
provided under section 101 of the "Developmental Disabilities	132960
Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000),	132961
42 U.S.C. 15001;	132962

(2) A client assistance program, as provided under section	132963
112 of the "Workforce Investment Act of 1998," 112 Stat. 1163	132964
(1998), 29 U.S.C. 732, as amended.	132965

(C) The Ohio protection and advocacy system may establish any	132966
guidelines necessary for its operation.	132967

~~Sec. 5123.60.~~ Sec. 5123.601. (A) ~~A legal rights service is hereby~~	132968
~~created and established to protect and advocate the rights of~~	132969
~~mentally ill persons, mentally retarded persons, developmentally~~	132970
~~disabled persons, and other disabled persons who may be~~	132971
~~represented by the service pursuant to division (L) of this~~	132972
~~section; to receive and act upon complaints concerning~~	132973
~~institutional and hospital practices and conditions of~~	132974
~~institutions for mentally retarded or developmentally disabled~~	132975
~~persons and hospitals for the mentally ill; and to assure that all~~	132976
~~persons detained, hospitalized, discharged, or institutionalized,~~	132977
~~and all persons whose detention, hospitalization, discharge, or~~	132978
~~institutionalization is sought or has been sought under this~~	132979
~~chapter or Chapter 5122. of the Revised Code are fully informed of~~	132980
~~their rights and adequately represented by counsel in proceedings~~	132981
~~under this chapter or Chapter 5122. of the Revised Code and in any~~	132982
~~proceedings to secure the rights of those persons. Notwithstanding~~	132983
~~the definitions of "mentally retarded person" and "developmentally~~	132984
~~disabled person" in section 5123.01 of the Revised Code, the legal~~	132985
~~rights service shall determine who is a mentally retarded or~~	132986
~~developmentally disabled person for purposes of this section and~~	132987
~~sections 5123.601 to 5123.604 of the Revised Code.~~	132988

~~(B)(1) In regard to those persons detained, hospitalized, or~~	132989
~~institutionalized under Chapter 5122. of the Revised Code, the~~	132990
~~legal rights service shall undertake formal representation only of~~	132991
~~those persons who are involuntarily detained, hospitalized, or~~	132992
~~institutionalized pursuant to sections 5122.10 to 5122.15 of the~~	132993
~~Revised Code, and those voluntarily detained, hospitalized, or~~	132994
~~institutionalized who are minors, who have been adjudicated~~	132995
~~incompetent, who have been detained, hospitalized, or~~	132996
~~institutionalized in a public hospital, or who have requested~~	132997
~~representation by the legal rights service.~~	132998

~~(2) If a person referred to in division (A) of this section~~	132999
~~voluntarily requests in writing that the legal rights service~~	133000
~~terminate participation in the person's case, such involvement~~	133001
~~shall cease.~~	133002

~~(3) Persons described in divisions (A) and (B)(1) of this~~	133003
~~section who are represented by the legal rights service are~~	133004
~~clients of the legal rights service.~~	133005

~~(C) Any person voluntarily hospitalized or institutionalized~~	133006
~~in a public hospital under division (A) of section 5122.02 of the~~	133007
~~Revised Code, after being fully informed of the person's rights~~	133008
~~under division (A) of this section, may, by written request, waive~~	133009
~~assistance by the legal rights service if the waiver is knowingly~~	133010
~~and intelligently made, without duress or coercion.~~	133011

~~The waiver may be rescinded at any time by the voluntary~~	133012
~~patient or resident, or by the voluntary patient's or resident's~~	133013
~~legal guardian.~~	133014

~~(D)(1) The legal rights service commission is hereby created~~	133015
~~for the purposes of appointing an administrator of the legal~~	133016
~~rights service, advising the administrator, assisting the~~	133017
~~administrator in developing a budget, advising the administrator~~	133018
~~in establishing and annually reviewing a strategic plan, creating~~	133019
~~a procedure for filing and determination of grievances against the~~	133020
~~legal rights service, and establishing general policy guidelines,~~	133021
~~including guidelines for the commencement of litigation, for the~~	133022
~~legal rights service. The commission may adopt rules to carry~~	133023
~~these purposes into effect and may receive and act upon appeals of~~	133024
~~personnel decisions by the administrator.~~	133025

~~(2) The commission shall consist of seven members. One~~	133026
~~member, who shall serve as chairperson, shall be appointed by the~~	133027
~~chief justice of the supreme court, three members shall be~~	133028
~~appointed by the speaker of the house of representatives, and~~	133029
~~three members shall be appointed by the president of the senate.~~	133030
~~At least two members shall have experience in the field of~~	133031
~~developmental disabilities, and at least two members shall have~~	133032
~~experience in the field of mental health. No member shall be a~~	133033
~~provider or related to a provider of services to mentally~~	133034
~~retarded, developmentally disabled, or mentally ill persons.~~	133035

~~(3) Terms of office of the members of the commission shall be~~	133036
~~for three years, each term ending on the same day of the month of~~	133037
~~the year as did the term which it succeeds. Each member shall~~	133038
~~serve subsequent to the expiration of the member's term until a~~	133039
~~successor is appointed and qualifies, or until sixty days has~~	133040
~~elapsed, whichever occurs first. No member shall serve more than~~	133041
~~two consecutive terms.~~	133042

~~All vacancies in the membership of the commission shall be~~	133043
~~filled in the manner prescribed for regular appointments to the~~	133044
~~commission and shall be limited to the unexpired terms.~~	133045

~~(4) The commission shall meet at least four times each year.~~	133046
~~Members shall be reimbursed for their necessary and actual~~	133047
~~expenses incurred in the performance of their official duties.~~	133048

~~(5) The administrator of the legal rights service shall serve~~	133049
~~at the pleasure of the commission.~~	133050

~~The administrator shall be an attorney admitted to practice~~	133051
~~law in this state. The salary of the administrator shall be~~	133052
~~established in accordance with section 124.14 of the Revised Code.~~	133053

~~(E) The legal rights service shall be completely independent~~	133054
~~of the department of mental health and the department of~~	133055
~~developmental disabilities and, notwithstanding section 109.02 of~~	133056
~~the Revised Code, shall also be independent of the office of the~~	133057
~~attorney general.~~ The ~~administrator of the legal rights service,~~	133058
Ohio protection and advocacy system staff, and attorneys	133059
designated by the ~~administrator~~system to represent persons	133060
detained, hospitalized, or institutionalized under this chapter or	133061
Chapter 5122. of the Revised Code shall have ready access to all	133062
of the following:	133063

(1) During normal business hours and at other reasonable	133064
times, all records, except records of community residential	133065
facilities and records of contract agencies of county boards of	133066
developmental disabilities and boards of alcohol, drug addiction,	133067
and mental health services, relating to expenditures of state and	133068
federal funds or to the commitment, care, treatment, and	133069
habilitation of all persons represented by the ~~legal rights~~	133070
~~service~~Ohio protection and advocacy system, including those who	133071
may be represented pursuant to division ~~(L)~~(D) of this section, or	133072
persons detained, hospitalized, institutionalized, or receiving	133073
services under this chapter or Chapter 340., 5119., 5122., or	133074
5126. of the Revised Code that are records maintained by the	133075
following entities providing services for those persons:	133076
departments; institutions; hospitals; boards of alcohol, drug	133077
addiction, and mental health services; county boards of	133078
developmental disabilities; and any other entity providing	133079
services to persons who may be represented by the ~~service~~Ohio	133080
protection and advocacy system pursuant to division ~~(L)~~(D) of this	133081
section;	133082

(2) Any records maintained in computerized data banks of the	133083
departments or boards or, in the case of persons who may be	133084
represented by the ~~service~~Ohio protection and advocacy system	133085
pursuant to division ~~(L)~~(D) of this section, any other entity that	133086
provides services to those persons;	133087

(3) During their normal working hours, personnel of the	133088
departments, facilities, boards, agencies, institutions,	133089
hospitals, and other service-providing entities;	133090

(4) At any time, all persons detained, hospitalized, or	133091
institutionalized; persons receiving services under this chapter	133092
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	133093
persons who may be represented by the ~~service~~Ohio protection and	133094
advocacy system pursuant to division ~~(L)~~(D) of this section.	133095

(5) Records of a community residential facility, a contract	133096
agency of a board of alcohol, drug addiction, and mental health	133097
services, or a contract agency of a county board of developmental	133098
disabilities with one of the following consents:	133099

(a) The consent of the person, including when the person is a	133100
minor or has been adjudicated incompetent;	133101

(b) The consent of the person's guardian of the person, if	133102
any, or the parent if the person is a minor;	133103

(c) No consent, if the person is unable to consent for any	133104
reason, and the guardian of the person, if any, or the parent of	133105
the minor, has refused to consent or has not responded to a	133106
request for consent and either of the following has occurred:	133107

(i) A complaint regarding the person has been received by the	133108
~~legal rights service~~Ohio protection and advocacy system;	133109

(ii) The ~~legal rights service~~Ohio protection and advocacy	133110
system has determined that there is probable cause to believe that	133111
such person has been subjected to abuse or neglect.	133112

~~(F) The administrator of the legal rights service shall do~~	133113
~~the following:~~	133114

~~(1) Administer and organize the work of the legal rights~~	133115
~~service and establish administrative or geographic divisions as~~	133116
~~the administrator considers necessary, proper, and expedient;~~	133117

~~(2) Adopt and promulgate rules that are not in conflict with~~	133118
~~rules adopted by the commission and prescribe duties for the~~	133119
~~efficient conduct of the business and general administration of~~	133120
~~the legal rights service;~~	133121

~~(3) Appoint and discharge employees, and hire experts,~~	133122
~~consultants, advisors, or other professionally qualified persons~~	133123
~~as the administrator considers necessary to carry out the duties~~	133124
~~of the legal rights service;~~	133125

~~(4) Apply for and accept grants of funds, and accept~~	133126
~~charitable gifts and bequests;~~	133127

~~(5) Prepare and submit a budget to the general assembly for~~	133128
~~the operation of the legal rights service. At least thirty days~~	133129
~~prior to submitting the budget to the general assembly, the~~	133130
~~administrator shall provide a copy of the budget to the commission~~	133131
~~for review and comment. When submitting the budget to the general~~	133132
~~assembly, the administrator shall include a copy of any written~~	133133
~~comments returned by the commission to the administrator.~~	133134

~~(6) Enter into contracts and make expenditures necessary for~~	133135
~~the efficient operation of the legal rights service;~~	133136

~~(7) Annually prepare a report of activities and submit copies~~	133137
~~of the report to the governor, the chief justice of the supreme~~	133138
~~court, the president of the senate, the speaker of the house of~~	133139
~~representatives, the director of mental health, and the director~~	133140
~~of developmental disabilities, and make the report available to~~	133141
~~the public;~~	133142

~~(8) Upon request of the commission or of the chairperson of~~	133143
~~the commission, report to the commission on specific litigation~~	133144
~~issues or activities.~~	133145

~~(G)(1) The legal rights service may act directly or contract~~	133146
~~with other organizations or individuals for the provision of the~~	133147
~~services envisioned under this section.~~	133148

~~(2) Whenever possible, the administrator shall attempt to~~	133149
~~facilitate the resolution of complaints through administrative~~	133150
~~channels. Subject to division (G)(3) of this section, if attempts~~	133151
~~at administrative resolution prove unsatisfactory, the~~	133152
~~administrator may pursue any legal, administrative, and other~~	133153
~~appropriate remedies or approaches that may be necessary to~~	133154
~~accomplish the purposes of this section.~~	133155

~~(3) The administrator may not pursue a class action lawsuit~~	133156
~~under division (G)(2) of this section when attempts at~~	133157
~~administrative resolution of a complaint prove unsatisfactory~~	133158
~~under that division unless both of the following have first~~	133159
~~occurred:~~	133160

~~(a) At least four members of the commission, by their~~	133161
~~affirmative vote, have consented to the pursuit of the class~~	133162
~~action lawsuit;~~	133163

~~(b) At least five members of the commission are present at~~	133164
~~the meeting of the commission at which that consent is obtained.~~	133165

~~(4) The class represented in any class action lawsuit brought~~	133166
~~by the legal rights service shall include only persons who are~~	133167
~~mentally ill, mentally retarded, or developmentally disabled.~~	133168

~~(5) If compensation for the work of attorneys employed by the~~	133169
~~legal rights service or another agency or political subdivision of~~	133170
~~the state is awarded to the service in a class action lawsuit~~	133171
~~pursued by the service, the compensation shall be limited to the~~	133172
~~actual hourly rate of pay for that legal work.~~	133173

~~(6)~~(B) All records received or maintained by the ~~legal rights~~	133174
~~service~~Ohio protection and advocacy system in connection with any	133175
investigation, representation, or other activity under this	133176
section shall be confidential and shall not be disclosed except as	133177
authorized by the person represented by the ~~legal rights service~~	133178
Ohio protection and advocacy system or, subject to any privilege,	133179
a guardian of the person or parent of the minor. ~~Subject to~~	133180
~~division (G)(5) of this section, relationships~~Relationships	133181
between personnel and the agents of the ~~legal rights service~~Ohio	133182
protection and advocacy system and its clients shall be fiduciary	133183
relationships, and all communications shall be privileged as if	133184
between attorney and client.	133185

~~(7) Any person who has been represented by the legal rights~~	133186
~~service or who has applied for and been denied representation and~~	133187
~~who files a grievance with the service concerning the~~	133188
~~representation or application may appeal the decision of the~~	133189
~~service on the grievance to the commission. The person may appeal~~	133190
~~notwithstanding any objections of the person's legal guardian. The~~	133191
~~commission may examine any records relevant to the appeal and~~	133192
~~shall maintain the confidentiality of any records that are~~	133193
~~required to be kept confidential.~~	133194

~~(H)~~(C) The ~~legal rights service, on the order of the~~	133195
~~administrator, with the approval by an affirmative vote of at~~	133196
~~least four members of the commission,~~Ohio protection and advocacy	133197
system may compel by subpoena the appearance and sworn testimony	133198
of any person the ~~administrator~~Ohio protection and advocacy	133199
system reasonably believes may be able to provide information or	133200
to produce any documents, books, records, papers, or other	133201
information necessary to carry out its duties. On the refusal of	133202
any person to produce or authenticate any requested documents, the	133203
~~legal rights service~~Ohio protection and advocacy system may apply	133204
to the Franklin county court of common pleas to compel the	133205
production or authentication of requested documents. If the court	133206
finds that failure to produce or authenticate any requested	133207
documents was improper, the court may hold the person in contempt	133208
as in the case of disobedience of the requirements of a subpoena	133209
issued from the court, or a refusal to testify in the court.	133210

~~(I) The legal rights service may conduct public hearings.~~

133211

~~(J) The legal rights service may request from any~~	133212
~~governmental agency any cooperation, assistance, services, or data~~	133213
~~that will enable it to perform its duties.~~	133214

~~(K) In any malpractice action filed against the administrator~~	133215
~~of the legal rights service, a member of the staff of the legal~~	133216
~~rights service, or an attorney designated by the administrator to~~	133217
~~perform legal services under division (E) of this section, the~~	133218
~~state shall, when the administrator, member, or attorney has acted~~	133219
~~in good faith and in the scope of employment, indemnify the~~	133220
~~administrator, member, or attorney for any judgment awarded or~~	133221
~~amount negotiated in settlement, and for any court costs or legal~~	133222
~~fees incurred in defense of the claim.~~	133223

~~This division does not limit or waive, and shall not be~~	133224
~~construed to limit or waive, any defense that is available to the~~	133225
~~legal rights service, its administrator or employees, persons~~	133226
~~under a personal services contract with it, or persons designated~~	133227
~~under division (E) of this section, including, but not limited to,~~	133228
~~any defense available under section 9.86 of the Revised Code.~~	133229

~~(L)~~(D) In addition to providing services to mentally ill,	133230
mentally retarded, or developmentally disabled persons, when a	133231
grant authorizing the provision of services to other individuals	133232
is accepted ~~pursuant to division (F)(4) of this section~~by the	133233
Ohio protection and advocacy system, the ~~legal rights service and~~	133234
~~its ombudsperson section~~Ohio protection and advocacy system may	133235
provide advocacy ~~or ombudsperson services~~ to those other	133236
individuals and exercise any other authority granted by this	133237
section ~~or sections 5123.601 to 5123.604 of the Revised Code~~ on	133238
behalf of those individuals. Determinations of whether an	133239
individual is eligible for services under this division shall be	133240
made by the ~~legal rights service~~Ohio protection and advocacy	133241
system.	133242

Sec. 5123.602. (A) The class represented in any class action	133243
lawsuit brought by the Ohio protection and advocacy system shall	133244
include only persons who are mentally ill, mentally retarded, or	133245
developmentally disabled.	133246

(B) If compensation for the work of attorneys employed by the	133247
Ohio protection and advocacy system or an agency or political	133248
subdivision of the state is awarded to the system in a class	133249
action lawsuit pursued by the system, the compensation shall be	133250
limited to the actual hourly rate of pay for that legal work.	133251

Sec. 5123.61. (A) As used in this section:

133252

(1) "Law enforcement agency" means the state highway patrol,	133253
the police department of a municipal corporation, or a county	133254
sheriff.	133255

(2) "Abuse" has the same meaning as in section 5123.50 of the	133256
Revised Code, except that it includes a misappropriation, as	133257
defined in that section.	133258

(3) "Neglect" has the same meaning as in section 5123.50 of	133259
the Revised Code.	133260

(B) The department of developmental disabilities shall	133261
establish a registry office for the purpose of maintaining reports	133262
of abuse, neglect, and other major unusual incidents made to the	133263
department under this section and reports received from county	133264
boards of developmental disabilities under section 5126.31 of the	133265
Revised Code. The department shall establish committees to review	133266
reports of abuse, neglect, and other major unusual incidents.	133267

(C)(1) Any person listed in division (C)(2) of this section,	133268
having reason to believe that a person with mental retardation or	133269
a developmental disability has suffered or faces a substantial	133270
risk of suffering any wound, injury, disability, or condition of	133271
such a nature as to reasonably indicate abuse or neglect of that	133272
person, shall immediately report or cause reports to be made of	133273
such information to the entity specified in this division. Except	133274
as provided in section 5120.173 of the Revised Code or as	133275
otherwise provided in this division, the person making the report	133276
shall make it to a law enforcement agency or to the county board	133277
of developmental disabilities. If the report concerns a resident	133278
of a facility operated by the department of developmental	133279
disabilities the report shall be made either to a law enforcement	133280
agency or to the department. If the report concerns any act or	133281
omission of an employee of a county board of developmental	133282
disabilities, the report immediately shall be made to the	133283
department and to the county board.	133284

(2) All of the following persons are required to make a	133285
report under division (C)(1) of this section:	133286

(a) Any physician, including a hospital intern or resident,	133287
any dentist, podiatrist, chiropractor, practitioner of a limited	133288
branch of medicine as specified in section 4731.15 of the Revised	133289
Code, hospital administrator or employee of a hospital, nurse	133290
licensed under Chapter 4723. of the Revised Code, employee of an	133291
ambulatory health facility as defined in section 5101.61 of the	133292
Revised Code, employee of a home health agency, employee of an	133293
adult care facility licensed under Chapter 3722. of the Revised	133294
Code, or employee of a community mental health facility;	133295

(b) Any school teacher or school authority, social worker,	133296
psychologist, attorney, peace officer, coroner, or residents'	133297
rights advocate as defined in section 3721.10 of the Revised Code;	133298

(c) A superintendent, board member, or employee of a county	133299
board of developmental disabilities; an administrator, board	133300
member, or employee of a residential facility licensed under	133301
section 5123.19 of the Revised Code; an administrator, board	133302
member, or employee of any other public or private provider of	133303
services to a person with mental retardation or a developmental	133304
disability, or any MR/DD employee, as defined in section 5123.50	133305
of the Revised Code;	133306

(d) A member of a citizen's advisory council established at	133307
an institution or branch institution of the department of	133308
developmental disabilities under section 5123.092 of the Revised	133309
Code;	133310

(e) A clergyman who is employed in a position that includes	133311
providing specialized services to an individual with mental	133312
retardation or another developmental disability, while acting in	133313
an official or professional capacity in that position, or a person	133314
who is employed in a position that includes providing specialized	133315
services to an individual with mental retardation or another	133316
developmental disability and who, while acting in an official or	133317
professional capacity, renders spiritual treatment through prayer	133318
in accordance with the tenets of an organized religion.	133319

(3)(a) The reporting requirements of this division do not	133320
apply to ~~members of the legal rights service commission or to~~	133321
employees of the ~~legal rights service~~Ohio protection and advocacy	133322
system.	133323

(b) An attorney or physician is not required to make a report	133324
pursuant to division (C)(1) of this section concerning any	133325
communication the attorney or physician receives from a client or	133326
patient in an attorney-client or physician-patient relationship,	133327
if, in accordance with division (A) or (B) of section 2317.02 of	133328
the Revised Code, the attorney or physician could not testify with	133329
respect to that communication in a civil or criminal proceeding,	133330
except that the client or patient is deemed to have waived any	133331
testimonial privilege under division (A) or (B) of section 2317.02	133332
of the Revised Code with respect to that communication and the	133333
attorney or physician shall make a report pursuant to division	133334
(C)(1) of this section, if both of the following apply:	133335

(i) The client or patient, at the time of the communication,	133336
is a person with mental retardation or a developmental disability.	133337

(ii) The attorney or physician knows or suspects, as a result	133338
of the communication or any observations made during that	133339
communication, that the client or patient has suffered or faces a	133340
substantial risk of suffering any wound, injury, disability, or	133341
condition of a nature that reasonably indicates abuse or neglect	133342
of the client or patient.	133343

(4) Any person who fails to make a report required under	133344
division (C) of this section and who is an MR/DD employee, as	133345
defined in section 5123.50 of the Revised Code, shall be eligible	133346
to be included in the registry regarding misappropriation, abuse,	133347
neglect, or other specified misconduct by MR/DD employees	133348
established under section 5123.52 of the Revised Code.	133349

(D) The reports required under division (C) of this section	133350
shall be made forthwith by telephone or in person and shall be	133351
followed by a written report. The reports shall contain the	133352
following:	133353

(1) The names and addresses of the person with mental	133354
retardation or a developmental disability and the person's	133355
custodian, if known;	133356

(2) The age of the person with mental retardation or a	133357
developmental disability;	133358

(3) Any other information that would assist in the	133359
investigation of the report.	133360

(E) When a physician performing services as a member of the	133361
staff of a hospital or similar institution has reason to believe	133362
that a person with mental retardation or a developmental	133363
disability has suffered injury, abuse, or physical neglect, the	133364
physician shall notify the person in charge of the institution or	133365
that person's designated delegate, who shall make the necessary	133366
reports.	133367

(F) Any person having reasonable cause to believe that a	133368
person with mental retardation or a developmental disability has	133369
suffered or faces a substantial risk of suffering abuse or neglect	133370
may report or cause a report to be made of that belief to the	133371
entity specified in this division. Except as provided in section	133372
5120.173 of the Revised Code or as otherwise provided in this	133373
division, the person making the report shall make it to a law	133374
enforcement agency or the county board of developmental	133375
disabilities. If the person is a resident of a facility operated	133376
by the department of developmental disabilities, the report shall	133377
be made to a law enforcement agency or to the department. If the	133378
report concerns any act or omission of an employee of a county	133379
board of developmental disabilities, the report immediately shall	133380
be made to the department and to the county board.	133381

(G)(1) Upon the receipt of a report concerning the possible	133382
abuse or neglect of a person with mental retardation or a	133383
developmental disability, the law enforcement agency shall inform	133384
the county board of developmental disabilities or, if the person	133385
is a resident of a facility operated by the department of	133386
developmental disabilities, the director of the department or the	133387
director's designee.	133388

(2) On receipt of a report under this section that includes	133389
an allegation of action or inaction that may constitute a crime	133390
under federal law or the law of this state, the department of	133391
developmental disabilities shall notify the law enforcement	133392
agency.	133393

(3) When a county board of developmental disabilities	133394
receives a report under this section that includes an allegation	133395
of action or inaction that may constitute a crime under federal	133396
law or the law of this state, the superintendent of the board or	133397
an individual the superintendent designates under division (H) of	133398
this section shall notify the law enforcement agency. The	133399
superintendent or individual shall notify the department of	133400
developmental disabilities when it receives any report under this	133401
section.	133402

(4) When a county board of developmental disabilities	133403
receives a report under this section and believes that the degree	133404
of risk to the person is such that the report is an emergency, the	133405
superintendent of the board or an employee of the board the	133406
superintendent designates shall attempt a face-to-face contact	133407
with the person with mental retardation or a developmental	133408
disability who allegedly is the victim within one hour of the	133409
board's receipt of the report.	133410

(H) The superintendent of the board may designate an	133411
individual to be responsible for notifying the law enforcement	133412
agency and the department when the county board receives a report	133413
under this section.	133414

(I) An adult with mental retardation or a developmental	133415
disability about whom a report is made may be removed from the	133416
adult's place of residence only by law enforcement officers who	133417
consider that the adult's immediate removal is essential to	133418
protect the adult from further injury or abuse or in accordance	133419
with the order of a court made pursuant to section 5126.33 of the	133420
Revised Code.	133421

(J) A law enforcement agency shall investigate each report of	133422
abuse or neglect it receives under this section. In addition, the	133423
department, in cooperation with law enforcement officials, shall	133424
investigate each report regarding a resident of a facility	133425
operated by the department to determine the circumstances	133426
surrounding the injury, the cause of the injury, and the person	133427
responsible. The investigation shall be in accordance with the	133428
memorandum of understanding prepared under section 5126.058 of the	133429
Revised Code. The department shall determine, with the registry	133430
office which shall be maintained by the department, whether prior	133431
reports have been made concerning an adult with mental retardation	133432
or a developmental disability or other principals in the case. If	133433
the department finds that the report involves action or inaction	133434
that may constitute a crime under federal law or the law of this	133435
state, it shall submit a report of its investigation, in writing,	133436
to the law enforcement agency. If the person with mental	133437
retardation or a developmental disability is an adult, with the	133438
consent of the adult, the department shall provide such protective	133439
services as are necessary to protect the adult. The law	133440
enforcement agency shall make a written report of its findings to	133441
the department.	133442

If the person is an adult and is not a resident of a facility	133443
operated by the department, the county board of developmental	133444
disabilities shall review the report of abuse or neglect in	133445
accordance with sections 5126.30 to 5126.33 of the Revised Code	133446
and the law enforcement agency shall make the written report of	133447
its findings to the county board.	133448

(K) Any person or any hospital, institution, school, health	133449
department, or agency participating in the making of reports	133450
pursuant to this section, any person participating as a witness in	133451
an administrative or judicial proceeding resulting from the	133452
reports, or any person or governmental entity that discharges	133453
responsibilities under sections 5126.31 to 5126.33 of the Revised	133454
Code shall be immune from any civil or criminal liability that	133455
might otherwise be incurred or imposed as a result of such actions	133456
except liability for perjury, unless the person or governmental	133457
entity has acted in bad faith or with malicious purpose.	133458

(L) No employer or any person with the authority to do so	133459
shall discharge, demote, transfer, prepare a negative work	133460
performance evaluation, reduce pay or benefits, terminate work	133461
privileges, or take any other action detrimental to an employee or	133462
retaliate against an employee as a result of the employee's having	133463
made a report under this section. This division does not preclude	133464
an employer or person with authority from taking action with	133465
regard to an employee who has made a report under this section if	133466
there is another reasonable basis for the action.	133467

(M) Reports made under this section are not public records as	133468
defined in section 149.43 of the Revised Code. Information	133469
contained in the reports on request shall be made available to the	133470
person who is the subject of the report, to the person's legal	133471
counsel, and to agencies authorized to receive information in the	133472
report by the department or by a county board of developmental	133473
disabilities.	133474

(N) Notwithstanding section 4731.22 of the Revised Code, the	133475
physician-patient privilege shall not be a ground for excluding	133476
evidence regarding the injuries or physical neglect of a person	133477
with mental retardation or a developmental disability or the cause	133478
thereof in any judicial proceeding resulting from a report	133479
submitted pursuant to this section.	133480

Sec. 5123.63. Every state agency, county board of	133481
developmental disabilities, or political subdivision that provides	133482
services, either directly or through a contract, to persons with	133483
mental retardation or a developmental disability shall give each	133484
provider a copy of the list of rights contained in section 5123.62	133485
of the Revised Code. Each public and private provider of services	133486
shall carry out the requirements of this section in addition to	133487
any other posting or notification requirements imposed by local,	133488
state, or federal law or rules.	133489

The provider shall make copies of the list of rights and	133490
shall be responsible for an initial distribution of the list to	133491
each individual receiving services from the provider. If the	133492
individual is unable to read the list, the provider shall	133493
communicate the contents of the list to the individual to the	133494
extent practicable in a manner that the individual understands.	133495
The individual receiving services or the parent, guardian, or	133496
advocate of the individual shall sign an acknowledgement of	133497
receipt of a copy of the list of rights, and a copy of the signed	133498
acknowledgement shall be placed in the individual's file. The	133499
provider shall also be responsible for answering any questions and	133500
giving any explanations necessary to assist the individual to	133501
understand the rights enumerated. Instruction in these rights	133502
shall be documented.	133503

Each provider shall make available to all persons receiving	133504
services and all employees and visitors a copy of the list of	133505
rights and the addresses and telephone numbers of the ~~legal rights~~	133506
~~service~~Ohio protection and advocacy system, the department of	133507
developmental disabilities, and the county board of developmental	133508
disabilities of the county in which the provider provides	133509
services.	133510

Sec. 5123.64. (A) Every provider of services to persons with	133511
mental retardation or a developmental disability shall establish	133512
policies and programs to ensure that all staff members are	133513
familiar with the rights enumerated in section 5123.62 of the	133514
Revised Code and observe those rights in their contacts with	133515
persons receiving services. Any policy, procedure, or rule of the	133516
provider that conflicts with any of the rights enumerated shall be	133517
null and void. Every provider shall establish written procedures	133518
for resolving complaints of violations of those rights. A copy of	133519
the procedures shall be provided to any person receiving services	133520
or to any parent, guardian, or advocate of a person receiving	133521
services.	133522

(B) Any person with mental retardation or a developmental	133523
disability who believes that the person's rights as enumerated in	133524
section 5123.62 of the Revised Code have been violated may:	133525

(1) Bring the violation to the attention of the provider for	133526
resolution;	133527

(2) Report the violation to the department of developmental	133528
disabilities, the ~~ombudsperson section of the legal rights service~~	133529
Ohio protection and advocacy system, or the appropriate county	133530
board of developmental disabilities;	133531

(3) Take any other appropriate action to ensure compliance	133532
with sections ~~5123.60~~5123.61 to 5123.64 of the Revised Code,	133533
including the filing of a legal action to enforce rights or to	133534
recover damages for violation of rights.	133535

Sec. 5123.69. (A) Except as provided in division ~~(E)~~(D) of	133536
this section, any person who is eighteen years of age or older and	133537
who is or believes self to be mentally retarded may make written	133538
application to the managing officer of any institution for	133539
voluntary admission. Except as provided in division ~~(E)~~(D) of this	133540
section, the application may be made on behalf of a minor by a	133541
parent or guardian, and on behalf of an adult adjudicated mentally	133542
incompetent by a guardian.	133543

(B) The managing officer of an institution, with the	133544
concurrence of the chief program director, may admit a person	133545
applying pursuant to this section only after a comprehensive	133546
evaluation has been made of the person and only if the	133547
comprehensive evaluation concludes that the person is mentally	133548
retarded and would benefit significantly from admission.	133549

(C) ~~If application for voluntary admission of a minor or of a~~	133550
~~person adjudicated mentally incompetent is made by the parent or~~	133551
~~guardian of the minor or by the guardian of an incompetent and the~~	133552
~~minor or incompetent is admitted, the probate division of the~~	133553
~~court of common pleas shall determine, upon petition by the legal~~	133554
~~rights service, whether the voluntary admission or continued~~	133555
~~institutionalization is in the best interest of the minor or~~	133556
~~incompetent.~~	133557

~~(D)~~ The managing officer shall discharge any voluntary	133558
resident if, in the judgment of the chief program director, the	133559
results of a comprehensive examination indicate that	133560
institutionalization no longer is advisable. In light of the	133561
results of the comprehensive evaluation, the managing officer also	133562
may discharge any voluntary resident if, in the judgment of the	133563
chief program director, the discharge would contribute to the most	133564
effective use of the institution in the habilitation and care of	133565
the mentally retarded.	133566

~~(E)~~(D) A person who is found incompetent to stand trial or	133567
not guilty by reason of insanity and who is committed pursuant to	133568
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	133569
Code shall not voluntarily commit self pursuant to this section	133570
until after the final termination of the commitment, as described	133571
in division (J) of section 2945.401 of the Revised Code.	133572

Sec. 5123.701. (A) Except as provided in division ~~(E)~~(D) of	133573
this section, any person in the community who is eighteen years of	133574
age or older and who is or believes self to be mentally retarded	133575
may make written application to the managing officer of any	133576
institution for temporary admission for short-term care. The	133577
application may be made on behalf of a minor by a parent or	133578
guardian, and on behalf of an adult adjudicated mentally	133579
incompetent by a guardian.	133580

(B) For purposes of this section, short-term care shall be	133581
defined to mean appropriate services provided to a person with	133582
mental retardation for no more than fourteen consecutive days and	133583
for no more than forty-two days in a fiscal year. When	133584
circumstances warrant, the fourteen-day period may be extended at	133585
the discretion of the managing officer. Short-term care is	133586
provided in a developmental center to meet the family's or	133587
caretaker's needs for separation from the person with mental	133588
retardation.	133589

(C) The managing officer of an institution, with the	133590
concurrence of the chief program director, may admit a person for	133591
short-term care only after a medical examination has been made of	133592
the person and only if the managing officer concludes that the	133593
person is mentally retarded.	133594

(D) ~~If application for admission for short-term care of a~~	133595
~~minor or of a person adjudicated mentally incompetent is made by~~	133596
~~the minor's parent or guardian or by the incompetent's guardian~~	133597
~~and the minor or incompetent is admitted, the probate division of~~	133598
~~the court of common pleas shall determine, upon petition by the~~	133599
~~legal rights service, whether the admission for short-term care is~~	133600
~~in the best interest of the minor or the incompetent.~~	133601

~~(E)~~ A person who is found not guilty by reason of insanity	133602
shall not admit self to an institution for short-term care unless	133603
a hearing was held regarding the person pursuant to division (A)	133604
of section 2945.40 of the Revised Code and either of the following	133605
applies:	133606

(1) The person was found at the hearing not to be a mentally	133607
retarded person subject to institutionalization by court order;	133608

(2) The person was found at the hearing to be a mentally	133609
retarded person subject to institutionalization by court order,	133610
was involuntarily committed, and was finally discharged.	133611

~~(F)~~(E) The mentally retarded person, liable relatives, and	133612
guardians of mentally retarded persons admitted for respite care	133613
shall pay support charges in accordance with sections 5121.01 to	133614
5121.21 of the Revised Code.	133615

~~(G)~~(F) At the conclusion of each period of short-term care,	133616
the person shall return to the person's family or caretaker. Under	133617
no circumstances shall a person admitted for short-term care	133618
according to this section remain in the institution after the	133619
period of short-term care unless the person is admitted according	133620
to section 5123.70, sections 5123.71 to 5123.76, or section	133621
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	133622
Code.	133623

Sec. 5123.86. (A) Except as provided in divisions (C), (D),	133624
(E), and (F) of this section, the chief medical officer shall	133625
provide all information, including expected physical and medical	133626
consequences, necessary to enable any resident of an institution	133627
for the mentally retarded to give a fully informed, intelligent,	133628
and knowing consent if any of the following procedures are	133629
proposed:	133630

(1) Surgery;

133631

(2) Convulsive therapy;

133632

(3) Major aversive interventions;

133633

(4) Sterilization;

133634

(5) Experimental procedures;

133635

(6) Any unusual or hazardous treatment procedures.

133636

(B) No resident shall be subjected to any of the procedures	133637
listed in division (A)(4), (5), or (6) of this section without the	133638
resident's informed consent.	133639

(C) If a resident is physically or mentally unable to receive	133640
the information required for surgery under division (A)(1) of this	133641
section, or has been adjudicated incompetent, the information may	133642
be provided to the resident's natural or court-appointed guardian,	133643
including an agency providing guardianship services under contract	133644
with the department of developmental disabilities under sections	133645
5123.55 to 5123.59 of the Revised Code, who may give the informed,	133646
intelligent, and knowing written consent for surgery. Consent for	133647
surgery shall not be provided by a guardian who is an officer or	133648
employee of the department of mental health or the department of	133649
developmental disabilities.	133650

If a resident is physically or mentally unable to receive the	133651
information required for surgery under division (A)(1) of this	133652
section and has no guardian, then the information, the	133653
recommendation of the chief medical officer, and the concurring	133654
judgment of a licensed physician who is not a full-time employee	133655
of the state may be provided to the court in the county in which	133656
the institution is located, which may approve the surgery. Before	133657
approving the surgery, the court shall notify the ~~legal rights~~	133658
~~service~~Ohio protection and advocacy system created by section	133659
5123.60 of the Revised Code, and shall notify the resident of the	133660
resident's rights to consult with counsel, to have counsel	133661
appointed by the court if the resident is indigent, and to contest	133662
the recommendation of the chief medical officer.	133663

(D) If, in the judgment of two licensed physicians, delay in	133664
obtaining consent for surgery would create a grave danger to the	133665
health of a resident, emergency surgery may be performed without	133666
the consent of the resident if the necessary information is	133667
provided to the resident's guardian, including an agency providing	133668
guardianship services under contract with the department of	133669
developmental disabilities under sections 5123.55 to 5123.59 of	133670
the Revised Code, or to the resident's spouse or next of kin to	133671
enable that person or agency to give an informed, intelligent, and	133672
knowing written consent.	133673

If the guardian, spouse, or next of kin cannot be contacted	133674
through exercise of reasonable diligence, or if the guardian,	133675
spouse, or next of kin is contacted, but refuses to consent, then	133676
the emergency surgery may be performed upon the written	133677
authorization of the chief medical officer and after court	133678
approval has been obtained. However, if delay in obtaining court	133679
approval would create a grave danger to the life of the resident,	133680
the chief medical officer may authorize surgery, in writing,	133681
without court approval. If the surgery is authorized without court	133682
approval, the chief medical officer who made the authorization and	133683
the physician who performed the surgery shall each execute an	133684
affidavit describing the circumstances constituting the emergency	133685
and warranting the surgery and the circumstances warranting their	133686
not obtaining prior court approval. The affidavit shall be filed	133687
with the court with which the request for prior approval would	133688
have been filed within five court days after the surgery, and a	133689
copy of the affidavit shall be placed in the resident's file and	133690
shall be given to the guardian, spouse, or next of kin of the	133691
resident, to the hospital at which the surgery was performed, and	133692
to the ~~legal rights service~~Ohio protection and advocacy system	133693
created by section 5123.60 of the Revised Code.	133694

(E)(1) If it is the judgment of two licensed physicians, as	133695
described in division (E)(2) of this section, that a medical	133696
emergency exists and delay in obtaining convulsive therapy creates	133697
a grave danger to the life of a resident who is both mentally	133698
retarded and mentally ill, convulsive therapy may be administered	133699
without the consent of the resident if the resident is physically	133700
or mentally unable to receive the information required for	133701
convulsive therapy and if the necessary information is provided to	133702
the resident's natural or court-appointed guardian, including an	133703
agency providing guardianship services under contract with the	133704
department of developmental disabilities under sections 5123.55 to	133705
5123.59 of the Revised Code, or to the resident's spouse or next	133706
of kin to enable that person or agency to give an informed,	133707
intelligent, and knowing written consent. If neither the	133708
resident's guardian, spouse, nor next of kin can be contacted	133709
through exercise of reasonable diligence, or if the guardian,	133710
spouse, or next of kin is contacted, but refuses to consent, then	133711
convulsive therapy may be performed upon the written authorization	133712
of the chief medical officer and after court approval has been	133713
obtained.	133714

(2) The two licensed physicians referred to in division	133715
(E)(1) of this section shall not be associated with each other in	133716
the practice of medicine or surgery by means of a partnership or	133717
corporate arrangement, other business arrangement, or employment.	133718
At least one of the physicians shall be a psychiatrist as defined	133719
in division (E) of section 5122.01 of the Revised Code.	133720

(F) Major aversive interventions shall not be used unless a	133721
resident continues to engage in behavior destructive to self or	133722
others after other forms of therapy have been attempted. ~~The~~	133723
~~director of the legal rights service created by section 5123.60 of~~	133724
~~the Revised Code shall be notified of any proposed major aversive~~	133725
~~intervention.~~ Major aversive interventions shall not be applied to	133726
a voluntary resident without the informed, intelligent, and	133727
knowing written consent of the resident or the resident's	133728
guardian, including an agency providing guardianship services	133729
under contract with the department of developmental disabilities	133730
under sections 5123.55 to 5123.59 of the Revised Code.	133731

(G)(1) This chapter does not authorize any form of compulsory	133732
medical or psychiatric treatment of any resident who is being	133733
treated by spiritual means through prayer alone in accordance with	133734
a recognized religious method of healing.	133735

(2) For purposes of this section, "convulsive therapy" does	133736
not include defibrillation.	133737

Sec. 5123.99. (A) Whoever violates section 5123.16 or	133738
5123.20 of the Revised Code is guilty of a misdemeanor of the	133739
first degree.	133740

(B) Whoever violates division (C), (E), or (G)(3) of section	133741
5123.61 of the Revised Code is guilty of a misdemeanor of the	133742
fourth degree or, if the abuse or neglect constitutes a felony, a	133743
misdemeanor of the second degree. In addition to any other	133744
sanction or penalty authorized or required by law, if a person who	133745
is convicted of or pleads guilty to a violation of division (C),	133746
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	133747
employee, as defined in section 5123.50 of the Revised Code, the	133748
offender shall be eligible to be included in the registry	133749
regarding misappropriation, abuse, neglect, or other specified	133750
misconduct by MR/DD employees established under section 5123.52 of	133751
the Revised Code.	133752

~~(C) Whoever violates division (A) of section 5123.604 of the~~	133753
~~Revised Code is guilty of a misdemeanor of the second degree.~~	133754

~~(D) Whoever violates division (B) of section 5123.604 of the~~	133755
~~Revised Code shall be fined not more than one thousand dollars.~~	133756
~~Each violation constitutes a separate offense.~~	133757

Sec. 5126.33. (A) A county board of developmental	133758
disabilities may file a complaint with the probate court of the	133759
county in which an adult with mental retardation or a	133760
developmental disability resides for an order authorizing the	133761
board to arrange services described in division (C) of section	133762
5126.31 of the Revised Code for that adult if the adult is	133763
eligible to receive services or support under section 5126.041 of	133764
the Revised Code and the board has been unable to secure consent.	133765
The complaint shall include:	133766

(1) The name, age, and address of the adult;

133767

(2) Facts describing the nature of the abuse, neglect, or	133768
exploitation and supporting the board's belief that services are	133769
needed;	133770

(3) The types of services proposed by the board, as set forth	133771
in the protective service plan described in division (J) of	133772
section 5126.30 of the Revised Code and filed with the complaint;	133773

(4) Facts showing the board's attempts to obtain the consent	133774
of the adult or the adult's guardian to the services.	133775

(B) The board shall give the adult notice of the filing of	133776
the complaint and in simple and clear language shall inform the	133777
adult of the adult's rights in the hearing under division (C) of	133778
this section and explain the consequences of a court order. This	133779
notice shall be personally served upon all parties, and also shall	133780
be given to the adult's legal counsel, if any~~, and the legal~~	133781
~~rights service~~. The notice shall be given at least twenty-four	133782
hours prior to the hearing, although the court may waive this	133783
requirement upon a showing that there is a substantial risk that	133784
the adult will suffer immediate physical harm in the twenty-four	133785
hour period and that the board has made reasonable attempts to	133786
give the notice required by this division.	133787

(C) Upon the filing of a complaint for an order under this	133788
section, the court shall hold a hearing at least twenty-four hours	133789
and no later than seventy-two hours after the notice under	133790
division (B) of this section has been given unless the court has	133791
waived the notice. All parties shall have the right to be present	133792
at the hearing, present evidence, and examine and cross-examine	133793
witnesses. The Ohio Rules of Evidence shall apply to a hearing	133794
conducted pursuant to this division. The adult shall be	133795
represented by counsel unless the court finds that the adult has	133796
made a voluntary, informed, and knowing waiver of the right to	133797
counsel. If the adult is indigent, the court shall appoint counsel	133798
to represent the adult. The board shall be represented by the	133799
county prosecutor or an attorney designated by the board.	133800

(D)(1) The court shall issue an order authorizing the board	133801
to arrange the protective services if it finds, on the basis of	133802
clear and convincing evidence, all of the following:	133803

(a) The adult has been abused, neglected, or exploited;

133804

(b) The adult is incapacitated;

133805

(c) There is a substantial risk to the adult of immediate	133806
physical harm or death;	133807

(d) The adult is in need of the services;

133808

(e) No person authorized by law or court order to give	133809
consent for the adult is available or willing to consent to the	133810
services.	133811

(2) The board shall develop a detailed protective service	133812
plan describing the services that the board will provide, or	133813
arrange for the provision of, to the adult to prevent further	133814
abuse, neglect, or exploitation. The board shall submit the plan	133815
to the court for approval. The protective service plan may be	133816
changed only by court order.	133817

(3) In formulating the order, the court shall consider the	133818
individual protective service plan and shall specifically	133819
designate the services that are necessary to deal with the abuse,	133820
neglect, or exploitation or condition resulting from abuse,	133821
neglect, or exploitation and that are available locally, and	133822
authorize the board to arrange for these services only. The court	133823
shall limit the provision of these services to a period not	133824
exceeding six months, renewable for an additional six-month period	133825
on a showing by the board that continuation of the order is	133826
necessary.	133827

(E) If the court finds that all other options for meeting the	133828
adult's needs have been exhausted, it may order that the adult be	133829
removed from the adult's place of residence and placed in another	133830
residential setting. Before issuing that order, the court shall	133831
consider the adult's choice of residence and shall determine that	133832
the new residential setting is the least restrictive alternative	133833
available for meeting the adult's needs and is a place where the	133834
adult can obtain the necessary requirements for daily living in	133835
safety. The court shall not order an adult to a hospital or public	133836
hospital as defined in section 5122.01 or a state institution as	133837
defined in section 5123.01 of the Revised Code.	133838

(F) The court shall not authorize a change in an adult's	133839
placement ordered under division (E) of this section unless it	133840
finds compelling reasons to justify a change. The parties to whom	133841
notice was given in division (B) of this section shall be given	133842
notice of a proposed change at least five working days prior to	133843
the change.	133844

(G) The adult, the board, or any other person who received	133845
notice of the petition may file a motion for modification of the	133846
court order at any time.	133847

(H) The county board shall pay court costs incurred in	133848
proceedings brought pursuant to this section. The adult shall not	133849
be required to pay for court-ordered services.	133850

(I)(1) After the filing of a complaint for an order under	133851
this section, the court, prior to the final disposition, may enter	133852
any temporary order that the court finds necessary to protect the	133853
adult with mental retardation or a developmental disability from	133854
abuse, neglect, or exploitation including, but not limited to, the	133855
following:	133856

(a) A temporary protection order;

133857

(b) An order requiring the evaluation of the adult;

133858

(c) An order requiring a party to vacate the adult's place of	133859
residence or legal settlement, provided that, subject to division	133860
(K)(1)(d) of this section, no operator of a residential facility	133861
licensed by the department may be removed under this division;	133862

(d) In the circumstances described in, and in accordance with	133863
the procedures set forth in, section 5123.191 of the Revised Code,	133864
an order of the type described in that section that appoints a	133865
receiver to take possession of and operate a residential facility	133866
licensed by the department.	133867

(2) The court may grant an ex parte order pursuant to this	133868
division on its own motion or if a party files a written motion or	133869
makes an oral motion requesting the issuance of the order and	133870
stating the reasons for it if it appears to the court that the	133871
best interest and the welfare of the adult require that the court	133872
issue the order immediately. The court, if acting on its own	133873
motion, or the person requesting the granting of an ex parte	133874
order, to the extent possible, shall give notice of its intent or	133875
of the request to all parties, the adult's legal counsel, if any,	133876
~~and the legal rights service~~. If the court issues an ex parte	133877
order, the court shall hold a hearing to review the order within	133878
seventy-two hours after it is issued or before the end of the next	133879
day after the day on which it is issued, whichever occurs first.	133880
The court shall give written notice of the hearing to all parties	133881
to the action.	133882

Section 120.21. That existing sections 3721.16, 5111.709,	133883
5119.221, 5122.01, 5122.02, 5122.27, 5122.271, 5122.29, 5122.31,	133884
5122.32, 5123.092, 5123.19, 5123.191, 5123.35, 5123.60, 5123.61,	133885
5123.63, 5123.64, 5123.69, 5123.701, 5123.86, 5123.99, and 5126.33	133886
of the Revised Code are hereby repealed.	133887

Section 120.22. That sections 5123.601, 5123.602, 5123.603,	133888
5123.604, and 5123.605 of the Revised Code are hereby repealed.	133889

Section 120.23. Sections 120.20, 120.21, and 120.22 of this	133890
act take effect October 1, 2012.	133891

Section 201.10. Except as otherwise provided in this act,	133892
all appropriation items in this act are appropriated out of any	133893
moneys in the state treasury to the credit of the designated fund	133894
that are not otherwise appropriated. For all appropriations made	133895
in this act, the amounts in the first column are for fiscal year	133896
2012 and the amounts in the second column are for fiscal year	133897
2013.	133898

Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO

133899

General Services Fund Group	133900

4J80	889601	CPA Education Assistance	$	200,000	$	200,000	133901
4K90	889609	Operating Expenses	$	977,200	$	977,500	133902
TOTAL GSF General Services Fund							133903
Group			$	1,177,200	$	1,177,500	133904
TOTAL ALL BUDGET FUND GROUPS			$	1,177,200	$	1,177,500	133905

Section 205.10. ADJ ADJUTANT GENERAL

133907

General Revenue Fund	133908

GRF	745401	Ohio Military Reserve	$	12,308	$	12,308	133909
GRF	745404	Air National Guard	$	1,810,606	$	1,810,606	133910
GRF	745407	National Guard Benefits	$	400,000	$	400,000	133911
GRF	745409	Central Administration	$	2,692,098	$	2,692,098	133912
GRF	745499	Army National Guard	$	3,687,888	$	3,689,871	133913
TOTAL GRF General Revenue Fund			$	8,602,900	$	8,604,883	133914

General Services Fund Group	133915

5340	745612	Property Operations Management	$	534,304	$	534,304	133916
5360	745605	Marksmanship Activities	$	128,600	$	128,600	133917
5360	745620	Camp Perry and Buckeye Inn Operations	$	1,178,311	$	978,846	133918
5370	745604	Ohio National Guard Facilities Maintenance	$	62,000	$	62,000	133919
TOTAL GSF General Services Fund Group			$	1,903,215	$	1,703,750	133920

Federal Special Revenue Fund Group	133921

3410	745615	Air National Guard Base Security	$	2,977,692	$	2,977,692	133922
3420	745616	Army National Guard Service Agreement	$	10,970,050	$	10,970,050	133923
3E80	745628	Air National Guard Operations and Maintenance	$	16,958,595	$	16,958,595	133924
3R80	745603	Counter Drug Operations	$	25,000	$	25,000	133925
TOTAL FED Federal Special Revenue Fund Group			$	30,931,337	$	30,931,337	133926

State Special Revenue Fund Group	133927

5U80	745613		Community Match Armories		$	250,000		$	250,000		133928
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		133929

TOTAL ALL BUDGET FUND GROUPS

41,687,452

41,489,970

133930

NATIONAL GUARD BENEFITS

133931

The foregoing appropriation item 745407, National Guard	133932
Benefits, shall be used for purposes of sections 5919.31 and	133933
5919.33 of the Revised Code, and for administrative costs of the	133934
associated programs.	133935

For active duty members of the Ohio National Guard who died	133936
after October 7, 2001, while performing active duty, the death	133937
benefit, pursuant to section 5919.33 of the Revised Code, shall be	133938
paid to the beneficiary or beneficiaries designated on the	133939
member's Servicemembers' Group Life Insurance Policy.	133940

STATE ACTIVE DUTY COSTS

133941

Of the foregoing appropriation item 745409, Central	133942
Administration, $50,000 in each fiscal year shall be used for the	133943
purpose of paying expenses related to state active duty of members	133944
of the Ohio organized militia, in accordance with a proclamation	133945
of the Governor. Expenses include, but are not limited to, the	133946
cost of equipment, supplies, and services, as determined by the	133947
Adjutant General's Department.	133948

Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

133949

General Revenue Fund	133950

GRF	100403	Public Employees Health Care Program	$	400,000	$	400,000	133951
GRF	100415	OAKS Rental Payments	$	23,024,500	$	23,006,300	133952
GRF	100416	STARS Lease Rental Payments	$	4,970,700	$	4,971,300	133953
GRF	100418	Web Sites and Business Gateway	$	2,895,063	$	2,795,176	133954
GRF	100419	IT Security Infrastructure	$	742,535	$	742,648	133955
GRF	100439	Equal Opportunity Certification Programs	$	625,000	$	625,000	133956
GRF	100447	OBA - Building Rent Payments	$	53,260,000	$	83,504,200	133957
GRF	100448	OBA - Building Operating Payments	$	21,000,000	$	21,000,000	133958
GRF	100449	DAS - Building Operating Payments	$	7,551,245	$	7,551,571	133959
GRF	100451	Minority Affairs	$	24,016	$	24,016	133960
GRF	130321	State Agency Support Services	$	2,779,457	$	2,780,032	133961
TOTAL GRF General Revenue Fund			$	117,272,516	$	147,400,243	133962

General Services Fund Group	133963

1120	100616	DAS Administration	$	4,900,000	$	4,900,000	133964
1150	100632	Central Service Agency	$	911,995	$	912,305	133965
1170	100644	General Services Division - Operating	$	13,000,000	$	13,000,000	133966
1220	100637	Fleet Management	$	2,000,000	$	2,000,000	133967
1250	100622	Human Resources Division - Operating	$	16,922,295	$	16,717,009	133968
1250	100657	Benefits Communication	$	925,586	$	921,531	133969
1280	100620	Collective Bargaining	$	3,462,529	$	3,464,148	133970
1300	100606	Risk Management Reserve	$	6,000,000	$	7,000,000	133971
1310	100639	State Architect's Office	$	9,812,132	$	9,813,342	133972
1320	100631	DAS Building Management	$	11,000,000	$	11,000,000	133973
1330	100607	IT Services Delivery	$	58,088,940	$	58,103,005	133974
1880	100649	Equal Opportunity Division - Operating	$	939,559	$	863,013	133975
2100	100612	State Printing	$	25,000,000	$	25,000,000	133976
2290	100630	IT Governance	$	14,000,000	$	14,000,000	133977
2290	100640	Leveraged Enterprise Purchases	$	3,000,000	$	3,000,000	133978
4270	100602	Investment Recovery	$	4,100,000	$	4,100,000	133979
4N60	100617	Major IT Purchases	$	1,950,000	$	4,950,000	133980
4P30	100603	DAS Information Services	$	5,047,565	$	4,979,392	133981
5C20	100605	MARCS Administration	$	14,075,705	$	14,077,467	133982
5C30	100608	Skilled Trades	$	404,297	$	404,375	133983
5EB0	100635	OAKS Support Organization	$	19,000,539	$	19,003,108	133984
5EB0	100656	OAKS Updates and Developments	$	12,265,952	$	8,743,462	133985
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	133986
5L70	100610	Professional Development	$	2,496,679	$	2,496,760	133987
5V60	100619	Employee Educational Development	$	800,000	$	850,000	133988
5X30	100634	Centralized Gateway Enhancement	$	2,052,308	$	2,052,308	133989
TOTAL GSF General Services Fund							133990
Group			$	232,306,081	$	232,501,225	133991

Federal Special Revenue Fund Group	133992

3AJ0	100654	ARRA Broadband Mapping Grant	$	270,756	$	106,347	133993
TOTAL FED Federal Special Revenue							133994
Fund Group			$	270,756	$	106,347	133995

State Special Revenue Fund Group	133996

5JQ0	100658	Professions Licensing System	$	2,000,000	$	1,000,000	133997
TOTAL SSR State Special Revenue							133998
Fund Group			$	2,000,000	$	1,000,000	133999
TOTAL ALL BUDGET FUND GROUPS			$	351,849,353	$	381,007,815	134000

Section 207.10.10. PUBLIC EMPLOYEES HEALTH CARE PROGRAM

134002

The foregoing appropriation item 100403, Public Employees	134003
Health Care Program, shall be used by the Department of	134004
Administrative Services to carry out its duties prescribed in	134005
Section 515.60 of this act.	134006

Section 207.10.20. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM

134007

The Ohio Administrative Knowledge System (OAKS) is an	134008
enterprise resource planning system that replaced the state's	134009
central services infrastructure systems, including, but not	134010
limited to, the Central Accounting System, the Human	134011
Resources/Payroll System, the Capital Improvements Projects	134012
Tracking System, the Fixed Assets Management System, and the	134013
Procurement System. The Department of Administrative Services, in	134014
conjunction with the Office of Budget and Management, may update	134015
or add functionality to the OAKS system that will support shared	134016
services, financial or human resources functions, and enterprise	134017
applications that improve the state's operational efficiency. This	134018
includes, but is not limited to, the installation and	134019
implementation of hardware and software. Any lease-purchase	134020
arrangement entered into under Chapter 125. of the Revised Code to	134021
finance the OAKS system and the enhancements described above,	134022
including any fractionalized interest therein, as defined in	134023
division (N) of section 133.01 of the Revised Code, shall provide	134024
that at the end of the lease period, the financed asset becomes	134025
the property of the state.	134026

Section 207.10.30. OAKS LEASE RENTAL PAYMENTS

134027

The foregoing appropriation item 100415, OAKS Rental	134028
Payments, shall be used for payments at the times they are	134029
required to be made for the period from July 1, 2011, through June	134030
30, 2013, pursuant to leases and agreements entered into under	134031
Chapter 125. of the Revised Code, as supplemented by Section	134032
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and	134033
other prior acts of the General Assembly, with respect to	134034
financing the costs associated with the acquisition, development,	134035
installation, and implementation of the Ohio Administrative	134036
Knowledge System. If it is determined that additional	134037
appropriations are necessary for this purpose, the amounts are	134038
hereby appropriated.	134039

Section 207.10.40. STATE TAXATION ACCOUNTING AND REVENUE	134040
SYSTEM	134041

The Department of Administrative Services, in conjunction	134042
with the Department of Taxation, may acquire the State Taxation	134043
Accounting and Revenue System (STARS) pursuant to Chapter 125. of	134044
the Revised Code, including, but not limited to, the application	134045
hardware and software and installation and implementation thereof,	134046
for the use of the Department of Taxation. STARS is an integrated	134047
tax collection and audit system that will replace all of the	134048
state's existing separate tax software and administration systems	134049
for the various taxes collected by the state. Any lease-purchase	134050
arrangement used under Chapter 125. of the Revised Code to acquire	134051
STARS, including any fractionalized interests therein as defined	134052
in division (N) of section 133.01 of the Revised Code, shall	134053
provide that at the end of the lease period, STARS becomes the	134054
property of the state.	134055

Section 207.10.50. STARS LEASE RENTAL PAYMENTS

134056

The foregoing appropriation item 100416, STARS Lease Rental	134057
Payments, shall be used for payments at the times they are	134058
required to be made for the period from July 1, 2011, through June	134059
30, 2013, pursuant to leases and agreements entered into under	134060
Chapter 125. of the Revised Code, as supplemented by Section	134061
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and	134062
other prior acts of the General Assembly, with respect to	134063
financing the cost for the acquisition, development, installation,	134064
and implementation of the State Taxation Accounting and Revenue	134065
System (STARS). If it is determined that additional appropriations	134066
are necessary for this purpose, the amounts are appropriated.	134067

Section 207.10.60. EQUAL OPPORTUNITY CERTIFICATION PROGRAMS

134068

The foregoing appropriation item 100439, Equal Opportunity	134069
Certification Programs, shall be used to pay costs associated with	134070
the equal employment opportunity project tracking software that	134071
were formerly paid from appropriation item 100423, EEO Project	134072
Tracking Software.	134073

Section 207.10.70. BUILDING RENT PAYMENTS

134074

The foregoing appropriation item 100447, OBA - Building Rent	134075
Payments, shall be used to meet all payments at the times they are	134076
required to be made during the period from July 1, 2011, through	134077
June 30, 2013, by the Department of Administrative Services to the	134078
Ohio Building Authority pursuant to leases and agreements under	134079
Chapter 152. of the Revised Code. These appropriations are the	134080
source of funds pledged for bond service charges on obligations	134081
issued pursuant to Chapter 152. of the Revised Code.	134082

The foregoing appropriation item 100448, OBA - Building	134083
Operating Payments, shall be used to meet all payments at the	134084
times that they are required to be made during the period from	134085
July 1, 2011, through June 30, 2013, by the Department of	134086
Administrative Services to the Ohio Building Authority pursuant to	134087
leases and agreements under Chapter 152. of the Revised Code, but	134088
limited to the aggregate amount of $42,800,000.	134089

The payments to the Ohio Building Authority are for paying	134090
the expenses of agencies that occupy space in various state	134091
facilities. The Department of Administrative Services may enter	134092
into leases and agreements with the Ohio Building Authority	134093
providing for the payment of these expenses. The Ohio Building	134094
Authority shall report to the Department of Administrative	134095
Services and the Office of Budget and Management not later than	134096
five months after the start of each fiscal year the actual	134097
expenses incurred by the Ohio Building Authority in operating the	134098
facilities and any balances remaining from payments and rentals	134099
received in the prior fiscal year. The Department of	134100
Administrative Services shall reduce subsequent payments by the	134101
amount of the balance reported to it by the Ohio Building	134102
Authority.	134103

Section 207.10.80. DAS - BUILDING OPERATING PAYMENTS

134104

The foregoing appropriation item 100449, DAS - Building	134105
Operating Payments, shall be used to pay the rent expenses of	134106
veterans organizations pursuant to section 123.024 of the Revised	134107
Code in fiscal years 2012 and 2013.	134108

The foregoing appropriation item, 100449, DAS - Building	134109
Operating Payments, also may be used to provide funding for the	134110
cost of property appraisals or building studies that the	134111
Department of Administrative Services may be required to obtain	134112
for property that is being sold by the state or property under	134113
consideration to be renovated or purchased by the state.	134114

Notwithstanding section 125.28 of the Revised Code, the	134115
remaining portion of the appropriation may be used to pay the	134116
operating expenses of state facilities maintained by the	134117
Department of Administrative Services that are not billed to	134118
building tenants. These expenses may include, but are not limited	134119
to, the costs for vacant space and space undergoing renovation,	134120
and the rent expenses of tenants that are relocated because of	134121
building renovations. These payments shall be processed by the	134122
Department of Administrative Services through intrastate transfer	134123
vouchers and placed in the Building Management Fund (Fund 1320).	134124

Section 207.10.90. CENTRAL SERVICE AGENCY FUND

134125

Appropriation item 100632, Central Service Agency, shall be	134126
used to purchase the equipment, products, and services that are	134127
needed to maintain existing automated applications for the	134128
professional licensing boards and to support board licensing	134129
functions in fiscal years 2012 and 2013 until these functions are	134130
replaced by the Ohio Professionals Licensing System. Appropriation	134131
item 100632, Central Service Agency, may also be used for these	134132
purposes for the Casino Control Commission if the commission	134133
elects to use these automated applications for its licensing	134134
functions. The Department of Administrative Services shall	134135
establish charges for recovering the costs of carrying out these	134136
functions. The charges shall be billed to the professional	134137
licensing boards, and the Casino Control Commission if applicable,	134138
and deposited via intrastate transfer vouchers to the credit of	134139
the Central Service Agency Fund (Fund 1150).	134140

Section 207.20.10. GENERAL SERVICE CHARGES

134141

The Department of Administrative Services, with the approval	134142
of the Director of Budget and Management, shall establish charges	134143
for recovering the costs of administering the programs funded by	134144
the General Services Fund (Fund 1170) and the State Printing Fund	134145
(Fund 2100). Such charges within Fund 1170 may be used to recover	134146
the cost of paying a vendor to establish reduced pricing for	134147
contracted supplies or services.	134148

If the Director of Administrative Services determines that	134149
additional amounts are necessary to pay for consulting and	134150
administrative costs related to securing lower pricing, the	134151
Director of Administrative Services may request that the Director	134152
of Budget and Management approve additional expenditures. Such	134153
approved additional amounts are appropriated to appropriation item	134154
100644, General Services Division-Operating.	134155

Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION EXPENSES

134156

With approval of the Director of Budget and Management, the	134157
Department of Administrative Services may seek reimbursement from	134158
state agencies for the actual costs and expenses the Department	134159
incurs in the collective bargaining arbitration process. The	134160
reimbursements shall be processed through intrastate transfer	134161
vouchers and credited to the Collective Bargaining Fund (Fund	134162
1280).	134163

Section 207.20.30. EQUAL OPPORTUNITY PROGRAM

134164

The Department of Administrative Services, with the approval	134165
of the Director of Budget and Management, shall establish charges	134166
for recovering the costs of administering the activities supported	134167
by the State EEO Fund (Fund 1880). These charges shall be	134168
deposited to the credit of the State EEO Fund (Fund 1880) upon	134169
payment made by state agencies, state-supported or state-assisted	134170
institutions of higher education, and tax-supported agencies,	134171
municipal corporations, and other political subdivisions of the	134172
state, for services rendered.	134173

Section 207.20.40. INVESTMENT RECOVERY FUND

134174

Notwithstanding division (B) of section 125.14 of the Revised	134175
Code, cash balances in the Investment Recovery Fund (Fund 4270)	134176
may be used to support the operating expenses of the Federal	134177
Surplus Operating Program created in sections 125.84 to 125.90 of	134178
the Revised Code.	134179

Notwithstanding division (B) of section 125.14 of the Revised	134180
Code, cash balances in the Investment Recovery Fund may be used to	134181
support the operating expenses of the Asset Management Services	134182
Program, including, but not limited to, the cost of establishing	134183
and maintaining procedures for inventory records for state	134184
property as described in section 125.16 of the Revised Code.	134185

Of the foregoing appropriation item 100602, Investment	134186
Recovery, up to $2,092,697 in fiscal year 2012 and up to	134187
$2,092,697 in fiscal year 2013 may be used to pay the operating	134188
expenses of the State Surplus Property Program, the Surplus	134189
Federal Property Program, and the Asset Management Services	134190
Program under Chapter 125. of the Revised Code and this section.	134191
If additional appropriations are necessary for the operations of	134192
these programs, the Director of Administrative Services shall seek	134193
increased appropriations from the Controlling Board under section	134194
131.35 of the Revised Code.	134195

Of the foregoing appropriation item 100602, Investment	134196
Recovery, $3,500,000 in each fiscal year shall be used to transfer	134197
proceeds from the sale of surplus property from the Investment	134198
Recovery Fund to non-General Revenue Funds under division (A)(2)	134199
of section 125.14 of the Revised Code. If it is determined by the	134200
Director of Administrative Services that additional amounts are	134201
necessary for the transfer of such sale proceeds, the Director of	134202
Administrative Services may request the Director of Budget and	134203
Management to authorize additional amounts. Such authorized	134204
additional amounts are hereby appropriated.	134205

Section 207.20.50. DAS INFORMATION SERVICES

134206

There is hereby established in the State Treasury the DAS	134207
Information Services Fund. The foregoing appropriation item	134208
100603, DAS Information Services, shall be used to pay the costs	134209
of providing information systems and services in the Department of	134210
Administrative Services. Any state agency, board, or commission	134211
may use DAS Information Services by paying for the services	134212
rendered.	134213

The Department of Administrative Services shall establish	134214
user charges for all information systems and services that are	134215
allowable in the statewide indirect cost allocation plan submitted	134216
annually to the United States Department of Health and Human	134217
Services. These charges shall comply with federal regulations and	134218
shall be deposited to the credit of the DAS Information Services	134219
Fund (Fund 4P30).	134220

Section 207.20.60. PROFESSIONAL DEVELOPMENT FUND

134221

The foregoing appropriation item 100610, Professional	134222
Development, shall be used to make payments from the Professional	134223
Development Fund (Fund 5L70) under section 124.182 of the Revised	134224
Code. If it is determined by the Director of Administrative	134225
Services that additional amounts are necessary, the Director of	134226
Administrative Services may request that the Director of Budget	134227
and Management approve additional amounts. Such approved	134228
additional amounts are hereby appropriated.	134229

Section 207.20.70. EMPLOYEE EDUCATIONAL DEVELOPMENT

134230

The foregoing appropriation item 100619, Employee Educational	134231
Development, shall be used to make payments from the Employee	134232
Educational Development Fund (Fund 5V60) under section 124.86 of	134233
the Revised Code. The fund shall be used to pay the costs of	134234
administering educational programs under existing collective	134235
bargaining agreements with District 1199, the Health Care and	134236
Social Service Union; State Council of Professional Educators;	134237
Ohio Education Association and National Education Association; the	134238
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio	134239
State Troopers Association, Units 1 and 15.	134240

If it is determined by the Director of Administrative	134241
Services that additional amounts are necessary, the Director of	134242
Administrative Services may request that the Director of Budget	134243
and Management approve additional amounts. Such approved	134244
additional amounts are hereby appropriated.	134245

Section 207.20.80. CENTRALIZED GATEWAY ENHANCEMENT FUND

134246

(A) As used in this section, "Ohio Business Gateway" refers	134247
to the internet-based system operated by the Department of	134248
Administrative Services with the advice of the Ohio Business	134249
Gateway Steering Committee established under section 5703.57 of	134250
the Revised Code. The Ohio Business Gateway is established to	134251
provide businesses a central web site where various filings and	134252
payments are submitted online to government. The information is	134253
then distributed to the various government entities that interact	134254
with the business community.	134255

(B) As used in this section:

134256

(1) "State Portal" refers to the official web site of the	134257
state, operated by the Department of Administrative Services.	134258

(2) "Shared Hosting Environment" refers to the computerized	134259
system operated by the Department of Administrative Services for	134260
the purpose of providing capability for state agencies to host web	134261
sites.	134262

(C) There is hereby created in the state treasury the	134263
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing	134264
appropriation item 100634, Centralized Gateway Enhancement, shall	134265
be used by the Department of Administrative Services to pay the	134266
costs of enhancing, expanding, and operating the infrastructure of	134267
the Ohio Business Gateway, State Portal, and Shared Hosting	134268
Environment. The Director of Administrative Services shall submit	134269
spending plans to the Director of Budget and Management to justify	134270
operating transfers to the fund from the General Revenue Fund.	134271
Upon approval, the Director of Budget and Management shall	134272
transfer approved amounts to the fund, not to exceed the amount of	134273
the annual appropriation in each fiscal year. The spending plans	134274
may be based on the recommendations of the Ohio Business Gateway	134275
Steering Committee or its successor.	134276

Section 207.20.90. CASH TRANSFERS FROM THE MAJOR IT PURCHASES	134277
FUND	134278

Upon request of the Director of Administrative Services, the	134279
Director of Budget and Management may make the following transfers	134280
from the Major IT Purchases Fund (Fund 4N60):	134281

(1) Up to $2,800,000 in each fiscal year of the biennium to	134282
the State Architect's Fund (Fund 1310) to support the OAKS Capital	134283
Improvements Module and other costs of the State Architect's	134284
Office that are not directly related to capital projects managed	134285
by the State Architect;	134286

(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in	134287
fiscal year 2013 to the Director's Office Fund (Fund 1120) to	134288
support operating expenses of the Accountability and Results	134289
Initiative.	134290

Section 207.20.93. CASH TRANSFERS FROM THE BUILDING	134291
MANAGEMENT FUND TO THE STATE ARCHITECT'S FUND	134292

Upon request of the Director of Administrative Services, the	134293
Director of Budget and Management may transfer up to $2,000,000	134294
from the Building Management Fund (Fund 1320) to the State	134295
Architect's Fund (Fund 1310) to support the OAKS Capital	134296
Improvements Module and other costs of the State Architect's	134297
Office that are not directly related to capital projects managed	134298
by the State Architect. If the cash balance in the State	134299
Architect's Fund (Fund 1310) is determined to be sufficient, the	134300
Director of Administrative Services may request that the Director	134301
of Budget and Management transfer cash from the State Architect's	134302
Fund (Fund 1310) to the Building Management Fund (Fund 1320) in an	134303
amount equal to the initial cash transfer made under this section	134304
plus applicable interest.	134305

Section 207.30.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	134306
DEBT SERVICE PAYMENTS	134307

The Director of Administrative Services, in consultation with	134308
the Multi-Agency Radio Communication System (MARCS) Steering	134309
Committee and the Director of Budget and Management, shall	134310
determine the share of debt service payments attributable to	134311
spending for MARCS components that are not specific to any one	134312
agency and that shall be charged to agencies supported by the	134313
motor fuel tax. Such share of debt service payments shall be	134314
calculated for MARCS capital disbursements made beginning July 1,	134315
1997. Within thirty days of any payment made from appropriation	134316
item 100447, OBA - Building Rent Payments, the Director of	134317
Administrative Services shall certify to the Director of Budget	134318
and Management the amount of this share. The Director of Budget	134319
and Management shall transfer such amounts to the General Revenue	134320
Fund from the State Highway Safety Fund (Fund 7036) established in	134321
section 4501.06 of the Revised Code.	134322

The Director of Administrative Services shall consider	134323
renting or leasing existing tower sites at reasonable or current	134324
market rates, so long as these existing sites are equipped with	134325
the technical capabilities to support the MARCS project.	134326

Section 207.30.20. OHIO PROFESSIONALS LICENSING SYSTEM

134327

There is hereby created in the state treasury the Ohio	134328
Professionals Licensing System Fund (Fund 5JQ0). Appropriation	134329
item 100658, Ohio Professionals Licensing System, shall be used to	134330
make payments from the fund. The fund shall be used to purchase	134331
the equipment, products, and services necessary to develop and	134332
maintain a replacement automated licensing system for the	134333
professional licensing boards. The Director of Budget and	134334
Management may transfer up to a total of $3,000,000 in cash from	134335
the Occupational Licensing and Regulatory Fund (4K90), the State	134336
Medical Board Operating Fund (Fund 5C60), and the Casino Control	134337
Commission – Operating Fund (Fund 5HS0) if the Casino Control	134338
Commission elects to use the replacement automated licensing	134339
system, to the Ohio Professionals Licensing System Fund during the	134340
FY 2012-FY 2013 biennium. These transfers shall be in proportion	134341
to the number of current licensees, or current and anticipated	134342
licensees in the case of the Casino Control Commission if	134343
applicable. The purpose of these cash transfers is to fund the	134344
initial acquisition and development of the system. Any cash	134345
balances not expended in fiscal year 2012 are reappropriated in	134346
fiscal year 2013.	134347

Effective with the implementation of the replacement	134348
licensing system, the Department of Administrative Services shall	134349
establish charges for recovering the costs of ongoing maintenance	134350
of the system. The charges shall be billed to the professional	134351
licensing boards, and the Casino Control Commission if applicable,	134352
and deposited via intrastate transfer vouchers to the credit of	134353
the Ohio Professionals Licensing System Fund.	134354

Section 207.30.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

134355

Whenever the Director of Administrative Services declares a	134356
"public exigency," as provided in division (C) of section 123.15	134357
of the Revised Code, the Director shall also notify the members of	134358
the Controlling Board.	134359

Section 209.10. AGE DEPARTMENT OF AGING

134360

General Revenue Fund	134361

GRF	490321	Operating Expenses	$	1,501,616	$	1,502,442	134362
GRF	490410	Long-Term Care Ombudsman	$	482,271	$	482,271	134363
GRF	490411	Senior Community Services	$	7,130,952	$	7,131,236	134364
GRF	490414	Alzheimer's Respite	$	1,917,740	$	1,917,757	134365
GRF	490423	Long Term Care Budget - State	$	3,419,250	$	3,419,250	134366
GRF	490506	National Senior Service Corps	$	241,413	$	241,413	134367
TOTAL GRF General Revenue Fund			$	14,693,242	$	14,694,369	134368

General Services Fund Group	134369

4800	490606	Senior Community Outreach and Education	$	372,518	$	372,523	134370
TOTAL GSF General Services Fund							134371
Group			$	372,518	$	372,523	134372

Federal Special Revenue Fund Group	134373

3220	490618	Federal Aging Grants	$	14,000,000	$	14,000,000	134374
3C40	490623	Long Term Care Budget	$	3,525,000	$	3,525,000	134375
3M40	490612	Federal Independence Services	$	63,655,080	$	63,655,080	134376
TOTAL FED Federal Special Revenue							134377
Fund Group			$	81,180,080	$	81,180,080	134378

State Special Revenue Fund Group	134379

4C40	490609	Regional Long-Term Care Ombudsman Program	$	935,000	$	935,000	134380
5BA0	490620	Ombudsman Support	$	750,000	$	750,000	134381
5K90	490613	Long Term Care Consumers Guide	$	820,400	$	820,400	134382
5W10	490616	Resident Services Coordinator Program	$	344,692	$	344,700	134383
TOTAL SSR State Special Revenue							134384
Fund Group			$	2,850,092	$	2,850,100	134385
TOTAL ALL BUDGET FUND GROUPS			$	99,095,932	$	99,097,072	134386

Section 209.20. LONG-TERM CARE

134388

Pursuant to an interagency agreement, the Department of Job	134389
and Family Services shall designate the Department of Aging to	134390
perform assessments under section 5111.204 of the Revised Code.	134391
The Department of Aging shall provide long-term care consultations	134392
under section 173.42 of the Revised Code to assist individuals in	134393
planning for their long-term health care needs.	134394

The Department of Aging shall administer the Medicaid	134395
waiver-funded PASSPORT Home Care Program, the Choices Program, the	134396
Assisted Living Program, and the PACE Program as delegated by the	134397
Department of Job and Family Services in an interagency agreement.	134398
The foregoing appropriation items 490423, Long Term Care Budget -	134399
State, and 490623, Long Term Care Budget, may be used to support	134400
the Department of Aging's administrative costs associated with	134401
operating the PASSPORT, Choices, Assisted Living, and PACE	134402
programs.	134403

Section 209.30. LONG-TERM CARE OMBUDSMAN

134404

The foregoing appropriation item 490410, Long-Term Care	134405
Ombudsman, shall be used for a program to fund ombudsman program	134406
activities as authorized in sections 173.14 to 173.27 and section	134407
173.99 of the Revised Code.	134408

SENIOR COMMUNITY SERVICES

134409

The foregoing appropriation item 490411, Senior Community	134410
Services, shall be used for services designated by the Department	134411
of Aging, including, but not limited to, home-delivered and	134412
congregate meals, transportation services, personal care services,	134413
respite services, adult day services, home repair, care	134414
coordination, and decision support systems. Service priority shall	134415
be given to low income, frail, and cognitively impaired persons 60	134416
years of age and over. The department shall promote cost sharing	134417
by service recipients for those services funded with senior	134418
community services funds, including, when possible, sliding-fee	134419
scale payment systems based on the income of service recipients.	134420

ALZHEIMER'S RESPITE

134421

The foregoing appropriation item 490414, Alzheimer's Respite,	134422
shall be used to fund only Alzheimer's disease services under	134423
section 173.04 of the Revised Code.	134424

SENIOR COMMUNITY OUTREACH AND EDUCATION

134425

The foregoing appropriation item 490606, Senior Community	134426
Outreach and Education, may be used to provide training to workers	134427
in the field of aging pursuant to division (G) of section 173.02	134428
of the Revised Code.	134429

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	134430
AND FEDERAL AGING GRANTS	134431

At the request of the Director of Aging, the Director of	134432
Budget and Management may transfer appropriation between	134433
appropriation items 490612, Federal Independence Services, and	134434
490618, Federal Aging Grants. The amounts transferred shall not	134435
exceed 30 per cent of the appropriation from which the transfer is	134436
made. Any transfers shall be reported by the Department of Aging	134437
to the Controlling Board at the next scheduled meeting of the	134438
board.	134439

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

134440

The foregoing appropriation item 490609, Regional Long-Term	134441
Care Ombudsman Program, shall be used to pay the costs of	134442
operating the regional long-term care ombudsman programs	134443
designated by the Long-Term Care Ombudsman.	134444

TRANSFER OF RESIDENT PROTECTION FUNDS

134445

In each fiscal year, the Director of Budget and Management	134446
may transfer up to $750,000 cash from the Resident Protection Fund	134447
(Fund 4E30), which is used by the Department of Job and Family	134448
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used	134449
by the Department of Aging. The moneys in the Ombudsman Support	134450
Fund may be used by the state office of the Long-Term Care	134451
Ombudsman Program and by regional ombudsman programs to promote	134452
person-centered care in nursing homes.	134453

On July 1, 2011, or as soon as possible thereafter, the	134454
Department of Aging shall certify to the Director of Budget and	134455
Management the amount of the cash balance in the Ombudsman Support	134456
Fund at the end of fiscal year 2011.	134457

LONG-TERM CARE CONSUMERS GUIDE

134458

The foregoing appropriation item 490613, Long-Term Care	134459
Consumers Guide, shall be used to conduct annual customer	134460
satisfaction surveys and to pay for other administrative expenses	134461
related to the publication of the Ohio Long-Term Care Consumer	134462
Guide.	134463

During fiscal year 2012 and fiscal year 2013, the Department	134464
of Aging shall identify methods and tools for assessing consumer	134465
satisfaction with adult care facilities and with the providers of	134466
home and community-based services. The Department shall also	134467
consider the development of a provider fee structure to support	134468
the inclusion of information about adult care facilities and	134469
providers of home and community-based services among the types of	134470
providers reviewed in the Ohio Long-Term Care Consumer Guide.	134471

Section 211.10. AGR DEPARTMENT OF AGRICULTURE

134472

General Revenue Fund	134473

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	134474
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	134475
GRF	700404	Ohio Proud	$	50,000	$	50,000	134476
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	134477
GRF	700407	Food Safety	$	848,792	$	848,792	134478
GRF	700409	Farmland Preservation	$	72,750	$	72,750	134479
GRF	700412	Weights and Measures	$	600,000	$	600,000	134480
GRF	700415	Poultry Inspection	$	392,978	$	392,978	134481
GRF	700418	Livestock Regulation Program	$	1,108,071	$	1,108,071	134482
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	134483
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	134484
GRF	700501	County Agricultural Societies	$	391,413	$	391,413	134485
TOTAL GRF General Revenue Fund			$	14,054,229	$	14,054,229	134486

General Services Fund Group	134487

5DA0	700644	Laboratory Administration Support	$	1,094,867	$	1,094,867	134488
5GH0	700655	Central Support Indirect Cost	$	4,456,842	$	4,456,842	134489
TOTAL GSF General Services Fund Group			$	5,551,709	$	5,551,709	134490

Federal Special Revenue Fund Group	134491

3260	700618	Meat Inspection Program - Federal Share	$	4,950,000	$	4,950,000	134492
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	134493
3820	700601	Cooperative Contracts	$	2,000,000	$	2,000,000	134494
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	134495
3J40	700607	Indirect Cost	$	600,000	$	600,000	134496
3R20	700614	Federal Plant Industry	$	1,000,000	$	1,000,000	134497
TOTAL FED Federal Special Revenue							134498
Fund Group			$	9,700,000	$	9,700,000	134499

State Special Revenue Fund Group	134500

4960	700626	Ohio Grape Industries	$	846,611	$	846,611	134501
4970	700627	Commodity Handlers Regulatory Program	$	483,402	$	483,402	134502
4C90	700605	Commercial Feed and Seed	$	1,816,897	$	1,816,897	134503
4D20	700609	Auction Education	$	41,000	$	41,000	134504
4E40	700606	Utility Radiological Safety	$	131,785	$	131,785	134505
4P70	700610	Food Safety Inspection	$	1,085,836	$	1,085,836	134506
4R00	700636	Ohio Proud Marketing	$	30,500	$	30,500	134507
4R20	700637	Dairy Industry Inspection	$	1,758,247	$	1,758,247	134508
4T60	700611	Poultry and Meat Inspection	$	180,000	$	180,000	134509
4T70	700613	Ohio Proud International and Domestic Market Development	$	50,000	$	50,000	134510
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	134511
5B80	700629	Auctioneers	$	359,823	$	359,823	134512
5FC0	700648	Plant Pest Program	$	1,164,000	$	1,164,000	134513
5H20	700608	Metrology Lab and Scale Certification	$	750,000	$	750,000	134514
5HP0	700656	Livestock Care Standards Board	$	80,000	$	80,000	134515
5L80	700604	Livestock Management Program	$	584,000	$	584,000	134516
6520	700634	Animal and Consumer Analytical Laboratory	$	4,366,383	$	4,366,383	134517
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	134518
TOTAL SSR State Special Revenue							134519
Fund Group			$	18,321,667	$	18,321,667	134520

Clean Ohio Conservation Fund Group	134521

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		134522
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		134523

TOTAL ALL BUDGET FUND GROUPS

47,937,605

134524

COUNTY AGRICULTURAL SOCIETIES

134525

The foregoing appropriation item 700501, County Agricultural	134526
Societies, shall be used to reimburse county and independent	134527
agricultural societies for expenses related to Junior Fair	134528
activities.	134529

CLEAN OHIO AGRICULTURAL EASEMENT

134530

The foregoing appropriation item 700632, Clean Ohio	134531
Agricultural Easement, shall be used by the Department of	134532
Agriculture in administering Ohio Agricultural Easement Fund (Fund	134533
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	134534
5301.70 of the Revised Code.	134535

Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY

134536

General Services Fund Group	134537

5EG0	898608		Energy Strategy Development		$	240,382		$	240,681		134538
TOTAL GSF General Services Fund					$	240,382		$	240,681		134539

Agency Fund Group	134540

4Z90	898602	Small Business Ombudsman	$	288,050	$	288,232	134541
5700	898601	Operating Expenses	$	323,980	$	323,980	134542
5A00	898603	Small Business Assistance	$	71,087	$	71,087	134543
TOTAL AGY Agency Fund Group			$	683,117	$	683,299	134544
TOTAL ALL BUDGET FUND GROUPS			$	923,499	$	923,980	134545

Section 213.20. ENERGY STRATEGY DEVELOPMENT

134547

The Ohio Air Quality Development Authority shall establish	134548
the Energy Strategy Development Program for the purpose of	134549
developing energy initiatives, projects, and policy for the state.	134550
Issues addressed by such initiatives, projects, and policy shall	134551
not be limited to those governed by Chapter 3706. of the Revised	134552
Code.	134553

There is hereby created in the state treasury the Energy	134554
Strategy Development Fund (Fund 5EG0). The fund shall consist of	134555
money credited to it and money obtained for advanced energy	134556
projects from federal or private grants, loans, or other sources.	134557
Money in the fund shall be used to carry out the purposes of the	134558
program. Interest earned on the money in the fund shall be	134559
credited to the General Revenue Fund.	134560

On July 1 of each fiscal year, or as soon as possible	134561
thereafter, the Director of Budget and Management may transfer	134562
cash from the funds specified below, in the amounts specified	134563
below, to the Energy Strategy Development Fund. Fund 5EG0 may	134564
accept contributions and transfers made to the fund. On July 1,	134565
2013, or as soon as possible thereafter, the Director shall	134566
transfer to the General Revenue Fund all cash credited to Fund	134567
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.	134568

Fund	Fund Name	User	FY 2012	FY 2013	134569
1170	Office Services	Department of Administrative Services	$27,405	$27,439	134570
5GH0	Central Support Indirect Cost	Department of Agriculture	$27,405	$27,439	134571
1350	Supportive Services	Department of Development	$27,405	$27,439	134572
2190	Central Support Indirect Cost	Environmental Protection Agency	$27,405	$27,439	134573
1570	Central Support Indirect Chargeback	Department of Natural Resources	$27,405	$27,439	134574
7002	Highway Operating	Department of Transportation	$39,150	$39,199	134575

Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT	134576
AUTHORITY TRUST ACCOUNT	134577

Notwithstanding any other provision of law to the contrary,	134578
the Air Quality Development Authority may reimburse the Air	134579
Quality Development Authority trust account established under	134580
section 3706.10 of the Revised Code from all operating funds of	134581
the agency for expenses pertaining to the administration and	134582
shared costs incurred by the Air Quality Development Authority in	134583
the execution of responsibilities as prescribed in Chapter 3706.	134584
of the Revised Code. Reimbursement shall be made by voucher and	134585
completed in accordance with the administrative indirect costs	134586
allocation plan approved by the Office of Budget and Management.	134587

Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	134588
SERVICES	134589

General Revenue Fund	134590

GRF	038401	Treatment Services	$	35,184,703	$	7,020,974	134591
GRF	038404	Prevention Services	$	868,659	$	868,659	134592
TOTAL GRF General Revenue Fund			$	36,053,362	$	7,889,633	134593

General Services Fund	134594

5T90	038616		Problem Gambling Services		$	335,000		$	335,000		134595
TOTAL GSF General Services Fund Group					$	335,000		$	335,000		134596

Federal Special Revenue Fund Group	134597

3G40	038614	Substance Abuse Block Grant	$	69,000,000	$	69,000,000	134598
3H80	038609	Demonstration Grants	$	8,675,580	$	8,675,580	134599
3J80	038610	Medicaid	$	69,200,000	$	0	134600
3N80	038611	Administrative Reimbursement	$	300,000	$	300,000	134601
TOTAL FED Federal Special Revenue							134602
Fund Group			$	147,175,580	$	77,975,580	134603

State Special Revenue Fund Group	134604

4750	038621	Statewide Treatment and Prevention	$	16,000,000	$	14,000,000	134605
5JW0	038615	Board Match Reimbursement	$	3,000,000	$	3,000,000	134606
6890	038604	Education and Conferences	$	75,000	$	75,000	134607
TOTAL SSR State Special Revenue							134608
Fund Group			$	19,075,000	$	17,075,000	134609
TOTAL ALL BUDGET FUND GROUPS			$	202,638,942	$	103,275,213	134610

Section 217.10. ARC ARCHITECTS BOARD

134612

General Services Fund Group	134613

4K90	891609	Operating Expenses	$	494,459	$	478,147	134614
TOTAL GSF General Services Fund							134615
Group			$	494,459	$	478,147	134616
TOTAL ALL BUDGET FUND GROUPS			$	494,459	$	478,147	134617

Section 219.10. ART OHIO ARTS COUNCIL

134619

General Revenue Fund	134620

GRF	370321	Operating Expenses	$	1,305,704	$	1,305,704	134621
GRF	370502	State Program Subsidies	$	6,000,000	$	8,000,000	134622
TOTAL GRF General Revenue Fund			$	7,305,704	$	9,305,704	134623

General Services Fund Group	134624

4600	370602	Management Expenses and Donations	$	247,000	$	247,000	134625
4B70	370603	Percent for Art Acquisitions	$	247,000	$	247,000	134626
TOTAL GSF General Services Fund Group			$	494,000	$	494,000	134627

Federal Special Revenue Fund Group	134628

3140	370601	Federal Support	$	1,000,000	$	1,000,000	134629
TOTAL FED Federal Special Revenue Fund Group			$	1,000,000	$	1,000,000	134630
TOTAL ALL BUDGET FUND GROUPS			$	8,799,704	$	10,799,704	134631

FEDERAL SUPPORT

134632

Notwithstanding any provision of law to the contrary, the	134633
foregoing appropriation item 370601, Federal Support, shall be	134634
used by the Ohio Arts Council for subsidies only, and not for its	134635
administrative costs, unless the Council is required to use a	134636
portion of the funds for administrative costs under conditions of	134637
the federal grant.	134638

Section 221.10. ATH ATHLETIC COMMISSION

134639

General Services Fund Group	134640

4K90	175609	Operating Expenses	$	281,904	$	292,509	134641
TOTAL GSF General Services Fund Group			$	281,904	$	292,509	134642
TOTAL ALL BUDGET FUND GROUPS			$	281,904	$	292,509	134643

Section 223.10. AGO ATTORNEY GENERAL

134645

General Revenue Fund	134646

GRF	055321	Operating Expenses	$	42,514,169	$	42,514,169	134647
GRF	055405	Law-Related Education	$	100,000	$	100,000	134648
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	134649
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	134650
TOTAL GRF General Revenue Fund			$	44,203,589	$	44,203,589	134651

General Services Fund Group	134652

1060	055612	General Reimbursement	$	43,197,968	$	43,011,277	134653
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	134654
4180	055615	Charitable Foundations	$	7,286,000	$	7,286,000	134655
4200	055603	Attorney General Antitrust	$	1,871,674	$	1,839,074	134656
4210	055617	Police Officers' Training Academy Fee	$	2,124,942	$	2,088,805	134657
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,529,685	$	1,521,731	134658
5900	055633	Peace Officer Private Security Fund	$	98,370	$	98,370	134659
5A90	055618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	134660
5L50	055619	Law Enforcement Assistance Program	$	300,222	$	0	134661
6310	055637	Consumer Protection Enforcement	$	3,799,115	$	3,718,973	134662
TOTAL GSF General Services Fund							134663
Group			$	68,630,980	$	67,987,234	134664

Federal Special Revenue Fund Group	134665

3060	055620	Medicaid Fraud Control	$	4,211,235	$	4,122,399	134666
3810	055611	Civil Rights Legal Service	$	402,540	$	402,540	134667
3830	055634	Crime Victims Assistance	$	13,000,000	$	13,000,000	134668
3E50	055638	Attorney General Pass-Through Funds	$	1,223,606	$	1,222,172	134669
3R60	055613	Attorney General Federal Funds	$	3,823,251	$	3,673,251	134670
TOTAL FED Federal Special Revenue							134671
Fund Group			$	22,660,632	$	22,420,362	134672

State Special Revenue Fund Group	134673

4020	055616	Victims of Crime	$	26,000,000	$	26,000,000	134674
4170	055621	Domestic Violence Shelter	$	25,000	$	25,000	134675
4190	055623	Claims Section	$	44,197,843	$	41,953,025	134676
4L60	055606	DARE Programs	$	4,477,962	$	4,477,962	134677
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	134678
6590	055641	Solid and Hazardous Waste Background Investigations	$	662,227	$	651,049	134679
TOTAL SSR State Special Revenue							134680
Fund Group			$	75,963,032	$	73,707,036	134681

Holding Account Redistribution Fund Group	134682

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	134683
R005	055632	Antitrust Settlements	$	1,000	$	1,000	134684
R018	055630	Consumer Frauds	$	750,000	$	750,000	134685
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	134686
R054	055650	Collection Outside Counsel Payments	$	4,500,000	$	4,500,000	134687
TOTAL 090 Holding Account							134688
Redistribution Fund Group			$	6,276,025	$	6,276,025	134689

Tobacco Master Settlement Agreement Fund Group	134690

J087	055635	Law Enforcement Technology, Training, and Facility Enhancements	$	2,300,000	$	0	134691
U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	2,527,992	$	2,514,690	134692
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	4,827,992	$	2,514,690	134693
TOTAL ALL BUDGET FUND GROUPS			$	222,562,250	$	217,108,936	134694

COUNTY SHERIFFS' PAY SUPPLEMENT

134695

The foregoing appropriation item 055411, County Sheriffs' Pay	134696
Supplement, shall be used for the purpose of supplementing the	134697
annual compensation of county sheriffs as required by section	134698
325.06 of the Revised Code.	134699

At the request of the Attorney General, the Director of	134700
Budget and Management may transfer appropriation from	134701
appropriation item 055321, Operating Expenses, to appropriation	134702
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	134703
transferred shall be used to supplement the annual compensation of	134704
county sheriffs as required by section 325.06 of the Revised Code.	134705

COUNTY PROSECUTORS' PAY SUPPLEMENT

134706

The foregoing appropriation item 055415, County Prosecutors'	134707
Pay Supplement, shall be used for the purpose of supplementing the	134708
annual compensation of certain county prosecutors as required by	134709
section 325.111 of the Revised Code.	134710

At the request of the Attorney General, the Director of	134711
Budget and Management may transfer appropriation from	134712
appropriation item 055321, Operating Expenses, to appropriation	134713
item 055415, County Prosecutors' Pay Supplement. Any appropriation	134714
so transferred shall be used to supplement the annual compensation	134715
of county prosecutors as required by section 325.111 of the	134716
Revised Code.	134717

WORKERS' COMPENSATION SECTION

134718

The Workers' Compensation Fund (Fund 1950) is entitled to	134719
receive payments from the Bureau of Workers' Compensation and the	134720
Ohio Industrial Commission at the beginning of each quarter of	134721
each fiscal year to fund legal services to be provided to the	134722
Bureau of Workers' Compensation and the Ohio Industrial Commission	134723
during the ensuing quarter. The advance payment shall be subject	134724
to adjustment.	134725

In addition, the Bureau of Workers' Compensation shall	134726
transfer payments at the beginning of each quarter for the support	134727
of the Workers' Compensation Fraud Unit.	134728

All amounts shall be mutually agreed upon by the Attorney	134729
General, the Bureau of Workers' Compensation, and the Ohio	134730
Industrial Commission.	134731

ATTORNEY GENERAL PASS-THROUGH FUNDS

134732

The foregoing appropriation item 055638, Attorney General	134733
Pass-Through Funds, shall be used to receive federal grant funds	134734
provided to the Attorney General by other state agencies,	134735
including, but not limited to, the Department of Youth Services	134736
and the Department of Public Safety.	134737

GENERAL HOLDING ACCOUNT

134738

The foregoing appropriation item 055631, General Holding	134739
Account, shall be used to distribute moneys under the terms of	134740
relevant court orders or other settlements received in a variety	134741
of cases involving the Office of the Attorney General. If it is	134742
determined that additional amounts are necessary for this purpose,	134743
the amounts are hereby appropriated.	134744

ANTITRUST SETTLEMENTS

134745

The foregoing appropriation item 055632, Antitrust	134746
Settlements, shall be used to distribute moneys under the terms of	134747
relevant court orders or other out of court settlements in	134748
antitrust cases or antitrust matters involving the Office of the	134749
Attorney General. If it is determined that additional amounts are	134750
necessary for this purpose, the amounts are hereby appropriated.	134751

CONSUMER FRAUDS

134752

The foregoing appropriation item 055630, Consumer Frauds,	134753
shall be used for distribution of moneys from court-ordered	134754
judgments against sellers in actions brought by the Office of	134755
Attorney General under sections 1334.08 and 4549.48 and division	134756
(B) of section 1345.07 of the Revised Code. These moneys shall be	134757
used to provide restitution to consumers victimized by the fraud	134758
that generated the court-ordered judgments. If it is determined	134759
that additional amounts are necessary for this purpose, the	134760
amounts are hereby appropriated.	134761

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

134762

The foregoing appropriation item 055601, Organized Crime	134763
Commission Distributions, shall be used by the Organized Crime	134764
Investigations Commission, as provided by section 177.011 of the	134765
Revised Code, to reimburse political subdivisions for the expenses	134766
the political subdivisions incur when their law enforcement	134767
officers participate in an organized crime task force. If it is	134768
determined that additional amounts are necessary for this purpose,	134769
the amounts are hereby appropriated.	134770

COLLECTION OUTSIDE COUNSEL PAYMENTS

134771

The foregoing appropriation item 055650, Collection Outside	134772
Counsel Payments, shall be used for the purpose of paying	134773
contingency counsel fees for cases where debtors mistakenly paid	134774
the client agencies instead of the Attorney General's Revenue	134775
Recovery/Collections Enforcement Section. If it is determined that	134776
additional amounts are necessary for this purpose, the amounts are	134777
hereby appropriated.	134778

Section 225.10. AUD AUDITOR OF STATE

134779

General Revenue Fund	134780

GRF	070321	Operating Expenses	$	27,434,452	$	27,434,452	134781
GRF	070403	Fiscal Watch/Emergency Technical Assistance	$	800,000	$	800,000	134782
TOTAL GRF General Revenue Fund			$	28,234,452	$	28,234,452	134783

Auditor of State Fund Group	134784

1090	070601	Public Audit Expense - Intra-State	$	9,000,000	$	8,700,000	134785
4220	070602	Public Audit Expense - Local Government	$	31,422,959	$	31,052,999	134786
5840	070603	Training Program	$	181,250	$	181,250	134787
5JZ0	070606	LEAP Revolving Loans	$	850,000	$	650,000	134788
6750	070605	Uniform Accounting Network	$	3,500,000	$	3,500,000	134789
TOTAL AUD Auditor of State Fund							134790
Group			$	44,954,209	$	44,084,249	134791
TOTAL ALL BUDGET FUND GROUPS			$	73,188,661	$	72,318,701	134792

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

134793

The foregoing appropriation item 070403, Fiscal	134794
Watch/Emergency Technical Assistance, shall be used for expenses	134795
incurred by the Office of the Auditor of State in its role	134796
relating to fiscal watch or fiscal emergency activities under	134797
Chapters 118. and 3316. of the Revised Code. Expenses include, but	134798
are not limited to, the following: duties related to the	134799
determination or termination of fiscal watch or fiscal emergency	134800
of municipal corporations, counties, townships, or school	134801
districts; development of preliminary accounting reports;	134802
performance of annual forecasts; provision of performance audits;	134803
and supervisory, accounting, or auditing services for the	134804
municipal corporations, counties, townships, or school districts.	134805

An amount equal to the unexpended, unencumbered portion of	134806
appropriation item 070403, Fiscal Watch/Emergency Technical	134807
Assistance, at the end of fiscal year 2012 is hereby	134808
reappropriated for the same purpose in fiscal year 2013.	134809

Section 227.10. BRB BOARD OF BARBER EXAMINERS

134810

General Services Fund Group	134811

4K90	877609	Operating Expenses	$	656,320	$	649,211	134812
TOTAL GSF General Services Fund							134813
Group			$	656,320	$	649,211	134814
TOTAL ALL BUDGET FUND GROUPS			$	656,320	$	649,211	134815

Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT

134817

General Revenue Fund	134818

GRF	042321	Budget Development and Implementation	$	2,362,025	$	2,378,166	134819
GRF	042416	Office of Health Transformation	$	306,285	$	0	134820
TOTAL GRF General Revenue Fund			$	2,668,310	$	2,378,166	134821

General Services Fund Group	134822

1050	042603	State Accounting and Budgeting	$	21,917,230	$	22,006,331	134823
5N40	042602	OAKS Project Implementation	$	1,358,000	$	1,309,500	134824
5Z80	042608	Office of Health Transformation Administration	$	57,752	$	0	134825
TOTAL GSF General Services Fund Group			$	23,332,982	$	23,315,831	134826

Federal Special Revenue Fund Group	134827

3CM0	042606		Office of Health Transformation - Federal		$	384,037		$	145,500		134828
TOTAL FED Federal Special Revenue Fund Group					$	384,037		$	145,500		134829

Agency Fund Group	134830

5EH0	042604	Forgery Recovery	$	50,000	$	50,000	134831
TOTAL AGY Agency Fund Group			$	50,000	$	50,000	134832
TOTAL ALL BUDGET FUND GROUPS			$	26,435,329	$	25,889,497	134833

AUDIT COSTS AND DUES

134834

All centralized audit costs associated with either Single	134835
Audit Schedules or financial statements prepared in conformance	134836
with generally accepted accounting principles for the state shall	134837
be paid from the foregoing appropriation item 042603, State	134838
Accounting and Budgeting.	134839

Costs associated with the audit of the Auditor of State and	134840
national association dues shall be paid from the foregoing	134841
appropriation item 042321, Budget Development and Implementation.	134842

SHARED SERVICES CENTER

134843

The Director of Budget and Management shall use the OAKS	134844
Project Implementation Fund (Fund 5N40) and the Accounting and	134845
Budgeting Fund (Fund 1050) to support a Shared Services Center	134846
within the Office of Budget and Management for the purpose of	134847
consolidating statewide business functions and common	134848
transactional processes.	134849

The Director of Budget and Management shall include the	134850
recovery of costs to operate the Shared Services Center in the	134851
accounting and budgeting services payroll rate and through a	134852
direct charge using intrastate transfer vouchers to agencies for	134853
services rendered. The Director of Budget and Management shall	134854
determine the cost recovery methodology. Such cost recovery	134855
revenues shall be deposited to the credit of Fund 1050.	134856

INTERNAL CONTROL AND AUDIT OVERSIGHT

134857

The Director of Budget and Management shall include the	134858
recovery of costs to operate the Internal Control and Audit	134859
Oversight Program in the accounting and budgeting services payroll	134860
rate and through a direct charge using intrastate transfer	134861
vouchers to agencies reviewed by the program. The Director of	134862
Budget and Management, with advice from the Internal Audit	134863
Advisory Council, shall determine the cost recovery methodology.	134864
Such cost recovery revenues shall be deposited to the credit of	134865
the Accounting and Budgeting Fund (Fund 1050).	134866

FORGERY RECOVERY

134867

The foregoing appropriation item 042604, Forgery Recovery,	134868
shall be used to reissue warrants that have been certified as	134869
forgeries by the rightful recipient as determined by the Bureau of	134870
Criminal Identification and Investigation and the Treasurer of	134871
State. Upon receipt of funds to cover the reissuance of the	134872
warrant, the Director of Budget and Management shall reissue a	134873
state warrant of the same amount.	134874

GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND

134875

On July 1 of each fiscal year, or as soon as possible	134876
thereafter, the Director of Budget and Management shall transfer	134877
an amount not to exceed $1,100,000 in cash from the General	134878
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).	134879

Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

134880

General Revenue Fund	134881

GRF	874100	Personal Services	$	1,272,017	$	1,272,017	134882
GRF	874320	Maintenance and Equipment	$	529,391	$	529,391	134883
TOTAL GRF General Revenue Fund			$	1,801,408	$	1,801,408	134884

General Services Fund Group	134885

4G50	874603	Capitol Square Education Center and Arts	$	15,000	$	15,000	134886
4S70	874602	Statehouse Gift Shop/Events	$	686,708	$	686,708	134887
TOTAL GSF General Services							134888
Fund Group			$	701,708	$	701,708	134889

Underground Parking Garage	134890

2080	874601	Underground Parking Garage Operations	$	3,290,052	$	3,186,573	134891
TOTAL UPG Underground Parking							134892
Garage			$	3,290,052	$	3,186,573	134893
TOTAL ALL BUDGET FUND GROUPS			$	5,793,168	$	5,689,689	134894

WAREHOUSE PAYMENTS

134895

Of the foregoing appropriation item 874601, Underground	134896
Parking Garage Operations, $48,000 in each fiscal year shall be	134897
used to meet all payments at the times they are required to be	134898
made during the period from July 1, 2011, through June 30, 2013,	134899
to the Ohio Building Authority for bond service charges relating	134900
to the purchase and improvement of a warehouse acquired pursuant	134901
to section 105.41 of the Revised Code, in which to store items of	134902
the Capitol Collection Trust and, whenever necessary, equipment or	134903
other property of the Board.	134904

UNDERGROUND PARKING GARAGE FUND

134905

Notwithstanding division (G) of section 105.41 of the Revised	134906
Code and any other provision to the contrary, moneys in the	134907
Underground Parking Garage Fund (Fund 2080) may be used for	134908
personnel and operating costs related to the operations of the	134909
Statehouse and the Statehouse Underground Parking Garage.	134910

Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND	134911
SCHOOLS	134912

General Services Fund Group	134913

4K90	233601	Operating Expenses	$	558,658	$	579,328	134914
TOTAL GSF General Services Fund Group			$	558,658	$	579,328	134915
TOTAL ALL BUDGET FUND GROUPS			$	558,658	$	579,328	134916

Section 235.10. CAC CASINO CONTROL COMMISSION

134918

State Special Revenue Fund Group	134919

5HS0	955321	Casino Control - Operating	$	8,263,312	$	13,121,283	134920
TOTAL SSR State Special Revenue Fund Group			$	8,263,312	$	13,121,283	134921
TOTAL ALL BUDGET FUND GROUPS			$	8,263,312	$	13,121,283	134922

Section 237.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

134924

General Services Fund Group	134925

4K90	930609	Operating Expenses	$	433,734	$	417,827	134926
TOTAL GSF General Services Fund Group			$	433,734	$	417,827	134927
TOTAL ALL BUDGET FUND GROUPS			$	433,734	$	417,827	134928

Section 239.10. CHR STATE CHIROPRACTIC BOARD

134930

General Services Fund Group	134931

4K90	878609	Operating Expenses	$	592,916	$	584,925	134932
TOTAL GSF General Services Fund Group			$	592,916	$	584,925	134933
TOTAL ALL BUDGET FUND GROUPS			$	592,916	$	584,925	134934

Section 241.10. CIV OHIO CIVIL RIGHTS COMMISSION

134936

General Revenue Fund	134937

GRF	876321		Operating Expenses		$	4,725,784		$	4,725,784		134938
TOTAL GRF General Revenue Fund					$	4,725,784		$	4,725,784		134939

General Services Fund Group	134940

2170	876604	Operations Support	$	8,000	$	8,000	134941
TOTAL GSF General Services							134942
Fund Group			$	8,000	$	8,000	134943

Federal Special Revenue Fund Group	134944

3340	876601	Federal Programs	$	2,762,000	$	2,762,000	134945
TOTAL FED Federal Special Revenue							134946
Fund Group			$	2,762,000	$	2,762,000	134947

TOTAL ALL BUDGET FUND GROUPS

7,495,784

134948

Section 243.10. COM DEPARTMENT OF COMMERCE

134950

General Revenue Fund	134951

GRF	800401		Construction Compliance		$	920,000		$	920,000		134952
TOTAL GRF General Revenue Fund					$	920,000		$	920,000		134953

General Services Fund Group	134954

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	134955
1630	800637	Information Technology	$	5,999,892	$	6,011,977	134956
5430	800602	Unclaimed Funds-Operating	$	7,836,107	$	7,841,473	134957
5430	800625	Unclaimed Funds-Claims	$	69,700,000	$	69,800,000	134958
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	134959
TOTAL GSF General Services Fund							134960
Group			$	90,035,999	$	90,153,450	134961

Federal Special Revenue Fund Group	134962

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	134963
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	134964
TOTAL FED Federal Special Revenue							134965
Fund Group			$	2,685,729	$	2,685,729	134966

State Special Revenue Fund Group	134967

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	134968
4H90	800608	Cemeteries	$	268,067	$	268,293	134969
4X20	800619	Financial Institutions	$	2,186,271	$	1,990,693	134970
5440	800612	Banks	$	7,242,364	$	6,942,336	134971
5450	800613	Savings Institutions	$	2,257,220	$	2,259,536	134972
5460	800610	Fire Marshal	$	15,400,000	$	15,501,562	134973
5460	800639	Fire Department Grants	$	1,698,802	$	1,698,802	134974
5470	800603	Real Estate Education/Research	$	125,000	$	125,000	134975
5480	800611	Real Estate Recovery	$	25,000	$	25,000	134976
5490	800614	Real Estate	$	3,413,708	$	3,332,308	134977
5500	800617	Securities	$	4,312,434	$	4,314,613	134978
5520	800604	Credit Union	$	3,450,390	$	3,450,390	134979
5530	800607	Consumer Finance	$	3,613,016	$	3,516,861	134980
5560	800615	Industrial Compliance	$	27,639,372	$	27,664,695	134981
5FW0	800616	Financial Literacy Education	$	240,000	$	240,000	134982
5GK0	800609	Securities Investor Education/Enforcement	$	1,135,000	$	485,000	134983
5HV0	800641	Cigarette Enforcement	$	120,000	$	120,000	134984
5X60	800623	Video Service	$	340,299	$	340,630	134985
6530	800629	UST Registration/Permit Fee	$	1,854,675	$	1,509,653	134986
6A40	800630	Real Estate Appraiser-Operating	$	699,565	$	648,890	134987
TOTAL SSR State Special Revenue							134988
Fund Group			$	76,056,183	$	74,469,262	134989

Liquor Control Fund Group	134990

7043	800601	Merchandising	$	472,209,274	$	0	134991
7043	800627	Liquor Control Operating	$	13,398,274	$	10,110,479	134992
7043	800633	Development Assistance Debt Service	$	51,973,200	$	0	134993
7043	800636	Revitalization Debt Service	$	21,129,800	$	0	134994
TOTAL LCF Liquor Control							134995
Fund Group			$	558,710,548	$	10,110,479	134996
TOTAL ALL BUDGET FUND GROUPS			$	728,408,459		178,338,920	134997

SMALL GOVERNMENT FIRE DEPARTMENTS

134998

Notwithstanding section 3737.17 of the Revised Code, the	134999
foregoing appropriation item 800635, Small Government Fire	135000
Departments, may be used to provide loans to private fire	135001
departments.	135002

UNCLAIMED FUNDS PAYMENTS

135003

The foregoing appropriation item 800625, Unclaimed	135004
Funds-Claims, shall be used to pay claims under section 169.08 of	135005
the Revised Code. If it is determined that additional amounts are	135006
necessary, the amounts are appropriated.	135007

UNCLAIMED FUNDS TRANSFERS

135008

Notwithstanding division (A) of section 169.05 of the Revised	135009
Code, on or after June 1, 2012, the Director of Budget and	135010
Management shall request the Director of Commerce to transfer to	135011
the General Revenue Fund up to $115,000,000 of unclaimed funds	135012
that have been reported by holders of unclaimed funds under	135013
section 169.05 of the Revised Code, irrespective of the allocation	135014
of the unclaimed funds under that section. After such request has	135015
been made, the Director of Commerce shall transfer the funds prior	135016
to June 30, 2012.	135017

Notwithstanding division (A) of section 169.05 of the Revised	135018
Code, on or after June 1, 2013, the Director of Budget and	135019
Management shall request the Director of Commerce to transfer to	135020
the General Revenue Fund up to $100,000,000 of unclaimed funds	135021
that have been reported by holders of unclaimed funds under	135022
section 169.05 of the Revised Code, irrespective of the allocation	135023
of the unclaimed funds under that section. After such request has	135024
been made, the Director of Commerce shall transfer the funds prior	135025
to June 30, 2013.	135026

FIRE DEPARTMENT GRANTS

135027

Of the foregoing appropriation item 800639, Fire Department	135028
Grants, up to $1,647,140 in each fiscal year shall be used to make	135029
annual grants to volunteer fire departments, fire departments that	135030
serve one or more small municipalities or small townships, joint	135031
fire districts comprised of fire departments that primarily serve	135032
small municipalities or small townships, local units of government	135033
responsible for such fire departments, and local units of	135034
government responsible for the provision of fire protection	135035
services for small municipalities or small townships.	135036

The grants shall be used by recipients to purchase	135037
firefighting or rescue equipment or gear or similar items, to	135038
provide full or partial reimbursement for the documented costs of	135039
firefighter training, or, at the discretion of the State Fire	135040
Marshal, to cover fire department costs for providing fire	135041
protection services in that grant recipient's jurisdiction.	135042

Grant awards for firefighting or rescue equipment or gear or	135043
for fire department costs of providing fire protection services	135044
shall be up to $15,000 per fiscal year, or up to $25,000 per	135045
fiscal year if an eligible entity serves a jurisdiction in which	135046
the Governor declared a natural disaster during the preceding or	135047
current fiscal year in which the grant was awarded. In addition to	135048
any grant funds awarded for rescue equipment or gear, or for fire	135049
department costs associated with the provision of fire protection	135050
services, an eligible entity may receive a grant for up to $15,000	135051
per fiscal year for full or partial reimbursement of the	135052
documented costs of firefighter training. For each fiscal year,	135053
the State Fire Marshal shall determine the total amounts to be	135054
allocated for each eligible purpose.	135055

The grant program shall be administered by the State Fire	135056
Marshal in accordance with rules the State Fire Marshal adopts as	135057
part of the state fire code adopted pursuant to section 3737.82 of	135058
the Revised Code that are necessary for the administration and	135059
operation of the grant program. The rules may further define the	135060
entities eligible to receive grants and establish criteria for the	135061
awarding and expenditure of grant funds, including methods the	135062
State Fire Marshal may use to verify the proper use of grant funds	135063
or to obtain reimbursement for or the return of equipment for	135064
improperly used grant funds. Any amounts in appropriation item	135065
800639, Fire Department Grants, in excess of the amount allocated	135066
for these grants may be used for the administration of the grant	135067
program.	135068

CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR	135069
EDUCATION AND ENFORCEMENT EXPENSE FUND	135070

The Director of Budget and Management, upon the request of	135071
the Director of Commerce, shall transfer up to $485,000 in cash in	135072
each fiscal year from the Division of Securities Fund (Fund 5500)	135073
to the Division of Securities Investor Education and Enforcement	135074
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised	135075
Code.	135076

CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND

135077

The Director of Budget and Management, upon the request of	135078
the Director of Commerce, shall transfer up to $340,000 in cash in	135079
each fiscal year from the Division of Administration Fund (Fund	135080
1630) to the Video Service Authorization Fund (Fund 5X60).	135081

INCREASED APPROPRIATION - MERCHANDISING

135082

The foregoing appropriation item 800601, Merchandising, shall	135083
be used under section 4301.12 of the Revised Code. If it is	135084
determined that additional expenditures are necessary, the amounts	135085
are hereby appropriated.	135086

DEVELOPMENT ASSISTANCE DEBT SERVICE

135087

The foregoing appropriation item 800633, Development	135088
Assistance Debt Service, shall be used to pay debt service and	135089
related financing costs at the times they are required to be made	135090
during the period from July 1, 2011, to June 30, 2012, for bond	135091
service charges on obligations issued under Chapter 166. of the	135092
Revised Code. If it is determined that additional appropriations	135093
are necessary for this purpose, such amounts are appropriated,	135094
subject to the limitations set forth in section 166.11 of the	135095
Revised Code. An appropriation for this purpose is not required,	135096
but is made in this form and in this act for record purposes only.	135097

REVITALIZATION DEBT SERVICE

135098

The foregoing appropriation item 800636, Revitalization Debt	135099
Service, shall be used to pay debt service and related financing	135100
costs at the times they are required to be made pursuant to	135101
sections 151.01 and 151.40 of the Revised Code during the period	135102
from July 1, 2011, to June 30, 2012. If it is determined that	135103
additional appropriations are necessary for this purpose, such	135104
amounts are hereby appropriated. The General Assembly acknowledges	135105
the priority of the pledge of a portion of receipts from that	135106
source to obligations issued and to be issued under Chapter 166.	135107
of the Revised Code.	135108

LIQUOR CONTROL FUND TRANSFER

135109

On January 1, 2012, or as soon as possible thereafter, the	135110
Director of Budget and Management may transfer up to $10,600,000	135111
in cash from the General Revenue Fund to the Liquor Control Fund	135112
(Fund 7043) for the liquor permitting and compliance functions of	135113
the Division of Liquor Control in the Department of Commerce and	135114
for the operations of the Liquor Control Commission and the	135115
Department of Public Safety pursuant to Chapter 4301. of the	135116
Revised Code.	135117

On July 1, 2012, or as soon as possible thereafter, the	135118
Director of Budget and Management may transfer up to $21,400,000	135119
in cash from the General Revenue Fund to the Liquor Control Fund	135120
(Fund 7043) for the liquor permitting and compliance functions of	135121
the Division of Liquor Control in the Department of Commerce and	135122
for the operations of the Liquor Control Commission and the	135123
Department of Public Safety pursuant to Chapter 4301. of the	135124
Revised Code.	135125

ADMINISTRATIVE ASSESSMENTS

135126

Notwithstanding any other provision of law to the contrary,	135127
the Division of Administration Fund (Fund 1630) is entitled to	135128
receive assessments from all operating funds of the Department in	135129
accordance with procedures prescribed by the Director of Commerce	135130
and approved by the Director of Budget and Management.	135131

Section 245.10. OCC OFFICE OF CONSUMERS' COUNSEL

135132

General Services Fund Group	135133

5F50	053601	Operating Expenses	$	5,641,093	$	4,142,070	135134
TOTAL GSF General Services Fund Group			$	5,641,093	$	4,142,070	135135
TOTAL ALL BUDGET FUND GROUPS			$	5,641,093	$	4,142,070	135136

Section 247.10. CEB CONTROLLING BOARD

135138

General Revenue Fund	135139

GRF	911441		Ballot Advertising Costs		$	475,000		$	475,000		135140
TOTAL GRF General Revenue Fund					$	475,000		$	475,000		135141

General Services Fund Group	135142

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	135143
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	135144
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	10,475,000	135145

FEDERAL SHARE

135146

In transferring appropriations to or from appropriation items	135147
that have federal shares identified in this act, the Controlling	135148
Board shall add or subtract corresponding amounts of federal	135149
matching funds at the percentages indicated by the state and	135150
federal division of the appropriations in this act. Such changes	135151
are hereby appropriated.	135152

DISASTER SERVICES

135153

Pursuant to requests submitted by the Department of Public	135154
Safety, the Controlling Board may approve transfers from the	135155
Disaster Services Fund (5E20) to a fund and appropriation item	135156
used by the Department of Public Safety to provide for assistance	135157
to political subdivisions made necessary by natural disasters or	135158
emergencies. These transfers may be requested and approved prior	135159
to the occurrence of any specific natural disasters or emergencies	135160
in order to facilitate the provision of timely assistance. The	135161
Emergency Management Agency of the Department of Public Safety	135162
shall use the funding to fund the State Disaster Relief Program	135163
for disasters that have been declared by the Governor, and the	135164
State Individual Assistance Program for disasters that have been	135165
declared by the Governor and the federal Small Business	135166
Administration. The Ohio Emergency Management Agency shall publish	135167
and make available application packets outlining procedures for	135168
the State Disaster Relief Program and the State Individual	135169
Assistance Program.	135170

Fund 5E20 shall be used by the Controlling Board, pursuant to	135171
requests submitted by state agencies, to transfer cash and	135172
appropriations to any fund and appropriation item for the payment	135173
of state agency disaster relief program expenses for disasters	135174
declared by the Governor, if the Director of Budget and Management	135175
determines that sufficient funds exist.	135176

BALLOT ADVERTISING COSTS

135177

Pursuant to section 3501.17 of the Revised Code, and upon	135178
requests submitted by the Secretary of State, the Controlling	135179
Board shall approve transfers from the foregoing appropriation	135180
item 911441, Ballot Advertising Costs, to appropriation item	135181
050621, Statewide Ballot Advertising, in order to pay for the cost	135182
of public notices associated with statewide ballot initiatives.	135183

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	135184
ELIGIBILITY	135185

A state agency director shall request that the Controlling	135186
Board increase the amount of the agency's capital appropriations	135187
if the director determines such an increase is necessary for the	135188
agency to receive and use funds under the federal American	135189
Recovery and Reinvestment Act of 2009. The Controlling Board may	135190
increase the capital appropriations pursuant to the request up to	135191
the exact amount necessary under the federal act if the Board	135192
determines it is necessary for the agency to receive and use those	135193
federal funds.	135194

Section 249.10. COS STATE BOARD OF COSMETOLOGY

135195

General Services Fund Group	135196

4K90	879609	Operating Expenses	$	3,439,545	$	3,364,030	135197
TOTAL GSF General Services Fund							135198
Group			$	3,439,545	$	3,364,030	135199
TOTAL ALL BUDGET FUND GROUPS			$	3,439,545	$	3,364,030	135200

Section 251.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	135202
AND FAMILY THERAPIST BOARD	135203

General Services Fund Group	135204

4K90	899609	Operating Expenses	$	1,204,235	$	1,234,756	135205
TOTAL GSF General Services Fund							135206
Group			$	1,204,235	$	1,234,756	135207
TOTAL ALL BUDGET FUND GROUPS			$	1,204,235	$	1,234,756	135208

Section 253.10. CLA COURT OF CLAIMS

135210

General Revenue Fund	135211

GRF	015321		Operating Expenses		$	2,573,508		$	2,501,052		135212
TOTAL GRF General Revenue Fund					$	2,573,508		$	2,501,052		135213

State Special Revenue Fund Group	135214

5K20	015603	CLA Victims of Crime	$	1,582,684	$	1,582,684	135215
TOTAL SSR State Special Revenue							135216
Fund Group			$	1,582,684	$	1,582,684	135217
TOTAL ALL BUDGET FUND GROUPS			$	4,156,192	$	4,083,736	135218

Section 255.10. AFC OHIO CULTURAL FACILITIES COMMISSION

135220

General Revenue Fund	135221

GRF	371321	Operating Expenses	$	98,636	$	98,636	135222
GRF	371401	Lease Rental Payments	$	27,804,900	$	28,465,000	135223
TOTAL GRF General Revenue Fund			$	27,903,536	$	28,563,636	135224

State Special Revenue Fund Group	135225

4T80	371601	Riffe Theatre Equipment Maintenance	$	80,891	$	80,891	135226
4T80	371603	Project Administration Services	$	1,200,000	$	1,200,000	135227
TOTAL SSR State Special Revenue Group			$	1,280,891	$	1,280,891	135228
TOTAL ALL BUDGET FUND GROUPS			$	29,184,427	$	29,844,527	135229

LEASE RENTAL PAYMENTS

135230

The foregoing appropriation item 371401, Lease Rental	135231
Payments, shall be used to meet all payments at the times they are	135232
required to be made during the period from July 1, 2011 through	135233
June 30, 2013, from the Ohio Cultural Facilities Commission under	135234
the primary leases and agreements for those arts and sports	135235
facilities made under Chapters 152. and 154. of the Revised Code.	135236
These appropriations are the source of funds pledged for bond	135237
service charges on related obligations issued under Chapters 152.	135238
and 154. of the Revised Code.	135239

OPERATING EXPENSES

135240

The foregoing appropriation item 371321, Operating Expenses,	135241
shall be used by the Ohio Cultural Facilities Commission to carry	135242
out its responsibilities under this section and Chapter 3383. of	135243
the Revised Code.	135244

The foregoing appropriation item 371603, Project	135245
Administration Services, shall be used by the Ohio Cultural	135246
Facilities Commission in administering Cultural and Sports	135247
Facilities Building Fund (Fund 7030) projects pursuant to Chapter	135248
3383. of the Revised Code.	135249

By the tenth day following each calendar quarter in each	135250
fiscal year, or as soon as possible thereafter, the Director of	135251
Budget and Management shall determine the amount of cash from	135252
interest earnings to be transferred from the Cultural and Sports	135253
Facilities Building Fund (Fund 7030) to the Cultural Facilities	135254
Commission Administration Fund (Fund 4T80).	135255

As soon as possible after each bond issuance made on behalf	135256
of the Cultural Facilities Commission, the Director of Budget and	135257
Management shall determine the amount of cash from any premium	135258
paid on each issuance that is available to be transferred, after	135259
all issuance costs have been paid, from the Cultural and Sports	135260
Facilities Building Fund (Fund 7030) to the Cultural Facilities	135261
Commission Administration Fund (Fund 4T80).	135262

CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS

135263

The Executive Director of the Cultural Facilities Commission	135264
shall certify to the Director of Budget and Management the amount	135265
of cash receipts and related investment income, irrevocable	135266
letters of credit from a bank, or certification of the	135267
availability of funds that have been received from a county or a	135268
municipal corporation for deposit into the Capital Donations Fund	135269
(Fund 5A10) and that are related to an anticipated project. These	135270
amounts are hereby appropriated to appropriation item C37146,	135271
Capital Donations. Prior to certifying these amounts to the	135272
Director, the Executive Director shall make a written agreement	135273
with the participating entity on the necessary cash flows required	135274
for the anticipated construction or equipment acquisition project.	135275

Section 257.10. DEN STATE DENTAL BOARD

135276

General Services Fund Group	135277

4K90	880609	Operating Expenses	$	1,574,715	$	1,545,684	135278
TOTAL GSF General Services Fund							135279
Group			$	1,574,715	$	1,545,684	135280
TOTAL ALL BUDGET FUND GROUPS			$	1,574,715	$	1,545,684	135281

Section 259.10. BDP BOARD OF DEPOSIT

135283

General Services Fund Group	135284

4M20	974601	Board of Deposit	$	1,876,000	$	1,876,000	135285
TOTAL GSF General Services Fund							135286
Group			$	1,876,000	$	1,876,000	135287
TOTAL ALL BUDGET FUND GROUPS			$	1,876,000	$	1,876,000	135288

BOARD OF DEPOSIT EXPENSE FUND

135289

Upon receiving certification of expenses from the Treasurer	135290
of State, the Director of Budget and Management shall transfer	135291
cash from the Investment Earnings Redistribution Fund (Fund 6080)	135292
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund	135293
shall be used pursuant to section 135.02 of the Revised Code to	135294
pay for any and all necessary expenses of the Board of Deposit or	135295
for banking charges and fees required for the operation of the	135296
State of Ohio Regular Account.	135297

Section 261.10. DEV DEPARTMENT OF DEVELOPMENT

135298

General Revenue Fund	135299

GRF	195401	Thomas Edison Program	$	13,820,354	$	0	135300
GRF	195402	Coal Development Office	$	260,983	$	261,205	135301
GRF	195404	Small Business Development	$	1,565,770	$	0	135302
GRF	195405	Minority Business Enterprise Division	$	1,118,528	$	0	135303
GRF	195407	Travel and Tourism	$	5,000,000	$	0	135304
GRF	195412	Rapid Outreach Grants	$	9,000,000	$	0	135305
GRF	195415	Strategic Business Investment Division and Regional Offices	$	4,500,000	$	0	135306
GRF	195416	Governor's Office of Appalachia	$	3,700,000	$	3,700,000	135307
GRF	195422	Technology Action	$	547,341	$	0	135308
GRF	195426	Clean Ohio Implementation	$	468,365	$	0	135309
GRF	195432	Global Markets	$	3,500,000	$	0	135310
GRF	195434	Industrial Training Grants	$	10,000,000	$	0	135311
GRF	195497	CDBG Operating Match	$	1,015,000	$	0	135312
GRF	195501	Appalachian Local Development Districts	$	391,482	$	391,482	135313
GRF	195502	Appalachian Regional Commission Dues	$	195,000	$	195,000	135314
GRF	195528	Economic Development Projects	$	0	$	25,943,518	135315
GRF	195901	Coal Research & Development General Obligation Debt Service	$	7,861,100	$	5,577,700	135316
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	29,323,300	$	63,640,300	135317
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	9,859,200	$	15,680,500	135318
TOTAL GRF General Revenue Fund			$	102,126,423	$	115,389,705	135319

General Services Fund Group	135320

1350	195684	Supportive Services	$	11,700,000	$	11,700,000	135321
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	135322
5AD0	195633	Legacy Projects	$	15,000,000	$	15,000,000	135323
5AD0	195677	Economic Development Contingency	$	10,000,000	$	0	135324
5W50	195690	Travel and Tourism Cooperative Projects	$	50,000	$	50,000	135325
6850	195636	Direct Cost Recovery Expenditures	$	750,000	$	750,000	135326
TOTAL GSF General Services Fund							135327
Group			$	40,000,000	$	30,000,000	135328

Federal Special Revenue Fund Group	135329

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	135330
3080	195603	Housing and Urban Development	$	6,000,000	$	6,000,000	135331
3080	195605	Federal Projects	$	85,028,606	$	85,470,106	135332
3080	195609	Small Business Administration	$	6,438,143	$	5,511,381	135333
3080	195618	Energy Federal Grants	$	38,000,000	$	3,400,000	135334
3350	195610	Energy Conservation and Emerging Technology	$	1,100,000	$	1,100,000	135335
3AE0	195643	Workforce Development Initiatives	$	16,300,000	$	16,300,000	135336
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	3,000,000	$	42,485	135337
3EG0	195608	Federal Energy Training	$	5,000,000	$	1,344,056	135338
3K80	195613	Community Development Block Grant	$	76,795,818	$	65,210,000	135339
3K90	195611	Home Energy Assistance Block Grant	$	115,743,608	$	115,743,608	135340
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	135341
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	135342
3V10	195601	HOME Program	$	40,000,000	$	40,000,000	135343
TOTAL FED Federal Special Revenue							135344
Fund Group			$	443,121,392	$	389,836,853	135345

State Special Revenue Fund Group	135346

4500	195624	Minority Business Bonding Program Administration	$	160,110	$	159,069	135347
4510	195625	Economic Development Financing Operating	$	3,000,000	$	3,000,000	135348
4F20	195639	State Special Projects	$	180,437	$	180,436	135349
4F20	195676	Marketing Initiatives	$	5,000,000	$	0	135350
4F20	195699	Utility Provided Funds	$	500,000	$	500,000	135351
4S00	195630	Tax Incentive Programs	$	650,800	$	650,800	135352
5CG0	195679	Alterative Fuel Transportation	$	750,000	$	750,000	135353
5HJ0	195604	Motion Picture Tax Credit Program	$	50,000	$	50,000	135354
5HR0	195526	Ohio Workforce Job Training	$	20,000,000	$	30,000,000	135355
5JR0	195656	New Market Tax Credit Program	$	50,000	$	50,000	135356
5KD0	195621	Brownfield Stormwater Loan	$	50,000	$	50,000	135357
5M40	195659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	135358
5M50	195660	Advanced Energy Programs	$	8,000,000	$	0	135359
5W60	195691	International Trade Cooperative Projects	$	160,000	$	160,000	135360
6170	195654	Volume Cap Administration	$	94,397	$	92,768	135361
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	135362
TOTAL SSR State Special Revenue							135363
Fund Group			$	336,645,744	$	333,643,073	135364

Facilities Establishment Fund Group	135365

5S90	195628	Capital Access Loan Program	$	1,500,000	$	1,500,000	135366
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	135367
7010	195665	Research and Development	$	22,000,000	$	22,000,000	135368
7037	195615	Facilities Establishment	$	55,000,000	$	55,000,000	135369
TOTAL 037 Facilities							135370
Establishment Fund Group			$	93,500,000	$	93,500,000	135371

Clean Ohio Revitalization Fund	135372

7003	195663		Clean Ohio Operating		$	950,000		$	950,000		135373
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		135374

Third Frontier Research & Development Fund Group	135375

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	135376
7011	195687	Third Frontier Research & Development Projects	$	183,850,250	$	133,850,250	135377
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	135378
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	135379
TOTAL 011 Third Frontier Research & Development Fund Group			$	225,000,000	$	175,000,000	135380

Job Ready Site Development Fund Group	135381

7012	195688		Job Ready Site Operating		$	800,000		$	800,000		135382
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		135383

Tobacco Master Settlement Agreement Fund Group	135384

M087	195435	Biomedical Research and Technology Transfer	$	1,999,224	$	1,999,224	135385
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,999,224	$	1,999,224	135386
TOTAL ALL BUDGET FUND GROUPS			$	1,244,142,783	$	1,141,118,855	135387

Section 261.10.10. THOMAS EDISON PROGRAM

135389

The foregoing appropriation item 195401, Thomas Edison	135390
Program, shall be used for the purposes of sections 122.28 to	135391
122.38 of the Revised Code. Of the foregoing appropriation item	135392
195401, Thomas Edison Program, not more than ten per cent in each	135393
fiscal year shall be used for operating expenditures in	135394
administering the programs of the Technology and Innovation	135395
Division.	135396

Section 261.10.20. SMALL BUSINESS DEVELOPMENT

135397

The foregoing appropriation item 195404, Small Business	135398
Development, shall be used as matching funds for grants from the	135399
United States Small Business Administration and other federal	135400
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.	135401
L. No. 98-395 (1984), and regulations and policy guidelines for	135402
the programs pursuant thereto. This appropriation item also may be	135403
used to provide grants to local organizations to support the	135404
operation of small business development centers and other local	135405
economic development activities that promote small business	135406
development and entrepreneurship.	135407

Section 261.10.30. RAPID OUTREACH GRANTS

135408

Appropriation item 195412, Rapid Outreach Grants, shall be	135409
used as an incentive for attracting, expanding, and retaining	135410
business opportunities for the state in accordance with Chapter	135411
166. of the Revised Code. Of the amount appropriated, no more than	135412
five per cent in each fiscal year shall be used for administrative	135413
costs of the Rapid Outreach Program.	135414

The department shall award funds directly to business	135415
entities considering Ohio for their expansion or new site location	135416
opportunities. Rapid Outreach grants shall be used by recipients	135417
to purchase equipment, make infrastructure improvements, make real	135418
property improvements, or fund other fixed assets. To meet the	135419
particular needs of economic development in a region, the	135420
department may elect to award funds directly to a political	135421
subdivision to assist with making on- or off-site infrastructure	135422
improvements to water and sewage treatment facilities, electric or	135423
gas service connections, fiber optic access, rail facilities, site	135424
preparation, and parking facilities. The Director of Development	135425
may recommend that the funds be used for alternative purposes when	135426
considered appropriate to satisfy an economic development	135427
opportunity or need deemed extraordinary in nature by the Director	135428
including, but not limited to, construction, rehabilitation, and	135429
acquisition projects for rail freight assistance as requested by	135430
the Department of Transportation. The Director of Transportation	135431
shall submit the proposed projects to the Director of Development	135432
for an evaluation of potential economic benefit.	135433

Moneys awarded directly to business entities from the	135434
foregoing appropriation item 195412, Rapid Outreach Grants, may be	135435
expended only after the submission of a request to the Controlling	135436
Board by the Department of Development outlining the planned use	135437
of the funds, and the subsequent approval of the request by the	135438
Controlling Board.	135439

Section 261.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND	135440
REGIONAL OFFICES	135441

The foregoing appropriation item 195415, Strategic Business	135442
Investment Division and Regional Offices, shall be used for the	135443
operating expenses of the Strategic Business Investment Division	135444
and the regional economic development offices and for grants for	135445
cooperative economic development ventures.	135446

Section 261.10.50. GOVERNOR'S OFFICE OF APPALACHIA

135447

The foregoing appropriation item 195416, Governor's Office of	135448
Appalachia, may be used for the administrative costs of planning	135449
and liaison activities for the Governor's Office of Appalachia, to	135450
provide financial assistance to projects in Ohio's Appalachian	135451
counties, and to match federal funds from the Appalachian Regional	135452
Commission.	135453

Section 261.10.60. TECHNOLOGY ACTION

135454

The foregoing appropriation item 195422, Technology Action,	135455
shall be used for operating expenses the Department of Development	135456
incurs for administering sections 184.10 to 184.20 of the Revised	135457
Code. If the appropriation is insufficient to cover the operating	135458
expenses, the Department may request Controlling Board approval to	135459
appropriate the additional amount needed in appropriation item	135460
195686, Third Frontier Operating. The Department shall not request	135461
an amount in excess of the amount needed.	135462

Section 261.10.70. CLEAN OHIO IMPLEMENTATION

135463

The foregoing appropriation item 195426, Clean Ohio	135464
Implementation, shall be used to fund the costs of administering	135465
the Clean Ohio Revitalization program and other urban	135466
revitalization programs that may be implemented by the Department	135467
of Development.	135468

Section 261.10.80. GLOBAL MARKETS

135469

The foregoing appropriation item 195432, Global Markets,	135470
shall be used to administer Ohio's foreign trade and investment	135471
programs, including operation and maintenance of Ohio's	135472
out-of-state trade and investment offices. This appropriation item	135473
also shall be used to fund the Global Markets Division and to	135474
assist Ohio manufacturers, agricultural producers, and service	135475
providers in exporting to foreign countries and to assist in the	135476
attraction of foreign direct investment.	135477

Section 261.10.90. OHIO WORKFORCE GUARANTEE PROGRAM

135478

The foregoing appropriation item 195434, Industrial Training	135479
Grants, may be used for the Ohio Workforce Guarantee Program to	135480
promote training through grants to businesses and, in the case of	135481
a business consortium, training and education providers for the	135482
reimbursement of eligible training expenses.	135483

Section 261.20.10. ECONOMIC DEVELOPMENT PROJECTS

135484

The foregoing appropriation item 195528, Economic Development	135485
Projects, may be used for the purposes of Chapter 122. of the	135486
Revised Code. This appropriation item is made in anticipation of	135487
the evaluation of all powers, functions, and duties of the	135488
Department of Development by the Director of Development, as	135489
prescribed in Section 187.05 of the Revised Code. It is the intent	135490
of the General Assembly that the appropriations in the	135491
appropriation item be reallocated upon completion of the	135492
evaluation.	135493

Section 261.20.20. OHIO FILM OFFICE

135494

The Ohio Film Office shall promote media productions in the	135495
state and help the industry optimize its production experience in	135496
the state by enhancing local economies through increased	135497
employment and tax revenues and ensuring an accurate portrayal of	135498
Ohio. The Office shall serve as an informational clearinghouse and	135499
provide technical assistance to the media production industry and	135500
business entities engaged in media production in the state. The	135501
Office shall promote Ohio as the ideal site for media production	135502
and help those in the industry benefit from their experience in	135503
the state.	135504

The primary objective of the Office shall be to encourage	135505
development of a strong capital base for electronic media	135506
production in order to achieve an independent, self-supporting	135507
industry in Ohio. Other objectives shall include:	135508

(A) Attracting private investment for the electronic media	135509
production industry;	135510

(B) Developing a tax infrastructure that encourages private	135511
investment; and	135512

(C) Encouraging increased employment opportunities within	135513
this sector and increased competition with other states.	135514

Section 261.20.30. COAL RESEARCH AND DEVELOPMENT GENERAL	135515
OBLIGATION DEBT SERVICE	135516

The foregoing appropriation line item 195901, Coal Research	135517
and Development General Obligation Debt Service, shall be used to	135518
pay all debt service and related financing costs during the period	135519
July 1, 2011, through June 30, 2013 for obligations issued under	135520
sections 151.01 and 151.07 of the Revised Code.	135521

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	135522
SERVICE	135523

The foregoing appropriation item 195905, Third Frontier	135524
Research & Development General Obligation Debt Service, shall be	135525
used to pay all debt service and related financing costs during	135526
the period from July 1, 2011, through June 30, 2013, on	135527
obligations issued for research and development purposes under	135528
sections 151.01 and 151.10 of the Revised Code.	135529

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

135530

The foregoing appropriation item 195912, Job Ready Site	135531
Development General Obligation Debt Service, shall be used to pay	135532
all debt service and related financing costs during the period	135533
from July 1, 2011, through June 30, 2013, on obligations issued	135534
for job ready site development purposes under sections 151.01 and	135535
151.11 of the Revised Code.	135536

Section 261.20.40. SUPPORTIVE SERVICES

135537

The Director of Development may assess divisions of the	135538
department for the cost of central service operations. An	135539
assessment shall contain the characteristics of administrative	135540
ease and uniform application. A division's payments shall be	135541
credited to the Supportive Services Fund (Fund 1350) using an	135542
intrastate transfer voucher.	135543

ECONOMIC DEVELOPMENT CONTINGENCY

135544

The foregoing appropriation item 195677, Economic Development	135545
Contingency, may be used to award funds directly to either (1)	135546
business entities considering Ohio for expansion or new site	135547
location opportunities or (2) political subdivisions to assist	135548
with necessary costs involved in attracting a business entity. In	135549
addition, the Director of Development may award funds for	135550
alternative purposes when appropriate to satisfy an economic	135551
development opportunity or need deemed extraordinary in nature by	135552
the Director.	135553

DIRECT COST RECOVERY EXPENDITURES

135554

The foregoing appropriation item 195636, Direct Cost Recovery	135555
Expenditures, shall be used for reimbursable costs. Revenues to	135556
the General Reimbursement Fund (Fund 6850) shall consist of moneys	135557
charged for administrative costs that are not central service	135558
costs.	135559

Section 261.20.50. HEAP WEATHERIZATION

135560

Up to fifteen per cent of the federal funds deposited to the	135561
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)	135562
may be expended from appropriation item 195614, HEAP	135563
Weatherization, to provide home weatherization services in the	135564
state as determined by the Director of Development. Any transfers	135565
or increases in appropriation for the foregoing appropriation	135566
items 195614, HEAP Weatherization, or 195611, Home Energy	135567
Assistance Block Grant, shall be subject to approval by the	135568
Controlling Board.	135569

Section 261.20.60. STATE SPECIAL PROJECTS

135570

The State Special Projects Fund (Fund 4F20), may be used for	135571
the deposit of private-sector funds from utility companies and for	135572
the deposit of other miscellaneous state funds. State moneys so	135573
deposited shall be used to match federal housing grants for the	135574
homeless and to market economic development opportunities in the	135575
state. Private-sector moneys shall be deposited for use in	135576
appropriation item 195699, Utility Provided Funds, and shall be	135577
used to (1) pay the expenses of verifying the income-eligibility	135578
of HEAP applicants, (2) leverage additional federal funds, (3)	135579
fund special projects to assist homeless individuals, (4) fund	135580
special projects to assist with the energy efficiency of	135581
households eligible to participate in the Percentage of Income	135582
Payment Plan, and (5) assist with training programs for agencies	135583
that administer low-income customer assistance programs.	135584

Section 261.20.70. TAX INCENTIVE PROGRAMS OPERATING

135585

The foregoing appropriation item 195630, Tax Incentive	135586
Programs, shall be used for the operating costs of the Office of	135587
Grants and Tax Incentives.	135588

Section 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN

135589

All repayments from the Minority Development Financing	135590
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	135591
Program shall be deposited in the State Treasury to the credit of	135592
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating	135593
costs of administering the Minority Business Enterprise Loan Fund	135594
may be paid from the Minority Business Enterprise Loan Fund (Fund	135595
4W10).	135596

MINORITY BUSINESS BONDING FUND

135597

Notwithstanding Chapters 122., 169., and 175. of the Revised	135598
Code, the Director of Development may, upon the recommendation of	135599
the Minority Development Financing Advisory Board, pledge up to	135600
$10,000,000 in the fiscal year 2012-fiscal year 2013 biennium of	135601
unclaimed funds administered by the Director of Commerce and	135602
allocated to the Minority Business Bonding Program under section	135603
169.05 of the Revised Code. The transfer of any cash by the	135604
Director of Budget and Management from the Department of	135605
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of	135606
Development's Minority Business Bonding Fund (Fund 4490) shall	135607
occur, if requested by the Director of Development, only if such	135608
funds are needed for payment of losses arising from the Minority	135609
Business Bonding Program, and only after proceeds of the initial	135610
transfer of $2,700,000 by the Controlling Board to the Minority	135611
Business Bonding Program has been used for that purpose. Moneys	135612
transferred by the Director of Budget and Management from the	135613
Department of Commerce for this purpose may be moneys in custodial	135614
funds held by the Treasurer of State. If expenditures are required	135615
for payment of losses arising from the Minority Business Bonding	135616
Program, such expenditures shall be made from appropriation item	135617
195623, Minority Business Bonding Contingency in the Minority	135618
Business Bonding Fund, and such amounts are hereby appropriated.	135619

Section 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS

135620

(A) On July 1, 2011, or as soon as possible thereafter, the	135621
Director of Budget and Management shall transfer up to $20,000,000	135622
from the Economic Development Programs Fund (Fund 5JC0) used by	135623
the Board of Regents to the Ohio Incumbent Workforce Job Training	135624
Fund (Fund 5HR0) used by the Department of Development.	135625

On July 1, 2012, or as soon as possible thereafter, the	135626
Director of Budget and Management shall transfer up to $30,000,000	135627
from the Economic Development Programs Fund (Fund 5JC0) used by	135628
the Board of Regents to the Ohio Incumbent Workforce Job Training	135629
Fund (Fund 5HR0) used by the Department of Development.	135630

(B) Of the foregoing appropriation item 195526, Ohio	135631
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and	135632
up to $30,000,000 in fiscal year 2013 shall be used to support the	135633
Ohio Incumbent Workforce Training Voucher Program. The Director of	135634
Development and the Chief Investment Officer of JobsOhio may enter	135635
into an agreement to operate the program pursuant to the contract	135636
between the Department of Development and JobsOhio under section	135637
187.04 of the Revised Code. The agreement may include a provision	135638
for granting, loaning, or transferring funds from appropriation	135639
item 195526, Ohio Incumbent Workforce Job Training, to JobsOhio to	135640
provide training for incumbent workers.	135641

(C) Regardless of any agreement between the Director and the	135642
Chief Investment Officer under division (B) of this section, the	135643
Ohio Incumbent Workforce Training Voucher Program shall conform to	135644
guidelines for the operation of the program, including, but not	135645
limited to, the following:	135646

(1) A requirement that a training voucher under the program	135647
shall not exceed $6,000 per worker per year;	135648

(2) A provision for an employer of an eligible employee to	135649
apply for a voucher on behalf of the eligible employee;	135650

(3) A provision for an eligible employee to apply directly	135651
for a training voucher with the pre-approval of the employee's	135652
employer; and	135653

(4) A requirement that an employee participating in the	135654
program, or the employee's employer, shall pay for not less than	135655
thirty-three per cent of the training costs under the program.	135656

Section 261.30.10. ADVANCED ENERGY FUND

135657

The foregoing appropriation item 195660, Advanced Energy	135658
Programs, shall be used to provide financial assistance to	135659
customers for eligible advanced energy projects for residential,	135660
commercial, and industrial business, local government, educational	135661
institution, nonprofit, and agriculture customers, and to pay for	135662
the program's administrative costs as provided in sections 4928.61	135663
to 4928.63 of the Revised Code and rules adopted by the Director	135664
of Development.	135665

On July 1 of each fiscal year, or as soon as possible	135666
thereafter, the Director of Budget and Management shall transfer	135667
$750,000 in cash from the Advanced Energy Fund (Fund 5M50) to the	135668
Alternative Fuel Transportation Grant Fund (Fund 5CG0).	135669

VOLUME CAP ADMINISTRATION

135670

The foregoing appropriation item 195654, Volume Cap	135671
Administration, shall be used for expenses related to the	135672
administration of the Volume Cap Program. Revenues received by the	135673
Volume Cap Administration Fund (Fund 6170) shall consist of	135674
application fees, forfeited deposits, and interest earned from the	135675
custodial account held by the Treasurer of State.	135676

Section 261.30.20. INNOVATION OHIO LOAN FUND

135677

The foregoing appropriation item 195664, Innovation Ohio,	135678
shall be used to provide for innovation Ohio purposes, including	135679
loan guarantees and loans under Chapter 166. and particularly	135680
sections 166.12 to 166.16 of the Revised Code.	135681

RESEARCH AND DEVELOPMENT

135682

The foregoing appropriation item 195665, Research and	135683
Development, shall be used to provide for research and development	135684
purposes, including loans, under Chapter 166. and particularly	135685
sections 166.17 to 166.21 of the Revised Code.	135686

LOGISTICS AND DISTRIBUTION INFRASTRUCTURE

135687

Appropriation item 195698, Logistics and Distribution	135688
Infrastructure, shall be used for eligible logistics and	135689
distribution infrastructure projects as defined in section 166.01	135690
of the Revised Code. Any unexpended and unencumbered portion of	135691
the appropriation item at the end of fiscal year 2011 is hereby	135692
reappropriated for the same purpose in fiscal year 2012, and any	135693
unexpended and unencumbered portion of the appropriation item at	135694
the end of fiscal year 2012 is hereby reappropriated for the same	135695
purpose in fiscal year 2013.	135696

After all encumbrances have been paid, the Director of Budget	135697
and Management shall transfer the remaining cash balance in the	135698
Logistics and Distribution Infrastructure Fund (Fund 7008) to the	135699
Facilities Establishment Fund (Fund 7037).	135700

FACILITIES ESTABLISHMENT FUND

135701

The foregoing appropriation item 195615, Facilities	135702
Establishment (Fund 7037), shall be used for the purposes of the	135703
Facilities Establishment Fund under Chapter 166. of the Revised	135704
Code.	135705

Notwithstanding Chapter 166. of the Revised Code, an amount	135706
not to exceed $1,000,000 in cash in fiscal year 2012 may be	135707
transferred from the Facilities Establishment Fund (Fund 7037) to	135708
the Economic Development Financing Operating Fund (Fund 4510). The	135709
transfer is subject to Controlling Board approval under division	135710
(B) of section 166.03 of the Revised Code.	135711

Notwithstanding Chapter 166. of the Revised Code, the	135712
Director of Budget and Management may transfer an amount not to	135713
exceed $2,500,000 in cash in each fiscal year from the Facilities	135714
Establishment Fund (Fund 7037) to the Minority Business Enterprise	135715
Loan Fund (Fund 4W10).	135716

On July 1, 2011, or as soon as possible thereafter, the	135717
Director of Budget and Management shall transfer the unexpended	135718
and unencumbered cash balance in the Urban Development Loans Fund	135719
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).	135720

On July 1, 2011, or as soon as possible thereafter, the	135721
Director of Budget and Management shall transfer the unexpended	135722
and unencumbered cash balance in the Rural Industrial Park Loan	135723
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).	135724

CAPITAL ACCESS LOAN PROGRAM

135725

The foregoing appropriation item 195628, Capital Access Loan	135726
Program, shall be used for operating, program, and administrative	135727
expenses of the program. Funds of the Capital Access Loan Program	135728
shall be used to assist participating financial institutions in	135729
making program loans to eligible businesses that face barriers in	135730
accessing working capital and obtaining fixed-asset financing.	135731

Section 261.30.30. CLEAN OHIO OPERATING EXPENSES

135732

The foregoing appropriation item 195663, Clean Ohio	135733
Operating, shall be used by the Department of Development in	135734
administering Clean Ohio Revitalization Fund (Fund 7003) projects	135735
pursuant to sections 122.65 to 122.658 of the Revised Code.	135736

Section 261.30.40. THIRD FRONTIER OPERATING

135737

The foregoing appropriation items 195686, Third Frontier	135738
Operating, and 195620, Third Frontier Operating - Tax, shall be	135739
used for operating expenses incurred by the Department of	135740
Development in administering projects pursuant to sections 184.10	135741
to 184.20 of the Revised Code. Operating expenses paid from item	135742
195686 shall be limited to the administration of projects funded	135743
from the Third Frontier Research & Development Fund (Fund 7011)	135744
and operating expenses paid from item 195620 shall be limited to	135745
the administration of projects funded from the Third Frontier	135746
Research & Development Taxable Bond Project Fund (Fund 7014).	135747

Section 261.30.50. THIRD FRONTIER RESEARCH AND DEVELOPMENT	135748
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS	135749

The foregoing appropriation items 195687, Third Frontier	135750
Research & Development Projects, 195692, Research & Development	135751
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,	135752
shall be used by the Department of Development to fund selected	135753
projects. Eligible costs are those costs of research and	135754
development projects to which the proceeds of the Third Frontier	135755
Research & Development Fund (Fund 7011) and the Research &	135756
Development Taxable Bond Project Fund (Fund 7014) are to be	135757
applied.	135758

TRANSFERS OF THIRD FRONTIER APPROPRIATIONS

135759

The Director of Budget and Management may approve written	135760
requests from the Director of Development for the transfer of	135761
appropriations between appropriation items 195687, Third Frontier	135762
Research & Development Projects, and 195692, Research &	135763
Development Taxable Bond Projects, based upon awards recommended	135764
by the Third Frontier Commission. The transfers are subject to	135765
approval by the Controlling Board.	135766

On or before June 30, 2012, any unexpended and unencumbered	135767
portions of the foregoing appropriation items 195687, Third	135768
Frontier Research & Development Projects, and 195692, Research &	135769
Development Taxable Bond Projects, for fiscal year 2012 are hereby	135770
reappropriated to the Department of Development for the same	135771
purposes for fiscal year 2013.	135772

AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS

135773

The Ohio Public Facilities Commission, upon request of the	135774
Department of Development, is hereby authorized to issue and sell,	135775
in accordance with Section 2p of Article VIII, Ohio Constitution,	135776
and particularly sections 151.01 and 151.10 of the Revised Code,	135777
original obligations of the State of Ohio in an aggregate amount	135778
not to exceed $400,000,000 in addition to the original issuance of	135779
obligations authorized by prior acts of the General Assembly. The	135780
authorized obligations shall be issued and sold from time to time	135781
and in amounts necessary to ensure sufficient moneys to the credit	135782
of the Third Frontier Research and Development Fund (Fund 7011) to	135783
pay costs of research and development projects.	135784

Section 261.30.60. JOB READY SITE OPERATING

135785

The foregoing appropriation item 195688, Job Ready Site	135786
Operating, shall be used for operating expenses incurred by the	135787
Department of Development in administering Job Ready Site	135788
Development Fund (Fund 7012) projects pursuant to sections 122.085	135789
to 122.0820 of the Revised Code. Operating expenses include, but	135790
are not limited to, certain qualified expenses of the District	135791
Public Works Integrating Committees, as applicable, engineering	135792
review of submitted applications by the State Architect or a third	135793
party engineering firm, audit and accountability activities, and	135794
costs associated with formal certifications verifying that site	135795
infrastructure is in place and is functional.	135796

Section 261.30.70. OHIO COAL DEVELOPMENT OFFICE

135797

On July 1, 2011, or as soon as possible thereafter, the	135798
Director of Budget and Management shall transfer any unexpended	135799
and unencumbered portion of appropriation item 898604, Coal	135800
Research and Development Fund, used by the Ohio Air Quality	135801
Development Authority, to a new capital appropriation item in the	135802
Department of Development, to be determined by the Director. The	135803
Director also shall cancel all outstanding encumbrances against	135804
appropriation item 898604, Coal Research and Development Fund, and	135805
reestablish them against the foregoing new capital appropriation	135806
item. The amounts of the transfer and the reestablished	135807
encumbrances, plus $2,283,264, are hereby appropriated for fiscal	135808
year 2012 in the foregoing new appropriation item and shall be	135809
used to provide funding for coal research and development	135810
purposes.	135811

Section 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND	135812
COMMERCIALIZATION SUPPORT	135813

The General Assembly and the Governor recognize the role that	135814
the biomedical industry has in job creation, innovation, and	135815
economic development throughout Ohio. It is the intent of the	135816
General Assembly, the Governor, the Director of Development, and	135817
the Director of Budget and Management to work together in	135818
continuing to provide comprehensive state support for the	135819
biomedical industry.	135820

Section 261.30.90. UNCLAIMED FUNDS TRANSFER

135821

(A) Notwithstanding division (A) of section 169.05 of the	135822
Revised Code, upon the request of the Director of Budget and	135823
Management, the Director of Commerce, before June 30, 2012, shall	135824
transfer to the Job Development Initiatives Fund (Fund 5AD0) an	135825
amount not to exceed $25,000,000 in cash of the unclaimed funds	135826
that have been reported by the holders of unclaimed funds under	135827
section 169.05 of the Revised Code, regardless of the allocation	135828
of the unclaimed funds described under that section.	135829

Notwithstanding division (A) of section 169.05 of the Revised	135830
Code, upon the request of the Director of Budget and Management,	135831
the Director of Commerce, before June 30, 2013, shall transfer to	135832
the Job Development Initiatives Fund (Fund 5AD0) an amount not to	135833
exceed $15,000,000 in cash of the unclaimed funds that have been	135834
reported by the holders of unclaimed funds under section 169.05 of	135835
the Revised Code, regardless of the allocation of the unclaimed	135836
funds described under that section.	135837

(B) Notwithstanding division (A) of section 169.05 of the	135838
Revised Code, upon the request of the Director of Budget and	135839
Management, the Director of Commerce, before June 30, 2012, shall	135840
transfer to the State Special Projects Fund (Fund 4F20) an amount	135841
not to exceed $5,000,000 in cash of the unclaimed funds that have	135842
been reported by the holders of unclaimed funds under section	135843
169.05 of the Revised Code, regardless of the allocation of the	135844
unclaimed funds described under that section.	135845

Section 261.40.10. WORKFORCE DEVELOPMENT

135846

The Director of Development and the Director of Job and	135847
Family Services may enter into one or more interagency agreements	135848
between the two departments and take other actions the directors	135849
consider appropriate to further integrate workforce development	135850
into a larger economic development strategy, to implement the	135851
recommendations of the Workforce Policy Board, and to complete	135852
activities related to the transition of the administration of	135853
employment programs identified by the board. Subject to the	135854
approval of the Director of Budget and Management, the Department	135855
of Development and the Department of Job and Family Services may	135856
expend moneys to support the recommendations of the Workforce	135857
Policy Board in the area of integration of employment functions as	135858
described in this paragraph and to complete implementation and	135859
transition activities from the appropriations to those	135860
departments.	135861

Section 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

135862

General Revenue Fund	135863

GRF	320321	Central Administration	$	4,422,794	$	4,422,794	135864
GRF	320412	Protective Services	$	2,174,826	$	1,957,343	135865
GRF	320415	Lease-Rental Payments	$	18,394,250	$	19,907,900	135866
GRF	322407	Medicaid State Match	$	218,034,162	$	214,902,506	135867
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	135868
GRF	322501	County Boards Subsidies	$	40,906,365	$	44,449,280	135869
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	135870
TOTAL GRF General Revenue Fund			$	303,865,155	$	305,572,581	135871

General Services Fund Group	135872

1520	323609		Developmental Center and Residential Operating Services		$	3,414,317		$	3,414,317		135873
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		135874

Federal Special Revenue Fund Group	135875

3A50	320613	DD Council	$	3,341,572	$	3,341,572	135876
3250	322612	Community Social Service Programs	$	11,017,754	$	10,604,896	135877
3DZ0	322648	Enhanced Medicaid - Federal	$	10,000,000	$	0	135878
3G60	322639	Medicaid Waiver - Federal	$	866,566,007	$	985,566,007	135879
3M70	322650	CAFS Medicaid	$	29,349,502	$	29,349,502	135880
3A40	323605	Developmental Center and Residential Facility Services and Support	$	180,266,029	$	179,384,881	135881
TOTAL FED Federal Special Revenue Fund Group			$	1,100,540,864	$	1,208,246,858	135882

State Special Revenue Fund Group	135883

5GE0	320606	Operating and Services	$	7,406,609	$	7,407,297	135884
2210	322620	Supplement Service Trust	$	150,000	$	150,000	135885
4K80	322604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	135886
5CT0	322632	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	135887
5DJ0	322625	Targeted Case Management Match	$	21,000,000	$	24,000,000	135888
5DJ0	322626	Targeted Case Management Services	$	57,307,357	$	66,000,000	135889
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	135890
5EV0	322627	Program Fees	$	685,000	$	685,000	135891
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	135892
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	135893
5Z10	322624	County Board Waiver Match	$	235,000,000	$	290,000,000	135894
4890	323632	Developmental Center Direct Care Support	$	16,497,170	$	16,497,169	135895
5S20	590622	Medicaid Administration & Oversight	$	20,875,567	$	21,727,540	135896
TOTAL SSR State Special Revenue Fund Group			$	372,876,703	$	440,422,006	135897
TOTAL ALL BUDGET FUND GROUPS			$	1,780,697,039	$	1,957,655,762	135898

Section 263.10.10. LEASE-RENTAL PAYMENTS

135900

The foregoing appropriation item 320415, Lease-Rental	135901
Payments, shall be used to meet all payments at the times they are	135902
required to be made during the period from July 1, 2011, through	135903
June 30, 2013, by the Department of Developmental Disabilities	135904
under leases and agreements made under section 154.20 of the	135905
Revised Code. These appropriations are the source of funds pledged	135906
for bond service charges or obligations issued pursuant to Chapter	135907
154. of the Revised Code.	135908

Section 263.10.20. MEDICAID - STATE MATCH (GRF)

135909

Except as otherwise provided in section 5123.0416 of the	135910
Revised Code, the purposes for which the foregoing appropriation	135911
item 322407, Medicaid State Match, shall be used include the	135912
following:	135913

(A) Home and community-based waiver services under Title XIX	135914
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	135915
as amended.	135916

(B) To pay the nonfederal share of the cost of one or more	135917
new intermediate care facilities for the mentally retarded	135918
certified beds, if the Director of Developmental Disabilities is	135919
required by this act to transfer cash from funds used by the	135920
Department to any fund used by the Department of Job and Family	135921
Services to pay such nonfederal share.	135922

(C) To implement the requirements of the agreement settling	135923
the consent decree in Sermak v. Manuel, Case No. C-2-80-220,	135924
United States District Court for the Southern District of Ohio,	135925
Eastern Division.	135926

(D) To implement the requirements of the agreement settling	135927
the consent decree in the Martin v. Strickland, Case No.	135928
89-CV-00362, United States District Court for the Southern	135929
District of Ohio, Eastern Division.	135930

(E) Developmental center and residential facilities services.

135931

(F) Other programs as identified by the Director of	135932
Developmental Disabilities.	135933

Section 263.10.30. FAMILY SUPPORT SERVICES SUBSIDY

135934

(A) The foregoing appropriation item 322451, Family Support	135935
Services, may be used as follows in fiscal year 2012 and fiscal	135936
year 2013:	135937

(1) The appropriation item may be used to provide a subsidy	135938
to county boards of developmental disabilities for family support	135939
services provided under section 5126.11 of the Revised Code. The	135940
subsidy shall be paid in quarterly installments and allocated to	135941
county boards according to a formula the Director of Developmental	135942
Disabilities shall develop in consultation with representatives of	135943
county boards. A county board shall use not more than seven per	135944
cent of its subsidy for administrative costs.	135945

(2) The appropriation item may be used to distribute funds to	135946
county boards for the purpose of addressing economic hardships and	135947
to promote efficiency of operations. In consultation with	135948
representatives of county boards, the Director shall determine the	135949
amount of funds to distribute for these purposes and the criteria	135950
for distributing the funds.	135951

(B) Each county board shall submit reports to the Department	135952
of Developmental Disabilities on the use of funds received under	135953
this section. The reports shall be submitted at the times and in	135954
the manner specified in rules the Director shall adopt in	135955
accordance with Chapter 119. of the Revised Code.	135956

Section 263.10.40. STATE SUBSIDY TO COUNTY DD BOARDS

135957

(A) Except as otherwise provided in the section of this act	135958
titled "Nonfederal Share of New ICF/MR Beds," the foregoing	135959
appropriation item 322501, County Boards Subsidies, shall be used	135960
for the following purposes:	135961

(1) To provide a subsidy to county boards of developmental	135962
disabilities in quarterly installments and allocated according to	135963
a formula developed by the Director of Developmental Disabilities	135964
in consultation with representatives of county boards. Except as	135965
otherwise provided in section 5126.0511 of the Revised Code, or in	135966
division (B) of this section, county boards shall use the subsidy	135967
for early childhood services and adult services provided under	135968
section 5126.05 of the Revised Code, service and support	135969
administration provided under section 5126.15 of the Revised Code,	135970
or supported living as defined in section 5126.01 of the Revised	135971
Code.	135972

(2) To provide funding, as determined necessary by the	135973
Director of Developmental Disabilities, for residential services,	135974
including room and board, and support service programs that enable	135975
individuals with developmental disabilities to live in the	135976
community.	135977

(3) To distribute funds to county boards of developmental	135978
disabilities to address economic hardships and promote efficiency	135979
of operations. The Director shall determine, in consultation with	135980
representatives of county boards, the amount of funds to	135981
distribute for these purposes and the criteria for distributing	135982
the funds.	135983

(B) In collaboration with the county's family and children	135984
first council, a county board of developmental disabilities may	135985
transfer portions of funds received under this section, to a	135986
flexible funding pool in accordance with the section titled FAMILY	135987
AND CHILDREN FIRST FLEXIBLE FUNDING POOL.	135988

Section 263.10.50. COUNTY BOARD SHARE OF WAIVER SERVICES

135989

As used in this section, "home and community-based services"	135990
has the same meaning as in section 5123.01 of the Revised Code.	135991

The Director of Developmental Disabilities shall establish a	135992
methodology to be used in fiscal year 2012 and fiscal year 2013 to	135993
estimate the quarterly amount each county board of developmental	135994
disabilities is to pay of the nonfederal share of home and	135995
community-based services that section 5126.0510 of the Revised	135996
Code requires county boards to pay. Each quarter, the Director	135997
shall submit to a county board written notice of the amount the	135998
county board is to pay for that quarter. The notice shall specify	135999
when the payment is due.	136000

Section 263.10.60. TAX EQUITY

136001

Notwithstanding section 5126.18 of the Revised Code, the	136002
foregoing appropriation item 322503, Tax Equity, may be used to	136003
distribute funds to county boards of developmental disabilities to	136004
address economic hardships and promote efficiency of operations.	136005
The Director shall determine, in consultation with representatives	136006
of county boards, the amount of funds to distribute for these	136007
purposes and the criteria for distributing the funds.	136008

Section 263.10.70. MEDICAID WAIVER - STATE MATCH

136009

The foregoing appropriation item 322604, Medicaid Waiver -	136010
State Match (Fund 4K80), shall be used as state matching funds for	136011
home and community-based waivers.	136012

Section 263.10.80. ICF/MR CONVERSION

136013

(A) As used in this section, "home and community-based	136014
services" has the same meaning as in section 5123.01 of the	136015
Revised Code.	136016

(B) For each quarter of the biennium, the Director of	136017
Developmental Disabilities shall certify to the Director of Budget	136018
and Management the estimated amount needed to fund the provision	136019
of home and community-based services made available by the slots	136020
sought under section 5111.877 of the Revised Code. On receipt of	136021
certification, the Director of Budget and Management shall	136022
transfer the estimated amount in cash from the General Revenue	136023
Fund to the Home and Community-Based Services Fund (Fund 4K80),	136024
used by the Department of Developmental Disabilities. Upon	136025
completion of the transfer, appropriation item 600525, Health	136026
Care/Medicaid, is hereby reduced by the amount transferred under	136027
this section plus the corresponding federal share. The amount	136028
transferred to Fund 4K80 is hereby appropriated to appropriation	136029
item 322604, Medicaid Waiver – State Match.	136030

(C) If receipts credited to the Medicaid Waiver Fund (Fund	136031
3G60) exceed the amounts appropriated from the fund, the Director	136032
of Developmental Disabilities may request the Director of Budget	136033
and Management to authorize expenditures from the fund in excess	136034
of the amounts appropriated. Upon the approval of the Director of	136035
Budget and Management, the additional amounts are hereby	136036
appropriated.	136037

(D) If receipts credited to the Interagency Reimbursement	136038
Fund (Fund 3G50) exceed the amounts appropriated from the fund,	136039
the Director of Job and Family Services may request the Director	136040
of Budget and Management to authorize expenditures from the fund	136041
in excess of the amounts appropriated. Upon approval of the	136042
Director of Budget and Management, the additional amounts are	136043
hereby appropriated.	136044

Section 263.10.90. TARGETED CASE MANAGEMENT SERVICES

136045

County boards of developmental disabilities shall pay the	136046
nonfederal portion of targeted case management costs to the	136047
Department of Developmental Disabilities.	136048

The Directors of Developmental Disabilities and Job and	136049
Family Services may enter into an interagency agreement under	136050
which the Department of Developmental Disabilities shall transfer	136051
cash from the Targeted Case Management Fund (Fund 5DJ0) to the	136052
Medicaid Program Support - State Fund (Fund 5C90) used by the	136053
Department of Job and Family Services in an amount equal to the	136054
nonfederal portion of the cost of targeted case management	136055
services paid by county boards, and the Department of Job and	136056
Family Services shall pay the total cost of targeted case	136057
management claims. The transfer shall be made using an intrastate	136058
transfer voucher.	136059

Section 263.20.10. WITHHOLDING OF FUNDS OWED THE DEPARTMENT

136060

If a county board of developmental disabilities does not	136061
fully pay any amount owed to the Department of Developmental	136062
Disabilities by the due date established by the Department, the	136063
Director of Developmental Disabilities may withhold the amount the	136064
county board did not pay from any amounts due to the county board.	136065
The Director may use any appropriation item or fund used by the	136066
Department to transfer cash to any other fund used by the	136067
Department in an amount equal to the amount owed the Department	136068
that the county board did not pay. Transfers under this section	136069
shall be made using an intrastate transfer voucher.	136070

Section 263.20.20. TRANSFER TO MEDICAID REPAYMENT FUND

136071

On July 1, 2011, or as soon as possible thereafter, the	136072
Director of Developmental Disabilities shall request that the	136073
Director of Budget and Management transfer the cash balance in the	136074
Purchase of Service Fund (Fund 4880) to the Medicaid Repayment	136075
Fund (Fund 5H00). Upon completion of the transfer, Fund 4880 is	136076
hereby abolished. The Director of Developmental Disabilities shall	136077
cancel any existing encumbrances against appropriation item	136078
322603, Provider Audit Refunds, and re-establish them against	136079
appropriation item 322619, Medicaid Repayment. The re-established	136080
encumbrances are hereby appropriated.	136081

Section 263.20.30. DEVELOPMENTAL CENTER BILLING FOR SERVICES

136082

Developmental centers of the Department of Developmental	136083
Disabilities may provide services to persons with mental	136084
retardation or developmental disabilities living in the community	136085
or to providers of services to these persons. The Department may	136086
develop a method for recovery of all costs associated with the	136087
provisions of these services.	136088

Section 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	136089
PHARMACY PROGRAMS	136090

The Director of Developmental Disabilities shall quarterly	136091
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the	136092
Medicaid Program Support - State Fund (Fund 5C90) used by the	136093
Department of Job and Family Services, in an amount equal to the	136094
nonfederal share of Medicaid prescription drug claim costs for all	136095
developmental centers paid by the Department of Job and Family	136096
Services. The quarterly transfer shall be made using an intrastate	136097
transfer voucher.	136098

Section 263.20.50. NONFEDERAL MATCH FOR ACTIVE TREATMENT	136099
SERVICES	136100

Any county funds received by the Department of Developmental	136101
Disabilities from county boards for active treatment shall be	136102
deposited in the Developmental Disabilities Operating Fund (Fund	136103
4890).	136104

Section 263.20.60. NONFEDERAL SHARE OF NEW ICF/MR BEDS

136105

(A) As used in this section, "intermediate care facility for	136106
the mentally retarded" has the same meaning as in section 5111.20	136107
of the Revised Code.	136108

(B) If the Department of Developmental Disabilities is	136109
required by section 5111.211 of the Revised Code to pay the	136110
nonfederal share of claims submitted for services that are covered	136111
by the Medicaid program and provided to an eligible Medicaid	136112
recipient by an intermediate care facility for the mentally	136113
retarded, the Director of Developmental Disabilities shall	136114
transfer cash to the Department of Job and Family Services to pay	136115
the nonfederal share of the claims. The transfer shall be made	136116
using an intrastate transfer voucher. Except as otherwise provided	136117
in section 5123.0416 of the Revised Code, the Director shall use	136118
only the following appropriation items for the transfer:	136119

(1) Appropriation item 322407, Medicaid State Match;

136120

(2) Appropriation item 322501, County Boards Subsidies.

136121

(C) If the intermediate care facility for the mentally	136122
retarded is located in a county served by a county board of	136123
developmental disabilities that initiates or supports the	136124
facility's certification as an intermediate care facility for the	136125
mentally retarded by the Director of Health, the cash that the	136126
Director transfers under division (B) of this section shall be	136127
moneys that the Director has allocated to the county board serving	136128
the county in which the facility is located unless the amount of	136129
the allocation is insufficient to pay the entire nonfederal share	136130
of the claims submitted by the facility. If the allocation is	136131
insufficient, the Director shall use as much of such moneys	136132
allocated to other counties as is needed to make up the	136133
difference.	136134

Section 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS	136135
SERVING FORMER RESIDENTS OF DEVELOPMENTAL CENTERS	136136

Subject to approval by the Centers for Medicare and Medicaid	136137
Services, the Department of Job and Family Services shall increase	136138
the rate paid to a provider under the Individual Options Waiver by	136139
fifty-two cents for each fifteen minutes of routine	136140
homemaker/personal care provided to an individual for up to a year	136141
if all of the following apply:	136142

(A) The individual was a resident of a developmental center	136143
immediately prior to enrollment in the waiver;	136144

(B) The provider begins serving the individual on or after	136145
July 1, 2011;	136146

(C) The Director of Developmental Disabilities determines	136147
that the increased rate is warranted by the individual's special	136148
circumstances, including the individual's diagnosis, service	136149
needs, or length of stay at the developmental center, and that	136150
serving the individual through the Individual Options Waiver is	136151
fiscally prudent for the Medicaid program.	136152

Section 263.20.80. ODODD INNOVATIVE PILOT PROJECTS

136153

(A) In fiscal year 2012 and fiscal year 2013, the Director of	136154
Developmental Disabilities may authorize the implementation of one	136155
or more innovative pilot projects that, in the judgment of the	136156
Director, are likely to assist in promoting the objectives of	136157
Chapter 5123. or 5126. of the Revised Code. Subject to division	136158
(B) of this section and notwithstanding any provision of Chapters	136159
5123. and 5126. of the Revised Code and any rule adopted under	136160
either chapter, a pilot project authorized by the Director may be	136161
implemented in a manner inconsistent with one or more provisions	136162
of Chapter 5123. or 5126. of the Revised Code or one or more rules	136163
adopted under either chapter. Before authorizing a pilot program,	136164
the Director shall consult with entities interested in the issue	136165
of developmental disabilities, including the Ohio Provider	136166
Resource Association, the Ohio Association of County Boards of	136167
Developmental Disabilities, and the ARC of Ohio.	136168

(B) The Director may not authorize a pilot project to be	136169
implemented in a manner that would cause the state to be out of	136170
compliance with any requirements for a program funded in whole or	136171
in part with federal funds.	136172

Section 263.20.90. OHIO DEVELOPMENTAL DISABILITIES COUNCIL	136173
REMOTE ATTENDANCE PILOT PROGRAM	136174

(A) The Ohio Developmental Disabilities Council may establish	136175
a pilot program to allow Council members to attend a public	136176
Council meeting by teleconference or video conference in lieu of	136177
physically attending the meeting. If the pilot program is	136178
established, it shall be operated until five years after the	136179
effective date of this section.	136180

A member who attends a Council meeting by teleconference or	136181
video conference shall be counted for purposes of determining	136182
whether a quorum is present for the transaction of business. The	136183
member shall be permitted to vote at the meeting.	136184

At each Council meeting that includes members in attendance	136185
by teleconference or video conference, at least three Council	136186
members shall be physically present. Any Council meeting may be	136187
held with members in attendance by teleconference or video	136188
conference, except that the Council shall hold at least one	136189
meeting during each year of the pilot program at which members are	136190
not permitted to attend by teleconference or video conference.	136191

(B)(1) If the pilot program is established, the Council shall	136192
submit a report to the General Assembly not later than four years	136193
after the effective date of this section to assist the recipients	136194
in determining whether legislation establishing remote attendance	136195
by teleconference or video conference for the meetings of other	136196
public bodies would be beneficial. The report shall be submitted	136197
in accordance with section 101.68 of the Revised Code. The report	136198
shall include all of the following:	136199

(a) A description of the effect of teleconferencing or video	136200
conferencing on the operation of the Council meetings;	136201

(b) An accounting of any costs incurred or savings realized	136202
by the Council through the use of teleconferencing or video	136203
conferencing;	136204

(c) For each Council meeting held during the pilot program,	136205
all of the following:	136206

(i) The notice of each meeting;

136207

(ii) Attendance records for all Council members;

136208

(iii) A description of public and media attendance;

136209

(iv) A summary or copy of any comments made by the public or	136210
media regarding the use of teleconferencing or video conferencing;	136211

(v) A copy of the minutes for each meeting;

136212

(vi) An accounting of the costs incurred for each meeting;

136213

(vii) A description of any local media coverage of a	136214
teleconference or video conference meeting.	136215

(2) Upon submission of the report under division (B)(1) of	136216
this section, the pilot program shall cease to exist.	136217

(C) The Ohio Developmental Disabilities Council may adopt any	136218
rules the Council considers necessary to implement this section.	136219
The rules shall be adopted in accordance with Chapter 119. of the	136220
Revised Code.	136221

At a minimum, the rules shall do the following:

136222

(1) Allow Council members to remotely attend a public Council	136223
meeting by teleconference or video conference in lieu of	136224
physically attending the meeting;	136225

(2) Establish a method for verifying the identity of a member	136226
who remotely attends a meeting by teleconference or video	136227
conference;	136228

(3) Establish a policy for distributing and circulating	136229
necessary documents to Council members, the public, and the media	136230
in advance of a meeting where members attend by teleconference or	136231
video conference.	136232

Section 265.10. OBD OHIO BOARD OF DIETETICS

136233

General Services Fund Group	136234

4K90	860609	Operating Expenses	$	355,789	$	330,592	136235
TOTAL GSF General Services Fund							136236
Group			$	355,789	$	330,592	136237
TOTAL ALL BUDGET FUND GROUPS			$	355,789	$	330,592	136238

Section 267.10. EDU DEPARTMENT OF EDUCATION

136240

General Revenue Fund	136241

GRF	200100	Personal Services	$	8,579,178	$	8,579,178	136242
GRF	200320	Maintenance and Equipment	$	2,830,407	$	2,830,407	136243
GRF	200408	Early Childhood Education	$	23,268,341	$	23,268,341	136244
GRF	200416	Career-Technical Education Match	$	2,233,195	$	2,233,195	136245
GRF	200420	Computer/Application/ Network Development	$	4,241,296	$	4,241,296	136246
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	136247
GRF	200422	School Management Assistance	$	2,842,812	$	3,000,000	136248
GRF	200424	Policy Analysis	$	328,558	$	328,558	136249
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	136250
GRF	200426	Ohio Educational Computer Network	$	17,974,489	$	17,974,489	136251
GRF	200427	Academic Standards	$	4,346,060	$	3,700,000	136252
GRF	200437	Student Assessment	$	55,002,167	$	55,002,167	136253
GRF	200439	Accountability/Report Cards	$	3,579,279	$	3,579,279	136254
GRF	200442	Child Care Licensing	$	827,140	$	827,140	136255
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	136256
GRF	200447	GED Testing	$	879,551	$	879,551	136257
GRF	200448	Educator Preparation	$	786,737	$	786,737	136258
GRF	200455	Community Schools and Choice Programs	$	2,200,000	$	2,200,000	136259
GRF	200502	Pupil Transportation	$	438,248,936	$	442,113,527	136260
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	136261
GRF	200511	Auxiliary Services	$	124,194,099	$	126,194,099	136262
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	56,164,384	$	57,006,850	136263
GRF	200540	Special Education Enhancements	$	135,820,668	$	135,820,668	136264
GRF	200545	Career-Technical Education Enhancements	$	8,802,699	$	8,802,699	136265
GRF	200550	Foundation Funding	$	5,536,347,861	$	5,610,117,686	136266
GRF	200901	Property Tax Allocation - Education	$	1,086,500,000	$	1,095,000,000	136267
TOTAL GRF General Revenue Fund			$	7,539,595,467	$	7,628,083,477	136268

General Services Fund Group	136269

1380	200606	Computer Services-Operational Support	$	7,600,090	$	7,600,090	136270
4520	200638	Miscellaneous Educational Services	$	300,000	$	300,000	136271
4L20	200681	Teacher Certification and Licensure	$	8,147,756	$	8,147,756	136272
5960	200656	Ohio Career Information System	$	529,761	$	529,761	136273
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	136274
TOTAL GSF General Services							136275
Fund Group			$	41,577,607	$	41,577,607	136276

Federal Special Revenue Fund Group	136277

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	136278
3670	200607	School Food Services	$	6,803,472	$	6,959,906	136279
3690	200616	Career-Technical Education Federal Enhancement	$	5,000,000	$	5,000,000	136280
3700	200624	Education of Exceptional Children	$	1,905,000	$	0	136281
3780	200660	Learn and Serve	$	619,211	$	619,211	136282
3AF0	200603	Schools Medicaid Administrative Claims	$	639,000	$	639,000	136283
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	136284
3AX0	200698	Improving Health and Educational Outcomes of Young People	$	630,954	$	630,954	136285
3BK0	200628	Longitudinal Data Systems	$	500,000	$	250,000	136286
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	136287
3CG0	200646	Teacher Incentive Fund	$	1,925,881	$	0	136288
3D10	200664	Drug Free Schools	$	1,500,000	$	0	136289
3D20	200667	Math Science Partnerships	$	9,500,001	$	9,500,001	136290
3DG0	200630	Federal Stimulus - McKinney Vento Grants	$	330,512	$	0	136291
3DJ0	200699	IDEA Part B - Federal Stimulus	$	21,886,803	$	0	136292
3DK0	200642	Title 1A - Federal Stimulus	$	18,633,673	$	0	136293
3DL0	200650	IDEA Preschool - Federal Stimulus	$	670,000	$	0	136294
3DM0	200651	Title IID Technology - Federal Stimulus	$	1,195,100	$	0	136295
3DP0	200652	Title I School Improvement - Federal Stimulus	$	48,500,000	$	30,000,000	136296
3EC0	200653	Teacher Incentive - Federal Stimulus	$	7,500,000	$	7,500,000	136297
3EH0	200620	Migrant Education	$	2,645,905	$	2,645,905	136298
3EJ0	200622	Homeless Children Education	$	1,759,782	$	1,759,782	136299
3EN0	200655	State Data Systems - Federal Stimulus	$	2,500,000	$	2,500,000	136300
3ES0	200657	General Supervisory Enhancement Grant	$	500,000	$	500,000	136301
3ET0	200658	Education Jobs Fund	$	300,000,000	$	50,000,000	136302
3FD0	200665	Race to the Top	$	100,000,000	$	100,000,000	136303
3FE0	200669	Striving Readers	$	180,000	$	100,000	136304
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	136305
3L60	200617	Federal School Lunch	$	327,516,539	$	337,323,792	136306
3L70	200618	Federal School Breakfast	$	87,596,850	$	90,224,756	136307
3L80	200619	Child/Adult Food Programs	$	100,850,833	$	103,876,359	136308
3L90	200621	Career-Technical Education Basic Grant	$	48,466,864	$	48,466,864	136309
3M00	200623	ESEA Title 1A	$	530,010,000	$	530,010,000	136310
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	136311
3S20	200641	Education Technology	$	9,487,397	$	9,487,397	136312
3T40	200613	Public Charter Schools	$	14,291,353	$	14,291,353	136313
3Y20	200688	21st Century Community Learning Centers	$	43,720,462	$	45,906,485	136314
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	136315
3Y70	200689	English Language Acquisition	$	8,373,995	$	8,373,995	136316
3Y80	200639	Rural and Low Income Technical Assistance	$	1,500,000	$	1,500,000	136317
3Z20	200690	State Assessments	$	11,882,258	$	11,882,258	136318
3Z30	200645	Consolidated Federal Grant Administration	$	8,949,280	$	8,949,280	136319
TOTAL FED Federal Special							136320
Revenue Fund Group			$	2,310,389,566	$	2,011,315,739	136321

State Special Revenue Fund Group	136322

4540	200610	Guidance and Testing	$	1,050,000	$	1,050,000	136323
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	136324
4R70	200695	Indirect Operational Support	$	6,500,000	$	6,600,000	136325
4V70	200633	Interagency Operational Support	$	1,117,725	$	1,117,725	136326
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	136327
5BB0	200696	State Action for Education Leadership	$	231,300	$	0	136328
5BJ0	200626	Half-Mill Maintenance Equalization	$	17,300,000	$	18,000,000	136329
5U20	200685	National Education Statistics	$	300,000	$	300,000	136330
6200	200615	Educational Improvement Grants	$	3,000,000	$	3,000,000	136331
TOTAL SSR State Special Revenue							136332
Fund Group			$	54,827,935	$	55,396,635	136333

Lottery Profits Education Fund Group	136334

7017	200612	Foundation Funding	$	717,500,000	$	680,500,000	136335
TOTAL LPE Lottery Profits							136336
Education Fund Group			$	717,500,000	$	680,500,000	136337

Revenue Distribution Fund Group	136338

7047	200909	School District Property Tax Replacement-Business	$	722,000,000	$	475,000,000	136339
7053	200900	School District Property Tax Replacement-Utility	$	34,000,000	$	30,000,000	136340
TOTAL RDF Revenue Distribution							136341
Fund Group			$	756,000,000	$	505,000,000	136342
TOTAL ALL BUDGET FUND GROUPS			$	11,419,890,575	$	10,921,873,458	136343

Section 267.10.10. EARLY CHILDHOOD EDUCATION

136345

The Department of Education shall distribute the foregoing	136346
appropriation item 200408, Early Childhood Education, to pay the	136347
costs of early childhood education programs.	136348

(A) As used in this section:

136349

(1) "Provider" means a city, local, exempted village, or	136350
joint vocational school district, or an educational service	136351
center.	136352

(2) In the case of a city, local, or exempted village school	136353
district, "new eligible provider" means a district that did not	136354
receive state funding for Early Childhood Education in the	136355
previous fiscal year or demonstrates a need for early childhood	136356
programs as defined in division (D) of this section.	136357

(3) "Eligible child" means a child who is at least three	136358
years of age as of the district entry date for kindergarten, is	136359
not of the age to be eligible for kindergarten, and whose family	136360
earns not more than two hundred per cent of the federal poverty	136361
guidelines as defined in division (A)(3) of section 5101.46 of the	136362
Revised Code. Children with an Individualized Education Program	136363
and where the Early Childhood Education program is the least	136364
restrictive environment may be enrolled on their third birthday.	136365

(B) In each fiscal year, up to two per cent of the total	136366
appropriation may be used by the Department for program support	136367
and technical assistance. The Department shall distribute the	136368
remainder of the appropriation in each fiscal year to serve	136369
eligible children.	136370

(C) The Department shall provide an annual report to the	136371
Governor, the Speaker of the House of Representatives, and the	136372
President of the Senate and post the report to the Department's	136373
web site, regarding early childhood education programs operated	136374
under this section and the early learning program guidelines.	136375

(D) After setting aside the amounts to make payments due from	136376
the previous fiscal year, in fiscal year 2012, the Department	136377
shall distribute funds first to recipients of funds for early	136378
childhood education programs under Section 265.10.20 of Am. Sub.	136379
H.B. 1 of the 128th General Assembly in the previous fiscal year	136380
and the balance to new eligible providers of early childhood	136381
education programs under this section or to existing providers to	136382
serve more eligible children or for purposes of program expansion,	136383
improvement, or special projects to promote quality and	136384
innovation.	136385

After setting aside the amounts to make payments due from the	136386
previous fiscal year, in fiscal year 2013, the Department shall	136387
distribute funds first to providers of early childhood education	136388
programs under this section in the previous fiscal year and the	136389
balance to new eligible providers or to existing providers to	136390
serve more eligible children or for purposes of program expansion,	136391
improvement, or special projects to promote quality and	136392
innovation.	136393

Awards under this section shall be distributed on a per-pupil	136394
basis, and in accordance with division (H) of this section. The	136395
Department may adjust the per-pupil amount so that the per-pupil	136396
amount multiplied by the number of eligible children enrolled and	136397
receiving services on the first day of December or the business	136398
day closest to that date equals the amount allocated under this	136399
section.	136400

(E) Costs for developing and administering an early childhood	136401
education program may not exceed fifteen per cent of the total	136402
approved costs of the program.	136403

All providers shall maintain such fiscal control and	136404
accounting procedures as may be necessary to ensure the	136405
disbursement of, and accounting for, these funds. The control of	136406
funds provided in this program, and title to property obtained,	136407
shall be under the authority of the approved provider for purposes	136408
provided in the program unless, as described in division (J) of	136409
this section, the program waives its right for funding or a	136410
program's funding is eliminated or reduced due to its inability to	136411
meet financial or early learning program guidelines. The approved	136412
provider shall administer and use such property and funds for the	136413
purposes specified.	136414

(F) The Department may examine a provider's financial and	136415
program records. If the financial practices of the program are not	136416
in accordance with standard accounting principles or do not meet	136417
financial standards outlined under division (E) of this section,	136418
or if the program fails to substantially meet the early learning	136419
program guidelines or exhibits below average performance as	136420
measured against the guidelines, the early childhood education	136421
program shall propose and implement a corrective action plan that	136422
has been approved by the Department. The approved corrective	136423
action plan shall be signed by the chief executive officer and the	136424
executive of the official governing body of the provider. The	136425
corrective action plan shall include a schedule for monitoring by	136426
the Department. Such monitoring may include monthly reports,	136427
inspections, a timeline for correction of deficiencies, and	136428
technical assistance to be provided by the Department or obtained	136429
by the early childhood education program. The Department may	136430
withhold funding pending corrective action. If an early childhood	136431
education program fails to satisfactorily complete a corrective	136432
action plan, the Department may deny expansion funding to the	136433
program or withdraw all or part of the funding to the program and	136434
establish a new eligible provider through a selection process	136435
established by the Department.	136436

(G) Each early childhood education program shall do all of	136437
the following:	136438

(1) Meet teacher qualification requirements prescribed by	136439
section 3301.311 of the Revised Code;	136440

(2) Align curriculum to the early learning content standards	136441
developed by the Department;	136442

(3) Meet any child or program assessment requirements	136443
prescribed by the Department;	136444

(4) Require teachers, except teachers enrolled and working to	136445
obtain a degree pursuant to section 3301.311 of the Revised Code,	136446
to attend a minimum of twenty hours every two years of	136447
professional development as prescribed by the Department;	136448

(5) Document and report child progress as prescribed by the	136449
Department;	136450

(6) Meet and report compliance with the early learning	136451
program guidelines as prescribed by the Department.	136452

(H) Per-pupil funding for programs subject to this section	136453
shall be sufficient to provide eligible children with services for	136454
a standard early childhood schedule which shall be defined in this	136455
section as a minimum of twelve and one-half hours per school week	136456
as defined in section 3313.62 of the Revised Code for the minimum	136457
school year as defined in sections 3313.48, 3313.481, and 3313.482	136458
of the Revised Code. Nothing in this section shall be construed to	136459
prohibit program providers from utilizing other funds to serve	136460
eligible children in programs that exceed the twelve and one-half	136461
hours per week or that exceed the minimum school year. For any	136462
provider for which a standard early childhood education schedule	136463
creates a hardship or for which the provider shows evidence that	136464
the provider is working in collaboration with a preschool special	136465
education program, the provider may submit a waiver to the	136466
Department requesting an alternate schedule. If the Department	136467
approves a waiver for an alternate schedule that provides services	136468
for less time than the standard early childhood education	136469
schedule, the Department may reduce the provider's annual	136470
allocation proportionately. Under no circumstances shall an annual	136471
allocation be increased because of the approval of an alternate	136472
schedule.	136473

(I) Each provider shall develop a sliding fee scale based on	136474
family incomes and shall charge families who earn more than two	136475
hundred per cent of the federal poverty guidelines, as defined in	136476
division (A)(3) of section 5101.46 of the Revised Code, for the	136477
early childhood education program.	136478

The Department shall conduct an annual survey of each	136479
provider to determine whether the provider charges families	136480
tuition or fees, the amount families are charged relative to	136481
family income levels, and the number of families and students	136482
charged tuition and fees for the early childhood program.	136483

(J) If an early childhood education program voluntarily	136484
waives its right for funding, or has its funding eliminated for	136485
not meeting financial standards or the early learning program	136486
guidelines, the provider shall transfer control of title to	136487
property, equipment, and remaining supplies obtained through the	136488
program to providers designated by the Department and return any	136489
unexpended funds to the Department along with any reports	136490
prescribed by the Department. The funding made available from a	136491
program that waives its right for funding or has its funding	136492
eliminated or reduced may be used by the Department for new grant	136493
awards or expansion grants. The Department may award new grants or	136494
expansion grants to eligible providers who apply. The eligible	136495
providers who apply must do so in accordance with the selection	136496
process established by the Department.	136497

(K) As used in this section, "early learning program	136498
guidelines" means the guidelines established by the Department	136499
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.	136500
66 of the 126th General Assembly.	136501

(L) Eligible expenditures for the Early Childhood Education	136502
program shall be claimed each fiscal year to help meet the state's	136503
TANF maintenance of effort requirement. The Superintendent of	136504
Public Instruction and the Director of Job and Family Services	136505
shall enter into an interagency agreement to carry out the	136506
requirements under this division, which shall include developing	136507
reporting guidelines for these expenditures.	136508

Section 267.10.20. CAREER-TECHNICAL EDUCATION MATCH

136509

The foregoing appropriation item 200416, Career-Technical	136510
Education Match, shall be used by the Department of Education to	136511
provide vocational administration matching funds under 20 U.S.C.	136512
2311.	136513

COMPUTER/APPLICATION/NETWORK DEVELOPMENT

136514

The foregoing appropriation item 200420,	136515
Computer/Application/Network Development, shall be used to support	136516
the development and implementation of information technology	136517
solutions designed to improve the performance and services of the	136518
Department of Education. Funds may be used for personnel,	136519
maintenance, and equipment costs related to the development and	136520
implementation of these technical system projects. Implementation	136521
of these systems shall allow the Department to provide greater	136522
levels of assistance to school districts and to provide more	136523
timely information to the public, including school districts,	136524
administrators, and legislators. Funds may also be used to support	136525
data-driven decision-making and differentiated instruction, as	136526
well as to communicate academic content standards and curriculum	136527
models to schools through web-based applications.	136528

Section 267.10.30. ALTERNATIVE EDUCATION PROGRAMS

136529

The foregoing appropriation item 200421, Alternative	136530
Education Programs, shall be used for the renewal of successful	136531
implementation grants and for competitive matching grants to	136532
school districts for alternative educational programs for existing	136533
and new at-risk and delinquent youth. Programs shall be focused on	136534
youth in one or more of the following categories: those who have	136535
been expelled or suspended, those who have dropped out of school	136536
or who are at risk of dropping out of school, those who are	136537
habitually truant or disruptive, or those on probation or on	136538
parole from a Department of Youth Services facility. Grants shall	136539
be awarded according to the criteria established by the	136540
Alternative Education Advisory Council in 1999. Grants shall be	136541
awarded only to programs in which the grant will not serve as the	136542
program's primary source of funding. These grants shall be	136543
administered by the Department of Education.	136544

The Department of Education may waive compliance with any	136545
minimum education standard established under section 3301.07 of	136546
the Revised Code for any alternative school that receives a grant	136547
under this section on the grounds that the waiver will enable the	136548
program to more effectively educate students enrolled in the	136549
alternative school.	136550

Of the foregoing appropriation item 200421, Alternative	136551
Education Programs, a portion may be used for program	136552
administration, monitoring, technical assistance, support,	136553
research, and evaluation.	136554

Section 267.10.40. SCHOOL MANAGEMENT ASSISTANCE

136555

Of the foregoing appropriation item 200422, School Management	136556
Assistance, $1,000,000 in fiscal year 2012 and $1,300,000 in	136557
fiscal year 2013 shall be used by the Auditor of State in	136558
consultation with the Department of Education for expenses	136559
incurred in the Auditor of State's role relating to fiscal	136560
caution, fiscal watch, and fiscal emergency activities as defined	136561
in Chapter 3316. of the Revised Code and may also be used by the	136562
Auditor of State to conduct performance audits of other school	136563
districts with priority given to districts in fiscal distress.	136564
Districts in fiscal distress shall be determined by the Auditor of	136565
State and shall include districts that the Auditor of State, in	136566
consultation with the Department of Education, determines are	136567
employing fiscal practices or experiencing budgetary conditions	136568
that could produce a state of fiscal watch or fiscal emergency.	136569

The remainder of appropriation item 200422, School Management	136570
Assistance, shall be used by the Department of Education to	136571
provide fiscal technical assistance and inservice education for	136572
school district management personnel and to administer, monitor,	136573
and implement the fiscal caution, fiscal watch, and fiscal	136574
emergency provisions under Chapter 3316. of the Revised Code.	136575

Section 267.10.50. POLICY ANALYSIS

136576

The foregoing appropriation item 200424, Policy Analysis,	136577
shall be used by the Department of Education to support a system	136578
of administrative, statistical, and legislative education	136579
information to be used for policy analysis. Staff supported by	136580
this appropriation shall administer the development of reports,	136581
analyses, and briefings to inform education policymakers of	136582
current trends in education practice, efficient and effective use	136583
of resources, and evaluation of programs to improve education	136584
results. The database shall be kept current at all times. These	136585
research efforts shall be used to supply information and analysis	136586
of data to the General Assembly and other state policymakers,	136587
including the Office of Budget and Management, the Governor's	136588
Office of 21st Century Education, and the Legislative Service	136589
Commission.	136590

The Department of Education may use funding from this	136591
appropriation item to purchase or contract for the development of	136592
software systems or contract for policy studies that will assist	136593
in the provision and analysis of policy-related information.	136594
Funding from this appropriation item also may be used to monitor	136595
and enhance quality assurance for research-based policy analysis	136596
and program evaluation to enhance the effective use of education	136597
information to inform education policymakers.	136598

A portion of the foregoing appropriation item 200424, Policy	136599
Analysis, may be used in conjunction with appropriation item	136600
200439, Accountability/Report Cards, to support a fiscal reporting	136601
dimension that shall contain fiscal data reported for the prior	136602
fiscal year. The fiscal information contained therein shall be	136603
updated and reported annually in a form and in a manner as	136604
determined by the Department.	136605

TECH PREP CONSORTIA SUPPORT

136606

The foregoing appropriation item 200425, Tech Prep Consortia	136607
Support, shall be used by the Department of Education to support	136608
state-level activities designed to support, promote, and expand	136609
tech prep programs. Use of these funds shall include, but not be	136610
limited to, administration of grants, program evaluation,	136611
professional development, curriculum development, assessment	136612
development, program promotion, communications, and statewide	136613
coordination of tech prep consortia.	136614

Section 267.10.60. OHIO EDUCATIONAL COMPUTER NETWORK

136615

The foregoing appropriation item 200426, Ohio Educational	136616
Computer Network, shall be used by the Department of Education to	136617
maintain a system of information technology throughout Ohio and to	136618
provide technical assistance for such a system in support of the	136619
P-16 State Education Technology Plan developed under section	136620
3353.09 of the Revised Code.	136621

Of the foregoing appropriation item 200426, Ohio Educational	136622
Computer Network, up to $10,705,569 in each fiscal year shall be	136623
used by the Department of Education to support connection of all	136624
public school buildings and participating chartered nonpublic	136625
schools to the state's education network, to each other, and to	136626
the Internet. In each fiscal year the Department of Education	136627
shall use these funds to assist information technology centers or	136628
school districts with the operational costs associated with this	136629
connectivity. The Department of Education shall develop a formula	136630
and guidelines for the distribution of these funds to information	136631
technology centers or individual school districts. As used in this	136632
section, "public school building" means a school building of any	136633
city, local, exempted village, or joint vocational school	136634
district, any community school established under Chapter 3314. of	136635
the Revised Code, any STEM school established under Chapter 3326.	136636
of the Revised Code, any educational service center building used	136637
for instructional purposes, the Ohio School for the Deaf and the	136638
Ohio School for the Blind, high schools chartered by the Ohio	136639
Department of Youth Services, or high schools operated by Ohio	136640
Department of Rehabilitation and Corrections' Ohio Central School	136641
System.	136642

Of the foregoing appropriation item 200426, Ohio Educational	136643
Computer Network, up to $1,440,000 in each fiscal year shall be	136644
used for the Union Catalog and InfOhio Network and to support the	136645
provision of electronic resources with priority given to resources	136646
that support the teaching of state academic content standards in	136647
all public schools. Consideration shall be given by the Department	136648
of Education to coordinating the allocation of these moneys with	136649
the efforts of Libraries Connect Ohio, whose members include	136650
OhioLINK, the Ohio Public Information Network, and the State	136651
Library of Ohio.	136652

Of the foregoing appropriation item 200426, Ohio Educational	136653
Computer Network, up to $5,220,000 in each fiscal year shall be	136654
used, through a formula and guidelines devised by the Department,	136655
to subsidize the activities of designated information technology	136656
centers, as defined by State Board of Education rules, to provide	136657
school districts and chartered nonpublic schools with	136658
computer-based student and teacher instructional and	136659
administrative information services, including approved	136660
computerized financial accounting, and to ensure the effective	136661
operation of local automated administrative and instructional	136662
systems.	136663

The remainder of appropriation item 200426, Ohio Educational	136664
Computer Network, shall be used to support the work of the College	136665
of Education and Human Ecology at the Ohio State University in	136666
reviewing and assessing the alignment of courses offered through	136667
the distance learning clearinghouse established in sections	136668
3333.81 to 3333.88 of the Revised Code with the academic content	136669
standards adopted under division (A) of section 3301.079 of the	136670
Revised Code.	136671

Section 267.10.70. ACADEMIC STANDARDS

136672

The foregoing appropriation item 200427, Academic Standards,	136673
shall be used by the Department of Education to develop, revise,	136674
and communicate to school districts academic content standards and	136675
curriculum models.	136676

Section 267.10.80. STUDENT ASSESSMENT

136677

Of the foregoing appropriation item 200437, Student	136678
Assessment, up to $95,000 in each fiscal year may be used to	136679
support the assessments required under section 3301.0715 of the	136680
Revised Code.	136681

The remainder of appropriation item 200437, Student	136682
Assessment, shall be used to develop, field test, print,	136683
distribute, score, report results, and support other associated	136684
costs for the tests required under sections 3301.0710, 3301.0711,	136685
and 3301.0712 of the Revised Code and for similar purposes as	136686
required by section 3301.27 of the Revised Code. If funds remain	136687
in this appropriation after these purposes have been fulfilled,	136688
the Department may use the remainder of the appropriation to	136689
develop end-of-course exams.	136690

DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT	136691
ASSESSMENT	136692

In fiscal year 2012 and fiscal year 2013, if the	136693
Superintendent of Public Instruction determines that additional	136694
funds are needed to fully fund the requirements of sections	136695
3301.0710, 3301.0711, and 3301.27 of the Revised Code and this act	136696
for assessments of student performance, the Superintendent of	136697
Public Instruction may recommend the reallocation of unexpended	136698
and unencumbered General Revenue Fund appropriations within the	136699
Department of Education to appropriation item 200437, Student	136700
Assessment, to the Director of Budget and Management. If the	136701
Director of Budget and Management determines that such a	136702
reallocation is required, the Director of Budget and Management	136703
may transfer unexpended and unencumbered appropriations within the	136704
Department of Education as necessary to appropriation item 200437,	136705
Student Assessment. If these transferred appropriations are not	136706
sufficient to fully fund the assessment requirements in fiscal	136707
year 2012 or fiscal year 2013, the Superintendent of Public	136708
Instruction may request that the Controlling Board transfer up to	136709
$9,000,000 cash from the Lottery Profits Education Reserve Fund	136710
(Fund 7018) to the General Revenue Fund. Upon approval of the	136711
Controlling Board, the Director of Budget and Management shall	136712
transfer the cash. These transferred funds are hereby appropriated	136713
for the same purpose as appropriation item 200437, Student	136714
Assessment.	136715

Section 267.10.90. (A) Notwithstanding anything to the	136716
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of	136717
the Revised Code, the administration of the English language arts	136718
assessments for elementary grades as a replacement for the	136719
separate reading and writing assessments prescribed by sections	136720
3301.0710 and 3301.0711 of the Revised Code, as those sections	136721
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,	136722
shall not be required until a date prescribed by rule of the State	136723
Board of Education. Until that date, the Department of Education	136724
and school districts and schools shall continue to administer	136725
separate reading assessments for elementary grades, as prescribed	136726
by the versions of sections 3301.0710 and 3301.0711 of the Revised	136727
Code that were in effect prior to the effective date of Section	136728
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The	136729
intent for delaying implementation of the replacement English	136730
language arts assessment is to provide adequate time for the	136731
complete development of the new assessment.	136732

(B) Notwithstanding anything to the contrary in section	136733
3301.0710 of the Revised Code, the State Board shall not prescribe	136734
the three ranges of scores for the assessments prescribed by	136735
division (A)(2) of section 3301.0710 of the Revised Code, as	136736
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until	136737
the Board adopts the rule required by division (A) of this	136738
section. Until that date, the Board shall continue to prescribe	136739
the five ranges of scores required by the version of section	136740
3301.0710 of the Revised Code in effect prior to the effective	136741
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General	136742
Assembly, and the following apply:	136743

(1) The range of scores designated by the State Board as a	136744
proficient level of skill remains the passing score on the Ohio	136745
Graduation Tests for purposes of sections 3313.61, 3313.611,	136746
3313.612, and 3325.08 of the Revised Code;	136747

(2) The range of scores designated as a limited level of	136748
skill remains the standard for applying the third-grade reading	136749
guarantee under division (A) of section 3313.608 of the Revised	136750
Code;	136751

(3) The range of scores designated by the State Board as a	136752
proficient level of skill remains the standard for the summer	136753
remediation requirement of division (B)(2) of section 3313.608 of	136754
the Revised Code.	136755

(C) This section is not subject to expiration after June 30,	136756
2013, under Section 809.10 of this act.	136757

Section 267.20.10. Notwithstanding anything to the contrary	136758
in sections 3301.0710 and 3301.0711 of the Revised Code, in the	136759
2011-2012 and 2012-2013 school years, the Department of Education	136760
shall not furnish, and school districts and schools shall not	136761
administer, the elementary writing and social studies achievement	136762
assessments prescribed by section 3301.0710 of the Revised Code,	136763
unless the Superintendent of Public Instruction determines the	136764
Department has sufficient funds to pay the costs of furnishing and	136765
scoring those assessments.	136766

Section 267.20.20. ACCOUNTABILITY/REPORT CARDS

136767

Of the foregoing appropriation item 200439,	136768
Accountability/Report Cards, a portion in each fiscal year may be	136769
used to train district and regional specialists and district	136770
educators in the use of the value-added progress dimension and in	136771
the use of data as it relates to improving student achievement.	136772
This training may include teacher and administrator professional	136773
development in the use of data to improve instruction and student	136774
learning, and teacher and administrator training in understanding	136775
teacher value-added reports and how they can be used as a	136776
component in measuring teacher and administrator effectiveness. A	136777
portion of this funding may be provided to a credible nonprofit	136778
organization with expertise in value-added progress dimensions.	136779

The remainder of appropriation item 200439,	136780
Accountability/Report Cards, shall be used by the Department to	136781
incorporate a statewide value-added progress dimension into	136782
performance ratings for school districts and for the development	136783
of an accountability system that includes the preparation and	136784
distribution of school report cards and funding and expenditure	136785
accountability reports under sections 3302.03 and 3302.031 of the	136786
Revised Code.	136787

CHILD CARE LICENSING

136788

The foregoing appropriation item 200442, Child Care	136789
Licensing, shall be used by the Department of Education to license	136790
and to inspect preschool and school-age child care programs under	136791
sections 3301.52 to 3301.59 of the Revised Code.	136792

Section 267.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM

136793

The foregoing appropriation item 200446, Education Management	136794
Information System, shall be used by the Department of Education	136795
to improve the Education Management Information System (EMIS).	136796

Of the foregoing appropriation item 200446, Education	136797
Management Information System, up to $729,000 in each fiscal year	136798
shall be distributed to designated information technology centers	136799
for costs relating to processing, storing, and transferring data	136800
for the effective operation of the EMIS. These costs may include,	136801
but are not limited to, personnel, hardware, software development,	136802
communications connectivity, professional development, and support	136803
services, and to provide services to participate in the State	136804
Education Technology Plan developed under section 3353.09 of the	136805
Revised Code.	136806

The remainder of appropriation item 200446, Education	136807
Management Information System, shall be used to develop and	136808
support a common core of data definitions and standards as adopted	136809
by the Education Management Information System Advisory Board,	136810
including the ongoing development and maintenance of the data	136811
dictionary and data warehouse. In addition, such funds shall be	136812
used to support the development and implementation of data	136813
standards and the design, development, and implementation of a new	136814
data exchange system.	136815

Any provider of software meeting the standards approved by	136816
the Education Management Information System Advisory Board shall	136817
be designated as an approved vendor and may enter into contracts	136818
with local school districts, community schools, STEMS schools,	136819
information technology centers, or other educational entities for	136820
the purpose of collecting and managing data required under Ohio's	136821
education management information system (EMIS) laws. On an annual	136822
basis, the Department of Education shall convene an advisory group	136823
of school districts, community schools, and other	136824
education-related entities to review the Education Management	136825
Information System data definitions and data format standards. The	136826
advisory group shall recommend changes and enhancements based upon	136827
surveys of its members, education agencies in other states, and	136828
current industry practices, to reflect best practices, align with	136829
federal initiatives, and meet the needs of school districts.	136830

School districts, STEMS schools, and community schools not	136831
implementing a common and uniform set of data definitions and data	136832
format standards for Education Management Information System	136833
purposes shall have all EMIS funding withheld until they are in	136834
compliance.	136835

Section 267.20.40. GED TESTING

136836

The foregoing appropriation item 200447, GED Testing, shall	136837
be used to provide General Educational Development (GED) testing	136838
under rules adopted by the State Board of Education.	136839

Section 267.20.50. EDUCATOR PREPARATION

136840

Of the foregoing appropriation item 200448, Educator	136841
Preparation, up to $150,000 in each fiscal year may be used by the	136842
Department of Education to monitor and support Ohio's State System	136843
of Support in accordance with the "No Child Left Behind Act of	136844
2011," 20 U.S.C. 6317.	136845

The remainder of appropriation item 200448, Educator	136846
Preparation, may be used by the Department to support the Educator	136847
Standards Board under section 3319.61 of the Revised Code and	136848
reforms under sections 3302.042, 3302.06 through 3302.068,	136849
3302.12, 3302.20 through 3302.22, and 3319.58 of the Revised Code.	136850

Section 267.20.60. COMMUNITY SCHOOLS AND CHOICE PROGRAMS

136851

The foregoing appropriation item 200455, Community Schools	136852
and Choice Programs, may be used by the Department of Education	136853
for additional services and responsibilities under section 3314.11	136854
of the Revised Code and for operation of the school choice	136855
programs.	136856

Of the foregoing appropriation item 200455, Community Schools	136857
and Choice Programs, a portion in each fiscal year may be used by	136858
the Department of Education for developing and conducting training	136859
sessions for community schools and sponsors and prospective	136860
sponsors of community schools as prescribed in division (A)(1) of	136861
section 3314.015 of the Revised Code, and other schools	136862
participating in school choice programs. In developing the	136863
community school training sessions, the Department shall collect	136864
and disseminate examples of best practices used by sponsors of	136865
independent charter schools in Ohio and other states.	136866

Section 267.20.70. PUPIL TRANSPORTATION

136867

Of the foregoing appropriation item 200502, Pupil	136868
Transportation, up to $838,930 in each fiscal year may be used by	136869
the Department of Education for training prospective and	136870
experienced school bus drivers in accordance with training	136871
programs prescribed by the Department. Up to $60,469,220 in each	136872
fiscal year may be used by the Department of Education for special	136873
education transportation reimbursements to school districts and	136874
county DD boards for transportation operating costs as provided in	136875
division (J) of section 3317.024 of the Revised Code. Up to	136876
$650,000 in each fiscal year may be used to partially reimburse	136877
school districts for costs of providing transportation services to	136878
nontraditional schools when those schools are open on a day the	136879
traditional school district is not scheduled to open. Up to	136880
$5,000,000 in each fiscal year may be used by the Department of	136881
Education to reimburse school districts that make payments to	136882
parents in lieu of transportation under section 3327.02 of the	136883
Revised Code and whose transportation is not funded under division	136884
(C) of section 3317.024 of the Revised Code.	136885

The remainder of appropriation item 200502, Pupil	136886
Transportation, shall be used to distribute the amounts calculated	136887
for formula aid under Section 267.30.50 of this act.	136888

Section 267.20.80. SCHOOL LUNCH MATCH

136889

The foregoing appropriation item 200505, School Lunch Match,	136890
shall be used to provide matching funds to obtain federal funds	136891
for the school lunch program.	136892

Any remaining appropriation after providing matching funds	136893
for the school lunch program may be used to partially reimburse	136894
school buildings within school districts that are required to have	136895
a school breakfast program under section 3313.813 of the Revised	136896
Code, at a rate decided by the Department.	136897

Section 267.20.90. AUXILIARY SERVICES

136898

The foregoing appropriation item 200511, Auxiliary Services,	136899
shall be used by the Department of Education for the purpose of	136900
implementing section 3317.06 of the Revised Code. Of the	136901
appropriation, up to $1,789,943 in each fiscal year may be used	136902
for payment of the Post-Secondary Enrollment Options Program for	136903
nonpublic students. Notwithstanding section 3365.10 of the Revised	136904
Code, the Department shall distribute funding according to rules	136905
adopted by the Department in accordance with Chapter 119. of the	136906
Revised Code.	136907

Section 267.30.10. NONPUBLIC ADMINISTRATIVE COST	136908
REIMBURSEMENT	136909

The foregoing appropriation item 200532, Nonpublic	136910
Administrative Cost Reimbursement, shall be used by the Department	136911
of Education for the purpose of implementing section 3317.063 of	136912
the Revised Code.	136913

Section 267.30.20. SPECIAL EDUCATION ENHANCEMENTS

136914

Of the foregoing appropriation item 200540, Special Education	136915
Enhancements, up to $2,206,875 in each fiscal year shall be used	136916
for home instruction for children with disabilities.	136917

Of the foregoing appropriation item 200540, Special Education	136918
Enhancements, up to $45,282,959 in each fiscal year shall be used	136919
to fund special education and related services at county boards of	136920
developmental disabilities for eligible students under section	136921
3317.20 of the Revised Code and at institutions for eligible	136922
students under section 3317.201 of the Revised Code.	136923
Notwithstanding the distribution formulas under sections 3317.20	136924
and 3317.201 of the Revised Code, funding for DD boards and	136925
institutions for fiscal year 2012 and fiscal year 2013 shall be	136926
determined by providing the per pupil amount received by each DD	136927
board and institution for the prior fiscal year for each student	136928
served in the current fiscal year.	136929

Of the foregoing appropriation item 200540, Special Education	136930
Enhancements, up to $1,333,468 in each fiscal year shall be used	136931
for parent mentoring programs.	136932

Of the foregoing appropriation item 200540, Special Education	136933
Enhancements, up to $2,537,824 in each fiscal year may be used for	136934
school psychology interns.	136935

The remainder of appropriation item 200540, Special Education	136936
Enhancements, shall be distributed by the Department of Education	136937
to county boards of developmental disabilities, educational	136938
service centers, and school districts for preschool special	136939
education units and preschool supervisory units under section	136940
3317.052 of the Revised Code. To the greatest extent possible, the	136941
Department of Education shall allocate these units to school	136942
districts and educational service centers.	136943

The Department may reimburse county DD boards, educational	136944
service centers, and school districts for services provided by	136945
instructional assistants, related services as defined in rule	136946
3301-51-11 of the Administrative Code, physical therapy services	136947
provided by a licensed physical therapist or physical therapist	136948
assistant under the supervision of a licensed physical therapist	136949
as required under Chapter 4755. of the Revised Code and Chapter	136950
4755-27 of the Administrative Code and occupational therapy	136951
services provided by a licensed occupational therapist or	136952
occupational therapy assistant under the supervision of a licensed	136953
occupational therapist as required under Chapter 4755. of the	136954
Revised Code and Chapter 4755-7 of the Administrative Code.	136955
Nothing in this section authorizes occupational therapy assistants	136956
or physical therapist assistants to generate or manage their own	136957
caseloads.	136958

The Department of Education shall require school districts,	136959
educational service centers, and county DD boards serving	136960
preschool children with disabilities to adhere to Ohio's Early	136961
Learning Program Guidelines and document child progress using	136962
research-based indicators prescribed by the Department and report	136963
results annually. The reporting dates and method shall be	136964
determined by the Department.	136965

Section 267.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

136966

Of the foregoing appropriation item 200545, Career-Technical	136967
Education Enhancements, up to $2,563,568 in each fiscal year shall	136968
be used to fund secondary career-technical education at	136969
institutions using a grant-based methodology, notwithstanding	136970
sections 3317.05, 3317.052, and 3317.053 of the Revised Code.	136971

Of the foregoing appropriation item 200545, Career-Technical	136972
Education Enhancements, up to $2,838,281 in each fiscal year shall	136973
be used by the Department of Education to fund competitive grants	136974
to tech prep consortia that expand the number of students enrolled	136975
in tech prep programs. These grant funds shall be used to directly	136976
support expanded tech prep programs provided to students enrolled	136977
in school districts, including joint vocational school districts,	136978
and affiliated higher education institutions. This support may	136979
include the purchase of equipment.	136980

Of the foregoing appropriation item 200545, Career-Technical	136981
Education Enhancements, up to $3,100,850 in each fiscal year shall	136982
be used by the Department of Education to support existing High	136983
Schools That Work (HSTW) sites, develop and support new sites,	136984
fund technical assistance, and support regional centers and middle	136985
school programs. The purpose of HSTW is to combine challenging	136986
academic courses and modern career-technical studies to raise the	136987
academic achievement of students. HSTW provides intensive	136988
technical assistance, focused staff development, targeted	136989
assessment services, and ongoing communications and networking	136990
opportunities.	136991

Of the foregoing appropriation item 200545, Career-Technical	136992
Education Enhancements, up to $300,000 in each fiscal year shall	136993
be used by the Department of Education to enable students in	136994
agricultural programs to enroll in a fifth quarter of instruction	136995
based on the agricultural education model of delivering work-based	136996
learning through supervised agricultural experience. The	136997
Department of Education shall determine eligibility criteria and	136998
the reporting process for the Agriculture 5th Quarter Project and	136999
shall fund as many programs as possible given the set aside.	137000

Section 267.30.40. FOUNDATION FUNDING

137001

Of the foregoing appropriation item 200550, Foundation	137002
Funding, up to $250,000 in each fiscal year may be used by the	137003
Department to fund a shared services pilot project involving at	137004
least two educational service centers. The pilot project shall	137005
focus on the design, implementation, and evaluation of a shared	137006
service delivery model. The educational service centers	137007
participating in the pilot project shall submit a report not later	137008
than September 1, 2013, to the Governor, members of the General	137009
Assembly, and members of the State Board of Education, reviewing	137010
the opportunities and challenges of implementing shared services	137011
initiatives as well as any real or projected cost efficiencies	137012
achieved through the pilot project.	137013

Of the foregoing appropriation item 200550, Foundation	137014
Funding, up to $425,000 shall be expended in each fiscal year for	137015
court payments under section 2151.362 of the Revised Code.	137016

Of the foregoing appropriation item 200550, Foundation	137017
Funding, up to $8,100,000 in each fiscal year shall be used to	137018
fund gifted education at educational service centers. The	137019
Department shall distribute the funding through the unit-based	137020
funding methodology in place under division (L) of section	137021
3317.024, division (E) of section 3317.05, and divisions (A), (B),	137022
and (C) of section 3317.053 of the Revised Code as they existed	137023
prior to fiscal year 2010. Any remaining funds shall be used as an	137024
additional supplement to each city, exempted village, and local	137025
school district for identifying gifted students under Chapter	137026
3324. of the Revised Code.	137027

Of the foregoing appropriation item 200550, Foundation	137028
Funding, up to $10,000,000 in each fiscal year shall be used to	137029
provide additional state aid to school districts, joint vocational	137030
school districts, and community schools for special education	137031
students under division (C)(3) of section 3317.022 of the Revised	137032
Code, except that the Controlling Board may increase these amounts	137033
if presented with such a request from the Department of Education	137034
at the final meeting of the fiscal year; and up to $2,000,000 in	137035
each fiscal year shall be reserved for Youth Services tuition	137036
payments under section 3317.024 of the Revised Code.	137037

Of the foregoing appropriation item 200550, Foundation	137038
Funding, up to $41,760,000 in fiscal year 2012 and up to	137039
$35,323,000 in fiscal year 2013 shall be reserved to fund the	137040
state reimbursement of educational service centers under section	137041
3317.11 of the Revised Code and the section of this act entitled	137042
"EDUCATIONAL SERVICE CENTERS FUNDING;" and up to $3,545,752 in	137043
each fiscal year shall be distributed to educational service	137044
centers for School Improvement Initiatives. Educational service	137045
centers shall be required to support districts in the development	137046
and implementation of their continuous improvement plans as	137047
required in section 3302.04 of the Revised Code and to provide	137048
technical assistance and support in accordance with Title I of the	137049
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.	137050
6317.	137051

Of the foregoing appropriation item 200550, Foundation	137052
Funding, up to $1,000,000 in each fiscal year shall be used by the	137053
Department of Education for a program to pay for educational	137054
services for youth who have been assigned by a juvenile court or	137055
other authorized agency to any of the facilities described in	137056
division (A) of the section of this act entitled "PRIVATE	137057
TREATMENT FACILITY PROJECT."	137058

Of the foregoing appropriation item 200550, Foundation	137059
Funding, up to $12,522,860 in each fiscal year shall be used to	137060
support the Cleveland school choice program.	137061

Of the portion of the funds distributed to the Cleveland	137062
Municipal School District under this section, up to $11,901,887 in	137063
each fiscal year shall be used to operate the school choice	137064
program in the Cleveland Municipal School District under sections	137065
3313.974 to 3313.979 of the Revised Code. Notwithstanding	137066
divisions (B) and (C) of section 3313.978 and division (C) of	137067
section 3313.979 of the Revised Code, up to $1,000,000 in each	137068
fiscal year of this amount shall be used by the Cleveland	137069
Municipal School District to provide tutorial assistance as	137070
provided in division (H) of section 3313.974 of the Revised Code.	137071
The Cleveland Municipal School District shall report the use of	137072
these funds in the district's three-year continuous improvement	137073
plan as described in section 3302.04 of the Revised Code in a	137074
manner approved by the Department of Education.	137075

Of the foregoing appropriation item 200550, Foundation	137076
Funding, an amount shall be available in each fiscal year to be	137077
paid to joint vocational school districts in accordance with the	137078
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL	137079
DISTRICTS."	137080

Of the foregoing appropriation item 200550, Foundation	137081
Funding, a portion in each fiscal year shall be paid to city,	137082
exempted village, and local school districts in accordance with	137083
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT	137084
FUNDING."	137085

Of the foregoing appropriation item 200550, Foundation	137086
Funding, a portion in each fiscal year shall be paid to city,	137087
exempted village, and local school districts in accordance with	137088
the section of this act entitled "SUBSIDY FOR HIGH PERFORMING	137089
SCHOOL DISTRICTS.	137090

The remainder of appropriation item 200550, Foundation	137091
Funding, shall be used to distribute the amounts calculated for	137092
formula aid under Section 267.30.50 of this act.	137093

Appropriation items 200502, Pupil Transportation, 200540,	137094
Special Education Enhancements, and 200550, Foundation Funding,	137095
other than specific set-asides, are collectively used in each	137096
fiscal year to pay state formula aid obligations for school	137097
districts, community schools, STEM schools, and joint vocational	137098
school districts under this act. The first priority of these	137099
appropriation items, with the exception of specific set-asides, is	137100
to fund state formula aid obligations. It may be necessary to	137101
reallocate funds among these appropriation items or use excess	137102
funds from other general revenue fund appropriation items in the	137103
Department of Education's budget in each fiscal year, in order to	137104
meet state formula aid obligations. If it is determined that it is	137105
necessary to transfer funds among these appropriation items or to	137106
transfer funds from other General Revenue Fund appropriations in	137107
the Department of Education's budget to meet state formula aid	137108
obligations, the Department of Education shall seek approval from	137109
the Controlling Board to transfer funds as needed.	137110

Section 267.30.50. FUNDING FOR CITY, EXEMPTED VILLAGE, AND	137111
LOCAL SCHOOL DISTRICTS	137112

(A) For each of fiscal years 2012 and 2013, the Department of	137113
Education shall compute and pay operating funding for each city,	137114
exempted village, and local school district according to the	137115
following formula:	137116

[(The final amount computed for fiscal year 2011 under	137117

the line on the district's PASS form entitled "State	137118

Resources for the Foundation Funding Program" / the district's	137119

recalculated fiscal year 2011 formula ADM) X the district's	137120

current year formula ADM] - the district's adjustment amount	137121

Where:

137122

(1) "PASS form" means the form for calculating operating	137123
payments to school districts as prescribed by former section	137124
3306.012 of the Revised Code.	137125

(2) "Recalculated fiscal year 2011 formula ADM" means the	137126
district's average daily membership reported in October 2010 under	137127
division (A) of section 3317.03 of the Revised Code, as verified	137128
by the Superintendent of Public Instruction and adjusted if so	137129
ordered under division (K) of that section, and as further	137130
adjusted by the Department, as follows:	137131

(a) Count only twenty per cent of the number of joint	137132
vocational school district students counted under division (A)(3)	137133
of section 3317.03 of the Revised Code;	137134

(b) Add twenty per cent of the number of students who are	137135
entitled to attend school in the district under section 3313.64 or	137136
3313.65 of the Revised Code and are enrolled in another school	137137
district under a career-technical educational compact.	137138

(3) "Current year formula ADM" means the district's formula	137139
ADM for the current fiscal year as defined in section 3317.02 of	137140
the Revised Code.	137141

(4) "The district's adjustment amount" means the amount	137142
computed under division (B)(5) of this section.	137143

If the computation made under division (A) of this section	137144
results in a negative number, the district's funding under this	137145
section shall be zero.	137146

(B) To make the computation required by division (A) of this	137147
section, the Department shall determine all of the following:	137148

(1) Each district's charge-off valuation per pupil, which	137149
shall be the valuation used to determine the district's state	137150
share of the adequacy amount for fiscal year 2011, under former	137151
section 3306.13 of the Revised Code, divided by the district's	137152
recalculated fiscal year 2011 formula ADM;	137153

(2) The statewide median charge-off valuation per pupil;

137154

(3) Each district's charge-off valuation index, which shall	137155
be the district's charge-off valuation per pupil divided by the	137156
statewide median charge-off valuation per pupil;	137157

(4) The statewide per pupil adjustment amount. The Department	137158
shall determine that amount so that the total statewide formula	137159
aid obligation for school districts does not exceed the aggregate	137160
amount appropriated for formula aid under line items 200502,	137161
200550, and 200612.	137162

(5) Each district's adjustment amount, which shall be the	137163
district's charge-off valuation index multiplied by the statewide	137164
per pupil adjustment amount multiplied by the district's current	137165
year formula ADM.	137166

(C) On the form that the Department uses to compute funding	137167
for a school district in accordance with this section, the	137168
Department also shall indicate the amount of that funding	137169
allocated to special education and related services, the amount	137170
allocated to career-technical education, and the amount allocated	137171
to gifted education. The amounts allocated for special education	137172
and career-technical education shall be the amounts indicated on	137173
the PASS form for fiscal year 2011. Each school district that	137174
receives an allocation for career-technical education shall spend	137175
the funds only for purposes the Department of Education designates	137176
as approved for career-technical education expenses.	137177
Career-technical education expenses approved by the Department	137178
shall include only expenses connected to the delivery of	137179
career-technical programming to students enrolled in	137180
state-approved career-technical programs. If a school district	137181
informs the Department that it is unable to spend the full	137182
allocation on approved career-technical education expenses, the	137183
Department may reallocate the district's unexpended amount of the	137184
career-technical education allocation to other school districts.	137185
The overall funding levels calculated under division (A) of this	137186
section for districts affected by a reallocation under this	137187
division shall be adjusted accordingly. The Department shall first	137188
allocate the funds to school districts within the original school	137189
district's vocational education planning district that have growth	137190
in career-technical enrollment from the previous fiscal year. If	137191
there are no such districts, the Department shall allocate the	137192
funds to other school districts, with priority given to districts	137193
according to each district's growth in career-technical enrollment	137194
from the previous fiscal year. The amounts allocated to gifted	137195
education shall be the amounts districts received for gifted unit	137196
funding and supplemental identification funds in fiscal year 2009,	137197
either directly or through funds allocated to educational service	137198
centers. The Department shall require each school district to	137199
report data annually so that the Department may monitor and	137200
enforce the district's compliance with the requirements regarding	137201
the manner in which allocations for career-technical education and	137202
gifted education may be spent.	137203

(D) For fiscal years 2012 and 2013, wherever a provision of	137204
law refers to payments or adjustments for a school district made	137205
in accordance with any section of Chapter 3317. of the Revised	137206
Code, that reference shall be construed to include payments or	137207
adjustments made under this section.	137208

Section 267.30.53. SUPPLEMENTAL SCHOOL DISTRICT FUNDING

137209

(A) For each of fiscal years 2012 and 2013, the Department of	137210
Education shall compute and pay supplemental operating funding for	137211
each city, exempted village, and local school district according	137212
to the following formula:	137213

(The final amount computed for fiscal year 2011 under the	137214
line on the district's PASS form entitled "State Resources for the	137215
Foundation Funding Program" minus the portion of that amount paid	137216
from funds received under the American Recovery and Reinvestment	137217
Act State Fiscal Stabilization Fund) minus the amount computed for	137218
the district for the current fiscal year under Section 267.30.50	137219
of this act.	137220

(B) If the computation made under division (A) of this	137221
section results in a negative number, the district's funding under	137222
that division shall be zero.	137223

Section 267.30.56. SUBSIDY FOR HIGH PERFORMING SCHOOL	137224
DISTRICTS	137225

In addition to any other payments made under Sections	137226
267.30.50 and 267.30.53 of this act or under Chapter 3317. of the	137227
Revised Code, for each of fiscal years 2012 and 2013, the	137228
Department of Education shall pay to each qualifying school	137229
district the applicable amount prescribed by this section.	137230

The Department shall pay an amount equal to $17 times the	137231
district's current-year formula ADM to each district that is rated	137232
as "excellent with distinction" or "excellent" on the report card	137233
issued for the district under section 3302.03 of the Revised Code	137234
for the prior school year.	137235

Section 267.30.60. FUNDING FOR JOINT VOCATIONAL SCHOOL	137236
DISTRICTS	137237

The Department of Education shall distribute funds within	137238
appropriation item 200550, Foundation Funding, for joint	137239
vocational funding in each fiscal year to each joint vocational	137240
school district that received joint vocational funding in fiscal	137241
year 2011. The Department shall distribute to each such district	137242
joint vocational funding in an amount equal to the district's	137243
total state foundation aid as reported on the final JVS payment	137244
report produced by the Department for the previous fiscal year.	137245

The joint vocational funding for each fiscal year for each	137246
district is the amount specified in this section less any general	137247
revenue fund spending reductions ordered by the Governor under	137248
section 126.05 of the Revised Code.	137249

Section 267.30.70. PROPERTY TAX ALLOCATION - EDUCATION

137250

The Superintendent of Public Instruction shall not request,	137251
and the Controlling Board shall not approve, the transfer of	137252
appropriation from appropriation item 200901, Property Tax	137253
Allocation - Education, to any other appropriation item.	137254

The appropriation item 200901, Property Tax Allocation -	137255
Education, is appropriated to pay for the state's costs incurred	137256
because of the homestead exemption, the property tax rollback, and	137257
payments required under division (C) of section 5705.2110 of the	137258
Revised Code. In cooperation with the Department of Taxation, the	137259
Department of Education shall distribute these funds directly to	137260
the appropriate school districts of the state, notwithstanding	137261
sections 321.24 and 323.156 of the Revised Code, which provide for	137262
payment of the homestead exemption and property tax rollback by	137263
the Tax Commissioner to the appropriate county treasurer and the	137264
subsequent redistribution of these funds to the appropriate local	137265
taxing districts by the county auditor.	137266

Upon receipt of these amounts, each school district shall	137267
distribute the amount among the proper funds as if it had been	137268
paid as real or tangible personal property taxes. Payments for the	137269
costs of administration shall continue to be paid to the county	137270
treasurer and county auditor as provided for in sections 319.54,	137271
321.26, and 323.156 of the Revised Code.	137272

Any sums, in addition to the amount specifically appropriated	137273
in appropriation items 200901, Property Tax Allocation -	137274
Education, for the homestead exemption and the property tax	137275
rollback payments, and payments required under division (C) of	137276
section 5705.2110 of the Revised Code, which are determined to be	137277
necessary for these purposes, are hereby appropriated.	137278

Section 267.30.80. TEACHER CERTIFICATION AND LICENSURE

137279

The foregoing appropriation item 200681, Teacher	137280
Certification and Licensure, shall be used by the Department of	137281
Education in each year of the biennium to administer and support	137282
teacher certification and licensure activities.	137283

SCHOOL DISTRICT SOLVENCY ASSISTANCE

137284

(A) Of the foregoing appropriation item 200687, School	137285
District Solvency Assistance, $20,000,000 in each fiscal year	137286
shall be allocated to the School District Shared Resource Account	137287
and $5,000,000 in each fiscal year shall be allocated to the	137288
Catastrophic Expenditures Account. These funds shall be used to	137289
provide assistance and grants to school districts to enable them	137290
to remain solvent under section 3316.20 of the Revised Code.	137291
Assistance and grants shall be subject to approval by the	137292
Controlling Board. Except as provided under division (C) of this	137293
section, any required reimbursements from school districts for	137294
solvency assistance shall be made to the appropriate account in	137295
the School District Solvency Assistance Fund (Fund 5H30).	137296

(B) Notwithstanding any provision of law to the contrary,	137297
upon the request of the Superintendent of Public Instruction, the	137298
Director of Budget and Management may make transfers to the School	137299
District Solvency Assistance Fund (Fund 5H30) from any fund used	137300
by the Department of Education or the General Revenue Fund to	137301
maintain sufficient cash balances in Fund 5H30 in fiscal years	137302
2012 and 2013. Any cash transferred is hereby appropriated. The	137303
transferred cash may be used by the Department of Education to	137304
provide assistance and grants to school districts to enable them	137305
to remain solvent and to pay unforeseeable expenses of a temporary	137306
or emergency nature that the school district is unable to pay from	137307
existing resources. The Director of Budget and Management shall	137308
notify the members of the Controlling Board of any such transfers.	137309

(C) If the cash balance of the School District Solvency	137310
Assistance Fund (Fund 5H30) is insufficient to pay solvency	137311
assistance in fiscal years 2012 and 2013, at the request of the	137312
Superintendent of Public Instruction, and with the approval of the	137313
Controlling Board, the Director of Budget and Management may	137314
transfer cash from the Lottery Profits Education Reserve Fund	137315
(Fund 7018) to Fund 5H30 to provide assistance and grants to	137316
school districts to enable them to remain solvent and to pay	137317
unforeseeable expenses of a temporary nature that they are unable	137318
to pay from existing resources under section 3316.20 of the	137319
Revised Code. Such transfers are hereby appropriated to	137320
appropriation item 200670, School District Solvency Assistance –	137321
Lottery. Any required reimbursements from school districts for	137322
solvency assistance granted from appropriation item 200670, School	137323
District Solvency Assistance – Lottery, shall be made to Fund	137324
7018.	137325

Section 267.30.90. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS

137326

Upon the request of the Superintendent of Public Instruction,	137327
the Director of Budget and Management may transfer up to $639,000	137328
cash in each fiscal year from the General Revenue Fund to the	137329
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The	137330
transferred cash is to be used by the Department of Education to	137331
pay the expenses the Department incurs in administering the	137332
Medicaid School Component of the Medicaid program established	137333
under sections 5111.71 to 5111.715 of the Revised Code. On June 1	137334
of each fiscal year, or as soon as possible thereafter, the	137335
Director of Budget and Management shall transfer cash from Fund	137336
3AF0 back to the General Revenue Fund in an amount equal to the	137337
total amount transferred to Fund 3AF0 in that fiscal year.	137338

The money deposited into Fund 3AF0 under division (B) of	137339
section 5111.714 of the Revised Code is hereby appropriated for	137340
fiscal years 2012 and 2013 and shall be used in accordance with	137341
division (D) of section 5111.714 of the Revised Code.	137342

Section 267.40.10. HALF-MILL MAINTENANCE EQUALIZATION

137343

The foregoing appropriation item 200626, Half-Mill	137344
Maintenance Equalization, shall be used to make payments pursuant	137345
to section 3318.18 of the Revised Code.	137346

Section 267.40.20. AUXILIARY SERVICES REIMBURSEMENT

137347

Notwithstanding section 3317.064 of the Revised Code, if the	137348
unexpended, unencumbered cash balance is sufficient, the Treasurer	137349
of State shall transfer $1,500,000 in fiscal year 2012 within	137350
thirty days after the effective date of this section, and	137351
$1,500,000 in fiscal year 2013 by August 1, 2012, from the	137352
Auxiliary Services Personnel Unemployment Compensation Fund to the	137353
Auxiliary Services Reimbursement Fund (Fund 5980) used by the	137354
Department of Education.	137355

Section 267.40.30. LOTTERY PROFITS EDUCATION FUND

137356

Appropriation item 200612, Foundation Funding (Fund 7017),	137357
shall be used in conjunction with appropriation item 200550,	137358
Foundation Funding (GRF), to provide state foundation payments to	137359
school districts.	137360

The Department of Education, with the approval of the	137361
Director of Budget and Management, shall determine the monthly	137362
distribution schedules of appropriation item 200550, Foundation	137363
Funding (GRF), and appropriation item 200612, Foundation Funding	137364
(Fund 7017). If adjustments to the monthly distribution schedule	137365
are necessary, the Department of Education shall make such	137366
adjustments with the approval of the Director of Budget and	137367
Management.	137368

Section 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND

137369

(A) There is hereby created the Lottery Profits Education	137370
Reserve Fund (Fund 7018) in the State Treasury. Investment	137371
earnings of the Lottery Profits Education Reserve Fund shall be	137372
credited to the fund.	137373

(B) Notwithstanding any other provision of law to the	137374
contrary, the Director of Budget and Management may transfer cash	137375
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)	137376
in fiscal year 2012 and fiscal year 2013. Amounts transferred	137377
under this section are hereby appropriated.	137378

(C) On July 15, 2011, or as soon as possible thereafter, the	137379
Director of the Ohio Lottery Commission shall certify to the	137380
Director of Budget and Management the amount by which lottery	137381
profit transfers received by Fund 7017 exceeded $711,000,000 in	137382
fiscal year 2011. The Director of Budget and Management may	137383
transfer the amount so certified, plus the cash balance in Fund	137384
7017, to Fund 7018.	137385

(D) On July 15, 2012, or as soon as possible thereafter, the	137386
Director of the Ohio Lottery Commission shall certify to the	137387
Director of Budget and Management the amount by which lottery	137388
profit transfers received by Fund 7017 exceeded $717,500,000 in	137389
fiscal year 2012. The Director of Budget and Management may	137390
transfer the amount so certified, plus the cash balance in Fund	137391
7017, to Fund 7018.	137392

Section 267.40.50. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	137393
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)	137394

Notwithstanding any provision of law to the contrary, in	137395
fiscal year 2012 and fiscal year 2013 the Director of Budget and	137396
Management may make temporary transfers between the General	137397
Revenue Fund and the School District Property Tax Replacement –	137398
Business Fund (Fund 7047) in the Department of Education to ensure	137399
sufficient balances in Fund 7047 and to replenish the General	137400
Revenue Fund for such transfers.	137401

Section 267.40.60. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	137402
BUSINESS	137403

The foregoing appropriation item 200909, School District	137404
Property Tax Replacement – Business, shall be used by the	137405
Department of Education, in consultation with the Department of	137406
Taxation, to make payments to school districts and joint	137407
vocational school districts under section 5751.21 of the Revised	137408
Code. If it is determined by the Director of Budget and Management	137409
that additional appropriations are necessary for this purpose,	137410
such amounts are hereby appropriated.	137411

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

137412

The foregoing appropriation item 200900, School District	137413
Property Tax Replacement-Utility, shall be used by the Department	137414
of Education, in consultation with the Department of Taxation, to	137415
make payments to school districts and joint vocational school	137416
districts under section 5727.85 of the Revised Code. If it is	137417
determined by the Director of Budget and Management that	137418
additional appropriations are necessary for this purpose, such	137419
amounts are hereby appropriated.	137420

DISTRIBUTION FORMULAS

137421

The Department of Education shall report the following to the	137422
Director of Budget and Management and the Legislative Service	137423
Commission:	137424

(A) Changes in formulas for distributing state	137425
appropriations, including administratively defined formula	137426
factors;	137427

(B) Discretionary changes in formulas for distributing	137428
federal appropriations;	137429

(C) Federally mandated changes in formulas for distributing	137430
federal appropriations.	137431

Any such changes shall be reported two weeks prior to the	137432
effective date of the change.	137433

Section 267.40.70. EDUCATIONAL SERVICE CENTERS FUNDING

137434

In fiscal year 2012, each Educational Service Center shall	137435
receive funding equal to ninety per cent of the amount received in	137436
fiscal year 2011 under section 3317.11 of the Revised Code and	137437
Section 265.50.10 of Am. Sub. H.B. 1 of the 128th General	137438
Assembly.	137439

In fiscal year 2013, each Educational Service Center shall	137440
receive funding equal to eighty-five per cent of the amount	137441
received in fiscal year 2012 under this section.	137442

Notwithstanding any provision of law to the contrary, the	137443
Department of Education shall modify the payments under this	137444
section as follows:	137445

(A) If an educational service center ceases operation, the	137446
Department shall redistribute that center's funding, as calculated	137447
under this section, to the remaining centers in proportion to each	137448
center's service center ADM as defined in section 3317.11 of the	137449
Revised Code.	137450

(B) If two or more educational service centers merge	137451
operations to create a single service center, the Department shall	137452
distribute the sum of the original service centers' funding, as	137453
calculated under this section, to the new service center.	137454

Section 267.40.80. PRIVATE TREATMENT FACILITY PROJECT

137455

(A) As used in this section:

137456

(1) The following are "participating residential treatment	137457
centers":	137458

(a) Private residential treatment facilities that have	137459
entered into a contract with the Department of Youth Services to	137460
provide services to children placed at the facility by the	137461
Department and which, in fiscal year 2012 or fiscal year 2013 or	137462
both, the Department pays through appropriation item 470401,	137463
RECLAIM Ohio;	137464

(b) Abraxas, in Shelby;

137465

137466

(d) F.I.R.S.T., in Mansfield.

137467

(2) "Education program" means an elementary or secondary	137468
education program or a special education program and related	137469
services.	137470

(3) "Served child" means any child receiving an education	137471
program pursuant to division (B) of this section.	137472

(4) "School district responsible for tuition" means a city,	137473
exempted village, or local school district that, if tuition	137474
payment for a child by a school district is required under law	137475
that existed in fiscal year 1998, is the school district required	137476
to pay that tuition.	137477

(5) "Residential child" means a child who resides in a	137478
participating residential treatment center and who is receiving an	137479
educational program under division (B) of this section.	137480

(B) A youth who is a resident of the state and has been	137481
assigned by a juvenile court or other authorized agency to a	137482
residential treatment facility specified in division (A) of this	137483
section shall be enrolled in an approved educational program	137484
located in or near the facility. Approval of the educational	137485
program shall be contingent upon compliance with the criteria	137486
established for such programs by the Department of Education. The	137487
educational program shall be provided by a school district or	137488
educational service center, or by the residential facility itself.	137489
Maximum flexibility shall be given to the residential treatment	137490
facility to determine the provider. In the event that a voluntary	137491
agreement cannot be reached and the residential facility does not	137492
choose to provide the educational program, the educational service	137493
center in the county in which the facility is located shall	137494
provide the educational program at the treatment center to	137495
children under twenty-two years of age residing in the treatment	137496
center.	137497

(C) Any school district responsible for tuition for a	137498
residential child shall, notwithstanding any conflicting provision	137499
of the Revised Code regarding tuition payment, pay tuition for the	137500
child for fiscal year 2012 and fiscal year 2013 to the education	137501
program provider and in the amount specified in this division. If	137502
there is no school district responsible for tuition for a	137503
residential child and if the participating residential treatment	137504
center to which the child is assigned is located in the city,	137505
exempted village, or local school district that, if the child were	137506
not a resident of that treatment center, would be the school	137507
district where the child is entitled to attend school under	137508
sections 3313.64 and 3313.65 of the Revised Code, that school	137509
district, notwithstanding any conflicting provision of the Revised	137510
Code, shall pay tuition for the child for fiscal year 2012 and	137511
fiscal year 2013 under this division unless that school district	137512
is providing the educational program to the child under division	137513
(B) of this section.	137514

A tuition payment under this division shall be made to the	137515
school district, educational service center, or residential	137516
treatment facility providing the educational program to the child.	137517

The amount of tuition paid shall be:

137518

(1) The amount of tuition determined for the district under	137519
division (A) of section 3317.08 of the Revised Code;	137520

(2) In addition, for any student receiving special education	137521
pursuant to an individualized education program as defined in	137522
section 3323.01 of the Revised Code, a payment for excess costs.	137523
This payment shall equal the actual cost to the school district,	137524
educational service center, or residential treatment facility of	137525
providing special education and related services to the student	137526
pursuant to the student's individualized education program, minus	137527
the tuition paid for the child under division (C)(1) of this	137528
section.	137529

A school district paying tuition under this division shall	137530
not include the child for whom tuition is paid in the district's	137531
average daily membership certified under division (A) of section	137532
3317.03 of the Revised Code.	137533

(D) In each of fiscal years 2012 and 2013, the Department of	137534
Education shall reimburse, from appropriations made for the	137535
purpose, a school district, educational service center, or	137536
residential treatment facility, whichever is providing the	137537
service, that has demonstrated that it is in compliance with the	137538
funding criteria for each served child for whom a school district	137539
must pay tuition under division (C) of this section. The amount of	137540
the reimbursement shall be the amount appropriated for this	137541
purpose divided by the full-time equivalent number of children for	137542
whom reimbursement is to be made.	137543

(E) Funds provided to a school district, educational service	137544
center, or residential treatment facility under this section shall	137545
be used to supplement, not supplant, funds from other public	137546
sources for which the school district, service center, or	137547
residential treatment facility is entitled or eligible.	137548

(F) The Department of Education shall track the utilization	137549
of funds provided to school districts, educational service	137550
centers, and residential treatment facilities under this section	137551
and monitor the effect of the funding on the educational programs	137552
they provide in participating residential treatment facilities.	137553
The Department shall monitor the programs for educational	137554
accountability.	137555

Section 267.40.90. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	137556
ASSESSMENT OF EDUCATION PROGRESS	137557

The General Assembly intends for the Superintendent of Public	137558
Instruction to provide for school district participation in the	137559
administration of the National Assessment of Education Progress in	137560
accordance with section 3301.27 of the Revised Code. Each school	137561
and school district selected for participation by the	137562
Superintendent of Public Instruction shall participate.	137563

Section 267.50.10. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH	137564
STUDENTS	137565

(A) As used in this section:

137566

(1) "IEP" has the same meaning as in section 3323.01 of the	137567
Revised Code.	137568

(2) "SBH student" means a student receiving special education	137569
and related services for severe behavior disabilities pursuant to	137570
an IEP.	137571

(B) This section applies only to a community school	137572
established under Chapter 3314. of the Revised Code that in each	137573
of fiscal years 2012 and 2013 enrolls a number of SBH students	137574
equal to at least fifty per cent of the total number of students	137575
enrolled in the school in the applicable fiscal year.	137576

(C) In addition to any state foundation payments made, in	137577
each of fiscal years 2012 and 2013, the Department of Education	137578
shall pay to a community school to which this section applies a	137579
subsidy equal to the difference between the aggregate amount	137580
calculated and paid in that fiscal year to the community school	137581
for special education and related services additional weighted	137582
costs for the SBH students enrolled in the school and the	137583
aggregate amount that would have been calculated for the school	137584
for special education and related services additional weighted	137585
costs for those same students in fiscal year 2001. If the	137586
difference is a negative number, the amount of the subsidy shall	137587
be zero.	137588

(D) The amount of any subsidy paid to a community school	137589
under this section shall not be deducted from the school district	137590
in which any of the students enrolled in the community school are	137591
entitled to attend school under section 3313.64 or 3313.65 of the	137592
Revised Code. The amount of any subsidy paid to a community school	137593
under this section shall be paid from funds appropriated to the	137594
Department of Education in appropriation item 200550, Foundation	137595
Funding.	137596

Section 267.50.20. EARMARK ACCOUNTABILITY

137597

At the request of the Superintendent of Public Instruction,	137598
any entity that receives a budget earmark under the Department of	137599
Education shall submit annually to the chairpersons of the	137600
committees of the House of Representatives and the Senate	137601
primarily concerned with education and to the Department of	137602
Education a report that includes a description of the services	137603
supported by the funds, a description of the results achieved by	137604
those services, an analysis of the effectiveness of the program,	137605
and an opinion as to the program's applicability to other school	137606
districts. For an earmarked entity that received state funds from	137607
an earmark in the prior fiscal year, no funds shall be provided by	137608
the Department of Education to an earmarked entity for a fiscal	137609
year until its report for the prior fiscal year has been	137610
submitted.	137611

Section 267.50.30. PROHIBITION FROM OPERATING FROM HOME

137612

No community school established under Chapter 3314. of the	137613
Revised Code that was not open for operation as of May 1, 2005,	137614
shall operate from a home, as defined in section 3313.64 of the	137615
Revised Code.	137616

Section 267.50.40. EARLY COLLEGE START UP COMMUNITY SCHOOL

137617

(A) As used in this section:

137618

(1) "Big eight school district" has the same meaning as in	137619
section 3314.02 of the Revised Code.	137620

(2) "Early college high school" means a high school that	137621
provides students with a personalized learning plan based on an	137622
accelerated curriculum combining high school and college-level	137623
coursework.	137624

(B) Any early college high school that is operated by a big	137625
eight school district in partnership with a private university may	137626
operate as a new start-up community school under Chapter 3314. of	137627
the Revised Code beginning in the 2007-2008 school year, if all of	137628
the following conditions are met:	137629

(1) The governing authority and sponsor of the school enter	137630
into a contract in accordance with section 3314.03 of the Revised	137631
Code and, notwithstanding division (D) of section 3314.02 of the	137632
Revised Code, both parties adopt and sign the contract by July 9,	137633
2007.	137634

(2) Notwithstanding division (A) of former section 3314.016	137635
of the Revised Code, the school's governing authority enters into	137636
a contract with the private university under which the university	137637
will be the school's operator.	137638

(3) The school provides the same educational program the	137639
school provided while part of the big eight school district.	137640

Section 267.50.50. USE OF VOLUNTEERS

137641

The Department of Education may utilize the services of	137642
volunteers to accomplish any of the purposes of the Department.	137643
The Superintendent of Public Instruction shall approve for what	137644
purposes volunteers may be used and for these purposes may	137645
recruit, train, and oversee the services of volunteers. The	137646
Superintendent may reimburse volunteers for necessary and	137647
appropriate expenses in accordance with state guidelines and may	137648
designate volunteers as state employees for the purpose of motor	137649
vehicle accident liability insurance under section 9.83 of the	137650
Revised Code, for immunity under section 9.86 of the Revised Code,	137651
and for indemnification from liability incurred in the performance	137652
of their duties under section 9.87 of the Revised Code.	137653

Section 267.50.60. RESTRICTION OF LIABILITY FOR CERTAIN	137654
REIMBURSEMENTS	137655

(A) Except as expressly required under a court judgment not	137656
subject to further appeals, or a settlement agreement with a	137657
school district executed on or before June 1, 2009, in the case of	137658
a school district for which the formula ADM for fiscal year 2005,	137659
as reported for that fiscal year under division (A) of section	137660
3317.03 of the Revised Code, was reduced based on enrollment	137661
reports for community schools, made under section 3314.08 of the	137662
Revised Code, regarding students entitled to attend school in the	137663
district, which reduction of formula ADM resulted in a reduction	137664
of foundation funding or transitional aid funding for fiscal year	137665
2005, 2006, or 2007, no school district, except a district named	137666
in the court's judgment or the settlement agreement, shall have a	137667
legal claim for reimbursement of the amount of such reduction in	137668
foundation funding or transitional aid funding, and the state	137669
shall not have liability for reimbursement of the amount of such	137670
reduction in foundation funding or transitional aid funding.	137671

(B) As used in this section:

137672

(1) "Community school" means a community school established	137673
under Chapter 3314. of the Revised Code.	137674

(2) "Entitled to attend school" means entitled to attend	137675
school in a school district under section 3313.64 or 3313.65 of	137676
the Revised Code.	137677

(3) "Foundation funding" means payments calculated for the	137678
respective fiscal year under Chapter 3317. of the Revised Code.	137679

(4) "Transitional aid funding" means payments calculated for	137680
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95	137681
of the 125th General Assembly, as subsequently amended; Section	137682
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as	137683
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119	137684
of the 127th General Assembly.	137685

Section 267.50.70. UNAUDITABLE COMMUNITY SCHOOL

137686

(A) If the Auditor of State or a public accountant, pursuant	137687
to section 117.41 of the Revised Code, declares a community school	137688
established under Chapter 3314. of the Revised Code to be	137689
unauditable, the Auditor of State shall provide written	137690
notification of that declaration to the school, the school's	137691
sponsor, and the Department of Education. The Auditor of State	137692
also shall post the notification on the Auditor of State's web	137693
site.	137694

(B) Notwithstanding any provision to the contrary in Chapter	137695
3314. of the Revised Code or any other provision of law, a sponsor	137696
of a community school that is notified by the Auditor of State	137697
under division (A) of this section that a community school it	137698
sponsors is unauditable shall not enter into contracts with any	137699
additional community schools under section 3314.03 of the Revised	137700
Code until the Auditor of State or a public accountant has	137701
completed a financial audit of that school.	137702

(C) Not later than forty-five days after receiving	137703
notification by the Auditor of State under division (A) of this	137704
section that a community school is unauditable, the sponsor of the	137705
school shall provide a written response to the Auditor of State.	137706
The response shall include the following:	137707

(1) An overview of the process the sponsor will use to review	137708
and understand the circumstances that led to the community school	137709
becoming unauditable;	137710

(2) A plan for providing the Auditor of State with the	137711
documentation necessary to complete an audit of the community	137712
school and for ensuring that all financial documents are available	137713
in the future;	137714

(3) The actions the sponsor will take to ensure that the plan	137715
described in division (C)(2) of this section is implemented.	137716

(D) If a community school fails to make reasonable efforts	137717
and continuing progress to bring its accounts, records, files, or	137718
reports into an auditable condition within ninety days after being	137719
declared unauditable, the Auditor of State, in addition to	137720
requesting legal action under sections 117.41 and 117.42 of the	137721
Revised Code, shall notify the Department of the school's failure.	137722
If the Auditor of State or a public accountant subsequently is	137723
able to complete a financial audit of the school, the Auditor of	137724
State shall notify the Department that the audit has been	137725
completed.	137726

(E) Notwithstanding any provision to the contrary in Chapter	137727
3314. of the Revised Code or any other provision of law, upon	137728
notification by the Auditor of State under division (D) of this	137729
section that a community school has failed to make reasonable	137730
efforts and continuing progress to bring its accounts, records,	137731
files, or reports into an auditable condition following a	137732
declaration that the school is unauditable, the Department shall	137733
immediately cease all payments to the school under Chapter 3314.	137734
of the Revised Code and any other provision of law. Upon	137735
subsequent notification from the Auditor of State under that	137736
division that the Auditor of State or a public accountant was able	137737
to complete a financial audit of the community school, the	137738
Department shall release all funds withheld from the school under	137739
this section.	137740

Section 267.50.80. FLEXIBLE FUNDING FOR FAMILIES AND	137741
CHILDREN	137742

In collaboration with the County Family and Children First	137743
Council, a city, local, or exempted village school district,	137744
community school, STEM school, joint vocational school district,	137745
educational service center, or county board of developmental	137746
disabilities that receives allocations from the Department of	137747
Education from appropriation item 200550, Foundation Funding, or	137748
appropriation item 200540, Special Education Enhancements, may	137749
transfer portions of those allocations to a flexible funding pool	137750
authorized by the Section of this act entitled "FAMILY AND	137751
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for	137752
maintenance of effort or for federal or state funding matching	137753
requirements shall not be transferred unless the allocation may	137754
still be used to meet such requirements.	137755

Section 267.50.90. EDUCATIONAL SHARED SERVICES MODEL/P-16	137756
COUNCILS	137757

The Governor's Director of 21st Century Education shall	137758
develop a plan for the integration and consolidation of the	137759
publicly supported regional shared services organizations serving	137760
Ohio's public and chartered nonpublic schools and develop a plan	137761
to encourage communities and school districts to create regional	137762
P-16 councils to better organize and share existing community	137763
resources to improve student achievement. The Director shall	137764
include recommendations for implementation of the plans beginning	137765
July 1, 2012.	137766

In preparing the shared services plan, the Director shall	137767
recommend educational support organizations to be integrated into	137768
the regional shared service center system. The organizations to be	137769
integrated shall include, but shall not be limited to, educational	137770
service centers, education technology centers, information	137771
technology centers, area media centers, Ohio's statewide system of	137772
support, the education regional service system, regional advisory	137773
boards, and regional staff from the Department of Education	137774
providing direct support to school districts.	137775

In preparing the recommendations of the shared services plan,	137776
the Director shall include an examination of services offered to	137777
public and chartered nonpublic schools and recommendations for	137778
integration of services into a shared services model. Services to	137779
be considered shall include, but shall not be limited to, general	137780
instruction, special education, gifted education, academic	137781
leadership, technology, fiscal management, transportation, food	137782
services, human resources, employee benefits, pooled purchasing,	137783
professional development, and noninstructional support.	137784

Not later than October 15, 2011, the Director shall conduct a	137785
shared services survey of Ohio's school districts, community	137786
schools, STEM schools, chartered nonpublic schools, joint	137787
vocational school districts, and other educational service	137788
providers and local political subdivisions to gather baseline data	137789
on the current status of shared services and to determine where	137790
opportunities for additional shared services exist.	137791

In preparing the P-16 plan, the Director shall develop a set	137792
of model criteria that encourages and permits communities and	137793
school districts to create local P-16 councils. Members of the	137794
councils shall include, but not be limited to, local community	137795
leaders in primary and secondary education, higher education,	137796
early childhood education, and representatives of business,	137797
nonprofit, and social service agencies.	137798

In preparing the recommendations for the P-16 plan, the	137799
Director shall include an examination of existing P-16 councils in	137800
Ohio and identify for inclusion in the model criteria their	137801
success in setting short and long-term student achievement and	137802
growth targets in their communities, leading cross-sector	137803
strategies to improve student-level outcomes, effectively using	137804
data to inform decisions around funding, providing intervention	137805
strategies for students, and achieving greater systems alignment.	137806

Not later than January 1, 2012, the Director shall submit to	137807
the Governor and the General Assembly, in accordance with section	137808
101.68 of the Revised Code, legislative recommendations for	137809
implementation of the plans.	137810

Section 267.60.10. If there are unencumbered moneys remaining	137811
on July 1, 2011, in a school district's textbook and instructional	137812
materials fund, as required by former section 3315.17 of the	137813
Revised Code, the district board of education may transfer those	137814
moneys to the district's general fund and may use such moneys for	137815
any purpose authorized for general fund moneys.	137816

Section 267.60.20. A new conversion community school	137817
established under division (B) of section 3314.02 of the Revised	137818
Code may open for operation in the 2011-2012 school year,	137819
notwithstanding the deadlines prescribed by division (D) of	137820
section 3314.02 of the Revised Code for adoption and signing of	137821
the contract under section 3314.03 of the Revised Code, but those	137822
parties shall adopt and sign the contract, and file a copy of it	137823
with the Superintendent of Public Instruction, prior to the	137824
school's opening.	137825

Section 267.60.30. The State Board of Education shall	137826
initiate rulemaking procedures for the rules for the Special	137827
Education Scholarship Program, required under section 3310.64 of	137828
the Revised Code, as enacted by this act, so that those rules are	137829
in effect not later than one hundred twenty days after the	137830
effective date of this section.	137831

Section 267.60.31. The Department of Education shall conduct	137832
a formative evaluation of the Special Education Scholarship	137833
Program established under sections 3310.51 to 3310.64 of the	137834
Revised Code, using both quantitative and qualitative analyses,	137835
and shall report its findings to the General Assembly, in	137836
accordance with section 101.68 of the Revised Code, not later than	137837
December 31, 2014.	137838

The study shall include an assessment of:

137839

(A) The level of the participating student's satisfaction	137840
with the program;	137841

(B) The level of the participating parent's satisfaction with	137842
the program;	137843

(C) The fiscal impact to the state and resident school	137844
districts affected by the program.	137845

In conducting the evaluation, the Department shall to the	137846
extent possible gather comments from parents who have been awarded	137847
scholarships under the program, school district officials,	137848
representatives of registered private providers, educators, and	137849
representatives of educational organizations for inclusion in the	137850
report required under this section.	137851

The Department may contract with one or more qualified	137852
researchers who have previous experience evaluating school choice	137853
programs to conduct this study. The Department may accept grants	137854
to assist in funding this study.	137855

Section 269.10. ELC OHIO ELECTIONS COMMISSION

137856

General Revenue Fund	137857

GRF	051321		Operating Expenses		$	333,117		$	333,117		137858
TOTAL GRF General Revenue Fund					$	333,117		$	333,117		137859

General Services Fund Group	137860

4P20	051601	Ohio Elections Commission Fund	$	225,000	$	225,000	137861
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	137862
TOTAL ALL BUDGET FUND GROUPS			$	558,117	$	558,117	137863

Section 271.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL	137865
DIRECTORS	137866

General Services Fund Group	137867

4K90	881609	Operating Expenses	$	561,494	$	551,958	137868
TOTAL GSF General Services							137869
Fund Group			$	561,494	$	551,958	137870
TOTAL ALL BUDGET FUND GROUPS			$	561,494	$	551,958	137871

Section 273.10. PAY EMPLOYEE BENEFITS FUNDS

137873

Accrued Leave Liability Fund Group	137874

8060	995666	Accrued Leave Fund	$	72,053,178	$	71,828,986	137875
8070	995667	Disability Fund	$	27,616,583	$	26,593,747	137876
TOTAL ALF Accrued Leave Liability							137877
Fund Group			$	99,669,761	$	98,422,733	137878

Agency Fund Group	137879

1240	995673	Payroll Deductions	$	855,456,678		$	840,248,559	137880
8080	995668	State Employee Health Benefit Fund	$	590,265,468		$	649,292,014	137881
8090	995669	Dependent Care Spending Account	$	2,881,273		$	2,967,711	137882
8100	995670	Life Insurance Investment Fund	$	2,080,634		$	2,143,053	137883
8110	995671	Parental Leave Benefit Fund	$	3,484,737		$	3,355,673	137884
8130	995672	Health Care Spending Account	$	8,588,262		$	9,447,088	137885
8140	995674	Cost Savings Days	$	50,000,000		$	0	137886
TOTAL AGY Agency Fund Group			$	1,512,757,052		$	1,507,454,098	137887
					137888

TOTAL ALL BUDGET FUND GROUPS

1,612,426,813

1,605,876,831

137889

ACCRUED LEAVE LIABILITY FUND

137890

The foregoing appropriation item 995666, Accrued Leave Fund,	137891
shall be used to make payments from the Accrued Leave Liability	137892
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.	137893
If it is determined by the Director of Budget and Management that	137894
additional amounts are necessary, the amounts are hereby	137895
appropriated.	137896

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

137897

The foregoing appropriation item 995667, Disability Fund,	137898
shall be used to make payments from the State Employee Disability	137899
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the	137900
Revised Code. If it is determined by the Director of Budget and	137901
Management that additional amounts are necessary, the amounts are	137902
hereby appropriated.	137903

PAYROLL WITHHOLDING FUND

137904

The foregoing appropriation item 995673, Payroll Deductions,	137905
shall be used to make payments from the Payroll Withholding Fund	137906
(Fund 1240). If it is determined by the Director of Budget and	137907
Management that additional appropriation amounts are necessary,	137908
the amounts are hereby appropriated.	137909

STATE EMPLOYEE HEALTH BENEFIT FUND

137910

The foregoing appropriation item 995668, State Employee	137911
Health Benefit Fund, shall be used to make payments from the State	137912
Employee Health Benefit Fund (Fund 8080) pursuant to section	137913
124.87 of the Revised Code. If it is determined by the Director of	137914
Budget and Management that additional amounts are necessary, the	137915
amounts are hereby appropriated.	137916

DEPENDENT CARE SPENDING FUND

137917

The foregoing appropriation item 995669, Dependent Care	137918
Spending Account, shall be used to make payments from the	137919
Dependent Care Spending Fund (Fund 8090) to employees eligible for	137920
dependent care expenses. If it is determined by the Director of	137921
Budget and Management that additional amounts are necessary, the	137922
amounts are hereby appropriated.	137923

LIFE INSURANCE INVESTMENT FUND

137924

The foregoing appropriation item 995670, Life Insurance	137925
Investment Fund, shall be used to make payments from the Life	137926
Insurance Investment Fund (Fund 8100) for the costs and expenses	137927
of the state's life insurance benefit program pursuant to section	137928
125.212 of the Revised Code. If it is determined by the Director	137929
of Budget and Management that additional amounts are necessary,	137930
the amounts are hereby appropriated.	137931

PARENTAL LEAVE BENEFIT FUND

137932

The foregoing appropriation item 995671, Parental Leave	137933
Benefit Fund, shall be used to make payments from the Parental	137934
Leave Benefit Fund (Fund 8110) to employees eligible for parental	137935
leave benefits pursuant to section 124.137 of the Revised Code. If	137936
it is determined by the Director of Budget and Management that	137937
additional amounts are necessary, the amounts are hereby	137938
appropriated.	137939

HEALTH CARE SPENDING ACCOUNT FUND

137940

The foregoing appropriation item 995672, Health Care Spending	137941
Account, shall be used to make payments from the Health Care	137942
Spending Account Fund (Fund 8130) for payments pursuant to state	137943
employees' participation in a flexible spending account for	137944
non-reimbursed health care expenses and section 124.821 of the	137945
Revised Code. If it is determined by the Director of	137946
Administrative Services that additional appropriation amounts are	137947
necessary, the Director of Administrative Services may request	137948
that the Director of Budget and Management increase such amounts.	137949
Such amounts are hereby appropriated.	137950

At the request of the Director of Administrative Services,	137951
the Director of Budget and Management may transfer up to $600,000	137952
annually from the General Revenue Fund to the Health Care Spending	137953
Account Fund during fiscal years 2012 and 2013. This cash shall be	137954
transferred as needed to provide adequate cash flow for the Health	137955
Care Spending Account Fund during fiscal year 2012 and fiscal year	137956
2013. If funds are available at the end of fiscal years 2012 and	137957
2013, the Director of Budget and Management shall transfer cash up	137958
to the amount previously transferred in the respective year, plus	137959
interest income, from the Health Care Spending Account (Fund 8130)	137960
to the General Revenue Fund.	137961

COST SAVINGS DAYS

137962

The foregoing appropriation item, 995674, Cost Savings Days,	137963
shall be used by the Director of Budget and Management in	137964
accordance with division (E) of section 124.392 of the Revised	137965
Code to pay employees who participated in a mandatory cost savings	137966
program, or to reimburse employees who did not fully participate	137967
in a mandatory cost savings program. Notwithstanding any provision	137968
of law to the contrary, in fiscal year 2012 and fiscal year 2013,	137969
the Director may transfer agency savings achieved from the use of	137970
a mandatory cost savings program to the General Revenue Fund or	137971
any other fund as deemed necessary by the Director. The Director	137972
may make temporary transfers from the General Revenue Fund to	137973
ensure sufficient balances in the Cost Savings Fund and may	137974
reimburse the General Revenue Fund for such transfers. If the	137975
Director determines that additional amounts are necessary for	137976
these purposes, the amounts are hereby appropriated.	137977

Section 273.20. CASH TRANSFER TO PAYROLL WITHHOLDING FUND

137978

The Director of Budget and Management may transfer $561,897	137979
in cash from the Health Care Spending Account Fund (Fund 8130) to	137980
the Payroll Withholding Fund (Fund 1240) to correct payments made	137981
from the Payroll Withholding Fund that should have been made from	137982
the Health Care Spending Account Fund.	137983

Section 275.10. ERB STATE EMPLOYMENT RELATIONS BOARD

137984

General Revenue Fund	137985

GRF	125321		Operating Expenses		$	3,758,869		$	3,761,457		137986
TOTAL GRF General Revenue Fund					$	3,758,869		$	3,761,457		137987

General Services Fund Group	137988

5720	125603	Training and Publications	$	87,075	$	87,075	137989
TOTAL GSF General Services							137990
Fund Group			$	87,075	$	87,075	137991
TOTAL ALL BUDGET FUND GROUPS			$	3,845,944	$	3,848,532	137992

Section 277.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

137994

General Services Fund Group	137995

4K90	892609	Operating Expenses	$	934,264	$	921,778	137996
TOTAL GSF General Services							137997
Fund Group			$	934,264	$	921,778	137998
TOTAL ALL BUDGET FUND GROUPS			$	934,264	$	921,778	137999

Section 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY

138001

General Services Fund Group	138002

1990	715602	Laboratory Services	$	402,295	$	408,560	138003
2190	715604	Central Support Indirect	$	8,594,348	$	8,555,680	138004
4A10	715640	Operating Expenses	$	2,304,267	$	2,093,039	138005
TOTAL GSF General Services							138006
Fund Group			$	11,300,910	$	11,057,279	138007

Federal Special Revenue Fund Group	138008

3530	715612	Public Water Supply	$	2,941,282	$	2,941,282	138009
3540	715614	Hazardous Waste Management - Federal	$	4,193,000	$	4,193,000	138010
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	138011
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	138012
3BU0	715684	Water Quality Protection	$	8,100,000	$	6,785,000	138013
3CS0	715688	Federal NRD Settlements	$	100,000	$	100,000	138014
3F20	715630	Revolving Loan Fund - Operating	$	907,543	$	907,543	138015
3F30	715632	Federally Supported Cleanup and Response	$	3,344,746	$	3,290,405	138016
3F50	715641	Nonpoint Source Pollution Management	$	6,265,000	$	6,260,000	138017
3T30	715669	Drinking Water State Revolving Fund	$	2,273,323	$	2,273,323	138018
3V70	715606	Agencywide Grants	$	600,000	$	600,000	138019
TOTAL FED Federal Special Revenue							138020
Fund Group			$	35,146,971	$	33,772,630	138021

State Special Revenue Fund Group	138022

4J00	715638	Underground Injection Control	$	445,234	$	445,571	138023
4K20	715648	Clean Air - Non Title V	$	3,152,306	$	2,906,267	138024
4K30	715649	Solid Waste	$	16,742,551	$	16,414,654	138025
4K40	715650	Surface Water Protection	$	7,642,625	$	6,672,246	138026
4K40	715686	Environmental Lab Service	$	2,096,007	$	2,096,007	138027
4K50	715651	Drinking Water Protection	$	7,410,118	$	7,405,428	138028
4P50	715654	Cozart Landfill	$	100,000	$	100,000	138029
4R50	715656	Scrap Tire Management	$	1,368,610	$	1,376,742	138030
4R90	715658	Voluntary Action Program	$	999,503	$	997,425	138031
4T30	715659	Clean Air - Title V Permit Program	$	16,349,471	$	16,241,822	138032
4U70	715660	Construction and Demolition Debris	$	425,913	$	433,591	138033
5000	715608	Immediate Removal Special Account	$	633,832	$	634,033	138034
5030	715621	Hazardous Waste Facility Management	$	10,241,107	$	9,789,620	138035
5050	715623	Hazardous Waste Cleanup	$	12,511,234	$	12,331,272	138036
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	138037
5410	715670	Site Specific Cleanup	$	2,048,101	$	2,048,101	138038
5420	715671	Risk Management Reporting	$	132,636	$	132,636	138039
5920	715627	Anti Tampering Settlement	$	2,285	$	2,285	138040
5BC0	715617	Clean Ohio	$	611,455	$	611,455	138041
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	138042
5BC0	715624	Surface Water	$	8,970,181	$	9,114,974	138043
5BC0	715672	Air Pollution Control	$	4,438,629	$	4,534,758	138044
5BC0	715673	Drinking and Ground Water	$	4,317,527	$	4,323,521	138045
5BC0	715675	Hazardous Waste	$	95,266	$	95,266	138046
5BC0	715676	Assistance and Prevention	$	640,179	$	645,069	138047
5BC0	715677	Laboratory	$	939,717	$	958,586	138048
5BC0	715678	Corrective Actions	$	31,765	$	105,423	138049
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	138050
5BC0	715692	Administration	$	8,562,476	$	8,212,627	138051
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	138052
5BY0	715681	Auto Emissions Test	$	13,029,952	$	13,242,762	138053
5CD0	715682	Clean Diesel School Buses	$	600,000	$	600,000	138054
5H40	715664	Groundwater Support	$	77,508	$	78,212	138055
5N20	715613	Dredge and Fill	$	29,250	$	29,250	138056
5Y30	715685	Surface Water Improvement	$	2,800,000	$	2,800,000	138057
6440	715631	ER Radiological Safety	$	279,838	$	279,966	138058
6600	715629	Infectious Waste Management	$	91,573	$	88,764	138059
6760	715642	Water Pollution Control Loan Administration	$	4,317,376	$	4,321,605	138060
6780	715635	Air Toxic Release	$	138,669	$	138,669	138061
6790	715636	Emergency Planning	$	2,623,192	$	2,623,252	138062
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,100,000	138063
6990	715644	Water Pollution Control Administration	$	220,000	$	220,000	138064
6A10	715645	Environmental Education	$	1,488,260	$	1,488,718	138065
TOTAL SSR State Special Revenue Fund Group			$	140,764,230	$	138,700,461	138066

Clean Ohio Conservation Fund Group	138067

5S10	715607	Clean Ohio - Operating	$	284,083	$	284,124	138068
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,083	$	284,124	138069
TOTAL ALL BUDGET FUND GROUPS			$	187,496,194	$	183,814,494	138070

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

138071

On July 1 of each fiscal year, or as soon as possible	138072
thereafter, the Director of Budget and Management may transfer up	138073
to $13,029,952 in cash in fiscal year 2012, and up to $13,242,762	138074
in cash in fiscal year 2013 from the General Revenue Fund to the	138075
Auto Emissions Test Fund (Fund 5BY0) for the operation and	138076
oversight of the auto emissions testing program.	138077

AREAWIDE PLANNING AGENCIES

138078

The Director of Environmental Protection Agency may award	138079
grants from appropriation item 715687, Areawide Planning Agencies,	138080
to areawide planning agencies engaged in areawide water quality	138081
management and planning activities in accordance with Section 208	138082
of the "Federal Clean Water Act," 33 U.S.C. 1288.	138083

CORRECTIVE CASH TRANSFERS

138084

On July 1, 2011, or as soon as possible thereafter, the	138085
Director of Budget and Management shall transfer $376,891.85 in	138086
cash that was mistakenly deposited in the Clean Air Non Title V	138087
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).	138088

On July 1, 2011, or as soon as possible thereafter, the	138089
Director of Budget and Management shall transfer $133,026.63 in	138090
cash that was mistakenly deposited in the Scrap Tire Management	138091
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).	138092

Section 281.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

138093

General Revenue Fund	138094

GRF	172321	Operating Expenses	$	580,145	$	545,530	138095
TOTAL GRF General Revenue Fund			$	580,145	$	545,530	138096
TOTAL ALL BUDGET FUND GROUPS			$	580,145	$	545,530	138097

Section 283.10. ETC ETECH OHIO

138099

General Revenue Fund	138100

GRF	935401	Statehouse News Bureau	$	215,561	$	215,561	138101
GRF	935402	Ohio Government Telecommunications Services	$	702,089	$	702,089	138102
GRF	935408	General Operations	$	1,251,789	$	1,254,193	138103
GRF	935409	Technology Operations	$	2,092,432	$	2,091,823	138104
GRF	935410	Content Development, Acquisition, and Distribution	$	2,607,094	$	2,607,094	138105
GRF	935411	Technology Integration and Professional Development	$	4,251,185	$	4,252,671	138106
GRF	935412	Information Technology	$	829,340	$	829,963	138107
TOTAL GRF General Revenue Fund			$	11,949,490	$	11,953,394	138108

General Services Fund Group	138109

4F30	935603	Affiliate Services	$	50,000	$	50,000	138110
4T20	935605	Government Television/Telecommunications Operating	$	25,000	$	25,000	138111
TOTAL GSF General Services Fund Group			$	75,000	$	75,000	138112

State Special Revenue Fund Group	138113

4W90	935630	Telecommunity	$	25,000	$	25,000	138114
4X10	935634	Distance Learning	$	24,150	$	24,150	138115
5D40	935640	Conference/Special Purposes	$	2,100,000	$	2,100,000	138116
5FK0	935608	Media Services	$	637,601	$	637,956	138117
5JU0	935611	Information Technology Services	$	1,455,000	$	1,455,000	138118
5T30	935607	Gates Foundation Grants	$	200,000	$	171,112	138119
TOTAL SSR State Special Revenue Fund Group			$	4,441,751	$	4,413,218	138120
TOTAL ALL BUDGET FUND GROUPS			$	16,466,241	$	16,441,612	138121

Section 283.20. STATEHOUSE NEWS BUREAU

138123

The foregoing appropriation item 935401, Statehouse News	138124
Bureau, shall be used solely to support the operations of the Ohio	138125
Statehouse News Bureau.	138126

OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES

138127

The foregoing appropriation item 935402, Ohio Government	138128
Telecommunications Services, shall be used solely to support the	138129
operations of Ohio Government Telecommunications Services which	138130
include providing multimedia support to the state government and	138131
its affiliated organizations and broadcasting the activities of	138132
the legislative, judicial, and executive branches of state	138133
government, among its other functions.	138134

TECHNOLOGY OPERATIONS

138135

The foregoing appropriation item 935409, Technology	138136
Operations, shall be used by eTech Ohio to pay expenses of eTech	138137
Ohio's network infrastructure, which includes the television and	138138
radio transmission infrastructure and infrastructure that shall	138139
link all public K-12 classrooms to each other and to the Internet,	138140
and provide access to voice, video, other communication services,	138141
and data educational resources for students and teachers. The	138142
foregoing appropriation item 935409, Technology Operations, may	138143
also be used to cover student costs for taking advanced placement	138144
courses and courses that the Chancellor of the Board of Regents	138145
has determined to be eligible for postsecondary credit through the	138146
Ohio Learns Gateway. To the extent that funds remain available for	138147
this purpose, public school students taking advanced placement or	138148
postsecondary courses through the OhioLearns Gateway shall be	138149
eligible to receive a fee waiver to cover the cost of	138150
participating in one course. The fee waivers shall be distributed	138151
until the funds appropriated to support the waivers have been	138152
exhausted.	138153

CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION

138154

The foregoing appropriation item 935410, Content Development,	138155
Acquisition, and Distribution, shall be used for the development,	138156
acquisition, and distribution of information resources by public	138157
media and radio reading services and for educational use in the	138158
classroom and online.	138159

Of the foregoing appropriation item 935410, Content	138160
Development, Acquisition, and Distribution, up to $658,099 in each	138161
fiscal year shall be allocated equally among the 12 Ohio	138162
educational television stations and used with the advice and	138163
approval of eTech Ohio. Funds shall be used for the production of	138164
interactive instructional programming series with priority given	138165
to resources aligned with state academic content standards in	138166
consultation with the Ohio Department of Education and for	138167
teleconferences to support eTech Ohio. The programming shall be	138168
targeted to the needs of the poorest two hundred school districts	138169
as determined by the district's adjusted valuation per pupil as	138170
defined in former section 3317.0213 of the Revised Code as that	138171
section existed prior to June 30, 2005.	138172

Of the foregoing appropriation item 935410, Content	138173
Development, Acquisition, and Distribution, up to $1,749,283 in	138174
each fiscal year shall be distributed by eTech Ohio to Ohio's	138175
qualified public educational television stations and educational	138176
radio stations to support their operations. The funds shall be	138177
distributed pursuant to an allocation formula used by the Ohio	138178
Educational Telecommunications Network Commission unless a	138179
substitute formula is developed by eTech Ohio in consultation with	138180
Ohio's qualified public educational television stations and	138181
educational radio stations.	138182

Of the foregoing appropriation item 935410, Content	138183
Development, Acquisition, and Distribution, up to $199,712 in each	138184
fiscal year shall be distributed by eTech Ohio to Ohio's qualified	138185
radio reading services to support their operations. The funds	138186
shall be distributed pursuant to an allocation formula used by the	138187
Ohio Educational Telecommunications Network Commission unless a	138188
substitute formula is developed by eTech Ohio in consultation with	138189
Ohio's qualified radio reading services.	138190

Section 283.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL	138191
DEVELOPMENT	138192

The foregoing appropriation item 935411, Technology	138193
Integration and Professional Development, shall be used by eTech	138194
Ohio for the provision of staff development, hardware, software,	138195
telecommunications services, and information resources to support	138196
educational uses of technology in the classroom and at a distance	138197
and for professional development for teachers, administrators, and	138198
technology staff on the use of educational technology in	138199
qualifying public schools, including the State School for the	138200
Blind, the State School for the Deaf, and the Department of Youth	138201
Services.	138202

Of the foregoing appropriation item 935411, Technology	138203
Integration and Professional Development, up to $1,691,701 in each	138204
fiscal year shall be used by eTech Ohio to contract with	138205
educational television to provide Ohio public schools with	138206
instructional resources and services with priority given to	138207
resources and services aligned with state academic content	138208
standards and such resources and services shall be based upon the	138209
advice and approval of eTech Ohio, based on a formula used by the	138210
Ohio SchoolNet Commission unless and until a substitute formula is	138211
developed by eTech Ohio in consultation with Ohio's educational	138212
technology agencies and noncommercial educational television	138213
stations.	138214

Section 283.40. TELECOMMUNITY

138215

The foregoing appropriation item 935630, Telecommunity, shall	138216
be distributed by eTech Ohio on a grant basis to eligible school	138217
districts to establish "distance learning" through interactive	138218
video technologies in the school district. Per agreements with	138219
eight Ohio local telephone companies, ALLTEL Ohio, CENTURY	138220
Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell	138221
Telephone Company, Orwell Telephone Company, Sprint North Central	138222
Telephone, VERIZON, and Western Reserve Telephone Company, school	138223
districts are eligible for funds if they are within one of the	138224
listed telephone company service areas. Funds to administer the	138225
program shall be expended by eTech Ohio up to the amount specified	138226
in the agreements with the listed telephone companies.	138227

Within thirty days after the effective date of this section,	138228
the Director of Budget and Management shall transfer to Fund 4W90	138229
in the State Special Revenue Fund Group any investment earnings	138230
from moneys paid by any telephone company as part of any	138231
settlement agreement between the listed companies and the Public	138232
Utilities Commission in fiscal years 1996 and beyond.	138233

DISTANCE LEARNING

138234

The foregoing appropriation item 935634, Distance Learning,	138235
shall be distributed by eTech Ohio on a grant basis to eligible	138236
school districts to establish "distance learning" in the school	138237
district. Per an agreement with Ameritech, school districts are	138238
eligible for funds if they are within an Ameritech service area.	138239
Funds to administer the program shall be expended by eTech Ohio up	138240
to the amount specified in the agreement with Ameritech.	138241

Within thirty days after the effective date of this section,	138242
the Director of Budget and Management shall transfer to Fund 4X10	138243
in the State Special Revenue Fund Group any investment earnings	138244
from moneys paid by any telephone company as part of a settlement	138245
agreement between the company and the Public Utilities Commission	138246
in fiscal year 1995.	138247

GATES FOUNDATION GRANTS

138248

The foregoing appropriation item 935607, Gates Foundation	138249
Grants, shall be used by eTech Ohio to provide professional	138250
development to school district principals, superintendents, and	138251
other administrative staff on the use of education technology.	138252

Section 285.10. ETH OHIO ETHICS COMMISSION

138253

General Revenue Fund	138254

GRF	146321		Operating Expenses		$	1,409,751		$	1,409,751		138255
TOTAL GRF General Revenue Fund					$	1,409,751		$	1,409,751		138256

General Services Fund Group	138257

4M60	146601	Operating Expenses	$	827,393	$	827,393	138258
TOTAL GSF General Services							138259
Fund Group			$	827,393	$	827,393	138260
TOTAL ALL BUDGET FUND GROUPS			$	2,237,144	$	2,237,144	138261

ETHICS COMMISSION CASINO-RELATED ACTIVITIES

138262

On July 1, 2011, or as soon as possible thereafter, an amount	138263
equal to the unexpended and unencumbered balance of appropriation	138264
item 146602, Casino Investigations, at the end of fiscal year 2011	138265
is hereby reappropriated to the same appropriation item for fiscal	138266
year 2012, to be used for the performance of the Ohio Ethics	138267
Commission's casino-related duties.	138268

Section 287.10. EXP OHIO EXPOSITIONS COMMISSION

138269

General Revenue Fund	138270

GRF	723403		Junior Fair Subsidy		$	250,000		$	250,000		138271
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		138272

State Special Revenue Fund Group	138273

4N20	723602	Ohio State Fair Harness Racing	$	400,000	$	400,000	138274
5060	723601	Operating Expenses	$	12,991,000	$	12,894,000	138275
TOTAL SSR State Special Revenue							138276
Fund Group			$	13,391,000	$	13,294,000	138277
TOTAL ALL BUDGET FUND GROUPS			$	13,641,000	$	13,544,000	138278

STATE FAIR RESERVE

138279

The General Manager of the Expositions Commission may submit	138280
a request to the Controlling Board to use available amounts in the	138281
State Fair Reserve Fund (Fund 6400) if the following conditions	138282
apply:	138283

(A) Admissions receipts for the 2011 or 2012 Ohio State Fair	138284
are less than $1,982,000 because of inclement weather or	138285
extraordinary circumstances;	138286

(B) The Ohio Expositions Commission declares a state of	138287
fiscal exigency; and	138288

(C) The request contains a plan describing how the	138289
Expositions Commission will eliminate the cash shortage causing	138290
the request.	138291

The amount approved by the Controlling Board is hereby	138292
appropriated.	138293

Section 289.10. GOV OFFICE OF THE GOVERNOR

138294

General Revenue Fund	138295

GRF	040321		Operating Expenses		$	3,001,806		$	2,851,552		138296
TOTAL GRF General Revenue Fund					$	3,001,806		$	2,851,552		138297

General Services Fund Group	138298

5AK0	040607		Government Relations		$	365,149		$	365,149		138299
TOTAL GSF General Services Fund Group					$	365,149		$	365,149		138300

TOTAL ALL BUDGET FUND GROUPS

3,366,955

3,216,701

138301

GOVERNMENT RELATIONS

138302

A portion of the foregoing appropriation item 040607,	138303
Government Relations, may be used to support Ohio's membership in	138304
national or regional associations.	138305

The Office of the Governor may charge any state agency of the	138306
executive branch using an intrastate transfer voucher such amounts	138307
necessary to defray the costs incurred for the conduct of	138308
governmental relations associated with issues that can be	138309
attributed to the agency. Amounts collected shall be deposited in	138310
the Government Relations Fund (Fund 5AK0).	138311

Section 291.10. DOH DEPARTMENT OF HEALTH

138312

General Revenue Fund	138313

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	138314
GRF	440413	Local Health Department Support	$	2,302,788	$	2,303,061	138315
GRF	440416	Mothers and Children Safety Net Services	$	4,227,842	$	4,228,015	138316
GRF	440418	Immunizations	$	6,430,538	$	8,930,829	138317
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	138318
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	138319
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	138320
GRF	440451	Public Health Laboratory	$	3,654,348	$	3,655,449	138321
GRF	440452	Child and Family Health Services Match	$	630,390	$	630,444	138322
GRF	440453	Health Care Quality Assurance	$	8,170,694	$	8,174,361	138323
GRF	440454	Local Environmental Health	$	1,135,141	$	1,135,362	138324
GRF	440459	Help Me Grow	$	33,673,545	$	33,673,987	138325
GRF	440465	Federally Qualified Health Centers	$	458,688	$	2,686,688	138326
GRF	440467	Access to Dental Care	$	540,484	$	540,484	138327
GRF	440468	Chronic Disease and Injury Prevention	$	2,577,251	$	2,577,251	138328
GRF	440472	Alcohol Testing	$	550,000	$	1,100,000	138329
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	138330
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	138331
TOTAL GRF General Revenue Fund			$	80,612,432	$	85,896,654	138332

State Highway Safety Fund Group	138333

4T40	440603	Child Highway Safety	$	233,894	$	233,894	138334
TOTAL HSF State Highway Safety							138335
Fund Group			$	233,894	$	233,894	138336

General Services Fund Group	138337

1420	440646	Agency Health Services	$	8,825,788	$	8,826,146	138338
2110	440613	Central Support Indirect Costs	$	28,900,000	$	29,000,000	138339
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	138340
5HB0	440470	Breast and Cervical Cancer Screening	$	1,000,000	$	0	138341
6830	440633	Employee Assistance Program	$	1,100,000	$	1,100,000	138342
6980	440634	Nurse Aide Training	$	99,239	$	99,265	138343
TOTAL GSF General Services							138344
Fund Group			$	44,925,027	$	44,025,411	138345

Federal Special Revenue Fund Group	138346

3200	440601	Maternal Child Health Block Grant	$	27,068,886	$	27,068,886	138347
3870	440602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	138348
3890	440604	Women, Infants, and Children	$	308,672,689	$	308,672,689	138349
3910	440606	Medicaid/Medicare	$	29,625,467	$	29,257,457	138350
3920	440618	Federal Public Health Programs	$	137,976,988	$	137,976,988	138351
TOTAL FED Federal Special Revenue							138352
Fund Group			$	511,170,689	$	510,802,679	138353

State Special Revenue Fund Group	138354

4700	440647	Fee Supported Programs	$	24,503,065	$	24,513,973	138355
4710	440619	Certificate of Need	$	878,145	$	878,433	138356
4770	440627	Medically Handicapped Children Audit	$	3,692,704	$	3,692,703	138357
4D60	440608	Genetics Services	$	3,310,953	$	3,311,039	138358
4F90	440610	Sickle Cell Disease Control	$	1,032,754	$	1,032,824	138359
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	138360
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	138361
4L30	440609	Miscellaneous Expenses	$	3,333,164	$	3,333,164	138362
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	138363
4V60	440641	Save Our Sight	$	2,255,760	$	2,255,789	138364
5B50	440616	Quality, Monitoring, and Inspection	$	878,638	$	878,997	138365
5C00	440615	Alcohol Testing and Permit	$	551,018	$	0	138366
5CN0	440645	Choose Life	$	75,000	$	75,000	138367
5D60	440620	Second Chance Trust	$	1,151,815	$	1,151,902	138368
5ED0	440651	Smoke Free Indoor Air	$	190,452	$	190,452	138369
5G40	440639	Adoption Services	$	20,000	$	20,000	138370
5L10	440623	Nursing Facility Technical Assistance Program	$	687,500	$	687,528	138371
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	138372
6100	440626	Radiation Emergency Response	$	930,525	$	930,576	138373
6660	440607	Medically Handicapped Children - County Assessments	$	19,738,286	$	19,739,617	138374
TOTAL SSR State Special Revenue							138375
Fund Group			$	63,856,649	$	63,318,867	138376

Holding Account Redistribution Fund Group	138377

R014	440631	Vital Statistics	$	44,986	$	44,986	138378
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	138379
TOTAL 090 Holding Account							138380
Redistribution Fund Group			$	64,986	$	64,986	138381

Tobacco Master Settlement Agreement Fund Group	138382

5BX0	440656	Tobacco Use Prevention	$	1,000,000	$	0	138383
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,000,000	$	0	138384
TOTAL ALL BUDGET FUND GROUPS			$	701,863,677	$	704,342,491	138385

Section 291.20. IMMUNIZATIONS

138387

Of the foregoing appropriation item 440418, Immunizations,	138388
$2,500,000 in fiscal year 2013 shall be used to purchase	138389
pneumococcal conjugate vaccines.	138390

HIV/AIDS PREVENTION/TREATMENT

138391

The foregoing appropriation item 440444, AIDS Prevention and	138392
Treatment, shall be used to assist persons with HIV/AIDS in	138393
acquiring HIV-related medications and to administer educational	138394
prevention initiatives.	138395

PUBLIC HEALTH LABORATORY

138396

A portion of the foregoing appropriation item 440451, Public	138397
Health Laboratory, shall be used for coordination and management	138398
of prevention program operations and the purchase of drugs for	138399
sexually transmitted diseases.	138400

HELP ME GROW

138401

The foregoing appropriation item 440459, Help Me Grow, shall	138402
be used by the Department of Health to implement the Help Me Grow	138403
Program. Funds shall be distributed to counties through contracts,	138404
grants, or subsidies in accordance with section 3701.61 of the	138405
Revised Code. Appropriation item 440459, Help Me Grow, may be used	138406
in conjunction with Early Intervention funding from the Department	138407
of Developmental Disabilities, and in conjunction with other early	138408
childhood funds and services to promote the optimal development of	138409
young children and family-centered programs and services that	138410
acknowledge and support the social, emotional, cognitive,	138411
intellectual, and physical development of children and the vital	138412
role of families in ensuring the well-being and success of	138413
children. The Department of Health shall enter into an interagency	138414
agreement with the Department of Education, Department of	138415
Developmental Disabilities, Department of Job and Family Services,	138416
and Department of Mental Health to ensure that all early childhood	138417
programs and initiatives are coordinated and school linked.	138418

Of the foregoing appropriation item 440459, Help Me Grow, if	138419
a county Family and Children First Council selects home-visiting	138420
programs, the home-visiting program shall only be eligible for	138421
funding if it serves pregnant women, or parents or other primary	138422
caregivers and the parent or other primary caregiver's child or	138423
children under three years of age, through quality programs of	138424
early childhood home visitation and if the home visitations are	138425
performed by nurses, social workers, child development specialists	138426
or other well-trained and competent staff, as demonstrated by	138427
education or training and the provision of ongoing specific	138428
training and supervision in the model of service being delivered.	138429
The home-visiting program also shall be required to have outcome	138430
and research standards that demonstrate ongoing positive outcomes	138431
for children, parents, and other primary caregivers that enhance	138432
child health and development, and conform to a clear consistent	138433
home visitation model that has been in existence for at least	138434
three years. The home visitation model shall be research-based;	138435
grounded in relevant, empirically based knowledge; linked to	138436
program-determined outcomes; associated with a national	138437
organization or institution of higher education that has	138438
comprehensive home visitation program standards that ensure high	138439
quality service delivery and continuous program improvement; and	138440
have demonstrated significant positive outcomes when evaluated	138441
using well-designed and rigorous randomized, controlled, or	138442
quasi-experimental research designs, and the evaluation results	138443
have been published in a peer-reviewed journal.	138444

For fiscal year 2012, the Department of Health shall support	138445
a county's need for a transition period to meet expected service	138446
levels for the Help Me Grow Home Visiting Program and the Part C	138447
Program by distributing funds for home visiting through a subsidy	138448
agreement that allows the county Family and Children First Council	138449
discretion to use a percentage of those funds for Part C services,	138450
so long as the services are provided in accordance with the	138451
"Individuals with Disability Education Act," 118 Stat. 2744	138452
(2004), 20 U.S.C. 1431 et seq. and section 3701.61 of the Revised	138453
Code. The county Family and Children First council may use up to	138454
one hundred per cent of the funds allocated for the first quarter,	138455
with decreasing percentages determined by the Department of Health	138456
for the remaining quarters of fiscal year 2012, for Part C	138457
services.	138458

The foregoing appropriation item 440459, Help Me Grow, may	138459
also be used for the Developmental Autism and Screening Program.	138460

FEDERALLY QUALIFIED HEALTH CENTERS

138461

For fiscal year 2012, any undisbursed funds previously	138462
provided under subsidy agreements between the Department of Health	138463
and the Ohio Association of Community Health Centers, or its	138464
predecessor organization, pursuant to section 183.18 of the	138465
Revised Code, shall be available to federally qualified health	138466
centers in the same manner as those funds in appropriation item	138467
440465, Federally Qualified Health Centers.	138468

TARGETED HEALTH CARE SERVICES OVER 21

138469

The foregoing appropriation item 440507, Targeted Health Care	138470
Services Over 21, shall be used to administer the Cystic Fibrosis	138471
Program and to implement the Hemophilia Insurance Premium Payment	138472
Program.	138473

The foregoing appropriation item 440507, Targeted Health Care	138474
Services Over 21, shall also be used to provide essential	138475
medications and to pay the copayments for drugs approved by the	138476
Department of Health and covered by Medicare Part D that are	138477
dispensed to Bureau for Children with Medical Handicaps (BCMH)	138478
participants for the Cystic Fibrosis Program.	138479

The Department shall expend all of these funds.

138480

GENETICS SERVICES

138481

The foregoing appropriation item 440608, Genetics Services	138482
(Fund 4D60), shall be used by the Department of Health to	138483
administer programs authorized by sections 3701.501 and 3701.502	138484
of the Revised Code. None of these funds shall be used to counsel	138485
or refer for abortion, except in the case of a medical emergency.	138486

MEDICALLY HANDICAPPED CHILDREN AUDIT

138487

The Medically Handicapped Children Audit Fund (Fund 4770)	138488
shall receive revenue from audits of hospitals and recoveries from	138489
third-party payers. Moneys may be expended for payment of audit	138490
settlements and for costs directly related to obtaining recoveries	138491
from third-party payers and for encouraging Medically Handicapped	138492
Children's Program recipients to apply for third-party benefits.	138493
Moneys also may be expended for payments for diagnostic and	138494
treatment services on behalf of medically handicapped children, as	138495
defined in division (A) of section 3701.022 of the Revised Code,	138496
and Ohio residents who are twenty-one or more years of age and who	138497
are suffering from cystic fibrosis or hemophilia. Moneys may also	138498
be expended for administrative expenses incurred in operating the	138499
Medically Handicapped Children's Program.	138500

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	138501
PERMIT FUND	138502

The Director of Budget and Management may transfer up to	138503
$551,018 in cash from the Liquor Control Fund (Fund 7043) to the	138504
Alcohol Testing and Permit Fund (Fund 5C00) in fiscal year 2012 to	138505
meet the operating needs of the Alcohol Testing and Permit	138506
Program.	138507

The Director of Budget and Management may transfer up to	138508
$551,018 in cash in fiscal year 2012 to the Alcohol Testing and	138509
Permit Fund (Fund 5C00) from the Liquor Control Fund (Fund 7043)	138510
created in section 4301.12 of the Revised Code determined by a	138511
transfer schedule set by the Department of Health.	138512

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

138513

The foregoing appropriation item 440607, Medically	138514
Handicapped Children - County Assessments (Fund 6660), shall be	138515
used to make payments under division (E) of section 3701.023 of	138516
the Revised Code.	138517

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

138518

On July 1, 2011, or as soon as possible thereafter, the	138519
Director of Budget and Management may transfer, cash from the	138520
Resident Protection Fund (Fund 4E30), which is used by the Ohio	138521
Department of Job and Family Services, to the Nursing Facility	138522
Technical Assistance Program Fund (Fund 5L10), which is used by	138523
the Ohio Department of Health, to be used under section 3721.026	138524
of the Revised Code. The transfers shall be up to $698,595 in each	138525
fiscal year of the biennium.	138526

Section 291.30. EARLY INTERVENTION WORKGROUP

138527

(A) The Department of Health shall convene a workgroup to	138528
develop recommendations for eligibility criteria for early	138529
intervention services to be provided pursuant to Part C of the	138530
"Individuals with Disability Education Act," 118 Stat. 2744	138531
(2004), 20 U.S.C. 1431 et seq. The recommendations shall be based	138532
on available funds and national data related to the identification	138533
of infants and toddlers who have developmental delays or are most	138534
at risk for developmental delays and, in either case, would	138535
benefit from early intervention services.	138536

(B) The workgroup shall be facilitated by the Department and	138537
shall be composed of all of the following members:	138538

(1) A representative from the Department of Developmental	138539
Disabilities;	138540

(2) A representative from the Department of Education;

138541

(3) A representative from the Department of Mental Health;

138542

(4) A representative from the Help Me Grow Advisory Council;

138543

(5) A parent member of the Help Me Grow Advisory Council;

138544

(6) A representative from the Ohio Family and Children First	138545
Cabinet Council;	138546

(7) A representative from the Ohio Family and Children First	138547
Association;	138548

(8) A county Help Me Grow project director;

138549

(9) A representative from the Ohio Council of Behavioral	138550
Health and Family Services Providers;	138551

(10) A representative from the Ohio Association for Infant	138552
Mental Health;	138553

(11) A representative from the Ohio Association of County	138554
Boards of Developmental Disabilities;	138555

(12) A representative from the Ohio Superintendents of County	138556
Boards of Developmental Disabilities;	138557

(13) A representative from the Ohio chapter of the American	138558
Academy of Pediatrics;	138559

(14) A public health nurse from a board of health of a city	138560
or general health district, or an authority having the duties of a	138561
board of health;	138562

(15) A representative from the Department of Job and Family	138563
Services;	138564

(16) The executive director of the Ohio Developmental	138565
Disabilities Council or the director's designee;	138566

(17) A representative of the County Commissioners Association	138567
of Ohio.	138568

(C) The Department shall convene the workgroup not later than	138569
July 15, 2011. The workgroup shall present to the Director of	138570
Health its recommendations for eligibility criteria for Part C	138571
early intervention services not later than October 1, 2011. After	138572
the recommendations are submitted, the Director may accept the	138573
recommendations in whole or in part and implement eligibility	138574
criteria accordingly.	138575

Section 291.40. CERTIFICATE OF NEED FOR NEW NURSING HOME

138576

(A) As used in this section:

138577

"Nursing home" and "residential care facility" have the same	138578
meanings as in section 3721.01 of the Revised Code.	138579

"Population" means that shown by the 2000 regular federal	138580
census.	138581

(B) The Director of Health shall accept, for review under	138582
section 3702.52 of the Revised Code, a certificate of need	138583
application for the establishment, development, and construction	138584
of a new nursing home if all of the following conditions are met:	138585

(1) The application is submitted to the Director not later	138586
than one hundred eighty days after the effective date of this	138587
section.	138588

(2) The new nursing home is to be located in a county that	138589
has a population of at least thirty thousand persons and not more	138590
than forty-one thousand persons.	138591

(3) The new nursing home is to be located on a campus that	138592
has been in operation for at least twelve years and both of the	138593
following are also located on the campus on the effective date of	138594
this section:	138595

(a) At least one existing residential care facility with at	138596
least twenty-five residents;	138597

(b) At least one existing independent living dwelling for	138598
seniors with at least seventy-five residents.	138599

(4) The new nursing home is to have not more than thirty beds	138600
to which both of the following apply:	138601

(a) All of the beds are to be transferred from an existing	138602
nursing home in the state.	138603

(b) All of the beds are proposed to be licensed as nursing	138604
home beds under Chapter 3721. of the Revised Code.	138605

(C) In reviewing certificate of need applications accepted	138606
under this section, the Director shall neither deny an application	138607
on the grounds that the new nursing home is to have less than	138608
fifty beds nor require an applicant to obtain a waiver of the	138609
minimum fifty-bed requirement established by division (I) of rule	138610
3701-12-23 of the Administrative Code.	138611

Section 291.50. EXEMPTION FROM CERTIFICATE OF NEED	138612
REQUIREMENT	138613

(A) As used in this section:

138614

"2010 bed need determination" means the determination of each	138615
county's bed need that the Director of Health made in calendar	138616
year 2010.	138617

"Bed need" means the number of long-term care beds that a	138618
county needs as determined by the Director of Health pursuant to	138619
division (B)(3) of section 3702.593 of the Revised Code.	138620

"Bed need excess" means that a county's bed need is such that	138621
one or more long-term care beds could be relocated from the county	138622
according to the 2010 bed need determination and regardless of any	138623
subsequent bed need determination.	138624

"Bed need shortage" means that a county's bed need is such	138625
that one or more long-term care beds could be relocated into the	138626
county according to the 2010 bed need determination and regardless	138627
of any subsequent bed need determination.	138628

"Bed need shortage quantity" means the number of long-term	138629
care beds that could be relocated into a county with a bed need	138630
shortage according to the 2010 bed need determination and	138631
regardless of any subsequent bed need determination.	138632

"Existing bed" means a county home bed that is used, or	138633
available for use, for skilled nursing care by a resident of the	138634
county home on the effective date of this section.	138635

"Skilled nursing care" has the same meaning as in section	138636
3721.01 of the Revised Code.	138637

(B) Notwithstanding sections 3702.51 to 3702.62 of the	138638
Revised Code and until January 1, 2014, a county home is not	138639
required to obtain a certificate of need to obtain Medicare or	138640
Medicaid certification for one or more of the county home's	138641
existing beds if all of the following apply:	138642

(1) The county home is located in a county that has a bed	138643
need shortage.	138644

(2) No county that borders the county in which the county	138645
home is located has a bed need excess or bed need shortage.	138646

(3) The number of the county home's existing beds for which	138647
Medicare or Medicaid certification is sought does not exceed the	138648
bed need shortage quantity of the county in which the county home	138649
is located and the county home obtains Medicare or Medicaid	138650
certification for those existing beds not later than December 31,	138651
2013.	138652

Section 293.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

138653

Agency Fund Group	138654

4610	372601	Operating Expenses	$	12,500	$	12,500	138655
TOTAL AGY Agency Fund Group			$	12,500	$	12,500	138656
TOTAL ALL BUDGET FUND GROUPS			$	12,500	$	12,500	138657

Section 295.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

138659

General Revenue Fund	138660

GRF	148100	Personal Services	$	230,000	$	230,000	138661
GRF	148200	Maintenance	$	50,000	$	50,000	138662
GRF	148402	Community Projects	$	37,005	$	44,922	138663
TOTAL GRF General Revenue Fund			$	317,005	$	324,922	138664

General Services Fund Group	138665

6010	148602	Gifts and Miscellaneous	$	4,558	$	4,558	138666
TOTAL GSF General Services							138667
Fund Group			$	4,558	$	4,558	138668
TOTAL ALL BUDGET FUND GROUPS			$	321,563	$	329,480	138669

Section 297.10. OHS OHIO HISTORICAL SOCIETY

138671

General Revenue Fund	138672

GRF	360501	Education and Collections	$	2,368,997	$	2,368,997	138673
GRF	360502	Site and Museum Operations	$	3,926,288	$	3,926,288	138674
GRF	360504	Ohio Preservation Office	$	290,000	$	290,000	138675
GRF	360505	National Afro-American Museum	$	414,798	$	414,798	138676
GRF	360506	Hayes Presidential Center	$	281,043	$	281,043	138677
GRF	360508	State Historical Grants	$	390,570	$	390,570	138678
GRF	360509	Outreach and Partnership	$	90,395	$	90,395	138679
TOTAL GRF General Revenue Fund			$	7,762,091	$	7,762,091	138680
TOTAL ALL BUDGET FUND GROUPS			$	7,762,091	$	7,762,091	138681

SUBSIDY APPROPRIATION

138682

Upon approval by the Director of Budget and Management, the	138683
foregoing appropriation items shall be released to the Ohio	138684
Historical Society in quarterly amounts that in total do not	138685
exceed the annual appropriations. The funds and fiscal records of	138686
the society for fiscal year 2012 and fiscal year 2013 shall be	138687
examined by independent certified public accountants approved by	138688
the Auditor of State, and a copy of the audited financial	138689
statements shall be filed with the Office of Budget and	138690
Management. The society shall prepare and submit to the Office of	138691
Budget and Management the following:	138692

(A) An estimated operating budget for each fiscal year of the	138693
biennium. The operating budget shall be submitted at or near the	138694
beginning of each calendar year.	138695

(B) Financial reports, indicating actual receipts and	138696
expenditures for the fiscal year to date. These reports shall be	138697
filed at least semiannually during the fiscal biennium.	138698

The foregoing appropriations shall be considered to be the	138699
contractual consideration provided by the state to support the	138700
state's offer to contract with the Ohio Historical Society under	138701
section 149.30 of the Revised Code.	138702

HAYES PRESIDENTIAL CENTER

138703

If a United States government agency, including, but not	138704
limited to, the National Park Service, chooses to take over the	138705
operations or maintenance of the Hayes Presidential Center, in	138706
whole or in part, the Ohio Historical Society shall make	138707
arrangements with the National Park Service or other United States	138708
government agency for the efficient transfer of operations or	138709
maintenance.	138710

STATE HISTORICAL GRANTS

138711

Of the foregoing appropriation item 360508, State Historical	138712
Grants, $195,285 in each fiscal year shall be granted to the	138713
Cincinnati Museum Center, and $195,285 in each fiscal year shall	138714
be granted to the Western Reserve Historical Society.	138715

Section 299.10. REP OHIO HOUSE OF REPRESENTATIVES

138716

General Revenue Fund	138717

GRF	025321		Operating Expenses		$	18,517,093		$	18,517,093		138718
TOTAL GRF General Revenue Fund					$	18,517,093		$	18,517,093		138719

General Services Fund Group	138720

1030	025601	House Reimbursement	$	1,433,664	$	1,433,664	138721
4A40	025602	Miscellaneous Sales	$	37,849	$	37,849	138722
TOTAL GSF General Services							138723
Fund Group			$	1,471,513	$	1,471,513	138724
TOTAL ALL BUDGET FUND GROUPS			$	19,988,606	$	19,988,606	138725

OPERATING EXPENSES

138726

On July 1, 2011, or as soon as possible thereafter, the Clerk	138727
of the House of Representatives may certify to the Director of	138728
Budget and Management the amount of the unexpended, unencumbered	138729
balance of the foregoing appropriation item 025321, Operating	138730
Expenses, at the end of fiscal year 2011 to be reappropriated to	138731
fiscal year 2012. The amount certified is hereby reappropriated to	138732
the same appropriation item for fiscal year 2012.	138733

On July 1, 2012, or as soon as possible thereafter, the Clerk	138734
of the House of Representatives may certify to the Director of	138735
Budget and Management the amount of the unexpended, unencumbered	138736
balance of the foregoing appropriation item 025321, Operating	138737
Expenses, at the end of fiscal year 2012 to be reappropriated to	138738
fiscal year 2013. The amount certified is hereby reappropriated to	138739
the same appropriation item for fiscal year 2013.	138740

Section 303.10. HFA OHIO HOUSING FINANCE AGENCY

138741

Agency Fund Group	138742

5AZ0	997601	Housing Finance Agency Personal Services	$	9,800,000	$	9,800,000	138743
TOTAL AGY Agency Fund Group			$	9,800,000	$	9,800,000	138744
TOTAL ALL BUDGET FUND GROUPS			$	9,800,000	$	9,800,000	138745

Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL

138747

General Revenue Fund	138748

GRF	965321		Operating Expenses		$	1,124,663		$	1,125,598		138749
TOTAL GRF General Revenue Fund					$	1,124,663		$	1,125,598		138750

General Services Fund Group	138751

5FA0	965603	Deputy Inspector General for ODOT	$	400,000	$	400,000	138752
5FT0	965604	Deputy Inspector General for BWC/OIC	$	425,000	$	425,000	138753
5GI0	965605	Deputy Inspector General for ARRA	$	520,837	$	521,535	138754
TOTAL GSF General Services Fund Group			$	1,345,837	$	1,346,535	138755
TOTAL ALL BUDGET FUND GROUPS			$	2,470,500	$	2,472,133	138756

IGO CASINO-RELATED ACTIVITIES

138757

On July 1, 2011, or as soon as possible thereafter, an amount	138758
equal to the unexpended, unencumbered balance of appropriation	138759
item 965609, Casino Investigations, at the end of fiscal year 2011	138760
is hereby reappropriated to the same appropriation item for fiscal	138761
year 2012, to be used for the performance of the Inspector	138762
General's casino-related duties.	138763

DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE	138764
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009	138765

On July 1, 2011, and on January 1, 2012, or as soon as	138766
possible thereafter, the Director of Budget and Management shall	138767
transfer $225,000 in cash, for each period, from the General	138768
Revenue Fund to the Deputy Inspector General for Funds Received	138769
through the American Recovery and Reinvestment Act of 2009 Fund	138770
(Fund 5GI0), which is created in section 121.53 of the Revised	138771
Code.	138772

On July 1, 2012, and on January 1, 2013, or as soon as	138773
possible thereafter, the Director of Budget and Management shall	138774
transfer $225,000 in cash, for each period, from the General	138775
Revenue Fund to the Deputy Inspector General for Funds Received	138776
through the American Recovery and Reinvestment Act of 2009 Fund	138777
(Fund 5GI0).	138778

Section 307.10. INS DEPARTMENT OF INSURANCE

138779

Federal Special Revenue Fund Group	138780

3EV0	820610	Health Insurance Premium Review	$	1,000,000	$	1,000,000	138781
3EW0	820611	Health Exchange Planning	$	1,000,000	$	1,000,000	138782
3U50	820602	OSHIIP Operating Grant	$	2,270,726	$	2,270,725	138783
TOTAL FED Federal Special							138784
Revenue Fund Group			$	4,270,726	$	4,270,725	138785

State Special Revenue Fund Group	138786

5540	820601	Operating Expenses - OSHIIP	$	190,000	$	180,000	138787
5540	820606	Operating Expenses	$	22,745,538	$	22,288,550	138788
5550	820605	Examination	$	9,065,684	$	8,934,065	138789
TOTAL SSR State Special Revenue							138790
Fund Group			$	32,001,222	$	31,402,615	138791
TOTAL ALL BUDGET FUND GROUPS			$	36,271,948	$	35,673,340	138792

MARKET CONDUCT EXAMINATION

138793

When conducting a market conduct examination of any insurer	138794
doing business in this state, the Superintendent of Insurance may	138795
assess the costs of the examination against the insurer. The	138796
superintendent may enter into consent agreements to impose	138797
administrative assessments or fines for conduct discovered that	138798
may be violations of statutes or rules administered by the	138799
superintendent. All costs, assessments, or fines collected shall	138800
be deposited to the credit of the Department of Insurance	138801
Operating Fund (Fund 5540).	138802

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

138803

The Director of Budget and Management, at the request of the	138804
Superintendent of Insurance, may transfer funds from the	138805
Department of Insurance Operating Fund (Fund 5540), established by	138806
section 3901.021 of the Revised Code, to the Superintendent's	138807
Examination Fund (Fund 5550), established by section 3901.071 of	138808
the Revised Code, only for expenses incurred in examining domestic	138809
fraternal benefit societies as required by section 3921.28 of the	138810
Revised Code.	138811

TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND

138812

Not later than the thirty-first day of July each fiscal year,	138813
the Director of Budget and Management shall transfer $5,000,000	138814
from the Department of Insurance Operating Fund (Fund 5540) to the	138815
General Revenue Fund.	138816

Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

138817

General Revenue Fund	138818

GRF	600321	Support Services					138819
		State	$	34,801,760	$	31,932,117	138820
		Federal	$	9,322,222	$	9,207,441	138821
		Support Services Total	$	44,123,982	$	41,139,558	138822
GRF	600410	TANF State	$	151,386,934	$	151,386,934	138823
GRF	600413	Child Care Match/Maintenance of Effort	$	84,732,730	$	84,732,730	138824
GRF	600416	Computer Projects					138825
		State	$	67,955,340	$	69,263,506	138826
		Federal	$	13,105,167	$	12,937,222	138827
		Computer Projects Total	$	81,060,507	$	82,200,728	138828
GRF	600417	Medicaid Provider Audits	$	1,312,992	$	1,312,992	138829
GRF	600420	Child Support Administration	$	6,163,534	$	6,065,588	138830
GRF	600421	Office of Family Stability	$	3,768,929	$	3,757,493	138831
GRF	600423	Office of Children and Families	$	5,123,406	$	4,978,756	138832
GRF	600425	Office of Ohio Health Plans					138833
		State	$	13,149,582	$	15,740,987	138834
		Federal	$	12,556,921	$	12,286,234	138835
		Office of Ohio Health Plans Total	$	25,706,503	$	28,027,221	138836
GRF	600502	Administration - Local	$	23,814,103	$	23,814,103	138837
GRF	600511	Disability Financial Assistance	$	26,599,666	$	27,108,734	138838
GRF	600521	Entitlement Administration - Local	$	72,200,721	$	72,200,721	138839
GRF	600523	Children and Families Services	$	53,105,323	$	53,105,323	138840
GRF	600525	Health Care/Medicaid					138841
		State	$	4,297,666,947	$	4,671,520,882	138842
		Federal	$	7,507,443,548	$	8,404,313,207	138843
		Health Care Total	$	11,805,110,495	$	13,075,834,089	138844
GRF	600526	Medicare Part D	$	275,154,963	$	300,140,824	138845
GRF	600528	Adoption Services					138846
		State	$	29,257,932	$	29,257,932	138847
		Federal	$	41,085,169	$	41,085,169	138848
		Adoption Services Total	$	70,343,101	$	70,343,101	138849
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	138850
GRF	600534	Adult Protective Services	$	366,003	$	366,003	138851
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	138852
GRF	600537	Children's Hospital	$	6,000,000	$	6,000,000	138853
GRF	600540	Second Harvest Food Banks	$	4,000,000	$	4,000,000	138854
GRF	600541	Kinship Permanency Incentive Program	$	2,500,000	$	3,500,000	138855
TOTAL GRF General Revenue Fund							138856
		State	$	5,296,157,339	$	5,697,282,099	138857
		Federal	$	7,583,513,027	$	8,479,829,273	138858
		GRF Total	$	12,879,670,366	$	14,177,111,372	138859

General Services Fund Group	138860

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	138861
5C90	600671	Medicaid Program Support	$	85,800,878	$	82,839,266	138862
5DL0	600639	Medicaid Revenue and Collections	$	89,256,974	$	84,156,974	138863
5DM0	600633	Administration & Operating	$	20,392,173	$	19,858,928	138864
5FX0	600638	Medicaid Payment Withholding	$	5,000,000	$	6,000,000	138865
5HL0	600602	State and County Shared services	$	3,020,000	$	3,020,000	138866
5P50	600692	Prescription Drug Rebate - State	$	220,600,000	$	242,600,000	138867
6130	600645	Training Activities	$	500,000	$	500,000	138868
TOTAL GSF General Services							138869
Fund Group			$	458,570,025	$	472,975,168	138870

Federal Special Revenue Fund Group	138871

3270	600606	Child Welfare	$	29,769,865	$	29,769,866	138872
3310	600686	Federal Operating	$	49,128,140	$	48,203,023	138873
3840	600610	Food Assistance and State Administration	$	180,381,394	$	180,381,394	138874
3850	600614	Refugee Services	$	11,582,440	$	12,564,952	138875
3950	600616	Special Activities/Child and Family Services	$	2,259,264	$	2,259,264	138876
3960	600620	Social Services Block Grant	$	64,999,999	$	64,999,998	138877
3970	600626	Child Support	$	255,812,837	$	255,813,528	138878
3980	600627	Adoption Maintenance/ Administration	$	352,183,862	$	352,184,253	138879
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	138880
3AW0	600675	Faith Based Initiatives	$	544,140	$	544,140	138881
3D30	600648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	138882
3ER0	600603	Health Information Technology	$	411,661,286	$	416,395,286	138883
3F00	600623	Health Care Federal	$	2,637,061,505	$	2,720,724,869	138884
3F00	600650	Hospital Care Assurance Match	$	372,784,046	$	380,645,627	138885
3FA0	600680	Ohio Health Care Grants	$	9,405,000	$	20,000,000	138886
3G50	600655	Interagency Reimbursement	$	1,621,305,787	$	1,380,391,478	138887
3H70	600617	Child Care Federal	$	208,290,036	$	204,813,731	138888
3N00	600628	IV-E Foster Care Maintenance	$	133,963,142	$	133,963,142	138889
3S50	600622	Child Support Projects	$	534,050	$	534,050	138890
3V00	600688	Workforce Investment Act	$	176,496,250	$	172,805,562	138891
3V40	600678	Federal Unemployment Programs	$	188,680,096	$	186,723,415	138892
3V40	600679	Unemployment Compensation Review Commission - Federal	$	4,166,988	$	4,068,758	138893
3V60	600689	TANF Block Grant	$	727,968,260	$	727,968,260	138894
TOTAL FED Federal Special Revenue							138895
Fund Group			$	7,446,018,911	$	7,302,795,120	138896

State Special Revenue Fund Group	138897

1980	600647	Children's Trust Fund	$	5,873,637	$	5,873,848	138898
4A90	600607	Unemployment Compensation Administration Fund	$	21,924,998	$	21,424,998	138899
4A90	600694	Unemployment Compensation Review Commission	$	2,873,167	$	2,817,031	138900
4E30	600605	Nursing Home Assessments	$	2,878,320	$	2,878,319	138901
4E70	600604	Child and Family Services Collections	$	400,000	$	400,000	138902
4F10	600609	Children and Family Services Activities	$	683,359	$	683,549	138903
4K10	600621	ICF/MR Bed Assessments	$	41,405,596	$	44,372,874	138904
4Z10	600625	HealthCare Compliance	$	11,551,076	$	14,582,000	138905
5AJ0	600631	Money Follows the Person	$	5,483,080	$	4,733,080	138906
5DB0	600637	Military Injury Grants	$	2,000,000	$	2,000,000	138907
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	138908
5ES0	600630	Food Assistance	$	500,000	$	500,000	138909
5GF0	600656	Medicaid - Hospital	$	436,000,000	$	436,000,000	138910
5KC0	600682	Health Care Special Activities	$	10,000,000	$	10,000,000	138911
5R20	600608	Medicaid-Nursing Facilities	$	402,489,308	$	407,100,746	138912
5S30	600629	MR/DD Medicaid Administration and Oversight	$	9,252,738	$	9,147,791	138913
5U30	600654	Health Care Services Administration	$	24,400,000	$	24,400,000	138914
5U60	600663	Children and Family Support	$	4,000,000	$	4,000,000	138915
6510	600649	Hospital Care Assurance Program Fund	$	212,526,123	$	217,008,050	138916
TOTAL SSR State Special Revenue							138917
Fund Group			$	1,194,741,402	$	1,208,422,286	138918

Agency Fund Group	138919

1920	600646	Support Intercept - Federal	$	130,000,000	$	130,000,000	138920
5830	600642	Support Intercept - State	$	16,000,000	$	16,000,000	138921
5B60	600601	Food Assistance Intercept	$	2,000,000	$	2,000,000	138922
TOTAL AGY Agency Fund Group			$	148,000,000	$	148,000,000	138923

Holding Account Redistribution Fund Group	138924

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	138925
R013	600644	Forgery Collections	$	10,000	$	10,000	138926
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	138927
TOTAL ALL BUDGET FUND GROUPS			$	22,129,210,704	$	23,311,513,946	138928

Section 309.20. SUPPORT SERVICES

138930

Section 309.20.10. ADMINISTRATION AND OPERATING

138931

On July 1, 2011, or as soon as possible thereafter, the	138932
Director of Budget and Management may transfer up to $535,300 cash	138933
from the TANF Quality Control Reinvestments Fund (Fund 5Z90) to	138934
the Administration and Operating Fund (Fund 5DM0). Upon completion	138935
of the transfer, Fund 5Z90 is abolished.	138936

Of the foregoing appropriation item 600633, Administration	138937
and Operating, the Department of Job and Family Services shall use	138938
up to $535,300 to pay for one-time contract expenses.	138939

Section 309.20.20. TRANSFER TO STATE AND COUNTY SHARED	138940
SERVICES FUND	138941

Within thirty days of the effective date of this act, or as	138942
soon as possible thereafter, the Director of Budget and Management	138943
shall transfer the unencumbered cash balance in the County	138944
Technologies Fund (Fund 5N10) to the State and County Shared	138945
Services Fund (Fund 5HL0). The transferred cash is hereby	138946
appropriated.	138947

Section 309.20.30. AGENCY FUND GROUP

138948

The Agency Fund Group and Holding Account Redistribution Fund	138949
Group shall be used to hold revenues until the appropriate fund is	138950
determined or until the revenues are directed to the appropriate	138951
governmental agency other than the Department of Job and Family	138952
Services. If receipts credited to the Support Intercept – Federal	138953
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),	138954
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit	138955
Settlements Fund (Fund R012), or the Forgery Collections Fund	138956
(Fund R013) exceed the amounts appropriated from the fund, the	138957
Director of Job and Family Services may request the Director of	138958
Budget and Management to authorize expenditures from the fund in	138959
excess of the amounts appropriated. Upon the approval of the	138960
Director of Budget and Management, the additional amounts are	138961
hereby appropriated.	138962

Section 309.30. MEDICAID

138963

Section 309.30.10. HEALTH CARE/MEDICAID

138964

The foregoing appropriation item 600525, Health	138965
Care/Medicaid, shall not be limited by section 131.33 of the	138966
Revised Code.	138967

Section 309.30.20. UNIFIED LONG TERM CARE

138968

The foregoing appropriation item 600525, Health	138969
Care/Medicaid, may be used to provide the preadmission screening	138970
and resident review (PASRR), which includes screening,	138971
assessments, and determinations made under sections 5111.204,	138972
5119.061, and 5123.021 of the Revised Code.	138973

The foregoing appropriation item 600525, Health	138974
Care/Medicaid, may be used to assess and provide long-term care	138975
consultations under section 173.42 of the Revised Code to clients	138976
regardless of Medicaid eligibility.	138977

The foregoing appropriation item 600525, Health	138978
Care/Medicaid, may be used to provide nonwaiver funded PASSPORT	138979
and assisted living services to persons who the state department	138980
has determined to be eligible to participate in the nonwaiver	138981
funded PASSPORT and assisted living programs, who applied for but	138982
have not yet been determined to be financially eligible to	138983
participate in the Medicaid waiver component of the PASSPORT Home	138984
Care Program or the Assisted Living Program by a county department	138985
of job and family services, and to persons who are not eligible	138986
for Medicaid but were enrolled in the PASSPORT Program prior to	138987
July 1, 1990.	138988

The foregoing appropriation item 600525, Health	138989
Care/Medicaid, shall be used to provide the required state match	138990
for federal Medicaid funds supporting the Medicaid waiver-funded	138991
PASSPORT Home Care Program, the Choices Program, the Assisted	138992
Living Program, and the PACE Program.	138993

The foregoing appropriation item 600525, Health	138994
Care/Medicaid, shall be used to provide the federal matching share	138995
of program costs determined by the Department of Job and Family	138996
Services to be eligible for Medicaid reimbursement for the	138997
Medicaid waiver-funded PASSPORT Home Care Program, the Choices	138998
Program, the Assisted Living Program, and the PACE Program.	138999

Of the foregoing appropriation item 600525, Health	139000
Care/Medicaid, $27,808,676 in fiscal year 2012 and $55,788,006 in	139001
fiscal year 2013 shall be used to provide supplemental funding to	139002
the Medicaid waiver-funded PASSPORT Home Care Program.	139003

Section 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES

139004

(A) For fiscal year 2012 and fiscal year 2013, the Director	139005
of Job and Family Services shall implement purchasing strategies	139006
and rate reductions for certain Medicaid-covered services, as	139007
determined by the Director, that result in payment rates for those	139008
services being at least two per cent less than the respective	139009
payment rates for fiscal year 2011. The Director shall consider	139010
the following when implementing purchasing strategies and rate	139011
reductions under this section:	139012

(1) Modernizing hospital inpatient and outpatient	139013
reimbursement methodologies by doing the following:	139014

(a) Modifying the inpatient hospital capital reimbursement	139015
methodology;	139016

(b) Implementing relative weights for diagnosis-related	139017
groups or establishing new diagnosis-related groups;	139018

(c) Implementing other changes the Director considers	139019
appropriate.	139020

(2) Establishing selective contracting and prior	139021
authorization requirements for types of medical assistance the	139022
Director identifies.	139023

(B) In the case of any purchasing strategies and rate	139024
reductions that reduce administrative rate payments made to	139025
managed care organizations under contract with the Department of	139026
Job and Family Services pursuant to section 5111.17 of the Revised	139027
Code, the Department shall ensure that no managed care	139028
organization passes the administrative rate payment reductions	139029
onto providers under contract with the organization.	139030

(C) The Director shall adopt rules under section 5111.02 and	139031
5111.85 of the Revised Code as necessary to implement this	139032
section.	139033

(D) This section does not apply to nursing facility and	139034
intermediate care facility for the mentally retarded services	139035
provided under the Medicaid program.	139036

Section 309.30.31. FISCAL YEAR 2012 MEDICARE COPAYMENT FOR	139037
DIALYSIS SERVICES PROVIDED TO MEDICAID RECIPIENTS	139038

(A) As used in this section, "dual eligible individual" has	139039
the same meaning as in section 1915(h)(2)(B) of the "Social	139040
Security Act," 124 Stat. 315 (2010), 42 U.S.C. 1396n(h)(2)(B).	139041

(B) In fiscal year 2012, for dialysis services provided to a	139042
dual eligible individual, the Department of Job and Family	139043
Services shall pay under the Medicaid program an amount equal to	139044
the Medicare copayment amount that applies to the service, as that	139045
amount was paid by the Department immediately prior to the	139046
effective date of this section.	139047

Section 309.30.32. FISCAL YEAR 2013 MEDICAID RATE FOR	139048
DIALYSIS SERVICES	139049

Notwithstanding any conflicting provision of section 5111.021	139050
of the Revised Code or any other conflicting provision of the	139051
Revised Code or this act, in fiscal year 2013, the Department of	139052
Job and Family Services may adjust the Medicaid rates that are	139053
paid for dialysis services by an amount sufficient to achieve	139054
aggregate savings of not more than $9 million in state share	139055
expenditures under the Medicaid program.	139056

Section 309.30.33. HOSPITAL INPATIENT AND OUTPATIENT	139057
SUPPLEMENTAL UPPER PAYMENT LIMIT PROGRAM; MEDICAID MANAGED CARE	139058
HOSPITAL INCENTIVE PAYMENT PROGRAM	139059

(A) As used in this section:

139060

(1) "Hospital" has the same meaning as in section 5112.40 of	139061
the Revised Code.	139062

(2) "Hospital Assessment Fund" means the fund created under	139063
section 5112.45 of the Revised Code.	139064

(3) "Medicaid managed care organization" means an entity	139065
under contract pursuant to section 5111.17 of the Revised Code to	139066
provide or arrange services for Medicaid recipients who are	139067
required or permitted to participate in the Medicaid care	139068
management system.	139069

(B) The Department of Job and Family Services shall submit to	139070
the United States Secretary of Health and Human Services a	139071
Medicaid state plan amendment to do both of the following:	139072

(1) Continue the Hospital Inpatient and Outpatient	139073
Supplemental Upper Payment Limit Program that was established	139074
pursuant to Section 309.30.17 of Am. Sub. H.B. 1 of the 128th	139075
General Assembly, with any modifications necessary to implement	139076
the program as described under division (D) of this section;	139077

(2) Create the Medicaid Managed Care Hospital Incentive	139078
Payment Program, as described under division (E) of this section.	139079

(C) Of the amounts deposited into the Hospital Assessment	139080
Fund in fiscal year 2012 and fiscal year 2013:	139081

(1) Up to $432,432,725 (state and federal) in fiscal year	139082
2012 and up to $415,162,388 (state and federal) in fiscal year	139083
2013 shall be used for the Hospital Inpatient and Outpatient	139084
Supplemental Upper Payment Limit Program;	139085

(2) Up to $162,000,000 (state and federal) in each fiscal	139086
year shall be used for the Medicaid Managed Care Hospital	139087
Incentive Payment Program;	139088

(3) Up to $176,021,111 (state and federal) in fiscal year	139089
2012 and up to $195,158,394 (state and federal) in fiscal year	139090
2013 shall be used for the program authorized by the section of	139091
this act titled "CONTINUATION OF MEDICAID RATES FOR HOSPITAL	139092
INPATIENT AND OUTPATIENT SERVICES."	139093

(D)(1) If the Medicaid state plan amendment submitted under	139094
division (B)(1) of this section is approved, the Department shall	139095
implement the Hospital Inpatient and Outpatient Supplemental Upper	139096
Payment Limit Program during fiscal year 2012 and fiscal year	139097
2013. Under the Program, subject to division (D)(2) of this	139098
section, supplemental Medicaid payments shall be made to hospitals	139099
for Medicaid-covered inpatient and outpatient services. The	139100
Department shall make the payments through amounts that are made	139101
available for the Program under division (C) of this section and	139102
any federal financial participation available for the Program.	139103

(2) The Department shall take all actions necessary to cease	139104
implementation of the Program if the United States Secretary	139105
determines that the assessment imposed under section 5112.41 of	139106
the Revised Code is an impermissible healthcare-related tax under	139107
section 1903(w) of the "Social Security Act," 105 Stat. 1793	139108
(1991), 42 U.S.C. 1396b(w), as amended.	139109

(E)(1) If the Medicaid state plan amendment submitted under	139110
division (B)(2) of this section is approved, the Department shall	139111
implement the Medicaid Managed Care Hospital Incentive Payment	139112
Program. The purpose of the Program is to increase access to	139113
hospital services for Medicaid recipients who are enrolled in	139114
Medicaid managed care organizations.	139115

Under the Program, subject to division (E)(3) of this	139116
section, funds shall be provided to Medicaid managed care	139117
organizations, which shall use the funds to increase payments to	139118
hospitals for providing services to Medicaid recipients who are	139119
enrolled in the organizations. The Department shall provide the	139120
funds through amounts that are made available for the Program	139121
under division (C) of this section and any federal financial	139122
participation available for the Program.	139123

(2) Not later than July 1, 2012, the Department shall select	139124
an actuary to conduct a study of the contracted reimbursement	139125
rates between Medicaid managed care organizations and hospitals.	139126
The actuary shall determine if a reduction in the capitation rates	139127
paid to Medicaid managed care organizations in fiscal year 2013 is	139128
appropriate as a result of the contracted reimbursement rates	139129
between the organizations and hospitals. The actuary shall notify	139130
the Department of its determination.	139131

If the actuary determines that a reduction in the capitation	139132
rates paid to Medicaid managed care organizations in fiscal year	139133
2013 will not achieve $22 million in state savings in fiscal year	139134
2013, the state shall receive the difference between what the	139135
actuary determines the state will save and $22 million. The	139136
Department, in consultation with the Ohio Association of Health	139137
Plans and the Ohio Hospital Association, shall establish a	139138
methodology under which the difference is paid equally by Medicaid	139139
managed care organizations and hospitals in this state.	139140

Notwithstanding anything to the contrary specified in	139141
division (E)(3)(b) or (c) of this section, the Medicaid managed	139142
care organizations and hospitals shall pay the amounts determined	139143
under the methodology, unless the Department waives the	139144
requirement to make the payments. The requirement may be waived if	139145
spending for the Medicaid program in fiscal year 2013 is less than	139146
the amount that is budgeted for that fiscal year. If payments are	139147
made, the amount received by the Department shall be deposited	139148
into the state treasury to the credit of the Health Care	139149
Compliance Fund created under section 5111.171 of the Revised	139150
Code.	139151

(3)(a) The Department shall not provide funds to Medicaid	139152
managed care organizations under the Program unless an actuary	139153
selected by the Department certifies that the Program would not	139154
violate the actuarial soundness of the capitation rates paid to	139155
Medicaid managed care organizations.	139156

(b) The Department shall not implement the Program in a	139157
manner that causes a hospital to receive less money from the	139158
Hospital Assessment Fund than the hospital would have received if	139159
the Program were not implemented.	139160

(c) The Department shall not implement the Program in a	139161
manner that causes a Medicaid managed care organization to receive	139162
a lower capitation payment rate solely because funds are made	139163
available to the organization under the Program.	139164

(d) The Department shall take all necessary actions to cease	139165
implementation of the Program if the United States Secretary	139166
determines that the assessment imposed under section 5112.41 of	139167
the Revised Code is an impermissible healthcare-related tax under	139168
section 1903(w) of the "Social Security Act," 105 Stat. 1793	139169
(1991), 42 U.S.C. 1396b(w), as amended.	139170

(F) The Director of Budget and Management may authorize	139171
additional expenditures from appropriation item 600623, Health	139172
Care Federal, and appropriation item 600656, Medicaid-Hospital, in	139173
order to implement the programs authorized by this section. Any	139174
amounts authorized are hereby appropriated.	139175

(G) Nothing in this section reduces payments authorized under	139176
appropriation line item 600537 for children's hospitals.	139177

Section 309.30.35. CONTINUATION OF MEDICAID RATES FOR	139178
HOSPITAL INPATIENT AND OUTPATIENT SERVICES	139179

The Director of Job and Family Services shall amend rules	139180
adopted under section 5111.02 of the Revised Code as necessary to	139181
continue, for the period beginning July 1, 2011, through June 30,	139182
2013, the Medicaid reimbursement rates in effect from October 1,	139183
2009, through June 30, 2011, for Medicaid-covered hospital	139184
inpatient services and hospital outpatient services that are paid	139185
under the prospective payment system established in those rules.	139186
The rates shall continue to be in effect, notwithstanding any	139187
policies or rules the Director adopts or amends pursuant to the	139188
section of this act titled "Reduction of Medicaid Expenditures."	139189

Section 309.30.40. MANAGED CARE PERFORMANCE PAYMENT PROGRAM

139190

At the beginning of each quarter, or as soon as possible	139191
thereafter, the Director of Job and Family Services shall certify	139192
to the Director of Budget and Management the amount withheld in	139193
accordance with section 5111.1711 of the Revised Code for purposes	139194
of the Managed Care Performance Payment Program. Upon receiving	139195
certification, the Director of Budget and Management shall	139196
transfer cash in the amount certified from the General Revenue	139197
Fund to the Managed Care Performance Payment Fund. The transferred	139198
cash is hereby appropriated. Appropriation item 600525, Health	139199
Care/Medicaid, is hereby reduced by the amount of the transfer.	139200

Section 309.30.50. COORDINATION OF CARE FOR COVERED FAMILIES	139201
AND CHILDREN PENDING MEDICAID MANAGED CARE ENROLLMENT	139202

(A) As used in this section, "Medicaid managed care" means	139203
the care management system established under section 5111.16 of	139204
the Revised Code.	139205

(B) The departments of Job and Family Services and Health	139206
shall work together on the issue of achieving efficiencies in the	139207
delivery of medical assistance provided under Medicaid to families	139208
and children.	139209

(C) As part of their work under division (B) of this section,	139210
the departments shall develop a proposal for coordinating medical	139211
assistance provided to families and children under Medicaid while	139212
they wait to be enrolled in Medicaid managed care. In developing	139213
the proposal, the departments may do the following:	139214

(1) Conduct research on the status of families and children	139215
waiting to be enrolled in Medicaid managed care, including	139216
research on the reasons for the wait and the utilization of	139217
medical assistance during the waiting period;	139218

(2) Conduct a review of ways to help families and children	139219
receive medical assistance in the most appropriate setting while	139220
they wait to be enrolled in Medicaid managed care;	139221

(3) Develop recommendations for a coordinated, cost-effective	139222
system of helping families and children waiting to be enrolled in	139223
Medicaid managed care find the medical assistance they need during	139224
the waiting period;	139225

(4) For the purpose of reducing the waiting period for	139226
enrollment in Medicaid managed care, develop recommendations for	139227
improving the enrollment processes.	139228

(D) As part of the work that is done under division (B) of	139229
this section, the Department of Job and Family Services may submit	139230
to the United States Secretary of Health and Human Services a	139231
request for a Medicaid state plan amendment to authorize payment	139232
for Medicaid-reimbursable targeted case management services that	139233
are provided in connection with the Help Me Grow Program and for	139234
services provided under the Program. Each quarter during fiscal	139235
year 2012 and fiscal year 2013 following approval of the Medicaid	139236
state plan amendment, the Department of Job and Family Services	139237
shall certify to the Director of Budget and Management the state	139238
and federal share of the amount the Department of Job and Family	139239
Services has expended that quarter for services under this	139240
section. On receipt of each quarterly certification to the	139241
Director of Budget and Management shall decrease appropriation	139242
from appropriation item 440459, Help Me Grow, an amount equal to	139243
the state share of the certified expenditures and increase	139244
appropriation item 600525, Health Care/Medicaid by an equal amount	139245
and adjust the Federal share accordingly. This transfer is not	139246
intended to reduce General Revenue Funds appropriated for the Help	139247
Me Grow Program, but is done solely for the purpose of drawing	139248
down the federal share of Medicaid reimbursement.	139249

Section 309.30.60. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	139250
SYSTEM FOR NURSING FACILITIES	139251

(A) As used in this section:

139252

"Franchise permit fee," "Medicaid days," "nursing facility,"	139253
and "provider" have the same meanings as in section 5111.20 of the	139254
Revised Code.	139255

"Nursing facility services" means nursing facility services	139256
covered by the Medicaid program that a nursing facility provides	139257
to a resident of the nursing facility who is a Medicaid recipient	139258
eligible for Medicaid-covered nursing facility services.	139259

(B) Except as otherwise provided by this section, the	139260
provider of a nursing facility that has a valid Medicaid provider	139261
agreement on June 30, 2011, and a valid Medicaid provider	139262
agreement during fiscal year 2012 shall be paid, for nursing	139263
facility services the nursing facility provides during fiscal year	139264
2012, the rate calculated for the nursing facility under sections	139265
5111.20 to 5111.33 of the Revised Code with the following	139266
adjustments:	139267

(1) The cost per case mix-unit calculated under section	139268
5111.231 of the Revised Code, the rate for ancillary and support	139269
costs calculated under section 5111.24 of the Revised Code, the	139270
rate for tax costs calculated under section 5111.242 of the	139271
Revised Code, and the rate for capital costs calculated under	139272
section 5111.25 of the Revised Code shall each be increased by	139273
five and eight hundredths per cent;	139274

(2) The mean payment used in the calculation of the quality	139275
incentive payment made under section 5111.244 of the Revised Code	139276
shall be, weighted by Medicaid days, fourteen dollars and	139277
forty-one cents per Medicaid day.	139278

(C) If the franchise permit fee must be reduced or eliminated	139279
to comply with federal law, the Department of Job and Family	139280
Services shall reduce the amount it pays providers of nursing	139281
facility services under this section as necessary to reflect the	139282
loss to the state of the revenue and federal financial	139283
participation generated from the franchise permit fee.	139284

(D) The Department of Job and Family Services shall follow	139285
this section in determining the rate to be paid to the provider of	139286
a nursing facility that has a valid Medicaid provider agreement on	139287
June 30, 2011, and a valid Medicaid provider agreement during	139288
fiscal year 2012 notwithstanding anything to the contrary in	139289
sections 5111.20 to 5111.33 of the Revised Code.	139290

Section 309.30.70. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	139291
SYSTEM FOR NURSING FACILITIES	139292

(A) As used in this section:

139293

"Franchise permit fee," "Medicaid days," "nursing facility,"	139294
and "provider" have the same meanings as in section 5111.20 of the	139295
Revised Code.	139296

"Nursing facility services" means nursing facility services	139297
covered by the Medicaid program that a nursing facility provides	139298
to a resident of the nursing facility who is a Medicaid recipient	139299
eligible for Medicaid-covered nursing facility services.	139300

(B) Except as otherwise provided by this section, the	139301
provider of a nursing facility that has a valid Medicaid provider	139302
agreement on June 30, 2012, and a valid Medicaid provider	139303
agreement during fiscal year 2013 shall be paid, for nursing	139304
facility services the nursing facility provides during fiscal year	139305
2013, the rate calculated for the nursing facility under sections	139306
5111.20 to 5111.33 of the Revised Code with the following	139307
adjustments:	139308

(1) The cost per case mix-unit calculated under section	139309
5111.231 of the Revised Code, the rate for ancillary and support	139310
costs calculated under section 5111.24 of the Revised Code, the	139311
rate for tax costs calculated under section 5111.242 of the	139312
Revised Code, and the rate for capital costs calculated under	139313
section 5111.25 of the Revised Code shall each be increased by	139314
five and eight hundredths per cent;	139315

(2) Unless, pursuant to division (D) of section 5111.244 of	139316
the Revised Code, no quality incentive payment is to be made for	139317
fiscal year 2013, the mean payment used in the calculation of the	139318
quality incentive payment made under section 5111.244 of the	139319
Revised Code shall be, weighted by Medicaid days, fourteen dollars	139320
and sixty-three cents per Medicaid day.	139321

(C) If the franchise permit fee must be reduced or eliminated	139322
to comply with federal law, the Department of Job and Family	139323
Services shall reduce the amount it pays providers of nursing	139324
facility services under this section as necessary to reflect the	139325
loss to the state of the revenue and federal financial	139326
participation generated from the franchise permit fee.	139327

(D) The Department of Job and Family Services shall follow	139328
this section in determining the rate to be paid to the provider of	139329
a nursing facility that has a valid Medicaid provider agreement on	139330
June 30, 2012, and a valid Medicaid provider agreement during	139331
fiscal year 2013 notwithstanding anything to the contrary in	139332
sections 5111.20 to 5111.33 of the Revised Code.	139333

Section 309.30.73. NURSING FACILITY CAPACITY COUNCIL

139334

(A) As used in this section, "nursing facility" has the same	139335
meaning as in section 5111.20 of the Revised Code.	139336

(B) There is hereby created the Nursing Facility Capacity	139337
Council. The Council shall consist of the following members, each	139338
of whom shall be appointed not later than sixty days after the	139339
effective date of this section:	139340

(1) One or more members of the Ohio Health Care Association,	139341
appointed by the executive director or chief administrative	139342
officer of the Association;	139343

(2) One or more members of the Ohio Academy of Nursing Homes,	139344
appointed by the executive director or chief administrative	139345
officer of the Academy;	139346

(3) One or more members of LeadingAge Ohio, appointed by the	139347
executive director or chief administrative officer of that	139348
organization;	139349

(4) One or more employees of the Department of Job and Family	139350
Services, appointed by the Director of Job and Family Services;	139351

(5) One or more employees of the Department of Aging,	139352
appointed by the Director of Aging;	139353

(6) One or more employees of the Department of Health,	139354
appointed by the Director of Health;	139355

(7) One or more employees of the Governor's Office of Health	139356
Transformation, appointed by the director of the Office.	139357

Each member of the Council shall serve at the pleasure of the	139358
member's appointing authority. A member shall serve without	139359
compensation, except to the extent that serving on the Council is	139360
considered part of the member's regular duties of employment.	139361

(C)(1) The Council shall examine the current and future	139362
capacity of nursing facilities in Ohio and the configuration of	139363
that capacity.	139364

(2) If excess capacity in nursing facilities is identified	139365
pursuant to the examination conducted under division (C)(1) of	139366
this section, the Council shall determine the potential effects of	139367
the excess capacity and recommend actions the state or private	139368
industry may take to address the excess capacity. For each action	139369
recommended, the Council shall consider and explain the impact of	139370
the action on all of the following:	139371

(a) The excess capacity;

139372

(b) The nursing facilities that would be affected by the	139373
action;	139374

139375

(D) Not later than June 30, 2012, submit a written report of	139376
its findings and recommendations to the Governor and, in	139377
accordance with section 101.68 of the Revised Code, the General	139378
Assembly. On submission of the report, the Council shall cease to	139379
exist.	139380

Section 309.30.80. STUDY OF ICF/MR ISSUES

139381

(A) As used in this section:

139382

"Home and community-based services" has the same meaning as	139383
in section 5123.01 of the Revised Code.	139384

"ICF/MR" means an intermediate care facility for the mentally	139385
retarded as defined in section 5111.20 of the Revised Code.	139386

"ICF/MR services" means services covered by the Medicaid	139387
program that an ICF/MR provides to a Medicaid recipient eligible	139388
for the services.	139389

(B) The Departments of Job and Family Services and	139390
Developmental Disabilities shall study issues regarding the	139391
administration of, and Medicaid reimbursement for, ICF/MR	139392
services. In conducting the study, the Departments shall examine	139393
the following:	139394

(1) Revising the Individual Assessment Form Answer Sheet in a	139395
manner that provides a more accurate assessment of the acuity and	139396
care needs of individuals who need ICF/MR services, especially the	139397
acuity and care needs of such individuals who have intensive	139398
behavioral or medical needs;	139399

(2) Revising the Medicaid reimbursement formula for ICF/MR	139400
services to accomplish the following:	139401

(a) Ensure that reimbursement for capital costs is adequate	139402
for maintaining the capital assets of ICFs/MR in a manner that	139403
promotes the well being of the residents;	139404

(b) Provide capital incentives for reducing the capacity of	139405
ICFs/MR as necessary to achieve goals regarding the optimal	139406
capacity of ICFs/MR;	139407

(c) Ensure that wages paid individuals who provide direct	139408
care services to ICF/MR residents are sufficient for ICFs/MR to	139409
meet staffing and quality requirements;	139410

(d) Provide incentives for high quality services;

139411

(e) Achieve other goals developed for the purpose of	139412
improving the appropriateness and sufficiency of Medicaid	139413
reimbursements for ICF/MR services.	139414

(3) Transferring the powers and duties regarding ICF/MR	139415
services from the Department of Job and Family Services to the	139416
Department of Developmental Disabilities.	139417

(C) The Departments shall examine the issue of revising the	139418
Individual Assessment Form Answer Sheet before examining the issue	139419
of revising the Medicaid reimbursement formula for ICF/MR	139420
services. Not later than October 1, 2011, the Departments shall	139421
prepare a report of the study conducted under this section and	139422
submit the report to the Governor and, in accordance with section	139423
101.68 of the Revised Code, the General Assembly.	139424

(D) At the same time that the Departments conduct the study	139425
under this section, they shall work with the Governor's Office of	139426
Health Transformation and persons interested in the issue of	139427
ICF/MR services to develop recommendations regarding the	139428
following:	139429

(1) Goals regarding the ratio of home and community-based	139430
services and ICF/MR services provided under the Medicaid program	139431
that take into account goals regarding the optimal capacity of	139432
ICFs/MR;	139433

(2) The roles and responsibilities of both of the following:

139434

(a) ICFs/MR owned and operated by the Department of	139435
Developmental Disabilities;	139436

(b) Providers of home and community-based services.

139437

(3) Simplifying and eliminating duplicate regulations	139438
regarding ICFs/MR in a manner that lowers the cost of ICF/MR	139439
services.	139440

(E) The powers and duties regarding ICF/MR services shall not	139441
be transferred from the Department of Job and Family Services to	139442
the Department of Developmental Disabilities unless a state law is	139443
enacted that expressly authorizes the transfer.	139444

Section 309.30.90. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT	139445
SYSTEM FOR ICFs/MR	139446

(A) As used in this section:

139447

(1) "Change of operator," "entering operator," and "exiting	139448
operator" have the same meanings as in section 5111.65 of the	139449
Revised Code.	139450

(2) "Continuing ICF/MR" means an ICF/MR to which either of	139451
the following apply:	139452

(a) The provider has a valid Medicaid provider agreement for	139453
the ICF/MR on June 30, 2011, and a valid Medicaid provider	139454
agreement for the ICF/MR during fiscal year 2012.	139455

(b) The ICF/MR undergoes a change of operator that takes	139456
effect during fiscal year 2012, the exiting operator has a valid	139457
Medicaid provider agreement for the ICF/MR on June 30, 2011, and	139458
the entering operator has a valid Medicaid provider agreement for	139459
the ICF/MR for at least part of fiscal year 2012 after the change	139460
of operator takes effect.	139461

(3) "Franchise permit fee" and "provider" have the same	139462
meanings as in section 5111.20 of the Revised Code.	139463

(4) "ICF/MR" means an intermediate care facility for the	139464
mentally retarded as defined in section 5111.20 of the Revised	139465
Code.	139466

(5) "ICF/MR services" means services covered by the Medicaid	139467
program that an ICF/MR provides to a Medicaid recipient eligible	139468
for the services.	139469

(6) "Medicaid days" means all days during which a resident	139470
who is a Medicaid recipient occupies a bed in an ICF/MR that is	139471
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	139472
or hospital leave days for which payment is made under section	139473
5111.33 of the Revised Code are considered Medicaid days	139474
proportionate to the percentage of the ICF/MR's per resident per	139475
day rate paid for those days.	139476

(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of	139477
the Revised Code applies for fiscal year 2012.	139478

(8) "Per diem rate" means the per diem rate calculated	139479
pursuant to sections 5111.20 to 5111.33 of the Revised Code.	139480

(B) If the mean total per diem rate for all ICFs/MR in this	139481
state for fiscal year 2012, weighted by May 2011 Medicaid days and	139482
calculated as of July 1, 2011, exceeds $279.81, the Department of	139483
Job and Family Services shall reduce, for fiscal year 2012, the	139484
total per diem rate for each continuing ICF/MR by a percentage	139485
that is equal to the percentage by which the mean total per diem	139486
rate exceeds $279.81.	139487

(C) The provider of a new ICF/MR shall be paid, for ICF/MR	139488
services the ICF/MR provides during fiscal year 2012, the rate	139489
calculated for the ICF/MR under section 5111.255 of the Revised	139490
Code reduced by the same percentage that the rate for a continuing	139491
ICF/MR is reduced under division (B) of this section.	139492

(D) The rate of an ICF/MR set pursuant to this section shall	139493
not be subject to any adjustments authorized by sections 5111.20	139494
to 5111.33 of the Revised Code, or any rule authorized by those	139495
sections, during the remainder of fiscal year 2012.	139496

(E) If the franchise permit fee must be reduced or eliminated	139497
to comply with federal law, the Department of Job and Family	139498
Services shall reduce the amount it pays providers of ICF/MR	139499
services under this section as necessary to reflect the loss to	139500
the state of the revenue and federal financial participation	139501
generated from the franchise permit fee.	139502

(F) The Department of Job and Family Services shall follow	139503
this section in determining the rate to be paid to the provider of	139504
a continuing ICF/MR or new ICF/MR for ICF/MR services provided	139505
during fiscal year 2012 notwithstanding anything to the contrary	139506
in sections 5111.20 to 5111.33 of the Revised Code, except	139507
sections 5111.258 and 5111.291 of the Revised Code.	139508

Section 309.33.10. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT	139509
SYSTEM FOR ICFs/MR	139510

(A) As used in this section:

139511

(1) "Change of operator," "entering operator," and "exiting	139512
operator" have the same meanings as in section 5111.65 of the	139513
Revised Code.	139514

(2) "Continuing ICF/MR" means an ICF/MR to which either of	139515
the following apply:	139516

(a) The provider has a valid Medicaid provider agreement for	139517
the ICF/MR on June 30, 2012, and a valid Medicaid provider	139518
agreement for the ICF/MR during fiscal year 2013.	139519

(b) The ICF/MR undergoes a change of operator that takes	139520
effect during fiscal year 2013, the exiting operator has a valid	139521
Medicaid provider agreement for the ICF/MR on June 30, 2012, and	139522
the entering operator has a valid Medicaid provider agreement for	139523
the ICF/MR for at least part of fiscal year 2013 after the change	139524
of operator takes effect.	139525

(3) "Franchise permit fee" and "provider" have the same	139526
meanings as in section 5111.20 of the Revised Code.	139527

(4) "ICF/MR" means an intermediate care facility for the	139528
mentally retarded as defined in section 5111.20 of the Revised	139529
Code.	139530

(5) "ICF/MR services" means services covered by the Medicaid	139531
program that an ICF/MR provides to a Medicaid recipient eligible	139532
for the services.	139533

(6) "Medicaid days" means all days during which a resident	139534
who is a Medicaid recipient occupies a bed in an ICF/MR that is	139535
included in the ICF/MR's Medicaid-certified capacity. Therapeutic	139536
or hospital leave days for which payment is made under section	139537
5111.33 of the Revised Code are considered Medicaid days	139538
proportionate to the percentage of the ICF/MR's per resident per	139539
day rate paid for those days.	139540

(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of	139541
the Revised Code applies for fiscal year 2013.	139542

(8) "Per diem rate" means the per diem rate calculated	139543
pursuant to sections 5111.20 to 5111.33 of the Revised Code.	139544

(B) If the mean total per diem rate for all ICFs/MR in this	139545
state for fiscal year 2013, weighted by May 2012 Medicaid days and	139546
calculated as of July 1, 2012, exceeds $280.14, the Department of	139547
Job and Family Services shall reduce, for fiscal year 2013, the	139548
total per diem rate for each continuing ICF/MR by a percentage	139549
that is equal to the percentage by which the mean total per diem	139550
rate exceeds $280.14.	139551

(C) The provider of a new ICF/MR shall be paid, for ICF/MR	139552
services the ICF/MR provides during fiscal year 2013, the rate	139553
calculated for the ICF/MR under section 5111.255 of the Revised	139554
Code reduced by the same percentage that the rate for a continuing	139555
ICF/MR is reduced under division (B) of this section.	139556

(D) The rate of an ICF/MR set pursuant to this section shall	139557
not be subject to any adjustments authorized by sections 5111.20	139558
to 5111.33 of the Revised Code, or any rule authorized by those	139559
sections, during the remainder of fiscal year 2013.	139560

(E) If the franchise permit fee must be reduced or eliminated	139561
to comply with federal law, the Department of Job and Family	139562
Services shall reduce the amount it pays providers of ICF/MR	139563
services under this section as necessary to reflect the loss to	139564
the state of the revenue and federal financial participation	139565
generated from the franchise permit fee.	139566

(F) The Department of Job and Family Services shall follow	139567
this section in determining the rate to be paid to the provider of	139568
a continuing ICF/MR or new ICF/MR for ICF/MR services provided	139569
during fiscal year 2013 notwithstanding anything to the contrary	139570
in sections 5111.20 to 5111.33 of the Revised Code, except	139571
sections 5111.258 and 5111.291 of the Revised Code.	139572

Section 309.33.20. WAIVER SERVICES TRANSFERRED TO DEPARTMENT	139573
OF DEVELOPMENTAL DISABILITIES	139574

The Director of Budget and Management shall establish line	139575
items for use by the Department of Developmental Disabilities for	139576
purposes regarding the Department's assumption of powers and	139577
duties under section 5111.871 of the Revised Code regarding the	139578
Medicaid waiver component known as the Transitions Developmental	139579
Disabilities Waiver. The Department of Developmental Disabilities	139580
shall certify to the Director of Budget and Management and the	139581
Director of Job and Family Services the appropriation amounts, in	139582
fiscal year 2012 and fiscal year 2013, necessary for the	139583
Department of Developmental Disabilities to fulfill its	139584
obligations regarding the new powers and duties without	139585
duplicating administration or services that remain with the	139586
Department of Job and Family Services. The Department of Job and	139587
Family Services shall certify to the Director of Budget and	139588
Management that there is an equal reduction in the Department of	139589
Job and Family Services' administration and services as is being	139590
certified by the Department of Developmental Disabilities.	139591

Once all certifications required under this section have been	139592
submitted and approved by the Director of Budget and Management,	139593
the appropriation items established under this section are hereby	139594
appropriated in the amounts approved by the Director of Budget and	139595
Management. The appropriations to the Department of Developmental	139596
Disabilities in each fiscal year shall not exceed the aggregate	139597
amount of expenditures that the Department of Job and Family	139598
Services made in fiscal year 2011 for services provided under the	139599
Transitions Developmental Disabilities Waiver and related	139600
administrative costs. Appropriation item 600525, Health	139601
Care/Medicaid, is hereby reduced by the corresponding state and	139602
federal share of the amounts appropriated under this section to	139603
the Department of Developmental Disabilities in each fiscal year.	139604

Section 309.33.30. ADMINISTRATIVE ISSUES RELATED TO	139605
TERMINATION OF MEDICAID WAIVER PROGRAMS	139606

(A) As used in this section, "ODJFS or ODA Medicaid waiver	139607
component" means the following:	139608

(1) The Medicaid waiver component of the PASSPORT program	139609
created under section 173.40 of the Revised Code;	139610

(2) The Choices program created under section 173.403 of the	139611
Revised Code;	139612

(3) The Ohio Home Care program created under section 5111.861	139613
of the Revised Code;	139614

(4) The Ohio Transitions II Aging Carve-Out program created	139615
under section 5111.863 of the Revised Code;	139616

(5) The Medicaid waiver component of the Assisted Living	139617
program created under section 5111.89 of the Revised Code.	139618

(B) If an ODJFS or ODA Medicaid waiver component is	139619
terminated under section 173.40, 173.403, 5111.861, 5111.863, or	139620
5111.89 of the Revised Code, all of the following apply:	139621

(1) All applicable statutes, and all applicable rules,	139622
standards, guidelines, or orders issued by the Director or	139623
Department of Job and Family Services or Director or Department of	139624
Aging before the component is terminated, shall remain in full	139625
force and effect on and after that date, but solely for purposes	139626
of concluding the component's operations, including fulfilling the	139627
Departments' legal obligations for claims arising from the	139628
component relating to eligibility determinations, covered medical	139629
assistance provided to eligible persons, and recovering erroneous	139630
overpayments.	139631

(2) Notwithstanding the termination of the component, the	139632
right of subrogation for the cost of medical assistance given	139633
under section 5101.58 of the Revised Code to the Department of Job	139634
and Family Services and an assignment of the right to medical	139635
assistance given under section 5101.59 of the Revised Code to the	139636
Department continue to apply with respect to the component and	139637
remain in force to the full extent provided under those sections.	139638

(3) The Departments of Job and Family Services and Aging may	139639
use appropriated funds to satisfy any claims or contingent claims	139640
for medical assistance provided under the component before the	139641
component's termination.	139642

(4) Neither department has liability under the component to	139643
reimburse any provider or other person for claims for medical	139644
assistance rendered under the component after it is terminated.	139645

(C) The Directors of Job and Family Services and Aging may	139646
adopt rules in accordance with Chapter 119. of the Revised Code to	139647
implement this section.	139648

Section 309.33.40. BEACON QUALITY IMPROVEMENT INITIATIVES

139649

Building on the quality improvement work of the Best Evidence	139650
for Advancing Child Health in Ohio Now (BEACON) Council, the	139651
Departments of Health, Mental Health, and Job and Family Services,	139652
in conjunction with the Governor's Office of Health	139653
Transformation, may seek assistance from, and work with, the	139654
BEACON Council and hospitals and other provider groups to identify	139655
specific targets and initiatives to reduce the cost, and improve	139656
the quality, of medical assistance provided under the Medicaid	139657
program to children. At a minimum, the targets and initiatives	139658
shall focus on reducing all of the following:	139659

(A) Avoidable hospitalizations;

139660

(B) Inappropriate emergency room utilization;

139661

139662

(D) The state's rate of premature births;

139663

(E) The state's rate of elective, preterm births.

139664

If the Departments of Health, Mental Health, and Job and	139665
Family Services identify initiatives under this section, they	139666
shall make the initiatives available on their internet web sites.	139667
The Departments shall also make a list of hospitals and other	139668
provider groups involved in the initiatives available on their	139669
internet web sites.	139670

Section 309.33.50. EXPANSION AND EVALUATION OF PACE PROGRAM

139671

(A) In order to effectively administer and manage growth	139672
within the PACE Program, the Director of Aging, in consultation	139673
with the Director of Job and Family Services, may expand the PACE	139674
Program to regions of the state beyond those currently served by	139675
the PACE Program if all of the following apply:	139676

(1) Funding is available for the expansion.

139677

(2) The Directors of Aging and Job and Family Services	139678
mutually determine, taking into consideration the results of the	139679
evaluation conducted under division (B) of this section, that the	139680
PACE Program is a cost effective alternative to nursing home care.	139681

(3) The United States Centers for Medicare and Medicaid	139682
Services agrees to share with the state any savings to the	139683
Medicare program resulting from an expansion of the PACE Program.	139684

(B) The Director of Aging shall contract with Miami	139685
University's Scripps Gerontology Center for an evaluation of the	139686
PACE program.	139687

(C) If the PACE Program is expanded, the Director of Aging	139688
may not decrease the number of individuals in Cuyahoga and	139689
Hamilton counties and parts of Butler, Clermont, and Warren	139690
counties who are participants in the PACE Program below the number	139691
of individuals in those counties and parts of counties who were	139692
participants in the PACE Program on July 1, 2011.	139693

Section 309.33.60. REPEAL OF THE CHILDREN'S BUY-IN PROGRAM

139694

(A) Notwithstanding sections 5101.5211 to 5101.5216 of the	139695
Revised Code and all references in the Revised Code to those	139696
sections or the Children's Buy-In Program, no person may enroll in	139697
the Program on or after the effective date of this section.	139698

Notwithstanding this act's repeal on October 1, 2011, of the	139699
statutes under which the Program is operated, persons enrolled in	139700
the Program immediately prior to that date may continue to receive	139701
services under the Program, as if those statutes were not	139702
repealed. Such persons may receive the services through December	139703
31, 2011, as long as they remain eligible for the Program.	139704

(B) Commencing on the effective date of this section, the	139705
Director of Job and Family Services shall take steps as necessary	139706
to transition persons enrolled in the Program to other health	139707
coverage options and otherwise conclude Program operations.	139708

All Program-related rules, standards, guidelines, or orders	139709
issued by the Director or Department of Job and Family Services	139710
prior to October 1, 2011, shall remain in full force and effect on	139711
and after that date, but solely for purposes of concluding the	139712
Program's operations. Such purposes include permitting eligible	139713
persons to receive services under the Program through December 31,	139714
2011, as authorized by this section, and fulfilling the	139715
Department's legal obligations for claims arising from the Program	139716
relating to eligibility determinations, covered medical services	139717
rendered to eligible persons, and recovering erroneous	139718
overpayments.	139719

(C) Notwithstanding this act's repeal of the statutes	139720
authorizing the Program, the right of subrogation for the cost of	139721
medical services and care given under section 5101.58 of the	139722
Revised Code to the Department and an assignment of the right to	139723
medical support given under section 5101.59 of the Revised Code to	139724
the Department continue to apply with respect to the Program and	139725
remain in force to the full extent provided under those sections.	139726

(D) The Department may use appropriated funds to satisfy any	139727
claims or contingent claims for services rendered to Program	139728
participants prior to October 1, 2011, and to eligible persons who	139729
receive services under the Program through December 31, 2011, as	139730
authorized by this section. The Department has no liability under	139731
the Program to reimburse any provider or other person for claims	139732
for services rendered on or after January 1, 2012.	139733

(E) The Department may adopt rules in accordance with section	139734
111.15 of the Revised Code to implement this section.	139735

Section 309.33.70. CONTINUATION OF DISPENSING FEE FOR	139736
NONCOMPOUNDED DRUGS	139737

The Medicaid dispensing fee for each noncompounded drug	139738
covered by the Medicaid program shall be $1.80 for the period	139739
beginning July 1, 2011, and ending on the effective date of a	139740
rule, or an amendment to a rule, changing the amount of the fee	139741
that the Director of Job and Family Services adopts or amends	139742
under section 5111.02 of the Revised Code.	139743

Section 309.33.80. MONEY FOLLOWS THE PERSON ENHANCED	139744
REIMBURSEMENT FUND	139745

The Money Follows the Person Enhanced Reimbursement Fund,	139746
created by Section 751.20 of Am. Sub. H.B. 562 of the 127th	139747
General Assembly, shall continue to exist in the state treasury	139748
for fiscal year 2012 and fiscal year 2013. The federal payments	139749
made to the state under subsection (e) of section 6071 of the	139750
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,	139751
shall be deposited into the fund. The Department of Job and Family	139752
Services shall continue to use money deposited into the fund for	139753
system reform activities related to the Money Follows the Person	139754
demonstration project.	139755

Section 309.33.90. MEDICARE PART D

139756

The foregoing appropriation item 600526, Medicare Part D, may	139757
be used by the Department of Job and Family Services for the	139758
implementation and operation of the Medicare Part D requirements	139759
contained in the "Medicare Prescription Drug, Improvement, and	139760
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	139761
the request of the Department of Job and Family Services, the	139762
Director of Budget and Management may transfer the state share of	139763
appropriations between appropriation item 600525, Health	139764
Care/Medicaid, or appropriation item 600526, Medicare Part D. If	139765
the state share of appropriation item 600525, Health	139766
Care/Medicaid, is adjusted, the Director of Budget and Management	139767
shall adjust the federal share accordingly. The Department of Job	139768
and Family Services shall provide notification to the Controlling	139769
Board of any transfers at the next scheduled Controlling Board	139770
meeting.	139771

Section 309.35.10. REBALANCING LONG-TERM CARE

139772

(A) As used in this section:

139773

"Balancing Incentive Payments Program" means the program	139774
established under section 10202 of the Patient Protection and	139775
Affordable Care Act.	139776

"Long-term services and supports" has the same meaning as in	139777
section 10202(f)(1) of the Patient Protection and Affordable Care	139778
Act.	139779

"Non-institutionally-based long-term services and supports"	139780
has the same meaning as in section 10202(f)(1)(B) of the Patient	139781
Protection and Affordable Care Act.	139782

"Patient Protection and Affordable Care Act" means Public Law	139783
111-148.	139784

(B) The Departments of Job and Family Services, Aging, and	139785
Developmental Disabilities shall continue efforts to achieve a	139786
sustainable and balanced delivery system for long-term services	139787
and supports. In so doing, the Departments shall strive to realize	139788
the following goals by June 30, 2013:	139789

(1) Having at least fifty per cent of Medicaid recipients who	139790
are sixty years of age or older and need long-term services and	139791
supports utilize non-institutionally-based long-term services and	139792
supports;	139793

(2) Having at least sixty per cent of Medicaid recipients who	139794
are less than sixty years of age and have cognitive or physical	139795
disabilities for which long-term services and supports are needed	139796
utilize non-institutionally-based long-term services and supports.	139797

(C) If the Department of Job and Family Services determines	139798
that participating in the Balancing Incentive Payments Program	139799
will assist in achieving the goals specified in division (B) of	139800
this section, the Department may apply to the United States	139801
Secretary of Health and Human Services to participate in the	139802
program. Any funds the state receives as the result of the	139803
enhanced federal financial participation provided to states	139804
participating in the Balancing Incentive Payments Program shall be	139805
deposited into the Balancing Incentive Payments Program Fund,	139806
which is hereby created in the state treasury. The Department of	139807
Job and Family Services shall use the money in the fund in	139808
accordance with section 10202(c)(4) of the Patient Protection and	139809
Affordable Care Act.	139810

Section 309.35.20. BALANCING INCENTIVE PAYMENTS PROGRAM FUND

139811

The Director of Job and Family Services may seek Controlling	139812
Board approval to make expenditures from the Balancing Incentive	139813
Payments Program Fund.	139814

Section 309.35.30. DUAL ELIGIBLE INTEGRATED CARE	139815
DEMONSTRATION PROJECT	139816

The Director of Job and Family Services may seek Controlling	139817
Board approval to make expenditures from the Integrated Care	139818
Delivery Systems Fund.	139819

Section 390.35.33. RESIDENTIAL STATE SUPPLEMENT PROGRAM

139820

On July 1 of each fiscal year, or as soon as possible	139821
thereafter, the Director of Budget and Management shall transfer	139822
$2.8 million cash from the General Revenue Fund to the Nursing	139823
Home Franchise Permit Fee Fund (Fund 5R20) to be used for the	139824
Residential State Supplement program. The transferred cash is	139825
hereby appropriated.	139826

Section 309.35.40. OHIO ACCESS SUCCESS PROJECT AND	139827
IDENTIFICATION OF OVERPAYMENTS	139828

(A) Notwithstanding any limitations in sections 3721.51 and	139829
3721.56 of the Revised Code, in each fiscal year, cash from the	139830
Nursing Home Franchise Permit Fee Fund (Fund 5R20) may be used by	139831
the Department of Job and Family Services for the following	139832
purposes:	139833

(1) Up to $3,000,000 in each fiscal year to fund the state	139834
share of audits or limited reviews of Medicaid providers;	139835

(2) Up to $450,000 in each fiscal year to provide one-time	139836
transitional benefits under the Ohio Access Success Project that	139837
the Director of Job and Family Services may establish under	139838
section 5111.97 of the Revised Code.	139839

(B) On July 1, 2011, or as soon as possible thereafter, the	139840
Director of Budget and Management shall transfer the cash balance	139841
in the Home and Community-Based Services for the Aged Fund (Fund	139842
4J50) to the Nursing Home Franchise Permit Fee Fund (Fund 5R20).	139843
The transferred cash is hereby appropriated. Upon completion of	139844
the transfer, Fund 4J50 is abolished. The Director shall cancel	139845
any existing encumbrances against appropriation item 600613,	139846
Nursing Facility Bed Assessments, and appropriation item 600618,	139847
Residential State Supplement Payments, and reestablish them	139848
against appropriation item 600608, Medicaid - Nursing Facilities.	139849

Section 309.35.50. PROVIDER FRANCHISE FEE OFFSETS

139850

(A) At least quarterly, the Director of Job and Family	139851
Services shall certify to the Director of Budget and Management	139852
both of the following:	139853

(1) The amount of offsets withheld under section 3721.541 of	139854
the Revised Code from payments made from the General Revenue Fund.	139855

(2) The amount of offsets withheld under section 5112.341 of	139856
the Revised Code from payments made from the General Revenue Fund.	139857

(B) The Director of Budget and Management may transfer cash	139858
from the General Revenue Fund to all of the following:	139859

(1) The Nursing Home Franchise Permit Fee Fund (Fund 5R20),	139860
in accordance with section 3721.56 of the Revised Code;	139861

(2) The ICF/MR Bed Assessments Fund (Fund 4K10).

139862

(C) Amounts transferred pursuant to this section are hereby	139863
appropriated.	139864

Section 309.35.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF	139865
DEVELOPMENTAL DISABILITIES	139866

The Department of Job and Family Services may transfer cash	139867
in each fiscal year from the ICF/MR Bed Assessments Fund (Fund	139868
4K10) to the Home and Community-Based Services Fund (Fund 4K80),	139869
used by the Department of Developmental Disabilities. The amount	139870
to be transferred shall be agreed to by both departments. The	139871
transfer may occur on a quarterly basis or on a schedule developed	139872
and agreed to by both departments. The transfer may be made using	139873
an intrastate transfer voucher.	139874

Section 309.35.70. HOSPITAL CARE ASSURANCE MATCH

139875

The foregoing appropriation item 600650, Hospital Care	139876
Assurance Match, shall be used by the Department of Job and Family	139877
Services solely for distributing funds to hospitals under section	139878
5112.08 of the Revised Code.	139879

Section 309.35.73. HEALTHCARE COMPLIANCE APPROPRIATION

139880

Notwithstanding the provisions of section 5111.171 of the	139881
Revised Code specifying the uses of the HealthCare Compliance	139882
Fund, appropriations in appropriation item 600625, HealthCare	139883
Compliance, may be used for expenses incurred in implementation or	139884
operation of Health Home programs and for the creation,	139885
modification, or replacement of any federally funded Medicaid	139886
healthcare systems in fiscal year 2012 and fiscal year 2013.	139887

Section 309.35.80. HEALTH CARE SERVICES ADMINISTRATION FUND

139888

Of the amount received by the Department of Job and Family	139889
Services during fiscal year 2012 and fiscal year 2013 from the	139890
first installment of assessments paid under section 5112.06 of the	139891
Revised Code and intergovernmental transfers made under section	139892
5112.07 of the Revised Code, the Director of Job and Family	139893
Services shall deposit $350,000 in each fiscal year into the state	139894
treasury to the credit of the Health Care Services Administration	139895
Fund (Fund 5U30).	139896

Section 309.35.90. TRANSFERS OF OFFSETS TO THE HEALTH CARE	139897
SERVICES ADMINISTRATION FUND	139898

(A) As used in this section:

139899

"Hospital offset" means an offset from a hospital's Medicaid	139900
payment authorized by section 5112.991 of the Revised Code.	139901

"Vendor offset" means a reduction of a Medicaid payment to a	139902
Medicaid provider to correct a previous, incorrect Medicaid	139903
payment.	139904

(B) At least quarterly during fiscal year 2012 and fiscal	139905
year 2013, the Director of Job and Family Services shall certify	139906
to the Director of Budget and Management the amount of hospital	139907
offsets and vendor offsets for the period covered by the	139908
certification and the particular funds that would have been used	139909
to make the extra payments to providers if not for the offsets.	139910
The certification shall specify how much extra would have been	139911
taken from each of the funds if not for the hospital offsets and	139912
vendor offsets.	139913

(C) On receipt of a certification under division (B) of this	139914
section, the Director of Budget and Management shall transfer cash	139915
from the funds identified in the certification to the Health Care	139916
Services Administration Fund (Fund 5U30). The amount transferred	139917
from a fund shall equal the amount that would have been taken from	139918
the fund if not for the hospital offsets and vendor offsets as	139919
specified in the certification. The transferred cash is hereby	139920
appropriated.	139921

Section 309.37.10. PROVIDER APPLICATION FEES

139922

If receipts credited to the Health Care Services	139923
Administration Fund (Fund 5U30) exceed the amounts appropriated	139924
from the fund, the Director of Job and Family Services may seek	139925
Controlling Board approval to increase the appropriations in	139926
appropriation item 600654, Health Care Services Administration.	139927

Section 309.37.20. INTERAGENCY REIMBURSEMENT

139928

The Director of Job and Family Services may request the	139929
Director of Budget and Management to increase appropriation item	139930
600655, Interagency Reimbursement. Upon the approval of the	139931
Director of Budget and Management, the additional amounts are	139932
hereby appropriated.	139933

Section 309.37.30. MEDICAID PROGRAM SUPPORT FUND - STATE

139934

The foregoing appropriation item 600671, Medicaid Program	139935
Support, shall be used by the Department of Job and Family	139936
Services to pay for Medicaid services and contracts. The	139937
Department may also deposit to the Medicaid Program Support Fund	139938
(Fund 5C90) revenues received from other state agencies for	139939
Medicaid services under the terms of interagency agreements	139940
between the Department and other state agencies.	139941

Section 309.37.40. TRANSFERS OF IMD/DSH CASH TO THE	139942
DEPARTMENT OF MENTAL HEALTH	139943

The Department of Job and Family Services shall transfer cash	139944
from the Medicaid Program Support Fund (Fund 5C90), to the	139945
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the	139946
Department of Mental Health, in accordance with an interagency	139947
agreement that delegates authority from the Department of Job and	139948
Family Services to the Department of Mental Health to administer	139949
specified Medicaid services. The transfer shall be made using an	139950
intrastate transfer voucher.	139951

Section 309.37.50. PRESCRIPTION DRUG COVERAGE UNDER MEDICAID	139952
MANAGED CARE	139953

(A) Not later than October 1, 2011, the Department of Job and	139954
Family Services shall enter into new contracts or amend existing	139955
contracts with health insuring corporations, pursuant to section	139956
5111.17 of the Revised Code, as the Department considers necessary	139957
to require, in accordance with section 5111.172 of the Revised	139958
Code, as amended by this act, that each health insuring	139959
corporation participating in the Medicaid care management system	139960
include coverage of prescription drugs for the Medicaid recipients	139961
who are enrolled in the health insuring corporation.	139962

(B) For a period of one hundred twenty days immediately	139963
following the effective date of the inclusion of prescription drug	139964
coverage under a new or amended contract with a health insuring	139965
corporation pursuant to division (A) of this section, both of the	139966
following apply:	139967

(1) If, immediately prior to the effective date of the	139968
coverage, a Medicaid recipient enrolled in the health insuring	139969
corporation was being treated with an antidepressant or	139970
antipsychotic described in division (B)(2) of section 5111.172 of	139971
the Revised Code, as amended by this act, the health insuring	139972
corporation shall provide coverage of the drug without imposing a	139973
prior authorization requirement.	139974

(2) Notwithstanding division (B)(3) of section 5111.172 of	139975
the Revised Code, as amended by this act, the health insuring	139976
corporation shall permit the health professional who was	139977
prescribing the drug to continue prescribing the drug for the	139978
Medicaid recipient, regardless of whether the prescriber is a	139979
psychiatrist as described in division (B)(3)(a) or (b) of that	139980
section.	139981

Section 309.40. FAMILY STABILITY

139982

Section 309.40.10. FOOD STAMPS TRANSFER

139983

On July 1, 2011, or as soon as possible thereafter, the	139984
Director of Budget and Management may transfer up to $1,000,000	139985
cash from the Food Stamp Program Fund (Fund 3840), to the Food	139986
Assistance Fund (Fund 5ES0).	139987

Section 309.40.20. NAME OF FOOD STAMP PROGRAM

139988

The Director of Job and Family Services is not required to	139989
amend rules regarding the Food Stamp Program to change the name of	139990
the program to the Supplemental Nutrition Assistance Program. The	139991
Director may refer to the program as the Food Stamp Program or the	139992
Food Assistance Program in rules and documents of the Department	139993
of Job and Family Services.	139994

Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD	139995
BANKS	139996

The foregoing appropriation item 600540, Second Harvest Food	139997
Banks, shall be used to provide funds to the Ohio Association of	139998
Second Harvest Food Banks to purchase and distribute food	139999
products.	140000

Notwithstanding section 5101.46 of the Revised Code and any	140001
other provision in this bill, in addition to funds designated for	140002
the Ohio Association of Second Harvest Food Banks in this section,	140003
in fiscal year 2012 and fiscal year 2013, the Director of Job and	140004
Family Services shall provide assistance from eligible funds to	140005
the Ohio Association of Second Harvest Food Banks in an amount up	140006
to or equal to the assistance provided in state fiscal year 2011	140007
from all funds used by the Department, except the General Revenue	140008
Fund.	140009

Eligible nonfederal expenditures made by member food banks of	140010
the Association shall be counted by the Department of Job and	140011
Family Services toward the TANF maintenance of effort requirements	140012
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services	140013
shall enter into an agreement with the Ohio Association of Second	140014
Harvest Food Banks, in accordance with sections 5101.80 and	140015
5101.801 of the Revised Code, to carry out the requirements under	140016
this section.	140017

Section 309.40.40. PUBLIC ASSISTANCE ACTIVITIES/TANF MOE

140018

The foregoing appropriation item 600658, Public Assistance	140019
Activities, shall be used by the Department of Job and Family	140020
Services to meet the TANF maintenance of effort requirements of 42	140021
U.S.C. 609(a)(7). When the state is assured that it will meet the	140022
maintenance of effort requirement, the Department of Job and	140023
Family Services may use funds from appropriation item 600658,	140024
Public Assistance Activities, to support public assistance	140025
activities.	140026

Section 309.40.50. INDEPENDENT LIVING INITIATIVE

140027

Of the foregoing appropriation item 600689, TANF Block Grant,	140028
up to $2,000,000 in each fiscal year shall be used, in accordance	140029
with sections 5101.80 and 5101.801 of the Revised Code, to support	140030
the Independent Living Initiative, including life skills training	140031
and work supports for older children in foster care and those who	140032
have recently aged out of foster care.	140033

Section 309.40.60. KINSHIP PERMANENCY INCENTIVE PROGRAM

140034

Of the foregoing appropriation item 600689, TANF Block Grant,	140035
$1,200,000 in each fiscal year shall be used to support the	140036
activities of the Kinship Permanency Incentive Program established	140037
in section 5101.802 of the Revised Code.	140038

Section 309.40.70. SWIPE CARD PILOT PROGRAM

140039

During fiscal year 2012 and fiscal year 2013, if the	140040
Department of Job and Family Services implements a program that	140041
utilizes a swipe card system and point of service device to verify	140042
enrollment and attendance and for payment for publicly funded	140043
child care, both of the following apply:	140044

(A) If a child care provider participating in the program	140045
engages in fraud with respect to reporting a child's enrollment or	140046
attendance, the fraud constitutes a reason for which the	140047
provider's license or certification must be revoked.	140048

(B) If a caretaker parent participating in the program	140049
engages in fraud with respect to reporting a child's enrollment or	140050
attendance, the caretaker parent shall lose eligibility for	140051
publicly funded child care.	140052

Section 309.50. CHILD WELFARE

140053

Section 309.50.10. DIFFERENTIAL RESPONSE

140054

In accordance with an independent evaluation of the Ohio	140055
Alternative Response Pilot Program that recommended statewide	140056
implementation, the Department of Job and Family Services shall	140057
plan the statewide expansion of the Ohio Alternative Response	140058
Pilot Program on a county by county basis, through a schedule	140059
determined by the Department. The program shall be known as the	140060
"differential response" approach as defined in section 2151.011 of	140061
the Revised Code. Notwithstanding provisions of Chapter 2151. of	140062
the Revised Code that refer to "differential response,"	140063
"traditional response," and "alternative response," those	140064
provisions shall become effective on the scheduled date of	140065
expansion of the differential response approach to that county.	140066
Prior to statewide implementation, the Department may adopt rules	140067
in accordance with Chapter 119. of the Revised Code as necessary	140068
to carry out the purposes of this section.	140069

Section 309.50.20. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN

140070

In collaboration with the county family and children first	140071
council, a county department of job and family services or public	140072
children services agency that receives an allocation from the	140073
Department of Job and Family Services from the foregoing	140074
appropriation item 600523, Children and Families Services, or	140075
600533, Child, Family, and Adult Community & Protective Services,	140076
may transfer a portion of either or both allocations to a flexible	140077
funding pool as authorized by the section titled FAMILY AND	140078
CHILDREN FIRST FLEXIBLE FUNDING POOL.	140079

Section 309.50.30. CHILD, FAMILY, AND ADULT COMMUNITY AND	140080
PROTECTIVE SERVICES	140081

(A) The foregoing appropriation item 600533, Child, Family,	140082
and Adult Community & Protective Services, shall be distributed to	140083
each county department of job and family services using the	140084
formula the Department of Job and Family Services uses when	140085
distributing Title XX funds to county departments of job and	140086
family services under section 5101.46 of the Revised Code. County	140087
departments shall use the funds distributed to them under this	140088
section as follows, in accordance with the written plan of	140089
cooperation entered into under section 307.983 of the Revised	140090
Code:	140091

(1) To assist individuals achieve or maintain	140092
self-sufficiency, including by reducing or preventing dependency	140093
among individuals with family income not exceeding two hundred per	140094
cent of the federal poverty guidelines;	140095

(2) Subject to division (B) of this section, to respond to	140096
reports of abuse, neglect, or exploitation of children and adults,	140097
including through the differential response approach program	140098
developed under Section 309.50.10 of this act;	140099

(3) To provide outreach and referral services regarding home	140100
and community-based services to individuals at risk of placement	140101
in a group home or institution, regardless of the individuals'	140102
family income and without need for a written application;	140103

(4) To provide outreach, referral, application assistance,	140104
and other services to assist individuals receive assistance,	140105
benefits, or services under Medicaid; Title IV-A programs, as	140106
defined in section 5101.80 of the Revised Code; the Supplemental	140107
Nutrition Assistance Program; and other public assistance	140108
programs.	140109

(B) Protective services may be provided to a child or adult	140110
as part of a response, under division (A)(2) of this section, to a	140111
report of abuse, neglect, or exploitation without regard to a	140112
child or adult's family income and without need for a written	140113
application. The protective services may be provided if the case	140114
record documents circumstances of actual or potential abuse,	140115
neglect, or exploitation.	140116

Section 309.50.33. CHILDREN AND FAMILY SERVICES ACTIVITIES

140117

The foregoing appropriation item 600609, Children and Family	140118
Services Activities, shall be used to expend miscellaneous	140119
foundation funds and grants to support children and family	140120
services activities.	140121

Section 309.50.40. ADOPTION ASSISTANCE LOAN

140122

Of the foregoing appropriation item 600634, Adoption	140123
Assistance Loan, the Department of Job and Family Services may use	140124
up to ten per cent for administration of adoption assistance loans	140125
pursuant to section 3107.018 of the Revised Code.	140126

Section 309.60. UNEMPLOYMENT COMPENSATION

140127

Section 309.60.10. FEDERAL UNEMPLOYMENT PROGRAMS

140128

All unexpended funds remaining at the end of fiscal year 2011	140129
that were appropriated and made available to the state under	140130
section 903(d) of the Social Security Act, as amended, in the	140131
foregoing appropriation item 600678, Federal Unemployment Programs	140132
(Fund 3V40), are hereby appropriated to the Department of Job and	140133
Family Services. Upon the request of the Director of Job and	140134
Family Services, the Director of Budget and Management may	140135
increase the appropriation for fiscal year 2012 by the amount	140136
remaining unspent from the fiscal year 2011 appropriation and may	140137
increase the appropriation for fiscal year 2013 by the amount	140138
remaining unspent from the fiscal year 2012 appropriation. The	140139
appropriation shall be used under the direction of the Department	140140
of Job and Family Services to pay for administrative activities	140141
for the Unemployment Insurance Program, employment services, and	140142
other allowable expenditures under section 903(d) of the Social	140143
Security Act, as amended.	140144

The amounts obligated pursuant to this section shall not	140145
exceed at any time the amount by which the aggregate of the	140146
amounts transferred to the account of the state under section	140147
903(d) of the Social Security Act, as amended, exceeds the	140148
aggregate of the amounts obligated for administration and paid out	140149
for benefits and required by law to be charged against the amounts	140150
transferred to the account of the state.	140151

Section 311.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

140152

General Revenue Fund	140153

GRF	029321	Operating Expenses	$	435,168	$	435,168	140154
TOTAL GRF General Revenue Fund			$	435,168	$	435,168	140155
TOTAL ALL BUDGET FUND GROUPS			$	435,168	$	435,168	140156

OPERATING GUIDANCE

140157

The Chief Administrative Officer of the House of	140158
Representatives and the Clerk of the Senate shall determine, by	140159
mutual agreement, which of them shall act as fiscal agent for the	140160
Joint Committee on Agency Rule Review. Members of the Committee	140161
shall be paid in accordance with section 101.35 of the Revised	140162
Code.	140163

OPERATING EXPENSES

140164

On July 1, 2011, or as soon as possible thereafter, the	140165
Executive Director of the Joint Committee on Agency Rule Review	140166
may certify to the Director of Budget and Management the amount of	140167
the unexpended, unencumbered balance of the foregoing	140168
appropriation item 029321, Operating Expenses, at the end of	140169
fiscal year 2011 to be reappropriated to fiscal year 2012. The	140170
amount certified is hereby reappropriated to the same	140171
appropriation item for fiscal year 2012.	140172

On July 1, 2012, or as soon as possible thereafter, the	140173
Executive Director of the Joint Committee on Agency Rule Review	140174
may certify to the Director of Budget and Management the amount of	140175
the unexpended, unencumbered balance of the foregoing	140176
appropriation item 029321, Operating Expenses, at the end of	140177
fiscal year 2012 to be reappropriated to fiscal year 2013. The	140178
amount certified is hereby reappropriated to the same	140179
appropriation item for fiscal year 2013.	140180

Section 313.10. JCO JUDICIAL CONFERENCE OF OHIO

140181

General Revenue Fund	140182

GRF	018321		Operating Expenses		$	720,000		$	720,000		140183
TOTAL GRF General Revenue Fund					$	720,000		$	720,000		140184

General Services Fund Group	140185

4030	018601	Ohio Jury Instructions	$	350,000	$	350,000	140186
TOTAL GSF General Services Fund Group			$	350,000	$	350,000	140187
TOTAL ALL BUDGET FUND GROUPS			$	1,070,000	$	1,070,000	140188

OHIO JURY INSTRUCTIONS FUND

140189

The Ohio Jury Instructions Fund (Fund 4030) shall consist of	140190
grants, royalties, dues, conference fees, bequests, devises, and	140191
other gifts received for the purpose of supporting costs incurred	140192
by the Judicial Conference of Ohio in its activities as a part of	140193
the judicial system of the state as determined by the Judicial	140194
Conference Executive Committee. Fund 4030 shall be used by the	140195
Judicial Conference of Ohio to pay expenses incurred in its	140196
activities as a part of the judicial system of the state as	140197
determined by the Judicial Conference Executive Committee. All	140198
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year	140199
2012 and in excess of $350,000 in fiscal year 2013 are hereby	140200
appropriated for the purposes authorized.	140201

No money in Fund 4030 shall be transferred to any other fund	140202
by the Director of Budget and Management or the Controlling Board.	140203

Section 315.10. JSC THE JUDICIARY/SUPREME COURT

140204

General Revenue Fund	140205

GRF	005321	Operating Expenses - Judiciary/Supreme Court	$	133,704,620	$	132,565,410	140206
GRF	005406	Law Related Education	$	236,172	$	236,172	140207
GRF	005409	Ohio Courts Technology Initiative	$	2,150,000	$	2,150,000	140208
TOTAL GRF General Revenue Fund			$	136,090,792	$	134,951,582	140209

General Services Fund Group	140210

6720	005601		Continuing Judicial Education		$	172,142		$	169,420		140211
TOTAL GSF General Services Fund Group					$	172,142		$	169,420		140212

Federal Special Revenue Fund Group	140213

3J00	005603		Federal Grants		$	1,653,317		$	1,605,717		140214
TOTAL FED Federal Special Revenue Fund Group					$	1,653,317		$	1,605,717		140215

State Special Revenue Fund Group	140216

4C80	005605	Attorney Services	$	3,718,328	$	3,695,192	140217
5HT0	005617	Court Interpreter Certification	$	39,000	$	39,000	140218
5T80	005609	Grants and Awards	$	50,000	$	50,000	140219
6A80	005606	Supreme Court Admissions	$	1,223,340	$	1,205,056	140220
TOTAL SSR State Special Revenue Fund Group			$	5,030,668	$	4,989,248	140221
TOTAL ALL BUDGET FUND GROUPS			$	142,946,919	$	141,715,967	140222

LAW-RELATED EDUCATION

140223

The foregoing appropriation item 005406, Law-Related	140224
Education, shall be distributed directly to the Ohio Center for	140225
Law-Related Education for the purposes of providing continuing	140226
citizenship education activities to primary and secondary	140227
students, expanding delinquency prevention programs, increasing	140228
activities for at-risk youth, and accessing additional public and	140229
private money for new programs.	140230

OHIO COURTS TECHNOLOGY INITIATIVE

140231

The foregoing appropriation item 005409, Ohio Courts	140232
Technology Initiative, shall be used to fund an initiative by the	140233
Supreme Court to facilitate the exchange of information and	140234
warehousing of data by and between Ohio courts and other justice	140235
system partners through the creation of an Ohio Courts Network,	140236
the delivery of technology services to courts throughout the	140237
state, including the provision of hardware, software, and the	140238
development and implementation of educational and training	140239
programs for judges and court personnel, and operation of the	140240
Commission on Technology and the Courts by the Supreme Court for	140241
the promulgation of statewide rules, policies, and uniform	140242
standards, and to aid in the orderly adoption and comprehensive	140243
use of technology in Ohio courts.	140244

CONTINUING JUDICIAL EDUCATION

140245

The Continuing Judicial Education Fund (Fund 6720) shall	140246
consist of fees paid by judges and court personnel for attending	140247
continuing education courses and other gifts and grants received	140248
for the purpose of continuing judicial education. The foregoing	140249
appropriation item 005601, Continuing Judicial Education, shall be	140250
used to pay expenses for continuing education courses for judges	140251
and court personnel. If it is determined by the Administrative	140252
Director of the Supreme Court that additional appropriations are	140253
necessary, the amounts are hereby appropriated.	140254

No money in Fund 6720 shall be transferred to any other fund	140255
by the Director of Budget and Management or the Controlling Board.	140256
Interest earned on money in Fund 6720 shall be credited to the	140257
fund.	140258

FEDERAL GRANTS

140259

The Federal Grants Fund (Fund 3J00) shall consist of grants	140260
and other moneys awarded to the Supreme Court (The Judiciary) by	140261
the United States Government or other entities that receive the	140262
moneys directly from the United States Government and distribute	140263
those moneys to the Supreme Court (The Judiciary). The foregoing	140264
appropriation item 005603, Federal Grants, shall be used in a	140265
manner consistent with the purpose of the grant or award. If it is	140266
determined by the Administrative Director of the Supreme Court	140267
that additional appropriations are necessary, the amounts are	140268
hereby appropriated.	140269

No money in Fund 3J00 shall be transferred to any other fund	140270
by the Director of Budget and Management or the Controlling Board.	140271
However, interest earned on money in Fund 3J00 shall be credited	140272
or transferred to the General Revenue Fund.	140273

ATTORNEY SERVICES

140274

The Attorney Services Fund (Fund 4C80), formerly known as the	140275
Attorney Registration Fund, shall consist of money received by the	140276
Supreme Court (The Judiciary) pursuant to the Rules for the	140277
Government of the Bar of Ohio. In addition to funding other	140278
activities considered appropriate by the Supreme Court, the	140279
foregoing appropriation item 005605, Attorney Services, may be	140280
used to compensate employees and to fund appropriate activities of	140281
the following offices established by the Supreme Court: the Office	140282
of Disciplinary Counsel, the Board of Commissioners on Grievances	140283
and Discipline, the Clients' Security Fund, and the Attorney	140284
Services Division. If it is determined by the Administrative	140285
Director of the Supreme Court that additional appropriations are	140286
necessary, the amounts are hereby appropriated.	140287

No money in Fund 4C80 shall be transferred to any other fund	140288
by the Director of Budget and Management or the Controlling Board.	140289
Interest earned on money in Fund 4C80 shall be credited to the	140290
fund.	140291

COURT INTERPRETER CERTIFICATION

140292

The Court Interpreter Certification Fund (Fund 5HT0) shall	140293
consist of money received by the Supreme Court (The Judiciary)	140294
pursuant to Rules 80 through 87 of the Rules of Superintendence	140295
for the Courts of Ohio. The foregoing appropriation item 005617,	140296
Court Interpreter Certification, shall be used to provide	140297
training, to provide the written examination, and to pay language	140298
experts to rate, or grade, the oral examinations of those applying	140299
to become certified court interpreters. If it is determined by the	140300
Administrative Director that additional appropriations are	140301
necessary, the amounts are hereby appropriated.	140302

No money in Fund 5HT0 shall be transferred to any other fund	140303
by the Director of Budget and Management or the Controlling Board.	140304
Interest earned on money in Fund 5HT0 shall be credited to the	140305
fund.	140306

GRANTS AND AWARDS

140307

The Grants and Awards Fund (Fund 5T80) shall consist of	140308
grants and other money awarded to the Supreme Court (The	140309
Judiciary) by the State Justice Institute, the Division of	140310
Criminal Justice Services, or other entities. The foregoing	140311
appropriation item 005609, Grants and Awards, shall be used in a	140312
manner consistent with the purpose of the grant or award. If it is	140313
determined by the Administrative Director of the Supreme Court	140314
that additional appropriations are necessary, the amounts are	140315
hereby appropriated.	140316

No money in Fund 5T80 shall be transferred to any other fund	140317
by the Director of Budget and Management or the Controlling Board.	140318
However, interest earned on money in Fund 5T80 shall be credited	140319
or transferred to the General Revenue Fund.	140320

SUPREME COURT ADMISSIONS

140321

The foregoing appropriation item 005606, Supreme Court	140322
Admissions, shall be used to compensate Supreme Court employees	140323
who are primarily responsible for administering the attorney	140324
admissions program under the Rules for the Government of the Bar	140325
of Ohio, and to fund any other activities considered appropriate	140326
by the court. Moneys shall be deposited into the Supreme Court	140327
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the	140328
Government of the Bar of Ohio. If it is determined by the	140329
Administrative Director of the Supreme Court that additional	140330
appropriations are necessary, the amounts are hereby appropriated.	140331

No money in Fund 6A80 shall be transferred to any other fund	140332
by the Director of Budget and Management or the Controlling Board.	140333
Interest earned on money in Fund 6A80 shall be credited to the	140334
fund.	140335

Section 317.10. LEC LAKE ERIE COMMISSION

140336

Federal Special Revenue Fund Group	140337

3EP0	780603		Lake Erie Federal Grants		$	95,750		$	95,750		140338
TOTAL FED Federal Special Revenue Fund Group					$	95,750		$	95,750		140339

State Special Revenue Fund Group	140340

4C00	780601	Lake Erie Protection Fund	$	400,000	$	400,000	140341
5D80	780602	Lake Erie Resources Fund	$	261,783	$	250,143	140342
TOTAL SSR State Special Revenue							140343
Fund Group			$	661,783	$	650,143	140344
TOTAL ALL BUDGET FUND GROUPS			$	757,533	$	745,893	140345

Section 319.10. LRS LEGAL RIGHTS SERVICE

140347

General Revenue Fund	140348

GRF	054321	Support Services	$	97,255	$	24,314	140349
GRF	054401	Ombudsman	$	142,003	$	35,750	140350
TOTAL GRF General Revenue Fund			$	239,258	$	60,064	140351

General Services Fund Group	140352

5M00	054610	Settlements	$	181,352	$	32,839	140353
TOTAL GSF General Services							140354
Fund Group			$	181,352	$	32,839	140355

Federal Special Revenue Fund Group	140356

3050	054602	Protection and Advocacy - Developmentally Disabled	$	1,662,991	$	415,748	140357
3AG0	054613	Protection and Advocacy - Voter Accessibility	$	135,000	$	33,752	140358
3B80	054603	Protection and Advocacy - Mentally Ill	$	1,152,677	$	288,170	140359
3CA0	054615	Work Incentives Planning and Assistance	$	355,000	$	88,752	140360
3N30	054606	Protection and Advocacy - Individual Rights	$	591,112	$	147,779	140361
3N90	054607	Assistive Technology	$	135,000	$	33,751	140362
3R90	054616	Developmental Disability Publications	$	130,000	$	32,500	140363
3T20	054609	Client Assistance Program	$	435,000	$	108,752	140364
3X10	054611	Protection and Advocacy - Beneficiaries of Social Security	$	235,000	$	58,752	140365
3Z60	054612	Protection and Advocacy - Traumatic Brain Injury	$	151,624	$	37,907	140366
TOTAL FED Federal Special Revenue							140367
Fund Group			$	4,983,404	$	1,245,863	140368

State Special Revenue Fund Group	140369

5AE0	054614	Grants and Contracts	$	74,600	$	18,652	140370
TOTAL SSR State Special Revenue Fund Group			$	74,600	$	18,652	140371
TOTAL ALL BUDGET FUND GROUPS			$	5,478,614	$	1,357,418	140372

Section 319.20. CONVERSION OF LEGAL RIGHTS SERVICE TO A	140374
NONPROFIT ENTITY	140375

(A) Not later than December 31, 2011, the administrator of	140376
the Legal Rights Service, in consultation with the Legal Rights	140377
Service Commission, shall establish a nonprofit entity to provide	140378
advocacy services and a client assistance program for people with	140379
disabilities. The Legal Rights Service may subcontract with the	140380
nonprofit entity to perform any functions that the Legal Rights	140381
Service is permitted or required to perform.	140382

(B)(1) Not later than September 30, 2012, and subject to	140383
division (B)(2) of this section, the Governor shall designate the	140384
nonprofit entity established under division (A) of this section to	140385
serve as the state's protection and advocacy system, as provided	140386
under 42 U.S.C. 15001, and as the state's client assistance	140387
program, as provided under 29 U.S.C. 732. On October 1, 2012,	140388
pursuant to section 5123.60 of the Revised Code, as enacted by	140389
this act, the nonprofit entity is the Ohio Protection and Advocacy	140390
System.	140391

(2) The Governor shall make the designation only if the	140392
nonprofit entity complies with all federal law regarding a	140393
protection and advocacy system and client assistance program.	140394

(C) Effective October 1, 2012, the Legal Rights Service, the	140395
Legal Rights Service Commission, and the Ombudsperson Section of	140396
the Legal Rights Service are abolished.	140397

Any aspect of the function of the Legal Rights Service, Legal	140398
Rights Service Commission, and the Ombudsperson Section of the	140399
Legal Rights Service commenced, but not completed on October 1,	140400
2012 shall be completed by the nonprofit entity in the same	140401
manner, and with the same effect, as if completed by the Legal	140402
Rights Service, Legal Rights Service Commission, and the	140403
Ombudsperson Section of the Legal Rights Service as they existed	140404
immediately prior to October 1, 2012. No validation, cure, right,	140405
privilege, remedy, obligation, or liability pertaining to the	140406
Legal Rights Service, Legal Rights Service Commission, and the	140407
Ombudsperson Section of the Legal Rights Service is lost or	140408
impaired by reason of the abolishment of the Legal Rights Service,	140409
Legal Rights Service Commission, and the Ombudsperson Section of	140410
the Legal Rights Service. Each such validation, cure, right,	140411
privilege, remedy, obligation, or liability shall be administered	140412
by the nonprofit entity established under division (A) of this	140413
section.	140414

Any action or proceeding that is related to the functions or	140415
duties of the Legal Rights Service, Legal Rights Service	140416
Commission, and the Ombudsperson Section of the Legal Rights	140417
Service pending on September 30, 2012, is not affected by the	140418
abolishment of the Legal Rights Service, the Legal Rights Service	140419
Commission, and the Ombudsperson Section of the Legal Rights	140420
Service and shall be prosecuted or defended in the name of the	140421
nonprofit entity. In all such actions and proceedings the	140422
nonprofit entity, on application to the court, shall be	140423
substituted as a party.	140424

(D) The foregoing appropriation items 054321, Support	140425
Services, and 054401, Ombudsman, may be used to support the costs	140426
of transitioning the Ohio Legal Rights Service into a nonprofit	140427
entity.	140428

Section 321.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

140429

General Revenue Fund	140430

GRF	028321		Legislative Ethics Committee		$	550,000		$	550,000		140431
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		140432

General Services Fund Group	140433

4G70	028601	Joint Legislative Ethics Committee	$	100,000	$	100,000	140434
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	140435
TOTAL ALL BUDGET FUND GROUPS			$	650,000	$	650,000	140436

Section 323.10. LSC LEGISLATIVE SERVICE COMMISSION

140437

General Revenue Fund	140438

GRF	035321	Operating Expenses	$	15,117,700	$	15,117,700	140439
GRF	035402	Legislative Fellows	$	1,022,120	$	1,022,120	140440
GRF	035405	Correctional Institution Inspection Committee	$	438,900	$	438,900	140441
GRF	035407	Legislative Task Force on Redistricting	$	750,000	$	750,000	140442
GRF	035409	National Associations	$	460,560	$	460,560	140443
GRF	035410	Legislative Information Systems	$	3,661,250	$	3,661,250	140444
TOTAL GRF General Revenue Fund			$	21,450,530	$	21,450,530	140445

General Services Fund Group	140446

4100	035601	Sale of Publications	$	10,000	$	10,000	140447
4F60	035603	Legislative Budget Services	$	200,000	$	200,000	140448
5EF0	035607	Legislative Agency Telephone Usage	$	30,000	$	30,000	140449
TOTAL GSF General Services							140450
Fund Group			$	240,000	$	240,000	140451
TOTAL ALL BUDGET FUND GROUPS			$	21,690,530	$	21,690,530	140452

LEGISLATIVE TASK FORCE ON REDISTRICTING

140453

An amount equal to the unexpended, unencumbered portion of	140454
the foregoing appropriation item 035407, Legislative Task Force on	140455
Redistricting, at the end of fiscal year 2011 is hereby	140456
reappropriated to the Legislative Service Commission for the same	140457
purpose for fiscal year 2012.	140458

Section 325.10. LIB STATE LIBRARY BOARD

140459

General Revenue Fund	140460

GRF	350321	Operating Expenses	$	5,057,312	$	5,057,364	140461
GRF	350401	Ohioana Rental Payments	$	124,437	$	124,437	140462
GRF	350502	Regional Library Systems	$	582,469	$	582,469	140463
TOTAL GRF General Revenue Fund			$	5,764,218	$	5,764,270	140464

General Services Fund Group	140465

1390	350602	Intra-Agency Service Charges	$	9,000	$	9,000	140466
4590	350603	Library Service Charges	$	2,986,424	$	2,986,180	140467
4S40	350604	Ohio Public Library Information Network	$	5,689,401	$	5,689,788	140468
5GB0	350605	Library for the Blind	$	1,274,194	$	1,274,194	140469
5GG0	350606	Gates Foundation Grants	$	6,000	$	0	140470
TOTAL GSF General Services							140471
Fund Group			$	9,965,019	$	9,959,162	140472

Federal Special Revenue Fund Group	140473

3130	350601	LSTA Federal	$	5,879,314	$	5,879,314	140474
TOTAL FED Federal Special Revenue							140475
Fund Group			$	5,879,314	$	5,879,314	140476
TOTAL ALL BUDGET FUND GROUPS			$	21,608,551	$	21,602,746	140477

OHIOANA RENTAL PAYMENTS

140478

The foregoing appropriation item 350401, Ohioana Rental	140479
Payments, shall be used to pay the rental expenses of the Martha	140480
Kinney Cooper Ohioana Library Association under section 3375.61 of	140481
the Revised Code.	140482

REGIONAL LIBRARY SYSTEMS

140483

The foregoing appropriation item 350502, Regional Library	140484
Systems, shall be used to support regional library systems	140485
eligible for funding under sections 3375.83 and 3375.90 of the	140486
Revised Code.	140487

OHIO PUBLIC LIBRARY INFORMATION NETWORK

140488

(A) The foregoing appropriation item 350604, Ohio Public	140489
Library Information Network, shall be used for an information	140490
telecommunications network linking public libraries in the state	140491
and such others as may participate in the Ohio Public Library	140492
Information Network (OPLIN).	140493

The Ohio Public Library Information Network Board of Trustees	140494
created under section 3375.65 of the Revised Code may make	140495
decisions regarding use of the foregoing appropriation item	140496
350604, Ohio Public Library Information Network.	140497

(B) Of the foregoing appropriation item 350604, Ohio Public	140498
Library Information Network, up to $81,000 in each fiscal year	140499
shall be used to help local libraries use filters to screen out	140500
obscene and illegal internet materials.	140501

The OPLIN Board shall research and assist or advise local	140502
libraries with regard to emerging technologies and methods that	140503
may be effective means to control access to obscene and illegal	140504
materials. The OPLIN Director shall provide written reports upon	140505
request within ten days to the Governor, the Speaker and Minority	140506
Leader of the House of Representatives, and the President and	140507
Minority Leader of the Senate on any steps being taken by OPLIN	140508
and public libraries in the state to limit and control such	140509
improper usage as well as information on technological, legal, and	140510
law enforcement trends nationally and internationally affecting	140511
this area of public access and service.	140512

(C) The Ohio Public Library Information Network, INFOhio, and	140513
OhioLINK shall, to the extent feasible, coordinate and cooperate	140514
in their purchase or other acquisition of the use of electronic	140515
databases for their respective users and shall contribute funds in	140516
an equitable manner to such effort.	140517

LIBRARY FOR THE BLIND

140518

The foregoing appropriation item 350605, Library for the	140519
Blind, shall be used for the statewide Talking Book Program to	140520
assist the blind and disabled.	140521

TRANSFER TO OPLIN TECHNOLOGY FUND

140522

Notwithstanding sections 5747.03 and 5747.47 of the Revised	140523
Code and any other provision of law to the contrary, in accordance	140524
with a schedule established by the Director of Budget and	140525
Management, the Director of Budget and Management shall transfer	140526
$3,689,401 in cash in fiscal year 2012 and $3,689,788 in cash in	140527
fiscal year 2013 from the Public Library Fund (Fund 7065) to the	140528
OPLIN Technology Fund (Fund 4S40).	140529

TRANSFER TO LIBRARY FOR THE BLIND FUND

140530

Notwithstanding sections 5747.03 and 5747.47 of the Revised	140531
Code and any other provision of law to the contrary, in accordance	140532
with a schedule established by the Director of Budget and	140533
Management, the Director of Budget and Management shall transfer	140534
$1,274,194 cash in each fiscal year from the Public Library Fund	140535
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).	140536

Section 327.10. LCO LIQUOR CONTROL COMMISSION

140537

Liquor Control Fund Group	140538

7043	970321	Operating Expenses	$	753,933	$	754,146	140539
TOTAL LCF Liquor Control Fund Group			$	753,933	$	754,146	140540
TOTAL ALL BUDGET FUND GROUPS			$	753,933	$	754,146	140541

Section 329.10. LOT STATE LOTTERY COMMISSION

140543

State Lottery Fund Group	140544

2310	950604	Charitable Gaming Oversight	$	1,946,000	$	1,946,000	140545
7044	950100	Personal Services	$	26,000,000	$	26,000,000	140546
7044	950200	Maintenance	$	13,558,000	$	13,266,150	140547
7044	950300	Equipment	$	4,810,440	$	4,465,690	140548
7044	950402	Advertising Contracts	$	21,756,000	$	21,756,000	140549
7044	950403	Gaming Contracts	$	46,476,608	$	47,359,732	140550
7044	950500	Problem Gambling Subsidy	$	350,000	$	350,000	140551
7044	950601	Direct Prize Payments	$	131,995,700	$	133,263,456	140552
8710	950602	Annuity Prizes	$	77,206,258	$	77,641,283	140553
TOTAL SLF State Lottery Fund							140554
Group			$	324,099,006	$	326,048,311	140555
TOTAL ALL BUDGET FUND GROUPS			$	324,099,006	$	326,048,311	140556

OPERATING EXPENSES

140557

Notwithstanding sections 127.14 and 131.35 of the Revised	140558
Code, the Controlling Board may, at the request of the State	140559
Lottery Commission, authorize expenditures from the State Lottery	140560
Fund in excess of the amounts appropriated, up to a maximum of 15	140561
per cent of anticipated total revenue accruing from the sale of	140562
lottery tickets. Upon the approval of the Controlling Board, the	140563
additional amounts are hereby appropriated.	140564

DIRECT PRIZE PAYMENTS

140565

Any amounts, in addition to the amounts appropriated in	140566
appropriation item 950601, Direct Prize Payments, that the	140567
Director of the State Lottery Commission determines to be	140568
necessary to fund prizes are hereby appropriated.	140569

ANNUITY PRIZES

140570

Upon request of the State Lottery Commission, the Director of	140571
Budget and Management may transfer cash from the State Lottery	140572
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in	140573
an amount sufficient to fund deferred prizes. The Treasurer of	140574
State, from time to time, shall credit the Deferred Prizes Trust	140575
Fund (Fund 8710) the pro rata share of interest earned by the	140576
Treasurer of State on invested balances.	140577

Any amounts, in addition to the amounts appropriated in	140578
appropriation item 950602, Annuity Prizes, that the Director of	140579
the State Lottery Commission determines to be necessary to fund	140580
deferred prizes and interest earnings are hereby appropriated.	140581

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

140582

The Director of Budget and Management shall transfer an	140583
amount greater than or equal to $717,500,000 in fiscal year 2012	140584
and $680,500,000 in fiscal year 2013 from the State Lottery Fund	140585
to the Lottery Profits Education Fund (Fund 7017). Transfers from	140586
the State Lottery Fund to the Lottery Profits Education Fund shall	140587
represent the estimated net income from operations for the	140588
Commission in fiscal year 2012 and fiscal year 2013. Transfers by	140589
the Director of Budget and Management to the Lottery Profits	140590
Education Fund shall be administered as the statutes direct.	140591

Section 331.10. MHC MANUFACTURED HOMES COMMISSION

140592

General Services Fund Group	140593

4K90	996609	Operating Expenses	$	652,922	$	642,267	140594
TOTAL GSF General Services							140595
Fund Group			$	652,922	$	642,267	140596
TOTAL ALL BUDGET FUND GROUPS			$	652,922	$	642,267	140597

Section 333.10. MED STATE MEDICAL BOARD

140599

General Services Fund Group	140600

5C60	883609	Operating Expenses	$	9,292,393	$	9,172,062	140601
TOTAL GSF General Services							140602
Fund Group			$	9,292,393	$	9,172,062	140603
TOTAL ALL BUDGET FUND GROUPS			$	9,292,393	$	9,172,062	140604

Section 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD

140606

General Services Fund Group	140607

4K90	915604	Operating Expenses	$	493,641	$	493,856	140608
TOTAL GSF General Services							140609
Fund Group			$	493,641	$	493,856	140610
TOTAL ALL BUDGET FUND GROUPS			$	493,641	$	493,856	140611

Section 337.10. DMH DEPARTMENT OF MENTAL HEALTH

140613

General Revenue Fund	140614

GRF	332401	Forensic Services	$	3,244,251	$	3,244,251	140615
GRF	333321	Central Administration	$	16,000,000	$	16,000,000	140616
GRF	333402	Resident Trainees	$	450,000	$	450,000	140617
GRF	333403	Pre-Admission Screening Expenses	$	486,119	$	486,119	140618
GRF	333415	Lease-Rental Payments	$	18,394,250	$	19,907,900	140619
GRF	333416	Research Program Evaluation	$	421,724	$	421,998	140620
GRF	334412	Hospital Services	$	194,918,888	$	192,051,209	140621
GRF	334506	Court Costs	$	584,210	$	584,210	140622
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	140623
GRF	335419	Community Medication Subsidy	$	8,963,818	$	8,963,818	140624
GRF	335501	Mental Health Medicaid Match	$	186,400,000	$	0	140625
GRF	335505	Local Mental Health Systems of Care	$	44,963,776	$	54,087,955	140626
GRF	335506	Residential State Supplement	$	4,702,875	$	4,702,875	140627
TOTAL GRF General Revenue Fund			$	480,915,911	$	302,286,335	140628

General Services Fund Group	140629

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	140630
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	28,190,000	140631
1500	334620	Special Education	$	150,000	$	150,000	140632
4P90	335604	Community Mental Health Projects	$	4,061,100	$	250,000	140633
1510	336601	Office of Support Services	$	129,770,770	$	129,779,822	140634
TOTAL GSF General Services Fund Group			$	163,515,060	$	159,713,012	140635

Federal Special Revenue Fund Group	140636

3240	333605	Medicaid/Medicare	$	154,500	$	154,500	140637
3A60	333608	Community and Hospital Services	$	140,000	$	140,000	140638
3A70	333612	Social Services Block Grant	$	50,000	$	50,000	140639
3A80	333613	Federal Grant - Administration	$	4,717,000	$	4,717,000	140640
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	140641
3B10	333635	Community Medicaid Expansion	$	13,691,682	$	13,691,682	140642
3240	334605	Medicaid/Medicare	$	28,200,000	$	28,200,000	140643
3A60	334608	Federal Miscellaneous	$	200,000	$	200,000	140644
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	140645
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	140646
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	140647
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	2,500,000	140648
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	140649
3B10	335635	Community Medicaid Expansion	$	346,200,000	$	0	140650
TOTAL FED Federal Special Revenue Fund Group			$	421,571,652	$	75,371,652	140651

State Special Revenue Fund Group	140652

2320	333621	Family and Children First Administration	$	448,286	$	432,197	140653
4850	333632	Mental Health Operating	$	134,233	$	134,233	140654
4X50	333607	Behavioral Health Medicaid Services	$	3,000,624	$	3,000,624	140655
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	140656
4850	334632	Mental Health Operating	$	2,477,500	$	2,477,500	140657
5AU0	335615	Behavioral Healthcare	$	6,690,000	$	6,690,000	140658
6320	335616	Community Capital Replacement	$	350,000	$	350,000	140659
TOTAL SSR State Special Revenue Fund Group			$	13,200,643	$	13,184,554	140660
TOTAL ALL BUDGET FUND GROUPS			$	1,079,203,266	$	550,555,553	140661

Section 337.10.10. FORENSIC SERVICES

140663

The foregoing appropriation item 332401, Forensic Services,	140664
shall be used to provide forensic psychiatric evaluations to	140665
courts of common pleas and to conduct evaluations of patients of	140666
forensic status in facilities operated or designated by the	140667
Department of Mental Health prior to conditional release to the	140668
community. A portion of this appropriation may be allocated	140669
through community mental health boards to certified community	140670
agencies in accordance with a distribution methodology as	140671
determined by the Director of Mental Health.	140672

In addition, appropriation item 332401, Forensic Services,	140673
may be used to provide forensic monitoring and tracking of	140674
individuals on conditional release and forensic training, and to	140675
support projects that assist courts and law enforcement to	140676
identify and develop appropriate alternative services to	140677
incarceration for nonviolent mentally ill offenders, and to	140678
provide specialized re-entry services to offenders leaving prisons	140679
and jails.	140680

Section 337.20.10. RESIDENCY TRAINEESHIP PROGRAMS

140681

The foregoing appropriation item 333402, Resident Trainees,	140682
shall be used to fund training agreements entered into by the	140683
Director of Mental Health for the development of curricula and the	140684
provision of training programs to support public mental health	140685
services.	140686

Section 337.20.20. PRE-ADMISSION SCREENING EXPENSES

140687

The foregoing appropriation item 333403, Pre-Admission	140688
Screening Expenses, shall be used to ensure that uniform statewide	140689
methods for pre-admission screening are in place for persons who	140690
have severe mental illness and are referred for long-term Medicaid	140691
certified nursing facility placement. Pre-admission screening	140692
includes the following activities: pre-admission assessment,	140693
consideration of continued stay requests, discharge planning and	140694
referral, and adjudication of appeals and grievance procedures.	140695

Section 337.20.30. LEASE-RENTAL PAYMENTS

140696

The foregoing appropriation item 333415, Lease-Rental	140697
Payments, shall be used to meet all payments at the times they are	140698
required to be made during the period from July 1, 2011, through	140699
June 30, 2013, by the Department of Mental Health under leases and	140700
agreements made under section 154.20 of the Revised Code. These	140701
appropriations are the source of funds pledged for bond service	140702
charges on obligations issued pursuant to Chapter 154. of the	140703
Revised Code.	140704

Section 337.20.50. HOSPITAL SERVICES

140705

The foregoing appropriation item 334412, Hospital Services,	140706
shall be used for the operation of the Department of Mental Health	140707
State Regional Psychiatric Hospitals, including, but not limited	140708
to, all aspects involving civil and forensic commitment,	140709
treatment, and discharge as determined by the Director of Mental	140710
Health. A portion of this appropriation may be used by the	140711
Department of Mental Health to create, purchase, or contract for	140712
the custody, supervision, control, and treatment of persons	140713
committed to the Department of Mental Health in other clinically	140714
appropriate environments, consistent with public safety.	140715

Section 337.20.60. FISCAL YEARS 2012 AND 2013 ALLOCATIONS OF	140716
STATE HOSPITAL FUNDS TO ADAMHS BOARDS	140717

(A) As used in this section:

140718

"Bed day" means a day for which a person receives inpatient	140719
hospitalization services in a state regional psychiatric hospital.	140720

"State regional psychiatric hospital" means a hospital that	140721
the Department of Mental Health maintains, operates, manages, and	140722
governs under section 5119.02 of the Revised Code for the care and	140723
treatment of mentally ill persons.	140724

(B) For fiscal years 2012 and 2013 and notwithstanding	140725
section 5119.62 of the Revised Code, the Director of Mental Health	140726
shall allocate a portion of the foregoing appropriation item	140727
334412, Hospital Services, to boards of alcohol, drug addiction,	140728
and mental health services. In consultation with the boards, the	140729
Director shall establish a methodology to be used in allocating	140730
the funds to boards. The allocation methodology shall include as	140731
factors at least the per diem cost of inpatient hospitalization	140732
services at state regional psychiatric hospitals and the estimated	140733
number of bed days that each board will incur in fiscal years 2012	140734
and 2013 in carrying out their duties under division (A)(11) of	140735
section 340.03 of the Revised Code. The Director may require each	140736
board to provide the Director with an estimate of the number of	140737
bed days the board will incur in fiscal years 2012 and 2013 for	140738
such purpose.	140739

(C) All of the following apply to the funds allocated to a	140740
board under this section:	140741

(1) Subject to divisions (C)(2) and (3) of this section, the	140742
board shall use the funds to pay for expenditures the board incurs	140743
in fiscal years 2012 and 2013 under division (A)(11) of section	140744
340.03 of the Revised Code in paying for inpatient hospitalization	140745
services provided by state regional psychiatric hospitals to	140746
persons involuntarily committed to the board pursuant to Chapter	140747
5122. of the Revised Code.	140748

(2) If the amount of the funds allocated to the board and	140749
used for the purpose specified in division (C)(1) of this section	140750
exceeds the amount that the board needs to pay for its	140751
expenditures identified in division (C)(1) of this section, the	140752
Director may permit the board to use the excess funds for the	140753
board's community mental health plan developed under division	140754
(A)(1)(c) of section 340.03 of the Revised Code.	140755

(3) If the Director approves, the board may have a portion of	140756
the funds deposited into the Department of Mental Health Risk	140757
Fund.	140758

(D) Notwithstanding the amendment by this act to section	140759
5119.62 of the Revised Code, the Department of Mental Health Risk	140760
Fund shall continue to exist in the state treasury for the purpose	140761
of this section until it is no longer needed. In addition to the	140762
money that is in the fund on the effective date of this section,	140763
the fund shall consist of money deposited into it pursuant to	140764
division (C)(3) of this section and all the fund's investment	140765
earnings. Money in the fund shall be used in accordance with	140766
guidelines that the Director shall develop in consultation with	140767
representatives of the boards.	140768

Section 337.30.20. COMMUNITY MEDICATION SUBSIDY

140769

The foregoing appropriation item 335419, Community Medication	140770
Subsidy, shall be used to provide subsidized support for	140771
psychotropic medication needs of indigent citizens in the	140772
community to reduce unnecessary hospitalization because of lack of	140773
medication and to provide subsidized support for methadone costs.	140774
This appropriation may be allocated to community mental health	140775
boards in accordance with a distribution methodology determined by	140776
the Director of Mental Health.	140777

Section 337.30.30. MENTAL HEALTH MEDICAID MATCH

140778

(A) As used in this section, "community mental health	140779
Medicaid services" means services provided under the component, or	140780
aspect of the component, of the Medicaid program that the	140781
Department of Mental Health administers pursuant to a contract	140782
entered into with the Department of Job and Family Services under	140783
section 5111.91 of the Revised Code.	140784

(B) Subject to division (C) of this section, the foregoing	140785
appropriation item 335501, Mental Health Medicaid Match, shall be	140786
used by the Department of Mental Health to make payments for	140787
community mental health Medicaid services.	140788

(C) For state fiscal year 2012, the Department shall allocate	140789
foregoing appropriation item 335501, Mental Health Medicaid Match,	140790
to boards of alcohol, drug addiction, and mental health services	140791
in accordance with a distribution methodology the Department shall	140792
establish. Notwithstanding sections 5111.911 and 5111.912 of the	140793
Revised Code, the boards shall use the funds allocated to them	140794
under this section to pay claims for community mental health	140795
Medicaid services provided during fiscal year 2012. The boards	140796
shall use all federal financial participation that the Department	140797
of Mental Health receives for claims paid for community mental	140798
health Medicaid services provided during fiscal year 2012 as the	140799
first payment source to pay claims for community mental health	140800
Medicaid services provided during fiscal year 2012. No board is	140801
required to use any funds other than the funds allocated to them	140802
under this section and the federal financial participation	140803
received for claims for community mental health Medicaid services	140804
provided during fiscal year 2012 to pay for such claims.	140805

(D) The Department shall enter into an agreement with each	140806
board regarding the issue of paying claims that are for community	140807
mental health Medicaid services provided before July 1, 2011, and	140808
submitted for payment on or after that date. Such claims shall be	140809
paid in accordance with the agreements. A board shall receive the	140810
federal financial participation received for claims for community	140811
mental health Medicaid services that were provided before July 1,	140812
2011, and paid by the board.	140813

Section 337.30.40. LOCAL MENTAL HEALTH SYSTEMS OF CARE

140814

The foregoing appropriation item 335505, Local Mental Health	140815
Systems of Care, shall be used by community mental health boards	140816
to purchase mental health services permitted under Chapter 340. of	140817
the Revised Code.	140818

Section 337.30.50. RESIDENTIAL STATE SUPPLEMENT

140819

(A)(1) On July 1, 2011, the Residential State Supplement	140820
Program is transferred from the Department of Aging to the	140821
Department of Mental Health. The transferred program is thereupon	140822
and thereafter successor to, assumes the obligations of, and	140823
otherwise constitutes the continuation of the program as it was	140824
operated immediately prior to July 1, 2011. The transfer shall not	140825
affect persons receiving payments under the program on July 1,	140826
2011.	140827

(2) Any business of the program commenced but not completed	140828
before July 1, 2011 shall be completed by the Department of Mental	140829
Health. The business shall be completed in the same manner, and	140830
with the same effect, as if completed by the Department of Aging	140831
immediately prior to July 1, 2011. No validation, cure, right,	140832
privilege, remedy, obligation, or liability pertaining to the	140833
program is lost or impaired by reason of the program's transfer to	140834
the Department of Mental Health. Each such validation, cure,	140835
right, privilege, remedy, obligation, or liability shall be	140836
administered by the Department of Mental Health pursuant to	140837
sections 5119.69, 5119.691, and 5119.692 of the Revised Code.	140838

(3) All rules, orders, and determinations pertaining to the	140839
program as it was operated immediately prior to July 1, 2011	140840
continue in effect as rules, orders, and determinations of the	140841
Department of Mental Health until modified or rescinded by the	140842
Department of Mental Health. If necessary to ensure the integrity	140843
of the numbering system of the Administrative Code, the Director	140844
of the Legislative Service Commission shall renumber the rules to	140845
reflect the transfer of the Residential State Supplement Program	140846
from the Department of Aging to the Department of Mental Health.	140847

(4) Any action or proceeding that is related to the functions	140848
or duties of the Residential State Supplement Program pending on	140849
July 1, 2011 is not affected by the transfer of the program and	140850
shall be prosecuted or defended in the name of the Department of	140851
Mental Health. In all such actions and proceedings, the Department	140852
of Mental Health, on application to the court, shall be	140853
substituted as a party.	140854

(B) The foregoing appropriation item 335506, Residential	140855
State Supplement, may be used by the Department of Mental Health	140856
to provide training for adult care facilities serving residents	140857
with mental illness, to transfer cash to the Nursing Home	140858
Franchise Permit Fee Fund (Fund 5R20) used by the Department of	140859
Job and Family Services, and to make benefit payments to	140860
residential state supplement recipients. Under the Residential	140861
State Supplement Program, the amount used to determine whether a	140862
resident is eligible for payment, and for determining the amount	140863
per month the eligible resident will receive, shall be as follows:	140864

(1) $927 for a residential care facility, as defined in	140865
section 3721.01 of the Revised Code;	140866

(2) $927 for an adult group home, as defined in section	140867
5119.70 of the Revised Code;	140868

(3) $824 for an adult foster home, as defined in section	140869
5119.692 of the Revised Code;	140870

(4) $824 for an adult family home, as defined in section	140871
5119.70 of the Revised Code;	140872

(5) $824 for a residential facility, as identified in	140873
division (C)(1)(c) of section 5119.69 of the Revised Code; and	140874

(6) $618 for community mental health housing services, as	140875
identified in division (C)(1)(d) of section 5119.69 of the Revised	140876
Code.	140877

The Department of Mental Health shall reflect these amounts	140878
in any applicable rules the Department adopts under section	140879
5119.69 of the Revised Code.	140880

Section 337.30.60. BEHAVIORAL HEALTH MEDICAID SERVICES

140881

The Department of Mental Health shall administer specified	140882
Medicaid services as delegated by the Department of Job and Family	140883
Services in an interagency agreement. The foregoing appropriation	140884
item 333607, Behavioral Health Medicaid Services, may be used to	140885
make payments for free-standing psychiatric hospital inpatient	140886
services as defined in an interagency agreement with the	140887
Department of Job and Family Services.	140888

Section 337.30.70. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING	140889
POOL	140890

A county family and children first council may establish and	140891
operate a flexible funding pool in order to assure access to	140892
needed services by families, children, and older adults in need of	140893
protective services. The operation of the flexible funding pools	140894
shall be subject to the following restrictions:	140895

(A) The county council shall establish and operate the	140896
flexible funding pool in accordance with formal guidance issued by	140897
the Family and Children First Cabinet Council;	140898

(B) The county council shall produce an annual report on its	140899
use of the pooled funds. The annual report shall conform to a	140900
format prescribed in the formal guidance issued by the Family and	140901
Children First Cabinet Council;	140902

(C) Unless otherwise restricted, funds transferred to the	140903
flexible funding pool may include state general revenues allocated	140904
to local entities to support the provision of services to families	140905
and children;	140906

(D) The amounts transferred to the flexible funding pool	140907
shall be limited to amounts that can be redirected without	140908
impairing the achievement of the objectives for which the initial	140909
allocation is designated; and	140910

(E) Each amount transferred to the flexible funding pool from	140911
a specific allocation shall be approved for transfer by the	140912
director of the local agency that was the original recipient of	140913
the allocation.	140914

Section 337.30.75. TRANSITION FOR CURRENTLY CERTIFIED ADULT	140915
FOSTER HOMES	140916

On July 1, 2011, the certification of adult foster homes is	140917
transferred from the Department of Aging to the Department of	140918
Mental Health. A certification that was issued by the Director of	140919
Aging to an adult foster home under former section 175.36 of the	140920
Revised Code and that is current and valid on the effective date	140921
of section 5119.692 of the Revised Code, as enacted by this act,	140922
is deemed to be a certificate issued by the Director of Mental	140923
Health under those sections.	140924

Any business regarding the certification of adult foster	140925
homes commenced but not completed before July 1, 2011 shall be	140926
completed by the Department of Mental Health. The business shall	140927
be completed in the same manner, and with the same effect, as if	140928
completed by the Department of Aging immediately prior to July 1,	140929
2011.	140930

No validation, cure, right, privilege, remedy, obligation, or	140931
liability is lost or impaired by reason of this act's transfer of	140932
responsibility to the Department of Mental Health, from the	140933
Department of Aging, for the certification of adult foster homes.	140934

Each such validation, cure, right, privilege, remedy,	140935
obligation, or liability shall be administered by the Department	140936
of Mental Health pursuant to section 5119.692 of the Revised Code.	140937

All rules, orders, and determinations pertaining to the	140938
certification of adult foster homes as it was operated immediately	140939
prior to July 1, 2011 shall continue in effect as rules, orders,	140940
and determinations of the Department of Mental Health until	140941
modified or rescinded by the Department of Mental Health. If	140942
necessary to ensure the integrity of the numbering system of the	140943
Administrative Code, the Director of the Legislative Service	140944
Commission shall renumber the rules to reflect the transfer of the	140945
certification of adult foster homes from the Department of Aging	140946
to the Department of Mental Health.	140947

Any action or proceeding that is related to the functions or	140948
duties of the certification of adult foster homes pending on July	140949
1, 2011 is not affected by the transfer of the certification and	140950
shall be prosecuted or defended in the name of the Department of	140951
Mental Health. In all such actions and proceedings, the Department	140952
of Mental Health, on application to the court, shall be	140953
substituted as a party.	140954

Section 337.30.80. TRANSITION FOR CURRENTLY LICENSED ADULT	140955
CARE FACILITIES	140956

On July 1, 2011, the licensing of adult care facilities is	140957
transferred from the Department of Health to the Department of	140958
Mental Health. A license that was issued by the Director of Health	140959
to an adult care facility under former Chapter 3722. of the	140960
Revised Code and that is current and valid on the effective date	140961
of sections 5119.70 to 5119.88 of the Revised Code, as enacted by	140962
this act, is deemed to be a license issued by the Director of	140963
Mental Health under those sections.	140964

Any business regarding the licensing of adult care facilities	140965
commenced but not completed before July 1, 2011 shall be completed	140966
by the Department of Mental Health. The business shall be	140967
completed in the same manner, and with the same effect, as if	140968
completed by the Department of Health immediately prior to July 1,	140969
2011.	140970

No validation, cure, right, privilege, remedy, obligation, or	140971
liability is lost or impaired by reason of this act's transfer of	140972
responsibility to the Department of Mental Health, from the	140973
Department of Health, for the licensing of adult care facilities.	140974
Each such validation, cure, right, privilege, remedy, obligation,	140975
or liability shall be administered by the Department of Mental	140976
Health pursuant to sections 5119.70 to 5119.88 of the Revised	140977
Code.	140978

All rules, orders, and determinations pertaining to the	140979
licensing of adult care facilities as it was operated immediately	140980
prior to July 1, 2011 shall continue in effect as rules, orders,	140981
and determinations of the Department of Mental Health until	140982
modified or rescinded by the Department of Mental Health. If	140983
necessary to ensure the integrity of the numbering system of the	140984
Administrative Code, the Director of the Legislative Service	140985
Commission shall renumber the rules to reflect the transfer of the	140986
licensing of adult care facilities from the Department of Health	140987
to the Department of Mental Health.	140988

Any action or proceeding that is related to the functions or	140989
duties of the licensing of adult care facilities pending on July	140990
1, 2011 is not affected by the transfer of the licensing and shall	140991
be prosecuted or defended in the name of the Department of Mental	140992
Health. In all such actions and proceedings, the Department of	140993
Mental Health, on application to the court, shall be substituted	140994
as a party.	140995

Section 339.10. MIH COMMISSION ON MINORITY HEALTH

140996

General Revenue Fund	140997

GRF	149321	Operating Expenses	$	423,588	$	408,990	140998
GRF	149501	Minority Health Grants	$	1,061,600	$	1,061,600	140999
GRF	149502	Lupus Program	$	110,047	$	110,047	141000
TOTAL GRF General Revenue Fund			$	1,595,235	$	1,580,637	141001

Federal Special Revenue Fund Group	141002

3J90	149602	Federal Grants	$	140,000	$	140,000	141003
TOTAL FED Federal Special Revenue							141004
Fund Group			$	140,000	$	140,000	141005

State Special Revenue Fund Group	141006

4C20	149601	Minority Health Conference	$	25,000	$	25,000	141007
TOTAL SSR State Special Revenue							141008
Fund Group			$	25,000	$	25,000	141009
TOTAL ALL BUDGET FUND GROUPS			$	1,760,235	$	1,745,637	141010

Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR	141012
REGISTRATION BOARD	141013

General Services Fund Group	141014

4K90	865601	Operating Expenses	$	331,841	$	324,292	141015
TOTAL GSF General Services							141016
Fund Group			$	331,841	$	324,292	141017
TOTAL ALL BUDGET FUND GROUPS			$	331,841	$	324,292	141018

Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES

141020

General Revenue Fund	141021

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	141022
GRF	725413	Lease Rental Payments	$	20,568,600	$	19,734,700	141023
GRF	725456	Canal Lands	$	135,000	$	135,000	141024
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	141025
GRF	725903	Natural Resources General Obligation Debt Service	$	5,375,300	$	25,209,100	141026
GRF	727321	Division of Forestry	$	4,878,338	$	4,880,000	141027
GRF	729321	Office of Information Technology	$	194,118	$	197,117	141028
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	141029
GRF	736321	Division of Engineering	$	3,024,459	$	3,025,078	141030
GRF	737321	Division of Soil and Water Resources	$	4,982,961	$	4,983,356	141031
TOTAL GRF General Revenue Fund			$	73,858,776	$	92,864,351	141032

General Services Fund Group	141033

1550	725601	Departmental Projects	$	3,365,651	$	2,725,484	141034
1570	725651	Central Support Indirect	$	5,854,167	$	5,857,800	141035
2040	725687	Information Services	$	4,659,276	$	4,643,835	141036
2070	725690	Real Estate Services	$	50,000	$	50,000	141037
2230	725665	Law Enforcement Administration	$	2,106,776	$	2,126,432	141038
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	141039
4300	725671	Canal Lands	$	907,618	$	907,879	141040
4D50	725618	Recycled Materials	$	50,000	$	50,000	141041
4S90	725622	NatureWorks Personnel	$	400,358	$	400,358	141042
4X80	725662	Water Resources Council	$	138,011	$	138,005	141043
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	141044
5160	725620	Water Management	$	2,541,565	$	2,559,292	141045
6350	725664	Fountain Square Facilities Management	$	3,544,623	$	3,548,445	141046
6970	725670	Submerged Lands	$	836,162	$	848,546	141047
TOTAL GSF General Services							141048
Fund Group			$	25,194,318	$	24,596,187	141049

Federal Special Revenue Fund Group	141050

3320	725669	Federal Mine Safety Grant	$	258,102	$	258,102	141051
3B30	725640	Federal Forest Pass-Thru	$	600,000	$	600,000	141052
3B40	725641	Federal Flood Pass-Thru	$	600,000	$	600,000	141053
3B50	725645	Federal Abandoned Mine Lands	$	21,007,667	$	21,207,667	141054
3B60	725653	Federal Land and Water Conservation Grants	$	1,150,000	$	1,150,000	141055
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	141056
3P10	725632	Geological Survey - Federal	$	692,401	$	692,401	141057
3P20	725642	Oil and Gas-Federal	$	234,509	$	234,509	141058
3P30	725650	Coastal Management - Federal	$	3,290,633	$	3,290,633	141059
3P40	725660	Federal - Soil and Water Resources	$	1,213,048	$	1,209,957	141060
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	2,025,001	$	2,025,001	141061
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	141062
TOTAL FED Federal Special Revenue							141063
Fund Group			$	36,121,361	$	36,318,270	141064

State Special Revenue Fund Group	141065

4J20	725628	Injection Well Review	$	130,899	$	128,466	141066
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	141067
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	141068
5090	725602	State Forest	$	7,891,747	$	7,058,793	141069
5110	725646	Ohio Geological Mapping	$	704,777	$	705,130	141070
5120	725605	State Parks Operations	$	32,284,117	$	31,550,444	141071
5140	725606	Lake Erie Shoreline	$	1,502,654	$	1,505,983	141072
5180	725643	Oil and Gas Permit Fees	$	5,821,970	$	5,623,645	141073
5180	725677	Oil and Gas Well Plugging	$	800,000	$	800,000	141074
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	141075
5220	725656	Natural Areas and Preserves	$	546,580	$	546,639	141076
5260	725610	Strip Mining Administration Fee	$	2,000,000	$	2,000,000	141077
5270	725637	Surface Mining Administration	$	1,940,977	$	1,941,532	141078
5290	725639	Unreclaimed Land Fund	$	2,004,180	$	2,004,180	141079
5310	725648	Reclamation Forfeiture	$	1,423,000	$	1,423,000	141080
5320	725644	Litter Control and Recycling	$	4,926,730	$	4,911,575	141081
5860	725633	Scrap Tire Program	$	1,497,645	$	1,497,645	141082
5B30	725674	Mining Regulation	$	28,135	$	28,135	141083
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	141084
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	141085
5CU0	725647	Mine Safety	$	3,000,000	$	3,000,000	141086
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	141087
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	141088
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	141089
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	141090
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	141091
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	141092
6150	725661	Dam Safety	$	925,344	$	926,028	141093
TOTAL SSR State Special Revenue							141094
Fund Group			$	76,073,745	$	74,296,185	141095

Clean Ohio Conservation Fund Group	141096

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		141097
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		141098

Wildlife Fund Group	141099

5P20	725634	Wildlife Boater Angler Administration	$	4,000,000	$	4,000,000	141100
7015	740401	Division of Wildlife Conservation	$	52,721,044	$	51,669,158	141101
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	141102
8160	725649	Wetlands Habitat	$	966,885	$	966,885	141103
8170	725655	Wildlife Conservation Checkoff Fund	$	3,240,000	$	3,240,000	141104
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	141105
8190	725685	Ohio River Management	$	128,584	$	128,584	141106
TOTAL WLF Wildlife Fund Group			$	62,676,962	$	61,625,076	141107

Waterways Safety Fund Group	141108

7086	725414	Waterways Improvement	$	5,692,601	$	5,693,671	141109
7086	725418	Buoy Placement	$	52,182	$	52,182	141110
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	141111
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	141112
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	141113
7086	725693	Grand Lake St. Marys Mitigation	$	4,000,000	$	0	141114
7086	739401	Division of Watercraft	$	18,040,593	$	17,552,370	141115
TOTAL WSF Waterways Safety Fund							141116
Group			$	28,848,172	$	24,361,019	141117

Accrued Leave Liability Fund Group	141118

4M80	725675	FOP Contract	$	20,219	$	20,219	141119
TOTAL ALF Accrued Leave							141120
Liability Fund Group			$	20,219	$	20,219	141121

Holding Account Redistribution Fund Group	141122

R017	725659	Performance Cash Bond Refunds	$	296,263	$	296,263	141123
R043	725624	Forestry	$	2,000,000	$	2,154,750	141124
TOTAL 090 Holding Account							141125
Redistribution Fund Group			$	2,296,263	$	2,451,013	141126
TOTAL ALL BUDGET FUND GROUPS			$	305,390,591	$	316,833,095	141127

Section 343.20. CENTRAL SUPPORT INDIRECT

141129

With the exception of the Division of Wildlife, whose direct	141130
and indirect central support charges shall be paid out of the	141131
General Revenue Fund from the foregoing appropriation item 725401,	141132
Wildlife-GRF Central Support, the Department of Natural Resources,	141133
with approval of the Director of Budget and Management, shall	141134
utilize a methodology for determining each division's payments	141135
into the Central Support Indirect Fund (Fund 1570). The	141136
methodology used shall contain the characteristics of	141137
administrative ease and uniform application in compliance with	141138
federal grant requirements. It may include direct cost charges for	141139
specific services provided. Payments to Fund 1570 shall be made	141140
using an intrastate transfer voucher.	141141

Section 343.30. WELL LOG FILING FEES

141142

The Chief of the Division of Soil and Water Resources shall	141143
deposit fees forwarded to the Division pursuant to section 1521.05	141144
of the Revised Code into the Departmental Services – Intrastate	141145
Fund (Fund 1550) for the purposes described in that section.	141146

Section 343.40. LEASE RENTAL PAYMENTS

141147

The foregoing appropriation item 725413, Lease Rental	141148
Payments, shall be used to meet all payments at the times they are	141149
required to be made during the period from July 1, 2011, through	141150
June 30, 2013, by the Department of Natural Resources pursuant to	141151
leases and agreements made under section 154.22 of the Revised	141152
Code. These appropriations are the source of funds pledged for	141153
bond service charges or obligations issued pursuant to Chapter	141154
154. of the Revised Code.	141155

CANAL LANDS

141156

The foregoing appropriation item 725456, Canal Lands, shall	141157
be used to transfer funds to the Canal Lands Fund (Fund 4300) to	141158
provide operating expenses for the State Canal Lands Program. The	141159
transfer shall be made using an intrastate transfer voucher and	141160
shall be subject to the approval of the Director of Budget and	141161
Management.	141162

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

141163

The foregoing appropriation item 725903, Natural Resources	141164
General Obligation Debt Service, shall be used to pay all debt	141165
service and related financing costs during the period July 1,	141166
2011, through June 30, 2013, on obligations issued under sections	141167
151.01 and 151.05 of the Revised Code.	141168

Section 343.40.10. LAW ENFORCEMENT ADMINISTRATION

141169

The foregoing appropriation item 725665, Law Enforcement	141170
Administration, shall be used to cover the cost of support,	141171
coordination, and oversight of the Department of Natural	141172
Resources' law enforcement functions. The Law Enforcement	141173
Administration Fund (Fund 2230) shall consist of cash transferred	141174
to it via intrastate transfer voucher from other funds as	141175
determined by the Director of Natural Resources and the Director	141176
of Budget and Management.	141177

Section 343.40.20. FOUNTAIN SQUARE

141178

The foregoing appropriation item 725664, Fountain Square	141179
Facilities Management, shall be used for payment of repairs,	141180
renovation, utilities, property management, and building	141181
maintenance expenses for the Fountain Square complex. Cash	141182
transferred by intrastate transfer vouchers from various	141183
department funds and rental income received by the Department of	141184
Natural Resources shall be deposited into the Fountain Square	141185
Facilities Management Fund (Fund 6350).	141186

Section 343.40.30. SOIL AND WATER DISTRICTS

141187

In addition to state payments to soil and water conservation	141188
districts authorized by section 1515.10 of the Revised Code, the	141189
Department of Natural Resources may use appropriation item 725683,	141190
Soil and Water Districts, to pay any soil and water conservation	141191
district an annual amount not to exceed $40,000, upon receipt of a	141192
request and justification from the district and approval by the	141193
Ohio Soil and Water Conservation Commission. The county auditor	141194
shall credit the payments to the special fund established under	141195
section 1515.10 of the Revised Code for the local soil and water	141196
conservation district. Moneys received by each district shall be	141197
expended for the purposes of the district.	141198

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION OPERATIONS

141199

During fiscal years 2012 and 2013, the Director of Budget and	141200
Management may, in consultation with the Director of Natural	141201
Resources, transfer such cash as necessary from the General	141202
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) for handling	141203
the increased regulatory work related to the expansion of oil and	141204
gas drilling that will occur before receipts from this activity	141205
are deposited into Fund 5180. Once funds from severance taxes,	141206
application and permitting fees, and other sources have accrued to	141207
Fund 5180 in such amounts as are deemed sufficient to sustain	141208
expanded operations, the Director of Budget and Management, in	141209
consultation with the Director of Natural Resources, shall	141210
establish a schedule for repaying the transferred funds from Fund	141211
5180 to the General Revenue Fund.	141212

OIL AND GAS WELL PLUGGING

141213

The foregoing appropriation item 725677, Oil and Gas Well	141214
Plugging, shall be used exclusively for the purposes of plugging	141215
wells and to properly restore the land surface of idle and orphan	141216
oil and gas wells pursuant to section 1509.071 of the Revised	141217
Code. No funds from the appropriation item shall be used for	141218
salaries, maintenance, equipment, or other administrative	141219
purposes, except for those costs directly attributed to the	141220
plugging of an idle or orphan well. This appropriation item shall	141221
not be used to transfer cash to any other fund or appropriation	141222
item.	141223

LITTER CONTROL AND RECYCLING

141224

Of the foregoing appropriation item 725644, Litter Control	141225
and Recycling, up to $1,500,000 may be used in each fiscal year	141226
for the administration of the Recycling and Litter Prevention	141227
Program.	141228

Section 343.40.40. CLEAN OHIO OPERATING EXPENSES

141229

The foregoing appropriation item 725405, Clean Ohio	141230
Operating, shall be used by the Department of Natural Resources in	141231
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant	141232
to section 1519.05 of the Revised Code.	141233

Section 343.40.50. WATERCRAFT MARINE PATROL

141234

Of the foregoing appropriation item 739401, Division of	141235
Watercraft, up to $200,000 in each fiscal year shall be expended	141236
for the purchase of equipment for marine patrols qualifying for	141237
funding from the Department of Natural Resources pursuant to	141238
section 1547.67 of the Revised Code. Proposals for equipment shall	141239
accompany the submission of documentation for receipt of a marine	141240
patrol subsidy pursuant to section 1547.67 of the Revised Code and	141241
shall be loaned to eligible marine patrols pursuant to a	141242
cooperative agreement between the Department of Natural Resources	141243
and the eligible marine patrol.	141244

Section 343.40.60. TRANSFER FOR GRAND LAKE ST. MARYS	141245
MITIGATION	141246

On July 1, 2011, or as soon as possible thereafter, the	141247
Director of Natural Resources may request the Director of Budget	141248
and Management to transfer up to $4,000,000 in cash from the	141249
Watercraft Revolving Loan Fund (Fund 5AW0) to the Waterways Safety	141250
Fund (Fund 7086) to support toxic algae mitigation activities at	141251
Grand Lake St. Marys State Park. The amount transferred is hereby	141252
appropriated to appropriation item 725693, Grand Lake St. Marys	141253
Mitigation.	141254

Section 343.50. PARKS CAPITAL EXPENSES FUND

141255

The Director of Natural Resources shall submit to the	141256
Director of Budget and Management the estimated design,	141257
engineering, and planning costs of capital-related work to be done	141258
by Department of Natural Resources staff for parks projects within	141259
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the	141260
Director of Budget and Management approves the estimated costs,	141261
the Director may release appropriations from appropriation item	141262
C725E6, Project Planning, Fund 7035, for those purposes. Upon	141263
release of the appropriations, the Department of Natural Resources	141264
shall pay for these expenses from the Parks Capital Expenses Fund	141265
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by	141266
Fund 7035 using an intrastate transfer voucher.	141267

NATUREWORKS CAPITAL EXPENSES FUND

141268

The Department of Natural Resources shall periodically	141269
prepare and submit to the Director of Budget and Management the	141270
estimated design, planning, and engineering costs of	141271
capital-related work to be done by Department of Natural Resources	141272
staff for each capital improvement project within the Ohio Parks	141273
and Natural Resources Fund (Fund 7031). If the Director of Budget	141274
and Management approves the estimated costs, the Director may	141275
release appropriations from appropriation item C725E5, Project	141276
Planning, in Fund 7031, for those purposes. Upon release of the	141277
appropriations, the Department of Natural Resources shall pay for	141278
these expenses from the Capital Expenses Fund (Fund 4S90).	141279
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by	141280
using an intrastate transfer voucher.	141281

Section 345.10. NUR STATE BOARD OF NURSING

141282

General Services Fund Group	141283

4K90	884609	Operating Expenses	$	6,943,322	$	6,680,896	141284
5AC0	884602	Nurse Education Grant Program	$	1,373,506	$	1,373,506	141285
5P80	884601	Nursing Special Issues	$	5,000	$	5,000	141286
TOTAL GSF General Services							141287
Fund Group			$	8,321,828	$	8,059,402	141288
TOTAL ALL BUDGET FUND GROUPS			$	8,321,828	$	8,059,402	141289

Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	141291
AND ATHLETIC TRAINERS BOARD	141292

General Services Fund Group	141293

4K90	890609	Operating Expenses	$	874,087	$	866,169	141294
TOTAL GSF General Services Fund Group			$	874,087	$	866,169	141295
TOTAL ALL BUDGET FUND GROUPS			$	874,087	$	866,169	141296

Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION

141298

General Revenue Fund	141299

GRF	355501	Library Subsidy	$	120,000	$	120,000	141300
TOTAL GRF General Revenue Fund			$	120,000	$	120,000	141301
TOTAL ALL BUDGET FUND GROUPS			$	120,000	$	120,000	141302

Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD

141304

General Services Fund Group	141305

4K90	894609	Operating Expenses	$	357,039	$	347,300	141306
TOTAL GSF General Services							141307
Fund Group			$	357,039	$	347,300	141308
TOTAL ALL BUDGET FUND GROUPS			$	357,039	$	347,300	141309

Section 353.10. OPT STATE BOARD OF OPTOMETRY

141311

General Services Fund Group	141312

4K90	885609	Operating Expenses	$	356,914	$	347,278	141313
TOTAL GSF General Services							141314
Fund Group			$	356,914	$	347,278	141315
TOTAL ALL BUDGET FUND GROUPS			$	356,914	$	347,278	141316

Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	141318
AND PEDORTHICS	141319

General Services Fund Group	141320

4K90	973609	Operating Expenses	$	126,340	$	114,218	141321
TOTAL GSF General Services							141322
Fund Group			$	126,340	$	114,218	141323
TOTAL ALL BUDGET FUND GROUPS			$	126,340	$	114,218	141324

Section 357.10. UST PETROLEUM UNDERGROUND STORAGE TANK	141325
RELEASE COMPENSATION BOARD	141326

Agency Fund Group	141327

6910	810632	PUSTRCB Staff	$	1,162,179	$	1,123,014	141328
TOTAL AGY Agency Fund Group			$	1,162,179	$	1,123,014	141329
TOTAL ALL BUDGET FUND GROUPS			$	1,162,179	$	1,123,014	141330

Section 359.10. PRX STATE BOARD OF PHARMACY

141332

General Services Fund Group	141333

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	141334
4K90	887609	Operating Expenses	$	6,608,498	$	6,701,285	141335
TOTAL GSF General Services Fund Group			$	6,758,498	$	6,851,285	141336

Federal Special Revenue Fund Group	141337

3CT0	887606	2008 Developing/Enhancing PMP	$	70,775	$	0	141338
3DV0	887607	Enhancing Ohio's PMP	$	169,888	$	2,379	141339
3EY0	887603	Administration of PMIX Hub	$	320,637	$	66,335	141340
3EZ0	887610	NASPER 10	$	164,459		27,710	141341
TOTAL FED Federal Special Revenue Fund Group			$	725,759	$	96,424	141342
TOTAL ALL BUDGET FUND GROUPS			$	7,484,257	$	6,947,709	141343

Section 361.10. PSY STATE BOARD OF PSYCHOLOGY

141345

General Services Fund Group	141346

4K90	882609	Operating Expenses	$	525,394	$	535,406	141347
TOTAL GSF General Services							141348
Fund Group			$	525,394	$	535,406	141349
TOTAL ALL BUDGET FUND GROUPS			$	525,394	$	535,406	141350

Section 363.10. PUB OHIO PUBLIC DEFENDER COMMISSION

141352

General Revenue Fund	141353

GRF	019401	State Legal Defense Services	$	2,610,272	$	3,020,855	141354
GRF	019403	Multi-County: State Share	$	338,931	$	406,626	141355
GRF	019404	Trumbull County - State Share	$	99,321	$	119,158	141356
GRF	019405	Training Account	$	50,000	$	50,000	141357
GRF	019501	County Reimbursement	$	2,565,398	$	3,077,786	141358
TOTAL GRF General Revenue Fund			$	5,663,922	$	6,674,425	141359

General Services Fund Group	141360

4070	019604	County Representation	$	231,076	$	231,754	141361
4080	019605	Client Payments	$	1,052,919	$	953,492	141362
5CX0	019617	Civil Case Filing Fee	$	708,654	$	705,713	141363
TOTAL GSF General Services							141364
Fund Group			$	1,992,649	$	1,890,959	141365

Federal Special Revenue Fund Group	141366

3S80	019608	Federal Representation	$	341,733	$	263,431	141367
TOTAL FED Federal Special Revenue							141368
Fund Group			$	341,733	$	263,431	141369

State Special Revenue Fund Group	141370

4C70	019601	Multi-County: County Share	$	3,324,009	$	3,333,014	141371
4N90	019613	Gifts and Grants	$	35,000	$	35,000	141372
4X70	019610	Trumbull County - County Share	$	974,069	$	976,612	141373
5740	019606	Civil Legal Aid	$	24,000,000	$	27,000,000	141374
5DY0	019618	Indigent Defense Support - County Share	$	42,195,000	$	43,125,000	141375
5DY0	019619	Indigent Defense Support Fund - State Office	$	6,521,723	$	6,096,759	141376
TOTAL SSR State Special Revenue							141377
Fund Group			$	77,049,801	$	80,566,385	141378
TOTAL ALL BUDGET FUND GROUPS			$	85,048,105	$	89,395,200	141379

INDIGENT DEFENSE OFFICE

141380

The foregoing appropriation items 019404, Trumbull County -	141381
State Share, and 019610, Trumbull County - County Share, shall be	141382
used to support an indigent defense office for Trumbull County.	141383

MULTI-COUNTY OFFICE

141384

The foregoing appropriation items 019403, Multi-County: State	141385
Share, and 019601, Multi-County: County Share, shall be used to	141386
support the Office of the Ohio Public Defender's Multi-County	141387
Branch Office Program.	141388

TRAINING ACCOUNT

141389

The foregoing appropriation item 019405, Training Account,	141390
shall be used by the Ohio Public Defender to provide legal	141391
training programs at no cost for private appointed counsel who	141392
represent at least one indigent defendant at no cost and for state	141393
and county public defenders and attorneys who contract with the	141394
Ohio Public Defender to provide indigent defense services.	141395

FEDERAL REPRESENTATION

141396

The foregoing appropriation item 019608, Federal	141397
Representation, shall be used to receive reimbursements from the	141398
federal courts when the Ohio Public Defender provides	141399
representation in federal court cases and to support	141400
representation in such cases.	141401

Section 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

141402

General Services Fund Group	141403

5F60	870622	Utility and Railroad Regulation	$	30,637,234	$	31,638,708	141404
5F60	870624	NARUC/NRRI Subsidy	$	158,000	$	158,000	141405
5F60	870625	Motor Transportation Regulation	$	4,976,641	$	5,971,218	141406
5Q50	870626	Telecommunications Relay Service	$	5,000,000	$	5,000,000	141407
TOTAL GSF General Services							141408
Fund Group			$	40,771,875	$	42,767,926	141409

Federal Special Revenue Fund Group	141410

3330	870601	Gas Pipeline Safety	$	597,959	$	597,959	141411
3500	870608	Motor Carrier Safety	$	7,351,660	$	7,351,660	141412
3CU0	870627	Electric Market Modeling	$	91,183	$	0	141413
3EA0	870630	Energy Assurance Planning	$	384,000	$	384,000	141414
3ED0	870631	State Regulators Assistance	$	231,824	$	231,824	141415
3V30	870604	Commercial Vehicle Information Systems/Networks	$	100,000	$	100,000	141416
TOTAL FED Federal Special Revenue							141417
Fund Group			$	8,756,626	$	8,665,443	141418

State Special Revenue Fund Group	141419

4A30	870614	Grade Crossing Protection Devices-State	$	1,347,357	$	1,347,357	141420
4L80	870617	Pipeline Safety-State	$	181,992	$	181,992	141421
4S60	870618	Hazardous Material Registration	$	450,395	$	450,395	141422
4S60	870621	Hazardous Materials Base State Registration	$	373,346	$	373,346	141423
4U80	870620	Civil Forfeitures	$	277,347	$	277,496	141424
5590	870605	Public Utilities Territorial Administration	$	3,880	$	3,880	141425
5600	870607	Special Assessment	$	97,000	$	97,000	141426
5610	870606	Power Siting Board	$	631,508	$	631,618	141427
5BP0	870623	Wireless 9-1-1 Administration	$	36,440,000	$	18,220,000	141428
5HD0	870629	Radioactive Waste Transportation	$	98,800	$	98,800	141429
6380	870611	Biofuels/Municipal Waste Technology	$	570	$	0	141430
6610	870612	Hazardous Materials Transportation	$	898,800	$	898,800	141431
TOTAL SSR State Special Revenue							141432
Fund Group			$	40,800,995	$	22,580,684	141433
TOTAL ALL BUDGET FUND GROUPS			$	90,329,496	$	74,014,053	141434

Section 367.10. PWC PUBLIC WORKS COMMISSION

141436

General Revenue Fund	141437

GRF	150904	Conservation General Obligation Debt Service	$	21,953,000	$	29,297,300	141438
GRF	150907	State Capital Improvements	$	106,770,600	$	215,571,100	141439
		General Obligation Debt Service					141440
TOTAL GRF General Revenue Fund			$	128,723,600	$	244,868,400	141441

Clean Ohio Conservation Fund Group	141442

7056	150403		Clean Ohio Operating Expenses		$	300,000		$	288,980		141443
TOTAL 056 Clean Ohio Conservation Fund Group					$	300,000		$	288,980		141444

TOTAL ALL BUDGET FUND GROUPS

129,023,600

245,157,380

141445

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

141446

The foregoing appropriation item 150904, Conservation General	141447
Obligation Debt Service, shall be used to pay all debt service and	141448
related financing costs during the period from July 1, 2011,	141449
through June 30, 2013, at the times they are required to be made	141450
for obligations issued under sections 151.01 and 151.09 of the	141451
Revised Code.	141452

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

141453

The foregoing appropriation item 150907, State Capital	141454
Improvements General Obligation Debt Service, shall be used to pay	141455
all debt service and related financing costs during the period	141456
from July 1, 2011, through June 30, 2013, at the times they are	141457
required to be made for obligations issued under sections 151.01	141458
and 151.08 of the Revised Code.	141459

CLEAN OHIO OPERATING EXPENSES

141460

The foregoing appropriation item 150403, Clean Ohio Operating	141461
Expenses, shall be used by the Ohio Public Works Commission in	141462
administering Clean Ohio Conservation Fund (Fund 7056) projects	141463
pursuant to sections 164.20 to 164.27 of the Revised Code.	141464

REIMBURSEMENT TO THE GENERAL REVENUE FUND

141465

(A) On or before July 15, 2013, the Director of the Public	141466
Works Commission shall certify to the Director of Budget and	141467
Management the following:	141468

(1) The total amount disbursed from appropriation item	141469
700409, Farmland Preservation, during the FY 2012-FY 2013	141470
biennium; and	141471

(2) The amount of interest earnings that have been credited	141472
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess	141473
of the amount needed for other purposes as calculated by the	141474
Director of the Public Works Commission.	141475

(B) If the Director of Budget and Management determines under	141476
division (A)(2) of this section that there are excess interest	141477
earnings, the Director of Budget and Management shall, on or	141478
before July 15, 2013, transfer the excess interest earnings to the	141479
General Revenue Fund in an amount equal to the total amount	141480
disbursed under division (A)(1) of this section from the Clean	141481
Ohio Conservation Fund (Fund 7056).	141482

Section 369.10. RAC STATE RACING COMMISSION

141483

State Special Revenue Fund Group	141484

5620	875601	Thoroughbred Race Fund	$	1,796,328	$	1,696,456	141485
5630	875602	Standardbred Development Fund	$	1,697,418	$	1,697,452	141486
5640	875603	Quarter Horse Development Fund	$	1,000	$	1,000	141487
5650	875604	Racing Commission Operating	$	3,095,331	$	2,934,178	141488
5C40	875607	Simulcast Horse Racing Purse	$	12,000,000	$	12,000,000	141489
TOTAL SSR State Special Revenue							141490
Fund Group			$	18,590,078	$	18,329,087	141491

Holding Account Redistribution Fund Group	141492

R021	875605	Bond Reimbursements	$	100,000	$	100,000	141493
TOTAL 090 Holding Account Redistribution							141494
Fund Group			$	100,000	$	100,000	141495
TOTAL ALL BUDGET FUND GROUPS			$	18,690,078	$	18,429,087	141496

Section 371.10. BOR BOARD OF REGENTS

141498

General Revenue Fund	141499

GRF	235321	Operating Expenses	$	2,300,000	$	2,300,000	141500
GRF	235401	Lease Rental Payments	$	83,151,600	$	57,634,400	141501
GRF	235402	Sea Grants	$	285,000	$	285,000	141502
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	141503
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	141504
GRF	235409	Information System	$	800,000	$	800,000	141505
GRF	235414	State Grants and Scholarship Administration	$	1,230,000	$	1,230,000	141506
GRF	235417	Ohio Learning Network	$	2,532,688	$	2,532,688	141507
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	141508
GRF	235433	Economic Growth Challenge	$	440,000	$	440,000	141509
GRF	235438	Choose Ohio First Scholarship	$	15,750,085	$	15,750,085	141510
GRF	235443	Adult Basic and Literacy Education - State	$	7,302,416	$	7,302,416	141511
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,317,547	$	15,317,547	141512
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	141513
GRF	235501	State Share of Instruction	$	1,735,530,031	$	1,751,225,497	141514
GRF	235502	Student Support Services	$	632,974	$	632,974	141515
GRF	235504	War Orphans Scholarships	$	4,787,833	$	4,787,833	141516
GRF	235507	OhioLINK	$	6,100,000	$	6,100,000	141517
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	141518
GRF	235510	Ohio Supercomputer Center	$	3,347,418	$	3,347,418	141519
GRF	235511	Cooperative Extension Service	$	22,220,910	$	22,220,910	141520
GRF	235514	Central State Supplement	$	11,503,651	$	10,928,468	141521
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	141522
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	141523
GRF	235520	Shawnee State Supplement	$	2,448,523	$	2,326,097	141524
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	141525
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	141526
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	141527
GRF	235535	Ohio Agricultural Research and Development Center	$	33,100,000	$	33,100,000	141528
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	141529
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	141530
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	141531
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	141532
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	141533
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	141534
GRF	235552	Capital Component	$	20,638,274	$	20,638,274	141535
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	141536
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	141537
GRF	235558	Long-term Care Research	$	195,300	$	195,300	141538
GRF	235563	Ohio College Opportunity Grant	$	80,284,265	$	80,284,265	141539
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	141540
GRF	235599	National Guard Scholarship Program	$	16,912,271	$	16,912,271	141541
GRF	235909	Higher Education General Obligation Debt Service	$	108,262,500	$	201,555,000	141542
TOTAL GRF General Revenue Fund			$	2,226,105,156	$	2,308,878,313	141543

General Services Fund Group	141544

2200	235614	Program Approval and Reauthorization	$	1,311,567	$	1,457,959	141545
4560	235603	Sales and Services	$	199,250	$	199,250	141546
5JC0	235649	Co-op Internship Program	$	14,000,000		14,000,000	141547
5JC0	235667	Ohio College Opportunity Grant-Proprietary	$	6,000,000	$	6,000,000	141548
TOTAL GSF General Services							141549
Fund Group			$	21,510,817	$	21,657,209	141550

Federal Special Revenue Fund Group	141551

3120	235609	Tech Prep	$	183,850	$	183,850	141552
3120	235611	Gear-up Grant	$	3,900,000	$	3,900,000	141553
3120	235612	Carl D. Perkins Grant/Plan Administration	$	912,961	$	912,961	141554
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	141555
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	141556
3120	235659	Race to the Top Scholarship Program	$	2,400,000	$	3,780,000	141557
3120	235660	Race to the Top Educator Preparation Reform Initiative	$	448,000	$	1,120,000	141558
3120	235661	Americorps Grant	$	260,000	$	260,000	141559
3H20	235608	Human Services Project	$	3,500,000	$	3,500,000	141560
3N60	235638	College Access Challenge Grant	$	4,381,431	$	4,381,431	141561
TOTAL FED Federal Special Revenue							141562
Fund Group			$	34,021,913	$	36,073,913	141563

State Special Revenue Fund Group	141564

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	141565
5FR0	235640	Joyce Foundation Grant	$	919,719	$	919,719	141566
5FR0	235647	Developmental Education Initiatives	$	135,000	$	135,000	141567
5FR0	235657	Win-Win Grant	$	37,000	$	15,000	141568
5P30	235663	Variable Savings Plan	$	8,946,994	$	9,072,136	141569
6450	235664	Guaranteed Savings Plan	$	900,293	$	907,514	141570
6820	235606	Nursing Loan Program	$	891,320	$	891,320	141571
TOTAL SSR State Special Revenue							141572
Fund Group			$	11,859,426	$	11,969,789	141573

Third Frontier Research & Development Fund Group	141574

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	141575
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	141576
TOTAL ALL BUDGET FUND GROUPS			$	2,301,497,312	$	2,386,579,224	141577

Section 371.10.10. LEASE RENTAL PAYMENTS

141579

The foregoing appropriation item 235401, Lease Rental	141580
Payments, shall be used to meet all payments at the times they are	141581
required to be made during the period from July 1, 2011, through	141582
June 30, 2013, by the Chancellor of the Board of Regents under	141583
leases and agreements made under section 154.21 of the Revised	141584
Code. These appropriations are the source of funds pledged for	141585
bond service charges or obligations issued pursuant to Chapter	141586
154. of the Revised Code.	141587

Section 371.10.20. SEA GRANTS

141588

The foregoing appropriation item 235402, Sea Grants, shall be	141589
used as required matching Funds by The Ohio State University's Sea	141590
Grant program to enhance the economic value, public utilization,	141591
and responsible management of Lake Erie and Ohio's coastal	141592
resources.	141593

Section 371.10.30. ARTICULATION AND TRANSFER

141594

The foregoing appropriation item 235406, Articulation and	141595
Transfer, shall be used by the Chancellor of the Board of Regents	141596
to maintain and expand the work of the Articulation and Transfer	141597
Council to develop a system of transfer policies to ensure that	141598
students at state institutions of higher education can transfer	141599
and have coursework apply to their majors and degrees at any other	141600
state institution of higher education without unnecessary	141601
duplication or institutional barriers under sections 3333.16,	141602
3333.161, and 3333.162 of the Revised Code.	141603

Section 371.10.40. MIDWEST HIGHER EDUCATION COMPACT

141604

The foregoing appropriation item 235408, Midwest Higher	141605
Education Compact, shall be distributed by the Chancellor of the	141606
Board of Regents under section 3333.40 of the Revised Code.	141607

Section 371.10.50. INFORMATION SYSTEM

141608

The foregoing appropriation item 235409, Information System,	141609
shall be used by the Chancellor of the Board of Regents to support	141610
the development and implementation of information technology	141611
solutions designed to improve the performance and services of the	141612
Chancellor of the Board of Regents and the University System of	141613
Ohio. Information technology solutions shall be provided by the	141614
Ohio Academic Research Network (OARnet).	141615

Section 371.10.60. STATE GRANTS AND SCHOLARSHIP	141616
ADMINISTRATION	141617

The foregoing appropriation item 235414, State Grants and	141618
Scholarship Administration, shall be used by the Chancellor of the	141619
Board of Regents to administer the following student financial aid	141620
programs: Ohio College Opportunity Grant, Ohio War Orphans'	141621
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety	141622
Officers College Memorial Fund, and any other student financial	141623
aid programs created by the General Assembly. The appropriation	141624
item also shall be used to support all state financial aid audits	141625
and student financial aid programs created by Congress, and to	141626
provide fiscal services for the Ohio National Guard Scholarship	141627
Program.	141628

Section 371.10.70. OHIO LEARNING NETWORK

141629

The foregoing appropriation item 235417, Ohio Learning	141630
Network, shall be used by the Chancellor of the Board of Regents	141631
to support the continued implementation of the Ohio Learning	141632
Network, a consortium organized under division (U) of section	141633
3333.04 of the Revised Code to expand access to dual enrollment	141634
opportunities for high school students, as well as adult and	141635
higher education opportunities through technology. The funds shall	141636
be used by the Ohio Learning Network to develop and promote	141637
learning and assessment through the use of technology, to test and	141638
provide advice on emerging learning-directed technologies, and to	141639
facilitate cost-effectiveness through shared educational	141640
technology investments.	141641

Of the foregoing appropriation item 235417, Ohio Learning	141642
Network, up to $250,000 in each fiscal year shall be used by the	141643
Chancellor of the Board of Regents to fund staff support and	141644
operations of the Ohio Digital Learning Task Force established in	141645
Section 371.60.80 of this act.	141646

Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP

141647

The foregoing appropriation item 235428, Appalachian New	141648
Economy Partnership, shall be distributed to Ohio University to	141649
continue a multi-campus and multi-agency coordinated effort to	141650
link Appalachia to the new economy. Ohio University shall use	141651
these funds to provide leadership in the development and	141652
implementation of initiatives in the areas of entrepreneurship,	141653
management, education, and technology.	141654

Section 371.10.90. ECONOMIC GROWTH CHALLENGE

141655

The foregoing appropriation item 235433, Economic Growth	141656
Challenge, shall be used for administrative expenses of the	141657
Research Incentive Program and other economic advancement	141658
initiatives undertaken by the Chancellor of the Board of Regents.	141659

The Chancellor of the Board of Regents shall use any	141660
appropriation transfer to the foregoing appropriation item 235433,	141661
Economic Growth Challenge, to enhance the basic research	141662
capabilities of public colleges and universities and accredited	141663
Ohio institutions of higher education holding certificates of	141664
authorization issued under section 1713.02 of the Revised Code, in	141665
order to strengthen academic research for pursuing Ohio's economic	141666
development goals.	141667

Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP

141668

The foregoing appropriation item 235438, Choose Ohio First	141669
Scholarship, shall be used to operate the program prescribed in	141670
sections 3333.60 to 3333.70 of the Revised Code.	141671

An amount equal to the unexpended, unencumbered portion of	141672
the foregoing appropriation item 235438, Choose Ohio First	141673
Scholarship, at the end of fiscal year 2012 is hereby	141674
reappropriated to the Board of Regents for the same purpose for	141675
fiscal year 2013.	141676

Section 371.20.20. ADULT BASIC AND LITERACY EDUCATION

141677

The foregoing appropriation item 235443, Adult Basic and	141678
Literacy Education - State, shall be used to support the adult	141679
basic and literacy education instructional grant program and state	141680
leadership program. The supported programs shall satisfy the state	141681
match and maintenance of effort requirements for the	141682
state-administered grant program.	141683

Section 371.20.30. POST-SECONDARY ADULT CAREER-TECHNICAL	141684
EDUCATION	141685

The foregoing appropriation item 235444, Post-Secondary Adult	141686
Career-Technical Education, shall be used by the Chancellor of the	141687
Board of Regents in each fiscal year to provide post-secondary	141688
adult career-technical education under sections 3313.52 and	141689
3313.53 of the Revised Code.	141690

Section 371.20.40. AREA HEALTH EDUCATION CENTERS

141691

The foregoing appropriation item 235474, Area Health	141692
Education Centers Program Support, shall be used by the Chancellor	141693
of the Board of Regents to support the medical school regional	141694
area health education centers' educational programs for the	141695
continued support of medical and other health professions	141696
education and for support of the Area Health Education Center	141697
Program.	141698

Section 371.20.50. STATE SHARE OF INSTRUCTION FORMULAS

141699

The Chancellor of the Board of Regents shall establish	141700
procedures to allocate the foregoing appropriation item 235501,	141701
State Share of Instruction, based on the formulas, enrollment,	141702
course completion, degree attainment, and student achievement	141703
factors in the instructional models set out in this section.	141704

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS

141705

(1) As soon as possible during each fiscal year of the	141706
biennium ending June 30, 2013, in accordance with instructions of	141707
the Board of Regents, each state-assisted institution of higher	141708
education shall report its actual enrollment, consistent with the	141709
definitions in the Higher Education Information (HEI) system's	141710
enrollment files, to the Chancellor of the Board of Regents.	141711

(2) In defining the number of full-time equivalent students	141712
for state subsidy purposes, the Chancellor of the Board of Regents	141713
shall exclude all undergraduate students who are not residents of	141714
Ohio, except those charged in-state fees in accordance with	141715
reciprocity agreements made under section 3333.17 of the Revised	141716
Code or employer contracts entered into under section 3333.32 of	141717
the Revised Code.	141718

(3) In calculating the core subsidy entitlements for	141719
university branch and main campuses, the Chancellor of the Board	141720
of Regents shall use the following count of FTE students:	141721

(a) The subsidy eligible enrollments by model shall equal	141722
only those FTE students who successfully complete the course as	141723
defined and reported through the Higher Education Information	141724
(HEI) system course enrollment file;	141725

(b) For those undergraduate FTE students with successful	141726
course completions, identified in division (A)(3)(a) of this	141727
section, that had an expected family contribution less than 2190	141728
or were determined to have been in need of remedial education	141729
shall be defined as at-risk students and shall have their eligible	141730
completions weighted by the following:	141731

(i) Campus-specific course completion rates by model;

141732

(ii) Campus-specific course completion indexes, where the	141733
indexes are calculated based upon the number of at-risk students	141734
enrolled during the 2009-2010 academic year; and	141735

(iii) A statewide average at-risk course completion weight	141736
determined for each subsidy model. The statewide average at-risk	141737
course completion weight shall be determined by calculating the	141738
difference between the percentage of traditional students who	141739
complete a course and the percentage of at-risk students who	141740
complete the same course.	141741

(4) In calculating the core subsidy entitlements for Medical	141742
II models only, students repeating terms may be no more than five	141743
per cent of current year enrollment.	141744

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

141745

For purposes of calculating state share of instruction	141746
allocations, the total instructional costs per full-time	141747
equivalent student shall be:	141748

Model	Fiscal Year 2012	Fiscal Year 2013	141749
ARTS AND HUMANITIES 1	$8,000	$8,207	141750
ARTS AND HUMANITIES 2	$10,757	$11,036	141751
ARTS AND HUMANITIES 3	$13,853	$14,212	141752
ARTS AND HUMANITIES 4	$20,228	$20,751	141753
ARTS AND HUMANITIES 5	$32,605	$33,449	141754
ARTS AND HUMANITIES 6	$38,027	$39,011	141755
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,124	$7,308	141756
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,164	$8,376	141757
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,430	$10,700	141758
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,406	$12,727	141759
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,267	$19,765	141760
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,684	$23,272	141761
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$29,426	$30,188	141762
MEDICAL 1	$51,214	$52,539	141763
MEDICAL 2	$46,876	$48,089	141764
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,306	$7,495	141765
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,242	$10,507	141766
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$12,242	$12,559	141767
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,592	$15,995	141768
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,250	$20,774	141769
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$22,357	$22,935	141770
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$28,000	$28,724	141771
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$37,731	$38,707	141772
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,676	$54,039	141773

Doctoral I and Doctoral II models shall be allocated in	141774
accordance with division (D)(2) of this section.	141775

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	141776
AND GRADUATE WEIGHTS	141777

For the purpose of implementing the recommendations of the	141778
State Share of Instruction Consultation and the Higher Education	141779
Funding Study Council that priority be given to maintaining state	141780
support for science, technology, engineering, mathematics,	141781
medicine, and graduate programs, the costs in division (B) of this	141782
section shall be weighted by the amounts provided below:	141783

Model	Fiscal Year 2012	Fiscal Year 2013	141784
ARTS AND HUMANITIES 1	1.0000	1.0000	141785
ARTS AND HUMANITIES 2	1.0000	1.0000	141786
ARTS AND HUMANITIES 3	1.0000	1.0000	141787
ARTS AND HUMANITIES 4	1.0000	1.0000	141788
ARTS AND HUMANITIES 5	1.0425	1.0425	141789
ARTS AND HUMANITIES 6	1.0425	1.0425	141790
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	141791
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	141792
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	141793
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	141794
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	141795
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	141796
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	141797
MEDICAL 1	1.6456	1.6456	141798
MEDICAL 2	1.7462	1.7462	141799
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	141800
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	141801
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	141802
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	141803
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	141804
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	141805
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	141806
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	141807
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	141808

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	141809
ENTITLEMENTS AND ADJUSTMENTS	141810

(1) Of the foregoing appropriation item 235501, State Share	141811
of Instruction, 7.5 per cent of the fiscal year 2012 appropriation	141812
and 10 per cent of the fiscal year 2013 appropriation for	141813
state-supported community colleges, state community colleges, and	141814
technical colleges shall be allocated to colleges in proportion to	141815
their share of college student success factors as adopted by the	141816
Chancellor of the Board of Regents in formal communication to the	141817
Controlling Board on August 30, 2010.	141818

(2) Of the foregoing appropriation item 235501, State Share	141819
of Instruction, up to 12.89 per cent of the appropriation for	141820
university main campuses in each fiscal year shall be reserved for	141821
support of doctoral programs to implement the funding	141822
recommendations made by representatives of the universities. The	141823
amount so reserved shall be referred to as the doctoral set-aside.	141824

The doctoral set-aside shall be allocated to universities as	141825
follows:	141826

(a) 70 per cent of the doctoral set-aside in fiscal year 2012	141827
and 60 per cent of the doctoral set-aside in fiscal year 2013	141828
shall be allocated to universities in proportion to their share of	141829
the total number of Doctoral I equivalent FTEs as calculated on an	141830
institutional basis using the greater of the two-year or five-year	141831
FTEs for the period fiscal year 1994 through fiscal year 1998 with	141832
annualized FTEs for fiscal years 1994 through 1997 and all-term	141833
FTEs for fiscal year 1998 as adjusted to reflect the effects of	141834
doctoral review and subsequent changes in Doctoral I equivalent	141835
enrollments. For the purposes of this calculation, Doctoral I	141836
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5	141837
times the sum of Doctoral II FTEs.	141838

(b) 15 per cent of the doctoral set-aside in fiscal year 2012	141839
and 20 per cent of the doctoral set-aside in fiscal year 2013	141840
shall be allocated to universities in proportion to each campus's	141841
share of the total statewide doctoral degrees, weighted by the	141842
cost of the doctoral discipline. In calculating each campus's	141843
doctoral degrees the Chancellor of the Board of Regents shall use	141844
the three-year average doctoral degrees awarded for the three-year	141845
period ending in the prior year.	141846

(c) 7.5 per cent of the doctoral set-aside in fiscal year	141847
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	141848
shall be allocated to universities in proportion to their share of	141849
research grant activity, using a data collection method that is	141850
reviewed and approved by the presidents of Ohio's doctoral degree	141851
granting universities. In the event that the data collection	141852
method is not available, funding for this component shall be	141853
allocated to universities in proportion to their share of research	141854
grant activity published by the National Science Foundation. Grant	141855
awards from the Department of Health and Human Services shall be	141856
weighted at 50 per cent.	141857

(d) 7.5 per cent of the doctoral set-aside in fiscal year	141858
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013	141859
shall be allocated to universities based on other quality measures	141860
that contribute to the advancement of quality doctoral programs.	141861
These other quality measures shall be identified by the Chancellor	141862
in consultation with universities. If for any reason metrics for	141863
distributing the quality component of the doctoral set-aside are	141864
not identified prior to the fiscal year allocation process, this	141865
portion of the doctoral set-aside funds shall be allocated to	141866
universities based on division (D)(2)(a) of this section.	141867

(3) Of the foregoing appropriation item 235501, State Share	141868
of Instruction, 7.01 per cent of the appropriation for university	141869
main campuses in each fiscal year shall be reserved for support of	141870
Medical II FTEs. The amount so reserved shall be referred to as	141871
the medical II set-aside.	141872

The medical II set-aside shall be allocated to universities	141873
in proportion to their share of the total number of Medical II	141874
FTEs as calculated in division (A) of this section, weighted by	141875
model cost.	141876

The Northeast Ohio Medical University may use funds from the	141877
addition of 35 medical students resulting from its partnership	141878
with Cleveland State University to establish the Northeast Ohio	141879
Medical University academic campus at Cleveland State University	141880
to enable 50 per cent or more of the medical curriculum to be	141881
based in Cleveland at Cleveland State University, local hospitals,	141882
and community- and neighborhood-based primary care clinics.	141883
Cleveland State University shall not receive state capital	141884
appropriations to pay for facilities for the academic campus.	141885

(4) Of the foregoing appropriation item 235501, State Share	141886
of Instruction, 1.61 per cent of the appropriation for university	141887
main campuses in each fiscal year shall be reserved for support of	141888
Medical I FTEs. The amount so reserved shall be referred to as the	141889
medical I set-aside.	141890

The medical I set-aside shall be allocated to universities in	141891
proportion to their share of the total number of Medical I FTEs as	141892
calculated in division (A) of this section.	141893

(5) Of the foregoing appropriation item 235501, State Share	141894
of Instruction, 15 per cent of the fiscal year 2012 appropriation	141895
for university main campuses and 20 per cent of the fiscal year	141896
2013 appropriation for university main campuses shall be reserved	141897
for support of associate, baccalaureate, master's, and	141898
professional level degree attainment.	141899

The degree attainment funding shall be allocated to	141900
universities in proportion to each campus's share of the total	141901
statewide degrees granted, weighted by the cost of the degree	141902
programs.	141903

In calculating the subsidy entitlements for degree attainment	141904
at university main campuses, the Chancellor of the Board of	141905
Regents shall use the following count of degrees and degree costs:	141906

(a) For those associate degrees awarded by a state-supported	141907
university, the subsidy eligible degrees granted are defined as	141908
only those earned by students attending a university that received	141909
funding under GRF appropriation item 235418, Access Challenge, in	141910
fiscal year 2009.	141911

(b) For professional law and legal studies degrees awarded by	141912
a state-supported university, the subsidy-eligible degrees at each	141913
institution shall equal no more than the following:	141914

University of Akron	132	141915
University of Cincinnati	90	141916
Cleveland State University	192	141917
The Ohio State University	149	141918
University of Toledo	134	141919

(c) In calculating each campus's count of degrees, the	141920
Chancellor of the Board of Regents shall use the three-year	141921
average associate, baccalaureate, master's, and professional	141922
degrees awarded for the three-year period ending in the prior	141923
year.	141924

(d) Eligible associate degrees defined in division (D)(5)(a)	141925
of this section and all bachelor's degrees earned by a student	141926
that either had an expected family contribution less than 2190,	141927
was determined to have been in need of remedial education, is	141928
Native American, African American, or Hispanic, or is at least age	141929
26 at the time of graduation, shall be defined as degrees earned	141930
by an at-risk student and shall be weighted by the following:	141931

(i) A campus-specific degree completion index, where the	141932
index is calculated based on the number of at-risk students	141933
enrolled during a two-year degree cohort beginning in fiscal year	141934
2000 or 2001 and earning a degree in eight years or less; and	141935

(ii) A statewide average at-risk completion weight determined	141936
by calculating the difference between the percentage of	141937
traditional students who earned a degree and the percentage of	141938
at-risk students who earned a degree during the same time period.	141939

(6) Each campus's state share of instruction base formula	141940
earnings shall be determined as follows:	141941

(a) For each campus in each fiscal year, the instructional	141942
costs shall be determined by multiplying the amounts listed above	141943
in divisions (B) and (C) of this section by (i) average	141944
subsidy-eligible FTEs for the two-year period ending in the prior	141945
year for all models except Doctoral I and Doctoral II; and (ii)	141946
average subsidy-eligible FTEs for the five-year period ending in	141947
the prior year for all models except Doctoral I and Doctoral II.	141948

(b) The Chancellor of the Board of Regents shall compute the	141949
two calculations listed in division (D)(6)(a) of this section and	141950
use the greater amount as each campus's instructional costs.	141951

(c) The Chancellor of the Board of Regents shall compute a	141952
uniform state share of instructional costs for each sector.	141953

(i) For the state-supported community colleges, state	141954
community colleges, and technical colleges, the Chancellor of the	141955
Board of Regents shall compute the uniform state share of	141956
instructional costs by dividing the sector level appropriation	141957
total as determined by the Chancellor in division (A)(1) of	141958
Section 371.20.60 of this act and adjusted pursuant to divisions	141959
(B) and (C) of Section 371.20.60 of this act, less the student	141960
college success allocation as described in division (D)(1) of this	141961
section, by the sum of all eligible campuses' instructional costs	141962
as calculated in division (D)(6)(b) of this section.	141963

(ii) For the state-supported university branch campuses, the	141964
Chancellor of the Board of Regents shall compute the uniform state	141965
share of instructional costs by dividing the sector level	141966
appropriation, as determined by the Chancellor in division (A)(2)	141967
of Section 371.20.60 of this act and adjusted pursuant to division	141968
(B) of Section 371.20.60 of this act by the sum of all campuses'	141969
instructional costs as calculated in division (D)(6)(b) of this	141970
section.	141971

(iii) For the state-supported university main campuses, the	141972
Chancellor of the Board of Regents shall compute the uniform state	141973
share of instructional costs by dividing the sector level	141974
appropriation, as determined by the Chancellor in division (A)(3)	141975
of Section 371.20.60 of this act and adjusted pursuant to division	141976
(B) of Section 371.20.60 of this act, less the doctoral set-aside,	141977
less the medical I set-aside, less the medical II set-aside, and	141978
less the degree attainment funding as calculated in divisions	141979
(D)(2) to (5) of this section, by the sum of all campuses'	141980
instructional costs as calculated in division (D)(6)(b) of this	141981
section.	141982

(d) The formula entitlement for each sector's campuses shall	141983
be determined by multiplying the uniform state share of	141984
instructional costs calculated in division (D)(6)(c) of this	141985
section by the campus's instructional cost determined in division	141986
(D)(6)(b) of this section.	141987

(7) In addition to the student success allocation, doctoral	141988
set-aside, medical I set-aside, medical II set-aside, and the	141989
degree attainment allocation determined in divisions (D)(1) to (5)	141990
of this section and the formula entitlement determined in division	141991
(D)(6) of this section, an allocation based on facility-based	141992
plant operations and maintenance (POM) subsidy shall be made. For	141993
each eligible campus, the amount of the POM allocation in each	141994
fiscal year shall be distributed based on what each campus	141995
received in the fiscal year 2009 POM allocation.	141996

Any POM allocations required by this division shall be funded	141997
by proportionately reducing formula entitlement earnings,	141998
including the POM allocations, for all campuses in that sector.	141999

(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING

142000

(a) In addition to and after the adjustments noted above, in	142001
fiscal year 2012, no campus shall receive a state share of	142002
instruction allocation that is less than the lesser of the	142003
following two amounts, net of funding for the medical II	142004
set-aside:	142005

(i) The prior year's state share of instruction amount	142006
reduced by 3 per cent, or	142007

(ii) The prior year's state share of instruction amount	142008
reduced by a percentage equal to the percentage change from the	142009
prior year in the campus's sector's state share of instruction	142010
funding minus three percentage points. Funds shall be made	142011
available to support this allocation by proportionately reducing	142012
formula entitlement earnings from those campuses, within each	142013
sector, that are not receiving stability funding.	142014

(b) In fiscal year 2013, in addition to and after the	142015
adjustments noted above, no campus shall receive a state share of	142016
instruction allocation that is less than the lesser of the	142017
following two amounts, net of funding for the medical II	142018
set-aside:	142019

(i) The prior year's state share of instruction amount	142020
reduced by 4 per cent, or	142021

(ii) The prior year's state share of instruction amount	142022
reduced by a percentage equal to the percentage change from the	142023
prior year in the campus's sector's state share of instruction	142024
funding minus four percentage points. Funds shall be made	142025
available to support this allocation by proportionately reducing	142026
formula entitlement earnings from those campuses, within each	142027
sector, that are not receiving stability funding.	142028

(c) For main campus universities that operate a medical	142029
school, in fiscal year 2012 no campus shall receive an allocation	142030
for the medical II set-aside that is less than the lesser of the	142031
following amounts:	142032

(i) The prior year's allocation for the medical II set-aside	142033
reduced by 2 per cent, or	142034

(ii) The prior year's allocation for the medical II set-aside	142035
reduced by a percentage equal to the percentage change from the	142036
prior year in the total medical II set-aside minus two percentage	142037
points. Funds shall be made available to support this allocation	142038
by proportionately reducing formula entitlement earnings from	142039
public medical schools, within each sector, that are not receiving	142040
stability funding.	142041

(d) In fiscal year 2013, no main campus university that	142042
operates a medical school shall receive an allocation for the	142043
medical II set-aside that is less than 97 per cent of the prior	142044
year's allocation for the medical II set-aside. Funds shall be	142045
made available to support this allocation by proportionately	142046
reducing formula entitlement earnings from public medical schools,	142047
within each sector, that are not receiving stability funding.	142048

(9) CAPITAL COMPONENT DEDUCTION

142049

After all other adjustments have been made, state share of	142050
instruction earnings shall be reduced for each campus by the	142051
amount, if any, by which debt service charged in Am. H.B. 748 of	142052
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	142053
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	142054
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	142055
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	142056
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	142057
562 of the 127th General Assembly for that campus exceeds that	142058
campus's capital component earnings. The sum of the amounts	142059
deducted shall be transferred to appropriation item 235552,	142060
Capital Component, in each fiscal year.	142061

(E) EXCEPTIONAL CIRCUMSTANCES

142062

Adjustments may be made to the state share of instruction	142063
payments and other subsidies distributed by the Chancellor of the	142064
Board of Regents to state-assisted colleges and universities for	142065
exceptional circumstances. No adjustments for exceptional	142066
circumstances may be made without the recommendation of the	142067
Chancellor and the approval of the Controlling Board.	142068

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	142069
INSTRUCTION	142070

The standard provisions of the state share of instruction	142071
calculation as described in the preceding sections of temporary	142072
law shall apply to any reductions made to appropriation item	142073
235501, State Share of Instruction, before the Chancellor of the	142074
Board of Regents has formally approved the final allocation of the	142075
state share of instruction funds for any fiscal year.	142076

Any reductions made to appropriation item 235501, State Share	142077
of Instruction, after the Chancellor of the Board of Regents has	142078
formally approved the final allocation of the state share of	142079
instruction funds for any fiscal year, shall be uniformly applied	142080
to each campus in proportion to its share of the final allocation.	142081

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

142082

The state share of instruction payments to the institutions	142083
shall be in substantially equal monthly amounts during the fiscal	142084
year, unless otherwise determined by the Director of Budget and	142085
Management pursuant to section 126.09 of the Revised Code.	142086
Payments during the first six months of the fiscal year shall be	142087
based upon the state share of instruction appropriation estimates	142088
made for the various institutions of higher education according to	142089
the Chancellor of the Board of Regents enrollment estimates.	142090
Payments during the last six months of the fiscal year shall be	142091
distributed after approval of the Controlling Board upon the	142092
request of the Chancellor.	142093

Section 371.20.60. STATE SHARE OF INSTRUCTION FOR FISCAL	142094
YEARS 2012 AND 2013	142095

(A) The foregoing appropriation item 235501, State Share of	142096
Instruction, shall be distributed according to the section of this	142097
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."	142098

(1) Of the foregoing appropriation item 235501, State Share	142099
of Instruction, $400,039,672 in fiscal year 2012 and $403,657,477	142100
in fiscal year 2013 shall be distributed to state-supported	142101
community colleges, state community colleges, and technical	142102
colleges.	142103

(2) Of the foregoing appropriation item 235501, State Share	142104
of Instruction, $115,139,824 in fiscal year 2012 and $116,181,104	142105
in fiscal year 2013 shall be distributed to state-supported	142106
university branch campuses.	142107

(3) Of the foregoing appropriation item 235501, State Share	142108
of Instruction, $1,220,350,535 in fiscal year 2012 and	142109
$1,231,386,916 in fiscal year 2013 shall be distributed to	142110
state-supported university main campuses.	142111

(B) Of the amounts earmarked in division (A) of this section,	142112
$60,996,059 in each fiscal year shall be distributed to eligible	142113
colleges and universities based on each campus's share of the	142114
appropriation item 235418, Access Challenge, in fiscal year 2009.	142115

(C) Of the amount earmarked in division (A)(1) of this	142116
section, $10,323,056 in each fiscal year shall be distributed	142117
among state-supported community colleges, state community	142118
colleges, and technical colleges in an amount equal to the amount	142119
each institution received in fiscal year 2009 from the	142120
supplemental tuition subsidy earmarked under Section 375.30.25 of	142121
H.B. 119 of the 127th General Assembly.	142122

(D) The state share of instruction payments to the	142123
institutions shall be in substantially equal monthly amounts	142124
during the fiscal year, unless otherwise determined by the	142125
Director of Budget and Management pursuant to section 126.09 of	142126
the Revised Code. Payments during the last six months of the	142127
fiscal year shall be distributed after approval of the Controlling	142128
Board upon the request of the Chancellor of the Board of Regents.	142129

Section 371.20.65. TRANSFER OF INSTRUCTIONAL SUBSIDIES	142130
BETWEEN UNIVERSITIES	142131

Notwithstanding any provision of law to the contrary, in	142132
consultation with the Chancellor of the Board of Regents, a	142133
state-supported university may request to transfer state share of	142134
instruction subsidy allocations of the foregoing appropriation	142135
item 235501, State Share of Instruction, between a university main	142136
campus and any university branch campus for which the university	142137
main campus is affiliated to best accomplish institutional goals	142138
and objectives. At the request of the Chancellor of the Board of	142139
Regents, the Director of Budget and Management may transfer the	142140
requested amounts of state share of instruction appropriation	142141
allocations between affiliated university branch campuses and	142142
university main campuses.	142143

Section 371.20.70. RESTRICTION ON FEE INCREASES

142144

The boards of trustees of state-assisted institutions of	142145
higher education shall restrain increases in in-state	142146
undergraduate instructional and general fees. Each state	142147
university, university branch, and the Northeast Ohio Medical	142148
University shall not increase its in-state undergraduate	142149
instructional and general fees more than 3.5 per cent over what	142150
the institution charged for the preceding academic year.	142151

Each community college, state community college, and	142152
technical college shall not increase its in-state undergraduate	142153
instructional and general fees by more than $200 more than the	142154
institution charged for the preceding academic year.	142155

These limitations shall not apply to increases required to	142156
comply with institutional covenants related to their obligations	142157
or to meet unfunded legal mandates or legally binding obligations	142158
incurred or commitments made prior to the effective date of this	142159
section with respect to which the institution had identified such	142160
fee increases as the source of funds. Any increase required by	142161
such covenants and any such mandates, obligations, or commitments	142162
shall be reported by the Chancellor of the Board of Regents to the	142163
Controlling Board. These limitations may also be modified by the	142164
Chancellor of the Board of Regents, with the approval of the	142165
Controlling Board, to respond to exceptional circumstances as	142166
identified by the Chancellor of the Board of Regents.	142167

Section 371.20.80. HIGHER EDUCATION - BOARD OF TRUSTEES

142168

(A) Funds appropriated for instructional subsidies at	142169
colleges and universities may be used to provide such branch or	142170
other off-campus undergraduate courses of study and such master's	142171
degree courses of study as may be approved by the Chancellor of	142172
the Board of Regents.	142173

(B) In providing instructional and other services to	142174
students, boards of trustees of state-assisted institutions of	142175
higher education shall supplement state subsidies with income from	142176
charges to students. Except as otherwise provided in this act,	142177
each board shall establish the fees to be charged to all students,	142178
including an instructional fee for educational and associated	142179
operational support of the institution and a general fee for	142180
noninstructional services, including locally financed student	142181
services facilities used for the benefit of enrolled students. The	142182
instructional fee and the general fee shall encompass all charges	142183
for services assessed uniformly to all enrolled students. Each	142184
board may also establish special purpose fees, service charges,	142185
and fines as required; such special purpose fees and service	142186
charges shall be for services or benefits furnished individual	142187
students or specific categories of students and shall not be	142188
applied uniformly to all enrolled students. A tuition surcharge	142189
shall be paid by all students who are not residents of Ohio.	142190

The board of trustees of a state-assisted institution of	142191
higher education shall not authorize a waiver or nonpayment of	142192
instructional fees or general fees for any particular student or	142193
any class of students other than waivers specifically authorized	142194
by law or approved by the Chancellor. This prohibition is not	142195
intended to limit the authority of boards of trustees to provide	142196
for payments to students for services rendered the institution,	142197
nor to prohibit the budgeting of income for staff benefits or for	142198
student assistance in the form of payment of such instructional	142199
and general fees.	142200

Each state-assisted institution of higher education in its	142201
statement of charges to students shall separately identify the	142202
instructional fee, the general fee, the tuition charge, and the	142203
tuition surcharge. Fee charges to students for instruction shall	142204
not be considered to be a price of service but shall be considered	142205
to be an integral part of the state government financing program	142206
in support of higher educational opportunity for students.	142207

(C) The boards of trustees of state-assisted institutions of	142208
higher education shall ensure that faculty members devote a proper	142209
and judicious part of their work week to the actual instruction of	142210
students. Total class credit hours of production per academic term	142211
per full-time faculty member is expected to meet the standards set	142212
forth in the budget data submitted by the Chancellor of the Board	142213
of Regents.	142214

(D) The authority of government vested by law in the boards	142215
of trustees of state-assisted institutions of higher education	142216
shall in fact be exercised by those boards. Boards of trustees may	142217
consult extensively with appropriate student and faculty groups.	142218
Administrative decisions about the utilization of available	142219
resources, about organizational structure, about disciplinary	142220
procedure, about the operation and staffing of all auxiliary	142221
facilities, and about administrative personnel shall be the	142222
exclusive prerogative of boards of trustees. Any delegation of	142223
authority by a board of trustees in other areas of responsibility	142224
shall be accompanied by appropriate standards of guidance	142225
concerning expected objectives in the exercise of such delegated	142226
authority and shall be accompanied by periodic review of the	142227
exercise of this delegated authority to the end that the public	142228
interest, in contrast to any institutional or special interest,	142229
shall be served.	142230

Section 371.20.90. STUDENT SUPPORT SERVICES

142231

The foregoing appropriation item 235502, Student Support	142232
Services, shall be distributed by the Chancellor of the Board of	142233
Regents to Ohio's state-assisted colleges and universities that	142234
incur disproportionate costs in the provision of support services	142235
to disabled students.	142236

Section 371.30.10. WAR ORPHANS SCHOLARSHIPS

142237

The foregoing appropriation item 235504, War Orphans	142238
Scholarships, shall be used to reimburse state-assisted	142239
institutions of higher education for waivers of instructional fees	142240
and general fees provided by them, to provide grants to	142241
institutions that have received a certificate of authorization	142242
from the Chancellor of the Board of Regents under Chapter 1713. of	142243
the Revised Code, in accordance with the provisions of section	142244
5910.04 of the Revised Code, and to fund additional scholarship	142245
benefits provided by section 5910.032 of the Revised Code.	142246

An amount equal to the unexpended, unencumbered portion of	142247
the foregoing appropriation item 235504, War Orphans Scholarships,	142248
at the end of fiscal year 2012 is hereby reappropriated to the	142249
Board of Regents for the same purpose for fiscal year 2013.	142250

Section 371.30.20. OHIOLINK

142251

The foregoing appropriation item 235507, OhioLINK, shall be	142252
used by the Chancellor of the Board of Regents to support	142253
OhioLINK, a consortium organized under division (U) of section	142254
3333.04 of the Revised Code to serve as the state's electronic	142255
library information and retrieval system, which provides access	142256
statewide to an extensive set of electronic databases and	142257
resources and the library holdings of Ohio's public and	142258
participating private nonprofit colleges and universities, and the	142259
State Library of Ohio.	142260

Section 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY

142261

The foregoing appropriation item 235508, Air Force Institute	142262
of Technology, shall be used by the director of the Air Force	142263
Institute to: (A) strengthen the research and educational linkages	142264
between the Wright Patterson Air Force Base and institutions of	142265
higher education in Ohio; and (B) support the Dayton Area Graduate	142266
Studies Institute, an engineering graduate consortium of Wright	142267
State University, the University of Dayton, and the Air Force	142268
Institute of Technology, with the participation of the University	142269
of Cincinnati and The Ohio State University.	142270

Section 371.30.40. OHIO SUPERCOMPUTER CENTER

142271

The foregoing appropriation item 235510, Ohio Supercomputer	142272
Center, shall be used by the Chancellor of the Board of Regents to	142273
support the operation of the Ohio Supercomputer Center, a	142274
consortium organized under division (U) of section 3333.04 of the	142275
Revised Code, located at The Ohio State University. The Ohio	142276
Supercomputer Center is a statewide resource available to Ohio	142277
research universities both public and private. It is also intended	142278
that the center be made accessible to private industry as	142279
appropriate.	142280

Funds shall be used, in part, to support the Ohio	142281
Supercomputer Center's Computational Science Initiative, which	142282
includes its industrial outreach program, Blue Collar Computing,	142283
and its School of Computational Science. These collaborations	142284
between the Ohio Supercomputer Center and Ohio's colleges and	142285
universities shall be aimed at making Ohio a leader in using	142286
computer modeling to promote economic development.	142287

Section 371.30.50. COOPERATIVE EXTENSION SERVICE

142288

The foregoing appropriation item 235511, Cooperative	142289
Extension Service, shall be disbursed through the Chancellor of	142290
the Board of Regents to The Ohio State University in monthly	142291
payments, unless otherwise determined by the Director of Budget	142292
and Management under section 126.09 of the Revised Code.	142293

Section 371.30.60. CENTRAL STATE SUPPLEMENT

142294

The Chancellor of the Board of Regents shall, in consultation	142295
with Central State University, develop a plan whereby the	142296
foregoing appropriation item 235514, Central State Supplement,	142297
shall be used in a manner consistent with the goals of increasing	142298
enrollment, improving course completion, and increasing the number	142299
of degrees conferred. The Chancellor shall submit a summary of the	142300
plan to the Speaker of the House of Representatives, the President	142301
of the Senate, and the Governor by December 31, 2011.	142302

The foregoing appropriation item 235514, Central State	142303
Supplement, shall be disbursed by the Chancellor of the Board of	142304
Regents to Central State University. The first two disbursements	142305
in fiscal year 2012 shall be made on a quarterly basis. Beginning	142306
January 1, 2012, the funds shall be disbursed to Central State	142307
University in accordance with the plan developed by the Chancellor	142308
under this section.	142309

The Chancellor shall monitor the implementation of the plan	142310
and the use of funds. Central State University shall provide any	142311
information requested by the Chancellor related to the	142312
implementation of the plan. If the Chancellor determines that	142313
Central State University's use of supplemental funds is not in	142314
accordance with the plan or if the plan is not having the desired	142315
effect, the Chancellor may notify Central State University that	142316
the plan is suspended. Upon receiving such notice, Central State	142317
University shall avoid all unnecessary expenditures under the	142318
plan. The Chancellor shall notify the Controlling Board of the	142319
suspension of the plan and within sixty days prepare a new plan	142320
for the use of any remaining funds.	142321

Section 371.30.70. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	142322
MEDICINE	142323

The foregoing appropriation item 235515, Case Western Reserve	142324
University School of Medicine, shall be disbursed to Case Western	142325
Reserve University through the Chancellor of the Board of Regents	142326
in accordance with agreements entered into under section 3333.10	142327
of the Revised Code, provided that the state support per full-time	142328
medical student shall not exceed that provided to full-time	142329
medical students at state universities.	142330

Section 371.30.80. FAMILY PRACTICE

142331

The Chancellor of the Ohio Board of Regents shall develop	142332
plans consistent with existing criteria and guidelines as may be	142333
required for the distribution of appropriation item 235519, Family	142334
Practice.	142335

Section 371.30.90. SHAWNEE STATE SUPPLEMENT

142336

The Chancellor of the Board of Regents shall, in consultation	142337
with Shawnee State University, develop a plan whereby the	142338
foregoing appropriation item 235520, Shawnee State Supplement,	142339
shall be used in a manner consistent with the goals of improving	142340
course completion, increasing the number of degrees conferred, and	142341
furthering the university's mission of service to the Appalachian	142342
region. The Chancellor shall submit a summary of the plan to the	142343
Speaker of the House of Representatives, the President of the	142344
Senate, and the Governor by December 31, 2011.	142345

The foregoing appropriation item 235520, Shawnee State	142346
Supplement, shall be disbursed by the Chancellor of the Board of	142347
Regents to Shawnee State University. The first two disbursements	142348
in fiscal year 2012 shall be made on a quarterly basis. Beginning	142349
January 1, 2012, the funds shall be disbursed to Shawnee State	142350
University in accordance with the plan developed by the Chancellor	142351
under this section.	142352

The Chancellor shall monitor the implementation of the plan	142353
and the use of funds. Shawnee State University shall provide any	142354
information requested by the Chancellor related to the	142355
implementation of the plan. If the Chancellor determines that	142356
Shawnee State University's use of supplemental funds is not in	142357
accordance with the plan or if the plan is not having the desired	142358
effect, the Chancellor may notify Shawnee State University that	142359
the plan is suspended. Upon receiving such notice, Shawnee State	142360
University shall avoid all unnecessary expenditures under the	142361
plan. The Chancellor shall notify the Controlling Board of the	142362
suspension of the plan and within sixty days prepare a new plan	142363
for the use of any remaining funds.	142364

Section 371.40.10. POLICE AND FIRE PROTECTION

142365

The foregoing appropriation item 235524, Police and Fire	142366
Protection, shall be used for police and fire services in the	142367
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	142368
Portsmouth, Xenia Township (Greene County), Rootstown Township,	142369
and the City of Nelsonville that may be used to assist these local	142370
governments in providing police and fire protection for the	142371
central campus of the state-affiliated university located therein.	142372

Section 371.40.20. GERIATRIC MEDICINE

142373

The Chancellor of the Board of Regents shall develop plans	142374
consistent with existing criteria and guidelines as may be	142375
required for the distribution of appropriation item 235525,	142376
Geriatric Medicine.	142377

Section 371.40.30. PRIMARY CARE RESIDENCIES

142378

The Chancellor of the Board of Regents shall develop plans	142379
consistent with existing criteria and guidelines as may be	142380
required for the distribution of appropriation item 235526,	142381
Primary Care Residencies.	142382

The foregoing appropriation item 235526, Primary Care	142383
Residencies, shall be distributed in each fiscal year of the	142384
biennium, based on whether or not the institution has submitted	142385
and gained approval for a plan. If the institution does not have	142386
an approved plan, it shall receive five per cent less funding per	142387
student than it would have received from its annual allocation.	142388
The remaining funding shall be distributed among those	142389
institutions that meet or exceed their targets.	142390

Section 371.40.40. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	142391
CENTER	142392

The foregoing appropriation item 235535, Ohio Agricultural	142393
Research and Development Center, shall be disbursed through the	142394
Chancellor of the Board of Regents to The Ohio State University in	142395
monthly payments, unless otherwise determined by the Director of	142396
Budget and Management under section 126.09 of the Revised Code.	142397
The Ohio Agricultural Research and Development Center shall not be	142398
required to remit payment to The Ohio State University during the	142399
biennium ending June 30, 2013, for cost reallocation assessments.	142400
The cost reallocation assessments include, but are not limited to,	142401
any assessment on state appropriations to the Center.	142402

The Ohio Agricultural Research and Development Center, an	142403
entity of the College of Food, Agricultural, and Environmental	142404
Sciences of The Ohio State University, shall further its mission	142405
of enhancing Ohio's economic development and job creation by	142406
continuing to internally allocate on a competitive basis	142407
appropriated funding of programs based on demonstrated	142408
performance. Academic units, faculty, and faculty-driven programs	142409
shall be evaluated and rewarded consistent with agreed-upon	142410
performance expectations as called for in the College's	142411
Expectations and Criteria for Performance Assessment.	142412

Section 371.40.50. STATE UNIVERSITY CLINICAL TEACHING

142413

The foregoing appropriation items 235536, The Ohio State	142414
University Clinical Teaching; 235537, University of Cincinnati	142415
Clinical Teaching; 235538, University of Toledo Clinical Teaching;	142416
235539, Wright State University Clinical Teaching; 235540, Ohio	142417
University Clinical Teaching; and 235541, Northeast Ohio Medical	142418
University Clinical Teaching, shall be distributed through the	142419
Chancellor of the Board of Regents.	142420

Section 371.40.60. CAPITAL COMPONENT

142421

The foregoing appropriation item 235552, Capital Component,	142422
shall be used by the Chancellor of the Board of Regents to	142423
implement the capital funding policy for state-assisted colleges	142424
and universities established in Am. H.B. 748 of the 121st General	142425
Assembly. Appropriations from this item shall be distributed to	142426
all campuses for which the estimated campus debt service	142427
attributable to new qualifying capital projects is less than the	142428
campus's formula-determined capital component allocation. Campus	142429
allocations shall be determined by subtracting the estimated	142430
campus debt service attributable to new qualifying capital	142431
projects from the campus's formula-determined capital component	142432
allocation. Moneys distributed from this appropriation item shall	142433
be restricted to capital-related purposes.	142434

Any campus for which the estimated campus debt service	142435
attributable to qualifying capital projects is greater than the	142436
campus's formula-determined capital component allocation shall	142437
have the difference subtracted from its State Share of Instruction	142438
allocation in each fiscal year. Appropriation equal to the sum of	142439
all such amounts except that of the Ohio Agricultural Research and	142440
Development Center shall be transferred from appropriation item	142441
235501, State Share of Instruction, to appropriation item 235552,	142442
Capital Component. Appropriation equal to any estimated Ohio	142443
Agricultural Research and Development Center debt service	142444
attributable to qualifying capital projects that is greater than	142445
the Center's formula-determined capital component allocation shall	142446
be transferred from appropriation item 235535, Ohio Agricultural	142447
Research and Development Center, to appropriation item 235552,	142448
Capital Component.	142449

Section 371.40.70. LIBRARY DEPOSITORIES

142450

The foregoing appropriation item, 235555, Library	142451
Depositories, shall be distributed to the state's five regional	142452
depository libraries for the cost-effective storage of and access	142453
to lesser-used materials in university library collections. The	142454
depositories shall be administrated by the Chancellor of the Board	142455
of Regents, or by OhioLINK at the discretion of the Chancellor.	142456

Section 371.40.80. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

142457

The foregoing appropriation item 235556, Ohio Academic	142458
Resources Network, shall be used by the Chancellor of the Board of	142459
Regents to support the operations of the Ohio Academic Resources	142460
Network, a consortium organized under division (U) of section	142461
3333.04 of the Revised Code, which shall include support for	142462
Ohio's colleges and universities in maintaining and enhancing	142463
network connections, using new network technologies to improve	142464
research, education, and economic development programs, and	142465
sharing information technology services. To the extent network	142466
capacity is available, OARnet shall support allocating bandwidth	142467
to eligible programs directly supporting Ohio's economic	142468
development.	142469

Section 371.40.90. LONG-TERM CARE RESEARCH

142470

The foregoing appropriation item 235558, Long-term Care	142471
Research, shall be disbursed to Miami University for long-term	142472
care research.	142473

Section 371.50.10. OHIO COLLEGE OPPORTUNITY GRANT

142474

(A) Except as provided in division (C) of this section:

142475

Of the foregoing appropriation item 235563, Ohio College	142476
Opportunity Grant, $37,000,000 in each fiscal year shall be used	142477
by the Chancellor of the Board of Regents to award need-based	142478
financial aid to students enrolled in eligible four-year public	142479
institutions of higher education, excluding early college high	142480
school and post-secondary enrollment option participants.	142481

Of the foregoing appropriation item 235563, Ohio College	142482
Opportunity Grant, $41,000,000 in each fiscal year shall be used	142483
by the Chancellor of the Board of Regents to award need-based	142484
financial aid to students enrolled in eligible four-year private	142485
nonprofit institutions of higher education, excluding early	142486
college high school and post-secondary enrollment option	142487
participants.	142488

The remainder of the foregoing appropriation item 235563,	142489
Ohio College Opportunity Grant, shall be used by the Chancellor of	142490
the Board of Regents to award needs-based financial aid to	142491
students enrolled in eligible private for-profit career colleges	142492
and schools.	142493

An amount equal to the unexpended, unencumbered portion of	142494
the foregoing appropriation item 235563, Ohio College Opportunity	142495
Grant, at the end of fiscal year 2012 is hereby reappropriated to	142496
the Board of Regents for the same purpose for fiscal year 2013.	142497

(B)(1) As used in this section:

142498

(a) "Eligible institution" means any institution described in	142499
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised	142500
Code.	142501

(b) The three "sectors" of institutions of higher education	142502
consist of the following:	142503

(i) State colleges and universities, community colleges,	142504
state community colleges, university branches, and technical	142505
colleges;	142506

(ii) Eligible private nonprofit institutions of higher	142507
education;	142508

(iii) Eligible private for-profit career colleges and	142509
schools.	142510

(2) If the Chancellor determines that the amounts	142511
appropriated for support of the Ohio College Opportunity Grant	142512
program are inadequate to provide grants to all eligible students	142513
as calculated under division (D) of section 3333.122 of the	142514
Revised Code, the Chancellor may create a distribution formula for	142515
fiscal year 2012 and fiscal year 2013 based on the formula used in	142516
fiscal year 2011, or may follow methods established in division	142517
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The	142518
Chancellor shall notify the Controlling Board of the distribution	142519
method. Any formula calculated under this division shall be	142520
complete and established to coincide with the start of the	142521
2011-2012 academic year.	142522

(C) Prior to determining the amount of funds available to	142523
award under this section and section 3333.122 of the Revised Code,	142524
the Chancellor shall use the foregoing appropriation item 235563,	142525
Ohio College Opportunity Grant, to pay for renewals or partial	142526
renewals of scholarships students receive under the Ohio Academic	142527
Scholarship Program under sections 3333.21 and 3333.22 of the	142528
Revised Code. In paying for scholarships under this division, the	142529
Chancellor shall deduct funds from the allocations made under	142530
division (A) of this section. Deductions shall be proportionate to	142531
the amounts allocated to each sector from the total amounts	142532
appropriated for each sector under the foregoing appropriation	142533
item 235563, Ohio College Opportunity Grant, and the foregoing	142534
appropriation item 235667, Ohio College Opportunity Grant -	142535
Proprietary.	142536

In each fiscal year, the Chancellor shall not distribute or	142537
obligate or commit to be distributed an amount greater than what	142538
is appropriated under the foregoing appropriation item 235563,	142539
Ohio College Opportunity Grant.	142540

(D) The Chancellor shall establish, and post on the Ohio	142541
Board of Regents' web site, award tables based on any formulas	142542
created under division (B) of this section. The Chancellor shall	142543
notify students and institutions of any reductions in awards under	142544
this section.	142545

On or before August 31, 2011, the Chancellor of the Board of	142546
Regents shall submit award tables to the Controlling Board for the	142547
2011-2012 academic year and allocations of Ohio College	142548
Opportunity Grant awards not already specified in section 3333.122	142549
of the Revised Code.	142550

(E) Notwithstanding section 3333.122 of the Revised Code, no	142551
student shall be eligible to receive an Ohio College Opportunity	142552
Grant for more than ten semesters, fifteen quarters, or the	142553
equivalent of five academic years, less the number of semesters or	142554
quarters in which the student received an Ohio Instructional	142555
Grant.	142556

Section 371.50.20. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

142557

The foregoing appropriation item 235572, The Ohio State	142558
University Clinic Support, shall be distributed through the	142559
Chancellor of the Board of Regents to The Ohio State University	142560
for support of dental and veterinary medicine clinics.	142561

Section 371.50.30. NATIONAL GUARD SCHOLARSHIP PROGRAM

142562

The Chancellor of the Board of Regents shall disburse funds	142563
from appropriation item 235599, National Guard Scholarship	142564
Program, at the direction of the Adjutant General. During each	142565
fiscal year, the Chancellor of the Board of Regents, within ten	142566
days of cancellation, may certify to the Director of Budget and	142567
Management the amount of canceled prior-year encumbrances in	142568
appropriation item 235599, National Guard Scholarship Program.	142569
Upon receipt of the certification, the Director of Budget and	142570
Management may transfer cash in an amount up to the amount	142571
certified from the General Revenue Fund to the National Guard	142572
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the	142573
Adjutant General, the Chancellor of the Board of Regents shall	142574
seek Controlling Board approval to authorize additional	142575
expenditures for appropriation item 235623, National Guard	142576
Scholarship Reserve Fund. Upon approval of the Controlling Board,	142577
the additional amounts are hereby appropriated. The Chancellor of	142578
the Board of Regents shall disburse funds from appropriation item	142579
235623, National Guard Scholarship Reserve Fund, at the direction	142580
of the Adjutant General.	142581

In each fiscal year, the Adjutant General, in consultation	142582
with the Chancellor of the Board of Regents and the Director of	142583
Budget and Management, shall determine if the amounts appropriated	142584
in appropriation item 235599, National Guard Scholarship Program,	142585
are adequate to provide scholarships equal to one hundred per cent	142586
of tuition charges to all eligible applicants attending a state	142587
institution of higher education.	142588

Notwithstanding divisions (C) and (D)(1)(a) of section	142589
5919.34 of the Revised Code, if amounts appropriated are	142590
determined to be inadequate in any fiscal year, the Adjutant	142591
General shall accommodate available funds by proportionally	142592
reducing the amount of each scholarship awarded to a student	142593
attending a state institution of higher education. The Adjutant	142594
General shall then notify each state institution of higher	142595
education of the percentage that scholarship amounts were reduced.	142596
Each state institution of higher education shall then provide a	142597
matching award to each scholarship recipient in an amount equal to	142598
the amount that recipient's scholarship was reduced.	142599

Section 371.50.40. PLEDGE OF FEES

142600

Any new pledge of fees, or new agreement for adjustment of	142601
fees, made in the biennium ending June 30, 2013, to secure bonds	142602
or notes of a state-assisted institution of higher education for a	142603
project for which bonds or notes were not outstanding on the	142604
effective date of this section shall be effective only after	142605
approval by the Chancellor of the Board of Regents, unless	142606
approved in a previous biennium.	142607

Section 371.50.50. HIGHER EDUCATION GENERAL OBLIGATION DEBT	142608
SERVICE	142609

The foregoing appropriation item 235909, Higher Education	142610
General Obligation Debt Service, shall be used to pay all debt	142611
service and related financing costs at the times they are required	142612
to be made during the period from July 1, 2011, through June 30,	142613
2013, for obligations issued under sections 151.01 and 151.04 of	142614
the Revised Code.	142615

Section 371.50.60. SALES AND SERVICES

142616

The Chancellor of the Board of Regents is authorized to	142617
charge and accept payment for the provision of goods and services.	142618
Such charges shall be reasonably related to the cost of producing	142619
the goods and services. Except as otherwise provided by law, no	142620
charges may be levied for goods or services that are produced as	142621
part of the routine responsibilities or duties of the Chancellor.	142622
All revenues received by the Chancellor of the Board of Regents	142623
shall be deposited into Fund 4560, and may be used by the	142624
Chancellor of the Board of Regents to pay for the costs of	142625
producing the goods and services.	142626

Section 371.50.63. OHIO COLLEGE OPPORTUNITY GRANT -	142627
PROPRIETARY	142628

The foregoing appropriation item 235667, Ohio College	142629
Opportunity Grant - Proprietary, shall be used by the Chancellor	142630
of the Board of Regents to award needs-based financial aid to	142631
students enrolled in eligible private for-profit career colleges	142632
and schools, pursuant to section 3333.122 of the Revised Code and	142633
section 371.50.10 of this act.	142634

An amount equal to the unexpended, unencumbered portion of	142635
the foregoing appropriation item 235667, Ohio College Opportunity	142636
Grant - Proprietary, at the end of fiscal year 2012 is hereby	142637
reappropriated to the Board of Regents for the same purpose for	142638
fiscal year 2013.	142639

In each fiscal year, the Chancellor shall not distribute or	142640
obligate or commit to be distributed an amount greater than what	142641
is appropriated under the foregoing appropriation item 235667,	142642
Ohio College Opportunity Grant - Proprietary.	142643

Section 371.50.70. HIGHER EDUCATIONAL FACILITY COMMISSION	142644
ADMINISTRATION	142645

The foregoing appropriation item 235602, Higher Educational	142646
Facility Commission Administration, shall be used by the	142647
Chancellor of the Board of Regents for operating expenses related	142648
to the Chancellor of the Board of Regents' support of the	142649
activities of the Ohio Higher Educational Facility Commission.	142650
Upon the request of the Chancellor, the Director of Budget and	142651
Management shall transfer up to $29,100 cash in fiscal year 2012	142652
and up to $29,100 cash in fiscal year 2013 from the HEFC Operating	142653
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund	142654
4E80).	142655

Section 371.50.80. NURSING LOAN PROGRAM

142656

The foregoing appropriation item 235606, Nursing Loan	142657
Program, shall be used to administer the nurse education	142658
assistance program. Up to $167,580 in each fiscal year may be used	142659
for operating expenses associated with the program. Any additional	142660
funds needed for the administration of the program are subject to	142661
Controlling Board approval.	142662

Section 371.50.90. VETERANS PREFERENCES

142663

The Chancellor of the Board of Regents shall work with the	142664
Department of Veterans Services to develop specific veterans	142665
preference guidelines for higher education institutions. These	142666
guidelines shall ensure that the institutions' hiring practices	142667
are in accordance with the intent of Ohio's veterans preference	142668
laws.	142669

Section 371.60.10. STATE NEED-BASED FINANCIAL AID	142670
RECONCILIATION	142671

By the first day of August in each fiscal year, or as soon as	142672
possible thereafter, the Chancellor of the Board of Regents shall	142673
certify to the Director of Budget and Management the amount	142674
necessary to pay any outstanding prior year obligations to higher	142675
education institutions for the state's need-based financial aid	142676
programs. The amounts certified are hereby appropriated to	142677
appropriation item 235618, State Need-based Financial Aid	142678
Reconciliation, from revenues received in the State Need-based	142679
Financial Aid Reconciliation Fund (Fund 5Y50).	142680

Section 371.60.20. (A) As used in this section:

142681

(1) "Board of trustees" includes the managing authority of a	142682
university branch district.	142683

(2) "State institution of higher education" has the same	142684
meaning as in section 3345.011 of the Revised Code.	142685

(B) The board of trustees of any state institution of higher	142686
education, notwithstanding any rule of the institution to the	142687
contrary, may adopt a policy providing for mandatory furloughs of	142688
employees, including faculty, to achieve spending reductions	142689
necessitated by institutional budget deficits.	142690

Section 371.60.23. SHARED SERVICES

142691

(A) Except as otherwise provided in this section, any state	142692
institution of higher education with total FTE enrollment under	142693
5,000 shall enter into strategic partnerships for shared services	142694
with other institutions of higher education, school districts,	142695
local government entities, or regional shared services centers.	142696

The strategic partnerships entered into pursuant to this	142697
section shall be comprehensive and shall include but not be	142698
limited to services for accounting, business and finance,	142699
conferences, development, enrollment management, financial aid,	142700
testing, career services, human resources, employee prescription	142701
drug benefits, marketing and public relations, purchasing,	142702
technology services, and telecommunications. Co-located campuses	142703
shall also enter into partnerships to share costs for building and	142704
grounds maintenance, executive office operations, security and law	142705
enforcement, food service, and student activities such as	142706
performing arts and sports.	142707

Each state institution may seek a waiver from the Chancellor	142708
of the Board of Regents in one or more of the above areas. In	142709
seeking a waiver from the Chancellor, the institution must	142710
demonstrate the efficiency of its individual operation or a	142711
strategic partnership with another entity that achieves similar	142712
results. If the Chancellor determines that the institution fails	142713
to demonstrate the efficiency of its operation, the Chancellor	142714
shall report the institution's failure to the Governor and members	142715
of the General Assembly.	142716

Each state institution of higher education shall report to	142717
the Chancellor by December 31, 2011, and annually thereafter,	142718
regarding its strategic partnerships. Reports shall document the	142719
amount saved through the partnerships.	142720

(B) Any institution that provides employee prescription drug	142721
benefits through the Rx Ohio Collaborative shall be deemed to have	142722
demonstrated maximum cost savings in this area.	142723

Section 371.60.40. EFFICIENCY ADVISORY COMMITTEE

142724

The Chancellor of the Board of Regents shall establish an	142725
efficiency advisory committee for the purpose of generating	142726
optimal efficiency plans for campuses, identifying shared services	142727
opportunities, and sharing best practices. The efficiency advisory	142728
committee shall also attempt to reduce the cost of textbooks and	142729
other education resource materials. The committee shall meet at	142730
the call of the Chancellor or the Chancellor's designee, but at	142731
least quarterly. Each state institution of higher education shall	142732
designate an employee to serve as its efficiency officer	142733
responsible for the evaluation and improvement of operational	142734
efficiencies on campus. Each efficiency officer shall serve on the	142735
efficiency advisory committee.	142736

Section 371.60.50. TEXTBOOK AFFORDABILITY

142737

Each state institution of higher education shall submit to	142738
the Chancellor of the Board of Regents by December 31, 2011, a	142739
plan to reduce the cost to students of textbooks and other	142740
education resource materials.	142741

Section 371.60.60. TUITION TRUST AUTHORITY APPROPRIATION LINE	142742
ITEM TRANSFER	142743

On July 1, 2011, or as soon as possible thereafter, the	142744
Director of Budget and Management, upon request by the Chancellor	142745
of the Board of Regents, shall cancel any existing encumbrances	142746
against appropriation item 095602, Variable Savings Plans, and	142747
re-establish them against appropriation item 235663, Variable	142748
Savings Plans. The re-established encumbrance amounts are hereby	142749
appropriated.	142750

On July 1, 2011, or as soon as possible thereafter, the	142751
Director of Budget and Management, upon request by the Chancellor	142752
of the Board of Regents, shall cancel any existing encumbrances	142753
against appropriation item 095601, Guaranteed Savings Plan, and	142754
re-establish them against appropriation item 235664, Guaranteed	142755
Savings Plan. The re-established encumbrance amounts are hereby	142756
appropriated.	142757

Section 371.60.70. (A) Notwithstanding anything to the	142758
contrary in sections 3333.81 to 3333.88 of the Revised Code, the	142759
distance learning clearinghouse required to be established under	142760
those sections shall be located at the Ohio Resource Center for	142761
Mathematics, Science, and Reading administered by the College of	142762
Education and Human Ecology at The Ohio State University. The	142763
College shall provide access to its online repository of	142764
educational content to offer courses from multiple providers at	142765
competitive prices for Ohio students in grades kindergarten to	142766
twelve.	142767

(B) The College shall review the content of each course	142768
offered to assess the course's alignment with the academic	142769
standards adopted under division (A) of section 3301.079 of the	142770
Revised Code and shall publish its determination about the degree	142771
of alignment.	142772

(C) The College shall indicate, for each course offered, the	142773
academic credit that a student may reasonably expect to earn upon	142774
successful completion of the course. However, in accordance with	142775
section 3333.85 of the Revised Code, the school district or school	142776
in which the student is enrolled retains full authority to	142777
determine the credit awarded to the student.	142778

(D) As prescribed by section 3333.84 of the Revised Code, the	142779
fee charged for a course shall be set by the course provider. The	142780
College may retain a percentage of the fee to offset the cost of	142781
maintaining the course repository.	142782

(E) The College may establish policies to protect the	142783
proprietary interest in or intellectual property of the	142784
educational content and courses that are housed in the course	142785
repository. The College may require end users to agree to the	142786
terms of any such policies prior to accessing the repository.	142787

Section 371.60.80. (A) The Ohio Digital Learning Task Force	142788
is hereby established to develop a strategy for the expansion of	142789
digital learning that enables students to customize their	142790
education, produces cost savings, and meets the needs of Ohio's	142791
economy. The Task Force shall consist of the following members:	142792

(1) The Chancellor of the Ohio Board of Regents or the	142793
Chancellor's designee;	142794

(2) The Superintendent of Public Instruction or the	142795
Superintendent's designee;	142796

(3) The Director of the Governor's Office of 21st Century	142797
Education or the Director's designee;	142798

(4) Up to six members appointed by the Governor, who shall be	142799
representatives of school districts or community schools,	142800
established under Chapter 3314. of the Revised Code, that are	142801
high-performing of their type and have demonstrated the ability to	142802
incorporate technology into the classroom successfully;	142803

(5) A member appointed by the President of the Senate;

142804

(6) A member appointed by the Speaker of the House of	142805
Representatives.	142806

(B) Members of the Task Force shall be appointed not later	142807
than sixty days after the effective date of this section.	142808
Vacancies on the Task Force shall be filled in the same manner as	142809
the original appointments. Members shall serve without	142810
compensation.	142811

(C) The Governor shall designate the chairperson of the Task	142812
Force. All meetings of the Task Force shall be held at the call of	142813
the chairperson.	142814

(D) The Task Force shall do all of the following:

142815

(1) Request information from textbook publishers about the	142816
development of digital textbooks and other new digital content	142817
distribution methods for use by primary, secondary, and	142818
post-secondary schools and institutions and examine that	142819
information;	142820

(2) Examine potential cost savings and efficiency of	142821
utilizing digital textbooks and other new digital content	142822
distribution methods in primary, secondary, and post-secondary	142823
schools and institutions;	142824

(3) Examine potential academic benefits of utilizing digital	142825
textbooks and other new digital content distribution methods,	142826
including, but not limited to, the ability to individualize	142827
content to specific student learning styles, accessibility for	142828
individuals with disabilities, and the integration of formative	142829
and other online assessments;	142830

(4) Examine digital content pilot programs and initiatives	142831
currently operating at primary, secondary, and post-secondary	142832
schools and institutions in Ohio, including, but not limited to,	142833
those financed in part with federal funds;	142834

(5) Examine any state-level initiatives to provide or	142835
facilitate use of digital content in primary, secondary, and	142836
post-secondary schools and institutions in Ohio.	142837

(E) The Task Force shall make recommendations regarding all	142838
of the following:	142839

(1) The creation of high quality digital content and	142840
instruction in grades kindergarten to twelve for free access by	142841
public and nonpublic schools and students receiving home	142842
instruction;	142843

(2) High quality professional development for teachers and	142844
principals providing online instruction or blended learning	142845
programs;	142846

(3) Funding strategies that create incentives for high	142847
performance, innovation, and options in course providers and	142848
delivery;	142849

(4) Student assessment and accountability;

142850

(5) Infrastructure to support digital learning;

142851

(6) Mobile learning and mobile learning applications;

142852

(7) The clearinghouse established under section 3333.82 of	142853
the Revised Code;	142854

(8) Ways to align the resources and digital learning	142855
initiatives of state agencies and offices;	142856

(9) Methods for removing redundancy and inefficiency in, and	142857
for providing coordination, of all digital learning programs,	142858
including the provision of free online instruction to public and	142859
nonpublic schools on a statewide basis;	142860

(10) Methods of addressing future changes in technology and	142861
learning.	142862

(E) Not later than March 1, 2012, the Task Force shall issue	142863
a report of its findings and recommendations to the Governor, the	142864
President of the Senate, and the Speaker of the House of	142865
Representatives. Upon issuance of its report, the Task Force shall	142866
cease to exist.	142867

Section 371.60.90. Not later than six months after the	142868
effective date of this section, the Chancellor of the Ohio Board	142869
of Regents shall do both of the following:	142870

(A) Take steps to facilitate full implementation of any	142871
digital textbook and digital content pilot programs currently	142872
planned at any state institutions of higher education in Ohio;	142873

(B) Take steps to ensure that those pilot programs examine	142874
the potential cost savings and efficiencies of digital content and	142875
the potential academic benefits, including, but not limited to,	142876
the ability to individualize content to specific student learning	142877
styles, accessibility for individuals with disabilities, and the	142878
integration of formative and other online assessments.	142879

Section 371.70.10. On July 1, 2011, or as soon as possible	142880
thereafter, the Chancellor of the Board of Regents shall pay to	142881
The Ohio State University an amount equal to the cash balance in	142882
the OSU Highway/Transportation Research Fund (Fund 6490). The	142883
amount of the payment is hereby appropriated from Fund 6490. Upon	142884
completion of the payment, Fund 6490 is hereby abolished and the	142885
Chancellor of the Board of Regents shall cancel any existing	142886
encumbrances against appropriation item 235607, The Ohio State	142887
University Highway/Transportation Research.	142888

Section 373.10. DRC DEPARTMENT OF REHABILITATION AND	142889
CORRECTION	142890

General Revenue Fund							142891
GRF	501321	Institutional Operations	$	909,547,156	$	866,592,589	142892
GRF	501403	Prisoner Compensation	$	8,599,255	$	8,599,255	142893
GRF	501405	Halfway House	$	43,637,069	$	43,622,104	142894
GRF	501406	Lease Rental Payments	$	42,863,100	$	104,301,500	142895
GRF	501407	Community Nonresidential Programs	$	25,859,382	$	25,839,390	142896
GRF	501408	Community Misdemeanor Programs	$	14,906,800	$	14,906,800	142897
GRF	501501	Community Residential Programs - CBCF	$	62,692,785	$	62,477,785	142898
GRF	502321	Mental Health Services	$	58,525,816	$	51,778,513	142899
GRF	503321	Parole and Community Operations	$	68,197,272	$	63,783,848	142900
GRF	504321	Administrative Operations	$	21,996,504	$	20,085,474	142901
GRF	505321	Institution Medical Services	$	209,231,014	$	195,241,961	142902
GRF	506321	Institution Education Services	$	20,237,576	$	18,086,492	142903
GRF	507321	Institution Recovery Services	$	5,786,109	$	5,375,737	142904
TOTAL GRF General Revenue Fund			$	1,492,079,838	$	1,480,691,448	142905

General Services Fund Group	142906

1480	501602	Services and Agricultural	$	3,579,250	$	3,584,263	142907
2000	501607	Ohio Penal Industries	$	38,000,000	$	38,000,000	142908
4830	501605	Property Receipts	$	182,723	$	182,086	142909
4B00	501601	Sewer Treatment Services	$	2,145,630	$	2,157,682	142910
4D40	501603	Prisoner Programs	$	14,900,000	$	14,900,000	142911
4L40	501604	Transitional Control	$	1,168,843	$	1,213,120	142912
4S50	501608	Education Services	$	2,376,041	$	2,359,775	142913
5710	501606	Training Academy Receipts	$	125,000	$	125,000	142914
5930	501618	Laboratory Services	$	6,665,137	$	6,664,729	142915
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	142916
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	142917
5L60	501611	Information Technology Services	$	600,000	$	600,000	142918
TOTAL GSF General Services Fund Group			$	73,182,624	$	73,226,655	142919

Federal Special Revenue Fund Group	142920

3230	501619	Federal Grants	$	9,013,558	$	9,180,703	142921
TOTAL FED Federal Special Revenue							142922
Fund Group			$	9,013,558	$	9,180,703	142923

TOTAL ALL BUDGET FUND GROUPS

1,574,276,020

1,563,098,806

142924

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	142925
SENTENCING REFORMS	142926

For the purposes of implementing criminal sentencing reforms,	142927
and notwithstanding any other provision of law to the contrary,	142928
the Director of Budget and Management, at the request of the	142929
Director of Rehabilitation and Correction, may transfer up to	142930
$14,000,000 in appropriations, in each of fiscal years 2012 and	142931
2013, from appropriation item 501321, Institutional Operations, to	142932
any combination of appropriation items 501405, Halfway House;	142933
501407, Community Residential Programs; 501408, Community	142934
Misdemeanor Programs; and 501501, Community Residential Programs -	142935
CBCF.	142936

OHIO BUILDING AUTHORITY LEASE PAYMENTS

142937

The foregoing appropriation item 501406, Lease Rental	142938
Payments, shall be used to meet all payments at the times they are	142939
required to be made during the period from July 1, 2011, through	142940
June 30, 2013, by the Department of Rehabilitation and Correction	142941
to the Ohio Building Authority under the primary leases and	142942
agreements for those buildings made under Chapter 152. of the	142943
Revised Code. These appropriations are the source of funds pledged	142944
for bond service charges or obligations issued pursuant to Chapter	142945
152. of the Revised Code.	142946

OSU MEDICAL CHARGES

142947

Notwithstanding section 341.192 of the Revised Code, at the	142948
request of the Department of Rehabilitation and Correction, The	142949
Ohio State University Medical Center, including the James Cancer	142950
Hospital and Solove Research Institute and the Richard M. Ross	142951
Heart Hospital, shall provide necessary care to persons who are	142952
confined in state adult correctional facilities. The provision of	142953
necessary care shall be billed to the Department at a rate not to	142954
exceed the authorized reimbursement rate for the same service	142955
established by the Department of Job and Family Services under the	142956
Medical Assistance Program.	142957

Section 375.10. RSC REHABILITATION SERVICES COMMISSION

142958

General Revenue Fund	142959

GRF	415402	Independent Living Council	$	252,000	$	252,000	142960
GRF	415406	Assistive Technology	$	26,618	$	26,618	142961
GRF	415431	Office for People with Brain Injury	$	126,567	$	126,567	142962
GRF	415506	Services for People with Disabilities	$	12,777,884	$	12,777,884	142963
GRF	415508	Services for the Deaf	$	28,000	$	28,000	142964
TOTAL GRF General Revenue Fund			$	13,211,069	$	13,211,069	142965

General Services Fund Group	142966

4670	415609	Business Enterprise Operating Expenses	$	1,308,431	$	1,303,090	142967
TOTAL GSF General Services							142968
Fund Group			$	1,308,431	$	1,303,090	142969

Federal Special Revenue Fund Group	142970

3170	415620	Disability Determination	$	97,579,095	$	97,579,095	142971
3790	415616	Federal - Vocational Rehabilitation	$	103,160,426	$	103,150,102	142972
3L10	415601	Social Security Personal Care Assistance	$	3,370,000	$	3,370,000	142973
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	142974
3L10	415608	Social Security Special Programs/Assistance	$	1,521,406	$	1,520,184	142975
3L40	415612	Federal Independent Living Centers or Services	$	652,222	$	652,222	142976
3L40	415615	Federal - Supported Employment	$	929,755	$	929,755	142977
3L40	415617	Independent Living/Vocational Rehabilitation Programs	$	2,137,338	$	2,137,338	142978
TOTAL FED Federal Special							142979
Revenue Fund Group			$	210,122,242	$	210,110,696	142980

State Special Revenue Fund Group	142981

4680	415618	Third Party Funding	$	10,802,589	$	10,802,589	142982
4L10	415619	Services for Rehabilitation	$	3,700,000	$	3,700,000	142983
4W50	415606	Program Management Expenses	$	11,636,730	$	11,587,201	142984
TOTAL SSR State Special							142985
Revenue Fund Group			$	26,139,319	$	26,089,790	142986
TOTAL ALL BUDGET FUND GROUPS			$	250,781,061	$	250,714,645	142987

INDEPENDENT LIVING COUNCIL

142988

The foregoing appropriation item 415402, Independent Living	142989
Council, shall be used to fund the operations of the State	142990
Independent Living Council and to support state independent living	142991
centers and independent living services under Title VII of the	142992
Independent Living Services and Centers for Independent Living of	142993
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	142994
U.S.C. 796d.	142995

Of the foregoing appropriation item 415402, Independent	142996
Living Council, $67,662 in each fiscal year shall be used as state	142997
matching funds for vocational rehabilitation innovation and	142998
expansion activities.	142999

ASSISTIVE TECHNOLOGY

143000

The total amount of the foregoing appropriation item 415406,	143001
Assistive Technology, shall be provided to Assistive Technology of	143002
Ohio to provide grants and assistive technology services for	143003
people with disabilities in the State of Ohio.	143004

OFFICE FOR PEOPLE WITH BRAIN INJURY

143005

The foregoing appropriation item 415431, Office for People	143006
with Brain Injury, shall be used to plan and coordinate	143007
head-injury-related services provided by state agencies and other	143008
government or private entities, to assess the needs for such	143009
services, and to set priorities in this area.	143010

Of the foregoing appropriation item 415431, Office for People	143011
with Brain Injury, $44,067 in each fiscal year shall be used as	143012
state matching funds to provide vocational rehabilitation services	143013
to eligible consumers.	143014

VOCATIONAL REHABILITATION SERVICES

143015

The foregoing appropriation item 415506, Services for People	143016
with Disabilities, shall be used as state matching funds to	143017
provide vocational rehabilitation services to eligible consumers.	143018

At the request of the Chancellor of the Board of Regents, the	143019
Director of Budget and Management may transfer any unexpended,	143020
unencumbered appropriation in fiscal year 2012 or fiscal year 2013	143021
from appropriation item 235502, Student Support Services, to	143022
appropriation item 415506, Services for People with Disabilities.	143023
Any appropriation so transferred shall be used by the Ohio	143024
Rehabilitation Services Commission to obtain additional federal	143025
matching funds to serve disabled students.	143026

SERVICES FOR THE DEAF

143027

The foregoing appropriation item 415508, Services for the	143028
Deaf, shall be used to provide grants to community centers for the	143029
deaf.	143030

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

143031

The foregoing appropriation item 415617, Independent	143032
Living/Vocational Rehabilitation Programs, shall be used to	143033
support vocational rehabilitation programs.	143034

SOCIAL SECURITY REIMBURSEMENT FUNDS

143035

Reimbursement funds received from the Social Security	143036
Administration, United States Department of Health and Human	143037
Services, for the costs of providing services and training to	143038
return disability recipients to gainful employment shall be	143039
expended from the Social Security Reimbursement Fund (Fund 3L10),	143040
to the extent funds are available, as follows:	143041

(A) Appropriation item 415601, Social Security Personal Care	143042
Assistance, to provide personal care services in accordance with	143043
section 3304.41 of the Revised Code;	143044

(B) Appropriation item 415605, Social Security Community	143045
Centers for the Deaf, to provide grants to community centers for	143046
the deaf in Ohio for services to individuals with hearing	143047
impairments; and	143048

(C) Appropriation item 415608, Social Security Special	143049
Programs/Assistance, to provide vocational rehabilitation services	143050
to individuals with severe disabilities who are Social Security	143051
beneficiaries, to enable them to achieve competitive employment.	143052
This appropriation item shall also be used to pay a portion of	143053
indirect costs of the Personal Care Assistance Program and the	143054
Independent Living Programs as mandated by federal OMB Circular	143055
A-87.	143056

PROGRAM MANAGEMENT EXPENSES

143057

The foregoing appropriation item 415606, Program Management	143058
Expenses, shall be used to support the administrative functions of	143059
the commission related to the provision of vocational	143060
rehabilitation, disability determination services, and ancillary	143061
programs.	143062

Section 377.10. RCB RESPIRATORY CARE BOARD

143063

General Services Fund Group	143064

4K90	872609	Operating Expenses	$	528,624	$	523,013	143065
TOTAL GSF General Services							143066
Fund Group			$	528,624	$	523,013	143067
TOTAL ALL BUDGET FUND GROUPS			$	528,624	$	523,013	143068

Section 379.10. RDF REVENUE DISTRIBUTION FUNDS

143070

Volunteer Firefighters' Dependents Fund	143071

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	143072
TOTAL 085 Volunteer Firefighters'							143073
Dependents Fund			$	300,000	$	300,000	143074
Agency Fund Group							143075
4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	143076
5JG0	110633	Gross Casino Revenue County Fund	$	5,778,617	$	138,882,294	143077
5JH0	110634	Gross Casino Revenue County Student Fund	$	3,852,412	$	92,588,196	143078
5JJ0	110636	Gross Casino Revenue Host City Fund	$	566,531	$	13,615,911	143079
5JK0	875610	Ohio State Racing Commission Fund	$	339,919	$	8,169,547	143080
5JL0	038629	Problem Casino Gambling and Addictions Fund	$	226,612	$	5,446,364	143081
5JN0	055654	Ohio Law Enforcement Training Fund	$	226,612	$	5,446,364	143082
6080	001699	Investment Earnings	$	50,000,000	$	150,000,000	143083
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	143084
7063	110963	Permissive Tax Distribution	$	1,904,500,000	$	1,980,700,000	143085
7067	110967	School District Income Tax	$	317,000,000	$	330,000,000	143086
TOTAL AGY Agency Fund Group			$	2,286,590,703	$	2,728,948,676	143087

Holding Account Redistribution	143088

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	143089
TOTAL 090 Holding Account Redistribution Fund							143090
Revenue Distribution Fund Group			$	40,000,000	$	40,000,000	143091
7049	038900	Indigent Drivers Alcohol Treatment	$	2,200,000	$	2,200,000	143092
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	143093
7051	762901	Auto Registration Distribution	$	539,000,000	$	539,000,000	143094
7054	110954	Local Government Property Tax Replacement - Utility	$	16,000,000	$	11,000,000	143095
7060	110960	Gasoline Excise Tax Fund	$	393,000,000	$	395,000,000	143096
7065	110965	Public Library Fund	$	354,000,000	$	345,000,000	143097
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	143098
7068	110968	State and Local Government Highway Distribution	$	193,000,000	$	196,000,000	143099
7069	110969	Local Government Fund	$	577,000,000	$	391,000,000	143100
7081	110981	Local Government Property Tax Replacement-Business	$	291,000,000	$	181,000,000	143101
7082	110982	Horse Racing Tax	$	100,000	$	100,000	143102
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	143103
TOTAL RDF Revenue Distribution							143104
Fund Group			$	2,410,800,000	$	2,105,800,000	143105
TOTAL ALL BUDGET FUND GROUPS			$	4,737,690,703	$	4,875,048,676	143106

ADDITIONAL APPROPRIATIONS

143107

Appropriation items in this section shall be used for the	143108
purpose of administering and distributing the designated revenue	143109
distribution funds according to the Revised Code. If it is	143110
determined that additional appropriations are necessary for this	143111
purpose, such amounts are hereby appropriated.	143112

GENERAL REVENUE FUND TRANSFERS

143113

Notwithstanding any provision of law to the contrary, in	143114
fiscal year 2012 and fiscal year 2013, the Director of Budget and	143115
Management may transfer from the General Revenue Fund to the Local	143116
Government Tangible Property Tax Replacement Fund (Fund 7081) in	143117
the Revenue Distribution Fund Group, those amounts necessary to	143118
reimburse local taxing units under section 5751.22 of the Revised	143119
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director	143120
of Budget and Management may make temporary transfers from the	143121
General Revenue Fund to ensure sufficient balances in the Local	143122
Government Tangible Property Tax Replacement Fund (Fund 7081) and	143123
to replenish the General Revenue Fund for such transfers.	143124

Section 381.10. SAN BOARD OF SANITARIAN REGISTRATION

143125

General Services Fund Group	143126

4K90	893609	Operating Expenses	$	141,839	$	126,850	143127
TOTAL GSF General Services							143128
Fund Group			$	141,839	$	126,850	143129
TOTAL ALL BUDGET FUND GROUPS			$	141,839	$	126,850	143130

Section 383.10. OSB OHIO STATE SCHOOL FOR THE BLIND

143132

General Revenue Fund	143133

GRF	226100	Personal Services	$	6,593,546	$	6,593,546	143134
GRF	226200	Maintenance	$	619,528	$	619,528	143135
GRF	226300	Equipment	$	65,505	$	65,505	143136
TOTAL GRF General Revenue Fund			$	7,278,579	$	7,278,579	143137

General Services Fund Group	143138

4H80	226602	Education Reform Grants	$	60,086	$	60,086	143139
TOTAL GSF General Services							143140
Fund Group			$	60,086	$	60,086	143141

Federal Special Revenue Fund Group	143142

3100	226626	Coordinating Unit	$	2,527,104	$	2,527,104	143143
3DT0	226621	Ohio Transition Collaborative	$	1,800,000	$	1,800,000	143144
3P50	226643	Medicaid Professional Services Reimbursement	$	50,000	$	50,000	143145
TOTAL FED Federal Special							143146
Revenue Fund Group			$	4,377,104	$	4,377,104	143147

State Special Revenue Fund Group	143148

4M50	226601	Work Study and Technology Investment	$	698,521	$	698,521	143149
TOTAL SSR State Special Revenue							143150
Fund Group			$	698,521	$	698,521	143151
TOTAL ALL BUDGET FUND GROUPS			$	12,414,290	$	12,414,290	143152

Section 385.10. OSD OHIO SCHOOL FOR THE DEAF

143154

General Revenue Fund	143155

GRF	221100	Personal Services	$	7,842,339	$	7,842,339	143156
GRF	221200	Maintenance	$	814,532	$	814,532	143157
GRF	221300	Equipment	$	70,786	$	70,786	143158
TOTAL GRF General Revenue Fund			$	8,727,657	$	8,727,657	143159

General Services Fund Group	143160

4M10	221602	Education Reform Grants	$	74,903	$	74,903	143161
TOTAL GSF General Services							143162
Fund Group			$	74,903	$	74,903	143163

Federal Special Revenue Fund Group	143164

3110	221625	Coordinating Unit	$	2,460,135	$	2,460,135	143165
3R00	221684	Medicaid Professional Services Reimbursement	$	35,000	$	35,000	143166
3Y10	221686	Early Childhood Grant	$	300,000	$	300,000	143167
TOTAL FED Federal Special							143168
Revenue Fund Group			$	2,795,135	$	2,795,135	143169

State Special Revenue Fund Group	143170

4M00	221601	Educational Program Expenses	$	190,000	$	190,000	143171
5H60	221609	Even Start Fees and Gifts	$	126,750	$	126,750	143172
TOTAL SSR State Special Revenue							143173
Fund Group			$	316,750	$	316,750	143174
TOTAL ALL BUDGET FUND GROUPS			$	11,914,445	$	11,914,445	143175

Section 387.10. SFC SCHOOL FACILITIES COMMISSION

143177

General Revenue Fund	143178

GRF	230908		Common Schools General Obligation Debt Service		$	150,604,900		$	341,919,400		143179
TOTAL GRF General Revenue Fund					$	150,604,900		$	341,919,400		143180

State Special Revenue Fund Group	143181

5E30	230644	Operating Expenses	$	8,950,000	$	8,550,000	143182
TOTAL SSR State Special Revenue							143183
Fund Group			$	8,950,000	$	8,550,000	143184
TOTAL ALL BUDGET FUND GROUPS			$	159,554,900	$	350,469,400	143185

Section 387.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT	143187
SERVICE	143188

The foregoing appropriation item 230908, Common Schools	143189
General Obligation Debt Service, shall be used to pay all debt	143190
service and related financing costs at the times they are required	143191
to be made during the period from July 1, 2011, through June 30,	143192
2013, for obligations issued under sections 151.01 and 151.03 of	143193
the Revised Code.	143194

OPERATING EXPENSES

143195

The foregoing appropriation item 230644, Operating Expenses,	143196
shall be used by the Ohio School Facilities Commission to carry	143197
out its responsibilities under this section and Chapter 3318. of	143198
the Revised Code.	143199

In both fiscal years 2012 and 2013, the Executive Director of	143200
the Ohio School Facilities Commission shall certify on a quarterly	143201
basis to the Director of Budget and Management the amount of cash	143202
from interest earnings to be transferred from the School Building	143203
Assistance Fund (Fund 7032), the Public School Building Fund (Fund	143204
7021), and the Educational Facilities Trust Fund (Fund N087) to	143205
the Ohio School Facilities Commission Fund (Fund 5E30). The amount	143206
transferred from the School Building Assistance Fund (Fund 7032)	143207
may not exceed investment earnings credited to the fund, less any	143208
amount required to be paid for federal arbitrage rebate purposes.	143209

If the Executive Director of the Ohio School Facilities	143210
Commission determines that transferring cash from interest	143211
earnings is insufficient to support operations and carry out its	143212
responsibilities under this section and Chapter 3318. of the	143213
Revised Code, the Commission may, with the approval of the	143214
Controlling Board, transfer cash not generated from interest from	143215
the Public School Building Fund (Fund 7021) and the Educational	143216
Trust Fund (Fund N087) to the Ohio School Facilities Commission	143217
Fund (Fund 5E30).	143218

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

143219

At the request of the Executive Director of the Ohio School	143220
Facilities Commission, the Director of Budget and Management may	143221
cancel encumbrances for school district projects from a previous	143222
biennium if the district has not raised its local share of project	143223
costs within thirteen months of receiving Controlling Board	143224
approval under section 3318.05 or 3318.41 of the Revised Code. The	143225
Executive Director of the Ohio School Facilities Commission shall	143226
certify the amounts of the canceled encumbrances to the Director	143227
of Budget and Management on a quarterly basis. The amounts of the	143228
canceled encumbrances are hereby appropriated.	143229

Section 387.30. AMENDMENT TO PROJECT AGREEMENT FOR	143230
MAINTENANCE LEVY	143231

The Ohio School Facilities Commission shall amend the project	143232
agreement between the Commission and a school district that is	143233
participating in the Accelerated Urban School Building Assistance	143234
Program on the effective date of this section, if the Commission	143235
determines that it is necessary to do so in order to comply with	143236
division (B)(3)(c) of section 3318.38 of the Revised Code.	143237

Section 387.40. CANTON CITY SCHOOL DISTRICT PROJECT

143238

(A) The Ohio School Facilities Commission may commit up to	143239
thirty-five million dollars to the Canton City School District for	143240
construction of a facility described in this section, in lieu of a	143241
high school that would otherwise be authorized under Chapter 3318.	143242
of the Revised Code. The Commission shall not commit funds under	143243
this section unless all of the following conditions are met:	143244

(1) The District has entered into a cooperative agreement	143245
with a state-assisted technical college;	143246

(2) The District has received an irrevocable commitment of	143247
additional funding from nonpublic sources; and	143248

(3) The facility is intended to serve both secondary and	143249
postsecondary instructional purposes.	143250

(B) The Commission shall enter into an agreement with the	143251
District for the construction of the facility authorized under	143252
this section that is separate from and in addition to the	143253
agreement required for the District's participation in the	143254
Classroom Facilities Assistance Program under section 3318.08 of	143255
the Revised Code. Notwithstanding that section and sections	143256
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	143257
agreement shall provide, but not be limited to, the following:	143258

(1) The Commission shall not have any oversight	143259
responsibilities over the construction of the facility.	143260

(2) The facility need not comply with the specifications for	143261
plans and materials for high schools adopted by the Commission.	143262

(3) The Commission may decrease the basic project cost that	143263
would otherwise be calculated for a high school under Chapter	143264
3318. of the Revised Code.	143265

(4) The state shall not share in any increases in the basic	143266
project cost for the facility above the amount authorized under	143267
this section.	143268

All other provisions of Chapter 3318. of the Revised Code	143269
apply to the approval and construction of a facility authorized	143270
under this section.	143271

The state funds committed to the facility authorized by this	143272
section shall be part of the total amount the state commits to the	143273
Canton City School District under Chapter 3318. of the Revised	143274
Code. All additional state funds committed to the Canton City	143275
School District for classroom facilities assistance shall be	143276
subject to all provisions of Chapter 3318. of the Revised Code.	143277

Section 387.50. Notwithstanding any other provision of law to	143278
the contrary, the Ohio School Facilities Commission may determine	143279
the amount of funding available for disbursement in a given fiscal	143280
year for any project approved under sections 3318.01 to 3318.20 of	143281
the Revised Code in order to keep aggregate state capital spending	143282
within approved limits and may take actions including, but not	143283
limited to, determining the schedule for design or bidding of	143284
approved projects, to ensure appropriate and supportable cash	143285
flow.	143286

Section 387.60. Notwithstanding division (B) of section	143287
3318.40 of the Revised Code, the Ohio School Facilities Commission	143288
may provide assistance to at least one joint vocational school	143289
district each fiscal year for the acquisition of classroom	143290
facilities in accordance with sections 3318.40 to 3318.45 of the	143291
Revised Code.	143292

Section 387.70. (A) As used in this section, "equity list"	143293
means the school district percentile rankings calculated under	143294
section 3318.011 of the Revised Code.	143295

(B) Not later than thirty days after the effective date of	143296
this section, the Department of Education shall create an	143297
alternate equity list for fiscal year 2011, for use in funding	143298
projects for fiscal year 2012, by recalculating each school	143299
district's percentile ranking under section 3318.011 of the	143300
Revised Code and shall certify the alternate equity list to the	143301
Ohio School Facilities Commission. For this purpose, the	143302
Department shall recalculate each school district's percentile	143303
ranking using the district's "average taxable value" as that term	143304
is defined in the version of section 3318.011 of the Revised Code,	143305
as it results from the amendments to that section enacted by this	143306
act.	143307

(C) The Commission shall use the alternate equity list	143308
certified under division (B) of this section to determine the	143309
priority for assistance under sections 3318.01 to 3318.20 of the	143310
Revised Code for fiscal year 2012 for each school district that	143311
has not previously been offered funding under those sections.	143312
However, no district that already has been offered assistance	143313
under those sections for fiscal year 2011 prior to the	143314
Commission's receipt of the alternate equity list shall be denied	143315
the opportunity for assistance under those sections for that	143316
fiscal year.	143317

(D) Notwithstanding any provision of Chapter 3318. of the	143318
Revised Code to the contrary, for each school district that	143319
receives the Commission's conditional approval of the district's	143320
project under sections 3318.01 to 3318.20 of the Revised Code for	143321
fiscal year 2012, the district's portion of the basic project cost	143322
shall be the lesser of the following:	143323

(1) The amount required under section 3318.032 of the Revised	143324
Code calculated using the percentile in which the district ranks	143325
on the alternate equity list certified under division (B) of this	143326
section;	143327

(2) The amount required under section 3318.032 of the Revised	143328
Code calculated using the percentile in which the district ranks	143329
on the original equity list for fiscal year 2011.	143330

Section 389.10. SOS SECRETARY OF STATE

143331

General Revenue Fund	143332

GRF	050321	Operating Expenses	$	2,144,030	$	2,144,030	143333
GRF	050407	Pollworkers Training	$	234,196	$	234,196	143334
TOTAL GRF General Revenue Fund			$	2,378,226	$	2,378,226	143335

General Services Fund Group	143336

4120	050609	Notary Commission	$	475,000	$	475,000	143337
4130	050601	Information Systems	$	49,000	$	49,000	143338
4140	050602	Citizen Education Fund	$	25,000	$	25,000	143339
4S80	050610	Board of Voting Machine Examiners	$	7,200	$	7,200	143340
5FG0	050620	BOE Reimbursement and Education	$	100,000	$	100,000	143341
TOTAL General Services Fund Group			$	656,200	$	656,200	143342

Federal Special Revenue Fund Group	143343

3AH0	050614	Election Reform/Health and Human Services	$	800,000	$	800,000	143344
3AS0	050616	Help America Vote Act (HAVA)	$	3,000,000	$	3,000,000	143345
TOTAL FED Federal Special Revenue							143346
Fund Group			$	3,800,000	$	3,800,000	143347

State Special Revenue Fund Group	143348

5990	050603	Business Services Operating Expenses	$	14,385,400	$	14,385,400	143349
TOTAL SSR State Special Revenue							143350
Fund Group			$	14,385,400	$	14,385,400	143351

Holding Account Redistribution Fund Group	143352

R001	050605	Uniform Commercial Code Refunds	$	30,000	$	30,000	143353
R002	050606	Corporate/Business Filing Refunds	$	85,000	$	85,000	143354
TOTAL 090 Holding Account							143355
Redistribution Fund Group			$	115,000	$	115,000	143356
TOTAL ALL BUDGET FUND GROUPS			$	21,334,826	$	21,334,826	143357

POLLWORKER TRAINING

143358

The foregoing appropriation item 050407, Pollworkers	143359
Training, shall be used to reimburse county boards of elections	143360
for pollworker training pursuant to section 3501.27 of the Revised	143361
Code. At the end of fiscal year 2012, an amount equal to the	143362
unexpended, unencumbered portion of appropriation item 050407,	143363
Pollworkers Training, is hereby reappropriated in fiscal year 2013	143364
for the same purpose.	143365

BOARD OF VOTING MACHINE EXAMINERS

143366

The foregoing appropriation item 050610, Board of Voting	143367
Machine Examiners, shall be used to pay for the services and	143368
expenses of the members of the Board of Voting Machine Examiners,	143369
and for other expenses that are authorized to be paid from the	143370
Board of Voting Machine Examiners Fund, which is created in	143371
section 3506.05 of the Revised Code. Moneys not used shall be	143372
returned to the person or entity submitting equipment for	143373
examination. If it is determined that additional appropriations	143374
are necessary, such amounts are hereby appropriated.	143375

HAVA FUNDS

143376

An amount equal to the unexpended, unencumbered portion of	143377
appropriation item 050616, Help America Vote Act (HAVA) Voting	143378
Machines, at the end of fiscal year 2012 is reappropriated for the	143379
same purpose in fiscal year 2013.	143380

An amount equal to the unexpended, unencumbered portion of	143381
appropriation item 050614, Election Reform/Health and Human	143382
Services, at the end of fiscal year 2012 is reappropriated for the	143383
same purpose in fiscal year 2013.	143384

The Director of Budget and Management shall credit the	143385
ongoing interest earnings from the Election Reform/Health and	143386
Human Services Fund (Fund 3AH0), the Help America Vote Act (HAVA)	143387
Voting Machines Fund (Fund 3AS0), and the Election Data Collection	143388
Grant Fund (Fund 3AC0) to the respective funds and distribute	143389
these earnings in accordance with the terms of the grant under	143390
which the money is received.	143391

HOLDING ACCOUNT REDISTRIBUTION GROUP

143392

The foregoing appropriation items 050605, Uniform Commercial	143393
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall	143394
be used to hold revenues until they are directed to the	143395
appropriate accounts or until they are refunded. If it is	143396
determined that additional appropriations are necessary, such	143397
amounts are hereby appropriated.	143398

ABOLITION OF THE TECHNOLOGY IMPROVEMENTS FUND

143399

On July 1, 2011, or as soon as possible thereafter, the	143400
Director of Budget and Management shall transfer the cash balance	143401
in the Technology Improvements Fund (Fund 5N90) to the Business	143402
Services Operating Expenses Fund (Fund 5990). The Director shall	143403
cancel any existing encumbrances against appropriation item	143404
050607, Technology Improvements, and re-establish them against	143405
appropriation item 050603, Business Services Operating Expenses.	143406
The re-established encumbered amounts are hereby appropriated.	143407
Upon completion of the transfer, Fund 5N90 is abolished.	143408

Section 391.10. SEN THE OHIO SENATE

143409

General Revenue Fund	143410

GRF	020321		Operating Expenses		$	10,911,095		$	10,911,095		143411
TOTAL GRF General Revenue Fund					$	10,911,095		$	10,911,095		143412

General Services Fund Group	143413

1020	020602	Senate Reimbursement	$	852,001	$	852,001	143414
4090	020601	Miscellaneous Sales	$	34,497	$	34,497	143415
TOTAL GSF General Services							143416
Fund Group			$	886,498	$	886,498	143417
TOTAL ALL BUDGET FUND GROUPS			$	11,797,593	$	11,797,593	143418

OPERATING EXPENSES

143419

On July 1, 2011, or as soon as possible thereafter, the Clerk	143420
of the Senate may certify to the Director of Budget and Management	143421
the amount of the unexpended, unencumbered balance of the	143422
foregoing appropriation item 020321, Operating Expenses, at the	143423
end of fiscal year 2011 to be reappropriated to fiscal year 2012.	143424
The amount certified is hereby reappropriated to the same	143425
appropriation item for fiscal year 2012.	143426

On July 1, 2012, or as soon as possible thereafter, the Clerk	143427
of the Senate may certify to the Director of Budget and Management	143428
the amount of the unexpended, unencumbered balance of the	143429
foregoing appropriation item 020321, Operating Expenses, at the	143430
end of fiscal year 2012 to be reappropriated to fiscal year 2013.	143431
The amount certified is hereby reappropriated to the same	143432
appropriation item for fiscal year 2013.	143433

Section 393.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM

143434

General Revenue Fund	143435

GRF	866321		CSV Operations		$	129,998		$	126,664		143436
TOTAL GRF General Revenue Fund					$	129,998		$	126,664		143437

General Services Fund	143438

5GN0	866605		Serve Ohio Support		$	67,500		$	67,500		143439
TOTAL GSF General Services Fund					$	67,500		$	67,500		143440

Federal Special Revenue Fund Group	143441

3R70	866617	AmeriCorps Programs	$	8,279,290	$	8,272,110	143442
TOTAL FED Federal Special Revenue							143443
Fund Group			$	8,279,290	$	8,272,110	143444

State Special Revenue Fund Group	143445

6240	866604	Volunteer Contracts and Services	$	49,130	$	47,870	143446
TOTAL SSR State Special Revenue							143447
Fund Group			$	49,130	$	47,870	143448
TOTAL ALL BUDGET FUND GROUPS			$	8,525,918	$	8,514,144	143449

Section 395.10. CSF COMMISSIONERS OF THE SINKING FUND

143451

Debt Service Fund Group	143452

7070	155905	Third Frontier Research and Development Bond Retirement Fund	$	29,323,300	$	63,640,300	143453
7072	155902	Highway Capital Improvement Bond Retirement Fund	$	143,176,000	$	150,789,300	143454
7073	155903	Natural Resources Bond Retirement Fund	$	5,375,300	$	25,209,100	143455
7074	155904	Conservation Projects Bond Retirement Fund	$	24,556,800	$	29,297,300	143456
7076	155906	Coal Research and Development Bond Retirement Fund	$	7,861,100	$	5,577,700	143457
7077	155907	State Capital Improvement Bond Retirement Fund	$	113,306,600	$	215,571,100	143458
7078	155908	Common Schools Bond Retirement Fund	$	150,604,900	$	341,919,400	143459
7079	155909	Higher Education Bond Retirement Fund	$	108,262,500	$	201,555,000	143460
7080	155901	Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund	$	5,497,700	$	10,112,100	143461
7090	155912	Job Ready Site Development Bond Retirement Fund	$	9,859,200	$	15,680,500	143462
TOTAL DSF Debt Service Fund Group			$	597,823,400	$	1,059,351,800	143463
TOTAL ALL BUDGET FUND GROUPS			$	597,823,400	$	1,059,351,800	143464

ADDITIONAL APPROPRIATIONS

143465

Appropriation items in this section are for the purpose of	143466
paying debt service and financing costs on bonds or notes of the	143467
state issued under the Ohio Constitution and acts of the General	143468
Assembly. If it is determined that additional amounts are	143469
necessary for this purpose, such amounts are hereby appropriated.	143470

Section 397.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY	143471
DEVELOPMENT FOUNDATION	143472

Tobacco Master Settlement Agreement Fund Group	143473

5M90	945601	Operating Expenses	$	436,500	$	426,800	143474
TOTAL TMF Tobacco Master Settlement Agreement Fund Group			$	436,500	$	426,800	143475
TOTAL ALL BUDGET FUND GROUPS			$	436,500	$	426,800	143476

Section 399.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	143478
AUDIOLOGY	143479

General Services Fund Group	143480

4K90	886609	Operating Expenses	$	477,490	$	472,260	143481
TOTAL GSF General Services							143482
Fund Group			$	477,490	$	472,260	143483
TOTAL ALL BUDGET FUND GROUPS			$	477,490	$	472,260	143484

Section 401.10. BTA BOARD OF TAX APPEALS

143486

General Revenue Fund	143487

GRF	116321	Operating Expenses	$	1,600,000	$	1,700,000	143488
TOTAL GRF General Revenue Fund			$	1,600,000	$	1,700,000	143489
TOTAL ALL BUDGET FUND GROUPS			$	1,600,000	$	1,700,000	143490

Section 403.10. TAX DEPARTMENT OF TAXATION

143492

General Revenue Fund	143493

GRF	110321	Operating Expenses	$	73,500,000	$	73,550,000	143494
GRF	110404	Tobacco Settlement Enforcement	$	200,000	$	200,000	143495
GRF	110412	Child Support Administration	$	15,804	$	15,804	143496
GRF	110901	Property Tax Allocation - Taxation	$	610,900,000	$	616,000,000	143497
TOTAL GRF General Revenue Fund			$	684,615,804	$	689,765,804	143498

General Services Fund Group	143499

2280	110628	Tax Reform System Implementation	$	13,638,008	$	13,642,176	143500
4330	110602	Tape File Account	$	197,802	$	197,878	143501
5AP0	110632	Discovery Project	$	2,445,799	$	2,445,657	143502
5BW0	110630	Tax Amnesty Promotion and Administration	$	2,500,000	$	0	143503
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	143504
5N50	110605	Municipal Income Tax Administration	$	339,798	$	339,975	143505
5N60	110618	Kilowatt Hour Tax Administration	$	150,000	$	150,000	143506
5V80	110623	Property Tax Administration	$	12,195,733	$	12,099,303	143507
5W40	110625	Centralized Tax Filing and Payment	$	200,000	$	200,000	143508
5W70	110627	Exempt Facility Administration	$	50,000	$	50,000	143509
TOTAL GSF General Services							143510
Fund Group			$	31,967,140	$	29,374,989	143511

State Special Revenue Fund Group	143512

4350	110607	Local Tax Administration	$	19,028,339	$	19,225,941	143513
4360	110608	Motor Vehicle Audit	$	1,474,081	$	1,474,353	143514
4370	110606	Litter/Natural Resource Tax Administration	$	20,000	$	20,000	143515
4380	110609	School District Income Tax	$	5,859,041	$	5,860,650	143516
4C60	110616	International Registration Plan	$	689,296	$	689,308	143517
4R60	110610	Tire Tax Administration	$	245,462	$	246,660	143518
5V70	110622	Motor Fuel Tax Administration	$	5,384,254	$	5,086,236	143519
6390	110614	Cigarette Tax Enforcement	$	1,384,217	$	1,384,314	143520
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	143521
6880	110615	Local Excise Tax Administration	$	782,630	$	782,843	143522
TOTAL SSR State Special Revenue							143523
Fund Group			$	35,367,320	$	35,270,305	143524

Agency Fund Group	143525

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	143526
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	143527
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	143528

Holding Account Redistribution Fund Group	143529

R010	110611	Tax Distributions	$	50,000	$	50,000	143530
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	143531
TOTAL 090 Holding Account							143532
Redistribution Fund Group			$	100,000	$	100,000	143533
TOTAL ALL BUDGET FUND GROUPS			$	2,319,850,264	$	2,322,311,098	143534

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

143535

The foregoing appropriation item 110901, Property Tax	143536
Allocation - Taxation, is hereby appropriated to pay for the	143537
state's costs incurred due to the Homestead Exemption, the	143538
Manufactured Home Property Tax Rollback, and the Property Tax	143539
Rollback. The Tax Commissioner shall distribute these funds	143540
directly to the appropriate local taxing districts, except for	143541
school districts, notwithstanding the provisions in sections	143542
321.24 and 323.156 of the Revised Code, which provide for payment	143543
of the Homestead Exemption, the Manufactured Home Property Tax	143544
Rollback, and Property Tax Rollback by the Tax Commissioner to the	143545
appropriate county treasurer and the subsequent redistribution of	143546
these funds to the appropriate local taxing districts by the	143547
county auditor.	143548

Upon receipt of these amounts, each local taxing district	143549
shall distribute the amount among the proper funds as if it had	143550
been paid as real property taxes. Payments for the costs of	143551
administration shall continue to be paid to the county treasurer	143552
and county auditor as provided for in sections 319.54, 321.26, and	143553
323.156 of the Revised Code.	143554

Any sums, in addition to the amounts specifically	143555
appropriated in appropriation item 110901, Property Tax Allocation	143556
- Taxation, for the Homestead Exemption, the Manufactured Home	143557
Property Tax Rollback, and the Property Tax Rollback payments,	143558
which are determined to be necessary for these purposes, are	143559
hereby appropriated.	143560

TAX AMNESTY PROMOTION AND ADMINISTRATION

143561

The foregoing appropriation item 110630, Tax Amnesty	143562
Promotion and Administration, shall be used to pay expenses	143563
incurred to promote and administer the tax amnesty program to be	143564
conducted from May 1, 2012, through June 15, 2012, by the	143565
Department of Taxation pursuant to Section 757.40 of this act.	143566

MUNICIPAL INCOME TAX

143567

The foregoing appropriation item 110995, Municipal Income	143568
Tax, shall be used to make payments to municipal corporations	143569
under section 5745.05 of the Revised Code. If it is determined	143570
that additional appropriations are necessary to make such	143571
payments, such amounts are hereby appropriated.	143572

TAX REFUNDS

143573

The foregoing appropriation item 110635, Tax Refunds, shall	143574
be used to pay refunds under section 5703.052 of the Revised Code.	143575
If it is determined that additional appropriations are necessary	143576
for this purpose, such amounts are hereby appropriated.	143577

INTERNATIONAL REGISTRATION PLAN AUDIT

143578

The foregoing appropriation item 110616, International	143579
Registration Plan, shall be used under section 5703.12 of the	143580
Revised Code for audits of persons with vehicles registered under	143581
the International Registration Plan.	143582

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

143583

Of the foregoing appropriation item 110607, Local Tax	143584
Administration, the Tax Commissioner may disburse funds, if	143585
available, for the purposes of paying travel expenses incurred by	143586
members of Ohio's delegation to the Streamlined Sales Tax Project,	143587
as appointed under section 5740.02 of the Revised Code. Any travel	143588
expense reimbursement paid for by the Department of Taxation shall	143589
be done in accordance with applicable state laws and guidelines.	143590

CENTRALIZED TAX FILING AND PAYMENT FUND

143591

The Director of Budget and Management, under a plan submitted	143592
by the Tax Commissioner, or as otherwise determined by the	143593
Director of Budget and Management, shall set a schedule to	143594
transfer cash from the General Revenue Fund to the credit of the	143595
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers	143596
of cash shall not exceed $400,000 in the biennium.	143597

TOBACCO SETTLEMENT ENFORCEMENT

143598

The foregoing appropriation item 110404, Tobacco Settlement	143599
Enforcement, shall be used by the Tax Commissioner to pay costs	143600
incurred in the enforcement of divisions (F) and (G) of section	143601
5743.03 of the Revised Code.	143602

Section 403.20. FUND TRANSFERS TO TAX AMNESTY PROGRAM

143603

Notwithstanding any provision of law to the contrary, not	143604
later than thirty days following the effective date of this	143605
section, the Director of Budget and Management shall transfer	143606
$2,500,000 from the General Revenue Fund to the Tax Amnesty	143607
Promotion and Administration Fund (5BW0), which is hereby created	143608
in the state treasury. The funds shall be used by the Department	143609
of Taxation to pay expenses incurred in promoting and	143610
administering the tax amnesty program that is to be conducted from	143611
May 1, 2012, through June 15, 2012, pursuant to section 757.40 of	143612
this act.	143613

Section 405.10. DOT DEPARTMENT OF TRANSPORTATION

143614

General Revenue Fund	143615

GRF	775451	Public Transportation - State	$	7,300,000	$	7,300,000	143616
GRF	776465	Ohio Rail Development Commission	$	2,000,000	$	2,000,000	143617
GRF	777471	Airport Improvements - State	$	750,000	$	750,000	143618
TOTAL GRF General Revenue Fund			$	10,050,000	$	10,050,000	143619
TOTAL ALL BUDGET FUND GROUPS			$	10,050,000	$	10,050,000	143620

Section 407.10. TOS TREASURER OF STATE

143622

General Revenue Fund	143623

GRF	090321	Operating Expenses	$	7,743,553	$	7,743,553	143624
GRF	090401	Office of the Sinking Fund	$	502,304	$	502,304	143625
GRF	090402	Continuing Education	$	377,702	$	377,702	143626
GRF	090524	Police and Fire Disability Pension Fund	$	7,900	$	7,900	143627
GRF	090534	Police and Fire Ad Hoc Cost of Living	$	87,000	$	87,000	143628
GRF	090554	Police and Fire Survivor Benefits	$	600,000	$	600,000	143629
GRF	090575	Police and Fire Death Benefits	$	20,000,000	$	20,000,000	143630
TOTAL GRF General Revenue Fund			$	29,318,459	$	29,318,459	143631

General Services Fund Group	143632

4E90	090603	Securities Lending Income	$	4,829,441	$	4,829,441	143633
5770	090605	Investment Pool Reimbursement	$	550,000	$	550,000	143634
5C50	090602	County Treasurer Education	$	170,057	$	170,057	143635
6050	090609	Treasurer of State Administrative Fund	$	135,000	$	135,000	143636
TOTAL GSF General Services							143637
Fund Group			$	5,684,498	$	5,684,498	143638

Agency Fund Group	143639

4250	090635	Tax Refunds	$	6,000,000	$	6,000,000	143640
TOTAL Agency Fund Group			$	6,000,000	$	6,000,000	143641
TOTAL ALL BUDGET FUND GROUPS			$	41,002,957	$	41,002,957	143642

Section 407.20. OFFICE OF THE SINKING FUND

143644

The foregoing appropriation item 090401, Office of the	143645
Sinking Fund, shall be used for costs incurred by or on behalf of	143646
the Commissioners of the Sinking Fund and the Ohio Public	143647
Facilities Commission with respect to State of Ohio general	143648
obligation bonds or notes, and the Treasurer of State with respect	143649
to State of Ohio general obligation and special obligation bonds	143650
or notes, including, but not limited to, printing, advertising,	143651
delivery, rating fees and the procurement of ratings, professional	143652
publications, membership in professional organizations, and other	143653
services referred to in division (D) of section 151.01 of the	143654
Revised Code. The General Revenue Fund shall be reimbursed for	143655
such costs relating to the issuance and administration of Highway	143656
Capital Improvement bonds or notes authorized under Ohio	143657
Constitution, Article VIII, Section 2m and Chapter 151. of the	143658
Revised Code. That reimbursement shall be made from appropriation	143659
item 155902, Highway Capital Improvement Bond Retirement Fund, by	143660
intrastate transfer voucher pursuant to a certification by the	143661
Office of the Sinking Fund of the actual amounts used. The amounts	143662
necessary to make such a reimbursement are hereby appropriated	143663
from the Highway Capital Improvement Bond Retirement Fund created	143664
in section 151.06 of the Revised Code.	143665

POLICE AND FIRE DEATH BENEFIT FUND

143666

The foregoing appropriation item 090575, Police and Fire	143667
Death Benefits, shall be disbursed quarterly by the Treasurer of	143668
State at the beginning of each quarter of each fiscal year to the	143669
Board of Trustees of the Ohio Police and Fire Pension Fund. The	143670
Treasurer of State shall certify such amounts quarterly to the	143671
Director of Budget and Management. By the twentieth day of June of	143672
each fiscal year, the Board of Trustees of the Ohio Police and	143673
Fire Pension Fund shall certify to the Treasurer of State the	143674
amount disbursed in the current fiscal year to make the payments	143675
required by section 742.63 of the Revised Code and shall return to	143676
the Treasurer of State moneys received from this appropriation	143677
item but not disbursed.	143678

TAX REFUNDS

143679

The foregoing appropriation item 090635, Tax Refunds, shall	143680
be used to pay refunds under section 5703.052 of the Revised Code.	143681
If the Director of Budget and Management determines that	143682
additional amounts are necessary for this purpose, such amounts	143683
are hereby appropriated.	143684

Section 409.10. VTO VETERANS' ORGANIZATIONS

143685

General Revenue Fund	143686

VAP AMERICAN EX-PRISONERS OF WAR	143687

GRF

743501

State Support

28,910

143688

VAN ARMY AND NAVY UNION, USA, INC.	143689

GRF

746501

State Support

63,539

143690

VKW KOREAN WAR VETERANS	143691

GRF

747501

State Support

57,118

143692

VJW JEWISH WAR VETERANS	143693

GRF

748501

State Support

34,321

143694

VCW CATHOLIC WAR VETERANS	143695

GRF

749501

State Support

66,978

143696

VPH MILITARY ORDER OF THE PURPLE HEART	143697

GRF

750501

State Support

65,116

143698

VVV VIETNAM VETERANS OF AMERICA	143699

GRF

751501

State Support

214,776

143700

VAL AMERICAN LEGION OF OHIO	143701

GRF

752501

State Support

349,189

143702

VII AMVETS	143703

GRF

753501

State Support

332,547

143704

VAV DISABLED AMERICAN VETERANS	143705

GRF

754501

State Support

249,836

143706

VMC MARINE CORPS LEAGUE	143707

GRF

756501

State Support

133,947

143708

V37 37TH DIVISION VETERANS' ASSOCIATION	143709

GRF

757501

State Support

6,868

143710

VFW VETERANS OF FOREIGN WARS	143711

GRF

758501

State Support

284,841

143712

TOTAL GRF General Revenue Fund					$	1,887,986		$	1,887,986		143713
TOTAL ALL BUDGET FUND GROUPS					$	1,887,986		$	1,887,986		143714

RELEASE OF FUNDS

143715

The Director of Budget and Management may release the	143716
foregoing appropriation items 743501, 746501, 747501, 748501,	143717
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,	143718
and 758501, State Support.	143719

Section 411.10. DVS DEPARTMENT OF VETERANS SERVICES

143720

General Revenue Fund	143721

GRF	900321	Veterans' Homes	$	27,369,946	$	27,369,946	143722
GRF	900402	Hall of Fame	$	107,075	$	107,075	143723
GRF	900408	Department of Veterans Services	$	1,901,823	$	1,901,823	143724
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	5,486,600	$	10,112,100	143725
TOTAL GRF General Revenue Fund			$	34,865,444	$	39,490,944	143726

General Services Fund Group	143727

4840	900603		Veterans' Homes Services		$	305,806		$	312,458		143728
TOTAL GSF General Services Fund Group					$	305,806		$	312,458		143729

Federal Special Revenue Fund Group	143730

3680	900614	Veterans Training	$	769,500	$	754,377	143731
3740	900606	Troops to Teachers	$	136,786	$	133,461	143732
3BX0	900609	Medicare Services	$	2,500,000	$	2,490,169	143733
3L20	900601	Veterans' Homes Operations - Federal	$	23,455,379	$	23,476,269	143734
TOTAL FED Federal Special Revenue							143735
Fund Group			$	26,861,665	$	26,854,276	143736

State Special Revenue Fund Group	143737

4E20	900602	Veterans' Homes Operating	$	10,117,680	$	10,319,078	143738
6040	900604	Veterans' Homes Improvement	$	347,598	$	398,731	143739
TOTAL SSR State Special Revenue							143740
Fund Group			$	10,465,278	$	10,717,809	143741

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	143742

7041	900615	Veteran Bonus Program - Administration	$	1,605,410	$	1,147,703	143743
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	25,425,000	$	24,300,000	143744
TOTAL 041 Persian Gulf,							143745
Afghanistan, and Iraq							143746
Compensation Fund Group			$	27,030,410	$	25,447,703	143747
TOTAL ALL BUDGET FUND GROUPS			$	99,528,603	$	102,823,190	143748

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	143749
OBLIGATION DEBT SERVICE	143750

The foregoing appropriation item 900901, Persian Gulf,	143751
Afghanistan and Iraq Compensation Debt Service, shall be used to	143752
pay all debt service and related financing costs during the period	143753
from July 1, 2011, through June 30, 2013, on obligations issued	143754
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	143755
purposes under sections 151.01 and 151.12 of the Revised Code.	143756

Section 413.10. DVM STATE VETERINARY MEDICAL BOARD

143757

General Services Fund Group	143758

4K90	888609	Operating Expenses	$	322,375	$	319,857	143759
5BV0	888602	Veterinary Student Loan Program	$	30,000	$	30,000	143760
TOTAL GSF General Services							143761
Fund Group			$	352,375	$	349,857	143762
TOTAL ALL BUDGET FUND GROUPS			$	352,375	$	349,857	143763

Section 415.10. DYS DEPARTMENT OF YOUTH SERVICES

143765

General Revenue Fund	143766

GRF	470401	RECLAIM Ohio	$	168,716,967	$	162,362,228	143767
GRF	470412	Lease Rental Payments	$	10,221,800	$	27,230,100	143768
GRF	470510	Youth Services	$	16,702,728	$	16,702,728	143769
GRF	472321	Parole Operations	$	10,830,019	$	10,583,118	143770
GRF	477321	Administrative Operations	$	12,222,051	$	11,855,389	143771
TOTAL GRF General Revenue Fund			$	218,693,565	$	228,733,563	143772

General Services Fund Group	143773

1750	470613	Education Reimbursement	$	8,160,277	$	8,151,056	143774
4790	470609	Employee Food Service	$	150,000	$	150,000	143775
4A20	470602	Child Support	$	450,000	$	400,000	143776
4G60	470605	General Operational Funds	$	125,000	$	125,000	143777
5BN0	470629	E-Rate Program	$	535,000	$	535,000	143778
TOTAL GSF General Services							143779
Fund Group			$	9,420,277	$	9,361,056	143780

Federal Special Revenue Fund Group	143781

3210	470601	Education	$	1,774,469	$	1,517,840	143782
3210	470603	Juvenile Justice Prevention	$	300,000	$	300,000	143783
3210	470606	Nutrition	$	1,747,432	$	1,704,022	143784
3210	470610	Rehabilitation Programs	$	36,000	$	36,000	143785
3210	470614	Title IV-E Reimbursements	$	6,000,000	$	6,000,000	143786
3BY0	470635	Federal Juvenile Programs FFY 07	$	56,471	$	2,000	143787
3BZ0	470636	Federal Juvenile Programs FFY 08	$	82,000	$	1,618	143788
3CP0	470638	Federal Juvenile Programs FFY 09	$	500,000	$	300,730	143789
3CR0	470639	Federal Juvenile Programs FFY 10	$	800,000	$	479,900	143790
3FB0	470641	Federal Juvenile Programs FFY 11	$	135,000	$	600,000	143791
3FC0	470642	Federal Juvenile Programs FFY 12	$	0	$	135,000	143792
3V50	470604	Juvenile Justice/Delinquency Prevention	$	2,010,000	$	2,000,000	143793
TOTAL FED Federal Special Revenue							143794
Fund Group			$	13,441,372	$	13,077,110	143795

State Special Revenue Fund Group	143796

1470	470612	Vocational Education	$	762,126	$	758,210	143797
TOTAL SSR State Special Revenue							143798
Fund Group			$	762,126	$	758,210	143799
TOTAL ALL BUDGET FUND GROUPS			$	242,317,340	$	251,929,939	143800

COMMUNITY PROGRAMS

143801

Of the foregoing appropriation item 470401, RECLAIM Ohio, an	143802
amount equal to forty-five per cent of the unexpended,	143803
unencumbered balance used for the purpose of funding juvenile	143804
correctional facilities, at the end of each fiscal year, is hereby	143805
reappropriated to the next fiscal year, and shall be used for the	143806
purpose of expanding Targeted RECLAIM, the Behavioral Health	143807
Juvenile Justice Initiative, and other evidence-based community	143808
programs.	143809

OHIO BUILDING AUTHORITY LEASE PAYMENTS

143810

The foregoing appropriation item 470412, Lease Rental	143811
Payments, shall be used to meet all payments at the times they are	143812
required to be made for the period from July 1, 2011, through June	143813
30, 2013, by the Department of Youth Services to the Ohio Building	143814
Authority under the leases and agreements for facilities made	143815
under Chapter 152. of the Revised Code. This appropriation is the	143816
source of funds pledged for bond service charges on related	143817
obligations issued pursuant to Chapter 152. of the Revised Code.	143818

EDUCATION REIMBURSEMENT

143819

The foregoing appropriation item 470613, Education	143820
Reimbursement, shall be used to fund the operating expenses of	143821
providing educational services to youth supervised by the	143822
Department of Youth Services. Operating expenses include, but are	143823
not limited to, teachers' salaries, maintenance costs, and	143824
educational equipment. This appropriation item may be used for	143825
capital expenses related to the education program.	143826

EMPLOYEE FOOD SERVICE AND EQUIPMENT

143827

Notwithstanding section 125.14 of the Revised Code, the	143828
foregoing appropriation item 470609, Employee Food Service, may be	143829
used to purchase any food operational items with funds received	143830
into the fund from reimbursements for state surplus property.	143831

FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES

143832

In collaboration with the county family and children first	143833
council, the juvenile court of that county that receives	143834
allocations from one or both of the foregoing appropriation items	143835
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer	143836
portions of those allocations to a flexible funding pool as	143837
authorized by the section titled FAMILY AND CHILDREN FIRST	143838
FLEXIBLE FUNDING POOL, of this act.	143839

Section 501.10. All items set forth in this section are	143840
hereby appropriated for fiscal year 2012 out of any moneys in the	143841
state treasury to the credit of the Administrative Building Fund	143842
(Fund 7026) that are not otherwise appropriated.	143843

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD	143844

C87416	Statehouse Boiler Replacement	$	900,000	143845
Total Capitol Square Review and Advisory Board		$	900,000	143846
TOTAL Administrative Building Fund		$	900,000	143847

Section 503.20. All items set forth in this section are	143849
hereby appropriated for fiscal year 2012 out of any moneys in the	143850
state treasury to the credit of the Parks and Recreation	143851
Improvement Fund (Fund 7035) that are not otherwise appropriated.	143852

DNR DEPARTMENT OF NATURAL RESOURCES	143853

C725S3	Caesar Creek Marina	$	4,000,000	143854
Total Department of Natural Resources		$	4,000,000	143855
TOTAL Parks and Recreation Improvement Fund		$	4,000,000	143856

Section 503.10. PERSONAL SERVICE EXPENSES

143858

Unless otherwise prohibited by law, any appropriation from	143859
which personal service expenses are paid shall bear the employer's	143860
share of public employees' retirement, workers' compensation,	143861
disabled workers' relief, and insurance programs; and the costs of	143862
centralized financial services, centralized payroll processing,	143863
and related reports and services; centralized human resources	143864
services, including affirmative action and equal employment	143865
opportunity programs; the Office of Collective Bargaining; the	143866
Employee Assistance Program; centralized information technology	143867
management services; administering the enterprise resource	143868
planning system; and administering the state employee merit system	143869
as required by section 124.07 of the Revised Code. These costs	143870
shall be determined in conformity with the appropriate sections of	143871
law and paid in accordance with procedures specified by the Office	143872
of Budget and Management. Expenditures from appropriation item	143873
070601, Public Audit Expense - Intra-State, may be exempted from	143874
the requirements of this section.	143875

Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	143876
AGAINST THE STATE	143877

Except as otherwise provided in this section, an	143878
appropriation in this act or any other act may be used for the	143879
purpose of satisfying judgments, settlements, or administrative	143880
awards ordered or approved by the Court of Claims or by any other	143881
court of competent jurisdiction in connection with civil actions	143882
against the state. This authorization does not apply to	143883
appropriations to be applied to or used for payment of guarantees	143884
by or on behalf of the state, or for payments under lease	143885
agreements relating to, or debt service on, bonds, notes, or other	143886
obligations of the state. Notwithstanding any other statute to the	143887
contrary, this authorization includes appropriations from funds	143888
into which proceeds of direct obligations of the state are	143889
deposited only to the extent that the judgment, settlement, or	143890
administrative award is for, or represents, capital costs for	143891
which the appropriation may otherwise be used and is consistent	143892
with the purpose for which any related obligations were issued or	143893
entered into. Nothing contained in this section is intended to	143894
subject the state to suit in any forum in which it is not	143895
otherwise subject to suit, and is not intended to waive or	143896
compromise any defense or right available to the state in any suit	143897
against it.	143898

Section 503.30. CAPITAL PROJECT SETTLEMENTS

143899

This section specifies an additional and supplemental	143900
procedure to provide for payments of judgments and settlements if	143901
the Director of Budget and Management determines, pursuant to	143902
division (C)(4) of section 2743.19 of the Revised Code, that	143903
sufficient unencumbered moneys do not exist in the fund to support	143904
a particular appropriation to pay the amount of a final judgment	143905
rendered against the state or a state agency, including the	143906
settlement of a claim approved by a court, in an action upon and	143907
arising out of a contractual obligation for the construction or	143908
improvement of a capital facility if the costs under the contract	143909
were payable in whole or in part from a state capital projects	143910
appropriation. In such a case, the Director may either proceed	143911
pursuant to division (C)(4) of section 2743.19 of the Revised Code	143912
or apply to the Controlling Board to increase an appropriation or	143913
create an appropriation out of any unencumbered moneys in the	143914
state treasury to the credit of the capital projects fund from	143915
which the initial state appropriation was made. The amount of an	143916
increase in appropriation or new appropriation approved by the	143917
Controlling Board is hereby appropriated from the applicable	143918
capital projects fund and made available for the payment of the	143919
judgment or settlement.	143920

If the Director does not make the application authorized by	143921
this section or the Controlling Board disapproves the application,	143922
and the Director does not make application under division (C)(4)	143923
of section 2743.19 of the Revised Code, the Director shall for the	143924
purpose of making that payment make a request to the General	143925
Assembly as provided for in division (C)(5) of that section.	143926

Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS

143927

In order to provide funds for the reissuance of voided	143928
warrants under section 126.37 of the Revised Code, there is hereby	143929
appropriated, out of moneys in the state treasury from the fund	143930
credited as provided in section 126.37 of the Revised Code, that	143931
amount sufficient to pay such warrants when approved by the Office	143932
of Budget and Management.	143933

Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	143934
BALANCES OF OPERATING APPROPRIATIONS	143935

(A) An unexpended balance of an operating appropriation or	143936
reappropriation that a state agency lawfully encumbered prior to	143937
the close of a fiscal year is hereby reappropriated on the first	143938
day of July of the following fiscal year from the fund from which	143939
it was originally appropriated or reappropriated for the following	143940
period and shall remain available only for the purpose of	143941
discharging the encumbrance:	143942

(1) For an encumbrance for personal services, maintenance,	143943
equipment, or items for resale, other than an encumbrance for an	143944
item of special order manufacture not available on term contract	143945
or in the open market or for reclamation of land or oil and gas	143946
wells, for a period of not more than five months from the end of	143947
the fiscal year;	143948

(2) For an encumbrance for an item of special order	143949
manufacture not available on term contract or in the open market,	143950
for a period of not more than five months from the end of the	143951
fiscal year or, with the written approval of the Director of	143952
Budget and Management, for a period of not more than twelve months	143953
from the end of the fiscal year;	143954

(3) For an encumbrance for reclamation of land or oil and gas	143955
wells, for a period ending when the encumbered appropriation is	143956
expended or for a period of two years, whichever is less;	143957

(4) For an encumbrance for any other expense, for such period	143958
as the Director approves, provided such period does not exceed two	143959
years.	143960

(B) Any operating appropriations for which unexpended	143961
balances are reappropriated beyond a five-month period from the	143962
end of the fiscal year by division (A)(2) of this section shall be	143963
reported to the Controlling Board by the Director of Budget and	143964
Management by the thirty-first day of December of each year. The	143965
report on each such item shall include the item, the cost of the	143966
item, and the name of the vendor. The report shall be updated on a	143967
quarterly basis for encumbrances remaining open.	143968

(C) Upon the expiration of the reappropriation period set out	143969
in division (A) of this section, a reappropriation made by this	143970
section lapses, and the Director of Budget and Management shall	143971
cancel the encumbrance of the unexpended reappropriation not later	143972
than the end of the weekend following the expiration of the	143973
reappropriation period.	143974

(D) Notwithstanding division (C) of this section, with the	143975
approval of the Director of Budget and Management, an unexpended	143976
balance of an encumbrance that was reappropriated on the first day	143977
of July by this section for a period specified in division (A)(3)	143978
or (4) of this section and that remains encumbered at the close of	143979
the fiscal biennium is hereby reappropriated on the first day of	143980
July of the following fiscal biennium from the fund from which it	143981
was originally appropriated or reappropriated for the applicable	143982
period specified in division (A)(3) or (4) of this section and	143983
shall remain available only for the purpose of discharging the	143984
encumbrance.	143985

(E) The Director of Budget and Management may correct	143986
accounting errors committed by the staff of the Office of Budget	143987
and Management, such as re-establishing encumbrances or	143988
appropriations cancelled in error, during the cancellation of	143989
operating encumbrances in November and of nonoperating	143990
encumbrances in December.	143991

(F) If the Controlling Board approved a purchase, that	143992
approval remains in effect so long as the appropriation used to	143993
make that purchase remains encumbered.	143994

Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	143995
RE-ESTABLISHMENT OF ENCUMBRANCES	143996

Any cash transferred by the Director of Budget and Management	143997
under section 126.15 of the Revised Code is hereby appropriated.	143998
Any amounts necessary to re-establish appropriations or	143999
encumbrances under section 126.15 of the Revised Code are hereby	144000
appropriated.	144001

Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES

144002

There are hereby appropriated out of any moneys in the state	144003
treasury to the credit of the General Revenue Fund, which are not	144004
otherwise appropriated, funds sufficient to make any payment	144005
required by division (B)(2) of section 5747.03 of the Revised	144006
Code.	144007

Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES	144008
APPROVED BY THE CONTROLLING BOARD	144009

Any money that the Controlling Board approves for expenditure	144010
or any increase in appropriation that the Controlling Board	144011
approves under sections 127.14, 131.35, and 131.39 of the Revised	144012
Code or any other provision of law is hereby appropriated for the	144013
period ending June 30, 2013.	144014

Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S	144015
RESIDENCE	144016

If the Governor's Residence Fund (Fund 4H20) receives payment	144017
for use of the residence pursuant to section 107.40 of the Revised	144018
Code, the amounts so received are hereby appropriated to	144019
appropriation item 100604, Governor's Residence Gift.	144020

Section 503.93. PENSION SHIFT REPLACEMENT

144021

The Director of Budget and Management may authorize	144022
additional expenditures from various General Revenue Fund and	144023
non-General Revenue Fund appropriation items in order to fully	144024
fund the employer's share of public retirement system	144025
contributions for state employees who are paid directly by warrant	144026
of the Director of Budget and Management. Any additional	144027
expenditures authorized by the Director of Budget and Management	144028
under this paragraph are hereby appropriated.	144029

Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

144030

Unless the agency and nuclear electric utility mutually agree	144031
to a higher amount by contract, the maximum amounts that may be	144032
assessed against nuclear electric utilities under division (B)(2)	144033
of section 4937.05 of the Revised Code and deposited into the	144034
specified funds are as follows:	144035

Fund	User		FY 2012		FY 2013	144036
Utility Radiological Safety Fund (Fund 4E40)	Department of Agriculture	$	131,785	$	131,785	144037
Radiation Emergency Response Fund (Fund 6100)	Department of Health	$	930,525	$	930,576	144038
ER Radiological Safety Fund (Fund 6440)	Environmental Protection Agency	$	279,838	$	279,966	144039
Emergency Response Plan Fund (Fund 6570)	Department of Public Safety	$	1,415,945	$	1,415,945	144040

Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF	144041
INTEREST EARNED	144042

Notwithstanding any provision of law to the contrary, the	144043
Director of Budget and Management, through June 30, 2013, may	144044
transfer interest earned by any state fund to the General Revenue	144045
Fund. This section does not apply to funds whose source of revenue	144046
is restricted or protected by the Ohio Constitution, federal tax	144047
law, or the "Cash Management Improvement Act of 1990," 104 Stat.	144048
1058 (1990), 31 U.S.C. 6501 et seq., as amended.	144049

Section 512.30. CASH TRANSFERS TO THE GENERAL REVENUE FUND	144050
FROM NON-GRF FUNDS	144051

Notwithstanding any provision of law to the contrary, during	144052
fiscal years 2012 and 2013, the Director of Budget and Management	144053
may transfer up to $60,000,000 in cash from non-General Revenue	144054
Funds that are not constitutionally restricted to the General	144055
Revenue Fund in order to ensure that available General Revenue	144056
Fund receipts and balances are sufficient to support General	144057
Revenue Fund appropriations in each fiscal year. The Director	144058
shall not make transfers from any non-General Revenue Fund if more	144059
than thirty per cent of the total fund value consists of cash from	144060
donations.	144061

Section 512.40. FISCAL YEAR 2011 GENERAL REVENUE FUND ENDING	144062
BALANCE	144063

Notwithstanding divisions (B) and (C) of section 131.44 of	144064
the Revised Code, the Director of Budget and Management shall	144065
determine the surplus General Revenue Fund revenue that existed on	144066
June 30, 2011, in excess of the amount required under division	144067
(A)(3) of section 131.44 of the Revised Code, and transfer from	144068
the General Revenue Fund, to the extent of the amount so	144069
determined, the following:	144070

(A) To the Disaster Services Fund (Fund 5E20), a cash amount	144071
up to $25,000,000;	144072

(B) To the Controlling Board Emergency Purposes Fund (Fund	144073
5KM0), a cash amount of up to $20,000,000.	144074

Section 512.60. NATURAL RESOURCES PUBLICATIONS

144075

On July 1, 2011, or as soon as possible thereafter, the	144076
Director of Budget and Management, at the request of the Director	144077
of Natural Resources, shall transfer the remaining cash balance in	144078
the Natural Resources Publications and Promotional Materials Fund	144079
(Fund 5080) to the Departmental Projects Fund (Fund 1550) and the	144080
Geological Mapping Fund (Fund 5110) in such amounts as determined	144081
by the Director of Budget and Management after consultation with	144082
the Director of Natural Resources. The Director of Budget and	144083
Management shall cancel all existing encumbrances against	144084
appropriation item 725684, Natural Resources Publications, and	144085
reestablish them against appropriation item 725601, Departmental	144086
Projects, and appropriation item 725646, Ohio Geological Mapping.	144087
Upon completion of the transfer, the Natural Resources	144088
Publications and Promotional Materials Fund is hereby abolished.	144089
Beginning July 1, 2011, all moneys from the sale of books,	144090
bulletins, maps, or other publications and promotional materials	144091
shall be credited to the Departmental Projects Fund (Fund 1550) or	144092
the Geological Mapping Fund (Fund 5110) as determined by the	144093
Director of Natural Resources.	144094

Section 512.70. On July 1, 2011, or as soon as possible	144095
thereafter, the Director of Budget and Management shall transfer	144096
the cash balance in the Penalty Enforcement Fund (Fund 5K70) to	144097
the Labor Operating Fund (Fund 5560). The Director shall cancel	144098
any existing encumbrances against appropriation item 800621,	144099
Penalty Enforcement, and re-establish them against appropriation	144100
item 800615, Industrial Compliance. The re-established encumbrance	144101
amounts are hereby appropriated. Upon completion of the transfer,	144102
Fund 5K70 is abolished.	144103

Section 512.80. ABOLISHMENT OF PASSPORT FUND

144104

On July 1, 2011, or as soon as possible thereafter, the	144105
Director of Budget and Management shall transfer the cash balance	144106
in the PASSPORT Fund (Fund 4U90) to the Nursing Home Franchise	144107
Permit Fee Fund (Fund 5R20). Upon completion of the transfer, Fund	144108
4U90 is abolished. The Director shall cancel any existing	144109
encumbrances against appropriation item 490602, PASSPORT Fund, and	144110
reestablish them against appropriation item 600613, Nursing	144111
Facility Bed Assessments. The reestablished encumbrance amounts	144112
are hereby appropriated.	144113

Section 512.90. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

144114

There is established in the Highway Operating Fund (Fund	144115
7002) in the Department of Transportation a Diesel Emissions	144116
Reduction Grant Program. The Director of Environmental Protection	144117
shall administer the program and shall solicit, evaluate, score,	144118
and select projects submitted by public and private entities that	144119
are eligible for the federal Congestion Mitigation and Air Quality	144120
(CMAQ) Program. The Director of Transportation shall process	144121
Federal Highway Administration-approved projects as recommended by	144122
the Director of Environmental Protection.	144123

In addition to the allowable expenditures set forth in	144124
section 122.861 of the Revised Code, Diesel Emissions Reduction	144125
Grant Program funds also may be used to fund projects involving	144126
the purchase or use of hybrid and alternative fuel vehicles that	144127
are allowed under guidance developed by the Federal Highway	144128
Administration for the CMAQ Program.	144129

Public entities eligible to receive funds under section	144130
122.861 of the Revised Code and CMAQ shall be reimbursed from the	144131
Department of Transportation's Diesel Emissions Reduction Grant	144132
Program.	144133

Private entities eligible to receive funds under section	144134
122.861 of the Revised Code and CMAQ shall be reimbursed through	144135
transfers of cash from the Department of Transportation's Diesel	144136
Emissions Reduction Grant Program to the Diesel Emissions	144137
Reduction Fund (Fund 3FH0), which is hereby created and to be used	144138
by the Environmental Protection Agency.	144139

Appropriation item 715693, Diesel Emissions Reduction Grants,	144140
is established with an appropriation of $10,000,000 in FY 2012 and	144141
$10,000,000 in FY 2013. Total expenditures between both the	144142
Environmental Protection Agency and the Department of	144143
Transportation shall not exceed the amounts appropriated in this	144144
section.	144145

On or before June 30, 2012, any unencumbered balance of the	144146
foregoing appropriation item 715693, Diesel Emissions Reduction	144147
Grants, for fiscal year 2012 is appropriated for the same purposes	144148
in fiscal year 2013.	144149

Any cash transfers or allocations under this section	144150
represent CMAQ program moneys within the Department of	144151
Transportation for use by the Diesel Emissions Reduction Grant	144152
Program by the Environmental Protection Agency. These allocations	144153
shall not reduce the amount of such moneys designated for	144154
metropolitan planning organizations.	144155

The Director of Environmental Protection, in consultation	144156
with the Directors of Development and Transportation, shall	144157
develop guidance for the distribution of funds and for the	144158
administration of the Diesel Emissions Reduction Grant Program.	144159
The guidance shall include a method of prioritization for	144160
projects, acceptable technologies, and procedures for awarding	144161
grants.	144162

Section 515.20. (A) On the effective date of the amendment of	144163
the statutes creating the Division of Oil and Gas Resources	144164
Management in the Department of Natural Resources by this act, the	144165
functions, assets, and liabilities of the Division of Mineral	144166
Resources Management in the Department of Natural Resources with	144167
respect to oil and gas are transferred to the Division of Oil and	144168
Gas Resources Management. The Division of Oil and Gas Resources	144169
Management is successor to, assumes the obligations and authority	144170
of, and otherwise continues the Division of Mineral Resources	144171
Management with respect to oil and gas. No right, privilege, or	144172
remedy, and no duty, liability, or obligation, accrued under the	144173
Division of Mineral Resources Management with respect to oil and	144174
gas is impaired or lost by reason of the transfer and shall be	144175
recognized, administered, performed, or enforced by the Division	144176
of Oil and Gas Resources Management.	144177

(B) Business commenced but not completed by the Division of	144178
Mineral Resources Management or by the Chief of the Division of	144179
Mineral Resources Management with respect to oil and gas shall be	144180
completed by the Division of Oil and Gas Resources Management or	144181
the Chief of the Division of Oil and Gas Resources Management in	144182
the same manner, and with the same effect, as if completed by the	144183
Division of Mineral Resources Management or by the Chief of the	144184
Division of Mineral Resources Management.	144185

(C) All of the Division of Mineral Resources Management's	144186
rules, orders, and determinations with respect to oil and gas	144187
continue in effect as rules, orders, and determinations of the	144188
Division of Oil and Gas Resources Management until modified or	144189
rescinded by the Division of Oil and Gas Resources Management. If	144190
necessary to ensure the integrity of the numbering of the	144191
Administrative Code, the Director of the Legislative Service	144192
Commission shall renumber the Division of Mineral Resources	144193
Management's rules with respect to oil and gas to reflect their	144194
transfer to the Division of Oil and Gas Resources Management.	144195

(D) The Director of Budget and Management shall determine the	144196
amount of unexpended balances in the appropriation accounts that	144197
pertain to the Division of Mineral Resources Management with	144198
respect to oil and gas and shall recommend to the Controlling	144199
Board their transfer to the appropriation accounts that pertain to	144200
the Division of Oil and Gas Resources Management. The Chief of the	144201
Division of Mineral Resources Management shall provide full and	144202
timely information to the Controlling Board to facilitate the	144203
transfer.	144204

(E) Whenever the Division of Mineral Resources Management or	144205
the Chief of the Division of Mineral Resources Management is	144206
referred to in a statute, contract, or other instrument with	144207
respect to oil and gas, the reference is deemed to refer to the	144208
Division of Oil and Gas Resources Management or to the Chief of	144209
the Division of Oil and Gas Resources Management, whichever is	144210
appropriate in context.	144211

(F) No pending action or proceeding being prosecuted or	144212
defended in court or before an agency with respect to oil and gas	144213
by the Division of Mineral Resources Management or the Chief of	144214
the Division of Mineral Resources Management is affected by the	144215
transfer and shall be prosecuted or defended in the name of the	144216
Division of Oil and Gas Resources Management or the Chief of the	144217
Division of Oil and Gas Resources Management, whichever is	144218
appropriate. Upon application to the court or agency, the Division	144219
of Oil and Gas Resources Management or the Chief of the Division	144220
of Oil and Gas Resources Management shall be substituted as a	144221
party.	144222

Section 515.23. On the effective date of the amendments to	144223
section 1517.03 of the Revised Code by this act, the terms of	144224
office of members appointed to the Ohio Natural Areas Council	144225
under section 1517.03 of the Revised Code prior to its amendment	144226
by this act are terminated.	144227

Section 515.30. (A) On the effective date of the amendment of	144228
the statutes governing the Ohio Coal Development Office by this	144229
act, the Ohio Coal Development Office and all of its functions,	144230
together with its assets and liabilities, are transferred from	144231
within the Ohio Air Quality Development Authority to within the	144232
Department of Development. The Ohio Coal Development Office in the	144233
Department of Development assumes the obligations of and otherwise	144234
constitutes the continuation of the Ohio Coal Development Office	144235
in the Ohio Air Quality Development Authority.	144236

(B) Any business commenced but not completed by the Ohio Coal	144237
Development Office in the Ohio Air Quality Development Authority	144238
or the Director of that office on the effective date of the	144239
amendment of the statutes governing that Office by this act shall	144240
be completed by the Ohio Coal Development Office in the Department	144241
of Development or the Director of that Office in the same manner,	144242
and with the same effect, as if completed by the Ohio Coal	144243
Development Office in the Ohio Air Quality Development Authority	144244
or the Director of that Office. Any validation, cure, right,	144245
privilege, remedy, obligation, or liability is not lost or	144246
impaired by reason of the transfer required by this section and	144247
shall be administered by the Ohio Coal Development Office in the	144248
Department of Development.	144249

(C) All of the rules, orders, and determinations of the Ohio	144250
Coal Development Office in the Ohio Air Quality Development	144251
Authority or of the Ohio Air Quality Development Authority in	144252
relation to that Office continue in effect as rules, orders, and	144253
determinations of the Ohio Coal Development Office in the	144254
Department of Development until modified or rescinded by that	144255
Office or by the Department of Development in relation to that	144256
Office. If necessary to ensure the integrity of the numbering of	144257
the Administrative Code, the Director of the Legislative Service	144258
Commission shall renumber rules of the Ohio Air Quality	144259
Development Authority in relation to the Ohio Coal Development	144260
Office in the Ohio Air Quality Development Authority to reflect	144261
the transfer to the Department of Development.	144262

(D) Subject to the lay-off provisions of sections 124.321 to	144263
124.328 of the Revised Code, all of the employees of the Ohio Coal	144264
Development Office in the Ohio Air Quality Development Authority	144265
are transferred to the Ohio Coal Development Office in the	144266
Department of Development and retain their positions and all the	144267
benefits accruing thereto.	144268

(E) Whenever the Ohio Coal Development Office in the Ohio Air	144269
Quality Development Office or the Authority in relation to that	144270
Office is referred to in any law, contract, or other document, the	144271
reference shall be deemed to refer to the Ohio Coal Development	144272
Office in the Department of Development or the Director of	144273
Development in relation to that Office, whichever is appropriate	144274
in context.	144275

(F) Any action or proceeding pending on the effective date of	144276
the amendment of the statutes governing the Ohio Coal Development	144277
Office by this act is not affected by the transfer of that Office	144278
and shall be prosecuted or defended in the name of the Department	144279
of Development or the Ohio Coal Development Office in that	144280
Department. In all such actions and proceedings, the Department of	144281
Development or the Ohio Coal Development Office in that	144282
Department, upon application to the court, shall be substituted as	144283
a party.	144284

Section 515.40. (A) On the effective date of this section,	144285
the building and facility operations and management functions of	144286
the Ohio Building Authority (OBA) under Chapter 152. of the	144287
Revised Code, and the related functions, assets, and liabilities,	144288
including, but not limited to, funds, accounts, records,	144289
regardless of form or medium, leases, agreements, and contracts of	144290
the OBA are transferred to the Department of Administrative	144291
Services. Notwithstanding Chapters 123., 124., 125., 126., and	144292
153. of the Revised Code, the Department is thereupon and	144293
thereafter successor to, assumes the powers and obligations of,	144294
and otherwise constitutes the continuation of the building and	144295
facilities operations and management functions of the OBA as	144296
provided in the applicable sections of Chapter 152. of the Revised	144297
Code or in any agreements relating to building and facility	144298
operation and management functions to which the Ohio Building	144299
Authority is a party, including the invoicing and collection of	144300
rent from local government tenants in state office buildings. All	144301
statutory references to OBA with regard to building and facility	144302
operations and management functions are deemed to be references to	144303
the Department of Administrative Services.	144304

(B) Any business relating to its building and facility	144305
operations and management functions commenced but not completed by	144306
the OBA by the date of transfer shall be completed by the	144307
Department of Administrative Services, in the same manner, and	144308
with the same effect, as if completed by the OBA. No validation,	144309
cure, right, privilege, remedy, obligation, or liability is lost	144310
or impaired by reason of the transfer and shall be administered by	144311
the Department of Administrative Services. All of the OBA's rules,	144312
orders, and determinations related to building and facility	144313
operations and management functions continue in effect as rules,	144314
orders, and determinations of the Department of Administrative	144315
Services, until modified or rescinded by the Department of	144316
Administrative Services. If necessary to ensure the integrity of	144317
the Administrative Code rule numbering system, the Director of the	144318
Legislative Service Commission shall renumber the OBA's rules	144319
related to the OBA's building and facility operations and	144320
management functions to reflect their transfer to the Department	144321
of Administrative Services.	144322

(C) Employees of the OBA designated as building and facility	144323
operations and management staff may be transferred to the	144324
Department of Administrative Services as the Department determines	144325
to be necessary for successful implementation of this section, to	144326
the extent possible, with no loss of service credit.	144327

(D) No judicial or administrative action or proceeding to	144328
which the OBA is a party that is pending on the effective date of	144329
this section or such later date as may be established by an	144330
authorized officer of the OBA and the Director of Administrative	144331
Services, and related to its building and facility operations and	144332
management functions, is affected by the transfer of functions.	144333
Any such action or proceeding shall be prosecuted or defended in	144334
the name of the Director of Administrative Services. On	144335
application to the court or agency, the Director of Administrative	144336
Services shall be substituted for the OBA or an authorized officer	144337
of the OBA as a party to the action or proceeding.	144338

(E) On and after the effective date of this section,	144339
notwithstanding any provision of the law to the contrary, if	144340
requested by the Director of Administrative Services, the Director	144341
of Budget and Management shall make the budget changes made	144342
necessary by the transfer, if any, including administrative	144343
reorganization, program transfers, the creation of new funds, and	144344
the consolidation of funds as authorized by this section. The	144345
Director of Budget and Management may, if necessary, establish	144346
encumbrances or parts of encumbrances as needed in fiscal year	144347
2012 in the appropriate fund and appropriation item for the same	144348
purpose and for payment to the same vendor. The established	144349
encumbrances plus any additional amounts determined to be	144350
necessary for the Department of Administrative Services to perform	144351
the building and facility operation and management functions of	144352
the Ohio Building Authority are hereby appropriated.	144353

(F) Not later than thirty days after the transfer of the	144354
building and facility operation and management functions of the	144355
Ohio Building Authority to the Department of Administrative	144356
Services, an authorized officer of the Ohio Building Authority	144357
shall certify to the Director of Administrative Services the	144358
unexpended balance and location of any funds and accounts	144359
designated for building and facility operation and management	144360
functions and custody of such funds and accounts shall be	144361
transferred to the Department of Administrative Services.	144362

(G) Notwithstanding any other provisions of this section, the	144363
Ohio Building Authority may, subsequent to the effective date of	144364
this section, meet for the purpose of better accomplishing the	144365
transfer of the building and facility operation and management	144366
functions described in this section. At any such meeting, the Ohio	144367
Building Authority may take necessary or appropriate actions to	144368
effect an orderly transition relating to the transfer of such	144369
functions.	144370

(H) Not later than August 1, 2011, employees of the Ohio	144371
Building Authority designated as building and facility operation	144372
and management staff shall be eligible to participate in group	144373
health plans offered to state employees pursuant to sections	144374
124.81 or 124.82 of the Revised Code.	144375

Section 515.50. (A) On the effective date of this section,	144376
the Construction Compliance Section of the Equal Employment	144377
Opportunity Office of the Department of Administrative Services	144378
and all of its functions, together with its assets and	144379
liabilities, are transferred from the Department of Administrative	144380
Services to the Department of Commerce. The Construction	144381
Compliance Section of the Department of Commerce assumes the	144382
obligations of and otherwise constitutes the continuation of the	144383
Construction Compliance Section of the Equal Employment	144384
Opportunity Office of the Department of Administrative Services.	144385

(B) Any business commenced, but not completed by the	144386
Construction Compliance Section of the Equal Employment	144387
Opportunity Office of the Department of Administrative Services or	144388
the Director of Administrative Services in relation to the Section	144389
shall be completed by the Construction Compliance Section of the	144390
Department of Commerce or the Director of Commerce in the same	144391
manner, and with the same effect, as if completed by the	144392
Construction Compliance Section of the Equal Employment	144393
Opportunity Office of the Department of Administrative Services or	144394
the Director of Administrative Services. Any validation, cure,	144395
right, privilege, remedy, obligation, or liability is not lost or	144396
impaired by reason of the transfer, and shall be administered by	144397
the Construction Compliance Section of the Department of Commerce.	144398

(C) All of the rules, orders, and determinations of the	144399
Construction Compliance Section of the Equal Employment	144400
Opportunity Office of the Department of Administrative Services or	144401
of the Department of Administrative Services in relation to the	144402
Construction Compliance Section continue in effect as rules,	144403
orders, and determinations of the Construction Compliance Section	144404
of the Department of Commerce until modified or rescinded by the	144405
Construction Compliance Section of the Department of Commerce. If	144406
necessary to ensure the integrity of the numbering of the	144407
Administrative Code, the Director of the Legislative Service	144408
Commission shall renumber rules of the Department of	144409
Administrative Services in relation to the Construction Compliance	144410
Section of the Equal Employment Opportunity Office of the	144411
Department of Administrative Services to reflect the transfer to	144412
the Department of Commerce.	144413

(D) Subject to the lay-off provisions of sections 124.321 to	144414
124.328 of the Revised Code, all of the employees of the	144415
Construction Compliance Section of the Equal Employment	144416
Opportunity Office of the Department of Administrative Services	144417
are transferred to the Construction Compliance Section of the	144418
Department of Commerce and retain their positions and all the	144419
benefits accruing thereto.	144420

(E) Whenever the Construction Compliance Section of the Equal	144421
Employment Opportunity Office of the Department of Administrative	144422
Services or the Department of Administrative Services in relation	144423
to the Section is referred to in any law, contract, or other	144424
document, the reference shall be deemed to refer to the	144425
Construction Compliance Section in the Department of Commerce or	144426
the Director of Commerce in relation to the Section, whichever is	144427
appropriate in context.	144428

(F) Any action or proceeding pending on the effective date of	144429
this section is not affected by the transfer of the Construction	144430
Compliance Section of the Equal Employment Opportunity Office of	144431
the Department of Administrative Services and shall be prosecuted	144432
or defended in the name of the Department of Commerce or the	144433
Construction Compliance Section of the Department of Commerce. In	144434
all such actions and proceedings, the Department of Commerce or	144435
the Construction Compliance Section of the Department of Commerce,	144436
upon application to the court or agency, shall be substituted as a	144437
party.	144438

Section 515.60. Effective July 1, 2011, the School Employees	144439
Health Care Board is abolished. All equipment, assets, and records	144440
of the Board are transferred to the Department of Administrative	144441
Services. The Department of Administrative Services shall	144442
designate the positions, if any, to be transferred to the	144443
Department of Administrative Services.	144444

The Department of Administrative Services and the Department	144445
of Education shall enter into an interagency agreement to transfer	144446
to the Department of Administrative Services any designated	144447
positions and all equipment, assets, and records of the Board by	144448
July 1, 2011, or as soon as possible thereafter. The interagency	144449
agreement may include provisions to transfer property and any	144450
other provisions necessary for the continued administration of	144451
Board activities under section 9.901 of the Revised Code.	144452

Any positions of the Board that the Department of	144453
Administrative Services designates for transfer, and any equipment	144454
assigned to those positions, are transferred to the Department of	144455
Administrative Services. Any employees of the Board in positions	144456
so transferred retain the rights specified in sections 124.321 to	144457
124.328 of the Revised Code, and any employee transferred to the	144458
Department of Administrative Services retains the employee's	144459
respective classification, but the Department of Administrative	144460
Services may reassign and reclassify the employee's position and	144461
compensation as the Department determines to be in the interest of	144462
office administration.	144463

Effective July 1, 2011, the Director of Budget and Management	144464
shall cancel any existing encumbrances against appropriation item	144465
200458, School Employees Health Care Board, and re-establish them	144466
against appropriation item 100403, Public Employees Health Care	144467
Program. The re-established encumbrance amounts are hereby	144468
appropriated. Any business commenced but not completed under	144469
appropriation item 200458, School Employees Health Care Board, by	144470
July 1, 2011, shall be completed under appropriation item 100403,	144471
Public Employees Health Care Program, in the same manner, and with	144472
the same effect, as if completed with regard to appropriation item	144473
200458, School Employees Health Care Board. All of the rules,	144474
orders, and determinations associated with the Board continue in	144475
effect as rules, orders, and determinations associated with the	144476
Department of Administrative Services until modified or rescinded	144477
by the Director of Administrative Services. If necessary to ensure	144478
the integrity of the Administrative Code rule numbering system,	144479
the Director of the Legislative Service Commission shall renumber	144480
the rules relating to the Board to reflect their transfer to the	144481
Department of Administrative Services. No validation, cure, right,	144482
privilege, remedy, obligation, or liability is lost or impaired by	144483
reason of the transfer and shall be administered with regard to	144484
appropriation item 100403, Public Employees Health Care Program.	144485
On and after July 1, 2011, if the School Employees Health Care	144486
Board is referred to in any statute, rule, contract, grant, or	144487
other document, the reference is deemed to refer to the Department	144488
of Administrative Services.	144489

Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

144490

Certain appropriations are in this act for the purpose of	144491
paying debt service and financing costs on general obligation	144492
bonds or notes of the state issued pursuant to the Ohio	144493
Constitution and acts of the General Assembly. If it is determined	144494
that additional appropriations are necessary for this purpose,	144495
such amounts are hereby appropriated.	144496

Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	144497
STATE	144498

Certain appropriations are in this act for the purpose of	144499
making lease rental payments pursuant to leases and agreements	144500
relating to bonds or notes issued by the Ohio Building Authority	144501
or the Treasurer of State, or previously by the Ohio Public	144502
Facilities Commission, pursuant to the Ohio Constitution and acts	144503
of the General Assembly. If it is determined that additional	144504
appropriations are necessary for this purpose, such amounts are	144505
hereby appropriated.	144506

Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM	144507
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	144508

The Office of Budget and Management shall process payments	144509
from general obligation and lease rental payment appropriation	144510
items during the period from July 1, 2011, through June 30, 2013,	144511
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,	144512
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and	144513
Chapters 151. and 154. of the Revised Code. Payments shall be made	144514
upon certification by the Treasurer of State of the dates and the	144515
amounts due on those dates.	144516

Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY	144517
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	144518

The Office of Budget and Management shall process payments	144519
from lease rental payment appropriation items during the period	144520
from July 1, 2011, through June 30, 2013, pursuant to the lease	144521
agreements entered into relating to bonds or notes issued under	144522
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of	144523
the Revised Code. Payments shall be made upon certification by the	144524
Ohio Building Authority of the dates and the amounts due on those	144525
dates.	144526

Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION

144527

There is hereby appropriated, from those funds designated by	144528
or pursuant to the applicable proceedings authorizing the issuance	144529
of state obligations, amounts computed at the time to represent	144530
the portion of investment income to be rebated or amounts in lieu	144531
of or in addition to any rebate amount to be paid to the federal	144532
government in order to maintain the exclusion from gross income	144533
for federal income tax purposes of interest on those state	144534
obligations under section 148(f) of the Internal Revenue Code.	144535

Rebate payments shall be approved and vouchered by the Office	144536
of Budget and Management.	144537

Section 521.20. STATEWIDE INDIRECT COST RECOVERY

144538

Whenever the Director of Budget and Management determines	144539
that an appropriation made to a state agency from a fund of the	144540
state is insufficient to provide for the recovery of statewide	144541
indirect costs under section 126.12 of the Revised Code, the	144542
amount required for such purpose is hereby appropriated from the	144543
available receipts of such fund.	144544

Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE	144545
INDIRECT COST ALLOCATION PLAN	144546

The total transfers made from the General Revenue Fund by the	144547
Director of Budget and Management under this section shall not	144548
exceed the amounts transferred into the General Revenue Fund under	144549
section 126.12 of the Revised Code.	144550

The director of an agency may certify to the Director of	144551
Budget and Management the amount of expenses not allowed to be	144552
included in the Statewide Indirect Cost Allocation Plan under	144553
federal regulations, from any fund included in the Statewide	144554
Indirect Cost Allocation Plan, prepared as required by section	144555
126.12 of the Revised Code.	144556

Upon determining that no alternative source of funding is	144557
available to pay for such expenses, the Director of Budget and	144558
Management may transfer from the General Revenue Fund into the	144559
fund for which the certification is made, up to the amount of the	144560
certification. The director of the agency receiving such funds	144561
shall include, as part of the next budget submission prepared	144562
under section 126.02 of the Revised Code, a request for funding	144563
for such activities from an alternative source such that further	144564
federal disallowances would not be required.	144565

The director of an agency may certify to the Director of	144566
Budget and Management the amount of expenses paid in error from a	144567
fund included in the Statewide Indirect Cost Allocation Plan. The	144568
Director of Budget and Management may transfer cash from the fund	144569
from which the expenditure should have been made into the fund	144570
from which the expenses were erroneously paid, up to the amount of	144571
the certification.	144572

Section 521.30.10. OGRIP FUNDS TRANSFER TO THE GENERAL	144573
REVENUE FUND	144574

On July 1, 2011, or as soon as possible thereafter, the	144575
Director of Budget and Management may transfer cash in the amount	144576
of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H60) to	144577
the General Revenue Fund. This amount represents residual funds	144578
from old federal grants for the state's OGRIP program that have	144579
been closed by the federal awarding agency.	144580

Section 521.30.20. TRANSFER OF FEDERAL FUNDS

144581

On July 1, 2011, or as soon as possible thereafter, the	144582
Director of Environmental Protection shall certify to the Director	144583
of Budget and Management the cash balance in the DOE Monitoring	144584
and Oversight Fund (Fund 3N40). The Director of Budget and	144585
Management shall transfer the certified amount from Fund 3N40 to	144586
the Federally Supported Response Fund (Fund 3F30). Upon completion	144587
of the transfer, Fund 3N40 is abolished. The Director shall cancel	144588
any existing encumbrances against appropriation item 715657, DOE	144589
Monitoring and Oversight, and re-establish them against	144590
appropriation item 715632, Federally Supported Response. The	144591
re-established encumbrance amounts are hereby appropriated.	144592

On July 1, 2011, or as soon as possible thereafter, the	144593
Director of Environmental Protection shall certify to the Director	144594
of Budget and Management the cash balance in the DOD Monitoring	144595
and Oversight Fund (Fund 3K40). The Director of Budget and	144596
Management shall transfer the certified amount from Fund 3K40 to	144597
the Federally Supported Response Fund (Fund 3F30). Upon completion	144598
of the transfer, Fund 3K40 is abolished. The Director shall cancel	144599
any existing encumbrances against appropriation item 715634, DOD	144600
Monitoring and Oversight, and re-establish them against	144601
appropriation item 715632, Federally Supported Response. The	144602
re-established encumbrance amounts are hereby appropriated.	144603

Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

144604

Notwithstanding any provision of law to the contrary, on or	144605
before the first day of September of each fiscal year, the	144606
Director of Budget and Management, in order to reduce the payment	144607
of adjustments to the federal government, as determined by the	144608
plan prepared under division (A) of section 126.12 of the Revised	144609
Code, may designate such funds as the Director considers necessary	144610
to retain their own interest earnings.	144611

Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

144612

Pursuant to the plan for compliance with the Federal Cash	144613
Management Improvement Act required by section 131.36 of the	144614
Revised Code, the Director of Budget and Management may cancel and	144615
re-establish all or part of encumbrances in like amounts within	144616
the funds identified by the plan. The amounts necessary to	144617
re-establish all or part of encumbrances are hereby appropriated.	144618

Section 521.60. FISCAL STABILIZATION AND RECOVERY

144619

To ensure the level of accountability and transparency	144620
required by federal law, the Director of Budget and Management may	144621
issue guidelines to any agency applying for federal money made	144622
available to this state for fiscal stabilization and recovery	144623
purposes, and may prescribe the process by which agencies are to	144624
comply with any reporting requirements established by the federal	144625
government.	144626

Section 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS

144627

(A) The Office of Internal Auditing within the Office of	144628
Budget and Management shall, in connection with its duties under	144629
sections 126.45 to 126.48 of the Revised Code, monitor and measure	144630
the effectiveness of funds allocated to the state as part of the	144631
federal American Recovery and Reinvestment Act of 2009. As such,	144632
the Office of Internal Auditing shall review how funds allocated	144633
to each state agency are spent. For purposes of this section,	144634
"state agency" has the same meaning as in division (A) of section	144635
126.45 of the Revised Code.	144636

In addition to the reports required under section 126.47 of	144637
the Revised Code, the Office of Internal Auditing shall submit a	144638
report of its findings to the President of the Senate, Minority	144639
Leader of the Senate, Speaker of the House of Representatives,	144640
Minority Leader of the House of Representatives, and the Chairs of	144641
the committees in the Senate and House of Representatives handling	144642
finance and appropriations. The report shall be submitted every	144643
six months at the following intervals:	144644

(1) For the six-month period ending December 31, 2011, not	144645
later than February 1, 2012;	144646

(2) For the six-month period ending June 30, 2012, not later	144647
than August 1, 2012;	144648

(3) For the six-month period ending December 31, 2012, not	144649
later than February 1, 2013;	144650

(4) For the six-month period ending June 30, 2013, not later	144651
than August 1, 2013.	144652

(B) When, as part of its compliance with the federal American	144653
Recovery and Reinvestment Act of 2009 requirements to monitor and	144654
measure the effectiveness of funds for which the state of Ohio is	144655
the prime recipient, and for which reporting authority has not	144656
been delegated to a sub-recipient, the Office of Budget and	144657
Management submits quarterly reports to the federal government,	144658
the Office of Budget and Management shall also submit those	144659
reports to the President of the Senate, Minority Leader of the	144660
Senate, Speaker of the House of Representatives, Minority Leader	144661
of the House of Representatives, and Chairs and ranking members of	144662
the committees in the Senate and House of Representatives handling	144663
finance and appropriations. The Office of Budget and Management	144664
shall continue to submit quarterly reports to the legislature for	144665
the duration of the period in which the state of Ohio is required	144666
to make reports to the federal government concerning Ohio's use of	144667
the federal American Recovery and Reinvestment Act of 2009 funds.	144668

Section 521.80. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN	144669
GUARANTEE	144670

(A) As used in this section:

144671

(1) "Approved historic rehabilitation project" means a	144672
rehabilitation of a historic building that the Director of	144673
Development has approved for a rehabilitation tax credit under	144674
section 149.311 of the Revised Code.	144675

(2) "Federal funds" means federal money available to states	144676
under the American Recovery and Reinvestment Act of 2009 or any	144677
other source of federal money available to the states, that may	144678
lawfully be used for the purposes of this section.	144679

(3) "Owner" and "qualified rehabilitation expenditures" have	144680
the same meanings as in section 149.311 of the Revised Code.	144681

(B) There is hereby created in the state treasury the Ohio	144682
Historic Preservation Tax Credit Fund. The fund shall consist of	144683
money obtained by the Director of Development under division (C)	144684
of this section. Money in the fund shall be used to secure and pay	144685
guarantees of loans for approved historic rehabilitation projects	144686
as provided in this section.	144687

(C) The Director of Development may undertake to secure	144688
$75,000,000 of federal funds for crediting to the Ohio Historic	144689
Preservation Tax Credit Fund. If the Director secures such funds,	144690
the Director, for the purpose of creating new jobs or preserving	144691
existing jobs and employment opportunities and improving the	144692
economic welfare of the people of this state, shall enter into	144693
loan guarantee contracts under section 166.06 of the Revised Code	144694
in connection with approved historic rehabilitation projects,	144695
except that the guarantees shall be secured solely by and be	144696
payable solely from the Ohio Historic Preservation Tax Credit	144697
Fund. Money deposited into the Ohio Historic Preservation Tax	144698
Credit Fund shall be prioritized by providing loan guarantees for	144699
approved historic rehabilitation projects from the first funding	144700
round of the Ohio Historic Preservation Tax Credit Program before	144701
being used to provide loan guarantees for approved historic	144702
rehabilitation projects approved in subsequent funding rounds. The	144703
amount of a loan guarantee provided under this section shall not	144704
exceed the amount of the credit to be awarded for the approved	144705
historic rehabilitation project. References to the loan guarantee	144706
fund in divisions (C) and (F) of section 166.06 of the Revised	144707
Code shall be construed as references to the Ohio Historic	144708
Preservation Tax Credit Fund for the purposes of loan guarantees	144709
authorized by this section, except that no transfer shall be made	144710
to the Ohio Historic Preservation Tax Credit Fund from the	144711
facilities establishment fund as may otherwise be required by that	144712
section.	144713

(D) Nothing in this section is a determination by the General	144714
Assembly that federal funds are currently available for the	144715
purposes of this section. Rather, this section evidences a	144716
determination by the General Assembly that public purposes will be	144717
advanced by the use of current or future federal funds for the	144718
purposes of this section.	144719

Section 610.10. That Section 205.10 of Am. Sub. H.B. 114 of	144720
the 129th General Assembly be amended to read as follows:	144721

Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY

144722

State Highway Safety Fund Group	144723

4W40	762321	Operating Expense - BMV	$	80,003,146	$	82,403,240	144724
4W40	762410	Registrations Supplement	$	28,945,176	$	29,813,532	144725
5V10	762682	License Plate Contributions	$	2,100,000	$	2,100,000	144726
7036	761321	Operating Expense - Information and Education	$	7,124,366	$	7,338,097	144727
7036	761401	Lease Rental Payments	$	9,978,300	$	2,315,700	144728
7036	764033	Minor Capital Projects	$	1,250,000	$	1,250,000	144729
7036	764321	Operating Expense - Highway Patrol	$	260,744,934	$	258,365,903	144730
7036	764605	Motor Carrier Enforcement Expenses	$	2,860,000	$	2,860,000	144731
8300	761603	Salvage and Exchange - Administration	$	19,469	$	20,053	144732
8310	761610	Information and Education - Federal	$	422,084	$	434,746	144733
8310	764610	Patrol - Federal	$	2,209,936	$	2,276,234	144734
8310	764659	Transportation Enforcement - Federal	$	5,519,333	$	5,684,913	144735
8310	765610	EMS - Federal	$	532,007	$	532,007	144736
8310	769610	Food Stamp Trafficking Enforcement - Federal	$	1,546,319	$	1,546,319	144737
8310	769631	Homeland Security - Federal	$	2,184,000	$	2,184,000	144738
8320	761612	Traffic Safety - Federal	$	16,577,565	$	16,577,565	144739
8350	762616	Financial Responsibility Compliance	$	5,457,240	$	5,549,068	144740
8370	764602	Turnpike Policing	$	11,553,959	$	11,553,959	144741
8380	764606	Patrol Reimbursement	$	50,000	$	50,000	144742
83C0	764630	Contraband, Forfeiture, Other	$	622,894	$	622,894	144743
83F0	764657	Law Enforcement Automated Data System	$	9,053,266	$	9,053,266	144744
83G0	764633	OMVI Enforcement/Education	$	623,230	$	641,927	144745
83J0	764693	Highway Patrol Justice Contraband	$	2,100,000	$	2,100,000	144746
83M0	765624	Operating Expense - Trauma and EMS	$	2,632,106	$	2,711,069	144747
83N0	761611	Elementary School Seat Belt Program	$	305,600	$	305,600	144748
83P0	765637	EMS Grants	$	4,106,621	$	4,229,819	144749
83R0	762639	Local Immobilization Reimbursement	$	450,000	$	450,000	144750
83T0	764694	Highway Patrol Treasury Contraband	$	21,000	$	21,000	144751
8400	764607	State Fair Security	$	1,256,655	$	1,294,354	144752
8400	764617	Security and Investigations	$	6,432,686	$	6,432,686	144753
8400	764626	State Fairgrounds Police Force	$	849,883	$	849,883	144754
8400	769632	Homeland Security - Operating	$	737,791	$	737,791	144755
8410	764603	Salvage and Exchange - Highway Patrol	$	1,339,399	$	1,339,399	144756
8460	761625	Motorcycle Safety Education	$	3,185,013	$	3,280,563	144757
8490	762627	Automated Title Processing Board	$	17,316,755	$	14,335,513	144758
TOTAL HSF State Highway Safety Fund Group			$	490,110,733	$	481,261,100	144759

General Services Fund Group	144760

4P60	768601	Justice Program Services	$	998,104	$	1,028,047	144761
4S30	766661	Hilltop Utility Reimbursement	$	540,800	$	540,800	144762
5ET0	768625	Drug Law Enforcement	$	3,780,000	$	3,893,400	144763
5Y10	764695	Highway Patrol Continuing Professional Training	$	170,000	$	170,000	144764
5Y10	767696	Investigative Unit Continuing Professional Training	$	15,000	$	15,000	144765
TOTAL GSF General Services Fund Group			$	5,503,904	$	5,647,247	144766

Federal Special Revenue Fund Group	144767

3290	763645	Federal Mitigation Program	$	10,110,332	$	10,413,642	144768
3370	763609	Federal Disaster Relief	$	27,707,636	$	27,707,636	144769
3390	763647	Emergency Management Assistance and Training	$	75,664,821	$	77,934,765	144770
3CB0	768691	Federal Justice Grants - FFY06	$	200,000	$	50,000	144771
3CC0	768609	Justice Assistance Grants - FFY07	$	583,222	$	310,000	144772
3CD0	768610	Justice Assistance Grants – FFY08	$	310,000	$	150,000	144773
3CE0	768611	Justice Assistance Grants – FFY09	$	865,000	$	1,200,000	144774
3CV0	768697	Justice Assistance Grants Supplement – FFY08	$	2,000	$	0	144775
3DE0	768612	Federal Stimulus - Justice Assistance Grants	$	1,015,000	$	1,015,000	144776
3DH0	768613	Federal Stimulus - Justice Programs	$	150,000	$	150,000	144777
3DU0	762628	BMV Grants	$	1,525,000	$	1,580,000	144778
3EU0	768614	Justice Assistance Grants – FFY10	$	650,000	$	920,000	144779
3L50	768604	Justice Program	$	11,400,000	$	11,400,000	144780
3N50	763644	U.S. Department of Energy Agreement	$	31,672	$	31,672	144781
TOTAL FED Federal Special Revenue Fund Group			$	130,214,683	$	132,862,715	144782

State Special Revenue Fund Group	144783

4V30	763662	EMA Service and Reimbursement	$	4,368,369	$	4,499,420	144784
5390	762614	Motor Vehicle Dealers Board	$	180,000	$	185,400	144785
5B90	766632	Private Investigator and Security Guard Provider	$	1,562,637	$	1,562,637	144786
5BK0	768687	Criminal Justice Services - Operating	$	400,000	$	400,000	144787
5BK0	768689	Family Violence Shelter Programs	$	750,000	$	750,000	144788
5CM0	767691	Federal Investigative Seizure	$	300,000	$	300,000	144789
5DS0	769630	Homeland Security	$	1,414,384	$	1,414,384	144790
5FF0	762621	Indigent Interlock and Alcohol Monitoring	$	2,000,000	$	2,000,000	144791
5FL0	769634	Investigations	$	899,300	$	899,300	144792
6220	767615	Investigative Contraband and Forfeiture	$	375,000	$	375,000	144793
6570	763652	Utility Radiological Safety	$	1,415,945	$	1,415,945	144794
6810	763653	SARA Title III HAZMAT Planning	$	262,438	$	262,438	144795
8500	767628	Investigative Unit Salvage	$	90,000	$	92,700	144796
TOTAL SSR State Special Revenue Fund Group			$	14,018,073	$	14,157,224	144797

Liquor Control Fund Group	144798

7043	767321		Liquor Enforcement - Operating		$	~~11,897,178~~ 10,450,000		$	~~11,897,178~~ 10,600,000		144799
TOTAL LCF Liquor Control Fund Group					$	~~11,897,178~~ 10,450,000		$	~~11,897,178~~ 10,600,000		144800

Agency Fund Group	144801

5J90	761678		Federal Salvage/GSA		$	1,500,000		$	1,500,000		144802
TOTAL AGY Agency Fund Group					$	1,500,000		$	1,500,000		144803

Holding Account Redistribution Fund Group	144804

R024	762619	Unidentified Motor Vehicle Receipts	$	1,885,000	$	1,885,000	144805
R052	762623	Security Deposits	$	350,000	$	350,000	144806
TOTAL 090 Holding Account Redistribution Fund Group			$	2,235,000	$	2,235,000	144807
TOTAL ALL BUDGET FUND GROUPS			$	~~655,479,571~~ 654,032,393	$	~~649,560,464~~ 648,263,286	144808

MOTOR VEHICLE REGISTRATION

144809

The Registrar of Motor Vehicles may deposit revenues to meet	144810
the cash needs of the State Bureau of Motor Vehicles Fund (Fund	144811
4W40) established in section 4501.25 of the Revised Code, obtained	144812
under sections 4503.02 and 4504.02 of the Revised Code, less all	144813
other available cash. Revenue deposited pursuant to this paragraph	144814
shall support, in part, appropriations for operating expenses and	144815
defray the cost of manufacturing and distributing license plates	144816
and license plate stickers and enforcing the law relative to the	144817
operation and registration of motor vehicles. Notwithstanding	144818
section 4501.03 of the Revised Code, the revenues shall be paid	144819
into Fund 4W40 before any revenues obtained pursuant to sections	144820
4503.02 and 4504.02 of the Revised Code are paid into any other	144821
fund. The deposit of revenues to meet the aforementioned cash	144822
needs shall be in approximately equal amounts on a monthly basis	144823
or as otherwise determined by the Director of Budget and	144824
Management pursuant to a plan submitted by the Registrar of Motor	144825
Vehicles.	144826

CAPITAL PROJECTS

144827

The Registrar of Motor Vehicles may transfer cash from the	144828
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State	144829
Highway Safety Fund (Fund 7036) to meet its obligations for	144830
capital projects CIR-047, Department of Public Safety Office	144831
Building and CIR-049, Warehouse Facility.	144832

OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS

144833

The foregoing appropriation item 761401, Lease Rental	144834
Payments, shall be used for payments to the Ohio Building	144835
Authority for the period July 1, 2011, to June 30, 2013, under the	144836
primary leases and agreements for public safety related buildings	144837
financed by obligations issued under Chapter 152. of the Revised	144838
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio	144839
Building Authority may, with approval of the Director of Budget	144840
and Management, lease capital facilities to the Department of	144841
Public Safety.	144842

HILLTOP TRANSFER

144843

The Director of Public Safety shall determine, per an	144844
agreement with the Director of Transportation, the share of each	144845
debt service payment made out of appropriation item 761401, Lease	144846
Rental Payments, that relates to the Department of	144847
Transportation's portion of the Hilltop Building Project, and	144848
shall certify to the Director of Budget and Management the amounts	144849
of this share. The Director of Budget and Management shall	144850
transfer the amounts of such shares from the Highway Operating	144851
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).	144852

CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND

144853

On July 1, 2011, or as soon as possible thereafter, the	144854
Director of Budget and Management shall transfer the unexpended	144855
and unencumbered cash balance in the Seat Belt Education Fund	144856
(Fund 8440) to the Trauma and Emergency Medical Services Fund	144857
(Fund 83M0). Upon completion of the transfer, Fund 8440 is	144858
abolished. The Director shall cancel any existing encumbrances	144859
against appropriation item 761613, Seat Belt Education Program,	144860
and reestablish them against appropriation item 765624, Operating	144861
Expense - Trauma and EMS. The reestablished encumbrance amounts	144862
are hereby appropriated.	144863

CASH TRANSFERS BETWEEN FUNDS

144864

Notwithstanding any provision of law to the contrary, the	144865
Director of Budget and Management, upon the written request of the	144866
Director of Public Safety, may approve the transfer of cash	144867
between the following six funds: the Trauma and Emergency Medical	144868
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),	144869
the Investigations Fund (Fund 5FL0), the Emergency Management	144870
Agency Service and Reimbursement Fund (Fund 4V30), the Justice	144871
Program Services Fund (Fund 4P60), and the State Bureau of Motor	144872
Vehicles Fund (Fund 4W40).	144873

CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND

144874

Notwithstanding any provision of law to the contrary, the	144875
Director of Budget and Management, upon the written request of the	144876
Director of Public Safety, may approve the transfer of cash from	144877
the Continuing Professional Training Fund (Fund 5Y10), the State	144878
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),	144879
and the Highway Safety Salvage and Exchange Highway Patrol Fund	144880
(Fund 8410) to the Security, Investigations, and Policing Fund	144881
(Fund 8400).	144882

CASH TRANSFERS OF SEAT BELT FINE REVENUES

144883

Notwithstanding any provision of law to the contrary, the	144884
Controlling Board, upon request of the Director of Public Safety,	144885
may approve the transfer of cash between the following four funds	144886
that receive fine revenues from enforcement of the mandatory seat	144887
belt law: the Trauma and Emergency Medical Services Fund (Fund	144888
83M0), the Elementary School Program Fund (Fund 83N0), and the	144889
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).	144890

STATE DISASTER RELIEF

144891

The State Disaster Relief Fund (Fund 5330) may accept	144892
transfers of cash and appropriations from Controlling Board	144893
appropriation items for Ohio Emergency Management Agency disaster	144894
response costs and disaster program management costs, and may also	144895
be used for the following purposes:	144896

(A) To accept transfers of cash and appropriations from	144897
Controlling Board appropriation items for Ohio Emergency	144898
Management Agency public assistance and mitigation program match	144899
costs to reimburse eligible local governments and private	144900
nonprofit organizations for costs related to disasters;	144901

(B) To accept and transfer cash to reimburse the costs	144902
associated with Emergency Management Assistance Compact (EMAC)	144903
deployments;	144904

(C) To accept disaster related reimbursement from federal,	144905
state, and local governments. The Director of Budget and	144906
Management may transfer cash from reimbursements received by this	144907
fund to other funds of the state from which transfers were	144908
originally approved by the Controlling Board.	144909

(D) To accept transfers of cash and appropriations from	144910
Controlling Board appropriation items to fund the State Disaster	144911
Relief Program, for disasters that have been declared by the	144912
Governor, and the State Individual Assistance Program for	144913
disasters that have been declared by the Governor and the federal	144914
Small Business Administration. The Ohio Emergency Management	144915
Agency shall publish and make available application packets	144916
outlining procedures for the State Disaster Relief Program and the	144917
State Individual Assistance Program.	144918

JUSTICE ASSISTANCE GRANT FUND

144919

The federal payments made to the state for the Byrne Justice	144920
Assistance Grants Program under Title II of Division A of the	144921
American Recovery and Reinvestment Act of 2009 shall be deposited	144922
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),	144923
which is hereby created in the state treasury. All investment	144924
earnings of the fund shall be credited to the fund.	144925

FEDERAL STIMULUS – JUSTICE PROGRAMS

144926

The federal payments made to the state for the Violence	144927
Against Women Formula Grant under Title II of Division A of the	144928
American Recovery and Reinvestment Act of 2009 shall be deposited	144929
to the credit of the Federal Stimulus – Justice Programs Fund	144930
(Fund 3DH0).	144931

TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT	144932
AGENCY SERVICE AND REIMBURSEMENT FUND	144933

On July 1 of each fiscal year, or as soon as possible	144934
thereafter, the Director of Budget and Management shall transfer	144935
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to	144936
the Emergency Management Agency Service and Reimbursement Fund	144937
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban	144938
Search and Rescue Unit and other urban search and rescue programs	144939
around the state.	144940

FAMILY VIOLENCE PREVENTION FUND

144941

Notwithstanding any provision of law to the contrary, in each	144942
of fiscal years 2012 and 2013, the first $750,000 received to the	144943
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be	144944
appropriated to appropriation item 768689, Family Violence Shelter	144945
Programs, and the next $400,000 received to the credit of Fund	144946
5BK0 in each of those fiscal years shall be appropriated to	144947
appropriation item 768687, Criminal Justice Services - Operating.	144948
Any moneys received to the credit of Fund 5BK0 in excess of the	144949
aforementioned appropriated amounts in each fiscal year shall,	144950
upon the approval of the Controlling Board, be used to provide	144951
grants to family violence shelters in Ohio.	144952

SARA TITLE III HAZMAT PLANNING

144953

The SARA Title III HAZMAT Planning Fund (Fund 6810) is	144954
entitled to receive grant funds from the Emergency Response	144955
Commission to implement the Emergency Management Agency's	144956
responsibilities under Chapter 3750. of the Revised Code.	144957

COLLECTIVE BARGAINING INCREASES

144958

Notwithstanding division (D) of section 127.14 and division	144959
(B) of section 131.35 of the Revised Code, except for the General	144960
Revenue Fund, the Controlling Board may, upon the request of	144961
either the Director of Budget and Management, or the Department of	144962
Public Safety with the approval of the Director of Budget and	144963
Management, increase appropriations for any fund, as necessary for	144964
the Department of Public Safety, to assist in paying the costs of	144965
increases in employee compensation that have occurred pursuant to	144966
collective bargaining agreements under Chapter 4117. of the	144967
Revised Code and, for exempt employees, under section 124.152 of	144968
the Revised Code.	144969

CASH BALANCE FUND REVIEW

144970

Not later than the first day of April in each fiscal year of	144971
the biennium, the Director of Budget and Management shall review	144972
the cash balances for each fund, except the State Highway Safety	144973
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund	144974
4W40), in the State Highway Safety Fund Group, and shall recommend	144975
to the Controlling Board an amount to be transferred to the credit	144976
of Fund 7036 or Fund 4W40, as appropriate.	144977

Section 610.11. That existing Section 205.10 of Am. Sub. H.B.	144978
114 of the 129th General Assembly is hereby repealed.	144979

Section 610.20. That Section 211 of Sub. H.B. 123 of the	144980
129th General Assembly be amended to read as follows:	144981

Sec. 211. WCC WORKERS' COMPENSATION COUNCIL

144982

~~5FV0~~	~~321600~~	~~Remuneration Expenses~~	$	~~471,200~~	$	~~471,200~~	144983
~~TOTAL 5FV0 Workers' Compensation Council Remuneration Fund~~			$	~~471,200~~	$	~~471,200~~	144984
~~TOTAL ALL BUDGET FUND GROUPS~~			$	~~471,200~~	$	~~471,200~~	144985

~~WORKERS' COMPENSATION COUNCIL~~

144986

~~The foregoing appropriation item 321600, Remuneration~~	144987
~~Expenses, shall be used to pay the payroll and fringe benefit~~	144988
~~costs for employees of the Workers' Compensation Council.~~	144989

Upon the effective date of this section, or as soon as	144990
possible thereafter, the Workers' Compensation Council shall wind	144991
up its affairs. All of the records of the Council shall be	144992
transferred to the Legislative Service Commission, and all of its	144993
other assets and liabilities shall be transferred to the Bureau of	144994
Workers' Compensation. The Bureau of Workers' Compensation is	144995
thereupon and thereafter successor to, and assumes the obligations	144996
of, the Council.	144997

Any business commenced, but not completed by the Council or	144998
the Director of the Council on the effective date of this section	144999
shall be completed by the Administrator of Workers' Compensation	145000
in the same manner, and with the same effect, as if completed by	145001
the Council or the Director of the Council. No validation, cure,	145002
right, privilege, remedy, obligation, or liability is lost or	145003
impaired by reason of the transfer required by this section and	145004
shall be administered by the Administrator.	145005

All employees of the Council cease to hold their positions of	145006
employment on the effective date of this section, or as soon as	145007
possible thereafter.	145008

Once the Workers' Compensation Council is abolished, the	145009
Director of Budget and Management shall transfer the unexpended	145010
and unencumbered cash balance in the Workers' Compensation Council	145011
Remuneration Fund (Fund 5FV0) to the State Insurance Fund (Fund	145012
7023). Upon completion of the transfer, the Workers' Compensation	145013
Council Remuneration Fund is abolished. The Director shall cancel	145014
any existing encumbrances against appropriation item 321600,	145015
Remuneration Expenses, and reestablish them against appropriation	145016
item 855409, Administrative Expenses. The amounts of the	145017
reestablished encumbrances are hereby appropriated.	145018

Once the Workers' Compensation Council is abolished, the	145019
Treasurer of State shall transfer the unexpended and unencumbered	145020
cash balance in the Workers' Compensation Council Fund to the	145021
State Insurance Fund. Upon completion of the transfer, the fund is	145022
abolished.	145023

Wherever the Director or the Council is referred to in any	145024
law, contract, or other document, the reference shall be deemed to	145025
refer to the Administrator or the Bureau of Workers' Compensation,	145026
whichever is appropriate.	145027

No action or proceeding pending on the effective date of this	145028
section is affected by the transfer, and shall be prosecuted or	145029
defended in the name of the Administrator or the Bureau. In all	145030
such actions and proceedings, the Administrator or the Bureau,	145031
upon application to the court, shall be substituted as a party.	145032

Section 610.21. That existing Section 211 of Sub. H.B. 123 of	145033
the 129th General Assembly is hereby repealed.	145034

Section 620.10. That Section 125.10 of Am. Sub. H.B. 1 of the	145035
128th General Assembly be amended to read as follows:	145036

Sec. 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,	145037
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised	145038
Code are hereby repealed, effective October 1, ~~2011~~2013.	145039

Section 620.11. That existing Section 125.10 of Am. Sub. H.B.	145040
1 of the 128th General Assembly is hereby repealed.	145041

Section 620.12. The seventh paragraph of Section 812.20 of	145042
Am. Sub. H.B. 1 of the 128th General Assembly, which refers to the	145043
taking effect of a repeal of sections 5112.40 to 5112.48 of the	145044
Revised Code, is repealed.	145045

Section 620.13. The intent of Sections 620.10 to 620.12 of	145046
this act is to further delay the repeal of sections 5112.40,	145047
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, and	145048
5112.48 of the Revised Code from October 1, 2011, until October 1,	145049
2013.	145050

Section 620.20. That Section 753.60 of Am. Sub. H.B. 1 of the	145051
128th General Assembly be amended to read as follows:	145052

Sec. 753.60. (A) The Governor is authorized to execute a	145053
Governor's Deed in the name of the state conveying to the Dayton	145054
Public School District/Dayton Board of Education, ("grantee"), and	145055
its successors and assigns, all of the state's right, title, and	145056
interest in the following described real estate:	145057

STATE OF OHIO TO BOARD OF EDUCATION 45.3599 Acres

145058

Situated in Section 26, Township 2, Range 7 of the Miami	145059
River Survey, the City of Dayton, the County of Montgomery, the	145060
State of Ohio, being a 2.2361 acre portion of a 15 acres 30 rods	145061
tract conveyed to the State of Ohio as recorded in Deed Book U-2,	145062
Page 40, and being a 22.5673 acre portion of a 24.36 acre tract of	145063
land conveyed to the Trustees of the Southern Ohio Lunatic Asylum	145064
as recorded in Deed Book N-3, Page 233, being an 4.6813 acre	145065
portion of a 21.25 acre tract of land conveyed to the State of	145066
Ohio as recorded in Deed Book 169, Page 583, and being an 8.6742	145067
acre portion of a 33.5 acre tract as conveyed to the State of Ohio	145068
as recorded in Deed Book 169, Page 585, being an 7.2010 acre	145069
portion of a 10.544 acre tract of land as conveyed to the State of	145070
Ohio as recorded in Deed Book 138, Page 125 and being a portion of	145071
City of Dayton Lot Number 61376 and all of Lot Number 61377 of the	145072
revised and consecutive numbers of lots on the plat of the City of	145073
Dayton and more particularly bounded and described as follows:	145074

Beginning at a capped 5/8" Iron Pin found stamped "Woolpert"	145075
at the Southeast corner of a 2.881 acre tract being Parcel 2 of	145076
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A,	145077
said point also being the northeast corner of an 8.338 acre tract	145078
of land conveyed to the Barry K. Humphries as recorded in	145079
Microfiche 01-O590A04 and the TRUE POINT OF BEGINNING;	145080

Thence with the east line of said 2.881 acre tract being	145081
Parcel 2 and the West line of a 24.36 acre tract of land conveyed	145082
to the Trustees of the Southern Ohio Lunatic Asylum as recorded in	145083
Deed Book N-3, Page 233, North 00°32' 15" East a distance of	145084
459.39 feet to a RR Spike set in the centerline of Wayne Avenue,	145085
passing a 5/8 inch iron pin set at the northeast corner of said	145086
2.881 acre tract and the south right of way of Wayne Avenue at	145087
429.39 feet;	145088

Thence with the centerline of Wayne Ave and the north lines	145089
of said 24.36 acre tract and said 21.25 acre tract, South	145090
89º18'28" East a distance of 790.80 feet to a RR spike set at the	145091
northwest comer of a 1.056 acre tract of land conveyed to the City	145092
of Dayton as recorded in M.F. No. 90-424 EO9;	145093

Thence with the west line of said 1.056 acre tract and the	145094
east line of said 21.25 acre tract, South 01º17'05" West a	145095
distance of 230.89 feet to a 5/8 inch iron pin stamped "Riancho",	145096
passing a 5/8 inch iron set at the south right of way of Wayne	145097
Avenue at 30.00 feet;	145098

Thence with the south line of said 1.056 acre tract and the	145099
south line of a 1.056 acre tract of land conveyed to the City of	145100
Dayton as recorded in M.F. No. 78-725 B08, South 89º27' 55" East a	145101
distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8	145102
inch iron pin found stamped "Riancho" at 200.00 feet;	145103

Thence with the east line of said 1.056 acre tract and the	145104
west line of said 33.5 acre tract as conveyed to the State of Ohio	145105
as recorded in Deed Book 169 Page 585, North 1°17'05" East a	145106
distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron	145107
pin set at the south right of way of Wayne Avenue at 199.79 feet;	145108

Thence with the centerline of Wayne Avenue and the north line	145109
of said 33.5 acre tract, South 89º18'28" East a distance of 270.78	145110
feet to a RR spike set at the Intersection of the centerlines of	145111
Waterveliet Avenue and Wayne Avenue;	145112

Thence with the centerline of Waterveliet Avenue and with the	145113
northerly line of said 33.5 acre tract, South 55º21'16" East a	145114
distance of 231.10 feet to a RR spike set;	145115

Thence with the east line of said 33.5 acre tract and the	145116
west line of a 13.00 acre tract conveyed to the Board of Education	145117
of the Dayton City School District as recorded in Deed Book 1522,	145118
Page 341, South 00º48' 28" West a distance of 709.51 feet to a 5/8	145119
inch iron pin set;	145120

Thence with a new division line, North 89º11'12" West, a	145121
distance of 468.08 feet to a 5/8 inch iron pin set, in the west	145122
line of said 33.5 acre tract and the east line of said 21.25 acre	145123
tract, to a 5/8 inch iron pin set;	145124

Thence with the west line of said 33.5 acre tract and the	145125
east line of said 21.25 acre tract, North 01°07'55" East a	145126
distance of 141.74 feet to a 5/8 inch iron pin set;	145127

Thence with a new division line, North 89°15'53" West,	145128
passing the west line of said 21.25 acre tract and the east line	145129
of said 24.36 acre tract conveyed to The Trustees of the Southern	145130
Ohio Lunatic Asylum as recorded in Deed Book N~3, Page 233 at a	145131
distance of 425.35 feet, for a total distance of 507.35 feet to a	145132
5/8 inch iron pin set;	145133

Thence with a new division line South 01°07'00" West passing	145134
the south line of 24.36 acre tract conveyed to The Trustees of the	145135
Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page	145136
233 and the north line of said 10.544 acre tract at a distance of	145137
627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch	145138
iron pin set in the south line of said 10.544 acre tract;	145139

Thence with the south line of said 10.544 acre tract and the	145140
north line a 20.3 acre tract conveyed to the State of Ohio	145141
Department of Public Works for the use of the Department of Public	145142
Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page	145143
247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch	145144
iron pin set in the east line of a 11.579 acre tract of land	145145
conveyed to the Hospice of Dayton as recorded in Microfiche	145146
94-0448C08;	145147

Thence with the east line of said 11.579 acre tract of land,	145148
the east line of said 8.338 acre tract as conveyed to Barry K.	145149
Humphries as recorded in M.F. number 01-0590 A04, the west line of	145150
said 10.544 acre tract, and the west line of said 2.36 acre tract,	145151
North 03°24 '08" West a distance of 956.68 feet to a 5/8 inch iron	145152
pin set;	145153

Thence with an easterly line of said 8.338 acre tract, the	145154
westerly line of said 24.36 acre tract, and the north line of said	145155
2.36 acre tract, North 49º49'38" East a distance of 275.99 feet to	145156
a capped 5/8 inch Iron Pin found stamped "LJB";	145157

Thence with the east line of said 8.338 acre tract and the	145158
west line of a 24.36 acre tract, North 00°32'15" East a distance	145159
of 108.09 feet to a capped 5/8" Iron Pin stamped "Woolpert" and	145160
the TRUE POINT OF BEGINNING, containing 45.3599 acres more or	145161
less. Subject to all easements, agreements and right of ways of	145162
record.	145163

The basis of bearings for this description is the easterly	145164
line of Parcel 2, South 00°32'15 West, as recorded in the	145165
Wilmington Woods Plat as recorded in Plat Book 134, Page 3A;	145166

All iron pins set in the above boundary description are 5/8"	145167
(O.D.) 30" long with a plastic cap stamped "LJB"	145168

(B)(1) Consideration for conveyance of the real estate	145169
described in division (A) of this section is the transfer to the	145170
state at no cost of 8.9874 acres adjacent to the remaining Twin	145171
Valley Behavioral Healthcare/Dayton Campus, subject to the	145172
following conditions:	145173

(a) Within one hundred eighty days after conveyance of the	145174
real estate described in division (A) of this section, grantee at	145175
its own cost shall complete construction of a new western	145176
extension off of Mapleview Avenue to provide a new entrance	145177
roadway to the remaining Twin Valley Behavioral Healthcare/Dayton	145178
Campus and provide an easement to the state for full utilization	145179
of the roadway for the benefit of the remaining Twin Valley	145180
Behavioral Healthcare/Dayton Campus until the property described	145181
in division (B)(1) of this section is transferred to the state.	145182

(b) Within three hundred forty days after the occupancy of	145183
the New Belmont High School, grantee shall demolish and	145184
environmentally restore the 8.9874 acres being transferred to the	145185
state.	145186

(2) In lieu of the transfer of the 8.9874 acres, if the	145187
Director of Mental Health determines that the grantee has	145188
insufficiently performed its construction, demolition, and	145189
environmental restoration obligations specified in division (B)(1)	145190
of this section, the grantee, as consideration, shall pay a	145191
purchase price of $1,175,000.00 to the state, which is the	145192
appraised value of the 45.3599 acres described in division (A) of	145193
the section less the cost of demolition, site, and utility work.	145194

(C) The real estate described in division (A) of this section	145195
shall be conveyed as an entire tract and not in parcels.	145196

(D) Upon transfer of the 8.9874 acres to the state or payment	145197
of the purchase price, the Auditor of State, with the assistance	145198
of the Attorney General, shall prepare a deed to the real estate	145199
described in division (A) of this section. The deed shall state	145200
the consideration and shall be executed by the Governor in the	145201
name of the state, countersigned by the Secretary of State, sealed	145202
with the Great Seal of the State, presented in the Office of the	145203
Auditor of State for recording, and delivered to the grantee. The	145204
grantee shall present the deed for recording in the Office of the	145205
Montgomery County Recorder.	145206

(E) The grantee shall pay all costs associated with	145207
conveyance of the real estate described in division (A) of this	145208
section, including recordation costs of the deed.	145209

(F) If the payment of $1,175,000.00 is made in lieu of the	145210
transfer of the 8.9874 acres to the state, the proceeds of the	145211
conveyance of the real estate described in division (A) of this	145212
section shall be deposited into the state treasury to the credit	145213
of the Department of Mental Health Trust Fund created by section	145214
5119.18 of the Revised Code and the easement described in division	145215
(B)(1)(a) of this section shall become a permanent easement.	145216

(G) The grantee shall not, during any period that any bonds	145217
issued by the state to finance or refinance all or a portion of	145218
the real estate described in division (A) of this section are	145219
outstanding, use any portion of the real estate for a private	145220
business use without the prior written consent of the state.	145221

As used in this division:

145222

"Private business use" means use, directly or indirectly, in	145223
a trade or business carried on by any private person other than	145224
use as a member of, and on the same basis as, the general public.	145225
Any activity carried on by a private person who is not a natural	145226
person shall be presumed to be a trade or business.	145227

"Private person" means any natural person or any artificial	145228
person, including a corporation, partnership, limited liability	145229
company, trust, or other entity and including the United States or	145230
any agency or instrumentality of the United States, but excluding	145231
any state, territory, or possession of the United States, the	145232
District of Columbia, or any political subdivision thereof that is	145233
referred to as a "State or local governmental unit" in Treasury	145234
Regulation § 1.103-1(a) and any person that is acting solely and	145235
directly as an officer or employee of or on behalf of any such	145236
governmental unit.	145237

(H) This section expires ~~two years after its effective date~~	145238
on October 16, 2013.	145239

Section 620.21. That existing Section 753.60 of Am. Sub. H.B.	145240
1 of the 128th General Assembly is hereby repealed.	145241

Section 620.30. That Section 105.20 of Sub. H.B. 462 of the	145242
128th General Assembly be amended to read as follows:	145243

Sec. 105.20. All items set forth in this section are hereby	145244
appropriated out of any moneys in the state treasury to the credit	145245
of the School Building Program Assistance Fund (Fund 7032) that	145246
are not otherwise appropriated:	145247

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	145248

C23002	School Building Program Assistance	$	523,091,925	145249
C23005	Exceptional Needs	$	3,009,397	145250
C23010	Vocation Facilities Assistance Program	$	12,203,057	145251
C23011	Corrective Action Grants	$	23,336,491	145252
C23012	School for the Blind/Deaf	$	12,321,269	145253
Total School Facilities Commission		$	573,962,139	145254
TOTAL School Building Program Assistance Fund		$	573,962,139	145255

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

145256

Notwithstanding sections 123.01 and 123.15 of the Revised	145257
Code and in addition to its powers under Chapter 3318. of the	145258
Revised Code, the Ohio School Facilities Commission shall	145259
administer the project appropriated in C23012, School for the	145260
Blind/Deaf, pursuant to the memorandum of understanding that the	145261
Ohio State School for the Blind, the Ohio School for the Deaf, and	145262
the Ohio School Facilities Commission signed on October 31, 2007.	145263
The project shall comply to the fullest extent possible with the	145264
specifications and policies set forth in the Ohio School	145265
Facilities Design Manual and shall not be considered a part of any	145266
program created under Chapter 3318. of the Revised Code. Upon	145267
issuance by the Commission of a certificate of completion of the	145268
project, the Commission's participation in the project shall end.	145269

The Executive Director of the Ohio School Facilities	145270
Commission shall comply with the procedures and guidelines	145271
established in Chapter 153. of the Revised Code. Upon the release	145272
of funds for the project by the Controlling Board or the Director	145273
of Budget and Management, the Commission may administer the	145274
project without the supervision, control, or approval of the	145275
Director of Administrative Services. Any references to the	145276
Director of Administrative Services in the Revised Code, with	145277
respect to the administration of the project, shall be read as if	145278
they referred to the Director of the Ohio School Facilities	145279
Commission.	145280

CORRECTIVE ACTION GRANTS

145281

The foregoing appropriation item C23011, Corrective Action	145282
Grants, for fiscal year 2011, may be used to provide funding to	145283
bring facilities up to Ohio School Design Manual standards for a	145284
project funded pursuant to sections 3318.01 to 3318.20 or 3318.40	145285
to 3318.45 of the Revised Code for the correction of work found	145286
during or after project close-out to be defective, or for the	145287
remediation of work found during or after project close-out to be	145288
omitted. Funding shall only be provided for work if the impacted	145289
school district notifies the Executive Director of the Ohio School	145290
Facilities Commission within five years of project close-out. The	145291
Commission may provide funding assistance necessary to take	145292
corrective measures after evaluating defective or omitted work. If	145293
the work to be corrected or remediated is part of a project not	145294
yet completed, the Commission may amend the project agreement to	145295
increase the project budget and use corrective action funding to	145296
provide the local share of the amendment. If the work to be	145297
corrected or remediated was part of a completed project and funds	145298
were retained or transferred pursuant to division (C) of section	145299
3318.12 of the Revised Code, the Commission may enter into a new	145300
agreement to address the necessary corrective action. The	145301
Commission shall assess responsibility for the defective or	145302
omitted work and seek cost recovery from responsible parties, if	145303
applicable. Any funds recovered shall be deposited into the School	145304
Building Program Assistance Fund (Fund 7032).	145305

The foregoing appropriation item C23011, Corrective Action	145306
Grants, for fiscal year 2012, may be used to provide funding to	145307
school districts under the Corrective Action Program in accordance	145308
with section 3318.49 of the Revised Code.	145309

Section 620.31. That existing Section 105.20 of Sub. H.B. 462	145310
of the 128th General Assembly is hereby repealed.	145311

Section 620.40. That Section 105.45.70 of Sub. H.B. 462 of	145312
the 128th General Assembly, as amended by Am. Sub. H.B. 114 of the	145313
129th General Assembly, be amended to read as follows:	145314

Reappropriations

Sec. 105.45.70. CCC CUYAHOGA COMMUNITY COLLEGE

145315

C37800	Basic Renovations	$	4,406,772	145316
C37803	Technology Learning Center - Western	$	43,096	145317
C37807	Cleveland Art Museum - Improvements	$	3,100,000	145318
C37812	Building A Expansion Module - Western	$	124,332	145319
C37816	College-Wide Wayfinding Signage System	$	145,893	145320
C37817	College-Wide Asset Protection & Building	$	631,205	145321
C37818	Healthcare Technology Building - Eastern	$	13,464,866	145322
C37821	Hospitality Management Program	$	2,452,728	145323
C37822	Theater Renovations	$	2,243,769	145324
C37824	Rock and Roll Hall of Fame Archive	$	18,000	145325
C37826	CW Roof Replacement	$	190,735	145326
C37829	College of Podiatric Medicine	$	250,000	145327
C37830	Auto Lab Improvements	$	240	145328
C37831	Visiting Nurse Association	$	150,000	145329
C37832	Western Reserve Hospice Center	$	1,500	145330
C37833	Cleveland Zoological Society	$	150,000	145331
C37834	Museum of Contemporary Art Cleveland	$	450,000	145332
~~C37835~~	~~Western Reserve Historical Society~~	$	~~2,800,000~~	145333
Total Cuyahoga Community College		$	~~30,623,136~~ 27,823,136	145334

An amount equal to the unexpended portion of appropriation	145335
item C371A9, Western Reserve Historical Society, at the end of	145336
fiscal year 2011 is hereby reappropriated to appropriation item	145337
C37835, Western Reserve Historical Society.	145338

On July 1, 2011, or as soon as possible thereafter, the	145339
Director of Budget and Management shall cancel any existing	145340
encumbrances against appropriation item C371A9, Western Reserve	145341
Historical Society, and reestablish them against ~~the foregoing~~	145342
appropriation item C37835, Western Reserve Historical Society.	145343

Section 620.41. That existing Section 105.45.70 of Sub. H.B.	145344
462 of the 128th General Assembly, as amended by Am. Sub. H.B. 114	145345
of the 129th General Assembly, is hereby repealed.	145346

Section 630.10. That Section 5 of Sub. H.B. 125 of the 127th	145347
General Assembly, as most recently amended by Sub. H.B. 198 of the	145348
128th General Assembly, be amended to read as follows:	145349

Sec. 5. (A) As used in this section and Section 6 of Sub.	145350
H.B. 125 of the 127th General Assembly:	145351

(1) "Most favored nation clause" means a provision in a	145352
health care contract that does any of the following:	145353

(a) Prohibits, or grants a contracting entity an option to	145354
prohibit, the participating provider from contracting with another	145355
contracting entity to provide health care services at a lower	145356
price than the payment specified in the contract;	145357

(b) Requires, or grants a contracting entity an option to	145358
require, the participating provider to accept a lower payment in	145359
the event the participating provider agrees to provide health care	145360
services to any other contracting entity at a lower price;	145361

(c) Requires, or grants a contracting entity an option to	145362
require, termination or renegotiation of the existing health care	145363
contract in the event the participating provider agrees to provide	145364
health care services to any other contracting entity at a lower	145365
price;	145366

(d) Requires the participating provider to disclose the	145367
participating provider's contractual reimbursement rates with	145368
other contracting entities.	145369

(2) "Contracting entity," "health care contract," "health	145370
care services," "participating provider," and "provider" have the	145371
same meanings as in section 3963.01 of the Revised Code, as	145372
enacted by Sub. H.B. 125 of the 127th General Assembly.	145373

(B) ~~With respect to a contracting entity and a provider other~~	145374
~~than a hospital, no~~No health care contract ~~that includes~~shall	145375
contain a most favored nation clause ~~shall be entered into, and no~~	145376
~~health care contract at the instance of a contracting entity shall~~	145377
~~be amended or renewed to include a most favored nation clause, for~~	145378
~~a period of three years after the effective date of Sub. H.B. 125~~	145379
~~of the 127th General Assembly~~.	145380

(C) ~~With respect to a contracting entity and a hospital, no~~	145381
~~health care contract that includes a most favored nation clause~~	145382
~~shall be entered into, and no health care contract at the instance~~	145383
~~of a contracting entity shall be amended or renewed to include a~~	145384
~~most favored nation clause, for a period of three years after the~~	145385
~~effective date of Sub. H.B. 125 of the 127th General Assembly,~~	145386
~~subject to extension as provided in Section 6 of Sub. H.B. 125 of~~	145387
~~the 127th General Assembly.~~	145388

~~(D)~~ This section does not apply to and does not prohibit the	145389
continued use of a most favored nation clause in a health care	145390
contract that is between a contracting entity and a hospital and	145391
that is in existence on the effective date of Sub. H.B. 125 of the	145392
127th General Assembly ~~even if the health care contract is~~	145393
~~materially amended with respect to any provision of the health~~	145394
~~care contract other than the most favored nation clause during the~~	145395
~~two-year period specified in this section or during any extended~~	145396
~~period of time as provided in Section 6 of Sub. H.B. 125 of the~~	145397
~~127th General Assembly~~. This section applies to such contract if	145398
that contract is amended, or to any extension or renewal of that	145399
contract.	145400

Section 630.11. That existing Section 5 of Sub. H.B. 125 of	145401
the 127th General Assembly, as most recently amended by Sub. H.B.	145402
198 of the 128th General Assembly, is hereby repealed.	145403

Section 630.12. That Section 5 of Sub. H.B. 2 of the 127th	145404
General Assembly is hereby repealed.	145405

Section 640.10. That Section 6 of Am. Sub. S.B. 124 of the	145406
128th General Assembly be amended to read as follows:	145407

Sec. 6. A prosecuting attorney or treasurer of a county with	145408
a population greater than eight hundred thousand but less than	145409
nine hundred thousand may determine that the amount of money	145410
appropriated to the respective office from the county Delinquent	145411
Tax and Assessment Collection Fund under division (A) of section	145412
321.261 of the Revised Code exceeds the amount required to be used	145413
by that office as prescribed by division (A)(1) of that section.	145414
If a prosecuting attorney or treasurer of a county with that	145415
population makes such a determination, the prosecuting attorney or	145416
treasurer may expend up to fifty per cent of the excess so	145417
determined to pay the expenses of operating the respective office	145418
that otherwise would be payable from appropriations from the	145419
county general fund, notwithstanding section 321.261 of the	145420
Revised Code.	145421

This section expires December 31, ~~2011~~2012.

145422

Section 640.11. That existing Section 6 of Am. Sub. S.B. 124	145423
of the 128th General Assembly is hereby repealed.	145424

Section 690.10. That Section 153 of Am. Sub. H.B. 117 of the	145425
121st General Assembly, as most recently amended by Am. Sub. H.B.	145426
1 of the 128th General Assembly, be amended to read as follows:	145427

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	145428
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	145429
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	145430
repealed, effective October 16, ~~2011~~2013.	145431

(B) Any money remaining in the Legislative Budget Services	145432
Fund on October 16, ~~2011~~2013, the date that section 5112.19 of	145433
the Revised Code is repealed by division (A) of this section,	145434
shall be used solely for the purposes stated in then former	145435
section 5112.19 of the Revised Code. When all money in the	145436
Legislative Budget Services Fund has been spent after then former	145437
section 5112.19 of the Revised Code is repealed under division (A)	145438
of this section, the fund shall cease to exist.	145439

Section 690.11. That existing Section 153 of Am. Sub. H.B.	145440
117 of the 121st General Assembly, as most recently amended by Am.	145441
Sub. H.B. 1 of the 128th General Assembly, is hereby repealed.	145442

Section 690.20. It is not the intent of the General	145443
Assembly, in amending section 101.01 of the Revised Code in	145444
Section 1 of this act, to supersede the suspension of the repeal	145445
and delayed effective date of that repeal as described in Section	145446
4 of Sub. H.B. 495 of the 128th General Assembly.	145447

Section 701.10. The Department of Administrative Services	145448
shall post on the Department's Internet web site the form for the	145449
contract documents that a public authority contracting for	145450
services with a construction manager at risk or a design-build	145451
firm must use on and after the date of the posting and until the	145452
rules adopted under section 153.503 of the Revised Code are	145453
implemented.	145454

Section 701.13. (A) The Director of Administrative Services	145455
shall adopt rules in accordance with Chapter 119. of the Revised	145456
Code to establish guidelines for the provision of surety bonds by	145457
construction managers at risk, as required under section 9.333 of	145458
the Revised Code, and design-build firms, as required under	145459
section 153.70 of the Revised Code.	145460

(B) The amendment or enactment of sections 9.312, 9.33,	145461
9.331, 9.332, 9.333, 9.334, 9.335, 9.336, 123.011, 126.141,	145462
153.01, 153.012, 153.03, 153.07, 153.08, 153.50, 153.501, 153.502,	145463
153.503, 153.504, 153.51, 153.52, 153.53, 153.54, 153.55, 153.56,	145464
153.57, 153.581, 153.65, 153.66, 153.67, 153.69, 153.692, 153.693,	145465
153.694, 153.695, 153.70, 153.71, 153.72, 153.73, 153.80, 3313.46,	145466
3353.04, 3354.16, 3357.16, 4113.61, 5540.03, and 6115.20 of the	145467
Revised Code and Section 701.10 of this act modifying the laws	145468
governing the permissible methods of construction delivery for the	145469
construction of public improvements shall apply only to public	145470
improvement projects commencing on or after the date the rules	145471
adopted under division (A) of this section become effective.	145472

Section 701.20. Not later than July 1, 2012, the Department	145473
of Administrative Services shall submit a report to the General	145474
Assembly, in accordance with section 101.68 of the Revised Code,	145475
on the feasibility of all of the following regarding health care	145476
plans to cover persons employed by political subdivisions, public	145477
school districts, as defined in section 9.901 of the Revised Code,	145478
and state institutions of higher education, as defined in section	145479
3345.011 of the Revised Code:	145480

(A) Designing multiple health care plans that achieve an	145481
optimal combination of coverage, cost, choice, and stability,	145482
which plans include both state and regional preferred provider	145483
plans, set employee and employer premiums, and set employee plan	145484
copayments, deductibles, exclusions, limitations, formularies, and	145485
other responsibilities;	145486

(B) Maintaining reserves, reinsurance, and other measures to	145487
insure the long-term stability and solvency of the health care	145488
plans;	145489

(C) Providing appropriate health care information, wellness	145490
programs, and other preventive health care measures to health care	145491
plan beneficiaries;	145492

(D) Coordinating contracts for services related to the health	145493
care plans;	145494

(E) Voluntary and mandatory participation by political	145495
subdivisions, public school districts, and institutions of higher	145496
education;	145497

(F) The potential impacts of any changes to the existing	145498
purchasing structure on existing health care pooling and	145499
consortiums;	145500

(G) Removing barriers to competition and access to health	145501
care pooling.	145502

No action shall be taken regarding health care coverage for	145503
employees of political subdivisions, public school districts, and	145504
state institutions of higher education without the enactment of	145505
law by the General Assembly.	145506

Section 701.30. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES

145507

As used in this section, "appointing authority" has the same	145508
meaning as in section 124.01 of the Revised Code, and "exempt	145509
employee" has the same meaning as in section 124.152 of the	145510
Revised Code.	145511

Notwithstanding section 124.181 of the Revised Code, in cases	145512
where no vacancy exists, an appointing authority may, with the	145513
written consent of an exempt employee, assign duties of a higher	145514
classification to that exempt employee for a period of time not to	145515
exceed two years, and that exempt employee shall receive	145516
compensation at a rate commensurate with the duties of the higher	145517
classification.	145518

Section 701.40. (A)There is hereby created the Ohio Housing	145519
Study Committee with the purpose of formulating a comprehensive	145520
review of the policies and results of the Ohio Housing Finance	145521
Agency, its programs and its working relationships to ensure that	145522
all Agency programs are evaluated by an objective process to	145523
ensure all Ohioans receive optimal and measurable benefits	145524
afforded to them through the authority of the Agency.	145525

(B) The Committee shall do all of the following:

145526

(1) Perform a comprehensive review of Chapter 175. of the	145527
Revised Code to determine the relevance of the chapter and	145528
determine whether it should be formally reviewed or amended by the	145529
General Assembly, up to and including appropriate legislative	145530
oversight and accountability;	145531

(2) Review the Agency's relationships to ensure an equitable	145532
and level playing field regarding its single- and multi-family	145533
housing programs;	145534

(3) Review the Agency's policy leadership and the measurable	145535
economic impact and other effects of its programs;	145536

(4) Review the Agency's Qualified Allocation Plan development	145537
process and underlying policies to understand whether objective	145538
and measurable results are achieved to fulfill clearly articulated	145539
public policy goals;	145540

(5) Create a quantitative report measuring the economic	145541
benefits of the Agency's single- and multi-family programming over	145542
the last ten years;	145543

(6) Evaluate the possible efficiencies of combining existing	145544
Ohio Department of Development housing-related programming with	145545
those of the Agency.	145546

The Chairperson of the Committee may include other relevant	145547
areas of study as necessary.	145548

(C) The Committee shall commence on the effective date of	145549
this act and shall provide a report expressing its findings and	145550
financial, policy, or legislative recommendations to the Governor,	145551
the Speaker of the House of Representatives, and the President of	145552
the Senate on or before March 31, 2012.	145553

(D) The Committee shall be comprised of the Auditor of State,	145554
or the Auditor's designee, the Director of Commerce, or the	145555
Director's designee, the Director of Development, or the	145556
Director's designee, and four members of the General Assembly. Two	145557
members shall be appointed by the Speaker of the House of	145558
Representatives and two members shall be appointed by the	145559
President of the Senate.	145560

The Governor, Speaker of the House of Representatives, and	145561
the President of the Senate shall determine the chairperson of the	145562
Committee.	145563

(E) The Committee shall meet on a reasonable basis at the	145564
discretion of the chairperson.	145565

(F) All reasonable expenses incurred by the Committee in	145566
carrying out its responsibilities shall be paid by Ohio Housing	145567
Finance Agency funds. In addition to reasonable expenses, the	145568
Committee shall have the discretion to allocation Agency funds to	145569
contract with the Auditor of State for services rendered in	145570
relation to the Committee carrying out its responsibilities,	145571
including financial- and performance-based audits and other	145572
services. The Auditor of State may contract with an independent	145573
auditor.	145574

The Committee may also contract with other independent	145575
entities for services rendered in relation to the Committee	145576
carrying out its responsibilities. Expenditures to pay for the	145577
services of the Auditor of State, independent auditor, or other	145578
services shall not exceed two hundred thousand dollars.	145579

No entity contracting with the Committee for services	145580
rendered shall have a financial or vested interest in the Ohio	145581
Housing Finance Agency, its affiliates, or its nonprofit partners.	145582

Section 701.50. (A) Except as otherwise provided in section	145583
154.24 or 154.25 of the Revised Code, as enacted by this act, with	145584
respect to the functions of the Ohio Public Facilities Commission,	145585
the Treasurer of State shall, on the effective date of this	145586
section and as provided for in this section, supersede and replace	145587
the Ohio Building Authority (referred to in this section as the	145588
"Authority") as the issuing authority in all matters relating to	145589
the issuance of obligations for the financing of capital	145590
facilities for housing branches and agencies of state government	145591
as provided for in section 154.24 of the Revised Code or for	145592
community or technical colleges as provided for in section 154.25	145593
of the Revised Code (together referred to in this section as	145594
"facilities for capital purposes"), as enacted by this act (all	145595
referred to in this section as "superseded matters").	145596

(B)(1) With respect to superseded matters and facilities for	145597
capital purposes, the Treasurer of State shall:	145598

(a) Succeed to and have and perform all of the duties,	145599
powers, obligations, and functions of the Authority and its	145600
members and officers provided for by law or rule relating to the	145601
issuance of bonds, notes, or other obligations for the purpose of	145602
paying costs of facilities for capital purposes;	145603

(b) Succeed to and have and perform all of the duties,	145604
powers, obligations, and functions, and have all of the rights of,	145605
the Authority and its members and officers provided for in or	145606
pursuant to resolutions, rules, agreements, trust agreements, and	145607
supplemental trust agreements (all referred to collectively in	145608
this section as "basic instruments"), and bonds, notes, and other	145609
obligations (all referred to collectively in this section as	145610
"financing obligations"), previously authorized, entered into, or	145611
issued by the Authority for facilities for capital purposes, which	145612
financing obligations shall be, or shall be deemed to be,	145613
obligations issued by and of the Treasurer of State; and	145614

(c) Be bound by all agreements and covenants of the	145615
Authority, and basic instruments, relating to financing	145616
obligations.	145617

(2) The transfer of superseded matters to the Treasurer of	145618
State pursuant to this section does not affect the validity of any	145619
agreement or covenant, basic instrument, or financing obligation,	145620
or any related document, authorized, entered into, or issued by	145621
the Authority under Chapter 152. of the Revised Code or other	145622
laws, and nothing in this section shall be applied or considered	145623
as impairing the obligations or rights under them.	145624

(3) The Treasurer of State shall not issue any additional	145625
financing obligations pursuant to any basic instrument of the	145626
Authority, including financing obligations to refund financing	145627
obligations previously issued by the Authority.	145628

(C) With respect to proceedings relating to superseded	145629
matters affected by this section:	145630

(1) This section applies to any proceedings that are	145631
commenced after the effective date of this section, and to any	145632
proceedings that are pending, in progress, or completed on that	145633
date, notwithstanding the applicable law previously in effect or	145634
any provision to the contrary in a prior basic instrument, notice,	145635
or other proceeding.	145636

(2) Any proceedings of the Authority that are pending on the	145637
effective date of this section shall be pursued and completed by	145638
and in the name of the Treasurer of State, and any financing	145639
obligations that are sold, issued, and delivered pursuant to those	145640
proceedings shall be deemed to have been authorized, sold, issued,	145641
and delivered in conformity with this section.	145642

(3) Notwithstanding divisions (C)(1) and (2) of this section,	145643
the Authority may, subsequent to the effective date of this	145644
section, meet for the purpose of better accomplishing the transfer	145645
of superseded matters. At any such meeting the Authority may take	145646
necessary or appropriate actions to effect an orderly transition	145647
relating to the issuance of financing obligations, such that all	145648
duties, powers, obligations, and functions of the Authority and	145649
its members and officers with respect to the superseded matters or	145650
under any leases and agreements between the Authority and a state	145651
agency for facilities for capital purposes shall terminate and be	145652
of no further force and effect as to the Authority.	145653

(D) Notwithstanding any other provision of this section, this	145654
section shall not apply to the Authority's interests in or	145655
responsibilities for the operation and maintenance, or any lease	145656
or agreement relating to the operation and maintenance of, the	145657
James A. Rhodes State Office Tower (30 East Broad Street,	145658
Columbus), the Vern Riffe Center for Government and the Arts (77	145659
South High Street, Columbus), the Frank J. Lausche State Office	145660
Building (615 West Superior Avenue, Cleveland), the Michael V.	145661
DiSalle Government Center (One Government Center, Toledo), the	145662
Oliver R. Ocasek Government Office Building (161 South High	145663
Street, Akron), and the State of Ohio Computer Center (1320 Arthur	145664
E. Adams Drive, Columbus).	145665

(E) The Authority and the Treasurer of State shall prepare	145666
any necessary amendments of or supplements to documents or basic	145667
instruments pertaining to the duties, powers, obligations,	145668
functions, and rights relating to superseded matters to which the	145669
Treasurer of State succeeds pursuant to this section. The	145670
authorization by the Authority in its basic instruments relating	145671
to superseded matters for its officers to act in any manner on	145672
behalf of the Authority shall, on and after the effective date of	145673
this section, be authorization for the Treasurer of State, or the	145674
Treasurer of State's staff or employees to whom the Treasurer of	145675
State may delegate the function, to act in the circumstances,	145676
without necessity for amendment of or supplement to any such	145677
documents or basic instruments.	145678

(F) No pending judicial or administrative action or	145679
proceeding in which the Authority, or its members or officers as	145680
such, are a party that pertains to superseded matters shall be	145681
affected by their transfer, but shall be prosecuted or defended in	145682
the name of the Treasurer of State and in any such action or	145683
proceeding the Treasurer of State, upon application to the court,	145684
shall be substituted as a party.	145685

(G) In connection with the duties, powers, obligations,	145686
functions, and rights relating to superseded matters and provided	145687
for in this section, on the effective date of this section:	145688

(1) Copies of all basic instruments, documents, books,	145689
papers, and records of the Authority shall be transferred to the	145690
Treasurer of State upon request, without necessity for assignment,	145691
conveyance, or other action by the Authority.	145692

(2) All appropriations previously made to or for the	145693
Authority for the purposes of the performance of the duties,	145694
powers, obligations, functions, and exercise of rights relating to	145695
superseded matters, to the extent of remaining unexpended or	145696
unencumbered balances, are hereby transferred to and made	145697
available for use and expenditure by the Treasurer of State for	145698
performing the same duties, powers, obligations, and functions and	145699
exercising the same rights for which originally appropriated, and	145700
payments for administrative expenses previously incurred in	145701
connection with them shall be made from the applicable	145702
administrative service fund on vouchers approved by the Treasurer	145703
of State.	145704

(3) All leases and agreements between the Authority and a	145705
state agency for facilities for capital purposes made under	145706
Chapter 152. of the Revised Code shall, and shall be considered	145707
to, continue to bind that state agency. Nothing in this act shall	145708
be considered as impairing the obligations of any state agency	145709
under those leases and agreements.	145710

(4) Any lease, grant, or conveyance made to the Authority	145711
pursuant to section 152.06 of the Revised Code shall be, and shall	145712
be deemed to be, made to the Ohio Public Facilities Commission	145713
pursuant to section 154.16 of the Revised Code, and the Ohio	145714
Public Facilities Commission shall succeed to and have and perform	145715
all of the duties, powers, obligations, and functions, and have	145716
all of the rights, of the Authority and its members and officers	145717
provided for in or pursuant to that lease, grant, or conveyance.	145718

(H) Whenever the Authority, or any of its members or	145719
officers, is referred to in any contract or other document	145720
relating to those outstanding financing obligations, the reference	145721
shall be considered to be, as applicable, to the Ohio Public	145722
Facilities Commission or its appropriate officers or to the	145723
Treasurer of State or the appropriate staff of the Treasurer of	145724
State.	145725

Section 715.10. (A) The Ohio Soil and Water Conservation	145726
Commission that is created in section 1515.02 of the Revised Code	145727
shall establish a Conservation Program Delivery Task Force to	145728
provide recommendations to the Director of Natural Resources	145729
regarding how soil and water conservation districts established	145730
under section 1515.03 of the Revised Code may advance effective	145731
and efficient operations while continuing to provide local program	145732
leadership. The Task Force shall examine methods for improving	145733
services and removing impediments to organizational management and	145734
explore opportunities for sharing services across all levels of	145735
government.	145736

(B) The chairperson of the Commission in consultation with	145737
the Director shall appoint no more than nine members to the Task	145738
Force. The Task Force shall include members of the boards of	145739
supervisors of soil and water conservation districts and other	145740
individuals who represent diverse geographic areas of the state	145741
and may include members from the Ohio Federation of Soil and Water	145742
Conservation Districts, the Natural Resources Conservation Service	145743
in the United States Department of Agriculture, the County	145744
Commissioners' Association of Ohio, the Ohio Municipal League, and	145745
the Ohio Township Association. The Task Force may consult with	145746
those organizations and agencies.	145747

(C) The chairperson of the Commission or another member of	145748
the Commission who is designated by the chairperson shall serve as	145749
chairperson of the Task Force.	145750

(D) Members appointed to the Task Force shall serve without	145751
compensation and shall not be reimbursed for expenses. The	145752
Division of Soil and Water Resources shall provide technical and	145753
administrative support as needed by the Task Force.	145754

(E) The Task Force shall hold its first meeting no later than	145755
September 1, 2011, and shall submit a final report of	145756
recommendations to the Director and the Commission no later than	145757
December 31, 2011. Upon submission of the final report, the Task	145758
Force shall cease to exist.	145759

Section 733.10. (A) The Department of Education shall	145760
conduct and publicize a second Educational Choice Scholarship	145761
application period for the 2011-2012 school year to award for that	145762
year scholarships newly authorized by sections 3310.02 and 3310.03	145763
of the Revised Code, as amended by this act. The second	145764
application period shall commence on the effective date of this	145765
section and shall end at the close of business on the first	145766
business day that is at least forty-five days after the effective	145767
date of this section.	145768

(B) Not later than ten days after the effective date of this	145769
section, the Department shall do both of the following:	145770

(1) Mail, to each person who applied for a scholarship during	145771
the first application period for the 2011-2012 school year but did	145772
not receive a scholarship, a notice announcing the second	145773
application period, the opportunity to re-apply, and the	145774
application deadline;	145775

(2) Post prominently on its web site a list of school	145776
district-operated buildings that meet both of the following	145777
criteria:	145778

(a) For at least two of the three school years from 2007-2008	145779
through 2009-2010, ranked in the lowest ten per cent of school	145780
district buildings according to performance index score reported	145781
under section 3302.03 of the Revised Code;	145782

(b) Were not declared to be excellent or effective under that	145783
section for the 2009-2010 school year.	145784

(C) The Department shall award scholarships for the 2011-2012	145785
school year from applications submitted during the second	145786
application period according to the order of priority listed in	145787
division (B) of section 3310.02 of the Revised Code, as amended by	145788
this act. The Department shall base its award determinations on	145789
the applicant students' status during the 2010-2011 school year.	145790

(D) Notwithstanding any provision of sections 3310.01 to	145791
3310.17 of the Revised Code, any rule of the State Board of	145792
Education, or any policy of the Department to the contrary, the	145793
Department shall not deny a scholarship to a student for whom an	145794
application is submitted during the second application period	145795
solely because the student already has been admitted to a	145796
chartered nonpublic school for the 2011-2012 school year, if both	145797
of the following apply:	145798

(1) A timely application was submitted on the student's	145799
behalf during the first application period for the 2011-2012	145800
school year and the student was denied a scholarship solely	145801
because the number of applications exceeded the number of	145802
available scholarships.	145803

(2) The student either:

145804

(a) Was enrolled, through the final day of scheduled classes	145805
for the 2010-2011 school year, in the district school or community	145806
school indicated on the student's first application for the	145807
2011-2012 school year;	145808

(b) Is eligible to enroll in kindergarten for the 2011-2012	145809
school year and was not enrolled in kindergarten in a nonpublic	145810
school in the 2010-2011 school year.	145811

(E)(1) For purposes of determining eligibility under division	145812
(B) of section 3310.03 of the Revised Code for scholarships	145813
awarded for the 2012-2013 school year, the Department shall post	145814
prominently on its web site a list of school district buildings	145815
that meet both of the following criteria:	145816

(a) For at least two of the three school years from 2008-2009	145817
through 2010-2011, ranked in the lowest ten per cent of school	145818
district buildings according to performance index score;	145819

(b) Were not declared to be excellent or effective under	145820
section 3302.03 of the Revised Code for the 2010-2011 school year.	145821

(2) For purposes of determining eligibility under division	145822
(B) of section 3310.03 of the Revised Code for scholarships	145823
awarded for the 2013-2014 school year, the Department shall post	145824
prominently on its web site a list of school district buildings	145825
that meet both of the following criteria:	145826

(a) For at least two of the three school years from 2009-2010	145827
through 2011-2012, ranked in the lowest ten per cent of school	145828
district buildings according to performance index score;	145829

(b) Were not declared to be excellent or effective under	145830
section 3302.03 of the Revised Code for the 2011-2012 school year.	145831

(3) For purposes of determining eligibility under division	145832
(B) of section 3310.03 of the Revised Code for scholarships	145833
awarded for the 2014-2015 school year, the Department shall post	145834
prominently on its web site a list of school district buildings	145835
that meet both of the following criteria:	145836

(a) For at least two of the three school years from 2010-2011	145837
through 2012-2013, ranked in the lowest ten per cent of school	145838
district buildings according to performance index score;	145839

(b) Were not declared to be excellent or effective under	145840
section 3302.03 of the Revised Code for the 2012-2013 school year.	145841

(F) As used in this section, "enrolled" has the same meaning	145842
as in division (E) of section 3317.03 of the Revised Code.	145843

Section 733.20. (A)(1) Notwithstanding section 3305.03 of the	145844
Revised Code or any other provision of Chapter 3305. of the	145845
Revised Code, an alternative retirement plan established by a	145846
public institution of higher education prior to July 1, 2000, that	145847
is a qualified trust under section 401(a) of the Internal Revenue	145848
Code is hereby designated a provider for purposes of Chapter 3305.	145849
of the Revised Code.	145850

(2) Other than the contributions required under division (D)	145851
of section 3305.06 of the Revised Code and interest on those	145852
contributions at a rate determined by the State Teachers	145853
Retirement Board, a public institution of higher education is not	145854
required to pay any contributions or interest due the State	145855
Teachers Retirement System for an employee who prior to July 1,	145856
2000, made an election to participate in an alternative retirement	145857
plan designated under this section, from the date of the election	145858
as long as participation by the employee continues.	145859

(B) Notwithstanding division (C) of section 3305.05 of the	145860
Revised Code, a public institution of higher education that failed	145861
to timely file with the State Teachers Retirement System a copy of	145862
an election of an employee described in division (A)(2) of this	145863
section may file the election not later than ninety days after the	145864
effective date of this section. The system shall accept the filing	145865
as though made in compliance with section 3305.05 of the Revised	145866
Code.	145867

Section 733.30. Notwithstanding the dates prescribed by	145868
division (D) of section 3311.054 of the Revised Code, not later	145869
than July 1, 2012, the governing board of an educational service	145870
center established under that section shall redistrict the	145871
educational service center's territory into a number of	145872
subdistricts equal to the number of board members designated under	145873
division (B)(1) of that section, based on the results of the 2010	145874
decennial census. At the regular municipal election held in	145875
November 2013, all elected governing board members shall again be	145876
elected from the subdistricts created under this section.	145877

If a governing board fails to redistrict the territory of its	145878
educational service center in accordance with this section, the	145879
superintendent of public instruction shall redistrict the service	145880
center not later than August 1, 2012.	145881

Section 737.11. (A) Twelve months after the effective date	145882
of this section, the Public Health Council shall rescind the rules	145883
adopted under former section 3733.42 of the Revised Code as	145884
repealed by this act.	145885

(B) If an agricultural labor camp is located within the	145886
jurisdiction of a board of health, the board of health may adopt	145887
rules under section 3733.42 of the Revised Code as enacted by this	145888
act. After adopting the rules, the board of health immediately	145889
shall notify the Director of Health.	145890

(C)(1) The rules governing agricultural labor camps adopted	145891
by the Public Health Council under former section 3733.42 of the	145892
Revised Code as repealed by this act shall remain in effect in a	145893
health district until the board of health of that district adopts	145894
rules under section 3733.42 of the Revised Code as enacted by this	145895
act or until twelve months after the effective date of this	145896
section, whichever occurs first.	145897

(2) On the effective date of rules adopted by a board of	145898
health under section 3733.42 of the Revised Code as enacted by	145899
this act, the Public Health Council rules adopted under former	145900
section 3733.42 of the Revised Code as repealed by this act cease	145901
to be effective within the jurisdiction of that board of health	145902
unless the Public Health Council has already rescinded the rules	145903
under division (A) of this section.	145904

(D) As used in this section:

145905

(1) "Agricultural labor camp" and "board of health" have the	145906
same meanings as in section 3733.41 of the Revised Code.	145907

(2) "Health district" has the same meaning as in section	145908
3733.21 of the Revised Code.	145909

(3) "Public Health Council" means the Public Health Council	145910
created by section 3701.33 of the Revised Code.	145911

Section 737.15. (A) Twelve months after the effective date of	145912
this section, the Public Health Council shall rescind the rules	145913
adopted under former section 3733.22 of the Revised Code as	145914
repealed by this act.	145915

(B) If a marina is located within the jurisdiction of a board	145916
of health, the board of health may adopt rules under section	145917
3733.21 of the Revised Code as amended by this act. After adopting	145918
the rules, the board of health immediately shall notify the	145919
Director of Health.	145920

(C)(1) The rules governing marinas adopted by the Public	145921
Health Council under former section 3733.22 of the Revised Code as	145922
repealed by this act shall remain in effect in a health district	145923
until the board of health of that district adopts rules under	145924
section 3733.21 of the Revised Code as amended by this act or	145925
until twelve months after the effective date of this section,	145926
whichever occurs first.	145927

(2) On the effective date of rules adopted by a board of	145928
health under section 3733.21 of the Revised Code as amended by	145929
this act, the Public Health Council rules adopted under former	145930
section 3733.22 of the Revised Code as repealed by this act cease	145931
to be effective within the jurisdiction of that board of health	145932
unless the Public Health Council has already rescinded the rules	145933
under division (A) of this section.	145934

(D) As used in this section:

145935

(1) "Board of health," "health district," and "marina" have	145936
the same meanings as in section 3733.21 of the Revised Code.	145937

(2) "Public Health Council" means the Public Health Council	145938
created by section 3701.33 of the Revised Code.	145939

Section 737.30. (A) The Manufactured Homes Commission shall	145940
adopt the rules required by section 4781.26 of the Revised Code as	145941
amended by this act not later than December 1, 2011. After	145942
adopting the rules, the Commission immediately shall notify the	145943
Director of Health.	145944

(B)(1) The rules governing manufactured home parks adopted by	145945
the Public Health Council under former section 3733.02 of the	145946
Revised Code as amended by this act shall remain in effect in a	145947
health district until the Commission adopts rules under section	145948
4781.26 of the Revised Code as amended by this act.	145949

(2) On the effective date of the rules adopted by the	145950
Commission as required by section 4781.26 of the Revised Code as	145951
amended by this act, the Public Health Council rules adopted under	145952
former section 3733.02 of the Revised Code as amended by this act	145953
cease to be effective within the jurisdiction of that board of	145954
health.	145955

(C) No board of health of a city or general health district	145956
shall invoice or collect manufactured home park licensing fees for	145957
calendar year 2012.	145958

(D) As used in this section:

145959

(1) "Manufactured home park," "board of health," and "health	145960
district" have the same meanings as in section 3733.01 of the	145961
Revised Code.	145962

(2) "Public Health Council" means the Public Health Council	145963
created by section 3701.33 of the Revised Code.	145964

Any manufactured home park license and inspection fees	145965
collected pursuant to section 3733.04 of the Revised Code by a	145966
board of health prior to the transition of the annual license and	145967
inspection program to the Manufactured Homes Commission as	145968
required under this act in the amount of two thousand dollars or	145969
less may be transferred to the health fund of the city or general	145970
health district. Any of those funds in excess of two thousand	145971
dollars shall be transferred to the Manufactured Homes Commission	145972
and deposited in the Manufactured Homes Commission Regulatory Fund	145973
created in section 4781.54 of the Revised Code as enacted by this	145974
act.	145975

Section 747.20. Notwithstanding the original term of the	145976
appointment, the term of the Manufactured Homes Commission member	145977
who was appointed by the Governor as a representative of the	145978
Department of Health pursuant to division (B)(2)(b) of section	145979
4781.02 of the Revised Code shall end on the effective date of	145980
that section as amended by this act. The initial term of the	145981
registered sanitarian appointed to the Manufactured Homes	145982
Commission pursuant to section 4781.02 of the Revised Code, as	145983
amended by this act, shall expire on the date when the	145984
representative of the Department of Health's term would have	145985
expired, but for this section.	145986

Section 747.30. (A) There is hereby created the Auctioneer	145987
Study Commission consisting of the following members:	145988

(1) A representative of the Department of Taxation appointed	145989
by the Tax Commissioner;	145990

(2) A representative of the Bureau of Motor Vehicles	145991
appointed by the Registrar of Motor Vehicles;	145992

(3) A representative of the Office of the Attorney General	145993
appointed by the Attorney General;	145994

(4) A representative of the Department of Agriculture	145995
appointed by the Director of Agriculture;	145996

(5) A representative of the State Auctioneers Commission	145997
appointed by the Commission;	145998

(6) One member appointed by the Ohio Automobile Dealers	145999
Association;	146000

(7) One member appointed by the Ohio Automobile Auction	146001
Coalition;	146002

(8) One member representing equipment auctioneers;

146003

(9) One member representing consignment facility auctioneers;	146004
(10) Two members of the House of Representatives appointed by the	146005
Speaker of the House of Representatives;	146006

(11) Two members of the Senate appointed by the President of	146007
the Senate.	146008

(B) All appointments shall be made to the Commission not	146009
later than ten days after the effective date of this section. The	146010
member representing the Department of Agriculture shall serve as	146011
the chairperson. The Commission shall hold its first meeting	146012
thirty days after the effective date of this section and shall	146013
hold regular meetings as necessary after the initial meeting.	146014

(C) The Commission shall examine the scope of practices for	146015
the auctioneer profession and shall make recommendations to the	146016
General Assembly regarding those practices.	146017

(D) Not later than January 1, 2012, the Commission shall	146018
submit a report of its findings and recommendations to the	146019
Governor, the Speaker of the House of Representatives, the	146020
Minority Leader of the House of Representatives, the President of	146021
the Senate, and the Minority Leader of the Senate. Upon submission	146022
of the report, the Commission ceases to exist.	146023

Section 753.10. (A) As used in this section, "contractor"	146024
and "facility" have the same meanings as in section 9.06 of the	146025
Revised Code, as amended by Sections 101.01 and 101.02 of this	146026
act.	146027

(B)(1) The Director of Administrative Services and the	146028
Director of Rehabilitation and Correction are hereby authorized to	146029
award one or more contracts through requests for proposals for the	146030
operation and management by a contractor of one or more of the	146031
facilities described in divisions (C) to (G) of this section,	146032
pursuant to section 9.06 of the Revised Code, and for the transfer	146033
of the state's right, title, and interest in the real property on	146034
which the facility is situated and any surrounding land as	146035
described in those divisions.	146036

(2) If the Director of Administrative Services and the	146037
Director of Rehabilitation and Correction award a contract of the	146038
type described in division (B)(1) of this section to a contractor	146039
regarding a facility described in division (C), (D), (E), (F), or	146040
(G) of this section, in addition to the requirements, statements,	146041
and authorizations that must be included in the contract pursuant	146042
to division (B) of section 9.06 of the Revised Code, the contract	146043
shall include all of the following regarding the facility that is	146044
the subject of the contract:	146045

(a) An agreement for the sale to the contractor of the	146046
state's right, title, and interest in the facility, the land	146047
situated thereon, and specified surrounding land;	146048

(b) A requirement that the contractor provide preferential	146049
hiring treatment to employees of the Department of Rehabilitation	146050
and Correction in order to retain staff displaced as a result of	146051
the transition of the operation and management of the facility and	146052
to meet the administrative, programmatic, maintenance, and	146053
security needs of the facility;	146054

(c) Notwithstanding any provision of the Revised Code,	146055
authorization for the transfer to the contractor of any supplies,	146056
equipment, furnishings, fixtures, or other assets considered	146057
necessary by the Director of Rehabilitation and Correction and the	146058
Director of Administrative Services for the continued operation	146059
and management of the facility;	146060

(d) A binding commitment that does all of the following:

146061

(i) Provides that, before the contractor, or the contractor's	146062
successor in title, may resell or otherwise transfer the facility	146063
and the real property on which it is situated, any surrounding	146064
land that is to be transferred under the contract, or both the	146065
facility and real property on which it is situated plus the	146066
surrounding land that is to be transferred under the contract, the	146067
contractor or successor first must offer the state the opportunity	146068
to repurchase the facility, real property, and surrounding land	146069
that is to be resold or transferred for a price not greater than	146070
the purchase price paid to the state for that facility, real	146071
property, or surrounding land, less depreciation from the time of	146072
the conveyance of that facility, real property, or surrounding	146073
land to the contractor, plus the depreciated value of any capital	146074
improvements to that facility, real property, or surrounding land	146075
that were made to it and funded by anyone other than the state	146076
subsequent to the conveyance to the contractor;	146077

(ii) Specifies that the opportunity described in division	146078
(B)(2)(d)(i) of this section must be offered to the state at least	146079
one hundred twenty days before the contractor intends to resell or	146080
otherwise transfer the facility, real property, or surrounding	146081
land that is to be resold or transferred;	146082

(iii) Irrevocably grants to the state the right to repurchase	146083
the facility, real property, and surrounding land that is to be	146084
resold or otherwise transferred for the price described in	146085
division (B)(2)(d)(i) of this section.	146086

(3)(a) If the Director of Administrative Services and the	146087
Director of Rehabilitation and Correction award a contract of the	146088
type described in division (B)(1) of this section to a contractor	146089
regarding a facility described in division (C), (D), (E), (F), or	146090
(G) of this section, notwithstanding any provision of the Revised	146091
Code and subject to division (B)(3)(b) of this section, the state	146092
may transfer to the contractor in accordance with the contract any	146093
supplies, equipment, furnishings, fixtures, or other assets	146094
considered necessary by the Director of Rehabilitation and	146095
Correction and the Director of Administrative Services for the	146096
continued operation and management of the facility. For purposes	146097
of this paragraph and the transfer authorized under this	146098
paragraph, any such supplies, equipment, furnishings, fixtures, or	146099
other assets shall not be considered supplies, excess supplies, or	146100
surplus supplies as defined in section 125.12 of the Revised Code	146101
and may be disposed of as part of the transfer of the facility to	146102
the contractor.	146103

(b) If the Director of Administrative Services and the	146104
Director of Rehabilitation and Correction award a contract of the	146105
type described in division (B)(1) of this section to a contractor	146106
regarding the facility described in division (D) of this section,	146107
the Director of Rehabilitation and Correction may transfer to	146108
another state correctional institution to be determined by the	146109
Director of Rehabilitation and Correction the Braille printing	146110
press and related accessories located at the facility described in	146111
division (D) of this section and all programs associated with the	146112
Braille printing press.	146113

(4) Nothing in divisions (B)(1) to (3) or divisions (C) to	146114
(G) of this section restricts the department of rehabilitation and	146115
correction from contracting for only the private operation and	146116
management of any of the facilities described in divisions (C) to	146117
(G) of this section.	146118

(C)(1) As used in division (C) of this section, "grantee"	146119
means an entity that has contracted under section 9.06 of the	146120
Revised Code to privately operate the Lake Erie Correctional	146121
Facility, if the contract includes the clauses described in	146122
division (B)(2) of this section for the purchase of that Facility.	146123

(2) The Governor is authorized to execute a deed in the name	146124
of the state conveying to the grantee, its successors and assigns,	146125
all of the right, title, and interest of the state in the Lake	146126
Erie Correctional Facility, in the City of Conneaut, County of	146127
Ashtabula, State of Ohio, the land situated thereon, and any	146128
surrounding land, which totals approximately 119 acres.	146129

In preparing the deed, the Auditor of State, with the	146130
assistance of the Attorney General, shall develop a legal	146131
description of the property in conformity with the actual bounds	146132
of the real estate.	146133

(3) Consideration for conveyance of the real estate shall be	146134
set forth in the contract awarded to the grantee and shall be paid	146135
in accordance with the terms of the contract.	146136

(4)(a) The deed may contain any restriction that the Director	146137
of Administrative Services and the Director of Rehabilitation and	146138
Correction determine is reasonably necessary to protect the	146139
state's interest in neighboring state-owned land.	146140

(b) The deed also shall contain restrictions prohibiting the	146141
grantee from using, developing, or selling the real estate, or the	146142
correctional facility thereon, except in conformance with the	146143
restriction, or if the use, development, or sale will interfere	146144
with the quiet enjoyment of the neighboring state-owned land.	146145

(5) The real estate shall be sold as an entire tract and not	146146
in parcels.	146147

(6) Upon payment of the purchase price as set forth in the	146148
contract awarded to the grantee, the Auditor of State, with the	146149
assistance of the Attorney General, shall prepare a deed to the	146150
real estate. The deed shall state the consideration and	146151
restrictions and shall be executed by the Governor in the name of	146152
the state, countersigned by the Secretary of State, sealed with	146153
the Great Seal of the State, presented in the Office of the	146154
Auditor of State for recording, and delivered to the grantee. The	146155
grantee shall present the deed for recording in the Office of the	146156
Ashtabula County Recorder.	146157

(7) The grantee shall pay all costs associated with the	146158
purchase and conveyance of the real estate, including recordation	146159
costs of the deed.	146160

(8) The proceeds of the conveyance of the real estate shall	146161
be deposited into the state treasury to the credit of the Adult	146162
and Juvenile Correctional Facilities Bond Retirement Fund and	146163
shall be used to redeem or defease bonds in accordance with	146164
section 5120.092 of the Revised Code, and any remaining moneys	146165
after such redemption or defeasance shall be transferred in	146166
accordance with that section to the General Revenue Fund.	146167

(9) Division (C) of this section does not restrict the	146168
Department of Rehabilitation and Correction from contracting, not	146169
for the sale of, but only for the private operation and management	146170
of the Lake Erie Correctional Facility.	146171

(10) Division (C) of this section expires two years after its	146172
effective date.	146173

(D)(1) As used in division (D) of this section, "grantee"	146174
means an entity that has contracted under section 9.06 of the	146175
Revised Code to privately operate the Grafton Correctional	146176
Institution, if the contract includes the clauses described in	146177
division (B)(2) of this section for the purchase of that	146178
Institution.	146179

(2) The Governor is authorized to execute a deed in the name	146180
of the state conveying to the grantee, its successors and assigns,	146181
all of the right, title, and interest of the state in the Grafton	146182
Correctional Institution, in the City of Grafton, County of	146183
Lorain, State of Ohio, the land situated thereon, and any	146184
surrounding land, which totals approximately 148 acres.	146185

In preparing the deed, the Auditor of State, with the	146186
assistance of the Attorney General, shall develop a legal	146187
description of the property in conformity with the actual bounds	146188
of the real estate.	146189

(3) Consideration for conveyance of the real estate shall be	146190
set forth in the contract awarded to the grantee and shall be paid	146191
in accordance with the terms of the contract.	146192

(4)(a) The deed may contain any restriction that the Director	146193
of Administrative Services and the Director of Rehabilitation and	146194
Correction determine is reasonably necessary to protect the	146195
state's interest in neighboring state-owned land.	146196

(b) The deed also shall contain restrictions prohibiting the	146197
grantee from using, developing, or selling the real estate, or the	146198
correctional facility thereon, except in conformance with the	146199
restriction, or if the use, development, or sale will interfere	146200
with the quiet enjoyment of the neighboring state-owned land.	146201

(5) The real estate shall be sold as an entire tract and not	146202
in parcels.	146203

(6) Upon payment of the purchase price as set forth in the	146204
contract awarded to the grantee, the Auditor of State, with the	146205
assistance of the Attorney General, shall prepare a deed to the	146206
real estate. The deed shall state the consideration and	146207
restrictions and shall be executed by the Governor in the name of	146208
the state, countersigned by the Secretary of State, sealed with	146209
the Great Seal of the State, presented in the Office of the	146210
Auditor of State for recording, and delivered to the grantee. The	146211
grantee shall present the deed for recording in the Office of the	146212
Lorain County Recorder.	146213

(7) The grantee shall pay all costs associated with the	146214
purchase and conveyance of the real estate, including recordation	146215
costs of the deed.	146216

(8) The proceeds of the conveyance of the real estate shall	146217
be deposited into the state treasury to the credit of the Adult	146218
and Juvenile Correctional Facilities Bond Retirement Fund and	146219
shall be used to redeem or defease bonds in accordance with	146220
section 5120.092 of the Revised Code, and any remaining moneys	146221
after such redemption or defeasance shall be transferred in	146222
accordance with that section to the General Revenue Fund.	146223

(9) Division (D) of this section does not restrict the	146224
Department of Rehabilitation and Correction from contracting, not	146225
for the sale of, but only for the private operation and management	146226
of the Grafton Correctional Institution.	146227

(10) Division (D) of this section expires two years after its	146228
effective date.	146229

(E)(1) As used in division (E) of this section, "grantee"	146230
means an entity that has contracted under section 9.06 of the	146231
Revised Code to privately operate the North Coast Correctional	146232
Treatment Facility, if the contract includes the clauses described	146233
in division (B)(2) of this section for the purchase of that	146234
Facility.	146235

(2) The Governor is authorized to execute a deed in the name	146236
of the state conveying to the grantee, its successors and assigns,	146237
all of the right, title, and interest of the state in the North	146238
Coast Correctional Treatment Facility, in the City of Grafton,	146239
County of Lorain, State of Ohio, the land situated thereon, and	146240
any surrounding land, which totals approximately 171 acres.	146241

In preparing the deed, the Auditor of State, with the	146242
assistance of the Attorney General, shall develop a legal	146243
description of the property in conformity with the actual bounds	146244
of the real estate.	146245

(3) Consideration for conveyance of the real estate shall be	146246
set forth in the contract awarded to the grantee and shall be paid	146247
in accordance with the terms of the contract.	146248

(4)(a) The deed may contain any restriction that the Director	146249
of Administrative Services and the Director of Rehabilitation and	146250
Correction determine is reasonably necessary to protect the	146251
state's interest in neighboring state-owned land.	146252

(b) The deed also shall contain restrictions prohibiting the	146253
grantee from using, developing, or selling the real estate, or the	146254
correctional facility thereon, except in conformance with the	146255
restriction, or if the use, development, or sale will interfere	146256
with the quiet enjoyment of the neighboring state-owned land.	146257

(5) The real estate shall be sold as an entire tract and not	146258
in parcels.	146259

(6) Upon payment of the purchase price as set forth in the	146260
contract awarded to the grantee, the Auditor of State, with the	146261
assistance of the Attorney General, shall prepare a deed to the	146262
real estate. The deed shall state the consideration and	146263
restrictions and shall be executed by the Governor in the name of	146264
the state, countersigned by the Secretary of State, sealed with	146265
the Great Seal of the State, presented in the Office of the	146266
Auditor of State for recording, and delivered to the grantee. The	146267
grantee shall present the deed for recording in the Office of the	146268
Lorain County Recorder.	146269

(7) The grantee shall pay all costs associated with the	146270
purchase and conveyance of the real estate, including recordation	146271
costs of the deed.	146272

(8) The proceeds of the conveyance of the real estate shall	146273
be deposited into the state treasury to the credit of the Adult	146274
and Juvenile Correctional Facilities Bond Retirement Fund and	146275
shall be used to redeem or defease bonds in accordance with	146276
section 5120.092 of the Revised Code, and any remaining moneys	146277
after such redemption or defeasance shall be transferred in	146278
accordance with that section to the General Revenue Fund.	146279

(9) Division (E) of this section does not restrict the	146280
Department of Rehabilitation and Correction from contracting, not	146281
for the sale of, but only for the private operation and management	146282
of the North Coast Correctional Treatment Facility.	146283

(10) Division (E) of this section expires two years after its	146284
effective date.	146285

(F)(1) As used in division (F) of this section, "grantee"	146286
means an entity that has contracted under section 9.06 of the	146287
Revised Code to privately operate the North Central Correctional	146288
Institution, if the contract includes the clauses described in	146289
division (B)(2) of this section for the purchase of that	146290
Institution.	146291

(2) The Governor is authorized to execute a deed in the name	146292
of the state conveying to the grantee, its successors and assigns,	146293
all of the right, title, and interest of the state in the North	146294
Central Correctional Institution, in the City of Marion, County of	146295
Marion, State of Ohio, the land situated thereon, and any	146296
surrounding land, which totals approximately 152 acres.	146297

In preparing the deed, the Auditor of State, with the	146298
assistance of the Attorney General, shall develop a legal	146299
description of the property in conformity with the actual bounds	146300
of the real estate.	146301

(3) Consideration for conveyance of the real estate shall be	146302
set forth in the contract awarded to the grantee and shall be paid	146303
in accordance with the terms of the contract.	146304

(4)(a) The deed may contain any restriction that the Director	146305
of Administrative Services and the Director of Rehabilitation and	146306
Correction determine is reasonably necessary to protect the	146307
state's interest in neighboring state-owned land.	146308

(b) The deed also shall contain restrictions prohibiting the	146309
grantee from using, developing, or selling the real estate, or the	146310
correctional facility thereon, except in conformance with the	146311
restriction, or if the use, development, or sale will interfere	146312
with the quiet enjoyment of the neighboring state-owned land.	146313

(5) The real estate shall be sold as an entire tract and not	146314
in parcels.	146315

(6) Upon payment of the purchase price as set forth in the	146316
contract awarded to the grantee, the Auditor of State, with the	146317
assistance of the Attorney General, shall prepare a deed to the	146318
real estate. The deed shall state the consideration and	146319
restrictions and shall be executed by the Governor in the name of	146320
the state, countersigned by the Secretary of State, sealed with	146321
the Great Seal of the State, presented in the Office of the	146322
Auditor of State for recording, and delivered to the grantee. The	146323
grantee shall present the deed for recording in the Office of the	146324
Marion County Recorder.	146325

(7) The grantee shall pay all costs associated with the	146326
purchase and conveyance of the real estate, including recordation	146327
costs of the deed.	146328

(8) The proceeds of the conveyance of the real estate shall	146329
be deposited into the state treasury to the credit of the Adult	146330
and Juvenile Correctional Facilities Bond Retirement Fund and	146331
shall be used to redeem or defease bonds in accordance with	146332
section 5120.092 of the Revised Code, and any remaining moneys	146333
after such redemption or defeasance shall be transferred in	146334
accordance with that section to the General Revenue Fund.	146335

(9) Division (F) of this section does not restrict the	146336
Department of Rehabilitation and Correction from contracting, not	146337
for the sale of, but only for the private operation and management	146338
of the North Central Correctional Institution.	146339

(10) Division (F) of this section expires two years after its	146340
effective date.	146341

(G)(1)(a) As used in division (G) of this section, "grantee"	146342
means an entity that has contracted under section 9.06 of the	146343
Revised Code to privately operate a facility at the North Central	146344
Correctional Institution Camp, if the contract includes the	146345
clauses described in division (B)(2) of this section for the	146346
purchase of that facility.	146347

(b) Jurisdiction of the facility described in division	146348
(G)(1)(a) of this section, which is a vacated facility previously	146349
operated by the Department of Youth Services adjacent to the North	146350
Central Correctional Institution, is hereby transferred from the	146351
Department of Youth Services to the Department of Rehabilitation	146352
and Correction. The transfer of jurisdiction of that facility is	146353
hereby ratified and approved.	146354

(2) The Governor is authorized to execute a deed in the name	146355
of the state conveying to the grantee, its successors and assigns,	146356
all of the right, title, and interest of the state in the North	146357
Central Correctional Institution Camp, in the City of Marion,	146358
County of Marion, State of Ohio, the land situated thereon, and	146359
any surrounding land, which totals approximately 106 acres.	146360

In preparing the deed, the Auditor of State, with the	146361
assistance of the Attorney General, shall develop a legal	146362
description of the property in conformity with the actual bounds	146363
of the real estate.	146364

(3) Consideration for conveyance of the real estate shall be	146365
set forth in the contract awarded to the grantee and shall be paid	146366
in accordance with the terms of the contract.	146367

(4)(a) The deed may contain any restriction that the Director	146368
of Administrative Services and the Director of Rehabilitation and	146369
Correction determine is reasonably necessary to protect the	146370
state's interest in neighboring state-owned land.	146371

(b) The deed also shall contain restrictions prohibiting the	146372
grantee from using, developing, or selling the real estate, or the	146373
correctional facility thereon, except in conformance with the	146374
restriction, or if the use, development, or sale will interfere	146375
with the quiet enjoyment of the neighboring state-owned land.	146376

(5) The real estate shall be sold as an entire tract and not	146377
in parcels.	146378

(6) Upon payment of the purchase price as set forth in the	146379
contract awarded to the grantee, the Auditor of State, with the	146380
assistance of the Attorney General, shall prepare a deed to the	146381
real estate. The deed shall state the consideration and	146382
restrictions and shall be executed by the Governor in the name of	146383
the state, countersigned by the Secretary of State, sealed with	146384
the Great Seal of the State, presented in the Office of the	146385
Auditor of State for recording, and delivered to the grantee. The	146386
grantee shall present the deed for recording in the Office of the	146387
Marion County Recorder.	146388

(7) The grantee shall pay all costs associated with the	146389
purchase and conveyance of the real estate, including recordation	146390
costs of the deed.	146391

(8) The proceeds of the conveyance of the real estate shall	146392
be deposited into the state treasury to the credit of the Adult	146393
and Juvenile Correctional Facilities Bond Retirement Fund and	146394
shall be used to redeem or defease bonds in accordance with	146395
section 5120.092 of the Revised Code, and any remaining moneys	146396
after such redemption or defeasance shall be transferred in	146397
accordance with that section to the General Revenue Fund.	146398

(9) Division (G) of this section does not restrict the	146399
Department of Rehabilitation and Correction from contracting, not	146400
for the sale of, but only for the private operation and management	146401
of the North Central Correctional Institution Camp.	146402

(10) Division (G) of this section expires two years after its	146403
effective date.	146404

Section 753.20. (A) The Governor is authorized to execute a	146405
deed in the name of the state conveying to the Ripley Union Lewis	146406
Huntington School District, its successors and assigns, all of the	146407
state's right, title, and interest in the following described real	146408
estate:	146409

I	146410

Starting at a 5/8" iron pin found on the southerly	146411
right-of-way line of Outer Drive, the northeasterly line of Edward	146412
and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	146413
northwesterly corner of L.J. Germann's Addition as recorded in	146414
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	146415
Recorder's Office;	146416

Thence with the southerly right-of-way line of said Outer	146417
Drive and with the northerly line of said Farnbach and Pfeffer for	146418
the next four (4) courses;	146419

South 63 degrees 34 minutes 18 seconds West a distance of	146420
24.20 feet;	146421

South 79 degrees 33 minutes 23 seconds West a distance of	146422
92.60 feet;	146423

South 75 degrees 58 minutes 20 seconds West a distance of	146424
347.02 feet;	146425

South 84 degrees 53 minutes 30 seconds West a distance of	146426
10.54 feet;	146427

Thence with a line through the land of said Farnbach and	146428
Pfeffer for the next two (2) courses:	146429

South 21 degrees 11 minutes 23 seconds West a distance of	146430
43.58 feet;	146431

South 0 degrees 25 minutes 20 seconds West a distance of	146432
586.49 feet to a point on the southerly line of said Farnbach and	146433
Pfeffer and on the northerly line of Michael Ray Schwallie;	146434

Thence with a line through the land of said Schwallie for the	146435
next two (2) courses:	146436

South 0 degrees 25 minutes 20 seconds West a distance of	146437
227.62 feet;	146438

South 35 degrees 47 minutes 10 seconds East a distance of	146439
523.46 feet to a point on the southerly line of said Schwallie and	146440
on the northerly line of the State of Ohio;	146441

Thence with a line through the land of said State of Ohio	146442
three (3) courses:	146443

South 35 degrees 47 minutes 10 seconds East a distance of	146444
29.17 feet;	146445

South 6 degrees 22 minutes 58 seconds West a distance of	146446
29.21 feet;	146447

South 51 degrees 22 minutes 58 seconds West a distance of	146448
583.46 feet and the true point of beginning;	146449

Thence from said true point of beginning and through the land	146450
of said State of Ohio for the next five (5) courses:	146451

On a curve to the left having a radius of 300.00 feet, an	146452
interior angle of 37 degrees 00 minutes 54 seconds, an arc length	146453
of 193.81 feet, a chord bearing of South 76 degrees 58 minutes 37	146454
seconds East for a chord length of 190.46 feet;	146455

South 58 degrees 28 minutes 11 seconds East a distance of	146456
284.98 feet;	146457

On a curve to the left having a radius of 300.00 feet, an	146458
interior angle of 180 degrees 00 minutes 00 seconds, an arc length	146459
of 942.48 feet, a chord bearing of South 31 degrees 31 minutes 49	146460
seconds West for a chord length of 600.00 feet;	146461

North 58 degrees 28 minutes 11 seconds West a distance of	146462
284.98 feet;	146463

On a curve to the right having a radius of 300.00 feet, an	146464
interior angle of 142 degrees 59 minutes 08 seconds, an arc length	146465
of 748.67 feet, a chord bearing of North 13 degrees 01 minutes 23	146466
seconds East for a chord length of 568.97 feet and CONTAINING	146467
3.925 Acres	146468

This description was prepared by Christopher S. Renshaw,	146469
P.S., Ohio Registration No. 8319 on 16 October 2009.	146470

II	146471

Starting at 5/8" iron pin found on the southerly right-of-way	146472
line of Outer Drive, the northeasterly corner of Edward and Eva K.	146473
Farnbach and Michael S. Pfeffer, Trustee at the northwesterly	146474
corner of L.J. Germann's Addition as recorded in Plat Book C-3,	146475
page 204, slide 213 in the Brown County, Ohio Recorder's Office;	146476

Thence with the southerly right-of-way line of Outer Drive	146477
and with the northerly line of Edward and Eva K. Farnbach, etal	146478
for the next three (3) courses:	146479

South 63 degrees 34 minutes 18 seconds West a distance of	146480
24.20 feet;	146481

South 79 degrees 33 minutes 23 seconds West a distance of	146482
92.60 feet;	146483

South 75 degrees 58 minutes 20 seconds West a distance of	146484
340.45 feet;	146485

Thence through the land of said Farnbach for the next two (2)	146486
courses:	146487

South 21 degrees 11 minutes 23 seconds West a distance of	146488
49.42 feet;	146489

South 0 degrees 25 minutes 20 seconds West a distance of	146490
571.70 feet to a point on the southerly line of said Farnbach and	146491
on the northerly line of Michael Ray Schwallie;	146492

Thence through the land of said Schwallie for the next two	146493
(2) courses:	146494

South 0 degrees 25 minutes 20 seconds West a distance of	146495
234.76 feet;	146496

South 35 degrees 47 minutes 10 seconds East a distance of	146497
518.08 feet to a point on the southerly line of said Schwallie and	146498
on the northerly line of the State of Ohio and the true point of	146499
beginning; said point being on the easterly line of said real	146500
estate;	146501

Thence from said the true point of beginning and with a line	146502
through the land of said State of Ohio seven (7) courses:	146503

South 35 degrees 47 minutes 10 seconds East a distance of	146504
35.43 feet;	146505

South 6 degrees 22 minutes 58 seconds West a distance of	146506
41.21 feet;	146507

South 51 degrees 22 minutes 58 seconds West a distance of	146508
568.72 feet;	146509

On a curve to the left having a radius of 300.00 feet, an	146510
interior angle of 20 degrees 37 minutes 27 seconds, an arc length	146511
of 107.99 feet, a chord bearing of South 79 degrees 07 minutes 37	146512
seconds West for a chord length of 107.41 feet;	146513

North 51 degrees 22 minutes 58 seconds East a distance of	146514
643.06 feet;	146515

North 6 degrees 22 minutes 57 seconds East a distance of 1.22	146516
feet;	146517

North 35 degrees 47 minutes 10 seconds West a distance of	146518
14.58 feet to a point on the southerly line of said Schwallie and	146519
on the northerly line of said State of Ohio;	146520

Thence with the southerly line of said Schwallie and on the	146521
northerly line of said State of Ohio North 52 degrees 24 minutes	146522
43 seconds East a distance of 50.02 feet to the place of beginning	146523
and CONTAINING 0.740 Acres.	146524

This description was prepared by Christopher S. Renshaw,	146525
P.S., Ohio Registration No. 8319 on 16 October 2009.	146526

III	146527

Starting at a 5/8" iron pin found on the southerly	146528
right-of-way line of Outer Drive, the northeasterly corner of	146529
Edward and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the	146530
northwesterly corner of L.J. Germann's Addition as recorded in	146531
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio	146532
Recorder's Office;	146533

Thence with the southerly right-of-way line of said Outer	146534
Drive and with the northerly line of said Farnbach and Pfeffer for	146535
the next four (4) courses:	146536

South 63 degrees 34 minutes 18 seconds West a distance of	146537
24.20 feet;	146538

South 79 degrees 33 minutes 23 seconds West a distance of	146539
92.60 feet;	146540

South 75 degrees 58 minutes 20 seconds West a distance of	146541
347.02 feet;	146542

South 84 degrees 53 minutes 30 seconds West a distance of	146543
10.54 feet;	146544

Thence with a line through the land of said Farnbach and	146545
Pfeffer for the next two (2) courses:	146546

South 21 degrees 11 minutes 23 seconds West a distance of	146547
43.58 feet;	146548

South 0 degrees 25 minutes 20 seconds West a distance of	146549
586.49 feet to a point on the southerly line of said Farnbach	146550
Pfeffer and on the northerly line of Michael Ray Schwallie;	146551

Thence with a line through the land of said Schwallie for the	146552
next two (2) courses:	146553

South 0 degrees 25 minutes 20 seconds West a distance of	146554
227.62 feet;	146555

South 35 degrees 47 minutes 10 seconds East a distance of	146556
523.46 feet to a point on the southerly line of said Schwallie and	146557
on the northerly line of the State of Ohio and the true point of	146558
beginning, said beginning point being on the easterly line of said	146559
real estate;	146560

Thence from said the true point of beginning and with a line	146561
through the land of said State of Ohio seven (7) courses:	146562

South 35 degrees 47 minutes 10 seconds East a distance of	146563
29.17 feet;	146564

South 6 degrees 22 minutes 58 seconds West a distance of	146565
29.21 feet;	146566

South 51 degrees 22 minutes 58 seconds West a distance of	146567
583.46 feet;	146568

On a curve to the left having a radius of 300.00 feet, an	146569
interior angle of 7 degrees 49 minutes 53 seconds, an arc length	146570
of 41.01 feet, a chord bearing of South 80 degrees 35 minutes 59	146571
seconds West for a chord length of 40.97 feet;	146572

North 51 degrees 22 minutes 58 seconds East a distance of	146573
610.94 feet;	146574

North 6 degrees 22 minutes 58 seconds East a distance of	146575
13.22 feet;	146576

North 35 degrees 47 minutes 10 seconds West a distance of	146577
20.83 feet to a point on the southerly line of said Schwallie and	146578
on the northerly line of said State of Ohio;	146579

Thence with the southerly line of said Schwallie and on the	146580
northerly line of said State of Ohio North 52 degrees 24 minutes	146581
43 seconds East a distance of 20.01 feet to the place of beginning	146582
and CONTAINING 0.295 Acres.	146583

This description was prepared by Christopher S. Renshaw,	146584
P.S., Ohio Registration No. 8319 on 16 October 2009.	146585

IV	146586

Starting at a spike found in the centerline of U.S. Route No.	146587
52, 62 & 68, at the southeasterly corner of Surgical Appliance	146588
Industries, Inc.'s 2.00 Acre tract as recorded in Deed Book 164,	146589
page 778 in the Brown County, Ohio Recorder's Office;	146590

Thence with the line of said Surgical Appliance Industries,	146591
Inc. South 52 degrees 38 minutes 52 seconds West a distance of	146592
80.00 feet to a point on the on the southerly right-of-way line of	146593
said U.S. Route No. 52, 62 & 68;	146594

Thence with the southerly right-of-way line of said U.S.	146595
Route No. 52, 62 & 68 South 36 degrees 23 minutes 01 seconds East	146596
a distance of 19.72 feet to the true point of beginning;	146597

South 52 degrees 41 minutes 03 seconds West a distance of	146598
260.37 feet;	146599

South 49 degrees 59 minutes 41 seconds West a distance of	146600
179.65 feet;	146601

On a curve to the left having a radius of 200.00 feet, an	146602
interior angle of 43 degrees 45 minutes 50 seconds, an arc length	146603
of 152.76 feet, a chord bearing of South 28 degrees 06 minutes 46	146604
seconds West for a chord length of 149.08 feet;	146605

South 6 degrees 13 minutes 51 seconds West a distance of	146606
204.40 feet;	146607

On a curve to the left having a radius of 100.00 feet, an	146608
interior angle of 44 degrees 44 minutes 55 seconds, an arc length	146609
of 78.10 feet, a chord bearing of South 16 degrees 08 minutes 36	146610
seconds East for a chord length of 76.13 feet;	146611

South 38 degrees 31 minutes 04 seconds East a distance of	146612
266.21 feet;	146613

On a curve to the left having a radius of 50.00 feet, an	146614
interior angle of 53 degrees 35 minutes 34 seconds, an arc length	146615
of 46.77 feet, a chord bearing of South 65 degrees 18 minutes 51	146616
seconds East for a chord length of 45.08 feet;	146617

North 87 degrees 53 minutes 23 seconds East a distance of	146618
6.15 feet;	146619

On a curve to the right having a radius of 12.50 feet, an	146620
interior angle of 143 degrees 13 minutes 01 seconds, an arc length	146621
of 31.25 feet, a chord bearing of South 20 degrees 30 minutes 07	146622
seconds East for a chord length of 23.72;	146623

South 51 degrees 40 minutes 10 seconds West a distance of	146624
345.58 feet;	146625

On a curve to the left having a radius of 125.00 feet, an	146626
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	146627
of 95.03 feet, a chord bearing of South 29 degrees 53 minutes 28	146628
seconds West for a chord length of 92.75 feet;	146629

South 8 degrees 06 minutes 45 seconds West a distance of	146630
65.53 feet;	146631

On a curve to the right have a radius of 63.00 feet, an	146632
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	146633
of 100.95 feet, a chord bearing of South 54 degrees 01 minutes 04	146634
seconds West for a chord length of 90.49 feet;	146635

North 80 degrees 04 minutes 37 seconds West a distance of	146636
579.25 feet;	146637

On a curve to the right having a radius of 150.00 feet, an	146638
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	146639
of 68.95 feet, a chord bearing of North 66 degrees 54 minutes 29	146640
seconds West for a chord length of 68.35 feet;	146641

North 53 degrees 44 minutes 21 seconds West a distance of	146642
229.52 feet;	146643

North 46 degrees 10 minutes 36 seconds West a distance of	146644
25.00 feet;	146645

North 52 degrees 49 minutes 16 seconds West a distance of	146646
55.12 feet;	146647

On a curve to the left having a radius of 205.00 feet, an	146648
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	146649
of 271.19 feet, a chord bearing of South 89 degrees 16 minutes 52	146650
seconds West for a chord length of 251.85 feet;	146651

South 51 degrees 22 minutes 58 seconds West a distance of	146652
139.29 feet;	146653

On a curve to the left having a radius of 55.00 feet, an	146654
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	146655
of 100.83 feet, a chord bearing of South 01 degrees 08 minutes 03	146656
seconds East for a chord length of 87.29 feet;	146657

South 53 degrees 39 minutes 03 seconds East a distance of	146658
447.62 feet;	146659

North 53 degrees 39 minutes 03 seconds West a distance of	146660
447.62 feet;	146661

On a curve to the right having a radius of 55.00 feet, an	146662
interior angle of 105 degrees 02 minutes 01 seconds, an arc length	146663
of 100.83 feet, a chord bearing of North 01 degrees 08 minutes 03	146664
seconds West for a chord length of 87.29 feet;	146665

North 51 degrees 22 minutes 58 seconds East a distance of	146666
139.29 feet;	146667

On a curve to the right having a radius of 205.00 feet, an	146668
interior angle of 75 degrees 47 minutes 45 seconds, an arc length	146669
of 271.19 feet, a chord bearing of North 89 degrees 16 minutes 52	146670
seconds East for a chord length of 251.85 feet;	146671

South 52 degrees 49 minutes 16 seconds East a distance of	146672
55.12 feet;	146673

South 46 degrees 10 minutes 36 seconds East a distance of	146674
25.00 feet;	146675

South 53 degrees 44 minutes 21 seconds East a distance of	146676
229.52 feet;	146677

On a curve to the left having a radius of 150.00 feet, an	146678
interior angle of 26 degrees 20 minutes 16 seconds, an arc length	146679
of 68.95 feet, a chord bearing of South 66 degrees 54 minutes 29	146680
seconds East for a chord length of 68.35 feet;	146681

South 80 degrees 04 minutes 37 seconds East a distance of	146682
579.25 feet;	146683

On a curve to the left having a radius of 63.00 feet, an	146684
interior angle of 91 degrees 48 minutes 38 seconds, an arc length	146685
of 100.95 feet, a chord bearing of North 54 degrees 01 minutes 04	146686
seconds East for a chord length of 90.49 feet;	146687

North 8 degrees 06 minutes 45 seconds East a distance of	146688
65.53 feet;	146689

On a curve to the right having a radius of 125.00 feet, an	146690
interior angle of 43 degrees 33 minutes 25 seconds, an arc length	146691
of 95.03 feet, a chord bearing of North 29 degrees 53 minutes 28	146692
seconds East for a chord length of 92.75 feet;	146693

North 51 degrees 40 minutes 10 seconds East a distance of	146694
345.58 feet;	146695

North 51 degrees 06 minutes 24 seconds East a distance of	146696
242.53 feet;	146697

On a curve to the left having a radius of 75.00 feet, an	146698
interior angle of 89 degrees 40 minutes 16 seconds, an arc length	146699
of 117.38 feet, a chord bearing of North 06 degrees 16 minutes 16	146700
seconds East for a chord length of 105.76 feet;	146701

North 38 degrees 33 minutes 52 seconds West a distance of	146702
100.75 feet;	146703

North 53 degrees 36 minutes 14 seconds East a distance of	146704
396.32 feet.	146705

This description was prepared by Christopher S. Renshaw,	146706
P.S., Ohio Registration No. 8319 on 16 October 2009.	146707

(B) Consideration for conveyance of the real estate is the	146708
mutual benefit accruing to the state and the Ripley Union Lewis	146709
Huntington School District from the use of the real estate so that	146710
a water well may be constructed and operated.	146711

(C) The Ripley Union Lewis Huntington School District shall	146712
use the real estate to construct and operate a water well. If the	146713
Ripley Union Lewis Huntington School District ceases to use the	146714
real estate to construct and operate a water well, all right,	146715
title, and interest in the real estate immediately reverts to the	146716
state without the need for any further action by the state.	146717

(D) The Ripley Union Lewis Huntington School District shall	146718
pay the costs of the conveyance.	146719

(E) Within thirty days after the effective date of this	146720
section, the Auditor of State, with the assistance of the Attorney	146721
General, shall prepare a deed to the real estate. The deed shall	146722
state the consideration and the condition. The deed shall be	146723
executed by the Governor in the name of the state, countersigned	146724
by the Secretary of State, sealed with the Great Seal of the	146725
State, presented in the office of the Auditor of State for	146726
recording, and delivered to the Ripley Union Lewis Huntington	146727
School District. The Ripley Union Lewis Huntington School District	146728
shall present the deed for recording in the office of the Brown	146729
County Recorder.	146730

(F) This section expires one year after its effective date.

146731

Section 753.23. (A) The Governor is authorized to execute a	146732
deed in the name of the state (Kent State University) conveying to	146733
the Board of Township Trustees of Jackson Township in Stark County	146734
and its successors and assigns all of the state's right, title,	146735
and interest in the following described real estate:	146736

Known as and being a part of the Southeast and Southwest	146737
Quarters of Section 13, Township 11 (Jackson) R-9, County of	146738
Stark, State of Ohio. Also being a part of tracts of land conveyed	146739
to the state of Ohio as recorded in Deed Volume 3109, Page 573 of	146740
the records of Stark County and being more fully bounded and	146741
described as follows:	146742

Commencing at a hex head iron bar in a monument box (JAC	146743
080), being the southeast corner of said Southwest Quarter of	146744
Section 13 and also being an angle point on the centerline of	146745
Dressler Road (C.R. 224) (Variable Width) as recorded in file 106	146746
of the Stark County Engineers Office;	146747

Thence, along the centerline of Dressler Road, N 1803'31" E a	146748
distance of 223.09 feet to the True Place of beginning for the	146749
parcel herein described;	146750

1. Thence N 56°56'23" W a distance of 241.46 feet to a 5/8"	146751
rebar set, said line passes over a 5/8" rebar set at 41.41 feet;	146752

2. Thence N 01°44'30" W a distance of 230.40 feet to a 5/8"	146753
rebar set;	146754

3. Thence N 67°27'21" E a distance of 150.00 feet to a 5/8"	146755
rebar set;	146756

4. Thence S 63°25'06" E a distance of 199.60 feet to a point	146757
in the centerline of Dressler Road, said line passes over a 5/8"	146758
rebar set at 159.15 feet;	146759

5. Thence, along the centerline of Dressler Road, S 18°03'31"	146760
W a distance of 347.32 feet to the true place of beginning and	146761
containing 2.025 acres of land, more or less of which 0.970 acres	146762
are located in the Southeast Quarter of Section 13 and 1.055 acres	146763
are located in the Southwest Quarter of Section 13.	146764

The above described area is contained within the Stark County	146765
Auditor's Permanent Parcel Numbers 1680061 and 1680066.	146766

The basis of bearings in this description is based on the	146767
Ohio North Zone, State Plane Coordinates NAD 83 (86).	146768

The statement of "5/8" rebar Set" refers to a 5/8" x 30" Dia.	146769
Rebar set with a plastic i.d. cap stamped "SCE".	146770

This description was prepared and reviewed by Daniel J.	146771
Houck, Professional Surveyor No. 7851 in March of 2010, of the	146772
Stark County Engineer's Office. This description is based on a	146773
survey made by the Stark County Engineer's Office in March of	146774
2010, under the direction and supervision of Keith A. Bennett,	146775
Professional Surveyor No. 7615. (Attachment A)	146776

(B) Consideration for conveyance of the real estate is the	146777
mutual benefit accruing to the state from Jackson Township's use	146778
of the real estate for a fire station.	146779

(C) If the use of the real estate as a fire station is	146780
discontinued, the real estate reverts to Kent State University,	146781
and Jackson Township shall raze the building currently on the real	146782
estate and remove from the real estate any contaminants relating	146783
to the building's use as a fire station.	146784

(D) The Board of Township Trustees of Jackson Township in	146785
Stark County shall pay the costs of the conveyance.	146786

(E) The Auditor of State, with the assistance of the Attorney	146787
General, shall prepare a deed to the real estate. The deed shall	146788
state the consideration and the reverter. The deed shall be	146789
executed by the Governor in the name of the state, countersigned	146790
by the Secretary of State, sealed with the Great Seal of the	146791
State, presented in the Office of the Auditor of State for	146792
recording, and delivered to the Board of Township Trustees of	146793
Jackson Township in Stark County. The Board of Township Trustees	146794
of Jackson Township in Stark County shall present the deed for	146795
recording in the Office of the Stark County Recorder.	146796

(F) This section expires one year after its effective date.

146797

Section 753.25. (A) The Governor is authorized to execute a	146798
deed in the name of the state conveying to the Board of County	146799
Hospital Trustees of The MetroHealth System ("MetroHealth"), in	146800
the name of the County of Cuyahoga, State of Ohio, its successors	146801
and assigns, all of the state's right, title, and interest in the	146802
following listed parcels of real estate located in the County of	146803
Cuyahoga, State of Ohio: 00821- 008, 00821-009, 00821-010,	146804
00821-011, 00821-012, 00821-013, 00821-014, 00821-015, 00821-016,	146805
and 00821-017.	146806

In preparing the deed, the Auditor of State, with the	146807
assistance of the Attorney General, shall develop a legal	146808
description of the real estate in conformity with the actual	146809
bounds of the real estate.	146810

(B) Consideration for conveyance of the real estate shall be	146811
ten dollars.	146812

(C) The state shall convey the real estate described in	146813
division (A) of this section together with the building situated	146814
upon it, along with the amount of $3,400,000 to demolish the	146815
building. Notwithstanding any provision of law to the contrary,	146816
the Director of Mental Health shall disburse $3,400,000 from	146817
appropriation item C58010, Campus Consolidation, as set forth in	146818
Sub. H.B. 462 of the 128th General Assembly, to the grantee within	146819
thirty days after the conveyance of the real estate. After the	146820
disbursement, the state shall, within four months, complete a	146821
physical inventory of assets, relocate assets that are to be	146822
removed from the building, and itemize assets that are to remain	146823
with the transferred real estate and building.	146824

(D) The real estate described in division (A) of this section	146825
shall be sold as an entire tract and not in parcels.	146826

(E) The grantee shall pay all costs associated with the	146827
purchase and conveyance of the real estate, including costs of any	146828
surveys and recordation costs of the deed.	146829

(F) The grantee shall not, during any period that any bonds	146830
issued by the state to finance or refinance all or a portion of	146831
the real estate described in division (A) of this section are	146832
outstanding, use any portion of the real estate for a private	146833
business use without the prior written consent of the state. As	146834
used in this division:	146835

(1) "Private business use" means use, directly or indirectly,	146836
in a trade or business carried on by any private person other than	146837
use as a member of, and on the same basis as, the general public.	146838
Any activity carried on by a private person who is not a natural	146839
person shall be presumed to be a trade or business.	146840

(2) "Private person" means any natural person or any	146841
artificial person, including a corporation, partnership, limited	146842
liability company, trust, or other entity and including the United	146843
States or any agency or instrumentality of the United States, but	146844
excluding any state, territory, or possession of the United	146845
States, the District of Columbia, or any political subdivision	146846
thereof that is referred to as a "state or local governmental	146847
unit" in Treasury Regulation 1.103-1(a) and any person that is	146848
acting solely and directly as an officer or employee of or on	146849
behalf of such a governmental unit.	146850

(G) The grantee shall not sell, convey, or transfer ownership	146851
of the real estate described in division (A) of this section	146852
before December 1, 2019, or before receiving written confirmation	146853
from the state that all of the state's bonded capital indebtedness	146854
associated with any of the buildings located on the real estate	146855
has been fully satisfied.	146856

(H) The Auditor of State, with the assistance of the Attorney	146857
General, shall prepare a deed to the real estate. The deed shall	146858
state the consideration and the conditions and restrictions and	146859
shall be executed by the Governor in the name of the state,	146860
countersigned by the Secretary of State, sealed with the Great	146861
Seal of the State, presented in the Office of the Auditor of State	146862
for recording, and delivered to the grantee. The grantee shall	146863
present the deed for recording in the Office of the Cuyahoga	146864
County Recorder.	146865

(I) This section expires one year after its effective date.

146866

Section 753.27. (A) The Governor is authorized to execute a	146867
deed in the name of the state, on behalf of Cleveland State	146868
University, conveying to a purchaser as yet to be determined	146869
(hereinafter the "grantee"), its heirs and assigns or its	146870
successors and assigns, all of the state's right, title, and	146871
interest in the real estate located at 21425 Shelburne Road, City	146872
of Shaker Heights, County of Cuyahoga, State of Ohio, such real	146873
estate consisting of the building formerly used as the residence	146874
for the President of Cleveland State University, and the land on	146875
which it is situated.	146876

(B) In preparing the deed, the Auditor of State, with the	146877
assistance of the Attorney General, shall develop a legal	146878
description of the real estate in conformity with the actual	146879
bounds of the real estate.	146880

(C) Consideration for conveyance of the real estate shall be	146881
as is agreed upon by Cleveland State University and the grantee.	146882

(D) The deed may contain any condition or restriction that	146883
the Governor or Cleveland State University determines is	146884
reasonably necessary to protect the state's interests.	146885

(E) The grantee shall pay all costs associated with the	146886
conveyance, including recordation costs of the deed.	146887

(F) Upon payment of the purchase price, the Auditor of State,	146888
with the assistance of the Attorney General, shall prepare a deed	146889
to the real estate. The deed shall state the consideration and any	146890
conditions or restrictions and shall be executed by the Governor	146891
in the name of the state, countersigned by the Secretary of State,	146892
sealed with the Great Seal of the State, presented in the Office	146893
of the Auditor of State for recording, and delivered to the	146894
grantee. The grantee shall present the deed for recording in the	146895
Office of the Cuyahoga County Recorder.	146896

(G) This section expires one year after its effective date.

146897

Section 753.30. (A) The Governor is authorized to execute a	146898
deed in the name of the state conveying to a buyer or buyers to be	146899
determined in the manner provided in division (B) of this section	146900
all of the state's right, title, and interest in real estate	146901
situated in the Township of Green, County of Scioto, and State of	146902
Ohio that the Director of Administrative Services determines is no	146903
longer required for state purposes and more particularly described	146904
as follows:	146905

Being part of French Grant Lots 15 and 16 and being part of	146906
Site No. 5 and part of Site No. 6 of the Greater Portsmouth Area	146907
Industrial Park Subdivision and being part of the Greater	146908
Portsmouth Growth Corporation parcel as recorded in Volume 658 at	146909
Page 489 among the land records of Scioto County, Ohio, and	146910
beginning at a 1" diameter iron pipe with cap set in the east	146911
right-of-way line of Old U.S. 52 County Road No. 1, said point	146912
being, North 10° 49' 47" West, 391.16 feet from a concrete	146913
monument found marking the northwest corner of the Ohio Power	146914
Company parcel as recorded in Volume 719 at Page 227 among the	146915
said land records of Scioto County, Ohio;	146916

Thence with the said east right-of-way line of Old U.S. 52	146917
County Road No. 1, North 10° 49' 47" West 810.88 feet to a 1"	146918
diameter iron pipe with cap set;	146919

Thence through the said Greater Portsmouth Growth Corporation	146920
parcel, North 66°38' 51" East, 1039.14 feet to a 1" diameter iron	146921
pipe with cap set in the west right-of-way line of the Norfolk &	146922
Southern Railroad;	146923

Thence with the said west right-of-way line of the Norfolk &	146924
Southern Railroad, South 29° 36' 10" East, passing a 1" diameter	146925
iron pipe with cap set at 1414.00 feet, a total distance of	146926
1415.00 feet to a 30" diameter oak marking the northeast corner of	146927
Plymouth Heights No. 1 as recorded in Plat Book 4 at Page 6 among	146928
the said land records of Scioto County, Ohio;	146929

Thence with the north line of the said Plymouth Heights No.	146930
1, South 66° 38' 51" West, passing a 1" diameter iron pipe with	146931
cap set at 3.00 feet, a total distance of 1170.02 feet to a 1"	146932
diameter iron pipe with cap set marking the southeast corner of	146933
the said Ohio Power Company parcel;	146934

Thence with the east line of the said Ohio Power Company	146935
parcel and through the said Greater Portsmouth Growth Corporation	146936
parcel, North 23° 21' 09" West, passing the northeast corner of	146937
the said Ohio Power Company parcel at 233.14 feet, a total	146938
distance of 615.00 feet to a 1" diameter iron pipe with cap set;	146939

Thence continuing through the said Greater Portsmouth Growth	146940
Corporation parcel, South 66° 38' 51" West, 199.00 feet to the	146941
point of beginning. Containing a total of 37.312 acres of land of	146942
which 27.628 acres lies within Site No, 5 of the said Greater	146943
Portsmouth Area Industrial Park Subdivision and 9.684 acres lies	146944
within Site No. 6 of said Greater Portsmouth Area Industrial Park	146945
Subdivision.	146946

Subject to all legal easements.

146947

Bearings oriented to State Plane Coordinates.

146948

Excepting from the above described 37.312 acre parcel the	146949
following 1.148 acre City of Portsmouth parcel.	146950

Situate in the Township of Green, County of Scioto, State of	146951
Ohio, and being a part of a 37.312 acre parcel of land conveyed to	146952
the State of Ohio, by and through the Department of Administrative	146953
Services for the use of the Department of Youth Services, by deed	146954
of record in Deed Book 875, Page 128, this and all subsequent deed	146955
and plat references made being to the records of the Recorder's	146956
Office, Scioto County, Ohio, and being more particularly described	146957
as follows:	146958

Beginning at an iron pin called for and found at the	146959
southerly corner of the aforementioned 37.312 acre parcel, said	146960
iron pin also being the easterly corner of a parcel of land	146961
conveyed to the Ohio Power Company in Deed Book 719, Page 227, and	146962
said iron pin in the northerly line of the Plymouth Heights No. I	146963
Subdivision, of record in Plat Book 4, Page 6, being the true	146964
point of beginning of the proposed water storage, tank site being	146965
described;	146966

Thence, North 23º 21' 09" West, with the westerly line of the	146967
said 37.312 acre parcel, and the easterly line of the Ohio Power	146968
Company, and the easterly line of a 2.116 acre parcel conveyed to	146969
Mike Holtzapfel in Deed Book 905, Page 244, a distance of 258.14	146970
feet to an iron pin set, passing a concrete monument called for	146971
but not found at the northeasterly corner of the Ohio Power	146972
Company, and the southeasterly corner of Holtzapfel, at 233.14	146973
feet;	146974

Thence, North 66° 38' 51"East, leaving the said westerly	146975
line, a distance of 193.69 feet to an iron pin set;	146976

Thence, South 23° 21' 09" East a distance of 258.14 feet to	146977
an iron pin set in the southerly line of the said 37.312 acre	146978
parcel, and the northerly line of the Plymouth Heights No. 1	146979
Subdivision;	146980

Thence, South 66° 38' 51" West, with the southerly line of	146981
the said 37.312 acre parcel, and the northerly line of said	146982
Plymouth Heights No. 1, a distance of 193.69 feet to the true	146983
point of beginningof the parcel being described. The parcel, as	146984
described above,contains 1.148 acres, more or less, of which the	146985
southerly fifty feet, or 0.222 acres is an Ohio Power Company	146986
easement, of record inDeed Book 719, Page 229.	146987

Iron pins set are five eighthsinch diameter rebar, thirty	146988
inches long, set flush to the surface with yellow identification	146989
caps. The basis for bearing isthe southerly line of the said	146990
37.312 acre parcel, which bearsSouth 66' 38' 51"West.	146991

The abovedescription was prepared by Roger M.Smith, P.S.,	146992
P.E., Ohio Registered Surveyor, S-6899.	146993

This description may be modified to a final form if	146994
modifications are needed.	146995

The real property described above is conveyed subject to all	146996
easements, covenants, conditions, and restrictions of record; all	146997
legal highways; zoning, building and other laws, ordinances, and	146998
regulations; and real estate taxes and assessments not yet due and	146999
payable.	147000

(B) The Director of Administrative Services shall offer the	147001
real estate, improvements and chattels located on the parcel	147002
described in division (A) of this section for sale "as is" in its	147003
present condition according to the following process:	147004

The real estate described in division (A) of this section	147005
shall be sold as an entire parcel and not subdivided.	147006

The Director of Administrative Services shall conduct a	147007
sealed bid sale and the real estate shall be sold to the highest	147008
bidder at a price acceptable to both the Director of	147009
Administrative Services and the Director of Youth Services.	147010

The contract for sale shall include a condition that requires	147011
the purchaser to provide preferential hiring treatment to	147012
employees or former employees of the Department of Youth Services	147013
in order to retain or rehire staff displaced as a result of the	147014
closure of the facility located on the property, to the extent the	147015
purchaser's use of the facility requires employees in the same or	147016
similar positions as those displaced as a result of the closure.	147017

The contract for sale also shall include a binding commitment	147018
that does all of the following:	147019

(1) Provides that, before the contractor, or the contractor's	147020
successor in title, may resell or otherwise transfer the facility	147021
and the real property on which it is situated, any surrounding	147022
land that is to be transferred under the contract, or both the	147023
facility and real property on which it is situated plus the	147024
surrounding land that is to be transferred under the contract, the	147025
contractor or successor first must offer the state the opportunity	147026
to repurchase the facility, real property, and surrounding land	147027
that is to be resold or transferred for a price not greater than	147028
the purchase price paid to the state for that facility, real	147029
property, or surrounding land, less depreciation from the time of	147030
the conveyance of that facility, real property, or surrounding	147031
land to the contractor, plus the depreciated value of any capital	147032
improvements to that facility, real property, or surrounding land	147033
that were made to it and funded by anyone other than the state	147034
subsequent to the conveyance to the contractor;	147035

(2) Specifies that the opportunity described in division	147036
(B)(2) of this section must be offered to the state at least one	147037
hundred twenty days before the contractor intends to resell or	147038
otherwise transfer the facility, real property, or surrounding	147039
land that is to be resold or transferred;	147040

(3) Irrevocably grants to the state the right to repurchase	147041
the facility, real property, and surrounding land that is to be	147042
resold or otherwise transferred for the price described in	147043
division (B)(2) of this section.	147044

The Director of Administrative Services shall advertise the	147045
sealed bid sale in a newspaper of general circulation within	147046
Scioto County once a week for three consecutive weeks prior to the	147047
date of the sealed bid sale. The Director of Administrative	147048
Services may reject any and all bids from the sealed bid sale. The	147049
terms of sale shall be ten per cent of the purchase price in cash,	147050
bank draft, or certified check payable within five business days	147051
following written notification of the acceptance of the bid by the	147052
Director of Administrative Services, with the balance payable	147053
within sixty days after the date of the written notification of	147054
the acceptance of the bid by the Director of Administrative	147055
Services. A purchaser who does not complete the conditions of the	147056
sale as prescribed in this division shall forfeit the ten per cent	147057
of the purchase price paid to the state as liquidated damages.	147058
Should a purchaser not complete the conditions of sale as	147059
described in this division, the Director of Administrative	147060
Services is authorized to accept the next highest bid by	147061
collecting ten per cent of the revised purchase price from that	147062
bidder and to proceed to close the sale, provided that the	147063
secondary bid meets all other criteria provided for in this	147064
section. If the Director of Administrative Services rejects all	147065
bids from the sealed bid sale, the Director may repeat the sealed	147066
bid process described in this section or may use an alternate sale	147067
process acceptable to the Director of Youth Services.	147068

Advertising costs and any other costs incident to the sale of	147069
real estate described in division (A) of this section shall be	147070
paid by the Department of Youth Services.	147071

Upon notice from the Director of Administrative Services, the	147072
Auditor of State, with the assistance of the Attorney General,	147073
shall prepare a deed to the real estate to the purchaser	147074
identified by the Director of Administrative Services. The deed	147075
shall be executed by the Governor, countersigned by the Secretary	147076
of State, presented in the Office of the Auditor of State for	147077
recording, and delivered to the grantee at closing and upon the	147078
grantee's payment of the balance of the purchase price. The	147079
grantee shall present the deed for recording in the office of the	147080
Scioto County Recorder.	147081

The grantee shall pay all costs associated with the purchase	147082
and conveyance of the real estate, including the costs of	147083
recording the deed.	147084

The net proceeds of the conveyance of the real estate shall	147085
be deposited into the State Treasury to the credit of the Adult	147086
and Juvenile Correctional Facilities Bond Retirement Fund and	147087
shall be used to offset bond indebtedness for the Ohio River	147088
Valley Juvenile Correctional Facility capital projects. The	147089
Director of Budget and Management may direct that any moneys	147090
remaining in the fund after the redemption or defeasance of the	147091
bonds issued for those projects be transferred to the General	147092
Revenue Fund.	147093

147094

Section 755.10. The Director of Transportation may enter into	147095
agreements as provided in this section with the United States or	147096
any department or agency of the United States, including, but not	147097
limited to, the United States Army Corps of Engineers, the United	147098
States Forest Service, the United States Environmental Protection	147099
Agency, and the United States Fish and Wildlife Service. An	147100
agreement entered into pursuant to this section shall be solely	147101
for the purpose of dedicating staff to the expeditious and timely	147102
review of environmentally related documents submitted by the	147103
Director of Transportation, as necessary for the approval of	147104
federal permits. The agreements may include provisions for advance	147105
payment by the Director of Transportation for labor and all other	147106
identifiable costs of the United States or any department or	147107
agency of the United States providing the services, as may be	147108
estimated by the United States, or the department or agency of the	147109
United States. The Director shall submit a request to the	147110
Controlling Board indicating the amount of the agreement, the	147111
services to be performed by the United States or the department or	147112
agency of the United States, and the circumstances giving rise to	147113
the agreement.	147114

Section 757.10. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

147115

(A) On or before the tenth day of each month of the period	147116
beginning August 1, 2011, and ending June 30, 2013, the Tax	147117
Commissioner shall determine and certify to the Director of Budget	147118
and Management the amount to be credited during that month to the	147119
Local Government Fund and Public Library Fund pursuant to	147120
divisions (B) to (D) of this section.	147121

(B) Notwithstanding any provision of section 131.51 of the	147122
Revised Code to the contrary, for each month in the period	147123
beginning August 1, 2011, and ending June 30, 2013:	147124

(1) The amount credited first to the Local Government Fund	147125
shall be as provided in division (C) of this section;	147126

(2) The amount credited next to the Public Library Fund shall	147127
be according to the schedule in division (D) of this section.	147128

(C) Pursuant to division (B)(1) of this section, amounts	147129
shall be credited to the Local Government Fund as follows:	147130

(1)(a) In August 2011, seventy-five per cent of the amount	147131
credited in August 2010; in August 2012, fifty per cent of the	147132
amount credited in August 2010;	147133

(b) In September 2011, seventy-five per cent of the amount	147134
credited in September 2010; in September 2012, fifty per cent of	147135
the amount credited in September 2010;	147136

(c) In October 2011, seventy-five per cent of the amount	147137
credited in October 2010; in October 2012, fifty per cent of the	147138
amount credited in October 2010;	147139

(d) In November 2011, seventy-five per cent of the amount	147140
credited in November 2010; in November 2012, fifty per cent of the	147141
amount credited in November 2010;	147142

(e) In December 2011, seventy-five per cent of the amount	147143
credited in December 2010; in December 2012, fifty per cent of the	147144
amount credited in December 2010;	147145

(f) In January 2012, seventy-five per cent of the amount	147146
credited in January 2011; in January 2013, fifty per cent of the	147147
amount credited in January 2011;	147148

(g) In February 2012, seventy-five per cent of the amount	147149
credited in February 2011; in February 2013, fifty per cent of the	147150
amount credited in February 2011;	147151

(h) In March 2012, seventy-five per cent of the amount	147152
credited in March 2011; in March 2013, fifty per cent of the	147153
amount credited in March 2011;	147154

(i) In April 2012, seventy-five per cent of the amount	147155
credited in April 2011; in April 2013, fifty per cent of the	147156
amount credited in April 2011;	147157

(j) In May 2012, seventy-five per cent of the amount credited	147158
in May 2011; in May 2013, fifty per cent of the amount credited in	147159
May 2011;	147160

(k) In June 2012, seventy-five per cent of the amount	147161
credited in June 2011; in June 2013, fifty per cent of the amount	147162
credited in June 2011;	147163

(l) In July 2012, fifty per cent of the amount credited in	147164
July 2010.	147165

(2) For each month in the period beginning August 1, 2011,	147166
and ending June 30, 2013, an amount sufficient to make the	147167
distributions required for that month under divisions (E)(2)(a),	147168
(b), and (c) of this section.	147169

(3)(a) For each month in the period beginning August 1, 2011,	147170
and ending June 30, 2012, an amount equal to one-eleventh of the	147171
difference between fifty million dollars and the amount to be	147172
credited for that month under division (C)(4)(a) of this section;	147173

(b) For each month in the period beginning July 1, 2012, and	147174
ending June 30, 2012, an amount equal to one-twelfth of the	147175
difference between fifty million dollars and the amount to be	147176
credited for that month under division (C)(4)(a) of this section.	147177

(4) The amounts described in division (C)(3) of this section	147178
shall be credited each month from any of the taxes credited to the	147179
General Revenue Fund in the preceding month. The amounts described	147180
in divisions (C)(1) and (2) of this section shall be credited each	147181
month from the following sources of revenue:	147182

(a) Any of the taxes credited to the General Revenue Fund in	147183
the preceding month, in an amount equal to the difference between	147184
the amount to be credited for each month under division (C)(2) of	147185
this section and the sum of the following amounts:	147186

(i) The total amount that would be distributed to county	147187
undivided local government funds in that month under division	147188
(E)(2)(a) of this section if any county undivided local government	147189
fund that received a total distribution between five hundred	147190
thousand dollars and seven hundred fifty thousand dollars in	147191
fiscal year 2011 were not entitled to a distribution under that	147192
division;	147193

(ii) The total amount that would be distributed to county	147194
undivided local government funds in that month under divisions	147195
(E)(2)(b) or (c) of this section, as applicable, if those	147196
divisions applied to county undivided local government funds that	147197
received a total distribution between five hundred thousand	147198
dollars and seven hundred fifty thousand dollars in fiscal year	147199
2011 and if the amount to be distributed to a county undivided	147200
local government fund under that division equaled one-eleventh or	147201
one-twelfth of the difference between five hundred thousand	147202
dollars and the total amount to be allocated to the fund in fiscal	147203
year 2012 or 2013, as applicable.	147204

(b) Revenue arising from the personal income tax levied under	147205
Chapter 5747. of the Revised Code, in an amount equal to the total	147206
amount to be credited for each month under divisions (C)(1) and	147207
(2) of this section after subtraction of the amount credited from	147208
commercial activity tax revenue under division (C)(3)(a) of this	147209
section.	147210

(D) Pursuant to division (B)(2) of this section, amounts	147211
shall be credited from revenue arising from the kilowatt-hour tax	147212
and sales tax levied under section 5727.81 or 5739.02 of the	147213
Revised Code, respectively, to the Public Library Fund as follows:	147214

(1) In August 2011 and in August 2012, ninety-five per cent	147215
of the amount credited in August 2010;	147216

(2) In September 2011 and in September 2012, ninety-five per	147217
cent of the amount credited in September 2010;	147218

(3) In October 2011 and in October 2012, ninety-five per cent	147219
of the amount credited in October 2010;	147220

(4) In November 2011 and in November 2012, ninety-five per	147221
cent of the amount credited in November 2010;	147222

(5) In December 2011 and in December 2012, ninety-five per	147223
cent of the amount credited in December 2010;	147224

(6) In January 2012 and in January 2013, ninety-five per cent	147225
of the amount credited in January 2011;	147226

(7) In February 2012 and in February 2013, ninety-five per	147227
cent of the amount credited in February 2011;	147228

(8) In March 2012 and in March 2013, ninety-five per cent of	147229
the amount credited in March 2011;	147230

(9) In April 2012 and in April 2013, ninety-five per cent of	147231
the amount credited in April 2011;	147232

(10) In May 2012 and in May 2013, ninety-five per cent of the	147233
amount credited in May 2011;	147234

(11) In June 2012 and in June 2013, ninety-five per cent of	147235
the amount credited in June 2011;	147236

(12) In July 2012, ninety-five per cent of the amount	147237
credited in July 2010.	147238

(E) Notwithstanding any other provision of the Revised Code	147239
to the contrary, the total amount credited to the Local Government	147240
Fund in each month for the period beginning August 1, 2011, and	147241
ending June 30, 2013, shall be distributed by the tenth day of	147242
that month in the following manner:	147243

(1) The total amount credited to the Local Government Fund in	147244
each month pursuant to division (C)(1) of this section shall be	147245
distributed as follows:	147246

(a) Each county undivided local government fund shall receive	147247
a distribution from the Local Government Fund based on its	147248
proportionate share of the total amount received from the fund in	147249
that respective month in fiscal year 2011. As used in this	147250
section, "total amount received" does not include payments	147251
received in fiscal year 2011 under division (C) of section 5725.24	147252
of the Revised Code.	147253

(b) Each municipal corporation that received a direct	147254
distribution in fiscal year 2011 from the Local Government Fund	147255
under division (C) of section 5747.50 of the Revised Code shall	147256
receive a distribution based on its proportionate share of the	147257
total amount of direct distributions made to municipal	147258
corporations from the fund in that respective month in fiscal year	147259
2011.	147260

(2) The total amount credited to the Local Government Fund in	147261
each month pursuant to division (C)(2) of this section shall be	147262
distributed as follows:	147263

(a) If a county undivided local government fund's total	147264
distribution in fiscal year 2011 was equal to or less than seven	147265
hundred fifty thousand dollars, the fund shall receive a	147266
distribution equal to the difference between the amount	147267
distributed to the fund in that respective month in fiscal year	147268
2011 and the amount allocated to the fund for the month under	147269
division (E)(1)(a) of this section.	147270

(b) For each month in the period beginning August 1, 2011,	147271
and ending June 30, 2012, if a county undivided local government	147272
fund's total distribution in fiscal year 2011 exceeded seven	147273
hundred fifty thousand dollars and if the sum of the amount	147274
allocated to the fund in July 2011 and the amounts to be allocated	147275
to the fund between August 1, 2011, and June 30, 2012, under	147276
division (E)(1)(a) of this section is less than seven hundred	147277
fifty thousand dollars, the fund shall receive a distribution	147278
equal to one-eleventh of the difference between seven hundred	147279
fifty thousand dollars and that sum.	147280

(c) For each month in the period beginning July 1, 2012, and	147281
ending June 30, 2013, if a county undivided local government	147282
fund's total distribution in fiscal year 2011 exceeded seven	147283
hundred fifty thousand dollars and if the total amount to be	147284
allocated to the fund in fiscal year 2013 under division (E)(1)(a)	147285
of this section is less than seven hundred fifty thousand dollars,	147286
the fund shall receive a distribution equal to one-twelfth of the	147287
difference between seven hundred fifty thousand dollars and the	147288
total amount to be allocated to the fund in fiscal year 2013 under	147289
division (E)(1)(a) of this section.	147290

(3) The total amount credited to the Local Government Fund in	147291
each month pursuant to division (C)(3) of this section shall be	147292
distributed to each county undivided local government fund based	147293
on each fund's proportionate share of the total amount received	147294
from the Local Government Fund in that respective month in fiscal	147295
year 2011. As used in this section, "total amount received" does	147296
not include payments received in fiscal year 2011 under division	147297
(C) of section 5725.24 of the Revised Code.	147298

(F) Notwithstanding any other provision of the Revised Code	147299
to the contrary, by the tenth day of each month of the period	147300
beginning July 1, 2011, and ending December 31, 2011, each county	147301
undivided public library fund shall receive a distribution from	147302
the Public Library Fund equal to the product derived by	147303
multiplying the following amounts:	147304

(1) The total amount credited to the Public Library Fund in	147305
that month;	147306

(2) A percentage calculated by multiplying one hundred by the	147307
quotient obtained by dividing the sum of the county's	147308
distributions from the Public Library Fund during calendar year	147309
2010 by the sum of distributions made to all counties from the	147310
Public Library Fund during calendar year 2010.	147311

(G) Notwithstanding any other provision of the Revised Code	147312
to the contrary, by the tenth day of each month of the period	147313
beginning January 1, 2012, and ending June 30, 2013, each county	147314
undivided public library fund shall receive a distribution from	147315
the Public Library Fund equal to the product derived by	147316
multiplying the following amounts:	147317

(1) The total amount credited to the Public Library Fund in	147318
that month;	147319

(2) A percentage calculated by multiplying one hundred by the	147320
quotient obtained by dividing the sum of the county's	147321
distributions from the Public Library Fund during calendar year	147322
2011 by the sum of distributions made to all counties from the	147323
Public Library Fund during calendar year 2011.	147324

(H) For the 2012 and 2013 distribution years, the Tax	147325
Commissioner is not required to issue the certifications otherwise	147326
required by sections 5747.47, 5747.501, and 5747.51 of the Revised	147327
Code, but shall provide to each county auditor by July 20, 2011,	147328
and July 20, 2012, an estimate of the amounts to be received by	147329
the county in the ensuing year from the Public Library Fund and	147330
the Local Government Fund pursuant to this section and any other	147331
section of the Revised Code. The Tax Commissioner may report to	147332
each county auditor additional revised estimates of the 2011,	147333
2012, or 2013 distributions at any time during fiscal years 2012	147334
and 2013.	147335

Section 757.20. A school district, joint vocational school	147336
district, or local taxing unit may appeal a levy classification or	147337
any amount used in the calculation of total resources as defined	147338
under division (A) of section 5727.84 or division (A) of section	147339
5751.20 of the Revised Code. Such an appeal shall be filed in	147340
writing, including via electronic mail, with the Tax Commissioner.	147341
Upon receiving such an appeal, the Tax Commissioner shall make a	147342
determination of the merits of the appeal and, if the appeal is	147343
upheld, make necessary changes within the classifications or	147344
calculations. The determination of the Tax Commissioner is final	147345
and not subject to appeal. After June 30, 2013, no changes shall	147346
be made in the classifications or calculations.	147347

Section 757.30. The Tax Commissioner shall conduct a review	147348
of the operations of the Board of Tax Appeals, and, not later than	147349
November 15, 2011, shall submit a written report to the Governor,	147350
Speaker of the House of Representatives, and President of the	147351
Senate providing an assessment of the Board's operations and	147352
recommendations for improvement. The Tax Commissioner's review	147353
shall include consultation with persons who have participated in	147354
or have had matters before the Board and are familiar with the	147355
Board's operations and procedures. The report shall include	147356
recommendations for improving the appeals process, internal	147357
operations, and other operational matters the Commissioner deems	147358
advisable. The Commissioner may designate an employee of the	147359
Department of Taxation to conduct the review.	147360

Section 757.40. (A) As used in this section:

147361

(1) "Qualifying delinquent taxes" means any tax levied under	147362
Chapters 5731., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	147363
and 5751. of the Revised Code, including the taxes levied under	147364
sections 5707.03, 5727.24, 5733.41, and 5747.41 of the Revised	147365
Code and taxes required to be withheld under Chapters 5747. and	147366
5748. of the Revised Code, which were due and payable from any	147367
person as of May 1, 2011, were unreported or underreported, and	147368
remain unpaid.	147369

(2) "Qualifying delinquent taxes" does not include any tax	147370
for which a notice of assessment or audit has been issued, for	147371
which a bill has been issued, which relates to a tax period that	147372
ends after the effective date of this section, or for which an	147373
audit has been conducted or is currently being conducted.	147374

(B) The Tax Commissioner shall establish and administer a tax	147375
amnesty program with respect to qualifying delinquent taxes. The	147376
program shall commence on May 1, 2012, and shall conclude on June	147377
15, 2012. The Tax Commissioner shall issue forms and instructions	147378
and take other actions necessary to implement the program. The Tax	147379
Commissioner shall publicize the program so as to maximize public	147380
awareness and participation in the program. The Commissioner may	147381
contract with such parties as the Commissioner deems necessary for	147382
promotion, computer support, or administration of the program.	147383

(C) During the program, if a person pays the full amount of	147384
qualifying delinquent taxes owed by that person and one-half of	147385
any interest that has accrued as a result of the person failing to	147386
pay those taxes in a timely fashion, the Tax Commissioner shall	147387
waive or abate all applicable penalties and one-half of any	147388
interest that accrued on the qualifying delinquent taxes.	147389

(D) The Tax Commissioner may require a person participating	147390
in the program to file returns or reports, including amended	147391
returns and reports, in connection with the person's payment of	147392
qualifying delinquent taxes.	147393

(E) A person who participates in the program and pays in full	147394
any outstanding qualifying delinquent tax and the interest payable	147395
on such tax in accordance with this section shall not be subject	147396
to any criminal prosecution or any civil action with respect to	147397
that tax, and no assessment shall thereafter be issued against	147398
that person with respect to that tax.	147399

(F) Taxes and interest collected under the program shall be	147400
credited to the General Revenue Fund, except that:	147401

(1) Qualifying delinquent taxes levied under section	147402
5739.021, 5739.023, or 5739.026 of the Revised Code shall be	147403
distributed to the appropriate counties and transit authorities in	147404
accordance with section 5739.21 of the Revised Code during the	147405
next distribution required under that section;	147406

(2) Qualifying delinquent taxes levied under section	147407
5741.021, 5741.022, or 5741.023 of the Revised Code shall be	147408
distributed to the appropriate counties and transit authorities in	147409
accordance with section 5741.03 of the Revised Code during the	147410
next distribution required under that section;	147411

(3) Qualifying delinquent taxes levied under Chapter 5748. of	147412
the Revised Code shall be credited to the school district income	147413
tax fund and then paid to the appropriate school district with the	147414
next payment required under division (D) of section 5747.03 of the	147415
Revised Code;	147416

(4) Qualifying delinquent taxes levied under Chapter 5731. of	147417
the Revised Code shall be divided between the General Revenue Fund	147418
and the municipal corporation or township in which the tax	147419
originates in accordance with section 5731.48 of the Revised Code;	147420

(5) Qualifying delinquent taxes levied under Chapter 5735. of	147421
the Revised Code shall be distributed according to the	147422
requirements of sections 5735.23, 5735.26, 5735.27, 5735.291, and	147423
5735.30 of the Revised Code; and \(6) Qualifying delinquent taxes	147424
levied under section 5743.021, 5743.024, 5743.026, 5743.321,	147425
5743.323, or 5743.324 of the Revised Code shall be distributed as	147426
required under sections 5743.021, 5743.024, and 5743.026 of the	147427
Revised Code.	147428

(6) Qualifying delinquent taxes levied under section	147429
5743.021, 5743.024, 5743.026, 5743.321, 5743.323, or 5743.324 of	147430
the Revised Code shall be distributed as required under sections	147431
5743.021, 5743.024, and 5743.026 of the Revised Code.	147432

Section 757.41. Section 757.40 of this act is hereby	147433
repealed, effective June 16, 2012. The repeal of Section 757.40 of	147434
this act does not affect, after the effective date of the repeal,	147435
the rights, remedies, or actions authorized under that section.	147436

Section 757.50. All inheritance tax files that still remain	147437
open under temporary order, or otherwise, for which the "ultimate	147438
succession" pursuant to former sections 5731.28 and 5731.29 of the	147439
Revised Code as those sections existed before their repeal by S.B.	147440
326 of the 107th General Assembly (effective July 1, 1968),	147441
relating to the inheritance tax, has not been finalized and have	147442
not been submitted to the Department of Taxation as explained	147443
below, shall be considered to be closed as of January 1, 2013.	147444

Notwithstanding the former sections of the Revised Code	147445
constituting the Ohio Inheritance Tax as those sections existed	147446
before their repeal by that act, all claims and inquiries must be	147447
received by the Department of Taxation, or postmarked on or	147448
before, December 31, 2012.	147449

Section 757.60. The amendment by this act of division (OO) of	147450
section 5739.01 of the Revised Code is to clarify the General	147451
Assembly's intent of that section when enacted.	147452

Section 757.70. Section 5709.084 of the Revised Code, as	147453
amended by this act, is remedial in nature and applies to the tax	147454
years at issue in any application for exemption from taxation	147455
pending before the Tax Commissioner, the Board of Tax Appeals, any	147456
Court of Appeals, or the Supreme Court on the effective date of	147457
this act and to the property that is the subject of any such	147458
application.	147459

Section 757.80. The amendment by this act of section 5709.07	147460
of the Revised Code applies to tax years 2011 and thereafter.	147461

Section 757.90. For the purposes of this section,	147462
"proceedings" and "securities" have the same meaning as in section	147463
133.01 of the Revised Code.	147464

The amendment or enactment by this act of sections 145.56,	147465
319.301, 3305.08, 3307.41, 3309.66, 3316.041, 3316.06, 3316.08,	147466
3317.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05, 5748.081,	147467
and 5748.09 of the Revised Code apply to any proceedings commenced	147468
after the effective date of sections 145.56, 3305.08, 3307.41,	147469
3309.66, 3316.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05,	147470
5748.081, and 5748.09 of the Revised Code and, so far as their	147471
provisions support the actions taken, also apply to any	147472
proceedings that on that effective date are pending, in progress,	147473
or completed, and to any elections authorized, conducted, or	147474
certified and securities authorized or issued pursuant to those	147475
proceedings, notwithstanding any law, resolution, ordinance,	147476
order, advertisement, notice, or other proceeding in effect before	147477
that effective date. Any proceedings pending or in progress on, or	147478
completed by, that effective date, elections authorized,	147479
conducted, or certified, and securities sold, issued, and	147480
delivered, or validated, pursuant to those proceedings, are	147481
ratified with respect to, and shall be deemed to have been taken,	147482
authorized, conducted, certified, sold, issued, delivered, or	147483
validated in conformity with section 5748.09 of the Revised Code	147484
and the amended sections so far as their provisions support the	147485
actions taken. To the extent those proceedings are proper in all	147486
other respects, if the proceedings are filed with a board of	147487
elections in anticipation of the taking effect of those amendments	147488
and enactments and in a manner that would be valid if the	147489
amendments and enactments took effect on the date they became law,	147490
then that board of elections, so long as it received a	147491
confirmation stating an intention to proceed from or on behalf of	147492
the board of education within five business days after the	147493
effective date of the amendments and enactments shall accept the	147494
proceedings and take any actions or make any arrangements	147495
necessary for the submission of a question to the electors or	147496
otherwise required by the Revised Code.	147497

The amendment or enactment by this act of sections 145.56,	147498
319.301, 3305.08, 3307.41, 3309.66, 3316.041, 3316.06, 3316.08,	147499
3317.08, 5505.22, 5705.214, 5705.29, 5748.01, 5748.05, 5748.081,	147500
and 5748.09 of the Revised Code provide additional or supplemental	147501
provisions for subject matter that may also be the subject of	147502
other laws, and are intended to be supplemental to, and not in	147503
derogation of, any similar authority provided by, derived from, or	147504
implied by the Ohio Constitution, or any other law, including laws	147505
amended by this act, or any charter, order, resolution, or	147506
ordinance; and those amendments and enactments shall not be	147507
interpreted to negate the authority provided by, derived from, or	147508
implied by such constitution, laws, charters, orders, resolutions,	147509
or ordinances.	147510

Section 759.10. As the terms of members who hold additional	147511
memberships on a veterans service commission under section	147512
5901.021 of the Revised Code expire, the additional memberships	147513
are abolished. When the term of the last such member expires, the	147514
membership of the commission shall be constituted only as	147515
prescribed in section 5901.02 of the Revised Code.	147516

Section 801.20. As used in the uncodified law of this act,	147517
"American Recovery and Reinvestment Act of 2009" means the	147518
"American Recovery and Reinvestment Act of 2009," Pub. L. No.	147519
111-5, 123 Stat. 115.	147520

Section 801.30. REVENUE GENERATED BY TRANSFER OF LIQUOR	147521
ENTERPRISE TO JOBSOHIO	147522

The revenue estimates for fiscal year 2012 assume receipt of	147523
$500,000,000 in cash from JobsOhio pursuant to section 4313.02 of	147524
the Revised Code, as enacted by this act, and the transfer of the	147525
enterprise acquisition project authorized therein.	147526

Section 803.40. Sections 121.40, 121.401 to 121.404, 1501.40,	147527
3301.70, 3333.043, and 4503.93 of the Revised Code continue to	147528
operate the same as they did before their amendment by this act,	147529
except for the name of the Ohio Community Service Council being	147530
changed to the Ohio Commission on Service and Volunteerism.	147531

Section 803.60. Section 3903.301 of the Revised Code shall	147532
apply only to formal delinquency proceedings that commence under	147533
sections 3903.01 to 3903.59 of the Revised Code on or after the	147534
effective date of this act.	147535

Section 806.10. The items of law contained in this act, and	147536
their applications, are severable. If any item of law contained in	147537
this act, or if any application of any item of law contained in	147538
this act, is held invalid, the invalidity does not affect other	147539
items of law contained in this act and their applications that can	147540
be given effect without the invalid item of law or application.	147541

Section 809.10. An item of law, other than an amending,	147542
enacting, or repealing clause, that composes the whole or part of	147543
an uncodified section contained in this act has no effect after	147544
June 30, 2013, unless its context clearly indicates otherwise.	147545

Section 812.10. Except as otherwise provided in this act, the	147546
amendment, enactment, or repeal by this act of a section is	147547
subject to the referendum under Ohio Constitution, Article II,	147548
section 1c and therefore takes effect on the ninety-first day	147549
after this act is filed with the Secretary of State or, if a later	147550
effective date is specified below, on that date.	147551

The amendment or repeal of sections 9.231, 9.24, 127.16,	147552
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,	147553
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 2744.05, 3111.04,	147554
3113.06, 3119.54, 3901.3814, 3923.281, 3963.01, 4731.65, 4731.71,	147555
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216,	147556
5101.571, 5101.58, 5111.0112, and 5111.941 of the Revised Code	147557
takes effect October 1, 2011.	147558

The amendment or enactment of sections 123.10, 154.11,	147559
154.24, 154.25, 5120.105, 5707.031, 5725.151, 5725.24, and	147560
5751.011 of the Revised Code and Sections 701.50 and 515.40 of	147561
this act takes effect January 1, 2012.	147562

The amendment of sections 131.44 and 131.51 of the Revised	147563
Code takes effect June 1, 2013.	147564

Section 812.20. The amendment, enactment, or repeal by this	147565
act of the sections listed below is exempt from the referendum	147566
under Ohio Constitution, Article II, section 1d and section 1.471	147567
of the Revised Code and therefore takes effect immediately when	147568
this act becomes law or, if a later effective date is specified	147569
below, on that date.	147570

Sections 9.06, 9.833, 9.90, 9.901, 101.532, 101.82, 111.12,	147571
111.16, 111.18, 111.181, 111.28, 111.29, 117.13, 121.37, 124.09,	147572
124.14, 124.141, 124.15, 124.23, 124.231, 124.25, 124.26, 124.27,	147573
124.31, 125.15, 125.18, 125.213, 125.28, 125.89, 126.04, 126.12,	147574
126.24, 127.14, 149.091, 149.11, 149.311, 305.171, 319.301,	147575
505.60, 505.601, 505.603, 901.09, 924.52, 927.69, 1309.528,	147576
1327.46, 1327.50, 1327.501, 1327.51, 1327.511, 1327.54, 1327.57,	147577
1327.62, 1327.99, 1329.04, 1329.42, 1332.24, 1501.031, 1515.14,	147578
1545.071, 1551.311, 1551.32, 1551.35, 1555.02, 1555.03, 1555.04,	147579
1555.05, 1555.06, 1555.08, 1555.17, 1701.07, 1702.59, 1703.031,	147580
1703.07, 1776.83, 1785.06, 3301.07, 3301.16, 3301.162, 3301.81,	147581
3301.82, 3302.031, 3302.07, 3306.01, 3306.011, 3306.012, 3306.02,	147582
3306.03, 3306.04, 3306.05, 3306.051, 3306.052, 3306.06, 3306.07,	147583
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.12, 3306.13,	147584
3306.19, 3306.191, 3306.192, 3306.21, 3306.22, 3306.29, 3306.291,	147585
3306.292, 3307.31, 3307.64, 3309.41, 3309.48, 3309.51, 3310.02,	147586
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.059, 3311.0510,	147587
3311.06, 3311.19, 3311.21, 3311.29, 3311.52, 3311.76, 3313.29,	147588
3313.411, 3313.55, 3313.64, 3313.6410, 3313.843, 3313.88,	147589
3313.978, 3313.981, 3314.012, 3314.08, 3314.085, 3314.087,	147590
3314.088, 3314.091, 3314.10, 3314.11, 3314.111, 3314.13, 3314.35,	147591
3315.01, 3316.041, 3316.06, 3316.20, 3316.21, 3317.01, 3317.011,	147592
3317.013, 3317.014, 3317.016, 3317.017, 3317.018, 3317.02,	147593
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,	147594
3317.0211, 3317.0212, 3317.0216, 3317.03, 3317.031, 3317.04,	147595
3317.05, 3317.051, 3317.053, 3317.061, 3317.07, 3317.08, 3317.081,	147596
3317.082, 3317.09, 3317.11, 3317.12, 3317.16, 3317.17, 3317.18,	147597
3317.19, 3317.20, 3317.201, 3318.011, 3318.051, 3318.36, 3319.19,	147598
3319.39, 3319.57, 3319.62, 3323.091, 3323.14, 3323.142, 3323.31,	147599
3324.05, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.16,	147600
3345.14, 3345.81, 3349.242, 3353.15, 3365.01, 3365.08, 3506.05,	147601
3701.0211, 3704.06, 3704.14, 3734.901, 3745.015, 3745.016,	147602
3793.04, 3793.21, 4115.101, 4121.03, 4121.12, 4121.121, 4121.125,	147603
4121.128, 4121.44, 4121.75, 4121.76, 4121.77, 4121.78, 4121.79,	147604
4123.341, 4123.342, 4123.35, 4141.08, 4141.11, 4301.43, 4511.191,	147605
4725.34, 4733.15, 4733.151, 5111.0122, 5111.0213, 5111.0215,	147606
5111.945, 5112.99, 5112.991, 5120.092, 5123.0419, 5126.0511,	147607
5126.11, 5126.18, 5126.24, 5703.05, 5705.211, 5715.26, 5727.84,	147608
5727.85, 5727.86, 5747.46, 5747.51, 5747.52, 5747.53, 5751.20,	147609
5751.21, 5751.22, 5751.23, and 6109.21.	147610

The amendment, enactment, or repeal of sections 109.572,	147611
173.21, 173.35 (5119.69), 173.351 (5119.691), 173.36 (5119.692),	147612
340.03, 340.05, 340.08, 340.091, 340.11, 2317.02, 2317.422,	147613
2903.33, 3306.12 (3317.0212), 3313.65, 3318.49, 3326.11, 3701.07,	147614
3701.74, 3721.02, 3721.50, 3721.51, 3721.56, 3721.561 (3721.56),	147615
3721.58, 3722.011 (5119.701), 3722.021 (5119.711), 3722.022	147616
(5119.712), 3722.03 (5119.72), 3722.041 (5119.731), 3722.05	147617
(5119.74), 3722.06 (5119.75), 3722.07 (5119.76), 3722.08	147618
(5119.77), 3722.09 (5119.78), 3722.10 (5119.79), 3722.11	147619
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 3722.14	147620
(5119.83), 3722.15 (5119.84), 3722.151 (5119.85), 3722.16	147621
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88), 3722.99, 3737.83,	147622
3737.841, 3769.08, 3769.20, 3769.26, 3781.183, 3791.043, 5101.35,	147623
5101.60, 5101.61, 5111.023, 5111.025, 5111.113, 5111.222,	147624
5111.231, 5111.24, 5111.243, 5111.244, 5111.25, 5111.254,	147625
5111.911, 5111.912, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39,	147626
5119.18, 5119.61, 5119.613 (5119.614), 5119.62, 5119.621,	147627
5119.622, 5119.623, 5119.99, 5122.15, 5701.13, and 5731.39 of the	147628
Revised Code takes effect July 1, 2011.	147629

The amendment of sections 5112.40, 5112.41, and 5112.46 of	147630
the Revised Code takes effect October 1, 2011.	147631

Sections of this act prefixed with section numbers in the	147632
200's, 300's, 400's, 500's, and 600's, except for Sections	147633
309.30.40, 501.10, 515.20, 690.10, and 690.11 of this act and	147634
except for the amendment of Section 105.45.70 of Sub. H.B. 462 of	147635
the 128th General Assembly.	147636

Sections 701.20, 733.10, 753.10, 757.10, 757.20, and 757.30	147637
of this act.	147638

Sections 801.20, 812.10, 812.20, and 812.30 of this act.

147639

Section 812.30. The sections that are listed in the left-hand	147640
column of the following table combine amendments by this act that	147641
are and that are not exempt from the referendum under Ohio	147642
Constitution, Article II, sections 1c and 1d and section 1.471 of	147643
the Revised Code.	147644

The middle column identifies the amendments to the listed	147645
sections that are subject to the referendum under Ohio	147646
Constitution, Article II, section 1c and therefore take effect on	147647
the ninety-first day after this act is filed with the Secretary of	147648
State or, if a later effective date is specified, on that date.	147649

The right-hand column identifies the amendments to the listed	147650
sections that are exempt from the referendum under Ohio	147651
Constitution, Article II, section 1d and section 1.471 of the	147652
Revised Code and therefore take effect immediately when this act	147653
becomes law or, if a later effective date is specified, on that	147654
date.	147655

Section of law	Amendments subject to referendum	Amendments exempt from referendum	147656
102.02	All amendments except as described in the right-hand column	The amendment in division (A) striking through "the director appointed by the workers' compensation council;"	147657
109.57	All amendments except as described in the right-hand column	The amendment to division (G) takes effect July 1, 2011	147658
173.14	All amendments except as described in the right-hand column	The amendments to divisions (A)(1)(d) and (f) take effect July 1, 2011	147659
173.26	All amendments except as described in the right-hand column	The amendment to division (A)(4) takes effect July 1, 2011	147660
173.42	All amendments except as described in the right-hand column	The amendment to division (I)(3) takes effect July 1, 2011	147661
1551.33	The amendment in division (C) striking through "1551.13,"	All amendments except as described in the middle column	147662
3313.614	All amendments except as described in the right-hand column	The amendment to division (C)(1)	147663
3314.10	The amendments to divisions (A) and (B)(1)	The amendments to division (B)(2)	147664
3314.19	All amendments except amendments to division (A)	Amendments to division (A)	147665
3314.22	All amendments except as described in the right column	The amendments to division (A)(3) and (4) striking references to the office of community schools and inserting references to the department of education	147666
3317.06	The amendments to divisions (A)(2), (K), and (L) and the addition of division (O)	All amendments except as described in the middle column	147667
3318.032	The amendment inserting "subject to a new project scope and estimated costs under section 3318.054 of the Revised Code,"	1. The amendment striking "one-year" and inserting "thirteen-month" 2. The amendment striking "year" and inserting "period"	147668
3318.05	The amendment inserting ", subject to section 3318.054 of the Revised Code"	The amendment striking "one year" and inserting "thirteen months"	147669
3318.41	The amendments to divisions (D)(2) and (H)	The amendment to division (D)(1)(b)	147670
3319.17	The amendment to division (B)	Amendment to division (A)	147671
3721.01	All amendments except as described in the right-hand column	The amendment to division (A)(1)(c)(iv) takes effect July 1, 2011	147672
3722.01 (5119.70)	The amendments to division (A)(13)	All amendments except the amendments to division (A)(13)	147673
3722.04 (5119.73)	The amendments to division (C)	All amendments except the amendments to division (C)	147674
3734.57	All amendments except amendments to division (A)	Amendments to division (A)	147675
3745.11	The amendment inserting division (S)(3) and amendments in division (S)(1) relating thereto	All amendments except as described in the middle column	147676
4115.10	The amendment in division (A) striking "(1) or (2)"	All amendments except as described in the middle column	147677
5111.873	1. The amendment to division (A) that inserts "subject to division (D) of this section" 2. All of division (D)	All amendments except as described in the middle column	147678
5119.22	All amendments except as described in the right-hand column	The amendments to division (A)(1)(a) and the paragraph following division (A)(1)(d)(iii) take effect July 1, 2011	147679
5123.19	All amendments except as described in the right-hand column	The amendment to division (B) takes effect July 1, 2011	147680
5126.05	The amendment to division (D)	The amendment to division (A)(4)	147681

Section 812.40. The amendments to sections 5101.26, 5123.19,	147682
and 5123.191 of the Revised Code are subject to the referendum	147683
under Ohio Constitution, Article II, Section 1c and section 1.471	147684
of the Revised Code, and therefore take effect on the ninety-first	147685
day after this act is filed with the Secretary of State. However,	147686
in section 5101.26 of the Revised Code, the amendment striking	147687
"and 5101.5211 to 5101.5216" takes effect on October 1, 2011.	147688

The amendment to divisions (B) and (G) of section 5123.191 of	147689
the Revised Code take effect October 1, 2012.	147690

Section 815.20. The General Assembly, applying the principle	147691
stated in division (B) of section 1.52 of the Revised Code that	147692
amendments are to be harmonized if reasonably capable of	147693
simultaneous operation, finds that the following sections,	147694
presented in this act as composites of the sections as amended by	147695
the acts indicated, are the resulting versions of the sections in	147696
effect prior to the effective date of the sections as presented in	147697
this act:	147698

Section 9.06 of the Revised Code as amended by Am. Sub. H.B.	147699
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th	147700
General Assembly.	147701

Section 121.37 of the Revised Code as amended by Am. Sub.	147702
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147703

Section 123.01 of the Revised Code as amended by both Am.	147704
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147705

Section 124.11 of the Revised Code as amended by Am. Sub.	147706
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147707

Section 124.23 of the Revised Code as amended by Am. Sub.	147708
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147709

Section 124.27 of the Revised Code as amended by Am. Sub.	147710
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147711

Section 124.34 of the Revised Code as amended by Am. Sub.	147712
H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	147713

Section 127.16 of the Revised Code as amended by Am. Sub.	147714
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147715

Section 505.49 of the Revised Code as amended by both Am.	147716
Sub. H.B. 490 and Am. H.B. 515 of the 124th General Assembly.	147717

Section 1901.02 of the Revised Code as amended by both Am.	147718
Sub. H.B. 238 and Sub. H.B. 338 of the 128th General Assembly.	147719

Section 1533.111 of the Revised Code as amended by Am. Sub.	147720
H.B. 66 and H.B. 296 of the 126th General Assembly.	147721

Sections 1923.01 and 1923.02 of the Revised Code as amended	147722
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General	147723
Assembly.	147724

Section 2903.33 of the Revised Code as amended by Am. Sub.	147725
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147726

Section 3301.07 of the Revised Code as amended by Am. Sub.	147727
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147728

Section 3311.054 as amended by Am. Sub. H.B. 601 and Am. Sub.	147729
S.B. 230 of the 121st General Assembly.	147730

Section 3313.65 of the Revised Code as amended by Am. Sub.	147731
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147732

Section 3317.02 of the Revised Code as amended by Am. Sub.	147733
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147734

Section 3317.024 of the Revised Code as amended by Am. Sub.	147735
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147736

Section 3317.03 of the Revised Code as amended by Am. Sub.	147737
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147738

Section 3317.20 of the Revised Code as amended by Am. Sub.	147739
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147740

Section 3323.091 of the Revised Code as amended by Am. Sub.	147741
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147742

Section 3323.142 of the Revised Code as amended by Am. Sub.	147743
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147744

Section 3721.01 of the Revised Code as amended by Am. Sub.	147745
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147746

Section 3722.01 of the Revised Code as amended by Am. Sub.	147747
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147748

Section 4115.04 of the Revised Code as amended by Sub. H.B.	147749
443 and Am. Sub. H.B. 699 of the 126th General Assembly.	147750

Section 4517.01 of the Revised Code as amended by Am. H.B. 9	147751
and Am. Sub. H.B. 114 of the 129th General Assembly.	147752

Section 5111.211 of the Revised Code as amended by Am. Sub.	147753
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147754

Section 5112.30 of the Revised Code as amended by Am. Sub.	147755
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147756

Section 5112.37 of the Revised Code as amended by Am. Sub.	147757
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147758

Section 5119.16 of the Revised Code as amended by Am. Sub.	147759
H.B. 1 and S.B. 79 of the 128th General Assembly.	147760

Section 5123.0413 of the Revised Code as amended by Am. Sub.	147761
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147762

Section 5123.0417 of the Revised Code as amended by Am. Sub.	147763
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147764

Section 5123.19 of the Revised Code as amended by Am. Sub.	147765
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147766

Section 5126.05 of the Revised Code as amended by Am. Sub.	147767
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147768

Section 5126.054 of the Revised Code as amended by Am. Sub.	147769
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147770

Section 5126.0512 of the Revised Code as amended by Am. Sub.	147771
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147772

Section 5126.24 of the Revised Code as amended by Am. Sub.	147773
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	147774

Section 5723.05 of the Revised Code as amended by Am. Sub.	147775
H.B. 387 and Am. Sub. H.B. 576 of the 118th General Assembly.	147776

Section 5739.02 of the Revised Code as amended by Am. Sub.	147777
S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.	147778